Tag Archives: contempt

Justice in Uthopia – Nadeem F. Paracha

In April 2007, one of my favorite cousins who was then a student at the prestigious LUMS in Lahore visited me on the evening of Chief Justice Iftikhar Chaudhry’s “historic” procession in Lahore (during the Lawyers Movement). She said she was joining many of her colleagues who were already at the event.

Knowing my past as a former student activist, she was taken aback when I told her I’m not all enthusiastic about the commotion.

Responding to my lukewarm reception to her youthful idea of “bringing a revolution,” she said the principle behind the tumult is vital.

“What principle?” I asked.

“Justice and democracy,” she said.

“But you don’t even vote!” I smirked. “90 per cent of the middle-class people I’ve heard passionately supporting the cause of the CJP (who was fired by the Musharraf dictatorship on corruption charges), have never bothered to vote. What democracy are you talking about?”

However, I did add that she should go to the rally to learn.

“Learn what?” She asked.

“Learn how the most vivacious leaders are better at hijacking movements than they are at initiating revolutions,” I replied.

“So why were you guys so gung ho about Benazir Bhutto in the 1980s?” She asked.

“Because Benazir inherently represented so many sides that were a natural anathema to whatever Zia’s dictatorship stood for” I said. “First of all, in an era of Hudood laws, chauvinism and mullah politicians, she was a woman; an educated and outspoken woman. Benazir shone brightly like the country’s finest hope for a democratic system.”

Continue reading Justice in Uthopia – Nadeem F. Paracha

Advertisements

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.

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

Supreme Court or supreme power?

By: Fatima Mustafa

On Saturday, Imran Khan, a Pakistani cricketer-turned-politician with a propensity for threatening massive protests, once again threatened to lead a “tsunami march” to the country’s capital if Pakistan’s PPP-led government ignores (for the second time) the Supreme Court’s orders concerning the reopening of corruption cases against President Asif Ali Zardari. This is just the latest development in a growing confrontation between the executive — led by the Pakistan People’s Party (PPP) — and the Supreme Court.

In recent months, Pakistan’s judiciary and executive have been engaged in a power struggle that threatens to further destabilize a politically weak government already beset by problems ranging from economic decline to a major electricity crisis. The root of the current conflict lies in the Supreme Court’s insistence that Prime Minister Raja Ashraf write a letter to the courts in Switzerland, asking them to reopen previous corruption cases against President Asif Ali Zardari. In a bold move, the Supreme Court already dismissed previous Prime Minister Yousuf Raza Gilani on charges of contempt of court for refusing to write such a letter to the Swiss courts. It has now warned PM Ashraf that it will take “appropriate action in accordance with the law” in the event that he refuses to comply with the Court’s order.

Continue reading Supreme Court or supreme power?

Pakistani Liberals Are No Leap of Faith

This beleaguered minority in the country still deserves international support.

BY SADANAND DHUME

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

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

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

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

Continue reading Pakistani Liberals Are No Leap of Faith

Pakistan – government, allies agree to amend constitution again

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

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

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

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

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

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

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

Parliament not sovereign – Justice Khawaja

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

Continue reading Parliament not sovereign – Justice Khawaja

Constitutional Conspiracy against Chief Justice Iftikhar Muhammad Chaudhry – by Riaz Malik

Greetings to His Holiness Highness Chief Justice Iftikhar Muhammad Chaudhary

Dear Enlightened Ghairatmand followers of Chief Justice of Muslim Tehrik League Party and Supreme Leagues of Pakistan (Hamid Khan-Hafiz Saeed Group)

I am even more hurt than many of you at the blasphemous content that is being said about our Beloved Infallible Chief Justice. First it was RAW agent Markandey Katju who said:

“Pakistani court has no right to dismiss a Prime Minister or overrule the constitutional immunity given to the President.”

Pakistani Supreme Court has gone overboard – by Justice Markandey Katju (Supreme Court of India) http://bit.ly/NTQlXh

Just because someone adds Justice before their name, does not mean he knows more about the law than great Punjabi Puttar Patriots like Sharif-ul-Raiwand and Hazrat Imran Khan.

After that a deep Amriki-Zionist-Neocon-capitalist-Masonic Lodhi conspiracy has been hatched to entrap the brilliant but simple son of His Holiness Highness Chief Justice who we should refer to as Ibne Iftikhar out of respect for his infallible FATHER. Everyone knows that Ibne Iftikhar made his money from selling cures for cancer, sewing namaz caps and doing commentary on kabaddi tournaments.  In Monte Carlo casino, he was simply giving a lecture on advanced probability theory.  Along with his female teaching assistant, he was presenting on topics like random variables, stochastic processes and non-deterministic events. There is no evidence; this LUBP Special: Documentary evidence of payments made to Pakistan’s Chief Justice’s son is all rubbish.

Continue reading Constitutional Conspiracy against Chief Justice Iftikhar Muhammad Chaudhry – by Riaz Malik

When is the full coup? – by Mazhar Arif

The decision is being seen as the ‘decision by the Punjabi court’. The disqualification was celebrated and sweets were distributed only in Punjab

At last, the judicial coup!

Prime Minister Syed Yousaf Raza Gilani has finally been toppled. By whom? By the opposition parties with the support of ‘independent’ judiciary or by the ‘Supreme Judicial Party’ with the facilitation of opposition parties which challenged the National Assembly Speaker’s ruling through petitions? This is still under discussion. Some people say the court had the blessing of the army to do the task which the army itself could not do, though it has much experience of the sort, because of perhaps unfavourable strategic and geo-political conditions.

Others, however, are of the opinion that the apex court is a crucial part of the Pakistani establishment, which hardly believes in the supremacy of the parliament, and the verdict is outcome of its own loyalty towards the ideology of the state and the establishment. In this regard, they quote a recent observation made by Mr. Justice Jawad S Khwaja while hearing the contempt of court case against Mr. Gilani. Justice Khwaja remarked: “the judiciary was an independent organ of the state and was answerable to the people not the parliament.” This is, however, not clear how the judges are answerable to the people when they are not elected by them. People hardly know how and by whom they are chosen, selected and nominated.

The disqualification of the prime minister by the apex court is under criticism by a part of the lawyers’ community and a section of the media. The Express Tribune in its editorial under the headline “A Judicial Coup?” on June 20 says, “The Supreme Court, in claiming to represent the will of the people, has removed from power the people’s representative saying that he stood disqualified from being a member of parliament and hence the office of the prime minister since April 26 — the day he was found guilty of contempt. Support for the decision may not be unanimous mainly because of recent developments, especially where the Honourable Court was dragged into the Arsalan Iftikhar matter

Continue reading When is the full coup? – by Mazhar Arif

The Guardian – Yousuf Raza Gilani’s sacking is bad news for Pakistan

By Muhammad Hanif

Pakistan’s judiciary is starting to care less for the rule of law than the sound of its own sermonising voice. Which suits the military

In the past, Pakistan’s supreme court has hanged an elected prime minister on trumped-up charges, sentenced another to life imprisonment and forced several career politicians into exile. So the disqualification of the prime minister, Yousuf Raza Gilani, on contempt-of-court charges should be seen as a step forward. Nobody died, right? The Pakistan Peoples’ party and its coalition partners now have another prime minister in the shape of Raja Pervez Ashraf. Pakistan’s supreme court will thump its chest and say we have proved that the law is the same for a commoner and a king. Pakistan’s all-powerful army will say: look, no hands. So why are Pakistan’s human rights activists calling it a judicial coup and warning us that the whole democratic facade is about to be pulled down?

Political decisions used to be made in the Pakistani army’s HQ. But the action has shifted to court one of the supreme court, in full view of the public, with judgments framed and delivered like soundbites for the primetime news.

Since being restored to his job after being sacked by President Musharraf in 2009, the chief justice, Iftikhar Chaudhry, has been betraying an evangelical streak in his pronouncements. Maybe he feels that, with a country full of self-righteous zealots, he needs to adapt their tone. Or perhaps he is one. He doesn’t wait for the petitioners to come to the court, he watches TV and acts on his own cognizance. Even the half of Pakistan that can’t read or write will tell you what a suo motu is. We have already been quoted Khalil Jibran and the Persian poet Hafiz, and, it seems, a verse from the Qur’an or a hadith is only ever a suo motu notice away. When the chief justice took suo motu notice of allegations of his own son’s corruption he turned up in court waving a copy of the Qur’an and insinuating comparisons with himself and the second caliph, Umar.
Last year the chief justice took suo motu notice against the country’s most famous television actress for possessing a bottle of wine. Elsewhere, one of his sidekicks wondered aloud that if one day Pakistan’s parliament were to legalise gay marriages, would the supreme court sit quietly and watch?
This court is not as much in love with the rule of law as with the sound of its own sermonising voice. It has also mastered the art of selective justice. The same supreme court that has been sitting on an ISI corruption case for 15 years, the same judiciary that can’t look a retired general in the eye or force a serving colonel to appear in court, feels it perfectly constitutional to send a unanimously elected prime minister home.
There are not many tears being shed over Gilani. Looking at his record, many would say that he should have stayed home in the first place. But what is the point of clamouring for democracy if we can’t elect imperfect people – slightly less competent and way more corrupt than our average traffic cop – to lead us?
There are many ways of getting rid of a prime minister (though the old-fashioned way of voting them out has never been tried in Pakistan) but no simple way of telling the country’s highest judge, restored to his job as a result of a popular movement, that he has begun to sound like that dictator who sent him home.
In Pakistan, generals often confuse access to private golf courses with the country’s security. Senior bureaucrats consider it their right to name roads and villages after their grandfathers. Mullahs always fall back on God to justify their greed. Political leaders believe that democracy makes it mandatory to groom sons and daughters to take over their political parties. It’s not surprising that senior judges have started to believe that respect for them is the same thing as respect for the rule of law.
Pakistanis are being forced to choose between Gilani’s right to rule without doing a thing for his people, and a supreme court judge’s right to send him home. And people are refusing to choose. For a few days the country lacked a prime minister and a cabinet. And nobody really missed them.
The alarm being raised by pro-democracy people in Pakistan is that the whole system is about to be derailed. The supreme court’s reckless pursuit of government politicians could pave the way for a caretaker setup that will suit the military establishment.
The military, indeed, sulking after a series of humiliations at home and abroad, is watching from the sidelines. Some would say it’s even gloating at the prospect of civilian institutions cutting each other down to size, traditionally its job.

Pakistan’s ruinous political farce

By M Ilyas Khan

The political pantomime played out in Pakistan over the past few years is degenerating into farce.

On Tuesday, the Supreme Court terminated the career of Prime Minister Yousuf Raza Gilani – disqualifying him from office on the basis of a contempt of court conviction linked to his refusal to reopen corruption cases against President Zardari.

Two days later, a lower court issued a warrant for the arrest of Makhdoom Shahabuddin, a member of Mr Gilani’s party, just hours after he was nominated as his possible successor. Uncanny timing, some might say.

Late on Thursday night Mr Shahabuddin was still closeted with senior colleagues at the president’s house – but whether he will be a free man come morning remains to be seen.

Many in Pakistan see these developments as signs that the skirmishes between the judiciary, the military and the civilian government are now erupting into all-out war.

This is all happening at a time when the country can least afford it – relations with the West are at an all-time low, the economy is heading for disaster and people are battling severe power and fuel shortages.

To compound matters, nuclear-armed Pakistan – which is known to have promoted armed militant groups over the past two decades – has steadily been losing territory to these groups in recent years. That’s a major issue for its neighbours and the wider world.

But instead of dealing with the big problems, Pakistan’s power elite have other fish to fry.

Military role

A major part of the problem lies in the traditional domination of the military in Pakistan, and the fact that the judiciary has supported successive attempts by the generals to cut the politicians down to size.

The civilians have rarely held the reins of power, and when they have, they have always had the military establishment to contend with.

Accusations of corruption are a time-tested tool to beat the civilians with, and corruption cases lodged against them during the country’s 64-year history literally run into the hundreds. Few of those cases have ever been resolved.

But they have been successfully used to bring every single civilian government down well before the end of its constitutional five-year term.

The present administration is the longest-serving civilian government Pakistan has ever had – it is just over six months short of reaching the finish line.

If it does, it will set a new precedent – and this is an unsavoury proposition for the establishment for two reasons.

First, prolonged civilian rule is likely to permanently dent the political influence of the military, and thereby the massive business and real estate empires it has acquired.

Second, while Pakistan’s military and civil bureaucracy are dominated by Punjab province, the country’s largest vote-bank, the ruling Pakistan People’s Party has its roots in the southern province of Sindh, the country’s main source of revenue and home to a distinct linguistic group that detests Punjab’s domination. So while the establishment is generally sceptical of politicians, it has been almost intolerant towards the PPP.

Judicial activism

The military is widely accused by Western powers of playing a double game in Afghanistan and lost credit in the eyes of many Pakistanis when US forces killed Osama Bin Laden in a secret raid on Pakistan’s soil.

But its diminishing ability to openly control Pakistan’s politicians has been more than offset by what some analysts describe as the judiciary’s increased ability to encroach on the administrative sphere.

This has led to a number of fierce battles between state institutions in recent years which are a distraction from the main challenges.

Since 2009, when judges sacked by the Musharraf regime were reinstated by the present government, they have shown an appetite for pursuing long-standing corruption cases against President Zardari.

Mr Zardari spent eight years in jail because of them, without being convicted in a single case.

That led to the Supreme Court’s dogged pursuit of Prime Minister Gilani and his conviction in April.

The Supreme Court also responded with alacrity late last year in investigating a controversial memo which invited the US to help avert a possible coup in Pakistan after Bin Laden’s death.

The “memogate” affair had the potential to drag in President Zardari but has led only to the dismissal of Pakistan’s then ambassador to the US, Husain Haqqani. Top military leaders showed a keen interest in the case and participated in initial hearings, but gradually pulled out when questions were raised over their own political role.

Most recently, the country was stunned to find its bulwark against corruption – Chief Justice Iftikhar Chaudhry himself – implicated in allegations of bribe-taking levelled against his son. They both deny any wrongdoing and an investigation has been ordered.

Continue reading Pakistan’s ruinous political farce

“First the military used to carry out coups and now the judiciary has overthrown an elected PM” – Hasan Askari

ISLAMABAD: President Asif Ali Zardari hoped on Wednesday to nominate a new prime minister following a night of crisis talks after the Supreme Court disqualified Yousuf Raza Gilani for contempt.

The move could ease uncertainty in a country that is increasingly trying US patience over al Qaeda-linked havens, struggling with a Taliban insurgency and heading deeper towards a financial crisis that could force it back to the IMF.

The court ruling effectively dissolved the cabinet and unless the Pakistan People’s Party (PPP) and its fractious coalition members agree on a replacement prime minister, could bring elections forward to later this year.

Ahmed Mukhtar, until recently defence minister and now minister for water and power, is thought to be the most likely candidate, favoured for his experience and unflinching loyalty to President Asif Ali Zardari.

Foreign Minister Hina Rabbani Khar, who has made international headlines for her beauty and designer handbags, has been apparently ruled out for inexperience.

“The process of consultation is continuing. The Pakistan People’s Party (PPP) has made up its mind to elect a new prime minister rather than confront the court and create constitutional deadlock,” a government official told AFP.

Zardari was to present “three or four names” to coalition party leaders late Tuesday to try and find a consensus, said the official.

Aside from Mukhtar, other strong candidates were Makhdoom Shahabuddin, the textiles minister, and Makhdoom Amin Fahim, the commerce minister.

“If all the coalition parties agree on a name, then the PPP is expected to announce the name for new prime minister on Wednesday,” the official said.

The nominee would then need to be approved by parliament, where the PPP-led governing coalition has a majority.

The crisis is the worst in a showdown between the judiciary led by the popular, anti-corruption campaigning chief justice, and the government which waited till March 2009 to restore independent judges sacked under the military.

The Supreme Court convicted Gilani of contempt on April 26 for refusing to ask Switzerland to reopen multi-million-dollar graft cases against Zardari.

Gilani always insisted Zardari had immunity as head of state and that writing to the Swiss would be a violation of Pakistan’s constitution.

The new prime minister will also come under pressure from the court, for which analysts said Zardari was determined to appoint a loyalist and someone from the central province of Punjab to supplement his powerbase in the south.

Members of the government believe the court is trying to bring down Gilani and Zardari before February 2013, when the administration would become the first in Pakistan to complete a full five-year term.

The president, deeply unpopular among ordinary Pakistanis and nicknamed Mr 10 Per cent for alleged corruption, cancelled a visit to Russia to convene emergency talks with legal experts and party bosses to resolve the crisis.

The Supreme Court verdict was followed in hours by an announcement from the election commission that Gilani had been dismissed as an MP.

Senior PPP members also appealed for calm, a sign that the party preferred to elect a new prime minister than contest the court ruling.

Analysts warned it would be impossible to get parliament to overturn the court’s decision without the support of the main opposition PML-N party.

This is a destabilising move. It is a kind of judicial coup. First the military used to carry out coups and now it’s the judiciary which has overthrown a prime minister,” said political analyst Hasan Askari.

Read more » DAWN.COM

Questions Surround New Supreme Court Order Disqualifying Prime Minister

The Supreme Court of Pakistan removed the Prime Minister in what is known as a “short order” – essentially a court order lacking a full explanation. These orders often begin, “For reasons to be recorded later…” – a practice that seems the beg for abuse and controversy – and then proceed directly to ordering some specific action on the part of an individual or institution. In this case, though, the specific action was not given until almost two months later – and made retroactive.

On April 26, the Supreme Court issued an order “for the reasons to be recorded later” that found then Prime Minister Yousaf Raza Gillani “guilty of and convicted for contempt of court.” The Supreme Court did not declare the Prime Minister disqualified from office and sentenced him to a symbolic detention of about 30 seconds.

The Supreme Court having chosen not to disqualify the Prime Minister, the issue was then taken up by the Speaker of the National Assembly, Dr. Fehmida Mirza, who ruled that Mr. Gilani was not disqualified. That was last month.

Today, nearly two months after the Supreme Court issued its controversial conviction, a new short order, “for reasons to be recorded later,” was issued by Chief Justice Iftikhar Chaudhry – this time declaring that “Syed Yousaf Raza Gillani has become disqualified from being a Member of the Majlis-e-Shoora (Parliament)…on and from the date and time of pronouncement of the judgement of this Court dated 26.4.2012…”

This raises several very interesting questions. If the Prime Minister was disqualified pursuant to the Supreme Court’s order on April 26, why did they wait until June 19 to say so? Some have suggested that the Supreme Court was giving the Prime Minister the opportunity for appeal, but this is doubtful for a number of reasons: One, the Supreme Court could have declared the Prime Minister disqualified and then stayed the order pending appeal. But more to the point, to whom would the Prime Minister have appealed? The original order was given by a 7 member bench of the Supreme Court – there was no higher authority to appeal to.

Then there is the matter of the ruling by the Speaker of the National Assembly. If the Supreme Court had determined that Mr. Gilani was disqualified as of April 26, why did they allow Dr. Mirza to proceed with deliberations and a ruling on Mr. Gilani’s status as parliamentarian? If the Supreme Court believed that Dr. Mirza did not have the authority as Speaker of the National Assembly to issue such a ruling, why did they not issue an injunction stopping the Speaker from carrying out the act?

While these questions remain unanswered, at least until the Supreme Court delivers more than the two pages made available today, they suggest very troubling possibilities. By allowing Mr. Gilani to continue serving as Prime Minister for months, the Supreme Court has created a policy nightmare for Pakistan. Making the disqualification retroactive to April 26 means that any decisions made by the government since are effectively nullified. Pakistan has, essentially, been operating without a government for over 8 weeks.

Moreover, by allowing the Speaker of the National Assembly to deliberate and issue a ruling without comment, only to nullify that decision weeks later, the Supreme Court has undermined the authority of parliament and created confusion about fundamental issues of separation of powers and constitutional authority. What government official can now carry out their duties without the fear of Supreme Court action if the Chief Justice does not like the outcome.

This gets to what is perhaps the most troubling question of all – would the Supreme have issued this new order had the Speaker of the National Assembly herself disqualified Mr. Gilani? In other words, is Pakistan’s Supreme Court acting pursuant to due process or desired outcomes?

Courtesy: http://americansforpakistan.com/2012/06/19/questions-surround-new-supreme-court-order-disqualifying-prime-minister/

Via – Twitter

Pakistan – “The Supreme Court calls for an “Arab Spring” uprising”

Pakistan: Top Judges Attack P.M. Gilani With Poetry and Threats

The Supreme Court calls for an “Arab Spring” uprising.

The opposition already calls him “the former prime minister of Pakistan.” His country’s Supreme Court has declared him “wicked”—a “criminal” seeking political “martyrdom through disobeying the law.” It may be a good thing for Yousaf Raza Gilani that he claims descent from Sufi saints, since he’ll certainly need the patience of one as pressure intensifies for him to step down.

The outcry reached an unprecedented pitch last week as the court issued a 77-page “detailed judgment” against Gilani, publicly exhorting the people of Pakistan to rise up against him and his government. “The recent phenomenon known as the Arab Spring is too fresh to be ignored or forgotten,” wrote Justice Asif Khosa in an assenting opinion, citing “the responsibility of the people themselves to stand up for defending the Constitution and … for dealing with the delinquent appropriately.” Gilani’s alleged crime was to disobey the court’s order for him to request that Swiss authorities reopen old corruption cases against his boss, President Asif Ali Zardari. (Gilani and the Swiss both maintain that Zardari has immunity from criminal prosecution.)

Continue reading Pakistan – “The Supreme Court calls for an “Arab Spring” uprising”

New York Times – How Pakistan Lets Terrorism Fester – By HUSAIN HAQQANI

ON the anniversary of Osama bin Laden’s death last week, Pakistan was the only Muslim country in which hundreds of demonstrators gathered to show solidarity with the dead terrorist figurehead.

Yet rather than asking tough questions about how Bin Laden had managed to live unmolested in Pakistan for years, the Pakistani Supreme Court instead chose to punish the prime minister, Yousaf Raza Gilani, by charging him with contempt for failing to carry out the court’s own partisan agenda in this case, pressuring the Swiss government to reopen a decades-old corruption investigation of President Asif Ali Zardari. (Never mind that Swiss officials say they are unlikely to revisit the charges.)

In handing down the decision, one justice chose to paraphrase the Lebanese poet Khalil Gibran. He held forth in a long appeal to religious-nationalist sentiment that began with the line, “Pity the nation that achieves nationhood in the name of a religion but pays little heed to truth, righteousness and accountability, which are the essence of every religion.”

That a Supreme Court justice would cite poetry instead of law while sentencing an elected leader on questionable charges reflects Pakistan’s deep state of denial about its true national priorities at a time when the country is threatened by religious extremism and terrorism.

Today, Pakistan is polarized between those who envision a modern, pluralist country and those who condone violence against minorities and terrorism in the name of Islam. Many are caught in the middle; they support the pluralist vision but dislike the politicians espousing it.

Meanwhile, an elephant in the room remains. We still don’t know who enabled Bin Laden to live freely in Pakistan. Documents found on computers in his compound offer no direct evidence of support from Pakistan’s government, army or intelligence services. But even if Bin Laden relied on a private support network, our courts should be focused on identifying, arresting and prosecuting the individuals who helped him. Unfortunately, their priorities seem to lie elsewhere.

In Pakistan, most of the debate about Bin Laden has centered on how and why America violated Pakistan’s sovereignty by unilaterally carrying out an operation to kill him. There has been little discussion about whether the presence of the world’s most-wanted terrorist in a garrison town filled with army officers was itself a threat to the sovereignty and security of Pakistan.

Pakistanis are right to see themselves as victims of terrorism and to be offended by American unilateralism in dealing with it. Last year alone, 4,447 people were killed in 476 major terrorist attacks. Over the last decade, thousands of soldiers and law enforcement officers have died fighting terrorists – both homegrown, and those inspired by Al Qaeda’s nihilist ideology.

But if anything, the reaction should be to gear up and fight jihadist ideology and those who perpetrate terrorist acts in its name; they remain the gravest threat to Pakistan’s stability. Instead, our national discourse has been hijacked by those seeking to deflect attention from militant Islamic extremism.

The national mind-set that condones this sort of extremism was cultivated and encouraged under the military dictatorships of Gen. Mohammad Zia ul-Haq from 1977 to 1988 and Gen. Pervez Musharraf from 1999 to 2008. A whole generation of Pakistanis has grown up with textbooks that conflate Pakistani nationalism with Islamist exclusivism.

Anti-Western sentiment and a sense of collective victimhood were cultivated as a substitute for serious debate on social or economic policy. Militant groups were given free rein, originally with American support, to resist the Soviet occupation of Afghanistan, and later became an instrument of Pakistani regional influence there and in Indian-occupied Kashmir.

Pakistan’s return to democracy, after the elections of 2008, offered hope. But the elected government has since been hobbled by domestic political infighting and judicial activism on every issue except extremism and terrorism.

Before Mr. Musharraf was ousted, a populist lawyers’ movement successfully challenged his firing of Supreme Court justices. The lawyers’ willingness to confront Mr. Musharraf in his last days raised hopes of a new era. But over the last four years, the Court has spent most of its energy trying to dislodge the government by insisting on reopening cases of alleged corruption from the 1990s. During the same period, no significant terrorist leader has been convicted, and many have been set free by judges who overtly sympathize with their ideology.

This has happened because the lawyers’ movement split into two factions after Mr. Musharraf’s fall: those emphasizing the rule of law and those seeking to use the judiciary as a rival to elected leaders.

Asma Jahangir, who helped lead the lawyers’ movement, has become a critic of the courts, accusing them of overstepping their constitutional mandate and falling under the influence of the security establishment. And Aitzaz Ahsan, who represented the Supreme Court’s chief justice during the lawyers’ showdown with Mr. Musharraf, is now Prime Minister Gilani’s lawyer in the contempt-of-court case – a clear indication of the political realignment that has taken place.

Meanwhile, Pakistan’s raucous media, whose hard-won freedom is crucial for the success of democracy, has done little to help generate support for eliminating extremism and fighting terrorism. The Supreme Court, conservative opposition parties and the news media insist that confronting alleged incompetence and corruption in the current government is more important than turning Pakistan away from Islamist radicalism.

Continue reading New York Times – How Pakistan Lets Terrorism Fester – By HUSAIN HAQQANI

Former prime minister of Pakistan, Nawaz Sharif tries to date author Kim Barker by offering her an iPhone

The Language of the news is urdu (Hindhi).

Courtesy: Duniya Tv News » Siasat.pk

Via – Twitter

 

Pakistan’s Kangaroo Court calls itself “Supreme Court,” but in fact is another front for the Mullah-Military complex

Pakistan’s puppet Court – By Shiraz Paracha

The Supreme Court’s controversial detailed verdict against the elected Prime Minister of Pakistan is one more bad decision by a Court that has a dark history of collaboration with the military in depriving the people of Pakistan of their fundamental rights.

The Supreme Court has been transcending its legal boundaries and constitutional role. Its decisions are biased, unfair and politicized. The Court is not a neutral and objective defender of law and judges have been acting as puppets.

The Judiciary is not independent and appears to be playing someone’s game. Indeed the Supreme Court is acting as a proxy for imposing a controlled democracy in Pakistan. It seems that characters such as Imran Khan and Dr. Abdul Qadeer Khan are part of this game. The former ISI chief Lt. General Shuja Pasha was an architect of the latest effort to introduce ‘clean democracy’ in Pakistan. General Pasha was not alone in military’s one more political adventure.

Actually, the military considers itself the sole defender of Pakistan and generals have been trying to shape and control the Pakistani politics. In fact, the military never felt comfortable with parliamentary form of democracy. For this reason every few years new campaigns are launched to ‘clean’ the system.

Dr. Abdul Qadeer Khan’s recent calls for the establishment of a technocrat government and Imran Khan’s Tsunami are reflections of military’s new efforts to bring a setup that ‘suits’ Pakistan. The Judiciary and media are means to complete that agenda. As the Parliament is about to complete its term, Imran Khan is threatening that he would not accept results of the new elections. Dr. Qadeer, dubbed by some as the future president, has joined hands with Imran Khan. The media and the Judiciary are taking cue from some in the military to pressurize the present government. All these actors want to maintain the status quo by imposing a controlled democracy.

Continue reading Pakistan’s Kangaroo Court calls itself “Supreme Court,” but in fact is another front for the Mullah-Military complex

Zardari once again the “political maestro” – the government that wouldn’t fall

The government that wouldn’t fall

By: Cyril Almeida

WITH all the paper and crayons the PML-N carried to parliament the past week, you’d think a Leaguer or two could have spared some time to write a little letter.

Dear Madam Speaker, The PML-N believes that a question has arisen that Yousuf Raza Gilani stands disqualified as a member of parliament under Article 63(1)(g) of the constitution for bringing the judiciary into ridicule as stated by the Supreme Court in its conviction of Mr Gilani for contempt of court on Thursday, April 26, 2012.

Accordingly, under Article 63(2) of the constitution it is required of you as Speaker of the National Assembly to forward the question of Mr Gilani’s disqualification to the Election Commission of Pakistan for a final decision.

With kind regards, The PML-N.

A letter short enough to be written with a crayon on the back of a protest placard and handed over to the Speaker during one of the PML-N’s noisy protests on the floor of the National Assembly.

A letter that would have triggered the only constitutional process for declaring Gilani disqualified.

But in seven days of protests until the Assembly session was prorogued Friday, the N-League avoided the legal route and demanded Gilani’s resignation instead.

Behind that choice lies a political calculation. Take the legal route and the N-League risks its anti-PPP message being buried under an avalanche of legalese. The technicalities of Article 63 — can the Speaker decide no question of disqualification has arisen? If so, is there any appeal against the Speaker’s decision? Wouldn’t the matter ultimately return to the Supreme Court for an inconclusive answer? — are confounding.

Better a simpler message that the electorate can understand: the prime minister is a convict, his boss is corrupt, the Supreme Court tried to do the right thing; ergo, the prime minister should resign.

However, catchy as the slogans may be and fun as charged-up rallies will be, they also betray the opposition’s impotence.

This was originally a fight between the PPP and the SC [Supreme Court]; the PML-N are Johnny-come-latelies. Once the court baulked at pulling the trigger, the N-League’s ability to force the very outcome the court wasn’t willing to force was always going to be limited.

The reality is that the fundamentals that have been in place since 2009 have not changed. And until those system fundamentals change, regime change isn’t going to happen.

Think of it this way. At the centre is the PPP, surviving through a combination of unexpected political acumen — Zardari the political maestro, anyone? Gilani the heroic defender? — and luck.

The luck is that surrounding the PPP, as with every other civilian government, are three traditional rivals — the political opposition, the judiciary and the army — who can agree that they don’t like the PPP but can’t quite bring themselves to work in concert to attain the desired outcome.

For reasons of history and politics and systems, to engineer the downfall of a government you need at least two of the three forces opposing the government to align. PPP conspiracy theories aside, this time that combination just refuses to emerge.

With memogate there was, briefly, an almost perfect alignment. The army raised the alarm over Haqqani’s alleged antics, Sharif petitioned the court to take notice, the court swung into action, drawing out the blunt affidavits from the army chief and DG ISI and just like that, everyone seemed poised to plunge the knife into the PPP.

But then Sharif pulled back. He realised that he’d been lured into a trap to make an army vs PPP fight look like a PPP vs everyone scrap. Next, the army relented when the PPP refused to budge and another chapter in their frenemy relationship had been inked.

The court was the one which had formally gone the furthest, setting up a high-powered commission to investigate the silliness that was Mansoor Ijaz and his claims, so it’s taken the longest to extract itself from a battle that its fleeting allies have long since abandoned.

For all their dislike of the PPP, the problem is that the presumptive allies are also suspicious of each other. Nothing new there but it tends to get forgotten each time a political crisis erupts.

Nawaz doesn’t like the army, the army doesn’t trust Nawaz, neither would want a judiciary that would make life difficult for them if they have to run the show and the judiciary knows that when push comes to shove, it’s usually the judiciary that’s trampled underfoot.

Continue reading Zardari once again the “political maestro” – the government that wouldn’t fall

Has a countdown begun in Islamabad? It’s time to boot the rulers out: Nawaz

It’s time to boot the rulers out: Nawaz

TAXILA: Pakistan Muslim League-Nawaz (PML-N) leader Mian Nawaz Sharif has said that the rulers are too stubborn to accept logic they only understand the language of “boot”, Geo News reported.

He was talking to a large public gathering in Taxila. ….

Read more » The News

Via – Twitter

Rehman Malik provided proves against PMLn Chief Nawaz Sharif was involved in money laundering

Mehran Bank Scandal: Rehman malik provided proves to media

Interior Minister Rehman Malik proved that PML-N Chief Nawaz Sharif was involved in money laundering.

He gave evidence against Nawaz Sharif would be placed before the Supreme Court and National Accountability Bureau (NAB) for alleged corruption of $32 million.

Federal Rehman Malik said a commission may be formed to investigate alleged involvement of Nawaz Sharif in money laundering.

He appealed to the Supreme Court to call him and he would present all evidence. He further alleged that Nawaz Sharif made an NRO with former President Farooq Ahmed Leghari and as a result, Benazir Bhutto’s elected government was unconstitutionally dismissed in November 1996.

Federal Rehman Malik said that Nawaz Sharif made a second NRO with dictator Pervez Musharraf and went abroad after signing an agreement and violated the Charter of Democracy (COD) he signed with Benazir Bhutto in 2006. …

Courtesy: Duniya Tv News » Read more » LUBP

Showing the red rug to the bull!

PM contempt: ‘Govt will comply if SC orders Gilani’s disqualification’

By Web Desk / Sumera Khan

Excerpts;

…. Privilege motion against SC assistant registrar

The government has decided to move a privilege motion against the assistant registrar of the Supreme Court for writing a letter to speaker of National Assembly to initiate an action against the prime minister under recently passed judgment by the apex court.

Terming the letter ‘illegal’, Law Minister Naek said that the letter in which Speaker of National Assembly Fehmida Mirza was directed to implement the SC’s judgment was an open violation of law. Naek added that the assistant registrar of the Supreme Court is not authorised to issue directions to the speaker of National Assembly.

“We will move a privilege motion against assistant registrar as the letter is illegal which was written as a clear violation of rules and procedures. He has directed the speaker of National Assembly to implement the court’s verdict at the earliest which is we believe is an offence to the parliament.”

Naek went on to say that, “The parliament’s privilege was disparaged by the assistant registrar’s letter to the speaker of National Assembly directing her in the prime minister contempt case.”

Read more » The Express Tribune

Gilani hits back at the opposition

By Nusrat Javeed

Before hiring the services of Pakistan Army for launching a multi-pronged assault on troops of the ‘Evil Empire’ deputed in Afghanistan, Ronald Reagan needed some deceptive trappings of ‘democracy’ in Pakistan. General Zia facilitated him by inventing a consultative assembly in the early 1980s.

Continue reading Gilani hits back at the opposition

Gilani challenges the leader of the opposition – Bring vote of no confidence if you have courage

Islamabad: Prime Minister Yousuf Raza Gilani has said that he could only be removed by the Parliament and would accept the decision of the house.

Mr Gilani seemed confident during his speech in the National Assembly on Friday in the absence of Opposition Leader Chaudhry Nisar Ali Khan, who on Saturday announced that he would not let the prime minister to enter the house.

Gilani criticized Nawaz-League leadership for what he said their ego and said that Nawaz Sharif could not run the parliament as it was not an easy job.

“I challenge you to bring vote of no confidence against me if you have the courage,” Gilani said.

He said that he was punished for protecting the Constitution of Pakistan. He said that nobody other than National Assembly speaker could de-notify him.

The prime minister said that he would honour the decision of the house but would not accept conspiracies and would not let anyone to derail democracy in the country.

Gilanis said that the PML-N should look into results of Multan by-election in which the PPP won.

Courtesy: Geo TV News » TheNewsTribe

More details » BBC urdu

Supreme Court challenges its own authority by failing to address the question of presidential immunity

The continuing contempt controversy

By: Waris Husain

Prime Minister Yousuf Raza Gilani has been convicted by Pakistan’s Supreme Court for contempt of court, with implications that such a conviction will disqualify him from holding the office. Rather than levying the maximum punishment of six months imprisonment, the Court held the prime minister under arrest until the conclusion of the hearing, which amounted to 30 seconds. Such a nominal punishment shows that neither the Court nor the prime minister have delivered a final blow to the other. The Court may have taken the proper pragmatic measures to deal with the current political environment, but it will need to take further steps to legally address the central claim of the case.

Continue reading Supreme Court challenges its own authority by failing to address the question of presidential immunity

And we were told by the Pakistani media that everyone hates PPP! But PPP candidate wins Multan by-election

Kaira applauds PPP candidate on winning Multan by-poll

By: APP

ISLAMABAD: Federal Minister for Information and Broadcasting Qamar Zaman Kaira on Thursday congratulated PPP candidate Usman Bhatti on winning by election in PP-194 in Multan.

Speaking to Pakistan Television (PTV), he said that reposing full confidence in the Pakistan People’s Party’s (PPP) candidate is a good gesture by people of South Punjab.

Party’s candidate Usman Bhatti won the bye elections in PP-194 defeating his political rival Moeenuddin Riaz Qureshi of Pakistan Muslim League-Nawaz (PML-N.) ….

Read more » DAWN.COM

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

President Asif Zardari’s cases can’t be reopened: Swiss AG

Asif cases can’t be reopened: Swiss AG

ISLAMABAD (APP)-President Asif Ali Zardari enjoys immunity under International Law and therefore no case can be reopened against him in the courts of Switzerland, Attorney General of Geneva Daniel Zappelli said this in an interview with a private TV channel on Saturday night.

When asked that when the case had been closed, can it be reopened if the State makes the request as in the case of President Asif Ali Zardari,the Swiss Attorney General said it is a big problem because under the International Law which is also applicable to Switzerland, the Head of State, the Prime Minister and Foreign Minister enjoy absolute immunity on reopening of cases.

To a question by the interviewer about reopening of cases if submitted by the National Accountability Bureau (NAB), the Attorney General of Geneva said if an application to reopen the cases in Swiss courts was submitted through Pakistans Embassy it would be returned, since the Head of the State enjoys absolute immunity according to International Law. …..

Read more » nation.com.pk

http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/islamabad/11-Apr-2010/Asif-cases-cant-be-reopened-Swiss-AG

Pakistani Prime Minister Yousuf Raza Gilani’s contempt conviction may worsen ties to U.S.

By: Farhan Bokhari

(CBS News) ISLAMABAD – Pakistan’s pro-U.S. ruling coalition was thrown in turmoil Thursday after Prime Minister Yousuf Raza Gilani was convicted on a contempt-of-court charge by the country’s Supreme Court.

Gilani was given a symbolic jail term lasting for less than a minute, but the verdict made it possible for him to lose his job as prime minister, according to analysts and legal experts.

“For reasons to be recorded later, the prime minister is found guilty of contempt for willfully flouting the direction of the Supreme Court,” said Supreme Court Justice Nasir-ul-Mulk in announcing the verdict. The judge ordered Gilani to serve time “till rising of the court” – a term which means for the duration of the brief court hearing.

Western diplomats however warned that depending on the direction of future political events, fresh turmoil in Pakistan could further strain the country’s already troubled relations with the United States.

“As Pakistan’s political temperature rises, there are new dangers for Pakistan’s relations with the U.S.,” a senior western diplomat in Islamabad told CBS News after Thursday’s verdict on condition of anonymity because he is not allowed to speak to journalists. “As turmoil grows in Pakistan, it will be increasingly difficult for the government to be seen becoming more friendly towards the U.S.”

Continue reading Pakistani Prime Minister Yousuf Raza Gilani’s contempt conviction may worsen ties to U.S.

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

Beyond the memo affair – By Raza Rumi

Excerpt;

…. Citizens have a right to ask why three serving chief justices of high courts are investing huge amounts of their precious time in handling the bizarre claims (and counter-claims) made by Mr Ijaz, when they should be attending to their core mandates of managing the high courts and thousands of subordinate courts. There are roughly 1.2 million cases pending in Pakistani courts and the cost of litigation is soaring due to a virtually unaccountable legal profession and corruption in lower courts. The Supreme Court has time and again reminded us that it is representing the people’s will and is answerable to the people only. Perhaps, nothing is as pressing for the ‘people’ than the denial of justice they are facing.

The Urdu media and internet forums are full of edicts against Mr Haqqani and sections of the establishment feel betrayed by his critical book on the Pakistan military. The least we can do is not to expose a man of his intellect to the rogue elements in the country. For the record, I have never met Mr Haqqani and hold no brief for his past adventures with the intelligence agencies. All I know is that he deserves a fair deal by a country he has tried to serve and defend in difficult times when everyone and his aunt have been wanting to ‘punish’ Pakistan.

Read more: The Express Tribune, April 2nd, 2012.