Saturday, November 3, 2007

Emergency

The constitution gives President the power to proclaim emergency in a province or in the whole country if

the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control (who reads the conditions anyways; the president has the power to proclaim emergency thats enough)

The president issues a Provisional Constitutional Order which enumerates the details of emergency


The Provisional Constitutional Order (PCO) is not known yet but the effects of emergency and the powers confered to the government are following:

*The parliment gets the power to make any kind of laws, even those not enlisted in the Federal Legislative List. (i.e. it can make un-constitutional laws)

*Such a law would cease to have effect six months after the proclamation of emergency.

*The parliment can extend the term of National Assembly for one year.

*The following fundamental rights are suspended:
Freedom of movement
Freedom of assembly
Freedom to form associations/unions
Freedom of trade, business or profession
Freedom of speech
Protection of property rights

(i.e. the government can do anything to you, if you move, if you talk against them. They can scatch your property. They can put you in jail for no reason and they can not be held accountable for that)

*Any courts working for the enforcement of fundamental rights shall remain suspended.

*If the National Assembly stands dissolved at the time when a Proclamation is issued, the Proclamation shall continue in force for a period of three months but, if a general election to the Assembly is not held before the expiration or that period, it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the Senate.

*The validity of Proclamation or any order made under proclamation can not be called in question in any court.

Under such powers what they have done first is to kick out the Chief Justice(their ultimate rival) from the supreme court building. He was verbally said that his services are not required any more (geo tv web site). Secondly the media was taking too much advantage of a general's leniency. It had to be taught a lesson. And I should better stop writing lest the officials drop by my blog and give me some hard time.

No comments: