Courtesy: Dunya TV, Tonight with Najam Sethi
Sindh AG calls for scrapping of Objectives Resolution
“I would request the apex court to be very cautious for the sake of the future generation while deciding these petitions,” said Sindh’s Advocate General Yousuf Leghari to the Supreme Court.
ISLAMABAD: Sindh’s Advocate General Yousuf Leghari surprised the Supreme Court bench hearing challenges to the 18th Amendment in the Constitution on Monday when he said he was against the inclusion of the Objectives Resolution in the 1973 Constitution because it had been made the preamble to the constitution by rightists during the period of a military dictator.
The Objectives Resolution (OR) was passed by the First Constituent Assembly in March 12, 1949, after it was proposed by then prime minister Liaquat Ali Khan.
It envisages that the constitution of Pakistan will be democratic and based on the fundamental laws of Islam.
The resolution was inserted as the substantive part of the constitution through the Eighth Amendment when Gen Ziaul Haq was in power.
In a brief but bold stance taken before the court, the AG Sindh called for deleting the Objectives Resolutions from the constitution, saying it had been included in the constitution in a dubious manner because it was very difficult to maintain the alleged hegemony of a particular province, especially in the presence of the then East Pakistan which was in majority at that time.
He severely criticised the basic structure theory and said that the petitioners who had challenged the 18th Amendment and relied on the theory were trying for the revival of the law of necessity under which the Supreme Court had always validated unconstitutional steps taken by military dictators. “Federalism is the only basic structure of the constitution,” he emphasised. He alleged that the Supreme Court had constituted the 17-judge bench only to hand down a law which would be very difficult to be overruled in future.
“Therefore I would request the apex court to be very cautious for the sake of the future generation while deciding these petitions,” Mr Leghari said.
He was of the view that the court had no jurisdiction to entertain these challenges under its jurisdiction on the enforcement of the fundamental rights because not a mala fide act by the parliament to amend the Constitution and adopt the 18th Amendment.
Read more >> DAWN
ISLAMABAD: The Supreme Court was hearing petitions challenging the 18th Amendment on Monday, DawnNews reported.
A 17-judge full court, headed by Chief Justice Iftikhar Mohammad Chaudhry, was hearing petitions challenging certain clauses in the Amendment.
During the hearing, the federation lawyer said that the parliament’s powers were limitless.
Responding to that, Chief Justice Iftikhar said that limitless powers could secularise the country.
Read more >> DAWN
Only 2 chiefs in 14 years, Kayani is “King” again! New theories on Pak General’s 3 -years extension.
By a Staff Writer
ISLAMABAD – The truth is that the Chief of the Army Staff is the real ruler in Pakistan. It is he who decides who will be the president and prime minister of the country, according to political observers. They say even the dismissal and the re-instatement of the Supreme Court judges is the right of the army chief.
It is still fresh in the minds of the people of Pakistan that Gen. Parvez Musharraf as army chief bulldozed the whole judiciary…… Perhaps Dr. Ayesha Siddiqa was correct when she said it’s wrong to assume that military is out of Pakistan’s politics. “Military is not out of politics. The (military commanders) are not in driver’s seat and they need not be because they have chauffeurs to drive for them.” She was quoted as saying by Canadian Asian News. Dr. Siddiqa, a political analysit and author of famous book – Military Inc: Inside Pakistan’s Military Economy, was in Toronto in March this year to deliver a lecture. She opined that military commanders are the real rulers in Pakistan. It does not matter whether they occupy the front seat or take the back seat.
During his lecture in Toronto recently, another political analyst Dr. Haider Nizamani, a professor at the University of Columbia, said that in a greater interest of the country, the army should stop calling the “political shots.”
Courtesy: Asian News, August 01, 2010, Vol. 14, No. 184
Bangladesh SC bans religion in politics
DHAKA: Bangladesh’s Supreme Court has reinstated a ban on Islamic political parties in the latest blow to ‘religious hardliners’ in the impoverished South Asian country, a minister said on Thursday.
In a detailed, 184-page verdict released late on Wednesday, the Supreme Court scrapped the bulk of the 1979 fifth amendment, including provisions that had allowed religious political parties to flourish and legalised military rule.
“Secularism will again be the cornerstone of our constitution,” law minister Shafiq Ahmed told AFP on Thursday.
After independence, Bangladesh’s first constitution made secularism a key pillar. Following a 1975 coup, the army-led government amended the constitution’s guiding principle to “faith in Allah” in 1979.
Religious parties, which were banned in the original 1971 constitution but legalised by the 1979 amendments, are now banned again as the above provision has been thrown out, said Ahmed.
“Islamic parties cannot use religion in politics any more,” he said.
In 1988, a second military-led government made Islam the state religion in the Muslim-majority nation.
“But following the scrapping of the fifth amendment, these later amendments can now be challenged in court,” Ahmed said.
In the verdict, which was issued in January but became trapped in an appeals process until Wednesday, the Supreme Court also declared the 1975-1990 military rule illegal, and recommended punishing military dictators, Ahmed said.
“This means that, in theory, any Bangladeshi citizen could initiate a lawsuit against a former military dictator,” he said, adding that the repeal of the amendment would also limit the possibility of a future military coup.
“It is a landmark verdict,” Supreme Court lawyer Shahdeen Malik, who is also dean of law at the private BRAC university told AFP, adding that lawmakers would now have to clarify how the verdict would be applied by law.
Since the Awami League’s landslide election win over the Islamist-allied Bangladesh Nationalist Party (BNP) in 2008, the government has cracked down on Islamic groups and parties.
Read more >> The News
BNP-M leader Habib Jalib Baloch shot dead
Moscow-educated Jalib was a prominent Baloch intellectual and a former chairman of the Baloch Students Organisation.
QUETTA: Central Secretary-General of the Balochistan National Party – Mengal (BNP – M) and former senator Habib Jalib Baloch was shot dead in Quetta on Wednesday.
Jalib, a senior Supreme Court lawyer, was on his way to the court when he was killed by three unknown assailants riding a motorbike in Quetta’s Musa Colony area.
Read more >> DAWN
Read more >> BBC urdu
PPP should quit provincial coalition on differences: LHC CJ
LAHORE: The Pakistan People’s Party should separate itself from the coalition in the Punjab government if it has any differences with it, a private TV channel quoted Lahore High Court Chief Justice Khawaja Muhammad Sharif as saying on Tuesday, adding that his personal relations with the Sharif brothers can never come in the way of justice.
The LHC CJ was addressing a ceremony in Hafizabad, where he inaugurated a new chamber of lawyers. He said he shares 40-year old relations with the Sharif brothers, but his relations with both the Pakistan Muslim League-Nawaz leaders have never come in the way of justice. He said some elements were creating baseless propaganda against him and his son, the channel reported. …
Read more >>- Daily Times
PR- June 26- TX: Sindhi Association of North America (SANA) is to hold its 26th annual convention at Westin Galleria Hotel, Houston TX, July 2-5. SANA is the largest representative, secular, democratic organization of Sindhi’s living in USA and Canada. Its annual convention is the most popular and a major community event attended by a large number of people.
Former Indian Union Minister, member of Rajya Sabha, the upper house of the Indian Parliament and president of the Supreme Court Bar Association of India Ram Jethmalani will be Chief Guest at the convention. Former Minister of State in Pakistan and ex-chairman of the Technical Committee on Water Resources, Engineer A. N. G. Abbasi will be the keynote speaker. Former Foreign Secretary of Pakistan and Pakistani ambassador to USA Najamuddin Shaikh, Sindh Taraqi Pasand Party chief Dr Qadir Magsi and head of Sindh TV Dr Karim Rajpar, Dr Sono Khangharani, Jami Chandio, Imtiaz Shaikh and Zulfiqar Halepoto are among panelists at various sessions.
The proposed sessions at the convention include the general body session, a special session on Sindhi Youth and future of SANA, economic and political situation in Sindh, Sindhi identity and the role of Sindhi Diaspora, sessions for ladies, medical seminar and the literary session, Sindhi Adabi Mehfil.
Two nights of great Sindhi music have also been planned for the convention. Artists from USA, and Sindh, Pakistan including Humaira Channa, Arshad Mehmood and Siridivi, will perform at the convention.
Mayor Houston Annise D. Parker and US Senator Kay Bailey Hutchison are also expected to attend and speak at the convention.
Malik plea against sentences dismissed
LAHORE: Lahore High Court (LHC) dismissed the appeals filed by Federal Interior Minister Rehman A Malik against the punishments announced by accountability courts, Geo News reported Monday.
It should be mentioned that Accountability courts declared three-year sentences for not appearing in two different cases. At the outset of the case, the court suspended his sentences on his plea and granted him bail.
The legal experts said the sentences meted out to Malik stood as restored technically after his appeals for the repeal of the sentences were discharged by the court and he might be arrested.
A sad day for justice and democracy in Pakistan
by Khalid Hashmani, McLean
It is indeed a sad day for democracy and justice in Pakistan. Even though the policies of PML-N in general and Nawaz Sharif in particular have been anti-Sindhi and anti-provincial autonomy, the recent actions by the controversial judges of the Pakistan Supreme Court and subsequent imposition of Governor’s rule in Punjab should be unfit.
Taking one step forward to restore democracy and justice in Pakistan and two steps back does not bode well for the future of Pakistan. The same politics of agitation and supressing opposition of yester years continues to prevail, bringing Pakistan one step closer to becoming a failed state.
Feb 26, 2009
Sharif’s backers protest in streets after ruling bars him from office
by Laura King, Los Angeles Times
Islamabad- Former prime minister Nawaz Sharif may well be the most popular politician in Pakistan. So the Supreme Court’s decision yesterday that bans him from holding elected office has set the stage for what could be a bitter show-down between his backers and the already shaky government of President Asif Ali Zardari.
Pakistan, which over the past 18 months has seen a grassroot uprising against long-time military leader [Dictator] Pervez Musharraf, the assassination of former prime minister Benazir Bhutto and then the advent of civilian rule, appears ill-prepared for another prolonged period of political. turmoil. Islamic insurgents are gaining strength, and the economy is virtually on life support from international leaders.
Analysts characterized yesterday’s court ruling as a drawing of battle lines between Zardari’s Pakistan Peoples party and its one time ally, Sharif’s Pakistan Muslim league- N. Two parties teamed in Feb 2008 to take on Musharraf, soundly defeating his party in parliamentary elections and ousting him from office six months latter. But having gained power, they fell out with on another.
Sharif’s supporters protested yesterday’s verdict, saying they do not recognize the legitimacy of the court. They repeated demands for the reinstatement of the former chief justice and other senior judges dismissed by Musharraf in late 2007 during a bout of de facto martial law.
“This is mockery of justice, mockery of democracy,” Ahsan Iqbal, senior leader of Sharif’s party, said of the ruling. “The decision has once again pushed Pakistan on the path of political confrontation and political instability.”
The former prime minister’s brother, Shahbaz Sharif, was also disqualified by the court from holding office, in effect removing him from his position as chief minister of Punjab, the country’s most populous and affluent province.
Supporters of the Shairf pouredinto the streets of major cities, burning tires and chanting anti government slogans.
A firebrand populist, Sharif returned to Pakistan in late 2007 after nearly eight years in exile, foiling efforts by Musharraf to keep him away. Although Shairf’s party trailed the Pakistan People’s Party in the February 2008 vote, some commentators attributed that to sympathy over the assassination six weeks earlier of Bhutto, Zardari’s wife. Most public opinion polls suggested Sharif’s popularty has now eclipsed Zardari’s.
Our source of above article Thursday, Feb 26, 2009, Toronto Star, page A13.