SC admits plea against removal of Kayani, Pasha

CJ asks AG to take directives from the government on maintainability of the petition.


Azam Khan February 07, 2012

ISLAMABAD: The Supreme Court on Tuesday admitted a petition asking the court to stop the sacking of Chief of Army Staff General Ashfaq Parvez Kayani and Director-General Inter-Services Intelligence Chief Shuja Ahmed Pasha for regular hearing.

Hearing the petition filed by lawyer Fazal Karim Butt, Chief Justice Iftikhar Muhammad Chaudhry observed that a judicial bench will be constituted to hear the plea.

Rebuffing the registrar’s earlier objection on the the petition’s maintainability, the chief justice said that the registrar “cannot raise such objections.”

The chief justice asked Attorney General Maulvi Anwarul Haq to take directives from the government and inform the court if the government had any reservations on the plea. AG Haq replied to the court saying that the court can admit the petition for regular hearing as per its rules and if the government has any reservations on the maintainability of the petition, it will be informed to the court.

The Supreme Court directed the registrar to present the plea to a judicial bench.

Chief Justice Chaudhry also remarked that the petition could be heard in a chamber, but that the court wanted to keep the public aware of the court’s proceedings in the case.

In the last hearing, the government had told the Supreme Court that it had no intention of sacking the army and ISI chiefs for their ‘unconstitutional and illegal’ replies in the Memogate hearing.

Butt had based his petition on media reports that the government was planning to sack General Kayani and Lt General Pasha over their stance in the Memogate scandal. In Butt’s view, the court would have to ‘restrain’ the government to protect the military heads.

However, the AG had dismissed the claims as media speculation.

COMMENTS (31)

Raza | 12 years ago | Reply

It is high time that the CJ of Pakistan understands that he has no role to play in the duties of the government. If the government decides to remove either Pasha or Kayani, it is constitutionally allowed to do it! The Chief Justice is becoming more of a dictator day by day with his acts of, as mentioned by another commenter "judicial interference."

This is a humble message to the Chief Justice: instead of doing the job of the government, why not look at issues which are actually under your constitutional mandate, for example aiding in the appointments of members of the higher judiciary; the Sindh High Court is working with 12 judges even though it should be working with 40!

I hope the CJ is not given another extension as is being planned. That would be a bad move on part of the government.

Pakistani1414918 | 12 years ago | Reply

Still it's the best thing because it's constitutional to fight battles in court whereas the army sacking the civilian government would be unconstitutional. Let the courts deal with this issue. And let them carry out any appropriate prosecutions legally endorsed by the law.

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