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Thursday March 28, 2024

Over 100 prominent academics demand ‘doctrine of necessity’ to be buried

In open letter, academics term ex-govt's actions as a major threat to the social cohesion and the well-being of the nation

By Arshad Yousafzai
April 06, 2022
Supreme Court of Pakistan. — SC website
Supreme Court of Pakistan. — SC website

In an open letter to Chief Justice of Pakistan Justice Umar Ata Bandial, more than 100 prominent academics and civil society leaders have demanded to bury the "doctrine of necessity" and urged "no compromise to be made in determining the legality of actions" taken by Deputy Speaker of National Assembly Qasim Suri in dismissing the no-confidence motion against Prime Minister Imran Khan.

The letter terms the former government’s actions as a major threat to the social cohesion and the well-being of the nation. It demands that responsibility should be fixed and exemplary retribution ensured to deter any future excesses.

The letter also demanded a judicial commission to be set up comprising serving judges of the Supreme Court to adjudicate the evidence regarding the alleged foreign conspiracy to subvert the political process in the country.

It maintains, however, that due process cannot be suspended, and the fundamental right of parliamentarians to vote cannot be violated on the basis of unsubstantiated allegations.

The signatories of the letter include senior educationists, vice-chancellors, journalists, and human rights activists.

They include such names as human rights activists Haris Khaleeq, Karamat Ali, Khawar Mumtaz, Dr Ammar Ali Jan, lawyer Salman Akram Raja, former SAPM on Health Zafar Mirza, HEC Chairperson Dr Tariq Banuri, journalists Najam Sethi, Aamir Ghouri and Mohsin Baig, educationists, and writers Dr Ishtiaq Ahmad, Salima Hashmi, Dr Ayesha Razzaque and Gen Talat Masood, among many others.

The signatories emphasised the primacy of the Constitution as a sacred covenant between all sections of the society and the ultimate expression of the collective will of the people.

It observed that unconditional and strict adherence to the Constitution is the only way to establish and sustain a peaceful, civilised, and prosperous society and avoid widespread lawlessness and anarchy.

The letter contended that the decision the apex court takes concerning the supremacy of the Constitution would shape the destiny and trajectory of the national existence.

"The honour and well being of our future generations lie only in adherence to the Constitution and inclusive politics epitomizing mutual acceptance of mandates, level playing field and basic norms of decency," it argues. The signatories expressed hope that his lordship’s unwavering commitment to constitutionalism and unbounded passion for justice will guide the nation through these troubled times.