Interim Prime Minister: Reason behind PML-N’s choice for Justice Shakirullah Jan

PPP’s adverse reaction to opposition party’s nominations put consultation possibility in doubt.


Our Correspondent March 11, 2013
PPP’s adverse reaction to opposition party’s nominations put consultation possibility in doubt .

ISLAMABAD: Holding the office of the prime minister does not fall ‘in the service of Pakistan’ category, thus  paving way for the opposition Pakistan Muslim League-Nawaz (PML-N) to nominate Justice (retd) Mian Shakirullah Jan among its nominees for caretaker premier, who retired from the Supreme Court only six months ago.

The PML-N has recently announced names of Justice (retd) Mian Shakirullah Jan, Justice (retd) Nasir Aslam Zahid and Rasool Baksh Palijo as its nominees for the interim PM.

“Since the office of PM is not deemed to be held in service of Pakistan, a retired judge does not have to wait for two years before contesting the elections,” said Justice (retd) Tariq Mehmood while talking to The Express Tribune.

According to the article 207 (2) a person who has held office as a judge of the SC or a High Court cannot hold “any office of profit in the service of Pakistan… before the expiration of two years after he has ceased to hold that office”

Also the Article 63 (k) of the Constitution says that a person shall not be elected or chosen as member of the parliament if, “he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service.”

Responding to a question, Mehmood said that a judge can even resign from his office and file nomination paper the next day for contesting general elections. The condition of two years ban is applicable to employees of all government departments except judges, he added.

Several PML-N members, in their off the record discussion were of the opinion that “ideally a politician should be the interim prime minister,” however, they defended inclusion of two retired judges for the office.

On the other hand, the government has criticised the nominations casting doubts over the possibility of successful consultation with the PML-N.

The PML-N Secretary Information Senator Mushahidullah Khan remarked that “none of the opposition parties has any objection and it is only the Information Minister, Qamar Zaman Kaira who did not take these nominations seriously.”

Palijo, who has been praised for his struggle against General Zaiul Haq’s rule, has suddenly become unacceptable, he added. “The way Pakistan Peoples Party (PPP) is dealing with the issue, consensus between the government and opposition seems difficult,” said Mushahidullah, adding that this is the reason no decision over dissolution of assemblies on the same day has been reached yet.

Talking about Muttahida Qaumi Movement’s (MQM) role as opposition, the PML-N secretary information said “We do not consider MQM as opposition and will not add them in the parliamentary committee.”

The ruling PPP has not yet announced its nominees for the caretaker PM but the list of probables include Dr Adeeb Rizvi, Dr Shams Kassim-Lakha, former vice chancellor of Aga Khan University Hospital and former finance minister Dr Hafeez Sheikh.

Published in The Express Tribune, March 11th, 2013.

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