Monday, November 5, 2007

Musharaff loosing system as situation slips

Musharaff loosing system as situation slips.

Under emergency measures, several provisions such as human rights, freedom of speech and expression of the 1973 Constitution can be held in abeyance.


2007-11-04 21:02:33 - According to some details of the new PCO made available to the media, the National Assembly, Senate, provincial assemblies, the prime minister, provincial chief ministers, federal and provincial ministers, governors and all those in the 'government services- will continue to function normally.

PCO amounted to a 'virtual coup-, and was very similar to the order that was issued by Musharraf on October 12, 1999, when he toppled then Prime Minister Nawaz Sharif in a coup.Musharraf as army chief had issued the martial law-like order against himself and his own system.

'We regret the difficult times that Pakistan is passing through. We trust that
conditions of normality will soon return, permitting Pakistan's transition to stability and democracy to continue,'' Indian foreign office statement said.International Leaders will find themselves in unsafe position to take help of the Dictator to enforce democracy in other states.

(live-PR.com) - Musharraf's declaration of suspending the constitution of the 1973 along with imposing another Provisional Constitutional Order

(PCO).Secondly in what capacity he has issued order as the chief of the Army or the Head of the state as president.In case if he has issued in lieu of his army status then marital law is applicable that it is more martial law than emergency without saying so.Musharraf, in his capacity as army chief, who had issued the order, signifying that the army was in complete control of the situation.

Declaration of Emergency is imposed by the head of the state to which he was acting president whose legality needed seal of Supreme Court of Pakistan ruling as per the constitution.An interim president does have the power to impose emergency and when the constitution is scrapped as null and void.

The Chief Justice of Supreme court needs to administered the oath to the President of Provisional constitution order but the Pakistan constitution gives the ex-gratia time of one year to the President.

It was not clear how this will be possible, or be legitimate, with President Musharraf resorting to the extra-constitutional action of suspending the constitution and issuing his own provisional constitutional order or PCO.

The Supreme Court, in its order, termed Gen Musharraf's action 'illegal and unconstitutional- and asked the corps commanders and all civil and military officials not to take oath under the PCO.

Once a system is nullified to reach to another system the head of the states needs to be restored to lost status.Chief justice scrapped the orders of the government and they were removed with new team of judges,the contentious action needs to be examined as the interim President is able to remove the bench.State assemblies is in force has to report to General.Dual charge of Musharaff needs to ratified in the joint parliament session.

Void situation in which the President or General order carry different connotation and each needs to follow a system of civil or military to win the peoples of Pakistan first and then International community.


Under martial law, the entire Constitution is put aside and the army exercises complete authority which is what Musharraf did today, though he chose to call it emergency.Martial law in Pakistan meant that army officers were posted in every government department and ministries in the country. But that has not happened till late tonight.

Under emergency measures, several provisions such as human rights, freedom of speech and expression of the 1973 Constitution can be held in abeyance.

Political parties are turning against the President and peoples of Pakistan if drift towards the political outfits in large numbers and neutral ones are less in numbers and many to go along with Islamic fundamentals ,the President will find more foes than friends in his own country and further to be gauge,as world eyes are on whether Musharraf's corps commanders are with him or not.

US Secretary of State Condoleezza Rice said on Sunday that US will review its aid to the Pakistan and international Leaders will find themselves in unsafe position to take help of the Dictator to enforce democracy in other states.

Author: Naresh Sagar

Author:
Naresh Sagar
e-mail
Web: http://www.nksagar.com
Phone: 9810974027

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