Islamic Republic of Pakistan : Proclamation of Emergency

[Guest Ministry of Foreign Affairs]

In pursuance of the Proclamation of the 3rd day of November, 2007, and in exercise of all powers enabling him in that behalf, the Chief of Army Staff under the Proclamation of Emergency of the 3rd day of November, 2007, is pleased to make and promulgate the following Order:-

 

1. (1) This Order may be called the Provisional Constitution Order No. 1 of 2007.

 

(2) It extends to the whole of Pakistan.

 

(3) It shall come into force at once.

 

2. (1) Notwithstanding the abeyance of the provisions of the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, Pakistan shall, subject to this Order and any other Order made by the President be governed, as nearly as may be, in accordance with the Constitution:

 

Provided that the President may, from time to time, by Order amend the Constitution, as is deemed expedient:

 

Provided further that the Fundamental Rights under Articles 9, 10, 15, 16, 17, 19 and 25 shall remain suspended.

 

(2) Notwithstanding anything contained in the Proclamation of the 3rd day of November, 2007, or this Order or any other law for the time being in force, all provisions of the Constitution of the Islamic Republic of Pakistan embodying Islamic injunctions including Articles 2, 2A, 31, 203A to 203J, 227 to 231 and 260(3) (a) and ( shall continue to be in force.

 

(3) Subject to clause (1) above and the Oath of Office (Judges) Order, 2007, all courts in existence immediately before the commencement of this Order shall continue to function and to exercise their respective powers and jurisdiction:

 

Provided that the Supreme Court or a High Court and any other court shall not have the power to make any order against the President or the Prime Minister or any person exercising powers or jurisdiction under their authority.

 

(4) All persons who immediately before the commencement of this Order were in office as judges of the Supreme Court, the Federal Shariat Court or a High Court, shall be governed by and be subject to the Oath of Office (Judges) Orders, 2007, and such further Orders as the President may pass.

 

(5) Subject to clause (1) above, the Majlis-e-Shoora (Parliament) and the Provincial Assemblies shall continue to function.

 

(6) All persons who, immediately before the commencement of this Order, were holding any service, post or office in connection with the affairs of the Federation or of a Province, including an All Pakistan Service, Service in the Armed Forces and any other Service declared to be a Service of Pakistan by or under Act of Majlis-e-Shoora (Parliament) or of a Provincial Assembly, or Chief Election Commissioner or Auditor General shall continue in the said service on the same terms and conditions and shall enjoy the same privileges, if any, unless these are changed under Orders of the President.

 

3. (1) No court including the Supreme Court, the Federal Shariat Court, and the High Courts, and any tribunal or other authority shall call or permit to be called in question this Order, the Proclamation of Emergency of the 3rd day of November, 2007, the Oath of Office (Judges) Order, 2007 or any Order made in pursuance thereof.

 

(2) No judgment, decree, writ, order or process whatsoever shall be made or issued by any court or tribunal against the President or the Prime Minister or any authority designated by the President.

 

4. (1) Notwithstanding the abeyance of the provisions of the Constitution, but subject to the Orders of the President, all laws other than the Constitution, all Ordinances, Orders, Rules, Bye-laws, Regulations, Notifications and other legal instruments in force in any part of Pakistan, whether made by the President or the Governor of a Province, shall continue in force until altered, amended or repealed by the President or any authority designated by him.

 

5. (1) An Ordinance promulgated by the President or by the Governor of a Province shall not be subject to any limitations as to duration prescribed in the Constitution.

 

(2) The provisions of clause (1) shall also apply to an Ordinance issued by the President or by a Governor which was in force immediately before the commencement of the Proclamation of Emergency of the 3rd day of November, 2007

[Guest Ministry of Foreign Affairs]

PROCLAMATION OF EMERGENCY

 

WHEREAS there is visible ascendancy 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 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;

 

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 in their activities and prevented from pursuing terrorists;

 

WHEREAS some had 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;

 

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 Houourable 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, I, General Pervez Musharraf, Chief of the Army Staff, proclaim Emergency throughout Pakistan.

 

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.

[Luke_Wilbur]

Interview With Steve Centanni of Fox News

Secretary Condoleezza Rice

Jerusalem

November 4, 2007

 

QUESTION: Madame Secretary, thanks for joining us.

 

SECRETARY RICE: Good to be with you.

 

QUESTION: I have to start with the situation in Pakistan, of course. It's quite serious with opposition leaders being rounded up, the Supreme Court justice being kicked out, troops in the street. You say you don't support any extra-constitutional measures in Pakistan like the one Musharraf has now taken. Do we still support President Musharraf?

 

SECRETARY RICE: Well, clearly, we don't support the actions he has taken.

 

QUESTION: Right.

 

SECRETARY RICE: And we have been very clear about that and our admonition to President Musharraf at this point is to return Pakistan to a constitutional path as quickly as possible, hold the free and fair elections on time, because this current state of affairs is not good for Pakistan.

 

QUESTION: But you can't say whether we still support Musharraf at this point?

 

SECRETARY RICE: Well, I don't want to personalize this. This is about an action that has been taken. And the action is not supportable. The United States has long argued for the democratic path for Pakistan. In fact, Pakistan was quite far down that path and it's going to be very important to get back to it very, very quickly.

 

QUESTION: Aside from making strong statements like you have done, what else can the U.S. do short of withholding funds? And are we talking about that?

 

SECRETARY RICE: Well, we'll obviously review the situation and we'll review -- we'll have to review our assistance at this point. I would underscore that the President has an obligation to protect the American people. There are counterterrorism measures that we are engaged in, in and around Pakistan. There is assistance that is directed at the counterterrorism mission. And so obviously, we will want to make certain that anything that we do allows the United States to continue to protect itself and to protect our people.

 

QUESTION: You mean that the money is well-directed?

 

SECRETARY RICE: Well, there are lots of programs and we'll just have to review. I don't want to speculate on what might happen here. The best thing, though, is that if this can be very short-lived so that they can return to the constitutional path very quickly, so that they can affirm that elections are going to be taken not just because, Steve, of what the United States might do or international opinion, but the Pakistani people need the certainty that they are going to be returning to a democratic path.

 

QUESTION: You've said this is a setback for Pakistan. Clearly, it is. Is it also a setback for the U.S. in our relations with Pakistan?

 

SECRETARY RICE: Well, it's certainly a setback for what we had hoped would be in Pakistan, which is a continuous and smooth movement to democracy, to civilian rule. Another point is that President Musharraf has said that he would take off his uniform. He should take off his uniform.

 

QUESTION: Now you've personally talked to him just last Tuesday or Wednesday and I assumed, tried to convince him not to do this because it was sort of in the wind at that time. He didn't take your advice. Do you feel betrayed?

 

SECRETARY RICE: One can't have emotions of that sort. I was giving him our very best assessment of the situation and of American policy. Without getting into detail, I was very clear that the United States believed that Pakistan, in large part under his leadership, had made great strides on the freedom of the press, on development of civil society, and that these needed to be protected. And I just -- I'm very sorry, it's regrettable, and frankly, we are disappointed.

[Guest The White House]

Press Gaggle by Dana Perino

Aboard Air Force One

En route Andrews Air Force Base

 

Q If elections happen in Pakistan under emergency rule, is the President comfortable with that?

 

MS. PERINO: The President has said we want to have the emergency rule lifted and that there should be free and fair elections, and that the uniform that General Musharraf has been wearing should be removed, since the President thinks you can't be both President and the chief of the army. So the situation is evolving and what the President would like to see is a lifting of the state of emergency and for the country to return to the constitution, and for extra constitutional measures to be halted.

 

Q And then the elections?

 

MS. PERINO: Well, the President would like to have the free and fair elections that he's called for, like to see that happen. And President Musharraf has said that he would hold them. I think the dates seem to move -- I don't know exactly which one he's landed on, but --

 

Q The question is does he think they can be free and fair if there was still an emergency --

 

MS. PERINO: Yes, the President thinks that we need to lift the emergency rule in order to have free and fair elections.

 

But again, let me stress that the situation in Pakistan is evolving and it's not easy to predict what's going to happen or what's going to be said. We continue to urge everyone to exercise restraint and non-violence as they work through this crisis.

[Guest Ayesha Ijaz Khan]

The imposition of emergency by Musharraf has taken Pakistan and the fight against terrorism several steps back. The truly democratic secular forces in Pakistan are threatened with bullets and batons. Meanwhile Musharraf's approach towards extremists is very timid and understanding. His targets are lawyers, human rights activists and the judiciary.

 

Many of us in Pakistan who want to see a progressive democratic state had pinned our hopes not on Benazir Bhutto (she has been tested before and tainted by corruption, has been seen to strike a deal with a military dictator for personal benefit) but on the judiciary--who took a stand--were deciding cases in favour of the poor and women liberally--ordering for instance the reversal of an eight year old girl being betrothed to an eighty year old man because of a family feud. Benazir has never acted against these practices even when she was in office--her second in command, Amin Fahim, has had his sister married to the Quran in a perverse tradition to avoid sharing his inheritance.

 

Please take notice in the west---the real secular democratic forces are human rights activists like Asma Jehangir who has been moved to the heinous Kot Lakhpat jail and the Supreme Court judges who are all under house arrest. Please support the right people!!

[Guest LAW]

British Foreign Secretary, David Miliband at speech to House of Commons:

 

I spoke yesterday, and this morning, to our High Commissioner in Islamabad, and discussed yesterday the situation with Condoleeza Rice. This is the current position.

 

The commitment of General Musharraf to elections by January 9th is welcome. Less welcome is the lack of clarity on when the State of Emergency will end: current conditions stand in the way of free and fair elections. And there are the mixed signals about the amendment to the Army Act , which allows civilians to be court-martialled, primarily for terrorist charges . The lack of progress on the position of political prisoners, which I discussed with leading human rights campaigner Hina Jalani in London last week is a major concern for all friends of Pakistan. I am sure the whole House will deplore the deportation of 3 British journalists, and continuing restrictions on the media.

 

Our position is clear: the best interests of Pakistan, its security, its development, are served by a managed transition to democratic rule, with elections that are genuinely free and fair and allow the voice of the moderate majority to be heard.