Tag Archives: convicted

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

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An “honor killing” – Kohistan video: Four women killed

Kohistan video scandal: Four women killed

KOHISTAN: Four women, who were sentenced to death in Kohistan for singing and dancing at a wedding, are reportedly killed, Geo News reported.

Muhamamd Afzal, brother of one of the convicted men, has claimed that four women have been murdered.

Four women and two men had been sentenced to death in Kohistan for singing and dancing at a wedding.

Clerics had issued a decree after a mobile phone video emerged of the six enjoying in a remote village in the mountainous district of Kohistan. ….

Read more » Geo Tv News

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

Pakistani U.N. peacekeepers sentenced in Haiti rape case

By Joseph Guyler Delva

PORT-AU-PRINCE – (Reuters) – Two U.N. peacekeepers from Pakistan have been sentenced to a year in prison for raping a 14-year-old Haitian boy after being convicted in a Pakistani military trial in Haiti, authorities said on Monday. ….

Read more » Reuters

Killing OBL & US citizenship for Dr Shakil Afridi, says congressman

US citizenship for Dr Shakil Afridi, says congressman

By Huma Imtiaz

WASHINGTON: A United States (US) Congressman has submitted a bill to the House of Representatives asking to grant US citizenship to Dr Shakil Afridi, the doctor who provided vital help to the US in finding Osama bin Laden in Abbottabad.

The bill submitted by Congressman Dana Rohrabacher on Friday, called for Dr Afridi to be deemed “a naturalized citizen of the United States.”

In his speech in Congress, Rohrabacher, who is also the Chair of the House Foreign Affairs Subcommittee on Oversight, said, “Pakistan’s Inquiry Commission on the Abbottabad Operation, the US mission which killed bin Laden, has recommended that Dr Afridi be tried for treason for helping the US. If convicted, he could be executed. My bill would grant him US citizenship and send a direct and powerful message to those in the Pakistani government and military who protected the mastermind of 9/11 for all those years and who are now seeking retribution on those who helped to execute bin Laden.”

Rohrabacher cited media reports that Dr Afridi’s wife, an American citizen of Pakistani origin was also missing. “This bill shows the world that America does not abandon its friends,”  adding that 21 members of Congress had endorsed the bill as well.

The bill, which was referred to the Committee on Judiciary, comes after US Secretary of Defense Leon Panetta said in an interview last week that Dr Afridi had provided key intelligence that led to the raid in Abbottabad.

Media reports had earlier said that Dr Afridi had organized a polio vaccination campaign in the city for the Central Intelligence Agency, in order to collect DNA sample to prove that the al Qaeda leader was present in the Abbottabad compound.

Courtesy: The Express Tribune

http://tribune.com.pk/story/332342/us-citizenship-for-dr-shakil-afridi-says-us-congressman/

China executes Pakistani man on drugs charges

China has executed a Pakistani man, Zahid Husain Shah, despite last-ditch appeals for clemency, his family says.

Mr Shah, 35, was arrested in 2008 and was convicted last year of drug smuggling. He was put to death by lethal injection in Shanghai on Wednesday morning.

Human rights groups had called on Beijing to stop the execution and urged Islamabad to take up appeals on his behalf. There was no comment from either government.

Relatives were allowed one last meeting with Mr Husain at Shanghai Detention Centre on Wednesday morning.

His cousin, Tasneem Fatima, told the BBC the family expects to travel back to Pakistan later this week, once his body has been returned to them. The last thing he told her was that he was innocent, she said.

Four other Pakistanis arrested with Mr Shah were sentenced to life imprisonment. According to Mr Husain’s relatives, he was framed for a crime he did not commit.

“Executing someone for drug-related offences violates internationally accepted standards for imposing the death penalty,” said Sam Zarifi, Amnesty International’s Asia-Pacific director.

The human rights group argues that no-one sentenced to death receives a fair trial in China, where thousands of executions for drug trafficking take place every year, more than the rest of the world combined.

Courtesy: → BBC

In Islamic Republic of Pakistan, donkey convicted as adulteress; shot dead. Donkey’s lover in hiding

– Donkey declared ‘Kari’ killed

SUKKUR: Incredible though it may sound, a donkey was declared ‘Kari’ and shot dead here in a remote area on Monday. The Jirga imposed 110,000 rupees fine on the alleged ‘Karo’.

The reports said that in Village Ghahi Khan Jatoi, a villager Ghazi Khan alias Malang shot dead his donkey on being ‘Kari’ with Sikandar Ali alias Deedo. He attempted to kill Sikander too but the alleged Karo managed to escape and surrendered himself to an influential person of the area.

Sources said the influential person summoned both the parties and imposed 110,000 rupees fine on the Karo. They said Sikander and his family were forced to pay Rs 50,000 on the spot and the remaining amount in two installments.

The sources added that the alleged Karo pleaded innocence at the Jirga, but the Jirga members paid no attention to it. Sikander’s family said he paid Rs 50,000 to save his life otherwise he would have been killed.

Courtesy: The News