 |
| |
WEEKLY
SECTIONS |
 |
 |
 |
|
| Ordinance promulgated |
|
|
|
Thursday, November 22, 2007
Emergency can’t be challenged All orders issued by COAS since Nov 3 validated; SC empowered to withdraw any case from HCs;
Islamabad to have high court
ISLAMABAD: President Pervez Musharraf moved on Wednesday to put his state of emergency on a solid legal footing, issuing an ordinance which says it cannot be challenged in any court.
The ordinance amends the Constitution to stipulate that Musharraf’s November 3 imposition of emergency “is declared to have been validly made” and “shall not be called in question in any court or forum on any ground whatsoever.”
All other decisions made in relation to emergency rule “shall... be deemed to be and always to have been validly made,” added the ordinance. The strength of the Election Commission has also been enhanced from four to five members.
In a BBC interview at the weekend, Musharraf had admitted that declaring a state of emergency was unconstitutional and illegal, although he also strongly defended the move as in the best interest of the country.
“The presidential order issued today has ratified and validated the action taken on November 3 by the chief of army staff,” said Attorney General Malik Mohammad Qayyum, referring to Musharraf.
The ordinance also provided for setting up a Federal High Court in Islamabad Capital Territory (ICT). According to APP, the president received a summary from the Federal Law Ministry during the tenure of the former government.
The President's Order No 5 of 2007 also validates all orders and ordinances, promulgated and issued since November 3. Accordingly, the Supreme Court has the power to withdraw any case or appeal from the high courts and dispose of the same. This Order may be called the Constitution (Amendment) Order, 2007 and it shall come into force at once. Following is the text of the Ordinance; President's Order No 5 of 2007:-
An order further to amend the Constitution; whereas pursuant to the Proclamation of Emergency of 3rd Day of November, 2007, the Chief of Army Staff has promulgated the Provisional Constitution order No.1 of 2007, by virtue of which the Constitution of the Islamic Republic of Pakistan has been placed in abeyance; and whereas the said provisional Constitution order provides that the President may from time to time amend the Constitution, as is deemed expedient; and whereas it is expedient to amend the Constitution for the purposes hereinafter appearing; NOW, THEREFORE, the President is pleased to make and promulgate the following Order:- 1. Short title and commencement:- (1) This Order may be called the Constitution (Amendment) Order, 2007.
(2) It shall come into force at once.
2. Amendment of Article 175 of the Constitution:- In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 175, in clause (1), after the word "Province" the words "and a High Court for the Islamabad Capital Territory" shall be inserted.
Explanation: The words "High Court" wherever occurring in the Constitution shall include the High Court for Islamabad Capital Territory".
3. Amendment of Article 186A of the Constitution:- (1) In the Constitution, Article 186A shall be renumbered as clause (1) thereof and in clause (1) renumbered as aforesaid, after the word "High Court" occurring at the end the words" or withdraw any case, appeal or other proceedings pending before a High Court to it and dispose of the same" shall be added.
4. Amendment of Article 198 of the Constitution:- In the Constitution, in Article 198, after clause (1), the following new clause shall be inserted, namely:- "(1A) The High Court for Islamabad Capital Territory shall have its Principal seat at Islamabad."
5. Amendment of Article 218 of the Constitution:- In the Constitution, in Article 218, in clause (2), in sub-clause (b), for the word "Four" the word "Five" shall be substituted and after the word "Province" the words "and Islamabad Capital Territory" shall be inserted.
6. Addition of Article 270AAA to the Constitution.- In the Constitution, after Article 270AA, the following new Article shall be added, namely:- "270AAA. Validation and affirmation of laws etc.- (1) The proclamation of Emergency of 3rd November, 2007, all President's Orders, Ordinances, Chief of Army Staff Orders, including the Provisional Constitution order No.1 2007, the Oath of Office (Judges) Order, 2007, the amendments made in the constitution through the Constitution (Amendment) Order, 2007 and all other laws made between the 3rd day of November, 2007 and the date on which the Proclamation of Emergency of the 3rd Day of November, 2007, is revoked (both days inclusive), are accordingly affirmed, adopted and declared to have been validly made by the competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground whatsoever.
(2) All orders made, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, on or after the 3rd day of November, 2007 in exercise of the powers derived from any Proclamation, Provisional Constitution Order No. 1 of 2007, President's orders, ordinances, enactments, including amendments in the Constitution, notifications, rules, orders, bye-laws, or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding anything contained in the Constitution or any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court or forum on any ground whatsoever.
(3) All proclamations, President's orders, ordinances, Chief of Army Staff Orders, laws, regulations, enactments, including amendments in the Constitution, notifications, rules, orders or bye-laws in force immediately before the date on which the Proclamation of Emergency of the 3rd day of November, 2007 is revoked, shall continue in force until altered, repealed or amended by the competent authority.
Explanation.- In this clause, "competent authority" means,- (a) in respect of President's orders, ordinances, Chief of Army Staff Orders and enactments, including amendments in the Constitution, the appropriate Legislature; and (b) in respect of notifications, rules, orders and bye- laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.
(4) No prosecution or any other legal proceedings, including but not limited to suits, constitutional petitions or complaints, shall, notwithstanding anything contained in the Constitution or any other law for the time being in force, lie in any court, forum or authority against any person or authority on account of or in respect of issuance of the legal instruments referred to in clause (1) and on account of or in respect of any action taken by the Chief of Army Staff, the President or any other in exercise or purported exercise of the powers referred to in clause (2).
(5) For purpose of clauses (1), (2) and (4) all orders made, proceeding taken, appointments made, including secondments and deputation, acts done or purporting to by made, taken or done by any authority or person shall be deemed to have been made, taken in good faith and for the purpose intended to be served thereby.
7. Amendment of Article 270B of the Constitution - in the Constitution, in Article 270B after the word "Assemblies" occurring for the second time, the comma, words and figure", and the General Elections 2008 to the National Assembly and Provincial Assemblies" Shall be inserted.
8. Amendment of Article 270C of the Constitution - In the Constitution, in Article 270C after the brackets, figures and word "(1 of 2000) the words, brackets, figure and comma" or the Oath of Office (Judges) Order, 2007" shall be inserted and for the words "that Order" the words "the said Orders" Shall be substituted.
|
|
|
| Back
| Send
this story to Friend | Print
Version |
|
|
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 |
|
|
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.
S more |
|
|
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 |
|
|
Govt taking court for a ride
By Ansar Abbasi
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 |
|
|
Pakistan against arms race: Gilani
By Azeem Samar
KARACHI: Prime Minister Syed Yousuf Raza Gilani on Monday said Pakistan does not want to be engaged in an arms race with any country.
Speaking as chief guest at the induction ceremony of second Chinese-m more |
|
|
|
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 |
|
|
|
French, Dutch fight over giving LNG to Pakistan
By Khalid Mustafa
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 |
|
|
|
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 |
|
|
|
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 |
|
|
|
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 |
|
|
|
FBR gets list of properties rented out to foreigners
By Hanif Khalid
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 |
|
|
|
Repealing of 17th Amendment
By our correspondent
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 |
|
|
|
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 |
|
|
|
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 |
|
|
|
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 |
|
|
|
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.
more |
|
|
|
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 |
|
|
|
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 |
|
|
|
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 |
|
|
|
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 |
|
|
|
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 |
|
|
|
ISSN 1563-9479 
