Tag Archives: government

NO TO DIVISION OF SINDH

Sindh Bachayo Committee & other Parties Declaration

People of Sindh will never accept such a draconian law and resist it with full might and force.

A representative meeting of Sindh bachayo committee was held here today with Sayed Jalal Mehmood Shah, convener of the SBC in chair.

The meeting took stock of the situation arising out of present Local Government issue and deliberated on its sinister effects on the unity and harmony of Sindh.

The meeting was of the opinion that PPP Government second attempt to bring about new Local Government law in the province amounted to sabotaging the unity of Sindh and relegating the status of Sindh to a post office.

It said that last year on August 5, same effort was made to divide Sindh administratively and deprive it of its authority but same was foiled by the Sindh Bachayo Committee by its historic protest and strike on 13th August 2011.

It said that the PPP government has again attacked the unity of Sindh by issuing extra constitutional and illegal ordinance in the darkness of night. Such an action was akin to declaring martial law because martial laws have been dedared in the darkness of night.

Continue reading NO TO DIVISION OF SINDH

64 and counting: Farmers refuse to take the bait on their fourth hunger strike

By Mithal Khuhro

KHAIRPUR: Comrade Ghulam Rasool Sehto, popularly known as the Anna Hazare of Sindh, has been on a hunger strike with his friends for the last 64 days to bring attention towards to the issues farmers face.

Sehto, who is over 60 years old, is known for his loud laugh. He was an active member of the Communist Party and was the owner and editor of a Sindhi newspaper.

Comrade Sehto has been active in participating in several other movements to support the poor and bring attention t their plight.

Continue reading 64 and counting: Farmers refuse to take the bait on their fourth hunger strike

Supreme court order on Swiss letter ‘unconstitutional’ – Govt can’t carry out court orders

* AGP tells court ‘PM can’t be asked for implementation of an un-implementable direction’

* SC returns federation’s reply, says only remedy available is to file review

By Hasnaat Malik

ISLAMABAD: Declining to implement Supreme Court’s (SC) December 16, 2009 judgement on the NRO case, the government on Tuesday said the premier is not authorised to write letter to Swiss authorities …..

Read more » Daily Times

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More details » BBC urdu

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

Supreme Court or supreme power?

By: Fatima Mustafa

On Saturday, Imran Khan, a Pakistani cricketer-turned-politician with a propensity for threatening massive protests, once again threatened to lead a “tsunami march” to the country’s capital if Pakistan’s PPP-led government ignores (for the second time) the Supreme Court’s orders concerning the reopening of corruption cases against President Asif Ali Zardari. This is just the latest development in a growing confrontation between the executive — led by the Pakistan People’s Party (PPP) — and the Supreme Court.

In recent months, Pakistan’s judiciary and executive have been engaged in a power struggle that threatens to further destabilize a politically weak government already beset by problems ranging from economic decline to a major electricity crisis. The root of the current conflict lies in the Supreme Court’s insistence that Prime Minister Raja Ashraf write a letter to the courts in Switzerland, asking them to reopen previous corruption cases against President Asif Ali Zardari. In a bold move, the Supreme Court already dismissed previous Prime Minister Yousuf Raza Gilani on charges of contempt of court for refusing to write such a letter to the Swiss courts. It has now warned PM Ashraf that it will take “appropriate action in accordance with the law” in the event that he refuses to comply with the Court’s order.

Continue reading Supreme Court or supreme power?

The battle in Pakistan is not between executive and judiciary, but between rule of law and rule of a Judge

Know thy facts

By Feisal H Naqvi

There are moments in my academic past of which I am quite proud. Getting a distinguished Yale Law School professor of Constitutional Law to swear at me in open class is not one of them.

Continue reading The battle in Pakistan is not between executive and judiciary, but between rule of law and rule of a Judge

Getting priorities straight – By Saroop Ijaz

Suppose for a moment that the Constitution of Pakistan is unanimously amended by the Parliament and an article is inserted saying, “from here on in all military takeovers/coups are declared illegal and treasonous and no court of law shall legitimise such a takeover…”. High-minded as it would be, one needs to be fantastically gullible or hopelessly optimistic to believe that mere tinkering with some legal provisions is all that is required for uninterrupted democratic governance. This may seem odd to you coming from someone who makes his sustenance on legalese but law is not really all that it is made out to be and especially not what our media would lead (or perhaps, like) you to believe. Firstly, a military coup is by definition extra-constitutional (or to quote the Supreme Court from the past meta/supra-constitutional) and hence, it will be merely another clause violated and on most occasions, the khakis are not overly concerned about constitutional nuance anyways. Secondly, the courts would read such an article as creatively as they desire since interpretation is, admittedly, their prerogative. However, the hypothetical article would serve some purpose insofar as it will make it more embarrassing for the courts and maybe even for the military adventurers, although they are generally immune from such petty sensibilities.

Continue reading Getting priorities straight – By Saroop Ijaz

Say ‘NO’ to Judicial Coup – by Dr. Saif-ur-Rehman

Dear countrymen, democracy in Pakistan is gone, our country is running under “Judicial coup”[Judicial dictatorship]. Pity the judiciary that some judges have declared “Judicial coup” in Pakistan. May 24th ruling of the Speaker of National Assembly on the issue of PM Yousaf Raza Gilian’s conviction in the contempt of court case was declared void.

The court observed that the speaker had no authority to find faults in the apex court’s judgement and should have sent the disqualification reference to the Election Commission of Pakistan within 30 days. Supreme Court’s disqualification of the sitting Prime Minister Yousaf Raza Gilani on 19th June was a practical example of Judicial coup in Pakistan. And that decision was widely lamented by the world leaders, scholars and journalists round the globe. All the democratic nations, pro-democratic think tanks and groups of scholars, journalists, students of politics and people from all walk of life were deeply shocked, when they heard about disqualification of sitting Prime Minister of Pakistan by biased judiciary.

Yet again, Supreme court is on its way to hunt its prey –another elected prime minister of Pakistan. For to fulfill its nefarious designs, court has accepted petitions against contempt of court act 2012, which was signed into law. It is pertinent to mention here that CJ had already vowed to do declare contempt of court bill null and void before its passing in elected houses both upper and lower.

Continue reading Say ‘NO’ to Judicial Coup – by Dr. Saif-ur-Rehman

Pakistani Liberals Are No Leap of Faith

This beleaguered minority in the country still deserves international support.

BY SADANAND DHUME

This isn’t the best time to be a Pakistani liberal. Opinion polling shows most Pakistanis thinking of America as an enemy, democracy as an unwelcome concept and the imposition of Shariah law as a no-brainer. Meanwhile, recent news out of the country involves the judiciary taking down an elected prime minister and politicians like Imran Khan riding high by invoking anti-imperialist and Islamist ideas, even as an Urdu-language media remains saturated with hyper-nationalism.

Against this backdrop, the world can’t be blamed for regarding the Pakistani liberal as an exotic hothouse flower with no roots in the country’s unforgiving soil. As the United States enters a shaky new period of detente with Pakistan following the reopening last week of supply routes to Afghanistan, it’s fair to ask if these liberals deserve notice at all. Doesn’t it make more sense for the West to instead engage more intensely with the powerful army and assertive hardliners such as Mr. Khan?

The answer is no. It’s always tempting for the West to do business with whoever’s powerful, but this is a recipe for the kind of trouble America right now faces with its troublesome “ally.” Pakistan’s liberals are not only less weak and less of a fringe phenomenon than they’re made out to be, they’re also the only ones who hold out the promise of a better future for their country.

One recurring complaint against liberalism is that though Pakistan regained its democracy four years ago, President Asif Ali Zardari’s civilian government still can’t wrest decision-making away from the military. But no civilian government could realistically be expected to immediately assert its authority over an army that has directly ruled the country for 34 of its 65 years, and continues to command the lion’s share of national resources. As the experiences of Indonesia and Turkey show, only when democracy grows roots do politicians acquire the finesse and self-confidence to take on generals accustomed to command. This takes patience.

Continue reading Pakistani Liberals Are No Leap of Faith

The U.S. and Pakistan Have Found Detente, but It Won’t Last

The transactional U.S.-Pakistan alliance means that, once the Afghan War ends, so will their incentive to get along.

By: Joshua Foust

Excerpt;

This transactional nature is reflected in the last ten years of U.S.-Pakistan relations. Washington was never eager to partner with Islamabad — documents recently declassified by George Washington University’s National Security Archive show the anger and mistrust that drove initial U.S. demands for Pakistani compliance with the war in Afghanistan. As the Center for Global Development shows, the vast majority of U.S. aid to Pakistan after 2001 has been for its military, for the specific purpose of developing their capacity to go after militants. Yet the White House, through two administrations, has become less and less enthusiastic about the partnership as Pakistan’s contradictory, self-destructive relationship with the militants in its territory became harder and harder to ignore.

U.S.-Pakistan relations seem on course for conflict the moment the U.S. no longer needs Pakistani GLOCs for Afghanistan. What shape that conflict takes remains to be seen. The U.S. can construct a strong case for describing Pakistan as a rogue state: it harbors and supports international terrorism; it is one of the world’s most brazen proliferators of nuclear and ballistic missile technology; and it seems so stubbornly unwilling to admit fault that U.S. officials say they can barely raise either subject with their Pakistani counterparts.

Without the war in Afghanistan to draw the two countries together, it’s difficult to see how they can maintain anything more than a distant, perfunctory relationship. Pakistani officials insist privately that they love America. Yet that professed love has not translated into very many pro-American policies. If that doesn’t change, the U.S. and Pakistan seem destined to part ways 18 months from now. What happens after that, no one can say.

Read more » The Atlantic

http://www.theatlantic.com/international/archive/2012/07/the-us-and-pakistan-have-found-detente-but-it-wont-last/259600/#.T_xE0xlMlpE.twitter

Via – Twitter

Difa-i-Pakistan Council (DPC) alliance of Jamatud Dawa (JuD), Ahle Sunnat Waljamat (formerly known as Sipah-e-Sahaba), Jamiat Ulema Islam (JUI), & Jamat-e-Islami (JI) are doing long march against the resumption of Nato supplies

Saying ‘no’ to NATO: DPC long march enroute to Gujranwala

By Web Desk / Rana Tanveer / Zahid Gishkori

LAHORE: The long march against the resumption of Nato supplies through Pakistan as announced by Difa-i-Pakistan Council (DPC) started from Lahore on Sunday and is expected to reach Islamabad tomorrow, Express News has reported.

Hundreds of cars were part of the procession.

The participants included activists from Jamatud Dawa (JuD), Ahle Sunnat Waljamat (formerly known as Sipah-e-Sahaba), Jamiat Ulema Islam (JUI), and Jamat-e-Islami (JI).

JI’s caravan had already reached Nasir Bagh under the leadership of Amirul Azeem where JuD ‘s caravan, led by Hafiz Mohammad Saeed, joined it.

JuD’s caravan had proceeded from Masjid-e-Shuada where JI leader Sayed Munawar Hasan, DPC chairman Molana Samiul Haq, former ISI chief General (r) Hamid Gul, his son Abdullah Gul, Pakistan Ulema Council head Maulana Tahir Ashrafi and other leaders joined them. The leaders were mounted on a truck, which also doubled as a moveable stage.

A number of JD and Hizbul Mujahideen activists were providing security to the truck.

The leaders delivered speeches at Istanbul Chowk at The Mall in front of Town Hall.

Addressing the protesters, Maulana Samiul Haq said they were holding a long march to save Pakistan and Afghanistan from the clutches of the US, adding that their movement would continue until complete withdrawal of US forces from Pakistan and Afghanistan.

He said suspension of Nato Supply is one of their goals, urging the masses to join them towards Islamabad. ….

Read more » The Express Tribune

Supreme Court and Public Accounts Committee

by Marvi Sirmed

Sharing with you this important document, which has left me shocked and extremely disappointed in the ‘wisdom’ of those who need to be the wisest. Amid all kinds of corruption allegations on politicians being pursued by the Supreme Court of Pakistan (SCOP), one case got special treatment by the worthiest men of this country – the graft case of Mr. Arsalan Iftikhar. Iftikhar is a 34 years old ‘innocent boy’ who was reportedly ‘lured’ into accepting a not-s-small sum of money from one Malik Riaz, the real estate tycoon who knows how to make the mare go. The innocence of Mr. Iftikhar is further proven by the fact that he happens to be the son of Chief Justice of Pakistan. The case was thus, taken up by none other than CJP himself, as a suo-moto action under Section 184(3) which allows the CJP to move the court if the case pertains to violation of fundamental rights and is of public interest. The case, definitely is of public interest and violates Mr. Iftikhar’s right to remain innocent for the rest of his life! The case, as was right thing to do, was disposed of by mildly lecturing all parties to ‘behave’.

Why is it important to recall Mr. Iftikhar? Because his was not the only case where the worthy court to be partisan for its own interest. Responding to Public Accounts Committee, the elected watch body over the Auditor General of Pakistan that called Registrar of Supreme Court to present himself before the Committee and explained some overspending by the SCOP. Guess what happens next? The wise men in SCOP, came up with a document that conveniently leaves everyone in the SCOP outside the ambit of any elected watch body that oversees the transparency of financial transaction by public institutions including SCOP. Have a lok over how the Registrar of SCOP – an official who is not a judge – exonerates himself from legislature’s scrutiny.

One wonders who is going to ensure transparency when even the most responsible institutions of this country try to evade law on the pretext of law. Ironic and sad. The language used in this document and disregard for transparency makes my wish it must not be what the worthy men in SCOP meant. Have a good reading experience please!

Supreme Court, Pakistan, Chief Justice, Arsalan Iftikhar, Auditor General, Public Accounts Committee, Parliament, Judiciary, Pakistan …..

Read more » BAAGHI

http://marvisirmed.com/2012/07/08/supreme-court-and-public-accounts-committee/

Pakistan – government, allies agree to amend constitution again

ISLAMABAD: The government and its coalition partners late on Friday agreed to bring 21st and 22nd constitutional amendments, which will also allow dual nationals to contest elections, DawnNews reported.

The meeting at the Presidency was chaired by President Asif Ali Zardari, Prime Minister Raja Pervez Ashraf and former premier Yousuf Raza Gilani also attended it.

Federal Law minister Farooq H. Naek briefed the meeting over proposed bills regarding contempt of court and dual nationality before tabling it in the National Assembly.

The meeting approved 21st and 22nd amendments in the constitution. The latter will allow people having dual nationality to participate in general elections.

The law minister also informed the meeting that process of related lawmaking was in progress over contempt of court issue.

The meeting also decided to protect decisions taken by former PM Gilani between April 26 and June 19.

Continue reading Pakistan – government, allies agree to amend constitution again

The Pakistani Matrix

By: Sabir Nazar

By the grace of God, mission accomplished. From now onwards the 3rd of July would be celebrated along with 6th September, when the enemy’s tooth were made sour (dant khatay kar deye). The word ‘SORRY’ has restored our honourable and respectable position among the committee of nations. It’s a great moral victory of our principle stand on the Torkham Pass and the nation’s victory over the sole super power of the planet.

The sovereignty and integrity of our borders has been accepted and recognised by the superpower and soon will be recognised by our brothers of Fata also, who have been misguided by foreign agents. Here are the details of our victory over the infidel Christian forces that are fighting an unjust war against our student brothers. Like the Ivans before them these Joes are going to face the same fate. InshAllah!

Continue reading The Pakistani Matrix

Chief Justice is responsible for the crisis – by Sikandar Mehdi

Justice (r) Fakhurddin J Ibrahim, a respected jurist also known to have close relationship with Nawaz Sharif & PML-N has very different opinion of CJs’ ruling while PML-N & PTI are trying to ride on the back of judiciary. On this program he openly criticized judiciary but after he left the show the ultimate Legal Expert Dr. Shahid Masood criticized him with some lame and frivolous examples.

Our media is acting like Toilet Paper of judiciary especially. Everybody criticized Iftikhar M****l except Pakistani media. All international media and especially Indian SC judge has openly criticized this Clint Eastwood style of Justice (Clint Eastwood had no PCO oath and definitely no son like Arsalan). Since the judicial coup not even a single international outlet has praised the decision but rather labelled it as ” REVENGE DECISION”. This farce called judiciary is bent on taking PPP government down but instead they are making heroes out of fallen leaders. Mr. Iftikhar m****l no matter what you do, you can never legally become president or the Prime Minister of Pakistan. Your wish can only be served by illegal means. It is matter of discussion, want you want to name it Bangladesh model, revolution, judicial restraint, National interest, but between you and the whole world, it will still be ILLEGAL.

Media pundits who have continuously spread right wing pro Taliban/Al-Qaeeda agenda are now the Legal experts too. Our supreme court is in hyper drive with Dual core Pentium 10 processor to derail democracy or at least weaken it. First I was of the opinion that instead of having all this democratic set up and continuous military interruptions, why not make COAS to be president of the country but now I think why not make CJ the president of the country and let him run this bloody show. Forget Bangladesh model, make a new Pakistani model. After 62 years of independence we are still searching for damn models. We had military governments, we had imported PM’s governments, we had technocrat governments, we had lota governments, we had Ameer ul Momineens and why the not this new thing. We love experimentation what the heck, have this Judge be the president, CJ, PM and do what ever he wants to do with this unfortunate country self proclaimed Fort of Islam, leader of Ummah country. Mr. CJ go a head and make Mullah Omar the president of country if it serves you better.

As the time goes by I fail to see any light left for democracy in this hell bound country. First this weak political government couldn’t provide par excellence governance but rather a bad performance, then on top of it we have this PCO loving judiciary backed by media and right wing political parties harking to shut down this democracy-wemocracy bullshit.

This social fibre of this country was destroyed by uneducated bearded mullah with its out of the world interpretation of religion and now we have this bloody new kind of BUFOONS ***** and **** who are interpreting constitution for us. God help us.

Fawad

Need to watch at least first 15 minutes renowned jurist & former judge of Supreme Court of Pakistan, Justice Fakhruddin G. Ebrahim says Parliament is Supreme and CJ is responsible for the crisis.

Faisla Aapka with Asma Shirazi, 26th June 2012

Courtesy: LUBP

http://criticalppp.com/archives/82076?utm_source=twitterfeed&utm_medium=twitter

Via – Siasat.pk » YouTube » Twitter

The Man With No Plan for Pakistan

Cricketer-turned-politician Imran Khan is not the messiah the country seeks.

BY SADANAND DHUME

Pakistan’s been a problem child for so long that even the dramatic appears mundane nowadays. Pakistani militants killed in drone strikes, the judiciary threatening to bring down an elected government—these are nothing new. But a poll released Wednesday ought to make even the most seasoned watchers sit up and take note. Pakistan’s frustrated population is growing ever more extremist, and many are starting to see a charlatan as their political savior.

The Pew Global Attitudes Project reveals that nearly three out of four Pakistanis view the United States as an enemy, up from about two out of three who felt … ….

Read more » The Wall Street Journal

http://online.wsj.com/article/SB10001424052702303561504577494242169308710.html

Rot at the top in America?

Are these the words of the all powerful …

By Omar

Rajiv Chandrashekaran’s new book (which I have not yet read, but have seen some excerpts and discussions on TV) seems to confirm that higher management levels of the US government are indeed seriously broken.

Breaking my recent moratorium on comments about subjects that I do not know very well, I will take this opportunity to burnish my Cassandra credentials. I have been saying for years that Amrika bahadur’s blundering effort in Afghanistan (especially above the military unit level…where the US army is second to none) are overflowing with so much fraud, chicanery and incompetence that if the American taxpayers knew about it even they would be shocked. Whatever the accuracy of various claims and whatever the bias introduced by Chandrashekaran’s liberal education or Washington Post insider status, the book does remind us that America is not really the evil superpower of Jihadi (or Hindutvadi for that matter) myth. Its a superpower closer to what William Burroughs may have imagined. Small men doing petty things and scared of being overshadowed or outfoxed by other small men..and wasting taxpayer money like there is no tomorrow.

Of course, to avoid any accidental identification with the Tariq Ali brigade, I would add that I am very well aware of the fact that the small men running Russia are ten times more thuggish, the ones in China are 8 times more corrupt and the ones in Pakistan, well, better left unsaid. ….

Read more » Brown Pundits

Via – Twitter

Humor on current situation of Pakistan – 7th Nuclear Power

There Are Seven Nuclear Powers In The World.1st, 2nd, 3rd, 4th, 5th & 6th Nuclear Countries Are Thinking About How To Do Advancements In Space & How To Make A Permanent Station On Moon.

& The 7th Nuclear Power Is Debating On;

Load Shedding“, “Ramzan Ka Chand“, “Polio Ke Qatry Halal Ya Haram?”, “Iodine Mila Namak Aur Baanjh Pan?”, “Cheif Justice Hero Ya big Zero?” “Veena Malik”, “Rehman Malik”, “Riaz Malik“, “Tuk Tuk Misbah”, “Zubaida Aapa“,

Pakistan Zinda Baad, Pehlay Pakistan Sa Zinda Baag…

Courtesy: Pakistani e-lists, e-groups, 28 June, 2012.

‘Ousting PM instead of Parliament is the new khaki tactic’

By: Adnan Farooq

It goes without saying that the first thing which the Supreme Court will ask the next PM to do is to write the letter to the Swiss authorities. He will refuse too and the game continues

The Supreme Court’s verdict to disqualify Prime Minister Yusuf Raza Gillani “is not a routine democratic change”, according to Ayesha Siddiqa. “In fact, it represents the new tactics of the military and its agencies,” she says.

Author of ‘Military Inc’, Ayesha Siddiqa is internationally known analyst on military and political affairs.

Commenting on the latest political developments in the country in an interview with the Viewpoint, she says: “Instead of ousting the entire Parliament, the military gets rid of prime ministers which has the same effect meaning a weak democracy. The judges seem to have become party to this”. Read on:

The opinion on Supreme Court’s verdict on Prime Minister Yusuf Raza Gillani’s disqualification is divided. In general, the Opposition is hailing the verdict while the PPP and liberal circles are presenting it as a coup by other means. How do you assess the situation?

This is an intense political battle in which the Supreme Court is not neutral but a party as well. Look at the Supreme Court’s comparative behavior. There are times when it bails out murderers and looters but does not spare the ruling party in particular. Its wrath is mainly for the PPP and the chief judge seems to be making sure that he can ensure the PPP government’s ouster especially since he is now worried about his son being investigated.

Continue reading ‘Ousting PM instead of Parliament is the new khaki tactic’

Judicial responsibility and organs of state

By Markandey Katju

After my article about the constitutional misbehaviour of the Pakistan Supreme Court was published in The Hindu (June 21), I received several queries and objections regarding it. Hence an explanation is called for, which I am giving below:

The first objection is that the British Constitutional principle, “The King can do no wrong” applies to a monarchy, not a republic. My answer is that I am well aware that Pakistan, like India is a republic. However, in both these countries, total immunity from criminal prosecution is granted to the President. Thus, Section 248(2) of the Pakistan Constitution states: “No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office.” Article 361(2) of the Indian Constitution is identically worded.

Continue reading Judicial responsibility and organs of state

President Obama fears Pakistan’s disintegration: book

By: Anwar Iqbal

WASHINGTON: US President Barack Obama told his staff in late 2011 that Pakistan could ‘disintegrate’ and set off a scramble for its weapons, claims a new book by David E. Sanger, chief Washington correspondent of The New York Times.

Excerpts from the book, published earlier this month, were highlighted by the US media but it assumed an added importance when US officials started asking Pakistani diplomats, visiting officials, lawmakers and even journalists to read the book.

This forced senior Pakistani diplomats to have a second look at the book and some of them also asked Washington-based Pakistani journalists to read the book and share their views with them.

The book identifies Pakistan as President Obama’s “biggest single national security concern” and it quotes Mr Obama telling his senior aides that he had “the least power to prevent” a possible disintegration of this nuclear-armed country. And he also could not control the scramble for Pakistani nukes that this disintegration would cause.

Continue reading President Obama fears Pakistan’s disintegration: book

‘Nawaz re-employed 74 retired army officers

By Arshad Sharif

ISLAMABAD, Oct 15: The record placed before the National Assembly on Friday showed that ousted prime minister Nawaz Sharif patronized retired military officers and civilian bureaucrats with re-employment on lucrative posts.

Continue reading ‘Nawaz re-employed 74 retired army officers

‘Arsalan graft issue was a conspiracy’

LAHORE: Prominent lawyer and human rights activist Asma Jahangir said the Arsalan Iftikhar issue was a conspiracy hatched to threaten the judges, Geo News reported.

She was talking to reporters at the Lahore High Court. Asma said that the motive behind this was to wrap up the democratic setup and to threaten the judiciary, adding that those who created Tehrik-e-Insaf were the conspirators. …

Read more » The News

Pot calls Kettle Black – Pakistan lodged a protest with NATO and Afghan forces, accusing them of failing to act against militant safe havens in Afghanistan after a cross-border attack killed 13 Pakistani troops

Pakistan military protests with NATO and Afghan forces over cross-border attack

By Jibran Ahmad

PESHAWAR, Pakistan (Reuters) – Pakistan lodged a protest with NATO and Afghan forces on Monday, accusing them of failing to act against militant safe havens in Afghanistan after a cross-border attack killed 13 Pakistani troops, a military official said.

The move is likely to intensify tensions between troubled allies Islamabad and Washington, currently involved in difficult talks to repair ties.

More than 100 militants based in Afghanistan’s Kunar province entered Pakistan and attacked a military patrol on Sunday, the military official said. Fourteen militants and six soldiers were killed in the skirmish.

Seven Pakistani soldiers were beheaded by militants after the clash and four were still missing, the official said.

Pakistan’s Foreign Ministry said the Afghan deputy head of mission in Islamabad was summoned and presented with a “strong protest”.

The Malakand faction of the Pakistan Taliban claimed responsibility, and threatened more attacks.

“Our fight will continue until the establishment of sharia law in Pakistan … We will fight whoever tries to stand in our way,” Sirajuddin Ahmad, the faction’s spokesman, told Reuters.

Ahmad claimed the group had killed 17 Pakistani soldiers.

The NATO-led International Security Assistance Force in Afghanistan said it was aware of the report, but had no information.

Fazlullah Wahidi, governor of Kumar province, said militants were based in Pakistan, not Afghanistan. “We don’t have any information about militants crossing the border from Afghanistan to attack troops in Pakistan,” he told Reuters.

The Malakand, or Swat, Taliban are led by Maulvi Fazlullah, who was the Pakistan Taliban leader in the Swat Valley, about 100 miles northwest of Islamabad, before a 2009 army offensive forced him to flee.

Also known as FM Mullah for his fiery radio broadcasts, he regrouped in Afghanistan and established strongholds, according to the Pakistan military.

Fazlullah re-emerged as a threat last year, when his fighters conducted cross-border raids that killed around 100 Pakistani security forces, angering Pakistan, which faces threats from multiple militant groups.

Continue reading Pot calls Kettle Black – Pakistan lodged a protest with NATO and Afghan forces, accusing them of failing to act against militant safe havens in Afghanistan after a cross-border attack killed 13 Pakistani troops

Double Standard – Only judges allowed to be dual nationals.

Dual-national MPs insist loyalties lie with Pakistan

By Azam Khan

Excerpt; … Dual nationality holding parliamentarians, however, defended their loyalty towards Pakistan before a three-judge bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry.

If we allow dual nationality holders to enter into our assemblies, then imported prime ministers will come to rule us, the chief justice said.

Senator Wasim Sajjad, counsel for MNA Farahnaz Ispahani, said it was not realistic to question someone’s loyalty on the basis of dual nationality and to suspend their membership from the assembly subsequently.

The court suspended Ispahani’s basic membership a month ago on the grounds that she had US citizenship. Meanwhile, former senator Rehman Malik is also fighting for restoration of his membership before the court.

No impediment for judges

The chief justice remarked that the court would not allow a foreign citizen to have direct access to nuclear facilities and other secrets of the country.

Why are there no such impediments for some other tops slots, like the auditor general, high court judges or chief justices, Ispahani’s counsel remarked.

Justice Khilji Arif Hussain said that high court judges never sit in defence committee meetings or have direct access to the Kahuta facility.

A high court judge is authorised to suspend a prime minister and can also seek record and minutes of sensitive meetings of the defence and parliamentary committees, Sajjad replied.

The chief justice asked him to remain specific to the case. ….

Courtesy: The Express Tribune

What to Do About Pakistan

BY C. CHRISTINE FAIR

With an “ally” in a state of perpetual dysfunction, it’s time for Washington to reconsider its options: containment or benign neglect.

Excerpt: …. “At long last, it seems, various agencies of the United States government have come to the conclusion that Pakistan cannot be changed. Islamabad’s behavior in the region will remain staunchly pegged to its antipathy toward New Delhi. It will pursue policies that threaten the integrity of the Pakistani state for no other reason but the chimerical objective of resisting the obvious rise of India, while clinging to the delusion that it is India’s peer competitor — despite obvious and ever-growing disparities. Finally, Americans are asking what Pakistanis have long concluded: How can the United States and Pakistan have any kind of positive relationship when our strategic interests not only diverge but violently clash?…….While some may view these offerings as unreasonable, reckless, dangerous, and irresponsible, it is equally fair to ask whether Washington’s decades of policies toward Pakistan have been unreasonable, dangerous, and irresponsible? Moreover, what good have they accomplished? While many policymakers and analysts are willing to bank everything on the gamble that Pakistan is too dangerous to fail, we should be willing to consider what failure would mean and the inherent costs and benefits of this happening. After all, when the Soviet Union fell, none of the worst fears materialized. And Pakistan is hardly the Soviet Union” ….

Read more »Foreign Policy (FP)

http://www.foreignpolicy.com/articles/2012/06/21/what_to_do_about_pakistan?page=0,1

Pakistan’s gun-slinging chief justice faces backlash

…. But the CJP, too, has got his fair share of criticism. Some say the decision to disqualify Gilani smacks of a grudge match cheered on by his allies in Pakistan’s boisterous media.

Legal experts have questioned whether Justice Chaudhry may have exceeded his powers by ousting the prime minister, arguing that there were other options available to resolve the stand-off with Zardari’s government. “It’s my impression that the judgements are highly politicised,” said Asma Jahangir, a respected human rights lawyer. “The populist approach of the chief justice will destabilise the democratic process.” ….

Read more » Daily Times

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Click to read » Philippine Senate voted to remove Supreme Court Chief 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