Tag Archives: bais

Is this Justice???

Pakistan Peoples Party Washington DC condemns the decision made by Supreme Court against elected prime minister of Pakistan Syed Yousaf Raza Gillani.

In their statement PPP said that PM was just following the constitution of Pakistan.

It also noted with disappointment that while no dictator had been punished for suspension and abrogation of the Constitution a democratically and terorist like Malik Ishaq had been granted bail but an elected Prime Minister had been sentenced for upholding the Constitution. They also criticize media’s role in being a cheer leader of right-wing, Islamist politicians and populist judges is an unfortunate departure from its often stated role of being a “fair and balanced” presenter of the news and of informing the public.

PPP demands Supreme Court to invest time in issues which are concern to Pakistan and its people such as Younas Habib case instead of becoming a tool to destabilize democracy in country.

The participants of meeting said that Mr. Nawaz Shrif must remember his past actions before suggesting PM to resign as it is not PPP who attacked Supreme Court but was Mr. Shrif and his party members. The participants also noted that it is about time for Sharif brothers to support democracy in Pakistan as federation and stop beating provincial band.

The meeting of the PPPUSA congratulated the Prime Minister over his stance in defending the Constitution.

Meeting was attended by:

Senator Mohammad Akbar Khawja, Ali Nawaz Memon, Sr.Vice President PPP USA, Syed Iftikhar Zaidi, Sr.Vice President PPP USA, Masood Zakria Ch., Additional Sec Gen PPP USA, Dr. Javed Manzoor President PPP USA, Jawad Shirazi, Sr.,Vice President PPP Washington DC, Mansoor Qureshi, Sec. General PPP Washington DC, Munirullah Butt, Syed Imran Zaidi, Sec. Information PPP Washington DC, Junaid M Choudhary, Ali Awan, Junaid Chudhry, Haider Asghar, Jaffer Shah, Nawazish Shah

The military-backed judges and a section of media and politicians acting against the PPP leadership as instruments of power and negotiation through the decades

A question of accountability

By Raza Rumi

The inevitable has happened. An assertive judiciary has convicted the prime minister even if the punishment was token — awarded for non-compliance of court orders. The prime minister’s counsel, Aitzaz Ahsan, has objected to the judgment saying that the punishment awarded was beyond the scope of his original indictment. There are multiple legal questions surrounding this decision and only the full judgment will clarify matters. However, it is the political ramifications of judicial assertion, which are of import in today’s Pakistan.

The PPP’s victim card — of being wronged by the establishment and the courts — is not entirely unfounded. Yet, this Supreme Court is not the court of the past. The lawyers’ movement (2007-9) allowed for an unprecedented populist backing to the courts and now many vested interests and groups deem the courts a natural ally in their own quest for independence, leverage and profits.

Public officials must be held accountable for their transgressions. This is vital for effective governance as well as for building legitimacy of democratic institutions. In purely technical terms, the Court’s decision is a welcome one. No longer can the executive be allowed to trample on judicial orders. After all, a letter to the Swiss authorities seeking the reopening of a case against President Asif Ali Zardari may have averted the crisis. Presidential immunity in the international and domestic laws is a given. However, in hindsight, this was a great opportunity for the PPP to underscore the fact that it is always the victim of selective accountability.

The cases against President Zardari and twice-elected Prime Minister Benazir Bhutto were registered by their political opponents, i.e., military-backed arbitrary presidents; and the main opposition party, which till 1999 was on the right side of the establishment. This context cannot be divorced from the legal aspects of the case. That said, at the end of the day the courts decide on issues of law and fact. The truth is that the Pakistani state has used cases against the PPP leadership as instruments of power and negotiation through the decades. This is why the perception within the PPP support base especially in Sindh (and now southern Punjab) is that the court’s verdict is not a ‘fair’ one given that other political parties and state institutions have gotten away with far worse.

As for the Supreme Court, it has done its job according to its interpretation of the Constitution and law. That, however, will not prevent the PPP from using the conviction to ramp up its support, especially with the next election around the corner.

Moving on, the role of some TV channels and anchors in acting as lawyers, judges and prosecutors has been most worrying. Legal issues require informed debate and political commentary requires objectivity. Both were missing before and after the Supreme Court verdict. This brings us to the vital issue of accountability of the new players in the power game.

The higher courts are accountable via the Supreme Judicial Council. The latter’s record has not been encouraging, as far as holding members of the superior judiciary accountable is concerned. Similarly, the media — or large segments of it — acts as if it is not accountable to any authority.

Continue reading The military-backed judges and a section of media and politicians acting against the PPP leadership as instruments of power and negotiation through the decades

BBC – How Gilani turned contempt case from catastrophe to triumph

By M Ilyas Khan, BBC News, Islamabad

Excerpts;

Slogans of triumph

….. For today’s hearing, the prime minister wore the Pakistani national dress — shalwar trousers, kameez shirt and shervani, a Nehru-collared black long coat.

Accompanied by his cabinet colleagues and allied party leaders, he drove up to the outer precincts of the Supreme Court building from where he walked to Courtroom No 4 where the trial was held.

He appeared in a relaxed mood as he waved to dozens of sympathisers who had gathered outside the court.

Within the court, after the guilty verdict had been read out to him, he completed his custodial term within the space of a single four-word sentence uttered three times over; “A submission, my lord.”

The rising bench paid him no heed.

Moments later, he walked out a free man, greeted by women activists of his PPP party with loud slogans of triumph.

So in a way, the high drama that surrounded the early stages of this trial ended in a whimper.

But did this come as a surprise?

For those who have kept an eye on the overall political, economic and security situation of the country, it didn’t really.

Scandal subsided

Over the past couple of years, a perception has been growing that the country’s top judiciary has been selective in its judgements, dealing harshly with the PPP leadership but being soft on the military and some opposition politicians.

The PPP, which has traditionally been mistrusted by the country’s powerful security establishment, bided its first three years in office lying low, trying to survive.

It decided to strike back in December when the memo scandal broke out.

This revolved around a controversial memo which a former Pakistani ambassador to the US was accused of having initiated, allegedly at the behest of President Asif Zardari, to invite US intervention to prevent a possible military coup.

When the Supreme Court took up the case, questions were raised over the role the military had played in bringing that scandal to the fore.

Subsequently, Prime Minister Gilani, in unprecedented remarks in late December, told the parliament that while the civilian government had stood side by side with the military in difficult times, “they (the military) can’t be a state within the state“.

Given the PPP’s potential to ignite protests across large parts of the country, the army apparently backed down, allowing the memo scandal to subside.

The contempt of court case against Mr Gilani appears to have met the same fate.

It came at the height of the PPP’s tension with the military and the judiciary.

It was centred on an earlier judgment of the court that asked the government to write a letter to the Swiss government to re-open a corruption case against President Zardari which had been closed.

The prime minister was charged with contempt for failing to write that letter.

Prolonged trial

As the memo case went on the backburner, the contempt case also began to lose steam.

From the early expectations of a quick and harsh judgment, the case eased into a prolonged trial that has stretched over three months.

Many believe that through its order today, the court has tried to put an end to an increasingly difficult situation and has left the matter of Mr Gilani’s disqualification to others, whoever they might be – the parliament, the media, the political opposition.

Continue reading BBC – How Gilani turned contempt case from catastrophe to triumph

Today, Imran Khan asked for PM’s resignation for the implementation under Article 63 but what he was saying about the same article before, watch this!

The language of the video clip is urdu (Hindi).

» YouTube

PM not convicted according to charge: Aitzaz

ISLAMABAD: The counsel for Prime Minister in the contempt of court case Aitzaz Ahsan said Thursday that the Supreme Court charged Gilani for scandalizing the court which was not in the charges framed.

“The prime minister was not convicted according to charges,” Aitzaz told reporters during a news conference alongside Information Minister Qamar Zaman Kaira. ….

Read more » Geo Tv

‘Memogate’ commission should examine existing evidence, not create new evidence

By Beena Sarwar

What is ‘Memogate’? The ‘memo’ in question is a letter allegedly written at the behest of Pakistan’s President by the Ambassador to Washington Husain Haqqani, asking USA to prevent a possible military coup in Pakistan after US Navy Seals killed Osama bin Laden in Abbottabad, Pakistan on May 2, 2011. Haqqani denied the allegations, sent in a letter offering to resign in order to facilitate an impartial inquiry, and returned to Pakistan to clear his name. Instead, he found his resignation letter accepted. The Supreme Court barred his exit from Pakistan. He has been forced for his own safety to confine himself first to the Presidency and then to the Prime Minister House. On Dec 30, 2011, The Supreme Court in response to a petition against the ‘memo’ formed a three-member judicial commission to look into the matter that the media has dubbed as ‘memogate’.

Asma Jahangir, counsel for Husain Haqqani and former Supreme Court Bar Association President, has refused to appear before the commission saying that she does not trust the judiciary. She has said that instead of forming a commission to create or produce new evidence the Supreme Court should have looked into the evidence placed before it to decide whether there was a prima facie case and whether the court could proceed to enforce any fundamental rights by making a binding order.

The entire affair appears to be geared towards undermining the democratic political process in Pakistan – specifically at targeting President Asif Ali Zardari, using Husain Haqqani as a vehicle. Asma Jahangir has unequivocally termed the Supreme Court’s judgment as a victory for the military that has run affairs in Pakistan for decades and is obviously still all-powerful behind the scenes.

Asma Jahangir has argued that the Supreme Court had no right to bar Haqqani’s travel abroad. Nor does Supreme Court or the judicial commission set up, have the right to demand Blackberry (RIM) data without due process of law. No server (BU or RIM) should share data with Commission, which is essentially pursuing a political dispute, not criminal charges. The judiciary seems to be ruling on the basis of national security ideology instead of constitution and law.

Continue reading ‘Memogate’ commission should examine existing evidence, not create new evidence

Why is Nawaz Sharif paving the way for military establishment through Supreme court?

PPP Needs To Re-evaluate It’s Policies

By Aziz Narejo

Excerpt;

…. Most analysts agree that the real Pakistani rulers since last 60+ years are now fed up with President Zardari [and PM Gilani] & that they are not willing to put Nawaz Sharif in the driving seat either. Why then Mian Nawaz Sharif has taken it upon him to dislodge Zardari/Gilani govt through Supreme Court? Does he have any false assurances or any illusions or is he unwittingly paving the way for military establishment’s hand-picked man, Imran Khan, to gain power?

Presence of Osama bin Laden next door to Pakistan’s premier military academy in Abbottabad was a smoking gun against military establishment. They kept lying. No accountability. When elected PMs wanted peace with India, they were either overthrown or sabotaged with conspiracies like the abortive Kargil offensive. When an elected president talked of an agreement on no-first use of atomic bomb & industrial zone on the borders with India, they planned terrorist attack in Mumbai. They have been defeated in all the wars with India but have conquered own country FOUR times & are eating away most of country’s budget & have become biggest industrial & commercial enterprise in the country.

They killed, raped & injured hundreds of thousands of people in Bengal yesterday & are repeating the same in Balochistan today, no questions asked. Murder of Bhuttos, Bugti & several more is on their hands.

Thousands have sacrificed for an end to military role but their sacrifices seem to have gone in vain as they again are staging comeback using anti-American bogey today. What a waste!

Courtesy » Indus Herald

http://indusherald.blogspot.com/2011/12/ppp-needs-to-re-evaluate-its-policies.html

States formed on the basis of religion can never survive a peaceful future (Bertrand Russell) e.g; Pakistan and Israel!

Pakistan’s identity war — II

By Saleem H Ali

What does it mean to be an Islamic state? Was there ever such an entity? Can modernity, as it pertains to developing a functional society in a globalised world, be realised within the context of a theocracy? These are fundamental questions which Pakistanis need to resolve, within this generation, in order for Pakistan to develop and reach its potential.

Pakistan shares the distinction, along with Israel, as being one of only two states to have been crafted, in the post-colonial worlds, on the basis of religion. In both cases enormous migrations were involved with questionable legitimacy for the migrants. The ‘muhajir’ identity continues to be perpetuated, as such, on this basis. The creation of both Israel and Pakistan present a perplexing paradox: Created on the basis of religion, their champions were largely secular individuals. The founders of Zionism as a political force, such as Israel’s first prime minister, David Ben Gurion, were secular. So too were Pakistan’s founders, most notably the Quaid-i-Azam. I would argue that Ben Gurion and Jinnah made a dangerous bargain when it came to conflating cultural identity on the basis of religious adherence.

Pakistan and Israel — two states which don’t recognise each other diplomatically — are facing a similar radicalisation because of that initial crisis of identity which was never fully resolved. Theocratic forces are gaining power in both countries. …

Read more : The Express Tribune