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WEEKLY
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| 1973 Constitution held in abeyance |
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Sunday, November 04, 2007
Musharraf imposes ‘emergency plus’; PCO promulgated; parliament, provincial assemblies to continue functioning; superior judiciary’s powers clipped
By Shakil Shaikh
ISLAMABAD: Chief of Army Staff General Pervez Musharraf on Saturday imposed emergency throughout Pakistan, promulgated the Provisional Constitution Order (PCO) by holding the Constitution in abeyance, and placed the country under one-man rule.
In an extraordinary move, which many termed supra-constitutional and equated with martial law, Army Chief General Musharraf promulgated a proclamation of emergency and in pursuance of it issued a PCO holding the Constitution in abeyance.
The army chief took the step to arrest the worsening law and order situation and intensification of violence to unprecedented level which posed a grave threat to the life and property of citizens. He also referred to other grounds justifying such extraordinary measures by pointing to the “working of some members of the judiciary at cross purposes with the executive and the legislature in the fight against terrorism and extremism, interference by some members of the judiciary in government policy”, adversely affecting the economic growth in particular, “overstepping” of some judges of their limits of judicial authority, making the Supreme Judicial Council entirely irrelevant, and “humiliating treatment” meted to government officials by some members of the judiciary on a routine basis.
Despite this proclamation and the order, the Majlis-e-Shoora (parliament) and the provincial assemblies shall continue to function.
The entire nation received this development as a bombshell as it shocked everyone that instead of the Constitution the country would be governed by President General Pervez Musharraf.
This seemingly supra-constitutional step was taken at a time when the 11-member Supreme Court bench was to announce its verdict on the nomination of President General Pervez Musharraf as candidate for re-election in a week’s time.
The PCO has taken away powers of the superior judiciary — the Supreme Court, the Federal Shariat Court and the High Courts — and any tribunal or other authority to call in question the order of PCO, the Proclamation of Emergency, the Oath of Office (Judges) Order 2007 or any order made in pursuance thereof.
“No judgment, decree, writ, order or process whatsoever shall be made or issued by any court or tribunal against the president or the prime minister or any authority designated by the president,” said Section 3(2) of the PCO, though the seven-member Supreme Court bench issued a two-page counter order restraining the COAS, corps commanders, staff officers and all concerned civil and military authorities from acting under the PCO. They were also restrained from undertaking any such action, which was contrary to the independence of the judiciary.
With the Islamic provisions of the Constitution to remain in force, the fundamental rights as enshrined in Article 9 (security of person), 10 (safeguard as to arrest and detention), 15 (freedom of movement, etc.), 16 (freedom of assembly), 17 (freedom of association), 19 (freedom of speech, etc.) and 25 (equality of citizens) shall remain suspended.
Enforcing the emergency at once, the army chief ordered and proclaimed that the “Constitution of the Islamic Republic of Pakistan shall remain in abeyance”. It put Pakistan under one-man rule to govern it through the PCO.
The PCO’s Section 1(3) says: “Subject to clause (1) above and the Oath of Office (Judges) Order, 2007, all courts in existence immediately before the commencement of this Order shall continue to function and to exercise their respective powers and jurisdiction, provided that the Supreme Court or a High Court or any other court shall not have the power to make any order against the president or the prime minister or any person exercising powers or jurisdiction under their authority.”
According to the proclamation of emergency, “the situation has been reviewed at meetings with the prime minister, the governors of the four provinces, and with the chairman joint chiefs of staff committee, chiefs of the armed forces, the vice chief of army staff and the corps commanders”.
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Three killed as Sh Rashid escapes attempt on life
By Shakeel Anjum
RAWALPINDI: Awami Muslim League (AML) Chief and a candidate for NA-55 (Rawalpindi) by-election Sheikh Rashid Ahmad was wounded, while three people — a guard and two party workers — were killed when four gunmen more |
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12 soldiers killed in South Waziristan
ISLAMABAD: Twelve soldiers embraced martyrdom while two others were injured in a clash with militants during the ongoing operation Rah-e-Nijat in South Waziristan Agency (SWA), the ISPR said on Monday.
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Plan to attack five-star hotel foiled
By our correspondent
LAHORE: The CIA police here on Monday claimed to have foiled an attack on Americans staying at a five-star hotel and arrested six terrorists, including a suicide bomber.
Addressing a press conference, SS more |
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Govt taking court for a ride
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ISLAMABAD: She fought her case in the media. She won her battle in the judicial forum too. But still the government is bent on making an example out of her for refusing to follow the illegal dictates of her min more |
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Pakistan against arms race: Gilani
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KARACHI: Prime Minister Syed Yousuf Raza Gilani on Monday said Pakistan does not want to be engaged in an arms race with any country.
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Punjab-Sindh water row Centre’s intervention sought
By our correspondent
ISLAMABAD: Tension between Punjab and Sindh over opening of the Chashma-Jhelum and Taunsa-Punjnad link canals has touched a new high as the former has sought the Centre’s intervention.
The Punjab has sai more |
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French, Dutch fight over giving LNG to Pakistan
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ISLAMABAD: Finance Minister Shaukat Tarin and his team is all set to thwart the attempt of an unscrupulous combine of oil industry heavyweights and some functionaries of the Ministry of Petroleum and Natural Re more |
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Nine killed as no let-up in rains
By Nisar Mahmood
PESHAWAR: Nine people were killed and scores of others injured as heavy rains and snowfall lashed various parts of the country for the fourth consecutive day on Monday.
Reports from the Shangla district more |
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Malik orders NUML closure as protest enters 5ht day
ISLAMABAD: The protest of the students of the National University of Modern Languages (NUML) against thrashing of Professor Malik Tahir by Registrar Brigadier (R) Obaidullah Ranjha entered its fifth consecutive more |
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Malik insists no Blackwater in Pakistan
By Muhammad Anis
ISLAMABAD: Interior Minister Rehman Malik while responding to an accusation from a PML-N parliamentarian told the National Assembly that Blackwater was not providing security to the president and the prime mini more |
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FBR gets list of properties rented out to foreigners
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ISLAMABAD: Federal Board of Revenue (FBR) has received list of properties from Foreign Office, which were in use of foreigners in Islamabad, Karachi, Peshawar and Lahore, but these were not shown in annual tax more |
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Repealing of 17th Amendment
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ISLAMABAD: Prime Minister Syed Yousuf Raza Gilani has begun efforts to create consensus on repealing the 17th Amendment before presidential address to the joint sitting of the parliament.
The prime minis more |
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Three suspects held in Mohmand
By our correspondent
GHALLANAI: The security forces arrested three suspected persons during search operation in Safi subdivision of Mohmand Agency, official sources said Monday. The sources said the security forces carried out sear more |
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No presence of Blackwater, DynCorp in Pakistan, NA body told
ISLAMABAD: Secretary Interior Qamar Zaman again negated on Monday the presence of Blackwater, DynCorp or any other foreign security agency in the country. “Neither the Blackwater and the DynCorp nor any other s more |
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Govt urged to take up water issue with India
By Asim Yasin
ISLAMABAD: Pakistan Muslim League-Q, Parliamentary leader in the National Assembly, Makhdoom Faisal Saleh Hayat while urging the government to take up the issue of ‘water terrorism’ with New Delhi, has question more |
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Avalanche kills 17 Indian soldiers in held Kashmir
HELD SRINAGAR: Seventeen Indian soldiers were killed on Monday in an avalanche that slammed into a group of 70 combat troops at a high-altitude warfare training camp in Kashmir, the army said on Monday.
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Taliban defiant as Afghans flee ahead of assault
KANDAHAR: The Nato commanders urged the Taliban to surrender as troops dug in on Monday for a major assault on their key stronghold in southern Afghanistan, sending thousands of residents fleeing.
The Ta more |
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Plea to freeze foreign accounts
By our correspondent
LAHORE: The Lahore High Court (LHC) on Monday ordered the federal government to submit a reply within four weeks on a petition seeking freezing of accounts in foreign banks and recovery of illegal assets accumu more |
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Attack on Sh Rashid
RAWALPINDI: The PML-N candidate for by-polls from NA-55, Malik Shakil Awan, has announced suspension of electioneering for a day to mourn the death of those killed in the attack on the office of his rival, Shei more |
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Indian forces to halt Kashmir rally outside UN office
HELD SRINAGAR: The held Kashmir authorities deployed thousands of police and troops on Monday to prevent a protest outside the UN office here over the recent killing of two teenage boys by Indian security force more |
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briefs...
20 die in Afghan floods, avalanches
KANDAHAR: Twenty people have died in floods and avalanches triggered by some of the heaviest rain and snow in Afghanistan for 50 years, an official said on Monday. At more |
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ISSN 1563-9479 
