Wednesday, June 22, 2011

Misusing Article 14 and Article 19-A of the Constitution

It is extraordinary when people who otherwise have nothing to do with constitution and law use fundamental rights to forward their own narrow agenda. Article 19-A was introduced by the legislature through the 18th Amendment to create transparency in matters of public importance. Similarly Article 14 is a longstanding fundamental right promising dignity of life. Ironically Hafez Saeed- who does not believe in democracy or fundamental rights- has filed a petition through A K Dogar in the Lahore High Court.
Jamatud Dawa chief Hafiz Saeed has moved a constitutional petition in the Lahore High Court seeking implementation of a resolution unanimously passed by parliament against the US drone attacks in Pakistan.

Hafiz Saeed filed the petition on Tuesday through his counsel AK Dogar and also pleaded that the federal government might be directed to make public the ‘secret deals’ with the US as under Article 19-A of the Constitution every citizen of Pakistan had the right to have access to information.

The petitioner asked the court to declare that the pre-emptive strikes by foreign countries were not permitted by the international law, therefore, every man, woman and child had a right to be protected and a direction might be issued to the government in this regard.

He said the resolution passed by a joint session of the National Assembly on May 14, 2011 was the voice of people and needed to be implemented because to live in dignity like a respectable independent sovereign nation, the petitioner and every citizen of the country could not be forced to live like slaves and people having spoken through their parliament could invoke the provisions of Article 14 of the Constitution, seeking a declaration that to act against the voice of people amounted to violation of their fundamental rights.

He sought a court declaration that the federal government had acted against the general will, collective wisdom and obligation to exercise its powers and authority through its chosen representatives of people.

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