PML-N Wins again – in court only! by Ahmed Iqbalabadi
What a great day for the real revolutionaries of Pakistan. Chaudhry Nisar’s petition against the appointment of Justice Deedar Shah was accepted and the Supreme Court ruling the appointment as illegal. The bench that delivered the victory for Chaudhry Nisar and PML-N included Justices Javed Iqbal, Raja Fayyaz Ahmed and Asif Saeed Khan Khosa. Without going into details, it seems that the verdict is based on technicalities and lacunae in the appointment of Justice Deedar.
Chaudhry Nisar was represented by his party’s and Jang Group’s unofficial legal representative, Akram Sheikh Advocate. The only issue for them is that Justice Deedar was a member of the PPP having been an elected member of the Sindh Assembly twice. Off course what they fail to realize that after being an MPA, Justice Deedar Shah became a judge of the High Court and then Supreme Court.
This is yet another victory delivered to the PML-N by the courts. Their previous victories include:
- Shahbaz Sharif’s government being run on a stay order for more than 2 and half years delivered by the Lahore High Court
- Carbon Tax being declared illegal after having been approved by the National Assembly in the 2009-10 Federal Budget. The case was filed by Senator Zafar Ali Shah Advocate
- The verdict on 18th Amendment in which Shahbaz Sharif was a co-petitioner.
I am sure; the PML-N realizes what its real power base is. That is why their revolutionary Shahbaz Sharif demands for inclusion of Army and Judiciary in an all parties conference to steer the country out of troubles.
PML-N should leave electoral politics and work hard on winning bar elections. Wish them all the best in further subverting democratic and parliamentary processes.
Supreme Court asks NAB chief Deedar Shah to pack up
By Nasir Iqbal
Dawn, March 11, 2011
ISLAMABAD, March 10: The Supreme Court has ruled the appointment of Justice (retd) Syed Deedar Hussain Shah as chairman of the National Accountability Bureau (NAB) illegal, accepting a challenge from the PMLN. The court ordered Justice (retd) Shah to immediately relinquish the office.
The verdict by a threejudge bench, whose detailed reasons the court said would be issued later, required the incumbent, a former judge of the Supreme Court, to immediately leave the office he assumed five months ago after another legal row in which the court had ordered the removal of his predecessor.
The ruling on two constitutional petitions, one of them by Leader of the Opposition in National Assembly Chaudhry Nisar Ali Khan, is being interpreted here as a blow to the government which had made some last-minute moves apparently to remove some perceived gaps in the appointment.
It came only six days after the apex court had overturned a parliamentary committee decision rejecting the grant of extension to six additional judges of the Lahore and Sindh High Courts recommended by the judicial commission.
Justice (retd) Deedar Shah was appointed NAB chief on Oct 8 last year after his predecessor Nawid Ahsan was removed under a Dec 16, 2009, Supreme Court ruling that held the controversial National Reconciliation Ordinance (NRO) as unconstitutional, ordered the government to revive all cases withdrawn under the ordinance and expressed displeasure over the perceived lack of proper and honest assistance and suggested the appoint ment of a new chairman.
“For reasons to be recorded separately, these petitions are accepted and the appointment of Justice (retd) Syed Deedar Hussain Shah as chairman, National Accountability Bureau (NAB), is hereby declared as illegal and ultra vires (of the Constitution) and he shall cease to hold the said office forthwith,” said the order of the bench comprising justices Javed Iqbal, Raja Fayyaz Ahmed and Asif Saeed Khan Khosa.
Chaudhry Nisar had challenged the appointment on the ground that Prime Minister Yousuf Raza Gilani had not met the constitutional requirement of holding consultations with him. The government said the consultation had been done and the appointment was made after the opposition leader had rejected an earlier nominee.
The second petitioner, Shahid Orakzai, argued that the appointment had been made by the president without meeting the constitutional requirement of a prime ministerial advice — an apparent lacuna the government appeared to have tried to remove when its senior counsel, Abdul Hafeez Pirzada, informed the court on Feb 10 of a modified notification issued the previous day announcing reappointment of Justice (retd) Shah by the president on the advice of the prime minister.
Advocate Mohammad Akram Sheikh, representing Chaudhry Nisar, argued that the government was assuming the appointment as valid by removing a single defect without looking into other alleged defects which he said had crept into it.
He also prayed to the court to lay down guidelines for such appointments.
The counsel alleged that Justice (retd) Shah was known to have been associated with the PPP for a long time and he actively participated in party politics, twice serving as a member of the Sindh Assembly.
On the other hand, Mr Pirzada argued that the appointment did not infringe upon the fundamental rights of any individual and, therefore, the case should not be treated under fundamental rights.
The issue regarding the right to life could not be extended to an appointment of this nature which, he pleaded, also did not deny the legitimate expectations of other aspirants.
During the proceedings, Justice Asif Khosa observed that the issue related to rights of thousands of people concerned with NAB cases and questioned how the government could adjust the four months of service of Justice (retd) Shah after withdrawing the first notification about his appointment.
The government counsel replied that if the court held the first notification as illegal, the second would hold ground.
There is no doubt that the establishment of Pakistan is against PPP, this is the new face of it in the form of judiciary because the people of Pakistan had realized the military and civil establishment involvement in politics. Judiciary is openly against PPP since the judicial murder of Z.A. Bhutto and the partner of establishment against the people of Pakistan.
Chaudhry Nisar Ali Khan on Altaf Hussain & MQM.
http://www.youtube.com/watch?v=0oASxnC30y8
Haider Abbas Rizvi (MQM) Exposes Nawaz Sharif & PML – Nawaz. http://www.youtube.com/watch?v=F5Ju1Z2_Ulo&feature=related
Wasim Akhtar (MQM) Exposes Nawaz Sharif & PML – Nawaz.
http://www.youtube.com/watch?v=FKnb8xy-2yY&feature=related
Ullu Ka Patha PML N Zaeem Qadri Character Exposed ! What Mustafa Kamal said becomes True ! http://www.youtube.com/watch?v=3D5bJQ1vxgY
Once Again MQM Haider Abbas Rizvi Lashed out the hypocrisy of PML N and Ahsan Iqbal. http://www.youtube.com/watch?v=_DY6_2bMG2c&feature=related
Historic Embarresment Faced By Khawaja Asif(PML-N) http://www.youtube.com/watch?v=hVxMfR-NwLU&feature=related
Khawaja Asif Funny Comments on MQM Politics http://www.youtube.com/watch?v=WNo6eSoOHjY&feature=related
Khuawaja Asif PML-N Gets Free Education By The Darling Of Pakistan http://www.youtube.com/watch?v=LRQgXDMZrL4&feature=related
Imran Khan & Haroon Rasheed Gets Free Education ٹھیک ٹھاک درگت http://www.youtube.com/watch?v=rlVbh_JCdww&feature=related
Haider Abbas Rizvi (MQM) Rebuttal to Chaudhry Nisar Ali Khan (PML – N) – Part 1 http://www.youtube.com/watch?v=i6XuNg2XduE
Haider Abbas Rizvi (MQM) Rebuttal to Chaudhry Nisar Ali Khan (PML – N) – Part 2 http://www.youtube.com/watch?v=hFPJgYIj95c&feature=related
Haider Abbas Rizvi (MQM) Rebuttal to Chaudhry Nisar Ali Khan (PML – N) – Part 3 http://www.youtube.com/watch?v=BPwC4dJ2FNU&feature=related
Haider Abbas Rizvi (MQM) Rebuttal to Chaudhry Nisar Ali Khan (PML – N) – Part 4 http://www.youtube.com/watch?v=Mv7sLg1rjVE&feature=related
Brigadier (R) Imtiaz Exposes Mehran Bank Scandal, IJI & Operation Cleanup 1992 Part 1 http://www.youtube.com/watch?v=jVCNVHjndFM
Brigadier (R) Imtiaz Exposes Mehran Bank Scandal, IJI & Operation Cleanup 1992 Part 2 http://www.youtube.com/watch?v=vy1AU_fyLUo&feature=related
Brigadier (R) Imtiaz Exposes Mehran Bank Scandal, IJI & Operation Cleanup 1992 Part 3 http://www.youtube.com/watch?v=xfzwMzjZAaI&feature=related
Brigadier (R) Imtiaz Exposes Mehran Bank Scandal, IJI & Operation Cleanup 1992 Part 4 http://www.youtube.com/watch?v=Q-McCRodOr0&feature=related
Nawaz Sharif became leader through ISI platform: General Hamid Gul http://www.youtube.com/watch?v=Aot8ewjy3VQ
Mian Mohd Nawaz Sharif was Investment By ISI Said Hameed Gul on JawabDeh Special Report http://www.youtube.com/watch?v=TRyWA5LD0LM
What Chaudhry Nisar Khan has to say about this?
Kamran Khan Exposes Pakistan Army Corruption (26 Aug 2009) – Part – 1 http://www.youtube.com/watch?v=Tz8mZ4941Nc
Kamran Khan Exposes Pakistan Army Corruption (26 Aug 2009) – Part – 2 http://www.youtube.com/watch?v=cuObd2mh_9g&feature=related
Please “don’t attack Punjab” – Shahbaz Sharif – what does this imply?
http://express.com.pk/epaper/PoPupwindow.aspx?newsID=1100882611&Issue=NP_KHI&Date=20100315
http://4.bp.blogspot.com/_3fxwXTrBKiA/S54JXY7Cx6I/AAAAAAAAAYo/afnJn2qI4ZM/s1600-h/01.jpg
CM Punjab Shahbaz asks Taliban not to attack Punjab
Says Zardari should not address parliament until 17th Amendment scrapped Monday March 15, 2010 (1117 PST)
http://www.paktribune.com/news/index.shtml?225526
LAHORE: Speaking at the annual seminar in the memory of Maulana Mufti Muhammad Hussain Naeemi at Jamia Naeemia, CM Punjab Chief Minister Shahbaz Sharif on Sunday asked the Taliban not to target the Punjab as the provincial government would not take dictation from outsiders.
He said that extremism and terrorism were the consequences of wrong policies of a dictator, General Pervez Musharraf, for which the country was paying a heavy price. He said the dictator enacted a bloodbath of innocent Muslims at the behest of others only to prolong his rule. He asked the Taliban not to target the Punjab as his government would not take dictation from outsiders.
He said that Ulema would have to play a leading role in promotion of unity, harmony and brotherhood in the country as well as to finding a way out of the existing crises. He said that there was a need for collectiveefforts to counter the challenges faced by the country.
He said the PML-N strongly opposed an accountability bill aimed at concealing corruption. He said that though two years had passed, parliament had not been able to abolish the 17th Amendment and promises had not been honoured. He said parliament, however, should be given a chance to work.
The CM said PML-N Quaid Nawaz Sharif had also advised President Asif Ali Zardari not to address the joint session of parliament until the 17th amendment was scrapped.
Lauding the intellectual and religious services of Mufti Muhammad Hussain Naeemi, the CM said that he was an institution unto himself besides being an epitome of honesty and truth who dedicated all his energies for the service of Islam and propagation of its teachings. He said that Mufti Naeemi was a strong advocate of “Ittehad-e-Bainul Muslimeen” and strived for promotion of unity and cohesion between followers of all schools of thought throughout his life. He said that Shaheed Dr Sarfraz Hussain Naeemi also followed in the footsteps of his father and dedicated his life to forward his mission. He said that no effort would be spared for apprehending murderers of Dr Sarfraz.
Earlier, Mohtamim Jamia Naeemia, Dr Raghib Hussain Naeemi, in his welcome address highlighted the religious services of the institution. Meanwhile, various resolutions were also passed unanimously during the seminar.
The resolutions condemning the subversive acts perpetrated by banned religious outfits in Faisalabad and Dera Ismail Khan on Eid Miladun Nabi as well as prejudiced remarks of DPO Okara on Eid Miladun Nabi were passed unanimously.
Similarly, a resolution condemning the publication of blasphemous caricatures, banning the construction of mosques’ minarets and wearing of scarves by Muslim women in the European countries were also passed.
A resolution appreciating the federal government’s decision to award Tamgha-e-Shujaat to Dr Sarfraz Naeemi Shaheed and financial assistance given to the victims of June 12 tragedy at Jamia Naeemia was also passed.
End.
CJ should also take action on this petition of Shahid Orakzai!!!!
Plea to put Saif’s name on ECL Bureau Report DAWN WIRE SERVICE Week Ending: 07 July 2001 Issue : 07/27
http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/jul0701.html#plea
PESHAWAR, July 5: An application was filed in the Peshawar High Court requesting the court to place the name of former senator Saifur Rehman on Exit Control List as a deal had reportedly been struck between him and the government to allow him to leave for Qatar.
The application was filed in a writ petition filed by a journalist Shahid Orakzai, requesting the court to issue directives for bringing back former Prime Minister Nawaz Sharif and his brother Shehbaz Sharif as, according to his claim, they were involved in the killing of his brother. In his application, Mr Orakzai claimed that in the writ petition the high court had already issued notices to the federal and provincial governments on June 27 and had thereby invited their comments within 14 days. He stated that in the meanwhile the federal government had reportedly struck a deal with Saifur Rehman through NAB to allow him an exit from Pakistan to the State of Qatar.
The applicant claimed that like the ex-prime minister, what the ex-senator is being made to pay in the plea-bargain is just peanuts. The applicant added that the Crimes Branch Police, conducting investigation “at a snail’s pace” was “too shy” to arrest the nominated killer of his brother because of his connections in the
federal government hierarchy. He added that if allowed an exit from Pakistan, the accused could not be retrieved like former prime minister Nawaz Sharif and former chief minister of Punjab, Shehbaz Sharif, since he would not be under the control of the federal government and no other sovereign state would guarantee his movement. The applicant, Shahid Orakzai, has also requested the court to put the name of former member of National Assembly, Javed Piracha on the Exit Control List.
CJ should also take action on this petition of Shahid Orakzai!!!!
Appellant banned from entering court: SC storming case hearing Rafaqat Ali DAWN WIRE SERVICE Week Ending : 16 September 2000 Issue:06/35 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/sep16.html#appe
ISLAMABAD, Sept 14: A five-member Supreme Court bench, on Thursday stopped appellant Shahid Orakzai from entering the court premises for a period of one month, or till the conclusion of the hearings, so as to avoid any obstruction in the ongoing proceedings of the apex court storming case.
The order was passed by the five-judge bench, headed by Chief Justice Irshad Hasan Khan, and comprising Mr Justice Bashir Hassan Jehangiri, Mr Justice Sh. Riaz, Mr Justice Ch. Muhammad Arif and Mr Justice Munir A. Sheikh. The bench is hearing an appeal, filed by Mr Orakzai, a journalist,
over the decision of a three-judge bench. The case was started when leaders and workers of Pakistan Muslim League allegedly attacked the Supreme Court building, where a bench headed by then Chief
Justice Sajjad Ali Shah, was hearing a contempt of court case against the then prime minister Nawaz Sharif. On Thursday, Attorney General Aziz A. Munshi stated that an earlier conclusion drawn up by a three-member bench of the SC needed to be reviewed. He had been asked by the court on Wednesday to give his opinion, on whether the conclusions drawn by the three-member bench of the SC on the same issue were correct, or were based on misleading evidence.
The AG stated that people identified by witnesses in their statements, should have been asked to explain the purpose of their visit to the court on November 28,1998. He said that Saifur Rehman, former chairman of the Ehtesab Bureau was seen by many witnesses, but the court did not issue him a show
cause notice. Similarly, Tahir Khaili, political secretary to the then prime minister, was also identified by the witnesses, but he too was not summoned. He suggested that the people who were identified, but were not issued show cause notice, should be asked to explain the purpose of their visit.
The AG also submitted a synopsis of the incriminating evidence. After reading the synopsis, the AG said that the court, which had came to the conclusion that grossest contempt of court had been committed, should have tried the people for the offence. The CJ, however, did not agree with the proposal that more witnesses should be summoned, and asked the attorney general to confine himself to the existing respondents. The AG read out from the evidence that Saifur Rehman was spotted in the Supreme Court building along with his supporters. The AG requested the court to allow DAG, Tanveer Bashir Ansari to read out the evidence.
The DAG read out the statement of Zahid Hussain, journalist, Altaf Bhatti, and Fakhr-ur-Rehman. After reading the evidence, the DAG requested the court to summon witnesses like Saifur Rehman and
Mushtaq Tahir Khaili. When the DAG said that it was a case of contempt of court at the face of the court, the CJ said it was not like that. The CJ further said that Justice Sajjad Ali Shah was right in saying that slogans against the judiciary were tantamount to contempt of court. In his concluding remarks, Aziz A. Munshi said that his anxiety as prosecutor was to point out the lacunas in the earlier judgment of the court. He said that he was not making a request for summoning more witness to settle his personal scores, but was doing so for upholding the dignity of the court.
When the court invited Shahid Orakzai to address the court for ten minutes, Mohammad Ali Sayeed, counsel for Pakistan Muslim League, said that Orakzai had no right to address the court. He said Mr Orakzai had himself committed grossest contempt of court. When Shahid Orakzai was finally allowed by the court, he was told that whatever he wanted to say, he should say in ten minutes. Mr Orakzai said that he should be told in plain words what the court wanted to do with him. The CJ explained that the AG, prosecutor in the case, had concluded his arguments. Shahid Orakzai asked the court to grant him time as he wanted to consider the option of withdrawing his appeal. When the court asked him to sit down, Mr Orakzai said that there was no question of sitting down in the court room. In the same case, the SC bench in which the sitting CJ was member, had allowed him to speak for two days, he stated.
The court explained that under the contempt laws, if contempt of court was pointed out by somebody and the court took cognizance of that, then it was between the court and the contemner. Shahid Orakazi said that nobody, even the court, was above the law and he was guaranteed equal treatment under the constitution. At this the court invited the attorney general and asked him to ensure that he be prevented in future from obstructing the proceedings of the case. The court rose about twenty minutes before the scheduled time, and announced that it would like to see the video film made on the closed circuit TV system. After one hour, the court announced the order which is as follows:
“The learned Attorney General for Pakistan has concluded his arguments in the titled appeal. In order to give the hearing to Mr Shahid Orakzai, who had moved an application against the impugned order of a three-member bench of this court and which application had been turned into an appeal, he was allowed to address the court for ten minutes. He rose from his seat and took the rostrum. He started with irrelevant matters. He was stopped to refer to any such matter which has no nexus with the determination of the point involved. He became enraged and started misbehaving. It is not the first time that he has behaved in this manner. His conduct has always been to brow-beat the court in such like matters. He is in the habit of remaining in attendance in all such cases in which he has no interest nor he has ever been a party to such proceedings. We have, therefore, decided that Shahid Orakzai should be stopped from entering the court premises for a period of one month or till the conclusion of the case, whichever is earlier, so as to avoid any obstruction in the course of justice. This is apart from any action that we may deem proper to take against him. Order accordingly. We direct the learned Attorney General for Pakistan and the Inspector General of Police, Islamabad to take appropriate steps for ensuring compliance of this order.
Storming case: Appellant says plea according to SC rules Bureau Report DAWN WIRE SERVICE Week Ending : 22 January 2000 Issue : 06/04
http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/22jan00.html
ISLAMABAD, Jan 20: Shahid Orakzai, the appellant in the storming of the Supreme Court case, on Thursday stated that like every citizen of the country he too was shocked at the acquittal of the PML
legislators for lack of evidence, and was “aggrieved” by the court decision. He was replying to the objections raised by the PML lawyer that the appellant was not the aggrieved person according to law and his appeal should not be entertained by the court. Mr Orakzai who had started his arguments on Tuesday completed them on Thursday. The Attorney General Aziz A. Munshi will start his arguments on Friday. The AG was not present in the courtroom on Thursday due to his engagement in the cabinet meeting.
All the PML parliamentarians who were earlier acquitted of the contempt of court charges – Tariq Aziz, Mian Munir, Chaudhry Tanveer, Sardar Nasim, Akhtar Mehmood Advocate, and Shahbaz Goshi- were present in the courtroom. The appellant stated that he had filed the appeal in accordance with the SC rules. He said that under the law the Attorney General was the prosecutor in the contempt of court matters. But the former attorney general assigned the job to the Deputy Attorney General (DAG) who did not perform his duties properly.
Had the DAG performed his duties well, he would have been saved from filing the present appeal, the appellant added. The appellant further stated that 53 persons were asked to record their statements in the case and the prosecutor (DAG) had not asked a single question from the 33 people. The court asked him to give reasons for his being aggrieved and avoid criticising the law officers for failing to perform their role. The appellant said that he had nothing personal against the PML but in the storming case the party could not be spared. He said the Constitution had prohibited propaganda against the judiciary and the armed forces. The appellant said that his appeal was not time barred as argued by the PML lawyers. Chief Justice Saiduzzaman Siddiqui observed that an appeal could be filed within 60 days. Justice Irshad Hasan Khan observed that the apex court had the powers to even enhance the period for the filing of the appeal. The AG would start his arguments on Friday.
Shahid Orakzai and Quadiyani Connections
Removal of Qadianis’ names: writ filed in SC Staff Reporter DAWN WIRE SERVICE Week Ending: 28 September 2002 Issue:08/39 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2002/sep282002.html
ISLAMABAD, Sept 24: The Supreme Court has been approached to end discrimination against Qadianis in the forthcoming general elections, as by deleting their names from the voters lists, they have been deprived of the right to contest elections. Petitioner Shahid Orakzai, in his constitutional petition under Article 184(3) of the Constitution filed, has stated that Article 7C of the Conduct of Elections Order, 2002, was discriminatory against a specified minority because it deprived those who did not sign an oath about the finality of the Prophethood of Muhammad (PBUH).
He stated that Article 7C was extremely discriminatory against Qadiani group and negated the very theme and purpose of joint electorate. It deprived Qadianis from participation in election both as voters and as a candidate for a general seat.
He further contended that there was no rationale for including the oath about the finality of the Prohpethood of Holy Prophet Mohammad, in nomination form unless all the general seats were formally allocated to Muslims. “The provision that anyone refusing to take oath would get his name deleted from the joint electoral rolls is all more ridiculous. How an electoral roll be called a joint electoral if the name of a non-Muslim is deleted just because of his belief.”
Saif’s arrest in murder case sought: Plea filed in PHC Bureau Report DAWN WIRE SERVICE Week Ending: 1 December 2001 Issue:07/48 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/dec0101.html
PESHAWAR, Nov 24: A freelance journalist approached the Peshawar High Court, praying that former senator Saifur Rehman be taken into custody and instructions be issued to the crimes branch to interrogate him for the murder of his brother. The request came in an application submitted by Shahid Orakzai with a writ petition in the PHC against Nawaz Sharif, Shehbaz Sharif, Saifur Rehman and the former MNA, Jawed Ibraheem Piracha. The petition has been pending before the court which had twice issued notices to the federal government. The government has not filed any comments so far.
Apprehending the release of Saifur Rehman, the petitioner had earlier filed an application, requesting the court to issue directives to the government not to release Mr Rehman and to place him on the exit control list. While the high court is yet to decide the application, Mr Rehman has been released a couple of days back on the order of the Supreme Court with the result that Mr Orakzai has filed a fresh application. The petitioner stated that the alleged killer of his brother Major Khalid Saeed Orakzai had now been granted full freedom. He stated that the military government was unwilling to register a single corruption case against Mr Rehman despite documentary evidence of a horse-trading deal which the petitioner had provided to the NAB. The petitioner recalled that an SC bench had ruled that the murder be investigated in the context of horse-trading allegations and that the murder had nothing to do with the religious beliefs of the victim.
Shahid Orakzai and Iftikhar Muhammad Chaudhry Connections (the PCO BENCH WHICH VALIDATED PERVEZ MUSHARRAF MARTIAL LAW)
Politicians in power try to be dictators, says CJ Bureau Report DAWN WIRE SERVICE Week Ending:4 March 2000 Issue : 06/10 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/mar04.html#poli
ISLAMABAD, March 1: The Chief Justice of Pakistan, Irshad Hasan Khan, on Wednesday observed that when the politicians are in power, they try to become dictators but when they are out of power, they become champions of the rule of law. Presiding over a 12-member bench seized of the seven petitions challenging the military takeover, the chief justice directed the attorney general to provide details of the expenditure on holding elections, including the expenses made by the candidates on their election campaigns. The Supreme Court announced that it would decide the issue of maintainability and merits of the case simultaneously. The chief justice said the court had entertained the petitions. The bench started regular hearing of the petitions on Wednesday.
The court first took up the petition of Syed Zafar Ali Shah, suspended MNA of PML from Islamabad. The representative petition of PML would be taken next and Khalid Anwer would argue the case on behalf of the party. Other petitions before the court are of Syed Imtiaz Hussain Bukhari, challenging the PCO; Fazal Ellahi Siddiqui, challenging the PCO; Shahid Orakzai, seeking restoration of Senate, office of speakers and provincial assemblies; Al-Jehad Trust, seeking restoration of Constitution to the extent of judiciary; and Syed Iqbal Haider of MWM, seeking validation of PCO. The bench consisted of Justice Irshad Hasan Khan, Justice Mohammad Bashir Jehangiri, Justice Sheikh Ijaz Nisar, Justice Abdur Rehman Khan, Justice Sheikh Riaz Ahmad, Justice Chaudhry Mohammad Arif, Justice Munir A. Sheikh, Justice Rashid Aziz Khan, Justice Nazim Hussain Siddiqui, Justice Iftikhar Mohammad Chaudhry, Justice Qazi Mohammad Farooq and Justice Rana Bhagwandas.
The chief justice made it clear at the outset that the counsels should try to be relevant and unnecessary repetition of arguments should be avoided. He said the whole work of the court was suspended due to the present case. Chaudhry Farooq, the counsel of Mr Shah, said that on the last hearing the petitioner had apprehended that the judges of the court would be asked to take fresh oath under the PCO and his apprehensions proved to be true. He said the PCO (1) of 1999 and subsequent orders were unconstitutional, having no force of law. The chief justice asked the parties to avoid mud-slinging, and added that: “we will perform our function without intimidation.” He observed that the bar and the bench were integral part of the chariot of justice. He said his effort was to save the system and referred to the decisions of the Chief Justices Committee. The counsel said: “Pakistan was a gift of our forefathers, but unfortunately the rule of law had been interrupted at regular intervals. In its total life, Pakistan had suffered military rule for 30 long years”.
He said the government in its reply to the petitions had said that the elections of Feb 3, 1997, were farce. The elections in which PML obtained heavy mandate were monitored by the observers across the globe, he said, and added the armed forces were employed to supervize the elections. On the court’s query, Barrister Khalid Anwar stated that 36 per cent of voters used their right of franchise in the 1997 elections. Chaudhry Farooq said if the government of Khawaja Nazimuddin would not have been dismissed, the fate of Pakistan would have been different. He said Pakistan was created with the force of vote and not through any military operation. “Both citizens and soldiers are subject to Constitution alike.” Referring to Article 6 of the Constitution, he said abrogating the Constitution was treachery with the country. When he stated that the respondents had not replied to the Politicians in power try to be dictators: CJ challenge he raised in the petition, the chief justice observed that the counsel was trying to be hyper technical. The CJ made it clear to the counsel that notice of the case to the chief of the army staff was there.
The counsel said he was firm believer that the Kafir (infidel) could not be a friend of Muslim and Hindus being Kafir could not be trusted. When the counsel referred to a judgment from the Indian jurisdiction, the court asked him not to cite Indian judgments in the present case. When the counsel started reading an old judgment from Pakistani jurisdiction, the chief justice asked the counsel to first read the speech of the chief executive in which he had spelt out the reasons which forced him to come into power. The counsel was still reading the speech of Gen Musharraf when the court rose to assemble again on Thursday (March 2).
PML-N wins yet again in the court: http://criticalppp.com/archives/42456
Zulfiqar Mirza has often been criticized for his speech out of context by the Jang Group of newspapers, please read the words of Shaheen Sehbai (Editor The News) and note that it was Jang Group which had used the same words for which Zulfiqar Mirza and Zardari are criticized for exploiting the so-called Sindh Card
Sindh is angry and Punjab is not helping By Shaheen Sehbai Sunday, January 06, 2008
http://www.thenews.com.pk/top_story_detail.asp?Id=12113
KARACHI: Deeply aggrieved, full of anger and passionately in mourning, Sindhis are baffled and confused at the strange reaction in Punjab, specially the ruling elite which has adopted an aggressively parochial attitude, not just against the PPP but against entire Sindh, after the death of Benazir Bhutto. The accusations that large numbers of Punjabis have been forced to flee Sindh and become refugees in their province may help the PML-Q leaders rebuild their shattered election campaign but it is certainly not helping national unity and the cause of the federation of Pakistan.
A quick tour of the heart broken hinterland of Sindh, starting from Karachi to Jamshoro, Sehwan Sharif, Dadu, Larkana, Naudero, Garhi Khuda Bux, Sukkur, Khairpur, Nowshero Feroze, Moro, Hala, Hyderabad and back to Karachi by road, revealed many facets of the Bhutto murder fallout which cannot be imagined while sitting in cozy drawing rooms before TV sets.
It was quite baffling to note that while we were driving towards Larkana on the Jamshoro-Sehwan route, not one burnt vehicle was seen anywhere from near Karachi until we entered the constituency of Benazir Bhutto in Larkana, over 250 miles away, where we saw a skeleton of a bus. Neither could we see any burnt banks or buildings on this route.
But strikingly on our way back from Sukkur to Hyderabad, the damage was evident but not as widespread as was being reported or projected to be. Some 100 trucks, buses and very small number of cars were still presenting the scene of a battlefield, especially in Moro and some other portions of the National Highway. A few banks on the main road were also visibly damaged.
But the interesting explanation we got by talking to residents and locals was that most of the damage all along the National Highway was in areas and constituencies which were not PPP strongholds and were either represented by Muslim Leagues or other breakaway PPP factions like the Jatois and others. Many gas and petrol stations were still totally undamaged while just in front of them, on the road, cars and buses had been burnt. The protestors were either not interested in burning some property or were cleverly selective in picking their targets.
At one point in front of a huge CNG station, which was intact, several vehicles were burnt but right across the road was a Rangers headquarter and no one seemed to have noticed the violence or done anything to stop it. When we crossed it the Rangers were being guarded by a police picket and van, odd as it may seem.
So when the majority PPP dominated areas were relatively quiet, how would the violence in non-PPP areas be explained. The PPP leadership, rank and file have a ready made explanation that the reaction was orchestrated to blame Sindh and PPP and it was exaggerated to suit the establishment to counter the wave of sympathy for the PPP. It looks somewhat obvious that such an explanation would be given by the PPP but the sudden regression of the pro-establishment section of the Punjab leadership into a parochial mode has lent a lot of credence to the Sindhis’ complaints.
Talking to the deeply disturbed and extremely nervous PPP leadership in Larkana, Naudero and Garhi Khuda Bux, the clear impression that emerges is not good news for the federation. Mr Asif Ali Zardari and Bilawal Bhutto made extra efforts in their early appearances before the media to send the message across that the PPP still wanted the federation, as it did when Benazir Bhutto was alive. But this message has been distorted by Punjab.
The creation of a refugee centre in the heart of Lahore was almost hitting the federation below the belt. Some of the Punjabi small businessmen, roadside gas station owners and hotel stops whom we met on our journey were highly critical of this Punjab move. One of them near Hala said he was always a PML voter but would now vote for the PPP as Punjabi leadership, especially close to the establishment, was unfair. He was safe and doing his business without any fear though he admitted that for four days after the Bhutto murder, he did not come out of the house or open his business. His hotel and shops had not been touched by anyone during the riots.
A PPP student wing leader in Larkana was specifically moved by the huge ads in newspapers from the PML which isolated Sindhis and spoke of large-scale migration from Sindh. “What do they want now that they have killed so many of our leaders? Do they want to push us into the sea. This is all rubbish and meant to fan hatred against Sindh for political gains,” he reacted.
The PPP leadership is having a bad time in the sense that they have been pushed to the wall and now fears they have to take on the establishment which they fear would be a disaster for the country.
Senior leaders candidly admit that the death of Benazir Bhutto has landed the party into a crisis but unity in the ranks and swift transition of power from Benazir to Asif Zardari has helped the party leaders and cadres focus on the real issue of winning the elections, helped by the sympathy wave.
One leader said it was challenging for Mr Zardari to get into the shoes of Ms Bhutto but since she had passed on the leadership to him in her will, the party had accepted the decision and quickly converted the street protests and violence into a determined electoral mission to win the elections.
But February 18 was the cut off date for all practical purposes and it was impossible for any PPP leader, including Mr Zardari, to show any soft corner for President Pervez Musharraf or the establishment before the elections.
“We have to decide that if Feb 18 turns out to be a fraud with us and the nation, what we have to do and this is not an easy decision but this decision cannot be put off any more,” said one leader. “And this time President Musharraf will have to accept all our demands without any precondition or bargaining because we have already paid the highest price that could be asked in any bargain.”
Senior PPP leaders do not believe that the establishment would go for the elections even on Feb 18, if the PPP wave continues, which it will. “They are not prepared to hand over power through the ballot box and unless they are in a position to either manipulate the result and contain the PPP or strike a deal on their terms, they would not agree to a poll,” one leader said. “But the PPP is not in a position to offer anything now. If Mr Musharraf wants a deal with the PPP, he will first have to hold a free and fair election without asking for anything in return. This risk he has to take, or otherwise take much bigger risks.”
This PPP sentiment is reflected at all levels of the leadership which is now gearing up to accept the coming challenges. Whatever doubts and suspicions people may have about Mr Zardari, he has now been catapulted into a position where he has very little room for maneouvre or go against the general party sentiment. People want revenge and he has to lead the party into getting one.
“The PPP candidates have been decided by Benazir so those cannot be changed. The PPP leadership all over the country is in place so no particular Zardari men can be inducted. The election is just around and no one can risk intra-party infighting. The mourning has been successfully converted into a fury to take revenge at the ballot boxes so the party has been saved from disarray,” according to a senior leader.
This transition from protests and fury on the streets to revenge through democracy has been remarkably smooth. As we drove hundreds of miles in PPP and non-PPP territory, life had come to almost normal and only the remnants of the burnt out trucks, especially NLC containers and car-carriers, reminded us of the angry reaction. The first hurdle has successfully been crossed by the PPP, headed by Mr Zardari to control the people and turn them into highly motivated and committed workers.
I’m surprised they did it now, but I was in favor of letting him go at the end of season anyway. I liked Reed, thought he did a great job, in a real tough stadium. But he seemed to have lost it this year. He may do fine elsewhere, but I can see why they cut him. Tomlin doesn’t over react to things, so I’m confident this is the best thing to do for the team.