ISLAMABAD: While reacting to Pakistan Tehreek-e-Insaf’s protest on November 2 in Islamabad, Supreme Court Bar Association (SCBA) President Barrister Syed Ali Zafar said that it is apparent that the government has already panicked and issued a notification under Article 245 of the Constitution calling the Armed Forces in aid of civil power.
He said that there is no doubt that the Government has the legal right to call the Armed Forces of Pakistan but this power is to be exercised with utmost caution and as a last resort only and only when, as a matter of fact, the police and civil authorities have actually failed to control riots and life and public property is at stake.
Through a press statement, he said that such a situation has not yet arisen, however, under the law the Government can also take such an action as a preemptive step in case it has credible and clear information that the protest will be violent.
But, he added, if that was the case then, before issuing the notification, the Government should have disclosed the information to the public. “The government’s notification is based on an anticipated presumption. Therefore, this is a premature action by the government and prima facie unconstitutional,” he said.
He further said that the Armed Forces of Pakistan cannot and should not be used to control protests, which is the job of the police and civil authorities, and certainly they cannot be expected to use any physical force against its own people. Protests do not pose any danger to democracy but are a part of it. The Armed Forces of Pakistan, at present, are very seriously concerned about national security and the government, political parties and public must do much more, both domestically and in international relations to support them without hesitation in the fight against terrorism and any covert or overt external aggression, he further said.
He said that National Security Council should be established and made operational by law and under the Constitution. He also called upon the Government to rebuild confidence that it is capable of handling matters of Pakistan’s security because in the aftermath of the episode in which false information was leaked in an attempt to damage national interest, there is now a dire and immediate need for trust building measures.
Commenting upon the directions of the Islamabad High Court (IHC), Barrister Zafar said that it is not the duty or obligation of the courts to control law and order but rather the responsibility of the government and administration. “The involvement of the courts in such matters could lead to difficulties if the public choose to defy court orders or the government misuses its authority in an over enthusiastic reliance of court orders,” he emphasised.
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