ISLAMABAD: Co-chairman Pakistan People’s Party (PPP) Asif Ali Zardari Saturday said the President Pervez Musharraf should step down voluntarily if he (President) wants to avert impeachment.Addressing a press conference after the PPP’s Central Executive Committee here, Asif Zardari said his party never accepted General Musharraf as the constitutional President of the country.
He said consultations will be held with all the stakeholders on the draft constitutional package which the CEC meeting approved today.
He said the draft package also includes proposal regarding the tenure of judges but a final decision has not yet been made. The Parliament will be given the authority to deal with all the issues, he added.
To a question regarding the date of return of Muttahida Qaumi Movement (MQM) Chief Altaf Hussain, he said MQM Chief did not say anything about this and “neither did I ask him as to when he plans to return home.”
Earlier, Federal Minister for Law, Farooq H Naek announced the significant points/ proposals contained in the 62-point draft constitutional package.
According to him the package proposes:
renaming NWFP as “Pukhtunkhwa”; anyone violating his oath to be declared to have committed treason; restriction on becoming President more than two times; barring government employees’ participation in elections; empowerment of Parliament; increasing minorities seats; restored judges to take fresh oath; National Finance Commission to meet in three years instead of five and; Prime Minister to appoint governors not the President.
(Courtesy GEO)
Sunday, May 25, 2008
President should quit or face impeachment: Zardari
Dancing on broken glass
PRESIDENT Pervez Musharraf’s appointment of businessman and media tycoon Salman Taseer — his friend and a former PPP parliamentarian — as governor, Punjab, set off howls of protest from the PPP’s chief coalition partner, PML-N, as well as from what some arbitrarily call ‘civil society’ and others term the ‘chattering classes’.
The controversial appointment followed the PML-N announcement that its federal ministers were resigning because the pre-Nov 3, 2007, judiciary had not been restored by the May 12 deadline announced after the Murree Declaration.More important than this deadline though, was the PML-N and PPP’s agreement that the judiciary must be restored. This is a goal that the two parties agree upon and it is significant for their continuing coalition. Their differences arise in the modalities. Nawaz Sharif wants a dramatic political gesture, an executive order that underscores his stated commitment to the cause while Asif Ali Zardari, embittered by his own experiences at the hands of some of these judges, wants a constitutional package that strengthens the institution — as envisaged by the proposed 18th Constitution Amendment Bill.
The Murree Declaration itself was greeted with the incredulity reminiscent of the amazement that followed an earlier pact between the PPP and PML-N: the Charter of Democracy of May 14, 2006, signed in London by Benazir Bhutto and Nawaz Sharif, envisaging a joint struggle to rid the country of military rule. The second significant point for the coalition is that the two major parties realise the importance of ending the military’s interference in politics.
There are powerful forces at work playing up their differences and trying to drive a wedge between them. These include western powers like the US and the UK who are more comfortable with their man Musharraf and the PML-Q, than the wild card PML-N. Also ranged against the coalition are the Pakistani ‘establishment’ and its allies in the media where speculation is often presented as news. Together, these forces keep pushing the PPP towards the president and his ‘Q’ League.Zardari appears to be merrily playing into their hands, letting two deadlines lapse without restoring the judges and appointing non-elected persons to positions of power. And then he showed Sharif the proverbial stick with the Taseer appointment (the president reportedly rejected the other nominees).
The PML-N had until now been riding high, feasting on carrots in the high-stakes Punjab province where it remains in government as the senior coalition partner and has made thousands of transfers and postings. But the coalition remains intact as the PML-N remains on the treasury benches rather than the opposition in the National Assembly.The game of politics continues with Zardari requesting the prime minister not to accept the federal minister resignations and asking Taseer to curb his anti-Nawaz rhetoric. The third significant point about the coalition is that the PML-N needs it as much as the PPP does.
Prime Minister Yusuf Raza Gilani, reiterating that the deposed judges will be restored as soon as the modalities are worked out, termed the Pakistani people as ‘mature, intelligent and patient’, wanting ‘to give the government time’. He may well be correct but for most people, sky-rocketing prices are the most pressing issues and the description sounds like wishful thinking when it comes to ‘civil society’ and the lawyers.Certainly, pressure must be maintained on the government to fulfil its promises but grand rhetoric, dramatic gestures and street agitations will only endanger the coalition. This will make the PML-Q very happy as well as the foreign and domestic powers who want Zardari to join hands with Musharraf and the Q League.
In this situation, the All Pakistan Democratic Movement’s announcement of a national moot on June 1 to strategise about the government’s ‘failure to restore the deposed judiciary’ appears provocative and premature. What is needed at this juncture is a little more patience. It is unrealistic to expect that a mess which was in the making for years will be satisfactorily resolved within a couple of months.
Had the PPP not agreed to a deadline the PML-N would not have joined the federal cabinet to share its burden. The PML-N may privately hope for mid-term polls, but has commendably taken the public position of supporting the government and saying it should complete its tenure. After all, going along with the PPP pressure has proved beneficial before, since Benazir Bhutto convinced Nawaz Sharif to contest the elections instead of boycotting them.
Zardari has a tough act to follow. Thrown into the deep end by Benazir Bhutto’s murder, he does not have her experience, stature or statesmanship (her detractors maintain that she herself lacked the last two). He demonstrated flexibility and sagacity after her assassination, countering the slogans of ‘Pakistan na khapey’ and keeping the party together. He proved central in cobbling together a coalition government, countering the establishment’s old machinations of dividing the politicians and confounding critics who couldn’t even envisage a Sharif-Zardari alliance.
Persistent rumours about Zardari’s prime ministerial or presidential ambitions are still unfounded. Perceptions that the National Reconciliation Ordinance provides a cover to corruption persist even in cases that have nothing to do with the NRO. In any case, with the PPP in power, the Ordinance is irrelevant since the cases it waived were instituted by the government of the time.In the current fraught political atmosphere, a bit of breathing space to the main coalition partners may have long-term benefits. It is worth bearing in mind a plea Zardari made to a group of journalists, lawyers, artists and writers visiting Naudero to condole with him soon after Benazir Bhutto’s assassination. “If we slip up and make mistakes, please be patient with us,” he said. “We are dancing on broken glass.”
Monday, May 19, 2008
Why Zardari's logic about constitutional reform of judiciary is flawed
PPP head honcho Asif Ali Zardari says he has been a victim of politicized judiciary, that politically motivated judges kept him behind bars on baseless charges. Zardari claims he wants to reform judiciary through a constitutional amendment, so that others would not have to suffer like he did. Not sure who Zardari is trying to fool with such convoluted logic. Zardari was a victim of a subservient judiciary, judges who acted under the duress of the ruler of the land. Contrary to his stated logic, an independent judiciary would have been more fair to him. That is why Zardari should be doing his part in making Pakistani judiciary independent, free of any executive pressure. But Zardari will not do that. And there is a good reason why he won’t. Zardari has rows after rows of skeletons hidden in his closet. He does not want to put independent-minded judges in the Supreme Court who may decide to open suo moto cases against him, a judiciary that may ask Zardari to explain how he, from being a co-owner of a small family business in Karachi in 1987, became a multi-millionaire during a short span of 3 years--coincidentally his wife was the Prime Minister of Pakistan during that time.
And who does not remember November 1997 when Nawaz Sharif being in power sent hoodlums to raid the Supreme Court and deal with an independent-minded judge? Presently Sharif appears to be the wise man who has a high regard for an independent judiciary. In reality Nawaz Sharif is only driven by a strong desire for revenge; he wants to get even with Pervez Musharraf, the evil man who removed Sharif from his advantageous position of pilferage.
Pakistanis must also ask why in January 2000 Iftikhar Mohammad Chaudhry took oath under the provisional constitutional order of General Pervez Musharraf, but not in 2007? The answer is, the oath in 2000 was to Chaudhry’s benefit—he was getting promoted because his seniors being more principled than Chaudhry had refused to accept the legality of the military coup. In 2007 Chaudhry was already the top man in the Supreme Court and taking a fresh oath did not make any sense; moreover, his friend Aitzaz Ahsan had told him how much glory Chaudhry would earn by challenging Pervez Musharraf.
Pakistanis must understand that each player they are currently dealing with has his own flaws, but these characters must be made, nay FORCED to go through the motions, to act on principled stands that are universal. With free press, independent judiciary, and strong democratic institutions, Pakistanis would ultimately be able to reform their system.
Sunday, May 18, 2008
Is the judges issue impeding progress on the economy?
Wednesday, May 14, 2008
Govt makes offer to 'reappoint' deposed judges
By Ansar Abbasi
ISLAMABAD: In yet another controversial move, the government has contacted several deposed judges of the provincial high courts with an offer to reappoint them as judges of their respective high courts but at the cost of compromising their pre-Nov 3 seniority.
This new initiative, if implemented, would make those judges of the provincial high courts who had refused to take oath under General Musharraf's PCO on Nov 3, 2007, junior to their colleagues who preferred to work with a military strongman under the PCO. Almost all those deposed judges, approached with this new recipe for their restoration, have reportedly refused to accept this bizarre offer.
Sources said that through this move the government would be rewarding the judges who had taken oath under the PCO on Nov 3, and punishing those who had refused to show allegiance to the military dictator in violation of the Constitution.
These sources said that the PPP government, which has repeatedly reversed its stand on the judges issue despite public commitments, wanted to retain the incumbent chief justices of the provincial high courts even if the deposed judges were restored.
Sources said that some senior government functionaries, including a federal minister and a top official of the prime minister's secretariat, held a marathon meeting with a few "important persons" in the vicinity of Punjab House last night to finalise the plan. According to sources,†the plan has been authored by the presidency.
The meeting, which started late at night, continued till 4:00 a.m. Some provincial governors, the sources said, were also consulted while a few pre-Nov 3 colleagues of the judges were assigned the task of contacting the deposed judges of the high courts with this unusual offer.
A source lamented that the PPP, which is a signatory to the Charter of Democracy, whose article 3(b) clearly reads that no judge shall take oath under the PCO, will be seriously deviatiing from the document if the plan goes ahead.
The PPP has already decided that it would retain the PCO judges and even those who were appointed in the post-Nov 3 situation and were not part of the Nov 2 judiciary. The latest move goes a step further. It was the judges restoration issue that forced the PML(N) to quit the cabinet after the PPP backtracked from the Murree Declaration and insisted that all the judges of the present superior judiciary would be retained as regular judges. The PML(N) had compromised to the extent that the PCO judges, appointed after Nov 3 in the Supreme Court, would be made ad hoc judges.
Tuesday, May 13, 2008
Restoration of the Judges in line with Charter of Democracy
Please forward this to all media persons so that they can expose this latest lie being propagated to impede the restoration of the deposed judges.
- Thankfully this time the people of Pakistan are well informed on the Charter of Democracy. According to Article 3 (b) of the said document:
"No judge shall take oath under any Provisional Constitutional Order or any other oath that is contradictory to the exact language of the original oath prescribed in the Constitution of 1973."
I would like to point out two things in this:
1.1) Please note that that the wording makes it clear that judges were not to take oath under PCO AFTER the signing of the Charter of Democracy in 2006. "Shall" clearly talks only about the future. All those who did take oath on 3rd Nov, including PPP's favorite Mr. Dogar, have violated the charter of democracy.
1.2) It does not mention the removal of any judges who had taken oath under the Oath of Office (Judges) Order, 2000 (No. 1 of 2000).
1.3) Article 3(a) and all its sub-articles discuss future appointments and not current ones. These are the articles which deal with the constitutional committee on judges and deals with future appointments only. Current judges are not affected by this committee. - Under the Amendments to Article 270-AA through the 17th Amendment, oaths taken under the Oath of Office (Judges) Order, 2000 (No. 1 of 2000) would be treated as if they had been taken under the Constitution of Pakistan.
2.1) The Supremacy of the Constitution binds us to accept an act passed by 2/3rd majority, irrespective of our opinion on it.
2.2) The oath of the judges taken under the Oath of Office (Judges) Order, 2000 (No. 1 of 2000) after passing of the 17th Amendment is not in conflict with the Charter of Democracy. This was well understood by both the PPP and PML-N as they specifically talked about events from the signing of the Charter of Democracy.
2.3) No such indemnity has been given to Musharraf's actions of Nov 3rd and all PCO judges are unacceptable according to the Charter of Democracy.
2.4) Like the PPP accepts Musharraf having 58-2(b) which was included in the 17th Amendment, the PPP must also accept that the Oath taken in under Oath of Office (Judges) Order, 2000 (No. 1 of 2000) of the 2000 PCO is to be treated as it were taken under the Constitution. It can not selectively choose to accept or reject parts of amendments the way it pleases. - The inductees after PCO can not be accepted if the Charter of Democracy is followed. PPP is going against the Charter of Democracy by including their retention in its demands.
- To overturn Musharraf's illegal actions of 3rd Nov, a simple executive order is needed. This is the opinion of 22 former judges of the Supreme Court and 5 former Chief Justices (including many of those who did not take oath under any PCO).
4.1) The only reason why a 2/3rd majority would be needed is if Musharraf's actions of Nov 3rd were considered legal, which he himself has confessed were illegal many a times.
4.2) The argument for needing 2/3rd majority for overturning illegal actions of Musharraf is in conflict with the Charter of Democracy.
4.3) The PPP already has overdone some of Musharraf's illegal actions through executive orders. For instance the incarceration of the deposed judges was illegal and was overturned with an executive order. In the very same way the deposed judges can be restored through a simple executive order. - Public sentiment is strongly supportive of this. According to the IRI statistics:
- 73 % of Pakistanis oppose the PCO judges.
- 81 % of Pakistanis want the CJ Iftikhar Chaudhry back to his rightful office.
- 72 % want IMMEDIATE removal of Musharraf.
- 66 % of Pakistanis support lawyers, students and civil society in their protests.
- There are many PPP leaders who are on record for promising to restore the judges if elected to power. There are many more who had promised removal of Musharraf. Even Benazir Bhutto also promised to reinstate Chief Justice and the deposed judges, a statement that has not been retracted and stays on the record. By going eating its own words, the PPP has undermined its credibility in the eyes of the people. IRI polls suggested that the PPP would get more than 50% of the votes but ended up getting only 31% because it did not take a stance on the restoration of the judges.
- PPP was actively involved in the restoration of the Chief Justice after March 9th, 2007. They had organized rallies, protests, hunger strikes and welcome receptions for him. The first major demonstration demanding immediate restoration of the Chief Justice was held in Islamabad on Friday, March 16th and was attended by Makhdoom Amin Fahim, Raza Rabbani, Yousaf Raza Gillani, Raja Pervez Ashraf, Jehangir Badar, Nisar Khoro, Naheed Khan, Sherry Rehman, Safdar Abbasi, Latif Khosa, Fauzia Wahab, Fehmida Mirza, Azra Fazal, Nayyar Bokhari and Enver Baig of the PPP. When it was not in power the PPP actively engaged in public pressure against Musharraf for the reinstatement of one person. After coming in power it has categorically said that it will not reinstate "personalities" which tarnishes its credibility further and desecrates the blood of 40 of its workers who gave their live in Karachi for the restoration of one person, the Chief Justice.
If the PPP is ditching the movement after coming to power should we believe that the PPP merely hijacked the movement for its own political gains? - Civil society all across Pakistan is unanimous in their position. They have been silent to give PPP more time as had requested by Mr. Asif Zardari. However we will return to the streets very soon now.
Our position:- Our struggle is for complete restitution of the Pre-Nov 3rd judiciary with all its powers and members. There will be no compromise on that.
- We believe a simple executive order is enough to overrule the illegal actions of Musharraf.
- For moral backing a parliamentary resolution may be called for to show the will of the people of Pakistan. Once a resolution is passed, the executive will be bound under article 5 and 190 of the Constitution to take immediate measures restoring all chief justices and judges removed on 3 November 2007 and issue necessary directions to concerned law enforcement agencies enabling the deposed judges to resume their judicial duties.
- All the deposed judges are still the real judges of Pakistan. Honorable Chief Justice Iftikhar Muhammad Chaudhry is still the real Chief Justice of Pakistan.
- We do not accept those who were inducted after the PCO (commonly known as PCO judges but it is really a disgrace to call them judges). Accepting the PCO judges will also be against the Charter of Democracy. The PPP must not go against the Charter of Democracy.
- Our stance is in line with the opinion of all of the lawyers and bar councils of Pakistan, 21 former judges of the Supreme Court, 5 former Chief Justices of the Supreme Court and the vast majority of Pakistanis.
- We do not accept Musharraf as a legal ruler of Pakistan and all his actions of 3rd Nov are acts of high treason to be punished by the strictest possible punishment under article 6 of the Constitution.
- We will always work for rule of law and democracy in Pakistan. We believe this can not be done without the restoration of the judiciary.
- Supremacy of the Constitution and the Parliament must always be respected. However we deserve the right to criticize and expose any elected or unelected member for any undemocratic or inappropriate actions.
- Our struggle is for complete restitution of the Pre-Nov 3rd judiciary with all its powers and members. There will be no compromise on that.
Text of Charter of Democracy: http://www.dawn.com/2006/05/16
IRI Polls of November 2007: http://www.iri.org/mena
IRI Polls of January 2008: http://www.iri.org/mena
People's Party Workers Preparing for Welcome of CJP: http://www.dawn.com/2007/05/06
PPP's MNAs and other key figures at rally demanding reinstatement of a personality: http://www.dawn.com/2007/03/17
PPP demanding to include PCO judges: http://www.dawn.com/2008/05/12
In Solidarity,
Samad
--
**^**^**^**^**^**^**^**^**^**^
Samad Khurram
Harvard College
394 Winthrop House Mail Center
Cambridge, MA 02138
E-Mail: skhurram@fas.harvard.edu
Cell(US): +1-(617)960-7289
Cell(PK): +92-300-5599085
Sunday, May 11, 2008
Nationwide Protests for the immediate restoration of the deposed judges
Friends,
One more day to go for the deadline and it does not seem like the judges are going to be restored. Hence there will be protests in Karachi, Lahore and Islamabad on Sunday, May 11th 2008 for the immediate restoration of the deposed judges and for purging the judiciary free from the PCO inductees and conspirators of the Nov 3rd coup. Please come to the protest in whichever city you are based in and also inform all your friends in Pakistan.
The battle for the judiciary will go on. AZAAD ADLIYA KO BAHAAL KERO!
6:15 - 7: 30 pm
Walk to the legal CJ of SHC, Justice Sabiuddin's house
6:00 - 7:30 pm
CCP Rally
5:30 - 6: 30 pm
Candlelight vigil and peaceful protest.
OUR DEMANDS
2. We believe a simple executive order is enough to overrule the illegal actions of Musharraf. The delay is becoming unbearable.
3. We do not accept those judges who were inducted after the PCO.
Our stance is in line with the opinion of all of the lawyers and bar councils of Pakistan, 21 former judges of the Supreme Court, 5 former Chief Justices of the Supreme Court and the vast majority of Pakistanis.
Looking forward to your wholehearted participation:
People's Resistance
Student Action Committee
Awami Jamhoori Itehad
Insani Haqooq Itehad
FAST Rising
Young Professionals Lahore
Concerned Citizens of Pakistan
and many other groups of concerned Pakistanis across the country.
"Aisay dastoor ko, subh-e baynoor ko, mai nahin manta, mai nahin janta" - Habib Jalib
Friday, May 9, 2008
The Establishment's B team: The PPP
By Samad Khurram and Aqil Sajjad
PPP sympathisers complain about the mysterious "Establishment" and their alleged role in destroying democracy in Pakistan for decades now. The Establishment, as defined by them, is a collection of dark, mystifying hands that apparently have many vested interests in upholding the status quo. This inexplicable group comprises rich army officers, the intelligence agencies and foreign hands who scheme together for their own economic and geo-strategic interests. To support this argument, examples of the Mullah-Military Alliance from the 1980s are repeated. The Establishment supposedly destroys institutions, murders politicians, blackmails judges and leaders, and sustains the Military Inc.
One major threat to the Establishment's hold would be an independent judiciary – a judiciary that will not bow down to pressure, sticks or carrots. Historically, many verdicts of our courts were not independent but extorted by threats and intimidation. Judges had regularly fallen victim to blackmail and "sex tapes" and received dictations from the Establishment. Judges who were bold enough not to obey the whims of the Establishment were conveniently removed.
Things changed considerably when Chief Justice Iftikhar Mohammad Chaudhry took charge and reoriented the judiciary's direction in favour of the people. He was becoming increasingly independent and was beginning to check the excesses of the establishment. Among the most noted examples in this regard were the attempted loot privatisation of the Steel Mills well below their real worth and the case of the missing people illegally abducted and detained by the intelligence agencies.
As he became a growing threat to the Establishment, Iftikhar Chaudhry was summoned to General Musharraf's camp office in the presence of serving military officers and the infamous Brig (r) Ejaz Shah on March 9, 2007. When he refused to resign, the nation stood up in his defence. This was unprecedented in the history of Pakistan and soon Chief Justice Iftikhar Chaudhry became a national hero, arguably the most popular Pakistani alive today.
After his reinstatement with the support of lawyers, students and civil society the judiciary was able to exercise its powers with increasing independence. Naturally, the Establishment could not allow such a judiciary to flourish, as their dirty games could now be brought to justice before an independent tribunal.
Pervez Musharraf struck back with his Nov 3 martial law and 60 judges refused to recognise it as legitimate. New cronies were appointed in the place of those who refused to bow down and the judiciary was tamed once again.
The results of the Feb 18 elections, however, have presented the PPP and PML-N with a golden opportunity to undo the illegal actions of Nov 3 and restore the real judiciary. Unfortunately, while the PML-N has maintained a clear stance in favour of restoring the judiciary, the PPP has been acting as the "B team" of the Establishment.
It is commonly believed that the NRO prevented the PPP from including the widely popular demand for restoration of the judges in its manifesto. The IRI polls of November suggested that an overwhelming majority (73 per cent) of Pakistanis opposed the PCO judges and Musharraf's re-election (72 per cent). In addition, 61 per cent of Pakistanis and more than half of PPP voters opposed a Musharraf-Bhutto deal in November 2007. By going against popular opinion and supporting an unconstitutional and widely hated president, the PPP was starting its political decline.
Public sentiment swayed towards the PPP after the tragic assassination of Benazir Bhutto. IRI's January polls suggested that 50 per cent of Pakistan would vote for the PPP in the elections, up from 30 per cent in November. When the PPP refused to take a clear position for the restoration of the judiciary, its success was reduced to 31 per cent of the total votes in the country and 35 per cent of National Assembly seats. Many people still voted for the PPP in the hope that the absence of an unequivocal stance was only a reflection of different priorities and not as part of the Musharraf-Bhutto deal. The PML-N, on the other hand, gained 5 per cent more seats than earlier calculated -- a reward from the people of Pakistan for clearly declaring a no-compromise policy on the restoration of the heroes of Pakistan.
The stance for the restoration of the judges is not only popular but also in the greater interests of Pakistan. By restoring all judges who refused to take oath under the Nov 3 PCO, the judiciary would be cleared of those who could be bought or blackmailed. The judges would only be those who had refused to obey the Establishment's instructions and stood for principles over positions or money. If the PPP plans to bring to justice the killers of Benazir Bhutto, this independent judiciary will be its best hope for the punishment of the culprits.
Unfortunately, instead of standing up for such a judiciary, the PPP is deliberately confusing a straightforward issue when all that is needed is to provide administrative support to Chief Justice Iftikhar Chaudhry and the other deposed judges so that they can go to their chambers and resume their duties. Legally, they are still the real judges since the Nov 3 action was a clear violation of the Constitution.
In the same way, the judges who agreed to collaborate with Pervez Musharraf in this conspiracy can and should be made dysfunctional and tried by a supreme judicial council in light of the last order by the real Supreme Court on Nov 3 barring any judge from taking oath under the new PCO. This is the constitutional position and there is no need to deliberately find excuses for retaining these PCO judges, as the PPP is doing.
The PPP's delaying tactics and the minus-one, minus-two formulas are seriously undermining its credibility among the people of Pakistan. This is not only threatening its vote bank and creating rifts within the party, it also suggests that the PPP of today is no longer the party of Zulfikar Bhutto – a party that promised justice to all. And worse, by not purging the Nov 3 conspirators from the courts, it is implicitly welcoming similar future takeovers. If an act of the Establishment were to be taken to a court dominated by PCO-powered scions we can easily tell in whose favour they would vote.
We firmly believe that the only way for the PPP to put Pakistan on a sustainable path of democracy is to strengthen institutions and submit to the will of the real rulers -- the people of Pakistan. As we had pointed out earlier, an overwhelming majority of Pakistanis not only wants an immediate restoration of the deposed judges but also the dismissal of the Nov 3 PCO judges. By not doing so and aligning itself with the Establishment, the PPP is committing political suicide which, as well as affecting its votes, will leave open the way for future coups by the military establishment.
The writers are students at Harvard University and members of the Student Action Committees (SAC) of Islamabad and the US. Emails: skhurram@fas.harvard.edu & aqil_sajjad@yahoo.ca
Thursday, May 8, 2008
Nationwide Protests for the immediate restoration of the deposed judges
Friends,
There will be protests in Karachi, Lahore and Islamabad on Thursday, May 8th 2008 for the immediate restoration of the deposed judges and for purging the judiciary free from the PCO inductees and conspirators of the Nov 3rd coup. Please come to the protest in whichever city you are based in and also inform all your friends in Pakistan.
The battle for the judiciary will go on. AZAAD ADLIYA KO BAHAAL KERO!
6:15 - 7: 30 pm
Walk to the legal CJ of SHC, Justice Sabiuddin's house
6:30 - 7:30 pm
Candlelight vigil and peaceful protest.
5:30 - 6: 30 pm
Candlelight vigil and peaceful protest.
2. We believe a simple executive order is enough to overrule the illegal actions of Musharraf. The delay is becoming unbearable.
3. We do not accept those judges who were inducted after the PCO.
Looking forward to your wholehearted participation:
People's Resistance
Student Action Committee
Awami Jamhoori Itehad
Insani Haqooq Itehad
FAST Rising
Young Professionals Lahore
Concerned Citizens of Pakistan
and many other groups of concerned Pakistanis across the country.
"Aisay dastoor ko, subh-e baynoor ko, mai nahin manta, mai nahin janta" - Habib Jalib
______________________________
Sunday, May 4, 2008
Zardari's Great Game ? ? ? ?
Not a big fan of speculative politics but events have been really worrying. Zardari does not seem reliable. If you look at the track of events, it does seem like Zardari is only buying time so that he is able to replace PML-N in the center. The establishment has been rewarding him as well with swift disposal of cases. The last time this happened, PML-Q emerged. I am listing down all the works of Zardari and the establishment and trying to see if other people I trust find it to be suspicious and thinking about exposing this all formally.
The works of the establishment:
- Zardari's murder cases dropped
- Zardari's corruption cases dropped
- BA requirement dropped
- By-elections delayed
- Attacks on lawyers, another massacre in Karachi and attack on Sher Afgan to divert attention
- Petition put in SC when the count down is nearing its end to stop the restoration
- Food, electricity, Oil crises (might not be intentional but do divert focus from the movement).
- Supporting Negotiations between MQM and PPP; PML-Q and PPP (http://www.pakistanlink.com
/Headlines/May08/02/09.htm )
The works of Zardari:
- No question of impeachment raised by Zardari (and his wife in an email to CNN said she would blame Musharraf for her murder!)
- PPP members have even called Musharraf "an asset" for Pakistan
- Needless delay over the judges. Creation of a issue out of a non issue.
- Active hostility towards the judiciary and lawyers (the only lucky ones to have been issued a charge sheet)
- Telling Aitzaz to shut up and go on with his agitation; as if he cared. Also ridiculing the whole deadline with "yeh ulti ginti walay baaz aa jayain."
- Creation of confusion by offering indecent offers such as minus one, minus two and offering to make CJ the governor of Balochistan
- Deliberate confusion over the date of countdown, by Zardari, Sherry Rehman, etc
- Trying to find replacement for pro-judiciary PML-N through MQM and others in the guise of "national reconciliation".
- Constitutional Package.
- Backdoor meetings between PPP and Musharraf
- Retention of Malik Qayyum as AG and his clear shift to becoming pro-Zardari and also supporting many court decisions that were pro-Zardari.
- Delaying the issue of restoration from the first parliament session to 30 days.
- Then creation of a committee which leads to deadlock.
- Deadline about to pass and Zardari mysteriously runs out of the country.
- Another deadline set. 12 more days bought.
- Zardari says this deadline not binding either (http://www.hindu.com/thehindu
/holnus/000200805031521.htm )
- Media bashing by the PPP (http://thenews.jang.com.pk
/daily_detail.asp?id=110426 ) - Forward bloc of PML-Q formed, will support PPP
- MQM who was responsible for 40 odd deaths of PPP workers on 12the May alone. joins PPP govt. (However it is also true that its hard to rule Sindh without MQM).
- Zardari willing to accept PML-Q if Shujaat and Elahi are removed.
- Today's news: Musharraf meets with Shujaat and discusses new leadership for PML-United, all cronies under one banner.
- Pir Pagaro most likely candidate to lead the party. Pir Pagaro will be acceptable to PPP workers who jootafied Arbab Ghulam Rahim.
- Zardari trying to include PCO-judges as well as later appointments, which neither takes the judiciary to pre-Nov 3rd position nor will be acceptable by any of us or the lawyers or PML-N
Foreign Influence:
- US Still supporting Musharraf.
- Peterson meeting Zardari Nawaz every other day
- EU foreign policy chief claims Mush to stay till his end of tenure!
-SK
Restitution of judges: A case for constitutional survival
The long-drawn parleys between Nawaz Sharif and Asif Ali Zardari for implementation of Murree Declaration of March 9, 2008 on restitution of judges has serious implication for determining whether 8-year-long dictatorial rule in Pakistan will end or not. The issue of restitution of judges (reinstatement is wrong notion as they are still judges) is in fact a question of great important vis-Ã -vis constitutional rule in Pakistan. In parleys between leaders of coalition partners in Karachi, Dubai and elsewhere, the issue reportedly was to devise a “correct legal methodology” to counter the strategy of Musharraf camp to block the move through a stay order from apex court. One wonder why the political forces are not uprooting the root-cause by impeaching the unconstitutionally-imposed President, rather than waiting for his purported further illegal actions.
Illegally removed judge, in fact, never ceased as judges. The question is not that of their reinstatement but ordering of status quo ante existing on November 2, 2007. The Parliament unquestionably and unambiguously under the Constitution has full authority to do so. Unfortunately, the Musharraf camp, with the connivance of certain elements in judiciary and political parties, has managed to create confusion in this regard. The Musharraf’s propaganda machine using certain quarters, including some members of legal fraternity, started a debate that in the presence of judgements, namely, Tika Iqbal Muhammad Khan v General Pervez Musharraf and 2 others (PLD 2008 Supreme Court 6) and Tika Iqbal Muhammad Khan v General Pervez Musharraf and others (PLD 2008 Supreme Court 178), it is not possible to restore the judges through passing of a resolution in the Parliament and/or an executive order.
These quarters conveniently ignore the fact that these judgements are coram non judice, issued after seven-member bench declared action of November 3, 2007 illegal. These judgements also have no binding force as reached per incuriam in view of ratio decided by the apex court in PLD 1997 SC 351. On the one hand, it has been recorded that “Prime Minister apprised the President of the situation through the letter of 3rd November 2007” for imposition of emergency, and on the other order passed by the Chief of Army Staff is approved, which is self-contradictory. The decision does not elaborate under what authority of law Chief of Army Staff could impose emergency on the advice of Prime Minister. It is held that judges “who have not been given, and who have not made, oath under the Oath of Office (Judges) Order, 2007, have ceased to hold their offices on the 3rd day of November, 2007.” Since the Oath of Office (Judges) Order, 2007 is void ab initio, any proceedings taken in pursuance of the same are nullity in the eye of law. No judge can be removed except the method provided in Article 209 of the Constitution.
Since the judgements of apex court, issued after seven-member bench declaring action of November 3, 2007, are untenable, the restitution of judges, deposed through a law violative of express provisions of the Constitution, poses no problem. The newly-elected parliament by refusing to validate Article 270AAA and passing an Act nullifying the judgement of Supreme Court can restitute the pre-November 3, 2007 judiciary. The matter is of simple legal nature and should be solved through a legal procedure rather than entering into political polemics and undue controversies. This will not be the first time that the Parliament will nullify a judgement of apex court; it was done in the past by passing a law through simple majority. Numerous precedents are available to this effect, which Mr. Farooq H Naik certainly knows. The act of Parliament will restore the rule of law in its real sense in the country and all the deposed judges will be restituted without any interference on the part of executive. If done through an executive order, it will set as bad an example as by the Musharraf on November 3, 2007. In future, any Chief of Army Staff or government can resort to such an illegality.
There, however, is no need for any constitutional amendment, for which two-third majority is required, as propounded by Abdul Hafeez Pirzada, Rashid Quershi, Malik Qayyum, Waseem Sajjad, Khalid Ranjha, and Ahmad Raza Kasuri et al. The Supreme Court after restitution of pre-November 3, 2007 judiciary will certainly take cognizance of the matter suo moto or on the initiation of aggrieved party [which is public at large] to correct the mistakes committed by their learned colleagues. It will restore the rule of law in its real sense in the country. All the judges [illegally removed] are still judges as action of November 3, 2007 was declared void ab initio by seven-member bench. The illegally removed judges must assume their offices immediately an Act is passed by the parliament nullifying the above-referred judgements. In addition, in terms of Article 190 of Constitution, all executive and judicial authorities throughout Pakistan are legally required to act in the aid of Supreme Court. Thus, the new government is duty bound to implement the order of seven-member bench of apex court of November 3, 2007.
However, the issue of ousting of judges, their house arrests, denying them right of free speech and movement and now hindrances in their restitution cannot be examined in isolation. This confirms that as a nation even after 61 years of existence, we have miserably failed to abide by rule of law. At the heart of the concept of democracy is the assurance for the citizens that their affairs are going to be managed by a ‘Responsible Government’ and rule of law will be ensured. If we analyse the Pakistani scenario in the light of the above basic principle, there will be utter disappointment and frustration. The conduct of each government after the death of Father of the Nation was to waste or plunder public money, force the people into international debt enslavement and mercilessly flout all rules and laws. Therefore, if we have failed to establish independent judiciary, true democracy or a responsible Government, it is not surprising. Dispensation of justice is the main pillar of democracy, which is not possible without ensuring independence of judiciary.
The Parliament, irrespective of allegiance of individual members, must rise to the occasion—which is their historic challenge—to take the following steps for the restitution of illegally deposed judges, which also take care of Mr. Zardari’s concern (sic) for “real change” and “truly independent judiciary”:
In its resolution, newly-elected parliament denounces all the acts taken on November 3, 2007 and resolves that for a true democratic and constitutional rule, a strong and independent judiciary is a sine qua non. Thereafter, the following bills should be tabled and passed:
Bill for ‘High Treason Act 1973 (Amendment Act 2008).
This Act amending High Treason Act, 1973 should provide that that in case of violation of Article 6 of Constitution, it will be incumbent upon the apex court to take immediate cognizance and direct the Attorney General of Pakistan to initiate trial of offender. Thus in future, the apex court instead of validating any violation of Article 6 will be legally obliged to punish the offender(s). It will send clear message to imposer of emergency on November 3, 2007 to step down voluntarily or face trial for his admitted extra-constitutional acts.
Bill for ‘Oath of Judges, Act, 2008’ (invalidating Oath of Office (Judges) Order 2007).
By Passing this Act, the National Assembly will pave the way for reinstatement of November 2, 2007 Judiciary and nullify the judgements of apex court, namely, Tika Iqbal Muhammad Khan v General Pervez Musharraf and others (PLD 2008 Supreme Court 178) and Tika Iqbal Muhammad Khan v General Pervez Musharraf and 2 others (PLD 2008 Supreme Court 6). With the passing of this Act, in future no judge will be removed through any executive order or through any law related to oath of judges.
Bill for National Reconciliation Act 2008 (NRA)
In National Reconciliation Ordinance 2007, Musharraf intentionally excluded cases registered after 12 October 1999 for ulterior motives to exclude Nawaz Sharif and Shahbaz Sharif. In order to create a genuine atmosphere of national reconciliation and put an end to political victimization, this new Act should be passed immediately removing all the time-specific and person-specific provisions in NRO, 2007, which are in direct conflict with Constitution, and extending its scope to all the persons affected.
The above measures will pave the way for a new beginning in this country ensuring the rule of law, constitutionalism, democracy and justice through an independent judiciary.
_______________________________________________________
The writers (ikram@huzaimaikram.com), tax advisers, legal historians and authors, are visiting Professors of
DR. IKRAMUL HAQLLD, MA, LLBInternational Tax Counsel
Saturday, May 3, 2008
Open letter to Asif Zardari- By Ghazala Minallah
Dear Mr Asif Ali Zardari,
THE election result was an answer to the prayers of the nation. However, the forces of evil forces have been bending over backwards trying to sabotage the democratic process and incite the lawyers into entering into a confrontation with the new government.
They need to be told that we are not the gullible sheep of the past. I am a born optimist, and while writing this, a part of me tells me not to be silly. I want to believe that the Bhurban accord will be honoured and that the tenure will be as it was on Nov 2.
The nation is absolutely not prepared to consider such a humiliating option. It is humiliating for the deposed judges, who for the sake of this ravaged country, put their families at risk. You must have experienced that fear too when Shaheed Mohtarma Benazir Bhutto returned to Pakistan last October.
It will be an insult to her memory because she risked her life for democracy, and she, above all, knew what an independent judge meant.
It is trivialising the sacrifices of the lawyers, who, despite all odds, have stood their ground for over a year. The world has already accepted Justice Iftikhar Chaudhry and the 60 honourable judges as icons of the struggle for an independent judiciary. Theirs and the names of thousands of brave lawyers have already gone down in history for all times.
A compromised restoration will be an insult to the memory of Hammad Raza, the first precious life lost after March 9, 2007. What about the massacre on May 12, the carnage the day Benazir landed in Karachi, the brutality unleashed on lawyers and civil society, the inhuman act of burning lawyers alive in Karachi? It will be insulting the memory of Shaheed Mohtarma Benazir Bhutto, whose mission was to restore democracy, and who better than her knew the value of an independent judge. The nation lost a great leader on that tragic day.
Too much water has flowed under the bridge, and it is unthinkable that after getting this far, there can be talk about actually penalising the judges. Because that's exactly what this act would be.
Mr Zardari, I am fully aware of your sufferings, the brutal act of cutting your tongue, your long years in prison, and the fact that you did not have a pleasant experience with the judiciary at the time. We condemned it then and we condemn it now. But, sir, it was a different Pakistan then, which I say with regret. As I said earlier, we were a nation of sheep. Why am I not writing to President Musharraf? Because one pleads before someone who you have faith will relate to you — and that's the beauty of democracy.
My late father, Justice Safdar Shah, was a victim of an amendment in the Constitution by Mr Z.A. Bhutto when he was chief justice of the Peshawar High Court, identical to the one I am writing about. An ideal person to be appointed judge of the Supreme Court by Gen Zia and to be party to the judicial murder of the very same man. Fortunately, he refused to sell his soul, and the rest is history. At least today I can hold my head up high.
Many other honourable judges have stood up for the independence of the judiciary in the past, but they were not supported the way these judges were.
The nation has suffered long enough. The president has ravaged the country for nine years and wants five more. Yet time is being wasted on whether the deposed judges (real for me) should have their wings clipped. The president uses words such as 'scum of the earth' for a man whom the world has honoured, and gets away with it. We are stuck with an attorney-general whose father was party to the judicial murder of Mr Bhutto. Certain ministers are visiting the man who wrote in his book that the worst thing that happened to this country was Zulfikar Ali Bhutto.
Why is there intrigue and jealousy against the likes of Aitzaz Ahsan? Should we forget how Muneer Malik was tortured? Men of principle like Ali Ahmad Kurd, Justice Tariq Mehmood and so many others who led this movement are a rare commodity. Why are people like Sharifuddin Pirzada and Maulvi Iqbal Haider allowed to assist the Supreme Court in mutilating the Constitution?
Yet priceless assets like the honourable Justices Wajihuddin and Fakhruddin G. Ebrahim are ignored. Mr Zardari, I recall clearly the conversation between late Mohtarma Benazir Bhutto and my late father just before she returned to Pakistan in 1986. Amongst other things, he repeatedly told her not to surround herself with sycophants, and that Mr Bhutto's fate was because of such elements.
Mr Zardari, do you realise the importance of the opportunity God has given you? In the past we have had independent judges but never an independent judiciary.
The hearts of the nation are with you in the torment you must feel for your children since the loss of their mother. You can either prove yourself to be a selfless, pragmatic leader, rising above personal grudges, or you can go down in history as the man who deprived this nation of an opportunity that can come only once in a lifetime.
Sir, I have confidence that inshallah you will do the right thing, and that you will put the wishes of the people and the salvation of Pakistan first.
Thursday, May 1, 2008
Thirty nine persons recorded disappeared during the first quarter of 2008
Thirty nine (39) persons, mostly young people, remain missing after arrest during the first quarter of 2008; their whereabouts are unknown to their families. The state intelligence agencies are still operative in arbitrarily arresting people, keeping them in custody for several months and torturing them to confess their involvement in crimes against the state. After the general elections of February 2008, about 27 persons disappeared after arrests by the Elite Force, a state intelligence agency working under the Pakistan Army. According to the reports collected by the Defence of Human Rights, an organization working on the recovery of disappeared persons, and Baloch Rights Council, an umbrella organization of several Baloch nationalist organizations, more than 65 persons have been disappeared after the imposition of the state of emergency by President Musharraf, (who was then General Musharraf) on November 3, 2007.
The latest disappearance is that of Mr. Asad Ali Shah, a 24 year old teacher of Saint Paul, Rawalpindi, who was arrested on March 22, 2008, just two days before the new elected assembly took oaths. Mr. Shah's mother and father who were interviewed by the BBC said he was arrested by the Elite Force. He was taken from his home in the early hours of the morning by personnel from the Elite Force who told his parents that they would return him within 15 minutes as they wanted him to support a statement. However, until now there is no news about him. His family is afraid that wherever he is, he is being severely tortured. The Baloch Rights Council claims that 23 persons are missing from districts of Dera Bugti and Sui, Balochistan province after their arrest by plain clothes men driving in police vans since the start of March 2008, just weeks after the general elections of February 18.
Since 2001, when the war on terror began, it is reported by the several nationalists and religious groups that about 5000 persons remain disappeared after arrests. In the southern province of Balochistan, nationalist groups and political parties are claiming that about 4000 persons are missing since the military operation began in the province in year 2001 and that the Pakistan Army has killed several hundred persons in aerial bombardments. In the North Western Frontier Province, where the Pakistani military and foreign forces are carrying out operations against militants, the media and political parties are claiming that more than 1000 persons are missing and that their whereabouts remain unknown. The nationalist forces of Sindh province claim that about 100 persons have been disappeared but that some of them were released after the intervention of the Supreme Court and Sindh High Court. In Punjab province most of those arrested were from some religious groups working in southern and north western areas of the Punjab province. The figure goes to more than 100 persons.
The newly formed civilian government of Pakistan particularly, the Prime Minister Syed Yousaf Raza Gillani have still not mentioned about the fate of disappeared persons after their arrests by the state intelligence agencies. The issue of the disappearances was one of the main issues which caused the dismissal of the deposed Chief Justice and whole higher judiciary by the military rulers. The state agencies are still operating freely to arrest any one with out any legal authority and keeping persons incommunicado for several months during which time they are tortured. The new government must realise that their indifferent attitude towards the issue of disappearances will only strengthened the resolve of the intelligence agencies of the army to run a parallel rule of law contrary to constitution and civilian laws.
This is the time for the newly formed coalition government to take the issue of disappeared person as one of the priority issue for their government's 100 days task, which was announced by the prime minister after formation of his government. The government of Prime Minister Syed Yousaf Raza Gillani should announce policy statement about the fate of disappeared persons and their release and make a committee of parliamentarians to record statement from all those persons who were released from the captivity of intelligence agencies. The government should also seriously take the notice of the testimonies of the released persons about the military torture camps in all big cities of the country and immediately start a probe of them.
The Changing Face of the PPP
At this juncture, we, the members of the civil society, must not be disheartened. Looking back over the last year, it would have been unthinkable to foresee that democratic forces would be in power and the much-maligned political parties, who also were responsible for their demise, would be provided with one more opportunity to undo the blunders of the past and to provide this nation of ours a bright future.
The struggle has been marked with uphill battles yet slowly but surely, the status quo is crumbling. With this respect, the Pakistan People's Party and the Muslim league Nawaz benefited considerably. We may recall that prior to the Feb 18 elections, Mr Zardari's criticism of Musharraf and the Q league was as harsh as that coming out of the Nawaz camp. Since the elections, the PPP's public statements and private conducts have been in complete odds with each other. PPP continuously stated in the media that the roomers of linking the restoration with a minus 1 formula or the reduction in the tenure of the CJ are unfounded and are a conspiracy. When it was repeatedly reported that senior PPP leaders were holding late night meetings with the establishment, including secret meetings with the present illegal judges, the party dismissed these also. Everything is crystal clear now, isn't it? The unprecedented speed with which the cases has been finalized in Zardari's favor are secret to no one. The recent attack on the CJ, specifically in reference to Mr Zardari's case from 2004 supposedly in his court. We must also remember that justice Iftikhar Chaudhry assumed the office of the CJ on July 1, 2005 and was just one of 17 judges prior to that date.
As seen in Mr Zardari's interview with Dr. Shahid, he discredited the lawyers and the civil society's movement. It appeared as if Musharraf is speaking and not the leader of Pakistan People's party. Many honest Pakistanis admired Zulfikar Bhutto and his sacrifices. However, do you think Mr Bhutto would at any point side with the dictator? His movement was driven by the people of this country. Can, the son in law, who never perhaps met Bhutto, blackmail the nation by citing the sacrifices of the party leaders whenever any substantive issue comes up? Maybe we should ask this question of Ms Fatima Bhutto, the daughter of Mir Martaza Bhutto.
It certainly is a decision for the party about what role is given to Mr Zardari according to some will. However, can the struggle of this nation be held hostage to one man's tittering one it comes to the issues that matter? PPP is suggesting that there is a conspiracy against them. Let us be clear-
The PPP's stance of diluting the powers of the independent judges is perfectly aligned with that of Musharraf and the USA.
So, on one hand are the forces that want a significantly weakened judiciary and on the other hand are the students and the lawyers. And despite the enormous might of the powerful, Musharraf and the United States are crumbling in the eyes of the nation. A sincere request to all the pro PPP persons, whose side are you on?
Student Action Committee takes to the streets for judiciary again
The message was loud and clear, as repeated over and over by the various speakers. "You the politicians are the representatives of the people, you are answerable to us. We have elected you. You have come on our mandate, and you must stick to the task entrusted on you. We, the people, elected you to restore our judiciary. A restoration that comes with no strings attached. A minus one formula or the reduction of judicial tenures; no such side policies will be appreciated and will be tantamount to a betrayal of the public's trust."
The students made a human chain around the intersection along the rally's way, followed by a picket line around the PPP secretariat. The rally lasted for about an hour and a half, with the students peacefully dispersing as has become the tradition of these student-led protests.
