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November 6, 2007 Andy
Worthington November 5, 2007 Alexander
Cockburn Russell
Mokhiber David
Macaray Gary
Leupp Dave
Lindorff Ludwig
Watzal Patrick
Cockburn Peter
Stone Brown Michael
Simmons Website
of the Day
November 3 / 4, 2007 Tariq
Ali David
Price Jeffrey
St. Clair Alan
Farago Paul
Krassner Rannie
Amiri P.
Sainath Ayesha
Ijaza Khan Robert
Fantina Seth
Sandronsky Ron
Jacobs Ramzy
Baroud Heather
Gray
November 2, 2007 Dr.
Mary Pipher Saul
Landau Andy
Worthington Sharon
Smith Gary
Leupp Gregory
Harms Christopher
Brauchli Peter
Morici Dave
Lindorff David
Penner Website
of the Day
November 1, 2007 Paul
Craig Roberts Patrick
Cockburn Dave
Lindorff Jonathan
Feldman Mike
Ferner William
S. Lind Diana
Johnstone Jacob
Hornberger A..K.
Gupta Lyuba
Zarsky / Felice
Pace Website
of the Day
October 31, 2007 Bill
Quigley Rev.
William E. Alberts Ray
McGovern Eric
Walberg V.
G. Smith Luis
J. Rodriguez Sheldon
Richman Walter
Brasch Website
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David
Price M.
Shahid Alam Andy
Worthington Patrick
Cockburn Anthony
Papa Floyd
Rudmin Sherwood
Ross Website
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October 29, 2007 Lisa
Hajjar Joe
DeRaymond Patrick
Cockburn Isabella
Kenfield / Fred
Gardner Farzana
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November 6, 2007 Prescriptions for a CoupPakistan's Dark FutureBy LIAQUAT ALI KHAN On November 3, Pakistan delved into playing the Dark Future-a lawless game of alternate reality, a game in which the nation falls apart, the laws break down, and the players commit high crimes and misdemeanors to get ahead, to win. On this reckless day, Army Chief Pervez Musharraf, perhaps after receiving a signal from Washington D.C., proclaimed emergency throughout Pakistan and ordered that "the constitution shall remain in abeyance." Article 232 of the Pakistan constitution allows the President to issue a Proclamation of Emergency under grave circumstances. The November Proclamation, however, has been issued by Pervez Musharraf as the Army Chief, and not as the President. This legal twist empowers the Army Chief to exercise more authority than a constitutional Proclamation of Emergency would otherwise allow. The constitution does not authorize an Army Chief to declare emergency. Nor does the constitution allow a wholesale termination of services of Supreme Court judges. On its very face, therefore, the November Proclamation is incompatible with the constitution. It is by all means an extra-constitutional coup.
The coup specifically targets
Pakistan's judiciary. The judiciary, which was making a successful
transition toward independence, has been stopped in the tracks.
The Proclamation offers twelve reasons for the suspension of
the constitution. Six reasons lay blame on the judiciary, holding
the judges responsible for releasing terrorists, working at cross
purposes with the government, overstepping the limits of judicial
authority, and placing judges beyond accountability. These charges
against the Supreme Court, in the opinion of the nation's most
respected lawyers, are exaggerated and erroneous. The disestablishment of the judiciary will further deepen when lawyers boycott appearing before what they call "traitor judges." The lawyers are unlikely to boycott lower courts where ordinary cases are litigated. They will continue to seek relief for political workers who are unlawfully arrested. Some lawyers will continue to expose the abuses of power even in high courts. A permanent harm to the judiciary may be spared if judges are united in their resolve to oppose the Proclamation. Even judges who have taken the oath under the PCO can play an important role in limiting the lawlessness that the Musharraf regime may commence to enforce its writ.
Escalating terrorism is the other reason offered for suspending the constitution. The Proclamation highlights heinous terrorist activities, IED explosions, and suicide bombings that have bedeviled the government. These reasons are tendered to persuade Americans that a non-democratic regime in Pakistan is good for America. America understands that an unlawful government in Pakistan is a godsend for terrorists. Despite deceptive appearances of cooperation with the United States, Pakistani intelligence agencies team up with militants to inflict harm on American soldiers. A vast geographical area spanning through the four contiguous Muslim countries--Iraq, Iran, Afghanistan, and Pakistan-furnishes militants unlimited breathing space and logistical support for planning and executing reprisals. Frustrated American forces may now be allowed to openly attack militants inside Pakistan. This course of action however will be imprudent. It is totally understandable,
though morally discomforting, that the United States is using
Pakistan for its own national benefit. No Kantian imperative
dictates that American foreign policy must treat Pakistan as
an end in itself and not a means. Still, wiser heads in Washington
will refuse to destabilize Pakistan to win an elusive war on
terrorism. Time is ripe for America to support democracy in
Pakistan to win the hearts and minds of its population. Saving
Musharraf is a liability that the United States cannot afford.
Meanwhile, Pakistan abounds
with rumors and speculations that another military coup is imminent.
In the past sixty years, Pakistani army chiefs have staged revolutions
on the theory that the armed forces are highly disciplined in
that no mutiny raises head in ranks and files once the army chief
makes a decision to suspend the constitution. This theory may
not work this time since Musharraf has become a pariah both outside
and inside the armed forces. Things are worse inside the armed forces. Inside, Musharraf is viewed as a crass political operator. He is no longer a professional soldier. His uniform annoys the armed forces. It is no symbol of pride. It is a symptom of addiction to power. Furthermore, the armed forces resent ground realities. Soldiers have been placed in predicaments to kill innocent villagers. They surrender to the militants, saying brothers don't kill brothers. As world criticism mounts, lawyers boycott the courts, and confusion grips Islamabad, General Ashfaq Kiani, the designated army chief, will come under tremendous pressure to safeguard the honor of the armed forces and remove an ineffective addict from power. This coup may not be peaceful. Ali Khan is a professor of law at Washburn
University School of Law in Topeka, Kansas. This story is written
for his two sons, Harun and Kashif. He can be reached at: ali.khan@washburn.edu
STEPHEN GREEN reports on the real motivations behind Israel's MISSILE STRIKE on SYRIA. PETER MONTAGUE on the NUCLEAR RENAISSANCE or How the Nuke Industry is using Gore's Prize and Global Warming to Plot Its Big Comeback. WILLIAM BLUM on the DEVALUING of "ANTI-SEMITE" or How to Make a Term Meaningless. Get your copy today by subscribing online or calling 1-800-840-3683 Remember contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now ![]()
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