Let's think back a few years

I hope you will forgive me for quoting extensively from a book I have written, but I feel strongly that we should all reflect about what took place in the past when Mr Nawaz Sharif was in power. In November 1998, during Mr Sharif's leadership of government, the then President, Muhammad Rafiq Tarar, signed into law the Pakistan Armed Forces Ordinance, 1998, which was intended to legalise harsh counter-measures against terrorism and general mayhem in Sindh and especially Karachi (there was an excellent examination of armed forces' involvement by the ever-watchful Brigadier A R Siddiqui in The Nation of January 13, 1999), but the main features were disturbing. The old Article 245 of the constitution, one would have thought, would have met most requirements, in that:
1.    The armed forces shall, under the directions of the federal government, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of [the] civil power when called upon to do so; and
2.    The validity of any direction issued by the federal government under clause (1) shall not be called into question by any court.
But this was deemed inadequate by Mr Sharif's government and it tried to bring in a new set of laws, seemingly without seeking legal advice from those best qualified to give it. Tinkering with the constitution was a hobby of General Ziaul Haq, who sought to maintain his autocratic power by equating legality with personal ambition, and to that end demanded that lawyers discover language whereby the convergence might be furthered. It seems that this inclination had not deserted Pakistan's leaders in 1998 (and it might be remembered that it was Zia who appointed Nawaz Sharif Chief Minister of Punjab in 1985), for the Ordinance gave authority for the convening of military courts 'to try offences trialable [sic] under this ordinance', and declared many activities as not only illegal but deserving of severe punishment. The terms of Section (3)(1), were Draconian enough to have been constructed by the Raj in some of its worst moments of retribution against malcontent natives:
6. Creating Civil Commotion: 'Civil Commotion' means creation of internal disturbances in violation of law or intended to violate law, commencement or continuation of illegal strikes, go-slows, lock-outs, vehicles snatching or lifting [sic], damage to or destruction of State or private property, random firing to create panic, charging bhatha, acts of criminal trespass (illegal qabza), distributing, publishing or pasting of a handbill or making graffiti or wall-chalking intended to create unrest or fear or create a threat to the security of law and order or to incite the commission of an offence punishable under Chapter VI of the Pakistan Penal Code (Act XLV of 1860 [sic].)