In a book written by Syed Shahid Hussain Khan CSP, it is mentioned that National Defence College of Pakistan was raised to the status of University. There is no copy of Constitution to be found in it, only a commentary. Not surprising that Gen Musharraf found no solution but he did find it only in a letter written by President Lincoln of USA. (See Musharraf’s book of “In the line of fire” page 152). The key part of that letter is
“I felt that matter otherwise unconstitutional might become lawful by becoming indispensable to the preservation of the constitution through the preservation of the nation. I assumed this part and now avow it”
Will Gen Musharraf ever disclose which President’s dream justified sending not only the convict but his entire family into exile with a hefty security deposit with him in US dollars, not to return for ten years not to take part in politics for the same number of years? Oscar Wilde has said somewhere, the truth will be found out sooner or later.
What is happening in the country, media outpacing every other institution, even the judiciary, accusing, amusing, ridiculing attributing motives ignoring the human misery and agony of others. Nobody, no institution has come out showing awareness that there is Article 187 of the Constitution. It is a special provision to be given precedence over every general provision. It has a legal fiction. The moment an order is passed by the Supreme Court under Article 184, by legal fiction, it becomes the order of the High Court, of the choice of Supreme Court. The Supreme Court becomes, as they say in law, functus officio so far its order is concerned. It must keep itself aloof, totally unconnected with it, no oversight at any stage. Then a High Court deals with it as its own order. A full-scale hearing, unlike proceedings under Article 184 follows. It is against orders passed by High Courts that the parties can go to the Supreme Court and await its permission for a full hearing.
As regards hearing in Court, I heard a report of the proceedings on TV that a judge proclaiming that he will be delivering a judgment which will be remembered for twenty years. The judgment when delivered was so worded that both the parties thought that they had won. what a celebration that followed on the roads. Well-attired ladies with signs of V (victory) by fingers jumping on the road, youngsters dancing bhangra, a few others violating the law by firing in the air. A week after when the judgment was cleared of its embellishments of simile hyperbole etc. the correct winner surfaced. The Supreme Court from that day became an arena of contemptuous utterings and it is still going on. Dr. Parvez Hassan – a Senior Advocate – speaks (see ‘Right to Fair Trial’ – Dawn Karachi 6th July 2017):
“Judicial decorum enhances the majesty of the law but when indecorous remarks as ‘mafia’, ‘throw them out of the window’, ‘trash them in the dustbin’, ‘chacha mamas’, ‘paper good only for selling pakoras’ are made, it lowers the pedestal of justice and undermines the basic requirements of a fair trial.”
Just for a diversion
Celebrating the Constitution: To commemorate the September 17,1787 signing of the Constitution of the United States, Congress has designated September 17th of each year as Constitution Day and September 17- 23 of each year as ‘Constitution Week’.
In 2004 Public law 108-447 Section 111 was passed requiring the following:
Each educational institution that receives Federal Funds for a fiscal year shall hold an educational programme on the United States Constitution on September 17 of such year for the students served by the educational institution.
Each Federal agency or department shall provide educational and training materials concerning the United States Constitution to each employee on Sept. 17 of each year.
Experiences of a Lifetime 