SC registrar returns Imran’s plea with objections

ISLAMABAD: The Registrar’s Office of the Supreme Court on Tuesday returned with objections a petition filed by Chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan, seeking a declaration of the trial of civilians under the Army Act 1952 as unconstitutional, void and of no legal effect. PTI Chairman Imran Khan had filed the petition under Article 184(3) of the Constitution in the apex court, making the Federation of Pakistan through the Ministry of Interior and others as respondents. He had prayed the apex court to constitute a Judicial Commission to probe into May 9-10, 2023 incidents, calling armed forces in the provinces of Punjab, Balochistan, Khyber Pakhtunkhwa and Islamabad, and the trial of civilians in peacetime under the Army Act, 1952 and dismantling of PTI through forcible quitting of party membership as unconstitutional, void and of no legal effect. The Registrar’s office of the apex court returned the petition for not being maintainable and said that the petitioner had not pointed out to what questions of public importance in the instant case were involved with reference to enforcement of any of the fundamental rights, so as to directly invoke jurisdiction of the Supreme Court under Article 184(3) of the Constitution. It was further objected that the ingredients for invoking extraordinary jurisdiction of this Court under Article 184(3) of the Constitution have not been satisfied.

Similarly, the Registrar’s office stated that the notice issued to the respondent was not properly drawn as it was neither mentioned therein for what purpose this constitutional petition was being filed before this court nor a copy of the petition had been provided to the respondents.

“The petitioner has not approached any other appropriate forum available under the law for the same relief and has also not provided any justification for not doing so,” the Registrar’s office added. It further objected that the certificate provided on page 39 of this Constitution Petition does not fulfil the requirements of Rule 6 of Order XXV of the Supreme Court Rules, 1980.

Likewise, the Registrar’s office stated that the prime minister, foreign minister, chief minister Punjab and chief minister Khyber Pakhtunkhwa have been impleaded as respondents No2, 6 and 9-10 but they cannot be impleaded as a party under Article 248 of the Constitution of Islamic Republic of Pakistan. It was further stated that misconceiving multifarious prayers have been made in one constitutional petition.