Tag Archives: elected

Francis Jorge Mario Bergoglio of Argentina elected pope

Jorge Mario Bergoglio of Argentina elected pope

VATICAN CITY: (Reuters) – Jorge Mario Bergoglio of Argentina was elected pope on Wednesday to lead the Roman Catholic Church, a prelate announced to huge crowds gathered in St. Peter’s Square.

He took the name Pope Francis, the cardinal said.

Cardinals elected Bergoglio on just the second day of a secret conclave to find a successor to Pope Benedict, who abdicated unexpectedly last month.

(Reporting by Crispian Balmer)

Courtesy: Reuters
http://www.reuters.com/article/2013/03/13/us-pope-succession-idUSBRE92808520130313

Elected officials can be disqualified in Pakistan, but unelected DG ISI, MI are above the law?

Debate begins on whether DG ISI, MI can be booked

By: Ahmad Noorani

ISLAMABAD: For the first time in country’s history, the Punjab Police have registered an FIR against the chiefs of the Inter Services Intelligence (IsI) and Military intelligence in a missing person’s case in compliance with the Islamabad High Court orders.

The Punjab police action has sparked a new debate as to whether police can book chiefs of major intelligence agencies of the country.According to details, one Naveed Butt, spokesman of banned Hizbul Tehrir was allegedly picked up by the agencies on May 11, 2012, outside his home in Lahore in area of Liaqatabad Police Station. Saadia Rahat, a lawyer and wife of Naveed Butt, moved the Islamabad High Court (IHC) against abduction of her husband and also moved an application in the Police Station concerned.

On May 14, 2012, the IHC ordered the Punjab Police to recover the missing person and act under the law. However, Naveed was not recovered and on June 26, 2012, the Punjab Police registered an FIR based on the application of Naveed’s wife.

The FIR is captioned: ‘FIR against DG ISI, Deputy Director ISI, Lahore, DG MI, Rawalpindi, Deputy Director MI, Lahore,” and numbered 566/12 PS Liaqtabad, Lahore. Some experts say that an FIR could not be registered against the intelligence chiefs of the country while others disagree with this view.

After registration of the FIR, the Punjab Police immediately took action against the SHO Rana Khursheed of the police station concerned and made the concerned SP, Athar Waheed, an OSD, considered to be a punishment in bureaucratic parlance.

Raja Irshad, senior lawyer, who represented the ISI in many cases, when approached by The News, said that registering of FIR against the DG ISI and DG MI is a ‘wrongful and ‘illegal act’.

Continue reading Elected officials can be disqualified in Pakistan, but unelected DG ISI, MI are above the law?

Justice Louise Arbour Concerned About Direction of Pakistan’s Supreme Court

Justice Louise Arbour has a distinguished career devoted to promoting the principles of justice. Currently serving as the President of the International Crisis Group, Justice Arbour is the former UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda. As such, she knows a thing or two about the importance of an independent judiciary in developing countries and emerging democracies. That’s why, when Justice Arbour expresses concerns about the looming constitutional crisis in Pakistan, her concerns merit serious consideration.

An ardent supporter of Pakistan’s 2007 “Lawyer’s Movement” to restore judges deposed by Gen. Musharraf, Justice Arbour had hoped to see a new era for the Court, one that broke with its past of supporting military dictators and their mangling the Constitution and the rule of law. Today, she fears that those same justices have become “intoxicated with their own independence,” and that the current direction of Pakistan’s Supreme Court Justices threatens to upend the very democratic order that restored them to the bench.

Speaking to a crowded auditorium at the Woodrow Wilson Center in Washington, DC, Justice Arbour noted that the current tension between Pakistan’s Supreme Court and its elected officials might seem like a political soap opera were it not for Court’s history of collusion with the military to suppress democracy. Judges “who took an oath to a military dictator are not well placed to make the decision” to remove democratically elected officials, she observed, referring to Chief Justice Iftikhar Chaudhry’s 1999 oath under Gen. Musharraf’s Provisional Constitutional Order (PCO). While not inevitable, Justice Arbour said, it is possible that Pakistan’s Supreme Court could end up dissolving the democratically elected government with the help of the military, putting in place an extended caretaker government in what would be, for all intents and purposes, another coup.

During her visit to Pakistan, she assured the room, she met with no government officials. Her interest was in the views of the legal community, whom she found deeply divided, seemingly on political lines. This troubled the former Justice, who worries that Pakistan’s Supreme Court has become increasingly politicized, threatening its credibility. She pointed to the memo commission, which she said “reflected very poorly on the judiciary,” and added to the appearance of growing politicization.

The present case, in which the Supreme Court has ordered the Prime Minister to write a letter to Swiss authorities requesting that criminal cases be reinstated against the President, adds to the appearance of an increasingly politicized judiciary. From a legal perspective, the issue centers on one of separation of powers. In fact, Pakistan’s Chief Justice has repeatedly stated recently that “parliament is not supreme.” In questions such as these, where the Supreme Court has a vested interest in the outcome, Justice Arbour suggests that it is all the more important that court show self-restraint and frame its decisions in a way that “advances the authority of all institutions,” not only its own.

Continue reading Justice Louise Arbour Concerned About Direction of Pakistan’s Supreme Court

Please, not again

By Saroop Ijaz

Jo shakhs tum se pehle yahan takht nasheen tha/ Usko bhi Khuda hone pe itna hi yaqeen tha” (“The person occupying the throne before you was equally convinced of his divinity”).

It is always slightly discomforting when one is deprived of a metaphor or an agreed upon symbol. ‘Dictatorship’ — of the Pakistani variety — has been defined over the years and now we have the definition down cold, it is almost an intuition now, for e.g., it is khaki in colour, comes from the GHQ etc. However, in the past few days, the term, ‘judicial dictatorship’ is making the rare appearance here and there. This is, admittedly, an awkward term and also perhaps, inaccurate since it seems to suggest that judiciary as a collective is becoming dictatorial. Over the past four years, the authority and decorum of all courts in Pakistan except the Supreme Court has seen tremendous erosion, with lawyers routinely beating judges up in civil courts and using ‘non-parliamentary’ language in the High Courts. There is no point in euphemism now, hence somewhat more precise would be the even more clumsy phrase, ‘dictatorship of the Supreme Court’ or some permutation thereof.

The Pakistan Supreme Court has sent an elected prime minister home. This in itself is disturbing, however, permissible it may be under some circumstances. What is infinitely more worrying is the fact that the Supreme Court did not feel itself constrained by the procedure of law. The argument that the order of the Speaker cannot overrule the Court is a very decent one, yet does not explain why the Court ignored the clear provisions of the Constitution to send the matter to the Election Commission of Pakistan. There is also the issue of the three-member bench making a mockery of the seven-member bench. However, there is a vaguely linear progression to all of this. The Supreme Court terminated the employment of  “PCO” judges without reference to the Supreme Judicial Council, which was allowed to go unexamined. More recently, when memberships of members of parliament were suspended for dual nationality, again without reference to the Election Commission of Pakistan, not enough noise was created. Demagogy has a tendency of being incremental sometimes; they have tested the waters and now found it appropriate for a splash. It is likely to get worse now, it always does.

Continue reading Please, not again

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:

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

Pakistan’s Institutional Battles: Coups and Continuity

The past few weeks have been been a tumultuous time for Pakistani democracy. Even Deputy US Ambassador to Pakistan Richard Hoagland Tweeted last week that, “it’s getting confusing”. But as people try to make sense of rapidly changing events, it’s important not to miss the forest for the trees. Despite what seem like inscrutable events taking place, it’s what isn’t happening that points to democratic progress in Pakistan.

Continue reading Pakistan’s Institutional Battles: Coups and Continuity

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.

CMKP Rejects Judicial Coup in Pakistan

In his statement Dr. Taimur Rahman, General Secretary of the Communist Mazdoor Kissan Party Pakistan (CMKP) opposes the recent judicial coup against the elected Prime Minister of Pakistan. This decision by the SC, which is completely outside of the power of the Supreme Court, is simply one more coup in a series of coups that have been organized time and time again in the history of Pakistan against elected governments. These successive coups have destroyed the democratic process in Pakistan, destroyed any chance of the development of a mature political leadership. And finally contribute to nothing except to further fragment politics along reactionary right wing lines.

We would have been the first to support a change in government if it was the product of a mass movement of workers and peasants fighting for their rights. But nothing of the sort is taking place. In fact, the elected government and the right wing judiciary have been trading punches only within the framework of their own narrow class interests for the last four years.

When little over a week ago the moral authority of the judiciary was questioned in a fundamental manner over serious charges of corruption, the judiciary decided to act immediately before its own corruption was completely exposed to the public. Today all those allegations of corruption of the judiciary have been buried in an avalanche of right wing propaganda hailing the decision of the Supreme Court as a great step against corruption. Nothing of the sort has been achieved. In fact, a new PM will be elected very soon. The same case of writing a letter to the Swiss authorities to open cases against the President will be opened against the new Prime Minister. And the musical chairs will continue.

Continue reading CMKP Rejects Judicial Coup in Pakistan

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/

 

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.

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

The Wall Street Journal on Islamabad’s Judicial Coup

Islamabad’s Judicial Coup

The Pakistani Supreme Court’s decision Tuesday to dismiss Prime Minister Yousuf Raza Gilani signals the unnatural death of another civilian government. While less dramatic than the military variety, this judicial coup—carried out on the pretext that Mr. Gilani refused to pursue corruption charges against President Asif Ali Zardari—perpetuates the cycle of unelected institutions “rescuing” Pakistanis from their own chosen leaders.

The man responsible for this constitutional crisis is Chief Justice Iftikhar Chaudhry,

Continue reading The Wall Street Journal on Islamabad’s Judicial Coup

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’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

Is this Justice???

Pakistan Peoples Party Washington DC condemns the decision made by Supreme Court against elected prime minister of Pakistan Syed Yousaf Raza Gillani.

In their statement PPP said that PM was just following the constitution of Pakistan.

It also noted with disappointment that while no dictator had been punished for suspension and abrogation of the Constitution a democratically and terorist like Malik Ishaq had been granted bail but an elected Prime Minister had been sentenced for upholding the Constitution. They also criticize media’s role in being a cheer leader of right-wing, Islamist politicians and populist judges is an unfortunate departure from its often stated role of being a “fair and balanced” presenter of the news and of informing the public.

PPP demands Supreme Court to invest time in issues which are concern to Pakistan and its people such as Younas Habib case instead of becoming a tool to destabilize democracy in country.

The participants of meeting said that Mr. Nawaz Shrif must remember his past actions before suggesting PM to resign as it is not PPP who attacked Supreme Court but was Mr. Shrif and his party members. The participants also noted that it is about time for Sharif brothers to support democracy in Pakistan as federation and stop beating provincial band.

The meeting of the PPPUSA congratulated the Prime Minister over his stance in defending the Constitution.

Meeting was attended by:

Senator Mohammad Akbar Khawja, Ali Nawaz Memon, Sr.Vice President PPP USA, Syed Iftikhar Zaidi, Sr.Vice President PPP USA, Masood Zakria Ch., Additional Sec Gen PPP USA, Dr. Javed Manzoor President PPP USA, Jawad Shirazi, Sr.,Vice President PPP Washington DC, Mansoor Qureshi, Sec. General PPP Washington DC, Munirullah Butt, Syed Imran Zaidi, Sec. Information PPP Washington DC, Junaid M Choudhary, Ali Awan, Junaid Chudhry, Haider Asghar, Jaffer Shah, Nawazish Shah

ISI has taken over GHQ – By Najam Sethi

The army was constitutionally mandated to be an arm of the Pakistan state with elected civilians in control of the executive. But it has seized the commanding heights and subordinated the other organs of the state to its own unaccountable purposes.

In recent times, however, something even more sinister has been happening. This is the creeping growth of the ISI from a small arms-length intelligence directorate or department of the military (Inter Services Intelligence Directorate) in the initial decades of independent Pakistan to an omnipotent and invisible “deep state within the state” that now controls both military strategy and civilian policy.

General Pervez Musharraf’s unprecedented appointment of General Ashfaq Kayani, a former DG-ISI, as COAS was the first step in this direction. The second was General Kayani’s own decision to routinely rotate senior and serving ISI officers to positions of command and control in the army and vice-versa, coupled with his insistence on handpicking the DGISI and extending his service. Together, these decisions reflect a harsh new reality. The ISI has walked into GHQ and seized command and control of the armed forces.

This is a deeply troubling development because it violates the established norm-policy of all militaries in democratic societies – intelligence services must consciously be kept at arms length from GHQ because “field commanders must not get contaminated” or tainted by cloak and dagger operations in grey zones. That is why COAS Gen Zia ul Haq kicked Gen Akhtar Abdul Rehman, DGISI, upstairs to CJOSC rather than give him troops to command. That is why COAS Gen Asif Nawaz sidelined DGISI Gen Asad Durrani as IG Training and Evaluation. That is why COAS Gen Waheed Kakar prematurely retired Gen Durrani from service for playing politics in GHQ and then recommended Gen Jehangir Karamat as his successor rather than his close confidante and former DGISI Gen Javed Ashraf Qazi. Indeed, that is why the CIA, RAW, MI6, KGB, MOSSAD etc remain under full civilian operations and control even though soldiers may be seconded to them or head them occasionally.

The ISI’s meteoric rise in the 1980s is well documented. It became the official conduit for tens of billions of dollars of arms and slush funds from the US and Saudi Arabia to the Mujahideen against the Soviets in Afghanistan. Three serving generals of the time were billed as “the richest and most powerful generals in the world” by Time magazine in 1986. Two of them, Gen Akhtar Abdul Rehman and Gen Hameed Gul were in turn DGs-ISI while the third, General Fazle Haq, was the Peshawar gatekeeper to Afghanistan.

Three Prime Ministers have fallen victim to the ISI. PM Junejo ran afoul of DGs ISI Gen Hameed Gul and Gen Akhtar Abdul Rehman over the Ojhri Camp disaster. Benazir Bhutto was undermined by DGs ISI Gen Gul and General Asad Durrani. And Nawaz Sharif by DG ISI Gen Javed Ashraf Qazi and COAS Gen Waheed Kakar. Indeed, Mr Sharif might have survived in 1999 if Gen Musharraf had not earlier cunningly moved Gen Mohammad Aziz from the ISI to GHQ as CGS because it was the latter who nudged Corps Commander Pindi Gen Mahmood Ahmed to execute the coup in the absence of Gen Musharraf.

The ISI’s creeping coup – ISI officers returning to command positions in the army – against GHQ is fraught with problems. It has eroded the credibility and capacity of both the current DG ISI and COAS within the military and civil society. The ISI’s spectacular failures (BB’s assassination, Mumbai, Raymond Davis case, missing persons, Memogate, Mehrangate, Abbotabad, Saleem Shehzad, Get-Zardari, etc) can all be laid at GHQ’s door just as the ISI’s anti-terrorist policy failures are responsible for the loss of over 3000 soldiers to the Pakistan Taliban and the terrorist attacks on GHQ and Mehran Navy Base. The fact that both the COAS and DG ISI have taken extensions in service has also undermined their credibility far and wide.

Continue reading ISI has taken over GHQ – By Najam Sethi

Civil Society Calls for a Joint Stand Against the Undemocratic Overthrow of the Elected Govt in the Maldives

SINDH – Karachi, Feb 11, 2011: The civil society in Pakistan expressed grave concern over the events in Maldives where an elected government was ousted in a coup following political unrest in the country. The government of the now toppled President Mohamed Nasheed came to power after the 2008 elections ended 30 years of autocratic rule (by Maumoon Abdul Gayoom).

The political turmoil in Maldives and the unlawful overthrow of an elected government in the country remains a matter of grave concern for the South Asian neighbours and the partners of Maldives since the event may have a far ranging impact on the direction and the future of democracy in the region. The coup d’état is a condemnable act and all South Asian states and civil societies must join forces against this undemocratic move by the security forces of Maldives. At least two countries in South Asia – Pakistan and Bangladesh that have faced martial laws and coups in the past know very well how people suffer when democracy is brought down. Not only did the military rule in these two countries compromised political and administrative institutions, it took these countries several decades back in terms of economic and social development.

Continue reading Civil Society Calls for a Joint Stand Against the Undemocratic Overthrow of the Elected Govt in the Maldives

Efforts to unseat elected govt through courts is ‘Contempt for Voters’ – Guardian Editorial

Pakistan politics: contempt for voters

Legality of supreme court’s move to unseat democratically elected government before its term is highly debatable

The national reconciliation ordinance was a dirty deal, brokered by the Bush administration, between Pakistan’s then military ruler Pervez Musharraf and Benazir Bhutto. It allowed her to return from exile and take part in elections in exchange for the dropping of corruption charges against her husband Asif Ali Zardari and other officials. The constitutional court was right to declare it unconstitutional two years later in 2009 and, it could be argued, equally right to demand the current government’s full implementation of the court’s decision.

The court is trying to do this by requiring the serving prime minister, Yousaf Raza Gilani, to write to the Swiss authorities asking them to reopen a corruption inquiry against Mr Zardari. This the prime minister refuses to do on the grounds that Mr Zardari, who is now president, enjoys executive immunity from prosecution both inside and outside the country. The immunity the president enjoys while in office has not been the issue in the court, only Mr Gilani’s failure to comply with an unimplementable order. Yesterday he was charged with contempt, a move which could lead to his dismissal from office. If the legality of the court’s move is debatable, the politics of it are extremely murky.

First the timing. Having sat on this issue for three years, the supreme court are only now moving against Mr Gilani, who has become Pakistan’s longest serving prime minister. He was also the only one to be have been voted unanimously in power by parliament. Why now? With elections coming up in March 2013 which the leading party in the coalition, the Pakistan People’s Party, could very well win, this is an attempt to stop the civilian government from consolidating its power. In past eras this would have been done by tanks and generals. Today, it is been done by using supreme court justices as proxies. That may be called progress, but the manoeuvre to unseat a democratically elected government before its term is up remains the same.

Further, no domestic proceedings are being brought against President Zardari. They want a foreign government to do their work for them. Nor is any politician in Pakistan in a rush to challenge the rule of the executive immunity from prosecution for the simple reason that in power they would be sure to benefit from it as well. Once Mr Zardari loses office, fairly and at an election, he will lose that immunity and it is entirely right that he should have to account for allegations that he received kickbacks in a court of law. But that is not the purpose of yesterday’s contempt hearing. It is to sow political chaos and Mr Gilani is right to resist it. If he is convicted and forced from office, he will become a martyr in his party’s eyes. This will only propel his career forward.

Courtesy: Guardian.co.uk

http://www.guardian.co.uk/commentisfree/2012/feb/13/pakistan-politics-contempt-voters?newsfeed=true

via » WICHAAR.COM

Some sanity, but the shenanigans go on

By Kamran Shafi

Excerpt;

…. The Prime Minister is again summoned to the SC on charges of contempt of court. By golly, the majesty of the Honourable Court when it comes to ‘bloody civilian’, elected leaders! When will those who disappear people, or those who imprisoned the judges in their homes also appear in court? …

Read more: The Express Tribune

‘Restraint’ must follow ‘activism’

By Khaled Ahmed

Expansion of judicial power is welcome, but one must not forget that there is also such a thing as judicial excess

On 30 February 2012, the Supreme Court (SC) has allowed former Pakistani ambassador to US Husain Haqqani to travel abroad after an important witness in the ‘memo’ case finally refused to present himself at the judicial commission set up by the Court. This is the first sign of gradual erosion of the charges that were finally to target President Zardari as the originator of ‘treason’ against the Pakistan Army through an American businessman, Mansoor Ijaz.

Analysts believe the Court has been let down by the other parties interested in crucifying the PPP leader and sending the PPP government packing before its term. Nawaz Sharif may have stitched up a deal with Zardari over the timing of next general election; and the Army may have been appeased through Zardari’s sacrifice of Husain Haqqani as burnt offering to the generals. At the time of writing, Barrister Aitzaz Ahsan was defending Prime Minister Gilani against a charge of contempt and persuading the honourable Court to relent and be satisfied with a belated letter to the Swiss authorities.

The Supreme Court of Pakistan is hearing two cases – and a third one is coming up later in the month – that threaten to expose it to lack of judicial restraint. At home, internecine politics and the besiegement of the ruling party give it the ballast with which it can keep going if it wants. But the lawyers’ movement – which deluded it into feeling that it was backed by ‘the nation’ rather than the Constitutionis split at the top, the vanguard of its leaders now skeptical of its steamrollering activism. Internationally too it is now facing isolation.

On January 25, 2012, the International Commission of Jurists (ICJ) expressed its concern over the convening of the inquiry commission for the memo affair, saying ‘there are legitimate concerns‘ that, by neglecting the rights of the ex-ambassador Husain Haqqani, the Court ‘may have overstepped its constitutional authority and that this action could undermine the ongoing Parliamentary inquiry. The ICJ supported the ousted Supreme Court and consistently accepted its activism in a national environment of extreme dereliction and corruption in state institutions topped by the incumbent executive.

Sitting inside Pakistan and bristling over country’s eroding sovereignty, it is easy to be isolationist and ignore the ICJ warning. Those among the top lawyers – Asma Jahangir, Munir A Malik, Ali Ahmad Kurd, Aitzaz Ahsan – who have decided to caution judicial restraint after a bout of activism so intense it looked like revenge, are being cursed by the mainly conservative and bucolic (mufassil) lawyers’ community as well as the media clearly bent on getting rid of a largely dysfunctional PPP government.

The ‘national consensus’ is chiding the Supreme Court to review just anything under the sun as the forum of last resort. There is no forum higher than the Supreme Court if you feel aggrieved. Except that the Court takes an objective view of its authority and a realistic view of the fallibilities of a third world state cut to pieces by terrorism. It is more difficult to convict a known terrorist in Pakistan than the sitting prime minister.

Continue reading ‘Restraint’ must follow ‘activism’

‘Haqqani coerced to confess that Zardari behind memo’

Pakistan’s former ambassador to the United States Husain Haqqani said that the judicial commission investigating the memogate was trying to coerce him to confess that President Asif Ali Zardari had urged him to draft the memo to former chairman of the US Joint Chiefs of Staff Committee Admiral Mike Mullen.

This was revealed by Haqqani to Professor Christine Fair of Georgetown University, a South Asia expert, who has extensively researched the Pakistan army, the Inter-Serviced Intelligence and the terrorist organisations based in the country.

Haqqani was asked to step down as Pakistan’s envoy to the US over his suspected role in the secret memo, which said that the Pakistan government had sought help from the United States to stave off a military coup in the wake of the Abbottabad raid on May 2, which killed Osama bin Laden.

Fair, who was discussing the memogate affair at a conference at the Hudson Institute and arguing how the judicial process has been subverted and due process disregarded in the investigation of Haqqani, said she had met Haqqani last week. His interpretation of the investigation was “that they are trying to use these proceedings to put the fear of Allah in him to get him to give up the goods on Zardari to bring this government down,” she said. “This is a well-worn playbook that this military had in its disposal,” she added.

Fair said that this case “bears some similarity to what we saw with (former Pakistan prime minister) Benazir’s (Bhutto) father — Zulfikar Ali Bhutto — when they took the head of his security and coerced him into becoming what’s called an approver in Pakistani parlanace — I guess in our parlance it would be basically a witness for the state.”

Thus, she said, “While we all care about Husain Haqqani, I want to emphasise that this is not simply about the particular personal safety or lack thereof of Haqqani, but also about Pakistan’s democratic institutions.”

Fair said that what was currently taking place in Pakistan “in my view is a slow-moving coup.”

So, if we care about Pakistan’s democracy as well as Husain Haqqani, the United States government really needs to be much more vocal than it has been,” she said. “We have to work with our partners to send a very clear message that we recognise that this is a coup albeit via judicial hue.”

Lisa Curtis, who heads the South Asia programme at The Heritage Foundation, a conservative Washington-based think tank, warned that “if the Zardari government is forced out, whether it be through the Supreme Court — and it looks like the army is working in tandem with the Supreme Court albeit behind the scenes — this is going to send a negative signal.”

Curtis, a former Central Intelligence Agency official, said the signal would be clear that “the Pakistan army still wields inappropriate control within the systems,” and that ‘civilian democracy has really not taken root in Pakistan“. She argued, “Even though the Zardari government may not be perfect, it’s an elected government and we need to keep that in mind.”

Courtesy: rediff.com

http://www.rediff.com/news/report/haqqani-coerced-to-confess-that-zardari-behind-memo/20120119.htm?sc_cid=twshare

In Defense of Pakistan’s democracy – Zardari-Gilani government must be allowed to complete its five-year term

Pakistan at a Crossroads, Again

For democracy to take root, the Zardari government must be allowed to complete its five-year term.

BY SADANAND DHUME

Who gets to decide when a democratically elected government’s time is up? To the average Japanese, Indian or American, the answer is obvious: the same people who voted it into office in the first place. Not so for the average Pakistani.

In the country’s 64-year history, power has never changed hands purely by the ballot. The army, working alone or in tandem with sympathetic civilians, hasn’t let any elected leader finish his term, thanks to which democracy has failed to seep into the country’s foundations. Now, if a loose grouping of generals, judges and opposition politicians gets its way, this

Read more » The Wall Street Journal (wsj)

Who prepared the Memo, Mansoor Ijaz now implicates Gen Jehangir Karamat & Gen Mahmud Durrani also

Exclusive: Ijaz told Jones three people prepared the “Memogate” document

By Josh Rogin

Mansoor Ijaz, the main figure in the “Memogate” scandal that is rocking the highest levels of the Pakistani political establishment, told his U.S. go-between Gen. Jim Jones in a private e-mail that there were three people who “prepared” the now-infamous memo, not just former Pakistani Ambassador to Washington Husain Haqqani.

Continue reading Who prepared the Memo, Mansoor Ijaz now implicates Gen Jehangir Karamat & Gen Mahmud Durrani also

Democracy or dictatorship?

Democracy or dictatorship?: Resolute Gilani paves way for govt resolution

By Qamar Zaman / Zia Khan

ISLAMABAD: Steady nerves and a pointed address.

The premier remained composed on Friday, despite a raring opposition and potentially wavering allies in the face of a deepening row with the military and the judiciary – and the government also managed to introduce a highly-anticipated resolution in the house.

The resolution was moved, symbolically enough, by the PPP’s thus far most steadfast ally, Awami National Party (ANP) chief Asfandyar Wali Khan, amid a protest from opposition benches.

Before the resolution, addressing a special session of the National Assembly, Prime Minister Yousaf Raza Gilani said he would prefer going to the people over begging for the opposition’s support for a fresh vote of confidence in parliament.

“I do not need a vote of confidence,” Gilani said, adding that he was elected prime minister unanimously.

The session, it was widely believed, had been convened in the wake of the Supreme Court warning President Asif Ali Zardari and the prime minister of disqualification over the non-implementation of the National Reconciliation Ordinance (NRO) verdict.

But the prime minister snubbed the notion that his government was afraid of the NRO at the get-go.

“We have not come for the NRO. We do not need your support to be saved from the military and have not come for a clash of institutions. We have also not come to be shaheeds (martyrs),” the premier said, responding to the leader of the opposition’s query seeking a justification for the ‘emergency session.’

“Somebody should tell us the reason for convening this session and what you are afraid of,” the leader of the opposition, Chaudhry Nisar Ali Khan, had said earlier.

We have to decide whether there should be democracy or dictatorship in the country … democracy should not be punished for our mistakes”. ….

Read more » The Express Tribune

Pakistan: Now or Never?

Pakistan’s political crisis

By Reuters

Excerpt;

Never in the history of Pakistan has a democratically elected civilian government served out its full term and then been replaced by another one, also through democratic elections. It is that context that makes the latest political crisis in Pakistan so important. ….

…. The army itself has shown no inclination to run the country directly, and it already controls the issues that matter most to it – foreign and security policy. It has barely disguised its frustration with Pakistan President Asif Ali Zardari — who also leads the PPP ….

Read more » REUTERS

CJ Iftikhar Chaudhry has Violated the Constitution

The language of the talk show is urdu (Hindi).

Courtesy: Express News Tv (Front line with Kamaran Shahid) » YouTube

The Generals, Pakistan’s General Problem – How Pakistan’s Generals turned the country into an international disaster

BY Mohammad Hanif

What is the last thing you say to your best general when ordering him into a do-or-die mission? A prayer maybe, if you are religiously inclined. A short lecture, underlining the importance of the mission, if you want to keep it businesslike. Or maybe you’ll wish him good luck accompanied by a clicking of the heels and a final salute.

On the night of 5 July 1977 as Operation Fair Play, meant to topple Zulfiqar Ali Bhutto’s elected government, was about to commence, then Army Chief General Zia ul Haq took aside his right-hand man and Corps Commander of 10th Corps Lieutenant General Faiz Ali Chishti and whispered to him: “Murshid, marwa na daina.” (Guru, don’t get us killed.)

General Zia was indulging in two of his favourite pastimes: spreading his paranoia amongst those around him and sucking up to a junior officer he needed to do his dirty work. General Zia had a talent for that; he could make his juniors feel as if they were indispensable to the running of this world. And he could make his seniors feel like proper gods, as Bhutto found out to his cost.

General Faiz Ali Chishti’s troops didn’t face any resistance that night; not a single shot was fired, and like all military coups in Pakistan, this was also dubbed a ‘bloodless coup’. There was a lot of bloodshed, though, in the following years—in military-managed dungeons, as pro-democracy students were butchered at Thori gate (Thorri Phaatak) in rural Sindh, hundreds of shoppers were blown up in Karachi’s Bohri Bazar, in Rawalpindi people didn’t even have to leave their houses to get killed as the Army’s ammunition depot blew up raining missiles on a whole city, and finally at Basti Laal Kamal near Bahawalpur, where a plane exploded killing General Zia and most of the Pakistan Army’s high command. General Faiz Ali Chishti had nothing to do with this, of course. General Zia had managed to force his murshid into retirement soon after coming to power. Chishti had started to take that term of endearment—murshid—a bit too seriously and dictators can’t stand anyone who thinks of himself as a kingmaker.

Continue reading The Generals, Pakistan’s General Problem – How Pakistan’s Generals turned the country into an international disaster

Are general’s conspiring against elected democratic government through its partners to tether it and to do the job?

Is Pakistan’s army conspiring to take over the government?

A scandal pitting Pakistan’s army against its civilian government has everyone talking.

By Suzanna Koster

ISLAMABAD, Pakistan — Massive political rallies coupled with persistent mudslinging by the political opposition broadcast live on local television gives the appearance here that an election season is in full swing. But, at least for now, Pakistan’s parliamentary elections are more than a year away.

One scandal after another, some reaching the the country’s Supreme Court, have plagued President Asif Ali Zardari and his the ruling party, the Pakistan’s People’s Party (PPP) in recent weeks, and have given rise to calls for the resignation of the country’s leadership and hopes for an early election.

And all this is taking place amid a widespread conspiracy theory that the army is lending a hidden hand to make it happen. Despite the opposition’s slander, however, the government and many of the opposing political parties agree on one thing: They are not interested in a military take-over. …

Read more » Global Post

http://www.globalpost.com/dispatch/news/regions/asia-pacific/pakistan/111226/pakistan-army-coup-asif-ali-zardari

Memogate: ‘Pasha stepped beyond jurisdiction when he briefed Kayani’

By Faisal Shakeel

ISLAMABAD: The federal government on Monday said that Director General Inter-Services Intelligence (ISI) Shuja Pasha stepped beyond his jurisdiction when he briefed Chief of Army Staff (COAS) Ashfaq Pervez Kayani about his meeting with Mansoor Ijaz in London.

“He should have known who he was supposed to report to,” the federal government stated this in a reply submitted to the Supreme Court in the form of an affidavit. The nine-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, had asked the federal government on December 19 to “accept or deny” the statements filed by Kayani, Pasha and others in the memo case.

The reply said the COAS did not immediately inform the prime minister of his meeting with the ISI chief on October 24 with regard to the details on the memo. However, he chose to divulge the details to the prime minister on November 13.

Both Kayani and Pasha have taken an entirely different position to that of the government before the nine-member bench of the court on Memogate.

The generals insist that the memo is authentic and needs to be thoroughly investigated, while the government has termed it a conspiracy and urged the SC to dismiss petitions outright.

Courtesy: The Express Tribune

Pak Army & ISI are a State within a State – Both are out of government’s control.

There cannot be a State within a State: PM Gilani

Excerpt;

ISLAMABAD: Prime Minister Syed Yusuf Raza Gilani Thursday said conspiracies were being hatched to oust the elected government, but vowed to fight for the rights of the people.

Addressing a gathering at the launch of an exhibition of rare photographs of Quaid-e-Azam Mohammad Ali Jinnah and Pakistan Movement at Pakistan National Council of the Arts (PNCA), Gilani said he is here to serve the people of Pakistan.

The prime minister said, “conspiracies are being hatched to pack-up an elected government. We remain in the government or in opposition, we will continue to protect the rights of the people”.

Gilani categorically stated, “there cannot be a State within a State. Nobody can say that he is not under the government.”

“Every institution of this country including the Ministry of Defence is under the Prime Minister of Pakistan”, he added.

He said there should be no ambiguity about it and nobody should claim himself as an independent. “They are being paid from the State Exchequer, from your revenue and from your taxes.”

“If somebody thinks that they are not under the government, they are mistaken. They are under the government and they remain under the government, because we are the elected representatives of the people of Pakistan.” …. …

…. “But I want to ask how was (bin Laden) living here for the past six years? On what type of visa was he living here? Why was security not taken care of, if he entered in Pakistan without a visa?”

Read more » The News

http://www.thenews.com.pk/NewsDetail.aspx?ID=29147&title=There-cannot-be-a-State-within-a-State:-PM-Gilani