Judicial Martial Law, Sheikh Rasheed and Article 6 clause 2

March 24, 2018

By Asif Mehmood

It is unfortunate that a seasoned political figure like Sheikh Rasheed is asking for the imposition of Judicial Martial law. What could be more ridiculous than such a childish demand? Although he has not yet elaborated what does he actually mean but this Judicial Martial Law yet the intent is very clear. A seasoned politician is showing no respect for the constitution.

Honorable Chief Justice of Pakistan has very rightly stated that there is no room for any Judicial Martial law in Pakistan.  While addressing the students at Lahore he said, “The kind of things that are being said about a judicial martial Law— the Constitution does not allow any such thing.”

Not only this, the Honorable Chief Justice also said that he has taken an oath under the Constitution of Pakistan and that any deviation from the Constitution shall not be tolerated. We as a nation owe a debt of gratitude to honorable CJ for this.  What about Sheikh Tasheed by the way is a question the political elite must look into?  Should he be allowed to spit out anything at any time?

Pakistan has its own constitution and under Article 5 of the constitution every citizen is bound to respect it. It states: (1) Loyalty to the State is the basic duty of every citizen. (2) Obedience to the Constitution and law is the 1[inviolable] obligation of every citizen wherever he may be and of every other person for the time being within Pakistan.

Not only this but Article 6 too speaks volumes of the fact that Constitution is a sacred document and not only its abrogation is a crime but abetment or instigation for the same is equally punishable. Article 6 of the Constitution says:  “ Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.](2) Any person aiding or abetting 2[or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason.”

Now the question is: Whether clause 2 applies on Sheikh Sahib or not?

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