Military govt’s orders need NA approval: Pirzada

ISLAMABAD: Senior advocate Abdul Hafeez Pirzada has contended that orders by military governments cannot continue as valid pieces of legislation without parliament’s approval.

“Such orders cannot be the law of the land without the approval of the legislature,” said Mr Pirzada while arguing before a full bench of the Supreme Court (SC) in a case by PIA employees Akbar Khan and others on Friday.

The SC bench consisted of Chief Justice Nazim Hussain Siddiqui and Justices Abdul Hameed Dogar and Faqir Mohammed Khokhar. Mr Pirzada said that the first government of the Pakistan People’s Party had also validated some orders promulgated by military ruler General Yahya Khan to run day-to-day affairs.

Mr Pirzada contended that the validation of the abrogation of the 1956 Constitution in the Doso case had paved the way for repeated military intervention in the country. He cited the case of Ayub Khauro, the defence minister before the martial law of 1958 who had extended the tenure of General Ayub Khan as the Commander-in-Chief of the Pakistan Army. After the imposition of martial law, the former defence minister faced the music and was grilled on fabricated corruption charges, he added.

He contended that Martial Law Order (MLR) 52 was promulgated during the military rule of General Ziaul Haq in 1981 and PIA employees were terminated from service. Benazir Bhutto formed a review board on May 20, 1989 to review the termination cases.

He said that the employees were reinstated with retrospective benefits on recommendation by the review board. The matter was taken to court but a compromise was approved in 1995.

But the matter did not end and the respondent delayed the implementation of the agreement, he added. He said that a contempt petition was later filed in the SC and a review petition was made by the respondents in 1996. Assured that its orders would be implemented, the court disposed of the contempt petition, he added.

Mr Pirzada was still at the rostrum when the hearing was adjourned for May 17. —Online

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