Tag Archives: threatening

Justice Louise Arbour Concerned About Direction of Pakistan’s Supreme Court

Justice Louise Arbour has a distinguished career devoted to promoting the principles of justice. Currently serving as the President of the International Crisis Group, Justice Arbour is the former UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda. As such, she knows a thing or two about the importance of an independent judiciary in developing countries and emerging democracies. That’s why, when Justice Arbour expresses concerns about the looming constitutional crisis in Pakistan, her concerns merit serious consideration.

An ardent supporter of Pakistan’s 2007 “Lawyer’s Movement” to restore judges deposed by Gen. Musharraf, Justice Arbour had hoped to see a new era for the Court, one that broke with its past of supporting military dictators and their mangling the Constitution and the rule of law. Today, she fears that those same justices have become “intoxicated with their own independence,” and that the current direction of Pakistan’s Supreme Court Justices threatens to upend the very democratic order that restored them to the bench.

Speaking to a crowded auditorium at the Woodrow Wilson Center in Washington, DC, Justice Arbour noted that the current tension between Pakistan’s Supreme Court and its elected officials might seem like a political soap opera were it not for Court’s history of collusion with the military to suppress democracy. Judges “who took an oath to a military dictator are not well placed to make the decision” to remove democratically elected officials, she observed, referring to Chief Justice Iftikhar Chaudhry’s 1999 oath under Gen. Musharraf’s Provisional Constitutional Order (PCO). While not inevitable, Justice Arbour said, it is possible that Pakistan’s Supreme Court could end up dissolving the democratically elected government with the help of the military, putting in place an extended caretaker government in what would be, for all intents and purposes, another coup.

During her visit to Pakistan, she assured the room, she met with no government officials. Her interest was in the views of the legal community, whom she found deeply divided, seemingly on political lines. This troubled the former Justice, who worries that Pakistan’s Supreme Court has become increasingly politicized, threatening its credibility. She pointed to the memo commission, which she said “reflected very poorly on the judiciary,” and added to the appearance of growing politicization.

The present case, in which the Supreme Court has ordered the Prime Minister to write a letter to Swiss authorities requesting that criminal cases be reinstated against the President, adds to the appearance of an increasingly politicized judiciary. From a legal perspective, the issue centers on one of separation of powers. In fact, Pakistan’s Chief Justice has repeatedly stated recently that “parliament is not supreme.” In questions such as these, where the Supreme Court has a vested interest in the outcome, Justice Arbour suggests that it is all the more important that court show self-restraint and frame its decisions in a way that “advances the authority of all institutions,” not only its own.

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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.

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Brown Pundits – Pakistan; the sausage factory is getting exposed

Pakistan: the sausage factory is becoming dangerously transparent

By Omar

The latest scandal in Pakistan involves the leading business tycoon of the country spending (he claims) 340 million rupees on the son of the chief justice of Pakistan. Said tycoon Riaz Malik used to be a struggling contractor who hit paydirt with high-end housing colonies named “Bahria colony” (the name means “navy”…and some admirals are said to have sold him access to that name and the authority of Pakistan’s smallest armed force). Now one of the richest men in the country, Malik Riaz has been profiled in this documentary by TV anchor Sohail Warraich.

Suggested names for this scandal include “bahriagate”, “familygate” and, more originally (from lawyer Feisal Naqvi) “liti-gate”! Conspiracy theorists are busy trying to figure out if this whole thing was orchestrated by the army (unhappy over the chief justice’s asking questions about missing persons in Balochistan) or by Zardari or by the CIA and Mossad and RAW.

But whatever the details, one thing is clear to an outside observer. The walls of the sausage factory are becoming dangerously transparent. 11 retired generals work for Malik Riaz. Many admirals and generals smoothed his path to wealth. Many journalists are being accused of being on his payroll. And its not just this scandal. The son of the prime minister is accused of smuggling controlled substances. The brother of the almighty army chief is being targeted in a whispering campaign. Secret agencies, hidden camera videos, trips to Monte Carlo with mysterious women…its all out in the open or threatening to come out. All this has happened in other countries (well, maybe some of it has). but times are tough, the economy may tank, the security establishment has got itself into a fight with its traditional American patrons. There was never a real national ideology behind the claptrap taught in 6th grade. What will hold the center? These things can get out of hand.

Continue reading Brown Pundits – Pakistan; the sausage factory is getting exposed

Is America on the Verge of Theocracy? 4 Fundamentalist Ideologies Threatening U.S. Liberty

Extremists shape American politics to unabashedly pursue legislative policies that favor the rich and punish the poor.

Americans seem confident in the mythical notion that the United States is a free nation dedicated to reproducing the principles of equality, justice and democracy. What has been ignored in this delusional view is the growing rise of an expanded national security state since 2001 and an attack on individual rights that suggests that the United States has more in common with authoritarian regimes like China and Iran “than anyone may like to admit.” I want to address this seemingly untenable notion that the United States has become a breeding ground for authoritarianism by focusing on four fundamentalisms: market fundamentalism, religious fundamentalism, educational fundamentalism and military fundamentalism. This is far from a exhaustive list, but it does raise serious questions about how the claim to democracy in the United States has been severely damaged, if not made impossible.

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Witch-hunt against democracy in Pakistan

Pakistani diplomat accused over memo claims he is victim of witch-hunt

Husain Haqqani says he fears for his life as hearing begins into allegations he sent memo to US official warning of military coup

By Saeed Shah in Islamabad

The former Pakistani diplomat at the centre of a scandal threatening to bring down the government in Islamabad says he has become embroiled in a “witch-hunt” against democracy in Pakistan.

A judicial commission on Monday began investigating allegations that could lead to treason charges against Husain Haqqani, who resigned as ambassador to Washington following claims he was behind an anonymous memo asking for US support to stave off a military coup in Pakistan.

The case has again drawn battle lines between the civilian government and the military in Pakistan, where the generals have ruled for half its existence. Haqqani, who denies knowledge of the memo, was a key adviser to President Asif Ali Zardari.

Haqqani was summoned to Pakistan in November and has, in effect, been under house arrest since, with his travel abroad banned. He is staying at the heavily guarded official residence of the prime minister in Islamabad, afraid that religious extremists or military agents will kill him if he ventures out. He said he was there for his “personal safety and security“. Last year, militants assassinated two senior officials of the ruling Pakistan Peoples party.

“Some people want to have the right to judge the patriotism of civilians. Some have joined the witch-hunt to keep democracy weak or even get rid of it if they can,” said Haqqani, speaking to the Guardian in a worn-looking sitting room where he receives few visitors.

In Washington, where Haqqani served for nearly four years, he was lauded as one of the best-connected diplomats in town, a smooth-talking, hyperactive defender of Pakistan on American television screens and in the corridors of the US capital. He is credited by some with keeping aid money flowing and relations with the US alive as the alliance between the two countries foundered in recent years over charges that Pakistan was playing a “double-game” by secretly supporting the Taliban.

In Pakistan, however, Haqqani was persistently vilified by the military establishment and the country’s press, painted as an American stooge and a too-clever-by-half strategist for the unpopular Zardari. Many in Pakistan believe it is the president who is the real target of the “memogate” furore, although he insisted over the weekend that he was not going to quit.

Pakistan’s armed forces, used to controlling the relationship with the US, deeply resented Haqqani’s contacts and level of access in Washington. Democracy was restored in Pakistan in 2008, but the government has been shaky, with simmering tension with the military. Haqqani had advocated closer ties to the US and was a strong critic of the army’s role in politics and its policy of supporting jihadist groups, laid out in his 2005 book, Pakistan: Between Mosque and Military.

“I am being targeted for my views and beliefs on civil-military relations and US-Pakistan ties, not because I did anything wrong,” said Haqqani.

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Memogate: an attempt to thwart democracy, and threatening the representative system is an attack on sovereignty of the people of Pakistan

Civil Society of Pakistan’s stand on So-called Memogate

Civil society terms memogate scandal an attempt to thwart democracy; Says threatening the representative system tantamount to attack on sovereignty of people.

Karachi, Sindh – 17 December 2011: We, the representatives of the Civil Society including non governmental organisations, labour organisations, academia, women’s rights bodies, and media persons express deep concern over the current political situation in the country where a crisis is being manufactured on frivolous grounds, and is being referred as the so-called Memogate. This has the potential of subverting democratically elected Parliament and the Constitution.

It is time all conspirators against democracy and the sovereignty of the people be called to account. Sovereignty belongs to the people who have agreed to exercise it through their representatives in a federal, parliamentary, and a democratic system. Any attempt at arbitrarily altering this arrangement is tantamount to an attack on the sovereignty of the people. Various institutions of the state are supposed to function within their defined constitutional parameters and complement each other but they seem to be working at cross-purposes, to the determent of public interest.

We emphasise that the role of political parties and political leaders is to represent their constituents’ interests and arrive at negotiated agreements to differences in agreed political forums.

The role of state’s security organizations is to serve the people through stipulated constitutional arrangements, under the command of the executive, and not to define what is or is not in the national interest.

The role of the judiciary is to protect the rights of the citizens from arbitrary abuse of executive power, and not to itself become a source of arbitrary executive power.

The role of the mass media is to help citizens hold powerful interests groups within and outside the state to promote their legitimate interests and hold violators of rights accountable, and not to itself act as an unaccountable interest group.

In our opinion, parliament is the appropriate forum to discuss and investigate this issue and come up with findings.

We believe that any attack on the sovereignty of the people will be unjust. It will necessarily lead to conflict and must be resisted.

We appeal to the people of Pakistan to stand united and firm in support of democracy and to resist all attempts aimed at its subversion. The people of Pakistan have made great many sacrifices for the cause of democracy and they should not let any vested interests trample their right to have a democratic and an elected representative system run the country.

Continue reading Memogate: an attempt to thwart democracy, and threatening the representative system is an attack on sovereignty of the people of Pakistan

Dirty talk

By Saroop Ijaz

Excerpt;

…. The terrorists are fanatics who wish to destroy society and life as we have known it. The cliché “one man’s freedom fighter is another man’s terrorist” is overrated and in any event they are nobody’s freedom fighter. If all this sounds as dreary sentimental nonsense and hollow distant bravado to you, remember it is in our self-interest to fight and defeat them. Any capitulation or one-sided peace deal with them is by its nature doomed to fail and once it does, they will come back with a vengeance as they did after Swat. The precedent of negotiating and ceding to the edicts of people threatening to kill is one which is susceptible to permeate and will be applicable to your local gangster before you know it.

Read more » The Express Tribune, December 18th, 2011.

Kharotabad commission a whitewash, says Hyrbyair Marri

by Murtaza Ali Shah

LONDON: Baloch leader Nawabzada Hyrbyair Marri has held Interior Minister Rehman Malik for being behind the recent wave of “kill and dump policy” in Balochistan.

Marri said Rehman Malik has been openly threatening to “crush” Baloch political parties and student organizations.Marri told The News that Malik had become hostile after his repeated requests made to Mr Marri to endorse the government package failed.

Speaking at a public meeting here, Marri said the special committee to probe the gruesome killings of five Chechens in Kharotabad is a whitewash and there is no chance the culprits will be brought to justice.

Speaking at a public meeting here, Nawabzada Marri, who lives in exile in London, said the killing of unarmed foreigners by FC in Kharotabad, Quetta on May 17 was an act of barbarism on the part of law-enforcement agencies. He said the killings exposed once again how the rule of law had vanished from the Balochistan province, leading to human rights violations on daily basis.

“Those responsible for the killings of women and children, professionals and intellectuals and the local people act with impunity. They have no regard for the rule of law,” Marri said, adding that no commission was formed to probe the killing of Nawab Akbar Bugti and hundreds of Balochs killed so far. …

Read more: The News

A Sindhi cameraman of AWAAZ TV, who recorded TV FOOTAGE of the killing of unarmed youngster by Rangers in Karachi, has been receiving threatening calls

KARACHI: A cameraman who recorded the shooting to death of an unarmed youngster by Rangers personnel received threats on Thursday from unknown callers, according to the organisation he works for and media houses and journalist bodies.

The cameraman of Awaz TV, a Sindhi news and entertainment channel, started receiving threatening calls on Thursday morning after the footage he had recorded was broadcast by almost all news channels. …

Read more: DAWN

Forces of darkness, extremism and intolerance are on the rise in Pakistan. If not curtailed, these forces can soon be threatening the very existence of Pakistan?

Forces of extremism and intolerance are on the rise in Pakistan. If not curtailed, these forces can soon be threatening the very existence of the state. In this episode of Reporter, Arshad Sharif tries to understand if there can be any permanent solution to this problem, and whether the Bangladesh Model could be a possible solution. Guests: Nazar Mohammad Gondal (Former Federal Minister, PPP), Haroon Rasheed (Political Analyst/Columnist), Zafarullah Khan (Executive Director Centre for Civic Education) and Mushahidullah Khan (Senator, PML-N).

Courtesy: DAWN News (Reporter with Arshad Sharif)

via – ZemTVYou Tube

UN report pointed finger towards general Musharraf

Is BB’s Assassination Bigger Crime than The Violation of The Constitution?

by K. Ashraf

When Ms. Benazir Bhutto was assassinated many national and international analysts including this scribe pointed finger towards general Musharraf. General Musharraf may not have fired the bullet, but he definitely advertently or inadvertently let the security situation worsen to the extent that led to BB’s murder.

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