Just to clarify a few points. I was in Pakistan when the 1973 Constitution was being formulated. At that time ZA Bhutto; after being a civilian CMLA and just become the President and there was no Prime Minister. Abdul Wali Khan, then the Chief spokesman of the opposition ensured that the Constitution is heavily tilted towards the Prime Minister; a post then vacant. Also because Wali Khan wanted to curtail Bhutto’s powers. ZAB agreed to all his suggestions with the aim of getting the Constitution accepted unanimously. As soon this was done, ZAB promptly resigned as President, made himself the PM and had Chaudhry Fazal Elahi elected as President. Fazal Elahi, hitherto a nonentity, was so elated that he was happy to continue as a ceremonial President.
Once Zia declared Martial law and then wanted a civilian government. He realized that President had no powers; that is why he insisted on clause 58 –II (B) which gave the power of dissolving the assembly to the President.
didnt know this history. So basically Pakistan made a constitution unanimously and ZAB became the PM constitutionally. So 58-II B is simply the wishes of a dictator, ZIa to have complete power. With this history, now I think removing that clause was the right thing to do. I was under the impression that the clause was originally there, but due to its misuse was removed.
By the way, I dont remember Zia to have even a facade of democracy, did he have one? If he didnt have one, why did he need this clause?
Regarding the current situation; I have been told that President wanted to impose Emergency quite a while back.
for the same reasons?
However, he was advised that his action could be nullified by the Supreme Court by a Suo Motu suspension of the Emergency Ordinance.
Thus Musharraf was forced to take extra constitutional means. There was an error in the execution of the order. Mushy had asked that the Judges are to be treated with courtesy. This delayed the entry of the security forces into the Supreme Court and the Judges had time to issue a Suo Motu rejection of the PCO. A major cause for trouble as it is very difficult for a Supreme Court decision to be overturned.
To be treated with courtesy?, delayed entry? Jana told that the first place army entered after declaring emergency was SC.
Mushy was also right not wait for the Supreme Court decision because if once he had been declared ineligible; he was a goner.
An individual Mushy was a goner, not Pakistan. For the sake of an individual, Mushy imposed emergency on the whole of Pakistan.
Let us not forget that a duly elected PM, Mr. Nawaz Sharif arranged storming of the Supreme Court when he feared that the judgment would go against him.
So what better is this Mushy better than NS? both wanted to cling to power whatever the means.
As already been suggested in the previous posts; things were going smoothly. Mushy had promised to shed uniform as soon as re-elected and hold free election by Jan15, 2008.
I put my gun to your head and say you give your whole wealth to me and after you give the wealth, I will remove the gun. I dont find any difference between these two.
The Supreme Court Judges carry a lot of blame of sabotaging this process and throwing the country into a chaos. They could have declared in his favour last week by disallowing the official notification of the Presidential Election results.
So, if it is against constitution and against justice, it is against justice and constitution. The SCJs just tried to do their job, that is their f*king job.
For heavens sake! this is politics where nothing is hundred percent black or white. This not clear cut “Amr bil maroof was nahi anil munkir” situation. Do honorable Justices of the Supreme Court not care about what chaos there actions were causing??
The moment courts start caring about chaos, only chaos will reign. If a murderer who is an MP, but can cause trouble of making chaos, is not punished because of his ability to cause chaos, only chaos will reign supreme.
If there ever was a conspiracy to sabotage Pakistan’s transition towards democracy,
This is the prime example.
conspiracy by whom? Who do you think are the prime backers of this and what exactly do they want? i.e. what is the ultimate aim of this conspiracy.
In my opinion our people, regardless of the position they hold; have not learnt the “Real Politick’ or diplomacy and the fact that peace and prosperity of Pakistan is more important than either their ego or the nay thing else. I don’t imply the Musharraf is blameless because you need two hands to clap.
Real Politick or diplomacy is not for courts. Justice for them should be more important than bruising of the ego of any individual.
WE have been discussing right and wrong of individual actions, we should worry about the future instead.
Only because those individual actions decide the future direction of Pakistan.