Tag Archives: order

New World Order – New Greater Pushtunistan & Balochistan

The New World

By FRANK JACOBS and PARAG KHANNA

IT has been just over 20 years since the collapse of the Soviet Union and the last great additions to the world’s list of independent nations. As Russia’s satellite republics staggered onto the global stage, one could be forgiven for thinking that this was it: the end of history, the final major release of static energy in a system now moving very close to equilibrium. A few have joined the club since — Eritrea, East Timor, the former Yugoslavian states, among others — but by the beginning of the 21st century, the world map seemed pretty much complete.

Now, though, we appear on the brink of yet another nation-state baby boom. This time, the new countries will not be the product of a single political change or conflict, as was the post-Soviet proliferation, nor will they be confined to a specific region. If anything, they are linked by a single, undeniable fact: history chews up borders with the same purposeless determination that geology does, as seaside villas slide off eroding coastal cliffs. Here is a map of what could possibly be the world’s newest international borders.

Pashtunistan and Baluchistan Take a Stand

To Iran’s east, the American withdrawal leaves the “Af-Pak” region in a state of disarray reminiscent of the early 1990s. With no cohesive figure in sight to lead Afghanistan after President Hamid Karzai, and with Pakistan mired in dysfunctional sectarianism and state weakness, a greater Pashtunistan could coagulate across the Durand Line, which divides the two countries. Meanwhile the gas-rich but politically alienated Baluchis could renew their independence drive, which peaked in the 1970s.

Courtesy: The New York Times (Sunday Review)

http://www.nytimes.com/interactive/2012/09/23/opinion/sunday/the-new-world.html?smid=fb-share

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

Know thy facts

By Feisal H Naqvi

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

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

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

By Richard Leiby

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

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

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

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

Read more » The Washington Post

Judicial responsibility and organs of state

By Markandey Katju

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

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

Continue reading Judicial responsibility and organs of state

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

Judge Iftikhar Chaudhry threatens Pakistan’s democracy

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.

Continue reading Judge Iftikhar Chaudhry threatens Pakistan’s democracy

For the good of democracy – By Farrukh Khan Pitafi

Democracy means government by the uneducated, while aristocracy means government by the badly educated.” — Gilbert K Chesterton

At a juncture when the propinquity of a truly democratic order was almost being taken for granted, Pakistan suffered the biggest disaster since the hanging of Zulfikar Ali Bhutto. A three-member bench headed by the Chief Justice of Pakistan, who has vowed to protect democracy, sacked a democratically-elected prime minister on a matter of constitutional interpretation.

The sacked man, Yousaf Raza Gilani, and his party accepted the ruling with grace and nominated another candidate. But the day the prime ministerial nominee, Makhdum Shahabuddin, was to file his nomination papers, an anti-narcotics court issued a non-bailable warrant for his arrest, on a case that had been pending for weeks. Imagine, a court waking up on that precise day. The powers that be in the Islamic republic do not seem to care much for democracy. I have previously expressed hope in the growth of democracy and the institution building process. With the prime minister removed through an undemocratic, albeit legal method, that optimism cannot be sustained. It is clear that this is not the case of institutions clashing over boundaries, but disputes concerning other matters. Of course, the ruling party, too, is responsible for this sorry tale.

In Islamabad’s drawing rooms, it is being speculated that a government of technocrats backed by the army will soon be installed through a soft coup. Those who make these claims, carry a list of candidates for each ministry. Another theory is that the judiciary-executive tussle will result in the announcement of early elections and when the assemblies are dismissed, names in the aforementioned list will be adjusted in the caretaker cabinet, which in time, will be granted two to three years of extension. As the sacking of a prime minister and embarrassing an elected government by asking it to write a letter against its own head of state can be considered akin to protecting democracy, there is little doubt that this would also strengthen democracy.

Change may come in any shape, but if it comes through any means other than fresh elections, it will be detrimental. And change will definitely come. But let us fix responsibility for any undemocratic development. It should be remembered that the current democratic dispensation was founded on an intricate masonry of checks and balances. One function of the independent judiciary was to protect democracy. While it might have protected it from a military takeover, it has not been able to protect it from its own wrath. You can foresee the entire system collapsing. Some would say that the protectors of the Constitution have plunged the nation into another crisis-ridden bog.

If any undemocratic change comes, our armchair theoreticians assure us, it will not be limited to the cabinet and parliament alone, but will affect the judiciary as well. Perhaps, our judicial custodians have forgotten that they are part of the very democratic order that their recent verdicts seem to have so negatively impacted.

Courtesy:  The Express Tribune, June 23rd, 2012.

Pakistan – Murder of Democracy

. 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.

Courtesy: LUBP

http://criticalppp.com/archives/79613?utm_source=twitterfeed&utm_medium=twitter

via – Twitter

The Guardian – Yousuf Raza Gilani’s sacking is bad news for Pakistan

By Muhammad Hanif

Pakistan’s judiciary is starting to care less for the rule of law than the sound of its own sermonising voice. Which suits the military

In the past, Pakistan’s supreme court has hanged an elected prime minister on trumped-up charges, sentenced another to life imprisonment and forced several career politicians into exile. So the disqualification of the prime minister, Yousuf Raza Gilani, on contempt-of-court charges should be seen as a step forward. Nobody died, right? The Pakistan Peoples’ party and its coalition partners now have another prime minister in the shape of Raja Pervez Ashraf. Pakistan’s supreme court will thump its chest and say we have proved that the law is the same for a commoner and a king. Pakistan’s all-powerful army will say: look, no hands. So why are Pakistan’s human rights activists calling it a judicial coup and warning us that the whole democratic facade is about to be pulled down?

Political decisions used to be made in the Pakistani army’s HQ. But the action has shifted to court one of the supreme court, in full view of the public, with judgments framed and delivered like soundbites for the primetime news.

Since being restored to his job after being sacked by President Musharraf in 2009, the chief justice, Iftikhar Chaudhry, has been betraying an evangelical streak in his pronouncements. Maybe he feels that, with a country full of self-righteous zealots, he needs to adapt their tone. Or perhaps he is one. He doesn’t wait for the petitioners to come to the court, he watches TV and acts on his own cognizance. Even the half of Pakistan that can’t read or write will tell you what a suo motu is. We have already been quoted Khalil Jibran and the Persian poet Hafiz, and, it seems, a verse from the Qur’an or a hadith is only ever a suo motu notice away. When the chief justice took suo motu notice of allegations of his own son’s corruption he turned up in court waving a copy of the Qur’an and insinuating comparisons with himself and the second caliph, Umar.
Last year the chief justice took suo motu notice against the country’s most famous television actress for possessing a bottle of wine. Elsewhere, one of his sidekicks wondered aloud that if one day Pakistan’s parliament were to legalise gay marriages, would the supreme court sit quietly and watch?
This court is not as much in love with the rule of law as with the sound of its own sermonising voice. It has also mastered the art of selective justice. The same supreme court that has been sitting on an ISI corruption case for 15 years, the same judiciary that can’t look a retired general in the eye or force a serving colonel to appear in court, feels it perfectly constitutional to send a unanimously elected prime minister home.
There are not many tears being shed over Gilani. Looking at his record, many would say that he should have stayed home in the first place. But what is the point of clamouring for democracy if we can’t elect imperfect people – slightly less competent and way more corrupt than our average traffic cop – to lead us?
There are many ways of getting rid of a prime minister (though the old-fashioned way of voting them out has never been tried in Pakistan) but no simple way of telling the country’s highest judge, restored to his job as a result of a popular movement, that he has begun to sound like that dictator who sent him home.
In Pakistan, generals often confuse access to private golf courses with the country’s security. Senior bureaucrats consider it their right to name roads and villages after their grandfathers. Mullahs always fall back on God to justify their greed. Political leaders believe that democracy makes it mandatory to groom sons and daughters to take over their political parties. It’s not surprising that senior judges have started to believe that respect for them is the same thing as respect for the rule of law.
Pakistanis are being forced to choose between Gilani’s right to rule without doing a thing for his people, and a supreme court judge’s right to send him home. And people are refusing to choose. For a few days the country lacked a prime minister and a cabinet. And nobody really missed them.
The alarm being raised by pro-democracy people in Pakistan is that the whole system is about to be derailed. The supreme court’s reckless pursuit of government politicians could pave the way for a caretaker setup that will suit the military establishment.
The military, indeed, sulking after a series of humiliations at home and abroad, is watching from the sidelines. Some would say it’s even gloating at the prospect of civilian institutions cutting each other down to size, traditionally its job.

Pakistan’s ruinous political farce

By M Ilyas Khan

The political pantomime played out in Pakistan over the past few years is degenerating into farce.

On Tuesday, the Supreme Court terminated the career of Prime Minister Yousuf Raza Gilani – disqualifying him from office on the basis of a contempt of court conviction linked to his refusal to reopen corruption cases against President Zardari.

Two days later, a lower court issued a warrant for the arrest of Makhdoom Shahabuddin, a member of Mr Gilani’s party, just hours after he was nominated as his possible successor. Uncanny timing, some might say.

Late on Thursday night Mr Shahabuddin was still closeted with senior colleagues at the president’s house – but whether he will be a free man come morning remains to be seen.

Many in Pakistan see these developments as signs that the skirmishes between the judiciary, the military and the civilian government are now erupting into all-out war.

This is all happening at a time when the country can least afford it – relations with the West are at an all-time low, the economy is heading for disaster and people are battling severe power and fuel shortages.

To compound matters, nuclear-armed Pakistan – which is known to have promoted armed militant groups over the past two decades – has steadily been losing territory to these groups in recent years. That’s a major issue for its neighbours and the wider world.

But instead of dealing with the big problems, Pakistan’s power elite have other fish to fry.

Military role

A major part of the problem lies in the traditional domination of the military in Pakistan, and the fact that the judiciary has supported successive attempts by the generals to cut the politicians down to size.

The civilians have rarely held the reins of power, and when they have, they have always had the military establishment to contend with.

Accusations of corruption are a time-tested tool to beat the civilians with, and corruption cases lodged against them during the country’s 64-year history literally run into the hundreds. Few of those cases have ever been resolved.

But they have been successfully used to bring every single civilian government down well before the end of its constitutional five-year term.

The present administration is the longest-serving civilian government Pakistan has ever had – it is just over six months short of reaching the finish line.

If it does, it will set a new precedent – and this is an unsavoury proposition for the establishment for two reasons.

First, prolonged civilian rule is likely to permanently dent the political influence of the military, and thereby the massive business and real estate empires it has acquired.

Second, while Pakistan’s military and civil bureaucracy are dominated by Punjab province, the country’s largest vote-bank, the ruling Pakistan People’s Party has its roots in the southern province of Sindh, the country’s main source of revenue and home to a distinct linguistic group that detests Punjab’s domination. So while the establishment is generally sceptical of politicians, it has been almost intolerant towards the PPP.

Judicial activism

The military is widely accused by Western powers of playing a double game in Afghanistan and lost credit in the eyes of many Pakistanis when US forces killed Osama Bin Laden in a secret raid on Pakistan’s soil.

But its diminishing ability to openly control Pakistan’s politicians has been more than offset by what some analysts describe as the judiciary’s increased ability to encroach on the administrative sphere.

This has led to a number of fierce battles between state institutions in recent years which are a distraction from the main challenges.

Since 2009, when judges sacked by the Musharraf regime were reinstated by the present government, they have shown an appetite for pursuing long-standing corruption cases against President Zardari.

Mr Zardari spent eight years in jail because of them, without being convicted in a single case.

That led to the Supreme Court’s dogged pursuit of Prime Minister Gilani and his conviction in April.

The Supreme Court also responded with alacrity late last year in investigating a controversial memo which invited the US to help avert a possible coup in Pakistan after Bin Laden’s death.

The “memogate” affair had the potential to drag in President Zardari but has led only to the dismissal of Pakistan’s then ambassador to the US, Husain Haqqani. Top military leaders showed a keen interest in the case and participated in initial hearings, but gradually pulled out when questions were raised over their own political role.

Most recently, the country was stunned to find its bulwark against corruption – Chief Justice Iftikhar Chaudhry himself – implicated in allegations of bribe-taking levelled against his son. They both deny any wrongdoing and an investigation has been ordered.

Continue reading Pakistan’s ruinous political farce

Pakistan courts order arrest of new prime minister nominee

Having already ousted one prime minister this week, Pakistan’s courts on Thursday sabotaged the appointment of a replacement by ordering the arrest of the man nominated to take up the job.

By Rob Crilly, Islamabad

The extraordinary move deepens the sense of political crisis in a country already reeling from an Islamist insurgency, economic woes and crippling power shortages.

Mahkdoom Shahabuddin, who most recently served as Textiles Minister, was due to be voted into office by parliament on Friday, replacing Yousuf Raza Gilani who was disqualified by the Supreme Court earlier this week.

Mr Shahabuddin was selected by President Asif Ali Zardari after two days of talks as the man best able to keep his coalition government alive until elections due early next year.

But no sooner had his name been announced than an arrest warrant was issued for his alleged role in a corruption scandal involving controlled drugs.

Fawad Chaudhry, a senior figure in Mr Zardari’s Pakistan’s People’s Party (PPP), said the arrest warrant was the latest attempt by unelected judges to bring down the government.

“This has been going on for one and a half years,” he said. “If they really believe he is involved why have they waited until today to issue an arrest warrant?”

Party leaders were meeting on Thursday night to select an alternative candidate. Qamar Zaman Kaira and Raja Parvez Ashraf, both former ministers in Mr Gilani’s cabinet, filed nomination papers for the post ahead of Friday’s parliamentary vote.

Pakistan’s civilian government, military and judiciary are locked in a three-way tussle for supremacy.

Continue reading Pakistan courts order arrest of new prime minister nominee

New York Times – Pakistan Court Orders Arrest of Presidential Ally

By DECLAN WALSH

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

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

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

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

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

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

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

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

HRCP terms Gilani’s removal as depressing

LAHORE: The Human Rights Commission of Pakistan (HRCP) has called the disqualification of Yousaf Raza Gilani a sad occasion in a country where democratic traditions have perpetually been denied the nourishment they need to take roots.

Continue reading HRCP terms Gilani’s removal as depressing

Daily Times Editorial : Virtual judicial coup

The Supreme Court’s (SC’s) verdict on the petitions challenging the ruling of the Speaker of the National Assembly (NA) that rejected the argument that Prime Minister (PM) Yousaf Raza Gilani stood disqualified after being convicted and sentenced for contempt of court has pronounced that he does stand disqualified, not only from the premiership, but from membership of parliament as well. Not just that, the SC in its short order has laid down that he cannot stand for election for five years. To that end, the SC has sent instructions to the Election Commission (EC) to issue a notification to that effect. Meantime the PPP’s Central Executive Committee (CEC), which happened to be meeting when the verdict was announced, revealed its decisions on the crisis through a press conference by PPP leaders. The gist of the CEC’s decisions was that despite having reservations about the SC’s verdict, they had accepted the court’s finding that the conviction and sentencing till the rising of the court of Gilani for contempt on April 26 meant that he was no longer the PM, and with retrospective effect, had been removed on and since that date. The PPP has appealed to its workers and supporters to remain calm and restrained, despite the fact that the verdict is bound to inflame opinion in the PPP and allied camp. The CEC has empowered party Co-chairperson President Asif Ali Zardari to take whatever decisions he thinks fit regarding a replacement for Gilani. The intriguing question of course is whether the new PM will suffer the same pressure from the SC to write the letter to the Swiss authorities regarding President Asif Ali Zardari that the court was insisting on Gilani writing, and refusal to comply with which had attracted the contempt conviction for the former PM. In that case, the looming confrontation between state institutions, which began as a confrontation between the judiciary and the executive, could expand to now a confrontation between the judiciary and parliament as well. After all, the SC’s verdict overruling the Speaker of the NA too has set an unprecedented example, one that will reverberate in our jurisprudence for a long time to come. Questions have also been raised whether all the decisions and acts of the former PM since April 26 to date stand. The most important of these acts was the passing of the budget. It is possible that the detailed judgement may throw more light on this matter. Normally, courts are mindful that retrospective judgements should not disrupt things done and transactions closed to an extent that causes greater difficulties.

Continue reading Daily Times Editorial : Virtual judicial coup

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, PakistanThe 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

No, Prime Minister: Pakistan’s Highest Court Plunges Country into Uncertainty

In a controversial ruling, Pakistan’s Supreme Court axed Prime Minister Yousuf Raza Gilani—a verdict that speaks volumes of the enmities and uncertainties haunting the country

By Omar Waraich

For anyone hoping to see a Pakistani civilian government complete a full five-year term without any interruption, this verdict was sorely disappointing. On Tuesday, Pakistan’s Supreme Court ruled that Yousaf Raza Gilani can no longer continue as Prime Minister, raising tensions between the government and the judiciary to their highest point and leaving the country vulnerable to a new phase of political instability.

In its unusually terse ruling, the Supreme Court instructed President Asif Ali Zardari to arrange a successor for Gilani. While there is little prospect of Zardari’s government falling, his ruling Pakistan People’s Party (PPP) has accepted that there is no Prime Minister at the moment, and, therefore, no cabinet. The PPP is currently in crisis talks with its political allies to decide on a new Prime Minister. The challenge for the ruling coalition will be to hold on to its numbers, achieve a consensus on a new premier and survive a vote of confidence expected in the coming days.

Continue reading No, Prime Minister: Pakistan’s Highest Court Plunges Country into Uncertainty

The Wall Street Journal on Islamabad’s Judicial Coup

Islamabad’s Judicial Coup

The Pakistani Supreme Court’s decision Tuesday to dismiss Prime Minister Yousuf Raza Gilani signals the unnatural death of another civilian government. While less dramatic than the military variety, this judicial coup—carried out on the pretext that Mr. Gilani refused to pursue corruption charges against President Asif Ali Zardari—perpetuates the cycle of unelected institutions “rescuing” Pakistanis from their own chosen leaders.

The man responsible for this constitutional crisis is Chief Justice Iftikhar Chaudhry,

Continue reading The Wall Street Journal on Islamabad’s Judicial Coup

Democracy under threat

By: Asma Jahangir

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

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

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

Continue reading Democracy under threat

Questions Surround New Supreme Court Order Disqualifying Prime Minister

The Supreme Court of Pakistan removed the Prime Minister in what is known as a “short order” – essentially a court order lacking a full explanation. These orders often begin, “For reasons to be recorded later…” – a practice that seems the beg for abuse and controversy – and then proceed directly to ordering some specific action on the part of an individual or institution. In this case, though, the specific action was not given until almost two months later – and made retroactive.

On April 26, the Supreme Court issued an order “for the reasons to be recorded later” that found then Prime Minister Yousaf Raza Gillani “guilty of and convicted for contempt of court.” The Supreme Court did not declare the Prime Minister disqualified from office and sentenced him to a symbolic detention of about 30 seconds.

The Supreme Court having chosen not to disqualify the Prime Minister, the issue was then taken up by the Speaker of the National Assembly, Dr. Fehmida Mirza, who ruled that Mr. Gilani was not disqualified. That was last month.

Today, nearly two months after the Supreme Court issued its controversial conviction, a new short order, “for reasons to be recorded later,” was issued by Chief Justice Iftikhar Chaudhry – this time declaring that “Syed Yousaf Raza Gillani has become disqualified from being a Member of the Majlis-e-Shoora (Parliament)…on and from the date and time of pronouncement of the judgement of this Court dated 26.4.2012…”

This raises several very interesting questions. If the Prime Minister was disqualified pursuant to the Supreme Court’s order on April 26, why did they wait until June 19 to say so? Some have suggested that the Supreme Court was giving the Prime Minister the opportunity for appeal, but this is doubtful for a number of reasons: One, the Supreme Court could have declared the Prime Minister disqualified and then stayed the order pending appeal. But more to the point, to whom would the Prime Minister have appealed? The original order was given by a 7 member bench of the Supreme Court – there was no higher authority to appeal to.

Then there is the matter of the ruling by the Speaker of the National Assembly. If the Supreme Court had determined that Mr. Gilani was disqualified as of April 26, why did they allow Dr. Mirza to proceed with deliberations and a ruling on Mr. Gilani’s status as parliamentarian? If the Supreme Court believed that Dr. Mirza did not have the authority as Speaker of the National Assembly to issue such a ruling, why did they not issue an injunction stopping the Speaker from carrying out the act?

While these questions remain unanswered, at least until the Supreme Court delivers more than the two pages made available today, they suggest very troubling possibilities. By allowing Mr. Gilani to continue serving as Prime Minister for months, the Supreme Court has created a policy nightmare for Pakistan. Making the disqualification retroactive to April 26 means that any decisions made by the government since are effectively nullified. Pakistan has, essentially, been operating without a government for over 8 weeks.

Moreover, by allowing the Speaker of the National Assembly to deliberate and issue a ruling without comment, only to nullify that decision weeks later, the Supreme Court has undermined the authority of parliament and created confusion about fundamental issues of separation of powers and constitutional authority. What government official can now carry out their duties without the fear of Supreme Court action if the Chief Justice does not like the outcome.

This gets to what is perhaps the most troubling question of all – would the Supreme have issued this new order had the Speaker of the National Assembly herself disqualified Mr. Gilani? In other words, is Pakistan’s Supreme Court acting pursuant to due process or desired outcomes?

Courtesy: http://americansforpakistan.com/2012/06/19/questions-surround-new-supreme-court-order-disqualifying-prime-minister/

Via – Twitter

Pakistan Supreme Court disqualifies prime minister

By Qasim Nauman

ISLAMABAD: (Reuters) – Pakistan’s increasingly assertive Supreme Court on Tuesday declared Prime Minister Yusuf Raza Gilani ineligible for office, plunging the country into fresh political turmoil during a crisis in relations with the United States.

In April, it found Gilani guilty of contempt of court for refusing to reopen corruption cases against the president.

“Since no appeal was filed (against the April 26 conviction) … therefore Syed Yusuf Raza Gilani stands disqualified as a member of the Majlis-e-Shoora (parliament)…,” said Chief Justice Iftikhar Chaudhry in a packed courtroom.

“He has also ceased to be the prime minister of Pakistan … the office of the prime minister stands vacant.”

But Fawad Chaudhry, a senior Gilani aide, said only parliament could dismiss the prime minister.

While the decision is a big blow to the ruling Pakistan People’s Party (PPP), it is unlikely to lead to the fall of the unpopular government. ….

Read more » Reuters

http://www.reuters.com/article/2012/06/19/us-pakistan-gilani-idUSBRE85I0KS20120619?feedType=RSS&feedName=pakistan&virtualBrandChannel=10165&utm_source=dlvr.it&utm_medium=twitter&dlvrit=59231

Order from chaos

By Farrukh Khan Pitafi

Every wolf’s and lion’s howl

Raises from hell a human soul

— William Blake, “Auguries of Innocence

Every scandal that is brought to limelight brings with it some sign of hope. The Arsalan Iftikhar scandal is no exception. It is true that it raised some serious questions about the need for oversight over the conduct of the judiciary, the media and big businesses. Also true that it has brought our unceasing hypocrisy to the fore. Amazingly, many among those who insist that Arsalan was acting alone, even if he was not actually a victim of a conspiracy, also believe that since Abdul Qadir Gilani, the prime minister’s son, called Mubashar Lucman during a staged interview with Malik Riaz, it proves that the PPP government is involved in a plot to malign the judiciary. But what is good for the goose is also good for the gander, sirs. If you can readily believe that the chief justice’s son kept his father in the dark about his corruption, what is the harm in believing that Abdul Qadir Gilani, too, might have acted alone? …

Read more » The Express Tribune

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Daily Times editorial on CJP’s Strange, ominous, unconstitutional pronouncement on emergency & martial law

EDITORIAL: Strange pronouncement

The Supreme Court (SC) three-member bench hearing the missing persons case in the Quetta Registry headed by Chief Justice (CJ) Iftikhar Mohammad Chaudhry has been scathing in its remarks during the proceedings about the seriousness of the situation in Balochistan and the obvious lack of the federal and provincial government’s seriousness in addressing the issue. The bench has been putting civil servants, junior government officials and police personnel on the mat regarding their failure to produce the missing persons. At the last hearing, the Deputy Attorney General got so much stick from the bench that he tendered his resignation. The CJ quoted former Balochistan advocate general Salauddin Mengal to portray a situation where no Pakistani flag could fly without the protection of the guns of the security forces more than 10 miles from Quetta. In the same vein of castigating the political, administrative and law enforcement leadership at the Centre and in the province, the CJ remarked that if the prime minister was not interested in acting to salvage the situation, the constitution envisaged other means, including the declaration of an emergency. Further, the CJ warned something must be done before another martial law is imposed.

Continue reading Daily Times editorial on CJP’s Strange, ominous, unconstitutional pronouncement on emergency & martial law

Former prime minister of Pakistan, Nawaz Sharif tries to date author Kim Barker by offering her an iPhone

The Language of the news is urdu (Hindhi).

Courtesy: Duniya Tv News » Siasat.pk

Via – Twitter

 

Pakistan’s Kangaroo Court calls itself “Supreme Court,” but in fact is another front for the Mullah-Military complex

Pakistan’s puppet Court – By Shiraz Paracha

The Supreme Court’s controversial detailed verdict against the elected Prime Minister of Pakistan is one more bad decision by a Court that has a dark history of collaboration with the military in depriving the people of Pakistan of their fundamental rights.

The Supreme Court has been transcending its legal boundaries and constitutional role. Its decisions are biased, unfair and politicized. The Court is not a neutral and objective defender of law and judges have been acting as puppets.

The Judiciary is not independent and appears to be playing someone’s game. Indeed the Supreme Court is acting as a proxy for imposing a controlled democracy in Pakistan. It seems that characters such as Imran Khan and Dr. Abdul Qadeer Khan are part of this game. The former ISI chief Lt. General Shuja Pasha was an architect of the latest effort to introduce ‘clean democracy’ in Pakistan. General Pasha was not alone in military’s one more political adventure.

Actually, the military considers itself the sole defender of Pakistan and generals have been trying to shape and control the Pakistani politics. In fact, the military never felt comfortable with parliamentary form of democracy. For this reason every few years new campaigns are launched to ‘clean’ the system.

Dr. Abdul Qadeer Khan’s recent calls for the establishment of a technocrat government and Imran Khan’s Tsunami are reflections of military’s new efforts to bring a setup that ‘suits’ Pakistan. The Judiciary and media are means to complete that agenda. As the Parliament is about to complete its term, Imran Khan is threatening that he would not accept results of the new elections. Dr. Qadeer, dubbed by some as the future president, has joined hands with Imran Khan. The media and the Judiciary are taking cue from some in the military to pressurize the present government. All these actors want to maintain the status quo by imposing a controlled democracy.

Continue reading Pakistan’s Kangaroo Court calls itself “Supreme Court,” but in fact is another front for the Mullah-Military complex

PPP holds big rally in favour of president, PM

LAHORE – Pakistan People’s Party (PPP) leader and Special Adviser to Prime Minister Ch Aslam Gill on Friday said the people wanted peace and democracy instead of long marches.

He was addressing a big PPP rally brought out to express solidarity with President Asif Ali Zardari and Prime Minister Syed Yousuf Raza Gilani here. The rally which was reflective of the spirit of PPP workers during 1970 started from Nasir Bagh and peacefully ended at Data Darbar where Ch Aslam Gill addressed thousands of party workers. There was no considerable presence of the existing office bearers of provincial or Lahore PPP. The enthusiasm and spirit shown by the party workers, thousands of party flags and banners and full-throat slogans chanted by them in favour of President Asif Ali Zardari and Prime Syed Yousuf Raza Gilani revived the emotional scenes of 1970. As a matter of fact, Ch Aslam Gill succeeded in activating the old party workers and mobilising them to work for the cause of the party in such a large number after 23 years. This was what he could do on December 2011 when he held a big public meeting at Benazir Park near his residence in Naseerabad, Gulberg 3, Lahore.

Continue reading PPP holds big rally in favour of president, PM

Peoples’ right in democracy

Comment by: Manzoor Chandio

People have two rights in democracy… 1) forming a government through vote… 2) changing a government through vote… this country [Pakistan] has seen formations of governments through people’s vote, but never ever people have been allowed to exercise their prerogative of changing a government through vote… people’s this right has always been used by the establishment because it is afraid of giving the people power to change a government…they have removed governments through military power, presidential orders, judicial crisis/order, war-like situation… etc etc… establishing people’s power to change governments through vote is must for completing democracy…

Courtesy: Adopted from facebook

The military-backed judges and a section of media and politicians acting against the PPP leadership as instruments of power and negotiation through the decades

A question of accountability

By Raza Rumi

The inevitable has happened. An assertive judiciary has convicted the prime minister even if the punishment was token — awarded for non-compliance of court orders. The prime minister’s counsel, Aitzaz Ahsan, has objected to the judgment saying that the punishment awarded was beyond the scope of his original indictment. There are multiple legal questions surrounding this decision and only the full judgment will clarify matters. However, it is the political ramifications of judicial assertion, which are of import in today’s Pakistan.

The PPP’s victim card — of being wronged by the establishment and the courts — is not entirely unfounded. Yet, this Supreme Court is not the court of the past. The lawyers’ movement (2007-9) allowed for an unprecedented populist backing to the courts and now many vested interests and groups deem the courts a natural ally in their own quest for independence, leverage and profits.

Public officials must be held accountable for their transgressions. This is vital for effective governance as well as for building legitimacy of democratic institutions. In purely technical terms, the Court’s decision is a welcome one. No longer can the executive be allowed to trample on judicial orders. After all, a letter to the Swiss authorities seeking the reopening of a case against President Asif Ali Zardari may have averted the crisis. Presidential immunity in the international and domestic laws is a given. However, in hindsight, this was a great opportunity for the PPP to underscore the fact that it is always the victim of selective accountability.

The cases against President Zardari and twice-elected Prime Minister Benazir Bhutto were registered by their political opponents, i.e., military-backed arbitrary presidents; and the main opposition party, which till 1999 was on the right side of the establishment. This context cannot be divorced from the legal aspects of the case. That said, at the end of the day the courts decide on issues of law and fact. The truth is that the Pakistani state has used cases against the PPP leadership as instruments of power and negotiation through the decades. This is why the perception within the PPP support base especially in Sindh (and now southern Punjab) is that the court’s verdict is not a ‘fair’ one given that other political parties and state institutions have gotten away with far worse.

As for the Supreme Court, it has done its job according to its interpretation of the Constitution and law. That, however, will not prevent the PPP from using the conviction to ramp up its support, especially with the next election around the corner.

Moving on, the role of some TV channels and anchors in acting as lawyers, judges and prosecutors has been most worrying. Legal issues require informed debate and political commentary requires objectivity. Both were missing before and after the Supreme Court verdict. This brings us to the vital issue of accountability of the new players in the power game.

The higher courts are accountable via the Supreme Judicial Council. The latter’s record has not been encouraging, as far as holding members of the superior judiciary accountable is concerned. Similarly, the media — or large segments of it — acts as if it is not accountable to any authority.

Continue reading The military-backed judges and a section of media and politicians acting against the PPP leadership as instruments of power and negotiation through the decades

The origins of political Order

By Francis Fukuyama

….Once humans considered surrendering their nomadic way of life to create states will solve their problems…they lost many rights for the sake of state…but the formation of states without a political order gave birth to tyrant ruling classes…now it has been proved that political order without the concepts of accountability and the rule of law has no meaning.

Francis Fukuyama in his new book ‘THE ORIGINS OF POLITICAL ORDER’ (Dawn B&A) says “every society needs a balance between ‘power grabbing centralising forces’ and ‘rights disseminating decentralising forces’ to establish political order otherwise anarchy and chaos prevails…

this is very well relevant to today’s Pakistan situation…there’s need to strike a balance between the power-hungry military which has ruled this country for more than 30 years and indirectly controls foreign and security policies even today and the weak political class…this country can come on the right track only by establishing a judicious political order which should be democratic and egalitarian in nature

Source – adapted from facebook wall

Pakistani Hindus seek safety in India

KARACHI: Preetam Das is a good doctor with a hospital job and a thriving private clinic, yet all he thinks about is leaving Pakistan, terrified about a rise in killings and kidnappings targeting Hindus.

A successful professional, he lives in mega city Karachi with his wife and two children, but comes from Kashmore, a district in the north of Pakistan’s southern province of Sindh.

His family has lived there for centuries and in 1947 when the sub-continent split between India, a majority Hindu state, and Pakistan, a homeland for Muslims, Das’ grandparents chose to stay with the Muslims.

They fervently believed the promise of Pakistan’s founder Muhammad Ali Jinnah that religious minorities would be protected. Sixty years later, their grandson says life in Kashmore has become unbearable. “The situation is getting worse every day,” he says.

Two of his uncles have been kidnapped and affluent Hindus are at particular risk from abduction gangs looking for ransom, he says.

Rights activists say the climate is indicative of progressive Islamisation over the last 30 years that has fuelled an increasing lack of tolerance to religious minorities, too often considered second class citizens.

Das says the only thing keeping him in Pakistan is his mother. “She has flatly refused to migrate, which hinders my plans. I can’t go without her,” he said.

Hindus make up 2.5 per cent of the 174 million people living in the nuclear-armed Muslim nation. Over 90 per cent live in Sindh, where they are generally wealthy and enterprising, making them easy prey for criminal gangs.

An official at the ministry of external affairs in New Delhi who declined to be named said: “Every month about eight to 10 Hindu families migrate from Pakistan. Most of them are well-off.”

He had no comment on whether the number was on the rise, but Hindu community groups in Pakistan say more people are leaving because of kidnappings, killings and even forced conversions of girls to Islam.

“Two of my brothers have migrated to India and an uncle to the UAE,” said Jay Ram, a farmer in Sindh’s northern district of Ghotki.

“It’s becoming too difficult to live here. Sindhis are the most tolerant community in the country vis-a-vis religious harmony, but deteriorating law and order is forcing them to move unwillingly,” he added.

Continue reading Pakistani Hindus seek safety in India

Mother of all scams? Will justice be done by the Supreme court that called itself “Aazad Adliya”!?

Mother of all cases?

A testimony of the slim, short, veteran businessman-cum-banker, Yunus Habib, may come in handy when the Supreme Court starts hearing the almost decade-old petition of Air Marshal Asghar Khan on Feb 29, 2012. Habib hit the headlines in the 1990s for his key role in the release of Rs14 million (or maybe more) from his own Mehran Bank to defeat the Benazir Bhutto’s PPP in the next elections.

The affidavit submitted by the then ISI chief, Lt. Gen. Asad Durrani, is the first ever confession by any official of Pakistan’s premier intelligence agency of the role it played in pre-poll rigging and its direct involvement in political matters. But there is much more to it and all facts must come to the surface.

Though there was an unusual delay in the case being taken up for hearing, one hopes it will proceed as fast as other petitions like the ones dealing with NRO, NICL, the infamous Memo Case or the Haj scam.

Continue reading Mother of all scams? Will justice be done by the Supreme court that called itself “Aazad Adliya”!?