Musharraf's treason trial

[Shamraz_Khan]

Re: Musharraf’s treason trial

@Sa1eem

^^^ Sorry, I missed your post #52. I will read it carefully and would come to you later.

Anyhow, as in your post … let see the words of the constitution for emergency:

Part X: Emergency Provisions

**[TABLE]

232
Proclamation of emergency on account of war, internal disturbance, etc.
[TABLE]
[TR]
TD
If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency

[/TD]
[/TR]

**
Above paragraph means … President can impose emergency in two cases:

1: If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression

**Or **

2: **by internal disturbance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency

**It is obvious from above wordings that:

In case 1 … President would impose emergency on country.

In case 2 … President would impose emergency on Province … but if provincial matter is such that it can effect whole country then emergency can be imposed on country.

What I know (or understood from various sources), that November 2007 emergency was imposed on country due to threat to the country from terrorism (Pakistan army was fighting terrorism and court was not punishing but releasing the terrorists). Another factor was financial, where court obstructing running of state financial matters, and that was again affecting whole country. Hence emergency on country … and that emergecny was declared on advice of Prime Minister, Cabinet, Provincial governors and Chief Ministers of all 4 provinces. Later emergency got approval from Parliament, Senate and ‘7 bench Supreme Court’. Further, it was army chief that declared the emergency on behalf of President … due to terrorism in the country damaging or affecting the security of the country.

Assuming your argument is valid in scenario 1 and Mushy was legally justified in declaring emergency in the country than how do you explain:

1. He did that as an army chief & not as the president (thus it would be considered a coup invoking article 6)
2. What was the legal justification for suspending the Constitution?
3. If you read the Constitutional it clearly states that joint sitting of the parliament must approve presidential actions, and that never happened.