ISLAMABAD: The Islamabad High Court (IHC) was approached on Saturday through a petition to seek disqualification of MNA Mohammad Ali Wazir and a declaration that the Pashtun Tahafuz Movement (PTM) is involved in anti-national activities.
The petition was filed through Khurram Shehzad Chughtai by Abul Wali, an undergraduate student of political science and history who belongs to a middle class family of erstwhile Federally Administered Tribal Areas.
The petitioner has requested the high court to order the federal government to determine the status of the PTM and declare it an organisation involved in anti-national activities.
The petition has also sought a directive for the government to investigate alleged unlawful operations and activities by the PTM by exposing its membership, funding and links with elements/entities operating against sovereignty, security and integrity of Pakistan.
The declaration should come while considering the principles laid down by the Supreme Court in a number of earlier judgements as well as under Section 2 (a)(iii) of the Prevention of Anti-National Activities Act, 1974, the petition argues.
It asks the IHC to order the respondents to take cognizance against the PTM and Mr Wazir and restrict, control and censor their publications under the applicable laws in the larger public interest to maintain political, social and public order.
The petition also seeks a declaration that the alleged acts and deeds of Mr Wazir are in contravention to the interest and integrity of Pakistan for violating Article 5 of the Constitution and the oath of office and also disqualify him in view of Articles 62 and 63 of the Constitution for his contemptuous remarks against the judiciary.
As an interim relief, the government should provide security to the petitioner, the petition pleads.
Being the holder of public office, the MNA is first and foremost fiduciary and trustee for the people of Pakistan and when performing the functions of his office, he should have no interest other than the interests of the people, the petition says.
However, it alleges, Mr Wazir is taking decisions which are often of grave consequence for the protection of economic, political and over-all national interests of the country.
According to the petition, in other words, there is a fiduciary duty of the highest order and its violations have three legal consequences which are being ignored by the government.
Published in Dawn, March 15th, 2020