Pakistan Islamic Republic

Fate of Pakistan pivotal for the future of the world- historian Karen Armstrong

03 Feb 2008 09:53:26 GMT
Source: Reuters

ISLAMABAD, Feb 3, 2008 - The future of Pakistan, and how it balances the need for Muslim symbols with the secularism needed to run a modern state, will be important for the future of the world, according to historian and theologian Karen Armstrong.

Nuclear-armed and reaping the grim harvest of "extremism" resulting from the West's support for a religious war to drive the Soviet Union out of neighbouring Afghanistan, Pakistan has a big question to answer, says Armstrong. "How do you become a secular Muslim state?"

Last Thursday, Armstrong, whose writings have highlighted the tolerant and pluralistic nature of Islam, met President Pervez Musharraf, who hoped to change Pakistan into a state where "enlightened moderation" prevailed.

"Pakistan is on the frontier of this present struggle," Armstrong told Reuters during a visit to Islamabad to celebrate the golden jubilee of the Aga Khan, Fatimid Imam Caliph of Islam.

"I think it is not so much important for the future of Islam as important for the future of the world," said the 63-year-old Briton, whose book "The Battle for God: Fundamentalism in Judaism, Christianity and Islam" was released a year before 2001 attacks on the United States.

"What happens here will be very decisive in how the so-called war against terrorism proceeds in other regions."

"The kind of conversations I have about this topic remind me very much of conversations I had in Israel, another secular state born out of displacement and tragedy."

Armstrong said Israelis faced a similar struggle between secularists in tune with the vision of their country's founder, David Ben-Gurion, and ultra-orthodox Jews, some of them militant.

Even Ayatollah Ruhollah Khomeini, the leader of the 1979 Islamic Revolution in Iran, realised the need to have a degree of secularism in order to run a modern state, she said. Khomeini, just before he died in 1989, told mullahs not to meddle in defence and economic policies, she said.

CORNERED BY SECULARISM
The separation of religion in the state represents a modern, major change in societies where religion is a way of life. When it happens too quickly, people feel threatened and if attacked through the media or by force, they become aggressive, said Armstrong, a former nun who describes herself as a "freelance monotheist". "Most of these extreme movements are rooted in profound fear, a fear of annihilation," she said, stressing that the same dynamics play out in Christianity, Judaism and Islam. "In small-town America there are Christians who believe they are going to be wiped out by a so-called liberal establishment."

During the interview, Armstrong cited the example of Sayyid Qutb, whose writings from an Egyptian jail in the 1950s and 60s helped craft a strain of Sunni Muslim fundamentalism that spawned the global jihad of al Osama bin Laden and Ayman al-Zawahri.

People should study Qutb's texts rather than the Koran if they wanted to understand al Qaeda, she said. But they had to be read in the context of the torture Qutb suffered and his reaction to efforts to secularise Egypt, she said. Attempts to introduce secularism, which took centuries in the West, has been done too quickly in the Middle East, according to Armstrong, resulting in religious movements that tend to become lethal if they occur in regions where violence is endemic.

Armstrong didn't see militancy in Pakistan's tribal lands, or Hamas or Hizbollah movements, or even bin Laden's al Qaeda, as being motivated principally by religion. It is more of a kind of political followup.

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Sultan Muhammad Shah Aga Khan, the 48th Fatimid Imam Caliph and founder of Pakistan at a session of Motamer al-Alam-al-Islamiyya on February 9, 1951 in Karachi said:

“I can assure you that it is not with a light heart that I address you this evening. I fully realise that what I am going to say will make me most unpopular with important sections of the population. However, I would be a traitor to Islam if I let this opportunity pass without placing before the people of this powerful and populous Islamic nation the views which I consider my duty to place before the Muslims with as many of the arguments as I am capable of using in a short address.

I fear some of my arguments will mortally offend those who under totally different conditions gave so much of their life for the support of the cause which I think today has been passed by events far more important than any dreamt of in those days. I feel the responsibility greater than any I can think of to place my views and arguments before the Muslim population of Pakistan as a whole - each and every province - while what I consider a tragic and deadly step is not yet taken and not added to the constitution of this realm.

The language of a nation is not only the expression of its own voice but the mode of interpretation with all other human societies. Before it is too late, I, an old man, implore my brothers in Islam here not to finally decide for Urdu as the national language of Pakistan but to choose Arabic. Please hear my arguments.

If what was the other part of the former British Empire of India had made Urdu its national language, there would have been a great argument for Pakistan doing ditto. It could have been a linguistic and important point of contact with the vast Republic of the South. I am the last man on earth to desire to break any bridge of contact and understanding between Pakistan and its immense neighbour. Not only Urdu but even Hindustani has been replaced by Hindi throughout Bharat as the national language. The people of Bharat were perfectly justified to choose any language which the majority considered most appropriate and historically justified to be their national language. The majority there has the right to choose what was most suitable for them as the official language of the country.

Your choice in Pakistan of Urdu will in no way ameliorate or help your relations with your neighbour, nor will it help the Muslim minorities there in any conceivable way. Howsoever you may add Arabic and Persian words to Urdu there is no denying the fact that the syntax, the form, the fundamentals of the language are derived from Hindi and not from Arabic. Was Urdu the language of the Muslims of India at the time of their glory? During the long Pathan period, Urdu was never considered the language of the rulers.

Now we come to the Moghul Empire in the period of its glory. It was not the language of the educated. I defy anybody to produce a letter or any other form of writing by Emperors Aurangzeb, Shah Jehan, Jehangir, Akbar, Humayun or Babar in Urdu language. All that was spoken at the Court was Persian or occasional Turkish. I have read many of the writings of Aurangzeb and they are in beautiful Persian. Same is true if you go to the Taj Mahal and read what is written on the tombs of the Emperor and his famous consort. Persian was the court language and the language of the educated and even till the early 19th century in far Bengal, the Hindu intelligentsia wrote and used Persian and not Urdu. Up to the time of Macaulay, Persian was the language of Bengali upper classes irrespective of faith and of official documents and various Sadar Adalat. We must look historical facts in the face. Urdu became the language of Muslim India after the downfall. It is a language associated with the downfall. Its great poets are of the downfall period. The last and the greatest of them was lqbal, who with the inspiration of revival gave up Urdu poetry for Persian poetry. There was a meeting in Iqbal’s honour in London organised by men such as Prof. Nicholson. I was present at that meeting. Iqbal said that he went in for Persian poetry because it was associated with the greatness of the Islamic epoch and not with its misfortunes. Is it right that the language of the downfall period should become the national language of what we hope now is a phoenix-like national rising? All the great masters of Urdu belong to the period of greatest depression and defeat. It was then a legitimate attempt by the use of a language of Hindi derivation with Arabic and Persian words to find ways and means of better understanding with the then majority fellow countrymen.

Today that vast British dependency is partitioned and succeeded by two independent and great nations and the whole world hopes that both sides now accept partition as final. Is it a natural and national language of the present population of Pakistan? Is it the language of Bengal where the majority of Muslims live? Is it what you. hear in the streets of Dacca or Chittagong? Is it the language of the North West Frontier? Is it the language of Sind? Is it the language of the Punjab? Certainly after the fall of the Mughal Empire the Muslims and Hindus of certain areas found in it a common bond, but now today other forms of bridges must be found for mutual understanding. Who were the creators of Urdu? What are the origins of Urdu? Where did it come from? The camp followers, the vast Hindi-speaking population attached to the Imperial Court who adapted, as they went along, more Arabic and Persian words into the syntax. of their own language just as in later days the English words such as glass and cup became part of a new form of Urdu called Hindustani. Are you going to make the language of the Camp, or of the Court, the national language of your new-born realm? Every Muslim child of a certain economic standard learns the Quran in Arabic, whether he is from Dacca or Quetta. He learns Arabic to read the Quran.

Arabic is the language of Islam. The Qur’an is in Arabic. The Prophet’s hadith are in Arabic. The highest form of Islamic culture in Spain was in Arabic. Your children must learn Arabic to a certain extent always. The same is true of your West whether Sind, Baluchistan or the North. From the practical and worldly point of view, Arabic will give you, as a national language, immediate contact not only with the 40 million Arabic-speaking people of independent nations on your West, but the other 60 million more or less Arabic-speaking people who are not independent but who exist in Africa. Right up to the Atlantic, not only in North but as far South as Nigeria and the Gold Coast, Arabic is known to the upper classes of the population. In all the Sudans, on the Nile or under French rule, Arabic is the language right up to the borders of Portuguese West Africa. In East Africa, not only in Zanzibar but amongst the Muslim population of even countries as far apart as Madagascar and Portuguese East Africa, Arabic is known. If we turn to the Far East, Arabic has prospered throughout the region inhabited by 80 million Muslims of Indonesia, Malaya and Philippines. In Ceylon, Muslim children of the well-to-do classes get some knowledge of Arabic.

Is it not right and proper that this powerful Muslim State of Pakistan, with its central geographical position, its bridges between the nearly 100 million Muslims of the East and 100 million Muslims of the West - its position of the East from Philippines and the Great State of Indonesia and Malaya and Burma and then westward with the hundred millions in Africa, right up to the Atlantic, should make Arabic its national language and not isolate itself from all its neighbors and from the world of Islam with a language that was associated with the period of downfall of Muslim States.

And finally, whi1e Arabic, as a universal language of the Muslim world will unite, Urdu will divide and isolate. Gentlemen, brothers in Islam, people of Pakistan, people of every Province, I appeal to you, before you take the final and what I unfortunately must say, I consider, the fatal jump down the precipice, please discuss and let all and every one contribute their views. Take time and think over it. Once more I appeal for Islamic charity from those whom I may have offended and I appeal to all others to look to the facts in the face both historically and as they exist at present. I pray that the people of this country may be guided by Divine Wisdom before they decide.”

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Aziz calls on Aga Khan : Shaukat Aziz former Prime Minister of Pakistan called on His Highness Prince Karim Aga Khan at his Paris residence this week January 31 2008. The two leaders exchanged views on international situation. The former Prime Minister paid rich tributes to Prince Aga Khan for his excemplary meritorious services for the cause of Muslim Ummah, and the poor, the sick and the needy in emerging economies. The Fatimid Imam Caliph expressed his pleasure over the financial development of Pakistan. Due to effective economic policy of the government, financial stability took place in Pakistan, said Aga Khan.

His Highness Aga Khan is establishing a Muslim University with a total cost of US $ 500 million, the president of Aga Khan Council, Iqbal Waljee, said in Karachi on Thursday, 24 January 2008.. He said 1,000 acres of land has been acquired for the purpose on Super Highway in Karachi. The Aga Khan will inaugurate the ground breaking shortly, he said adding that acadamic activity will start from 2011. Golden Jubilee celebrations of the Imamat Caliphate of Aga Khan is being marked in Pakistan with high profile programmes including lecture series by Karen Armstrong on intellectual traditions in Islam.

And as Pakistan is going through anxious moments, Fatimid Heritage Foundation, Geneva Peace Development Centre and Mountain Girls Education Development Program have endorsed full confidence in the leadership of Excellency President Musharraf. We believe President Musharraf has been historically delivering his best, both for Pakistan and world community so to speak about civil society and democracy, women emancipation and good governance, theological and political consensus, freedom of expression, media support, independence of judiciary, indigenous rule of people and global peace.

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His Highness Aga Khan Fatimid Imam Caliph, founder and chairman of the Aga Khan Development Network (AKDN), today 30th January 2008 met with Mr. Haruhiko Kuroda, President of the Asian Development Bank (ADB), for discussions on joint collaboration between the ADB and AKDN. The meeting preceded the signing of an agreement aimed at expanding the partnership between the two institutions.

“A strengthened partnership between ADB and the Aga Khan Development Network provides an effective channel for supporting inclusive development in the region, especially for the benefit of the poorest and most vulnerable people in society,” said Mr. Kuroda.

The Aga Khan’s younger brother, Prince Amyn Aga Khan, who signed the agreement on the Aga Khan’s behalf, thanked the ADB for its long-standing cooperation and lauded the Bank’s efforts to adopt a new long-term strategy this year in the face of growing challenges and opportunities in the Asia-Pacific region.

Prince Amyn Aga Khan expressed confidence that the agreement will enable an intensification of the collaboration between the two institutions, thereby helping to transform the lives of many.

He added that the agreement is “an expression of our shared commitment to ensure that marginalized and impoverished areas of South and Central Asia receive the attention and support needed to alleviate poverty and to create stability in cross border areas, by connecting isolated communities, developing markets, incomes, and employment, and fostering an enabling environment.”

The joint ADB/AKDN agreement stresses the need “to find ways to undertake investments to connect the poor to the opportunities of growth and to connect services to the poor emanating from national and regional growth benefits.”

The ADB and the AKDN collaborate across multiple sectors in Afghanistan, Tajikistan, India, and Pakistan. The agreement signed today reinforces the need for cooperation in sectors such as infrastructure, economic development, and human capacity building. It expresses the joint commitment of both institutions to local and regional ownership of development policies and programmes, long-term approaches to sustainable development, and investments which connect the poor to growth opportunities. Amongst the new areas for potential partnership are investments in higher education, including with the Aga Khan University and the University of Central Asia.

Notes:

ADB, a major development institution in the Asia and Pacific region, seeks to foster economic growth, good governance, human resource development, and the reduction of poverty for the benefit of its developing member countries.

The Aga Khan Development Network (AKDN) is a group of private, non-denominational development agencies working to empower communities and individuals to improve living conditions and opportunities, especially in sub-Saharan Africa, Central and South Asia, and the Middle East. The Network’s nine development agencies focus on social, cultural and economic development for all citizens, regardless of gender, origin or religion. The AKDN’s underlying ethic is compassion for the vulnerable in society. Its annual budget for social development is in excess of US$300million.

For more information please contact:

Jason Rush
Media Relations
Asian Development Bank
Tel: (632) 632-4444
www.adb.org
Aly Nazerali
European Representative and CEO
AKDN
3 Cromwell Gardens
London SW7 2HB
Tel: +442075916800
E-mail: aly.nazerali@akdn.org

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The First MicroFinance Bank’s client, Ms. Sifat Gul from Gharam Chashma, Chitral won the “Best National Micro-Entrepreneur Award Female” at the recently organised Citi-PPAF Micro-entrepreneurship Awards 2007 ceremony in Islamabad. Dr. Ishrat Hussain, former Governor State Bank of Pakistan was the Chief Guest for the occasion where Sifat Gul was awarded a cash prize of Rs. 115,000. The objective of the Citi-PPAF Micro-entrepreneurship Awards Programme 2007 is to illustrate and promote the effective role that micro-finance plays in poverty alleviation. It recognises the extraordinary contributions that individual micro-entrepreneurs have made to the economic sustainability of their families as well as their communities.

The award winner Sifat Gul, faced with economic problems, began her journey a couple of years ago by approaching The First MicroFinanceBank Ltd (FMFB) for a loan to purchase a sewing machine and become a tailor. However, she was soon able to diversify her small home-run business into a full training institute to harness the sewing and embroidery skills of the young women in her community. Today, she plans to construct a separate building for her training institute and has partnered with other organisations that purchase her products and exhibit them in city centres.

Her association with the Bank not only helped her in increasing her own household income and savings and but also empowered her to play a positive role in mobilizing her community to bring about a social change in their surroundings. Today, not only does she have the basic amenities of life including good quality access to education, housing and health facilities for her entire household but also trains and empowers many young women to earn their livelihoods. Coming from the remote, mountainous area of Chitral, hers is a story of true woman empowerment as she stepped up to earn a livelihood and was later elected as a female councillor revolutionizing the surroundings by playing a pivotal role in mobilising common interest projects such as Community Based Schools, village pipeline repair and road repair projects. Initially faced by strong resistance and opposition from her family to start a business, Sifat Gul with the support of The First MicroFinanceBank and her sheer commitment, confidence and hard work succeeded in bringing a positive change in her household and continues to be a social change agent.

The First MicroFinanceBank, a part of the Aga Khan Development Network, has played an instrumental role in reaching out to the poor segments of society by enabling individuals to strengthen their entrepreneurial base and build capital for a sound and secure future. The Bank strives to alleviate poverty through sustainable economic development by offering credit, savings and life insurance services and an efficient and low cost funds transfer service to its target populations. With over 70 fully automated branches all over Pakistan, FMFB has disbursed 170,000 loans and has achieved 64% rural outreach in a short span of six years.

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The number of children starting primary school around the world had increased sharply since 2000, but the poor quality and high cost of schooling, along with high adult illiteracy rates and insufficient aid were undermining chances of achieving education for all by 2015, Nicholas Burnett, United Nations Educational, Scientific and Cultural Organization (UNESCO) Assistant Director-General for Education, said today at a Headquarters press conference.

Presenting the 2008 Education for All Global Monitoring Report, Mr. Burnett said that, since the 1999 World Education Forum in Dakar, there had been significant progress towards universal primary education, much faster than during the 1990s, and girls, in particular, were benefiting. There had also been a major increase in spending on basic education by developing countries, as well as a major increase in aid to basic education.

Despite that positive trend, however, there were still 72 million children out of school and 800 million illiterate adults. Disparities within countries existed, and aid, while increasing, remained insufficient to match needs.

He said UNESCO’s goals for education overlapped with the Millennium Development Goals regarding universal primary education and gender parity. “Without such things as literacy, without education, the MDGs as a whole are unlikely to be achieved,” he said.

The Report, launched today by UNESCO, presented a portrait of mixed results at the midway point to the 2015 target, he said. It showed primary school enrolment increasing by 36 per cent in sub-Saharan Africa, and 22 per cent in South and West Asia, between 1999 and 2005. The abolition of school fees had favoured access for the most disadvantaged. Gender parity had been achieved in several countries, and the number of out-of-school children had declined since 1999, from 96 million to 72 million. Domestic spending and aid increases since 1999 had boosted efforts, he added.

Nevertheless, major concerns persisted, he said. Governments were not steering their budgets towards the much needed areas of early childhood education and of reaching the poorest and most disadvantaged. In addition, parity at the secondary school level lagged far behind primary school enrolments, with 37 per cent of countries achieving parity at the secondary level versus 63 per cent at the primary level. Adult literacy also remained an urgent challenge, with 774 million adults, or 1 in 5, unable to read. That figure included 1 in 4 women, which was of particular concern since women’s literacy strongly influenced children’s education.

Poor education quality also hampered efforts, he said. The Report stated that less than 63 per cent of pupils reached the last grade of primary school in 17 sub-Saharan African countries, and 78 per cent in half the countries of South and West Asia. Increases in the number of teaching staff had not kept pace with enrolment growth, and 18 million primary school teachers would be needed if the 2015 goals were to be met. Based on projections of current trends, 58 of the 86 countries that had not reached universal primary education would not achieve it by 2015, and 90 would not achieve parity at primary and secondary levels.

He stressed that major policy changes were needed to achieve the goals, along with more attention for early childhood education, literacy and quality. The Report stated that too many donors were putting excessive priorities on secondary education. France, Germany and Japan allocated less that one third of their aid to basic education, and most of it, to post-secondary education.

The Report drew attention to a winning combination in countries -- including Burkina Faso, Yemen and Zambia -- where well-targeted policies and higher domestic spending were bolstered by external aid. “This combination is making a difference,” Mr. Burnett said. “There is a clear model of success that must be more widely promoted if [education for all] is to be achieved and if the MDGs are to be achieved.”

Read the full report and additional information at www.efareport.unesco.org

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Excellency President Musharraf, addressing the nation said: “It is my intention to lift the state of emergency from the country on Dec 16, withdraw PCO the same day and hold general elections as per the announced schedule and according to the Constitution.”

‘‘I have resolved to lift the emergency and withdraw the PCO on Dec 16,” he said in a televised address after taking the oath of office for a second five-year term, this morning, 29th November 2007.
The President made a fervent appeal to all the stake holders to do away with the politics of confrontation, violence and ambiguity. He sincerely urged for the building of national reconciliation, consensus and tolerance on matters of national importance, marking it as pre requisite for success of democracy in any part of the world.

Nobody would be allowed to create obstacle or hindrance in the process of transition to democracy in the country, and writ of the government shall apply in all cases, the President said.

The President lauded former Prime Minister Shaukat Aziz, his cabinet and Chief Ministers and their cabinets for their successful running of the government and bringing economic prosperity to the people and country.

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Fatimid Heritage Foundation extends heartiest affection and gratitude and joins the nation to salute General President Musharraf for his devoted services to the Army and People of Pakistan.

The President of Pakistan, Chief of Army Staff General Musharraf on Wednesday handed over the traditional Baton of Command to the new Chief of Army Staff (COAS), General Ashfaq Kayani at a smartly turned out glittering ceremony held at the hockey stadium near GHQ on a bright sunny morning of 28th November 2007.

Fatimid Heritage Foundation extends warmest hearty congratulations to the Chief of Army Staff General Ashfaq Kayani with prayers for every success and happiness of fulfilment of duty in his new office.

The president said he was handing over the command to General Kayani, an excellent soldier. He said he was confident that Chief of Army General Kayani will take the army to new professional heights.

“Although I would not be in uniform tomorrow, my heart shall continue to beat with the pulse of the Pakistan Army as the army has been my family since I joined it at the age of 18. It is a sad moment for me to bid farewell to the army after serving it for 46 years. But this is how life is made to be, and every good thing has to come to an end,” a tearful President Musharraf said, bidding farewell to the Pakistan Army, the most immaculate, disciplined, sacrificing and noble.

The army was his life and passion and he served it with honour and dignity. The army, and the nation as whole, in return has given him love and affection nowhere found in the world.

“I salute all ranks of the army who sacrificed their lives for the country. The nation acknowledges their sacrifices,” said the President.

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“Unfortunately, some members of the superior judiciary by way of judicial activism transgressed the constitutional limits and ignored the well-entrenched principle of judicial restraint." The Supreme Court of Pakistan on Friday validated the imposition of emergency and the promulgation of the Provisional Constitution Order issued by the Chief of the Army Staff General Pervez Musharraf, and justified all the steps taken after the emergency on November 3.

A seven-member bench of the Supreme Court, headed by Chief Justice Abdul Hameed Dogar, while announcing a brief judgment on the constitutional petitions challenging the state of emergency and the PCO, declared the emergency as valid and all steps taken by President General Pervez Musharraf after November 3 justified.

The court ruled that the learned chief justices and judges of the superior courts, (Supreme Court, Federal Shariat Court and high courts), who had not been given, and who had not taken, oath under the Oath of Office (Judges) Order 2007, had ceased to hold their respective offices on November 3, 2007. Their cases cannot be re-opened being hit by the Doctrine of Past and Closed Transaction.

Following is the text of the Supreme Court order announced by a seven-member bench headed by Hon. Chief Justice Abdul Hameed Dogar.

Other members of the bench included Justice Ejazul Hassan, Justice Muhammad Qaim Jan Khan, Justice Muhammad Moosa K Laghari, Justice Chaudhry Ejaz Yousaf, Justice Muhammad Akhtar Shabbir and Justice Zir Pervez.

“The above Constitution Petitions are directed against the Proclamation of Emergency of the 3rd day of November 2007 and the Provisional Constitution Order No.1 of 2007 issued by the Chief of Army Staff, as also the Oath of Office (Judges) Order, 2007 made and promulgated by the President of Pakistan.

2. We have heard Mr. Irfan Qadir, learned ASC for the petitioner in Constitution Petition No.87/2007 and Barrister Zafarullah Khan in Constitution Petition No.88/2007 as well as Syed Sharifuddin Pirzada, Senior Advocate Supreme Court and Malik Muhammad Qayyum, Attorney General for Pakistan on behalf of the respondents in both the petitions. We find that:-

(i) In the recent past the whole of Pakistan was afflicted with extremism, terrorism and suicide attacks using bombs, hand grenades, missiles, mines, including similar attacks on the armed forces and law enforcing agencies, which reached climax on 18th of October 2007 when in a similar attack on a public rally, at least 150 people were killed and more than 500 seriously injured. The extremists/terrorists resorted to abduction of foreigners, which badly impaired the image of Pakistan in the comity of nations, and adversely affected its economic growth. The situation in Islamabad and various places in NWFP, Balochistan and tribal areas was analogous to “a state within the state”. Unfortunately, no effort by the government succeeded in curbing extremism, terrorism and suicide attacks. The Prime Minister apprised the President of the situation through his letter of the 3rd of November 2007;

(ii) The Constitution of Pakistan is based on the principle of trichotomy of powers. All the three organs of the State, namely, the legislature, the executive and the judiciary are required to perform their functions and exercise their powers within their specified sphere. Unfortunately, some members of the superior judiciary by way of judicial activism transgressed the constitutional limits and ignored the well-entrenched principle of judicial restraint. Thousands of applications involving individual grievances were being processed as suo motu cases ostensibly in the exercise of power under Article 184(3) of the Constitution, which provision is resorted to the enforcement of fundamental rights involving questions of law of general public importance. Instances of transgression of judicial authority at large scale may be found in the cases of determination of prices of fruits, vegetables and other edibles, suspension and transfers of government officials, frequent directions to enact particular laws, stoppage of various development projects, such as New Murree City, Islamabad Chalets, Lahore Canal Road and many more. They rendered the state machinery, particularly legislative and executive branches of the government paralyzed and nugatory. They made ineffective the institution of the Supreme Judicial Council set up under the Constitution for the accountability of the members of the superior judiciary;

(iii) The sum total of the circumstances led to a situation where the running of the government in accordance with the provisions of the Constitution became impossible for which the Constitution provided no remedy or satisfactory solution. There was a strong apprehension of disastrous consequences that would have followed in case the action of the 3rd day of November 2007 was not taken by the Chief of Army Staff/President;

(iv) The situation which led to the issuance of Proclamation of Emergency of the 3rd day of November 2007 as well as the other two Orders, referred to above, was similar to the situation which prevailed in the country on the 5th of July 1977 and the 12th of October 1999 warranting the extra-constitutional steps, which had been validated by the Supreme Court of Pakistan in Begum Nusrat Bhutto V. Chief of the Army Staff (PLD 1977 SC 657) and Syed Zafar Ali Shah V. Pervez Musharraf, Chief Executive of Pakistan (PLD 2000 SC 869) in the interest of the State and for the welfare of the people, as also the fact that the Constitution was not abrogated, but merely held in abeyance;

Sufficient corroborative material has been produced by the respondents, which justifies the taking of the extra-constitutional measures by the Chief of Army Staff and the President.

3. We, therefore, hold that:-

(i) the Constitution of the Islamic Republic of Pakistan, 1973 still remains to be the supreme law of the land albeit certain parts thereof have been held in abeyance in the larger interest of the country and the people of Pakistan;

(ii) The extra-constitutional steps of Proclamation of Emergency of the 3rd day of November, 2007, the Provisional Constitution Order No.1 of 2007, the Provisional Constitution (Amendment) Order, 2007, the Oath of Office (Judges) Order, 2007 and the President’s Order No. 5 of 2007 are hereby declared to have been validly made by the Chief of Army Staff/President subject to the condition that the country shall be governed, as nearly as may be, in accordance with the Constitution. All acts and actions taken for the orderly running of the State and for the advancement and good of the people are also validated. In absence of the Parliament, General Pervez Musharraf, Chief of Army Staff/President, in pursuance of the Proclamation of Emergency of the 3rd day of November 2007 may, in the larger public interest and the safety, security and integrity of Pakistan, under the principle of salus populi suprema lex, may perform:-

(a) All acts or legislative measures which are 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; and

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

4. We further hold and direct as under:-

(i) The old Legal Order has not been completely suppressed or destroyed, but it is a case of constitutional deviation for a limited transitional period;

(ii) Constitutional amendments can be resorted to only if the Constitution fails to provide a solution for the attainment of the declared objectives of the Chief of Army Staff/President, but without affecting the salient features of the Constitution, i.e. independence of Judiciary, federalism, parliamentary form of Government blended with Islamic provisions;

(iii) The President, the Federal Government and the Election Commission of Pakistan shall ensure the holding of fair, free and transparent elections as required by the Constitution and the law;

(iv) The Superior Courts continue to have the power of judicial review, to judge the validity of any act or action of the Chief of Army Staff, or the President notwithstanding the ouster of their jurisdiction by the aforesaid extra-constitutional measures;

(v) The Chief Justices and Judges of the superior courts (Supreme Court of Pakistan, Federal Shariat Court and the High Courts) are subject to accountability only before the Supreme Judicial Council in accordance with the procedure laid down in Article 209 of the Constitution;

(vi) The learned Chief Justices and Judges of the superior courts, (Supreme Court of Pakistan, Federal Shariat Court and the High Courts), who have not been given, and who have not made, oath under the Oath of Office (Judges) Order, 2007 have ceased to hold their respective offices on the 3rd of November 2007. Their cases cannot be reopened being hit by the doctrine of past and closed transaction; and

(vii) The Proclamation of Emergency of the 3rd day of November, 2007 shall be revoked by the President and/or the Chief of Army Staff at the earliest so that the period of constitutional deviation is brought to an end. However, this Court may, at any stage, re- examine the continuation of the Proclamation of Emergency if the circumstances so warrant.

5. The petitions are disposed of in the above terms.”