Despite cold war-II & Ukraine war USA watches passively Shehbaz-govt throwing gauntlet at Imran by unconstitutionally removing Punjab-governor. By Hem Raj Jain

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If people are thinking that the USA is serious about winning the on-going cold war - II between ‘liberal Western democracy’ led by the USA against ‘authoritarian Chinese democracy’ and about protecting the global political order of the UN sponsored by the USA in 1945 which has been seriously damaged by the invasion of Ukraine by Russia, then they are living in their make believe world. To be fair to Prez Biden it is merely not the White House which is irresponsible about protecting the ‘liberal Western democracy’ and the global political order of the UN, the US-Congress is equally rather more to be blamed in this matter for the simple reason that the USA is a country where in its constitutional hierarchy the Legislatives comes before the Executives.

After a long history of military rule in Pakistan at least after 2008 Pakistan is practicing democracy (only its theocracy has to be replaced by secularism for becoming a liberal democracy which it may do if democracy is allowed to function properly in Pakistan). But the way the USA is watching passively (the pro-US Shehbaz-govt throwing gauntlet at Imran by unconstitutionally removing Punjab-governor) if the USA doesn’t intervene urgently in political affairs of Pakistan (preferably through the UN) for protecting the laws & constitution of Pakistan then not merely the West led by the USA but rest of the world (which is practicing democracy or secular-democracy) should forget about counting on the USA for the success of liberal, democratic global political order as mentioned below:-

(1)-  First and foremost it should be clear in the minds of the people that incumbent Shehbaz govt is supported by the USA and Imran government (perceived pro-Russia by the USA and that too during Ukraine war) was removed if not by the USA then at least with the approval of the USA as is evident not only from (i)- The threat of US- diplomat to Pak - Ambassador in the USA (which is now popularly known as memo-gate) to remove Imran-govt by no-confidence vote  but also by (ii)- The views of US defense analyst Rebecca Grant in a interview on prominent US - TV channel that the United States was behind the ouster of the Imran Khan government.

(2)- At the same time it is also important to know that the Shehbaz - government is not only legal but legitimate too. Because even if there was alleged US-conspiracy to dislodge Imran - govt it was a matter between US - govt & Pakistan - govt (the then Imran - govt) and Member of Parliament (MNAs) had nothing to do with it. Hence no-confidence motion brought by MNAs was legal & legitimate unless these MNAs committed some crime which had a potential of disqualifying them. The Imran - govt (during about relevant two months when it was in power) never provided any actionable proof of any money trail etc between USA and these MNAs, therefore the govt of PM Shehbaz Sharif (after no-confidence against Imran - govt without vote of defectors from PTI,) is a legal & legitimate government. But this is not the case with the Punjab government which may be legal (due to court order) but is illegitimate. There is a principle of jurisprudence that ‘no one should be allowed to take benefit & advantage of his or her wrongs’. The Punjab incumbent CM Hamza got a majority with 197 votes with the support of 26 defectors from PTI and they are liable to be disqualified. Hence the majority support base of Hamza is illegitimate in the eyes of the people. 

(3)- As far as Punjab Governor Cheema is concerned he is right on two counts (i)- The resignation of CM Usman Buzdar (of PTI) is invalid because it was neither in Buzdar’s handwriting nor was it addressed to the Governor as per constitutional requirement (ii)- Defection of 26 PTI members not only makes CM Hamza-govt illegitimate but it also makes the office of speaker of Punjab assembly questionable when not supported by the PTI.

(4)- As far as President Alvi is concerned he is right due to three reasons:- 

(i)- It is not necessary for appointing authority and dismissing authority to be the same. For example Judges of the Supreme Court and High Courts are appointed in all democracies by “Supreme Judicial Council” or other constitutional body / authority but these judges can be removed only through impeachment by Parliament. Hence as per the Constitution of Pakistan the Governor can be appointed by Prime Minister + President as per Article 101 (1)- which reads as “There shall be a Governor for each Province who shall be appointed by the President on the advice of the Prime Minister ''. But a Governor can be removed only by the President as per Article 101 (3)- which reads as “The Governor shall hold office during the pleasure of the President”. Hence the Prime Minister or cabinet doesn’t come into the picture as far as the removal of the Governor is concerned.

(ii)- For removing the Governor Cheema by notification as reported at https://gnnhd.tv/news/13044/omer-sarfraz-cheema-removed-as-punjab-governor  the Article 48 (A) is quoted which reads as - [in the exercise of his functions the President shall act (on and) in accordance with the advice of the cabinet or the Prime Minister]. But as per  Article 48 (2) which reads as - [Notwithstanding anything contained in clause (1), the President shall act in his discretion in respect of any matter in respect of which he is empowered by the Constitution to do so and the validity of anything done by the President in his discretion shall not be called in question on any ground whatsoever]. Obviously the removal of the Governor as per Article 101 (3) is the discretion of the President hence a per Article 48 (2) the President is under no constitutional obligation to heed the advice of the Prime Minister or cabinet for the removal of the Governor

(iii)- The President Alvi rightly said that unless the Governor commits some illegal or unconstitutional act the President has no valid reason to remove the governor. In India also when a new government comes at the center it does not remove what to talk of the President (which is difficult because President can be removed through impeachment which requires two third majority in Parliament) but even many Governors are also not removed (though it is easy to remove them through President) and even Higher Judiciary in India has taken a position that if government changes at center that doesn't mean that Governors should be automatically changed.

(5)- This has left only one option with Imran (the former Prime Minister and the head of the party PTI) that is to come on the streets (as mentioned at https://www.pakistanchristianpost.com/opinion-details/3994 ) in order to (i)- Get the matter of the defection of 26 PTI member of Punjab Assembly decided urgently by Election Commission and Supreme Court of Pakistan (ii)- In view of the disqualification of these 26 PTI members to get election of Speaker of Assembly and Chief Minister of Punjab conducted and (iii)- Restoration of Governor Cheema back into the office.

(6)- But this matter is not that simple as generally is in other democracies including in India where political parties by coming on streets can get justice in so many cases. In this matter in Pakistan the role of Pak - military (which has been important  otherwise also all along the history of Pakistan) is crucial because during Ukraine war the official position of Pak - military is pro-USA where it criticized the Russian aggression in Ukraine as reported at https://www.voanews.com/a/pakistan-army-chief-blasts-russia-aggression-against-ukraine/6512372.html .  Pak military is already incensed because Imran in a vailed way is comparing Army Chief with Mir Zaafar due to which National Assembly passed a resolution against Imran as reported at https://www.dawn.com/news/1688807 and ISPR also took expansion to maligning of Pak- military as reported at https://www.dawn.com/news/1688624/army-takes-strong-exception-to-attempts-made-to-drag-its-leadership-in-political-discourse-ispr .

(7)- This means that it is not merely the Shehbaz-government but Pak- military too which is pro-USA which automatically makes them against Imran. Therefore even if Imran diverts about 3 million people (which he boasted he would mobilize for Islamabad march on and after May 20) to Lahore for achieving these objectives (as mention at above S.No 5) Imran can’t achieves these merely through general public, party cadres (including civil - Jihadis) unless  Imran mobilizes militant - Jihadis too. Such mobilization of militant - Jihadis by Imran is quite possible given the tag attached to Imran of ‘Taliban Khan’ and also due to compulsions of Ukraine war, as mentioned at https://www.pakistanchristianpost.com/opinion-details/4013  

(8)- It is difficult to believe that the USA (including Prez Biden and the US-Congress) doesn't understand the likelihood of such bloodbath in Pakistan. Chances are more that the USA (during ongoing cold war - II & Ukraine war) has allowed the pro-US Shehbaz-govt to throw a gauntlet at Imran (by unconstitutionally removing Punjab-governor) for calling the bluff of Imran who is never tired of claiming 24x7 the overwhelming support of the people , the civilian Jihadis and even militant Jihadis [as is evident from the public statement of his colleague (Home Minister in his cabinet) Sheikh Rasheed about ‘Khooni-march’ to which present Home Minister Rana Sanaullah has taken exception as given at 

https://www.youtube.com/watch?v=2TNnrDBebV4 ]

During on-going cold war - II & Ukraine war, when the USA (including Prez Biden and the US-Congress) is bent upon condoning such likely & avoidable bloodbath in Pakistan, what should be the response of the rest of the world (which is practicing democracy or secular-democracy) about counting on the USA for the success of liberal, democratic global political order, is a million dollar question

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On demand of our readers, I have decided to release E-Book version of "Trial of Pakistani Christian Nation" on website of PCP which can also be viewed on website of Pakistan Christian Congress www.pakistanchristiancongress.org . You can read chapter wise by clicking tab on left handside of PDF format of E-Book.

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