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One-man law factory: PML(N)

ISLAMABAD: President Pervez Musharraf, who lifted emergency rule in Pakistan on Saturday, continued to come in for criticism from opposition political parties, the legal fraternity and human rights activists for not ending the detention of the deposed judges of the Supreme Court and three key lawyers, or lifting the curbs on the media.

The judges, including the deposed Chief Justice, Iftikhar Chaudhary, and two of the lawyers remain under house arrest.

Caretaker Information Minister Nisar Memon described lifting of the Emergency and restoration of the Constitution as “historic.” But political parties and the legal community also slammed the last-minute amendments General (retd) Musharraf made to the Constitution on Friday night, using powers vested in him by the provisional constitutional order, and the legal cover given to all actions taken by him during the six-week period of the Emergency rule.

“It’s a one-man law factory going on. It’s a joke really,” said Nadir Chaudhri, spokesman of Pakistan Muslim League (N) leader Nawaz Sharif.

“He is not authorised to make amendments to the Constitution. Even a legitimate president cannot make amendments, they have to come up before Parliament,” he said.

General Musharraf made six amendments to the Constitution, among the most important of which was to legitimise his election by getting rid of a clause that the President would be elected after the expiration of the five-year term of the incumbent.

Wajihuddin Ahmed, a former judge of the Supreme Court and one of the petitioners against General Musharraf’s re-election, had argued in the disqualification cases that the pre-November 3 court was hearing that his election on October 6 violated this clause, because his earlier term was to end only on November 15.

Another amendment provides that judges who did not take oath under the November 3 provisional constitutional order, cease to hold office with effect from that date, while those who did would continue to hold office after the Constitution was restored.

Saturday’s order lifting the Emergency specifies that the revocation “shall not invalidate, nullify or render ineffective any order passed or action taken under the proclamation of Emergency or the PCO.

“The lifting of the Emergency and the revival of the Constitution are only eyewash. They have no value whatsoever, no significance. The revived Constitution is not the one that existed in the country on November 2. We are told he is also in the process of removing restrictions on the media, but it will not be the same media,” Justice (retd) Ahmed said.

Mr. Chaudhri of the PML (N) said Gen. Musharraf lifted the Emergency and repealed the provisional constitutional order after achieving what he wanted.

“He wanted to primarily remove the judiciary. We don’t feel that lifting the Emergency is anything worthwhile, or means anything in real terms,” he said, pointing out that the deposed judges remained under house arrest and the restrictions on the media continued.

The PML (N) has put the reinstatement of the judiciary and the restoration of the 1973 Constitution at the top of its manifesto.

Reuters quoted Benazir Bhutto telling reporters in Quetta that “the lifting of the state of Emergency an important step forward, but more needs to be done for the restoration of democracy.”

Justice Ahmed also criticised the Commonwealth for praising Gen. Musharraf for reviving the Constitution.

“What kind of Constitution has he revived?” he asked. The former judge, who was one of the six judges axed by General Musharraf’s 2000 provisional constitutional order, also criticised National Security Adviser M.K. Narayanan expressing “grudging respect” for the Pakistan President, and saying India was ready to do business with him. “We reject such statements, and I was especially sorry to hear this coming from India.” he said.

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