Another NRO in the making?

Adeel

Founder
Wednesday, June 24, 2009
The manner in which the federal government is pursuing the Nawaz Sharif plane hijacking case in the review petition being heard by a Supreme Court bench could well be termed another NRO in the making. On instructions of the prime minister the Sindh advocate general has been stopped from defending the case and the government has facilitated the court in dismissing incriminating evidence related to the pardon documents and the deal that the Sharifs had signed before getting the remission from the former government.

A perception has been created through the media that as prime minister, Nawaz Sharif was authorised to (1) sack the COAS while he (the COAS) was on board a flight from Colombo to Karachi and (2) divert the PIA flight from its destination.

The COAS is a constitutional appointee under Article 243 of the constitution of Pakistan. Removal of Musharraf by Sharif in 1999 without following the laid down process was as wrong as the removal of the chief justice of Pakistan by Musharraf on November 3, 2007. All serving military officers serve under the Pakistan Army Act, and the process of their pre-mature removal is laid down under the Pakistan Army Act in the Manual of Pakistan Military Law and the Army Rules and Regulations.

According to these rules, a serving military officer can only be removed from service either (a) if he resigns as a result of a court of inquiry which through adequate evidence establishes violation of military discipline or (b) through a Field General Court Martial or (c) if he decides to resign voluntarily. Even an ordinary soldier, what to talk of a general, cannot be removed without going through the process, a similar procedure is in vogue for every government servant. A military coup against the sitting government was not justified but neither was the sacking of the COAS by the prime minister without serving a show-cause notice.

As for the assertion that the prime minister is authorised to divert a plane, international law on civil aviation clearly states that when in air, the captain of the aircraft is in charge and no body (prime minister, president or even the COAS) can assume control. Had the brave PIA pilots not force-landed at Karachi, the aircraft which had only a few minutes fuel would have crashed after running out of fuel, resulting in the loss of hundreds of lives.

Musharraf ordered the creation of the infamous NRO to wash away the sins of the PPP leaders -- now the same is being done for the Sharifs (although the president isn't behind this one). It is hoped that the chief justice will not only undo the NRO but also intervene to stop the government in facilitating convicts to get relief through review petitions.

Danyal Aziz

Rawalpindi