ISLAMABAD – A constitutional petition challenging the resignations of two federal ministers of the Muttahida Qaumi Movement (MQM) was filed in the Supreme Court on Thursday.
In his petition under Article 184(3), Shahid Orakzai raised pertinent questions regarding whether under Article 29, a federal minister could tender resignation on the command of any person, who is not a citizen of Pakistan or not? Whether any person,
who is not a citizen of Pakistan can lead or control a political party and command its elected representatives? And whether the resignation by a federal minister is valid if it is sent to the president from outside Pakistan? “The resignation on a prompt from outside Pakistan is a breach of the sovereignty of Pakistan therefore acceptance of such resignations would amount to collusion,” he stated in the petition.
He named Minister for Overseas Pakistanis Dr Farooq Sattar, Minister for Port and Shipping Babar Ghuari, the chief election commissioner and the federation through the law and justice secretary as respondents.
He said the federal ministers of the MQM had reportedly sent their resignations from London on the instruction “of a person, who is not a citizen of Pakistan”.
The petitioner questioned “Under the law, who is the ‘party leader’ of the the MQM for the purpose of Article 63A?
He requested the court to ask the chief election commissioner whether Altaf Hussain was currently holding any party office under the Political Parties Order, 2002? He stated that any resignation under the constitution was a free and voluntary act of the individual citizen, adding that the constitution did not accept any coercion or orchestration in resignation. He requested the court to instruct the federation to not assign the portfolios of Sattar and Ghauri to any other citizen until the ruling on this petition.
