Tag Archives: bypass

RIM Asked to Hand Over Memogate Data to Pakistan Court

By Tarek Fatah

this involves the private messages between two individuals and as such RIM is unlikely to share this data — if it exists — with Pakistan’s Supreme Court

Research in Motion (RIM) and the Canadian High Commission in Islamabad have become the latest actors in the so-called “memogate affairthat observers believe is a slow-motion palace coup by Pakistan’s military aimed at unseating the civilian administration of President Zardari.

In a decision on Friday, the Supreme Court of Pakistan ordered the country’s attorney general to demand RIM hand over BBM messages allegedly exchanged between the former Pakistan ambassador to the U.S., Husain Haqqani, and American businessman Mansoor Ijaz. The exchanges involve an unsigned memo handed over to to former American Chair of the Joint Chiefs of Staff, Admiral Mike Mullen, requesting U.S. intervention to stave off a military coup in Islamabad.

The latest tug of war between the government of President Zardari and his generals erupted on Oct. 11, 2011 when the Financial Times ran an op-ed titled “Time to take on Pakistan’s Jihadis.”

In the article, Mansoor Ijaz, a Pakistani-American businessman, claimed he was contacted by a Pakistan’s ambassador to the U.S., Husain Haqqani, and asked to contact Admiral Mullen to prevent a military coup from taking place in Pakistan. The military was outraged and wanted heads to roll. Ijaz wrote:

Early on May 9, a week after U.S. Special Forces stormed the hideout of Osama bin Laden and killed him, a senior Pakistani diplomat telephoned me with an urgent request. Asif Ali Zardari, Pakistan’s president, needed to communicate a message to White House national security officials that would bypass Pakistan’s military and intelligence channels.

As evidence, the American businessman handed over copies of his alleged BlackBerry message exchanges with Haqqani to Pakistan’s feared military intelligence force, the ISI. On his part, Haqqani categorically denied that he had asked Ijaz to draft any message and dismissed the messages cited by Ijaz as a fabrication.

As a result of the controversy, Ambassador Haqqani — a man not liked by his country’s jihadis, whether civilian or military — was forced to resign his post and ordered back to Pakistan, where he was placed under security watch and barred by the military from leaving the country.

The country’s parliament set up a commission to get to the depth of the matter, but this inquiry was upstaged by opposition politician Nawaz Sharif who took the matter to the country’s Supreme Court that is closely allied to the country’s military generals.

Pakistan Supreme Court

Last Friday, the Supreme Court ruled that there was merit in the complaint against Haqqani and set up a three-member judicial commission that will report back in four weeks to determine the guilt or innocence of the former Boston University professor and Pakistan’s most prominent diplomat in the last four years.

At the crux of the matter is the authenticity of of the BlackBerry messages that were allegedly exchanged between the two men.

In its decision on Friday, the Pakistani Supreme Court ordered the country’s attorney general to get in touch with Research In Motion in Waterloo, Ontario to secure from RIM the data verifying the validity of the alleged BlackBerry conversation between Haqqani and Ijaz.

In an unprecedented move, the Pakistani Supreme Court stepped beyond its jurisdiction to direct the Canadian High Commissioner in Islamabad, ordering it to facilitate in the securing the data from RIM.

In August 2010, Research In Motion was pressured by the Indian government to allow it access to data exchanged on its BBM messenger service. RIM resisted that pressure and the two parties came to a resolution. However, that involved BlackBerry messages within India, not overseas.

RIM ended up ready to compromise on the privacy of corporate customers to placate Indian regulators. Saudi Arabia and the United Arab Emirates too threatened to shut off BlackBerry services unless RIM opened its encrypted client data for the sake of national security.

However, in this case, the alleged exchanges between the Pakistani Ambassador and the American businessman were conducted in the United States, not Pakistan. Unlike the Indian request, this involves the private messages between two individuals and as such RIM is unlikely to share this data — if it exists — with Pakistan’s Supreme Court.

In addition, the Supreme Court ordered former ambassador Husain Haqqani to not leave the country, thus placing him in virtual house arrest. Haqqani, fearing for his life at the hands of the military and jihadis, has now taken refuge inside the Prime Minister’s residence in Islamabad.

Dark day for Pakistan

Haqqani’s counsel in the case, prominent human rights lawyer Asma Jahangir reacted with shock at the Supreme Court decision, labelling it a “dark day” for the country’s judiciary.

Ms. Jahangir a former president of the country’s Supreme Court Bar Association and the United Nations Special Rapporteur on Freedom of Religion, said the decision was evidence Pakistan’s civilian government had for all practical purposes come under the thumb of the army.

Speaking to the media outside the Supreme Court on Friday, Ms. Jehangir said that the court’s judgment in the “memogate scandal” had forced her to wonder whether Pakistan’s judiciary represented the people of Pakistan or the country’s (military) establishment.

Two days later Jahangir announced that in protest at the high-handedness of the Pakistan Supreme Court, she was stepping down as counsel for Husain Haqqani. She alleged the judges of the Supreme Court were acting “under the influence of the [Military] establishment” and not in the cause of justice or due process.

A noose around Haqqani’s neck

She told Karachi’s DAWN Television she was stepping down because the only outcome left was a noose around Haqqani’s neck. She said:

“If nine judges of the Supreme Court can be under their [military] influence, then I am sorry to say I cannot have any expectations from three judges, who are subordinate to the same Supreme Court judges.””Should we close our eyes? Should we allow ourselves to be fooled?… I have told my client [Haqqani] he can appear before the commission if he wishes to — and he will go–but I have no confidence at all in the [judicial] commission.”

Continue reading RIM Asked to Hand Over Memogate Data to Pakistan Court

Dawn: Nadeem F. Paracha on the shadow of 1980s thinking on Pakistan’s military establishment

Thick muck – By Nadeem F. Paracha

The parameters and paranoia of the bygone Cold War just refuses to evaporate from the psyche of Pakistan’s military-establishment. That war might have folded with the folding up of the Soviet Union in 1991, but it seems Pakistan’s military-establishment is still largely stuck (albeit willingly) in the thick muck that this war threw up in this region in the 1980s.

Continue reading Dawn: Nadeem F. Paracha on the shadow of 1980s thinking on Pakistan’s military establishment

The biggest hurdle to the better future of Pakistan

Survival of the self-centered

By Badar Alam

Excerpt:

…. In another indication that the army continues to overstep institutional boundaries, the press release has invoked popular endorsement for the army. The question is why it needs such an endorsement if it is carrying out its official functions of maintaining national defence and internal security as it should. Is it hankering after direct public support because it does not operate under a constitutional arrangement in which a people’s will is solicited and channeled into the policies of the government through democratically elected institutions? Effectively the army has become a supra-constitutional organisation that bypasses, and sometimes also subverts, the writ of the people in their very name.

If the army is a government department, with its rights and responsibilities laid down under the constitution mandated by the people of Pakistan, does it then perform as a government department? No, it is not. Postal services, for example, do not set ideological goals for them and they do not seek direct public support in discharging their duties; they just deliver letters as they are supposed to do under the legal, institutional and constitutional provisions that govern their functioning.

The army, indeed, needs to do what it is supposed to do under the law and the constitution – and that excludes a lot of what it is doing now. First and foremost, it needs to start observing its institutional limits and stop talking and acting beyond its constitutional mandate. If it cannot do that, and it seems it does not want to, no amount of loud declarations about its pious intentions and even louder condemnations of the ‘divisive designs’ of its alleged detractors will improve its image and performance.

To read complete article: DAWN.COM

AT activists protest against reopening of C-J canal

HYDERABAD, July 21: Activists of the Awami Tehreek staged a sit-in for six hours on the National Highway at Hatri bypass here on Wednesday in protest against reopening of the Chashma-Jhelum link canal, release of water into Greater Thal canal, proposed construction of Bhasha-Diamar dam and tribal. A large number of men, women and children, raised slogans against what they called a theft of Indus water.

Speaking on the occasion, chief of the Awami Tahreek Rasool Bux Palijo said that Sindh was the creator of Pakistan but it was being pushed against the wall. He said Sindh was passing through the worst phase of its history and alleged that the government wanted to destroy the province.

The government was following an international conspiracy against the country, Mr Palijo said and added that rulers had always acted against the interests of the country under the dictates of foreign powers. He expressed solidarity with all the oppressed nations of the world. …

Read more >> DAWN