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General Musharraf has hijacked Pakistan BY RC, CITIZEN OF PAKISTAN. November 2007

A - General Musharraf has hijacked Pakistan Last few months have been very painful for anyone who has affiliation to Pakistan. The country has been hijacked by General Musharraf – the second time. The Military dictator imposed second martial law on rd

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November 2007 and he once again sends the i

1973 Constitution of Pakistan in abeyance. He announced that citizens of Pakistan have no rights anymore and he himself is the sole decision maker

Table of Content B – Background

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C – Kargil War

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D – Coup d’etat

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E – Marshall Law 1

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F – Post Marshall Law 1

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G – Start of Downfall

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H – Marshall Law 2

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and law maker in the country. Citizens of Pakistan

I – Post Marshall Law 2

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have no right to speak, they have no right to express

J – Charges against Gen

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their opinion, they have no right to demonstrate their

K – Demands

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opposition to his absurd policies, and they have no right to highlight his oppressive regime‟s torture, kidnapping, and harassments. In essence, Gen Musharraf announced that the entire 160 million citizens of Pakistan are incapable and brainless; hence they do not have any right to decide for themselves. Gen Musharraf is the only smart person in the entire population of the country who has the capacity to General Musharraf has hijacked

think!

our country. He is neither the owner of this country nor does he

General Musharraf‟s list of crimes is very long and

have any rights over us. He took

in last eight years he has destroyed every institution

power by illegal means and broke

of the country, including the Armed Forces. His

away from the oaths he took on his Holy Book.

objective was to make the entire nation submit to his whims and desires, and turn them into a slave mindset that none raise their objection to his

commands. That his command is ultimate order and whosoever objects to it is working against the country‟s interest. Gen Musharraf makes this analogy that Musharraf is 1

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The author has no affiliation with any organization or otherwise, neither does he support the opinions and/or the positions of any organization, party or group. The paper was written in his capacity as a citizen of Pakistan, and represent feeling of ordinary citizen. It conveys genuine feeling of abasement, repression, despotism,, despair and dejection, and to make a request to General, “please leave”. Since, Gen Musharraf insist on interference in governance of country, rule of law, the constitution, freedom of judiciary, political landscape, and freedom of press and media, inadvertently, this paper becomes political in nature. By reading this paper you agree to indemnify and hold us harmless or our affiliates from any claim or demand, due to or arising out of this paper.

Pakistan and Pakistan is Musharraf, and whoever criticizes him is in essence criticizing Pakistan, and whoever object to his oppressive regime is in fact working to disintegrate Pakistan. I would like to highlight to everyone that Gen Musharraf has hijacked our country. He is neither the owner of this country nor does he have any

General Musharraf is a compulsive liar. He has taken oaths and deviated; He has promised the

rights over us. He took power by illegal means and

entire nations many times and

broke away from the oath he took on his Holy

broke away from it. He has no

Book. He violated the Constitution of Pakistan

credibility and trust of citizens of

many times, or sends the Constitution to abeyance

Pakistan. He must be removed.

many a times. Gen Musharraf has no respect for Law and Constitution, and he deprived the entire nation of their basic rights as citizen. He mauled the Constitution by constantly issuing self-proclaimed laws under General‟s Orders. When people refused to accept his utter contempt of Constitution, he would install Marshall Laws, or emergency orders. People of Pakistan have been agonized, the Constitution have been agonized. When the citizens went to court to seek justice, Gen Musharraf laughed at them. He told the Judges to decide in his favor and if they don‟t --- Well, then he would simply change the rules of the game. He will issue a new General‟s Order. Pakistan's President Pervez Musharraf wiping his face and neck

And if people feel that‟s illegal, then he will cross the Law

during a news conference in

itself. “I never did anything illegal” – claims Gen Musharraf.

Islamabad November 11, 2007,

That is correct, the Law did not exist when he committed

after he imposed yet another Marshall Law in Pakistan

crimes – it was in abeyance. And when brave citizens took him to Supreme Court, he took the Court out.

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V0.5 “Is democracy more important than Pakistan?” Gen Musharraf questions. “When the nation is about to be declared a failed state, tell me whether the (restoration) of so-called democracy is important or efforts to save the country,” he asked and then himself replied: “Of course it is important to save the country.” Ironically, it is the same „so-called democracy‟ that was declared „true-democracy‟ by General himself. Gen Musharraf needs no reminder; he installed first Marshall Law in ‟99 to establish this „true-democracy‟. This man has many faces. Unfortunately, none is trustworthy. Gen Musharraf is a compulsive liar; He has taken oaths and deviated; He has promised the entire nations many times and broke away from it. He has no credibility and trust of citizens of Pakistan. He has no legal or moral ground to be the Ruler of the Country, or does he has any legal or moral ground to hold The Office of President, Executive or in any capacity to govern or rule the People of Pakistan. The only legal position he ever had is to “serve” the country in his capacity as General of Army, for which he has already overstayed his normal term. Gen Musharraf declared himself as the law, the judge, the judiciary and the executioner. He decides who lives, he decides who stay in jail, he decides who speaks, he decides who can open his shop, he decides who can do business, and if anyone disagree, his army of agencies ready to frighten you, or the cops ready to torture you and insult your family, and if you still disagree his special agents ever ready to kidnap you and lock you in the one of the worst chambers on planet earth. Purpose of this second Marshall Law is very simple. Gen Musharraf wants to remain in power, either by hook or by crook. Since, there is no Constitutional way to keep a dictator in power, thus it demands an Extra Constitutional measure to keep him in power. Gen Musharraf long identified Judiciary as his biggest obstacle to continue his 20-nov-07. Bush: Musharraf is 'Man of His Word'. – AFP

Report

illegitimate rule. Nine Months before his illegal term expires, he hatched a plot to overthrow judiciary to clear the way to

US continue its policy of supporting

continue his illegal rule. Fortunately, for people of Pakistan,

dictators.

the judiciary did not give in this time. During the sixty years of history of the country, it was the first time ever that the

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V0.5 judiciary stood up to a General‟s Order. They refused to certify his illegitimate rule – Nine months is what it takes to create a General – Nine months is what it took for a General to be exposed. People of Pakistan have waited for sixty long years for Law to rise. As the Chief Justice Iftikhar Chaudhry rightly puts it, “if we don‟t take this opportunity now, we will not have it for next sixty year”. I urge everyone domestically and internationally to stop supporting Gen Musharraf in any capacity, shape or form. He has subjugated entire country, every institution, every civilian organization. I urge that you work towards removing him from his illegitimate office, and return the country to a Constitution and Law that was agreed by the people of Pakistan. Demand the restoration of Constitution and the Judiciary as it stands prior to Gen Musharraf‟s illegitimate Marshall Law on 3rd Nov 07. Gen Musharraf is not acceptable to the citizens of Pakistan in any role of “ruler”, be it as Executive or President. He has no legitimacy or moral ground to claim it.

B - Background General Pervez Musharraf was born on August 11, 1943 in Delhi (British India), and later migrated to Pakistan with his parents after the ‟47 partition. Musharraf claimed in his book “In the line of fire” that he attended Saint Patrick's School, Karachi, graduating in 1958, later attending Forman Christian College in Lahore. His official biography claims he is a graduate of Command and Staff College, Quetta and the National Defense College. He joined the Pakistan Military Academy in 1961 and was commissioned in an elite Artillery Regiment in 1964. He saw action in the 1965 war as a young officer in the Khem Karan, In happier times, PM Nawaz Sharif and Gen Pervez Musharraf

Lahore and Sialkot sectors with a self propelled Artillery Regiment. He was awarded the Imtiaz-i-Sanad for gallantry.

He later volunteered and served for seven years in the Special Service Group "Commandos". He also participated in the 1971 war as Company Commander in a Commando Battalion. He was promoted to Major General on 15th January 1991, and to the rank of General on 7th October 1998 and appointed Chief of Army Staff. He was given the additional charge of Chairman Joint Chiefs of Staff Committee on 9th April 1999ii.

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V0.5 General Musharraf rose to top job in 1998 when Pakistan's powerful army chief, General Jehangir Karamat, resigned two days after calling for the army to be given a key role in the country's decision-making process. It was first time that an army chief stepped down from his position. It was considered by some observers as sign of Prime Minister Nawaz Sharif‟s political power and perhaps finally there are assurances of long term civilian administration in the country. Nawaz Sharif controversially promoted Gen Musharraf over two others Lieutenant Generals who were more senior than Musharraf. This was even admitted by Gen Musharraf in his book. He was superseded over Lt. Gen Ali Kuli Khan and Lt. Gen Khalid Nawaz.

C - Kargil war Kargil lies on the line of control facing Pakistan Controlled Kashmir's region of Baltistan. Kargil conflict took place between Jul-May in 1999 between Pakistan and Indian in Kargil, a district of Kashmir. After the explosion of nuclear devices by India and Pakistan and increased tension between the two countries, General Musharraf was regularly seen giving briefing on media and appearing on state television. He was the first to claim that Pakistan troops had entered the Indian-administered sector during the fighting. Previously, Pakistan stated that the forces had all been Islamic militants determined to take territory from the other side of the Line of Control. There was growing gap between the army and the Pakistan government. Gen Musharraf claimed that militants were preventing Indian gains, he and other senior generals were reportedly increasingly angry at the Prime Minister Nawaz Sharif‟s attempts to find a diplomatic way out of the crisis. Mr Sharif's moves led to speculation that the military did not have the full political backing of the government and he eventually ordered a full withdrawal. Following the order to withdraw, Gen Musharraf told the BBC that the crisis had been a "great success" for Pakistan. In contrast, India's ruling BJP party sought to make electoral capital out of what it saw as a great military victoryiii. Gen Musharraf was widely credited as master mind behind the Kargil Conflict. This was echoed widely in Indian and international media and political arena. Musharraf claimed that he „informed‟ the then prime minister. In his book, Musharraf terms it a successful operation which according to him brought the dispute over the scenic Himalayan state of

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V0.5 Kashmir once again into the limelight and compelled India to return to talks. According to the General it was the Kargil operation which precipitated the composite dialogue process between the nuclear-armed Pakistan and India. Contrary to that, Prime Minister Nawaz Sharif claimed that none was aware of it, even in the army except Gen Musharraf and few of his close allies. He noted that “Gen Musharraf is a very impulsive man, erratic in behavior and not a very stable person.”iv. Gen (retd) Ali Kuli Khan (retired former chief of Military Intelligence) say that the Kargil operation was flawed in terms of its conception, tactical planning and execution, in which a large number of Pakistani soldiers laid down their lives.

“It is also fairly obvious that the Kargil Operations were not

Gen (retd) Ali Kuli Khan stated that “in his book

conceived in its totality, with the

Gen Musharraf decides to step into the biggest

result that apart from bringing

minefield when he brazenly refers to the Kargil

ignominy to Pakistan it also caused

Operations as "considered purely, in military terms,

unnecessary misery to a lot of innocent people” – Gen Ali Kuli

the Kargil Operations were a landmark in the history of Pakistan Army". I am totally amazed at such ostrich-like behavior when the whole world considers Kargil to be the worst debacle in Pakistan's history and where countless innocent young lives were lost for nothing. Absolutely nothing!” He argued that Gen Musharraf tried to divert the blame to political leadership. However, allegations can only be made when one‟s own work is above par. Gen Ali Kuli stated that he regret to say that the conception and planning at the highest level had been poor; in fact so poor that the only word which can adequately describe it is unprofessional. We all know that the main duty of the high command is to ensure that with their meticulous planning they create conditions whereby their junior combatants can fight easy. This was certainly not done at Kargil. It is also fairly obvious that the Kargil Operations were not conceived in its totality, with the result that apart from bringing ignominy to Pakistan it also caused unnecessary misery to a lot of innocent people. The account of General Musharraf regarding Kargil is inconsistent and has raised more questions than it has answered! We must have a full blown independent inquiry into the Kargil debaclev.

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D - First coup d’etat – October ‘1999 October

Gen Musharraf took control of the country on October 12, 1999 with

1999

coup d'etat against the then elected Prime Minister Nawaz Sharif, thereby giving himself the title of Chief Executive.

Gen Musharraf‟s first coming is attributed by most observers to heightened tension, after nuclear explosion, on Kashmir front followed by Kargil incident. The disagreement between Gen Musharraf and Nawaz Sharif centered around Prime Minister's desire to find a diplomatic resolution to the Kargil conflict with India. Following Musharraf's withdrawal of Pakistani troops from Kargil in Kashmir, he was on a flight home from Sri Lanka. He claims that Sharif ordered his dismissal and the plane's diversion into the hands of Musharraf's enemies. From the cockpit, Musharraf assembled his military forces. He was filmed at Karachi airport, dressed in combat fatigues, with cigarette and pistol. Three days later, dressed in a suit, he made his first address as the country's new leadervi. Mian Nawaz Sharif‟s action on October 12, 1999 for stopping the plane of Gen Musharraf the COAS and CJCSC of the country from landing is condemnable act, and it was certainly inappropriate. Later, Gen Musharraf returned the favor by not allowing Nawaz Sharif and his

Watched by foreign journalists, troops

brother to enter the country. Both of these actions are

seized the state TV station – Oct „99

equally criminal, illegal and immoral, and neither can be justified. It was a 17 hour operation to carry out military coup and take over the power. In fact the real action was only in last hour, where Gen Musharraf rallied his troops and took over Karachi airport to land. And not so surprisingly, the army showed how well they were prepared to take over from civilian government at very short notice. Events began when Gen Musharraf, on an official visit to Sri Lanka, received intelligence that tension between the prime minister and himself had finally reached a head. Prime Minister Nawaz Sharif and intelligence Chief General Ziauddin, secretly met in Islamabad and move against him. On his landing he will be taken into custody and presented as a "retirement" and Gen Ziauddin would step into the most powerful job in the Pakistani military.

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V0.5 However, Back in Islamabad, chief of the general staff Lieutenant-General Mohammed Aziz, and head of the 10th Corps Lieutenant-General Mahmood Ahmed, began plans to mobilize troops stationed in nearby Rawalpindi. Nawaz Sharif formally appointed Gen Ziauddin at his official residence at 1540 that afternoon. But things went wrong from here, as Gen Ziauddin could not find a single commander to accept his command. Between them, they decided that they have to stop Musharraf from landing. Gen Ziauddin ensured Nawaz that he can control army if Musharraf is stopped from landing at Karachi. Nawaz Sharif agreed to the high-stakes plan and at about 1600, his staff officially announced Gen Musharraf's retirement. It was all the excuse the army high command needed and an hour later troops from 111 Brigade of the 10th Corps were on their way to Islamabad. They quickly took over TV stations and captured Prime Minister Nawaz Sharif. Back in Karachi Airport Gen Musharraf kept the plan Troops surrounded Karachi airport where Gen Musharraf was landing – Oct „99

circling the airport until the army took over, after which plane landed. He charged later that Nawaz Sharif ordered the flight to be sent to Nawabshah in Sindh province

where, it is believed, the prime minister had dispatched his own jet and security team to take the general into custody.vii

E - Gen Musharraf Proclaims First Marshall Law Hours after overthrowing Prime Minister Nawaz Sharif government, Gen Musharraf addressed the nation. He proclaimed his rule and that the Armed forces have moved in as last resort in the interest of countryviii. The text of emergency was no different that repeated many times before – “The Constitution of Pakistan shall remain in Abeyance” and “the whole country is under Army Control”. He claimed that the Constitution has only been temporarily held in abeyance. This is not martial law, only another path toward democracy. He said this back in 1999, and he will replay this record again in 2007.

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V0.5 That The armed forces have no intention to stay in charge any longer than is absolutely necessary to pave the way for true democracy to flourish in Pakistan

Policy objectives – 7 point agenda / promises Gen Musharraf set out infamous 7 point agenda for himself:

“My

dear countrymen, our aims and objectives

shall be: 1. Rebuild national confidence and morale; 2. Strengthen federation, remove inter-provincial disharmony and restore national cohesion; 3. Revive [the] economy and restore investors' confidence; 4. Ensure law and order and dispense speedy justice; 5. Depoliticize state institutions; 6. Devolution of power to the grassroots level; and lastly, 7. Ensure swift ... accountability. ... ” World will witness which of these seven points he achieved in his solo rule. All of these promises will be broken in time to come. Some of the promises he made during his speech are following:

Appointment of Government:

“All these appointments shall be made purely on 9

Musharraf’s Proclamation of First Marshall Law In pursuance of deliberations and decisions of chiefs of staff of the Armed Forces and corps commanders of Pakistan Army, I General Pervez Musharraf, chairman joint chiefs of staff committee and chief of army staff, proclaim emergency throughout Pakistan and assume the office of the chief executive of the Islamic Republic of Pakistan. I hereby order and proclaim as follows: The constitution of the Islamic Republic of Pakistan shall remain in abeyance The president of Pakistan shall continue in office The National Assembly, the provincial assemblies and Senate shall stand suspended The chairman and deputy chairman of the Senate, the speaker and deputy speaker of the National Assembly and the provincial assemblies shall stand suspended The prime minister, the federal ministers, ministers of state, advisers to the prime minister, parliamentary secretaries, the provincial governors, the provincial chief ministers, the provincial ministers and the advisers to the chief ministers shall cease to hold office The whole of Pakistan will come under the control of the Armed Forces of Pakistan. This proclamation shall come into force at once and be deemed to have taken effect on the 12th day of October, 1999.

V0.5 the basis of professional competence, merit and repute.” A promise that he will never fulfilled. He will make every appointment based on personal bias, handpicking the person who gives most allegiance to his rule.

Economy:

“To revitalize our economy, in addition to measures like recovery of the looted national wealth - a task that will ruthlessly be pursued - I am identifying policy guidelines, some of which are: rebuilding of investors' confidence through stability and consistency in economic policy and economic security - the objective is to encourage the local investors, overseas Pakistanis, and foreign investors; increase domestic savings; carry out pragmatic tax reforms; turn around state enterprises toward profitability; boost agriculture and revive industry; strict austerity measures..” Economic Policy Objectives: Gen Musharraf set forward four major policy objectives on the economic front. 1. First, to stabilize the country‟s debt situation with a view to restoring macroeconomic stability. 2. Second, to revive economic growth and restore investor confidence. 3. Third, to arrest the rising trends in poverty and, 4. Fourth, to improve governance.

Accountability:

“The

process of accountability is being directed especially toward those guilty of

plundering and looting the national wealth and tax evaders. It is also directed toward loan defaulters and those who have had their loans rescheduled or condoned. The process of accountability will be transparent for the public to see. My advice to the guilty is to return voluntarily national wealth, bank loans, and pay their taxes before the hand of law forces them to do so with penalty.”

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V0.5 He will later established National Accountability Bureau (NAB) and used it as a tool to keep opposition out of political arena. On October 3rd, 2007 the National Reconciliation Ordinance 2007 was promulgated by Gen Musharraf to withdraw all corruption cases registered in NAB against political affiliates and Benazir Bhutto that were registered between Jan 1, 1986, and Oct 12, 1999. Benazir was biggest beneficiary, others included Altaf Hussain (MQM Chief) and Aftab Ahmed Khan Sherpao (Musharaf‟s Interior Minister) and various members of government political affiliatesix.

Media:

“I have great regard and respect for the media. I trust it to play a positive and constructive role. I am a firm believer in the freedom of the press and I am even considering liberalizing the policy on the establishment of private television and radio channels.” This claimed became total farce after his outrageous attack on Media and Press. He shutdown every TV channel, except that the TV channel give allegiance to his rule. Some of the mainstream News Channels like Geo TV and ARY One World were still blacked out at the time of writing this paper.

Gen Mushrarraf‟s great regard and respect for press and media is highlighted by these pictures – Nov „07

Kashmir:

“The people of Kashmir have made great sacrifices for the achievement of their rights promised to them by the United Nations. We shall continue our unflinching moral, political, and diplomatic support to our Kashmiri brethren in their struggle to achieve their right of self-determination. India must honor the UN resolutions and its own commitment to the people of Kashmir. It must also end its repression of the Kashmiri people and respect their fundamental human rights.” 11

V0.5 Gen Musharraf will back track on his promise and he himself will not honor the UN resolution. “Pakistan would give up its claim on Kashmir”- “Pakistan is prepared to forgo its claim on the disputed territory of Kashmir” said Gen Musharrafx.

F - Post First Marshall Law activities General’s first strike at Judiciary – 2000 December

Immediately taking over the control of power and removing

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constitution, Gen Musharraf issued order for Supreme Court judges to take fresh oath. The order called “Oath of Office (Judges) Order,

2000”xi is order issued by then Chief Executive of Pakistan Gen Pervez Musharraf. It required the judges to take a fresh oath of office swearing allegiance to military rule. Judges must swear that they will make no decisions against the military rule. Read the text of this Order on the following page and judge for yourself. Many judges including Chief Justice Saeeduzzaman Siddiqui and 13 Supreme Court judges including Justice Nasir Aslam Zahid, Justice Wajeehuddin Ahmed refused to take the fresh oath and all of them were dismissed by General Musharraf. With this action, Gen Musharraf broke away from his 7-point agenda. He engaged in politicizing and interfering in the Judiciary, obstructing the law and justice, and not allowing devolution of power to grass root level. Hence, he left no room for swift accountability or any accountability for that matter. In fact, it will be observed throughout his solo-rule that he continuously worked to consolidate power for his own position. When he is Army chief, he moved all powers there. When he became Chief Executive, he delegated powers to CE, when he became President, he delegated powers to President. Gen Musharraf made fool out of the nation and he kept toying with Constitution and Judiciary throughout his solo-rule. Chief Justice Saeeduzzaman Siddiqui noted in an interview: “I was the Chief Justice of the Supreme Court in October 1999 when Gen Musharraf took power. He came to see me at my official residence and I advised him of two things. First, to refrain from interfering in the working of the judiciary, and second, not to try and amend the constitution because this power cannot be given to an individual. It is to be exercised by an elected parliament. But the last time I met him he informed me that he wanted the judges to take a new oath.

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V0.5 I refused to do this. I felt that this whole process had been repeated too many times and it was time to take a stand. However, I could not get all the judges to stand behind me and while six of us took a stand, seven judges took the new oath”xii. “The judiciary is not independent and cannot be in the circumstances. There is no

Excerpts from TEXT of Oath of Office (Judges) Order, 2000: No. 2-2/2000-Min. I.-WHEREAS in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, as amended, the Constitution of the Islamic Republic of Pakistan has been held in abeyance; WHEREAS Pakistan is to be governed, as nearly as may be, in accordance with the Constitution and the Chief Executive has and shall be deemed always to have had, the power to amend the Constitution; WHEREAS all Courts in existence immediately before the commencement of this Order have been continued to function and to exercise their respective powers and jurisdiction; subject to the Proclamation of Emergency and Provisional Constitution Order No. 1 of 1999 as amended. AND WHEREAS to enable the judges of the Superior Courts to discharge their functions, it is necessary that they take Oath of their office; 2. Interpretation.-In this Order, "Superior Court" means the Supreme Court of Pakistan or a High Court or the Federal Shariat Court and "Judge" includes Chief Justice. 3. Oath of Judges.-(1) A person holding office immediately before the commencement of this Order as a judge of Superior Court shall not continue to hold that office if he is not given, or does not make, Oath in the form set out in the Schedule, before the expiration of such time from such commencement as the Chief Executive may determine or within such further time as may be allowed by the Chief Executive. (2) A judge of Superior Court appointed after the commencement of this order shall, before entering upon office, make Oath in the form set out in the Schedule. (3) A person referred to in clauses (1) and (2) who has made oath as required by these clauses shall be bound by the provisions of this Order, the Proclamation of Emergency of the fourteenth day of October, 1999 and the Provisional Constitution Order No. 1 of 1999 as amended and, notwithstanding any judgment of any court, shall not call in question or permit to be called in question the validity of any of the provisions thereof. (4) A judge of Supreme Court or Federal Shariat Court shall make the oath before the President/Chief Executive or a person nominated by him and a judge of High Court shall make the oath before the Governor or a person nominated by him. 4. The Chief Executive may, for the purpose of removing any difficulties, or for bringing the provisions of this Order into effective operation, make such provisions as he may deem to be necessary or expedient.

security of tenure for judges. Whenever, a military ruler takes over, a new oath is administered to the judges. There is no respect for the constitution which is the highest law of the land” – CJ (retd) Saeeduzzaman Siddiqui. Refer to following for the text of Oath of Office (Judges) Order, 2002: 

Oath of Office (Judges) Order, 2000 (1 of 2000) (dated 25-1-2000).

@ http://www.pakistanconstitution-law.com/appendix13.asp 13

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September 11, 2001 – Riding the wave to legitimize rule Gen Musharraf was one of the biggest beneficiary of September 11 event. Prior to it, he was struggling to get legitimacy for his doctorial (Marshall Law) rule in International Community. This event gave him the opportunity to legitimize his rule. However, this is also a fact that because of his weak position due to illegal rule, he had no choice but to comply with US demands. Gen Musharraf later claimed in his book that Bush administration threatened to send Pakistan to Stone Age. “The intelligence director told me that (Armitage) said, „Be prepared to be bombed. Be prepared to go back to the Stone Age‟.” xiii Within days of 9/11 President Musharraf cut his government‟s ties to the Taleban regime in Afghanistan and co- operated with US. In return, Bush administration showered him with cash and praise. In his address to nation, Gen Musharraf often use excuse that The US allegedly ordered Pakistan to crush dissent

“we saved our country”, or “Pakistan first” and we had to save Pakistan, we made this decision to save Pakistan, otherwise

they would bomb us to Stone Age. These are typical delusional theories to satisfy self consciousness. If one person makes the most difficult decision in the history of country, especially from a weak position he held, these kinds a delusions are not abnormal. If such decisions are presented to council of people, would they make the same decision?. It seems Gen Musharraf sacrificed Afghanistan to save his country. Did that save Iraq? or will that save Iran? Divide and rule has always been a prevailing theory amongst invaders. The new dimension that has been added to it is in the „rule‟ part, i.e. divide them, but don‟t rule them directly. The modern invaders use a proxy dictator to rule. This way they don‟t get attention of hate and rage generated by the oppressed people. Importantly it allows them flexibility to disown the crimes committed in the process by disowning the dictator at later stage – how else can we describe Saddam Hussein. And to Gen Musharraf‟s claim, has he really saved the country? He has brought country to a state of total failure. None of the institute is functioning except that they are subjugated to single mans desires. There is no law in the country; most of the Law is „house-arrested‟, and people have no hope to receive any justice. The bombs are exploding all over the country, thanks to Gen Musharraf‟s internal policies. In his early 14

V0.5 speech after he took over power, he promised to restore “harmony” – or I am taking over for “nation building task” – so far all he managed to do is create disharmony and disunite the nation. The interference from external country has reached to such extend that delegates from foreign countries poured in before making key decision. Phone calls are received with specific directives. Explanations and detailed programs are discussed during these visits and calls. The US and UK were always part of interference, but the latest country joined is Saudi Arabia. Is this „saving the country‟ and „nation building”? or shall we call it “selling the country” and “disharmony”?. Gen Musharraf should answer us;”What honor has left in the nation”?. It is important to mention following verse of Quran for Gen Musharraf:

29:41 “The example of those who take allies other than Allah is like that of the spider who takes a home. And indeed, the weakest of homes is the home of the spider, if they only knew.”

Enlightened moderation and Ataturkism We will keep the discussion and context of this topic only to Pakistan and without discussion on Islam. The so called theory of Enlightened Moderationxiv propagated by Gen Musharraf so often is two-pronged strategy, as stated by the Gen: 1. One part to be delivered by the Muslim World is to shun militancy, extremism and adopting the path of socio-economic uplift. 2. The other part to be delivered by the West, and the US in particular, must aim at resolutely resolving all political disputes with justice and also assisting in the socioeconomic uplift of the deprived Muslim World “The root cause of extremism and militancy lies in political injustice, denial and deprivation”. He further elaborates, “Political injustice to a nation or a people when

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V0.5 combined with stark poverty and illiteracy makes the explosive mix leading towards an acute sense of deprivation, hopelessness and powerlessness”. At this point, one must ask the Gen, who is depriving the nation with “political injustice” (we will keep the discussion to Pakistan)? Is this the west that declared Mashall Law twice, sack the judiciary, shut the press, and lockup the entire political leadership? Preaching is good only when you practice it yourself. These actions of Gen Musharraf were further aggravated by his illegal kidnapping and extra judicial killings in various part of the country, especially in the north and Waziristan, and followed by live on-air genocide at Red Mosque has created “an acute sense of deprivation, hopelessness and powerlessness” in the entire country. Gen Musharraf further added “A people suffering from a combination of all these lethal ills are easily available cannon fodder for the propagation of militancy and the perpetration of extremist, terrorist acts”. Thanks for letting us know. This is the State of Nation on November 2007. Who do we blame? The cannon fodder, or Gen Musharraf for bringing us here? Gen Musharraf further says “We have had a glorious past. Islam exploded on the world scene as flag bearer of a just, lawful, tolerant and value oriented society”. All of these values ceased to exists in Pakistan on November 3rd 2007, when Gen Musharraf announced his latest Marshall Law by sending Constitution to abeyance, locking up the Justice in their houses, and showering intolerance by jailing every opponent in the country. Furthermore, new values were devised by claiming Immunity for himself through a PCO signed by himself? Are these the values of any decent society? He further stated that “The Armies of Islam did not march forward to convert people to Islam through the sword, despite what perceptions may be, but to deliver them from the darkness they were under, through the visible example of their virtues. What better projection can be found of these deeper values of Islam than the personal example of our Holy Prophet (PBUH) who personified justice, compassion, tolerance of others, generosity of spirit, austerity with a spirit of sacrifice, and a burning desire for raising humanity to a better world. The Muslim World today is distant from all these values. We have been left far behind in social, moral and economic development.”

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V0.5 One must correct the facts for General. The armies of Islam are not on the march. It is opposite of that, the Muslim countries are invaded and occupied. Muslim Armies are not going out to kill others. It is the opposite of that, others are coming to their land to kill them. The Muslims are not trying to convert people through sword. It is the opposite of that, others and their proxies are trying to convert Muslims to become Ataturk. We are left far behind in economic and scientific development, not because we wanted to, but because the invaders and their proxy-dictator are not letting the nation building task. They are not allowing people to have freedom, freedom of speech and freedom of choice. One of the qualities of dictator is that he never allows knowledge and information to flow, except what is beneficial to his own rule. Because it‟s detrimental to his rule. Learned people ask questions, learned people ask their rights, learned people are able to criticize policies, and learned people do not allow themselves to be subjugated. In eight year rule of Gen Musharraf, he did not allow any civilian institute to get strength. He interfered in every institute and he ensured that there is no resistance to his rule from any one. Gen Musharraf explained „extremism‟ as state of mind, when a person tries to impose his opinion on others. “Extremism reflects rigidity of mind, wherein the extremists force, particularly their views on religion, on others and those with such extreme views ..” The solo person who is trying to impose his opinion on the entire nation is Gen Musharraf (marhsall-law 1, marshall-law 2, solo-lfo, solo-17th amendment, solo-pco, “I decided”, “I have imposed”), and now he is imposing his „enlightened moderation religious doctrine‟. We rest our case here. Expending on his EM doctrine, Gen Musharraf also took the line that either you are enlightened moderate, or you are with extremist. He divided the nation into a new sect. Those who are „enlightened‟ and rest who are „extremist‟. This created massive disharmony in the country. No one before Musharraf tried to divide the nation on these lines, especially when there is no definition of what this enlightened Muslim look like. Does this Muslim pray?, does he fast?, does he stay away from obscenity?, does enlightened Muslim read Quran, understand it and implement it? And if he doesn‟t, is he still Muslim or Enlightened for that matter? Does Enlightened Muslim live by Shariah?

17

V0.5

Rigged Referendum – April 30th, 2002 April

The purpose of referendum was to legitimize Gen Musharraf‟s rule and

2002

instill himself as President of Pakistan for five year term. Remember this for later part of story, as Gen Musharraf will repeat the same show

in 2007 to get another five year term. After implementing Marshall Law, Gen Musharraf assumed the title of Chief Executive of Pakistan, and Presidency was kept with President Rafiq Tarar. Gen Musharraf claimed he is doing it only to get the

Referendum question: "For the survival of the local government system, establishment of

country out of turmoil and he has no personal interest

democracy, continuity of reforms,

to hold the position of leadership. Later, he sacked

end to sectarianism and extremism,

President Rafiq Tarar to make way for himself to

and to fulfill the vision of Quaid-i-

legitimize his own rule.

Azam, would you like to elect President General Pervez

Before the general elections of „02, a referendum was held on April 30, 2002 for Gen Musharraf to be

Musharraf as President of Pakistan for five years?”.

elected as the President of Pakistan for another five years term. Officially, Gen Musharraf wanted to abide by “democratic principles and establish legitimacy for his rule”, though in the Constitution there was no provision to become President through referendum. Once again, (app ki tabedar) Supreme Court of Pakistan dismissed all petitions challenging the holding of the referendum declaring it was a valid exercise under the Provisional Constitutional Order (PCO). Gen Musharraf claimed that his staying is necessary for the country for economic recovery, to ensure social stability, to counter unnamed destabilizing influences, and to eventually return to "true democracy". A claim he will repeat again in ‟07. Referendum was opposed by all parties, except the king‟s party. 15 party alliance was created under the name of ARD (Alliance for the Restoration of Democracy), mainly led by PPP and PML-N. The referendum question put forward to the people was: "For the survival of the local government system, establishment of democracy, continuity of reforms, end to

18

V0.5 sectarianism and extremism, and to fulfill the vision of Quaid-i-Azam, would you like to elect President General Pervez Musharraf as President of Pakistan for five years?” According to the government there were 78 million eligible voters. 87,000 polling stations were set up, including booths set up at prisons, hospitals, petrol stations, workplaces, and markets. However, there were no voter lists or constituencies, and anyone who could prove his identity and age could vote at any polling station. Rules relaxed so people could vote without their national identity card if they had other proof of who they arexv. Gen Musharraf claimed landslide victory. The ECP claimed nearly 43.9 million votes were polled Results announced claimed to be 98% in favor of Gen Musharraf with 70% turnaround! 2% discount was only allowed for any possible future improvements in similar endorsements. Political parties boycotted the referendum. No one was allowed to express opinion against the referendum. Holding public meeting, rallying or demonstrations, were all but banned. The opposition political parties claimed that the turnout was merely 5 to 10 percent. Newspaper reports alleged massively rigged polling and a low turnout as against the claims made by the government. Human Right organizations and independent observers, including the non-governmental Human Rights Commission of Pakistan (HRCP) and Pakistani journalists, found evidence of widespread fraud and coerced voting. Electoral rolls and national identification cards were dispensed with, ballots were routinely cast in the presence of, or even by, polling officials, and observers reported numerous cases of multiple voting. Police and local government officials in all four provinces transported busloads of voters to polling stations. Most disturbing were claims by both public and private sector employees, cited in the Pakistani press, that they had cast "yes" votes on the orders of their supervisorsxvi. The vast majority of voters fell in the category of 'captive voters' - prisoners (voting inside prisons was claimed to be 100 per cent), state and local bodies employees, factory workers (who were driven to the polling booths located within the factory premises in controlled batches). Voluntary turn-out was very low. The voters marshalled by local councilors enjoyed the freedom to vote as many times as they wished.

19

V0.5 Following Report from Human Rights Commission of Pakistan presents a detailed account of rigging that occurred in this referendum: 

http://www.hrcpelectoralwatch.org/referendum.cfm

This Referendum was named “The April Fool Referendum” by many. No legitimacy can be drawn from such a shameful display of utter contempt of Constitution and fooling the entire nation.

LFO – The (il)Legal Framework Order – August 2002 August

The Legal Framework Order, 2002 (LFO)xvii was unilaterally issued by

2002

President Pervez Musharraf in August 2002. It paved the way for General Election ‟02, however, the order with passed with various

amendment to the Constitutionxviii. In summary, LFO empowered Gen Musharraf with following illegitimate rights: 1. Firstly, it confirmed Gen Musharraf status as President of Pakistan for five year term (to end in August, 2007 which will result in another turmoil). 2. Secondly, it gave Gen Musharraf authority to unilaterally dismiss the government and the national and provincial parliaments. 3. Thirdly, establishing of National Security Council, dominated by military officers that will hold more power over any elected representative parliament member. 4. Fourthly, it restored Article 58(2)(b) of the Constitution, originally introduced by Gen Zia-ul-Haq to allow him powers to dismiss the National Assembly at will, and which was repealed by Act of Parliament in 1997. 5. Fifth, it amendments circumscribe freedom of association and the right of individuals to stand for elected office, and introduce new criterion for eligibility for election candidates. 6. Finally, LFO validated all orders and laws promulgated by Gen Musharraf, as well as all actions taken by persons acting pursuant to them, and declared that they "shall not be called into question in any court on any ground whatsoever."

20

V0.5 Officially, NSC was institute that will serve as a consultative body on strategic matters and advise on democracy, governance and inter-provincial harmony. In practice, it was clearly Musharraf's unwillingness to restore genuine civilian rule and keep the control within Military circles. Similarly, Article 58(2)(b) was termed as process of Checks and Balances. In practice, it was a political tool to dismiss any civilian rule that disobeys Gen Musharraf‟s command. The new eligibility criteria required candidates to at least hold Bachelor‟s degree for election of National Assembly and Senate. This was instrumental to removing majority of candidates, given country‟s poor educational record and infra. LFO also disqualified criminal convicts, defaulters on loans and utility bills, and absconders from court proceedings. This order was the most effective political tool to rid most opposition leadership. It was designed to ensure the disqualification of former prime ministers Nawaz Sharif and Benazir Bhutto, who were the leader of largest political parties. Both were first booked in various cases under the National Accountability Ordinance (NAO)xix promulgated. NAO in conjunction with the new eligibility criteria has been most effective political tool of Gen Musharraf‟s solo-rule to keep any opposition out of the game. The last amendment legalized all illegal action of Gen Musharraf past, present, and future activities. He was granted immunity that not even the Prophets enjoyed. All of military abuses, extra judicial kills, tortures and harassments were legalized. LFO was passionately protested and rejected by majority of opposition parties, legal fraternity and Bar Councils: PPP rejects constitutional amendments, “The PPP rejects the National Security Council as a body of checks and balances over the elected government and institutions of democracy... It is a device to re-write the civil-military equation on the military‟s terms, which no civil society can accept,” said PPP‟s Farhatullah Babarxx. Lawyers and retd judges, bar council members all protested against it, the representatives of the bar have unanimously rejected it and announced to observe a protest day against itxxi.

21

V0.5 Bar Council termed LFO illegal, mala fide, “This act of Gen Pervez Musharraf is not only illegal, illegitimate, unauthorized, and mala fide, but also indicate that no real and true democracy could be restored in Pakistan and the liberalized deception/oppression of the uniform people/autocracy will go on in the name of democracy,” the Bar Council members maintained. Pakistan Bar Council and the Supreme Court Bar Association stated that by taking oath under the LFO the members of parliament would virtually be „signing the death warrants‟ of the National Assembly itself by conceding to the discretionary powers of the president to dissolve the National and provincial assemblies. They wrote letter to all political parties to tell them that by taking oath under the LFO they would be making a mockery of democracyxxii. Leaders of major political parties, eminent legal and constitutional experts rejected the establishment of the National Security Council and the Legal Frame Work Order, saying they are in total contravention of democratic and parliamentary norms. “They are black laws aimed at undermining the supremacy of parliament. The government should revoke these laws, otherwise democratic forces in the country stand committed to wage a struggle to force the rulers to reverse their arbitrary and whimsical decisions.”xxiii LFO was also challenged in Supreme Court of Pakistan, who ruled that LHP must go through scrutiny and the approval of Elected Government post election.xxiv Refer to following documents for detailed text of LFO:      

Legal Framework Order, 2002. (C.E.O. No. 24 of 2002, August 21, 2002). Legal Framework (Amendment) Order, 2002. (C.E.O No. 29 of 2002, October 9, 2002). Legal Framework (Second Amendment) Order, 2002. (C.E.O. No. 32 of 2002, October 26, 2002). Legal Framework (Removal of Difficulty) Order, 2002. (C.E.O. No. 37 of 2002, November 15, 2002) Legal Framework (Removal of Difficulty) Order, 2002. (C.E.O No. 41 of 2002, November 22, 2002). The National Security Council Act, 2004 (Act No. 1 of 2004 April 20, 2004).

@ http://www.pakistanconstitution-law.com/presidential_order.asp , these document provide an eye opener for people on how the Constitution is mauled, and how the Law is manipulated to change rules of game to suit one‟s goals, and to consolidate one‟s power.

22

V0.5

General Election – October, 2002 October 2002

After 3 years of Military rule, the elections were held on October, 10th 2002. More than 70 parties contested only the 8th national parliamentary election in 55 years. This included PPP, PML-N, MMA,

MQM, ANP, PML-Q (also called King‟s Party). There were more than 72 million registered voters aged 18 and above from a population of 140 million. Voting was carried out in 65,000 polling stations. The elections were observed and monitored by hundreds of local and 300 international observers, including observers from European Union and the Commonwealth, as well as local rights group. The new rules in these elections included 1. Convicted people were barred from taking part in elections under new legislation, in particular prime ministers, Benazir Bhutto and Nawaz Sharif, and many other opponents were unable to contest. 2. A must Bachelor‟s Degree to qualify, which eliminated large majority of current parliament, however, gave rise to Fraud Degree industry. 3. Voting age was lowered to 18 from 21. Prior to Election, Gen Musharraf claimed that he future parliament will have all powers to legislate, including the power to amend the Constitution as per the existing constitutional provisions. “I will not run the government” claimed Musharraf. “After the elections, the prime minister will be fully in charge (of things) and empowered to govern the country” He added. Gen Musharraf rejected allegations of pre-poll rigging. Despite Gen Musharraf‟s assurances that the elections would be fair, free and transparent, different political parties alleged that the elections were engineered and the government was involved in massive rigging. It was alleged that ballot engineering was behind the sluggish pace of announcements of the election results. The press was muted by promulgated Defamation Ordinance. Press retaliated to new ordinance: “We expressed major reservations with respect to the drift of the government‟s press policy, and strongly rejected the new clumsy attempt to curb the freedom of press through the proposed ordinances.” The voters‟ turnout was reported very low, between 15-20% 23

V0.5 Observers from the European Union described the elections as seriously flawed by official interference in favor of parties like the PML (QA), which supports President Musharraf. “Regrettably, in choosing the course of interference, the Pakistan authorities engaged in actions which resulted in serious flaws in the electoral process,” European Union Election Observation Mission (EUEOM) said. However, United States quickly accepted the results and declared it credible.xxv Gen Musharraf lashed out at EU EOM report and said they have no business to interfere in Pakistan‟s Election. Pakistan later officially complained to EU, especially about their remarks on NSC and Clause 58-2-b where President Gen Musharraf casting his vote in 2002 Election

retained power to axed elected government. EU EOM noted following items in their report: 1. The co-operation from the federal authorities was less that what had been expected, 2. Expressed serious concerns regarding the independence of the Election Commission of Pakistan, the restrictions on political parties and their candidates, the misuse of state resources, some unbalanced coverage in the state media, deficiencies in the compilation of the voting register and significant problems relating to the provision of ID cards. 3. The four Commissioners are all seasoned judges with extensive legal background. However in the field of election administration they are all new. A telling example is the CEC who was appointed less than ten (10) months prior to Election Day. 4. ECP failed to curb the authorities‟ misuse of state resources in favor of political parties, in particular, but not exclusively, for the PML(QA). This has casted serious doubts over the ECP‟s independence. This became apparent when both President Musharraf and the Commissioner of Islamabad imposed serious restrictions on campaign activities, which clearly ran contrary to the Code of Conduct 5. Selective attitude towards Benazir Bhutto and Nawaz Sharif to keep them out of Election Process. However, same was not applied towards candidates of King‟s Party, such as Aftab Sherpao (who was charged by NAB for misappropriation of funds, and acquitted after affiliating to Gen Musharraf), and pro-Musharaf Mr. Chaudhry Shujaat

24

V0.5 Hussain and Mr. Pervez Elahi (who have had large bank loans written off. On 20 September 2002), 6. There are reasons to believe that charges raised by the National Accountability Bureau (NAB) have been used as one of the forms of pressure against certain candidates. This becomes even more obvious given that similar charges have been dropped in cases where politicians have joined pro-government parties. 7. The limited time allocated to electioneering and the many restrictions imposed seriously hampered the abilities of parties and candidates to campaign and contributed to the lackluster campaign. This is of grave concern to the EU EOM as the freedom of assembly and freedom of speech are essential components of a democratic election contest. 8. EU EOM noted worrying signs that the well-established tradition of state interference with the work of journalists and editors had not completely disappeared. Several journalists and editors, particularly in the English press, said they came under pressure from the authorities to downplay or suppress reports, which were unfavorable or touched on sensitive issues considered by the authorities to be of national interest. 9. In the weeks preceding the elections, the government introduced a Defamation Ordinance and promulgated other laws on Freedom of Information, the establishment of a Press Council and the registration of newspapers. Some elements of these laws raised concern about press freedoms 10. Interference of Public authorities and misuse of state resources EU EOM concluded that the holding of a general election does not in itself guarantee the restoration of democracy. electoral

The

unjustified

arrangements,

as

interference detailed

in

with report,

John Cushnanan (left) hands over the final report on the EU's Election Observation Mission to Pakistan to Commissioner Chris Patten (right).

irrespective of the alleged motivation, resulted in serious flaws being inflicted on the electoral process. Additionally, questions still remain as to whether or not there will be a full transfer of power from a military to civilian administration.

25

V0.5 Government tried all tactics to maximize results in their favor. They removed the ban on deflection and openly did horse-trading of opposition parties MNA. Once, they purchased enough, they restored the ban again, so that the purchased MNA cannot go back. Supreme Court gloated on the wisdom of Doctrine of State Necessity and described its decision of validating the military takeover as universally accredited. However, Supreme Court Bar Association president Hamid Khan deplored such comments as “disparaging remarks about the independence of the judiciary”. Senior Lawyers Khalid Anwar and SM Zafar welcomed SC judgment on approving military takeover. Reports from EU Election Observation Mission to Pakistan - October 2002: 

European Union Election Observation Mission: Final Report



http://ec.europa.eu/external_relations/human_rights/eu_election_ass_observ/pak/inde x.htm

The Constitution of Pakistan or Military Ordinance? By this time Gen Musharraf‟s military government was able to sneak a long list of constitutional amendments. The ordinances issued in the month of October 2002, mostly after Oct 12, are: 1. Press Council of Pakistan Ordinance, 2002; 2. The Press, Newspapers, News Agencies and Books Registration Ordinance, 2002; 3. Freedom of Information Ordinance, 2002; 4. Industrial Relations Ordinance, 2002; 5. Companies (Amendment) Ordinance, 2002; 6. Railways Regulatory Authority; Patent (Amendment) Ordinance, 2002; 7. Marketing of Petroleum Products (Federal Control) (Repeal) Ordinance, 2002; 8. Protection of Breast-Feeding and Child Nutrition Ordinance, 2002; 9. Bait-ul-Mal (Amendment) Ordinance, 2002;

26

V0.5 10. Monopolies and Restrictive Trade Practices (Control and Prevention) (Amendment), Ordinance, 2002; 11. Pakistan Broadcasting Corporation (Amendment), 2002; 12. National School of Public Policy, 2002; 13. Islamabad Capital Territory Local Government Election (Amendment) Ordinance, 2002; 14. Representation of the People (Fourth Amendment) Ordinance, 2002; 15. The Senate Election (Second Amendment) Ordinance, 2002; 16. Gwadar Port Authority Ordinance; Conduct of General Elections (Sixth Amendment) Order, 2002; 17. Criminal Laws Reforms Ordinance 2002; 18. Election of Members of Senate from the Federally Administered Tribal Areas Order, 2002; 19. Senate Election (Amendment) Ordinance, 2002; 20. National Fund for Cultural Heritage (Amendment) Ordinance, 2002; 21. Defence Housing Authority Lahore Order 2002; 22. Electronic Transactions Ordinance 2002; 23. Employees Old-Age Benefits (Amendment) Ordinance, 2002; 24. General Elections (Fifth Amendment) Order, 2002; 25. Official Secret (Amendment) Ordinance 2002; 26. Foundation University Ordinance, 2002; 27. Cantonment Local Governments (Election) Ordinance, 2002; 28. Unani Ayurvedic and Homeopathic Practitioners (Second Amendment) Ordinance, 2002;

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V0.5 29. Agricultural Development Bank of Pakistan (Reorganisation and Conversion) Ordinance, 2002; 30. Health Services Academy Ordinance, 2002; 31. Cotton Standardization Ordinance 2002; 32. National Institute of Health (Amendment) Ordinance, 2002; 33. Federal Ministers and Ministers of State (Salaries, Allowances and Privileges) (Amendment) Ordinance, 2002; 34. Family Courts (Amendment) Ordinance, 2002; Defamation Ordinance, 2002.

Opposition parties issue statements against issuance of ordinances, but to no avail. The military government took the position that the chief executive has amended the Constitution under the legislative powers which were granted to him by the Supreme Court. Pakistan Institute of Legislative Development And Transparency – PILDAT concludes that during a short history of Pakistan seventeen amendments were made to The Constitution of Pakistan. Some of these amendments particularly the Eighth and the Seventeenth Amendments have virtually changed the face of the Constitution. The Constitution as it stands today is completely different legal and political document than it was when originally passed in 1973. Its structure, particularly in terms of provisions relating to the parliamentary system of government and the provincial autonomy, has undergone a complete volte-face. Another important feature of these amendments is that only 18 out of 65 Articles amended by the RCO were modified by the Eighth Amendment (General Zia-ul-Haq era). Similarly, only 9 out of 29 Articles introduced by LFO were modified by the Seventeenth Amendment (Gen Musharraf era). A peculiar feature of the history of the Constitutional Amendments is that most of the Amendments were passed hurriedly without reference to Parliamentary Committees. Even there were no readings of the amendment Bills and the vote of both Houses on such Bills were rushed on the basis of brute majority. In the case of Fourth Amendment, the opposition members were physically thrown out of the Parliament at the time of the passing of the Amendment. There have been amendments where Amendment Bills were 28

V0.5 moved and passed around mid night. Even the parliamentarians did not have the copy of the Bill before it was actually moved in the Parliament. Where there was an impression that the amendment Bill would not be favored by the President or the Establishment, clandestine strategies were adopted, particularly in case of Thirteenth and Fourteenth Amendments so that the Establishment would not have time to react and defeat such Amendment Bills. The Eighth Amendment was passed after lengthy Parliamentary debate spread over six to eight weeks. There was some Parliamentary debate over the Second and Fifth Amendment. The Sixth Amendment, which was meant to favor one person, was passed clandestinely without any debate. The Seventeenth Amendment was deliberately rushed through the Parliament with Establishment breathing down the neck of the Parliament in order to ensure that it was passed by both Houses before the holding of the SAARC Conference in the first week of January 2004. Hence, in Pakistan, the convention of Parliamentary debates, an essential feature of Parliamentary democracy, is yet to develop. It has been mainly stifled by the military rulers but unfortunately some of the civilian rulers have not fared much better.xxvi

29

V0.5

17th (un)Constitutional Amendment – December, 2003 Nov 2002

17th amendment was affirmation of LFO orders and all actions of Gen

Dec 2003

Musharraf‟s rule up to this time, and to provide him immunity and legal cover for all his illegal actions,

or those committed on his authority by his supporters. Even though that Gen Musharraf King‟s party had majority of seats in the parliament, they were short of 2/3 majority needed to pass 17th Amendment (or ratify the LFO). This bill will paralyze the parliament until MMA (Muttahida Majlis-e-Amal) alliance of religious parties and ARD came to his rescue. “The ARD and MMA are prepared to give indemnity to all acts of the military regime during the past three years, provided the army gives up power, returns to the barracks and restores the Constitution in the pre- takeover form”, said senior leader Nawabzada Nasrullah Khan. They positioned it as an offer to allow safe passage for army to leave political arena, by accepting Gen Musharraf as president, provided the constitutional amendments, including the LFO, giving him extraordinary discretionary powers, are withdrawn and he quits the post of chief of army staff. Qazi Hussain Ahmed (JI) threatened to quit NA if LFO is accepted. This was only their wishful thinking, as it will later turn out to be. Gen Musharraf wasn‟t going to leave the power in any shape or form. On November 16h, 2002 Chief Executive aka Gen Musharraf partially revived the Constitution, including the controversial LFO amendments and clause 58-2-b. National Assembly opened its first regular session on February 26th, 2003 more than four months after its election. Heated debates on LFO became norm in assemblies, as Gen Musharaf tried to sneak in LFO as defecto part of Constitution. The NA came to stand still on LFO issue as opposition parties refuse to accept one man law. Puppet Prime Minister Jamali defended LFO and

30

V0.5 promised to request the General to remove controversial parts. Lawyers continued to protest against LFO across the country. Opposition parties refused to take oath under LFO. Gen Musharraf send the NA on indefinite recess as “Go Musharraf Go” gets louder. Gen Musharraf‟s party finally gave into opposition‟s protest. Opposition members took oath under the un-amended constitution as it existed before Gen Musharraf seized power on Oct 12, 1999. Constitution of Pakistan was revived after 41 months interval. However, the extreme controversy remained on LFO, whilst Gen Musharraf refused to undo LFO and NSC, both necessary tools to retain Military rule and control. He also refused to shed his uniform and COAS title. NA was completely paralyzed, while Gen Musharraf refused to appear in parliament due to loud opposition protest. Puppet PM Jamali shuttled between opposition and General to negotiate a compromise. While Gen Musharraf loosing grounds with opposition, he was gaining grounds with US President G Bush with unchartered War of Error. In fact, some believes that Gen Musharraf had not choice but to keep his obedience with USA to legitimize his rule. During this phase, Indian Prime Minister Vajpaee scored key goals over Musharraf and pushed him to corner on Kashmir policy with the help of new indian business partners, USA. Gen Musharraf was in no position to negotiate with USA and India, with his back on wall with illegitimate rule. String this era, Musharraf govt made numereous statement on no-change-over-kashmir policy. Gen Musharraf was rewarded with dollars, however, gave Gen Musharraf certain „goals‟. May 29th 2003, Six months since the National Assembly was restored, Gen Musharraf‟s party continued their negotiations with opposition parties on LFO issue. After the deadlock on collective

bargaining,

they

started

negotiating

with

individual opposition parties, and Gen Musharraf directory negotiated with MMA. Lawyers continued their protest against LFO and faced administration, and Gen Musharraf responded that LFO can‟t be undone, and preached his unity 31

V0.5 of command doctrine. Especially, after his Camp David trip where he established „friendship‟ with President Bush, he was lot more confident of holding on power to meet certain „goals‟. He was happy to ignore issues in NA, as his term was safe now and he was $3 billion richer, with additional performance bonus certainly on its way. He was also preparing to make a U-turn on long standing Pakistan‟s Kashmir Policy. Now confident, Gen Musharraf hinted flexibility on core LFO issues related to uniform and NSC. MMA floated the idea that uniform can be accepted till November 2004 with acceptance from other parties. While Gen was negotiating with MMA, he managed to settled his differences with MQM, and voices could be heard that MQM ready to accept the Military governance. Internationally, Foreign Ministers of Commonwealth kept Pakistan status under suspension due to impasse on LFO issues, however, there were mere lip services and were never intended to genuinely harm Gen Musharraf‟s doctorial regime. USA fully supported and encouraged dictatorship in the country, both showering dollar and praise. Human Right Watch issued a reportxxvii on wrong doings, which was quickly rejected by Gen Musharraf. Report stated “General Pervez Musharraf took steps that further consolidated the army's authority and all but ensured that any future government would operate under military tutelage” and that it faces little international opposition. The international community almost unanimously eased diplomatic and economic sanctions when Pakistan backed the U.S.-led anti-terrorism coalition. Gen Musharraf reshuffled military command structure (to place die-hard buddies in commanding positions). So much for preaching „merit selection‟ to nation. Human Rights Watch Report can be downloaded from: 

HRW Report on Pakistan 2002 - http://hrw.org/wr2k2/asia9.html Oct-Nov 2003, Opposition parties, lawyers and bar associations and right activities continued their opposition to LFO. Prime Minister Jamali threatened new Marshall Law if LFO not accepted. Government arrested ARD chief Javed Hashmi on fabricated charges and was tortured in jail. Cracks started to appear in opposition as MMA tried to

negotiate LFO with Gen Musharraf. On November 29th 2003, MMA announced that an understanding has been achieved with government, and under the term Gen Musharraf 32

V0.5 will shed uniform by December 31st 2004. The final deal between MMA-Government was announced with following main items: 1. withdraw the three-year extension in retirement age offered to superior court judges, 2. keep the local governments under the Sixth Schedule for six years, 3. set up the National Security Council under an act of parliament, 4. the decision to dismiss a government under 58(2)b will be referred to the Supreme Court within 15 days, 5. the president will seek vote of confidence from the electoral college, 6. the president will consult the prime minister on the appointment of armed forces chiefs but will not be bound by the advice of the PM, and 7. the president will give up his uniform by December, 2004 Most of these items had no meaning, except item #7, which was merely wishful thinking of MMA leadership. Opposition alliance ARD rejected the pact as moving country to “on-unit” system. Later, Government moved the drafted in National Assembly as Seventeenth Amendment, however, tailored it. Aitzaz Ahsan of the People‟s Party argued against the bill that it was contrary to the joint stand of the ARD and MMA during their 13-month protest that presidential decrees forming the LFO and giving sweeping powers to Gen Musharraf could not become part of the constitution without a parliamentary approval. Maulana Fazlur Rehman defended what he called a satisfactory agreement. However, Qazi Hussain Ahmed came hard against the draft and defended Aitzaz Ahsan‟s argument. On, December 29th 2003, the darkest day of Pakistan‟s history, the Seventeenth Amendment was passed by National Assembly mostly by government MNA, and with the help of MMA members. The bill was approved by 248 (out of 342-lower house) members, while 0 vote against it as opposition boycotted the voting. The bill largely endorsed Gen Musharraf‟s solo-law aka LFO. The bill largely retained the president powers and was a negation of parliamentary system of government.

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V0.5 History Repeated: The bill‟s passage was throwback of a similar package passed by the National Assembly in 1985 that indemnified actions of then president Gen Ziaul Haq and introduced article 58(2)(b) in the then revived Constitution. xxviii In summary, Seventeenth amendment did following damage to already crippled Constitution of 1973: 1. LFO orders were largely incorporated into Constitution. 2. Validation and affirmation of laws passed under various LFO orders, all Proclamations, President's Orders, Ordinances, Chief Executive's Orders, laws, regulations, enactments, including amendments in the Constitution, notifications, rules, orders or bye-laws, all orders made, proceedings taken, appointments made by Chief Executive or President, or on his behalf or authority. Hence, giving legal cover to all wrong doings. 3. No suit, prosecution or other legal action can be taken against any Order or action passed by Gen Musharraf or on his authority, since he first proclaimed Marshall Law. 4. Holding of two offices. Article 63(1)(d) shall become operative on and from December 31st , 2004. This clause prohibits a person from holding both political office (i.e. The President) and an “office of profit” (i.e. an office that is typically held by a career government servant, civil or military - such as the office of the Chief of Army Staff). Although this was supposed to separate the two types of office, a loophole - ".. other than an office declared by law .." - allowed Parliament to pass an ordinary law later in 2004 - permitting the President to hold on to the office of Chief of Army Staff, an option that Gen Musharraf then exercised. 5. Restoration of restored Article 58(2)(b) of the Constitution, that gives power to President to dissolve National Assembly at will. 6. If the President wins a majority in a vote of confidence in the electoral college, he will be considered elected to the office of President. (On January 1, 2004, Gen Musharraf won 658 out of 1,170 electoral-college votes - a 56% majority – giving him the title of The President of Pakistan.) The bill was opposed by the Alliance for the Restoration of Democracy (ARD) and its smaller allies. Senate passed the 17th Amendment with the help of MMA by 72-0 votes.

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V0.5 Gen Musharraf claimed yet another victory by mauling the Constitution. Soon after, Gen Musharraf won the vote of no confidence. The unprecedented vote, allowed by a new constitutional amendment, accorded legitimacy to Gen Musharraf's military presidency after 14 months of noisy opposition protests that had paralyzed parliament. Qazi Hussain Ahmed, president of MMA party who helped Gen Musharraf with 17th Amendment termed it the best possible deal, and called it a success. He however added that the country will continue to remain under the military rule as long as President Musharraf does not leave the office of the Chief of the Army Staff (COAS). xxix This time in history can be considered as highest point in Gen Musharraf‟s regime. He became the most powerful person in Pakistan, and had the absolute power to change all wrong doings of the past generations. Unfortunately, the famous saying came true – Absolute power corrupts absolutely… Refer to following document for detailed text of 17th Amendment: 

The Constitution (Seventeenth Amendment) Act, 2003 (dated December 31, 2003).

@ http://www.pakistanconstitution-law.com/appendix19.asp

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V0.5

Gen Musharraf take oath as President for next 5 years On November 16th 2002, Gen Pervez Musharraf took fresh oath for another five years in office secured through a referendum held in April this year. General was sworn in under the 1973 Constitution as amended by the Legal Framework Order promulgated by the Gen Musharraf (himself) in August this year. Remember that on this date LFO was not yet passed by parliament as 17th Constitutional amendment. However, the government officially notified the assumption of office of General Pervez Musharraf as the President of Islamic Republic of Pakistan under the Constitution of the country!! Gen Musharraf, appeared on TV and made a righteous speech that he has transferred the powered to people! And praised some of good things he did in three year term. Conveniently, he forgot to remind people that he has consolidated all powers into single person, and vehemently modified the Constitution to favor his powers. Now, Gen Musharraf‟s is illegally legal until November 15th 2007. Then whole Marshall Law cycle will be repeated in November 2007. All of the drama that happened in 2002, will be repeated again.

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