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WHEREAS there is visible ascendancy in the
activities of extremists and incidents of terrorist attacks,
including suicide bombing IED explosions, rockets firing and
bomb explosions and the banding together of some militant
groups have taken such activities to an unprecedented level
of violent intensity posing a grave threat to the life and
property of the citizens of Pakistan;
WHEREAS there has also been a spate of attacks on state infrastructure
and on law-enforcement agencies;
WHEREAS some members of the judiciary are working at cross
purposes with the executive and legislature in the fight against
terrorism and extremism, thereby weakening the government
and the nation's resolve and diluting the efficacy of its
actions to control this menace;
WHEREAS there has been increasing interference by some members
of the judiciary in government policy, adversely affecting
economic growth, in particular;
WHEREAS constant interference in executive functions, including
but not limited to the control of terrorist activity, economic
policy, price controls, downsizing of corporations and urban
planning, has weakened the writ of the government; the police
force has been completely demoralized and is fast losing its
efficacy to fight terrorism and intelligence agencies have
been thwarted in their activities and prevented from pursuing
terrorists;
WHEREAS some hard-core militants, extremists, terrorists
and suicide bombers, who were arrested and being investigated,
were ordered to be released. The persons so released have
subsequently been involved in heinous terrorist activities,
resulting in loss of human life and property. Militants across
the country have, thus, been encouraged while law-enforcement
agencies subdued;
WHEREAS some judges by overstepping the limits of judicial
authority taken over the executive and legislative functions;
WHEREAS the government is committed to the independency of
the judiciary and the rule of law and holds the superior judiciary
in high esteem, it is nonetheless of paramount importance
that the honourable judges confine the scope of their activity
to the judicial functions and not assume charge of administration;
WHEREAS an important constitutional institution, the Supreme
Judicial Council, has been made entirely irrelevant and non
est by a recent order and judges have, thus, made themselves
immune from inquiry into their conduct and put themselves
beyond accountability;
WHEREAS the humiliating treatment meted to government officials
by some members of the judiciary on a routine basis during
court proceedings has demoralized the civil bureaucracy and
senior government functionaries, to avoid being harassed,
prefer in action;
WHEREAS the law and order situation in the country as well
as the economy have been adversely affected and trichotomy
of powers eroded;
WHEREAS a situation has thus arisen where the government
of the country cannot carried on in accordance with the Constitution
and as the Constitution provides no solution for this situation,
there is no way out except through emergent and extraordinary
measures;
AND WHEREAS the situation has been reviewed in meetings with
the prime minister, governors of all four provinces, and with
Chairman of Joint Chiefs of the Armed Forces, Vice-Chief of
Army Staff and Corps Commanders of the Pakistan Army; NOW,
THEREFORE, in pursuance of the deliberations and decisions
of the said meetings, I, General Pervez Musharraf, Chief of
the Army Staff, proclaim Emergency throughout Pakistan.
2. I, hereby, order and proclaim that the Constitution of
the Islamic Republic of Pakistan shall remain in abeyance.
This Proclamation shall come into force at once.
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