Pak Govt drafts package to clip Musharraf’s wings

The sweeping constitutional amendment package will clip Musharraf's powers and pave way for reinstating judges.

Pakistan government is giving finishing touches to a sweeping constitutional amendment package that will clip President Pervez Musharraf’s powers and pave the way for reinstating judges sacked by him last year, an issue that has imperilled the fragile ruling coalition.

“The draft is almost complete and it is being finalised. There are a number of amendments in the package,” Law Minister Farooq Naek, who has been working on the package with a team of legal experts for the past few days, said.

The package, which will be tabled in parliament as the 18th Constitution Amendment Bill before the forthcoming budget session, would balance the powers between the President and the Prime Minister and introduce strict punishment for subverting the Constitution.

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Experts said it would “drastically” alter the constitution and will be bigger in scope than the eighth constitution amendment introduced by late military ruler Gen Zia-ul-Haq nearly 23 years ago.

Asif Ali Zardari, the Chairman of the ruling Pakistan People’s Party, has given “specific instructions” that the “feelings and opinions of all sections of society, including the hopes of the public and questions of the legal fraternity, are tackled by the package,” Naek said.

He said Article 6 of the Constitution, introduced in 1973, described any move to subvert the constitution as “high treason” but made no mention of which courts will try such cases or procedures under which they would be tried.

“We have changed the definition of treason…. we will also amend the High Treason Act (framed in 1973) and frame new rules,” the minister told reporters late last night. Article 58(2b) of the Constitution, which empowers the President to dissolve the National Assembly or lower house of parliament and dismiss the Prime Minister, would be repealed through the proposed bill, the Dawn newspaper quoted sources as saying.

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This article was repealed by the second government of PML-N chief Nawaz Sharif, but was re-introduced by President Pervez Musharraf.

The President is also expected to lose his powers to appoint the three service chiefs, provincial governors and the chief election commissioner (CEC).

The package will also change the process for appointing the CEC and provide financial autonomy to the Election Commission.

The amendment to Article 6 and relevant acts is being made to deter judges from swearing allegiance to military rulers and validating the abrogation or suspension of the constitution as was done after Musharraf imposed emergency last year, the sources said.

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Experts pointed out no action had ever been against military dictators who suspended the constitutions or judges who validated their actions.

The proposed amendment will hold such judges “guilty of conniving with a dictator and render them liable to be tried under the treason act”, the sources said.

However, it was not immediately clear what conditions will be attached to the reinstatement of the deposed judges. A reduction in the chief justice’s tenure is being seen as quite likely.

The government is likely to table the bill in parliament and reinstate the judges through a resolution in a joint sitting of the National Assembly and Senate by the end of this month.