Nationwide protests for the immediate restoration of the deposed judges
By Samad Khurram • May 8th, 2008 • Category: Politics • (3,017 views) • 11 CommentsFriends,
There will be protests in Karachi, Lahore and Islamabad on Thursday, May 8th 2008 for the immediate restoration of the deposed judges and for purging the judiciary free from the PCO inductees and conspirators of the Nov 3rd coup. Please come to the protest in whichever city you are based in and also inform all your friends in Pakistan.
The battle for the judiciary will go on. AZAAD ADLIYA KO BAHAAL KERO!
Karachi
Parking area in front of Rahat Milk Corner, Khadda Market
6:15 - 7: 30 pm
Walk to the legal CJ of SHC, Justice Sabiuddin’s house
Lahore
Outside the PPP Secretariat, 25-A, Faisal Town (near FAST)
6:30 - 7:30 pm
Candlelight vigil and peaceful protest.
Islamabad
Outside the Supreme Court of Pakistan, Constitution Avenue
5:30 - 6: 30 pm
Candlelight vigil and peaceful protest.
OUR DEMANDS
1. We demand the complete restitution of the pre-Nov. 3rd judiciary with all its powers and members.
2. We believe a simple executive order is enough to overrule the illegal actions of Musharraf. The delay is becoming unbearable.
3. We do not accept those judges who were inducted after the PCO.
Our stance is in line with the opinion of all of the lawyers and bar councils of Pakistan, 21 former judges of the Supreme Court, 5 former Chief Justices of the Supreme Court and the vast majority of Pakistanis.
Looking forward to your wholehearted participation:
People’s Resistance
Student Action Committee
Awami Jamhoori Itehad
Insani Haqooq Itehad
FAST Rising
Young Professionals Lahore
Concerned Citizens of Pakistan
and many other groups of concerned Pakistanis across the country.
“Aisay dastoor ko, subh-e baynoor ko, mai nahin manta, mai nahin janta” - Habib Jalib
______________________________
Emergency mailing list
Emergency@lists.hcs.harvard.edu
http://lists.hcs.harvard.edu/mailman/listinfo/emergency
Last 5 posts by Samad Khurram
- Restoration in line with Charter of Democracy - May 14th, 2008
- Zardari's Great Game: Part 2 - May 5th, 2008
- Save Zimbabwe - April 30th, 2008
- Walk in Karachi for Judiciary - 30th April - April 30th, 2008
- Zardari dancing to the tunes of the Establishment - April 25th, 2008
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Samad Khurram
"Samad Khurram is AB Candidate in Government and Economics at Harvard University. He writes regularly on politics and international affairs in his column "Escaping Quicksand" for the Harvard Crimson. Samad is an active member and confidant of many pro-judiciary forces, groups, publications and also runs the Emergency Times Mailing List."
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May 8th, 2008
Proclamation of emergency on account of war, internal disturbance, etc
• Article232
Clause (1)
If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency.
Ø Clause (2)
Notwithstanding anything in the Constitution, while a Proclamation of Emergency is in force, –
Article 6
(Clause 1)
Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other un-constitutional means shall be guilty of high treason.
Clause (2)
Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.
THE LAY MAN OVERVIEW Article,41,44,47,58,70,89,90,232,233,234,235,236,237,239,248,267,268,270AA,270B,271,273 with their clauses and sections are all supportive to the president in all scenes of agitation and annoyance .Under such constitutional obligations expert in the field of law and legislation /judiciary , should liaison to impart their role in real democracy in order to throw the fetish and dictators from the throne of politics.
The only way out to meet the challenge so to ensure secure way to democracy is to impeach in a manner as laid in the constitution and keeping all if and buts under strict observation, as the man ahead has created all mischief as per desire .Here I would like to emphasize to the literate population of Pakistan that “nothing but intellectual move can nib the evil in the bud”. In order to conclude the above discussion and its legal implementation, following points may be concluded in a lay man terminology which is the theme of my discussion so to familiarize individuals of what is their fate as destined by deliberate manipulation and rude traditional actions being conducted by these dictators on the gratitude of few criminals of all time .
ü President is the head of the state, with all executive power.(article 41)
ü Being elected after Electoral College i.e. both houses the senate, the assemblies (national and provincial), having mandate as president will continue the office for five years. Since the vote of confidence ,for further affirmation ,that was a prerequisite within one month of election has been duly passed by previous houses ,no action whatsoever disembark the individual from the said appointment .(Article 41 ,Article44 ).
ü Validity of his election can not be challenged in any court or other authorities. (Article 41).
ü Impeachment and removal of the president can only be initiated in the ground of physical or mental in capacity or on the charge of gross misconduct and violation of constitution.(Article 47)
ü Joint sitting(national assembly and senate ) of 2/3rd majority can only initiate to impeach and unfit the office of the president .(Article47)
ü The president may dissolve the national assembly on the advice of prime minister as well as at his own discretion. The decision to dissolve will be forwarded to Supreme Court to justify his opinion. (Article 58).
Keeping a bird’s eye view on present scenario the sacked Supreme Court is under the hold of president and successors of the present judicial academy are already the blue eyed, who will hold the fort of president as well as their own to enjoy the position .under this situation, interpretation reveals the hidden fact that if democracy and constitution is to be safeguard previous judiciary is to be restored to hurdle this power to dissolve assemblies .
ü Any bill in the federal legislative list or in concurrent legislative list is to be seconded by each houses without amendment and then to be put up to president for assent /approval. (Article, 70).
ü President my take action and make and promulgate any ordinance as per circumstances with the same effect as an act and power of parliament. This ordinance will retain the weight age as if it was been presented by parliament. (Article 89).
ü The executive authority by virtue of constitution lies in the hand of president and prevent parliament from execution, other than the president. (Article 90).
ü In case of self assumed or real emergency, president has the power to suspend constitution and promulgate and execute emergency with suspension of fundamental rights. The same situation can also be put up by the governors the right to challenge will not be entertained in the court of law and parliament, (article 232,233,234,235,236,237).
ü Amendment of constitution by bill should be processed with 2/3 rd majority to other house or senate. if the bill is passed by senate without amending it and with 2/3rd majority, it will be passed to the president for approval .if the bill is amended by senate it will again be reverted to the parliament for review and after its review and approval with 2/3rd majority it will be forwarded to the president for approval .amendments will not be questioned in any court of law on any ground whatsoever .(article 239)
ü The president and all others as prime minister, federal minister, state minister, chief minister, provincial minister and governors, are not answerable to any court, in the line of their duties and power to implement their functions. they can not be charged with any criminal proceeding ,arrest or imprisonment from any court during official terms .(article248)ü Any law in the form of order will be presumed to be effective from the time of commencement and will remain in force even if it is disapprove by house or both houses till it is passed by the houses as per appropriate laid down method(Article 67).
ü Only appropriate legislative authority can amend all existing laws. Laws specified in 6th schedule will not be altered without the prior sanction of the president. Under the umbrella weather the law is operational or not it will keep the weight and force of the law. (Article 268).
ü After the proclamation of emergency on October 14, 1999, all orders made thereafter including amendments, orders notification etc will continue to be dealt as constitution and made under good fate and any appointment secondment deputation rules and regulation made after 12 October 1999, have been validly made during and after and will not be challenged or ask in any court of law. Under the heading orders will continue to hold position until it is repealed or amended by competent authority, whereas competent authority here is the president and not the houses. (270AA).
ü All orders done between 5th day of 1977july will always be deemed and validly being made and will not be asked in any court of law on any ground whatsoever .Article 270B).
ü All president order, ordinance, regulations etc will not be altered until by competent authority or per appropriate legislature .competent authority is the president. (Article 271).
ü No suits prosecution or other legal proceedings shall lie against any authority, on account of order made action taken or act done in execution of compliance as the same has been taken in good faith and as per constitution and will not be challenge in any court whatsoever .all presidents order referred in clause (I) 7nth schedule will be amended by manner as per constitution whereas rest orders my only be amended by appropriate legislature in a manner of, as provided by for amendment.(Article 273)
Under these constitutional obligation as being laid down as integral part of the book, it is a real facts that the only pocket political party will continue the process of peaceful democratic assembly .One man show is to be the fate of this assembly as self granted power being conferred will definitely react with full blown reaction resulting in catastrophic disaster. Being citizen with arrested zeal and honor, and under restrictions to hold and accept what has been destined in the form of constitutional amendment by these under cover culprit in black coat on behalf of these dictators will not only be spared at this cost but to be treated if at all under the constitution by (article 6) as high treason.
May 8th, 2008
under the above mentioned article and restrictions ,the said show seems to me a clapping show ,
May 8th, 2008
Article 6
(Clause 1)
Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other un-constitutional means shall be guilty of high treason.
Clause (2)
Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.
Shouldn’t Musharraf be hanged under this law?
May 8th, 2008
The president and all others as prime minister, federal minister, state minister, chief minister, provincial minister and governors, are not answerable to any court, in the line of their duties and power to implement their functions. they can not be charged with any criminal proceeding ,arrest or imprisonment from any court during official terms .(article248
May 8th, 2008
Yeh Pakistan ki constitution nai Kaafiristan ki constitution perh raha hai Dr
Pakistan ki constitution main all people are answerable for their work!
May 8th, 2008
PATRIOT OF PAKISTAN AND ALL YOU OTHERS .. REST ASSURED ..THERE IS NOT GOING TO BE ANY NATIONWIDE PROTEST FOR THE “DISPOSED” JUDGES. . PEOPLE WANT THEIR PROBLEMS SOLVED AND NOTHING MORE … IS THAT ASKING FOR TOO MUCH ? WHATEVER NEWS OR HYPE THAT THE HIGHLY PAID “ANCHORS” BREAK IS A FICTION OF THEIR IMAGINATION. A FEW HUNDRED OR EVEN THOUSAND OR EVEN 100,000 MOB ON THE STREETS DOES NOT REPRESENT A NATIONWIDE PROTEST .. TALK TO THE PEOPLE ON THE STREET .. THE DAILY WAGE EARNER .. COMMON MAN …… TALK ABOUT GROUN REALITIES …. AND WHAT OR WHERE IS THE CONSTITUTION … AND ALL THE THINGS THAT IT GUARANTEES … AND WHO IS GOING TO FULFIL THEM … THESE JUDGES ?
May 8th, 2008
Mr Muhammad Khan,
Please give your suggestion that how to solve problems of common man. Keeping in mind, there is no active judiciary or Justice. After all, you are writing in full block letter from last 2 months that forget judiciary and resolve other problems. Is this judiciary is hurdle to resolve other problems or if judiciary will not restore..do you think that it will resolve problems.
For you, may be justice is not important… but for me first justice is required at each and every level to tackle problems with iron hands.
May 8th, 2008
Its my appeal…to every reader that please come and float your idea that how to protect rights of common man…stop this ridiculous slogan of Ghareeb, Ghareeb aur Ghareeb. Be practical and give your idea that how to change economy is right direction. Please come on. Do it. Lets put Mushi , PPP, PMLN , PMLQ aside and talk on realities. After all, I want to get your idea that how to solve real issues and how it is inversely proportional to judiciary issue or other legal issues.
May 8th, 2008
Sir with all due respect - when has the common man ever been able to get justice from any court in Pakistan ?
The Government can only start to solve the problems of the common man - if the heavy weights stop pressurising it to achieve their motives .. I dont know what they want - except absolute power … You tell me how mere restoration of some judges going to help.
After all the Courts are working as usual and nobody seems to care. (except perhaps a few Lawyers and the disposed judges). Justice is important .. but not the kind that is being projected. Why dont the judges take a legal colurse … or is that only for the common man .. to wait for justice . or die ? while the judges can get justice in 30 days ?
May 8th, 2008
It is a shame that the battle for the judiciary will go on - and untill that is done .. the Government will not be “allowed” or “able” to address more serious issues of th common man.
May 8th, 2008
So address the issues and move on.
AAj judiciary restore kero takay kal say insaaf milay.