Tag Archives: Judicial

Peoples’ right in democracy

Comment by: Manzoor Chandio

People have two rights in democracy… 1) forming a government through vote… 2) changing a government through vote… this country [Pakistan] has seen formations of governments through people’s vote, but never ever people have been allowed to exercise their prerogative of changing a government through vote… people’s this right has always been used by the establishment because it is afraid of giving the people power to change a government…they have removed governments through military power, presidential orders, judicial crisis/order, war-like situation… etc etc… establishing people’s power to change governments through vote is must for completing democracy…

Courtesy: Adopted from facebook

Bilawal Bhutto Zardari: Evolving Strength of Character – by Rusty Walker

If Pakistan needs a strong civil government, it will need a strong leader. If it looks for a heroic voice, someone who is courageous enough to take on a Justice system that has proven itself to be pro-Jihadi and anti-female, pro-rape, run by a Pro-Establishment, Chief Chief Justice Iftikhar Muhammad Chaudhry- this hero may well be Bilawal Bhutto Zardari.

Bilawal Bhutto Zardari’s recent speech, covered in two stories in LUBP, deserves another look. He reflected his mother’s bravery, Shaheed Mohtarma Benazir Bhutto, and her intelligent and fearless tone, unafraid to speak plain truth and stand up to injustice. His voice sounds like the voice of the people, and has a grassroots type manner of appeal. Unlike manufactured politicians like Imran Khan, Bilawal is not afraid to say the unpopular things. When Imran Khan vaciliated in his condemnation of the murder of PPP governor, Salman Taseer, it was PPP Chairman Bilawal Bhutto Zardari who condemned it unequivocally.

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

Continue reading Bilawal Bhutto Zardari: Evolving Strength of Character – by Rusty Walker

Beyond the memo affair – By Raza Rumi

Excerpt;

…. Citizens have a right to ask why three serving chief justices of high courts are investing huge amounts of their precious time in handling the bizarre claims (and counter-claims) made by Mr Ijaz, when they should be attending to their core mandates of managing the high courts and thousands of subordinate courts. There are roughly 1.2 million cases pending in Pakistani courts and the cost of litigation is soaring due to a virtually unaccountable legal profession and corruption in lower courts. The Supreme Court has time and again reminded us that it is representing the people’s will and is answerable to the people only. Perhaps, nothing is as pressing for the ‘people’ than the denial of justice they are facing.

The Urdu media and internet forums are full of edicts against Mr Haqqani and sections of the establishment feel betrayed by his critical book on the Pakistan military. The least we can do is not to expose a man of his intellect to the rogue elements in the country. For the record, I have never met Mr Haqqani and hold no brief for his past adventures with the intelligence agencies. All I know is that he deserves a fair deal by a country he has tried to serve and defend in difficult times when everyone and his aunt have been wanting to ‘punish’ Pakistan.

Read more: The Express Tribune, April 2nd, 2012.

We expect the Supreme Court to apologise for the role it played, says PPP Chairman Bilawal Bhutto-Zardari

We expect SC to apologise for role it played in murder of ZAB: Bilawal

By APP

NAUDERO: “We expect the Supreme Court to apologise for the role it played in the judicial murder of Shaheed Zulfiqar Ali Bhutto,” were the words with which Pakistan Peoples Party Chairman Bilawal Bhutto-Zardari summed up the case of righting his dead grandfather’s name in history, on the eve of the PPP founder’s 33rd death anniversary being observed in Naudero.

With his father, the President of Pakistan and co-chairman of PPP, Asif Ali Zardari watching, along with the PPP central executive committee, hundreds of thousands of loyal party workers which had gathered in Ghari Khuda Bux, and around the country, Bilawal exhorted, “the restoration of these judges by our Prime Minister was a truly historic milestone for our country. Now it is up to the courts to redeem their institutions sullied reputation in the eyes of history.” ….

Read more » The Express Tribune

http://tribune.com.pk/story/359398/we-expect-the-sc-to-appologise-for-the-role-it-played-in-the-murder-of-zab-bilawal/

Pakistan, courts Islamometer

Islamo-meter in the courts…and Anjuman Shahzadi

By Omar Ali

Back in the 1980, General Zia was “Islamizing” Pakistan, primarily by having several thousand people flogged (mostly for political offences..including a barber in,if i remember correctly, Faisalabad, for putting up Zia’s picture as one of the available hairstyles). I happened to chat with Sharif Sabir Sahib, an observant, reasonably orthodox Muslim (known as “Molvi Sharif Sabir”) and a great scholar of Punjabi (who also taught Persian). I asked him what he thought of this Islamization? He said “son, take an islamo-meter to the district court. The day it registers an even slightly positive reading, I will personally wash Zia’s feet with rose water”. Of course, both of us knew this was a safe bet.

Osama Sameer surveys how things look in the district courts today, further down the winding road that is taking us away from British India and towards Pakistan, fortress of Islam.

I am not posting this to help “the world understand us better”. How “the world” understands us is the least of our problems. Frankly (and I hope this does not strike anyone as rude) that is the sort of bullshit that buffoon Musharraf was known for. The idea that “the world” has misunderstood our lovable self. That if we can somehow “promote our soft image” (this was a phrase Mushie used several thousand times) and show the world that we paint trucks, we pray in petrol stations, we walk half naked down catwalks, then all will be well. I think this whole shtick is meaningless in the larger scheme of things. The world that matters (the people who start wars, sell oil, buy countries) doesnt care about any of that and neither do most Pakistanis. All of that is neither problem nor solution. Even the s0-called “ideology of Pakistan” (which i attack at every opportunity and Samosa and Riaz Haq sahib will defend till they have something more urgent to do) is a problem mostly because taking it seriously causes other, more real problems. If we can confine it to schoolbooks (preferably grade 5 and below) we can safely ignore it.

btw, If the world wants to understand ”moderate Islamic Pakistani” closer to street level, here is a Pakistani Mujra (an art form slightly older than catwalk modelling) by Anjuman Shahzadi, complete with “Hajji brothers” logo proudly displayed in the background (Hajji means someone who has been for Haj to Mecca). She died last year, apparently of infection and diabetes. Who knows.

She could be incredibly crude:

http://www.youtube.com/watch?feature=player_embedded&v=6wgEWlTybmo

Read more » Brown Pundits

Pakistan’s Supreme Court Vs. Everybody: But Most of All the Prime Minister

By Omar Waraich

Excerpts;

…. Despite the court’s apparent determination to press ahead with the high-profile case, there is little prospect of Zardari’s government falling. If the court finds Gilani guilty, legal experts say, it won’t be any time soon. The case could drag on for the next few weeks, averting any sudden crisis. And in the event that Gilani is convicted, the ruling Pakistan People’s Party (PPP) can name a replacement and hold on to its coalition government. …

…. For the government and its supporters, the Supreme Court’s actions amount to little more than a judicial coup in slow motion. Casting a withering eye at the court’s record, they say that the judges have concentrated their ire against the government while mostly sparing the military and the political opposition. The PPP also has a history of the hostility toward the judiciary, stretching back to party founder Zulfikar Ali Bhutto’s hanging in 1979 on a trumped-up murder charge. ….

…. The government also appears to be girding itself for the worst outcome, casting itself as a political victim — something that could help rally the ruling party’s base at the next elections. They are determined not to incriminate Zardari by writing the letter to the Swiss authorities. If Gilani is no longer able to remain prime minister, the PPP is discussing the possibility of appointing Makhdoom Shahabuddin, another politician from southern Punjab. If Shahabuddin ends up being disqualified, too, the PPP may use that “victimization” to enhance its standing in the politically crucial battleground of southern Punjab.

In a landscape where the army still bears the stains of Musharraf’s dictatorship, and where politicians are perceived as inept, distant and venal, the Supreme Court can claim a rare source of much-prized “moral authority.” When the prominent politician Mushahid Hussain was asked during a lecture in Karachi who was ruling the country, he said that it was the Chief Justice.

At the same time, many independent legal experts still see the court as tilting the playing field. Last month, when rumors coursed through Islamabad suggesting that the government could sack the military chiefs, the court demanded confirmation that no move would be made against the army. The move challenged the government’s prerogative of appointing military chiefs.

“The Supreme Court in Pakistan is a completely new axis that has emerged,” says Vali Nasr, professor of international politics at Tufts University. However, despite its decisions that favored the military establishment …..

Read more: http://www.time.com/time/world/article/0,8599,2106725,00.html#ixzz1mHtDmFfW

Pakistan’s Supreme Court placed the concept of national security above that of fundamental rights.

Memogate contradictions

By Kaiser Bengali

The political crisis rages on, with the Supreme Court leading the charge. The battle lines were sharpened when Asma Jahangir withdrew from the memogate case, citing lack of confidence in the impartiality of the judiciary. She was of the view that the Supreme Court placed the concept of national security above that of fundamental rights. These grave developments and Ms Jahangir’s assertions need to be addressed with all the seriousness they deserve.

The so-called memo is a spurious and worthless piece of paper, whose authorship no one is claiming, and which has been tossed in the trash can by the person for whom it was intended, ….

Read more » The Express Tribune

Pakistan court throws out PM contempt appeal

ISLAMABAD – Pakistan’s top court Friday threw out a last-ditch appeal from embattled Prime Minister Yousuf Raza Gilani, ordering him to appear in court on Monday to be indicted for contempt.

If convicted, Gilani faces six months in jail and being disqualified from office in a case fanning political instability that expected to force elections within months in the country troubled by Al-Qaeda and Taliban violence. ….

Read more » ONE PAKISTAN

Via – Facebook

Husain Haqqani to leave Pakistan tonight

ISLAMABAD: Pakistan’s former ambassador to the US Husain Haqqani will be traveling to Abu Dhabi then to the US via a private airline. According to sources, Haqqani will be taken to the airport with a security escort provided by the Islamabad police.

On Monday, the Supreme Court lifted travel restrictions on Haqqani under the condition that he appear before the memo commission whenever summoned and should do so within four days of the notice.

Courtesy: The News

Via – News adopted from Facebook.

Negligent dereliction of duty – By: Mir Mohammad Ali Talpur.

Excerpt;

….. All the misdeeds and misdemeanours of the army here have gone unchallenged and mostly misreported or under-reported. One cannot expect bumbling civilian prime ministers who regularly eat crow after blurting out against the army to hold them to account. The judiciary dilly-dallies on missing persons and kill and dump issues because it has never been people-friendly. Atrocities and injustices are possible because people have become too docile and too obedient and have abdicated their right to protest.

Howard Zinn rightly said, “Civil disobedience is not our problem. Our problem is civil obedience. Our problem is that people are obedient all over the world in the face of poverty and starvation and stupidity, and war, and cruelty. Our problem is that people are obedient while the jails are full of petty thieves…(and) the grand thieves are running the country. That is our problem.”

As long as the people continue to accept injustices and atrocities being perpetrated against them or others, the ‘grand thieves’ will remain in power everywhere and atrocities will not cease. The plea of ‘negligent dereliction of duty’ will always come in handy to the perpetrators if those judging them are of their ilk. Only when people will give up their docility and obsequiousness will justice be done and be seen to be done. And therein lies the solution to the injustices and atrocities anywhere in the world.

To read compete article » Daily Times

The current Political crises in Pakistan – CPP’s analysis

By CPP

The Pakistan’s current political crises, is the most horrific tussle among its top institutions, has morphed grievous consequent deadlocks for the running of the affairs of the state. In order to understand its fundamental reasons, here, we would need to analyze its background circumstances.

1). The Pakistani military is no more a mere security agency , but an industrial and business corporation, in real terms. The economic and business positions of the army Generals, has over taken in many folds, the volume of the civilian business enterprises  on the basis of these economic interests, being a class in stalk ,the political privileges, advantages and access to power or supremacy over the political dispensation is for now realized to be an oxygen for them . Therefore , military, as a class no way can afford any civilian government to deliver things  independently without their prior approval .

2). Among ,the many businesses of the army, apart from industries and import -exports , “JEHAD” is adapted to be the most credible business corporation ,which has been for long greatly flourishing in leaps and bounds , under US imperialist’s patronage for the last 40 or so many years ,as a result almost all 5 stars Generals and Major Generals have turned billionaires and down to the rank of Majors ,have become Millionaires ,in quite short span of life.

3). The Obama’s administration ( democrats ), seems interested to work out some settlement for the Afghan issue, in order to cut down its colossal expenditures , there . They earnestly aspire for to have been successful in installing a US amicable government in Kabul, which would mean for the Pakistani Generals to wash off hands from the Jihad dividends . Consequently, the Generals have to resort, applying every means to keep up the past madcap policy on Afghanistan intact, so as to let the Jihad business go on . The present elected government, has opted, greatly, a US harmonious policy on this issue.

4). There is also, exists a profound contradiction between the army and the civilian government over the establishment of relations viz a vis, India concerned . The Pakistani government desires to normalize relations with India, which is a total opposite perspective to the basic policy stand of the Generals. Keeping the Kashmir issue alive at all costs to legitimate the false security apprehension from India, so as to justify the persistent un-auditable increase in military budget and its personnel strength . This is subject to keep intact the security state, status of Pakistan, through enhanced empowerment and role granted to play by the military institution.

Continue reading The current Political crises in Pakistan – CPP’s analysis

The supreme court on the army and ISI chiefs’ removal

By Nasim Zehra

Excerpt;

….. The prime minister is within his constitutional authority to remove the two chiefs, and therefore under what law would the Chief Justice of Pakistan interfere in the prime minister’s authority and ask for a no-removal guarantee by the latter? Giving such a guarantee would clearly restrict the constitutional powers given to the elected prime minister. Was the CJP overstepping his constitutional mandate? The CJP can re-interpret or use his own discretion, but not without undermining the Constitution.

Such an action by the CJP could set a dangerous precedent and could undermine the recent thawing of government-army tensions. The Chief Justice of Pakistan is humbly advised to re-trace his missteps on this matter. Meanwhile, the government would be ill-advised to give in writing that it will not remove the army and the ISI chiefs.

Courtesy: The Express Tribune, January 25th, 2012.

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

SC’s staying by-polls unconstitutional: EC

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

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

Read more » The News

Assurance sought against removal of Kayani, Pasha

By Nasir Iqbal

ISLAMABAD: The Supreme Court asked the government on Friday to submit a written assurance on a petition filed in anticipation of a perceived move to sack Army Chief Gen Ashfaq Pervez Kayani and ISI Director General Lt-Gen Ahmad Shuja Pasha against the backdrop of the ‘memogate’ fiasco.

The order was issued by a three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry when Attorney General Maulvi Anwarul Haq rubbished the claim and said the government had no plans to remove the two top military officers.

The bench adjourned for two weeks the hearing on the petition filed by Advocate F.K. Butt.

The petitioner requested the court to issue a restraining order and stop the government from taking any step to remove or retire the two officers till the pendency of the case. The army chief will retire on Nov 29, 2013, while the ISI chief will complete his extended term on March 19 this year. ….

Read more » DAWN.COM

BBC – “Will the generals and judges force the president from power?” Pakistan’s political soap opera – By Owen Bennett Jones

Pakistan’s political soap opera

By Owen Bennett Jones, BBC News

Islamabad – Earlier this week, Pakistan’s prime minister appeared before the country’s Supreme Court to defend himself against allegations of contempt – it is symbolic of a dispute that is on-going at the centre of the country’s powerful elite.

When great institutions of state clash, history is made. It is the stuff of school history lessons – the Magna Carta, the Star Chamber, the Great Reform Act – that kind of thing.

But while in the UK such milestones have generally been once-a-century type events, in Pakistan they have become a way of life. Constitutional crises have become business as usual.

This week Prime Minister Yousuf Raza Gilani was forced to appear before the Supreme Court. He was there to face contempt proceedings related to the president’s immunity from prosecution.

I will spare you the details. But as I sat in the court’s press gallery, I felt pretty sure that in 100 years, Pakistani school children would not be learning about the January 2012 contempt case.

Perhaps they will be studying something the Western journalists did not even know was happening: a debate between some clerics on what role Islam should have in the state.

But the court was colourful. There was the prime minister, alongside him his brilliant lawyer Aitzaz Ahsan and a throng of ministers showing solidarity.

And buzzing about all of them, the journalists – representatives of Pakistan’s new, irrepressible 24-hour news television culture.

For millions of Pakistanis, the constant wrangling of the elite has the quality of a TV soap opera.

I do not want to belittle the importance of politics. The failure of successive elected and military governments has left millions of Pakistanis highly frustrated. But still the TV news shows attract massive audiences – people both despair of their leaders and want to know all about them.

Because many of the political parties are little more than family businesses, the same names have been around for decades – with power passed from father to daughter, brother to brother, and so on.

All this is against a backdrop of corruption cases, the frequent imprisonment of politicians, the “war on terror”, suicide attacks, assassinations, US military incursions – there is so much going on.

Pakistani news anchors can pirouette from the big news such as “The Prime Minister’s Day in Court”, to the tittle-tattle – the affairs, the hair transplants, the family rows.

Will the generals and judges force the president from power?” …

Read more » BBC

‘Haqqani coerced to confess that Zardari behind memo’

Pakistan’s former ambassador to the United States Husain Haqqani said that the judicial commission investigating the memogate was trying to coerce him to confess that President Asif Ali Zardari had urged him to draft the memo to former chairman of the US Joint Chiefs of Staff Committee Admiral Mike Mullen.

This was revealed by Haqqani to Professor Christine Fair of Georgetown University, a South Asia expert, who has extensively researched the Pakistan army, the Inter-Serviced Intelligence and the terrorist organisations based in the country.

Haqqani was asked to step down as Pakistan’s envoy to the US over his suspected role in the secret memo, which said that the Pakistan government had sought help from the United States to stave off a military coup in the wake of the Abbottabad raid on May 2, which killed Osama bin Laden.

Fair, who was discussing the memogate affair at a conference at the Hudson Institute and arguing how the judicial process has been subverted and due process disregarded in the investigation of Haqqani, said she had met Haqqani last week. His interpretation of the investigation was “that they are trying to use these proceedings to put the fear of Allah in him to get him to give up the goods on Zardari to bring this government down,” she said. “This is a well-worn playbook that this military had in its disposal,” she added.

Fair said that this case “bears some similarity to what we saw with (former Pakistan prime minister) Benazir’s (Bhutto) father — Zulfikar Ali Bhutto — when they took the head of his security and coerced him into becoming what’s called an approver in Pakistani parlanace — I guess in our parlance it would be basically a witness for the state.”

Thus, she said, “While we all care about Husain Haqqani, I want to emphasise that this is not simply about the particular personal safety or lack thereof of Haqqani, but also about Pakistan’s democratic institutions.”

Fair said that what was currently taking place in Pakistan “in my view is a slow-moving coup.”

So, if we care about Pakistan’s democracy as well as Husain Haqqani, the United States government really needs to be much more vocal than it has been,” she said. “We have to work with our partners to send a very clear message that we recognise that this is a coup albeit via judicial hue.”

Lisa Curtis, who heads the South Asia programme at The Heritage Foundation, a conservative Washington-based think tank, warned that “if the Zardari government is forced out, whether it be through the Supreme Court — and it looks like the army is working in tandem with the Supreme Court albeit behind the scenes — this is going to send a negative signal.”

Curtis, a former Central Intelligence Agency official, said the signal would be clear that “the Pakistan army still wields inappropriate control within the systems,” and that ‘civilian democracy has really not taken root in Pakistan“. She argued, “Even though the Zardari government may not be perfect, it’s an elected government and we need to keep that in mind.”

Courtesy: rediff.com

http://www.rediff.com/news/report/haqqani-coerced-to-confess-that-zardari-behind-memo/20120119.htm?sc_cid=twshare

Our ‘cutie’ coup – By: D Asghar

Excerpt;

It seems like all eyes are waiting for a messiah to descend from the earthly heaven nicely tucked in Rawalpindi, and mistakenly called the General Headquarters

… .To those who think a coup is the ‘be all end all’, and to hell with the constitution, I ask a simple question: has any prior coup eradicated any of the problems this nation faces? If the response is in the affirmative, then I rest my case. Do not just ask for a coup then. Order a super size coup. Heck, add jumbo size ‘sense’ and a gallon of ‘sensibility’ to the order as well.

Read more » Daily Times

via Twitter

Mr Prime Minister, I am proud of you

By Zainab Imam

After years of ambivalence towards him, I am now proud to call Yousaf Raza Gilani the prime minister of my country.

I admit that when he took oath, I was just as dismissive as anyone else. I thought he was another one of the pack — corrupt, incompetent and disloyal. And, on top of that, he seemed compliant.

And now, when the honourable Supreme Court has called him “dishonest”, I stand up and say that he is the prime minister and that he should not stand for this kind of treatment.

There is speculation that he will resign. Political uncertainty is such that between the time I take to write this and this comes into print, he may not be the prime minister. Who knows? And who cares?

After all, who cares that the world’s number one terrorist Osama bin Laden was in our midst for years, living a stone’s throw from the Pakistan Military Academy, where Army Chief General Kayani delivered a speech to graduating cadets weeks before Bin Laden was killed? Who cares that hundreds of terrorists who have killed and maimed thousands of Pakistanis are roaming free on the soil of this country? Who cares that another country, which calls itself our strategic partner in a long-drawn-out war that we’re losing, regularly kills our fellow countrymen, women and children in the tribal areas? And then some days, that same country kills our soldiers, too. Who cares?

Perhaps the honourable Chief Justice does. He who is correctly demanding that letters be written to the Swiss authorities and the money of the people is brought back to them. He who has held the prime minister responsible for failing to keep his oath but appears not to notice when the army and intelligence chiefs fail this country. He who takes suo motu notice over an individual carrying two bottles of alcohol in her travel bags but failed to do the same when Bin Laden was found and killed by foreign forces comfortably ensconced inside our territory, or when terrorists stormed the Pakistan Army’s headquarters in plain sight, or when American drones kill our own in our own backyard, or when hundreds go missing — and turn up dead — in Balochistan.

It took Prime Minister Gilani some time to find his voice. But now that he has, I stand by him. I do not know whether or not he will resign, but I know this that he does not need to until those whose job it is to secure Pakistan step down for failing to arrest the pervasive insecurity in this country; and until those whose job it is to be impartial conduct themselves in a manner that respects their oath.

Courtesy: The Express Tribune, January 18th, 2012.

Pakistan’s leading lawyers Asma jahangir & Ali Ahmed Kurd questioning using of “contempt of court act” and canceling licenses of Bar members by the top judge of supreme court

Pakistan’s leading lawyers Asma Jahangir & Ali Ahmed Kurd questioning using/abusing of “contempt of court act”  as “Black Law” against the media or the citizens of Pakistan to silence them and canceling licensees of Bar members (lawyers) to impose Judicial Dictatorship” on people  by the top judge of supreme court. The language of the news clip is urdu (Hindi).

http://www.youtube.com/watch?v=7KXivgMp5aw&feature=youtu.be

» YouTube

Pakistan is beautiful – and it’s mine

By Shehrbano Taseer

2011 was a bleak year for Pakistan — even by its own harrowing standards.

My father, Governor SalmaanTaseer, was assassinated by his own fanatical security guard in January for his stand on Pakistan’s cruel blasphemy laws, and minorities minister Shahbaz Bhatti, the only Christian in the federal cabinet, was gunned down in March allegedly by the Punjabi Taliban for holding a similar view. In April, five of the six men accused of gang raping village woman Mukhtar Mai on the orders of a village council of elders were set free by the Supreme Court. Since the sexual assault on her in 2001, Mai has braved death threats to have her victimisers punished. She has appealed the verdict, but the court, it is widely believed, is unlikely to reverse the acquittal.

In May, Pakistanis around the world hung their heads in shame as Osama bin Laden was found and killed in sleepy, sedate Abbottabad, a stone’s throw from our premier military academy where Army Chief General Ashfaq Pervaiz Kayani spoke just weeks earlier declaring that the “terrorists’ back” had been broken.Then the tortured body of journalist Saleem Shahzad was discovered and suspicion fell on the country’s intelligence services. Pakistan had yet to recover from the devastation wrought by the 2010 floods when the August monsoons inundated Khyber-Pakhtunkhwa, Balochistan, and especially Sindh affecting tens of million of people. My older brother, Shahbaz, was kidnapped on August 26. It’s January 2012 now and he is still missing.

These are just some of the highlights from a ruefully eventful year. All of these events played out against the cacophonous discord that we have become accustomed to: target killings, routine disappearances in Kashmir and Balochistan, suicide bombings, riots decrying the overall economic condition of the country, protests mourning the loss of Pakistan’s sovereignty, the unsettling hum of rote learning at poisonous madrassas.

But there’s nothing that’s bad about Pakistan that can’t be fixed by what’s good about it. The narrative of lost hope is a tired one.

After the Arab Spring, the first question I was asked by journalists and interviewers was “When will it be Pakistan’s turn?”. General Zia tried hard to convince us that we’re Arabs, but we clearly are not. Watching Muammar Qaddafi’s bloodied and bullet-riddled body paraded up and down streets as protesters cheered, and seeing desperate dictators inflict violence on their own people, I realised that in many ways Pakistan is far ahead. Our transition from a dictatorship to a democracy was relatively smooth — no bloodshed, no political prisoners, no violence. And in 2010 — long before the Arab Spring — Pakistan’s nascent democracy returned the powers usurped by dictators back to parliament with the 18th Amendment to the Constitution, passed unanimously in parliament. As a people, we are more critical, more engaged. We believe in peaceful evolution of existing structures, not revolution. A record number of people have registered to vote in the upcoming elections and the deadline isn’t even up yet. We’ve snatched our democracy back and we’re not letting it go.

Continue reading Pakistan is beautiful – and it’s mine

Salivating for a coup..

By Omar Ali

Its always hazardous to comment on “proximate politics” and the threat of a coup has not yet disappeared in Pakistan, but it does seem to have receded a bit, even if the story is by no means over and the struggle continues. Still, the fact that it has not yet happened is a huge disappointment for some media persons (Kamran Khan comes to mind) who were all dressed up and ready for a coup a few days ago and now look visibly depressed (though still hoping that the paknationalist judiciary will deliver what the paknationalist army did not) and for sections of the middle class. And behind these disappointees there is another section of even more seriously heart-broken people: the young scions of Pakistan’s inbred military-bureaucratic elite, who were already imagining themselves taking over PIA or Pakistan Railways to “reform” the institution and fix the mess created by “corrupt politicians”. I feel their pain..

For background, a quick review; pressure for a coup in Pakistan comes from several sources, including:

Continue reading Salivating for a coup..

People must stop pro-dictatorship forces from destroying democracy in Pakistan

By Khalid Hashmani

Multi-dimensional Tragedy

The non-democratic forces in Pakistan that include elements from military, judiciary and some their protege political parties are fast moving to take over Pakistan. The goal of their unholy alliance is to bring back dictatorship and impose their twisted views on the people of Pakistan. It is time for all those who wish to democracy to prevail and Pakistan to move towards the vision of 1940 resolution to fight back and prevent undemocratic forces to succeed in their evil designs.

Plot of deadly Consequences

The conspiracies to find a way of least resistance with minimal political backlash have been going on for some time. First, one of their operatives implements a set-up to lure former ambassador of Pakistan in USA (Husain Haqqani) into a plot to write a fake memo on the behalf of civilian government to the US government. The memo asks for help in case of a military attempt to topple the elected civilian government and help it to reduce the control of military over Pakistan’s decision-making process. In return, the civilian government allegedly promises USA to nominate international members of a commission and reduce the role of ISI in protection of nuclear arsenal of Pakistan. The writer of that memo (Mansoor Ijaz) then turns around and writes a story in a newspaper that he wrote and sent a letter to a US official on behest of the Pakistani ambassador. Immediately thereafter, the head of the Pakistan’s Inter-Services Intelligence (ISI) agency (General Pasha) flies to meet Mansoor Ijaz to London and takes his statement without securing any authorization from the civilian government of Pakistan. After returning to Pakistan, the ISI General files that statement with the Supreme Court against the civilian government. The Supreme Court which has already hostile to the Civilian Government for the delay in restoring the former Chief Justice who was fired by former dictator General Musharaaf shows more than eagerness to move against the civilian government.

Mr Ijaz also alleged in an interview in December that soon after the Bin Laden raid, the Chief of Pakistan’s Inter-Services Intelligence (ISI) agency (General Pasha) visited several Arab capitals in an attempt to secure their support for toppling of the civilian government.

In a move that many call as violation of constitution, the Supreme Court has appointed a commission for further investigation and actions. Many fear that it just a matter of few days when the biased court will give verdict against the democratically elected civilian government. This verdict that will be implemented by the military which appears to have developed the dislike for the present government for its attempts to secure control of foreign affairs and country’s security matters from the military.

Many Pakistanis strongly suspect that this plot is thinly veiled attempt by the hostile Supreme Court and present military leaders to push the current government from power. One commentator is quoted as saying You could say what we’re seeing is a slow and gradual coup taking place, eating into the moral authority of the civilian government.” Another Pakistani said “A national political crisis has been engineered on the basis of an unsigned memo, the contents of which are exceedingly unrealistic but have somehow compromised national security.”

The consequence if this deadly plot succeed would be that both President Zardari and former US ambassador, Husain Haqqani could face treason charges. The history of Pakistan’s high courts provides ample evidence that Sindhi politicians never receive justice from them. Like President Zulfiqar Ali Bhutto, this President Asif Zardari too could end-up in gallows.

Continue reading People must stop pro-dictatorship forces from destroying democracy in Pakistan

Institute for Defence Studies & Analysis (idsa) – Pakistan Military’s Desire to Slip Into The Driving Seat Once Again

By P. K. Upadhyay

Excerpt;

Some very strange developments seem to be unfolding in Pakistani politics. A political dogfight between the civilian and military leaderships has been unheard off in the country’s history so far. The generals never had to air their differences with the political masters in the public as they are doing at present. When faced with a ‘defiance’ of their writ at any stage, the generals have always taken over power after booting-out the civilian government. …..

…. Then why this time around is General Kayani not able to push out the President and Prime Minister ….

….. Nawaz Sharief’s efforts to fish in troubled waters as also to move closer to the Army’s position on ‘Memogate’ ….

….. It was clear that the Army was reluctant to assume power and, at the same time, also reluctant to let the Zardari-led PPP government continue. It appears to have chosen the judicial route to hound out the government. Apparently, a deal between the Army and the Chief Justice of Pakistan allowed not just a renewed focus on the old National Reconciliation Ordinance (NRO) cases against Zardari and others, but also the setting up of a four-judge judicial enquiry into Memogate ….

…. Why is this unprecedented and uncharacteristic spat between the Army and the civilian government continuing? Apparently, the United States is a factor. Although, for the record, the US Administration and Pentagon had dismissed the memo to Mullen, they seem to have quietly acted on it by heavily leaning on the Pakistan Army. Despite the recent breakdown in their relationship, the US military still has a considerable hold over the Pakistan Army …..

…. Why is this unprecedented and uncharacteristic spat between the Army and the civilian government continuing? Apparently, the United States is a factor. Although, for the record, the US Administration and Pentagon had dismissed the memo to Mullen, they seem to have quietly acted on it by heavily leaning on the Pakistan Army. Despite the recent breakdown in their relationship, the US military still has a considerable hold over the Pakistan Army in the form of continuing supply of spares and other vital equipment, apart from training and intelligence cooperation. The Americans could have conveyed to Kayani and company that ousting the civilian regime in a coup would mean a total break in links, including the supply of spares and other wherewithal. The Pakistan Army cannot resist this pressure, since without using US supplied armour and attack helicopters, it cannot continue its operations against the Taliban in FATA or the Baluchi rebels in Baluchistan. Another inhibiting factor for Kayani and his generals could be the extent of penetration of the Army by jehadi elements. For sometime now, there appears to be a lull in clashes between Islamic radicals and the Army. While a let-up in US drone strikes (after the handing over of the Shamsi airbase) appears to be a significant facilitating factor for this lull, it cannot be the key trigger for it. The possibility of a JUI (F) brokered truce between the Army and Taliban should not be ruled out. The Army wants to preserve this truce for the present and, therefore, is reluctant to rock the boat by staging a coup at this juncture. It possibly fears that in case it ousts the Zardari government and becomes all powerful, that may have some destabilizing impact on the current truce with the Taliban. Lastly, Kayani and other senior generals may still not be out of the shock they suffered from the violent outbursts of junior officers after the Abbottabad raid. They recognize that the younger lot of Pakistan Army Officers does not come from traditional sections of the society known for its contempt for ‘civilians’ and their ways. These officers are the off-spring of former JCOs/NCOs of the military, as also the urban middle and lower middle classes, and may be harbouring a strong antipathy towards the bourgeois attitudes of their superiors.

This, however, does not mean that Kayani and company are going to let the Zardari-Gilani combine continue to spite them. Army backed judicial action against the regime is a strong possibility. ….

To read complete article » Institute of Defence Studies & Analysis (idsa)

http://www.idsa.in/idsacomments/PakistanMilitaryDesiretoSlipIntoTheDrivingSeatOnceAgain_PKUpadhyay_130112

Democracy or dictatorship?

Democracy or dictatorship?: Resolute Gilani paves way for govt resolution

By Qamar Zaman / Zia Khan

ISLAMABAD: Steady nerves and a pointed address.

The premier remained composed on Friday, despite a raring opposition and potentially wavering allies in the face of a deepening row with the military and the judiciary – and the government also managed to introduce a highly-anticipated resolution in the house.

The resolution was moved, symbolically enough, by the PPP’s thus far most steadfast ally, Awami National Party (ANP) chief Asfandyar Wali Khan, amid a protest from opposition benches.

Before the resolution, addressing a special session of the National Assembly, Prime Minister Yousaf Raza Gilani said he would prefer going to the people over begging for the opposition’s support for a fresh vote of confidence in parliament.

“I do not need a vote of confidence,” Gilani said, adding that he was elected prime minister unanimously.

The session, it was widely believed, had been convened in the wake of the Supreme Court warning President Asif Ali Zardari and the prime minister of disqualification over the non-implementation of the National Reconciliation Ordinance (NRO) verdict.

But the prime minister snubbed the notion that his government was afraid of the NRO at the get-go.

“We have not come for the NRO. We do not need your support to be saved from the military and have not come for a clash of institutions. We have also not come to be shaheeds (martyrs),” the premier said, responding to the leader of the opposition’s query seeking a justification for the ‘emergency session.’

“Somebody should tell us the reason for convening this session and what you are afraid of,” the leader of the opposition, Chaudhry Nisar Ali Khan, had said earlier.

We have to decide whether there should be democracy or dictatorship in the country … democracy should not be punished for our mistakes”. ….

Read more » The Express Tribune

Judiciary always supports army rule, rues Asma

LAHOREFormer president of the Supreme Court Bar Association Asma Jahangir condemned the judiciary on Wednesday, saying it has always approved military rules in the past.

She said if judges wanted a hand in politics, they should contest elections. Talking to reporters at the Lahore High Court, she said that Parliament, not judiciary, was the supreme body in the country.

The judiciary should not consider itself as all knowledgeable, Asma said, while expressing her reservations over many decisions of the Supreme Court.

The judiciary also disregards decisions of Parliament, she said, while pointing out the annulment of the parliamentary committee’s decisions on judges’ appointment.

She further expressed her inability to understand the SC’s January 10 judgment on the NRO non-implementation case. She said that while the NRO was a complicated issue, she never favoured it.

Asma regretted that state institutions were being politicised and added that no institution was clean.

Continue reading Judiciary always supports army rule, rues Asma

Pakistan: a coup by other means

– Tensions between the army and Pakistan’s civilian government have boiled over into open conflict

By guardian.co.uk, Editorial

Messages were delivered in Islamabad on Wednesday. Through a megaphone. Minutes after the prime minister sacked the defence secretary, a retired general who acted as the army’s representative in government, the Pakistan army replaced the commander of the Triple One Brigade in Rawalpindi. This happens when a coup is about to be launched. The army chief General Ashfaq Kayani has called an emergency meeting of his principal staff officers for Thursday.

Simmering tensions between the army and Pakistan’s civilian government have boiled over into open conflict in the latest episode of a scandal dubbed memogate. A former ambassador to Washington was accused of having dictated, or solicited, a memo written by a Pakistani American businessmen to Admiral Mike Mullen, requesting his help in preventing a coup. The ambassador, Husain Haqqani, who denies knowledge of the memo, has been recalled and is effectively under house arrest in the prime minister’s heavily guarded residence, fearing for his life. Kayani and the head of the military’s spy agency, Lieutenant-General Ahmed Shuja Pasha, pressed the supreme court in affidavits to investigate the allegations against Haqqani that could lead to treason charges. The prime minister said that these affidavits were “unconstitutional and illegal”. The military responded with a statement that darkly hinted at “potentially grievous consequences”.

What is happening is a coup by other means. The army has staged four coups in the past, but this time, its instrument is a blatantly partisan supreme court, which is attempting to force an elected government to resign. The timing of the traitor tag is not accidental. In March the ruling Pakistan Peoples Party (PPP) could win control over the upper house of parliament and then – whatever happens to President Asif Ali Zardari and the PPP in the next election – the next government could not change the constitution.

Mr Zardari and the PPP government can be faulted for many things. The political charge sheet is long: incompetence, weakness, venality. They reacted terribly to the worst floods in living memory. They have pandered to fundamentalism over the blasphemy law rather than facing it down. A weak state has grown steadily weaker under their civilian control. Mr Zardari carries much personal baggage, which is almost certainly worthy of further investigation, but while president, he enjoys immunity from prosecution and he is right to face down the military. The place to oust an administration enjoying a two-thirds majority is at an election, and the people to do so are voters, not judges, generals or intelligence chiefs. Anyone who allows generals to remove politicians must be aware that the same could happen to them.

Courtesy: guardian.co.uk

http://www.guardian.co.uk/commentisfree/2012/jan/11/pakistan-a-coup-by-other-means?newsfeed=true

Pakistan army warns PM Gilani

Pakistan army warns PM Gilani over criticisms

Pakistan’s military has publicly rebuked Prime Minister Yousuf Raza Gilani over an escalating row.

The army warned of “serious ramifications with potentially grievous consequences” after the PM criticised military leaders in a media interview.

Meanwhile, Mr Gilani has sacked his defence secretary, who is seen as having close ties to the military.

Tensions have been rising in recent months between Pakistan’s civilian government and military leaders.

The latest row is a serious source of instability in Pakistan, where the military has ruled for more than half the country’s history after seizing power in a series of coups.

Unconstitutional

On Monday Mr Gilani was quoted telling China’s People’s Daily Online that Pakistan’s army chief and head of intelligence acted unconstitutionally ….

Read more » BBC

http://www.bbc.co.uk/news/world-asia-16511826

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

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

via » Twitter

A letter to Secretary of State, Ms. Clinton to show deep concern over the safety of former Pakistani Ambassador to the U.S. Husain Haqqani

The Honorable Hillary Rodham Clinton

Secretary of State, U.S. Department of State, 2201 C Street, NW, Washington, DC 20520

Dear Madame Secretary:

We are writing today to express our deep concern over the safety and well-being of former Pakistani Ambassador to the U.S. Husain Haqqani. It has come to our attention that Ambassador Haqqani is under intense pressure in Pakistan, including possibly threats to his life, over the so-called “Memogate” affair.

Questions have been raised about the manner in which this case is proceeding against Ambassador Haqqani and whether due process of law is being followed. Internationally recognized human rights defender Ms. Asma Jehangir recently quit as Haqqani’s lawyer, citing her lack of confidence in the judicial commission established by the Pakistani Supreme Court to investigate the case. Because of her doubts about the commission’s impartiality, Ms. Jehangir refused to appear before it.

Ms. Jehangir described the Supreme Court decision to admit the memo petitions as a “black chapter” in the judiciary’s history and further noted her concern that Ambassador Haqqani could be picked up by Pakistan’s intelligence services and intimidated, and even possibly tortured, into providing a statement that suits their interests. In this context, the fact that Haqqani was forced to surrender his passport, despite returning to Pakistan voluntarily to face the charges, is particularly troubling.

The case against Haqqani follows an ominous trend in Pakistan. The assassinations of Punjab Governor Salmaan Taseer, Minister for Minority Affairs Shahbaz Bhatti, and journalist Syed Saleem Shahzad this past year have created a culture of intimidation and fear that is stifling efforts to promote a more tolerant and democratic society. Significant segments of the Pakistani media have already judged Haqqani to be guilty of treason, which could inspire religious extremists to take the law into their own hands as they did with Taseer and Bhatti.

While we, as individuals, may not have always agreed with Ambassador Haqqani’s views, we regarded him as an effective presenter of Pakistani positions in the Washington context. In keeping with its traditional support for human rights and its deep interest in a firmly democratic Pakistan, the U.S. government should do all it can to ensure Haqqani receives due process without any threat of physical harm.

We commend the State Department for its statement on Friday calling for fair and transparent treatment of Ambassador Haqqani in accordance with Pakistani law and international legal standards. We would urge the U.S. government to continue to weigh in with key Pakistani leaders and to make appropriate public statements to ensure that Husain Haqqani is not physically harmed and that due process of law is followed.

With High Regards,

Dr. Stephen P. Cohen, Brookings Institution

Ms. Lisa Curtis, Heritage Foundation

Mr. Sadanand Dhume, American Enterprise Institute

Mr. Toby Dalton, Carnegie Endowment for International Peace

Dr. C. Christine Fair, Georgetown University

Dr. Robert M. Hathaway, Woodrow Wilson International Center

Mr. Michael Krepon, Stimson Center

Ambassador Dennis Kux, Woodrow Wilson International Center

Ambassador William B. Milam, Woodrow Wilson International Center

Dr. Aparna Pande, Hudson Institute

Dr. George Perkovich, Carnegie Endowment for International Peace

Mr. Bruce Riedel, Brookings Institution

Ambassador Howard B. Schaffer, Georgetown University

Ambassador Teresita C. Schaffer, Brookings Institution

Dr. Ashley J. Tellis, Carnegie Endowment for International Peace

Dr. Marvin G. Weinbaum, Middle East Institute

cc.

The Honorable U.S. Vice President Joseph R. Biden

The Honorable U.S. Secretary of Defense Leon E. Panetta

The Honorable U.S. National Security Advisor Thomas E. Donilon

The Honorable Director of the U.S. Central Intelligence Agency David H. Petraeus

January 7, 2012

Courtesy: http://s3.documentcloud.org/documents/282550/letter-to-secretary-of-state-hillary-rodham.pdf

News adopted from Bolta Pakistan Facebook page.

Statement of concern – U.S. senators demand fair treatment for former Amb. Haqqani

By Josh Rogin

Three U.S. senators are calling on the Pakistani government and judiciary to protect former Pakistani Ambassador to Washington Husain Haqqani, who they say has been the victim of “ongoing harassment and mistreatment” since resigning late last year due to the Memogate scandal.

“We are increasingly troubled by Ambassador Haqqani’s treatment since he returned home to Pakistan, including the travel ban imposed on him,” said Sens. John McCain (R-AZ), Joe Lieberman (I-CT), and Mark Kirk (R-IL) in a Thursday statement. “Like many in Washington, we are closely following Ambassador Haqqani’s case. We urge Pakistani authorities to resolve this matter swiftly and consistent with civilian rule of law and to prevent the judicial commission investigating Ambassador Haqqani from becoming a political tool for revenge against an honorable man.” ….

Read more » Foreign Policy (FP)