My Lords of the Supreme Court,
With due respect, I write for the second time in two weeks about a most horrific matter: that of a former member of our National Assembly and many times minister, calling upon My Lord the Chief Justice of Pakistan to commit murder.
I know we have plumbed the depths in this God-given but now surely God-forsaken country over the 66 years of its existence: from the unjust and cruel way in which we treated our East Pakistani brethren; to the killing of innocents by the ‘bad’ Taliban and the genocide of minorities by self-same Taliban and their cohorts that we see every single, tortuous day; to the fact that we are now an international pariah, the mere sight of our green passport sending immigration agents across the world into an almighty tizzy.
We have seen generals and politicians and bureaucrats violate the Constitution and misrule and steal; we have seen some of our great national treasures like the railways and PIA steadily driven into the ground; our archaeological treasures and rare books stolen and sold abroad for a pittance by members of our so-called ‘elite’. We have literally seen this country rent asunder by adventurists and carpet-baggers. Indeed, we have seen a senior retired air force chief-turned-politician say that he would personally hang an elected prime minister from the Kohala Bridge.
We have seen, too, a prime minister shot in broad daylight and his assassin conveniently shot dead by a police officer who ‘happened’ to be standing by him; an elected prime minister hanged in what the world believes was a complete miscarriage of justice, nay cold-blooded judicial murder; and another jailed in Attock Fort by a usurper general and then exiled.
ISLAMABAD: The Supreme Court on Monday rejected the federation’s request of a full court to hear the petitions against the recently passed contempt of court law, DawnNews reported.
A five-judge bench of the apex court comprising Justice Iftikhar Muhammad Chaudhry, Justice Shakirullah Jan, Justice Khilji Arif Hussain, Justice Jawad S Khawaja and Justice Tassadduq Hussain Jilani heard the petitions against the new law.
In the darkest days of dictatorship, because of the previous role of some courageous judges, their respected and somewhat inviolable positions, the public has always considered the judiciary as a ray of hope
Primarily what is wrong with our judiciary is that apparently it is corrupt. No! This is not a jaundiced personal opinion; this is according to the rating of Transparency International. Among the primary 10 institutions in the country previously, the judiciary was very low in the ‘corruption’ ratings. In 2008 and 2009, it rocketed up to number three, in 2010, it was number six and in 2011, it was number four. Such an increase in corruption is understandable because of the inadequacy of the judicial accountability regime.. A vocal section of the public and media influence public opinion considerably, and in the eyes of this section, the judiciary with its newfound independence can do no wrong. It is about time somebody revealed the other side of the picture. In this country, it has always been a problem of who will check the corruption of those who are checking corruption.
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.
By Zia Khan
ISLAMABAD: Leaders of the Pakistan Muslim League-Nawaz (PML-N) have begun to advise party chief Nawaz Sharif against blind support for judicial activism.
The main opposition party has sided with the higher judiciary in the standoff between the government and the apex court, which has begun to reach a crucial point once again – however, recent developments have led to a reconsideration among the PML-N’s hierarchy.
PML-N insiders told The Express Tribune that several central party leaders had cautioned Nawaz to be calculated in his backing for the judiciary, warning of a slippery slope. “A significant number of people in the party feel the judiciary in its decisions recently, and [Chief Justice] Iftikhar Chaudhry in his statements, have crossed certain red lines. This is not a good omen for the democratic system,” said an official. ….
Read more » The Express Tribune
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.
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.
By: Junaid Qaiser
Pakistan is known for its weak political institutions, powerful army, several military coups and the infamous Article 58(2)-(B) that was used to send elected prime ministers to home or jail.
But this time around we are seeing a slightly different technique when the three member bench of the Supreme Court declared Yousuf Raza Gilani disqualified from holding a seat in the parliament from the date of his conviction on April 26 by a seven-member bench for contempt of court. A prime minister, who enjoyed confidence of the Parliament, who even before taking the oath of office, ordered release of the judges sacked and detained by former military ruler Gen Pervez Musharraf and later reinstated all the deposed judges on 16th March 2009 through an executive order. Many renowned experts as well as common person termed the ouster of elected PM similar to a judicial coup.
The Twitterities are using the hashtag #JudicialCoup to explain a new (invented)mechanism to oust an elected government.
The judges’ restoration movement, has been wrongly termed by many as a new beginning for Pakistan, as it’s not only failed to create and develop space for civilian supremacy, but also emerged a main hurdle in democratic evolution. And, today, we are more concerned than ever about the political instability. International media and observers place Pakistan in the category of countries, where parliament is continuously under sieges.
Pakistan’s judiciary has a very controversial history, which had never opposed, even the unconstitutional actions of the military dictators. The frequent imposition of martial laws, abrogation and suspension of constitutions were acts of treason under the law but were frequently validated by our apex courts.
In Maulvi Tamizuddin Khan versus the Federation of Pakistan, Justice Munir declared that the Assembly was not a sovereign body. He gave the ruling that the Constitutional Assembly had “lived in a fool’s paradise if it was ever seized with the notion that it was the sovereign body of the state”. The wording may be slightly different but the mindset remain the same, when the present Chief Justice said that the concept of parliament’s sovereignty was ages old so it was not so it was not applicable now. Historians feel that Justice Munir destroyed Pakistan’s constitutional basis when he denied the existence of Assembly’s sovereignty, and further harmed it by not indicating where sovereignty resided. It is quite obvious that historians will also judge the serious consequences of the present role of the judiciary for parliamentary democracy in Pakistan.
The observation by Justice Munir in Dosso versus the Federation of Pakistan, that a successful coup is a legal method of changing a constitution, sets the basis for the Commander-in-Chief of Pakistan Army, General Ayub Khan, to takeover the government from Iskandar Mirza. Ironically, the military takeover by General Ayub Khan on October 27, 1958, took place one day after the decision of the court was announced. By November 10, 1977, a nine-member bench of the Supreme Court of Pakistan, headed by Chief Justice Sheikh Anwarul Haq, unanimously validated the imposition of martial law under the ‘doctrine of necessity’. The judgment provided cover to the unconstitutional act of General Ziaul Haq and even gave him authority to make changes in the constitution. And in the Zafar Ali Shah case, the Supreme Court had granted three years to General Musharraf to hold elections and amend the Constitution and, in turn, General Musharraf gave three-year extension in service to the then incumbent judges.
Article 209 (Supreme Judicial Council) lays down the composition as well the procedure to be followed to probe into capacity or conduct of a judge of the Supreme Court or a High Court.
While the said article in Sub-article (3) sections (a) and (b) looks at the possibility of looking at the capacity or the conduct of a member of the Supreme Judicial Council who is a judge of the Supreme Court or a Chief Justice of a High Court, it clearly omits the possibility of looking into the capacity and conduct of the Chief Justice of the Supreme Court.
There is a clear procedure laid down for the impeachment of the President of Pakistan by the Parliament in article 47. However, the Chief Justice of Pakistan is not answerable to any authority if he is accused of misconduct or is perceived to be unable to perform his duties for any reason.
The composition of the Supreme Judicial Council is also faulty in the sense that it establishes a complete monopoly of the Supreme Court and makes the provincial High Courts subservient. Only two most senior Chief Justices of High Courts are council members as against three (Supreme Court Chief Justice and two next most senior Judges from the Supreme Court). This composition clearly violates the autonomy principle and concentrate authority in the Centre and de-facto in one person, who is the Chief Justice and also above probe if accused of incapacity or misconduct.
It is thus proposed that:
1) Besides the Chief Justice of Pakistan only the one senior most judge of the Supreme Court should be member of the Supreme Judicial Council.
2) The Chief Justices of all the four provincial High Courts should be members of the Supreme Judicial Council.
3) The Senate of Pakistan shall have the power to impeach the Chief Justice of Pakistan by two third majority.
CHIEF Justice Iftikhar Chaudhry on Saturday fired the latest salvo in the perceived escalating fight between the superior judiciary and the PPP-led federal government. The Supreme Court, according to Justice Chaudhry, can strike down any legislation that is incompatible with the fundamental rights guaranteed under the constitution. While this is a well-established principle, the timing of Justice Chaudhry’s comments is impossible to ignore: the chief justice’s dilation on the ins and outs of the constitution came in a week that the government proposed legislation to protect its constitutional office-holders from suffering the same fate as former premier Yousuf Raza Gilani suffered recently. Unfortunate as it is that the past judicial practice of justices speaking only from the bench and through their judgments has been discarded in recent years, the comments by the chief justice come very close to pre-empting the legislative process. Astonishingly, however, the chief justice did not just stop there: he indicated that the supremacy of parliament was ‘out of place in the modern era’, the constitution itself enjoying pre-eminence over the will of parliament. This is explosive, particularly given the backdrop of the judiciary-government battles. Start with the claim that the constitution, not parliament, is supreme, add the corollary that the SC is the final and unquestioned interpreter of what the constitution does or does not permit — and suddenly Pakistan is in the realm of a supreme judiciary, an unelected institution dictating the contract by which state and society interact. This would be a fundamental shift in the way Pakistan’s constitutional arrangement is imagined and it is quite extraordinary that a serving chief justice would see fit to make such a pronouncement outside a judicial forum. In the SC, the chief justice is the administrative head but his vote is equal to that wielded by any other justice in any given case. Surely, then, at the very least, this is a matter to be decided before a full court, if and when the matter comes before the court.
But returning to the issue of fundamental rights guaranteed in the constitution, why is it that the court keeps invoking fundamental rights when it comes to engaging with the government instead of concentrating on securing the fundamental rights of the people? Why not focus on the broken judicial system in which the average complainant has virtually no hope of ever getting justice, and none of getting it on time? Why not focus on the abysmally low rate of successful prosecution that allows criminals to walk free? Must the court be so obviously selective?
Thousands of hardline Islamists stream to Pakistan’s capital to protest NATO supply line
By: Wichaar Desk
LAHORE, Pakistan — Thousands of hardline Islamists streamed toward Pakistan’s capital in a massive convoy of vehicles Sunday to protest the government’s decision to allow the U.S. and other NATO countries to resume shipping troop supplies through the country to Afghanistan.
The demonstration, which started in the eastern city of Lahore, was organized by the Difah-e-Pakistan Council — Defense of Pakistan Council — a group of politicians and religious leaders who have been the most vocal opponents of the supply line.
Pakistan closed the route in November in retaliation for American airstrikes that killed 24 Pakistani troops. Following months of negotiations, Islamabad finally agreed to reopen the route last week after U.S. Secretary of State Hillary Rodham Clinton apologized for the deaths.
Clinton met with Pakistani Foreign Minister Hina Rabbani Khar for the first time since the apology Sunday on the sidelines of an Afghan aid conference in Tokyo and expressed hope that resolution of the supply line conflict would lead to better relations between the troubled allies.
One of the reasons Pakistan waited so long to resolve the conflict is that the government was worried about domestic backlash in a country where anti-American sentiment is rampant despite billions of dollars in U.S. aid over the last decade.
The protest started Sunday in the center of Lahore, where several thousand people assembled with scores of buses, cars and motorbikes. They linked up with thousands more supporters waiting on the city’s edge and drove toward Islamabad in a so-called “long march” against the supply line. The convoy included about 200 vehicles carrying some 8,000 people when it left Lahore, said police official Babar Bakht.
After completing the 300 kilometer (185 mile) journey to Islamabad, they plan to hold a protest in front of the parliament building Monday.
“By coming out on the streets, the Pakistani nation has shown its hatred for America,” one of the Difah-e-Pakistan leaders, Maulana Samiul Haq, known as the father of the Taliban, said in a speech on the outskirts of Lahore.
Supporters showered Haq with rose petals as he rode through Lahore in the back of a truck with other Difah-e-Pakistan leaders, including Hafiz Saeed, founder of the banned Lashkar-e-Taiba militant group; Hamid Gul, a retired Pakistani intelligence chief with a long history of militant support; and Syed Munawar Hasan, leader of Pakistan’s most powerful Islamist party, Jamaat-e-Islami.
Many demonstrators rode on the tops of buses, waving party flags and shouting slogans against the U.S. and NATO. “One solution for America, jihad, jihad!” they shouted.
The crowd was dominated by members of Jamaat-ud-Dawa, widely believed to be a front group for Lashkar-e-Taiba, which is blamed for the attacks in the Indian city of Mumbai in 2008 that killed more than 160 people. Jamaat-ud-Dawa is led by the group’s founder, Saeed.
“The movement that has been started to reverse the government’s decision to restore the NATO supply will go on until America leaves this region for good,” Saeed said in a speech on the outskirts of Lahore. “The mission is noble because it is to save the country and the nation from slavery.”
The U.S. announced a $10 million bounty earlier this year for information leading to the arrest or conviction of Saeed, but he operates freely in the country. Pakistan says it doesn’t have enough evidence to arrest Saeed, but many suspect the government is reluctant to move against him and other militant leaders because they have longstanding ties with the country’s military and intelligence service.
Rehman Malik, a government security adviser, said members of banned militant groups would not be allowed to enter Islamabad for the Difah-e-Pakistan protest Monday, but all others would be welcomed.
“They are patriots. They are not anti-state people,” Malik told reporters. “We will welcome them with open arms.”
It’s unclear if they will try to prevent Saeed from attending the protest.
Difah-e-Pakistan is widely believed to be supported by the Pakistani army as a way to put pressure on the U.S. Its leaders have vowed to stop NATO trucks from making the journey from the southern port city of Karachi to the Afghan border. But if the group has army backing, it could moderate its actions.
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
By Zeeshan Mujahid
KARACHI: The contempt of court case against former prime minister Yousaf Raza Gilani proves that every individual, irrespective of his position, is subject to the law, said Chief Justice Iftikhar Muhammad Chaudhry while addressing a lawyers’ ceremony at the Supreme Court Karachi registry on Saturday.
The chief justice added that action was taken against Gilani under the contempt of court law because the chief executive of the country defied court orders, and added that the implementation of court orders is the duty of the executive, which has been explained adequately in Article 190 of the Constitution.
Addressing the issue of immunity provided to the elected representatives, the chief justice said that if a person elected by the people violates the Constitution, then it is the duty of the courts to stop him.
For Pakistan July 5 is a reminder that Military rule destroys freedom, generates oppression, fosters inequality and promotes extremism.
رات جو رهزن …….. ضياءالحق
Courtesy: YouTube Via – Twitter
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ضیاء زندہ ہے
بی بی سی اردو سروس، کراچی
نہ کہیں ماتمی جلسہ، نہ کوئی یادگاری ٹکٹ، نہ کسی بڑے چوک پر اسکا بت، نہ کسی پارٹی جھنڈے پر اُسکی کی تصویر، نہ اُسکے مزار پر پرستاروں کا ہجوم، نہ کسی کو یہ معلوم کہ مزار کے نیچے کیا دفن ہے۔ نہ کسی سیاسی جماعت کے منشور میں اُسکے فرصودات، نہ ہر لحظ اُٹھتے سیاسی ہنگاموں میں اسکی بات۔ نہ بڑے لوگوں کے ڈرائنگ روموں میں اُسکے ساتھ کھنچوائی ہوئی کوئی تصویر، نہ کسی کتب خانے میں اُسکے کے ہاتھ کی لکھی ہوئی کوئی تحریر۔ نہ کوئی سیاستدان چھاتی پر ہاتھ مار کر کہتا ہے میں اسکا مشن پورا کروں گا۔ نہ کوئی دعا کے لیے ہاتھ اٹھاتا ہے کہ مولا ہمیں ایک ایسا ہی نجات دہندہ اور دے۔
PRESS RELEASE: Dated: 3-July-2012 – Earlier today the Supreme Court released the detailed judgment in the Speaker’s Ruling case. On 19th June 2012, the Court had passed a Short Order, upholding petitions challenging the ruling of Speaker of the National Assembly, Dr. Fehmida Mirza. After the conviction of the former PM Yusuf Raza Gilani, the Speaker had to decide whether or not to make a reference to the Election Commission for Mr. Gilani’s disqualification. The Speaker decided that no question of disqualification had arisen, despite the PM having earned a conviction for contempt from the apex Court. Various petitioners, including PTI and PML-N challenged the Spreaker’s ruling. While hearing these petitions, the Court found the Speaker’s decision to be against the law and held that the PM did indeed stand disqualified to be a member of the Parliament. Today detailed reasons have been given for this order.
Parliament cannot discuss or even ask how many plots of land have been alloted to judges: Supreme Court of Pakistan
Supreme Court has said PAC cannot carry out audit of apex judiciary as per Article 58.
According to a report presented to the Public Accounts Committee (PAC) on Tuesday morning three existing and twelve retired judges of the Supreme Court received two residential plots each worth millions of rupees in expensive sectors of the federal capital.
The Supreme Court (SC) refused to provide audit report details to the Public Accounts Committee (PAC) saying the Parliament cannot review judges conduct.
This was said in a reply written by Registrar Supreme Court to the Chairman Public Accounts Committee with the consent of full court bench of the Supreme Court in which it is mentioned that constitution prohibits PAC to call any official including Registrar of the apex judiciary, however President, being head of the state has the authority to decide about the consultative sphere of the Supreme Court, so the committee should consult President of Pakistan
If the committee is interested in a formal court order, it should approach the president , the letter said
The letter referred to Article 68 which said: “No discussion shall take place in [Majlis-e-Shoora (Parliament)] with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties”.
It is worth mentioning here that on the orders of former Chairman PAC Chaudhary Nisar Ali Khan, a letter was written to the Registrar Supreme Court for presenting its accounts before the committee, however it was not dispatched at that time. But new chairman Nadeem Afzal Chan ordered to dispatch it.
Courtesy: Dunya News Tv
Via – twitter
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More detials » BBC urdu
Arsalan’s letter ‘threatening’: NAB
Islamabad: The National Accountability Bureau (NAB) Chief Fasih Bukhari has said that the letter Chief Justice’s son Arsalan Iftikhar sent to him was ‘threatening’.
Speaking to media on Saturday, Fasih Bukhari said that Arslan Iftikhar tried to influence the ongoing investigation against him, adding that notice will be taken in this regard.
“The letter is threatening, it uses threatening language,” said Bukhari
Earlier, Arsalan Iftikhar wrote a letter to NAB Chairman, expressing serious reservations over the conduct of the attorney general, and distrust in NAB as well as the FIA.
It is worth mentioning that both the organizations will carry out the investigation regarding the alleged financial impropriety involving Chief Justice Iftikhar Mohammad Chaudhry’s son Arsalan Iftikhar, and business tycoon Malik Riaz.
Bukhari told the media that a Joint Investigation Team (JIT) comprising the FIA, NAB and police among others had been formed to probe the Arsalan Iftikhar- Malik Riaz case.
He said the JIT will be headed by the NAB director general (DG) Financial Crime Investigation Cell, as per the order of the Supreme Court and the Attorney General’s letter.
Speaking on the issue of conducting an unbiased investigation, the NAB chief said, “It doesn’t matter if we know Malik Riaz or Nawaz Sharif, the investigation will be unbiased.” …..
Read more » Saach
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
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.
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.
By: Asma Jahangir
THE shadow of Zia still looms large over our political scene. Several parliaments and parliamentary committees have tried to exorcise this dictator’s ghost from the constitution but they never succeeded in rectifying all the ills. The current parliament is no different.
The committee drafting the 18th Amendment was urged time and again to do away with Zia’s crafty law that allows the disqualification of members of parliament. And now the PPP faces the consequences of its own omission as its prime minister is threatened with disqualification due to the Supreme Court judgment in the contempt case.
The SC has not convicted Prime Minister Yousuf Raza Gilani for obstructing the administration of justice but for ridiculing the judiciary. The court has been able to do this because of the law introduced by Zia. Article 63(g) is open-ended and can end up being used by the judiciary to persecute the politicians.
The law disqualifies anyone who has been convicted for “propagating any opinion or acting in any manner prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan…”
Very few would dispute that this article is problematic.
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
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.
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)
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.
By Iftikhar A. Khan
The judgment appeared to be based on newspaper headlines and talk shows of private TV channels: Ali Ahmed Kurd.—Photo by APP
ISLAMABAD Ali Ahmed Kurd, the firebrand leader of the lawyers` movement and former president of the Supreme Court Bar Association, who has been keeping quiet for quite some time, surprised a lot of people on Tuesday with his blunt criticism of the way the Supreme Court was behaving. Judges should “behave like judges”, he said.
After four years of day and night struggle, honorable Chief Justice and his puppets (clapping hands) have succeeded to hunt the Government. At this very inappropriate time when the whole world is focusing on the issues of NATO supply and Afghanistan, it was mandatory to support the Government rather than to attack. But after many unsuccessful attempts to target the Government they got their longing revenge of delayed restoration.
We as helpless observers, are anxiously waiting for the role of heroes of restoration of judiciary, why they are not showing up now? They should come up and stop judiciary from this revengeful attitude, especially, Aitzaz Ahsan, Kurd, Muneer Malik, Attar ul Minallah, Justice Tariq and many others to raise their brawny voices into the interest of nation and stop the Chief justice from further revenge. This spite is not only destabilizing the Government but ultimately against the nation as well. Unfortunately, all these heroes are looking dreadful from contempt of court. They do share their opinion but their voices are meek enough to ignore and resultantly, go unheard. The only fearless voice we listen is of Asma Jahangir. Perhaps she is the only MAN who is preaching truth and reality. Where are other warriors of justice? All these barriers of justice were very bravely out against a dictator but now they are in their bins against this judicial dictatorship.
If immunity is constitutional! Then why are our Chief Justice and his companions unaware of it. Is it the duty of Asma Jahangir to guide them the same way she did about the code of conduct in Malik Riaz and Arslan Iftikhar’s case for which the CJ had to leave the bench the very next day? Even if learned practitioners like you are unaware of the constitutional position of immunity then better take off your black coats and ties and go back to your bar rooms or simply class rooms as beginners. But if you are sure of what you are continuously saying about immunity then shout it out. The court should not force the Government to go against the constitution by writing letter because violation of constitution leads to high treason.
For God sake standup, because we know one decision of Maulvi Tameez u Din case was the start of breaking our beloved country and perhaps, God forbid, the decisions of this court are going towards the end. Stop it please by all means. In the end, we request the Chief Justice of Pakistan please stop these revengeful proceedings and let the country move on honorably.
Courtesy: Realistic Voice
As expected, the Supreme Court has sent PM Yousaf Raza Gillani packing. As expected, too, the decision has been hailed and decried by the opposition and government respectively. But independent opinion at home and abroad is uniformly critical of the court’s unprecedented political activism that has relentlessly targeted the PPP – the decision has been variously described as a judicial “soft-coup“, “vendetta-judgment” and “political victimization“.
Certainly, some of the SC’s recent judgments have dampened our enthusiasm for its “populism”. In the contempt case against Mr Gilani, for example, the 7-member court which convicted him with a 30 second punishment did not expressly disqualify him in its detailed judgment on April 26th, yet a 3-member bench did so summarily in a short order on 19th June on the basis of a highly dubious clause of the constitution which has never been used before according to which Mr Gilani has been deemed not to be a good Muslim or Amin! It is significant that the two petitioners in the case were PMLN and PTI leaders and the SC blithely entertained and adjudged their prayers directly instead of forwarding them to the election commission as expressly ordained by the constitution.
Earlier, the SC’s approach in the case of Arsalan Chaudhry, son of the Chief Justice, had raised many sober eyebrows. The CJ took suo motu note of it, chaired a two judge bench, put a copy of the Holy Quran on his desk and declared that justice would be done in an Islamic fashion a la Hazrat Umar, disregarding the very code of conduct for judges that he had personally helped to formulate in 2009 in which a judge may not sit in judgment in matters such as the one before him. Then he gagged the media and accuser, hauling up both for contempt. No less disquieting was his decision not to set up a neutral commission of inquiry of either the bar or bench as demanded by many, instead passing the buck to the controversial Attorney General, a clear deviation from his decision to set up a judicial commission to investigate Memogate. Under the circumstances, if the AG’s Joint Investigation Team comprising the FIA and NAB holds against Arsalan Chaudhry and or the CJP and his family, it will be denounced as a vindictive attempt by the government to hurt the CJP and SC. The decision against the PM comes on the heels of the Arsalan case and has swiftly diverted public attention from it. What next?
The decision is being seen as the ‘decision by the Punjabi court’. The disqualification was celebrated and sweets were distributed only in Punjab
At last, the judicial coup!
Prime Minister Syed Yousaf Raza Gilani has finally been toppled. By whom? By the opposition parties with the support of ‘independent’ judiciary or by the ‘Supreme Judicial Party’ with the facilitation of opposition parties which challenged the National Assembly Speaker’s ruling through petitions? This is still under discussion. Some people say the court had the blessing of the army to do the task which the army itself could not do, though it has much experience of the sort, because of perhaps unfavourable strategic and geo-political conditions.
Others, however, are of the opinion that the apex court is a crucial part of the Pakistani establishment, which hardly believes in the supremacy of the parliament, and the verdict is outcome of its own loyalty towards the ideology of the state and the establishment. In this regard, they quote a recent observation made by Mr. Justice Jawad S Khwaja while hearing the contempt of court case against Mr. Gilani. Justice Khwaja remarked: “the judiciary was an independent organ of the state and was answerable to the people not the parliament.” This is, however, not clear how the judges are answerable to the people when they are not elected by them. People hardly know how and by whom they are chosen, selected and nominated.
The disqualification of the prime minister by the apex court is under criticism by a part of the lawyers’ community and a section of the media. The Express Tribune in its editorial under the headline “A Judicial Coup?” on June 20 says, “The Supreme Court, in claiming to represent the will of the people, has removed from power the people’s representative saying that he stood disqualified from being a member of parliament and hence the office of the prime minister since April 26 — the day he was found guilty of contempt. Support for the decision may not be unanimous mainly because of recent developments, especially where the Honourable Court was dragged into the Arsalan Iftikhar matter…
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.
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.
By George Bruno
As the NATO military offensive against the revitalized Taliban progresses in Afghanistan, the political situation in neighboring Pakistan remains tense in a way that can directly impact U.S. military and political objectives in the region.
I have long believed that the pacification of the extremist threat in South Asia and around the world can only be accomplished in an environment of democracy and the rule of law. Any assault on these values fuels the fires of fanaticism.
. Why go through this gradual decay of democracy, why not make Ayman al-Zawahiri the Khalifa of Pakistan and be done with it.
The Army is playing with the judiciary and democracy in Pakistan.
It is a shameful day for democratic traditions in Pakistan. As soon as the nomination papers for Makhdoom Shahbuddin for Prime Minister are filed by the largest democratically elected group (PPP) in Pakistan, the Army through Anti Narcotics Force (ANF) http://www.anf.gov.pk/ issues non-bailable warrant for arrest of the nominee.
According to the rules of election now the contest will be between Raja Pervez Ashraf (derogatory termed as Raja Rental by his opponents) and Molana Fazlur-Rehman (derogatory title: Molana Diesel). The original nominee of the people could be either in jail or hiding under a rock from the ANF warrant.
Here is a comment on social media:
“ANF is run by Army. A major general heads it. It is a open secret that Army is in charge of the drug trade in Pakistan/Afghanistan. This is how they fund their minions of terror groups.
So you don’t think it even slightly coincidental as far as the timing of these warrants are concerned.
Army is playing its card, media and Judiciary are enabling them.”
Some think that the PPP made a mistake by having Gilani stay on after he had been held in contempt by the Supreme Court http://criticalppp.com/archives/79330. The Supreme Court was clearly on the wrong side of history with this decision . However, once the decision had been made PPP could have shown political savvy and exited their PM with a glorious concession speech.
Now there is too much water under the bridge. Army has a lot of cards, they, through their sympathizers carefully placed in Urdu and English press, have successfully painted PPP as a band of thieves with the biggest thief at the top i.e. Zardari. Perception as they say matters more than the reality. I am not trying to defend PPP, I am not a Jiyla and have never been one. What I am concerned about is the continued weakening of democratic traditions.
Nowhere in the world other than Pakistan a Prime Minister is sent home by the Supreme Court. No where in the world warrants for arrest of the next nominee are issued on the very day nomination papers are filed.
The media in Pakistan will just fall in line and play the corruption tune to cover up the bigger crime, i.e., the MURDER OF DEMOCRACY by the usual suspects.
via – Twitter