"Doctrine of Necessity" and Pakistan *. 67

Defination

Supreme Court of Pak

“Doctrinne of necessity” is a legal term. This is a term used in constitutional law and is as old as history. What does it mean? It means that a government can resort to extra constitutional authority in case there is a breakdown in law and order. The purpose is to restore order in a situation when anarchy rules. The Romans used this doctrine in the occupied lands. Later in the 13th century the doctrine was given a legal cover by the jurist Henry de Bracton (1210-68).

Theory of Blackstone and Henry Bracton

william Blackstone

Henry Bracton was perhaps the first to give a proper legal frame work to this theory. He lived during the 13th century and was greatly influenced by the conditions in England at that time.

The doctrine was further revised by William Blackstone (1773-68) an English Jurist. Both jurists had a common thread that this doctrine was a necessity, in case there was a breakdown in law and order. The crucial point is “breakdown in law and order”. There is a related question as to who will decide this. The jurists did not amplify on this matter.
In the 20th century the doctrine was extensively studied and commented upon by the English Jurist Sir Ivor Jennings( 1903-62)

‘Doctrine of Necessity’ has never been used in England. But it has been used in Germany by Hitler and now in Pakistan. Pakistan is one nation that has repeatedly upheld changes in Pakistan’s political environment by military coups under this doctrine. This makes sad reading.

Doctrine of Necessity and Pakistan

scales of justice

The Doctrine of Necessity has been known for over 2000 years, but it has been rarely invoked in modern history. The state of Pakistan has however relied on this doctrine to justify military coups and judicial political hangings like of Zulfikar Ali Bhutto by the army general Zia ul Haq.

The first time this doctrine was used in Pakistan was in 1954. The events are now well known. The then Governor General of Pakistan Ghulam Mohammed dismissed the constituent assembly. He took this unconstitutional step as he felt that the assembly did not represent the people of Pakistan. It was a partisan step and an appeal against the Governor General’s order was filed in the Sind High court.

The President of the Constituent Assembly Maulvi Tamizzuddin was the man who filed the appeal. It is on record that the Sind High Court ruled in favor of the petition filed by Maulvi Tamizzuddin. The Governor General went in appeal to the Chief Court of Pakistan (later the Supreme Court). The then Chief Justice Muhammed Munir seeing the wind blowing with the army breathing down his neck ruled in favor of the Governor General. Justice Munir relied on the doctrine of necessity as enunciated in Roman law and further enunciated by Ivor Jennings. This was a sad day for Pakistan.

Priyanka Chopra and Dating * 77

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Priyanka Chopra star of Baywatch and Quantico says she does not believe in dating

Priyanka Chopra to Star in 'Baywatch' (Exclusive) - Hollywood Reporter - hollywoodreporter.com

Priyanka Chopra is a top Bollywood star who has now entered the American world of show biz. She is 34 years old and single. She is not only the subject of gossip but also a darling with the publications like Maxims and others which have showcased her on their covers. Obviously, a single famous girl does raise questions. People in America and all over the world want to know whether she is hitched to a man. When in Mumbai Priyanka never had a steady boyfriend except for a brief flirtation with Akshay Kumar and Shahid Kapoor. In the USA  - the star of Baywatch and Quantico has not been reported to date, anyone.

Priyanka on dating.

Film stars bask in the sun and perhaps they love the gossip that surrounds them. Priyanka has been in the news with her flawless armpits that generated quite a healthy controversy. I am sure the lady enjoyed the comments as she replied by posting her picture with bare arm pits on Instagram. Now she has come out with a statement that she has never dated anyone and does not believe in dating. This comment has to be taken with a pinch of salt. Yet the actress has made this comment to Veronica Chambers in the magazine In Style which should hit the stands soon. The actress who stars as the villain in Baywatch has stated that she only believes in a relationship and not in dating. Frankly, even now no one knows whether there is a definite man in her life. There are rumors of an Indian NRI with whom she may tie the knot. All this is speculation and the fact is the public loves to read such tidbits of the life of stars. 

The magazine interview.

Priyanka's comments can be read in the August issue of the magazine In Style that may be in the stands on 8 July. It will be an interview worth reading and will show her mind and how she thinks. Priyanka is a modern girl who studied in America and it is very she would definitely have had men in her life. Maybe she does not believe in dating as it's a frivolous act, but there is no denying that she is a gorgeous girl and many hundreds of men would like to date her

Tom Cruize the ONLY macho Star * 73

Despite aging, Tom Cruise still does death-defying stunts and the fact is that he is in a class all by himself.

Mission: Impossible - Rogue Nation review: Tom Cruise just won't ... - theguardian.com

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Every Actor is supposed to have a shelf life. Some have a longer shelf life than others. Romantic heroes have a longer life than actors who do physical stunts. Doing a stunt without a double is taxing and one can say a tribute to physical fitness. So many Hollywood stars have come and I can't recollect a macho star who did his own stunts and survived in the top bracket for so long a time. Tom entered Hollywood in 1981 with a role inEndless love. Now 34 years down the line, Tom remains the no 1 macho star who does his own stunts. Nobody can do the stunts Tom does and that makes him special not only for America but the world.

Tom Cruise and his stunts

Tom Cruise is now 53-years-old and there is nobody who can hold a candle to his daredevilry. In all his films he has done the stunt scenes himself and a double has never replicated him. In all his films the masses go to see Tom in action either with a sword like in Tthe Last Samurai or the bike rider in Mission Impossible. He has also courted death at least a dozen times and yet he has not given up on doing his own stunts. His death-defying stunts in the Mission Impossible series will live long in the memory of people all over the world. There is no doubt that Tom is a global star and even in India his films are dubbed in Indian regional languages and attract hundreds and thousands of viewers. He is the most representative face of Hollywood in the third world, where his escapism gives a thrill to all.

Tom and the future

Tom was born in 1962 and now is getting past the age of doing stunts. However, no star  has appeared who can replace Tom and he soldiers on. It would be wrong to think of Tom only as a stunt actor as he brings finesse and poise to his roles and can be a good romantic lover on the screen. In personal life, Tom has married thrice and maybe that is a sign that he is also looking for love. How long will Cruise carry on in the present vein? It's difficult to make a forecast, but he has done enough to be given an entry into Hollywoods hall of fame.

Hillary might win but she will be a disaster.

Can Hillary Clinton lead the USA forward as President?

Hillary the likely Democrat nominee is ahead of Donald Trump in the Gallup polls yet serious doubts exist about her ability to the lead the US forward

What Strategy Should Hillary Clinton Use to Beat Trump? - The Atlantic - theatlantic.com

Hillary contested against Obama for the Democrat nomination in 2008 but eventually lost. She bided her time for 8 years before trying again and now it appears that she will be the nominee of the Democrats for the coming presidential election. In between, she had a stint as the secretary of state under Obama and that period was not particularly successful and she was involved in some controversies like the famous Benghazi coverup. She was also the wife of BillClinton when he was President and afraid she could not have had a happy relationship with Bill as he was in the limelight for using the Oval office as his rendezvous with Monica Lewinsky. He escaped impeachment by the skin of his teeth, but the resultant publicity took its toll. Hillary was thus an outsider during the presidency of Bill Clinton and she cannot claim that she has experience of the goings on in the White House. Despite this, she leads in the Gallup polls over Trump by many points.

The policy of Hillary.

Hillary has admitted many things. She had admitted the economy is bad, but she has the panacea to cure it. She is also attacking Donald for his divisive politics. At the same time, she is beholden to big business and the present incumbent Obama for this nomination. I am afraid it's not a nomination she won on her own strength. She is thus likely to toe the Obama line and her failure to call a spade a spade on many occasions can be seen as a negative fallout. The only thing going for her is that  if she is elected she will be the first woman to be president of the USA and apart from this distinction there does not seem anything positive she has to offer to the American masses. Serious doubts exist as to her ability to lead America.

Hillary as president.

As things stand Hillary is not a revolutionary thinker. She is mouthing the words that Obama has been repeating for years. In real terms, Obama brought the prestige of the US down and one of his most glaring mistakes was his failure to recognize the source of terror. Americans are wary of the immigrants from Islamic lands and there is no doubt that Muslims even after living for decades in their adopted country will in a moment spread terror and chaos. Hillary has not recognized it and thus the entire edifice of her policy is based on wrong assumptions and a soft approach. There have been iron women at the helm and one can think of the names of Margret Thatcher and the Indian prime minister Indira Gandhi.  But Hillary is not in that class and the fact that big business is backing her shows that she does not have the support of the younger voters. The elections are still some 3 weeks  away, but in case Hillary wins  for want of a better choice, America may be on the downslide. One can think of Gorbachov and wonder whether Obama followed by Hillary may see an American version of the Russian leader. A factor conveniently forgotten is her health. She fainted some time back and that does not auger well for a person who has to be the executive head of the nation and the Commander in Chief

New Miss Pakistan is Anzhelika Tahir * 67

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Miss Anzhelika Tahir is Miss Pakistan 2016 in snub to Muslim extremism

Despite opposition from Islamic fundamentalists, this year the winner is Anzhelika Tahir.Beauty Pageant for Muslim girls

The beauty pageant started in 2002 and is the brainchild of Sonia Ahmed. The first winner of this contest was Zehra Sherazi in 2003. She later represented Pakistan at the World Miss University contest. The pageant attracts Muslim girls of Pakistani origin from all over the world and is an excellent vehicle for the development of Muslim women's rights in Pakistan. the pageant has been held every year in Canada, but the 2014 show was held in New Jersey in the USA. This year it was held in Toronto, Canada.

This year's winner is a Pakistani girlAnzhelika Tahir with mixed parentage. Her father is a Punjabi Muslim while the mother is from Ukraine. She has won the title and will represent Pakistan at the Miss World contest. Anzhelika hails from the Punjab province which is home to 7 Miss Pakistan title holders.

Further development

The pageant was expanded in 2007 and the Mrs. Pakistan world contest was launched. Many feminists in Pakistan are not happy with this contest as they feel it detracts from their fight for equal rights for Muslim women. Sonia, however, defends the contest as she feels it is a form of expression for the Muslim women of Pakistan. The contest itself is looked down on by Muslim fundamentalists. The Pakistan government does not allow the contest to be held in Pakistan.

The contest organizers need to be applauded for holding the contest along the same lines as the Miss USA contest, as well as ignoring radical views of Muslim fundamentalists. One does feel that this contest does strike a blow on behalf of the discriminated and suppressed women of Pakistan who are frequently subjugated to honor killings

The Truth about Kashmir can be startling * 63

A full-blown guerilla war is developing in Kashmir
I think the people of India, the Govt. of India, and the Indian army must now be told the truth : a full-blown guerilla war, still in its nascent stage , is fast developing in Kashmir, 
The truth is that most of the Kashmiri youth have been thoroughly alienated, and are intensely hostile to India. 
A guerilla war, to be successful, must have popular support. " The people are the sea, and we are the fish who swim in them " said a famous Red Army leader in the Chinese revolutionary war. Without popular support, a guerilla war cannot be long sustained, as Che Guevara realized too late in Bolivia.
But there is definitely popular support of the militants in Kashmir. We can't hide this truth, like ostriches. It is true that not all Kashmiri youth are trained and armed militants ( at present only a very small number are ). But the sympathies of most of the Kashmiri youth are with the militants, and they will therefore, supply information, sanctuary, food, etc to them. The large crowd of lacs of people in Burhan Wani's funeral has demonstrated this.
To say that all the militants have come across the border is again not correct. A large section of them , like Burhan Wani, are local people, though they are getting weapons from China and Pakistan.
The Kashmiri guerrilla war, though still in its nascent stage, is bound to develop rapidly in the days to come, and I may explain why.
I have many relatives who were in the Indian army, and who were posted in Kashmir or in the North East where there was militancy. They explained to me the psychology of our army soldiers. Suppose a patrol of 10 or 20 of our soldiers is going in some area in Kashmir and is fired upon by some militants. If in this firing 2 or 3 of our soldiers are killed, the rest of them tend to go crazy, seeking revenge for their fallen comrades. They may then enter a neighboring village, thinking it harbored these militants ( and may indeed have ), and shoot at innocent civilians, despite all instructions to the contrary from higher authorities. Sometimes even their officers cannot control them.
Also, a soldier who has stayed in militancy affected areas for long periods, as many Indian soldiers have to do, is often no longer psychologically normal, expecting death at any moment. Hence he sometimes tends to do crazy things, like firing at civilians.
The American experience in Vietnam testifies to this.
https://www.youtube.com/watch?v=RMMd2mrJnVM
All this generates further hatred. The near and dear ones of an innocent civilian who is killed, often become militants themselves, to seek revenge. Thus the guerilla war expands, and guerillas increase in numbers. They only lack arms, but these are supplied by China and Pakistan. Even if we can prevent Pakistan from doing so, we cannot prevent China, as it is a super power, and is bent on destabilizing India and capture markets for its industries. No amount of 'surgical' strikes will have a significant effect. The Americans also tried many such ' surgical' strikes in Vietnam, but to no avail.
An army can fight another army, it cannot fight the masses. A tiger can attack a large prey, it cannot attack a swarm of mosquitoes.
We may keep boasting of our 'surgical strike', but that solves no problem. There will repeated guerilla-type attacks on our armed forces in Kashmir, using hit and run tactics, the most recent one being in the Baramulla army camp.
http://www.ndtv.com/…/heavy-firing-reported-near-army-camp-…
The guerilla has the advantage of surprise. He decides the time, place and duration of the attack. And if he wins the support of the masses he becomes almost invincible, as was demonstrated to the French and Americans in Vietnam
I am sorry to paint this grim picture of the situation in Kashmir, but the truth must be told to all Indians
.This is taken from the blog of Justice Katju.