Article inserted in constitution by Musharraf

The following is the text of Article 270AAA inserted in the Constitution by President Pervez Musharraf last year.

In the Constitution, after Article 270AA, the following new Article shall be added, namely:- “270AAA. Validation and affirmation of laws etc. (1) The proclamation of Emergency of 3rd November, 2007, all President’s Orders, Ordinances, Chief of Army Staff Orders, including the Provisional Constitution order No.1 2007, the Oath of Office (Judges) Order, 2007, the amendments made in the constitution through the Constitution (Amendment) Order, 2007 and all other laws made between the 3rd day of November, 2007 and the date on which the Proclamation of Emergency of the 3rd Day of November, 2007, is revoked (both days inclusive), are accordingly affirmed, adopted and declared to have been validly made by the competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground whatsoever.

“(2) All orders made, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, on or after the 3rd day of November, 2007 in exercise of the powers derived from any Proclamation, Provisional Constitution Order No. 1 of 2007, President’s orders, ordinances, enactments, including amendments in the Constitution, notifications, rules, orders, bye-laws, or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding anything contained in the Constitution or any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court or forum on any ground whatsoever.

“(3) All proclamations, President’s orders, ordinances, Chief of Army Staff Orders, laws, regulations, enactments, including amendments in the Constitution, notifications, rules, orders or bye-laws in force immediately before the date on which the Proclamation of Emergency of the 3rd day of November, 2007 is revoked, shall continue in force until altered, repealed or amended by the competent authority.

“Explanation.- In this clause, “competent authority” means,- (a) in respect of President’s orders, ordinances, Chief of Army Staff Orders and enactments, including amendments in the Constitution, the appropriate Legislature; and (b) in respect of notifications, rules, orders and bye- laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.

“(4) No prosecution or any other legal proceedings, including but not limited to suits, constitutional petitions or complaints, shall, notwithstanding anything contained in the Constitution or any other law for the time being in force, lie in any court, forum or authority against any person or authority on account of or in respect of issuance of the legal instruments referred to in clause (1) and on account of or in respect of any action taken by the Chief of Army Staff, the President or any other in exercise or purported exercise of the powers referred to in clause (2).

“(5) For purpose of clauses (1), (2) and (4) all orders made, proceeding taken, appointments made, including secondments and deputation, acts done or purporting to by made, taken or done by any authority or person shall be deemed to have been made, taken in good faith and for the purpose intended to be served thereby.”

Rise of Pakistan: Article inserted by Musharraf

This article could have been in simpler language if they'd have used the word 'Musharraf' in in place of the bold text in the post. For example the text in clause 4 would look like "... on account of or in respect of any action taken by musharraf in execise or purported..." See, the govt. itself has complicated the text. Such simplifications could have been easier to understand and implement. Those would also have told ppl tht mush is undoubtedly the sole king of a 'sovereign' state. Oh it could even be further simplified by using the following text: "Any thing done by Musharraf in Pakistan since the time he has been living in pakistan has been done validly and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground whatsoever. Musharraf always does everything in a good faith, whether he does it as a president, or a chief of army staff or in any other role." Be it the 1999 govt. take over or 2007 coup, he did not do anything for himself, it was infact in greater interest of the country. For example removing 60 judges who oppose a single spoiled child is for the greater good of the country. Obviously almost 70% of the judiciary can be wrong but absolute mush cannot be. It is written in the constitution article 270AAA that he does every such thing it in good faith. May Allah bless him and show him the right path. And if he cannot be blessed, then Allah may bless us by removin him from presidency.

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