ISLAMABAD: The Islamabad High Court (IHC) has decided to constitute a larger bench to hear the petition filed by Islamabad District Bar (IDB) against the implementation of Article 245 in Islamabad.
A single bench of the IHC comprising Justice Shaukat Aziz Siddiqui took up IDB petition for hearing on Wednesday. DBR President Nasir Ahmad Kiani, Syed Nayab Hassan Gardezi, Niazullah Niazi, Advocate Shabbir Ahmad Bhutta and Sheikh Ahsanuddin, a member Punjab Bar Council, appeared in the court. Additional Attorney General (AAG) Tariq Mehmood Khokhar represented the federation in the court.
Counsel for the federation told the court that Article 245 was enforced on July 28, 2014 and under it powers were given to the army for maintaining law and order in Islamabad. However, Justice Shaukat Aziz Siddiqui remarked, “This is a serious matter. Judge of single bench cannot hear this case. It is better a larger bench be constituted to hear this case. The larger bench will give final decision.” Sheikh Ahsanuddin, counsel for the petitioner, told the court that the government has called in army in Islamabad under Article 245 of the constitution.
He said the notification issued by the government for invoking Article 245 has no constitutional standing nor can the army be called in Islamabad, therefore, the court should suspend it. Justice Siddiqui remarked, “I alone cannot shoulder the onus of this case. Decision was taken to constitute larger bench headed by chief justice of IHC Justice Muhammad Anwar Khan Kasi to hear the case. The other judges of larger bench will be Justice Shaukat Aziz Siddiqui and Justice Noorul Haq N Qureshi.” The court adjourned the hearing of the case till August 11.
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