More than 100 prominent persons write to CJP: Revival of ‘necessity doctrine’ feared

ISLAMABAD: More than 100 prominent academics and civil society leaders have written an open letter to Chief Justice of Pakistan Justice Umar Ata Bandial demanding no compromise to be made in determining the legality of actions taken by Deputy Speaker of National Assembly Qasim Suri in rejecting the no-confidence motion against the prime minister.

The letter terms the former government’s actions a major threat to the social cohesion and the wellbeing 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 fundamental right of parliamentarians to vote cannot be violated on the basis of unsubstantiated allegations.

“We have noted with enormous distress the aggressive and contemptuous manner in which the Constitution of Pakistan was violated by the outgoing government. This is a major threat to the social cohesion and well-being of the nation. This action has brought us to the ignominious juncture where the ‘doctrine of necessity’ is again being invoked by some to suspend due process and violate the fundamental right to vote on the basis of unsubstantiated claims of alleged foreign interference in the political process,” the letter says.

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, Ms 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 Ghauri and Mohsin Baig, educationists and writers Dr Ishtiaq Ahmad, Ms 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 Constitution of Pakistan represents the social contract between the state and the society. It provides the framework to govern the country. It is the basis for cooperation between the federating units. It is a sacred covenant between all sections of the society and the ultimate expression of the collective will of the people. It guarantees the fundamental rights of citizens and provides due process to place necessary limits on the exercise of executive authority,” the letter reads. The letter contended that the decision the Supreme Court takes today concerning the supremacy of Constitution will shape the destiny and trajectory of our national existence.