Articles and letters may be edited for the purposes of clarity and space. They are published in good faith with a view to enlightening all the stakeholders. However, the contents of these writings may not necessarily match the views of the newspaper.
Law of necessity haunts Pakistan
In 1955 Justice Munir gave a ruling that “Necessity Knows No Law”, to indemnify GG’s illegal dissolution of the First Constituent Assembly, created by Quaid to finalize the constitution on which his vision of a modern democratic welfare state was to be built. This ruling based on a 2000 years old ancient Roman Law was to be used only in exceptional circumstances to restore rule of law when anarchy prevails and not to regularize illegal acts. Ever since then, Jinnah’s Pakistan has been a victim of fascism and abuse of power. Ayub Khan resorted to this black law in 1958 to impose martial law, abrogate 1956 Constitution and justify his illegal takeover.
In 1973, a constitution was unanimously adopted by all elected members of parliament, yet Zia aided by his handpicked judiciary used this black law to justify his military take over and set a precedent to be followed by Musharraf in 2000 to overthrow an elected government. Ever since then, MAJ’s Pakistan has been mutilated, subjected to chaos, its sovereignty compromised by involving in proxy wars, while politically engineered regimes brought at helm, men of mediocre capability, devoid of any vision, through stage managed elections.
On 9 April 2022, a PTI-led coalition government headed by PM Imran Khan faced a Vote of No Confidence after his coalition partners decided to leave him. Combined opposition needed support of more than 172 MNA’s to remove him from power. The 1973 Constitution, whose oath PM had sworn to uphold and protect allows a Vote of No Confidence. A 5-member Supreme Court bench had passed an order that voting for this constitutional No-Confidence must be held by midnight of 9 April. This judgment is based on 1973 Constitution and not on Doctrine of Necessity.
There is no justification for the acts of defiance by PTI. While PTI has the right to disagree with SC judgment, they have no other option, but to accept it and prepare for next elections. The earlier these elections are held in a free and fair manner, the better it would be for Pakistan.
MALIK TARIQ ALI
Lahore
Treason case against Dy Speaker!
As a strong supporter of the Constitution and rule of law, two articles of the 1973 Constitution are before me i.e. Article 6 and 64 (1) of the Constitution. Article 6 reads, “Any person who abrogates or subverts or suspends or holds in abeyance or attempts or conspires to abrogate or subverts or suspends or hold in abeyance, the constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason”.
Article 64 (1) reads: “A Member of Parliament may by writing under his hand addressed to the Speaker or the Chairman resign his seat, and thereupon his seat shall become vacant”. Then the Election Commission will announce schedule for by-election according to law.
This article of resignation has earlier also been violated by Speaker Sardar Ayaz Sadiq in 2014 when PTI MNAs had announced resignations during a month- long Dharna, but due to political expediency the Speaker deliberately kept those pending to facilitate PTI members to reconsider their earlier decision and not only to protect their membership even after announcing resignation publicly and sending to the Speaker under the law, but claim full perks and privileges for the period when they had tendered resignations.
Now whatever treatment our sovereign parliament has received during the stewardship of the PTI Speaker & Dy Speaker and the prime minister in processing a No Confidence Motion was nerve breaking for the saner and law abiding segment of the society, when on the instruction of their leader, PTI legislators have tendered their resignations, why notification for declaring seats vacant has not been issued by Dy. Speaker and the Election Commission has not announced schedule for by-elections? Or is it yet another weapon of political expediency to move in snail’s speed to sabotage the rule of law and save the saboteurs of the constitution?
ALI ASHRAF KHAN
Karachi
Education in Arifwala
In Tehsil Arifiwala, district Pakpattan, deteriorating standard of quality education is the talk of the town. The business mafia has taken over the education sector, especially the colleges. Many of the renowned private colleges have opened their sub-campuses in the city and have built splendid buildings. But the problem lies with the intent of the owners. Their purpose is not to open the doors of quality education to the residents of the city but to make the hell out of money. A new college is inaugurated every six months. One single person possesses more than four or five colleges in the area but none of them is able to meet the standards. Poor coordination between the teaching staff and the management of the colleges is the most trouble making factor.
This is casting dire effects on students as well as their parents. The college owners want their students to secure the highest marks so that they can display them on the gigantic billboards to attract the parents. Personality grooming, skills, character and confidence development and exploring career options are the concerns of neither the teachers nor the parents.
SWAIRA KHALID
Arifwala
