A petition seeking direction to the federation to immediately remove ISI Director General Lt Gen Ahmad Shuja Pasha in response to the ongoing memo controversy was filed in the Supreme Court on Monday. The petition was filed by central chairman of the Communist Party of Pakistan, Engineer Jameel Ahmad Malik under Article 184 (3) of the constitution making the federation through the defence secretary, the ISI chief, Omar Warraich – a journalist and correspondent of The Independent and Time, the Islamabad Press Club and Geo television anchor Hamid Mir respondents. The petitioner requested the court to order the federation, which appointed Pasha the ISI chief, to immediately suspend him until disposal of the instant petition. Citing various SC judgements, the petitioner pleaded that the continuance of Pasha as the ISI director general be declared a direct contravention of Article 244 of the constitution and the Pakistan Army Act 1952 and he should be removed from the post. He said it was widely reported in the print as well as electronic media in and outside Pakistan that the Pasha had sought and got permission from senior Arab leaders to oust President Asif Ali Zardari, who was the Supreme commander of the armed forces. “Till today this allegation is not denied by Pasha or the ISPR,” he said.
Referring to a judgement in a case titled Benazir Bhutto Vs President of Pakistan, he said the it stated, “Facts given in newspapers having not been denied, would be considered undisputed facts” and if any such news item was not denied, it could be later used against him as a piece of evidence. “If we agree that the statements and contentions of Mansoor Ijaz in the memogate issue were correct, then what about his opinion concerning the ISI chief, in which Ijaz discloses that Pasha got consent from senior Arab leaders for the removal of President Asif Ali Zardari,” he asked. He said the news about Gen Pasha’s alleged steps for ousting Zardari, was alarming for the entire nation and it showed involvement of Gen Pasha and the army in politics, which was contrary to their oath taken under Article 244. He said the secret meeting of Gen Pasha with the Arab leaders clearly came under the purview of politics and in this way the ISI chief had hatched a conspiracy against an elected government and the president, therefore he deserved a court martial under Pakistan Army Act 1952.
SC moved for immediate removal of ISI chief
