Should Pakistan's Top Politicians Be Tried for Treason under Article 6?
By Riaz Haq
CA
Many actions of top Pakistani politicians have been, and continue to be, in clear violation of several articles of the Constitution of Pakistan since 2008. The biggest examples are violations of Articles 62, 63 and 140A . Should they, along with former President Musharraf , be tried for treason under Article 6 of the Constitution? Let's try and examine this question in some detail.
Articles 62
About half of Pakistani lawmakers do not pay any tax. Tax dodgers and lawbreakers cannot be allowed to serve in Parliament under Article 62, clause F of the Constitution of Pakistan. They cannot vote for, nor serve as, Prime Minister or cabinet ministers.
Article 63
Most of the politicians of all stripes in the national parliament and provincial legislatures steal electricity and gas and do not pay their utility bills . Many have also defaulted on bank loans worth billions of rupees . The constitution ( Article 63 ) says that any defaulter of electricity and gas bill of more than Rs 10,000 over six months cannot serve as a member of parliament. Hundreds of members of parliament, including government ministers, have had electricity cut off multiple times for defaulting.
Article 140A
Under Article 140A of Pakistan's constitution , each province is required to "establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments". All provincial governments in Pakistan have violated this article since 2008, an extended period of six years. In addition, the top ruling politicians in each province have also ignored Supreme Court orders to hold local government elections.
Article 6:
Article 6 says that "any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason". "Any person aiding or abetting [or collaborating] the acts mentioned in clause shall likewise be guilty of high treason.
The constitution bars the courts from intervening in offenses under article 6 unless the parliament asks the courts to hear such cases, leaving it to the discretion of the politicians to pursue such cases.
Summary
While it is clear that the courts cannot begin Article 6 proceedings against any individual on their own, it is necessary for the courts to pursue violations of Articles 62, 63 and 140A, thereby laying the basis for future prosecutions of current ruling politicians under Article 6 for practically subverting the Constitution and holding key parts in abeyance by virtue of being in power.
The current ruling politicians should be treated no differently than President Musharraf whose decisions while in office in 2007 are now being used to prosecute him under Article 6. President Musharraf's case should serve as a powerful precedent for future cases against all Pakistani rulers, both civilian and military.
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