High
treason
Article
6 of the constitution envisage that any attempt to abrogate, the constitution
through unconstitutional means will amount to High Treason. The inclusion of
this article in admittedly an innovation probably with no parallel anywhere.
In fact
inclusion of this art6icle back-bites the sad and painful story of the
constitutional history of Pakistan. It speaks of the story how the previous
constitutions of Pakistan have been boldly assaulted. It tells us how the civil
liberties of the people of Pakistan have been plundered. As observed by Mr. Justice
Yaqub Ali [PLD 1972 SC 133] a perfectly good country was made into a laughing
stock. A country which came into beings with a written constitution providing
for a parliamentary form of Government with distribution of state power between
the executive, Legislature, and the Judiciary, was soon converted into an
autocracy and eventually degenerated into military disctationship. Form now
onwards people who were the recipients of delegated sovereignty form the
Almighty, ceased to have any share in the exercise of these state powers. An
all omnipotent sovereign now ruled over the army who has conquered a country
and his ‘will’ alone regulates the conduct and behavior of the subjugated
populace.
The
history of the constitutional mishaps which be fell Pakistan between 1953 and
1969 not only brought ruination and untold miseries to the people of Pakistan
but the most painful aspect of its that it resulted in the segregation of two
wings.
Obviously
the Article in meant to provide a safeguard against the repetition of such
catastrophe. Under this article the Parliament has been given powers to make
laws as to provides punishment to persons found guilty of such an offence.
0 comments:
Post a Comment