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The Constitution is a man made document designed to facilitate
governance. The objective of a written constitution is to protect the
state not to destroy it. It gives a general guidelines to decide the
rules of the government. But it is humanly impossible to write every
threat, scenario and possibility which a dynamic country or nation faces
during its civilizational life cycle. Britain does not have a written
constitution but they follow tradition, needs of the time and
requirements of national security to make new laws and do what is needed
to protect their interest.
Nations which are born free always
use their wise judgement to carve out new laws and policies from the
established principles. In our deen also, we have "Ijtihad" and "Ijmaa"
to find new responses to new challenges. The mullahs in deen always
resist Ijtihad as they are close minded bigots. Similarly, the political
"mullahs" always resist interpretation of Constitution which hurts
their vested interests.
Today, Pakistan faces a similar
crises. Constitution had never envisioned such a treacherous President
and PM and political government, which have taken power illegally
violating every constitutional clause and law.
Constitution
says no one can come into the parliament if they violate article 62,63
of the constitution. But what to do if this regime has come gate
crashing through the NRO? This entire government is illegitimate,
illegal and immoral.
Constitution says the President must
appoint the caretaker government. But the Constitution does not say how
to appoint the caretaker if the President is the traitor writing Memo to
foreign powers to destroy the country?
Constitution says
caretakers must hold elections within 90 days. But the constitution does
not says what to do if the country is under 4thGW and on the brink of
NATO/US/Indian invasion. Elections will destroy the country but the
constitution has no idea of the threats and wars imposed on the country.
Constitution says that Judiciary must decide cases of
terrorism but the constitution is silent on what to do if the judiciary
does not hang a single terrorist in the last 11 years despite the
country being in the state of war. Chief justice does not allow the
army to make military courts but himself is silent why his own
constitutional courts are breaking the constitution by not doing their
duty?
This is the crisis the country face today. We do not
have to follow the constitution in letter in spirit if it does not have
answers to the present challenges. We need Ijtihad in the constitution
to respond to the present challenges. Supreme Court must not act as
"constitutional Mullah" but should do a dynamic ijtihad and
interpretations to respond to the threats Pakistan is facing. CJ and the
SC are not defense and security analysts. They must take advice from
army to interpret the Constitution in the light of threats we face
today.
Army and Supreme court must restore order first before
any elections, else following the constitution would destroy the
country. President cannot be trusted to select caretakers. Army/Supreme
court must do it else its anarchy!
To hell with demon-cracy if
it brings such corrupt traitors. The whole system is illegal. We want
security and defense of Pakistan and a strong patriotic government. The
present Constitution does NOT have answers. In that case, SC and army
must do what is right, not what is written in the man made law.
By Defense expert - Zaid HamidPakistan Cyber Force
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