By Raza Ruman
Islamabad, Oct 11 (Pak Destiny) A Petition has been filed in the Supreme Court requesting it stop Prime Minister Nawaz Sharif from consulting his younger brother Punjab Chief Minister Shahbaz Sharif on military appointments.
Petitioner Shahid Orakzai said Prime Minister Nawaz Sharif had taken oath in June last that he will not “directly or indirectly communicate or reveal to any person any matter” which is brought under his “consideration or becomes known” to him as Prime Minister “except as may be required for due discharge of my duties as Prime Minister”.
“On Oct 7, the prime minister reportedly consulted his younger brother, the incumbent Chief Minister of Punjab Province in Lahore and on his political persuasion postponed the appointment of the Chairman Joint Chiefs of Staff Committee.”
“Under the Constitution, no Chief Minister can poke his nose in the military appointments or any matter relating to the “control and command of the Armed Forces” which is the exclusive domain of the Federal Government. Article 243 (1). ”
The petition further says: “Although the announcement to postpone the appointment of CJCSC was made by the Prime Minister’s Office in Islamabad, the actual decision is that of the Chief Minister Punjab. The CM Punjab also insists that the Prime Minister shall consult “all stakeholders and Party Leaders” before making any appointment.
“Except in the Council of Common Interest under Article 153 and the National Economic Council under Article 156, the Prime Minister cannot deliberate any matter face to face with a Chief Minister. No other Chief Minister did discuss the same issue with the Prime Minister. Under Article 105, a Chief Minister can give advice to the Governor but no Chief Minister can give any advice directly to the Prime Minister of Pakistan. The unconstitutional and illegal involvement of the Chief Minister Punjab has politicized the appointments under Article 243 and the Respondent needs to be stopped from taking the matter to any political forum of his Party or the coalition. The Constitution does not recognize any “stakeholders” with reference to the appointments of the officers listed in Article 243. The resolve of the PM and CM Punjab that appointments would be made on the basis of “merit” is all the more confusing because none of them can gauge the merit of military officers. The only commissioned officer in their family is a former ADC to Prime Minister, who had taken premature retirement as a captain.
The petitioner requested the court may restrain the prime minister from seeking the view of any person who is not a member of the Armed Forces and withhold any appointment under Article 243. – Pak Destiny