Chowrangi

Media is blazed with rumours of declaration of state of emergency in Pakistan. According to Geo News:

A high-level meeting presided over by President General Pervez Musharraf decided Wednesday to declare emergency in the country for one month that could be extended for three months, the well placed sources told Geo News.

The meeting reviewed current political situation and various options regarding changes in the political set up came under discussion.

Pakistan Muslim League (QA) president Chaudhry Shujaat also reportedly said while talking to women parliamentarians of party during a reception which was hosted by him at his residence that emergency is likely to be declared.

Speaker National Assembly was also called at the reception in which he was consulted that in case of emergency how it could be approved from the National Assembly.

Some reliable sources confirmed that the decision regarding declaration of emergency was taken in the meeting.

However, the government sources have denied the reports about the declaration of emergency in the country.

• Possibility of US attack
• Suicide bombings in Pakistan
• Situation of Northern and Tribal Areas
• Kidnapping and killing of the Chinese

These reasons are as lame as the reference filed against the Chief Justice. Media ‘analysts’ are saying real reasons could be hearing of Nawaz Sharif’s petition for return filed in Supreme Court and Qazi Hussain Ahmad’s petition against the President holding two offices simultaneously.

According to Constitution of Pakistan, Emergency can be declared through Articles 232-234 of the Constitution, summarized below:

Article 232: Proclamation of emergency on account of war, internal disturbance, etc.

• If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency.

• Notwithstanding anything in the Constitution, while a Proclamation of Emergency is in force, Majlis-e-Shoora (Parliament) shall have power to make laws for a Province, or any part thereof, with respect to any matter not enumerated in the Federal Legislative List or the Concurrent Legislative List;

• Provinvial assemblies can be dissolved and the President or the Governor of the Province can take over all the powers of Provincial Assembly, including provisions for suspending, in whole or in part, the operation of any provisions of the Constitution relating to any body or authority in the province

• While a Proclamation of Emergency is in force, [Majlis-e-Shoora (Parliament)] may by law extend the term of the National Assembly for a period not exceeding one year and not extending in any case beyond a period of six months after the Proclamation has ceased to be in force.

• A Proclamation of Emergency shall be laid before a joint sitting which shall be summoned by the President to meet within thirty days of the Proclamation being issued and, (a) shall cease to be in force at the expiration of two months unless before the expiration of that period it has been approved by a resolution of the joint sitting; and [252] [(b) shall, subject to the provisions of paragraph (a), cease to be in force upon a resolution disapproving the Proclamation being passed by the votes of the majority of the total memberships of the two Houses in joint sitting.]

• (8) Notwithstanding anything contained in clause (7), if the National Assembly stands dissolved at the time when a Proclamation of Emergency is issued, the Proclamation shall continue in force for a period of four months but, if a general election to the Assembly is not held before the expiration of that period, it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the Senate.

Article 233. Power to suspend Fundamental Rights, etc., during emergency period: Fundamental Rights as defined by Articles 15, 16, 17, 18, 19, and 24 may be suspended and the President may stop Courts from enforcement of these rights.

Fundamental Rights suspended by Declaration of Emergency:

• Article 15. Freedom of movement, etc.
• Article 16. Freedom of assembly.
• Article 17. Freedom of association.
• Article 18. Freedom of trade, business or profession.
• Article 24. Protection of property rights.

Interestingly, this decision can be challenged in the courts as the Constitution does not grant the President power on the High Courts:

Article 232-2 (last para): Provided that nothing in paragraph (c) shall authorize the Federal Government to assume to itself, or direct the Governor of the Province to assume on its behalf, any of the powers vested in or exercisable by a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts.

So, will there be emergency or not, only time will tell.

Respecitve Articles of the Constitution can be referenced here and here

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• Earthquake devastated Haiti need our help - January 17th, 2010
• Makro Karachi Selling Dead Fish - January 14th, 2010
• Mustafa Kamal Cursing After Ashura Blast - January 4th, 2010
• Who was really behind Post Ashura Blast Arson? - January 2nd, 2010
• Karachi Ashura Blast Aftermath - January 1st, 2010
• FBR harrass tax payers, sends threatening SMS - December 18th, 2009