Say ‘NO’ to Judicial Coup – by Dr. Saif-ur-Rehman

Dear countrymen, democracy in Pakistan is gone, our country is running under “Judicial coup”[Judicial dictatorship]. Pity the judiciary that some judges have declared “Judicial coup” in Pakistan. May 24th ruling of the Speaker of National Assembly on the issue of PM Yousaf Raza Gilian’s conviction in the contempt of court case was declared void.

The court observed that the speaker had no authority to find faults in the apex court’s judgement and should have sent the disqualification reference to the Election Commission of Pakistan within 30 days. Supreme Court’s disqualification of the sitting Prime Minister Yousaf Raza Gilani on 19th June was a practical example of Judicial coup in Pakistan. And that decision was widely lamented by the world leaders, scholars and journalists round the globe. All the democratic nations, pro-democratic think tanks and groups of scholars, journalists, students of politics and people from all walk of life were deeply shocked, when they heard about disqualification of sitting Prime Minister of Pakistan by biased judiciary.

Yet again, Supreme court is on its way to hunt its prey –another elected prime minister of Pakistan. For to fulfill its nefarious designs, court has accepted petitions against contempt of court act 2012, which was signed into law. It is pertinent to mention here that CJ had already vowed to do declare contempt of court bill null and void before its passing in elected houses both upper and lower.

Continue reading Say ‘NO’ to Judicial Coup – by Dr. Saif-ur-Rehman

Asifa Rizvi Passed away

Comrade Asifa Rizvi passed away today. Asifa remained with left students organisation Sindh National Students Federation as vice president and member central committee, president of Karachi chapter also. She was jailed in Pat Feeder Peasants movement and some other occasions.

She worked with Nazeer Abbasi Shaheed, Sarfraz Memon, Taj Marri, Ahmed Khan Jamali, Sohail Sangi, Ghanghro sisters in Sindh National Studnets Federation in seventies. She also worked with Great lady Aapa Mumtaz Noorani and Jam Saqi.

Courtesy: Sindhi e-lists/ e-groups, 14 July, 2012.

Pakistan needs to come clean on terrorism, says Germany

By: Wichaar Desk

New Delhi, July 14 — Germany Saturday made it clear to Pakistan that it needs to “come clean” over terror allegations, whether those are true or not, as this will be in its best interests.

German ambassador to India Michael Steiner, who took over this week, told reporters here that it did not matter whether the terror charges are proved in a court of law or not, but it was necessary that Pakistan clarify the “clear distinction” between its state institutions and terror outfits.

He was responding to queries about the recent revelations by terror suspect Abu Jundal, who was deported from Saudi Arabia last month, of Pakistani state players’ involvement in the 26/11 Mumbai terror attacks that left 166 dead and over 230 injured in 2008.

Continue reading Pakistan needs to come clean on terrorism, says Germany

Three Hindu traders kidnapped in Pakistan

Three prominent Hindu businessmen were kidnapped along with their driver by unidentified armed men in Sindh province of southern Pakistan today.

The businessmen, Ramesh Lal, Ashok Kumar and Hari Ram, were abducted with their driver in Ranipur area of Sindh, Pakistan Hindu Council patron Ramesh Kumar Vankwani said.

In addition to being a prominent trader, Lal is the president of the Hindu panchayat of Thul sub-division of Jacobabad district. The businessmen were going from Karachi to Jacobabad city when they were abducted.

Continue reading Three Hindu traders kidnapped in Pakistan

Judicial hyperactivism is threatening democracy in Pakistan

By: Junaid Qaiser

Pakistan is known for its weak political institutions, powerful army, several military coups and the infamous Article 58(2)-(B) that was used to send elected prime ministers to home or jail.

But this time around we are seeing a slightly different technique when the three member bench of the Supreme Court declared Yousuf Raza Gilani disqualified from holding a seat in the parliament from the date of his conviction on April 26 by a seven-member bench for contempt of court. A prime minister, who enjoyed confidence of the Parliament, who even before taking the oath of office, ordered release of the judges sacked and detained by former military ruler Gen Pervez Musharraf and later reinstated all the deposed judges on 16th March 2009 through an executive order. Many renowned experts as well as common person termed the ouster of elected PM similar to a judicial coup.

The Twitterities are using the hashtag #JudicialCoup to explain a new (invented)mechanism to oust an elected government.

The judges’ restoration movement, has been wrongly termed by many as a new beginning for Pakistan, as it’s not only failed to create and develop space for civilian supremacy, but also emerged a main hurdle in democratic evolution. And, today, we are more concerned than ever about the political instability. International media and observers place Pakistan in the category of countries, where parliament is continuously under sieges.

Pakistan’s judiciary has a very controversial history, which had never opposed, even the unconstitutional actions of the military dictators. The frequent imposition of martial laws, abrogation and suspension of constitutions were acts of treason under the law but were frequently validated by our apex courts.

In Maulvi Tamizuddin Khan versus the Federation of Pakistan, Justice Munir declared that the Assembly was not a sovereign body. He gave the ruling that the Constitutional Assembly had “lived in a fool’s paradise if it was ever seized with the notion that it was the sovereign body of the state”. The wording may be slightly different but the mindset remain the same, when the present Chief Justice said that the concept of parliament’s sovereignty was ages old so it was not so it was not applicable now. Historians feel that Justice Munir destroyed Pakistan’s constitutional basis when he denied the existence of Assembly’s sovereignty, and further harmed it by not indicating where sovereignty resided. It is quite obvious that historians will also judge the serious consequences of the present role of the judiciary for parliamentary democracy in Pakistan.

The observation by Justice Munir in Dosso versus the Federation of Pakistan, that a successful coup is a legal method of changing a constitution, sets the basis for the Commander-in-Chief of Pakistan Army, General Ayub Khan, to takeover the government from Iskandar Mirza. Ironically, the military takeover by General Ayub Khan on October 27, 1958, took place one day after the decision of the court was announced. By November 10, 1977, a nine-member bench of the Supreme Court of Pakistan, headed by Chief Justice Sheikh Anwarul Haq, unanimously validated the imposition of martial law under the ‘doctrine of necessity’. The judgment provided cover to the unconstitutional act of General Ziaul Haq and even gave him authority to make changes in the constitution. And in the Zafar Ali Shah case, the Supreme Court had granted three years to General Musharraf to hold elections and amend the Constitution and, in turn, General Musharraf gave three-year extension in service to the then incumbent judges.

Continue reading Judicial hyperactivism is threatening democracy in Pakistan