............Constitution of Pakistan......article 245...ARMY IN ISLAMABAD...... Functions of Armed Forces. 650[(1)] 650 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. 651[ (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 Forces 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. ...................................................................................................................... 1..In clause 2 Federal Government can not be challenged in any court of justice.... 2..The same constitutional cover is not given to the Armed forces...in case of any loss of human life or property due to Military action.... 3...Law do gives some coverage to the Armed forces but do not provide complete blanket to the military action...as it covers politician/law makers in the clause 2.. 4..DEFINITION of SELF PROTRACTION.....in civil law it is just to injure the lower part of the body..not killing.....killing means big problem for law enforcement agency..... ARMED FORCES ARE TRAINED ON THE PRINCIPAL OF....SHOOT TO KILL... NUMBER OF BULLETS FIRED MUST BE EQUAL TO THE NUMBER OF DEAD BODIES.....TOTALLY AGAINST THE DEFINITION OF SELF PROTRACTION IN CIVIL LAW..... I WANT TO KNOW HOW LOSS OF HUMAN LIFE WILL BE COVERED DUE TO MILITARY ACTION IN ISLAMABAD if such sad incident takes place?????? IF ANY CASE OF SUCH NATURE CHALLENGED IN THE SUPREME COURT AFTER THE EXPIRY OF 245 DURATION......JUDGE WILL DECIDE IN THE LIGHT OF CIVIL LAW.....NOT ON THE LINES OF ARMED FORCES TRAINING... NOTE...putting a new idea in soldiers mind at this stage will not be fruitful rather dangerous...soldiers will get confused.... THIS DIFFERENCE OF THOUGHT(professional requirement of army) AND CIVIL LAW MAY CREATE MORE CRISES THAN THE BENEFIT OF ARTICLE 245... I STRONGLY RECOMMEND CLAUSE 2 TO THE ARTICLE 245 MUST INCLUDE COMPLETE MILITARY ACTION AS WELL....ARMED FORCES SHOULD ALSO HAVE THE SAME COVER WHICH LAW MAKERS LIKE FOR THEMSELVES... WHY THIS DIFFERENCE EXISTS IN THE CONSTITUTION ????? NEEDS AMENDMENT IN THE CONSTITUTION....FOR PEACEFUL RESULTS...
Posted on: Sat, 26 Jul 2014 07:01:28 +0000
Trending Topics
Recently Viewed Topics
© 2015