PDM should know it is not a matter of IG’s ‘grievances’ but trampling of Pak’s civilian State institutions under boots of Pak military. By Hem Raj Jain
10 Nov 2020
Sub: - Report of Army Chief inquiry is a fit case also of 'High Treason' as per Article 6 of the Constitution hence involvement of Sindh High Court is necessary.
The need for filing writ petition in Sindh High Court for getting FIR registered in the matter of abduction of IG Police of Sindh by ISI & Rangers (which was not possible without complicity of higher authorities of Pak Army and Federal government as mentioned at https://www.pakistanchristianpost.com/opinion-details/3708 ) has become even more after what the Inter-Services Public Relations (ISPR) said on November 10 that a probe into Sindh police chief Mushtaq Mahar’s “grievances” against the backdrop of desecration of Quaid’s mausoleum case against PML-N Vice President Maryam Nawaz and her husband Captain (retd) Safdar has been completed as reported at
As expected the result of this probe (ordered by Army Chief on the request of PPP head Bilawal Bhutto who is afraid of taking-on criminal elements of Pak military) has proved not only to be an exercise in protecting various authorities who are complicit in IG abduction case but has also shown that the Pak army considers the civilian State institutions (even police manned by officers from all Pakistan services and who are responsible not only for maintaining law & order in Pakistan but also for the safety & security of about 220 million Pakistanis) as some thing which can easily be trampled upon under its boots with impunity which is evident from the report as given below:-
(1)- As far as - “the court of Inquiry established that officers from Pakistan Rangers (Sindh) and ISI sector Headquarters Karachi were considerably seized with the fall out of desecration of Mazar-e-Quaid.” - It is an absurd argument because there is ‘Quaid-i-Azam Mazar Management Board’ (QMMB), an authority constituted under Section 5 (i) of the Quaid-i-Azam Mazar's Protection & Maintenance Ordinance 1971, which should have been concerned with the alleged fall out of desecration (if any) of Mazar-e-Quaid and not the Officers & Jawans of ISI & Rangers.
(2)- As far as - “They were under increasing public pressure to ensure prompt action as per the law. Assessing the response of police authorities against this developing yet volatile situation to be slow and wanting, in a charged environment, the concerned ISI / Rangers officers decided to act, rather over zealously, said ISPR.” - This is also an absurd argument because even if there was public pressure to ensure prompt action as per the law then QMMB should have filed FIR in concerned police station and if police did not do it then QMMB should have approached the concerned magistrate to get the FIR registered. But in no case the Officers & Jawans of ISI & Rangers are justified to abduct the IG for getting FIR registered by criminal intimidation.
(3)- As far as - “They were indeed experienced enough to have acted more prudently and could have avoided creating an unwarranted situation that led to a misunderstanding between the state institutions”. - This is unconvincing because without the complicity of higher authorities from Pak Army (ISI & Rangers) and Federal Government, these Officers & Jawans of ISI & Rangers would not have carried out this abduction of IG police.
(4)- As far as - “Based on the recommendations of the court of Inquiry, it has been decided to remove the concerned officers from their current assignments for further departmental proceedings and disposal at the military's General Head-Quarters (GHQ)”. - This should not be acceptable to the PDM as it is not only an exercise to protect all the higher authorities complicit in this abduction but it also tries to hide the mechanism through which such trampling of civilian State institutions under the boots of Pak military is done. Moreover the PDM should demand that these accused (Officers & Jawans from ISI & Rangers) should be handed over to police for further investigation.
(5)- In view of above mentioned the right course of action for the PDM is to get FIR registered (through Sindh High Court) in the local police station where said abduction took place and then the Investigating Officer will carry out a proper investigation for filing the charge sheet in concerned court against the abductors and their accomplice. Intervention of Sindh High Court is necessary because the crimes of the abductors and their accomplice is ‘High Treason’ as per Article 6 of the Constitution of Pakistan which reads as - “Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by USE OF FORCE OR SHOW OF FORCE or by any other unconstitutional means shall be guilty of high treason”.
Therefore instead of accepting this inquiry report by Army or waiting for two more reports of meaningless inquiries (one by Sindh government and other by Pak Senate Committee) when whatever 'Pakistan Democratic Movement' (PDM) wants to achieve (namely the civilian supremacy and rule-of-law) can easily be achieved through a petition in Sindh High Court then instead of further wasting time, energy and resources on meaningless activities, the PDM should immediately file a writ petition in Sindh High Court for getting FIR registered & for taking cognizance of ‘High Treason’ as per Article 6 of the Constitution in the matter of said abduction of IG Police of Sindh by Officers & Jawans of ISI & Rangers (which was not possible without complicity of higher authorities of Pak Army and Federal government).