After Jalib and Faiz, it’s time for Kahlil Gibran to turn in his grave
After having abused Faiz’ “Hum Dekhen Gay” and Jalib’s “Dastoor”, it’s time to make Kahlil Gibran turn in his grave. His epic poem, “Pity the Nation” has been referred to in the detailed judgment of the Supreme Court’s eight member bench on the Prime Minister Yousuf Raza Gilani’s contempt case. Justice Asif Saeed Khosa, whose relations with the anti-PPP establishment are well known, has written a 6 pager additional note in which he has shown his poetic side. He has referred to “Pity the Nation” and added verses of his own. A cursory view of his poem is nothing but a contempt of the Parliament and its elected members for which a reference should be sent to the Supreme Judicial Council and he be brought to the Parliamentary Committee that oversees the breaches of privilege.
While the verdict is out and awaits to be challenged at appropriate stages, the daggers have already been sharpened to run a political campaign at the back of a judicial support for the next elections. Having failed to get rid of the PPP led government through various judgments, this is one last attempt before the presentation of the final budget of the present parliament. With the media through their touts like Kamran Khan, Mohammad Malick, Kashif Abbasi, Ansar Abbasi and many more, a campaign on high moral grounds is being run against the PPP. just to make their point, the USD 60 million are now referred to “500 carore rupay kee krupshion” to make it look all too big. The media makes one PPP representative sit in its program and makes 4 anti government cast belonging to PML-N, PTI, a lawyer and a journalist to keep our blood boiling for 50 minutes.
Justice Asif Saeed Khosa is the son-in-law of Justice Naseem Hasan Shah, one of the judges that ordered hanging of Shaheed Zulfikar Ali Bhutto. Justice Shah was the one who restored Nawaz Sharif’s government after Ghulam Ishaq Khan used 58-2 B in 1993. Justice Khosa is also the brother of Tariq Khosa, the blue eyed boy in the FIA of the sitting judges. His appointment to a one man commission to investigate the “Memogate” has already been criticized wholeheartedly forcing him to decline his appointment. Naturally, Justice Asif Khosa has to extract revenge for his brother and also to satisfy the ego of his masters in the establishment.
Anyways, PPP is not going to run away and will do the work it set out to do: provide a stable form of government to Pakistan. Let the parliament complete it’s term; let elections take place; kick the PPP out through normal process, but just don’t abuse the likes of Jalib, Faiz and now Kahlil Gibran for your own ulterior motives.
“it is very surprising that one of the Supreme Court judges who released Malik Ishaq on bail last week scolded the prosecution and said the case was weak. The same judge, Justice Asif Saeed Khosa, was part of a Lahore Hight Court bench that had asked the police to close down cases of hate speech and incitement to violence, against Jamaatud Dawa chief Hafiz Saeed. The bench would simply not accept that Jamaatud Dawa was another name for Lashkar-e-Taiba, because the new name was not present on a certain list.”
http://www.dawn.com/2011/07/19/lashkar-e-jhangvi-and-the-lack-of-evidence.html
Several judges in Pakistan’s Supreme Court are committed helpers and partners of enemies of Pakistan (e.g. Taliban, Sipah-e-Sahaba etc). Justice Khosa is one of them. Friends of enemies of Pakistan can never be well wishers of Pakistani nation.
From Express Tribune:
PM contempt: ‘For whom the bell tolls, it tolls for thee’
By Shaheryar Popalzai
Published: May 8, 2012
Pity the nation that demands justice for all
but is agitated when justice hurts its political loyalty.
This is part of a long addition Justice Asif Saeed Khan Khosa made to Khalil Gibran’s Pity the Nation in a six page additional note that was released with the detailed verdict in Prime Minister Yousaf Raza Gilani’s contempt case.
Justice Khosa, who was part of the seven-member bench that had announced the verdict, says that he is in ‘respectful agreement’ with the proposed judgement authored by Justice Nasirul Mulk.
In a six page addition that he makes to the 77 page detailed verdict, Justice Khosa quotes Khalil Gibran and with “an apology” makes a 321 word addition to Pity the Nation.
He says that Gilani’s conduct in the case is indicative of a bigger malady, one which if not checked or cured may “overwhelm or engulf all of us as a nation.”
Justice Khosa then goes on to quote an extract from For Whom the Bell Tolls by John Donne
Each man’s death diminishes me,
For I am involved in mankind.
Therefore, send not to know
For whom the bell tolls,
It tolls for thee.
Power to the people
Justice Khosa said the ultimate ownership and power of the Constitution, all organs and institutions created under it lies with the people, going on to quote the preamble of the 1973 Constitution:
We, the people of Pakistan ——- Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.
Justice Khosa said that the power to punish a person for contempt of court is also with the people, and through the Constitution they have “entrusted or delegated” this power to the courts.
Emphasising on the power held by the people, Justice Khosa said that in a situation where the executive is bent on defying a judicial verdict and is ready to go to any limit in defiance, it is the responsibility of the people to stand up and defend the Constitution and all organs and institutions to deal with the delinquent appropriately.
It shall simply be naïve to underestimate the power of the people in matters concerning enforcement of their will. The recent phenomenon known as the Arab Spring is too fresh to be ignored or forgotten.
Justice Khosa further cites the example of former president Pervez Musharraf to talk about the power held by the people. He says that Chief Justice Iftikhar Muhammad Chaudhry had refused to obey “unconstitutional dictates” of Musharraf, who had held quite a few divisions. But it was the chief justice who had emerged victorious with the help of the people.
I am not too sure as to how many divisions would a population of over 180 million make!
Collective damnation
Bleak words end the six page additional note. In the conviction of Gilani, says Justice Khosa, lies our collective damnation.
He said Justice Mulk’s order is a step in the right direction as, “It kindles a flame of hope for a future for our nation which may establish a just and fair order, an order wherein the law rules and all citizens are equal before the law.”
The full version of Justice Khosa’s addition to Pity the Nation is below:
Pity the nation that achieves nationhood in the name of a religion
but pays little heed to truth, righteousness and accountability
which are the essence of every religion.
Pity the nation that proclaims democracy as its polity
but restricts it to queuing up for casting of ballots only
and discourages democratic values.
Pity the nation that measures honour with success
and respect with authority,
that despises sublime and cherishes mundane,
that treats a criminal as a hero and considers civility as weakness
and that deems a sage a fool and venerates the wicked.
Pity the nation that adopts a Constitution
but allows political interests to outweigh constitutional diktat.
Pity the nation that demands justice for all
but is agitated when justice hurts its political loyalty.
Pity the nation whose servants treat their solemn oaths
as nothing more than a formality before entering upon an office.
Pity the nation that elects a leader as a redeemer
but expects him to bend every law to favour his benefactors.
Pity the nation whose leaders seek martyrdom
through disobeying the law
than giving sacrifices for the glory of law
and who see no shame in crime.
Pity the nation that is led by those
who laugh at the law
little realizing that the law shall have the last laugh.
Pity the nation that launches a movement for rule of law
but cries foul when the law is applied against its bigwig,
that reads judicial verdicts through political glasses
and that permits skills of advocacy to be practised
more vigorously outside the courtroom than inside.
Pity the nation that punishes its weak and poor
but is shy of bringing its high and mighty to book.
Pity the nation that clamours for equality before law
but has selective justice close to its heart.
Pity the nation that thinks from its heart
and not from its head.
Indeed, pity the nation
that does not discern villainy from nobility.
http://tribune.com.pk/story/375771/pm-contempt-for-whom-the-bell-tolls-it-tolls-for-thee/
LHC orders quashing of FIRs against Hafiz Saeed
LAHORE: A division bench of the Lahore High Court (LHC) has ordered quashing two FIRs registered against Jamaat-ud-Daawa (JD) chief Hafiz Muhammad Saeed under the Anti-Terrorism Act 1997 at Madina Town and Peopleís Colony police stations of Faisalabad on Sept 16.
The cases were lodged against him in Faisalabad under Section 11-F (4) of the Anti-Terrorism Act on charges of delivering provoking speeches while inciting the Muslims to launch holy war (Jihad) against the US, Israel and India.
The bench comprising, Justice Asif Saeed Khosa and Justice Najam-ul-Hasan, on Monday started hearing arguments of the counsel for Hafiz Saeed, AK Dogar, who had filed a petition seeking cancellation of the cases against Hafiz Saeed.
The court remarked that the JD was not a banned organisation as its name was not included in the list of the banned terrorist organisations. The court further said the JD was not a terrorist organisation as well. Therefore, there were no constraints on the JD to collect funds, carry on membership and hold congregations.
During the hearing, the court asked Punjab Assistant Advocate General Malik Abdul Aziz whether the JD was a banned organisation. The assistant advocate general sought half an hour to give answer to the court after getting proper information from the Federal Ministry of Interior. The court granted him the time.
On resumption of the hearing, the assistant advocate general told the court that the Punjab government had not issued any notification regarding ban on the JD and the Federal Ministry of Interior had restricted activities of the JD on the basis of resolution of the United Nations Security Council (UNSC).
He said the name of the JD was not included in the list of those organisations which were banned by the Federal Ministry of Interior under Anti-Terrorism Act 1997.He said the name of JD had not been included in the list of proscribed organisations but was added on a watch list due to terrorism threats.
Justice Asif Saeed Khosa said if there was no ban on the JD, why cases were registered against JD chief Hafiz Saeed under Anti-Terrorism Act 1997 in Faisalabad. He remarked that Section 11-F (4) could not be enforced on the JD.
The judge observed that to invite people to an Iftar party was also not any crime. The judge observed: “There was no ambiguity regarding any ban on the JD as a learned bench of this court had already been informed that the organisation was not listed as a proscribed organisation. And there is no need to hold any separate judicial inquiry.”
http://www.paktribune.com/news/print.php?id=220117
Aray bhai,yeh nobat bhee to Faiz aur Jalib kee nazmen parh kar ayee hay. Jin ko azadi deee, wohi kotwaal ban gaye yaani muazziz adliya aur wuklaa tehreek
If Shahbaz Sharif can rape Jalib, why can’t Justice Khosa do the same to Gibran?
Yeh leejiye…mulahiza keejiye:
Bar membership cancelled Lawyer hurls shoe at judge
http://dawn.com/2012/05/06/bar-membership-cancelled-lawyer-hurls-shoe-at-judge/
FAISALABAD, May 5: A lawyer on Saturday hurled a shoe at an additional district and sessions judge while reacting to a “verdict against his wish”.
A month and a half earlier, a lawyer had committed the brazen act of beating up a civil judge in Faisalabad.
The enraged lawyer, Maqsood Ahmed hurled a shoe at AD&SJ Asad Ali who did not order a property to be sealed. On being informed, the fellow judges stopped performing their duties and went to their retiring rooms.
A joint meeting of the judges was also convened in which it was decided that the issue must be brought to the notice of the Lahore High Court for action.
Sources said the judges apprised the LHC of the episode and a meeting of the high court administrative committee said it would take up the issue during Monday’s meeting.The judges announced that they would resume their duties only after an appropriate action by the LHC.
Meanwhile, the District Bar Association cancelled the membership of the lawyer. Bar president Munawar Sindhu told Dawn the general house meeting of the lawyers had been convened for Monday to decide the future course of action.
He said the lawyer had been summoned to give his version on Monday. He said only it was reported that the lawyer wanted to get his inherited property sealed but the judge gave a verdict against it.
The litigants were left high and dry as no dates were given to them for resumption of cases.
This was the fourth incident of lawyers’ misbehaviour with judges in Faisalabad in the last couple of years. On March 19 last, civil judge Azhar Ali Jaffari was manhandled by lawyer Mohsin Nabeel in his court. The lawyer let loose his indignation when the judge had cancelled the bail application of an accused booked under section 398 and 406 of PPC.
Reacting to the incident, Mr Jaffari performed duties for more than one week without using his presiding chair.
On April 5, 2011, two lawyers Tanvir and Abid subjected judicial magistrate Rehmat Ali and his subordinates to severe torture and injured them over the dispute of motorcycle challan.
In March 2010, civil judge Tariq Kahot was tortured by lawyer Liaquat Javed. The observation of the civil judge relating to a rent dispute angered the lawyer who also abused the judge and his court staff.
Surprisingly the bastion of azad adliya happens to be in Punjab and that is where the judges are being abused and beaten by lawyers. Isnt this contempt of court? Oh no…we forgot, contempt is the exclusive domain of PPP!!!
i’ve heard he (J Khosa) is shahbaz shareef’s sala(brother in law). is it true?
A must watch interview of Asma Jahangir: http://www.youtube.com/watch?v=kCnIHyFAqPA
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