ISLAMABAD: A senior lawyer who represented intelligence agencies in the missing person’s case has asked the Supreme Court to interpret the oath of the Chief of Army Staff (COAS) and assess his role in state affairs.
Article 184 (3) of the Constitution allows for a petition to be filed in the Supreme Court, which Raja Irshad has done.
In his petition, Raja argued that “the scope of aggrieved person has been enlarged by allowing one person to voice and plead the grievances of the entire society” under Article 184 (3) of the Constitution.
According to him, the issues raised in this petition are extremely significant to the general public and have to do with the protection of constitutional rights guaranteed by Section 1.1 of Title II. Fundamental rights are outlined in Chapter 1 Articles 8–28 of the Constitution of the Islamic Republic of Pakistan. Respect for these rights is essential for the development of a just and civil society in Pakistan, it argued.
Article 14 of the Constitution guarantees “the inviolability of the human person,” a right that is routinely disregarded by the State’s executive branch. The Constitution mandates that “this Hon’ble Court must save the countless millions who are at the mercy of the arrogance of the State’s executive organs.”
The petition reads, “In light of the above submission it os [is] prayed that this Hon’ble Court may be pleased to declare that the State of Pakistan is facing Chaotic Conditions and there is anarchy and Lawlessness due to lack of Constitutional Governance in the Country.”
The petitioner asked the court to order the first five respondents (the government) to uphold the country’s constitution in their respective roles as president, prime minister, COAS, minister of law and justice, and minister of defence.
Respondent No.3 (the army head) has requested that “this Hon’ble Court” interpret his oath in order to establish his position in the running of the state.
It further said that the court could issue any other order or relief necessary under the circumstances to achieve the interests of justice.
