November 10, 2006	Friday	Shawwal 17, 1427

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ISLAMABAD, Nov 9: Former chief justice of Pakistan Justice (retired) Saeeduz Zaman Siddiqui on Thursday said enforcement of each and every article of the Constitution, including Article 6, is imperative for the survival of democracy.

He was speaking at a seminar on “Transparency in elections — essence of democracy,” organised by the People’s Party Parliamentarians (PPP).

In reply to a question from a participant during the question-answer session, the former chief justice said invoking Article 6, that declares the offence of abrogation of constitution as high treason, was the only solution to end military interventions.

Article 6 of the constitution states that “Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.”

To another question whether Article 6 can be enforced in Pakistan, Mr Siddiqui said it was up to the people of Pakistan to see that every article of the constitution was fully enforced.

He also divulged on the role of judiciary in strengthening military rules and validating army takeovers. He cited the examples of Begum Nusrat Bhutto case and Syed Zafar Ali Shah case, in which the court not only legitimised the military takeovers but also allowed the army chiefs to amend the constitution.

Mr Siddiqui, who had been invited by the PPP as chief guest in recognition of his decision not to take oath under the PCO after the military takeover in 1999, said the demands of the opposition parties for the formation of a neutral caretaker setup, an independent election commission and return of exiled leadership to the country were justified and reasonable. He said Pakistan should get benefit from the experiences of Bangladesh and India to stop interference of non-democratic forces in the election process.

Referring to Gen Musharraf’s meetings with the PML leaders in the presidency, he said such meetings by a serving army chief was a negation of the traditions of the high office.

He was of the view that except for the 1970 elections, all elections and referendums had been rejected by a majority of the people. He said Gen Musharraf in his book In the Line of Fire had himself admitted that irregularities were committed in the 2002 presidential referendum.

Speaking on the occasion, ARD chairman and PPP president Makhdoom Amin Fahim said the nation could not afford another controlled elections. He said Pakistan Army was necessary for the country for defence but a few generals were defaming the institution for their personal gains. He asked the judiciary to play its role to save the country. “Pakistan is not safe today. Pakistan needs attention of its people and judiciary. There is no mention of the law of necessity in the constitution,” he said, adding: “the armed forces, as an institution, should also realise that military takeovers are not in the country’s interest.”

PPP Senator Sardar Latif Khosa, president LHC Bar Association Sardar Shaukat Hayat and president HRCP, NWFP chapter, Qazi Anwer also spoke.