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Pak may continue to export terror despite 18th constitutional amendment
4/16/2010 12:09:33 AM
EARLY TIMES REPORT
JAMMU, Apr 15: Will the 18th amendment to the constitution of Pakistan, which restored the constitution in its original shape, have some positive impact on the export of terrorism to India? This question is being viewed keenly in Delhi where the top Government functionaries believe that re-strengthening of the democratic tradition could motivate Islamabad to promote friendly ties with Delhi. At the same time Delhi does not expect any immediate impact on the level of infiltration of militants into Jammu and Kashmir from across the LoC.
Indian intelligence agency reports reveal that the clipping of powers of the President of Pakistan will have no bearing on the use of the soil of Pakistan for exporting terror to India because change in the constitution was not going to tame the powers of the Pakistan Army and the ISI.
These reports said that whether the country was under the military dictatorship or under the civilian rule, the activities connected with exporting terrorism to India were governed by the Army and the ISI. The sweeping powers to dismiss the elected government and the Parliament were given to the President or the military dictator when General Zia-ul-Haq treated the 1973 constitution of Pakistan nothing but a "piece of paper.
"While throwing the constitution to the winds he announced that Pakistan's constitution "is the Quran". Alas! The harsh and the so called Islamic laws enacted during Zia's time were not based on the holy book but rather on a vicious mixture of man-made fallacies which may be called "political Islam."
Gen Zia-ul-Haq was blamed for having sabotaged the constitution of Pakistan with a number of amendments and the biggest amendment was which gave to the President the powers to dismiss the duly elected government and the Parliament.
No doubt this amendment was revoked in 1997 when Nawaz Sharif was elected Prime Minister but his successor, General Parvez Musharraf, further twisted the constitution to seek sweeping powers that helped him to sustain power.
And when the Pakistan Peoples Party (PPP) led government assumed office in Islamabad in 2008 one of the major programme that the party and its allies framed was to adopt 18th amendment to the constitution in order to restore the 1973 constitution in its original shape.
The delay in the adoption of the amendment was the result of the policy of procrastination adopted by President Asif Ali Zardari.
After the Supreme Court had made the National Reconciliation Ordinance null and void it had unnerved Asif Ali Zardari. He did not want that the cases of corruption against him be reopened; hence he opted for delaying the adoption of the 18th amendment to the constitution.
He had to yield after Nawaz Sharif, whose Pakistan Muslim League (N) supports Zardari led Government, mounted pressure on him. Now it is to be seen what shape politics will assume in Pakistan. Will the restoration of the 1973 constitution in its original shape remove fears of a military coup in Pakistan? Will it have some positive impact on the terror infrastructure that exists in Pakistan?
Political pundits are of the opinion that as far the activities of terror groups in Pakistan are concerned 18th amendment will have no impact because the terror groups were being controlled and handled by a section in the Army and the ISI. Both the Army and the ISI have remained out of the purview of Pakistan's constitution.
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