Monday, January 9, 2012

Any official action by govt functionary, without approval is unconstitutional

Prime Minister Yousuf Raza Gilani Monday said that any official action by a government functionary without the prior approval of the government is unconstitutional and illegal. While giving an interview to People's Daily Online he referred to the observation of the Honourable Chief Justice of Pakistan that any act of a government functionary without the government's nod is unconstitutional and therefore illegal. The Prime Minister stated that in two simultaneous issues, one relating to the NATO attack on Pakistan's borders and the other relating to a letter written by one American national to another American, the civil and military leadership of Pakistan held detailed meetings and took immediate decisions. In case of the attack by the NATO, the Prime Minister said it was decided to refer the matter to the Parliamentary Committee on National Security. In the second case it was also decided to refer the matter to the Parliamentary Committee on National Security, besides accepting the resignation of Mr Hussain Haqqani. The Prime Minister stated that after having referred both the matters to Parliamentary Committee on National Security, the Supreme Court took suo motto action on the alleged Memo Case. He further pointed out that the responses given by the Army Chief and the DG (ISI) to the Supreme Court in connection with the alleged Memo controversy do not contain the approval of the Competent Authority as required under the Rules of Business. No summary seeking approval of the Competent Authority was initiated by the Ministry of Defence. Nor any approval was obtained from the Defence Minister in this regard.

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