Tag Archives: undermined

Questions Surround New Supreme Court Order Disqualifying Prime Minister

The Supreme Court of Pakistan removed the Prime Minister in what is known as a “short order” – essentially a court order lacking a full explanation. These orders often begin, “For reasons to be recorded later…” – a practice that seems the beg for abuse and controversy – and then proceed directly to ordering some specific action on the part of an individual or institution. In this case, though, the specific action was not given until almost two months later – and made retroactive.

On April 26, the Supreme Court issued an order “for the reasons to be recorded later” that found then Prime Minister Yousaf Raza Gillani “guilty of and convicted for contempt of court.” The Supreme Court did not declare the Prime Minister disqualified from office and sentenced him to a symbolic detention of about 30 seconds.

The Supreme Court having chosen not to disqualify the Prime Minister, the issue was then taken up by the Speaker of the National Assembly, Dr. Fehmida Mirza, who ruled that Mr. Gilani was not disqualified. That was last month.

Today, nearly two months after the Supreme Court issued its controversial conviction, a new short order, “for reasons to be recorded later,” was issued by Chief Justice Iftikhar Chaudhry – this time declaring that “Syed Yousaf Raza Gillani has become disqualified from being a Member of the Majlis-e-Shoora (Parliament)…on and from the date and time of pronouncement of the judgement of this Court dated 26.4.2012…”

This raises several very interesting questions. If the Prime Minister was disqualified pursuant to the Supreme Court’s order on April 26, why did they wait until June 19 to say so? Some have suggested that the Supreme Court was giving the Prime Minister the opportunity for appeal, but this is doubtful for a number of reasons: One, the Supreme Court could have declared the Prime Minister disqualified and then stayed the order pending appeal. But more to the point, to whom would the Prime Minister have appealed? The original order was given by a 7 member bench of the Supreme Court – there was no higher authority to appeal to.

Then there is the matter of the ruling by the Speaker of the National Assembly. If the Supreme Court had determined that Mr. Gilani was disqualified as of April 26, why did they allow Dr. Mirza to proceed with deliberations and a ruling on Mr. Gilani’s status as parliamentarian? If the Supreme Court believed that Dr. Mirza did not have the authority as Speaker of the National Assembly to issue such a ruling, why did they not issue an injunction stopping the Speaker from carrying out the act?

While these questions remain unanswered, at least until the Supreme Court delivers more than the two pages made available today, they suggest very troubling possibilities. By allowing Mr. Gilani to continue serving as Prime Minister for months, the Supreme Court has created a policy nightmare for Pakistan. Making the disqualification retroactive to April 26 means that any decisions made by the government since are effectively nullified. Pakistan has, essentially, been operating without a government for over 8 weeks.

Moreover, by allowing the Speaker of the National Assembly to deliberate and issue a ruling without comment, only to nullify that decision weeks later, the Supreme Court has undermined the authority of parliament and created confusion about fundamental issues of separation of powers and constitutional authority. What government official can now carry out their duties without the fear of Supreme Court action if the Chief Justice does not like the outcome.

This gets to what is perhaps the most troubling question of all – would the Supreme have issued this new order had the Speaker of the National Assembly herself disqualified Mr. Gilani? In other words, is Pakistan’s Supreme Court acting pursuant to due process or desired outcomes?

Courtesy: http://americansforpakistan.com/2012/06/19/questions-surround-new-supreme-court-order-disqualifying-prime-minister/

Via – Twitter

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.

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.

Sindh: Condemnation of Massacre During Recent Riots

– In a press statement issued today [July 16, 2011], World Sindhi Congress (WSC) strongly condemned the barbaric massacre of innocent people in recent clashes in the major cities of Sindh including Karachi and Hyderabad.

The killings started when Sindh Assembly withdrawn the so-called Local Government system and restored Commissionerate system in Sindh. The local government system was imposed by force by the military dictator General Musharaf against the popular wishes, demands and struggle of Sindhi people. The system completely undermined the historical, political, social, economic and educational rights of Sindhi people. Under the patronage of this system the complete control of the urban centres was handed over to Muttahida Qaumi Movement (MQM). The historical Hyderabad district was divided in four districts, five districts of Karachi were amalgamated in one, other districts were also divided. Most districts were handed over to criminal feudals to punish Sindhi people and suffocate their social and economic progress. As a result of this system the entry to educational institutions and jobs in the urban areas, particularly in Karachi was systematically denied to Sindhi people, Sindhi villages in Karachi were bulldozed and Sindhis were forced to live and suffer one of the worst apartheid in their own land.

The first thing that all Sindhi people hoped and demanded from Peoples Party was to abandon the draconian local government system when they came in power on the almost unanimous vote of Sindhi people. Unfortunately Peoples Party failed to deliver for three and half years on this issue of utmost significance for Sindhi people resulting from their compromise with MQM to remain in power at the any cost. MQM was and is the strongest supporter of this system as it provided them a disproportionate and complete hegemony over Karachi and Hyderabad.

The withdrawal of the local government system was completed in all other parts of Pakistan almost a year ago. It was kept only in Sindh at the sole insistence of MQM. It was withdrawn from Sindh by an over-whelming majority of Sindh Assembly. All parties in the Sindh Assembly except MQM supported the changes. In all the democratic sprits and norms MQM should have accepted this verdict as it was a unanimous demand of Sindhi people and democratically passed by an overwhelming majority of Sindh Assembly. However, it is really unfortunate to see how MQM has reacted violently and undemocratically. Consequently the situation is very sad as it has resulted in the massacre of scores of innocent men, women and children.

WSC condemn the irresponsible statements of Zulfiqar Mirza which were divisive and aimed to flame the riots among people of Sindh. ….

Sindhis have thousands year old traditions and civilisation of tolerance and peace and have demonstrated this times and time again. Sadly MQM in spite of their proclamations that they are sons of Sindh, have demonstrated through their actions that they only represent the narrow and many-times anti-Sindh ethnic interests  ….

Read more → UNPO

Death of ObL, Nightmare for Pakistan: Army Chief Suggests to Nawaz Not to Demand Resignations; ISI Chief Surrenders to Parliament But His Tone Remains Unchanged?

Death of ObL, Nightmare for Pakistan: AQ Khan Under Threats; Army Chief Suggests to Nawaz Not to Demand Resignations; ISI Chief Surrenders to Parliament But His Tone Remains Unchanged?

By Aijaz Ahmed

Excerpt:

Islamabad: Developments are taking place at a fast pace ever since Osama bin Laden was killed in a limited operation by US Navy SEALs in Abbottabad, 60 miles north of the federal capital, Islamabad.

The life of the most wanted man on earth was dangerous for peace and stability in Pakistan, but his death has become a nightmare for Pakistan, that puts the very fiber of the society at stake and integrity of the country in danger. The “Ghairat” (honor) brigade of media is very active as it is trying to bring the democratic dispensation under pressure on one hand and point its guns towards the security institutions on the other hand.

The debate sparked by the May 2 operation focused on Pakistan’s national sovereignty, but nobody amongst the hawks were ready to accept the fact that although the US action was undoubtedly a clear breach of the national sovereignty, the presence of ObL on Pakistani soil, especially in a garrison city like Abbottabad had equally subverted the national sovereignty and undermined our security framework. …

…. Indeed the military leadership admitted its failure, but the briefing given to the sitting was not very significant, says Syed Zafar Ali Shah, a PML-N hawk. Although general Pasha surrendered before the parliament, it was for the sake of their institution, and not for the supremacy of the civilian rule, he added. The attitude of the uniformed top brass was rather contemptuous towards the elected representatives of the country, sources said adding that it was evident from the tone of the soldiers and the response they given to the elected representatives who asked tough questions or pointed out political hobnobbing by the agencies.

The tone was harsh and not like that of a person wanting to admit his mistakes, said Zafar Ali Shah. He however, was silent on the question that why PML-N did not ask for certain resignations over the Abbottabad incident. Sources closed to Mian Nawaz Sharif on the other hand answered this question. The close circles of Mian Nawaz Sharif have confided that the Army Chief General Ashfaq Pervez Kayani had a one on one meeting with Mian Nawaz Sharif on May 9th at his residence in Murree. The said meting took place on the first day of PML-N central leadership’s meeting in Islamabad when Mian Sb asked his party men to demand for the resignation of military top brass.

PML-N sources are of the view that Mian Saheb was to demand resignations during his next day press briefing, and some how this was conveyed to the Army leadership that created bit of worry in Rawalpindi, thus the COAS rushed himself to his Murree residence and requested him not to do so. Mian Sb, according to the sources while accepting the suggestion, changed his words, but kept very harsh tone. This was also indicated in 15th May media briefing when he demanded agencies budget and expenditure to be presented in the parliament. …

To read complete article: Indus Herald

The Double Game

The unintended consequences of American funding in Pakistan.

by Lawrence Wright

It’s the end of the Second World War, and the United States is deciding what to do about two immense, poor, densely populated countries in Asia. America chooses one of the countries, becoming its benefactor. Over the decades, it pours billions of dollars into that country’s economy, training and equipping its military and its intelligence services. The stated goal is to create a reliable ally with strong institutions and a modern, vigorous democracy. The other country, meanwhile, is spurned because it forges alliances with America’s enemies.

The country not chosen was India, which “tilted” toward the Soviet Union during the Cold War. Pakistan became America’s protégé, firmly supporting its fight to contain Communism. The benefits that Pakistan accrued from this relationship were quickly apparent: in the nineteen-sixties, its economy was an exemplar. India, by contrast, was a byword for basket case. Fifty years then went by. What was the result of this social experiment?

India has become the state that we tried to create in Pakistan. It is a rising economic star, militarily powerful and democratic, and it shares American interests. Pakistan, however, is one of the most anti-American countries in the world, and a covert sponsor of terrorism. Politically and economically, it verges on being a failed state. And, despite Pakistani avowals to the contrary, America’s worst enemy, Osama bin Laden, had been hiding there for years—in strikingly comfortable circumstances—before U.S. commandos finally tracked him down and killed him, on May 2nd.

American aid is hardly the only factor that led these two countries to such disparate outcomes. But, at this pivotal moment, it would be a mistake not to examine the degree to which U.S. dollars have undermined our strategic relationship with Pakistan—and created monstrous contradictions within Pakistan itself.

American money began flowing into Pakistan in 1954, when a mutual defense agreement was signed. During the next decade, nearly two and a half billion dollars in economic assistance, and seven hundred million in military aid, went to Pakistan ….

Read more : The New Yorker