Anomalies In The So Called Trial. To get Gen. Musharraf out of the present imbroglio certain steps have to be taken which our legal experts have not thought of. 1. A Constitutional Writ Petition challenging the basic validity, legality and maintainability of Article 6 of the Constitution must be filed because it conflicts with another important article 12 of the Constitution which states that no law can be made with retrospective effect. This was drafted according to the whims and fancies of ZAB for his protection from military takeover. It was supposed to be valid with retrospective effect or from 1956 with the ulterior motive of trying to punish Field Marshal Ayub Khan. Article 12 which does not allow laws to be framed with retrospective effect. This clause is present in every major constitution of the world. However, Article 6 is not there in advanced countries constitutions. 2. This has to be filled in the High court or Supreme Court whichever has the jurisdiction. 3. The original law pertaining to declaration of emergency does not come under the purview of treason as has been surreptitiously done in the 20th Amendment with retrospective effect. This should also be challenged and reviewed by the superior courts and therefore must be sent back to the National Assembly for redrafting and can only be effective from the date it is passed by a two third majority vote. 4. Following the above steps another Constitutional Writ Petition should be filed for a glaring omission or defect in our 1973 Constitution of The Islamic Republic of Pakistan. This pertains to a reference being moved against the Chief Justice of Pakistan and there is no provision in the 1973 Constitution what happens to him during this period. This is a grave omission and needs to be rectified according to the practice and constitutional provisions in other advanced countries Constitutions. They all have a provision that the CJ goes on leave which is the logical thing to do. This led to a serious crisis as Iftikhar Chowdary refused to go on leave and submit to reference before the Supreme Judicial Council. The lawyers movement caused unnecessary financial loss to the country. This situation can be prevented in future by an appropriate amendment in the constitution which should clearly state that in the event of a reference against the CJP he must go on leave and face the allegations until they are cleared. It was no fault of Gen. Musharraf to forward a reference moved by the Prime Minister against the CJP. These above actions can get Gen. Musharraf out of the present legal crisis. Then it will take months if not years for the Govt. lawyers to get decisions on the above Constitutional contradictions.
Posted on: Sat, 29 Mar 2014 17:47:32 +0000