to Supreme Court for removal of DG (ISI) General Pasha.
(ISLAMABAD - December 19)
The Central Chairman of the Communist Party of
Pakistan (CPP), Engineer Jameel Ahmad Malik as a citizen has today prayed the
Supreme Court (SC) on the ongoing controversy of memo gate scandal for
immediate removal of Lt. General Pasha from the post of Director General,
Inter-Services Intelligence (ISI).
Today, he filed the Constitutional Petition
under the Articles 184(3) and 244 of the Constitution. He stressed that after
memogate scandal, Lt. General Pasha is not now eligible to remain on the post
of DG (ISI) under Article 244 of the Constitution.
For interim relief, Engineer Jameel prayed the
Supreme Court for immediate direction to Federation for suspension of Gen.
Pasha from DG (ISI) till the disposal of this petition.
He wrote in his petition to SC that it was
widely reported in the newspapers and TV news in and abroad which states that Pakistan's powerful spy agency
chief, General Pasha, had sought and got permission from senior Arab leaders to
oust President Asif Ali Zardari,
who incidentally is his Supreme Commander.
date, this allegation was not denied yet by Gen. Pasha nor by the ISPR and as
per various SC judgments reported in PLD
1998 SC 388 (Mohtarma Benazir Bhutto Vs President of Pakistan
and others), which in nut-shell states that Facts
given in newspapers having not been denied, would be considered as undisputed
facts and if any such news item is not denied, the same can be used against him
as piece of evidence later on.
He further wrote if we agree that Mansoor Ejaz was correct in memogate
then what about his opinion concerning the ISI Chief Pasha, in which he
disclosed that Pasha got consent from senior Arab rulers for the removal of
This news about Gen. Pasha is alarming to all of
our nation and it shows involvement of Gen. Pasha and army in politics which is
contrary to their oath taken under Article 244 of the Constitution of Pakistan,
This move of General
Pasha for removing his Supreme Commander with the approval of senior Arabs
leader is hit by the golden principles of law, which were enunciated by the SC
in its Para No. 21 as reported in 2004
SCMR 164 (Engineer Jameel Ahmad Malik Vs Government of Pakistan and
others), which barred all Government employees for involvement in politics.
Jameel said secretly meeting of Pasha with the Arab leaders for taking into
confidence about the removal of President Zardari clearly comes under the
purview of politics and in this way the ISI Chief has
hatched a conspiracy against an elected government and the President and he
deserves a Court Martial under Pakistan Army Act, 1952 on this count.
He stressed in his petition that it is a great injustice that the Government
employees who are not holding guns in their hands are not even allowed to carry
out their Association activities as per judgment 2004 SCMR 164
Whereas the Government
employee like Lt. General Pasha, who are holding guns in their hand and that too
on public exchequers are allowed to take part in politics and to oust his
Supreme Commander in contrary to Article 244 of the Constitution. If this is
not discrimination under Article 25, what else is the discrimination, he posed
this question to the Apex
The CPP Chairman
Engineer Jameel posed a question to SC Is DG of ISI is not a Government
employee? In fact it is the worst form
of discrimination among the citizens of Islamic Republic of Pakistan where
Civil Servants are punished but no one dare to touch the army Generals even if
they commit a gross misconduct. It is the right and fit case where the question
of public importance with reference to the enforcement of the Fundamental
Rights as conferred in Article 25 of Chapter I of Part II is involved.
Press Media of CPP, Communist Party
of Pakistan, 1426-Fateh Jang Road, Attock Cantt.
Tel: 057-2611426 Fax: 057-2612591
Mob: 0300-9543331 Web: www.cpp.net.pk E-Mail: email@example.com