“The judge raj” in Pakistan is paving way for another military dictatorship
…Our lordships may be cautioned about the possibility that judicial activism sometimes runs the risk of intruding on turf strictly belonging in our constitutional scheme of things to other institutions of state. In the post-judiciary restoration era, the respect and confidence enjoyed by the superior judiciary must be safeguarded through judgments and steps that do not offer any hint of the expansion of judicial purview beyond what may affect in the long run its own dignity and respect. If not exercised with, and balanced by, the well known maxim of judicial restraint, the present scenario raises doubts in some minds whether judicial intervention in many matters may veer towards judicial dictation. Source
Here are three op-eds highlighting the pitfalls of selective justice against the PPP and judicial interference into executive affairs, by Asma Jahangir, Irfan Hussain and Nzir Naji:
Another aspect of the judgment
By Asma Jahangir
Saturday, 19 Dec, 2009
The NRO case, Dr Mubashar Hasan and others versus the federation, has once again stirred a hornet’s nest.
There is thunderous applause for bringing the accused plunderers and criminals to justice and widespread speculation on the resignation of the president. Very little analysis is being done on the overall effect of the judgment itself.
While, the NRO can never be defended even on the plea of keeping the system intact, the Supreme Court judgment has wider political implications. It may not, in the long run, uproot corruption from Pakistan but will make the apex court highly controversial.
Witch-hunts, rather than the impartial administration of justice, will keep the public amused. The norms of justice will be judged by the level of humiliation meted out to the wrongdoers, rather than strengthening institutions capable of protecting the rights of the people.
There is no doubt that impunity for corruption and violence under the cover of politics and religion has demoralised the people, fragmented society and taken several lives. It needs to be addressed but through consistency, without applying different standards, and by scrupulously respecting the dichotomy of powers within statecraft. In this respect the fine lines of the judgment do not bode well.
The lawyers’ movement and indeed the judiciary itself has often lamented that the theory of separation of powers between the judiciary, the legislature and the executive has not been respected. The NRO judgment has disturbed the equilibrium by creating an imbalance in favour of the judiciary.
The judgment has also sanctified the constitutional provisions of a dictator that placed a sword over the heads of the parliamentarians. Moreover, it has used the principle of ‘closed and past transactions’ selectively.
It is not easy to comprehend the logic of the Supreme Court that in a previous judgment it went beyond its jurisdiction to grant life to ordinances — including the NRO — protected by Musharraf’s emergency to give an opportunity to parliament to enact them into law.
If the NRO was violative of fundamental rights and illegal ab initio, then whether the parliament enacted it or not it would have eventually been struck down. By affording parliament an opportunity to own up to the NRO appears to be a jeering gesture unbecoming of judicial propriety.
The NRO judgment has struck down the law also for being violative of Article 62(f), which requires a member of parliament to be, ‘Sagacious, righteous and non-profligate and honest and ameen’.
Hence, the bench will now judge the moral standing of parliamentarians on these stringent standards set by the notorious Zia regime. This article of the constitution has always been considered undemocratic and a tool to keep members of parliament insecure.
If parliamentarians, who also go through the rigorous test of contesting elections in the public domain, are to be subjected to such exacting moral standards then the scrutiny of judges should be higher still.
After all, judges are selected purely on the value of their integrity and skills. Judges who erred in the past seek understanding on the plea that they subsequently suffered and have made amends. Should others also not be given the same opportunity to turn over a new leaf? How will sagacity and non-profligate behaviour be judged?
Apart from Dr Mubashar Hasan, not even the petitioners of the NRO case are likely to pass the strenuous test laid down in Article 62 of the constitution. This could well beg the question whether it is wise for those in glass houses to be pelting stones.The judgment goes much further. It has assumed a monitoring rather than a supervisory role over NAB cases. In India, the supreme court directly interfered in the Gujarat massacre but it did not make monitoring cells within the superior courts.
Is it the function of the superior courts to sanctify the infamous NAB ordinance, the mechanism itself and to restructure it with people of their liking? It is true that the public has greater trust in the judiciary than in any other institution of the state, but that neither justifies encroachment on the powers of the executive or legislature nor does it assist in keeping an impartial image of the judiciary.
The long-term effects of the judgment could also be counter-productive; perpetrators are often viewed as victims if justice is not applied in an even-handed manner and if administered in undue haste with overwhelming zeal. It is therefore best to let the various intuitions of state take up their respective responsibilities because eventually it is the people who are the final arbiters of everyone’s performance.
Source
On the slippery slope again
By Irfan Husain
Saturday, 19 Dec, 2009
Over the years, many court decisions have shaped Pakistan’s fate, usually for the worse. Is this how history will view the latest judicial twist? Or will the Supreme Court decision striking down the National Reconciliation Ordinance be seen as the historic judgment that eradicated corruption?
From all the jubilation being witnessed in the country following the announcement of the ruling, it would seem that all our troubles are now over, and that we can look forward to a golden era of transparency and good governance. But some cynics like me are not holding their breath: instead, we are nervously waiting for the fallout.
During the lawyers’ movement for the reinstatement of Chief Justice Iftikhar Chaudhry, Nawaz Sharif declared at a televised rally: ‘Once the chief justice is restored, I swear upon God that all of Pakistan’s problems will be solved!’ (‘Jub chief justice sahib wapis apne odhay pay lag jayengai, to mein Khuda ki qasam katha hoon kay Pakistan kay saray maslay hal ho jain gay!’
Well, the chief justice was restored some months ago, and as I was away for some of this time, I can be excused for not noticing that all our problems had been solved. But as far as I can tell, we are still struggling with loadshedding; prices have not suddenly come down; and above all, the jihadis seem to have missed Nawaz Sharif’s speech altogether because their terrorist activities have increased, if anything.
So who are the winners and the losers of this judgment? Obviously, the 8,000 or so people on the National Accountability Bureau list will now have to face a revival of the corruption charges that had been lying moribund for up to 20 years. The PPP government will be reeling from a reactivation of charges against several of its top leaders, including Asif Zardari.
The MQM, the biggest beneficiary of the NRO, won’t really feel the heat as the party supremo is now a UK citizen, and is living comfortably in London. Everybody else in the party, as we all know, is expendable. Does the fact that the MQM refused to support the government in voting on the NRO in the National Assembly indicate that a deal had been cut between the party and the establishment? In the event, the strategy worked in cutting the ground from under the government’s feet.
A big winner would seem to be Nawaz Sharif as his main rival now finds himself slowly twisting in the wind. However, this gain could be temporary as any destabilisation of the nascent democratic system could well rebound against him.
The higher judiciary now is widely respected for its activism, pronouncing on everything from the privatisation policy to sugar prices. Where defunct and discredited politicians once made a beeline for GHQ to find sympathetic ears, they now file constitutional petitions.
Whatever else happens, one thing is for sure, and that is our legal community will be assured of work for many years to come. Given the thousands of people who will need bail before arrest, and then subsequent legal advice and representation, our lawyers will be gainfully employed for a long time. However, given their efforts and sacrifices during their movement to restore the chief justice, they surely deserve all the breaks they can get.
More than individuals, we should be looking at the impact of the judgment on the system. Musharraf, for sordid reasons of political survival, and a desperate need to find a political ally to bail him out of his self-created mess, issued the NRO in 2007. This allowed the political process to move forward.
We can all criticise the moral bankruptcy of the NRO till the cows come home. Nobody can seriously deny the proposition that those accused of corruption should be tried, and if guilty, be punished. The problem, as usual, lies in the implementation of this principle. These cases have been languishing in courts for years, with some of them dating back 20 years. If our courts could not reach a verdict in all this time, what makes us expect an overnight transformation in their efficiency?
Anybody who has visited our lower courts will understand the serious defects in our judicial system. Inundated with a huge backlog of cases, saddled with archaic and arcane procedures, and riddled with corruption themselves, it is hard to see how these tribunals will be able to hand out swift judgments. And even if they do, our elaborate system of appeals will ensure that these cases remain subjudice for the duration of any normal lifespan.
Those of us who seriously believe that this judgment will eradicate corruption are in for a rude shock. Bribery and venality are the lifeblood of a creaking system, and without the kickback and the greased palm, our entire bloated bureaucracy would come to a grinding halt.
However, instead of addressing the problems of our deeply rooted institutionalised corruption, our prosecutors and investigators are invariably turned loose on political opponents as soon as governments change. As the establishment tends to view the sins of the PPP much more seriously than it does those of other parties, many more of its leaders figure on these witch-hunts. Thus, Nawaz Sharif not only escaped a death sentence, he spent the last few years in comfortable exile in Saudi Arabia.
None of this is to suggest that corrupt leaders should not undergo due process. But by the same token, the process should be transparent and across the board. In this case, since the vast majority of those named and shamed on the NAB list are from Sindh, are we being asked to believe that politicians and bureaucrats from the much larger Punjab province are as clean as the driven snow? Or are Sindhi leaders of the PPP government being victimised yet again?
One would have thought that at a time when our army is finally fighting Pakistan’s enemies in Fata, the government should be focused on this battle for survival. Instead it is being harassed and distracted. In wartime, it is traditional for the opposition to close ranks with the government in the national interest. What we are witnessing the steady unravelling of the consensus that had been so painstakingly built up just a short while ago.
But there is still time to pull back from the brink. Nawaz Sharif needs to show clearly and unequivocally that he and his party stand by the PPP, and will not accept any kind of extra-constitutional deviation. Otherwise, we will be on the slippery slope of military rule yet again.
irfan.husain@gmail.com
Source
Nazir Naji: Hissa darion ka tanaza
Here in Pakistan ther are two laws, one for Punjab ans 2nd for other three provices, these judges are inspired by media and they take side of Punjabi leader Nawaz Sharif who was supoter of Judges Tahrek.
Openly Lahore high court Chief Justice taling against government and Presidetn, wher is the suo moto notice against the CHief justice of Lahore,
we sindhis now think that this Pakistan is not for us, Pakistan mean Punjab, all judges, Punjabi media, Punjabi Burocrace and Punjabi army are against Sindhi, Balaoch, and Puston,
Punjabis killed Bhutto, Banazair Bhutto, Shahnawaz Bhutto, Murtaza Bhutto. Liyaqat Ali Khan, Akbar Bhugti, and many more leader of Small Province,
laws only for SIndhi Provice, they Hanged Bhutto., same Judges leave Nawaz sharif with his 40 servants to go saudi arabia, these blind judges taken action on NRO. but take notice on Punjabi leader nawaz sharif who was involve in the corruption on 3 thousand carores and many more,
sloute to the Punjabi judges who take side nawas sharif coz who is punjabi
now we sindhi leaving the side of Pakistan and raze slogan for seprate land sindho desh
JANG GROUPS EDITORS ARE INVITING ANOTHER MARTIAL LAW IN PAKISTAN.
Jang Group of Newspaper/The News International/GEO Television Network’s update 2355 PST, Monday, November 23, 2009 KARACHI: A ban has been imposed on airing of Geo News’ program ‘Meray Mutabiq’ from Dubai. According to sources, the high government officials of Pakistan exerting pressure on the Dubai government had the airing of the program stopped. Geo’s administration has said that this step of the government is tantamount to targeting the freedom of expression. It may be mentioned here that the senior analyst Dr. Shahid Masood was the anchor of ‘Meray Mutabiq’. REFERENCE: Geo’s program ‘Meray Mutabiq’ banned from Dubai Updated at: 2355 PST, Monday, November 23, 2009 http://www.thenews.com.pk/updates.asp?id=92070 Geo’s Program ‘Meray Mutabiq’ banned from Dubai Updated at: 0009 PST, Tuesday, November 24,2009 http://www.geo.tv/11-24-2009/53492.htm
Funny isn’t it that we saw the same “Meray Mutabiq” at 2300 hours dated 23-11-2009 by Dr Shahid Masood on the same GEO TV [Former Chief Executive of ARY One World TV, then Anchor Person GEO TV, then MD/Chairman of State run Pakistan Televison [appointed by Mr. Asif Ali Zardari – President of Pakistan] and then again the same GEO TV. Dr Shahid Masood and Jang Group of Newspapers often pull popular stunt to gain cheap popularity.[that is why Dr Shahid often write Urdu Columns because human memory is weak] One wonder which version of Shahid Masood and Jang are to be trusted? the one who started his career in ARY ONE World – Views on News, the one who used to exploit Pakistanis on Meray Mutabiq on GEO TV, or the one who joined PTV and Prime Minister Secretariat as the Advisor to PM or the one who again joined Jang Group of Newspapers and GEO TV’s Meray Mutabiq [AIK BAR PHIR – ONCE AGAIN] ‘revealing’ that he is dismantled by the government, I wonder after so many somersaults [for earning quick bucks], does even the inept PPP Government need a Zionist Conspiracy to dismantle this comedian, Dr Shahid Masood? One wonders that when Dr Shahid Masood knew everything bad about Asif Ali Zardari & Co then why did he join the PPP Cabinet, he also accepted the post of MD PTV and then again quit PTV and that too when his pay package was discussed [Watch the details of Dr Shahid’s fraud in the videos given in the link with the news filed by the very Jang Group on Dr Shahid Masood]in National Assembly and Senate he filed this story in The News International about Ansar Abbasi and rejoined GEO TV again. REFERENCE: EXPOSE’ ON DR. SHAHID MASOOD Jang Group VS Dr. Shahid Masood & ARY ONE World. http://chagataikhan.blogspot.com/2009/11/jang-group-vs-dr-shahid-masood-ary-one.html
Mr. Shaheen Sehbai, Group Editor, The News International, should have been ashamed of himself before quoting a wiretap/bug in his so-called analysis above, indeed it is shameful for an editor of one of the “leading” daily to quote Intelligence Agency Transcript. More shameful is that he is committing a treason [violating article 6 of 1973 Constitution of Pakistan] by inviting a Pakistan Army into politics. Read in his own words:
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So then who should do it? After the politicians, in all fairness, it is the prime responsibility of the Pakistan Army, which under Gen Musharraf created this situation and which should now undo the wrongs that Musharraf perpetrated for years. When Musharraf decided to quit as Army chief, he did not, and could not, absolve the rest of the Army generals from the blame they must share. Just by walking away under the pretext of “neutrality” and protecting their ex-commander by giving him a Guard of Honour, as if he was leaving after performing tremendous feats for Pakistan, the generals who collaborated with Musharraf cannot get away from their national duty and responsibility to undo the wrongs.
But Gen Ashfaq Parvez Kayani has walked away from everything and the poor politicians, led by Asif Zardari and Mian Nawaz Sharif, have been left with the dirty task of sweeping the stables and washing the left over dirty linen. Still it would be a right thing if the Army decided to correct the situation even now, unless they do not want to take the heat to a point in a few months when the generals will be sucked in, walking in like saviours to save the situation, like it has been happening in the past. Honesty and sincerity demands that the present Army generals put in their bit to help correct the distortions left over by Musharraf. They are the ones with guns to implement decisions. This time their efforts would be in the interest of Pakistan, as against using that power to perpetrate the interests of one man, one general or one junta. I am prepared to offer the following sequence of steps that the Army must take before the politicians are handed over the full reins of the country, the presidency and the Prime Minister house included:
1) Since Gen Musharraf had imposed an emergency on Nov 3, as COAS, to suspend the Constitution, Gen Ashfaq Parvez Kayani should find a way to undo all that was wrongfully done. It is his responsibility.
2) Kayani should use his influence to restore the judges to the Nov 2 position, because Musharraf threw them out fearing a judgment against him and as the politicians would never be able to reach a consensus in view of their own insecurities and vulnerabilities. It is also a known fact that Gen Kayani did not appear in the Supreme Court to give testimony against the deposed chief justice when the Supreme Court was hearing the case before July 20, 2007. It has been reported, and not denied, that Kayani was against the sacking of Justice Iftikhar Chaudhry when he was ISI director-general.
3) He should get the NRO repealed to revert the white-washing of thousands of alleged criminals, mostly those who had struck deals with Musharraf, or whose support Musharraf needed to prolong his rule. These people should be made to face normal process of law and clear themselves, as Asif Ali Zardari had done in almost all of his cases. I still cannot figure out why he had to get himself tainted with the NRO when he had been cleared by the courts any way.
4) Kayani should cancel all the secret deals that Musharraf had made with politicians or foreign powers as these deals are not binding international agreements signed between governments. Gen Kayani or his Army is not supposed to be bound by them.
5) He should persuade others to set up a National Accountability Commission, with men of undisputed credibility, strength of character and certified competence so that all the corruption cases, past, present and future, are sent to it and anyone cleared by it is genuinely considered an honest and clean person. At present the NRO has cast more doubts on its beneficiaries than helping clear their image.
6) While all the politicians, bureaucrats and others are made to appear before this commission, Gen Musharraf must also be brought before it and made to face the charges, instead of providing him a blanket amnesty.
7) When Army power can be used to thrust a one man rule and perpetuate his interests, why can’t Army power be used to undo the wrongs for which the entire institution of the army is facing the blame and Kayani has been forced to push it into the background.
Let the power of the guns and barrels be used, for a change, in the interest of the nation and the people. It was in this piece that I had politely asked the Pakistan Army to play its role, from behind the scenes, to clean up the mess which General Musharraf had left at the doorstep of unprepared politicians. I had suggested that General Kayani should use his influence to restore the judges to the Nov 2 position. REFERENCES: How to clean up the bloody mess By Shaheen Sehbai Tuesday, September 02, 2008 News analysis http://www.thenews.com.pk/top_story_detail.asp?Id=16975 How to clean up the bloody mess-2 By Shaheen Sehbai Monday, November 23, 2009 News analysis http://thenews.jang.com.pk/top_story_detail.asp?Id=25733
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Mr. Shaheen Sehbai/Jang Group of Newspapers have basically violated article 6 of 1973Constitution by inviting the Army in Politics.
As per 1973 Constitution of Islamic Republic of Pakistan
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PART I
6. (1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.
(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.
(3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.
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Mr. Shaheen Sehbai, Group Editor of The News International also forget as to what his own newspaper has been publishing about what type of negative impact “Army’s Influence” leave on Pakistan’s Politics. Let me give all of you a quote from Jang Group’s News filed one year ago.
“QUOTE”
ISLAMABAD: The main wheeler and dealer of the ISI during the 2002 elections, the then Maj-Gen Ehtesham Zamir, now retired, has come out of the closet and admitted his guilt of manipulating the 2002 elections, and has directly blamed Gen Musharraf for ordering so. Talking to The News, the head of the ISI’s political cell in 2002, admitted manipulating the last elections at the behest of President Musharraf and termed the defeat of the King’s party, the PML-Q, this time “a reaction of the unnatural dispensation (installed in 2002).” Zamir said the ISI together with the NAB was instrumental in pressing the lawmakers to join the pro-Musharraf camp to form the government to support his stay in power. Looking down back into the memory lane and recalling his blunders which, he admitted, had pushed the country back instead of taking it forward, Zamir feels ashamed of his role and conduct. Massively embarrassed because he was the one who negotiated, coerced and did all the dirty work, the retired Maj-Gen said he was not in a position to become a preacher now when his own past was tainted.
He said the country would not have faced such regression had the political management was not carried out by the ISI in 2002. But he also put some responsibility of the political disaster on the PML-Q as well. The former No: 2 of the ISI called for the closure of political cell in the agency, confessing that it was part of the problem due to its involvement in forging unnatural alliances, contrary to public wishes. Zamir’s blaming Musharraf for creating this unnatural alliance rings true as another former top associate of Musharraf, Lt-Gen (retd) Jamshed Gulzar Kiyani has already disclosed that majority of the corps commanders, in several meetings, had opposed Musharraf’s decision of patronising the leadership of the King’s party. “We had urged Musharraf many times during the corps commanders meeting that the PML-Q leadership was the most condemned and castigated personalities. They are the worst politicians who remained involved in co-operative scandals and writing off loans. But Musharraf never heard our advice,” Kiyani said while recalling discussions in their high profile meetings.
He said one of their colleagues, who was an accountability chief at that time, had sought permission many times for proceeding against the King’s party top leaders but was always denied. Kiyani asked Musharraf to quit, the sooner the better, as otherwise the country would be in a serious trouble. Ma-Gen (retd) Ehtesham Zamir termed the 2008 elections ‘fairer than 2002’. He said the reason behind their fairness is that there was relatively less interference of intelligence agencies this time as compared to the last time. But he stopped short of saying that there was zero interference in the 2008 polls. “You are quite right,” he said when asked to confirm about heavy penetration of ISI into political affairs during the 2002 elections. But he said he did not do it on his own but on the directives issued by the government. Asked who directed him from the government side and if there was somebody else, not President Musharraf, he said: “Obviously on the directives of President Musharraf.” Asked if he then never felt that he was committing a crime by manipulating political business at the cost of public wishes, he said: “Who should I have told except myself. Could I have asked Musharraf about this? I was a serving officer and I did what I was told to do. I never felt this need during the service to question anyone senior to me,” he said and added that he could not defend his acts now.
“It was for this reason that I have never tried to preach others what I did not practice. But I am of the view that the ISI’s political cell should be closed for good by revoking executive orders issued in 1975,” he said. Responding to a question regarding corruption cases that were used as pressure tactics on lawmakers, he said: “Yes! This tool was used, not only by the ISI. The NAB was also involved in this exercise.” Former corps commander of Rawalpindi, Lt-Gen (retd) Jamshed Gulzar Kiyani said majority of corps commanders had continued opposing Musharraf’s alliance with top leadership of the PML-Q. “Not just in one meeting, we opposed his alignment with these corrupt politicians in many meetings but who cared. Now Musharraf has been disgraced everywhere, thanks to his political cronies.” REFERENCE: The man, who rigged 2002 polls, spills the beans By Umar Cheema Sunday, February 24, 2008 http://www.thenews.com.pk/top_story_detail.asp?Id=13159
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’عدلیہ دائرہ کار سے تجاوز کر گئی ہے‘
علی سلمان
بی بی سی اردو ڈاٹ کام، لاہور
عدلیہ کا کام ارکانِ پارلیمان کی اخلاقیات کی جانچ پڑتال نہیں
پاکستان انسانی حقوق کمشن کی چیئرپرسن عاصمہ جہانگیر نے این آر او کے بارے میں سپریم کورٹ کے فیصلے پر تبصرہ کرتے ہوئے کہا ہے ’عدلیہ اپنے دائرہ کار سے تجاوز کرگئی ہے اوریہ بہت ہی خطرناک بات ہوگی کہ سپریم کورٹ اراکین پارلیمان کی اخلاقیات پر فیصلے دے۔‘
عاصمہ جہانگیر نے بی بی سی اردو ڈاٹ کام سے گفتگو کرتے ہوئے کہا کہ جس طریقے سے فیصلہ آیا اور مانیٹرنگ سیل بنائے گئے اور سارے اراکین پارلیمان کو ایک طرح سے وارننگ دی گئی کہ ان کے کردار کی چھان بین ہوسکے گی ’وہ سمجھتی ہیں کہ عدلیہ اپنے دائرے سے باہر نکلی ہے۔‘
انہوں نے کہا وہ اس بات کی توقع نہیں رکھتی تھیں کہ عدلیہ اب اس بات کی جانچ پڑتال شروع کردے گی کہ ممبران کے اخلاقیات کیا ہیں۔
عاصمہ جہانگیر نے کہا کہ اراکین اسمبلی تو الیکشن لڑ کر آتے ہیں لیکن جج تو اپنی ساکھ کی وجہ سے آتے ہیں اگر ممبران پارلیمان کے لیے معیار اتنا بلند کردیا جائے کہ کوئی اس پر پورا نہ اتر سکے تو پھر عدلیہ کا معیار تو اس سے بھی بہت بلند ہونا چاہیے۔
انسانی حقوق کمشن پاکستان کی سربراہ نے کہا کہ ’یہ جوڈیشل ایکٹوازم نہیں ہے بلکہ عدلیہ اپنی اتھارٹی کو بہت زیادہ آگے لے گئی ہے۔اب اس نے مانیٹرنگ سیل قائم کرنے کی بات کر دی ہے۔یہ بھی دیکھا جائے گا کہ کس میکنزم کے مطابق کام ہوگا۔‘
’عدلیہ کی سپرویژن تو ہوتی ہے لیکن مانیٹرنگ سیل ہم نے آج تک نہیں دیکھا کہ اس طریقے بنائے گئے ہوں۔‘
انہوں نے کہا کہ وہ سمجھتی ہیں کہ تقسیم اختیارات کا نظریہ متاثر ہوا ہے۔’عدلیہ کو اپنے رویے پر غور کرنا چاہیے اس کا اپنا ایک مقام ہے اور اسے اپنے اس مقام پر واپس چلے جانا چاہیے۔وہ کسی خاص معاملے یا کیس میں اپنی دلچسپی نہ دکھائے۔‘
’وہ انصاف ضرور کریں لیکن یہ مخصوص نہ ہو بلکہ مساویانہ انداز سے ہونا چاہیے کیونکہ یہ نہ صرف ملک کے لیےبلکہ خود ان کے لیے بھی اچھا نہیں ہوگا۔‘
ایک سوال کے جواب میں انہوں نے کہا کہ وہ اس فیصلے کے خلاف اسی صورت میں اپیل کرسکتی تھیں جب اس عدالت سے بڑی بھی کوئی عدالت ہوتی۔انہوں نے کہا کہ سپریم کورٹ کے سترہ رکنی بنچ نے ایسا فیصلہ سنا دیا ہے جس کی کہیں اپیل بھی نہیں ہوسکتی۔
’انسان آخر انسان ہوتا ہے اس سے غلطی ہوسکتی ہے اسی لیے اپیل کا حق رکھا جاتا ہے۔ یہ بھی سوچنے کی بات ہے کہ اتنے بڑے فیصلے کردیئے جائیں اور اس کی کہیں اپیل بھی نہ ہوسکے۔‘
انہوں کہا کہ وہ یہ نہیں کہتیں کہ عدلیہ فیصلے نہ دے لیکن جو بھی کرے بہت سوچ سمجھ کر کرے۔
عاصمہ جہانگیر نے کہا کہ اس سے کوئی انکار نہیں کرسکتا کہ جن لوگوں نے لوٹ مار کی ہے ان کے مقدمات عدالتوں میں چلنے چاہیے اور یوں اجتماعی معافی نہیں ہونی چاہیے لیکن عدلیہ نے جس انداز میں فیصلے کیے ہیں اس پر انہیں تحفظات ہیں۔
دریں اثناء انسانی حقوق کمشن آف پاکستان نے ایک بیان جاری کیا ہے جس میں بعض افراد کے بیرون ملک نقل وحرکت پر پابندی کو بنیادی حق کی خلاف ورزی قرار دیا ہے اور کہا ہے کہ کمشن کو اس بات پر پریشانی ہے کہ حکام نے ایگزٹ کنٹرول لسٹ آرڈیننس کا اطلاق کردیا ہے جسے کبھی بھی منصفانہ نہیں سمجھا گیا۔کمشن کی سربراہ عاصمہ جہانگیر نے کہاکہ پیشگی نوٹس اور مناسب وجوہات بیان کیے بغیر پابندی عائد کرنا اس بنیادی حق کی خلاف ورزی ہے جس کی ضمانت ملک کا آئین دیتا ہے۔انہوں نے کہا کہ جن لوگوں کے خلاف عدلیہ میں مقدمات چل رہے ہوں ان کے بیرون ملک سفر پر پابندی عائد کرنا ضروری نہیں ہے ان کے فرار کو روکنے کے لیے عدالت میں قانونی سطح پر یقین دہانی حاصل کی جاسکتی ہے۔انہوں نے کہا کہ ایگزٹ کنٹرول لسٹ کو ماضی میں سیاسی طور پر حراساں کرنے کے لیےاستعمال کیا جاتا رہا ہے اور اب ایگزٹ کنٹرول لسٹ کا عدالتی فیصلے کی آڑ میں من مانے طریقے سے استعمال کسی آفت سے کم نہیں سمجھا جائے گا۔انہوں نے کہا کہ قومی دولت لوٹنے والوں کے خلاف جو قانونی کارروائی کی جارہی ہے وہ کافی ہے، حکام کو بے جا غصے اور جوش میں آکر ایسے ناجائز اقدام نہیں کرنے چاہیے جنہیں وہ انصاف سمجھتے ہوں
http://www.bbc.co.uk/urdu/pakistan/2009/12/091219_hrcp_asma_as.shtml
Nawaz Sharif versus Supreme Court – a page from history
http://www.youtube.com/watch?v=11-s2argqyQ
Shaheen Sehbai [Jang Group] Invites Martial Law in Pakistan !
ang Group of Newspaper/The News International/GEO Television Network’s update 2355 PST, Monday, November 23, 2009 KARACHI: A ban has been imposed on airing of Geo News’ program ‘Meray Mutabiq’ from Dubai. According to sources, the high government officials of Pakistan exerting pressure on the Dubai government had the airing of the program stopped. Geo’s administration has said that this step of the government is tantamount to targeting the freedom of expression. It may be mentioned here that the senior analyst Dr. Shahid Masood was the anchor of ‘Meray Mutabiq’. REFERENCE: Geo’s program ‘Meray Mutabiq’ banned from Dubai Updated at: 2355 PST, Monday, November 23, 2009 http://www.thenews.com.pk/updates.asp?id=92070 Geo’s Program ‘Meray Mutabiq’ banned from Dubai Updated at: 0009 PST, Tuesday, November 24,2009 http://www.geo.tv/11-24-2009/53492.htm
Funny isn’t it that we saw the same “Meray Mutabiq” at 2300 hours dated 23-11-2009 by Dr Shahid Masood on the same GEO TV [Former Chief Executive of ARY One World TV, then Anchor Person GEO TV, then MD/Chairman of State run Pakistan Televison [appointed by Mr. Asif Ali Zardari – President of Pakistan] and then again the same GEO TV. Dr Shahid Masood and Jang Group of Newspapers often pull popular stunt to gain cheap popularity.[that is why Dr Shahid often write Urdu Columns because human memory is weak] One wonder which version of Shahid Masood and Jang are to be trusted? the one who started his career in ARY ONE World – Views on News, the one who used to exploit Pakistanis on Meray Mutabiq on GEO TV, or the one who joined PTV and Prime Minister Secretariat as the Advisor to PM or the one who again joined Jang Group of Newspapers and GEO TV’s Meray Mutabiq [AIK BAR PHIR – ONCE AGAIN] ‘revealing’ that he is dismantled by the government, I wonder after so many somersaults [for earning quick bucks], does even the inept PPP Government need a Zionist Conspiracy to dismantle this comedian, Dr Shahid Masood? One wonders that when Dr Shahid Masood knew everything bad about Asif Ali Zardari & Co then why did he join the PPP Cabinet, he also accepted the post of MD PTV and then again quit PTV and that too when his pay package was discussed [Watch the details of Dr Shahid’s fraud in the videos given in the link with the news filed by the very Jang Group on Dr Shahid Masood]in National Assembly and Senate he filed this story in The News International about Ansar Abbasi and rejoined GEO TV again. REFERENCE: EXPOSE’ ON DR. SHAHID MASOOD Jang Group VS Dr. Shahid Masood & ARY ONE World. http://chagataikhan.blogspot.com/2009/11/jang-group-vs-dr-shahid-masood-ary-one.html
Mr. Shaheen Sehbai, Group Editor, The News International, should have been ashamed of himself before quoting a wiretap/bug in his so-called analysis above, indeed it is shameful for an editor of one of the “leading” daily to quote Intelligence Agency Transcript. More shameful is that he is committing a treason [violating article 6 of 1973 Constitution of Pakistan] by inviting a Pakistan Army into politics. Read in his own words:
“QUOTE”
So then who should do it? After the politicians, in all fairness, it is the prime responsibility of the Pakistan Army, which under Gen Musharraf created this situation and which should now undo the wrongs that Musharraf perpetrated for years. When Musharraf decided to quit as Army chief, he did not, and could not, absolve the rest of the Army generals from the blame they must share. Just by walking away under the pretext of “neutrality” and protecting their ex-commander by giving him a Guard of Honour, as if he was leaving after performing tremendous feats for Pakistan, the generals who collaborated with Musharraf cannot get away from their national duty and responsibility to undo the wrongs.
But Gen Ashfaq Parvez Kayani has walked away from everything and the poor politicians, led by Asif Zardari and Mian Nawaz Sharif, have been left with the dirty task of sweeping the stables and washing the left over dirty linen. Still it would be a right thing if the Army decided to correct the situation even now, unless they do not want to take the heat to a point in a few months when the generals will be sucked in, walking in like saviours to save the situation, like it has been happening in the past. Honesty and sincerity demands that the present Army generals put in their bit to help correct the distortions left over by Musharraf. They are the ones with guns to implement decisions. This time their efforts would be in the interest of Pakistan, as against using that power to perpetrate the interests of one man, one general or one junta. I am prepared to offer the following sequence of steps that the Army must take before the politicians are handed over the full reins of the country, the presidency and the Prime Minister house included:
1) Since Gen Musharraf had imposed an emergency on Nov 3, as COAS, to suspend the Constitution, Gen Ashfaq Parvez Kayani should find a way to undo all that was wrongfully done. It is his responsibility.
2) Kayani should use his influence to restore the judges to the Nov 2 position, because Musharraf threw them out fearing a judgment against him and as the politicians would never be able to reach a consensus in view of their own insecurities and vulnerabilities. It is also a known fact that Gen Kayani did not appear in the Supreme Court to give testimony against the deposed chief justice when the Supreme Court was hearing the case before July 20, 2007. It has been reported, and not denied, that Kayani was against the sacking of Justice Iftikhar Chaudhry when he was ISI director-general.
3) He should get the NRO repealed to revert the white-washing of thousands of alleged criminals, mostly those who had struck deals with Musharraf, or whose support Musharraf needed to prolong his rule. These people should be made to face normal process of law and clear themselves, as Asif Ali Zardari had done in almost all of his cases. I still cannot figure out why he had to get himself tainted with the NRO when he had been cleared by the courts any way.
4) Kayani should cancel all the secret deals that Musharraf had made with politicians or foreign powers as these deals are not binding international agreements signed between governments. Gen Kayani or his Army is not supposed to be bound by them.
5) He should persuade others to set up a National Accountability Commission, with men of undisputed credibility, strength of character and certified competence so that all the corruption cases, past, present and future, are sent to it and anyone cleared by it is genuinely considered an honest and clean person. At present the NRO has cast more doubts on its beneficiaries than helping clear their image.
6) While all the politicians, bureaucrats and others are made to appear before this commission, Gen Musharraf must also be brought before it and made to face the charges, instead of providing him a blanket amnesty.
7) When Army power can be used to thrust a one man rule and perpetuate his interests, why can’t Army power be used to undo the wrongs for which the entire institution of the army is facing the blame and Kayani has been forced to push it into the background.
Let the power of the guns and barrels be used, for a change, in the interest of the nation and the people. It was in this piece that I had politely asked the Pakistan Army to play its role, from behind the scenes, to clean up the mess which General Musharraf had left at the doorstep of unprepared politicians. I had suggested that General Kayani should use his influence to restore the judges to the Nov 2 position. REFERENCES: How to clean up the bloody mess By Shaheen Sehbai Tuesday, September 02, 2008 News analysis http://www.thenews.com.pk/top_story_detail.asp?Id=16975 How to clean up the bloody mess-2 By Shaheen Sehbai Monday, November 23, 2009 News analysis http://thenews.jang.com.pk/top_story_detail.asp?Id=25733
“UNQUOTE”
Mr. Shaheen Sehbai/Jang Group of Newspapers have basically violated article 6 of 1973Constitution by inviting the Army in Politics.
As per 1973 Constitution of Islamic Republic of Pakistan
“QUOTE”
PART I
6. (1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.
(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.
(3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.
“UNQUOTE”
Mr. Shaheen Sehbai, Group Editor of The News International also forget as to what his own newspaper has been publishing about what type of negative impact “Army’s Influence” leave on Pakistan’s Politics. Let me give all of you a quote from Jang Group’s News filed one year ago.
“QUOTE”
ISLAMABAD: The main wheeler and dealer of the ISI during the 2002 elections, the then Maj-Gen Ehtesham Zamir, now retired, has come out of the closet and admitted his guilt of manipulating the 2002 elections, and has directly blamed Gen Musharraf for ordering so. Talking to The News, the head of the ISI’s political cell in 2002, admitted manipulating the last elections at the behest of President Musharraf and termed the defeat of the King’s party, the PML-Q, this time “a reaction of the unnatural dispensation (installed in 2002).” Zamir said the ISI together with the NAB was instrumental in pressing the lawmakers to join the pro-Musharraf camp to form the government to support his stay in power. Looking down back into the memory lane and recalling his blunders which, he admitted, had pushed the country back instead of taking it forward, Zamir feels ashamed of his role and conduct. Massively embarrassed because he was the one who negotiated, coerced and did all the dirty work, the retired Maj-Gen said he was not in a position to become a preacher now when his own past was tainted.
He said the country would not have faced such regression had the political management was not carried out by the ISI in 2002. But he also put some responsibility of the political disaster on the PML-Q as well. The former No: 2 of the ISI called for the closure of political cell in the agency, confessing that it was part of the problem due to its involvement in forging unnatural alliances, contrary to public wishes. Zamir’s blaming Musharraf for creating this unnatural alliance rings true as another former top associate of Musharraf, Lt-Gen (retd) Jamshed Gulzar Kiyani has already disclosed that majority of the corps commanders, in several meetings, had opposed Musharraf’s decision of patronising the leadership of the King’s party. “We had urged Musharraf many times during the corps commanders meeting that the PML-Q leadership was the most condemned and castigated personalities. They are the worst politicians who remained involved in co-operative scandals and writing off loans. But Musharraf never heard our advice,” Kiyani said while recalling discussions in their high profile meetings.
He said one of their colleagues, who was an accountability chief at that time, had sought permission many times for proceeding against the King’s party top leaders but was always denied. Kiyani asked Musharraf to quit, the sooner the better, as otherwise the country would be in a serious trouble. Ma-Gen (retd) Ehtesham Zamir termed the 2008 elections ‘fairer than 2002’. He said the reason behind their fairness is that there was relatively less interference of intelligence agencies this time as compared to the last time. But he stopped short of saying that there was zero interference in the 2008 polls. “You are quite right,” he said when asked to confirm about heavy penetration of ISI into political affairs during the 2002 elections. But he said he did not do it on his own but on the directives issued by the government. Asked who directed him from the government side and if there was somebody else, not President Musharraf, he said: “Obviously on the directives of President Musharraf.” Asked if he then never felt that he was committing a crime by manipulating political business at the cost of public wishes, he said: “Who should I have told except myself. Could I have asked Musharraf about this? I was a serving officer and I did what I was told to do. I never felt this need during the service to question anyone senior to me,” he said and added that he could not defend his acts now.
“It was for this reason that I have never tried to preach others what I did not practice. But I am of the view that the ISI’s political cell should be closed for good by revoking executive orders issued in 1975,” he said. Responding to a question regarding corruption cases that were used as pressure tactics on lawmakers, he said: “Yes! This tool was used, not only by the ISI. The NAB was also involved in this exercise.” Former corps commander of Rawalpindi, Lt-Gen (retd) Jamshed Gulzar Kiyani said majority of corps commanders had continued opposing Musharraf’s alliance with top leadership of the PML-Q. “Not just in one meeting, we opposed his alignment with these corrupt politicians in many meetings but who cared. Now Musharraf has been disgraced everywhere, thanks to his political cronies.” REFERENCE: The man, who rigged 2002 polls, spills the beans By Umar Cheema Sunday, February 24, 2008 http://www.thenews.com.pk/top_story_detail.asp?Id=13159
“UNQUOTE”
I am sure civil society of pakistan is ashamed of these judges now. They have proved themselves to be good Zia loyalists by giving strength to the constitutional amendments brought by him.
i do not like AAZ but these actions would result in him gaining sympathy of the civil society and the educated people of pakistan. they want judiciary to be independent and nonpartisan.
Mr. Shaheen Sehbai, Group Editor, The News International, should have been ashamed of himself before quoting a wiretap/bug in his so-called analysis above, indeed it is shameful for an editor of one of the “leading” daily to quote Intelligence Agency Transcript. More shameful is that he is committing a treason [violating article 6 of 1973 Constitution of Pakistan] by inviting a Pakistan Army into politics. Read in his own words:
“QUOTE”
So then who should do it? After the politicians, in all fairness, it is the prime responsibility of the Pakistan Army, which under Gen Musharraf created this situation and which should now undo the wrongs that Musharraf perpetrated for years. When Musharraf decided to quit as Army chief, he did not, and could not, absolve the rest of the Army generals from the blame they must share. Just by walking away under the pretext of “neutrality” and protecting their ex-commander by giving him a Guard of Honour, as if he was leaving after performing tremendous feats for Pakistan, the generals who collaborated with Musharraf cannot get away from their national duty and responsibility to undo the wrongs.
But Gen Ashfaq Parvez Kayani has walked away from everything and the poor politicians, led by Asif Zardari and Mian Nawaz Sharif, have been left with the dirty task of sweeping the stables and washing the left over dirty linen. Still it would be a right thing if the Army decided to correct the situation even now, unless they do not want to take the heat to a point in a few months when the generals will be sucked in, walking in like saviours to save the situation, like it has been happening in the past. Honesty and sincerity demands that the present Army generals put in their bit to help correct the distortions left over by Musharraf. They are the ones with guns to implement decisions. This time their efforts would be in the interest of Pakistan, as against using that power to perpetrate the interests of one man, one general or one junta. I am prepared to offer the following sequence of steps that the Army must take before the politicians are handed over the full reins of the country, the presidency and the Prime Minister house included:
1) Since Gen Musharraf had imposed an emergency on Nov 3, as COAS, to suspend the Constitution, Gen Ashfaq Parvez Kayani should find a way to undo all that was wrongfully done. It is his responsibility.
2) Kayani should use his influence to restore the judges to the Nov 2 position, because Musharraf threw them out fearing a judgment against him and as the politicians would never be able to reach a consensus in view of their own insecurities and vulnerabilities. It is also a known fact that Gen Kayani did not appear in the Supreme Court to give testimony against the deposed chief justice when the Supreme Court was hearing the case before July 20, 2007. It has been reported, and not denied, that Kayani was against the sacking of Justice Iftikhar Chaudhry when he was ISI director-general.
3) He should get the NRO repealed to revert the white-washing of thousands of alleged criminals, mostly those who had struck deals with Musharraf, or whose support Musharraf needed to prolong his rule. These people should be made to face normal process of law and clear themselves, as Asif Ali Zardari had done in almost all of his cases. I still cannot figure out why he had to get himself tainted with the NRO when he had been cleared by the courts any way.
4) Kayani should cancel all the secret deals that Musharraf had made with politicians or foreign powers as these deals are not binding international agreements signed between governments. Gen Kayani or his Army is not supposed to be bound by them.
5) He should persuade others to set up a National Accountability Commission, with men of undisputed credibility, strength of character and certified competence so that all the corruption cases, past, present and future, are sent to it and anyone cleared by it is genuinely considered an honest and clean person. At present the NRO has cast more doubts on its beneficiaries than helping clear their image.
6) While all the politicians, bureaucrats and others are made to appear before this commission, Gen Musharraf must also be brought before it and made to face the charges, instead of providing him a blanket amnesty.
7) When Army power can be used to thrust a one man rule and perpetuate his interests, why can’t Army power be used to undo the wrongs for which the entire institution of the army is facing the blame and Kayani has been forced to push it into the background.
Let the power of the guns and barrels be used, for a change, in the interest of the nation and the people. It was in this piece that I had politely asked the Pakistan Army to play its role, from behind the scenes, to clean up the mess which General Musharraf had left at the doorstep of unprepared politicians. I had suggested that General Kayani should use his influence to restore the judges to the Nov 2 position. REFERENCES: How to clean up the bloody mess By Shaheen Sehbai Tuesday, September 02, 2008 News analysis http://www.thenews.com.pk/top_story_detail.asp?Id=16975 How to clean up the bloody mess-2 By Shaheen Sehbai Monday, November 23, 2009 News analysis http://thenews.jang.com.pk/top_story_detail.asp?Id=25733
“UNQUOTE”
Mr. Shaheen Sehbai/Jang Group of Newspapers have basically violated article 6 of 1973Constitution by inviting the Army in Politics.
As per 1973 Constitution of Islamic Republic of Pakistan
“QUOTE”
PART I
6. (1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.
(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.
(3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.
“UNQUOTE”
Mr. Shaheen Sehbai, Group Editor of The News International also forget as to what his own newspaper has been publishing about what type of negative impact “Army’s Influence” leave on Pakistan’s Politics. Let me give all of you a quote from Jang Group’s News filed one year ago.
“QUOTE”
ISLAMABAD: The main wheeler and dealer of the ISI during the 2002 elections, the then Maj-Gen Ehtesham Zamir, now retired, has come out of the closet and admitted his guilt of manipulating the 2002 elections, and has directly blamed Gen Musharraf for ordering so. Talking to The News, the head of the ISI’s political cell in 2002, admitted manipulating the last elections at the behest of President Musharraf and termed the defeat of the King’s party, the PML-Q, this time “a reaction of the unnatural dispensation (installed in 2002).” Zamir said the ISI together with the NAB was instrumental in pressing the lawmakers to join the pro-Musharraf camp to form the government to support his stay in power. Looking down back into the memory lane and recalling his blunders which, he admitted, had pushed the country back instead of taking it forward, Zamir feels ashamed of his role and conduct. Massively embarrassed because he was the one who negotiated, coerced and did all the dirty work, the retired Maj-Gen said he was not in a position to become a preacher now when his own past was tainted.
He said the country would not have faced such regression had the political management was not carried out by the ISI in 2002. But he also put some responsibility of the political disaster on the PML-Q as well. The former No: 2 of the ISI called for the closure of political cell in the agency, confessing that it was part of the problem due to its involvement in forging unnatural alliances, contrary to public wishes. Zamir’s blaming Musharraf for creating this unnatural alliance rings true as another former top associate of Musharraf, Lt-Gen (retd) Jamshed Gulzar Kiyani has already disclosed that majority of the corps commanders, in several meetings, had opposed Musharraf’s decision of patronising the leadership of the King’s party. “We had urged Musharraf many times during the corps commanders meeting that the PML-Q leadership was the most condemned and castigated personalities. They are the worst politicians who remained involved in co-operative scandals and writing off loans. But Musharraf never heard our advice,” Kiyani said while recalling discussions in their high profile meetings.
He said one of their colleagues, who was an accountability chief at that time, had sought permission many times for proceeding against the King’s party top leaders but was always denied. Kiyani asked Musharraf to quit, the sooner the better, as otherwise the country would be in a serious trouble. Ma-Gen (retd) Ehtesham Zamir termed the 2008 elections ‘fairer than 2002’. He said the reason behind their fairness is that there was relatively less interference of intelligence agencies this time as compared to the last time. But he stopped short of saying that there was zero interference in the 2008 polls. “You are quite right,” he said when asked to confirm about heavy penetration of ISI into political affairs during the 2002 elections. But he said he did not do it on his own but on the directives issued by the government. Asked who directed him from the government side and if there was somebody else, not President Musharraf, he said: “Obviously on the directives of President Musharraf.” Asked if he then never felt that he was committing a crime by manipulating political business at the cost of public wishes, he said: “Who should I have told except myself. Could I have asked Musharraf about this? I was a serving officer and I did what I was told to do. I never felt this need during the service to question anyone senior to me,” he said and added that he could not defend his acts now.
“It was for this reason that I have never tried to preach others what I did not practice. But I am of the view that the ISI’s political cell should be closed for good by revoking executive orders issued in 1975,” he said. Responding to a question regarding corruption cases that were used as pressure tactics on lawmakers, he said: “Yes! This tool was used, not only by the ISI. The NAB was also involved in this exercise.” Former corps commander of Rawalpindi, Lt-Gen (retd) Jamshed Gulzar Kiyani said majority of corps commanders had continued opposing Musharraf’s alliance with top leadership of the PML-Q. “Not just in one meeting, we opposed his alignment with these corrupt politicians in many meetings but who cared. Now Musharraf has been disgraced everywhere, thanks to his political cronies.” REFERENCE: The man, who rigged 2002 polls, spills the beans By Umar Cheema Sunday, February 24, 2008 http://www.thenews.com.pk/top_story_detail.asp?Id=13159
“UNQUOTE”
Wise decision by the PPP leadership. We must not give in to the illegitimate pressure by the anti-democracy Mafia in Pakistani establishment:
PPP to fight ‘plots’ against mandate
By Amir Wasim
Sunday, 20 Dec, 2009
ISLAMABAD: The Pakistan People’s Party resolved on Saturday to fight back against forces trying to undermine its authority or right to govern the country, but consciously decided not to enter into any confrontation with the judiciary and agreed to contest corruption cases against its co-chairman Asif Ali Zardari and other senior members, which stood revived after the Supreme Court verdict declaring the NRO as unconstitutional.
Although the mood of some of the members during a meeting of PPP’s central executive committee at the President’s House was visibly defiant, and a couple of them accused other centres of power of trying to undermine the elected government, better sense prevailed after a number of senior leaders advised against politics of confrontation.
President Asif Zardari, who chaired the meeting, was harsh in his criticism of the forces which, according to him, had never accepted democracy or the people’s verdict in favour of the PPP.
But he avoided any direct criticism of the Supreme Court or its anti-NRO verdict, or even the army and main opposition parties.
Four resolutions were passed in the meeting. Through one resolution, the PPP called for reopening of the Mehran Bank scandal and similar scams.
Other resolutions sought action against those who had got their loans written off and recovery of “money embezzled in the name of privatisation”.
The consensus was that none of the ministers facing corruption charges after the revival of pre-NRO cases would resign and instead fight back by contesting the charges in courts.
The demand made by some members that the NRO-tainted ministers should resign was rejected by the PPP co-chairman: “The PPP will not be blackmailed into asking its ministers to resign merely on the basis of accusation against them. There is no reason why any one should resign until proved guilty of wrongdoing,” Mr Zardari said at the end of the seven-hour-long meeting.
The meeting was convened to discuss the fallout of the Supreme Court verdict on the National Reconciliation Ordinance.
According to an official announcement, President Zardari said the PPP would use democracy and constitutionalism as its weapons to fight “adversaries and foil all conspiracies”.
Farhatullah Babar, the president’s spokesman, said the CEC had not only reposed full confidence in President Zardari’s leadership but also vowed to “rally around him at a time when he is the target of criticism and political attacks from all around and to put up a fierce fight in his defence”.
Mr Zardari said the party had survived even the “judicial murder” of its founder chairman and the country’s first prime minister, Zulfikar Ali Bhutto, recalling that a judge had even admitted in interviews that Mr Bhutto was wronged.
He said the party had also survived the assassination of its chairperson Benazir Bhutto two years ago.
“We have faced many challenges in the past and are ready to face even more challenges in the future, but we will not abandon the fight nor run away from the field.”
The president said he foresaw many more conspiracies and onslaughts against the PPP, but no conspiracy would succeed.
Without naming, he said: “Individuals in some institutions may have wronged the PPP, but we will not harm the institution to avenge wrongdoings by any of its member.”
Sources told Dawn that PPP stalwart and a former president of the Supreme Court Bar Association, Chaudhry Aitzaz Ahsan, who attended the CEC meeting for the first time since restoration of judges in March, advised the party leadership to avoid confrontation with the judiciary because this could prove detrimental for the government as well as the party.
http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/04-ppp-cec-meets-qs-09
Dawn Editorial: CEC meeting
Sunday, 20 Dec, 2009
The PPP’s Central Executive Committee has pronounced its verdict: the party’s NRO beneficiaries are to fight their cases in the courts and the party leadership stands behind its co-chairman, President Zardari. What next? No one can be sure. The country’s politics is once again entering uncharted waters, with a possible confrontation between the judiciary and the political leadership of the executive looming. At this stage, all we can do is concentrate on the knowns.
First, the PPP has done the right thing: the party’s leaders will now get a chance to prove in a court of law that the cases against them are ‘politically motivated’ and without substance, a stance they have consistently taken, pre- and post-NRO. Seeking justice is not, and should not be viewed, as a sign of weakness. Politics can always be fought in the court of public opinion, but legal issues ultimately must be settled in a court of law.
Next, the process that awaits the erstwhile NRO beneficiaries in the courts. As the dust begins to settle after the Supreme Court’s short order on Wednesday, some very reasonable and sensible voices are beginning to be heard asking questions of great import. When the spectre of corruption is raised, few in the media and civil society appear to have time to ponder seemingly arcane and complicated issues such as the separation of powers and the constitutional roles of the judiciary and the executive. Within a strong democratic and constitutional framework, however, the ends, no matter how desirable, do not automatically justify the means. Who is ‘corrupt’ and who is a ‘criminal’ needs to be determined in a deliberate, transparent and fair legal manner in which zealotry and populist crusades should play no part.
The judge and the prosecutor cannot overlap, due process must be adhered to, and justice — to the defendants, too — must be seen to be done. Everyone is no doubt equal before the law and no special favours should be accorded, but when the defendants include some of the country’s most high-profile leaders and the cases in question are the subject of intense scrutiny, the courts must remain aware that it is also their reputation that is at stake.
Thankfully, it appears that for now the early fears of a ‘quick fix’ solution have been avoided. The PPP, however, must not squander the little space it has got to play with. Away from its new legal woes, big challenges remain on the political front. Parliament has as yet not finalised the constitutional amendment that all sides claim they want but the PPP has not yet been able to deliver on. With political uncertainty swirling in the air, now may be the time for the PPP to make a ‘grand gesture’ and recover some of its lost political ground — that is, if it has left what it will take.
http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/19-cec-meeting-hh-01
Post-judgement politics —Dr Hasan-Askari Rizvi
If the post-judgement political situation degenerates into a conflict between the PPP-led government and the opposition spearheaded by the PML-N, Pakistan can return to a highly dangerous internal confrontation. Such a state of affairs will turn the whole effort to check corruption and misuse of state authority into a head-on collision between the government and the opposition
Most political circles are celebrating the Supreme Court judgement on the NRO without realising that it is yet another example of the civilian-political government finding its political future in jeopardy because of extra-parliamentary developments. If the military is not the key player this time, the superior judiciary has relied on its constitutional powers to deny the moral basis to the civilian government, which could be the beginning of the end of the present political arrangements. Parliament is marginal to determining the future of the government or at least that of President Asif Ali Zardari.
The optimists are happy that the judgement would eliminate corruption in the higher echelons and improve governance. Others want to avail the judgement to pursue their partisan agenda of getting rid of the PPP-led government and demand mid-term elections. Still others have a focused agenda of getting rid of President Zardari which, in their view, would weaken the overall political disposition of the PPP.
If the political leaders and societal elite want this judgement to stimulate efforts to eliminate corruption, nepotism, partisan use of state apparatus and resources and mal-administration, they will have to adopt an issue-oriented, non-discriminatory and comprehensive approach.
The need to focus on these issues in a non-discriminatory manner rather than focusing on some individuals who happen to be in power is more important. The record shows that 8,041 individuals benefited from the NRO but the political leaders and the media are focusing on 12 to 14 people belonging to the PPP. Amongst them the focus is on Zardari. If the PML-N, Jamaat-e-Islami, the PML-Q and some other opposition parties turn it into a single-issue — “get Zardari” campaign — the spirit and purpose of the judgement will be compromised.
The major responsibility for keeping the spirit of the judgement above partisan interests is on the PML-N, a major party in the opposition. If its leaders adopt the anti-government campaign strategies similar to those adopted for the Kerry-Lugar bill and the trial of Pervez Musharraf, tension and conflict will escalate, adversely affecting the prospects of democracy. Some of the key PML-N leaders want to launch another major onslaught against Zardari and the PPP but Nawaz Sharif is expected to moderate his party’s hardliners.
The PML-N being a predominantly Punjab-based political party needs to play its cards carefully and focus on the issue of corruption and all people whose cases are being reopened rather than make it a kind of crusade against one or a few people belonging to the PPP.
A comprehensive and non-discriminatory approach to accountability calls for paying attention to four more issues. First, it is well known that political leaders were involved in false cases. Therefore, it is important that the cases are settled expeditiously by the courts. In the past, these cases were kept pending in order to pressure the political leaders. The expeditious handling of the cases will settle if the case is genuine or false.
Second, accountability has to be non-discriminatory and comprehensive. It should not be limited to the political leaders only. The bureaucracy and the military should also be covered by transparent and judicious accountability. These two institutions often provide some legal cover to their perks and privileges so that they are not accused of corruption. There has to be a judicial scrutiny of their perks and privileges, especially allotment of urban and agricultural land. It is important to look into the involvement of serving military officers and military institutions in business and commercial activities, especially real estate development, which is beyond the purview of parliament.
Third, there is a need for judicial review of bank loan write-offs for influential people. The banking system provides for writing off some bad debts. However, this provision is misused to write off huge loans of influential and connected people or business groups. All such cases should be subjected to judicial checks to know if the write-off was done on merit.
Fourth, in the past influential business people used their political clout to obtain SRO circulars from the CBR (now FBR) to affect customs and related duties for their import business. All this record needs to be scrutinised to know who benefited at the expense of the state.
If the post-judgement political situation degenerates into a conflict between the PPP-led government and the opposition spearheaded by the PML-N, Pakistan can return to a highly dangerous internal confrontation. Such a state of affairs will turn the whole effort to check corruption and misuse of state authority into a head-on collision between the government and the opposition, which will further weaken the political forces and shift the initiative to the military.
If the PML-N and other opposition parties need to show restraint in addressing the post-judgement issues, the government and especially Zardari have to display patience and political maturity. Any overreaction will be counter-productive
The key issue that the presidency and the PPP need to consider is how has Zardari’s political standing declined in one year when he was elected president with an impressive mandate in September 2008? The presidency treated the opposition in an abrasive manner and refused to honour the commitments made before and immediately after getting elected.
The PPP needs to adopt a couple of steps to neutralise the possible opposition onslaught against the backdrop of the judgement. The constitutional and administrative changes based on the Charter of Democracy (CoD) should be carried out at the earliest. The PPP’s decision to delay the constitutional amendments alienated the PML-N, which now looks for any opportunity to even scores with the government. No functional relations can be cultivated with the PML-N without constitutional amendments.
The growing alienation of the people from the government cannot be checked without improving governance aimed at the welfare of the people. The recent decision to reduce extravagant expenditure on the people in key positions in the government is a positive move that needs to be implemented. The people should see that the government has cut back on its expenditure.
The improvement in governance calls for reviewing failures so as to avoid their repetition. The federal minister for power made repeated commitments since he assumed office that load shedding would come to an end on December 31, 2009. The deadline is approaching and there are no signs of power shortages coming to an end. Does the government believe in penalties for its members who make promises without doing necessary homework and then fail to deliver?
Another major government failure is the sugar crisis. After several months of extreme shortages of sugar and official hue and cry for price control, sugar is now available at the price the sugar mill owners had first offered. This shows that the government is helpless in front of powerful economic and political cartels.
The government needs to improve its interaction with the party and society, which is not possible without improving its performance. Similarly, the government and the opposition should not engage in a free-for-all effort to outmanoeuvre each other in the post-judgement period. This will make it extremely difficult for them to overcome political incoherence and strengthen parliament. They will continue to face increased pressures from the state institutions.
Dr Hasan-Askari Rizvi is a political and defence analyst
http://dailytimes.com.pk/default.asp?page=2009\12\20\story_20-12-2009_pg3_2