Soon after the test explosions, the government declared a ‘state of emergency’ and forfeited a number of basic citizen rights under Article 232 of the Constitution. The rationale behind such enforcement was the government’s fear of the country’s financial bankruptcy out of which it intended to stop the outward flight of capital. 

However, there was criticism on such an act of the government by those who found it unnecessary and in negation of the basic human rights. 

JRC found this development pertinent enough to focus on it in the next dialogue on the post-explosion scenario. Therefore, it invited the eminent lawyer, expert on the Constitution and president Pakistan Supreme Court Bar Association, Mr. Abid Hasan Minto, to explain the legal position of the government regarding emergency enforcement, what it actually meant and how it might affect a common man. 

Senior journalist Aziz Mazhar on behalf of the JRC opened the dialogue. He briefly reviewed the crux of the last dialogue and how it could be related with the imposition of emergency. Then, the guest was made to talk at length. 

Abid Hasan Minto was of the view that there was no need to impose emergency on the grounds stated by the government. He said the flight of capital could be stopped just by an ordinance, whereas Article 232 of the Constitution could only be brought to use under severe circumstances like that of a war or serious internal disturbance. 

Ironically, he further said, the government had enforced all the major clauses of the concerned Article with the exception of those, which particularly dealt with a financial emergency. “This indicates the government’s intent as well as ability to handle the state affairs,” he added. 

He said handling of such lethal weapons was always more difficult than their acquisition and we could not trust our political leadership on that. “Though India has actually created the situation, in which Pakistan is just reciprocating, there’s no emergency enforced in India. Indian government also appears to be quite weak but stronger democratic values have refrained them from such an extreme measure,” he maintained. 

Elaborating further, Mr Minto said the government was only trying to use emergency as a tool to curb all sorts of criticism. “Now there’s no judicial action possible against any of the government’s acts. People are left with no option even to protest, as no freedom of expression in a state of emergency was possible,” he informed the audience. 

He feared the test explosions might have repercussions, which the government would not be able to take care of. He said the financial crisis that already faces the country was going to deepen and the government had no alternative to the foreign loans, which solely govern the economy. 

He also criticised the government for glorifying the test explosions to seek political justification. “Even if Pakistan was forced to resort to these explosions, there was no point in backing up its decision with such glorification of the act. It created a very negative impact on the society, which is already quite militarised,’’ he added. 

In response to a question, Mr Minto said there existed no organised political force that could help evolve a national consensus on the issues of vital importance so as to influence the decision-making. “People are not even fully aware of the devastation that a nuclear explosion can cause. But, the political leadership is too weak to help the masses in making the right choice,” he regretted. 

He further said that since the imposition of emergency also resulted in concentration of powers with the centre, it was also going to adversely affect its already tense ties with the provinces. “Now the government can even go on to suspend any of the provincial governments and no one will be able to do anything about that,” he added.
To a question, he said it was the need of the hour that the governments of Pakistan and India initiate a dialogue to resolve the Kashmir issue, which was the major conflict between the two countries. “Kashmiris must also be an essential part of such an exercise,” he resolved.

Phone: + 92 42 6666404 - 6687827
 

 

 
E-mail: jrc@syberwurx.com