Emergency declaration in Pakistan

Altaf Bhimji altaf at wco.com
Thu May 28 22:48:51 PDT 1998


[INLINE]

Emergency declared in Pakistan

President promulgates ordinance; fundamental rights suspended; no

appeal can be entertained in any court against suspension

By our correspondent

ISLAMABAD: In a dramatic development arising out of threat of war or

external aggression, President Rafiq Tarar on Thursday midnight

proclaimed "Emergency" in the country with immediate effect. The

President invoked Article 232 dealing with proclamation of emergency

on account of war, internal disturbance, etc. The proclamation of

emergency was issued following Pakistan's five nuclear tests earlier

in the day.

The enforcement of emergency means that people's right to speech,

moving around anywhere in Pakistan, hold political rallies or public

meetings by any one including political parties, the constitutional

right to form political parties or associations, right to carry out

business, trade and profession of one's own choice, freedom of speech

and expression or freedom of press, and protection of property rights

have been suspended as long as the proclamation of emergency remains

in force.

As regards other fundamental rights - which are enlisted under Article

8 to 28 including laws inconsistent with or in derogation of

fundamental rights to be void, security of person, safeguards as to

arrest and detention, slavery, forced labour, etc. prohibited,

protection against retrospective punishment, protection against double

punishment and self-incrimination, inviolability of dignity of man,

etc. freedom to profess religion and to manage religious institutions

and several others - it is open to the President to declare by order

that the right to enforce those rights shall remain suspended during

the period of the emergency, and so along such order remains in force,

the fundamental rights specified in the order cannot be enforced, and

any proceeding any court in respect thereof shall remain suspended.

The presidential proclamation reads: "Whereas clause 2 of Article 233

of the Constitution of the Islamic Republic of Pakistan provides that

while a Proclamation of Emergency is in force, the President may, by

order, declare that the right to move any court for the enforcement of

such for the fundamental rights conferred by Chapter I of Part II of

the Constitution as may be specified in the order, and any proceeding

in any court which is for the enforcement, or involves the

determination of any questions to the infringement, of the rights so

specified, shall remain suspended for the period during which the

Proclamation is in force;

"And whereas a proclamation of Emergency is in force; Now therefore,

in exercise of the powers conferred by the said clause 2 of Article

233, the President is pleased to declare that the right to move any

court, including a High Court and the Supreme Court for the

enforcement of all the fundamental rights conferred by chapter I of

Part II of the Constitution, and all proceedings pending in any court

which are of the enforcement, or involve the determination of any

question as to the enforcement, of any of the said rights, shall

remain suspended for the period during which the said Proclamation is

in force."

Though the full implications of emergency clamped under Article 232

will only be gauged with the passage of time, legal experts say that

there is no restriction, while the Proclamation of Emergency is in

force, to make any law or to take any executive action in

contravention of the provisions contained in Article 15 (freedom of

movement), Article 16 (freedom of assembly), Article 17 (freedom of

association), Article 18 (freedom of trade, business or profession),

Article 19 (freedom of speech etc), and Article 24 (protection of

property rights).

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May 29, 1998

The News International Pakistan



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