The Sindh High Court on Monday issued notice to the Deputy Attorney General in a petition seeking disqualification of Prime Minister Yousuf Raza Gilani for ridiculing the armed forces of Pakistan.
The petition, filed by Moulvi Iqbal Haider Advocate, chairman of Awami Himayat Tehreek Pakistan, referred to a speech of the prime minister on the floor of National Assembly on Dec 22 and maintained that armed forces of Pakistan alone are struggling to safeguard the sovereignty of the country.
Citing the Memogate case, the petitioner said that government and armed forces have taken opposite stances before the Supreme Court of Pakistan. Attorney General who as a routine defends/represents the Ministry of Defence has in this case declined to represent the defence ministry, army chief and DG ISI and this shows the cleavage between the federal government and the defenders of national frontiers.
The armed forces are part and parcel of the federation and such an attitude by the government can lead to a situation identical to one that occurred on Oct 12, 1999 when Nawaz Sharif sacked the then army chief, General Pervez Musharraf, which led to army takeover, submitted the petitioner appearing in person.
He said that there were strong indications/rumours that the Gilani government is contemplating sacking army and ISI chiefs and in such an eventuality, any reaction from armed forces would drive the country to another military takeover which would not be good for the nation and the country.
The petitioner submitted that armed forces for the first time in the history of the country have subscribed to the supremacy of the courts and submitted affidavits in the Memogate case.
Deputy Attorney General Ashik Reza, who was summoned by the bench, suggested disposing of the petition with the tentative order that “all organs of state shall work within the constitutional framework and would not resort to any extra-constitutional step.”
The petitioner agreed to the suggestion but said that he had sent a reference against the prime minister to the Speaker of the National Assembly and some action is expected. He prayed to the court to direct the speaker to decide the reference.
Ashik Reza vehemently opposed the request and argued that parliament or speaker who is the custodian of an elected house could not be given any direction.
The bench, comprising Justice Maqbool Baqar and Justice Muhammad Ali Mazhar, after hearing both the sides ordered formal notice to the DAG and adjourned further proceedings to a date to be fixed later by the office of the court.
The respondents in the case include Prime Minister, Speaker National Assembly, Chief Election Commissioner and Secretary Ministry of Law, Justice and Parliamentary Affairs.
Published in The Express Tribune, December 27th, 2011.
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What an absurd farce!
When will General Jagjeet Singh Arora receive notice for ridiculing the armed forces Pakistan?
Congratulations to Deputy Attorney General Ashik Reza for his wisdom in suggesting disposing of the petition with the tentative order that “all organs of state shall work within the constitutional framework and would not resort to any extra-constitutional step.”
It would be extremely beneficial to all Pakastanis if all the organs of the state would work together within the constitutional framework for the benefit of the citizens.