Tag Archives: Rules

CJ Iftikhar Chaudhry should be asked to appear before Parliamentary Committee on Rules of Procedure and Privileges

In the light of recent commentaries by leading Pakistani and international lawyers including but not limited to Asma Jahangir, Justice Markandey Katju [Listen Justice Markandey’s interview at BBC urdu] (Indian Supreme Court), Saroop Ijaz etc, it is evident that Supreme Court of Pakistan has violated not only national constitution but also attacked the very foundation of parliamentary democracy in Pakistan.

Former Indian Supreme Court judge Justice Markandey Katju, writing in The Hindu recently, questioned what he said was the “lack of restraint” on the part of Pakistan’s superior judiciary. Justice Katdue wrote: “In fact, the court and its Chief Justice have been playing to the galleries for long. This has clearly gone overboard and flouted all canons of constitutional jurisprudence”. He said that Article 248, Clause 2 of the Pakistani Constitution very clearly states: “No criminal proceedings whatsoever shall be instituted or continued against the President or governor in any court during his (or her) terms of office”. He then went on to ask that if this is the case, how could a court approach what is a settled provision in the “garb of interpretation”?

The Pakistan Constitution draws its basic structure from Anglo-Saxon laws, which establishes a delicate balance of power among the three organs of the state — the legislature, the executive and the judiciary. However, in recent past, particularly since April 2012, Pakistan’s top judiciary led by Chief Justice Iftikhar Chaudhry has encroached into the elected parliament’s domain. This situation is not only a violation of Pakistan’s constitution but violates privilege of the elected parliament.

In his desire to become a saviour and hero of Pakistan, CJ Chaudhry has become a tool in the hands of politicians and media, and is through his actions and verdicts hurting Pakistan’s very security and stability.

Lawyer Saroop Ijaz writes:

Continue reading CJ Iftikhar Chaudhry should be asked to appear before Parliamentary Committee on Rules of Procedure and Privileges

General Kayani has also begun getting upset with TV talk shows – Pak generals (holy cows) love to be above the public scrutiny. They have things, they want to push under the rug.

Kayani takes exception to public discussion on agencies

ISLAMABAD – Tacitly registering his concern over the debate in the media on the role of the army and the Inter-Services Intelligence (ISI), Chief of Army Staff (COAS) General Ashfaq Kayani on Wednesday said “the national institutions should not be undermined”.

Continue reading General Kayani has also begun getting upset with TV talk shows – Pak generals (holy cows) love to be above the public scrutiny. They have things, they want to push under the rug.

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”!?

General Kayani’s extension as army chief: A bad decision – by Abdul Nishapuri

Pakistan’s Prime Minister Yusuf Raza Gilani today (22 July 2010) extended the term of the country’s army chief General Ashfaq Kayani for three more years in a move to ensure continuity in the fight against extremist  militancy by the Taliban and Sipah-e-Sahaba.

“I have decided to extend tenure of army chief General Ashfaq Kayani for three years in consultations with President Asif Ali Zardari,” Gilani said in a brief televised address to the nation. He said the decision has been taken after relaxing the rules and keeping in view the active role played by Kayani in the war against terror.

The extension period will start from November 29. Kayani assumed command of the Pakistan army in November 2007 after his predecessor Pervez Musharraf relinquished command amid international pressure to end his eight years of military rule.

Effectively this means that after the apparent 8 years of General Musharraf’s military rule, Pakistan is currently (at the backstage) led by his successor, General Kayani, for at least six years.

There are some obvious concerns about this extension:

1. General Kayani is a proponent of the good Taliban theory. In other words, he is in favour of maintaining, protecting and supporting extremist networks of jihadi and sectarian groups, in particular the Haqqani group, the Quetta Shura, the Lashkar-e-Taiba and the Sipah-e-Sahaba. One must not ignore the fact that Kayani led the ISI from 2004 to 2007, exactly the period when the Taliban staged their comeback in Afghanistan, allegedly with the agency’s support. Now Kayani is leading the Pakistan military’s efforts to cement a new regime in Kabul that is pro-Pakistan, which means including representatives of the (good) Taliban. (Source)

2. General Kayani personally made sure that a high power joint investigation into Benazir Bhutto’s murder in the light of the UN Commission Report remains ineffectual and inconclusive. He unduly used his powers to impede investigation of high ranking army officers involved in Benazir Bhutto’s murder.

3. General Kayani used his influence to restore a corrupt judge (Iftikhar Chaudhry) as Chief Justice of Pakistan’s apex court in order to gain cheap popularity and after taking an assurance that Justice Chaudhry will desist from taking further judicial action against the ISI (in the case of disappeared persons). (This is despite the fact that Kayani was present at the infamous March 2007 meeting that took place between Musharraf and Chief Justice Iftikhar Muhammad Chaudhry, when the former military ruler informed the strong-willed top judge that he was suspended.)

4. General Kayani broke the rules and norms of parliamentary democracy by issuing a press release (after a corps commanders conference) forcing Pakistani generals’ terms and dictates on Pakistan’s civilian government’s negotiation with the USA on the Kerry-Lugar Bill. (It is the same army chief who slapped PM Gilani around when Gilani promised General Pasha would visit Mumbai after 26/11. It is the same army chief who sent President Zardari through the wringer for daring to put the ISI under civilian rule.)

5. General Kayani’s extension is also unfair from Pakistan Army’s organizational hierarchy perspective. Even though he might have done his job relatively well (compared to his predecessor General Musharraf), it is important to take into account that he is not pushed beyond retirement age as other Generals are waiting in line too, and their promotions are affected by such moves. (Source)

6. In Kamran Shafi’s words: Why should Kayani himself accept an extension even if it is handed to him on a silver platter? The Pakistan Army, we are told ad nauseam, is one of the best fighting forces in the world, commanded by some of the finest strategists in the universe. Is there no one who can replace Kayani then, when his tenure is over and he goes home like many generals before him, even some graceful Pakistani generals? More importantly, our generals should see how Indian army chiefs quietly go home every three years, handing over command to their replacements.

7. It may be noted that only a few months ago, in March 2010, General Kayani decided to extend the tenure of the Inter Services Intelligence (ISI) chief Lt.Gen. Ahmad Shuja Pasha, a decision which according to an editorial in daily Dawn indicated that the Pakistan Army is acting as a “law unto itself”. The editorial in The Dawn questioned General Kayani’s move to grant a one-year extension in service to Shuja bypassing all necessary guidelines. It also rejected explanations that the country’s security situation demanded ‘continuity’ in the highest office of the ISI, while pointing out that there has been no talk of ‘exemptions’ and ’special considerations’ for top US or British military offices in Afghanistan, where the situation is far more hostile than Pakistan. “Technically, the ISI chief, supposedly selected by the Prime Minister, can be a civilian but the army has traditionally not allowed anyone from outside the service to occupy that office,” the editorial said. (Source)

8. Kamran Shaif identifies a number of reasons why General Kayani must not be given (or himself must not accept) an extension:

Continue reading General Kayani’s extension as army chief: A bad decision – by Abdul Nishapuri

Hahahahha Dewany ka khwab: When he will come into power they will inform him about the rules he has to follow!

Army, ISI will be under me if I’m the PM: Imran Khan

Courtesy » IBN Live » CNN » YouTube

Pakistan’s Faustian Parliament – by Wajid Ali Syed

It was embarrassing enough for the people of Pakistan to find out that Osama bin Laden was living in their midst for years. Even more shameful was the realization that their politicians are incapable of questioning the security apparatus of the country. The masses rallied and protested and faced hardships for months to kick General Pervez Musharraf out of power. They voted the Pakistan People’s Party, the most widely-based and allegedly liberal party to power, believing that democracy has been restored.

Though the leader of the government, President Asif Ali Zardari has been blamed for everything going wrong in the country and is regarded as a corrupt individual, until now there has been a perceived upside that Pakistan is being led by an elected government and not a military dictatorship.

This illusion of so-called civilian supremacy silently burst like a bubble when the head of the ISI, General Ahmad Shuja Pasha, and the Chief of Army Staff Ashfaq Parvez Kiyani were called before the parliament to answer for their incompetence related to the May 2 raid on Osama bin Laden’s compound. The agenda was to inquire about the U.S. attack and why the state security apparatus was unaware of Osama bin Laden’s presence.

But what happened during the closed door meeting revealed once again that the real power in Pakistan still lies with the army and the ISI, not the politicians.

It had been suggested that heads would roll, the foreign aid and the big chunk of national budget that the army receives would be scrutinized. The parliamentarians dropped the ball again and lost another opportunity to exert their authority over other institutions of the state. Once again it became clear who really runs Pakistan.

The last time a civilian government had an opportunity to put the army in its place was in 1971, following the Pakistan army’s defeat in the war that led to the loss of East Pakistan, which became Bangladesh. Zulfikar Ali Bhutto, Pakistan’s then-president and founder of the Pakistan People’s Party, got off to a promising start by placing former dictator General Yahya Khan under house arrest. He re-organized the Pakistan Armed Forces and boosted the military’s morale. But Bhutto also restored their hubris. Years later, his own appointed Army Chief, General Zia ul-Haq, would overthrow Bhutto’s government and send him to the gallows.

During Zia’s 11 year rule, the Russians invaded Afghanistan and withdrew. The army grew so strong that even after Zia’s death in a plane crash, the new chief of the military did not allow the democratically elected Prime Minister, Benazir Bhutto, to tour the country’s nuclear facility. She was labelled anti-Pakistan and an American agent.

It is ironic to witness that the opposition party, the Pakistan Muslim League (Nawaz), which was created with the support of the army to counter the PPP’s popularity, is now asking the tough questions about covert operations and the finances of the military.

By snatching defeat from the jaws of victory, Pakistan’s ruling party, Bhutto’s PPP, is losing its chance to demonstrate leadership and moral authority. They failed to hold the army accountable for the thousands of civilians and security officers killed in the war on terror in Pakistan. They did not press the chief of the generously-funded army to explain how OBL could have lived in a military garrison town for six years.

These are the same parliamentarians who extended General Kiyani’s tenure. The same parliamentarians who extended ISI Chief General Pasha’s tenure. The boastful parliamentarians who had promised to leave no stone unturned roared like lions for the cameras but behaved like lambs behind closed doors.

It was reported that opposition leader Chaudhry Nisar tried to deliver a speech during the question and answer session, only to be snubbed by General Pasha in front of a full house. Pasha claimed that he ‘knew’ why he was being targeted by the opposition leader, alleging that Nisar had asked him for a personal favor, which he, as DG ISI, refused to extend. An embarrassed Chaudhry Nisar was said to have been taken aback as Pasha continued with his ‘counter-attack’.

Then the tail furiously wagged the dog. General Pasha reportedly offered to resign. Rather than demanding that the ISI chief step down immediately, apparently the parliamentarians did not accept his resignation.

The state run television channel could have returned to its heyday of running prime time programming that kept the country glued to their sets by recording that “closed door” meeting to broadcast later as a drama — or farce.

Some idealistic Pakistanis hoped that the U.S. would finally question the secretly played “double game.” After all, the U.S. supported extensions of Kiyani’s and Pasha’s tenures, claiming that keeping the chiefs in their positions would help to continue the war on terror in an orderly fashion. The U.S. abandoned the people of Pakistan by siding with the army once again, pledging support and failing to attach any strings or conditions to the military aid it provides.

Cowed by Kiyani’s and Pasha’s brazen displays, Pakistan’s parliament passed a resolution that drone attacks should be stopped and that the operations like the one carried out on May 2nd won’t be tolerated in future.

The parliament has an obligation to explain to the public not only how and why Osama bin Laden was living in Abbottabad, but why the Taliban continues to carry out its bloody operations, and why al Qaeda leaders have been given safe haven. The risk of allowing these questions to remain unanswered is that the military will gain more strength over the civilian government.

The parliamentarians who are supposed to represent the people of Pakistan abrogated their responsibility for the sake of staying in office for few more months, while at the same time making it clear who the country’s rulers truly are.

Courtesy: Wichaar

Davis started weeping after he was released from jail and seemed to be in a state of trauma

Davis weeps after release, say reports

LAHORE: Raymond Davis was immediately taken to the US consulate after being released by a Pakistan court on Wednesday, DawnNews reported.

The CIA contractor who shot and killed two Pakistani men was freed from prison after the United States paid ”blood money” to the victims’ families, Pakistani officials said.

Sources in American Embassy told DawnNews that the US was in contact with all the stake holders and it followed rules and regulations for Davis’s release.

Davis started weeping after he was released from jail and seemed to be in a state of trauma, said sources.

He was also given medicines along with counseling and therapy sessions that were carried out in the consulate by the American doctors.

Davis afterwards left for the US because he wanted to reunite with his family and not stay in Pakistan any longer, said sources.

Courtesy: DAWN

The Perfect Government

Written by: Daniel Greenfield

Mankind has been searching for the perfect government, longer than it has been searching for the ability to transmute lead into gold. But while transmutation can turn lead into gold, no amount of energy in the world can make a government perfect. The atomic structures of every metal are a known quantity, but human beings are not. And never can be.

The Heisenberg Uncertainty Principle applies not just to electrons, but even more so to the paired entanglement of government and the governed. No system that rules over men can ever work perfectly. Nor was it ever meant to. But that hasn’t stopped progressive ideologies and philosophies from trying over and over again in age after age. Their goal is to create a perfect government that can then turn out perfect men. …

Read more : Eurasiareview

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

Ex-MI chief, commanders Quetta, Pindi involved

By Ansar Abbasi

ISLAMABAD: While Musharraf continues to embarrass Pakistan and its authorities, including the Pakistan Army, an important source has revealed that the General Headquarters (GHQ) and its most vital arm, the Military Operations Directorate, was bypassed by the former dictator, both in the Lal Masjid operation and Bugti killing.

The source said that none of these extremely controversial operations, which sowed the seeds of terrorism in Balochistan and the rest of the country, were the brainchild of the MO Directorate.

The source said that in both these military operations, the GHQ and concerned field command were not directly involved. “In both the cases, General Musharraf bypassed the GHQ and its MO Directorate, and gave direct orders to the relevant field commanders,” said the well-placed and well- informed source.

Ideally and as per the military’s established rules, no such operation could take place without being conceptualised and cleared by the MO Directorate. However, Musharraf, the all powerful dictator that he was, did not engage the MO Directorate.

In the case of Nawab Akbar Khan Bugti’s killing, the source said, General Musharraf involved the then Military Intelligence chief Major General Nadeem Ejaz and the top command of 12 Corps.

In a briefing on Balochistan issue by the then DGMO and much before the killing of the Baloch Nawab, General Musharraf once talked about the idea of killing Bugti but the idea was not agreed to by the DGMO, who warned that it would lead to unrest. Later, Musharraf never engaged the GHQ and executed his plot to kill Bugti through the MI and the Commander of the 12 Corps.

After the Bugti killing, some key generals in the GHQ in their in-house interactions expressed their dismay over the Kohlu military operation. The Lal Masjid operation, which killed over a hundred persons and led to the escalation of terrorism cases manifold, was no different from that of the military operation aimed at killing Bugti.

The source said that the planning of the Lal Masjid operation was done by Commander 10 Corps Tariq Majid on the direct instructions of the ousted dictator.

“The GHQ and its MO Directorate were not involved in any such planning,” the source said, adding that a day after Lieutenant Colonel Haroon became the first casualty of the pre-Lal Masjid operation, Musharraf convened a meeting of top political and military authorities and given his mind that a full-fledged operation had to be carried out. …

Read more : The News

PIA violating Air Safety Rules

PALPA says PIA violating Air Safety Rules

KARACHI: July 29, 2010: Pakistan Air Line Pilots’ Association (PALPA) spokesman said that just before the crash, PALPA had pointed out the violation of air safety regulations by the Flight Operations Directorate of PIA as the management was compelling pilots to fly longer than internationally laid down rules thus putting passengers’ safety at peril.|

The Civil Aviation Authority must take notice of these violations before it is too late. He said that continuous violations of air safety rules will not only affect the sanctity of the aviation industry in Pakistan but will ruin the safety record of the national flag carrier as well. “The horrific plane crash signifies the importance of flight safety laws and passengers safety measures, he said.

PALPA since its inception has been stressing on international flight safety standards. “PALPA recently organised an international safety seminar providing a platform to the aviation professionals to discover new ideas for improving air safety and raised public awareness for their contribution to the cause besides identifying existing critical issues in the aviation industry which affect aviation safety,“ the spokesman added

Courtesy: Express Tribune, July 29, 2010.