Dignity On Sine Die Sale



Throughout history human have confronted similar obstacles, have endeavored to achieve similar goals, and sequentially have strived to better themselves and the world around them. Still there are many parts of the world where human race is abominably engrossed in exercising antithetically to the professed beliefs. The traditional battle of good vs evil continues.


All the countries across the globe have different priorities at different modes of time — to improve and strengthen their nation more and as per the wants of its citizens (though sometimes the sentiments of citizens are ruled out). These priorities often come with a whim of greed to bolster the nation amain. This hastiness at numerous occasions becomes onerous which results in reversion of all the efforts put forward in the past. Not too far to go to seek any such example since our own country, Pakistan, is a fine example of this unpalatableness.


Soon after the creation of Pakistan, Pakistan protested over the issue of India’s existence in commonwealth countries because of its Republican status, but due to the preferential treatment of Western powers for India, Pakistan remained unheard. Yet, it was a time when Pakistan was in a state of an utter bewilderment. Being a newly independent nation it was confused whether to adapt itself with Western democracy or communism. The then finance minister of Pakistan, Ghulam Muhammad, also iterated that we’ve no implicit faith on Western democracy nor we can make ourself commit to communism at this point in time. In the meanwhile, Kashmir Issue remained unsolved. Pakistan sought help from Commonwealth Countries specially Britain but failed to receive any satisfactory response. A last-ditch attempt Pakistan made was to seek help from the Muslim world, but interestingly and surprisingly the Muslim countries privileged India to a good extent rather than Pakistan. Pakistan was disappointed with the happenings. At this desperate phase, Liaquat Ali Khan received an invitation from USSR to visit Moscow for the talks. It was a pollyannaish hope for Pakistan and Liaquat Ali Khan was satisfied that a way out of a thick mist is getting clear. After receiving the invitation to visit Moscow, Liaquat Ali Khan delayed his visit and later postponed it to an indefinite period. In sometime, Pakistan received an invitation from United States — offering economic and political help to Pakistan along with the positive solution of Kashmir — Pakistan accepted it and abrogated the invitation of USSR.


62 years have passed now since United States gave Pakistan a hope of solving Kashmir Issue positively under a pack of negotiations, but without any movement of change the status quo persists.


Economic aid was promised to Pakistan which was fulfilled by United States, but at a cost of modern-slavery. The modern-slavery is hooked with a nomenclature which today has more to do with the sovereignty of Pakistan.


The United States started a war in Afghanistan — a war which has no end — and a war to dispatch the Talibans who were mutually created by Pakistan and United States. An event to remember that the band of these monsters was once privileged by the same United States.


In the meanwhile, Pakistan always have had the chances to witness the dual-turns of United States foreign policies and imperialism — but the leaders of Pakistan yet kept on continuing to hold the relations with United States in a firm way as it was started initially. The priorities of Pakistan remained im-permute. At different modes of time since 1947, Pakistan remained cling to United States; however, in other parts of the world the priorities of different nations keep on varying time to time. The European Union is a good example though. The clock of progress of Pakistan remains standstill except that of the economy which was and is heavily bankrolled by United States at a huge expense — sovereignty.


When 9/11 catastrophe happened and Musharraf was railroaded by the United States about pushing Pakistan to a stone age if Pakistan wouldn’t help United States in fighting the war in Afghanistan — which they say is a war against terrorism. Veteran President General Pervez Musharraf — without giving it a thought that he’s living in a 21st century and his country holds the nuclear arms — came under the influence of this gunboat diplomacy and rapidly offered full services of Pakistan to United States, hence tossing out Pakistan into extreme problems. The leaders of Pakistan have remained frail at such phases.


In a hasty manner, Musharraf accepted United States demands — as fully as it shouldn’t be — in a hope that collaboration with US would give Pakistan the chances to quickly improve itself — economically, poltically and advancement in defence — yet he again forgot the huge price Pakistan has to pay for it and will keep paying till the ties of unilateral selfish-friendship continues between both the nation.


Musharraf transacted with the United States — following the footprints of his predecessors — and rendering Pakistanis to United States for the exchange of dollars which surged the economy of Pakistan temporarily, but its moral and principled justification can’t be legalized no where in the world where the rule of law is superior.


These are the things we keep on talking and discussing often and so much. And these are always serious matters concerning every Pakistani. It’s a Pakistani who would decide and build its nation not a Yankee or a Brit. The priorities of Pakistanis should be with a whim to bolster the nation — but not hastily as it always has happened, not even under a dismantled sovereignty in exchange of dollars — but only and solely as a staunch supporter of its country under legal principles. The battle of good vs evil continues — and the good wins ultimately. But no sucess without an obsess — obsess with duty, honor and country — and as General Douglas McArthur said: These three hallowed words reverently dictate what you ought to be, what you can be, what you will be. They are your rallying points, to build courage when courage seems to fail, to regain faith when there seems to be little cause for faith, to create hope when hope becomes forlorn.


Today, the political leaders and Army can use and will always use ‘Doctrine of Necessity’ to embroil Pakistan to troubles, dilemma and desperate straits — but unfortunately this ‘Doctrine of Necessity’ was and is never used to emerge Pakistan from the obnoxious situations we’re facing today. Or rather this substantiates with evidence the dignity of Pakistan is really on sine die sale.

Doctrine of necessity — a portal to Martial Law?


Doctrine of Necessity


We often hear about this term “Doctrine of Necessity”. I was just getting surpassingly curious to learn the nomenclature. What I found is something to learn how a martial law can be validated by Supreme Courts.


In 1954 – just seven years after the creation of Pakistan – Governor General Ghulam Mohammad dissolved the first constitutional assembly and the Government of Prime Minister Khawja Nazim Uddin. The President of the assembly, Moulvi Tamiz Uddin, challenged him in the Sindh High Court and won. Hence, the dissolution was held to be illegal and unconstitutional. On appeal to the Chief Court of Pakistan, which was later renamed as the Supreme Court of Pakistan, Chief Justice Munir gave a final verdict in favor of the Governor General. The basis for his decision was the “Doctrine of necessity”, meaning that – to preserve the country – the constitution had to be abandoned.


Ohh yes, Pakistan has a history of repeating the phenomena. This Doctrine of necessity was repeated again when in 1958, Field Marshal Ayub Khan imposed a Martial Law in Pakistan – dissolving all the assemblies (national and provincial) – and abrogated the 1953 constitution. This Martial Law was challenged in Supreme Court of Pakistan, but thanks to our Judges who made use of “Doctrine of Necessity” again and put the nation under another Martial Law by validating it. The dictator, Ayub Khan, ruled 11 years.


I’ve heard of a proverb “To stumble against the same rock twice is a proverbial disgrace”. This proverb was disgraced one again when in 1977 General Zia ul Haq imposed another Martial Law and abrogated the 1973 constitution which was unanimously approved by all Pakistani political parties of that time. Nusrat Bhutto (Mother of Benazir Bhutto) filed a suit against the coup – but obviously the doctrine of necessity sparked and Zia ul Haq’s coup was validated. Thanks to Supreme Court and the then Judges.


In 1999, General Pervez Musharraf also disgraced the same proverb by imposing Martial Law in Pakistan overthrowing Nawaz Sharif’s government – and abrogating 1973 constitution. Zafar Ali Shah (MP from PPP) challenged the coup in Supreme Court of Pakistan, but same doctrine of necessity twinkled hence validating the coup of General Pervez Musharraf.


It’s also said that whenever Pakistan’s top judges including the Chief Justices of Pakistan have been faced with such critical situation on the constitution or military rule, they have gone to the door of General Headquarters in order to be told what to iterate in the Supreme Court. The iteration always remained persistent, and its genesis has always been associated with this strange idea known as the “doctrine of necessity”.


A day before Supreme Court had to give a final verdict whether to sentence General Musharraf or validate it – Chief Justice Saeeduzzaman Siddiqui went to GHQ for a briefing. The next day, yes of course, the same doctrine of necessity was used and the coup was upheld. Moreover, giving military dictator some extra powers along with the amendment of 1973 constitution.


It’s also reported by one of the retired judge of Supreme Court who also served as a Chief Justice of Sindh High Court – that when the Supreme Court judges went to take their oath of office under the new military government in 2000, they were presented with empty pieces of paper from which to read. The then CJ Saeeduzzaman Siddiqui was the one to boost the judges: Hey, hurry up – we’ve to save the country so take the Oath.


Since Chief Justice Munir sacrificed constitutional law, the judiciary of Pakistan has been forced into a role not as the arbiter of justice but as the defender of the armed forces – to welcome them as the custodian of President House rather than guarding the borders. Had CJ Munir not breached the responsibilities he was delegated to – on the name of “Doctrine of Necessity”, we would not have been facing any Martial Laws in all these 62 years after Independence.