ISLAMABAD: A petition seeking restoration of the federal structure of Pakistan and the federal government affected by the Supreme Court of Pakistan’s disqualification of the PM was filed on Tuesday.
The petition was filed by Shahid Orakzai under Article 184 (3) of the Constitution, making the chief justice of Pakistan, the president of Pakistan and attorney general for Pakistan as respondents.
Referring to various articles of the constitution, the petition questioned whether the SC could dismiss the federal government, formed under Articles 90, 91, 92 & 93 by exercising the power under Article 184 (3) to enforce a fundamental right. The petition states that the whole of Pakistan was shocked when a five-member SC bench disqualified the PM in disregard of Article 1 of the Constitution which states: “Pakistan shall be a federal republic”.
“The July 28 verdict in Panama Papers case jolted the republic, creating total administrative vacuum and paralyzing the Parliament. It states that major constitutional functions, stretching from Article 50 to Article 100, were suddenly suspended,” it said. It says the 341 members of the National Assembly were completely disarrayed and none could even think of requisitioning the House to elect the next PM.
“The verdict practically treated the PM like any other MNA. Material assets and financial transactions of PM’s family overseas became more important than his given state functions,” the petition stated.
It stated that that neither the Parliament nor the SC could change the federal structure of Pakistan. “The court’s July 28 order admits that the democratic process is interrupted, or disrupted, and “all necessary steps” shall be taken by the president,” the petition stated.
“The court, notably, did not stipulate a single step to be taken, nor did specify the article or clause, which would ensure continuation of the democratic process,” it said.
“The president is under oath to call a session of the National Assembly under Clause (2) of Article 58, but only after a no-confidence resolution is passed against the PM and that did not happen on July 28. Under what provision of the Constitution, the president is bound to find another PM?” the petition questioned.
“The Constitution, on the other hand, does suspend the ‘democratic process’ in a province for up to six months but does not afford any action against the federal structure as occurred on July 28,” the petitioner states.
The petition seeks to restore the federal structure of the republic as it was until July 27, 2017. Citing various provisions of the Constitution, the petitioner stated that the PM could not be treated as any other MNA.
“There is absolutely no hint of the federal structure in the final order nor was it referred or discussed at the bar by any side,” it said.
The petition requests the court to form seven member larger bench, excluding the five judges who signed the final order, to address the damage done to the federal structure of the republic.
Published in Daily Times, September 20th 2017.
.jpg)
