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India-Pakistan
Pak Supreme Court asked to stop parleys with Taliban
2013-05-29
ISLAMABAD: The Supreme Court was petitioned on Tuesday for issuance of a declaration that no person, civil or military, can engage in any contact or negotiation with any private army (the Taliban), an act that is forbidden by Article 256.
...there's part of the problem: their Constitution has over 256 friggin' articles in it...
Freelance journalist Shahid Orakzai has filed the petition under Article 184(3) of the constitution, nominating as respondents the Joint Chiefs of Staff Committee through its chairman and Inter-Services Intelligence (ISI) director general. He requested the court to instruct the ISI DG to identify the persons who are in contact with the Taliban and their mode of communication. “Instruct respondent Chairman to preempt any contact/dialogue/negotiations on the territory of Pakistan between the enemy and any politico-religious person/party advocating peace with the enemy”, the applicant pleaded. He further said that respondent JCSC chairman should be instructed to call a meeting of the committee to identify the areas in Pakistan wherein the rebels are threatening the security of the country and report the action to be taken against them. Orakzai contended that the court needed to prevent any move against the constitution that might undermine the security of the country and the discipline of the armed forces of Pakistan.

“The court’s attention is called to the plight of the combatant soldier and his loosening grip on the trigger when he discovers that his blood is now a matter of bargain for the next prime minister of Pakistan. Some judges of this court (who were locked in their homes) may kindly recall their feeling towards their betraying colleagues who joined hands with the military president in November 2007. All betrayals stink alike,” Orakzai remarked.

He said that the armed forces had not lost any ground or territory to the rebels nor have they lost the will to fight, and the court could seek their view from JCSC chairman or any other officer mentioned in Article 243. “Having suffered loss of life, they are bewildered by the sudden U-turn in state policy on the war,” he noted. The petitioner also questioned whether the armed forces of Pakistan can propose a truce/ceasefire/end of hostilities to the enemy on the territory of Pakistan. “Whether the armed forces shall uphold the constitution as interpreted by the Supreme Court or by the federal government,” he added

Orakzai asked whether any citizen is empowered by the constitution to negotiate peace with a private army waging war on Pakistan. He contended that it was the duty of the court to ask why the armed forces of Pakistan were being compelled to raise a white flag and why was the national flag being pulled down only a few steps from victory. “This petition seeks an instant and immediate halt to the double-crossing move of some politico-religious elements to impose a disgraceful armistice, call it semi-surrender, on the bleeding armed forces of Pakistan. These elements are, in fact, seeking religious and moral victory for the Taliban rebels who literally stand divorced from the Islamic Republic.”

Orakzai said that Article 190 binds all executive and judicial authorities throughout the country to act in aid of this court, and likewise the court is duty-bound to come to the aid of the armed forces in this critical hour. All those who have taken oath under the constitution are bound to show solidarity with each other, he said. “This court shall appreciate the legal handicap of the armed forces who because of their discipline (as emphasised by Article 8) cannot themselves check the political moves aimed to defeat their constitutional duty.”
Posted by:Steve White

#1  their Constitution has over 256 friggin' articles in it...

Ours probably does too, but I'm not going to go count all the 'the's in it to find out.
Posted by: Glenmore   2013-05-29 08:55  

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