The manner in which the federal government is pursuing the Nawaz Sharif Plane Hijacking case in the Review Petition being heard by a Supreme Court bench smells rat and could be termed as another NRO in the making. On instructions of the Prime Minister the Sindh Advocate General has been stopped from defending the case and the government has facilitated the Court in dismissing incriminating evidence related to the pardon documents and the deal that Sharifs had signed before getting the remission from the former government.
A perception has been created through the media that as PM Mr. Nawaz Sharif was authorized to (1) sack the COAS while he was on board a flight from Colombo to Karachi and (2) divert the PIA flight from its destination.
Chief of Army Staff is a Constitutional appointee under Article 243 of The Constitution of Pakistan. Removal of Musharraf by Sharif in 1999 without following the laid down process was as wrong as the removal of the Chief Justice of Pakistan by Musharraf on November 3, 2007. All serving military officers serve under the Pakistan Army Act, the process of their pre mature removal is laid down under The Pakistan Army Act in the Manual of Pakistan Military Law and the Federal Government formulated Army Rules and Regulations. A serving military officer, according to these rules, can only be removed from service either (a) if he resigns as a result of a court of inquiry which through adequate evidence establishes violation of Military Discipline or (b) through a Field General Court Martial or (c) if he decides to resign voluntarily. Even an ordinary soldier, what to talk of a general, cannot be removed without going through the process, a similar procedure is in vogue for every government servant. Military coup against the sitting government was not justified but sacking of the COAS by the PM without serving a show cause notice, and that too when the latter was flying can also not be termed as correct.
As for the assertion that the PM is authorized to divert a plane, international law on civil aviation, clearly states that, when in air, the captain of the aircraft is in charge and no body (even the PM or President or the COAS) can assume control. Had the brave PIA pilots not force landed at Karachi, the air craft which had only a few minutes fuel would have crashed after running out of fuel, resulting in loss of hundreds of lives.
Also to be remembered is the fact that a few days before sacking Musharraf the PM had ordered his elevation as Chairman Joint Chief in addition to his assignment as Chief of Army Staff. Does this indicate that the PM had full confidence in Musharraf or was it a malicious trap to put Musharraf off guard so that he may proceed on a tour abroad to facilitate his sacking while he was out of Pakistan.
The decision given by the Sindh High Court in the PIA hijacking case against the ex PM was based on the facts described above.
Musharraf ordered the infamous NRO to wash away the sins of PPP leaders, now the PM in collusion with the Sharifs is undertaking a similar exercise. Of course this is more sophisticated as it is being done through a more “honorable” route.
It is hoped that the Chief justice will not only undo the NRO but also intervene to stop the government in facilitating convicts to get relief through Review Petitions.
Tags: Karachi, Musharraf, Nawaz Sharif, Pakistan, Pakistan Army, PPP, PTIRelated posts
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