The Islamia University of Bahawalpur

Home , Abdul Hafeez Pirzada, Abid Hassan Minto, Afrasiab Khattak, Ahmad Awais, Asfandyar Wali Khan, Babar Khan Ghauri

COMPARATIVE STUDY OF DOMESTIC POLITICS OF GENERAL ZIA-UL-HAQ AND GENERAL PERVEZ MUSHARRAF REGIME WITH SPECIAL FOCUS ON POLITICAL AND CONSTITUTIONAL ACTIVITIES

SAEED AHMAD

Ph.D. History

Session 2009-2012

THE DEPARTMENT OF HISTORY The Islamia University of Bahawalpur

COMPARATIVE STUDY OF DOMESTIC POLITICS OF GENERAL ZIA-UL-HAQ AND GENERAL PERVEZ MUSHARRAF REGIME WITH SPECIAL FOCUS ON POLITICAL AND CONSTITUTIONAL ACTIVITIES

Session (2009-2012) Ph.D. History

Scholar Supervisor

Saeed Ahmad Professor Dr. Roll No: 01 Muhammad Akbar Malik

DEPARTMENT OF HISTORY The Islamia University of Bahawalpur

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Dedicated To

The Islamia University of Bahawalpur, to all my Teachers and Students, Especially my parents whose prayers are always key to my success and their unconditional love is source of my strength.

The Islamia University of Bahawalpur DEPARTMENT OF HISTORY

Declaration

I hereby declare that this thesis entitled; “Comparative Study of Domestic Politics of General Zia-ul-Haq and General Pervez Musharraf Regime with Special Focus on Political and Constitutional Activities” is the result of my individual research and that it has not been submitted concurrently to any other university for any other degree.

Saeed Ahmad

The Islamia University of Bahawalpur DEPARTMENT OF HISTORY

Forwarding Certificate

I hereby recommended that the dissertation prepared under my supervision by Saeed Ahmad entitled; “Comparative Study of Domestic Politics of General Zia-ul-Haq and General Pervez Musharraf Regime with Special focus on Political and Constitutional Activities” is accepted in partial fulfillment of the requirements for the degree of Ph.D. in History.

Prof. Dr. Muhammad Akbar Malik Supervisor

The Islamia University of Bahawalpur DEPARTMENT OF HISTORY

Date: ______

FINAL APPROVAL

It is certified that the dissertation, entitled; “Comparative Study of Domestic Politics of General Zia-ul-Haq and General Pervez Musharraf Regime with Special Focus on Political and Constitutional Activities” submitted by Saeed Ahmad, in our judgment is of sufficient standard to warrant its acceptance by The Islamia University of Bahawalpur, for the award of the degree of Ph.D. in History.

Supervisor: ______

External Examiners: ______

------

Chairman: ------

Department of History

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Acknowledgement

In the name of Allah, the Most Beneficent, the Most Merciful, the All Knowing, Who gave us knowledge and made us crown of creation on its basis. With the most beautiful attributives to Muhammad, the Truthful and Trusted One, the Mercy and Messenger, the Purified and Prophet (Peace Be Upon Him).

Let me dare say that doing research is a mammoth task and it needs extraordinary work for its accomplishment. However, working under the supervision of a man of stupendous learning makes the task easier and enjoyable. I am highly indebted to the man of learning, my supervisor, Prof. Dr. Muhammad Akbar Malik (Ex-Chairman Department of Pakistan Studies) for his skilled guidance, keen interest sympathetic attitude, and valuable pieces of advice, cooperation and encouragement for the completion of this thesis. I would like to express my heartiest gratitude to him for his help and guidance through various phases of research. I am also highly thankful to the Chairman Department of History, Prof. Dr. Shahid Hassan Rizvi, for his cooperation sympathy and priceless suggestions. I would like to say special thanks to the Chairman Department of Pakistan Studies, Prof Dr. Aftab Hussain Gillani, It would be difficult for me to complete my work without his support and assistance. I am also grateful to my magnanimous teachers Prof. Dr. Muhammad Khurshid, Pro. Dr. Abdul Razzaq Shahid, who always encouraged and helped me in this respect, I am also thankful to office staff and my friends and class fellows, especially, Dr. Mazhar Hussain, Dr. Anwar Khattak, Shahid Majeed, Shahid Hameed, Gulzar Ahmad Bhatti and Tahir Chishty for their love and cooperation. My gratitude also goes to Samina Bashir and Zahra Hashmi for their support, sincere contribution and assistance.

I visited some of the well-reputed libraries and educational centers of Pakistan including NDC Islamabad, FOL Islamabad, IPR Islamabad, IRS Islamabad, National

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Library Islamabad, The Punjab University of Library Lahore, The Central Library Bahawalpur and Sir Sadiq Library of The Islamia University of Bahawalpur. These libraries provided me with an easy access to books, newspapers, magazines and journals in a very cozy and peaceful atmosphere conducive to the completion of my work. My gratitude is for the staff members of all these libraries for their cooperation. The timely help by Anwar Hussain and extraordinary cooperation of my brother Mian Abid Sattar and Saddique Ahmad Gujjar proved a boon and blessing for me and I was able to complete my work.

I am thankful to other members of my family. I am also deeply indebted to my loving parents, caring wife, brothers, sisters and loveable children. They equally deserve the credit of what I have achieved today. Last but not least, I offer my heartiest gratitude to my brother and mother, who passed away during my course work and could not see the completion of my research work.

Saeed Ahmad

Abbreviations

ADB Asian Development Bank

ARD Alliance for the Restoration of Democracy

B.C Before Christ

BD Basic Democracies

BDS Basic Democracy System

CBR Central Boards of Revenue

CCB Citizen Community Board

CE Chief Executive

CJP Chief Justice of Pakistan

CLA Corporate Law Authority

CMA Chief Martial Administrator

CMLA Chief Martial Law Administrator

COAS Chief of Army Staff

COP Combine Opposition Parties

CSCQ Command and Staff College Quetta

DCO District Coordination Officer

DDC District Development Committee

DDO Deputy District Officer

DG Director-General

DGMO Director General Military Operations

DPO District Superintendent of Police

EDO Executive District Officers

ESR Education Sector Reforms

EU European Union

F.Sc Faculty of Science

FAR Field Artillery Regiment

FATA Federally Administrated Tribal Areas

FC College Forman Christian College

FER Foreign Exchange Reserve

FIR First Information Report

GDP Gross Domestic Product

GHQ General Head Quarters

HEC Higher Education Commission

ICS Indian Central Services

IMF International Monetary Fund

ISI Inter Services Intelligence

ISSB Inter Services Selection Board

IT Information Technology

JCOSC Joint Chief of Staff Committee

JUI Jamiat-e-Ulema-Islam

JI Jamat-e-Islami

JUP Jamiat-e-Ulema-e-Pakistan

LFO Legal Framework Order

LGO Local Government Ordinance

LGS Local Government System

LBS Local Bodies System

Lt. Gen Lieutenant General

MRD Movement for Restoration of Democracy

MOD Ministry of Defense

MQM Muttahida Qaumi Movement (Haq Parast)

MLO Martial Law Order

NACS National Anti Corruption Strategy

NDC National Defense College

NADRA National Data Base Registration Authority

NFC National Finance Commission

NGOs Non-Governmental Organizations

NRB National Reconstruction Bureau

NRO National Reconciliation Ordinance

NSC National Security Council

NWFP North-Western Frontier Province

PAF Pakistan Air Forces

PCO Provisional Constitutional Order

PDP Pakistan Democratic Party

PEMRA Pakistan Electronic Media Regulatory Authority

PFC Provincial Finance Commission

PML-N Pakistan Muslim League (Nawaz)

PML-Q Pakistan Muslim League (Quaid Azam)

PLD Pakistan Legal Decision

PMA Pakistan Military Academy

PNA Pakistan National Alliance

PPP Pakistan People Party

PPP-P Pakistan People Party-Parliamentary

PPA Political Parties Act

PBC Pakistan Bar Council

RCDS Royal College of Defense Studies

SBP State Bank of Pakistan

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SP Superintendent of Police

SSE Secondary School Examination

SSG Special Services Group

TMA Tehsil Municipal Administration

TV Television

UDF United Democratic Front

UGC University Grants Commission

UK United Kingdom

UN United Nations

UNDP United Nations Development Programme

USA United States of America

US United States

WAPDA Water and Power Development Authority

WB World Bank

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Preface

Since the day of independence, Pakistan has faced so many problems and crisis. A huge list of problems was waiting for the new state. Pakistan got independence according to 3rd June Plan, soon after independence, Pakistan implemented Indian Act 1935 with some amendments which was called The Interim Constitution of Pakistan 1947. Constitution framing was the major problem of the country; interim constitution does not fulfill the requirement of the new country, which was created on special ideology.

Delay in constitution framing gives the political testability to the country. After nine years the new constitution was awarded to the nation which could not run more than two and half years. The horrible phases of Martial Law continue from 1958-69 and 1969-71. In the previous period, we had tried another Constitution of 1962, which could not run more than 7 years. The Nation got new Constitution in 1973, which is in practice now a day. Soon it was also suspended and once again Martial Law was enforced from 1977-85. Again, the journey of the democracy yet to be started before the restoration of the constitution with some fatal articles and clauses were injected before the restoration. Due to these fatal articles, National Assembly was dissolved many times. In 1997, Prime Minister deleted these articles from the constitution with the help of the supremacy of the Parliament. Soon on October 12, 1999, come on the scene. Again, the Martial Law was implemented and constitutional amendments made in military period. The Pakistan political history is collection of coincident, in different periods different political set up were experienced here. Every Sovereign authority introduced his own ideology about democracy and power sharing formula not transfer of the powers. The political system they had introduced, that was temporarily strong due to their uniform but in the long run was not in the favor of Pakistan’s stability. Pakistan is a versatile country in this regard through the day 1st the civil and military bureaucracy increased their power due to the lack of leadership and bureaucracy become the part of dictatorship. It is the tragedy of Pakistan’s political history, suspension of the Parliament, dismissal of Prime Minister, suspension of Constitution, PCO, Emergency are well known words and common traditions for the politics.

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Some political experts believe that the political power cycle of Pakistan runs in a triangle base, President, Prime Minister and Chief of the Army Staff. Each angle of the tri-angle consists of 33 per cent power. However, the Army Chief has 34 per cent sharing in political history of the Pakistan. Whenever, two-angle merge third angle suffered, but in this power game, Prime Minister was always under hand and the most loosely. Since the day, first the conflicts of the power sharing many prime ministers were clean bold in this game. In this situation, our political system will not progress in future.

General Zia-ul-Haq and General Pervez Musharraf now part of our political history. Actually, this dissertation contains of abuse of power in Constitution of Pakistan since 1977-2008, two military dictators rule in Pakistan in different era. They tried different political system and made basic change in Constitution of Pakistan 1973, which has change the real face of the constitution in Pakistan. Due to the infiltration of the military rule, we could not start our political journey smoothly. In 63 years of independence, more than half years were military rule. Abuse of power is a major hurdle in way of democracy. The both dictator experienced with democracy, Zia-ul-Haq (1977-88) introduced the Majlis-e-Shoora, Local Body System, Referendum and non party elections and heavy amendments in constitution. During the period of Pervez Musharraf from 1999-2008, he introduced Devolution Plan, new Local Body System, District Governments, Referendum and also huge amendments made in constitution. Both personalities were accidental politicians and a major resemblance is war of Afghanistan held in their period. They try to promote their political ideology and gave a new system to the nation, but with the passage of time their ideology and amendments were ended with their period. The period between two military rulers, the democratic period is from 1988-99, where the four elected governments were dissolved by the authorities and military rule is running safe and sound for long time. There is very low chance for the flourishing of the democracy in Pakistan. We will also discuss either these amendments of the military period were done for the public or for the sake of their self. While, working on the topic as a research scholar, I tried to prove the following hypothesis as correct or in correct and as the research would progress I shall also formulate some more hypotheses:

i. What was the political philosophy of the Dictators?

ii. Were these reforms successful?

iii. Whether the political system of the country was made strong?

iv. Whether the Amendments were made in larger interest of the nation or for personal favor?

This dissertation is confined to the period of both military rules and their significance from 1977-88 and 1999-2008. In this research work some political figures and their role is discussed. However, their personal life and literary work not touched at all because this research work covers the politics of both military rules in the Pakistan and their constitutional activities during Martial Law period. Throughout the research work, I have collected data by the following two methods:

First is the field study method which is narrative research and I have taken the benefits of all primary and secondary sources to analysis the result of the dissertation. The research work was promoted with the help of government records, political party records, debates and speeches in the National Assembly and Senate, autobiographies, magazine interviews and TV debates and programmes, Research journals, thesis etc.

The second is Interview Method, which I have used in this research work. The contemporary politicians of that period, their friends and party heads have been interviewed and with the help of these two methods, information about both personalities have been gathered and on the basis of these information it became easy to get the results.

There are a lot of books written on both the periods. Moreover, websites, newspapers, magazines, journals and periodicals also contain a lot of information related to this research topic. A brief sketch of this related literature reviewed is being presented here.

A.B. Keith, “A Constitutional History of India 1600-1935”1 contain the constitutional journey of East India Company in the Subcontinent, author throw the light on the Administration of The British Government and evolution of the constitution in the

1. A.B. Keith, A Constitutional History of India 1600-1935, Central Books Depot, Allahabad, 1937 XVI

Subcontinent. The author has covered the three and half centuries of East India Company in the Subcontinent.

Anup Chand Kapur “Constitutional History of India 1765-1970”2 is also unique book about the constitutional evolution in the subcontinent. This is very important for constitutional history of Indo-Pak. The author has covered the almost two centuries of constitutional evolution of British Government.

Herbert Feldman, “A Constitution for Pakistan”3 the author had written so many books about the political history of Pakistan. Since the independence, the newborn Stats faced the administration and constitutional crisis at early stage and he narrates the events very truly. It relates with the role of renowned politicians in early constitution making in Pakistan, especially during the drafting of the Constitution of 1956 and 1962. Constitutional issue was the basic problems of Pakistan, so in this book all the constitutional issues are discussed.

Sir Ivor Jennings, “Constitutional Problems in Pakistan”4 is a best book for to study early constitutional affairs, because the author himself worked as team member for drafting the first Constitution of Pakistan; the author had also worked as Governor of Punjab, so in this regard it is very important book a sources of knowledge for researchers.

Anthony Hymen, “Pakistan: Zia and after” 5 is very balanced book on General Zia period. According to the author Islamic policy and Jihad was the key tools of Zia ul Haq. The writer has given very sound analytical view about Zia’s policies in Pakistan and exposed the side effects in Pakistan. Moreover, he explained that in military era, ethnicity was enhanced and Zia was promoting Islamic system, while the political system of Pakistan was destabilizing in Pakistan.

Muhammad Asghar Khan, “Generals in Politics: Pakistan 1958-1982” 6 the power politics is biggest problem of Pakistan, Asghar Khan focus the very sensitive issue of

2. Anup Chand Kapur, Constitutional History of India 1765-1970, Nirhaj, Prakashan, New Delhi, 1970 3. Herbert Feldman,, A Constitution for Pakistan, Oxford University Press, London, 1955 4. Sir Ivor Jennings, Constitutional Problems in Pakistan, Cambridge, 1957 5.Anthony Hymen, Pakistan: Zia and After, Abbinab Publication, New Delhi, 1989 6.Muhammad Asghar Khan, Generals in Politics: Pakistan 1958-1982, Vikas Publishing House, New Delhi, 1983 XVII

Pakistani politics, why the generals involved in politics. Asghar Khan was also Air Martial (Retd) and Hero of Indo-Pak War 1965 and eye witness of national politics. He was one of the major characters of PNA Movement.

Professor Ghafoor Ahmad, “Phir Martial Aa Gaya”7 on the eve of 3rd. Martial Law, the author was witness to ever thing, he was the Secretary General of PNA. During the last days of Z.A. Bhutto, Professor Ghafoor Ahmad was represented the PNA and had a dialogue with Govt. So it was the best book as evidence on the 3rd Martial Law in Pakistan. The author concluded his experiences in this book. It is the best book for General Zia-ul-Haq era.

Professor Ghafoor Ahmad, “Aur Election Na Ho Sakey”8 after imposing the Martial Law in Pakistan, General Zia-ul-Haq promise to the nation that soon he would held the elections in the country but he back out the promise. The Author focuses the attention on the elections, which were not only delayed 90 days, instead 90 month. It is also authentic book on Zia era.

Professor Ghafoor Ahmad, “General Zia Key Akhri Das Saal”9 after the long period of General Zia-ul-Haq, the author concluded the final summary of the General Zia era. Ghafoor Ahmad presented a comprehensive review about eleven years of Zia-ul-Haq. How he ruled over the Pakistan and deviate from the constitution. He focused the polities and governance of Zia-ul-Haq.

K.M. Arif, “Working with Zia: Pakistan’s Power Politics 1977-88” 10 The most reliable person of General Zia-ul-Haq era, and Vice Chief of Army Staff. Lt. General K.M. Arif, he wrote the book and told the inside story. This book is also very useful source of information. It covers the General Zia-ul-Haq political and constitutional development with Prime Minister Mr. Muhammad Khan Junejo.

Shahid Javed Burki, “Pakistan Under Bhutto 1971-77”11 the book contain the Z.A Bhutto era, after the Dhaka crisis the Govt. faced a lot of problems, the book cover the

7.Professor Ghafoor Ahmad, Phir Martial Law Aa Gaya, Jung Publishers, Lahore, 1988 8.Professor Ghafoor Ahmad, Aur Election Na Ho Sakey, Jung Publishers, Lahore, 1990 9.Professor Ghafoor Ahmad, General Zia Key Akhri 11 Saal, Jung Publishers, Lahore, 1988 10.K.M. Arif, Working with Zia: Pakistan’s Power Politics 1977-88, Oxford University Press, Karachi, 1988 11.Shahid Javed Burki, Pakistan under Bhutto 1971-77, McMillan Press, Hong Kong, 1988 XVIII entire period of Bhutto. The book contained the biggest blunder of Pakistan history “The Dhaka Fall and start of Bhutto Government”. The writer has focused the political situation of Z. A. Bhutto era. S.J. Burki also highlighted the doctorial mood and political and economic blunders of Z.A.Bhutto.

Safdar Mehmud, “Constitutional Foundation of Pakistan”12 is also a nice source of information about Pakistan politics. It contains description about party’s role in constitution making in Pakistan. This book is a basic source of constitutional history on Pakistan. The author covered the entire constitutional history of Pakistan. The author is former professor in leading university of Pakistan and series of the books about the political history of Pakistan.

Craig Baxter, “Pakistan under the Military: Eleven years of Zia-ul-Haq”13 The longest ever Martial Law continued in Pakistan during General Zia-ul-Haq’s Regime. The author gave his best view about Pakistan and after effects of the Zia rule. The author has so many other best books for Pakistan political history of Pakistan.

Hamid Khan, “Eighth Amendment- Constitutional and Political Crisis in Pakistan”14 the most controversial amendment was made on the period of Zia-ul-Haq. The book addresses the issues and shown the real face of the 8th Amendment. After the amendment the balance of power goes in favor of the President, instead of Prime Minister.

Justice Munior Ahmad, “From Jinnah to Zia”15 the author is former Chief Justice of Pakistan, who wrote the book about the politics of Pakistan. In the book he focuses the political personalities of Pakistan and started from Muhammad Ali Jinnah to General Zia-ul-Haq. The author was inventor of the theory of Doctrine of Necessity in Pakistan as a Chief Justice.

Maulana Kausar Niazi, “Aur Line Kat Gai”16 was the member of Z. A. Bhutto’s kitchen Cabinet and Information Minister of the Government. In the book, he gives the

12.Safdar Mehmud, Constitutional Foundation of Pakistan, Jung Publishers, Lahore,1990 13.Craig Baxter, Pakistan under the military eleven years of Zia ul Haq, West View Press, Boulder, Colorado, 1991 14.Hamid Khan, Eight Amendment Constitutional and Political Crisis in Pakistan, Wajid Ali Ltd, Lahore, 1994 15.Munior Ahmad, From Jinnah to Zia, Vanguard Books Ltd, Lahore, 1980 16.Kausar Niazi, Aur line Kat Gai, Jung Publishers, Lahore, 1987 XIX account of last days of Z.A. Bhutto and early days of General Zia-ul-Haq. It is also very useful source of information. Maulana Kausar disclosed the so many other hidden stories in this book. The author revealed the mind set of General Zia-ul-Haq. Azhar Sohail, “General Zia Key Akhri 11 Saal” ”17 is a book that mentions about the crisis faced by Pakistan in producing some eminent leaders. This book deals with the political struggle of some renowned leaders that Pakistan has ever produced. The writer had so many other books about the period. The author was professional journalist and had personal connections with politics, he cover so many interviews.

Faiz Ali Chishty, “Bhutto, Zia Aur Mai” 18 is also a valuable resource about the information Pakistan’s politics. It contains valuable information about the politics of the Martial Law contributions in this regard. The writer was the mastermind of the Operation Fair Play against Bhutto Government. The author was in charge of Operation Fair Play and was the right hand of General Zia-ul-Haq.

Paula Newberg, “Judging the State Courts and Constitutional Politics in Pakistan”19 the book deals with the conflict between courts and the governments in Pakistan. The book highlights the controversial decision by the courts and effects on the politics. The Doctrine of Necessity is always alive in the Politics of Pakistan. The author focused on the role of Judiciary in Pakistan.

Roedad Khan, “Pakistan: A Dream Gone Sour”20 was the renowned bureaucrat of Pakistan and served with three Military Dictators, and watch fourth Martial Law in Pakistan, he had shared the experiences during his service. He was the eyewitness of the power game of the Pakistan, he told so many hidden stories of Pakistan’s Dictators.

Mushahid Hussain, “Pakistan’s Politics: The Zia Years”21 the former professor and journalist presenting the analytical review about the Zia era, he focus on the jihad and the ethnic politics in Pakistan. The author has the opinion that such phase was based on

24.Azhar Sohail, General Zia Key Akhri 11 Saal, Firoz sons, Lahore, 1988 18.Faiz Ali Chishty, Bhutto, Zia Aur Mai, Jung Publishers, Lahore, 1991 19.Newberg, Paula, Judging the State- Courts and Constitutional Politics in Pakistan, Cambridge University, Cambridge, 1995 20.Roe Dad Khan, Pakistan: A Dream Gone Sour, Oxford University Press, Karachi, 1998 21.Mushahid Hussain, Pakistan’s Politics-The Zia years, Progressive Publishers, Lahore, 1990 XX

Pro-Islamic policies and after all the policies was vanished from the political scenario. He has so many inside stories in this book about the politics of Pakistan.

Ayesha Jalal, “The State of Martial Law Rule”22 is also nice source about the dictator’s era. The author has a strong grip on Civil-Military Relation. She had written so many other books about Martial Law and Civil Military Relations. She also writes the book on Zia and Musharraf era and about the foreign policy of the Pakistan. She is leading journalist of Pakistan.

Dilawer Mehmud, “The judiciary and Politics in Pakistan”23 the conflict between judiciary and the civil military bureaucracy since the Pakistan established. The author highlights the rift between the national institutions. The role of the judiciary in Pakistan is highly dramatic. The Judiciary in Pakistan always supported the Dictators and gave a legal cover to the Dictators, which is known as Doctrine of the Necessity.

Munir Ahmad, “Pakistan Mai Zilai Nizam-e-Hakumat Aur Election 2002”24 discusses the background, functions and other traits of basic democratic system, which will provide a royal road to understand the nature of the system. Thus Musharraf’s system of devolution of power will easily be compared to the systems of earlier rulers. It will support a lot to understand the functions and duties of different tiers of the system.

Pervez Musharraf’s autobiography, “In the Line of Fire, A Memoir by Pervez Musharraf”.25 It gives viewpoint of Musharraf and his policies. It also tells about the Military take over and toppling of the government of Mian Nawaz Sharif, he discussed the economic policies and establishment of various institutions and organizations. He also narrates about the Pak-India Relations and talk the war of terror.

Yousaf Hamid “Pakistan: A Study of Political Development 1947-97”26 is an important and valuable work in this regard. It will provide us sufficient data about history of

22.Ayesha Jalal, The State of Martial Law Rule, Cambridge University Press, Cambridge, 1990 23.Dilawer Mehmud, The judiciary and Politics in Pakistan, Idara-e-Mutala-e-Tehreek, Lahore, 1990 24.Munir Ahmad, Pakistan Mai Zilai Nizam-e-Hakumat Aur Election 2002, Maktaba-ul- Jaded, Lahore, 2003 25.Pervez Musharraf, In the Line of Fire- A Memoir by Pervez Musharraf, Free Press, a Division of Simon & Schuster, Islamabad, 2006 26.Yousaf Hamid, Pakistan: A Study of Political Development 1947-97, Sange-e- Mail Publications, Lahore,1999 XXI military intervention as well as political development throughout the history of Pakistan. The author had covered the fifty years of the political history.

Craig Baxter, “Pakistan under the Military”27 presents various causes and reasons of military interference in the politics of Pakistan. This book provides a critical review and outlook about the nature of military reigns and history of military in Pakistan. It supports a lot to understand army’s intervention in Pakistan. The author had too much command about the topic and about the politics of Pakistan.

M. Chengappa, Bidanda, “Pakistan, Islamization, Army and Foreign Policy”28 discusses army and its role in the politics of Pakistan. It also consists of Musharraf’s interviews with Asian Age and his Press Conferences. It helps to get Musharraf’s viewpoint about his policies and plans. One can get answers of different questions regarding his policies, if one consults this book. The author tried to present the mindset of the Pak-Army.

Benazir Bhutto, “Democracy vs. Dictatorship”29 former two times had been Prime Minister of Pakistan, had shared the experiences in politics in this book. She specially focused the Musharraf era. So it is a best source of knowledge. She all discussed about the political deals NRO, Uniform Presidential Election and General Election. She describes how she forced Musharraf to come on the table of dialogue.

Shahrukh Rafi Khan, “Pakistan under Musharraf”30 is also a good source of understanding the Musharraf’s Regime especially about the period of his CE ship. It presents a lot of information about his domestic policies and their effects on Pakistan’s economy and society. The first three years were the base of the Pervais Musharraf Government. This book is also a valuable addition in this research.

Allen McGrath, “The Destruction of Pakistan’s Democracy”31 In this book the author have on the opinion that Musharraf’s action was wrong, he did not support the military action. He also criticized the Nawaz Sharif Government 1999 and said, it was the civil

27.Craig Baxter, Pakistan under the Military, Oxford University Press, Karachi, 2005 28.M.Chengappa Bidanda, Pakistan: Islamization, Army and Foreign Policy, A.P.H. Publishing Corporation, New Delhi, 2004 29 Benazir Bhutto, Democracy vs. Dictatorship, Jahangir book Deport, Lahore, 2007 30.Shahrukh Rafi Khan, Pakistan Under Musharraf, Freed Publishers, Multan, 2008 31.Allen McGrath, The Destruction of Pakistan's Democracy, New York, 2001 XXII dictatorship. Moreover, the author gave his opinion about the political system of Pakistan. He said the salution of pakistan’s problems to made the institutions strong.

Hassan Askari Rizvi, “Military, State and Society in Pakistan”32 Endeavour to study the changing patterns of civil military relations in Pakistan with the objectives of understanding its causes and dynamics, its impacts on the politics and society as well as the military itself. The author has strong grip on civil military relation in Pakistan. Moreover the author has other book on Civil Military Relations.

Mian Raza Rabbani, “LFO- Fraud on the Constitution”33 During the Musharraf era and specially on the eve on the 17th Amendment in the Constitution of Pakistan, The author presented his point of view about the LFO 2002 and 17th Amendment in Pakistani Constitution. The author is seasoned parliamentarian over the decades. He also faced the Zia’s Martial Law and now bears the Musharraf era.

Zahid Islam, “Local Governments in Pakistan”34 In Musharraf era he emphasized on Local Governments System. He gave the Devolution Plan 2000. In the book, a comprehensive sketch of LGS was given in detail about the functions of the local bodies system in Pakistan. Therefore, this book is also a good source. To understand the LGS of Musharraf, it is also a nice book.

Irshad Maqbool, “Iqtadar Mai Pervez Musharraf Key Akhri 365 Din”35 the author gives detail about the Musharraf’s life, specially the last days of Musharraf, when Government was facing crisis repeatedly. He collects the professional information about Musharraf life and ups and dawn of the Pakistan politics. The author focuses the conspiracies of the President House.

Ghafoor Ahmad, “Pervez Musharraf: Army House Say Evan-e- Sadr Tak”36 after the long period of General Musharraf, the author concluded the final summary of the era. Ghafoor Ahmad presented a comprehensive review about first three years of Musharraf rule that how he becomes COAS, CE and then the President of the Pakistan.

32.Hassan Askari Rizvi, Military, State and Society in Pakistan, Lahore, Sang-e-Mail Publishers, 2001 33. Mian Raza Rabbani, LFO -- Fraud on the Constitution, Q.A Publishers, Karachi, 2003 34.Zahid Islam, Local Governments in Pakistan, South Asia Partnership, Lahore, 2008 35. Maqbool, Irshad, Iqtadar Mai Pervez Musharraf Key Akhri 365 Din, Fact Publishers, Lahore, 2008 36.Ghafoor Ahmad, Pervez Musharraf: Army House Say Evan-e- Sadr Tak, Alqamer enterprises, Lahore, 2009 XXIII

Irshad Maqbool, “Jerneal Beeti”37 in this book, the author gives the detail about the Musharraf’s life, he collect the personal and professional information about Musharraf’s life. The book contains about comprehensive information. This book is also very valuable source.

Ch, M. Azam, “Local Governments 2000”38 in this book the Devolution Plan 2000 was comprehensively discussed and history about the Local Government in Pakistan. The author also gave valuable information about General Ayub Khan LGS, General Zia’ s LGS and the General Musharraf’s LGS.

Farooq Tariq “Facing the Pervez Musharraf Dictatorship”39 is also good source about the Musharraf personal and professional life. The author also focus the former dictators of Pakistan. He has a lot of grip on the topic and information about the Musharraf rule. He oppenly critize the Musharraf era in this book.

Sohail Mehmud, “Musharraf’s Regime & the Governance Crisis”40 Good Governance is major problem of every dictator in Pakistan; but these are just calims. The author cover the entire period of Musharraf. In the book Musharraf forign, fascal and relations with USA have been discussed.

Vinod Saighal, “Restructuring Pakistan”41 In this book the writer fucus on first phase of Musharraf as Chief Exactative, he announced the seven point agenda about the revival of politics, economy, and accountibility in Pakistan. So the author decleared Musharraf as Restructuring Pakistan. It is also good book on Musharraf era.

Syed Asif Ali Jaffery, “Muhafz-e-Pakistan”42 In book the author gave opinion about the Musharraf’s Martial Law, whether it was correct and public of Pakistan supported this action. On the behalf of the public opinon, he writes the book and decleared to Musharraf as a Muhafiz-e-Pakistan. A huge masses wellcomed the Pervez Musharraf becouse peoples were fed up with traditional politics . They were see as a liberat of the nation. So that it is also good source.

37.Irshad Maqbool, Jerneal Beeti, Fact Publishers, Lahore, 2006 38.Ch, Muhammad Azam, Local Governments, Abdullah Brothers, Lahore, 2003 39.Farooq Tariq, Facing the Pervez Musharraf, Dictatorship, Good Books , Lahore , 2009 40.Sohail Mehmud, Musharraf Regime & the Governance Crisis, New York: Dravid & Dravid, 2008 41.Vinod Saighal, Restructuring Pakistan, New Delhi, Manas Publications, 2002 42.Syed Asif Ali Jaffery, Muhafz-e- Pakistan, Lahore, Azeem Publishers, 2006 XXIV

At the end, important document of General Zia-ul-Haq and General Pervez Musharraf era related to the topic, are provided in the Appendixes. Finally, the “Conclusion” sums up the whole discussion explained, does the domestic political policies of General Zia-ul-Haq and General Pervez Musharraf were successful or in favor of the public. A critical overview of the whole dissertation has been presented in this section.

XXV

Contents

Chapter CHAPTERS PAGE No.

Acknowledgement viii

List of Abbreviations x

Preface xiv

Abstract xxix

1 Introduction of State, Politics and Constitution 1-42

1.1 Defining the State, Politics and Constitutional Evolution 6

1.2 Political and Constitutional Progress in Subcontinent 11

1.3 Constitutional Development in Pakistan:1947-1977 18

1.4 Political System in Different Regimes:1947-1977 29

1.5 The Constitution of Pakistan 1973 and Amendments 39

2 Political Scenario in Zia-ul- Haq Regime: 1977-81 43-75

2.1 General Zia-ul-Haq’s Biography 43

2.2 Operation “Fair Play” July 5, 1977 50

2.3 Zia-ul-Haq’s Political Plan and Local Governments System 60

2.3.1 Format of Punjab Province Local Bodies 65

2.3.2 Format of Sind Province Local Bodies 65

2.3.3 Format of NWFP Province Local Bodies 66

2.3.4 Format of Baluchistan Province Local Bodies 66

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2.4 Provisional Constitutional Order: PCO March 24, 1981 70

3 Constitutional Dilemma in Zia-ul-Haq Era: 1982-88 76-110

3.1 Political Activism and MRD 76

3.2 Referendum 1984 and General Elections 1985 85

3.3 Revival of Constitutional Order and The 8th Amendment 92

3.4 Dismissal of Junejo’s Government May 29, 1988 101

4 General Pervez Musharraf Devolution Plan: 1999-2001 111-155

4.1General Pervez Musharraf’s Biography 111

4.2 Operation “Solidarity” October12, 1999 114

4.3 Provisional Constitutional Order: PCO January 26, 2000 134

4.4 Musharraf’s Political Model and Devolution Plan 2001 145

5 Development of Democracy in Musharraf Era: 2002- 08 156-197

5.1 Referendum 2002 and Opposition Parties 156

5.2 Legal Framework Order and General Elections 2002 164

5.3 The 17th Amendment 2003 and Role of Opposition Parties 170

5.4 Judicial Crisis, Presidential Election, and NRO 2007 177

5.5 PCO November 3, 2007 and General Elections 2008 185

6 Responds on General Zia-ul-Haq Era 198-239

6.1 Reaction of the Political Parties and Politicians 201

6.1.1 Pakistan People Party: (PPP) 201

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6.1.2 Tehreek-e-Istiqlal: (TI) 204

6.1.3 Jamiat-e-Ulema-e-Pakistan: (JUP) 207

6.1.4 Pakistan Democratic Party: (PDP) 209

6.1.5 Jamat-e-Islami: (JI) 212

6.1.6 Pakistan Muslim League: (PML) 214

6.1.7 Awami National Party: (ANP) 216

6.1.8 Jamiat-e-Ulema-e- Islam: (JUI) 217

6.1.9 Mohajir Quami Movement: (MQM) 222

6.2 Opinion of the Legal Experts 223

6.3 Comments of the Mass Media 231

7 Reaction on General Pervez Musharraf Era 240-278

7.1 Response of the Politicians on Musharraf Era 242

7.2 Views of the Legal Experts 250

7.3 Critics of the Print & Electronic Media 258

8 Conclusion 277-287

Appendices 288-321

Bibliography 322-336

XXVIII

Abstract

The research work “Comparative Study of Domestic Politics of General Zia-ul-Haq and General Pervez Musharraf Regime with Special Focus on Political and Constitutional Activities” related with the crucial political history of Pakistan. This era focus on political and constitutional activities of the two military dictators from 1977-88 and 1999-2008 in Pakistan.

The thesis consists of eight chapters, and the first chapter covers the evaluation of constitutional and political history of the world. It further contains the opinion of the renowned scholars of the world about the constitutional development with reference to the Indian Subcontinent. Moreover, the political and constitutional development in Pakistan has discussed comprehensively from 1947-77.

The second chapter focused on the political ambitions of the General Zia-ul-Haq, that how he seized the power through the “Operation Fair Play” and prolonged Martial Law in the name of accountability. Zia-ul-Haq postponed the General Elections very smartly and swiftly, although, he has promised the nation to held the elections after ninety days. The need of Local Bodies Election in 1979 and 1983, instead of General Elections are also discussed in this chapter. Further, discussed the PCO launched to sabotage the Judiciary by which Zia-ul-Haq sacked all seniors Judges of Supreme Court, who were thereat for him.

The third chapter focused on the political strategies of Zia-ul-Haq, that why he designed a fake Federal Assembly (Majlis-e-Shoora) with combination of different experts and low political profile personalities. In this chapter it discussed thoroughly that why Zia- ul-Haq holds a referendum and elected himself as President of the Pakistan. Further, the General Election of 1985 has discussed with its dire need for Zia-ul-Haq. The details of 8th. Amendment and the lifting the Martial Law with its political background is the essential part of the chapter.

The fourth chapter focused the 4th Martial Law in Pakistan by General Pervez Musharraf on October 12, 1999. It consists of the background of the tassel between Prime Minister and the COAS. The Kargil issue has discussed in detail, which become the basic cause of Martial Law. In this chapter, it discussed thoroughly that why Nawaz

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Sharif exercised the constitutional authority to remove the COAS and how the Pak- Army retaliates in respond. The “Operation Solidarity”, seven point agenda and the PCO of Pervez Musharraf are discussed in detail. Moreover, the Devolution Plan is the major part of this chapter.

The fifth chapter focused on the Musharraf era (2002-08), especially the political and constitutional development in the country. Like the past, the repetition of the Referendum, the making of Legal Frame Work Order (LFO2002), to hold the General Election according to LFO, the 17th Amendment in the constitution is the major topics discussed in this chapter. Moreover, the Judicial Crisis on March 2007, and Musharraf’s mini Martial Law of November 2007, is the essential part of this chapter.

The sixth and the seventh chapter consist of the reaction of both the military dictators. In these chapters, the compliments and the criticism of the politicians and the political parties had been presented. Moreover, in this chapter the opinion of the legal experts has recorded according to the law. The analysis of the journalists is the essential part of these chapters.

The eighth chapter consists of the conclusion and the final summary of the dissertation. An analytical views and suggestions are also the part of the conclusion.

XXX

Chapter 1 Introduction of State, Politics and Constitution

The nature has enriched the human being with blessings of wisdom and awareness, which enables him to differentiate between the right and the wrong for constructive and destructive deeds. He can design a strategy to spend a better life and in search of livelihood to become a useful individual of the society. The man cannot live alone due to his civic habit and it is not possible to get better results without the accomplishment of his perception and philosophy. Similarly, when the human population started growing then the factor of the discrimination on the basis of color, ethnicity, faith and language was introduced among the humankind. At that time such societies came into being, which were specified to some particular areas under meticulous circumstances. At this juncture politics was born, with an objective to organize the activities of the individuals. These activities included the commencement of like-minded people against dictator, tyrant and oppressor rulers on a united platform to launch a struggle and to create public awareness to initiate a combined movement for achieving profound success. This factor is being considered as the most important norm among the basic principles of politics. The concept of the state is as old as human civilization. In ancient times, the people were well aware about their homeland. The evolution of state was began with less societies and with the progress of the time, the idea of the own sate was devolved as well as mini territory come in to existence. The early shape of state was a small tribe or clan. As the civilization grew, the concept was flourished. We can see the ancient time states like Mesopotamian state, Roman and Greek States, Ottoman Empire, Subcontinent and in Islamic period were added many states but there was a centralization that command and control the inner part of states but after the decline of the empires new states emerge on the world map. The study of the history has shown so many states arisen on the world map in different times in different countries. They emerged and vanished from the map. In the start of 16th century many state were on the map and after the World War II, more states came in to existence. The term State is used in very broad sense, the word “State” is originated from Greek. They called their cities as states or Polis; it means a city is organized by political community. The Romans called the city-states as (civitas) which were converted in to English language as city, citizen, civic, or civilization. In

1 the middle ages of 15th & 16th century, European languages adopted the word State. With the passage of time, politics took the shape of a science. Political science defined by two ways, firstly a study of the political institutions, secondly a study of phenomenon of power or force of human society. Politics is universal phenomenon in human being and society. Every sensible person has a need or desire for the politics. Sir, J. R. Seeley (1834-1895AD) has expressed it as:

History without Political Science has no fruit

Political Science without History had no root1

The word of English “Politics” had been derived from the Greek word “Polis”, which means a city or town. The use of this ward was started in 13th century. In the ancient Greece as every city possessed the status of a complete state. Hence, it was also called the science of state. Later on, as the states expanded, he increases their shape, system, extensiveness and significance. Hence, it became pertinent for the creation of an authoritative institution or government, which could implement the promulgation of the laws. The state is in fact the politically organized society. Political Science is therefore, called the science of the State. Similarly, as the state adopted the status of universality, the political science also expanded accordingly. In the ancient time, Pluto (427-347B.C.), Aristotle (384-322B.C.) and Socrates (470-399B.C.) laid the proper foundation of political science. Pluto and Aristotle with the title of “Republic2” and “Politics3” composed very valuable books respectively, in which the political science was discussed in detail. The Philosophers of the Politics, they defined political science in their own way. Aristotle, comments about “Political Science is the name of polis states.”4 Benjamin Jowett who translated the book of Aristotle; “A form of Government which conduct for the benefits of the poor and rather than common people”.5 John Gilchrist says, “The political science relates to State and Government.”6 Gettel termed Political Science as “long and logical argument about the mutual relations of the States, he review the past of the State and experience of the

1Seeley, Sir John Robert, The Growth of British Policy , London, 1895, Title Page 2The Republic, dialogue of Socratic, written by Plato around 380 BC Translated by Benjamin Jowett 3Aristotle, Politics , Translate by Benjamin Jowett, London, 2004, P.12 The Politics is a work of political philosophy by Aristotle, a fourth century BC Greek philosopher the book contains about philosophy of human political affairs. 4Aristotle, Politics, Translated by Benjamin Jowett, London, 2008, P.42 5Laski, H.J, Grammar of the Politics, London, 1964,p.84 6Andrew Haywood, Political Ideology &Concept, London, 1998, p. 159 2 present and its future prospects.”7 Bluntschli (1808-1881AD) says, “The political science comprises of various types of development and position of the state.”8 Politics is concern of everybody with any sense of responsibility. Graves, says about “Political Science discusses with the clashes produced about power, rule and authority.”9 Stephen Leacock (1869-1944AD) says, “Political Science is the knowledge of the format of the government.”10 According to Seeley (1834-1895AD) “Political science argues with the government, as economics deals with wealth; algebra with the number and biology with life.”11 As per David Aptor (1924-2010AD) “Political Science as a whole argues with the relations of the rulers with the public; and their resources and objectives.”12 P. J. Rhodes explains, “The term of political science must be applied in extensive manner. This is the study of the attitudes and organization of different groups contending for the achievement of the rule.”13 Paul Jane says, “It is the part of social sciences which argues with the basic principles of the state and government.”14 If these definitions were reviewed, it is revealed that these pertain to different periods, and these are the explanations of political science accordingly. Among these philosophers, Greaves and David Aptor have defined political science in an absolutely different way, which is close to the contemporary circumstances.15 The ancient philosophers have used the word Politics for political science. In past, there was no such a major difference between politics and state. However, the knowledge expanded then it was named as political science. According to some philosophers, the politics must be called a science. However, philosophers like Maitland, August Comte (1798-1857AD) and John Stuart Mill (1806-1873AD), are not ready to acknowledge it as a science. If this discipline of knowledge is reviewed in the light of the definition of science, then it has all the shortcomings and limitations of social sciences, hence, it is approved the status of a vague science. In this science the principles have not been imposed in just mechanical way, but these are analysis in the light and on the basis of observation and experience, and such principles are devised which are usually proved accurate. Hence, it is not only a

7Ibid., p.164 8Ernest Barker, Greek Political Theory, London, 1967, p.25 9Laski, H.J, Introduction to the Politics, London, 1960, p. 46 10Soltao, Introduction to the Politics, Longman, London,1968,p.35 11Seeley, Sir, J. R., The Growth of British Policy, p.19 12Andrew Heywood, Political Ideology & concepts, London,1998, p.170 13Laski, H.J, Introduction to the Politics, p.79 14Pollard, A. F, The Evolution of Parliament, New York, 1974, p.127 15Pollard, p. 129 3 science but an art also. Political science keeps the political life associated with ideological aspects. The persons or individuals who possess some political strategy and try to impose it through some activity in the state are called politicians. Some philosophers apply the term of political philosophy for political science. As they consider that philosophy is the resource of all sciences as it also puts light on the political aspects, so political science can be called political philosophy, because philosophy provides foundation to the political science, based on perception and ideology. Therefore, it becomes the source of enhancement in political science, as it also supplies material for the political and furnishes it with extension. However, there is not much extension in philosophy that it may surround political science. Some political science experts apply the term of Political Theory for political science. However, it would be proper to call it a branch of political science and the new principles are compiled, which are called political ideas. The human relations possess significance in political science, as no state or government can exist without the participation of human beings. Furthermore, the success of both these institutions linked with the human behavior. Hence, in political science the relation between individuals and government, and the relations of individuals in the government format are reviewed. In the contemporary age, the government and individuals were considered on universal level. Because this is the attitude of the individuals, which focus the state and the government on international level, so the country’s laws are compiled by keeping in view the social, economic and religious activities of the individuals. Political science and the individuals keep a deep mutual relation in the social life. In the present age, there has been an enhancement in its significance. Especially, in the developing countries it has imposed great impact. Political science helps in improving the mutual relations of individuals and the government, the relations between individuals and the duties and rights of the people. The political training of the individuals is also possible through political science and this training is of great significance. Political science creates awareness in individuals about their rights and duties and to highlight the mutual relations of the individual and the state, it gives importance to the mutual relations of individuals. Political science put emphasis on mutual harmony of the affluent class to important social values and knowledge about its implementation. Political science is a civic discipline but it also has links with other social sciences. Hence, through its study the benefit can also be taken from a number of other sciences. In this way, we are able to get awareness about various 4 dimensions of the individual’s life, which produces self-confidence in human being. The government in political science is also an important topic. Some political science experts term government as an extremely significant theme of political science. The government is a proper organization and there are many types of government such as imperialism, dictatorship, democratic and noble etc. There are also three parts of the government, parliament, judiciary and administration and further includes the mutual relations of individual and the government. Therefore, the government is a vast issue and the extensiveness of the political science can be judged by this fact, while in the contemporary age, this factor is experiencing further expansion. The State is also a basic and important topic of political science, which includes the rules and responsibilities of the state. The concepts of the State are reviewed and studied. The pros and cons of State are analyzed and it is observed that to how much extent these are applicable and what results were achieved? Hence, new ideas are born and initially benefit derived from these ideas and then changes are made in them according to the contemporary circumstances so that advantage can be is taken in future. Aristotle says that man is a social animal,16 and he is dependent on others for the provision of his needs. Hence, man is by nature the part of a society. Any individual is also bound to live in a society, because it is community, which solves most of necessities and issues of its citizens. According to Al Farabi (872-950AD) the man is selfish by nature and sometimes makes efforts to achieve his vested interests, and for achieving his objective, he even deviates to inflict loss to others. 17 Hence, a disciplined organization was considered necessary to keep such people in balance. The state performs this function excellently. The word of State was first used in Greece and at that time, the state was thought to be restricted to cities. However, after

16Durant Will, The Story of Civilization, New York, 1955, p.143 17Al-Farabi, Abu Nasser, Araehal Almadinaal Fazilia, Berut,1959, p.52 The practical application of philosophy is a major concern expressed by Al-Farabi in many of his works, and while the majority of his philosophical output has been influenced by Aristotelian thought, his practical philosophy is unmistakably based on that of Ploto. In a similar manner to Ploto’s Republica, al-Farabi emphasizes that philosophy is both a theoretical and practical discipline; labeling those philosophers who do not apply their erudition to practical pursuits as futile philosophers. The ideal society, he says, is one directed towards the realization of true happiness (which can be taken to mean philosophical enlightenment) and as such, the ideal philosopher must hone all the necessary arts of rhetoric and poetics to communicate abstract truths to the ordinary people, as well as having achieved enlightenment himself. Al-Farabi compares the philosopher's role in relation to society with a physician in relation to the body; the body's health is affected by the "balance of its humors just as the city is determined by the moral habits of its people. The philosopher’s duty, he says, is to establish a virtuous society by healing the souls of the people, establishing justice and guiding them towards "true happiness.

5 the extension in the boundaries of the states both the urban and rural areas also began to be included. In the 16th and 17th centuries, the word “state” started to be used in English, French and German languages. The state is seldom used for the province, as in America, the word state is used for the units of the federation and it is known as United States of America. Apart from this the small regions are also called states, such as, Bahawalpur and Hyderabad Deccan which is not proper, as the state means the inhabiting of a specific group in a region with its organization politically and its sovereignty from inside and outside. When some society is organized for the supremacy of law then it is attributed as a state. According to Aristotle, state is such an organization the families and villages, which possessed an objective of spending a complete and self-sufficient life. This definition of Aristotle was appropriate for the Greek states but it is not possible in the present times. Wolsey says that the State is such an institution, which maintains justice and equity in a stipulated part of earth through its organs. Professor Garner says that the state is an assembly of several persons, who have been permanently occupying a particular territory and are free of outside pressure. They have their own government and obedience of the state must be mandatory for them.

1.1 Defining the State, Politics and Constitutional Evolution

Since the commencement of the journey of social development, the man had sensed some restrictions, limitations and dire need of some rules and regulations, so he fixed some principles for his survival and progress. After individual development followed the community, society, and State, hence, this collection of laws is known as constitution. Later on, when the geographical boundaries of ethnic and regional division were practiced, then every nation and country for its solidarity and sovereignty compiled constitutions according to the desire of public and independence. The term Law is used in very broad sense and commonly used all over the world. It means the uniformity of fixedness. The word is drive from Greek word Legal, and then in German it becomes Lag and later in English language as Law. There are so many kinds of Laws, for example Ordinary Law, State Law, Constitutional Law, Public Law, Private Law, Commercial Law, Criminal Law, and Hindu Law only for Hindus and Shariat Law only for Muslims, and Law of Nature, but here we shall discuss only the Constitutional Law. Now days there are so many

6 legal system practices in the world, such as Roman Law, British Law, Hindu Law and Islamic Law. Each system has its specific traditions, customs, norms, values and had its historical background. The evolution of the law was prevalent on the tribes, later becomes the nation and then finally became the State law. The Constitutional law is the big body of laws, which determines and regulates the powers and the functions of the various organs of the state; it may be written or unwritten. According to Oxford Dictionary, the meaning of constitution is the basic principles and the laws of the state. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations.

A treaty, which establishes an international organization, is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines, which States rulers cannot cross, such as fundamental rights.18 In this world, some rules and regulations are required to manage and keep the state affairs and the social organizations intact. If not all these rules are balanced and obvious then the whole infrastructure would not be durable and crash instantly. The State is also like a huge organization with various departments about the state and to create balance in these sections, the duties and rights are determined. As the State functions for humankind so a government is established for the organization of this factor. Similarly, the government requires a legislation to get awareness about its working jurisdiction, hence, these rules and regulations are known as Constitution. The constituent experts have further defined constitution, which can help us in understanding it better. Aristotle (384-322B.C.) defines constitution as following: “Constitution is such a regulation which enacts the mutual links between the state and the public.”19 Gayle mentioned in this context: “Constitution is a collection of those regulations which not only stabilize the mutual relations between the State and the citizens, but also governs the supreme authority of the State.”20 Earnest Barker (1874-1960AD) writes about constitution that, The society while association with the political discipline compiles such a memorandum, in which all the conditions of the accord are underlined, which not only determine the procedure

18Oxford Dictionary, Oxford University Press, London, 1988 19Politics, Aristotle Translated by Benjamin Jowett, , P.127 20Catlin. G, History of Political Philosophers, USA, 1971, p.22 7 for the use of the supreme authority of the State, the powers of the government, rights of the individual and to resolves the issues existing between the state and the individual. “This legal document of memorandum is known as Constitution.”21

Similarly, Dr. John Gilchrist (1759-1841AD) has defined the constitution “Those basic principles which could determine the system of government with the division of the powers among various institutions of the state is called Constitution.”22 Professor, A. Strong; mentions the objective of the constitution “the constitutions imposes restriction on the monopoly of the government and protects the rights of the citizens and also determines the nature of the supreme rule.”23 In the earlier societies, some rules and procedures existed which could be termed as democratic. Although there was no awareness among those semi cultured people so that they could have devised a democratic system or could have felt the need of the democratic rights and applied them. However, with the passage of time and the development of awareness, a sense for achieving the constituent democratic rights was awakened and as a result of this progress the foundation of the modern democratic society was laid. Along with the development of culture and civilization in various sectors of life. Specially, at the end of imperialism, the system of government and end of the age of slavery, a number of states achieved independence, and then each one did legislation to run the affairs of the state by keeping in view the specific beliefs and customs, and social and financial needs.

Later on, there was a dire need of a unanimous constituent skeleton which should be the best reflection of their desire. Now a question raised that how the constitution is formulated. Then the sociologists are agreed on four points about the formulation of the constitution, which flourished on the basis of these points in the modern societies. These peculiar points include first through contribution, secondly intentionally, thirdly through some revolution and lastly through some progressive ideology or on the basis of historical ideology. As far as the tradition of the constitution through contribution is concerned, then in this regard, when at the end of hereditary empires, the public rights were being acknowledged; the rulers due to the public pressure accepted some restrictions for themselves. This factor commenced initially during the

21Catlin. G, p.13 22Grover, T.R, Democracy in Ancient Times, p. 19 23Hennery Thomas, Great Philosophers, New York 1946, p.148 8

Roman period and afterwards “Magna Carta”24 was the best precedence of the same in 1215 AD, through which the English king recognized some rights of the public legally, and after that this custom became so much solid that there was no way left to evade it. Hence, the example of legislation through contribution came to the fore. After this there is the second important part of formulation of the constitution. In which the representatives of the state select the country laws for themselves, compile them and impose them. The American constitution is precedence in this regard which was finalized wisely at the place of Philadelphia on 178725with mutual consent. The second example which can be quoted in this regard is the first ever Constitution of the Pakistan1956, unanimously adopted. The revolution is also significant factor in the formation of constitution, because the public stages a rebellion against the dictator’s rule and they laid the foundation of a new constitution. We can find such examples in French and Russian revolutions. The new constitutions were introduced through these revolutions. The historical and ideological legislation is that constitution which after crossing the phases of development, in the perspective of ancient experiences, customs and traditions, and was ultimately promulgated in its final shape. The British Constitution is a very nice example of such legislation which is bound in gratitude to historical advancement. In such constitutions all such factors of conservativeness and revolutions of the modern times are blended together. Furthermore, there is also a type of ideological or religious constitution which is the reflection of the ideological and conceptual boundaries of the country. The Islamic constitution can be presented as a model, of this type, in which for the constituent infrastructure is formulated in the light of Islamic teachings for the prevalence of Islamic concept of life. This constitution achieved progress both in the Arabian and Ajamee (Non-Arabian) periods. In the Arabian rule the supreme ruler used to be the Caliph, who would be possess very dynamic personality and also be the centre of the rule of Islamic constitution. However, when Islam crossed the boundaries of Arabia, then the supreme authority is found to be divided between the Sultan and the prime minister. The formulation of constitution in such way is actually a reflection of their beliefs and the social conditions of the West. Every nation selected its own constitution and then

24Magna Carta1215, in the history of England, Magna Carat possessed a legislative status. In 1215 an accord was signed between the public and the King of England which is a part of British constitution. It is a landmark in the history of England. This agreement is known as Great Manifesto. 25 Philadelphia Convention1783-87, this convention possesses a significant place in the political and legislative history of the United States.

9 became a part of it. While the flag bearer western nations of democracy consider the religion and politics as separate elements. But Islam negates such concepts, as in the Islamic perspective the religion and the politics are essential for each other. In Islam the nucleus of the power is not people, Allah is the only Supreme Authority of the Universe. The Muslim community may live in any part of the world possesses a unanimous constitution. The Holy Scriptures and Books descended by Allah on His Prophets from Hazrat Adam (AS) to Hazrat Muhammad bin Abdullah (571-632AD) (SAW) have been actually the constitutions, showing the humanity the right path and a noble life. The past societies had to spend their lives in the light of these ordains and charter. Apart from this when the Holy Prophet, Hazrat Muhammad (SAW) migrated from Makah to Medina, a social accord was signed among the Jews, Christians, Ansar (local Muslims) and Muhajireen (migrated Muslims from Makah) settled in Medina, which is known as Charter of Medina.26 The sociologist considers this charter as very ancient but very comprehensive. Later on, the Charter of Medina became the basis of many constitutions of various nations. It is revealed through the construction of the charter that it was actually the factor which came into being to maintain balance between imperialism, dictatorship and the authority of the public. After the development process of centuries the public has got the opportunity to become an integral part of constituent democratic system. Undoubtedly, the constitution is not the creator of state, but it is portray of the existence of state. It ensures the authority of the basic principles about the state and determines the powers of different institutions of the state. There are always some rules or regulations existing, under which the state affairs are managed, either in written or unwritten form, and this is known as constitution of basic laws. Only that constitution is successful and popular, which is formulated in accordance with specific geographical atmosphere, historical background, social, economic and religious demands.

26Hameedullah, Khutabat-e-Bahawalpur, Islamia University Bahawalpur, 1987, p.66 The Constitution of Madina also known as the Charter of Medina was drafted by Prophet Muhammad after his flight (Hijri to Yasrib where he became political leader. It constituted a formal agreement between Muhammad and all of the significant tribes and families of Yasrib (later known as Medina), including Muslims, Jews, and pagans. The document was drawn up with the explicit concern of bringing to an end the bitter intertribal fighting between the clans of the Aws and Khazraj within Medina. To this effect it instituted a number of rights and responsibilities for the Muslim, Jewish, and pagan communities of Medina bringing them within the fold of one community of the Islam. The precise dating of the Constitution of Medina remains debated but generally scholars agree it was written shortly after the Hajri (622).

1.2 Political and Constitutional Development in Indo-Pak

Indo-Pak Sub-continent possesses the distinction of the ancient history. This part of world has remained the seat of ancient civilizations and the rise and fall of different nations. It is a large piece of land, which is naturally extended on about 4.5 million square kilometers, blessed with plenty of beneficent nature. There are snow laden mountainous ranges, deserts, rivers, flora, fauna, minerals, fossils and variety of seasons. In the ancient times, the region had been abode of many a nations which include Kaul, Dravidian, Asterisk, Huns and Aryans and later on Iranian, Greek, Turks, Afghans, Mongols, Arabs and British. The people of this area do not belong to one race as they are multi racial. Similarly, many languages are also spoken here. It was not an easy task to govern them by uniting all these ethnic groups and tribes politically. After the discovery of the sea route to India by Portuguese sailor, Vasco de Gama (1460-1525AD) the entry of western nations in India started. During the rule of Emperor Akbar, there was control of Portuguese on the coastal areas followed by the Dutch. Later on the French and the British were the last to come to India. Up till 15th century there was great demand of Indian products in the world markets and the Europeans would consider India as a golden sparrow. The East India Company was founded by 218 traders of England and a Court of Directors was established for the control and organization of the company.27 The Directors submitted a request to Queen Elizabeth I (1533-1603AD) that they intended to initiate trade with India. On 1600 AD, the Queen Elizabeth awarded the company a 15 years royal trade lease and according to this notification no other company could trade with India. On 1608, the Royal Envoy of England, Captain William Hawkins (1495-1554AD) came to the Court of Mughal Emperor, Nooruddin Jahangir (1559-1627), and delivered the letter of King James VI (1566-1625AD). Jahangir accorded permission after acknowledging trade links on Empires’ level and allowed the British traders to start their trade activities conferring them some privileges. They established their first trade office in Province of Gujarat, District Surat in 1612. The British established new ports and towns along with their commercial area in Madras, Ajmer, Bengal, Ahmadabad, Agra, Kolkata and Mumbai and strengthened their footings. Now the company was also stabilizing itself as a military power along with the trade. The history of East India

27Keith, A.B, Constitutional History of India 1600-1935, Central Book Depot Allahabad, 1937, p.274

Company is spread over 250 years. We can divide it into three phases. First phase was from inception to 1757, during which the company along with the trade also fought battles with other European nations and achieved victory. In this way they continued to maintained supremacy in India. The second phase is the period of important wars, and after that the British were transformed into a political power in India. The third phase is two decades before Freedom War 1857.

On1773, Regulating Act was approved in England with the basic objective of achieving administrative and political control on the affairs of the company.28 According to the Act, no one company could trade with India. A Board of Control was established to monitor the political affairs of India and also put a check on the management, now the company was directly accountable to British Crown. The company introduced a new political and constituent system in India which included Governor General, Board of Control, British Judicial system and political institutions. Due to the Act, the British Crown took the captured areas of company in India under its direct control and appointed Warren Hastings (1732-1818AD), as the first Governor General of Bengal (1773-85AD) Lt. John Clavering (1722-1777AD), George. H. Monson (1755-1823AD), Phillip Francis (1740-1818AD), and Richard Burwell (1741-1804AD), were nominated as the assistants to the Governor General Council29. Governor General would solve the local disputes and affairs with consultation and for further approval would refer to British Crown. The Act possesses the status of a milestone in the history of Sub-continent. The written constituent system was introduced instead of individual rule, dictatorship and emperorship. The collective style of government flourished and replaced individual style. The new political system and existence was acknowledged through this Act, some amendments were made to remove the flaws existing in this Act, which are known as Pitts India Act 1784.30 Keeping in view, the necessities of the circumstances, Reforms were done

28Hamid Khan, The Constitutional & Political History of Pakistan, Oxford press, Karachi, 1996, p.168 The Regulating Act of 1773 was an Act of the Parliament of Great Britain introduced the better management of the East India Company’s in India. The Act did not prove to be a long-term solution to concerns over the Company's affairs. Pitt's India Act 1784 was therefore subsequently enacted in 1784 as a more radical reform. 29 Robert, P.E, The History of British India, Oxford University Press, London, 1921, p.145 30Kapur, Anup Chand, Constitutional History of the India 1765-1970, Nirhj Prakashan, New Delhi, 1970, p. 46 The Pitts India Act 1784, also known as Pitt's India Act, was an Act of the Parliament of Great Britain intended to address the shortcomings of the Regulating Act of 1773 by bringing the East India Company's rule in India under the control of the British Government. Pitt's India Act provided for 12 on 1786, 1793, 1813, 1833 and 1853 Reforms and the trade rights of the company were revised for four times in two decade. However, the British political system was promoted in India due to the East India Company. The Constituent Council is regarded as the launching of Constituent Parliament in India. As the company extended their conquest in India, their political and administrative infrastructure also began to extend and strengthen with the same proportion. According to the Act of 1833, the Governor General was authorized to make laws in India and these laws would be enforced. The laws would be promulgated by the courts, up till 1853; sufficient development had been experienced in the political and constituent system of India. A constituent council had been established under the Sir Charles (1782- 1853AD). The political experts consider it was the first solid move of British political style. Although, there was no Hindu or Muslim member in the Council, but according to Sir Syed Ahmed Khan (1817-1898AD), the Indian public was prohibited to use their right of protest against any unwise measures of the government.31 The Freedom War struck a profound blow to the Indian public and the Indians would start feeling unsafe and insecure. The gulf between the British and Indians was extending. However, the Freedom War proved the fact that the public had politically awakened and if the locals were not included in the functioning of state then more threats could be faced by the British in future. The tragedy of 1857 not only brought the Mughal Empire to a disastrous end but also finished. The British Queen Victoria (1819- 1901AD) holds a Durbar in Allahabad on November 1st, 1858 and declared about the welfare plan. “We as rulers ensure the Indian public that we will abide by all those accords which the company has signed in the Sub-continent.32Till now the East India Company was ruling on the behalf of our trust. Now all the captured territories of India have become under directly our control.”33 The Queen appealed to public to remain loyal with British Crown. She said the privileges and a commitment to abide by the rights of public. Later, the new British political system, constituent infrastructure and administration were introduced in India. The Indian Council Act 1861 was enforced and for the first time devised a plan for the power share formula. the appointment of a Board of Control, and provided for a joint government of British India by both the Company and the Crown with the government holding the ultimate authority. 31Robert, P.E, The History of British India, p.378 Sir Syed Ahmed Khan 1817-1898 speech on Imperial Legislative Council 1883 32Robert, P.E, The History of British India, p.385, Queen Victoria, address to the public of India first time on November 1st 1858. 33 Kapur, Anup Chand, Constitutional History of the India 1765-1970 , p, 259 13

Under this Act, the head of government was to be called Governor General, which was a constitutional designation. The Indian citizens were granted representation in the Executive Council of the Governor General first time ever. The Executive Council was raised from 6 to 12 members. The unofficial members of Constituent Council and Administrative Council had no right to originate legislation and were very limited. There was no freedom even in other affairs; however, it was a fully fledged attempt towards the political and constituent development. The administrative framework designed for the Indian government included the formation of Governor General or Viceroy’s Executive Council and the institutionalization of the Constituent Assembly. The proper police system and municipality system was commenced in India. In England a special Ministry for the Indian Affairs was created, who would be members of parliament and answerable to parliament. The Act was actually the new edition of the previous Indian Councils Act of1861.

Governor General of India, considered that the previous India Councils Act1861, could not delivered the goods to the Indians and the public was not satisfied. Hence, he enforced the Act with some amendments. The big feature of this Act was that through this Act some powers were devolved from province to local bodies, which was the starting point of the politics and in India the politics began to flourish. After this Act the political parties began to rise in India. Due to this Act, the politics of India produced acceleration and the political benefits and fruits began to be acknowledged by the Indians. Inn Executive Council, the Hindus began to seize all political posts, but due to some weak points of the prevailing Act, the Muslims could not be nominated as member of the Executive Councils or other committees from 1892 to 1909. Due to this discrimination the political unrest among Muslims was raised and the Muslim members of Indian National Congress were feeling lack of protection in politics. The Sectary of States for Indian Affairs, John Marley (1838- 1923AD) said “the Government intends to make constitutional changes in India and in this regard the political parties will be contacted.”34 The Aligarh fellows received the news they decided to meet Lord Minto (1845-1914AD) at Simla on October 1, 1906. The Delegation was led by Sir Sultan Muhammad Aga Khan III (1838-1923AD).

34Khan Hamid, The Constitutional & Political History of Pakistan, p.391 14

They presented the demands of Muslims before the Governor General.35After the assurance of the Governor General, the Muslims started to participate in the administrative and political activities of India. King Edward VII (1841-1910AD) said on the eve of golden jubilee, “It is the heartiest desire of the British Government to deal with the Indian people in accordance with democratic values, so that the politics may flourish in India according to the democratic objectives.36 The Indian government received a letter from the Minister for Indian Affairs, in which the demands of the Delegation of Simla were supported. Minto-Marley Reforms1909 was also the constituent development of the previous reforms. It was a reformative package, which was based on the fact that the population of India comprised of multi racial and religious groups. There would be separate political constituencies for every group and this principle was acceptable, and for the first time the Muslims achieved seats in the Central Council. In Reforms of 1909, The Muslims were recognized as a separate entity. The legislation received further priority through these Reforms and the number of the members of Governor General’s Council was raised up to 60 members. Separate voters list and Electorates were established for the Hindus and the Muslims. Due to the mutual names of Minister for Indian Affairs John Marley and Governor General Lord Minto, the Reforms were named as Minto-Marley Reforms1909.37 While, earlier the laws were introduced for India as Indian Councils Acts. The Congress expressed great reaction over awarding of political rights to the Muslims. As a matter of fact, in these reforms it was decided to review the reforms after ten years on 1919. The Muslims surely reaped benefit from these reforms. In 1916, Lucknow Pact was agreed between Congress and Muslim League, and according to these joint proposals, for the future legislation would be recommended so that these proposals could be included in the future reforms. In November 1917, the British Minister for Indian affairs, Lord Montague paid a five-day visit to India and reviewed the prevailing political situation. He also convened meetings with Muhammad Ali Jinnah (1876-1948AD), Jawaharlal Nehru (1889-1964AD), M. K. Gandhi (1869-1948AD), Sir Muhammad Shafi(1869-1932AD), Madan Mohan Malvia (1861-1941AD), Bal Gangadhar Tilk (1856-1920AD), and Mrs. Anny Besnett

65Simla Delegation, a group of 30 prominent members of Ali Ghar meet to Governor General at Simla on October 1, 1906. They presented a charted to the Governor General to give more political rights to Muslims, so demands were accepted on1909 in Minto Morley Reforms. 36Ahmad Waheed , Shahrah-e Azadi, Act 1935,Quaid-e-Azam Academy, Islamabad, 1990, p.127 37The Indian Councils Act 1909; Morley-Minto Reforms was an Act of the parliament of the UK that brought about a limited increase in the involvement of Indians in the governance of British India. 15

(1847-1933AD), presented the Constituent Amendment Bill in the Indian Parliament on 1919, which is known as Montague-Chelmsford Reforms as previously with the names of the Governor General and Minister for Indian Affairs. It was fourth constitutional package for India. In these Reforms, more privileges and political system was given extension. This Act was also a milestone in the constitutional history of India. The Reforms of 191938 could not achieve much success but to a great extent the legislative and constituent government came into being. The Prime Minister of England, McDonald Wolsey (1866-1937AD), appointed a commission led by Sir John Simon (1873-1945AD), on November 8, 1927; for the solution of constitutional matters of India, which is well known as Simon Commission39. There were seven more members for its assistance and the interesting fact to note was that there was no Indian in this commission which was destined to sole the issues faced by the Indians, hence, the opposition started to call it a “White Commission”.40 Simon Commission came to India on February 3, 1928, but it had to face extreme opposition and after meeting a number of politicians it had to return with disappointment. No solution of the political crisis was found, and then British Prime Minister, requested to Mr. Ali Jinnah organized a Round Table Conference in London to solve the constitutional crisis. Later, three connective sessions of Round Table Conference, the British government issued a white paper in 1933. A committee was formed for the expected Constitution for India, which was named as “Select Commission”. The head of the committee was Lord Linlithgow (1836-1943AD), and it comprised of 20 Hindu and 2 Muslim members. The Commission took Nehru Report, Simon Report, Jinnah Fourteen Points and the proposals of Round Table Conference into consideration. The Commission organized 59 meetings from April 1933 to November1934. Eventually, Minister for Indian Affairs, Sir Samuel Hoare (1880-1959), presented the Bill on February 5, 1935 in the House of Commons in England. The Bill was passed after 43

38The Montague Chelmsford Reform introduced by the British colonial Govt in India to introduce self- governing institutions gradually to India. The reforms take their name from Edwin Samuel Montagu, the Secretary of State for India during the latter parts of World War I and Lord Chelmsford, Viceroy of India between 1916 and 1921. The reforms were outlined in the Montagu-Chelmsford Report prepared in 1918 and formed the basis of the Government of India Act 1919. Indian nationalists considered that the reforms did not go far enough while British conservatives were critical of them. 39The Prime Minister of England Constitutes a Commission for Constitutional Reform for India on November, 8, 1927 and headed by Sir John Simon with seven others British’s people. 40The Commission was also called “White Commission”. The Commission was bitterly criticized by Indian peoples because no one Indian member was included in the Commission. Mr. Jinnah expressed, British Govt. going to decide the fate of 350 Million people but unfortunately there is no Indian representation in the Commission. 16 days’ complete and comprehensive discussion, further more in House of Lords, after 13 days arguments, debates and discussions the Bill was finally approved. On August 2, 1935, with formal signature of King of England, George V (George Frederick Ernest Albert 1865-1936), on August 12, 1935, the Government Act of India was promulgated and implemented in subcontinent from 1935 to 1947. This Act was partially implemented in 1935, but it was totally enforced after the Provincial Elections of 1937. It was another landmark in the Indian political history. It was a huge document comprising of 321 Sections, 10 Schedules and 2 Chapters; one part of the document was about Federation, while, second part concerned with the Provincial matters.41 After Promulgation of the Act, both the largest political parties termed it as inapplicable. Indian Congress declared this Act as unfavorable and Nehru compared this Act as like a motor car which had no engine but have a lot of brakes.42 Mr. Jinnah also declared this Act as basically wrong, dispersed and in applicable.43 The Act brought a number of constituent changes as compared to the previous Acts of the British Government. Under this Act, the reflection of democratic freedom was evident in the election of provincial assembly and legislation, but the way the Indian political parties and public were demanding the democracy, that could not be achieved. All political parties of India termed it as not valuable. Although, the Constitution was drafted with strenuous efforts. This was a magnificent advancement in last 80 years of British Raj. The British Law of Independence remained enforced even after 1947. Government Act of India 1935 was implemented in India, with some changes till January 25, 1950.While in Pakistan, Government Act of India 1935, was in force with some amendments till March 23, 1956 Constitution of Pakistan. On March 23, 1956, the nation promulgated its own Constitution. According to the British historians, we can divide the Indian history into three different phases, Hindu phase, Muslim phase and British phase. While the fact is that the ancient Indian period is called as Hindu periods, middle period as Muslim period and modern Indian period is called British period.44 The two periods were entirely on pure religious basis while the British period was above the religion and possessed tolerance and political constitutional period.

41 Govt. Act of India 1935,www.govtofindia.com 42Nehru, Jawaharlal , Discovery of India, New Delhi, 1966, p. 262 43 Speeches of Muhammad Ali Jinnah, NDC, Islamabad 44Mills, John Stuart, The Principles of the Political Economy, London, 1944, p.43 17

1.3 Constitutional Development in Pakistan: 1947-1977

With reference to the separate identity of the Muslims in India the emergence of Pakistan was due to the great sacrifices, political complications and difficulties. The Two Nation theory became the logic of the Pakistan Movement. When Pakistan came into being on August 14, 1947, then it was facing a lot of problems with the issue of legislation was basic and on top of priorities. For the time being, the Government of India Act 1935 was implemented with amendments in some important sections, in supplementary and subsidiary articles, and was named as Government Act of Pakistan 1947. It was implemented and declared as an Interim Constitution of the Pakistan. This Act was not the reflection of national and religious objectives of the state, but was the starting point for the legislation of Islamic state. The Act itself could not fulfill the requirement for the principles of Islamic state. While a country which has been founded on Islamic ideology was in need of such constitution, which should be in accordance with the ancient and modern Islamic demands. As in an Islamic society Allah the Almighty is considered to be the only origin of power and this law can’t be changed in any circumstances. The united power of public and rulers and even the emperor and the parliament are not above divine law and neither this can compete them. Hence, for the achievement of this destiny the nation embarked on the journey of legislation. Pakistan as a newborn country was a victim of difficulties from the very first day, included constitution, system of government, religion, language, regional representation and the leadership crisis and all these issues kept the soil of the country without legislation. Without any doubt Pakistan got numerous problems in inheritance which included border disputes, water crisis, defiance issue, and the big issue of the rehabilitation of the refugees, currency, communications, state infrastructure, borrowed constitution, untrained democratic society, economic misery and uncertain situation. The preparation of constitution is always a difficult task for any nation. During its compilation the social, political and religious demands are taken into consideration. Whereas; the people and politicians were not acquainted with any such democratic or constituent experience in the past. Hence, a constitution for an Islamic ideological state like Pakistan was not an easy task. This fact was also acknowledged by the “Father of the Nation”, Muhammad Ali Jinnah (1876-1948AD), in his own words “It is an extraordinary deed and I guess that it will take 18 months to

18 two years for accomplishing this uphill task.”45 Unfortunately, the prediction of Mr. Jinnah could not be fulfilled and country remained the victim of slow going constituent process and with the passage of time, this crisis further became worse. The first Constituent Assembly was elected because of elections in 1946. Federal Cabinet worked from September 1946 to August 1947. At the time of independence there were only 69 members of the Pakistan Constituent Assembly.46The first ever session of the Constituent Assembly was held from August 10-15, 1947, at Karachi. On the first day Mr. Jogander Nath Mandal (1904-1968AD), a member of minority from East Pakistan was elected as acting President of the House, out of 69, only 52 members from East and West Pakistan attended the session. After independence, the number of the members got a rise as representation was also given to the refugees come from India and the member was increased from 69 to 79.47 Pakistan Muslim League enjoyed an absolute majority in the House, as out of a total 79 members, 60 were from PML, 11 were from Congress and 8 members were from other parties. Profession wise in assembly members from business class was 9, from legal fraternity 31, landlords 27 and from miscellaneous professions there were 12 members.48 Demise of Quaid-e-Azam, the constituent process further slowed down and no solid progress could be achieved. The first constituent assembly did not produce any worthwhile performance. The first two years were spent in correcting the administrative framework. The only feat of the first Constituent Assembly was the approval of the Objectives Resolution. The Objectives Resolution was not a constitution in itself; it was a significant step towards the constitution making. In the five consecutive sessions of the Constituent Assembly, the discussion on the topic of the Objectives Resolution, Pakistan National Congress, as opposition party, raised objection on the Resolution and Congress member B. K. Dutta said that: “The religion and politics have been intermingled in the Objectives Resolution; whereas, the religion is entirely separate from the politics.”49 S. C. Chattodhopiya also criticized the Resolution and said: “to the implementation of the Resolution, all Non-Muslims would either become water bearer or wood cutter.”50 Muslim members voted in favor, while Mian Iftikharuddin and Non-Muslim members were not satisfied on the Resolution. Liaqat

45Chudhary, Muhammad Ali, Emergence of Pakistan, Maktaba-e- Caravan, Lahore, 1984, p.95 46Jenkins, Sir Ivor, Constitutional Problems in Pakistan, University Press, Cambridge 1957, p. 257 47Mehmud, Safdar, Constitutional Foundations of Pakistan, Jung Publication, Lahore, 1990, p. 183 48Mehmud, Safdar, p. 188 49Proceedings of the Constituent Assembly of Pakistan Vol: V, Karachi 1049, p.38 50The Daily Pakistan Times, Karachi, December 09,1949 19

Ali Khan (1896-1951AD) ensured the cabinet and the minorities that in Islam the equality possessed basic position and their rights would be protected in all fields of life at every cost. The minorities would be treated as in the modern states. Anyhow, after the approval the masses felt a relief and the displeasure of public were ended. The Objectives Resolution determined the path for the legislation. Liaqat Ali Khan defended and said that. “The Resolution would provide a basis for the compiling of a constitution harmonious with the Islamic principles.”51 “Pakistan Times” termed the Objectives Resolution as advancement towards the set up of an Islamic state and mentioned in this reference that, “In Pakistan the Islamic state should be formed according to the Islamic teachings and the Objectives Resolution is the guarantee for its success.”52 Keith Collard mentioned: “Among Muslims the Objectives Resolution has been almost uniformly accepted as the cornerstone of the new constitution and it represented the high water mark of agreement on constituent principles.”53 In short, the Resolution paved the way for the implementation of these basic principles for which the Muslims of India had a long struggle. After that, the Legislative Assembly constitutes a Basic Principles Committee BPC, on March 12, 1949. The Committee was comprised of 25 members and its basic task was to compile the Constitution for Pakistan. This committee was also accorded the permission to appoint more members for providing assistance in its compilation. The Speaker of the National Assembly, Molvi Tameezuddin Khan (1889-19863AD), was elected as the President of the Committee. The Committee further constituted three sub committees.54 Allama Shabbir Ahmed Usmani (1886-1949AD), presented a proposal in the assembly to establish a Board of Islamic learning, so that the opinions and complaints could be presented on religious aspects to the members of the committee. Hence, the assembly welcomed the proposals approved the establishment of an Islamic Education Board. The Basic Principles Committee (BPC) presented its interim report one on September 28, 1950; in which the proposal of bicameral federal parliamentary system of legislature was submitted. In the upper house all the provinces would get equal seats while in the lower house the representation would be on the basis of population. In the provinces the unicameral parliamentary system was proposed. The right of definition

51Keith Collard, Pakistan a Political Study, London 1968, p.69 52The Daily Pakistan Times, Karachi, December 29,1949 53Keith Collard, p.71 54The first Sub-Committee was about the distribution of Authorities between Federal and Provincial, This was comprised of 20 Members. The second Sub-Committee was about Election Reforms with 15 Members. While, the third Sub- Committee was about the Judicial Reforms and it has 8Members. 20 of the legislature would lie with the Federal Court of Justice only and it was also proposed to declare Urdu as official language of the country.55 When the report was made public, then the public expressed great disappointment and a new discussion started among the masses. The reason for this strong reaction was that the legal framework proposed in this report was incomplete and unfinished and its soul was contrary to the Objectives Resolution. The public of East Pakistan was of the view that their majority has been converted into minority. Their second objection was that Urdu language had been declared as official language while the language of the majority of population, Bengali has been totally ignored. According to Pakistan Times, East Pakistan Muslim League Council called this Report as “Anti Bengal Report.”56 The leaders of East Pakistan expressed their concern on the report and termed it as injustice and reflection of extortion. The Haq, wrote its editorial under the title of “Pakistan’s new constitution” reviewed on the recommendations in this regard as follows: The reflection of the type of constitution desired by rulers of Pakistan for implementation in this largest Islamic country of the world can be reviewed in the recommendations proposed for this purpose. If these recommendations of the committee are approved the foundation of the Constitution of Pakistan is laid on the advice of these imperialist forces, then Pakistan cannot be declared as an Islamic state and the sacrifices offered by the Muslims of India for the noble cause of the emergence of this Islamic state will go wasted.57Maulana Abu’ala Maudoodi (1903- 1978) criticized with reference to the religion and said that: It seems that a Sikh has been made the Imam of Masque. Under the title of Islam, the constituent sketch is atheist and a secular state has been created.”58 This report brought a message of disappointment for the public and this report was also made the target of criticism, as neither there was any obvious constituent framework nor guarantee had been provided for the Islamic system of government. East Pakistan had already termed it as inapplicable. The Pakistan Observer commented on the nominated Committees of the Constituent Assembly as under: The recommendations presented about the framework of next Constitution of Pakistan are contempt of Pakistan, mockery of Democracy and challenge for the coming generations. 59 Public of the both wings could not be

55Mehmud, Safdar, Constitutional Foundations of Pakistan, p.346 56The Daily Pakistan Times, Karachi, October 9, 1950 57The Daily HAQ , Karachi , October 10, 1950 58Mehmud, Safdar, Pakistan Divide, p.93 59The Daily Pakistan Observer, Dhaka, November22, 1951 21 satisfied with this report as the expectations of the people were hurt. Although the Muslim League working Committee of East Pakistan also did not welcome it and Prime, Liaqat Ali Khan shows strong reaction and appealed to the House, these proposals might be put in pending. On the other side, he appealed to the public that for their amendments proposals might be presented and according to their proposals every possible amendment will be made.60The objective of postponing the publication of Report was to consider the weak and disputed aspects of the report so that the positive aspects might be welcomed for compilation of such a constituent framework acceptable to both wings of the country. Liaqat Ali Khan constituted another additional Committee for the Committee of Basic Principles to collect positive suggestions. The main purpose of this Committee was to consider and think over completely on the proposals submitted by the public. This committee also performed on a snail pace, Mean while the second greatest tragedy in the history of Pakistan occurred and that was the martyrdom of Prime Minister Liaqat Ali Khan. Khawaja Nazim-ud-din (1895-1951AD), resigned from the post of Governor General and became the Prime Minister to fill the political and constituent void of the country. Similarly, Malik Ghulam Muhammad (1887-1957AD) took over as Governor General. It is still a mystery that why Khawaja Nazimuddin resigned from the post of Governor General and accepted the post of Prime Minister. Anyhow, with this decision of Khawaja Nazimuddin turned the tide of the flow of the country’s political history. Under the new cabinet the Basic Principles Committee submitted its report by the month of July 1952, and submitted its recommendations. Later on, this revised report was presented in the Constituent Assembly for approval on December 22, 1952. According to this Report the head of the state would be exclusively a Muslim, to be elected by both Houses of the Parliament. The Central Constituent Assembly would comprise of two houses. The Upper House would comprise of 120 members while the Lower House would have 400 members. The representatives of both the wings would be equal in number. An Ulema Board would be constituted to determine the Islamic or un-Islamic status of legislation; however, Ulema would not be authorized to give their opinion on the documents presented in the constituent assembly. The election would be held on the basis of adult franchise. No decision was taken about the national language and was withheld. There would be a Supreme Court

60 Wilcox, A. Wayne, The Pakistan Coup d’état of 1958, journal of Pacific Affairs, 1965, Vol. 38, No. 2, 1965, p.3-4 22 and the President would appoint the judges of the court.61 The second revised Report also could not get the consent of the public and this report also remained a disappointment. However, this time the term of Bengali- Punjabi crisis Report became very common. In this report the procedure of equality adopted by the committee was totally rejected by majority of the members of the assembly. The East Pakistan representatives termed it as usurping of rights and grabbing of the resources of the eastern wing. In various cities of East Pakistan seminars were held and this report was condemned as was declared inapplicable. The crisis rising out of the regional status and language in fact proved to be a storm for the ideology of Pakistan. The crisis also clearly exposed the sketch of the future politics of Pakistan. After the publication of the Report, two extremist groups of different schools of thought were produced in the national politics; one was in support of a strong centre while the other group voted for the strong and complete autonomy of the provinces. The second recommendation facing great criticism was about the constitution of the Ulema Board. The political parties considered this step as creating a parallel body against the parliament. Hence, this report also fell below expectations. Khawaja Nazimuddin’s expectations about the report were dashed and his hard work was wasted. This report became a victim of the mutual differences of the members of constituent assembly. Most of the members showed no interest in the Report and remained unassociated with it, while even 16 out of 29 members of the reporting committee put their signatures of approval on the document.62 In spite of the basic flaws of the report Khawaja Nazimuddin declared this report as memorandum of understanding and the ray of rising sun in the darkness of the night.63 The political tension further enhanced with the publication of the report. As Safdar Mahmud mentions in this regard: “The Report raised a wide storms, it gave rise to an unending controversy and generated bitterness between East and West Pakistan.”64 Hence, due to the irresponsible political attitude. The process of legislation once again became the victim of postponement. Some more factors appeared for the division and scattering of the country, Tehreek-e-Khatam-e-Nabawat (SAW) and Martial Law of March 6, 1953 are the same sequence. In this regard ultimately the Governor General took a stern action on this occasion and dismissed the Cabinet of Khawaja Nazim-ud-din on April 18, 1953. A notification of the

61Mehmud, Safdar, Govt & Politics in Pakistan 1947-1954, Lahore p.171 62Mehmud, Safdar, p.157 63Hobart Feldman, A Constitution of Pakistan, Karachi, 1965, p.85 64Ahmad, Mushtaq, Government and Politics in Pakistan, Karachi, 1970, p.70 23

Governor General was published in the national press with following text: Under unavoidable circumstances, I have come to this conclusion that Khawaja Nazimuddin and his cabinet had failed to cope with the problems faced by the country.65 Although, same day the Cabinet had approved the budget from the Assembly. Hence, the constituent process once again was delayed and this measure of the Governor General shacked the political basis of future. This was such a constituent deviation that made very dangerous impact on Pakistan’s politics. There was more than one reason for the differences between Governor General, Malik Ghulam Muhammad and Prime Minister, Khawaja Nazimuddin. But the most significant was those constituent proposals due to which the Governor General had to face the decline his powers. Actually, Governor General desired to apply all those powers all alone as inside he existed the image of Viceroy. If the constitution would have been compiled at an early stage then Malik Ghulam Muhammad’s powers would have transferred to the public representatives and other elected powers. Hence, Governor General in abide to block the way of constitution dismissed the government of Khawaja Nazim-ud-din. This measure of the Governor General was very shocking and once again the constitutional process was postponed. After the dismissal of Khawaja Nazim-ud-din the Governor General nominated Muhammad Ali Bogra (1919-1963AD), as Prime Minister, who was serving as Ambassador to United States of America. Muhammad Ali Bogra belonged to a family of Bengal and had served as Deputy Chief Minister under Hussein Shaheed Suharwardi (1893-1963AD), in the United Bengal before partition. On return, he was elected as the Parliamentary leader of Pakistan Muslim League PML and then was appointed as Prime Minister. In this way apparently the political Crisis came to an end in the country and once again the starts of prospects of constituent process were produced. This impression was raised with the appointment of Bogra as Prime Minister that United States of America was interfering in the internal affairs of Pakistan. Mushtaq Ahmed mentions the circumstances under which Bogra was appointed on this post, “On the eve of the departure from Washington he was made to know that Pakistan was waiting for him at the journey’s end.”66 Bogra’s major and basic issue was to address the suspension of constituent process so that the basic constituent framework of the country could be accomplished. Muhammad Ali Bogra in a short period of less than six months presented a formula in the Constituent

65The Daily Dawn, Karachi, April 19, 1953 66Ahmad, Mushtaq, p. 75 24

Assembly which is known as “Bogra Formula”.67 His claim was that, this formula would be acceptable to both the wings of the country. All leaders of different schools of thought appreciated Bogra Formula and for the first time and the representation of both the provinces was accepted on principle of Parity. Ultimately, the members of the Constituent Assembly agreed upon this formula, which was approved unanimously in October 1953, by the parliamentary party of Pakistan Muslim League. These proposals were kept under consideration from October 7, to November14, 1953. After that the sections were approved by the assembly and given a shape of a document for which a committee was constituted. The services of the British lawyer, Sir Ivor Jenkins (1906-1965) were also hired for this purpose.68 Prime Minister, M. Ali Bogra declared on the occasion of these constituent reforms: “The new proposal had been unanimously accepted by colleagues, by the Chief Ministers of N.W.F.P., East Bengal, West Punjab, Sind and Baluchistan and by all members of the Pakistan Muslim League parliamentary group.”69In Bogra Formula the image of the strong centre also existed while the provinces were ensured guarantee for their rights. However, the slow moving was deliberately attempted in the constituent process. Although, Mr. Bogra had publicly expressed that no hurdle in the constituent process would be tolerated. In fact, there were many causes of delay in the legislative process and the most significant was the East Pakistan situation. In East Pakistan all political parties had formed a united alliance and defeated Pakistan Muslim League in the provincial elections convincingly. In this regard Keith Collard says that: “Pakistan Muslim League was reluctant to face the public in the provincial elections, as in a by election one candidate of Muslim League had tasted worst defeat and after that no elections were held in other constituencies. Hence, in a House of 171 members of East Pakistan, 34 seats became vacant.”70 Dr. Safdar Mehmud also reviewed, “It had become obvious with the defeat of Muslim League that the party having majority in

67 This factor was also a source of satisfaction for the people of East Pakistan, and they acknowledged that the Federal Assembly would consist of two houses. The Upper House would comprise of 50 members and the Lower House would have 300 members. The five provinces of the country would represent five units and the representation would be according to the population. The worth mentioning fact is that the proposal was presented in the formula that either President or Prime Minister would be from East Pakistan or West Pakistan respectively. Bengali along with Urdu was accorded the status of national language. In this formula another major change was made and the power of the review of Non- Islamic aspects of the constitution was entrusted to Supreme Court instead of Ulema Board. The proposals given in Bogra Formula were to great extent a source of satisfaction for both parts of Pakistan. 68Jenkins, Sir Ivor, Constitutional Problems in Pakistan, p. 260 69Ahmad, Mushtaq, p. 88 70Keith Collard, p. 195 25 the constituent assembly has lost the confidence of the public, and has lost the distinction of being the representative of the assembly”.71This fact produced the impression that Muslim League had even lost the right of making legislation for the country.

In West Pakistan, the public was also very much disappointed. As a result of the ever rising tension in both parts of the country, the efforts of Pakistan Muslim League government further transformed the prevailing situation bitter and unclear. By the end of September 1953, Muhammad Ali Bogra had completed the report of constituent assembly in all respects, he addressed a press conference and said: “I am now in a position to announce to my countrymen that the dead lock which had so long held up the progress of constitution making, has been broken.”72Now it was being hoped that in the light of the decision of the Constituent Assembly the document of the constitution would soon be finalized, while the Prime Minister announced that the new constitution would be promulgated with effect from January 1, 1954, after crossing all phases of the approval of Assembly by December 25, 1954.73 Anyhow, yet the constituent problem had not been solved on September 20, 1954, PRODA (The disqualification law from the ranks of public representation) was abolished.74 In fact, this law was passed by Liaqat Ali Khan in 1948, and under this law the public possessed the right of accountability against any corruption of ministers and politicians. Member of Assembly, Mr. Hashim Gazdar had already made an attempt to abolition of PRODA in 1951, but at that time the circumstances were not favorable. In September 1954, when the Government’s allied was ready to restrict the powers of the Governor General and a Bill was presented in the Assembly through this platform. On September 21, 1954, Hashim Gazdar presented the bill, which was approved in first attempt and on the same day; the Speaker, Molvi Tamez-ud-din Khan duly signed the Bill approved by the Constituent Assembly. Simultaneously, the Bill was dispatched to the press for publication in the gazette; at the same time another Bill was presented which aimed to restrict the authority of the Governor General.75 After the approval of these two Bills the session of the Assembly was postponed to October

71Mehmud, Safdar, Govt & Politics in Pakistan 1947-1954, p.190 72Mehmud, Safdar, Pakistan Divide , p.186 73The Pakistan Times, Karachi, September, 22, 1953 74Noor Ahmad,p.445 75P.R.O.D.A It was formed by Prime Minister, Liaqat Ali Khan’s regime, but as it could not make any Positive impact, so it was abolished in 1954, as its negative impacts were more. 26

25, 1954. The Governor General was on official tours of Punjab and Sind Provinces, when he was acknowledged about the Bills, he was outrageous, the Governor General treated harshly with staff and abuse in Punjabi language, who informed him about the development. He asked him that when this night attack was being planned, where was he? The Governor General, immediately reached the Capital, Karachi, and started planning to tackle the situation. The Governor General, firstly contact to the Pakistani Ambassador in Zurich, Switzerland; Hussain Shaheed Suharwardi (1893-1963AD). Muhammad Ali Bogra was on official visit to United States; he was also informed and directed to return back Pakistan by cutting his visit short. The perplexity of the Governor General was highly annoyed about last political development, so he turned the political table of Pakistan. He dismissed the Prime Minister and first Constituent Assembly of the Pakistan, he proclaimed emergency in the country on October 24, 1954 and said:

The Constituent Assembly has lost its credibility and has been unable to deliver the goods. The absolute right and power lies with the public and they will do the needful through their elected representatives including the solution of constituent issue.76

The fault of the defunct Assembly was that it had approved all the amendments, which were aimed to reduce the powers of the Governor General. Although, the advancement in the constituent process had been to a great extent; and the Prime Minister, Muhammad Ali Bogra had already announced that the compilation of the constitution was at his last stages, but the Governor General dismissed the assembly and the future of democracy became further gloomy in Pakistan. Great image was inflicted to democratic process through this step and the constituent process was once again interrupted. The Governor General could not tolerate the decline in his powers and for his personal interest put the country on stake. Keith Collard mentions in his analysis about the damages inflicted to the political and democratic process: “The consequences of night attack of the Governor General were extremely grave and in this process three significant traditions of parliamentary government were either destroyed or received irreparable loss. The most important tradition which was smashed was the impartiality of the Governor General.”77When Prime Minister Muhammad Ali Bogra returned to home, he was very much troubled rather

76The Daily Dawn, Karachi, October 25, 1954 77Keith Collard, p.220 27 frightened. An accord was determined between the Governor General and the Prime Minister and as a result the Governor General invited Muhammad Ali Bogra to form a new government. Furthermore, the leader of Krishak Sramik Party78, Abu Hussein Sarkar was also included in the cabinet. Some new ministers were also included along with the previous ministers. The new cabinet included Major General Sikander Mirza (1898-1969AD), Dr. Abdul Jabbar known as Khan Sahib (1894-1958Ad), and Commander-in-Chief of Pakistan Army, General Muhammad Ayub khan (1907- 1974AD), was appointed as Defense Minister and it was first instance of its kind in the Pakistani politics. After few months Hussain Suhrawardi, also joined the cabinet on his return to home and hence, in Pakistan the government servants began to take interest in the politics. In this way the entrance of the military and civil bureaucracy was leveled. This question was also circulating in some circles that when the Assembly has failed to achieve its objectives then it has no right to exist. The only function of the Constituent Assembly was to draft a constitution for the country, but the role it played during a period of seven years was very destructive for the country. Under this situation the Speaker of the defunct assembly, Molvi Tameezuddin Khan challenged the step of the Governor General in the Sind Chief Court. He adopted a stance that according to the Section 8 (Sub section-A) of the Indian Independence Act, the approval of the Governor General was not compulsory in the matter of legislation. Hence, the dismissal of the Assembly is against the law and unconstitutional. Sind Chief Court agreed with the legal point by Molvi Tameezuddin Khan and declared the measures of Governor General as unlawful, null and void in its ruling:

That the Constituent Assembly was a sovereign body and could not be dissolving unless it had completed the task for which it has been set up.79

This Judgment was favored all over the country, according to the Altaf Hussain Qurashi it was the happiest moment in the constituent life of the country. Moreover, the law and constitution achieved victory over unconstitutional dictatorship.80 Federal

78The Party initially called the Praja Party of the Bengal (Bengal Tenant Party) Formed in July 1929, it lasted until 1937. It was re-established in East Pakistan as Krishak Sramik Party (Workers and Agriculturalists Tenant Party). 79PLD 1955, FC 240 80Urdu Digest, Interview Molvi Tameezuddin Khan, Speaker Legislative Assembly, by Altaf Hussein Qurashi, Lahore, June 1954, p.18 28 government challenged it in to Federal Court, Justice. Munir said; under the Act of 1935, section: (8) the Constitution, gave his verdict in support of the Governor General: The Court, therefore, held that the Governor General was legally empowered to dissolve it under the Independence Act.81 The Federal Court declared the Governor General as fair and legal and presented this logic in its support that the Constituent Assembly had failed in legislation making and with the passage of time had adopted the non representative status. Federal Court abolished the Sind High Court verdict. The democratic institutions were inflicted irreparable loss with the decision. This decision became the fore runner of the constitutional crises in the politics. The dismissal of Constituent Assembly was the first ever incident occurred of its nature in the nations of South Asia. It was the darkest chapter of political history. The dictatorial and undemocratic step of Malik Ghulam Muhammad quivered the foundation of democracy in country. The path of the imposition of Martial Law had been leveled through the bankruptcy of democracy. Undoubtedly, the defunct assembly was the representative of the public and is true that it was not a part of any political electoral process. Its fault was delay in the making of constitutional draft, and after a long waiting period of seven years, it was possible to wait for some more months, while the government had declared that the constitution was in the last stages of its completion. However, the single person had no powers to dismiss the Assembly in this way. 1.4 Political System in Different Regimes 1947-1977

Constitution is the guarantor of the development of any society and without it the administration and management affairs of any state are not possible. Pakistan came into being as a sovereign state and the formation of its constitution was indispensible. However, unfortunately the legislative process remained the victim of slow going process. For the time being, the India Act of 1935, with some amendments was enforced. Anyhow, the compilation of a permanent constitution was mandatory. In this regard committees were constituted, and a number of formulas and proposals were also recommended but each one of these became the victim of contradiction. The other obstacles in the process of constitution were provincial autonomy and

81PLD 1955, FC 435

29 representation of various units. After a long period, the Prime Minister, Ch. Muhammad Ali (1899-1980AD), the first ever constitution was blessed to the country. For this big achievement Muhammad Ali worked with commitment and devotion and on March 23, 1956 the first Constitution of Pakistan was promulgated. After the dismissal of Constituent Assembly of Pakistan by the order of Federal Court, a new Legislative Assembly was constituted. The Federal Court mentioned in its verdict that the court fulfilled its responsibility of making a new assembly exactly in the same way as had been done in 1947. Furthermore, the Provincial Assemblies were also declared as electoral colleges, as these assemblies had to elect the representatives from their province according to their quota. The territories which without any Assembly were authorized to elected the representatives under the tribal system.82 Hence, in this way second Constituent Assembly came in to being and in the new Assembly the landed cabinet of Pakistan Muslim League and United Front was constituted. It was headed by Ch. Muhammad Ali. The first session of the Assembly was held on July 7, 1955. The democratic development entered in second phase with second Legislative Assembly of Pakistan. The members of this Assembly included total number of 80, in which 40 were from East Pakistan, 21 from Punjab, 5 from Sind, 4 from NWFP Province and 10 from other territories.83The man behind all the situations still existed on his rank of the Governor General and the compiling of the constitution in his presence was impossible. In this regard Ch. Muhammad Ali used his personal influence, convinced the Governor General, and he agreed to go on leave for some time. The mental condition of Malik Ghulam Muhammad was a source of concern for everyone. Ch. Muhammad Ali, who was a close friend of him, was successful in motivating the Governor General to avail two months leave and should sign a document in this connection. On August 6, 1955; Sikander Mirza (1899- 1969AD), was sworn in as the 4th Governor General of Pakistan. Later on P M took the oath. On September 19, 1955 the resignation of the Governor General was duly signed and dispatched to the Queen of England, conditionally that the implementation on this resignation would be applicable after the completion of period and along with the recommendation was also forwarded to regularize the acting Governor General. So with the oath taking of the new Governor General, Sikander Mirza and the new

82Surrender Singh,, The Constitutional Problems of Pakistan, The Indian Journal of Political Science, Vol.17, No.1, March 1956, p, 1-3 83G.W. Chudhary, Constitution: Making Dilemmas in Pakistan, The Western Political Quarter, Vol.8, No.4 December 1955, p. 5 30

Prime Minister now entered the new phase of Pakistani politics. The foremost and the basic issue for this government was the legislation and in this regard the major hurdle was the provincial autonomy and representation of various units. West Pakistan comprised of various units, hence, the both the parts of the country was not levels. The solution of this problem was sought as to unite the various units of West Pakistan in a single unit. In this regard Prime Minister Ch. Muhammad Ali, in a bid to take the public in confidence and addressed to the nation on Radio Pakistan on September 22, 1955, to level the East Pakistan and West Pakistan Provinces as par, One Unit would be created. After the initial action about the formation of one unit this Bill was approved by the Assembly as West Pakistan Establishment Bill 1955, on September 20, 1955. Just forty two votes were cast in the favor of Bill while thirteen went against this Bill.84 According to this Bill all Provinces of West Pakistan were abolished on October 14, 1955, while the divisions were kept intact. Anyhow, Nawab Mushtaq Ahmed Gurmani (1905-1981AD) was nominated as its first Governor, while Dr. Khan Sahib became the Chief Minister of West Pakistan. It was a general thinking that with the inception of one unit the provincial disputes would come to an end and the legislative process would become easier. Ch. Muhammad Ali gave priority to the legislation with sincerity, devotion and hard work. He consulted with the leaders of all political parties and convinced them on the constitutional proposals. After the emergence of one unit the legislative process became comfortable, but still there were many political complications. However, Ch. Muhammad Ali continued his efforts with dedication and after getting the One Unit Bill approved from the Assembly, he worked hard and soon presented the document of the constitution in the Assembly.85Ch. Muhammad Ali received the document of the constitution approved by party meeting on December 23, 1955. As per schedule programme presented it in the Constituent Assembly on January 15, 1956. The Select Committee discussed the document in detail. The Session continued up to mid night on February 29, the Speaker Abdul Wahab Khan (1955-58) announced the approval of the Bill. Later, Including Speaker and Members of the Assembly went to the Governor General in a procession and presented a copy of the Bill. Governor General endorsed it and finally it came into enforce on March 23, 1956. In this Constitution, all the Islamic Articles and the parliamentary system fulfilled the demand. Ch. Muhammad Ali had crossed a

84Leonard Binder, The New Constitution of Pakistan, Pakistan Horizon, Vol. 8 No. 2 , June 1956, p.3-5 85Ahmad Saleem, Ghulam Muhammad say Ghulam Ishaq Tak, Nigarishat, Lahore, 1997, p.206 31 great landmark in period of just six months. After nine years the masses adorned the constitution, it was the interpreter of their wishes and sentiments. After its promulgation, the last label of the slavery of the British Crown was removed; Islamic, social and political circles welcomed it. The national media termed this feat as a great leap in the field of politics. The newspapers, magazines and chronicles admired this achievement and also termed it a good omen for political and economic stability of country. The “Jang” interpreting the sentiments of the public mentioned that: “Eventually, that great feat was accomplished which was considered a big hurdle in the progress of Pakistan and a big stone in the prosperity and solidarity.86Due to the incompletion of the constitution, the politics was a victim of big crisis. The national economy faced a great threat and social and economic life was a prey of various entangles. Pakistan at last achieved success in conquering this dangerous problem and the constitution was finalized which was the guarantor of our national prosperity and solidarity. Hence, the struggle for power for the sake of constitution, the possession of maximum authority, political conspiracies and instability at last came to an end after a period of nine years. The disappointed nation welcomed the Constitution of 1956 in the era of conspiracies, for which they had been waiting for quite a long time. The Constitution of 1956 comprised of 234 Articles, 13 Chapters and 6 Schedules. The Objective Resolution was made the opening portion87. Parliamentary system of government was imposed through this constitution and the President was made the constitutional head of the state. His tenure was fixed for five years and he must be a Muslim. His minimum age was determined as 40 years and he should possess the capability of becoming a member of the Assembly. The members of the National Assembly would elect the President of Pakistan. The President would invite any member form the parliament who would possess support of the majority. Similarly, the Prime Minister would also be elected and he would nominate his cabinet. The Prime Minister would remain on his post, till he enjoyed the favor of the President. The principle of equality was retained in Constitution of 1956, the member of National Assembly was 300 and members from each province would be 150 each. In the constitution ten seats for women were fixed for the next ten years, to be equally distributed among the provinces. The Supreme Court possessed the power and the Chief justice would be its head, to be directly appointed by the President. Similarly,

86The Daily Jang, Karachi, March 23,1956 87 G.W. Chudhary, the Constitution of Pakistan, Pacific Affairs, vol. 29. No.3, September 1956, p. 4 32

High Courts were set up in the provinces and their judges would be appointed with mutual consultation of the Chief Justice, High Court and the corresponding held with Governors. Supreme Court possessed the power in disputes between Central Government and Provincial Govt. In short, after quite a long time at last Pakistan was blessed with its first proper constitution in which attempt was made to finish the prevailing situation of political and constitutional disorder in the country, the measures were adopted for the promotion of the survival of democratic institutions and democracy, with expectation of political and economic stability in the country. But the Constitution of 1956 also fails to bring political stability and the behavior of the West Pakistan politicians could not change. The organizer of the Constitution of 1956, very soon resigned on September 8, 1956, due to the disloyalty of his companions. Hussain Shaheed Suharwardi was nominated as Prime Minister, who possessed the experience of Chief Minister of United Bengal, and was the candidate of premiership after Ch. Muhammad Ali, the fate smiled on him very late and he was elected as the head of the blended “Awami League”88 and “Republican Party.”89 At the same time, Prime Minister Bogra was replaced by Chudhary Muhammad Ali as the leader of the Muslim League, United Front Coalition. A year later, he was replaced by H. S. Suhrawardi, the founder and head of the Awami League from East Pakistan. Again a year later, like the house of cards, he was replaced by I.I. Chundrigar who had remained in office only for55 days. He was then succeeded by Firoz Khan Noon who served as Prime Minister from December 1957 to October 1958 when the political power was finally seized by the military headed by General Ayub Khan. It is evident that country suffered a long period of political instability under a series of civilian leaderships. It was the misfortune of the nation that in these

88Awami League; The All Pakistan Awami Muslim League was founded in Dhaka, the former capital of the Pakistani province of East Bengal, in 1949 by Bengali nationalists Maulana Abdul Hamid Khan Bhashani, Yar Mohammad Khan, and later Hussein Shaheed Suhrawardi who went on to become Prime Minister of Pakistan. The Pakistan Awami Muslim League was established as the Bengali alternative to the domination of the Muslim League in Pakistan and over centralization of the government. The party quickly gained massive popular support in East Bengal, later named East Pakistan, and eventually led the forces of Bengali nationalism in the struggle against West Pakistan's military and political establishment. The party under the leadership of Sheikh Mujibur Rahman, the founding father of Bangladesh, would lead the struggle for independence, first through massive populist and civil disobedience movements, such as the Six Point Movement and 1971 Non- Cooperation Movement, and then during the Bangladesh Liberation War. 89Republican; The Pakistani Republican Party was formed in October 1955, by a breakaway faction of the Muslim League and other politicians supporting the creation of the West Pakistan province, on the instigation of key leaders in the military and civil service. The President of the party was Dr Khan Sahib, Chief Minister of West Pakistan. The Central Parliamentary Leader was Malik Sir Firoz Khan Noon, Prime Minister of Pakistan (1957 - 1958). 33 grave circumstances there was no popular or public leader who could control the deteriorated situation. The politicians were indulged in the greed for power. The phase of the parliamentary democracy was the era of political instability. At that time the country could not get political or economic stability. Instead the social evils like bribery, corruption, smuggling, permit for wine and hoarding got deep rooted. In these circumstances the elections were the only solution, no one prime minister got the opportunity to conduct free and fair elections. Hence, President of Pakistan overturned the table of Constitution and democracy, this political instability led to the declaration of Martial law by President Sikander Mirza on October 7, 1958. On the advice of the military, the President abrogated the Constitution; dissolved the central and provincial assemblies; banned political parties and appointed General Ayub Khan as the Supreme Commander of the Armed Forces.

Twenty days later, on October 27, the generals forced Mirza out of power, and exiled him to London. It was a bloodless coup which Pakistanis welcomed with a sigh of relief after having been disillusioned with the unsavory performance of the politicians.90 Sikander Mirza said there was a ruthless struggle for power, corruption, shameful exploitation of simple, honest, patriotic and industrious masses, and lack of decorum and prostitution of Islam for political ends. Adventures and exploiters were flourishing. Threats of civil disobedience had been made and fragmentation of West Pakistan was also aimed at. Foreign Policy was irresponsibly criticized from selfish point of view. The president’s efforts for democracy were described as “palace intrigues” and it had become a fashion to blame president for everything, so much, it was the fault of the president, and if it did not rain, it was the fault of president.91 However, Ayub Khan said:

The country was facing total destruction and its solidarity was also in danger. If we had allowed the present unrest and anarchy to continue, then the history would never have forgiven us.92

In this way he tried to justify his action, the Constitution of 1956 was also abolished, which was compiled with strenuous efforts. It could not deliver goods for more than

90 Rathnam Indurthy, The Fragility of Democracy in Pakistan: the Military as the Root Cause, The Indian Journal of Political Science, Vol. 52, No. 3 ,July - Sept., 1991, p. 8 91G.W. Chudhary, Constitutional Development in Pakistan, London, 1969, p.46 92 Wilcox, A. Wayne, The Pakistan Coup d’état of 1958, journal of Pacific Affairs, 1965, Vol. 38, No. 2, 1965, p.3-4 34 two and half years and was abolished by Martial Law 1958. The country was once again became constitution less. For the formulation of new constitution and dig out the causes about the failure of democracy in country; a Commission was constituted under the Justice Shahabuddin (1930-1999). The Commission submitted the report on May 6, 1961. The major reasons for the failure of democratic process in the country, lack of popular and patriotic leadership, none existence of popular political parties, honesty and sincerity was recommended.93 In 1962, the detail of Constitution was being presented, Justice. Shahab-ud-din claimed he has no link with the proposals and reforms of the Report. Later, the Report was reviewed by another committee. The President constituted a seven member committee; it presented the recommendations on October 30, 1961. In this way, the new constitution was enforced on March 1st, 1962, The President promulgated the Constitution and eliminated the Martial Law and restore the democracy. The Constitution comprised of 250 Articles, 5 Indexes and 8 Schedules.94 In this Constitution the centre of the authority was only President and he was elected by Basic Democracies Members (BDM). While, 3/4 majority of the National Assembly could remove him. The President possessed powers to appoint all administrative and political posts. The President also possessed unlimited powers in the legislative process. He could impose the Emergency and Ordinances. The President could nominate the ministers and they are answerable to him. According to the Constitution of 1962, the Federal Parliament comprises of the President and the National Assembly. The total members of National Assembly were 156. There were six seats reserved for women.95 These seats were distributed on equal terms. Anyhow, later on, the total number of members was raised to 218. The National assembly could legislate about federal matters of the country along with the provincial affairs. Similarly, in the provinces the Provincial Assembly was created which comprised of provincial governors and assemblies. The role of the governors was similar to the president in the centre. Ayub Khan enforced the Constitution in March 1962. Hence, in a span of short time, the second Constitution of Pakistan was promulgated. According to new Constitution, Pakistan was named as a Republic instead of Islamic Republic of Pakistan, but after strong public resentment the Islamic Republic was

93G. W. Chudhary, Democracy on Trial in Pakistan, Middle East Journal, Vol. 17, No. 1/2 winter 1963, p. 1-3 94J.S. Bains, Some Thoughts on Pakistan New Constitution, The Indian Journal of Political Science, Vol.23, No.1/4December 1962, p, 2-4 95G.W. Chudhary, Constitutional Development in Pakistan, p.55 35 restored. The major characteristic of this constitution was based on Presidential System, while the previous constitution was parliamentary.96 The procedure adopted for the compilation of this constitution was contrary to the democratic principles and was prepared by the nominated persons of the president. It is obvious that they were neither elected nor they enjoyed public support, rather they never desired to get public support and due to this deficiency in democratic thinking was produced. It seemed that this constitution was imposed on Pakistani public by some foreign power. Unlimited powers were accorded to the President and the powers of National assembly were restricted. This aspect was against the demands of parliamentary democracy, which became the cause of the birth of a dictator. About seven amendments were made in the constitution and it was en forced for seven years. General Yahya Khan (1917-1980), assumed as Chief Martial Law Administrator and President of the Pakistan on March 25, 1969. Hence, he announced the democratic framework for the country after one year in the government, and according to this framework the country’s affairs had to be run. This notification was known as, “Legal Framework Order 1970”,97 or it is also called as the Interim Constitution 1970. In the regime of Yahya Khan the legislation and other basic issues such as provincial autonomy and proportionate representation according to population again were raised. Simultaneously, the dissolution of One Unit was also a great demand. On March 30, 1970, General Yahya said: that the “One Unit” would be disbanded much before the elections.98 On public demand Yahya Khan abolished “One Unit” and restored the provincial status of all the provinces. Regarding legislation Yahya Khan constituted a legislative formula, which is popularly known as Legal Framework Order. The LFO

96 Richard wheeler, Pakistan: New Constitution, Old Issues, Asian Survey,Vol.3, No.2, A Survey of Asian in 1962, February 1963, p. 10 97Lawrence Ziring, Militarism in Pakistan: The Yahya Khan Interregnum, Asian affairs, Vol. 1, No, 6July- August 1974, p, 4 LFO On March 31, 1970 General Yahiya announced the Legal Framework Order (LFO), which called for direct elections for a unicameral legislature, the National Assembly of Pakistan. The LFO decreed that the assembly would be composed of 300 seats. Departing from the precedent of the 1956 Constitution of Pakistan, which stipulated for parity between the two wings, the LFO called for proportional representation, giving the more populous East Pakistan 162 seats in turn for West Pakistan's 138. The LFO stipulated that the National Assembly would have to create a new constitution for the state of Pakistan within 120 days of being convened, but left the rules of the process in the hands of the new assembly to come. New elections would be called if the Assembly failed to come to an agreement in 120 days. The LFO also dissolved the "One Unit scheme", which had combined the four provinces of the western wing to constitute the political unit of West Pakistan. 98Susheela Kaushik, Constitution of Pakistan at Work, Asian Survey, Vol. 3, No. 8, August 1963, p. 3-5

36 consists of 27 basic Articles and 3 Schedules. In the first Schedule the division of the seats of National Assembly and its procedure was described. The 2nd Schedule was about the division of Provincial Assembly Seats, while the 3rd Schedule included Rules of Procedure with 48 Sections.99 It was a Presidential type of constitution and The Objectives Resolution was not included in it.100 The Interim Constitution was designed to protect the Federal Parliamentary system and Islamic ideology. The freedom of Judiciary, protection of basic rights, provincial autonomy and religious and cultural freedom to the minorities was also pledged. It was also guaranteed that no law would be formed contrary to the Holy Quran and Sunnah and special arrangements would be made with reference to Islamic teachings. The worth mentioning fact, in this LFO was that when the legislative Assembly would be completed under the National Assembly, then the Provincial Assemblies election would be held. Furthermore, the National Assembly would complete the document of constitution within 120 days of its commencement. If this task was not accomplished then the National Assemble would be considered defunct. The National Assembly was also asked to check the economic difference among the various provinces of the country. According to LFO, the President must be Muslim; seats were proposed in National Assembly 169, seats allocated for East Pakistan and 144 for West Pakistan. Legal Framework Order, remained enforce in the country for two years and one month. Yahya Khan said the first General Elections were going be held on Adult Franchise in the country on October 5, 1970 on the basis of “One Man One Vote”.101 The heavy floods in East Pakistan forced the elections to be postponed for a period of two months by the Election Commission of Pakistan. The new dates for the National and Provincial Assemblies were fixed as December 7 and 17, 1970, respectively. In East Pakistan (present-day Bangladesh), widespread grievances over the unequal distribution of economic and political resources had galvanized a popular movement for provincial autonomy under Sheikh Mujeeb’s Awami League. Isolated and unable to control the rising tide of resistance to his authority, Ayub handed over power to General Yahya Khan who called for Pakistan’s first General Elections in 1970. While the Pakistan People’s Party (PPP) scored a convincing victory in West Pakistan, the

99Hamid Khan, The Constitutional & Political History of Pakistan, Karachi, 1996,p.412 100G.W. Chudhary, Constitutional Development in Pakistan, p.99 101Pasha, Ahmad Sujah, Pakistan: A Political Profile1947-88, Lahore, 1991,p.197

Awami League swept the polls in East Pakistan. Unwilling to transfer state power to civilian politicians, much less to the majority Bengalis, Yahya dispatched the army to crush the popular opposition in East Pakistan. A bloody civil war ensued and India intervened, ultimately paving the way for East Pakistan’s secession from Pakistan in December 1971. Transition to civilian rule proved short lived. As per the result of polls, Awami League achieved 167 seats from East Pakistan and West Pakistan Province, PPP wins 85 seats. Hence, these two parties got majority but not nationwide both failed to be parties of national level. Awami League and PPP appeared to be the popular parties of their respective wings which inflicted great damage to the national solidarity. When the phase of transfer of power came the atmosphere of political tension was at its peak. No formula of the transfer of power or reconciliation could be determined. Therefore, behind these factors, a separatist movement was initiated. India was practically involved and ultimately with Indian support East Pakistan Province was converted into Bangladesh. Later on, Yahya Khan transferred the power to, Zulfiqar Ali Bhutto (1928-1979), on December 20, 1971. The new government faced the reconstruction of the nation and in addition the challenge of a new constitution. Zulfiqar Ali Bhutto took charge as President and Chief Martial Law Administrator, he announced Governors for the remaining Provinces Heyat Khan Sher Pao (1937-75) for North Western Frontier Province, Mumtaz Bhutto (1933-) for Sind and Ghulam Mustafa Khar (1937-) for Punjab. He also announced his cabinet comprising of Jalaluddin Abdul Rahim (1905-77), Ghulam Mustafa Jatoi (1931- 2009), Malik Meraj Khalid (1916-2003), Mehmud Ali Kasuri (1910-96), Justice. Faizullah, Abdul Hafeez Pirzada (b1941-2015), Raja Muhammad Hanif, Raja Tridev Roy (1933-2012) and Sheikh Muhammad Rashid (1917-2002). Bhutto took practical measures about economy, defense, political and Islamic. Bhutto specially focused on constitution. In order to fill the vacuum, he immediately formed an Interim Constitution, that was approved by the National Assembly on April 14, 1972 and with its Promulgation on April 21, 1972, the Martial Law was lifted. Bhutto once again took oath as President of Pakistan and left the post of CMLA. The Interim Constitution of Pakistan 1972 comprises of 295 Articles, 12 Chapters and 7 Schedules.102 The Objectives Resolution was made the preface. It was also a Presidential type of constitution, in which the powers of Prime Minister and President

102Hamid Khan, p. 425 38 were accumulated in the personality of the president. However, in Provinces the Chief Ministers along with the Governors were also accorded power. It was made imperative for the ministers to be the members of the Assembly according to this constitution, however, if any minister was nominated other than the member of assembly, then he would have to get himself elected as member of Assembly within one year of his nomination. The basic rights were also included in this constitution as previous legislatures. A Supreme Court on the federal level and High Courts on provincial levels were also composed. Furthermore, in this constitution the accumulation of wealth and the economic protection to the public were also assured. It was also mentioned in it that to bring country’s laws in accordance with the Islamic Laws, Islamic Advisory Council would be established. Moreover, there would be complete restriction on the racial discrimination, provincial prejudice and publishing or distribution of obscene matter. It is worth mentioning that in this document it was also claimed that efforts would be made for keeping peace in the world. This constitution is considered to be the longest constitution and was enforced in Pakistan for continuous period of sixteen months. 1.5 The Constitution of Pakistan 1973 and Amendments

The Constitution of any country is the name of a legal document for the collective institutions of a nation. The structuring of a constitution for an ideological country like Pakistan was not an easy task and a country with a basic slogan of “LAILLAHA ILLALLAHU” (there is no Lord but Allah) and which had an Islamic ideology as its basis of life. The geographical boundaries, language and race with the adorning of provincial discrimination and culture with contrary to each other had apparently no natural affiliation, but the Muslims of India got united on one belief of Islam and the result of this factor appeared as Pakistan on the map of the world. After December 1971, the nation was victim of disappointment. Thus, Zulfiqar Ali Bhutto came into power and nation was suffered in heinous problems, it seemed that journey from 1947 has again commenced. Bhutto tried to restore the shattered confidence of the nation. Bhutto adopted practical measures with reference to the constituent process; hence, he constituted a 25 member committee under Mehmud Ali Kasuri (1910-96AD) on April 17th, 1972 and it was strictly advised the committee to compile the Constitution by August 1973. The Committee exerted a great deal and presented the document in

National Assembly on December 20, 1972.There was a prolonged discussion over the Bill from February 10, to April 7, 1973; eventually this Bill was approved by the National Assembly on April 10, 1973. Finally, on April 22, the Bill was approved by the President and was enforced from August 14, 1973.

It was third Constitution which was blessed to the nation in 26 years after independence. Z. A. Bhutto, sworn in as Prime Minister, it is worth appreciation for Bhutto that he compiled a unanimous constitution with the co-ordination of all political parties. The Constitution of Pakistan 1973 comprises of 280 Articles, 12 Chapters and 7 Schedules.103 According to the Constitution, Pakistan is a Federation Unit and its all Provinces are the part of the Federation. The benefit has been taken from the Constitutions of the Spain, Britain, France and Indian.104The Constitution starts with a foreword statement which is called a preface or Preamble. In the Constitution of 1973, The Objectives Resolution is one of the basic principles of the Constitution. The Chapter II is about the protection of the basic rights of the minorities. In Constitution, all citizens including minorities possess basic rights and only in the wake of emergency their basic rights can be suspended and the emergency would be declared by the President. Chapter III deal with the functions of the Federal Government and its formation has been explained. Baluchistan, North Western Frontier Province, Punjab and Sind are four Units are part of the Federation. Moreover, Capital Islamabad and Federally Administered Tribal Areas are also included. Hence, in chapter IV and V the Constitutional Authorities of the Provinces have been explained, Sovereignty of the Provinces has been accorded. However, the Provincial Assemblies cannot do any legislation against the Federation. Hence, the mutual relations of Federal and Provinces have been given importance. Chapter VI deals about financial affairs, property and the mutual accords that how the financial matters between the centre and provinces are managed. The Chapter VII comprises of the freedom of judiciary. The Constitution emphasized the guarantees for the freedom of Judiciary. The appointment of judges in Supreme and High Courts define and describe in detailed. The Chapter VIII focuses the procedure of the elections, the

103Amin, Tahir, “1977 Coup D’état in Pakistan”, Journal of History and Culture, Vol.XXVIII, No.2, 2007, p.4-6 104 G. W. Chudhary, New Pakistan’s Constitution, Middle East Journal, Vol. 28 No. 1, Winter 1974, p. 8-10

40 election from Councilor to Provincial and National Assembly, Speaker, Prime Minister and the President of Pakistan has been explained. The Chapter IX comprises of Islamic Jurisprudence. The name of the country has been as The Islamic Republic of Pakistan. Allah the Almighty has been recognized as the only Supreme Power and Authority. The Official Religion of the State was declared Islam. All the laws would be drafted in the light of the Holy Quran and Sunnah. The President and Prime Minister should be Muslims only. The Chapter X is about the Emergency Authorities mentioned. During Emergency, the working jurisdiction of the Federal Government would be further extended. If the Federal Government considered that the Administration of Province has gone out of control thus the President, would Proclaim Emergency. The Chapter XI defined the procedure of the amendments in the constitution. The Constitution of 1973 is neither rigid nor flexible so it is a semi mighty Constitution. The Chapter XII deals with multiple miscellaneous matters of the State have been stated. It was great achievement of Bhutto, in spite of many hurdles; he gave a unanimous constitution to the nation. Bhutto tried its utmost to avoid collision with the religious parties; it was collective wisdom to solve the issues with mutual collaboration, while some religious parties were desirous of given it an Islamic flair according to their beliefs. It is also worth admiring that it was compiled who were for the first time elected directly by the public votes. This constitution was the reflection of the desires of the nation.

According to the Constitution, the President is as a Constitutional Head, it is the demand of parliamentary traditions. The unbalanced division of powers had become tales of the past but in contrary Constitution, President worked on the advice of the Prime Minister. Eventually, the Armed Forces are under the control of the Prime Minister and only he is authorized for top appointments. According to the Article 248, the Prime Minister enjoys these privileges and not answerable to any court about his duties. In the light of these facts the Prime Minister possesses unlimited authority and there is no check on him. The Opposition warned that if the circumstances gone out of control, so there is no capacity in constitution to combat with the critical situation. Pakistan National Alliance (PNA) said if there was a safety valve in the constitution then the country would not suffer the Martial Law. 105After 1985, the situation was

105Dr. Aamir Ali, Non-Party based General Election of 1985: Causes and Effects, International Conference on Social Science and Humanity, Singapore, IPEDR Vol. 5, 2011, p. 4 41 entirely changed, Constitution of 1973, which was moderate and progressive and represented the desires of the public that changed into a Constitution of 1985. No one constitution of the world is complete and perfect, but to the demand of circumstances the legislature procedures continued to be formulated. Although, there was a vacuum in the Constitutions of 1956 and 1962, these constitutions were made in urgency. The Constitution of 1956 was abolished by Ayub Khan and introduced new constitution in 1962. Soon six Amendments were done by Ayub Khan; it was extremely inflexible constitution, as all powers rotate around the President.

Whenever, the Constitution requires amendment to cater the need of the country, this constitution could not fulfill the country’s needs; there was a tough legislature system. Yahya Khan cancelled the Constitution after the practice of seven years in country. The Constitution of 1973 was being compiled then the political experts also called it a result of impulsiveness as less time was spent in the compilation. Hence, it is implemented; very soon country’s political needs the amendments became indispensible. Bhutto government kept the previous traditions intact from August 14, 1973 to July 5, 1977, made seven Amendments in the Constitution.106 Later, governments continued to make amendments according to the demand and needs of country. Sixteen Amendments have been done since its inception till 1999.The Constitution of any nation is the interpreted of the national thinking and the guarantor of the civic rights of the nation. The Constitution holds the collective comprehension. It was a good omen that all the provinces and political parties acknowledged it unanimously. If the good intentions had been applied then this constitution would have been very cooperative in the country’s development and stability. Anyhow, the personal desire to grab the powers reshaped its basic features and put it on the path of amendments. The sequence is still continued which has badly affected the political, social and economic image of the country.

106 For details see the Appendix -I P. 288 42

Chapter 2 Political Scenario in Zia-ul-Haq Regime: 1977-81

2.1General Zia-ul-Haq’s Biography Muhammad Zia-ul-Haq was born in the outskirts of Jullundur city of India, in Basti Sheikh Dervish on August 12, 1924, in a middle class religious Arian family. His father Muhammad Akbar was a clerk of British Army, Zia get education at Saint Stephen College, Delhi. On May 12, 1943, he got commissioned and appointed at 13th Lancer Regiment. At the end of the World War II (1939-1945), he served the British Army at Burma, Malaya and Java. After Independence, Zia-ul-Haq was posted as Major Armored Corps Centre at Nowshera (NWFP) now, Khyber Pakhtunkhwa, Pakistan. In August 1950, Zia-ul-Haq married with his cousin Shafiqa Jahan (1930- 1996). Zia-ul-Haq has two sons, Ejaz-ul-Haq and Anwar-ul-Haq, and three daughters, Rubina, Quart-ul-Aain and the youngest was Zain. During Indo-Pak War 1965 he served as Tank Commander, later he was promoted as Lt. Colonel and as Colonel. In 1969, as Brigadier he appointed at the Commander of 9thArmored Brigade. In the meanwhile, Zia-ul-Haq left for Jordan on deputations where he completed operation “Black September”1. King Shah Hussain (1935-1999), of Jordan awarded him the highest military award of Jordan. In 1972, he back to home, and promoted as Lieutenant General 1stArmored Division Multan1972-75. Prime Minister Zulfiqar Ali Bhutto (1928-1979) was invited as official guest, so the first time General Zia-ul-Haq met with Bhutto and his wife Nusrat Bhutto (1930-2010). They were much impressed with the hospitality and humanity of Lt. General Zia-ul-Haq.2 A period of six months was left in the retirement of COAS Tikka Khan (1915-2002), while Bhutto has started mutual consultation for the new Army Chief. Kausar Niazi (1934-1994) mentioned Mr. Blatti diplomatic officer, of the US Embassy shared with Air Chief Marshal, Zulfiqar Ali Khan (1930-2005), Zia-ul-Haq would be the expected Army Chief.3This disclosure was thought to be vicious at that time, because as according to the seniority

1The term Black September was a Jordanian Civil War that began in September 1970 and ended in July of 1971 The conflict was between the two major components of the Jordanian population, the Palestine Liberation Organization (PLO) under the leadership of Yasser Arafat and the native Jordanians represented by the Jordanian Armed Forces under the leadership of King Hussein. On 15 September, King Hussein appointed Field Marshal Habis al Majali commander in chief of the armed forces and declared martial law. The head of a Pakistani training mission to Jordan, Brigadier Muhammad Zia-ul- Haq , played a key role in planning the offensives. 2Niazi, Maulana Kausar, Aur Line Kat Gai, Jung Publisher, Lahore, 1988, p. 14 3Ibid., p. 24 43 list General Zia was a junior most office, so Air Chief Marshal Zulfiqar did not take it seriously. However, when Zia-ul-Haq was appointed as COAS, Air Chief Marshal was extremely shocked.

On March 1, 1976, Prime Minister, Zulfiqar Ali Bhutto surprised everyone by nominating Lt. General Zia-ul-Haq as Chief of the Army Staff. Including General Tikka Khan, Chief of Army Staff, Lt. General, Muhammad Sharif, Lt. General, Muhammad Akbar Khan, Lt. General, Aftab Ahmed Khan, Lt. General, Azmat Bax Awan, Lt. General, Agha Ibrahim Akram, Lt. General, Ghulam Jillani Khan and Lt. General, Zia-ul-Haq himself. Bhutto selected a junior most General for the post of COAS and applied his special authority to nominate General Muhammad Sharif as Chairman Joint Chief of Staff Committee, but the time proved that Bhutto’s selection was wrong. Brigadier Irshad Tirmizi mentioned that the selection of Zia-ul-Haq as Army Chief was not routine matter; there were some certain factors, which motivated Bhutto, as out of 21 army rebellions against Bhutto, 15 were Court Marshaled by Zia- ul-Haq from 1971 to 1976.4 Furthermore, the humanity and humbleness of General Zia-ul-Haq were obvious which influenced and inspired Bhutto very much; he became the victim of this coquetry. PPP and PNA leadership proved incapable of resolving the deadlock, General Zia ul-Haq, staged a coup on July 5, 1977, by “Operation Fair Play” and imposed 3rd. Martial Law. Later, Bhutto was trial for murder of a political opponent and found guilty; he was hanged on April 4, 1979. Zia stated that he had taken action only in order to hold new elections for National and Provincial Assemblies within ninety days. The nation expected that a new free and fair poll would take place. It did not. Zia cancelled the elections because, he said, it was his responsibility first to carry out a program of accountability; he had unexpectedly found irregularities in the previous regime. As a result, a number of white papers on topics ranging from fraud in the 1977 elections, to abuses by the Federal Security Force. Zia banned all political activity, although political parties were not banned. The same month, some 200 journalists were arrested, and a number of newspapers were shut down. Zia, however, maintained that there would be elections of LGS in 1979. PNA member, Jamat-e-Islami and the Pakistan Muslim League, joined Zia’s cabinet as he tried to give impression of civilian government. But suppression of the PPP continued at times Nusrat, and her daughter, Benazir,

4Tirmizi, Irshad Hussain, Hausas Adarey, Zahid Basher Publishers, Lahore, 2004, p, 71 44 were placed under house arrest or jailed. Elections for local bodies were held in September 1979 on a nonparty basis, a system Zia continued in the 1985 National and Provincial Elections. Many of those elected locally identified themselves as Awami Dost a designation well known as a synonym for the PPP. Zia announced National and Provincial Elections on November 17 and 20, 1979, respectively, but these too were also cancelled. Many thought that the showing of the Awami Dost made him fear that a substantial number of PPP sympathizers would be elected. As further restrictions were placed on political activity, parties were also banned. The other significant events included Local Bodies Elections on the basis of democratic philosophy of General Zia-ul-Haq, LGS1979, PCO1981, Referendum 1984, Party Less Elections, 1985, hostage Parliament, 8th Amendment and the Dismissal of Junejo’s Government. On the external front, the country was faced big threats, included the momentous Afghan War, convincing defeat of Soviet Union. Pakistan’s nuclear programme, confrontation with India, Khalistan Movement,5the hospitality of four million Afghan refugees, the retrieval of Russian forces according to the Geneva Accord6. In domestic politics, the MRD Movement, Benazir Bhutto’s return to home and criticism of the media at international and national level. As per theme, we will only encircle the national politics of Zia-ul-Haq. The Bhutto Government comprises

5The Khalistan Movement is a political movement, which seeks to create a separate country in the Punjab region of South Asia. The territorial definition of the proposed country ranges from the Punjab state of India to the greater Punjab region, including the neighboring Indian states. The Punjab region has been the traditional homeland for the Sikhs. Before its conquest by the British, it had been ruled by the Sikhs for 82 years; the Sikh ruled over the entire Punjab from 1767 to 1799, till their confederacy was unified into the Sikh Empire by Maharajah Ranjeet Singh. However, the region also has a substantial number of Hindus and Muslims, and before 1947, the Sikhs formed the largest religious group only in the Ludhiana district of the British province. When the Muslim League demanded a separate country for Muslims via the Lahore Resolution of 1940, a section of Sikh leaders grew concerned that their community would be left without any homeland following the partition of India between the Hindus and the Muslims. They put forward the idea of Khalistan, envisaging it as a theocratic state covering the greater Punjab region. 6 The Geneva Accords, as the agreements on the settlement of the situation relating to the Afghanistan, were signed on April 14,1988, United Nations, between Afghanistan and Pakistan, with the United States and the Soviet Union serving as guarantors. The Accords consisted of several instruments: a bilateral agreement between the Islamic Republic of Pakistan and the Republic of Afghanistan on the principle of mutual relations, in particular on non-interference and non-intervention; a declaration on international guarantees, signed by the USSR and the United States; a bilateral agreement between Pakistan and Afghanistan on the voluntary return of Afghan refugees; and an agreement on the interrelationships for the settlement of the situation relating to Afghanistan, signed by Pakistan and Afghanistan and witnessed by the Soviet Union and the United States. The agreements also contained provisions for the timetable of the withdrawal of Soviet troops from Afghanistan. It officially began on 15 May 1988 and ended by 15 February 1989, thus putting an end to a nine-year-long Soviet occupation and Soviet war in Afghanistan.

45 of two periods. First, from December 20, 1971 to August 14, 1973, as President of Pakistan and second from August 14, 1973 to July 4, 1977, as Prime Minister of Pakistan. Undoubtedly, Bhutto adopted revolutionary measures to stabilize the country. Pakistan was facing numerous issues and external threats. In spite of being public and democratic, Bhutto possessed authoritarian qualities in his personality. The incidents of silencing his opponents in his rule are the worst examples of dictatorship. Bhutto declared elections of National Assembly and Provincial Assemblies on 7th. and 10th. March 1977 respectively, which was proved to be a political blunder. Bhutto had predicted that under the prevailing circumstances the winning of elections would be easier as there was no organized opposition in the country. There is only United Democratic Front (UDF), which was also inactive; hence, the victory of PPP was beyond any doubt in elections but all the observers proved wrong. Pakistan’s political history is witness that such blemishes were committed by the democratic government, which provided opportunities to the undemocratic military governments and the democratic process was inflicted great damage and the Pakistan’s 70 years existence; 35 years were ruled by the military man. The undemocratic change in 1977 was also a reflection of the same factor. By start of 1977, Bhutto declared before time election; the Opposition parties formed a political alliance Pakistan National Alliance. PNA comprised of nine political parties and public call them as nine stars, and during the elections, the religious factor of Tehreek-e-Nizam-e-Mustafa (SAW) was added. The major leaders of the political front were Maulana Mufti Mehmud(1919-1980) and Maulana Abu A’ala Maudoodi(1903-1979). The other leaders included Air Marshal (R)Asghar Khan(1921-b), Nawabzada Nasrullah Khan(1916-2003), Pir Sahib of Pagaroo (1930-2012), Professor Ghafoor Ahmed(1927-2012), Maulana Shah Ahmed Noorani(1926-1913), Wali Khan(1917-2006), Chudhary Zahoor Elahi(1923-1981), and Begum Nasim Wali Khan (1949-b) were the prominent political personalities. It is a historical fact that during the Bhutto government a number of reforms were introduced for the development of the country. However, regarding greed for power and for prolonging his rule, Bhutto was no less than a dictator. Due to negative policies and to combined powers in single office, political differences have been produced in his party too. On the other side, the public was badly suffering due to high cost of living. The inflation was touching the new heights. The deteriorating situation of law and order and the murders of some important personalities had already created hatred among the people against Bhutto. About the governess style of 46

Bhutto, propaganda had been initiated against him, during the elections that he would the rigged the election results. The bitterness was produced in election campaign and the propaganda of rigging the elections was accelerated. In the elections of 1977, PPP’s symbol was “Sword” while PNA was contesting the election with “Plough” as their election symbol. The opposition parties put the allegation of worst ever rigging on the PPP Government as on 7th and 10th March 1977, the National and Provincial elections were held respectively. The Sword achieved outstanding superiority according to the results. Hence, PNA boycotted the Provincial poll and due to this factor, PPP got a walk over.

Kausar Niazi said after elections I was sitting besides Bhutto and Hafeez Pirzada and PNA was the talk of the day. Bhutto asked to Hafeez Pirzada about the number of disputed seats. Hafeez replied that the disputed seats between 30/40. Bhutto said that his government would conduct By Election. He advised Hafeez Pirzada to hold a dialogue with the Opposition and said PPP would not nominate its candidate on these seats. Then he asked, whether the PNA be happy on the decision? Kausar Niazi gave the details of the “Operation Victory”7 and further said Bhutto wished to need two third majority to govern the country smoothly.8 While, 19 candidates of PPP had been elected unopposed in polls. PPP achieved mysterious victory and the PNA got seats much below as per expectations. PNA rejected the results and announced to launch a protest movement. The PNA compiled their strategy on March 12, and launched the Anti Bhutto Movement on 14 March. In Friday strike 28 persons were died in this protest.9 On March 13, PNA sent a letter to Bhutto and demanded the holds of fresh elections. Election Commission of Pakistan published the gazette, President, Fazal Elahi Chudhary (1904-1982AD), summoned the National Assembly’s session on 20 March. This decision was unacceptable for PNA and the process of protest further enhanced. On March 28, Zulfiqar Ali Bhutto took the oath as Prime Minister and simultaneously, invited the Opposition Parties for dialogues. The process of Provincial Assemblies was completed on April 3, 1977, in the Baluchistan, 6th in Khyber Pakhtunkhwa, KPK) 9th April in Punjab and on 10th April in Sind. Bhutto

7Maulana Kausar Niazi mentioned about Operation Victory & Larkana Plan, that Mr. Bhutto was too much keen to get two / third majority in the parliament in the election of 1977, so declared it Operation Victory & Larkana Plan, p. 61 8Afridi, Javed Ahmad, Operation Fair Play, Shabeel Publishers, Karachi, 1985, p.49 9Afshan Arshad “Pakistan ki Siasat Mai Adaro ka Kirdar 1977-90”, Unpublished Thesis M. Phil, The Islamia University of Bahawalpur, p. 56 47 himself participated himself to supervised the formation of the Provincial Assemblies. Later on, the governments started the crackdown for the arrests of PNA leaders. In this way, the circumstances became worse to worst. The Armed Forces were closely monitoring the critical situation. The first contact between government and PNA was through a letter.10 They demanded the immediate resignation of Prime Minister, and reconstitution the election commission and fresh elections under the supervision of the army and judiciary.11 On 27 April, the Armed Forces announced their support for Bhutto and wrote a historical letter to General Zia-ul- Haq, in which the role of army, its patriotism, impartiality and sense of responsibility was lauded.12 On the behalf of support, Bhutto invited opposition to conduct a referendum on the matter of election,13 but it was rejected by the Opposition. On May 4th, Air Marshal(R) Asghar Khan wrote a letter to the Chairman Joint Chiefs of Staff Committee and stressed on the solidarity and defense of Pakistan and said the government employee must served the nation, not to the personalities.14 Later, the movement produced extremism in the countrywide protest rallies. The violation of curfew and Section 144 became a matter of routine, to damage to the state property was declared a national duty. The government adopted strict policy on the arrests of PNA leaders and allegations of terrorism and intimidation were leveled against them. According to Professor Ghafoor Ahmad, about 1000 persons achieved martyrdom and about one hundred thousand persons were put in the prisons in this movement.15 At the peak of the movement a journalist asked Mufti Mehmud about the Tehreek-e-Nizam-e-Mustafa (SAW) movement was sponsored by foreign aid and an amount of Rs 250 million have been allocated for this purpose. Mufti Mehmud replied the amount had yet not been received by him because Mr. Bhutto might have snatched these on their way.16 In prevailing circumstances, the Supreme Court orders to release PNA leaders and in this way some bitterness on both the sides was reduced. Mr. Bhutto anticipated the threat of coming days. He intended to seek the public opinion directly through referendum

10Ghafoor Ahmad, Aur Election Na ho Sakey, Lahore, p.123 11Lawrence Ziring, Pakistan in the Twentieth Century: A Political Study, Oxford University Press, Karachi, 1997, p.254 12Mehrunnisa Ali, Aftermath of the March 1977 Election, Pakistan Horizon, Vol. 3, No. ¾ Quarter1977, p. 7 13The Daily Jung, April 17, 1977 14Omar Noman, Pakistan’s Political Economic History Since 1947, London, 1988, p. 214 15The Daily Dawn, Lahore, March 31, 1977 16M. Ismail “Pakistan Mai Jmahoori Nizam Aik Tajziati Jaiza”, Unpublished Thesis M. Phil, The Islamia University of Bahawalpur, p. 46 48 in country. The bilateral dialogues starts with the PNA, hence, the news of the success of the dialogues came, then Bhutto changed the programme to conduct a referendum through 7thAmendment in the Constitution vide Constitutional Article 96-A17. Earlier, the demands of PNA had been rejected by Bhutto; he offered that the country would break up due to fresh elections so he is ready to hold a referendum. However, the PNA discarded Bhutto’s offer. So, delay in dialogues and no outcome of this activity, the Commanders made a plan to take over. In this regard, several meetings of the Army Commanders held. Unfortunately, when the dialogues between PPP and PNA reached an ultimate stage then the military command had also reached the last resort to implement their plan.

Final dialogues were initiated by the end of June, and the services of Saudi Arabian Ambassador, Sheikh Riaz along with other foreign diplomats were available.18 Bhutto in an interviewed said he enjoyed two third majorities and he has authority to control the prevailing situation, if it required he would not hesitate to use power.19 On June 12, in Corps Commander Meeting, Bhutto was feared with public protest, he exposed that the police was cooperating with the public and providing juice and other facilities. While, the Judiciary released the accused on very next day and the released persons were warmly received by the public and garlanded by them.20 General Zia proposed to Bhutto that such place partial Martial Law could be imposed. Bhutto replied the constitution did not allow, General Zia-ul-Haq promptly said that amendment could be made in the constitution in this regard. He further said; “No Sir”! We have no such intentions; we are the right arm of the government; we are loyal and remain loyal.21 It was the first time Bhutto sensed the threat; he glanced at Zia with curiosity and said he would consult with cabinet. While General Zia had told Bhutto that if the public protest rose to extreme then the military would be unable to use force against them.22On this reply, Bhutto suddenly surprised but he shortened the

17Article 96-A: Constitution of Pakistan 1973 (VII Amendment) Act 1977 (w.e.f. May 16, 1977). Subsection 3 of section 1 of the Act provided that the Article 96-A. Referendum as to confidence in Prime Minister (1) If at any time the Prime Minister considers it necessary to obtain a vote of confidence of the people of Pakistan through a referendum he may advise the President to cause the matter to be referred to referendum is accordance with law made by Parliament. 18 W. Eric, Gustafson, Pakistan 1978: At the Brink Again, Asian Survey, Vol. 19, No, 2, A Survey of the Asia, 1978. Feb. 1979, p. 9 19Burki, Shahid Javed, Pakistan under Bhutto 1971-77, Hong Kong, 1988, p. 72 20Ahmad, Ghafoor, General Zia Key Akhri Giarah Saal, Lahore,1988, p. 28 21Ahmad, Ghafoor , Aur Election Na Ho Sakey, p.127 22Niazi, Maulana Kausar, p, 149 49 consultation with the COAS. Attorney General, Yahya Bkhtiyar (1917-1996) motivated Bhutto to accept the proposals of the Opposition. First two months wasted in agitation, June and July the dialogues were commenced seriously. The top demand of PNA was to holds fresh elections while the government was reluctant. The government team was included Meraj Muhammad Khan (1916-2003), Abdul Hafeez Pirzada (1930-2015) and Maulana Kausar Niazi. The prevailing situation was deteriorating further on the countrywide. Eventually, Bhutto sensed the crisis would not be solved in this way; he said to Pirzada “enough is enough”. He had become fed up and desired to finish the same at the earliest.23 Before that, the serious dialogues were started but it was too late because the military establishment had finalized the plan against the democratic government.

2.2 Operation “Fair Play” July 5, 1977

Mr. Bhutto initiated serious dialogues and agreed all demands of the Opposition. However, this agreement had not yet to be documented because it was verbal only. It was 4th July; all political parties were satisfied and returned to their homes. However, the shadows of the night were deep and lengthened. COAS Zia-ul-Haq monitored the political scenario; he folded the political game and imposed Martial Law the night of 4th & 5th July 1977. Lt. General, Faiz Ali Chishty (1923-b) order to 111-Brigade Commander, Imtiaz Ullah Warrach to accomplish the Operation, 111- Brigade mange it within two hours arrested all the government and opposition leaders. Bhutto was also arrested and detained at Murray Rest House. The military had achieved success without any resistance.

Furthermore, no public protest was observed. The Operation was commanded with such expertise that PPP watched it with amazement. Kausar Niazi describes; at the night of 5th July the estrangement had enormously increased in the Capital. While, US Ambassador; Arthur M. Hummel (June 8, 1977 to July 19, 1981 worked in Pakistan) informed to Bhutto, “he is no more”.24 Therefore, it was quite difficult for Bhutto to believe. It is the magnificence of GHQ that even Prime Minister was not aware of the plan. Weather, US Ambassador was well informed. Bhutto tried to contact with military secretary, Major General, Rao Imtiaz, he came to know that he had left for

23The Daily Nation, Karachi, June 29, 1977 24Niazi, Maulana Kausar, Aur Line Kat Gai , p, 141 50

GHQ. He tried to contact with COAS, he knew that he too left for GHQ. Short while , Zia contact with Bhutto, what I am listing to; Zia replied you are hearing and the reality and there was no second option; But I am sorry, Sir.25Then line was disconnected. Kausar Niazi said he had anticipated the designs of the generals in Corps Commander’s meeting a few weeks back but he was surprised that how a genius like Bhutto could not guess the same. The Army always insists to resolve the issues in political manners, but the time taken its toll and Martial Law had engulfed the whole country. On July 5th, it was officially announced on media, that Armed Forces had taken over the administrative control of the country. Zia-ul-Haq said;

You must have come to know that the government had been dissolved and all this activity was carried out with my orders. The present interim government has replaced the previous regime.26

Moreover, he explained Bhutto and PNA leadership would remain under protection. Armed Forces have always desired the political solution of the disputes. Now as the political leaders have failed to come to any conclusion and the silent role of the Armed Forces under these circumstances will be an in excusable crime for brought public out of the crisis. General Zia-ul-Haq put his hand on chest and said that the world would see that the trust has been returned to the civil representatives according to the promise. He told very clearly that he has no political designs and he has taken this step in acute emergency to fill the void created by the politicians. The only objective is to hold free and fair elections, which will be conducted in the month of October this year. The nature of differences among the politicians had become severe; hence, time will be required to get the situation cool down. However, the ban imposed on political parties till further orders and they will be restored before the elections. He said President Fazal Elahi remains as head of the State. Military Council will decide the Administrative Affairs. Chief Martial Law Administrator would be the head of the Administration. The Constitution remains suspended partially and the Federal Secretaries work in their respective departments. The Chief Justices would act as Governors in Provinces. The Provincial Martial Law Administrators control the Provinces. The public rights would be ensured .The Civil Administration function

25Ibid., p. 146 26Radio Pakistan Islamabad, PTV Special Bulletin, 6. AM, July 5, 1977 51 without any fear or danger. Freedom of the press has taken in to consideration.27 General Zia-ul-Haq further said he had a meeting with Chief Justice of Pakistan, Mr. Justice Yaqoob Ali (1912-1992) for seeking the advice on some official affairs. He said after the elections the power will be transferred to the public representatives and he will never deviate from this stance. At the end, Zia emphasized that any act of the Martial Law could not be challenged in any Court of Law. General Zia-ul-Haq formed his cabinet.28 Later he appointed the Governors; in this regard, he involved Judiciary in political affairs. Mr. Justice Abdul Qadir Sheikh for Sindh, Mr. Justice Khuda Bax Marri, Baluchistan, Mr. Justice Aslam Riaz, Punjab, and Mr. Justice Abdul Hakeem Khan, NWFP.29 Similarly, he appointed the Provincial Martial Law Administrators Lt. General Muhammad Iqbal Khan in Punjab, Lt. General Jahanzeb Arbab in Sind, Lt. General Sarwar khan in NWFP, and in Baluchistan, Major General Abdullah Saeed Khan.30 General Zia-ul-Haq compiled the cabinet and he specially rewarded Ghulam Ishaq Khan (1915-2006AD), and gave the post of Federal Secretary Defense and Inters harmony between the Federation and the Provinces. In addition, he brought large-scale changes in bureaucracy and appointed his reliable companions on key posts. First week of Martial Law remained very calm and quit and generally, no information of any unpleasant incident was received from any corner of the country. Even the political leaders were also detained in a very pleasant environment. The members of PNA had been detained in Punjab House Murray, while the PPP leadership was also detained in Murray. The latest news about the welfare of these detainees was being published in media and it revealed that they were in cheerful

27The Daily Nawa-e-Waqat, July 6, 1977 address to the nation by General Zia-ul-Haq 28 Advisory Council of Martial Law 1977 as under: 1. General Muhammad Zia-ul-Haq, Chief Martial Law Administrator (Head) 2. General Muhammad Sharif, Chairman Joint Chief of Staff Committee 3. Air Marshal Zulfiqar Ali Khan Chief of Air Staff 4. Admiral Muhammad Sharif Chief of Naval Staff Advisory Council of Martial Law 1977: 1. Foreign Affairs: Agha Shahi 2. Finance: Ghulam Ishaq Khan 3. Law & Justice Sharifuddin Pirzada 4. Defense: Lt. General Ghulam Jillani Khan 5. Health: Lt. Wajid Ali Khan 6. Science & Technology: Lt. Zahid Ali Akbar 7. Media Adviser: Brigadier Saddique Salik 8. Security Advisor: Roedad Khan 9. Interior: Lt. General Farooq Lodhi 10. Intelligence: Major General Rao Farman Ali 29 Amin, Tahir. “1977 Coup D’état in Pakistan”, Journal of History and Culture, No.2,2007, p. 4 30Ahmad, Ghafoor, General Zia Key Akhri Giarah Saal, p. 68

52 mood. The Military Coup was named as “Operation Fair Play”. By the mid night of 5th July it was completed in very perfect manner. In spite of, silent revolution and blood less coup, the stream of national life kept on flowing as usual and there was tranquility and serenity everywhere. The politicians who were curse the first two Martial Laws did not show any resentment or reaction, moreover, it could be said that there was no reaction on Martial Law and some circle expressed delight on the change. The “Guardian” wrote in its editorial; “In the 30 years of Pakistan’s history, in the background of frequent military intervention, whether it is an actuality that Ayub Khan, Yahya Khan and Zia-ul-Haq are simple professional soldiers or desirous of political rule. They joined the armed forces to achieve the objective of making access to the house of parliament in a comfortable way.31 Zia-ul-Haq focused next few months on conduct of elections. Apart from obvious assurance, this Martial Law was entirely different due to its nature and method. With the evident assurance of its objective, the initial steps proved that it had no political intentions. Its general attitude was very delicate and sweet. No excessiveness was dealt with any politician or political worker and neither the government servants were treated with any revengeful acts. General Zia along with General Chishty, General Akhtar and General K.M. Arif had a meeting with PNA leaders in a pleasant atmosphere, and discussion was held about the political affairs of the country, expected Elections, appointment of Chief Election Commissioner and other matters came under discussion. Furthermore, Zia appointed Justice Molvi Mushtaq Hussain (1922-1984) as new Chief Election Commissioner and he simultaneously formed a committee, which comprised of renowned jurist, with a task to revise the electoral rules.

General Zia has motivated the nation, retrieved to hold the elections within the stipulated time, and said that the political leaders would be released soon. On the very next day, they released Bhutto and PNA detainees, Zia also directive to make proper arrangements for departure to their homes. The month of Martial Law was passed in comfortable way. After the release, the wave of delight was spread in political parties and election was considered a close destiny. Simultaneously, a tug of war for seats and candidates began inside the political parties. The 70 Clifton Karachi became the political hub of PPP and for other political parties Lahore was the centre. On a limited scale, the political activities were commenced in the country. On August 2, 1977, the

31The Daily Guardian, London ,September 24, 1977 53

CEP announced the longest election schedule spanned over seventy days.32 The Elections were scheduled on October 18, 1977. After that, political activities were launched; the emotional speeches and rallies were organized. Moreover, columns were composed in support of Zulfiqar Ali Bhutto. Although, there was still ban on political activities, but in spite of the political temperature started to rise. On the other side (PNA) constituted its strategy. The PNA was disturbed in connection with the seats adjustment for the candidates of various religious parties. They were demanded more than its share. General Chishty and General Rao Farman Ali were in charge of the “Election Cell,” it was created in official patronage. They were providing cooperation to those parties, which are considered their favorite. Despite, the internal difference of PNA, Election Commission again allocated the election symbol of “Plough” and PPP was allocated the “Sword”.33 On 14thAugust, Zia-ul-Haq addressed the nation and now the mood was much changed. He stubbornly declared that if any political party tried to create obstacles in the path of democracy then it would be considered as anti Pakistan and Armed Forces would take action against them. Actually, Zia was compelled to issue statement because the popularity graph of the political parties was high and after the release of Bhutto, the attitude of PPP had become very proud. The nomination papers had been filed and the political activity in the country was continued. The political parties were issued hot statements. Bhutto and his adventure were against the General and GHQ”.34 General Zia called the deposed Prime Minister Bhutto in Murray and discussed national affairs. Zia guessed about the future, if the PPP returned to the power, Bhutto, would never pardon him. There are number of such precedence’s existed that if Bhutto got annoyed with someone, then perplexities would not leave his house. Due to hate speeches, they began to feel unsafe. Hence, the “Positive Results”35 became his earnest desire and the foremost necessity. The election commission also continued to consider the prospects of about the arrest of Bhutto and a reaction against it. Ayub Khuro (1901- 1980) gave his opinion in this context that in the event of the arrest of Bhutto only Mumtaz Bhutto could lead PPP election campaign, as Abdul Hafeez Pirzada did not enjoy any significance in Sind. This warning was also for other political parties but one thing was final, that General Zia would hold the elections on 18th October. The

32Jalal, Ayesha, The State of Martial Law Rule, Cambridge, 1990, p. 105 33Chishty, Faiz Ali, Bhutto, Zia Aur Mai, Lahore, 1991,p. 43 34Ghafoor Ahmad, General Zia Key Akhri Giarah Saal, p.245 35General Zia-ul-Haq had an interviewed said, means we obtained absolutely victory in elections. 54 meetings of PNA with the government representatives continued. Sardar Sherbaz Mazaari (1930-1999AD), stressed on accountability process and then General Election should be held.36 PNA had opinion that matter must be left for the new government to decide. Actually, very serious cases had been registered against PPP leadership included the murder case of Nawab Ahmad Khan Kasuri (1919-1974) in Lahore and Bhutto was directly nominated in it. Asghar Khan, Mian Meraj Khalid and Mahmud Ali Kasuri demanded the judicial investigation. Moreover, they said to hold the general election in these circumstances would be meaningless, because the public must know the fact that for which they were casting their valuable vote. Asghar Khan wrote a letter to Zia-ul-Haq and demanded the accountability was the need of the hour and there would no status of elections without the accountability.37He further said by criticizing Bhutto that if his government was not capable of conduct accountability then he must be handed over to him, then he would hang him on the Attock Bridge.38

Similarly, the voices against Bhutto began to be heard from other provinces, however in Sind Province there was still silence, while some opportunist politicians were busy in statements against Bhutto. By start of September, Zia-ul-Haq exposed his actual political plans. The first time; Zia-ul-Haq stressed on the role of Armed Forces in the politics and proposed Presidential System for the country. Keeping in view the tragedy of East Pakistan, he said that only the Armed Forces could unite the country as in recent past the nation had faced a great shock. Zia was determined about the elections; he said our destiny was beyond the election. In the meantime, the voices for accountability began to rise from North West Frontier Province and other Provinces. Zia-ul-Haq said the accountability was the need of the hour, he operated the body to remove the appendicitis but the whole body is cancerous and the complete treatment was essential.39 General Zia first time showed his intention for the postponement the elections and further said that the political parties with un-Islamic manifesto would not be allowed to contest the elections. Actually, it was the declaration of war from Zia-ul-Haq. It was the unawareness of the politicians that they could not understand the psyche of Zia-ul-Haq. However, some seasoned politicians anticipated the designs

36Ghafoor Ahmad, General Zia Key Akhri Giarah Saal, p.251 37Sardar Sherbaz Khan Mazari, A Journey to Disillusionment, Oxford University Press, Karachi, p.159 38Khan, Asghar, Generals in Politics: Pakistan 1958-1982, New Delhi, 1983,p. 108 39Khan, Roedad, Pakistan a Dream Gone Sour, Islamabad, 1998, p. 189 55 of Zia-ul-Haq and even expressed their views. Under these circumstances, this fact was being strengthened that only Martial Law can guarantee the free and fair elections. In spite of extreme tension and confrontation, the public had strong belief that Martial Law Govt. would prove to be solid in their commitments. Eventually, intolerable enmity had developed between PPP and Zia-ul-Haq. There is no escape from this fact that the survival of Zia-ul-Haq had become the biggest obstacle in the path of restoration of democracy.

The most reliable person of Zia, Lt. General Chishty exposed the political intentions of Zia, the mission of Zia-ul-Haq was ornamented with attractive promises, but its main objective was to save his own skin, which had compelled him to remain in power till death.40 Eventually, Bhutto arrest had been finalized on September 2, in this regard, Federal Investigation Agency (FIA) and Sind Police had been summoned at Martial Law Headquarter, but the police was unaware of the fact that Mr. Bhutto was going to be apprehended. Bhutto was again arrested from 70-Clifton and taken to Lahore. He had been arrested under section of Pakistan Penal Code 302 (murder attempt), 120 (criminal conspiracy) and 109 (criminal assistance). On November 11, 1974, Ahmad Raza Kasuri was the real target, but he remained safe, while his father was killed. 41He claimed more than fifteen murderous attempt had been on him. Lahore High Court inquiry under the supervision of Mr. Justice Shafi-ur-Rahman (1929-1994), and Bhutto was declared innocent, but Ahmad Raza Kasuri had grudge against Bhutto for not awarding party ticket to him. Therefore, when Zia dismissed the Bhutto government, he reopened the case. In the absence of Z.A. Bhutto, Mrs. Nusrat Bhutto was leading the election campaign of PPP, who was nominated the Chairperson as per the desire of her husband. Public would throng the meetings and rallies addressed by Nusrat Bhutto and Benazir Bhutto. The legal proceeding of Zulfiqar Ali Bhutto was started. Mrs. Nusrat Bhutto also challenged the Martial Law in Supreme Court.42 Now, it was interesting situation if the court decided in favor of Nusrat Bhutto, then Zia-ul-Haq would have been charged with treason. The Court declared Martial Law in favor of Dooso case of 1958,43 Supreme Court adopted the

40Chishty, Faiz Ali, Bhutto, Zia Aur Main, p.129 41Anwer, H. Syed, Pakistan: The Prince is Under the Law, Asian Survey, Vol. 18, No. 2, February 1978, p. 7 42The Daily Dawn, Lahore, October 13, 1977 43Dooso vs. State PLD 1958 SC 533 56 previous traditions and declared the Zia-ul-Haq’s action was true and legitimized and rejected the appeal of Nusrat Bhutto. In this decision while on one side the reference of holding free and fair elections as early as possible, Chief Martial Law Administrator was also empowered to make amendments in the Constitution and adopt measures for the restoration of law and order in the country. On September 13, APC was convened in GHQ Hall, in which representation was given to all small and large parties. In this conference, the rules and procedure of the upcoming elections were discussed. During the conference, it was informed that Mr. Justice Samdani (1932-2010) has approved the grant of bail of Bhutto.

Later on, CMLA reviewed the prospects of the postponement of the elections. Nusrat Bhutto stated we would forcibly retire General Zia-ul-Haq after coming into power;44 she was completely unaware the fact that her extreme threats would become the reason of the postponement of elections. The commitments were vastly changed. However, the Martial Law authorities still gave the impression that the elections would be held as per schedule on October 18th, by the end of this month the power would be transferred to the public representatives. Zia-ul-Haq said that if the situation demanded then the elections schedule could be changed accordingly and he would make an announcement in this regard on 1st, October. General Zia deviate from his commitment of July 5th and he declared the elections to be held this month had been postponed. He said that prior to accountability; the conduct of elections would be like an enmity with the people of the country, hence in a bid to save the country from a serious threat.45 Zia-ul-Haq said, “The accountability of person will be done beyond the political affiliation”46who has committed corruption of any type; and after the investigation the financial documents, if it was proved that wealth has been plundered then this wealth will be confiscated and those persons will not be candidates in the elections. I have to state this fact with grief that the election campaign had been commenced with effect from 18th September, but no party has released its election manifesto. Instead, the politicians for the last three months have been de- characterizing each other, so I dare to ask these politicians that whether this is the name of democracy. Therefore, when the courts announce their decision, then the

44Sohail, Azhar, General Zia Key Akhri Giarah Saal, 1988, Lahore, p. 76 45PTV & Radio Telecast, Islamabad, October 1,1977 46Omer Noman, Pakistan and General Zia: Era and Legacy, Third World Quarterly, Vol. 11, No.1, Taylor & Francis, Ltd, January 1989, p. 3 57 fresh date of the elections would be declared; and I once again assure you that there will be no delay of even one day in the transfer of power to the elected representatives. On this occasion, he announced an interim government with a prime objective to the setup of Islamic system of government. The politicians were called on behalf of CMLA to compile the government on April 15, 1978. Khan Abdul Qayyum Khan, Pir Sahib of Pagaroo and Chudhary Zahoor Elahi represented the PNA and Muslim League while Maulana Kausar Niazi, Barrister Kamal Azfar, Malik Muhammad Akhtar, Nasrullah Dareshak and Ghous Bax Raisani were the representatives of PPP, but besides Mumtaz Ali Bhutto, Abdul Hafeez Pirzada and Dr. Ghulam Hussain were also invited for the meeting. Now the PPP had been divided into two wings and most of its leaders were desperate to extend co-operation with the government. General Zia-ul-Haq inaugurated National Educational Conference and said, “he and the nation hoped that the courts would decide the proposed cases against the politicians as soon as possible so that the date for election could be finalized”.47 He demanded the courts to make immediate judgment, because unless the cases were not decided, the date for the elections could not be determined. Zia put the pressure on judiciary and throw the ball in their court.

Meanwhile, Bhutto talked with media in Lahore High Court said the postponing of the elections is illegitimate.48 The political philosophy of dictator could not be beyond this that through ill wills he might produce the situation of perplexity and disbelief in the minds and hearts of the public.49 He said when such an environment prevails, the public did not find an alternative way and they make themselves disassociated with the country’s affairs. This factor further encourages the dictator and he adopted new measures, which are not related with the traditions of democracy. If we review the history, then it is revealed that whenever Martial Law was imposed the country was entangled in controversies and problems. After according the authority to amend the constitution, CMLA took the maximum benefit of the decision, he savant to perform his duties was actually a man of security staff and according to Bhutto the lunatic and madcap persons would surround his cell and would keep on creating a finicky and fussy situation for Bhutto all through the days and nights. However, he was awarded

47The Daily Mashraq, Lahore, October 3, 1977 48Mumtaz Ahmad, The Crescent and the Sword: Islam, the Military and Political Legitimacy in Pakistan 1977-1985, Middle East Journal, Vol. 50, No. 3, Summer 1996, p. 3 49Niazi, Maulana Kausar, Aur line Kat Gai, p. 179 58 death sentence by Lahore High Court and shifted to Rawalpindi jail. His appeal was under trial in the Supreme Court. On February 6, 1978, the Supreme Court declared the judgment. Out of seven judges, four retained the death sentence awarded from the High Court, while three released him with dignity. Anyhow, all the Judges declared unanimously that if the President desired, then he could grant abatement in the sentence.50 In death cell, Bhutto wrote many letters to various foreign heads of states and in its response they appealed for the life of the Bhutto, but no appeal could be materialized Zia and finally at mid night of April 4, 1979, Bhutto was executed. His dead body was taken to Larkana through C-130 Air Craft. He was buried in his ancestral graveyard of “Garhi Khuda Bakhsh, Rattu Dero”.51 No family member was allowed to take part in funeral. The most popular leader of third world and Asia was buried very silently; it was the hard luck for the country. In order, to defuse the political pressure Zia introduced Islamic law 1979.

Islamic punishments were assigned to various violations, including drinking alcoholic beverages, theft, prostitution, fornication, adultery, and bearing false witness. Zia also began a process for the eventual Islamization of the financial system aimed at eliminating that which is forbidden and establishing, that which is enjoined by Islam. The Family Laws Ordinance provided women critical access to basic legal protection, including, among other things, the right to divorce, support, and inheritance, and it placed limitations on polygamy. Still, women found unfair the rules of evidence under Islamic law by which women frequently were found guilty of adultery or fornication when in fact they had been raped. They also opposed rules that in some cases equated the testimony of two women with that of one man.

50PLD SC 657, 1978 51Garhi Khuda Bakhsh is a village in Ratodero Talka near Naudero Sindh Pakistan. It is notable for containing the graveyard of the Bhutto Family and being the burial place of Zulfikar, Murtaza, and Benazir Bhutto in the mausoleum. It was founded by Khuda Bakhsh Khan Bhutto. This was the family of feudal lords, which headed the Bhutto clan. Zulfiqar Ali Bhutto, the father of Benazir, was buried in the village after being executed following a military coup that removed him from power. On 27 October 2007, nine days after there was an assassination attempt, returning from exile. Benazir Bhutto arrived in the village amidst tight security to visit her father’s mausoleum, greeted by the supporters in the village. Two months later on 28 December she herself buried in the mausoleum where hundreds of thousands of mourners had gathered. The following year on what would have been her 55th birthday party activists arranged a function to pay tribute to her.

2.3 Zia-ul-Haq’s Political Plan and Local Governments System

The success of any political system requires continuation, check and balance, accountability and hard work over decades and then system becomes harmonized with the culture of state and society and system becomes the integral and significant part of the state infrastructure. Hence, the public paid respect to the constitutional and political traditions. If we study the Constitutions of the civilized and modern countries like USA, UK, France, China, Japan or Russia, than it revealed that they had developed their political system from grass root level. When we review the political system of our country, then we come to know that nation had been always in search of a better system through the military intervention. However, the nation has disappointed regarding the constitutional development. Generally, we say the democracy means rule of the public, it means no one can rule them without their consent. It is also obvious as during the period of political turmoil the public is making efforts for a better and conducive political environment, because in any political system of the world, positive and negative aspects are reviewed and gradually the interest for the better political culture is enhanced. Every political system has its own format, because every system compiles such an infrastructure for the achievement of its particular objectives, which deal with the social, economic and cultural traditions of the country. Hence, the political system is based on mutual reliability, individual status and mutual contacts. It is a system, which possessed proper arrangement of devising policies and decisions about the purpose and authority of the government. The local government is such an organization, constituted through law, possesses adequate access to the local matters. It has got the authority to impose taxes and for stipulated objectives, it can generate revenue through labor. This organization comes into existence through local nomination or election. The local government also means an institution, which possesses the authority in comparison to the state government to determine its powers and for their implementation. If we reviewed history, than this fact is revealed in ancient period the local government has been existed. In ancient times, the City State of Makah’s government was entrusted to a very organized group,52 which has delegated the arrangement of water for the city, the comfort and relief of the pilgrims, the protection of Ka’aba and many similar responsibilities of welfare to separate departments. The civic States of Greece were

52Muhammad Azam, Maqami Hakoomtain, Abdullah brothers, Lahore, 2003,p. 64 60 under the control of citizens,53 while the rural areas were in the control of villagers. In the Local Government System the citizens avail the opportunity to choose their representatives and the public also receives training, how to participation in the electoral process. Hence, the institutions and local government system provide such training to the public, which is mandatory for the management of a democratic system successfully. If we study the history of Indo-Pak Subcontinent, it is disclosed that the foundation of local governments was laid, when the man started to live an organized life. However, Panchayat System54 was in prevalence and if anybody commits wrongdoing used to be expelled from community as a penalty. The Administrative Units can also give the name of Rural Government. The third phase of the British Crown possesses great significance, because this era commenced with a constitutional government. Under the Indian Council Act 1861,55 the Executive Council of the Governor General was given extension and one member was added. There were fifteen members of the Council including the Governor General, while in the Legislative Council; members were extended up to 12, in which half were unofficial employees. In Indo-Pak Sub- continent, the Governor General was authorized to establish the Councils in Punjab and NWFP. In 1862, Lieutenant Governor Punjab, Sir Robert Montgomery (1808- 1887AD), order to constitute Municipal Committees in major districts. In just the period of three years 49 Municipal Committees were set up and 28 were established through resolution. In 1864, Lawrence involved the public in local issues by setting up “District Committees”56. The duties of these committees was included the hygienic condition, drainage , supply of drinking water, electricity and the maintenance of roads in various localities and bazaars of the towns. Later in 1864, Municipal Commissioners were appointed in the cities and Local Govt. was the extension in small villages. Lord Mayo (1822-1872AD), for the progress of LGS, presented a resolution to eliminate the centralized control from financial matters, as the local

53Khan, Munior Ahmad, Pakistan Main Zilai Nizam-e-Hakumat Aur Election 2002,Lahore,2003,p. 96 54Zahid Islam, Pakistan Main Local Government , South Asia Partnership, Lahore, 2008, p11 55Baber, Zaheer Ahmad, Pakistan Mai Jamhori Hakoomtain, Lahore, 2001, p.191 The Indian Councils Act 1861 was an Act of the Parliament of United Kingdom that transformed the Viceroy of India’s executive council into a cabinet run on the portfolio system. This cabinet had six ordinary members, who each took charge of a separate department in Calcatta's government: home, revenue, military, law, finance, and (after 1874) public works. The military Commander-in-Chief sat in with the council as an extraordinary member. The Executive Council was enlarged by addition of fifth member as Jurist. The Viceroy was allowed, under the provisions of the Act, to overrule the council on affairs if he deemed it necessary, as was the case in 1879, during the tenure of Lord Lytton. 56Khan, Munior Ahmad, Pakistan Main Zilai Nizam-e-Hakumat Aur Election 2002, p.132 61 bodies could be strengthened and financially stable. After three years of this evolution, the new municipal laws were introduced in various provinces. In 1870, through Village Chowkidari Act57 (watch man), an attempt was made to establish the following Rural Local Government.58 In Pakistan, the first Local Government System (LGS) was established under The Indian Act 1935. This LGS comprised of following Acts: Punjab District Board Act 1883; Bengal Local Self Government Act 1885; Bengal Village Self Government Act 1919; Punjab Panchayat Act 1921; Punjab Small Town Act 1922; Sind Act VII 1939; Punjab- Delhi Panchayat Act 1939; Sind Act –X 194059 Pakistan inherited the British system in which the Deputy Commissioner (DC) (administrative head of the district) virtually controlled all facets of District Government: Administration, Development, Revenue and Criminal Justice. In 1958, General Ayub Khan, formally introduced “Basic Democracy” (BD), and declared that the nation was not yet ready for full democracy.60 Under Basic Democracy, the country was divided into 80,000 wards (single member constituencies of 1,000 to 1,200 people each) to elect a “Basic Democrat” on a Non Party basis. Local Councils were created at the district and sub district levels of Union, Tehsil (West Pakistan) and Thana (Police Station) (East Pakistan). Roughly, half the members of Local Councils were officially nominated, not directly elected. While these councils received state funds to perform municipal and civic functions, the district administrative bureaucracy retained virtually total authority over them. Besides serving on the Local Councils, BD constituted the Electoral College that selected the President also. Ayub Khan used the BD member vote to confirm him as President for five years through a referendum. Basic

57Chowkidari Act 1870. During the British Rule in Bengal village Chowkidari Act was passed in 1870 with administrative, economic and political objectives. This paved the way for setting up local government body under the law. Under this Act several villages were organized into a Union and Chowkidari Pachaayat was set up in each Union. The Chowkidari Pachaayat had five members who were appointed by the government for three years .The Pachaayats were responsible for appointment of Chowkidari ( village police) for maintenance of law and order. The village police were paid through collection of Chowkidari tax from the villagers. 58 1. According to the Act, the Magistrate was authorized to set up a Chowkidari Panchayat system. 2. Panchayat comprised of five representatives. 3. These representatives were nominated by the Magistrate. 4. Every Panchayat was confined to an area of 10 to 12 square miles. 5. Chowkidari Act & Panchayat System was responsible to maintain law and order through the Act 59Village Chowkidari Act, 1870, (Bengal Act VI Of 1670), The Bengal Village Chowkidari Act, 1871, (Bengal Act I Of 1871) and the Bengal Village Chowkidari (Amendment) Act, 1922, (Bengal Act VIII Of 19112), as Modified up to October, 1922 60M. Salman Azhar, Decentralization Reforms in Pakistan During Ayub and Zia Era, Journal of Public Administration and Governance, Marco Think Institute, Vol. 2, No. 1, 2012, pp. 2-4

Democrats were retained as the Electoral College for both the President and members of the National Assembly and Provincial Legislatures. In Local Bodies, Ayub khan intent was not to decentralize or democratize authority but to extend centralized control over the Federal Units through a new grass roots political system. The scheme was remarkably well orchestrated for extending direct patronage and manipulation of local power structures. In 1969, violent protests and countrywide strikes crippled Ayub khan authority. As it declined, he handed over General Yahya Khan. He scraps the Basic Democracy. Ironically, Local Government System had remained defunct from 1972 to 1977. Although, the PPP government promulgated a People’s Local Government Ordinance in 1975, but elections were never held. General Zia-ul-Haq’s background was sober and staunch religious person. Prior to the set up the Local Government System was comprehensively discussed in Inter Provincial Conference was organized on June 10, 1979. Federal Ministry of Local Government the approval for the format, authority and duties of new Local Bodies was accorded. CMLA, Zia- ul-Haq issued an Ordinance about the infrastructure of the working jurisdiction and financial powers.61 Under the Ordinance, the Local Government System was promulgated in three tiers and due to this; it was accorded the powers to run District Council, Tehsil or Taluqa Council and Union Councils and the system of District Councils. The Union and District Councils could be directly elected on adult franchise. While the Tehsil and Taluqa Councils comprised of Chairman of Tehsil and Taluqa Union Councils. The basic responsibility of Tehsil or Taluqa Councils was to create mutual contact involving the activities of the Union Councils. The tenure of Local Council and its Chairman was four years. In every Union Council, the total number of members was fixed per constituency on the basis of 1000 to 1500 population. Every member was elected directly. The number of Union Councils all over the country was 3414. In the semi-urban towns with population, over 10,000 and less than 500,000 Town Committees were set up.62 In Garrison, the Cantonment Boards would perform these duties. On the Division level Urban, Rural and Inter District Local Government institutions, for the receipt and distribution of Zakat and Usher, separate committees

61Babar Ali, Pakistan’s Decade of the Generals, Economic & Political, Weekly, Vol. 22, No. 28, July 1987, p. 6 62LGS, Local Govt. System; www.lgs.govt.pk 63 were formed on local and district level.63 These Committees have to function under the Provincial Zakat Council. Under the Ordinance, the elections were only held in Punjab and Sindh in 1979, 1983, and 1987.In urban areas, town committees were established for towns with populations between 5,000 and 30,000; Municipal Committees for towns with a population up to 250,000, and Municipal and Metropolitan Corporations for major cities (Peshawar, Lahore, and Karachi) with populations in excess of 250,000.64 Elections in Union Councils and Town Committees were held on a Non-Party basis. Eighty per cent of members elected directly and twenty per cent reserved for peasants, workers, tenants, and women. Councilors served as the Electoral College for choosing the head (Chairmen and Vice Chairmen) of Zila and Tehsil Councils. The major responsibility of the Local Councils was to manage small-scale public welfare and development activities (water supply, sanitation, maintenance and management of hospitals and schools) in their jurisdictions. The list of council functions was extensive but the revenue resources were limited despite the delegation of some taxation powers by provincial governments. The bulk of funds came from Federal Govt. Similar to the BD scheme; Zia’s Local Councils were not entrusted with District Administration, law and order or police, which were retained by civil bureaucrats (commissioners and deputy commissioners). Unlike the BD system, Zia’s Local Government System did not form an electoral college for Provincial or National Assembly or the Presidency. In September 1979, the Awam Dost (Friends of the People) group, a cover name for the Pakistan People’s Party, secured significant representation. Their success was a rude shock to the military government. To forestall their victory, Zia postponed indefinitely general elections scheduled for November 1979. The primary motivations for Zia to create Local Bodies were to legitimize the military government, broaden its support base beyond the military. In essence, LGS provided the civilian base to

63Zakat Committee. The Zakat Councils are at Federal, Provincial and District levels in Pakistan. According to the provincial Government of Punjab, the collection of Zakat and Usher and maintenance of relevant accounts is administered by the Federal "Ministry of Religious Affairs (MORA). It is credited in Central Account No. 08-Central Zakat Fund, maintained with the State Bank of Pakistan Karachi, and disbursed to Provincial Zakat Council, which in turn transfers it to District Zakat Committees. Zakat Councils are responsible for collecting and distributing the Islamic taxes known as Zakat and Usher in Pakistan. In 1980 with an Ordinance by General Muhammad Zia-ul-Haq calling for a 2.5% annual deduction from personal bank accounts on the first day of Ramadan, with the revenue to be used for poverty relief. 64M. Salman Azhar, Decentralization Reforms in Pakistan During Ayub and Zia Era, Vol. 2, No. 1, 2012, pp. 4-6

64 military government. Gradually, LGS became a vast mechanism for extending state patronage to pro military politicians, providing the military government with ample scope for staging favorable, non-party elections. In due course, the new local elites formed the core of Zia’s rubber stamp parliament, elected in non-party national elections in 1985. 2.3.1 Format of Punjab Province’s Local Bodies In each District, a District Council was set up and it comprised population of 50,000. Hence, Municipal Corporations in major cities and Municipal Committees in the smaller towns were constituted. On the lower level, Union Councils and Town Committees were established. Among these Local Bodies in every Municipal Corporation used to represent a population of more than .5 million and Council would comprise of 50 to 100 members. Eventually, every Municipal Committee would represent 20,000 to 500,000 populations and similarly every Town Committee represented five to twenty thousand persons and every union council would comprise ward of 15000 persons. Urban Institutions of In Punjab Province, there was Metropolitan Corporation 1; Municipal Corporations 29; Municipal Committees 63; Town Committees 134; Cantonment Boards 20.65 Furthermore, Rural Institutions of Punjab Province were as under: 1. District Councils: 29 2. Tehsil Councils: 147 3. Union Councils: 2366 66

2.3.2 Format of Sind Province’s Local Bodies In Zia-ul-Haq’s regime, LGS were constituted in Sind Province. Municipal Corporation, was consists of population more than 500000, Municipal Committees 25,000 to 5, 00,000) Town Committees from 5000 to 25,000 Union Councils constituted over population of 1500. Whereas, the Urban Institutions of Sind Province were included Metropolitan Corporation 1; Municipal Corporations 17; Municipal Committees 21; Town Committees96; Cantonment Boards 7.67 Furthermore, Rural Institutions of Sindh Province were as under: 68

65 Punjab, Local Bodies Election Ordinance 1979 66 ibid 67 Sind, Local Bodies Election Ordinance1979 68 Ibid. 65

1. District Councils: 17 2. Taluqa Councils: 72 3. Union Councils: 566 2.3.3 Format of NWFP Province’s Local Bodies

According to the NWFP Province LGS Ordinance imposed in 1979, Municipal Corporations, Municipal Committees, Town Committees, District Councils, and Union Councils were also set up. Among these, every Municipal Corporation had 35 members, while each District Council had 32 members. Municipal Committees were 11 to 15 members, Town Committees had 18 members and Union Council would represent 15 to 20,000. The urban institutions of NWFP Province: Metropolitan Corporation Nil; Municipal Corporation 01; Municipal Committees 98; Town Committees 171; Cantonment Boards 9.69 Furthermore, Rural Institutions of NWFP Province were as under: 1. District Councils: 14 2. Tehsil Councils: 119 3. Union Councils: 262 70 2.3.4 Format of Baluchistan Province’s Local Bodies Under Baluchistan Local Government Ordinance Baluchistan province was divided in Municipal Corporation, Municipal Committees, District Councils, Town Committees and Union Councils, Municipal Corporation; 40 to 60 members, Municipal Committees; 9 to 35 members, Town Committees; 5 to 18 members and Union Council 7 to 15 members. The urban institutions of Baluchistan Province: Metropolitan Corporation Nil; Municipal Corporation 17; Municipal Committees 23; Town Committees 142; Cantonment Boards 2. Furthermore, Rural Institutions of Baluchistan Province are as under: 1. District Councils: 17 2. Tehsil Councils: 46 3. Union Council: 172 71 Zia-ul-Haq organized LGS in September 1979 & 83. These elections were also non- party based, but the politicians participate in these elections. Generally, PPP gave it a party flair by using the term of “Awam Dost”72 for its supported candidates. In

69NWPF Local Bodies Election Ordinance1979 70 Ibid. 71Baluchistan, Local Bodies Election ordinance1979 72Local Bodies Elections 1979 PPP introduced the penal, which was known as “Awam Dost Group.” 66 respond, Jamiat-e-Islami also introduced the term of “Islam Pasand”73and both emerged as quite dominating groups. The LGS further exposed the internal rift of MRD. Mumtaz Bhutto (1933-b) and Sher Baaz Mazaari stressed on the boycotting of local bodies elections. PPP was also divided into two wings, Farooq Ahmad Laghari (1940-2010AD), Secretary General of PPP, was in favor of contest the elections, so that the workers might gain the confidence of getting share in the government. However, the devoted and passionate workers were against this decision. Furthermore, General Zia provided a platform for direct interaction with the political workers with the holding LGS, the public got the assurance that he was serious in general elections. In 1979, General Zia-ul-Haq once again gave indication about elections and he apprised PNA to join the cabinet; so that no one who contest the elections might not be included in the government; therefore, the formation of a non- political cabinet had been decided. The cabinet was comprised of fifteen ministers. On April 21, Cabinet took the oath of with thirteen Federal Ministers and two Ministers of State, consisted generals and technocrats. The renewed members were Mr. Justice Hamud-ur-Rahman (1910-1975), Agha Shahi (1920-2006), Dr. M. Afzal, Moazzam Ali and Hakeem Muhammad Saeed (1920-1998).74 Zia-ul-Haq again postponed 17th November Elections for an indefinite period. Moreover, the political parties were declared de-functioned and their offices were sealed. Ban was imposed on the media and censor was imposed on rest of the newspapers. Zia sated that now the Martial Law would be strictly implemented so that its objectives could be achieved and the public desires might be accomplished.75He also said amendments would be made in the constitution and the process of promulgation of the Islamic system would be rapidly increased. The bribery, theft and robbery would be eliminated from the society. The corrupt government servants would be removed. The educational institutions would be transformed into academic foundations in real sense.76 He augmented, instead of western democratic, the Islamic Shoora system would soon be implemented and practical measures would be taken in this direction. Prof. Ghafoor Ahmad criticized CMLA and said, “He had very comfortably postponed the election for the third time. He has mentioned two reasons for postponement, first the political parties had become ineffective, PNA has scattered as

73Islam Pasand, JI also introduced the penal, which is known as Islam Pasand Group. 74Ansari, Zafar Ahmad, Zia-ul-Haq Shkhsiat Aur karnamey, Islamabad, 1988, p. 146 75PTV & Radio Telecast, Islamabad, October 15,1979 76The Daily Jung, Karachi, October 6,1979 67 salt dissolve in the water, and PPP became the victim of wear and tear. Some of the party members deserted the party and then after Zulfiqar Ali Bhutto the remaining strength of the PPP faded away.77 The religious parties considered the confrontation with the Martial Law regime would be useless and they shifted their attention towards non-political activities. Furthermore, the promises of Islamic system measures had adopted in this regard. Martial Law Government would have the Islamic flair and the representatives elected under this democratic system would possess actual love for Islam, passion for the country and sentiments for the service of the nation. The current laws would be Islamized in few months. For the achievement of such a pleasant future, the tolerance for the delay in elections was much easier. On 1979, Soviet Union (USSR) staged a revolution in Afghanistan and sent its forces to Kabul. The military intervention in Afghanistan was a threat, which diverted the attention of public towards national affairs. Hence, Zia-ul-Haq was provided a very strong opportunity to strengthen his position. In 1980, the political power of Zia-ul-Haq was on climax. There were no any political parties. Zia-ul-Haq decided that those Generals who were hold the office of Governor or Minister would not hold the rank of Corps Commander.78 In this way, the Generals who were very close, they compelled to leave the Military Command, included General Chishty, General Fazal Haq, General Sarwar Khan and General S. M. Rashid Abbassi. With this decision if there had been any danger inside the army was averted. In May, he reduced the powers of the judiciary and stopped them to issues any verdict against the Martial Law. In meanwhile, Zia tried to frame such a system, which could be in accordance with his thoughts and designs. In late1980, it was quite difficult to oppose General Zia-ul- Haq. Anyhow, another political alliance got birth in January 6, 1981, and was named “Movement for the Restoration of Democracy” (MRD)79. Nine political parties were included, Pakistan People Party, Tehreek-e-Istiqlal, National Democratic Party, Pakistan Republican Party, Jamiat ul Ulema-e-Pakistan, Pakistan Muslim League (Council), Jammu & Kashmir Conference, National Liberation Front and Mazdoor Kissan Party and Kissan Party. Pakistan People Party joined MRD with a reason that it could not pull on alone.

77Ghafoor Ahmad, General Zia key Akhri Das Saal, Jung Publishers , p. 114 78Arif, Khalid Mehmud, Working with Zia, Jung Publishers, Lahore, 1989, p.71 79The Movement for the Restoration of Democracy (MRD) was a historically populist and massive left wing political alliance formed to oppose and end the military government of President General Zia-ul- Haq. Directed and chaired by Benazir Bhutto of Pakistan People’s Party, its primary objectives and aims were to restoration of the democracy as well as gaining the civilian control of the military. 68

Hence, its leadership keeps the revengeful policy. Nusrat Bhutto was only confined to target Zia-ul-Haq instead of criticizing all Generals. Among MRD, the prominent leader were Sardar Abdul Qayyum Khan, Maulana Fazal-ur-Rahman, Sardar Sherbaz Mazaari, Air Marshal (R) Muhammad Asghar Khan, Meraj Muhammad Khan and Fatehyab Ali Khan and most of these leaders had participated in the struggle against Zulfiqar Ali Bhutto. As their expectations with Martial Law were not fulfilled hence, they frame a new political alliance for the restoration of democracy. On January 14, 1981, Zia-ul-Haq presented his concept of Islamic democracy, he also promised to provide justice immediately. In 1981, a new Federal Cabinet was constituted and concept of Majlis-e-Shoora was presented, new cabinet was included Military Generals, Technocrats and a large number of loyal Muslim Leaguers.80 In this cabinet following werethe Ministers: Agha Shahi, Ali Ahmed Khan Talpur, Arbab Niaz Ahmed, Elahi Bax Somro, Fakhar Imam, Ghulam Dastgir Khan, Ghulam Ishaq Khan, Air Marshal Inamul Haq, Major General Jamal Dar, Mehmud A. Haroon, Brigadier M. Abbas Abbassi, Muhammad Ali Khan Hoti, Vice Admiral M. Fazal Janjua, Lt. General Saeed Qadir, Sharifuddin Pirzada and Raja Zafar-ul-Haq. While Begum Afifa Mamdot, Mehmud Ali and Mir Zafarullah Khan Jamali were Ministers of State. In addition to the Moazzam Ali, Raja Tridev Roy, Hameed Habib, Mustafa Gokal and Sheikh Eshrat Ali were appointed as advisors and their status was equal to Federal Ministers. Dr. Attiya Inayatullah, Dr. Basharat Ali, Dr. M.A. Qazi, Dr. Muhammad Afzal, Hakeem Muhammad Saeed and Begum Viqar-un-Nisa Noon were also included as advisors. President Zia-ul-Haq on this occasion declared the holding of elections as synonymous to committing suicide.

2.4 Provisional Constitutional Order(PCO) March 24, 1981

The Provisional Constitutional Order popularly term as PCO is an Emergency and Extra Constitutional Order, in which wholly or partially suspends the Constitution of Pakistan. The PCO fulfills the legal vacuum and act as temporary constitution in abeyance or suspension. Mostly, the Martial Law Orders have been enforced in

80Ansari, Zafar Ahmad, Zia-ul-Haq Shkhsiat Aur karnamey, p.149

69 country on behalf of CMLA. Constitution is an essential element of democracy. The constitution is a set of principles for guided the state affairs; the representatives elected through the democratic process and possess right way to make amendments in the constitution and determining according to the mandate of public. The amendment in the constitution is sometimes indispensible under the prevailing circumstances, necessity and time. Such amendments were made with the guidance and principles of constitution and the procedure for the change has been clearly defined in the constitution. If the procedure would not adopt then amendment would be un- legitimized and deviation of the law. The elections held under the military umbrella were never admirable on international or national levels, but in country, the situation was quite contrary because whenever a dictator sensed the need of amendments in the constitution, he accomplished it without any hesitation. It is worth mentioning that seven amendments had already been made by its originator. Zia-ul-Haq gave intentions to hold elections within ninety days would be handed over to the public representatives but later on, he began to show ill wills to prolong his rule. Zia-ul-Haq deliberately initiated propaganda under a proper planning that there should be balance of powers between the President and the Prime Minister. Moreover, he said if the President considered that the government was not function properly under the constitution and threat to the national solidarity, then the President would dismiss the government and hold fresh elections. So that to stop the path of Martial Law. General Zia-ul-Haq framed a plan of enhanced the power. He amended in Article-199; which gives stability to his rule.81 According to the Article, the High Courts could not issue any orders in such matters, which used to fall in the jurisdiction of military courts, tribunals, or CMLA office. Hence, the high courts were forbidden from any orders against the decision of military courts. Zia has interviewed with Symons Winchester, Zia exposed his desire of ruling:

81Article 199: According to the Constitution of Pakistan it is about the Jurisdiction of High Court (i) directing a person performing, within the territorial jurisdiction of the Court, functions in connection with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do; or (ii) declaring that any act done or proceeding taken within the territorial jurisdiction of the Court by a person performing functions in connection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or (iii) Subject to the Constitution, the right to move a High Court for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II shall not be abridged. 70

Who can stop me, Army is with me and I am in power to do what I want. What is constitution? A book of ten to twelve pages, if I tear it off and say to live under some other system from tomorrow. Who can stop me?82 He started meeting the politicians for the completion of the process of accountability. Meanwhile, Zia-ul-Haq suddenly announced the postponement of the elections. When he was asked about the decision, he said that this advice has been given by the leaders of PNA.83After the postponed of elections, General Zia-ul-Haq turned towards his actual designs and he stressed the need of the due constitutional role of armed forces in the politics. He said that the elections could be held only conditionally, if they produce “Positive Results”.84 He actually meant that if the PPP succeeded in the elections then he would have to be answerable for overthrowing Bhutto’s Government and suspending the Constitution, which was an Act of Treason and its punishment, is death sentence, according to the Article: six of the Constitution of 1973. Zia-ul-Haq said the Constitution had not been abolished and neither any obstacle to functioning the courts; so the country’s affairs had been smoothly running without any hindrance.85Zia-ul-Haq continued since four years with suspended Constitution. The Supreme Court declared the “Doctrine of the Necessity” for Zia-ul-Haq’s as in Nusrat Bhutto Case and conferred the Authority for Amendments in the Constitution. 86However, the Courts retained the right to revise those Martial Law Regulations, which would be against the national solidarity and public welfare.87Contrary to this, most of Judges of Supreme and High Courts were agreed the fact that Zia-ul-Haq was not authorized to make huge and fatal amendments, in the constitution, in Mrs. Nusrat Bhutto case. Former Judge of Supreme Court, Mr. Justice Durab Patel (1924- 1997AD), he was the part of that bench, which gave the verdict. He explained, “We put three conditions on Martial Law Authority, it was stance of the Judiciary that the Constitution of 1973 would remains the Supreme Law of the country, Superior Court continue to perform their duties under the constitution, and power of the Courts remains intact and third condition was that the elections would be conducted within a

82Maluka, Z. Khalid, The Myth of Constitutionalism in Pakistan. Karachi, 2002, p. 73 83 Lubna Kanwal, Zia, Islam and Politics of Legitimacy , AL-ADWA Assistant Prof. Dept of Pakistan Studies, Bahauddin Zakariya University, Multan, Pakistan, 2015, p.4 84Baxter, C. Zia’s Pakistan: Politics and Stability in Frontline State, Vanguard Lahore, 1997, p.71 85 Chimayo, M. Kotera. “Civil Military Relations: A Comparative Study of India and Pakistan”, PhD Dissertation, RAND Graduate School, 1997, p.193 86PLD 657 Nusrat Bhutto Vs State, SC 1977 87Mumtaz Ahmad, The Crescent and the Sword: Islam, the Military and Political Legitimacy in Pakistan 1977-1985, Middle East Journal, Vol. 50, No. 3,1996,p. 3-7 71 stipulated time.”88 However, Zia-ul-Haq ignored some decisions of the Supreme Court and Amended the Article-212-A.89 In Amended Article, the Supreme Court was deprived from the right of revision. Furthermore, former CJP Mr. Justice Yaqoob Khan said, firstly the government postponed the elections and Amended in Articles No. 199 and 212, which snatched all these powers from the High Court and Supreme Court, that they cannot heard the cases against Martial Law’ Authority.90 Although, the Amended Article 212-A removed the hurdles in the path of CMLA, but the sky was still overcast and the Judiciary and Establishment were not pleased with the current arrangements. It was the demand of the Military Courts that they should function without the Civil Intervention. While, the Superior Judiciary claimed that Military Courts were interference in their jurisdiction. Syed Sharif-ud-din Pirzada (1923-2017) and Mr. A.K. Brohi jurist (1915-1987AD) were the legal advisor of the President Zia-ul-Haq. They advised to Zia, solution of these political complications and entanglements must be found, so that they gave proposal to Promulgated the PCO. The political experts believed it was the idea of the adviser to imposition the P.C.O., CMLA endorsed it on March 24, 1981. Chief Martial Law Order No. 1. Was enforced as Provisional Constitution Order 1981(PCO March, 1981).91 Zia-ul-Haq apprised the public after the promulgation of PCO that with this order the stability of law and the threats confronted the national solidarity, and its remedies to address the assumptions and doubts about the powers of the superior courts. Infect the country faced a new constitutional crisis after the P.C.O.1981. Former Chief Justice Mr.

88 Hussain, Ejaz. “Military Agency, Politics and the State: the case of Pakistan”, PhD dissertation Heidelberg University, 2010, p.204 89Article 212-A; 1. Item 45 of the schedule to P.O. No. 14 of 1985, read with Revival of Constitution Order, 1985, (S.R.O. 1279 (I)/85 of December 29, 1985), omitted Art. 212A (December 30, 1985). The said Article was inserted by section 2 of the Constitution (Second Amendment) Order 1979, P.O. No. 21 of 1979, (w.e.f. July 5, 1977). Article 212-A; Establishment of Military Courts or Tribunals(1) Notwithstanding anything hereinbefore contained, the Chief Martial Law Administrator may by a Martial Law Order, provide for the establishment of one or more Military Courts or Tribunals for the trial of offences punishable under the Martial Law Regulation or Martial Law Orders or any other law, including a special law, for the time being in force specified in the said Martial Law Order and for the transfer of cases to such Courts or Tribunals.(2) The jurisdiction and powers of a Military Court or Tribunal shall be such as may be specified in a Martial Law Order issued by the Chief Martial Law Administrator.(3) Notwithstanding anything hereinbefore contained, where any Military Court or Tribunal is established, no other Court, including a High Court, shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of the Military Court or Tribunal extends and of which cognizance has been taken by, or which has been transferred to, the Military Court or Tribunal and all proceedings in respect of any such matter which may be pending before such other court, other than an appeal pending before the Supreme Court, shall abate. 90Mushtaq Ahmad, Judge in Politics, Jung Publishers, Lahore, 1992,p.189 91Nawaz Shuja, “Crossed Swords: Pakistan its Army, and the Wars With in, “, Oxford University Press, Karachi, 2008, p.121 72

Justice Molvi Mushtaq Hussain explained the reasons about “Provisional Constitution Order 1981” and said: “A writ petition of Air Marshal (R) Asghar Khan (1921- b) was under legal process in which the longevity of Martial Law was challenged in High Courts. The government anticipated that the verdict was against him, so they decided to send me at Supreme Court and meanwhile the P.C.O was promulgated.”92 He also explained that the state agencies informed that the decision of the court would be anti- government. However, it was assumed that the expected decision had been taken down. Hence, the government imposed the P.C.O. and abolished the powers from the Supreme Court, which had been accorded in Nusrat Bhutto case. The Times, mentioned in its editorial; “The objective of the PCO 1981 was to curb the freedom of the judiciary and restrained them”.93 When Zia-ul-Haq was accorded the right to amend the constitution, CJP, Mr. Justice Anwar-ul-Haq termed it a right decision according to the Theory of Necessity with the condition that the court will retain the right of Judicial Review.94 The Court would observed that these amendment by the CMLA has any legal sense or not, but Zia-ul-Haq imposed the interim Constitution 1981, he snatched the right of judicial revision from the Supreme Court.” Sheikh Anwar-ul- Haq further said, “It is beyond my Judgment’s Jurisdiction”.95Zia-ul-Haq promptly replied, you have accorded a person to amend the constitution, so he has also amended that the courts do not have the right of judicial revision any more. Hence, I have deprived you from this right by applied the powers conferred by you.96 According to Roedad Khan (b. in 1928), “The government wounded the judiciary with its sword and with the presentation of Interim Constitution. He has excluded the activities of Martial Law from the judicial process.”97As the Provisional Constitution Order enforced, the judicial institutions almost ended and all the powers were accumulated by CMLA. Now the boundaries of the military government extend, and the influence of the judiciary on the government was finished. According to the Article-16 of PCO, the CMLA had achieved the authority to amend the constitution. According to PCO Order No. 17; all the Judges of Supreme Court, High Courts and

92 Mushtaq Ahmad, Justice, Judge in Politics, Lahore, 1987, p.215 93The Daily Times, USA, March 29, 1981 94Zafar Iqbal, Aain Say Enharaf, Alfazeel books, Lahore, 1994, p. 86 95Zahid Yasin, Hypothetical, Political System of Martial Law: A Case Study of General Zia-ul-Haq, G.C. University Faisalabad, JPUHS, Vol.29, No.1, Jan - June, 2016, p.7-9 96Mehmud Malik, Athween Tarmeem Martial law Ka Tawan,Lahore,1996, p. 104 97Roedad Khan, Pakistan: A Dream Gone Sour, Oxford University Press, Karachi, 1999, p. 71 73

Federal Shariat Court along with their subordinate Courts were asked to take fresh oath, to perform their duties under the Provisional Constitution Order 1981.98 If these judges did not take oath for some reasons, then they would not continue their duties. The government tried to pressure judges to take oath again under PCO 1981, but some judges refused to do so. The Judges of High Courts were sworn in at their Provincial Metropolis, and Supreme Court Judges at Capital and date was fixed on March 25, 1981. CJP Justice Anwar-ul-Haq indiscriminately criticized the PCO and said that he would not take oath under the interim constitution; “While Zia-ul-Haq asked him to revise his decision.”99 However, CJP declined to do, Zia-ul-Haq said, “he would miss the advice of Justice Anwar-ul-Haq, but he accepted his resignation with a heavy heart.”100 The judges were bound to take oath again under the new legislation. As the superior courts had been prohibited to issue any order against the military courts, most of judges left their posts themselves. CMLA did not invite them for swearing in. These judges also included the Chief Justice Supreme Court, Mr. Justice Sheikh Anwar-ul-Haq (1917-1995AD), as due to his differences over PCO, he had excused from taking the oath. Eventually, Mr. Justice Haleem became the Chief Justice of Supreme Court of Pakistan. Two more Judges of Supreme Court also refused to take the oath included Mr. Justice Durab Patel and Mr. Justice Fakhruddin G. Ibrahim. Mr. Justice Molvi Mushtaq Hussain was not invited to sworn. Many Judges of the High Court also left their post as protest. Zia began to bring up his political agenda after getting entire the control on the judicial crisis. Fakhar uddin-Ibrahim said about Durab Patel decision, On 24 March 1981, Justice Durab Patel refused to take oath under the Provisional Constitutional Order (PCO), which not only negated the independence of the judiciary but also prolonged Martial Law by nullifying the effect of a judgment giving General Zia’s regime limited recognition. 101 As a signatory to the judgment, Patel could not take the new oath, given his strict conscience. A lesser man might have succumbed. The temptation certainly would have been great; for due to seniority, he was set to become the Chief Justice of Pakistan as soon as the incumbent retired the following year and would have headed the apex court for seven years. Justice Patel did not think

98Zafar Iqbal, Aain Say Enharaf , p. 194 99 Leslie wolf, Philips, Constitutional Legitimacy: A Study of the Doctrine of Necessity, Third World Quarterly, Vol. 16, No. 4, October, 1979, p. 9 100Khan, Hamid, 8th Amendment-Constitutional & Political Crisis in Pakistan, Karachi, 1990, p. 257 101Mushtaq Ahmad, Justice, Judge in Politics, p.270 74 twice about rebuffing Zia though, relates a fellow judge, Fakhruddin Ibrahim. As was the custom, the Chief Justice asked the question to the most junior judge, “Not without apprehension, I said, Sir, I am going home.102 The same question was put to my colleagues; most of them were ready to take the oath. “I walked up to Durab Patel, and asked him, “What is your decision?” Promptly and without the least hesitation, he said, “How can I take such an oath!”?103 Apparently, the new oath was required for the same reasons as prevailed in March 1981. When Zia ordered the new oath, a number of constitutional challenges were faced by Zia. Petitions were pending before the Supreme Court and the Chief Justice Anwar-ul-Haq was understood to have set them down for hearing shortly. The PCO killed all such petitions. Control over the judiciary was inherent in the logic of military hegemony all over the society. Such restraints were part of the structure of military rule.104 The constitutional history of country is full of constitutional eventualities as well as extra constitutional military adventurism. Country had practiced more than three provisional constitutions, three permanent constitutions and one interim constitution. Pakistan had been suffered five times to extra constitutional Emergency or Martial Law regimes, when the constitution was either abrogated or suspended. The functions of government were being carried on under Laws Orders or Provisional Constitution Orders. Martial Law was declared in 1958, 1969, 1977, 1999 and 2007. So the excessive military intervention ruled over the country for more than thirty years. In Pakistan, there is no guaranteed to stop the wave of Martial Law, even we has introduced the Article 6 too, but it was yet not effective in politics.

102Mehmud, M. Dilawer, The judiciary and Politics in Pakistan, Lahore, 2007, p.147 103Durab Petal, Military Dictatorship in Pakistan and the role of Judges, Lahore, 1989, p.198 104Omar Noman, Pakistan and General Zia: Era and Legacy, Third World Quarterly, Vol. 11, No. 1 Published by: Taylor & Francis, Ltd, January 1989, p. 22

Chapter 3 Constitutional Dilemma in Zia-ul-Haq Era: 1982-88 3.1 Political Activism and MRD

In Pakistan, every Martial Law regime abrogated or suspended the Constitution of Pakistan and promulgated legal order either under the title of Laws, under the name of Provisional Constitution Order (PCO). All CMLA declared that the country would be run as much as possible under the abrogated or suspended constitution paradoxically the political basis for the constitution was not considered viable but its administrative rules were adequate. Unlike the other organ of the state legislature, the judiciary was allowed to function but was deprived of the power to challenge the military government. All Martial Law regimes, included Supreme Court and High Court were allowed to exercise their respective powers and jurisdictions provided no court or tribunal would have authorized to pass any judgment against Military Administration. The first three Martial Law regimes 1958, 1969 and 1977, established the military courts. These courts were parallel to the existing courts in the country. The military courts were empowered to punish any person for the violation of Martial Law Regulations and for offences under ordinary law. Appeals against any decision or order of the military courts were not allowed to any court including Supreme Court and High Court. After the successful attack on Judiciary, Zia was quite comfortable. The PPP was officially defunct and the other parties and several other parties joined to form the Movement for the Restoration of Democracy. Although, new opposition alliance was on the political scene but Zia-ul-Haq never worried about the MRD. Zia- ul-Haq welcomed the alliance and invited to join the National Government. MRD demonstrated from time to time against Zia’s government, but Zia was unable to meet its demands. Many of the leaders spent time in jail. Its demands were simple, end of Martial Law and new Elections to be held soon but Zia was busy in state political affairs, he described the Majlis-e-Shoora and its salient features. After few months he said, the amendments in the constitution were indispensible for the complete imposition of Islamic system of government. In this regard a high level committee has been formed which aimed at produce balance between the powers of the President and the Prime Minister by examining various articles of the Constitution of 1973 and to compile the recommendations with the consultation of all political parties, in the light

76 of Islamic political framework. The Committee submitted recommendations to General Zia-ul-Haq, but he disagreed and rejected it. After the rejection of the report, he appointed a commission under the Chairmanship of Maulana Zafar Ahmad Ansari (1932-1989AD).The “Ansari Commission”1 was the target of criticism by various religious and political circles. In fact, the efforts for the level of the path of Presidential System of government were being initiated. A strong resentment was faced by the government from all corners and similarly the press strongly criticized the report. Jamiat-ul-Ulema-e-Pakistan (JUP) respond on the recommendations of the Ansari Commission about the elections to be held on party fewer bases, it said that; this report was entirely based on the wrong interpretation of the Islamic perspectives.2 Furthermore, the other political parties also rejected the report.

Actually, the objectives of Zia-ul-Haq was not to take the outcome of the legislative commissions to some conclusions but through these reports of various committees and commissions he desired to entangle the nation for the longevity of his rule. The MRD leaders kept on contemplating to whether take part in the elections or not and the political workers after the announcement of this decision started making efforts to get the ticket. In the first six months of 1984, on one side the news of the organizing of elections were coming and on the other side General Zia-ul-Haq was making strenuous efforts for strengthening his grip on the prevailing circumstances. President Zia-ul-Haq imposed ban on Students Unions and organizations under Martial Law regulation.3 Earlier the ban had been imposed on the students unions of NWFP province. The purpose of this ban was to create a positive environment for the elections, but with the imposition of this measure unrest was produced in the students nationwide and they staged a protest rally in Peshawar and then afterwards the hide

1Ansari, Zafar Ahmad, Zia-ul-Haq Shkhsiat Aur karnamey, Islamabad, 1988, p, 121 2Dr. Mazhar Hussain, Religio-Political Discourse and Jam’iyyat Ulema-e-Pakistan (JUP) a Careful Study of Different Narratives (1970-2003). International Journal of Social Science Studies Vol. 4, No. 6; June 2016, ISSN 2324-8033 E-ISSN 2324-8041, Page No. 24-36 Jamiat Ulema-e-Pakistan, JUP was founded after the founding of Pakistan in 1948 by the Allama Mohammad Abdul Ghafoor Hazarvi. He headed the party until 1970, and was succeeded (in order) by Khawaja Qamar ul Din Sialvi, Syed Faiz-ul Hassan Shah , Allama Shah Ahmad Noorani Saddique. 3The 9th of February is a day of infamy for the democratic fabric of Pakistan, where there was a tear so fundamental that it left but a few shreds of democracy left in this Islamic Republic. It happened so long ago that nearly two-thirds of this country’s young population is not even aware of it. How sad that those whose freedoms were snatched do not even know it. On this day in 1984, General Zia ul Haq imposed a ban on student unions in all colleges throughout the country (though in Sindh, forming student unions was already made illegal in 1979). Some people say this measure was to curb the violence on campuses between the Left and Right factions, Till the day ban is enforced in Pakistan. 77 and seek game started between police and students. The same tear gas and baton charge reminded of the previous governments attitude, and some new techniques were adopted this time, as blasts started to occur in the educational institutions, which were not bomb blasts, but these were enough to disturb the educational peace and tranquility. Hence, after under the recommendations of Ansari Report after 18 months, announced the non-party based elections schedule which exposed his political designs and this act negated his claim of possessing no political aims. Maulana Shah Ahmed Noorani (1927-2004)*, (later on Noorani) said that the government had lost its confidence just to see that would live up till March 25, 1985.”4 Zia-ul-Haq said, “I will make amendments in the constitution to pave the way for elections to be held on the basis of Shariat to remove this conceptual difference.”5These amendments would be made before the elections. He further said that he possessed all powers to amend the constitution as his government enjoyed full legal support. In fact, the desire of making amendments in the Constitution was perishing in the mind of General Zia-ul-Haq for quite some time, and for the materialization of this factor Syed Sharifuddin Pirzada and A.K. Brohi lent him full support and held a number of meetings with General Zia- ul-Haq. The “Times” disclosed the plans of Zia-ul-Haq about the political framework, according to the newspaper; such amendments will be made through which the seat of President will be strengthened, as only the rank of the President will suit him.6The fact has been verified by K.M. Arif who was the part of Zia’s Cabinet and very close to him, electoral process would be completed by March 25, 1985 and there would be new role for the armed forces and amendments would be made in the Constitution.”7 Zia-ul-Haq frequently stressed on the amendments in the constitution. He again reminded the nation, “Allah the Almighty gave him a task to accomplish and he will not leave it on the halfway.”8 He further said that the electoral process must be reversed and the elections of the Head of the State and the Prime Minister should be

4Javed, Saddique, Noorani Siasat, Shabeel publishers, Karachi, 1990, p.112 *Shah Ahmad Noorani October 1, 1926 to December- 11, 2003, known as Allama Noorani. He was a Pakistani Islamic scholar, philosopher, revivalist and conservative politician. 5 Baxter, Craig, Pakistan under the military 11 years of Zia ul Haq, Colorado, 1991,p. 181 6The Daily Times, USA, March 29, 1981 7Arif, Khalid Mehmud, Working with Zia, p.271 8 Zahid Yasin, Hypothetical, Political System of Martial Law: A Case Study of General Zia-ul-Haq, G.C. University Faisalabad, JPUHS, Vol.29, No.1, January - June, 2016, pp. 2-3 78 held first and then the election of public representatives would be conducted, who must be the members of Majlis-e-Shoora (parliament). He added that there were many threats to the national solidarity and in this regard according to his plan a referendum must be held to inquire from the public that which type of system of government they desired, Islamic or Western.9 Moreover, General Zia-ul-Haq has expressed his plans in such a way that the issue was not the transfer of power but it was actually the sharing of power with the elected public representatives. After a fortnight of the setup of “Interim Government” the Interim Constitution was imposed in which Articles 63 of The Constitution of 1973 were either omitted or modified. In Interim Constitution, there was no Objectives Resolution or the basic human rights. Majlis-e-Shoora was empowered to nominate the President and one or more than Vice-Presidents. The President was also conferred the power to make changes in the constitution according to the need of the hour. President Zia-ul-Haq kept on consulting with the political leaders for establishing a Federal Council or Majlis-e-Shoora. Although no leading politician supported it, even then on December 24, 1981, he announced the set up of Majlis-e-Shoora consists of 350 members and even 287 members had been nominated. The Shoora consist of one Chairman and four Vice Chairmen, 146 members were taken from Punjab, 71 from Sind, 52 from NWFP, and 18 from Baluchistan10. He explained that the elections have not been postponed forever but under the prevailing circumstances, the holding of election was like inflicting damage to national solidarity, country’s integrity and peace.11 The nominated members took Oath and they have given the task of establishing the society on the basis of Islamic principles. Pakistan Muslim League (PML), Jamiat-e-Islami (JI) and Pakistan People Party (PPP) also joined Majlis-e- Shoora. Major members from PPP declined to participate in Majlis-e-Shoora, but accorded permission to the subsidiary professional organizations functioning under PPP. The first session of Majlis-e-Shoora was held on January 11, 1982, President explained the objectives, duties and working jurisdiction of Majlis-e-Shoora. Khawaja Muhammad Safdar was nominated its Chairman. On 13th January in camera session held and foreign policy of the country was discussed first time after five years military

9Masood Akhtar Zahid, Dictatorship in Pakistan, A Study of the Zia Era, Published Article, QAU, Islamabad, p. 6 10 Syed Muhammad Ali, Politics of Alliance a Case Study of MRD (1981), (MSC Pakistan Studies, Islamabad, Allama Iqbal Open University of Islamabad, 1997, p. 65 11Ahmad, Ghafoor , Phir Martial Law Agya,p.256 79 coup. The censorship was imposed on the press, so the opinion of the members of Majlis-e-Shoora could not be disseminated to the common person. Only an official handout was released that the Shoora had endorsed the foreign policy of the government. The internal affairs were also reviewed in this session. The members criticized the rising ratio of bribery, unemployment and vagabondism and displayed their concern over the increasing events of terrorism. The members of Majlis-e- Shoora also demanded for the holding of Elections. Finance Minister, Ghulam Ishaq Khan became enraged on the comments of the members over the rising cost of living. Khawaja Muhammad Safdar declared Majlis-e-Shoora as equivalent to the National Assembly, and demanded the restoration of political parties. A special committee under Fida Muhammad Khan presented its recommendations in the session commencing from July 23, 1982. Committee suggest sixty per cent would be direct elected, twenty per cent seats for intellectual and technocrats and fifteen percent seats reserved for nominated by the president of Pakistan.12* Majlis-e-Shoora approved the report and after these recommendations and submitted to the President. Under the cover of Majlis-e-Shoora, the actual aim of President Zia-ul-Haq was that there must be some platform by which his sentiments must reached to the public. The public would outburst and the world should know that the measures for the restoration of political activities in Pakistan were being taken. Through Majlis-e-Shoora, General Zia-ul-Ha contact with political workers of different schools of thought and the political figures that could influence the public came quite closer to him. On April 3, 1982, the second session of the Majlis-e-Shoora was held. President Zia-ul-Haq said that the elections would be held soon, but the country could not tolerate the

12Lawrence Ziring, Public Policy Dilemmas and Pakistan’s Nationality Problem: The Legacy of Zia- ul-Haq, Asian Survey, Vol. 28, No. 8, California, USA, August 1988, pp. 3-4 *The salient features of the recommendations were as follows: 1.The voters at the time of their registration of the vote would have to declare that they were strictly observing the Salat and Saum.2.The elections must be held on the international principle of adult franchise. 3.The procedure of proportionate representation must be adopted. 4. The Parliamentary system of government must be implemented. 5.The elections must be conducted on the basis of party system. 6. Only those political parties would be allowed to contest which have been established on all Pakistan basis and keep faith in Pakistan’s solidarity, integrity and consider Pakistan as an indivisible unit. 7. The religious parties would have to hold elections after every five years and their heads must be God fearing and educated. 8. The members of a particular party must not be allowed to cross the floor after succeeding in the elections and change the loyalty with his party. 9. The members of National Assembly and Senate must possess an Islamic character and he must have acquaintance with the Quranic principles. 10. The Constitution of 1973 restored and the imposition of Islamic system must be ensured. 11. The guarantee of not suspending the basic rights must sure. The judiciary must be free and autonomous and must be separated from the administration. Necessary amendments must be made for producing balance in the powers of the President and the Prime Minis Necessary amendments must be made for producing balance in the powers of the President and the Minister. 80 confrontation and agitation. A similar statement was given by the Interior Minister, Mehmud Ahmad Haroon in Majlis-e-Shoora. Budget session summoned, however, it was passed on June 16. Later on Zia-ul-Haq issued an Ordinance about Islamic Banking.13 He said it is the first step towards the Islamic economic system in the country. Zia-ul-Haq gave the glad tidings of the elections to the nation on the completion of proper political system. In the same year, the Independence Day was celebrated with special enthusiasm and fervor. Zia-ul-Haq announced his policy about the future of the country’s politics in the session of Majlis-e-Shoora. He said that he has painstakingly contemplated on the constitution and political affairs and in this regard has reaped benefit from the Quranic verses and Hadith-e-Nabawi (PBUH). He also studied the books of renowned scholars and philosophers. Very soon the Majlis- e-Shoora’s members and nation came to know that their views were seldom given importance, but they had to be scolded very much; and those persons who had very sincerely joined Majlis-e-Shoora for the improvement of the prevailing circumstances were really disappointed. Khawaja Safdar in an interview gave this impression that due to the untoward behavior of the bureaucracy, the objectives of Majlis-e-Shoora could not be achieved, and by 9th October it became obvious that Majlis-e-Shoora had lost its attraction. The struggle was concentrated in the Sukkur and Hyderabad divisions of the province. There are approximately 11 million Sind 92 per cent of who are concentrated in this region. It is worth stressing that the 1983 movement received no support from Karachi, which, with a population in excess of 7 million, is the largest city not only of Sind but also of Pakistan. 14Less than 15 per cent of the inhabitants are original Sind. The efficacy of the Sindhi nationalist movement is severely hampered by the demographic distribution of Sind. Without enough support in Karachi, it is unlikely to destabilize the military regime seriously. In addition, the Sindhi movement appears to suffer from organizational fragmentation and the concomitant lack of a unified

13Lubna Kanwal, Zia, Islam and Politics of Legitimacy, Bahauddin Zakariya University, AL-ADWA, Multan, Pakistan,2015, pp. 3-6 *Significant and systematic changes aimed at Islamizing the legal system were initiated in 1979 and carried out under General Zia ul Haq. This process not only introduced religious and gender biases in Pakistan’s laws but also brought about far-reaching institutional changes in the country’s judicial system. Zia’s Islamization drive was ardently supported by religious parties, particularly the Jamiat-i- Islami (JI), which emerged as one of his regimes key coalition partners. JI’s founder, Maulana Abu Ala Maudoodi, endorsed Zia’s Islamization efforts. Various steps were taken in this regard. 14Fariha Khalid, Dilemma of Democracy in Pakistan 1988-2010, The Islamia University of Bahawalpur, 2012, p. 46

81 leadership. It was all too obvious in the 1983 movement. There was little evidence of joint action or of a collective common platform. The splits were due to ideological schisms as well as historical grievances, still unresolved amongst the participants. Since the 1983 movement, several attempts have been made to launch a broad alliance. The PPP, as well as the Mohajir Qaumi Movement (MQM), the representatives of migrants from India, have stayed away. However, what may occur is a much firmer alliance among currently disparate Sindhi nationalist parties. MRD advanced further from issuing statements to embark on movement against the government. On the eve of the sixth anniversary of Martial Law being observed on July 5th, the black day was observed nationwide on the request of MRD leaders. MRD chalked out a programme of distributing black flags, to be hoisted on the houses and staging a protest rally. In some big cities, the public put black bands on their arms but due to the imposed restrictions of the government and the arrest of the political workers the Black Day protest programme of MRD failed miserably and the public apart even no leader of the MRD evaded from doing so. Hence, MRD could not make any impact of observing Black Day.15 MRD had planned to initiate civil disobedience movement from August 14, 1983, proposed the name of the movement as “Save Pakistan Movement.”16 On the same day, the MRD workers hoisted black flags on the mausoleum of the Father of Nation, Muhammad Ali Jinnah and uprooted the railway track in the interior of Sind. The second worth mentioning event took place at Dadu, when participants of the MRD protest rally launched an attack on Dadu Jail and provided an opportunity for the release of 102 prisoners. Very dangerous criminals were also got released from the police stations and lock ups of Mooro, Dadu and at many places of interior Sind, who were later on found involved in many terrorist activities. The loss to state property and armed clashes with the administration created a grave situation. This movement continued for more or less than three months but its impact was made only in interior Sind. The first few years of Zia’s regime were extremely repressive for political parties, thousands of activists and leaders spend many months in jail although, PPP was the main target. Rasool Baksh Palijo from Awami National Party, spent seven years in jail, Jam Saqi of the Communist Party of Pakistan, becomes longest serving political prisoner. The dynamic and charismatic

15Syed Muhammad Ali, Politics of Alliance a Case Study of MRD (1981), p. 70 16Lawrence Ziring, “From Islamic Republic to Islamic State in Pakistan”, Asian Survey, September 1984, p. 5 82 student leader lmdad Chandio also spent five years in Jail. The public of Baluchistan and North Western Frontier Province did not show any interest in such activities. In Punjab, the protest rallies were taken out to the extent of the lawyers but this movement could not convert into to a nationwide movement. The lawyers also failed in their attempt to contain the laborers and students with them. Makhdoom M. Zaman (1919-1993) Talib-ul-Maula, of Hala also fell silent after few months. According to the official figures, 61 persons were killed in this movement including 12 from the law enforcement agencies, while 200 including 75 government servants were injured.17The main reason of the failure of MRD protest movement was the public never gave mental approval to the unnatural alliance of anti Bhutto element and Pakistan People Party. The parties included in the MRD had only one combined objective and that was the restoration of democracy and dismissal of Zia’s regime. Due to their mutual differences and varying temperament it could not be acknowledged as a united force. Hence, they could offer neither any alternative leadership nor any alternative programme. At that time, the Zia’s government was enjoying the support of major part of the public due to the slogans of Afghanistan’s Jihad and Islamic system of government. Contrary to this, the support of MRD by Indian Prime Minister Indra Gandhi (1917-1984), had created doubts about this movement.18The hijacking of plane and the incidents of terrorism and operation in Sind had made the environment of other provinces against this movement. The joining of criminals, who escaped from the jails and lock ups with the help of the workers of Jaey Sind, made it unacceptable for the nobles. Hence, Sardar Abdul Qayyum Khan and many other politicians got suspicious of MRD and either deserted it or became inactive. President Zia just two days before the commencement of the movement presented the election schedule and hence, snatched the basic slogan of MRD. Furthermore, the parties in MRD excluding PPP had so little influence on public that it would ignore those parties while making party decision. For instance, it was decided by the MRD leadership that during the regime of General Zia-ul-Haq, no scheduled election would be contested, but PPP without the consultation of other parties decided to take part in the Local Bodies

17The Pakistan Times, Karachi, August 15,1984 18Mumtaz Ahmad , The Crescent and the Sword: Islam, the Military and Political Legitimacy in Pakistan,1977-1985, Middle East Journal, Vol. 50, No. 3, Summer, 1996, pp. 3-7

Elections. It was apprehended by this action that it was not the war of principles but the struggle for getting power. On the surface, at least, General Zia ul-Haq appeared by the end of 1984 to be more firmly in control of Pakistan’s destiny than a year earlier, or indeed than at any previous time during his rule. Whether that impression of control was real or deceptive, and how long it will last, depends largely on Zia’s ability to outmaneuver and overwhelm domestic opponents, to maintain economic growth, and to respond effectively to foreign policy challenges on two borders, to say nothing of carrying out the electoral and social programs he has projected. Despite recurrent predictions of his political demise, Zia-ul-Haq continues to demonstrate successes on all of these fronts, but not without some resistance and potential problems. The MRD has vacillated from being an active opponent to the Zia regime to one lately, as is the case since August1986, whose existence is of little significance. Brought together on a minimum programme to oust General Zia and to hold elections, the MRD has failed miserably in this task. The MRD has acted as a pressure group and has had the support of the public, but the general shave out witted the alliance and have not given it much importance and have ignored its existence. The MRD has the movement (wrongly) credited to it. This movement, which awakened the sleeping generals, shocked the entire world when a sleepy, relatively docile people (as it was thought) suddenly stood up against the tyranny of the regime and empty handed fought the mighty arm our of the military. The people of Sind, for the first time in many years, collectively expressed their anger at the way the country. Was run since1977. They fought the army for they felt that their democratic and national rights had been severely suppressed. They fought against the political repression of the army and against their economic programmes. The Sind his also fought to avenge the death of their martyred leader, Bhutto. The 1983 movement, on which much has been written, was essentially organized by political groups working in Sind, and amongst the peasants of Sind. The Sind Hari Committee, sections of the People’s Party and, playing the lead role, the Awami Tehreek were the main organizers of the movement. The movements which start equate innocently with the leading feudal of Sind playing the leading role in their demand for democracy, soon progressed to one in which the class and nationalities question became the most important.

3.2 Referendum 1984 and General Elections 1985 According to the Encyclopedia of Britannica, “Referendum” is such an electoral procedure in which the electorates express their opinion about policy a particular matter or amendment in the constitution. “When the electorates of a jurisdiction inside a geographical boundary had to give their opinion on an issue which could not be solved traditionally, then the prevalent procedure adopted to seek the decisive opinion, then it is called as “Referendum”.19 The referendum is a major source to gage the public pulse, opinion and ideology on particular and significant national issue. In the recently history, it also been used to get rid of the colonial powers in general or making alliance with other country or getting the membership of some regional or international organization. In many countries, referendum is conducted about the new amendments or the endorsement of the old constitution. The first ever referendum held was in Massachusetts State, United States. Later, the referendum was held in Switzerland about the constitution. In 1971, the women were accorded the right to contest the central elections through a referendum. Eventually, for constitutional amendment to hold of referendum became a custom. European Nations also holds referendum in 1993 to establish the European Union.20 Earlier before partition for the implementation of the formula of India’s partition in two provinces, referendums were held, on July 16, 1947, in East Pakistan’s (presently Bangladesh) Province of Sylhet and second on 16th and 17th in North Western Frontier Province of British India. On both occasions, the opinion of public was sought that whether they wanted to join India or Pakistan. The public of both the states voted in favor of Pakistan. From August 14, 1947 to April 30, 2002, three referendums were held in Pakistan and all of them were held for the Presidential Election. In history of country, three referendums have been held, the first was held in 1960, 1984, and last in 2002. Ironically, all referendums were conducted by the military dictators. Hence, Ayub Khan holds a referendum to seek the post of the

19 Pervez Shami, Jerneloon key Referendum, Sadiq Publishers, Lahore, 2002, p.74 *Referendum a vote on a ballot question is a direct vote in which an entire electorate is asked to vote on a particular proposal. This may result in the adoption of a new law. When a country’s citizens are invited to vote, it is usually for an election. However, people can also vote in referendums. Since the end of the eighteenth century, more than five hundred national referendums were organized in the world. 20European Union (EU) is a union of twenty-eight independent states based on the European Communities and founded to enhance political, economic and social cooperation Date of foundation: 1st November, 1993. The euro currency was introduced on 01.01.1999 as an accounting currency, euro coins and banknotes are in circulation since 2002. 85

President through the procedures from 80,000 Basic Democracies members.21 It was the first referendum of the country, which was held before going into the details of the first Referendum of 1950, it is pertinent to know the salient features of the basic democracies system briefly, introduced by Ayub Khan in indirect way, because the “Local Government” has been a basic weapon of each dictator conducting referendum in Pakistan. On October 26, 1959, Ayub Khan abolished the previous Act and imposed an Ordinance of Basic Democracies. Under the Ordinance; a principle was devised to establish separate councils in each city, village, Tehsils, Districts, Divisions and Provinces. Later, rest of the elections would be held according to the adult franchise system. Under this Ordinance, first phase of the lections was held in 1959, second phase was in 1962 and third in 1964. In first ever-Basic Democracies Elections of 1959, 80,000 BD members were elected from all over Pakistan. Ayub Khan declared these institutions as electoral colleges and organized a presidential referendum on February14, 1960. He has elected the President of Pakistan by securing 75283 votes out of total 80,000, and took the oath of his office on February 17, 1960. The ratio of the votes obtained by him was 95.60 per cent.22 In 1984, the number of registered voters had shot up to a figure of 34.80 million The Chief Election Commissioner declared the results and the percentage of the vote cast in the Referendum was 64 per cent out of which 97.71 per cent replied in “Yes” and hence Zia-ul-Haq succeeded in implementing the first phase of his plan.23 In the Referendum, the results became suspicious and doubtful due to the turn out shown in the outcome. The Referendum can be termed as a dark chapter of our history on the basis of its logic, approach, environment and turn out. On April 30, 2002, another darkest chapter of the constitutional history of Pakistan was added; the details of this referendum will be discussed in the chapters of the current research to follow. In any type of referendum, the basic importance is possessed by the participation of electorates and their number. It is revealed from the history that every candidate of President’s office (without any opposing candidate) achieves victory by securing more than 90 per cent votes. In every referendum, the result is declared according to the desire of the solitary candidate; however, it is mandatory to create an environment of the polling to prove

21Mehmud Safdar, A Political Study of Pakistan, Jung Publishers, Lahore, 1988,p.248 22The Daily Dawn, Karachi, February 20,1960 23Dr. Mughees Ahmad, Legitimacy Crisis in Pakistan: A Comprehensive Study of the Political Behavior, Journal of Political Studies, 2010, p. 6 86 that the result is right. The major dilemma was what to do with the presidency, which Zia assumed in 1978 in addition to his positions as Army Chief of Staff and Chief Martial Law Administrator. He had already indicated his intention to increase the powers of the president in the now suspended 1973 constitution. During 1984, Zia’s willingness to continue in control became increasingly obvious. In April, he repeated his earlier declarations that he had no political ambitions and that he would not contest the forthcoming elections. Zia-ul-Haq explained the purpose of the referendum; General Zia emphasized the need to dispel uncertainty concerning the focus of authority during the transition to civilian rule. The referendum provided him a means to strengthen. On the political front, Zia faced strong opposition from MRD. In December 1, 1984, the referendum was announced by General Zia-ul-Haq on media. After the declaration of the schedule, President Zia-ul-Haq launched a public campaign and addressed a number of public meetings all over the country. The members of Majlis-e-Shoora were sent to their areas to level the opinion of public in favor of the referendum and motivate them to cast their vote on the polling day. The punishment was announced for those who would try to abstain from voting or boycotted the polling and in this regard, an ordinance was issued. Zia-ul-Haq declared during the referendum campaign that he would depend on Pak Army for his success. The army was described as 37000 Elected Local Councilors, who were elected in 1983 Local Bodies Elections, moreover, 1, 75,000 Nazimeen of Zakat-o-Usher and 1,80,000 Nazimeen-e-Salat were part of his army.24 Apart from this, 2.5 million serving and retired army persons were also included in this total. The votes of the army personnel, semi-military organizations, civil servants and the employees of local bodies were cast by the post ahead of the polling day. A question had been asked from the public in the referendum that: Do you support the act of President of Pakistan, Zia-ul-Haq, which he has commenced for getting the national laws harmonious with the Islamic commandments according to the Holy Quran and Sunnah (PBUH) for the protection of Pakistan’s ideology. Do you support this process to continue and further adorn and transfer of power to the elected public representatives in a peaceful manner?25 During referendum further explained his stance and said that the public had to decide that do they support the policies of the government and do they believe in Pakistan’s

24Muhammad Wasim, Pakistan Under Martial Law 1977-85, Lahore,1990, p. 218 25William L. Richter, Pakistan In 1984: Digging Inn, Asian Survey, Vol. 25, No. 2, ,California, USA, January & February , 1985, p. 3-5 87 ideology and desire its protection? Do they support the imposition of Islamic system of government and are in the support of accelerating the process and stabilizing it. Do they wish to complete the electoral process by March 23, 1985, under the August 12, 1983, programme and without putting the national solidarity at stake the power should be transferred to the public representatives in a peaceful and disciplined way? Then the positive reaction of the public would mean that they have displayed confidence on the present government of Pakistan and supported its policy and in this way, General Zia-ul-Haq was being elected President of Pakistan for the next five years and his period of the President ship would be from March 25, 1985 to March 1990.26 He further said that this unusual procedure of election was being adopted due to amazing circumstances for which amendment would be made in to constitution. After that, Zia- ul-Haq issued a presidential ordinance, which was about the referendum that it would be held on December 19, 1984, and that this referendum would not be challenged in any Court or Tribunal. Thus, President Zia-ul-Haq got himself elected for another term of five years. The Pakistan Election Commission declared the results, and 62.21 per cent of the total population exercised their right of vote and out of these 97.71 per cent casted their vote in support of the Referendum, 27 which was a positive reaction. In spite of these arrangements on the Referendum Day, the polling stations were presented a deserted look and no such activity was observed which would have confirmed the fact that the voters had come out of their homes. According to media reports only 10 per cent electorates cast their right of vote, but the official statements by the Chief Election Commissioner continued to be highlighted, which showed turnout was more than 64 per cent. The Election Commission deliberately informed an incorrect ratio. According to ECP 62.21, per cent votes were casted, and General Zia-ul-Haq got 97.17 per cent votes. The total registered voters were 35.5 million and out of these 21.8 million voters cast the votes, while 21.3 million voters put the stamp on Yes. While, contrary to this MRD claimed that only 5-10 per cent registered electorates used their right of vote. However, the actuality was in between both claims. It is a fact that majority of voters did not go to the polling stations. The reason was not the appeal of MRD, but as only one candidate was in the contest and had no rival, so there was no activity as enthusiasm lacked. Furthermore, the result was already

26Pervez Shami, Jerne loon key Referendum, p. 187 27ECP.com. Referendum 1984 &The Daily Dawn Lahore, December 24, 1984 88 known, then why they should wait in a cue for their turn? This logic is also worth consideration that “If the public had followed the appeal then the government had announced a result against the actual polling then there would have been agitations and disturbances as the public could never have tolerated rigging. There is no denial to this fact that the “State Angels” played a vital role in making the referendum a success. Anyhow, MRD also could not make any advancement in the achievement of their objectives neither before referendum nor on the day of referendum. In every constitution, some particular system prevails. If any other procedure is adopted then it is called as deviation from the legislature. Sometimes the amendment in the constitution is made under the necessity of public. In the modern democratic societies whenever some amendment is made, it is aimed at providing protection to the public and political rights. Such amendments are given public approval to produce acceptable balance in the individual or collective matters, duties and rights between the government and society, freedom, restrictions, powers and licentious authorities. In this process, the participation of followers of several schools of thought will make the course of action foolproof. Because of the referendum, which became a source of mockery in the streets and lanes, General Zia-ul-Haq happened to be the President of Pakistan for the next five years and his term started from March 23, 1985 to March 22, 1990. Professor Ghafoor Ahmad bitterly criticized on; Zia-ul-Haq has openly canvassing for the vote of public in his favor. “Your vote in my favor will be the vote in support of the Islamic democracy to be imposed till March 23, 1985.”28The referendum was criticized in the public and political circles. The “London Times” published an article entitled “In the name of Allah.” In December, General Zia-ul-Haq organized a referendum and through this activity, he protected his rule and himself for the next five years. As a well-wisher of Islam the rigging was managed with so much foolishness and ridiculously that, even the communist dictators would have felt shame in doing so.29 According to the PPP voter’s point of the view that 19 December’s Referendum was a strange act of drama.30 The MRD has appealed for its boycott. When the result declared Zia-ul-Haq succeeded with great majority. In response, Mr. Asghar Khan said, “it was a big joke with the nation, as we already knew that his

28Ahmad, Ghafoor, General Zia Key Akhri Giarah Saal, Lahore, 1988,p. 315 29The London Times, London, December 28. 1984 30Azhar Sohail, General Zia key 11 Saal, Firoz sons Publishers, Lahore, 1988, p.97 89 intentions were not about retrieving.”31The way the referendum was being held that it was an improper and ridiculous step. First of all nobody had been allowed to speak against him and there was many restrictions, on the movement and this was a one sided referendum. The polling stations on the polling day were giving a deserted look and very few electorates went to the polling stations. Whereas, the duty of casting sacred verification votes about the Islamic policies of Zia-ul-Haq were fulfilled by the local body members and the government functionaries. A single person casted sixty to seventy votes where the voters did not turn up, the administration directed the staff to fill the ballot box by putting stamp on the ballot papers. Ghulam Mustafa Jatoi said that only 5 to 6 per cent of the voters turned up and casted their votes.32 Hence, how someone could accept the results of the referendum, the corruption in the referendum was now exposed. It brought notoriety to the country within and in the outer world. Zafar Mehmud mentioned that the referendum held in December and the objective of this was only to the achievement of the rule the government’s assessment and the guess of the public had difference of about three folds, for instance, the official declaration was 62 per cent and the general opinion was about 20 per cent.33 After strengthening his position through the doubtful referendum, Zia-ul-Haq now possessed no threat from the expected National Assembly to be elected in the elections. Hence, he announced the schedule of the General Elections on January 12, 1985 in a Radio &Television Broadcast. According to this announcement, the Elections of the National Assembly would be held on February 26, 1985, while the Provincial Assembly elections have scheduled to be held on February 28, 1985.34 Zia-ul-Haq said that elections would be held on party less and adult franchise basis. The Elections of the Senate would be held in the mid of March and the inaugural session of the parliament would be convened on March 23, 1985. Finally, the ECP announced the scheduled for 217 MNA Seats for National Assembly, 10 Seats for Minorities and 10 Seats for Women because according to the PCO the seats of National Assembly had been improved 217 up to 237 and the Seats of Senate

31Lawrence Ziring, Public Policy Dilemmas and Pakistan’s Nationality Problem: The Legacy of Zia- ul-Haq, Asian Survey, Vol. 28, No. 8, California, USA, August 1988, pp. 11-14 32 Mumtaz Ahmad , The Crescent and the Sword: Islam, the Military and Political Legitimacy In Pakistan,1977-1985, Middle East Journal, Vol. 50, No. 3, Summer, 1996, pp. 372-380 33Zafar Mehmud, Athween Tarmeem Martial Law ka Tawan, Lahore, 1995, p. 141 34Arif, Khalid Mehmud, Working with Zia, p. 264 90 increased up to 87 members.35 Although, it was party less elections but public and political parties took part very actively, MRD had again appealed for the boycott the Elections, so once again PPP left the battle and other political parties got walk over; specially, JI, PML candidates won with majority. Therefore, PPP again lose the chance, even 22 members of PPP win seats as an independent candidate. Contrary to referendum, the tendency to cast the vote by the electorates was on the rise. The polling for the National Assembly and Provincial Assemblies would be held on February 26 & 28, 1985. According to the results of the Election Commission of Pakistan, the combined turnout for the National and Provincial Assemblies were recorded between 53.90 per cent. The pro state newspaper “The Pakistan Times” floated an exaggerated figure of 70 per cent turnout in the elections.36 These figures were quite rubbish and extraordinary in the political history of Pakistan. In the absence of policy prescriptions, the candidates mobilized support from traditional sources of authority and power. The dominance of the propertied classes is reflected in the composition of the National Assembly. Backgrounds of National Assembly’s Members were Landlords and tribal leaders 157 Businessmen 54, Urban Professionals 18, Religious leaders 6 and other only 3.37 The turnover of elections was quite satisfactory, before the oath taking Zia-ul-Haq made the fundamental changes in the Constitution of the Pakistan 1973. The General Zia was looking for a civilian partnership. A contradiction was inherent in the institutional structure created in 1985. The powers that the military were willing to grant to the legislature made its position untenable. The large turnout was seen as a mandate to terminate military rule, albeit in stages. The phased nature of the process imposed constant pressure on the legislature to be seen to be acting with a degree of independence from the military and to take steps towards the gradual transfer of power to the civilians. From the army viewpoint, it was a structure, which required sensitive handling if it was to deliver benefits. After all, if it was successful it could have provided an institutional mechanism for extending military control up to the end of the twentieth century.

35Emma Duncan, Breaking the Curfew, London, 1989, p. 147 36The Daily Pakistan Times, Karachi, December 22, 1984 37Omar Noman, Pakistan and General Zia: Era and Legacy, Third World Quarterly, Vol. 11, No. 1 Published by: Taylor & Francis, Ltd, January 1989, p. 38 91

3.3 The Revival of Constitution Order 1985 and 8thAmendment

PPP boycotted the election 1985; Zia nominated Mohammad Khan Junejo as Prime Minister, subject to a vote of confidence in the National Assembly. Junejo, a Sindhi, took office on March 23, 1985. Zia issued the Revival of the Constitution of 1973 Order, which was a misnomer. The constitution was so vastly changed by various decrees that it was much different from the one enacted by the Bhutto regime. In the 1973 document, power had been in the hands of the Prime Minister; by 1985, it was in the hands of the President. The newly elected members have not yet taken the oath and Zia-ul-Haq started to feel this fact with great intense that to execute the duties of the President more effectively, amendment in constitution must be made. In order to fulfill his desire, he had long discussions with the legislative experts Syed Sharifuddin Pirzada and Mr. A.K. Brohi and eventually, the amendments were prepared. The political experts are of the view that the schemers of the Constitutional Frame work were these two experts who played a significant role in the formation of the personal strategies of Zia-ul-Haq. After polls of 1985, the pressure of public and political parties and international community was enhancing on Zia-ul-Haq to restore the constitution. In this regard, Zia issued a Presidential Order No. 14, Restoration of the Constitution Order 1985 on March 2, 1985.38 According to, Zafar Mehmud Malik, through R.C.O., sixty-four articles altered. These amended articles were as under:

1, 2, 5,27,31,41,46,47,48, 50, 51, 54, 56, 58, 59, 62, 63, 70, 71, 73, 75, 90, 91, 92, 93, 94, 05, 96, 99, 101, 105, 106, 112, 113, 116, 129, 130, 131, 132, 122, 134, 135, 136, 139, 152, 175, 179, 180, 195, 196, 198, 199, 200, 203, 203, 203, 20, 212-A, 213, 232, 242, 243, 255, 270, 280.39 Zia-ul-Haq, further on March 10, restored 252 Articles out of 280 Articles in Constitution and the rest were kept suspended. The Articles, which were not restored included basic human rights, appointment of high officials, appointment of ECP and the articles to sabotage the constitution. Hence, the constitution was restored without its most basic and significant Articles. Before transferring the constitutional authority to the National Assembly, General Zia-ul-Haq made many amendments in the constitution. Due to these amendments, the Federal Parliamentary Constitution of 1973was entirely changed into a Presidential System of Government. In spite of more

38Azhar Sohail, General Zia key 11 Saal, p.79 For details see Appendix-II P. 290 39Mehmud Malik, Athween Tarmeem Martial law Ka Tawan, p. 93 92 than 64 Articles changed in the Constitution, although, it remains somewhat parliamentary, but the balance of power tilted toward Zia-ul-Haq making it totally partial. The following powers were centralized in the personality of President, Zia-ul- Haq: the nomination of the Prime Minister and the Chiefs of Army, Air Force, Navy, and appointment of Governors and Judges of Supreme Court and High Courts, selection of Chief Election Commissioner, in addition to the nomination of the Prime Minister and above all the dissolving of the National Assembly. In the Constitution of 1973, the dismissal of the government was conditional with the advice of the Prime Minister. In the wake of unfavorable circumstances and he does not enjoy the majority in the house or the political situation becomes out of control, then the Prime Minister could advise the President to dissolve the National Assembly. Hence, within 48 hours of the advice the National Assembly would be automatically dissolved. However, after these amendments the President was authorized to dismiss the Assembly according to the discretionary powers of the President, if he was not satisfied that the performance of the National Assembly in accordance within the Constitution. These amendments were not ordinary nature; it was against the spirit of Constitution of the 1973. The Constitution, which was political and parliamentary nature changed into dictatorial legislature. The objectives of the amendment were to protect his rule. In a bid to prolong his rule, Zia-ul-Haq made amendments as his mind desired in the Constitution. Zia-ul-Haq could not trust even his own selected assembly and desired to keep his grip on the entire political system of the country. The Referendum was also a part of this sequence. Due to the amendment, President Zia-ul-Haq was conferred the power to hold the offices of the President and the COAS up to March 25, 1990 and also getting the authority to nominate the Prime Minister for the same period. The political observers considered that due to these changes the political basis of the constitutions were destructed and the position of the Prime Minister also became quite weak and limited, while the President got extra ordinary powers. Justice (R) Amir Ahmad Khan said the amendments had de-shaped the constitution and the R.C.O has worsened the actual face of the unanimous constitution.40 In this way, some parts of the constitution have been sacrificed for the restoration of the country’s constitution and democracy. Barrister Farooq Hassan termed this democracy as individual dictatorship and the conduct of election as

40Zafar Iqbal, Aain Say Enharaf , p. 175 93 purposeless.41 Barrister Aitzaz Ahsan said that, “in fact in the Restoration of Constitution 1985, the Martial Laws survival is concealed as old wine has been filled in a new bottle.”42 Due to the Amendments in the Constitution, the system of Martial Law appeared as very strong and energetic. It is apparent that Zia-ul-Haq was satisfied as these amendments were made on his best and the objective of these changes was to retain his rule. In the legal circles, a long and unending debate was commenced against the measures adopted for the restoration of constitution. By nominated, the Speaker and Deputy Speaker of National Assembly, Chairman and Deputy Chairman of the Senate, Provincial Governments and selection of the Prime Minister were at peak. Hence, in hustle and bustle, the politicians and the public could not apprehend the actual spirit of the R.C.O., as the revival of political activities had given a new flair to their passion due to which the public was very much delighted. But in the political circles this step was extremely criticized. This was a bad omen for the politics as no Prime minister could feel himself independent. On March 23, 1985, Member of the National Assembly, Muhammad Khan Junejo (1932-1993AD), (later on only Junejo) was nominated as the Prime Minister by President Zia-ul-Haq, in the joint session of the Parliament, he was sworn in as Prime Minister of the Islamic Republic of Pakistan. Junejo was unfamiliar in politics and a dummy Prime Minister. On being nominated, Junejo promised the nation that he would lift the Martial Law and restore a civilian government as soon as possible. Junejo’s position was weak and vulnerable under the constitutional amendments made by Zia, which made the position of the President paramount and that of the Prime Minister subordinate. Despite his weak position, Junejo, after being sworn in as the Prime Minister, carried out his promise of lifting the Martial Law and the restoration of fundamental rights, but at the price of the Eight Amendment and validating the Revival of the Constitutional Order. Furthermore, there was restriction on the political parties; hence, ideological differences were exposed. The Assembly was divided into two groups. One was the government parliamentary group, which included Dr. Sher Afgan, Abida Hussain, Mir Taj Muhammad Jamali, Yasin Watto, Ch. Anwar Aziz, Ch. Shujaat Hussain, Iqbal Ahmed Khan, Abdul Ghafoor Hoti, Hamid Nassir Chatta, Salem Saifullah Khan, Nasim Aheer, Aslam Khattak, Khaqan Abbassi, Rana Naeem, Dr. Mehboobul Haq,

41The Daily Pakistan Times, Karachi, March 29, 1985 42Mehmud Malik, Athween Tarmeem Martial law Ka Tawan, p. 98 94

Yaqoob Ali Khan and Attiya Inayatullah as prominent members of the group. While the opposition group was known as “Independent Group”43 this group comprised of Fakhar Imam, Elahi Bax Somro, M.B. Bhandari, Hajji Saifullah Khan, Javed Hashmi, Sheikh Rashid Ahmed, Raja Zafar-ul-Haq, Abdul Hameed Jatoi, Maulana Gauhar Rahman and Mumtaz Ahmed Tarrar. The group of 37 members had no proper manifesto and neither had they any president, as most of the members were not well known. However, this group gradually began to get its position recognized on the political front and due to this group; sufficient activities were observed in the house. The Independent Parliamentary Group got its significance acknowledged in the Assembly when it achieved its first success and its candidate for the Speaker, Syed Fakhar Imam defeated the government’s party candidate who was nominated by President Zia-ul- Haq convincingly defeated by voting 119/111 Khawaja Muhammad Safdar to display its political power.44 Ghulam Ishaq khan becomes the Chairman Senate of the Pakistan. Nawaz Sharif becomes Chief Minister of Punjab, M. Arbab Jahangir at NWFP, Ghous Ali Shah at Sind and Baluchistan Jam Mir Ghulam Qadir becomes the Chief Ministers. Apparently, Zia-ul-Haq was not happy with this result and had kept the thorn of his first defeat in his heart. After few months Syed Fakhar Imam could not fight the power and political cleverness of Zia-ul-Haq and was replaced by the nominated speaker of Zia-ul-Haq Hamid Nassir Chatta. After this incident, the independent parliamentary group launched a series of criticism on the government. Junejo addressed the nation that the Martial law would be lifted in a few months and he provided a practical proof of this by nominating a committee in the National Assembly under the chair of Aslam Khattak (1908-2008) with a task to present a report about the political framework of the future.45 This committee began to function and simultaneously another committee was formed to legislate for the restoration of political parties in the Senate, as on July 5, the Martial Law government had imposed ban on all political parties. On July 27, the Federal Minister Iqbal Ahmed Khan

43M. Salman Azhar, Decentralization Reforms in Pakistan during Ayub and Zia Era, Journal of Public Administration and Governance, Marco Think Institute, Vol. 2, No. 1, 2012,pp.5-7 *Independent Parliamentary Group, IPG, and After the General Election of 1985 some individuals politicians were gathered on the plate form of National Assembly. They showed their strength on the eve of the selection of the speaker of the National Assembly and later on the eve on the 8th Amendment. 44Azhar Sohail, General Zia key 11 Saal, p.79 45Azhar Sohail, Sindhri Say Ojhri Camp Tak, Jung publishers, Lahore, 1988, p.147 95

(1932-1997) said that “The government in abed to give indemnity to the measures adopted from July 5, 1977 to March 10, 1985, and present a Bill in the National Assembly. The objective of the Bill was to given legal protection to all its decisions.”46 He said that, “The president enjoys the power to make amendments in the constitution due to the decision of Nusrat Bhutto case from the Supreme Court, hence, the R.C.O. and other MLO up to March 10, 1985, have automatically become the part of Constitution.”47 On September 7, 1985, Cabinet meeting was held under the Prime Minister, Muhammad Khan Junejo in which the matters of future political framework and restoration of the political parties came under discussion. The recommendations about both these matters were presented by Aslam Khattak and Malik Fida Husain’s Committee. This meeting was a milestone for the future politics of the country as the determination of the future of Martial Law also relied on the ultimate approval of the Bill. However, on the very next day the loyal bureaucracy of Zia-ul-Haq presented the Bill of 8th Amendment in the constitution in the House. Thus, the tension between the President and the Prime Minister was commenced. The Constitution of 1973 was formulated unanimous in a democratic way; moreover, legislature rules and regulations about the state had been determined. Prior to this seven amendments had been made. Zia-ul-Haq decided to give indemnity to the measures of Martial Law government through proposed 8th Amendment. The Constitution of 1973 was neither astringent nor flexible as it is a semi resolute Constitution. The procedure of the amendment in the constitution has been classified in Article 238.The approval of both the Houses, National Assembly and Senate is mandatory. The Bill can be presented in any one of the houses; if an ordinary law is presented for amendment then simple majority is adequate but for amendment in constitution two third majorities is required. According to the prevalent procedure, discussion was held in both the houses and after approval from both the houses; the document submitted to the President. After the approval of National Assembly, the Bill presented in Senate, which was bound to approve the Bill within 90 days. If it is not approved by the Senate within the stipulated time, then again it will be presented in National Assembly for discussion. But it is the discretion of the President that whether he considers more discussion is required on the Bill then the President can

46Ghafoor Ahmad, Phir Martial Law Agya,p.256 47 Rathnam Indurthy, The Fragility of Democracy in Pakistan: the Military as the Root Cause, The Indian Journal of Political Science, Vol. 52, No. 3 ,July - Sept., 1991, pp.4-6

96 send the bill in the lower house and if the Bill is approved by both the houses then after the signatures of the President, this document become a part of the constitution. None of the legislation, of the Federal Parliament can be challenged in any court of law. The National Federal Parliament was fully powered in its area of jurisdiction. The National Assembly coming into being because of the party less election after strong opposition got the Bill back. Haji Saifullah Khan warned that if the 8th Amendment Bill was passed in its present condition then it would be the survival of Martial Law and the murder of the Constitution of 1973.48 He further said, this unfortunate step would produce political crisis in the future. Due to the 8th Amendment Bill presentation a political turmoil in the constitutional history of Pakistan and a series of criticism commenced in the public, political and legal circles. The government was making contacts and efforts on various levels. The opposition leaders inside and outside the national assembly indiscriminately criticized the eighth amendment and it procedure of passing. The IPG in the National Assembly, Elahi Bux Somro declared it as unacceptable. Prof. Khurshid Ahmad stressed the need to make further amendments in the bill to make it acceptable. The political parties of MRD had boycotted the poll; hence, significant personalities were missing from the political assembly. Outside the assembly were Qazi Hussain Ahmed, Ghulam Mustafa Jatoi, Sardar Mir Balkh Sher Mazaari, Asghar Khan and Ghous Bax Bizenjo, who criticized the Bill intensely. The government members in the National Assembly, Iqbal Ahmad Khan and Hamid Nassir Chatta defended the Bill and termed it the only way to get rid of Martial Law.49General Zia-ul-Haq had made it clear to his companions that unless the National Assembly did not approve the Bill of 8th Amendment, he would not lift Martial Law.50 On September 22, bilateral dialogues were held between the Government Members and the Independent Parliamentary Group (IPG) and a committee was constituted with reference to this Bill, which included the members of both the groups. Its Chairman was Minister of Law and Justice, Iqbal Ahmad Khan. Due to the differences among the members of basic nature, the committee could not reach any conclusion. Hence, the Prime Minister orders to accelerate the speed about the Bill. In fact, Junejo desired to take the credit of elimination the Martial Law

48Zafar Iqbal, Aain Say Enharaf , p. 197 49Arif, Khalid Mehmud, Working with Zia, p. 311 50Azhar Sohail, General Zia key 11 Saal, 146 97 himself. In this regard he hold meeting with the President about the elimination of Martial Law and approval of the 8th Amendment and the President remained successful apparently as on his desired conditions the President compiled the sharing of rule formula with Junejo. Actually, Junejo remained subordinate in this deal. While within the government party, the amendment was strongly criticized. In the light of these facts, if we declare the political system of 1985 a beautiful blend of army and politicians, then it would not be out of place. Zia-ul-Haq never cared about any formalities and in this regard even after 1977 he would make amendments in the constitution. His aim was not to transfer the power but sharing the power. Zia-ul-Haq held meetings with the members of National Assembly of the Independent Group and discussed with them the presentation of Bill for the removal of Martial Law and the defects of the Bill.51 The parleys between the government and the opposition continued and both parties presented their logics about the matter. The Prime Minister Junejo said in a press conference that an agreement had been reached between the government parliamentary group and the independent parliamentary group on the matter of amendments in the constitution.52 He said that it would be his earnest desire to achieve unanimity of total house about the amendments and after it, the Bill should be passed. Ultimately, the amended documents were presented in the assembly for approval on 30 September. Initially, on March 2, 1985, Amendments were made of total 64 Articles but later on 28 Articles remained suspend and restored rest of the constitution. The dialogues held between the government and opposition and as a result reconciliation was agreed on 19 Articles and named these 19 Articles collectively as 8th Amendment and presented it in the house. These were 48, 51, 56, 58, 59, 60, 75, 90, 91, 101, 105, 106, 112, 116, 130, 144, 152-A, 270, 270-A. The Federal Minister of Law& Justice presented the Bill of the 8th Amendment in the National Assembly and said, “The objective of this Bill is to eliminate Martial Law and leveling path for the total democracy.”53This Bill of Amendment was presented in the Assembly for the first time on September 8, 1985. Initially, they faced of the strong opposition and the Bill was taken back, but the amended document was again presented on September 30, 1985, and a continuous discussion of eleven days was carried out on the Bill and in the second term, four days

51The Mumtaz Ahmad, The Crescent and the Sword: Islam, the Military and Political Legitimacy in Pakistan 1977-1985, p. 6 52The Daily Dawn, Karachi, September 29, 1985 53Azhar Sohail, Sindhri say Ojhri Camp Tak, p.153 98 of discussion were held. Finally, on October16, 1985, 188 members out of total 218 cast their vote in support of the amendment of the Bill.54 Anyhow, opposition in spite of strong resentment did not cast their vote and hence, this amendment was approved by the parliament and in the Senate, amendment was approved with two third majorities and after formal proceedings and approval of the President of the Pakistan on November 11, 1985, it became the part of the Constitution of 1973. The magic of this amendment was that after its approval Martial Law was lifted from the country. The Bill of 8th Amendment was strongly criticized as a whole and even on this issue the differences were produced among the government parliamentary group. Two Articles of the proposed Bill were the target of criticism, one was the protection provided to the ordinances of Martial Law and empowering of President to dissolve assemblies on his discretion and nominating the Prime Minister. According to the majority of the Members of Parliament, these Articles were contrary to the independence of the parliament. On December 30, 1985, most of the powers of President and Martial Law Administrator were transferred to the Prime Minister.55 On that eventful day, Zia-ul-Haq issued his last Presidential Order No: 107.56 Under this Order, the decree of July 5, 1977, was abolished. The Ministry of Law and Justice, and Parliamentary Affairs issued an order due to which the Presidential Order No: 14 issued on July 5, 1977 were closed down and the constitution was restored. As the measures taken during the Martial Law had been legalized and practically in all over the country the Martial Law came to an end and the democracy began to flourish. It is interesting to note that in and out of assembly, the amendment was highly criticized. Furthermore, the national press and media played their due effective role. The voice of the public representatives was existing in the Assembly but not a single vote was cast against this amendment in the National Assembly in spite of public, political, journalistic and legal force, but the resolution was passed by the parliament’s both houses with majority, hence, it became apparent that the Army Chief was the actual source of power. While according to the basic principles of the democracy, the other pillars of the State including parliament, judiciary, and public were worthless. After the approval of the 8th Amendment, Haji Saifullah Khan said, “The earlier validations were given after the end of military

54The Daily Jung, Lahore October 16, 1985 for details see Appendix- III P. 303 55 Martial Law Order No,106 56 Martial Law Order No,107 99 government, while for us the validation was not preferred thing but helplessness, because if we had declined from validation, then Martial law would never have been lifted.”57It is true that the 8th Amendment became the source of eliminating of Martial Law but it deformed the face of the Constitution of Pakistan and provided constitutional protection to all measures of Martial Law. In a bid to balance the power such amendments were made, which tilted the balance of powers towards the President, which finished the parliamentary democracy of constitution. Anyhow, this amendment after approval was strongly criticized in the public and political circles and the members of the government bench along with the opposition members termed it the only way for the elimination of Martial Law and helplessness. In the modern constitutional democratic societies, the constitution is not considered as a piece of some words but its regarded as a sacred document. While our rulers possess an attitude of assumption that the constitution is document comprising of 10 to 12, pages and he can tear up the same.58Amendments were made of 19 Articles which were in sequence, 48, 51, 56, 58, 59, 60, 75, 90, 101, 105, 106, 112, 116, 130, 144, 152-A, 270 and 270-A . Among these Articles 270 and 270-A; were significant in this respect that through this amendment legal protection was provided to all presidential and Martial Law Orders. All Martial Law regulations and ordinances and in this period the steps and orders imposed were declared fair. The 8th Amendment was in fact an extensive an amendment act which comprised of 19 Articles and sections and were tale bearers of the presidential system of government. The direct effect of these amendments was imposed on the parliamentary system government and the balance of power was accumulated in the hands of the president59. Senator Professor Khurshid Ahmad (JI) termed Article 270- A, as condemnable model of legislation while giving his views on bill, through which it was intended to provide legal status to the total measures adopted by the Martial Law.60This amendment conferred upon Zia-ul-Haq the powers, which he would never have even enjoyed under the Martial Law ironically; this was approved by representatives of the nation in the assembly unanimously. According to Ahmad Saleem, this was the worst instance of undemocratic legislation under the umbrella of

57 Zafar Iqbal, Aain Say Enharaf , p.192 58Khurshid Ahmad, Pakistan Aain Aur Siasat, Jung Publishers, Lahore, 1994,p. 314 59 For detail of the articles which affected 8th Amendment see in Appendix –IV P. 306 60Khurshid Ahmad, Pakistan Aain Aur Siasat , p. 359 100 democracy.61 As far as the 8th Amendment in the constitution is concerned, it was approved by the assembly elected on non-Party basis and whereas its own status has been disputed. In this regard, the Supreme Court has declared the non-Party elections as contrary to the constitution in its verdict. It can be reviewed as an assembly fulfilling the demands of the amendments but it was not acting on the democratic traditions. This amendment was made under the influence of Martial Law and the elimination of Martial Law was bound with the approval of this amendment, a fact, which was acknowledged by Junejo government. Hence, how an amendment made in an undemocratic rule and oppression can be declared democratic or constitutional. It is a fact that the Constitution of the 1973 enjoyed the unanimous support of the public representatives. This is the reason that its reference is given repeatedly on several occasions. Although, the 8th Amendment was approved with the majority but even then it can’t be termed as the actual reflection of the feelings of the parliament. As it is a constitutional fact that the constitution is that basic law which must be the illustration of the collective desires of the nation. 3.4 Dismissal of Junejo’s Government May 29, 1988 Pakistan’s history is witness to the conflict for power between the President and the Prime Minister, continued ever since and the example of this factor can be quoted as just after independence, the Legislative Assembly was dismissed. When the Assembly made the efforts to reduce the powers of the Governor General, Malik Ghulam Muhammad Governor General of Pakistan set up such a tradition of dismissing the assembly that after him the ruler coming to the seat of the head of the state considered his duty to keep the tradition alive. The 8th Amendment in the Constitution possesses great significant with reference to this context, because the 8th Amendment continued to hang on the heads of the politicians like a sword. This Amendment played a vital role in the deterioration of Pakistan’s politics. As this amendment had empowered the President ridiculously. Due to these excessive powers, no democratic government could be established on solid grounds as building of every democratic government was forced to fall down with the order of President. The interesting point is that the government, which approved this amendment from the National Assembly and the Senate of Pakistan, become first victim to this amendment. The Prime Minister

61Ahmad Saleem, Ghulam Muhammad Se Ghulam Ishaq Khan Tak, Lahore, 1997, p. 119

101

Muhammad Khan Junejo after taking the charge of his office began to make efforts for the promotion of democracy in the country. First, he tried to eliminate Martial Law. Then he launched the five point’s programme of public welfare and development projects.62 The Zia administration’s apparent victory over the national opposition, however, did not tell the whole story. The monopoly of national power demonstrated by the regime did not silence local, more parochial congeries of opposition, nor did the government’s power provide it with the capacity to resolve local disputes. Beneath and within the edifice constructed by the Zia Junejo combination, contests for power were more complex than ever. The Groups that are more exclusive vied for influence and sought ways to protect their interests. By closing all avenues to the formation of a credible national opposition, the Zia Junejo alliance actually aided and abetted the fractionating of Pakistani society. The differences between President, Zia-ul-Haq and Prime Minister Junejo right away from the day of formation of the government. The appointment of Ministers in his cabinet was the constitutional authority of the Prime Minister, but this Assembly created because of non-Party based elections, there was no question of the existence of a political party. However, Junejo could not determine the ministers and their departments as some of the personalities had worked under Zia-ul- Haq, so the President inducted his loyal, reliable and favorite persons in the cabinet of Prime Minister Junejo, who were answerable to Zia-ul-Haq only. Thus, the tussle between the President and the Prime Minister commenced. In the beginning, Zia-ul-Haq did not give any importance to the measures of Junejo, but soon Junejo decided to assume authority. When Junejo demanded a military secretary from Zia-ul- Haq, the President fulfilled his demand, but told his most reliable companion General K. M. Arif said, “Now as he has assumed the power and he desires to take the amusement,63 Junejo was giving indications of an ending the Martial Law. He ultimately demanded to remove the Martial Law from the President. Junejo said, “Our government cannot become a part of your Martial Law” so time frame may be finalized for the elimination of Martial

62Muhammad Khan Junejo introduced a five points program in 1985. The program was multidimensional in nature. The main objectives were to induct a new and progressive civilian order, establish institutions of social justice, introduce an egalitarian economy, increase employment opportunities, strike hard at corruption and other social evils, liberate at least 50 percent of the people from illiteracy, and to start socio economic development of the country. 63Arif, Khalid Mehmud, Working with Zia, p. 390 102

Law.”64 The demand of the Prime Minister was shocking. According to Shahid Javed; this thing produced an ordinary quake in the mind of Zia-ul-Haq.65 Due to this reason, the gulf between both the leaders further widened. Similarly, Junejo took another step and dismissed a very reliable comrade of Zia, the Secretary Information and Broadcasting Lt. General, Mujibur Rahman. The President was too much angered with action of Mr. Junejo. After the lifting of Martial Law the significant measures regarding issues of protocol, the use of official plane, Falcon, the appointments of Ambassadors and Federal Secretaries gradually acquainted Zia-ul-Haq that the Prime Minister was exceeding his limits.66When the stand of Junejo was found extremely against Zia-ul-Haq, then the President felt that he was getting beyond his authority. The President, when directed some instructions to the foreign office about his visit to America, then the Prime Minister abolished the visit that the foreign tours were only confined to the Prime Minister.67Zia-ul-Haq told to the Prime Minister Junejo to control the Sind affairs but Junejo was not coming up to his expectations. President Zia-ul-Haq used to say repeatedly that, “I ask him to go to Sind but he only remains in Sindhri.”68 This factor not only became the basis of the Sind’s worsening condition but also the reason of bitter relations between the President and Prime Minister. In 1986, MRD was committed the incidents of extremism in Sind. Benazir offered the indicators of reconciliation to Junejo. Zia-ul-Haq was also angry with Junejo on this presumption that he might have some secret links with Benazir. Although, apparently there was nothing but Zia-ul-Haq had drawn an evident line of doubt in his mind. During 1986, the situation in Sind remained disturbed. The incidents of arson, killing, dacoit and firing continued to happen. The clash between Mohajirs and Pathans became a daily routine. Khan Abdul Ghaffar Khan (1890-1988), Abdul Wali Khan (1917-2006), and Ghulam Ahmed Bilour supported the Pathans of Karachi and ban was imposed on their entry in Karachi. In spite of this ban, Abdul Ghaffar Khan reached Karachi on January 11, 1986, but he was sent back to Islamabad from airport. But on his return he issued a statement that Jinnah’s Pakistan has finished and he did not acknowledge the present Pakistan. In 1986, Junejo visited Turkey, Germany and

64Burki, Shahid Javed, Pakistan under Bhutto 1971-77, Hong Kong, 1988, p. 245 65Ibid., p. 261 66Azhar Sohail, General Zia key 11 Saal, p. 187 67Arif, Khalid Mehmud, Working with Zia, p. 397 68Azhar Sohail, Sindhri say Ojhri Camp Tak, p. 194 103

United States. During foreign tour, he claimed the credit of eliminating of Martial Law and restoration of democracy. Junejo was welcomed with full protocol and along with Lt. General K. M. Arif to encourage the Prime Minister as a representative of Army that United States has recognized the Junejo government and has issued N.O.C. for the next five years.69 On return Junejo was so much overjoyed, the President commented, “that visit may not make him a crazy.”70 Mr. Junejo dismissed the Intelligence Bureau (IB) Chief Lt. General Agha Naik Muhammad without notice into the knowledge of the President. According to the Constitution, the authority of appointing high level Army Officials lied with the Prime Minister, but Zia-ul-Haq disliked. Zia told his comrades that, “The Prime Minister must be apprised that without his support he cannot remain in his office for one day even.”71 By the end of 1986, the differences had converted in to hostility. This conflict was also influencing the internal and external affairs, but the President was forced to defend his Prime Minister, but Junejo would never spare any opportunity to challenge the authority of the President. The circles of those activities of the Prime Minister were widening which would outrage the President. However, Junejo remained busy in his activities, unaware of the fact that one of his actions has become the source of perplexity for the President. He had dismissed the companions of the President or had condensed their authority, and specially dismissed the most reliable comrades of the President from their posts including Dr. Mehboobul Haq, Dr. Asad and Attiya Inayatullah.72 Apart from this he, also made most of the President’s close aides, he dismissed the Foreign Minister, Yaqoob Khan and issued instructions that no one file from Foreign Ministry should not be sent to the President in future.73 This was not acceptable to the President, as the world nations had focused their attention on the Afghanistan War and inside the country, the Afghanistan issue was also a source of difference between the President and the Prime Minister, as both of them were insisting on their individual plan of action. The President’s stance was that Junejo was deliberately keeping him unaware of the process of the finalizing of the foreign policy on Afghanistan issue and he was taking these steps at a time when the

69Arif, Khalid Mehmud, Working with Zia, p. 401 70Babar Ali, Pakistan’s Decade of the Generals, Economic & Political, Weekly, Vol. 22, No. 28, July 1987, p. 3 71Azhar Sohail, Sindhri Say Ojhri Camp Tak, p. 169 72Ahmad Saleem, Zia Key Bad, Maqbool Academy, Lahore, 1990, P.178 73Ahmad Saleem, Ghulam Muhammad Sey Ghulam Ishak Tak, Lahore, 1997,p.156 104

Afghan issue had entered its last phase. Now Zia-ul-Haq realized that Junejo was a politician of provincial level and through his courtesy he was raised on the high rank of the country and now he was not only doing act of ungratefulness with him but also proving unfaithful. He was not even worth the position of the Prime Minister.74 In APC, all party conference convened by Junejo also became a source of mutual suspiciousness between him and the President. Actually, the Prime Minister termed at as a display of power. The interesting aspect of this conference was that Benazir Bhutto had accepted the invitation with the condition that General Zia-ul-Haq would not participate in it. Hence, Junejo committed with Zia-ul-Haq that he would not participate in it. A few days later, Prime Minister presided over high level meeting in which the tenure of the services of the close associates of the President were under consideration and included Chairman Joint Chiefs of Committee, General Rahim-ud- din Khan, General K.M. Arif and some other Generals. The Prime Minister refused to accord extension in their service.75 After that decision, a cold war was started between the President and the Prime Minister. On March 4, Junejo had convened a round table conference for the resolution of the Afghanistan issue. While the President called the round table conference as a political move. Afterwards the “Ojhri Camp”76 incident occurred in Rawalpindi. The blasts exposed very delicate and secret issues to the public. The members of administration and the public were insisting that ISI was responsible for this tragic incident and due to this, a number of army officers were found involved in it.77 In this regard, the Prime Minister desired to make the report public. Furthermore, in Rawalpindi Cantonment Muslim League MPA clash was reported between civilians and some army soldiers. The dispute got prolonged and the demand for the publication of the investigative report on Ojhri Camp tragedy and the punishment for the responsible persons further enhanced. Junejo tried to become the

74Ahmad Saleem, Zia Key Bad, p. 189 75Azhar Sohail, Sindhri say Ojhri Camp Tak, p. 159 76Ojhri Camp1988, occurred at a military storage center located in District Rawalpindi, Punjab Province of Pakistan on April 10, 1988. It was used as an ammunition depot for Afghan mujahedeen fighting against Soviet forces from Afghanistan. The camp exploded on April 10, 1988, killing more than 1,300 people in Rawalpindi and Islamabad because of rockets and other munitions expelled by the blast. One week after this major explosion, Defense Department officials say that they believe that the explosion was the work of agents of the Afghan intelligence service (KHAD). There was speculation that the explosion was done by Pakistani agents to cover up a pilferage of the weapons stocks, including Stinger missiles. There are also allegations that the explosion was carried out by the Soviet KGB by in retaliation for Pakistan aid to the Mujaheedin. 77The Daily Jung, Karachi, April 17, 1988 105 spokesperson of the public desires in the cabinet.78 Due to the pressure of the President and Army, the Prime Minister could not publish the investigative report. In May 1988, the differences between Zia-ul-Haq and Junejo had become more saviors. Zia-ul-Haq sensed this fact that Junejo might not become more damaging, so he planned a strategy to get rid of him. When Prime Minister Junejo returned from the official visit of China, Korea and the Philippines and was busy in press conference at the Islamabad Airport, Zia-ul-Haq also arranged a press conference at President’s House. He said the objectives of the National Assembly could not be achieved. The Federal Government was not functioning in accordance with the constitution:

Hence, I, Zia-ul-Haq, President of the Islamic Republic of Pakistan, exercised the 8th Amendment of the Constitution Article 58-2b, dismissed the National Assembly immediately and simultaneously the federal cabinet has also been dissolved.79

It was the first Assembly, which was dismissed under the 8th Amendment. Junejo reached Prime Minister’s House then he came to know that military troops have been posted and other important state buildings. Moreover, Zia-ul-Haq said, he had ordered to the election commission to hold elections and for the achievement of the objectives. A caretaker cabinet would function until the new elected government. I have neither imposed Martial Law nor suspended the constitution. My actions are part of democratic process. I have taken all measures according to the constitution.80 The dismissal of the Junejo government was a ruthless and in the process, he dissolved National and Provincial Assemblies. Although, it was according to the 8th Amendment; which gave discretionary powers. However, after a long time the process of democratic institutions and the parliamentary democracy, which had come on the track, was again derailed. Zia faced strong media reaction on the national and international level. Some political analyst termed it a result of tassel between the military and civil institutions. Later, Junejo had a media talk, the allegations leveled by the President are wrong; Zia-ul-Haq had dismissed the Assemblies one side.81Junejo replied to a journalist, he was going to take action concerning Ojhri

78Ghafoor Ahmad, Phir Martial Law Agya,p.256 79Sheikh Nadeem Ahmad & Sajida Begum, Historical Perspective of the Political and Constitutional Development in Pakistan, Journal of Humanities and Social sciences, (IOSR-JHSS), Volume 20, February 2015, p. 9 80 PTV, Islamabad, Press Conference PTV & Radio May 29, 1988 81Omer Noman, Pakistan and General Zia: Era and Legacy, P. 29 106

Camp; hence, in retaliation his government was dismissed. Junejo said, we had taken very courageous decisions in his rule. The expressed its opinion at last that happened which was being feared. Zia-ul-Haq dismissal of Muslim League government and also turned the table of politics over and practically imposed the Presidential System of Government. Hence, the country once again returned to zero point.82 Similarly, “The New York Times” mentioned the reasons behind the dismissal of Junejo Govt. that in the mid of May the Junejo announced the investigations of Ojhri Camp tragedy have been completed and he would soon submit the report.83 The Defense Adviser Mr. Naeem said the former head of ISI General Akhtar Abdul Rahman and present head General Hameed Gul would be held responsible for the mishap,84 because they had given the approval of the lethal ammunition depot near the populated area. He was just going to take the approval of this matter that these two generals might be dismissed from service. Most of the military officers were tense that the civilian government was going to accuse the army for the blast. Keeping the threat in view, that Prime Minister might dismiss the concerned generals; the President took the initiative and dismissed the Prime Minister and his cabinet.85 “The Economist” has made the mockery of democracy in Pakistan through a cartoon. In the cartoon, there was a plate of democracy hanging in the neck of a dog. General Zia-ul-Haq was holding its rope and the dog was holding the rope of Zia-ul-Haq. The dog was sitting in a condition of exhaust and it was titled: Zia bring his mutt to hell.86 Junejo, however, was not able to accomplish all of Zia’s agenda. For example, his government did not pass the Shariah Bill. It allowed the resumption of political parties, a step not welcomed by Zia, who saw parties as divisive in what should be a united Islamic community. Nonetheless, the dismissal of Junejo on May 29, 1988, and the dissolution of the National and Provincial Assemblies the next day came as a surprise. Zia pointed to the failure to carry Islamization forward and to corruption, deterioration of law and order, and mismanagement of the economy. Another important reason for Junejo’s dismissal was interference in army promotions and his call for an investigation into an arsenal explosion near Islamabad; civilians were not expected to meddle in military

82Baber Ali, Pakistan Without Zia: A Critical Period, Economy & Political Weekly, Vol. 23, No.35, August 1988,pp.2-3 83The Daily New York Times, June 25, 1988 84Azhar Sohail, Sindhri say Ojhri Camp Tak, p. 142 85The Daily Jasarat, Lahore, June 3, 1988 86The Daily Economist, London, June 4, 1988 107 affairs. Moreover, Geneva Accord also displeased Zia because Junejo went for it with support of US. Zia-ul-Haq did not appointed any Caretaker Prime Minister, he just nominated 18 members cabinet and Mr. Aslam Khattak was given the Senior Minister status, provincials cabinet were also dissolved and Care Taker Chief Ministers appointed by General Zia-ul-Haq. Moreover, he ordered to CEP for necessary arrangements but he did not disclose the fix date for next elections. According to the constitution, election must be held within ninety days of dismissed Assembly and duration completed from May 29 to August 27, 1988, but Zia-ul-Haq gave the excuses due to Moon Soon season, Muharram and Haji, it could be extended. Finally, on July 21, Zia-ul-Haq announced that election to be held on November 16, on non- Party base. MRD managed a very large sized demonstration at Mochi Gate, Lahore, the MRD criticize on General Zia-ul-Haq and Non Party based elections policy. In this regard, Benazir met with US Ambassador Arnold Rafael (May 4, 1987 to August 17, 1988 worked and death in Pak). Benazir pointed out the issue that Non Party base elections were not acceptable and they would boycott again, Rafael gave insurance that he had discussed the matter with higher officials, and will try his best to resolve the issue.

Ex-MNA Haji Saifullah filed a case in Lahore High Court against Zia-ul-Haq by apply the Article 58-2b, he also appealed to restore the National Assembly and 29th May Orders issued by President Zia-ul-Haq declared unlawful, the court started hearing on regular bases. President was busy in State Affairs and scheduled visit to Bahawalpur on August 17. Actually, COAS witness the demonstration of US M-I Ibrahim battle Tank at Khairpur, Tamiain Wali, Army Range, which was 85km from Bahawalpur. Which was Pakistan wanted to purchase from USA. Arnold Lewis Rafael (1943-88), Brigadier General, Herbert M. Wassom (1931-88) and some other high officials were also accompanied him. Shortly after a smooth take off, the control tower lost contact with the aircraft. Witnesses who saw the plane in the air afterward claimed that it was flying erratically, nosedived and exploded on impact87. In addition to Zia, 31 others died in the plane crash, including Chairman Joint Chiefs of Staff General Akhtar Abdur Rehman, close associate of General Zia, Brigadier Saddique Salik, Arnold Raphael and General Herbert M. Wassom, the

87 Barbara Crossett, Who Killed Zia, World Policy Journal, Duke University Press, Vol. 22, No. 3 Fall, 2005, pp. 8-9

108 head of the U.S. Military aid mission to Pakistan. Ghulam Ishaq Khan, the Senate Chairman announced Zia’s death. The death has given rise to many conspiracy theories. The country faced a political crisis again and emergency was declared. Chairman Senate, Mr. Ghulam Ishaq Khan took charge as acting President of Pakistan and Vice Chief of the Army Staff Mirza Aslam Baig (1931-b) become the new COAS because he was senior most among the Generals. Investigations were started but final report was never open for the public. General Zia-ul-Haq ruled eleven years, one month, and four days. It was the longest period of any military ruler, Zia-ul-Haq take over the Government on July 5, 1977, and continued till August 17, 1988. His era is very much important in the political history of Pakistan, politically, economically, religiously and constitution wise it was very controversial and unforgettable history. Zia-ul-Haq used Islam and Islamic democracy as a tool in favor. Although, he made many attempts to impose Islam in the country and he used the Islam as a political weapon, due to his Islamic policy society faced so many problems after Zia-ul-Haq. In last eleven years, the political system of country was not strong but the ruled of General Zia-ul-Haq was stable, sound and safe. The demise of Zia was not a personal tragedy but an event of great geo strategic importance.

The Zia period can be divided into three phases. During the first section, 1977-79, the regime deceived and outmaneuvered the civilian opposition parties by publicly reiterating its commitment to holding elections while at the same time it undertook measures to entrench itself and consolidate its position. In 1979, General Zia dropped the pretence of being the leader of an interim regime. Between 1979 and 1983, the army tightened its grip and the military wrapped itself into the role of an ideological vanguard for a theocratic state. Political opposition was smothered by the uninterrupted use of Martial Law. The third phase began in 1983, with the junta desperately seeking to break out from its isolation. It had successfully with stood the risks involved in eliminating Bhutto. His tenure remains significant but controversial on national and International levels. He posed himself as the champion of Islam. He imposed Martial Law without justification and then on the pretext of accountability and introduction of Islamic order he held referendum and prolonged his rule by holding elections on non-party basis. One-sided accountability, sectarian basis of Islamization and nourishing of theocratic and ethnic parties were the factors, which he used for eliminating his opponents and keeping himself in power for long. After the

109 dissolution of the Soviet Union, his Afghan policy has isolated the Muslim world and the single supper power has turned its guns towards Islam. Jihad is being interpreted as terrorism. The Muslim world had to pay quite a heavy price for the US support, which he used as a warranty for his autocratic rule. Even, the International scenario had changed Zia showed no tolerance for democracy or any curb on his powers. He used civil and military bureaucracy as weapons. He could not adjust with the tamed democracy under Junejo. He wants to rule according to his wishes whereas Junejo wanted that the institutions should be controlled by the political elite. For the advancement of his aims and goals, Zia always justified his strategy to use Islam for reaching his destiny.

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Chapter 4 General Pervez Musharraf Devolution Plan: 1999-2001 4.1 General Pervez Musharraf’s Biography Pervez Musharraf was born in Molalla Kucha Saadullah, Darya Ganj Alias Neher Wali Haveli, and Delhi, India on August 11, 1943. His father Syed Musharraf-ud-din (1924-1999AD), was severed in the Civil Supplies Department of India. While his mother Syeda Zarin Ali (1920-b) was a graduate of Aligarh Muslim University and associated with the Education Department. Pervez Musharraf spent his childhood in India and sought his early education at home. Syed Musharraf-ud-din migrated to Pakistan in 1947, and joined Foreign Services. Later on, he was appointed in the Pakistan Embassy of Turkey and his family shifted along with him. In Turkey, they lived from 1949-56 and Musharraf got an opportunity to seek awareness about the enlightened concepts of Mustafa Kamal Pasha (Ataturk 1865-1936AD), he was very much impressed with these concepts, so that Musharraf became fluent in Turkish. On return, Musharraf was thirteen years old; about his departure from Turkey, he says “our seven years in Turkey passed in a flash. We were much sad at the time of leaving Turkey”.1 Musharraf attended Saint Patrick School, after he went to another school Mary Colaco. Musharraf was one of the four topper students of the class; however, his grades were lowered down possibly due to his love affair with his neighboring girl. Admitted the fact, he wrote “I had been a good student in class 10th and was among the first four students of the class but my grade was down due to my first love affair.”2 After passing Secondary School Examination (SSE) from Saint Patrick, Musharraf came to Lahore and joined Forman Christian College (FC College). He took admission in F.Sc in order to realize his desire of joining Pak-Army. Even before the final exams, he was selected for Pakistan Military Academy (PMA) Kakul. He got Commission in the Artillery Regiment on April 19, 1964. Musharraf chose 36-Light Air Craft Regiment, but half a year later, he was posted at 16-SP Artillery Regiment. Musharraf participated in War of 1965, his Regiment faced an odious action in the Sector of Khem Karan of Indian Army; His regiment moved up to fifteen miles inside India at Khem Karan Front. Musharraf wrote a letter to his mother, “proudly saying, I

1Pervez Musharraf, In the Line of Fire, Classic Publishers, Islamabad, 2005, p.7 2Pervez Musharraf, In the Line of Fire, p. 43 111 am writing from India”.3 However, Musharraf moved to Lahore Front along his Regiment, according to Musharraf, “Having stabilized the Lahore Front, we were ordered to move again to the Sialkot Front. Which was famous for the Tanks battles of Chawinda, at the end of the war, the sector had become a graveyard of Indian tanks”?4 Musharraf served as Major for two and a half year in SSG. He said: “Life in SSG was generally tough, and full of danger but complete. It is unforgettable and whatever I am today is by virtue of it.”5 Musharraf was married to Sehba Fared6on December 27, 1968. Both led a happy life and have a daughter Ayla (1970-b) and a son Bilal (1971-b). Syed Musharraf Din retired from Pakistan Foreign Service on 1977 as Director General and died on December 2, 1999. The rest of the family including Pervez Musharraf is alive. Musharraf served as Company Commander in the War of 1971. Musharraf was promoted as a Lieutenant Colonel in 1972. Later, he attends Command and Staff College Quetta (CSC) and served as Instructor National Defense University Rawalpindi (NDU). It is amazing that Pervez Musharraf had no special services in the Afghanistan War. In 1987, he was promoted as Brigade Commander and posted at Siachen. In 1990, he went to Royal College of Defense Studies, Britain, and wrote a thesis “Impact of Arms Race in Indo-Pak Sub- Continent”.7 It was extremely appreciated by General Anthony Zaini (1943-b) and termed Musharraf as a brilliant student. Eventually, Musharraf promoted as Major General and posted at Okara, Command of 40th Infantry Division; he worked as DGMO till 1993-95. Musharraf promoted and posted at Corps Commander of Mangla, I-Strike Corps on October 21, 1995. Eventually, COAS General Jahangir Karamat resigned over the issue of Security Council, the Prime Minister Nawaz Sharif by applied his constitutional authority and appointed him as new COAS. General Pervez Musharraf was at number three in the seniority list and General Ali Kuli Khan and General Khalid Nawaz were senior to him, but Nawaz Sharif nominated to Musharraf, which proved to be a big political blunder. Later, Nawaz Sharif exposed about the selection of Pervez Musharraf as Army Chief. He said many

3Maqbool Arshad, Gernail Beeti, Fact Publishers, Lahore,2008, p.45 4Pervez Musharraf, In the Line of Fire, p. 80 5Syed Asif Ali Jeffery, Muhafiz-e- Pakistan, Lahore, 2006,p.178 6Sehba Fared belongs to Okara. She is the daughter of Ghulam Ghous Fared, who was an officer in the Ministry of Information. 7Royal College of Defense Studies England, Pervez Musharraf wrote down a thesis entitled “Impact of Arms Race in Indo-Pak Sub-Continent” This thesis was extremely appreciated by General Anthony Zaini (1943-b) and termed Musharraf as a brilliant student. 112 politicians were approached me for the post, while Lt. General Musharraf had no lobby and I selected him for only this reason.8 On October 7, 1998, Musharraf was promoted as Chief of Army Staff and just before one week of the military coup on October 6, 1999, Nawaz Sharif also handed over the Office of Chairman Joint Chiefs of Committee, which he retained up to October 7, 2001. Musharraf remained Chief Executive up to June 20, 2001. He also holds the office as President of the Pakistan from June 21, 2001 to August 18, 2008. The reign of General Pervez Musharraf was extremely tumultuous and multiple crises appeared on the international scenario. The most significant event of 9/11and the Afghanistan War and the War of Terrorism, Musharraf became the dire need of US and in this way he led a very successful era. General Musharraf enforced PCO in 1999 and then LFO 2002. He introduced Local Government System in March 2001 and conducted a Referendum on April 2002, and elected as President. In Poll 2002, Mir Zafarullah Khan Jamal elected as Prime Minister. In December 2003 the 17th Amendment was pass by the Parliament. Musharraf elected President for the second term in September 2007. In addition, he approved NRO Ordinance in October 2007, while he had a confrontation with the judiciary. Musharraf again proclaimed Emergency and PCO. This controversy brought bad name for the Musharraf. Later on, the Judiciary declared the PCO defunct on December 16, 2009. The General Elections which to be held in January 2008 were postponed for 40 days due to the assassination of Benazir Bhutto. In Polls 2008, PPP and PML- N aggrieved majority and formed a mixed government. On March 23, 2008, Yousaf Raza Gillani took the oath of the Prime Minister of Pakistan. Through the joint efforts of PPP and PML-N the Resolution of Impeachment against Pervez Musharraf was passed. However, Musharraf acknowledge the fact and resigned before the impeachment process. Hence, the long spell of Pervez Musharraf came to an end on August 18, 2008. The national politics of General Pervez Musharraf with reference to the topic will be encircled while other topics are although linked, but it will not be discussed. Pervez Musharraf extended almost near a decade, in which innovative political experiments were carried out, which were successful under the umbrella of military but no sooner the military umbrella was removed, the entire system was rolled as had been the fate of his predecessors.

8 Zaidi, S. Akbar, Musharraf’s Silent Revolution: Undone by Democracy, Economic & Political, Weekly, Vol. 38, No. 29, July 19-25, 2003, p. 6

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4.2 Operation “Solidarity” October12, 1999 Mian Nawaz Sharif secured heavy mandate as a result of the February 2, 1997 General Elections and was sworn in as Prime Minister for second term. To up hold two third majorities, there was an eminent change in the attitude of Mian Nawaz Sharif. In politics, it was first time any political party achieved such a heavy mandate, while, Benazir Bhutto declared it was engineered. Anyhow, Nawaz Sharif changed the 8th Amendment in the Constitution by 13th Amendment.9 Now the real authority of the Prime Minister, which was transferred to the President of the Pakistan on 1985, now had returned to the Prime Minister with significant powers, appointment and removal powers of the Governors, the Chief Justice of Pakistan. While prior to this amendment President Zia-ul-Haq accumulated these powers. It has disturbed the balance of powers. Zia-ul-Haq exercised 8th Amendment to remove Junejo. Later on, Ghulam Ishaq Khan dismissed Prime Minister Benazir Bhutto on August 6, 1990 and also dismissed Nawaz Sharif on April 18, 1993.Eventually, the President Farooq Ahmad Khan Laghari; once again exercised the constitutional authority and dismissed the government on November 5, 1996. Mr. Laghari was very close to Benazir Bhutto but he fired the government. Nawaz Sharif said, in the presence of 8th Amendment no elected democratic government would not be able to complete its tenure and if they gained majority in the parliament would abolish it.10 Nawaz Sharif had learnt lesson from the past events and during the initial days of his government, he proved himself as the strongest Prime Minister by abolished the constitutional powers of the President. After the approval of 13th Amendment in Constitution of 1973, the Nawaz government had become used to force it will and influence every decision and when confrontation with the judiciary on the appointment of five judges commenced and the situation

9The XIII Amendment to the Constitution of Pakistan was a short time amendment to the Constitution of Pakistan, adopted by the elected Parliament of Pakistan in 1997 by the government of people elected Prime Minister Nawaz Sharif. It stripped the President of Pakistan of his reserve power to dissolve the National Assembly, and thereby triggering new elections and dismissing the Prime Minister. The Constitutional Amendment was supported by both the government and the opposition, and was thus passed unanimously. With the enforcing of this amendment, Pakistan's system of government was shifted from Semi-presidential system to Parliamentary democratic republic system. The amendment removed Article 58(2) (b) of the Constitution, which gave the President the power to dissolve the National Assembly in his discretion where, in his opinion ... a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary. For details see Appendix- V, P. 310 10 Rizvi, Murtaza, Musharraf: the Years in Power, New Delhi, HarperCollins Publishers, India,2009, p. 27 114 extended to the point of the contempt of court by the Prime Minister then, the Pakistan Muslim League workers launched an invasion of the Supreme Court and as a result many a leaders were awarded punishment and the drop scene of this drama was produced in the form of the suspension of the Chief Justice, Mr. Justice Sajjad Ali Shah and he was replaced by the new Chief Justice Mr. Justice Saeed-ud-Zaman Saddique and in this way the judiciary crisis started and the person who brought this crisis to an end i.e., President Farooq Ahmad Khan Laghari(1940-2010AD) also left the scene and the President’s house was reified of conspiracies. New President Rafiq Ahmed Tarrar (1929-b) was elected through the choice of Mian Nawaz Sharif and now it had been settled in the minds of PML-N that it would complete five years of its term and no one was not much powerful who could send them to their homes. The issues and crises raised but the Nawaz government continued to overcome these with force and in the intoxication of the getting heavy mandate. The termination of Naval Chief Admiral, Mansoor-ul- Haq was also the result of the same. Furthermore, the tense Diplomatic Relations with India were inherited to the government. India was in mood to suppress Pakistan and conducted five nuclear explosions under the title of “Operation Shakti,”11 on May 13th, 1998. It was a moment of worry and the threat to the peace of the third world. Due to these sudden nuclear explosions, the world organizations became active and the efforts for the prevalence of peace also commenced. But the Nawaz Government decided to reply Indian threat with spade and under the title of “Operation Chaggi I”12 underground experimented seven nuclear explosions at the District Chaggi, in Raas Koh Hills, Baluchistan Province on May 28, 1998. The world nuclear possessing countries had recorded in their centers that Pakistan has achieved the nuclear potential. The nuclear exposition had become a reality now and the Prime Minister, armed forces and the nuclear scientists had materialized the dream of becoming a nuclear power. A huge amount of 5 Billion Dollars had been unconditionally offered by the US President Bill Clinton (1946-b) in the wake of not conducting nuclear explosions,13 which Nawaz Sharif didn’t accept and without taking into consideration the world pressure he conducted more nuclear explosions. The situation for India had become complicated as its experts had claimed

11Operation Shakti; the first nuclear test was done by Indian Govt on May 10, 1974 named “Smiling Buddha” and 2nd time was done on May 13, 1998, named “Operation Shakti”. 12“Operation Chaggi-I” The Pakistan first ever made nuclear test on in response of Indian reaction on May 28, 1998, named Chaggi-I, time15.15PST. 13The Daily Washington Post, USA, May 30, 1998 115 that Pakistan lacks the potential of becoming a nuclear power. But the situation in the region suddenly changed. The race of the nuclear weapons was initiated by India. India initiated efforts to achieve the nuclear technology soon after the independence, and eventually on May13, 1972 conducted nuclear explosions in the Pokhran, District of Jesalmir. It was huge to threat to Pakistan because in the recent past country met with the tragedy of East Pakistan separation. At that time Pakistan does not has capacity to counter the challenge to reply the Indian deterrence. In prevailing circumstances, Z. A. Bhutto prompt reacted; we will eat grass but will achieve the nuclear technology necessarily.14 Hence, after nuclear test, Nawaz government came under great economic stress and to face a number of sanctions from the international organizations. Nawaz Sharif began the journey of good relations and friendship despite of nuclear explosions. In the prevailing circumstances the both countries have become normal to great extent, invited Indian Prime Minister Attal Bihari Vajpaee (1924-b) in January 1999, to visit Pakistan, which the latter accepted cordially and visited Lahore on February 20, 1999, and also angulated “Pak-India Friendship Bus Service”15 from Delhi to Lahore and back. The Indian Prime Minister declared “Pakistan Resolution of 1940” as a great victory and expressed: A Stable and Prosperous Pakistan are in the best interest of India.16 These compliments were highly appreciated; it was first time in Indo-Pak Relations that such a positive attitude on the governmental level for Pakistan by India was adopted. “The Lahore Declaration”17 which was the joint press conference of the Indian Prime Minister and Prime Minister of Pakistan, still being considered to be a significant document. For the first time sober efforts were introduced by Pakistan and India and Prime Minister Nawaz Sharif opined that “till when we would darken the future of our youth by selling the cannon balls”.18 On the public level the renewed relations with India were applauded. But the political parties targeted this development with great criticism and it was claimed that the Kashmir issue has been dumped by the Nawaz Sharif government. On this occasion Jamat-e-Islami and PPP immensely criticized the government. In the

14Z.A. Bhutto, Speeches, Islamabad: NDC, 1984 15 Singh, Inderjit. “Military Rule Versus Civilian Rule: An Analytical Study on The Peoples’ Choice of Leadership In Pakistan”, International Journal of Humanities and Social Science, Vol. 1 No. 8; July 2011, p. 6 16The Daily Dawn, Lahore, February 23, 1999 17The Lahore Declaration: On the arrival of the Indian Prime Minister Mr. A. B Vajpaee at Lahore 1999 both prime minister issue the joint statement is known as Lahore Declaration1999 18Shahid Mukhtar, Pakistan Mai Fuji Hakoomtain, Shahid publishers, Lahore, 2003, p.187 116 background of all these circumstances some generals had been observing with suspiciousness and greatly disliked this move. The ink of the Lahore Declaration was not dried yet that some senior military officers launched the Kargil Operation (Operation Badar II),19 which was a source of surprise for the Prime Ministers of both India and Pakistan. On the occasion of Indian Prime Minister’s visit the ignorant attitude of Pakistan’s Armed Forces can be judged by this fact that the Army Chief refused to salute to the Prime Minister of the enemy country till Kashmir issue was not solved on permanent basis. The Kargil dispute was initiated in October 1947, when India entered its military in Kashmir. Pakistan’s military position was not that much stable that it could have fought the Indian military. Through the efforts of United Nations the cease fire was forced. A letter was received from the United Nations that the forces of both the countries would end the war and recognized the location where these were as temporary borders. This ceasefire line was 780 kilometers long. On July 27, 1949, after proper signature this cease fire line was declared as Line of Control (LOC). Its detail has been divided in three parts: 1. First part is fixed for working boundary, which is 200 km long and from Sialkot to Thako Chak. 2. Second part is 450 km long, which lies between Thako Chak to NJ 980420 Mountain. 3. Third undetermined part is 130 kilometers long. Which is extends from Mountain NJ 980420 to Siachen and onwards to the border of China.20

The major issue is from Thako Chak to NJ 980420 Mountain, because the average height of the mountains in this area is about5000 meters. Up till 1048 the Siachen area was being recognized as a part of Pakistan in the world Atlas but in 1984, after the “Operation Mehgdoot”21 this area was unfairly captured by Indian Army. Kargil is situated in the Indian occupied Jammu and Kashmir which possesses the status of a major district headquarters after Ladakh district. Ladakh is the only ground passage for Srinagar and Siachen and the Kargil to Siachen portion of this road remain closed for about ten months of a year due to the severe climatic conditions and is useable only in the months of May, June and July. The military equipment and ammunition is transported only through Kargil. Sometimes in the past this territory was in Pakistan’s possession, but in 1984, it became under Indian control. Kargil is 250 kilometers

19Operation Badar II, Pak-Army started the operation in Kashmir and was result the Kargil War 1999. 20Aslam Lodhi, Kargil Sey Wapsi Kyon, Sham key bad, Publishers, Lahore, 1999, p.47 21Operation Mehgdoot, This operation was launched by Indian Forces in1984; they had captured the Siachen Glacier, still they occupied unlaws full. 117 away from Srinagar and at a distance of 1047 kilometers from Indian Capital Delhi. This town is located on the Line of Control (LOC) and its height is 7880 feet (2676 meters). The maximum temperature of this town is -400 Fahrenheit. The altitude of Kargil on the world map is 34-01, N76- 24E. It’s important places are Daras, Mashkoh, Chhorbut, Batalak and Tiger Hills. It was upgraded as a district in 1979 and its area is 14686 SKM. On February 22, 1999, the Indian Prime Minister Attal Bihari Vajpayee was taking the amusement of the hospitality of Prime Minister, Mian Nawaz Sharif then news broke out that the mysterious movement of Kashmiri Mujahedeen was observed on the Line of Control. When the Indian military in the spring season was returning to their original check posts they were surprised to know that these have been captured by the Mujahedeen. A very difficult period had started for the Indian military as the Mujahedeen had paralyzed the Indian Army for their transportation by capturing the extremely significant highway of Kargil. Furthermore, the Indian army was also facing strong human and property loss. The Indian Prime Minister told his Pakistani counterpart that India had been stabbed in the back.22 Nawaz Sharif denied this and said that those were Mujahedeen and he had no control on them. While the Indian Premier insisted that those were the “Ghus Bethiae Intruders”.23 COAS said that the Mujahedeen has no link with Pakistan Army. The acute serious situation was sensed at that time when this area had turned into a nuclear flash point and the whole of the sub-continent could be rolled in the blast of dynamite. When the U S General Zanies Anthony showed the photographs of military vehicles, and the movement of the military officers then, Nawaz Sharif was stunned. As it had been proved that the Prime Minister had been kept unaware about military operation. The Indian government was losing patience. Aircraft and heavy Artillery was used but as the required results were not achieved, hence, the Indian Air Force launched the “Operation White Ocean”.24 Indian General Vikram Parkash Singh (1939- ) gave the suggestion to cross the line of control and the Indian Prime Minister threatened to launch a nuclear war.25 Nawaz Sharif was victimized with prevailing circumstances. Eventually, after the negotiations with politicians and military generals meeting of

22 Tehmina Mehmud, India and Pakistan’s Nuclear Explosions: An Analysis, Pakistan Horizon, Vol. 52 No. 1, January 2000, 39-50 23The Daily The Hindu, Delhi, May 4, 1999 24Operation White Occasion “Safad Sager” IAF, Indian Air Force started strike against Mujahedeen on LOC during Kargil War. 25The Daily Sun, Delhi, May 10, 1999 118

Nawaz Sharif with President of America, Bill Clinton (1946- ) was arranged on July 4, 1999, as the matter was of grave concern and there was also question of nuclear war. Incidentally, 4th July is the national day of the United States of America yet still President, Bill Clinton held a very significant meeting with Nawaz Sharif, in spite of his official commitments at Camp David and announced “Washington Declaration”.26 In which it had been reiterated that Pakistan would withdraw from the occupied territories and would return to the position of “Simla Accord 1972”.27 Nawaz government had been trumpeting this declaration as its diplomatic success while the opposition and media were strongly criticizing the government that it had lost the won battle. The Indian Prime Minister declared on July14, 1999 that the Kargil war has been won due to “Operation Vijay”.28 Actually, no group achieved an absolute victory and both the leaders had been staking contradictory claims, while heavy human loss had been inflicted to both sides. After Kargil war the cordial atmosphere between the Prime Minister and the Army Chief could not be maintained anymore and both had become diffident with each other. Now they were striving to display their supremacy. Sometimes the military would be conducting media trial of the Prime Minister. Under these circumstances the working relationship of both the sides had suffered a lot and their mutual coordination had become almost impossible. Admiral Fasih Bokhari, Air Chief Pervez Mehdi, Lt. General, Ali Kuli Khan and other senior officers demanded the constitution of a high level committee for conducting investigation in to Kargil incident, as this fact had become public that the master mind of Kargill was only General Pervez Musharraf. The Armed Forces and the Government had become victims of the tension. The time was passing swiftly and the circumstances were not getting normal in any direction. The Indian government finally realized that someone had to pay the price of the Kargil issue. Former Lt. General Jamshed Gulzar Kiani said; in this issue only General Musharraf was involved and Prime Minister Nawaz Sharif was kept entirely

26Washington Declaration, July 04, 1999; The Prime Minister Nawaz Sharif meet to Bill Clinton President of USA on serious situation over Kargil War, both made an agreement which named Washington Declaration. 27Cheema, J. Musarat, “International Community on Kargil Conflict”, A Research Journal of South Asian Studies Vol. 28, No. 1, January -June 2013, pp. 3-4 Simla Agreement, July 2-3, 1972. This agreement was made after Pak-India the war of 1971, Z. A. Bhutto & Indra Gandhi, both leaders agree to defuse the critical situation on borders and forces back to the previous position LOC. 28Kamath, Pakistan after the Kargil crisis: Implication for India, Indian Journal of Asian Affairs, Vol. 13, No. 1/ 2 December 2000, pp. 123-132 Operation Vijay; Kargil War 1999 was code named by Indian Government. 119 unaware about this operation.29 India presented in contradictable proofs of Pakistan Army to Nawaz Sharif involves in Kargil War, which included the extremely significant conversation between General Pervez Musharraf and General Aziz during China’s visit from May 26_29, 1999. This operation was named by the Indian Secret Agency as “Operation Blue Eyes”.30On second week of June 1999, India had arranged an International Foreign Secretaries meeting, where the Indian Government disclosed the proof of the conversation between COAS and General Aziz which they intercepted on June 11th to the world. The silly friends of Nawaz Sharif also attempted to de-characterize Pakistan Army and advertisements were given in the newspapers under the title of “Rascal Military”.31 Nawaz Sharif had mentally separated from General Pervez Musharraf and he devised a plan to get rid of Pervez Musharraf. The plan was disclosed to Pervez Musharraf well in time and once again Nawaz Sharif government had to face the humiliation. After the leakage of the plan, government try to improve the relations with COAS, General Pervez Musharraf was also taken the charge of the Chairman Joint Chiefs of Staff Committee till October 6, 2001; but the grudge between the two could not be resolved. The Army Chief would keep the record of every moment of Nawaz Sharif’s movements and had made expected arrangements. Eventually, on October 12, Nawaz Sharif departed from Islamabad to Shujabad for a public meeting. About 4.00PM. The Prime Minister issued the removal orders of the Chief of Army Staff and appointed Lieutenant General Zia-ud-din Butt (1943-b) as new Chief of Army Staff. General Zia-ud-din Butt was serving as Director General ISI. It is said that Nawaz Sharif nominated Zia- ud-din as Army Chief due to nepotism. However, it was also significant to note that General Zia-ud-din was the nephew of Lt. General Ghulam Jilani (1925-1999). This was the same General Jilani who brought up Nawaz Sharif as a politician during the previous Martial Law regime. The dismissal orders of Pervez Musharraf were issued by Nawaz Sharif on his official letter pad and Secretary Defense Retd. Lt. General

29Jahangir Khan, The Violation of Civil Mandate by Military in Pakistan: A Case Study of 1999’s Musharraf Takeover, Abdul Wali Khan University Mardan, MAGNT Research Report (ISSN. 1444- 8939) Vol.3 (4), P. 202-210 30Operation Blue Eyes; during the Kargil war General Pervez Musharraf went to official tour, he talked with Joint Chief of Army Staff General Abdul-ul-Aziz about Kargil issue that was highly sensitive and secret but Indian Intelligence force caught that conversation, so Indian Govt. send the audio tape through ambassador to the Prime Minister Mian Nawaz Sharif, so that was unbelievable proof of involving the COAS in Kargil war. 31Zaidi, S. Akbar, Musharraf’s Silent Revolution: Undone by Democracy, Economic & Political, Weekly, Vol. 38, No. 29, July 19-25, 2003, P. 5

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Iftikhar Chudhary endorses the order, who was also the brother of Federal Minister Chudhary Nisar Ali Khan (1954-b). Special news bulletin was telecasted on media. General Pervez Musharraf was on official visit to Sri Lanka, received this information on PIA Flight No. Pk-805. When General Zia-ud-din was being appointed the Army Chief, every act was performed in a hurry. According to the dignity of armed forces an official ceremony arranged at GHQ and whenever senior officer promoted on the rank of four Star General and the official badges are used. While, here the matter was reverse the official investiture ceremony was held in the P M House and the badges were purchased from the local market. When General Zia-ud-din Butt was appointed as COAS; he informed his friends and relatives on telephone, he also informed the GHQ to arrange a guard of honor as he would be presented the same on his arrival. The presentation of guard of honor meant that the Army had acknowledged his appointment. At GHQ, General Butt was received by Lt. General Aziz Ahmad, Chief of General Staff and very respectfully asked him to let him finalize the arrangements for the guard of honor. But under the cover of arrangements he discussed the serious situation with X-Corps Commander Rawalpindi, Lt. General Mehmud Ahmad, Corps Commander Peshawar, Lt. General Ali Jan Orkzai and Corps Commander Gujranwala, Lt. General Khalid Maqbool and duly informed General Zia-ud-din Butt about their decision that the army did not recognize him as COAS and would also not obey the dismissal orders of General Pervez Musharraf. Lt. General Aziz also explained to the Military Secretary of the Prime Minister, Brigadier Javed Iqbal that the ambiguous and illegal change of the military command would not be acknowledged. General Butt returned to the P M House and apprised the Nawaz Sharif about the latest situation, because their “Mission Impossible”32 was failed. On the other hand, under the “Operation Solidarity”,33 the command of Brigadier Salahuddin Satti of 111 Brigade of X- Corps with the help of 200 soldiers had become active and after getting the control of the Prime Minister’s House and other important installations arrested very significant personalities. The PM issued the dismissal orders of General Pervez Musharraf and directs the authorities for not giving the

32Operation Mission Impossible; the Nawaz Sharif Govt & DG ISI General Zia uddin Butt make a plan to removed the current COAS General Pervez Musharraf, in that case General Butt will be the next COAS, but the plan was failed due to the joint decision of all Crops Commanders. 33Operation Solidarity; The Pak Army reacted against the illegal termination of COAS, so high military officers joint adventure is called Operation Solidarity, the Daily Jung, Lahore, October22, 1999 121 permission of the concerned flight’s landing in country, however, it had been too late as General Aziz had apprised Corps Commander Karachi, and Lt. General Muzaffar Usmani about the seriousness of the situation and the military had made strong footing there. At 8:45PM Pervez Musharraf had landed at Karachi airport and acknowledges about the prevailing situation. Then Pervez Musharraf directly went to GHQ and continued to chair back to back meetings till late in the night. The state media had come under the control of military and first news that was released on television was about the dismissal of Nawaz Sharif government and it was followed by war songs on the state television. After a long hang around at 2.45AM. The Chief of Army Staff announced that the government of Prime Minister Nawaz Sharif has been toppled. The Constitution of the country had been suspended and the Parliament (National Assembly and Senate) had been dissolved. Anyhow, the President of the Pakistan would continue to function as previously. At mid night, 4th Martial Law was imposed which was fourth in the series according to the statistics. If the events and circumstances are reviewed then it is assumed that the Prime Minister was disaffected with Army Chief and same was the position with Army Chief about the Prime Minister. In fact, Nawaz Sharif removed the Army Chief that was not admirable. Although, Nawaz Sharif enjoyed power as accorded to the constitution and he could remove COAS under Article.243-2bc34but the procedure adopted by him was not worth appreciable. It has been the golden tradition of Army to bid warm send off to its seniors, but when General Jahangir Karamat was forced to resign under the enormous pressure of National Security Council issue then the Army was not admired this act and expressed its reservations on the issue. Furthermore, the dismissals of Naval Chief Admiral Mansoor-ul-Haq, Lt. General Tariq Pervez and Pervez Musharraf had created a tense atmosphere between the Prime Minister and the army officers who had decided that if any similar incident happened again then it would reply in a proper way. Hence, the inevitable incident occurred and the Army reacted strongly and the heavy mandate pressed under its own burden. On 12 October 1999, General Pervez Musharraf deposed the democratically elected government of Prime Minister Nawaz Sharif after Sharif tried to oust the General. Musharraf’s justifications for the coup echoed refrains similar to those offered by his military predecessors. Not only have all

34Article 243-2bc; according to this Article; Prime Minister can dismissed the COAS. He gets the authority through 13th Amendment in Constitution of Pakistan on April 1, 1997, on second term of Nawaz Sharif Govt 1997-1999 122 the institutions been played around with, and systematically destroyed, even the economy is in a state of collapse. Self serving policies have rocked the foundations of the Federation of Pakistan. Since its inception more than fifty years ago, Pakistan has experienced four military coups. The first was staged by General Ayub Khan followed by General Yahya Khan, General Zia ul-Haq and, finally, General Pervez Musharraf While the failure of democratic institutions in Pakistan is typically attributed to constitutional and judicial weaknesses, the poor quality of political leadership and the lack of socio economic development, the structural constraints imposed on democratic institutionalization by the political militarism of the Pakistani army remain generally under analyzed. After the dismissal of Nawaz Sharif government, the public expressed great delight and distributed sweetmeat. Even in his native town, no agitation or protest rally was held or anywhere in country. The Kargil War proved to be the last nail in the coffin of the government. This military revolution came into being with the support of some military friends. While other officers remained unaware of the incident. Kargil had become a flash point and its basic objective was Kashmir. The friendship of Nawaz Sharif’s Government with India was not liked by the military as the then Army Chief had said that without the solution of Kashmir issue the friendship with India would not be durable. Benazir Bhutto declared the Kargil expedition as stupidity and said that after the martyrdom of 3000 soldiers Pervez Musharraf retrieved, she said it was the greatest blunder of Pakistan Army.35 Ex-Lt. General Ali Kuli khan says “Kargil was wasting of time”.36 The global reaction was also against Pakistan. One question revolves in the mind that who was the actual motivator of Kargill mission. The experts point towards Pervez Musharraf, as its background is very long. Their hatred against India was initiated at that time when Pervez Musharraf sought admission in the Army. In the war of 1965 and 1971, he adopted an insane attitude and after Simla Accord its impact was sealed on him forever. Later on, the Siachen incident in 1984 further put negative effects on Musharraf’s mind. The experts say that when Musharraf was leading the Brigade Command in Siachen in 1987, since then he thought about commanding and operation against India as during this period he had to observe the events and circumstances very closely. After that during 1993-95, Lt. General Musharraf gave some advices to the Prime Minister Benazir Bhutto (1993-96) with reference to Kargil but she rejected

35Benazir Bhutto, Dictatorship or Democracy, Lahore , 2002 p.196 36The weekly Friday Times, Islamabad, December 25, 1999 123 all of these. But when he was Corps Commander of Mangla, then he could see his intentions could be accomplished and he materialized his plan. General Musharraf spent a night in the some kilometers inside Indian Territory and the Indian General Vikram Parkash Singh had acknowledged this fact.37 Pervez Musharraf in a nationwide broadcast address said that the Armed Forces of the country would never disappoint the public nor it had ever done. He assured that Pakistani soldiers would spend last drop of their blood for the defense and solidarity of the country. He appealed to the nation to remain peaceful and lend him unflinching support for the prosperous and brighter Pakistan.38 After suspended the Constitution of 1973, General Pervez Musharraf imposed an interim constitution PCO on October 14, 1999 and created the post of Chief Executive (CE) instead of Chief Martial Law Administrator. It was a political strategy of Musharraf as this title was more acceptable in the western countries than Chief Martial Law Administrator. After long consultations, he retained President Rafiq Ahmad Tarrar on his post. He presented the details about triple “N” on October 17, 1999, given below: 1. NSC: National Security Council 2. NBR: National Bureau of Reconstruction 3. NAB: National Accountability Bureau

Musharraf explained the seven point agenda about the restoration of national economy and political road map.39 Musharraf introduced major changes in the government system. At the apex of the government machinery stood National Security Council that comprised of military and civilian members. It was constituted as a result of CE’s announcement, which he made on October 17, 1999. On October 25, 1999 General Musharraf formed NSC. It is notable that the Constitution of Pakistan does not allow it. Under Article: 243 of the Constitution of 1973, the President is the Supreme Commander of the Armed Forces while, Article 245

37Indian TV Channel, New Delhi TV, May 25,1999 38Hussain, Ishtiaq, “Pakistan’s October 1999 Military Coup: Its Causes and Consequences”, Asian Journal of Political Science Volume 8 Number 2, December 2000, p. 4 39General Pervez Musharraf, TV Address to the Nation, October 17, 1999 Major Points 1. Reconstruction of National confidence and morale 2. To strengthen the Federation and restoration of national integrity 3. Restoration of the economy so that the confidence of the investors might be restored. 4. Supremacy of Law and accomplishment by speedy justice 5. Eradication of politics from the national institutions 6. Transfer of Power on the basic level and the compulsory participation of the public 7. Impartial Accountability

124 envisage that, the Armed Forces shall defend Pakistan against external aggression or threat of war under the instructions of the Federal Government. That’s why the formation of NSC is thought to be Supra-Constitutional. However, Musharraf denied the allegation and stressed that the formation of NSC would bring democratic changes in the political structure of the country.40 The President would be the Chairman of the NSC. The other members would be the Prime Minister, the Chairman of the Senate, and the Speaker of the National Assembly, the Opposition leader, the Chief Ministers, the Chairman Joint Chiefs of Staff Committee, and the Chiefs of Staff of the Pakistan Army, Navy and Air Force. So, Musharraf became its head at the time of its establishment. The NSC took oath on November 6, 1999. It was consisted of eight members and Musharraf was head.41 Pervez Musharraf first of all launched National Security Council in the country and its head was Pervez Musharraf himself, while other forces chiefs were granted the status of members. Furthermore, in addition senior lawyer Syed Sharifuddin Pirzada, Dr. Mehmud Ahmed Ghazi and Javed Jabbar were appointed as advisers. In addition the school time friend of Pervez Musharraf, Tariq Aziz was entrusted the secretary ship of the Council. National Security Council was established for discussion and consultation on matters of strategic importance, governance and inter-provincial harmony. Musharraf enumerated various objectives of the NSC in the form of his Seven Point Agenda. As he said: The Council shall deliberate upon, discuss and tender advice to the Chief Executive on such matters as the Chief Executive may deem expedient and necessary to refer to the national security, foreign affairs, law and order, corruption, accountability, recovery of bank loans and public debts from defaulters, finance, economic and social welfare, health, education, Islamic ideology, human rights, protection of minorities and women development so as to achieve the aims and objectives enshrined in the Objectives Resolution of 1949.42The main objective of the establishment of NSC was to run the

40McGrath, Allen, The Destruction of Pakistan’s Democracy, New York, 2001, p.159 41Pervez Musharraf, p138 1. General Pervez Musharraf (Head) CE 2. Abdul Aziz Mirza (Chief of Naval Staff) 3. Air Marshal Mehdi Qurashi (Chief of Air Staff) 4. Sharifuddin Pirzada (Legal Advisor) 5. Aziz A Munshi (Attorney General) 6. Dr. Mehmud Ahmad Ghazi (Member) 7. Dr. Attiya Inayatullah (Member) 8. Javed Jabbar (Member)41 42Zaidi, S. Akbar, A Benevolent Dictatorship, Economic & Political, Weekly, Vol. 3, No. 34, October 16- 29, 1999, p.4 125 affairs of the county smoothly. It would be an institution in itself. Its main function was to hold check on the Prime Minister, his cabinet, his administration and even “on the institution of democracy itself”. The hidden motive behind the NSC was also to make the parliament ineffective: “The much dreaded NSC, introduced by General Pervez Musharraf, agitates against democratic values and undermines the growth of representative institutions.”43

The establishment of the NSC was not a democratic; rather it was thought to be supra- constitutional act, which the military regime introduced to reduce the role of the Prime Minister to zero. It was the replay of the traditions of earlier military rulers, introduced the NSC for their own interests. The military regime, through the NSC, tried to run the state affairs from the back seat. The president in military uniform was to head the NSC for the next 5 years. Another drawback of the NSC was that the chief ministers would not be able to work independently, because they were appointed by governors who were the nominees of the president. In short, the NSC was an unrestricted body and all embracing invasive institution. The public supported the Musharraf’s agenda because they had become fed up with the politics of the past. Number of political parties announced to support the political and social agenda of Musharraf. It was the same idea of NSC for which General Jahangir Karamat had resigned a year ago due to differences with Nawaz Sharif. In last Marital Law General Zia-ul-Haq could not accomplish the set up of this National Security Council. He had presented the initial sketch of NSC in his RCO.44 However, he could not implement the same due to strong political reaction. And the 8th Amendment was approved without the National Security Council. The idea of NSC has been existed in Pakistan in different era but in Pervez Musharraf regime this institution came into being legally. First NSC was constituted during the rule of General Muhammad Yahya Khan which remained in power from March 25, 1969 to December 20, 1971.45This was the age of interim constitution or Legal Framework Order. Major General Ghulam Omar was the Secretary General of the Council and its President was General Muhammad Yahya Khan. Thus, the command was handed over to Bhutto, and then it was dissolved. After that, NSC was established in the reign of General Muhammad

43Baxter, Craig, Pakistan under the Military, London, 2003, p.143 44Article 152-A, General Pervez Musharraf established NSC in Pakistan1999

45Saighal, Vinod, Restructuring Pakistan, New Delhi: Manas Publications, 2002, p.142 126

Zia-ul-Haq, which remained intact from March 29, 1985 to August 17, 1988.46 Its Secretary General was Major General, Rao Farman Ali Khan and after the death of Zia-ul-Haq the council also came to an end. Afterwards during Musharraf regime, NSC was necessitated and it was established on October 17, 1999. Its Secretary was Tariq Aziz and president was General Pervez Musharraf.47 Due to 17th Amendment Musharraf had got the approval of NSC’s legal status. This council existed from April 8, 2004 to 2010, while Pervez Musharraf during his regime was his last President up till August 18, 2008.48 Later on, with the promulgation of 18th Amendment it was abolished. After August 18, 2008, the Secretary General of NSC, Major General (R) Mehmud Ahmad Durrani and its President, Prime Minister Yousaf Raza Gillani, its status as presidential ordinance remained intact from October 17, 2008 to April 2009, but after the 17th Amendment its Legal Framework was created. President Musharraf was of the view that the political crisis could be averted through NSC. As during past there was a political instability due to lack of communication, hence, now all the important political and government institutions would play their due role in resolving the crisis. This institute was legally constituted in the country by adding Article 152- A49 in the Constitution. Pervez Musharraf, after the formation of National Security Council, made appointments on the political posts which included Lt. General Safdar as Governor Punjab, Air Marshal Azeem Daudpota as Governor Sind, Lt. General Shafiq as Governor of NWFP and Justice Ameer-ul-Mulk Mengal Governor for Baluchistan. Pervez Musharraf was of the view that from now onwards the Governor and the Corps Commander would work together for betterment. The oath taking of the governors also remained a puzzle as the 1973 Constitution had been suspended and the PCO was imposed. Pervez Musharraf nominated technocrats and persons with good fame for the federal cabinet. He appointed his close friend and Ex-Governor Sind, Lt. General (R) Moin-ud-din Haider (1942-b), as Interior Minister. The Finance

46Jeffery, Syed Asif Ali, Muhafiz-e- Pakistan, Lahore, 2006 , p.71 47Zaidi, S. Akbar, Politics of Opportunism, Economic & Political, Weekly, Vol. 37, No. 44, November 2-15, 2002 48The Daily Jung, Lahore, November 5, 1999 49Article: 152-A. According to the Constitution of Pakistan1973, There shall be a National Security Council to serve as a forum for consultation on strategic matters pertaining to the sovereignty, integrity and security of the State; and the matters relating to democracy, governance and inter-Provincial harmony. The President shall be the Chairman of the National Security Council and its other members shall be the Prime Minister, the Chairman of the Senate, the Speaker of the National Assembly, the Leader of the Opposition in the National Assembly, the Chief Ministers of the Provinces, the Chairman Joint Chiefs of Staff Committee, and the Chiefs of Staff of the Pakistan Army, Pakistan Navy and Pakistan Air Force. 127

Minister was entrusted another close friend Shoukat Aziz(1950-b).Ministry of Religious Affairs to Dr. Mehmud Ahmed Ghazi(1950-2010), Local Bodies to Umar Asghar Khan(1953-2002), Science and Technology to Prof. Dr. Atta-ur- Rehman(1942-b), Education to Zebeda Jalal(1959-b), Privatization to Altaf Hussain 1944-b), Law and Human Rights to barrister Shahida Jameel(1944-b), Foreign Affairs to Abdul Sattar(1943-b), Information and Broadcasting to Nisar Memon (1942-b), Trade, Industries and Production to Abdul Razzaq Dawood, Health and Manpower to Dr. Abdul Malik Kansi, Food & Agriculture to Shafqat Jamoot, Railway to Lt. General Javed Qazi(1941-b), Petroleum and Communications to Lt. General Nasir Javed(1933-b). Aziz. A. Munshi (1933-2009) was appointed as Attorney General, while Chief Election Commissioner Justice (R) Abdul Qadir Chudhary (1945-) and Governor State Bank Dr. Yaqoob were not changed and they completed their tenure of service. Pervez Musharraf was steadily moving ahead with his triple “N”50 policy and to achieve this objective, the set up of National Reconstruction Bureau was launched. Lt. General (R) Tanveer Naqvi was selected as its Chairman; General Pervez Musharraf confirmed his designation to Lt. General Naqvi also on the basis of personal relations. This institution further strengthened the political and social agenda of Pervez Musharraf. In the past when ever such policies were formulated on the national level that instability prevailed in the country and this factor further deteriorated the anarchy in Pakistan, hence, Pervez Musharraf launched this institution of NRB for compiling a policy on the national level. This institution was also set up due to the constitutional and the legislative consultation as per presidential ordinance on November 18, 1999. Musharraf had a clear vision how to run the affairs of the country and to strengthen it. In his speeches and addresses to the nation, from the very outset of his reign, he stressed on good governance, revival of economy, eradication of poverty, accountability and depoliticizing of state institutions. For all this, he announced to establish various institutions. National Reconstruction Bureau (NRB) was established under the chairmanship of Lt. General Tanveer Naqvi on November 1999. NRB is one of the two main institutions, established by military regime. The other was NAB. The motive behind the establishment of NRB was to reform political, social and administrative structure of the society. The NRB was established to revise policies and strategies for national reconstruction. It was

50Triples “N” Agenda of Pervez Musharraf Govt, it is just co incident that Musharraf introduced his policy and institution started from letter “N” NSC, NBR, NAB & NRO. 128 established to develop a scheme for devolution, in order to introduce democracy at grass root level. The establishment of NRB was one of the most moot decisions of the military regime. The NRB introduced novel innovations. It also demolished the old administrative and political system of the country. Introduction of the Local Government Scheme was one of its initial decisions. It was launched on August 14, 2000, when the military regime presented the Local Government Plan 2000.51The NRB was led by Chairman, and it consisted of the three members who were appointed on the basis of their experience in the areas of their respective capabilities relevant to its goals. The Chairman would be able to appoint Consultants and other staff for operational support. They would be termed as “Think Tanks”. The Bureau's Secretariat would contain four wings, Good Governance Group Wing, Administration Wing, Operations Wing, and Media and Governance Cell.52 Furthermore, on November 2002, the Federal Cabinet approved that NRB would function as part of the Prime Minister's Secretariat and would perform the economics tasks53 Corruption has been the major problem of the world and Pakistan is no exception. From the very outset of the history of Pakistan, the governments had been taking steps in a way or other to get rid of this menace. In 1947, the government promulgated Prevention of Corruption Act 1947. After that in 1961, Provincial Anti Corruption Establishment in 1961, was promulgated and the Federal Investigation Agency in 1975. In 1997, a Accountability Bureau was created. In 1999, the National Accountability Bureau (NAB) was created for the eradication of corruption. In his Seven Points Agenda, Musharraf had stressed on swift and just accountability. In order to ensure accountability, the military regime promulgated on November 16, 1999, the National Accountability Bureau Ordinance1999. In pursuance of this ordinance, NAB was set up under the Chairmanship of Lt Gen. Syed Muhammad

51LGS Plan 2000, www.lgs2000.govt.pk 52Zaidi, S. Akbar, State, Military and Social Transition: Improbable Future of Democracy in Pakistan, Economic & Political, Weekly, Vol. 40, No. 49, December 3-9, 2005, p. 5 53 NBR Plan, www.nbr.govt.pk Detailed are given below 1. NRB would generate fundamental thoughts for the promotion of good governance, 2. NRB would support democracy by reconstructing and strengthening various institutions. 3. NRB would reinforce the Federal and Provincial Governments for implementing LGS 4. NRB would interact with the Government Organizations. 5. NRB would amend the Local Government Laws 6. NRB would offer suggestions for the reconstruction of civil services at all levels. 7. NRB would provide assistance to the concerned Governments to implement the proposals. 8. NRB would make coordination with the national as well as international Think Tanks. 9. NRB would present a report during the month to Prime Minister on the performance Bureau. 10. NRB would arrange seminars and conferences and spread knowledge by using media 129

Amjad Ali, who had good name and fame. The head quarter of the NAB is situated in Islamabad. There are five regional offices in the four provinces. The headquarters wholly and solely perform monitoring functions. The regional offices would perform the function of investigation. However, the headquarters held very restricted capability for investigation. NAB was to be launched at once from January 1, 1985. National Accountability Bureau was established for the eradication of corruption’s wide spread in the country the investigation and prosecution of such cases, the recovery of large amounts from the defaulters, the recovery of state money and other assets and for the elimination of corruption through a holistic approach of awareness, prevention and enforcement.54 NAB’s main functions were ordered on practical lines and were arranged into four key divisions operations, Prosecution, Awareness and Prevention. The NAB formulated a National Anti Corruption Strategy (NACS) in 2002. It recommended anti corruption strategy of awareness, Prevention and enforcement in an environment, where corruption is widespread. From its inception to 2002, the NAB investigated included bureaucrats, politicians, businessmen and from Armed Forces, cases were referred to courts which convicted 239. The NAB’s actions have resulted in convictions of hitherto sacrosanct persons in all fields of public life, 532 bureaucrats, 180 politicians, 149 businessmen and 18 armed forces personnel have been investigated.55The NAB was to deal with corruption cases, and punishments prescribed including imprisonment, fines and disqualification from holding public offices and getting loans financial institutions which were sponsored by the government. However, the NAB did not take any solid and unbiased steps for uprooting corruption. Rather, the NAB showed partiality towards the politically unwanted people. The NAB’s credibility was not reliable. The evident proof of it was the regime’s deal with Nawaz Sharif, the ex Prime Minister, and his exile to Saudi Arab and amnesty to the members of his family. On the other hand, many politicians escaped from the clutches of the NAB only because of supporting the military regime. These politicians were those who were notorious for corruption, tax evasion, and loan defaulting and many other malpractices, “National Accountability Bureau was created by a Military Dictator after sabotaging Constitution of Pakistan 1973 by imposing Martial Law. If Martial Law of October 12, 1999 is invalid and illegal, then how can National

54Mehmud, Sohail, Musharraf’s Regime & the Governance Crisis, New York, 2008, p.164 55National Accountability Bureau Ordinance1999, www.nab.govt.pk 130

Accountability Bureau be Legal”56 NAB was established for accountability and to have check and balance over the performance of the departments and institutions. However, besides the NAB, Pervez Musharraf also introduced a new system of “Army Monitoring Team” on November 15, 1999. The approach behind the appointments of the army monitors officers was to improve the efficiency of civil officers, “The monitors were required to receive input from the field and pass it on to their top military brass for policy formulation”.57 The monitors were appointed in order to activate the efficiency of the departments as well as to keep check and balance so that the corruption might be avoided to possible extant. The army monitors were asked to prepare and submit performance and evolution reports of civil officers and their duties. The monitors were to send reports to higher authorities. During 1999- 2000, 3500 civil officers, including 1000 from Central Board of Revenue, faced inquiries on the reports of these monitors; the 1000 CBR officers were later suspended.58 In Education department, the army monitors visited various schools and colleges, where they were unwillingly welcomed, because of their interference in administrative and educational affairs. They visited these institutions and reported about teachers’ performance, absence from schools without prior leave, about free delivery of books to the students. Many teachers had to face inquiries on their reports. Many were suspended and many others were given warnings. On the whole, the system could not prove effective and useful. In order to strengthen the Army Monitoring System, the military regime promulgated two Ordinances; Removal from Services Ordinance 2000. II. Civil Servants Ordinance 2000.59 Through, these Ordinances, the monitors were given some special powers of dismissing the corrupt and inefficient officers, and for the premature retirement of the inefficient civil servants. However, the system proved imperfect due to many drawbacks in it. The army monitors cut in the proceedings and matters of the departments. They also misused their respective authorities. It also seems that the rationale behind introducing this system was to deter political opponents and the civil bureaucracy from challenging and questioning the writ of military rule. The authority of this institution was extensive and it possessed supremacy on matters and

56The Weekly Fact, Islamabad, November 3-10, 2003 57The Daily Dawn, Lahore, February 17, 2000 58Ashok K. Behuria, “How Military Dominates the Political Space in Pakistan: a Study of Musharraf’s Rule 1999-2008”, Journal of Peace Studies, Vol. 16, Issue 1-2, 2009, p.5 59Removal from Services Ordinance & Civil Servants Ordinance 2000, www.govt.org.pk 131 departments in addition to the foreign policy including economic, interior and national harmony. General Naqvi remained Chairman of NRB from November 18, 1999 to July 25, 2002 and after presenting new Local Government System, he left the job. After General Naqvi, Daniyal Aziz was appointed as Chairman NRB. After wards he served for this institution for a long time. It was NRB, which for the first time floated the idea of the presidential referendum and constitutional amendment. General Musharraf on October 17, 1999 presented his seven points agenda and stressed the need of clear and transparent accountability. Hence, he inaugurated the National Accountability Bureau on November 18, 1999. Although, the Accountability institution already existed in the country, but the governments of the past displayed partiality and got decisions to their liking from the courts, and due to this reason this institution had become notorious. General Pervez Musharraf for the restoration of the confidence of institution among public, he appointed Lt. General Syed Muhammad Amjad as its Chairman NAB. General Musharraf in an interview to AFP said that he would give the time frame for the Restoration of Democracy after strict accountability process.60 Benazir Bhutto remarked about the NAB “New Accountability Cell is like old wine in a new bottle”.61 While, Musharraf said, for speedy and cheaper justice the accountability courts had started functioning in the country. The political activities were very cooled down; a meeting of All Pakistan Advisory Council and all political parties was held at Lahore. The meeting was participated by the leading political parties and it was demanded from Musharraf in the Joint Statement of the meeting that “democracy must be restored and PCO, NSC and NBR were unacceptable”.62 While, General Musharraf had media talk and said; that he has not come for a few months but he would accomplish his agenda.63 The outcome of the accountability courts began to reach the public and the Ex-Chief Minister of Punjab, Arif Nakai became the first victim of these courts. Apart from the confiscation of the property he was disqualified from taking part in the politics for 21 years.64After that a long sequence of such incidents began and the accountability courts were making decisions and these acts were getting popular among the public. It was a coincidence

60AFP; Agency France Press; Established 1835, the world top breaking news agency, AFP.com 2000 61Benazir Bhutto, p.329 62APC, All Parties Conference held at Lahore on December12, 1999. A joint statement was issue to demand to Musharraf to review the Martial Law 1999. 63The Daily Washington Times, New York, USA, December 24, 1999 64Zaidi, S. Akbar, Elections: Continuity Rather Than Change, Economic & Political, Weekly, Vol. 4, No. 37, November 2002, pp. 2-7 132 that mostly the politicians were victimized by the accountability courts. The performance of NAB remained unprecedented as it initiated corruption cases against big names and got the credit from the courts, while this institution deposited more than two Billion Rupees in the government treasury but no action could be taken by NAB against the military officers as they were declared above the law by the Presidential Ordinance.65The politicians were perplexed against the accountability law as they were of the view that the courts without taking the demands of justice in consideration were hastily deciding the cases though influence. While, Nawaz Sharif was also victimized by the Accountability Court. The Chairman NAB said that to clean the filth of the country further many years were required and to accelerate the accountability activity twenty three more accountability courts were going to establish.66 The first contact of deposed Prime Minister Nawaz Sharif with his family was made through the security in charge of Raiwind House, Major Attiq-ur-Rehman, Nawaz Sharif was continuously under detention and news about his welfare was casually received. After twenty nine days of the abolition of Nawaz government an FIR was registered by the plaintiff Lt. Colonel Attiq Kiani against Nawaz Sharif under the sections of criminal conspiracy, hijacking, murder attempt and terrorism at the Karachi Airport police station on 10th November.67 Nawaz Sharif and his accomplices who were already under arrest were shifted to Karachi. The first hearing of the case was held in the Anti-Terrorist Court on November 12, 1999 and he was apprised of the detail of allegations. Under sections 304, 402-B, 365-120 / 34, ATC-7 Nawaz Sharif and his companions were nominated in the case. They included Syed Ghous Ali Shah, Aminullah Chudhary, Shahid Khaqaan Abbassi and Rana Maqbool Ahmed who were accused for providing assistance in the crime. Eventually, on April 6, 2000, the last hearing of the famous plane hijacking case was completed, after the completion of the court proceeding. The special judge of Anti Terrorist Court, Mr. Rehmat Hussain Jaffri announced his decision on 11:36 A.M which comprised of 157 pages.68 The Judge declared, Mr. Nawaz Sharif as criminal and awarded him two times life rigorous imprisonment, confiscation of his property, penalty of Rs 3 million

65The Daily Observer, London, May 13, 2000 66Elhan Niaz, The Culture of Power and Governance of Pakistan 1947-2008, Oxford: University Press, Karachi, 2010, p. 200. 67FIR No. 201 -1999, Airport police station, November10, 1999, complaint by Lt. Conele Attiq-ur- Rehman, Nawaz Sharif & 7 others. 68Zaidi, S. Akbar, Musharraf’s Silent Revolution: Undone by Democracy, Economic & Political, Weekly, Vol. 38, No. 29, July 19-25, 2003, p.6 133 and disqualified him from participating in the political activities for 21 years. Ironically, the other accused, which extended help in the crime were given the benefit of doubt and were released. The world media was following this case and mixed reaction was expressed on the verdict. Nawaz Sharif termed this decision as engineered. But the stance of Pervez Musharraf in this context was that the courts were free and he had no influence on the court’s decision as these were functioning according to the law. 4.3 Provisional Constitutional Order (PCO) January 26, 2000 After military coup, Pervez Musharraf continued political and legal consultation with the experts and also meet with Chief Justice Supreme Court Mr. Justice Saeed-ud- Zaman Saddique (1937-2017), Musharraf requested for cooperation. CJP ensured his cooperation and said “providing of justice is the prime duty of the judiciary and the elimination of corruption from the country his priority”.69 It is worth mentioning that Pervez Musharraf desired to seek “Exclusive Co-operation” from the courts, as he was doubtful that if any constitutional petition was filed for hearing then the decision could not be given against him. Chief Justice explicitly declared that the government should function according to the Constitution of Pakistan and let the courts perform their duties according to the law. Chief Justice Saeed-ud-Zaman Saddique further reiterated that no act would be done against the constitution, while the military government was insisting that then judges should take oath under the PCO so that this condition of unrest might come to an end. The Chief Justice refused and said that he would function only under the Constitution of 1973. This meeting was in good envoirment but Musharraf was not too much happy. On December 1, 1999, a Constitutional Writ petition was filed by Ex-MNA, Zafar Ali Shah (PML-N) against the military government which was approved for hearing. The military government disliked this move. Musharraf cabinet was looking the matter finally on the advice of NSC member and legal adviser, Mr. Sharifuddin Pirzada lay out the plan of PCO. Musharraf Government endorsed the decisions that it is considered mandatory for the Judges of Supreme Court and High Courts to take oath under PCO 1999. There were total 120 Judges, only 89 Judges took the oath and some very renowned Judges refused to take the oath, included were Mr. Justice Khalil-ur-Rehman, Mr. Justice Nasir Aslam Zahid, Mr. Justice Mammon, and Mr. Justice Waheed uddin, Mr. Justice

69Interview of Ex CJP Saeed ud Zaman Saddique, The Sunday Magazine Jung, August 14, 2002 134

Kamal Mehmud and Chief Justice of Pakistan, Mr. Justice Saeed-ud-Zaman Saddique. Thirteen judges of the superior judiciary, including Chief Justice of Pakistan Mr. Justice Saiduzzaman Saddique, ceased to hold office after they refused to take fresh oath under the Provisional Constitutional Order (PCO), on January 26, 2000. Mr. Justice Irshad Hassan Khan became the new Chief Justice of the Pakistan, Federal Shariat Court and four High Courts were administered oath under the PCO. Six judges of the apex court, including the Chief Justice refused to take fresh oath. The other seven judges who were not invited for the oath were two from the Lahore High Court (LHC), two from Peshawar High Court (PHC) and three from Sind High Court (SHC). The seven Supreme Court judges who took oath under the PCO were Mr. Justice Irshad Hassan Khan (Chief Justice), Mr. Justice Bashir Jehangiri, Mr. Justice Abdur Rehman Khan, Mr. Justice Sheikh Riaz Ahmed, Mr. Justice Munir A Sheikh, Mr. Justice Sheikh Ejaz Nisar, and Mr. Justice Ch. Muhammad Arif.70 A number of constitutional petitions against the military takeover were fixed before the Supreme Court for January 31, 2000. Like the PCO1981, General Musharraf’s PCO 2000 removed the power of the judiciary to decide whether legislation was valid. Any judge who took the oath bound himself in advance not to question anything contained in the order. Later on, Saeed-ud-Zaman Saddique said in an interview, the government had the threat these judges taking oath under PCO might declare the 12th October as illegal, hence, the government considered it mandatory for the judges to take oath on PCO and some of the judges were not even offered to take oath on PCO. One night before the swearing ceremony, he was informed through a military officer that he could not go to his office. In this regard armed security was deputed on my residence and in this way they was deprived me to perform duties.71 Moreover; Ex- CJP said PCO was the Law of Individual, which has no athencity; it was just Law of

70The heroic judges with grit enough to refuse the military diktat of taking Oaths under the PCO(Provisional Constitutional Order) as against the abrogated Constitution of 1973 were: The judges who refused were Chief Justice Mr. Justice Saiduzzaman Saddique (who was due to retire on Nov 11, 2000), Mar Justice Mamoon Qazi (retiring date Dec 29, 2000), Mr. Justice Nasir Aslam Zahid (Feb 2, 2000), Mr. Justice Khalil ur Rehman (April 24, 2001), Mr. Justice Wajihuddin Ahmed (November 2003), and Mr. Justice Kamal Mansoor Alam (April 2002). In Punjab, 41 out of total 43 Judges of the Lahore High Court were administered the oath. Only two Judges Mr. Justice Ehsan ul Haq Ch and Mr. Justice Najam ul Hassan Kazmi did not take oath. In Sind, three High Court judges Mr. Justice Dr Ghous Muhammad, Mr. Justice Rasheed Ahmed Rizvi and Mr. Justice Mushtaq Ahmed Memon were not invited to take fresh oath under POC in Karachi. In Quetta, Chief Justice of Baluchistan High Court (BHC) Mr. Justice Iftikhar Muhammad Chudhary and four other High Court judges took a fresh oath under PCO. 71Moten ,Abdul Rashid, “From Crisis to Crisis: Musharraf’s Personal Rule and the 2002 Elections in Pakistan”, The Muslim World, July-October 2003, pp. 3-5 135

Musharraf.72 Benazir Bhutto reacted, she said to remove the judiciary is highly unconstitutional.73 BBC’s views on hunting the judiciary in Pakistan, “every government considered the judiciary is main hurdle on their way”.74 Time & News magazine reviewed about it, “refusal to taking the oath from some honorable judges, a huge hit on the face of the government.”75 ARD and GAD highly condemn the Government’s action. After that Mr. Justice Irshad Hussain Khan (1937-b) was appointed the Chief Justice Supreme Court of Pakistan on the basis of seniority. Hence, on the accomplishment of this mission the military government took a sigh of relief and it got busy in the completion of its agenda. The January 26, 2000 is very significant as our neighboring country celebrates its “Republic Day” on the same day, while, what we are doing is repeated imposition of Martial Law which has black spotted our country and even after fifty years of our independence we could not start our journey of democracy. After the victory on judiciary, Musharraf felt more comfortable for his government, which was obvious threat for him. Pakistan Bar Council (PBC) staged strong protest against CJP Irshad Hussain Khan for taking oath under PCO. However, the circumstances were not favorable; hence, no movement could be initiated but in the PBC passed the resolutions including the resistance resolution. The civil society also adopted a way of hatred ness against Musharraf who had been earlier welcomed by this society. The Chief Justice said that the “Theory of Necessity could be revived”76 and Musharraf could do legislation during the suspension of the constitution. While Musharraf said that the oath on PCO was in the national interest. Now the loyalty of most of the judges of the courts had become suspicious. The PBC had become wrestling arena, but they also passed the resolution against the PCO. Ultimately, the Supreme Court on May 12, 2000, declared the action of 12th October as fair through a unanimous decision.77 The short decision was consist of 27 pages and CJP announced it in 34 mints duration. In the case Zafar Ali Shah vs. General Pervez Musharraf government, the Supreme Court awarded a period of three years, time frame from October 12, 1999 to October 12, 2002 to enable the

72Muhammad Nasrullah Virk, Doctrine of Necessity-Application in Pakistan- Cases of Immense Importance- A Critical Review, International J. Social. Science & Education, Vol. 2 Issue 2, 2012 ISSN: 2223-4934 Ph.D. Scholar University of Education, Pakistan, p. 7 73Benazir Bhutto, p. 247 74BBC, British Broad Casting Radio Services, London, England, BBC, Urdu.com January2000 75The Times & News USA, January 29, 2000 76The Daily Jung, Lahore, March 18, 2000 77Dr. Mughees Ahmad, Legitimacy Crisis in Pakistan: A Comprehensive Study of the Political Behavior, Journal of Political Studies, 2010, p. 5 136 government to make legislation and accountability within the country. Supreme Court of Pakistan further declared that the accountability programme of Musharraf government was much better than the previous governments. Keeping up with the past traditions the judiciary once again supported the looters of the basic rights of the citizens, which was a curse of the period of Justice Munir Ahmed and he reviled it. Molvi Tamez-ud-din case, Dooso versus State case, Asma Jilani case, and Nusrat Bhutto case and now Zafar Ali Shah case, the attitude of the judiciary never changed at all; instead these courts provided foundation and legal reasoning to the military governments. At that time there was no restriction on the judiciary by Pervez Musharraf.

The reaction of the politicians was quite natural, Qazi Hussain Ahmad, of JI said, Judiciary was bound for this kind of decision.78 Benazir said, such decision was expected.79 The petitioner, Zafar Ali Shah said it is hard luck of the nation, today on May 12th; Supreme Court validates the Military Coup. It was the nasty day for Pakistan.80 ANP leader Asfand Yar said, we already know that Musharraf would got a lion share.81 Some legal experts have views, Ex-Justice. Javed Iqbal said, this decision is just joking with democracy.82Ex-President of SBC Abid Hussain Minto said, Doctrine of Necessity had becomes the need of the state.83 International media also expressed their views, VOG said; decision is a cool breeze for Musharraf.84 BBC says, Musharraf get a relief package but after October 2002 troubles for Musharraf and it would not be easy.85On the whole, the Musharraf Government gained strength and the political parties got disappointment, while the fed up public approved this decision to great extent. The political experts were of the view that nothing new has happened and everybody was expecting the same results, while the politicians leveled the allegation of partiality. After the Court Order, Musharraf Government had gained more energy and his government had also achieved the legal status. Pervez Musharraf began to move his political agenda ahead and continued his sequence of political

78Ghafoor Ahmad, Pervez Musharraf: Army House Sey Ewan Sadr Tak, Alqamer Enterprise, Lahore, 2009, p. 185 79The Daily Din, Lahore, May 15, 2000 80The Daily News, Lahore, May 14, 2000 81Zaidi, S. Akbar, Pakistan: Legitimizing Military Rule, Economy & Political Weekly, Vol. 36, No.40, October 6-12, 2001, p. 2 82The Daily Nawa-e-Waqat, Lahore, May 14, 2000 83The Daily Express, Lahore, May 14, 2000 84VOG, Voice of Germany Radio Service, Germany 85BBC, British Broad Casting Radio Services, London, England 137 meetings. He called on various political parties. The breakfast and dinner meetings were held. The politicians included Imran Khan(1952-b), Mian Azhar (1945-b), Ejaz- ul-Haq(1952-b), Ch. Shujaat Hussain (1946-b), Pervez Elahi (1946-b)the leaders of MQM and PPP, Allama Tahir ul Qadri(1951-b), Maulana Fazal-ur-Rehman(1953- b)and the leadership of ANP and of various political and religious parties promoted mutual relationship. As in near future these politicians could be necessitated, and actually these politicians were eager to seek favor of Pervez Musharraf. One side Musharraf was enhancing the relations with political parties and on the other side two famous lady Mrs. Kulsoom Nawaz (1950-b) and Benazir Bhutto (1953-2007) started a joint struggle against the Musharraf Government as husbands of both the ladies were in prisons. The political parties were victimized by anarchy. There was no organized opposition inside the country against Pervez Musharraf which would have tackled Musharraf without any problem. Now Musharraf was openly stating in press and public meetings that he would not transfer the power to Benazir Bhutto or Nawaz Sharif, in this regard Musharraf issued an ordinance that the incapable politicians would be removed from the leadership of the political parties. Nawaz Sharif was in jail and Benazir Bhutto was abroad in self exile and both the parties were disintegrated. GDA86 had practically finished, under these circumstances with the help of ISI, Musharraf constituted Pakistan Muslim League Quaid-e-Azam PML-Q with the deserters of other political parties. This party was named as King’s party by Benazir Bhutto.87 Ch. Shujaat Hussain and Mian Azhar became the presidents and were previously the part of Muslim League Nawaz. The workers of other political parties were forced to join PML-Q through incentives, threats and blackmailing and were patronized by the government and hence, Pervez Elahi would openly claim that they would elect Pervez Musharraf as President in the military uniform for ten times.88 The “Think Tank” of Pervez Musharraf was compiling policies for the solidarity of Pakistan. NBR and NAB were also busy in their activities. There was a stand still on the political activities and the public were entirely associated with the politics. Alliance for the

86GDA Alliance, in second term of Nawaz Sharif 1997-99, the political parties of Pakistan arrange a political alliance against Govt on September 14, 1999. Nawabzada Nasser Ullah khan was president of the alliance. Major political parties were on board. 87Benazir Bhutto, p. 71 88The Daily Jung, Lahore, December 28, 2000 138

Restoration of Democracy (ARD)89 was formed against Pervez Musharraf on December 3, 2000; the prime objective of the Alliance was to restoration of democracy in the country. About 18 Large and small parties including PPP and PML- N joined the alliance and after a long time the sense of the existence of a strong organized opposition were felt in the country. As PML-N was the main affected group so its reaction was very harsh. Mrs. Kulsoom Nawaz Sharif had practically entered in the active politics against the life imprisonment of her husband. The Father of Democracy in Pakistan, Nawabzada Nasrullah Khan (1916-2003) was unanimously nominated as the President of ARD. Mrs. Kulsoom Nawaz for the first time adopted a flexible attitude towards military government and said, “Anything could happen including reconciliation with the military government”.90The observers were amazed on this act of soft corner for military. “The Reuter” was the first who break the news about the willingness of Nawaz Sharif for ten years exile along with his family.91 But no one paid attention to this news, but on December 12, 2000, people were surprised to know that Pervez Musharraf under strenuous international pressure has exiled Nawaz Sharif and his family to Saudi Arab. Nawaz Sharif and Shahbaz Sharif along with 30 members of their family left for Saudi Arabia. The detail of the ten year agreement were not made public, however, it was a silent agreement. Pervez Musharraf himself acknowledged this fact that Nawaz Sharif possessed great hatredness for him, but he pardoned Nawaz Sharif.92The political observers commented on the exile of Nawaz Sharif and expressed their views that Nawaz Sharif had made a wise decision while others were of the view that Nawaz Sharif would not have performed in this way. While Pervez Musharraf in acute helplessness allowed Nawaz Sharif to leave the country. In the support of Nawaz Sharif, Indian Prime Minister Attal Bihari Vajpayee, Sheikh Hammed Al Thani, King of Qatar, Sheikh Zaid bin Sultan Al-Nayhan President of UAE, King Abdullah of Saudi Arabia, Sheikh Khaluifa Ameer of Bahrain, and Chudhary Sarwar of UK along with President of United States Mr. Bill Clinton

89ARD; Alliance for Restoration of Democracy, this political alliance was set up on December 3, 2000, against Musharraf period. 18 political parties were on board and this alliance was come to end on March 24, 2008. 90The Daily Washington Times, USA, December 4, 2000 91Router, established 1851, the world top breaking news, December 8, 2000 92Pervez Musharraf Govt spokesmen Brigadier Rashid Qurashi had a Press Conference on Television & Radio Address to the Nation, December 13, 2000 139 appealed for Nawaz Sharif’s release.93 Pervez Musharraf said that he had taken this step on the request of the head of friendly states as he had no personal grudge against Nawaz Sharif. According to the exile agreement, Nawaz Sharif and family would live in exile and would also not take part in the politics. Pervez Musharraf removed the Nawaz Sharif government and seized the rule of the country. The only favor he did for the nation that he did not impose Martial Law. Simultaneously, he suspended National and Provincial Assemblies, Senate, Speakers and Deputy Speaker of the Assemblies and Chairman of the Senate on October 14, 1999.

Like his predecessor military ruler General Zia-ul-Haq he let the elected President to remain in his office. The way Zia-ul-Haq had made President Fazal Elahi Chudhary as “Show Piece”, Musharraf also accorded President Rafiq Tarrar the same status. General Pervez Musharraf suspended the Constitution and issued Provisional Constitutional Order (PCO), and established a National Security Council for running the government affairs and as a Chief Executive of Pakistan became the head of the state. A mixed reaction was observed inside and outside the country after taking over of Pakistan’s rule. Anti Nawaz Sharif political parties and politicians, whose interests in the Nawaz era had not been fulfilled welcomed this military intervention and once again in this country such people who were the worshippers of the rising sun got the opportunity and they began to call the dictator as the “Savior of the Nation”. So the past traditional history of the country was once again repeating itself. Another democratic period of Pakistan ended and a dark period of military rule was commenced. When the military government assumes the control, they make very attractive and pleasant promises. In the beginning it seemed that there is no one else in the country than these rulers with great sympathy for the destitute and poor people of the nation, and they stake claim to take the country to the heights of glory and magnificence. Similarly, Pervez Musharraf did not apply his seven point agenda practically even to the extent of 25 per cent since him taking over the rule up till April 30, 2002. But the conditions of the country became even worse than the previous regime, which had been declared as the rule of corrupt and deterioration of country’s economy. The seventh point was implemented and the nation had a number of

93The world renewed leader was requested to Pervez Musharraf to forgive the Nawaz Sharif, it was difficult decision but in their regards he accept the proposal and bail out him, but it is to be noted so many time he says on media, he would never transferred the power to both leaders Mian Nawaz Sharif & Benazir Bhutto even they got majority in election they will remain on exile till they are in power. 140 reservations on this factor. General Pervez Musharraf like his predecessor General Zia-ul-Haq announced the programme of accountability. National Accountability Bureau (NAB) was established and it started functioning with reference to this liability. Due to performance of accountability bureau and courts since their start in 2002, a number of politicians, bureaucrats and government officials have been disqualified from being elected on public and government posts along with heavy penalty imposed and confiscation of their property.

Many politicians, bureaucrats and government servants have been released from the cases, prepared by the accountability bureau, by the accountability courts. Some of them were released after bargaining and big deals with the accountability bureau. Hence, the position of accountability bureau became suspicious due to many reasons and the expectations of public began to decline and this impression became common that Musharraf government has double standards and they keep their liking and disliking in the accountability process. The expectations of the public were without any logic as if they had remembered the regimes of past military rulers then they would themselves have come to know that these measures are adopted by the military rulers to strengthen their own rule hence, the accountability bureau also followed the direction of the government in the same way as used to happen in the period of General Zia-ul-Haq, to keep their opposition under control and give privileges to the supporters. The Accountability Bureau was also moving on the same lines. In a bid to keep their reputation intact, some innocent government servants were sacrificed and then these punishments are propagated through state media. Only one conviction could be said as exemplary and that was given to the Ex-Naval Chief Admiral Mansoor-ul-Haq and he was brought back from the US and put in the jail. But the activity took the complexion of bargaining and the whole process against the ex Naval Chief became doubtful. The propaganda of the deposit of looted wealth in the government treasury also became fruitless and the condition of national economy adopted worsening position day by day. The industrialists and traders were threatened through various laws and as a reaction the strikes were also held and instead of implementation on seven point agenda the void started to appear in the backbone of economy. The tax burden on the public instead of reducing continued to increase from 1999 to 2002. The prices of the essential commodities raised enormously and the situation reached

141 such a critical position that hundreds of people preferred to commit suicides due to poverty and destitute. First, the prices of petroleum and its products were raised by the government and then such a procedure was devised that people were still on the mercy of the private oil companies. When Pervez Musharraf began to adopt practical measures and imposed his policies with high claims then the mass media especially, newspapers began to criticize. But the government and administration were deaf and they were not ready to give ears to any of the criticism. The rising prices had broken the back of the public. The dreadful incidents of terrorism took place all over the country. Bomb blasts, murders, robbery and looting along with the sectarian terrorism. There was only one obvious change in the Musharraf regime than the previous governments that now no sessions of Senate and Assemblies were held, otherwise the pattern of the occurrence of events was same which would be ridiculed by Pervez Musharraf in his speeches and criticized. In the first two years of the Musharraf Government the withdrawal of the imposed policies due to the public reaction made a unique record in Pakistan’s political history. The tax survey against the traders and businessmen was started with great enthusiasm, but in the wake of the reaction and protest strikes forced the government to revise its policy. General Pervez Musharraf Chief of Army Staff and Chairman Joint Chiefs of Staff Committee, after becoming the first ever Chief Executive of the country, also took over the charge of the post of President of Pakistan on June 20, 2001. He was sworn in by the CJP Irshad Hassan Khan. He was the same Justice who had accorded three years as delay to Pervez Musharraf and had also granted the authority of making amendments in the Constitution of 1973. A mix reaction was arising, BBC said, it’s not a big deal in Pakistan, just history is repeating.94 Economist said, Musharraf desire a strong role in civil government. 95Musharraf termed the taking over as President of Pakistan a difficult decision and said that he was thinking over this change for quite some time. The amusement he got from the designation through a difficult decision, he felt that three years time granted by Supreme Court to him was not enough while his predecessors in their greed for power had implemented their plans and served for a very long time as President. Like the past military rulers in country, Pervez Musharraf was also overwhelmed by the group of admirers and he also seemed to watch foliage around him and hence, he also began to consider himself as an indispensible and

94The BBC, London, June 22, 2001 BBC.Urdu.com 95The Daily Economist, London, June 22, 2001 142 savior for the country. Most probably he would have thought that he must have been appointed on this dignified post much earlier. The Supreme Court accorded powers for three years to hold General Elections and allowed to amend the constitution. He set up National Reconstruction Bureau like General Ayub Khan and strengthened his rule, due to his designed policies and selected paths and adopted measures for increasing his power to rule, and simultaneously, declared every step of his as fair and for the betterment of the country like all military dictators. He designed such plan for the longevity of his rule like his predecessors and ensured implementation on these and conducted local body elections in the name of “City Government Plan*”.96 Now the system which was being introduced was directly associated with the survival of Pervez Musharraf, hence, the Elections held under the “City Government Plan” were actually to bring such persons who would be elected to made the first step of ladder towards the extension in the rule. Before mentioning the conduct of referendum for getting his tenure as President extended and also discuss its reason or constitutional status, it is pertinent to expose that scene briefly that the same fear, style and thinking used to be behind the measures adopted by Pervez Musharraf, which was the motivating factor behind the measures of his predecessor dictator General Zia-ul-Haq. The only difference was that General Zia would always speak about Islam while General Pervez Musharraf would talk about liberalism. The objectives of General Zia-ul-Haq was to save himself from the sentence as proposed by the “Article 6”97 Constitution of 1973 for suspending the constitution and prolong his rule, while the same was the case with General Pervez Musharraf, who intended to take the benefit of the duration accorded by the Supreme Court and hence, made amendments in the constitution according to his willingness. Because, if the parliament made decisions contrary to his compliance in October 2002, then every plan would turn turtle. Similarly, the amendments could be abolished and the measures could also be declared as unconstitutional, so if the ultimate end was to be as feared then the only way to save oneself from this threat was to give longevity to

96Sheikh Nadeem Ahmad & Sajida Begum, Historical Perspective of the Political and Constitutional Development in Pakistan, Journal of Humanities and Social Sciences, (IOSR-JHSS), Volume 20, February 2015, p.5-6 *District Devolution Plan 2000, www.govt,org.pk The Musharraf Govt. introduced the Local Bodies System in Pakistan, before Musharraf, General Ayub Khan & General Zia-ul-Haq also introduced the LGS. 97Article 6; According to this Article in Constitution of Pakistan 1973, who suspended or abrogate the Constitution, he will be awarded the death penalty. 143 the rule similar to General Zia-ul-Haq’s measures. The Indo-Pak relations again became worse and India had deputed major part of its military on Pakistani border in January 2000. This situation existed for 18 months. In fact the aero plane of Indian Airlines was hijacked from Katmandu Nepal and brought to Lahore in the last week of December 1999. It flew to Dubai after a few hours rest and then landed in Kabul, Afghanistan. After long dialogues three Pakistani citizens Maulana Masood Ahmed Azhar, Ibrahim Zargar and Umar Saeed were released from the captivity of India and came to Pakistan after being released. The Indian insisted that Pak army was involved in this incident. Thus the relations once again became tense. Musharraf made several efforts to improve the mutual relations but could not succeed. In March 2000, Musharraf gave US President Bill Clinton indications of better relations with India. Musharraf A.B.Vajpayee meeting was scheduled in India. But a condition was imposed by India that India is the largest democracy of the world and they never welcome any military dictator. Musharraf got an easy solution of this problem and dismissed President Rafiq Tarrar from his post and on June 21, 2001 appointed himself as the President of Pakistan and attended the Agra SAARC conference in India in 2001.Benazir Bhutto said that the same treatment was accorded to Musharraf as was given by him to Vajpayee during his Pakistan’s visit as Indian army chief refused to salute him.98 General Pervez Musharraf adopted an entirely different attitude regarding Pakistan’s relations with India When after great efforts he succeeded in getting the visit of India approved from the neighboring country, than the stand adopted by him in Agra was more likely to be a deliberate push by someone. Anyhow, that push went in the favor of General Pervez Musharraf that he defended Pakistan’s policy about Kashmir, while in India insisted on his stance. He was well aware of the fact that the Pakistani nation was very much emotional with reference to Kashmir and would welcome on this act. The situation occurred as desired by Pervez Musharraf and public’s hatredness for his failure to improve the internal affairs of Pakistan was reduced to some extent and the religious groups of Kashmir adorned him with various titles. In this way he once again was successful in exploiting the sentiments of nation through this psychological move. The Foreign Minister of the India Mr. Jaswant Singh said, if both countries started the dialogue they have to start

98Benazir Bhutto, P. 471 144 from Simla Agreement and Lahore Declaration.99 While Musharraf says these agreements are beneficial to solving the Kashmir issue.100 Benazir Bhutto said, Musharraf is responsible for failure of Agra Summit, because he is not capable, just politician can solve the issues.101 Agra Summit was fail because both leaders want the joints statement should be their reflection, but establishment of both countries takes the hard line about Kashmir and terrorism. The media creates height about the visit but finally Musharraf returns to home with empty hands. 4.4 Musharraf’s Political Model and Devolution Plan 2001 During the colonial rule in India, the local government system had been run through the centralized authoritative structure. Comparatively, after independence military regimes had focused on local government system more than civilian rulers. Other than Ayub Khan’s ‘Basic Democracy’ and Zia-ul-Haq’s ‘Local Bodies system’ Pervez Musharraf had introduced ‘Devolution of Power Plan 2001’ under the concept of decentralization of powers.102 The structural changes had made the local governments more powerful and effective than before to address masses problems at the grassroots level. First time in the political history of Pakistan, bureaucracy was made subordinate to the elected representatives of the public at the local level. Despite encouraging public participation in the political process, the structural change in the system could not adequately function without any proper planning and implementation. Especially, the bureaucracy could not feel comfortable working in subordination of the local leadership and encouraged the non cooperative tendencies. Resultantly, the system collapsed with the end of Musharraf era. The present study is to discuss the structural modification of the Local Government System in Pakistan and its functional performance during Musharraf regime from 2001 to 2008. For the purpose, the works of different authors on decentralization and devolution, in general, and on the devolution of powers to local governments and their impacts in Pakistan, in particular, have been analyzed and compared to suggest some beneficial measures for its future implication. Musharraf government launched a campaign for political devolution in 2000 that it said was aimed at transferring administrative and financial power to local

99The Daily India Today, July 05, 2001 100Pervez Musharraf, p, 317 101Benazir Bhutto, p.475 102Abbasi, Muhammad Zakir, Devolution of Powers to Local Governments in Pakistan During Musharraf Regime, Pakistan Journal of Social Sciences (PJSS) Vol. 35, No. 2, 2015, pp. 3-4

145 governments. The scheme was to strengthen local control and accountability and, according to President Pervez Musharraf, empower the impoverished. In practice, however, it has undercut established political parties and drained power away from the provinces while doing little to minimize corruption or establish clear accountability at a local level. The reforms, far from enhancing democracy, have strengthened military rule and may actually raise the risks of internal conflict. Under the Devolution of Power Plan announced in August 2000, local governments were to be elected on a non-party basis in phased voting between December 2000 and July 2001. District and sub-district governments have since been installed in 101 districts, including four cities. Operating under its respective provincial Local Government Ordinance 2001, each has its Nazim and Naib Nazim (Mayor and Deputy Mayor), elected council and administration. Like previous local government plans, Musharraf's called for re-establishing elected local councils at district and sub district levels. It promised substantial autonomy for elected local officials and, most notably, placed an elected official as overall head of district administration, management and development, reversing a century old system that subordinated elected politicians to bureaucrats. Musharraf's scheme ostensibly aimed at establishing the foundations of genuine local democracy. However, the main rationale for devolution was and remains regime legitimacy and survival. Aside from the widespread allegations of rigging and manipulation that have shadowed them, the non partisan nature of the local elections has exacerbated ethnic, caste and tribal divisions and undermined the organizational coherence of political parties.103 Devolution, in fact, has proved little more than cover for further centralized control over the lower levels of government. Despite the rhetoric from Islamabad of empowerment, local governments have only nominal powers. Devolution from the centre directly to the local levels, moreover, negates the normal concept of decentralization since Pakistan’s principal federal units, its four provinces, have been bypassed. The misuse of local government officials during the April 2002 Presidential Referendum and the General Elections 2002 has left little doubt that these governments were primarily instituted to create a pliant political elite that could help root the military’s power in local politics and displace its traditional civilian

103Mahmond, Shandanan Khan, Representative Decentralization vs. Participatory Decentralization: Critical Analysis of the Local Government plan 2000, Orient Longman, New Delhi, 2001, p. 48

146 adversaries. Friction is growing between various levels of government, especially since the military transferred power, at least formally, to the central and provincial governments that were formed after the 2002 elections. These tensions are partly the result of the manner in which the devolution plan was devised and implemented in the absence of elected officials and against the strong opposition of the major political parties, civil society and media. The reliable and close aide of General Musharraf, General (R) Tanveer Naqvi presented a programme of “District Government System 2000” under which the powers would be devolved to lowest level. The district government would be completely autonomous and the provincial and federal governments would provide financial assistance to them. While, the local governments would explore their resources by themselves. Pervez Musharraf giving the details about the plan of Local Government, he said these LGS would complete August 2000, General Musharraf had revealed Local Government Plan in order to build actual democratic institutions and authorize the people at grass root level. According to the given schedule, this system was to be completed in two phases from December 2000 to May 2001 (Union Councils) and in July 2001 (District Council).104According to new system the divisional headquarters of the country will be abolished and District Governments would be replaced. The major objectives of the new political system, was to Devolution, Administrative Decentralization, and the distribution of sources to the Local Governments. The new local government scheme was based on five fundamentals: 1. Devolution of Political Power 2. Decentralization of Administrative Authority 3. De-concentration of Management Functions 4. Diffusion of the Power Authority Nexus 5. Distribution of Resources at the District Level105 The devolution plan proposed a regime of reforms in judiciary, politics, civil service, and accountability, main objective of the plan was to devolve political power, diffuse power authority nexus, institutionalize sources, and to empower citizens to take part in local policy over how to distribute necessary services. In his own words:“The basic issue is to empower the impoverished and make the people the master of their own destiny, we want to introduce essence of democracy and not sham democracy,

104Craig Baxter, Pakistan on the Brink, Karachi, 2005, p.153 105Rashid Rehman, Back to the Devolution of Power, Economic & Political, Weekly, Vol. 16, No. 35, May 6-12, 2000, p. 3 147 which promotes the privileged. Devolution will bring far reaching consequences and will change the fate of the country.”106 Successive military rulers typically instituted lower tiers of government as a substitute for democratization. Local Governments were chiefly used to depoliticize governance, to challenge and undermine opposition, to destabilize federalism. On May 2000; the draft of Devolution of Power Plan was presented. It was rebirth of General Zia-ul-Haq’s Local Government. An essential step was subordination of the district administration. District Governments had authority over monetary sources. It was first time in Pakistan that elected officials would be placed at the top to make sure of the dominance of the political leadership over the administration. Local Government System was set up on August 14, 2001, after elections indirect elections were held on August 2001 for Zila Nazims, Naib Zila Nazism, Tehsil Town Nazism and Naib Nazims. Elections were held for second term on 2005. The idea behind the System was to authorize the people and to transfer power at basic level. It was to solve basic problems, ensure prompt Justice in society. The spirit of the system was that it would be accountable to the citizens. It would enable the practical elements to contribute in community work. This system was an effort of the Army Government to found a genuine and permanent democracy. This System offered a Tri-tier structure of Local Government, District Government, Tehsil Government, and Union Administration. The District Government comprised Zila Nazim and District Administration. The District Administration comprised district offices including sub- offices at Tehsil Level, which were to be accountable to District Nazim. The District Nazim would be assisted by the DCO, appointed by the Provincial Government. District Council consisted of all Union Nazim in the District. The Zila Council had its Secretariat under the Naib Zila Nazim and had a budget allocation. For the proper functioning of the system, several checks and balances were introduced. Each District Government functioned through the following Departments*. 107 Tehsil Tier consisted of Tehsil Municipal Administration; Tehsil Nazim would be the heart of Tehsil Municipal Administration. A Tehsil Council would perform functions. Tehsil Municipal Administration comprised a Tehsil Nazim, Tehsil Municipal Offers, Tehsil

106Musharraf address to nation PTV & Radio, August 14,2000 107Murtaza, Rizvi, Musharraf; The Year in Power, Harper Collin Publishers, India, 2009, p.112 *1.Judicial Structure, 2.District Assembly, 3.District Co-Ordination Officer, 4.Literacy Department, 5.Education Department, 6.Public Works Department, 7.Agriculture Department, 8.Environment Department, 9.Law Department, 10.Magistracy, 11.Health Department, 12.Information Technology Department, 13.District Executive . These departments were the part of District Govt. 148

Officers, Chief Officers and other officials of the Local Council. The Tehsil Municipal Administration would perform the functions of administration, finances, and management. The members of all the Union Councils would elect the Tehsil Council. Each Tehsil Council consisted of 34 members. Each Tehsil Council worked through the following nine monitoring committees: Committee on Education, Committee on Health, Committee on Literacy, Committee on Construction Committee on Police, Committee on Food and Agriculture Committee on Revenue, Committee on Justice, and Committee on Local Government Affairs.108 The lowest tier, the Union Council comprised of 26 Elected Representatives of the people (councilors) and its own Chairman. Members of UC would be elected directly by adult franchise. They would act as the Electoral College for the reserved seats. The key function of Union Council, the major function was to carry out development projects and to monitor citizen rights. Union Nazim, Naib Union Nazim and 3 Union Secretaries would make Union Administration with the Union Nazim as its head and Naib Union Nazim as deputy during Nazims temporary absence. The Union Secretaries would smooth the progress in local development. The Musharraf’s Government paid 32 Billion to the Local Government in 2002.109 The District Government was to disperse the available funds to Tehsils and Unions. The Local Government was authorized to produce money from its own resource.110 According to the Devolution Plan, the posts of Deputy Commissioners and Assistant Commissioners would be eliminated. The Legal and District authorities were transferred to the District Nazim. The administration of divisional head quarter was abolished, and District Nazim was given power to write the ACR of DCO and DPO.111 The Tehsil Municipal Administration was responsible for providing basic necessities of life to people. The Devolution Plan proposed that Tehsil would include both the Rural and Urban Union Councils. According to the plan, “The integrated Tehsil government will mitigate the prevailing rural-urban frictions by providing opportunities for representation in proportion to the population and taxation in proportion to the

108Mahmond, Shandanan Khan, Representative Decentralization vs. Participatory Decentralization: Critical Analysis of the Local Government2000, p. 57 109The Daily Express, Lahore, September 10, 2001 110Khan, Shahrukh Rafi, Initiating Devolution, Service Delivery in Pakistan, Ignoring the Power Structure, New York: Oxford University Press, 2007, p.79 111Khan, Shahrukh Rafi, Pakistan under Musharraf, Multan, 2008, p. 143 149 services”.112To involve people in community development, the plan also called for creation of Citizen Community Board (CCB). Village Council was devised for changing popular attitude. A Zila Mohtasib was appointed to address complaints against the Officials. A plan also envisaged building city District Governments. However, it remained unclear and uncertain on the accurate modalities of financial devolution, it proposed PFC for the transfers, and envisioned that Councils could levy taxes.113 Under the Police Act of 1861, the District Superintendent of Police (DPO) was subject: “To the operational control of the Deputy Commissioner in addition to the provincial police hierarchy. With the proposed abolition of the office of Deputy Commissioner, the District Police Chief was made responsible to the elected Chief Mayor. District, Provincial and National safety Commissions were proposed to monitor police performance and redress public grievances. Watch and ward functions were separated from investigation. An independent prosecution service and a provincial police complaints authority were also envisaged”.114 The plan was amended and some other reforms were introduced in Local Government draft. The amended plan was launched in August 2000.The District Nazim did not enjoy the main powers of appointing and removing DCO. It reduced the reserved seats for minorities and women from 50 to33 per cent.115 Matriculation or equivalent qualification was declared compulsory for Nazim and Naib Nazim.116 This Final Plan introduced a comprehensive modification to the election method. Consequently, the new delimitation of administrative boundaries, 97 districts and 4 city districts, were created. Previously comprising 21 directly elected numbers, the union council membership were reduced to 13.117 With the promulgation of the 4 Provincial Local Government Orders, the previous system ceased to exist. A new plan was devised, in which DCO at the top and EDO who would be the heads of their respective department.118 Inclusion of female councilors was the main and positive characteristic of the system. Although the inclusion of women councilors was a good step, yet they

112Anjum, Z. Hussain, Local Government System: A Step Forwards Community Empowerment, The Pakistan Development Review, 40:4 Part 11, 2001, pp. 4-5 113Indian Council Act 1861, the police Act and reforms were made in subcontinent according to Indian Councils Act 1861. Further details to see www.govt.org.pk Police Order 2000 114Khan, Shahrukh Rafi, Pakistan under Musharraf, p.273 115 Zahid Islam, Pakistan Main Local Government, Lahore, 2008, p. 194 116The Daily Jung, Lahore, June 16, 2001 117The Daily Express, Lahore, May 10, 2001 118Craig Baxter, Pakistan on the Brink, p.213 150 have to put up with various problems. Authorities needed to create an encouraging environment for active contribution of women. After the elimination of the post of the Deputy Commissioner, Nazim would control political organization, the District Coordination Officer DCO and the District Police Officer DPO report to the District Nazim.119 The DCO was the in charge of the all EDOs. Moreover, there was balance of authority between DCO and District Nazim. Although, the DCO was to work under District Nazim, On the other hand, the District Nazim was inexperienced in administrative matters. This system was recognized for political parties and shattered powers away from the provinces. The disadvantage of the system was lack of check and balance. In absence of accountability of District Nazim was another drawback of the system. Moreover, Naib Nazim was a showpiece to sign the legal documents. In case of differences and antagonism, Naib Nazim could repudiate to summon the council. In such cases, the District Nazim can frequently run the affairs of government without consulting the council. The Tehsil Nazim delivered the services at Municipal level. The TMA was to award the contract of advertisements. Actually, there are practically no economic checks on the Tehsil Administration and it could allocate any function to public sector organizations, charges of corruption were widespread. The District Nazim could inspect the Tehsil and Municipal Administrations but they do not have enforcement machinery. A senior official of Sind Government said in this regard, “Corruption is up with a new mafia of Nazim, Tehsil Officers and contractors emerging under the devolution plan that works in unchecked collusion with respect to awards of public contracts”.120Police Order 2002, was promulgated in August 2002, by General Musharraf. Under the Act, the DPO was accountable to District Nazim, Envisaging multiple layers of political, fiscal and administrative authority; the Devolution Plan 2000 is an unprecedented effort of devolving power to people at such an extensive scale. This is an effort to replace the existing local bodies system by ending the domination of the bureaucracy, placing a check on the manipulation of the Provincial Government and obliging the Provincial Government to strengthen the fiscal base of the Local Government.121 Although, the plan was in its incipience yet, there were

119Khan, Shahrukh Rafi, Pakistan under Musharraf, p. 280 120Report of Sind Ministry of Local Govt 2002. www.lgs2000.govt.pk 121Abbasi ,Muhammad Zakir, Devolution of Powers to Local Governments in Pakistan During Musharraf Regime, Ph.D. Scholar ,Department of Political, The Islamia University of Bahawalpur, Pakistan, 2014, p. 78 151 visible signs of positive change like women’s involvement, and people’s easy access to the representatives, however, the intrinsic differences within the system slowed down the development of the system. This system (Local Government) can lay foundation of a sound political structure. The whole system is interconnected because it is established on optimistic foundation. The Election of the Local Bodies in the country would be held in different phases; the first phase would be held on December 31, 2000, second in January 2001, third in March, fourth in April and the last phase would be completed on July 14, 2001, while afterwards the Local Governments would start functioning simultaneously with the election of District Nazim. The Federal Government after compiling the comprehensive policy about the District Government gave details to the media and said the powers would be transferred to the lowest level from the highest. All Administrative Divisions and the post of Commissioner were also abolished. The 112 Authorities of Deputy Commissioner were distributed among 18 Authorities and he was renamed as District Co-ordination Officer.122 The rank of Senior Superintendant police also came to an end and the new post of District Police Officer was made subordinate to District Nazim. Similarly, other sectors were also strengthened and were made stronger and energetic on the district level. The government had accorded full powers for taking measures for the conduct of the district government elections accordingly. Pervez Musharraf was determined to establish actual democracy in the country. The Election Commission reduced the minimum age of the voters from 21 to 18 years so that maximum voters could use their right of casting vote. According to the schedule of Election Commission the first phase of the Local Governments would be held on December 30, 2000 in selected 18 districts of the country. The result was already expected which was declared on January 6, 2001. Similarly, the second phase was conducted in 23 selected districts of the country on March 21, 2001. The District Nazims were elected after the completion of all the phases of the Local Body Elections on July 14, 2001. In this phase most of the elected District Nazims were politicians with their previous association with PPP or PML-N. Now there was domination of Kings Party PML-Q. The major politicians were Mian Aamir Mehmud, Farooq Amjad, Yasin Malik, Ehsan Tiwana, Nazar Gondal, Amjad Noon, Ray Hassan Nawaz, Fayyaz Chatta, Zahid Nazir, Jamal

122Abbasi ,Muhammad Zakir, pp. 93-95 152

Laghari, Naeem Javed, Sajjad Kirmani and Tariq Bashir Cheema were elected as District Nazims. On August 14, 2001, General Pervez Musharraf addressed to the District Nazims, Naib Nazims and Councilors said: We are beginning a new era from today and the next General Election would be held in October 2002, today I had fulfilled my promise about the Devolution Plan.123 After hand over the new political system to District Nazim, the Musharraf took a slight of relief, but suddenly an event happened which changed the whole world in its fold and that was the 9/11 incident, the terrorists of Al Qaeda demolished the Twin Towers of New York City, with two passenger Aircraft collided with the gigantic structures. In addition, they also attacked on Defense Ministry Office Pentagon. In this tragedy 3000 American Citizens were killed and 10,000 were injured. This situation was unbearable for US Officials. US declared, this act as an open war, while the confessed statements of Osama bin Laden (1957-2011) were making fun of a super power, in which he said it was a gift from him and more attempts would follow.124 Osama bin Laden was staying in Afghanistan in those days. He was a mysterious character which appeared during Afghanistan-USSR War125 and possessed a mysterious personality in Jihad-e-Afghanistan (Holy War). Actually, Osama bin Laden was a Saudi Arabian citizen and belonged to a very prosperous family. Initially, he possessed liberal ideas, but later on, he started working for Islamic cause and participated in Jihad-e-Afghanistan. It is said that he possessed great influence in Pakistan, Afghanistan, Yemen, Egypt, Saudi Arabia and Sudan.126 Firstly, he supported US in the war against USSR and brought Arab Mujahedeens from Middle East and Africa. Later on, he could not maintain cordial relations with the United States. US Government asked to the Afghan Government to hand over Osama bin Laden to them but “Taliban” refused and the situation became more bitter and harsh, Hence, US asked Pakistan to play its political role. George Tenet former Chief CIA and Secretary Defense of US Mr. Colin Powel delivered very hard massage to DG ISI, Lt. General Mehmud Ahmad “is Pakistan with us or not” and the President

123Musharraf address to nation PTV & Radio, August14, 2000- Zaidi, S. Akbar, Elections: Continuity Rather Than Change, Economic & Political, Weekly, Vol. 4, No. 37, November 2-7, 2002, p. 3 124Al Jazeera TV, Qater, November 1, 2000 125USSR; War of Afghanistan, December27, 1979 to April 14, 1988, the Ex-president of USSR said, about war “Afghanistan war is a bleeding wound”. The disintegration of USSR was started and finally on December 21, 1991, USSR was broken in to servel states. 126Ahmad Rashid,Taliban, Militant Islam, Oil and Fundamentalism in Central Asia,New York, 2001, P.169 153

Gorge. W. Bush also talked to Musharraf “are you foe or friend”127Musharraf has no other choice, he joined the US camp without any consultation. After the failure of the negotiations, US launched a massive attack on Afghanistan on October 7, 2001, with the support of NATO Forces.128 US declared, 9/11 Event as a war against international terrorism, in this war against the terrorism, Musharraf appeared as a dire necessity for US and Musharraf once again remained fortunate as the American Government ensured him of every kind of support and awarded “Non-NATO”129front line partner’s status given to Pakistan as front line allied. The American title was a certificate of government for Musharraf that now he could rule the country for many more years to come. There was a strong protest on public level on this alliance, because Pakistan would extend help for American invasion of Afghanistan. The strong resentment continued in country, Mrs. Benazir Bhutto said that the decision of getting involved in this war was entirely the personal decision of General Musharraf, Foreign Ministry, NSC and politicians were not taken into confidence.130 The Defense Secretary of US, Colin Powell (1937-b) in his book “Bush at War” has mentioned that: “It was amazing for us that Pervez Musharraf joined the world alliance without getting his price,”131 as we had offered him seven conditions and we were hopeful if Musharraf would be agreed upon 3/4 conditions it will be our political success. But we were kept wandering that Pervez Musharraf had accepted all the conditions. After the US invasion on Afghanistan, Pervez Musharraf made significant changes in the Pakistan Army, General Aziz Ahmed was appointed Chairman Joint Chiefs of Staff Committee, General Muhammad Yousaf as Vice Chief of Army Staff and Lt. General Gulzar Jamshed as ISI Chief, while Lt. General Khalid Maqbool was appointed as Punjab Governor after retirement. After American support the U.S Aid was also restored for Pakistan, which was suspended since October 12, 1999. The fate has again become kind to General Pervez Musharraf. The Foreign Minister of Pakistan, said, after joining the US Camp, we were assured that India will not create trouble and soon

127Maqbool Arshad, Gernail Beeti, p. 370 & The Washington Post, USA, September 13, 2001 128NATO, North Atlantic Treaty Organization established on April 04, 1949, it was a military pact against USSR in cold war era, after 1989 USA amended the pact and gives the status to some other countries which are Non NATO Members, like Australia, Egypt, Israel, South Korea, and against war on terrorism and attack on Afghanistan, USA declared to Pakistan as Non Nato partner. 129The New York Times, USA, September, 28,2001 130Benazir Bhutto , p.492 131Bob Woodward, Bush at War, New York, 2003, p.245 154 started dialogue with Pakistan and it would be a breakthrough on Kashmir but US backed out all the promises.132 So, Pakistan tie up same hopes but never fruitful. Although, General Pervez Musharraf had saved himself to some extent by becoming Allie of America in the international campaign against terrorism, but he also displayed unawareness with the history and completely forgot the tragic and afflicted end of General Ayub Khan, General Zia-ul-Haq and some other rulers who had obeyed United States.

132Zaidi, S. Akbar, State, Military and Social Transition: Improbable Future of Democracy in Pakistan, Economic & Political, Weekly, Vol. 40, No. 49, December 3-9, 2005, p. 7

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Chapter 5 Development of Democracy in Musharraf Era: 2002-08 5.1 Referendum 2002 Despite the lack of domestic legitimacy, the devolution plan has considerable support from donors, who mistakenly believe it is advancing democracy and building down military rule. For now, the military’s backing as well as this external support works in its favor. But low domestic acceptance undermines its long term prospects, and the military’s political engineering that accompanies it is widening divisions at the local and provincial levels. Some of these could well lead to greater domestic violence and instability. The sycophants of Pervez Musharraf once again began to praise Musharraf’s move to become his agent and admired his vision, wisdom, leadership and strategy to that much extent that Pervez Musharraf began to contemplate himself as an entire intelligent person. The world leaders also visited Pakistan to encourage and pat him on the back. The companions of Pervez Musharraf who had influence in the press also exaggerated in lauding his efforts. The history is very cruel and with the passage of time proves the right decisions that display sincerity and honesty in difficult times and become triumphant for their nation and country. The history provides golden chapter for them and for those who cross all boundaries in desire to achieve their rule, it buries them in itself. How the history displays the regime of General Pervez Musharraf in itself if the historians do not commit dishonesty, as is common these days that the history is being compiled for the vested interests. The columns in the personal interest were composed, Pervez Musharraf also selected a group of journalists, intellectuals, scholars, politicians and lawyers whose pens did not get dried and the tongues were not getting tired. Chairman of NBR, time and again continued to state the policy of Presidential System that there should be enhancement in the authority of the President and amendments would be made in the constitution keeping public interest in to consideration. General Naqvi forwarded a detail of proposals regarding national assembly but he had to face strong criticism. However, behind the cover the path of presidential system was being leveled. When CJP Irshad Hassan Khan retired on January 5, 2002, then he was appointed as Chief Election Commissioner in place of Mr. Justice Abdul Qadir Chudhary, in fact this was the reward of past services. As the

156 post of Chief Election Commissioner became vacant, so under the prevailing circumstances no other candidate was suitable than (R) Justice Irshad Hassan Khan, who rendered great services for Pervez Musharraf in the future. With the dawn of 2002, there was the slogan of referendum on the lips of General Musharraf and General Naqvi, as after nine months the grace period granted by Supreme Court to Pervez Musharraf was also coming to an end, hence, the plan of the desire of extending rule could only be fulfilled through referendum. Musharraf presented the proposal of referendum to public and further said that the ultimate date of election would be announced by the Election Commission. General Pervez Musharraf got the programme of Referendum approved for providing logic of extensions in his rule. According to the schedule the referendum, the result of which was to be used for granting extension in President’s rank, fixed on April 30, 2002, and PCO Order was issued in this regard. After the announcement to hold the Referendum, supporters and opponents were exposed. In an order to prove the arguments and measures in favor and against as constitutional and unconstitutional, many legal issue or restoration of democracy, a great choice was observed. The newspapers published the views and articles of every school of thought and philosophy published in the magazines with reference to the referendum of General Pervez Musharraf. The major political parties opposing the referendum of General Pervez Musharraf included Pakistan People Party, Pakistan Muslim League (N) and Jamat-e-Islami along with a number of smaller groups. Musharraf’s policy and strategy about Afghanistan war had created hate for the religious and political parties to join the group of the parties against him. The majority of lawyers, former Judges and Bar Councils also launched public campaign. President Musharraf commenced his campaign with the public meeting at Lahore, and later on, organized further meetings in all big cities of the country. The specific character of these rallies was that the administrations captured the public and private transport forcefully and brought the government servants, the elected councilors of city government plan and their supporters to the site of the meeting. The common citizen had to face a lot of difficulty due to this practice and procedure. The news of the disappearing of the transport from the site of his public meeting and the surroundings were published with prominence. The elected councilors of city government administration in a bid to bring the public used to capture the transport and got these filled from every possible place to the public meeting site. The news was also 157 received that the attendance of the government servants was also marked and those found absent, would face the disciplinary action. The Pervez Musharraf government considered the government servants as their peasants like the previous military governments, in the public meetings of President Ayub Khan and General Zia-ul-Haq, the audience brought for listening to the address of the military dictator were almost the same that were brought for Musharraf’s rallies. For the Lahore meeting which was held on April 9, 2002 and was also the first rally of Musharraf’s campaign, the public transport was apprehended from Lahore and its surroundings and from Lahore division the transport was captured along with the children, women, men, old aged persons and even ailing persons were forcibly brought down to get even through holding their neck. The vehicles of the ailing and injured persons were vacated and even marriage parties were brought down the buses. The style of the rallies successful commenced. Afterwards the political and military rulers followed this practice a rule for the success of their public rallies. In these meetings crowded with the public forcibly brought to the site of the rally, Pervez Musharraf would show off and almost in every meeting he used to repeat his determination to expel Nawaz Sharif and Benazir Bhutto from the field of politics and even to the extent of not allowing them to take part in politics. The national and international media criticized crowded public meetings held through utilizing the governmental resources vehemently. Majeed Nizami says, if Musharraf wants to become the President of Pakistan then he must put off the uniform, he took part in election otherwise he would remains be contravention always.1 Nawab Nasser Ullah Khan said, every dictator considers him necessary for the country but after departure, his political system also buried with him.2 Musharraf ask a questioner like Gen. Zia, he publish his agenda. According to the vision of the Quaid-e-Azam, for the stability of democracy, LGS Reforms and crushing the sectarianism in Pakistan, do you vote Pervez Musharraf for next five years?3 The “New York Times” named the rallies organized for referendum campaign as “Rent a Crowd Rallies”.4 When in campaign organized with connection to the referendum in Faisalabad General Pervez Musharraf and Governor Khalid Maqbool criticized the role of newspapers and journalists for raising objection about the number of audience

1The Daily Nawa-e-Waqat, Lahore, April 22, 2002 2Moten, Abdul Rashid, “From Crisis to Crisis: Musharraf’s Personal Rule and the Election 2002, in Pakistan”, The Muslim World, July-October 2003, pp. 3-4 3Ian Talbot, Pakistan in 2002: Democracy, terrorism, and Brinkmanship, Asian Survey, Vol. 43, No. 1, February 2003, p. 198-207 4The Daily New York Times, USA, April 27, 2002 158 being published in the Pakistani press, then the journalists staged a walk out in protest and they raised anti-Musharraf slogans outside the meeting arena and the police did aggression on the journalists. In the presence of the head of the state and other important office bearers of the claimer of being the flag bearer of freedom of press Musharraf government, baton was charged injuring several reporters and photographers. The organizations, the journalists put the condition of the pardon on Musharraf’s government and announced to boycott the coverage of President’s public meetings. General Pervez Musharraf, later on, in a press conference in Islamabad expressed grief on the incident of aggression on journalists in Faisalabad. The groups and political parties opposing referendum were active in themselves and the bar associations, councils and lawyers recorded their protest in an effective manner. On April 27, 2002; the total lawyers of the country did not attend the courts because Supreme Court declared that the Referendum is constitutional. They brought out processions and held protest meetings. The procession of lawyers in Karachi was baton charged and dozens of lawyers were injured, while more than 100 lawyers were arrested. The lawyers recorded their protest and termed the referendum as unconstitutional and totally rejected it. The lawyers in Lahore tore the banners put on display in support of referendum on Shahrah-e-Quaid-e-Azam and raised slogans of “No Referendum No” and “Go Musharraf Go.”5 The Lahore High Court Bar abolished the membership of Federal Law Minister, Khalid Ranjha and Punjab Law Minister, Rana Ejaz.6The anti referendum groups and political parties convened an All Parties Conference on April 26, 2002, in which the strategy for the opposition of referendum was determined. On April 27, 2002, Alliance for the Restoration of Democracy (ARD) held a public meeting in opposition of referendum at Minar-e-Pakistan, which was addressed by several political leaders. The government applied every possible effort to make the rally unsuccessful and put check posts on the roads leading to Lahore and outside Minar-e-Pakistan. For the participants tear gas shells were dropped and baton charged. According to neutral observers, the ARD protest rally was a big success.

5Abbasi ,Muhammad Zakir, Devolution of Powers to Local Governments in Pakistan During Musharraf Regime, Ph.D. Scholar ,Department of Political, The Islamia University of Bahawalpur, Pakistan, 2014, p.110 6 Zaidi, S. Akbar, Elections: Continuity Rather Than Change, Economic & Political, Weekly, Vol. 4, No. 37, November 2-7, 2002, p. 3-5

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Governor Punjab said that only 7000 persons attended the meeting while General Pervez Musharraf claimed that there were only 20,000,7 while, the world media has counted it 40,000. Anyhow, it was smaller than Musharraf’s mobe. Actually, the difference was that in General Pervez Musharraf’s meetings the people were forcibly brought while in ARD meeting the public attended the rally at their own. The permission to organize the meeting was accorded only 24 hours ago with several conditions were forced and ban also imposed on mobile publicity. Furthermore, the rally was ordered to be restricted to Lahore only. In the environment of staging rallies and processions for and against the referendum, the date for the date of the conduct of third referendum arrived. The conditions for casting of vote in the referendum were relaxed with a number of facilities. The country was converted in to a single constituency and polling stations were made on petrol pumps, transport terminals, railway stations, hospitals, jails, markets and many other public places. The restriction of national identity card was also rested. The minimum age of the voter was also relaxed to 18 years and the voters’ lists and constituency were also reduced. In spite of that the situation on the polling stations almost remained similar to the referendum conducted by General Zia- ul-Haq. Polling stations remained deserted and very few people came out of their homes to cast their vote. The government with extreme strategy and keeping Zia-ul- Haq’s referendum environment in consideration made such decisions so that the public might not show any lack of interest. For instance, public holiday was not announced; hence, the people came out of their homes for their business and jobs but showed no interest in polling. Due to this reason the stillness in the cities could not prevail. Anyhow, the polling stations could not attract public and were seen deserted. The national and international media especially mentioned the lack of interest of public in polling and confirmed the low turnout. But the results declared the following day were amazing like the result of General Zia-ul-Haq‘s referendum were unbelievable. According to the official resources Pervez Musharraf secured about 48.2 million votes in “Yes” and 800,000 votes in “No”. Hence, Musharraf succeeded in getting 99.71 per cent8of the polled votes and became President of Pakistan for next five years and his tenure was to start

7Khan, Shahrukh Rafi, Initiating Devolution, Service Delivery in Pakistan, Ignoring the Power Structure, New York: Oxford University Press, 2007, p.116 8The Daily Dawn, Lahore, May 2, 2002 160 along with the term of the elected assemblies, with effect from October 2002. According to the Election Commission about 49.3 million votes were polled and the turnout was recorded as about 70 per cent, while after observing the actual situation on the polling stations, this ratio seemed to be absolute wrong. According to opposition parties the total turnout was 5 to 10 per cent. On April 30, 2002, the referendum was held and the brigade of district Nazims and councilors extended assistance to Musharraf and in return General Pervez Musharraf was elected President for a five years term. BBC in its review said that, the success of Pervez Musharraf was beyond any doubt.9 VOA said; voting rate was less than 10 per cent even then victory is in Musharraf hand.10 While ARD staged nationwide protest and the referendum day was observed as a “Black Day”. Police baton charged the rally and uprooted their camps. Benazir Bhutto said in fact, the achievement of President Ship on gun point.11 Moreover, she said; Generals eyes should be on borders but Musharraf watching chair.12 After winning the Presidential election, Pervez Musharraf and his companions started to review the political role of military. ARD demanded general elections instead of new system and asked Musharraf to go away and vacate the President ship. Political Parties supporting the Referendum 2002 are as under: Political Parties Supporting the Referendum Heads of the Party 1. Pakistan Muslim League (Quaid-e-Azam) Mian M. Azhar 2. Pakistan Awami Tehreek Tahir-ul- Qadri 3. Pakistan Tehreek-e-Insaf Imran Khan 4. Millat Party Farooq Ahmed Laghari 5. Mohajir Qaumi Movement (MQM) Altaf Hussain 6. Awami National Party (ANP) Ajmal Khattak 7. Muslim League (Functional) Pir Pagaroo 8. Markazi Jamat Ahle Hadees Zubair Ahmed Zaheer 9. Saraiki Party Taj Muhammad Langah 10. Tehreek-e- Istiqlal Asghar Khan

Political Parties Opposing the Referendum Heads of the Party 1. Pakistan People Party(P) Benazir Bhutto

9The Election Commission of Pakistan, www.ecp.govt. of.pk. May 4, 2002 10VOA, Voice of America Radio service VOA.com May 4, 2002 11Benazir Bhutto, Dictatorship or Democracy ,p. 259 12Ibid., p. 270 161

2. Pakistan Muslim League (N) Mian Nawaz Sharif 3. Jamat-e-Islami Qazi Hussain Ahmed 4. Pakistan Jmahoori Party Nawabzada Nasrullah Khan 5. Jamiat-e- Ahle Hadees Sajid Mir 6. Baluchistan National party Attalla Mengal 7. Jamiat-e- Ulema-e-Islam (F) Maulana Fazal-ur-Rehman 8. Jamiat-e- Ulema-e-Islam (S) Maulana Sami-ul-Haq 9. Jmahoori Watan party Nawab Akbar Bhugti 10. Pukhtuns Milli Party Mehmud Khan Achakzai Source: General Elections Report, 2002, Vol. 1, Election Commission of Pakistan After referendum ARD released a fact file and according to this the rigging and irregularities in the referendum were disclosed. According to ARD, Pervez Musharraf embezzled 6.5 Billion Rupees from the National Development Fund and used it for his political interest. He also violated the prevalent rules of the election in referendum and got desired results. Pervez Musharraf misused the government resources and hence took an unfair benefit of his power and office. The District Nazimeen and Councilors proved to be the vanguard of Pervez Musharraf and they also used the funds of district governments in the rallies of Pervez Musharraf and the Election Commission adopted an ignorant attitude in all these matters. About 60 million ballot papers were printed for referendum and 87074 polling stations and 163641 polling booths were set up. In addition to this the polling stations were also improvised on national highways, hospitals, petrol pumps and railway stations to achieve desired results. The government servants and police adopted the traditional attitude but the leaders of ARD rejected the results. General Pervez Musharraf held 23 public meetings from April 9, to April 20, 2007; in which the first public meeting of this series was held at Minar-e-Pakistan and it was practical display of the power of Nazimeen. After those public meetings were held in Faisalabad, Gujranwala, Bahawalpur, Sukker, Baluchistan, and Abbott bad, Karachi, Peshawar and Dera Ghazi Khan and presented him as a political statesman and leader. In addition to this he also invented a slogan for the public “Yours Country; Your Future and Your Decision.”13 The Chief Election Commissioner (R), Justice Irshad Hassan Khan announced the results that Pervez Musharraf had won the referendum with majority. According to CEP, 44 million or 70 percent of the country’s 63 million eligible voters cast a vote in the

13The Daily Dawn, Lahore, May 2, 2002 162

April 30 referendum a huge increase on the turnout in the last parliamentary elections in 1997 of less than 36 per cent. Of those that voted, 97.7 per cent cast a “yes” for Musharraf, the commissioner claimed. 14 The major political parties called on voters to boycott the poll and have denounced the result as a fraud. According to their estimates, between 5 and 10 per cent of eligible voters cast a vote. Zafar Ali Shah, a spokesman for the Pakistan Muslim League (PML) described the outcome as a “naked fraud,” pointing out that there has never been a turnout in Pakistan more than 36 percent. Pakistan People Party (PPP) spokesman Raza Rabbani declared: “Musharraf has no moral and political authority to continue and he should step down immediately.”15 Human Rights Commission of Pakistan (HRCP) chairman Afrasiab Khattak warned: “The people were given an experience that casts ominous shadows on their path to democratic revival.”16 His organization stated: “Apart from anything else the manner in which the people were hustled into voting and the flagrant abuse of election procedures degraded the very concept of democratic choice.” Eminent newspapers, included the Dawn, the Nation and the News, all questioned the credibility of the referendum result. The Nation commented: “The perception building is that this referendum was no more credible than of General Zia.”17 In 1984, Zia tried to legitimize his rule by holds a referendum only 5 percent of eligible voters participated but CEP announced a huge majority in favour. Musharraf’s position is, however, far from secure. In the course of the referendum, he managed to alienate all of the major political parties even though the PPP and PML have indicated consent to collaborate with the military regime. He has fuelled resentment by openly siding with the US invasion of Afghanistan and allowing US troops to operate in Pakistan.

14 Pildot.com.election2002 Province Vote “Yes” Vote “No” Punjab 25300819 492177 Sind 1144209 188899 Baluchistan 2554844 39143 NWFP 3705991 104550 Islamabad 194944 50417 Foreign Countries 180823 4519 FATA 722715 38930 In favor of Musharraf 4284339 Against Musharraf 883676 Rejected votes 282935 Source: General Elections Report, 2002, Vol. 1, Election Commission of Pakistan. 15The Daily News, Lahore, May 4, 2002 & General Elections Report, 2002, Vol. 1, ECP 16 The Daily Jung, Lahore, May 4, 2002 17 The Daily Nation, Lahore, May 3, 2002 163

5.2 Legal Frame Work Order 2002 and the Elections 2002 Pervez Musharraf said that he desired such a political system which could prevail for centuries. In his press conference with media men on July 10, 2002, he said that the elections would be held in October 10, 2002 according to the time frame given by the Supreme Court and simultaneously the democracy would also be restored. Pervez Musharraf presented his constitutional reforms to public on July 15, 2002, which is called Legal Framework Order (LFO) and the mastermind of these anti reforms was also General Naqvi. The power to make amendments in the constitution given in the light of the Supreme Court’s orders, the LFO was its part. The amendments made in the constitution had changed the Constitution of 1973 to a great extent. The LFO and PCO of Musharraf were significant parts of the Constitutional Reforms. Pervez Musharraf had become fed up with his Chief Executive post and hence, was anxious for the legal and constitutional designation. He took the oath as the President of Pakistan, on August 21, 2002 and left the post of Chief Executive simultaneously and became active in the future politics. Musharraf introduced Referendum Order No.12 of 2002. By issuing this order, Musharraf’s intention was to hold a Referendum on April 30, 2002 in order to seek the democratic mandate to serve the nation as the president of Pakistan for a period of five years. Referendum was held and as it was expected, Musharraf got about 98 per cent of voters supporting him to legalize as president through this Referendum. After a few months of referendum, on August 21, 2002, he issued the Legal Framework Order 2002 (LFO).18 The National Assembly

18Rabbani, Mian Raza, LFO-Fraud on the Constitution, Karachi, 2003,p. 147 Province General Women Total Punjab 148 35 183 Sind 61 14 75 NWFP 35 8 43 Baluchistan 14 3 17 Islamabad 2 - 2 FATA 12 - 12 Total 272 60 332 Source: General Elections Report, 2002, Vol. 1, Election Commission of Pakistan & LFO 2002 General Elections to be held in October 2002. Constitutional requirements were amended for smooth shifting of power from Chief Executive to the newly elected prime minister. He eliminated the title of Chief Executive (CE). Some of the chief features of the Order are as following: The President shall call the session of the National Assembly and invite a member who commands majority for the Prime Minister. The Provincial Governor shall invite the member enjoying confidence of majority to act as the Chief Minister. The President shall promulgate orders for the amendments of the constitution. The Ordinances promulgated by President shall not be challenged in any Court. Each party shall hold inter party elections. The chief executive shall relinquish office of CE and assume the office of President with immediate effect. 164 shall comprise of 342 members including women and non Muslims. Detail is given below: The Senate shall consist of 100 members, Amendment in the constitution to change the entire complexion of the constitution. He gave a constitutional package to the public in two installments. It was LFO that he presented on June 26, 2002 and July 15, 2002. He introduced the LFO for political stability, and for check and balance in the power structure. The salient features of this LFO were as:19 The LFO was no doubt, an attempted to introduce basic changes in the constitution; however, it was clear that Chief Executive wanted to enhancement in powers of the President. On August 21, 2002, Musharraf penned essential changes in the constitution. He declared himself the president for the next five years and revived Article 58-2b for dismissal of the government and dissolved the National Assembly. The LFO included features of the Presidential Form of Government. Musharraf was already elected as the president through the referendum. The LFO changed the Parliamentary status of the 1973 constitution into a quasi presidential-cum-quasi military form of government, at least for the next five years. The LFO was also a severe blow on the supremacy of Parliament. Musharraf introduced Police Order 2002, in order to restore the police force and to make it accountable. The main objective of the new Police Order was to separate investigation work from the general watch and ward functions of police. A Public Safety Commission was envisaged at District, Provincial and National level. According to the Order, a Police Complaint Authority would be also established at Federal and Provincial level, and a National Forensic Science Agency would be set up

19 L F O, 2002, www.govt.org.pk For details see Appendix- VI P.311 Voter’s age was reduced from 21 to 18. 1. Joint Electorate System as originally contained in the Constitution of 1973 was adopted. 2. President was authorized to remove the Prime Minister and Cabinet. 3. President was empowered to appoint Governors. 4. President was right to nominate any member of the National Assembly as Prime Minister. 5. Governor was right to nominate any member of the Provincial Assembly as Chief Minister. 6. National Security Council would be set up, with president its chairman. 7. Members of the Senate would be elected directly. 8. No independent candidate was allowed to take part in the Senate Elections. 9. A candidate must hold Bachelor Degree to take part in Elections. 10. Membership of the Assemblies was increased up to 51 per cent. 11. Number of Senate Seats was increased from eighty seven to hundred. 12. Reserved seats for Women, Technocrats and Ulema in the Senate and were also increased. 13. Technocrats must have 16 years education, with twenty years of experience. 14. Election Commission would be an autonomous body with four members. The tenure of the CEP was increased from 3 to 5 years. 15. Loan defaulters would be unable to take part in Elections. 16. Any political party which secures less than 10 per cent of the total votes would not be entitled to any seat in Assembly, while any party securing less than 5 per cent of the votes would not be entitled any seat in the Senate. Local governments would have constitutional cover for their procedure and existence. 165 at Islamabad. It was also made clear that there would be only regular appointments in the police department. Musharraf brought many changes in the constitution. His pretext was to better the political situation, however, there is no gainsaying the fact that Musharraf’s efforts for the reconstruction of the constitution were not but for his COAS President. He wanted to have dual charge. His intentions were to become president as well as COAS. He wanted to toughen his grip on government. He introduced Amendments, Reforms and PCO Orders, just to establish himself as de facto president and Chief of Army Staff at one and the same time. The CEP announced the Election Schedule and political activities were permitted from August 26, 2002. Till August 10, 2002, ninety five political parties were registered at Election Commission of Pakistan with new regulations, so in this scenario many political parties were registered with new names and many new alliances were on the scene. PML-Q emerged a new party because PML was divided in to two major groups after the exile of Mian Nawaz Sharif, PML-N and PML-Q. Benazir Bhutto was also on exile, so pervious PPP was registered with new name PPP Patriots, due to the Political Parties Act, which was amended by Musharraf on August 9, 2001. According to the Ordinance “a person who is convicted by courts would not be eligible for the headship of the political parties”. PPP Sher Pao, was also registered, on election season new political alliance came to the front, like Muttahida Majlis Amal, MMA20 and National Alliance.21 MMA was a political alliance of six religious political parties including: Jamat-e-Islami, Jamiat-e-Ulema Islam-F, Jamiat-e-Ulema Islam-S, Jamiat-e-Ulema Pakistan, Tehreek Jafiria Pakistan, Jamat Al Hadees, and Muttahida Majlis-e-Amal. The United Action Front, had in its fold Jamat Islami JI, Pakistan's oldest religious party, Jamiat Ulema-e-Pakistan-N, the political representative of the Barelvi school of Sunni Muslims, both factions of the pro Taliban Jamiat Ulema-e-Islam ,Jamiat Ulema-e-Islam-F and Jamiat Ulema-e-Islam-S, which represent the Deobandi school, Professor Sajid Mir Jamiat-e-Ahle Hadith and Allama Sajid Naqvi outlawed Shias group Tehreek-e-Jafiria Pakistan, which in its present incarnation was known as

20Bahadar, Kalim, The Rise of MMA: Pakistan in a Changing Strategic Context, Knowledge World, New Delhi,2004, pp.19-21 21The National Alliance was a coalition of Millat Party, Sindh Democratic Alliance, National Peoples Party, National Awami Party (Wali) and Sindh National Front in Pakistan. It was headed by former Pakistani Prime Minister Ghulam Mustafa Jatoi, who was also the head of his own National People Party (NPP). At the 2002 legislative elections in Pakistan, held on 20 October 2002, the alliance won 4.6% of the popular vote and 16 out of 342 elected members. In May 2004, National Alliance merged with ruling Pakistan Muslim League Q. (PML (Q)) and various other parties to form a united Pakistan Muslim League. 166

Pakistan Islami Tehreek. The alliance was initially headed by Maulana Shah Ahmed Noorani, leader of Jamiat Ulema-e-Pakistan. The motivating force behind the formation of the MMA was one of the country’s most organized political parties, the Jamat-e-Islami. The MMA coalition was strongly opposed to the US-led anti-terrorism campaign in neighboring Afghanistan that ousted the Taliban from power. The group believed that President Pervez Musharraf had become a tool of US Foreign Policy. The MMA campaigned on promises to enforce Shariah Law and in support of the withdrawal of US forces based in Pakistan in the campaign against international terrorism.22 NA, the political Alliance was also consisting of six political Parties included Millat Party, Sind Democratic Alliance, Sind National Front, National People Party, National Awami Party, former care taker Prime Minister Ghulam Mustafa Jatoi was president and Muhammad Ali Durrani was Sectary General of the Alliance. According to Daily Herald, this Alliance was formed on the behalf of government. The Elections were going to be held in the near future and in this regard the selection of likeminded political parties and the members of King’s party were extremely significant.23 Through some important amendments in the constitution, the ordinance of the Election 2002 was issued and the permission to launch political activities was also accorded. After three years of military rule, Pakistan again headed towards democracy on October 10, 2002. More than 70 parties, big and small, contested the eighth national parliamentary election. The major parties contesting the elections were Peoples Party Parliamentarians, Pakistan Muslim League-Nawaz Group, Pakistan Muslim League- Quaid-e-Azam also called the “King’s Party” for its unconditional support to the government, and the Muttahida Majlis-e-Amal (MMA), alliance of six religious political parties. Other known parties contesting at the national level included the six parties National Alliance led by former caretaker Prime Minister Ghulam Mustafa Jatoi, Imran Khan’s Pakistan Tehreek-e-Insaf and Tahir-ul-Qadri’s Pakistan Awami Tehreek. Several regional parties, with strong holds in their own provinces included the Sind based Muttahida Qaumi Movement, Awami National Party, Jamhori Watan Party, factions of Baluchistan National Movement and Pakhtunkhwa Milli Awami

22Kamran Khan, 17th Constitutional Amendment & Its Aftermath: The Role of MMA, Pakistan Vision, Vol.9, No.2, 2005, p. 2 23Mubashir Zaidi, “Winning Ways”, the Herald, Karachi, Vol. 33, No 10, October 2002, p. 25

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Party. The National and Provincial Elections were held on the same day. More than 72 million registered voters aged 18 and above from a population of 140 million, elected members for the 342 National Assembly seats and 728 seats of the four Provincial Assemblies. A total of 2,098 candidates contested for 272 general seats of the National Assembly.24 The remaining 60 seats were reserved for women and 10 for non-Muslim minorities. These seats were to be allocated on the basis of proportional representation to parties bagging at least five per cent of the total general seats. In the Provincial Assemblies out of the full 371 seat Punjab Assembly, 66 were reserved for women and eight for minorities, in the 168 seat Sind Assembly, 29 for women and nine for minorities, in the 124 seat N. W. F. P. Assembly, 22 for women and three for minorities, and the 65 seat Baluchistan Assembly, 11 for women and three for minorities. The Polling booths across the country with segregated voting booths for women arranged. The elections were observed and monitored by hundreds of local and 300 international observers, including observers from European Union and the Commonwealth, as well as local rights group. These elections were different from the previous ones due to the number of legislation passed by the Government. Convicted people were barred from taking part in elections under the Representation of the People’s Act. Several other politicians were unable to contest the elections, as they did not have a Bachelor’s Degree, which was a mandatory qualification in the elections. Pakistan’s leading political personalities Benazir Bhutto of PPP and Nawaz Sharif of PML-N were barred from standing in the elections under the new electoral laws. And for the first time since 1977, the minority communities that included Christians, Hindus and Parsees contested and voted for all General seats in the National and Provincial Assemblies. The election results issued after inexplicable delay not only led to no major party having an overall majority in the new National Assembly, but also were surprising with an unexpectedly large number of seats won by the Islamic parties. The religious alliance known as Muttahida Majlis-e-Amal (MMA) secured 57 seats, emerging as the third largest party in the National Assembly elections after P. M. L. (Q) with 118 seats and PPPP with 62 seats. A total of 121 seats were won by three major anti-Government parties, including 81 seats by PPPP, 51 by MMA and

24 Umar Cheema “The man, who rigged 2002 polls, spills the beans”, The News, February24, 2008 168 the PML (N) won 19 seats.25 The Islamic parties, which previously had actually won fewer seats, came in strong this time by capitalizing on opposition to Pakistan’s partnership with the United States in the bombing of Afghanistan and in the war against terrorism. The MMA got a clear cut majority in NWFP and Baluchistan provinces where it easily formed a government on its own. In the rest of the Provincial Assemblies coalition governments were formed as no party had come in with a complete majority. All political parties took active part in the Elections; however, the elections were not attractive due to the absence of the leaders of the two major political parties from the country. One more reason to faint the election process that is “Condition of Graduate Degree” due to this condition many prominent political leaders were out in election process. PML-N and PPPP lawyers contacted to the court, but court rejected their appeal and ordered it according to PLD 869.26 Anyhow, the electoral process was completed and simultaneously, the Supreme Court’s decision was also accomplished. According to the elections results the party position was as follows with women’s seats in parliament: PML (Q)126, PPPP 83, PML (N)19, MMA:63, National Alliance:16, MQM:17, PML (J):4, PML (Z):1, JWP:3, PAT:1, PTI:1, PPPS:14 and others independent; 26+272 Seats.27 After polls, the Session of Assembly to be convened immediately but it was delayed for 36 days and held on November 16, 2002. Leading political parties nominated their candidates for Premiership, PPPP nominated Makhdoom Amin Fahim and PML-Q nominated Mir Zafar Ullah Jamali. At the time of voting, there was a very dramatic situation PML-Q although was a largest part because all independent candidates joined the party but even 172 members were not on board, so PPP Sher Pao, National Alliance and MQM voted to Mr. Jamali.

25Bahadar, Kalim, The Rise of MMA: Pakistan in a Changing Strategic Context, Knowledge World, New Delhi,2004, pp. 40-43 26PLD 2000 SC 869; General Pervez Musharraf, Chairman Joint Chiefs of Staff Committee and Chief of Army Staff through Proclamation of Emergency dated the 14th October, 1999, followed by PCO 1 of 1999, whereby he has been described as Chief Executive, having validly assumed power by means of an extra-Constitutional step, in the interest of the State and for the welfare of the people, is entitled to perform all such acts and promulgate all legislative measures as enumerated hereinafter, namely: All acts or legislative measures which are in accordance with, or could have been made under the 1973 Constitution, including the power to amend it; All acts which tend to advance or promote the good of the people; All acts required to be done for the ordinary orderly running of the State; All such measures as would establish or lead to the establishment of the declared objectives of the Chief Executive. 27ECP.com, election 2002& Jung Lahore, October 15, 2002 & General Elections Report, 2002, Vol. 1, Election Commission of Pakistan

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5.3 The 17th Amendment 2003 and Role of Opposition Parties On November 21, 2002, Mir Zafarullah Khan Jamali was sworn in as Prime Minister of Pakistan, and he got only 172 votes which is the least ratio for electing a Prime Minister. As the half of 342 is 171 and Jamali could escape the defeat with a margin of only one vote. In the inaugural session of the national assembly the members staged a tumult and demanded that they would only take oath under the Constitution of 1973, while at that time, LFO was in force. The former Speaker of National Assembly Elahi Bux Somro (1935-b) solved this problem and said that oath would be taken under the Constitution of 1973, after crossing of this phase. Mr. Jamali constituted his Federal Cabinet comprising of old and new faces almost all political parties except PPPP, PML (N) and MMA voted in support of Jamali. After the restoration of political activities there was hustle and bustle on the political scenario. The Federal Cabinet comprised of Shoukat Aziz Finance, Rao Sikander Iqbal Defense, Faisal Saleh Heyat Interior, Khurshid Mehmud Kasuri Foreign Affairs, Zebeda Jalal Education, Sheikh Rashid Ahmed Information, Zahid Sarfraz Law & Justice and Ejaz-ul-Haq as Minister of Religious Affairs. On the Provincial level PML-Q formed the government in Punjab and Pervez Elahi was appointed as Chief Minister, Ali Muhammad Mehar of PML-Q was named s Chief Minister of Sind, while MQM became the allied party of PML-Q in provincial and federal governments. MMA formed government in Baluchistan and NWFP (now KPK) provinces. Akram Durrani became the Chief Minister of NWFP and Akhtar Mengal took the oath as Chief Minister of Baluchistan. The Senate Elections were also completed from February 24-27 and the Senators took the oath on March 12, 2002. Hence, the representation of both the Houses of the Parliament was completed according to the Constitution of Pakistan. After the accomplishment of the political process Prime Minister Jamali visited the United States which was highly significant with reference to Afghan war. Jamali’s government presented its first budget which was named as public friendly budget. Once again the political disorder appeared in the country and Musharraf was made the target of criticism. Because after PCO, LFO was approved and entire political process was completed but it had no legal status. Ultimately, for constitutional protection to the Martial Law and unconstitutional steps taken by Pervez Musharraf, the similar action was taken as General Zia-ul-Haq did in the National Assembly after it came into existence in 1985. General Zia-ul-Haq

170 blackmailed the members of National Assembly for lifting Martial Law and sought indemnity, while on the recent occasion Musharraf also followed his predecessor, as according to General Pervez Musharraf that if Parliament did not approve the same this time, he would have to return to his home. Pervez Musharraf had very clearly declared that after the approval of the constitutional amendment, he would consider about the lifting of emergency and his uniform. However, the constitutional crisis existed as previously and became the victim of deadlock. At last an agreement was reached between the Government and the opposition MMA on December 24, 2003, for the 17th Amendment in the Constitution of 1973; Pakistan Muslim league-Q along with its Allied Parties presented the document of 17th Amendment in the National Assembly. Having discussion, the Amendment was passed with the support of MMA. PPPP and PML-N strongly opposed the Amendment. The government moved the Constitution 17th Amendment Bill on December 26, 2003, in the National Assembly. Barrister Aitzaz Ahsan, of PPP raised an objection that the amendment was contrary to the joint stand of ARD and MMA that LFO was not the part of Constitution. Qazi Hussain Ahmad admitted that the draft of amended Bill would constitute acceptance of LFO as part of Constitution and that the government moved the Constitution (Seventeenth Amendment) Bill on December 26, 2003 in the National Assembly.28 Aitzaz Ahsan of PPP (P) raised an objection that the Amendment Bill was contrary to the joint stand of the ARD and MMA that LFO was not part of the Constitution. Qazi Hussain Ahmad admitted that the draft Amendment Bill would constitute acceptance of LFO as part of the Constitution and that the same was against the agreement reached between the government and the MMA. He thus demanded redrafting of new Bill in accordance with the agreement. Thus, Prime Minister, Mr. Jamali agreed to adjourn the session and ordered to present a new draft of the Seventeenth Amendment Bill. However, on December27, 2003, another agreement was reached between the PML-Q and its Allies with MMA. They agreed to present the new Bill and suitable changes would be made in the Bill in order to satisfy the MMA. Finally on December 29, 2003, the revised 17th Amendment Bill was passed by the National Assembly with 248 out of 342 members in favor and no vote in opposition.29 In fact, ARD and other opposition parties had boycotted the session in protest against the deal between the

28Bahadar, Kalim, The Rise of MMA: Pakistan in a Changing Strategic Context, Knowledge World, New Delhi,2004, p. 73 29Kamran Khan, 17th Constitutional Amendment & Its Aftermath: The Role of MMA, Pakistan Vision, Vol.9, No.2, 2005, p. 5 171 government and MMA. On December 30, 2003, the Senate passed the Amendment Bill by 72 votes to nil.30ARD and Opposition Parties again boycotted the session of the Senate. However, LFO was never submitted before the Parliament and Seventeenth Amendment Bill only contained amendments which were being made in the Constitution. In fact, the Amendments were made in the provisions which were amended, varied by the LFO. The amended Articles; 17, 51, 59, 62, 63, 63A, 70, 71, 73, 75, 101, 140A, 152A, 199, 203C, 209, 218, 224, 260, 270-B and 270-C of the Constitution by LFO were not touched by the Seventeenth Amendment Act.31 These were deemed to have been validly made in the Constitution under the language used in Article 270AA. The Seventeenth Amendment Act made amendments in the following Articles of the Constitution: 32Competent Authority is defined as the

30Khan, Hamid, The Constitutional & Political History of Pakistan, Oxford University Press, Karachi,2004, p.503 31Rabbani, Mian Raza, LFO; A Fraud on the Constitution, Q.A. Publishers, Karachi, 2003, p.168 LFO are reproduced as under:(I) The Proclamation of Emergency of the fourteenth day of October 1999, all President's Orders, Ordinances, Chief Executive’s Orders, including the Provincial Constitution Order No. 1 of 1999, the Oath of Office (Judges) Order, 2000 (No. 1 of 2000), Chief Executive’s Order No. 12 of 2002, the amendments made in the Constitution through the Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), the Legal Framework (Amendment) Order: 2002 (Chief Executive’s Order No. 29 of 2002), the Legal Framework (Second amendment) Order, 2002 (Chief Executive’s Order No. 32 (2002) and all other laws made between the twelfth day of October, one thousand nine hundred and ninety nine and the date on which this Article comes into force (both days inclusive), having been duly made or accordingly affirmed, adopted and declared to have been validly made by the competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground what so ever. 32Article: 41 Election of the President has been amended. It adds a proviso to paragraph (b) in Clause (7) to the effect that the disqualification incurred by an MNA for holding another office of profit would become effective on December 31, 2004. However, there was no paragraph (b) in the Constitution. It was introduced by the LFO. Clause (8) has been added to the Article 41 which provides only for endorsement of Musharraf's election as President. Clause (9) has been added to Article 41 which authorizes the Chief Election Commissioner to regulate and conduct the proceedings for vote of confidence for Musharraf and to count the votes cast during such proceedings. The Clauses (8) and (9) are transitional provisions and have already become dead letter. Article: 58 A new Clause (3) has been added to provide for reference to the Supreme Court within 15 days of dissolution of National Assembly under Article 58-2b. The sub clause (b) of clause (2) of Article 5 was deleted by the Thirteenth Amendment Act 1997. It was reinserted by the LFO in 2002. An identical amendment has also been made in Article 112 (Dissolution of a Provincial Assembly by the Governor), which was also deleted by the Thirteenth Amendment Act, 1997. Article: 152-A National Security Council has been deleted. However, this Article did not exist in the Constitution and was only added by the LFO. Article: 179 Purports to substitute new text in the Article. The new text (retiring age of Supreme Court judges) was already there in the Constitution before it was changed by the LFO. This amendment erases the change in the Constitution deemed to have been affected by the LFO whereby the judges retirement age were raised by three years. Article: 195 the substitution of Article 195 (Retirement age of High Court judges) is similar to that of the substitution in Article 19. Article: 268 the enactments that cannot be amended or even discussed in the Parliament or the Provincial Assemblies without the prior approval of the President. Before the LFO was issued, 24 laws listed in the Sixth Schedule were so protected. The LFO added eleven more laws to the list. The Seventeenth Amendment Act reduces the protection to Provincial Local Government Ordinances and the Police Order to six years. Article: 270AA, inserted by LFO, and was replaced with a new text. It affirms and validates all amendments made by the LFO in the Constitution. It also validates laws made from October12, 1999, onward as 172 appropriate legislature in respect of President Orders, Ordinances, Chief Executive's Orders and enactments, including amendments in the Constitution. Since LFO and its amendments were made through Chief Executive's Orders, therefore, it would be deemed that the amendments made in the Constitution by LFO were made by the parliament itself. LFO had amended/added twenty nine Articles in the Constitution out of which twenty have been left untouched by the Seventeenth Amendment. Only the provisions of following nine Articles: 41, 58, 112, 152A, 179, 195, 243, 263 and 270AA have been amended/deleted/substituted by the Seventeenth Amendment. Thus, LFO was deemed to have become part of the Constitution which was in clear negation of the stance of MMA for more than a year.33 It is interesting to note that MMA leadership took a tough stance in the proceedings of the Parliament on December 26, 2003, thus requiring the government to come up with a new Amendment Bill which would manifest that LFO was not part of the Constitution. It is strange that in two days time, MMA submitted the draft of the Amendment Bill on December 26, 2003. There are only three minor changes in the draft Bill presented on 26 December and the one presented on 28 December. In the earlier Bill, it was stated in Article 152A that the National Security Council would be constituted under an Act of Parliament and in the later Bill, Article 152A was altogether omitted. In Articles 179 and 195, the words sixty eight years and sixty five years were substituted by sixty five years and sixty two years respectively in the earlier Bill. In the later Bill, the text of these Articles was substituted and the ten prior to LFO was substituted for the text that came about due to LFO. All these changes were minor, immaterial and inconsequential. It remains a mystery as to why MMA leadership capitulated so humiliatingly.17th Amendment was the rebirth of 8th Amendment. In 1985, the Parliament was spineless having been elected on Non-Party basis and wilted under the pressure of Zia. This time the elections though rigged were held on party basis and the Parliament had substantial opposition and yet Musharraf got away with whatever he wanted. The manner in which the members of the Parliament have been prevailed upon by the military establishment and intelligence agencies to submit to the wishes

having been validly made or accorded affirmation, adoption and declaration by the competent authority. All orders made, proceedings taken, appointments made, acts done by any authority. All orders made, proceedings taken, appointments made, acts done by any authority or person under such laws from October12, 1999 onwards have also been validated and affirmed under Article 270AA. 33Khan, Hamid, The Constitutional & Political History of Pakistan, p.506 173 of a military ruler only establishes that the democracy and democratic institutions in Pakistan are weak and vulnerable before the might of the military. The power still flows out of the barrel of the gun and not from the will of the people. A number of 248 votes out of a total of 342 were cast in its favor, while in Senate it got 72 votes out of 100. ARD had announced boycott of the Senate Elections. In 17th Amendment apart from PCO, LFO, a series of Articles 51-17, 62, 63, 63A, 70, 70A,73, 75,101. 132A, 140A, 152A 199, 203C, 208, 218, 224, 260, 270B, 270C and 270AA were also included.34 In short, the power and authority, which enjoy by the Prime Minister, according to the parliamentary system grabbed by the General Pervez Musharraf? These powers were actually the same which had been achieved by General Zia-ul- Haq; most significant among these was to dismissal of National Assembly and appointment on important posts which were originally the powers of Prime Minister, now transferred to the President. In1997, Nawaz Sharif had abolished the 8th Amendment and the powers once again were centralized in the Prime Minister. However, after the new political system of Pervez Musharraf these powers returned to him again. The National Assembly was once again blackmailed and compelled to sign the 17th Amendment in the Constitution that was approved on December 31, 2003. ARD in retaliation staged a strong protest. This time MMA provided the base to Musharraf which he desired. The opposition was not much functional in the country, as the main leaders were not in the country and the public could not be motivated as such and Musharraf exploited the situation and took the benefit of the situation. On the very next day, after the approval of the constitutional amendment Pervez Musharraf was elected as President on the basis of the results of the referendum on January 1, 2004 and also achieved the vote of confidence from the Assembly. The total number of the Electoral College was 1176 and Musharraf earned 658 votes out of the total. Hence Musharraf secured 56 per cent votes and crossed another landmark.35 As he could not produce complete harmony with Jamali on foreign and national policy, hence after the presentation of the second budget by Jamali government, resignation was demanded from Jamali on June 26, 2004. As the gulf between Musharraf and Jamali was widening so Jamali submitted resignation very humbly to Musharraf and left the Prime Minister Office. Musharraf

34 Seventeen Amendment in Constitution of Pakistan. For detail see Appendix- VII P. 319 35 Sinder, Inderjit, “The Pendulum of Leadership Change and Challenges of Civil Democracy and Military Rule in Pakistan”, International Journal of Education and Research Vol. 1, December 2013, p.9 174 was in search of a suitable person to replace Jamali and his choice was Shoukat Aziz, but some time was required to get him elected as MNA. Shoukat Aziz had served as Financial Adviser, since military coup later, he was elected as Senator and become Finance Minister, and Chudhary Shujaat Hussain was elected Prime Minister for two months. Shoukat Aziz contested the MNA Election from Attock District in Punjab Province and Tharparkar District in Sind Province in order to be elected as Prime Minister of Pakistan. Shoukat Aziz was sworn in as 22nd Prime Minister of the Islamic Republic of Pakistan and supported the national policies alongside President Musharraf.36 Shoukat Aziz was a so called Prime Minister as there are examples of such prime ministers in Pakistan’s history who were powerless and were elevated to this position through the courtesy of some high up. Shoukat Aziz devotedly and dedicatedly extended services to Musharraf till the completion of the term of the national assembly. Shoukat Aziz was among the administrators of American city bank and after the completion of his term he rejoined his employers. Shoukat Aziz managed the affairs of the motherland in the form of a banking institution and earned profit only. In this period the economic stability was experienced by Pakistan and the exports reached new heights. The foreign exchange reserves were also enhanced and showed improvement. In 2005, Pervez Musharraf completed once again another round of local government. While the public took great interests and possessed enthusiasm as the district government system was greatly welcomed by the public. Even the MNA and MPA resigned from their posts and became active for the posts of District Nazim as the total powers and funds had been given to the district government for the whole district. The political leaders began to feel attraction in this system First term was from 2001 to 2005 and the second term was from 2005 to 2009. Since Musharraf Govt. the relations of Baluchistan Government were not on cordial basis with the federal government. However, with the passage of time these relations further deteriorated and the tension was increased. Baluch Nation had some demands with the federation of Pakistan which were made in the way back since 1950. But when the Baluchistan division was given the provincial status on July 1, 1970 under Legal Framework Order (LFO) then the proper Assembly and political activity were

36Arif Azad , General in His Labyrinth, Economic and Political Weekly ,Vol. 41, No. 37 , Published by Economic and Political Weekly , September 16-22, 2006, p. 3

175 commenced. However, the military operation of 1973 left indelible impact on the Baluch leaders, as the killing of the Balch leaders was not an ordinary thing for the Baluch. Anyhow, the negative impact of this military operation is still intact. General Pervez Musharraf made many measures to address the backwardness of Baluchistan that included the project of Gawadar Port, a new cantonment in Baluchistan and other development projects. This move was not liked by the Baluchs nationalist leaders, hence the terrorist and extremist activities were launched in Baluchistan and this sequence kept on extending further. General Pervez Musharraf was desirous of the development of Baluchistan and would say that the Balch Sardar is the main hurdle in the development of this backward province. The Federal Education Minister, Zebeda Jalal was also included in the federal cabinet and in the Musharraf regime; Mir Zafarullah Khan Jamali was designated as Prime Minister only for this purpose to address the deprivation of the province. On the speed up of the militant activities of the Balch Nationalists, Musharraf took ironically steps to crush them. Many Balch leaders either migrated or went underground due to this action. Nawab Akbar Khan Bhugti was the Chief of Bhugti Tribe and the identity of Baluchistan. He was a public leader and possessed conservative concepts. Nawab Akbar Bhugti was a political figure and had been the Governor, Chief Minister and MPA of Baluchistan Assembly. He went underground in 2005 due to the government activities and according to a government stance, Nawab Bhugti died in a cave blast of Kholo District on August 26, 2006. But the public impression and political circles produce an opposite views. Pervez Musharraf at many stages has given indication that the terrorists should abstain from their nefarious activities and get themselves involved in the national stream by surrendering their arms, otherwise they would have to face stronger operation than the 1973 and they would not be able to know that the from which side the bullet had hit them. Hence, it happened as expected that Nawab Akbar khan Bhugti was killed in this military operation on August 26, 2006, and he was buried after six days. The Balch Nation had a great impact of this incident and a province wide strike and weeklong mourning was observed on the murder of Nawab Akbar Khan Bhugti. The political observers termed the murder of Nawab Akbar Khan Bhugti as very dangerous for the country rather a threat to national integrity. Pervez Musharraf was very much joyful on his victory, while the sons of Akbar Bhugti declared to take revenge from Pervez Musharraf and they announced one Billion Rupees as the price 176 of the head of Musharraf and half of their property for the killer. The political parties expressed reaction on the murder of Nawab Akbar Bhugti and said that he was Pakistani in true sense and believed in the federation. They declared the murder of Nawab Akbar Bhugti as an irreparable loss for the nation, Mian Nawaz Sharif, Benazir Bhutto, Maulana Fazal-ur-Rehman, Qazi Hussain Ahmed, Imran Khan, Tahir-ul-Qadri and Altaf Hussain paid rich tributes to the national leader. After this murder the sense of insecurity among the Balch people further enhanced. And the extremist activities further increased rapidly and the situation kept on getting worse to worst. 5.4 Judicial Crisis, Presidential Election and NRO 2007 In the history of Pakistan, the judiciary’s role will always have a question mark as the judiciary provided protection to all the military revolutions in the past but this time a visible change was observed in the attitude of the judiciary. This was a unique instance in Pervez Musharraf Government. Mr. Justice Iftikhar Chudhary took the oath of Supreme Court Judge under PCO on October 12, 1999, after being nominated by the Baluchistan High Court. This incident is included in some important decisions against Pervez Musharraf Government. Mr. Justice Iftikhar Chudhary was appointed as Chief Justice of Pakistan on June 30, 2005, and at that moment no one could anticipate that a gentleman and humble person like Justice Iftikhar would become the cause of the downfall of Pervez Musharraf. In accordance with the privatization policy The Pakistan Steel Mill (PSM) was being handed over to private sector. A petition was filed and Supreme Court gave the verdict against the government. The Steel Mills was sold in 22 Billion Rupees to Laxmi Mettal,37 a close friend of Shoukat Aziz, who showed interest in this deal. While Supreme Court in its decision said, this deal was against the interest of Pakistan as the price of Steel Mill was more than 75 Billion Rupees and this amount did not include the value of the land.38 Pakistan Steel Mill was actually a joint project of Pakistan and Russia was built in era of former Prime Minister Mr. Bhutto. It was the largest industrial unit of the country. CJ Iftikhar Chudhary disclosed the corruption of the government and hence, the conditions became disturbed. A judicial crisis began with President Musharraf

37Laxmi Mettal; he is billionaire business man of India, he is also friend of Prime Minister of Pakistan Shoukat Aziz, the Govt wants to sold the Pakistan Still Mills to him in very cheap price. A rough estimate of the PSM was 75 billion but P M rated the PSM 22 billion Rs. The News, Lahore, June 15,2006 38The weekly, Friday Times, Islamabad, May 10, 2006 177 dismissed Chief Justice, Iftikhar Chudhary, on charges of nepotism and misconduct. Analysts widely believe the action was an attempt by Musharraf to remove a potential impediment to his continued roles as president and army chief, given Chaudhry’s rulings that exhibited independence and went contrary to government expectations. The move triggered immediate outrage among Pakistani lawyers; ensuing street protests by opposition activists grew in scale. On March 9, 2007, at evening news was highlighted on the TV & Radio news bulletin, General Pervez Musharraf was sitting and meeting with CJP Mr. Justice Iftikhar Chudhary in the Presidential Camp Office Rawalpindi. In this meeting President Musharraf showed a reference against Justice Iftikhar was based on false allegations. Musharraf forced Iftikhar Chudhary to resign otherwise he would refer the CJP case in to the Supreme Judicial Council. He apprised him of dire consequences and said that it was in best of his interest to resign immediately;39and he would be adjusted later on. The complaints shown to Justice Iftikhar were actually the letter of Naeem Bokhari in which he had leveled very mean allegations against the Chief Justice. However, the Chief Justice refused to resign and said that he would face the allegations.40 When the media got the reality of the incident then the public sympathies were with Chief Justice. President Pervez Musharraf appointed Mr. Justice Javed Iqbal as acting Chief Justice by suspending Mr. Justice Iftikhar Chudhary and the case was sent to Supreme Judicial Council. The public reaction has become very strong and 12th March fixed for Reference against the Chief Justice. CJP, came out of his house the media channels gave full coverage to this issue. This issue had become the flash point and the expression of the several years’ hat redness of public for Pervez Musharraf began to appear. Country wide rallies and protest processions were brought out to show integrity with the Chief Justice. Almost every sector of the civil society expressed his opinion. The rallies and the public meetings had taken the form of a proper movement. The experts assume that since the emergence of Pakistan there had been no movement so much organized and forceful than the recent one. There was no element of oppression from the public in the movement while under the government patronage the incident of extremism of May 12th happened. Mr. Justice. Iftikhar Chudhary had to address the Karachi Bar Association KBA, by taking part in the ceremony, when there was a mob gathered to

39Maqbool Arshad, Last 365 Days of Pervez Musharraf, Facts, Publishers, 2008, p. 27 40International Crisis Group, “Reforming the Judiciary in Pakistan” Asia Report No. 160, 26.10 2008 Also available on www.crisisweb.org 178 stage a rally in support of Mr. Justice. Iftikhar, right at that moment a wave of extortion was commenced by Chief Minister of Sind, Arbab Ghulam Rahim and MQM and in this oppression 50 persons were killed.41 On the same evening General Musharraf was addressing a public meeting in Islamabad and was demonstrating his power. Along with him the supreme leadership of Chudhary Shujaat Hussain, Shoukat Aziz and MQM’s executives were also present. After this incident the “Restore Chief Justice”42campaign became more stimulated. In the meantime the Supreme Court constituted a larger bench for the hearing of the case against the suspended Chief justice. Chudhary Aitzaz Ahsan was appointed a defendant lawyer from Mr. Justice Iftikhar Chaudhry’s side. Mr. Justice Khalil-ur-Rehman Ramday was leading the larger bench, after daily proceeding of the case the historical decision was at last finalized on 20th July after four months and ten days of the hearing of the case, when Mr. Justice Khalil-ur-Rehman Ramday announced the restoration of the Chief Justice and declared the allegations leveled against him as null and void. This was the verdict of the 12 member Bench.43Among the public and political circles this decision was hailed and on the public level it was celebrated. But Musharraf and his companions were unhappy on this decision and they had reservations on the public pressure and court decision. Another dispute with the judiciary started from July 20 to November 3, 2007. After three months and 13 days the Musharraf government launched another offensive on the judiciary. In fact, Musharraf had not accepted the 20th July court decision by heart and acknowledged it forcibly. Apart from this on the judicial front the anti government cases would be decided on accelerated pace. In the beginning of year 2007, on 9th March an incident happened with Pervez Musharraf, which he was not expecting. While in the same year on 3rd July, the tragedy of Lal Masjid Islamabad also took place which infused a wave of strong resentment and anger among the public. Lal Masjid Islamabad was built in 1966. Maulana Abdullah Ghazi (1935-1998) was a qualified religious scholar from Jamia Uloom Islami Banoria Town Karachi and was appointed as Khateeb Lal Masjid in 1966. Maulana Abdullah Ghazi participated in the Holy war of Afghanistan and achieved martyrdom in 1998 in Afghanistan. Maulana

41Maqbool, Arshad, Gernail Beeti, p.269 42International Bar Association, “A Long March to Justice: A Report on Judicial Independence and Integrity in Pakistan,” London, 2009, p. 31 Also see http.www.factfindingguidelines.org 43PLD2007, SC 578, July 20, 2007 according to the Supreme Court of Pakistan, full bench dismissed the reference against the CJP Ch. Iftikhar Chudhary. 179

Abdullah Ghazi always opposed every government except the regime of General Zia- ul-Haq, whom he admired very much. After his death his sons took over the Imam at the Lal Masjid. The recruitment of Mujahedeen would be processed in this Masjid and then the selected would be departed to Afghanistan after military training. It is also worth mentioning that the office of ISI is at a distance of one kilometer only and it is quite comprehensible that the Jihad-e-Afghanistan had government’s patronage. Maulana Abdul Rashid Ghazi was a graduate of International Islamic University Islamabad, but in spite of seeking modern education he took over the Imam at Lal Masjid. The fame of Lal Masjid was highlighted on public level in October 2001, when political power was displayed against the American invasion of Afghanistan and support of Taliban government. Again after that the political power display was expressed in 2007, when the Capital Development Authority (CDA) Islamabad demolished the illegal constructed Madrassa adjacent to the Masjid and the female students of Madrassa captured the state children library, but after negotiations the situation returned to normalcy. On June 2nd, these female students kidnapped Chinese workers of a Massage centre and claimed that they were running a brothel house. Hence, on the detention of Chinese citizen the Chinese Government’s influence was also faced. Federal minister for religious affairs Ejaz-ul-Haq started dialogues with the Lal Masjid management but to no avail. Chudhary Shujaat Hussain and other political leaders also continued the series of dialogues. The Khateeb of Lal Masjid Maulana Abdul Rashid Ghazi and Maulana Abdul Aziz had served as Chairman Roet- e-Hilal Committee in Zia-ul-Haq regime. There appeared a deadlock in the mutual dialogues and even Imam-e-Khanna Ka’aba, Sheikh Al Saudis was also included in the dialogue process, so that in the some way to resolve the problem for durable peace could be explored. However, the dialogues were failed and ultimately the government launched an operational move entitled “Operation Sunrise.”44There was no flexibility in the government stance as according to them the terrorist were hidden in the Masjid and they were ready to attack Islamabad. During the dialogue process a blind bullet shot from the Masjid killed Lt. Colonel Haroon Islam.

44Operation Sunrise & Operation Silence; this operation was done 3-11 July 2007 at Lal Masjid, Islamabad, 150 innocent girl & boys were killed by army operation, 14 army personals were killed including LT Conele and others. In this the terrorist were hidden and they made hostages to students of Jamia Hafsa. The Govt started dialogue and try to avoid the operation, in this regard they also brought the Sheikh Abdul Rehman Al Sudes, Imam-e- Khanna Ka’aba, but dialogue fail and in reaction the operation was started, the Govt faces heavy criticism . 180

After that military operation became severe and in this operation from July 3-11, 2007 in addition to Maulana Abdul Rashid Ghazi and his mother, 12 soldiers and 154 others were killed.45 On 11th July the Principal of Jamia Hafsa Umme Hasan, saved her life by making a good escape while Maulana Abdul Aziz was apprehended clad in a Burqa while running away. According to the independent resources the number of killings was much more. On 12th July the media persons were properly taken on a visit of Lal Masjid and Jamia Hafsa and the ammunition under the use of the terrorists and other equipments were given publicity. The government in its intoxication of power was crushing the public power. There were many contradictory claims against the terrorists staked by the government but nothing solid could be proved. According to Chudhary Shujaat the political solution of the Lal Masjid issue had been found but then some secret elements did their job. Chudhary Shujaat Hussain expressed grief and sorrow on the Lal Masjid tragedy. The political circles expressed their reservation on the incident, while the media strongly criticized Pervez Musharraf’s attitude. BBC commented that Musharraf had used the operation in his favor but the matters could have been resolved. A person with his credentials can never legally become President of the Pakistan. He is not the person Article 41 of the constitution 46. Even the Supreme Court did not validate his eligibility: in response to Jamiat-e-Islam’s petition challenging Pervez Musharraf’s eligibility as president, four of the judges of Supreme Court declared that he was not qualified for the post while the five others on the bench said the petition was not maintainable because Jamiat-e-Islami was not an aggrieved party. So, technically, the judgment which is there on merit is of the disqualification of Pervez Musharraf. He and his team of lawyers understand that the review of this petition is pending and it will be decided whenever the court is free and independent.

45The Daily News, Lahore, July 12, 2007 46 According to the Constitution of Pakistan 1973, Article 41: The President of Pakistan, 1. There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic.2. A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly.3. The President shall be elected in accordance with the provisions of the Second Schedule by the members of an electoral college consisting of members of both Houses; and b. the members of the Provincial Assemblies.4. Election to the office of President shall be held not earlier than sixty days and not later than thirty days before the expiration of the term of the President in office: Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly.5. An election to fill a vacancy in the office of President shall be held not later than thirty days from the occurrence of the vacancy: Provided that, if the election cannot be held within the period afore said because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly.6. The validity of the election of the President shall not be called in question by or before any court or other authority.

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To remove the objection raised on locus stand of JI to file the case, Justice (Rtd.) Wajihuddin appeared before the Court to get a verdict with the same plea; the nerves of the general could not with stand the imminent unfolding of the truth and emergency was imposed. Pervez Musharraf has broken the court which was moved to ascertain his eligibility for the post he held. Having achieved whatever he could, he has become redundant in any case. The coalition should read the writing on the wall and move to the next step. No doubt, the situation was tough but hopes and struggle cannot be abandoned. The tough have to get going: an optimistic but pragmatic approach is required to lead the nation back to a respectable life. The most significant case in this regard was the contest of Presidential election by Musharraf while still in uniform. The strategy for Pervez Musharraf to contest the Presidential election for second term was being framed, because Musharraf desired to get elected for the second term as President. During the 17th Amendment the uniform issue of the President was faced but Pervez Musharraf in spite of his promise with the public to put off the military uniform could not keep his words. Now the government and its allied parties announced the presidential election schedule to be held in September 2007, while a constitutional request against President Musharraf was under process in the Supreme Court. The Supreme Court issued an interim order to complete the electoral process, however the election commission was asked to keep the results pending till some decision was finalized by the Supreme Court. It was interesting to note that President Musharraf contested the election in uniform and his rival candidate was (R) Justice Wajihuddin Ahmad (1938-b) who was an independent candidate and was one of the affected judges of Musharraf PCO decision in 1999. Musharraf won the election with obvious majority as (R) Justice Wajihuddin Ahmad could get only 8 vote.47The case of Musharraf with reference to uniform was being tried daily. According to the National Reconciliation Ordinance (NRO) 2007, the cases registered against the political leaders from January 1, 1985 to October 12, 1999, were withdrawn. The most benefit was given to Benazir Bhutto and Asif Ali Zardari, as according to this ordinance the cases registered against Zardari during Nawaz Sharif’s regime inside and outside the country were terminated. Over and above Asif Ali Zardari who had been imprisoned since 1997, was released in 2005 on bail. President Musharraf and

47Haris Gazdar, Judicial Activism vs. Democratic Consolidation in Pakistan, Economic and Political Weekly Vol. 44, No. 32, Published by Economic and Political Weekly August 8-14, 2009, p. 4

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Benazir Bhutto have been negotiating a power sharing arrangement that could facilitate Musharraf’s continued national political role while also allowing Bhutto to return to home from self imposed exile, potentially to serve as prime minister for a third time. The Bush Administration reportedly has encouraged such an arrangement as the best means of both sustaining Musharraf’s role and of strengthening moderate political forces in Islamabad. Pakistan’s deputy information minister recently claimed that the United States essentially forced a reluctant Islamabad to allow Bhutto’s return from exile. Some analysts take a cynical view of Bhutto’s motives in the negotiations, believing her central goal is removal of standing corruption cases against her. Bhutto insists that she has engaged Musharraf so as to facilitate “an effective and peaceful transition to democracy.” On October 4, President Musharraf and Bhutto agreed to an accord that could pave the way for a power sharing deal. The National Reconciliation Ordinance (NRO) provides amnesty for all politicians who served in between 1988 and 1999, thus essentially clearing Bhutto of pending and potential corruption charges. Officials said the amnesty would not apply to former Prime Minister Sharif. In return, Bhutto reportedly agreed (tacitly) to accept Musharraf’s reelection plans. The Supreme Court subsequently put a spanner in Bhutto’s plans by ruling on October 12 that it would hear challenges to the NRO, thus threatening a Musharraf Bhutto deal by potentially reinstating corruption charges against the former prime minister. Following the imposition of emergency, Bhutto stated that she will not meet or negotiate with Musharraf, further diminishing prospects for a deal. A meeting was arranged between Benazir Bhutto and Pervez Musharraf in 2007 in Dubai in which the NRO matter was determined. The diplomatic observers say that this meeting was arranged on the consistent desire of US Foreign secretary Condoleezza Rice and British Foreign Minister David Miliband. In this regard, the role of DG, ISI Ashfaq Pervez Kiani role was very significant.48 This plan was disclosed when Benazir returned to Pakistan on October 17, after a very long period of self exile. According to the plan Benazir Bhutto, return after the scheduled on December 7, 2007, elections. General Pervez Musharraf was extremely angry with Benazir Bhutto and he told his friends that she would herself be responsible for her security. On her return to homeland Benazir Bhutto said while talking with media personnel that her life is under threat in case of ant misshapen then three persons

48Benazir Bhutto, Dictatorship or Democracy , p.344 183 would be responsible, in which included Chief Minister of Punjab, Chudhary Pervez Elahi, Former DG, ISI Syed Ejaz Ali Shah and former DG ISI Hameed Gul.49 The political parties also reacted strongly against NRO. Even, the closest companion of Pervez Musharraf, Chudhary Shujaat Hussain said that NRO was a personal decision of Pervez Musharraf and he had advised him not to do this. Under NRO 8041 Persons got benefit, in which 34 were politicians, 248 Bureaucrats and 3 Ambassadors.50 PPP and MQM achieved the maximum benefit, as more than 800 members of this political party. NRO, Benazir Bhutto made a more dangerous political move and announced for her return at homeland. Amongst the Federal Ministers, the NRO beneficiaries include Interior Minister Rehman Malik (facing cases of embezzlement of funds on account of unauthorized release of imported yellow cabs, illegal detention of complainant and illegal gratification), Defense Minister Ahmad Mukhtar (charged with misuse of authority in issuing sugar export permit to non-entitled persons in 1994 as the commerce minister), Ports and Shipping Minister Babar Khan Ghauri, Overseas Pakistanis Minister Farooq Sattar and Minister of State for Housing Tariq Anis (charged with having assets beyond means). Sind Minister Siraj Durrani and certain MQM provincial ministers and MPAs are also included in the list of such beneficiaries. As many as 182 criminal cases have been withdrawn under the National Reconciliation Ordinance (NRO) against 11 mainstream politicians of the Muttahida Qaumi Movement, in addition to dozens of cases against politicians of the Pakistan People’s Party (PPP) and the Pakistan Muslim League-Nawaz (PML-N). Pervez Musharraf had promulgated the NRO on October 5, 2007 and given political relief to a total of 8,041 people against any cases registered against them between January 1, 1986, and October 12, 1999.51 The move came after a reported “under hand deal” with mainstream politicians. According to the NAB sources, MQM politicians including Altaf Hussain, Farooq Sattar, Ishratul Ebad, Imran Farooq, Babar Ghauri, Shoaib Bokhari, Saleem Shehzad, Wasim Akhtar, Safdar Baqri and Kanwar Khalid Younas, among others, had been charged with cases of 68 murders, 30 attempted murders, 10 kidnappings and 70 rioting cases. There were 31 cases of murders, 11 of attempted murders, three kidnappings and 25 rioting cases against Altaf alone, while

49Edward Miliband, Secretary of England, Condoleezza Rice, Secretary of USA, Jack Straw, and Secretary of England made arrangement to deal between Benazir Bhutto & Musharraf and resulted the birth of NRO. 50PLD, SC 265 January 19, 2010, NRO www.govt.org.pk 51The Daily Times, London, October 7, 2007 184

Imran Farooq had been accused in seven cases of murder, two attempted murders, three kidnappings and six rioting cases. Three murders, an attempted murder, two kidnappings and 10 rioting cases had been registered against MQM leader Safdar Baqri, while Farooq Sattar had been accused of involvement in five murders, four attempted murders and 13 rioting cases. There were 13 cases of murder, three attempted murders and five rioting cases registered against Shoaib Bokhari. Kanwar Khalid Younas had been charged with four murders, five attempted murders and three rioting cases, while a murder case, an attempted murder and five rioting cases were registered against Wasim Akhtar. Babar Ghauri was accused of four murders, rioting and two counts of attempted murder. Two kidnappings and two rioting cases were registered against Saleem Shehzad. MQM’s Governor in Sind, Ishratul Ebad, along with some other accused had been charged with attempted murder, while a case had also been registered against MNA Noman Sehgal. Altaf had reportedly been sentenced to 27 years imprisonment, in one of the cases against him by a special anti- terrorism court two years after he left Pakistan. Although, the Sind High Court later acquitted him of those charges in 1998, he had taken benefit of the NRO in three kidnapping cases registered against him. According to the list of the NRO beneficiaries, PPP leaders, including Interior Minister Rehman Malik, Defense Minister Chudhary Ahmad Mukhtar, Malik Mushtaq Awan, Nawab Yousaf Talpur, Agha Siraj Durrani, Jahangir Badar and Mir Baaz Khetran had all benefited from the ordinance. PPP and MQM achieved the maximum benefit, as more than 800 members of this political party. On October 17, 2007, she was warmly received at Karachi Airport; the distance of a few kilometers was crossed. The precession was still going that at 1 AM a dreadful blast occurred at Karsaz Chowk. According to the official statement 186 persons were killed and more than 400 were injured. Benazir Bhutto had been informed by the government that she was under threat of being killed so she should postpone her return to Pakistan. While she was of the view that her motherland was in dire need of her and the National Assembly was completing its tenure in November 2007, so under these circumstances it was not in the national interest to staying away from home. The return of Benazir Bhutto was a source of tension for Pervez Musharraf; hence the perplexities of Pervez Musharraf were increased. After imposing emergency Musharraf visited Saudi Arabia and tried to force the high ups of Saudi to let Nawaz Sharif stay in their country for the maximum possible time. Mian Nawaz Sharif and Shahbaz Sharif had an attempt to return on September 10, 2007 but 185 it was failed by Pervez Musharraf. Nawaz Sharif and Shahbaz Sharif were exile in Saudi Arabia since 2000; they had established their business. In 2006, compensation was granted and they shifted from Saudi Arabia to London (England). Both started politics and signed a document of Meesaq-e-Jamhoriat with PPP (Charter of Democracy, COD) on May 14, 2006.52 Soon, Mian Nawaz Sharif announced to return to the homeland in August 23, 2007, but General Pervez Musharraf sent them back forcibly. Supreme Court took a Suo motto action about it, but Pervez Musharraf continued to succeed in every move and once again exiled Nawaz Sharif on the basis of his authority November 25, 2007. The Saudi an Crown Prince Muqqarrab bin Abdul Aziz rejected this proposal of Pervez Musharraf on the grounds that if Benazir could return to home then why not Nawaz Sharif. Finally, Nawaz Sharif came back again on November 15, 2007. At that, the country was facing a political and constitutional crisis. Benazir Bhutto and Nawaz Sharif committed to gave tough time to General Musharraf. 5.5 PCO & Emergency November 2007 and Election 2008

On November 3, 2007, President General Pervez Musharraf issued a Proclamation of Emergency suspended the Constitution. The proclamation has justified the suspension; necessary due to the country rapidly deteriorating security circumstances. It was an unprecedented level of violent intensity posing a grave threat to the life and property of the citizens of Pakistan. It was allegedly negative role being played by the country’s judiciary, which was claimed to be “working at cross purposes with the executive and legislature in the fight against terrorism and extremism thereby weakening the Government and the nation’s resolve and diluting the efficacy of its actions to control this menace.”53According to the proclamation, the situation required “emergent and extraordinary measures.” A Provisional Constitutional Order (PCO) was issued by Musharraf (in his role as army chief) on the same day pursuant to the emergency proclamation. The PCO requires, inter alia, that the country’s judiciary take a new oath of office, and it bars the judiciary from making any orders against the

52The Charter of Democracy was signed by Nawaz Sharif of Pakistan Muslim League and Benazir Bhutto of Pakistan People Party on May 14, 2006 in London. The document, signaling an alliance between two significant political parties of Pakistan, outlines steps to end the military rule established by the 1999 Pakistani coup d'état led by General Pervez Musharraf and restore civilian democratic rule. 53K..Alan Kronstadt, Pakistan’s Political Crisis and State of Emergency November 6, 2007, Specialist in South Asian Affairs Foreign Affairs, Defense, and Trade Division Report Documentation Page Form Approved OMB No. 0704-0188, p. 3

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PCO or from taking any action against the President, the Prime Minister, or anyone acting under their authority. It also suspends a number of “Fundamental Rights” listed in Chapter One of the Pakistani Constitution. Nevertheless, the constitution does furnish, theoretically, a basis for a judiciary which is structurally independent. It contemplates an environment where the judges may be able to pronounce their judgments in accordance with the constitution without intimidation or threat. On November 3, 2007, the structure of the judiciary was disintegrated and the constitution tossed aside in order to send 60 judges home.54 The reason the constitution was sidelined was simply that it protects and guarantees the security of the tenure of judges under Article 17955 and requires a due process to be followed for the ouster of a judge in Article 20956; it does not accommodate the whim that judges be sent home arbitrarily only because they rendered or were about to render a judgment not acceptable to one individual.

Due process has to be followed to try, impeach and throw out any judge, whether or not he is corrupt; indeed, if a corrupt judge is dismissed summarily through an executive order, it is more likely he will be glorified. The lawyers’ community has often criticized the courts and judges for their role in connection with the deviations from and mutilations of the constitution. In the past, judges did fail us by refusing to take a stand, or by abandoning their stand at the eleventh hour. In the current crisis, when they have decided to maintain their stand and not bow out before illegitimate pressure, the nation needs to stand by them and the rulers need to comply with the sentiments of the nation. Thus, the lawyers’ struggle for the restoration of the judiciary has an even greater purpose of establishing rule of law in the country. The companions of Musharraf told him that the decision of the case was being declared against him. Hence, in a bid to avoid some unconstitutional situation Musharraf again

53 Shoaib A. Ghias, Miscarriage of Chief Justice: Judicial Power and the Legal Complex in Pakistan under Musharraf, Law & Social Inquiry Vol. 35, No. 4, Fall 2010,Published by Wiley on behalf of the American Bar Foundation , p. 3 55 Amendment of Article 179 of the Constitution, In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution in Article 179, after clause (5), the following new clause shall be added, namely, (6) Notwithstanding anything contained in clause (1) or clause (2), a Chief Justice of the Supreme Court who attains the age of sixty-five years before he has held that office for a term of five years may continue to hold that office until he has completed that term.” 56According to the Article 209, after inquiring into the matter, the Council reports to the President that it is of the opinion- A. that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and B. that he should be removed from office, the President may remove the Judge from office. A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article. The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts. 187 suspended the Constitution and imposed emergency on November 3, 2007. This news spread like jungle fire to every nook and corner of the country and Musharraf while taking some other measures enforced ban on media and detained the judges. In this way the public was also forced to be provoked. Information Minister Sheikh Rashid Ahmed said that the Government desired to take “Emergency Plus” measures.57 The Government had decided to take further unconstitutional steps after putting ban on media. During the “Restore Chief Justice Movement” Aitzaz Ahsan emerged as a very expert and prudent lawyer. When he came to know about the imposition of Emergency and November, PCO, he filed a Constitutional Writ in the Supreme Court under Section 184/3 to the seven-member bench presided by the Chief Justice. Iftikhar Chudhary issued the verdict that:

The circumstances for enforcing emergency were not clear and there were no conditions prevailing in the country which have been instrumental in imposing emergency.58

Furthermore, the power to enforce emergency was accorded to the President and no chief of army staff could impose emergency in the country. President Musharraf bulldozed the decision of the Supreme Court and appointed a new judiciary. He appointed seven judges and got all of them take oath on PCO. Mr. Justice Abdul Hameed Dogar was designated as the new Chief Justice of Pakistan. There was a wide condemnation by the lawyers, political parties and human rights bodies. The Pakistan Human Rights Commission, in a statement, said that the military government has gone further down the anti democratic road by forcing the judges, like General Zia-ul- Haq, to take their oath afresh under the PCO.59 The act has put an end to the pretence that the country is still being constitutionally governed and that the judiciary continues to act in accordance with its oath to the Constitution, it added. The later (judiciary) has now, by its swearing of a new allegiance, become a creature not of the Constitution but of the chief of the army staff acting as the country’s self appointed chief executive. By not acting in unison and in accordance with their oath and conscience, the judges have done further harm to the institution and the national good.

57Geo TV interview, Shahid Masood with Federal Minister of Information Sheikh Rasheed Ahmad, he expressed “Emergency plus” November 1, 2007 58PLD, SC 879, December 16, 2009 & K. Alan Kronstadt, Pakistan’s Political Crisis and State of Emergency November 6, 2007, Specialist in South Asian Affairs Foreign Affairs, Defense, and Trade Division Report Documentation Page Form Approved OMB No. 0704-0188 59 Human Rights Watch Destroying Legality: Pakistan Cracks down on Lawyers and Judges,” Vol. 19, No. 14, New York, 2007, and www.hrw.org 188

There is some comfort only in that they are more numerous than the last time round and this time they include the chief justice himself. When we talk about structural independence of judiciary we mean that the court must have a definite size and a definite number of judges, and the judges should be serving with definite and secure tenures and definite terms and conditions. After a judge passes a judgment in his courtroom, he should not return home to find that his official car has been taken back: the financial perks, privileges and everything else relatable to his terms and conditions should be known and should not be subject to change in the hands of any party whose case he might hear. On a larger level, there should be no threat that if a judge decides a case against the ruler, the entire court might be wrapped up. Only with structural independence would judges have an environment where they could decide cases free of fear or favor. Similarly, Musharraf detained some very honorable judges of the Supreme Court by imposing his desire. Various TV Channels were banned and now the restoration of the judiciary movement had been converted in to a public movement which had then been joined by the renowned jurists.60 The strong reaction was observed on political level and all the major political parties condemned the act of General Pervez Musharraf. On the government level the Kings party of Musharraf could not defend the public reaction. Benazir Bhutto announced to return the country to fill the vacuum of political leadership.

After winning the Presidential Election, Musharraf introduced a new controversy, Ordinance on October 6, which was named “NRO.”61 Pervez Musharraf said that the National Assembly would complete its tenure on November 18, 2007, and Prime Minister, Shoukat Aziz would announce to the dissolving of the National Assembly on mid night of Thursday and Friday. The President would nominate the care taker Prime Minister, and the Chief Ministers of the Provinces. Eventually, Chairman of the

60Simon Gardner, “Pakistan’s Media Slams Musharraf’s ‘Second Coup” Reuters, November 4, 2007 61 The National Reconciliation Ordinance (NRO) was a controversial ordinance issued by the former President of Pakistan General Pervez Musharraf on 5 October 2007. It granted amnesty to politicians, political workers and bureaucrats who were accused of corruption, embezzlement, money laundering murder, and terrorism between 1 January 1986, and 12 October 1999, the time between two states of Martial Law in Pakistan. It was declared unconstitutional by the Supreme Court of Pakistan on 16 December 2009, throwing the country into a political crisis. In Compliance of the orders of the Hon’ble Supreme Court of Pakistan to appraise the Hon’ble Court as to how the Federation would interpret the wording “the second road leads to the destabilization of the rule of law”, it is submitted as follows. There is no mention of the wording 'threat to democracy' in the Statement. The Federation supports the Prosecution, in accordance with law, of persons alleged to have done wrong doing. The Federation does not oppose the Petitions seeking a declaration that the National Reconciliation Ordinance 2007 (NRO) is illegal and unconstitutional. 189

Senate, Muhammad Mian Somro was appointed as Interim Prime Minister by the President with 24 Cabinet member including Nisar Ahmad Memon, Dr. Salman Shah, Essa Khan, Saleem Abass Gillani, Dr. Shams Lakha, Inamul Haq, Ensar Burni, Shahzada Alam, Barrister M. Ali Saif, Afzal Haider, Salman Taseer, Sikander Jogzai, Abass Sarfraz, Raja Tridev and Barrister Shahida Jameel were prominent figures. General Pervez Musharraf made a significant announcement in this regard; he put off the uniform on December1, 2007 and only retains the post of the President of Pakistan. Hence, it happened as per promised. Pervez Musharraf put off the uniform forever on due date, which he would call his skin. After 43 years of army service he himself made this decision, however, public, political and legal pressure was included in this factor.62 Benazir Bhutto, ARD, APDM and Lawyers Movement had come into the field against the Emergency and PCO 2007. Furthermore, the return of Nawaz Sharif was also made possible. Pervez Musharraf alone with putting off his uniform declared the lifting of emergency and by making more irregularities in the constitution amended the Article 270 AA to 270AAA;63 according to the amendment, all the events of 3rd November to 28 November were given Constitutional Status The Election Commission of Pakistan announced the General Elections schedule for to be held on January 8, 2008, while ARD announced the boycott of the Elections. Benazir was quite sure that the field must not be left open for King’s party. Nawaz Sharif was practically supporting ARD decision but she convinced him that it would be stupidity to escape from elections; we must be contested at every cost. So Nawaz Sharif differed with ARD and contested the Election 2008.

By start of December, the political activity for the elections was quite visible throughout the country as such a long time the leading political leaders were taking part in the elections together. The public meetings of Benazir Bhutto were overcrowded and this factor was not satisfactory for King’s Party and Pervez Musharraf. The rallies of Benazir used to commemorate the history of the past. On December 27, 2007, a public meeting of Benazir Bhutto was scheduled at Liaqat Bagh Rawalpindi, when Benazir Bhutto was coming out of Liaqat Bagh, after the meeting she put out her head from the hood of the vehicle to reply the public

62The Daily Pakistan Times, Karachi, October19, 2007 63Article 270AAA; Pervez Musharraf all ill legal steps from 3rd November 2007 to December 15, 2007, he gave a legal cover and made amendment in constitution. The Article 270AA, Convert in to 270AAA. www.govt.org.pk. 190 reception. Due to the rush of crowd the speed of the vehicle was very slow. About 05:15 PM, some unknown assailants present there, they fired some bullets and few moments later there was a dreadful blast. The main gate of Liaqat Bagh had also been filled with dead bodies. The security personnel and devoted workers of PPP were killed. Benazir was severely injured as bullet had hit her head; she was immediately taken to hospital but could not survive. It was a cold and bloody evening of the winter season, which separated Benazir from us forever. The history of Liaqat Bagh is very strange as it had taken the lives of three Prime Ministers of Pakistan. Liaqat Bagh used to be known as Company Bagh before the assassination of first Prime Minister of Pakistan Liaqat Ali Khan and after that it was renamed as Liaqat Bagh. After that Prime Minister Zulfiqar Ali Bhutto was given death sentence and hanged in Rawalpindi Jail, which was later on demolished and now it is a part of Liaqat Bagh. Then the assassination of Benazir Bhutto gave Liaqat Bagh a unique place in the world. The doubts of Benazir Bhutto had proved to be right as she expressed dissatisfaction on the security matters. A very complicated situation had arisen for the Musharraf government. Strong reaction was faced on the martyrdom of Benazir Bhutto and whole of the country was paralyzed. Loss of billions of Rupees was inflicted, railway faced great damages and the economy came to a standstill. The transport disappeared and the game of burning and seizure of state property started. The writ of the government had become very weak and in these circumstances, the conduct of the elections had become quite difficult. Hence, the Election Commission of Pakistan announced a fresh date of February 18, 2008, for the elections after 40 days mourning. No political party had given any proposal in this regard. The investigation of the murder of Benazir Bhutto was initiated Pervez Musharraf government frame up the charges on the defunct organization, Tehreek-e-Taliban Pakistan (TTP) Chief Baitullah Mehsood (1974-2009) that he was involved. TTP said; their organization did not target women. According to the initial interrogation the persons who fired bullets were identified as Bilal and Saeed and both of them have been killed in the bomb blast. Hence, this case became the victim of complicated legal points. At the time of murder Asif Ali Zardari was staying in Dubai along with his family, he learnt about the tragedy he rushed to homeland. The vacuum of leadership was filled by Asif Ali Zardari. The question mark on the death of Benazir would remain as unsolved. Pervez Musharraf had very obviously declared that he was a President and it was the duty of Interior Ministry to provide security to someone and 191 furthermore, Rawalpindi District is a part of Punjab province, so the matters were not within his reach. All political, religious, non-political parties and organizations expressed immense grief on this murder and the condolence messages of the eminent international figures were also received. Another political hero of Bhutto clan was doomed to unnatural death. It is strange tragedy that Zulfiqar Ali Bhutto, Mir Murtaza Bhutto, Mir Shahnawaz Bhutto and Benazir Bhutto, all of them faced unnatural death. The Chairperson of PPP Mrs. Nusrat Bhutto was in the state of comma since the murder of Murtaza Bhutto (1958-1996), hence she could not be delivered the news of her daughter’s murder and she passed away in the same condition in 2011.

In 2007, the Musharraf government ended with extreme perplexities as this was the year of the strong opposition of Musharraf. In this year first on 9th March, then Lal Masjid Operation on 3rd July, reinstatement of Chief Justice, Presidential Election 2007, the confrontation with the judiciary on November 3, 2007, and the assassination of Benazir Bhutto on December 27, 2007, were the significant events. Asif Ali Zardari took the charge as Co-Chair person of PPP, and took part in the elections. PPP had a suitable slogan for the election in Martyrdom of Benazir Bhutto and the search of her assailants. While, the Roti, Kapda aur Makaan (bread, cloth, shelter) was the first and last slogan of PPP. Bilawal Bhutto son of Benazir Bhutto said on the eve of the elections that, “Democracy was the sweetest revenge”.64 Hence, PPP was to be successful in its achievement of objectives while PML-N was contesting after a long time, hence they took part in the elections on one point agenda that was “Restoration of Judiciary”.65 Both the parties were given warm reception by the public. Finally on February 18, 2008, the results of the polls were declared, it was revealed that both the parties were leading far ahead of other political parties. As per Alliance and seat adjustment of both the parties so PPP and PML-N formed government in the Federal and again joined hands to Punjab government; while ANP and PPP formed the government in NWFP (Now KPK).The government sponsored political party PML-Q faced heavy defeat by PML-N and PPP alliance while PML-Q claimed the element of rigging in the election was main cause of their defeat. On March 24, the members of parliament took the oath and elected Syed Yousaf Raza Gillani as Prime Minister of

64The Daily Jung, Lahore, March 13, 2008 65Restoration of Judiciary; The CJP was suspended by COAS unlawfully on March 9, 2007; the lawyers of the Pakistan & civil society launched the movement as known Restoration of Judiciary, which continue until the executive order of the Prime Minister of the Pakistan on March 16, 2009. 192 the Pakistan, who was then joint candidate of PPP and PML-N.66 He was sworn in as 24th Prime Minister of the Islamic Republic of Pakistan, by President Pervez Musharraf. The members of PML-N and those included in Gillian’s cabinet took their oath from Musharraf with black bands tied on their arms as a mark of protest. It was a strange coincidence that PML- N was dismissed by Pervez Musharraf nine years ago and again took oath by General Pervez Musharraf. Prime Minister Syed Yousaf Raza Gillani in his maiden speech in National Assembly ordered to release the judges who had been under detention for the last five months. This decision was greatly hailed on public level. However, the honorable judges were only released and were not reinstated. Pervez Musharraf realized that to survive with PPPP and PML-N would be a great task he started cooperates with both parties. Soon he acknowledges that he would have no more roles in politics because PML-N plans their agenda for the Impeachment of the President.67 Slowly and gradually, PPP leadership decided not to restore Judges after one month. They were not even ready to show sincere commitment about Judges Issue. After one month when the time of restoration of Judges completed, Mr. Zardari went to London and then Dubai. Where Nawaz Sharif once again met with him and reminded him of his promise of restoration of Judges in month.

Mr. Zardari once again cleverly took another week time for the restoration of Judges. It was also proved political bluff and time passing tactics. Later a week, Mr. Zardari gave flat answer that he is not going to restore Judges. He made plea that only those Judges would be restored who take new oath that meant, they would select not restore Judges. PPP made a new excuse that it required amendment in the constitution. In this way a new discussion was started in countrywide. The lawyers silently waited again and patiently. They wanted to give time to new government to settle the dispute smoothly. PML-N and Lawyers tried their best to resolve the issue but all in vain due to negative attitude of PPPP. Ex-Chief Justice of Pakistan and sixteen Ex-Judges of Supreme Court categorically gave the opinion, that restoration of Judges did not require any constitutional amendment.68 Judges can be restored with Prime Minister’s Executive Order. Lawyers also second the opinion of five Ex-Chief Justice of

66Ayesha Ejaz, The Judge, the Media and the General, The World Today, Vol. 63, No. 6, Royal Institution of International Affairs, June 2007, p. 3 67The Daily Dawn, Lahore, March 29, 2008 68 Khalid Jawed Khan, “What Lawyers Want,” Dawn, October 11, 2007. 193

Supreme Court; The Justice (R) Saeed-ud-Zaman, Sajjad Ali Shah, Naseem Hassan, Afzal Zila and Ajmal Mian, like high ranked Chief Justice were included in that legal opinion. When Asif Ali Zardari gave flat answer to PML-N, once again Asif Ali Zardari called to Chief Minister of Punjab, Shahbaz Sharif and asked him let us have a deal. If you and your party stood by me in extension of Justice Dogar for another year, all of Sharif family cases will be decided in their favor. Disqualification case would be settled in their favor. (At that time qualification cases were pending in Supreme Court). PML-N and Sharif brothers flatly refused the offer. Mr. Zardari told to Nawaz Sharif that Judges cannot be restored except by constitutional amendment, PML-N resigned from ministries and their eight ministers at once resigned and left the government. It was a threat if lawyer put pressure on Musharraf; he may be dissolving the newly elected Assembly. It was sufficient to eye opener for Zardari. But Zardari took no effect after coming into power. In spite of all this he refused to restore Judges. He was reminded that it was also the will of late Benazir Bhutto but all in vain. Punjab Province was supporting Lawyer’s Movement, PML-N decided to give high Protocol to the Chief Justice tour in Punjab After completion of one year of Judges Removal lawyers decided to launch a Long March for “Restoration of Judges”. Earlier in June 2008 lawyers had conducted Long March which started from Karachi and ended at Islamabad in which lawyers and PML-N participated which was ended on the request of Aitzaz Ahsan.69 Dr. Shahid Masood interviewed with Asif Ali Zardari on a question that he took oath and promise to restore Judges several time. Zardari flatly refused to fulfill it by saying. “It was only a political statement not Hadith of Prophet (PBUH).”70He refused to restore Judges in any case. He said, Peoples has given me mandate for bread, cloth and house not for restoration Judges.71At this stage Asif Ali Zardari played another card, he plans to removed Musharraf and become President himself. On June Zardari gave a massage to Pervez Musharraf that all the political parties demands yours resignation and you have a safe passage if you adopt the option, Pervez Musharraf rejected the demand and further said I, will face the allegation in the Parliament. It was very critical time for Musharraf, he started consulting with allied ex-partners including PML-Q and MQM, they advised to him he must face the allegation in Parliament and present all the

69Haris Gazdar, Goodbye General Musharraf, Hello “Troika”, Economic & Political, Weekly, Vol. 42, No. 50, December15-21, 2008, p. 8 70Geo TV interview, Shahid Masood with Asif Ali Zardari 2008 71The Daily News, Karachi, April 22, 2008 194 details about the NRO. Musharraf also meet with American official in this regard, Saudi Arab and England’s Envoys also meet but he could not receive a good favor. Pervez Musharraf also met with COAS and demands for help but in current scenario COAS said, Army would not involve in politics. Now the Musharraf was in deep trouble. The political parties were gives statements that President House had become the House of Conspiracies.

On June 5th, President Musharraf called a meeting of journalist and said; “this time is not for resistance, this time is for reconciliation”.72 PPP Government also wanted to get rid of Musharraf but they have some soft corner, Asif Zardari wish that Impeachment was last option might be Musharraf go before the Impeachment, but Musharraf was not ready to surrender. Once again Musharraf had a serious meeting with legal advisers S. Pirzada and Malik Qayyum. They advised to Pervez Musharraf and warren that he cannot use the special powers of the Constitution of Pakistan 1973, Article 58-2b. The legal advisers tried to understand the Musharraf in this circumstances you cannot exercise the powers because you need a special advice of the Prime Minister and you also can not filed a reference against him. So please forget the idea and try to understand the situation. Finally, they advised not to escape, resign or face Article 47.73 Musharraf was too much tense and worried. As the time was running out the temperament of political parties was high and high. Musharraf was not ready to surrender, he sent special envoy (Tariq Aziz) to US for help, it was the last month of George W. Bush, as President of America, could not meet him because of election campaign, so Tariq Aziz meet to The Deputy Secretary of State, Richard Boucher; he just give him the lips services, it was again very shocking for him. Musharraf made his last effort he planned to meet with President of USA on Beijing Olympics 2008 at opening session but Musharraf thought if he leave Pakistan, might be process of Impeachment would started in the Parliament, he dropped the idea and send the Prime Minister to attend the ceremony. On 10th, August, Mr. Zardari said; very soon Musharraf face impeachment. After that a chain of diplomacy and dialogues were started with political parties and political figures at President House, Musharraf was looking very helpless in all the game plan, he would have never thought about, after nine years of whole and fully black and white of Pakistan can be

72Pervez Musharraf, In the Line of Fire, p. 463 73Article 47; according to the Constitution of Pakistan, the Article related to the Impeachment of the President of the Pakistan, procedure & regulation had been mention about the Impeachment. 195 very miserable in politics. Finally, on August 16, Foreign Minister of Pakistan; Mr. Shah Mehmud Qurashi in an official statement said, “President Musharraf have just two days to decide about their future” otherwise after two days we would be start the process of Impeachment in the Parliament.74 After this, Musharraf realized that after putting off his uniform how much he is weak in politics. Musharraf received a special massage from Army that he has a safe passage if he resigns immediately, so Musharraf followed the advice and decided to leave the Presidency. On 17th, August, late at evening Musharraf disclosed his decision with one demand that he will address the nation, the demand was accepted and finally on August 18, he addressed to the nation in live telecast and he conveyed his decision, he recalled the achievements, at some times he becomes emotional. Asif Ali Zardari gave a very glorious “Guard of Honor” and saw off him. Political parties PTI, PML-N, JUI, and JI were demanded not only Impeachment but they emphasized on the accountability of Pervez Musharraf, PLM-Q, MQM and PPPP demand with soft heart. The Chairman of the Senate, Farooq Hussain Naik (1950-b), took acting charge and mean while new election schedule for President of the Pakistan was announced on September 6, by CEP. The masses was wondered how a powerful person went smoothly. Political parties welcomed this act and declared the democracy will be strengthened. India and America reacted on that it is internal issue of Pakistan, Saudi Arabian said, Musharraf should compromise with new conditions, Britain said, we work with new Govt. PML- N was quite happy, on its policy statement said; after the defeat of PML-Q on February Elections, President should automatically resigned. Chairman PPPP, Bilawal Bhutto Zardari (1989-b) said, it is the victory of democracy, now the empty post (President of Pakistan) is right of the PPPP. In Pakistan, the movement of impeachment never process in political history but it was first time in politics a dictator was kicked out with the strength of the political parties.

The last few months and dates were amazing for Musharraf , on November 28, he put off uniform, on February 18, General Elections held, on May 28 special guards were replaced by Brigade 111, and on August 18, Musharraf resigned. It was too much difficult to rule over the Pakistan without any specific power. A long period of Musharraf comes to an end on August 18, 2008. Speaker of the National Assembly,

74 Farzana Sheikh, Luck Running Out, Royal Institute of International Affairs, The World Today, Vol. 63, No. 12 ,Dec., 2007, p. 3

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Fehmida Mirza accepted his resignation. Musharraf was presented a farewell Guard of Honor at President House. He also met with Chief Justice of Pakistan, Abdul Hameed Dogar and Attorney General, Malik Abdul Qayyum. Public wanted to be openly trial in a court of law.

Musharraf dismissed the allegations and said he was neither afraid of the charges against him, nor shy to face these through impeachment. Musharraf said for me it is always Pakistan first. Musharraf said the politics of confrontation must come to an end, instead a policy of reconciliation be pursued. It was not a time to show bravado, but to get serious as country’s dignity was at stake, the office of Presidency would bear the brunt. I have safeguarded the country and continue to do so.75 He said he took all decisions with consultation, all stake holders, whether they were Soldiers, Politicians, Bureaucrats, members of civil society, and Ulema were consulted in all decisions. He took credit to held elections twice. He proudly said The Senate, National Assembly and Local Government, all completed their terms that is the real essence of democracy. Unfortunately, all my appeals towards reconciliation and to address the complicated issues fell on deaf ears. All my efforts unfortunately failed, Musharraf said, certain vested interests began an atmosphere of confrontation; they blamed me of hatching conspiracies from Aiwan-e-Sadr, he refuted. He said free, fair, transparent Elections were held on February 18, and participation of all political parties was ensured. Had it been a conspiracy, we would not have done it, Musharraf said, in the presence of a healthy Opposition the budget passed without a hitch, he publicly announced support to the government and offered to share all experience with them to help address complicated issues it was confronting. The incumbent coalition government considered him as a problem and not a solution. He recalled, I have fought two Wars for Pakistan and still have the same spirit for my country. I took power of the country when it was at the brink of being declared a failed State.

75 Gareth Price, Anyone for a Deal, The World Today, Vol. 64, No. 1, Royal Institution of International Affairs, January 2008, pp.2-3

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Chapter 6 Response on General Zia-ul-Haq Era

During the Pakistan Movement, Islam was a greatest factor and slogan for a separate homeland for the Muslims of the subcontinent, but after the establishment of Pakistan, the implementation of Islamic system claimed very frequently. General Zia-ul-Haq personal life belonging to a religious family and proud to be Muslim and Pakistani and him undoubtedly played a major role in the Islamic mood of the nation. According to K.M. Arif, from the beginning and in cadet collage Zia-ul-Haq was religious inclination. It was not a new attachment to religion; this began even before his inclusion in the army. As a young officer when he sees movies, enjoyed music and film songs, and used to perform five time prayers. However, in the zone of acquaintances he was a learned alias.1 The Religious Parties of Pakistan were major source to brought General Zia-ul-Haq in power 1977; Pakistan National Alliance (PNA) was more active in the movement against Zulfiqar Ali Bhutto, to implement the Islamic Laws. General Zia-ul-Haq took the advantage of religious parties; he supported the opposition because these parties were the needs of General Zia-ul-Haq to implement Islamic system in the country in future. Zia-ul-Haq also cashes the slogan of PNA Movement for Tehreek-e-Nifaz-Mustafa2. After postponing the General Electionss, he emphasized to implement the Islamic System, in the various speeches. He declared that the Government would fulfill its responsibility to implement the Islamic system. Zia wanted to the political system should be Islamized before transferred of power he also wanted to be suitable amendments in Constitution of 1973. Everyone knows Zia was not favorably inclined towards the western Parliamentary democracy. The top priority of Zia was to launch the Islamic System in Pakistan. For this purpose, he took some step towards Islamization. The new Hijri Year 1399, (the first day of Muharram) started on December 2, 1978, declared as the

1 Arif, K.M., Working With Zia, Rawalpindi, 1993, p. 14 2 The implementation of Islam was its primary election slogan. They promised to enforce Islamic laws “Nizam-e-Mustafa” and the Shariah Laws the PNA’s parties were a conglomerate of diverse views and of contradictory causes and united by common dislike of PPP’s autocratic policies. Contesting the 1977 elections jointly the PNA launched a national campaign against the government after the controversial and allegedly rigged results showing the PPP as an overwhelming victory in the General Elections. The agitation caught the PPP and its political scientists, by surprise and after several months of street fighting and demonstrations. Bhutto opened negotiations with the PNA leadership whether or not it had signed by all PNA parties or by Bhutto remains open for speculation. The alliance seemed to be effective when tapping a wave to remove Bhutto from government. 198

Foundation of the Islamic system. Similarly, at so many occasions he stressed on the importance of Islamic System in Pakistan, in this regard he had taken some measures for the enforcement of Islamic System. He restructured the Council of Islamic Ideology on May 1979, increased the powers of the Federal Shariat Court, Zakat Ordinance was implemented in June 1979, and Islamic Scholars Convention held in August1979. He also implemented the Arabic Penal Coded 3.Due to these measures, he tried to attract some religious personalities and Zia-ul-Haq succeeded in catching the good image in religious circles. Although, he was already facing criticism from the Pakistan People’s Party (PPP), but the Pakistan National Alliance (PNA) welcomed the Islamic policies of Zia-ul-Haq. Tehreek-e-Istiqlal was first invited openly to impose Martial Law, but soon he realized that General Zia-ul-Haq not in mood to restore the democracy and hold fresh elections in the country. Although, he promised to hold elections within ninety days but there was no possibility seen for new General Elections, consequently political parties started protest. Despite the implementation of Martial Law, politicians were allowed to participate in political activities to an extent. As freedom and liberty has given by Zia-ul-Haq and the politicians like Asghar Khan, Sher Baaz Mazaari, Mufti Mahmud and Allama Shah Ahmed Noorani openly criticizing Zia-ul-Haq. On Military Parade Day, he again promised to organize the elections under the supervision of the judiciary and the military on November 17, 1979, and the elections were not delayed to long for no good reason .On August 30, Zia said that the Local Bodies Elections would held in the month of September on Non-Party basis. In addition, the restrictions of the registration of political parties and election funds annual audit were imposed by Zia-ul-Haq. On September 25, 1979, Local Bodies Elections was held according to Zia’s promise. The Pakistan People’s Party and PNA refused to register their parties according to the amended Political Parties Act4. On October 2, 1979, the PNA and the PPP candidate’s nomination papers were rejected because these parties were not got registration accordingly. Although, Tehreek-e- Istiqlal, Jamat-e-Islami, and other small religious parties, after registration have

3Jamal Shah, Zia-Ul-Haq and the Proliferation of Religion in Pakistan, International Journal of Business and Social Science Vol. 3 No. 21; November 2012, p. 3 *Hudood Ordinance1980, According to the Islamic Law punishment has enforced in Pakistan. 4 Political Parties Act was introduced in Pakistan 1962; later on General Zia-ul-Haq amend the Act on 1979 and political Parties Registration Act introduced. After the 8th Amendment it was again modify in1985 by Prime Minister M. Khan Junejo. Political Parties Act was again revived by General Pervez Musharraf by Executive Order on 2002. 199 allowed, one month before, to context the elections. General Zia ul-Haq on 15th, October, declared to postpone the elections for indefinite period. At the same time, all the political parties were banned, political activities were prohibited and censorship was imposed on the newspapers. Zia-ul-Haq elected himself the President of Pakistan because of referendum on December 19, 1984, for next five years. In December 1984, Zia said that General Elections would be held on February 25 and 28, 1985, for the National and Provincial Assemblies respectively, on Non-Party basis. MRD leadership boycotts the Non-Party elections schedule announced by the Election Commission of Pakistan on January 19, 1985. Non Party Elections were a new style of politics in country, which was based on cast and braderi system. It was proved to be fatal for further democracy, because public divert from the ideology casted their votes to their braderi fellow. The most controversial eleven years dictatorial period of General Zia-ul-Haq ended on August 17, 1988, due to the crush of PAF C-130 Aircraft. General Zia-ul-Haq’s era was very much important in the history because the people watched a new kind of politics in the country, which was based upon Islamic Shariah. As Zia-ul-Haq was religious mind set, so he introduced the Islamic political doctrine according to his ideology. He designed his political system on the face of Islamic mockery. He enjoyed the longest Martial Law having apex authority being COAS and as well as the President of Pakistan. The political parties and the political workers remember it as the black phase for democracy in Pakistan, because the Constitution of Pakistan was suspended, Press and the Publications were severely banned, so many newspapers were cancelled by the Deputy Commissioners and Journalists were sentenced to jail and awarded lashes and other penalties. Due to the amended Political Parties Act, all the political activities were suspended and active workers were caught by the police and produced before the military courts. They were met heavy punishments by these Courts. Moreover, the most committed workers of the political parties were sent to Lahore Fort (Shahi Qilla) for mental and physical torture. Zia was feeling alone at international level but after Iranian Revolution1979, and the USSR aggression on Afghanistan in 1979, he had become the dire need of the western countries and emerged as most important Non-Allied NATO member. At domestic level Zia-ul-Haq introduced the Islamic policies, because the role model of Islamic system was inspired by Saudi Arabia; Zia implemented and enforced the Islamic Laws in Pakistan, which were highly criticized by different Islamic school of thought 200 in Pakistan. Zia-ul-Haq established the political system according to his own choice; first he started the destruction of political parties and personalities. Secondly, he started accountability by military courts, and politically victimized. He advert the Islamic oriented government; in addition, he arranged a team of Pro-Islamic trends and awarded them key positions in the government affairs. The Municipal, Provincial and National Assembly members were chosen on behalf of religious trends with the help of this team. During his era the political activities and freedom of expression was also banned. Apparently, Islamization was promoted too much and he developed the political system in country, which may be glorious to him but it was proved the house of cards after his death. If we look the political history of Pakistan; we will comes to know that the dictators have launched so many programmes for the revival of democracy; which were called as Basic Democracy or Controlled Islamic Democracy etc. Such democracy was the illegitimate child of Martial Law, which roots up and flourish under the shadow of dictatorship, this kind of system automatically die in democratic era, politically and constitutionally. Sir Winston Churchill (1874-1965), once said, “Cure of bad Democracy is more Democracy”5 if government and all the pillars of democracy were not performing well and not delivering the prosperity to the public. It means there is some deficiency in democracy, and we should try to spread out the democracy at grass root level to receive its fruit. 6.1 Reaction of the Political Parties and Politicians

6.1.1 Pakistan People Party Since its formation 1967, the PPP has been voted to power on five separate occasions (1970, 1977, 1988, 1993, 2008). Once regarded as the most influential political party in the country, it also worked as the largest opposition party in the National Assembly. Most of the political parties express grief and sorrows but some others expressed their catharsis on the death of Zia-ul-Haq. Mrs. Nusrat Bhutto (1932-2010), becomes the Chairperson of PPP after the demise of Mr. Bhutto, she handle the party affair pretty well. She said, “Zia era was the period of obscurity as a whole,”6 she

5Churchill, Sir Winston, Memories of the World War II: Houghton Mifflin, England, 1959, p.92. Many forms of Government have been tried, and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of government except all those other forms that have been tried from time to time. 6 Khan, Ahsan Ullah, “Political & Constitutional Crisis in Pakistan 1988-99” The Islamia University of Bahawalpur, 2010, p. 45

201 said, it is unfortunate that a great man of Pakistan Mr. Bhutto was executed, who had done extremely important jobs for country. She said Bhutto’s termination was planned by General Zia-ul-Haq. The Religious Parties took the money in the name of the “Tehreek-e-Nifaz-e-Mustafa” from the US and changed the public opinion against their beloved leader. In this political game PNA vs. Bhutto, Zia-ul-Haq took the advantage. She asked does the PNA achieve its demands. On July 5th, General Zia- ul-Haq said, he has no political ambitions and the Army would hold elections within 90 days and would go back to their barks, but they decided to participate in the political arena. On the name of accountability, the elections were made a stupid drama and fake murder case of Ahmad Raza Kasuri on Z.A. Bhutto and death penalty was awarded. Nusrat Bhutto said, Zia-ul-Haq give lowly pop to public in the shape of Local Bodies Elections 1979 & 83 but his intentions were selfish. The Revolution of Iran,7 and “Afghan War”8 has provided political significance to Zia-ul-Haq as a great benefit. She criticized degrading behavior against judiciary as Zia-ul-Haq has issued the PCO to sabotage the Law Courts.9 He ruled over the country for four years without the participation of public, suspended the Constitution of 1973, and runs the affairs of the state according to his interest. Zia-ul-Haq wanted to be in power for a long period having his long-term political plans. In addition, she said, Zia-ul-Haq for to break down the political power of PPP has patronized the Jamat-e-Islami as B team, because in the National Assembly there were the representatives, who were supported by the Jamat-e-Islami. In addition, in Jihad against the Russians, US have provided money to Jamat-e-Islami to demoralize the PPP. Zia-ul-Haq provided identity to Urdu speaking community by establishing MQM in Karachi. He did so

7 The Iranian Revolution also known as the Islamic Revolution 1979; Demonstrations against the Shah commenced in October 1977, developing into a campaign of civil resistance that included both secular and religious elements and which intensified in January 1978. Between August and December 1978 strikes and demonstrations paralyzed the country. The Shah left Iran for exile on January 16, 1979, as the last Persian monarch, leaving his duties to a regency council and an opposition based prime minister. Ayatollah Khomeini was invited back to Iran by the government, and returned to Tehran to a greeting by several million Iranians. The royal reign collapsed shortly after on February 11 when guerrillas and rebel troops overwhelmed troops loyal to the Shah in armed street fighting, bringing Khomeini to official power. Iran voted by national referendum to become an Islamic Republic on April 1, 1979, and to approve a new theocratic republican constitution whereby Khomeini became Supreme Leader of the country in December 1979. 8The Soviet Afghan War lasted over nine years from December 1979 to February 1989. Insurgent groups Mujahedeen, who received aid from several Western countries and several Muslim countries, fought against the Soviet Army and allied Afghan Army. Between 850,000-1.5 million civilians were killed and millions of Afghans fled the country as refugees, mostly to Pakistan and Iran. 9 Muhammad Wasim, Pakistan Under Martial Law 1977-85, Lahore,1990, p. 114

202 only to defuse the importance of Bhutto’s impact in Sind; the primary purpose of this party was to eliminate the impact of Bhutto’s ideology. In spite of all these efforts, Zia-ul-Haq did not succeed to introduce this political party all over the Sind and it was just limited only to Karachi and Hyderabad. However, General Zia with the help of GHQ sows the seed of fundamentalism in country.10 Nusrat Bhutto said, PNA Movement became a gambling affair, and for an extended period, a fog remained in country about General Zia-ul-Haq Islamic policy. After the Religious Revolution in Iran, a wave of religious feelings arose in Pakistan, which established the environment of threat against Sunni organizations and became the fuel for Afghanistan Jihad with the passage of time, and these organizations are still with in Pakistan with extremist agenda. When the political situation in the country was salubrious, Nusrat Bhutto was not in favour of such a condition. She criticized that without the Constitution, Political System and Assemblies, General Zia elected himself the President of Pakistan for next five years. In fact, General Zia-ul-Haq was power hungry, so he tried to empower himself with the help of unconstitutional ways. She strongly pointed out that the Local Bodies Elections and Referendum were launched by the government agencies. Non-Party Elections were the need of General Zia, as he knew very well that the political affiliation would favor the PPP. Mrs. Bhutto said the selection of Junejo as Prime Minister, was completely match less as compared to Z. A. Bhutto.11 Actually, General Zia-ul-Haq was looking an average class politician, which would be fitted in his political system, so he selected Mr. Junejo. According to Mrs. Bhutto, he was a district level politician. In fact, General Zia-ul-Haq was wanted such a politician who belongs to Sind. Junejo have not any political ambitions, but it was the failure of GHQ, which could not survive with such a throw gentle fellow. On the dismissal of Junejo, Mrs. Nusrat Bhutto bitterly criticized the politically and Constitutional Amendments by Zia-ul-Haq. She said that Zia proved him fatal for the politics. The Constitution of 1973 had the Parliamentary characteristic, now it has completely changed in to Presidential System of 1985. This kind of Constitution was not publicly recommended. The Parliament has approved the 8th Amendment under immense pressure because it was against the spirit of democracy. It seemed that the soul of Zia-ul-Haq had become the part of the Constitution of Pakistan. Nusrat Bhutto

10 The Daily Jung, Lahore, May 24, 1987 11 Omer Noman, Pakistan and General Zia: Era and Legacy, Third World Quarterly, Vol. 11, No.1, Taylor & Francis, Ltd, January 1989, p. 27 203 said the exercise of Article 58-2b against such a cool person like Junejo was not suitable to Zia-ul-Haq than who would be acceptable for him. She said the last eleven years were based on a complete dictatorship in country. His efforts were never good for the development of the political system in Pakistan. It seemed that General Zia was painting rainbow colors and giving impressions that all is well to flourish the democracy. Moreover, she said, the death sentences to the political workers were award by the military courts on ideological differences and the lacks of political intolerance were against the spirit of the democracy. After the bitter experience of 1971, Z.A. Bhutto breeds the plant of democracy but the Martial Law did not allow it to grow. Overall, Zia-ul-Haq period was neither a political nor paramilitary; it was extremist Islamic era of dictatorship. The elected parliament adopted the 8th Amendment, and some of the parties involved in MRD also supported the newly established government. Benazir Bhutto (1953-2007) expressed her concern and said that after the Elections of 1985, the Constitution of 1973 was not restored. It changes completely non-democratic, non-compliance and the country’s political stability, cohesion and unity, hard to his ulterior motive is harmful authoritarian government is to secure and manage.12 She added that the 8th Amendment would be a threat for democratic institutions. According to her 8th Amendment of the Constitution, is like a black stain. It verified the Martial Law under the umbrella of the Parliament. 6.1.2 Tehreek-e-Istiqlal (TI) Air Marshal (R) Muhammad Asghar Khan (1921-b) is well known political figure in the politics of Pakistan. He was the hero of the War of 1965, and retired as Air Chief Marshal and joined politics in 1968, in Ayub Khan’s Era. He took active part against General Ayub Khan. He founded a new political party, “Justice Party” on March 13, 1969, by end of the year this political party was merged into Pakistan Democratic Party (PDP). Noor-ul-Amin was elected as president, and Sheikh Naseem Hassan elected as Secretary General of the party and no office was given to Asghar Khan, so he was too much disappointed that left the politics on December 2, 1969. After the issue of LFO by Yahya Khan, and before the Elections of 1970, he again founded a new political party named “Tehreek-e-Istiqlal”13.When Z.A. Bhutto was in jail;

12Bhutto Benazir, ‘Reconciliation: Islam, Democracy, London, Simon & Schuster, 2008, p. 76 13Tehreek-e-Istiqlal Pakistan was a political party in Pakistan. It was formed by Air Marshal (R) Asghar Khan in 1970. Asghar Khan has retired from the post of President of the party and the party 204

Asghar Khan was the substitute leader of opposition parties. He was popular as well as Bhutto, but in General Election of 1970, he was defeated badly by PPP candidate Meer Khurshid Hasan from Rawalpindi. After the Dhaka Fall, when Transferred of Powers is being hand over to Mr. Bhutto; he was bitterly criticized the PPP. Asghar Khan was remains an opposition leader from 1971-77. General Election of 1977, Tehreek-e-Istiqlal was the part of PNA. Asghar Khan took an active part in politics. It was Asghar Khan, who had wrote a letter to COAS on April 25, 1977, and stressed that the political situation in the country is worse. The politicians were trying to throw more burdens on the armed forces; they came forward and captured the power. In fact, it was an open invitation to Armed Forces; they come forward and overthrow the Bhutto’s Government. Experts suggested that this letter might be the basis for General Zia-ul-Haq to impalement the Martial Law.14 Anyhow, it was criticized by the democratic personalities that if such a practice would be adopted than in future many of the groups may be expected to throw the legal governments. In this regards Zia’s Martial Law severally disappointed the politicians like Asghar Khan. In 1977, he wrote second letter to General Zia-ul-Haq and demanded for strict accountability of the Bhutto’s regime. If you cannot do it, then allow me and handover Z.A. Bhutto to me I will hang him on the Attock Bridge.15 Zia-ul-Haq invited Asghar Khan to join the interim government but he refused to do so. He often criticized on Zia-ul-Haq for his policies and as a result faced the house arrest for five year, he joined MRD and continued his criticism against Zia-ul-Haq’s policies like PCO1981, Local Bodies Elections, Presidential Referendum and boycotted the Non-Party Elections of 1985. Asghar Khan left MRD on 1986 due to some of the political differences with MRD leaders. The differences between General Zia-ul-Haq and Asghar Khan started on the issue of Caretaker Prime Minister. Asghar Khan wanted to be a Caretaker Prime Minister but General Zia-ul-Haq did not appointed any on to be as Prime Minister. The second cause of difference was that Zia-ul-Haq has given more than share to the religious political parties such as Jamat-e-Islami and Jamiat-e-Ulema-e-Islam, in the cabinet and Majlis-e-Shoora as compared to Tehreek-e-Istiqlal. While the Tehreek-e-

was headed by Asif Fasifuddin Vardag, former Member of the Senate. Tehreek-e-Istiqlal announced merging with the Pakistan Tehreek-e-Insaf in January 2012. Tehreek-e-Istiqlal Pakistan was in position to grab the power through winning the elections announced by General Zia and a large number of big political figures of current politics were active members of Tehreek-e-Istiqlal. 14 Asghar Khan, Sada-e-Hosh, Lahore, 1987, pp.29-33 15 The Daily Muslim, Lahore, September 22, 1977 205

Istiqlal got very few positions in the above mentioned institutions.16 Asghar Khan said, Zia ul-Haq’s regime was a joke with the masses, we already knows that his intentions were not good. He said Zia-ul-Haq made a great feat in the art of Islam and like to promote his own power.17 The political activities inside the country were seemed to be artificial, very few facilities have been given to the political parties, while majority of the political parties were black mailed on the name of accountability. He said that General Zia has made many political changes for to strengthen his rule, and not for the public interest. We see that from the presidential referendum, local bodies’ elections, and general elections and till the 8th Amendment, General Zia has taken measures to strengthen his position, and did nothing to stable the political system of Pakistan. He counted his rule to be the era of black period in the history of Pakistan. It is interesting to note that this party was most popular from 1970-77. Today’s the most of the important politicians of past were the part of Tehreek-e-Istiqlal, included Mian Nawaz Sharif, Mian Mehmud Kasuri, Mian Manzoor Watto, Aitzaz Ahsan, Nawab Akbar Bhugti, Ahmad Raza khan Kasuri, Munior Ahmad and so many others. They started their politics on the plate form of the Tehreek-e-Istiqlal but due to the domination on the party most of big guns left him. Asghar Khan said, Zia-ul-Haq’s Amendments are harmful for the country, Pakistan again faced a constitutional dilemma as the Martial Law regime was attempted to change the entire face of the Constitution of the1973. That is the only document in the history of Pakistan supported by unanimity and consensus of the representatives of the people, elected with an express mandate for the purpose. The credentials of the present National Assembly, which had given its approval to the amending Bill, he said, were doubtful as the members elected on non-political and non-party basis has no mandated from the people to effect any change in the Constitution. Asghar Khan said that now it needs to cancel all amendments made by Zia.18 Asghar Khan said no country could acquire stability without a constitution reflecting the aspirations of its people. In Pakistan, he said the military has never allowed a constitution to work and repeatedly imposed its own will on the people. The greatest blow delivered to the nation by this regime he said was the abrogation of the Constitution of 1973. Further, he added that the biggest problem facing the MRD was the retention of the

16The Daily Jang, Lahore, Sunday Magazine, January 9-15, 1986 17 Khan, Asghar, We have learnt nothing from History , Karachi, 1987, pp.119-123 18 Khan, Asghar, Generals in Politics: Pakistan 1958-1982, New Delhi, 1983,pp. 66-70

206

Constitution of 1973, as there were elements in the Alliance that held the constitution to be the dead. According to him, the Constitution of 1973 was not an ideal document but provided a basis for national unity. If this basis is demolished the country would have to suffer irreparable loss. TIP Chief said we do not recognize the constitutional character of the present assemblies as, barring a few cases; the Houses were infested with the same turncoats that had been seen with all rulers in the past. However, the people of Pakistan were more enlightened, about the developments in their country and were conscious of being subjected to undemocratic methods. This he said had also generated some pressure inside the national assembly. Asghar Khan said that he situation with which we are faced in Pakistan is a classical one in which one person with control the Armed Forces has thought it fit to perpetuate himself in authority. The important thing to determine now is whether he has mandate to stay in power and whether his continuances was in interest of the Pakistan. He said my heart bleed when I saw that the country had suffered the grievously in the hands of Generals, they maintained the legal status and rule over Pakistan. 6.1.3 Jamiat-e-Ulema-e-Pakistan (JUP) Jamiat-e-Ulema-e-Pakistan is a religious political party of Pakistan usually seen as being political vehicle for the religious Barelvi strain of Sunni Islam. JUP was founded on 1948, by the Allama Mohammad Abdul Ghafoor Hazarvi. He headed the party till 1970, and was succeeded by Khawaja Qamar ul Din Sialvi, Syed Faiz-ul Hassan Shah, Allama Shah Ahmad Noorani (1926 -2003), During the 1980s, the JUP opposed Zia-ul-Haq because of his espousal of Wahhabi Islam. It also did not support the anti Soviet Jihad in Afghanistan. By the end of 1990, it had split up into groups and lost much of its political relevance. Its two main groups are the JUP-Noorani (Maulana Ahmed Shah Noorani) and the Fazal Karim group, named after the founder and current leader. Noorani died in 2003, which left a leadership vacuum in his party. Maulana Shah Ahmad Noorani was very respectable name in politic of Pakistan. He took part in politics in Elections of 1970, and the JUP was wins just seven seats all over the Pakistan and Noorani was elected MNA from Karachi city. He was known as a religious scholar, but due their typical speeches and command of different language, he was familiar at national and international level. In Election of 1977, JUP was also the part of PNA, and take part in election and win the seat from Hyderabad and Karachi. PNA was the first of its kind political alliance in Pakistan, JUP was

207 welcomed the General Zia-ul-Haq, but soon they was realized the original face of the Zia. Gradually, JUP come to distance with Zia-ul-Haq because, the fresh election in 90 days was intense demand of the political parties. Zia-ul-Haq was too much kind on Sher Baaz Mazaari, Mufti Mehmud, Maudoodi, Maulana Noorani, and Asghar Khan; they were obliged at GHQ and they planned for the future politics. In regarding the issue of fresh election, Noorani said, after passed many years, Zia-ul-Haq has lost his trust.19 He was promised for General Elections before the nation, and now only on Local Bodies Elections is being held. When General Zia-ul-Haq came to power, the entire nation provided the strength to his back. We were only welcomed Zia-ul-Haq to end Bhutto Government, but now General Zia-ul-Haq is working on his own agenda. We were in the political sphere of the Government, immediately came out of the government camp. In addition, he said, Zia-ul-Haq abused the power of Islam as a shield. Lt. General Faiz Ali Chishty who was in charge of the Operation, “Fair Play” by X- Crops, but soon he realized the motives of General Zia-ul-Haq. Faiz Chishty also criticized the Bhutto Government that it was bugs. He also pointed out that in Core Commander Meeting it was decided to remove the Z.A.Bhutto Government.20 He said in all the drama Zia-ul-Haq takes the benefit. General K.M. Arif disclosed the reality about Lt. General Chishty, he wishes to be promoted as Vice Chief of Army staff but Zia not do it.21 He was retired and Zia-ul-Haq appointed him as Governor of Punjab. F.A Chishty has grievances about Zia-ul-Haq. In early years, he was very quiet; later on, he started criticism on Zia’s era. He said eleven year of Zia was unconstitutional, but it was need of at that time. American policy makers used General Zia-ul-Haq for their purposes. Pakistan had become a key friend of America in the Decade of 1980. The United States has ignored Human Rights, Nuclear Proliferation and the Martial Law Orders, Referendum and General Elections for the sake of their cause in Pakistan. Thus, CIA reshaped the “Afghanistan Jihad” slogan, Zia-ul-Haq emerged as a leader of Islamic world. General Zia-ul-Haq was favorable to the interests of the US. In Zia-ul-Haq era, America has taken much interfered in internal and external politics of Pakistan; United States also finished the detention of Benazir Bhutto and turned him into exile

19Dr. Mazhar Hussain, Religio-Political Discourse and Jam’iyyat Ulema-e-Pakistan (JUP) a Careful Study of Different Narratives (1970-2003). International Journal of Social Science Studies Vol. 4, No. 6; June 2016 ISSN 2324-8033 E-ISSN 2324-8041, Page No. 24-36 20 Chishty, Faiz Ali, Bhutto, Zia Aur Mai, Lahore, 1991, p. 129 21 K.M. Arif, Khaki Shadow, p. 347 208 on 1984. The referendum, for it was in fact his trick power assemblies, in all cases, wanted to set up, so they have had to take powers through constitutional amendments aimed at preserving power was anyway.22 Jamiat -Ulema-e- Islam Chief Maulana Shah Ahmad Noorani said, the 8th Amendment cannot be defended in any democratic system.23 The Amendment has disrupted the Parliamentary System but the President and the Prime Minister’s power must be balanced because in future there would be no political crisis again in the country. 6.1.4 Pakistan Democratic Party (PDP) Pakistan Democratic Party (PDP) was founded in 1969, by merged of four political parties, Nizam-e-Islam Party, Awami League, Justice Party, and National Democratic Front. Noor-ul-Amin and Sheikh Naseem Hasan were elected President and Secretary General as well as. Nawabzada Nasrullah Khan (1916-2003), Noor-ul-Amin (1893- 1974), Asghar Khan (1921-b), and Chudhary Muhammad Ali (1905-1980) were major personalities. Nawabzada Nasrullah Khan was very respectful name in politics; he passed over fifty years in politics. He performed a vital role in Pakistan Movement and later politics. He started the politics in the elections of 1946, on the plate form of the Majlis-e-Ahrar24 but loose his seat. He took part in Provincial elections in 1951, on the plate form of the Pakistan Muslim League and wins the seat. Later he joins Republican Party and Awami League. In Ayub Khan Era, he took part in elections of 1962, and elected MNA and captured the opposition benches. It is significant that he deals with all military dictators like Ayub Khan, Yahya Khan, Zia-ul-Haq and Pervez Musharraf. He had been a front line companion of Miss Fatima Jinnah against the Ayub Khan Presidential election 1965. He also framed an Alliance, Combined Opposition Parties, “COP”. He also condemned the second Martial Law in Pakistan by Yahiya Khan and criticized the LFO. In Election 1970, he was defeated but in Election 1977, he was elected MNA. Nawabzada Nasrullah Khan was the major leader of PNA against Z.A. Bhutto Government. He was the key member of PNA

22 Javed, Saddique, Noorani Siasat, Shabeel publishers, Karachi, 1990, p.140 23 Ibid., p.170 24 Majlis-e Ahrar-e Islam also known in short as Ahrar was a radical conservative Sunni Muslim Deobandi political party in the Indian subcontinent during the British Raj (prior to the Partition of India founded December 29, 1929 at Lahore. Chudhary Afzal Haq, Syed Ata Ullah Shah Bokhari Habib-ur- Rehman Ludhianvi Mazhar Ali Azhar, Zafar Ali Khan and Dawood Ghaznavi were the founder's of the party. The Ahrar was composed of Indian Muslims disillusioned by the Khilafat Movement which cleaved closer to the Congress Party The party was associated with opposition to Muhammad Ali Jinnah and establishment of an independent Pakistan as well as persecution of the Ahmediyya Movement in Islam.

209 dialogue team. He watch very closely all the events of PNA Movement. After imposing Martial Law in Pakistan by General Zia-ul-Haq, in this scenario again, the democratic forces started the straggle against the dictatorship in shape of MRD. Nawabzada Nasrullah Khan established a new political alliance with help of nine political parties of the Pakistan on January 6, 1981.25 Which was named Movement for Restoration of Democracy, MRD? The main objectives of the Alliance were to restore the Constitution of Pakistan, ends of the military courts and lifted the ban on political parties. Nawabzada Nasrullah Khan was highly critic on General Zia, and most of the time he offended on the policies of the Government. He the boycott of Elections1985, but later he realized that to leaving open field damage the MRD. He said that Zia ul-Haq’s whole political system was a fraud because Constitution of Pakistan was suspended, and in the absences of the constitution, Local Bodies Elections 1979-83, Referendum 1984, Non-Party Elections 1985, and the 8th Amendment was absolutely unconstitutional. The features of the 8th Amendment in the Constitution was fully converted in to the Presidential system, instead to restore the Parliamentary System. General Zia-ul-Haq was fine tuning their own legal power invalid because Articles 270AA.26 He explained that the July 5, 1977, to March 10, 1985, had given legal protection to all Martial Law Orders. That is wrong. Zia-ul- Haq was power hunger and he protects the interests of United States. It was our stance, after the 8th Constitutional Amendment a new constitution had imposed in the country. In terms of the Federal Parliamentary, appropriation is not practice. He disclosed the personal thought of Zia-ul-Haq was always in favor of Presidential System.27 On many occasions he has expressed, if there would be balance of power between the President and the Prime Minister, then options of Martial Law never faced the nation and constitution automatically find its way. However, as far as the democratic and constitutional history of Pakistan is concerned, instead of a Presidential System, Parliamentary System is more suitable for the country. Zia-ul- Haq was announced that these elections would be held on basis of the Non-Party. “This transition would be power share not to be transfer of power”.28 Zia-ul-Haq was

25 Syed Muhammad Ali, Politics of Alliance a Case Study of MRD (1981), (MSC Pakistan Studies, Islamabad, Allama Iqbal Open University of Islamabad, 1997, p. 14 26 Dr. Aamir Ali, Non-Party based General Election of 1985: Causes and Effects, International Conference on Social Science and Humanity, Singapore, IPEDR Vol. 5, 2011, p.3 27 Bhalli, Muhammad Asif, Jamhoriat say Mulaqat, Lahore,1986, p.132 28 Kashmiri, Khalid, Autobiography of Nawab Zada Nussarullah Khan ,Deeda Beena, Aks Jahan Publichers,Lahore,2000, p. 49 210 said that the source of power for the head of the state is concern for political stability in the country. N.N. Khan was quick responded to Zia-ul-Haq’s opinion; he explained that all the politicians of the country from Quaid-e-Azam to today, whether they belonged to right wing, left wing or centre thinking it is helpful for our country are the most appropriate system of Government and Parliamentary System. In addition, political parties, religious groups the same thinking that instead of the country’s presidential system to the parliamentary system. We had seen the Dictatorship of Ayub Khan and struggle to restore a parliamentary system. N.N. Khan said in the Parliamentary System, we could not imagine that the elections will be on the basis of Non-Parties. Then, if the President of the Pakistan has all the Authority as the Chief Executive, in this case, we cannot say it is Parliamentary system in country. There was no example of the parliamentary system anywhere in the world, now that the Prime Minister has no party in the House. In the presence of this general approach, sentient person cannot be in an abstract that just announced removal of Martial Law has been restored democracy. He was used to say that it would take some time to understand the hypocrisy canceled in the smile of General Zia-ul-Haq. He challenged the every dictator. N.N. Khan said the 8th Amendment is a hanging sword which has given to the President enormous powers, so we cannot support in any way.29 Nasrullah Khan said, present National Assembly had no right to make any amendments. He said the Constitution of 1956 was a balanced one in respect of distribution of powers between the President and the Prime Minister. ‘It their argument is justified why then could the 1956 Constitution not check the imposition of Martial Law in 1958’.30 Nawabzada Nasrullah said there was balance of powers between the President and Prime Minister in the Constitution of 1973. He said in all Parliamentary System the Prime Minister, works as the Chief Executive, and has always had precedence over the President and the balance always titles in his favor. Giving an example, the Prime Minister of India, Great Britain, Australia, Canada etc. go to the United Nations to address the United Nation; General Assembly session and not their Queens, Governors General and Presidents. However, in our case, President Zia addressed in the UN Assembly. Now whole picture clear and fully exposed by the nature of the amendments, which was introduced in the National Assembly.

29Muhammad Arshad “Nawab Zada Nasrullah; A critical Study ”, Unpublished Thesis, The Islamia University of Bahawalpur, pp.72- 80 30 Ibid., p. 88 211

Replaying a question, he said even if Martial Law is lifted, it will continue in a civilian garb and people will remain deprived of their fundamental human rights. Asked whether the MRD will launch a movement against the rulers, he said ‘the struggle is continuing so the question of launching it does not arise.” The Nawabzada said the present regime had exploited Islam to serve its designs. He said, now all political parties, even those which has supported Marital Law, had admitted that MRD’s stand was just rights and timely and truly. 6.1.5 Jamat-e-Islami (JI) AIML passed the Lahore Resolution on March 23, 1940, and demands for the autonomous states in the Muslim majority areas of India, at that time Maudoodi believed that nationalism is any form was un-Islamic, concerned with mundane interests of people and not Islam. JI is an Islamic political organization and social conservative movement founded on August 26, 1941, at Islamia Park, Lahore. Seventy-five people attended the first meeting and became the founder members of the movement. The JI was split into separate independent organizations in India and Pakistan Jamat-e-Islami Pakistan and Jamat-e-Islami Hind following after the Partition of India in 1947. Jamat-e-Islami is one of the most influential Islamist organizations in Pakistan. General Zia-ul-Haq’s 11year Government of national unity formed Jamat-e-Islami has been controversial enough for the demands and offers event occurred July 5th when the negotiations, then came a mysterious role of Jamat-e- Islami. Maulana Maudoodi and Mian Muhammad Tufail Ahmed and Ameer of the JI has extremely cordial relations with General Zia-ul-Haq and others high officials. General Zia-ul-Haq, Jamat-e-Islami Afghanistan policy everywhere in the political system and General Zia-ul-Haq has been found, we think. It was the only political party Jamat-e-Islami, who has openly supported Zia-ul-Haq and the Afghan War and takes the credit as well. At the ends of Bhutto regime, Zia-ul-Haq was too much kind on JI and Jamat-e-Islami gets maximum benefit in new of political system designed by Zia-ul-Haq, JI took part in Local Bodies Election 1979-83, and Majlis-e-Shoora 1981-83. JI fully supported the Referendum, National Assembly and Provincial Assembly Election 1985, and, also obtained the majority of the seats of Senate. Mostly from JI affiliated personalities were took oath as Federal Minister of Junejo’s Cabinet. JI again supported on the approval of the 8th Amendment. Mian Muhammad Tufail said after the 8th Amendment, now the Constitution of the Pakistan

212 had balanced of power between the two Offices.31 He said now General Zia-ul-Haq is real the representatives of the people, he has chosen by referendum and after the legal procedure the constitutional powers had been transferred to the President, according to the 8th Amendment. Jamat-e-Islami was never directly criticized the General Zia-ul- Haq policies. Naib Ameer of JI, Ch. Rehmat Ali termed on the political programme of Zia-ul-Haq, after 8th Amendment, the Constitution of 1973 become more batter because in previous status there was no balance of power now we had balanced the powers between the President and the Prime Minister. He said country had faces so many crisis but we adopted the constitutional way to get rid of Martial Law, some political parties taunt us as a B team of the General Zia-ul-Haq but actually these parties were also the production of the previous Martial Law, we just bear it. Ch. Rehmet Ali said, does any other solution to restore the democracy in country except the 8th Amendment, some parties are working on hypothesis but the reality is totally different.32 He said to implement the Islamic system in the country was our main object so we worked with General Zia. He said modern and liberal political parties do not want the Islamic system in country so that why criticized us. Ameer of Jamat Islami, Mian Muhammad Tufail explained the policy statement on the role of JI in the 8th Amendment, he said repetition of Martial Law in Pakistan damage the image and political system of Pakistan, in conflict of political parties, always third force takes the advantage so it happen in country repeatedly . Political destruction resulted in shape of Martial Law; the country cannot afford the Martial Law in future, so we adopted the peaceful way and avoid aggressive policy against the Pak-Army, we provide the shoulder to COAS in political system and compelled to eliminate the Martial Law, we become the part of Majlis-e-Shoora, Referendum, Local Bodied and General Election.33 We are political party and we cannot remains open the political arena for others, otherwise non-political would capture the seats. We were not happy but it was dire need of the time, some other parties had boycotted the elections. Our main object in political system of General Zia-ul-Haq, we wants to implement the Islamic System in country, it was also the agenda of General Zia. He was looking sincere person in this regard and Islamization in Pakistan was a step towards in Pakistan.

31 The Daily Masawat, Lahore, April 11, 1985 32Syed, Vali Nasr, Islamic Opposition to the Islamic State: The Jamiat-i-Islami, 1977-88, Journal of Middle East Studies, Vol. 25, No. 2, Cambridge University Press, UK, May 1993, p. 6 33 Ahmad, Professor Ghafoor, General Zia Key Akhri Giarah Saal, Lahore, 1988,p. 241 213

6.1.6 Pakistan Muslim League (PML) On August 14, 1947, India and Pakistan was divided, the fate of AIML was also decided. AIML was the creator of homeland. Even before Pakistan, there were multiple groups in the AIML, like vise Sikander League, Shafi League, League, and Aziz League etc. From 1947-58, it was a harrowing time for the Muslim League. The President took the job but his Muslim League official support grouping could not be finished. As a result of the official Muslim League, Ayub Khan was elected President twice. In Elections of 1970, the Awami League, and its existence not in front of the people's Party, and after the Dhaka Fall, from 1971 to 1985 the Pakistan Muslim League was missing from the political scene.34 After the Polls of 1985, members of the parliament were elected on Non-Party affiliation, General Zia-ul-Haq’s Government once again the patronage and new Pakistan Muslim League was born. As a whole, PML from 1985-88 failed to give a good impression in politics. Haji Saifullah Khan, Leader of the parliamentary group reacted on constitutional issues, it was clear threat if the 8th Amendment was not approved, Martial Law will remains intact, so it was important for us to gave the approval of Indemnity Bill.35 Otherwise, Martial Law was remains enforce. From 1985, General Zia-ul-Haq decided to start the democratic process, which is a severe blow to the political system after his own thinking and foster ocher now has descended on the checkerboard. At that time, Chief Minister of Punjab, Nawaz Sharif said, constitutional amendment is required of the country,36 but he did not openly any statement because he was the Chief Minister of Punjab and had the blessings of President. That such a fundamental change, so can the Constituent Assembly were established with the mandate to regulate it, but this option is not a Non-Party Assembly. Where the majority of politicians in opposition to this amendment include support for this amendment, there are few politicians who presented arguments in favor of the amendment. Mr. Iqbal Ahmed Khan, Federal Minister for Law and Justice; said the 8th Amendment was a major step towards democracy in the Zia era,37 according to him; democracy was a guarantee with the 8th Amendment. Peer Pagaroo

34 Mehmud Safdar, Pakistan Kyon Tota, Jung Publishers, Lahore, 1987, p. 124 35 The Daily Jasarat, Lahore, August 29, 1982 36Abdul Qadir Mushtaq, Movement for Restoration of Democracy (MRD), Article Published from Punjab University, Lahore, January 2015, p. 4 37Afshan Arshad “Pakistan ki Siasat Mai Adaro ka Kirdar 1977-90”, Unpublished Thesis, The Islamia University of Bahawalpur, p. 38 214 said about the constitutional reforms and political set up of General Zia-ul-Haq, he said, the political system of Zia will gone alike Ayub khan, Yahya Khan, and Z.A Bhutto. He said it is manifesto of PML; we will draft the new amendments. He further said every dictator has given new constitution to the country so Zia had also gave us, The Constitution of 1985, which was combination of Islamic Doctrine and for the personal protection of General Zia-ul-Haq.38 Peer Pagaroo was close allied of General Zia but often he criticized on the political system of Zia. The Prime Minister of Pakistan Mr. Junejo was head of PML, deliberately said, after the constitutional amendment we made the parliament more sovereign, ha said there was no way out for lifting the 8 years long Martial Law in country, he endorsed that it was pure black mailing but we have done more than our capacity.39 He said to resorted the democracy was our one of the major issue, in which we were succeeded. We get rid of Martial Law on the coast of 8th Amendment. He said, 8th Amendment was the ransom of Martial Law.40 The President had dominated the political system, but we believed in its survival. Mr. Junejo said it was the first Assembly of the world, who was worked under the Martial Law Order, for the stability of Parliamentary System, the role of political parties, is very necessary in politics. Mr. Junejo said my selection was purely decision of Zia-ul-Haq, after taking oath of Prime Minister, the biggest challenge for me and my cabinet was to eliminate the Martial Law and restore the complete democracy in the country, we worked in pursuer but we do beyond our capacity. He said there are very short traditions of given up the rule. We cannot remove the Martial Law to push back him. It is interested to be note Mr. Junejo Government was the first victim of 8th Amendment, Article 58-2b, the government of Junejo was dissolve by Zia-ul-Haq, so Mr. Junejo and Parliament become the victim who had made arrangement for the 8th Amendment. After the termination of Junejo he said, it was the authority of the President of Pakistan to exercise the authority. We inherited the political system that was designed by General Zia-ul-Haq, so there was very short space to improve the system. Any way we worked in extreme worst conditions. 8th Amendment would damage the politics in future, democratic forces must think about the unlimited power of the President for the betterment of the Pakistan.

38 Azhar Sohail, General Zia key 11 Saal, Lahore, 1988, p.224 39Dr. Aamir Ali, Non-Party based General Election of 1985: Causes and Effects, International Conference on Social Science and Humanity, Singapore, IPEDR Vol. 5, 2011, p. 5 40 The Daily Nation, Lahore, June 2, 1988

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6.1.7 Awami National Party (ANP)

Khan Abdul Wali Khan (1917-2006) had a very respect and regard in NWPF now Khyber Pakhtunkhwa (KPK) among the Pashtu community. Khan Abdul Wali Khan is son of Abdul Ghaffar Khan (1890-1988), who was the allied of Indian Congress; he had straggle against British Rule. Maulana Abdul Hameed Bhashani established the National Awami Party, NAP; on 1957.41 In 1967, the party was divided into two wings. One wing was NWFP Province and second for East Pakistan Province. The NAP was banned twice during its eight-year long existence, the first time under Yahya Khan Government in 1971 and the second time in 1975 by Zulfiqar Ali Bhutto’s Government. Wali Khan was elected as Parliamentary leader of the opposition on 1972, the NAP made several initiatives to broaden its support across the country. It dropped its demand to rename the North West Frontier Province (NWFP) as Pakhtunistan, declared Urdu as the Provincial language of NWFP and Baluchistan and espoused federalism with greater autonomy for the provinces. Senior party leader Ghous Bux Bizenjo advocated that Pakistan consisted of four nationalities and their empowerment equally would prevent the breakup of Pakistan. It was then resurrected under the name National Democratic Party, from which in turn was formed the Awami National Party. The NAP took part in Election of 1970, and 1977, and joined PNA but Mr. Bhutto baned the party. It was reshaped as a new political party, National Democratic Party; (NDP) Sardar Sher Baaz Mazaari was the president of the party because Wali Khan and other party leaders were arrested, soon it was dissolved and emerged as Awami National Party on 1986.42 Wali Khan was seasoned politician and he was major allied of Martial Law Government, he was supporter of Martial Law and always justifies the that General Zia-ul-Haq was accurate and well in time, if the Army was not take over at that time then more deserter occurred in country. First two years Wali Khan was in favor of General Zia but later on Wali Khan faces a great disappointed from Zia-ul-Haq. He was demands for accountability first and then if the election were delayed for few months that is not a big deal. He was the person who gave consultancy to Zia-ul-Haq, if you spear the Z.A.Bhutto, and then you would to have faced the Article 6,43 so it was very necessary to eliminate the Bhutto in

41 Muhammad Ayaz, M. Phil Thesis, Awami National Party: A Political History (1986-1999), Department of History, International Islamic University, Islamabad, September 2011, p. 23 42 Wali Khan, Abdul, Facts are Facts, Publication Cell, Bacha Khan Centre, Peshawar, 2006, p.93 43Munir, Tahir, Wali Khan as a Politician, Culture and Information Department, KPK, 2012, p.87 216 politics. Ajmal Khattak (1925-2010), said we want to eliminate the 8th Amendment because it is not acceptable to us under any circumstances. The Prime Minister’s constitutional powers have been taken away in 8th Amendment.44 We believe in the powers of the President and Prime Minister must be some balance must be established Present form is not acceptable to us in the 8th Amendment. ANP in fact emphasized on the balance of power. 6.1.8 Jamiat-e-Ulema-e- Islam (JUI)

Jamiat Ulema-e-Islam is a Sunni Deoband Islamic political party in Pakistan. JUI was established in 1945 at India. JUI’s first president was Shabbir Ahmad Usmani; he led the party from 1947 to 1949 till death. Jamiat Ulema-e-Islam (JUI), played a key role in the patronage of the Objectives Resolution1949 that laid down the Islamic foundations of future constitutions in Pakistan The JUI became more politically active under Maulana Mufti Mahmud (1919-1980), who assumed its leadership in 1962. Under the Mufti Mehmud during the 1960 the party developed a strong presence and base of support among the intensely conservative countryside of Baluchistan and the Northwestern Frontier Province (now Khyber Pakhtunkhwa (KPK) Mufti Mahmud led the JUI against Ayub Khan’s modernization policies.

JUI was participated in the Elections of 1970 with the conservative Islamist party and as Barelvi Sunni religious. It won seven seats in the National Assembly and nine in the provincial assemblies and became a partner in the NWFP and Baluchistan Provincial Governments. Mufti Mehmud was sworn in as NWFP Chief Minister. The Provincial Government established a board to bring all laws in conformity with Islam. On March 1, 1972, he was elected as the Chief Minister of Khyber-Pakhtunkhwa. He along with his cabinet resigned in protest at the dismissal of the NAP - JUI (F) coalition Government in Baluchistan on February 14, 1973.45 Mufti Mehmud played a vital role in the debate on Tehreek-e-Khatam-e-Nabawat in Pakistan. He led a team of Islamic Scholars, which worked for the declaration of Qadianis (Ahmedis and Lahori Groups) as Non-Muslims in the Special Committee from August to September 1974. He got influence and popularity after this issue. During the 1980, the JUI supported the General Zia-ul-Haq’s policies, including his anti Soviet Jihad in Afghanistan.

44Mustafa, Waqar, Wali Khan: Controversial Figure in Pakistan Politics, Published in The Daily, News, Islamabad, May 7, 1986 45 Fazlur Raman, Islam and the Constitutional Problem of Pakistan, Studia Islamia, No. 32, 1970, p. 5

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Additionally, official patronage and financial support for Madrassa during the Zia years allowed the JUI to established thousands of Madrassa, especially in the NWFP, which were instrumental in the formation of the Taliban. At the same time the JUI was distrustful of Zia’s close ties with the Jamat-e-Islami and joined the anti Zia and PPP led Movement for the Restoration of Democracy (MRD). This dual relationship with Zia’s regime eventually led to a split in the party which came to be divided into the JUI-F, headed by Maulana Fazal-ur-Rahman and the JUI-S headed by Sami-ul- Haq, who supported Zia-ul-Haq and was a member of the Majlis-e-Shoora.

After Polls of 1970, he became the president of Jamiat Ulema-e-Islam founded by Maulana Shabbir Ahmed Usmani and into a coalition with the National Awami Party and PPP. He supported Afghan-Jihad against USSR. He died on October 14, 1980. He was buried in Abdul Khel, Paniala, in his hometown. His son Fazal-ur-Rahman would became a notable in the national politics of Pakistan as well. Fazal-ur-Rahman is the son of Maulana Mufti Mahmud an influential cleric who led the Assembly of Islamic Clergy during the 1970. Fazal-ur-Rahman rose to national politics in 1988, had been elected to member National Assembly on multiple occasions. Fazal-ur-Rahman and his party remained junior coalition partners of the government 1988, 1990,1993,1996,2008, and 2013. Amir of JUI, Darkhawasti Group, Maulana Abdullah Darkhawasti has termed on the era of General Zia-ul-Haq, he said repeatedly imposing the Martial Law in Pakistan had much damage the political system of Pakistan. Pak-Army always propaganda against the politicians and character assassination, in Martial Law era ban on media, destruction of political parties and playing with the constitution is very common practice. Every dictator has lounge his own philosophy, secularism, socialism, western democracy, but instead of these polices inside country political autonomy and provincial prejudice were always remain the major problems of Pakistan and they stand against the Federation of Pakistan. These policies are damaging the ideological foundation of the Pakistan. Maulana bitterly criticized the amendments done by Zia-ul-Haq in the Constitution of Pakistan 1973. He said Zia-ul-Haq has wrong interpreted the Islamic learning in his favor. General Zia used the Islam as tool to secure his seat. He said, Although, General Zia made same practical steps to implement the Islam in Pakistan, but he format the political and constitutional structure was his personal desire to safe his post. He said LGS, PCO, RCO, Referendum, General Election, 8th Amendment and

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Islamic Polices were the need of General Zia-ul-Haq because he used the entire state organ in his personal favor.46 He said; after imposing Martial Law he was valanteerly said that he would promote the neat and clean politics but he back out his promise and becomes the party. He choose the people from Muslim League and Jamiat Islami and gave them key posts, it was not fair policy of General Zia. Maulana Ajmal Khan, strongly condemns the 8th Amendment, he said balance of power goes to in favor of the President.47 So the Parliamentary System had been abolished and Presidential System has been evolved in Pakistan, 8th Amendment should be abolished, but the Islamic provisions should be remained as it is. Strike a balance between the president and the Prime Minister is very important. Maulana Abdul Sattar Niazi said that the 8th Amendment is undemocratic; it was passed by gun point.

He argued that he was surprised that politicians how can support the 8th Amendment.48 Jamiat-e-Islam, Sami-ul-Haq said the Capital Islamabad kept the hanging sword of the 8th Amendment.49 The others religious of Pakistan also expressed their views on 8th Amendment and criticized it. Maulana Azam Tariq said too much power in the post of the President would not be suitable for the political system of Pakistan. They are listed in the 8th Amendment 58-2b, he said, it means that they are not happy with the President of the Assembly to make her leave.50 Allama Sajid Naqvi said dictatorship marked the 8th Amendment, it must be removed.51 Islamic scholar Dr. Israr Ahmed said that in the presences of 8th Amendment, the parliamentary system of democracy deception and fraud.52 Because the President wanted to control entire Parliament. Jamiat-Ulema-Islam Farooq Khan said the 8th Amendment is a curse; it should be canceled as soon as is necessary for stability of Pakistan.53 The Chairman of “National Liberation Front” Pervez Saleh rejected the amendment by General Zia-ul-Haq; he said these amendments are venomous for the

46 The Monthly Anwar-ul-AlQuan, Karachi, November 2002 47 The Daily Mashraq, Lahore, April 14, 1986 48Syed Muhammad Ali, Politics of Alliance a Case Study of MRD (1981), (MSC Pakistan Studies, Islamabad, Allama Iqbal Open University, 1997, p.72 49 Dr. Aamir Ali, Non-Party based General Election of 1985: Causes and Effects, International Conference on Social Science and Humanity, Singapore, IPEDR Vol. 5, 2011, p. 91 50 The Daily Nawa-e-Waqat, Lahore, September 11,1988 51 The Daily Mashraq, Lahore, August 22, 1988 52 The Daily Huriat, Lahore, August 22, 1988 53 Masood Akhtar Zahid, Dictatorship in Pakistan, A Study of the Zia Era, Published Article, Quaid-e- Azam University Islamabad, p.13 219 country.54 He said the objectives of these amendments were to keep longer their kingship; there is no benefit of the country and the public. Mostly the religious political parties were against the political and constitutional package of Zia-ul-Haq. In the light of statements, we had calculated majority of the parties gave negative critics on the political programme of the Zia-ul-Haq. However, some of the political parties and politicians were accompanied and side-by-side with General Zia-ul-Haq. Pakhtunkhwa Milli Awami Party (PKMAP) Mehmud Khan Achakzai said, the 8th Amendment must be eliminated at any costs because he has defaced the Constitution of 1973.55 Moreover, he said, this amendment also imposed a figure, which revoked the constitution and declared Civil Martial Law in the country. We believe that General Zia kills the democracy and if we wanted to flourish the democracy in the country than we should revisit the political system of the Pakistan. In Zia era, the real soul of the Constitution of 1973 had gone.

Secretary General of the JUI, Sahibzada Abdul Bari has strongly criticized on the recent Amendments in the Constitution of 1973; he said after the 8th Amendment it has lost its actual shape after the amendment, it could no longer be called the Constitution of 1973.56 He added that whatever the claim to the contrary, the 8th Amendment has created a serious sort of constitutional crisis in the country and the situation has become more uncertain. Mr. Noorani, Strongly defending the Constitution 1973, he said it was the only constitution which has given Provincial Autonomy. If this constitution disturbed, then there would be no limit to the forces working against Pakistan. These forces, he said had already started to gain momentum and a time might come when patriotic parties would become a majority. Quoting from Muslim history, the Maulana Noorani said it was wrong to assert that Islam needed Martial Law as crutch. It was the other way round where the Martial Law rulers were desperately in need of Islam in order to prolong their illegitimate rule. He said in the transitory period during the rule of Khulafa-e-Rashideen, the generals who had conquered the empires of Rome and Iran did not take over Madina on the pretext of a political vacuum. He said, fitting the constitution into the present situation, through the Amendment Bill would be a dilemma, which would benefit one person but would

54 Ahsan Ullah Khan, “Political & Constitutional Crisis in Pakistan 1988-99” The Islami University of Bahawalpur, P. 56 55 Farooq Qurashi, Pakistan Mein Jamhooriyat ka Zawal, Lahore, 1987, p.83 56 The Daily Jang, Lahore, September 30,1985 220 prove dangerous for the nation. He said it was a tragedy that “we had become an expert nation in making and destroying constitutions”. 57 Maulana Noorani pointed out that the present regime was possibly thinking on the lines of General Franco of Spain, whom in spite of being detested by the masses, ruled his country with an iron grip for forty years. He said, “The farce of last year’s referendum and the elections on a Non-Party basis were only aimed at prolonging Martial Law rule. Maulana said that the constitution of Malaysia was framed by a Pakistani judge twenty years ago, who skillfully maneuvered to absorb the seven king dooms, federation and the Islamic concept in the constitutions. There have been four elections in that country and the constitution was still intact, he said. When asked why the JUP stayed out of MRD, the Maulana said during the MRD movement, the JUP fully supported it when its leaders were behind bars.

The JUP also succeeded in controlling the strong possibility of the eruption of linguistic riots and the confrontation between Punjabis factors, he said was that the masses had started to believe that any such alliance usually resulted in another Martial Law and it were the masses who suffered most. Maulana Noorani concluded that the Constitution of 1973 was made with full consensus and meddling with it might create issue, which could never be handled. Mostly the religious political parties were against the political and constitutional package of Zia-ul-Haq. In the light of statements, we had calculated majority of the parties gave negative critics on the political programme of the Zia-ul-Haq. However, some of the political parties and politicians were accompanied and side-by-side with General Zia-ul-Haq

6.1.9 Mohajir Quami Movement (MQM)

Mohajir Quami Movement (MQM) is one of the most dominant political party in Karachi and Hyderabad. It was founded in 1984 by Altaf Hussain and Azeem Ahmed Tariq. Since the inception, MQM represented only the Mohajir community (Urdu Speaking) but after two decades, the Mohajir Qaumi Movement changed its name to Muttahida Qaumi Movement, thus welcoming all ethnic groups of Pakistan into its folds. The first political organization of Mohajir was called “All Pakistan Mohajir Student Organization (APMSO)” was founded on 11 June 1978 by Altaf Hussain in

57 Farid ud Din, Jadeed Dasateer Aalam, Karachi, 1988, p. 72

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Karachi University. On March 18, 1984, the APMSO evolved into a proper political organization Mohajir Qaumi Movement. It was launched to protect the Mohajir community who perceived themselves as the victims of discrimination and repression by the quota system that gave preference to certain ethnicities for admissions in educational institutions and employment in civil services of Pakistan. The MQM is generally known as a secular political party in mainly representing Urdu speaking, Mohajirs. The MQM is generally known as a party, which holds strong mobilizing potential in Karachi, having traditionally been the dominant political force in the city. Muttahida Qaumi Movement is currently the second largest party in Sind Province with 54 out of 130 seats and overall the fourth largest party in the National Assembly of Pakistan. Some political experts are in strong believed MQM was planted and promoted by GHQ in Zia-ul-Haq era58, because he wants to reduced the strong hold of PPP in Urban and Ruler Sind. So as diamond cuts diamond it was the policy of General Zia-ul-Haq to crush the PPP in their hometown. MQM was never been part of Zia-ul-Haq Govt. but it was highly facilitates by the Govt. It was appearing on political screen on 1978 as APMSO, All Pakistan Mohajir Student Organization, becomes the political party on 1984 and rise of MQM was started from Local Bodies Election 1987 in Province Sind and MQM captured the Metropolitan Mayor of Karachi and Mayor of Hyderabad. Later on; in Election 1988, MQM holds more strength in National and Provincial Assemblies captured 13 MNA and 28 MPA. The first time ever-in politics, lower class leadership had step in Parliament. MQM defeated the big guns of PNA leaders in Karachi and Hyderabad. In last two years of General Zia-ul-Haq Karachi was paralyzed due to ethnic and linguistic issues. Chains of riots were stated between Sindhi, Punjabi, Mohajirs, Baluchs, and Pukhtuns. Zia-ul-Haq tried to maintain the situation but could not succeed. Murders, Rubbery, Theft, Violence, political abuses and extortion were the common routine of the city. According to the former President of Pakistan, Ghulam Ishaq Khan said, 8th Amendment is protective wall against Martial Law.59 It provides the balances between Prime Minister and the President. 8th Amendment remains in the national interest.

58 The Daily Pakistan Times, Islamabad, May 29, 2013 59Saddique, Javed Ahmad, Mohajir Qumiat, Shabeel publishers, Karachi, 1990, p. 29 222

Ejaz-ul-Haq PML said the 8th Amendment is a symbol of the continuity of democracy, people have understood its importance.60 Corrupt Governments is the way to salvation. Ex-Deputy Speaker of National Assembly, Haji Nawaz Khokhar said that the 8th Amendment did not prevent Martial Law.61 Muslim League (J) Hamid Nassir Chatta said the 8th Amendment does not eliminate further ten year difference politicians who incited the 8th Amendment to the presidency always used and these so called politicians have always benefited.62 Former Caretaker Prime Minister, Ghulam Mustafa Jatoi said, 8th Amendment not needs to finish.63 It stop the Martial Law and as a safety valve in politics. Ex-Deputy Chairperson of the Senate Dr. Noor Jahan said, if the proper checks and balance exist in 1977, the country never face the Martial Law, General Zia-ul-Haq balanced the political system by 8th Amendment. She said 8thAmendment is safe passage.64 President of Azad Jammu and Kashmir, Sardar Abdul Qayyum Khan, warned if we try to eliminate the 8th Amendment, the door would be open for the next Martial Law.65 Former Chairman Senate Wasim Sajjad said, a system should be established for checks and balances of the 8th Amendment s.66 In Zia era, there are so many politicians, who always praise the political system of General Zia-ul-Haq. Although, majority of the politicians criticized the political and constitutional programme of Zia-ul-Haq but very few voices was in favor of General Zia-ul-Haq. The politicians condemned and criticized in publicly and in press about the General Zia’s era.

6.2 Reaction of the Legal Experts

Judiciary is third pillar of the democracy and very essential part of the country. The relationship between Bar and Bench is very much strong since the independence. Pakistan’s Judiciary inherits by British Colonial Era. Due to the lack of constitution, Pakistan as a newly state has no basic infrastructure for Judiciary. We adopted the British model of Government and British model of the Judiciary. Although, we

60 Ibid, p. 40 61 Saddique, Javed Ahmad, Aaj ka Karachi, Shabeel publishers, Karachi, 1989, p. 79 62 Ibid, p. 85 63 Saddique, Javed Ahmad, Mohajir Qumiat, p. 43 64Lawrence Ziring, Public Policy Dilemmas and Pakistan’s Nationality Problem: The Legacy of Zia- ul-Haq, Asian Survey, University Press of California, Vol. 28, No. 8, California, USA, August 1988, p. 2-7 65Afshan Arshad “Pakistan ki Siasat Mai Adaro ka Kirdar 1977-90”, p. 48 66 Shahab ,Rafi Ullah, Pakistan key 50 Saal, Lahore, 1997, p.112 223 harmonized the British Judiciary with Islamic patron but still we could not developed the Institution of Judiciary as a State Organ. Soon after the independence, judiciary was politicized and influenced by the politicians. Powerful executive has been always the biggest impediment in achieving judicial independence in Pakistan. Impact of the executive on the independence of the judiciary will be examined from several aspects, such as the executive role in the appointment and removal of judges; its interference in the proceedings of the courts; its influence on the decision of the court; curtailing the powers and jurisdictions of the court; the abuse of the legal and constitutional powers by the executive; and its disregard for the courts’ orders and decisions. The constitutional history of country is full of constitutional eventualities as well as of extra constitutional military adventurism. Pakistan had practiced multiple provisional constitution, three permanent Constitutions and one Interim Constitution. Pakistan had been subjected five times to Extra Constitutional Emergency or Martial Law Regimes, when the constitution was either abrogated or partly or wholly suspended. The functions of government were being carried on under Laws (Continuance in Force) Orders or Provisional Constitution Orders. Martial Law was declared in 1958, 1969, 1977, 1999 and 2007. In last two instances, the military initiated their extra ordinary regime not by a proclamation of Martial Law, but through Proclamation of Emergency. Thus, Military ruled over country for more than thirty years. The current study of the impact of the executive on the judicial independence in Pakistan is broadly divided into two parts, namely, the political executive and military regimes. It is demonstrated that one element remained common in all governments whether civil or military, that none of the governments in Pakistan wanted an independent judiciary. They preferred pliable judges to independent judges. Civil as well as military executive kept judiciary under pressure and made it subservient for perpetuation of executive’s powers. The difference between civil government and military regime appeared to be that of the extent of interference in the affairs of the judiciary and the method of the interference. Delay in constitution framing gives the political disability to country. Demise of M. Ali Jinnah and Liaqat Ali khan added the more serious problems for the nation. In accordance, political personalities were dominated and become above the law in Pakistan. Governor General of Pakistan, Ghulam Muhammad set very negative trends for future politics, he dissolved the National

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Assembly by exercised the authority, according to the Government Act of India 1935, Article (8), sub section (b).67 The Speaker of the National Assembly Molvi Tamez-ud- din, filed the case in Sind High Court for relief, the petitioner was augmented that the Governor General was not authorized to dissolve the Constituent Assembly and it was absolutely Sovereign Body; The Sind High Court admitted the fact and Null and Wide the Order of the Governor General. Therefore, it was not tolerable situation for Head of the State. He went to appeal in Federal Court of Pakistan; FCP whereas; suspend the verdict of Sind High Court and invented the “Doctrine of the Necessity”68 by Chief Justice of Pakistan, Mr. Justice. Munior Ahmad. It was the unfortunate moment when the North Star of Judiciary was turn in to false angle. Some political experts are in believes that first Martial Law was need of the country because due to the political disability, masses from both wings welcomed the Martial Law. Even Miss. Fatima Jinnah (1893-1967) also welcomes it and said it was wise decision of General Ayub Khan. Moreover, the politicians of East Pakistan were much glad and distribute the sweets among. On the eve of first Martial Law, the electronic media and print media was not much strong, even then, the voice of the legal experts was on the political scene. Individually, some experts also criticized the first Martial Law. Supreme Court of Pakistan keeps the foundation of “Doctrine of Necessity” in Dooso vs. State PLD 1958SC533.69The history of Pakistan is evident that the Lawyers recorded their protest against every dictator like General Ayub Khan, General Yahya Khan, PLD1972SC 13970 and General Zia-ul-Haq in Mrs. Nusrat Bhutto Vs COAS PLD 1977 SC 657.71 The Pakistan Bar Council convened

67 Government Act of India 1935www.govt 1935.com 68PLD 1955 FC 533 Molvi Tamez-ud-din Vs. Federation of Pakistan, in this case CJP Justice Munior Ahmad introduced the Doctrine of Necessity. 69A victorious revolution or a successful coup is an internationally recognized legal method of changing a Constitution. Hans Kelsen: “General Theory of Law & State” translated by Anders Wedberg; 20th Century Legal Philosophy. Where revolution is successful, it satisfies the test of efficacy and becomes a basic law-creating fact. On that assumption, the Laws Continuance in Force Order, however transitory or imperfect, was a new legal order and it was in accordance with that Order that the validity of the laws and the correctness of judicial decisions had to be determined. PLD1958 FC533 70Constitution Annulment and abrogation of Constitution by a successful Military revolution Principle laid down in Dosso case PLD 1958 SC 533 that “where a Constitution and the national legal order under it is disrupted by an abrupt political change not within the contemplation of the Constitution, then such a change is a revolution and its legal effect is not only the destruction of the Constitution but also the validity of the national legal order, irrespective of how or by whom such a change is brought about”. PLD1973 SC139 71Mr. Zulfiqar Ali Bhutto and 10 other leaders of the Pakistan People Party were arrested on 17 September 1977 and detained in prisons under Martial Law Order No.12 of 1977. Begum Nusrat Bhutto, the wife of Mr. Zulfiqar Ali Bhutto challenged their detention in the Supreme Court of Pakistan 225 and observed the seminars, debates and discussion at nationwide; they recorded their protest and boycotted the PCO and RCO. In this context, renowned lawyers of the country termed on unlawful amendments by General Zia-ul-Haq. The President of Pakistan Bar Council (PBC) Syed Afzal Haider said, the recent amendments in Constitution of Pakistan by Zia-ul-Haq had modified the Constitution, now the basis of Parliamentary Constitution changed in to Presidential System, authority of the Prime Minister has been reduced and the National Assembly went to defamation.72 Professor Zaman Akhtar said, the 8th Amendment is a reshuffle of the Constitutional, the major changes have been made by the 8th Amendment, and Zia had changed more than 60 Articles in the Constitution. So very easily, we can understand the philosophy of the dictator. He said the Constitution of Pakistan was totally raped by Zia-ul-Haq.73 Zia-ul-Haq claimed about the amendments after that the infrastructure of the constitution is still Parliamentary is not correct. Barrister Aitzaz Ahsan said accorded to the new Articles of the Constitution 1985, provides unlimited and perfect discretion powers to the President of the Pakistan, but the according to original Constitution of Pakistan 1973, Powers of the President was limited, and Prime Minister of Pakistan works as Chief Executive. Moreover, he said Independent Parliamentary Group (IPG) was protested in parliament like brave heart but in public, they cry like women.74 Because of the above changes in the Restoration of the Constitution Order RCO and 8th Amendment, is an incorrect name now it had become the Constitution of the 1985. These basic changes would affect the constitution in future, after the amendment we can concluded it is the Constitution of Zia-ul-Haq. Furthermore, he said actually, “Restore of the Constitution Order 1985” it is just like the old wine in new bottle.75The Amendments to the Constitution to restore order have been with respect in the form a strong and vigorous Martial Law through the system over the past eight years that will happen is to enforce the Civil Martial Law through constitutional amendments, which have been protecting the General Zia-ul-Haq era. Zia was satisfied because the aim of these amendments to vanguard the sovereignty of by filing a Constitutional Petition under Article 184 (3). The Supreme Court dismissed the petition unanimously as not being maintainable. PLD 1977 SC 657 72 Mumtaz Ahmad, The Crescent and the Sword: Islam, the Military and Political Legitimacy in Pakistan 1977-1985, Middle East Journal, Published by: Middle East Institute Vol. 50, No. 3, Summer, 1996, p.14 73Zafar Iqbal, Aain say Enharaf, Lahore, 1994, p. 149 74The Daily Mashraq, Lahore, October 20, 1985

75The Daily Nation, Karachi, August 20, 1988 226 the individual. Prof. Dr. Farooq Hasan said that the constitutional amendment is the major problem of the whole democratic world, nor a matter of single person. Whenever, the amendments are necessary for the large interest nation then maximum consensus document were made for the progress of the political system, the dictator made the Parliament as hostage and approved the amendment on gunpoint.76 Actually, it was the price of the democracy given by the Parliament. Moreover, he said, the President was insisting on maintaining “One Man Rule”. According to the Waris Mir, Constitutional Amendments of 985, in fact was the continuation of the Government Act of India 1935. The Act of 1985 eliminated the liberty and supremacy of the Parliament, while the real authority of the Prime Minister had been taken hostage.77 Current amendment would bring havoc for the political system of the Pakistan. Mr. Mahmud Mirza advocate the effect on options for constitutional amendments and the provinces under the title writes that General Zia ul-Haq in 1985, March, which is the Constitutional Division of Powers, Provincial Governor can dissolve the Provincial Assemblies as per discretion of the President, all of these options position options concentration He is the one who created it has been changed the form of the constitutional structure of the Parliamentary and Provincial powers.78 Former CJP, Sheikh Anwar-ul-Haq expressed his views, the 8th Amendment had spoiled and damaged the real sprite of the Constitution of 1973.79 Ex-Justice Durab Patel said, although, Supreme Court of Pakistan, given authority to the Zia-ul-Haq to amend the constitution, but recent changes are major changes in the constitution. They had completely changed our constitution in to the Presidential System; apparently it means “the Rule of Individual”.80 Former Justice. F.G. Ibrahim also condemned the military dictator era, he said they just to protect their power; the 8th Amendment was shameful act.81 He said the Constitution is the guarantor for the public rights not for the personal sake. Ex-CJ. Javed Iqbal, s/o Dr. Muhammad Allama Iqbal, whose ideas were also shocked by the 8th Amendment. He commented

76Virik, M. Nasrullah, Doctrine of Necessity-Application in Pakistan- Cases of Immense Importance- A Critical Review, International J. Social. Science & Education, Vol. 2 Issue 2, 2012 ISSN: 2223- 4934 Ph.D. Scholar University of Education, Pakistan, pp. 311-316 77The Daily Jung , Lahore, August 22, 1988 78 Virik, M. Nasrullah, ibid 79The Daily Jung, Lahore, March 20, 1985 80Durab Patel, Military Dictatorship in Pakistan and the role of Judges,Lahore,1989, p. 138 81The Daily Dawn, Karachi, March 19, 1985 227

8th Amendment is a rebellion inside the Constitution of the Pakistan.82Former Justice. Shamim Hussain Qadri said, the President of Pakistan, had made so many alterations in the Constitution, now it has not left in its original condition.83 After the 8th Amendment, lawyers continued their protest from time to time in their professional organizations and showed their concerns and reservations. In this context, the individual country level and against the supremacy of the Constitution, the rule of seminars conducted. They also passed resolutions in this regard. In this context, judges and lawyers who had been hundred percent of the position that was thought provoking register He held the Cabinet and Parliament will now be claimed that the system still has Parliamentary. Chief of the Armed Forces Supreme head of the National Security Council, even if the President becomes the source of all powers. Declared an end to the powers of the National Assembly, Syed Shabbar Raza said, Administrative Powers of the National Assembly had been withdrawn.84 According to their peaceful revisions, review this important document as the Constitution is clear on their own in a way that is amended public representatives and Parliament is ignored. Not the individual but Pakistan the basic fact of any ruling did not understand. Mr. Abid Hassan Minto explained about the 8th Amendment, the Constitution of Pakistan 1973 emerged as a Presidential System.85 Politically well know Ex-Senator and famous lawyer S.M. Zafar has soft corner about the 8th Amendment. He said as a whole, 8th Amendment cannot be eliminated. Amendment is a set of collection, which cannot be eliminated.86 We can make it batter with new amendment. Eventually, Malik Muhammad Saghir said, 8th Amendments by analyzing by names of people, we will prefer to call it a Constitution of Zia.87 The Amendment would bring the crisis in country and it is destruction of our political system. Mr. Iftikhar Gillani said the basic thrust of our argument is not baseless. The version of Constitution of 1985 is different from 1973. The Martial Law orders and action have been accorded blanket validation and the unilateral referendum has been

82 Durab, Patel, Testament of a Liberal, Oxford University Press, Karachi, 2004, p. 7 83 83Babar Ali, Pakistan’s Decade of the Generals, Economic & Political, Weekly, Vol. 22, No. 28, July 1987, pp.9-13 84 Rizvi, Syed Shabbar Raza, Constitutional Law of Pakistan, Vanguard Books, Lahore, 2005, p. 147 85 Lawrence Ziring, Public Policy Dilemmas and Pakistan’s Nationality Problem: The Legacy of Zia- ul-Haq, Asian Survey, Vol. 28, No. 8, California, USA, August 1988, pp. 78-84 86Zafar, S. M., Adalat Mein Siasat, p. 175 87 Omer Noman, Pakistan and General Zia: Era and Legacy, p. 11 228 legitimized.88 The President will not be a titular head of the state, but wielder of enormous executive authority. The Prime Minister may ultimately emerge as Chief Executive, but until 1990, his appointment remains a Presidential discretion though he will be confirmed in office by a vote of confidence in the National Assembly. The chief characteristic of a parliamentary system is that both tin matters of legislation as well as executive authority the parliament and its representatives enjoy supremacy. Within the parliamentary system, there can be many variations but a system cannot remain a parliamentary system if the supremacy of the Parliament is compromised or if the chief executive authority of the State does not vest in the Prime Minister, who enjoys the confidence of the parliament. March 1985 amendments have unfortunately disturbed the balance of power of that characterizes the parliamentary system. Sheikh M. Akram has his own views about the political role of the Pak-Army, he said, after the bitter experience of the past we should have an open debate on it and if the public agreed on it then the political role of the Pak-Army should be legitimized. So many times Military had intervene in political arena and never earn good name in politics.89 They always fail in this field. He pointed out the political and constitutional reforms of the Zia-ul-Haq. He said it was full control democracy and General Zia does not want to share the power with any others. He engages the religious forces in Islamization and political forces in political race. After the 8th Amendment, General Zia just secured his Kingship. Ex-Justice Javed Iqbal termed on the constitutional package of General Zia-ul-Haq, he said constitution drafting or amendments are very sensitive issue in Pakistan since its inception, because we deprived from the constitution 1947-56. Constitutional issues were not settled so that we faced the delay in constitution. The Constitution of the 1956 was Parliamentary characteristic but inside the country, we watched the Presidential system from 1962 to 1985 and after the amended constitution was called the Constitution of1985.90 Mr. Bhutto enjoyed all kinds powers from 1971-77, that was also a Civilian Dictatorship. Ayub khan and Yahya khan also enjoy like vise and later on General Zia-ul-Haq enjoyed eight years and after the 8th Amendment he created a post of Prime Minister, which was absolutely powerless. It is the psychology of every dictator he wants to entire control;

88Dawood, Jan M, The Role of superior judiciary in politics of Pakistan, Royal Book Company, Karachi, 1994, p. 88 89Sohail Warrach ,Adlia Key Zawal Ki kahani, Sagar Publishers, Lahore,2001, p. 43 90Mehmud, M. Dilawer, The judiciary and Politics in Pakistan, Idara-e-Mutala-e-Tehreek, Lahore, 1992, p. 93 229 whenever Mr. Junejo tried to challenge the authority of Zia-ul-Haq, he sacked him. He said Zia-ul-Haq used the Islam as a shield to prolong his career, otherwise there was no need of any other amendment in the constitution, first he sure his power and design the political stage for politicians. Former Justice F.G. Ibrahim has remarked on the political and constitutional development of Zia-ul-Haq, he said a miserable Prime Minister with Uniform President how he would survive in this political system, the Prime Minister of Pakistan, keeps one eye on GHQ and second on Washington D.C.91 After the 8th Amendment, the President was powerful and the Prime Minister was powerless. After the 8th Amendment, the political system of Pakistan was detracted and it was not flourished smoothly. We see the constitutional hazards as 58-b2 proved to be very fatal for Pakistan. Ex-CJP, Mr. Justice Afzal Zullah has remarked on the political and constitutional development of Zia-ul-Haq; I do not think the political role of the Army will not be eliminated in Pakistan for next fifty years.92 He said COAS has always upper hand in politics, the negative effects of the 8th Amendment remains in country. The parliament is the only forum where the Constitution can be amended, principle of the procedures laid down in the Constitution. The significance of the present Bill lies in the fact that through it the parliament has an opportunity to remedy the wrong done in March 1985. Martial Law Authorities must not expect to parliament to blindly endorse more than sixty amendments made under the Martial Law Order,93 which have affected the basic structure of the Constitution and virtually changed the delicate balance of power situated in the fundamental law of the country. The Supreme Court allowed Chief Martial Law Administrator to made necessary and unavoidable amendments in the Constitution; it is totally incorrect interpretation of the Supreme Court judgment on the Nusrat Bhutto case an unbridled authority to change the Constitution. The constitutional amendments made on a rather wholesale basis through four Presidential Orders of March 1985 are totally indefensible on any count, legal, political or moral. We had augment many opinions of the legal experts 99 per cent of lawyer’s community are in strong believed that General Zia-ul-Haq damaged the Constitution

91 Dawood, Jan M, The Role of superior judiciary in politics of Pakistan, p. 91 92 Rizvi, Hasan. A. The Paradox of the Military Rule in Pakistan, Asian Survey, Vol. 24, No5, May 1985, p. 9 93 Ajmal, M ,Chief Justice ,Retd, A Judge Speaks Out, Oxford University Press, Karachi, 2004, p. 104

230 of the Pakistan. He started playing with constitution on July 5, 1977, March 24, 1981, PCO, March 2, 1985, RCO and iron hammer in shape of 8th Amendment in Constitution of Pakistan, which was proved very unhealthy for the politics. It was the bitter reality; that all the dictators were legitimized from superior judiciary and they were allowed sufficient time frame to rule and to amend the Constitution of Pakistan according to their wish. It means the superior judiciary was becomes the B team of dictators. The lawyer’s communities always condemned and protest all the illegal activities of the dictators. So many legal experts beyond the political affiliation, they expressed their views about Zia-ul-Haq’s constitutional plans. Most of the experts were in strong believes, amendment made by Zia-ul-Haq was unnecessary and harmful for the country. Zia was just ensured his regime as much as longer possible. Almost all politicians, political commentators and political analysts were unable to estimate its dangerous effects. Nevertheless, all legal experts were warned that it would be dangerous for political system. They raise their voices on various forums while they were with seasoned politician. Government members were also condemned the 8th Amendment but it was only means to an end Martial Law in Pakistan. 6.3 Criticism of the Mass Media Journalism is considered the bedrock of any country, in which we can see the reflection of society. Journalism is also a mirror of our society in which we can see the social, political, and economic, art and literature and educational activities. From 1977-88 General Zia-ul-Haq eras now part of history. We consulted the reflections of the past political and analytical views, reviews and criticism of the print media in Zia’s era. Although, it was a dark phase for media. Zia-ul-Haq imposed ban for media and strict law of censorship. Many of journalists were sent to jail and many others were lashes openly. Like the politicians and legal experts, we had discussed here the role of press in politics in Zia era. Various Journalists, Columnists, Reporters, and editors of the newspapers had expressed their views according to their will and policy. We just focus the editorials and columns of the newspapers. What was their opinion about the political and constitutional programme of Zia-ul-Haq? We will take the review that how much the political system of Pakistan was affected by the policies of Zia-ul-Haq or how much strengthened and stronger. Our national newspapers have portrayed overall the political stability in country by General Zia-ul-Haq’s

231 amendment. Chief Editor of Takbeer Magazine, Muhammad Selah-ud-Din termed on, Zia-ul-Haq had been constantly expressed that he does not have any political ambitions, after holing election we would leave the political control but he did not do so. Zia-ul-Haq decided to become the President; it is forbidden in Islam to seek desire of power but General Zia-ul-Haq promoted his own agenda in politics.94 He said 8th Amendment was just for the protection of Martial Law not for the public. Irshad Ahmed Haqqani said after new amendments in the Constitution of Pakistan 1973, it would not recognize as parliamentary politics. Prime Minister Junejo paid the price of Martial Law. President Zia-ul-Haq had clear words to the Prime Minister; this amendment was large interest of the country. According to him, there was only solution to avoid Martial Law is approval of the amendments. 95 Irshad Ahmed Haqqani said, after the Amendment of 1985, the Constitution of 1973 had converted in to Presidential System.96 The News mentioned in its editorial, the President and the Prime Minister strike a balanced in 8th Amendment, dictatorships has been buried forever, and Constitution of 1973 became healthier.97 The newspaper not opposed as a whole, but despite of all flaw and weakness Zia’s action was welcomed for the democracy. The “Mashraq” also supported the amendment, after passing the Bill to eliminate Martial Law and revival of democracy in the country.98 According to the newspaper Zia’s Government had already obtained the legitimacy under Supreme Court Order, if the newly elected National Assembly would not endorse to protect the Martial Law measures in the amendments than in the future there will no legal crisis in the country, otherwise continuity of the Martial Law remains as it is. Now it depends on National Assembly, whatever they to do so for in this regard. However, in any case it will become part of history that the elimination of Martial Law in the country has paved the way for the restoration of democracy on the cost of the 8th Amendment. The “Pakistan Times” wrote in its editorial, after the 8th Amendment Martial Law will be eliminate and system survived, it may possible with the blessing of the amendment and people received the benefit. “Pakistan’s Constitution had balanced with help of Parliament,

94The Weekly Takbeer, Karachi, September 1,1988 95 The Daily Jung, Karachi, August 24,1988 96The Daily Dawn, Lahore, January 11,1986 97The Daily News, Lahore, November 20, 1985 98The Daily Mashraq, Lahore, September 22, 1985 232 now Pakistan never faces Martial Law in future because of 8th Amendment.”99 Mr. Majeed Nizami also reacted and said after the 8th Amendment, “January’s sun will rise without Martial Law, 8th Amendment was clear deterrent to newly elected National Assembly, otherwise Martial Law would be may prolonged.100 Tahir Ajmal said, we could say it, the 8th Amendment exposed to be as Civil Martial Law.101 Masood Akhtar; he concludes that from Jinnah to Zia, politics in Pakistan revolved around personalities. Informed by a self-serving and selective reading of Muslim history, colonial legacy and social conditions, a perennial quest in Pakistan for extraordinary men left little room for the lesser leadership after the demise of Jinnah and assassination of Liaqat Ali Khan. Lesser politicians failed to deliver.102 A sustained political culture of tolerance and accommodation was as necessary as was the political empowerment of the people, development of the media, the political parties, and the judiciary. Bhutto was arguably the country’s most popular leader after Jinnah, but he could not put Pakistan on the path of democracy. He disallowed dissent within the PPP, curbed the opposition and the press, and sought to manipulate judiciary. The partisans of Bhutto should have learnt the importance of organized politics and institutionalized power after the fall of his government and his sad ending. The military no matter how disciplined or well equipped could never ride roughshod in politics, if it were to face the phantom of organized opposition.103 Despite being a popular politician, Bhutto was unable like his predecessors to translate personal popularity into popular support for institutions. By his own admission, he had no time for party organization. The imposition of Zia’s Martial Law must be seen, therefore, as the byproduct of that lingering hiatus of institutional development in Pakistan which gave its better organized army an edge over the remaining substructures of the State and political forces. Its brutalities were in fact proportional to its own insecurities, the radicalization of national politics and the resilience of the PPP.104 Zia regime relied heavily on coercion, conservative elites, religious political organizations, and its foreign friends.

99The Daily Pakistan Times, Lahore, December 20, 1985 100The Daily Nawa-e-Waqat, Lahore, December 27,1985 101The Daily Jung, Lahore, January 11,1986 102Masood Akhtar Zahid , Dictatorship in Pakistan, A Study of the Zia Era, Published Article, Quaid- e-Azam University Islamabad, 2004, p.9 103The Daily Jung, Karachi, December 24, 1988 104The Weekly Ehsan, Lahore, August,1989 233

Courtesy of the military regime, Religious leadership accepted backdoor entry into power and tasted temporal authority beyond its electoral potential. To legitimize himself and to protect status quo, it transported religion into politics and developed a nexus with the orthodox Ulema whose knowledge and interpretation of Islam and general worldview was medieval and disharmonious to the views of Iqbal and Jinnah who perceived modern democracy and the parliament in perfect harmony with Islamic teachings, and were opposed to dictatorship, whatever its form.105 Eleven years of Zia were the wasted years as far as democracy is concerned. Even his death did not remove obstacles to democracy. Four elected governments fell prematurely due to the anti democratic constitutional innovations of Zia, the 8th Amendment, which changed the country’s parliamentary system into a presidential system. As elected governments would hold office during the pleasure of the indirectly elected president, it made mockery of democratic principles. In adversity, politicians and people learnt, however, to appreciate the merits of democracy and demerits of the army rule. Moreover, political repression during the Martial Law had a silver lining to it.106 It galvanized support for democracy and even reconciled the bitter political rivals. Fortunately, for Zia, his sudden death saved him from popular backlash and an ignominious. Dr. Safdar Mahmud said the people of Pakistan has firm belief in democracy and the parliamentary system so much that although President Zia ul-Haq in his reign of eleven years, organized manner in this regard, however, he made only against democracy propaganda public failed to fully replace the main thought. Zia-ul- Haq has all the resources the Government has to convince the Pakistani people that only a democratic system is Un-Islamic.107 These people cheat in whom people with wealth and community are debated by being selected on the strength of the democratic institutions and political parties, likewise, he strongly felt that the role of democracy may be all from people but you have to surrender in front of the public demand in 1985. He compared Presidential System for Pakistan was in favor of Quaid-e-Azam. Perhaps the intention was that if public acceptance of the presidential system could manage all the options selected by the President to handle comfortably, but they could not do so from the public response, and finally some options to restore the

105The Weekly Zindigi, Karachi, July,1990 106The Daily Nation, Lahore, August 22, 1988 107The Daily Jung, Karachi, October 12, 1988 234

Constitution of 1973 after parliamentary system on the Presidency in the content away. All this time the President Zia-ul-Haq called for all of the tactics of the same compared to restore democratic government to be established in the Constitution of 1973. It is impossible to remove democracy in the people of Pakistan. The country is once again in the grip of a constitutional crisis. The Dawn termed on the 8th Amendment in its editorial, “The National Assembly passed the 8th Constitutional Amendment and modified the constitution feature by the Martial Law regime during the last eight years, particularly the ones Orders No. 11, 14, 20 and 24 issued in closed succession in October 1985.108 The Parliament achieved an historic moment. If it acquits itself of this responsibility with vision and political leadership, it cannot only pilot the country out of the present crises but would also grimly set it along the road to constitutional stability. The Nation termed on the constitutional package by Zia, “Constitution always is a consensus document. It should be above party politics; political parties and groups operate within the context of the Constitution. There should always be a complete agreement on the rules of the games.109 Dissent is the very soul of democracy but dissent becomes meaningful only if there is agreement on the fundamentals chaos. That is why the Constitution of a country can never be made merely on the basis of majority votes. The Constitution of 1956, despite some weaknesses, was a consensus document and has always remained a point of reference in the constitutional and political history of Pakistan. However, the Constitution of 1985 was not a consensus by public. It was depend upon on the desire of Zia-ul-Haq. The Pakistan Times, termed on the 8th Amendment has assumed decisive importance in determining the course of future democracy in country. The issues are vital and the lines are clearly drawn. The uproar in the House in only an echo of what the political opposition has been demanding ever since the imposition of Martial Law.110 The Constitution of 1973 was based on consensus and if the military regime has really decided to relinquish the essence of power nothing would be more appropriate to restore it without reservations and leave the task of amendments to a legislature which has the popular mandated to do so. The consensus accord should be viewed in the context of two things, firstly the regime was under no compulsion to transfer power; the process

108The Daily Dawn, Karachi, October 12, 1985 109The Daily Nation, Karachi, November 22, 1985 110 The Daily Pakistan Times, Karachi, October 29, 1985 235 of civilizations was initiated by it on its own and the rules of the game were unilaterally set. Secondly, the dispute on the passage of the Bill was essentially an in house fighting, which could not have been carried beyond a certain point. The political forces may reject the accord, since it does not come up to their expectations. They rights to oppose it and continue to strive for the restoration of the Constitution of 1973, but they cannot accuse the present legislators of a sellout. The Frontier Post termed on Zia era, “The Compromise Formula” may be viewed as a bad bargain, but the National Assembly cannot be denied the credit for obtaining some concessions from the Zia’s regime.”111 The new constitutional arrangement has curtailed the discretionary powers the Prime Minister and the Parliament; the Political Parties Act has been delinked from the Constitution and the political role of the Armed Forces has been institutionalized. It seems that the President, regardless of his constitutional powers, will remain at the helm of affairs for the next five years. In the third world, the constitution does not necessarily reflect the actual balance of power and extra constitutional factors are equally important in determining the position of a public office holder in the power hierarchy. The Army may go back to the barracks after the lifting of Martial Law, but they would remain a formidable factor in the politics. It may be difficult to predict how durable the new civilian system would be able to with stand the public pressure of the post. Martial Law period or survive a factional struggle for power from within, but much will depend on the attitude and aspirations of the Armed Forces. An obvious weakness of the system is its lack of the popular support; it cannot function in a political vacuum for a long time. In order to make it credible the present public representatives will have to accept the challenge of going to the masses and competing with the existing political parties. The real test of the viability of the new system would come, when political parties are restored and allowed to undertake open activities. If it is not intended to be another adhoc arrangement, it will have to endure the stresses and strains of open and competitive politics. According to the Hussain Haqqani, the new amendments would do away with the National Security Council a military civilian body envisaged by Zia as a supra legislature to act at times of national emergency. They also would limit the president’s discretionary power to dissolve parliament.112 Under these amendments, some checks have also been introduced on powers of provincial governors. Haroon Rasheed stated

111The Daily The Frontier Post, Islamabad, November 25, 1985 112The Daily Dawn, Karachi, December 12, 1985 236 that the media had been in thrall to governments in the past but was now free trying to be as balanced as possible. But there were still men inside the media who protected interests of certain parties and agencies, and some were under threat from certain elements that could cause them harm, thus making them fall short of balance. The lesser say the state’s failing aspects may be enlarged further. The Army has decided to follow the people, after the state agencies have funded the uniform mind till it looks menacingly monolithic.113 The GHQ by the same token has said goodbye to wisdom, which aims at survival, and has embraced national honor, which aspires to martyrdom.114 It would seem that regardless of the number of years that have elapsed since the dark shadow of Zia-ul-Haq’s orthodox version of religion was first cast over the country, the legacy of the military dictator simply refuses to go away. Indeed, in many cases the mindset of religious obscurantism and self-righteousness was translated into hard and unfortunate policy, which to this day continues to dominate many of our actions as a nation. The Dawn; An honest and impartial observer of national scene will thus learn this most inexorable lesson from Zia Martial Law, it is impossible to put faith in the virtues of an autocratic government and there is no such thing as being dictatorship which is a non reality and misnomer. Another lesson to be learnt from General Zia’s year of power is how fragile are the structures which are dependent upon individuals howsoever powerful and wise they may appear to be. Zia’s years of power were marked by a highly personalized style rather than an institutionalized rule. In that personalized style of rule the institutions appeared to be dependent upon the person of president.115 Constitution is prone to be disregarded by individuals who help make them. After all another military leader Ayub khan in a different time had violated his own constitution and when forced out of office handed over power to the Army Chief rather than to the speaker of the National Assembly as required in Constitution 1962. Yet another lesson to be learnt is that the harshness of Martial Law also produces a backlash, which quite unintended produces political consciousness among the masses. Soon after the abrogation of the Constitution in 1981, the political parties under the umbrella of MRD led a moment against Martial Law and for restoration of democracy. This marked for the first time a qualitative change in the response of our

113The Daily, Jung, Lahore, September, 16, 1985 114The Daily Nation, Karachi, December 22, 1985 115The Daily Dawn, Lahore, September 11, 1988 237 politicians and political parties to military dictatorship. In the previous Martial Laws, only limited opposition groups raised their voices, but Zia’s Martial Law was opposed by a much wider and diverse spectrum of politicians and political parties increasingly realize their role in restoring democracy and freedom and not leave everything to the courts. General Zia’s years of rule also exemplifies the importance of a curious blend of design and luck in the longevity of a ruler. On several crucial occasions, his regime was buttressed by events not of his making. At the same time almost always the general turned politician proved himself a master tactician and a dexterous political schemer and designer The Pakistan Times termed on, President Zia was a true son of Islam. His contribution to the consolidation of Islamic character of the Pakistani nation will be recorded in letters of gold. He was the first ruler in history of the country to devote himself sincerely to the establishment of an Islamic order in Pakistan for which purpose this country was achieved.116 Before him, various governments came to power, in utter disregard of the ideals of the Pakistan moments. General Zia would continue as President, he construed this as having elected him for five more years. He continued his rule on the basis of this dubious mandate. Zia-ul- Haq remained at the apex of the new system. The Amendments of March 1985 gave him decisive authority as an all-powerful president with a breath-taking array of discretionary power. The space of politics was carefully circumscribed before his regime allowed any opening of the political process. Zia however grew uncomfortable with even this system of guided democracy. The Prime Minister Junejo was seen to have overstepped the mark in key issue areas like defense and foreign policy. Which the president regarded as his exclusive domain Junejo’s handling of the negotiations that yielded the Geneva accords and the explosion at the Ojhri ammunition depart acted as catalysts in Zia’s growing estrangement from his own political system. On 29 May, he called a halt to his experiment sacking Junejo and disbanded the Assemblies. Some other factors gave Zia-ul-Haq an edge. He was better equipped in the art of diplomacy and politics than Ayub Khan was and Yahya Khan two military predecessors acted haughtily then at the top but had reposed meekly when under pressure. However, Zia never lost maimed a substantial scoop to differ with his politics, both internal and external, but none could dispute that he used the Afghan and Islamic cards intelligently and with

116The Daily Pakistan Times, Lahore, August 20,1988 238 skill and imagination. His untimely death has left a wretched void in the lives of the people and the tragedy has left a vacuum in the political affairs of the world. As we mentioned before newspapers are reflection of the society, electronic and print media has an opinion about the 8th Amendment, most of the papers criticize very softly. Despite of Martial Law they could not condemned openly, but agreed upon there was no way out to eliminate the Martial Law. It was legal way because earlier in 1972, Z.A. Bhutto also required the indemnity and the Parliament endorsed to get rid of Martial Law. There was no other option. Now history again repeated by General Zia, again, there was no second option for the restoration of the democracy. Media play important role as well as in democracy or dictator era.

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Chapter 7 Reactions on General Pervez Musharraf Era General (R) Pervez Musharraf passed near a decade at President House as supreme authority of the country leave on August 18, 2008, forever. It was the first time in the history of the country that a dictator left the post of President ship smoothly and it was done by the political forces. Over all Pervez Musharraf hold the authority eight years, ten months and six days. Previous dictators a like General Ayub khan, General Yahya Khan and General Zia-ul-Haq were not ready to leave the politics. It happens first ever in political history of the Pakistan that on the eve of the Impeachment; the President faces the trial of Impeachment. Musharraf deliberately said he would face the allegations, but one day before the procedure of Impeachment, he left the political arena. It was quite sure that the government was serious and there is no way out for Musharraf. Few days ago Resolutions of Impeachment was passed in all the Provincials Assemblies of the Pakistan against the Musharraf. Punjab Assembly has passed the Resolution by voting 321/25, Sind Assembly passed Resolution by voting 155/4,1 in Baluchistan and NWFP Assembly passed the Resolution by absolutely majority and none of vote was cast in favor of Pervez Musharraf. It is irony of the fate, when Musharraf was resigned, same day, Mr. Talaal Akbar Bhugti S/o (Late) Nawab Akbar Bhugti registered complaint (FIR) of his father murder against 66 person including Pervez Musharraf with high officials others. Talaal said that Musharraf was directly involved in murder of his father. After the military coup by Musharraf’s colleagues on October 12, the Musharraf plan to rule over the country but he needs the Power of Uniform and the need of civilian peoples, so with the combination of different personalities he compiled a team. Most of them belonged to NGOs and Corporate sector and mostly were unfamiliar faces. Musharraf keeps distances with popular traditional politicians, but in touch from Punjab, Chudhary Shujaat and Pervez Elahi, Ch Ameer Ali, Syed Mushahid Hussain, Sheikh Rasheed Ahmad, Khurshid Mehmud Kasuri, Farooq Ahmad Laghari, Syed Faysal Heyat, Sher Afghan Niazi and Mian Azhar were prominent figures. From Baluchistan Mir Zafar Ullah Jamali, Jam Yousaf, Mangal and Mari Tribal Lords were also allied of

1Haris Gazdar, Judicial Activism vs. Democratic Consolidation in Pakistan, Economic and Political Weekly Vol. 44, No. 32, Published by Economic and Political, Weekly August 8-14, 2009, p. 8

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Musharraf, from Sind; Liaqat Jatoi, Arbab Ghulam Rahim, Sardar Yar Muhammad Rind, Nassir Mammon, Ali Muhammad Maher, Farooq Sattar, Baber Ghuri and Peer Pagaroo were allied and from NWPF Province, Ajmal Khattak, Ameer Muqam and Aftab Ahmad Sher Pao were prominent personalities. From Saraiki zone, Taj Muhammad Langha and Muhammad Ali Durrani were partners. General Musharraf had a brilliant team of legal experts including: Sharifuddin Pirzada, S. M. Zafar, Malik Muhammad Qayyum, Waasi Zafar, Ahmad Raza Khan Kasuri, Dr. Khalid Ranjha, Chudhary Fawad Ahmad, and Barrister Saifullah Khan and for financial affair’s he has a team with Dr, Salman Shah, Dr, Eshrat Hussain, Shoukat Aziz, and Lady Governor State Bank of Pakistan, Smashed Akhtar. In Musharraf era some religious scholar was also very popular which represented the modern enlightened including Dr, Amir Liaqat Hussain, Dr, Tahir-ul-Qadri, and Maulana Tahir Ashrafi. Dr. Javed Ahmad Ghamidi. Amongst all the fields of life Musharraf choose the people for long term planning. Although he had chosen, the military colleagues and friends to appoint the high ranked including Ex Lt. General Moin Haider as Interior Minister of Pakistan. Moreover, Lt. General Abdul Qadir, Governor of Baluchistan, Lt. General Khalid Maqbool Governor of Punjab, Lt. General Ali Jan Orkzai Governor of NWFP and Lt. Iftikhar Hussain Shah as Governor NWFP, Lt. General Touqir Zia as Chairman PBC and then Lt. General Munior Hafeez as PBC. Lt. General Jamshed Gulzar as Chairman Federal Public Service Commission, Lt. General Amjad Shoaib and Lt. General Shahid Aziz as Chairman NAB. General Aziz, Lt. General Muzaffar Usmani, Lt. General Abdul Qayyum, Major General Saeed Zaidi and Major General Rashid Qurashi were very close to Musharraf and had worked with his team. Musharraf enhance the women’s seats at all the levels in politics he raised up to the 33 per cent in all the Provincial Assemblies or at National Assembly or the Senate. The Musharraf era included with active part of ladies, Zebeda Jalal, Shahida Jameel, Khasmala Tariq, Marvi Mammon, Nelofer Bkhtiyar, Firdus Ashiq Awan, Mehnaz Rafi, Attiya Anayat, and Samina Khalid were in team of Musharraf. PML-Q (Kings Party) was founded in Musharraf era and in this regard, Lt. General Ehtesham Zamir rendered services in the national interest. He reconstituted the Pakistan Muslim League as (Quaid-e-Azam) and through temptation, he brought the leaders of other political parties to join PML-Q. Some politicians were given the threat of NAB and some were offered the incentive of govt. After achieving success, moderate peoples across the country were assembled 241 on the platform of PML-Q and Mian Muhammad Azhar was nominated as the President of the party. It was an open secret during the Elections 2002; Kings Party would convincingly win the elections, but the president of the party, Mian Muhammad Azhar defeated by unpopular candidate. According to Mian Muhammad Azhar in his constituency, the polls were rigged, on the directive of Chudhary Brothers, who had been active in the politics for the previous thirty years. After that, Chudhary Shujaat Hussain became the President and simultaneously, Chudhary Pervez Elahi takes over as the Chief Minister of the Punjab. The political observers were on the view that there was no actual existence of Kings Party and had no public support. Even on the eve of government, formation could not be formed then the election cell in charge of General Pervez Musharraf could not have enough majorities despite of heavy rigging. Hence, Mir Zafarullah Khan Jamali was elected as Prime Minister with the margin of only one vote. General Pervez Musharraf enjoyed the unique distinction that he worked with five Prime Ministers of the Pakistan; including Mir Zafarullah Khan Jamali, Shujaat Hussain, Shoukat Aziz, Muhammad Mian Somro and Yousaf Raza Gillani.2 In the political history of the country, the role of lawyers had been so much significant than the one displayed by them during Musharraf’s rule. However, we can say that Musharraf achieved so many victories and almost remained successful on every front. Even; when Prime Minister of Pakistan, applying his constitutional authority accorded to remove the Chief of the Army staff, then the fate was on Musharraf’s side and through a silent revolution, he became the Chief Executive of the State. From October 12, 1999 to March 8, 2007, he was successful in his every plan, but on 9th March his fortune stumbled and he lost the favor of luck. The meeting of CJP, Iftikhar Ahmad Chudhary, was schedule with the President Musharraf; but the result of the meeting was not positive for Musharraf. Chudhary Iftikhar remained hostage for seven hours in the President’s House, the Generals constantly force him to resign and entice him for some lavish post instead, as the government was disturbed due to the Suo Moto powers and un due involvement of CJP Iftikhar Chudhary. Hence, Musharraf emphasized to resolve of the matter with Govt. but Iftikhar Chudhary strongly stand on his stance and refused to resign. At mid night, the news spread in the country

2Zaidi, S. Akbar, Musharraf and his Collaborators, Economy & Political Weekly, Vol. 42, No.45- 46, November 2007, pp. 8-9

242 through the media and then it takes the attention of public like a jungle fire. The civil society, lawyers and the politicians came forward to support the Chief Justice. Musharraf had sent a summary to the Supreme Judicial Council for the appointment of Mr. Justice Javed Iqbal as Interim Chief Justice. The CJP addressed to the Lawyer’s community at various Bar Councils and enjoyed the support of very senior and strong lawyers, including Ch. Aitzaz Ahsan, Ali Ahmad Kurd, Tariq Mehmud, Malik Munir Ahmad, Hamid Khan, Rashid Ahmad Rizvi, Rana Ejaz Ahmad, Athar Minaullah, and Syed Zamured Ali. General Musharraf continued its policy is and confrontation had been started between Judiciary and President House. Lawyer’s Movement emerged as largest movement of the country. Moreover, it was peaceful and became the cause of General Musharraf falls. Actually public was mobilized and showed their anger. 7.1 Response of the Politicians on Musharraf Era Pervez Musharraf exit from the presidency has reinforced the striking difference between the departure or ouster of military dictators and civilian rulers. There was no handcuffing, no house arrest and no manhandling when Musharraf quit contrary to what most prime ministers were subjected to when overthrown. He was actually presented a Guard of Honor. Ayub Khan faced intense public agitation; he handed over the govt to Yahya Khan. Ayub Khan lived peacefully in Islamabad till his death. No prosecution or persecution hounded him. Yahya Khan faced a similar fate. He was not arraigned or dragged in courts. He lived a normal life after his exit from power. Zia-ul-Haq died in aircraft crash. On 1993, there was also not a peaceful exit of Nawaz Sharif and same with the President, Ghulam Ishaq Khan, both had to go per an Army-brokered deal because of their mutually destructive tussle. Benazir Bhutto government was dumped by his President Farooq Laghari, he dame care and fired. Rafiq Tarar remained safe from any prosecution. Now again former dictator leaves without any prosecution, he overthrow the elected govt. abrogated the constitution twice time. His indemnity is part of the deal, which is similar to the Nixon formula. However, country’s history is replete with violence as far as the ouster of prime ministers is concerned. There was mayhem all around and a large number of arrests took place when Nawaz Sharif was booted out of power. A team of Generals ordered him to write down his resignation as prime minister on October 12, 1999, but they failed to squeeze the resignation, he was placed under arrest. The Prime Minister

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House was under siege, not only Nawaz Sharif was arrested, humiliated and charged with serious criminal charges; he was also kept imprisoned for fourteen months before his exile to Saudi Arabia. Musharraf banned Nawaz Sharif and Benazir Bhutto cannot hold politics in Pakistan. When Junejo was dismissed, he was unofficially placed under house arrest for some time, Benazir Bhutto was twice sacked as Prime Minister, and she was extended no decent treatment. Mir Zafarullah Jamali, Chudhary Shujaat Hussain and Shoukat Aziz escaped any shabby treatment because they were the handpicked Prime Ministers of a military ruler. PML-N Chief Nawaz Sharif said that the resignation was a “Victory for the peoples of Pakistan”.3 He said we are now free from the dictatorial regime. We can say a dark period of their life has ended, Nawaz Sharif said, now the democratic government would have to perform. It will have to fulfill each and every individual’s aspirations.4 He thanked all the people as well as the media for supporting democracy. He was asked about Pervez Musharraf’s next destination, he said I do not know because we are preparing a charge sheet against him. There should not be a safe exit for Musharraf who play havoc with the country, who derail the system, subvert the Constitution, ridicule the judges and throw them out of the office. On the options of the next presidential candidate, he said he was not interested for the slot. “It should go to the person who actually enjoys the support of the people of Pakistan. I think the best option would be somebody from Baluchistan, as there is a sense of deprivation in the province. PML-Q President, Chudhary Shujaat Hussain said Musharraf’s resignation in large interest of the nation5. Shujaat said that Musharraf was consulted with them over resignation decision since the last many days. His close alley suggested to him to resign. Moreover, he said if the govt. took the resignation of Pervez Musharraf as forcefully, then it would be a setback for the country and the entire nation. Chairman Pakistan Tehreek-e-Insaf 6 (PTI) Imran Khan

3The Daily Dawn, Lahore, August 19, 2008 4Fariha Khalid, Dilemma of Democracy in Pakistan 1988-2010, Unpublished Thesis, The Islamia University of Bahawalpur, p. 114 5The Weekly Friday Times, Islamabad, August 22-29, 2008 6The legendary cricketer Imran Khan (1952-b) founded the new political party on April 25, 1996, at Lahore. In election 1997, PTI took part and could not achieve any National Assembly seat. He obtained 1.7% votes. He also loses his own seat in his hometown and four different places. Imran Khan well come the October 12, 1999 Military Action and supported the Musharraf in Referendum 2002 and Election 2002. PTI took part in Election 2002, and just obtained a single seat of Imran Khan at District Mianwali and total 8% votes. Pervais Musharraf personally like the Imran Khan but with the passage of time differences arises. According to the Musharraf, he wanted to be the next Prime Minister of Pakistan but Imran Khan completely denied him. After 17th Amendment and Uniform issue Imran Khan openly started criticism on Musharraf policies and especially on Afghan Talban issue because he had a soft corner. On eve of Lal Masjid tragedy and murder of Nawab Akbar Bhugti, he was bitterly 244 said the resignation of Pervez Musharraf reflected that the United States had found another Musharraf in the shape of Asif Ali Zardari for the accomplishment of its polices in country;7 Imran Khan demanded to the restoration of the deposed judges. He observed that the address of Pervez Musharraf was comprised bundles of lies and he tried to mislead the nation. The Islami Tehreek Talba Pakistan (ITTP) Chief, Ghulam Abbas Saddique said, that the dictator did not deserve any mercy and should be held for his extra constitutional steps. He demanded that nuclear scientist Dr. Abdul Qadir Khan should be made the next president of the country.8 PPP-S Chief and former Interior Minister, Aftab Khan Sher Pao said, Musharraf’s resignation as a wise step,9 it would be helpful to end the political uncertainty. He said the people were pinning great hopes on the coalition government. He predicted hard times for the government, as in the days to come it would have to resolve a number of issues, including the price hike, unemployment and the law and order situation in the country. PML-N Secretary Information, Ahsan Iqbal said, all controversial amendments made in the Constitution by Pervez Musharraf would be scrapped.10 He said the coalition partners would do the needful together. He said national currency had gained strength and bullish trend was observed in the stock market soon after Musharraf's resignation. Now the country’s economy will grow, he hoped PML-N did not want to give a safe exit to the person who had violated the Constitution two times, sacked the judges and put curbs on the media. PML-N Chudhary Nisar said, political parties, t civil society and lawyer’s community deserved the credit for Musharraf to resign. He said the restoration of the sacked judges was the top priority of the coalition government. First we would restore the deposed judges and then decide about who is going to be the next head of state.11 Further, he said Musharraf must be brought to the Court of Justice because it was the demand of the public as he had violated the constitution and sacked the judges. Mian Raza Rabbani termed, Musharraf's resignation as the nation’s victory and result of Benazir’s sacrifice.12 He said now it is responsibility of the govt. criticized on Musharraf. On November 3rd. 2007, PCO, he was against the Pervais Musharraf. When the government announces the new General Election on 2007, PAT boycotts the election on the plate form of the ARD. 7The Daily Nawa-e-Waqat, Lahore, August 19, 2008 8The Daily Jung, Lahore, August 19, 2008 9The Daily Dawn, Lahore, August 20, 2008 10 The Daily Express, Lahore, August 19, 2008 11The Daily Dawn, Lahore, August 19, 2008 12The Daily Nation, Lahore, August 19, 2008 245 he would decide about Musharraf. Once upon a time, MQM was ally of Pervez Musharraf, described his resignation as a correct step taken in the larger interest of the country. MQM responded in this regard, Musharraf had saved the country from further polarization.13 Provincial Minister of Baluchistan, Jan Ali Changezi, termed the resignation tendered by Pervez Musharraf as a triumph of the nation.14 He further said that Pervez Musharraf was elected unconstitutionally. NWFP (KPK) Minister for Information, Mian Iftikhar Hussain, he paid rich tributes to the neutral role of the Army on Musharraf’s resignation issue, and he said that it was a historic day that marked the victory of the democratic and patriotic forces in the country.15 APDM express views on Musharraf departure major parties in the APDM have welcomed the decision of Pervez Musharraf to leave the President Office, “ it a success of the democracy”.16 The religious political parties also reacted on the resignation; however, they opposed the idea of gave a safe passage to him and demanded he must be trial for violated the constitution and killing of innocent citizens in military operation. Amir of Jamat-e-Islami, Qazi Hussain Ahmed welcomed the resignation of Pervez Musharraf, and demanded to the government to immediately restore the deposed judges to November 2nd position in accordance with the pledge made with the nation.17 Mr. Qazi opposed the idea to give safe passage to Musharraf; Qazi said that proceedings should be started against him for violating the constitution and committed heinous crimes against the nation. He demanded immediate release of Dr. A.Q. Khan, stoppage of military operation in tribal areas and stressed the resolution of issues with the tribesmen through negotiations. Secretary General of JI, Syed Munawar Hassan said that proceedings should be started against Musharraf under Article 6, for subverted the constitution twice.18 He said that the name of Musharraf should be put on ECL to stop him from fleeing the country. JI, Farid Ahmed Piracha said that the nation wanted trial of Musharraf for violation of the constitution and killing of thousands of innocent citizens in Baluchistan, Waziristan, Karachi, Lal Masjid and Jamia Hafsa19. Pakistan Tehreek-e-

13Vali Nasr, Military Rule: Islam and Democracy in Pakistan, Middle East Journal, Vol. 12, No. 58, Middle East Institute, Spring 2004, p. 16 14The Daily Dawn, Lahore, August 19, 2008 15The Daily Jung, Lahore, August 19, 2008 16The Daily Dawn, Lahore, August 19, 2008 17The Daily Frontier Post, Islamabad, August 19, 2008 18The Daily Jung, Lahore, August 20, 2008 19The Daily Nation, Lahore, August 19, 2008 246

Insaf, PTI, President of Punjab, Ahsan Rasheed said that criminal case should be started against Musharraf for committing crimes against the nation.20 He expressed hope that the government would also fulfill their promise of restoring the deposed judges to the November 2nd. status. Amir of Jamiat Ahle Hadith, Senator Sajid Mir termed the resignation of Musharraf as victory of the democratic forces.21 He said that Musharraf did nothing except following the orders of the US during the last nine years. He said that his party was against the idea of giving safe passage to Musharraf and wanted his trial under Article 6 of the Constitution. He expressed hope that the nation would soon get the good news of restoration of deposed judges. Pakistan Awami Tehreek, PAT, Dr. Allama Tahir-ul Qadri,22 he was also well come the Pervez Musharraf on October 12,199. He was President of the Opposition Parties from 1997-99 against Mian Nawaz Sharif’s Government, so he was warm welcome the military action. Later on, he supported the seven point agenda of Musharraf. He bitterly criticized on the departure of Mian Sharif brothers to Saudi Arabia. He was stressed for accountability and open trial of Mian Brothers. PAT supported the Musharraf Refrundum2002, and first time ever participated in General Elections 2002, PAT wins only one seat of Dr. Tahir-ul-Qadri from Lahore NA, 127 all over the Pakistan. PAT obtained 7% votes in general elections. Dr. Qadri becomes the part of National Assembly but soon he resigned from membership on October 29, 2004, over disagreements with Musharraf. According to Maulana Tahir Ashrafi, Dr. Qadri presented two demands to Pervez Musharraf, first he want to be a Federal Minister for Religious Affairs of the Pakistan, otherwise appointed me as a Chairman of the Islamic Ideology Council of the Pakistan.23 However, Musharraf rejected the demands and Dr. Qadri was disappointed and offended on him and left the politics. Dr. Qadri also condemns Musharraf era and said it was totally unlawful. He said Musharraf must be trail according to the constitution.24 Jamiat-e-Ulema-e- Pakistan, Dr. Muhammad Zubair and Secretary General, Qari Zawar Bahadar said that

20The Daily Express ,Lahore, August 19, 2008 21The Daily Dawn, Lahore, August 19, 2008 22Pakistan Awami Tehreek, PAT was founded on May 25, 1989 at Lahore by Dr. Allama Tahir-ul- Qadri (1951-b). Dr. Qadri is Islamic scholar and PhD in Law. 21Dr.Allama Tahir-ul-Qadri from 1989 to 1993 Qadri continuously worked as an opposition leader and trying to indicate the government's mistakes and to suggest ways for improving the situation in the political, educational, and economical fields. It is irony of the fate, once upon a time, he was very close to Mian Sharif brothers, due to their father Mian Muhammad Sharif because he loves and like him. But in politics there are no permanent friends and no permanents enemies. 22The Daily Express, Lahore, June 12, 2006 23The Daily Dawn, Lahore, August 19, 2008 247 the politician should learn from the fate of Musharraf and immediately leaves the pro- US and anti-Islam policies.25 Ex-Information Minister of Musharraf, Sheikh Rashid Ahmed (1950- ) said in sheer disappointment that Black Coat (Lawyers Movement), Black Burqa (Vail) (Lal Masjid and Jamia Hafsa female students) and Black Camera (Media) swallowed Musharraf’s Government.26 Martyrdom of Benazir and General Elections 2008 had changed the scenario of national politics. Further, the inclusion of restoration of judiciary in the manifesto of PML-N, the defeated of Kings Party was also a great shock. The political party, which was nurtured in the nursery of GHQ by Generals, had been deserted by most of the members and other significant leaders, and found shelter in other political parties and PML-Q had become the victim of deterioration. Syed Munawar Hussain (JI) reviewed the situation after the resignation of Musharraf said that Musharraf’s era was as dark as had been during other dictators’ rule,27 because, like his predecessors Ayub Khan, Yahya Khan and Zia-ul-Haq would think them as symbol of democracy, but they deteriorated the institutions. They damage the dignity of judiciary, threats to the political leaders in the name of accountability, and temptation of incentives forced them to join Kings Party. They claimed artistic democracy but as the pro American policy was the essential part of Musharraf’s government and army operation in Wana and northern areas, Lal Masjid tragedy, the support of US in Afghanistan war were the black marks of dictator’s rule. Genocide of innocent girls in Lal Masjid Islamabad was the most heinous crime committed by Musharraf. He also strongly criticized the enlightened policies of Musharraf era. He said that obscenity was promoted in the shelter of enlightenment, he western traditions were customized here, while the deviation was made from Islamic principles. He further said that Musharraf’s ideas were very close to be western and while he did not give any heed to Islamic values. The slogan raised by Musharraf as Pakistan first was nonsense and its actual means was Musharraf and only Musharraf first. ANP, Senator Asfandyar Wali said, when Pervez Musharraf assumed power and presented his seven point agenda, there was a little hope as it contained the issue of provincial disharmony. However, he said, the Devolution Plan presented by Lt- General (R)Tanveer Naqvi, even snatched a little bit autonomy which the provinces

25The Daily Jung, Lahore, August 19, 2008 26The Daily Nation, Lahore, August 20, 2008 27The Daily Ausaf, Lahore, August 20, 2008 248 had been enjoying. He said the devolution should be from federal to provinces and then from provinces to districts. By putting the districts directly under the federal system for six years, the provincial governments have been made post offices and the chief ministers should be called postmasters general.28 Ch. Pervez Elahi said the decision was in national interest.29 He defended the decision that said that ex- President Musharraf has made a great personal sacrifice. He further said that they had multiples meetings with Musharraf before resignation and he termed the allegations for his accountability are bogus and said that every government has the tradition of leveling such blames. He said that all the measures adopted by Musharraf were according to the demand of situation, so he made all decision with the consultation. He made these decisions from 1999 to 2008, were in the interest of Pakistan. Jahangir Bader expressed his views and said that after Musharraf’s resignation the responsibilities of the government have been increased. The political parties and political system in country is vulnerable and unstable, and is very weak.30 He said that only PPP played active role to put Musharraf out of the stream of politics in a democratic way. After the normalizing of prevailing situation, the judiciary’s restoration should be made according to the Charter of Democracy (Meesaq-e- Jamhooriyat)31; we should have to maintain the supremacy of constitution. Ex-MPA of PPP, Habib Ullah Bhutta said, Musharraf’s era was actually the period of slavery of the US foreign policy, trade, defense and other policies were actually designed by the foreign powers and Musharraf was custodian. In the war of terrorism, he started the sequence of purchase and sells, which has now been stopped. The issues of Pakistan are of extreme nature and General Musharraf has given such grave problems in inheritance to his successors. The ruler’s alliance is fully aware of this fact along with the significance of time and situation. It will quite some time to pull ourselves out of Musharraf’s era.32 He said that if the violation of constitution, law and dissolving judiciary were not given severe punishment like Bangladesh, then the anti democratic forces would never have attempted overnight invasion on elected governments. He

28The Daily Nation, Lahore, March 2004 29The Daily Frontier Post, Islamabad, August 19, 2008 30The Weekly Friday Times, Islamabad, August 22-29, 2008 31The Charter of Democracy was signed by Nawaz Sharif of Pakistan Muslim League and Benazir Bhutto of Pakistan People’s Party on May 14, 2006 in London. The document, signaling an alliance between two significant political parties of Pakistan, outlines steps to end the military rule established by the 1999 Pakistani coup d'état led by General Pervez Musharraf and restore civilian democratic rule. 32The Daily Jung, Lahore, August 22, 2008 249 said that the every dictator should be accountable. We were given full protocol with warm send off and guard of honor. In this way, we are delivering message to the poor people of the country that there is no law or principle for a powerful person. Hence, he would not recommend any other political system, other than democracy in Pakistan. The image of respected, Spiritual Democracy of Iqbal is also a model before us, in which the moral values we observe that right with the emergence of Pakistan, the military time and again would grab power. The tradition has been as such that after a break of a few years, the Army comes into power, thus Pakistan has to earn a bad name among the fraternity of nations. Now the issue worth apprehension is that how we can get rid of this undemocratic practice. He further said, “I think that army must be given some constitutional role then it could result better as a specific part may be fixed in constitution so that the everyday problem may come to an end.”33 In this regard, the example of Turkey can be followed as the role of military has been fixed and now the military is the custodian of secularism since the era of Mustafa Kamal Ataturk. When any government deviates from the constitution, then army interferes and normalcy returns. 7.2 Opinion of the Legal Experts

An independent judiciary is considered a necessary element of democracy. Thanks to the beneficent inheritance of British theory of justice, the authority of the legal spirit can be explained as a special aspect of English institutions. At the same time the working of democratic institutions in Pakistan, for example cabinet, parliament and political parties were far away from adequate and had established impolite setbacks under the direct or indirect severe management, the institutions of the judiciary in Pakistan has a reasonable record. Even the military rulers have shown some respect to the judiciary. In the same way, several judges of Supreme Court and High Court have demonstrated courage and self-determination in charging the rule of law.34 The existence of an independent judiciary is a necessity for defending the constitution and enforcing the rule of law in a society and therefore ensuring order. Absence of an autonomous judiciary eventually leads to disorder. Pakistani judiciary has played a

33The Daily Nawa-e-Waqat, Lahore, August 20, 2008 34 Maluka, Z. K., The Myth of Constitutionalism in Pakistan, Oxford University Press, Karachi, 2005, p. 87

250 splendid role in complicated circumstances. It has ensured the ruling of law, protected the fundamental rights of the citizens and their rights to shape and connect political parties and contribute in the democratic process through them.35 During the Pakistan Movement, the Muslims Lawyers contributed a lot in Reforms and Constitution different phase. The Iron Man, Muhammad Ali Jinnah was also a Barrister from Lincoln Inn, London. Mr. Jinnah wins the legal battle of Pakistan in political arena. It is interested to note that first Governor General and Prime Minister of Pakistan were associated with legal profession. Moreover, the first Constituent Assembly of Pakistan was consist of 69 members and amazingly 31 members were lawyers. The lawyer’s community considered most educated class in civil society. Lawyers have much, contributed in politics of the Pakistan since the day first. Whenever the constitutional and political issue arises, they were very much acknowledge and well aware about the constitutional matters. The Lawyers started the straggle for the supremacy of constitution on the dismissal of Prime Minister Khawaja Nazim-ud-din on April 18, 1953. Later on, when the first Constituent Assembly of Pakistan was dismantle on October 24, 1954, by Governor General Ghulam Muhammad. Likewise, on October 8, 1958 on the eve of first Martial Law they also record their protest and file a case against COAS in Supreme Court of the Pakistan. Later on second Martial Law in Pakistan, they were also very curious and again writ in Supreme Court.

On the eve of third Martial Law on July 5, 1977, they also record their protest and file case in Supreme Court of Pakistan. Moreover, when General Zia-ul-Haq hunted the Judiciary and enforced PCO in Pakistan only and only the lawyer’s community was on the roads for protest. Again on the eve of RCO March 1985 and 8th Amendment, only the lawyer community were aware and they had warn the politicians about the false actions is being done by COAS. The lawyers have paid very positive role in politics. On the eve of 4th Martial Law on October 12, 1999, again they were on the front. Later on, PCO 2000, LFO 2002, 17th Amendment 2003, Nawab Akbar Bhugti Murder 2006, CJP termination March 9, 2007, Lal Masjid Tragedy July 2007, Presidential Election 2007, PCO November 3, 2007, Restore the Judiciary Movement 2007, Assassination of Benazir Bhutto 2007, Election 2008 and Fall of Pervez

35 Burki, S. J, Pakistan, Fifty years of National hood., Vanguard, Lahore, 1999, p. 112 251

Musharraf 2008.36 The Lawyers has taken the attention and paid a healthy role in politics of the country. From March 9, 2007, onward till the last day of the Musharraf Era the Lawyers Movement has taken the glorious stand and recorded history. The silly decision of Musharraf a like to terminate the CJP, the civil society and Lawyers Community of the country did not accept the Order. The first time ever the unity of the society has come to scene in “Restoration of the Judiciary” by the Lawyer’s Movement. It was completely bloodless and peaceful. The lawyer’s faces police torched, tear gas, violence and suspension of their licenses. Almost all the Bar Associations of the Pakistan passed the Resolutions against the Pervez Musharraf. They waved the black flags on Bar Offices. The Government Official distributes heavy cash among the pro-government lawyers but this trick was not successful because the masses were acute anger against Musharraf. It was the first time in the history of the country that the public was mobilized in the favor of Judiciary. Day by day, the movement was going up rising. The Government Officials presented their case on media talk shows but it was very difficult for them to defend the CJP crisis because it was the apex case in the legal history that a sitting CJP was suspended and special Reference sent to the Supreme Judicial Council. Charges were frame up by the President, to abuse of position, abuse of powers, and extra ordinary protocol. The lawyers realized; Musharraf had made a big blunder and unconstitutional step. Actually, Musharraf Government was highly irritated by CJP’s extra ordinary Suo Motto action in administration affaires of the State. Finally, over the Pakistan Steel Mills (PSM) verdict proved last nail in the coffin, it was the decisive moment; Musharraf thought CJP must be stopped. Later on the “Reference”37 was decided in favor of CJP and Iftikhar Chudhary restored and assumed the office on July20, 2007. The relationship between government and judiciary was not ideal and cordial;

36Shoaib A. Ghias, Miscarriage of Chief Justice: Judicial Power and the Legal Complex in Pakistan under Musharraf, Law & Social Inquiry Vol. 35, No. 4 , Fall 2010, Published by Wiley on behalf of the American Bar Foundation, p.4 37The struggle of the lawyers’ community supported by political parties, the media, members of civil society and, above all, the common people of Pakistan from March 9, 2007 to July 20, 2007 is a landmark movement in our history. The restoration of the CJP was the first step towards the revival of democratic civilian rule and the independence of the judiciary in Pakistan. The people’s power was overwhelming. It was due to the masses of Pakistan that the periods from March 9, 2007 to July 20, 2007, from November 3, 2007 to March 16, 2009 and from March 9, 2009 to July 31, 2009 became milestones for blocking any future military takeover. The second restoration of the CJP on March 22, 2009 was not the triumph of an individual but a victory of democratic forces. It paved the way for the revival of democracy and the independence of the judiciary. On July 31, 2009, a categorical ruling was given against the unconstitutional acts of Musharraf and action was taken against all judges who took their oaths under the Provisional Constitutional Order (PCO) of November 3, 2007. 252

Musharraf accepted the decision with bitter heart. The silent revelry was continued between them. In August, the election schedule of President of the Pakistan was announced, the term of the Presidency was come to end on 2007. Pervez Musharraf was elected President of the Pakistan in Referendum, 2002, and his tenure was started from October 2002 to October 2007. The lawyers again provoke and challenge the eligibility of Pervez Musharraf in Presidential Election 2007 in Uniform as COAS. The CJP started hearing and granted permission to Pervez Musharraf conditionally to contest the Presidential Election in Uniform. However, the Court imposed restriction on ECP not to announce the official result until the court decides the matter. It is interesting to be noted, the candidate of Presidential Election, Justice (R) Wajih-ud- Din challenged the eligibility of Musharraf. Although, Mr. Wajih-ud-Din loses the Presidential Election and Pervez Musharraf wins very swiftly but he could not take the oath for next term of Presidency due to the Supreme Court’s Order. Supreme Court stops ECP not to proceeds furthermore until the final verdict. Musharraf made a deal with Benazir Bhutto on October 6th, he issue an Ordinance National Reconciliation Order, NRO. According to the NRO, from 1985-99 mega, cases of corruption, abused of power, abused of status by politicians and bureaucrats were withdrawn by the government. Major beneficiaries were PPPP, MQM, ANP, PML, Q and civil military high officials. Thus, the lawyers acknowledge about the Ordinance, they challenge in to Supreme Court. While, government defended that, such measured will creates healthy atmosphere in country, because cases were running over decades and there was no any productivity. Government resources and precious time of judiciary was wasted in this way. The Lawyers stated that Musharraf favored his loves ones and it was political complexness for Musharraf. 38 Supreme Court served the show cause notice over NRO. Now confrontation stated between Judiciary and Govt. Political situation were worst to worst. Moots were continued over NRO, Musharraf takes a huge destructive steps and beyond the constitution. He again imposed the Martial on November 3, 2007, and issued the Provisional Constitutional Order 2007. He suspended the Constitution of Pakistan, and detained the all Supreme Court Judges. Sardar Abdul Hameed Dogar was invited to take the oath as new CJP under the PCO. Six more Judges took the oath as Judges of Supreme Court. This action of Musharraf adds the fuel on fire for Lawyers Movements. Few months ago, lawyers

38Alaa, M. Bokhari, The Constitution of Pakistan Issue: Challenges and Options, Journal of Political Studies, 2007, p. 5 253 were demanding to restore the Chief Justice only, but now they were demanded to restore the Judiciary and also Iftikhar Chudhary as CJP too. They rejected the PCO by Musharraf. Lawyers started the movement on masses level. The Lawyers Movement was appreciated by the entire field of life and all over the country. Only because of Lawyers Movement, Pervez Musharraf was declined day by day. Later, Pervez Musharraf said, why he took unconstitutional step, he explained the government was too much bothered due to the interferer of the Supreme Court. The efficiency and moral of the government was decreased, so I just want to eliminate the crises nothing else.39 However, reasons behind was entirely opposite, Intelligences Agencies had warned to President Musharraf, the verdict may be against him. So he decided to go the extreme point and do the action. During PCO 2007, most of Judges were house arrest, total 102 Judges and 89 Judges were detention and rest of Judges took the oath and started the function as judges.40 In this circumstance, the media and the Judges were ban. The lawyer’s community started agitation against the dictatorship of Musharraf. The civil society joined hands to hands among Chudhary Aitzaz Ahsan, Ali Ahmed Kurd, Tariq Mahmud, Malik Munir Ahmad, Hamid Khan, Rashid Ahmed Rizvi, Rana Ejaz Ahmad, Athar Minaullah, and Syed Zamured Ali. The famous personality of Lawyer’s Movement, Rashid Akhtar Rizvi expressed his comments on Musharraf era, the problems of the country were not solved by the dictators, and even they were enhanced after their departure. He said the dictators rule the country about 8 to 10 years they demolish the institutions and controlled the democracy.41 He further said it is necessary to establish democracy in country to stop the path of Martial Law. Mr. Rizvi said that the crimes of Pervez Musharraf are countless and he molested the constitution on two occasions. The referendum was totally unconstitutional, the suspension of judges and detention are heinous crimes of Pervez Musharraf, he must be trail against under Article 6; so that in future no one General might not revised such expedition. Rashid Rizvi said last nine years rule of Pervez Musharraf, only Pervez Musharraf has got the stability but the political institutions of the country destabilized. Ex-Chief Justice, Sind High Court, Wajih-Din said any law on restoration of judges would fetch very serious ramifications and the best way is

39Rizvi, Murtaza, Musharraf: the Years in Power, New Delhi: HarperCollins Publishers India,2009, p.276 40Haris Gazdar, Judicial Activism vs. Democratic Consolidation in Pakistan, Economic and Political Weekly Vol. 44, No. 32, Published by Economic and Political Weekly August 8-14, 2009, p.4 41Daud Munior, Straggling for the Rule of Law: The Pakistan Lawyer’s Movement, Middle East Report, No. 251, Summer 2009, p.3 254 executive order, which, however, has to be only a formality to keep the government at upper hand.42 CJP Chudhary Iftikhar “No” turn table of Musharraf, he demanded immediate restoration of the deposed judges, lawyers have discarded the mode of presidential ordinance for their reinstatement as well as any minus one or minus two formulas, which the PPP government is mulling to keep Justice Iftikhar Chudhary out. He unequivocally rejected any other mode except restoration of judges through an executive order, which had to come through the president not as a necessity but a formality to keep the sovereignty of the government up. He said the whole nation wanted restoration and if the judges announced a timeframe for their return to the office, the people carrying them on shoulders would lead to them to their seats. He said lawyers struggle would not end at restoration of judges, but till the country has a system of justice which fairly and squarely punishes the offender and rewards the innocent. Justice (R) Wajih-ud-Din said lawyers were ready to observe silence over the retention of PCO judges but only those who were holding the office on November 2nd, while the rest must go back to their original position for the reason; they were brought in by Musharraf so they too need to go with him.43 The former judge said it were not the Suo Moto notices which irritated Musharraf but the fact that he had to contest the presidential elections and wanted to have a subdued judiciary which in case of his candidature matter before the court, does not pass an unfavorable decision. He said Justice Iftikhar Chudhary turned the tables on Musharraf and ultimately brought about his downfall. The subsequent movement by the lawyers not only imparted awareness to the masses and united them under one banner but also factored a big change in the political horizon of the country where exiled leaders were allowed to come back and their parties through elections provided a solid democratic base to the country.

He said from November 3, 20007 to December 15, 2007, Musharraf took a lot of unconstitutional steps need to be struck down. He said judiciary in Pakistan would become nonexistent if the package is carried through. He rejected the package and called for restoration of judges through an executive order and extension in the length of service of those deposed judges, who retired after November 3, matching with the duration they remained out of office because of PCO. Ex-President of SCBA, Hamid

42Haris Gazdar, p. 6 43 Daud Munior, Straggling for the Rule of Law: The Pakistan Lawyer’s Movement, p.5

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Khan, President LHCBA Anwar Kamal, Member Pakistan Bar Council, Hafiz Abdul Rahman Ansari, former President LHCBA Ahmad Awais, Secretary SCBA Amin Javed Chudhary, former Secretary SCBA Zulfiqar Ali Bokhari and Muhammad Azhar Saddique were at the seminar on “Restoration of the Judiciary”. They said Musharraf should not make the issue an ego matter about the respective Judiciary.44 Munir Ahmad Malik, Ex-President of the SCBA, hoped that the deposed judges of the superior courts would be restored immediately after the resignation of Musharraf.45 He termed the restoration of November 2 Judiciary a pre requisite for strengthening the democratic institutions in the country.

President Islamabad Bar Association Ikram Sheikh said Musharraf’s resignation was a good omen for democracy and free judiciary in the country. He said Musharraf’s resignation was expected as he was realized the repercussions of the impeachment process.46 We hope the deposed judges would be restored immediately and parliament and judges would work according to the Constitution for the welfare of the whole nation. Attorney General, Malik Qayyum said the Pervez Musharraf’s resign was up right in the prevailing circumstances and in the larger interest of the country. I advised him not to challenge the charge sheet or the impeachment move in the court I was very much clear about the issue. This was my honest advice, the AG said. “The decision has avoided confrontation between the Presidency and Parliament,”47 Hamid Khan laid stress on trying Musharraf for high treason as he did very grave crimes to the nation. He vowed to bring Musharraf back and take him to task even if he would leave the country or the rulers would avoid taking action against him. He said not only Musharraf but also every other who abetted his crimes must be brought to book if the country needs to put the judicial system on the true lines of right and wrong.48 He also discarded stay of PCO Judges with the deposed judges in the judiciary and said, such a move would amount to blending the right with the wrong, which can never happen. Muhammad-ul-Hassan, PBC, Karachi, declared Musharraf as a national criminal and said that he deserved strict accountability. He said that military personnel broke the

44Daud Munior, Straggling for the Rule of Law: The Pakistan Lawyer’s Movement, p.7 45The Daily Jinnah, Lahore, August 19, 2008 46Muhammad Akram Sheikh, Revival of the Constitution and Judiciary in Pakistan, Policy Perspectives , Vol. 5, No. 3, Published by Pluto Journals, July - December 2008, p. 3 47Shoaib A. Ghias, Miscarriage of Chief Justice: Judicial Power and the Legal Complex in Pakistan under Musharraf, Law & Social Inquiry, p. 8 48Dr. Mughees Ahmad, Legitimacy Crisis in Pakistan: A Comprehensive Study of the Political Behavior, Journal of Political Studies, 2010, p. 7 256 backbone of the judiciary of Pakistan. He suspended the Chief Justice and detained 60 Judges. He also launched a military operation on Lal Masjid and pleased the foreign powers by killing innocent children. He celebrated the tragedy of 12th May by arranging a musical and dancing function in Islamabad.49 The murdered the patriotic politician Sardar Akbar Khan Bhugti is worth condemnable. He further said that Musharraf applied the law and constitution only for his sake. Rana Ejaz Ahmad Khan reviewed the “Rule of Musharraf” said it is only happened due to the Lawyers’ Movement and if the lawyers had not initiated the Restoration of Judiciary movement then perhaps Musharraf would have found way for committing some other national crimes. He said that there should be complete accountability of Pervez Musharraf as he violated the constitution on two occasions and almost equally demolished the judiciary.50 Hence, there is a long list of the crimes of Musharraf but to stop the repetitions of such actions in future Musharraf’s trial under the Article: 6 are compulsory.

While criticizing the Musharraf’s rule, he said that the military generals have been operating upon the constitution according to their needs and simultaneously, have been introducing the political system of their liking so that they may spend maximum time in this environment. Former Senior Judge of Supreme Court Mr. Justice Rana Bhagwan Das said that our Bench of Seven Judges had declared Emergency, Martial Law and PCO as defunct and the notification was sent to the President’s House, Prime Minister, all the four Provincial Governor and the Chief Justices of all High Courts.51 We had also sent to media to broadcast it and we are determined on our point that our notification was legal and constitutional. Ex-Justice Rana Bhagwan Das said that taking oath under PCO was unconstitutional and decision of Supreme Court. The judges appointed in this way cannot hold courts and it would be complete deviation from legislation.52 There is no need for judges to create disputes, but if the locks are removed then the judges after consultation would vie for the improvement of situation. This on the part of government was not true that after the imposition of PCO

49Shoaib A. Ghias, Miscarriage of Chief Justice: , p. 9 50Mathew J. Nelson, Pakistan in 2008: Moving beyond Musharraf, Asian Survey, Vol. 49, No. 1 February 2009, p. 6 51The Pakistani Lawyers Movement and the Popular Currency of Judicial Power, Harvard Law Review Vol. 123, No. 7, Published , Harvard Law Review Association, MAY 2010, pp. 1705-1726 52Adeel Khan, Pakistan in 2007: More Violent, More Unstable, Asian survey, Vol. 48, No. 1, February 2008, p. 5 257 the decision has come. He said that the court could suspend any illegal notice without hearing. Former Justice Javed Iqbal said if today we review the history of Pakistan’s politics then it is very painful to observe dictator or personal rules and the motherland remained in the grip of dictators for very longer durations, which deteriorated the national institutions.53

Chudhary Aitzaz Ahsan said, he hoped former president Pervez Musharraf would not flee from the country, he said there should be a free and fair trial for Musharraf according to the Article 6.54 He said CJP, s No started the dawn fall of the Musharraf. He says next president could be from PPPP and soon the deposed judges will be restored. He congratulated the nation on the resignation of Musharraf. Babar Sattar cemented on the departure of Musharraf. He said it all becomes true because of lawyers movements. He further said, the treatment we mete out to Musharraf will have consequences for the rule of the law and constitutionalism, our civil military imbalance as well as the lingering ability of foreign actors to dwarf our sovereignty and political autonomy. Let us also remember that ball is now in the politician’s court.55 In this context, it is the contemplation of every citizen not to give safe path to the fourth dictator in the background of constitution, parliament and the exaltation of democracy. To give Pervez Musharraf a safe path would mean giving the ugly tradition of breaking the constitution security and strength. Those who intend to do this may be made the mark of admonition. His thinking is not meaningless and we think that the current parliament is very proud, which has clearly refused to give any type of protection or indemnity for the violation of constitution on 3rd. November. The dictator would have to face punishment of his crime. Now about the restoration of judges, now there is no obstacle in tier restoration. Now it is the duty of our present democratic parliament to review the dictatorial amendments, which are against human rights and the spirit of democracy must be abolished with national consensus.

53Muhammad Akram Sheikh, Revival of the Constitution and Judiciary in Pakistan, Policy Perspective, p. 4 54The Daily News, Lahore, August 19, 2008 55Haris Gazdar, Goodbye General Musharraf, Hello “Troika”, Economic & Political, Weekly, Vol. 42, No. 50, December15-21, 2008, p. 6

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7.3 Critics of the Mass Media

It is an essential reality in homeland the journalism has not achieved the much status which was it deserved for. In past few years, the progress of media industry gained much respect it was a unique feat of General Musharraf. In past, formative phase of Martial Law like Ayub Khan and Yahya khan and Zia-ul- Haq the journalism have to face a lot of sanctions and it was specially the target on several occasions. But with the passage of time and with changing trends, the significance of journalism in society had been highlighted. The Musharraf‘s Government takes the credit of the matter that he extended uncountable privileges to the journalists and a revolution was observed in the field of journalism inside country. It is an acclaimed fact that the credit goes to Musharraf. By start of new millennium, two blocks of media industry was emerged, one was Print Media and second Electronic Media. The electronic media was glorified through TV Channels in Musharraf era. Day by day, the media developed its roots amongst the public, it needs, and the importance was increased. After 9th March, the attitude of the government was entirely changed and the government considered the media men as its enemies. The electronic development produced a new wave in journalism against govt. In Pakistan, the first time TV Talk Shows gained popularity after the TV Serials & Plays among the viewers; talk shows were gained popularity in the support of CJP Iftikhar Chudhary and it was so difficult for the officials to defend the government stance. Musharraf targeted the media and followed the previous dictators. He amended the Press & Publication Ordinance 1997,56 District Coordination Officers (DCO) were empowered the special authority to cancel the declaration of those newspapers, who were against the government policies. The Ordinance was also implemented for the Electronics Media. During the Judiciary Restoration crisis along with the Lawyer’s Movement, the positive role of the press also came to the fore. When Pervez Musharraf sensed loosening his grip on the public opinion, he special targeted the journalism and imposed Emergency of November 3rd, 2007. On the eve, numbers of journalists have to face penalties, sanctions and some of the TV Channels faced the shutdown. In addition, another weapon of the government was used as a tool to stop the official advertisements but the favorite Newspapers and

56Adeel Khan, Pakistan in 2007: More Violent, More Unstable, Asian survey, Vol. 48, No. 1, February 2008, p. 3

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TV channels were still enjoyed the government favor in this regard. Pervez Musharraf ornamented journalism with a number of privileges in his rule and when required they faced economic sanctions and he would take out his anger on journalism. Similar, Gareth Price said to analyze the Musharraf era, the entire tenure of Musharraf is replete with such deeds that according to him was in national interest. He began hid national interest from the event of October12, 1999, which was the collection of all wrong doings.57 The removal of an elected Prime Minister and his desire to rule the country was not a new thing. After 9/11 Event, the unnecessary support of USA was not in national interest. While Lt. General Mehmud Ahmad and Ambassador of Pakistan in USA, General (R) Jamshed Gulzar are part of recorded statement and also the statement of Richard Armitage has also been made public, that the acceptance of all these demands by General Musharraf was beyond our apprehension that he would acknowledge the agenda . He never did so for the interest of the nation but for the completion of his own non-democratic agenda. Mrs. Benazir Bhutto was also in same views and said that in this regard all the politicians must have been consulted.58 She further said, In the Northern Area of Pakistan, the US intervention and army operation were launched only and only on the permission of General Pervez Musharraf. Dr. Abdul Qadir Khan enjoys the status of a fairy tale hero among nation. Although, the nuclear project had been under the influence of Pakistan-Army and in the transmitting of material without the involvement of high officers of army is out of question. Therefore, it is a pity act; Dr. A.Q. Khan was presented as a pocket picker and robber. It was not in the country’s interest but the contemporary colleagues were given safe path. Mr. Haroon Rashid termed about Musharraf era, this tenure as a tempest time. The murder of Akbar Bhugti was due to his personal animosity and not in national interest. General Musharraf clearly threatened that it was not era of 1970; you would be targeted by a blind bullet, so avoid statements for being a national leader. He said Akbar Bhugti was buried against his will and Baluch traditions, its created bitter relations between Baluchistan and Federation. Haroon Rashid declared Chief Justice Suspension, 12th May Tragedy, Lal Masjid Catastrophe, Presidential Elections, November 3rd Emergency and the Martyrdom of Benazir Bhutto as hard blemishes on part of Musharraf. He finally declared Pervez Musharraf is not national hero, he

57Gareth Price, Anyone for a Deal, The World Today, Vol. 64, No. 1, Royal Institution of International Affairs, January 2008, p.2 58The Daily Dawn, Lahore, August 19, 2008 260 violates the constitution constantly and act always against the law, and he must be prosecuted in open trial. He said, Musharraf raises the slogan “First of all Pakistan” it was vague, because his personality was first. The Columnist, Chudhary Aslam Warrach termed on, he still remembered the prediction of late Majeed Nizami as he anticipated that due to the recent events of 9th March, Musharraf could not pull along his rule for more time. As Majeed Nizami had seen the dictatorship of Ayub Khan and in this perspective, he saw the reflection of Musharraf’s downfall59. Pervez Musharraf could not seek help from his foreign masters to save himself from the coming change. However, the foreign masters of Musharraf could get only a safe path, while the expectations of Musharraf were much higher. Prof. Dr. Rafiq Ahmad, member of “Nazria-e-Pakistan Trust” said, in the downfall of Musharraf the major part was played by him, he always desired to resolve the problems through power and military style.60 Musharraf has to faced the extreme reaction rather hatred of the public due to imposition of pro western agenda in Pakistan. Renewed Columnist, Reporter and Anchor Person, Hamid Mir has termed very analytical and comprehensive comments, the Pervez Musharraf’s government was as non-political and controlled democratic era.61 Pervez Musharraf had decided earlier that two significant leaders Benazir Bhutto and Mian Nawaz Sharif would not play any important role in politics. He always applied blind power with over self- confidence and the help of his military companions. On November 28, 2008, when he put off his Military Uniform, to whom he called his skin, then in the unkind political scenario, he could not play his role in the national politics. Ultimately, he fled away because it is very difficult for a retired General to play politics without military uniform. but it is very difficult for Retired Army General. He committed number of mistakes; he used to flirt with the Constitution, controversies with Judiciary, Media tension, Lal Masjid Operation, Bhugti Murder, NRO and November 3rd Emergency. In August 18th, the political parties of Pakistan compelled to COAS and President of Pakistan to resign. Hence, the chapter of Musharraf’s rule ended. If the country’s history is reviewed then it will revealed that strike is hit on the national tragedies and federation during the military dictator’s rule62. According to Irshad Ahmad Haqqani,

59The Daily Nawa-e-Waqat, Lahore, August 19, 2008 60Haris Gazdar, Goodbye General Musharraf, p.7 61The Daily Jung, Lahore, August 19, 2008 62Matthew J. Nelson , Pakistan in 2008: Moving beyond Musharraf , Asian Survey, University Press of California, Vol. 49, No. 1,California, USA, February , 2009, p. 5 261 he highlighted the role of Army in national politics and said that the suspension of constitution and abolished the political system is very normal practice for the generals. In Pakistan, the dictators are just like suicidal bombers for the political system.63 The politicians have never abrogated the Constitution of the Pakistan, but the generals have attacked on the constitution several occasions. Besides, the execution of prime minister, murder and exile are common tradition in politics. Because there is no accountability of military generals and neither any case was registered against under Article 6 in past. In Ayub Khan and Yahya Khan Era, the characteristics of Article 6, was not existed so, they are exempted of charges, the judiciary has always kept the concept of necessity alive and even today this practice persists. According to the Constitution, we neither conducted the accountability of General Zia-ul-Haq and General Pervez Musharraf. General Zia-ul-Haq met with a tragic air crash, but the crimes of General Musharraf are grave. The politicians who committed small mistakes were awarded heavy punishments, but the military generals even after molesting and desecrating the constitution, deteriorating the judiciary and bathed the whole nation with blood of terrorism,64 are accorded warm send off with guard of honor from the President’s House even after they are dismissed.” All the four provinces casted total 29 voted in favor of General Musharraf, Sind and Baluchistan casted no vote. Now it was the demand of politics and politicians to initiate the accountability of Musharraf. 65 The national issues of country have never solved by the military rulers nor these have reduced after their exit but after them for a longer period, the impacts of military dictatorship could be observed. After General Zia-ul-Haq and General Musharraf, the sectarianism, ethnicity, terrorism, suicidal attacks were the gifts from the dictator eras. The Columnist, Mr. Irfan Saddique expressed his views, the August 18th, would be remembered as a “Day of “Najat,” finally the Musharraf era came to an end. He said that Musharraf during last nine years frightened the politicians with the black laws.66 The traditions of taking sacred oath was broken by him, he founded a political party and designed the democratic institution according to his wish. He also accomplished such a political system, as Musharraf retained all powers. Musharraf’s era is

63The Daily Jung , Lahore, August 19, 2008 64 ibid 65Lt. Colonel Inderjit Singh & Tara Singh, Military Rule Versus Civilian Rule: An Analytical Study on the People’s choice of Leadership in Pakistan, International Journal of Humanities and Social Sciences, (IOSR-JHSS), Vol. 1, No. 8, USA, 2011, p. 9 66The Friday Times, weekly , Islamabad, August 22-29, 2008 262 memorable for the molestation of constitution, judiciary and human rights. Irfan Saddique further said Pervez Musharraf was complete unaware about the consequences of Kargil expedition; hence he put the burden of the debris of his defeat on the political government and referred Washington USA. On October 12th, Musharraf declared as victorious, actually his loyal friends led a silent revolution in his absence. The political wisdom of Musharraf was exposed when the US President contacted him on 9/11 Tragedy. He could not tolerate very little pressure, and approved the condition of US Ambassador and in exchange achieved the certificate to rule in Pakistan. He opened the door of country for Americans and very soon, Pakistan becomes an American’s Colony. In politics, Pervez Musharraf began to nurture his political agenda. General got birth from the womb of lawlessness and violation of constitution. Every dictator has declared his illegal step was dire need of the country; his legitimacy remains a question mark. During his rule, Musharraf took advantage on every step but after 9th. March the luck deserted him. Due to consistent wrong decisions Musharraf became a victim of decline and committed Lal Masjid Tragedy, Presidential Elections, NRO, 3rd. November Martial Law and Martyrdom of Benazir Bhutto made Musharraf as mentally paralyzed. After the General Elections 2008, Musharraf received only 29 votes from four Provincial Assemblies, Baluchistan and Sind abstained from casting any vote in favor of Musharraf. Musharraf should have apprehended the situation much before that greed for power forced him to ignore them and the prevailing situation defeated the general convincingly. Famous Journalist, Columnist, Reporter and Anchor Person, Saleem Ahmad Safi, stated about the Musharraf’s Era. He said that Musharraf era was very long and Pakistan had to watch a numbers of crises in this tenure.67 Furthermore, new experiences were observed in democracy. He said that old tales genies, magician, and the power of fairies have their souls in some bird; similarly, Musharraf has his real soul and power in military uniform. He was promised to put off the uniform earlier in 2003, he approved a constitutional amendment and MMA fully fledged cooperated with him. However, he back out his promise but on November 28, 2007, he put off his uniform. Then he could survive for only few months in politics of Pakistan.68 Hence, he retrieved only with one attack of his opponents and departed from the street of

67The Daily Dawn Lahore, August 19, 2008 68Kamran Khan, 17th Constitutional Amendment & Its Aftermath: The Role of MMA, Pakistan Vision, Vol.9, No.2, 2005, p. 14 263 politics. 9th March was perhaps the most unfortunate day for Musharraf; he committed the biggest blunder of his life and sacked the Chief Justice of Pakistan.”69 Reaction of the blunder came out in result of Restoration Movement of Judges and Judiciary. In July, The Judiciary put the concept of necessity aside and restored CJP. This situation was tolerable for Musharraf. Eventually, Musharraf turned towards Mrs. Benazir Bhutto and issued the NRO. Again, he took the most controversial step of Pakistan’s history on November 3, 2007, by detained all Judges of Supreme Court in their homes. Musharraf established the “Dogar Court,”70 amended the constitution and mini Martial Law remained for 45 days. According to the Saleem Safi, “Establishment of Pakistan” could not achieve desired results in Musharraf’s government on three occasions; first instance was Chief Justice’s Restoration, second Martyrdom of Benazir Bhutto and third victory for PPP and PMN-Q and defeat of PML-Q in Election 2008.71 The assassination of Benazir and defeat of King’s Party put brakes to the advancement of Musharraf. The Dawn expressed in its editorial as “Exit Musharraf” President Musharraf bowed to the inevitable and announced his resignation. Here, at last was the moment, the overwhelming majority of the country’s politicians had been hoping for it. Most will wonder why it took the president so long;72 some will rue the lost opportunity to impeach him. What is incontestable is that the country must move on from this crisis quickly. The four party coalitions at the centre told the country in no uncertain terms that governance would be impossible in the shadow of President Musharraf. Now that that hurdle has removed itself, the field is open for the politicians to address the most pressing problems facing the nation. Determining what the priorities ought to be is not

69Mohindra Rupram, Musharraf: The Embattled Pakistani President Will Stay in Power, Harvard International Review, Vol. 30, No.2, USA, Summer 2008, p. 5 70Abdul Hameed Dogar was a jurist who served as the former Justice of Sindh High Court, before being appointed Chief Justice of Pakistan by President Pervez Musharraf, after he dismissed the superior judiciary and declared emergency rule in 2007.Following Musharraf's resignation and the general elections of 2013, the judiciary was restored in 2009. On July 31, 2009, the Supreme Court of Pakistan ruled that the taking oath on PCO was not legal and that Justice Dogar was never a Constitutional Chief Justice of Pakistan as the office of the Chief Justice of Pakistan was never vacant by the de jure Chief Justice, hence treated him the de facto Chief Justice of Pakistan by protecting his all administrative, financial acts and any oath made before him in the ordinary course of affairs of the office of the Chief Justice of Pakistan, except the recommendations made by him in respect of appointments and reappointments for the offices of the superior judges. Following the Proclamation of Emergency] by General Pervez Musharraf as Chief of Army Staff, on 3 November 2007. Justice Dogar took oath on Provisional Constitutional Order (PCO) and was administered the oath of office of Chief Justice of Pakistan. 71The Daily Jung, Lahore, August 19, 2008 72The Daily Dawn , Lahore, August 19, 2008 264 difficult: militancy, the economy and relations with India and Afghanistan need to be addressed urgently. Solutions, however, may prove more elusive. Indeed the nature of the problems is such that they may get worse before they get better. However, at the very least the politicians must show the same purpose and focus in dealing with these problems that they have demonstrated in taking on the president. Immediately, however, two issues will need to be addressed. First is the restoration of the non- functional judges of the superior courts. The judicial crisis, which was the catalyst of the president’s downfall, needs to be resolved clearly, unambiguously and quickly. Second is the election of a new president. According to the constitution, the president has enormous powers that reach deep within the institutions of the State, which makes it a highly coveted post. The coalition must quickly nominate and elect a joint candidate as president and avoid lengthy political bargaining. The Dawn, quotes “Musharraf must face an open trial” the nation is heaving a sigh of relief as one of the most painful phases in Pakistan’s history has ended with Musharraf’s resignation.73 Musharraf dismissed the judges and violated the constitution. His greatest crime was that he compromised Pakistan’s national interests to consolidate his power, while allowed the US forces to conduct air strikes on Afghanistan. Now Musharraf was trying to save them from the Taliban. Musharraf used the intelligence agencies to rig the Elections 2002 to enable the supporters of religious militants and Lal Masjid extremists, the politics of fear and blackmail was practiced, fully exploiting the apprehensions of Pakistani and the West of religious extremists.74 This double game was played to a degree where it forced a former. Ex- Lt. General Faiz Ali Chishty to make a shocking statement; Mr. Chishty said he would not be surprised if Musharraf engineered terror attacks to manipulate his image in the West. “Musharraf is an intellectually dishonest person. He was a clever ruler, he deal with the USA and the West that he can only effectively deal with Al- Qaeda.”75 Chishty said, some so-called pragmatists advocate a cautious approach to Musharraf’s accountability lest the khakis get upset. However, Pakistan’s history tells us that letting dictators go unpunished for their crimes against the state. Mr. Bhutto never trial the generals as they were recommended by the Hamoodur Rahman Commission. Later, he regrets his policy of appeasing the army. Mr. Christy quotes

73The Daily Dawn, Karachi, August 20, 2008 74The Daily News , Lahore, August 19, 2008 75The Times, London, January 27, 2008 265 the reference of Mr. Bhutto, he wrote these prophetic words in his book “If I am Assassinated,” If a coup d’état becomes a permanent part of the political infrastructure, it means the falling of the last petal of the last withered rose. It means the end.” He added If India had suffered the Martial Laws and military dictatorships on the pattern of Pakistan; India would have been in three or four separate pieces by this day. India is more heterogeneous than Pakistan but India has been kept in one piece by the noise and chaos of its democracy.76 Renewed Columnist and Journalist

Shireen Mazaari express her views over the General Musharraf era, “Ending in a whimper with nothing revealed,” Musharraf finally called it a day, leaving almost in a whimper, and once again, Pakistan’s vulnerability to external interventions was highlighted. In the end it was the US and its allies Saudi Arabia and Britain that held sway over not only Musharraf’s decision to exit but also on how the PPP led government would allow this exit. Instead of past deals being revealed more deals were made.77 Famous Journalist and Columnist Mr. Najam Sathi termed on General Musharraf he said after one fitful year of stop go threats and negotiations; General Pervez Musharraf finally obtained the support of Parliament in 2003, MMA was part of the agreement to give up the post of COAS and as well as the President of Pakistan in Uniform . He compelled the MMA to agree the LFO was a part of the Constitution. As per Musharraf, these developments should strengthen democracy and set the stage for desperately needed political stability needed to steer the country out of rough waters. But we have serious reservations on both counts. Surely, by Strengthen such an unnatural democracy General Musharraf is further distorting the political system rather than straightening out its internal tensions and contradictions. Indeed, in critical ways, the Musharraf system today corresponds closely with the Zia system in 1988, the only difference being that whereas General Zia’s political and constitutional distortions were related to keep one popular leader out of the loop, General Musharraf’s distortions have confined two popular leaders to the wilderness. This leads directly to the conclusion that the Musharraf system is dangerously unstable. Its longevity and stability depend on two critical factors; First General Musharraf should

76Z.A. Bhutto, If I am Assassinated, Karachi, 1979, p.178; Copyright www.bhutto.org. From his death cell in Rawalpindi, ousted Prime Minister of Pakistan Zulfiqar Ali Bhutto wrote his final testament. Under trial for authorizing the murder of a political opponent, Bhutto writes a scathing denunciation of military dictatorship, rebuts the allegations against his government made in General Zia-ul-Haq's White Paper, and hints at his greatest achievement. 77The Daily Times, Lahore, August 19, 2008 266 not meet the same fate as General Zia that his carefully constructed parliament should not meet the same fate as befell General Zia’s carefully nurtured Majlis-e-Shoora in 1988. However, if the first is a sincere prayer, the second could be a forlorn hope.78 Unlike Zia’s Majlis-e-Shoora, which backed him to the hilt on all critical issues, the current parliament is likely to demonstrate bitter divisions over all major domestic and foreign policy initiatives taken by General Musharraf so far. Indeed, the MMA and the ARD are likely to use the platform of parliament to try to derail or stonewall many significant and necessary policy shifts by General Musharraf. The MMA’s hostility might be out of ideological conviction in order to draw mileage from the anti- American, religious, and nationalist sentiments in the country. Meanwhile, the PPP and PMLN join hands with the MMA partly out of political opportunism and partly out of bloody mindedness against General Musharraf for having excluded them from the mainstream.79 The role of the PMLQ was dubious too. Many PMLQ stalwarts sport beards in their stomachs if not on their faces, so they will probably be more inclined to compromise with the MMA rather than defend many of General Musharraf’s policies with any great gusto. Similarly, while they may tread cautiously until General Musharraf is still in uniform, they are likely to be egged on by their own ambitions and by the opposition to try and break free from the presidential straitjacket in 2005. There is no knowing whether a restive army would take over, or which way it would bend; or whether a simmering parliament would reassert supremacy and what it might do. Nor is it clear whether General Musharraf will be temperamentally able to live with an increasingly frustrating and aggressive parliament. Certainly, if he was compelled to pack up his own system before he is compelled to take off his uniform next year, we would be back to the beginning without having learnt one important lesson: if nature abhors a vacuum, political systems abhor unnatural dispensations with greater spirit and vigor.80 Certainly, civil society and the internal factors isolated him domestically, so that he was no longer a valuable ally for these external actors, but the links between our present political elite and our external detractors and allies are a dominant feature of the polity today.81 She said once again the public came on to the streets dancing and distributing sweets, as we always do regardless of who has been removed from power, I recall similar

78The Daily Nation, Lahore, August 20, 2008 79The Friday Times, Islamabad, January 2, 2004 80The Daily Nation, Lahore, August 20, 2008 81The Daily Dawn, Lahore, August 19, 2008 267 reactions when the Musharraf coup was happened. Perhaps, Pakistan would be better served by the nation expressing quiet relief at the end of a debilitating uncertainty and doing some soul searching as to why we are where we are today. How will things change with no Musharraf to pillory anymore? To begin with, let no one be under any illusion regarding any dignified distancing from the US. So the US moved away from Musharraf only after it had its other surrogates in place as well as the NRO sealed. In this context it will be illuminating for the nation to thrown light on all the deals and compromises made by Pakistan with USA post 9/11. Both on military and political levels, including how and why the NRO was put in place, which sought Musharraf to respond to the charges of an impeachment and reveal the deal making that goes on amongst the leaders of this much-abused country. Now that the blame game cannot be directed Musharraf's way, a lot of happenings in recent months are bound to surface and a newly invigorated civil society will raise questions, but the two immediate issues for the present rulers are the restoration of the judiciary and the election of the President. It is only when the political impasse is over, can the nation move in a cohesive way to deal with the growing crisis of domestic terrorism that is spreading its tentacles from FATA into the settled areas across the country? The Columnist Abdul Rauf wrote, “Pervez Musharraf has finally gone” the crucial parleys were expected to continue. As they proceed, a strategy to restore the judges deposed on November 3 is expected to emerge.82 The PML-N has already made it obvious this is a priority and many have begun the 72-hour countdown to this event that the coalition partners are reported to have said would be initiated with Musharraf’s ouster. Many had expected swift decisions. These should now be taken so that the past can be put behind us and a new beginning made. There is also the matter of choosing a successor to the outgoing president. A set of names is already doing the rounds including veteran leaders from Baluchistan. It is disquieting that other choices are apparently being made on the basis of kinship rather than merit. The allies have so far succeeded in ensuring a smooth exit for Musharraf.83 They must not now falter or fall into the trap of over confidence that has been the bane of so many leaders in Pakistan. The need is to act wisely, justly and in a manner that can ensure the interests of the country are put at the forefront and personal rivalries and tussles set aside. The success or failure of the coalition partners in deciding this will

82The Daily Dawn, Karachi, August 19, 2008 83The Daily Times, Lahore, August 19, 2008 268 determine a great deal of the future. At present, there can be no doubt there is a lack of confidence in the abilities of the government. A sense of apprehension has also come in some circles with the exit of Musharraf. The coalition partners must then reestablish faith in their abilities.

The News, quote “Pervez Musharraf’s exit from the Paradise” Pervez Musharraf’s exit from the presidency has reinforced the striking difference between the departure or ouster of military dictators and civilian rulers.84 There was no handcuffing, no house arrest and no manhandling when Musharraf quit contrary to what most prime ministers were subjected to when overthrown. He was actually presented a guard of honor and his staff lined up to wish him well. Ayub Khan, faced intense public agitation, he went after ten years of his Martial Law. He hands over the power to General Yahya Khan. Ayub Khan later lived peacefully in Islamabad till his death. President, Mr. Rafiq Tarar remained safe from any prosecution. Now another military man eases out smoothly for the first time with no likelihood of his prosecution for overthrowing the democratically elected government and other illegalities. His indemnity was part of the deal. Not only this, he was presented the farewell guard of honors at the Aiwan-e-Sadr, which showed that he was shown decency reserved only for a former military man. However, history is replete with violence as far as the ouster of prime ministers is concerned. There was mayhem all around and a large number of arrests took place when Nawaz Sharif was booted out of power. Military Generals ordered him to write down his resignation as prime minister on October 12, 1999, failed to squeeze his resignation, and he was placed under arrest. The entire Prime Minister House was under siege. Nawaz Sharif was not only arrested, humiliated and charged with serious criminal charges. He was also kept imprisoned for fourteen months before his exile to Saudi Arabia. General Musharraf banished Nawaz Sharif and Benazir Bhutto for eight years. When Muhammad Khan Junejo was dismissed, he was also unofficially placed under house arrest for some time. When Benazir Bhutto was twice sacked as Prime Minister, she was not met decent treatment. Mir Zafarullah Jamali, Chudhary Shujaat Hussain and Shoukat Aziz escaped any shabby treatment because they were the handpicked Prime Ministers of Pervez Musharraf. The News, “The inevitable has happened” Left with no options, President Pervez Musharraf has stepped down. His reign of nearly nine years has

84The Daily News, Lahore, August, 20,2008 269 ended. The nation has heard him speak for the very last time as head of state. His speech on this occasion, bordering towards the end on the maudlin, explains a great deal of what went wrong.85 Not because the many allegations leveled by Musharraf against the elected government are accurate; nor because, he, as he claims, is the nation’s sole savior, but because his assessment of his tenure contains so much evidence of delusion and a refusal to acknowledge that one man alone cannot have a monopoly on altruism and good intention. The fact is that Musharraf, who perhaps at the start of his tenure in October 1999, set out to serve Pakistan with greater sincerity then others, who came before him, left a considerable mark on the country. It is indeed sad he was unable to recognize sooner that vast gaps existed between his deeds and his words and that as many failures as triumphs dotted the path along which he walked through the years. In the end, his belief that he alone was a saint and all others villains worthy of little respect was a key factor in his undoing. History shows that the greatest of leaders Nelson Mandela, Muhammad Ali Jinnah and Mahatma Gandhi to name just a few are all men able to see their own weaknesses and admit boldly to mistakes. The presence of more women in assemblies at all levels has already had an impact on legislation and debate. Equally significant is the end to the separate electorate for minorities. It is true that these measures were due to the failures of implementation and commitment, brought no real end to the bigotry and violence these groups face in real terms, but alterations in discriminatory laws are a key to ending such wrongs. We must also give some credit to Musharraf for the many television channels that flicker across our screens, forever changing the face of news literally and figuratively in the country. The gradual eviction of such persons from the corridors of power may well have contributed to Musharraf’s growing megalomania. But the departure of Musharraf, even while denying all charges leveled against him in the impeachment charge sheet, also brings with it hope. The presidential resignation marks the first voluntary exit by a military dictator without another intervention in the democratic process by the army. The stance taken by the army chief in this respect is worthy true of praise. Now the field has been cleared, the alleged conspiracies that hampered governance ended, it is time for the elected government to show people their ballots were not wasted. The coalition partners must demonstrate they are capable of insightful leadership, political

85The Daily News, Lahore, August, 20,2008

270 wisdom and can live up to the task of guiding the country onwards along the path of progress. After all, Musharraf gone, they no longer have an excuse for failure. The BBC gave a comprehensive review on departure of Musharraf, “for nearly a decade Pervez Musharraf was the most powerful man in Pakistan.”86 His resignation marks the end of an era for a country facing enormous economic and security challenges. He would be remembered for many things. He overthrew an elected government by a military coup. He took Pakistan to the brink of war with India, only to launch a sustained peace process a few years later. In September 9/11, he declared full support for the US and became a key player in the American led war on terror. He was also responsible for modernizing many sections of Pakistani society. However, he brooked no opposition, and weakened important State institutions. In the end, he has fallen victim to hubris, the feeling that he was indispensable and he could do no wrong. He left Pakistan as a more fragile and fractured country than it was when he came to power.

Senator Anwer Beg said, the history would not forgive him. He manipulated elections, he hounded his opponents, and he became a dictator. It is not much of a legacy. His most significant international decision was to throw in his lot with George Bush and the United States after 9/11. He abandoned the Talban in Afghanistan and worked closely with the Americans in pursuing Islamic extremism.87 Military cooperation with the US has also become increasingly unpopular in Pakistan. As President, Pervez Musharraf never managed to persuade a majority of his people that he was doing more than fighting someone else’s war. He never tried to create an impression in Pakistan that we were fighting for our own country and our own good. Journalist and Diplomats Mrs. Maliha Lodhi termed on Musharraf era, he was all in all for eight years in the country but one and half years he faced intense public reaction, which he was never expected in his life, because he considered himself the most popular leader of Pakistan. However, the reality was quite different. She said, the public was sick with pervious politics so that Musharraf had warmed welcomed. The seven point agenda of Musharraf was very attractive but soon it was loose its real track. Musharraf experienced the LGS, Referendum and General Elections. He seized the power through the Seventeen Amendment and re-alive the soul of General Zia-ul-

86The BBC News, August 18, 2008 bbc.news.com 87The Daily News, Islamabad, August 22,2008 271

Haq.88 Although, he was never abused the Article 58-2b, but it was a huge threat for the parliament. She said, Musharraf was moderate as compare to Zia-ul-Haq. He liberalized the economy and the electronic media. He empowered the women and improved the standards of education. He also holds high office with no serious charges of corruption against him. He sacked the CJP, imposed Emergency and engineered his Presidential Election. He was too cock sure, and over confident. However, the ground realities had changed. Critics say one of the most damaging parts of his legacy is the fact that his disregard for civilian institutions has weakened the State. He encouraged the spread of military influence into all walks of life, and always appeared more comfortable with men in Uniform. He did not understand the importance of other institutions; he did not understand that a country of 160 million people could not be ruled by just one man. In some respects, he was a victim of his own success. The Musharraf era saw the emergence of a more assertive middle class, who were in the forefront of protests against his imposition of emergency rule. But towards the end of his presidential career even the economic accomplishments he could claim as his own were tarnished by the sapping negativity of months of political crisis.

The Columnist, Farah Naz Isphani termed on Musharraf era, the peoples are celebrated at end of dictatorship. For the first time dictatorship has ended through a constitutional process and the manifestation of people’s power. She said, the previous dictators handed over power to his successor in the army. The second handed over power only after military defeat and the permanent division of the country. The third was died with Boot & Uniform. General Pervez Musharraf was successfully forced to resign by a sustained democratic movement and the unity of the country’s democratic forces.89 It was a moment of victory for the public. Before resignation, Musharraf recounted his achievements. There was no mention of the fact that he had run afoul of public opinion, as if the people did not matter. She said his speech was reflective of the two prominent syndromes that have been the hallmark of all military dictators in Pakistan. These dictators believed that they are saviors of an ungrateful nation that would otherwise be led by incompetent albeit popular politicians. Legitimacy to them is just an unnecessary formality, which they bypass only for the greater good.

88The Daily New York Times, USA, September 11, 2008 89The Daily News, Lahore, August 20, 2008 272

The Columnist, Ayaz Mir critically examined the Musharraf era, he said, Musharraf was not a Tarzan, but an opportunist. He becomes a fake leader in absence of Nawaz Sharif and Benazir Bhutto. Ayaz Mir declared him as a fraud leader.90 He said, generals erroneously believe that by setting the statistical figures they can make the whole country happy. However, they are so disconnected from the people and their economic policies, while looking good on paper, and impressive to the foreign donors, often have no trickledown effect for ninety per cent of our population. They also conveniently forget that running a country is a function of politics, not just management. Politics is about winning the hearts and minds of people. That happens only when people feel you know their hardships, their needs, you eat with them and you open your doors to them. Similarly, Musharraf and his political aides failed to understand how they had consistently failed Pakistan politically. The way matters were handled in Baluchistan is a case in point. Musharraf thought that the physical elimination of a few prime political figures from Baluchistan would bring to an end the alienation of the province. However, it was a blunder that scarred the Baluch psyche to an extent that there has been a serious effort to break with the Federation of Pakistan. Similarly, Musharraf thought that he could control the politics to keep away Mrs. Benazir Bhutto and Mian Nawaz Sharif. All that across the board repression achieved was to create unity among the political forces. The disparate political outfits that were supported by him in an attempt to create his own kind of polity failed in their first real political test following Musharraf’s doffing of the uniform. He failed to understand why the people felt offended when he removed the Chief Justice from office. He could also not understand the nation’s anger over the imposition of emergency and the subsequent dismissal of judges of the superior judiciary. The surprise that General Musharraf expressed at his predicament was similar to that faced by previous dictators. Dictators fail to appreciate that politics has its own dynamic. Nobody cannot ignore the statement of Mrs. Benazir Bhutto said, “Democracy is the best revenge”. In the light of above statements, versions and criticism, different mindset have their own opinions. However, overall media were against the General Musharraf but very few voices were in the favor of Musharraf. In past era, media was special targeted but in recent Martial Law the credit goes to Musharraf, he not only gave the liberty to all

90The Daily Dawn, Karachi, August 24, 2008 273 media channels and adopted the very flexible policy. His government faced the criticism on TV talk shows very boldly. We had submitted the statements of different field of life. Most of the peoples were against the political, constitutional and legal issue of the Musharraf. Although, he brings the democracy back in the country, he also planted the democracy. He maintained the political and economic stability in country; his era was full of prosperity. He achieved a lot of victories on every front but the question still stands. Does the Musharraf era provide the strength to the country? After exile of both popular leaders, the political vacuum rise in country. Musharraf wanted the apex authority so he introduced the dummy Prime Minister. Musharraf era was just one-man rule. Musharraf was very powerful since inception but from 9th March he committed heinous blunder. Therefore, the dawn fall was started and finally, Musharraf knees down before the political forces and step down on August 18, 2008. The real power of Musharraf was the Uniform. When he puts off the uniform he could not survived in the politics. After the critical study to two rulers, the scholar has find out some of the similarities given as below: Similarities of Zia-ul-Haq 1. He got unnatural promotion and super seated by seven generals. 2. He severed as longest period of COAS March 1, 1976 to August 17, 1988. 3. He bulldozes the elected Government of Z.A. Bhutto on July 5, 1977. 4. He promulgated Martial Law and suspended the Constitution of 1973. 5. He had conflict with Judiciary and issue PCO March 24, 1981. 6. He established the NSC but could not give it constitutional cover. 7. He held twice time LGS Elections in Pakistan 1979-83. 8. He conducted the Referendum 1984 and used the Islam as a shield. 9. He gave longest time frame for election process, which consists of 18 month. 10. He manipulated the Elections Results 1985. 11. He nominated unfamiliar and worthless person for Prime Minister. 12. The allied political forces who strength the Zia’s era PML, JI, MQM, JUP. 13. The political Gad Father of Zia-ul-Haq was Zafar Ahmad Ansari. 14. He enhanced the seats of the National Assembly & Senate of Pakistan 15. He seized the power through 8th Amendment in the Constitution 1973. 16. USA declared him as front line partner in War of Afghanistan 1979. 17. He Ideological inspired by Islam and role model country was Saudi Arabia. 18. He had a tassel with India and standoff position on borders 1987. (Brass Tack) 274

19. He became dire need of USA in War of Afghanistan1979. 20. He visited India through the Cricket Diplomacy and met with Prime Minister. 21. The event of Black September 1970 Jordan, occurred in his life. 22. The father of General Zia-ul-Haq had served in British India. 23. General Zia-ul-Haq had issue of Siachen Glacier. 24. General Zia-ul-Haq was Mohajir and his family shifted from India. 25. General Zia-ul-Haq served in Pakistan-Army 45years. 26. General Zia-ul-Haq took oath as President & served ten years. 27. Z.A. Bhutto was age of 49, when the Martial Law was imposed. 28. Third Martial Law was imposed on Tuesday on July 5, 1977. 29. Zia-ul-Haq sent Benazir Bhutto on exile and she come back 1986. 30. Zia-ul-Haq departs from political in the month of August17, 1988.

Similarities of Pervez Musharraf 1. Musharraf got unnatural promotion and super seated by three Generals. 2. He severed as longest period of COAS October 6, 1998 to November28, 2007. 3. He bulldozes the elected Government of Nawaz Sharif on October 12, 1999. 4. He Promulgated the PCO1999 and suspended the Constitution of 1973. 5. He also had conflict with Judiciary and issue PCO on January26, 2000. 6. He established the National Security Council, NSC. 7. He held twice time LGS Elections in Pakistan 2001-05 & 2005-09. 8. Musharraf also conducted the Referendum 2002. 9. He also gave longest election process 18 Months. 10. Musharraf manipulated the Election Results 2002. 11. Musharraf nominated unfamiliar and worthless person for Prime Minister. 12. The political parties, which strengthened the Musharraf’s era are PML-Q, MMA, MQM. 13. The political God Father of Musharraf was Lt. General (R) Tanveer Naqvi. 14. He enhanced the seats of the National Assembly & Senate of Pakistan. 15. He seized the power through 17th Amendment in Constitution of 1973. 16. USA declared him as front line partner in War of Afghanistan 2001. 17. He was inspired by Mustafa Kamal and role model country was Turkey. 18. He had a tassel with India and standoff position on borders 2000. 19. He became dire need of USA in Afghanistan War 2001.

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20. He visited India through Cricket Diplomacy and met with Prime Minister. 21. The event of September 9/11, 2001 USA, occurs in their life. 22. The father of General Musharraf had served in British India. 23. General Musharraf had also issue of Siachen in military carrier. 24. General Musharraf was Mohajir and his family shifted from India. 25. General Musharraf served in Pakistan-Army 43years. 26. General Musharraf took oath as President & served seven years. 27. Nawaz Sharif was age of 49, when the Martial Law was imposed. 28. Fourth Martial Law was imposed on Tuesday on October 12, 1999. 29. General Musharraf sent both leaders on exile and they come back on 2007. 30. General Musharraf left the politics in the month of August 18, 2008.

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Conclusions: Since the man began to travel the social evolution, he required some rules to feel safe. He accepted some restrictions for his survival and progress. He adopted some principles of the Constitution made by the Legislative Institutions, when geographical boundaries of the regional and ethnic divisions led to the survival of the nation. For the existence and stability of the national aspirations, the rulers formulated the Constitution. Pakistan as a newborn state required a constitution, for the stability of the national institutions. In Pakistan, we witnessed a sharp tension between the Civil and the Military Bureaucracy from the very birth of our country. Initially, Civil Bureaucracy was holding the cake & eating it too. Soon the Military Bureaucracy replaced the Civil Bureaucracy. Frequent impositions of Martial Laws further facilitated this process by the Judiciary, because of his policy all key positions of State institutions were assigned to military power. Masses or their representatives were never allowed to play their role in the administration of the affairs of the state & this tug of war still goes on. The first Constitution was composed by the politicians on March 23, 1956, after a long delay. The Constitution was not accepted by some of the politicians like Sikander Mirza, and resultantly it was abrogated on October 7, 1958. General Ayub Khan introduced a new Constitution on June 8, 1962, but it also could not provide the political stability in country, because it failed to reflect the public interest. In 1973, the third Constitution was introduced by Z. A. Bhutto, with the unanimous agreement of all the leading political parties of the country. The continuation of amendments was started even from the Bhutto’s regime, since its adoption, to seek the power for personal ego. No doubt, some of the amendments were necessary for the national betterment but later on it become a tradition on the name of social, economic and political welfare, which badly damaged the national prestige and the character of the legislatives bodies. Pakistan’s political history has a long and exhausted journey of unconstitutional and undemocratic traditions having hurdles on the way of democracy, so we see the bitter tradition of undemocratic values, which always promoted in country. The Government of India Act 1935, still a role model for our politicians, because under the Act, Governor General was authorized to enjoy unlimited powers, and symbol of the unity for Federation. All the orders were approved by his authority, such as the appointment or the dismissal of the Prime Minister and the shuffling of

277 cabinet members. Although, the Prime Minister was the head of the cabinet but his position was much weak because he remain in power until the good will of Governor General. The miserable condition was continued from 1947 to 1958, likewise, Governor General, Ghulam Muhammad dismissed the Prime Minister, Khawaja Nazimuddin on April 17, 1953, and it continued again and again up till 1958. This practice was also adopted by the dictators, many times from 1969 to 1999. In fact, the political crisis and failure of the democratic system was actually the result of conflict between democratic and undemocratic forces. The dismissal of Khawaja Nazimuddin, Muhammad Ali Bogra, Chudhary Muhammad Ali, Hussain Shaheed Suhrawardi, Ismail Ibrahim Chundrigar, Firoz Noon, Zulfiqar Ali Bhutto, Muhammad Khan Junejo, Benazir Bhutto and Nawaz Sharif was the result of the power game. In British India, the Governor General decided the political fate of the country but after independence 1947, the actual power was transferred to the Bureaucrats and the Military Generals, which never allowed the democracy to flourish in the country. We see some of the solid examples; NWPF Govt. was dismissed on the charges of corruption, abuse of power and bribery. Chief Minister of Sind, Ayub Khuro’s Ministry was dismissed; the Punjab was not also remaining safe from these effects and in 1949, Chief Minister of Punjab, Iftikhar Mamdot was dismissed by the Governor General. Moreover, he dismissed the Central Cabinet of Khawaja Nazimuddin, on April 17, 1953, and again he dismissed the Prime Minister, Muhammad Ali Bogra and the Legislature Assembly of Pakistan on October 24, 1954. This tradition led country to political black hole and this tradition was continued by his successors. Ghulam Muhammad and Sikander Mirza damaged political system and promoted their hegemony, it would be right to say that they were the pioneers of all ill evils in country. They deserved strict accountability. These two personalities belonged to the bureaucracy but due to their malpractices, conspiracies and fragile political system they reached at the rank of the Governor General from power corridors. We can say it was the “Bureaucracy Coup”. General Ayub Khan promulgated the first Martial Law and launched Presidential System in the Constitution of 1962, it continued till his downfall on March 25, 1969. Later, General Yahya Khan took over as CMLA, and abolished the political infrastructure and immediately enforced LFO. After 1971, it was first time the political and military power combined in political personality, Mr. Zulfiqar Ali Bhutto holds Presidential Authority and as well as COAS. Bhutto joined politics in 1958 and earned a unique place in the politics. Indeed, the Constitution of Pakistan 1973 was the legendary achievement. To avoid

278 the bitter experiences of the past, he tried to stop the wave of Martial Law in future, Bhutto introduced a new Article 6; in the Constitution 1973. It was promised that now country never faced Martial Law again because of this Article, the conviction of the Article was declared as high treason and awarded the death penalty. Mr. Bhutto especially appointed General Zia as COAS by over turn promotion by seven generals. Who were senior to him, but General Zia was blue eyed of Mr. Bhutto at that time. After sixteen months, General Zia over throw Bhutto Government and possesses the longest Martial Law. It was a darkest period in the democratic history of country. Zia-ul-Haq implemented his own political agenda. Firstly, he started the destruction of political parties and prominent figures. Secondly, he started accountability by military courts, sentences and political victimization. He adverted, the Islamic oriented government, and arranged a team of Islamic trend and awarded them key positions in the system. Municipal, Provincial and National Assembly candidates were chosen on behalf of religious inspiration and with the help of team; he elected himself as President of Pakistan. In Zia era, political activities and literature was banned, freedom of expression was also prohibited. Islamization was promoted too much that apparently General Zia develops the political system that was glorious but it proved house of cards. After his death, if we looked at the political history of Pakistan; we will come to know the dictators had launched so many programmes for revival of democracy, we can say it Basic Democracy or Controlled Islamic Democracy. Such democracy is illegitimate child of Martial Law, any system that will roots up and nourished under the shadow of dictatorships, this kind of system will automatically die in democratic era, politically and constitutionally. Claims about democracy in Pakistan are very sky high but practically there is entirely different situation, in dictatorship era the democratic experiments were tested here. We had seen many programmes of democracy in dictatorship era and civil dictatorship in democratic periods; for the success of any political system the just election, process is not complete democracy. Although, the election process is essential part of democracy but our democratic attitude, traditions and healthy enjoyment must for them. The simple question arises whether during Zia-ul-Haq’s regime did the political system of the country was strengthened; the answer is again very simple “No”. Just General Zia-ul-Haq was empowered. The political system of Zia-ul-Haq was not more than a rubber stamp as he said: What is the Constitution, if I torn the book of 10/12 pages tomorrow I can start a new system, under the new ruling who can stop me. Zia-ul-Haq’s this statement disclaimer that he was only bound to the military rules and regulations, and dam care about any other law of the

279 country, or any other ethics. The political experts have the strong believe that the political Godfather of General Zia-ul-Haq was (Zia-ul-Islam Ansari) and he was the architecture of his political model, so he designed the power according to his wish. It is the common observation that not all the dictators ever transferred the power, they just share the power in limited scale. The political analysts pointed out that, the COAS is always reluctant to salute the civilian Prime Minister due to their military brought up, and they could not develop ideal relation between GHQ and Prime Minister or President. Events of the past have proved that the dictators always preferred to be as President not to be the Prime Minister, because they feel more comfortable. It is interesting to note that the post of COAS is fixed for the length of three years, and the tenure of Prime Minister is fixed for the term of five years. However, since 1973, only seven COAS have replaced. It is due to the fragile political system, repeated Martial Laws and interference of Army in politics, fifteen Prime Ministers have been changed in last four decades. It proved that how much the post COAS is stable and stronger in Martial Law or civilian rule. In Army, the deviation from the constitution, it is not an accident; they set up clear examples of traditions. The Constitution of 1973 was founded by the civilian leadership, it was good, but in these circumstances Article; six can never stop the military takeover. Prime Minister Junejo; also has a similar deception of 58-2b, the Bill approved in the Parliament, eventually it was abused. From 1977 to 2008, country has faced the crucial period, two military dictators had ruled over. Zia -ul- Haq era from 1977 to 1988 consists of eleven years. It was unfortunate for Zia-ul-Haq, he died in plans crash but his ambition was still high to rule over Pakistan. After the death of Zia-ul-Haq, the drawing of national politics was drafted by COAS, Mirza Aslam Baig. He inserted the role of the Army in the Interim Government, with the combination of civil and military personalities. He framed the Interim Govt. with finance minister, foreign minister and the Acting President of Pakistan was appointed with the counseling of COAS. The new general elections were held in November 1988, and PPP got the lead. Before taking the oath, Mirza Aslam Baig arranged a meeting with Mrs. Benazir Bhutto. He stressed that the civil government would not inter fair in Pak-Army Projects & Policies, specially the Foreign Policy, Afghan Issue, Pak-US Relations, Pak-Army Financial Aids and never thought about the personal revenge for Zia-ul-Haq. The political system inherited by Benazir Bhutto designed by Zia-ul-Haq that was never suitable for her. She was not comfortable, so whenever she tried to introduce the democratic agenda, she was realized by the authorities that you are going to across your limits. After 18 months,

280 the civil government and military were not cordial, both the parties were at dead lock. Finally, the President exercised his power according to the Constitution Article: 58- 2b, he fired the Prime Minister. It was not the new tradition in country; it was just the continuation of the past. The power triangle combined; The President and COAS were allied so the third one always victim in political system of Pakistan. Benazir Bhutto reacted and said; the sovereign forces of country were not in favor of my premiership, so they never transferred the power to me, it was just power sharing and nothing more. Benazir Bhutto awarded the “Medal of Democracy” to the COAS, because she could not afford the military revelry. In 1990, Mian Nawaz Sharif was brought to the power by the Agencies of Pakistan, that was the replacement of last political scenario, but soon the calash arose between the civil and military forces. The COAS, General Abdul Waheed Kakar played a vital role in the dismissal of Nawaz Sharif, again the power triangle combined and Prime Minister was the victim. Benazir Bhutto elected the Prime Minister from 1993-96, for the second term, President of the Pakistan (Farooq Ahmad Laghari), through the constitutional power, Benazir Bhutto again looses the government by her own trust worthy man. She said “to get the Sovereignty in Pakistan is not a big deal perhaps to save them from those forces is major problems.” Mian Nawaz Sharif got mandate for the second term as Prime Minister 1997-99. He was succeeded to bring the Constitution 1973 in its original shape. Mian Nawaz Sharif claimed that Martial Law was abolished forever by 13th Amendment, but it was only claim remains to claim. The Prime Minister was ousted by the dictator who took the oath according to Article 244/3 “I do solemnly swear that I will support the Constitution of the Islamic Republic of Pakistan. I will not engage myself in any political activities what so ever.” However, the situation is quite different here, the dictators contested the elections even in Uniform, there disciples claimed in public meetings and flatted that they would elected them ten times in Uniform. General Ayub Khan, General Yahya, General Zia-ul- Haq, General Pervez Musharraf has same intentions. Zia-ul-Haq had gone one-step ahead; he put his name in the Constitution till March 23, 1990 and safe himself as Sovereign. It was the irony of his fate that he had not alive till March 1990. The Eight and Seventieth Amendment was the result of their own desires, because they did not trust their own Parliament, which was formed under military umbrella. There are some suggestions to strengthen the political system in Pakistan:

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1. The Constitution of the State must be obeyed. 2. Rule of Law; every one abide by the Supreme Law of Pakistan. 3. Equal Rights and Opportunities: mobilize the public at grass route level. 4. Devolution of Power (Evolved the Strong Local Government System in Pakistan). 5. Accountability & Transparency; Scrutiny of the candidates by the strict stander Of Article, 62-63. Democracy is not the name of favorite personalities or not the game of champions; it is a basic principle, which provides every individual of the society his due share. Since the independence, Pakistan has structured the British Parliamentary System, but we do not have the proper training of public for leadership, we just get independence, and started politics. We always compared country with others modern countries, while these countries achieved the milestone after so many centuries. They stared from Magana Karta1215 over the eight centuries and we just started our journey six decades ago. We have so many faults in our political system. The political parties and workers also have not the power of tolerance across the country, we always supported our point of view and cannot tolerate to others. Our behavior is yet not democratic. We must use the power of the ballot not the bullet. If the major issue of rulers is to protect the democracy and democratic institutions then we should make sure for the supremacy of law and the devolution of power across the country, but it was never done since Pakistan. According to my opinion, the real essence of democracy is local bodies system at grass root level should establish. Unfortunately, we had practiced the various LGS; but even today, we do not have proper local government system in the country. If we review the political development of western countries, they strengthen their local governments; we can see the major difference between third world countries. When we talk about the democracy, consciously or unconsciously, we mean to talk about constitution and the state politics with these elements will certainly be under consideration. From 1985 to 1999, the Constitution of Pakistan was not the guarantor of the public rights. Referendum is used as a tool for democracy but dictators had considered it to be as the “Path of Power”. From past to the present all the dictators has adopted referendum as a tool. It was the magic of bureaucracy, they declared; General Ayub Kahn as “Liberator of Pakistan,” General Zia-ul-Haq as “Ameer-ul- Momineen” and General Musharraf awarded as “Ataturk of Pakistan”. The Referendum results were very interesting as Ayub Khan Success ratio was 94 per cent, Zia-ul- Haq got 96 per cent of the votes and Pervez Musharraf reached to the

282 highest percentage of 98 of popularity in referendum. We have a very innocent question in our minds, in every political system the elections process is the peak or the climax of the system, where every individual of the society involves in political activities but unfortunately, the proportion of voting in Pakistan, from 1970 to 2008, gradually decreased from 57 per cent to 33.56 per cent in general elections. If the mobilization of public was very energetic in referendums then why political, spirit is dead in the general elections. Reply for this magic can be answered only by the military bureaucracy. Over the last four decades, there was a unique legislation, especially during the period of dictators; the main objective was to seize the power and to make strong them. No doubt, the major beneficent of these constitutional amendments was only and only the (Dictators) COAS & President of Pakistan. In fact, these amendments were military & civilian partnership and the civil face of dictatorship. If their purpose to promoted the real democracy within the country, then why they are power hunger? Why they seized the power, they just wanted to secure. If we reviewed, the constitutional history of India, in last 68 years only 104 Amendments was done and as so far, they aimed more and more devolution of power at the lower level. In USA, only 27 Amendments had been made for the main purpose to distribute the authorities to the public representatives the last 237 years. Likewise, England had no written constitution but they have the history of centuries about Constitution. They just share power with the public, and made their political system strong. Over seven decades, we had practiced four constitutions including the Govt. Act of India 1935, besides PCO, LFO, and Emergencies. We have tested different forms of government but could not make strong and stable political system; neither have we succeeded to develop our national institutions. I think still we could not determine the correct jurisdiction of COAS and the Prime Minister. Furthermore, our political system does not have the ability to face the crisis, if it appears between political and non-political forces. We always hoped at GHQ and it would be the last remedy to save the country and to be the final stock in the coffin of the dirty politics. To stop the path of dictatorship or Martial Law, then we will have to improve our democratic system at grass root level. We can tie off dictatorship, if our political system would be strong. If the democracy performed well and provided Social Justice, Employment, Health, Education, and basic amenities to public, only then we can be away from the shadows of Martial Law. It is bit difficult, but not impossible, the journey is, above all, we also need your attitude and approach adopted democratically apart from this accountability process is the criteria for any society. A society and

283 political system without accountability cannot progress. It is vital to the success of democracy that political system should continue without any deadlock. Political liberties and basic rights should be restored. In the past, there were always democratic experiences because of the price on the power head power sauce rulers failed to give the ship wrecking Tempest of democracy. On the eve of July 5, 1977 and October 12, 1999, both democratic governments were sacked on corruption charges, both COAS said; the governments have lost their confidence. Therefore, for the safety and the security of nation, Pak-Army had taken a decisive action. For the sake of dictator’s security and stability, the Judiciary adopted constantly the “Doctrine of Necessity”; such experience must be avoided in future. According to the Constitution, the entire state organs must perform their role and they should stay within limits. The Constitution of Pakistan is superior and sacred to everyone and the sanctity of the Constitution must be sacred for all the institutions of the Pakistan. There is no political role fixed for the armed forces in the constitution and will not be in future. If the brokers become the rulers and establish their dictatorship the result will be nothing but only the destruction. Politics is an art of wisdom and for achieve it one have to devote the whole life. It is a bitter reality, if we wanted to take the country on the path of success and keep away from failures, then all the state pillars must perform accordingly to the Constitution. We must take the lesson from the previous political history because we had already made a lot of blunders. Revisited the Hypothesis: 1. It needs to study the Political philosophy of the dictators. 2. Were these Reforms are successful? 3. Does the Political System of Pakistan be made strong? 4. Does the Amendments were made in large interest of nation or in personal favor? In previous chapters, we had discussed in detail about the political system of Pakistan, since independence till today, more than the half period of country’s life ruled over by the military dictators. In every political crisis, COAS necessarily considered important to interfere the politics. Most of the times, the COAS overturn the table of democracy, cancelled or suspended the constitution and promulgated the PCO. As per the political philosophy of the dictators, they blamed politicians are responsible for all the failures and blunders, because they do not have capability and capacity to lead the country. This perception may be based on same realty. From the inception, as we inherited so many Political, Financial, Administrative, Refuges Settlement, Constitutional, and Geographical boundaries, Canal Water, and Civil Military

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Bureaucracy issues. We received only organized, disciplined and structured institution that was Army, whiles the others departments were too much in fragile position. We do not have the basic infrastructure; we maintain and improve them gradually, so military was more power full since 1947. Consequently, due to the weakened political system of country the importance of Army has been increased. In this regard, General Frank Messery was the first COAS, and Douglas Gracy was the second and then General Ayub Khan takes over the charge as COAS from 1951-58. It was the time when Army was highly involved in the politics. Due to the excessive role in politics, the temperament of the Army has been changed from its natural role. General Ayub Khan got twice extension as COAS. From 1951 to 1958, one prime minister was murder, six prime minister were politically dismantled, two parliaments were dissolved, the country had faced so many crises but in this scenario only and only personality was survived Ayub Khan, because he was the Commander in Chief ( C in C) and the Defense Minister. It is interested to note that being a C in C he was also involved in politics and worked as a Defense Minister. This nasty tradition has changed the real direction of the politics. Since 1947, Pakistan becomes the victim of instability and the conspiracies, which was actually the war for power. After the martyrdom of Liaqat Ali Khan, political conditions started deteriorating. Civil and Military bureaucracy had become the kingmaker. So in this atmosphere Bureaucracy and Establishment become more powerful day by day. The politicians always busy in grabbing the power and abuse of position and involved in all types of corruption. The Pak-Army always used the negative side of politicians in their favor. The malaise of military rule is cancerous and deep, and may prove fatal. It needs a surgical operation and the operation must start at the top. It must start with an open trial by a judicial commission that should consist of only CJ & CJP. It will need to be followed by a healing process but healing does not start before an operation. Zia-ul- Haq and Pervez Musharraf represents the mindset of those arrogant and megalomaniac generals who consider themselves a special breed that is above any law and accountable to no one. This breed was responsible for the ever-illegal action and ignominious surrender on December 16, 1971, and the breakup. Its ugliest face of dictator era we faced ethnicity, extremism, terrorism, sectarianism, Zia-ul-Haq and Musharraf are responsible for it. Democracy and democratic institutions cannot exist and grow without accountability. It cannot be built on the basis of reconciliation with those who have showed a callous and contemptuous disregard for the people of this country. What right does anyone have to provide safe passage to someone who

285 committed heinous crimes? Pakistan cannot repair these deep wounds by pretending that there is nothing wrong or that Musharraf received bad advice or made some mistakes. No individual or Army can be a substitute for the collective wisdom that the politicians are forced to choose as the modus operandi because the democracy how perfectly can function as collective wisdom and decision making processes efficient to serve as a safety value to prevent disasters like the 1971 defeat. The real problem inside country is leadership crisis. Unless the country gets rid of all mutilators and violators of its constitution, such crises shall persist. Unfortunately, the state was headed by a person whom we all know to be unconstitutional, who was not an elected president as per the law. Nor was he qualified to command the army through the extensions he gave to himself for nine years because the tenure for the post of Chief of Army Staff is three years; he could not have done that under any system of law. Musharraf said proudly, “I am a soldier and I love to wear uniform. It is part of me, my second skin.” A person with his credentials can never legally become president of Pakistan. He is not the person contemplated by Article 41 of the Constitution. Even the Supreme Court did not validate his eligibility. No doubt, the situation is tough but hope and struggle cannot be abandoned. An optimistic but pragmatic approach is required to lead the nation. The purpose of my study is to test the hypothesis that military regimes are inherently unstable because lack the essential political skills of persuasive communication, bargaining, mass appeal, and the development of new political strategies for survival and legitimacy. It is argued here that the military regime of General Zia-ul-Haq, through its skillful use of the normative symbols of Islam and nationalism was able to achieve a considerable degree of political stability and legitimacy, and effectively meet political, sectarian and ethnic challenges. Constitution is the most sacred document in any democratic country. The constitutional history as we know is very dark and dramatic. For nine years since inception, we have no constitution, once we have it was brutally raped by the dictators. Even, the Constitution has been disrespectfully treated by making unnecessary amendments and unfortunately mostly done by elected politicians. As mentioned at the outset of this discussion, we also need to ponder upon the question of possible and practical ways to stop the mutilation and violation of the constitution and define the options through which the nation can get rid of the menace of constitutional deviations. One way would be to punish the culprits, and along with 286 them, their collaborators, by holding public trial and identified those welcomed the constitutional deviation. We can identify the political elite who welcomed deviations and hold free open trials. If Article 6; cannot be brought into operation against a generals or who has shed his uniform, if we cannot impose penalties upon those who are collaborators. We can at least do one thing that has been tried in some parts of the world; we can follow the model proposed by the Truth and Reconciliation Commission in South Africa and few other countries. Like Fiji, Zimbabwe, Egypt, Myanmar, Nepal and Pakistan other countries where there are frequent takeovers and frequent deviations. The conclusion reached was that a moral judgment of disqualification of civilian components or collaborators of any military coup be pronounced; such a pronouncement would at least discourage public support for constitutional deviations. We can stop constitutional deviations and we can successfully forestall them. We must keep in view our neighbor, which has a bigger than ourselves; India has taken care of this question. Although, there are some other factors that make its situation different, for example, its army hails from divergent areas, ultimately what prevents the army from taking over civilian control is a strong political will in the political leadership not to permit any deviation or violation. The Army everywhere has a similar passion and a similar culture; even in the United States and even in India. The Army loves to enjoy the authority but need to keep within its limits through legislation and through general consciousness of the masses. Finally, I would like to recommend, stopping the Martial Law, we should preformed according to the law and delivered the authority at grass root levels and empower the public. There should be proper checks on Prime Minister to avoid the abused of power. For the supremacy of law, every one must abide by the Constitution of Pakistan.

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Appendix-I Amendments in the Constitution (1973-1999) The (I) Amendment in the constitution was made on May 4, 1974; according to all form political parties was restriction to impose on government servants for taking active part in the politics. While in this amendment, it was clearly informed that the political parties would keep the government aware about their sources of income. In the politics of the past government, servants like Governor General Malik Ghulam Muhammad, President Major General Sikander Mirza, Prime Minister Chudhary Muhammad Ali and President General Muhammad Ayub Khan had inflicted great loss to the politics of Pakistan. Hence, learning lessons from the past restrictions were imposed for the future so that no negative impacts could be made.

The (II) Amendment in the constitution took place on September 17, 1974, and through this amendment, Qadianis, Mirzais and Lahori Ahmadis were declared Non-Muslims. It is a significant feat of the Bhutto government that it defined Muslim in accordance with the belief of Khatam-e-Nabawat (SAW) and declared Qadianis as Non-Muslims. On this important amendment, the collaboration of the political and religious parties was unprecedented. This amendment was the reflection of the public desire and Pakistanis expressed great delight on this amendment.

The (III) Amendment was approved in the constitution on February 13, and through this amendment, the legal protection was withdrawn from the persons, who could not be put in imprisonment for more than 24 hours on the basis of their anti-Pakistan activities. In fact, a psychological war was going on between India and Pakistan, and the openly coming and going of the spies was a part of routine life. The persons who were arrested on the measures adopted by them, against the national solidarity and security, his imprisonment period was not determined. In this amendment, the period of their imprisonment was fixed.

The (IV) Amendment was made on November 21, 1975, it was about the addition of six more seats in the National Assembly for the Minorities, so that their rights could be protected and they might be given effective representation. In this amendment, the right of power was withdrawn from the high court to release the persons involved in the anti-state activities to the anti terrorist courts. A strong reaction was observed from the political and public circles about this amendment, as they feared that these courts would be used for political objectives while the governments have the opinion were that it was a significant advancement for the achievement of justice.

The (V) Amendment came into effect on September 13, 1976; it was decided that no person from outside the province would be made the Governor. In fact, due to blemishes of the past Bhutto has taken this step to keep close liaison with the public, as the people of a particular province do not accept the person from some of their province as their governor.

The (VI) Amendment, which approved on December 31, 1976, the procedure about the number of advisors and secretaries of Prime Minister and Chief Ministers, had been defined for the smooth sailing on the state affairs.

The (VII) Amendment; the power of staging referendum on any issue of national importance was allocated to the Prime Minister in the 7th. Amendment. In fact, the background of this amendment was that Pakistan National Alliance came into existence on March 7, 1977, on the eve of the elections and its important demand was to hold fresh elections, but the government stuck to its stance for some initial months. This amendment was made in this perspective that the Prime Minister could conduct referendum on any important issue to get awareness about the public opinion.

The (VIII) Amendment was made in 1985 and approved on November 11, 1985 as a number of amendments were made in the articles of the constitution. The powers of the Presidents were

288 enormously enhanced and he entitled to dismiss the National Assembly as and when he desired. Moreover, all the ordinances of Martial Law were given protection from July 5, 1977 to December 31, 1985.

The (IX) Amendment was made in the regime of General Zia-ul-Haq in 1986, and Quran and Sunnah were given the status of the supreme law of the country. In fact this amendment was initiated to satisfy the Pakistani public with reference to Zia-ul-Haq’s programme of imposing Islam.

The (X) Amendment made on March 25, 1987, the duration of Session of senate meeting was reduced from 169 days to 130 days. This amendment was made in the regime of Prime Minister Muhammad Khan Junejo.

The (XI) Amendment Bill was named as Shariat Bill and approved on May 28, 1991, the amendment was approved in the first tenure of Prime Minister Mian Nawaz Sharif (1990-93) and Shariat Law was acknowledged as the Supreme Law of Pakistan.

The (XII) Amendment; was made on July18, 1991, and according to this amendment Article 212-A was added to the constitution, under which the federal government would establish anti terrorist courts for the persons involved in the terrorist activities, and would be bound to decide the cases within 30 days. Similarly, the special courts were established for the elimination of terrorist activities. In the past, during Bhutto regime the anti terrorist courts were set up. The public and legal experts had raised objections and their stance was that these would be used against the political rivals.

The (XIII) Amendment was made on April 1, 1997, through which the power of dissolving National Assemblies, appointment of governors and head of all three forces, which were delegated to the President under the 8th Amendment, was withdrawn. Furthermore, most of the powers given to the Prime Minister under Constitution of 1973 were restored.

The (XIV) Amendment was approved on 1 July 1997, through which the tradition of horse-trading or changing loyalties with the party was absolutely eliminated. In the last 50 years history of Pakistan, the changing of loyalty was a political tragedy but Prime Minister fulfilled another demand of the public and laid the foundation of positive politics in Pakistan.

The (XV) Amendment Bill was presented in Parliament on August 28, 1998 and it passed on October 9, 1998 but never passed in the Senate, so it was trashed. In view of the fact, the Objectives Resolution is now substantive part of the Constitution, it is necessary that Quran and Sunnah are declared the Supreme Law of Pakistan, and the Government is empowered to take necessary steps to enforce Shariah. Under Article; 239 a Bill to amend the Constitution is passed by the two-third majority of each House but separately. To facilitate the enforcement of Shariah, it is considered that it would be more appropriate that a Bill providing for the removal of any impediment in the enforcement of any matter relating to Shariah and the implementation of the Injunctions of Islam may be passed by the Parliament in the same manner as a law is passed.

The (XVI) Amendment Bill was passed on June 9, 1999; Article 27 of the Constitution provides safeguards against discrimination in services. In order to provide opportunity and representation to all classes of persons and areas in services, clause (1) said Article provides that for a period not exceeding twenty years from the commencing day of the constitution, certain posts may be reserved for persons belonging to any class or areas. It has been felt that since equal opportunity of education and other facilities are not yet available to all citizens of Pakistan, the period of twenty years specified in of Article 27 ibid be extended to forty years.

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Appendix- II REVIVAL OF THE CONSTITUTION OF 1973 ORDER, 1985 President’s Order No. 14 of 1985 Gazette of Pakistan, Extraordinary, Part I, 2nd March 1985 In pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:- 1. Short title and commencement. (1) This Order may be called the Revival of the Constitution of 1973 Order, 1985. (2) It shall come into force at once.

2. Amendment of the Constitution. The Constitution of the Islamic Republic of Pakistan, 1973, is hereby amended to the extent and in the manner specified in the third column of the Schedule. . First meetings of National Assembly, Senate and Provincial Assemblies. (1) The first meeting of a Provincial Assembly shall be held on the twelfth day of March, 1985, for the election of the members to fill seats reserved in the Assembly for women and the members of the Senate and transaction of such other business as the President may specify. (2) The first meeting of the National Assembly shall be held on the twentieth day of March, 1985, for the election of the Speaker and Deputy Speaker, the members to fill seats reserved in the Assembly for women and the members of the Senate from the Federally Administered Tribal Areas and the Federal Capital and the transaction of such other business as the President may specify. (3) The first meeting of the Senate shall be held on the twenty-first day of March 1985, for the election of the Chairman and Deputy Chairman. (4) The National Assembly and the Senate shall meet in joint sitting on the twenty-third day of March 1985.

4. Revival of Constitution of 1973, The provisions of the Constitution, as amended by this Order, shall stand revived on such day as the President may, by notification in the official Gazette, appoint and different days may be so appointed in respect of different provisions. 5. Removal of difficulties. (1) If any difficulty arises in giving effect to any of the Provisions of this Order, the President may make such provisions and pass such orders as he may deem fit. (2) The validity of any provision made or orders passed, under clause (1) shall not be called in question in any Court.

Serial No of Amendments made No. Article Chapter , etc. 1. 1. In this Article, and in the succeeding provisions of the Constitution, for the word "Parliament" wherever occurring, the words and brackets "Majlis-e-Shoora (Parliament)" shall be substituted. 2. Part-I. After Article 2, the following new Article shall be inserted, namely:- "2A The Objectives Resolution to form part of substantive provisions. The principles and provisions set out in the Objectives Resolution reproduced in the Annex are hereby made substantive part of the Constitution and shall have effect accordingly.".

3. 5. In clause (2), for the word "basic" the word "inviolable" shall be substituted. 4. 27. In clause (1), in the first proviso, for the word "ten" the word "twenty" shall be substituted. 5. 31. In clause (2), in paragraph (c), after the word and comma "Zakat," the word and comma "usher," shall be inserted. 6. 41. 1. For clause (3) the following shall be substituted, namely:--- "(3) The President to be elected after the expiration of the term specified in clause (7) shall be elected in accordance with the provisions of the Second Schedule by the members of an electoral college consisting of-- (a) the members of both Houses; and

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(b) the members of the Provincial Assemblies."

2. After clause (6), the following new clause shall be inserted, namely:-- "(7) Notwithstanding anything contained in this Article or Article 43 or any other Article of the Constitution or any other law, General Muhammad Zia-ul-Haq, in consequence of the result of the referendum held on the nineteenth day of December, 1984, shall become the President of Pakistan on the day of the first meeting of Majlis-e-Shoora (Parliament) in joint sitting summoned after the elections to the Houses of Majlis-e- Shoora (Parliament) and shall hold office for a term of five years from that day, and Article 44 and other provisions of the Constitution shall apply accordingly."

7. 46. For this Article the following shall be substituted, namely:-- "46. Duties of Prime Minister in relation to President. It shall be the duty of the Prime Minister-- (a) to communicate to the President all decisions of the Cabinet relating to the administration of the affairs of the Federation and proposals for legislation; (b) to furnish such information relating to the administration of the affairs of the Federation and proposals for legislation as the President may call for; and (c) If the President so requires, to submit for the consideration of the Cabinet any matter on which a decision has been taken by the Prime Minister or a Minister but which has not been considered by the Cabinet."

8. 47. 1. In the marginal heading, after the word "Removal", the words "or impeachment" shall be inserted. 2. For clauses (1) and (2) the following shall be substituted, namely:--- "(1) Notwithstanding anything contained in the Constitution, the President may, in accordance with the provisions of this Article, be removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the Constitution or gross misconduct. (2) Not less than one half of the total membership of either House may give to the Speaker of the National Assembly or, as the case may be, the Chairman written notice of its intention to move a resolution for the removal of, or, as the case may be, to impeach, the President; and such notice shall set out the particulars of his incapacity or of the charge against him."

9. 48. For this Article the following shall be substituted, namely:-- "48. President to act on advice, etc. (1) In the exercise of his functions, the President shall act in accordance with the advice of the Cabinet, the Prime Minister, or appropriate Minister: Provided that the President may require the Cabinet to reconsider or consider such advice, as the case may be, either generally, or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration or consideration. (2) Notwithstanding anything contained in clause (1), the President shall act in his discretion in respect of any matter in respect of which he is empowered by the Constitution to do so. (3) If any question arises whether any matter is or is not a matter in respect of which the President is by the Constitution empowered to act in his discretion, the decision of the President in his discretion shall be final, and the validity of anything done by the President shall not be called in question on the ground that he ought or ought not to have acted in his discretion. (4) The question whether any, and if so what, advice was tendered to the President by the Cabinet, the Prime Minister, a Minister or Minister of State shall not be inquired into in, or by, any Court, tribunal or other authority. (5) Where the President dissolves the National Assembly, he shall, in his discretion,-- (a) appoint a date, not later than one hundred days from the date of the dissolution, for the holding of a general election to the Assembly; and (b) appoint a caretaker Cabinet.

(6) If, at any time, the President, in his discretion, or on the advice of the Prime Minister, considers that it is desirable that any matter of national importance should be referred to a referendum, the President may cause the matter to be referred to a referendum in the form of a question that is capable of being answered either by "Yes" or "No". (7) An Act of Majlis-e-Shoora (Parliament) may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum."

10. 50. For this Article the following shall be substituted, namely: -- "50. Majlis-e-Shoora (Parliament). There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and

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two Houses to be known respectively as the National Assembly and the Senate."

11. 51. 1. In clause (1), for the words "two hundred" the words "two hundred and seven Muslim" shall be substituted. 2In clause (2),-- . (a) in paragraph (b), for the word "eighteen" the word "twenty-one" shall be substituted;

(b) in paragraph (d), for the colon at the end a full-stop shall be substituted; and (c) the proviso shall be omitted.

3. For clause (2A) the following shall be substituted, namely:-- "(2A) In addition to the number of seats referred to in clause (1), there shall be in the National Assembly ten additional seats reserved as follows for the persons referred to in clause (3) of Article 106. Christians. 4 Hindus and persons belonging to the scheduled casts. 4 Sikh, Buddhist and Parsi communities and other non-Muslims. 1 Persons belonging to the Quadiani group or the Lahori group (who call themselves 1 Ahmedis)

4. In clause (4), for the words "ten seats" the words "twenty seats" shall be substituted. 5. For clauses (4A) and (5) the following shall be substituted, namely:-- "(4A) The members to fill the seats referred to in clause (2A) shall be elected, simultaneously with the members to fill the seats referred to in clause (1), on the basis of separate electorates by direct and free vote in accordance with law. (5) As soon as practicable after the general election to the National Assembly, the members to fill seats reserved for women which are allocated to a Province under clause (4) shall be elected in accordance with law on the basis of the system of proportional representation by means of a single transferable vote by the electoral college consisting of the persons elected to the Assembly from that Province."

12. 54. In clause (2), for the word "two" the word "three", and for the word "thirty" the word "sixty", shall be substituted. 13. 56. This Article shall be re-numbered as clause (1) and after clause (1) re-numbered aforesaid, the following new clause shall be added, namely:- "(2) The President may send messages to either House, whether with respect to a Bill then pending in the Majlis-e-Shoora (Parliament) or otherwise, and a House to which any massage is so sent shall with all convenient dispatch consider any matter required by the massage to be taken into consideration. (3) At the commencement of each session of the Majlis-e-Shoora (Parliament), the President shall address both Houses assembled together and inform the Majlis-e-Shoora (Parliament) of the causes of its summons. (4) Provisions shall be made in the clauses for regulating the procedure of a house and the conduct of its business for the allotment of time for discussion of the matters referred to in the address of the President."

14. 58. 1. This Article shall be re-numbered as clause (1) and, in clause (1) re-numbered as aforesaid, in the Explanation, the words, brackets and figures "or a Federal Minister performing the functions of Prime Minister under clause (1) or clause (3) of Article 95" shall be omitted. 2. After clause (1), re-numbered and amended as aforesaid, the following new clause shall be added, namely:-- "(2) The President may also dissolve the National Assembly in his discretion where, in his opinion, an appeal to the electorate is necessary."

15. 59. 1. In clause (1):- (a) for the word "sixty-three" the word "eighty-seven" shall be substituted; (b) In paragraph (b):-- (i) for the word "five" the word "eight" shall be substituted; and (ii) the word "and" at the end shall be omitted;

(c) in paragraph (c):- (i) for the word "two" the word "three" shall be substituted; and (ii) for the full stop at the end the semicolon and word "; and" shall be substituted; and

(d) after paragraph (c), amended as aforesaid, the following new paragraph shall be added, namely:- "(d) five shall be elected by the members of each Provincial Assembly to represent Ulema, technocrats and other professionals.".

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2. For clause (3) the following shall be substituted, namely: - "(3) The Senate shall not be subject to dissolution but the term of its members, who shall retire as follows, shall be six years:-- (a) of the members referred to in paragraphs (a) and (d) of clause (1), six shall retire after the expiration of the first two years, six shall retire after the expiration of the next two years and seven shall retire after the expiration of the next two years; (b) of the members referred to in paragraph (b), two shall retire after the expiration of the first two years and three shall retire after the expiration of every two years thereafter; and (c) of the members referred to in paragraph (c), one shall retire after the expiration of every two years: Provided that the term of office of a person elected or chosen to fill a casual vacancy shall be the un-expired term of the member whose vacancy he has filled."

3. After clause (3), substituted as aforesaid, the following new clause shall be added, namely:- "(4) A casual vacancy in the office of a member referred to in paragraph (d) of clause (1) shall be filled for the remainder of the term of such member by the members of the Provincial Assembly by whom such member had been elected electing another person under the said paragraph."

16. 62 and For these Articles the following shall be substituted, namely:-- 63. "62. Qualifications for membership of Majlis-e-Shoora (Parliament). A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-- (a) he is a citizen of Pakistan; (b) he is, in the case of National Assembly, not less than twenty-five years of age and is enrolled as a voter in any electoral roll for election to a Muslim seat or a non-Muslim seat, as the case may be, in that Assembly; (c) he is, in the case of Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership; (d) he is of good character and is not commonly known as one who violates Islamic Injunctions; (e) he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins; (f) he is sagacious, righteous and non-profligate and honest and ameen; (g) he has not been convicted for crime involving moral turpitude or for giving false evidence; (h) he has not, after the establishment of Pakistan, work against the integrity of the country or opposed the ideology of Pakistan; Provided that the disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation; and (i) he possesses such other qualifications as may be prescribed by Act of Majlis-e-Shoora (Parliament).

"63. Disqualifications for membership of Majlis-e-Shoora (Parliament). (1) A person shall be disqualified from being elected or chosen as, and from being a member of the Majlis-e-Shoora (Parliament), if -- (a) he is of unsound mind and has been so declared by a competent Court; or (b) he is an un-discharged insolvent; or (c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or (d) he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or (e) he is in the service of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or (f) being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II of 1951), he is for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir; or (g) he is propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan; or (h) he has been, on conviction for any offence which in the opinion of the Chief

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Election Commissioner involves moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or (i) he has been dismissed from the service of Pakistan on the ground of misconduct, unless a period of five years has elapsed since his dismissal; or (j) he has been removed or compulsorily retired from the service of Pakistan on the ground of misconduct unless a period of three years has elapsed since his removal or compulsory retirement; or (k) he has been in the service of Pakistan or of any statutory body or anybody which is owned or controlled by the Government or in which the Government has controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or (l) he is found guilty of a corrupt or illegal practice under any law for the time being in force, unless a period of five years has elapsed from the date on which that order takes effect ; or (m) he has been convicted under section 7 of the Political Parties Act, 1962 (III of 1962), unless a period of five years has elapsed from the date of such conviction; or (n) he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service under taken by, Government: Provided that the disqualification under this paragraph shall not apply to a person-- (i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him; (ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Ordinance, 1984 (XLVII of 1984), of which he is a shareholder but is not a director holding an office of profit under the company; or (iii) where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest; or Explanation: In this Article "goods" does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Government or any law for the time being in force, under a duty or obligation to supply; (o) he holds any office of profit in the service of Pakistan other than the following offices, namely:- (i) an office which is not whole time office remunerated either by salary or by fee; (ii) the office of Lumbardar, whether called by this or any other title; (iii) the Qaumi Razakars; (iv) any office the holder whereof, by virtue of such office, if liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or

(p) he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force.

(2) If any question arises whether a member of the Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall refer the question to the Chief Election Commissioner and, if the Chief Election Commissioner is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.".

17. 70 & For these Articles the following shall be substituted, namely:-- 71. "70. Introduction and passing of Bills. (1) A Bill with respect to any matter in the Federal Legislative List or in the Concurrent Legislative List may originate in either House and shall, if it is passed by the House in which it originated, be transmitted to the other House; and, if the Bill is passed without amendment, by the other House also, it shall be presented to the President for assent. (2) If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its receipt or is passed with amendment, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting. (3) If a request is made under clause (2), the President shall summon a joint sitting; and, if

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the Bill is passed in the joint sitting with or without amendment, by the votes of the majority of the total membership of the two Houses, it shall be presented to the President for assent. (4) In this Article and the succeeding provisions of the Constitution, "Federal Legislative List" and "Concurrent Legislative List" mean respectively the Federal Legislative List and the Concurrent Legislative List in the Fourth Schedule".

18. 73. In clause (1), the words and figure "or Article 71" shall be omitted. 19. 75. For this Article the following shall be substituted, namely :-- "75. President's assent to Bills. (1) When a Bill is presented to the President for assent, the President shall, within forty- five days,-- (a) assent to the Bill; or (b) in the case of a Bill other than a Money Bill, return the Bill to the Majlis-e-Shoora (Parliament) with a message requesting that the Bill, or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.

(2) When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, If it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the total membership of the two Houses, it shall be again presented to the President and the President shall assent thereto. (3) When the President has assented to a Bill, it shall become law and be called an Act of Majlis-e-Shoora (Parliament). (4) No Act of Majlis-e-Shoora (Parliament), and no provision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the Constitution was not given if that Act was assented to in accordance with the Constitution.

20. 90, 91, For these Articles the following shall be substituted, namely:- 92, 93, "90. Exercise of executive authority of the Federation. 94, 95 The executive authority of the Federation shall vest in the President and shall be exercised and 96 by him, either directly or through officers subordinate to him, in accordance with the Constitution. 91. The Cabinet. (1) There shall be a Cabinet of Ministers, with the Prime Minister at its head to aid and advise the President in the exercise of his functions. (2) The President shall in his discretion appoint from amongst the members of the National Assembly a Prime Minister who, in his opinion, is most likely to command the confidence of the majority of the members of the National Assembly. (3) The person appointed under clause (2) shall, before entering upon the office make before the President oath in the form set out in the Third Schedule and shall within a period of sixty days thereof obtain a vote of confidence from the National Assembly. (4) The Cabinet, together with the Ministers of State, shall be collectively responsible to the National Assembly. (5) The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly. (6) The Prime Minister may, by writing under his hand addressed to the President, resign his office. (7) A Minister who for any period of six consecutive months is not a member of the National Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly: Provided that nothing contained in this clause shall apply to a Minister who is a member of the Senate. (8) Nothing contained in this Article shall be construed as disqualifying the Prime Minister or any other Minister or a Minister of State for continuing in office during any period during which the National Assembly stands dissolved, or as preventing the appointment of any person as Prime Minister or other Minister or as Minister of State during any such period.

92. Federal Ministers and Ministers of State. (1) Subject to clauses (7) and (8) of Article 91, the President shall appoint Federal Ministers and Ministers of State from amongst the members of Majlis-e-Shoora

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(Parliament) on the advice of the Prime Minister: Provided that the number of Federal Ministers and Ministers of State who are members of the Senate shall not at any time exceed one-fourth of the number of Federal Ministers. (2) Before entering upon office, a Federal Minister or Minister of State shall make before the President oath in the form set out in the Third Schedule. (3) A Federal Minister or Minister of State may, by writing under his hand addressed to the President resign his office or may be removed from office by the President on the advice of the Prime Minister.

93. Advisers. (1) The President may, on the advice of the Prime Minister, appoint not more than five Advisors, on such terms and conditions as he may determine. (2) The provisions of Article 57 shall also apply to an Advisor.

94. Prime Minster continuing in office. The President may ask the Prime Minister to continue to hold office until his successor enters upon the office of Prime Minister. 95. Vote of no confidence against Prime Minister. (1) A resolution for a vote of no confidence moved by not less than twenty per centum of the total membership of the National Assembly may be passed against the Prime Minister by the National Assembly. (2) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution in moved in the National Assembly. (3) A resolution referred to in clause (1) shall not be moved in the National Assembly while the Assembly is considering demands for grants submitted to it in the Annual Budget Statement. (4) If the resolution referred to in clause (1) is passed by a majority of the total membership of the National Assembly, the Prime Minister shall cease to hold office.".

21. 99. For this Article the following shall be substituted, namely:- "99. Conduct of business of Federal Government. (1) All executive actions of the Federal Government shall be expressed to be taken in the name of the President. (2) The President shall by rules specify the manner in which orders and other instruments made and executed in his name shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any Court on the ground that it was not made or executed by President. (3) The President shall also make rules for the allocation and transaction of the Federal Government.".

22. 101. 1. In clause (1), after the words "President" at the end, the words "in his discretion" shall be added. 2. After clause (4), the following new clause shall be added, namely: -- "(5) The President may make such provision as he thinks fit for the discharge of the functions of Governor.".

23. 105. For this Article the following shall be substituted, namely:- "105. Governor to act on advice, etc. (1) Subject to Constitution, in the performance of his functions, Governor shall act in accordance with the advice of the Cabinet, Chief Minister or appropriate Minister". Provided that the Governor may require the cabinet to reconsider such advice, whether generally or otherwise, and the governor shall act in accordance with the advice tendered after such reconsideration; Provided further that, in respect of the following matters, the Governor shall, subject to the previous approval of the President, act in his discretion, namely:-- (a) appointment of the Chief Minister; (b) dismissal of Cabinet which has lost the confidence of the Provincial Assembly; (c) Dissolution of the Provincial Assembly, when an appeal to the electorate is necessary.

(2) The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister, the Cabinet or a Minister shall not be enquired into in, or by, any Court, tribunal or other authority. (3) Where the Governor dissolves the Provincial Assembly, he shall appoint, in his

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discretion, but with the previous approval of the President, a caretaker Cabinet. (4) The powers conferred by this Article on the President shall be exercised by him in his discretion. (5) The provision of clause (3) of Article 48 shall have effect in relation to a Governor as if reference therein to "President" were reference to "Governor".

24. 106. 1. In clause (2),-- (a) in paragraph (b), for the word "eighteen" the word "twenty-one" shall be substituted; (b) in paragraph (d), for the colon at the end a full-stop shall be substituted; and (c) the proviso shall be omitted.

2. For clause (3) the following shall be substituted, namely:- "(3) In addition to the seats in the Provincial Assemblies for the Provinces of Baluchistan, the Punjab, the North-West Frontier and Sind specified in clause (1), there shall be in those Assemblies the number of seats hereinafter specified for non-Muslims-- Hindus and Persons Belonging to Persons Sikh, Buddhist and the Quadiani group or Province Christians belonging to the Parsi Communities the Lahori group (who Scheduled and other non- call themselves Castes Muslims Ahmedis) Baluchistan 1 1 1 - The North- 1 - 1 1 West Frontier Province The Punjab 5 1 1 1 Sind 2 5 1 1 Explanation. Where no independent seat is allocated to a minority in a Province for being very small in number, the seat allocated jointly to all other non-Muslims in that Province shall be deemed to include that minority."

3. For clause (5) the following shall be substituted, namely:- "(5) The members to fill the seats referred to in clause (3) shall be elected, simultaneously with the members to fill the seats referred to in clause (1), on the basis of separate electorates by direct and free vote in accordance with law. (6) As soon as practicable after the general election to a Provincial Assembly, the members to fill seats in that Assembly reserved for women shall be elected in accordance with law on the basis of the system of proportionate representation by means of a single transferable vote by the electoral college consisting of the persons elected to that Assembly."

25. 113. For this Article the following shall be substituted, namely:- "113. Qualifications and disqualifications membership of Provincial Assembly. The qualifications and disqualifications for membership of the National Assembly set out in Articles 62 and 63 shall also apply for membership of a Provincial Assembly as if reference therein to "National Assembly" were a reference to "Provincial Assembly.".

26. 116. For this Article the following shall be substituted, namely:- "116. Governor's assent to Bills. (1) When a Bill has been passed by the Provincial Assembly, it shall be presented to the Governor for assent. (2) When a Bill is presented to the Governor for assent, the Governor shall, within forty- five days,- (a) assent to the Bill; or (b) in the case of a Bill other than a Money Bill, return the Bill to the Provincial Assembly with a message requesting that the Bill, or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.

(3) When the Governor has returned a Bill to the Provincial Assembly, if it is again passed, with or without amendment, by the Provincial Assembly, by the votes of the minority of the total membership of the Provincial Assembly, it shall be again presented to the Governor and the Governor shall assent thereto. (4) When the Governor has assented to a Bill it shall become law and be called an Act of Provincial Assembly. (5) No Act of a Provincial Assembly, and no provision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the Constitution was not given if that Act was assented to in accordance with the Constitution.".

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27. 129, For these Articles the following shall be substituted, namely :-- 130 and "129. Exercise of executive authority of the Province. 131. The executive authority of the Province shall vest in the Governor and shall be exercised by him either directly or through officers subordinate to him, in accordance with the Constitution. 130. The Cabinet. (1) There shall be a Cabinet of Ministers, with the Chief Minister as its head, to aid and advice the Governor in the exercises of his functions. (2) The Governor shall appoint from amongst the members of the Provincial Assembly, a Chief Minister who, in his opinion is likely to command the confidence of the majority of the members of the Provincial Assembly. (3) The person appointed under clause (2) shall, before entering upon office, make before the Governor oath in the form set out in the Third Schedule and shall within a period of sixty days thereof obtain a vote of confidence from the Provincial Assembly. (4) The Cabinet shall be collectively responsible to the Provincial Assembly. (5) The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly. (6) The Chief Minister may, by writing under his hand addressed to the Governor, resign his office. (7) A Minister who for any period of six consecutive months is not a member of the Provincial Assembly shall, at the expiration of that period, cease to be a Minister, and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly. (8) Nothing contained in this Article shall be construed as disqualifying the Chief Minister or any other Minister for continuing in office during any period during which the Provincial Assembly stands dissolved, or as preventing the appointment of any person as Chief Minister or other Minister during any such period.

131. Duties of Chief Minister in relation to Governor. It shall be the duty of the Chief Minister-- (a) to communicate to the Governor all decisions of the Cabinet relating to the administration of the affairs of the Province and proposals for legislation; (b) to furnish such information relating to the administration of the affairs of the Province and proposals for legislation as the Governor may call for; and (c) If the Governor so requires, to submit for consideration of the Cabinet any matter on which a decision has been taken by the Chief Minister or a Minister but which has not been considered by the Cabinet."

28. 132 & For these Articles the following shall be substituted, namely:- 133 "132. Provincial Ministers. (1) Subject to clauses (7) and (8) of Article 130, the Governor shall appoint Provincial Ministers from amongst members of the Provincial Assembly on the advice of the Chief Minister. (2) Before entering upon office a Provincial Minister shall make before the Governor oath in the form set out in the Third Schedule. (3) A Provincial Minister may, by writing under his hand addressed to the Governor, resign his office or may be removed from office by the Governor on the advice of the Chief Minister.

133. Chief Minister continuing in office. The Governor may ask the Chief Minister to continue to hold office until his successor enters upon the office of Chief Minister."

29. 134 & These Articles shall be omitted. 135 30. 136. For these Articles the following shall be substituted, namely: - "136. Vote of no-confidence against Chief Minister. (1) A resolution for a vote of no confidence moved by not less than twenty per centum of the total membership of the Provincial Assembly may be passed against the Chief Minister by the Provincial Assembly. (2) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the Provincial Assembly. (3) If the resolution referred to in clause (1) is passed by a majority of the total

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membership of the Provincial Assembly, the Chief Minister shall cease to hold office."

31. 139. For this Article the following shall be substituted, namely:- "139. Conduct of business of Provincial Government. (1) All executive actions of the Provincial Government shall be expressed to be taken in the name of the Governor. (2) The Governor shall by rules specify the manner in which orders and other instruments made and executed in his name shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any Court on the ground that it was not made or executed by the Governor. (3) The Governor shall also make rules for the allocation and transaction of the business of the Provincial Government."

32. Chapter In Part V, in Chapter 3, before Article 153, the following new Article shall be inserted, namely:- 3, Part "152- National Security Council. V. A (1) There shall be a National Security Council to make recommendations relating to the issue of a Proclamation of Emergency under Article 232, security of Pakistan and any other matter of national importance that may be referred to it by the President in consultation with the Prime Minister. (2) The National Security Council shall consist of the President, the Prime Minister, the Chairman of the Senate, the Chairman Joint Chiefs of Staff Committee, the Chiefs of Staff of the Pakistan Army, the Pakistan Navy and the Pakistan Air Force and the Chief Ministers of the Provinces."

33. 175. In clause (3), for the word "five" the word "fourteen" shall be substituted. 34. 179. Clauses (2), (3), (4), (5) and (6) shall be omitted. 35. 180. For the words "one of the Judges of the Supreme Court who have not previously held the office of Chief Justice of Pakistan otherwise than under this Article" the words "the most senior of the other Judges of the Supreme Court" shall be substituted. 36. Chapter After Article 186, the following new Article shall be inserted, namely:- 2, Part- "186- Power of Supreme Court to transfer cases. VII A The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court."

37. 195. Clauses (2), (3), (4), (5), and (6) shall be omitted. 38. 196. For the words "one of the Judges of the High Court who have not previously held the office of Chief Justice of the High Court otherwise than under this Article" the words and commas "one of the other Judges of the High Court, or may request one of the Judges of the Supreme Court," shall be substituted. 39. 198. This Article shall be re-numbered as clause (1) and, after clause (1) re-numbered as aforesaid, the following new clauses shall be added, namely:- "(2) Each High Court and the Judges and divisional Courts thereof shall sit at its principal seat and the seats of its Benches and may hold, at any place within its territorial jurisdiction, circuit Courts consisting of such of the Judges as may be nominated by the Chief Justice. (3) The Lahore High Court shall have a Bench each at Bahawalpur, Multan and Rawalpindi; the High Court of Sind shall have a Bench at Sukkur; the Peshawar High Court shall have a Bench each at Abbottabad and Dera Ismail Khan and the High Court of Baluchistan shall have a Bench at Sibi. (4) Each of the High Courts may have Benches at such other places as the Governor may determine on the advice of the Cabinet and in consultation with the Chief Justice of the High Court. (5) A Bench referred to in clause (3), or established under clause (4), shall consist of such of the Judges of the High Court as may be nominated by the Chief Justice from time to time for a period of not less than one year. (6) The Governor in consultation with the Chief Justice of the High Court shall make rules to provide the following matters, that is to say,-- (a) assigning the area in relation to which each Bench shall exercise jurisdiction vested in the High Court; and (b) for all incidental, supplemental or consequential matters.".

40. 199. 1. Clauses (3A), (3B) and (3C), as they stood immediately before the fifth day of July, 1977, and clauses (3A), (3B) and (3C) as inserted by the Constitution (Amendment) Order, 1980 (P.O. No. 1 of 1980), shall be omitted. 2. In clause (4), in paragraph (b), after the words "public interest", the words "or state property" shall be inserted. 3. In clause (4A),-

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(a) after the word and comma "with,", the words "state property or" shall be inserted; and (b) for the words "sixty days" the words "six months" shall be substituted.

4. After clause (4A), amended as aforesaid, the following new clause shall be inserted, namely:- "(4B) Every case in which, on an application under clause (1), the High Court has made an interim order shall be disposed of by the High Court on merits within six months from the day on which it is made, unless the High Court is prevented from doing so for sufficient cause to be recorded.".

41. 200. 1. In clause (1), in the proviso, for the words "one year" the words "two years" shall be substituted. 2. For clause (2) the following shall be substituted, namely:-- "(2) Where a Judge is so transferred or is appointed to an office other than that of Judge at a place other than the principal seat of the High Court, he shall, during the period for which he serves as a Judge of the High Court to which he is transferred, or holds such other office, be entitled to such allowances and privileges, in addition to his salary, as the President may, by order, determine.".

3. In clause (3), the following Explanation shall be added at the end, namely: - "Explanation. In this Article, "High Court" includes a bench of a High Court.".

42. 203B In paragraph (c), for the word "five" the word "ten" shall be substituted. 43. 203C After clause (4A), the following new clauses shall be inserted, namely:- "(4B) The President may, at any time, by order in writing,- (a) modify the term of appointment of a Judge; (b) assign to a Judge any other office; and (c) require a Judge to perform such other functions as the President may deem fit; and pass such other order as he may consider appropriate. Explanation. In this clause and clause (4C), " Judge" includes Chief Justice. (4C) While he is performing the functions which he is required under clause (4B) to perform, or holding any other office assigned to him under that clause, a Judge shall be entitled to the same salary, allowances and privileges as are admissible to the Chief Justice or, as the case may be, Judge of the High Court."

44. 204. For this Article the following shall be substituted, namely: - "204. Contempt of Court. (1) In this article, "court" means the Supreme Court or High court. (2) A court shall have power to punish any person who - (a) abuses, interferes with or obstructs the process of the court in any way or disobeys any order of the court; (b) scandalizes the court or otherwise does anything which tends to bring the Court or a Judge of the Court in to hatred, ridicule or contempt; (c) does anything which tends or prejudice the determination of a matter pending before the Court; or (d) does any other thing which, by law, constitutes contempt of the Court.

(3) The exercise of the power conferred on as Court by this Article may be regulated by law and, subject to law, by rules made by the Court.".

45. 212A. This Article shall stand omitted on such day as the President may appoint. 46. 213. In clause (1), after the word "President" at the end, the words "in his discretion" shall be added. 47. 232. In clause (2), for paragraph (a) the following shall be substituted, namely:- "(a) Majlis-e-Shoora (Parliament) shall have power to make laws for a Province, or any part thereof, with respect to any matter not enumerated in the Federal Legislative List or the concurrent Legislative List;".

48. 239. For this Article the following shall be substituted, namely:- "239. Constitution Amendment Bill. (1) A Bill to amend the Constitution may originate in either House and when the Bill has been passed by the votes of not less than two-thirds of the total membership of the House it shall be transmitted to the other House. (2) If the Bill is passed without amendment by the votes of not less than two-thirds of the total member-ship of the House to which it is transmitted under clause (1), it shall be transmitted to all the Provincial Assemblies. (3) If the Bill is passed with amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall be

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reconsidered by the House in which it had originated; and if the Bill as amended by the former House is passed by the latter by the votes of not less than two-thirds of its total membership it shall be transmitted to all the Provincial Assemblies. (4) Subject to clause (5), if the Bill transmitted to the Provincial Assemblies under clause (2) or clause (3) is passed by each such Assembly by a majority of the total number of its members present and voting, it shall be presented to the President for assent. (5) A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be presented to the President for assent unless it has been passed by the Provincial Assembly of that Province by the votes of not less than two-thirds of its total membership. (6) No amendment of the Constitution shall be called in question in any Court on any ground whatsoever. (7) For the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the Majlis-e-Shoora (Parliament) to amend by way of addition, modification or repeal any of the provisions of the Constitution.".

49. 242. After clause (1), the following new clause shall be inserted, namely:- "(1- The Chairman of the Public Service Commission constituted in relation to the affairs of the A) Federation shall be appointed by the President in his discretion.".

50. 243. 1. After clause (1), the following new clause shall be inserted, namely:- "(1- Without prejudice to the generality of the foregoing provision, the Supreme Command A) of the Armed Forces shall vest in the President.".

2. In clause (3), in paragraph (c), after the word "appoint", the words and commas "in his discretion the Chairman, Joint Chiefs of Staff Committee," shall be inserted.

51. 255. In clause (1), for the words "be made in" the words "preferably be made in Urdu or" shall be substituted. 52. Chapter In Part XII, in Chapter 7, after Article 270, the following new Articles shall be inserted, namely:- 7, Part "270A Validation of President's Orders etc. XII (1) The proclamation of the fifth day of July, 1977, all President's Orders, Martial Law Regulations, Martial Law Orders and all other laws made between the fifth day of July, 1977, and the date on which this Article comes into force, are hereby declared, notwithstanding any judgment of any Court, to have been validly made by competent authority and, notwithstanding anything contained in the Constitution, shall not be called in question in any Court on any ground whatsoever. (2) All orders made, proceedings taken and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the fifth day of July, 1977, and the date on which this Article comes into force, in exercise of the powers derived from any Proclamation, President's Orders, Martial Law Regulations, Martial Law Orders, enactments, notifications rules, orders or bye-laws, or in execution of or in compliance with any order made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any Court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any Court on any ground whatsoever. (3) All President's Orders, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority. (4) No suit, prosecution or other legal proceedings shall lie in any Court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. (5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby. (6) Any of the President's Orders referred to in clause (1) may be amended in the manner provided for amendment of the Constitution. Explanation. In this Article, "President's Orders" includes "President and Chief Martial Law Administrator's Orders", and Chief Martial Law Administrator's Orders.". 270B. Election to be deemed to be held under Constitution. Notwithstanding anything contained in the Constitution, the elections held under the Houses of Parliament and Provincial Assemblies (Elections) Order, 1977, to the Houses of Parliament and the Provincial Assemblies shall be deemed to have been held under the Constitution and shall have effect accordingly.".

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53. New After Article 280, the following Annex shall be inserted, namely:- Annex The Objectives Resolution [Article 2(A)] Whereas sovereignty over the entire universe belongs to Allah Almighty alone and the authority which He has delegated to the State of Pakistan, through its people for being exercised within the limits prescribed by Him is a sacred trust; This Constituent Assembly representing the people of Pakistan resolves to frame a Constitution for the sovereign independent State of Pakistan; Wherein the State shall exercise its powers and authority through the chosen representatives of the people; Wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed; Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and the Sunnah; Wherein adequate provision shall be made for the minorities to profess and practice their religions and develop their cultures; Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed; Wherein shall be guaranteed fundamental rights including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality; Wherein adequate provisions shall be made to safeguard the legitimate interests of minorities and backward and depressed classes; Wherein the independence of the Judiciary shall be fully secured; Wherein the integrity of the territories of the Federation, its independence and all its rights including its sovereign rights on land, sea and air shall be safeguarded; So that the people of Pakistan may prosper and attain their rightful and honored place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity. 54. Second For this Schedule, the Schedule set out in the Schedule to this Order shall be substituted. Schedul e 55. Third 1. In the oath of office relating to the Chairman or member of the Federal Shariat Court, for the Schedul word "Chairman", twice occurring, the words "Chief Justice", and for the word "member", e twice occurring, the word "Judge" shall be substituted. 2. In the oaths of office set out in this Schedule, the following paragraph shall be added at the end, namely:- "May Allah Almighty help and guide me (A'meen).".

THE SCHEDULE

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Appendix- III CONSTITUTION EIGHTH AMENDMENT ACT, 1985 Constitution of the Islamic Republic of Pakistan Gazette of Pakistan, Extraordinary, 11th November, 1985 The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 9th November, 1985, and is hereby published for general information:- Whereas it is expedient further to amend the constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing; It is hereby enacted as follows: 1. Short title and commencement. (1) This Act may be called the Constitution (Eighth Amendment) Act, 1985. (2) It shall come into force at once, except section 19 which shall come into force on the day on which the Proclamation of the fifth day of July, 1977, is revoked.

2. Amendment of Article 48 of the Constitution. In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution in Article 48,- (a)in clause (1),- (i)for the commas and words ",the Prime Minister, or appropriate Minister" the words "or the Prime Minister" shall be substituted; and (ii) for the proviso the following shall be substituted, namely : "Provided that the President may require the Cabinet or, as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration."; (b) in clause (2), after the words "do so", at the end, the words " and the validity of anything done by the President in his discretion shall not be called in question on any ground whatsoever" shall be added ; (c) clause (3) shall be omitted ; and (d) clause (5), in paragraph (a), for the words "one hundred" the word "ninety" shall be substituted. 3. Amendment of Article 51 of the Constitution. In the Constitution, in Article 51, in clause (4), for the word "second" the word "third" shall be substituted. 4. Amendment of Article 56 of the Constitution. In the Constitution, in Article 56, for clause (3) the following shall be substituted, namely: "(3) At the commencement of the first session after each general election to the National Assembly and at the commencement of the first session of each year the President shall address both houses assembled together and inform the Majlis-e-Shoora (Parliament) of the causes of its summons. 5. Amendment of Article 58 of the Constitution. In the Constitution, in Article 58,-- (a) in clause (1), in the Explanation, for the words "resolution for a vote of no confidence has been moved" the words "notice of a resolution for a vote of no-confidence has been given" shall be substituted; and (b) for clause (2) the following shall be substituted, namely: "(2) Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve the National Assembly in his discretion where, in his opinion, (a) a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly is likely to command the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose; or (b) a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary. 6. Amendment of Article 59 of the Constitution In the Constitution, in Article 59- (a) in clause (1), in paragraph (c), for the word "chosen" the word "elected" shall be substituted: (b) in clause (3), (i) for paragraphs (a), (b) and (c); the following shall be substituted, namely :-

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"(a) of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years; (b) of the members referred to in paragraph (b) of the aforesaid clause, four shall retire after the expiration of the first three years and four shall retire after the expiration of the next three years; (c) of the members referred to in paragraph (c) of the aforesaid clause, one shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years; (d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and three shall retire after the expiration of the next three years". (ii) in the proviso, the words "or chosen" shall be omitted; and (c) clause (4} shall be omitted. 7. Amendment of Article 60 of the Constitution. In the Constitution, in Article 60, in clause (2), for the word "two" the word "three" shall be substituted. 8.Amendment of Article 75 of the Constitution. In the Constitution, in Article 75,- (a)in clause (1), for the word "forty-five" the word "thirty" shall be substituted; and (b)for clause (2) the following shall be substituted, namely ;- "(2) When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the members of both Houses present and voting, it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President and the President shall not withhold assent there from." 9.Amendment of Article 90 of the Constitution. In the Constitution, Article 90 shall be renumbered as clause (1) of that Article and, after clause (1) renumber as aforesaid, the following new clause shall be added, namely:- (2)Nothing contained in clause (1) shall— (a)be deemed transfer to the President any functions conferred by any existing law on the Government of any Province or other. Authority; or (b)prevent the Majlis-e-Shoora (Parliament,) from conferring by law functions on authorities other than the President.". 10.Amendment of Article 91 of the Constitution. In the Constitution, in Article 91,- (a)after clause (2), the following new clause shall be inserted, namely:- "(2-A) Notwithstanding anything contained in clause (2), after the twentieth day of March, one thousand nine hundred and ninety, the President shall invite the member of the National Assembly to be the Prime Minister who commands the confidence of the majority of the members of the National Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with provisions of the Constitution." (b) in clause (3), after the brackets and figure "(2)", the words, commas, brackets, figure and letter "or, as the case may be, invited under clause (2-A)" shall be inserted; and (c)for clause (5) the following shall be substituted, namely :- (5) The Prime Minister. shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime- Minister. does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly,". 11. Amendment of Article 101 of the Constitution. In the Constitution, in Article 101,- (a)in clause (1), for the words "in his discretion" the words "after consultation with the Prime Minister." shall be substituted; (aa)in clause (2), the proviso shall be omitted; (b)clause (2-A) shall be omitted; and (c)in clause (5), after the word "Governor", at the end, the words "in any contingency not provided for in this Part" shall be added. 12. Amendment of Article 105 of the Constitution. In the Constitution in Article 105,- (i)for the comma and words ", Chief Minister or appropriate Minister" the words " or the Chief Minister" shall be substituted; (ii)for the first proviso, the following shall be substituted, namely:-

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"Provided that the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise, and the Governor shall act in accordance with the advice tendered after such reconsideration." and , (iii)the second proviso shall be omitted ; (b)in clause (2), for the comma and words ", the Cabinet or a Minister" the words "or the Cabinet" shall be substituted; and (c)in clause (5), for the brackets and figure "(3)" the brackets and figure "(2) shall be substituted. 13. Amendment of Article 106 of the Constitution. In the Constitution in Article 106, in clause (4), for the word "second" the word "third" shall be substituted. 14. Amendment of Article 112 of the Constitution. In the Constitution Article 112 shall be renumbered as clause (1) of that Article and:- (a)in clause (1), renumbered as aforesaid, in the Explanation, for the word "resolution for a vote of no- confidence has been moved" the words "notice of a resolution for a vote of no-confidence has been given" shall be substituted; and (b) after clause (1), renumbered and amended as aforesaid, the following new clause shall be added, namely:- "(2)The Governor may also dissolve the Provincial Assembly in his discretion but subject to the previous approval of the President, where, in his opinion,- (a)a vote of no-confidence having been passed against the Chief Minister, no other member of the Provincial Assembly is likely to command the confidence of the majority of the members of the Provincial Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the Provincial Assembly summoned for the purpose ; or (b)a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary. 15.Amendment of Article 116 of the Constitution. In the Constitution in Article 116,- (a)in clause (2) for the word "forty-five" the word "thirty" shall be substituted and (b)for clause (3) the following shall be substituted, namely; (3) When the Governor has returned a Bill to the Provincial Assembly, it shall be reconsidered by the Provincial Assembly and, if it is again passed, with or without amendment, by the Provincial Assembly, by the votes of the majority of the members of the Provincial Assembly present and voting, it shall be again presented to the Governor and the Governor shall not withhold assent there from.". 16. Amendment of Article 130 of the Constitution. In the Constitution, in Article 130,- (a)after clause (2), the following new clause shall be inserted, namely:- "(2-A) Notwithstanding anything contained in clause (2), .after the twentieth day of March, one thousand nine hundred and eighty-eight, the Governor shall invite the member of the Provincial Assembly to be the Chief Minister who commands the confidence of the majority of the members of the Provincial Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with the provisions of the Constitution: Provided that nothing contained in this clause shall apply to a Chief Minister holding office on the twentieth day of March, one thousand nine hundred and eighty eight, in accordance with the provisions of the Constitution." (b) in clause (3), after the brackets and figure (2) the words, commas, brackets, figure and letter "or, as the case may be, invited under clause (2-A)" shall be inserted; and (c)for clause (5) the following shall be substituted, namely .- "(5)The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly, in which case he shall summon the Provincial Assembly and require the Chief Minister to obtain a vote of confidence from the Assembly." 17. Amendment of Article 144 of the Constitution. In the Constitution, Article 144, clause (2) shall be omitted. 18. Omission of Article 152-A of the Constitution. In the Constitution, Article 152-A shall be omitted. 19. Substitution of Article 270-A of the Constitution. In the Constitution for Article 270-A the following shall be substituted, namely:-- "270-A Affirmation of President's Orders, etc. (1?)The Proclamation of the fifth day of July, 1977, all President's Orders, Ordinances. Martial Law Regulation Martial Law Orders, including the Referendum Order, 1984 (P.O. No 11 of 1984), under

305 which in consequence of the result of the referendum held on the nineteenth day December 1984, General Muhammad Zia-ul-Haq became the President the day of the first meeting of the Majlis-e- Shoora (Parliament) in joint sitting for the term specified in clause (7) of Article 41, the Revival of the Constitution of 1973 Order 1985 (P.O. No. 14 of 1985), the Constitution (Second Amendment) Order, 1985(P.O.20 of 1985) the Constitution (Third Amendment) Order, 1985 (P O.No.24 of 1985) and all other laws made between the fifth day of July, 1977and the date on which Article comes into force are hereby affirmed, adopted and declared notwithstanding a judgment of any court, to have been validly made by competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any Court on any ground whatsoever; Provided that a President's Order', Martial Law Regulation or Martial Law Order made after the thirtieth day of September, 1985, shall be confined only to making such provisions as facilitate, or are incidental to, the revocation of the Proclamation of the fifth day of July, 1977. (2)All order’s made, proceedings taken and acts done by any authority or by any person, which were made, taken or done, or purported to have been made, taken or done between the fifth day of July, 1977, and the date on which this Article comes into force in exercise of the powers derived from any Proclamation, President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notification rules, orders or bye-laws, or in execution of or in compliance with any order made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any Court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any Court on any ground whatsoever. (3)All President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactment, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority. Explanation. In this clause, "competent authority" means, (a)in respect of President's Orders, Ordinances, Martial Law Regulation Martial Law Orders and enactments, the appropriate Legislature; and (b)in respect of notifications, rules , orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law. (4)No suit, prosecution or other legal proceedings shall lie in any Court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or. act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with order's made or sentences passed in exercise or purported to exercise of such powers. (5)For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purposes intended to be served thereby. (6)Such of the President's Orders and 0rdinances referred to in clause (1) as are specified in the Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the appropriate Legislature in the manner provided for amendment of such laws. In this Article, "President's Orders" includes "President and Chief Martial Law Administrator’s Orders" and "Chief Martial Law Administrator’s Orders." 20. Addition of new Schedule to the Constitution. In the Constitution after the Sixth Schedule, the following new Schedule shall be added, namely: SEVENTH SCHEDULE [Article 270-A(6)] Laws to be amended in the manner provided for amendment of the Constitution. PRESIDENT’S ORDERS (1)The Zulfiqar Ali Bhutto Trust and Peoples Foundation Trust (Re-naming and Administration) Order, 1978 (P.O. No. 13 of 1978) (2)The Cantonments (Urban Immovable Property Tax and Entertainments Duty) Order, 1979 (P.O. No. 13 of 1979) (3)The Pakistan Defense Officer's Housing Authority Order, 1980 (P.O.No.7 of 1980) (4)The Foreign Currency Loans (Rate of Exchange) Order, 1982(P.O.No.3 of 1982) (5)The Establishment of the office of Wafaqi Mohtasib (Ombudsman) Order 1983(P.O. No. 1 of 1983) (6)The Agha Khan University Order, 1983 (P.O. No. 3 of 1983) (7)The National College of Textile Engineering (Governing Body and Cess ) Order, 1983 (P.O. No. 11 of 1983). (8)The Lahore University of Management Science Order, 1985 (P.O.No.25 of 1985) ORDINANCES (1)The International Islamic University Ordinance, 1985 (XXX )

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Appendix-IV 8th Amendment Article: 48 The Article actually demanded that the President while performing his official duties should seek the advice of the Prime Minister, and he was bound to do so. Hence, the order issued by the President had to be endorsed by the Prime Minister through his signatures. The procedure of the endorsement of the orders had been mentioned in Article 99. Article 48 was also bound with Article 58, which empowers the President to dissolve assemblies but only on the advice of the Prime Minister. As far as the dissolving of the assemblies by the President by exercising his discretionary powers could be implemented only in the wake of circumstances in which it was not possible for the federal government to pull on, according to the constitution and it had to take the opinion of the electorates. Hence, the dissolving of the assembly by the president was conditional and after the application of the powers it was also mandatory to prove the logic of dismissing assemblies. Due to this fact the Supreme Court declared the 29th May action as unconstitutional, because there was no such situation which would have proved the application of such action .The President could only dissolve the Assembly on his discretionary powers when he feels that in the wake 0f the approval of no confidence move against the Prime Minister, there was no other member who could have enjoyed the majority in the house. Article: 51 The detail of the amendment made in this article is as follows: Prior to this amendment the minimum age of the voter was fixed at eighteen years which was increased to 22 after the amendment. The total number of members of the National Assembly was raised up to207 from the previous total of 200. Through the amendment the seats for the minorities of the Scheduled castes of Hindus, Christians, Sikhs and Buddhists along with the Qadianis and Lahori group were allocated. The seats for women were also increased from previous ten to twenty. Before the amendment the members of the assembly used to elect the minorities members, but after the amendment the minority members were elected directly from an independent and separate electorate. Article: 56 Sub sections 2, 3, and 4 were added to the article 56.Under this article the President can send his message about any delayed or some other bill to the National Assembly or Senate. According to these sections it is mandatory for the relevant house that it should take the issue under consideration as desired by the message. The President was also given the authority to address the first session of the parliament and the first session of the Senate. Article: 58 The President was conferred to implement his discretionary power to dissolve the Assemblies in following conditions through the 8th Amendment, which were not empowered to the President in 1973 Constitution. At that time when it was felt that the Prime Minister can’t pull on further or it should be felt that it has become necessary to seek the opinion of the voters. Article: 59 After the 8th Amendment following changes occurred: The seats of Senate were increased from 64 to 67. The seats for the Federally Administered Tribal Area in the Senate were five in number and three more seats were added to the total. For the Federal Capital the total was raised from two to three, while for every province five special seats each in Senate for Ulema, Technocrats and other professionals were also added. The tenure of the members of Senate from various fields was raised to three years, earlier it used to be of two years.

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Article: 60 The change in this article after the 8th Amendment concerned the tenure of Chairman and Deputy Chairman of the Senate which was increased from two to three years. Article: 75 The change in this Article after 8th Amendment is as under: Prior to the amendment it was compulsory for the President to endorse the bill presented to him with his signatures within seven days of the receipt. Otherwise it was generally understood that the bill has been approved by the President. In the amended article the period for the President was enhanced to 30 days instead of previous seven and the President was authorized to return any bill except the finance bill with request for revision wholly or partially. If the parliament in both of its houses re-approves the bill then it will become necessary for the President to endorse the bill without any delay. Article: 90 Before the 8th Amendment, the Federal Government which used to comprise of the Prime Minister and his cabinet and function through the Prime Minister would fulfill its affairs with executive authority. After the amendment these powers of executive authority were transferred to the President who applies these powers according to the constitution directly or for the tasks under his office. Under some effective law the powers assigned to the provincial government or another authority cannot be transferred to the President. However, the Parliament can allocate this duty to some other authority than the President. Thus this article in spite of amendment highlights this factor that the implementation of the powers of federal supreme authority by all means is possessed by the parliament which will executes the powers through its cabinet under the title of the President. Article: 91 The members of the National Assembly possessed the power to elect the Prime Minister through the majority of the members, but in the amended article this power was conferred to the President, who will nominate such member of National Assembly, as Prime Minister, who according to him can get the support of the majority of MNAs. The President possessed this authority only till a stipulated date, i.e., March 20, 1990. After that the election of the Prime Minister was only possible through the national assembly. Another worth mentioning change was also brought in this article that the Prime Minister can enjoy his post until he is desired by the President, However , the President will not be authorized to exercise his powers until he is not fully satisfied that the Prime Minister no more enjoys the support of the majority of the members. In this situation the President will convene the session of National Assembly in which the Prime Minister will have to seek the vote of confidence. Thus the President has achieved superiority over the Prime Minister which didn’t exist in the actual Constitution of 1973. Article: 101 in this Article no significant change was observed except that prior to the amendment the appointment of the provincial governors were exclusively appointed by the President, but now the advice of the Prime Minister for this purpose was also included in it . Article: 105 It was imperative for the provincial Governors to function according to the advice of the Chief Ministers before the 8th Amendment and they were bound for this. After the amendment the governors will functions per directions of the Chief Ministers or cabinet members, but the governor was authorized to instruct the Chief Ministers or cabinet members to revise the advice. After the revision it would be mandatory for the governors to follow the advice. Another amendment in this article is that after dissolving the provincial assemblies, the governors will nominate a care-taker government; however, they will have to seek the permission of the President in advance.

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Article: 106 No worth mentioning change was brought in this Article, however, in the sub article 4, the word “second” has been replaced with the word “third”. Article: 112 Under the 8th Amendment, the powers which have been conferred upon the governor regarding the dismissal of the Provincial Assembly are similar to the powers enjoyed by the President regarding the dismissal of the National Assembly under the Article 58. Article: 116 The powers of the Governor are similar to the powers of the President under this article and according to its nature. As per this article the Governor will have to endorse the approved bill of the Provincial Assembly. Within 30 days of its receipt. He can return any bill except the financial Bill for revision to the Provincial Assembly. However, he is bound to endorse the revised Bill. Article: 130 The powers conferred upon the governor under this article are similar to the powers given to the President in Article: 99. Under this act the Governor can nominate any member of provincial assembly as Chief Minister on his discretion up till March 20, 1990. After that date the election of the Chief Minister will be done by the majority of vote. Article: 144 No change was made in this Article. Article: 152-A This Article was included in the constitution vides Presidential Ordinance No.14 / 1985 and under this article the objective of set up of the National Security Council was intended. Anyhow this article has been deleted from the constitution through the 8th Amendment. It may be recalled that this article was not the part of the actual constitution. Article: 270-A Under this Article the legal protection had to be given to the issued Presidential ordinances from July 5, 1977 to September 13, 1985, and in these articles the list of the ordinances and regulations which have to be provided constitutional protection and those matters which were kept away from the jurisdiction of the courts. These were the rules and regulations of Martial Law which were issued by the Martial Law and now these were given legal protection under the indemnity Act 1985.

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Appendix -V The Constitution Thirteenth Amendment Act, 1997 Constitution of the Islamic Republic of Pakistan Gazette of Pakistan, Extraordinary, April 12, 1997

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing; It is hereby enacted as follows:- 1. Short title and commencement - (1) This Act may be called the Constitution (Thirteenth Amendment) Act, 1997. (2) It shall come in to force at once. 2. Amendment of Article 58 of the Constitution - In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 58, in clause (2) sub-clause (b) shall be omitted. 3. Amendment of Article 101 of the Constitution - In the Constitution, in Article 101, in clause (1) for the words "after consultation with" the words "on the advice of" shall be substituted. 4. Amendment of Article 112 of the Constitution - In the Constitution, in Article 112, in clause (2) sub- clause (b) shall be omitted. 5. Amendment of Article 243 of the Constitution - In the Constitution, in Article 243, in clause (2) in sub-clause (c) the words "in his discretion" shall be omitted. STATEMENT AND OBJECTS OF REASONS: In order to strengthen parliamentary democracy, it has become necessary to restore some of the powers of the Prime Minister which were taken away by the Constitution (Eighth Amendment) Act, 1985.

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Appendix-VI

Legal Framework Order, 2002 Chief Executive's Order No. 24 of 2002 Gazette of Pakistan, Extraordinary, August, 2002

WHEREAS general elections to the National Assembly and the Provincial Assemblies are scheduled to be held on October 10,2002, and to the Senate on November 12, 2002; AND WHEREAS it is necessary to provide for a smooth and orderly transition; NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, read with the Provisional Constitution Order No. 1 of 1999, and in pursuance of the powers vested in him by and under the judgment of the Supreme Court of Pakistan, dated the 12th May, 2000, and in exercise of all the powers enabling him in that behalf; to revive the Constitution with the amendments made herein, the Chief Executive of the Islamic Republic of Pakistan is pleased to make the following Order:-

1. Short title and commencement. (1) This Order may be called the Legal Framework Order, 2002. (2) It shall come into force at once.

2. First meetings of National Assembly, Senate and Provincial Assemblies. (1) The first meeting of the National Assembly shall be held on a day to be specified by the President for the election of the Speaker and Deputy Speaker, the members of the Senate from the Federal Capital, and for the transaction of such other business as the President may specify. (2) The National Assembly shall meet on a day to be specified by the President to ascertain which one of the members of the Assembly commands the confidence of the majority of the members for the purposes of clause (2A) of Article 91 of the Constitution and the President shall invite such member to be the Prime Minister. (3) The first meeting of a Provincial Assembly shall be held on a day to be specified by the President for the election of the Speaker and Deputy Speaker, the members of the Senate and for the transaction of such other business as the President specify. (4) Every Provincial Assembly shall meet on a day to be specified by the President to ascertain which one of the members of the Assembly commands the confidence of the majority of the members for the purposes of clause (2A) of Article 130 of the Constitution and the Governor shall invite such member to be the Chief Minister. (5) The first meeting of the Senate shall be held on a day to be specified by the President for the election of the Chairman and Deputy Chairman and for the transaction of such other business as the President may specify.

3. Amendment of the Constitution and removal of difficulties. (1) The Constitution of the Islamic Republic of Pakistan, 1973, referred to in this Order as the Constitution, is hereby amended to the extent and in the manner specified in column (3) of the Schedule. (2) If there is any necessity for any further amendment of the Constitution or any difficulty arises in giving effect to any of the provisions of this Order, the Chief Executive may make such provisions and pass or promulgate such orders for amending the Constitution or for removing any difficulty as he may deem fit. (3) The validity of any provision made, or orders passed, under clauses (1) and (2) shall not be called in question in any court on any ground whatsoever.

4. Revival of Constitution of 1973:-

The provisions of the Constitution, as amended by this Order and by such other Orders as may be

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promulgated hereinafter, shall stand revived on such day as the Chief Executive may, by notification in the official Gazette, appoint; and different days may be so appointed in respect of different provisions.

THE SCHEDULE Article Serial /Chapter Amendments made (3) No. (1) (2) 1. 17. (1) In clause (2).- (a) after the words "integrity of Pakistan", occurring twice, the words "or public order" shall be inserted; and (b) for the full stop at the end a colon shall be substituted and there after the following proviso shall be added, namely:- Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group or section."

(2) after clause (3), the following new clause shall be added, namely:- (4) Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders.

2. 41. For clause (7) the following shall be substituted, namely:- (7) The Chief Executive of the Islamic Republic of Pakistan- (a) shall relinquish the office of Chief Executive on such day as he may determine in accordance with the judgment of the Supreme Court of Pakistan of the 12th May, 2000; and (b) having received the democratic mandate to serve the nation as President of Pakistan for a period of five years shall, on relinquishing the office of the Chief Executive, Notwithstanding anything contained in this Article or Article 43 or any other provision of the Constitution or any other law for the time being in force, assume the office of President of Pakistan forthwith and shall hold office for a term of five years under the Constitution, and Article 44 and other provisions of the Constitution shall apply accordingly."

3. 51. (1) For clause (1) the following shall be substituted, namely:- (1) There shall be three hundred and forty-two seats of the members in the National Assembly, including seats reserved for women and non-Muslims. (1A) The seats in the National Assembly referred to in clause (1), except as provided in clause (2A), are allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital as under- General Women Total

Baluchistan 14 3 17 NWFP 35 8 43 The Punjab 148 35 183 Sind 61 14 75 FATA 12 - 12 Federal Capital 2 - 2 Total 272 60 332

(2) in clause (2), in paragraph (b), for the word "twenty-one " the word "eighteen" shall be substituted; (3) for clause (2A) the following clause shall be substituted. namely:- (2A) In addition to the number of seats referred to in clause (1A), there shall be, in the National Assembly, ten seats reserved for non-Muslims.

(4) for clause (4) the following shall be substituted, namely:- (4) For the purpose of election to the National Assembly,- (a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote in accordance with law; (b) each Province shall be a single constituency for all; (c) the constituency for all seats reserved for non-Muslims shall be the whole country; (d) members to the seats reserved for women which are allocated to a Province under clause (1A) shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of total number of general seats secured by each

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political party from the Province concerned in the National Assembly (e) members to the seats reserved for non-Muslims shall be elected in accordance with law through proportional representation system of political parties lists of candidates on the basis of total number of general seats won by each political party in the National Assembly

Provided that a political party securing less than five per centum of the total number of seats in the National Assembly shall not be entitled to any seat reserved for women or non-Muslims.

(5) Clauses(4) to (6) shall be omitted.

4. 58. In clause (2), after paragraph (a), the following new paragraph shall be added, namely:- (b) a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary."

5. 59. (1) For clause (1) the following shall be substituted, namely:- (1) The Senate shall consist of one-hundred members, of whom, (a) fourteen shall be elected by the members of each Provincial Assembly; (b) eight shall be elected from the Federally Administered Tribal Areas, in such manner as the President may, by Order, prescribe; (c) two on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital in such manner as the President may, by Order, prescribe; (d) four women shall be elected by the members of each Provincial Assembly; (e) four technocrats including Ulema shall be elected by the members of each Provincial Assembly."

(2) In clause(3),- (a) for paragraph (c) the following shall be substituted, namely:- "(c) of the members referred to in paragraph (c) of the aforesaid clause,- (i) one elected on general seat shall retire after the expiration of the first three years and the other one shall retire after the expiration of the next three years, and (ii) one elected on the seat reserved for technocrat shall retire after first three years and the one elected on the seat reserved for woman shall retire after the expiration of the next three years;"

(b) for paragraph (d) the following shall be substituted, namely:- "(d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the three years and two shall retire after the expiration of the next three years; and (e) of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years:".

6. 62. For clause (b) the following shall be substituted, namely:- "(b) he is, in the case of the National Assembly, not less than twenty -five years of age and is enrolled as a voter in any electoral roll in- (i) any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and (ii) any area in a Province from which he seeks membership for election to a seat reserved for women."

7. 63. (1) In clause (1):- (a) for paragraphs (h), (i) and (j) the following shall be substituted, namely:- "(h) he has been convicted by a court of competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force; or (i) he has been dismissed from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct or moral turpitude; or (j) he has been removed or compulsorily retired from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct or moral turpitude; or"

(b) for paragraph (p) the following shall be substituted, namely,

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"(p) he has been convicted and sentenced to imprisonment for having absconded by a competent court under any law for the time being in force; or (q) he has obtained a loan for a an amount of two million rupees or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loan written off; or (r) he or his spouse or any of his dependents has defaulted in payment of government dues and utility expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for over six months, at the time of filing his nomination papers

(2) for clause (2) the following shall be substituted, namely:- "(2) If any question arises whether a member of Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, within thirty days from raising of such question refer the question to the Chief Election Commissioner."

(3) after clause (2), substituted as aforesaid, the following new clause shall be added, namely:- "(3) Where a question is referred to the Chief Election Commissioner under clause (2), he shall lay such question before the Election Commission which shall give its decision thereon not later than three months from its receipt by he Chief Election Commissioner."

8. 63A. For Article 63A the following shall be substituted, namely:- "63A. Disqualification on grounds of defection, etc. (1) If a member of a Parliamentary Party composed of a single political party in a House- (a) resigns from membership of his political party or joins another Parliamentary Party; or (b) votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relations to- (i) election of the Prime Minister or the Chief Minister; or (ii) a vote of confidence or a vote of no-confidence; or (iii) a Money Bill;

he may be declared in writing by the Head of the Parliamentary Party to have defected from the political party, and the Head of the Parliamentary Party may forward a copy of the declaration to the Presiding Officer, and shall similarly forward a copy thereof to the member concerned: Provided that before making the declaration, the Head of the Parliamentary Party shall provide such member with an opportunity to show cause as to why such declaration may not be made against him. (2) A member of a House shall be deemed to be a member of a Parliamentary Party if he having been elected as a candidate or nominee of a political party which constitutes the Parliamentary Party in the House or, having been elected otherwise than as a candidate or nominee of a political party, has become a member of such Parliamentary Party after such election by means of a declaration in writing. (3) Upon receipt of the declaration under clause (1), the Presiding Officer of the House shall within two days refer the declaration to the Chief Election Commissioner who shall lay the declaration before the Election Commission for its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the Chief Election Commissioner. (4) Where the Election Commission confirms the declaration, the member referred to in clause (1) shall cease to be a member of the House and his seat shall become vacant. 5) Any party aggrieved by the decision of the Election Commission may within thirty days, prefer an appeal to the Supreme Court which shall decide the matter within three months from the date of the filing of the appeal. (6) Nothing contained in this Article shall apply to the Chairman or Speaker of a House. (7) For the purpose of this Article - (a) "House" means the National Assembly or the Senate in relation to the Federation and a Provincial Assembly in relation to the Province, as the case may be. (b) "Presiding Officer" means the Speaker of the National Assembly, the Chairman of the

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Senate or the Speaker of the Provincial Assembly, as the case may be.

9. 70. (1) In clause (2) for the words "considered in a joint sitting" the words and figure "referred to a Mediation Committee constituted under Article 71 for consideration and resolution thereon" shall be substituted; and (2) for clause (3) the following shall be substituted, namely:- (3) Where a Bill is referred to the Mediation Committee under clause (2), the Mediation Committee shall, within ninety days, formulate an agreed Bill which is likely to be passed by both Houses of the Majlis-e-Shoora (Parliament) and place the agreed Bill separately before each House and if both the Houses pass the Bill, it shall be presented to the President for assent.

10. Part III. After Article 70, amended as aforesaid the following new Article shall be added namely: Chapter 71. Mediation Committee. 2. (1) Both Houses of Majlis-e-Shoora (Parliament) shall, within fifteen days from the date of referral of the Bill by the House in which it was originated for consideration and resolution by the Mediation Committee under clause (2) of Article 70 nominate eight members each as members of a Mediation Committee. (2) The House in which the Bill was originated shall nominate a member of the Mediation Committee as Chairman of the Committee and the other House shall nominate a member as the Vice-Chairman thereof. (3) All decisions of the Mediation Committee shall be made by a majority of the total number of members of each House in the Committee. (4) The President may, in consultation with the Speaker of the National Assembly and Chairman of the Senate, make rules for conduct of business of the Mediation Committee.

11. 73. For clause (1) the following shall be substituted, namely:- (1) Notwithstanding anything contained in Article 70, a Money Bill shall originate in the National Assembly. Provided that simultaneously when a Money Bill, including the Finance Bill containing the Annual Budget Statement, is presented in the National Assembly, a copy thereof shall be transmitted to the Senate which may, within seven days, make recommendations thereon to the National Assembly. (1A) The National Assembly shall, consider the recommendations of the Senate and after the Bill has been passed by the Assembly with or without incorporating the recommendations of the Senate, it shall be presented to the President for assent.

12. 75. In clause (2) - (a) the words "in joint sitting" shall be omitted; and (b) for the words and comma "by the votes of the majority of the members of the both Houses present and voting," the words, figure and comma "in accordance with Article 70," shall be substituted.

13. 101 In clause (1), on the advice of" the words "after consultation with" shall be substituted. 14. 106. (1) For clause (1) the following shall be substituted:- "(1) Each Provincial Assembly shall consist of general seats and seats reserved for women and non- Muslims as specified herein below. General seats Women Non-Muslims Total

Baluchistan 51 11 3 65 The North-West Frontier Province 99 22 3 124 The Punjab 297 66 8 371 Sind 130 29 9 168

(2) in clause (2), in paragraph (b), for the word "twenty-one" the word "eighteen" shall be substituted;

(3) for clause (3) the following shall be substituted, namely:- (3) For the purpose of election to a Provincial Assembly - (a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote. (b) each Province shall be a single constituency for all seats reserved for women and non- Muslims allocated to the respective Provinces under clause (1);

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(c) the members to fill seats reserved for women and non- Muslims allocated to a Province under clause (1) shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of the total number of general seats secured by each political party in the Provincial Assembly.

(4) Clauses (4), (5) and (6) shall be omitted.

15. 112. (1) In clause (2), after paragraph (a), the following new paragraph shall be added, namely:- "(b) a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary."

16. Part IV, After Article 140, the following new Article shall be inserted, namely :- Chapter "140A. Local government. 3 Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments."

17. Part V, In Part V, in Chapter 3, before Article 153, the following new Article shall be inserted, namely:- Chapter "152A. National Security Council. 3 (1) There shall be a National Security Council to serve as a forum for consultation on strategic matters pertaining to the sovereignty, integrity and security of the State; and the matters relating to democracy, governance and inter-provincial harmony. (2) The President shall be the Chairman of the National Security Council and its other members shall be the Prime Minister, the Chairman of the Senate, the Speaker of the National Assembly, the Leader of the Opposition in the National Assembly, the Chief Ministers of the Provinces, the Chairman Joint Chiefs of Staff Committee, and the Chiefs of Staff of the Pakistan Army, Pakistan Navy and Pakistan Air Force. (3) Meetings of the National Security Council may be convened by the President either in his discretion, or on the advice of the Prime Minister, or when requested by any other of its members, [Click here for amendment]within the time frame indicated by him regularly ."

17A 179 In clause (1), for the words "sixty-five years" the words "sixty-eightyears" shall be substituted. 17B 193 In clause (2), for the words "forty years" the words "forty-five years"shall be substituted. 17C 195 In clause (1), for the words "sixty-two years" the words "sixty-fiveyears" shall be substituted. 18. 199 (1) In clause (4A) for the words and commas "unless the case is finally decided, or the interim order is withdrawn, by the Court earlier" the comma and words "provided that the matter shall be finally decided by the High Court within six months from the date on which the interim order is made" shall be substituted: and (2) clause (4B) shall be omitted.

19. 203C. In clause (9),- (a) for the word, "salary", occurring twice, the word "remuneration" shall be substituted: and (b) for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:- Provided that where a Judge is already drawing a pension for any other post in the service of Pakistan, the amount of such pension shall be deducted from the pension admissible under this clause."

20. 209. In clause (5) - (i) for the words and comma "received from the Council or from any other source," the words and comma "from any source, the Council or" shall be substituted: and (ii) after the words "Council to", the commas and words" ,or the Council may, on its own motion," shall be inserted.

21. 218. (1) For clause (1) the following shall be substituted, namely:- "(1) For the purpose of election to both Houses of Majlis-e-Shoora (Parliament), Provincial Assemblies and for election of such other public offices as may be specified by law or until such law is made by the Majlis-e-Shoora (Parliament) by Order of the President, a permanent Election Commission shall be constituted in accordance with this Article.".

(2) in clause (2), in paragraph (b),- (i) for the word "two" the word "four" shall be substituted; and (ii) after the words "High Court", occurring for the first time, the words "from each Province" shall be inserted.

22. 224. In Article 224,-

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(a) in clause (1),- (i) for the word "preceding" the word "following" shall be substituted; and (ii) for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:- Provided that on dissolution of an Assembly on completion of its term, the President, in his discretion, or, as the case may be, the Governor, in his discretion but with the previous approval of the President, shall appoint a care-taker Cabinet.";

(b) in clause (4), after the words and comma "Provincial Assembly, a", the word "general" shall be inserted; (c) after clause (5), the following new clauses shall be added, namely:- "(6) When a seat reserved for women or non-Muslims in the National Assembly or a Provincial Assembly falls vacant, for death, resignation or disqualification of a member, it shall be filled by the next person in order of precedence from the party list of the candidates submitted to the Election Commission for the last general election by the political party whose member has vacated such seat. (7) When a care-taker Cabinet is appointed, on dissolution of the National Assembly under Article 58 or a Provincial Assembly under Article 112, or on dissolution of any such Assembly on completion of its term, the Prime Minister or, as the case may be, the Chief Minister of the caretaker Cabinet shall not be eligible to contest the immediately following election of such Assembly.".

23. 243. (1) In clause (2),- (a) in paragraph (a), after the semi-colon at the end. the word "and" shall be added; (b) in paragraph (b), for the word and semi-colon "and;" a full stop shall be substituted; and (c) clause (c) shall be omitted; and

(2) After clause (2), amended as aforesaid, the following new clause shall be added, namely:- "(3) The President shall, in his discretion, appoint- (a) the Chairman, Joint Chiefs of Staff Committee; (b) the Chief of the Army Staff; (c) the Chief of the Naval Staff; and (d) the Chief of the Air Staff, and shall also determine their salaries and allowances."

24. 260. In clause (1), after the expression "clause", the following new expression shall be inserted, namely:- "consultation" shall, save in respect of appointments of Judges of the Supreme Court and High Courts, mean discussion and deliberation which shall not be binding on the President.". 25. 268. In clause (2),- (a) after the word "amended", the commas and words ", expressly or impliedly," shall be inserted; and (b) after the word "President", the words "accorded after consultation with the Prime Minister" shall be added.

26. Part After Article 270A. the following new Articles shall be inserted, namely:- XII, "270AA. Validation of laws.- Chapter (1) The Proclamation of Emergency of the fourteenth day of October, 1999, all President's 7 Orders, Ordinances, Chief Executive's Orders, including the Provisional Constitution Order No.1 of 1999, the Oath of Office (Judges) Order, 2000 (No. l of 2000), the Referendum Order, 2002 (Chief Executive's Order No. 12 of 2002) and all other laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the date on which this Article comes into force, are hereby affirmed, adopted and declared notwithstanding any judgment of any court, to have been validly made by competent authority and notwithstanding anything contained in the constitution shall not be called in question in any court on any ground whatsoever. (2) All orders made, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the twelfth day of October, one thousand nine hundred and ninety-nine, and the date on which this Article comes into force (both days inclusive), in exercise of the powers derived from any proclamation, President's Orders, Ordinances, Chief Executive's Orders, enactments, notifications, rules, orders, bye-laws, or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been

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validly made, taken or done and shall not be called in question in any court on any ground whatsoever. (3) All Proclamations, President's Orders, Ordinances, Chief Executive's Orders, laws, regulations, enactments, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority. Explanation.- In this clause, "competent authority" means, (a) in respect of President's Orders, Ordinances, Chief Executive's Orders and enactments, the appropriate Legislature: and (b) in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.

(4) No suit, prosecution or other legal proceedings shall lie in any court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. (5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, appointments made, including secondments and deputations, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby.

27. 270B In Article 270B, after the figure and comma "1977,", the words commas, the figures, brackets and letters "and the Conduct of General Elections Order, 2002 (Chief Executive's Order No.7 of 2002)," shall be inserted. 28. Part After Article 270B, amended as aforesaid, the following new Article shall be inserted, namely:- XII, "270C. Oath of office of Judges, etc.- Chapter Notwithstanding anything contained in the Constitution, all persons appointed as Judges of the 7 Supreme Court, High Courts and Federal Shariat Court who have taken oath under the Oath of Office (Judges) Order, 2000 (1 of 2002), or not having been given or taken oath under that Order have ceased to continue to hold the office of a Judge shall be deemed to have been appointed or ceased to continue to hold such office, as the case may be, under the Constitution and such appointment or cession of office shall have effect accordingly.".

29. Sixth After entry 24, the following new entries shall be added, namely:- Schedul 25. The State Bank of Pakistan Act, 1956 (XXXIII of 1956). e 26. The National Accountability Bureau Ordinance, 1999 (XVIII of 1999). 27. The Baluchistan Local Government Ordinance, 2001 (XVIII of 2001). 28. The North-West Frontier Province, Local Government Ordinance, 2001 (XIV of 2001). 29. The Punjab Local Government Ordinance, 2001 (XIII of 2001). 30. The Sind Local Government Ordinance, 2001 (XXVII of 2001). 31. The Election Commission Order, 2002 (Chief Executive's Order No. l of 2002). 32. The Conduct of General Elections Order, 2002 (Chief Executive's Order No.7 of 2002). 33. The Political Parties Order, 2002 (Chief Executive's Order No.18 of 2002). 34. The Qualification to Hold Public Offices Order, 2002 (Chief Executive's Order No. 19 of 2002).

35. The Police Order, 2002 (Chief Executive's Order No.22 of 2002)."

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Appendix-VII Constitution (XVII-Seventeenth Amendment Bill) Act, 2003 Constitution of the Islamic Republic of Pakistan Gazette of Pakistan, Extraordinary, 2003 A Bill further to amend the Constitution of the Islamic Republic of Pakistan: WHERE AS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing; It is hereby enacted as follows: 1. Short title and commencement: (1) This Act may be called the Constitution (Seventeenth Amendment) Act, 2003 (2) It shall come into force at once. 2. Amendment of Article 41 of the Constitution: In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 41, (1) In clause (7), in paragraph (b), for the full stop at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely; Provided that paragraph (d) of clause (1) of Article 63 shall become operative on and from the 31st day of December, 2004." (2) After clause (7) amended as aforesaid, the following new clauses shall be added, namely:- "(8) Without prejudice to the provisions of clause (7), any member or members of a House of Majlis-e- Shoora (Parliament) or of a Provincial Assembly, individually or jointly, may, not later than thirty days from the commencement of the Constitution (Seventeenth Amendment) Act, 2003, move a resolution for vote of confidence for further affirmation of the President in office by majority of the members present and voting, by division or any other method as prescribed in the rules made by the Federal Government under clause (9), of the electoral college consisting of members of both Houses of Majlis-e-Shoora (Parliament) and the Provincial Assemblies, in a special session of each House of Majlis-e-Shoora (Parliament) and of each Provincial Assembly summoned for the purpose, and the vote of confidence having been passed, the President, notwithstanding anything contained in the Constitution or judgment of any court, shall be deemed to be elected to hold office for a term of five years under the Constitution, and the same shall not be called in question in any court or forum on any ground whatsoever. (9) Notwithstanding anything contained in the Constitution or any other law for the time being in force, the proceedings for the vote of confidence referred to in clause (8) shall be regulated and conducted by the Chief Election Commissioner in accordance with such procedure and the votes shall be counted in such manner as may be prescribed by the rules framed by the Federal Government: Provided that clauses (8) and (9) shall be valid only for the forthcoming vote of confidence for the current term of the President in office."

3. Amendment of Article 58 of the Constitution: In the Constitution, in Article 58, after clause (2), the following new clause shall be added, namely:- "(3) The President in case of dissolution of the National Assembly under paragraph (b) of clause (2) shall, within fifteen days of the dissolution, refer the matter to the Supreme Court and the Supreme Court shall decide the reference within thirty days whose decision shall be final".

4. Amendment of Article 112 of the Constitution: In the Constitution, in Article 112, after clause (2), the following new clause shall be added, namely:- "(3) The Governor in case of dissolution of the Provisional Assembly under paragraph (b) of clause (2) shall within fifteen days of the dissolution refer the matter to the Supreme Court with the previous approval of the President and the Supreme Court shall decide the reference within thirty days whose decision shall be final."

5. Omission of Article 152 A of the Constitution: In the Constitution, Article 152 A shall be omitted. 6. Substitution of Article 179 of the Constitution: In the Constitution, for Article 179, the following shall be substituted, namely: "179. Retiring Age-

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A judge of the Supreme Court shall hold office until he attains the age of sixty five years, unless he sooner resigns or is removed from office in accordance with the Constitution."

7. Substitution of Article 195 of the Constitution: In the Constitution, for Article 195, the following shall be substituted, namely: "195 Retiring Age- A judge of the High Court shall hold office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with the Constitution."

8. Amendment of Article 243 of the Constitution: In the Constitution, in Article 243, in clause (3), for the words "in his discretion" the words "in consultation with the Prime Minister" shall be substituted. 9. Amendment of Article 268 of the Constitution: In the Constitution, in Article 268, in clause (2), for the full stop at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely: Provided that the laws mentioned at entries 27 to 30 and entry 35 in the Sixth Schedule shall stand omitted after six years". 10. Substitution of Article 270-AA of the Constitution:In the Constitution, for Article 270 AA, the following shall be substituted, namely:- "270- Validation and affirmation of laws etc. AA (1) The Proclamation of Emergency of the fourteenth day of October, 1999, all President's Orders, Ordinances, Chief Executive's Orders, including the Provisional Constitution Order No. 1 of 1999, the Oath of Office (Judges) Order, 2000 (No. 1 of 2000), Chief Executive's Order No. 12 of 2002, the amendments made in the Constitution through the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), the Legal Framework (Amendment) Order , 2002 (Chief Executive's Order No. 29 of 2002), the Legal Framework (Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of 2002) and all other laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the date on which this Article comes into force (both days inclusive), having been duly made or accordingly affirmed, adopted and declared to have been validly made by the competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground whatsoever. (2) All orders made, proceedings taken, appointments made, including second ments and deputations, and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the twelfth day of October, one thousand nine hundred and ninety-nine, and the date on which this Article comes into force (both days inclusive), in exercise of the powers derived from any Proclamation, President's Orders, Ordinances, Chief Executive's Orders, enactments, including amendments in the Constitution, notifications, rules, orders, bye-laws or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court or forum on any ground whatsoever. (3) All Proclamations, President's Orders, Ordinances, Chief Executive's Orders, laws, regulations, enactments, including amendments in the Constitution, notification, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force, until altered, repealed or amended by the competent authority. Explanation: In this clause," competent authority" means,- (a) in respect of President's Orders, Ordinances, Chief Executive's Orders and enactments, including amendments in the Constitution, the appropriate Legislature; and (b) in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.

(4) No suit, prosecution or other legal proceedings, including writ petitions, shall lie in any court or forum against any authority or any persons, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. (5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken , appointments made, including secondments and deputations, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and

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for the purpose intended to be served thereby".

Statement of objects and reasons: This Bill seeks to amend Article 41, 58, 112, 152A, 179, 195, 243, 268 and 270 AA of the Constitution as under:- (a) Article 41 is sought to be amended to add a proviso to paragraph (b) of clause (7) and after clause (7) amended as aforesaid, new clauses (8) and (9) have been added. Clause (8) provides for vote of confidence in the President and clause (9) empowers the Federal Government to make rules for conducting vote of confidence. (b) Article 58 is sought to be amended to the effect that on dissolution of the National Assembly in terms of paragraph (b) of clause (2) of Article 58, the President shall refer the matter to the Supreme Court. (c) Article 112 is also being amended on the lines of amendment proposed in Article 58. (d) Article 152 A is proposed to be omitted. (e) Article 179 is proposed to be substituted. (f) Article 195 is proposed to be substituted. (g) The amendment in Article 243 substitutes the expression "in his discretion" with the expression "in consultation with the Prime Minister". (h) The amendment in clause (2) of Article 268 seeks to omit entries 27 to 30 and entry 35 in the Sixth Schedule after six years. (i) Article 270 AA is to be substituted for providing affirmation and continuation of all laws made and actions taken between the twelfth day of October , 1999, and the day on which this Article comes into force.

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 Dr. Mughees Ahmad, Legitimacy Crisis in Pakistan: A Comprehensive Study of the Political Behavior, Journal of Political Studies, 2010  Dr. Aamir Ali, Non-Party based General Election of 1985: Causes and Effects, International Conference on Social Science and Humanity, Singapore, IPEDR Vol. 5, 2011  Devolution in Pakistan, Overview of the ADB/DfID/World Bank study May 19, 2004  W. Eric, Gustafson, Pakistan 1978: At the Brink Again, Asian Survey, Vol. 19, No, 2, A Survey of the Asia in 1978, February 1979  Farzana Sheikh, Luck Running Out, The World Today, Vol. 63, No. 12, Royal Institution of International Affairs, December 2007  Fazlur Raman, Islam and the Constitutional Problem of Pakistan, Studia Islamia, No. 32, 1970  G. W. Chudhary, Democracy on Trial in Pakistan, Middle East Journal, Vol. 17, No. 1/2 winter 1963  Gareth Price, Anyone for a Deal, The World Today, Vol. 64, No. 1, Royal Institution of International Affairs, January 2008  G.W. Chudhary, Constitution: Making Dilemmas in Pakistan, The Western Political Quarter, Vol.8, No.4 December 1955  G.W. Chudhary, The Constitution of Pakistan, Pacific Affairs, vol. 29. No.3, September 1956  G. W. Chudhary, New Pakistan’s Constitution, Middle East Journal, Vol. 28 No. 1, Winter 1974  Haris Gazdar, Goodbye General Musharraf, Hello “Troika”, Economic & Political, Weekly, Vol. 42, No. 50, December15-21, 2007  Haris Gazdar, Judicial Activism vs. Democratic Consolidation in Pakistan, Economic and Political Weekly Vol. 44, No. 32, Published by Economic and Political Weekly , August 8-14, 2009  Haris Gazdar, Musharraf Legacy, Economic and Political Weekly Vol. 42, No. 14, Published by: Economic and Political Weekly , April 8-14, 2007  Ian Talbot, Pakistan in 2002: Democracy, terrorism, and Brinkmanship, Asian Survey, Vol. 43, No. 1, February 2003

324

 Ian Talbot, Pakistan In 2003: Political Deadlock and Continuing Uncertainties, Asian Survey, Vol. 11, No. 44 ,California, USA, January-February , 2004  Hussain, Ishtiaq, “Pakistan’s October 1999 Military Coup: Its Causes and Consequences”, Asian Journal of Political Science Vol. 8 No. 2, December 2000  J.S. Bains, Some Thoughts on Pakistan New Constitution, The Indian Journal of Political Science, Vol.23, No.1/4December 1962  Jamal Shah, Zia-Ul-Haq and the Proliferation of Religion in Pakistan, International Journal of Business and Social Science Vol. 3 No. 21; November 2012  Jahangir Khan, The Violation of Civil Mandate by Military in Pakistan: A Case Study of 1999’s Musharraf Takeover, Abdul Wali Khan University Mardan, MAGNT Research Report (ISSN. 1444-8939) Vol.3 (4), 2012  Kennedy, H. Charles,, Pakistan In 2005: Surviving Domestic and International tremors, Asian Survey, Vol. 11, No. 46, California, USA, January-February, 2006  Kamran Khan, 17th Constitutional Amendment & Its Aftermath: The Role of MMA, Pakistan Vision, Vol.9, No.2, 2005  Khalid bin Saeed, Pakistan: New Challenges to the Political System, Asian Survey, Vol. 8, No. 2, A survey of Asia in 1967, Part II, February 1968  Lawrence Ziring, Public Policy Dilemmas and Pakistan’s Nationality Problem: The Legacy of Zia-ul-Haq, Asian Survey, Vol. 28, No. 8, California, USA, August 1988  Lt. Colonel Inderjit Singh & Tara Singh, Military Rule Versus Civilian Rule: An Analytical Study on the People’s choice of Leadership in Pakistan, International Journal of Humanities and Social Sciences, (IOSR-JHSS), Vol. 1, No. 8, USA, 2011  Lubna Kanwal, Zia, Islam and Politics of Legitimacy, Bahauddin Zakariya University, AL-ADWA, Multan, Pakistan, 2012  Leslie wolf, Philips, Constitutional Legitimacy: A study of the doctrine of necessity, Third world Quarterly, Vol. 16, No. 4 October, 1979  Lawrence Ziring, Militarism in Pakistan: The Yahya Khan Interregnum, Asian affairs, Vol. 1, No. 6, July- August 1974  Leonard Binder, The New Constitution of Pakistan, Pakistan Horizon, Vol. 8, No. 2 , June 1956  Mohindra Rupram, Musharraf: The Embattled Pakistani President Will Stay in Power, Harvard International Review, Vol. 30, No.2, USA, Summer 2008

325

 Matthew J. Nelson , Pakistan in 2008: Moving beyond Musharraf , Asian Survey, Vol. 49, No. 1,California, USA, February , 2009  Muhammad Akram Sheikh, Revival of the Constitution and Judiciary in Pakistan, Policy Perspectives , Vol. 5, No. 3, Published by Pluto Journals, July - December 2008  Mubasher Nadeem, Aware: The Most Unaware ( A Reflection of the Constitutional Understanding of the Educated People of Pakistan Regarding Human Rights), International Journal of Innovative Research & Development, Vol. 1, Issue. 9, ISSN, November 2012  Muhammad Nasrullah Virk, Doctrine of Necessity-Application in Pakistan- Cases of Immense Importance- A Critical Review, International J. Social. Science & Education, Vol. 2 Issue 2, 2012 ISSN: 2223-4934 PhD Scholar University of Education, Pakistan  Mumtaz Ahmad, The Crescent and the Sword: Islam, the Military and Political Legitimacy in Pakistan 1977-1985, Middle East Journal, Published by: Middle East Institute Vol. 50, No. 3, Summer 1996  M. Salman Azhar, Decentralization Reforms in Pakistan During Ayub and Zia Era, Journal of Public Administration and Governance, Marco Think Institute, Vol. 2, No. 1, 2012  Mazhar Hussain, Religio-Political Discourse and Jam’iyyat Ulema-e-Pakistan (JUP) a Careful Study of Different Narratives (1970-2003). International Journal of Social Science Studies Vol. 4, No. 6, June 2016  Moten ,Abdul Rashid, “From Crisis to Crisis: Musharraf’s Personal Rule and the 2002 Elections in Pakistan”, The Muslim World, July-October 2003  Omer Noman, Pakistan and General Zia: Era and Legacy, Third World Quarterly, Vol. 11, No.1, Taylor & Francis, Ltd, January 1989  Mehrunnisa Ali. Aftermath of the March 1977 Election, Pakistan Horizon, Vol. 7, No. 3/4 Quarter1977  P.M. Kamath, Pakistan after the Kargil crisis: Implication for India, Indian Journal of Asian Affairs, Vol. 13, No. 1/ 2 December 2000  Rashid Rehman, Back to the Devolution of Power, Economic & Political, Weekly, Vol. 6, No. 35, May 6-12, 2000

326

 Richard Wheeler, Pakistan: New Constitution, Old Issues, Asian Survey,Vol.3, No.2, A Survey of Asian in 1962, February 1963  Rathnam Indurthy, The Fragility of Democracy in Pakistan: the Military as the Root Cause, The Indian Journal of Political Science, Vol. 52, No. 3 ,July - Sept., 1991  Roscoe Pound, The Constitution: Its Development, Adoptability and Future , American Bar Association Journal, Vol. 23, No. 10, USA, October, 1937  Rizvi, Hasan. A. The Paradox of the Military Rule in Pakistan, Asian Survey, Vol. 24, No. 5, May 1985  Shoaib A. Ghias, Miscarriage of Chief Justice: Judicial Power and the Legal Complex in Pakistan under Musharraf, Law & Social Inquiry Vol. 35, No. 4 ,Fall 2010, Published by Wiley on behalf of the Amercan Bar Foundation  Sheikh Nadeem Ahmad & Sajida Begum, Historical Perspective of the Political and Constitutional Development in Pakistan, Journal of Humanities and Social Sciences, (IOSR-JHSS), Volume 20, February 2015  Syed, Vali Nasr, Islamic Opposition to the Islamic State: The Jamiat-i-Islami, 1977- 88, Journal of Middle East Studies, Vol. 25, No. 2, Cambridge University Press, UK, May 1993  Surrender Singh,, The Constitutional Problems of Pakistan, The Indian Journal of Political Science, Vol.17, No.1, March 1956  Susheela Kaushik, Constitution of Pakistan at Work, Asian Survey, Vol. 3, No. 8, August 1963  Simon Gardner, “Pakistan’s Media Slams Musharraf’s ‘Second Coup” Reuters, November 4, 2007  Vali Nasr, Military Rule: Islam and Democracy in Pakistan, Middle East Journal, Vol. 12, No. 58, Middle East Institute, Spring 2004  The Pakistani Lawyers Movement and the Popular Currency of Judicial Power, Harvard Law Review Vol. 123, No. 7, Published , Harvard Law Review Association, MAY 2010  Tehmina Mehmud, India and Pakistan’s Nuclear Explosions: An Analysis, Pakistan Horizon, Vol. 52, No. 1, January 2000  William L. Richter, Pakistan In 1984: Digging Inn, Asian Survey, Vol. 25, No. 2, California, USA, January & February , 1985

327

 Wilcox, A. Wayne, The Pakistan Coup d’état of 1958, journal of Pacific Affairs, 1965, Vol. 38, No. 2, 1965  Zaidi .S. Akbar, Pakistan: Legitimizing Military Rule, Economy & Political Weekly, Vol. 36, No.40, October 6-12, 2001  Zaidi, S. Akbar, Democracy, Development and Dictatorship, Economic & Political, Weekly, Vol. 34, No. 45, November 6-12 , 1999  Zaidi, S. Akbar, Musharraf’s Silent Revolution: Undone by Democracy, Economic & Political, Weekly, Vol. 38, No. 29, July 19-25, 2003  Zaidi, S. Akbar, Elections: Continuity Rather Than Change, Economic & Political, Weekly, Vol. 4, No. 37, November 2-7, 2002  Zaidi, S. Akbar, A Benevolent Dictatorship, Economic & Political, Weekly, Vol. 5 No. 34, October 16-29, 1999  Zaidi, S. Akbar, State, Military and Social Transition: Improbable Future of Democracy in Pakistan, Economic & Political, Weekly, Vol. 40, No. 49, December 3-9, 2005  Zaidi, S. Akbar, Musharraf and his Collaborators, Economy & Political Weekly, Vol. 42, No.45-46, November 2007  Zaidi, S. Akbar, Politics of Opportunism, Economic & Political, Weekly, Vol. 37, No. 44, November 2-15, 2002  Zahid Yasin, Hypothetical, Political System of Martial Law: A Case Study of General Zia-ul-Haq, G.C. University Faisalabad, JPUHS, Vol.29, No.1, Jan –June 2011

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Un-Published Thesis

 Afshan Arshad “Pakistan ki Siasat Mai Adaro ka Kirdar 1977-90”, The Islamia University of Bahawalpur.  Aisha Akhtar, Future of Democracy in Pakistan, The Islamia University of Bahawalpur.  Ahsan Ullah Khan, “Political & Constitutional Crisis in Pakistan 1988-99” The Islamia University of Bahawalpur.  Abdul Qadir Mushtaq, Movement for Restoration of Democracy (MRD), Article Published from Punjab University, Lahore, January 2015.  Chimayo, M. Kotera. “Civil Military Relations: A Comparative Study of India and Pakistan”, PhD dissertation, RAND Graduate School, 1997  Fayyaz Anwar “Punjab Key Baldiyati Nazam Ki Karkerdige”, The Islamia University of Bahawalpur.  Fariha Khalid, Dilemma of Democracy in Pakistan 1988-2010, The Islamia University of Bahawalpur.  Hashmi, Zahra Akram, “Economic Policy of PPP (1971-1977) Effects and Consequences” The Islamia University of Bahawalpur  Hussain, Ejaz. “Military Agency, Politics and the State: the case of Pakistan”, PhD dissertation Heidelberg University, 2010, p.204  M. Shahid Iqbal, “The Role of Judiciary in Pakistan Politics” The Islamia University of Bahawalpur.  Masood Akhtar Zahid, Dictatorship in Pakistan, A Study of the Zia Era, Quaid-e- Azam University Islamabad.  Muhammad Ayaz, M. Phil Thesis, Awami National Party: A Political History (1986- 1999), Department of History, International Islamic University, Islamabad, September 2011  M. Ismail “Pakistan Mai Jmahoori Nizam Aik Tajziati Jaiza”, The Islamia University of Bahawalpur.  Syed Muhammad Ali, Politics of Alliance a Case Study of MRD (1981), (MSC Pakistan Studies, Islamabad, Allama Iqbal Open University of Islamabad, 1997  Naseem Kausar “Ayub Khan Key Dour Mai Military Aur Bureaucracy key Kirdar ka Jaiza”, The Islamia University of Bahawalpur.

329

English Books

 Achariya, Kotila, Earth Shastar, S. Shastri, Translated by Shan-ul-Haq, Karachi, 1991  Afzal, M. Rafiq, Political Parties in Pakistan, Islamabad, 1976  Ahmad, Munir, From Jinnah to Zia, Lahore, 1989  Ahmad Mushtaq, Government and Politics in Pakistan, Karachi, 1985  Ahmad Rashid. Taliban, New York, 2001  Ahmad Waheed, Shahrah-e Azadi, Act 1935, Islamabad, 1990  Alfarabi, Abu Nasser, Araehal Almadinaal Fazilia, Beirut, 1959  Andrew Haywood, Political Ideology &Concept, London, 1998  Arif, K.M., Working with Zia, Rawalpindi, 1993  Arif, K.M., Khaki Shadow:Pakistan1947-1997, Karachi, 2001  Ayub Khan, Friend’s Not Master, Karachi, 1967  B. M. Chengappa, Pakistan: Islamization, Army & Foreign Policy, Delhi, 2004  Bapat, P.V, 2500 years of Buddhism, Delhi, 1948  Baxter, Craig, Pakistan on the Brink, Politics, Karachi, 2005  Baxter, Craig, Pakistan under the military 11 years of Zia ul Haq, Colorado, 1991  Baxter, Craig, Pakistan under the Military, Karachi, 2005  Baxter, Craig, Zia’s Pakistan: Politics and Stability in Frontline State, Vanguard Books, Lahore, 1997  Bhutto, Z. A, Speeches of Bhutto, Islamabad: NDC, 1984  Bhutto, Benazir. Dictatorship or Democracy, Lahore , 2002  Bob Woodward, Bush at War, New York, 2003  Burki, Shahid Javed, Pakistan under Bhutto 1971-77, Hong Kong, 1988  Catlin. G, History of Political Philosophers, USA, 1971  Durab Patel, Military Dictatorship in Pakistan and the role of Judges,Lahore,1989  Durant Will, The Story of Civilization, New York, 1955  Emma Duncan, Breaking the Curfew, London, 1989  Ernest Barker, Greek Political Theory, London, 1967  Elhan Niaz, The Culture of Power and Governance of Pakistan 1947-2008, Karachi, 2010  Fakhar-ul-Islam, Political Alliances in Pakistan, Peshawar, 1987  Feldman, Herbert, A Constitution for Pakistan, Karachi, 1955

330

 Feldman, Herbert, From Crisis to Crisis: Pakistan 1962-1969, London, 1970  G.W Chudhary, Constitutional Development in Pakistan, London, 1969  Gohar, Altaf, Ayub Khan: Pakistan’s First Military Ruler. Karachi, 1996  Grover, T.R. Democracy in Ancient Times, New York 1966  Gupta, V. K. Kautitiyan Jurisprudence, New Delhi, 1944  Hameedullah, Khutabat-e-Bahawalpur, Islamia University Bahawalpur, 1987  Hamid Yousaf, Pakistan: A Study of Political Development 1947-97, Lahore, 1999  Hammond, B.E. Political Institution of Ancient Greek, London, 1978  Hennery, Thomas, Great Philosophers, New York, 1946  Hussain, Mushahid, Pakistan’s Politics-The Zia years, Lahore, 1990  Hymen, Anthony, Pakistan: Zia and after, New Delhi, 1989  Jalal, Ayesha, The State of Martial Law Rule, Cambridge, 1990  Jennings, Sir Ivor, Constitutional Problems in Pakistan, Cambridge, 1957  Kapur, Anup Chand, Constitutional History of India 1765-1970, New Delhi, 1970  Keith A. B., A Constitutional History of India 1600-1935, Allahabad, 1967  Keith Collard, Pakistan, A Political Study, London, 1968  Khalid Bin Saeed, The Political System of Pakistan, Karachi, 1967  Khan, Asghar, Generals in Politics: Pakistan 1958-1982, New Delhi, 1983  Khan, H, 8th Amendment-Constitutional & Political Crisis in Pakistan, Karachi, 1990  Khan, Hamid, The Constitutional & Political History of Pakistan, Karachi, 1996  Khan, Roedad, Pakistan a Dream Gone Sour, Islamabad, 1998  Khan, Shahrukh Rafi, Pakistan Under Musharraf, Lahore, 2008  Khan, Shahrukh Rafi, Initiating Devolution, Service Delivery in Pakistan, Ignoring the Power Structure, New York, 2007  Lawrence Ziring, Pakistan in the Twentieth Century: A Political Study, Oxford University Press, Karachi, 1997  Majumdar, R.C, An Advanced History of India, Lahore, 1946  Maluka, Z. Khalid, The Myth of Constitutionalism in Pakistan. Karachi, 2002  McGrath, Allen. The Destruction of Pakistan's Democracy, New York, 2001  Megasthenes, Indika, Ancient India; As Describes By Megasthenes and Arrian, Translate by Maccrindle, J. W, London, 1877  Mehmud, Sohail, Musharraf’s Regime and the Governance Crisis, NY, 2008

331

 Mehmud, M. Dilawer, The judiciary and Politics in Pakistan, Lahore, 2007  Mian, Ajmal. A judge speaks out. Karachi: Oxford University Press, 2004  Mills, John Stuart, The Principles of Political Economy, London, 1944,  Muhammad Ali, Ch. Emergence of Pakistan, Karachi, 1960  Muhammad Wasim, Pakistan Under Martial Law 1977-85, Lahore,1990  Mushtaq Ahmad, Justice, Judge in Politics, Lahore, 1987  Mushtaq Ahmad, Government and Politics in Pakistan, Lahore, 1985  Nehru, Jawaharlal Lal, Discovery of India, New Delhi, 1966  Omar Noman, Pakistan’s Political Economic History Since 1947, London, 1988  Pasha, Ahmad Sujah, Pakistan: A Political Profile1947-88, Lahore, 1991  Pervez Musharraf, In the Line of Fire, Islamabad, 2006  Pollard, A. F. The Evolution of Parliament, New York, 1974  Rabbani, Mian Raza, LFO-Fraud on the Constitution, Karachi, 2003  Rizvi, H. A., Military, State and Society in Pakistan, Lahore, 2001  Rizvi, H. A., Military and Politics in Pakistan1947-1986. Lahore, 1988  Rizvi, Murtaza, Musharraf; The Year in Power, New Delhi, 2009  Romila Tharper, A History of the India, England, 1983  Mehmud, Safdar, A Political Study of Pakistan, Lahore, 1988  Mehmud, Safdar, Pakistan Divided, Lahore, 1990  Mehmud, Safdar, A Constitution for Pakistan, Lahore, 1995  Mehmud, Safdar, Constitutional Foundation of Pakistan, Lahore, 1997  Saighal, Vinod. Restructuring Pakistan, New Delhi, 2002  Satish Kumar, The New Pakistan, New Delhi, 1978  Shah, S. A. Law Courts in a Glass House. Karachi, 1995  Soltao, Introduction to the Politics, London, 1968  Sardar Sherbaz Khan Mazari, A Journey to Disillusionment, Karachi, 1995  Tahir Amin, Ethno National Movement of Pakistan, Islamabad, 1988  Zafar, M.D, A Short History of Pakistan. Lahore, 1997  Zahid Islam, Local Governments in Pakistan, Lahore, 2008  Zia-ul-Islam. Good Governance for Pakistan. Lahore, 2003  Ziring, Lawrence, The Ayub Khan Era,London, 1971  Ziring, Lawrence, The Enigma of Political Development,London, 1980

332

Urdu Books  Abid, Salman, Pakistan Ka Niya Siasi Nazam, Lahore, 2002  Afridi, Javed Ahmad, Operation Fair Play, Karachi, 1984  Ahmad, Professor Ghafoor, Phir Martial Law Aa Gaya, Lahore, 1988  Ahmad, Professor Ghafoor, Aur Election Na Ho Sakey, Lahore, 1990  Ahmad, Professor Ghafoor, General Zia Key Akhri Giarah Saal, Lahore, 1988  ______, Pervez Musharraf: Army House Say Evaan-e- Sadr Tak, Lahore, 2009  Ahmad, Syed Noor, Martial Law Se Martial Law Tak, Lahore, 1984  Ahmad, Saleem, 6 August 1990 Key Baad, Lahore, 1988  Ahmad, Saleem, Assemblian, Ehtesab Aur Adlia, Lahore, 1997  Ahmad ,Saleem, Ghulam Muhammad Se Ghulam Ishaq Khan Tak, Lahore, 1997  Ahmad ,Sujah Pasha, Pakistan Ka Aain, Lahore, 1997  Altaf Gauhar, Fuji Raj key Pehley 10 Saal, Lahore, 1995  Amin Hafeez, Gernelo ki Aini Tarmeem, Lahore, 2003  Ansari, Zafar Ahmad, Zia-ul-Haq Shkhsiat Aur karnamey, Islamabad, 1988  Aslam Lodhi, Kargill Say Wapsi Kyon, Lahore, 1999  Aslam Mir, Jamhooriyat Aur Pakistani yet key Drust Zaviye, Islamabad, 1996  Azhar Sohail, General Zia key 11 Saal, Lahore, 1988  Azhar Sohail, Saazishon ka Dour, Lahore, 1990  Baber, Zaheer Ahmad, Pakistan Mai Jamhori Hakoomtain, Lahore, 2001  Bari, Aliag, Company ki Hakumat, Lahore, 1978  Chishty, Faiz Ali, Bhutto, Zia Aur Mai, Lahore, 1991  Chudhary, Muhammad Ali, Zahoor-e-Pakistan, Lahore, 1984  Farid ud Din, Jadeed Dasateer Aalam, Karachi, 1988  Farooq Qurashi, Pakistan Mein Jamhooriyat ka Zawal, Lahore, 1987  Gauhar Sultana, Jamhooriyat key Qatil Koun, Lahore, 1995  Hamza Alvi, Pakistan: Riasat, Aur as ka Buhraan, Lahore, 1993  Jaffery, Syed Asif Ali. Muhafz-e- Pakistan. Lahore, 2006  Javed Ali Naqvi, Mehallati Sazishein, Lahore, 2001  Khalid Mehmud, Zia key Hamrah, Islamabad, 1996  Khan, Abdul Wali, Asal Haqaiq Yeh Hain, Karachi, 1988.  Khurshid Ahmad, Pakistan, Siasat Aur Aain, Islamabad, 1994  Maqbool, Irshad, Jerneal Beeti, Lahore, 2006  Maqbool, Irshad, Iqtadar Mai Pervez Musharraf Key Akhri 365 Din, Lahore, 2008

333

 Mehdi Hassan, Pakistan Ki Siasi Jamatain, Lahore, 1980  Mehmud, Safdar, Muslim League ka Dour-e-Hakumat 1947-1954, Lahore, 1990  Mehmud, Safdar, Aain-e-Pakistan 1973, Lahore, 1991  Muhammad Ali Chiragh, Tareekh -e-Pakistan, Lahore, 1996  Muhammad Azam, Maqami Hakoomtain, Lahore, 2003  Munir Ahmad, Pakistan Mai Zilai Nizam-e-Hakumat Aur Election 2002, Lahore, 2003  Munir Ahmad, Buhranoo ka Dour, Lahore, 2000  Munir Ahmad, General Muhammad Yahya Khan Shkhsiat-o-Kirdar, Lahore, 1999  Munir Ahmad, Jerneal Shahi, Lahore, 1997  Murtaza Anjum, Siasat, Aien or Adalat, Lahore, 2002  Naseer Ahmad, Pakistan Ik Jamhori Riasat Kiyu Na Ban Saka, Lahore, 1987  Niazi, Maulana Kausar, Aur line Kat Gai, Lahore, 1987  Noor, Ahmad Noor, Martial Law Say Martial Law Tak, Lahore, 1967  Pervez Shami, Jerneloon Key Refrandum, Lahore, 2000  Qadri, Shamim Ahmad, Judge or Siyasat, Lahore, 1992  Rafi Ullah Shahab, Pakistan key 50 Saal, Lahore, 1997  Rashidi, Pir Ali Muhammad, One Unit ki Tareekh, Lahore 1993  Safdar Mehmud, Pakistan, Tareekh-o-Siasat 1947-88, Lahore, 1989  Shahid Hassan, Tareekh e Jamhooria, Lahore, 1957  Shahid Mukhtar, Pakistan Mai Fuji Hakoomtain, Lahore, 2003  Sohail, Azhar, General Zia Key Akhri Giarah Saal, 1988, Lahore  Syed, Abdul Qaddus, Local Self Government in Pakistan, Lahore, 1981  Tirmizi, Irshad Hussain, Hausas Adarey, Lahore, 2004  Zafar Iqbal, Aain say Enharaf, Lahore, 1994  Zafar Mehmud, Athween Tarmeem Martial Law ka Tawan, Lahore, 1995  Zahid Islam, Pakistan Main Local Government, Lahore, 2008  Zafar, S.M. Adalat Mein Siasat, Lahore, 1993  Zafar, S.M. Mere Mashoor Mukkadamay, Lahore, 1997 Newspapers and Magazines (English)

 The Daily, Dawn, Karachi  The Daily, Frontier Post, Islamabad  The Daily, Khyber Mail, Peshawar  The Daily, The Nation, Islamabad

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 The Daily, The Pakistan Times, Karachi  The Daily, The News, Islamabad  The Daily, Pakistan Observer, Islamabad  The Daily, Hindu, India  The Daily, India Today, India  The Daily, Muslim, Lahore  The Daily, New York Times, USA  The Daily, Telegraph, London  The Daily, Washington Post, USA  The Daily, Economist, London  The Daily, Guardian, London Newspapers and Magazines (Urdu)  The Daily, Aaj, Lahore  The Daily, Express, Islamabad  The Daily, Pakistan, Islamabad  The Daily, Jang, Lahore  The Daily, Khabrain, Islamabad  The Daily, Mashraq, Lahore  The Daily, Nawa-e-Waqat, Islamabad  The Weekly, Chattan, Lahore  The Weekly, Takbeer, Karachi  The Daily, Express, Islamabad  The Daily, Inqilab, Lahore  The Weekly, Akhbar-e-Jahan, Karachi  The Daily, Ausaf, Islamabad  The Daily, Jinnah, Islamabad  The Daily, Jurrat, Rawalpindi  The Daily, Al-Akhbar, Peshawar  The Daily, Ummat, Karachi  The Daily, Jasarat, Lahore  The Daily, Huriat, Lahore  Monthly, Sahafat, Lahore

335

Websites

 www.wikipedia.com  www.govtofpk.com Interview of Legal Experts  Pervez Musharraf, interview by Hamid Mir, The Jung  Pervez Musharraf, interview by Ikram Sehgal, The Nation  Pervez Musharraf, interview by Javed Chourdhary, The Express  Pervez Musharraf, interview by Rory McCarthy and Luke Harding. The Guardian  Lt. General Tanveer Naqvi, Chairman National Reconstruction Bureau of Pakistan  Sharifuddin Pirzada, Ex- Advisor NSC. Constitutional Expert of Pakistan  Lt. General Khalid Maqbool, Ex-Governor of Punjab  Daniel Aziz, Ex-Chairman National Reconstruction Bureau of Pakistan  Justice (R) Khalid Ranjha, Federal Minister of Law & Justice  S.M. Zafar, Ex-Senator PML-Q Legal Adviser  Barrister Aitzaz Ahsan, Ex-Senator PPPP Legal Adviser  Hafizuddin Pirzada, Constitutional Expert of Pakistan  Sheikh M. Akram, Constitutional Expert of Pakistan  Ex-CJP Saeed-ud-Zaman Saddique, Constitutional Expert of Pakistan  Ex-CJ Sind High Court, Wajihuddin, Constitutional Expert of Pakistan  Ex-Justice Rashid Ahmad Rizvi, Constitutional Expert of Pakistan  Atharminallah Constitutional Expert of Pakistan  Ex-Justice Tariq Mehmud, Constitutional Expert of Pakistan Interview of Politicians  Iqbal Ahmad Jaggrah, Ex-General Secretary of Muslim League Pakistan-N  Ehsan Iqbal, General Secretary of Muslim League Pakistan-N  Kamal Ali Agha, General Secretary of Muslim League Pakistan-Q  Shireen Mazaari, General Secretary of Pakistan Tehreek-Insaf  Jahangir Badar, Ex-General Secretary of Pakistan People Party  Zahid Khan, General Secretary of Awami National Party

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