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Govt submits replies to PML petitions

MEHMUD AHMED

ISLAMABAD: The federal government has described the petitions questioning the validity of October 12, 1999 military takeover as not maintainable under the Proclamation of Emergency and Provisional Constitutional Order (PCO) of 1999 and requested the Supreme Court to throw them out.

The government request was conveyed by the Chief Executive's Senior Adviser, Syed Sharifuddin Pirzada, the Federal Law Minister, Aziz A Munshi, and a number of senior lawyers in their reply to the main petition filed by Pakistan Muslim League.

The reply, spread over four copy-books, was filed by government's Advocate on Record, Chaudhary Mohammad Aslam, in 20 sets here on Tuesday. Although it has not mentioned the other five petitions on the subject before the Bench, it by and large answers the questions of jurisdiction for them also.

These petitions are scheduled for hearing together on next Monday by a special bench to be constituted by Chief Justice Saeeduzzaman Siddiqui. The names of judges constituting the Bench would be notified in the cause list for the next week, which is posted either by Friday afternoon or latest by the Saturday morning.

The government said the Proclamation of October 12, as well as the PCO, had barred the jurisdiction of higher judiciary from making any order against the new set-up under the Chief Executive. The reply had leaned on Para 2 of the Proclamation and Para 4(1) of the PCO that limit the judicial jurisdiction.

The reply derives strength for the impugned declarations which, it said, were popularly accepted and welcomed in an "orderly and peaceful manner by the people, the functionaries of the state and other countries of the world," and were hence valid and in conformity with law of necessity.

It said the armed forces had acted to save the country and its various institutions, and the federal and provincial structure, from destruction from the former prime minister and "his accomplices". It denied any violations of the fundamental rights and said that the petitions were not maintainable under Article 184 (3) as they did not relate to enforcement of any of those rights given by Chapter One of Part One of the Constitution.

The government also said that the main petition sponsored by the Pakistan Muslim League, was "mala fide" and was filed as a cover to set up false defence in serious criminal cases, especially the one now known as 'hijacking trial' pending before the Anti-terrorism Court No 1 at Karachi against Nawaz Sharif and "his co-conspirators".

The former prime minister and his associates, the reply said, were under investigation, particularly as to corruption and corrupt practices and other offences. It also accused the former prime minister, his cabinet and other functionaries seeking their restoration only to "perpetuate dictatorship and mis-governance" without checks and balances on the exercise of power.

It also cited examples of hasty legislations like the 13th and 14th Amendments, saying that they were passed without any debate in the Parliament. The provincial legislatures, it added, had equally failed to discharge their constitutional duties and obligations, while the 'Senate' and the 'Assemblies' were made 'rubber-stamps'.

The reply termed the "so called heavy mandate claimed by the former prime minister as a farce and was fully exploited by him for his own wrongful designs to amass enormous wealth in and outside Pakistan through kickbacks, commission of white collar crimes and through illegal sanctions of loans" and their rescheduling or writing off.

It also narrated in extensive detail various actions of the former prime minister which, it said, were intended to weaken the defence forces, the judiciary, the economy, and listed what it said as "other misconduct" starting with the export of sugar to India by rail by the prime minister and his associates and issuance of several SROs to claim export rebate, and also accused his son, Hussain Nawaz of having "contacts and actions" with India.

The present administration has also accused Nawaz Sharif of bungling the foreign currency accounts, donations to the retirement of international debt scheme, of investing in Kenya and building the huge 'Raiwind Estate' on 400 acres with money of "unlawfully collected funds". Nawaz Sharif has also been accused of nepotism and favouritism in official appointments and of "installing Governor's Rule" and appointing of a close associate as 'adviser in Sindh'.

In the parawise comments on the petition, the government has rejected what it called as the "adverse allegations" made by the petitioners and said that the PML's interpretation of 'martial law' was academic, hypothetical and irrelevant, and said that Nawaz Sharif and most of the petitioners were themselves product a real of 'martial law' regime and that he had claimed "divine rights of the kings" for himself.

The government has defended the National Security Council which, it explained, existed in the interest of the country and was conducive to constructive activities.