NA session to change character of Pakistan’s politics

One of the greatest French novelists and philosophers of the 19th century had said of Waterloo that “Waterloo was not a battle; it was the change of front of the Universe.” The beginning of Monday’s session of the new National Assembly is surely going to be ‘Waterloo’ for someone as it is going to change the content and character of Pakistan’s polity, maybe for ever.’ What a pleasant scene it would be when Nawaz Sharif, Asif Zardari, Asfandyar Wali, Fazalur Rehman, and others of their creed and their followers would enter the Parliament House on Monday holding each other’s hand to give expression and realisation of the nation’s dreams. Nawaz is back to challenge his old enemy, General Musharraf, in a decisive battle. Analysts say that Nawaz is strong–politically, strategically and morally today–while Musharraf has been weakened beyond repair during the past one year. In his ‘arsenal’, Nawaz has the full support of the ‘legal’ fraternity, and has allied himself with the other major parties, like PPP, and ANP.
Musharraf is no more Chief of Army Staff, the sole source of his strength. His political allies are in disarray and disunited. However, he has full support of the present judiciary headed by Chief Justice Abdul Hameed Dogar, who has already validated all his actions.
In its judgement, which holds the field today, the court said: In our view, the Ordinances promulgated and legislative measures taken by the President, or as the case may be, by the Governor, which were in force at the time of, or during the period for which the Proclamation of Emergency of 3rd November, 2007 held the field, would continue to be in force by virtue of the Provisional Constitution Order, 2007, read with Article 270AAA(3) of the Constitution, until altered, repealed or amended by the appropriate legislature. There would be no question of expiry of these Ordinances in terms of Article 89(2), or as the case may be, under Article 128(2) of the Constitution.
The court further said that “the present dispensation attracts the provisions of Article 264 of the Constitution, which, inter alia, says:- “Where a law is repealed, or is deemed to have been repealed, by, under, or by virtue of the Constitution, the repeal shall not, except as otherwise provided in the Constitution, -
(a) revive anything not in force or existing at the time at which the repeal takes effect;
(b) affect the previous operation of the law or anything duly done or suffered under the law;” “We, therefore, reaffirm, uphold and validate the action taken by the respondent No 2 (President/Chief of Army Staff) under the Oath of Office (Judges) Order, 2007 in the light of the law laid down in Zafar Ali Shah’s case.” Analysts say that as per this judgement, the President does not need validity of his action by the Parliament with two-thirds parliament majority vote. On the contrary, it is the coalition government which would need two-thirds majority to bring about any change in the actions taken under the PCO or proclamation of Emergency. Analysts emphasise that no government can overlook the daily reeking blood, overcrowded cemeteries and weeping mothers and continue the system or arrangement which caused this catastrophe all over the country.