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Asian Tribune is published by World Institute For Asian Studies|Powered by WIAS Vol. 12 No. 2038

Revocation of PCO

By Adnan Gill

As 160 million Pakistanis held their breath in a hope for the politicians to restore the deposed Judiciary, the thirty day deadline, announced at the Muree Declaration, came and gone without even a whimper. Another deadline is promised for May 12 (no relation to the anniversary of the May 12, Karachi Carnage). Following the announcement of May 12 deadline, almost immediately, PPP leaders went into a frenzy casting serious doubts on honoring the alleged deadline.

They plead, drafting a resolution to restore the deposed Judiciary is an extremely complicated task, that requires formations of several comities of Constitutional experts and etc., which makes it impossible to set a definite date.

Considering the fact, these crises are holding virtually whole nation from returning back to the nation building; considering the enormous difficulties in the formation of a packing, perhaps the parliamentarians should consider dividing the so-called package into multiple bite size packages. For example, start with passing a restoration of judiciary package, then move on forming individual packages for the future of a working judiciary and drafting a constitutional package.

Since time is of the essence; this scribe has taken the liberty to put together a draft-Resolution that can address all of the complicated issues. It is done pro bono publico. Hopefully the politicians will save nation’s time and resources by adapting the draft-Resolution with minor modifications:

Revocation of Provisional Constitution Order No. 1 of 2007 and all Amendments and Orders Thereafter (Draft Version)

May 12, 2008

An order to provide for the revocation of Proclamation of Provisional Constitution Order No. 1of 2007:

Whereas it is expedient to withdraw the Provisional Constitution Order No. 1 dated November 3, 2007 and Amended November 15, 2007 and President's Constitution (Amendment) Order No. 5 of 2007 Issued on November 15, 2007 and Oath of Office (Judges) Order of November 3, 2007 and President's Constitution (Second Amendment) Order No. 6 of 2007 Issued on December 14, 2007 and President's Islamabad High Court (Establishment) Order No. 7 of 2007 Issued on December 14, 2007 and Revocation of Proclamation of Emergency Order of December 15, 2007 to revive the Constitution and for the matters ancillary thereto;

Now, Therefore, in pursuant of the Provisional Constitution Order No. 1 of 2007 and in exercise of all powers enabling it in this behalf the Parliament is pleased to make the following Order:-

1. Short title and commencement-

(1) This Order may be called the Revocation of Provisional Constitution Order of 2007.

(2) It shall come into force on the 12th day of May, 2008.

2. Revocation of Provisional Constitution Order No. 1 of 2007-

The Proclamation of Provisional Constitution Order No. 1 issued on the 3rd day of November 2007, and all of the Amendments and all Orders shall stand revoked on and with effect from the 12th day of May, 2008.

3. Repeal of Provisional Constitution Order:

The Provisional Constitution Order of 2O07 along with all of the Amendments and all Orders thereafter shall stand repealed on and with effect from 12th day of May, 2008.

4. Revival of Constitution:

(1) The Constitution as amended by the Constitution (Amendment) Order 2007 (P.O.No 5 of 2007) and the Constitution (Second Amendment) Order, 2007, shall stand repealed on, and with effect from the 12th day of May, 2008, upon the revocation of Proclamation of Provisional Constitution Order of the 3rd day of November, 2007 and repeal of the Provisional Constitution Order No.l of 2007 and repeal of all of the Amendments and all Orders thereafter.

(2) The Chief Justice of Pakistan and Judges of the Supreme Court, the Chief Justice and the Judges of The Federal Shariat Court and Chief Justice and the Judges of the High Courts holding office on the 3rd day of November, 2007 shall take oath under the revived Constitution in the form, set out before the Proclamation of Emergency October 14, 1999 and Provisional Constitution Order No. 1 of 1999 Issued on October 15, 1999.

5. Effect of Revocation Provisional Constitution Order No.l of 2007:-

(1) Notwithstanding anything contained in the Constitution or any other law for the time being in force, the revocation of the Proclamation of Provisional Constitution Order No.l of 3rd day of November 2007 shall invalidate, nullify or render ineffective any order passed or action taken under the Proclamation of Provisional Constitution Order No.l, and the Oath of Office (Judges) Order 2007 as upheld by the Supreme Court of Pakistan in CP No. 87 and 88 of 2007 dated 23-11-2007 nor shall the said revocation or repeal revive anything in force or existing at the time of the revocation or repeal or affect the previous operation of any law or anything done or purported to or suffered to have been done under the Provisional Constitutional Order and the Oath of Office {Judges} Order 20O7 and all such acts and actions shall be deemed to have been invalidly and illegally done notwithstanding anything contained in the Provisional Constitutional Order and the Oath of Office {Judges} Order 20O7 or any other law for the time being in force.

(2) The revocation of the Provisional Constitution Order No. 1 shall affect any right, privilege, obligation or liability acquired, accrued or incurred under the Provisional Constitution Order and the Oath of Office (Judges) Order 2007.

6. Order to override other laws and removal of difficulty:-

(1) The provisions of this Order shall have effect withstanding anything contained in the Constitution for the time being in force.

(2) If any difficulty arises in giving effect to any of the provisions of this Order, the Parliament may make such provisions and pass such orders as it may deem fit.

(3) The validity of any provision made or orders passed under clause (1) and (2), can be called in question by the Supreme Court, Federal Shariat Court, High Court, any forum or authority, on any ground whatsoever.

Parliament of that Islamic Republic of Pakistan

Note: it will be exciting to see what excuse the politicians will come up with to drag their feet and from holding the entire nation hostage as they spar with each other over taking credit and sneaking in their own little agendas to meet their own selfish ends.

- Asian Tribune -

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