Pakistan turmoil deepens as court orders PM’s arrest

By Mehreen Zahra-Malik & Matthew Green

ISLAMABAD | Agency: Reuters – Pakistan’s Supreme Court ordered the arrest of the prime minister on Tuesday in connection with an alleged corruption scandal, ratcheting up pressure on a government locked in a showdown with a cleric who has a history of ties to the army.

The combination of the arrest order and a mass street protest in the capital Islamabad led by Muslim cleric Muhammad Tahirul Qadri raised fears among politicians that the military was working with the judiciary to force out a civilian leader.

“There is no doubt that Qadri’s march and the Supreme Court’s verdict were masterminded by the military establishment of Pakistan,” Fawad Chaudhry, an aide to Prime Minister Raja Pervez Ashraf, told Reuters. “The military can intervene at this moment as the Supreme Court has opened a way for it.”

Thousands of followers of Qadri camped near the federal parliament cheered as television channels broadcast news of the Supreme Court’s order to arrest Ashraf on charges of corruption, who took over in June after judges disqualified his predecessor. Pakistan’s powerful army has a long history of coups and intervening in politics.

These days it seems to have little appetite for a coup but many believe it still tries to exert behind-the-scenes influence on politics. The ruling coalition led by the Pakistan Peoples’ Party has weathered a series of crises with the judiciary and military over the last few years and hopes its parliamentary majority will help it survive until elections are called within a few months.

Arsalan Iftikhar case: Asma voices concern over one-man commission

LAHORE: Former president of the Supreme Court Bar, Asma Jahangir on Monday said that the officer tasked by the SC to investigate the Arsalan Iftikhar case has close ties with the chief justice’s son and cannot be trusted to conduct a transparent investigation, DawnNews reported.

Speaking to media representatives at the Lahore High Court (LHC), Jahangir remarked that the UK’s Scotland Yard should be called in to probe the Arsalan Iftikhar case if Pakistani institutions are deemed unreliable.

Jahangir alleged that Shoaib Suddle, the investigating officer, is also known to regularly attend Arsalan Iftikhar’s events, she said, adding that he could not be expected to conduct a transparent investigation into the case.

Pakistan’s apex court is investigating allegations of a Rs342 million business deal between Dr Arsalan, son of Chief Justice Iftikhar Mohammad Chaudhry, and business tycoon Malik Riaz.

On Aug 30, the Supreme Court had accepted a review petition against its own earlier order, appointing Federal Tax Ombudsman Dr Mohammad Shoaib Suddle as the one man-commission to probe the controversial case. The commission is required to complete the task in a month.

Criticising the court’s decision, Jahangir said that if there were any questions over the National Accountability Bureau’s (NAB) investigating team, then the team could have been changed instead of changing the whole verdict.

‘Pakistan fighting America, not Taliban’

Wichaar Desk

Islamabad: Pakistan is acting more effectively against the Americans than against the Taliban, an editorial in a Pakistani daily has said.

It is clear that Pakistan sees America as its enemy, not the Taliban whom everybody now believes to be the dominant factor in Karachi, the editorial in The Express Tribune said.

The ”logic” that shifts the onus of terror from the Taliban to the Americans is the assertion made by Pakistani officials that the Tehreek-e-Taliban Pakistan (TTP) is being sheltered and funded by the US from Afghanistan. To make the case more convincing, they add India to the ”evil conspiracy” against Pakistan even as efforts are being made to normalise ties with India, it said.

Judges should not govern country: India’s chief justice

NEW DELHI, Aug 25: Asserting that judges should not govern the country or evolve policies, the chief justice of India said on Saturday he wondered what would happen if the executive refused to comply with the judiciary’s directives.

Justice S.H. Kapadia asked judges if they would invoke contempt proceedings against government officials for not complying with their decisions and disapproved a recent Supreme Court judgment which said “right to sleep” was also a fundamental right.

“Judges should not govern this country. We need to go by strict principle. Whenever you lay down a law, it should not interfere with governance. We are not accountable to people.

Chief Justice of Pakistan, Iftikhar Chaudhry is a Mullah Omar of Pakistan; says Senator Faisal Raza Abdi

Language of the talk show is urdu (Hindi).

Courtesy: ARY News Tv (Talk show ‘Agar‘ with Aamir Ghori Faisal Raza Abdi – 24th August 2012)

Via » ZemTV » YouTube

How long and how many more liberals you will kill? You can crush all of us. But you can’t stop the spiring.

Pakistan’s musician Taimur Laal on massacres of liberals in the “Land of the Pure” by the “guardians of the Religion of Peace!?” Laal’s video on the trials, tribulations, and sacrifices of the people of Pakistan in the struggle against extremism in our society.  Religio-fascists! how do you claim that the battle is over in which we have not even taken the very first step! You can crush All of us. But you can not stop the spring.

Poet: Faiz Ahmed Faiz. Directed by Dr. Taimur Rahman.

Courtesy: Laal » YouTube

With friends like these

By Saroop Ijaz

The temptation to ignore Sheikh Rasheed is a strong one for the reason that he is a clown who thrives on cheap publicity and takes pride in his crudeness. Yet, the temptation should be fought off since he has now completed the transition from being a third-rate comedian to more like a roving, blood-seeking individual. Equally significantly, Sheikh Rasheed now deserves our contempt and attention not only for himself but also for those he seeks to associate with. He called for the Chief Justice to act like a common murderer and kill the president of the country, asked the Chief of Army Staff to intervene and take over and implored Mullah Omar (who he also termed Ameer-ul-Momineen) to be benevolent enough to allow Imran Khan to make his expedition into Waziristan in one speech. This is quite unbelievable even by the low and vulgar standards of the Sheikh. He should be locked up (for good, if possible) for incitement to murder and subversion of the Constitution and treason and not be allowed to pollute our airwaves unnecessarily while the process is being conducted. No elaborate case needs to be made against him and the video clip of his speech at Rawalpindi should be sufficient to send him away.

Zia’s legacy

PRECIOUS little happens in Pakistan that cannot be traced to the man who ruled over this country for 11 dark years of its existence. On the morning of Aug 17, exactly 24 years after his death, Gen Ziaul Haq’s presence was felt all the more poignantly. ‘Terrorists attack Kamra airbase’, ‘19 pulled out of buses, shot dead in sectarian attack’ at Babusar Top, ‘Zardari seeks Muslim countries’ assistance’ on Afghanistan. Rulers either side of Zia have contributed to this mad, unending dance of death that Pakistanis have been subjected to. But while the dictator may have found the soil fertile for cultivating his brand of hatred, he was so thorough in his execution of the self-assigned job and so heartlessly committed to his creed that he ensured that generations after him will find it impossible to escape his influence.

I am disgusted at what Zia did to Pakistan

By Omer Kamal bin Farooq

To begin with, I absolutely loathe generals in uniform running countries. No matter how incompetent the politicians are, how relevant the doctrine of necessity is and how much of a messiah the man in the boots is, there is something very corrupt and amoral about the whole thing.

I remember watching Ziaul Haq’s martial law speech for the first time as a teenager during the peak of the lawyers’ movements. As a child who grew up in Musharraf’s martial law, I, for the first time, was discovering terms like ‘judicial independence’, ‘supremacy of the constitution’, and the ‘primacy of democracy‘. I was caught up in the romance of all that.

Then I saw his speech in which he shamelessly went on about how “Mr Bhutto’s” government has been brought to an end, assemblies dissolved and ministers removed.

What flabbergasted me was how could a man say all this in one sentence and never stutter for once. How could he tell his “aziz humwatno” (dear countrymen) that they are inconsequential and their elected institutions and people are nothing more than fragile toys left to the whims of a badly brought up child?

But he did all this, never being weighed down by the burden of his own words. Heck, he even talked about the constitution in the last part of the sentence. So the constitution, head of the government, provincial and national assemblies, ministers and governors, all went in the same sentence and the man did not even show a modicum of remorse. Despite this, we all know who was hanged in the wee hours of the morning and who got the much celebrated state funeral only fitting for a national hero.

A lot has changed in the last five years since I saw the video of his speech. The lawyers are upholding the law by banning Ahmadi-owned soft drinks and showering cold-blooded murderers with rose petals. Even judicial activism has been harbouring on the fringes of judicial martial law, but one thing has remained constant; my disgust for what Zia has done to my country and what he stood for.

Sheikh Rashid, ex-minister & now Imran Khan’s ally, exhorts Iftikhar Chaudhry, Chief Justice of Pakistan, to “kill” President Zardari

Courtesy: Duniya Tv » YouTube

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Twitter

Dismissal of new PM would tantamount to breaking country: Gilani

LAHORE: Former Prime Minister Yousuf Raza Gilani has said that if anything happened to the new prime minister, it would tantamount to breaking up the country. He said that the court decision against him was also unconstitutional. Gilani said that writing a letter to Swiss authorities would go against the constitution. The former prime minister also said that if elected officials were to be dismissed by court decisions, then there would be no use for elections. Gilani said that the system should be allowed to continue. He also said that the judiciary is not a political party and that it should not have any agenda.

Courtesy: DAWN.COM

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Read – Elected officials can be disqualified in Pakistan, but unelected DG ISI, MI are above the law?

Kindness of Supreme Court – Realistic Voice

By: Humza Ikram

Excerpts;

….. But in contrast to the hopeful symptoms, when I listen to the constitutional experts, none of them is optimistic. All are arguing that in the presence of SC’s judgment expecting something different is reckless because the previous decision was given by 17 judges, but now the bench has been reduced to mere five, so it is impossible to defy the verdict of 17 over 5.

In this regard, Former CJ, Saeed u Zaman Siddiqui says there cannot be any change possible in the previous judgment; they eventually have to write the letter, there is no possibility of any other option. And then we heard another remark from the CJ to the public exclaiming that whatever the court has said, it will happen, nothing can be done against it. It seems as if he is dictating the Supreme Court sitting bench.

After listening all of them, it is obvious that there is no option left for the Government to provide any middle way, then why the Supreme Court has done this gag with the nation? Aren’t they aware of it? What was the need of giving 15 days hope to the nation? If it was not just a gag from the SC, then now it is the responsibility of Supreme Court to offer a possible solution. So, after a lot of contemplation that what will be the Government’s stance on 8th of August, seeing the evident thinking of CJ. There is no other possible way for the Attorney General that in spite of submitting any argument in the court, he should straight away sing a famous song from Dillip Kumar’s golden film Devdas before the honorable court:

PAKISTAN PERISCOPE – The case of exploding lawsuits

As the Supreme Court ups the ante against the new prime minister, the battle between various stakeholders in Pakistan is likely to get intense

By: Ayesha Siddiqa Independent Social Scientist

Excerpts

…. the most challenging act seems to be the case against Chief Justice Iftikhar’s son Arsalan Iftikhar. Allegedly, Arsalan blackmailed real estate tycoon Malik Riaz into paying him more than PKR 36 crore in bribe for getting favourable judgments in cases being heard in the Supreme Court. Although nothing has been definitely proven against him as yet, the glitterati of Lahore talk about Arsalan’s extravagant lifestyle, which comes as a surprise since he didn’t have a job three years ago. The Chief Justice comes from a humble background and claims to have no property, a statement that adds to the complexity of his son’s fortune. Riaz, who is considered as being close to both the military and Zardari, has continued to point fingers at Arsalan, his father and the entire family for extorting money and favours out of him.

The Arsalan-Riaz case is now being heard by the Supreme Court and probed independently by a Joint Investigation Team (JIT) comprising members from the country’s prime anti-fraud agency, the National Accountability Bureau, the Islamabad Police and the Federal Investigation Agency. Clearly, this is a card in the government’s hand that Chief Justice Iftikhar and his team of close aides seem to try to destroy by casting aspersions on the JIT’s credibility. It is not a coincidence that after every hearing by the JIT, there is an effort by the pro-Chief Justice wing of a certain media group to point fingers at the credibility of JIT. The effort increases around every hearing by the court or the investigating team.

The yet-to-be-proven case of extortion and the players involved in it make the head spin at the complexity of the case. According to sources, Riaz, who is reputed to be an “ISI asset”, could not have taken the risk of so brutally challenging the Chief Justice without taking the security establishment on board. The question is how does one juxtapose this assumption against another that the higher judiciary has the army’s support to destabilise the government?

Dictators and the Supreme Court

by: Mohammad Khan Sial

SINDH – KARACHI: The attorney general of Pakistan told a five-member bench of the Supreme Court of Pakistan headed by Chief Justice Iftikhar Muhammad Chaudhry on August 2, that the Supreme Court has always exonerated military dictators by targeting democratic governments. The attorney general’s comments are based on facts irrespective of intentions. I would humbly suggest that all the judges who have validated military dictatorships in the past should be tried for their decisions under Article 6 of the Constitution.

Courtesy: The Express Tribune, August 6th, 2012.

http://tribune.com.pk/story/417939/dictators-and-the-supreme-court/

Senator Faisal Raza Abidi demands Chief Justice’s resignation

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By Sidrah Moiz Khan

Abidi held Justice Chaudhry responsible for the alleged financial impropriety done by his son, Dr Arsalan Iftikhar

While hurling fiery allegations at Chief Justice Iftikhar Muhammad Chaudhry, Pakistan Peoples Party (PPP) Senator Faisal Raza Abidi on Sunday demanded a resignation from him and other judges who were reinstated under the Provisional Constitutional Order (PCO).

During a press conference in Islamabad, Abidi held Justice Chaudhry responsible for the alleged financial impropriety done by his son, Dr Arsalan Iftikhar.

The senator said that if the chief justice does not tender a resignation, then he will “force him out from the same way he had been restored as a judge.”

“He [Justice Chaudhry] says that he did not have any idea where his son got all that money from…I ask, when the case emerged, did you ask him where he got Rs900 million from?”

The senator produced bank account statements of Dr Arsalan and said that the person who used to “work under somebody else” now owns billions of rupees. He also showed that the billing address mentioned was that of the Chief Justice House in Islamabad.

“You [Justice Chaudhry] are to be blamed for this. This happened right in front of you. You cannot pretend to not know anything. Who gave Dr Arsalan the right to use government’s property for running his own businesses? Could he not rent out an office in some other area?

Arsalan-Iftikhar case: NAB dissolves JIT after SC’s concerns

ISLAMABAD: National Accountability Bureau (NAB) on Thursday dissolved the Joint Investigation Committee (JIT) which was investigating Arsalan-Iftikhar case after the Supreme Court had stopped it from conducting inquiry for two days, DawnNews reported.

A two member bench of the Supreme Court comprising of Justice Jawwad S Khawaja and Khilji Arif heard the review case of alleged corruption of Arsalan Iftikhar, son of Chief Justice Iftikhar Muhammad Chaudhry.

The Prosecutor General NAB K.K. Agha of the NAB informed the apex court that the accountability bureau will formulate a new team comprising of NAB’s officials.

In reference to yesterday’s court order of stopping the JIT to continue its investigation of the Arsalan –Iftikhar case after one of the members of the team Faisal Memon was accused of being partial, Agha said that “NAB has decided to formulate a new team comprising of its own officials.” Adding that, “the bureau does not doubt the credibility of Memon, but it is for the greater good that we form a new investigation team.”

On the petition of Malik Riaz’s attorney Zahid Bukhari, the apex court directed the investigation teams and other sub ordinate courts, who are dealing with other cases of Riaz and his family, to perform their duties without getting under pressure of the proceedings of Arsalan-iftikhar case.

The apex court subsequently adjourned the hearing for an indefinite period of time.

Courtesy: DAWN.COM

http://dawn.com/2012/08/02/arsalan-iftikhar-case-nab-dissolves-jit-after-scs-concerns/

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More details » BBC urdu

http://www.bbc.co.uk/urdu/pakistan/2012/08/120802_arsalan_nab_supreme_court_uk.shtml

Marvi Sirmed on Judicialization of Politics in Pakistan

Round table on Judicialization of politics organized by School of Political and Strategic communication (SPSC) Islamabad.

Courtesy: SPSC » YouTube

Arsalan Iftikhar and NAB

By Editorial

The crux of the Supreme Court’s cases against various PPP leaders has been the unassailable assertion that no one should be above the law, no matter how powerful they are. By not appearing before the National Accountability Bureau (NAB), Arsalan Iftikhar, the son of Chief Justice Iftikhar Chaudhry, has now gifted the PPP with the same argument. Arsalan contends that he did not receive any summonses from NAB, an excuse that will not wash, since all he had to do was pick up a newspaper to know that he was expected to appear before the body. Arsalan seems like the typical son of privilege, a man who has sailed through life by using his father’s name. He has to answer for his misdeeds and his stonewalling is merely delaying the inevitable.

Contempt law case: SC rejects federation’s request for full court

ISLAMABAD: The Supreme Court on Monday rejected the federation’s request of a full court to hear the petitions against the recently passed contempt of court law, DawnNews reported.

A five-judge bench of the apex court comprising Justice Iftikhar Muhammad Chaudhry, Justice Shakirullah Jan, Justice Khilji Arif Hussain, Justice Jawad S Khawaja and Justice Tassadduq Hussain Jilani heard the petitions against the new law.

Ousted PM Gilani’s son won by-election

Abdul Qadir Gilani wins by-poll from father’s constituency

MULTAN: The by-poll for the National Assmebly’s seat NA-151 (Multan-IV), vacated by former prime minister Yousuf Raza Gilani after being disqualified by the Supreme Court, has been won by his son Abdul Qadir Gilani, DawnNews reported on Thursday.

The main candidate, beside Gilani, who was contesting on Pakistan People’s Party (PPP) ticket, was independent candidate Shaukat Hayat Khan Bosan, who had informal support of both Pakistan Muslim League-Nawaz (PML-N) and Pakistan Tehrik-i-Insaaf (PTI), [– & Jamaat-e-Islami–].

Read more » DAWN.COM

Pakistan’s chief justice considering broad Internet/ media censorship at request of Jamaat-e-Islami & PTI

CJ takes suo moto notice of obscene TV shows, internet sites

By: Ansar Abbasi

ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry has taken notice of the applications filed by former Jamaat-e-Islami (JI) amir Qazi Hussain Ahmad and retired judge and PTI leader Justice Wajiuddin against growing vulgarity and obscenity in the society through electronic media, illegal Indian channels, cable network and internet.

Following the complaints from the two respected public figures, the Human Rights Cell of the apex court, following CJ’s direction, sought views from Chairman Pemra and Chairman PTA, both of whom, however, had given routine bureaucratic responses without any concrete assurance that the menace would effectively be checked and controlled. …

Read more » The News

http://www.thenews.com.pk/Todays-News-2-120964-CJ-takes-suo-moto-notice-of-obscene–TV-shows-internet-sites

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.

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.

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.

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.

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.

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.