Time to change course

By Najam Sethi

Excerpt: … General Kayani’s reputation as a premier “thinking” general cannot be denied. By the same token, however, he must bear the burden of his misguided strategic theories that have brought Pakistan to an “existential” crisis (his own words) in the last five years. The “good Afghan Taliban, bad Pakistani Taliban” theory that has underpinned the army’s Af-Pak strategy has come a cropper because all forms and shades of Taliban and Al-Qaeda are one criminal network and the quest for a “stable and Pakistan-friendly” Afghanistan has foundered on the rock of big power dynamics.

It has been argued that General Kayani supported the cause of democracy by not imposing martial law when the chips were down for the PPP government. But the truth is that a fiercely independent media, aggressive judiciary and popular PMLN would have revolted against any martial law. The international community would not have supported it. And General Kayani’s own rank and file would have frowned upon it.

Under the circumstances, we hope the next COAS will change course and help the elected civilian leaders make national security policy to salvage our country.

– See more at: http://www.najamsethi.com/time-to-change-course/#sthash.5kCkjdPc.8J2Km32a.dpuf

High Treason: Senate passes resolution to try Musharraf under Article 6

ISLAMABAD: The Senate on Friday unanimously passed a resolution calling for a trial of former military ruler General (retd) Pervez Musharraf under Article 6 of the Constitution for derailing democracy and abrogating the constitution.

The resolution was tabled by Pakistan Muslim League – Nawaz’s Senator Ishaq Dar and was approved by all members of the Upper House of Parliament.

The resolution also demanded that all photographs, posters and banners of the former president be removed from all government buildings with immediate effect.

The Senators also called for the implementation on its earlier resolution of January 23, 2012.

Moreover, Federal Interior Minister Malik Muhammad Habib Khan informed the Senate that Musharraf was already in the government’s custody and that his Chak Shahzad residence had been declared a sub-jail.

Courtesy: DAWN
http://dawn.com/2013/04/19/senate-passes-resolution-to-try-musharraf-under-article-6/

Senators demand Musharraf’s arrest for supremacy of law

By APP

ISLAMABAD: Lawmakers in the Upper House of the Parliament Thursday demanded action against former President General (retd) Pervez Musharraf for his crimes against constitution, democracy, political leadership and the nation.

They also demanded from the caretaker interior minister to inform the House how he escaped from the court to his residence and “why a former General could not be arrested if the elected prime ministers of the country can be sent to jails.”

Speaking on points of order, the senators claimed that double standard existed in the country in violation of the Constitution which considers every Pakistani equal before the law.

“We have been talking of the rule of law and independence of judiciary. But, today we have seen that it is easy to send an elected prime minister to jail but a former General and military dictator cannot be arrested,” remarked senior PPPP Senator Raza Rabbani.

“In Pervez Musharraf’s case it is test of time. When the court had ordered to arrest him, then why he was not arrested. It’s a question mark,” Rabbani added.

He charged Pervez Musharraf of involvement in the abetment of killing of Benazir Bhutto and Nawab Akbar Bugti, abrogating the constitution and house arresting the judges of superior judiciary.

“Musharraf is a usurper who twice abrogated the Constitution. He was announced to be arrested but he safely fled in connivance with state institutions. The caretaker government was responsible to arrest him and the interior minister should inform the House why the government had not fulfilled its obligations,” Rabbani said.

PPPP Senator Farhatullah Babar said he does not hold caretaker government responsible for his escape. “I have been looking the state apparatus very closely. There are two laws and double standards in the country. If we could not mend it over the time how we can hold the caretakers responsible for these double standards.”

Imran Khan, PTI leaders Alliance with Tahirul Qadri

PTI leaders, Tahirul Qadri hold talks over reconstitution of ECP

By Ema Anis

LAHORE: Top leaders of Pakistan Tehreek-i-Insaf (PTI) met Minhajul Quran International (MQI) chief Dr Tahirul Qadri in Lahore on Wednesday to discuss their reservations over the current Election Commission of Pakistan (ECP).

PTI president Makhdoom Javed Hashmi told the media that the reservations were only discussed during the meeting, but the final decision will be taken by his party regarding the petition being filed in the Supreme Court by Qadri for the reconstitution of the election commission.

PTI vice chairman Shah Mehmood Qureshi said that a transparent ECP is crucial for the upcoming elections, “but the government claims that it cannot dissolve the election commission as it is against Article 209”. ….

Courtesy: The Express Tribune
http://tribune.com.pk/story/503384/pti-leaders-tahirul-qadri-hold-talks-over-reconstitution-of-ecp/

Rent-a-PM

by Hakim Hazik

If you already have carried out coup d’etas, or have your candidate in place, it is not too late. Please see our Morning-After package for details. (Previously called the Law of Necessity package.)

All are welcome to visit our brand new facility at the Constitution Avenue. We provide caretaker prime ministers, interim government leaders, technocrats and religious leaders at very competitive rates.

All our personnel come with a warrantee of a minimum of ninety days which can be extended to eleven years for a small monthly amount. (Terms and conditions apply, see the registrar Supreme Court for a detailed plan, customised to your needs).

If you already have carried out coup d’etas, or have your candidate in place, it is not too late. Please see our Morning-After package for details. (Previously called the Law of Necessity package.)

If your candidate has fallen foul of the articles 62-63 or of the Dual Nationality Law, a remedy can be found. Please see our Speedy Rehab plan for details. (Previously called the Halala package.)

This may include a six week intensive programme to learn the Ayat ul Kursi at Jamia Faridia International University. For the unlettered candidates, one to one oral instruction is available without any documentation, from our corporate partners, Arsalan-Riaz Associates. At the end of this intensive course, your candidate will fly through the requirements of reciting the selected suras in front of the most learned, pious and bewigged audience of the land and be able to maintain his parliamentary seat, without recourse to a by-election.

John J. Pinto – When in Canada …

By: Nadeem F. Paracha

John J. Pinto, the Caucasian Canadian and Catholic scholar who for some reason became a citizen of Pakistan has reached the Canadian capital, Ottawa, with some 40 billion followers of his.

Speaking near the Canadian Parliament Hall, Pinto told the mega-ultra-epic-mammoth crowd that he had returned to Canada to get rid of its corrupt politicians, parties and political system and impose true democracy with the help of the country’s armed forces, judiciary and ice hockey team.

‘I won’t move from here until I achieve my goal,’ he promised. ‘I will turn Ottawa into Nazareth and send Ceasar and his evil men home even if they feed me to the lions!’

Most Canadian politicians in the government and opposition have been critical of Pinto. They have accused him of staying in Pakistan as a Pakistani only to return to Canada on the instructions of those who want to derail Canada’s democracy, topple an elected parliament and replace it with a technocratic set-up backed by the military, judiciary and the country’s ice hockey squad.

‘Pinto is a former failed politician and a spiritual fraud,’ a government spokesman claimed. ‘We know who he is working for, and believe me, it’s not John the Baptist.’

Pinto refuted the claim: ‘I don’t want power,’ he shouted from behind his bullet-proof, water-proof, sound-proof, smoke-free, digital, 60-inch flat-screen altar. ‘I am ready to give my life for my country!’

Asma Jahangir sees democracy in danger

KARACHI: Prominent rights activist and former president of Supreme Court Bar Association (SCBA)Asma Jahangir on Tuesday said that lawyers will not support any decision which is against the rule of law and democracy.

Addressing a press conference at Karachi Press Club, she said future generations will not forgive us if democracy was derailed in the country, adding it is about time that we should start resisting undemocratic decisions.

Jahangir said the lawyers’ community will announce their strategy after going through written order of the Supreme Court for arresting Prime Minister Raja Pervez Ashraf and other accused in the rental power projects case.

President Sindh High Court Bar Association Mustafa Lakhani said an all parties’ conference was called to discuss the long march of Dr Tahirul Qadri a few days back in Lahore in which the participants, including lawyers, rejected it.

President Karachi Bar Association Naeem Qureshi said the lawyers had taken active part in the movement for independence of judiciary, adding the Karachi bar has given many sacrifices in this regard.

Courtesy: DAWN
http://dawn.com/2013/01/15/asma-jahangir-sees-democracy-in-danger/

A Peaceful Islamic Revolution in Pakistan?

By: Malik Siraj Akbar, Editor in Chief, ‘The Baloch Hal’

A Pakistani Muslim scholar with Canadian nationality has announced to transform Islamabad into “the world’s biggest Tahrir Square” on January 14th ahead of this year’s upcoming general elections. Dr. Tahir-ul-Qadri, a cogent public speaker, has made an abrupt but a robust comeback in Pakistan’s politics after spending nearly five years in Canada. Qadri, previously an unpopular politician but still a cleric with a large following of religious disciples, is asking for electoral reforms prior to the next polls.

There are two fundamental problems with Qadri’s demand.

First, he has given an absolutely unrealistic ultimatum of mere two weeks to the ruling Pakistan People’s Party (P.P.P.) to carry out vague electoral reforms, for example to ensure the election of ‘honest people’ to the parliament. In order to conduct these reforms, Dr. Qadri, while citing the Article 254 of the Pakistani constitution, justifies the postponement of the general elections which are expected to take place in May. The mainstream political parties, such as the P.P.P. and the Pakistan Muslim League of former Prime Minister Nawaz Sharif, want to go for elections without any interruptions soon after the completion of the current term of the parliament because they oppose any kind of derailment of the democratic process.

Second, Dr. Qadri is asking for representation for the powerful Pakistani military and the politically active judiciary in the interim government, a demand that clearly clashes with the very spirit of democracy.

“Pakistan Army, ISI must shut up shop if they can’t protect people”: Altaf Hussain’s bold stance on Shia genocide

Minorities under attack: Altaf lines up police, agencies, clerics, judges, army and… fires

By Saba Imtiaz

Karachi: In an impassioned speech that included critiques of clerics and the judiciary, Muttahida Qaumi Movement (MQM) chief Altaf Hussain asked the Pakistan Army, Inter-Services Intelligence and other agencies to shut up shop if they could not “protect people”.

“Leave them,” Hussain said before turning to his audience, “You have a right to defend yourself by any means.”

Altaf’s speech at an interfaith conference organised by his party in Karachi came after a series of statements by him and other party leaders on the increase in the number of attacks on Shias throughout Pakistan. Several clerics from Karachi as well as other cities of Pakistan such as Quetta, Lahore and Chakwal, were in attendance.

How long and how many more liberals you will kill? You can crush all of us. But you can’t stop the spiring.

Pakistan’s musician Taimur Laal on massacres of liberals in the “Land of the Pure” by the “guardians of the Religion of Peace!?” Laal’s video on the trials, tribulations, and sacrifices of the people of Pakistan in the struggle against extremism in our society.  Religio-fascists! how do you claim that the battle is over in which we have not even taken the very first step! You can crush All of us. But you can not stop the spring.

Poet: Faiz Ahmed Faiz. Directed by Dr. Taimur Rahman.

Courtesy: Laal » YouTube

With friends like these

By Saroop Ijaz

The temptation to ignore Sheikh Rasheed is a strong one for the reason that he is a clown who thrives on cheap publicity and takes pride in his crudeness. Yet, the temptation should be fought off since he has now completed the transition from being a third-rate comedian to more like a roving, blood-seeking individual. Equally significantly, Sheikh Rasheed now deserves our contempt and attention not only for himself but also for those he seeks to associate with. He called for the Chief Justice to act like a common murderer and kill the president of the country, asked the Chief of Army Staff to intervene and take over and implored Mullah Omar (who he also termed Ameer-ul-Momineen) to be benevolent enough to allow Imran Khan to make his expedition into Waziristan in one speech. This is quite unbelievable even by the low and vulgar standards of the Sheikh. He should be locked up (for good, if possible) for incitement to murder and subversion of the Constitution and treason and not be allowed to pollute our airwaves unnecessarily while the process is being conducted. No elaborate case needs to be made against him and the video clip of his speech at Rawalpindi should be sufficient to send him away.

I am disgusted at what Zia did to Pakistan

By Omer Kamal bin Farooq

To begin with, I absolutely loathe generals in uniform running countries. No matter how incompetent the politicians are, how relevant the doctrine of necessity is and how much of a messiah the man in the boots is, there is something very corrupt and amoral about the whole thing.

I remember watching Ziaul Haq’s martial law speech for the first time as a teenager during the peak of the lawyers’ movements. As a child who grew up in Musharraf’s martial law, I, for the first time, was discovering terms like ‘judicial independence’, ‘supremacy of the constitution’, and the ‘primacy of democracy‘. I was caught up in the romance of all that.

Then I saw his speech in which he shamelessly went on about how “Mr Bhutto’s” government has been brought to an end, assemblies dissolved and ministers removed.

What flabbergasted me was how could a man say all this in one sentence and never stutter for once. How could he tell his “aziz humwatno” (dear countrymen) that they are inconsequential and their elected institutions and people are nothing more than fragile toys left to the whims of a badly brought up child?

But he did all this, never being weighed down by the burden of his own words. Heck, he even talked about the constitution in the last part of the sentence. So the constitution, head of the government, provincial and national assemblies, ministers and governors, all went in the same sentence and the man did not even show a modicum of remorse. Despite this, we all know who was hanged in the wee hours of the morning and who got the much celebrated state funeral only fitting for a national hero.

A lot has changed in the last five years since I saw the video of his speech. The lawyers are upholding the law by banning Ahmadi-owned soft drinks and showering cold-blooded murderers with rose petals. Even judicial activism has been harbouring on the fringes of judicial martial law, but one thing has remained constant; my disgust for what Zia has done to my country and what he stood for.

The painful plight of native Sindhi Hindu community – Forced migration of native children of Sindh

By: Iqbal Tareen

The painful plight of native Sindhi Hindu community, which has been under systematic onslaught of government agencies, criminal groups, decadent sardari system and violent clan groups in Sindh. Decades of religious extremism; collapse of judiciary and law enforcement agencies; criminalization and commercialization of political parties in the country especially in Sindh has created an environment where various religious, gender, and ethnic minority groups are thrown under serious vulnerability.

Although it is an unequivocal responsibility of State to safeguard life and property of every citizen but it does not relieve other individuals, groups, and institutions from their moral obligation to fight social injustice and discrimination.

In times when even advanced nations are actively alluring global talent, the most peaceful, law abiding, hardworking, highly skilled and entrepreneurial native children of Sindh are being forced to leave their

motherland just because they happen to be part of a very successful but defenseless community.

We could easily blame others but ultimate responsibility rests with us at the individual and collective level. By sitting on the sidelines or not doing enough we have allowed uprooting of hundreds and thousands of our

best and brightest native brothers and sisters. Unforgiveable failings of human rights and Sindh rights organizations compounded by our individual dereliction of moral duty have created a severe moral crisis of our collective consciousness.

At personal level, I feel guilty of my failure to bring this issue to the front burner of a public discourse within North American Diaspora. Having said that, I am not ready to lose my faith in the basic goodness of human

beings. Together we can still prevent further perpetration of this collective crime against a peaceful community in Sindh.

I hope members of Pakistani media, civil society and Pakistani Diaspora organizations will follow lead in exposing those individuals and groups who are behind religious cleansing of minority groups in Pakistan.

I assure you of my personal efforts in solidarity with the just and moral cause of our Sindhi Hindu brothers and sisters in Pakistan.

About – The writer is a President of Silver Lining International, author of books, rights activist and former president of Sindhi Association of North America.

Courtesy: Sindhi e-lists/ e-groups, August 12-13, 2012.

SC asks PEMRA if it has taken notice of TV programs defaming judiciary

By Web Desk

We will show you advert­isemen­ts, you tell us if they are obscen­e or not, says chief justic­e to PEMRA

ISLAMABAD: The Supreme Court of Pakistan, hearing applications filed against “obscene content” being aired on television channels, asked Pakistan Electronic Media Regularity Authority (Pemra) if it had taken any notice of programs defaming the judiciary.

The applications were filed by ex-Ameer of the Jamaat-e-Islami, Qazi Hussain Ahmad, and Justice (retd) Wajihuddin Ahmed of the Supreme Court, who has recently joined the Pakistan Tehreek-i-Insaf.

The three-member bench hearing the applications rebuked Pemra’s performance in this regard, while Justice Jawad S Khwaja remarked that the regulatory body never does anything concrete.

Chief Justice Iftikhar Muhammad Chaudhry said to Pemra that the bench will air TV advertisements and Pemra will be made to decide if they are obscene or not.

Dismissal of new PM would tantamount to breaking country: Gilani

LAHORE: Former Prime Minister Yousuf Raza Gilani has said that if anything happened to the new prime minister, it would tantamount to breaking up the country. He said that the court decision against him was also unconstitutional. Gilani said that writing a letter to Swiss authorities would go against the constitution. The former prime minister also said that if elected officials were to be dismissed by court decisions, then there would be no use for elections. Gilani said that the system should be allowed to continue. He also said that the judiciary is not a political party and that it should not have any agenda.

Courtesy: DAWN.COM

– – – – – – – – –

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

PAKISTAN PERISCOPE – The case of exploding lawsuits

As the Supreme Court ups the ante against the new prime minister, the battle between various stakeholders in Pakistan is likely to get intense

By: Ayesha Siddiqa Independent Social Scientist

Excerpts

…. the most challenging act seems to be the case against Chief Justice Iftikhar’s son Arsalan Iftikhar. Allegedly, Arsalan blackmailed real estate tycoon Malik Riaz into paying him more than PKR 36 crore in bribe for getting favourable judgments in cases being heard in the Supreme Court. Although nothing has been definitely proven against him as yet, the glitterati of Lahore talk about Arsalan’s extravagant lifestyle, which comes as a surprise since he didn’t have a job three years ago. The Chief Justice comes from a humble background and claims to have no property, a statement that adds to the complexity of his son’s fortune. Riaz, who is considered as being close to both the military and Zardari, has continued to point fingers at Arsalan, his father and the entire family for extorting money and favours out of him.

The Arsalan-Riaz case is now being heard by the Supreme Court and probed independently by a Joint Investigation Team (JIT) comprising members from the country’s prime anti-fraud agency, the National Accountability Bureau, the Islamabad Police and the Federal Investigation Agency. Clearly, this is a card in the government’s hand that Chief Justice Iftikhar and his team of close aides seem to try to destroy by casting aspersions on the JIT’s credibility. It is not a coincidence that after every hearing by the JIT, there is an effort by the pro-Chief Justice wing of a certain media group to point fingers at the credibility of JIT. The effort increases around every hearing by the court or the investigating team.

The yet-to-be-proven case of extortion and the players involved in it make the head spin at the complexity of the case. According to sources, Riaz, who is reputed to be an “ISI asset”, could not have taken the risk of so brutally challenging the Chief Justice without taking the security establishment on board. The question is how does one juxtapose this assumption against another that the higher judiciary has the army’s support to destabilise the government?

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.

Partymen caution Nawaz against blindly supporting judiciary

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

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.

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.

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.

CJ’s remarks

CJ’s remarks

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?

Courtesy: DAWN.COM

http://dawn.com/2012/07/09/cjs-remarks-3/

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/

Parliament not sovereign – Justice Khawaja

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 SC judges’ conduct: SC

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

http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9ODgxMzc=

Via – twitter

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More detials » BBC urdu

http://www.bbc.co.uk/urdu/pakistan/2012/07/120703_pac_judges_sa.shtml

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

‘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.

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

Kurd unhappy over SC verdict on NRO

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.