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Altaf Hussain raising important points to the top constitutional and legal experts and defence and political analysts of the country


Altaf Hussain raising important points to the top constitutional and legal experts and defence and political analysts of the country
 Posted on: 1/8/2014 1
People who are demanding severe punishment or hanging for General Musharraf under Article 6 of the Constitution by holding him solely responsible for the declaration of emergency should respond with sound arguments or take back their demand.
Addressing the aware people of Pakistan, students of Constitution and law, particularly the top constitutional and legal experts of the country and political and defence analysts, the Founder and Leader of Muttahida Quami Movement Altaf Hussain said that he would bring some hard facts before the people who were demanding severe punishment for General Pervez Musharraf under Article 6 of the Constitution by holding him solely responsible for the declaration of emergency. He said either these people demanding punishment for General Musharraf should bring sound arguments in response to his points, or they should take back their demand. The points are summarized below.
1. The Army takes martial law like on 12th October 1999 and dismisses a democratically elected government. The time when the generals of Pakistan Army and other officers started their action for dismissing the democratically-elected government, Gen Pervez Musharraf was onboard a plane and returning to country from a foreign visit. 
2. A meeting of the generals was held after Gen Musharraf landed in which it was decided to hold the Constitution in abeyance. A Provisional Constitutional Order (PCO) was promulgated and the judges of the Supreme Court were asked to take a fresh oath under the PCO. The then Chief Justice of the Supreme Court Justice Saeeduzzaman Siddiqui, Justice Mamoon Qazi, Justice Nasir Aslam Zahid, Justice Khalilur Rehman, Justice Wajeehuddin Ahmed and Justice Kamal Mansoor Alam refused to take oath under the PCO.
3. The judges of the Supreme Court and the High Courts that took the oath, under the PCO included Justice Irshad Hassan Khan, Justice Iftakhar Muhammad Chaudhry, Justice Bashir Jahangiri, Justice Shaikh Riaz Ahmed, Justice Abdur Rehman and Justice Chaudhry Muhammad Arif. 
4. When the then prime minister Mian Nawaz Sharif dismissed the Chief of Army Staff Gen Musharraf on 12th Oct 1999 by exercising his discretionary powers and issued a written notification, promoted and decorated the head of the ISI Lt Gen Ziauddin to the office of the Chief of Army Staff, the generals of the GHQ and the corps commanders refused to follow the orders. On 12 October 1999, Gen Musharraf and other generals deposed the government in clear violation of the constitution, suspended the constitution of Pakistan, arrested the prime minister, they arrested Gen Ziauddin But as well.
5. Will the constitutional and legal experts and political and defence analysts like to answer under which article of the Constitution did the judges of the Supreme Court, who took oath under the PCO of Gen Musharraf, validated and legitimised the army action of 12th Oct 1999? Under which constitution was the military government of Gen Musharraf allowed to continue to work for three years? Under which constitution was the military government allowed to amend the Constitution?
6. Why is it that some politicians and legal and constitutional experts were declaring the imposition of emergency of 3rd Nov 2007 as unconstitutional and not the deposition of the elected government and holding of the Constitution in abeyance on the 12th Oct 1999? How can they validate and legitimise the military action of the 12th Oct 1999?
7. General Ayub Khan, General Yahya Khan and General Ziaul Hque had also imposed martial law in the country in utter violation of the constitutions but not a single general was held in captivity even for a second let alone a full hour. It is also pertinent to point out that when Gen Ziaul Haque had imposed the martial law, he had not only dismissed elected governments and assemblies but also arrested and hanged the elected prime minister. As against this, Gen Musharraf not only pardoned prime minister Mian Nawaz Shrif, although he was convicted by a court, but also allowed Mian Nawaz Sharif and his entire family to proceed to Saudi Arabia with his servants, attendants, and suitcases. 
Mr Hussain asked the constitutional and legal experts and defence and political experts to reply to each point raised by him with sound arguments in detail and explain as to why only Gen Musharraf has been arrested and being held responsible for the imposition of emergency. Why is it that the generals that aided and collaborated with Gen Musharraf and those who validated the military action allowed to remain free instead of facing cases in the court? 
Mr Hussain said that he would be grateful if the constitutional and legal experts would respond to the points raised by him in the light of the Constitution and law in a logical manner.

12/2/2016 8:26:20 PM