KARACHI, Oct 6: Former chief justice of Pakistan Ajmal Mian has said the Supreme Court had accorded recognition to the military take overs on the basis of 'doctrine of necessity' for limited periods on certain conditions , but those conditions were not generally fulfilled by the martial law authorities and the Supreme Court failed to ensure their adherence.

He said this while speaking at the SZABIST on the doctrine of necessity on Tuesday. He observed that all military take overs were pressed into service on the grounds of mal-administration and corruption on the part of politicians. The same were welcomed by the opposition political parties and some members of the public.

In all cases, except in the case of Gen Yahya Khan, the Supreme Court had accorded recognition to the military take overs on the basis of the doctrine of necessity for limited periods on certain conditions, but those conditions were not generally fulfilled by the martial law authorities, he said.

However, on the lifting of the Martial Laws, the Supreme Court made efforts to reduce the rigour effects of the Martial Law periods by adopting views, which were to contribute towards re- enforcements of democratic norms.

There was no doubt that politicians had not acted strictly, while in power, according to the constitution and there were serious allegations of malpractice and mismanagement in the affairs of the State.

However, the question, which needed serious consideration was, whether extra-constitutional measures taken in Pakistan since its inception had benefited Pakistan or had caused damage, he emphasized.

The preponderance of view seems to be that the same had caused immense damage to the polity of the country. Some critics say that one of the reasons of the creation of Bangladesh was that the people of the erstwhile East Pakistan were not allowed to enjoy their constitutional rights as the citizens of Pakistan.

Maulvi Tamizuddin Khan hailed from East Pakistan. He was dislodged unconstitutionally by dissolving the constituent assembly. Then Khawaja Nazimuddin, who also hailed from East Pakistan, and who was the Prime Minister of Pakistan, was dethroned.

Mujib-ur-Rehman's Awami Party got majority seats in the National Assembly in the 1970 elections because of its popularity in East Pakistan. But, he was not allowed to become the Prime Minister. On the contrary, Army action was taken in East Pakistan, which culminated in the dismemberment of Pakistan and the creation of Bangladesh.

He admitted that his generation had failed to achieve the objectives for which Pakistan was created, which had been spelled out inter-alia in the Objective Resolution incorporated in Article 2-A of the Constitution, namely; to have an Islamic Welfare State, wherein citizens were to enjoy fundamental rights, including equality of status, of opportunity, before law, social, economical, and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality.