Negotiating with: Taliban Peace talks in ‘violation of Constitution’

Petitioner asks PHC to restrain federation from contacting any ‘private army’.

PESHAWAR:

Proposed peace talks between the government and the Taliban were challenged at the Peshawar High Court (PHC) and deemed “in violation of the Constitution”.

According to a petition filed by Shahid Orakzai from Rawalpindi, the negotiations would be in violation of Article 256 of the Constitution, which maintains,“No private organisation capable of functioning as a military organisation shall be formed, and any such organisation shall be illegal.”

The petition came after the Khyber-Pakhtunkhwa (K-P) governor held a meeting with a member of the National Assembly on March 1, expressing his willingness to chalk out a peace deal with those who attacked the Pakistan Air Force Base in Peshawar.

Orakzai urged the court to ask the governor whether his meeting was on the advice of the cabinet or the chief minister. He said under Article 105(1) of the Constitution, in the performance of his functions, the governor shall act in accordance with the advice of the Cabinet [or the Chief Minister].

The petition added law secretary should reply if he had directed the governor to conduct peace talks with the “private army” which attacked the political agent’s office in Khyber Agency.

Orakzai also questioned if the “private army” in dialogue with the government will now be excluded from anti-terrorism laws. “The court must immediately restrain the federation from contacting any ‘private army’ and instruct the governor to take permission from the court before holding any meeting with political leaders in this regard,” appealed Orakzai.

Published in The Express Tribune, March 13^th, 2013.