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    Sunday, 25 September 2016

    High Treason in Constitution of Pakistan 1973

    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.
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