Talking to Radio Pakistan, Asma Jahangir said it makes no sense if only judges have to appoint judges

Prominent jurists give expert opinion on Judicial Commission for appointment of judges

They were speaking in Radio Pakistan’s programme ‘Naey Ufaq’‚ which was aired on Saturday night.

Prominent jurists have opined that composition of the Judicial Commission for appointment of judges was not complete and therefore‚ appointments so made are open to question.

Taking part in Radio Pakistan’s programme ‘Naey Ufaq’‚ on Saturday night‚ former Law Minister and senior jurist Khalid Ranjha said there would be nothing wrong with the proceedings of the Commission if someone from the existing members does not attend its meeting. However‚ as Pakistan Bar Council has not as yet nominated its member to the Commission‚ therefore‚ appointments done by it would not be in line with the spirit of the Constitution.

Another senior legal brain Latif Afridi also subscribed to this point of view and said an incomplete Commission should not conduct its proceedings for appointment of judges.

Former President of Supreme Court Bar Association Asma Jehangir said input from the legal community should also be included while making nominations for appointment of judges. She said it makes no sense if only judges have to appoint judges as the process may also result induction of people with questionable competence or background. ….

Courtesy: http://www.radio.gov.pk/newsdetail-36946

More of a political vendetta than a legal crusade – Los Angeles Times

Pakistan highest court ousts Prime Minister Yousuf Raza Gilani

The ruling stems from a conviction involving a graft case against Pakistan’s president. It sets up a clash between President Asif Ali Zardari and the judiciary.

By Alex Rodriguez, Los Angeles Times

ISLAMABAD, Pakistan — The Pakistani Supreme Court ousted Prime Minister Yousuf Raza Gilani on Tuesday, leaving an important U.S. ally without a chief executive and setting up a showdown between the country’s president and judiciary that could lead to political chaos.

The ruling, triggered by Gilani’s contempt conviction in April for failing to revive an old corruption case against Pakistani President Asif Ali Zardari, potentially sets up a constitutional clash between the judiciary and parliament, which is controlled by Zardari’s Pakistan People’s Party, or PPP, and a fragile coalition of allied parties.

For now, Zardari’s party appeared to accept that Gilani and his Cabinet are no longer in government.

“Technically, after this Supreme Court decision, Gilani is no longer prime minister,” Qamar Zaman Kaira, a top party leader who up until Tuesday was information minister, said at a news conference. “And if the prime minister isn’t there, then the Cabinet is no longer there.”

Though Chief Justice Iftikhar Mohammed Chaudhry is revered in Pakistan as a bulwark against corruption, many experts believe his pursuit of the graft case against Zardari may be more of a political vendetta than a legal crusade. ……

Read more »Los Angeles Times

http://www.latimes.com/news/nationworld/world/la-fg-pakistan-gilani-20120620,0,2429553.story

One suo motu too many – By: Tausif Kamal

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

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

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

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

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

Israel: High Court Rulings Undermine Human Rights

Recent Decisions Uphold Discrimination, Exploitation of Occupied Territory

(Jerusalem) – Recent decisions by Israel’s high court aim to legitimize clear violations of Israel’s international legal obligations, Human Rights Watch said today. In one decision, the court disregarded international law prohibiting discrimination, and in another, it ignored international law on the use of resources in an occupied territory. Israel should annul a law preventing Israeli citizens from living with their Palestinian spouses and end policies that permit private Israeli companies to strip rocks and other construction materials from quarries in the occupied West Bank for their own economic gain.

“With these rulings, Israel’s highest court has veered seriously off course in serving as a final bastion for upholding human rights,” said Sarah Leah Whitson, Middle East director at Human Rights Watch. “For the system of legal checks against rights abuses to break down like this is one more indication of the unraveling of protections for rights and freedom in Israel.” ….

Read more » Human Rights Watch (HRW)

Husain Haqqani Confined in Pakistan Amid Legal Battle

By SALMAN MASOOD and ERIC SCHMITT

ISLAMABAD, Pakistan — Just a few months ago, Husain Haqqani, the former Pakistani ambassador to the United States, brimmed with charm and confidence as he hosted lavish dinner parties for diplomats, generals, journalists and White House aides in Washington.

Now Mr. Haqqani is confined to the regal hilltop residence of Pakistan’s prime minister, tangled in a legal battle over a controversial memo that he says has put his life in jeopardy.

Hounded by what he and his supporters say is a vicious smear campaign by a nationalist, right-wing media, and fearful of being kidnapped or killed by the country’s powerful spy agency, Mr. Haqqani has spent the past five weeks sequestered in a guest suite in the premier’s residence overlooking the capital. He has left the compound just three times — twice for legal proceedings and once for a dental appointment — each time flanked by a heavy security detail.

As ambassador, Mr. Haqqani, a 55-year-old former journalist and Boston University professor, glided about Washington pressing Pakistan’s case to Congress and administration officials, and dropping news tips to reporters. Now he feels cooped up.

“I can go out for a walk, but it is essentially like a house arrest,” Mr. Haqqani said in an interview. ….

Read more » The New York Times

Turkey’s former military chief arrested over alleged anti-government plot

By Associated Press

ISTANBUL — A former Turkish military chief suspected of leading an Internet campaign to stir revolt was jailed Friday in a sweeping investigation of alleged conspiracies to topple a civilian government that has stripped the armed forces of political clout.

Gen. Ilker Basbug, 68, was the most senior officer to face trial in the anti-terror probes that began years ago, netting hundreds of suspects, many of them retired and active-duty military officers. The government casts the inquiries as a triumph for the rule of law and democracy, but suspicions of score-settling, long imprisonments without verdicts and other lapses have tainted the legal process.

The investigations serve as a pivotal test for Turkey’s ability to put its own house in order even as it seeks a higher profile in a turbulent region where the Turkish brand of electoral politics and Islam-inspired government is viewed by some as worthy of emulation.

Perhaps most notable about Basbug’s arrest was the muted public response in a country where civilian leaders were once beholden to the generals, and any hint of conflict stirred fears of a coup. The power balance shifted in the past decade as Prime Minister Recep Tayyip Erdogan undermined the premise that the military brass were the untouchable guardians of secularism, as enshrined in the constitution. …

Read more » The Washington Post

BlackBerry maker vows privacy safeguard amid probe

By AFP

OTTAWA — Research In Motion vowed Tuesday to defend the legal privacy rights of BlackBerry users after a judicial commission in Pakistan ordered copies of smartphone communications in a scandal probe.

The Canadian firm reacted to news that a Pakistani commission was seeking records for a probe into an unsigned memo purported to ask for Washington’s help to rein in Pakistan’s military.

The highly controversial memo was allegedly an attempt by a close aide of President Asif Ali Zardari to enlist the US military’s help to head off a military coup in May in Pakistan. …..

Read more » http://www.google.com/hostednews/afp/article/ALeqM5iH0E_CyR0Lc1k_N63vVDrY0MThqg?docId=CNG.3ec81592b40bb5358c1575a97cd5b5ce.201

FEDERAL COURT OF CANADA HAS RULED A MEMBER OF MQM-A INADMISSIBLE TO CANADA BECAUSE MQM-A MEETS THE LEGAL DEFINITION OF TERRORIST ORGANIZATION.

…… [13] The immigration officer concluded that the applicant is inadmissible to Canada on security grounds pursuant to paragraph 34(1)(f) of the IRPA for being a member of an organization that there are reasonable grounds to believe has engaged in terrorism as referred to in paragraph 34(1)(c) of the IRPA. The applicant was a member of the Mohajir Qaumi Movement – Altaf (MQM-A), and there are reasonable grounds to believe that the MQM-A is an organization that has engaged in terrorism while the applicant was its member. ….

To read full Judgement → http://decisions.fct-cf.gc.ca/en/2010/2010fc781/2010fc781.html

They should apologize for Zulfiqar Ali Bhutto’s judicial murder

The military should apologize for Zulfiqar Ali Bhutto’s judicial murder

By Shiraz Paracha

Excerpt:

Parrot writers and journalists in Pakistan always praise the position of a serving Army Chief. Those who have sold their souls tell us how great the military’s top brass is. It does not matter if it includes generals, who surrendered in Dhaka, and those who ran away from Kargil, or those who killed an elected Prime Minister and tore apart the constitution. Even military leaders accused of corruption, incompetence and misconduct are portrayed as heroes.

It is not surprising that we are told that the current Army Chief, General Ashfaq Parvez Kayani, is the only capable saviour of Pakistan. Analysts, anchorpersons and columnists, who pretend to be mouthpieces of the military, inform us that General Kayani is different than his predecessors.

Not very long ago, General Kayani was the right-hand man of General Parvez Musharraff. After Kayani became the Commander-in-Chief, General Musharraff received a guard of honour at the end of his illegal stay in the President House. The military is a state within the state in Pakistan. The sword of a military intervention still hangs over the civilian government as the power equilibrium continues to be in the military’s favour even under General Kayani.

Nonetheless, so far, General Kayani has acted wisely and he appears softer than the previous heads of the Pakistani military. The Armed Forces are supposed to defend a country but the Pakistan military has embarrassed Pakistan many times. The Armed Forces are a symbol of pride for the people of a country; in Pakistan the military has caused national discomfiture. Some Pakistani generals wanted to make history—they left with dark history. ….

…. At the same time, the Supreme Court of Pakistan and the Lahore High Court must reverse the decision of Bhutto’s judicial murder and seek an apology from the people of Pakistan. The Supreme Court is guilty of gross injustice. The Bhutto case is a stain on the institution of judiciary. Bhutto’s blood will stay fresh in the courtrooms until justice is done and Bhutto’s dignity is returned to him by the Court. The integrity and respect of the Supreme Court of Pakistan will never be restored without declaring Bhutto innocent and calling him Pakistan’s national hero.

Also the Supreme Court should formally admit that judges who were instrumental in providing legal cover to martial laws and dictators were actually traitors. The Court should give a similar verdict about generals who imposed military coups and derailed Pakistan. …

To read full article : LET US BUILD PAKISTAN

Punjabi Language Movement

Punjabi Language Movement Protest Rally in Lahore

Punjabis’ legal, democratic rights ‘being usurped’

LAHORE, Feb 20: Constitutional, moral, legal and democratic rights of the Punjabi people are being usurped by the establishment, putting the integrity of Punjab in danger.

“Anti-Punjabi language forces within the establishment and anti-Punjabi mindset of the rulers are hampering enforcement of Punjabi as official, academic and legal language in Punjab,” said Punjabi Language Movement convenor Chaudhry Nazeer Kahut at a rally near Shimla Pahari on Sunday.

“The 150 years old undeclared and unofficial ban on basic education in mother tongue in Punjab be abolished and systematic cleansing of Punjabi language in Punjab be stopped. Punjab wants its mother tongue back. Punjabi children should be given basic education in their mother tongue just like the children in rest of the world.

The official discrimination against the mother tongue of 100 million people of Pakistan should be stopped immediately,” said a charged Kahut. …

Read more : http://www.apnaorg.com/articles/plm-4/

The health minister of Punjab, Dr Tahir Ali Javed, who practiced in America from 1989 to 2002 is facing 30 law suits in the state of Nebraska U.S. in connection with the largest known outbreak of Hepatitis C infection

Pakistan minister faces US court

A provincial health minister in northern Pakistan is facing 30 law suits in the United States in connection with the largest known outbreak there of Hepatitis C infection.

The health minister of Punjab, Dr Tahir Ali Javed, who practiced in America from 1989 to 2002, has been formally accused by the state of Nebraska in connection with the Hepatitis outbreak which has been linked to his former clinic.

Vowing to defend himself in the US court, he told the BBC that he did not receive any legal notice while he was in the United States and that the cases date back some four years.

Read more : BBC

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More details : South Asia Tribune – Nebraska State Announcement

Amnesty International, has called for criminal investigation of torture by George W. Bush

Swiss Miss Bush – GWB Ducks Geneva Criminal Torture Charges

by Bill Quigley

Justice for George W’s torture violations jumped much closer this weekend. Ex-President George W Bush was supposed to fly to Switzerland to speak in Geneva February 15. But his speech was cancelled over the weekend because of concerns about protests and efforts by human rights organizations asking Swiss prosecutors to charge Bush with torture and serve him with an arrest warrant.

Two things made this possible. Switzerland allows the prosecution of human rights violators from other countries if the violator is on Swiss soil and George W admitted he authorized water boarding detainees in his recent memoir. Torture is internationally banned by the Convention Against Torture.

The European Center for Constitutional and Human Rights, the International Federation for Human Rights, and the US-based Center for Constitutional Rights prepared criminal complaints with more than 2500 pages of supporting material to submit to the Swiss prosecutor. These criminal complaints were signed by more than 60 human rights organizations world wide and by the former UN Special Rapporteur on Torture, the former UN Special Rapporteur on Independence of Judges and Lawyers, and Nobel Peace Prize recipients Shirin Ebadi and Perez Esquivel.

Amnesty International, which has repeatedly called for criminal investigation of torture by GWB, sent Swiss prosecutors a detailed legal and factual analysis of President Bush’s criminal responsibility for torture.

Read more : DissidentVoice

Governor Salman Taseer’s assassination & the rising tide of fanaticism in Pakistan

By Ahmed Chandio

The assassination of Punjab Governor Salman Taseer has spread fear and terror among people. A killer has been made hero and the victim as a villain in the name of blasphemy law. Religious parties of the country have intensified their activities in the wake of the Governor’s assassination. They don’t care about the country’s image abroad and the cost anyway. People are not ready to discuss the issue of blasphemy saying it’s a sensitive issue.

Lawyers of Rawalpindi forced a judge of an anti-terrorism court not to leave for the capital to hear the case. Finally, police shifted the accused to Rawalpindi to present him before the judge. Lawyers and activists of some religious parties placed garlands of roses around the killer’s neck. They showered him with flower petals and kissed him. According to a PPP minister, lawyers who garlanded the killer belonged to the PML-N.

Over 300 lawyers signed legal documents expressing their willingness to defend the killer. But no public prosecutor came forward to plead the case of the assassinated governor because of fear.

One newspaper reported that Qadri was a mercenary killer and paid to carry out the murder. He was given an assurance that his family would be looked after if anything happened to him or if he was convicted. Sources said announcements had been made about bounty to be paid to the killer and the amount offered totaled Rs40 million.

The Punjab governor’s murder is seen as an act of religious fanaticism. The roots of the menace can be traced back to the Zia era. Earlier it was considered that madressahs (religious seminaries) served as breeding grounds for producing fanatics. But profiles of 9/11 terrorists, Times Square bomber, the killer of journalist Daniel Pearl proved that all of them had not studied in madressahs. The killer of Punjab governor had also not studied in madressah.

Can we hold curriculum being taught from primary to university-level education in Pakistan responsible for terrorism? No. Ahmed Omar Saeed Sheikh, the killer of Daniel Pearl, had studied in the London School of Economics.

Then what instigated them to be a fanatic? What are sources and forces of hate in Pakistan?

There has been no doubt that hate missions are very much institutionalized and billions of rupees are spent on them. Some foreign countries are also funding millions of rupees to groups involved in acts of militancy. …

Read more : Indus Herald

Times we live in

In order to make sense of the atmosphere of fear, it is important to distance oneself from essentialist readings of Muslim culture as being inherently intolerant.

By Ammar Ali Jan

It is difficult to point out what is more painful to witness; the brutal murder of a Governor of the largest province of the country because he had dared to express dissent on a controversial law or the public celebration of this violent act by extremist forces, with complete impunity from the state. What is particularly shocking, however, is the muted response of secular political parties in the country in the wake of this assassination. Despite enjoying complete electoral hegemony over religious forces in Pakistan, mainstream parties are finding it increasingly difficult to speak out against discriminatory practices in our society, owing to the growing domination of religious forces in setting the contours of our cultural discourse.

Pakistan: Lawyers or mobsters?

The way lawyers led by Fazal-ur-Rehman Niazi, president PML (N) lawyers’ wing in Rawalpindi, came out in support of Mumtaz Qadri, was unethical and shameful. It not only violates the very basic rules of the legal profession, it expressed admiration for intolerance and fanaticism. Federal Minister of Law, Babar Awan, may be trying to get political mileage by categorizing the martyrdom of Salman Taseer as political because of Niazi’s actions; but he has a point: PML (N) is part of the crowd that abets religious extremism.

The legal profession includes judges, lawyers and other functionaries involved in the court system. Legal professionals of all levels are supposed to uphold the existing laws and try to implement them. Even when a professed murderer is on trial, lawyers make sure that all legal requirements are being fulfilled. A legal professional is duty bound not to become part of sedition or exonerate an accused outside the court of law. However, all such rules were violated when Niazi led a crowd of lawyers that showered rose petals on self-confessed murderer Malik Mumtaz Qadri.

If a legal professional cannot uphold a simple rule that no has the right—come what may—to take another person’s life, then he is part of a wild mob rather than a member of the legal community. A lawyer may have private biases against certain type of people but he is not supposed to publically endorse an illegal activity. Violating this basic rule, Mr. Niazi’s lawyer crowd and all the other who are volunteering to defend him are proving themselves to be nothing more than a lawless gang. Even if every Pakistani lawyer joins the killer-adoring crowd, it will still be a lawless gang. Their jackets and ties cannot cover this ugly reality.

The lawyer’s crowd in this case was no different than the fatwa issuing mullahs. Actually, the lawyers were confirming that mullahs’ fatwas are more valid than the country’s law. By adoring and idealizing killer Qadri, the lawyers’ crowd was condoning murder by an individual who can act as his own judge, jury and executioner. I wish the mullahs formally take over the court system and then we will see how these lawyers earn their bread and butter. All of them will have to go back to madrassas to become advocates in Qazi courts. These lawyers have no clue that they are cutting their own feet by supporting fatwas at the expense of the country’s laws. Evidently, Pakistani situation is very grave: If the defenders of the law turn into the biggest law breakers then the future is very bleak. It is just like setting your own house on fire.

The very fact that the lawyers’ crowd was led by a PML (N) leader shows that, at its base, the ruling party of Punjab is also comprised of fanatic mobsters who have no respect for the law. Advocate Niazi was not the only PML (N) leader who expressed admiration for the killer: PML (N) spokesman, Sidique-ul-Farooq also gave a similar spin to this murder by saying the Taseer was going to be murdered any way by someone if not killer Qadri. This means that Punjab government was aware of the danger and it did not do much about it. PML (N) may not be part of a conspiracy to kill Taseer but it is part of the crowd that has created an environment of extremist religion. After all, it was in Nawaz Sharif’s tenure as prime minister, that the mandatory death sentence was added to the Zia era blasphemy law.

The degeneration of some lawyers groups into mobster gangs is the most heart breaking development. People like us had thought that the lawyers’ movement has ushered in a new era where Pakistan will be run by law and order. But it has been proven over the months that our conclusion was a premature half-truth. Probably, the silent majority of lawyers led by Aitzaz Ahsan and Asma Jahangir are still the ray of hope. But they should know if they don’t rise to defend the rule of law their profession is in jeopardy. The lawyers’ crowd, as a tool in the hands of Mullah Shahi, is most lethal and destructive. The silent majority of lawyers has to find out a way to fight the lawyer mobster gangs.

Courtesy:  http://www.wichaar.com/news/285/ARTICLE/23526/2011-01-08.html

PROSTITUTION : THE GREAT DIVIDE

Feminists split over judicial decision overturning some legal restraints on prostitution
– ANTONIA ZERBISIAS
Canadian feminism is a bawdy house divided. In the aftermath of last month’s landmark court decision that lifts the barriers to free trade in the sex trade, women’s rights activists are facing off. They’re split over whether the ruling will make sex workers safer — or merely pump up profits for pimps and help organized crime to traffic women. …

Read more : The Star