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June 03, 2008 Tuesday Jamadi-ul-Awwal 28, 1429





Constitutional package attempt to protect NRO: speakers



By Iftikhar A. Khan


ISLAMABAD, June 2: Speakers, representing non-parliamentary opposition, on Monday rejected the proposed constitutional amendment package, terming it farce, meant to maintain status quo and protect the National Reconciliation Ordinance (NRO) that provided indemnity to corrupt politicians.

Speaking at a seminar on ‘Restoration of judiciary and the constitutional amendment package’, they said the government by linking restoration of pre-November 3 judiciary with the package containing a number of controversial articles had proved that it was not sincere in restoring the illegally-sacked judges of superior courts.

The seminar had jointly been organised by Liberal Forum Pakistan and Pakistan-Norway Association.

Speaking on the occasion, Justice (retired) Wajihuddin said the package was nothing but a sham, meant to delay and defeat restoration of pre-PCO judiciary. He said the package had been worked out to camouflage the vital issue of restoration of illegally removed judges.

He said the PPP despite knowing that it did not have two- third majority in the Senate, enlarged the proposed amendment package by including 80 items in it to make it even more controversial.

He said under Article 89 of the constitution every ordinance promulgated by the president had to be laid before the parliament within four months, and it lapsed if not laid down before and approved by the parliament during the specified time.

He said the package sought to give protection to various ordinances promulgated by President Musharraf, the most important of which is NRO.

“The cat is out of the bag now and the intention to make NRO supra-constitutional is known to all,” he remarked.

He pointed out that “Chief Justice Iftikhar Mohammad Chaudhry had given a stay against the NRO” and observed that keeping in view this context it was against the interests of the government to reinstate independent judiciary. He said the package proposed the trial of high treason under Article 6 by the parliament and said the judges who condone subversion of the constitution would also be triable. He was of the view that the PCO judges could be tried even now for conniving with the individual who subverted the constitution.

He said the package sought to substitute Article 270AAA inserted in the constitution by Musharraf. He said in other words, the validity of the illegally inserted article was being recognised.

He said there was no use of an amendment to declare the recently held general elections as valid. He pointed out that in Asma Jehangir case, the apex court had held that the elections held even by a usurper would be valid for they represent aspirations of the people.

Roedad Khan said Musharraf sacked the Superior Court judges, knowing that his eligibility to contest elections in uniform was being examined by the Supreme Court. He said it was for the first time in the history that a chief justice was not only illegally removed but was put under illegal detention. He said Pakistan could only survive in a democratic framework.

Pakistan Liberal Forum Chairman Asif Khan, President Pakistan-Norway Association Amir Iftikhar and Ghazala Minnallah also spoke on the occasion.







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