National Institute of Management

Karachi, Friday, 7th. March, 2014

15th. Senior Management Course

“Role of the
Legislature, Executive & Judiciary in the
Constitutional Framework”

-by
Barrister Shahida Jamil
Former Federal Minister for Law, Justice and Human Rights
 Scope of lecture
Very interesting priority is visible in the Lecture
guidelines - :
• Role of Legislature & Executive in Our
Constitution;
• Role of the Judiciary in Our Constitution
• Interpretation of the Constitution – The
Constitutional Framework
• Judicial Activism and It’s Impact on the
Executive.
 As Sir Edward Coke, in 1628, said,
‘Know the reason for the Law’
“The Law is unknowne to him that
knoweth not the reason thereof..

Discerne by the right line of law,

and not by the crooked cord of
private opinion...”

- Institutes of the Law of England,

Section183b, (1628-1664)
 The Puzzle:
Our Constitutional History –
- full of conflicts and deadlocks
- play of words has got us out of one
crisis and pushed us into another –

QUESTION: Why?
ANSWER:
Constitutional distortions
= imbalance of powers…
Constitutions are meant to set up
a-
Governance Framework
with a balanced separation of
powers…
 If unbalanced - we get
distorted governance = DISORDER:
 This is why Constitutions were
invented…..
for The Rule of Law to prevail
and
NOT - The Rule of a Person…
- As rule of personalized Governance
….leads to corruption, favouritism,
injustice, disorder and violence…..
 In the early days…
life was tough - and rough…
difficult and dangerous…
Either you killed - or had to be ready
to be killed….
 As there were two main threats…
1. Dangerous and powerful animals
The Wolf, Rhinoceros, Snake and Lion….

Whoever fought and

killed the animal - was a hero – a
leader….
Of all the animals the Lion was the
strongest…and killed villagers…
It was feared in Europe…
It was feared in Persia….
…In India…
And even in China...
So the Lion – became the symbol of power
The one who possessed the power to
handle such threats….
Was a hero…of the people….
 And so became King….was
immortalized and all obeyed him as
the Great Protector….The Sovereign….
 2. Man… wild hordes that killed wantonly - to
spread fear and exercise control...
so need for a mighty Protector who could kill…
No village was safe from attack –
Protection was vital…
So the Sovereign emerged – all powerful…
as - The Protector….
 But, with time, it was realized that
concentration of power in one or few hands –
is intoxicating…..
 For “Absolute power corrupts
absolutely” – The Rule of Person…
 The Old framework of Governance
was…
Too violent – for the
people -

racial groups (tribes)

were always grabbing
land, hunting and
killing villagers,
making them slaves,
and crops would be
burnt or destroyed…
Transfer of Power was also violent…
• Transfer of power from King to King or a fight for
succession to the throne was by VIOLENCE & WAR and
REVENGE…. Even by Senators…Julius Caeser…44 BC…
 Life was hazardous…
Too uncertain – laws could be changed by the Ruler at
any time and a new Ruler could bring in a new law……
Too fearful – vengeance, murder, kidnapping, highway
robbery and abduction of men, women and children
for slavery was a common fear……
Too unfair – The rich landlord made decisions according
to what suited him through local Councils
Too unjust – the Judges were relatives of the Princes and
the Rich……many did not even know the law and gave
wrong judgements.
……judgements were bought and sold
So the psychology of Governance was
crucial for peace and progress…
• And the construct must be a sustainable one –
the Theory of Divine Right – the King born
special - is opposed; and
• The Theory of Natural Law – that all persons
are born equal and free - is adopted…

• And Constitutional Frameworks are adopted…

• The Rule of Law is adopted….
 Civilization therefore - shifts to the
Rule of Law – running Governance on a set
of rules….
The Sovereign & Sovereignty

King George III of Great Britain

The Powers of the Sovereign

Executive Legislative Judicial

Powers Powers Powers
 Are distributed…
The Sovereign’s executive, legislative &
judicial powers –

are separated into 3 BRANCHES -

• EXECUTIVE
• LEGISLATURE (PARLIAMENT)
• JUDICIARY
Separated – but with checks and
balances
 So -in 1748 –
The Spirit of the Laws:

“Trias politica”
-Montesquieu

A separation of powers
with checks and balances –
i.e. a system in which each pillar of state must
be checked by the other two pillars of state.
To create a balanced structure
 The Theory of Separation of powers…

• “Trias Politica” – not Trichotemy of Power.

• Dichotemy…….

• So “Trichotemy of Powers”?
Tri-chotemy of Powers =
Dialectics: tensions…
Leads to imbalance - to collapse
 So the Framers set up the first Framework
- The Federal US Constitution
Thomas Jefferson John Adams

Alexander
George Hamilton
Washington

Benjamin James Madison

Franklin
The Sovereign – The King – Divine Right

The Sovereign – The People - Natural Rights

 It was to be a
Republic and a Federation
“In unfolding the defects of the existing Confederation, the
utility and necessity of a federal judicature have been
clearly pointed out.” :-
The Federation (Centre) is “The Union”

For every power given there must be a check put on it to

ensure balance of power….as a legal safeguard……..
 “The inventions of Prudence”

• “The constant aim is to divide and arrange the

several offices in such a manner as that each
may be a check on the other...”
- The Federalist Papers No.51
(6th. February, 1788)
Separation of Powers with Checks and Balance
The Three Pillars of State:

Executive Legislature Judiciary

WE, THE PEOPLE
Armed Forces – for a free state – Bill of Rights
(Different State Constitutions – already in existence)
The Federalist Papers No. 78 (June 14, 1788):

“The Executive not only dispenses the honors,

but holds the sword of the community.

“The legislature not only commands the purse,

but prescribes the rules by which the duties
and rights of every citizen are to be regulated.
 Judiciary…
“The judiciary, on the contrary, has no influence
over either the sword or the purse; no direction
either of the strength or of the wealth of the
society; and can take no active resolution
whatever.
“It may truly be said to have neither FORCE nor
WILL, but merely judgment; and must
ultimately depend upon the aid of the executive
arm even for the efficacy of its judgments.”
 OUR 1973 Constitution has been drafted
“to suit the genius of our People”?
Yet it cannot give -
Law and order…..
Water…..
Sewerage systems….
Electricity….
Jobs….
Closed factories………
So what has been analyzed as “the genius of our
people?
When Pakistanis go abroad – they rise to high
posts… BUT HERE…?
 The Role of our Legislature…
Constitution:
• 67. Rules of Procedure, etc.(1) Subject to the
Constitution, a House may make rules for regulating its
procedure and the conduct of its business …..

But Legislative action:

PASSED C.A. 15 IN NATIONAL ASSEMBLY IN 1998-
BY SUSPENDING ALL RULES

PASSED 18TH. AMENDMENT – ALSO

BY SUSPENDING ALL RULES….
- Wrong
 Why? Because the “law” is the sword of
the community and must be forged well –
through repeated procedure – to produce
a good, effective sword…
 Hence Constitutional convention creates
legislative procedure…
• Copies distributed & The First reading of the Bill…
• The Second reading of the Bill – comments…
• The Committee stage…
• The Third reading of the bill - changes
• The Final reading of the Bill – no changes…
• The same procedure in the next House…
• If passed – presented to the Head of State
• Signs – or vetos – for re-consideration..
• If passed again by both – Head of State Signs.
 This legislative procedure -
Was not followed for:

• 15th. Constitutional Amendment (in National

Assembly)
And not followed for:

• 18th. Constitutional Amendment.

 And our Constitution is surprising in
what it allows…..
67(1) (contd.) “…..and any proceedings in the House shall
not be invalid on the ground that some persons who
were not entitled to do so sat, voted or otherwise
took part in the proceedings.” ????

• [70.Introduction and passing of Bills: 

(1)A Bill with respect to any matter in the Federal
Legislative List –
Then our LEGISLATURE - by 18th. Amendment :
s. 101 - the Concurrent List is abolished -
the “Fan Belt” is removed….
 A “Fan Belt” – without which a
car engine or the State will not work:
 Federal Legislative List
• Federal Legislative List Part I – under the
Parliament
• But Part II – is under 8 Politicians but requiring
only 5 votes - through the Council of Common
Interests.

• 154. Functions and rules of procedure.[148B][(1)

The Council shall formulate and regulate policies
in relation to matters in Part II of the Federal
Legislative List and shall exercise supervision and
control over related institutions.]
 CCI – appointed by the President:
• [147B][(2)The Council shall consist of-
(a)the Prime Minister who shall be the Chairman of the
Council;
(b)the Chief Ministers of the Provinces;
(c)three members from the Federal Government to be
nominated by the Prime Minister from time to time.]
[147C][ * * ]

(i.e. 8 persons)
The decisions of the Council shall be expressed in terms
of the opinion of the majority (5 VOTES)

(4) The Council shall be responsible to [148] [Majlis-e-

Shoora (Parliament)] [148A][and shall submit an Annual
Report to both Houses of Majlis-e-Shoora (Parliament)]
 Our Legislature -

• By abolishing the harmonizing and integrational

subjects, now we will have diversity in them within
the next 10 years – making us four separate states….
as four separate laws on different subjects
will emerge with amendments of the four Provincial
Assemblies…..

Countries do NOT abolish uniformity and

standardisation…..

BUT OUR LEGISLATURE HAS DONE SO…..

 The Provinces now have…
1. Art.142.-Subject-matter of Federal and Provincial laws:
[Concurrent - (b)Majlis-e-Shoora (Parliament) and a Provincial
Assembly shall have power to make laws with respect to
criminal law, criminal procedure and evidence.
(ART. 143 – Federal law prevails over Provincial Law)
PROVINCES:
2. Civil procedure, including the law of limitation and all
matters included in the Code of Civil Procedure on the
commencing day, the recovery in a Province or the Federal
Capital of claims in respect of taxes and other public
demands, including arrears of land revenue and sums
recoverable as such, arising outside that Province.

• 3. Evidence and oath; recognition of laws, public acts and

records of judicial proceedings.

• 4. Marriage and divorce; infants and minors; adoption

It will be like an amoeba splitting into
two - over a period of 10 years……
 That is why the Concurrent List is NOT abolished in
Indian Federation…
• PART XI
RELATIONS BETWEEN THE UNION AND THE STATES
• CHAPTER I. LEGISLATIVE RELATIONS
Distribution of Legislative Powers
246. Subject-matter of laws made by Parliament and by the Legislatures of
States.-(1) Notwithstanding anything in clauses (2) and (3), Parliament has
exclusive power to make laws with respect to any of the matters
enumerated in List I in the Seventh Schedule (in this Constitution referred
to as the "Union List").
(2) Notwithstanding anything in clause (3), Parliament, and, subject to clause
(1), the Legislature of any State _219*** also, have power to make laws
with respect to any of the matters enumerated in List III in the Seventh
Schedule (in this Constitution referred to as the "Concurrent List").
(3) Subject to clauses (1) and (2), the Legislature of any State _219*** has
exclusive power to make laws for such State or any part thereof with
respect to any of the matters enumerated in List II in the Seventh Schedule
(in this Constitution referred to as the "State List").
(4) Parliament has power to make laws with respect to any matter for any
part of the territory of India not included _220[in a State] notwithstanding
that such matter is a matter enumerated in the State List.
18th. Amendment also violates Trias Politica –

Parliament to override Judiciary! –

eg. on PM’s Contempt of Court Conviction…
[63.Disqualifications for membership of Majlis-e-
Shoora (Parliament):
(2) If any question arises whether a member of
Majlis-e-Shoora (Parliament) has become
disqualified from being a member, the Speaker
or, as the case may be, the Chairman shall, unless
he decides that no such question has arisen,
refer the question to the Election Commission
within thirty days and should he fail to do so
within the aforesaid period it shall be deemed to
have been referred to the Election Comission
 Slush funds…allowed to MNAs –
violation of democratic culture
Funds are never allocated to Members of
Parliament on Europe. Funds are given to
Local Bodies for development…..
Legislative members’ job is -
• to make laws; (they failed to deal with the
NRO and the Judiciary had to handle it); and
• hold the Executive accountable on behalf of
their constituents
 Strange Legislature….

• They usually divide and boycott on people’s

issues –

• In 2009 - unanimously passed all raise in their

own allowances, perks and benefits -
• In 2013 – again unanimously paased another
raise just before they left for Elections 2013….
 ROLE OF THE EXECUTIVE
(President, PM & Government)
• 41. The President.(1) There shall be a President
of Pakistan who shall be the Head of State and
shall represent the unity of the Republic.

HE SHOULD BE NEUTRAL – TO PLAY A

UNIFYING ROLE….
He SHOULD NOT hold political party meetings in
the Presidency….
THE SUPREME COURT CORRECTLY RULED
ON THIS MATTER…….
Art. 44. The President’s Term of Office
• Term of office of President.
(1)Subject to the Constitution, the President shall hold
office for a term of five years from the day he enters
upon his office:
Provided that the President shall, notwithstanding
the expiration of his term, continue to hold office until
his successor enters upon his office. (2)Subject to the
Constitution, a person holding office as President shall
be eligible for re-election to that office, but no person
shall hold that office for more than two consecutive
terms.
 45. President's power to grant
pardon, etc.

The President shall have power to grant pardon,

reprieve and respite, and to remit, suspend or
commute any sentence passed by any court,
tribunal or other authority.
(but not the conviction)
(So a moratorium on death penalty was exercised
through Article 45 – as a personal discretion. It
should have been done under a
transparent policy through Parliament)
 46. President to be kept informed: 

The Prime Minister shall keep the President

informed on all matters of internal and foreign
policy and on all legislative proposals the Federal
Government intends to bring before Majlis-e-
Shoora (Parliament).]

Even where Opposition is in the President’s seat -

Party in power has to inform Opposition of all
Moves – unless President is neutral….
 Art. 47. Removal by Impeachment
• Removal  56[or impeachment] 56 of President.
 57[(1)Notwithstanding anything contained in the
Constitution, the President may, in accordance
with the provisions of this Article, be removed
from office on the ground of physical or mental
incapacity or impeached on a charge of violating
the Constitution or gross misconduct.

(50% must move resolution in either House – 3 days

copy to President – Then Joint sitting between 7 –
14 days – Trial – 2/3rds majority required)
 48. President to act on advice, etc.
• (1)In the exercise of his functions, the President shall
act  60[on and] 60 in accordance with the advice of the
Cabinet  61[or the PrimeMinister] 61: 62
[Provided that  63[after fifteen days] 63 the President
may require the Cabinet or as the case may be, the
Prime Minister to reconsider such advice, either
generally or otherwise, and the President shall  64[, within
ten days, ] 64 act in accordance with the advice tendered
after such reconsideration.] 62 
(25 days delay capability!)
• (2)Notwithstanding anything contained in clause (1), the
President shall act in his discretion in respect of any
matter in respect of which he is empowered by the
Constitution to do so  65[and the validity of anything
done by the President in his discretion shall not be
called in question on any ground whatsoever] 65.
 Art. 48. (contd.)
• 4)The question whether any, and if so what, advice
was tendered to the President by the Cabinet, the
Prime Minister, a Minister or Minister of State shall not
be inquired into in, or by, any court, tribunal or other
authority.  

• 67[(5)Where the President dissolves the National

Assembly, notwithstanding anything contained in
clause (1), he shall-(a)appoint a date, not later than
ninety days from the date of the dissolution, for the
holding of a general election to the Assembly;
and(b)appoint a care-taker Cabinet  68[in accordance
with the provisions of Article 224 or, as the case may
be, Article 224-A] 68.
 Art. 48 (contd.)
•
(6)If at any time the Prime Minister considers
it necessary to hold a referendum on any
matter of national importance, he may refer
the matter to a joint sitting of the Majlis-e-
Shoora (Parliament) and if it is approved in a
joint sitting, the Prime Minister may cause
such matter to be referred to a referendum in
the form of a question that is capable of being
answered by either "Yes" or "No”.
 Art.248 – Immunity from Court
proceedings
• Protection to President, Governor, Minister, etc.
(1)The President, a Governor, the Prime Minister, a Federal
Minister, a Minister of State, the Chief Minister and a
Provincial Minister shall not be answerable to any court for
the exercise of powers and performance of functions of
their respective offices or for any act done or purported to
be done in the exercise of those powers and performance
of those functions:
(i.e. even after Impeachment or vote of No confidence –
IMMUNITY! – but does not affect NRO cases as done
before assuming office.)

Provided that nothing in this clause shall be

construed as restricting the right of any person to bring
appropriate proceedings against the Federation or a
Province.
 Art. 248 (2) & (3)
(2) No criminal proceedings whatsoever shall
be instituted or continued against the
President or a Governor in any court during
his term of office. 
(3) No process for the arrest or imprisonment
of the President or a Governor shall issue from
any court during his term of office
 Art. 248 (4) - The only exception
• (4) No civil proceedings in which relief is claimed
against the President or a Governor shall be instituted
during his term of office in respect of anything done by
or not done by him in his personal capacity whether
before or after he enters upon his office unless, at least
sixty days before the proceedings are instituted, notice
in writing has been delivered to him, or sent to him in
the manner prescribed by law, stating the nature of the
proceedings, the cause of action, the name,
description and place of residence of the party by
whom the proceedings are to be instituted and the
relief which the party claims.
 The President
• [48. President to act on advice, etc.(1) ……shall act [on
and] in accordance with the advice of the Cabinet [or
the Prime Minister].

[Provided that [within fifteen days] the President may

require the Cabinet or as the case may be, the Prime
Minister to reconsider such advice, either generally or
otherwise, and the President shall [26AB][, within ten
days,] act in accordance with the advice tendered after
such reconsideration.]

But as long as he is member of the ruling political party

– Party President (PM) controls….
 The President
• Acts in his discretion in many matters….
• He can send queries to the Parliament
• He addresses joint session of Parliament
annually…
• He can dissolve the National Assembly and
then call for elections
 Art. 58
•
Dissolution of the National Assembly:
(1)The President shall dissolve the National Assembly if so
advised by the Prime Minister; and the National Assembly
shall, unless sooner dissolved, stand dissolved at the
expiration of forty-eight hours after the Prime Minister has
so advised.
Explanation: Reference in this Article to "Prime
Minister" shall not be construed to include reference to a
Prime Minister against whom a notice of a resolution for a
note of no-confidence has been given in the National
Assembly but has not been voted upon or against whom
such a resolution has been passed or who is continuing in
office after his resignation or after the dissolution of the
National Assembly.
(To disable the PM - you need only 20% of NA to give
Notice of No-Confidence = 68 MNAs)
 Art. 58
(2)Notwithstanding anything contained in clause (2)
or Article 48, the President may dissolve the
National Assembly in his discretion where, a
vote of no-confidence having been passed
against the Prime Minister, no other member of
the National Assembly commands the confidence
of the majority of the members of the National
Assembly in accordance with the provisions of
the Constitution, as ascertained in a session of
the National Assembly summoned for the
purpose.
 He has immense powers –
and immunity
• He can declare Emergency under Articles
• 232 (War and Internal disturbance)
• 233, (Suspensions of Fundamental Rights 15,
16, 17, 18, 19 and 24)
• 234, (In case of failure of constitutional
machinery)
• 235 (Financial emergency – he can order cuts in
salaries and allowances of persons serving
in connection with the affairs of the
Federation and Provinces ).
 The Prime Minister –
under Parliamentary Government comes from
the National Assembly
• 90. The Federal Government: 
(1)Subject to the Constitution, the executive
authority of the Federation shall be exercised
in the name of the President by the Federal
Government, consisting of the Prime Minister
and the Federal Ministers, which shall act
through the Prime Minister, who shall be the
chief executive of the Federation.
 Art. 90
• (2)In the performance of his functions under the
Constitution, the Prime Minister may act either
directly or through the Federal Ministers.

Art 91 (1):
The Cabinet:
(1)There shall be a Cabinet of Ministers, with the
Prime Minister at its head, to aid and advise the
President in the exercise of his functions.
(What kind of TOR is that?)
 Art. 90 (contd.)
• (6) The Cabinet, together with the Ministers of State,
shall be collectively responsible to the Senate and the
National Assembly. 

• (7)The Prime Minister shall hold office during the

pleasure of the President, but the President shall not
exercise his powers under this clause unless he is
satisfied that the Prime Minister does not command
the confidence of the majority of the members of the
National Assembly, in which case he shall summon the
National Assembly and require the Prime Minister to
obtain a vote of confidence from the Assembly
 Art 97
• Extent of executive authority of Federation.
Subject to the Constitution, the executive authority of the
Federation shall extend to the matters with respect to
which  209[Majlis-e-Shoora (Parliament)] 209 has power to
make laws, including exercise of rights, authority and
jurisdiction in and in relation to areas outside Pakistan:

Provided that the said authority shall not, save as

expressly provided in the Constitution or in any law made
by  210[Majlis-e-Shoora (Parliament)] 210, extend in any
Province to a matter with respect to which the Provincial
Assembly has also power to make laws.

(So PM cannot order the CM of Sindh on issue of Law

and Order – it is now a Provincial subject in all
respects – Law, Evidence, etc.)
 These issues complicate governance
and produce turf battles as there are
deliberate grey and ambiguous areas
in the powers given
And
The Rules of Business, 1974 –
Also complicate Executive governance even
more – with triarchic responsibilities,
duplication, wastage and further turf battles
as to who will get the project….
 The Role of
The Judicary
Trias Politica not followed…
The Constitution: 18th., 19th. And 20th. Amendment: Senior-most SC Judge is
appointed Chief Justice by President
Appointment by Judicial Commission for Supreme Court
Judges:
(i)Chairman
Chief Justice of Pakistan;
(ii)Members
[four] most senior Judges of the Supreme Court;
(iii)Member 
a former Chief Justice or a former Judge of the Supreme Court of Pakistan to be
nominated by the Chief Justice of Pakistan, in consultation with the [four] member
Judges, for a period of two years;
(iv)Member 
Federal Minister for Law and Justice;
(v)Member 
Attorney-General for Pakistan; and
(vi)Member 
a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar
Council for a term of two years.
 Parliamentary committee
Three names sent for each vacancy;
The Parliamentary Committee accepts within 14
days
or
rejects by 3/4th. Majority with reasons to be
recorded.
Reasons makes it “justiciable”…
i.e. the Judiciary can review it.
 REMOVAL OF JUDGES
Again - Trias Politica – NOT FOLLOWED-
- Removal by Judiciary and Executive
209. Supreme Judicial Council.
(1)There shall be a Supreme Judicial Council of
Pakistan, in this Chapter referred to as the
Council. 
(2) The Council shall consist of,
(a) the Chief Justice of Pakistan;
(b) the two next most senior Judges of
the Supreme Court; and
(c) the two most senior Chief Justices of
High Courts.
 Art. 209 Supreme Judicial Council –
[(5)If, on information from any source, the Council or the President is of the
opinion that a Judge of the Supreme Court or of a High Court-
(a) may be incapable of properly performing the duties of his office
by reason of physical or mental incapacity; or
(b) may have been guilty of misconduct,
the President shall direct the Council to, or the Council may, on its own
motion, inquire into the matter.]
(6) If,
after inquiring into the matter, the Council reports
to the President that it is of the opinion,
(a) that the Judge is incapable of performing the duties of his office or has
been guilty of misconduct, and
(b) that he should be removed from office,

The President may remove the Judge from

office.
Has any Reference ever been inquired into? No.
 And then – “Suo Moto”
• An Executive power. No such Judicial power in
any country’s legal system in the world.
• Only in Pakistan –
Interpreted by the Judiciary from Art.184(3)

• No recognised Law dictionary contains this term

for Judicial power – not even Black’s Law
Dictionary –
– except in the Pakistani version of “Words & Phrases”
Says...
 Even in Marbury v Madison, 1803

• “AT the December term 1801, William Marbury,

Dennis Ramsay, Robert Townsend Hooe, and William
Harper, by their counsel [5 U.S. 137, 138]   severally
moved the court for a rule to James Madison,
secretary of state of the United States, to show
cause why a mandamus should not issue
commanding him to cause to be delivered to them
respectively their several commissions as justices of
the peace in the district of Columbia….”
 The Judge is a ‘referee’….
he cannot initiate proceedings….
Osborne’s Law
Dictionary

The Standard
Dictionary -
for Barristers-at-
Law,
in the UK
Osborne’s Law
Dictionary –

Recognized
by
British Courts.

• Full page
No “suo moto”….
 Indians
making fun
of Pakistan…

“not found”

“please
help”
 Indian Blogs on Internet
making fun of Pakistan:
• Anonymous  #302305  Sat, 09 Dec 06 10:21
PM

“The origin is supposed to be Sanskrit- 'Suo

Moto' means 'Swa Mut'. Self Opinion'- (I
think/feel so!').

It almost coincides with the earlier meaning-

'on his own initiative'.” 
 Yet, Suo moto goes on…without result…
• 6 Oct, 2011 – Karachi Killings Case - The Supreme Court (SC)
ruled out a ban on the MQM and slammed the Sindh
Government for failing to take effective measures against
target killings and extortion.
• 16 Mar 2012 – The Supreme Court on Thursday ended up
reserving its judgment in a suo motu case regarding
corruption in the Pakistan Steel Mills (PSM).
• NRO case implementation……dragging on…..
• Memo-Gate….dragging on….
• Balochistan violence & missing persons case….dragging on…
• Contempt of Court proceedings – dragged on too long….
 They have forgotten the words of
James Madison….
“The judiciary, on the contrary, has no influence
over either the sword or the purse; no direction
either of the strength or of the wealth of the
society; and can take no active resolution
whatever.
“It may truly be said to have neither FORCE
nor WILL, but merely judgment; and must
ultimately depend upon the aid of the executive
arm even for the efficacy of its judgments.”
 So the Role of the Executive, Legislature
and Judiciary with all their innovations and
amendments - has been a sad one…
 And now the Legislative kick!
The 18th. & 19th. Amendments!
They have set in motion:-

Devolution?
or
Dismantlement?....

– that is the question…..

Law & Order?

Now with the

Provinces…

What do we see?
 Our politicians have promoted the confusion
that the War on Terror is NOT our War – even
though our Western Frontier – the Durand Line
is not recognized - and our people, police and
soldiers are killed….
10th. January, 2008 – Terror….
Police….“in the line of duty”….
The Constitution – “rejected”…2009
Public has no security of life (Sialkot, 15 Aug, 2010)
To allow the public to take the law into their own
hands and be
prosecutor, judge, jury and executioner?
Karachi, September, 2011
 Where is the Government, Federal &
Provincial, the Constitution and Rule of
Law? 21st. Sept. 2012….
And Police mobiles - attacked…
 No helmets? Head wounds –
No Jackets -shot dead by protestors…
21st. September, 2012…Church…
in Mardan, KP
You think Containers can be used as
barricades…?
Even containers will not stand before
angry multitudes…21st. Sept. 2012
 The Judiciary’s ‘suo moto’ has had
a negative impact…
The impact is on Government officers, Police
and Armed Forces –Paralysis and confusion.
Suo moto has not stopped violence on civilians…
and our children are attacked…..October,
2012
Despite 6 years of Democracy - we are
sliding back into barbaric times…?
• Our poor understanding of Constitutional
order;
• An imbalanced Constitution – with no
answers;
• No democratic culture or norms; and
• Paralysis of Police and Judiciary in controlling
crime and terror…..
has made life barbaric….
 KILLING …like ancient times..?
Sunday, March 17, 2013 – Again shot dead
- beheaded and football played?…
Police ordered not to act?
Where is the Provincial Govt?
 More
Shaheeds!
And Govt and APC – agree to talk to Terror
- making them equals………why?
“for Pakistan
but
“secretly”?

What
secret?

Q. And
under what
legal power?
Is this the “secret”? If so, under what
Constitutional authority?
TTP “unilateral ceasefire”? Whilst Police protecting
Polio workers - killed? (7 March, 2014)
After “ceasefire”???
 TTP denies hand in Islamabad
District Court Terrorist attack

“It is somebody trying to sabotage the talks –

USA” – says Imran Khan – 5th. March, 2014

Others – enemy who wishes to sabotage ‘peace’

talks has done it…. 5th. March, 2014
 6th. March,
2014 -
Ahrar-ul-Hind
claims
responsibility!

Another
group?

Very
interesting!
Really? Food for thought…
Convenient split?…
a Hydra?
 And we also have
Ansar-ul-
Mujahideen!
“We are not part of
the Pakistani Taliban,
so we are’nt bound
to follow the
ceasefire”…(?!!)
So what is the Executive doing?
With whom and what are they
“negotiating”?
 And -
• Where does the Constitution of Pakistan,
1973 stand in all of this?......
• The Judiciary has already kept silent on the
main provisions of the Hasba Act, 2008…
• Is the Role of Legislature emerging in a
new light?.....
Is there a nexus between the so-called ‘peace’
talks and Constitutional Amendment Bill 15?
Half done – is to be fully-done ?
To undo what the Quaid-e-Azam
had done on 11th. August, 1947?
 Is this all - to
break the
Pakistani spirit
in the name of
“peace talks ”?
The Pakistani spirit that declared -
“You are free to go to your temples, you are
free to go to your mosques or any other
place of worship in this State of Pakistan.
You may belong to any religion or caste or
creed - that has nothing to do with the
business of the State......We are starting in
the days when there is no discrimination ...
We are starting with this fundamental
principle that we are all citizens, and equal
citizens of one State.”
(Presidential Address of the Quaid-e-
Azam to the Pakistan Constituent
Assembly at Karachi on 11th. August,
1947.)
Are we to lose this Muslim dignity & grace
that signifies the Pakistani Nation?
And be thrust back into the Stone Age?
Is this what we are returning to?