Tag Archives: Judge

I am Babar Sattar

By: Saad Rasool

His loyalty swears allegiance to the empire of law, not to the seat of any judge

I have been raised on the idea that a man keeps his distance from friends when they are in high places, and never leaves the side of a friend who has been knocked to his knees by life. In fidelity to this ethos, the following is a howl from my wounded heart, in defence of my friend, Babar Sattar, whose intellect, audacity and honesty, has cost him the wrath of the mighty and the powerful!

Let me emphasize at the very outset that I agree with, and endorse, every word written by Babar in his op-ed piece, “Hubris as Justice?”. And, as we customarily state in legal pleadings, ‘let the contents of that piece be read as an integral part of this article’. By that virtue, the fundamental principles of consistency and equality (in law) mandate that whatever is done unto him, be also done unto me. Anything else, in constitutional jargon, will be a violation of Article 25 of the Constitution (discrimination).

Let me begin with a slight background for those who are unaware of all that has transpired: On Tuesday, Babar wrote an op-ed piece, which was critical of some of the jurisprudential trends emanating from the honorable Supreme Court. The article was published in Dawn, since The News International refused to publish this piece (as Babar’s weekly column), alleging that it was ‘unbalanced’. That same day, the contents of this article were highlighted (with praise!) in a programme on Geo TV. Thereafter, almost instantly, the content and context of this article became the topic of discussion across all tele- and social-media waves. As expected, soon enough, this piece caught the attention of the honorable judges of the apex court, who viewed it as a tremendous act of insubordination (by a former of the legal fraternity). Immediately, contempt notices were issued to the publisher as well as the media-giant that telecasted Babar’s opinion. The matter, soon enough, will be taken up for ‘dispassionate’ adjudication.

Continue reading I am Babar Sattar

Foreign magazine castigates CJP as an ‘unelected judge’

ISLAMABAD – Time magazine, a foreign-based magazine, has targeted CJP Iftikhar Muhammad Chaudhry for being ‘a lazy-eyed abrasive, un-charismatic, and visibly uncomfortable for scripted speeches’.

Expressing fears that taking suo motto notice, and by keeping ‘ his (CJP’s) unending pursuit of President Zardari, might endanger democracy’ (a notion often wielded by ruling party as a sword of Damocles over any critic /analyst or even a well-wisher), the media source terms CJP as “an unelected judge (elected judges!?) , who has shown no letup in his vendetta against an elected prime minister and President Zardari, even at the cost which the country would end up paying(!?)

This, despite the fact that Pakistan/democracy has nevertheless withstood countless ‘indispensable democratic (and non-democratic) heroes’ in past with aplomb.

The media source does not even spare CJP’s accepted ancestral honesty amid a hornets’ nest infested with blatant corruption and blind power, terming it as the source of CJP’s ‘obdurate and unending Robin Hood attitude’.

Courtesy: Pakistan Today

http://www.pakistantoday.com.pk/2012/07/07/news/national/foreign-magazine-castigates-cjp-as-an-unelected-judge/

PAKISTAN: A Hindu girl was forced to convert to Islam and is now missing – the judge and police have sided with the perpetrators

The Asian Human Rights Commission (AHRC) has received information that a 14-year-old girl, from the Hindu religious minority community was abducted by gangsters and forcibly converted to Islam. When a police case was filed against the abductors the girl was produced before a Magistrate’s Court by the gangsters to record a statement that she has embraced Islam as her religion. The irony of the judicial process is that the judicial magistrate has accepted her subsequent marriage as legal in spite of the Pakistan law which does not allow the marriage of girls before the age of 16 years. Her age was forged from 14 to 18 by the police and perpetrators before the judicial magistrate who had never asked for evidence about her age.

The father of the victim received information from the police that girl has been shifted to the tribal areas of the Pakistan, close to Afghanistan border for nefarious designs.

The police took five days to file the First Information Report (FIR) providing good time to the perpetrators to manage a forced marriage. The three young sisters, their mother and one brother of the victim were terminated from the employment from the same factory where their sister was employed because the parents of the victim had mentioned the registration number of the car of the factory in which their daughter was abducted. ….

Read more » Asia Human Rights Commission

http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-115-2012

The Washington Post – Pakistan’s Supreme Court sets collision course with new prime minister

By Richard Leiby

ISLAMABAD, Pakistan–Pakistan’s Supreme Court on Wednesday demanded that the nation’s brand-new prime minister follow an order to reopen a long-dormant corruption case against President Asif Ali Zardari, setting up the likelihood of a continuing constitutional crisis.

The court last week disqualified from office Yousuf Raza Gilani, Pakistan’s longest-serving prime minister, whom it convicted of contempt in April because Gilani refused to follow the same order.

The ruling party replaced Gilani with a former federal energy chief, Raja Pervez Ashraf, who has already indicated he will not comply with the order and who faces his own set of corruption charges in a separate case before the high court.

Some political and legal observers have accused the court, headed by populist, corruption-battling chief justice Iftikhar Chaudhry, of working to destabilize an already-shaky civilian government. Ashraf and his predecessor maintain that the constitution grants the president immunity from prosecution, but the court has consistently ruled otherwise, saying no one is above the law. …..

Read more » The Washington Post

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

A bad movie plot

By: Irfan Husain

ANOTHER day, another crisis in Pakistan. What else is new? Given the roller-coaster ride we have been on these last few years, nothing has the power to surprise or shock anymore.

Even the fact that a warrant for the arrest of Makhdoom Shahabuddin has been issued just as he was filing his nomination papers for election to the prime ministership causes a big yawn.

If a screenwriter had crafted the script we have been following, a movie producer would have rejected it for being too unbelievable. The whole business about a tycoon bankrolling a series of multimillion dollar holidays for the chief justice’s son and his family is bizarre enough. But in a swift counterstroke, the prime minister is dismissed by the top judge, pushing his son’s scandal into the background.

Continue reading A bad movie plot

New York Times – Pakistan Court Orders Arrest of Presidential Ally

By DECLAN WALSH

ISLAMABAD, Pakistan – The high-stakes battle between Pakistan’s judiciary and government took a fresh twist on Thursday when a court issued an arrest warrant for a close ally of President Asif Ali Zardari, effectively blocking his nomination as the country’s next prime minister.

Mr. Zardari wanted Makhdoom Shahabuddin, a former health minister from Punjab Province, to replace Yousaf Raza Gilani, who was dismissed as prime minister by the Supreme Court on Wednesday.

But hours after Mr. Shahabuddin’s nomination, a magistrates court, prompted by the military-run Anti-Narcotics Force, ordered his arrest to face charges relating to the illegal production of a controlled drug two years ago.

The court also issued an arrest warrant for Ali Musa Gilani, a son of the outgoing prime minister, in relation to the same case.

The ruling party Pakistan Peoples Party quickly nominated a new candidate, former information minister Qamar Zaman Kaira, who now looks likely to become the prime minister after a vote in parliament on Friday.

The dramatic court manoeuver highlights the growing difficulty of separating law from politics in the country’s rapidly evolving machinations of power.

Mr. Zardari’s supporters, and some analysts, say judiciary is using its widening powers to erode the authority of the government and ultimately push it from power. “Absolutely no subtlety anymore in going after the govt. Amazing,” wrote Nadeem F. Paracha, a newspaper columnist, on Twitter.

Continue reading New York Times – Pakistan Court Orders Arrest of Presidential Ally

People never to permit undermining of Parliament: Zardari

ISLAMABAD: President Asif Ali Zardari said Wednesday that the people of Pakistan would never permit undermining of the Parliament behind different pretexts and they know how to ensure the supremacy of the Parliament and the Constitution.

He said, “the era of packing the Parliament through the back door by using the defunct Article 58 (2) (b) is over for all times and no back doors and side doors will be allowed to be reopened for sending the elected Parliaments home.”

“Our people will also not suffer a destiny thrusted upon them by militants and extremists in the name of religion or in any other name,” he added.

The president said this in his message on the 59th birth anniversary of Benazir Bhutto falling on Thursday.

President Zardari said, “On the eve of her 59th birthday I wish to reiterate our commitment to the values of supremacy of the Parliament and the Constitution and the building of a modern, egalitarian and pluralistic society in which everyone is allowed opportunity to help shape his or her own destiny—values for which she stood and fought for and when the time came even laid down her life for it.”

He said Benazir Bhutto led from the front the battle for democracy against all sorts of bonapartes and extremists.

“She believed in a moderate and pluralistic Pakistan where ballot determined the ultimate choice of the people and where the House elected by the people representing their will was supreme.”

Continue reading People never to permit undermining of Parliament: Zardari

The day justice was dispensed! – by Bahadar Ali Khan

A malifide intended PM has been disqualified. Every one on the streets is reciting ‘Va ja ul-hukke va zahaq-al-batil, Innul batila kana zahuka’. Finally piety, chastity and good has prevailed. There is fresh breeze of purity that is causing stir on the horizon of virtue. Crying babies have started giggling, trees and crops have started smiling, milkmen started distributing non-contaminated milk, the sounds of angels’s wings have started spurring on the sovereign aerospace of Pakistan, the faces of parliamentarians are beaming with the new respect that they have attained and last but not least executive has finally cheerfully decided to not to interfere in the craft of running a government again, ever! And every one is going to live happily ever after. Right?

I don’t know about you but personally I don’t agree with my above bizarre juxtaposition. Reality is actually more grim. From the history, we know there were times when military dictators would topple elected governments and aggrieved party would go to Supreme Court as a last recourse. But times have changed now. A bad and corrupt Prime Minister has been disqualified by an honest and upright judiciary. The maligned fellow was in General Musharraf’s dungeons when the same esteemed judges were taking oath under PCO ( not once but twice ) and gifted the blank cheque decisions to the dictator to amend the constitution, the way he pleased to do so.

Continue reading The day justice was dispensed! – by Bahadar Ali Khan

One suo motu too many – By: Tausif Kamal

Whenever some of our preconceived myths are shattered by a stark, unyielding and yet truthful reality, we tend to revert to denial and a refusal to face up to the facts as they are

The Supreme Court’s short order in the Arsalan Iftikhar case absolving the Honourable Chief Justice (CJ) without any investigation or examination of any evidence in the underlying imbroglio is premature. It is in fact contradicted by the Supreme Court’s own statement in this order: “…the Supreme Court (SC)…cannot judge the guilt or innocence of the parties without evidence or trial…” So how is this ruling not applicable to the CJ, who is so intertwined in this scandal being the father of one of the main suspects, and whose judicial power is at the heart of this corruption scandal?

This is in way to imply that the CJ is guilty but there cannot be an exemption from inquiry and investigation along with other participants and witnesses, for possible criminal violations based just on mere words of one of the parties. Who is Malik Riaz to give a clean bill of health to the CJ? It is strange that the SC is relying on the good word of Malik Riaz whom the former considers to be an accused fit to be prosecuted for some serious criminal offences under Pakistan’s criminal laws.

To contend that the media is maligning the judiciary by highlighting this scandal is to blame the messenger and not the message. Let us not be sidetracked, for now at least, by corruption in the media, which no doubt prevails, but which is less important than the imperative of our judiciary to have an unassailable reputation and an image above reproach. Conducting a thorough probe or inquiry of all those allegedly involved, including the Honourable CJ, will clear rather than tarnish the judiciary’s reputation and remove the dark clouds hanging over our most esteemed institution.

The nation has a right to know answers to such vital questions as how long the CJ knew about his son’s involvement with Malik Riaz and how many meetings the CJ had with Malik Riaz before the matter was seized through a suo motu action. The only other acceptable alternative to such an inquiry would be for the CJ to quit honourably in the larger interests of the judiciary and the country.

Continue reading One suo motu too many – By: Tausif Kamal

Democracy under threat

By: Asma Jahangir

THE masks are off and daggers drawn. Pakistan’s democratic process may once again become a part of history, leaving the world to wonder how we could so willingly poison ourselves in the belief that it would lead to better days.

Those in power have consistently let their people down — ruthlessly. But no one is being fooled. They may feel helpless in the face of manipulation by everyone trying to save their skins — the judiciary included — but as the courts have often held themselves the truth does eventually prevail.

In the meanwhile, the country is headed for another phase of political instability that may finally lead to yet another autocracy. Sense may prevail at the end, but in the process, many heads will roll and hopes will be demolished. These are sad days for Pakistan.

Continue reading Democracy under threat

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

India – Judge and his son arrest in bail ‘sale’

Suspended judge, 2 State MLAs face arrest in bail ‘sale’

Hyderabad, June 9, 2012, DHNS:

Anti-Corruption Bureau files FIRs

Suspended CBI special court judge Pattabhirama Rao and two Karnataka legislators Gali Somasekhara Reddy and T H Suresh Babu are facing arrest in the sensational cash-for-bail scam as the Anti-Corruption Bureau (ACB) in Andhra Pradesh filed FIRs against them on Saturday.

FIRs were also filed against five accomplices of the suspended judge, including his son. The ACB found prima facie evidence against the suspended judge and the two legislators in the case. Around Rs 10 crore crossed borders from Karnataka to Andhra Pradesh to bribe the judge, who granted conditional bail to Janardhana Reddy, currently jailed in Bangalore.

The case was handed over to ACB by the Andhra Pradesh High Court on Friday.

Janardhana Reddy’s brother Somasekhara Reddy (Bellary City MLA) and Suresh Babu (Kampli MLA) face arrest as bribe givers – for striking the deal and making a payment of Rs 10 crore to the judge.

Recently, on June 2, the cash-for-bail scam broke out when the then Chief Justice of Andhra Pradesh High Court Madan B Lokur suspended Pattabhirama Rao on charges of accepting bribe last year in exchange for granting bail to former Karnataka minister Gali Janardhana Reddy and three others involved in illegal mining.

The five accomplices of the suspended judge booked on Saturday are: the judge’s son, Ravichandra, retired sessions court judges T Chalapathi Rao, his son Balaji, rowdy sheeter Yadagiri Rao of Nacharam in Hyderabad and a junior lawyer Dasaradharami Reddy.

All 8 people have been charged under provisions of the Prevention of Corruption Act 13(1) and (2) besides 120(b), 420 and 417 of the Indian Penal Code. The arrests of the prime accused and their accomplices are likely to be made soon, said the police. ….

Read more » Decan Herald

http://www.deccanherald.com/content/255706/cash-bail-suspended-judge-2.html

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More details » BBC urdu

Philippine Senate voted to remove Supreme Court Chief Justice

Philippines’ top judge ousted in victory for Aquino

By Stabroek editor

MANILA, (Reuters) – The Philippine Senate voted today to remove the country’s top judge for failing to disclose his wealth, a landmark victory for President Benigno Aquino as he pushes a campaign to root out endemic corruption in the Southeast Asian nation.

More than two-thirds of the 23 senators voted to oust Supreme Court Chief Justice Renato Corona, who becomes the first official in the country to be removed by an impeachment court. The decision bars him permanently from public office.

The ruling is likely to be welcomed by investors amid concern that the four-month-long trial was distracting the government from policy matters at a time when the Philippines is seeing a resurgence of interest in its long-underperforming economy. ….

Read more » Stabroek News

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

Why not punish those who made Osama Bin Laden & his wives stay in Pakistan

Illegal stay: 45-day imprisonment, Rs50,000 fine for Bin Laden’s family

By Web Desk / AFP / Obaid Abbasi

ISLAMABAD: A senior civil judge indicted former al Qaeda leader Osama bin Laden’s family on Monday for having resided illegally in Pakistan.

Senior Civil Judge Shahrukh Arjumand handed down 45-day imprisonment along with a fine of Rs10,000 each, to Bin Laden’s three widows and two daughters, after the investigative unit of the Federal Investigation Agency (FIA) informed that the family had been residing illegally in the country.

During the proceeding of the case which took place in a private house declared a sub-jail located in Sector G-6/4, Justice Arjumand handed the sentence to Bin Laden’s three widows, Amal Ahmad Abdul Fatheh, Silham Sharif, and Kharia Hussain Sabir, and two daughters, 17-year-old Maryam and 21-year-old Sumiya, said family’s lawyer Muhammad Aamir while talking to The Express Tribune.

Amal was also charged under section 419 of the Pakistan Penal Code (PPC) for cheating and not providing her real identity, said Khalid Naeem assistant director (legal) FIA who appeared on the behalf of agency. ….

Read more » The Express Tribune

Via – Twitter

BBC – Pakistan Hindu woman Rinkle Kumari ‘forced to marry’

By Riaz Sohail

A court in Pakistan has ordered police to find a Hindu woman who was allegedly abducted and forced to marry her Muslim husband.

In a petition before the Sindh High Court, the family of Rinkle Kumari say that her abduction was supported by a powerful politician.

But her husband’s friends say that she voluntarily left home in Sindh province and willingly converted to Islam.

Judges at the court said that Ms Kumari must be produced before them next week.

Human rights activists say that other reported abductions of members of minority communities in Pakistan, which is overwhelmingly Muslim, have not been properly investigated by the authorities.

In the most recent case, Hindu community leaders say that an oath Ms Kumari made in front of a court in her home town that she had freely got married and converted to Islam was made under duress.

They say that many others like her have been forcibly taken away by powerful politicians – some allied to the governing Pakistan People’s Party (PPP).

The Hindu community has accused one of the party’s MPs, Mian Abdul Haq, of supporting the abduction and the forced conversion.

But in an interview with the BBC he strenuously denied the allegations.

“I contacted her family when Rinkle came to me last month,” he said.

“But they refused to respond – and then I was left with no choice but to convert her to Islam and get her married [according to] her will.”

Ms Kumari’s family say that she was kidnapped from her home on 24 February by Naveed Shah – who later married her.

They say that they have registered a police complaint against Mr Shah even though he appeared in court on 25 February with Ms Kumari, who made a statement before the magistrate that she had married him of her own free will.

The family and community leaders, however, say that the magistrate was under “a great deal of pressure” because hundreds of armed tribesmen loyal to Mr Haq were in the court premises.

Mr Haq said that his supporters would abide by the court ruling and that Ms Kumari would appear in court on 12 March.

Courtesy: BBC

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More » Where shall we go?

Save Sindhyat, Save Rinkal Kumari

Rinkal Kumari, a Hindu Girl, from Mirpur Mathelo Sindh Pakistan, was kidnapped on 23rd February 2012 while she was returning home from her college. After being kidnapped, she was taken to Bharchundi Shareef (a small village near Mirpur Mathelo, Sindh, Pakistan) and was put under the custody of Feudal named Mian Mithoo (Member of Assembly). The victim, Rinkal, was harrowed by Mian Mithoo to forcefully convert to Islam and then get married with Naveed Shah, a resident of the same area. Under defenseless circumstances along with physical abuse, Rinkal married Naveed Shah. Disturbed and agonized by the situation, Mr. Raj Kumar (Rinkal’s Uncle) and Rinkal’s family approached the local law enforcement to seek justice but to no avail. The Policemen, negatively influenced by Mian Mithoo, denied the rights of Rinkal’s family to lodge a complaint.After 5 hours of struggle, pleading and literal beseech, the Police finally accepted a written complaint from Rinkal’s family and issued a First Information Report (F.I.R) saying that the case will be presented at 10 am 24th February 2012 in Ghotki Local Court.

Plan Changed and the victim was taken to a different court in Mirpur Mathelo and hearing was rescheduled to 9:00am from 10:00am. These location and time changes were influenced by Mian Mithoo and Rinkal family were not informed about this change. However, knowing this information from an unknown source, Rinkal’s family reached that place early but they were blocked from entering the court premises by private gunmen (hired by Mian Mithoo) with heavy artillery as seen in the pictures and video clips on different Tv channels. In the video clip below Ayaz Latif  Palijo Protesting against forced Religion conversion The language of the Bolta Pakistan program is urdu (Hindi).

Courtesy: ARY News Tv » (Bolta Pakistan with Nusrat Javed, Mustaq Minhas and Ayaz Latif Palijo, March 06, 2012)

Watch Top anchor person of Pakistani media, Mubashir Lucman on Chief Justice of Pakistan, Iftikhar Chaudhry

Mubashir Luqman is one of the top Pakistani anchor persons on TV. As is evident from the name of his program “Khari Baat” (Straight Talk) Luqman is known and revered for bringing out the truth in all its forms with the right amount of audacity and courage. He also writes regularly for the newspapers. Viewers of Mubashir Luqman’s programs are captivated by his hard-hitting questions and dauntless opinion. The language of the talk show is urdu.

» YouTube

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

Mansoor Ijaz – A whistle blowing hero to some, a villain doing the Pakistan military’s dirty work to others

Who is Mansoor Ijaz? The US businessman behind Pakistan’s ‘Memo-gate’

A whistle blowing hero to some, a villain doing the Pakistan military’s dirty work to others, Ijaz is above all a mysterious anomaly.

By Issam Ahmed

Islamabad, Pakistan – A multi-millionaire American businessman at the center of a political crisis in Pakistan refused to travel to Islamabad Monday to testify before a Supreme Court commission, saying he feared for his personal safety. ….

Read more » csmonitor

http://www.csmonitor.com/World/Asia-South-Central/2012/0125/Who-is-Mansoor-Ijaz-The-US-businessman-behind-Pakistan-s-Memo-gate

DAWN Editorial on Memogate: Its “Time to move on.” “Eternal shame of all those involved in creating the hysteria.”

Time to move on

THE high drama over memogate has given way to low farce. Yesterday, the high-powered judicial commission formed to assist the Supreme Court ascertain the ‘origin, credibility and purpose’ of the memo tried several times to convince a reluctant Mansoor Ijaz to travel to Pakistan and appear before the commission. ….

Read more » DAWN.COM

The supreme court on the army and ISI chiefs’ removal

By Nasim Zehra

Excerpt;

….. The prime minister is within his constitutional authority to remove the two chiefs, and therefore under what law would the Chief Justice of Pakistan interfere in the prime minister’s authority and ask for a no-removal guarantee by the latter? Giving such a guarantee would clearly restrict the constitutional powers given to the elected prime minister. Was the CJP overstepping his constitutional mandate? The CJP can re-interpret or use his own discretion, but not without undermining the Constitution.

Such an action by the CJP could set a dangerous precedent and could undermine the recent thawing of government-army tensions. The Chief Justice of Pakistan is humbly advised to re-trace his missteps on this matter. Meanwhile, the government would be ill-advised to give in writing that it will not remove the army and the ISI chiefs.

Courtesy: The Express Tribune, January 25th, 2012.

Assurance sought against removal of Kayani, Pasha

By Nasir Iqbal

ISLAMABAD: The Supreme Court asked the government on Friday to submit a written assurance on a petition filed in anticipation of a perceived move to sack Army Chief Gen Ashfaq Pervez Kayani and ISI Director General Lt-Gen Ahmad Shuja Pasha against the backdrop of the ‘memogate’ fiasco.

The order was issued by a three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry when Attorney General Maulvi Anwarul Haq rubbished the claim and said the government had no plans to remove the two top military officers.

The bench adjourned for two weeks the hearing on the petition filed by Advocate F.K. Butt.

The petitioner requested the court to issue a restraining order and stop the government from taking any step to remove or retire the two officers till the pendency of the case. The army chief will retire on Nov 29, 2013, while the ISI chief will complete his extended term on March 19 this year. ….

Read more » DAWN.COM

‘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

Pakistan’s leading lawyers Asma jahangir & Ali Ahmed Kurd questioning using of “contempt of court act” and canceling licenses of Bar members by the top judge of supreme court

Pakistan’s leading lawyers Asma Jahangir & Ali Ahmed Kurd questioning using/abusing of “contempt of court act”  as “Black Law” against the media or the citizens of Pakistan to silence them and canceling licensees of Bar members (lawyers) to impose Judicial Dictatorship” on people  by the top judge of supreme court. The language of the news clip is urdu (Hindi).

» YouTube

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)

If there is a coup then double coup-maker Musharraf says he will stand by the army

In the event of a coup, will stand by army: Musharraf

NEW DELHI: Former president and chief of the All Pakistan Muslim League General Pervez Musharraf says that he is “reasonably sure” that the military will not resort to a coup but will support the army if it takes over, Indian newspaper The Hindustan Times has reported.

“I don’t think the army intends to take over. The environment is not at all conducive for the army to do so. I think the army understands that,” Musharraf told Indian journalist Karan Thapar at CNN-IBN’s show “Devil’s Advocate”.

But in the event of a choice between the civilian government or the military, Musharraf categorically stated he will side with the institution that he served until he shed the uniform to become the president of Pakistan. “I’ve been an armyman and I can never imagine being against the army … I am with the army, I will stand by the army.” ….

Read more » The Express Tribune

Must watch interview – Political activist, writer, and the author of “Chasing a Mirage” Tarek Fatah Blasts on the military-judicial establishment

Political activist, writer, broadcaster and the author of “Chasing a Mirage” Tarek Fatah Blasts on the military-judicial establishment in “Bilatakalluf TV” with Tahir Gora. The language of the interview is urdu (Hindi).

Courtesy: Rawal Tv (Bilatakalluf with Tahir Gora)

Lawyers can do little if judiciary bent upon sending govt home: Asma

By Rana Yasif

Former Supreme Court Bar Association president Asma Jahangir continues her criticism of the judiciary.

LAHORE: Continuing her criticism of the judiciary, former Supreme Court Bar Association president Asma Jahangir has said that there is little that lawyers can do if the institution is poised to send the government packing. “It is difficult to run a government if civilian institutions cooperate with the establishment,” said Jahangir ….

Read more » The Express Tribune