The condemned soul of Pakistan’s Islamofacist dictator General Zia-ul-Haq will be extremely pleased today after reading some of the passages in the Supreme Court of Pakistan’s detailed verdict on the National Reconciliation Ordinance (NRO).
In its expected judgment, a 17-member bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry had declared the NRO an instrument void ab initio, being ultra vires and violative of various constitutional provisions including Articles 4, 8, 25, 62(f), 63(i)(p), 89, 175 and 227 of the Constitution.
The whole document (287 pages) is a masterpiece of lopsided and Islamofacist style of justice except a wise passage in an additional note by Justice Jawad S. Khawaja (provided below).
The verdict suggests that the constitution of Pakistan has been replaced by fictional stories, e.g., Hikayat-e-Rumi, Gulistan and Bostan of Saadi, and Shahab Nama.
The Supreme Mullah Court of Pakistan has once again proven that the troika (teen jeem = Judge, Journalist and Generals) have in principle decided to derail the democratic process in Pakistan.
The verdict suggests that the Supreme Court of Pakistan, which is a creation of the constitution of Pakistan, considers itself powerful enough to challenge its own creator, i.e. the constitution of Pakistan, e.g. by challenging the constitutional indemnity available to the President.
The Judgment has been authored by the Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan. The judgment was circulated to all Judges of the Bench, signed by Mr. Justice Khalil-ur-Rehman Ramday on 12-01-2010.
The judgment has unanimously been signed by all the Judges, while three Judges namely Mr. Justice Sardar Muhammad Raza Khan, Mr. Justice Ch. Ijaz Ahmed and Mr. Justice Jawwad S. Khwaja have also added supporting notes.
Here are some gems from the Supreme Court’s verdict:
“During the period of the Muslim rule, sub continent was rich in all spheres of life. It is interesting to note that rate of literacy was very high above 90 percent as highlighted by Frishta while writing history of the sub continent…Subcontinent was almost surrounded by mountains and large open area due to which according to the western countries this area is known as “Soonay ke Chiria”. The kingdom of Britain and France had entered in sub continent for the purpose of business.” p.257
“After death of Aurangzeb the system of justice, established by the Muslims, was totally dis-regarded and Muslims were fighting with each other for securing power.” p.257
“This judgment cannot be completed without having a glimpse of Islamic Legal System. Mr. Vijay Kumar Dewan in his Book Prosecuting System in India (Practice and Procedure) discussed the legal system of Islam in the following terms:– “As like the Hindu law the concept of Muslim Law also held that the king derived his authority from Qura’n and the ruler was subordinate to law the main source of Islamic law of Muslim Law i.e. Shar in Qura’n and Sunnah or Hadis….” p.262
“Muslims had launched freedom movement in 1857 but could not succeed due to their internal contradictions and on account of non cooperation of the Hindu community with the Muslims.” p.264
“The best example in the recent history of human society is of China when this nation with its birth two years after Pakistan, has attained a position of super power (an economic joint and a permanent member of the security council).” pp.265-266
“The word “Ameen” difined in the following books which is to the following effect:
1 The Concise Encyclopedia of Islam at page 41:
“al-Amin. A name of the Prophet, given to him by the Quraysh before the revelation of Islam, meaning the ‘Trustworthy One’. The word is used as a title for an organization official in a position of trust, such as the treasurer of a charitable organization, a guild, and so forth”.
2. Urdu Daera-e-Maharafil Islamia at page 279-80″
3. The Encyclopaedia of Islam (New Edition) Vol.1 at 436-37
“Amin, ‘safe’, ‘secure’; in this and the more frequent from amin (rarely ammin, rejected by grammarians) it is used like amen and (Syriac) amin with Jews and Christians as a confirmation or corroboration of prayers, in the meaning ‘answer Thou’ or ‘so be it’ see examples in al-Mubarrad, al Kamil, 577 note 6; Ibn al-Diazari, al-Nashr, ii, Cairo 1345, 442 f., 447. Its efficacy is enhanced at especially pious prayers, e.g. those said at the Ka’ba or those said for the welfare of other Muslims, when also the angels are said to say amin.” pp.266-268
“Morality” The word “morality” is not used in any narrow sense, but in a general sense, such as the law of conscience, the aggregate of those rules and principles of ethics which relate to upright behavior and right conduct of elected representatives and prescribe the standards to which their action and in particular those who are Muslims, who are guided by the Holy Qur’an and Sunnah should conform, in their dealings with each other or with institutions or the State”. M. Saifullah Khan Vs. M. Afzal. PLD1982 Lah.77.” p.269
CONSTITUTION BE READ AS AN ORGANIC WHOLE
17. The body of human being consists of 99 elements with proportionate qua each body of human being. Once the imbalance in the said elements occur then the body as a whole would be disturbed and affected. The body of human being otherwise consists of two parts. Body along with the elements and “Rooh- spirit”. p. 269
Hazrat Abu Bakr Siddique (RA), First Caliph of Islam in his first address had said that in case he violated any injunction of Islam, then people should guide him to be on right path. And there rose a Bedouin sitting in the audience who remarked that in case he violated the principles of Islam, then they would set him on right path (Nazay ki nook par) p.273
Whenever the spirit of the Constitution was violated, the result was chaos and this fact finds support from following extracts of Shahabnama by Qudrat Ullah Shahab: (see chapter on ‘Sikandar Mirza Ka Urooj-o-Zawaal”) pp.277-278.
The raison d’etre of any constitution is to constitute a country and it is the document which contemplates the grundnorms of State and its laws. Aim of all jurisprudence is “public good” or “Welfare of the people”. No Law can be wholesome and no state can be a welfare State unless the principles of amr bil maruf wan hi anil munkar is strictly adhered to. p.279
If a law evokes healthy feelings/atmosphere, then it is valid otherwise it is void. An illegal morsel gives birth to evils. Similarly any legislation which hurts thewelfare of the people should not be allowed to stand among the people. In this regard, I may quote the following couplet from Molana Roumi’s Masnevy:- From the legal morsel which born knowledge, love and tenderness. If you see that jealousy, deception, ignorance, negligence is born from a morsel, know that it was unlawful. The morsel is a seed and thoughts are its fruit. The morsel is the seed and thoughts are its pearls. pp.279-280
However, taking advantage of brevity, I simply hold that the National Reconciliation Ordinance, 2007 is not valid and in this regard, I endorse the view of our celebrated poet Sagar Siddiqui, which he expressed in this following poetic couplet:-
For the purpose of maintaining balance between each and every organ of the State, I conclude the note and suggest all organs to obey the command of the Constitution from core of their hearts which is possible on working as per saying of Wasif Ali Wasif (Philosophical Islamic Writer) and Moulana Roomi respectively which are to the following effect: pp.280-281
Justice Jawad S. Khawaja’s Wise Note:
It should also be mentioned that by striking down the NRO the Court does not foreclose the possibility or impinge on the prerogative of the legislature to enact a non-discriminatory law which can pass constitutional muster and is motivated by a desire to bring about a true and inclusive reconciliation which is genuinely national in its outreach and attempts to bring within its fold disparate groups harbouring valid grievances against oppressive and vindictive use of State machinery in the past. Even those who may have committed wrongs in the past and were not wronged against, are not beyond being redeemed through a compassionate law which heals the fissures in the nation’s divided polity. These are, however, matters which fall squarely within the legislative and executive domains, should these organs of the State wish to act.
GOVERNMENT FILES APPLICATION IN SUPREME COURT ON NRO Source
The Government has filed application in the Supreme Court of Pakistan to review its verdict concerning National Reconciliation Ordinance (NRO) declared as unconstitutional.
Advocate Abdul Ghafoor, who had been appointed by the government, filed application in Supreme Court on Saturday.
The Federal Government has mentioned in its application that the Supreme Court also included those points in its verdict, which had not been mentioned by the applicants in their applications.
The Government requested the Supreme Court to provide it an opportunity to give its view point in the court.
Instead of Advocate Kamal Azfar, Advocate Masood Chishti will now be following the application on behalf of the Federal Government.
On the other hand, The National Accountability Bureau (NAB) Chairman, Naveed Ahsan and Additional Prosecutor, General Abdul Baseer Qureshi have also filed a similar application in Supreme Court. The applicants requested the Supreme Court to reconsider its verdict of changing the NAB Chairman and Additional Prosecutor General.