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ISLAMABAD: Knowingly or unknowingly Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan has appointed Chaudhry Muhammad Sarwar as organiser of the party in parts of Punjab in complete disregard to the Constitution.
Under the Constitution, a person in service of the government will have to wait for two years after his retirement or resignation, to qualify for a political assignment. Sarwar resigned a few months back, precisely on January 29, 2015, as Punjab governor and now has been given a political responsibility by Imran in PTI.
Article 260 of the Constitution, while defining the “Service of Pakistan” does not exclude the president and governors from these public offices while the prime minister, ministers and chief ministers are not included in the service of Pakistan.
The problems for the governor are constitutional as Article 260 of the Constitution, while defining the “Service of Pakistan” does not exclude governors from these public offices.
The Article 260 defines the service of Pakistan — “Service of Pakistan” means any service, post or office in connection with the affairs of the Federation or of a province and includes an All-Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of [274][Majlis-e-Shoora (Parliament)] or of a provincial assembly, but does not include service as speaker, deputy speaker, chairman, deputy chairman, prime minister, federal minister, minister of State, chief minister, provincial minister, [275] [attorney-general, [276] [advocate-general,] parliamentary secretary] or [277] [chairman or member of a Law Commission, chairman or member of the Council of Islamic Ideology, special assistant to the prime minister, adviser to the prime minister, special assistant to chief minister, adviser to a chief minister] or member of a house or a provincial assembly.”
Article 17 bars those in the service of Pakistan to take part in politics. The Article 17 give all citizens the freedom of association to a political party, but 17(2) puts a bar on those in the service of Pakistan by saying: “Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest, integrity and sovereignty of Pakistan.
Similarly, the Representation of People Act, 1976 puts a bar on any person, who has served in the government and has not fulfilled the constitutional limit of two years after retirement.
On his part, Imran has umpteenth times underscored the need for total compliance with the Constitution and has been castigating mainstream parties, including Pakistan People’s Party and the ruling Pakistan Muslim League-Nawaz for flouting the national document with impunity.
Though, no one has formally taken up the matter with PTI chairman, a hot discussion in the party circles is under way from the day, a notification was issued from the office of Imran for the appointment of interim set-up of which Sarwar is a part.
It is pertinent that the former governor himself has come from England, where supremacy of the Constitution and rule of law is ensured at all levels of the society. “If that is what the Constitution says, then we will not violate the Constitution. But we will get legal interpretation on it from our lawyers,” said Dr Shireen Mazari, who is Spokesperson of Imran, when The News contacted her on phone regarding the issue.
Imran flouts Constitution, appoints Sarwar as PTI organiser - thenews.com.pk
Sarwar was not available for comment, this correspondent tried to get his viewpoint on the subject
Under the Constitution, a person in service of the government will have to wait for two years after his retirement or resignation, to qualify for a political assignment. Sarwar resigned a few months back, precisely on January 29, 2015, as Punjab governor and now has been given a political responsibility by Imran in PTI.
Article 260 of the Constitution, while defining the “Service of Pakistan” does not exclude the president and governors from these public offices while the prime minister, ministers and chief ministers are not included in the service of Pakistan.
The problems for the governor are constitutional as Article 260 of the Constitution, while defining the “Service of Pakistan” does not exclude governors from these public offices.
The Article 260 defines the service of Pakistan — “Service of Pakistan” means any service, post or office in connection with the affairs of the Federation or of a province and includes an All-Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of [274][Majlis-e-Shoora (Parliament)] or of a provincial assembly, but does not include service as speaker, deputy speaker, chairman, deputy chairman, prime minister, federal minister, minister of State, chief minister, provincial minister, [275] [attorney-general, [276] [advocate-general,] parliamentary secretary] or [277] [chairman or member of a Law Commission, chairman or member of the Council of Islamic Ideology, special assistant to the prime minister, adviser to the prime minister, special assistant to chief minister, adviser to a chief minister] or member of a house or a provincial assembly.”
Article 17 bars those in the service of Pakistan to take part in politics. The Article 17 give all citizens the freedom of association to a political party, but 17(2) puts a bar on those in the service of Pakistan by saying: “Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest, integrity and sovereignty of Pakistan.
Similarly, the Representation of People Act, 1976 puts a bar on any person, who has served in the government and has not fulfilled the constitutional limit of two years after retirement.
On his part, Imran has umpteenth times underscored the need for total compliance with the Constitution and has been castigating mainstream parties, including Pakistan People’s Party and the ruling Pakistan Muslim League-Nawaz for flouting the national document with impunity.
Though, no one has formally taken up the matter with PTI chairman, a hot discussion in the party circles is under way from the day, a notification was issued from the office of Imran for the appointment of interim set-up of which Sarwar is a part.
It is pertinent that the former governor himself has come from England, where supremacy of the Constitution and rule of law is ensured at all levels of the society. “If that is what the Constitution says, then we will not violate the Constitution. But we will get legal interpretation on it from our lawyers,” said Dr Shireen Mazari, who is Spokesperson of Imran, when The News contacted her on phone regarding the issue.
Imran flouts Constitution, appoints Sarwar as PTI organiser - thenews.com.pk
Sarwar was not available for comment, this correspondent tried to get his viewpoint on the subject
