The Supreme Court (SC), hearing Asghar Khan case on Thursday, gave a go-ahead to make President Asif Ali Zardari a defendant in the case and issued him a notice for the purpose.
Heading a three-member bench of apex court, Chief Justice Iftikhar Muhammad Chaudhry said there should be no political activities at the President House, as president of the country is a constitutional head and supreme commander of the state.
The bench also expressed displeasure over the absence of Attorney General of Pakistan Irfan Qadir.
Justice Khilji Arif Hussain in his remarks said the performance of the subordinate institutions is affected if the president of the country forms a political cell.
The court, granting the plea by former chief of Pakistan Air Force Asghar Khan’s counsel Salman Akram Raja, made President Asif Ali Zardari a respondent in the case regarding political funding by the Inter-Services Intelligence (ISI) in the run up to 1990 elections.
The court issued a notice to President Zardari through his Principal Secretary.
Earlier, the defence ministry re-submitted its statement, signed by Secretary Defence Lt-Gen (Retd) Asif Yasin Malik. The statement asserts that no political cell exists now in any of its subordinate departments.
It should be mentioned here that defence ministry has filed its rejoinder.
Interior Secretary KM Siddiq Akbar also appeared before the bench hearing a 1996 petition based on an affidavit of former ISI chief Lt-Gen (Retd) Asad Durrani.
The hearing was adjourned till October 15.
In a constitutional parliamentary democracy, there is no political role for the President, other than a constitutional head symbolizing the federation and not as an active head of a specific political party. When this principle is flouted than the Constitutional Head of State is seen abusing the instruments of state for political benefits leading to divsion instead of being a source and symbol of federation. It happened when martial law was repeatedly imposed in Pakistan and the federation weakened and unfortunately the same mistake is being repeated in a democratic setup violating the spirit of 1973 constitution.
Good move by CJP. I wish he takes notice of SPLGO and strikes it off.
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