Civil Military Realation 1999-2008

(SEMESTER FALL-2022)

BY:

Ayman Khan

19011515-039

BS-Political Science (7th)

Submitted to:

Sir Mubaris

Department of Political Science and IR

UNIVERSITY OF GUJRAT
History:

In delayed broadcast to the nation (in the early hours of 13 October 1999) General Pervez Musharraf
announced that the PML(N) government had been removed and the Armed Forces had moved in and
taken control of the affairs of the country. Later on it was decided by the military leadership that martial
law would not be imposed and a new set-up would soon be announced. On 14 October 1999, Musharraf
proclaimed emergency throughout Pakistan and assumed the office of the Chief Executive. He
proclaimed that the Constitution would be held in abeyance but the President would, however, continue
in office. It was also announced that the National Assembly, the Senate, and the four Provincial
Assemblies would stand suspended and their speakers and chairmen were also suspended. Provisional
Constitution Order (PCO) was promulgated which provided that notwithstanding the abeyance of the
provisions of the Constitution, Pakistan (subject to PCO and other orders made by the Chief Executive)
would be governed, as nearly as may be, in accordance with the Constitution.' All courts in existence
would continue to function and to exercise their respective powers and jurisdiction provided that the
Supreme Court, High Courts or any other court would not have the power to make any order against the
Chief Executive or any person exercising power or jurisdiction under his authority. The fundamental
rights under the Constitution, not in conflict with the Proclamation of emergency or any order made
thereunder from time to time, would continue to be in force. The President was to act on the advice of
the Chief Executive. No court could pass any judgment, decree, writ, order or process whatsoever
against the Chief Executive or any authority designated by him, All laws other than the Constitution
would continue in force until altered, amended or repealed by the Chief Executive or any authority
designated by him. All the persons who were members of the services would continue in office.

Introduction:

Musharraf in his speech of 13 October 1999 appealed to the people of Pakistan to remain calm and
support the armed forces which had moved in as a last resort to prevent any further destabilization of
the country.He stated that the Armed Forces would preserve the integrity and sovereignty of the
country at any cost.In his address to the nation on 17 October 1999, he announced that he would head a
six-memberNational Securityy Council, whose other members would be the Chief of Naval Staff, the
Chief of Air Staff, a specialist each in law, finance, foreign policyand national affairs. He also announced
the following seven-point agenda:

1. Re-building of national confidence and morale;

2. Strengthening of the federation by removal of inter provincial disharmony and restoration of national
cohesion;

3. Revival of economy and restoration of investors'confidence;

4. Ensuring law and order and dispensing speedy justice;

5. Depoliticization of state institutions;

6. Devolution of power to grass-root level.

Military Government Confronts the Judiciary

The judiciary was not initially touched by the change.The military government promised the judiciary its
independence and full powers and jurisdiction under the Constitution, subject to certain restraints on
jurisdiction in regard to acts or orders of the ChiefExecutive or authorities acting under him. The judges
of the superior courts were not required to take oath under the PCO and were allowed to continue to
perform their functions and exercise their jurisdiction under the Constitution. The question as to what
oath should be given to judges of superior courts came up at the time when retirement of the Chief
Justice of the Peshawar High Court became due in the first week of January 2000. It was agreed that the
new Chief Justice of that Court would take an oath under the Constitution. This was reaffirmed through
Oath of Office (Judges) Order 1999 (promulgated on 31 December 1999) wherein it was provided that
the judges of the superior courts would take the oath specified in the Constitution and in the
appropriate form set out in the Third Schedule to the Constitution.2 This situation was not to continue
for long. A number of petitions had been filed by Nawaz and other PML(N) leaders in the Supreme Court
under Article 184(3) of the Constitution challenging the military takeover on 12 October 1999 and
seeking restoration of the Assemblies. All these petitions had been entertained and were fixed for
hearing on 31 January2000. As the date of hearing approached, the government started panicking. It
was strongly that these petitions might be accepted and that the Assemblies might be restored and the
Nawaz government reinstated. On 25 January 2000, Oath of Office (Judges) Order, 2000 was
promulgated in which all the judges of the superior courts were required to make oath to the effect that
they would discharge their duties and perform their functions in accordance with the Proclamation of
Emergency of 14 October 1999 and the PCO as amended from time to time. However, it was provided
that if a judge were not given oath or did not make oath within the time fixed by the Chief Executive for
the purpose, he would cease to hold office. In pursuance of this Order, the Chief Justice of Pakistan,
Justice Saeed-uz- Zaman Siddiqui refused to take oath. His standpoint was that the military regime had
given a solemn undertaking to the judiciary that it would not interfere with its independence and it
would be allowed to function under the Constitution. He was virtually put under house arrest until 11
a.m. on 26 January 2000 so that he might not influence those judges who were willing to take the oath.
Four judges of the Supreme Court who originally hailed from Sindh, namely Nasir Aslam Zahid, Mamoon
Kazi, take oath. Khalil-ur-Rehman Khan, a Supreme Court following the example of the Chief Justice, did
not Wajihuddin Ahmad and Kamal Mansoor Alam, Judge from Punjab, also refused to take oath. Only
them, Irshad Hassan Khan was appointed the Chief seven judges took oath and the seniormost amongst
judges of theSindh High Court and I two judges of the Justice. Two judges of the Lahore High Courtthree
Peshawar High Court were not given oath and thus they ceased to hold office. None ofhe judges of the
High Courts refused to take oath voluntarily.

Trial of Nawaz for Hijacking

Nawaz along with six others were tried for hijacking of the PIA plane on 12 October 1999 with Musharraf
on board. This high profile trial held in Karachi by Special Judge Rehmat Hussain Jaffri ended in a verdict
of guilty against Nawaz on 6 April 2000. He was awarded the sentence of life imprisonment. AI his co-
accused were acquitted. Before his appeal could be decided, Nawaz along with the members of his
family left for exile to Saudi Arabia in 11 December 2000.
Supreme Court Upholds Military Takeover

The petitions against the military takeover and for restoration of the Assemblies were heard by a Bench
of 12 judges of the Supreme Court headed by Chie Justice Irshad Hassan Khan. After months of hearing
the judgment was announced on 12 May 2000 disposing of all the petitions with the following findings

1. On 12 October 1999, a situation had arisen for which the Constitution provided no solution and
the intervention by the Armed Forces an extra- constitutional measure became inevitable.
Sufficient corroborative and confirmatory material had been produced by intervention by the
Armed Forces through the Federal Government in support of the through extra-constitutional
measures. Thus, the interv. inn was validated on the basis of the doctrine of State necessity and
the principle of salus populi suprema lex as embodied in Begum Nusrat Bhutto's case.

2. All past andlosed transactions, as well as such exactions as were required for the orderly running
of the State and all acts, which tended to advance or promote the good of the people, were also
validated. Supremlaw of the land subject to the condition

3.That the 1973 Constitution remained the that certain parts thereof were held in abeyance on
account of State necessity.

4. That the Superior Courts would continue to function under the Constitution. The mere that the
Judges of the Superior Courts had takena new oath did not in any manner derogate from this
position because the Courts had originally been established under the 1973 Constitution.

5. () That General Pervez Musharraf, through Proclamation of Emergency dated the 14 October 1999
followed by PCO 1 of 1999, had validly assumed power by means of an extra-constitutional step. He
was held entitled .to perform all such acts and promulgate all legislative measures as enumerated
hereinafter as under: fact

(a) All acts or legislative measures which would be in accordance with, or could have been made
under the 1973 Constitution, including the power to amend it;

(b) All acts which tend to advance or promote the good of the people;

(c) All acts required to be done for the ordinary orderly running of the State;

(4) Al such measures as would establish or lead to the establishment of the declared objectives of
the Chief Executive stated in his speeches of 13 and 17 October 1999. 60 That constitutional
amendments by the the Constitution does not provide a solution Chief Executive could onlye
resorted to attainment of his declared objectives. (un) That no amendment should be made in
salient features of the Constitution, i.e. independence of judiciary, federalism

(iv) That fundamental rights provided in the Constitution should continue to hold the field but the
State would be authorized to make any law or take any executive action in deviation of Articles 15,
16, 17, 18, 19 and 24 of the Constitution.
(v) That these acts, or any of them, could be performned or carried out by means of orders issued by
the Chief Executive or through Ordinances on his advice.

(vi) That the Superior Courts would continue to have the power of judicial review to determine the
validity of any açt.or action of the Armed Forces, if challenged, in the light of the principles
underlying the law of State necessity. These powers under Article 199 of the Constitution would
remain available to their full extent, not- withstanding anything to the contrary contained in any
egislative instrument enacted by the Chief Executive and/or any order issued by the Chief Executive.

(vi) All orders made, proçeedings taken and acts done by the Chief Executive or any authority on his
behalf including the legislative measures, would be subject to judicial review by the superior courts
oh the touchstone of the State necessity.

6. That the cases of former Chief Justice and judges of the Supreme Court, who had not taken oath
under the Order 1 of 2000, and those judges of the High Courts, who were not given oath, could not
be re-opened having been hit by the doctrine of past and closed transaction.

7. That the Government should accelerate. The process of accountability in a coherent and
transparent manner justly, fairly, equitably and in accordance with law.

8. That the judges of the superior Courts would also be subject to accountability in accordance with
the methodology laid down in Article 209 of the Constitution.

9. General Pervez Musharraf, Chief of the Army Staff and Chairman Joint Chiefs of Staff Committee
was held to be holder of : Constitutional post. His purported arbitrary removal in violation of the
principle of audi altram partem was held as ab initio void and of no legal effect.

10. Old legal order had not been completel suppressed or destroyed, but it was merely a case of
constitutional deviation for a transitional period so as to enable the Chief Executive to achieve his
declared objectives.

Removal of President Tarar

After the judgment in Zafar Ali Shah's case, the military regime steadily gained in strength an
confidence, all at the expense of the independence of the judiciarySupremacy of the constitution
and the rule of law. On 20 June 2001, Musharraf as Chief Executive promullgated the President's
Succession Order 20016 in which he declared the office o President vacant (for any reason
whatsoever) thus empowering the Chief Executive to become the office of President until his
successor entered President of Pakistan and perform all functions of upon his office. President Tarar
was unceremoniously removed although neither had he resigned his office nor had his term of office
expired. In fact he had more tia, eighteen months of his term left. Chief President to Musharraf
without taking into Justice Irshad administered oath of office as consideration the constitutionality
of hisssumption as of the President's office. Such assumption of office was never envisaged in the
judgment in Zafar Ali Shah's case. The only reason given out for such hieh handedness was that since
Musharraf was proceeding to India for talks with the Indian government in July 2001, he wanted to
 be armed with the office of President in order to be in a better position to negotiate with the Indian
governmnent. Prior to the visit, Musharraf had raised hopes in Pakistan about the prospect of an
Indo-Pakistan accord through persistent propaganda in the official media. The visit proved to be a
disappointment and Musharraf came back empty hande

Referendum, 30 April 2003

Musharraf, decided to hold a referendum to continue in power, a favourite ploy of military rulers.
After all, Ayub in 1960 and Zia in 1984 had held referenda to assume the office of President for five
years. Why should Musharraf not do the same? He announced on 8 April 2002 that he would hold a
referendum on 30 April 2002. The question to be put to the electorate was to be answered in either
'yes' or 'no' by affixing a stamp in the appropriate circle printed on the ballot paper. The question on
the ballot paper read: For continuation of the system of local government, establishment of
democNCy, continuation and stability of reforms, elimination of sectarianism and extremism and
attainment of the ideals of Quajd-i-Azam. Do you want to make General Pervez Musharraf President
for the next five years If the majority voted in the affirmative, it would be deemed that the people of
Pakistan had given a democratic mandate to Musharraf to serve as President of Pakistan for five
years. Even Musharraf conceded that some officials may have exceeded limits. At least in the
previous referenda, there were electoral lists provided at every polling station and the registered
voters knew where to cast their votes but this time there were no electoral ists and everyone was
free to cast his vote wherever he desired. He could cast his vote at 20 polling stations if he so
pleased. Despite such open ended facility very few people turned up to cast their voteand the
polling stations gave a deserted look. Yet. supposedly more than 97% voted for Musharraf On the
Election Commission was conferred the responsibility for conduct of the referendum. Due to the
unfair conduct of the referendum, one conscientious member of the Commission, Justice Tariq
Mahmood of Balochistan High Court, resigned from the Commission and later from the Balochistan
High Court. The manner in which the referenducampaign was run by Musharraf and his supporters

LFO Legal frame work

On August 24, 2002, Chief Executive General Musharraf issued the Legal Framework Order 2002,
announcing general elections for the National and Provincial Assemblies to be held in October 2002.
Constitutional Provisions were amended for smooth and orderly transition of power from the Chief
Executive to the newly elected Prime Minister after the elections.

The main text of the L. F. O. 2002 stated as follows:

It has been specified that it will come into force henceforth and in the first meetings of National
Assembly, Senate and Provincial Assemblies and that if any necessity arises for any further amendment
of the Constitution or there is any difficulty in giving effect to any of the provisions of this Order, the
Chief Executive will have the discretionary power to make provisions and pass orders for amending the
Constitution or for removing any difficulty. It has been further asserted that the validity of any provision
made, or orders passed, under clauses (1) and (2) shall not be called in question in any court on any
ground whatsoever. The main points of L. F. O. 2002 may be summed up as below:
 Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and
party leaders.
 Having received the democratic mandate to serve the nation as President of Pakistan for a period
of five years, the Chief Executive on relinquishing the office of the C. E., shall assume the office of
President of Pakistan forthwith and hold office for a term of five years under the Constitution,
and Article 44 and other provisions of the Constitution shall apply accordingly.
 There shall be 342 seats of the members in the National Assembly, including seats reserved for
women and non-Muslims.
 The seats in the National Assembly are allocated to each Province, the Federally Administered
Tribal Areas and the Federal Capital as under:
1. Balochistan: General 14, Women 3, Total 17
2. N. W. F. P.: General 35, Women 8, Total 43
3. Punjab: General 148, Women 35, Total 183
4. Sindh: General 61, Women 14, Total 75
5. F. A. T. A.: General 12, Women 0, Total 12
6. Federal Capital: General 2, Women 0, Total 2
7. Total: General 272, Women 60, Total 332
End of government

Begam kalsom Nawaz movemet against Musharaf start fron Quetta to Lahore. Many people support
this movement due to fed up of mushraf marshel law.

Lawyer movment

Dismiss of chief justice M. Iftikhar due to this act the lawyer movement start against Musharaf all
the lawyer and judges support this movement and take a part in this movement

In 2008 just due the fear of empichment gernereal Pervez Musharaf resigned