- Court seeks personal appearance of federal interior, defence secretaries on Wednesday
- Constitution bars high court from exercising jurisdiction under Article 199 in relation to any area manned by armed forces in aid of civil authorities in pursuance of Article 245
A tiff between Bannu Brigade Commandant Attique Ahmad and Justice Ikramullah Khan of Peshawar High Court (PHC)’s Bannu bench has taken a new turn as the court has summoned the attorney general of Pakistan (AGP) and federal interior and defence secretaries for Wednesday, June 3, to explain as to why the high court judge was not allowed to enter the court.
Per documents, PHC Justice Ikramullah Khan’s official vehicle along with the police squad was stopped from entering the Bannu Cantonment on Muslim Gate on the evening of May 27. The PHC Bannu Bench is located inside Bannu Cantonment.
According to the court notice, the army personnel posted at the gate stopped the vehicle of Justice Ikramullah Khan and put an “unjustified” demand for the judge’s official card. The guards resisted when the judge refused to show the card and the driver tried to enter the gate. This infuriated the judge who proceeded on foot, leaving the official vehicle at the gate.
The PHC Bannu Bench additional registrar issued notices to the federal defence secretary, KP home & tribal affairs secretary, Bannu 325 Brigade Commandant Brigadier Attique Ahmad and Bannu deputy commissioner for personal appearance on May 28.
However, the defence secretary, KP home & tribal affairs secretary and Brigadier Attique did not appear before the court next morning. Deputy attorney general (DAG) represented the federal defence secretary while Bannu DC marked their presence.
The court took notice of officials’ absence and again issued notices to the three for ensuring personal appearance on June 3.
During the hearing, the DAG and Bannu DC told the court that the KP government provided sufficient funds to the Pakistan Army to provide security to the people, however in the “garb” of those funds, instead of providing security to the people/citizens, “the army has started harassing civil servants and members of civil society, including high court judges and lawyers”.
Documents available with Pakistan Today reflect that the court has also directed KP chief secretary, KP provincial police officer (PPO) and Bannu regional police officer (RPO) before the bench on Wednesday.
“Under what authority the residential as well as the premises of high court are given under Pak Army 325 Brigade, Bannu, and also to show cause that under what authority the respondent (Brigade) have installed a checkpost in an area where the PHC Bannu bench works, civil society is residing and to show that under what law, they are disgracing people in the garb of security and also to show that who has given them authority to search the judges while entering and leaving the PHC, Bannu Bench,” the court order sought explanations.
The court order, issued by PHC Bannu additional registrar stated that the division bench showed great resentment over the incident as not only the official card was sought by the army personnel but also the vehicle was prevented from entry inside the cantonment.
“As far as Bannu 325 commandant is concerned, he considers himself to be immune from Constitution and law, therefore, AGP and interior and defence secretaries have been directed to ensure his attendance in the court,” the order said.
In the meanwhile, social media remained abuzz with the narration of Constitution’s Article 245 which explains the functions of the Armed Forced as:
“(1) The Armed Forces shall, under the directions of the Federal Government, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so.
(2) The validity of any direction issued by the Federal Government under clause (1) shall not be called in question in any court.
(3) A High Court shall not exercise any jurisdiction under Article 199 in relation to any area in which the Armed Forces of Pakistan are, for the time being, acting in aid of civil power in pursuance of Article 245:
Provided that this clause shall not be deemed to affect the jurisdiction of the High Court in respect of any proceeding pending immediately before the day on which the Armed Forces start acting in aid of civil power.
(4) Any proceeding in relation to an area referred to in clause (3) instituted on or after the day the Armed Forces start acting in aid of civil power and pending in any High Court shall remain suspended for the period during which the Armed Forces are so acting.”