Arif Alvi incapable to hold President’s post: Lawyer Hashmat Habib
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KARACHI: Dentist Dr. Arif Alvi has jumped over red zone provided under Article 47 of Constitution for his removal or impeachment from office of President.
Hashmat Habib President Tehreek-e-Tahafuz-e-Adlia referring presidential address to a joint sitting of Parliament attended by only 12 members said this unfortunate event reflects mental incapacity of President to understand pity situation prevailing because of his parent party boycott of session and subsequent decision of rulers.
He said presence of 12 members in joint sitting amounts to declaration by nation through their chosen representatives that Dr Arif Alvi stood removed and impeached as President on account of mental incapacity to understand consequences of this unfortunate happening and misconduct committed in recent past by unconstitutionally dissolving assembly and failure to perform his constitutional functions as per oath and act according to Constitution in respect to legislation leading towards subverting constitution punishable under Article 6, high treason.
He said Arif Alvi was elected as President and he is under oath, although defective to discharge his duties or perform his functions, honestly, to best of his ability, faithfully in accordance with Constitution of Islamic republic of Pakistan and law and always in interest of sovereignty, integrity, solidarity, well-being and prosperity of Pakistan but he failed to perform his functions which are a serious matter and Parliament should take steps under Constitution to protect dignity of office of President.
He said Article 47 of Constitution provides removal of President or his impeachment from office on ground of physical or mental incapacity or impeachment on charge of violating Constitution or gross misconduct. For this purpose President can be removed by not less than one-half of total membership of either House to give written notice to Speaker/Chairman of their intention to move a resolution for removal of, or, as a case may be, to impeach President and after compliance of codal requirements including investigation, it can be passed in joint session of both houses by votes not less than two-thirds of total membership of Parliament declaring President is unfit to hold office due to incapacity or is guilty of violating Constitution or gross misconduct.
Published in The Daily National Courier, October, 11 2022
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