- Functions of Armed Forces.- 1[(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.]
_____________________________________________________________________ Footnotes:
- Section 4 of the Constitution (Seventh Amendment) Act, 1977, (23 of 1977), renumbered Art. 245 as 245(1) and added clauses 2, 3 and 4 thereto (w.e.f. April 21, 1977).
Comparative Table of Article 245 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
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Constitution of Pakistan 1956 :
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Constitution of India 1950:
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Government of India Act 1935:
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Leading & Latest Cases on Article 245 of the Constitution of Pakistan, 1973:
P L D 1977 LAHORE 846
DARVESH M. ARBEY
FEDERATION OF PAKISTAN AND OTHERS
P L D 1980 LAHORE 206
DARWESH M. ARBEY
FEDERATION OF PAKISTAN AND OTHERS
P L D 1991 KARACHI 1
KHALID MALIK AND OTHERS
FEDERATION OF PAKISTAN AND OTHERS
P L D 1999 SC 46 SHAHID ORAKZAI Mian MUHAMMAD NAWAZ SHARIF, PRIME MINISTER OF PAKISTAN AND OTHERS
P L D 1999 SC 504 SH. LIAQUAT HUSSAIN AND OTHERS FEDERATION OF PAKISTAN through Ministry of Law, Justice and Parliament
P L D 2009 SC 879
SINDH HIGH COURT BAR ASSOCIATION THROUGH ITS SECRETARY AND ANOTHER
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF LAW AND JUSTICE
P L D 2013 SC 1 AIR MARSHAL (RETD.) MUHAMMAD ASGHAR KHAN GENERAL (RETD.) MIRZA ASLAM BAIG, FORMER CHIEF OF ARMY STAFF AND OTHER