ISLAMABAD: A petition has been filed in the Islamabad High Court (IHC) seeking disqualification of Mehmood Khan Achakzai and initiation of high treason proceedings against him.
In an interview with an Afghan daily, the Pakhtunkhwa Milli Awami Party chief had said that Afghan refugees could live in Khyber-Pakhtunkhwa (K-P) as it “belonged to Afghanistan and he would not allow anyone to harass the Afghan refugees”.
While challenging his membership of the National Assembly, petitioner, Sardar Malik Aman, through his counsel Mian Ahmed Khan has requested the high court to disqualify Achakzai from holding the office under Article 62 and 63 of the constitution.
The petitioner has made Achakzai, the National Assembly speaker, the Election Commission of Pakistan and secretaries of the Cabinet Division, the Ministry of Law and Parliamentary Affairs and the Ministry of Interior as respondents.
The petitioner has also sought court’s direction for the respondents to initiate legal proceedings against Achakzai.
While referring to Achakzai’s remarks, the petitioner said that the respondents had failed in their constitutional and legal duties.
The petitioner said that the crux of the statement was that “some parts of Pakistan especially in K-P were originally part of Afghanistan and despite the creation of Pakistan, we continue to be citizens of Afghanistan”.
He said that none of the respondents took notice of Achakzai’s statement who had defied the constitution.
The petitioner argued that Achkzai’s statement clearly defied his oath of office who attempted to abrogate and subvert the constitution and had given a statement against the federation of Pakistan.
The petitioner said that “Achakzai has not only breached his office oath but also defied the constitution and it cannot be said that he bears allegiance to the state.”
He said that Achakzai “is no longer qualified to remain member of the National Assembly”. The petitioner added that the National Assembly speaker and the election commission were required under the law to act on their legal duties and disqualify Achakzai, while the other respondents were required to proceed against him under Article 6.
He has prayed before the court to declare that Achakzai was not qualified to hold the office and he should be tried under high treason charges.
Published in The Express Tribune, July 12th, 2016.
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