Chief Justice Iftikhar Muhammad Chaudhry sought a written reply from the government and directed Attorney General Maulvi Anwarul Haq to submit it to the court.
Chief justice adjourned the hearing for two weeks.
AG Haq was issued a notice by the Supreme Court to appear before the court and present the government's stance on the matter.
Earlier, another petition was filed in the Islamabad High Court by Advocate Maulvi Iqbal Haider, requesting that the president and prime minister be restrained from taking any action against the army and intelligence chiefs by issuing an adverse notification against them until a final decision on his writ petition had been taken.
COMMENTS (16)
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@Sehr.Siddiqui:
You are talking of a different situation. At least read the news before commenting on it. Firing of Military Chief is the right of PN if he so wishes that’s what civilian supremacy implies.
Why has the govt not fired them as yet? They should have been gone with OBL! This is the biggest fault of the elected govt and HH to stick with the generals after May 2.
@A. Z. Khan:
It is an intervention. It is chief execute decision to keep or fire military chief as he likes. He does not need to give explanation to anyone. The order was simply over interfering in government’s work and to civil government’s writ weak.
@Sindhvoice:
The Supreme Court's agenda is to deal with political cases no time for other cases.
Discretion and prerogative in the official discharge of duties is never absolute as is commonly believed. For example choosing a matriculate to Head OGDC can not ignored under the garb of discretion. Putting up a Sugar Mills in Quetta where you do not have sugar cane is not a matter of discretion. Discretion and prerogative are invoked when you have to chose one out several exactly equal choices.
Government should not forget that such acts can initiate newton third law of motion.
@A. Z. Khan. Now don't even know what to think. What is right what is wrong. And I'm not alone. There are millions like me im pretty sure. We are all writing comments about things we don't know anything about. I give up.
I fully endorse that no body is above law and every body should follow the law. I wish those who preach it, practice it as well. Illegal appointments by President ad Prime minister have done a havoc to this country. Did they follow the law in their affairs.
After blunders like, GHQ attack, PNS Mehran, OBL and Salala, even in Somalia such Generals would have been fired.
If Defence secy can be sacked for some reason than why these 2 be treated in similar manner. However DG ISI is the only sincere Pak general who is not being black mailed by others.
@Sindhvoice: This is not a suo moto notice. This comes in reference to a petition filed before the SC and hence this is not an example of intervention. Please get your facts straight.
Let every institution work as per their requirement with in the parameter of law
Which kind of country do we live in.... where Generals need protection of SC for job? And SC help Generals to keep judges job save.
why such explaination is sought? is person or position important?
It is purely administrative process and that is sole prerogative of Executive. There is no logic for SC to stretch its arm to control executive powers. Pls respect the boundary limits, no over stretching please.