Tag Archives: Unconstitutional

Dismissal of new PM would tantamount to breaking country: Gilani

LAHORE: Former Prime Minister Yousuf Raza Gilani has said that if anything happened to the new prime minister, it would tantamount to breaking up the country. He said that the court decision against him was also unconstitutional. Gilani said that writing a letter to Swiss authorities would go against the constitution. The former prime minister also said that if elected officials were to be dismissed by court decisions, then there would be no use for elections. Gilani said that the system should be allowed to continue. He also said that the judiciary is not a political party and that it should not have any agenda.

Courtesy: DAWN.COM

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Read – Elected officials can be disqualified in Pakistan, but unelected DG ISI, MI are above the law?

Supreme court order on Swiss letter ‘unconstitutional’ – Govt can’t carry out court orders

* AGP tells court ‘PM can’t be asked for implementation of an un-implementable direction’

* SC returns federation’s reply, says only remedy available is to file review

By Hasnaat Malik

ISLAMABAD: Declining to implement Supreme Court’s (SC) December 16, 2009 judgement on the NRO case, the government on Tuesday said the premier is not authorised to write letter to Swiss authorities …..

Read more » Daily Times

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More details » BBC urdu

Daily Times editorial on CJP’s Strange, ominous, unconstitutional pronouncement on emergency & martial law

EDITORIAL: Strange pronouncement

The Supreme Court (SC) three-member bench hearing the missing persons case in the Quetta Registry headed by Chief Justice (CJ) Iftikhar Mohammad Chaudhry has been scathing in its remarks during the proceedings about the seriousness of the situation in Balochistan and the obvious lack of the federal and provincial government’s seriousness in addressing the issue. The bench has been putting civil servants, junior government officials and police personnel on the mat regarding their failure to produce the missing persons. At the last hearing, the Deputy Attorney General got so much stick from the bench that he tendered his resignation. The CJ quoted former Balochistan advocate general Salauddin Mengal to portray a situation where no Pakistani flag could fly without the protection of the guns of the security forces more than 10 miles from Quetta. In the same vein of castigating the political, administrative and law enforcement leadership at the Centre and in the province, the CJ remarked that if the prime minister was not interested in acting to salvage the situation, the constitution envisaged other means, including the declaration of an emergency. Further, the CJ warned something must be done before another martial law is imposed.

Continue reading Daily Times editorial on CJP’s Strange, ominous, unconstitutional pronouncement on emergency & martial law

Let’s Talk Civil-Military, NOW!

By Marvi Sirmed

Atiqa Odho needs to change her name. Not only her name but also the prefix if she wants to avoid further humiliation that she possibly could not and would not want, just because she is a woman and does not bear the right prefix before her name. Brigadier Zafar Iqbal had both — the right name and the right prefix.

The good brigadier embarked on a PIA flight from Karachi to Lahore on Saturday night, intoxicated with the ‘sherbet’. The captain of the plane handed him over to the Airport Security Force (ASF) after the brigadier publicly harassed one of the female crew members. The ASF, obviously, could not hold him for more than a few minutes when they discovered the full name of the detainee. No wonder the news item merited just a few lines in Sunday newspapers. I am still waiting for the ‘suo motu’ and media-panic that we saw in Atiqa Odho’s case. Pertinent to remind here, Ms Odho was neither drunk nor did she harass anyone on the flight.

This points to two serious maladies of this society: one, a strong gender bias that women of this country have to endure everywhere, including the courts; and two, unjust and unfair partiality that society confers on the military. It is not only about an overly powerful military but also about an extremely weak civil society. It would be naïve to believe that civil society in Pakistan is powerful enough to foil any attempt to usurp power from the civilian entities. This is mainly because the military here never departed from power. Irrespective of who occupied the buildings of the Prime Minister Secretariat and the Presidency, the military always ruled in the country through its incontrovertible influence over political decision-making and social phenomena.

The way things happen in the court, and outside of it, memo scandal is a case in point. In the memo scandal, Husain Haqqani was treated as an accused by the media and society at large because the military thought so. Everything else had to be in sync with what the military wanted or at least, was perceived to be wanting. The same ‘evidence’ (the BBM conversations claimed by Mansoor Ijaz that took place between him and Husain Haqqani) implicated the head of the ISI who was accused in the same BBM conversations to have spoken to the leaders of some Arab states and gotten their consent to sack the present government. But no one from the media, politicians (even the ones who portray themselves as most committed to civilian supremacy) and the judiciary could ever point a finger towards General Pasha, the accused. Husain Haqqani was an easy target because he was not a general. Or even a brigadier.

Later, the chief of army staff and the head of ISI submitted their affidavits in clear departure of the government’s point of view — the same government that both of them are accountable to. The prime minister was openly criticised by everyone for calling this action of the two generals as unconstitutional. So much so that the media wing of the Pakistan Army, the ISPR, attacked the prime minister — their boss — by issuing a strongly worded statement warning the government of grave consequences and serious ramifications. So there were two statements, one by the chief executive of a country castigating his subordinate generals for unconstitutional actions, and the other from the subordinate generals threatening their boss with grave consequences. Guess who had to retract the statement? You got it right, it was the boss. The Islamic Republic is unique in its construction.

What can be more worrying for a people whose representative is humiliated by an agency that should be subordinate to the people. The agency, it is more perturbing, does so with popular consent. The absence of popular outrage amounts to consent if one could decrypt public reactions. We can go on endlessly criticising hungry-for-power generals, selfish politicians, corporate media and an ambitious judiciary, but what remains a fact is Pakistani society’s utter failure — rather refusal — to grow from a Praetorian state to even a half decent egalitarian democracy.

Continue reading Let’s Talk Civil-Military, NOW!

The supreme court on the army and ISI chiefs’ removal

By Nasim Zehra

Excerpt;

….. 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.

Election Commission of Pakistan – Supreme court’s “stay order” against “by-pools” unconstitutional

SC’s staying by-polls unconstitutional: EC

ISLAMABAD: Secretary Election Commission, Ishtiaq Ahmed Khan, Monday said, though staying the set by-polls was a violation of the Constitution, but EC would honour Supreme Court’s order, Geo News reported.

Addressing a press conference here, he said that Supreme Court of Pakistan did not hear us out on the issue of by-elections. ….

Read more » The News

Pakistan – We will not accept any unconstitutional act, says Yasin Azad

According to reports, Supreme Court Bar Association President Yasin Azad says they will not accept any unconstitutional act.

via » Twitter

Kayani, Pasha acted illegally, says Gilani

ISLAMABAD: Prime Minister Yousuf Raza Gilani once again on Monday took what appeared to be a potshot at the military when he said affidavits submitted to the Supreme Court by the Chief of Army Staff Gen Ashfaq Parvez Kayani and ISI chief Lt Gen Ahmad Shuja Pasha on `memogate` were `unconstitutional and illegal`.

In an interview with the People`s Daily Online of China, which was released by the official Associated Press of Pakistan news agency, Mr Gilani said since the COAS and ISI DG had submitted their replies to the court without seeking approval of the competent authority under the rules of business, the statements carried no legal import.

`No summary seeking approval of the competent authority was initiated by the ministry of defence nor was any approval obtained fromthe defence minister,` the prime minister was quoted as saying by the APP.

The media wing of the prime minister`s secretariat confirmed the statement.

Soon after the APP released excerpts of the interview, it was picked by major news search engines and online editions of newspapers all over the world.

Some saw it as an obvious reference to the ongoing tension between the government and the military establishment. …

Read more » DAWN.COM

http://www.dawn.com/2012/01/10/army-isi-chief-statements-to-sc-not-approved-by-govt-pm.html

Treason? Under what Constitution?

By Mahmood Adeel

Asma Jahangir’s resignation as Husain Haqqani’s lawyer in the memo case surprised quite a few people. She had originally taken the case as a matter of principle based in her experience as a respected human rights lawyer. She reviewed the facts of the case, looked at the way it was proceeding, and immediately became concerned about the precedent that was being set. From the beginning until the end, she said her concern was not specific to her client but to the greater principles of constitutional law. Ironically, what has not been discussed much in the endless analysis of the memo case are not the facts – who was involved, who knew what and when did they know it – but the principles of the case.

Please allow me to clear up one apparent misconception about this case: There has been no proven evidence of anyone’s involvement except for three people, all Americans: Mansoor Ijaz, Gen Jim Jones and Adm Mike Mullen. That is supposedly why the Supreme Court has set up a commission – to investigate for evidence. If the evidence was already proven, there would not be need for an inquiry commission, would there? But let us assume for the sake of this post that some genie will present to the court fool proof evidence that someone from the federal government was involved in the memo. Many people are suggesting that it constitutes treason under Article 6. Is this true?

According to Article 6 of the Constitution of Pakistan, “Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.”

Continue reading Treason? Under what Constitution?

We All MUST Observe 12th October as A BLACK DAY for Democracy in Pakistan

– by Zulfiqar Halepoto

All military coups, dictatorial rules and martial laws in Pakistan were illegal, immoral and unconstitutional, which polluted political culture, destroyed social cohesiveness, killed diversity and unity of federating units and turned a country of progressive, peace and democracy loving people into an authoritarian and rough state. Pakistan today is considered as heaven of terrorism and all illegal doings because of illegal rule of extremists and anti-democratic forces.

But Musharraf rule was the worst. He was a racist dictator. He divided the nation and tried to weaken the federating units. He killed Benazir Bhutto, Mir Balach Mari, and Nawab Akbar Bugti and hundreds of patriot sons of soil. He hijacked democracy and tried to divide Sindh on administrative designs through local government system. He wanted to have a war among peaceful citizens of Sindh, He started civil war in Balochistan and push KPK in to Taliban’s trap, he undermined the interests of Siraikis, he add fuel to fire to weaken Punjab on sectarian and other lines.

October 12th, 1999 was the black day in the democratic history of Pakistan when Musharraf unconstitutionally ousted an elected parliament. We have seen that only PMLN remember the day and I think this day should be observed as black day by all peace and democracy loving people. Though Mian Nawaz Sharif Saheb also wanted to introduce MALOOKAT and obsessed to be a modern AMIR UL MOMNEEN through 12th-13th and 14th constitutional amendments mandate of the people of Pakistan to decide his fate in the next elections, his overthrown was never accepted by democracy loving people by the hands of a TALE AAZMA FAUJI GENERAL.

LET US WHOLEHEARTDLY CONDEMN MILITARY TAKEOVERS AND ESPECIALLY MUSHARRAF’s RULE.

Courtesy: Pakistani e-lists/ e-groups, October 12, 2011.

Accused of Mehran Bank Scandal, former army chief “General (r) Mirza Aslam Beg,” sends a message to serving army chief Gen. Kayani to use his influence aka. impose Martial Law on Pakistan

The language of the talk show is urdu (Hindi).

Courtesy: Aaj Tv News (Bolta Pakistan with Nusrat Javaid and Mushtaq Minhas – 20 July 2011)

via → Chagataikhan  → ZemTV → YouTube

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Meeting was arranged by Qazi Hussain Ahmed (read daily Jang column “Qazi Saheb Ka Chaaekhana” by Irfan Siddique)

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Courtesy: → Express News Tv (Shahid Nama with Dr Shahid Masood and Gen. (r) Mirza Aslam Beg, 21st July 2011)

via → ZemTvYouTube

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As per 1973 Constitution of Pakistan http://www.pakistani.org/pakistan/constitution/part1.html

“QUOTE”

PART I -→ 6. (1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.

(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.

(3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

“UNQUOTE” → Definition of Accomplice: An accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offense.

ENEMIES OF DEMOCRACY INVITING ARMY & JUDICIARY TO PLAY UNCONSTITUTIONAL ROLE AGAINST ELECTED DEMOCRATIC GOVT.

N’ reaffirms judiciary, army proposal

ISLAMABAD: The Pakistan Muslim League-Nawaz (N) on Wednesday said it considered the army and the judiciary major stakeholders in the country’s national affairs as it justified Punjab Chief Minister Shahbaz Sharif’s controversial call for inviting representatives of the two institutions at a proposed all-party conference to prepare a broad-based national agenda to steer the country out of crisis.

“Since the country’s constitution has assigned roles to both the judiciary and the army, besides the executive, the call for inviting the army chief and the chief justice for consultation on national issues is not something extra-constitutional,” PML-N spokesman Ahsan Iqbal told a joint news conference with the party’s former information secretary, Siddiqul Farooque, and MNA Dr Tariq Fazal Chaudhry at the party’s central secretariat here.

The PML-N leaders announced that if the government did not stop recruitment in state-owned corporations on ‘political grounds’, their party’s parliamentarians would ‘gherao’ (besiege) these institutions.

The Punjab chief minister told journalists after inaugurating a three-day polio campaign in Lahore on Monday that the deteriorating situation in the country demanded that all stakeholders, including the political leadership, army and the judiciary, sat together and discussed the challenges facing the country.

He also said he had already contacted Prime Minister Yousuf Raza Gilani “on the advice of (party chief) Nawaz Sharif to suggest to him to sit together with the army and the judiciary and discuss a strategy to steer the country out of the current situation”.

Wednesday’s news conference seemed aimed at countering criticism of Mr Sharif’s statement from the federally ruling Pakistan People’s Party and various sections of society and media, with some political observers terming the call as an open invitation to the army for a direct intervention in the country’s political matters.

Read more : DAWN

Judges’ extension: Judges rejected a parliamentary committee’s decision?

ISLAMABAD: The committee had denied one-year extensions to judges, therefore, judges rejected a parliamentary commission’s decision. Is this a ‘judicial takeover’, ‘judicial dictatorship’! or something else?  The Question is, whether an elected parliament represents the will of the people and thus reflective of collective wisdom of people or an appointed body like judiciary should have power to overwrite and supercede the will of the people?

Courtesy: Dunya TV News (Crossfire with Meher Bokhari, 9th March, 2011)

– via – ZemTVYou Tube

Pakistani Judiciary always Validate Martial Law

Writing of history or triumph of amnesia? – By Ayaz Amir

“Historic”, we are being told — and told without end — is what the judgment of their Supreme Court lordships is. General (r) Pervez Musharraf’s Nov 3, 2007, action has been declared “unconstitutional” and “civil society” is ecstatic, some of our wilder drumbeaters assuring us that the doors on military interventionism have been closed forever. Ah, if wishes were horses.

Continue reading Pakistani Judiciary always Validate Martial Law