Emergency Mein Kya Hota Hai? Emergency Ke Nifaz Se Mutaliq Aeen Kya Kehta Hai? ?
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00:00What does the constitution say about the implementation of the emergency?
00:02In Pakistan, regarding the emergency, the constitution's section 10 and the constitution's section 232 to 237 are absolutely clear.
00:10The article 232 of the constitution is about putting an emergency in two cases.
00:13The first case is a war or a foreign invasion.
00:15The second case is such an internal turmoil, which is to be controlled outside the province's jurisdiction.
00:20The President of the country can also implement the emergency, but in this case, the matter of the emergency will be presented to both sides of the Parliament,
00:27who have to agree to it within 10 days.
00:30According to article 233 of the constitution, the President of the country has the right to impose some basic rights along with the announcement of the emergency.
00:38Article 234 of the constitution is about the right to put an emergency in the absence of machinery in the province.
00:44This emergency can only be put for two months, but the joint session of the Parliament can extend it for another two months.
00:51Article 235 of the constitution is about the financial emergency.
00:57When was the last time there was an emergency in this country?
01:00Some of you may remember, some of you may not.
01:04But more or less, we all collectively remember when the last time there was an emergency was.
01:10It was on 3rd November 2007.
01:13President Parvez Musharraf announced the implementation of the emergency under article 232 of the constitution.
01:19From 3rd November to 15th December 2007, that is, 42 days, the emergency was put on hold and many judges, including the Chief Justice, were taken into custody.
01:2961 judges, including Chief Justice Abhisar Muhammad Chaudhry, were declared safe and sound.
01:35All private channels were turned off.
01:38Only the PTV had issued an announcement of the emergency order.
01:42On 5th November 2007, the police used tear gas and sticks against the activists of the movement, who were protesting against the emergency in most of the cities of the country.
01:51And then the whole movement went on.
01:53Then 17 out of 17 judges of the Supreme Court refused to take action under the PCO.
01:57On 19th November 2007, the judges of the Supreme Court, who took action under the PCO, rejected 5 out of 6 legal requests against President Musharraf's wife.
02:08After the implementation of the emergency, about 5,500 political activists from different cities of the country were arrested, who were released on bail on 8th January 2008.
02:19On 23rd November 2007, the Supreme Court approved the implementation of the emergency on behalf of President Musharraf.
02:25And on 28th November 2007, we saw the change of command.
02:29General Ishfaq Parvez Qayani becomes the Army Chief.
02:32And on 29th November 2007, President Musharraf becomes the President of the country for the second time in civilian clothes.
02:38But in these 42 days, the grip on the power of President Parvez Musharraf became weaker and weaker.
02:45And then we saw that the emergency in the country is terminated, they are released, and rest as they say is history.
02:51And then we saw that there was no legal action in the government.
02:57Then what happened to those governments?
02:58This is a part of our history, and we are revising it a little so that we remember what happened after the last emergency in this country.
03:05Can an emergency be imposed? Are there any legal obligations at the moment?
03:09And this constitutional breakdown that you see, does the rest of the people have any idea about it?
03:15We will talk about it with Abdul Moiz Jafri Sahib, who is an expert in law.
03:17He has joined the Pakistan Party, he has also started his political journey.
03:21Thank you very much, Moiz, for joining us.
03:22Mr. Riyazat Ali Azad, President of Islamabad High Court Bar Association, thank you very much to both of you.
03:27Let's start with you, Moiz.
03:28This talk of an emergency can only be discussed in a political term.
03:34Because if it has to be done legally, it has a lot of obstacles.
03:37Both sides are involved, then the Governor will also have a role in it.
03:40It won't be easy.
03:42So do you think this is a possibility, to which this matter can go?
03:49Thank you very much, Maria, for giving me the opportunity.
03:50Look, I think apart from obstacles, you should also look at the need for those emergencies,
03:55what conditions you have to meet.
03:57If a province is not able to complete its affairs financially or in terms of security,
04:03then the government can either give it directions or intervene in its affairs to some extent,
04:10if it has democratic legitimacy, and it can do it temporarily.
04:17Emergency provisions start and end here, which you have read out in detail.
04:22There is no other provision for emergency.
04:24In common sense, the way emergency and emergency plus were used in Musharraf's time,
04:31it was actually a draft law.
04:33There is no provision in the draft law that you violate the judicial oaths in a new way,
04:41reset them, destroy the governments in your own way.
04:45This is called a draft law, not an emergency.
04:49And if there is a scope for emergency, then it exists in our country at all times.
04:55But nothing like this can happen while being within the scope of the law.
04:59And I think if this is going to happen, then if such zealous and old politicians are announcing it like this,
05:05then this is a matter of time for me.
05:07Secondly, I think if this is not going to happen, then try to pressurize the court with such stupid acts,
05:14because what is this really?
05:16First, a full court decision has come to the Supreme Court,
05:20out of which nine judges have declared that the election commission's PTI was wrong to end its status as a Jamaat.
05:28And it made a different decision of the Supreme Court, a decision with a bat symbol, which was misinterpreted.
05:33Qazi Faiziza Sahib is among these 11 judges, who say that the election commission was at fault.
05:40It was the election commission's fault, because of which, as Mr. Muneeb says, there was a cascade of errors.
05:46So, because 11 judges did not get the decision of their choice,
05:50so after their decision, you are trying to take away the status of a political party without any logic,
05:57which you yourself cannot take away.
05:59You are saying that you will ban the PTI, which will then go to the Supreme Court,
06:03which has just announced that there is a party, it exists, and it is wrong to end its status.
06:09Now, if you are talking like this, then they will neither play nor let you play that you are talking.
06:14There is no scope for any of this in the law.