Prayer in this petition is to issue a direction or order for the removal of respondent No.1 from the Office of the President of the Islamic Republic of Pakistan.
2. The above noted prayer has been made on the basis of following opinion/observation/ remarks made by respondent No.1 in his speech which he delivered at PTEA Export Excellence Awards, 2015 ceremony. {{ URDU TEXT }}
3. The above extract of the speech has piqued the petitioner. It is the case of the petitioner that the said opinion/observation/remarks are against the injunctions of Islam and the Constitution and, therefore, the respondent No.1 stands disqualified under Article 63 (g) of the Constitution of the Islamic Republic of Pakistan, 1973 to hold office of the President.
4. At the outset of hearing I confronted the petitioner, who is a practicing Advocate, with Article 47 of the Constitution of the Islamic Republic of Pakistan, 1973 and asked as to how the above noted prayer may be granted. In reply to this question he submits that the opinion/observation / remarks made by respondent No.1 in his speech are against tenets of Islam, provisions of law and the Constitution and, thus, on the basis of principle laid down in the case of Haji Rana Muhammad Shabbir Ahad Khan v Federation of Pakistan through Attorney General for Pakistan and another (PLD 2001 SC 18), Dr. Azim ur Rehman Khan Meo v Government of Sindh and another (2004 SCM R 1299) and Suo Motu case No. 15 of 2009 (PLD 2012 SC 610) every citizen and member of public has the duty to highlight and raise voice with respect to illegal and unconstitutional acts of the Head of the State; and, that this Court being custodian of the Constitution is bound to issue direction as prayed for in this petition.
5. Argument canvassed by the petitioner has not persuaded me to grant relief as prayed for in this petition. The President cannot be removed from his office except in accordance with the provisions of Article 47 of the Constitution of the Islamic Republic of Pakistan, 1973. The procedure as laid down in the said Article is that not less than one half of the total membership of either House, that is, the National Assembly or the Senate, may give to the Speaker of the National Assembly, or, as the case may be, to the Chairman, written notice, containing particulars of incapacity or of the charge, of their intention to move resolution for the removal of the President. If the notice of removal is received by the Chairman of the Senate, he will transmit it forthwith to the Speaker of the National Assembly. Upon receipt of notice, the Speaker shall within three days cause a copy of the notice to be transmitted to the President. It is made incumbent upon the Speaker to summon joint meeting of the two Houses not earlier than seven days and not later than fourteen days from the receipt of notice by him. The joint sitting may investigate or cause to be investigated the ground or the charge upon which the notice is founded. The President has the right to appear and be represented during the investigation, if any, and before the joint sitting. If, after consideration of the result of the investigation, if any, resolution is passed at the joint sitting by the votes of not less than two-thirds of the total membership of Mjlis-e-Shoora (Parliament) declaring that the President is unfit to hold the office due to his incapacity or is guilty of violating the Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution.
The action of impeaching the President "for violating the Constitution or gross misconduct" is designed to operate as a brake on the natural disposition, inclination or desire of the person holding office of the President, to act in a high-handed and unconstitutional manner or to otherwise misconduct himself.
The procedure for the commencement of impeachment proceedings has been designedly made difficult. The afore-stated procedure does not admit filing of a petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 for a direction or order to the Speaker of the National Assembly or the Chairman, Senate to initiate proceedings on a charge of violating the Constitution or gross misconduct against the President at the instance of a lawyer or a citizen. The wisdom seems to be that the President as the symbol of the unity of the Republic is entitled to the highest respect and esteem. In this regard reference may be made to the case of Shahid Orakzai v President of Pakistan, Islamabad and another (1999 SCM R 1598) wherein the Hon'ble Supreme Court held: (i) that the procedure prescribed in Article 47 of the Constitution cannot be enforced through Court proceedings; and, (ii) that just for the reason that the Court had struck down any action of the President partially or wholly on the ground that the same was not in accordance with the provisions of the Constitution, it cannot be held that the President is guilty of the charge of violating the Constitution. This Court, therefore, under Article 199 of the Constitution cannot take upon itself the exercise to record even a tentative finding that the President has violated the Constitution or committed misconduct warranting initiation of proceedings for his removal or impeachment under Article 47 of the Constitution as it will be contrary to the language and spirit of the said Article.
6. In the sequel, this petition is dismissed in limine.