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Bismillah
Assalamu Alaikum: Peace Be With You

Constitutional Crisis
Central Working Committee Resolution
(November 3, 1997)


Central Working Committee of Jamaat-e-Islami Pakistan expresses deep concern over the fruitless attempts of Prime Minister Nawaz Sharif to cause a constitutional crisis of proportions unprecedented in the history of Pakistan by trying to curtail the constitutional powers of the Higher Courts.

Although, as a result of the Government's renunciation of its wrong stand and the appointment of judges, according to the decision of the Supreme Court, the confrontation has temporarily calmed, but it would not be correct to deduce that the nation has been spared the constitutional crisis that it faces. The number of judges and their promotions was only one item in a long list of unsolved problems, other problems of national importance yet await a satisfactory solution.

In our opinion, the Supreme Court, while deciding the routine cases, should also give a clear ruling on whether the Parliament has the authority and sanction to carry out such legislation, which not only conflicts with the overall spirit of the Constitution, but is also contrary to its other basic clauses. If the Parliament can do so, then, was the Supreme Court empowered to revoke such legislation? If the answer is in the affirmative, then the Court's rulings, regarding the 13th and 14th Amendments made in the Constitution, and those concerning the Special Courts for Speedy Trials, are also imperative.

The required criteria of candidates, according to Articles 62 and 63 of the Constitution was not observed during the elections of February '97. That is why, in spite of having a large majority, the present government is deliberately neglecting its primary and most important duty, of enforcing accountability. The Government and Opposition are co-conspirators in this respect. The Supreme Court had upheld the Presidential decision of dismissing the previous government and dissolving the National Assembly, on the serious charge of corruption. Under such circumstances, only the Supreme Court would be expected to initiate the accountability of corrupt members of the National Assembly.

Working Committee expresses its concern that, instead of working towards the solution of problems, the present government has given the people only the "gifts" as mass hunger, high prices, unemployment, unrest, lawlessness, blood-letting, sectarianism and corruption. Thousands of persons are being kicked out of their jobs. National banks are being sold out, whereas foreign banks are flourishing. The Government is bent on bankrupting the country by selling vital national assets.

Obscenity is being spread throughout the country under the guise of tourism and population planning. Sensitive institutions are being sold to unknown foreigners through non-transparent process of privatization. In the opinion of this Committee, the tendency of the government to obtain foreign loans against acceptance of terms contrary to the interests of the country is posed a danger for the independence, sovereignty and integrity of the country. Retrenchments and denationalization are also being carried out on the instigation of foreign moneylenders. Apart from this, the government's recent record devaluation of the currency, [8.71%] reverting from its solemn pledge not to do so, was also announced on their directives, resulting in an increased burden of foreign loans while putting the national industry and economy into jeopardy.

The Working Committee expresses its deep concern about the governmental policy of normalizing relations with India, without coming up with a solution of the Kashmir issue. By declaring the Kashmir issue as only one of the eight problems that need to be resolved with India, Prime Minister Nawaz Sharif was deviating from Pakistan's historical and basic policy. Contradictorily, when the ex-premier Benazir Bhutto had tried to establish friendly relations with Rajiv Gandhi, Mian Nawaz Sharif had declared such an act as being akin to high treason.

The Working Committee vehemently denounces the interview given by the Prime Minister to the Indian journalist Kuldip Nayyar, in which Nawaz Sharif claims that he had won the last election on the slogan of establishing friendly relations with India, and that is why he has the mandate of establishing friendly relations with India. It may be noted that this interview also appeared in the Pakistani newspapers, and the statement was neither denied nor clarified by the Government of Pakistan.

In addition to this, it appears from various circumstances that Mian Nawaz Sharif has succumbed to American pressurization and has agreed to freeze, and even open for inspection, Pakistan's nuclear program. In a similar manner, recognizing Israel and signing the CTBT were also talked about.

The Working Committee also expresses its apprehensions regarding the plans of the present government, to make Pakistan a secular state. Cancellation of Friday as the weekly holiday, was the first step in this direction. A propaganda campaign has now been launched against religious leaders, parties and their educational institutions. Lawlessness and killing in the country is attributed to religious scholars. It is being said that religious institutions are the strongholds of terrorists. Use of loudspeakers to address the congregations at the Friday Prayers has been banned. Islamic parties and their leaders are being told, not to make the "mistake" of indulging in politics. After the killing of students of a religious institution in Multan, the heinous assassination of well known religious scholars in Karachi is a clear reflection of the government's incompetence. Having being alienated from religion the younger generation is given up to the devil, through radio and TV.

The Working Committee calls the attention of the Government to review its overall attitude, otherwise, a much more shameful defeat awaits it at the hands of public, than the retreat and defeat it has had to face, in its conflict with the judiciary. The nation's religious and political parties and its masses who have heart felt love for Islam and Pakistan, will under no circumstances allow any harm to come to the nation's ideological identity. If Prime Minister Nawaz Sharif did not reform his conduct, then an agitation, will soon spring up against him throughout the country, which will not be possible for anyone to face.

The Secretary General
Mansura, Multan Road, Lahore, Pakistan.
Ph: 92-42-5419520-4 Fax: 92-42-5419505
Email: info@jamaat.org

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