News
Friday, January 13, 2012
SC asked to restrain PM from moving against COAS, ISI DG* Applicant asks court to suspend removal orders of former defence secretary
Staff Report
ISLAMABAD: An application requesting the court to restrain the prime minister from passing any order against the Chief of Army Staff (COAS) Gen Ashfaq Parvez Kayani and Inter-Services Intelligence (ISI) Director General Lt Gen Ahmad Shuja Pasha was moved in the Supreme Court on Thursday.
Tariq Asad advocate filed the miscellaneous petition under Order 33, Rule 6, of the Supreme Court Rules for Interim Relief, making the federation through the defence secretary and others respondents.
The applicant pleaded the court to suspend the removal orders of former defence secretary Lt Gen (r) Naeem Khalid Lodhi, besides passing an order of status quo so that no adverse orders may be passed against the COAS and the ISI DG, till the adjudication of the instant case, and the latter be restrained from taking any unconstitutional or extra-constitutional steps in vengeance.
The applicant, whose petition regarding a probe into the memo issue is under adjudication in the Supreme Court, stated that the ‘memo’ conspiracy was plotted in May, 2011, against the army, ISI and the sovereignty of Pakistan for their personal objectives.
He said that the army and the ISI were the only organs of the state that were protecting the security and sovereignty of the country with great responsibility and had expressed their allegiance to the country and its constitution as the first priority. He said in retaliation of the replies filed by the defence secretary, ISI DG, the COAS and the judgement passed by the Supreme Court in the memo case and the NRO case, the prime minister sacked the defence secretary, besides levelling serious allegations against the COAS and the ISI DG.
He said the Inter-Services Public Relations (ISPR) issued a tersely worded statement in response to the prime minister’s remarks in an interview with a Chinese newspaper on July 9, 2012, wherein he had said that the affidavits filed by the COAS and the ISI DG in the memo case were illegal and unconstitutional.
He said there could be no allegation more serious than what the prime minister levelled against both the serving chiefs.
He said there were further apprehension that any adverse orders may also be passed against the COAS and the ISI DG, which might result into confrontation. “In such a tug-of-war between the parties, any unconstitutional action might be taken, causing suspension of fundamental rights of the citizens, as occurred several times in the past,” the applicant pleaded.
He said the people of Pakistan had reposed confidence in the present government and the president and the prime minister had taken oath under the constitution to protect, preserve and defend the sovereignty of the country and the constitution. However, they were creating confrontation with the institutions, with the superior courts and the army, he said.
Courtesy www.dailytimes.com.pk