Humble Pakistani
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It is sad to see our nation forget the history and start making judgments without remembering the details. Pakistan is a young nation, just in its mid sixties, but seems as if it has gone through the fires of hell. Today, it looks like a million years old; all haggard and worn out. Who is to be blamed All of us, who have a voice, but never, have the guts to call a spade a spade. We are so wrapped up in our ethnicities, our provincialism, our language, our tribe, our sect, our religion and other stuff that we never see ourselves as Pakistanis first.
All I see is injustices by the ones who claim to be the champions of Justice in Pakistan. In 1954, was it not Pakistans Chief Justice, Mohammad Munir, who used the Doctrine of Necessity to validate the extra-constitutional use of emergency powers by then Governor General, Ghulam Mohammad, who dissolved the Constituent Assembly and appointed a new Council of Ministers on the grounds that the existing one no longer represented the people of Pakistan. This was the first unofficial Martial Law imposed in Pakistan.
On Oct 7, 1958, President Iskandar Mirza, imposed Martial Law with the help of the army, abrogated Constitution of 1956 and appointed General Ayub Khan as Chief Martial Law Administrator. However, Ayub Khan arrested Iskandar Mirza after one week, exiled him to Britain and assumed all the powers. Although imposition of that Martial Law is referred to Iskandar Mirza, practically it was successful due to the help of the army, and the then army chief was Ayub Khan. Thats why the First official Martial law in Pakistan is attributed to Ayub Khan. This was also validated by the Supreme Court of Pakistan.
The second official martial law was imposed on 25 March 1969, when President Ayub Khan abrogated the Constitution of 1962 and handed over power to the Army Commander-in-Chief, General Agha Mohammad Yahya Khan. This act was also validated by the Supreme Court Judges. The irony was that the elected politician Zulfikar Ali Bhutto took the office as the Chief martial law administrator.
The third martial law was imposed on July 5, 1977 by then Army Chief, General Zia ul Haq, by disposing off the elected government of Zulfikar Ali Bhutto. Chief Justice Anwarul Haq validated this unlawful act.
On October 12, 1999, the government of Prime Minister Nawaz Sharif was dissolved, and the Army took control once more. But no martial law was imposed. General Pervez Musharraf took the title of Chief Executive until the President of Pakistan Rafiq Tarar resigned and General Musharraf became the President. Elections were held in October 2002, and Mir Zafarullah Khan Jamali, became the Prime Minister of Pakistan. Jamali premiership was followed by Chaudhry Shujaat Hussain and Shaukat Aziz. While the government was supposed to be run by the elected Prime Minister, there was a common understanding that important decisions were made by the President General Musharraf. Let me remind you again that this act of General Pervez Musharraf was validated by the bench headed by Chief Justice Irshad Hasan Khan, there sat an up-and-coming jurist, stern of eye and distinguished of look, by the name of Iftikhar Muhammad Chaudhry. He was among the illustrious upholders of the law, and the Constitution, who gave Musharraf and his generals a clean chit.
Before that, Musharraf, following the example of military saviors before him, had issued another Provisional Constitutional Order (PCO) requiring judges of the high courts, and the Supreme Court, to take a fresh oath pledging obedience to the new order. A few honest judges among them Chief JusticeSaeeduzzaman Siddiqui, Justices Wajeehuddin, Nasir Aslam Zahid, Mamoon Qazi, Khalilur Rehman, Kamal Mansoor Alam rejected Musharrafs PCO and promptly found themselves without a job. But a majority, including Justice Iftikhar Muhammad Chaudhry, saw nothing wrong in validating Musharraf and his triumphant general. On November 3, 2007, President General Musharraf declared the state of emergency in the country, which is claimed to be equivalent to the state of martial law as the constitution of Pakistan of 1973 was suspended, and the Chief Justices of the Supreme Court were fired. On November 12, 2007, Musharraf issued some amendments in the Military Act, which gave the armed forces some additional powers. This act was also validated by the Supreme Court and Chief Justice Dogar.
Because of our short memory, I took the liberty of giving my readers a history of martial law and the role of Judiciary in making them legal. Today, Musharraf is on trail and treated like a petty criminal. His nomination papers for election were rejected, while, all who were rejected by the election commission on one corruption, or other, have been cleared to run for elections. If anyone should stand trial today, it should be the Judiciary of Pakistan starting from Justice Mohammad Munir, to the current Chief Justice Iftikhar Chaudhry, and not one former General, who has been the biggest advocate of Pakistan.
Source:pkhope[.com]
All I see is injustices by the ones who claim to be the champions of Justice in Pakistan. In 1954, was it not Pakistans Chief Justice, Mohammad Munir, who used the Doctrine of Necessity to validate the extra-constitutional use of emergency powers by then Governor General, Ghulam Mohammad, who dissolved the Constituent Assembly and appointed a new Council of Ministers on the grounds that the existing one no longer represented the people of Pakistan. This was the first unofficial Martial Law imposed in Pakistan.
On Oct 7, 1958, President Iskandar Mirza, imposed Martial Law with the help of the army, abrogated Constitution of 1956 and appointed General Ayub Khan as Chief Martial Law Administrator. However, Ayub Khan arrested Iskandar Mirza after one week, exiled him to Britain and assumed all the powers. Although imposition of that Martial Law is referred to Iskandar Mirza, practically it was successful due to the help of the army, and the then army chief was Ayub Khan. Thats why the First official Martial law in Pakistan is attributed to Ayub Khan. This was also validated by the Supreme Court of Pakistan.
The second official martial law was imposed on 25 March 1969, when President Ayub Khan abrogated the Constitution of 1962 and handed over power to the Army Commander-in-Chief, General Agha Mohammad Yahya Khan. This act was also validated by the Supreme Court Judges. The irony was that the elected politician Zulfikar Ali Bhutto took the office as the Chief martial law administrator.
The third martial law was imposed on July 5, 1977 by then Army Chief, General Zia ul Haq, by disposing off the elected government of Zulfikar Ali Bhutto. Chief Justice Anwarul Haq validated this unlawful act.
On October 12, 1999, the government of Prime Minister Nawaz Sharif was dissolved, and the Army took control once more. But no martial law was imposed. General Pervez Musharraf took the title of Chief Executive until the President of Pakistan Rafiq Tarar resigned and General Musharraf became the President. Elections were held in October 2002, and Mir Zafarullah Khan Jamali, became the Prime Minister of Pakistan. Jamali premiership was followed by Chaudhry Shujaat Hussain and Shaukat Aziz. While the government was supposed to be run by the elected Prime Minister, there was a common understanding that important decisions were made by the President General Musharraf. Let me remind you again that this act of General Pervez Musharraf was validated by the bench headed by Chief Justice Irshad Hasan Khan, there sat an up-and-coming jurist, stern of eye and distinguished of look, by the name of Iftikhar Muhammad Chaudhry. He was among the illustrious upholders of the law, and the Constitution, who gave Musharraf and his generals a clean chit.
Before that, Musharraf, following the example of military saviors before him, had issued another Provisional Constitutional Order (PCO) requiring judges of the high courts, and the Supreme Court, to take a fresh oath pledging obedience to the new order. A few honest judges among them Chief JusticeSaeeduzzaman Siddiqui, Justices Wajeehuddin, Nasir Aslam Zahid, Mamoon Qazi, Khalilur Rehman, Kamal Mansoor Alam rejected Musharrafs PCO and promptly found themselves without a job. But a majority, including Justice Iftikhar Muhammad Chaudhry, saw nothing wrong in validating Musharraf and his triumphant general. On November 3, 2007, President General Musharraf declared the state of emergency in the country, which is claimed to be equivalent to the state of martial law as the constitution of Pakistan of 1973 was suspended, and the Chief Justices of the Supreme Court were fired. On November 12, 2007, Musharraf issued some amendments in the Military Act, which gave the armed forces some additional powers. This act was also validated by the Supreme Court and Chief Justice Dogar.
Because of our short memory, I took the liberty of giving my readers a history of martial law and the role of Judiciary in making them legal. Today, Musharraf is on trail and treated like a petty criminal. His nomination papers for election were rejected, while, all who were rejected by the election commission on one corruption, or other, have been cleared to run for elections. If anyone should stand trial today, it should be the Judiciary of Pakistan starting from Justice Mohammad Munir, to the current Chief Justice Iftikhar Chaudhry, and not one former General, who has been the biggest advocate of Pakistan.
Source:pkhope[.com]
