Provisional Constitution Order (constitutional articles suspended)
Posted on November 3, 2007 | 41 views
Filed Under Current Affairs, News & Media, Pakistan, South Asia |
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Article 9 states: “No person shall be deprived of life or liberty save in accordance with law.”
Article 10 states: “(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a period exceeding [10][three months] unless the appropriate Review Board has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of [three months], unless the appropriate Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention.
(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, [11][within fifteen days] from such detention, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order:
Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose.
(6) The authority making the order shall furnish to the appropriate Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any documents, is produced.
(7) Within a period of twenty-four months commencing on the day of his first detention in pursuance of an order made under a law providing for preventive detention, no person shall be detai- ned in pursuance of any such order for more than a total period of eight months in the case of a person detained for acting in a manner prejudicial to public order and twelve months in any other case:
Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy [12] [or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity.
(8) The appropriate Review Board shall deter- mine the place of detention of the person detained and fix a reasonable subsistence allowance for his family.
(9) Nothing in this Article shall apply to any person who for the time being is an enemy alien."
Article 15 states: "Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof."
Article 16 states: "Every citizen shall have the right to assemble peacefully and without arms, subject to any reason able restrictions imposed by law in the interest of Public order."
Article 17 states: "(1) Every citizen shall have the right to form associations or unions, subject to any reason- able restrictions imposed by law in the interest of [13] [sovereignty or integrity of Pakistan, public order or morality].
[14][(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonab1e restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan [14A] [or public order] and such law shall provide that where the Federal Government declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan [14A][or public order], the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.
[14B][Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group or section.]
(3) Every political party shall account for the source of its funds in accordance with law.]
[14C]
[(4) Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders.]”
Article 19 states: “Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relaffons with foreign States, public order, decency or morality, or in relation to contempt of court,[15][commission of] or incitement to an offence.”
Article 25 states: ” (1) All citizens are equal before law and are entitled to equal protection of law.
(2) There shall be no discrimination on the basis of sex alone.
(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.”
In view of the articles of the constitution I just quoted, you can very well imagine the situation we all are into.
May Peace Prevail on Earth!!!!
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honestly speaking Pakistan as a nation surprises me…just when we came across a leader who actually KNEW what he was doing not for his own interest but as the nation’s interest….we go haywire about gettin him outta here……..be it the constitution,the uniform,the enlightened moderation and what not….why not for a change ACCEPT it all……..!!and move on…………..put our heads up onto more important things…….progress.education,development asa nation and as an individual…!what we do instead..rallies.get out on the roads…yell our lungs out, tear off our clothes, burn statues and buildings….abuse………!!who are we damagin in the end???ourselves…….!!!
these articles??what does a common man know of all this?what does a common man KNOW what an article or a constitution even is supposed to mean??media?what exactly was the media doing if it was given the freedom of speech, our media our jouranlists proved they are not worth it! they misued it…how dare they revert the nation to only ONE side of the picture…..to suppress the morale of the nation…when our country was having or is still under goin political turmoil, why not show some hope along with the current affairs???criticism should be healthy! after all it’s the President of Pakistan you’re rallying against…how could anyone allow that Benazir bhutto to call so many people to rally for her, young men who died at the cost of mere Rs.500! who in the world gave her the right?if she wanted to cry and yell and debate and all that she did, she could have done it some place away from the city area in certain premitives! however she chose the crowds, deliberately putting innocent lives at stake! how come no one objected on that?????how many rallies has our President called for??
we need to really think hard……He’s a human….bound not to be perfect but he’s the best we have had so far…
Zia-ul-Haq came and gave our nation the gift of AK-47 and drugs. Musharraf came and gave us the gift of Suicide bombings.
Never ever so many Pakistanis have died not even in the Wars than in this Oppressors regime. Who the hell gave him the right to throw out an elected Government and jump on to an imaginative Chair of Chief Executive was Pakistan a Business firm back then.
Then again what was the need of suspending the Constitution again, well according to me he should be tried for treason as per Article 6 of the Constitution of Pakistan.
Please people get out of the cities. Pakistan not only consists of Urban areas. Look at the situation in the rural population.
Two of our provinces are on the brink of Nationalist Revolution if this man persists to be King of Pakistan.
Brother its very true… Now people of Pakistan should realize that this country was not made for the pakistan army…. more then half of our budget is kept for the defence purposes besides that they are taking control of all major businesses in Pakistan. In return they just embarrass us, they are losing control of Pakistani areas and are surrendering in front of terrorists. Even this doesnt satisfy them now they dont even want to leave country’s highest civil position of “presidency”. Can some one tell them, “please spare us and go to the barracks”. Army has only worsened the circumstances. I feel really bad… and pray may allah keep things well…
i want to reply Hommah Khan that if politicians have done any thing bad then what the hell our army has done to pakistan. Now the existence of our country is at stake and by the way i can assure you this that people came to Benazir Bhutto’s rally on purpose and no one got bribed for coming to the rally. This is a fact that Pakistan People’s Party is the largest party of Pakistan and people want to see them in government. The scams in which this government is involved are yet to be disclosed… Musharaf has just tried to show his brawn and thinks he owns this country… people dont like him and its enough of this atrocious behavior against the innocent citizens of Pakistan.