Additionally, it would be germane to state that the Order was not deliberated by the Parliament. Rather, the Parliament that came into existence after the General Elections provided indemnity to the Order along with a myriad of other laws promulgated by the Chief Executive.
Juxtaposed with the aforementioned Order, the Act was passed after considerable debate and deliberation. Section of the said bill excluded the proviso to section 5 of the erstwhile Order. Hence, section of the Act was simply a reproduction of section of the Bill presented on 20th December The decision to exclude the proviso to section 5, therefore, predates the disqualification of Mian Muhammad Nawaz Sharif. The decision to exclude the proviso marks a vindication of the democratic project, whereby laws defaced during dictatorial regimes are improved so as to advance the fundamental rights of citizens.
To hold that the exclusion of the proviso does not change the scope of section of the Act perpetuates a person-specific law promulgated during an undemocratic regime. Moreover, the judgment also significantly curtails the right to join a political party, as enshrined in Article 17 2 on the basis of the aforesaid proviso. The very conception of a fundamental right is that it being a right being guaranteed by the Constitution cannot be taken away by the law, and it is not only technically inartistic but a fraud on the citizens for the makers of the Constitution to say that a right is fundamental but that it may be taken away by the law.
The judgment in Zulfiqar Ahmed Bhutta v Federation of Pakistan marks an important point in the legal history of Pakistan. By holding that the right to join or form a political party is also subject to restrictions not expressly enunciated therein, the Court may have paved the way for the State to trample upon the rights of the citizens.
Furthermore, perpetuating a law promulgated to artificially amputate unwanted elements from the body politic during dictatorial rule jeopardizes the organic evolution of the political process. Fundamental rights are not static but are pregnant with vitality to address the complexities of modern democracies. The unwritten constitutional nuances, the invisible meanings lurking under the written text of our Constitution make it an evergreen, living document.
Right to form or be a member of a political party is not limited to the clerical formation of a political party but instead carries within it the right of a political party to be able to actively participate in the political life of the country, to be able to freely profess and propagate its political ideology. Search form Search. Toggle navigation Navigation. Editor's note. A Note from the Editors. Case notes. Legislative Reviews. Book Reviews. Mirza Moiz Baig.
He was prancing and clapping in a group. As soon as he saw me he melted away. Next morning, he showed up late for work at our house. I charged him for absenting and lying that he was ill. He was sitting on his haunches while swabbing the floor.
He went on to say in a sonorous voice that Bhutto had promised the ghareeb poor and mazdoor workers of the nation with, "roti, kapra aur makkhan! I laughed aloud and corrected him by saying ,"Arey bewakuf, makkhan nahin, makan! Suddenly, an otherwise shy and submissive Masih stood up rag in hand, eye-balled me and said audaciously," tera ye makan ek din hamara hoga" one day this house of yours will be mine.
I was young and became speechless with shock and anger. I exploded and told him, " Abhey, geedar ke bacche tussi foren ye kamre se nikal toh sahi" why you son of a jackal, you get out of this room immediately. Murmuring with down cast eyes he obliged and left the room. I recall being upset for days from this unexpected incident. In hindsight, this pseudo-socialist, populist image assiduously cultivated by Bhutto in a well entrenched feudal society will perhaps remain his abiding legacy in the political culture of Pakistan.
Nobody else before him had ever spoken to the poor people in the then West Pakistan like him. How much of it he really meant, and how much of it was for self-aggrandizement or cheap popularity, is best left for posterity to judge? Bhutto's rise to power and prominence was as meteoric as was his downfall. In the end his former 'monkey general' turned military President, Zia-ul-Haq, would hang him in , in a controversial court judgment for an alleged murder charge.
Initially, Zia's coup in , looked curiously like an apologetic one. I was in the US when it happened. The leading American newspapers were regularly reporting on Pakistan, sometimes with photographs of Bhutto and Zia together. One such photo showed Zia visiting Bhutto in Murree, where he was kept comfortably under house arrest. It showed Zia in army uniform seated somewhat in an obsequious manner across from a scowling Bhutto, who appeared to be visibly upset.
In the beginning Zia allowed a regular supply of newspapers, magazines, books and even the choicest of hard drinks for Bhutto.
However, Bhutto's arrogance and diatribes against Zia in his presence gradually convinced him that if a vindictive Bhutto ever managed to get free through legal means then he Zia would be in deep trouble. He, therefore, hardening his stance. Still out of power and on bail, a belligerent Bhutto had the temerity to threaten Zia with dire consequences for staging a coup against him, and upbraid him publicly.
He could still draw record crowds at rallies with his popularity and charisma. It alarmed Zia. Thus, Zia realized that it would be risky to hold an election, he had earlier hinted at. If Bhutto ever won it, then his neck would be on the line! So, he had Bhutto rearrested again. Meanwhile, Zia tactfully released Yahya conditionally from house arrest, with a request to him to implicate Bhutto as the main culprit responsible for precipitating the political crisis, leading to the army action in March , in East Pakistan.
Yahya meekly complied. That was exactly what Zia wanted and as a special gesture, allowed Yahya to proceed to USA for treatment of his heart ailment. With Yahya's tacit confession of Bhutto's full complicity in , his fate was further sealed. Moreover, a western journalist has written a very telling book, where he clearly mentions that the Americans too, wanted a non compliant and unmanageable Bhutto out of the way.
They were very upset with him when he clandestinely acquired nuclear capability. Actually, the impetuous Bhutto had been causing annoyance to the Americans for a quite awhile. Early on, as Ayub's powerful foreign minister his initial coziness with the Soviets and later on with the Chinese, did not sit well with the American oligarchy.
And, after he became the all powerful Prime Minister of Pakistan in , following the military debacle and creation of Bangladesh, he had again rubbed the Americans the wrong way by secretly embarking upon a nuclear program, thereby encouraging nuclear proliferation in the developing world. Search review text. Displaying 1 - 15 of 15 reviews. This book was written in the death cell,with the paper on his knees. Bhutto writes about relying on sheer will power to complete it and becoming giddy with exhaustion in the process.
He was on trial for ordering a murder. It remains debatable whether he was guilty or not. He was not soft on his political opponents. However,the trial was blatantly partial and it was obvious from the beginning that he was not going to be reprieved. General Zia ul Haq,who had deposed him,knew that Bhutto presented a threat to his own survival. Bhutto had threatened that Zia had committed "treason" according to the constitution by suspending it and overthrowing an elected government.
If Bhutto had come back to power,Zia would face the consequences. Zia's government had produced a series of "White Papers" regarding Bhutto's alleged electoral rigging and his murder trial. As Bhutto writes,part of the trial was conducted in closed court and he was brutally insulted,repeatedly told to "shut up" by a judge,who he says held a previous grudge against him.
This book is Bhutto's response to those White Papers,rebutting the allegations against him. It is a rambling account,sometimes over stating his defence,and sometimes over simplifying it. It also includes a range of issues,his own achievements,his life,his impressions of generals and world leaders etc.
The manuscript was smuggled out of prison and was published in India,as there was no question of getting it published in Pakistan during the Zia era. Bhutto did have a messiah complex as he writes,"I was not born to mount the gallows. I was born to save a nation from impending doom. In his view,one of the reasons for his overthrow was that the US was not happy with his decision to acquire a nuclear reprocessing plant from France.
He directs a lot of criticism at General Zia,whom he had promoted out of turn to become army chief. He also has plenty to say about former military dictators,Ayub Khan and Yahya Khan. About Ayub he writes that Ayub had seriously considered a proposal to establish a hereditary monarchy in Pakistan. Then,he talks about international affairs,his favourite subject and Pakistan's geo strategic environment.
He also defends himself against allegations of corruption and presents a clean image of himself. It is ironic that later,his daughter Benazir and her husband Asif Zardari became synoymous with corruption.
Bhutto was no angel,he had made plenty of blunders of his own and taken stern action against his political opponents. But the way Zia treated him was even worse. Bhutto had great charisma,he was hanged at just The manner of his death made him a larger than life figure,and to his followers,a martyr. However,at the time he was hanged,Zia was totally in control.
Bhutto was buried quietly. This book is rather touching,given the circumstances in which it was written. Can be downloaded from : sanipanhwar. Mehwish Mughal. I cannot call this a book because it is not. It was a response to the pages of white lies also known as white papers issued out to frame the shaheed Zulfikar Ali Bhutto to his death.
It was a response to the allegations made against him which resulted in overthrowing his Government, suspending the constitution and imposing draconian martial law. It was an appeal for humanity written from a death cell. It was written with fierceness and fearlessness but at no point demonstrated a lack of high intellect.
He constantly referred to history and literature with the sophistication and mannerism of a scholar. Do you understand? But the group that says it does not trust Mr. Zardari has much the same thing to say about Mr. Mirza, who together with others close to Mr. Zardari had taken control of the party.
Again, Mr. Mirza could be trying to get Mr. The young man has been persuaded - many say unwisely - to return to Pakistan and run the party. Unconfirmed reports say, he is being treated for clinical depression and is deeply unhappy, knowing that his father only needs him to flaunt the Bhutto name, which has some currency within Sindh province, but no longer has the pan-Pakistani support it once enjoyed.
Sceptics say massive rigging did the trick in It may not work again. Questions over what Mr. Mirza was under pressure to retract his charges. Who killed Murtaza Bhutto? Who killed Benazir? Will we ever know? What does Zulfiqar Mirza know that he is not telling us? Heightening the sense of intrigue and backroom manoeuvres, an insider sent me photographs that were in the possession of Benazir Bhutto, and have never been made public thus far. Police reports at the time said, that Mir had been waved down by a police party as he was returning home from a political rally and had jumped out of his car and confronted the police, challenging them to shoot him; Which they did, at close range.
Eyewitnesses at the scene say the police cordoned off the area for almost three hours, refusing to allow anyone to go in or out, stopping Murtaza's wife Ghinva and his daughter Fathima, then 11, from coming out of their home, and threatening anyone who arrived on the scene, saying they would be shot if they tried to move him. In the pictures, Mir is just outside the frame.
Mir was taken to hospital only after his life had all but ebbed away, dying on the operating table that night, his daughter Fathima, then barely 11, and his second wife Ghinwa, left distraught, knowing they could do nothing. The official version is that she was killed by a suicide bomber from the Tehrik Taliban Pakistan.
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