Misrepresentation of army's support: PTI chooses not to respond to apprehensions

16 Sep, 2014

Submitting a reply to Supreme Court's directives in relation to anti-government protests case, Pakistan Tehreek-e-Insaf (PTI) on Monday did not say anything about Parliament's apprehension's over the party's 'misrepresentation' of army's support to party's sit-in in the Red Zone of Islamabad. Filing a reply in the apex court through its counsel Yousaf Khosa, PTI said that it did not have the "benefit of knowledge" of the concerns raised by parliamentarians and was, therefore, unable to respond to their apprehension specifically.
Appearing before larger bench of Chief Justice Nasirul Mulk on September 10 in the matter, senior Parliamentarian Raza Rabbani represented two political parties, Awami National Party (ANP) and the Balochistan National Party (BNP) raised three questions of high import. First, "Whether any political party or any other group could ask constitutional office-bearers to disengage from office under threat of violence or use of force in violation of the Constitution?"
Second, "Whether any political leader can legitimately involve the Pakistan Army in his design to achieve his unconstitutional objectives by attempting to reassure his followers that the army, by a 'yes' or 'no', will determine the future course of his action?" Third, "Whether a political leader can misrepresent the support of the Pakistan Army to their cause in public or private communications, thereby compromising the image of a national institution?"
The court had asked political parties including the PTI, to submit replies in response to the questions of Mian Raza Rabbani within three days. The PTI reiterated through its reply that it will never support any un-constitutional step in the prevailing political situation; adding it will rather oppose any such moves. The reply added that the guiding principles of Constitution, democracy, freedom, equality, tolerance and social justice are part of party's manifesto.
The PTI claimed that the party is only exercising its rights of existence by awakening the people to their rights and obligations of the present government in a democratic society within the framework of the Constitution. In this regard, the PTI cited the Article 4 of constitution.
The Article deals with right of individuals to be dealt with in accordance with law, etc It says: "(1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be and of every other person for the time being within Pakistan.
(a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law;
(b) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and
(c) no person shall be compelled to do that which the law does not require him to do."
It also referred to the Article 5 of the Constitution, saying that loyalty to the state and obedience to the Constitution is the obligation of every citizen of Pakistan.
The PTI further submitted that fundamental rights provided in part II of the Constitution, including Articles 19, 10, 10-A, 12, 13, 14, 16, 17 , 18 and 19, must be upheld by the apex court with a holistic approach while enforcing each one individually.

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