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Imposition of Article 245 challenged in IHC




ISLAMABAD: The government’s decision to call in army in aid to civil administration in Islamabad has been challenged in the Islamabad High Court (IHC). Shahid Orakzai has petitioned that the federal cabinet was not entitled to give any advice to the president in respect of Article 245 of the constitution in the absence of the prime minister, nor the prime minister could delegate this obligation to any federal minister under Article 90 of the constitution. The petitioner further said that no cabinet meeting had been held during the absence of Prime Minister Nawaz Sharif from the country for calling in army nor could the advice given to the president in his absence be considered cabinet advice under Article 48 of the constitution. The petitioner prayed the court to stay the operation of the federal government’s orders being ultra-constitutional and aimed at tainting the non-political role of Armed Forces with immediate effect. 

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