Tag Archives: Chaudhry

Is the Judiciary really Independent?

by Mahmood Adeel

One of the bedrocks of a democracy is the existence of an independent judiciary. Article 25 of the Constitution guarantees that “All citizens are equal before law and are entitled to equal protection of law”. But is this actually the case? Or are some citizens given special preference, while others are treated as suspect before they are ever even charged with a crime? Unfortunately, several recent events point to a troubling possibility – that not all citizens are equal before the law, and even if the judiciary is independent of the elected government, it is not independent of certain unelected institutions.

When Mansoor Ijaz’s revealed his famous memo back in October, the nation understandably wanted to know the facts of the case. Parliament initiated an inquiry, but the judiciary stepped in and set up their own commission claiming to be an independent institution. When Asma Jahangir appeared before the Supreme Court in defence of Husain Haqqani, however, she received a reprimand from the Chief Justice for daring to present evidence that contradicted the opinions of military generals.

The chief justice said: “Instead of giving importance to our own people (COAS and ISI DG) why should we consider the James’ affidavit more credible. Asma said army chief’s team brought the memo issue to his knowledge and on that basis he submitted his affidavit. The chief justice said armed forces have rendered lot of sacrifices for the defence of the country and they have respect for Chief of Army Staff (COAS).

Continue reading Is the Judiciary really Independent?

Setting the house in order

By Saroop Ijaz

The difficulty of maintaining a pretence of conducting a profound analysis in Pakistan is that nothing ever ends. So the event one seeks to comment on is always underway hence, exposing the commentator to the real possibility of indignity in misinterpreting the happenings. The mayhem of the last few days is not over yet. It does, however, point out the fragility and precariousness of this architecture of democracy. It is almost as if this period of democratic governance is a momentary armistice, a feebly vulnerable interruption to the continuous military rule. Another disturbingly striking thing is the complete abandonment of core principles on the first sight of attack. In all fairness, none of this is unprecedented but it manages to make one cringe every time.

The prime minister is empowered to terminate the contract of a federal secretary and to comment on the conduct of the army and intelligence chief and for this reason it is hardly news worthy enough of interrupting the nation in frenzied tones. There has been some feeing of triumphalism and jubilation on being able to thwart or possibly delay a coup. Perhaps rightly so, yet the most recent episode is unique in the public manner in which the whole episode was conducted. Gone are the days where out of the blue, one will see a pompous general creeping out of nowhere and saying ‘meray aziz humwatanon’ on national television. This time, the intimidation and bullying was deliberately done in the full view of the public eye, the ISPR press release cautioning of “dire consequences” had the unmistakable slant of blackmail. The utter absence of embarrassment was unbelievable. It was like being subjected to the ISPR version of O J Simpson’s, “If I did it.” The response by the media and the politicians failed to ask the most basic question; did the ISPR posses any justification, legal or moral to threaten an elected parliament. Toni Morrison, once writing about the progress of African Americans in the United States said, “The question is whether our walk is progress or merely movement.” All this coming after four years of democratic rule, ours seems to be an awkward stationary wiggle.

If one is compelled to identify a positive coming out of this fiasco, it will probably be the fact that most of the media and major political parties refused to welcome the khakis. I have a mild suspicion that many of them did it grudgingly; it was the sheer impracticality of a ‘direct’ military takeover which guided their comments as opposed to any meaningful commitment to democracy. In any event, they merit whatever small congratulation is due. Nevertheless, whereas, it is a ridiculously easy and even intuitive question when asked to choose between an elected parliament and the khakis, I believe the real test lies ahead and not so far ahead. It would be if the same demagoguery is garbed in an intervention obtained through a judicial order or some other permutation of what has been somewhat suggestively named, ‘soft coup’. I have a feeling, the response by those agreeing to the abstract notions of democracy in such an event would be more of a waffle and exposing — I certainly hope I am wrong.

The prime minister has already formed the undesirable habit of displaying almost schizophrenic alternating bouts of gallantry and meekness. The ostensible reason is to avoid institutional conflict. It is not a ‘conflict’, it is capitulation in the face of assault, certainly not self-preservation in any long-term meaning. A lot of ink has been spilled (or at least the word processor equivalent) on how to set the civil-military balance incrementally right by people having considerably more expertise on such matters than myself. Yet, the answer to me, at least, is fairly simple. The prime minister should sack the army chief and the director general ISI for gross misconduct and insubordination. To put it at its harshest, their performance records, especially recently have been humiliatingly ordinary. Even otherwise, they cannot claim to be not given a fair innings, they have served, perhaps more accurately commanded for a period reasonably exceeding the normal. In any event, they have considerably overstayed their welcome. I know this proposal seems incredibly naïve even reckless, but I am afraid that needs to be done, even if it means staking the government on it. To romanticise it a bit, “Conscientious Objector” is a beautiful poem by Edna St Vincent Millay, some of its verses go,” I shall die, but/ that is all I shall do for Death/ I hear him leading his horse out of the stall/ I hear the clatter on the barn-floor/ ….But I will not hold the bridle/While he clinches the girth/ And he may mount by himself / I will not give him a leg up.”

I do not in any way suggest a literal scenario as terminally grim as that in the poem but Mr Prime Minister, at least, do not give them a leg up. Trying to maintain a wobbly equilibrium, a false feeling of reconciliation and shallow coexistence will not work, it never has, never does. In terms of basic economics, it is the case of Gresham’s law, the bad would drive out the good, if it is overvalued long enough with a clear preference. Negotiating or plea bargaining the way in and out of situations where you are strong-armed is not survival or diplomacy. It has now become a question of modalities and timing, rather than “if”. Stories both in real life and fiction are remembered inordinately by the ending. Albert Camus ends his La Peste (The Plague) by observing that though the plague was over and the city had returned to normalcy, “the plague bacillus never dies … that it can lie dormant in furniture and linen chests… perhaps the day would come when,… it roused up its rats again and sent them forth to die in a happy city”. Fire the two generals and make a point, the bogus feeling of security is going to end soon anyways.

The writer is a lawyer and partner at Ijaz and Ijaz Co in Lahore saroop.ijaz@ tribune.com.pk

Courtesy:  The Express Tribune, January 15th, 2012.

http://tribune.com.pk/story/321514/setting-the-house-in-order/

Lawyers can do little if judiciary bent upon sending govt home: Asma

By Rana Yasif

Former Supreme Court Bar Association president Asma Jahangir continues her criticism of the judiciary.

LAHORE: Continuing her criticism of the judiciary, former Supreme Court Bar Association president Asma Jahangir has said that there is little that lawyers can do if the institution is poised to send the government packing. “It is difficult to run a government if civilian institutions cooperate with the establishment,” said Jahangir ….

Read more » The Express Tribune

Tehelka – Coup & Memo: In the battle of nerves between the civilian and the military establishment he who can stay the longest, wins

Round 1 to the Civilian Government

In the battle of nerves between the civilian and the military establishment in Pakistan, he who can stay the longest, wins

By Mohammad Taqi, Columnist, Daily Times

EVER SINCE the controversial Memo in October 2011, allegedly seeking American help in case of a military coup, trouble has been brewing in Pakistan. The latest is the sacking of Lt Gen (retd) Khalid Nadeem Lodhi as defence secretary on 11 January by Prime Minister Yousuf Raza Gilani. The civilian-military relationship in Pakistan is going through a churn. The military wants to get rid of President Asif Zardari. The Supreme Court allowed itself to be dragged into the situation through a PIL. But the elected Pakistani civilian government, Pakistan People’s Party (PPP) and its coalition partners are not going to give in without a fight. Under the circumstances, the sacking of Lodhi was inevitable. It sends a clear message in a long drawn out war of attrition that will ultimately decide which way the balance of civil-military relationship tilts.

The establishment has been speaking through press releases issued by the Inter Services Public Relations (ISPR). On 11 January, it issued a fourth statement criticising the government. Previously, the prime minister had retaliated by implying the army was trying to become a State within the State and had issued a visa to Osama bin Laden. That did not go down well. The civil-military relationship has not recovered from this blow, and relations are souring. The judiciary appears to be allied with the military establishment or at least feels that their interests are in confluence.

The army wants the current PPP dispensation to go, but a text-book coup d’état is not possible in the present day. With an active social media, a questioning press and Pakistan’s economic condition, it is not a feasible option. The army is frustrated and is making this public but with everyone harping on about democracy for so long, it’s not easy for anyone — not Kayani, not the top judge — to sack the present system. They might be facing allegations of corruption or bad governance, but you have to vote them out.

Gilani’s statement says the army chief and the DG, ISI, Shuja Pasha did not follow the protocol in the Memogate proceedings in court. The briefs the three filed with the court were diametrically opposed to the government’s position in the Memogate scandal. Constitutionally, the ISI is under the prime minister. The army chief reports to the president and also the PM via the defence ministry. The defence secretary made a statement in the court saying the government has administrative and not operational control over the army and the ISI.

Prior to that, Pasha met Pakistan-American businessman Mansoor Ijaz in London. The ISI is an intelligence-gathering and not an investigating agency. He brought back evidence that is now being made admissible in the civil court. Pasha went without the permission of the civilian leadership. The PM was informed through Kayani only after he returned.

Things would have been different a decade ago; the army would have toppled the government. Today, it’s a battle of nerves. Whoever blinks first, loses. So far, Gilani has not blinked, but his options are limited. Even if he fires Pasha and Kayani, he has to select from a pool of 200 generals, as he has no one in the PPP to replace him. Pasha’s head is certainly on the chopping block, but the PPP will not win this by a knockout, but on points. Taking it to the last round will mean they have won. As long as Zardari, Gilani and Hussain Haqqani — and the general public — stick together, the civilian government will prevail.

Courtesy: Tehelka.com

http://www.tehelka.com/story_main51.asp?filename=Op210112Round.asp

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

Pro-democracy protest: Protestors threaten civilian unrest if govt toppled

LAHORE: Pakistan Peoples Party (PPP) and the Civil Society Network and Center for Peace protested against the judiciary and army on Thursday, warning the two institutions of civilian unrest if they tried to topple the PPP led coalition government.

Talking to The Express Tribune, Abdullah Malik, advisor to the Punjab governor, said that “The participants sensing the current democratic to be in danger have decided to come out on the roads to show their solidarity with the democracy.”

He added that only people had the right to change the government through their vote in a democracy and not the judge or the generals.

PPP members along with prominent representatives of civil society demonstrated in favour of the current democratic government at the Liberty roundabout.

Participants warned the judiciary and army that if it tried to topple the PPP led coalition government by using the Memogate affair as an excuse, then the civil society will protest on the streets.

Civil Society Network and Center for Peace members, including IA Rehman, Hussain Naqi, Shah Taj Qizilbash, Abdullah Malik along with South Asia Free Media Association’s (SAFMA) Anjum Rashid, Imtiazul Haq, Shoaib Adil and Amina Malik participated in the demonstration.

Other PPP members at the protest included Deputy Parliamentary Leader in the Punjab Assembly, Azma Bukhari and Altaf Qureshi. …

Read more » The Express Tribune

Pakistan’s Generals & Judges beg Memogate Millionaire to come

– Mansoor Ijaz’s visa application not yet received: Foreign Office

By APP

ISLAMABAD: The Foreign Office on Thursday said its High Commission in London or any other consulate has not yet received a visa application from Mansoor Ijaz, a key character in the memogate scandal.

“We have not received a visa application by Mansoor Ijaz either at the High Commission in London or any other consulate,” said Foreign Office Spokesperson Abdul Basit in his weekly press briefing here at the Foreign Office Thursday.

During the proceedings of the investigative commission probing the memo scandal, Mansoor Ijaz’s lawyer, Akram Shaikh said that his client was not being issued a visa for Pakistan.

The commission directed the embassies in Switzerland and United Kingdom to issue a multiple visa to Mansoor Ijaz upon the receipt of his passport and application without other conditions.

Courtesy: DAWN.COM

via » Twitter » TF’s Tweet

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.

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President Zardari asks parliament to review NRO verdict

Parliament to decide my fate: Zardari

By APP / Express

ISLAMABAD: President Asif Ali Zardari, after consulting all coalition partners, has announced the decision to table the National Reconciliation Ordinance verdict of the Supreme Court before the parliament, Express News reported on Tuesday evening.

(Read: NRO case: Supreme Court warns president, PM of disqualification)

Zardari met with heads of coalition parties, including Chaudhry Shujaat Hussain of Pakistan Muslim League -Quaid, Asfandyar Wali and Afrasiab Khattak of Awami National Party, Asadullah Zehri of Baloch National Party – Awami along with Muttahida Qumi Movement leaders Farooq Sattar and Babar Ghauri, at the presidency in Islamabad. The Prime Minister was also present in the meeting.

They discussed Supreme Court’s decision and the overall political situation in the country.

Zardari said that the parliament was a representative of the people and was the supreme most authority in the country. Hence, if he were to resign, it should be decided in the parliament.

Zardari has summoned an emergency session of the parliament for 4 pm on January 12.

Prime Minister Yousaf Raza Gilani said that the government could not be threatened with verdicts.

Zardari and Gilani are due to participate in a PPP core committee meeting as well.

Read more: nroverdict

Courtesy: The Express Tribune

http://tribune.com.pk/story/319582/parliament-to-decide-my-fate-zardari/

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.

Of memogate and precedence – By Waris Husain

As Habib Jalib said, “How can this desert be called a rose garden? How can I write a silver lining of this cloud? We have inherited this grief from the past, how can I write this grief anew?”

Critics argue that the Supreme Court’s decision to continue its probe of Memogate is a replay of past judgments which legitimised the will of the military over the people’s civilian government. Others contend that the will of the people demands that Zardari and his cohorts be punished in any manner for corruption, and the Supreme Court’s decision is one step in that political fight.

Though the Supreme Court judges and the Lawyer’s Movement acted as a political force to remove Musharraf, they should reexamine their roles in the battle for constitutional supremacy today. The Court has a valid interest in applying the rule of law equally to all, including Presidents and former Ambassadors, but they must also recognise the context of that judgment. The law, unlike politics, is powerful only when it follows precedent, and the precedent being set by the court today is quite a dangerous one for the future of civilian-military relations.

The Supreme Court’s order calls for a three judge panel to collect evidence and present findings within one month. In the Order, the Supreme Court stated that it was protecting fundamental rights recognised in Articles 9, 14, and 19A of the Constitution. These articles protect the right to due process, dignity of man, right to information of matters of public importance.

Continue reading Of memogate and precedence – By Waris Husain

Scenes from Pakistan: Islamist lawyers & “dancing girls” after PM chased away

Sheela ki jawani (Sheila’s Sexuality) – Girl Dances in Lahore Bar Association Conference in Lahore

http://www.youtube.com/watch?feature=player_embedded&v=4ksYjqu-Vno

Courtesy » Express News Tv » YouTube

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Turkey’s former military chief arrested over alleged anti-government plot

By Associated Press

ISTANBUL — A former Turkish military chief suspected of leading an Internet campaign to stir revolt was jailed Friday in a sweeping investigation of alleged conspiracies to topple a civilian government that has stripped the armed forces of political clout.

Gen. Ilker Basbug, 68, was the most senior officer to face trial in the anti-terror probes that began years ago, netting hundreds of suspects, many of them retired and active-duty military officers. The government casts the inquiries as a triumph for the rule of law and democracy, but suspicions of score-settling, long imprisonments without verdicts and other lapses have tainted the legal process.

The investigations serve as a pivotal test for Turkey’s ability to put its own house in order even as it seeks a higher profile in a turbulent region where the Turkish brand of electoral politics and Islam-inspired government is viewed by some as worthy of emulation.

Perhaps most notable about Basbug’s arrest was the muted public response in a country where civilian leaders were once beholden to the generals, and any hint of conflict stirred fears of a coup. The power balance shifted in the past decade as Prime Minister Recep Tayyip Erdogan undermined the premise that the military brass were the untouchable guardians of secularism, as enshrined in the constitution. …

Read more » The Washington Post

Permanent coup d’état?

By Aqil Shah

FORMER French president François Mitterrand used to deride Charles de Gaulle`s Fifth Republic as a “permanent coup d`état”.

He might as well have been talking about Pakistan, the only country in the world that seems almost permanently trapped between military coups. The spectre of the next putsch continuously haunts elected governments. The question is not if there will be a coup, but when. The most recent `near` coup over the memo scandal is only the latest example of how deeply entrenched coup politics is in our political process.

From the ISI chief`s autonomous investigation into the mysterious memo to the army chief`s politically insubordinate affidavit in the Supreme Court, the generals have clearly revealed their utter disregard for democratic norms. …

Read more » DAWN.COM

Video (Urdu): Pakistani “security consultant” Zaid Hamid implicitly warns memogate judges not to acquit Husain Haqqani.

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

» YouTube

In short the prime minister should now be reading to face the contempt of court charges

PPP to not respond to court in Swiss case

ISLAMABAD: Pakistan Peoples Party (PPP) categorically refused to submit a letter to Swiss authorities as demanded earlier by the Supreme Court, Express News reported on Thursday. The decision was taken during a meeting of the party’s core committee.

Chairing the committee meeting, President Asif Ali Zardari remarked that the Constitution provides the president with immunity in such cases. Prime Minister Yousaf Raza Gilani was also present at the meeting.

The Supreme Court on January 3 gave a seven-day deadline to the government for the implementation of the National Reconciliation Ordinance, which included an order to the government to write a letter to Swiss authorities to reopen cases against President Zardari.

The meeting continues in the President House, and sources say that the Memogate issue will be discussed along with upcoming Senate elections, current political situation of the country and relations with coalition parties. ….

Read more » The Express Tribune

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‘Sherry Rehman reluctant to go to Washington’

Reports from US say that Sherry Rehman is reluctant to assume charge as envoy.

As the government getting fragile due to rising tensions with both judiciary and army, there are reports in Washington that Pakistan’s Ambassador-designate Sherry Rehman is reluctant to assume charge.

According to well-placed sources, Sherry’s indecisiveness was being discussed in knowledgeable quarters in the American capital. The sources claimed that the Ambassador-designate was not sure about the longevity of her party’s government.

“It was useless for her to travel to Washington to join the duties of most crucial ambassadorship of Pakistan here if the PPP government’s days are numbered,” the sources observed while quoting senior US Administration officials.

The sources cited the government’s two-way frictions against both the apex judiciary and the army in support of their argument for which Sherry was reportedly reluctant. “That is why” the sources added, “Sherry has realized of late that the establishment is having problems with the entire PPP government instead of just her predecessor Hussain Haqqani”.

With this background, the sources claimed that Sherry has already conveyed her apprehensions to the seniors in the party as well the government. She may regret taking on assignment quoting personal reasons.

The sources linked the visits of Speaker National Assembly Dr Fahmeeda Mirza and Chairman Senate Farooq Naik to the US on Jan 10 and 12, respectively, to these developments. The purpose of these two high profile visits has not been made public so far, the sources added. ….

Read more » DunyaNewsTV

Forensics and data may not resolve memo issue

By Asmat Zubair

ISLAMABAD: Although the focus so far in the media and the Supreme Court has been on the authenticity or otherwise of the text and BlackBerry messages allegedly exchanged between Mansoor Ijaz and Husain Haqqani, the real task of the memo commission might be to address the non-forensic questions about the origins of the memo.

According to legal experts who have read Mansoor Ijaz’s 81-page affidavit and additional submissions before the Supreme Court, his essential claim is that Husain Haqqani told him to write the memo in a telephone call from a London hotel. The rest of the material is included only to create the impression of close contacts between Ijaz and Haqqani and has no direct relevance to the memo.

As the Supreme Court heard arguments only about maintainability of the petitions about the memo, Haqqani’s lawyer Asma Jahangir was not allowed to make arguments about the substance of Mansoor Ijaz’s claim and point out the flaws in his story.

Careful reading of all the 89 texts and BBM messages submitted by Mansoor Ijaz shows that not once has Haqqani mentioned the memo in any of the alleged messages. Even if forensic evaluation determines that these messages were exchanged, Haqqani’s alleged connection to the memo still depends on Mansoor Ijaz’s claim of what was discussed in their phone call.

Although the DG ISI Lt General Ahmed Shuja Pasha found Mansoor Ijaz’s claim sufficiently reliable to demand a forensic inquiry, the judicial commission will have to address the political question of why Pasha and Mansoor Ijaz met on October 22 and why Mansoor Ijaz wrote the article in the Financial Times on October 10 that attracted the Pakistani military’s concerns leading to the Pasha-Ijaz meeting.

It is interesting to note that Ijaz says in his affidavit to the Supreme Court (Page 4), “At no time did I meet Haqqani in person” even though the very first Blackberry message sent by him to Haqqani on May 9, according to him, (Page 6 of affidavit) said, “I’m in Monaco but it’s no problem for me to fly up. Takes 90 minutes.” ….

Read more » The News

BlackBerry maker vows privacy safeguard amid probe

By AFP

OTTAWA — Research In Motion vowed Tuesday to defend the legal privacy rights of BlackBerry users after a judicial commission in Pakistan ordered copies of smartphone communications in a scandal probe.

The Canadian firm reacted to news that a Pakistani commission was seeking records for a probe into an unsigned memo purported to ask for Washington’s help to rein in Pakistan’s military.

The highly controversial memo was allegedly an attempt by a close aide of President Asif Ali Zardari to enlist the US military’s help to head off a military coup in May in Pakistan. …..

Read more » http://www.google.com/hostednews/afp/article/ALeqM5iH0E_CyR0Lc1k_N63vVDrY0MThqg?docId=CNG.3ec81592b40bb5358c1575a97cd5b5ce.201

Pakistan Bar Council (PBC) Vice chairman (VC) Latif Afridi has backed noted lawyer and human rights activist Asma Jahangir’s stance regarding court’s judgement in the controversial memo scandal

PBC backs Asma’s stance on memogate

ISLAMABAD: Pakistan Bar Council (PBC) Vice chairman (VC) Latif Afridi has backed Asma Jahangir’s stance regarding court’s judgement in the controversial memo scandal, saying that the superior judiciary cannot play the role of an investigator in any matter. Talking to Daily Times, the PBC vice chairman endorsed Asma Jahangir’s stance that the Supreme Court has wrongly assumed its jurisdiction in the memo scandal. Regarding the memo probe commission, consisting of three high courts chief justices, Afridi said that ordinary litigants would face difficulties in this situation. “The nation is already divided politically, ethnically and economically… it cannot be allowed to further divide on judicial consideration,” he added. The VC hoped the judiciary would not become a source of conflict and things would proceed in accordance with the constitutional division of powers. “Pakistan needs coherence, unification and support of all the federation units and democratic forces, minus those who make hay while the sun shines,” Afirdi said. He urged the SC not to adopt dual standards, and take notice of Mansoor Ijaz’s other statement regarding the ISI director general’s visits to the Arab countries for the removal of President Asif Ali Zardari. The PBC VC urged the court to adopt the policy of judicial restraint, and refrain from entertaining political cases, as the move could make the SC prone to allegations of favouritism. On the other hand, he urged the chief justice of Pakistan to take up the Asghar Khan case. Concerning Pervaiz Musharraf’s return, he said the lawyers would agitate against the former dictator upon his arrival. hasnaat malik

Courtesy: Daily Times

PAKISTAN’S Supreme Court opened a potentially government-toppling commission into the “Memogate”

Memogate’ scandal threatens Pakistan stability

PAKISTAN’S Supreme Court opened a potentially government-toppling commission into the “Memogate” scandal yesterday, ignoring accusations from the human rights commissioner that the law was being used to transform the country into a “security state”.

Asma Jehangir, also president of the Supreme Court Bar Association, lashed out at the judiciary as she announced she was standing aside as legal counsel for former US ambassador Husain Haqqani because she believed he had no chance of a fair hearing.

Courtesy: THE AUSTRALIAN

http://www.theaustralian.com.au/news/world/memogate-scandal-threatens-pakistan-stability/story-e6frg6so-1226235079207

Pakistan’s leading lawyer, Asma Jahangir on Supreme Court’s decision on memogate: we know of Shakespearian tragedy, now we will see “Sheikh Chillian” tragedy

Asma Jahangir, Pakistan’s leading lawyer, former President Supreme Court Bar Association of Pakistan and former United Nations Special Rapporteur on Freedom of Religion says says, “we can’t compromise on fundamental rights, people’s rights. 2ndly, there was no danger to national security”. The language of interview is urdu (Hindi).

http://www.youtube.com/watch?v=ZJcL6wpeVeQ&feature=player_embedded

Courtesy: DAWN News Tv (Memo Gate [Asma Jahangir Exclusive Interview with Matiullah Jan] 1st Jan 2012 p3)

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TO LISTEN OTHER PARTS OF INTERVIEW: CLICK HERE

Watch – Asma Jehangir speaks courage, clarity and truth on Dawn News Tv in her interview

ASMA JEHANGIR, Pakistan’s leading lawyer, former President Supreme Court Bar Association of Pakistan and former United Nations Special Rapporteur on Freedom of Religion says she did not trust the commission formed by the Supreme Court to investigate the memo-scandal, alleging that the Supreme Court judges were under the [military] establishment’s influence. She says, ISI fear forced former Ambassador Husain Haqqani to stay at PM House. She said Supreme Court’s job to support citizens, uphold Constitution & fundamental rights not “national security”. The language of the interview is urdu (Hindi).

http://www.youtube.com/watch?feature=player_embedded&v=HD2w6mYSxZ8

Courtesy » Dawn News Tv (Memo Gate [Asma Jahangir Exclusive Interview withMatiullah Jan] 1st Jan 2012 – p4)

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TO WATCH OTHER PARTS OF THE INTERVIEW: CLICK HERE

Asma refuses to continue as Haqqani’s lawyer

ISLAMABAD: Renowned lawyer Asma Jahangir on Sunday refused to continue as former Ambassador to the US Hussain Haqqani’s counsel in the memogate case, DawnNews reported.

Asma Jahangir said that she did not trust the commission formed by the Supreme Court to investigate the memo-scandal, alleging that the Supreme Court judges were under the establishment’s influence.

Asma also told DawnNews in an exclusive interview that Hussain Haqqani feared the powerful spy agencies may force him into giving a statement. This fear was the reason behind the former ambassador’s stay at the prime minister’s house, she said.

Moreover, she said that the Supreme Court’s decision on the memogate petition was a victory for the country’s establishment. The law was being used to transform the country into a ‘security state’, she said.

Courtesy: DAWN.COM

CJ Iftikhar Chaudhry has Violated the Constitution

The language of the talk show is urdu (Hindi).

Courtesy: Express News Tv (Front line with Kamaran Shahid) » YouTube

Who exposed the limitations of Parliament?

By Nusrat Javeed

I have been watching the rise and rise of Chaudhry Nisar Ali Khan on political scene since 1985. In spite of ruthlessly sticking to clique-building practices that our politicians have to follow for surviving, he is mostly straight and honest. Friday, he disappointed me however by repeatedly wailing over the “loss of respect for this parliament.” He went on narrating various events, examples and practices to eventually declare the National Assembly he sits in as the opposition leader, as ‘dysfunctional’ before leaving the house. Make no mistake; he did not walk out in protest, nor did he express the intent of resigning. He only left to join the Jumma prayer in time.

Read more » The Express Tribune

Memogate case: Asma Jehangir drags ISI chief into the ring

ISLAMABAD: The role of the country’s premier intelligence agency came under the spotlight at the Supreme Court on Tuesday, as Asma Jehangir, counsel for former ambassador to US Husain Haqqani, defended her client in the Memogate case.

In an assertion that blurred the boundaries between the alleged perpetrators and the victims in the case, Jehangir termed Inter-Services Intelligence (ISI) chief Ahmed Shuja Pasha’s visit to London as a venture against the government.

“Many of us inside this courtroom are guilty of treason if the ISI’s statement is to be believed,” Jehangir said to a nine-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry.

“The likes of Benazir Bhutto and Wali Khan are also traitors by its standards,” she said. …

Read more » The Express Tribune

More details » BBC urdu