Tag Archives: encroachment

Rough justice

By Asad Jamal

June 2012 will go down in the legal and political history of Pakistan as a watershed month as the Supreme Court (SC) of Pakistan intruded not only the domain of other state institutions and violated the code of conduct for the superior judiciary but also disregarded some of its own recent and not-so recent pronouncements.

It was the June 19 decision to disqualify Yousuf Raza Gilani as a member of the National Assembly (NA) and as Prime Minister of Pakistan that really stole the limelight. The decision, delivered through a short order which states that the reasons for disqualification will be recorded later, has been criticised on various grounds. The critics of the verdict variously call it legally infirm, an encroachment upon the domain of parliament and other constitutional offices, lacking impartiality and being potentially detrimental to democracy in Pakistan.

On the lack of impartiality first: while the decisions of a court may be debated and questioned, the judges should never lose the appearance of impartiality. In a 2006 speech during the Golden Jubilee celebrations of the SC, Justice Asif Saeed Khosa had said “… independence of judiciary is not an end in itself; it is only a means to the end, and the end for sure is impartiality of judiciary.” Unfortunately, the order for Gilani’s disqualification is a glaring example of the court’s transgression into the jurisdiction of other constitutional offices, if not outright bias.

Continue reading Rough justice

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

L’affaire Mansoor Ijaz

By Najam Sethi

Excerpt;

In article in a British paper last month by Mansoor Ijaz, a Pakistani-American businessman with political connections in Washington, has taken a toll of the civilian government of President Asif Zardari in Islamabad. The irony is that it was written to strengthen Mr Zardari against encroachments by General Ashfaq Kayani. ….

…. The military has been gunning for Hussain Haqqani for over a decade. He ran afoul of General Musharraf in 2002 for his critical newspaper columns in Urdu and English. So he decamped to the US where he wrote his seminal book on the unholy historical nexus between the Mosque and Military in Pakistan. After he was appointed Ambassador to Washington in 2008, the military embarked upon a campaign to defame him. He was accused of acting against the “national interest” by manipulating the insertion of “pro-democracy” clauses in the Kerry-Lugar-Berman legislation that committed $7.5 billion to Pakistan over five years as a “strategic ally.” He was blasted for enabling CIA operatives to get visas despite the fact that authorization for over 90 per cent duly came from the Pakistan Foreign Office/ISI or the Prime Minister’s secretariat. He was criticized for pledging an impartial and public investigation into how OBL came to be lodged in Abbottabad when the military was insisting there would be no more than an internal secret inquiry at best. And he was painted as an “American agent” for recommending a pragmatic and responsible Af-Pak and US-Pak foreign policy.

The writing on the wall was clear when Imran Khan thundered against Mr Haqqani in Lahore last month and Shah Mahmood Qureshi demanded an inquiry against him for “conspiring against the state”. Both are inclined to do the military’s bidding.

The core questions remain. Was the military complicit or incompetent in “L’affaire OBL”? What was the nature of its disagreement with, and threat to, the Zardari government following “Operation Geronimo”? How was Mansoor Ijaz manipulated by various Pakistani protagonists? A third series of questions has risen for the umpteenth time. Is the constitution subservient to the military? Is an elected government answerable to the “state”? Should an unaccountable military or elected civilians define the “national interest”?

The fate of Asif Zardari’s PPP and also that of Nawaz Sharif’s PMLN, the two mainstream parties that majorly represent the Pakistani voter, hinges on answers to these questions.

Read more » The Friday Times

Flood devastation blamed on shrinking forest cover

KARACHI, Aug 13: The Pakistan Fisherfolk Forum on Friday observed that floods caused devastation on a massive scale because local feudal lords with the connivance of government officials and legislators of successive ruling parties had cut forests and encroached upon its land for cultivation.

Besides, the small embankments they had built in the riverbed to stop the natural flow of the Indus River and to cultivate crops resulted in the flooding of low-lying settlements along the river, observed the participants of a PFF meeting held to review the flood situation in Sindh.

Read more >> DAWN