Why geography — unfortunately — is destiny for South Asia’s troubled heartland.
BY ROBERT D. KAPLAN
Why geography — unfortunately — is destiny for South Asia’s troubled heartland.
BY ROBERT D. KAPLAN
“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.
. 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.
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
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
WASHINGTON: US military and intelligence officials are so frustrated with Pakistan’s failure to stop local militant groups from attacking Americans in neighboring Afghanistan that they have considered launching secret joint US-Afghan commando raids into Pakistan to hunt them down, officials told The Associated Press. ….
Read more » TOI »» WICHAAR.COM
The deaths of 15 civilians in a Taleban attack on a hotel outside Kabul is a shocking reminder of why the Afghan government must work with the International Criminal Court to help bring to justice all those responsible for war crimes and crimes against humanity in Afghanistan, Amnesty International said.
On Thursday night, armed Taleban fighters stormed the Spozhmay Hotel in the Lake Qargha area near the capital, taking dozens of hotel guests and staff hostage.
In the ensuing siege that lasted almost 12 hours, a fierce gun battle broke out between Taleban fighters and NATO and Afghan troops, resulting in the deaths of at least 20 people – including 15 civilians.
It was the most serious single loss of civilian life in Afghanistan since the Taleban attacked Kabul’s Intercontinental Hotel a year ago, killing 22 people, again mostly civilians.
“The Taleban’s repeated brazen attacks targeting civilians show an utter disregard for human life and may amount to war crimes which should be investigated and prosecuted by the International Criminal Court, as should crimes which may have been committed by NATO and Afghan troops,” said Catherine Baber, Amnesty International’s Acting Asia and Pacific Programme Director. ….
Read more » Amnesty International
Fallout from Arsalangate
By Khaled Ahmed
The PPP government was already in the dock for corruption. Arsalangate dragged some other entities into it: the army, the media, and the chief justice
Malik Riaz Hussain, arguably the biggest real estate developer in Pakistan with ‘connections’, decided to reveal that he had been blackmailed by the son of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry and had allegedly been forced to spend nearly Rs 40 crore on him. He used journalists of a media house on a social media website to deniably make his case, after which the country witnessed a full-blown media scandal undermining the authority and credibility of the Supreme Court.
Called to the Supreme Court on suo motu, Malik Riaz submitted evidence of payments made to Dr Arsalan Iftikhar. He then went on TV and made additional allegations, some of them implying that Chief Justice Chaudhry may have been aware of what was going on. In answer, Dr Arsalan Iftikhar claimed that he had never met Malik Riaz and that he had received no payments from him or his relatives to finance his clearly lavish holidays abroad. Chief Justice Chaudhry expressed his complete lack of knowledge of all this.
The linguistic divide: One partisan of the debate that followed stated: ‘The Chief Justice took suo motu notice of the case and presided over the Bench while in the complete knowledge of the code of conduct of Judges. Given the experience and acumen of My Lord, the Chief Justice, one can say to a moral certainty that he would be aware of the general principle and the specific provision of the code of conduct, which requires judges not to hear matters involving immediate family members’. This comment was in English.
The first divide became visible on the subject and it was linguistic. In Urdu, the issue was addressed in the light of the example of Hazrat Umar who presided over the trial of his son and punished him with his own hands. This linguistic split – which is the most glaring ideological bifurcation in the country – was followed by politicians squaring off against one another: the PMLN and Tehreek Insaf announced themselves on the side of Chief Justice. They accused the ruling PPP of having engineered entrapment through Malik Riaz to get rid of the Chief Justice.
First Army, then TV Anchors: The media rallied to the defence of the Chief Justice. Most of the TV anchors thought it was a conspiracy to challenge the Chief Justice because he had made pointed investigations into “disappearances” in Balochistan. The implication was that the Army was offended and wanted the judge to ‘lay off’, and had used Malik Riaz to make revelations about Arsalan whose reputation was already subject of rumours in Pakistan for some time.
Continue reading A must read article of Khaled Ahmed – Fallout from Arsalangate
Pentagon chief all but rules out apology for Pakistan
By Phil Stewart
WASHINGTON: (Reuters) – Defense Secretary Leon Panetta all but ruled out an apology over an air strike last year that killed 24 Pakistani soldiers and badly set back efforts to improve U.S.-Pakistani ties, saying it was “time to move on.”
Pakistan banned trucks from carrying NATO supplies into neighboring Afghanistan after the air strike, a move that costs U.S. taxpayers $100 million a month given the need to use more expensive, longer routes to the north.
To re-open the routes, Pakistan wants to impose high tariffs on NATO supplies and Foreign Minister Hina Rabbani Khar said last week that Islamabad is still seeking an unconditional apology.
But Panetta, in an interview with Reuters on Thursday, suggested that past expressions of regret and condolences were enough and held out hope that troubled talks on re-opening Pakistani supply routes for the NATO war effort could succeed anyway.
Asked whether he would oppose any further apology, Panetta said: “We’ve made clear what our position is, and I think it’s time to move on.”
“If we keep going back to the past, if we keep beating up each other based on past differences, we’ll never get anywhere,” he said.
“The time now is to move forward with this relationship, on the (supply routes), on the safe havens, on dealing with terrorism — on dealing with the issues that frankly both of us are concerned about,” Panetta said. ….
Read more » Reuters
In his statement Dr. Taimur Rahman, General Secretary of the Communist Mazdoor Kissan Party Pakistan (CMKP) opposes the recent judicial coup against the elected Prime Minister of Pakistan. This decision by the SC, which is completely outside of the power of the Supreme Court, is simply one more coup in a series of coups that have been organized time and time again in the history of Pakistan against elected governments. These successive coups have destroyed the democratic process in Pakistan, destroyed any chance of the development of a mature political leadership. And finally contribute to nothing except to further fragment politics along reactionary right wing lines.
We would have been the first to support a change in government if it was the product of a mass movement of workers and peasants fighting for their rights. But nothing of the sort is taking place. In fact, the elected government and the right wing judiciary have been trading punches only within the framework of their own narrow class interests for the last four years.
When little over a week ago the moral authority of the judiciary was questioned in a fundamental manner over serious charges of corruption, the judiciary decided to act immediately before its own corruption was completely exposed to the public. Today all those allegations of corruption of the judiciary have been buried in an avalanche of right wing propaganda hailing the decision of the Supreme Court as a great step against corruption. Nothing of the sort has been achieved. In fact, a new PM will be elected very soon. The same case of writing a letter to the Swiss authorities to open cases against the President will be opened against the new Prime Minister. And the musical chairs will continue.
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.
By DECLAN WALSH
ISLAMABAD, Pakistan – The high-stakes battle between Pakistan’s judiciary and government took a fresh twist on Thursday when a court issued an arrest warrant for a close ally of President Asif Ali Zardari, effectively blocking his nomination as the country’s next prime minister.
Mr. Zardari wanted Makhdoom Shahabuddin, a former health minister from Punjab Province, to replace Yousaf Raza Gilani, who was dismissed as prime minister by the Supreme Court on Wednesday.
But hours after Mr. Shahabuddin’s nomination, a magistrates court, prompted by the military-run Anti-Narcotics Force, ordered his arrest to face charges relating to the illegal production of a controlled drug two years ago.
The court also issued an arrest warrant for Ali Musa Gilani, a son of the outgoing prime minister, in relation to the same case.
The ruling party Pakistan Peoples Party quickly nominated a new candidate, former information minister Qamar Zaman Kaira, who now looks likely to become the prime minister after a vote in parliament on Friday.
The dramatic court manoeuver highlights the growing difficulty of separating law from politics in the country’s rapidly evolving machinations of power.
Mr. Zardari’s supporters, and some analysts, say judiciary is using its widening powers to erode the authority of the government and ultimately push it from power. “Absolutely no subtlety anymore in going after the govt. Amazing,” wrote Nadeem F. Paracha, a newspaper columnist, on Twitter.
Continue reading New York Times – Pakistan Court Orders Arrest of Presidential Ally
Welcome to Washington Beat: A hard hitting talk show focusing on the latest news from and about Pakistan. This episode covers Pakistan and United States bilateral relationship. Host Dr Manzur Ejaz talks to Masood Haider, Dawn newpaper’s New York correspondent.
Courtesy: Dr Manzur Ejaz Show
By: Manoj Joshi
On Tuesday, Foreign Policy and Fund for Peace published their fourth annual failed states index. The good news was that Pakistan had moved from the 12th position to the 13th in the rankings.
The bad was that on the same day, the Supreme Court of Pakistan had conducted a judicial coup and declared that Prime Minister Yousaf Raza Gilani stood dismissed from his office. ….
Read more » Wichaar.com
LAHORE: The Human Rights Commission of Pakistan (HRCP) has called the disqualification of Yousaf Raza Gilani a sad occasion in a country where democratic traditions have perpetually been denied the nourishment they need to take roots.
ISLAMABAD: President Asif Ali Zardari said Wednesday that the people of Pakistan would never permit undermining of the Parliament behind different pretexts and they know how to ensure the supremacy of the Parliament and the Constitution.
He said, “the era of packing the Parliament through the back door by using the defunct Article 58 (2) (b) is over for all times and no back doors and side doors will be allowed to be reopened for sending the elected Parliaments home.”
“Our people will also not suffer a destiny thrusted upon them by militants and extremists in the name of religion or in any other name,” he added.
The president said this in his message on the 59th birth anniversary of Benazir Bhutto falling on Thursday.
President Zardari said, “On the eve of her 59th birthday I wish to reiterate our commitment to the values of supremacy of the Parliament and the Constitution and the building of a modern, egalitarian and pluralistic society in which everyone is allowed opportunity to help shape his or her own destiny—values for which she stood and fought for and when the time came even laid down her life for it.”
He said Benazir Bhutto led from the front the battle for democracy against all sorts of bonapartes and extremists.
“She believed in a moderate and pluralistic Pakistan where ballot determined the ultimate choice of the people and where the House elected by the people representing their will was supreme.”
Continue reading People never to permit undermining of Parliament: Zardari
A malifide intended PM has been disqualified. Every one on the streets is reciting ‘Va ja ul-hukke va zahaq-al-batil, Innul batila kana zahuka’. Finally piety, chastity and good has prevailed. There is fresh breeze of purity that is causing stir on the horizon of virtue. Crying babies have started giggling, trees and crops have started smiling, milkmen started distributing non-contaminated milk, the sounds of angels’s wings have started spurring on the sovereign aerospace of Pakistan, the faces of parliamentarians are beaming with the new respect that they have attained and last but not least executive has finally cheerfully decided to not to interfere in the craft of running a government again, ever! And every one is going to live happily ever after. Right?
I don’t know about you but personally I don’t agree with my above bizarre juxtaposition. Reality is actually more grim. From the history, we know there were times when military dictators would topple elected governments and aggrieved party would go to Supreme Court as a last recourse. But times have changed now. A bad and corrupt Prime Minister has been disqualified by an honest and upright judiciary. The maligned fellow was in General Musharraf’s dungeons when the same esteemed judges were taking oath under PCO ( not once but twice ) and gifted the blank cheque decisions to the dictator to amend the constitution, the way he pleased to do so.
Continue reading The day justice was dispensed! – by Bahadar Ali Khan
Makhdoom Shahabuddin to be apprehended by ANF
By: Zuhaeb Nazir
ISLAMABAD: Prime Minister candidate, Makhdoom Shahabuddin may be arrested by the Anti Narcotics Forces (ANF), Aaj News reported on Wednesday.
The recently announced PM candidate is wanted by the ANF in the famous ephedrine case involving former Prime Minster’s son, Ali Musa Gilani.
According to Aaj News, Makhdoom Shahabuddin was wanted by the ANF because of his involvement in the ephedrine case during his tenure as Health Minister. …
Read more » Aaj Tv News
http://www.aaj.tv/2012/06/makhdoom-shahabuddin-to-be-apprehended-by-anf/
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, Pakistan — The 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
ISLAMABAD: Pakistan People’s Party (PPP) has nominated the name of Makhdoom Shahbuddin for the office of Prime Minister, sources said.
According to the sources, the decision was taken in a meeting of senior leaders of PPP held here on late Tuesday under the chairmanship of President Asif Ali Zardari.
The meeting also decided that the National Assembly session would be summoned on Thursday for the election of the leader of the house, sources added. …
Read more » The News
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.
By: Omar Ali
The Chief Justice has now dismissed the prime minister of Pakistan. Punditry cannot possibly keep up with this stuff. Last week, Pakistan was in the middle of “Bahriagate”, a scandal involving one of the country’s richest men and the same Chief Justice . Malik Riaz, who rose from minor defence contractor to the position of richest and most powerful real estate magnate in Pakistan, claimed to some journalists that he gave 340 million rupees and several luxurious free trips (including one to Monaco with an unidentified woman) to the son of the chief justice of Pakistan, and he had kept the reciepts. His motives for revealing this self-incriminating information remains unclear at this time. The Chief Justice, who had apparently been informed of some of these accusations at least six months ago (and whose unemployed son had been taking the extended family on some rather fancy vacations for the last 3 years), decided to take suo-moto notice of these accusations once they became public. After a somewhat theatrical public hearing in which the Chief Justice came to the Supreme Court with a copy of the Koran and quoted liberally from the hadith and sunna, he recused himself from the hearing and two of his fellow judges took over the case. Quoting again from the Koran and hadith, as is now the norm in Supreme Court judgments, the two judges recommended that the competent authorities should investigate and register cases against anyone who may have given or taken any bribes in this matter.
The Supreme Court of Pakistan removed the Prime Minister in what is known as a “short order” – essentially a court order lacking a full explanation. These orders often begin, “For reasons to be recorded later…” – a practice that seems the beg for abuse and controversy – and then proceed directly to ordering some specific action on the part of an individual or institution. In this case, though, the specific action was not given until almost two months later – and made retroactive.
On April 26, the Supreme Court issued an order “for the reasons to be recorded later” that found then Prime Minister Yousaf Raza Gillani “guilty of and convicted for contempt of court.” The Supreme Court did not declare the Prime Minister disqualified from office and sentenced him to a symbolic detention of about 30 seconds.
The Supreme Court having chosen not to disqualify the Prime Minister, the issue was then taken up by the Speaker of the National Assembly, Dr. Fehmida Mirza, who ruled that Mr. Gilani was not disqualified. That was last month.
Today, nearly two months after the Supreme Court issued its controversial conviction, a new short order, “for reasons to be recorded later,” was issued by Chief Justice Iftikhar Chaudhry – this time declaring that “Syed Yousaf Raza Gillani has become disqualified from being a Member of the Majlis-e-Shoora (Parliament)…on and from the date and time of pronouncement of the judgement of this Court dated 26.4.2012…”
This raises several very interesting questions. If the Prime Minister was disqualified pursuant to the Supreme Court’s order on April 26, why did they wait until June 19 to say so? Some have suggested that the Supreme Court was giving the Prime Minister the opportunity for appeal, but this is doubtful for a number of reasons: One, the Supreme Court could have declared the Prime Minister disqualified and then stayed the order pending appeal. But more to the point, to whom would the Prime Minister have appealed? The original order was given by a 7 member bench of the Supreme Court – there was no higher authority to appeal to.
Then there is the matter of the ruling by the Speaker of the National Assembly. If the Supreme Court had determined that Mr. Gilani was disqualified as of April 26, why did they allow Dr. Mirza to proceed with deliberations and a ruling on Mr. Gilani’s status as parliamentarian? If the Supreme Court believed that Dr. Mirza did not have the authority as Speaker of the National Assembly to issue such a ruling, why did they not issue an injunction stopping the Speaker from carrying out the act?
While these questions remain unanswered, at least until the Supreme Court delivers more than the two pages made available today, they suggest very troubling possibilities. By allowing Mr. Gilani to continue serving as Prime Minister for months, the Supreme Court has created a policy nightmare for Pakistan. Making the disqualification retroactive to April 26 means that any decisions made by the government since are effectively nullified. Pakistan has, essentially, been operating without a government for over 8 weeks.
Moreover, by allowing the Speaker of the National Assembly to deliberate and issue a ruling without comment, only to nullify that decision weeks later, the Supreme Court has undermined the authority of parliament and created confusion about fundamental issues of separation of powers and constitutional authority. What government official can now carry out their duties without the fear of Supreme Court action if the Chief Justice does not like the outcome.
This gets to what is perhaps the most troubling question of all – would the Supreme have issued this new order had the Speaker of the National Assembly herself disqualified Mr. Gilani? In other words, is Pakistan’s Supreme Court acting pursuant to due process or desired outcomes?
Via – Twitter
By Qasim Nauman
ISLAMABAD: (Reuters) – Pakistan’s increasingly assertive Supreme Court on Tuesday declared Prime Minister Yusuf Raza Gilani ineligible for office, plunging the country into fresh political turmoil during a crisis in relations with the United States.
In April, it found Gilani guilty of contempt of court for refusing to reopen corruption cases against the president.
“Since no appeal was filed (against the April 26 conviction) … therefore Syed Yusuf Raza Gilani stands disqualified as a member of the Majlis-e-Shoora (parliament)…,” said Chief Justice Iftikhar Chaudhry in a packed courtroom.
“He has also ceased to be the prime minister of Pakistan … the office of the prime minister stands vacant.”
But Fawad Chaudhry, a senior Gilani aide, said only parliament could dismiss the prime minister.
While the decision is a big blow to the ruling Pakistan People’s Party (PPP), it is unlikely to lead to the fall of the unpopular government. ….
Read more » Reuters
FSP for a secular Pakistan
KARACHI: The Forum for Secular Pakistan (FSP) has been constituted by liberal progressive social activists and like-minded people to struggle for a secular Pakistan.
This was announced by FSP President Iqbal Haider at a press conference held at Karachi Press Club (KPC) here on Sunday.
Journalist Zubaida Mustafa, chief guest Sardar Sherbaz Khan Mazari, Vice President of forum Hasil Bizenjo, KPC President Tahir Hassan Khan and others were also present on the occasion.
Addressing the press conference, Iqbal Haider said that Pakistan’s critical situation was just because of us forgetting the principles laid down by Quaid-e-Azam Muhammad Ali Jinnah.
He said that FSP was a national forum being supported by people throughout the country. Secular system in Pakistan can change the situation of the country, he said adding that people from Sindh, Punjab, Azad Kashmir and other areas are being encouraged to join the forum.
Haider said, “Non-Muslims also gave us an opportunity by joining the forum,” adding that Pakistan came into being on secular basis where all were supposed to have equal rights. Hasil Bizenjo said that time was ripe for the people to consider secular system seriously. He said that secularism was a part of various parties’ manifestoes in 1970s, but eliminated later on, giving rise to extremism. People, who termed secular system as Kufr, favour it in India, he said. He further added that they would try to promote secular system through the forum. Earlier, Haider read the declaration of the forum in which he also quoted speeches of Quaid-e-Azam Muhammad Ali Jinnah.
Courtesy: Daily Times
http://www.dailytimes.com.pk/default.asp?page=20126\18\story_18-6-2012_pg7_18
by Omar Ali
Pakistan’s existing political and administrative system is based almost entirely on Western models. but the official national ideology is ambivalent or even hostile to Western civilization and its innovations. In the past this was less of a problem since “national ideology” was not very well developed (Jinnah himself was famously confused about what he wanted and while the Muslim League used Islamist slogans freely during the Pakistan movement, a number of its leaders and ideologues were happy to go along with vaguely left wing justifications for the state once they were comfortably in power after partition), but ever since the time of General Zia, there has been a steady push to establish a particular Islamist version of Pakistani nationalism as the default setting. The process has not gone entirely smoothly and significant sections of the super-elite intelligentsia remain wedded to Western left-liberal (and more rarely, frankly capitalist/”neo-liberal”)) ideologies while the deeper thinking Islamists tend towards Salafism, but it has gone further in the emerging middle class and within the armed forces. There, a superficially Islamist, hypernationalist vision has taken root and can be seen in its purest form on various “Paknationalist” websites.
This “paknationalism” is an extremely shallow and rather unstable construct. It is not classically Islamist but it regards Islam as the main unifying principle and ideological foundation of the state. In practice, it is more about hating India (and our own Indian-ness) that it is about any recognizable orthodox form of Islam. It is also very close to 1930s fascism in its worship of uniforms, authority and cleansing violence. People outside Pakistan rarely take it too seriously and prefer to get their versions of Pakistani nationalism from more liberal interpreters, but the “Paknationalists” are serious and one of these days, they are going to have a go at Pakistan if present suicidal trends persist in the civilian elite. Their interlude may not last very long, but it is likely to be exceptionally violent and may end in catastrophe.
Read more: 3QuarksDaily
By: Irfan Husain
AS I was researching this article, reading scores of emails and writing to friends and contacts about the reported threat to Asma Jahangir’s life, something odd happened to my Gmail screen.
Now, whenever I open my email account, a red strip appears at the top with the following announcement from Google: “Warning – We believe state-sponsored attackers may be attempting to compromise your account or computer. Protect yourself now.”
Following the link to security advice, I duly changed my password and switched to Chrome, a Google browser that’s supposed to be more secure. But so far, the problem persists. Any advice from tech-savvy readers would be welcome. I understand Google has recently taken to warning users of such attempts from intelligence agencies to hack into their accounts. ….
Read more » DAWN.COM
Reports claim American supership USS Enterprise is in Pak territorial waters
By Shafqat Ali
US moves its nuclear-powered aircraft carrier, the USS Enterprise, into Pakistani territorial waters near Gwadar, media reports said.
“The US has moved its biggest aircraft carrier 65 to 70 nautical miles away from Gwadar in the second week of June”, a Pakistani television channel reported.
The USS Enterprise, which holds a crew of over 4,000, had taken part in several wars.
The move comes as relations between Pakistan and the US have touched new lows. Pakistan has refused to reopen Nato supply through infuriating the US.
The Pak-US relations have never recovered to normal since the killing of Al-Qaeda founder Osama Bin Laden in Abbottabad in May last year. The killing of 26 Pakistani soldiers by the Nato forces in November further dented the ties.
“After the deployment of the aircraft in Pakistani sea the country’s security agencies are now investigating into the matter. The movement apparently shows the increasing interest of the US in Balochistan province of Pakistan”, another channel reported.
Meanwhile, the Los Angeles Times reported that the Pentagon plans to soon deploy a new generation of drones the size of model planes, packing tiny explosive warheads that can be delivered with pinpoint accuracy.
The move to introduce new small drones seeks to minimize civilian casualties and collateral damage, the report said.
Errant drone strikes have been blamed for killing and injuring scores of civilians throughout Pakistan and Afghanistan, giving the US government a black eye as it targets elusive terrorist groups, the newspaper said.
The Predator and Reaper drones deployed in these regions typically carry 100-pound laser-guided Hellfire missiles or 500-pound GPS-guided smart bombs that can reduce buildings to smouldering rubble.
The new Switchblade drone, by comparison, weighs less than 6 pounds and can take out a sniper on a rooftop without blasting the building to bits. It also enables soldiers in the field to identify and destroy targets much more quickly by eliminating the need to call in a strike from large drones that may be hundreds of miles away.
“This is a precision strike weapon that causes as minimal collateral damage as possible”, said William I. Nichols, who led the Army’s testing effort of the Switchblades at Redstone Arsenal near Huntsville, Ala.
The Obama administration, notably the CIA, has long been lambasted by critics for its use of combat drones and carelessly killing civilians in targeted strikes in Pakistan, Afghanistan, Iraq, Yemen and Somalia.
In Islamabad, on Thursday, Foreign Office spokesman Muazzam Khan said that efforts were underway to mend the strained relationship between Pakistan and the US.
Speaking to reporters at a weekly news briefing, Mr Khan said that the decision to restore the Nato supply route would be made by the political leadership.
The FO spokesman dispelled the impression that Pakistan was raising the tariff on the supply route adding that there were several other issues involved.
“Pakistan will not allow its territory to be used as terrorist safe havens”, he added.
Courtesy: Decan Chronicle
By: Mahvish Ahmad
QUETTA: The state sees them as unruly men serving power-hungry sardars, but the six 20-something Baloch Student Organisation-Azad (BSO-Azad) members sitting cross-legged on the floor of their dorm room come across as more diligent than unruly, and more revolutionary than submissive.
As active sympathisers of a rebellion calling for outright independence, they embody a new kind of Baloch freedom fighter – or sarmachar.
And a new kind of victim of the kill-and-dump policy practised, they claim, by the Frontier Core (FC) and intelligence agencies.
These six young men are urbanised, middle-class, educated, and typically allied as equals rather than serving as underlings to the separatist Bugti and Marri sardars of Balochistan.
“We are united in our call for an independent Balochistan. And we have sacrificed our lives for our cause. Ninety-five members of BSO-Azad have been picked up, tortured and brutally murdered by the establishment. Many of them were students at educational institutions like Balochistan University,” says Khalid, an office-holder in BSO-Azad.
Malik Siraj Akbar, the editor of the online newspaper, Baloch Hal, which has been banned in Pakistan, agrees. “Today’s Baloch movement is headed not solely by […] tribal chiefs, but [by] educated middle class youth,” says Malik in the introduction to his book, “The Redefined Dimensions of the Baloch Nationalist Movement”.
BY SHAMILA N. CHAUDHARY
Divorces don’t happen overnight, but there’s always that one moment, that one comment when — perhaps only in retrospect — you can see the split coming. Secretary of Defense Leon Panetta’s recent trip to Afghanistan may have been unannounced, but he wasn’t shy when it came to speaking about Pakistan. Panetta said quite openly that the United States is losing patience with Pakistan, especially when it comes to Islamabad’s failure — or unwillingness — to act against the Haqqani Network, a Taliban- and al Qaeda-affiliated group known to target Americans in Afghanistan from safe havens in Pakistan.
The remarks came as a surprise, as their timing coincides with U.S. negotiations with Pakistan to re-open NATO routes, but what Panetta said is hardly new. In fact, as he sat in a Senate Armed Services Committee hearing last September, he listened to Adm. Mike Mullen convey a similar message when the outgoing Joint Chief of Staff chairmen let loose, calling the Haqqani Network a veritable arm of Pakistan’s intelligence service. Congress, the State Department, and the White House have also become more publicly forthcoming on this issue in the past year. So, instead of being shocked at Panetta’s words, we should be shocked by their consistency. For once, the United States is on message when it comes to our “friend” and “ally” in South Asia. …..
Read more »ForeignPolicy
http://www.foreignpolicy.com/articles/2012/06/12/the_patience_runs_out
Pakistan: the sausage factory is becoming dangerously transparent
By Omar
The latest scandal in Pakistan involves the leading business tycoon of the country spending (he claims) 340 million rupees on the son of the chief justice of Pakistan. Said tycoon Riaz Malik used to be a struggling contractor who hit paydirt with high-end housing colonies named “Bahria colony” (the name means “navy”…and some admirals are said to have sold him access to that name and the authority of Pakistan’s smallest armed force). Now one of the richest men in the country, Malik Riaz has been profiled in this documentary by TV anchor Sohail Warraich.
Suggested names for this scandal include “bahriagate”, “familygate” and, more originally (from lawyer Feisal Naqvi) “liti-gate”! Conspiracy theorists are busy trying to figure out if this whole thing was orchestrated by the army (unhappy over the chief justice’s asking questions about missing persons in Balochistan) or by Zardari or by the CIA and Mossad and RAW.
But whatever the details, one thing is clear to an outside observer. The walls of the sausage factory are becoming dangerously transparent. 11 retired generals work for Malik Riaz. Many admirals and generals smoothed his path to wealth. Many journalists are being accused of being on his payroll. And its not just this scandal. The son of the prime minister is accused of smuggling controlled substances. The brother of the almighty army chief is being targeted in a whispering campaign. Secret agencies, hidden camera videos, trips to Monte Carlo with mysterious women…its all out in the open or threatening to come out. All this has happened in other countries (well, maybe some of it has). but times are tough, the economy may tank, the security establishment has got itself into a fight with its traditional American patrons. There was never a real national ideology behind the claptrap taught in 6th grade. What will hold the center? These things can get out of hand.
Continue reading Brown Pundits – Pakistan; the sausage factory is getting exposed