Being in ‘service of Pakistan’ Kirmani could not be a senator

ISLAMABAD: Despite allotment of the Pakistan Muslim League-Nawaz (PML-N) ticket for the March 5 Senate election and a sure win, Dr Asif Kirmani, the political secretary of the prime minister, withdrew from the contest as it transpired to him that he falls in the ‘service of Pakistan’.
Those placed in this category are ineligible to contest for an elected office for two years under the Constitution.It is learnt that even shortly before the award of the ticket from Punjab, suave Dr Kirmani was unaware that he was hit by the service of Pakistan restriction. Only after the PML-N sponsorship was accorded to Dr Kirmani, it was explained to Prime Minister Nawaz Sharif and the political secretary that the ban applies to the ticket holder.
A source close to the political secretary told The News that had Dr Kirmani been told at the time of accepting the formal official position, he would have avoided it and preferred to work in an informal way. “It was the duty of the official legal team and bureaucracy to brief him about his status,” the source said. “Sadly it was not done.”
Since long, Dr Kirmani is working as a close aide to Nawaz Sharif even before the latter was elected as Prime Minister.
Article 63(1)(k) of the Constitution says a person will be disqualified from being elected or chosen as, and from being, a member of the Parliament if he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service.
According to article 260, the 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 Parliament or of a Provincial Assembly.
However, the provision exempts from the service of Pakistan the Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister, Attorney-General, Advocate-General, Parliamentary Secretary or Chairman or member of a Law Commission, Chairman or member of the Council of Islamic Ideology, Special Assistant and adviser to the Prime Minister, Special Assistant and adviser to a Chief Minister, or member of a House or a Provincial Assembly.
All others not listed in these exclusions, who are entitled to government salary, perks and privileges whether or not they avail of them, fall in the service of Pakistan and face the restriction to contest any election for two years. The period starts from the day they cease to hold their offices.