ISLAMABAD:
A day after releasing a hard-hitting press release against the prime minister, the army has decided it will throw its weight behind the Supreme Court – which is embroiled in its own standoff with the government.
Top commanders who met with army chief General Ashfaq Parvez Kayani on Thursday appear to have their eyes set on the apex court to deal a decisive blow against the beleaguered incumbents.
The army chief held consultations with select corps commanders and principal staff officers to discuss the evolving situation at the General Headquarters (GHQ) in Rawalpindi – meetings for which there was no official statement from the Inter-Services Public Relations (ISPR).
However, military officials confirmed the long consultation sessions with top commanders over the army’s deepening rift with the government.
According to a military tations, the military decided that it will stand behind the Supreme Court, which has already warned the government that it could disqualify the prime minister if the government failed to take action on its verdict in the National Reconciliation Ordinance (NRO) cases by January 16.
The army will certainly consider assisting the judiciary if help was sought to implement the court’s decision, the official added requesting anonymity.
“The army will follow the legal course and if the Supreme Court directs the army for any assistance, we are legally bound to respond to that,” he said.
Article 190
The apex court has spelt out six options for itself to exercise in case the executive failed to implement the court order before January 16, the next date of hearing.
Legal experts believe that the Supreme Court can invoke Article 190 of the Constitution to ensure implementation of its verdict. The Article says that “all executive and judicial authorities in Pakistan shall act in aid of the Supreme Court.”
Some constitutional experts are of the view that the apex court may also seek the assistance of the military to implement its order under Article 190.
There has been an instance in the past when Justice Sajjad Ali Shah had written a letter to the then army chief Gen Jahangir Karamat, who served under Benazir Bhutto and Nawaz Sharif, seeking military help to provide security to the Supreme Court in view of a possible attack. However, Gen Karamat forwarded the letter to the defence ministry.
Justice Sajjad Ali Shah did not invoke Article 190, instead he wrote a letter in his administrative capacity, said Supreme Court lawyer Justice Tariq Mehmood. He argued that it was beyond his comprehension for the military to help in the implementation of Supreme Court verdicts.
“Will the military takeover the government affairs? Will they force the government to write a letter to Swiss authorities at gunpoint,” he asked rhetorically.
Another Supreme Court lawyer Justice Salman Akram Raja, who argued against the NRO, endorsed the view saying, “The army has nothing to do with this.”
But there are others who believe the army is bound to help the court if Article 190 is invoked.
Published in The Express Tribune, January 13th, 2012.
COMMENTS (50)
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@Ishtiaer hussain:
Well said Mr Ishtiar.
Assalam-o-Allaikum Warahmatullah.The more and more time PPP's government shall waste to resolve this issue by using delaying and useless tactics especially to secure and save leadership and creating conflicts and confrontations with the judiciary and army then the more and more chances of any mishap or military coup ant day any time shall rise.
If the army stuck to their job i.e. defending Pakistan, they probably might do a better job of it than they have in the past
It is nice that army is following the legal path.
Whether we call it army behind judiciary or call it judiciary behind army; it amounts to same thing. The stronger party army will get its way.
That is change historically in Pakistan judiciary behind the Army and we hope one day army will behind the parliament and parliament behind the judiciary. that is called magic of democracy.
As much as we love democracy, we can't afford a LootMart in the the centre and Ittefaq Superstore in Punjab. It's a Dillemma for GHQ. Damned if they do something; damned if they don't. Inaction could ruin the country. Action would destroy the system. May God show them the light. PMLN top guns in style. PPP top guns loot in-your-face. How much tolerance is the 4 star General is supposed to have????? Democracy must prevail. But what would you do if the country goes bankrupt and the people can't eat?
They should do what their job is---make sure no such incidents recursion of any Abbotabads or Mehran Gate, no killing of Saleem Shahzads. Period. Someone must remind them all such gestures amount to interference in affairs of the state beyond and above their limited job description. Moreover showing contempt to their civilian employers tentamounts to treason and they ought to know the consequences of mutinous behaviour while in uniform----if not-----I'll give them a quick 'refresher' one more time. If they don't mend their ways, heads would roll and it'd be their.
Pakistan needs a system of Checks and Balances . All the People who have the audacity to defend this Government's right to loot should get their heads check.
Some respect for the constitutionally elected Govt. would be appreciated!
The fact is that Pakistan has not been destroyed so far is because of its military. They have consistently been loyal. Their joining hands with judiciary to get rid of corrup politicians is a good and welcome step.
@Ishtiaer hussain: yes; i can tell u that Generals hav special genes, n they acquire it after giving life to hardwork,,, my dear, no one gives them power in Charity. threre are only two things,,, u dont have Army, or, when u have army, they cant b treated like Sui Gas Department,,,, HAVE FUN
Good News !! Army should stand behind the Judiciary and kick out these corrupt peoples. PPP , PML (N) , ANP , JUI - F , MQM , PML (Q)....
Very sensible, let the SC decide the final verdict on NRO and if they want Army to help them, let it be...
this time i am on the army's side
It's good to see the army is not preparing a coup. Off course some would argue that they are strangled in the other issues and can't handle this mess right now. But still the ppp's govt should have taken advantage of this and strengthen democracy not there bank accounts!!!!!!!!!! Please stop looting the country's money
It a good thing they now admire constitution . Wonder what took them so long to learn ?
Such statement is uncalled for. Pakistan never gained independence from colonial inheritance. The mindset and the boiling mental-pot have always been there against its own people. We have lost 64 years. Absolute majority of People have been and are still languishing at animal level. Still we do not blame ourselves. Main culprits are bureaucrats mainly those in uniform with slave and parochial mentality. Yet superior judiciary except the incumbent has done more harm than generals. They have betrayed their conscience, God, constitution and the people. Even though, present government is extremely inefficient and even corrupt- and Mr. Zardari is able to outmaneuver many a smart and is disliked accordingly , however, that does not justify to repeat the crime with full force or in a moderate manner. Wake up please! Rise to the occasion.
So finally the bully have taken refuge behind the bullied institution. I don;t know how the judiciary will act but it will have long impact in already a very turbulent history of Pakistan. I hope that the President,Prime Minister, Chief Justice and the Army Chief understands what each institution is meant for and act accordingly.
Another bouncer by the army to test the limits of each other.Sanity appears to be missing all over. God may save the country and the nation.
In the history of Pakistan this is the first time that we are feeling change... for better Pakistan. Now supreme court is independent, army is not considering coup, media is independent, corruption near to death and young generation is coming up for a new Pakistan.
Now army should stand in behind the support of supreme court and court should capture corrupt politicians, dis-qualify current prime minister and president and order for new fair & free general elections before senate elections, also army must support for the surety of fair & free elections.
@Ishtiaer hussain
"to some extent, the politicians"
you got to be kidding. Dont be emotional. As far as matter of journalists is concerned, Pakistan is among the countries of highest killing rate of journalists.
sensible decision by the army!
It would have been great for army to seek guidance from the apex court on submitting ones replies in individual capacities. As such there should not be any question on it but let it be spoken loudly in interpreting the law. In this way the army will not only gain respect but also a space at people's heart which it almost lost during its role in fighting a controversial war. Let it be a precedent for all Govt. official to act in the aid of Supreme court.
The Army should not become a party in the ongoing politics in the country.
Let the Supreme Court decide the fate of the cases and the government is bound to obey the orders of the Supreme Court.
It is not a matter of Executive or the Judiciary, but it is matter of the principles and how to put the wrong things right.
army commanders need to be educated they are unaccountable to the people and can never be the executive. only parliament, in its full deficient glory can take that role.
if they want to be executive, let them contest in the forthcoming elections.
It is an open secret that our Generals are indulging in politics. This is against their oath. I wonder if Supreme Court has the guts to take notice of this grave violation.
That's More Like It !!
our army had no plan in 1948 for Kashmir, lost Siachen, lost east Pakistan, lost war to surprise in 65, failed in Kargil, sheltered Osama, slept through Merhan base attack, could not protect its airspace.
Now we the people need to repeat how many time it planned and successfully captured Islamabad?
Once again they are planning capture of islamabad!
The Army should stand by the Judiciary for the enforcement of law in Pakistan .Good decision
Pakistan might be the only democracy in the world with little control over its army.
The forces are supposed to be under the civil government and their stance truly shows that they are abive law. I fully enodrse the views of Ishtiaer hussain. God save this country.
It is so amazing that given a choice between the constitution and democracy, the constitution is being chosen. However if democracy is given a go by then of what value is the constitution ?
Pakistan public is so blind in its dislike of the present government that they are ready to give thier own freedom.
Democracy is not for Pakistan, it cannot flourish there, if the army does not prevent it, then the courts will prevent it, and if the courts do not prevent it, then the people will prevent it
Be good boys & keep quiet
Whether the Army is throwing its weight behind the Judiciary or the Judiciary throwing its weight behind the Army is debatable. Who cares for the Constitution ?
Judicial coup on its way.......
Great News
The stage is set.....
We have tried everything else... it is time to support the rule of Law.
at Last
" . . . if the Supreme Court directs the army for any assistance, we are legally bound to respond to that "
Dear Mr. Kayani, does the same apply in Missing Persons case ?
i m sick of this news etc gov should be kicked out on 16th enuff of this derama
Now we are getting some where with democracy, looks like the institution a.k.a Judiciary has been strengthened :)
Bring back all the looted money asap!!!
The Government wants to be overthrown. They have made a mess of things in the country from which it can't get out. If the military hands them any kind of punishment, they will play the oppressed to get people's sympathies.
this should have been the army stance right from the beginning when the scp took up the nro case....anyway its never late to be correct yourself.
Judiciary helped military thrice in the past now its time for military to help judiciary,
i appreciate army isnt going for the coup which PPP wants now so badly