[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).
return next
May 29, 1998
The News International Pakistan