Tag Archives: Iftikhar

Difa-i-Pakistan Council (DPC) alliance of Jamatud Dawa (JuD), Ahle Sunnat Waljamat (formerly known as Sipah-e-Sahaba), Jamiat Ulema Islam (JUI), & Jamat-e-Islami (JI) are doing long march against the resumption of Nato supplies

Saying ‘no’ to NATO: DPC long march enroute to Gujranwala

By Web Desk / Rana Tanveer / Zahid Gishkori

LAHORE: The long march against the resumption of Nato supplies through Pakistan as announced by Difa-i-Pakistan Council (DPC) started from Lahore on Sunday and is expected to reach Islamabad tomorrow, Express News has reported.

Hundreds of cars were part of the procession.

The participants included activists from Jamatud Dawa (JuD), Ahle Sunnat Waljamat (formerly known as Sipah-e-Sahaba), Jamiat Ulema Islam (JUI), and Jamat-e-Islami (JI).

JI’s caravan had already reached Nasir Bagh under the leadership of Amirul Azeem where JuD ‘s caravan, led by Hafiz Mohammad Saeed, joined it.

JuD’s caravan had proceeded from Masjid-e-Shuada where JI leader Sayed Munawar Hasan, DPC chairman Molana Samiul Haq, former ISI chief General (r) Hamid Gul, his son Abdullah Gul, Pakistan Ulema Council head Maulana Tahir Ashrafi and other leaders joined them. The leaders were mounted on a truck, which also doubled as a moveable stage.

A number of JD and Hizbul Mujahideen activists were providing security to the truck.

The leaders delivered speeches at Istanbul Chowk at The Mall in front of Town Hall.

Addressing the protesters, Maulana Samiul Haq said they were holding a long march to save Pakistan and Afghanistan from the clutches of the US, adding that their movement would continue until complete withdrawal of US forces from Pakistan and Afghanistan.

He said suspension of Nato Supply is one of their goals, urging the masses to join them towards Islamabad. ….

Read more » The Express Tribune

The Collapsing State of Pakistan!

By Saeed Qureshi

Living in Pakistan for most of the Pakistanis is nothing short of a persistent nightmare and an unrelenting trauma. The Pakistani society is rapidly decaying and could be pictured as rotten. The rulers and the coterie of leaders do not shy away from heaping miseries, humiliations and deprivations on a nation that was born some six decades ago. The people have been subjected to horrendous civic and social deformities that could equate Pakistan with some of the obscure African countries where life is at a subhuman level and human civilization is yet to make its presence felt.

The dignity, the self esteem, the honor and the moral principles look like unpalatable anathema to the politicians of Pakistan. The, shameless leaders, the brazen-faced politicians and the parliamentarians are like leeches sucking the blood of the people and turning that hapless segment of humanity into living corpses.

Water, let alone potable, is becoming a luxury to be bought with money. The electric power for a society is like blood in human veins. This indispensible amenity is not only horrifically scarce but callously expensive. Because of the load-shedding patently a cover- up for acute power shortage, a whole nation is developing mental disorders and sinister psychological disabilities.

The social sector is in an indescribable mess. The Health, education, transport, environment, institutions, departments, railways, roads, dams, manufacturing units, mills, factories, moral moorings, individual ethics, are in state of rapid decay. If we try to look around for good governance among various societies in the modern times, Pakistan cannot be among them. If you picture Pakistan in your mind, you may visualize the deterioration of such essentials features as order, discipline, peace, decency, honesty, fairness, mutual respect, and self-esteem.

Continue reading The Collapsing State of Pakistan!

Our right to know

By Saroop Ijaz

The refusal of the Supreme Court Registrar to render to the Public Accounts Committee any details of the plots ostensibly allotted to the Honourable Judges leaves a distinctive and familiar bad taste in the mouth. The reason put forth by the Registrar is that according to Article 68 of the Constitution, no discussion can take place in parliament regarding the conduct of any judge of the Superior Courts  “in discharge of his duties”. The argument is indeed peculiar since I certainly hope that the Registrar is not implying that the land was acquired in discharge of duties. Let us get a few things clear at the outset; firstly, no allegation has been made against any judge or the judiciary. Secondly, even if an extra plot was accepted, it forms no basis of a prima facie misconduct. In this light, the reluctance or the outright denial seems faintly paranoid and defensive, in any event puzzling. I have a feeling that because the Supreme Court thinks that parliament is made up of incompetent crooks, it (the SC) cannot and should not subject itself to scrutiny by them. If that is so, the problem should be obvious: clichés likes “checks and balances”, “who will guard the guards” etc. The SC is empowered to interpret the law and decide what is permissible, yet the refusal comes too close to ambitiously high-minded self-comparisons with two of the four Caliphs. I am against anyone being held to the standards of the pious Caliphs and quite content with imperfect temporal constitutional standards. Yet, to the cynic it may seem as what can be colloquially termed as a “having-it-both-ways” approach.

Continue reading Our right to know

Supreme Court and Public Accounts Committee

by Marvi Sirmed

Sharing with you this important document, which has left me shocked and extremely disappointed in the ‘wisdom’ of those who need to be the wisest. Amid all kinds of corruption allegations on politicians being pursued by the Supreme Court of Pakistan (SCOP), one case got special treatment by the worthiest men of this country – the graft case of Mr. Arsalan Iftikhar. Iftikhar is a 34 years old ‘innocent boy’ who was reportedly ‘lured’ into accepting a not-s-small sum of money from one Malik Riaz, the real estate tycoon who knows how to make the mare go. The innocence of Mr. Iftikhar is further proven by the fact that he happens to be the son of Chief Justice of Pakistan. The case was thus, taken up by none other than CJP himself, as a suo-moto action under Section 184(3) which allows the CJP to move the court if the case pertains to violation of fundamental rights and is of public interest. The case, definitely is of public interest and violates Mr. Iftikhar’s right to remain innocent for the rest of his life! The case, as was right thing to do, was disposed of by mildly lecturing all parties to ‘behave’.

Why is it important to recall Mr. Iftikhar? Because his was not the only case where the worthy court to be partisan for its own interest. Responding to Public Accounts Committee, the elected watch body over the Auditor General of Pakistan that called Registrar of Supreme Court to present himself before the Committee and explained some overspending by the SCOP. Guess what happens next? The wise men in SCOP, came up with a document that conveniently leaves everyone in the SCOP outside the ambit of any elected watch body that oversees the transparency of financial transaction by public institutions including SCOP. Have a lok over how the Registrar of SCOP – an official who is not a judge – exonerates himself from legislature’s scrutiny.

One wonders who is going to ensure transparency when even the most responsible institutions of this country try to evade law on the pretext of law. Ironic and sad. The language used in this document and disregard for transparency makes my wish it must not be what the worthy men in SCOP meant. Have a good reading experience please!

Supreme Court, Pakistan, Chief Justice, Arsalan Iftikhar, Auditor General, Public Accounts Committee, Parliament, Judiciary, Pakistan …..

Read more » BAAGHI

http://marvisirmed.com/2012/07/08/supreme-court-and-public-accounts-committee/

Gilani’s sentence proves no one is above the law: Chief Justice

By Zeeshan Mujahid

KARACHI: The contempt of court case against former prime minister Yousaf Raza Gilani proves that every individual, irrespective of his position, is subject to the law, said Chief Justice Iftikhar Muhammad Chaudhry while addressing a lawyers’ ceremony at the Supreme Court Karachi registry on Saturday.

The chief justice added that action was taken against Gilani under the contempt of court law because the chief executive of the country defied court orders, and added that the implementation of court orders is the duty of the executive, which has been explained adequately in Article 190 of the Constitution.

Addressing the issue of immunity provided to the elected representatives, the chief justice said that if a person elected by the people violates the Constitution, then it is the duty of the courts to stop him.

Continue reading Gilani’s sentence proves no one is above the law: Chief Justice

Foreign magazine castigates CJP as an ‘unelected judge’

ISLAMABAD – Time magazine, a foreign-based magazine, has targeted CJP Iftikhar Muhammad Chaudhry for being ‘a lazy-eyed abrasive, un-charismatic, and visibly uncomfortable for scripted speeches’.

Expressing fears that taking suo motto notice, and by keeping ‘ his (CJP’s) unending pursuit of President Zardari, might endanger democracy’ (a notion often wielded by ruling party as a sword of Damocles over any critic /analyst or even a well-wisher), the media source terms CJP as “an unelected judge (elected judges!?) , who has shown no letup in his vendetta against an elected prime minister and President Zardari, even at the cost which the country would end up paying(!?)

This, despite the fact that Pakistan/democracy has nevertheless withstood countless ‘indispensable democratic (and non-democratic) heroes’ in past with aplomb.

The media source does not even spare CJP’s accepted ancestral honesty amid a hornets’ nest infested with blatant corruption and blind power, terming it as the source of CJP’s ‘obdurate and unending Robin Hood attitude’.

Courtesy: Pakistan Today

http://www.pakistantoday.com.pk/2012/07/07/news/national/foreign-magazine-castigates-cjp-as-an-unelected-judge/

Pakistan – government, allies agree to amend constitution again

ISLAMABAD: The government and its coalition partners late on Friday agreed to bring 21st and 22nd constitutional amendments, which will also allow dual nationals to contest elections, DawnNews reported.

The meeting at the Presidency was chaired by President Asif Ali Zardari, Prime Minister Raja Pervez Ashraf and former premier Yousuf Raza Gilani also attended it.

Federal Law minister Farooq H. Naek briefed the meeting over proposed bills regarding contempt of court and dual nationality before tabling it in the National Assembly.

The meeting approved 21st and 22nd amendments in the constitution. The latter will allow people having dual nationality to participate in general elections.

The law minister also informed the meeting that process of related lawmaking was in progress over contempt of court issue.

The meeting also decided to protect decisions taken by former PM Gilani between April 26 and June 19.

Continue reading Pakistan – government, allies agree to amend constitution again

Parliament not sovereign – Justice Khawaja

PRESS RELEASE: Dated: 3-July-2012 – Earlier today the Supreme Court released the detailed judgment in the Speaker’s Ruling case. On 19th June 2012, the Court had passed a Short Order, upholding petitions challenging the ruling of Speaker of the National Assembly, Dr. Fehmida Mirza. After the conviction of the former PM Yusuf Raza Gilani, the Speaker had to decide whether or not to make a reference to the Election Commission for Mr. Gilani’s disqualification. The Speaker decided that no question of disqualification had arisen, despite the PM having earned a conviction for contempt from the apex Court. Various petitioners, including PTI and PML-N challenged the Spreaker’s ruling. While hearing these petitions, the Court found the Speaker’s decision to be against the law and held that the PM did indeed stand disqualified to be a member of the Parliament. Today detailed reasons have been given for this order.

Continue reading Parliament not sovereign – Justice Khawaja

Parliament cannot discuss SC judges’ conduct: SC

Supreme Court has said PAC cannot carry out audit of apex judiciary as per Article 58.

According to a report presented to the Public Accounts Committee (PAC) on Tuesday morning three existing and twelve retired judges of the Supreme Court received two residential plots each worth millions of rupees in expensive sectors of the federal capital.

The Supreme Court (SC) refused to provide audit report details to the Public Accounts Committee (PAC) saying the Parliament cannot review judges conduct.

This was said in a reply written by Registrar Supreme Court to the Chairman Public Accounts Committee with the consent of full court bench of the Supreme Court in which it is mentioned that constitution prohibits PAC to call any official including Registrar of the apex judiciary, however President, being head of the state has the authority to decide about the consultative sphere of the Supreme Court, so the committee should consult President of Pakistan

If the committee is interested in a formal court order, it should approach the president , the letter said

The letter referred to Article 68 which said: “No discussion shall take place in [Majlis-e-Shoora (Parliament)] with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties”.

It is worth mentioning here that on the orders of former Chairman PAC Chaudhary Nisar Ali Khan, a letter was written to the Registrar Supreme Court for presenting its accounts before the committee, however it was not dispatched at that time. But new chairman Nadeem Afzal Chan ordered to dispatch it.

Courtesy: Dunya News Tv

http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9ODgxMzc=

Via – twitter

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More detials » BBC urdu

http://www.bbc.co.uk/urdu/pakistan/2012/07/120703_pac_judges_sa.shtml

Chief Justice is responsible for the crisis – by Sikandar Mehdi

Justice (r) Fakhurddin J Ibrahim, a respected jurist also known to have close relationship with Nawaz Sharif & PML-N has very different opinion of CJs’ ruling while PML-N & PTI are trying to ride on the back of judiciary. On this program he openly criticized judiciary but after he left the show the ultimate Legal Expert Dr. Shahid Masood criticized him with some lame and frivolous examples.

Our media is acting like Toilet Paper of judiciary especially. Everybody criticized Iftikhar M****l except Pakistani media. All international media and especially Indian SC judge has openly criticized this Clint Eastwood style of Justice (Clint Eastwood had no PCO oath and definitely no son like Arsalan). Since the judicial coup not even a single international outlet has praised the decision but rather labelled it as ” REVENGE DECISION”. This farce called judiciary is bent on taking PPP government down but instead they are making heroes out of fallen leaders. Mr. Iftikhar m****l no matter what you do, you can never legally become president or the Prime Minister of Pakistan. Your wish can only be served by illegal means. It is matter of discussion, want you want to name it Bangladesh model, revolution, judicial restraint, National interest, but between you and the whole world, it will still be ILLEGAL.

Media pundits who have continuously spread right wing pro Taliban/Al-Qaeeda agenda are now the Legal experts too. Our supreme court is in hyper drive with Dual core Pentium 10 processor to derail democracy or at least weaken it. First I was of the opinion that instead of having all this democratic set up and continuous military interruptions, why not make COAS to be president of the country but now I think why not make CJ the president of the country and let him run this bloody show. Forget Bangladesh model, make a new Pakistani model. After 62 years of independence we are still searching for damn models. We had military governments, we had imported PM’s governments, we had technocrat governments, we had lota governments, we had Ameer ul Momineens and why the not this new thing. We love experimentation what the heck, have this Judge be the president, CJ, PM and do what ever he wants to do with this unfortunate country self proclaimed Fort of Islam, leader of Ummah country. Mr. CJ go a head and make Mullah Omar the president of country if it serves you better.

As the time goes by I fail to see any light left for democracy in this hell bound country. First this weak political government couldn’t provide par excellence governance but rather a bad performance, then on top of it we have this PCO loving judiciary backed by media and right wing political parties harking to shut down this democracy-wemocracy bullshit.

This social fibre of this country was destroyed by uneducated bearded mullah with its out of the world interpretation of religion and now we have this bloody new kind of BUFOONS ***** and **** who are interpreting constitution for us. God help us.

Fawad

Need to watch at least first 15 minutes renowned jurist & former judge of Supreme Court of Pakistan, Justice Fakhruddin G. Ebrahim says Parliament is Supreme and CJ is responsible for the crisis.

Faisla Aapka with Asma Shirazi, 26th June 2012

Courtesy: LUBP

http://criticalppp.com/archives/82076?utm_source=twitterfeed&utm_medium=twitter

Via – Siasat.pk » YouTube » Twitter

Imran Khan says beheadings in Swat are Pakistani propaganda

Courtesy: Dr. Danish with Imran Khan + Pakistani Tv channels + YouTube

Via – Twitter

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Read more » Taliban release video of beheaded Pakistani soldiers

More on beheadings of Pakistani soldiers » BBC

http://www.bbc.co.uk/urdu/pakistan/2012/06/120627_taleban_dir_video.shtml

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Pakistani Taliban release video of beheaded Pakistani soldiers. Warning: The content of this video is extremely graphic. The video shows the aftermath of the beheadings of 17 Pakistani soldiers.

Read more: http://www.longwarjournal.org/archives/2012/06/pakistani_taliban_re_3.php#ixzz1zDYyQEZH

Humor on current situation of Pakistan – 7th Nuclear Power

There Are Seven Nuclear Powers In The World.1st, 2nd, 3rd, 4th, 5th & 6th Nuclear Countries Are Thinking About How To Do Advancements In Space & How To Make A Permanent Station On Moon.

& The 7th Nuclear Power Is Debating On;

Load Shedding“, “Ramzan Ka Chand“, “Polio Ke Qatry Halal Ya Haram?”, “Iodine Mila Namak Aur Baanjh Pan?”, “Cheif Justice Hero Ya big Zero?” “Veena Malik”, “Rehman Malik”, “Riaz Malik“, “Tuk Tuk Misbah”, “Zubaida Aapa“,

Pakistan Zinda Baad, Pehlay Pakistan Sa Zinda Baag…

Courtesy: Pakistani e-lists, e-groups, 28 June, 2012.

‘Ousting PM instead of Parliament is the new khaki tactic’

By: Adnan Farooq

It goes without saying that the first thing which the Supreme Court will ask the next PM to do is to write the letter to the Swiss authorities. He will refuse too and the game continues

The Supreme Court’s verdict to disqualify Prime Minister Yusuf Raza Gillani “is not a routine democratic change”, according to Ayesha Siddiqa. “In fact, it represents the new tactics of the military and its agencies,” she says.

Author of ‘Military Inc’, Ayesha Siddiqa is internationally known analyst on military and political affairs.

Commenting on the latest political developments in the country in an interview with the Viewpoint, she says: “Instead of ousting the entire Parliament, the military gets rid of prime ministers which has the same effect meaning a weak democracy. The judges seem to have become party to this”. Read on:

The opinion on Supreme Court’s verdict on Prime Minister Yusuf Raza Gillani’s disqualification is divided. In general, the Opposition is hailing the verdict while the PPP and liberal circles are presenting it as a coup by other means. How do you assess the situation?

This is an intense political battle in which the Supreme Court is not neutral but a party as well. Look at the Supreme Court’s comparative behavior. There are times when it bails out murderers and looters but does not spare the ruling party in particular. Its wrath is mainly for the PPP and the chief judge seems to be making sure that he can ensure the PPP government’s ouster especially since he is now worried about his son being investigated.

Continue reading ‘Ousting PM instead of Parliament is the new khaki tactic’

The Washington Post – Pakistan’s Supreme Court sets collision course with new prime minister

By Richard Leiby

ISLAMABAD, Pakistan–Pakistan’s Supreme Court on Wednesday demanded that the nation’s brand-new prime minister follow an order to reopen a long-dormant corruption case against President Asif Ali Zardari, setting up the likelihood of a continuing constitutional crisis.

The court last week disqualified from office Yousuf Raza Gilani, Pakistan’s longest-serving prime minister, whom it convicted of contempt in April because Gilani refused to follow the same order.

The ruling party replaced Gilani with a former federal energy chief, Raja Pervez Ashraf, who has already indicated he will not comply with the order and who faces his own set of corruption charges in a separate case before the high court.

Some political and legal observers have accused the court, headed by populist, corruption-battling chief justice Iftikhar Chaudhry, of working to destabilize an already-shaky civilian government. Ashraf and his predecessor maintain that the constitution grants the president immunity from prosecution, but the court has consistently ruled otherwise, saying no one is above the law. …..

Read more » The Washington Post

‘Arsalan graft issue was a conspiracy’

LAHORE: Prominent lawyer and human rights activist Asma Jahangir said the Arsalan Iftikhar issue was a conspiracy hatched to threaten the judges, Geo News reported.

She was talking to reporters at the Lahore High Court. Asma said that the motive behind this was to wrap up the democratic setup and to threaten the judiciary, adding that those who created Tehrik-e-Insaf were the conspirators. …

Read more » The News

Double Standard – Only judges allowed to be dual nationals.

Dual-national MPs insist loyalties lie with Pakistan

By Azam Khan

Excerpt; … Dual nationality holding parliamentarians, however, defended their loyalty towards Pakistan before a three-judge bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry.

If we allow dual nationality holders to enter into our assemblies, then imported prime ministers will come to rule us, the chief justice said.

Senator Wasim Sajjad, counsel for MNA Farahnaz Ispahani, said it was not realistic to question someone’s loyalty on the basis of dual nationality and to suspend their membership from the assembly subsequently.

The court suspended Ispahani’s basic membership a month ago on the grounds that she had US citizenship. Meanwhile, former senator Rehman Malik is also fighting for restoration of his membership before the court.

No impediment for judges

The chief justice remarked that the court would not allow a foreign citizen to have direct access to nuclear facilities and other secrets of the country.

Why are there no such impediments for some other tops slots, like the auditor general, high court judges or chief justices, Ispahani’s counsel remarked.

Justice Khilji Arif Hussain said that high court judges never sit in defence committee meetings or have direct access to the Kahuta facility.

A high court judge is authorised to suspend a prime minister and can also seek record and minutes of sensitive meetings of the defence and parliamentary committees, Sajjad replied.

The chief justice asked him to remain specific to the case. ….

Courtesy: The Express Tribune

What to Do About Pakistan

BY C. CHRISTINE FAIR

With an “ally” in a state of perpetual dysfunction, it’s time for Washington to reconsider its options: containment or benign neglect.

Excerpt: …. “At long last, it seems, various agencies of the United States government have come to the conclusion that Pakistan cannot be changed. Islamabad’s behavior in the region will remain staunchly pegged to its antipathy toward New Delhi. It will pursue policies that threaten the integrity of the Pakistani state for no other reason but the chimerical objective of resisting the obvious rise of India, while clinging to the delusion that it is India’s peer competitor — despite obvious and ever-growing disparities. Finally, Americans are asking what Pakistanis have long concluded: How can the United States and Pakistan have any kind of positive relationship when our strategic interests not only diverge but violently clash?…….While some may view these offerings as unreasonable, reckless, dangerous, and irresponsible, it is equally fair to ask whether Washington’s decades of policies toward Pakistan have been unreasonable, dangerous, and irresponsible? Moreover, what good have they accomplished? While many policymakers and analysts are willing to bank everything on the gamble that Pakistan is too dangerous to fail, we should be willing to consider what failure would mean and the inherent costs and benefits of this happening. After all, when the Soviet Union fell, none of the worst fears materialized. And Pakistan is hardly the Soviet Union” ….

Read more »Foreign Policy (FP)

http://www.foreignpolicy.com/articles/2012/06/21/what_to_do_about_pakistan?page=0,1

The real reason for the rot – Mir Mohammad Ali Talpur

There is absolutely no challenge to what the army does or has done in the past and this too is a natural corollary of the genesis of this state

Nations are products of long historical and evolutionary processes; most present nation states evolved thus. But when states are formed on an artificial basis of contrived nationhood or on the basis of religion, as was the case with Pakistan, Israel and Yugoslavia, they of necessity turn into fascist states, dominated by a militarist ideology. Serb-dominated Yugoslavia denied rights to other nationalities and eventually imploded. Pakistan by claiming to be the legatee of the glory of Islam burdened itself with heavy historical baggage, but then it could not have done otherwise as it was that claim that it wanted to justify its artificial existence with. Consequently, Pakistani rulers in keeping with its elite’s interests curtailed national rights of different nationalities, and forced them to rally under the banner of religion and to accept its ideology by upholding their brand of Pakistani nationalism.

The Baloch, Bengalis, Sindhis and to a certain extent, the Pashtuns resented and resisted this imposition in varying degrees. The Bengalis having had the advantage of distance and a sympathetic neighbour went their separate way in 1971, while the Baloch after an initial period of freedom have borne the brunt of military operations because of their refusal to accept the artificially imposed ideology of a Muslim nation and have so far thwarted the attempts to crush their determination for a separate entity status. The Sindhis, at first taken in by state-sponsored ideology, gradually realised that their interests did not coincide and have resisted it though erratically at best since.

Continue reading The real reason for the rot – Mir Mohammad Ali Talpur

Pakistan’s gun-slinging chief justice faces backlash

…. But the CJP, too, has got his fair share of criticism. Some say the decision to disqualify Gilani smacks of a grudge match cheered on by his allies in Pakistan’s boisterous media.

Legal experts have questioned whether Justice Chaudhry may have exceeded his powers by ousting the prime minister, arguing that there were other options available to resolve the stand-off with Zardari’s government. “It’s my impression that the judgements are highly politicised,” said Asma Jahangir, a respected human rights lawyer. “The populist approach of the chief justice will destabilise the democratic process.” ….

Read more » Daily Times

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Click to read » Philippine Senate voted to remove Supreme Court Chief Justice

Kurd unhappy over SC verdict on NRO

By Iftikhar A. Khan

The judgment appeared to be based on newspaper headlines and talk shows of private TV channels: Ali Ahmed Kurd.—Photo by APP

ISLAMABAD Ali Ahmed Kurd, the firebrand leader of the lawyers` movement and former president of the Supreme Court Bar Association, who has been keeping quiet for quite some time, surprised a lot of people on Tuesday with his blunt criticism of the way the Supreme Court was behaving. Judges should “behave like judges”, he said.

Continue reading Kurd unhappy over SC verdict on NRO

Ashley Tellis: Pakistan’s Impending Defeat in Afghanistan – Rawalpindi refuses to see the writing on the wall.

Pakistan’s Impending Defeat in Afghanistan

By: Ashley J. Tellis

Pakistan’s Enduring Aim

Ever since the Soviet invasion of Afghanistan, Pakistan has had one simple strategic goal on its western frontier: ensuring that Afghanistan remains a stable but subordinate entity deferential to Pakistan’s sensitivities on all matters of national security. Such deference was sought for a host of reasons. Islamabad wanted a guarantee that Kabul would not reignite the dispute over the countries’ common border (the Durand Line) and would not seek to mobilize the region’s Pashtun populations in support of either absorption into Afghanistan or the creation of a new nation. The Pakistani leadership also aimed to ensure that Afghanistan would not enter into close geopolitical affiliations with other, more powerful countries, such as the United States or India, in order to increase Kabul’s autonomy from Islamabad.

Amid the chaos that emerged after the Soviet withdrawal from Afghanistan, Pakistan settled on supporting the Afghan Taliban as its strategic instrument for securing Kabul’s compliance with its objectives. Although the Taliban were not always dependable surrogates on these matters, they appeared better than other Afghan rivals, and hence Islamabad—despite its denials—has stuck by them to this day.

Whatever the intended benefits of this strategy, it has alienated both the broader Afghan populace and the government in Kabul, which now views Pakistan as a habitually hostile neighbor. It has also undermined the U.S.-led international stabilization effort in Afghanistan, as well as hopes for a peaceful security transition—not to mention infuriating Washington, which now views Pakistan as a perfidious partner. And it has provoked heightened regional rivalry involving Afghanistan’s neighbors, especially Iran, India, the Central Asian republics, and Russia, all of whom are determined to prevent a Pakistani-supported Taliban takeover of Afghanistan.

Worst of all, Islamabad’s strategy promises to fundamentally undermine Pakistani security. Every one of the three possible outcomes of the Afghan security transition leaves Pakistan in a terrible place.

Destined for Failure

Read more » http://m.ceip.org/publications/?fa=48633

CJ Iftikhar Chaudhry should be asked to appear before Parliamentary Committee on Rules of Procedure and Privileges

In the light of recent commentaries by leading Pakistani and international lawyers including but not limited to Asma Jahangir, Justice Markandey Katju [Listen Justice Markandey’s interview at BBC urdu] (Indian Supreme Court), Saroop Ijaz etc, it is evident that Supreme Court of Pakistan has violated not only national constitution but also attacked the very foundation of parliamentary democracy in Pakistan.

Former Indian Supreme Court judge Justice Markandey Katju, writing in The Hindu recently, questioned what he said was the “lack of restraint” on the part of Pakistan’s superior judiciary. Justice Katdue wrote: “In fact, the court and its Chief Justice have been playing to the galleries for long. This has clearly gone overboard and flouted all canons of constitutional jurisprudence”. He said that Article 248, Clause 2 of the Pakistani Constitution very clearly states: “No criminal proceedings whatsoever shall be instituted or continued against the President or governor in any court during his (or her) terms of office”. He then went on to ask that if this is the case, how could a court approach what is a settled provision in the “garb of interpretation”?

The Pakistan Constitution draws its basic structure from Anglo-Saxon laws, which establishes a delicate balance of power among the three organs of the state — the legislature, the executive and the judiciary. However, in recent past, particularly since April 2012, Pakistan’s top judiciary led by Chief Justice Iftikhar Chaudhry has encroached into the elected parliament’s domain. This situation is not only a violation of Pakistan’s constitution but violates privilege of the elected parliament.

In his desire to become a saviour and hero of Pakistan, CJ Chaudhry has become a tool in the hands of politicians and media, and is through his actions and verdicts hurting Pakistan’s very security and stability.

Lawyer Saroop Ijaz writes:

Continue reading CJ Iftikhar Chaudhry should be asked to appear before Parliamentary Committee on Rules of Procedure and Privileges

When is the full coup? – by Mazhar Arif

The decision is being seen as the ‘decision by the Punjabi court’. The disqualification was celebrated and sweets were distributed only in Punjab

At last, the judicial coup!

Prime Minister Syed Yousaf Raza Gilani has finally been toppled. By whom? By the opposition parties with the support of ‘independent’ judiciary or by the ‘Supreme Judicial Party’ with the facilitation of opposition parties which challenged the National Assembly Speaker’s ruling through petitions? This is still under discussion. Some people say the court had the blessing of the army to do the task which the army itself could not do, though it has much experience of the sort, because of perhaps unfavourable strategic and geo-political conditions.

Others, however, are of the opinion that the apex court is a crucial part of the Pakistani establishment, which hardly believes in the supremacy of the parliament, and the verdict is outcome of its own loyalty towards the ideology of the state and the establishment. In this regard, they quote a recent observation made by Mr. Justice Jawad S Khwaja while hearing the contempt of court case against Mr. Gilani. Justice Khwaja remarked: “the judiciary was an independent organ of the state and was answerable to the people not the parliament.” This is, however, not clear how the judges are answerable to the people when they are not elected by them. People hardly know how and by whom they are chosen, selected and nominated.

The disqualification of the prime minister by the apex court is under criticism by a part of the lawyers’ community and a section of the media. The Express Tribune in its editorial under the headline “A Judicial Coup?” on June 20 says, “The Supreme Court, in claiming to represent the will of the people, has removed from power the people’s representative saying that he stood disqualified from being a member of parliament and hence the office of the prime minister since April 26 — the day he was found guilty of contempt. Support for the decision may not be unanimous mainly because of recent developments, especially where the Honourable Court was dragged into the Arsalan Iftikhar matter

Continue reading When is the full coup? – by Mazhar Arif

Parliament cannot legislate against constitution, Islam: CJ

ISLAMABAD: Pakistan’s top judge has said that the Parliament cannot legislate any law repugnant to Constitution, injunctions of Islam and contrary to fundamental laws.

“If such law is promulgated, Supreme Court under its power of Judicial Review can review it. The underlying object of judicial review is to check abuse of power by public functionaries and ensuring just and fair treatment to citizens in accordance with law and constitutional norms.” …

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A bad movie plot

By: Irfan Husain

ANOTHER day, another crisis in Pakistan. What else is new? Given the roller-coaster ride we have been on these last few years, nothing has the power to surprise or shock anymore.

Even the fact that a warrant for the arrest of Makhdoom Shahabuddin has been issued just as he was filing his nomination papers for election to the prime ministership causes a big yawn.

If a screenwriter had crafted the script we have been following, a movie producer would have rejected it for being too unbelievable. The whole business about a tycoon bankrolling a series of multimillion dollar holidays for the chief justice’s son and his family is bizarre enough. But in a swift counterstroke, the prime minister is dismissed by the top judge, pushing his son’s scandal into the background.

Continue reading A bad movie plot

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.

Pakistan – Murder of Democracy

. Why go through this gradual decay of democracy, why not make Ayman al-Zawahiri the Khalifa of Pakistan and be done with it.

The Army is playing with the judiciary and democracy in Pakistan.

It is a shameful day for democratic traditions in Pakistan. As soon as the nomination papers for Makhdoom Shahbuddin for Prime Minister are filed by the largest democratically elected group (PPP) in Pakistan, the Army through Anti Narcotics Force (ANF) http://www.anf.gov.pk/ issues non-bailable warrant for arrest of the nominee.

According to the rules of election now the contest will be between Raja Pervez Ashraf (derogatory termed as Raja Rental by his opponents) and Molana Fazlur-Rehman (derogatory title: Molana Diesel). The original nominee of the people could be either in jail or hiding under a rock from the ANF warrant.

Here is a comment on social media:

“ANF is run by Army. A major general heads it. It is a open secret that Army is in charge of the drug trade in Pakistan/Afghanistan. This is how they fund their minions of terror groups.

So you don’t think it even slightly coincidental as far as the timing of these warrants are concerned.

Army is playing its card, media and Judiciary are enabling them.”

Some think that the PPP made a mistake by having Gilani stay on after he had been held in contempt by the Supreme Court http://criticalppp.com/archives/79330. The Supreme Court was clearly on the wrong side of history with this decision . However, once the decision had been made PPP could have shown political savvy and exited their PM with a glorious concession speech.

Now there is too much water under the bridge. Army has a lot of cards, they, through their sympathizers carefully placed in Urdu and English press, have successfully painted PPP as a band of thieves with the biggest thief at the top i.e. Zardari. Perception as they say matters more than the reality. I am not trying to defend PPP, I am not a Jiyla and have never been one. What I am concerned about is the continued weakening of democratic traditions.

Nowhere in the world other than Pakistan a Prime Minister is sent home by the Supreme Court. No where in the world warrants for arrest of the next nominee are issued on the very day nomination papers are filed.

The media in Pakistan will just fall in line and play the corruption tune to cover up the bigger crime, i.e., the MURDER OF DEMOCRACY by the usual suspects.

Courtesy: LUBP

http://criticalppp.com/archives/79613?utm_source=twitterfeed&utm_medium=twitter

via – Twitter

New Prime Minister of Pakistan Raja Pervaiz Ashraf was born in Sindh and speaks Sindhi but he was elected in Punjab

Zardari bowls out opponents once again

by Omar Derawal

Asif Ali Zardari has been underestimated from day one. The shrewd businessman has proved not only to be a master of the boardroom, but of political strategy as well. Nominating Raja Pervaiz Ashraf as Prime Minister after losing successive wickets appears his latest triumph. And, as with his previous deliveries, this one too seems to have outwitted the opposition.

Nawaz Sharif termed Raja Pervaiz’s election as ‘tragedy’, but perhaps the PML-N chief was thinking of his own political fortunes. After all, Raja Pervaiz was born in Sindh and speaks Sindhi, but he was elected in Punjab. Even the carefully staged energy riots look a little bit awkward with a new Prime Minister who, as Minister of Water and Power, added more Megawatts to the national grid than anyone since the government of Mohtarma Benazir Bhutto.

Imran Khan too seems to have been outplayed in this innings as he finds himself with a Vice-Chairman from a feudal family while Asif Zardari has a Prime Minister who rose through party ranks from a middle class background. By nominating Raja Pervaiz, Zardari has also neutralised Khan’s nationalistic appeals to security hawks. Though a liberal himself, Raja Pervaiz is strong on national security. In his first speech as PM, he declared that there can be no peace in Pakistan without peace in Afghanistan, sending a clear signal that the government continues to be united on defending Pakistan’s priorities.

Qamar Zaman Kaira’s stellar performances on talk shows had many PPP supports hoping he would pull off a surprise win, but it’s Kaira’s unmatched ability to silence the chattering heads that made him indispensable as Information Minister. Some suggested the name of Hina Rabbani Khar, too – but her deft handling of foreign affairs means that she too is more needed where she is. What is impressive about this debate among PPP supporters is that despite losing such figures as Benazir Bhutto, Salmaan Taseer, Shahbaz Bhatti, Husain Haqqani, Yousaf Gilani, and Makhdoom Shahabuddin, PPP still has such a deep line-up from which to draw new players.

Politics is a test match – not T20. You have to play a long term strategy if you want to win. Zardari’s opposition thought they could force him to retire early, but he proved too skilled for that. Now they are praying for a draw. But with this latest innings, Zardari has shown once again it’s the opposition who is still chasing.

Courtesy: new Pakistan

Raja Pervez Ashraf declared new Pakistani PM

ISLAMABAD: The Pakistan People’s Party (PPP) candidate Raja Parvez Asharaf has been elected as the 25th Prime Minister of Pakistan.

Ashraf, a unanimously agreed candidate of the PPP and its coalition partners, received 211 votes while Pakistan Muslim League-Nawaz’s (PML-N) candidate Sardar Mehtab Abbasi received 89 votes.

President Asif Ali Zardari congratulated Ashraf on his success and said ” Ashraf’s election as PM is an indication of the nation’s confidence in democracy.” ….

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