It is not yet a student movement but at least the student community is in motion and ferment again after a lapse of a couple of decades. Whether this will develop into a movement is still to be seen. Students who had been absent, during the period from March to November in the struggle for the rule of law and for the freedom of the press, were suddenly galvanised by the events of 3rd November and the subsequent destruction of the constitution and the judiciary by Gen Musharraf. This is all the more remarkable as these students are primarily from the elite universities whom one would think have benefited most from the consumer boom and the neo-liberal policies of Musharraf and Shaukat Aziz. It is easy to be cynical about this embryo movement but there has already been one very significant and positive development and that is the fact that after nearly forty years the hold of the IJT on the Punjab University Campus seems to be broken. It is astonishing how rapidly the “hawa” of the IJT collapsed with the visit of Imran Khan to PU. In retrospect it is clear that the political atmosphere there had changed and it only required a trigger to precipitate that change. That trigger was provided by Imran’s visit. For the first time girls at PU are able to voice their opinions without the fear of the IJT goondas.
A few days ago I attended a meeting of students, from various universities in Lahore, who are organising the student demonstrations against Musharraf and for the restoration of the pre 3rd of November Supreme Court. The students, like other sectors of society, are demonstrating for the withdrawal of Emergency, restoration of the Constitution will all fundamental rights, for a free judiciary, removal of judges appointed under the infamous PCO and the withdrawal of the ban and restrictions on all print and electronic media. They see these minimum steps as prerequisites to re-establishing the rule of law in this country, so blatantly violated by Musharraf, and to ensuring that there will be free and fair elections.
The meeting took me back forty years to when I attended meetings of the Students for a Democratic Society, the famous SDS, at the University of Chicago. The SDS originally was concerned with civil rights issues, like the condition of Black Americans and the question of free speech (recall the Berkeley Free Speech Movement, led by Mario Savio). It later became the leading student group against the war on most US campuses. Its working strategy was based on participatory democracy and direct action. It was characterised by radicalism and student power. It had a strong belief in decentralisation and a distrust for most organisation and operated on a meagre budget and did not have a strong central bureaucracy. The meeting in Lahore reflected many of these aspects of the SDS. The same idealistic, youthful faces, chaotic meeting, no acceptance of leaders, wariness of leaders within the student movement and without, a multitude of different positions, a fear of the major parties using the student movement for their own purposes, hours and hours of discussion before any decision was taken, the striving for consensus and the stress on non-violence.
Following this meeting I participated in the student demonstration at Liberty Chowk on Friday the 30th. It was wonderful to see the youthful energy, the enthusiasm and the idealism of these students. It was the more surprising in that the majority of these students belonged to the well off classes, coming mostly from elite universities like LUMS, FAST, BNU with very few from PU for example. For me what is amazing is that these students are coming out to protest not for themselves per se (they are pretty well off and their future is assured) but for democratic principles and to safeguard the future of Pakistan. Unlike the SDS’s Free Speech Movement, which was for the right of free speech on campuses, or the anti-Vietnam movement, which was fuelled by the fear of the draft, Pakistani students are taking a stand on principles, which they rightly believe are necessary for a democratic and modern Pakistan. They see that the future of Pakistan is inexorably linked with democracy and the rule of law and for the end of military rule, whether direct or disguised. I do not here intend to belittle the SDS because not only did it play a vital role in the anti-Vietnam war movement but in spite of being essentially a white middle class organisation based in the elite universities (Harvard, Columbia, Chicago, Berkeley) it did actively make civil rights for Black Americans a central part of its programme and activities.
It is very easy to be critical of these upper class students. But from what I saw they are sincere in their wish to see Pakistan a democratic and just society. However, unlike the SDS which took up the cause of the disenfranchised and oppressed black population of the States, the student movement in Pakistan, much like the rest of the so-called civil society (a phrase which I dislike as it doesn’t mean anything; are others uncivil?), has not yet talked about the tremendous poverty in this country and has not yet taken up the issues of economic and social justice. The history of the SDS was different as it grew out of a socialist educational organisation. In contrast to the SDS, the Students Action Committee in Lahore is fairly heterogeneous, with very few students who consider themselves “leftists” (socialism is still a taboo word). However I had the impression that the leading role was being taken by progressive students. There were students, at the meeting, who could be classified as “rightists”. But these are early days and there is the need for unity of action concentrated on immediate issues of democracy and justice. Nevertheless some students who believe that the struggle should be linked to issues of social and economic justice have formed a more restricted Progressive Student Action Committee.
Given the class background of most of these students, they are still wary of taking direct action on the streets unlike the legal community and journalists. Most of the action has been limited to protests on campus but recently in Lahore there have been two major demonstrations on the streets organised by students, one a march from the Press Club to the Geo offices on Davis Road and the other the demonstration at Liberty. However there have been small quick `guerrilla’ actions by a handful of students. The students are not yet prepared to really go on the streets, like for example protest on the Mall and stop the traffic. They do not want a confrontation with the police, even in a non-violent manner.
Another interesting fact already mentioned above is that from March till 3rd November students as a group did not take active part in the protests. True there were individual students who were very active in Islamabad in front of the Supreme Court during all this time but they were there as individuals. But November 3 produced a qualitative change in that students joined the protests collectively. Something clicked at that point. As usual there are coincidental, contingent reasons for this change, e.g. the fact that some LUMS teachers happened to be at the HRCP office in Lahore on the 4th of November when the police arrived to break up the meeting and arrest the participants, including the LUMS teachers. This is what triggered student activism at LUMS and focussed the minds of students on the nature of the Musharraf regime. If there had not been this incident I doubt if LUMS students would have protested. But history is full of contingent causes.
In spite of these limitations I believe that the involvement of students is a very positive step towards the establishment of democracy and justice in Pakistan. I don’t want to overestimate the nascent student movement but neither do I want to downplay its significance. There is a call by the Students Action Committee for a nationwide student protest on 4th December. Students in the major cities of Pakistan are linking up and the success or otherwise of this protest day will tell us about the real strength of this movement and the prospects of its growth. One of the demands, which is beginning to be formulated, is student specific and that is for lifting the ban on student unions. In my opinion student unions are a healthy expression of student aspirations. Students are an important conscious element of society and their collective voice should be heard.
Another fact worth noting is that the lawyers and journalists movement has been joined not only by the usual suspects, NGOs and `civil society’ organisations and now students but also, perhaps surprisingly, by young professionals particularly in the IT sector. Both students and IT professionals are characterised by the fact that they belong to the modern Internet linked world. They have access to world media, particularly alternate media and this has broadened their perspectives on Pakistan. They are in a better position to situate Pakistan in the larger world context and are able to see how other countries and societies benefit from a democratic dispensation. Although the vast majority of the poor working classes are missing from this movement it is significant and a very positive development that at least some segments of the educated section of society are concerned with justice and democracy and do not just think of their own immediate welfare.
Within the last couple of years two events have given me hope for the future of Pakistan. The first event was the tremendous response by the people of Pakistan to the tragedy of the October 2005 earthquake. There was a huge aid effort mounted by ordinary people to help their fellow citizens in Kashmir and NWFP. But what I want to stress here is the response of the children of the elite. Students from all schools and universities, be they state or private, mobilised to collect relief and transport this to the affected areas. My point here is that the rich upper class students of institutions like LUMS, whom one would have suspected to have been immune to the suffering of the poor, also made large and significant contributions. I don’t want to make too much of this as I know that they still belong to the exploiting classes and when they went home after doing all the charity work they still had their drivers and servants. They didn’t think about raising their salaries or treating them better. But at least there is still a spark alive in them which allowed them to see for a moment the fellow humanity of the poor people affected by the earthquake. One can of course dismiss the earthquake charity work as noblesse oblige but I think it is more than that.
The earthquake relief effort by poor and rich alike from as far as Baluchistan and Sindh demonstrated that the ordinary people of Pakistan have a sense of unity. The earthquake brought out the feeling that we all, who live on this piece of earth, are in this together and we have to support and help each other. This feeling was more real and worth much more than all the platitudes mouthed by our dictators about national unity while they continue to bomb and kill their own fellow citizens.
The second series of events that give me hope for Pakistan is the response to the removal of the Chief Justice Iftikhar Chaudhry in March and the whole movement for the establishment of the rule of law and the end of one-man military rule in Pakistan. The fact that the educated conscious segment of society has come out for the defence of principles rather than personal short term gains is a good harbinger for the future of Pakistan. It is easy to say where are the masses? Does one forget so easily the thousands who came out to cheer and welcome the CJ on his drive from Islamabad to Lahore and the large crowds who gathered to listen to him wherever he went? These were not just lawyers. There were many ordinary citizens who realised that this was a historical period in Pakistan where for the first time the judiciary had stood up to defend the rule of law and its own institution against the arbitrary actions of a military dictator. The fact that students have joined them, even in limited numbers, is of great significance. Student activism on campus should be welcomed because for too long students have become apolitical and only interested in their own careers. If these events trigger even a few minds to think about the broader social and political problems of this country it will be a major positive development. For too long university campuses have become sterile without a semblance of debate. It is time that campuses again reverberate to fervent passionate debate and become breeding grounds for people who want to promote progressive social and political change in Pakistan.
Faheem Hussain
Visiting Professor of Physics
School of Science and Engineering
LUMS
Wednesday, December 5, 2007
A student movement?
Tuesday, December 4, 2007
Student Action Committee Protest at the Lahore Press Club
Lahore 04-12-2007:
A protest was held at the Lahore Press Club at 3 pm today (Tuesday) under the auspices of the Student Action Committee Lahore, which is comprised of 21 universities. At the same time, a parallel protest was being held in Islamabad, organised by the Islamabad Student Action Committee. In Lahore, about 200 students, lawyers, civil society activists and journalists gathered inside the press club holding placards and posters. The protesters formed a human chain around the Shimla Pahari, shouting slogans such as 'Adlia ki azadi tak jang rahe gi', 'Lathi goli ki sarkar nahin chale gi', 'Tulba maangain azadi', and 'Girti hui diwaar ko aik dhaka aur doo'. The protesters had originally aimed to march to the Geo office on Davis Road. However, since traffic was being blocked, the protesters decided to return to the press club so as not to cause inconvenience to motorists. Inside the press club, a number of speeches were made. Activist Hina Jillani, Bushra Aitzaz, and students from participating universities were among those who spoke. The speakers called for the reinstatement of the pre-November 3rd judiciary and the freeing of the media, and demanded that all political parties boycott the upcoming sham elections. The eviction of Justice Shahid Siddiqui, who refused to take oath under the PCO, from his house in GOR-I was condemned and the protesters were encouraged to go and protest outside the Justice's house. All the speakers encouraged the protesters to keep up their efforts and not back down until their goals had been achieved. The protesters then disbanded and many of them left for GOR-I. At the judge's residence, students joined lawyers, journalists and other activists outside Justice Shahid Siddiqui's house and chanted slogans. The Justice also came out to speak to the protesters and lauded the efforts of the lawyers, students, media and activists. The protest went ahead despite threats from the police to arrest students from the universities involved. FIRs have been registered against student and faculty who are thought to be leading the movement.-- RegardsPublic Relations ManagerLUMS Student Movement
(The Emergency Times -Eds_ Reports for the Islamabad protest will follow but of what is known it was a huge event with over 1000 protestors present and has succesfully registered the students demands.)
LUMS beseiged by Police
LUMS is currently surrounded by police personnel who have set up barricades near the front entrance. Inspection of all traffic going in and out of the University is underway. The professed motive is to prevent students from attending today's student rally at the Press Club.
Yesterday, a local SHO visited the LUMS campus and issued, in no uncertain terms, threats to abduct students who continued to participate in the protests. Similar intimidation attempts have been made in Islamabad, at people's homes.
The state continues to use totalitarian measures to curb the students' voice.
We will not back down.
In Complete Unity.
Monday, December 3, 2007
Student Action Committee issues call for the 4th
IS THERE STILL ROOM FOR HESITATION??
3rd November 2007 – Martial Law was imposed on Pakistan
Independent-minded judges have been sacked & the Sovereign judiciary has been turned into a sham Institution
The Last Check on the Absolute Power of the Executive is Gone! The Last Voice of Justice has been Muffled
The Judges or anyone who argued for the cause of Justice face arrest. Who is helping the terrorists? Are they? Are we? No! It is the state of injustice that is helping the Terrorists!
No matter what is done, how many of our fellow citizens are Disappeared without explanation, how many civilians are killed in military operations, how many families are torn apart, how much the interests of the Pakistani people are harmed by following foreign directives, how many laws of state & humanity are broken
There is no one to question those in power anymore, no one to hold them accountable!
Welcome to the future: No Justice, No Accountability, Restricted Access to Information
Are we going to give up our fundamental rights without a fight?
We, the people of Pakistan, especially the students, have to prove that we are not so uncaring, self-absorbed & cowardly as to not speak up today!
There are conscientious people expressing dissent: common citizens, journalists, doctors, retired army officers & yes, even school children!
We have to ask ourselves - what is the protestors’ crime that the police attacks them with such extreme brutality, with tear gas & batons?
PROTESTING is not the real crime, the real crime is
the ATTACK ON THE JUDICIARY, the ABUSE OF OUR CIVIL RIGHTS & the ASSAULT ON THE MEDIA.
The uniform may be gone. The dates of lifting the emergency & holding elections may have been announced.
But unless the pre-Nov 3rd JUDICIARY & CONSTITUTION are restored, PEMRA’s curbs on the MEDIA are removed, all POLITICAL PRISONERS are released with the charges against them dropped,
WE WILL BOYCOTT THE ELECTIONS
The youth of the nation (students as well as people in the labour force) must work towards a Pakistan governed by humane values, where there is no discrimination on the basis of race and class. With numerous lawyers & activists behind bars & extreme limits on the media, it is our job to create awareness & raise a moral cry in defense of justice, accountability & human rights. We call upon youth to take a stand & we call for the lifting of the ban on student unions, so that campuses can become a constructive arena, not for fighting the battles of political factions & leaders, but for peaceful, non-partisan, intellectual debate on methods to improve the lot of people in educational institutions & the country in general. This is a moment when our choices could make or break our nation. At this crossroads in Pakistan’s history, the nature of governance in the next few years will be determined.
MAKE A CHOICE. IF NOT NOW, WHEN? IF NOT US, WHO? Opt for Action, not Silence.
Only if we UNITE, have FAITH in our own power to change things for the better & move forward with DISCIPLINE, can we change our destiny.
WE INVITE STUDENTS & PEOPLE FROM ALL WALKS OF LIFE, TO JOIN OUR
PROTEST RALLY ON 4TH DECEMBER 2007, AT 3:00 PM OUTSIDE THE PRESS CLUB, LAHORE.
Student Action Committee. Lahore
Disclaimer: We represent students united against these injustices, from 21 educational institutions of Lahore. We are not affiliated with any political leader or party; rather, we represent the collective conscience of the students of Pakistan.
Please copy and distribute this to as many people as possible. Join us: sac.lahore@gmail.com.
Update on activities: httpp://pakistanmartiallaw.blogspot.com (Daily updates of relevant domestic and international developments); http://fastrising.blogspot.com (FAST), http://PURevoution.blogspot.com (PU)
Musharraf's oath a standing joke - Justice Rehman
(Courtesy DAWN)
Musharraf’s oath for the office of the president under suspended Constitution and by a judge who has himself taken oath under the Provisional Constitution Order (PCO) was a joke with the Constitution, says Justice Iqbal Hameedur Rehman of the Lahore High Court, who was among those judges who were invited to take oath under the Provincial Constitutional Order after Nov 3 but they refused.
“Such acts have no parallel in history. They can be only taken where there is a law of jungle,” he said.
Justice Rehman was on the Multan bench of the Lahore High Court when the emergency was imposed. Talking to Dawn by phone from Lahore, he said though he had taken oath as a permanent LHC judge only four days before the imposition of the PCO and at a time when his retirement was still eleven years away, it was his conscience that had restrained him from taking oath under the PCO.
He said had he taken oath, it would have pinched him forever that he had done something unconstitutional and illegal and against the decision of the seven-member Supreme Court bench that had directed the judges on Nov 3 not to take oath under the PCO.
Answering a question about the rejection of oath offer, Justice Rehman, who is the son of Justice Hamoodur Rehman, said that his family traditions did not allow him to take oath while it was also the matter of his conscience.
Pakistan's Moment of Truth - Sharif and Bhutto must boycott elections
An Unlikely Visitor gives Musharraf support
By Marc Perelman
A few days before Deputy Secretary of State John Negroponte traveled to Islamabad last week to impress upon General Pervez Musharraf the need to restore
democratic rule in Pakistan, another American envoy quietly landed in the capital to chat with the Pakistani president and army chief.
With the blessing of Washington, Jack Rosen, chairman of the American Jewish Congress's Council for World Jewry, traveled halfway across the globe for a
face-to-face meeting with Musharraf, who he had hailed two years ago as a courageous leader and driving force in Jewish-Muslim dialogue.
While nearly all major Jewish groups have altogether avoided the issue of Pakistan, Rosen has offered outspoken support for the country's embattled president.
"The real choice we face is not between Musharraf and a return to an effective democratic system, but between Musharraf and the possible collapse of Pakistan,"
Aitzaz's detention orders extended
(Courtesy The News)
LAHORE: The Punjab government on Sunday extended the detention orders of Supreme Court Bar Association President Chaudhry Aitzaz Ahsan, sources in the Home Department said.
They said since the Punjab government did not receive any instructions from the Interior Ministry in this regard, so it was decided to extend Aitzaz’s detention orders. Atizaz’s detention orders were issued under 3 MPO for 30 days. He was to be released on December 3, but the government extended his detention orders for another 30 days.
Meanwhile SCBA Media Advisor Azhar Siddique also confirmed that the government had extended Aitzaz’s detention period. He said the Balochistan government had also extended the detention orders of Balochistan Bar Council President Baz Muhammad Kakar and Quetta High Court Bar Association President Haji Muhammad Shakil for 15 days each.
Student Protest in Islamabad on the 4th
Pakistan Youth Alliance and the Student Action Committee are jointly organizing a peaceful protest on Tuesday, 4th December at 3:00 p.m, Aabpara Chowk in Islamabad.
Our demands will be:
- Restoration of the judiciary ( re-wind to November 2nd )
- A complete election boycott (a more detailed article on this subject will follow)
- Free media
This is an open call to all those who agree with the demands stated above.
WAF Gathering on the 3rd of December
To sustain the momentum of the movement, WAF is organizing its next
event on 3rd December at 3pm. This will be a gathering of people
(women, men, students, lawyers, political parties etc) in which the
participants will sit in circles, for a session of songs, poems, skits
etc. Our focus will be on the restoration of the judiciary.
Venue: Lawrence Garden, Baghi-Jinnah behind Quaid-e-Azam Library
Date: 3rd December 2007 (Monday)
Time: 3:00 p.m
You are cordially invite to come and participate in the event
R.S.V.P
Neelam Hussain- 0300-4800360
Naila Naz- 0300-4536313
Sunday, December 2, 2007
Call from Student Action Committees in Islamabad and Lahore
The Student Action Committee (
The Student Action Committee invites all concerned members of society to join the students in their fight for the restoration of democracy and rule of law in
A letter to Benazir Bhutto from Ghazala Minallah
Fazlur Rehman refuses to support Judiciary
At a ceremony hosted by the South Asian Free Media Association (SAFMA), Fazl said that he supported the independence of judiciary, but would not favor the reinstatement of the deposed CJP and other judges, as they had taken oath under a PCO in 1999. His remarks created uproar in the hall, with a large number of participants shouting “Shame! Shame!”
Replying to an angry participant’s comments that he wanted to become deputy prime minister, Fazl’s reply was, “I want to become the prime minister! What do you mean by deputy prime minister?”
US human rights activists stage 24-hour vigil in front of Aitzaz's residence
When: 12 noon, December 2 until 12 noon, December 3
Where: 5 Zaman Park, Lahore
Medea Benjamin and Tighe Barry, members of the U.S. human rights group
Global Exchange and the women¹s peace group CODEPINK, came to Pakistan to
learn about the political situation since emergency rule was declared on
November 3. One of the people they are most anxious to meet with is
prominent lawyer/politician Aitzaz Ahsan, who was jailed by the Musharraf
government from November 3 to 25, when he was then placed under house
arrest.
Pakistan government representatives in the US have said that the lawyers
arrested under the emergency law have been released. But when the visiting
human rights activists tried to meet with Aitzaz Ahsan on December 1, they
discovered that his home is still designated a 'sub jail' and he remains
hostage in his own home, unable to go out or to receive visitors. For that
reason the U.S. activists decided to stage a vigil outside his home.
"Pervez Musharrah is telling the world that he is committed to democracy. So
it is outrageous that the head of the nation¹s Supreme Court Bar
Association, Aitzaz Ahsan, remains under house arrest," said Tighe Barry.
"We have come a long way to meet this man who we have heard is one of the
great heroes of the struggle for democracy in Pakistan," said Medea
Benjamin. "We will sit patiently in front of his door and sleep overnight in
front of his door, asking his jailers to allow us in."
Photos, account of Protest in Dublin
Boycotting Elections
But this seems like a very strange argument to make. The two of them seem to be saying that even though we know that there is a martial law in the country, there is no independent judiciary or an independent election commission, there are no basic rights, there is no constitution, the whimsies of one person, backed by the military might of a standing army, is the law, and there is no hope even of things changing before elections, we should still go for elections. The hope that Ms. Bhutto is expressing, is of course, that though she knows she will not get a fair deal, but she would rather fight this election and then come into power and change the system from within.
This seems like a really bad and far fetched argument. If Musharraf is not willing to give all parties a fair shot at the polls now, why will he allow anyone to change anything if he is able to get quite a few Q-Leaguers in the assemblies? And if the hope is that Musharraf will become toothless once he gives up his uniform and then, only as a President, he can be dealt with, the hope is unfounded. What is going to stop the next General from playing the same game?
Even regarding the 1985 elections, it is not clear what lesson has Benazir learnt from it and if this was even the right lesson to learn. The boycott of the 1985 election did reduce the credibility of the election and it was only in 3 years that we were at polls again. And not only that, it was partially the 1985 boycott that allowed Benazir to make a significant comeback in the 1988 elections. But even more to the point, Benazir won in 1988, but came into power after making quite a few compromises, was she able to change the system then? Fighting elections under the present situation, when the system is totally stacked against politicians, even if she wins, will she be able to do anything at all?
Right now the world has seen and knows very clearly that this entire issue of imposition of martial law was wrong and misguided. And even though the US needs Musharraf to do its dirty work and kill more Pakistanis, it still cannot justify what Musharraf did 3 weeks ago. They, even if for form sake only, have to continuously say that martial law should be removed, and the constitution and basic rights restored. For the rest of the world, as expressed by the Commonwealth and even some individual countries, what Musharraf did was completely wrong. Surveys show that the majority of Pakistanis also think that the imposition of the martial law was unwarranted and unjustified. Under the circumstances if the bigger parties of Pakistan, PPP, PML-N, the Jamaat, JUI and so on, boycott the elections, and if elections go ahead under these circumstances, there will be no credibility for these elections anywhere in the world. Musharraf might succeed in bringing his selected group back in power, but it is very unlikely that that arrangement will work beyond a few days or a few months.
On a matter of principle too, if the aim is to get democratic rule established and entrenched in Pakistan, a boycott of the elections, under the present conditions, is the only choice open for political parties. If political parties agree to contest the elections under martial law, and with the judiciary as it is, they will only legitimize what Musharraf has done. As it is, just the fact that most parties have chosen to file nomination papers before deciding about the boycott, has led many people in the administration and the Q-League to say that this act of filing nomination papers implies that these parties have accepted the legality of what was done by Musharaf on November 3rd. If the parties go ahead and fight the elections, they will definitely legitimize the martial law. In fact, one of the first acts the incoming parliament will have to do, even before it can start functioning properly, will be to indemnify all actions taken by Musharraf. And they will have to do it because their own elections will also only be valid if they indemnify all other actions as well. This has been done by dictators before too, and it will be tried by other dictators in the future too. And as long as they can find enough collaborators, they will be able to get away with this. Do the current political parties want to give Musharraf this way out of the crisis?
A lot of people think that politics is 'the art of the possible' and it is all about expediency. But it is not clear what is meant by expediency here. If expediency just means that the sole aim of the game is to be a minister or a prime minister or to have some such title, then clearly, expediency dictates that all parties collaborate with Musharraf and not just contest elections but actually do so in coalition with Musharraf. If people know that a certain party has the backing of the agencies, the chances of that party winning seem to increase significantly. And what Q-League, Patriots and others did in 2002 was then the height of expediency and a pretty smart move. What MMA did to help pass the 17th Amendment also then makes sense: MMA had two governments in the provinces as well as the position of the leader of the opposition. But if this is the game, why do we need elections even? Why not have a Shoora of selected people?
If expediency is anything other than the very narrow objective of being in power tomorrow then certain principles will have to make their way into the calculus as well. If the objective of the politicians is to establish a system that creates a reasonably well functioning representative system that allows people some power to articulate their demands and some ability to elect people on that basis, then the foundational principles of such a system will have to be established for all and will have to be grounded beyond question. Rule based on a constitution and a judiciary that can effectively check to ensure that the constitution is being followed are the bare minimum for such a system. If these two are compromised, how do you know when some ground rules have been altered unfairly, and who would you appeal to for arbitration? This is the situation right now. There is no constitution, there is no rule of law, there are no judges one can appeal to and there is not even a free media around that can make the voices of the weak heard. How can going for elections under these conditions be taken as a way of strengthening democracy? Forgetting principles, even expediency, which is not just based on the aim of being in power, would dictate that boycotting the elections is the only way out of the current crisis.
If all political parties do not boycott the elections, and it is clear that Q-League and MQM are not going to boycott, those who do might have to pay a price for it for some time. Maybe this is not too high a price to pay for principles. If the larger parties, especially PML-N and PPP boycott the elections, the credibility of the process will suffer and the cost might not be very large for all. Even this cost seems to be high for some parties (Ms. Bhutto and the Maulana). But if the larger parties do not boycott the elections and accept the current conditions and then go to polls in January, the country will definitely lose big-time and for years and years to come. The choice for the politicians seems clear. Let us see how the game unfolds.
E-mail: faisal@nation.com.pk
Ideals and Expediency?
By Muneer A. Malik:
Retrieved: Dawn, June 27, 2007
In my first article about the current lawyers’ movement, I had countered sceptics convinced of its ultimate futility by reminding them that the longest journey starts with a single step.
Now, as the movement grows from strength to strength; as hundreds of thousands of people turn up to show their support from Abbottabad to Lahore, Peshawar to Chakwal; as an increasingly desperate regime seeks refuge behind the corps commanders, I have still not been approached by any intermediary seeking to broker a compromise.
To save everyone’s time, let me make the bar’s position absolutely clear. The demands of the bar are non-negotiable and brook no compromise. This is because of the inherent nature of this movement.
To begin with, what are the objectives of our movement? Firstly, it is about changing the mindsets of our people. Throughout our history, the masses have viewed the bureaucracy, the military and the judiciary as part of the same ruling elite, cooperating with each other to subjugate the people. The minds of the masses have been inoculated against the concept of true justice. We were taught obedience at the cost of our liberty and independence.
This mindset is a hangover from our colonial past. These institutions were created by the British as a means of controlling the civilian populace. They were manned by Englishmen from the same background taught to venerate the same ideal — the preservation of the Raj.
Judges and ICS officers were not meant to empower the masses and improve their lot, they were there to keep the peace so the British could continue, unhindered, with their commercial exploitation and empire building. Likewise, the army’s primary role was internal not external. Their job was to quell local rebellions that could threaten British dominance. Alas! This role remains the same.
Decentralisation and separation of powers were never on the agenda. When a few thousand Englishmen set out to establish total control over a land of three hundred million people, any localised pockets of power could have proved fatal. A division of powers between the different institutions of state would be suicidal.
Our fight is for a separation of powers, for constitutionalism, for the principle that all men are equal before the law and for the ideal that the pen is mightier than the sword.
Thus the DC ruled his district (with the willing cooperation of the local elite, the feudal lords) with a free hand and without any constraints. His basic job was to keep the people quiet and subservient to imperial dictates.
If populist leaders, like Muhammad Ali Jinnah, B.G. Tilak or M.K. Gandhi, became too noisy, he knew he could always call upon his willing brothers in the judiciary to convict them for sedition or banish them from the practice of law. If matters went further, the likes of General Dyer would bail him out by shooting a few hundred natives for the restoration of ‘peace’.
The supposed impartiality and independence of judges in the colonial era is a complete myth. Of course, they were neutral when deciding land disputes between two natives. But when the interests of the Raj were at stake, when the interests of the people collided with those of their colonial masters, they never let their government down. Unfortunately, our nation’s independence and the departure of the British did not bring their system of governance to an end. Rather, a ‘coloured’ ruling establishment quietly stepped into the shoes of their departing masters and adopted their practices and beliefs. After all, it was more civilised to be an Englishman, notwithstanding that you were not admitted to their clubs unless you served as a waiter.
As a result, concepts such as the rule of law or the independence of the judiciary never took root in the minds of our people. We were never convinced that the judiciary’s true function was to guard the rights of the people and to protect the masses from oppression.
The first aim of our struggle is to change those beliefs. We seek to convince the masses that the courts are not there only to adjudicate property disputes between rich landowners or the competing commercial interests of multinational corporations, but that a truly independent judiciary will allow the common man to realise his fundamental rights. That judges with security of tenure will be fearless enough to administer true justice. That such judges will protect them from the abusive exercise of power by the wadera, the ‘seth’ or the SHO.
We seek to inculcate the belief that laws are not meant to be jealously preserved in jurisprudential tomes but to be applied, by activist judges, for the protection of the common man, and that the rule of law is an idea worth fighting for. To do so, we have to change the mindset of our judges about their true duties and functions. This is our second aim. For too long they have functioned as if they were part of our military-bureaucracy, and now the plundering capitalist (the attempted sale of the Steel Mills being a case in point), establishment. They need to realise that they are no longer part of a foreign force seeking to forcibly impose its will upon the people. They need to end their alienation from the masses and align themselves with the wishes of the people.
Why is it that Justice M.R. Kayani considered it acceptable to contest elections and become president of the Civil Servants of Pakistan Association while he was sitting on the bench of the high court, particularly when the major portion of his duties involved the judicial review of the wrongful acts of civil servants? It was not because of any particular lack of integrity on his part. Rather, he was known as an outspoken and honest judge. It is simply the pernicious elitism that pervades our entire judiciary that leads them to ally themselves with the ruling classes rather than with the masses. Our judges can easily identify with the causes of senior government officials but not those of a ‘kissan’. That is exactly why I call for a Supreme Court of the People of Pakistan.
Why is it that high court and Supreme Court judges consider it perfectly acceptable to lunch in elitist clubs and exchange views with industrialists, government ministers and advisers, bureaucrats et al, but shy away from sharing a cup of tea with the labourer or political worker at a trade union function? Does this not distort their perception about the needs and aspirations of the people of Pakistan?
The visit of the governor of Sindh — fresh from his debriefing in London — to the Sindh High Court is illuminating. Eyebrows were raised when seven honourable judges examining the May 12 tragedy refused to meet him and he was told that there could be no discussion on that issue. Why should there have been even an iota of surprise?
The government of Sindh, and the party to which the governor belongs, had been directly implicated in the tragedy of May 12. I say that at the risk of my life and that of my children. Would there have been any astonishment if any judge refused to entertain a common litigant who wanted to have a cup of tea in the judge’s chamber and discuss the facts of his case? The commendable behaviour of the Sindh High Court judges was newsworthy because too often in the past our judges have fallen short of this standard of rectitude when it comes to the power elite.
The idea that judges interpret the law in splendid isolation strictly in accordance with recognised and time-tested legal doctrines is entirely fallacious. Our Supreme Court has repeatedly pointed out that the Constitution is an organic document and needs continuous reinterpretation in light of changing times and needs. So who will inform them about the changing needs of the hour? Must it be the generals, the industrialists and the bureaucrats?
Take the example of the reviled doctrine of necessity. Blatantly illegal and unconstitutional acts were repeatedly justified by our Supreme Court on the basis that they were necessary for survival of the nation. And who was the spokesman for the nation? The generals.
Why can’t the needs of the nation be determined by directly listening to the voice of the nation? Why must the doctrine of necessity always be employed in favour of the military-bureaucracy establishment? Can it never be used in the other direction — to force a general (even if he has invented a specious legal cover for his actions) to respect the legitimate desires and aspirations of the people?
I recall discussing this issue with the late Justice Dorab Patel. A splendidly honest man, he felt compelled, nevertheless, to defend his brethren. He justified previous judicial decisions based on expediency on the grounds that they were made by a few old men left alone in face of the entire army’s might. This movement seeks to reassure our judges that they are not alone. If they choose to do the right thing, the whole legal community and the entire nation will turn out in their support.
The learned Chief Justice is no charismatic politician. His speeches, on purely legal issues, do not enthral the nation. But when hundreds of thousands of people stand all day in Lahore’s scorching heat and brave all night Faisalabad’s thunderstorms waiting to catch a glimpse of him, they do so to salute the courage of the man. They do so to show their support for a judge who dares to say ‘no’.
Our aim is to instil that courage in every judge throughout the land. Our aim is to illuminate a path that leads beyond the Maulvi Tamizuddin, Dosso, Nusrat Bhutto and Zafar Ali Shah cases.
Our third objective is to restore civilian supremacy in Pakistan. We are no longer prepared to live under the barrel of the gun. Those guns and their wielders must return to their rightful positions; facing outwards at the frontiers of our land. The people will rule themselves. Of course, our elected politicians will make mistakes, both honest and dishonest, and there will be misrule. But the court of accountability must be 170 million Pakistanis and not nine corps commanders. Elected governments must complete their tenure and face up to their failures at the time of polling instead of being handed a convenient excuse by their forced ouster at the hands of the military.
Fourthly, our aim is to strengthen all the institutions of our state; the executive, the legislature, the judiciary as well as the media. Only by strengthening these pillars and strictly enforcing the limits on their separate powers in accordance with the Constitution can we protect ourselves from tyranny and secure the rule of law. Only then can we rid ourselves of the inequities of the past.
To achieve these goals, we welcome the support of every segment of civil society; the media as well as labour unions, NGOs as well as political parties. But our demands are non-negotiable. We will not sacrifice our principles at the altar of expediency. Any dialogue with the establishment can only begin after they take steps that concretely display their commitment to these principles.
Our history is replete with tragic compromises. We don’t need to go too far. The Zafar Ali Shah case was a compromise by the judiciary. Musharraf’s military takeover was legitimised in exchange for a promise that elections would be held and a civilian government installed within three years.
Five years have passed since those elections, but all power still rests with Musharraf and his corps commanders rather than with the prime minister and his cabinet. On March 9, 2007, while cabinet ministers hunkered under their beds, the ISI, MI and IB chiefs wreaked havoc.
The Seventeenth Amendment was a compromise by the politicians. Musharraf was allowed to continue as president despite his uniform in exchange for, essentially, a verbal promise that he would shed it in a year. Characteristically, he reneged and four years later he was donning the same uniform when he attempted to fire the Chief Justice. No amount of apology, no matter how sincere, will bring back lost times and opportunities.
For once in our history, people from every segment of civil society, judges and politicians alike, need to stand up for ideals and eschew the culture of deal-making. The struggle is not for tawdry offices and superficial power; it is about principles. If we can maintain our united commitment to these principles, we shall triumph and overwhelm all opposition. But if we fail to learn from history, we will be condemned to relive it.
Interview with Muneer A Malik
The following is an interview with Muneer A Malik, by Hissaan, a student of LUMS. It was taken before he was shifted to Karachi.
1. How are you feeling Sir?
I think I’ve turned the corner. My kidneys have started to function and I’m off dialysis. Tomorrow (
2. I know that you have been asked this question a number of times, but now with the student community and other members of the civil society also joining you, let’s clarify any ambiguities and set the record straight. What are the aims of the lawyers mov’t?
We wanted to bring apart from lawyers other segments of the society like students, doctors, teachers and other professionals together. We looked for the largest common denominator and then decided that there are three aims of this movement and we are clear on this from the beginning. Rule of law,
3. At this present moment, I would ask what do you think this movement has achieved and what more is in the agenda?
We have managed to make 2 irreversible changes in the country. Number one, we have made the meaning of justice clear. We have shown that judiciary is a not a pawn to be used by the establishment for reaching their nefarious goals, a practice inherited from our colonial masters. With this we have changed minds forever - Minds of both the judiciary and the people. This is reflected by the pro-activity of the judiciary which is unprecedented in the history of the country! It is the first time that a majority of the judiciary has refused to do bow down to the rule of the army boot. We have supported the judiciary in their endeavor to find their rightful place in the state. Now our target is to to make the political parties realize that
4. It has often been claimed that you are politicizing this movement. What do you have to say about that?
The governing clique whether its army or a civilian is a matter of politics and it does concern me. What I am not involved in, is partisan politics.
5. How do you see the 1973 constitution and its effectiveness considering the numerous amendments? Do you think that the revival of judicial activisim would make any difference in improving the situation?
What we have to understand is that the constitution is an organic document. This means that it is open to interpretations at different. For example let’s look at the 14th amendment in the
Later it was said that the notion that ‘separate but equal’ is inherently unequal. The problem in
6. Musharraf has said that elections will be held under the emergency. This means that there is a possibility that the legitimate judiciary might not be restored. How hopeful are you about the rein-station of the judges?
I feel that participating in this charade would be giving a lifeline to this tottering regime. Let me tell you that this is a defining moment for
7. Lawyers movement is being supported by the student community. LUMS, QA, FAST and other various instiutions have joined the struggle. This might be the revival of moribund student politics. How can this nascent movement become more mainstream and effective?
I believe that this it is the repression of the student unions that has been a source of strength for the student unions. The student unions should not be an extension of the political parties but should be a vanguard of the political parties. They are bright people. They are clean people. They don’t have vested interests. They are selfless. They should be the vanguard of the political parties. Look at
Malik Muneer also said that he was proud of the LUMS and the student community. He said that he is grateful for their support and expressed his wish to visit LUMS someday. Interviewed on
Force MMA to boycott!!
The mass contact campaign seems to be working very effectively. I would like all of you to continue with this campaign and request you all to go crazy with your phone-calls and SMSes again.
MMA is meeting on Saturday (today) in Islamabad to discuss the election strategy. It is clear that the state-sponsored-Fazl-ur-Rehman will be trying to convince the rest to forget the election boycott. We can not allow this to happen. Below are the telephone numbers of the MMA. Please call and sms to show solidarity to the MMA parties who have announced boycott of the elections and put pressure on Fazl-ur-Rehman to join the rest of the APDM.
Our stance: no elections till the judges are restored to pre-Nov 3 position. There will be NO compromise on this.
The Rickshaws JUI-F:
Moulana Fazal ur Rehman
0345-8506684
0345-9872244
0333-5279999
Hafiz Hussain Ahmed JUI
0333-6487832
0300-8569363
0333-6487832
Maulana Abdul Ghafoor Haidri
0333-7806545 , 0320-4936933
Haji Gul Muhammad Dumar
0300-8653141
Maulana Amanullah Khan
0333-9133421
0320-4291938
Maulana Khalil Ahmad
0333-9143080
Maulana Muhammad Gohar Shah
0333-9139136
Maulana Muhammad Qasim
0320-5284799
Maulana Nasib Ali Shah
0300-9433250
Maulana Rehmat Ullah
0333-9125148
Maulvi Muhammad Khan Sherani
0300-9383921
Molvi Noor Muhammad
0320-4789343
Molvi Abdul Haleem
(missing)
Moulvi Rehmatullah
0300-3811575
Mufti Ibrar Sultan
0300-5156979
Qari Abdul Baees Saddiqui
0300-5748355
0333-9481888
Qari Fayazur Rehman Alvi
0300-5907294
0320-495591
Qari Muhammad Yousaf
0300-5175706
Qazi Hameedullah Khan
0300-6422324
Shujaul Mulk
0300-9175954
Dr. Muhammad Ismail Buledi
0333-5164666
Liaqat Ali Bangulzai
0333-5224210
Akhunzada Mohammad Sadiq
0333-5179142
Dr. Khalid Mahmood Soomro. (JUI)
0300-3411651,
0300-2242521
Kamran Murtaza. (JUI)
0320-4782598
Muhammad Talha Mahmood Aryan.
0333-5116995
Other Important MMA leaders:
Liaquat Balouch
0300-8456292
Qazi Hussian
0300-8449313
0333 4132833
Saifullah Gondal
MMA Parlimentry Affair
0301-8567951
Prof. Muhammad Ibrahim Khan.
03339102413
Rehmatullah Kaker
0300-9383920,
0333-5221218
Sahibzada Khalid Jan
0320-5212864
Muhammad Hanif Abbasi
0300-8550132
Mr. Farid Ahmed Paracha
042-5414239
Saturday, December 1, 2007
Student Protest in Lahore - Eyewitness Account
Students from 21 universities, under the banner of Student Action Committee Lahore, gathered today at Liberty Chowk to publicly voice their dissent. The streets were lined with hundreds of Police Elite forces which warned the students that they would be arrested if they did not disperse within fifteen minutes. Amidst chants of "NO" to this question of dispersal, student's made it clear that police or no police, they would not disperse without making themselves heard. Students brandishing colorful placards and wearing black armbands flooded the liberty roundabout. Some members of the civil society, the lawyer's movement, doctors, and human rights activists also came to express solidarity and support for the student initiative.
The students sat displaying their banners and placards peacefully while negotiations with the Police SP were made. Afterwards, everyone made a human chain around the enormous roundabout, and chanted anti-Musharraf, pro-judiciary and pro-democracy slogans. After circling the roundabout for half an hour the procession of nearly 600 gathered in the middle, chanting freedom slogans with ever more vigor.
There were speeches made by students from a few of the participating universities, the content of which resonated around the necessity of empowering the common people of Pakistan and putting an end once and for all to the tyranny of the military. The students made it clear that this movement will be a long term struggle to ensure that true democracy is given a chance to take root in the country and that justice prevails. The students made it very clear that no elections can be legitimate without a free and independent judiciary overseeing them.
One demand declared as non-negotiable was the restoration of the judiciary as of 2nd Nov. Without the judicial organ being independent and un-terrorized, it will fail in its function of providing the necessary check and balance on the executive. After the speeches, the national anthem was sung by the all assembled. After this hour long protest, the gathering peacefully dispersed, distributing flyers to the public to educate them of their demands.
What made this assembly remarkable was the level of organization that was evident. Not a single flower was trampled nor any paper trash left behind; the students stuffed their own pockets and bags with the litter instead. Today's protest will not be forgotten easily from the memory of the people of Lahore. Today's country-wide protest demonstrated to the people of Pakistan the unwillingness of the youth of the nation to silently sit through the slow death of their nation.
Hundreds rally in Islamabad - Eyewitness account
The Protest Rally in Islamabad on Friday turned out to be a huge success, with around 300 people showing up to express their outrage at the continued subversion of the judiciary and media, and to stress on the boycott of the upcoming elections. The protest, co-ordinated with similar rallies around the country and abroad, consisted of students, journalists, lawyers, civil rights activists and ordinary citizens of Islamabad and Rawalpindi, who showed up despite the downpour in the twin cities in the afternoon. The crowd first gathered outside the Press Club at 3 PM, holding placards in support of the judiciary, prominent figures in the movement, such as Muneer A Malik, as well as the media. The protestors chanted slogans against the unconstitutional acts of the government and hailed Justice Iftikhar Chaudhry and his supporters as the heroes of the day. Several prominent figures from among the student, journalist and legal community stepped forward to address the gathering and outline their demands.
After 4 PM, the protest moved in the form of a car rally to the Marriot Hotel, near the Judicial residence. There, the numbers of protestors swelled as lawyers and members of civil society joined them in their march towards the Judge's residence. In the highly-charged atmosphere, the protestors pledged to prevent the eviction of the judges from their residences, as threatened by the government. Several prominent figures, such as Asma Jahangir and Roedad Khan joined the protestors, as they marched towards the Judicial residences.
Also prominent among the protestors were relatives of the missing people illegally abducted by intelligence agencies throughout the country. Carrying photos of their loved ones, the people joined the procession, calling for the reinstatement of the judges who had tried to get their relatives released from illegal custody.
The procession stopped at the police barricades, where the sloganeering continued even as hundreds of police personnel surrounded the protestors and prevented them from going further. Several more speeches were made as the protestors pledged to continue their struggle and boycott the elections until the judiciary, constitution and media was restored. The protestors then dispersed with plans to stage another major rally in the coming few days.
The movement continues..
In Complete Unity
Nationwide Student Rally - Student Action Committee, Lahore Protest at Liberty Chowk
Student in many of the major cities of Pakistan gathered today in a coordinated mass protest. In Lahore, student protestors from 21 universities converged at Liberty Chowk today under the banner of Student Action Committee Lahore. They wore black armbands and brandished colourful placards. They were also joined by some lawyers, doctors and other members of the civil society, and a total of nearly six hundred people circled the roundabout in a human chain. They vigourously shouted pro-judiciary slogans, with a number of students making speeches calling for first and foremost the immediate restoration of the judiciary and then the devolution of power to the common people through a free and fair electoral process, with a withdrawal of military influence from all civilian affairs. The students stressed that no one should expect their movement to soon fizzle out, for they are definitely in it for the long haul and would not stop agitating for the cause of truth and justice. The students made it clear that no elections would be considered legitimate without the restoration of the pre-Nov 3rd judiciary. The gathering dispersed after the singing of the national anthem and distribution of flyers aiming to spread awareness about their demands. As one student said, "We have proved today that people do not need to fear student politics. We have not triggered chaos and violence. We made sure to make our protest totally peaceful and also totally environment friendly, with not even a single flower being trampled and no littering on the grass. The students of Pakistan have come out with a sincere desire to work for and call for the welfare of our nation." The protest took place facing hundreds of members of the Elite Police Force, who initially issued an ultimatum to the protestors to disperse within fifteen minutes or else face arrests. Faced with loud refusals by the students, however, the police remained on the sidelines and the protestors continued their rally for an hour.
Talat Hussein Live outside the Press Club
Talat Hussein takes his show to the streets in Islamabad. Also present are Mushtaq Minhas, Kashif Abbasi, Nusrat Javed and Nasim Zehra.
