The Minister of Information just recently made an announcement that the PEMRA Ordinance of 2002 which was extensively amended on Nov 3rd is being repealed by floating a Bill in the Parliament.
According to a very respected legal council the 10 Amendments made to the PEMRA ordinance on Nov 3rd have duly expired after four months (on or about March 3rd) hence there should be no need to actually vote on a Bill to repeal the ordinance. Doing so will in turn accept and validate all the illegal steps taken by Pervaz Musharraf after the fateful 2nd Martial Law on 3rd Nov. This will also annihilate any chances of
Read the advise of the Legal Council below
It has been stated by the information minister today that a bill has been moved in the parliament which seeks to repeal the November 3rd, 2007, amendments in the Pemra Ordinance, 2007. For the reasons stated herein below, this move will damage the stance of the lawyers that no constitutional amendment is required to restore the deposed judges.
- Through PEMRA (Third Amendment) Ordinance, 2007, 10 draconian amendments were brought about in the PEMRA Ordinance, 2002.
- Under Article 89(2)(a)(i) of the Constitution, an Ordinance will automatically expire/repealed after 4 months. Therefore, under the Constitution, the PEMRA (Third Amendment) Ordinance, 2007, expired on or about March 3rd, 2007 [this is in addition to the argument that none of these amendments could even otherwise be made by a Chief of Army Staff/President in pursuant to a unconstitutional emergency/martial law].
- If the PEMRA (Third Amendment) Ordinance, 2007, has expired/repealed on or about March 3rd, 2007, then there is no need for a bill in parliament to repeal it.
- Musharraf’s Argument: Article 270-AAA was a (illegal) purported amendment made in the Constitution by Musharraf on 21-11-2007. It is the same 270-AAA which allegedly protects all the unconstitutional acts [including the removal of judges] of the November 3rd, 2007, Martial law. All Ordinances including the PEMRA (Third Amendment) Ordinance, 2007 Dated: 3-11-2007, are allegedly protected by Article 270-AAA(3) which ensures that the Ordinances [like the PEMRA (Third Amendment) Ordinance, 2007] will not expire after 4 months and these Ordinances can only be revoked by parliament.
- In view of the above, if a bill is moved in parliament seeking the repeal of the November 3rd, 2007, amendments in the PEMRA Ordinance, 2002, then the Parliament WOULD BE ACCEPTING THAT ARTICLE 270-AAA IS A PART OF THE CONSTITUTION.
- This bill needs to be opposed as this might irreparably damage the restoration of the judges movement.
- As to the question of the legal status of the PEMRA (Third Amendment) Ordinance, 2007, it is simple. These amendments (even if valid) have expired/repealed. Mere Instructions have to be given to the PEMRA Authorities not to enforce these amendments.
Faisal Siddiqi,
Advocate