Deposed judges release ruling against Musharraf

Courtesy The News, 21 Nov 2007
ISLAMABAD: Three defiant judges of the Supreme Court, who are presently under house arrest after imposition of emergency, have now declared in their detailed judgment submitted before the SC last Friday that General Musharraf could not be allowed to contest the presidential elections.

They say frequent military interventions and destabilization of elected governments have given "rise to indiscipline, disorder, unemployment, massive corruption, intolerance, and extremism in Pakistan, which must be eradicated and eliminated with iron hands".

These judges who had refused to take oath under the PCO, have also observed in their joint judgment, which has not been released to the media, that continuation of Musharraf as the army chief beyond December 31, 2004 was "illegal and unlawful".

The judges, Justice Rana Bhagwandas, Justice Sardar Mohammad Raza Khan and Mian Shakirullah Jan, were part of the nine-member bench which had dismissed the petitions of Qazi Hussain Ahmed and Imran Khan on September 28, 2007 with regard to the question whether Musharraf could contest election from the present assemblies with or without uniform.

The judges submitted their detailed judgment to the Supreme Court on Friday in which they have addressed seven questions that were raised before the court. Talking to The News, Justice Rana Bhagwandas who headed the bench, confirmed that he along with Justice Sardar Mohammad Raza and Mian Shakirullah had submitted their judgment last Friday but the authorities may not have released their 58-page long observations.

Justice Bhagwandas who was in good spirits and in a defiant mood told this correspondent they had taken a lot of time and effort to put together the arguments to establish their points of view. The SC should have made their judgment public.

But, he said, it was not done. He observed that his staff might have handed over the judgment to the concerned authorities for its release to the media, but it was simply dumped and ignored. "These are very important observations and everybody should come to know about those points on the basis of which we had decided the issue of eligibility and merit."

In the judgment spread over 58 pages, the three judges have observed that "we earnestly feel that this country no longer can afford the luxury of resorting to circumvent the law and the constitu tional mandate by upholding and affirming the draconian doctrine of necessity restored to earlier.

Indeed, the judges of this court are under an oath to uphold, preserve and defend the constitution of Pakistan, which must be strictly adhered to in letter and spirit without any fear or favour, or ill will.

"Any endeavor to continue and affirm the present system of governance, which has transformed parliamentary system of governance into presidential form of government is bound to damage the dignity, respect and honour of the citizen of this country in the comity of the nations and bring a bad name to it, which can hardly be appreciated.

"Independence of judiciary, stability of the democratic system, regular conduct of the general election process, allowing the institutions to serve freely within the sphere of their scope and without involvement of the armed would always be in the supreme interests of the nation.

They said: "Needless to emphasis, frequent military interventions and destabilization of elected governments have always given rise to indiscipline, disorder, conflict of interests, inflation, unemployment, massive corruption, intolerance and extremism in the country which must be eradicated and eliminated with iron hand and strengthen in accordance with the law".

In the same judgment the judges have also observed "we earnestly feel, there appears to be enough substance and force in the submission of the petitioners that General Musharraf could not contest elections from the current assemblies as outgoing assemblies can not be allowed to bind the successor assemblies to be elected as a result of popular mandate. Further more, members of present electoral college, who have already expressed their opinion by expressing a vote of confidence immediately after their assumption of office, may not be in a position to exercise their right of franchise freely and independently. They would naturally be influenced and swayed by their earlier decision.

"Since the term of the office of President as well the present assembly expires simultaneously on November 15, 2007, it would be in the fitness of the things and in consonance with the democratic norms and intentions of the framers of the constitution if the new assemblies and the electoral college are allowed to exercise their right to elect a president of their choice during the term of electoral college under the constitution.

"An exceptional situation which can be conceived may be where the incumbent president, before expiration of his term of office, is removed from his office on the ground of physical or mental incapacity, is impeached on a charge of violating the constitution or the gross misconduct; resignation or death when the office of president falls vacant, the existing electoral college would be constitutionally authorized to elect another president for the un expired term of office.

"Indeed, General Musharraf, was fully alive to this situation, therefore while promulgating LFO 2002, he introduced meaningful amendments in the Chief Executive order, he introduced meaningful amendments in article 224 of the constitution, providing for time for election bye election. While the original text provided that a general election to the national assembly or a provincial assembly shall be held within a period of 60 days immediately "preceding" the day on which the term of assembly is due to expire, the expression "preceding" was intentionally substituted by the term "following".

"This amendment was intentionally and deliberately made with a view to make a room for a seeking election to the office of the president from the outgoing assemblies in conformity with clause (4) of article 41 of the constitution stipulating that election to the office shall be held not earlier than 60 days and not later than 30 days before the expiration of the term of the president in office. The draftsmanship and ingenuity of those who suggested the above said amendment in the constitutional provisions can only cause dismay may be looked upon with sorrow and grief".

"Since the purpose and object of the amendments never saw the light of the day, it is hard to appreciate the ground realities providing the forum to present electoral college for election of the same person to the office president for another tem for which new assemblies have to be elected a as a result of popular vote based upon election manifestoes of various political parties.

"It may be further observed that the president being an integral part of the parliament, it would be quite inconceivable and unusual that the parliament with whom a president has to work in total cordiality and harmony should not be elected by such parliament.

"At the cost of repetition, it may be noted that a parliament having outlived its tenure should not be allowed to bind the successor parliament with its choice as it is well settled that a parliament may do anything but bind the successor parliament. The present parliament having outlived its life, in our view, does not have a democratic mandate of the people to elect the same person as president for another term of five years, which would militate against the well entrenched principles of democratic value".

"For the aforesaid facts, circumstances and reasons these petitions are allowed and General Pervez Musharraf declared to be disqualified to contest for the presidential election," the three judges concluded.

Solidarity with Imran's cause

( click to read )

Poetic Foresight- Faiz Ahmed Faiz

( click to read )

Lets stand with Pakistan's heroes

The following is an article written by the president of the American Bar Association

Washington - We all have seen the images: Lawyers clad in dark suits, symbols of professional responsibility, enveloped in clouds of tear gas. Soldiers surrounding a nation's Supreme Court, and thousands of lawyers and judges, as well as several justices, placed under arrest.

Much has been written about the unfolding crisis in Pakistan, and how the US government should respond. Less has been said about its significance for the rule of law, which is more important than ever in the dangerous world we live in today.

Since Gen. Pervez Musharraf, president of Pakistan, declared a state of emergency there, the impact on lawyers in America and in other nations has been electric – virtually unprecedented in my more than 40 years of practice.

To many Americans, Pakistan's breakdown may seem vaguely routine, another eruption in a distant land. But to American lawyers, the events are shocking and immediate.

In part, it is because we see our fellow lawyers and judges in Pakistan doing something dangerous and heroic: standing up to police and soldiers, subjecting themselves to arrest for such ideals as the "rule of law" and an "independent judiciary."

Their bravery reminds us that these ideals are not abstract at all. They are the difference between nations of justice and law, and unchecked tyrannies. This crisis reminds us how precious, and fragile, the rule of law is in the United States and in all nations.

This week, lawyers gathered in Washington and states across the country to express solidarity and to stand shoulder to shoulder with our courageous colleagues in Pakistan.

The American Bar Association and other bar groups have called on General Musharraf to restore the Constitution, re-instate the Supreme Court justices, and free those lawyers he has wrongly arrested. We will continue working until the rule of law is restored in Pakistan.

As lawyers, we see it as no coincidence that Musharraf targeted his crackdown on his nation's legal community, as well as on the press and other organs of civil society.

Like a free press, judges and lawyers who are free from intimidation and outside influence are essential checks to raw power. These agents of liberty are a danger to would-be tyrants, and Musharraf has treated them as such.

When the Soviet Union collapsed, American lawyers helped draft constitutions and train judges whose work would help new democracies emerge.

We appeared to be at the start of a worldwide flowering of liberty, but today, we increasingly see those gains in jeopardy.

To advocates of the rule of law, the recent actions in Pakistan are worse than a misfortune; they are a catastrophic reversal of values we hold dear. And in a world threatened by terrorism and rising autocrats, they make our world more dangerous, not less.

America's lawyers do not claim expertise in foreign policy. But we can speak for the urgency of standing up for justice and the rule of law.

The loss of a constitution and the arrest of thousands of lawyers and judges, including those on the Supreme Court, cannot be ignored.
Lawful government in Pakistan is the best way to assure security and justice.

Protests by journalists today

For those in Karachi.

Despite yesterday's brutal use of force by police, journalists remain undaunted and plan to hold another protest today outside Karachi Press Club (Wednesday) at 2.30pm. Everyone is invited. Support is needed especially especiallyfrom civil society groups and students, so do you part.

One more time, Strength in numbers!

Civil society condemns lathi charge, arrest of journalists - Press Release

KARACHI, NOV 20: The civil society coalition People's Resistance condemns in the strongest terms the brutal police lathi charge on unarmed journalists outside the Karachi Press Club and the arrests of Karachi Union of Journalists' President Shamimur Rehman, Karachi Press Club President Sabihuddin Ghausi, Secretary General of the Association of Pakistan Television Journalists Faisal Aziz Khan, Ahfaz-ur Rehman and Najeeb Ahmad among others. Journalists as well as members of civil society had gathered in solidarity with the nation-wide protest call given by the Pakistan Federal Union of Journalists (PFUJ) against restrictions on the media, particularly the electronic media. Several journalists, including women, were injured when police launched a second attack on them outside the Press Club. The People's Resistance salutes those who subsequently peacefully offered arrest in solidarity with their arrested colleagues and in protest against the police refusal to let the journalists to take out a peaceful procession to Governor House. About a hundred journalists and several civil society members were among those who courted arrest, including senior journalists Idris Bakhtiar, Owais Tohid, Qaisar Mahmood, Afzal Nadeem Dogar, and Kamal Siddiqui. They were carted off in several mobiles to police stations across the city, many flashing victory signs and shouting slogans for the freedom of media and against dictatorship. People's Resistance calls upon all professional groups, NGOs, trade unions, student unions and individuals to join the platform of resistance in its peaceful campaigns for the restoration of the Constitution of Pakistan and basic rights, the judiciary and media independence.

Police baton-charge, temporarily arrest 200 Journalists in Karachi

(Photos courtesy Geo News - http://www.geo.tv/)

Karachi: Police, on Tuesday, baton-charged journalists protesting against the closure of Geo News, outside the Karachi Press Club. Several journalists were wounded in the police charge. Subsequently, the arrested journalists were released at night, following relevant orders from Sindh Governor Ishratul Ibad. The media representatives were scheduled to approach the Governor House to speak with the authorities but they were accosted by the police. Thereupon, the journalists staged a sit-in protest, but the police began to arrest them. When the journalists began fleeing, the police chased them into the Press Club and began the baton-charge, wounding several of the media men.

After the Emergency

Asif

One is just waiting to see how Musharraf will cope with the situation after the emergency is reversed, the curb on media channels lifted and the fundamental rights of citizens restored. The media will come back stronger and all that happened during the black-out phase will be exposed and shown for weeks and months to come. The civil society will be even more mobilised than it was before the emergency. Wide spread condemnations will continue by all and sundry. Will the final conclusion to all this mayhem for Musharraf be – game over, you win?, certainly not. Does he expect the people of Pakistan to just say ‘yes sir’ and accept him in a civilian role after demoralising and bulldozing the once revered institutions such as the army, more recently the courts and not to mention the parliament and senate which just abided by whatever policies were chalked out by his cheer leader, Shaukat Aziz?

After Musharraf assumes a civilian role he will certainly have lost his power base – the army, the winds will not always be in one direction then, and his influence will dwindle. Unless the next Government bails him out by continuing to walk in his shoes (read America’s DMS), there’s no way out for him. Even if the next Government does go bonkers and keeps the ball rolling in the same direction as it has been for the last 6 or so months, that will surely result in their political death. No matter which party comes into power, whether through rigged elections or otherwise, the repercussion of doing so will be grave.

The beginning of the end has started for Musharraf and if he has the most miniscule bit of self respect left in him, he won’t have the audacity to even accept the slightest roles of public service in the future setup. The nation is fed up of him and his stooges. The very corrupt stooges that he brought to power through blackmail will be the first ones making him the scapegoat. There will be no one to scratch the back of Musharraf after the emergency rule, the sooner he realizes this, the better.

While Musharraf keeps the entire nation in the dark, he opts to give a minute by minute update to his mentors in Washington. Is this his version of ‘Pakistan First’? We get to know what his next step will be (or what blunder follows) from the State Department rather than our own ministries and media. His three prong strategy that he flashes to the western world so cohesively has so many countless other prongs protruding from the sides. Where Alberto Gonzales had to resign as attorney journal of the U.S for making the judiciary too politicized, in stark contrast, in our country judges were removed for being too independent. It’s high time we stop being dictated by neo-cons whose values remain intact in their own homeland but export the deformed and compromised form of their values to other countries. People in power are threatened to be aligned towards goals of the western world or face a reduction in aid. The day our leaders took money in exchange for our independence, the day we sold out on true democracy and prosperity. Had we not taken the money the first time around, we would’ve been much more independent and democratic by now. We are far better off without it, the money that is sent is only used by people in power to flash the economic prosperity card and clamp down on any rational movements, and nothing goes into real sustainable development.

Of late, people are getting wiser and more involved in the politics played by the ruling elite. The order of the day would be to end this emergency rule, have free and fair elections, and the current rulers have a somewhat respectful exit from the scene. If however, the power seats are clutched even harder, there will be an irreparable damage to not only the country as a whole but the army will feel the brunt of the entire nation by looking down upon them for years to come.

There’s a fast way of killing a nation and there’s a slow way. The day the NRO was signed, a piece of us died. The day the constitution was held in abeyance and the PCO promulgated, another piece of us died. The day the police beat and thrashed the intelligentsia of our nation, another piece died – and so the slow death continues.

We are worse off than Burma (it's a fact)

Your fact of the day:

Pakistan now ranks below Burma in the United Nations Human Development Index's social indicators—a fact not terribly surprising given that Musharraf, in the last eight years of rule, has invested only 2% of GDP on education.

This interesting article demonstrates how not only have the leaders of this country succeeded in turning this country into a vultures politics bait in the upcoming US presidential elections, but their track record in achieving social progress in this country, should make the junta in Burma quiet envious of them.

US Senators demand Aitzaz release

Finally someone in US has awoken and taken notice of whats happening down here.

Dawn News reports:

US senators have demanded immediate release of Supreme Court Bar Association president Aitzaz Ahsan.

The demand has been made in a letter addressed to President Gen Pervez Musharraf and signed by 32 senators, a copy of which was faxed to Dawn on Thursday.

Recognising Pakistan’s role in the region and in bringing Osama bin Laden and Al Qaeda to justice, the senators have, however, expressed concern at the detention of Mr Ahsan.

“...Mr Ahsan is a highly distinguished attorney and political leader. He is a former government minister and former opposition leader in the Senate of Pakistan,” the letter said, adding: “A senior advocate in the Supreme Court of Pakistan, he consistently earns the highest rating in rankings of legal professionals in Pakistan.”

The communiqué recalled that Mr Ahsan had represented a variety of high-profile political figures, including former prime ministers Benazir Bhutto and Nawaz Sharif as well as deposed Chief Justice Iftikhar Muhammad Chaudhry.

But, it said, he was arrested last Saturday during a press conference he was holding in Islamabad and was probably being jailed in Rawalpindi.

“It is simply not right that Mr Ahsan is being jailed for doing his job as an attorney by defending rights of his client.

We ask you to immediately look into this mater and urge you to release Mr Ahsan from prison immediately,” the communiqué said.

Meanwhile, some local politicians claimed that US embassy officials had told them by phone that President Musharraf had given them commitment to doff his uniform by Nov 15.

The officials, the politicians said, were contacting political parties as well as civil society members to seek first-hand information about the public response to the emergency.

Moreover, there are reports of Munir Malik's torture during detention. Infact his family has gone underground due to harassment from agencies.

Musharraf leaving to meet Saudi Monarch (and Nawaz?)

"(AGI) - Riyadh, 19 November - Pakistani President, Pervez Musharraf, will be in Saudi Arabia tomorrow to meet with King Abdullah and he may hold talks with former Pakistani premier and leader of the opposition, Nawaz Sharif, who lives in exile in the Kingdom. The visit has been announced in Riyadh by the official Saudi news agency SPA. This will be Musharraf's first visit abroad since he announced the state of emergency on 3 November. In the Pakistani media, a possible encounter between Musharraf and Sharif was announced with Saudi mediation. Collaborators of the ex-premier have announced that the only purpose for the meeting could be the finalization of a strategy for the unconditional political retreat of the Pakistani president. Sharif has indicated that he has already refused the request to meet Musharraf twice."
http://www.agi.it/world/news/200711191500-pol-ren0049-art.html

APDM calls country-wide strike on Nov 23

All Parties Democratic Movement held a meeting today in Islamabad which was attended by by the entire APDM parties including PML-N, PTI, MMA (JUI, JI & others), ANP & regional parties including PONAM. The meeting concluded with a unanimous call for a country wide protest on Friday 23rd of November against this martial law enforced by General Pervaiz Musharraf.

How to save Pakistan

By Imran Khan

Make no mistake; Pakistan faces a grave threat from the creeping chaos, a by-product of the most shameful demonstration of power politics. There are many threats confronting our society. The threat of extremism is just one which is essentially a consequence of policies that serve foreign interests at the cost of the fundamental rights of our citizens. On 9/11, yes, we should have stood with the US when it was attacked by terrorists. But our cooperation should have been within the ambit of our constitution and law. No civilized society will ever allow its own army, raised and armed at a great cost to society, to be used so mercilessly against its own citizens and expect business as usual. In a society where the majority is without fundamental rights, without education, without economic opportunities, without healthcare, the use of sheer force will only expand the extremist fringe and contract the majority moderate.Our military rulers are incapable of understanding that the real owners of the country are its people who must have the right as, political sovereigns, to decide without fear and coercion who should rule them. In India the only qualification for Lalo Prasad or his domestic housewife Rabri Devi to rule Bihar was the mandate of the people. Can we imagine our ruling elite ever accepting a similar peoples verdict. This fundamental question of ‘Who Owns Pakistan’ must be decided once and for all.
In the absence of democracy and rule of law, extremism and religious fundamentalism will continue to grow at a frightening pace. The more the present regime bows to Washington’s desire to “do more” and the more innocent Pakistani blood is shed under the garb of fighting the war on terror or curbing extremism, the more Pakistan moves towards becoming a “failed state”, and the more people would resort to picking up arms against the security forces

Imran Khan on Hunger Strike

(Courtesy AFP)

Pakistani cricket hero Imran Khan began a hungerstrike Monday in the prison where he was sent last week for protesting against emergency rule, his spokesman told AFP.He said Khan, who now heads his own opposition party, wanted a restoration of the constitution and reinstatement of judges sacked when Persident Pervez Musharraf imposed the emergency just over two weeks ago."Imran Khan has gone on hunger strike for an indefinite period,"spokesman Saifullah Niazi said."He is demanding the restoration of the judiciary and restoration of the constitution," Niazi said. Khan is in Deraghazi Khan jail, normally used to house terror detainees and hardened prisoners.He was picked up last Wednesday and charged under a section of anti-terror legislation which stipulates a minimum punishment of atleast seven years and up to life in prison.Khan had been put under house arrest after emergency rule was declared on November 3 but slipped the net and went into hiding, communicating via email and video.He was arrested after emerging from hiding last Wednesday at a university campus in the eastern city of Lahore. Lahore police said then that he would face charges for inciting people to pick up arms, calling for civil disobedience and "spreading hatred." Khan, who led Pakistan to cricket World Cup glory in 1992, had called for Musharraf to face the death penalty for imposing emergency rule.

There may be times when we are powerless to prevent injustice, butthere must never be a time when we fail to protest - Elie Wiesel

Man's capacity for justice makes democracy possible; but man'sinclination to injustice makes democracy necessary - Reinhold Niebuhr

Videos of London Protest, 19th Nov

Videos of the protest in London on the 19th of November, featuring interviews with British MP George Galloway and Jemima Khan are available on http://pkpolitics.com/2007/11/18/protest-at-london-embassy-18-november-07/#more-739 .

Bahria University administration clamps down

A piece of paper titled FLASH, literally threatening students involved in demonstrations and political activities was pasted to walls and passed through the corridors of Bahria University. It stated that those involved would be subject to strict disciplinary actions including but not limited to expulsion, cancellation of degrees as well as legal action. These ‘punishments’ would be for all those wearing black bands and protesting on as well as outside campus. The administration made an even more obvious show of their insecurity as they closed the university on Monday, the day on which a protest organized by Bahria and Air University students was scheduled. Perhaps one can not blame the administration of such universities, run by the Navy and the Airforce respectively, but their attempt to silence the opinions of their students is truly shameful.

Musharraf's Supreme Court dismisses challenges to his Rule

The Dogar-headed Supreme Court on Monday threw out five major challenges to President Musharraf's re-election, leaving one to be heard later in the week, the attorney general told AFP. “There were five petitions, they have all been dismissed. There is only one left and that will be heard on Thursday,” attorney general Malik Mohammad Qayyum told AFP. The PPP earlier said that it had withdrawn its challenge as they did not recognize the sham courts sworn in under the emergency rule. It was not clear if the appeal filed by the PPP was among those that had been dismissed.

LUMS Students hold Flash Protest in DHA

Around 20-25 students from LUMS had a flash demo in Defence Market, H Block on Monday. They assembled at the spot at around 4 PM, wearing black armbands and carrying pamphlets pertaining to the nature of their cause. They then undertook a round of the Market, raising slogans and distributing the pamphlets as they went along. A significant crowd gathered in the market to witness the procession, with many bystanders joining in the sloganeering. Around five minutes into the procession, the students dispersed, amid reports that the police were arriving. Overall, the protest was a huge success, with a heartening response from the bystanders witnessing it.
The movement continues..

In Complete Unity

Protest at Aabpara, Islamabad

A demonstration attended by students, political organizations and civil society members was held at Aabpara chowk at 3:00 p.m. There were many slogans heard but soon the protest shifted venue to Geo’s office in Blue Area. Journalists spoke at length with regard to the curbs placed on the media as well as the various abductions of journalists. The police stood watching complacently and even smiled shyly at the occasional "Police ko azad karo (Free the police)" slogans.Later in the day, a meeting was held to discuss further action. A student action committee was formed which had sub-committees within it for greater mobilization and organization. The agenda is nearly finalized and we hope to see pamphlets being printed and distributed soon.