The petitioners contended that as there was no sign of failure of the civil administration, the government could not call out the army in aid to civil law enforcement agencies. During the course of proceedings, Justice Siddiqui forwarded the matter to Chief Justice IHC, Justice Muhammad Anwar Khan Kasi, urging him to form a larger bench to hear the matter. Justice Siddiqui said that the issue is of sensitive nature, so it should be heard by a larger bench
Besides, the bench directed the IHC registrar's office to receive petitions filed under Article 199 of the constitution. Sheikh Ahsan Uddin, the counsel for the IBA, contended that there was no reason that can justify the enforcement of Article 245 in Islamabad, adding that the notification did not mention any concrete reasons for calling in army to assist civil law enforcement agencies. He requested the court to immediately suspend the said notification.
The petitioner pleaded that the decision of invoking Article 245 needs to be taken by Prime Minister Nawaz Sharif or approved, at least, by the cabinet or presented in Parliament, adding thus the government decision on the issue is without any lawful justification/authority. The petition stated the government took an extreme step by calling in troops in the capital for three months. Earlier, the Interior Ministry, through a notification on July 24 invoked Article 245 in the federal capital territory for three months.
Article 245 says: (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 Forced 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.