Pakistan under Martial Law not Emergency
Rizwan Ghani
November 07, 2007
The International community should recognize ground realties in Pakistan and act quickly to avoid another Burma like situation in the region.
In view of the legal experts, Pakistan is under Martial law not emergency or emergency plus because country’s constitution is held in abeyance by the orders of chief of army staff (COAS) not president of Pakistan. According to the country’s constitution, the president can only impose emergency. The 3rd November Provisional Constitutional Order (PCO) has been issued by the COAS, not the president. There is no provision in country’s constitution allowing COAS to issue PCO.
The legal experts are of the view that in absence of the constitution the national assembly, the four provincial parliaments and their cabinet automatically stand dissolved.
It is opined that use of word emergency is a coarse media spin on part of Islamabad to bluff its western allies in an attempt to stay in power and avoid ban on international financial assistance including 1995 foreign assistance US democracy law. The financial experts are of the view that the aid is critical due to sustain poor economy of the country. Reportedly, 86 percent population is living below two dollar a day international poverty standards, and growing inflation is turning life into a struggle at the grassroots.
Musharraf’s move is being termed as charge sheet against his own government. Majority of country’s civil society and politicians including Benazir Bhutto, the chairperson of Pakistan’s People Party have termed the coup as Musharraf’s second Martial Law. They have rejected Musharraf’s argument of imposing martial law to eradicate extremism. ‘Instead, it will strengthen radicalism as dictator and radicals are source of strength for each other’, said Benazir.
After four days of the imposition of martial law in Pakistan it is now clear that it was imposed to surgically remove apex court judges to avoid expected judgment against Musharraf, barring him from holding office of president while staying in uniform’. Said Imran Khan in his video statement. He is in hiding to avoid arrest.
The public in Pakistan has taken martial law as an attack on independence of judiciary and media. According to a Lahore High Court judge the initial refusal of sixty judges out of total ninety-five judges of country’s superior courts to take oath despite arm twisting and promises of rewards on part of government supports the perception. The observers are of the view that the growing intensity and frequency of lawyers countrywide protests forecast deepening political crisis and it is only matter of time calls will grow louder for Musharraf’s resignation.
Reportedly, one of the South Asian experts in Washington Post wrote that it will surprise her if Musharraf last for another six months. The arrest of Atizaz Ehsan, President Supreme Court Bar Association, Presidents of Sindh and Lahore High Court Bar Associations and house arrest of judges. The arrests/house arrests of seventy human right activists including Asma Jehangir and nationalist political leadership shows that Islamabad is struggling for legitimacy.
World community cannot afford to ignore attack on independence of judiciary in Pakistan. It will have far-reaching negative consequences for independence of judiciary and its struggle in restoration of democracy in Pakistan. It will equally encourage abuse of state machinery including police excesses against public.
Musharraf showed his frustration over superior judiciary role in ‘missing person’s cases. New York time in one of its editorials earlier in 2007 called for courts’ role in fight against terrorism. Musharraf’s action against superior judiciary has undermined writ of law. Judiciary cannot overlook violation of civil liberties guaranteed by the constitutional, indefinitely. Reportedly, despite holding suspects for three years and more, concerned failed to defend unlawful arrests before apex courts.
Musharraf instead of punishing inefficiency ousted judges for dispensing justice in ‘missing persons’ cases in accordance to the law. Reportedly, government has decided to reduce the number of apex court judges from 17 to 12. The move has come in wake of reports that some 70,000 plus cases are pending in courts. Islamabad instead of expanding current judiciary fourfold as recommended to clear the backlog has reduced its strength. The firing of judges opposing Musharraf has backfired. The civil society, legal community, politicians and public are demanding reinstatement of ousted judges to restore independence of judiciary.
The ouster of judges versus punishment of ten-law enforcement personal involvement in manhandling of chief justice of Pakistan case has undermined the respect of judiciary and law and has sent a negative message to the already oppressed public who believes that Musharraf like past rulers is using state machinery to suppress democracy and undermine rule of law. It is therefore of critical importance that ousted judges are reinstated to end culture of bureaucratic and political victimization in Pakistan. Independence of judiciary is equally important to protect democracy against future martial laws in Pakistan.
Advance world including EU, CW and UN should play a positive role to help restore civil and democratic liberties usurped by the martial law in Pakistan. Due to martial law public’s right to freedom of speech, right to assemble, conduct business, be part of unions and other basic human rights have been withdrawn. The ongoing clampdown against human rights activists, lawyers, media and holding political rallies are cases in point. Reportedly, some 5000 lawyers, human rights activists and political workers have already been arrested.
Reportedly, Islamabad is refusing to give a definite election time frame amid speculations of a year’s extension for the unlawful assembly in wake of suspended constitution. These developments are fueling speculation and uncertainty. Global community in step with Netherlands, Switzerland, Australia, Canada, and UN Sec. General’s statement for release of arrested protesters and restoration of constitution should exert its moral influence to help restore constitution and reinstate ousted judges to restore independence of judiciary. Banki Moon has condemned arrests in Pakistan as violation of international human rights. The International community should recognize ground realties in Pakistan and act quickly to avoid another Burma like situation in the region.
There is a strong pressure within Pakistan for withdrawal of latest clampdown on country’s print and electronic media and the ‘blackout ‘of private TV channels. International community should support restoration of public’s constitutional right to access to information and freedom of speech. Reportedly, Musharraf believes that handful of TV channels are biased, distort country’s image and spread discontentment. Critics have rejected the logic. It is opined that it is the legal and moral right of the public not Musharraf to judge right from wrong. General (Retd.) Durrani, ex-DG ISI and a close confidant of Musharraf while talking to Geo TV said that image is what reality is. Media can only make a difference of 5-10 percent but it cannot hide reality.
Finally, Musharraf can still undo the damage and help Pakistan to return to true democracy in national interest. He as demanded by the politicians including Nawaz Sharif should resign. The Senate Chairman in accordance to the constitution should take over the interim setup to help restore true democracy in Pakistan starting with holding of January 2008 scheduled parliamentary elections.
In view of the legal experts, Pakistan is under Martial law not emergency or emergency plus because country’s constitution is held in abeyance by the orders of chief of army staff (COAS) not president of Pakistan. According to the country’s constitution, the president can only impose emergency. The 3rd November Provisional Constitutional Order (PCO) has been issued by the COAS, not the president. There is no provision in country’s constitution allowing COAS to issue PCO.
The legal experts are of the view that in absence of the constitution the national assembly, the four provincial parliaments and their cabinet automatically stand dissolved.
It is opined that use of word emergency is a coarse media spin on part of Islamabad to bluff its western allies in an attempt to stay in power and avoid ban on international financial assistance including 1995 foreign assistance US democracy law. The financial experts are of the view that the aid is critical due to sustain poor economy of the country. Reportedly, 86 percent population is living below two dollar a day international poverty standards, and growing inflation is turning life into a struggle at the grassroots.
Musharraf’s move is being termed as charge sheet against his own government. Majority of country’s civil society and politicians including Benazir Bhutto, the chairperson of Pakistan’s People Party have termed the coup as Musharraf’s second Martial Law. They have rejected Musharraf’s argument of imposing martial law to eradicate extremism. ‘Instead, it will strengthen radicalism as dictator and radicals are source of strength for each other’, said Benazir.
After four days of the imposition of martial law in Pakistan it is now clear that it was imposed to surgically remove apex court judges to avoid expected judgment against Musharraf, barring him from holding office of president while staying in uniform’. Said Imran Khan in his video statement. He is in hiding to avoid arrest.
The public in Pakistan has taken martial law as an attack on independence of judiciary and media. According to a Lahore High Court judge the initial refusal of sixty judges out of total ninety-five judges of country’s superior courts to take oath despite arm twisting and promises of rewards on part of government supports the perception. The observers are of the view that the growing intensity and frequency of lawyers countrywide protests forecast deepening political crisis and it is only matter of time calls will grow louder for Musharraf’s resignation.
Reportedly, one of the South Asian experts in Washington Post wrote that it will surprise her if Musharraf last for another six months. The arrest of Atizaz Ehsan, President Supreme Court Bar Association, Presidents of Sindh and Lahore High Court Bar Associations and house arrest of judges. The arrests/house arrests of seventy human right activists including Asma Jehangir and nationalist political leadership shows that Islamabad is struggling for legitimacy.
World community cannot afford to ignore attack on independence of judiciary in Pakistan. It will have far-reaching negative consequences for independence of judiciary and its struggle in restoration of democracy in Pakistan. It will equally encourage abuse of state machinery including police excesses against public.
Musharraf showed his frustration over superior judiciary role in ‘missing person’s cases. New York time in one of its editorials earlier in 2007 called for courts’ role in fight against terrorism. Musharraf’s action against superior judiciary has undermined writ of law. Judiciary cannot overlook violation of civil liberties guaranteed by the constitutional, indefinitely. Reportedly, despite holding suspects for three years and more, concerned failed to defend unlawful arrests before apex courts.
Musharraf instead of punishing inefficiency ousted judges for dispensing justice in ‘missing persons’ cases in accordance to the law. Reportedly, government has decided to reduce the number of apex court judges from 17 to 12. The move has come in wake of reports that some 70,000 plus cases are pending in courts. Islamabad instead of expanding current judiciary fourfold as recommended to clear the backlog has reduced its strength. The firing of judges opposing Musharraf has backfired. The civil society, legal community, politicians and public are demanding reinstatement of ousted judges to restore independence of judiciary.
The ouster of judges versus punishment of ten-law enforcement personal involvement in manhandling of chief justice of Pakistan case has undermined the respect of judiciary and law and has sent a negative message to the already oppressed public who believes that Musharraf like past rulers is using state machinery to suppress democracy and undermine rule of law. It is therefore of critical importance that ousted judges are reinstated to end culture of bureaucratic and political victimization in Pakistan. Independence of judiciary is equally important to protect democracy against future martial laws in Pakistan.
Advance world including EU, CW and UN should play a positive role to help restore civil and democratic liberties usurped by the martial law in Pakistan. Due to martial law public’s right to freedom of speech, right to assemble, conduct business, be part of unions and other basic human rights have been withdrawn. The ongoing clampdown against human rights activists, lawyers, media and holding political rallies are cases in point. Reportedly, some 5000 lawyers, human rights activists and political workers have already been arrested.
Reportedly, Islamabad is refusing to give a definite election time frame amid speculations of a year’s extension for the unlawful assembly in wake of suspended constitution. These developments are fueling speculation and uncertainty. Global community in step with Netherlands, Switzerland, Australia, Canada, and UN Sec. General’s statement for release of arrested protesters and restoration of constitution should exert its moral influence to help restore constitution and reinstate ousted judges to restore independence of judiciary. Banki Moon has condemned arrests in Pakistan as violation of international human rights. The International community should recognize ground realties in Pakistan and act quickly to avoid another Burma like situation in the region.
There is a strong pressure within Pakistan for withdrawal of latest clampdown on country’s print and electronic media and the ‘blackout ‘of private TV channels. International community should support restoration of public’s constitutional right to access to information and freedom of speech. Reportedly, Musharraf believes that handful of TV channels are biased, distort country’s image and spread discontentment. Critics have rejected the logic. It is opined that it is the legal and moral right of the public not Musharraf to judge right from wrong. General (Retd.) Durrani, ex-DG ISI and a close confidant of Musharraf while talking to Geo TV said that image is what reality is. Media can only make a difference of 5-10 percent but it cannot hide reality.
Finally, Musharraf can still undo the damage and help Pakistan to return to true democracy in national interest. He as demanded by the politicians including Nawaz Sharif should resign. The Senate Chairman in accordance to the constitution should take over the interim setup to help restore true democracy in Pakistan starting with holding of January 2008 scheduled parliamentary elections.
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