Tag Archives: Partial

Marvi Sirmed on Judicialization of Politics in Pakistan

Round table on Judicialization of politics organized by School of Political and Strategic communication (SPSC) Islamabad.

Courtesy: SPSC » YouTube

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

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

By Omar Waraich

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

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

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

Democracy under threat

By: Asma Jahangir

THE masks are off and daggers drawn. Pakistan’s democratic process may once again become a part of history, leaving the world to wonder how we could so willingly poison ourselves in the belief that it would lead to better days.

Those in power have consistently let their people down — ruthlessly. But no one is being fooled. They may feel helpless in the face of manipulation by everyone trying to save their skins — the judiciary included — but as the courts have often held themselves the truth does eventually prevail.

In the meanwhile, the country is headed for another phase of political instability that may finally lead to yet another autocracy. Sense may prevail at the end, but in the process, many heads will roll and hopes will be demolished. These are sad days for Pakistan.

Continue reading Democracy under threat

Questions Surround New Supreme Court Order Disqualifying Prime Minister

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

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

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

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

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

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

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

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

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

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

Via – Twitter

Daily Times Editrial : More loyal than the king

In a matter of days, the allegations of the real estate tycoon Malik Riaz against Dr Arsalan Iftikhar, son of the Chief Justice of Pakistan (CJP) Iftikhar Mohammad Chaudhry, has taken on the hue of a full blown conflict between the accuser and the judiciary. In shocking but unsubstantiated accusations of a bribe amounting to Rs 340 million, and financing of lavish foreign trips, the Riaz claim, notwithstanding its yet to be proved veracity, points to the most important judicial body’s head. The accused is the son of the CJP, thus presenting a more than unpleasant scenario where the establishment of proper distance between the two parties — the accused and the CJP — must be maintained at all costs. A simple civil matter (with possible criminal implications), no matter how preposterous or outrageous it may appear, did not merit a suo motu notice by the Supreme Court (SC), the redundancy of which was proved during the first hearing for lack of concrete evidence. This case must be pursued through the normal course. The recusing of the honourable CJP from the initial bench is a positive step, and the future proceedings of the case would be transparent and unbiased too if the consideration that the accused is the son of the CJP is not allowed to influence the proceedings.

Continue reading Daily Times Editrial : More loyal than the king

India – Judge and his son arrest in bail ‘sale’

Suspended judge, 2 State MLAs face arrest in bail ‘sale’

Hyderabad, June 9, 2012, DHNS:

Anti-Corruption Bureau files FIRs

Suspended CBI special court judge Pattabhirama Rao and two Karnataka legislators Gali Somasekhara Reddy and T H Suresh Babu are facing arrest in the sensational cash-for-bail scam as the Anti-Corruption Bureau (ACB) in Andhra Pradesh filed FIRs against them on Saturday.

FIRs were also filed against five accomplices of the suspended judge, including his son. The ACB found prima facie evidence against the suspended judge and the two legislators in the case. Around Rs 10 crore crossed borders from Karnataka to Andhra Pradesh to bribe the judge, who granted conditional bail to Janardhana Reddy, currently jailed in Bangalore.

The case was handed over to ACB by the Andhra Pradesh High Court on Friday.

Janardhana Reddy’s brother Somasekhara Reddy (Bellary City MLA) and Suresh Babu (Kampli MLA) face arrest as bribe givers – for striking the deal and making a payment of Rs 10 crore to the judge.

Recently, on June 2, the cash-for-bail scam broke out when the then Chief Justice of Andhra Pradesh High Court Madan B Lokur suspended Pattabhirama Rao on charges of accepting bribe last year in exchange for granting bail to former Karnataka minister Gali Janardhana Reddy and three others involved in illegal mining.

The five accomplices of the suspended judge booked on Saturday are: the judge’s son, Ravichandra, retired sessions court judges T Chalapathi Rao, his son Balaji, rowdy sheeter Yadagiri Rao of Nacharam in Hyderabad and a junior lawyer Dasaradharami Reddy.

All 8 people have been charged under provisions of the Prevention of Corruption Act 13(1) and (2) besides 120(b), 420 and 417 of the Indian Penal Code. The arrests of the prime accused and their accomplices are likely to be made soon, said the police. ….

Read more » Decan Herald

http://www.deccanherald.com/content/255706/cash-bail-suspended-judge-2.html

– – – – – –

More details » BBC urdu

Order from chaos

By Farrukh Khan Pitafi

Every wolf’s and lion’s howl

Raises from hell a human soul

— William Blake, “Auguries of Innocence

Every scandal that is brought to limelight brings with it some sign of hope. The Arsalan Iftikhar scandal is no exception. It is true that it raised some serious questions about the need for oversight over the conduct of the judiciary, the media and big businesses. Also true that it has brought our unceasing hypocrisy to the fore. Amazingly, many among those who insist that Arsalan was acting alone, even if he was not actually a victim of a conspiracy, also believe that since Abdul Qadir Gilani, the prime minister’s son, called Mubashar Lucman during a staged interview with Malik Riaz, it proves that the PPP government is involved in a plot to malign the judiciary. But what is good for the goose is also good for the gander, sirs. If you can readily believe that the chief justice’s son kept his father in the dark about his corruption, what is the harm in believing that Abdul Qadir Gilani, too, might have acted alone? …

Read more » The Express Tribune

Via- Twitter

The way ahead – By Najam Sethi

In India at least half a dozen chief justices in the past have been accused of corrupt practices or conduct unbecoming a judge of high stature. However, none has ever been dragged to the dock. But matters are very different in Pakistan where the chief justice and the Supreme Court are battling for their credibility and independence because of the misdemeanours of the son of the chief justice. There is bitter discord in state and society. The fear is that if the political fallout isn’t quickly contained, the military might be tempted to step into the fray.

Riaz Malik has presented credible evidence of footing the bills of Arsalan Chaudhry, the son of the CJP, for more than Rs 34 crore in the last three years for favours promised but not fulfilled in cases of property disputes relating to Mr Malik’s business empire pending before his father in the SC. He claims he was blackmailed by Arsalan Chaudhry to cough up or face hard times in the court before his father. Arsalan says he was entrapped in order to influence his father. In the event, Arsalan took favours from Mr Malik but his father didn’t return the compliment, which raises the question of who was blackmailing whom and who gained and who lost from this unholy transaction.

Continue reading The way ahead – By Najam Sethi

Asma Jahangir rejects memo report. “Under what law the commission can declare anybody a traitor”?

Asma Jahangir rejects memo inquiry report

LAHORE: Asma Jahangir, counsel for former ambassador Husain Haqqani, has expressed reservations over a report presented by the memo commission to the Supreme Court and accused the panel of being biased.

Talking to reporters at the Lahore High Court here on Tuesday, she questioned the commission’s jurisdiction in relation to its several findings and said “under what law the commission can declare anybody a traitor”?

Continue reading Asma Jahangir rejects memo report. “Under what law the commission can declare anybody a traitor”?

Pakistani Christians, Hindus, Sindhis and Shias Protest Against the Chief Justice of Pakistan in London

London: Lunch-time on the 28th of May 2012 the Chief Justice of Pakistan Iftikhar Chaudhry received a vocal reception at the hands of the protesters gathered outside the award giving ceremony of the International Council of Jurists (ICJ). Ironically Justice Chaudhry is himself the vice president of ICJ.

Zee News reported, “Pakistan’s Chief Justice Iftikhar Chaudhry ha[s] been awarded the prestigious International Jurists Award 2012. Justice Chaudhry received the award from Lord Phillips, President of the Supreme Court of the UK, for his “unique and tremendous contribution in the field of administration of justice and for the tireless and fearless endeavours towards administration of justice in Pakistan against all odds.”

Shortly before Justice Chaudhry received the award, two persons barged into the auditorium at the Hotel Court House raising slogans against killings of Shias in Pakistan.”

While outside a large demonstration by Sindhi, Hindu, Christian, Muslim and Human Rights organizations was taking place against forced conversions of Hindu and Christian girls in Pakistan. The protesters were chanting loud slogans against Justice Chaudhry ’s role in handing over the Hindu girls to their Muslim ‘husbands’ whereas their families allege that all three girls were abducted on the orders of the influential custodian of a Muslim shrine Mian Abdul Haq-Member National Assembly for the ruling PPP.

Christian groups pointed out the lack of justice in Pakistani courts for scores of victims languishing in jails under trumped-up charges under Pakistan’s infamous blasphemy laws which carry the punishment of death penalty. The protesters were allowed to speak to the organizers of the event. ….

Read more » Global Christian Voice

http://globalchristianvoice.wordpress.com/2012/05/31/pakistani-christians-hindus-sindhis-and-shias-protest-against-the-chief-justice-of-pakistan-in-london/

Philippine Senate voted to remove Supreme Court Chief Justice

Philippines’ top judge ousted in victory for Aquino

By Stabroek editor

MANILA, (Reuters) – The Philippine Senate voted today to remove the country’s top judge for failing to disclose his wealth, a landmark victory for President Benigno Aquino as he pushes a campaign to root out endemic corruption in the Southeast Asian nation.

More than two-thirds of the 23 senators voted to oust Supreme Court Chief Justice Renato Corona, who becomes the first official in the country to be removed by an impeachment court. The decision bars him permanently from public office.

The ruling is likely to be welcomed by investors amid concern that the four-month-long trial was distracting the government from policy matters at a time when the Philippines is seeing a resurgence of interest in its long-underperforming economy. ….

Read more » Stabroek News

Former prime minister of Pakistan, Nawaz Sharif tries to date author Kim Barker by offering her an iPhone

The Language of the news is urdu (Hindhi).

http://www.youtube.com/watch?v=Zn5dsXymEjE&feature=player_embedded

Courtesy: Duniya Tv News » Siasat.pk

Via – Twitter

 

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

Pakistan’s puppet Court – By Shiraz Paracha

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

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

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

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

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

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

Pakistan – A History of Judicial Tyranny

By Shehryar Riaz Sheikh

26 April 2012 was another tragic day in our democratic history; the unanimously elected Prime Minister of Pakistan who in his wisdom ordered the release of the deposed Lordships of the Superior Courts immediately upon his election was convicted of Contempt of Court. Notwithstanding the uniqueness of NRO judgment condemning over 8000 accused without a hearing and the inherent selectivity of only targeting the President and his aides in the process, the overwhelming part of the judgment was implemented by the Federation of Pakistan. It is pertinent to mention that the grand strategist (of the “strategic depth” fame)–the promulgator of the infamous Ordinance luxuriously resides safe and secure from the wrath of law. Former Prime Minister Mohammad Khan Junejo and his almost 9 March’07 like moment of defiance during the notorious Zia regime is a case in point as to how an instance of individual heroism could not break the dictatorial chains. In case of the present dispensation, it was Benazir Bhutto’s sheer political maneuvering in striving for a political settlement, her ultimate sacrifice coupled with the sagacity of the political leadership along and the democratic struggle unleashed by the lawyers movement which paved way for the return of democracy to Pakistan. The present democratic dispensation is the sequel to NRO. History is bound to narrate as to how if had not been achieved, there would have been no elections, no assemblies, no free media and no free judiciary. The national leadership too would still have been languishing in exile.

Continue reading Pakistan – A History of Judicial Tyranny

Showing the red rug to the bull!

PM contempt: ‘Govt will comply if SC orders Gilani’s disqualification’

By Web Desk / Sumera Khan

Excerpts;

…. Privilege motion against SC assistant registrar

The government has decided to move a privilege motion against the assistant registrar of the Supreme Court for writing a letter to speaker of National Assembly to initiate an action against the prime minister under recently passed judgment by the apex court.

Terming the letter ‘illegal’, Law Minister Naek said that the letter in which Speaker of National Assembly Fehmida Mirza was directed to implement the SC’s judgment was an open violation of law. Naek added that the assistant registrar of the Supreme Court is not authorised to issue directions to the speaker of National Assembly.

“We will move a privilege motion against assistant registrar as the letter is illegal which was written as a clear violation of rules and procedures. He has directed the speaker of National Assembly to implement the court’s verdict at the earliest which is we believe is an offence to the parliament.”

Naek went on to say that, “The parliament’s privilege was disparaged by the assistant registrar’s letter to the speaker of National Assembly directing her in the prime minister contempt case.”

Read more » The Express Tribune

Gilani hits back at the opposition

By Nusrat Javeed

Before hiring the services of Pakistan Army for launching a multi-pronged assault on troops of the ‘Evil Empire’ deputed in Afghanistan, Ronald Reagan needed some deceptive trappings of ‘democracy’ in Pakistan. General Zia facilitated him by inventing a consultative assembly in the early 1980s.

Continue reading Gilani hits back at the opposition

Today, Imran Khan asked for PM’s resignation for the implementation under Article 63 but what he was saying about the same article before, watch this!

The language of the video clip is urdu (Hindi).

http://www.youtube.com/watch?feature=player_embedded&v=JE75V0oOM5w

» YouTube

Pakistan’s army should go back to the barracks

By Najam Sethi

The Pakistan army’s vaulting mission to remain the most powerful actor in Pakistani politics has received irreparable setbacks in the last few years.

On the one hand, this is due to the onset of several new factors in the body politic determining the direction of political change in the future.

On the other, it reflects poorly on the ability and willingness of the army’s leadership to understand the far-reaching nature of this change and adapt to it seamlessly.

Pakistan’s future as a viable nation-state now depends on how the generals read the writing on the wall and quickly come to terms with it. Here is a checklist of recent failures that have downgraded the Pak army’s rating with Pakistanis.

(1) The army’s policy of nurturing anti- Americanism in Pakistan for leveraging its strategic relationship with the US has backfired and left it stranded in no-man’s land. It can’t let go of the US privately for purposes of economic rent and military aid extraction but it can’t embrace it publicly because of the rampant ‘Ghairat’ brigade of extremist Islamic nationalists that it has brainwashed.

(2) The army’s policy of nurturing the Afghan Taliban in private while appeasing the Pakistan Taliban in public has also backfired.

The Afghan Taliban are now negotiating directly with America while the Pakistan Taliban are waging an ‘existential’ war against the Pak army and civil society. PAK army’s relationship with the government, opposition, and media is at an all-time low.

The government has meekly folded before the army on every issue; but the army’s arrogant, intrusive and relentlessly anti government propaganda and behaviour is deeply resented.

The media is also wiser and critical about its manipulation by the army and ISI viz its Drone policy, the Raymond Davis affair and Memogate.

Question marks remain over its incompetence or complicity in the OBL affair, especially following recent revelations by former DG-ISI Ziauddin Butt that General Pervez Musharraf ‘hid’ Osama Bin Laden in Abbottabad.

The murder of journalist Saleem Shahzad, followed by running threats to a clutch of independent journalists, is laid at the ISI’s door.

The ease with which terrorists have breached military security, as in the attacks on GHQ, ISI offices, military Messes, Mehran Naval Base, etc also rankle deeply.

Finally, the media is now speaking up and asking disturbing questions about the role of MI in the disappearances and torture of Baloch activists. Consequently, the media is loath to blindly follow the army’s ‘line’ on any issue any more. The PMLN, meanwhile, has gone the whole hog, openly demanding that the intrusion of the military in politics must be curtailed and the army’s overweening power cut to size.

If its ratings are falling, the army’s ability to manipulate politics to its ends is also diminishing. In the old days, the army chief was the most powerful member of the ruling troika that included the president and prime minister. Now the office of the president has lost its clout and there are two new and powerful contenders for say.

The first is the judiciary under Chief Justice Iftikhar Chaudry that has unprecedentedly pushed politicians into a corner for corrupt practices and the military on the defensive for being unaccountable (the Mehrangate affair of 1990, disappearances and murder of Baloch and Taliban extremists in captivity).

The second is the electronic media that is reaching tens of millions of Pakistanis and courageously raising their consciousness. Neither will countenance any direct or indirect military intervention in politics. Recently, in a bid to salvage some wounded pride, the army chief, General Ashfaq Kayani, said that defense expenditure is a mere 18 per cent of the budget and not over 50 per cent as alleged by critics like Maulana Fazlur Rahman. But the truth is that defense expenditure is about 25 per cent of the budget after hidden ‘defense’ items in government expenditures like the military’s salaries and pensions, special project allocations, etc are unveiled and supplementary grants in any budgetary year are accounted for.

More to the point, it is about 50 per cent of all tax revenues in any year, which puts a big burden on the fiscal deficit. Gen Kayani also insists that the army is not involved in quelling unrest in Balochistan. But the fact remains that the Rangers and Frontier Corps who are in charge of ‘law and order’ in the province are directly commanded by army officers who report to GHQ even though they are formally under the interior ministry.

Continue reading Pakistan’s army should go back to the barracks

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

Justice served

By Saad Hafiz

Excerpt;

…. It is probably an understatement to suggest that past SC judgments have not helped the cause of democracy and the rule of law in the country. The following examples come to mind. In 1954, the otherwise brilliant Chief Justice Munir invoked the ‘doctrine of necessity’, validating the dissolution of Pakistan’s first constituent assembly, which many feel set the precedent for future authoritarian intervention the country. To his credit, Justice Munir also wrote a thought-provoking book, From Jinnah to Zia, arguing that Mr. Jinnah stood for a tolerant and secular state where Muslims and non-Muslims had equal rights.

Later, Chief Justice CJ Anwarul Haq is ‘ill-famed’ for giving gave legitimacy to General Zia’s martial law and for upholding the decision of the Lahore High Court, which sentenced Mr ZA Bhutto to death for conspiring in the murder of a political opponent. Ironically, unlike incumbent Chief Justice Iftikhar Chaudhry, Justice Anwarul Haq became the first Justice and perhaps only chief justice to refuse taking the oath under the military imposed PCO and resigned on conscientious grounds in 1981.

Beyond the cases of the ‘disappeared’, the security establishment has always escaped accountability for causing great harm to country by fighting and losing needless wars, pursuing flawed national security policies and more recently for their incompetence in the bin Laden and Mehran episodes. It is not unreasonable to hope that the SC will show an even handed approach in dealing with an elected government and other powerful institutions like the armed forces who are in effect a law unto themselves.

Read more » Pak Tea House

http://networkedblogs.com/tUSfo

Watch Top anchor person of Pakistani media, Mubashir Lucman on Chief Justice of Pakistan, Iftikhar Chaudhry

Mubashir Luqman is one of the top Pakistani anchor persons on TV. As is evident from the name of his program “Khari Baat” (Straight Talk) Luqman is known and revered for bringing out the truth in all its forms with the right amount of audacity and courage. He also writes regularly for the newspapers. Viewers of Mubashir Luqman’s programs are captivated by his hard-hitting questions and dauntless opinion. The language of the talk show is urdu.

» YouTube

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

Some sanity, but the shenanigans go on

By Kamran Shafi

Excerpt;

…. The Prime Minister is again summoned to the SC on charges of contempt of court. By golly, the majesty of the Honourable Court when it comes to ‘bloody civilian’, elected leaders! When will those who disappear people, or those who imprisoned the judges in their homes also appear in court? …

Read more: The Express Tribune

The International Commission of Jurists (ICJ) expresses concern over Husain Haqqani’s security

PRESS RELEASE – GENEVA – The International Commission of Jurists (ICJ) has expressed grave concern for the infringement of rights of Husain Haqqani, former Pakistani ambassador to the United States of America.

Husain Haqqani faced a vicious media trial following which the Supreme Court of Pakistan on a petition filed debarred him from travelling abroad, despite the fact that he has not been charged with any crime,” said Sheila Varadan, International Legal Advisor at the ICJ Asia-Pacific Regional Office. “Husain Haqqani continues to receive threats and has been painted as disloyal to the country. There is, though, no proof of any betrayal of his duties as an Ambassador of Pakistan to the United States.”

“We are calling on the Pakistani Authorities to respect Husain Haqqani’s right to be presumed innocent and to remove the restriction on his right to leave the country and any other restrictions on his right to freedom of movement,” added Varadan. “They must also ensure his personal safety at all times and respect his right to a fair and impartial hearing throughout the Inquiry process.”

Courtesy: Pakistan Today

Mansoor Ijaz – A whistle blowing hero to some, a villain doing the Pakistan military’s dirty work to others

Who is Mansoor Ijaz? The US businessman behind Pakistan’s ‘Memo-gate’

A whistle blowing hero to some, a villain doing the Pakistan military’s dirty work to others, Ijaz is above all a mysterious anomaly.

By Issam Ahmed

Islamabad, Pakistan – A multi-millionaire American businessman at the center of a political crisis in Pakistan refused to travel to Islamabad Monday to testify before a Supreme Court commission, saying he feared for his personal safety. ….

Read more » csmonitor

http://www.csmonitor.com/World/Asia-South-Central/2012/0125/Who-is-Mansoor-Ijaz-The-US-businessman-behind-Pakistan-s-Memo-gate

DAWN Editorial on Memogate: Its “Time to move on.” “Eternal shame of all those involved in creating the hysteria.”

Time to move on

THE high drama over memogate has given way to low farce. Yesterday, the high-powered judicial commission formed to assist the Supreme Court ascertain the ‘origin, credibility and purpose’ of the memo tried several times to convince a reluctant Mansoor Ijaz to travel to Pakistan and appear before the commission. ….

Read more » DAWN.COM

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

Army providing security to Mansoor Ijaz uncalled for: Gilani

By Abdul Manan / Web Desk

LAHORE: Asking the army to provide security to Mansoor Ijaz as if he is some head of the state or someone more important than the American president is all “rubbish”, said Prime Minister Yousaf Raza Gilani on Sunday. ….

Read more » The Express Tribune

Pakstan Army that refused security to twice former Prime Minister Benazir Bhutto because she was seen as pro-U.S., is to provide security to an American Mansoor Ijaz who is anti-Bhutto

Security will be provided to Mansoor Ijaz: Army

ISLAMABAD: The meeting of corps commanders headed by the Army Chief General Ashfaq Pervez Kayani on Thursday decided to provide Mansoor Ijaz with security upon his arrival in the country for the hearing of memogate case, DawnNews reported. ….

Read more » DAWN.COM

http://www.dawn.com/2012/01/12/security-will-be-provided-to-mansoor-ijaz-army.html

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