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Article: ARTICLE: A momentous verdict.
- Article from:
- The Nation (Karachi, Pakistan)
- Article date:
- August 6, 2009
CopyrightCOPYRIGHT 2009 Asia Pulse Pty Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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By M.A. Niazi August 6 (THE NATION): The Supreme Court's verdict in the Sindh High Court judges' case is being hailed as a block to martial law, but history shows that when the military decides to takeover the country, it does. The Supreme Court has ruled against a martial law before, like the present case when the dictator being questioned was no longer in office, but only five years after that decision, another martial law was imposed, and the Supreme Court of the time upheld the imposition of military rule under the 'doctrine of necessity'. That doctrine, which has been first used by the Pakistani Supreme Court in1958, purportedly following the jurist Kelsen, though it ...