ISPR has said that allegations leveled by Prime Minister Syed Yousuf Raza
Gilani against Army Chief General Ashfaq Parvez Kayani and DG ISI
General Ahmed Shuja Pasha are serious,
adding that no allegation could
be serious than leveling of violation of constitution, adding that this
has very serious ramifications with potentially grievous consequences
for the Country.
According to the statement issued by ISPR, APP had issued a statement
on 9th of January 2012 giving details of the interview given by the
Honourable Prime Minister of Pakistan to The People’s Daily Online of
China when the COAS was also on an official visit to China. The
Honourable Prime Minister inter alia termed the responses given by COAS
and DG ISI in the alleged Memo Case to the Honourable Supreme Court of
Pakistan as unconstitutional and illegal. This part of the statement has
been quoted and widely debated in the media.
The statement said that there can be no allegation more serious than
what the Honourable Prime Minister has leveled against COAS and DG ISI
and has unfortunately charged the officers for violation of the
Constitution of the Country. This has very serious ramifications with
potentially grievous consequences for the Country. The statement does
not take into account following important facts:-
COAS and DG ISI were cited as Respondents in the Petitions as such
and after hearing the parties the Honourable Supreme Court served
notices directly to the Respondents. This was not objected to by the
learned Attorney General of Pakistan.
The responses by the respondents were sent to the Ministry of Defence
for onward submission to the Honourable Supreme Court, through Attorney
General (Law Ministry).
A letter was also dispatched to the Attorney General of Pakistan and
the Honourable Supreme Court of Pakistan informing that the replies
have been submitted to the Ministry of Defence.
It is emphasized that copies of the statements of the two Respondents were not forwarded directly to the Supreme Court.
Responsibility for moving summaries and obtaining approvals of
Competent Authority thereafter lay with the relevant ministries and not
with the Respondents.
It is also highlighted that after a meeting between the Honourable
Prime Minister and the COAS, the Honourable Prime Minister had publicly
stated through a press release of 16th December 2011 that the replies
submitted were “ in response to the notice of the Court through proper
channel and in accordance with the rules of business.” No objections
were raised before and thereafter, on the legality and constitutional
status of the replies, at any time, during the last more than three
weeks of hearing of the case by the Honourable Supreme Court.
It is also categorically stated that COAS and DG ISI in their
response to the Honourable Supreme Court were obliged to state facts as
known to them, on the Memo Issue. The issue of jurisdiction and
maintainability of the Petitions was between the Honourable Supreme
Court and the Federation.
Any expectation that COAS will not state the facts is neither
constitutional nor legal. Allegiance to State and the Constitution is
and will always remain prime consideration for the Respondent, who in
this case has followed the book. SANA
