Tag Archives: Martial

I am disgusted at what Zia did to Pakistan

By Omer Kamal bin Farooq

To begin with, I absolutely loathe generals in uniform running countries. No matter how incompetent the politicians are, how relevant the doctrine of necessity is and how much of a messiah the man in the boots is, there is something very corrupt and amoral about the whole thing.

I remember watching Ziaul Haq’s martial law speech for the first time as a teenager during the peak of the lawyers’ movements. As a child who grew up in Musharraf’s martial law, I, for the first time, was discovering terms like ‘judicial independence’, ‘supremacy of the constitution’, and the ‘primacy of democracy‘. I was caught up in the romance of all that.

Then I saw his speech in which he shamelessly went on about how “Mr Bhutto’s” government has been brought to an end, assemblies dissolved and ministers removed.

What flabbergasted me was how could a man say all this in one sentence and never stutter for once. How could he tell his “aziz humwatno” (dear countrymen) that they are inconsequential and their elected institutions and people are nothing more than fragile toys left to the whims of a badly brought up child?

But he did all this, never being weighed down by the burden of his own words. Heck, he even talked about the constitution in the last part of the sentence. So the constitution, head of the government, provincial and national assemblies, ministers and governors, all went in the same sentence and the man did not even show a modicum of remorse. Despite this, we all know who was hanged in the wee hours of the morning and who got the much celebrated state funeral only fitting for a national hero.

A lot has changed in the last five years since I saw the video of his speech. The lawyers are upholding the law by banning Ahmadi-owned soft drinks and showering cold-blooded murderers with rose petals. Even judicial activism has been harbouring on the fringes of judicial martial law, but one thing has remained constant; my disgust for what Zia has done to my country and what he stood for.

Continue reading I am disgusted at what Zia did to Pakistan

The battle in Pakistan is not between executive and judiciary, but between rule of law and rule of a Judge

Know thy facts

By Feisal H Naqvi

There are moments in my academic past of which I am quite proud. Getting a distinguished Yale Law School professor of Constitutional Law to swear at me in open class is not one of them.

Continue reading The battle in Pakistan is not between executive and judiciary, but between rule of law and rule of a Judge

CJ’s remarks

CJ’s remarks

CHIEF Justice Iftikhar Chaudhry on Saturday fired the latest salvo in the perceived escalating fight between the superior judiciary and the PPP-led federal government. The Supreme Court, according to Justice Chaudhry, can strike down any legislation that is incompatible with the fundamental rights guaranteed under the constitution. While this is a well-established principle, the timing of Justice Chaudhry’s comments is impossible to ignore: the chief justice’s dilation on the ins and outs of the constitution came in a week that the government proposed legislation to protect its constitutional office-holders from suffering the same fate as former premier Yousuf Raza Gilani suffered recently. Unfortunate as it is that the past judicial practice of justices speaking only from the bench and through their judgments has been discarded in recent years, the comments by the chief justice come very close to pre-empting the legislative process. Astonishingly, however, the chief justice did not just stop there: he indicated that the supremacy of parliament was ‘out of place in the modern era’, the constitution itself enjoying pre-eminence over the will of parliament. This is explosive, particularly given the backdrop of the judiciary-government battles. Start with the claim that the constitution, not parliament, is supreme, add the corollary that the SC is the final and unquestioned interpreter of what the constitution does or does not permit — and suddenly Pakistan is in the realm of a supreme judiciary, an unelected institution dictating the contract by which state and society interact. This would be a fundamental shift in the way Pakistan’s constitutional arrangement is imagined and it is quite extraordinary that a serving chief justice would see fit to make such a pronouncement outside a judicial forum. In the SC, the chief justice is the administrative head but his vote is equal to that wielded by any other justice in any given case. Surely, then, at the very least, this is a matter to be decided before a full court, if and when the matter comes before the court.

But returning to the issue of fundamental rights guaranteed in the constitution, why is it that the court keeps invoking fundamental rights when it comes to engaging with the government instead of concentrating on securing the fundamental rights of the people? Why not focus on the broken judicial system in which the average complainant has virtually no hope of ever getting justice, and none of getting it on time? Why not focus on the abysmally low rate of successful prosecution that allows criminals to walk free? Must the court be so obviously selective?

Courtesy: DAWN.COM

http://dawn.com/2012/07/09/cjs-remarks-3/

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

Saparatist Sindhi nationalist leader & JSQM chairman Bashir Qureshi passes away

By: Amar Guriro

KARACHI – SINDH: Rrenowned Sindhi nationalist leader, chairman Jeay Sindh Qaumi Mahaz (JSQM) Bashir Kahn Qureshi has died on late Friday night. He was 54.

Qureshi was on his way to a small village Dari Magsi in Sakrand, district Benazirabad (Nawabshah) at the time.

Urdu television channels reported quoting initial reports that he died of fatal cardiac arrest, but despite several attempts the cause of the death was not confirmed.

Qureshi was a brave leader and spent all his life spreading the message of Great Leader Saeen G. M. Syed throughout Sindh and also struggling for Independent Sindhudesh.

In his last mammoth rally of an estimation of 0.7 million people chanting slogans of “Na Khapae na khapae, Pakistan Na Khapae” (We don’t want Pakistan) on M.A Jinnah Road of provincial capital city of Karachi-Sindh, he demanded international powers to help Sindhis to get their independent country—the Sindhudesh.

Political analysts are of the view that Qureshi’s death is great loose of nationalists who wants their independent country, the Sindhudesh.

Continue reading Saparatist Sindhi nationalist leader & JSQM chairman Bashir Qureshi passes away

Brig Ali approaches Abbottabad commission to record statement: Sources

By Sumera Khan

ISLAMABAD: Brigadier (retd) Ali Khan – who is accused of conspiring to overthrow the government and currently facing court martial proceedings – sent a request to the Abbottabad commission to record his testimony and to make revelations pertaining to the Kargil Operation and the 1999 military coup, sources have revealed.

Sources have said that Brig Ali has requested the Abbottabad commission to allow him to appear in a hearing as he has sensitive information pertaining to national security, which he think should be shared with them. He has, in his written request, stated that he is the one who was most affected by the May 2 raid in which Osama bin Laden was killed.

The application from Brig Ali had been sent though courier dispatch by his family.

Brig Ali, who is accused of having links with Hizb-ut-Tahrir (HuT), had earlier claimed that the court martial is to malign him because he had asked the military brass to fix responsibility for the May 2 raid. Charges of planning an air raid on the General Headquarters using F-16s had also earlier been dropped.

Courtesy: The Express Tribune

http://tribune.com.pk/story/354493/brig-ali-approaches-abbottabad-commission-to-record-statement/

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

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

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

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

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

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

Geo TV – Lekin: Imran Khan (PTI) Supports Martial Law under the garb of Judiciary

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

http://www.youtube.com/watch?v=LU56WiPMsrc&feature=youtu.be

Courtesy: Lekin with Sana Bacha on GeoNews Tv – 20th January 2012 – p3

via » Twitter » AM’s Tweet » YouTube

Intrusion in executive’s domain? Pakistan Supreme Court asks govt to say in writing it will not fire Army & ISI chiefs!?

Govt has no intention of sacking Kayani, Pasha: AG

ISLAMABAD: During the hearing of a petition filed against a possible removal of Chief of Army Staff (COAS) General Ashfaq Pervez Kayani and Director General Inter-Services Intelligence (ISI) Lt-Gen Ahmad Shuja Pasha, the government clarified that it had no intention of sacking the said officials, DawnNews reported.

Attorney General Maulvi Anwarul Haq told the Supreme Court bench hearing the petition that the government had no plans to take such an action.

On the attorney general’s explanation, Chief Justice Iftikhar Mohammad Chaudhry directed him to file a written reply after taking orders on the issue from the government. ….

Read more » DAWN.COM

Geo News – Pakistan Army agreed to ‘do certain things (for me) they haven’t agreed to do for anyone else’, says Mansoor Ijaz

Mansoor Ijaz claims he has US support for Pakistan visit

By Murtaza Ali Shah

LONDON: Repeating his claims of receiving threats from Pakistani officials on a daily basis, US businessman Mansoor Ijaz, has said he had now been assured by the US government of its support during his forthcoming visit to Pakistan.

Ijaz, who claimed to have delivered a controversial memo against the army to US Admiral Mike Mullen in May last year and accused then ambassador Husain Haqqani of being involved in crafting it, also says he would travel to Pakistan but would not say when.

In an exclusive interview with Geo News, Ijaz said he offered Haqqani to stop “telling lies” about him (Ijaz) and he would stop telling “the truth” about him (Haqqani) but said the former ambassador did not “stop”.

“I had a conference call with the US State Department a couple of days ago. The US government will provide the support that they always do for US citizens,” Ijaz said in the interview in London.

“They (the US government) made their official position very clear and I made my reasons for going very clear. They understand it’s a high profile case and they understand I am a reasonably high-profile American citizen,” he added.

“And I think If, god forbid, anything goes wrong they will certainly be there to help my family make sure that things got sorted out. I am absolutely confident that the American government will do the right thing if something went wrong,” he said without elaborating what could possibly go wrong.

Ijaz has been summoned by a judicial commission in Islamabad on January 24 (Tuesday), which was set by the Supreme Court following petitions on the issue moved by the opposition Pakistan Muslim League-Nawaz leaders and others.

The American national of Pakistani-origin was issued a one-year multiple-entry visa by the Pakistan High Commission on Thursday evening. Ijaz said he would travel to Islamabad but would not reveal his travel plans.

Ijaz appeared seriously distrusting of Pakistan government claims about his security. “Part of the problem is that you have government officials that are threatening me on a daily basis and I find that a little bit strange that from one corner of their mouth they are saying that I’m secure and at the same time they are threatening me too,” he said.

He said it was not just his personal protection that worried him but rather he was more concerned about the security of his family, businesses, the entire infrastructure around his life.

“I have to make sure that all of these things are attended to. I can’t just get up and recklessly go and do whatever I want to do,” he said but added that he did not want to “put an overburden on the system in terms of my personal security while I’m there”.

Ijaz explained he was a family man with a lot of personal, business and social commitments and wanted to make sure that “certain things had been addressed” to give everyone “peace of mind” when he travelled to Pakistan.

Ijaz praised the memo commission for addressing his concerns. He also appreciated the Pakistan army, which he said, had agreed to “do certain things that they have not agreed to do for anybody else and I very much appreciate that. …

Read more » Geo Tv News

http://www.geo.tv/GeoDetail.aspx?ID=31758

‘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

‘Institutions in Pak are on a head-on collision’

Q&A – Ayesha Siddiqa, Political Commentator

PAKISTAN IS in a political crisis, again. Prime Minister Yousaf Raza Gilani is openly targeting the army. The army and ISI are digging up dirt against the prime minister on Memogate and are angry with his statements. The judiciary is adamant on pursuing corruption cases against President Asif Ali Zardari and is charging the prime minister for contempt. Amidst all this chaos, talks of a possible coup are doing the rounds. Gilani has been summoned to appear before the Supreme Court. Controversial Pak-American businessman Mansoor Ijaz, the man who claimed to have delivered the controversial memo to the Americans, is to visit Pakistan on 24 January. Kunal Majumder spoke to Ayesha Siddiqa, Pakistan’s leading authority on civil-military relations, about her assessment of the changing equations between the army, judiciary and the government.

Excerpts From An Interview

A lot of commentators are suggesting that a coup is not possible in Pakistan anymore. Do you agree with this assessment?

I wouldn’t agree that it is impossible, but at this moment, it doesn’t seem likely. A coup will happen only when the army runs out of options. Now, the military has other options available. It has a fiery judiciary ….

Read more » Tehelka

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 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

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

If there is a coup then double coup-maker Musharraf says he will stand by the army

In the event of a coup, will stand by army: Musharraf

NEW DELHI: Former president and chief of the All Pakistan Muslim League General Pervez Musharraf says that he is “reasonably sure” that the military will not resort to a coup but will support the army if it takes over, Indian newspaper The Hindustan Times has reported.

“I don’t think the army intends to take over. The environment is not at all conducive for the army to do so. I think the army understands that,” Musharraf told Indian journalist Karan Thapar at CNN-IBN’s show “Devil’s Advocate”.

But in the event of a choice between the civilian government or the military, Musharraf categorically stated he will side with the institution that he served until he shed the uniform to become the president of Pakistan. “I’ve been an armyman and I can never imagine being against the army … I am with the army, I will stand by the army.” ….

Read more » The Express Tribune

Dawn: Call the bluff – By Cyril Almeida

Excerpt;

….  if the PPP channelled the spirit of it founder and discovered an audaciousness on which success in power politics is sometimes built, it could sack its tormentor-in-chief, Gen K.

A suicidal move? Perhaps. But on such bets is history made, and unmade.

Let him stay, and a death by a thousand cuts is virtually certain. But maybe he prefers conspiracy to directness because he can’t find it in himself to pull the trigger on a coup. Why not find out?

Nonsense, many may argue. The court won’t let the orders stand. Probably. But a coup by another name is still a coup.

Why not call the bluff and see where the chips fall? History beckons. Live in the present and a miserable fate awaits.

cyril.a@gmail.com

To read complete article » Cyril Almeida

http://www.cyrilalmeida.com/2012/01/15/dawn-call-the-bluff-by-cyril-almeida/

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/

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