Tag Archives: conviction

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

Pakistan – A History of Judicial Tyranny

By Shehryar Riaz Sheikh

26 April 2012 was another tragic day in our democratic history; the unanimously elected Prime Minister of Pakistan who in his wisdom ordered the release of the deposed Lordships of the Superior Courts immediately upon his election was convicted of Contempt of Court. Notwithstanding the uniqueness of NRO judgment condemning over 8000 accused without a hearing and the inherent selectivity of only targeting the President and his aides in the process, the overwhelming part of the judgment was implemented by the Federation of Pakistan. It is pertinent to mention that the grand strategist (of the “strategic depth” fame)–the promulgator of the infamous Ordinance luxuriously resides safe and secure from the wrath of law. Former Prime Minister Mohammad Khan Junejo and his almost 9 March’07 like moment of defiance during the notorious Zia regime is a case in point as to how an instance of individual heroism could not break the dictatorial chains. In case of the present dispensation, it was Benazir Bhutto’s sheer political maneuvering in striving for a political settlement, her ultimate sacrifice coupled with the sagacity of the political leadership along and the democratic struggle unleashed by the lawyers movement which paved way for the return of democracy to Pakistan. The present democratic dispensation is the sequel to NRO. History is bound to narrate as to how if had not been achieved, there would have been no elections, no assemblies, no free media and no free judiciary. The national leadership too would still have been languishing in exile.

Continue reading Pakistan – A History of Judicial Tyranny

How PM conviction hysteria overshadows real security challenges

Has the threat diminished?

By: Huma Yusuf

POLITICAL hysterics resulting from the prime minister’s conviction and an equivocal Supreme Court sentence are currently overshadowing discussions about Pakistan’s security challenges.

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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. ….

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