Article 4.

Article 4 envisages two categories of persons who are entitled to right to be dealt with in accordance with law: One, citizen of Pakistan: wherever he may be (whether in Pakistan or abroad) and, second, every person: for the time being in Pakistan (only in Pakistan, may not be while he is outside of Pakistan).

Any public functionary or person taking any action affecting the life, liberty, body, property or reputation of a person, must rely on some law to justify his action.

  • Thus a policeman or jailer must be equipped with legal authority to arrest/imprison a person or,
  • a person who interferes with another person’s right to carry on his trade, profession or business with a legal power to regulate or stop such activity.
  • Similarly a person requiring another person to do something e.g. a jailer requiring a prisoner to work must have the legal authority to compel the prisoner to do the particular act.

Constitution in unambiguous terms has provided protection to life, liberty, body, reputation and property of every citizen……. Every citizen has the right to do whatever he likes provided it is not prohibited by law. Where an interview of the petitioner was voluntary, telecasting the same would not violate the guarantees granted to citizens in terms of article 4. Petition for restraining the television corporation from telecasting his voluntary interview being devoid of merits was dismissed. (1988 CLC 545)

The word “law” is not defined by the article. However, it includes: Statute, Customs to the extent they are recognized by statute, International law as adopted by conventions and incorporated in the domestic system and Judge made law as settled by superior judiciary in the exercise of its judicial and quasi judicial powers. (1983 PCr. LJ 2182)

Word “law” used in article 4, 8 and 260(3) is confined to positive law and such Islamic laws as made applicable by positive law. Argument that “law” includes Islamic Law can be rebutted by reading article 4 jointly with articles 227-30 of the Constitution. (PLD 1975 SC 66)

Exercise of discretion

Discretion is to be exercised in just, fair and proper manner. Concept of absolute discretion does not exist in law as it is incompatible with the guaranties provided in Art 4. (2003 PLC (C.S) 1161 (b)

Article 5.

Article 5 of the Constitution of Pakistan can be divided into two parts:

Loyalty to the State : Constitution of Pakistan demands loyalty to the State from every citizen of Pakistan.

Obedience to Constitution and Law: Obedience to the Constitution is demanded from every citizen wherever he may be and every other person while in Pakistan.

The article gives a Constitutional sanction to the punishment of acts of disloyalty to the State which are punishable by ordinary law.

First duty of citizens is loyalty to the State and if a person commits any offence, then he is not entitled to the protection of fundamental rights and is liable to be prosecuted and dealt with in accordance with the law enforced for the purpose. (PLD 2005 Lah 721 a)

It is the duty of each and every citizen to act in accordance with the law. If a citizen which includes a person performing functions in connection with the affairs of the State does not obey the Constitutional command, then he is not performing his obligations imposed by the Constitution. High Court can oblige him to perform his duty under the Constitution. (1997 CLC 1379)

Article 6.

Abrogation and Subversion, Suspension, Hold in Abeyance and Unconstitutional, meaning of

According to Black’s Law Dictionary, abrogate means to annul, cancel, revoke, repeal or destroy while Subversion means overthrowing or destroying .

The real distinction between the abrogation and subversion is difficult to discover; perhaps there is none, because the overthrowing of the constitution is the same thing as its annulment.

Suspend means to temporarily delay, interrupt or terminate while Hold in abeyance means to adjourn, delay, defer postpone or retard.

Unconstitutional means not in accordance with a political constitution or with procedural rules. Its legal definition is some act contrary to or in conflict with the constitution. 

Clause (1) of Article 6 of the Constitution defines what constitutes offence of high treason, while its Clause (2) describes the liability of a person who aids and abets the offence described in Article 6(1). Thus Article 6 is attracted not only when the Constitution is abrogated or subverted or suspended or held in abeyance, but also when an attempt is made or conspiracy is hatched to abrogate, subvert or suspend it.

The words aiding or abetting appearing in Clause (2) of Article 6 are not defined in the Constitution, therefore the Court can resort to the definition of these terms contained in Pakistan Penal Code (PPC). Section 107 of Pakistan Penal Code (PPC).

Considering the act of high treason as an act of extreme unconstitutional crime, sub-article/clause 2A to article 6 of the Constitution of Islamic Republic of Pakistan, 1973, has been introduced vide 18th amendment Act, 2010, which reads “an act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.]” This amendment introduced, although, after the crime was committed by the accused, reflects that the offence of high treason is an unpardonable act, not even condonable by the top most Courts of the country and article 6 is the only safeguard within the constitution to deal with an offender who challenges or attempts to challenge the boundary of social contract between citizens and the State. Special Court detail judgment in the High Treason Case against General Musharraf, December, 2019.

The documents clearly demonstrate the guilt in the part of the accused. It proves beyond the a shadow of reasonable doubt all the charges of High Treason leveled against him by the State…. We find the accused guilty as per charge. The convict be therefore hanged by his neck till he dies on each account as per charge. (para 65, page 66)

Concluding the case, the Special Court, held that:

“We, with the majority of 02 as to 01 allow the complaint and hold the accused guilty of the high treason as defined at article 6 of the Constitution and pass punishment under s.2 High Treason (Punishment) Act, 1973, thus Convict be hanged by his neck till he is dead.”

Order of the Special Court in High Treason Case against General Musharraf

However, the judgment of the Special Court was set aside by the Lahore High Court declaring it to be unconstitutional on the ground, inter se, that the process of filing the complaint as well as the formation of the Special Court was not in accordance with the law i.e. these were not approved by the federal cabinet.

Appeals against the judgment of Lahore High Court setting aside the decision of Special Court in the high treason case are pending before the Supreme Court of Pakistan.

Give your valuable feedback about this post in the comment section below, please.

162 COMMENTS

  1. 78943 49043Whoa! This blog looks just like my old one! It is on a totally different topic but it has pretty much exactly the same layout and style. Outstanding choice of colors! 656417

  2. 205329 447460Following study a couple of with the weblog articles for your website now, and that i genuinely like your method of blogging. I bookmarked it to my bookmark site list and are checking back soon. Pls consider my internet website too and inform me what you consider. 292393

  3. 91502 755981Satisfying posting. It would appear that a lot of the stages are depending upon the originality aspect. Its a funny thing about life in case you refuse to accept anything but the top, you extremely often get it. by W. Somerset Maugham.. 644455

  4. I do not even know how I ended up here, but I thought this post was good.
    I do not know who you are but certainly you are going to a famous blogger if you aren’t
    already 😉 Cheers!

  5. I think that is among the so much significant information for me.And i’m glad reading your article. But wanna statement on some common things, The website taste is perfect, the articlesis in reality great : D. Just right activity, cheers

  6. Right here is the right webpage for anybody who really wants to find out about this topic.
    You understand a whole lot its almost hard to argue with
    you (not that I personally will need to…HaHa). You definitely put a
    fresh spin on a subject that’s been written about for years.
    Excellent stuff, just wonderful!

  7. Seu blog tem muita qualidade, coisa que não acho em outrosblogs, as informações, existentes em outros páginas web não apresentam estas coisas completas que consegui ler aqui.Parabéns.

  8. Hi my loved one! I want to say that thisarticle is amazing, nice written and include almost all important infos.I’d like to look extra posts like this .

  9. I think that what you typed was actually very logical.
    However, what about this? what if you added a little information? I ain’t suggesting your
    content is not good., however suppose you added a title that makes
    people want more? I mean Constitution of Pakistan, Part I, Introductory (ii) | Legal Affairs is
    a little plain. You should look at Yahoo’s home page and note how they
    write news titles to get viewers interested. You might add a video or a related picture or two
    to grab readers excited about what you’ve written. In my opinion, it would bring
    your blog a little livelier.

  10. We’re a group of volunteers and opening a new scheme in our community.Your site provided us with valuable info to work on. You’ve done a formidable job and our whole community will be thankful to you.

  11. Greetings from Los angeles! I’m bored at work so I decided to check out your site on my iphone during lunch break.
    I really like the info you provide here and can’t wait to take a
    look when I get home. I’m shocked at how quick your blog loaded on my cell phone ..
    I’m not even using WIFI, just 3G .. Anyways, excellent blog!

  12. Wonderful site you have here but I was wondering if youknew of any discussion boards that cover the sametopics talked about in this article? I’d really liketo be a part of group where I can get advice from other experienced people thatshare the same interest. If you have any suggestions, please let me know.Thanks a lot!

  13. hi!,I love your writing so much! share we communicate
    more approximately your article on AOL? I
    need a specialist on this house to solve my problem.
    May be that’s you! Looking ahead to peer
    you.

  14. Hi! I could have sworn I’ve been to this website before but after checking through some of the post I realized it’s new to me.Nonetheless, I’m definitely delighted I foundit and I’ll be bookmarking and checking back frequently!

  15. Hello! Quick question that’s completely off topic.
    Do you know how to make your site mobile friendly?

    My weblog looks weird when browsing from my iphone4.
    I’m trying to find a theme or plugin that might be able to
    correct this problem. If you have any recommendations, please share.
    Cheers!

  16. I do not know whether it’s just me or if perhaps everybody else encountering problems with your website.
    It looks like some of the written text in your posts are
    running off the screen. Can someone else please provide feedback and let me
    know if this is happening to them too? This may be
    a issue with my web browser because I’ve had this happen before.

    Kudos

  17. Every weekend i used to go to see this website, for the reason that i wish for enjoyment, for the reason that this this web siteconations in fact fastidious funny information too.

  18. Hello there! I know this is kind of off topic but
    I was wondering if you knew where I could find a captcha plugin for my comment form?

    I’m using the same blog platform as yours and I’m having
    problems finding one? Thanks a lot!

  19. When I initially commented I clicked the “Notify me when new comments are added”
    checkbox and now each time a comment is added I get four e-mails with the same comment.
    Is there any way you can remove me from that service?

    Thanks!

  20. 591844 67286Spot lets start function on this write-up, I in fact believe this remarkable web site requirements considerably more consideration. Ill apt to be once once more to read a fantastic deal a lot more, many thanks for that info. 416738

  21. 726061 368005magnificent submit, quite informative. I ponder why the opposite experts of this sector dont realize this. You must proceed your writing. Im confident, youve a fantastic readers base already! 717097

  22. 33438 730699Hi! I discovered your website accidentally today, but am really pleased that we did! Its not only entertaining, but in addition straightforward to make use of in contrast to lots that Ive viewed! 860662

  23. 668362 320847Its really a cool and beneficial piece of information. Im glad that you shared this beneficial info with us. Please maintain us informed like this. Thanks for sharing. 532346

  24. 874536 948154Hi, Neat post. Theres a problem with your web site in internet explorer, would test this IE nonetheless may be the market leader and a big portion of folks will miss your amazing writing because of this difficulty. 392953

  25. 172243 596011Typically I dont read post on blogs, but I would like to say that this write-up quite compelled me to try and do so! Your writing style has been amazed me. Thanks, very excellent post. 16468

  26. Greetings from Los angeles! I’m bored at work so I decided to check out your website on my iphone during lunch break. I enjoy the knowledge you provide here and can’t wait to take a look when I get home. I’m shocked at how fast your blog loaded on my cell phone .. I’m not even using WIFI, just 3G .. Anyhow, great blog!

  27. Hi! Someone in my Facebook group shared this site with us so I came to give it a look. I’m definitely enjoying the information. I’m bookmarking and will be tweeting this to my followers! Terrific blog and outstanding design.

  28. I’m amazed, I must say. Rarely do I encounter a
    blog that’s equally educative and amusing, and
    let me tell you, you’ve hit the nail on the head. The issue is something too
    few people are speaking intelligently about. I’m very
    happy I stumbled across this in my hunt for something regarding
    this. sliminazer

  29. Hello! I understand this is kind of off-topic however I needed
    to ask. Does running a well-established blog such as yours take a large amount of
    work? I am completely new to writing a blog but I do write
    in my diary every day. I’d like to start a blog so I will
    be able to share my personal experience and feelings online.
    Please let me know if you have any suggestions or tips for brand new
    aspiring blog owners. Thankyou!

  30. I’d like to thank you for the efforts you have put in writing
    this website. I really hope to view the same high-grade blog posts by you in the future as well.

    In truth, your creative writing abilities has motivated me to get my own, personal
    site now 😉

  31. Does your blog have a contact page? I’m having
    problems locating it but, I’d like to shoot you an e-mail.

    I’ve got some ideas for your blog you might be interested
    in hearing. Either way, great blog and I look
    forward to seeing it develop over time.

  32. When someone writes an piece of writing he/she maintains the idea of a
    user in his/her brain that how a user can understand it.
    Therefore that’s why this article is outstdanding. Thanks!

  33. I like the valuable info you supply to your articles. I’ll bookmark your weblog and check
    again here regularly. I am reasonably certain I’ll learn a lot
    of new stuff right here! Best of luck for the next!

  34. Great V I should definitely pronounce, impressed with your web site. I had no trouble navigating through all tabs as well as related info ended up being truly simple to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or something, site theme . a tones way for your client to communicate. Excellent task..

  35. Hi there, just became alert to your blog through Google, and found that it’s really informative. I am going to watch out for brussels. I will be grateful if you continue this in future. Lots of people will be benefited from your writing. Cheers!

  36. Great goods from you, man. I’ve have in mind your stuff previous to and you are simply
    too fantastic. I actually like what you’ve obtained
    here, really like what you’re saying and the way in which in which you say it.
    You make it enjoyable and you still care for to keep it sensible.
    I can not wait to read far more from you. This
    is really a wonderful site.

  37. Note that a Premier Plus title can also be purchased through multiple devices with the Disney Plus app, including Apple, Google, Amazon, and Roku. Variety Print Plus Subscriber Not got a Disney Plus account yet? Head on over to the website to sign-up. Subscriptions cost either ВЈ7.99 for a monthly rolling account, or ВЈ79.90 for 12 months. Save my name, and email in this browser for the next time I comment. Wield the power of the force (and Disney Plus) While services such as Netflix and Hulu cast a wide net over movie and TV entertainment, Disney Plus is much more focused and narrow in scope by revolving entirely around Disney content. Luckily, it doesn’t actually feel that limited since Walt Disney Studios and Walt Disney Television create everything from animated kids’ movies to action and sci-fi thrillers. https://hartegif.dk/forum-harte-lan-4/profile/bobbyehedin703/ You already know that a DISH TV package provides your favorite shows at the best value. Did you know you can boost your savings even more by bundling it with high-speed Internet? Relax, and get ready to pay less for more with BundleFinders! We use it to find your best local deals on bundled TV and Internet packages. Some areas have access to other kinds of wireless internet in addition to satellite. Providers like T-Mobile and Verizon offer 4G LTE home internet plans that provide internet access over cellular networks. These plans aren’t quite as widely available as satellite, but if you get good cell reception in your home, many of these plans offer a good alternative to satellite internet like HughesNet. DISH Internet FAQs DISH is our pick for the best overall TV provider and the best TV provider for kids. You’ll like its prices, two-year price guarantee, parental controls, and powerful Hopper 3 DVR, which beats the poofy pants off competitor DIRECTV’s Genie. Also, HBO Max, HBOВ®, and CinemaxВ® are back!

LEAVE A REPLY

Please enter your comment!
Please enter your name here