LAHORE: Digging in its heels, the Pakistan Peoples Party has thrown down the gauntlet.
Sardar Latif Khosa, the governor of Punjab and a confidante of President Asif Zardari, says they will only act upon the recommendations of the ‘supreme body’ – the Parliamentary Committee on National Security.
At a news conference on Friday, a defiant Khosa said that his party would launch a “movement to save the federation” – Wafaq Bachao Tehreek – in protest against the apex court for ‘overlooking’ the government’s decision that a parliamentary committee would investigate the memogate issue.
On Thursday, PML-N chief Nawaz Sharif succeeded in thrusting the memogate affair into the spotlight as he and his party members dubbed parliament a failure before a nine-member larger bench of the apex court.
In this regard, the Supreme Court ordered that a commission, headed by retired bureaucrat Tariq Khosa, be formed to investigate the matter.
Chief Justice Iftikhar Mohammad Chaudhry also said that all parties named in the petition must present their evidence in order for the memogate scandal to be investigated.
However, Governor Khosa said the PPP “does not have belief” in the ruling that concerned the formation of the commission and, therefore, there is no need for it to issue a reply to the Supreme Court.
The governor said that even though the prime minister had assigned the committee to probe memogate, the Supreme Court ‘unfortunately’ issued its own verdict. The PPP, he said, considers that the powers of the federation have been curtailed.
The Punjab governor clarified his party’s stance by referring to the Commission of Inquiry Act 1956, explaining that only the chief executive or the executive can ask the chief justice to form a commission for the purpose of probing a matter of national interest.
He added that the court, in the first place, should not have entertained the petition as the memo was unsigned and under Pakistani law, such material is not considered for investigation.
‘PML-N, perpetrators of conspiracy’
Governor Khosa lashed out at the PML-N leadership, calling them “perpetrators of conspiracy” against President Asif Ali Zardari. He added that his party will hold public meetings at district levels to unmask the ‘real face’ behind ‘the conspiracy’.
He said the PPP understands the memogate as representing a conspiracy similar to the one that had been hatched against Zulfikar Ali Bhutto.
He said that being the constitutional head of the province, he had to highlight the conspiracies against “another Sindhi head of state” by the Sharifs. He added that Sindh is “exhausted” in having to collect and receive dead bodies from Punjab.
‘NRO has automatically resumed’
While talking to The Express Tribune, the Punjab governor categorically stated that the government does not intend to write to the Swiss courts to open cases against President Zardari as the PPP considers that the NRO cases have” automatically resumed”. He said that cases against Zardari, Benazir and Nusrat Bhutto have already been decided, in which they have been exonerated.
Published in The Express Tribune, December 3rd, 2011.
COMMENTS (23)
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?? Rafi
I have referred to Commission of Inquiry Act 1956, which mentions the procedure for appointment of Commission. Baber Awan, who, like Aitzaz Ahsan is advocate Supreme court vehemently contended that authority to appoint a commission lies only with the Executive. Article 175 (2) appears to apply in the present situation, it states; "No court shall have jurisdiction save as is or may be conferred on it by the constitution or under any law". It is pertinent to mention that the Supreme Court, in its Order, has not referred to any law in this regard. People who contend that the Supreme Court has power to appoint Commission for Inquiry, they are requested to refer it in this space.
Wow..........a Partisan Governor making statements on his masters's behalf!
why none of my comments appear on the site?Any technical issue or intentional cesuring?
Please note the following news extract:
Former President of Supreme Court Bar Association and PPP leader Chaudhry Aitzaz Ahsan has said the Supreme Court has the authority to constitute any commission, adding that the verdict on memo case is according to law and constitution.
He said that the Supreme Court has the authority to constitute commission without issuing notice to federation.
Aitzaz Ahsan said that there are examples when commissions constituted without intimating the federation. He said the parliament has a role to play in the matter and a committee is already inquiring into it.
He said that the attorney general was present in the apex court to represent the federation, adding that when people in the world face disappointment from the executive and parliament than they contact the judiciary.
@F Khan: Khan Sahib, how can it be a criminal when it is not even investigated? Your decision is based upon the some newspaper reports based upon on shady foreigner who never has been a Pakistani citizen but a known CIA agent. After the parliamentary committee makes the decision only then it can be tried and should be tried as criminal. Why such a haste to rush to London and present the case personally directly in SC? SC is not a trial court; it is the final appeal court. In no country the cases are directly grabbed by the SC as if they have nothing else to do. I did not mean to criticize you, but it is my humble view. Regards, Mirza
The contentions of Mr Latif Khosa regarding appoinment of Commission of Inquiry seem according to law. Section 3 of Appointment of Commission of Inqriry Act 1956 presribes the law regarding appointment of the commission which is reproduced below: Section 3. (1) The Government may, if it is of opnion that it is necessary so to do, by notification in the official Gazette, appoint a Commission of Inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the Commission so appointed shall make the inquiry and perform the functions accordinly.
Mr Latif Khosa has said that the executive can appoint the Commission after consultation with the Chief Justice. No such condition is found in Appointment of Commission Act 1956, probably such consultation is mandatory when some judge of a superior Court is desired to be appointed for this purpose. PML people say that the Attorney General did not raise any objection about appointment of the Commission, the contention carries no value because the Attorney General had not received instructions from the respondents. The resspondents had right to engage lawyer of their choice.
Parliamentary committee is not a criminal investigation body supreme court is. The parliamentary committee decision's are obligatory and supreme court decision's are mandatory. PPP these days have an agenda which simply is 'courts ko ganda karo'.This statement is in line with that agenda.
Infact PPP govt never wants the public to know the reality about the memogate scandle, that's why mr. Khoosa is trying so otherwise if there is nothing wrong Zardari or Gallani have done then there should be no objection from there side wot the SC has decided or ordered.
I don’t trust in these pseudo statements by Zerdari’s cohorts, they have only one aim and that is to protect Zardari at any cost.
@ Mirza.....so if people say "sun actually rises in the west" then should we all accept it? or as they say in Urdu "kav_va sufaid hai" = should we all then accept that crow is actually of white colour rather than black?.......???I tell you a story, once a goat got its neck stuck in a pitcher, all the people in the village thought that the best way to get the neck out would be to cut the neck of the goat and then break the pitcher to take the neck out....so based on Mirza's comments, this was the wisest idea as all the people said that? however if they had used their logic/mind then they could have taken out the neck only by breaking the pitcher....!!!!
All those commenting please first read Supreme court's own view in these judgments. PLD 2009 SC 75 and PLD 1958 SC 397 then reconsider your opinions
Does He do any Work ?
Or he Was just made Governer to Counter Pml N.
In every democratic country including Pakistan constitutionally parliament is supreme. It is the only institution which makes and changes the laws. However, in practice Pakistani army overturns the laws in partnership with the SC. How can paid career public servants be superior to the will of the people?
If not in accordance with law then what? Mr. Governor please qualify.
'Parliamentary committee decision superior to that of SC'
Dont agree? Approach the SC:)
PPP has lost its mind..... Who is going to Vote for them?
"SC decision is superior to Governer Punjab's Verdict"
I thinks it national foot in mouth day today eh Governor Sahib.
He is rite..constitutionally parliament is supreme.
seems like mr. khosa needs to renew his law degree....he has forgotten the basic concept of nobody being above the law!
And what is basis of this statement?