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.

A Peaceful Islamic Revolution in Pakistan?

By: Malik Siraj Akbar, Editor in Chief, ‘The Baloch Hal’

A Pakistani Muslim scholar with Canadian nationality has announced to transform Islamabad into “the world’s biggest Tahrir Square” on January 14th ahead of this year’s upcoming general elections. Dr. Tahir-ul-Qadri, a cogent public speaker, has made an abrupt but a robust comeback in Pakistan’s politics after spending nearly five years in Canada. Qadri, previously an unpopular politician but still a cleric with a large following of religious disciples, is asking for electoral reforms prior to the next polls.

There are two fundamental problems with Qadri’s demand.

First, he has given an absolutely unrealistic ultimatum of mere two weeks to the ruling Pakistan People’s Party (P.P.P.) to carry out vague electoral reforms, for example to ensure the election of ‘honest people’ to the parliament. In order to conduct these reforms, Dr. Qadri, while citing the Article 254 of the Pakistani constitution, justifies the postponement of the general elections which are expected to take place in May. The mainstream political parties, such as the P.P.P. and the Pakistan Muslim League of former Prime Minister Nawaz Sharif, want to go for elections without any interruptions soon after the completion of the current term of the parliament because they oppose any kind of derailment of the democratic process.

Second, Dr. Qadri is asking for representation for the powerful Pakistani military and the politically active judiciary in the interim government, a demand that clearly clashes with the very spirit of democracy.

Excerpt of Naseer Memon oped published in Sindhi Daily Kawish on the issue of controversail local govt. law

Creation of Metropolitan Corporations

· Government will create Divisional Head Quarter of Karachi, Hyderabad , Sukkur, Larkano and Mirpurkhas as Metropolitan Corporations But Karachi Metropolitan will be consist of five districts [Note: only Karachi is different from all other Metropolitan all other metro will be consists of only one district while Karachi five]

According to 1998 census MQM has only majority in two districts out of five. If Karachi Metro consists of five District Councils then MQM can have control on only two district councils and they cannot even win mayor ship of Karachi Metro! So MQM knowingly using this Ordinance created Karachi Metro based on five districts instead of 18 towns.

· Union Council boundaries with in the Metro area cannot stretch into any Talku or town

Please note that this doesn’t apply to Town boundaries, there are 5 districts and 18 towns are in Karachi. 18 towns were created in dictator Gen. Musharaf period gerrymandering so that MQM elect their Mayor. It was not possible before since out five districts MQM can only elect two districts only.

This also shows that Karachi is different from other Metro areas.

· Through this ordinance Mayor and Chairman have authority to remove encroachment and maintain peace using Criminal Procedure Code 109, 133, 143, 144 and 145 under the Police act of 1861 and under section 30A-34B. Also they have section 144 under their authority.

Using this authority MQM Bulldoze any Sindhi area, do not allow any political rally and activity, remove any flood relief camps etc.

· Using their financial resources councils have authority to create any new department

Obviously only Karachi and Hyderabad has revenue to create any new department. We already had seen how MQM created city police by recruiting its entire party worker. Rest assured how will these departments server the city.

· Using this ordinance Deputy Commissioner office becomes irrelevant and all the powers are transferred to Chief Officer, who reports to Metro Government. Only revenue matters left to DC office but Karachi will be different again.

Now you can imagine how MQM will utilize Chief Officer Office.

· Financial grant of Metro based on its financial needs, revenue potential and revenue generation

In other words since Karachi and Hyderabad generate most the revenue hence they need more money and rest of Sindh will go to hell. There is no parity for poverty which considers in federal divisible pool.

· Using this Ordinance there are many departments moved to Metro area but most consequential are primary education and fisheries

If Karachi metro can regulate primary education it means the small number of Sindhi medium school running will be closed and there will be no new sindhi medium school will open. Also fisheries department transferred to Karachi Metro mean they will regulate all the harbors where majority of Balochs and Sindhi currently works. They will also not allow any new fishermen housing society in future.

· Military dictator Gen. Musharaf police Ordinance only reactivated in Karachi only, rest of Sindh will still in 1861 act

Courtesy: Sindhi daily Kawish, 05 October, 2012

Via – World Sindh Congress (WSC) facebook wall.

Former Pakistani Army Chief “Musharraf is an adulterer, drunkard of the highest order” – Says Dr. A.Q. Khan

Dr. Abdul Qadeer Khan says: “Musharraf awwal darjay ka zaani, sharaabi hai” (“Musharraf is an adulterer, drunkard of the highest order”).

Courtesy: DAWN NEW TV » Faisla Awam Ka with Asma Shirazi

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.

A country lost

By: Cyril Almeida

IT began with the flag. A strip of white slapped on, but separate and away from the sea of green — the problem was there from the very outset: one group cast aside from the rest.

A more prescient mind would have thought to put the white in the middle, enscon-ced in a sea of green, a symbolic embrace of the other.

But why blame the flag?

It began with the founding theory.

A country created for Muslims but not in the name of Islam. Try selling that distinction to your average Pakistani in 2012. 1947 was another country and it still found few takers.

Pakistan’s dirty little secret isn’t its treatment of non-Muslims or Shias or the sundry other groups who find themselves in the cross-hairs of the rabid and the religious. Pakistan’s dirty little secret is that everyone is a minority.

It begins with Muslim and non-Muslim: 97 per cent and the hapless and helpless three. But soon enough, the sectarian divide kicks in: Shia and Sunni. There’s another 20 per cent erased from the majority.

Next, the intra-Sunni divisions: Hanafi and the Ahl-e-Hadith. Seventy per cent of Pakistan may be Hanafi, five per cent Ahl-e-Hadith.

Then the intra-intra-Sunni divisions: Hanafis split between the growing Deobandis and the more static Barelvis.

And finally, within the 40 per cent or so that comprise Barelvis in Pakistan, there’s the different orders: the numerous Chishtis, the more conservative Naqshbandis and the microscopic Qadris.

In Pakistan, there is no majority.

There’s the terror that every minority lives in: non-Muslim from Muslim, Shia from Sunni, Barelvi from Wahabi, secular Sunni from rabid Barelvi — the future is now and it is bleak.

Some mourn the passing of Jinnah’s vision and seek solace in his Aug 11 speech. But there never was an Aug 11 version of Pakistan: it was stillborn, killed off by the religious right as soon as it was articulated.

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

Isn’t it strange that he consider vulgarity on TV to be Haram [unIslamic] and immoral. However, the income he pocket every month from this vulgarity is Halal and moral!

Letter to Ansar Abbasi on vulgarity

By: Farooq Sulehria

Dear Mr. Ansar Abbasi,

When I recently heard about your latest crusade against vulgarity and obscenity, planned in connivance with our puritan Chief Qazi, I could not help laughing aloud.

By moving the Supreme Court against obscenity and vulgarity on television channels, you have indeed exposed the bankruptcy of the Moral Brigade’s policing of women’s bodies.

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

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

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.

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/

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.

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

CJ Iftikhar Chaudhry should be asked to appear before Parliamentary Committee on Rules of Procedure and Privileges

In the light of recent commentaries by leading Pakistani and international lawyers including but not limited to Asma Jahangir, Justice Markandey Katju [Listen Justice Markandey’s interview at BBC urdu] (Indian Supreme Court), Saroop Ijaz etc, it is evident that Supreme Court of Pakistan has violated not only national constitution but also attacked the very foundation of parliamentary democracy in Pakistan.

Former Indian Supreme Court judge Justice Markandey Katju, writing in The Hindu recently, questioned what he said was the “lack of restraint” on the part of Pakistan’s superior judiciary. Justice Katdue wrote: “In fact, the court and its Chief Justice have been playing to the galleries for long. This has clearly gone overboard and flouted all canons of constitutional jurisprudence”. He said that Article 248, Clause 2 of the Pakistani Constitution very clearly states: “No criminal proceedings whatsoever shall be instituted or continued against the President or governor in any court during his (or her) terms of office”. He then went on to ask that if this is the case, how could a court approach what is a settled provision in the “garb of interpretation”?

The Pakistan Constitution draws its basic structure from Anglo-Saxon laws, which establishes a delicate balance of power among the three organs of the state — the legislature, the executive and the judiciary. However, in recent past, particularly since April 2012, Pakistan’s top judiciary led by Chief Justice Iftikhar Chaudhry has encroached into the elected parliament’s domain. This situation is not only a violation of Pakistan’s constitution but violates privilege of the elected parliament.

In his desire to become a saviour and hero of Pakistan, CJ Chaudhry has become a tool in the hands of politicians and media, and is through his actions and verdicts hurting Pakistan’s very security and stability.

Lawyer Saroop Ijaz writes:

What not even a “soft apology”? Pentagon chief all but rules out apology for Pakistan

Pentagon chief all but rules out apology for Pakistan

By Phil Stewart

WASHINGTON: (Reuters) – Defense Secretary Leon Panetta all but ruled out an apology over an air strike last year that killed 24 Pakistani soldiers and badly set back efforts to improve U.S.-Pakistani ties, saying it was “time to move on.”

Pakistan banned trucks from carrying NATO supplies into neighboring Afghanistan after the air strike, a move that costs U.S. taxpayers $100 million a month given the need to use more expensive, longer routes to the north.

To re-open the routes, Pakistan wants to impose high tariffs on NATO supplies and Foreign Minister Hina Rabbani Khar said last week that Islamabad is still seeking an unconditional apology.

But Panetta, in an interview with Reuters on Thursday, suggested that past expressions of regret and condolences were enough and held out hope that troubled talks on re-opening Pakistani supply routes for the NATO war effort could succeed anyway.

Asked whether he would oppose any further apology, Panetta said: “We’ve made clear what our position is, and I think it’s time to move on.”

“If we keep going back to the past, if we keep beating up each other based on past differences, we’ll never get anywhere,” he said.

“The time now is to move forward with this relationship, on the (supply routes), on the safe havens, on dealing with terrorism — on dealing with the issues that frankly both of us are concerned about,” Panetta said. ….

Read more » Reuters

Pakistani Supreme Court has gone overboard – says Justice Markandey Katju (Supreme Court of India)

It has no right to dismiss a Prime Minister or overrule the constitutional immunity given to the President

By: Markandey Katju

When I was I was a student of law at Allahabad University, I had read of the British Constitutional principle ‘The King can do no wrong’. At that time I did not understand the significance of this principle and what it really meant. It was much later, when I was in law practice in the Allahabad High Court, that I understood its real significance.

The British were experienced and able administrators. They realized from their own long, historical experience that while everybody should be legally liable for his wrongs and made to face court proceedings for the same, the person at the apex of the whole constitutional system must be given total immunity from criminal proceedings, otherwise the system could not function. Hence the King of England must be given total immunity from criminal proceedings. Even if he commits murder, dacoity, theft, or some other crime, the King cannot be dragged to court and made to face a trial.

One may ask why should the King be given this immunity when others are not? The answer is that in the practical world one does not deal with absolutes. The British were one of the most far sighted administrators the world has known. They realized that if the King is made to stand on the witness box or sent to jail, the system could not function. A stage is reached at the highest level of the system where total immunity to the person at the top has to be granted. This is the only practical view.

Following this principle in British constitutional law, almost every Constitution in the world has incorporated a provision giving total immunity to Presidents and Governors from criminal prosecution.

Thus, Section 248(2) of the Pakistani Constitution states:

“No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office.”

The language of the above provision is clear, and it is a settled principle of interpretation that when the language of a provision is clear the court should not twist or amend its language in the garb of interpretation, but read it as it is.

I therefore fail to understand how proceedings on corruption charges (which are clearly of a criminal nature) can be instituted or continued against the Pakistani President.

Moreover, how can the court remove a Prime Minister? This is unheard of in a democracy. The Prime Minister holds office as long he has the confidence of Parliament, not the confidence of the Supreme Court.

I regret to say that the Pakistani Supreme Court, particularly its Chief Justice, has been showing utter lack of restraint. This is not expected of superior courts. In fact the court and its Chief Justice have been playing to the galleries for long. It has clearly gone overboard and flouted all canons of constitutional jurisprudence.

The Constitution establishes a delicate balance of power, and each of the three organs of the state — the legislature, the executive and the judiciary – must respect each other and not encroach into each other’s domain, otherwise the system cannot function. It seems to me that the Pakistani Supreme Court has lost its balance and gone berserk. If it does not now come to its senses I am afraid the day is not far off when the Constitution will collapse, and the blame will squarely lie with the court, and particularly its Chief Justice.

HRCP terms Gilani’s removal as depressing

LAHORE: The Human Rights Commission of Pakistan (HRCP) has called the disqualification of Yousaf Raza Gilani a sad occasion in a country where democratic traditions have perpetually been denied the nourishment they need to take roots.

The day justice was dispensed! – by Bahadar Ali Khan

A malifide intended PM has been disqualified. Every one on the streets is reciting ‘Va ja ul-hukke va zahaq-al-batil, Innul batila kana zahuka’. Finally piety, chastity and good has prevailed. There is fresh breeze of purity that is causing stir on the horizon of virtue. Crying babies have started giggling, trees and crops have started smiling, milkmen started distributing non-contaminated milk, the sounds of angels’s wings have started spurring on the sovereign aerospace of Pakistan, the faces of parliamentarians are beaming with the new respect that they have attained and last but not least executive has finally cheerfully decided to not to interfere in the craft of running a government again, ever! And every one is going to live happily ever after. Right?

I don’t know about you but personally I don’t agree with my above bizarre juxtaposition. Reality is actually more grim. From the history, we know there were times when military dictators would topple elected governments and aggrieved party would go to Supreme Court as a last recourse. But times have changed now. A bad and corrupt Prime Minister has been disqualified by an honest and upright judiciary. The maligned fellow was in General Musharraf’s dungeons when the same esteemed judges were taking oath under PCO ( not once but twice ) and gifted the blank cheque decisions to the dictator to amend the constitution, the way he pleased to do so.

Stooges of deep state continue to harass elected leaders of PPP

Makhdoom Shahabuddin to be apprehended by ANF

By: Zuhaeb Nazir

ISLAMABAD: Prime Minister candidate, Makhdoom Shahabuddin may be arrested by the Anti Narcotics Forces (ANF), Aaj News reported on Wednesday.

The recently announced PM candidate is wanted by the ANF in the famous ephedrine case involving former Prime Minster’s son, Ali Musa Gilani.

According to Aaj News, Makhdoom Shahabuddin was wanted by the ANF because of his involvement in the ephedrine case during his tenure as Health Minister. …

Read more » Aaj Tv News

http://www.aaj.tv/2012/06/makhdoom-shahabuddin-to-be-apprehended-by-anf/

 

ISLAMABAD: Pakistan People’s Party (PPP) has nominated the name of Makhdoom Shahbuddin for the office of Prime Minister, sources said.

According to the sources, the decision was taken in a meeting of senior leaders of PPP held here on late Tuesday under the chairmanship of President Asif Ali Zardari.

The meeting also decided that the National Assembly session would be summoned on Thursday for the election of the leader of the house, sources added. …

Read more » The News

No, Prime Minister: Pakistan’s Highest Court Plunges Country into Uncertainty

In a controversial ruling, Pakistan’s Supreme Court axed Prime Minister Yousuf Raza Gilani—a verdict that speaks volumes of the enmities and uncertainties haunting the country

By Omar Waraich

For anyone hoping to see a Pakistani civilian government complete a full five-year term without any interruption, this verdict was sorely disappointing. On Tuesday, Pakistan’s Supreme Court ruled that Yousaf Raza Gilani can no longer continue as Prime Minister, raising tensions between the government and the judiciary to their highest point and leaving the country vulnerable to a new phase of political instability.

In its unusually terse ruling, the Supreme Court instructed President Asif Ali Zardari to arrange a successor for Gilani. While there is little prospect of Zardari’s government falling, his ruling Pakistan People’s Party (PPP) has accepted that there is no Prime Minister at the moment, and, therefore, no cabinet. The PPP is currently in crisis talks with its political allies to decide on a new Prime Minister. The challenge for the ruling coalition will be to hold on to its numbers, achieve a consensus on a new premier and survive a vote of confidence expected in the coming days.

One suo motu too many – By: Tausif Kamal

Whenever some of our preconceived myths are shattered by a stark, unyielding and yet truthful reality, we tend to revert to denial and a refusal to face up to the facts as they are

The Supreme Court’s short order in the Arsalan Iftikhar case absolving the Honourable Chief Justice (CJ) without any investigation or examination of any evidence in the underlying imbroglio is premature. It is in fact contradicted by the Supreme Court’s own statement in this order: “…the Supreme Court (SC)…cannot judge the guilt or innocence of the parties without evidence or trial…” So how is this ruling not applicable to the CJ, who is so intertwined in this scandal being the father of one of the main suspects, and whose judicial power is at the heart of this corruption scandal?

This is in way to imply that the CJ is guilty but there cannot be an exemption from inquiry and investigation along with other participants and witnesses, for possible criminal violations based just on mere words of one of the parties. Who is Malik Riaz to give a clean bill of health to the CJ? It is strange that the SC is relying on the good word of Malik Riaz whom the former considers to be an accused fit to be prosecuted for some serious criminal offences under Pakistan’s criminal laws.

To contend that the media is maligning the judiciary by highlighting this scandal is to blame the messenger and not the message. Let us not be sidetracked, for now at least, by corruption in the media, which no doubt prevails, but which is less important than the imperative of our judiciary to have an unassailable reputation and an image above reproach. Conducting a thorough probe or inquiry of all those allegedly involved, including the Honourable CJ, will clear rather than tarnish the judiciary’s reputation and remove the dark clouds hanging over our most esteemed institution.

The nation has a right to know answers to such vital questions as how long the CJ knew about his son’s involvement with Malik Riaz and how many meetings the CJ had with Malik Riaz before the matter was seized through a suo motu action. The only other acceptable alternative to such an inquiry would be for the CJ to quit honourably in the larger interests of the judiciary and the country.

Pakistan – Things Fall Apart

By: Omar Ali

The Chief Justice has now dismissed the prime minister of Pakistan. Punditry cannot possibly keep up with this stuff. Last week, Pakistan was in the middle of “Bahriagate”, a scandal involving one of the country’s richest men and the same Chief Justice . Malik Riaz, who rose from minor defence contractor to the position of richest and most powerful real estate magnate in Pakistan, claimed to some journalists that he gave 340 million rupees and several luxurious free trips (including one to Monaco with an unidentified woman) to the son of the chief justice of Pakistan, and he had kept the reciepts. His motives for revealing this self-incriminating information remains unclear at this time. The Chief Justice, who had apparently been informed of some of these accusations at least six months ago (and whose unemployed son had been taking the extended family on some rather fancy vacations for the last 3 years), decided to take suo-moto notice of these accusations once they became public. After a somewhat theatrical public hearing in which the Chief Justice came to the Supreme Court with a copy of the Koran and quoted liberally from the hadith and sunna, he recused himself from the hearing and two of his fellow judges took over the case. Quoting again from the Koran and hadith, as is now the norm in Supreme Court judgments, the two judges recommended that the competent authorities should investigate and register cases against anyone who may have given or taken any bribes in this matter.