Tag Archives: suspension

Judicial hyperactivism is threatening democracy in Pakistan

By: Junaid Qaiser

Pakistan is known for its weak political institutions, powerful army, several military coups and the infamous Article 58(2)-(B) that was used to send elected prime ministers to home or jail.

But this time around we are seeing a slightly different technique when the three member bench of the Supreme Court declared Yousuf Raza Gilani disqualified from holding a seat in the parliament from the date of his conviction on April 26 by a seven-member bench for contempt of court. A prime minister, who enjoyed confidence of the Parliament, who even before taking the oath of office, ordered release of the judges sacked and detained by former military ruler Gen Pervez Musharraf and later reinstated all the deposed judges on 16th March 2009 through an executive order. Many renowned experts as well as common person termed the ouster of elected PM similar to a judicial coup.

The Twitterities are using the hashtag #JudicialCoup to explain a new (invented)mechanism to oust an elected government.

The judges’ restoration movement, has been wrongly termed by many as a new beginning for Pakistan, as it’s not only failed to create and develop space for civilian supremacy, but also emerged a main hurdle in democratic evolution. And, today, we are more concerned than ever about the political instability. International media and observers place Pakistan in the category of countries, where parliament is continuously under sieges.

Pakistan’s judiciary has a very controversial history, which had never opposed, even the unconstitutional actions of the military dictators. The frequent imposition of martial laws, abrogation and suspension of constitutions were acts of treason under the law but were frequently validated by our apex courts.

In Maulvi Tamizuddin Khan versus the Federation of Pakistan, Justice Munir declared that the Assembly was not a sovereign body. He gave the ruling that the Constitutional Assembly had “lived in a fool’s paradise if it was ever seized with the notion that it was the sovereign body of the state”. The wording may be slightly different but the mindset remain the same, when the present Chief Justice said that the concept of parliament’s sovereignty was ages old so it was not so it was not applicable now. Historians feel that Justice Munir destroyed Pakistan’s constitutional basis when he denied the existence of Assembly’s sovereignty, and further harmed it by not indicating where sovereignty resided. It is quite obvious that historians will also judge the serious consequences of the present role of the judiciary for parliamentary democracy in Pakistan.

The observation by Justice Munir in Dosso versus the Federation of Pakistan, that a successful coup is a legal method of changing a constitution, sets the basis for the Commander-in-Chief of Pakistan Army, General Ayub Khan, to takeover the government from Iskandar Mirza. Ironically, the military takeover by General Ayub Khan on October 27, 1958, took place one day after the decision of the court was announced. By November 10, 1977, a nine-member bench of the Supreme Court of Pakistan, headed by Chief Justice Sheikh Anwarul Haq, unanimously validated the imposition of martial law under the ‘doctrine of necessity’. The judgment provided cover to the unconstitutional act of General Ziaul Haq and even gave him authority to make changes in the constitution. And in the Zafar Ali Shah case, the Supreme Court had granted three years to General Musharraf to hold elections and amend the Constitution and, in turn, General Musharraf gave three-year extension in service to the then incumbent judges.

Continue reading Judicial hyperactivism is threatening democracy in Pakistan

Pakistan’s largest telecommunication company “PTCL Internet Blackout in Pakistan”

Pakistan’s largest telecommunication company,PTCL, is suffering a country word service blackout. Users took to twitter to report service suspensions, they are unable to reach out to customer support for any explanation on the blackout.

Google , Facebook, YouTube and loads of other services not working in Pakistan. surprisingly twitter is the only site that’s working on PTCL right now, facebook is not even opening.

Read more » http://storify.com/BoloBhi/ptcl-internet-blackout-in-pakistan?awesm=sfy.co_mLa&utm_campaign=&utm_medium=sfy.co-twitter&utm_source=t.co&utm_content=storify-pingback

Anti-American Coup in Pakistan?

By Stanley Kurtz

The Washington Post and New York Times today feature above-the-fold front-page articles about the deteriorating situation in Pakistan. Both pieces are disturbing, the Times account more so because it explicitly raises the prospect of an anti-American “colonels coup” against Pakistan’s army chief, Gen. Ashfaq Parvez Kayani. With all the bad news coming out of this part of the world, and plenty of trouble here at home, it’s easy to ignore stories like this. Yet these two reports are among the most alarming and important we’ve seen in a long string of bad news from Pakistan and the Middle East.

Both articles make plain the extraordinary depth and breadth of anti-American sentiment among the commanders and the rank-and-file of Pakistan’s army. While America’s insistence on keeping the bin Laden raid secret, as well as our ability to pull it off without Pakistani interference, are the immediate causes of the anger, it’s obvious that a deeper anti-American sentiment as well as some level of sympathy for al-Qaeda are also at work.

Even now Pakistan’s army is forcing American operations out of the country. They have blocked the supply of food and water to our drone base, and are actively “strangling the alliance” by making things difficult for Americans in-country.

Unfortunately, it’s now time to at least begin thinking about what the United States should do in case of either an overt anti-American coup within Pakistan’s army, or in case Kayani himself is forced to effectively break relations. Although liberation from Pakistan’s double-game and reversion to honest hostility might come as a welcome relief to some, I see no good scenario here.

Should anti-American elements in Pakistan’s army displace Kayani, they would presumably hold our supply lines to Afghanistan hostage to a cessation of drone attacks. The step beyond that would be to cut off our Afghanistan supply lines altogether. Our minimum response to either of these moves would likely be a suspension of aid (on which Pakistan’s military is now dependent) and moves to provide India with technology that would give them major advantages over Pakistan. Pakistan may run eagerly into the arms of China at that point.

These developments would pose many further dangers and questions. Could we find new supply lines, and at what geo-strategic price? Should we strike terrorist refuges in Pakistan, perhaps clashing with Pakistan’s own forces as we do so? Would Pakistan actively join the Taliban to fight us in Afghanistan? In short, would the outcome of a break between America and Pakistan be war–whether low-level or outright?

There is no good or easy answer here. If there is any single spot it would be hardest for America to walk away from conflict, Pakistan is it. Bin Laden was not alone. Pakistan shelters our greatest terrorist enemies. An inability to strike them there would be intolerable, both in terms of the danger posed for terrorism here in the United States, and for the safety of our troops in Afghanistan.

Yet the fundamental problem remains Pakistan’s nuclear capacity, as well as the sympathy of many of its people with our enemies. Successful clashes with Pakistan’s military may only prompt sympathizers to hand nuclear material to al-Qaeda. The army is virtually the only thing holding Pakistan together. A military defeat and splintering of the army could bring an Islamist coup, or at least the fragmentation of the country, and consequent massive expansion of its lawless regions. These gloomy prospects probably explain why our defense officials keep counseling patience, even as the insults from Pakistan grow.

An important question here is just how Islamist the anti-American elements of Pakistan’s military now are. Is the current trouble primarily a matter of nationalist resentment at America’s killing of bin Laden, or is this a case of outright sympathy for al-Qaeda and the Taliban in much of the army?

The answer is probably a bit of both. The difficulty is that the precise balance may not matter that much. We’ve seen in Egypt that a secular the military is perfectly capable of striking up a cautious alliance with newly empowered Islamist forces. The same thing could happen in Pakistan in the advent of an anti-American military coup. Pakistan may not be ethnically Arab, but it’s continued deterioration may be the unhappy harbinger of the so-called Arab Spring’s outcome, I fear.

At any rate, it’s time to begin at least gaming out worst-case scenarios in Pakistan.

Courtesy:  National Review Online

Via Wichaar