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Sunday, September 16, 2007
To,
the Chief Election Commissioner,
Election Commission Of Pakistan
Secretariat, Election House,
Constitution Avenue G-5/2,
Islamabad
Subject: New Election Commission Notification and Presidential Ordinance is a High Treason and must be withdrawn immediately
Dear Chief Election Commissioner: Assalamo Alaikum
Gen. Musharraf had issued an ordinance for absolutely selfish reasons and at the expense of the fundamental rights of 16 crore Pakistanis which grossly subverts the constitution and according to the Constitution of Pakistan article 6 is a clear High Treason. Unfortunately the Election Commission of Pakistan has become part and parcel in this crime and therefore cannot be trusted as a neutral and fair institute to carry out an impartial and fair election in Pakistan. Please read the following from Constitution and see yourself in the mirror.
"High treason
6 (1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of forces or show of force or by other unconstitutional means shall be guilty of high treason.
Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.
(3) Majlis-e-Shoora (Parliament) shall by law provide for the punishment of persons found guilty of high treason"
Certainly high treason can not become a law. Even if such subversions were made "Kosher" by the assembly or the courts under duress, it does not justify commit further and more subversions. One wrong does not justify another one!
"
Gen Musharraf being a Military Dictator and so called President of Pakistan has no right whatsoever to make article 63 null and void for his own election. The Election Commission of Pakistan must have guts to say No to the unconstitutional and unlawful subversion of the constitution.
It is indeed very sad to see several Federal Ministers and other high placed Government / / Political personalities involved in deliberate lies and distortions in order to make common people fool. They are saying that holding of Presidential Elections prior to National Assemblies is a must otherwise constitution will break. It is absolutely rubbish. According to the declare date of end of present presidential tenure i.e. 15th November 2007, the Presidential elections can be held up to 15th December 2007 i.e. after the elections of new assemblies representing the current mandate of the people. to get vote from about to expire assemblies is NO ELECTION WHATSOEVER!.
(43 -4) "Election to the office of President shall be held not earlier than sixty days and not later than thirty days before the expiration of the term of the President in office (15 th December 2007 in present scenario)
Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly
Please also note that the President to be elected requires fresh mandate before commencing new term.
41 (7 "“ b) (Describing the Chief Executive of the Islamic Republic of Pakistan"¦)
"having received the democratic mandate to serve the nation as President of Pakistan for a period of five years shall, on relinquishing the office of the Chief Executive, "¦ the office of the President of Pakistan forthwith and shall hold office for a term of five years under the constitution, and Article 44 and other provisions of the Constitution shall apply accordingly"¦ ( Gen Musharraf already had so called mandate from 2002 to 2007, where is new mandate now, how people can reject him if they are not happy with his past 5 year performance? Only fresh elections of assemblies can tell that. People will not elect those candidates who would vote for him and through this way there will be rejection of Gen. Musharraf. Gen. Musharraf and his comrades know this bitter fact very well and hence are playing all sorts of jugglery and dramas with the constitution) .
Describing Term of Office of President
(44-1) Subject to the Constitution, the President shall hold office for a term of five years from the day he enters upon his office
(44-2) Subject to the Constitution, a person holding office as President shall be eligible for re-election to that office, but no person shall hold that office for more than two consecutive terms
The Constitution of Pakistan clearly says the following
1) "Wherein the State shall exercise its powers and authority through the chosen representatives of the people; (Preamble) ( Snatching away the right of vote for the president through new assemblies violates this very fundamental principle of the Constitution)
2) Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed;"(Preamble ) (Not giving the right to the people to either re-elect or reject the president for a new and next terms clearly violates this fundamental principle of the Constitution.
3) ""¦ Wherein the independence if judiciary shall be fully secured " (Preamble) (every one has seen how the judiciary had been ridiculed on 10 th September, 2007)
4) "Dedicated to the preservation of democracy achieved by the unremitting struggle against oppression and tyranny;" (Preamble) (It is the duty of every citizen Pakistan to safeguard, defend and protect the Constitution of Pakistan)
5) "Inspired by the resolve to protect our national and political solidarity by creating an egalitarian society through a new order" (preamble) (We have to protect our national and political solidarity by upholding the constitution)
6) Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution. (Preamble) ( No dictator or Election Commission can be given power to undo and snatch away the constitution and law from people)
We must know from the Constitution that:
(25 "“ I) All citizens are equal before law and are entitled to equal protection of law (PART II: Fundamental Rights and Principles of Policy) (Tailor made deletions, modifications and insertions of clauses to please one particular person is absolutely unconstitutional and must be struck off)
To have mandate from on death bed comatose assemblies will mean No Election at all. It will defame Pakistan further and reflect the sham democracy and banana state status. Such cheating and deceptions are no moderation and enlightenment but rather utter darkness of ignorance and criminal status of mind which feels no pain and no shame in violating the lives and rights of common people.
We are supposed to have fresh elections every five years in which members of National & Provincial Assemblies are elected directly while President is elected indirectly through the newly elected assemblies. The people of Pakistan have a right like any other democratic country to evaluate the performance of the incumbent Government and then reject or re-elect the incumbent. Whether direct or indirect the elections must reflect the fresh mandate of people. To do otherwise would be depriving people from their basic right of election.
There is no hurry in holding Presidential Elections as these can be comfortably held prior to 15th December 2007 after elections of National and Provincial Assemblies. The Election Commission and Courts must protect the fundamental right of 16 crore Pakistanis to participate in new Presidential Elections for next term by re-election or rejecting the incumbent based on his previous 5 year performance. This can only happen if we hold elections of National and Provincial assemblies and then like Prime Minister, President can be elected through people with fresh and current mandate. Otherwise there is no need to hold elections every five years. Why not with one mandate rule for 100 years!!!! 2002 Assemblies mandate expires in 2007 and they can not be granted a mandate fro 10 years which would be absolutely unconstitutional in addition to being a total nonsense!
Those who are determined to bend and subvert the Constitutions are criminals and have no regard for people's rights. They have chosen to be the puppets of foreign powers hostile to our national and people's interest for pure selfish reason. The people of Pakistan will not and must not tolerate such lawlessness and denial of fundamental rights I request Election Commission of Pakistan to withdraw this illegal and unconstitutional notification immediately as it severely undermines its credibility to hold fair and free elections.
Truly;
Prof. (Dr.) Anwar Ul Haque
(Presidential Candidate against Gen. Musharraf waiting for Supreme Court's Decision)
116. St. 49 F 11/ 3
Islamabad 44000
Phone: 2294099, Cell: 03335129849
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