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.
PESHAWAR: The number two commander in Pakistan’s nebulous, umbrella Taliban movement has been sacked as deputy chief but will remain within the organisation, a spokesman said Monday.
Maulvi Faqir Mohammad is the Taliban’s commander in Bajaur, one of Pakistan’s seven districts in the tribal belt on the Afghan border and one that has seen a recent lull in fighting between the Taliban and Pakistani soldiers.
He was sacked on Sunday at a meeting presided over by Tehreek-e-Taliban Pakistan (TTP) chief Hakimullah Mehsud at a secret location in Pakistan’s northwestern tribal belt, spokesman Ehsanullah Ehsan told AFP by telephone.
“A shura (council) meeting was held on Sunday and it decided to remove Maulvi Faqir Mohammad from the position of deputy chief of TTP,” he said, adding that Mohammad would continue to serve the group as an ordinary member.
Ehsan gave no reason for the removal. Neither was a successor announced.
The TTP is a loose confederation of militant commanders founded and run by Baitullah Mehsud until his death in a US drone strike in August 2009. His killing sparked a bitter succession battle won by Hakimullah Mehsud.
A source close to the Taliban told AFP on condition of anonymity that the Bajaur commander fell out of favour with Mehsud over his alleged support for peace talks with the Pakistani government.
Mohammad also had sympathies with Mehsud’s biggest rival within the TTP, Wali-ur Rehman, the source added.
Northwestern Pakistan, particularly the main city of Peshawar, has seen a recent increase in suicide and gun attacks blamed on Taliban.
Mullah Omar, the supreme leader of the Afghan Taliban, reportedly asked his Pakistani counterparts to stop attacks within Pakistan, considered vital in any peace process in Afghanistan.
The only TTP commander who refused to comply was Mehsud, an Afghan Taliban member recently told AFP. Young and impetuous, the TTP leader has reputedly said there will be no end to attacks until Washington stops drone strikes.
By Nasim Zehra
….. The prime minister is within his constitutional authority to remove the two chiefs, and therefore under what law would the Chief Justice of Pakistan interfere in the prime minister’s authority and ask for a no-removal guarantee by the latter? Giving such a guarantee would clearly restrict the constitutional powers given to the elected prime minister. Was the CJP overstepping his constitutional mandate? The CJP can re-interpret or use his own discretion, but not without undermining the Constitution.
Such an action by the CJP could set a dangerous precedent and could undermine the recent thawing of government-army tensions. The Chief Justice of Pakistan is humbly advised to re-trace his missteps on this matter. Meanwhile, the government would be ill-advised to give in writing that it will not remove the army and the ISI chiefs.
Courtesy: The Express Tribune, January 25th, 2012.
By Nasir Iqbal
ISLAMABAD: The Supreme Court asked the government on Friday to submit a written assurance on a petition filed in anticipation of a perceived move to sack Army Chief Gen Ashfaq Pervez Kayani and ISI Director General Lt-Gen Ahmad Shuja Pasha against the backdrop of the ‘memogate’ fiasco.
The order was issued by a three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry when Attorney General Maulvi Anwarul Haq rubbished the claim and said the government had no plans to remove the two top military officers.
The bench adjourned for two weeks the hearing on the petition filed by Advocate F.K. Butt.
The petitioner requested the court to issue a restraining order and stop the government from taking any step to remove or retire the two officers till the pendency of the case. The army chief will retire on Nov 29, 2013, while the ISI chief will complete his extended term on March 19 this year. ….
Read more » DAWN.COM
By A.R. Yusuf
Our memories are short but not that short particularly with respect to Justice Iftikhar Muhammad Chaudhry:
Oath on PCO 1999
1. In January 2000, Justice Iftikhar Chaudhry, then a serving judge on the Balochistan High Court (BHC), was one of the first judges to take the oath on the Provisional Constitutional Order (PCO) of the military dictator General Musharraf in violation of Pakistan’s constitution. This allowed him to be elevated to the Supreme Court to fill one of the vacancies left by the 11 judges who had resigned in protest at taking this oath.
Validation of the military coup
2. On May 13, 2000, Justice Iftikhar Chaudhry was one of the 12 Supreme Court judges who validated the military coup of Gen Pervez Musharraf. They ruled that the removal of the elected government of Nawaz Sharif was legal on the basis of the ‘doctrine of necessity’.
Forced resignation of President Tarar
3. In June 2001, Justice Iftikhar Chaudhry was one of two judges who visited the President House to convince the then President Rafiq Tarrar to resign, and make way for Gen Pervez Musharraf to assume that office.
Validation of Musharraf Military Rule
4. On April 13, 2005 in the ‘Judgment on 17th Amendment and President’s Uniform Case’, Justice Iftikhar Chaudhry was one of five Supreme Court judges who dismissed all petitions challenging President Musharraf’s constitutional amendments.
In a wide ranging judgment they declared that the Legal Framework Order (LFO) instituted by General Musharraf after his suspension of the Constitution, the 17th Amendment which gave this constitutional backing, and the two offices bill which allowed Musharraf to retain his military uniform whilst being President were all legal.
Further brilliant achievements
Nepotism: Son’s Admission In FIA
Ansar Abbasi brought forth allegations against Chief Justice Iftikhar Choudhray for gross misconduct in 2002, accusing him for admitting his Son Dr. Arsalan to FIA undermining all merits. For details, see this post on ATP
Selective judgement on PCO judges
Constitution Petition Regarding PCO Judges:
The decision of the court in CONSTITUTION PETITION NO. 08 and 09 OF 2009 from 14 member bench headed by Iftikhar Muhammad Chaudhry, summarily removed all justices of higher judiciary who were not part of it as on November 2, 2007. There removal was so ordered on ground that advice of de-jure Chief Justice of Supreme Pakistan was not obtained in these cases. In the same decision the court had held the de-jure Chief Justice between the period of November 3, 2007 and March 22, 2009 was Justice Chaudhry.
There were three groups of these removed justices.
Those who were elevated to higher courts and initially took oath on PCO.
Those who were elevated to higher courts after restoration of constitution, and were appointed by General Pervez Musharraf.
Those who were elevated to higher courts after restoration of constitution, and were appointed by Asif Ali Zardari.
This decision have resulted in situation where:
Newly appointed justices who never took any sort of oath on any PCO have been removed.
Sitting justices who took oath on PCO 2007 are still acting as justices, though their cases are to be sent to Supreme Judicial Council.
Sitting justices who accepted reappointed and took oath from Justice Dogar as still acting as justices of court with no action.
Justices who took oath on PCO of 1999 are still functioning as justices of higher judiciary.
(ISLAMABAD – December 19) The Central Chairman of the Communist Party of Pakistan (CPP), Engineer Jameel Ahmad Malik as a citizen has today prayed the Supreme Court (SC) on the ongoing controversy of memo gate scandal for immediate removal of Lt. General Pasha from the post of Director General, Inter-Services Intelligence (ISI).
He filed the Constitutional Petition under the Articles 184(3) and 244 of the Constitution. He stressed that after memogate scandal, Lt. General Pasha is not now eligible to remain on the post of DG (ISI) under Article 244 of the Constitution.
For interim relief, Engineer Jameel prayed the Supreme Court for immediate direction to Federation for suspension of Gen. Pasha from DG (ISI) till the disposal of this petition. ….
Read more » Aboriginal Humanity
By AZHAR MASOOD, ARAB NEWS
ISLAMABAD: Powerful Interior Minister Rehman Malik is likely to get the boot, well placed sources told the Arab News here Wednesday.
Malik will be eased out of the federal Cabinet after he was alleged to have worked discreetly against Pakistan’s interests.
He has been accused by former Home Minister of Sindh from ruling Pakistan People’s Party, of “working on an agenda that leads to Pakistan’s dismemberment”.
Malik is involved in several graft cases and is out on bail to discharge his duties.
According to the sources, “President Asif Ali Zardari has decided in principle to get rid of Rehman Malik as he has become a political baggage after serious allegations levelled against him by a senior party leader Zulfikar Mirza.”
They were of the view that absence of Interior Minister in the crucial late night meeting chaired by Zardari was a clear indication that he would be relieved of his job. ….
Read more → ARAB NEWS
via → Siasat.pk
By Zeeshan Haider
Islamabad : (Reuters) – Pakistan could pull back troops fighting Islamist militants near the Afghan border if the United States cuts off aid, the defense minister said on Tuesday in an interview with Pakistani media.
The United States Monday said it would hold back $800 million — a third of nearly $2 billion in security aid to Pakistan — in a show of displeasure over Pakistan’s removal of U.S. military trainers, limits on visas for U.S. personnel and other bilateral irritants.
“If at all things become difficult, we will just get all our forces back,” Defense Minister Ahmed Mukhtar said in an interview with the Express 24/7 television to be aired later on Tuesday.
The television aired excerpts of the interview Tuesday.
“If Americans refuse to give us money, then okay,” he said. “I think the next step is that the government or the armed forces will be moving from the border areas. We cannot afford to keep military out in the mountains for such a long period.”
In Pakistan, the defense minister is relatively powerless. Real defense and military policy is made by the powerful Chief of Army Staff, General Ashfaq Kayani, and the head of the Directorate of Inter-Services Intelligence, Lieutenant-General Ahmed Shuja Pasha.
Monday, the military said it could do without U.S. assistance by depending on its own resources or turning to “all-weather friend” China.
Mukhtar later told Reuters Pakistan wanted the money spent on the maintenance of the army in the tribal areas. “This is what we are demanding,” he said. “It is our own money.” ….
Read more → REUTERS
By LAURA KASINOF and DAVID E. SANGER
SANA, Yemen — The United States, which long supported Yemen’s president, even in the face of recent widespread protests, has now quietly shifted positions and has concluded that he is unlikely to bring about the required reforms and must be eased out of office, according to American and Yemeni officials. …
Read more : The New York Times
– SC takes notice of Sindh strike
ISLAMABAD: The Supreme Court has taken a strict notice of the strike observed in Karachi and parts of Sindh on Friday.
The apex court has asked the provincial chief secretary and other officials of the provincial administration for reports of action taken against the instigators of the protest, source told Dawn on Saturday.
The Pakistan People’s Party had called for a day of protest in Sindh on Friday against the removal of National Accountability chairman Syed Deedar Hussain Shah on the orders of the Supreme Court.