PNS Mehran petition: SHC puts president, service chiefs on notice

Questions different assessments of the number of attackers.

Express August 24, 2011

KARACHI: Notices were ordered to be issued to the president of Pakistan, who is the supreme commander of the armed forces, the prime minister and chiefs of intelligence  agencies and armed forces in a constitutional petition seeking the court’s involvement in investigating the Mehran naval base attack.

Earlier, a division bench of the Sindh High Court (SHC) comprising Chief Justice Musheer Alam and Justice Imam Bux Baloch heard brief arguments by petitioner Haji Gul, who said that both the ideological and physical boundaries of Pakistan are under attack and the government, instead of bringing facts to light, is trying to brush everything under the carpet.

If the incident of the Mehran base attack, in which  some of the country’s assets were destroyed, is ignored, irreparable loss would be caused as our national security would be compromised.

The bench then ordered notices to be issued to all respondents for an unspecified date.

The petition raises questions about the number of attackers, as the federal interior minister put their figures at six with four killed
and two fleeing after the attack.

The chief of naval staff, however, gave another number and furthermore, in the FIR of the incident, the number of attackers was stated to be a dozen. If the attackers fled, then it should be a cause of concern for the entire conglomerate of intelligence agencies and law enforcers as to how an attacker broke through their cordon and sneaked out after a successful attack which resulted in the loss of two PC Orion aircraft and the credibility to defend sensitive installations, the petitioner stated.

He said that according to initial investigations it came to the fore that the suicide mission attackers entered PNS Mehran from the PAF base next door and thus they were also responsible for the security lapse.

With this state of alertness, if Pakistan is attacked by an enemy, the response from our defenders would be anybody’s guess, the petitioner said, requesting the court to order a full-scale reinvestigation.

Published in The Express Tribune, August 24th,  2011.


basharat | 12 years ago | Reply

Pakistan Army, Air Force, and Pakistan Navy, are not subordinate to high courts and they are not accountable to any court for their professional acts or omissions. It is a wrong notion, prevalent in Pakistan, that the superior courts have unlimited discretion freely to interfere into domain of other organs of the state, these are subject to the constitution and law. Issue of notices to the President and the Prime Minister, as has been done in the instant case is very unusual precedent. It is prerogative of Prime minister to order inquiry in such occurrences. The President, has immunity under Article 248 ( 2 ) . The practice to belittle president and the Prime Minister has become a fashion now a day, the attitude is highly unpleasant.

the constitution and law. Issuing of notice to the President and the Prime Minister is very unusual. It is prerogative of the central government to order an inquiry into such occurrences. The president has immunity under Article 248 ( 2 ) . The practice to belittle the President and the prime minister has become a fashion these days, the attitude is unpleasant.

TightDhoti | 12 years ago | Reply

The President and PM! Drag them to court! But this judge must be very unpatrioritc as he does not appreciate the sacrifices of the services cheifs!

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