Last Updated: Thursday June 05, 2008
WHEREAS
there is visible ascendancy[1]
in the activities of extremists and incidents of terrorist attacks, including
suicide bombings, IED explosions, rocket firing and bomb explosions and the
banding together of some militant groups have taken such activities to an
unprecedented level of violent intensity posing a grave threat to the life and
property of the citizens of Pakistan;
WHEREAS
there has also been a spate[2]
of attacks on State infrastructure and on law enforcement agencies;
WHEREAS
some members of the judiciary are working at cross purposes with the executive
and legislature in the fight against terrorism and extremism thereby weakening
the Government and the nation’s resolve and diluting the efficacy of its
actions to control this menace[3];
WHEREAS there
has been increasing interference by some members of the judiciary in government
policy, adversely affecting economic growth in particular;
WHEREAS
constant interference in executive functions, including but not limited to the
control of terrorist activity, economic policy, price controls, downsizing of
corporations and urban planning, has weakened the writ of the government; the
police force has been completely demoralized and is fast losing its efficacy to
fight terrorism and Intelligence Agencies have been thwarted[4]
in their activities and prevented from pursuing terrorists;
WHEREAS some
hard core militants, extremists, terrorists and suicide bombers, who were
arrested and being investigated were ordered to be released. The persons so
released have subsequently been involved in heinous terrorist activities,
resulting in loss of human life and property. Militants across the country have,
thus, been encouraged while law enforcement agencies subdued[5];
WHEREAS some
judges by overstepping the limits of judicial authority have taken over the
executive and legislative functions;
WHEREAS the
Government is committed to the independence of the judiciary and the rule of
law and holds the superior judiciary in high esteem, it is nonetheless of
paramount importance that the Honourable Judges confine the scope of their
activity to the judicial function and not assume charge of administration;
WHEREAS an
important Constitutional institution, the Supreme Judicial Council, has been
made entirely irrelevant and non est by a recent order and judges have, thus,
made themselves immune from inquiry into their conduct and put themselves
beyond accountability;
WHEREAS the
humiliating treatment meted to government officials by some members of the
judiciary on a routine basis during court proceedings has demoralized the civil
bureaucracy and senior government functionaries, to avoid being harassed,
prefer inaction;
WHEREAS the
law and order situation in the country as well as the economy have been
adversely affected and trichotomy of powers eroded;
WHEREAS a
situation has thus arisen where the Government of the country cannot be carried
on in accordance with the Constitution and as the Constitution provides no
solution for this situation, there is no way out except through emergent and
extraordinary measures;
AND WHEREAS
the situation has been reviewed in meetings with the Prime Minister, Governors
of all four Provinces, and with Chairman Joint Chiefs of Staff Committee,
Chiefs of the Armed Forces, Vice-Chief of Army Staff and Corps Commanders of
the Pakistan Army;
NOW, THEREFORE,
in pursuance of the deliberations and decisions of the said meetings:-
1.
I General Pervez Musharraf, Chief of the Army Staff, proclaim Emergency
throughout
2.
I hereby order and proclaim that the
Constitution of the Islamic Republic of Pakistan shall remain in abeyance.
3.
This Proclamation shall come into
force at once.
[1] Dominance, superiority, power, upper hand, control.
[2] Wave, rise in, craze, increase in.
[3] Threat, danger.
[4] Let down, dissatisfaction, upset, frustration.
[5] Quiet, restrained, serious, unresponsive.
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