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With Mian Sahib Nawaz Sharif in his state of oppositional hibernation, semi-comatose when it comes to playing the game of an opposition, why not appoint him selector and captain of our cricket team? He plays that game and has ample time to prove himself.
On to the main, the constitution, which has been troublesome from the day it was promulgated and is now under scrutiny by a half-hearted (or incompetent) committee which has been tasked with restoring it to its once pristine condition, to the original 1973 constitution. Our president and prime minister have on countless occasions regaled us with their 'commitment' (lacking in the committee) to “restore the 1973 constitution given by the founding leader of the PPP....”
Now, several times in the past, this column has made efforts to explain to readers (hopefully some of them in positions constitutional) the exact spirit in which the grand document was promulgated — in short what were the beginnings and intentions of infamy.
At noon, on Independence Day 1973, Zulfikar Ali Bhutto with joy and jubilation promulgated what has now become a shameful contentious document, the third constitution to be presented to the people of Pakistan. Four hour later, at 1600 hours, Prime Minister Bhutto ordered his appointed president, the meek and gentlemanly Fazal Elahi Chaudhry, to sign an order which was notified in the Gazette of Pakistan, Extra, dated Aug 15 1973, No.F.24(1)/73-Pub.
It reads “The following Order made by the President on 14th August 1973 is hereby published for general information — Order. Whereas Article 280 of the Constitution of the Islamic Republic of Pakistan provides that the Proclamation of Emergency issued on the 23rd day of November 1971 shall be deemed to be a Proclamation of Emergency issued under Article 232 thereof;
“And whereas clause (2) of Article 233 of the said Constitution provides that while a Proclamation of Emergency is in force, the President may, by Order, declare that the right to move any court for the enforcement of such of the Fundamental Rights conferred by Chapter 1 of Part II of the Constitution as may be specified in the Order, and any proceeding in any court which is for the enforcement, or involves the determination of any question as to the infringement of the Rights so specified, shall remain suspended for the period during which the Proclamation is in force;
“And whereas the aforesaid Proclamation of Emergency is in force; “Now, therefore, in exercise of the powers conferred by the said clause (2) of Article 233, the President is pleased to declare that the right to move any court, including the right to move the Supreme Court, vide clause (3) of Article 184, for the enforcement of the Fundamental Rights provided for in Articles 10, 15, 16, 17, 18, 19, 23, 24, 25 and 27 of the Constitution, and all proceedings pending in any court which are for the enforcement, or involve the determination of any question as to the enforcement, of any of the said Rights shall remain suspended for the period during which the said Proclamation is in force.”
It was signed by Fazal Elahi Chaudhry, president, and by Zulfikar Ali Bhutto, prime minister, and countersigned under Article 48(3) of the constitution by Shah Nawaz Khan, joint secretary.
If there is to be a return it must be a return to the constitution that had a four-hour life, from noon to 1600 hours on Aug 14, 1973, not to the shorn and shredded constitution which was operable thereafter for the period needed by the prime minister and chairman of his political party to deal with, or rather to 'fix', his political opponents, have them arrested and incarcerated until they were temporarily tamed, men such as Khair Bakhsh Marri, Ghaus Bakhsh Bizenjo, Ataullah Mengal and Wali Khan, worthy political foes, all men of enduring commitment who have no replacements in this barren political landscape in which we are now adrift.
Where were Yousuf Raza Gilani and Asif Ali Zardari, and all their trailing coat tails, in 1973? Gilani's political journey began during Gen ZiaulHaq's martial law in 1978 when he joined the Central Working Committee of the Pakistan Muslim League. He was later a cabinet member in the government of Muhammad Khan Junejo. He crossed over to the PPP in timely manner in 1988. Zardari was a mere youth, some 18 years of age, presumably at college before joining his father's cinematic empire. It was not until his 1987 fortuitous marriage that he leapt onto the political scene. And as for the rest — nowhere. So what do they know of history?
The constitution as it has evolved, with all its wicked amendments (starting with the second) has brought luck and joy to no man who has used it to gain or perpetuate power, nor to the nation in whose name it was made. As the years have passed and it has been amended, re-amended, suspended, put to bed for a while, it has grown more and more open to contentious interpretation, or to many a misinterpretation, so muddied and muddled has it become.
This has just been evidenced in the NRO case with their lordships', all 17 of them, decision in the matter which has provoked some constitutional experts into bitter criticism against the citing of Eighth Amendment articles — and rightly so. They have no place in a democracy. Theocracy and democracy do not mix.
arfc@cyber.net.pk
