ISLAMABAD – A petition has been filed in the Supreme Court against the sacking of the defence secretary and to restrain the Prime Minister from passing any adverse order against chief of army staff (COAS) and DG inter-services intelligence (ISI) till the adjudication of the instant case.

The application was filed by Tariq Asad advocate under Order 33, Rule 6 of the Supreme Court Rules for interim relief making the Federation and others as respondents through Secretary Ministry of Defence, Rawalpindi.

The applicant requested the court to suspend the termination orders of the defence secretary Lt-Gen (r) Naeem Khalid Lodhi, besides passing an order of status quo so that no adverse orders may be passed against the COAS and DG ISI and the latter be restrained from taking any unconstitutional or extra-constitutional steps in vengeance.

The applicant stated that the 'memo' conspiracy was plotted in May 2011 against the Army, ISI and the sovereignty of Pakistan for their personal objectives. He said the Army and ISI were the only organs of the state which were protecting the security and sovereignty of the country with great responsibility and had expressed their allegiance to the sovereignty of Pakistan and its Constitution as the first priority.

He said in retaliation for the replies filed by the COAS and DG ISI through defence secretary and the judgment passed by the apex court in the Memogate and NRO cases, the prime minister sacked the defence secretary, besides levelling serious allegations against Gen Kayani and Shuja Pasha.

He said Inter-Services Public Relations (ISPR) issued a tersely-worded statement in response to prime minister's remarks in an interview with a Chinese Newspaper on January 9, wherein he had said that the affidavits filed by the COAS and the DG ISI in memo case were illegal and unconstitutional.

He said there could be no allegation more serious than what the prime minister levelled against the COAS and DG ISI. He said there were further apprehension that any adverse orders could also be passed against the COAS and DG ISI, which might result into confrontation.

And, in such a tug of war between the parties, any unconstitutional action might be taken which could cause suspension of the fundamental rights of the citizens as occurred several times in the past, hence this application was filed to save the Constitution and the fundamental rights of the citizens.

He said the people of Pakistan had reposed confidence in the present government and the president and prime minister had taken oath under the Constitution to protect, preserve and defend the sovereignty of the country and the Constitution, but they were creating confrontation with the institutions, with the superior courts and the army.

He said the defence secretary was sacked for being not in good faith and the army chief and ISI chief were being threatened. He said the COAS has expressed his opinion that his prime consideration was allegiance to the state and the Constitution and the charges levelled against him and the ISI chief by the prime minister were serious which might cause serious repercussions.