Tag Archives: Arslan

The battle in Pakistan is not between executive and judiciary, but between rule of law and rule of a Judge

Know thy facts

By Feisal H Naqvi

There are moments in my academic past of which I am quite proud. Getting a distinguished Yale Law School professor of Constitutional Law to swear at me in open class is not one of them.

Continue reading The battle in Pakistan is not between executive and judiciary, but between rule of law and rule of a Judge

Partymen caution Nawaz against blindly supporting judiciary

By Zia Khan

ISLAMABAD: Leaders of the Pakistan Muslim League-Nawaz (PML-N) have begun to advise party chief Nawaz Sharif against blind support for judicial activism.

The main opposition party has sided with the higher judiciary in the standoff between the government and the apex court, which has begun to reach a crucial point once again – however, recent developments have led to a reconsideration among the PML-N’s hierarchy.

PML-N insiders told The Express Tribune that several central party leaders had cautioned Nawaz to be calculated in his backing for the judiciary, warning of a slippery slope. “A significant number of people in the party feel the judiciary in its decisions recently, and [Chief Justice] Iftikhar Chaudhry in his statements, have crossed certain red lines. This is not a good omen for the democratic system,” said an official. ….

Read more » The Express Tribune

Getting priorities straight – By Saroop Ijaz

Suppose for a moment that the Constitution of Pakistan is unanimously amended by the Parliament and an article is inserted saying, “from here on in all military takeovers/coups are declared illegal and treasonous and no court of law shall legitimise such a takeover…”. High-minded as it would be, one needs to be fantastically gullible or hopelessly optimistic to believe that mere tinkering with some legal provisions is all that is required for uninterrupted democratic governance. This may seem odd to you coming from someone who makes his sustenance on legalese but law is not really all that it is made out to be and especially not what our media would lead (or perhaps, like) you to believe. Firstly, a military coup is by definition extra-constitutional (or to quote the Supreme Court from the past meta/supra-constitutional) and hence, it will be merely another clause violated and on most occasions, the khakis are not overly concerned about constitutional nuance anyways. Secondly, the courts would read such an article as creatively as they desire since interpretation is, admittedly, their prerogative. However, the hypothetical article would serve some purpose insofar as it will make it more embarrassing for the courts and maybe even for the military adventurers, although they are generally immune from such petty sensibilities.

Continue reading Getting priorities straight – By Saroop Ijaz

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

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

Restructuring of the Judicial System – Taj Haider

Article 209 (Supreme Judicial Council) lays down the composition as well the procedure to be followed to probe into capacity or conduct of a judge of the Supreme Court or a High Court.

While the said article in Sub-article (3) sections (a) and (b) looks at the possibility of looking at the capacity or the conduct of a member of the Supreme Judicial Council who is a judge of the Supreme Court or a Chief Justice of a High Court, it clearly omits the possibility of looking into the capacity and conduct of the Chief Justice of the Supreme Court.

There is a clear procedure laid down for the impeachment of the President of Pakistan by the Parliament in article 47. However, the Chief Justice of Pakistan is not answerable to any authority if he is accused of misconduct or is perceived to be unable to perform his duties for any reason.

The composition of the Supreme Judicial Council is also faulty in the sense that it establishes a complete monopoly of the Supreme Court and makes the provincial High Courts subservient. Only two most senior Chief Justices of High Courts are council members as against three (Supreme Court Chief Justice and two next most senior Judges from the Supreme Court). This composition clearly violates the autonomy principle and concentrate authority in the Centre and de-facto in one person, who is the Chief Justice and also above probe if accused of incapacity or misconduct.

It is thus proposed that:

1) Besides the Chief Justice of Pakistan only the one senior most judge of the Supreme Court should be member of the Supreme Judicial Council.

2) The Chief Justices of all the four provincial High Courts should be members of the Supreme Judicial Council.

3) The Senate of Pakistan shall have the power to impeach the Chief Justice of Pakistan by two third majority.

Continue reading Restructuring of the Judicial System – Taj Haider

Pakistani Liberals Are No Leap of Faith

This beleaguered minority in the country still deserves international support.

BY SADANAND DHUME

This isn’t the best time to be a Pakistani liberal. Opinion polling shows most Pakistanis thinking of America as an enemy, democracy as an unwelcome concept and the imposition of Shariah law as a no-brainer. Meanwhile, recent news out of the country involves the judiciary taking down an elected prime minister and politicians like Imran Khan riding high by invoking anti-imperialist and Islamist ideas, even as an Urdu-language media remains saturated with hyper-nationalism.

Against this backdrop, the world can’t be blamed for regarding the Pakistani liberal as an exotic hothouse flower with no roots in the country’s unforgiving soil. As the United States enters a shaky new period of detente with Pakistan following the reopening last week of supply routes to Afghanistan, it’s fair to ask if these liberals deserve notice at all. Doesn’t it make more sense for the West to instead engage more intensely with the powerful army and assertive hardliners such as Mr. Khan?

The answer is no. It’s always tempting for the West to do business with whoever’s powerful, but this is a recipe for the kind of trouble America right now faces with its troublesome “ally.” Pakistan’s liberals are not only less weak and less of a fringe phenomenon than they’re made out to be, they’re also the only ones who hold out the promise of a better future for their country.

One recurring complaint against liberalism is that though Pakistan regained its democracy four years ago, President Asif Ali Zardari’s civilian government still can’t wrest decision-making away from the military. But no civilian government could realistically be expected to immediately assert its authority over an army that has directly ruled the country for 34 of its 65 years, and continues to command the lion’s share of national resources. As the experiences of Indonesia and Turkey show, only when democracy grows roots do politicians acquire the finesse and self-confidence to take on generals accustomed to command. This takes patience.

Continue reading Pakistani Liberals Are No Leap of Faith

Rough justice

By Asad Jamal

June 2012 will go down in the legal and political history of Pakistan as a watershed month as the Supreme Court (SC) of Pakistan intruded not only the domain of other state institutions and violated the code of conduct for the superior judiciary but also disregarded some of its own recent and not-so recent pronouncements.

It was the June 19 decision to disqualify Yousuf Raza Gilani as a member of the National Assembly (NA) and as Prime Minister of Pakistan that really stole the limelight. The decision, delivered through a short order which states that the reasons for disqualification will be recorded later, has been criticised on various grounds. The critics of the verdict variously call it legally infirm, an encroachment upon the domain of parliament and other constitutional offices, lacking impartiality and being potentially detrimental to democracy in Pakistan.

On the lack of impartiality first: while the decisions of a court may be debated and questioned, the judges should never lose the appearance of impartiality. In a 2006 speech during the Golden Jubilee celebrations of the SC, Justice Asif Saeed Khosa had said “… independence of judiciary is not an end in itself; it is only a means to the end, and the end for sure is impartiality of judiciary.” Unfortunately, the order for Gilani’s disqualification is a glaring example of the court’s transgression into the jurisdiction of other constitutional offices, if not outright bias.

Continue reading Rough justice

CJ’s remarks

CJ’s remarks

CHIEF Justice Iftikhar Chaudhry on Saturday fired the latest salvo in the perceived escalating fight between the superior judiciary and the PPP-led federal government. The Supreme Court, according to Justice Chaudhry, can strike down any legislation that is incompatible with the fundamental rights guaranteed under the constitution. While this is a well-established principle, the timing of Justice Chaudhry’s comments is impossible to ignore: the chief justice’s dilation on the ins and outs of the constitution came in a week that the government proposed legislation to protect its constitutional office-holders from suffering the same fate as former premier Yousuf Raza Gilani suffered recently. Unfortunate as it is that the past judicial practice of justices speaking only from the bench and through their judgments has been discarded in recent years, the comments by the chief justice come very close to pre-empting the legislative process. Astonishingly, however, the chief justice did not just stop there: he indicated that the supremacy of parliament was ‘out of place in the modern era’, the constitution itself enjoying pre-eminence over the will of parliament. This is explosive, particularly given the backdrop of the judiciary-government battles. Start with the claim that the constitution, not parliament, is supreme, add the corollary that the SC is the final and unquestioned interpreter of what the constitution does or does not permit — and suddenly Pakistan is in the realm of a supreme judiciary, an unelected institution dictating the contract by which state and society interact. This would be a fundamental shift in the way Pakistan’s constitutional arrangement is imagined and it is quite extraordinary that a serving chief justice would see fit to make such a pronouncement outside a judicial forum. In the SC, the chief justice is the administrative head but his vote is equal to that wielded by any other justice in any given case. Surely, then, at the very least, this is a matter to be decided before a full court, if and when the matter comes before the court.

But returning to the issue of fundamental rights guaranteed in the constitution, why is it that the court keeps invoking fundamental rights when it comes to engaging with the government instead of concentrating on securing the fundamental rights of the people? Why not focus on the broken judicial system in which the average complainant has virtually no hope of ever getting justice, and none of getting it on time? Why not focus on the abysmally low rate of successful prosecution that allows criminals to walk free? Must the court be so obviously selective?

Courtesy: DAWN.COM

http://dawn.com/2012/07/09/cjs-remarks-3/

Difa-i-Pakistan Council (DPC) alliance of Jamatud Dawa (JuD), Ahle Sunnat Waljamat (formerly known as Sipah-e-Sahaba), Jamiat Ulema Islam (JUI), & Jamat-e-Islami (JI) are doing long march against the resumption of Nato supplies

Saying ‘no’ to NATO: DPC long march enroute to Gujranwala

By Web Desk / Rana Tanveer / Zahid Gishkori

LAHORE: The long march against the resumption of Nato supplies through Pakistan as announced by Difa-i-Pakistan Council (DPC) started from Lahore on Sunday and is expected to reach Islamabad tomorrow, Express News has reported.

Hundreds of cars were part of the procession.

The participants included activists from Jamatud Dawa (JuD), Ahle Sunnat Waljamat (formerly known as Sipah-e-Sahaba), Jamiat Ulema Islam (JUI), and Jamat-e-Islami (JI).

JI’s caravan had already reached Nasir Bagh under the leadership of Amirul Azeem where JuD ‘s caravan, led by Hafiz Mohammad Saeed, joined it.

JuD’s caravan had proceeded from Masjid-e-Shuada where JI leader Sayed Munawar Hasan, DPC chairman Molana Samiul Haq, former ISI chief General (r) Hamid Gul, his son Abdullah Gul, Pakistan Ulema Council head Maulana Tahir Ashrafi and other leaders joined them. The leaders were mounted on a truck, which also doubled as a moveable stage.

A number of JD and Hizbul Mujahideen activists were providing security to the truck.

The leaders delivered speeches at Istanbul Chowk at The Mall in front of Town Hall.

Addressing the protesters, Maulana Samiul Haq said they were holding a long march to save Pakistan and Afghanistan from the clutches of the US, adding that their movement would continue until complete withdrawal of US forces from Pakistan and Afghanistan.

He said suspension of Nato Supply is one of their goals, urging the masses to join them towards Islamabad. ….

Read more » The Express Tribune

The Collapsing State of Pakistan!

By Saeed Qureshi

Living in Pakistan for most of the Pakistanis is nothing short of a persistent nightmare and an unrelenting trauma. The Pakistani society is rapidly decaying and could be pictured as rotten. The rulers and the coterie of leaders do not shy away from heaping miseries, humiliations and deprivations on a nation that was born some six decades ago. The people have been subjected to horrendous civic and social deformities that could equate Pakistan with some of the obscure African countries where life is at a subhuman level and human civilization is yet to make its presence felt.

The dignity, the self esteem, the honor and the moral principles look like unpalatable anathema to the politicians of Pakistan. The, shameless leaders, the brazen-faced politicians and the parliamentarians are like leeches sucking the blood of the people and turning that hapless segment of humanity into living corpses.

Water, let alone potable, is becoming a luxury to be bought with money. The electric power for a society is like blood in human veins. This indispensible amenity is not only horrifically scarce but callously expensive. Because of the load-shedding patently a cover- up for acute power shortage, a whole nation is developing mental disorders and sinister psychological disabilities.

The social sector is in an indescribable mess. The Health, education, transport, environment, institutions, departments, railways, roads, dams, manufacturing units, mills, factories, moral moorings, individual ethics, are in state of rapid decay. If we try to look around for good governance among various societies in the modern times, Pakistan cannot be among them. If you picture Pakistan in your mind, you may visualize the deterioration of such essentials features as order, discipline, peace, decency, honesty, fairness, mutual respect, and self-esteem.

Continue reading The Collapsing State of Pakistan!

Our right to know

By Saroop Ijaz

The refusal of the Supreme Court Registrar to render to the Public Accounts Committee any details of the plots ostensibly allotted to the Honourable Judges leaves a distinctive and familiar bad taste in the mouth. The reason put forth by the Registrar is that according to Article 68 of the Constitution, no discussion can take place in parliament regarding the conduct of any judge of the Superior Courts  “in discharge of his duties”. The argument is indeed peculiar since I certainly hope that the Registrar is not implying that the land was acquired in discharge of duties. Let us get a few things clear at the outset; firstly, no allegation has been made against any judge or the judiciary. Secondly, even if an extra plot was accepted, it forms no basis of a prima facie misconduct. In this light, the reluctance or the outright denial seems faintly paranoid and defensive, in any event puzzling. I have a feeling that because the Supreme Court thinks that parliament is made up of incompetent crooks, it (the SC) cannot and should not subject itself to scrutiny by them. If that is so, the problem should be obvious: clichés likes “checks and balances”, “who will guard the guards” etc. The SC is empowered to interpret the law and decide what is permissible, yet the refusal comes too close to ambitiously high-minded self-comparisons with two of the four Caliphs. I am against anyone being held to the standards of the pious Caliphs and quite content with imperfect temporal constitutional standards. Yet, to the cynic it may seem as what can be colloquially termed as a “having-it-both-ways” approach.

Continue reading Our right to know

Gilani’s sentence proves no one is above the law: Chief Justice

By Zeeshan Mujahid

KARACHI: The contempt of court case against former prime minister Yousaf Raza Gilani proves that every individual, irrespective of his position, is subject to the law, said Chief Justice Iftikhar Muhammad Chaudhry while addressing a lawyers’ ceremony at the Supreme Court Karachi registry on Saturday.

The chief justice added that action was taken against Gilani under the contempt of court law because the chief executive of the country defied court orders, and added that the implementation of court orders is the duty of the executive, which has been explained adequately in Article 190 of the Constitution.

Addressing the issue of immunity provided to the elected representatives, the chief justice said that if a person elected by the people violates the Constitution, then it is the duty of the courts to stop him.

Continue reading Gilani’s sentence proves no one is above the law: Chief Justice

Foreign magazine castigates CJP as an ‘unelected judge’

ISLAMABAD – Time magazine, a foreign-based magazine, has targeted CJP Iftikhar Muhammad Chaudhry for being ‘a lazy-eyed abrasive, un-charismatic, and visibly uncomfortable for scripted speeches’.

Expressing fears that taking suo motto notice, and by keeping ‘ his (CJP’s) unending pursuit of President Zardari, might endanger democracy’ (a notion often wielded by ruling party as a sword of Damocles over any critic /analyst or even a well-wisher), the media source terms CJP as “an unelected judge (elected judges!?) , who has shown no letup in his vendetta against an elected prime minister and President Zardari, even at the cost which the country would end up paying(!?)

This, despite the fact that Pakistan/democracy has nevertheless withstood countless ‘indispensable democratic (and non-democratic) heroes’ in past with aplomb.

The media source does not even spare CJP’s accepted ancestral honesty amid a hornets’ nest infested with blatant corruption and blind power, terming it as the source of CJP’s ‘obdurate and unending Robin Hood attitude’.

Courtesy: Pakistan Today

http://www.pakistantoday.com.pk/2012/07/07/news/national/foreign-magazine-castigates-cjp-as-an-unelected-judge/

Pakistan – government, allies agree to amend constitution again

ISLAMABAD: The government and its coalition partners late on Friday agreed to bring 21st and 22nd constitutional amendments, which will also allow dual nationals to contest elections, DawnNews reported.

The meeting at the Presidency was chaired by President Asif Ali Zardari, Prime Minister Raja Pervez Ashraf and former premier Yousuf Raza Gilani also attended it.

Federal Law minister Farooq H. Naek briefed the meeting over proposed bills regarding contempt of court and dual nationality before tabling it in the National Assembly.

The meeting approved 21st and 22nd amendments in the constitution. The latter will allow people having dual nationality to participate in general elections.

The law minister also informed the meeting that process of related lawmaking was in progress over contempt of court issue.

The meeting also decided to protect decisions taken by former PM Gilani between April 26 and June 19.

Continue reading Pakistan – government, allies agree to amend constitution again

For Pakistan July 5 is a reminder that Military rule destroys freedom, generates oppression, fosters inequality and promotes extremism.

رات جو رهزن  …….. ضياءالحق

Courtesy: YouTube Via – Twitter

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ضیاء زندہ ہے

محمد حنیف

بی بی سی اردو سروس، کراچی

نہ کہیں ماتمی جلسہ، نہ کوئی یادگاری ٹکٹ، نہ کسی بڑے چوک پر اسکا بت، نہ کسی پارٹی جھنڈے پر اُسکی کی تصویر، نہ اُسکے مزار پر پرستاروں کا ہجوم، نہ کسی کو یہ معلوم کہ مزار کے نیچے کیا دفن ہے۔ نہ کسی سیاسی جماعت کے منشور میں اُسکے فرصودات، نہ ہر لحظ اُٹھتے سیاسی ہنگاموں میں اسکی بات۔ نہ بڑے لوگوں کے ڈرائنگ روموں میں اُسکے ساتھ کھنچوائی ہوئی کوئی تصویر، نہ کسی کتب خانے میں اُسکے کے ہاتھ کی لکھی ہوئی کوئی تحریر۔ نہ کوئی سیاستدان چھاتی پر ہاتھ مار کر کہتا ہے میں اسکا مشن پورا کروں گا۔ نہ کوئی دعا کے لیے ہاتھ اٹھاتا ہے کہ مولا ہمیں ایک ایسا ہی نجات دہندہ اور دے۔

Continue reading For Pakistan July 5 is a reminder that Military rule destroys freedom, generates oppression, fosters inequality and promotes extremism.

Parliament not sovereign – Justice Khawaja

PRESS RELEASE: Dated: 3-July-2012 – Earlier today the Supreme Court released the detailed judgment in the Speaker’s Ruling case. On 19th June 2012, the Court had passed a Short Order, upholding petitions challenging the ruling of Speaker of the National Assembly, Dr. Fehmida Mirza. After the conviction of the former PM Yusuf Raza Gilani, the Speaker had to decide whether or not to make a reference to the Election Commission for Mr. Gilani’s disqualification. The Speaker decided that no question of disqualification had arisen, despite the PM having earned a conviction for contempt from the apex Court. Various petitioners, including PTI and PML-N challenged the Spreaker’s ruling. While hearing these petitions, the Court found the Speaker’s decision to be against the law and held that the PM did indeed stand disqualified to be a member of the Parliament. Today detailed reasons have been given for this order.

Continue reading Parliament not sovereign – Justice Khawaja

Parliament cannot discuss SC judges’ conduct: SC

Supreme Court has said PAC cannot carry out audit of apex judiciary as per Article 58.

According to a report presented to the Public Accounts Committee (PAC) on Tuesday morning three existing and twelve retired judges of the Supreme Court received two residential plots each worth millions of rupees in expensive sectors of the federal capital.

The Supreme Court (SC) refused to provide audit report details to the Public Accounts Committee (PAC) saying the Parliament cannot review judges conduct.

This was said in a reply written by Registrar Supreme Court to the Chairman Public Accounts Committee with the consent of full court bench of the Supreme Court in which it is mentioned that constitution prohibits PAC to call any official including Registrar of the apex judiciary, however President, being head of the state has the authority to decide about the consultative sphere of the Supreme Court, so the committee should consult President of Pakistan

If the committee is interested in a formal court order, it should approach the president , the letter said

The letter referred to Article 68 which said: “No discussion shall take place in [Majlis-e-Shoora (Parliament)] with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties”.

It is worth mentioning here that on the orders of former Chairman PAC Chaudhary Nisar Ali Khan, a letter was written to the Registrar Supreme Court for presenting its accounts before the committee, however it was not dispatched at that time. But new chairman Nadeem Afzal Chan ordered to dispatch it.

Courtesy: Dunya News Tv

http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9ODgxMzc=

Via – twitter

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More detials » BBC urdu

http://www.bbc.co.uk/urdu/pakistan/2012/07/120703_pac_judges_sa.shtml

Arsalan’s letter ‘threatening’: NAB

Islamabad: The National Accountability Bureau (NAB) Chief Fasih Bukhari has said that the letter Chief Justice’s son Arsalan Iftikhar sent to him was ‘threatening’.

Speaking to media on Saturday, Fasih Bukhari said that Arslan Iftikhar tried to influence the ongoing investigation against him, adding that notice will be taken in this regard.

“The letter is threatening, it uses threatening language,” said Bukhari

Earlier, Arsalan Iftikhar wrote a letter to NAB Chairman, expressing serious reservations over the conduct of the attorney general, and distrust in NAB as well as the FIA.

It is worth mentioning that both the organizations will carry out the investigation regarding the alleged financial impropriety involving Chief Justice Iftikhar Mohammad Chaudhry’s son Arsalan Iftikhar, and business tycoon Malik Riaz.

Bukhari told the media that a Joint Investigation Team (JIT) comprising the FIA, NAB and police among others had been formed to probe the Arsalan Iftikhar- Malik Riaz case.

He said the JIT will be headed by the NAB director general (DG) Financial Crime Investigation Cell, as per the order of the Supreme Court and the Attorney General’s letter.

Speaking on the issue of conducting an unbiased investigation, the NAB chief said, “It doesn’t matter if we know Malik Riaz or Nawaz Sharif, the investigation will be unbiased.” …..

Read more » Saach

http://www.saach.tv/2012/06/30/cjs-sent-threatening-letter-nab-head/

Chief Justice is responsible for the crisis – by Sikandar Mehdi

Justice (r) Fakhurddin J Ibrahim, a respected jurist also known to have close relationship with Nawaz Sharif & PML-N has very different opinion of CJs’ ruling while PML-N & PTI are trying to ride on the back of judiciary. On this program he openly criticized judiciary but after he left the show the ultimate Legal Expert Dr. Shahid Masood criticized him with some lame and frivolous examples.

Our media is acting like Toilet Paper of judiciary especially. Everybody criticized Iftikhar M****l except Pakistani media. All international media and especially Indian SC judge has openly criticized this Clint Eastwood style of Justice (Clint Eastwood had no PCO oath and definitely no son like Arsalan). Since the judicial coup not even a single international outlet has praised the decision but rather labelled it as ” REVENGE DECISION”. This farce called judiciary is bent on taking PPP government down but instead they are making heroes out of fallen leaders. Mr. Iftikhar m****l no matter what you do, you can never legally become president or the Prime Minister of Pakistan. Your wish can only be served by illegal means. It is matter of discussion, want you want to name it Bangladesh model, revolution, judicial restraint, National interest, but between you and the whole world, it will still be ILLEGAL.

Media pundits who have continuously spread right wing pro Taliban/Al-Qaeeda agenda are now the Legal experts too. Our supreme court is in hyper drive with Dual core Pentium 10 processor to derail democracy or at least weaken it. First I was of the opinion that instead of having all this democratic set up and continuous military interruptions, why not make COAS to be president of the country but now I think why not make CJ the president of the country and let him run this bloody show. Forget Bangladesh model, make a new Pakistani model. After 62 years of independence we are still searching for damn models. We had military governments, we had imported PM’s governments, we had technocrat governments, we had lota governments, we had Ameer ul Momineens and why the not this new thing. We love experimentation what the heck, have this Judge be the president, CJ, PM and do what ever he wants to do with this unfortunate country self proclaimed Fort of Islam, leader of Ummah country. Mr. CJ go a head and make Mullah Omar the president of country if it serves you better.

As the time goes by I fail to see any light left for democracy in this hell bound country. First this weak political government couldn’t provide par excellence governance but rather a bad performance, then on top of it we have this PCO loving judiciary backed by media and right wing political parties harking to shut down this democracy-wemocracy bullshit.

This social fibre of this country was destroyed by uneducated bearded mullah with its out of the world interpretation of religion and now we have this bloody new kind of BUFOONS ***** and **** who are interpreting constitution for us. God help us.

Fawad

Need to watch at least first 15 minutes renowned jurist & former judge of Supreme Court of Pakistan, Justice Fakhruddin G. Ebrahim says Parliament is Supreme and CJ is responsible for the crisis.

Faisla Aapka with Asma Shirazi, 26th June 2012

Courtesy: LUBP

http://criticalppp.com/archives/82076?utm_source=twitterfeed&utm_medium=twitter

Via – Siasat.pk » YouTube » Twitter

The Man With No Plan for Pakistan

Cricketer-turned-politician Imran Khan is not the messiah the country seeks.

BY SADANAND DHUME

Pakistan’s been a problem child for so long that even the dramatic appears mundane nowadays. Pakistani militants killed in drone strikes, the judiciary threatening to bring down an elected government—these are nothing new. But a poll released Wednesday ought to make even the most seasoned watchers sit up and take note. Pakistan’s frustrated population is growing ever more extremist, and many are starting to see a charlatan as their political savior.

The Pew Global Attitudes Project reveals that nearly three out of four Pakistanis view the United States as an enemy, up from about two out of three who felt … ….

Read more » The Wall Street Journal

http://online.wsj.com/article/SB10001424052702303561504577494242169308710.html

Imran Khan says beheadings in Swat are Pakistani propaganda

Courtesy: Dr. Danish with Imran Khan + Pakistani Tv channels + YouTube

Via – Twitter

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Read more » Taliban release video of beheaded Pakistani soldiers

More on beheadings of Pakistani soldiers » BBC

http://www.bbc.co.uk/urdu/pakistan/2012/06/120627_taleban_dir_video.shtml

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Pakistani Taliban release video of beheaded Pakistani soldiers. Warning: The content of this video is extremely graphic. The video shows the aftermath of the beheadings of 17 Pakistani soldiers.

Read more: http://www.longwarjournal.org/archives/2012/06/pakistani_taliban_re_3.php#ixzz1zDYyQEZH

Humor on current situation of Pakistan – 7th Nuclear Power

There Are Seven Nuclear Powers In The World.1st, 2nd, 3rd, 4th, 5th & 6th Nuclear Countries Are Thinking About How To Do Advancements In Space & How To Make A Permanent Station On Moon.

& The 7th Nuclear Power Is Debating On;

Load Shedding“, “Ramzan Ka Chand“, “Polio Ke Qatry Halal Ya Haram?”, “Iodine Mila Namak Aur Baanjh Pan?”, “Cheif Justice Hero Ya big Zero?” “Veena Malik”, “Rehman Malik”, “Riaz Malik“, “Tuk Tuk Misbah”, “Zubaida Aapa“,

Pakistan Zinda Baad, Pehlay Pakistan Sa Zinda Baag…

Courtesy: Pakistani e-lists, e-groups, 28 June, 2012.

The shadow of Zia (dictator’s ghost) still looms large over the Parliament

Rights activist and former Supreme Court Bar Association president Asma Jahangir.

Constitutional trap

By: Asma Jahangir

THE shadow of Zia still looms large over our political scene. Several parliaments and parliamentary committees have tried to exorcise this dictator’s ghost from the constitution but they never succeeded in rectifying all the ills. The current parliament is no different.

The committee drafting the 18th Amendment was urged time and again to do away with Zia’s crafty law that allows the disqualification of members of parliament. And now the PPP faces the consequences of its own omission as its prime minister is threatened with disqualification due to the Supreme Court judgment in the contempt case.

The SC has not convicted Prime Minister Yousuf Raza Gilani for obstructing the administration of justice but for ridiculing the judiciary. The court has been able to do this because of the law introduced by Zia. Article 63(g) is open-ended and can end up being used by the judiciary to persecute the politicians.

The law disqualifies anyone who has been convicted for “propagating any opinion or acting in any manner prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan…”

Very few would dispute that this article is problematic.

Continue reading The shadow of Zia (dictator’s ghost) still looms large over the Parliament

The Washington Post – Pakistan’s Supreme Court sets collision course with new prime minister

By Richard Leiby

ISLAMABAD, Pakistan–Pakistan’s Supreme Court on Wednesday demanded that the nation’s brand-new prime minister follow an order to reopen a long-dormant corruption case against President Asif Ali Zardari, setting up the likelihood of a continuing constitutional crisis.

The court last week disqualified from office Yousuf Raza Gilani, Pakistan’s longest-serving prime minister, whom it convicted of contempt in April because Gilani refused to follow the same order.

The ruling party replaced Gilani with a former federal energy chief, Raja Pervez Ashraf, who has already indicated he will not comply with the order and who faces his own set of corruption charges in a separate case before the high court.

Some political and legal observers have accused the court, headed by populist, corruption-battling chief justice Iftikhar Chaudhry, of working to destabilize an already-shaky civilian government. Ashraf and his predecessor maintain that the constitution grants the president immunity from prosecution, but the court has consistently ruled otherwise, saying no one is above the law. …..

Read more » The Washington Post

Judicial responsibility and organs of state

By Markandey Katju

After my article about the constitutional misbehaviour of the Pakistan Supreme Court was published in The Hindu (June 21), I received several queries and objections regarding it. Hence an explanation is called for, which I am giving below:

The first objection is that the British Constitutional principle, “The King can do no wrong” applies to a monarchy, not a republic. My answer is that I am well aware that Pakistan, like India is a republic. However, in both these countries, total immunity from criminal prosecution is granted to the President. Thus, Section 248(2) of the Pakistan Constitution states: “No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office.” Article 361(2) of the Indian Constitution is identically worded.

Continue reading Judicial responsibility and organs of state

‘Arsalan graft issue was a conspiracy’

LAHORE: Prominent lawyer and human rights activist Asma Jahangir said the Arsalan Iftikhar issue was a conspiracy hatched to threaten the judges, Geo News reported.

She was talking to reporters at the Lahore High Court. Asma said that the motive behind this was to wrap up the democratic setup and to threaten the judiciary, adding that those who created Tehrik-e-Insaf were the conspirators. …

Read more » The News

What to Do About Pakistan

BY C. CHRISTINE FAIR

With an “ally” in a state of perpetual dysfunction, it’s time for Washington to reconsider its options: containment or benign neglect.

Excerpt: …. “At long last, it seems, various agencies of the United States government have come to the conclusion that Pakistan cannot be changed. Islamabad’s behavior in the region will remain staunchly pegged to its antipathy toward New Delhi. It will pursue policies that threaten the integrity of the Pakistani state for no other reason but the chimerical objective of resisting the obvious rise of India, while clinging to the delusion that it is India’s peer competitor — despite obvious and ever-growing disparities. Finally, Americans are asking what Pakistanis have long concluded: How can the United States and Pakistan have any kind of positive relationship when our strategic interests not only diverge but violently clash?…….While some may view these offerings as unreasonable, reckless, dangerous, and irresponsible, it is equally fair to ask whether Washington’s decades of policies toward Pakistan have been unreasonable, dangerous, and irresponsible? Moreover, what good have they accomplished? While many policymakers and analysts are willing to bank everything on the gamble that Pakistan is too dangerous to fail, we should be willing to consider what failure would mean and the inherent costs and benefits of this happening. After all, when the Soviet Union fell, none of the worst fears materialized. And Pakistan is hardly the Soviet Union” ….

Read more »Foreign Policy (FP)

http://www.foreignpolicy.com/articles/2012/06/21/what_to_do_about_pakistan?page=0,1

The real reason for the rot – Mir Mohammad Ali Talpur

There is absolutely no challenge to what the army does or has done in the past and this too is a natural corollary of the genesis of this state

Nations are products of long historical and evolutionary processes; most present nation states evolved thus. But when states are formed on an artificial basis of contrived nationhood or on the basis of religion, as was the case with Pakistan, Israel and Yugoslavia, they of necessity turn into fascist states, dominated by a militarist ideology. Serb-dominated Yugoslavia denied rights to other nationalities and eventually imploded. Pakistan by claiming to be the legatee of the glory of Islam burdened itself with heavy historical baggage, but then it could not have done otherwise as it was that claim that it wanted to justify its artificial existence with. Consequently, Pakistani rulers in keeping with its elite’s interests curtailed national rights of different nationalities, and forced them to rally under the banner of religion and to accept its ideology by upholding their brand of Pakistani nationalism.

The Baloch, Bengalis, Sindhis and to a certain extent, the Pashtuns resented and resisted this imposition in varying degrees. The Bengalis having had the advantage of distance and a sympathetic neighbour went their separate way in 1971, while the Baloch after an initial period of freedom have borne the brunt of military operations because of their refusal to accept the artificially imposed ideology of a Muslim nation and have so far thwarted the attempts to crush their determination for a separate entity status. The Sindhis, at first taken in by state-sponsored ideology, gradually realised that their interests did not coincide and have resisted it though erratically at best since.

Continue reading The real reason for the rot – Mir Mohammad Ali Talpur