Home »Top Stories » SC moved for invoking Article 190 of Constitution: ‘Army be directed to implement Supreme Court verdicts’

  • News Desk
  • Sep 18th, 2010
  • Comments Off on SC moved for invoking Article 190 of Constitution: ‘Army be directed to implement Supreme Court verdicts’
The Supreme Court on Friday was moved for invoking Article 190 of the Constitution directing Chief of the Army Staff (COAS) to take all necessary steps for implementation of its judgements or to explore the possibility of mid-term elections strictly in accordance with the constitution to curb corruption, nepotism and favouritism.

Advocate Mrs Afshan Ghazanfar filed the petition under Article 184 (3) and has made Ministry of Defence, Ministry of Interior, General Ashfaq Pervaiz Kayani (COAS), Chief of Air Staff, Chief of Naval Staff, Joint Chiefs of Staff, Chief Ministers of the provinces and Election Commission of Pakistan as respondents.

The petition has enumerated several landmark judgements of the court and said that all actions of the apex court were taken in view of the best interest of the country as warranted by the constitution, no other criteria or benchmark was followed other than ensuring rule of law, supremacy of the constitution and jealously safeguarding the rights of the citizens to eliminate the menace of corruption, bad governance favouritism and nepotism.

But unfortunate aspect of the matter is that the desired result could not be achieved due to non implementation of all the apex court decisions, it added. The non co-operation of the federal government and other provincial governments has become rule of the day in implementing the decision of the apex court which resulted in sheer disappointment and has become talk of the town how to get the SC judgements implemented, it added.

"In view of above mentioned circumstances, it is prayed that the provision as enumerated in Article 190 of the constitution be kindly invoked and all respondents including COAS be directed to take all necessary steps for implementation of the court orders," the petition said.

"In case of its non implementation, the apex court may also explore the possibility of mid-term elections strictly in accordance with the provisions of Article 62 and 63 so that corruption, nepotism favouritism could be curbed for ever for the prosper future of the country and its subjects," the plea further said.

In addition, the petitioner has requested the court that during the intervening period an interim setup be constituted by the Supreme Court of Pakistan. The petitioner contended that deteriorating law and order situation in the country compelled her to knock the doors of the court, saying that current situation is a real threat to solidarity and integrity of the country. The petitioner referred to an observation of Chief Justice Hughes of the Supreme Court of United States, "the constitution is what the Supreme Court says of it."

Copyright Business Recorder, 2010


the author

Top
Close
Close