Inquiry commission on mamogate is above rules: Orakzai
09 January, 2012
ISLAMABAD: The constitutional petition filed on Monday, praying the Supreme Court may immediately stay the proceedings of inquiry commission over mamogate, said the commission is above the rules.
The petitioner, Shahid Orakzai challenged that the commission could not issue notice to the President, however, only exclusive authority of joint sitting of Parliament preserves the right to investigate the President under Clause (6) of Article 47.
He said that DG ISI and Chief of Army Staff are constitutionally supposed to be in control and command of the federal government, however, the issued notices have arisen a doubt whether the two officers are still in control and command of the Federal Government under article 243 of the Constitution or the said article is a word of mouth.
The applicant remarked that Chief Justice of Balochistan High Court and Chief Justice of Sindh High Court, according to his oath and Article 198, could not sit to discharge their constitutional duty outside the territorial jurisdiction of their respective high courts. He further added that a judge of high court can perform judicial function outside the territorial jurisdiction of the high court only after the transfer orders issued by the President under Article 200 of the Constitution.
He raised a question on inquiry commission that whether the two chief Justices of high courts can jointly ask the President outside their own territorial jurisdiction? "The said judges didn't secure constitutional provision to do so, "he added.
He further pleads the court that unless the commission would be immediately restrained, it is likely to give a political tint to its proceedings. "The inquiry commission may ultimately crown Nawaz Sharif being the leader of second biggest political party in the Parliament as well as the leader of ruling party in Punjab if as and when the inquiry yields results, the applicant added.
Meanwhile, Pakistan Muslim League-N President Nawaz Sharif on Monday said the government was not ready move a 'single inch' in memogate case and wanted to fail the judicial commission.
Speaking to private TV channel, Nawaz Sharif said he appeared before the judicial commission probing the memogate issue today and noticed that the government was coming up with all sorts of excuses to create hurdles in the probe.
He said the President Zardari recently said that he would accept the decision of the parliamentary committee on memogate.
"This clearly means that the president has no intention to accept the decision of the court and it also indicates that Zardari Sahab knows in advance what decision the parliamentary committee would make," Nawaz Sharif observed.
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