Article-6 and Imran Khan | By Naveed Aman Khan

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Article-6 and Imran Khan 

HONOURABLE judges of the Supreme Court have urged Parliament to initiate proceedings under Article-6 of the Constitution against President Arif Alvi, former Prime Minister Imran Khan, Deputy Speaker Qasim Suri and others.

The apex court has urged Parliament to initiate action under Article-6 of the Constitution, seeking the charge of high treason against President Alvi, PTI Chief, Asad Qaisar, Qasim Suri and Fawad Chaudhry for violating trust by derailing the process of the no-confidence motion pursued against Imran Khan.

To halt Parliament’s right to pursue the process of the no-confidence motion and the decision to dissolve the Assembly were against the spirit of the Constitution.

The foremost agenda of the Constitution emphasises that the exercise of authority was a sacred trust and that can only be exercised through the chosen representatives of the people.

The blatant transgression of the Constitution must bear consequences and the law must take its course.

The nation had witnessed digression from the Constitution and from the directions of the Apex Court as the Speaker had prolonged the proceedings of the National Assembly in order to frustrate the constitutional and democratic process.

Such unconstitutional and undemocratic behaviour was unbecoming for a person holding one of the most prestigious constitutional offices because the delaying tactics were conducted by former Speaker National Assembly Asad Qaisar.

The former Deputy Speaker did not provide the right to reply to the allegations levelled by the former Minister for Law and Parliamentary Affairs which undermined the authority and sovereignty of Parliament.

No evidence of opposition’s collision with a foreign state. Parliament was lowered in dignity. The former Deputy Speaker was held accused because of his malafide and ultra vires act.

It was beyond the mandate of the Constitution, which cannot be termed as procedural irregularity.

Such circumstances have hindered judicial review of the ruling as it would constitute a breach of the privilege of Parliament in terms of Article-6 of the Constitution.

Keeping in view such an unconstitutional act committed by the Deputy Speaker, the Court having the powers to guard the constitutional provisions and to ensure supremacy and implementation of the Constitution and law, took a suo motu notice in order to avoid tyranny and mockery of law.

In our country the law has been used as a tool for personal gains, or as a hammer to achieve illegitimate goals regardless of the cost.

Rule of law should have been the absolute parameter to operate but “might is right” is the only rule in practice in polarised Pakistan.

No person or institution of State, should be above the Constitution.At its core, there is an accountability provision.

Those who flout the Constitution must be held accountable, no matter who they are. The imbalance of power that courses through Pakistan reflects in the Constitution.

The Constitution has gone beyond to hold the accused accountable. It beats a hasty retreat when it comes to dictators and those who facilitate them.

It is shocking how the Constitution is used to grant impunity to some of the most draconian actions taking place.

The entire nation is behaving above the jurisdiction of the Constitution no matter who is who. An authoritarian order manifests the rule of power instead of the rule of the Constitution.

Rule of Constitution entails equality of all the citizens irrespective of sex, caste, creed, colour or social status and ensures justice to all.

The rule of the Constitution is fundamental to any kind of democratic order whether it is a parliamentary or presidential form of government.

The supremacy of Constitution means individuals and government are subject to the Constitution.

The rule of Constitution is a cornerstone of the well-functioning of a political system while if it is blatantly violated, the establishment of political structure in the country is jeopardized. Absence of rule of law has fractured our political, judicial, economic and social systems.

Our State is still looking for rule of law and sustainable democracy. The rule of law ensures stability, discipline and order in society.

Its absence and rampant corruption leading to erosion in social values are two main hurdles to the betterment and development of our country.

The rule of Constitution is meaningless when the Constitution itself becomes flawed. The Constitution is a living and vibrant document that determines the future direction of the nation, provided there is respect for the document that stands for rule of law.

The law must be applied equally to everyone. No person or institution of the state should be above the law and Constitution.

The Constitution makers, custodians and the masses should honour law and the Constitution for a safer and better respectful future of our generations.

Will Parliament decide to proceed with the cases against Arif Alvi, Imran Khan, Asad Qaiser, Qasim Suri, Fawad Ch and others in the light of decision of Supreme Court?

Will for the secure and stable future of the country and the nation our judicial system set precedent to punish powerful abrogators of law and the Constitution?

Constitution is supreme and no one is above it. Our nation can’t compete with the first world unless the practice of rule of the Constitution is ensured.

The recent historic verdict of the honourable judges of the Supreme Court has validated the decision of Justice Seith Waqar.

Article-6 of the Constitution (high treason) is also left open to be determined by the parliamentarian to ponder.

Will they leave doors open for such unconstitutional acts or take suitable measures to stop such mess in future?

—The writer is editor, book ambassador political analyst and author of several books based in Islamabad.

 

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