Addressing visiting officers of Command and Staff College, Quetta, the Chief Justice Iftikhar Muhammad Chaudhry outlined the role of the armed forces. He emphasised that army should not intervene in the political process and its duty is to defend the country against external aggression or threat of war.
Army should act in aid of civil government when called up to do so. Chief Justice also referred to the founder of the country M A Jinnahs address to the officers of Staff College Quetta in 1948 when Quaid advised the army officer not to take part in political activities. Despite Quaids advice and 1973 Constitution, Pakistan has been under military rule more than civilian rule during 64 years of its chequered history. The question is why four generals toppled the political government and ruled the country without any resistance from the general public.
Why did politicians offer their services to military dictators? Why did the Supreme Court provide legitimacy to army dictators under the law of necessity? Why did the judges take oath under PCO? Why did all the army officers who took oath to protect the constitution forgot their oath and followed the unconstitutional orders of their chief?
Although the constitution itself manifestly provides that all the state organs/institutions works within their own limits, unfortunately the ground realities are that even the judiciary after its restoration to independence has been taking decision which belongs to executive, the interference of courts in fixing of the sugar prices is one example.
The decision of the bench which nullified the privatisation of Pakistan Steel Mills has made the nation to pay tax-payers Rs 36 billion during the last three year to keep it in-operation when the government was getting US $362 million for its 75 percent equity share. The Steel Mill is over 30 years old and has already served its plant life. The state pillars and institutions need to work within their sphere and limits written in the constitution if we want to see a stable Pakistan.
S T HUSSAIN
Lahore
