SC moved to determine army chief’s role in affairs of state

A senior attorney, who had previously represented intelligence agencies in the missing persons case, has now approached the Supreme Court. The purpose of this approach is to seek clarification on the Chief of Army Staff’s (COAS) oath and to define his involvement in state matters.

Raja Irshad has submitted a petition to the highest court, utilizing Article 184 (3) of the Constitution. In his petition, Raja pointed out that Article 184 (3) of the Constitution provides an open-ended framework, expanding the scope of individuals who can raise concerns on behalf of society as a whole. He emphasized that the issues raised in this petition hold significant public importance regarding the protection of fundamental rights established in Chapter 1 of Part-II of the Constitution. The petition highlighted that the Constitution of the Islamic Republic of Pakistan, from Article 8 to 28, enshrines fundamental rights, the observance of which is essential for the people of Pakistan to live with dignity and civility.

The petition stressed the inviolable dignity of individuals, as outlined in Article 14 of the Constitution, and expressed concern about its violation by the executive branch of the government. It called upon the Honorable Court to fulfill its constitutional duty by coming to the aid of the countless citizens who suffer due to the high-handedness of state executive bodies.

Based on these arguments, the petition requested the Honorable Court to declare that Pakistan is currently experiencing chaotic conditions and a state of anarchy and lawlessness due to the absence of constitutional governance. Furthermore, the petitioner urged the court to direct the first five respondents, including the president, prime minister, COAS, Ministry of Law and Justice, and Ministry of Defence, to establish and maintain constitutional governance in the country.

Lastly, the petitioner sought the court’s interpretation of the COAS’s oath to clarify his role in state affairs, and any other appropriate orders or relief deemed necessary in the circumstances of the case to advance the cause of justice.