Re: EMERGENCY IMPOSED IN PAKISTAN
After reading Artilce 6 - related to high treason, I would agree that it cannot be suspended by COAS or any citizen under force. Looks like he has really dug himself a trap, one that will be difficult to escape once the constitution is restored and the first case comes in to challenge his act of suspending the constitution. However if we read it closely:
**6.**High treason.
(1)Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason. (2)Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason. (3)[5]](http://www.pakistani.org/pakistan/constitution/part1.notes.html#5) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.
The language is still open to interpretation. He did not abrogate it, which means to make it permanently ineffective. And subvert would mean to undermine its principles, which again falls under emergency needs. So the definition of Abrogate and Subvert is open to interpretation and circumstances. Superficially, you can immediately say he is guilty of treason but don’t forget the fact that officially the terminology they have used is Suspended, which is not in the constituional clause of high treason. So to pass any judgement, it needs to be correlated by courts and their interpretation and circumstances of how close this suspension is to abrogation or subversion. Its not a black and white thing.
It would appear to be a very high risk manouver or a very dumb way to outflank that he has taken. Emergency situations are never covered in black and white in any documented procedures not matter it be the constitution of a country or that of a non-profit organization. Its always open to interpretation and dependent on circumstances.