Tag Archives: constitutional

Judicial responsibility and organs of state

By Markandey Katju

After my article about the constitutional misbehaviour of the Pakistan Supreme Court was published in The Hindu (June 21), I received several queries and objections regarding it. Hence an explanation is called for, which I am giving below:

The first objection is that the British Constitutional principle, “The King can do no wrong” applies to a monarchy, not a republic. My answer is that I am well aware that Pakistan, like India is a republic. However, in both these countries, total immunity from criminal prosecution is granted to the President. Thus, Section 248(2) of the Pakistan Constitution states: “No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office.” Article 361(2) of the Indian Constitution is identically worded.

Continue reading Judicial responsibility and organs of state

For the good of democracy – By Farrukh Khan Pitafi

Democracy means government by the uneducated, while aristocracy means government by the badly educated.” — Gilbert K Chesterton

At a juncture when the propinquity of a truly democratic order was almost being taken for granted, Pakistan suffered the biggest disaster since the hanging of Zulfikar Ali Bhutto. A three-member bench headed by the Chief Justice of Pakistan, who has vowed to protect democracy, sacked a democratically-elected prime minister on a matter of constitutional interpretation.

The sacked man, Yousaf Raza Gilani, and his party accepted the ruling with grace and nominated another candidate. But the day the prime ministerial nominee, Makhdum Shahabuddin, was to file his nomination papers, an anti-narcotics court issued a non-bailable warrant for his arrest, on a case that had been pending for weeks. Imagine, a court waking up on that precise day. The powers that be in the Islamic republic do not seem to care much for democracy. I have previously expressed hope in the growth of democracy and the institution building process. With the prime minister removed through an undemocratic, albeit legal method, that optimism cannot be sustained. It is clear that this is not the case of institutions clashing over boundaries, but disputes concerning other matters. Of course, the ruling party, too, is responsible for this sorry tale.

In Islamabad’s drawing rooms, it is being speculated that a government of technocrats backed by the army will soon be installed through a soft coup. Those who make these claims, carry a list of candidates for each ministry. Another theory is that the judiciary-executive tussle will result in the announcement of early elections and when the assemblies are dismissed, names in the aforementioned list will be adjusted in the caretaker cabinet, which in time, will be granted two to three years of extension. As the sacking of a prime minister and embarrassing an elected government by asking it to write a letter against its own head of state can be considered akin to protecting democracy, there is little doubt that this would also strengthen democracy.

Change may come in any shape, but if it comes through any means other than fresh elections, it will be detrimental. And change will definitely come. But let us fix responsibility for any undemocratic development. It should be remembered that the current democratic dispensation was founded on an intricate masonry of checks and balances. One function of the independent judiciary was to protect democracy. While it might have protected it from a military takeover, it has not been able to protect it from its own wrath. You can foresee the entire system collapsing. Some would say that the protectors of the Constitution have plunged the nation into another crisis-ridden bog.

If any undemocratic change comes, our armchair theoreticians assure us, it will not be limited to the cabinet and parliament alone, but will affect the judiciary as well. Perhaps, our judicial custodians have forgotten that they are part of the very democratic order that their recent verdicts seem to have so negatively impacted.

Courtesy:  The Express Tribune, June 23rd, 2012.

Pakistani Supreme Court has gone overboard – says Justice Markandey Katju (Supreme Court of India)

It has no right to dismiss a Prime Minister or overrule the constitutional immunity given to the President

By: Markandey Katju

When I was I was a student of law at Allahabad University, I had read of the British Constitutional principle ‘The King can do no wrong’. At that time I did not understand the significance of this principle and what it really meant. It was much later, when I was in law practice in the Allahabad High Court, that I understood its real significance.

The British were experienced and able administrators. They realized from their own long, historical experience that while everybody should be legally liable for his wrongs and made to face court proceedings for the same, the person at the apex of the whole constitutional system must be given total immunity from criminal proceedings, otherwise the system could not function. Hence the King of England must be given total immunity from criminal proceedings. Even if he commits murder, dacoity, theft, or some other crime, the King cannot be dragged to court and made to face a trial.

One may ask why should the King be given this immunity when others are not? The answer is that in the practical world one does not deal with absolutes. The British were one of the most far sighted administrators the world has known. They realized that if the King is made to stand on the witness box or sent to jail, the system could not function. A stage is reached at the highest level of the system where total immunity to the person at the top has to be granted. This is the only practical view.

Following this principle in British constitutional law, almost every Constitution in the world has incorporated a provision giving total immunity to Presidents and Governors from criminal prosecution.

Thus, Section 248(2) of the Pakistani Constitution states:

“No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office.”

The language of the above provision is clear, and it is a settled principle of interpretation that when the language of a provision is clear the court should not twist or amend its language in the garb of interpretation, but read it as it is.

I therefore fail to understand how proceedings on corruption charges (which are clearly of a criminal nature) can be instituted or continued against the Pakistani President.

Moreover, how can the court remove a Prime Minister? This is unheard of in a democracy. The Prime Minister holds office as long he has the confidence of Parliament, not the confidence of the Supreme Court.

I regret to say that the Pakistani Supreme Court, particularly its Chief Justice, has been showing utter lack of restraint. This is not expected of superior courts. In fact the court and its Chief Justice have been playing to the galleries for long. It has clearly gone overboard and flouted all canons of constitutional jurisprudence.

The Constitution establishes a delicate balance of power, and each of the three organs of the state — the legislature, the executive and the judiciary – must respect each other and not encroach into each other’s domain, otherwise the system cannot function. It seems to me that the Pakistani Supreme Court has lost its balance and gone berserk. If it does not now come to its senses I am afraid the day is not far off when the Constitution will collapse, and the blame will squarely lie with the court, and particularly its Chief Justice.

Continue reading Pakistani Supreme Court has gone overboard – says Justice Markandey Katju (Supreme Court of India)

More of a political vendetta than a legal crusade – Los Angeles Times

Pakistan highest court ousts Prime Minister Yousuf Raza Gilani

The ruling stems from a conviction involving a graft case against Pakistan’s president. It sets up a clash between President Asif Ali Zardari and the judiciary.

By Alex Rodriguez, Los Angeles Times

ISLAMABAD, PakistanThe Pakistani Supreme Court ousted Prime Minister Yousuf Raza Gilani on Tuesday, leaving an important U.S. ally without a chief executive and setting up a showdown between the country’s president and judiciary that could lead to political chaos.

The ruling, triggered by Gilani’s contempt conviction in April for failing to revive an old corruption case against Pakistani President Asif Ali Zardari, potentially sets up a constitutional clash between the judiciary and parliament, which is controlled by Zardari’s Pakistan People’s Party, or PPP, and a fragile coalition of allied parties.

For now, Zardari’s party appeared to accept that Gilani and his Cabinet are no longer in government.

“Technically, after this Supreme Court decision, Gilani is no longer prime minister,” Qamar Zaman Kaira, a top party leader who up until Tuesday was information minister, said at a news conference. “And if the prime minister isn’t there, then the Cabinet is no longer there.”

Though Chief Justice Iftikhar Mohammed Chaudhry is revered in Pakistan as a bulwark against corruption, many experts believe his pursuit of the graft case against Zardari may be more of a political vendetta than a legal crusade. ……

Read more »Los Angeles Times

http://www.latimes.com/news/nationworld/world/la-fg-pakistan-gilani-20120620,0,2429553.story

No, Prime Minister: Pakistan’s Highest Court Plunges Country into Uncertainty

In a controversial ruling, Pakistan’s Supreme Court axed Prime Minister Yousuf Raza Gilani—a verdict that speaks volumes of the enmities and uncertainties haunting the country

By Omar Waraich

For anyone hoping to see a Pakistani civilian government complete a full five-year term without any interruption, this verdict was sorely disappointing. On Tuesday, Pakistan’s Supreme Court ruled that Yousaf Raza Gilani can no longer continue as Prime Minister, raising tensions between the government and the judiciary to their highest point and leaving the country vulnerable to a new phase of political instability.

In its unusually terse ruling, the Supreme Court instructed President Asif Ali Zardari to arrange a successor for Gilani. While there is little prospect of Zardari’s government falling, his ruling Pakistan People’s Party (PPP) has accepted that there is no Prime Minister at the moment, and, therefore, no cabinet. The PPP is currently in crisis talks with its political allies to decide on a new Prime Minister. The challenge for the ruling coalition will be to hold on to its numbers, achieve a consensus on a new premier and survive a vote of confidence expected in the coming days.

Continue reading No, Prime Minister: Pakistan’s Highest Court Plunges Country into Uncertainty

One suo motu too many – By: Tausif Kamal

Whenever some of our preconceived myths are shattered by a stark, unyielding and yet truthful reality, we tend to revert to denial and a refusal to face up to the facts as they are

The Supreme Court’s short order in the Arsalan Iftikhar case absolving the Honourable Chief Justice (CJ) without any investigation or examination of any evidence in the underlying imbroglio is premature. It is in fact contradicted by the Supreme Court’s own statement in this order: “…the Supreme Court (SC)…cannot judge the guilt or innocence of the parties without evidence or trial…” So how is this ruling not applicable to the CJ, who is so intertwined in this scandal being the father of one of the main suspects, and whose judicial power is at the heart of this corruption scandal?

This is in way to imply that the CJ is guilty but there cannot be an exemption from inquiry and investigation along with other participants and witnesses, for possible criminal violations based just on mere words of one of the parties. Who is Malik Riaz to give a clean bill of health to the CJ? It is strange that the SC is relying on the good word of Malik Riaz whom the former considers to be an accused fit to be prosecuted for some serious criminal offences under Pakistan’s criminal laws.

To contend that the media is maligning the judiciary by highlighting this scandal is to blame the messenger and not the message. Let us not be sidetracked, for now at least, by corruption in the media, which no doubt prevails, but which is less important than the imperative of our judiciary to have an unassailable reputation and an image above reproach. Conducting a thorough probe or inquiry of all those allegedly involved, including the Honourable CJ, will clear rather than tarnish the judiciary’s reputation and remove the dark clouds hanging over our most esteemed institution.

The nation has a right to know answers to such vital questions as how long the CJ knew about his son’s involvement with Malik Riaz and how many meetings the CJ had with Malik Riaz before the matter was seized through a suo motu action. The only other acceptable alternative to such an inquiry would be for the CJ to quit honourably in the larger interests of the judiciary and the country.

Continue reading One suo motu too many – By: Tausif Kamal

Political Instability Rises as Pakistani Court Ousts Premier

By DECLAN WALSH

ISLAMABAD, Pakistan — The Supreme Court dismissed Prime Minister Yousaf Raza Gilani on Tuesday, drastically escalating a confrontation between the government and the judiciary and plunging the political system into turmoil.

Chief Justice Iftikhar Muhammad Chaudhry declared that Mr. Gilani’s office had been effectively vacant since April 26 when the court convicted him on contempt charges because he refused to pursue a corruption case against President Asif Ali Zardari, his superior.

Although the decision is unlikely to topple the government, many viewed it as the product of a grudge-driven tussle between Mr. Zardari and Justice Chaudhry, with the prime minister caught in the middle.

“The court has been gunning for the prime minister for a long time,” said Najam Sethi, a veteran political analyst. “Clearly there is a lot of politics in this.”

The order left Pakistan in a state of constitutional uncertainty, with the cabinet effectively dismissed. The court instructed Mr. Zardari to “ensure continuation of the democratic process” — words widely interpreted as an order to arrange the election of a new prime minister.

Legal experts said Mr. Gilani cannot appeal the decision but he may continue in an interim role until his successor is chosen. ….

Read more » The New York Times
http://www.nytimes.com/2012/06/20/world/asia/political-instability-rises-as-pakistani-court-dismisses-prime-minister.html?_r=2

Pakistan’s Kangaroo Court calls itself “Supreme Court,” but in fact is another front for the Mullah-Military complex

Pakistan’s puppet Court – By Shiraz Paracha

The Supreme Court’s controversial detailed verdict against the elected Prime Minister of Pakistan is one more bad decision by a Court that has a dark history of collaboration with the military in depriving the people of Pakistan of their fundamental rights.

The Supreme Court has been transcending its legal boundaries and constitutional role. Its decisions are biased, unfair and politicized. The Court is not a neutral and objective defender of law and judges have been acting as puppets.

The Judiciary is not independent and appears to be playing someone’s game. Indeed the Supreme Court is acting as a proxy for imposing a controlled democracy in Pakistan. It seems that characters such as Imran Khan and Dr. Abdul Qadeer Khan are part of this game. The former ISI chief Lt. General Shuja Pasha was an architect of the latest effort to introduce ‘clean democracy’ in Pakistan. General Pasha was not alone in military’s one more political adventure.

Actually, the military considers itself the sole defender of Pakistan and generals have been trying to shape and control the Pakistani politics. In fact, the military never felt comfortable with parliamentary form of democracy. For this reason every few years new campaigns are launched to ‘clean’ the system.

Dr. Abdul Qadeer Khan’s recent calls for the establishment of a technocrat government and Imran Khan’s Tsunami are reflections of military’s new efforts to bring a setup that ‘suits’ Pakistan. The Judiciary and media are means to complete that agenda. As the Parliament is about to complete its term, Imran Khan is threatening that he would not accept results of the new elections. Dr. Qadeer, dubbed by some as the future president, has joined hands with Imran Khan. The media and the Judiciary are taking cue from some in the military to pressurize the present government. All these actors want to maintain the status quo by imposing a controlled democracy.

Continue reading Pakistan’s Kangaroo Court calls itself “Supreme Court,” but in fact is another front for the Mullah-Military complex

Pakistan: Will the Court punish officials who violated their oath?

Evidently, the state of Pakistan is rotten when its former Chief of the Army Staff, who does not stop touting himself as a true patriot, prima facie, violated the constitutional oath he undertook. It is not just Mirza Aslam Beg whose nefarious involvement in politics has been the subject of discussion in the courts and TV channels but countless others in Pakistan who have been upto similar transgressions and getting away with them.

After the death of Gen Ziaul Haq in 1988, military rule only changed its clothes. It survived and flourished for a decade until the Emperor threw off his civilian façade and took over in 1999 through a proper coup d’etat citing the same old excuse of saving the country. The history of 1988-1999 is yet to be written for it has remained hostage to the obfuscations of a political class created by the army itself and its loyalist intellectuals who rule the media and are found in Pakistan’s moribund academia as well.

Continue reading Pakistan: Will the Court punish officials who violated their oath?

We salute our sisters of Sindhyani Tehreek. – By: Kalavanti Raja

A successful shutter down strike observed by Sindh Nationalists Parties, the call was given by an alliance of Sindh nationalist parties, ‘Sindh Bachayo Committee (SBC), against the 20th Constitutional Amendment draft bill which was tabled in the National (Federal) Assembly by the Muttahida Qaumi Movement.

In Hyderabad, the workers of Sindh Bachayo Committee took out a rally from Hyder Chowk to SP Chowk, during that the protesters clashed with the police and the same situation was occurred in Karachi when a crowd of  ethnic elements (gundas) on Motor cycles  tried to stop the marching Sindhiyani Tahreek activists on M.A. Jinnah road but the brave Sindhiyani Tahreek workers handled the situation … Two women activists injured.  In other parts of Sindh nearly 117 workers were detained in the crackdown operation against Sindh nationalist parties by the police.

Received via email.

Ahmadis expelled from school

By Shamsul Islam

FAISALABAD: At least 10 students, including seven girls, and a female teacher were expelled from Chenab Public School and Muslim Public School, Dharanwali area of Hafizabad, for being Ahmadis.

“It is extremely unfortunate that my daughters are being deprived of the most basic and fundamental human right such as education … all because of religious intolerance,” Khalil Ahmad, whose three daughters were expelled, told The Express Tribune. “I have no alternative to ensure that their education continues,” he added.

What about the constitutional provisions which ensure equal rights for all? What about the rule of law that says no discrimination can be made on the basis of faith, race, cast and creed, he questions. …

Read more » The Express Tribune

No justification for military takeover, says Asma Jehangir, the president of Supreme Court Bar Association

– No justification for military takeover, says Asma

By Nasir Iqbal

ISLAMABAD, Sept 23: One of the country`s most prominent human rights activists has expressed her serious concern on the poor performance of the federal and provincial governments, but has warned against this being used as a pretext by the extra-constitutional forces to derail the democratic process.

Asma Jehangir, who is also the president of Supreme Court Bar Association (SCBA), told Dawn that under no circumstances issues like the deteriorating law and order situation in Karachi or elsewhere could provide justification for any kind of military intervention. However, her fear was that “if civilian governments do not put their house in order, they would soon be sent packing”. In any case, she said, such a move would be disastrous for the country, and could result in more bloodshed and anarchy.

Commenting on a recent media report of possible differences among the top military commanders, with some suggesting a possible take-over, ….

Read more → DAWN.COM

Nationalists seek ‘all provincial subjects’ for Sindh

KARACHI: Claiming that the 18th constitutional amendment has robbed the provinces of their rights and the centre has become stronger at the cost of the provinces, Sindhi nationalists have demanded that the centre surrender all provincial subjects to the provinces.

This claim was made by Sindh United Party President Syed Jalal Mehmoud Shah and the Sindh Dost Democratic Party chief Barrister Zamir Ghumro at a press conference at the Karachi Press Club on Tuesday. Other nationalists leaders who were present on the occasion included Shah Muhammad Shah, Dr Dodo Mehri, Ghulam Shah and Shahnaz Shah.

Reading out from a joint statement, Mr Shah said the parliamentary committee on the 18th amendment on the pretext of abolition of the concurrent list had taken away purely provincial subjects, including electricity, professions such as medical and engineering, and criminal law for the first time and had increased the entries of the federal lists from 67 to 74. …

Read more → DAWN.COM

The PPP in focus – by Shahab Usto

The Zardari PPP has shown less commitment to tackling the chronic economic malaise: the deepening energy crisis, double-digit inflation, abysmally low investment and rising unemployment. Its social agenda — roti, kapra, makan (bread, clothing, shelter) — stands grounded

Last week, I analysed the PML-N’s politics using the metaphors of ‘dots of hope’ and ‘morbid haze’ to signify hope and despondency respectively. Today, I will focus on the PPP’s politics using the same metaphors, though building a seamless narrative of the PPP is rather unrealistic because unlike the Sharifs-run PML-N, the existing PPP has much metamorphosed under President Zardari’s no-holds-barred style of politics.

First, the dots of hope. Undoubtedly the PPP’s ultimate plume has been its secular and liberal politics. Ironically though, its founder, Zulfikar Ali Bhutto, had expediently excommunicated a community of citizens, the Ahmedis, from Islam, and his political heir, Benazir Bhutto, also propped up and later legitimised the Taliban government in Afghanistan. But both were unquestionably wedded to secular and liberal values and tragically both fell victim to the very obscurantist and authoritarian forces that wanted to turn this republic into an absolutist Islamic emirate and a launching pad for the violent, Salafi version of jihad.

Indeed, from the dubious Pakistan National Alliance, which led to the fall of the elder Bhutto’s government in 1977, to the ongoing struggle between a liberal democratic Pakistan and a theocratic Pakistan, the PPP has been a bulwark of resistance to the conservative and authoritarian duo. The Zardari PPP has kept alive the liberal ethos of the party, though his detractors would claim that “he has no other option” given the US and establishment’s fight against Islamist terrorism, otherwise he would have also reneged on liberalism in the name of ‘reconciliation’.

Second, under the PPP-led government, the country has seen by far the most far-reaching constitutional reforms since the 1970s. As a result, the prime minister has become the pivot of executive power, parliament has regained its sovereignty, the judiciary is also reclaiming, though in fits and starts, its lost institutional moorings, and, more importantly, the administrative, legislative and financial powers have been devolved to the provinces, abolishing the concurrent list.

True, a real and effective constitutional democracy is still a far cry. Yet, once the initial rounds of institutional turf wars are over, the political system would find a lasting stability vis-à-vis the powerful institution, foreign powers and non-state actors. The telltale signs are already there. The executive-judiciary axes are beginning to conjoin, with occasional bouts of disruption; the defence ‘department’ is for the first time reeling from the combined judicial-public-media-political pressure due to its repeated security failures, persecution of media persons, and meddling in political and foreign policy issues.

Resultantly, the Foreign Office is coming out of the backwaters to which it had been pushed by the Inter-Services Public Relations, the media wing of the armed forces. The US-led western alliance, the old guardian of our military establishment, is also betting on a democratic Pakistan, which it believes is the only thing that can tame the fury of religious schism and bigotry, here and abroad. Amusingly, the US continues to hedge on the PPP government despite the latter’s ‘image problem’ and inability to protect it from the mounting public and institutional pressures for US unilateralism and the unbridled use of drones in FATA.

Moreover, for all the ills and fissiparous tendencies, the ongoing democratic openness has brought home a universal realisation that no strategic agendas or narrow tactical moves can achieve efficacy or success without public support. It is this realisation that makes both the US and the establishment wary of the rising power of democratic institutions, media and public opinion. As a result, the PPP government has entrenched its position vis-à-vis the US and the military establishment, knowing full well that both need it in their respective interests.

Finally, putting aside the ideological imperatives, the PPP has ended ‘tribal politics’, initially mending fences with the PML-N, and now with the Chuadhries of Gujarat, its ‘sworn enemies’. This is realpolitik at its best. This alliance has not only drastically transformed the electoral and political landscape of central Punjab, the PML-N’s stronghold, it has also enabled the PPP to exploit the three ongoing spates: the US-GHQ, the PML-N-GHQ and the media-GHQ. Also, it is no more losing sleep over being bitten by its old bed bug, the MQM.

And now the morbid haze caused by the PPP’s politics. The PPP may have come out of troubled waters, but the country remains mired in a range of existential threats. Its policy and performance failures are many but only the glaring ones are discussed. ….

Read more → Daily Times
http://www.dailytimes.com.pk/default.asp?page=201175story_5-7-2011_pg3_2

The biggest hurdle to the better future of Pakistan

Survival of the self-centered

By Badar Alam

Excerpt:

…. In another indication that the army continues to overstep institutional boundaries, the press release has invoked popular endorsement for the army. The question is why it needs such an endorsement if it is carrying out its official functions of maintaining national defence and internal security as it should. Is it hankering after direct public support because it does not operate under a constitutional arrangement in which a people’s will is solicited and channeled into the policies of the government through democratically elected institutions? Effectively the army has become a supra-constitutional organisation that bypasses, and sometimes also subverts, the writ of the people in their very name.

If the army is a government department, with its rights and responsibilities laid down under the constitution mandated by the people of Pakistan, does it then perform as a government department? No, it is not. Postal services, for example, do not set ideological goals for them and they do not seek direct public support in discharging their duties; they just deliver letters as they are supposed to do under the legal, institutional and constitutional provisions that govern their functioning.

The army, indeed, needs to do what it is supposed to do under the law and the constitution – and that excludes a lot of what it is doing now. First and foremost, it needs to start observing its institutional limits and stop talking and acting beyond its constitutional mandate. If it cannot do that, and it seems it does not want to, no amount of loud declarations about its pious intentions and even louder condemnations of the ‘divisive designs’ of its alleged detractors will improve its image and performance.

To read complete article: DAWN.COM

The behavior of the Pakistani security establishment towards its nation is, as if it be the medieval rulers and the people are be its subject slaves

The obnoxious most, Military Apartheidism in Pakistan .

Issued by the Central Secretariat CPP:  (10.06.2011) The behavior of the Pakistani military towards its nation, is, as if it be the medieval rulers and the peoples are be its subject slaves . It is always above the established constitutional mandate, and that’s why it does not allow any civilian dispensation to function in peace . Whenever it suits, it would send even an elected prime minister to the gallows, or would forced him into exile.

Under this belligerent mind set, it has unleashed a holocaust on the people of Baluchistan, where dozens of the deformed and mutilated corpuses of the Balochi youth and progressive intellectuals and political workers shall be found all over the Baloch land, every day .

The Khyber Pukhtoonkhwa’s Swat, Dir Districts and its adjacent tribal area is made a paradise for the Jihadists and Al-Qaida terrorists, and no go area for its own inhabitants and a grave yard for the progressive political workers and law abiding peaceful innocent ancestral citizens. At the pretext of operation, will bombard and level whole towns and villages , where later on the innocent peoples dead bodies will be produced in front of the media, being terrorists and Taliban, where the captured terrorists are set scot free on pretext of lack of evidences to prove them guilty in the courts of law.

Innocents people including pregnant women are gunned down at the security check post in Kharotabad, Balochistan, progressive political leaders are shoot down at point blank and then their corpuses are sprinkled with Petrol and set to ablaze, in Sangarh, Sindh, is for now, no more unusual matter of the day.

Or Salim Shehzad’s like journalists are torchered to death. In a similar, one among the dozens of daily brutalities meted out to the poor people of Pakistan, is this heart wrenching and blood curdling shooting of Sarfarz Shah, a Karachi city’s resident’s most audacious and highly condemnable cold blood murder at point blank by the Security forces of Pakistan in a broad day light ,where the unfortunate victim succumbed to death due to bleeding, while pledging for medical aid after he was shoot on legs, was to no avail of human compassion. This heinous atrocity has no match, even to the Hulagu and Genghis Khan’s horrors against humanity .

Please watch the link to this brutality :

http://www.youtube.com/watch?feature=player_embedded&v=0mCbWIEk8qI

The Communist Party of Pakistan condemns this act of brutality in the strongest most possible terms and demands the Government of Pakistan for immediate and harshest punishment to the culprit scoundrels of this heart breaking barbaric incident.

Continue reading The behavior of the Pakistani security establishment towards its nation is, as if it be the medieval rulers and the people are be its subject slaves

Sindh should follow Khyber-Pakhtunkhwa’s example and announce formation of Sindh HEC

By Khalid Hashmani

It is time for the Government of Sindh to immediately announce creation of a Higher Education Commission of Sindh (HECS) and appoint a suitable person to head the HECS. Too much time has already been wasted in trying to protect an institution that has failed Sindh, Balochistan and the rest of country. Any hesitation on the part of the remaining provinces to form their higher education bodies will simply prolong the delay in the implementation of 18th Amendment. The current managers of HEC should stop their delaying tactics and work for an orderly devolution of HEC in the larger interest of the country before people of small provinces loose their trust and hopes in the democratic process that allows vested interests to sabotage duly passed constitutional amendments. If the centralization of HEC is maintained, history will record it a violation similar to the tyrannical actions of General Zia-ul-Haq and General Musharraf who violated the constitution so violently.

Continue reading Sindh should follow Khyber-Pakhtunkhwa’s example and announce formation of Sindh HEC

HEC injustices: The weak PPP govt. has cowed down again on HEC issue

HEC: Story Of Gross Injustices To Smaller Provinces

HEC injustices: Out of the total of 61 scholarships, no scholarship was awarded to any university in Balochistan while only one scholarship was awarded to a student from the University of Karachi, Sindh. 36 scholarships went to Punjab, 19 to Islamabad and 5 to Pakhtoonkhwa.

By Aijaz Ahmed

Islamabad: The country witnessed a high drama in the past few weeks as certain people with vested interests, some pro-establishment media hawks, bureaucrats and few so-called intellectuals created uncalled for hype and misgivings against the government decision to devolve the Higher Education Commission of Pakistan & hand over some of its powers to the provinces according to the 18th Constitutional Amendment. The opposition has cowed down the present government, weak as it is, and it may delay the devolution of a federal agency, which doesn’t have any justification to exist anymore. The education is a provincial subject and all the relevant subjects need to be transferred to the provinces, sooner the better.

Higher Education Commission like all other federal departments and agencies has been widely accused of following policies detrimental to smaller provinces. It is also accused of gross injustices in awarding scholarships and carrying out other projects completely ignoring the smaller provinces.

Read more :  Indus Herald

HEC issue to end up in the Supreme Court

By Zubair Shah

KARACHI: It is true that after the passage of 18th Constitutional Amendment, the Pakistani federation is inching towards the constitutional sketch made public in the Muslim League’s famous 1940 Lahore Resolution. However, this journey is not without a tough resistance by the country’s entrenched pro status quo centripetal forces, who would like to see a strong centre at the expense of federating units. Nothing highlights this phenomenon better than the drama around the planned devolution of the Higher Education Commission (HEC) announced recently.

Soon after the announcement, a smear campaign was launched by centripetal forces, who have been advocating and supporting the status quo based on numerous technical and legal grounds with apocalyptic predictions. …

Read more : Daily Times

Provincial Higher Education Commission to be formed in Sindh’

SINDH – KARACHI: Preparations have started for the formation of a provincial Higher Education Commission (HEC) in Sindh. Sindh Education Minister Pir Mazharul Haq stated this here on Thursday. He was of the view that it would be run in an effective manner and on the pattern of the “ Higher Education Commission (HEC).” Pir Mazhar said that eminent educationalists of Sindh would be made members of the provincial Higher Education Commission.

Courtesy: Daily Times

Devolution of HEC supported

PESHAWAR: The academia, civil society and youth from different parts of Khyber Pakhtunkhwa and Fata on Thursday through a resolution supported the devolution of Higher Education Commission (HEC) under the 18th Constitutional Amendment.

The resolution was unanimously passed by the representatives of various organisations and institutions during a conference arranged by Bacha Khan Trust Educational Foundation (BKTEF). …

Read more : The News

Devolution of HEC – the constitution must be respected

by Prof. Gul Agha

The constitution must be respected. The federal govt. can provide scholarships, research grants, coordination facilities, advisory boards, but it cannot control the administration of universities as it is against the federal nature of the state. This is how it is throughout the world in US, Canada, Germany and other democratic federal states. Educationists must respect and support constitutional rule.

Punjabi Language Movement

Punjabi Language Movement Protest Rally in Lahore

Punjabis’ legal, democratic rights ‘being usurped’

LAHORE, Feb 20: Constitutional, moral, legal and democratic rights of the Punjabi people are being usurped by the establishment, putting the integrity of Punjab in danger.

“Anti-Punjabi language forces within the establishment and anti-Punjabi mindset of the rulers are hampering enforcement of Punjabi as official, academic and legal language in Punjab,” said Punjabi Language Movement convenor Chaudhry Nazeer Kahut at a rally near Shimla Pahari on Sunday.

“The 150 years old undeclared and unofficial ban on basic education in mother tongue in Punjab be abolished and systematic cleansing of Punjabi language in Punjab be stopped. Punjab wants its mother tongue back. Punjabi children should be given basic education in their mother tongue just like the children in rest of the world.

The official discrimination against the mother tongue of 100 million people of Pakistan should be stopped immediately,” said a charged Kahut. …

Read more : http://www.apnaorg.com/articles/plm-4/

Robert Fisk

Robert Fisk: The destiny of this pageant lies in the Kingdom of Oil

The Middle East earthquake of the past five weeks has been the most tumultuous, shattering, mind-numbing experience in the history of the region since the fall of the Ottoman empire. For once, “shock and awe” was the right description.

The docile, supine, unregenerative, cringing Arabs of Orientalism have transformed themselves into fighters for the freedom, liberty and dignity which we Westerners have always assumed it was our unique role to play in the world. One after another, our satraps are falling, and the people we paid them to control are making their own history – our right to meddle in their affairs (which we will, of course, continue to exercise) has been diminished for ever.

The tectonic plates continue to shift, with tragic, brave – even blackly humorous – results. Countless are the Arab potentates who always claimed they wanted democracy in the Middle East. King Bashar of Syria is to improve public servants’ pay. King Bouteflika of Algeria has suddenly abandoned the country’s state of emergency. King Hamad of Bahrain has opened the doors of his prisons. King Bashir of Sudan will not stand for president again. King Abdullah of Jordan is studying the idea of a constitutional monarchy. And al-Qa’ida are, well, rather silent.

Who would have believed that the old man in the cave would suddenly have to step outside, dazzled, blinded by the sunlight of freedom rather than the Manichean darkness to which his eyes had become accustomed. Martyrs there were aplenty across the Muslim world – but not an Islamist banner to be seen. The young men and women bringing an end to their torment of dictators were mostly Muslims, but the human spirit was greater than the desire for death. They are Believers, yes – but they got there first, toppling Mubarak while Bin Laden’s henchmen still called for his overthrow on outdated videotapes.

But now a warning. It’s not over. We are experiencing today that warm, slightly clammy feeling before the thunder and lightning break out. Gaddafi’s final horror movie has yet to end, albeit with that terrible mix of farce and blood to which we are accustomed in the Middle East. And his impending doom is, needless to say, throwing into ever-sharper perspective the vile fawning of our own potentates. Berlusconi – who in many respects is already a ghastly mockery of Gaddafi himself – and Sarkozy, and Lord Blair of Isfahan are turning out to look even shabbier than we believed. Those faith-based eyes blessed Gaddafi the murderer. I did write at the time that Blair and Straw had forgotten the “whoops” factor, the reality that this weird light bulb was absolutely bonkers and would undoubtedly perform some other terrible act to shame our masters. And sure enough, every journalist is now going to have to add “Mr Blair’s office did not return our call” to his laptop keyboard.

Everyone is now telling Egypt to follow the “Turkish model” – this seems to involve a pleasant cocktail of democracy and carefully controlled Islam. But if this is true, Egypt’s army will keep an unwanted, undemocratic eye on its people for decades to come. As lawyer Ali Ezzatyar has pointed out, “Egypt’s military leaders have spoken of threats to the “Egyptian way of life”… in a not so subtle reference to threats from the Muslim Brotherhood. This can be seen as a page taken from the Turkish playbook.” The Turkish army turned up as kingmakers four times in modern Turkish history. And who but the Egyptian army, makers of Nasser, constructors of Sadat, got rid of the ex-army general Mubarak when the game was up?

And democracy – the real, unfettered, flawed but brilliant version which we in the West have so far lovingly (and rightly) cultivated for ourselves – is not going, in the Arab world, to rest happy with Israel’s pernicious treatment of Palestinians and its land theft in the West Bank. Now no longer the “only democracy in the Middle East”, Israel argued desperately – in company with Saudi Arabia, for heaven’s sake – that it was necessary to maintain Mubarak’s tyranny. It pressed the Muslim Brotherhood button in Washington and built up the usual Israeli lobby fear quotient to push Obama and La Clinton off the rails yet again. Faced with pro-democracy protesters in the lands of oppression, they duly went on backing the oppressors until it was too late. I love “orderly transition”. The “order” bit says it all. Only Israeli journalist Gideon Levy got it right. “We should be saying ‘Mabrouk Misr!’,” he said. Congratulations, Egypt!

Yet in Bahrain, I had a depressing experience. King Hamad and Crown Prince Salman have been bowing to their 70 per cent (80 per cent?) Shia population, opening prison doors, promising constitutional reforms. So I asked a government official in Manama if this was really possible. Why not have an elected prime minister instead of a member of the Khalifa royal family? He clucked his tongue. “Impossible,” he said. “The GCC would never permit this.” For GCC – the Gulf Co-operation Council – read Saudi Arabia. And here, I am afraid, our tale grows darker.

We pay too little attention to this autocratic band of robber princes; we think they are archaic, illiterate in modern politics, wealthy (yes, “beyond the dreams of Croesus”, etc), and we laughed when King Abdullah offered to make up any fall in bailouts from Washington to the Mubarak regime, and we laugh now when the old king promises $36bn to his citizens to keep their mouths shut. But this is no laughing matter. The Arab revolt which finally threw the Ottomans out of the Arab world started in the deserts of Arabia, its tribesmen trusting Lawrence and McMahon and the rest of our gang. And from Arabia came Wahabism, the deep and inebriating potion – white foam on the top of the black stuff – whose ghastly simplicity appealed to every would-be Islamist and suicide bomber in the Sunni Muslim world. The Saudis fostered Osama bin Laden and al-Qa’ida and the Taliban. Let us not even mention that they provided most of the 9/11 bombers. And the Saudis will now believe they are the only Muslims still in arms against the brightening world. I have an unhappy suspicion that the destiny of this pageant of Middle East history unfolding before us will be decided in the kingdom of oil, holy places and corruption. Watch out. ….

Read more : The Independent.co.uk

The International Day Against State Religion

Power concedes nothing without a demand. It never did and it never will. – Frederick Douglass

By Ghulam Mustafa Lakho

The best constitutional, non-violent and peaceful way to win the right of EQUAL CITIZENSHIP is to DEMAND repeal of the STATE RELIGION from the Constitution. I have the honor to propose “INTERNATIONAL DAY AGAINST STATE RELIGION.” Let us fix the 11th day of August as “INTERNATIONAL DAY AGAINST STATE RELIGION.” I hope that the foundation of such Day (IDASR) will set individuals and groups in motion to openly express their views against the State Religion. Let us urge all the countries of Europe and all the other civilized nations around the world including United Nations to recognize this DAY.

Read more : INTERNATIONAL DAY AGAINST STATE RELIGION

Pakistan will have up to eight national languages

NA bill proposes eight `national languages`

By Raja Asghar

ISLAMABAD: Pakistan will have up to eight national languages — not just Urdu — if a private bill introduced in the National Assembly on Tuesday without any government objection is passed by parliament as a constitutional amendment.

The introduction of the long-pending and potentially divisive bill came after the government said it had no objection to the process, but there was no immediate indication if the ruling Pakistan People`s Party (PPP) would actually back the draft, most of whose 22 authors are its members, with Nawab Mohammad Yusuf Talpur on the top of the list, along with some well-known members of the opposition Pakistan Muslim League-Q. …

Read more : DAWN

How easily we forget Nawaz Sharif’s attack on Supreme Court

Link

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Protesters halt Pakistani PM court case – BBC

The trial of Pakistan’s Prime Minister, Nawaz Sharif, has been halted after his supporters forced their way into the Supreme Court building in Islamabad.
Protesters shouted abuse against the Chief Justice, Sajjad Ali Shah, who was hearing a case of contempt of court, which could lead to the Prime Minister’s disqualification if he is found guilty. The court adjourned for the day.
The protest is the latest twist in the country’s constitutional crisis, which started over the appointment of five new judges to the Supreme Court.

Mr Ali Shah charged Mr Sharif with contempt after his outspoken criticism of the candidates. Mr Sharif responded by trying to remove him from office.

The two men are under considerable pressure from the country’s powerful armed forces to resolve the situation constitutionally.
Mr Ali Shah’s position in the court has become increasingly uncertain after an internal struggle emerged in the Supreme Court over his status. Four of his fellow judges in two separate hearings ruled he was suspended from office because he was not the most senior judge when he was appointed.
Friday’s trouble started when one of Mr Sharif’s Members of Parliament climbed over the gates in front of the court to get inside.
A crowd of a few hundred party supporters then began to follow him and, as the police and the security forces in riot gear stood by and did nothing, they pushed open the gates and ran into the court compound.
A few members of the crowd got into the court building and ran to windows and onto the roof of the entrance, chanting slogans against the Chief Justice.
Amid the commotion a court official ran to the courtroom and said the Chief Justice was in danger. The judges immediately adjourned proceedings and left the room.
Courtesy: BBC

Indian Parliamentarian takes oath in Sindhi

MP Mavindra Singh

Not only do many in Western Rajasthan (Eastern Thar) speak Sindhi as a native language, others Rajasthanis also know and prefer Sindhi to Hindi/Urdu. Member of Parliament (Rajasthan, India) Manvendra preferred to take oath in Sindhi which is recognized as one of India’s constitutional languages. Not only do many in Western Rajasthan speak Sindhi, the language and culture of all of Thar is very much like Sindh’s. People sing songs of Shah Latif in this area.. Mumali Raarno is a folktale from this area that is remembered through Shah Latif’s poetry in Sindh and all over Thar. Plenty of other MPs had their families cheering too from the Distinguished Visitors’ gallery. There was the Pilot clan — Sachin Pilot’s mother Rama, wife Sara Abdullah, sister Sarika and brother-in-law; Jaswant Singh’s son Manvendra had his wife, mother, and brother cheering. The former finance minister himself preferred a relatively obscure seat in the Rajya Sabha gallery from where he could watch his son who took oath in Sindhi (as Rajasthani is not a recognised language, Manvendra later said).

Courtesy: –  Indian Express, Friday, June 04, 2004.

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Unfortunately, Pakistan not only refuses to recognize Sindhi as a national language of Pakistan and has effectively blocked the implementation of Sindh’s decision to use Sindhi as its official language in Sindh.