Tag Archives: outcomes

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

International Mother Language Day 21 February

By

It seems the founding fathers of Pakistan never really imagined a place for a Bengali speaking, large Hindu minority province. This is because the TNT demanded a full divorce from all that was Hindu. Such was the force of the ideology, there was even an effort to make Bengali arabicized and de-sanskritized!!

Bengali muslims were at the forefront of the partition movement but giving up Bengali was a bridge too far for them.

In the course of the Pakistani government’s occupation of Bangladesh (is there a better word though there were benighted efforts to improve “East Pakistan” it seemed an occupation stroke colonisation) to “Arabify” & “DeSanskritise” Bangla or Bengali (I don’t know which is appropriate to refer to in the English language I prefer using Persian over Farsi, Gypsy over Romany, Eskimo over can’t remember what oh yes Inuit, etc etc) it inadvertently sparked off a global movement to preserve “mother languages” (the usage of the word mother language reminds of me of the elegant song ….

Read more » Brown Pundits

The army narrative: fiction

by Dr Manzur Ejaz

The fallacious super-religious-patriotic narrative has been created by the army to preserve its superiority in the Pakistani state for perks that are not available to any other armed forces in the whole wide world.

Once again it has been proved that no one can beat Pakistan’s army in turning a military defeat into a propaganda conquest for the people of Pakistan. After the 1965 debacle and 1971 surrender in East Bengal, the Pakistan Army has concentrated less on defending Pakistan and more on refining and perfecting the Machiavellian politics and techniques of propaganda to confuse and mislead the unsuspecting masses of the country.

The US’s Abbottabad operation was a colossal failure of the Pakistan Army because first it did not know if Osama bin Laden was living next door to an elite military academy — if one accepts their claim — and then who took his dead body away unless President Obama called President Zardari. Instead of explaining its incompetence on both accounts, the military took the propaganda offensive while seeking refuge behind the civilian leaders just like the 1971 defeat and Kargil disaster. Not only that, the army chided the poor elected politicians through General Shuja Pasha, Director General (DG) Inter-Services Intelligence (ISI). Parliament was forced to pass an army-pleasing resolution, which had no mention of terrorism eating up the country.

The Pakistan Army, with the help of gravely uniformed and corporate media, has created a narrative for all ills in Pakistan as a consequence of the US intervention in Afghanistan. The narrative claims that the US is forcing the country to fight its war on terror while Pakistan is offering huge sacrifices for nothing. The entire narrative is constructed to provide political cover to the army’s misplaced policy goals as well as to the Taliban, al Qaeda and jihadi groups. The fact is that Pakistan has neither helped the US’s war on terror nor has it done anything more than inflicting wounds to its own body that it categorises as ‘sacrifices’. The narrative is based on fallacies that need to be examined closely.

First, Pakistan has not been dragged into the war on terror by the US only. Pakistan had become a nursery of terrorists that led to international bombings, including the dramatic incidents of 9/11, which dragged the US into the war on terror. Of course, the US was the main producer of Islamic jihadis with Pakistani collaboration, but the seeds of Islamic extremism had been put in place by General Ziaul Haq much before the American participation. As a matter of fact, seeds of religious intolerance and extremism were sown in the early 1950s by passing ‘Qarardaad-e-Maqaasid’ (the Objectives Resolution).

Second, suicide bombings in Pakistan are not only due to Pakistan’s so-called cooperation with the US. Al Qaeda, the Taliban and other jihadis had no need to use violence in Pakistan because the state was not only accommodating them but was helping them to conquer Afghanistan by all means. The religious extremist forces were going to use violent means the day the Pakistani state stood in their way. The incident of the Red Mosque is cited as a trigger for the suicide attacks and that proves the point that armed Islamist forces were going to hit Pakistan if the state put any hurdle in their way. The process was accelerated because, under US pressure, it became difficult for the Pakistani state to accommodate the religious terrorists and hence suicide bombings were unleashed on Pakistan.

Third, Pakistan has not done more to stop religious terrorism than other countries because its doings are just partial remedies for its self-inflicted wounds. According to this part of the narrative, Pakistan has done more by catching and handing over more religious terrorists to the world community than any other country. But, why were all such terrorists found in Pakistan and not in any other country in the first place? Should other countries produce more religious terrorists and then hand them over to the US to compete with Pakistan? Naturally, more terrorists will be nabbed in a country where they are found. Therefore, this part of the establishment narrative is absolutely ridiculous.

Four, Pakistan will not become a safer place if it cuts its ties with the US. However, Pakistan can become a dreadfully silent place if Islamisation and Talibanisation is given a free hand to turn it into a primitive theocratic state. If the state or the other sections of society resist Islamisation in the country, violence will accelerate, destroying every institution of the state even after Pakistan distances itself from the US. Therefore, the US or no US, religious extremism is a reality in Pakistan and has to be recognised as such.

Continue reading The army narrative: fiction

The Egypt Crisis in a Global Context

…. When we look at the political dynamic of Egypt, and try to imagine its connection to the international system, we can see that there are several scenarios under which certain political outcomes would have profound effects on the way the world works. That should not be surprising. When Egypt was a pro-Soviet Nasserite state, the world was a very different place than it had been before Nasser. When Sadat changed his foreign policy the world changed with it. If the Sadat foreign policy changes, the world changes again. Egypt is one of those countries whose internal politics matter to more than its own citizens.

To read full report : Stratfor