Decision taken to constitute IHC larger bench to hear petition filed against invocation of article 245

ISLAMABAD- Islamabad High Court (IHC) has decided to constitute larger bench to hear the petition filed by Islamabad District Bar (IDB) against issuance of notification on invocation of article 245 in Islamabad.

A single bench of IHC comprising Justice Shaukat Aziz Siddiqui took up IDB petition for hearing today. DBR president Nasir Ahmad Kiani, Syed Nayab Hassan Gardezi, Niaz Ullah Niazi, advocate Shabbir Ahmad Bhutta and Sheikh Ahsan ud Din member Punjab Bar Council appeared in the court. Additional Attorney General (AAG) Tariq Mehmood Khokhar represented the federation in the court.

Counsel for federation told the court article 245 was enforced on July, 28, 2014 under which powers were given to army for maintaining law and order situation in Islamabad.

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 Ahsan ud Din, counsel for petitioner told the court government has called in  army in Islamabad under article 245 of the constitution The notification issued by government for invoking article 245 has no constitutional standing nor can the army be called  in Islamabad. Therefore, the court should suspend this notification.

Justice Shaukat Aziz Siddiqui remarked “I cannot alone 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 Noor ul Haq N Qureshi.

The court adjourned the hearing of the case till August 11, 2014.

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