“Musharraf betrayed the oath which I administered to him as prime minister,” Nawaz Sharif said in an interview to “Herald Magazine”…
“Musharraf swore an oath that he would uphold the constitution, serve the government of the day and not get involved in politics,” says the former prime minister. “And what did he do? He violated the constitution, toppled a democratically elected government and indulged in politics.”
If we read the Article 6 it clearly says that any one attempting to interfere with the constitution carries a severe punishment.
ARTICLE 6 of the Constitution:
(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)Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.
And the Oath of Offices of the Members of the Armed Forces (Article 244) says that:
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan and ** uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage myself in any political activities whatsoever ** and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the law.
Same goes for the Judges of the Courts (Article 178 and 194) which they violated when they took the oath under the PCO and allowed Musharraf 3 years to rule:
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as Chief Justice of Pakistan (or a Judge of the Supreme Court of Pakistan or Chief Justice or a Judge of the High Court for the Province or Provinces of ____________) ** I will discharge my duties, and perform my functions, honestly to the best of my ability and faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law: **
That I will abide by the code of conduct issued by the Supreme Judicial Council:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill-will.
Amendments in the constitution can only be done by the Parliament, and not by any person, body or the SC court it self. No court in the world can give a single person, who has dismissed an elected government, to make changes in the constitution of that respective country…
ARTICLE 238 of the Constitution:
Amendment of Constitution
Subject to this Part, the Constitution may be amended by Act of Parliament.
The Constitution of Pakistan: The Constitution of Pakistan
** Zafar challenges Musharraf’s constitutional status in SC **
ISLAMABAD: Syed Zafar Ali Shah, the very first person to move the courts against the military coup of General Pervez Musharraf, has filed a constitutional petition in the Supreme Court (SC) on Tuesday, challenging the constitutional status of General Musharraf as president.
In his petition, Mr Shah has urged the chief justice of Pakistan to occupy the office of president, as the term of General Musharraf as chief executive expired on October 11, 2002 and his election as president through a ‘fictitious’ referendum has no constitutional authority.
http://www.dailytimes.com.pk/default.asp?page=story_6-11-2002_pg1_4
** LHCBA demands Naqvi’s prosecution under Article 6 of the Constitution **
LAHORE: The office bearers of Lahore High Court Bar Association have demanded that the General Tanveer Naqvi Chairman National Reconstruction Bureau should be prosecuted under the Article 6 of the Constitution as he played a leading role in the violation of constitution
The president Ch. Muzzamal Khan, Vice President Khawar Ikram Bhatti, the Secretary Shahid Mehmood Bhatti and the Finance Secretary have stated that the resignation of Gen Tanveer Naqvi, has proved the fact that the government has even lost its support of military quarters for its constitutional package, Legal Framework Order and other constitutional issues as the people have already rejected these matters.
They further said the unwise acts of Tanveer and his colleagues have put the nation and the country in deep trouble and severe crisis and General Musharraf should also resign feeling the sensitivity of the situation.
http://www.balochistanpost.com/item.asp?ID=2943
** NRB Chairman General Tanvir Naqvi resigns after distorting the Constitution
The General can’t serve under a politician! **
ISLAMABAD: After destroying the national institutions in the name of “reconstruction,” turning the 1973 Constitution of Pakistan into a “wish list” of General Pervez Musharraf, and forcing upon the nation a hung parliament, Lt. General (Retired) Tanvir Hussain Naqvi, a close associate of self-appointed President, has tendered his resignation from the chairmanship of the National Reconstruction Bureau.
Sources closed to the military junta said that the General was not happy with a recent decision of his dictator boss that the NRB should be under the Prime Minister and instead of being a part of the President’s Secretariat. “Serving under a politician was such a big shock for the General that he decided to quit,” commented a source requesting anonymity.
Among many failures to his credit is the concept of district governments. Even after more than a year of the establishment of district governments, neither their powers are determined nor is their share in the national and provincial resources determined. The abuse of district governments during the infamous referendum of the military dictator earlier this year brought into lime light the reasons for which the General was so interested in this devolution plan – rigging the public mandate.
http://www.balochistanpost.com/item.asp?ID=2938
So now when the Constitution will be restored with the infamous “PCO” and “LFO” as part of it, these articles will be restored also, anyone can go to the SC court and file a case against the “Generals” that they violated these articles, will the court hear the cases against them…
BUT The Supreme Court Bar Association (SCBA) refuses to argue petitions before the SC…
** Judiciary ceases to be independent: Lawyers refuse to argue before SC: Supreme Court’s credibility turns to ashes **
ISLAMABAD: The Supreme Court Bar Association (SCBA) on Monday declined to argue before the Supreme Court its petition regarding the appointment of judges praying, “the judiciary has ceased to be independent and that no substantial question of constitutional importance should be argued before this ‘honourable’ court in its present composition.”
http://www.balochistanpost.com/item.asp?ID=2957
and now SC is going after the SCBA president, but they do not say anything about the person who broke the Constitution
** Contempt petition filed against SCBA president **
ISLAMABAD: A contempt of court petition was filed in the Supreme Court of Pakistan against Hamid Khan, president Supreme Court Bar Association, on Friday.
Shahid Orakzai, a freelance journalist, filed the petition against Mr Khan under Article 204 of the Constitution.
The petitioner said Mr Khan had attempted to disgrace the court and added that if he did not consider the Supreme Court “in its present composition” a competent authority to rule “substantial questions of constitutional importance”, he should not have filed the review petition in the court. —SANA
http://www.dailytimes.com.pk/default.asp?page=story_9-11-2002_pg1_8
Some old articles:
** Musharraf guilty of treason, says petitioner’s counsel **
Making out his case against Referendum Order and Pervez Musharraf’s assumption of the office of the President of Pakistan in the Supreme Court during second day of his arguments Tuesday, Dr Farooq Hassan, counsel for the petitioner Qazi Hussain Ahamd, accused the President of violating a number of articles of the constitution of Pakistan and hence liable to be charged of high treason.
He said the President through the referendum order has violated several clauses of Articles 41, 43, 44, 46, 47, 48, 62, 63(d) and 260 and hence guilty of high treason.
(which carries the death penalty according to the Penal Code of Pakistan)
http://www.pakobserver.com/april2002/24/front/fnews02.shtml
** Musharraf risks credibility in drive for election win **
His overriding concern will be to ensure that politicians who support him win the majority in October’s parliamentary elections. If his opponents win, as they believe they can, some believe he could face a charge of high treason for leading the coup.
