Human Rights Commission South Asia

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Petition Seeks MPAs' disquelification.

The Human Rights Commission for South Asia (HRCSA) on Monday moved a petition in the Supreme Court (SC) of Pakistan, Karachi registry seeking disqualification of the PPP’s Sindh Assembly members, who are involved in protesting and criticising the SC’s order that set aside the notification for the appointment of the NAB chairman. The petition was filed by HRCSA representative Syed Mehmood Akhtar Naqvi under Article 184(3) of the Constitution of Pakistan, pleading that the court should declare the provincial assembly members, who criticised the court ruling, ineligible.
The applicant submitted that review applications should be moved against the courts’ judgments constitutionally, but the verdicts cannot be criticised publicly, adding that the courts’ proceedings and judgments could not be brought for discussion in the assembly, as the respondents did violating Article 114. The plaintiff maintained that the court can take action against the respondents under Article 6, 204 for reacting aggressively against the apex court’s order, which set aside the presidential order for appointment of the NAB chairman.
Naqvi stated that the respondents should have moved an appeal against the court order but called for a strike in the province. The PPP’s provincial leadership not only criticised the SC order but also staged protests, violating Article 204 of the constitution, he added. “The membership of the parliamentarians must be annulled as they were involved in violating articles 62, 63, and 113 while giving the protest call against the court’s verdict,” he submitted.
On March 10, the SC had invalidated the appointment of Justice (r) Deedar Hussain Shah as the NAB chairman, but the PPP’s provincial leadership, instead of dealing constitutionally with the matter, announced a complete shutter-down and wheel-jam strike across the province while criticising the judiciary in a press conference on the same day.
The HRCSA representative submitted that such critical attitude of the ruling party was leading to confrontation with the judiciary. He added that the independent judiciary was threatened by the respondents and such disgraceful approach of the rulers not only dishonoured the judiciary but also created a negative impression across the world.
Citing Sindh government through chief secretary, provincial assembly secretary, PPP Sindh General Secretary Taj Haider, provincial Education Minister Pir Mazharul Haq, the Pakistan Electronic Media Regularity Authority chairman, MPA Sharjeel Ahmed and PPP Sindh media coordinator as respondents, the petitioner pleaded that the court should initiate constitutional action against the respondents under articles 189 and 190 for criticising the court judgment and nullify their assembly membership under articles 62, 63 and 113.