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Sunday, June 28, 2009

Spirit of the 1973 constitution - The Premeditated Fraud Continues

The most important ingredient behind any action is the intent. When the intent is crooked it would render any action, any law weak. In this column the curmudgeon Cowasjee shows in detail how the spirit of 1973 constitution was hijacked, bent, distorted and manipulated.~~t

So, it was grandly promulgated at noon on Independence Day, with much joy and jollity. How many of our present constitutionalists and contortionists remember that the life of the original document was of four hours duration? At 1600 hours that same day, Prime Minister Bhutto ordered the president he had appointed the meek and gentlemanly Fazal Elahi Chaudhry to sign an order which was notified in the Gazette of Pakistan, Extra, on Aug 15, 1973, No.F.24(1)/73-Pub. By this order the proclamation of emergency issued on Nov 23, 1971 was declared to be still in force, the reason being that while in force the president was empowered to order that the right to move any court for the enforcement of the fundamental rights conferred in the constitution was suspended and would remain suspended for the period the proclamation was in force. No court could be moved for the enforcement of the rights of the people — they were rendered non-justiciable. Thus were the people deprived, within the space of four hours, of 10 of the major fundamental rights guaranteed to them at noon on Aug 14, 1973. It was all a matter of premeditated fraud.


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