Legal and constitutional experts have sought initiation of criminal proceedings under Article 6 against President Asif Ali Zardari for high treason if the truth about the secret memo he allegedly sent to the US administration is determined. By sending the memo, President Zardari tried to pitch the state institutions against one another and he strands guilty of high treason, they said.
Asked to comment on the legal position in the light of the alleged secret memo, Justice (r) Wajihuddin Ahmad termed it an anti-state activity on part of the president, Pakistan’s Ambassador to the US and the federal government. “It is not an ordinary situation… the supreme commander of the armed forces is seeking help from the US against his own army,” he added.
“The very act could invite applicability of Article 6,” he added. He was convinced about the truth of the story and that more than one person was involved in the same. “It doesn’t seem an act of a single person, rather many are involved in it and that might be the president and Pakistan’s ambassador to the US besides the federal government,” he added. Senior lawyer Fakhruddin G Ebrahim called it a “very wrong act” on part of the accused. However, he remained short of declaring it a crime that might invite applicability of Article 6. Habibul Wahab Elkhairi said “As per the evidence available in media reports, he (Zardari) has committed high treason… he is guilty of high treason and should be hanged.” He further said President Zardari is working against the interests of the armed forces and asked the federal government to initiate proceedings against him under Article 6 of the Constitution.
Senior lawyer, Hashmat Ali Habib said if the story was based on facts, President Zardari had committed high treason. “But the problem is that only the federal government can initiate proceedings under Article 6, which seems impossible until the PPP is in the government. May be the next government takes a decision in this regard,” he added.
Senior Supreme Court lawyer Nafees Siddiqui also expressed similar views, saying the issue may have repercussions, including application of Article 6.
However, senior lawyer Abdul Mujeeb Pirzada presented a different point of view. “This (secret memo) is a diplomatic correspondence which is protected under the law and cannot be discussed in the media,” he opined. He was of the view that there was no offence involved in the story due to its nature of diplomatic correspondence.