Hamid Khan isn’t going anywhere. In a scathing letter to Amir Mahmood Kayani, secretary general of the PTI, he schooled him on the law, both Constitutional and PTI, and warned him that he would fight for workers being victimised by “evil elements” in the party.
The lawyer was responding to a show cause notice dated December 1 that had been issued to him. Addressing Kayani as the “purported secretary general”, he said, “It is strange that though the matter concerns internal working of the party, yet you have chosen to release it [show cause notice] to the media, print as well as electronic. It is a highly improper conduct on your part. Since you have gone to the media, therefore, I have every right to release my reply to the media as well.”
He said he received the letter on December 2, and expressed his surprise to find that Kayani had been appointed secretary general. Khan is one of the founding members of the PTI. His party membership was suspended for criticising the party, according to the notice issued to him by Kayani.
Before getting to the notice, he discussed a corruption case against Kayani. “I hope you have cleared yourself of such charges because you shouldn’t be serving in such an important capacity in the PTI being yourself under cloud,” he said, calling the notice a “malafide act meant to my tarnish image”.
“Let me inform you that show cause notices are required to be specific and detailed clearly spelling out the allegations contained therein to facilitate the respondent to appropriately and adequately respond to them. Nevertheless, I do not hold you responsible for that. If the entire legal team of the government could not draft a proper notification for appointment of COAS, as observed by the Honourable Supreme Court, how can I blame you for not being able to draft a proper show cause notice,” he said. He also schooled him on what should be in a show cause notice, such as clear allegations and evidence.
I cannot respond without clear statements of allegations, he reminded Kayani.
“You have made vague, ambitious and unintelligible allegations. When did I speak against the chairman? On what date and on what forum? Before which newspaper reporter or correspondent or TV anchor and if so, when?” asked Khan. He also questioned the timing of the notice, noting that he hadn’t done anything to annoy anyone within the party.
“It is my impression that my opinion, expressed in the media about the legality and constitutionality of the extension in service of the COAS and my stance on accountability of judges have disturbed the sensitivities of those belonging to the powers that be and my party has been pressurized by those quarters to take action against me. My impression might be wrong but it is important to know who has compelled you and the chairman to initiate proceedings against me,” he said.
Calling himself a founding father of the party, he said it is unheard of in the annals of democratic dispensation that a founding father or the party be removed or even suspended from the party. “Doing so would only negate the legitimacy of the party and its members. These are known to be ‘democratic conventions’, a concept perhaps way beyond your comprehension. However there is no harm in learning, even at any stage,” he told Kayani.
Khan also listed his experience drafting the party’s constitution, asking whether Kayani had ever read it. “It deeply hurts me when I observe and witness flouting of these objects and ideals at the hands of opportunists whose politics have always been repugnant to these objects and ideals,” he said, adding that genuine and sincere party members are getting estranged and disaffected while opportunists are destroying and subverting the ideology of the party.
“No order of suspension of membership can be passed before service of a show cause notice and the right of hearing,” he said, backing up his claims by quoting the Constitution. Khan accused Kayani of violating his right to due process and said he is liable to be proceeded against under the law and Constitution.
“Let me make it loud and clear that I will not quit the party under any circumstance. The party is my sweat and blood. I have spent thousands of man hours to give it its thought and direction. No opportunist, turncoat, land grabber and sugar or other corrupt mafias can force me out of the party,” he said.
“Staying within the limits of the law and the Constitution, I will do everything possible to protect and defend my party membership. I will stand by my fellow party workers through thick and thin, come what may. I will be their voice. I will not abandon them to be victimized by outrageously evil elements that have entered the party.”
He finished by saying he was waiting for Kayani to issue him a detailed show cause notice.