Invoke Of Article-6 And Sectarian Fracas

It was Friday the 10th of Muharram, 1435, Friday when once again a volcano of sectarian war broke out in Pakistan. Primarily, it seemed to be a planned conspiracy and unfortunately theconspirators succeeded. The Govt. of Punjab was once again failed in local and provincial administration. The locals of Rawalpindi said that sectarian clash would have been avoided if the local administration had informed the procession doers to change the time of procession because of its time clash with Namaz-E-Jumma or to mute loudspeakers of the mosque. Apparently it seems to be the biggest lapse of security and the administrative failure.

 

The federal govt. called military and impose curfew to contain the violence. However, the lava of sectarianism spread to different parts of the country. Instead  of seeking for a permanent solution to stop the sectarian clashes, an unexpected press conference was held by Ch. Nisar which shocked the people as well as media.  He stated that Gen. Musharraf would be tried under Article-6. Initially, it seems the treason case has been brought into limelight to divert the attention from the tragic Pindi incident.

It is been 14 years and no case has been filed yet against Gen. Musharraf to invoke article-6 concerning high treason. Elephant of Gen. Musharraf  has passed the narrow streets of blames from Akbar Bughti case to Benazir murder case and the detention of judges;  he has been cleared from all these cases.  Suddenly, he was again arrested in Ghazi Abdul Rasheed (Lal Masjid) operation charges. Senior lawyers said that due to lack of evidence, he’ll successfully get bail in this case as well. PMLN intended to invoke article 6 against Musharraf in 2009, but reversed the plan.

 

According to Rana Jawad ; the Bureau chief of Geo News Islamabad;  the treason case investigation under article 6 was at the preliminary stage, but suddenly interior minister called on FIA to submit the report urgently. On that premature report, Ch. Nisar held a press conference about invoking of article 6 but he was failed to mention any evidences.


The treason article is being invoked for the first time in the history of Pakistan. I mention here the article 6 and its clauses. The article has 3 clauses:

 

Clause(1): *Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.*

 

No one can deny from the first clause of the Article-6 ,but II and III clauses can open a pandora box with if invoked against Pervaiz Musharraf.

 

Clause(2) states: Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.

Clause(3): *(Parliament)* shall by law provide for the punishment of *PERSONS* found guilty of high treason.

 

The clause 2 and 3 of the Article-6 implies that a single person can’t violate the constitution unless it has other complicit as well. In the clause 3 of the Article-6, the word “PERSONS” is mentioned. It means that the legislators of Article-6  were well aware of the fact that a single person could not violate the constitution by the power unless it has other abettors. For example, a constitution violators needs the apex court approval for validation of his action otherwise it stands null and void.

Another point needs to be mentioned regarding article-6 is that these clauses were passed unanimously, under objective resolution, not only since 1973. The treason article was incorporated in every constitution of the country since 1948.

 

My Questions:


1. Invoke Article-6 to  hang Gen. Musharraf, but  whom will you declare and include  in his aiding or abetting? In Musharraf’s tenure, constitution was abrogated twice, why were you silent on the 12th Oct 1999 democracy derailment act ?

 

2. How the abrogation of the constitution in 1999 was legal and 3rd Nov. 2007 was illegal?

 

3. Only Gen. Musharraf abrogate the constitution? What about Gen. Ayub and Gen. Zia and their aiding or abetting? what  action has taken against those who swore to continue the mission of Gen. Zia?

 

4. PMLN did protest against PPP when the Governor Rule was imposed in Punjab. Who imposed Governor Rule in Sindh in 1998 and destabilized the democratic process?

 

5. Who ordered media blackout in 1992 and 1998?

 

6.  Will the treason case be useful to stop the spread of the lava of sectarian war broke out in Rawalpindi?

In the end not to forget that South Punjab is the hub of sectarian extremists. PMLN won around 40 NA seats from there with their backing.

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1 Comment

  1. This is the saddest part sir , we have law but only on wishlist , we want to provide justice but till that point where we are safe,
    have you ever heard an old proverb ” اندھیری نگری چوپٹ راج ”

    May Allah Bless Pakistan !!

    Like

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