PTI, PAT demands unconstitutional, SC told
ISLAMABAD:
The government on Tuesday said the demands made by the chairmen of PTI and PAT not only unconstitutional but were rather issued as intimidation and threats, intended to cause total shutdown of normal life in the country and of the functioning of the federal government in general.
The Federation filed a concise statement before the Supreme Court through Deputy Attorney General Sajid Ilyas Bhatti in the petition filed by Supreme Court Bar Association (SCBA) seeking Supreme Court’s direction that no authority or state functionaries be allowed to take any extra-constitutional steps in the prevailing political situation of the country.
It contended that the regrettable speech of PTI Chief Imran Khan and the launching of civil disobedience movement by a political party which has been registered under the laws of Pakistan (Political Parties Ordinance Order 2002) read with the Constitution is predominantly against the integrity, sovereignty and security of Pakistan and is a clear violation of Articles 4, 5, 7 and the oath of the members of Provincial and National Assemblies as prescribed under the Third Schedule of the Constitution.
A five-member larger bench of the apex court, headed by Chief Justice Nasir ul Mulk and comprising Justice Jawad S Khawaja, Justice Anwar Zaheer Jamali, Justice Mian Saqib Nisar and Justice Asif Saeed Khan Khosa, asked the attorney general the other day to submit concise statement on behalf of the federation in the instant matter.
Kamran Murtaza, president Supreme Court Bar Association, has filed a petition in the apex court contending that, in view the prevailing political situation of the country, there is reasonable apprehension that some one from the state functionaries or administrative heads or having constitutional responsibilities may deviate from the Constitution of Pakistan and take the law in hand to derail the democratic system of the country.
On Monday he filed additional application requesting the court to ask the political parties not to enter the Red Zone.On August 15 the court after issued an interim order restraining all the state authorities and functionaries from acting in any manner unwarranted by the Constitution and the law.
The federation contended that the chairman, PTI and PAT gave a call for long/inqilab/azadi marches towards Islamabad for August 14, 2014, the Independence Day of Pakistan.
“The declared objectives of the said long/azadi/inqilab march were to force the federal government to resign and also to seek the dissolution of the National Assembly, the provincial assemblies and the Election Commission of Pakistan”, the federation submitted. .
The federation informed the apex court that the PTI and its chairman earlier made several demands including the appointment of a commission comprising of the judges of this court to look into the allegations leveled by them.
However, before the launching of the proposed long march, PTI and its chairman changed their stance and called for, inter-alia, the resignation of the federal government as well as of the provincial government of the Punjab without due process of law.
“Such demands were ex-facie unconstitutional and illegal. It is also important to mention here that the sole grievance of PTI related to the alleged malpractices in the general elections, held on 11 May 2013 for which PTI and Imran Khan maligned all the state institutions, including the judiciary, the federation submitted”.
It contended that the demands made by the chairmen of PTI and PAT were not only unconstitutional but were rather issued as intimidation and threats, intended to cause total shutdown of normal life in the country and of the functioning of the federal government in general.
The federation submitted that practically due to dharna, life and property of the residents of Islamabad have come under a serious imminent danger. The whole gamut of daily life is being brought to a standstill by such processions/dharnas which are still continuing since 13th August, 2014”, the concise statement contended.
It added that the availability of basic necessities including food items and other things essential for life is becoming increasingly difficult, as most of the people have been besieged in their own houses.
“It is but certain that the fundamental rights of the people at large, guaranteed under Articles 9 and 18 of the Constitution, have been, and are continuing to be violated”, says the federation.
It submitted that the illegal and subversive activities of those political parties such as strikes, processions and dharnas have caused uncertainty with resultant financial loss of over Rs400 billion in the stock market. Public property worth millions of rupees has been destroyed by the workers of PTI and PAT, despite repeated express verbal and written assurances given by the leaders of these political parties for carrying out peaceful marches.
The federation submitted that it is the fundamental and constitutional duty of the federal government to protect the life and property of the people and to save the residents of Islamabad and diplomatic communities residing inside the Red Zone.
It stated that the current situation threatens the existence of public order, supplies and services. In this respect, it is also submitted that the term “public order” occurring in sub-Article (1) of Article 17, as it is separately used, has to be construed in the ordinary context as being synonymous with public peace, safety and tranquility. Public order is an elemental need in any organised society and no association can flourish in a state of disorder.
The federation contended that the petitioner’s apprehensions relating to violation of the fundamental rights of the people at large and the affected areas in the particular areas (by the local traders and business community) due to the long/azadi/inqilab marches and dharnas having unconstitutional and illegal object, have been accentuated by the declared pronouncement by the PTI and PAT leaders about entering into the Red Zone and civil disobedience movement, thereby raising important questions of great pubic importance qua the interpretation of Constitution and the law which require a determination by the Honourable Court. The larger bench will resume hearing today (Wednesday) in the instant matter.
http://www.thenews.com.pk/Todays-News-2-268095-PTI-PAT-demands-unconstitutional-SC-told
^ This article released on August 20th, 2014. This should clear some of confusions, but that doesn't explain specific details about how that declaration came to passed, Allahu Alim.