Homophobic and secularphobic judges in Pakistan’s apex court
Related post: Pakistani Tweeples slam pro-JI homophobe Samad Khurram
’لامحدود اختیار سے سیکولر ازم کا خدشہ‘
پاکستان کی سپریم کورٹ کے چیف جسٹس افتخار محمد چوہدری نے کہا ہے کہ پارلیمنٹ کو لامحدور اختیارات دینے سے ملک سیکولرازم کی طرف جا سکتا ہے۔
پیر کے روز اٹھارہویں آئینی ترمیم کے خلاف درخواستوں کی سماعت کرتے ہوئے انہوں نے کہا کہ کسی بھی ادارے کے پاس لامحدور اختیارات نہیں ہیں اور ہر ایک ادارے کے اختیارات آئین میں درج ہیں اور تمام ادارے آئین کی پاسداری کے پابند ہیں۔
بی بی سی اردو کے نامہ نگار شہزاد ملک کے مطابق حکومتی وکیل افتخار میاں نے اٹھارہویں ترمیم کے حق میں دلائل دیتے ہوئے کہا کہ اعلٰی عدالتوں میں ججوں کی تعیناتی کے لیے پارلیمانی کمیشن کے قیام سے ججوں کی تقرری کے طریقہ کار میں مزید شفاف بنایا گیا ہے۔
انہوں نے کہا کہ پارلیمنٹ کو لامحدود اختیارت حاصل ہیں اور لوگوں نے موجودہ پارلیمنٹ کو آئین میں ترامیم کرنے کا اختیار دیا ہے۔
بینچ میں شامل جسٹس خلیل الرحمن رمدے نے حکومتی وکیل سے استفسار کیا کہ متعدد یورپی ملکوں کی پارلیمنٹ نے ہم جنس پرستوں کو شادی کا حق دیا ہے کیا پاکستان کی موجودہ پارلیمنٹ ایسا قانون بنا سکتی ہے جس پر سرکاری وکیل کا کہنا تھا کہ پارلیمنٹ اسلامی قوانین کے خلاف کوئی قانون سازی نہیں کرسکتی۔ جسٹس خلیل الرحمن رمدے کا کہنا تھا کہ اس سے ظاہر ہوتا ہے کہ پارلیمنٹ کے اختیارات لامحدود نہیں ہیں۔
حکومت پنجاب کے وکیل بیرسٹر شاہد حامد نے دلائل دیتے ہوئے کہا کہ عدالت اٹھارہویں ترمیم میں تصحیح کے لیے اُسے دوبارہ پارلیمنٹ کو بھیج سکتی ہے۔ انہوں نے کہا کہ قومی مصالحتی ارڈیننس یعنی این آر او سے متعلق عدالتی فیصلہ موجود ہے جو انہوں نے پارلیمنٹ کو بھیج دیا تھا لیکن پارلیمٹ نے اس کی توثیق نہیں کی جس کے بعد عدالت نے اُسے کالعدم قرار دے دیا۔
انہوں نے کہا کہ اُن کا موکل اعلی عدالتوں میں ججوں کی تعیناتی کا ایسا طریقہ کار چاہتا ہے کو قابل عمل اور سب کے لیے قابل قبول ہو۔ انہوں نے کہا کہ پارلیمنٹ کی بالادستی اور عدلیہ کی آزادی آئین کے بنیادی خدوخال میں شامل ہے اس میں کسی ایک کو دوسرے پر فوقیت نہیں دی جاسکتی۔
ان درخواستوں کی سماعت منگل کو دوبارہ ہوگی۔
Source: BBC Urdu
….
SC questions parliament’s ‘unlimited powers’
By Qaiser Zulfiqar
Published: August 17, 2010
ISLAMABAD: “Our country can become secular if the Parliament has unlimited authority to amend the Constitution,” Chief Justice Iftikhar Muhammad Chaudhry remarked on Monday when the federation’s consel argued that the Parliament enjoys unlimited powers to amend the Constitution.
“If the parliament says that there is no religion, would everybody agree,” the Chief Justice asked the consel.
Two lawyers of the federation, Iftikhar Ahmad Mian and Khurshid Ahmed Sudhi, completed their arguments in defence of the 18th constitutional amendment before the 17-member larger bench of the Supreme Court headed by the chief justice on Monday.
Another response to Iftikhar Mian’s argument that the Parliament enjoys unlimited powers to amend the Constitution was Justice Khalilur Rehman Ramday’s rhetorical query that since the Parliament in Britain has declared gay marriage valid, was it possible in Pakistan.
Iftikhar Mian responded that the Parliament cannot make any amendment contrary to the injunctions of Islam, to which Justice Ramday observed: “It is proved then that the authority of the Parliament to amend the Constitution is limited and it is rightly written in the Constitution that no amendment can be made against the teachings of Islam – but nonetheless a bar can be imposed.”
Source: Express Tribune
Chief Justice vs. Straw Man
According to its website, the Supreme Court is “the Court of ultimate appeal and therefore final arbiter of law and the Constitution. It exercises original, appellate and advisory jurisdiction. Its judgments/decisions are binding on all other courts in the country”. Considering the Supreme Court holds such authority, it is very troubling that Chief Justice Iftikhar Chaudhry and other judges that have made statements against the parliament using secularism as a threat. The issue at question is not secularism, but the 18th Amendment and appointment of judges. More broadly, the question is whether parliament is the proper body to make changes to the Constitution. But rather than answer these legitimate questions, the Chief Justice appears to be using straw men to scare the public.
Chief Justice Iftikhar Mohammad Chaudhry observed on Monday that the sovereignty of parliament did not mean it enjoyed unfettered powers to introduce any amendment to the Constitution and asked “should we accept if tomorrow parliament declares secularism, and not Islam, as the state polity”.
The CJ made the observation when Advocate Iftikhar Ahmed Mian, the counsel for the federal government, argued that parliament enjoyed unlimited powers, but later explained that the Constitution was based on Islam and that could not be altered.
“Can we afford to follow western parliaments which have decided in favour of gay marriages,” quipped Justice Khalilur Rehman Ramday, a member of the 17-judge full court hearing challenges to the 18th Amendment.
“Will it be called a rightful exercise of authority if tomorrow parliament amends Article 2 of the Constitution which states that Islam will be the state religion,” asked Justice Tariq Pervaz.
This is a truly sad day when our own justices resort to such blackmail tactics as accusing that the 18th Amendment will cause ‘gay marriage’ in Pakistan. This is not intellectual reason, it is using what is called a ‘straw man’ argument fallacy to hide the fact that they cannot refute the actual arguments.
According to the Internet EncyclopediaWikipedia, “secularism is the concept that government or other entities should exist separately from religion and/or religious beliefs”. Does that sound so terrible?
Despite basically meaning that you respect other people’s religion. This should be uncontroversial, really. Even in Islamic teaching there is disagreement. But we are taught to respect those disagreements. To discuss them and to win people over with reason, or, if we find we are in the wrong, to change ourselves.
Source: New Pakistan
Yes chief justice khaweja sherief is part of tailiban and all judiciary is part of tailban…….
THe judges in the supreme court are selectively interpreting the constitution. The Constitution clearly tells all organs of state how to act. All organs are to follow the Constitution may it be Govt. or the supreme court itself. The constitution does not require any interpretation fron any one even from supreme court. All the supreme court is required to do is decide cases in the light of constitution or the laws. It does not have any authority to have any proceedings against any article whatsoever. Hearing of appeals against 18th ammendment is an example of blatant misuse of power by the judges.
It is now clear that supreme court is playing the same role as in Bhutto shaheed case. I was thinking that all of us have learnt from the past but unfortunately I was on mistake. They are not changed….infact they will never change. They represent the right wing,responsible for terrorism and instability in Pakistan….
This bunch of outlaws is in a hurry to trample the powers of the parliament. This drama of 18th amendment is being played to create anarchy and instability and is total disregard to the constitution of Pakistan which bars any challenge to any amendment. Article 239 is so clear it doesnt require any type of foolish interpretation. The judges have shown their wilderness from the injuctions of constitution by not hearing the case of Shahid Orakzai. They will be part of continuity of unconstitutional rule of Shahbaz sharif in Punjab.
Last night on an FB thread, I was saying that the dominant discourse and state doctrines are incompatible with secularism, they will never fascilitate or even tolerate the secular forces, as same is happening in case of PPP and ANP. Secularism is part of human rights charter in the form of freedom to confess and practice any religion. Its upon us whether we behave like “kunwain k maindak” or adopt ourselves to the universal values owned and shared by the whole humanity.
I promised myself not to write any more about the 18th Amendment case , on which Supreme Court of Pakistan has wasted 23 days of their time, I personally don’t care about the time of my lords who sit there to discuss the “threat of Secularism” if “they” “give” unlimited powers to Parliament, while one tenth of the people of Pakistan are facing the worst floods in the history.
But every now and then , remarks by honourable Chief Justice of Pakistan, for whom people like Aitzaz Ahsan , lead the campaign of restoration, force me to put few line in frustration. Aitzaz Ahsan used a word “Azad Manish” (آزاد منش ) for the CJ IMC , however I am sure he (Aitzaz Ahsan) is going to review his opinion.
Today honorable CJ pointed out that “if they give unlimited powers to Parliament then there is a danger of secularism in Pakistan”. Another honourable Judge (and you know who off course .. yes guessed right Justice Khalil-ur-Rahmand Ramday) , said that if Parliament has unlimited power than Parliament might make laws to legalize “same sex marriages”. C’mon Judge it is like saying since British Parliament is sovereign therefore someday they will implement the “Sharia Laws Of General Zia”.
What I can say…. I am utterly disappointed. And let me make a prediction the Supreme Court is going to design a “fascist” theory of basic structure that will be used by future dictators ruthlessly to suppress the will of people. CJ IMC will loose all the honour that he perhaps earned during his stay out of the Supreme Court. For those who know there is a long list of Judges from Justice Munir to Justice Dogar… there is going to be another addition to the list…
What happened to the Harvard Award?
pejamistri says: August 16, 2010 at 1:28 pm C’mon Judge it is like saying since British Parliament is sovereign therefore someday they will implement the “Sharia Laws Of General Zia”.
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ISLAMABAD: Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry remarked that it was a criminal negligence to bring changes in the documents like Objectives Resolution as former president General (retd) Zia ul Haq tampered with the Constitution in 1985 however, the sitting parliament had done a good job by undoing this tampering. At one point Chief Justice Iftikhar Muhammad Chaudhry observed that the word ‘freely’ was omitted from the Objectives Resolution in 1985 by a dictator, which was an act of criminal negligence, but the then parliament surprisingly didn’t take notice of it. He said the Constitution is a sacred document and no person can tamper with it. The chief justice said credit must go to the present parliament, which after 25 years took notice of the brazen act of removing the word relating to the minorities’ rights, and restored the word ‘freely’ in the Objectives Resolution, which had always been part of the Constitution. The chief justice further said that the court is protecting the fundamental rights of the minorities and the government after the Gojra incident has provided full protection to the minorities. “We are bound to protect their rights as a nation but there are some individual who create trouble.” – DAILY TIMES – ISLAMABAD: Heading a 17-member larger bench of the Supreme Court on Tuesday, Chief Justice Iftikhar Muhammad Chaudhry termed as criminal negligence the deletion of a word about the rights of minorities from the Objectives Resolution during the regime of General Ziaul Haq in 1985. Ziaul Haq had omitted the word “freely” from the Objectives Resolution, which was made substantive part of the 1973 Constitution under the Revival of Constitutional Order No. 14. The clause of Objectives Resolution before deletion of the word ‘freely’ read, “Wherein adequate provision shall be made for the minorities to ‘freely’ profess and practice their religions and develop their culture.” DAILY DAWN – ISLAMABAD: Chief Justice Iftikhar Mohammad Chaudhry on Tuesday praised the parliament for undoing a wrong done by the legislature in 1985 (through a constitutional amendment) when it removed the word ‘freely’ from a clause of the Objectives Resolution that upheld the minorities’ right to practise their religion. The word “freely” was deleted from the Objectives Resolution when parliament passed the 8th Amendment after indemnifying all orders introduced through the President’s Order No 14 of 1985 and actions, including the July 1977 military takeover by Gen Zia-ul-Haq and extending discretion of dissolving the National Assembly, by invoking Article 58(2)b of the Constitution. After the passage of the 18th Amendment, the Objectives Resolution now reads: “Wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their culture.” The CJ said: “Credit goes to the sitting parliament that they reinserted the word back to the Objectives Resolution.” He said that nobody realised the blunder right from 1985 till the 18th Amendment was passed, even though the Objectives Resolution was a preamble to the Constitution even at the time when RCO (Revival of Constitution Order) was promulgated. REFERENCES: General Zia, Pakistan & Mistreatment with Minorities. http://chagataikhan.blogspot.com/2010/07/general-zia-pakistan-mistreatment-with.html
the concept of parliamentary sovereignty is an anathema to our right wing fundo establishment for precisely this reason
it’s also unaccaptable to pseudo secular establishment such as justice munir and others because it would undermine the power vested in the center and break down ‘pakistaniat’ into provincial autonomy which is unacceptable. i think aliarqam is right, such concepts are completely against the principles of the pakistani state.
اسی سپریم کورٹ نے حسبہ بل منظور نہیں کیا تھا
اسی کورٹ نے ہیجڑوں کو حقوق دلوانے میں بھی بہت اہم کردار ادا کیا تھا
Where are those who were celebrating Secular Pakistan Day on August 11, where is Jinnah’s Pakistan?
The judges hypocracy is quite evident and in pursuit of popular decisions they are killing the constitution of pakistan. It is not the supreme court but the very Supreme Constitution of Pakistan which gives powers to the parliament to amend. These thugs sitting in the court only give powers to Military Dictators like Zia and Pervez musharraf to emend at their will. Thr hidtory of constitutinal amendments in Pakistan shows that parliament has not done amy legislation against Islamic Sharia, rather it has removed the dirt entered by the dictators twice. It was SC which validated Martial rule every time. In case of 1999 action of Pervez Musharraf the judges validated it even in the presence of Parliament and some of the judges are still on the seats bragging about the suoremacy of law. These are nothing more than blood suckers.
errata; for emend in line 4 read amend
for hidtory in line 4 read history
for constitutinal in line 4 read constitutional
for suoremacy in last line read supremacy
Zalaan says: August 16, 2010 at 4:04 pm اسی سپریم کورٹ نے حسبہ بل منظور نہیں کیا تھا اسی کورٹ نے ہیجڑوں کو حقوق دلوانے میں بھی بہت اہم کردار ادا کیا تھا
=================
Right on the mark, details: Hypocrisy of Jamat-e-Islami/MMA, Mullahs & Secular Judiciary of Pakistan.
http://chagataikhan.blogspot.com/2009/04/hypocrisy-of-jamat-e-islamimma-mullahs.html
Jamat-e-Islami [when JI was part of MMA and sharing power with General Musharraf’s Q League and PPP Sherpao] presented a Bill called Hasba Bill to enforce Islam in Pakistan and that bill was presented during General Musharraf’s Government and that Bill was rejected by CJ Iftikhar Mohammad Chaudhry [when he was serving General Musharraf in 2005] and that too on the appeal of General [The Martial Law Administrator] Pervez Musharraf. General Musharraf was party to the case. Two opinion/stands can hardly be correct at the same time, either MMA’s Islamic Hasba Bill was Un-Islamic or CJ Iftikhar Mohammad Chaudhry was against Islamic Shariah. If JI was honest then why the same JI is now participating in the Lawyers Long March and by doing so they are accepting that Pakistan must be run on Secular Basis through Anglo Saxon Law and Anglo Saxon Courts. CJ Iftikhar Mohammad Chaudhry and Co. by accepting such Islamo fascists like JI amidst the Secular Legal Mind, is basically compromising with his own decision which he had given against the Deviant Religious Right Wing of Pakistan. By the way why the so-called Epitome of Justice Iftikhar Mohammad Chaudhry is even accepting cooperation from one of the party [Jamat-e-Islami] who gave Pakistan the Gift of Unconstitutional LFO and 17 Constitutional Amendment which had given blanket to the Unfirom and every wrong wrong and unconstitutional step of a Military Dictator General Musharraf.
If Hasba Bill was right then why did the JI accepted the SC Decision and if it was wrong then why Hasba Bill was presented at all and if both the statement are wrong then what was the need to exploit the name of Islam to get some vote. Read the past history
On Mon, 4/20/09, Bint Waleed wrote:
Islamisation: cure of all evils Qazi Hussain Ahmad Monday, April 20, 2009
http://thenews.jang.com.pk/daily_detail.asp?id=173373
Complete Islamisation of Pakistan has been the genuine and long-standing demand of the overwhelming majority of Pakistanis. Not only that, it is also the appropriate answer to the lurking fears of Talibanisation, growing rapidly with every passing day, as a natural response to the suppression of this public demand at the state level.
Mullah Military Alliance: :[Muttahida Majlis-e-Amal (MMA) Allama Sajid Naquvi, Mawlana Samiul Haq, Mawlana Fazal ur Rahman, Mawlana Shah Ahmed Noorani and Qazi Hussain Ahmed.
Mullah Military Alliance: [Muttahida Majlis-e-Amal (MMA) From Left to Right: Ahl-e-Hadith Sajid Mir, Barelwi Shah Ahmed Noorani, Deviant Jamati-Khariji Qazi Hussein Ahmed and Deobandi Maulana Fazlur Rahman – An alliance of Deviant and Sectarian Mullahs who supported General Musharraf’s Martial Law Regime from 2002 to 2007 and they shared Government/Power with General Pervez Musharraf in NWFP and Baluchistan].
Where had gone this captivating and cheap slogan of “Islamisation” when Supreme Court had rejected the Hasba Bill and JI and other Mullahs not only accepted the Verdict of the Supreme Court [which as per Mullah Sufi Mohammad (a true Momin) of Swat is Anti Islam, Idolatory, Polytheism and Kufr – Disbelief]:
Maulana Sufi Mohammad, chief of TNSM Tehreek Nifaz e Shareeat e Muhammadi
Here you go: http://www.thenews.com.pk/top_story_detail.asp?Id=21541 [Sufi Muhammad said challenging the Qazi courts’ verdicts in the high court or the Supreme Court of Pakistan would be tantamount to betrayal of Islam.
“QUOTE”
High Courts and Supreme Court were ‘Ghair Sharaiee’ institutions and going for appeal in ‘Ghair Sharaiee’ institutions was ‘Haram’. He said Darul Qaza could be approached in case of any reservations on our verdicts, but the final decisions of Darul Qaza not allowed to be challenged in the High Courts and Supreme Court.
Updated at: 1443 PST, Sunday, April 19, 2009
http://www.geo.tv/4-19-2009/40174.htm
“UNQUOTE”
“QUOTE”
Ardeshir Cowasjee
The price of moral cowardice By Ardeshir Cowasjee Sunday, 19 Apr, 2009 01:49 AM PST
http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/columnists/ardeshir-cowasjee-the-price-of-moral-cowardice
And where is ‘civil society’, where are the lawyers? They motor-marched for the independence of the judiciary. Why are they comatose when it comes to the imposition of a parallel judiciary by a supine parliament? The fearsome Muslim Khan of the Taliban may have threatened the lives of those who oppose the infamous Nizam-i-Adl, but there should be some, other than Ayaz Amir and the MQM, who can show a bit of spunk. The press, at least some portions of it, are doing their bit and speaking up and out. Where is everyone else?
“UNQUOTE”
How would one justify the bail of Mawlana Aziz from a Supreme Court where appeal has been declared ANTI-ISLAMIC by the Deviant Sufi Muhammad and I wonder where have gone Mr Ansar Abbasi and his love of Restoration of Free Judiciary [in view of Mullah Sufi – a kind of Kufr]. Mawlana Aziz of Lal Masjid Brigade should reject his own bail in view of Grear Fiqh Sufi Muhammad’s Declaration that SC of Pakistan is Anti Islamic. Which Islam should we follow? Ansar Abbasi’s, Sufi Muhammad’s, Iftikhar Chaudhry’s or the real Islam [please pick the interpretation]. Two news from the same newspaper
1 – SC grants bail to Maulana Aziz in library case By Sohail Khan Thursday, April 16, 2009
http://thenews.jang.com.pk/top_story_detail.asp?Id=
2 – ‘Qazis’ verdict can’t be challenged in SC’ Thursday, April 16, 2009 : Sufi says appeals
‘tantamount to betrayal of Islam’
http://thenews.jang.com.pk/top_story_detail.asp?Id=21541
Not a single word is mine in the news below:
مولانا عبدالعزیز برقعے میں فرار ہوتے ہوئے گرفتار
بیورو رپورٹ
بی بی سی اردو ڈاٹ کام، اسلام آباد
وقتِ اشاعت: Wednesday, 04 July, 2007, 16:54 GMT 21:54 PST
http://www.bbc.co.uk/urdu/pakistan/story/2007/07/070704_lalmasjid_updated_sq.shtml
Not a single word is mine in the news below:
Abdul Aziz ghazi 01 Interview after arrest post by Zagham
Either Sufi Mohammad is Kaafir [Infidel] or all the Mullahs who accept Pakistani Judiciary are Kaafir [Infidel] or Pakistani Judiciary is Muslim and all those Bearded Bandits are Kaafir – Infidel]
Read some history about trite slogan of Islamisation.
Jamat-e-Islami [when JI was part of MMA and sharing power with General Musharraf’s Q League and PPP Sherpao] presented a Bill called Hasba Bill to enforce Islam in Pakistan and that bill was presented during General Musharraf’s Government and that Bill was rejected by CJ Iftikhar Mohammad Chaudhry [when he was serving General Musharraf in 2005] and that too on the appeal of General [The Martial Law Administrator] Pervez Musharraf. General Musharraf was party to the case. Two opinion/stands can hardly be correct at the same time, either MMA’s Islamic Hasba Bill was Un-Islamic or CJ Iftikhar Mohammad Chaudhry was against Islamic Shariah. If JI was honest then why the same JI is now participating in the Lawyers Long March and by doing so they are accepting that Pakistan must be run on Secular Basis through Anglo Saxon Law and Anglo Saxon Courts. CJ Iftikhar Mohammad Chaudhry and Co. by accepting such Islamo fascists like JI amidst the Secular Legal Mind, is basically compromising with his own decision which he had given against the Deviant Religious Right Wing of Pakistan. By the way why the so-called Epitome of Justice Iftikhar Mohammad Chaudhry is even accepting cooperation from one of the party [Jamat-e-Islami] who gave Pakistan the Gift of Unconstitutional LFO and 17 Constitutional Amendment which had given blanket to the Unfirom and every wrong wrong and unconstitutional step of a Military Dictator General Musharraf.
If Hasba Bill was right then why did the JI accepted the SC Decision and if it was wrong then why Hasba Bill was presented at all and if both the statement are wrong then what was the need to exploit the name of Islam to get some vote. Read the past history
Hasba bill infringes personal freedom: SC By Nasir Iqbal
September 1, 2005 Thursday Rajab 26, 1426
http://www.dawn.com/2005/09/01/top4.htm
ISLAMABAD, Aug 31: The Supreme Court on Wednesday ruled that the state cannot enforce any religious obligation stipulated by Islam, except Sallat (prayers) and Zakat. Authored by Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry, a 106-page detailed judgment, said that Islamic jurists were unanimous on a point that though zakat was seriously enforced by Hazrat Abu Bakar but for sallat, the only way was through “Taleem” (education), “Tableegh” (preaching) and “Targheeb” (persuasion).
The court agreed that private life, personal thoughts and individual beliefs of citizens could not be allowed to be interfered with and held that under the Hasba Bill, the NWFP Assembly had conferred judicial powers on “Mohtasib” (ombudsman) not only to inquire into cases of maladministration of government agencies but also religious and personal affairs of individuals and blocking powers of judicial review by civil and criminal courts.
On August 4, a nine-member Supreme Court bench had declared several clauses of the Hasba bill relating to powers of the mohtasib as contrary to the constitution and had advised the NWFP governor not to give his assent to the controversial law.
The unanimous short-order was announced after four-day hearing on a reference filed by President General Musharraf against the bill under the advisory jurisdiction of the court.
Instead of showing haste, the NWFP government should have studied in depth all the reports of the Council of Islamic Ideology (CII) before moving the Hasba bill in the assembly, under which discretionary powers have been conferred on mohtasib to create a new offence in consultation with the provincial advisory council, the CJ observed in the detailed judgment.
About mohtasib’s powers to remove causes of dereliction in performance and proper arrangements of Eidain and Friday prayers, the CJ observed that offering of prayer was a personal obligation on an individual being the Haqooq Allah.
Religiously, mohtasib is not authorized to check negligence or disregard of a person who abandons sallat. Allowing such interference by mohtasib would deny an individual’s right of freedom to profess religion, the CJ said.
It is therefore not correct to suggest that the Hasba bill is in accordance with Islam and if the legislation is accepted and made into law, then a citizen who is held responsible for dereliction will be liable to six-month punishment on the hukumnama (order) of the mohtasib when Sharia does not mandate imposition of penalties on vague offences.
The only objective behind making available Hasba police to mohtasib is to strengthen the arms of mohtasib, to implement his hukumnama by force, if need be, the CJ said.
Under the law, mohtasib would also have direct interference/access in the family functions in the garb of discouraging extravagance at the time of marriages and other family functions, thus interfering in personal life, freedom of assembly, liberty, dignity and privacy, which is strictly prohibited in Islam.
Tracing the history, the CJ recalled that the institution of the office of Hasba did not exist at the time of the Holy Prophet (PBUH) and the Khulfa-e-Rashideen. Initially the office of “Amil-al-suk” was created by “Ummayyads” to regulate markets, but later it was expanded into the office of the mohtasib by the “Abbasids.”
History reveals that the term mohtasib was used during the Khilafat of Qazi Mamoon-ur-Rashid when mohtasib used to look after the market business in addition to his religious duties like to reform social life. During the period, the duties of the mohtasib was to inspect instruments of the scales of weights and measures, which were so complicated that the people could be easily deceived. In addition, their duties include keeping vigilant eye over shortcomings and dishonesty that could be committed during preparation and sale of commodities.
The judgment also explained that by declaring some sections of the bill as unconstitutional does not mean that leftover sections have been declared in accordance with the constitution. Their constitutionality remains open to be questioned, which can be upheld or struck down as or when challenged before a competent forum.
Meanwhile Justice Sardar Mohammad Raza Khan in his separate note expressed reservations on the definition of Aalim (scholar) in the Hasba bill and held that the definition was discriminatory and restricted to only one school of thought.
MMA to accept SC decision: Durrani By Anwar Iqbal
July 18, 2005 Monday Jumadi-us-Sani 10, 1426
http://www.dawn.com/2005/07/18/top2.htm
WASHINGTON, July 17: NWFP Chief Minister Akram Khan Durrani has said that he will accept any decision the Supreme Court of Pakistan may take about the controversial Hasba bill, denying reports that he vowed to “wreak havoc” if his democratically elected government was toppled.
“We live in a country and we accept the courts of that country,” said Mr Durrani while talking to Dawn in Washington.
“Do you think we will declare war on the government? No, we are all law-abiding citizens.”
The NWFP chief minister, who is visiting Washington at the invitation of a Christian inter-faith group called Group for Global Engagement, said the MMA had always respected “the laws and courts of Pakistan and we will continue to do so.”
“Even if the court rejects the Hasba bill?” he was asked. “Whatever decision the Supreme Court takes, we will accept it,” he replied.
Mr Durrani also rejected claims that if made into a law, the Hasba Act would lead to the creation of parallel police and judicial systems in Pakistan.
“There is no such proposal in the Hasba bill. People given the task of implementing this bill will have no judicial power,” he said.
Mr Durrani said the NWFP government does not plan to recruit a new force to implement this proposed law. “We will take people from the present police force. There will be no new recruitment.”
“But you also say that our police are corrupt, if you give such sweeping powers to the same police will they not make life miserable for the ordinary people,” he was asked. “No, because there are no sweeping powers in the Hasba bill,” he responded.
Mr Durrani said people chosen to implement the Hasba bill will only have the power to recommend whatever action they deem necessary against an official or a politician they think is corrupt.
“And who will take that action?” he was asked. “The courts,” he said. “The recommendation will be sent to the courts which may accept or reject it.”
“Does it mean that you will create special Hasba courts?” “No, there will be no special courts. All recommendations will go to the existing courts and they will make the final decision.”
He said the MMA government was only trying to strengthen the jirga system that already exists in Pashtoon society, “we are not doing anything new.”
“But the jirgas have judicial powers,” he was reminded. “Only in the tribal areas, not in the settled areas,” he said.
Text of Hasba bill
July 16, 2005 Saturday Jumadi-us-Sani 8, 1426
http://www.dawn.com/2005/07/16/nat18.htm
PESHAWAR, July 15: The following is the full text of the Hisba bill passed on July 14 by the NWFP Assembly: Preamble: Whereas sovereignty over the entire universe belongs to Almighty Allah alone and the authority to be exercised by the people of Pakistan through their chosen representatives within the limits prescribed by him is a sacred trust;
And whereas implementation of Islamic way of life revolves around Amer-Bil-Maroof and Nahi-Anil-Munkir and to achieve this objective it is necessary, apart from other steps, to establish an institution of accountability, which could keep a watch on securing legitimate rights of various classes of the society, including females, minorities and children and to protect them from emerging evils and injustices in the society;
And whereas it is further necessary from the accountability point of view to extend the authority of Mohtasib to government’s administration and offices in order to have a check upon injustices, abuse of powers and other similar excesses;
It is hereby enacted as follows:
1: Short title, extent and commencement—(1) This Act may be called the North-West Frontier Province Hisba Act, 2005.
(2) It shall extend to whole of the North-West Frontier Province.
(3) It shall come to into force at once.
2: Definitions.—In this Act, unless the context otherwise requires,—
(a) “Agency” means a department, commission or any office of Provincial Government, a corporation or similar other institution which the Provincial Government may have established or which may be working under its control, but does not include the high courts and the courts working under its administrative control.
(b) “Amer-Bil-Maroof” means fulfilling the obligations of enjoining the good as laid down in Holy Quran and the Sunnah;
(c) Competent Court: Competent court means court established under CPC 198.
(d) “Expert Lawyer” means a lawyer having at least ten years experience in the profession of advocacy;
(e) “Government” means the Government of the North-West Frontier Province;
(f) Governor means governor of NWFP.
(g) High Court means the Peshawar High Court, Peshawar,
(h) “Hisba Police” means the police force deputed to work for the purposes of this Act from time to time;
(i) “maladministration” includes all such decisions, processes, recommendations, acts and deficiencies which-
(j) is contrary to law, rules or regulations or is a departure from established practice or procedure, unless it is bonafide and for valid reasons; or
(k) is perverse, arbitrary, unreasonable, unjust, biased, oppressive or discriminatory; or
(l) is based on irrelevant grounds; or
(m) involves the exercise of powers or the failure or refusal to do so, for corrupt or improper motives, such as bribery, jobbery, favouritism, nepotism and administrative excesses; or
(o) amounts to negligence, inattention, delay, incompetence, inefficiency and inaptitude in the administration or discharge of duties and responsibilities;
(p) “Mohtasib” means the mohtasib of the province or, as the case may be, the mohtasib of a district, appointed under this Act;
(q) “Nahi-Anil-Mukir” means fulfilling the obligations of forbidding the evil as required by the Holy Quran and Sunnah and all other matters which the mohtasib, in the light of the Holy Quran and Sunnah, determines in consultation with the Council of Advisors;
(r) “Office” means the office of mohtasib of the North-West Frontier Province;
(s) “Prescribed” means prescribed by rules made under this act;
(t) “Province” or “Province of Sarhad” means the North-West Frontier Province;
(u) “Provincial Advisory Council” means the Council established under this Act;
(v) “Public servant” shall mean the person defined in section 21 of the Pakistan Penal Code, 1860;
(s) “Religious scholar” means the holder of the certificate of Shahadat-ul-Aalmliah from any institute recognized by government, who has also passed the Secondary School Certificate Examination from a Board of Intermediate and Secondary Education recognised by government;
(t) “Staff” means an employee or office commissioner, elected/nominated co-worker, advisor, expert, subordinate, officer, liaison officer, etc, of an Agency.
3. Appointment of Mohtasib.—(1) There shall be a Mohtasib for the North-West Frontier Province, who shall be appointed by the Governor of the North-West Frontier Province in consultation with the chief minister of the province. (2) A mohtasib shall be a person who is a qualified religious scholar and is eligible to be appointed as judge of the Federal Shariat Court. (3) Before entering upon office, the mohtasib shall take an oath before the chief minister in the form set out in the Schedule. (4) The mohtasib shall, in all matters, perform his functions and exercise his powers independently, honestly and diligently and all executive authorities throughout the province shall act in aid of the mohtasib.
4. Tenure.—(1) The tenure of the office of the mohtasib shall be four years but the competent authority may extend the term of his tenure.
(2) The Mohtasib may, at any time, resign from his office by tendering resignation in writing.
5. Mohtasib not to hold office of profit, etc —- (1) The Mohtasib during his appointment shall not hold any office of profit or enter into any profession carrying the right to remuneration.
(2) The Mohtasib, during a period of two years after his retirement, shall not be eligible to contest election of the National or a Provincial Assembly.
6. Terms and conditions of service.—- (1) The provincial Mohtasib shall be entitled to the same privileges, allowances and pay as are admissible to a Judge of the Federal Shariat Court.
(2) A District Mohtasib shall be entitled to the privileges, pay and allowances as are admissible to a Sessions Judge.
(3) A Mohtasib may be removed from office on the ground of misconduct or of being incapable of properly performing the duties of his office by reason of physical or mental incapacity and in this context will be served with a notice in advance. If in the opinion of the Mohtasib the reasons of his removal are not based on facts, he shall be entitled to challenge the bona fide of the notice before the Peshawar High Court, which shall be heard by a Division Bench of the said Court; provided that if no hearing date is fixed for ninety days from the date of approaching the Court, then it shall be deemed that the notice of removal has become effective.
(4) In case a Mohtasib applies for hearing of his case under sub-section (3), he shall forthwith cease to function as Mohtasib.
(5) Where a Mohtasib has been removed on the ground of misconduct, he shall not be eligible, for a period of four years from the date of his removal, to be appointed in any government Department or to become a member of National Assembly or a Provincial Assembly.
7. Acting Mohtasib — (1) If the Provincial Mohtasib, for any reason such as leave, etc. is unable to attend his office, the competent authority shall direct any District Mohtasib to act as Provincial Mohtasib.
(2) if the office of the Provincial Mohtasib becomes vacant for any other reason, Government shall appoint an acting Provincial Mohtasib.
8. Delegation of Powers to District Mohtasib.—The Provincial Mohtasib shall, in the prescribed manner, be competent to delegate his power to a District Mohtasib in writing.
9. Appointment of staff and terms of employment—(1) Government shall determine the terms and conditions of service and pay and allowances in respect of the staff members of the Mohtasib.
(2) A district Mohtasib shall take oath of office before the Provincial Mohtasib in the form set forth in schedule ‘B’.
10. Power and duties of Mohtasib—-The Mohtasib shall, on a written or oral complaint of any person, or on reference from the High Court, the Supreme Court or the Provincial Assembly, or suo moto, shall have the authority to- (a) Enquiries into the allegations of maladministration against any agency or its employees; (b) Protect/watch the Islamic values and etiquettes; (c) Watch the media established by Government or working under the administrative control of Government to ensure that its publications are useful to the purpose of upholding Islamic values; (d) Forbid persons, agencies and authorities working under the administrative control of government to act against Shariah and to guide them to good governance; (e) Formulate such directives and principles which may help in making the conduct of authorities working under this section to be effective and purposeful; and (f) Extend to the provincial administration in discharging its functions smoothly and effectively; provided that the Mohtasib shall not interfere in any matter which is sub-judice before a court of competent jurisdiction or which relates to external affairs of Pakistan or the relations or dealings of Pakistan with any foreign state or Government or relates to or is connected with the defence of Pakistan or any part thereof, the Military, Naval and Air Forces of Pakistan or the matters covered by laws relating to these forces.
11: Procedure and evidence—-(1) A complaint shall be made in writing or orally by the person aggrieved or, in case of his death, by his legal heirs, to the Mohtasib, which may be delivered personally to the Mohtasib himself or his concerned member of staff or by post, Email or Fax, etc.
(2) Where the Mohtasib proposes to conduct an investigation, he shall issue to the principal or subordinate office of the Agency concerned a notice calling upon it to make reply to the allegations made. If no reply is received within a reasonable time from the concerned Agency or the officer under its control competent to give reply, the Mohtasib shall initiate investigation proceedings, which will be informal, but in special circumstances, the Mohtasib may adopt such procedure as he considers appropriate for such investigation. The Mohtasib shall, in accordance with the rules made under this Act, pay expenses and allowances to the affected parties or the witnesses produced by them. The Mohtasib shall be empowered to check or cause to be checked through his employees the official records of the concerned Agency; provided that such documents do not pertain to state secret documents. Where the Mohtasib, with respect to any complaint, does not consider it appropriate to take any action, he shall inform the complainant. The Mohtasib shall regulate the procedure for the conduct of business under, or the exercise of powers coffered by, this Act.
12. Implementation of orders, etc—-(1) On completion of the action in relation to a complaint, the Mohtasib shall have the power to issue directive to the competent officer of the Department concerned for its implementation and may, at the same time, take up such steps as considers expedient. The concerned Agency within the time limit mentioned in the directive, inform the Mohtasib about the action taken in that behalf, failing which the concerned Agency or competent officer will render itself or himself, as the case may be, to the following actions:
(a) One or more actions under the North-West Frontier Province Removal from Service (Special Powers) Act, 2000.
(b) In case of non-cooperation with the Mohtasib or his staff during investigation, action for interference in smooth functioning of Government.
(2) The Mohtasib shall, for the purpose of this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters, namely:
(a) Summoning and enforcing the attendance of parties and examining him on oath;
(b) Compelling the production of documents; and
(c) Receiving evidence on affidavits.
(3) Where the Mohtasib is satisfied in respect of a complaint under consideration that any functionary of Government has committed a cognizable offence or a civil suit can be instituted against him, he shall direct the concerned Agency to initiate action as aforesaid in accordance with law.
13. Access to documents.—- The Mohtasib, any member of his staff or a member of Hisba Force, authorised in this behalf, shall have the right to enter into any office of Government for investigation and examine and take copies of documents during such investigation; provided that if any document is taken into possession from the records, he shall give a receipt thereof as a token of such possession.
14. Contempt of Mohtasib.— (1) In respect of contempt of Court, the Mohtasib shall have the same powers as are vested, under Contempt of Court, 1976, in the High Court;
(a) Hinders or become a source of hindrance in the smooth proceedings before the Mohtasib or does anything causing difficulties in the completion of such proceedings;
(b) Give such statement which defames Mohtasib, or any of his officer or representative;
(c) Acts in a manner which, in relations to proceedings before the Mohtasib, influence the mind of the Mohtasib to take a partial decision; or
(d) Acts in a manner which, any law for the time being in force, falls within the definition of contempt; provided that any comments made in good faith and in the public interest on any act or on report of the Mohtasib or his staff or representative shall not be treated as contempt.
(2) The aggrieved against any order of the Mohtasib under section (1) may, within 30 days of such order, appeal in the High Court which shall be heard by a Division Bench of the said court.
15. Provincial Advisory Council.— The Provincial Mohtasib, under his chairmanship, shall establish a Provincial Advisory Council, consisting of –
(a) two Ulema of repute;
(b) two senior advocates from Bar;
(c) two representatives of Government in PBS-20.
16. Meetings of Provincial Advisory Council.—The Provincial Advisory Council shall, for purpose of consultations, meet at such times and at such places as the Provincial Mohtasib may, from time to time, direct.
(2) Unofficial members of the Advisory Council shall be entitled to such honoraria as the Mohtasib may, with the approval of government, determine.
17. District Mohtasib.—
(1) The Provincial Mohtasib may, for a district or for more than one district, appoint a District Mohtasib.
(2) A person qualified to become a non-official member of the Provincial Advisory Council shall be eligible for appointment as a District Mohtasib.
(3) The tenure of a District Mohtasib shall be four years.
(4) In case of appointment of a District Mohtasib for more than one district, the Provincial Mohtasib shall determine the district where central office of such District Mohtasib shall take place.
(5) A district Mohtasib, before entering his office, shall take oath in the Form in Schedule B before the Provincial Mohtasib.
(6) A District Mohtasib shall be entitled to the same pay, allowances and privileges as are admissible to a District and Session Judge.
(7) A District Mohtasib may be removed from the office by the Provincial Mohtasib on the ground of corruption or of being incapable of properly performing his duties of office by reason of physical or mental ability. In such case he shall be served with a show-cause notice, which will be replied to by the District Mohtasib within seven days from the date of service.
(8) On failure of the District Mohtasib to reply within the stipulated period or the reply being found un-satisfactory, the order of removal of the District Mohtasib may be issued by the Provincial Mohtasib.
(9) The District Mohtasib, on his removal from office under sub-section (8), may, within 30 days of the order, appeal in the High Court.
(10) When a District Mohtasib has been removed on the ground of corruption, he shall not be eligible, for a period of four years from the date of his removal, to be appointed in any Government Department or to become a member of the Parliament or a Provincial Assembly or a Local Government.
18. Delegation of Powers.—The Provincial Mohtasib may, in writing, delegate his powers to a District Mohtasib for a period of three months and subject to such restriction as may be specified therein.
19. District Advisory Council.—
(1) As soon as may be after appointment of a District Mohtasib, he shall establish a District Advisory Council, consisting of at least five members under his chairmanship, of whom one shall be a religious scholar, one a law graduate, one a respectable resident of district concerned and one a district officer of Provincial Government.
(2) The District Advisory Council shall advise on matters which are referred to it, from time to time, by the District Mohtasib concerned.
20. Tehsil Mohtasib.—
(1) A District Mohtasib, with the permission of the Provincial Mohtasib, may appoint as many Tehsil Mohtasib as the need may be.
(2) A person qualified to become a District Mohtasib shall be eligible for appointment as Tehsil Mohtasib.
(3) The tenure of the Tehsil Mohtasib shall be four years.
(4) In case of appointment of a Tehsil Mohtasib for more than one Tehsil, the District Mohtasib concerned shall determine the Tehsil where central office of such Tehsil Mohtasib shall take place.
(5) A Teshil Mohtasib shall be entitled to the same pay, allowances and privileges as are admissible to a Civil Jude.
(6) A Tehsil Mohtasib may be removed from office by the District Mohtasib concerned on the ground of corruption or being incapable of properly performing his duties of office by reason of physical or mental inability. In such a case he shall be served with a show-cause notice, which shall be replied to by the Tehsil Mohtasib within seven days from the date of service.
(7) On failure of the Tehsil Mohtasib to reply within the stipulated period or the reply being found unsatisfactory, the order of removal of the Tehsil Mohtasib may be issued by the District Mohtasib concerned.
(8) The Tehsil Mohtasib, on his removal from office under sub-section (7), may within 30 days of the order, appeal to the Provincial Mohtasib, whose decision thereon shall be final.
(9) Where a Tehsil Mohtasib has been removed on the ground of corruption, he shall not be eligible, for a period of three years from the date of his removal, to be appointed in Government Department or to become a member of Parliament or a Provincial Assembly or a Local Government.
21. Acting Tehsil Mohtasib.—
(1) If a Tehsil Mohtasib, for any reason, is unable to attend his office temporarily, the District Mohtasib concerned shall direct any other Tehsil Mohtasib to act as Tehsil Mohtasib to perform his duties in addition to his own duties.
(2) If the office of a Tehsil Mohtasib becomes vacant for any reason, the District Mohtasib concerned shall direct any Tehsil Mohtasib to act as Tehsil Mohtasib of the Tehsil concerned till appointment of new Tehsil Mohtasib for the Tehsil.
(3) No Acting Tehsil Mohtasib shall, in any case, be appointed for a period of more than three months.
22. Delegation of Power to a Tehsil Mohtasib.—A District Mohtasib shall, in the prescribed manner, be competent to delegate his powers to a Tehsil Mohtasib of his District in writing.
23. Special Powers of Mohtasib.—Without prejudice to the powers conferred by section 10, the Mohtasib shall have the following powers:
(i) To monitor adherence of moral values of Islam at public places;
(ii) To discourage exhibition of extravagance, particularly at the time of marriages and other family functions;
(iii) To follow code of Islam in giving dowry;
(iv) To discourage beggary;
(v) To monitor adherence of Islamic values and its respect and regard at the times of iftar and traveh;
(vi) To discourage entertainment shows and business transaction at the time of Eids and Friday prayers around mosques where such prayers are being held;
(vii) To remove causes of dereliction in performance and proper arrangement of Eid and Friday prayers;
(viii) To discourage employment of under-age children;
(ix) To remove unnecessary delay in discharge of civil liability which is not disputed between the parties;
(x) To prevent cruelty to animals;
(xi) To remove causes of negligence in maintenance of mosques;
(xii) To observe decorum of Islam at the time of Azan and Fardh prayers;
(xiii) To prevent misuse of loud-speakers and sectarian speeches;
(xiv) To discourage un-Islamic and inhuman customs;
(xv) To check the tendency of indecent behaviour at public places including harassment of women;
(xvi) To eradicate the deal as profession in Taweez, palmistry, magic, etc;
(xvii) To protect the rights of minorities, particularly to regard the sanctity of their religious places and sites where they perform their religious ceremonies;
(xviii) To eliminate un-Islamic traditions, which affect the rights of women, particularly taking measures against their murders in the name of Honour, to remove the tendency of depriving them of their right of inheritance, to eliminate the tradition of Cirri, and to protect their rights guaranteed by Sharia and law;
(xix) To monitor weight and measures and eliminate adulteration;
(xx) To eliminate artificial price hike;
(xxi) To protect government properties;
(xxii) To eliminate bribery from government offices;
(xxiii) To incite feeling of service to people at large amongst government functionaries;
(xxiv) To advise those who are found to be disobedient to their parents;
(xxv) To perform any other functions which the Provincial Mohtasib determines from time to time in consultation with the Advisory Council;
(xxvi) To mediates amongst parties and tribes in matters pertaining to murders, attempts to murder and similar other crimes threatening to law and order situation.
24. Public Servant.—The Mohtasib and all his staff including Hisba Force shall be deemed to be public servant within meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
25. Restriction.–-
(1) No court or authority shall be competent to question the legal status of the proceedings before a Mohtasib.
(2) No court or authority shall have the power to pass any injunction or any interim or a stay order with regard to any matter under consideration of the Mohtasib.
(3) No suit or legal proceeding shall lie against the Mohtasib or his staff for anything in good faith done or intended to be done.
26. Hisba Police.—A mohtasib will be provided with requisite police force to enable him to conduct his affairs under this Act.
27. Conciliation Committee.—
(1) The Provincial Mohtasib in consultation with the District Advisory Council, shall establish a conciliation committee, at police station level, that consists of
(i) Two religious scholars of repute,
(ii) A local lawyer,
(iii) A minority representative from the area,
(iv) A respectable local resident, and
(v) Station House Officer or his nominee
(2) A District Mohtasib may terminate the membership of any committee member, after consultation with the Advisory Council.
28. Offences to be Non-Cognizable.— Defiance of the order of the concerned Mohtasib in the performance of his duties under section 23 of this Act shall be non-cognizable offence punishable with imprisonment for a term of six month and a fine up to 2000 rupees.
29. Power to Make Rules.—Government from time to time makes rules for carrying into effect the provision of this Act.
30. Over-riding effect.—The provisions of this Act, to the extent provided hereunder, shall have over-riding effect vis-a-vis any other law for the time being in force.
31. Removal of Difficulties.—Government may, by notification in the official Gazette, remove any difficulty or hindrance in connection with the implementation of the Act.
AFTER THREE YEARS:
JI to participate in lawyers’ long march, sit-in
http://thenews.jang.com.pk/updates.asp?id=69220
Updated at: 1030 PST, Saturday, February 21, 2009
LAHORE: Jamaat-e-Islami (JI) Amir, Qazi Hussain Ahmad has declared that his party would fully participate in the lawyer’ long march and sit-in. A delegation headed by Supreme Court Bar Association (SCBA)’s president, Ali Ahmad Kurd and comprised of Chaudhry Aitzaz Ahsan, Hamid Khan and Justice (Retd.) Tariq Mahmud called on JI Chief at Mansoora here.
Qazi Hussain Ahmad talking to the lawyers said that JI would play the front role in lawyers’ long march. SCBA president, Ali Ahmad Kurd urged on JI for extending all out support to the lawyers’ community for making their sit-in successful. He said that the lawyers would stage sit-in until the reinstatement of deposed chief justice. It may be recalled that the ML-N chief, Nawaz Sharif yesterday had also announced his party’s full participation in long march and sit-in.
Lamentably, Our judiciary is not ‘free’ from it’s[own] centuries old prejudice and so-called religiosity.
The comments(non-sense) pouring out from the Supreme Court on some important cases are also showing us the mood of this [not free]institute.
Chief Justice Iftikhar Chaudhry is unique. His judges are his soldiers. The judiciary functions under his chain of command. Every judge is at his beck and call. His is the last word. He constitutes benches comprising of judges of his own choice. He decides cases against persons who were never a party to any case. He condemns them unheard and that too without notice.
He has removed over 104 judges of superior judiciary without hearing them. He is of the view that the position of a judge is so honorific that he should not appear before his brother judges and therefore no hearing should be provided to him. He has repeatedly dubbed these 104 judges as PCO judges whereas none of these judges ever took an oath under the PCO while Chief Justice took PCO oath twice and also validated the PCO of General Musharaf in 2000.
I am agree with CJP,
چیف جسٹس کے اس جملے پر ان لوگوں کو زیادہ خوشی ہورہی ہے جو سپریم کورٹ سے حسبہ بل کو غیر آٗئینی قرار دئے جانے پر شادیانے بجارہے تھے۔ ویسے میں بتاتا چلوں کہ میں خود بھی حسبہ بل کے خلاف تھا۔
Kashif Naseer says: August 17, 2010 at 5:28 pm چیف جسٹس کے اس جملے پر ان لوگوں کو زیادہ خوشی ہورہی ہے جو سپریم کورٹ سے حسبہ بل کو غیر آٗئینی قرار دئے جانے پر شادیانے بجارہے تھے۔ ویسے میں بتاتا چلوں کہ میں خود بھی حسبہ بل کے خلاف تھا۔
===============
Dear Kashif,
Let me add that those who formulated [i.e. MMA i.e. Alliance of Religious Parties and Former Ally of Musharraf Regime in LFO] Hasba Bill, had basically presented it before the Pentagon during their visit of USA, read with references: US Elections: Republicans or Democrats. http://chagataikhan.blogspot.com/2008/10/us-elections-republicans-or-democrats_12.html
Kashif Naseer says: – August 17, 2010 at 5:19 pm I am agree with CJP,
================
If Ifti is worried about Secularism then he must grow beard and trim mustaches and “hold” a “Durra” in his hand and whip his brother judge [standing with him] for not having both beard and mustache. Charity begins at home. Every Judge in SC should grown beard and trim their mustaches. Rascals! exploit the Holy name of Islam to serve the selfish ends, should know that the charity begins at home. Since Quran and Sunnah is suddenly invoked therefore “Judiciary” should “ban” every kind of Shirk [Polytheism] in the country or stop this joke of Islamic System in Pakistan i.e. a Perverted Mix of Fiqh Hanafi, Jafari-Barelvi-Deobandi is practiced in Pakistan.
Homophobic????:)
Look around any Shrine to have some grasp of Reality.
CJ Iftikhar Muhammad Chaudhry and USA
http://chagataikhan.blogspot.com/2008/12/cj-iftikhar-muhammad-chaudhry-and-usa.html
Samad Khurram, Law Student and “Political and Human Rights Activist too!”
I am amazed that Mr Samad Khurram [Political Activist working for the Restoration of Judiciary’s Independence in Pakistan] refused to accept award from US Ambassador Ms. Anne W. Peterson
Samad Khurram rejected the US Award being offerred to him by the US Ambassador in Pakistan Anne W. Peterson
US Ambassador in Pakistan Anne W. Peterson
Whereas the same Mr Samad Khurram was the backbone for CJ Mr Iftikhar Chaudhary’s Visit to the US where Chief Justice Iftikhar Chaudhry formally received the Harvard Law School Medal of Freedom during his visit to the United States in November 2008 [1]
Chief Justice Iftikhar Muhammad Chaudhry receiving Medal of Freedom from Harvard University USA in 2008 [Samad Khurram is also in picture]
I wonder why didn’t CJ refused to accept the award like Mr Samad Khurram did? Mr Justice Iftikhar Chaudhry [being a person who is a symbol of upholding law] should have lodged his protests to the American Media [instead of just photo session in the US] on continuing violation of Pakistan Air Space by the US Forces.
Chief Justice Iftikhar Muhammad Chaudhry
Harvard Law School is not just an Ordinary Pakistani College e.g. Sirajud Dawla College Liaquatabad. Harvard Law School has produced numerous leaders in American law and politics, including many more U.S. Supreme Court justices and U.S. Senators than any other law school. I wonder why didn’t any of the Prominent American Member from the same Harvard Law School did raise any voice against the ongoing violation of Pakistan’s Air Space by their country i.e. USA and that too because they had invited our CJ for offerring him Award of Harvard Law School Medal of Freedom. The Harvard Law School [as per my poor memory] didn’t ever lodge any protest against the Violation of International Law by the USA which they have been doing since long. So much for the respect for the Law by Harvard Law School.
Military Dictator taking oath from Justice Iftikhar Muhammad Chaudhry [under PCO i.e LFO]
I wonder, did Mr Samad Khurram or any other born again Ram Jeth Malanis in Harvard Law School even try to meet the Former Law Graduates of Harvard Law School [and believe me these Former Graduates are the backbone of American Politics and Establishment and many amongst them are in US Central Intelligence Agency as well] to lodge even a peaceful protest against US Forces’ daily violation of Pakistan’s Airspace and these violation also culminates in many innocent deaths in NWFP’s Tribal Belt.
Barack Obama (US President)
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush.
Elliott Abrams is an American lawyer who has served in foreign policy positions for two Republican U.S. Presidents, Ronald Reagan and George W. Bush. He is widely labeled as a leading neoconservative. President George W. Bush appointed Abrams to the post of Special Assistant to the President and Senior Director for Democracy, Human Rights, and International Operations at the National Security Council on 25 June 2001.
Robert Bruce Zoellick was the eleventh president of the World Bank, a position he has held since July 1, 2007.[1] He was previously a managing director of Goldman Sachs,[2] United States Deputy Secretary of State (resigning on July 7, 2006) and U.S. Trade Representative, from February 7, 2001 until February 22, 2005.
President George W. Bush nominated Zoellick on May 30, 2007 to replace Paul Wolfowitz as President of the World Bank. On June 25, 2007, Zoellick was approved by the World Bank’s executive board. He is a NEOCON AND HARD CORE PRO ISRAELI ZIONIST [CJ Iftikhar Chaudhary and Samad Khurram enjoy excellent company]
And there are many many more, just search in google.
References:
Pakistan’s Chief Justice Awarded Medal of Freedom Honorable Iftikhar Muhammad Chaudhry inspired a lawyers’ revolution against autocracy
Matt Hutchins Issue date: 11/20/08 Section: News [1]
Samad on CJ:)
The Taliban are Here Monday, April 20, 2009 By Samad Khurram
http://www.thenews.com.pk/editorial_detail.asp?id=173372
Back in 2002, I was returning from Friday prayers when I saw an unusual gathering of singing and quasi-dancing mullahs. Unusual because I had always assumed mullahs to be against all types of kufr (art). The amused crowd were listening to chants of “Taliban aa-gae! Taliban aa-gae!” I smirked: As if! Pakistan is a nuclear country with the seventh-largest army. We’re safe.
The mullahs’ songs have been answered – the Taliban indeed are coming. And with them the cowards are bringing a lifestyle that destroys everything Pakistan.
Oh, no! Wait! This guy is on the paycheque of those who are trying to break Pakistan. The Taliban are our heroes, it is America which is in the wrong. Yes, this is the typical self-defence mechanism coming to full force. Having nothing to lose, and having been already declared a CIA agent earlier in life, I suppose I’ll continue. Continuing with a genuine fear that these words are falling on either deaf or hostile ears, it may well be that Mohammad Ali Jinnah’s Pakistan is over in a year if all this chaos continues.
Perhaps, if Jinnah knew that the country he founded was going to become an arena for public flogging, where the laughs of sadist barbarians will mingle with the screams of women and children, he would not have decided on creating it. Had he known that there would be more suicide bombs in his country than any other place in the world, where militants and bigots would go around threatening women to “dress properly,” where schoolchildren would have to undergo security checks as if they were in a war zone, he would be extremely upset.
All our talk shows discuss the merits and demerits of the 17th Amendment, or bash America and India. Yes, American drones and Indian statements are a threat to our sovereignty. Yes, the balance of power is important, but it is the Taliban who have killed more people than India or the US drones combined, and have made us feel more unsafe than anyone else in the past thirty years. What other definition of sovereignty is there than provision of protection to people and maintenance of the writ of the state? Why can’t we have some programmes that discuss the atrocities of the Taliban, acts of terror that they do and how they have destroyed Pakistan?
No, it’s not the “Hindu Zionists” working on a CIA/Mossad-sponsored conspiracy to break Pakistan. And for the sake of argument, even if they are foreign-funded, does that not mean we should double our efforts to counter them? Remember when India briefly occupied some land in 1965 and how the whole country rallied to defend this invasion? My grandfather had stories of people going with sticks to support the army. I am afraid I will not have any such stories of patriotic resistance to tell anyone when another enemy has taken control of, say, a fourth of the NWFP and roughly one-twentieth of Pakistan.
But remember the great Pakistani Fauj which, under the Ameer-ul-Momineen, Zia-ul-Haq, crushed the Russians? This is only a plan to make America taste the same fate! Yes, thank you Zaid Hamid. For a nation which already lives in denial, your conspiracy theories are all we need to turn us completely schizophrenic.
For the love of God, can anyone explain to me why the great army whose laurels we sing from the day we are born has still not been able to jam radio stations pouring terror in Swat? How is it that these Taliban leaders can appear before journalists in broad daylight and roam freely without any trouble even when they claim responsibility for a suicide bombing?
Perhaps the real question I should ask is, why do I even care? When I took time off from Harvard to be part of the lawyers’ movement I had seen a ray of hope. There were concerned citizens and lawyers who stood for what was right, no matter what the consequences. We fought for a principle and won, with the hope that things will slowly improve. Today the very judges we had faith in released the Lal Masjid cleric whose crimes everyone knows about. If the judiciary was going to release people whose crimes were recorded on TV, perhaps it does explain why the Taliban are growing popular.
Having said that, rays of hope like Afzal Khan Lala, who has refused to move from Swat while he is alive, appear every now and then. However, he stands alone in facing the storm. Other than Ayaz Amir, not a single Pakistani leader has spoken out against the Taliban. Will the real leader who can get rid of these monsters stand up, please? Imran Khan? Qazi? Nawaz Sharif? This silence is criminal!
What’s worse is that these leaders of ours have unanimously approved a state within a state run, which is not accountable to anyone, absolved the Taliban of all crimes and provided them a safe haven to kill more Pakistanis. The so-called Nizam-e-Adl Regulation was endorsed by the National Assembly without any proper debate.
The sad story, friends, is that the Taliban are here, and unless we stand up against them in every possible way, Pakistan will be lost for good. And it will not be lost because of Zardari’s real or perceived corruption or anything else like that, but because of the silence of the lambs – we ALL will be responsible if Pakistan fails.
The writer is a student at Harvard University and turned down an award from the US ambassador as a mark of protest against killings of Pakistanis by US drone attacks. Email: skhurram@fas.harvard.edu
SC’s responsibility? Wednesday, 18 Aug, 2010
http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/editorial/scs-responsibility-880
REMARKS made from the bench during the course of legal cases carry no legal weight. Nevertheless, the world over, such remarks give an insight into the thinking of judges. On Monday, during the ongoing hearings on challenges to certain parts of the 18th Amendment, Chief Justice Iftikhar Chaudhry posed the question: “Should we accept if tomorrow parliament declares secularism, and not Islam, as the state polity?” That the question was asked in a rhetorical way was relatively clear: several judges indicated that such a move was even beyond contemplation. That is a troubling position.
Leave aside the remote possibility of secularism being constitutionally approved as the governing ethos of the Pakistani state. The question is really, should the Supreme Court appropriate for itself the responsibility of determining under what system the Pakistani people want to live, as expressed by their elected representatives? Is the SC the guardian of the document, the constitution, which enshrines how Pakistanis want to organise their state, vertically between state and society and horizontally between the institutions of the state, or is it an institution which determines how the state should be organised? The two are very different matters: the first places the SC as a referee, the second as a determinant of the structural design of the Pakistani state.
There is a further issue here: that of secularism itself. Demonised and distorted, the original meaning, and perhaps for reasonable people the only applicable meaning, of the term ‘secularism’ has been lost here in Pakistan. Secularism is not ladeeniat, it is not anti-religion, as has been the claim of religious conservatives since the 1960s. It is one thing for Islamic parties to make that deliberately false claim, quite another for it to have apparently gained traction in the highest court of the land. Secularism is a very specific and narrow concept: the separation of religion and the state. Rather than being anti-religion, secularism is religion neutral. Standing in the way of those claiming that secularism is anti-religion and even vaguely anti-Pakistan at some level is one giant: Mohammad Ali Jinnah. The speech that the Quaid made from the floor of the constituent assembly in 1947 was a clarion defence of secularism, notable both for the occasion and the powerful oratory. Unable to rebuff the straightforwardness of the words — ‘religion is not the business of the state’ — conservatives have resorted to watering it down or ignoring it altogether. Perhaps the SC should ponder this question: would a constitutional amendment passed on the basis of the Quaid’s speech be declared against the ‘basic structure’ of the constitution?
’کچھ شقیں جمہوریت کے منافی‘
پنجاب کے ایڈووکیٹ جنرل نے اٹھارویں آئینی ترمیم میں ججوں کی تعیناتی کے طریقہ کار سمیت کئی شقوں کی مخالفت کی ہے
پنجاب کے ایڈووکیٹ جنرل خواجہ حارث نے اٹھارہویں آئینی ترمیم میں ججوں کی تعیناتی کے طریقہ کار، سیاسی جماعتوں میں انتخابات کے طریقہ کار اور سیاسی جماعتوں کے سربراہوں کو اپنی جماعت کے ارکان کو نااہل قرار دلوانے کے اختیار کی مخالفت کی ہے۔
اس سے پہلے پنجاب حکومت کے وکیل بیرسٹر شاہد حامد نے اٹھارہویں ترمیم میں ججوں کے نئے طریقہ کار اور سیاسی جماعتوں کے سربراہوں کو دیے جانے والے اختیارات کی حمایت کی تھی۔
چیف جسٹس افتخار محمد چوہدری کی سربراہی میں سپریم کورٹ کے سترہ رکنی بینچ نے اٹھارہویں آئینی ترمیم کی کچھ شقوں کے خلاف دائر درخواستوں کی سماعت جمعرات کو بھی جاری رکھی۔
خواجہ حارث نے دلائل دیتے ہوئے کہا کہ اٹھارہویں ترمیم میں کچھ شقیں جمہوریت کے منافی ہے۔ انہوں نے کہا کہ اعلیٰ عدالتوں میں ججوں کی تقرری کے لیے پارلیمانی کمیشن کی تشکیل سے ججوں کی تقرری کو سیاسی بنا دیا جائے گا۔
انہوں نے کہا کہ اعلی عدالتوں میں ججوں کی تعیناتی کے پرانے طریقہ کار کو کسی نے چیلنج نہیں کیا تھا۔
خواجہ حارث نے جو پنجاب کے چیف لاء آفیسر ہیں، کہا کہ ججوں کی تقرری کے حوالے سے آئین کا آرٹیکل ایک سو پچھتر اے عدلیہ کی آزادی کے خلاف ہے۔ ’اسی طرح آئین کے آرٹیکل سترہ کا سب آرٹیکل چار ہے جس میں سیاسی جماعتوں میں انتخابات کا ذکر کیا گیا ہے وہ بھی جموریت کی روح کے منافی ہے۔‘
اس سے پہلے پنجاب حکومت کے وکیل بیرسٹر شاہد حامد نے دلائل دیتے ہوئے کہا کہ اعلیٰ عدالتوں میں ججوں کی تقرری کے لیے بنائے جانے والے پارلیمانی کمیشن میں سیاسی اثرورسوخ استعمال نہیں ہوگا۔
اعلیٰ عدالتوں میں ججوں کی تقرری کے لیے بنائے جانے والے پارلیمانی کمیشن میں سیاسی اثرورسوخ استعمال نہیں ہوگا۔
بیرسٹر شاہد حامد
بینچ میں شامل جسٹس جاوید اقبال نے پنجاب حکومت کے وکیل سے استفسار کیا کہ پارلیمانی کمیشن میں شامل ارکان پارلیمنٹ کیا اپنی جماعت کے سربراہ کے اثرورسوخ میں نہیں آئیں گے۔
بیرسٹر شاہد حامد کا کہنا تھا کہ اگر اس نظام میں کوئی خرابی ہے تو عدالت اس کی درستگی کے لیے اس کو پارلیمنٹ میں واپس بھجوا سکتی ہے۔ انہوں نے کہا اگر سپریم کورٹ پارلیمنٹ کی طرف سے کی گئی کسی ترمیم کو کالعدم قرار دیتی ہے تو یہ پارلیمنٹ کو کمزور کرنے کے مترادف ہوگا۔
انہوں نے کہا کہ ایسا ہونے کی صورت میں پنڈورہ باکس کھل جائے گا جو موجودہ نظام کے لیے نقصان دہ بھی ہوسکتا ہے۔
انہوں نے کہا کہ پنجاب حکومت نے بلوچستان ہائی کورٹ میں ججوں کی تعیناتی کے حوالے سے پارلیمنٹ کا مشترکہ اجلاس بلانے کی تجویز دی ہے۔
چیف جسٹس افتخار محمد چوہدری نے اٹارنی جنرل مولوی انوارلحق سے کہا کہ وہ حکومت سے دوباہ ہدایات لے کر عدالت کو بتائیں کہ انہوں نے بلوچستان ہائی کورٹ میں ججوں کی تعیناتی کے لیے کیا اقدامات کیے ہیں۔
چیف جسٹس کا کہنا تھا کہ چار دسمبر کو بلوچستان ہائی کورٹ کے چار ایڈشنل جج ریٹائر ہو جائیں گے۔
ان درخواستوں کی سماعت تئیس اگست تک ملتوی کردی گئی۔
آخری وقت اشاعت: جمعرات 19 اگست 2010 , 11:47 GMT 16:47 PST
http://www.bbc.co.uk/urdu/pakistan/2010/08/100819_shahzad_18th_amend_hearing.shtml
Pakistani Tweeples slam pro-JI homophobe Samad Khurram
BY ADMIN
ISLAMABAD: The Pakistani twittersphere has extended immense support to Pakistani senator and interior Minister Rehman Malik for his latest tweet in which he says he has ordered to trace and charge a pro-JI, pro-Iftikhar Chaudhry homophobe Samad Khurram under impersonation for Samad Khurram’s lies in his twitter bio.
Rehman Malik’s tweet says:
Samad Khurram is not my media adviser and I have ordered an inquiry to trace him and charge him under impersonation. @SamadK
Apparently, Samad Khurram has falsely put the following information in his bio:
“Media Adviser to @SenRehmanMalik. Clearly, I am very competent.”
Pakistani tweeters have slammed Samad Khurram for his consistent anti-politician, pro-military establishment and pro-ISI-backed judiciary tendencies.
Tweeples in condemnation of Samad Khurram:
beenasarwar
Easy to put up a fake bio to get a rise out of PPP. Let’s see someone put up a fake bio linking themselves to say, MQM or JI
They know they’re safe to pull such pranks w PPP. Like the ‘artist’ who showed BB sitting on Zia’s lap. Try it w Londonwala
beenasarwar
Agree w @maulabuksh: @SenRehmanMalik Sen. don’t waste ur time with JI homophobe Samad K; he wil just bring u down to his pit
ijattala Imran Jattala
truw that RT @Laibaah: @MaulaBuksh Many of these people supporting @samadk are themselves deeply insulting to @SenRehmanMalik
LGBT Activists of UK have already complained to British Council Islamabad against Samad Khurram’s homophobic attitudes and statements.
MaulaBuksh Maula Bux Thadani
sorry, not fooled by this “”sarcasism” excuse either! pathetic
@smokenfog @shahidsaeed @SenRehmanMalik @Laibaah so fraud, homophobia and supporting Islamofacists a joke for you guys!
when @samadk running smear campaigns against Pk’s top HR activist, that a joke too!
the true nature is one JI supporting homophobe who can make fun of politicians but stay clear of ISI.
@omarWaraich Malik Ishaq fiasco is your ISI backed Judicary. Good to see the defense of homophobes.
Laibaah Laiba Ahmad Marri
@Rezhasan Why are you meddling into Pakistan affairs while siding with pro-establishment fake liberal bloggers? @MaulaBuksh @SenRehmanMalik
@Rezhasan Of course you know @SamadK pakistanmartiallaw.blogspot.com/2008/05/establ… and youtube.com/watch?v=G4c4nc…
RiazToori Riaz Ali Toori
FF stands for Fake F? RT “@tammyhaq: #FF only @SamadK – the empire strikes back”
Laibaah Laiba Ahmad Marri
@SenRehmanMalik Sir, please note there is already a complaint pending against @SamadKhurram by a UK human rights activist @DavidIslamabad
laibaah
Some influential people eg @TammyHaq and an SCP judge R behind @SamadKhurram
British Council must inquire into @SamadKhurram’s wrong impersonation of @SenRehmanMalik & also for homophobia
Anti-drone anti-US homophobes Union: Jamaat Islami goons garland Samad Khurram at Punjab University
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Posted on July 14, 2011 at 8:53 pm
Tags: beena sarwar, Samad Khurram
7 Comments to “Pakistani Tweeples slam pro-JI homophobe Samad Khurram”
admin
July 14, 2011 at 8:56 pm
@DavidIslamabad @BCPakistan @SenRehmanMalik @SamadK @MaulaBuksh @LGBTLabour @lgfoundation @LGBToryUK
An open letter to British Council Islamabad: Who is this homophobe?
— by Lindsey Collins
Around the same time this month when the Islamofascist organization, Jamaat-e-Islami took out a Hate Rally to condemn a private party in the US consulate in Islamabad, a well known Anti-West, activist, Mr.
Samad Khurrum, an employee of the British Council Islamabad, was using twitter to justify homophobia. Kindly observe his time lines from July 1 to July 5th which I have copied below:
SamadK Samad Khurram
The US Consulate does deserve a Darwin Award for holding an LGBT parade in Islamabad and issuing a press release about it.
4 Jul
SamadK Samad Khurram
You can’t hate JI for being honest and logical in their beliefs. Quran doesn’t tolerate LGBT and is completely silent on rape.
SamadK
(Quran 7:81) “For u practice your lusts on men in preference to women : u r indeed a people transgressing beyond bounds.”
4 Ju
SamadK
Indian Health Minister who happens to be a Muslim- & Jamat-i-Islami share same opinion on homosexuals bbc.in/kkI5fa
4 Ju
SamadK
(Quran 25:165-6) OfAll creatures in theworld u approach males notfemales? U R transgressing all limits bit.ly/iLCeln
4 Jul
Mr. Samad Khurram’s selective misuse of Quranic verses to subtly spread hatred against LBGT communities is detestable. On examining his timeline, I found nothing in support of the oppressed Baloch and
Ahmadi communities that are facing dire straits in Sarmad’s native
Pakistan. Surely, he could have written something to highlight the
continuing genocide of the Baloch, Pakhtoons and Hazaras. A tweet
condemning the killers of the Ahmadi, Shia and Christain communities
of Pakistan would not have hurt him. Sadly, there is nothing to this
effect by Mr. Samad Khurrum.
Much as I find his twitter homophobia detestable, Samad Khurrum has to
the right of free speech. However the fact that Mr. Samad Khurrum is
an employee of the British Consulate in Islamabad in Pakistan makes
his homophobia a matter of concern. It was not enough that this
anti-West anti LBGT activist studied at Harvard; a university
generously funded by Americans, private and public.
Today, the British Exchequer also has to bear the costs of a
shamelessly public homophobe. This is the sad state of affairs
regarding multiculturalism and political correctness where an
anti-West and anti LBGT Islamist activist enjoys a cushy job at the
expense of the British Tax payer. Such shamelessness must not be
tolerated. Please join me in sending this to all the British
Consulates in the world, the UK media as well as Mr. Samad Khurram’s
employers and colleagues in Pakistan. All those of conscience must
protest this homophobia.
Mr. Samad Khurrum’s claim to fame is his orchestrated protest against
the drone attacks which are killing Taliban and Al Qaeda leaders and
minimizing the casualties of our troops stationed in Afghanistan as
part of the NATO mission there. For this “act”, Mr. Samad Khurrum was
allegedly garlanded by the activists of the Islami Jamiat-e-Talaba at
the Punjab University.
Social media and Google have made it possible for us to expose hatred
and Bigotry. Let us not be intimidated by Samad Khurrum’s powerful
contacts which include the avowedly Pro Taliban journalist, Hamid Mir,
fashionista and failed Imran Khan candidate, Ayesha Tammy Haq and the
Chief Justice of the Supreme Court and known supporter of
Jamaat-e-Islami, Mr. Iftikhar Chaudhry himself.
This homophobe needs to be exposed just like Imran “Taliban” Khan or
homophobic supporter of the late OBL, Zakir Naik.
I am forwarding my letter to as many individuals, media groups, LGBT
activists and human rights organizations as possible to highlight this
blatant homophobia. Please feel welcome to post and cross post and
share on your Twitter and Facebook accounts.
In particular, I would like Human Rights Watch, Amnesty International
and their Pakistani counterparts to look into this. I would also
request prominent Pakistan Human Rights activists like Mustafa Qadri,
Ali Dayan Hasan, Beena Sarwar, Asma Jehangir and Shehrbano Taseer to
look into this. There needs to be a proper inquiry in this detestable
act by Mr. Khurrum followed by proper action against such hate speech
by an employee of the British Exchequer. Failing this, legal action
should be taken against the British Consulate in Pakistan.
Thanks to all my social media friends in Pakistan for getting my
attention. I would acknowledge all of you all but that might endanger
your lives.
Reply
admin
July 14, 2011 at 9:01 pm
There are muslim LGBT organizations in the UK, Canada and USA which have a different interpretation of the Quranic verses. Samad Khurram chooses to highlight a selective position on twitter to support the JI. Similar verses are selectively quoted to launch pogroms against Christains, Shias and Ahmadis in Pakistan.
Samad is either a duffer or a bigot or quite possibly both. His friends (on a closed forum) have already stepped in and given such laughable excuses that he is being sarcastic/funny etc . I see nothing sarcastic about gay bashing.
Reading his timeline gives quite the following impression:
In responding to an Aftab who is critical of the JI “LGBT “don’t deserve to be Muslim or Pakistani” Jamaat-e-Islami. But rapists deserv 2 be Muslim and Pakistani. Buhat aala” , Samad writes:
“You can’t hate JI for being honest and logical in their beliefs. Quran doesn’t tolerate LGBT and is completely silent on rape.”
The first tweeter Aftab was pointing out JI’s hypocrisy and Samad was doing the opposite. Taking out hate rallies is not being “honest” or “logical”.
Do you know what the “Darwin Awards” are; A Chronicle of Enterprising Demises
Honoring those who improve the species…by accidentally removing themselves from it! , http://www.darwinawards.com/
So the United States should accidently remove themselves from the human race for holding a party for those of LGBT. That is plain hateful to both the US and to LGBT!
What next, the Sipah Sahaba are a Marxist Seriaki nationalist movement
Samad’s tweets are an insidious excuse of accepting hate against LGBT members and communities.
Religion can be viewed as a private spiritual contract or it can be misused by bigots by a selective reading. The position taken by Samad and Jamaat Islami reek of bigotry.
Reply
admin
July 14, 2011 at 9:23 pm
Samad Khurram supporters (urban centric, soft on GHQ harsh on politicians network):
tammyhaq Ayesha Tammy Haq
#FF only @SamadK – the empire strikes back
cpyala Cafe Pyala
That’s what happens to smartypants RT @SamadK Not really hilarious if you’re on the other side shitting in your pants.
kaalakawaa Kala Kawa
@beenasarwar Seriously? “JI Homophobe”? How exactly do you know that to endorse that statement?
cpyala Cafe Pyala
@beenasarwar Yes, would love to know how you arrived at that statement too. @kaalakawaa
pakistanpolicy Arif Rafiq
. @SenRehmanMalik Are you going to send Interpol after @SamadK?
sanasaleem Sana Saleem
Today we are all Samad Khurram @shahidsaeed @samadk
shobz Shoaib Taimur
@sanasaleem i say we should all change our bios to support @samadk
Rezhasan Rezaul Hasan Laskar
all this from a schmuck who thinks wives and girlfriends go around killing folks. way too ridiculous. this is like outa Star Wars.
abbasnasir59 Abbas Nasir
@samadK Change your location to Nine-Zero. The heat’ll be off before you can say the word. #nangaybhookaypowerwalay
UroojZia Urooj Zia
From a certain portion of his anatomy where “the sun don’t shine” RT @shobz: i really wonder where @SenRehmanMalik gets his statistics from.
AmmarRashidT Ammar Rashid
This is beyond brilliant. We’ve really arrived at mirthless insanity of Dadaist proportions haven’t we? @SenRehmanMalik @SamadK
OmarWaraich Omar Waraich
So Malik Ishaq will now roam free as the Interior Ministry hunts @SamadK #Absurdistan
shahidsaeed Shahid Saeed
RT @OmarWaraich: @SamadK is hiding in a big mansion outside Islamabad
Reply
admin
July 14, 2011 at 10:10 pm
Laibaah Laiba Ahmad Marri
Yesterday MQM goons ganged up against Zulfiqar Mirza. Today their fake liberal, homophobe @SamadK aides gang up against @SenRehmanMalik
12 minutes ago
»
Laibaah Laiba Ahmad Marri
@SenRehmanMalik Trust me, the Talib loving judges who release Malik Ishaqs & Qari Saifullahs will readily favour JI homophobe @SamadK
14 minutes ago Favorite Reply Delete
Laibaah Laiba Ahmad Marri
@SenRehmanMalik @SamadK is a PPP-hating Pro-Talib homophobe whose aim is to flash his Harvard degree & be a pretend liberal like his friends
17 minutes ago
Laibaah Laiba Ahmad Marri
@SenRehmanMalik PPP haters in media @TammyHaq @SanaSaleem @ShahidSaeed @Rezhasan salivating at the prospect of @SamadK being charged by you
18 minutes ago
Laibaah Laiba Ahmad Marri
@SenRehmanMalik Any attempts to go after @SamadK’s minor fraud only obscures his bigotry and twisted attention seeking life. @BeenaSarwar
19 minutes ago
Laibaah Laiba Ahmad Marri
@SenRehmanMalik Plz don’t fall in the trap of going after JI homphobe @SamadK; Pakistan’s biased media waiting for you there.
Reply
Dr. Qadeer
July 15, 2011 at 7:30 am
He was stealing money from many people and blackmailing them in name of some judges.
Reply
admin
July 15, 2011 at 10:16 am
Smaad Phattoo on Twitter:
SamadK Samad Khurram
Hence: I am Rehman Malik’s media adviser. (No I’m not, please read the previous tweets for the context if someone just RT-ed this).
13 minutes ago Favorite Retweet Reply
SamadK Samad Khurram
FACT 2: I am completely incompetent.
21 minutes ago
SamadK Samad Khurram
FACT 1: Rehman Malik gives terrible public statements. His media adviser is completely incompetent.
21 minutes ago
SamadK Samad Khurram
So a lawyer friend has advised to change bio and explain the joke. First’s done & here’s a failed attempt at explaining the failed joke.
32 minutes ago
Bio on Twitter now reads: Samad Khurram
@SamadK Pakistan
This bio has been changed.
Reply
Shahzad Kakazai
September 7, 2011 at 8:14 am
Homophobic and secularphobic judges in Pakistan’s apex court
http://criticalppp.com/archives/21373
To Pakistani media: Stop spouting homophobic hatred
May 30, 2011
http://blogs.tribune.com.pk/story/6137/to-pakistani-media-stop-spouting-homophobic-hatred/
http://pakistanblogzine.wordpress.com/2011/12/08/hate-speech-against-shia-muslims-by-professor-saleem-ali-of-the-university-of-vermont-usa/
In the meanwhile, let’s congratulate Abbas Nasir, Arif Rafiq, Samad Khurram, Urooj Zia and Gibran Peshimam on supporting Saleem Ali Jhangvi.
There are some fake liberals who (politically) corrected their anti-Shia stance after their initial support to Saleem Ali Jhangvi
pakistanpolicy Arif Rafiq
@mazdaki So members of the left are now engaging in lobbing ad hominems & using bully tactics just like the right. @saleem_ali
SamadK Samad Khurram
Now? RT @pakistanpolicy: So members of the left are now engaging in lobbing ad hominems & using bully tactics just like the right
SamadK Samad Khurram
@pakistanpolicy I remain a productive member of society by not interfering with the productiveness of others. Society wins by my sloth.
gibranp Gibran Peshimam
Er, sorry but I don’t see why the Saleem Ali piece has aroused so much offense. Comparing it to LeJ literature? That’s extreme exaggeration
shahidsaeed Shahid Saeed
Judging by comments, some people seem to have really taken offense to Saleem Ali oped in ET on Shia Sunni “reconciliation”
shahidsaeed Shahid Saeed
For a more sensitized column that doesn’t ask Shias to tone down or do more, please see Javed Chaudhry in Express http://t.co/scY5mJdJ
Sidra_Rizvi Sidra Rizvi
with this piece…… Javed chaudry please go to hell http://t.co/E2S6EHHr oh n while you are on your way please take Saleem Ali with you..
AbdulNishapuri Abdul Nishapuri
On 10th of Muharram, Javed Chaudhry had a special guest in his talk show: Hanif Qureshi of LeJ-SSP: youtu.be/2cgzar4wPKs
abbasnasir59 Abbas Nasir
@Darveshh I read it. Makes perfect sense. Well-argued. Sadly faith, rituals r often confused; ‘Divine’ right leaves little room for reason
airtiza Syed Ali Irtiza
@abbasnasir59 Ok, we will wait for your piece. Saleem Ali called all of Shias lunatics, U might go further calling them bastards! @Darveshh
GreenAdMedia Irfan – TheMQC.net
@saleem_ali I think your article raised some very valid points. What is sad is that our shia brethren has misinterpreted it big time.
UroojZia Urooj Zia
@saleem_ali Will wait for it. I get the crux of your argument; disagree with the method used.
UroojZia Urooj Zia
@iamabbasraza I know @omar_quraishi and he’s NOT a bigot. Ironic how such accusations are thrown around blindly by PTI supporters.
iamabbasraza Abbas Raza ✔
@UroojZia @omar_quraishi he published Ali saleem so much hate n he is not bigot . leave PTI out of dis
aamir_khan82 Aamir Nawaz Khan
@mirpurian2022 yar visit at etribune site wahan front page pe shia sunni reconiliation k naam se aa rha hoga
@aamir_khan82 Aamir Nawaz Khan
@mirpurian2022 yar is bandey ki himmat check kar. Maan gaya ustad isko
aamir_khan82 Aamir Nawaz Khan
@HRazaPK I think what @saleem_ali mentioned in his blog is nt blasphemous. These are some hidden n bitter realities
shahidsaeed Shahid Saeed
@gibranp best is that ali dayan hasan is a shia murder apologist member of LeJ. essentially everyone except anon twitters @SamadK
shahidsaeed Shahid Saeed
@gibranp oh that lot calls everyone jhangvi and LeJ member (cafe jhangvi for cafe pyala eg). I’m a active LeJ activist acc to Laibaah too
shahidsaeed Shahid Saeed
@gibranp i don’t think it will lead to (more) Shia murders but who called it LeJ literature?
……….
gibranp Gibran Peshimam
@SamadK @shahidsaeed haha. gee, things sure get testy around here.
gibranp Gibran Peshimam
@shahidsaeed I still maintain that the piece isn’t that offensive, honestly. Is feel he isn’t in control of his semantics, that’s all.
gibranp Gibran Peshimam
@shahidsaeed quite a few crazies. Were calling the author saleem ali jhangvi.
gibranp Gibran Peshimam
Yea, I didn’t think there’d be a response to that. Ironic that hate is openly being spread by those who complain of the same thing.
gibranp Gibran Peshimam
@AbdulNishapuri Conversely, my friend, it is this sort of hypersensitivity that leads to blasphemy-related murders @Nadir_Hassan
gibranp Gibran Peshimam
@Nadir_Hassan precisely. So while it ought to be deemed offensive, perhaps not called hate literature.
gibranp Gibran Peshimam
@AbdulNishapuri you seriously think this piece incites people to murder? @Nadir_Hassan
gibranp Gibran Peshimam
I mean I’m not defending it or anything – but LeJ? Seriously?
gibranp Gibran Peshimam
@AbdulNishapuri I fail to see what my religious beliefs have to do with agency of the oppressed.
gibranp Gibran Peshimam
I mean, it’s sanctimonious, and self-righteous in the liberal-conservative sense, but certainly not sectarian.
gibranp Gibran Peshimam
Er, sorry but I don’t see why the Saleem Ali piece has aroused so much offense. Comparing it to LeJ literature? That’s extreme exaggeration
…….
SamadK Samad Khurram
@gibranp @shahidsaeed They accused a shia today of being anti-shia and similar to malik ishaq: bit.ly/vq2jTW [@AbdulNishapuri -Every sane voice has condemned etribune and Saleem Ali except a few Abbas Nasir and Malik Ishaq types.]
SamadK Samad Khurram
@gibranp I’ve been called member of ISI, LeT, LeJ, Jaish, SSP, TTP, AQ, Taliban and of every other militant outfit by them. @shahidsaeed
SamadK Samad Khurram
Last night @abdulnishapuri was comparing @abbasnasir59 to Malik Ishaq. Now calls him a Shia-phobe twitter.com/#!/Laibaah1/st… pic.twitter.com/Vsc2q3He
airtiza Syed Ali Irtiza
@SamadK I am not engaging with you anyway, Go defend LeJ now. Shabash!
airtiza Syed Ali Irtiza
@jaafernaqvi I can smell ‘nasb’ & ‘nasab’ from a distance SamadK smells of nasb, hence reveals his nasab! (nasb = root word for nasibi)
jaafernaqvi Jaafer Tayyar Naqvi
@airtiza well said. @SamadK
AsadNasir80 asad nasir
@SamadK explain yourself! RT @Laibaah1: @dorkydoc @asadnasir80 Pakistani Tweeples slam pro-JI homophobe Samad Khurram wp.me/p1joLZ-9It
Laibaah1 Laibaah
Vermin is trying to be politically correct! LOL RT @SamadK Really glad that @etribune took down that article…
HaiderKarrar Syed Haider Karrar
#FF to @Laibaah1 for her bold stance against #Yazidi descendant @Saleem_Ali and today’s #MalikIshaq #Ssp & #Lej supporter @ Samadk
mughalbha Aamir Mughal
@mazdaki @Razarumi My Hero is Samad Khurram pic.twitter.com/kzlCJdTF
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