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Defence Secretary's removal challenged in court

Published: January 12, 2012

Prime Minister Yousaf Raza Gilani had sacked Lodhi against the 'rules of business', says petitioner. PHOTO: INP

LAHORE: A petition was filed in the Lahore High Court (LHC) on Thursday challenging the removal of Lt Gen (Retd) Naeem Khalid Lodhi from the post of Defence Secretary.

Prime Minister Yousaf Raza Gilani had sacked Lodhi on Wednesday, claiming that he acted illegally, causing a rift between the government and the military and accused him of misconduct.

Advocate Muhammad Azhar Siddique filed the petition and stated that Lodhi’s removal was based on malafide intentions and was an attempt to create conflict between the institutions.

He stated that Lodhi was removed without being given any show cause notice and an opportunity to defend himself.

Siddique also stated that issuance of show cause notice to government employees is mandatory and the government had failed to fulfil this requirement.

Terming Lodhi’s removal an action against the principles of justice, Siddique said it was an attempt to undermine the sovereignty and integrity of Pakistan.

The petitioner contended that the government had taken this step just to create hurdles for implementation of Supreme Court orders.

Reader Comments (17)

  • Imran
    Jan 12, 2012 - 10:42PM

    And LHC admitted the petition? What a joke courts have been turned into!

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  • Allah Rukha
    Jan 12, 2012 - 11:57PM

    How come a PM can fire former 3-star general without any chance of defending himself ?

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  • Farhan Khan
    Jan 13, 2012 - 12:42AM

    Well, the PM has already said that THE SACKED was given opportunity to explain things regarding allegations on him. He was sacked according to RULES.
    Even if thats not true, Let the victim apply for himself. To me, this petition is just an attempt to get FAME.

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  • Javed
    Jan 13, 2012 - 2:17AM

    @Allah Rukha:
    “How come a PM can fire former 3-star general without any chance of defending himself ? “

    In any other country in the world it would be normal. He was a general and that too a retired one. So what’s the big deal.

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  • Umar
    Jan 13, 2012 - 2:37AM

    @Allah Rukha:
    His stars do not matter now, all it matters if his firing was within the rules.

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  • Eyes wide shut
    Jan 13, 2012 - 4:17AM

    @Allah Rukha:
    I don’t get your logic. Defense Secretary is a civilian post.

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  • Usman
    Jan 13, 2012 - 4:56AM

    I am glad this petition was submitted. The Prime Minister made a blatant effort to invoke a response from the military and create a clash in institutions showing no regard for the state and later tried to portray himself as a victim.

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  • proudpakistani
    Jan 13, 2012 - 5:29AM

    whats wrong with this country? I am getting so fed up with this court! First, these pco judges currently sitting in the ourt were appointed by musharaff after a coup! secondly, GILLANI IS A PM! He can fire who he likes, especially someone who doesn’t respect him! He’s the executive for god sake! Army is under him. People, wake up!

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  • Ashraf P
    Jan 13, 2012 - 7:58AM

    The PM has every right to remove any person working under him. There is no need for an explanation.Recommend

  • Jan 13, 2012 - 9:29AM

    To day’s front page news item “Army set to throw its weight behind judiciary which is embroiled in it’s own stand off with the government” Great unique army of the world that throws its weight against its own master – the constitutional government of the day in the country. What can one say except watch with wonder and awe.

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  • Noor
    Jan 13, 2012 - 9:54AM

    Maybe one fine day, if things are made public, we would know that it were the foreign powers who could not see the Civil & Military people get united on the issues pertaining Salala attack, etc and hence used their back channels to create rift between these institutions.

    What a shame that we are so sane that we always leave our back channel diplomatic channels to be used for rifts.

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  • Noor
    Jan 13, 2012 - 9:57AM

    It is personal grievances & not national interests that resulted in hasty decisions, to be repented upon later.

    Can’t we see the example of Hazrat Khalid bin Waleed, who was removed as the Army Chief & asked to fight as a common soldier, and he had not displayed his EGO or something like that?

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  • butt jee
    Jan 13, 2012 - 6:10PM

    Sacking is alright but it has not been done in good faith. No doubt the Prime Minister has the powers to sack but under the law he has to use his powers in good faith. In this case his action is base on ill intentions. In order to save some one who was involved in anti state Memogate scandal, the PM is bent upon destroying all the institutions.

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  • nnk
    Jan 14, 2012 - 9:48PM

    @Ashraf P:
    Yes, and also appoint anyone according to his personal whims and desires, by-passing all rules of business and procedures laid down! Hope some sanity dawns on us as a nation.

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  • What next
    Jan 15, 2012 - 6:57AM

    Amazing dictatorial corrupt democracy given too much power to control and destroy!!

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  • JJ
    Jan 15, 2012 - 7:36AM

    Must be challenged in court with full force in the spirit of democracy . . . .if there is any democracy. The public trust in the court system must be upheld!

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  • Jan 16, 2012 - 6:08PM

    reading all the comments up to 16th. evening, it is clear that majority comments are in favour of the army. it reflects that people are yet not ready to accept civil authority over all other institutions of the country – as per norms of the democracy. well if that be so the will of people will finally prevail and a government under the thumb of military will be installed. all failures will be assigned to the civil authority and army will enjoy its supremacy as ever. good luck and best wishes to people of Pakistan.

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