ISLAMABAD/KARACHI: The Pakistan Tehreek-e-Insaf (PTI) has approached the Supreme Court seeking the disqualification of Prime Minister Nawaz Sharif under Article 62-F of the Constitution.
The petition was moved by PTI senior leader Ishaq Khan Khakwani under Article 184 (3) of the Constitution. PM Nawaz Sharif and the Election Commission of Pakistan (ECP) have been listed as respondents.
PTI attorney Irfan Qadir prayed the court to disqualify the PM from being a Member of the National Assembly as he gave a ‘false statement’ in the National Assembly. The petition stated that the PM asked the army chief to act as mediator between government, Imran Khan and Tahir ul Qadri and serve as guarantor to any agreement.
“The army chief agreed and met both leaders, who insisted that they would not back off from their demand for Nawaz Sharif’s resignation. At this juncture, Nawaz Sharif felt that his plan had not only failed but his move was also not welcomed by certain political quarters. He therefore denied his earlier statement in a session of the National Assembly with the view to malign and damage the fair image of the Army Chief in violation of article 62 [g] by conveying to the people of Pakistan that Army Chief was dealing with such issues without any desire of the Government whereas the fact of the matter is that the army spokesman confirmed that the government had asked the Chief of Army Staff to do so,” the petition states.
It is to be noted that Article 62 (f) says that a person shall not be qualified to be elected or chosen as a member of Parliament unless he is ‘sagacious, righteous, non-profligate, honest and ameen’, there being no declaration to the contrary by a court of law.
The petitioner contended that Nawaz Sharif stands disqualified in view of the dictum laid down by the Supreme Court in the case relating to disqualification of former Prime Minister Yusuf Raza Gilani wherein court had directed the Election Commission of Pakistan to de-notify PM Gilani from the Membership of the National Assembly of Pakistan.
Similarly, the Sindh High Court (SHC) on Monday issued a notice to the top federal law officer for comments on a petition seeking the disqualification of Prime Minister Nawaz Sharif and Interior Minister Chaudhry Nisar Ali Khan for allegedly making false statements on the floor of the National Assembly.
A division bench headed by Justice Aqeel Ahmed Abbasi directed the attorney general to file such comments by Tuesday (today). The bench was hearing a petition filed by Moulvi Iqbal Haider and Maqsood Ahmed, who named the secretaries of law, justice and parliamentary affairs ministries, the premier, the interior minister, the director general Inter-Services Press Relations (ISPR), the secretary National Assembly, secretary interior, deputy commissioner Islamabad and IG Islamabad police as respondents.
The petitioners alleged that the interior minister stated on the floor of the assembly that the government did not ask the army to play a role in resolving the political stalemate. Minutes later, ISPR issued a statement clarifying that the COAS was asked to play a ‘facilitative’ role.
The petitioners argued that the premier and interior minister have no right to retain their offices as they are disqualified under Article 62 and 63 since they lied on the Assembly floor. “They have attempted to disgrace and defame the top security institution,” the petitioner added.
After hearing initial arguments, the bench issued a notice to the attorney general to file comments in this regard today.
Published in The Express Tribune, September 2nd, 2014.
COMMENTS (7)
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What about your instigation of violence against the state. On one hand you tell yor workers to move forward and upon realization of consequences, IK back tracks. The state is within its right to use force if protestors defy limits set by the state. Both Ik And TUQ should be charged and punished to the maximum extent of the law. Speeches about doing good doesnt mean you are sincere with the country. If you were one bit sincere IK would have let go of his ego and personal agenda against NS and not hold thw country hostage. Shame on you IK.
Now everyone can appreciate PTI resorting to legal course rather than protesting on roads, but the fact of matter remains they will not get justice for this or any other petition against PML-N. This is the kind of democracy we have and IK was trying to fight out the Status Quo to restore real democracy. Many may not fully agree with the way IK is fighting against status quo but let me assure you there is NO OTHER WAY.
1) Both Imran Khan & Tahir ul-Qadri never enjoyed popular support of the Pakistani Voter. 2) Their Baton-wielding supporters fighting on streets with the Police are ample evidence that they are hellbent on creating Anarchy in Pakistan so that the Army may take over the government, yet again! 3) Are they hoping they could enjoy power through proxy, as they enjoy Army's support? 4) I hope that Pakistani Parliament would condemn the Anarchy created on the roads and support the Democratically elected govt. and respect the Judgement of Supreme Court of Pakistan on the present petition. 5) I also hope, sincerely, Pakistani Army shall respect the wisdom of Parliamentary Democracy and support Nawaz Sharif, in his fight against the Anarchy.
No conscientious human, particularly a Pakistani, can remain emotionally untouched after watching the unexampled spirit of the participants of Islamabad civil and human rights movement. LOVE YOU ALL!
After the calculated and indiscriminate manslaughter of civilians in Lahore and later in Islamabad, this despotic, primitive, retarded and violent leadership should be compelled to lay down their offices. FULL STOP
Ch Nisar seems to be giving a damn to a mobile phone stolen from a lady at PTV however no shame on killing the protestors. Such people should not only be disqualified but hanged at a public place so that future leaders of the country can not think of going this far to save their democracy. This is a democratic country dammit.
After killing and injuring innocent unarmed protestors including women in model town Lahore and Islamabad , as a politically neutral person, I think it is now justified to ask the PML-N leadership to resign for the sake of Pakistan's peace. If this administration remains in power they will continue to brutally crush other protests which is the basic democratic right of people given by the constitution of Pakistan.
A very relevant petition.