PPP on 'Save Mush Harm Pakistan' mission

Selective indemnity proposed in expanded PPP package

By Syed Irfan Raza

Pakistan people’s Party’s constitution amendment package contains insertion of Article 270AAA to give indemnity to certain actions of President Pervez Musharraf, including ordinances issued between July 12 and Dec 15 last year, but is vague on the issue of proclamation of emergency and Provisional Constitution Order (PCO).

The package, containing about 80 amendments, if approved, will make drastic changes in the Constitution to restore the sovereignty of parliament and curtail the powers of the president.

But perhaps the most significant of all the measures suggested is an amendment to reinstate all the judges who were sacked under the emergency order and to reinstate them to the position that existed on Nov 2, 2007.

The package suggests amendments regarding reinstatement of the superior court judges, a new form for members of the armed forces, validity of general elections of 2008, renaming of the NWFP and changes to the article dealing with high treason.

A copy of the package was handed over to Pakistan Muslim League-N chief Mian Mohmmad Nawaz Sharif by Law Minister Farooq Naek in Lahore on Sunday.

Analysts said the indemnity to be provided in the proposed package to President Musharraf would pave way for him to step down because most of his actions that had become controversial would get constitutional cover and, therefore, might not be challenged in a court.

The latest version of the Constitution contains new articles 270AAA, 270B and 270C providing indemnity to the acts of the president, including the sacking of about 60 judges, under his controversial decision to proclaim emergency. The 17th Amendment had introduced Article 270AA validating earlier acts of the president.

My Comment: Shame on PPP acts... it is not goin to help pakistan in any way. How can they add this indemnity to such an act in their package??? they certainly are not sincere in restoring teh judges... r they nuts????

The insertion of Article 270AAA (point 73) might have been included in the package at a later stage because it has not been reported in the media.

Earlier, the media had been told that the package contained 62 amendments but the draft given to the PML-N chief has about 80 points.

It may be mentioned here that President Musharraf had already inserted an article in the Constitution and its clause-I validates the proclamation of the state of emergency on Nov 3, 2007.

However, the Article 270AAA proposed in the package does not mention specifically the proclamation of emergency and the National Reconciliation Ordinance.

Selective indemnity proposed in expanded PPP package -DAWN - Top Stories; June 02, 2008

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Article inserted by Musharraf

The following is the text of Article 270AAA inserted in the Constitution by President Pervez Musharraf last year.

In the Constitution, after Article 270AA, the following new Article shall be added, namely:- “270AAA. Validation and affirmation of laws etc. (1) The proclamation of Emergency of 3rd November, 2007, all President’s Orders, Ordinances, Chief of Army Staff Orders, including the Provisional Constitution order No.1 2007, the Oath of Office (Judges) Order, 2007, the amendments made in the constitution through the Constitution (Amendment) Order, 2007 and all other laws made between the 3rd day of November, 2007 and the date on which the Proclamation of Emergency of the 3rd Day of November, 2007, is revoked (both days inclusive), are 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 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, on or after the 3rd day of November, 2007 in exercise of the powers derived from any Proclamation, Provisional Constitution Order No. 1 of 2007, President’s orders, ordinances, 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 anything contained in the Constitution or 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 of Army Staff Orders, laws, regulations, enactments, including amendments in the Constitution, notifications, rules, orders or bye-laws in force immediately before the date on which the Proclamation of Emergency of the 3rd day of November, 2007 is revoked, 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 of Army Staff 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 prosecution or any other legal proceedings, including but not limited to suits, constitutional petitions or complaints, shall, notwithstanding anything contained in the Constitution or any other law for the time being in force, lie in any court, forum or authority against any person or authority on account of or in respect of issuance of the legal instruments referred to in clause (1) and on account of or in respect of any action taken by the Chief of Army Staff, the President or any other in exercise or purported exercise of the powers referred to in clause (2).

“(5) For purpose of clauses (1), (2) and (4) all orders made, proceeding taken, appointments made, including secondments and deputation, acts done or purporting to by made, taken or done by any authority or person shall be deemed to have been made, taken in good faith and for the purpose intended to be served thereby.”

Article inserted by Musharraf -DAWN - Top Stories; June 02, 2008

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