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!
  
  

I don't know how you guys see it but it seems pretty clear to me that Zardari is only trying to buy time to be able to replace PML-N. The PCO judges and the later appointments will lead to another deadlock and the coalition will end up breaking.

-SK

Restitution of judges: A case for constitutional survival

Huzaima Bukhari & Dr. Ikramul Haq

After lapse of mutually-agreed and self-imposed condition of 30 days on April 30, 2008 for the restitution of judges announced in Bhurban on March 9, 2008, a new deadline of May 12, 2008 has been announced by Mian Nawaz Sharif in Lahore on May 2, 2008. This delay once again proved the lack of political commitment on the part of majority party. Their leadership may have many pretexts, valid or invalid, for not following the deadline or deviating from the original declaration promising the restoration of status quo ante of November 2, 2007 without any conditionality.

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-à-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

Open letter to Asif Zardari- By Ghazala Minallah

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.

Thirty nine persons recorded disappeared during the first quarter of 2008

A Statement by the Asian Human Rights Commission

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

Ayaz

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

In light of the fact that the issue of the restoration of the judiciary once again lies in peril, and with the 30 day countdown finally coming to an end. The students organized a rally that proceeded from Fast University to the PPP Secretariat. The protest brought together the students once more to send the message that the youth of the country are still active and will not sit idly by. The slogans chanted were pro-judiciary and anti-musharraf. A new variety of slogans from pre-election days were directed at zardari saying be loyal to us [the people] zardari, do not betray us (ker hum se wafadari, zardari zardai; na ker tu hum se ghuddary, zardari zardari) and musharraf-zardari alliance is not acceptable (musharraf zardari ittehad, na manzoor na manzoor).
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.

Walk in Karachi for Judiciary - 30th April

Peoples Resistance shall hold a demonstration for restoration of judiciary on Wednesday April 30, 2008, at 6 pm at Dalton Market DHA, (in front of Rahat milk shop). Participants will walk down to the Legal Chief Justice of SHC, Mr. Sabihuddin Ahmed’s house for a 30 minute protest.

PR expresses its disappointment that this important issue has not been addressed as promised and would like to reiterate the demand for urgent and unconditional restoration of judiciary. April 30th is the last day of 30-day period committed by two major political parties in Bhurban Declaration for the resolution of this issue.

All concerned citizens /groups are requested to join and show solidarity for the cause of restoration of original judges.

People’s Resistance is a coalition of students, teachers, NGOs, journalists and citizens concerned with restoration of judiciary, freedom of media and restoration of constitution.

Bring banners, placards, flags, T-shirts and your friends!
In a rare quirk of fate if the judiciary is restored on that day, we will mark it as a celebration!

All those in Karachi are requested to join. Please inform all your friends in Karachi.

Habib Jalib - Mainay Uss Say Yeh Kaha - Laal

A poem by Habib Jalib called “Musheer” (advisor) [lyrics]. Jalib wrote it as a satirical piece against Hafiz Jalandari in the period of Ayub Khan. It is equally valid today.

Credits:

Habib Jalib - Mainay Uss Say Yeh Kaha
Shahram Azhar - Vocals
Taimur Rahman - Music
Mahvash Waqar - Backing Vocals
Taimur Khan - Director Producer
Dita Peskova - Assistant Director
Jamie Mill - Recording Director
Laal & Taimur Khan - Music Producer
WIDEi Films - Production Company

Zardari ditching the nation on the judges

Please find the transcript of Zardari's interview with BBC below. Alternatively you can listen to it here: Listen 3 mins 35 secs

Summary:

• Zardari accuses the CJ of playing politics. Mr. Zardari himself is known as 10% before the Nation while the CJ Iftikhar Mohammad Chaudhry is the Second most popular figure in history of Pakistan after Quaid-e-Azam, Mohammad Ali Jinnah. A renowned convict in courts domestically and abroad should refrain from issuing such statements lest he brings forth the wrath of the people.
  
  
• Zardari also accuses that the CJ Iftikhar Chaudhry refused to grant him bail when the only case pending against him was the BMW case. This is baseless. There were still numerous corruption, murder, narcotics and money laundering cases against him. As an example read this report: http://www.reuters.com/article/worldNews/idUSISL12558720080417
  

  Pakistan court acquits Bhutto's widower in second murder case
  

  HYDERABAD, Pakistan (Reuters) - A Pakistani court acquitted Asif Ali Zardari, widower of assassinated former prime minister Benazir Bhutto, in the murder of a civil servant in 1997, his lawyer said on Thursday, the second such exoneration for Zardari this month.
  

  
  Please note that Fatima Bhutto, the daughter of Shaheed Murtaza Bhutto still blames Zardari for the murder. Perhaps we should ask for a UN investigation into the murder of her father as well?
  http://www.despardes.com/articles/2007/20070920-fatima-bhutto.htm
  
  
• Zardari lies that the ball is not in his hand when asked. Anyone with a bit of basic common sense and respect for rule of law would realize that the 7 member bench of the Supreme Court had issued a stay order against the declaration of Emergency and PCO in the country. Hence all actions of Musharraf under the state of emergency and PCO are illegal. The deposed judges are still the real judges of Pakistan. It would require ONE order from the PM for the judges to go back to their offices and PM Gilani has already promised to issue it once the coalition asks him: http://thenews.jang.com.pk/top_story_detail.asp?Id=14265
  We know from the news stories that its Zardari who is the hindrance to the restoration not anyone else.
  
  
• He further argues consensus in parliament is needed. LIE! Majority is needed. All acts need simple majority to be approved. If we had to move ahead with 100% consensus in the parliament there would be no need to have an opposition leader. Why was a consensus not sought for asking for UN inquiry in the assassination probe of Mohtarma Shaheed (which we support, by the way). Mr. Zardari you can not be selectively choose different routes on your liking.
  
  
• His overall tone is not encouraging. "Think so" "hope so" are not synonymous with "Yes". I hope the people are aware enough to realize it.
  
  
• Zardari had shown his true moral character earlier by offering to make the CJ Governor of Balochistan:
  http://pakistanmartiallaw.blogspot.com/2008/04/zardari-offers-gubernatorial-post-to.html
  
  Not everyone is looking for positions, fame or money Mr. Zardari.
  
  
• Complete details of the possible script of Zardari and the Establishment can be seen here:
  http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/
  

There are 4 more days left in the Bhurban Declaration Deadline that was set by the members of the parliament themselves. If the elected representatives do not get us justice through the parliament people of Pakistan will need to figure out other ways of getting justice even if it includes getting hands on the NAB files and hiring lawyers to re-pursue the cases of Mr. 10% in a court abroad that can give us justice. The current Supreme and High Court of cronies is not a court the people of Pakistan trust.

In solidarity,

Saif Rasheed Khan

Transcript of Part of Owen Bennett-Jones's interview of the co-chairman of the Pakistan People's Party, Asif Zardari

Zardari: All of them have played politics. Iftikhar Chaudhry had played politics before, and he's playing politics even now. And we're going to restore the judiciary.

Interviewer: Will you restore him?

Zardari: Hopefully. It's part of it.

Interviewer: Hopefully?

Zardari: Yeah, it depends on the parliament. Not me, I cannot restore or not restore anybody else.

Interviewer: Well, you said… I mean, Nawaz Sharif, the other big political leader is absolutely committed to the restoration of this man.

Zardari: Why do you think I'm not?

Interviewer: Because you've just told me it's not up to you when it is up to you. If you ask the parliament to do this, it will happen tomorrow. It can happen in half an hour.

Zardari: No it cannot happen in half an hour. Even if Mr. Sharif wants it, it can't happen in half an hour.

Interviewer: Why not?

Zardari: There has to be a consensus in the parliament, right? For that there has to be a bill drafted which is being drafted today and its being looked at. I have come to power, People's Party has come to power, we have lost our leader to politics; the fourth leader we're losing to politics! We intend to change the system. I'm not interested in restoring only the judges, I'm interested in restoring the judiciary, the rule of law, the majesty of law, so that no other Asif Zardari stays in prison under trial for eight years and Mr. Iftikhar Chaudhry does not say: "I have not read the case so I cannot hear the case." That was my last case. What was the case? A BMW case. Less duty has been paid. The law of the land is: if duty is unpaid, you take the car, you don't take the man! In that case I was languishing in prison for two years and I went to Chaudhry Iftikhar five times. So we do not allow the judiciary again to do that. The judiciary is on record. They have killed my father-in-law. They admit their judicious murder!

Interviewer: If I can say so, your whole demeanor has just changed in the last minutes. You're angry, and it seems to me that you're angry with this man, this chief justice. (Zardari interrupts: No!) And well, the difficulty of course is that the vast bulk of Pakistan wants this man restored to office.

Zardari: Ok, let me correct you. I'm not angry. If I'm not angry with the people I'm sitting in politics with, who I have marks on my body of.

Interviewer: You're referring to the fact that many of your coalition partners played a role in putting you in prison. I mean, that's true!

Zardari: I was the prisoner of Mr. Musharraf for five years. So if I'm not angry at them, if I haven't asked for the death sentence for the killing of my wife, I don't believe in anger. It's a wasted energy.

Interviewer: Ok, but nonetheless, you've just been very critical of a man who…

Zardari: No no, not a man, but (of) the system.

Interviewer: Would you feel comfortable with this man as Chief Justice again?

Zardari: You will feel comfortable. Pakistan will feel comfortable with the new laws that the parliament brings in, the package that I bring in. It will be to strengthen the judiciary so that they can do justice and not politics.

Interviewer: And as part of that, will Justice Iftikhar Chaudhry be restored?

Zardari: I think so.

Judicial reforms: reconsidering CJ's role

Saturday, April 26, 2008

Babar Sattar

What is wrong with the PPP? Has it still not learnt that Pakistan in 2008 is an assertive, impatient place unwilling to suffer politicians who try to feed the nation with equivocal commitments and platitudes? How many more coalition meetings, special-committee negotiations and expert consultations will it take to conclude that the wrongs inflicted on the judiciary since November 3 must be corrected unconditionally? Hypothetically speaking, had the general not illegally dismissed the judges, and by some miracle of nature the general election had still resulted in the creation of the coalition government that we presently have, would slashing the tenure of the Chief Justice still top the PPP's constitution-amendment agenda? Is it honourable for a popular mainstream political party to derive leverage from the unconstitutional and condemned acts of the general and seek partisan gains in agreeing to support a principal?

Asif Zardari's trite speech on the PPP's commitment to strengthen the 'institution of judiciary' and animate the 'majesty of law' is not comforting due to his party's hectic behind-the-scene efforts to exclude Chief Justice Iftikhar Chaudhry from the bench. A constitutional package fixing the tenure of the chief justice to ease CJ Chaudhry out of office before he reaches the age of superannuation will be rightly viewed as another naked assault on the independence of the judiciary. If Mr Zardari is focused on institution building and not stuck on individuals as he claims, what better way to manifest such principled commitment than by restoring and strengthening all the deposed judges including the Chief Justice who he finds disturbingly independent and unpredictable. The PPP must realize that feet-dragging on the issue of restoration, while smugly deriving benefits from the Dogar Court and keeping compromised wheeler-dealers such as Attorney General Malik Qayyum in office, are all factors compounding its image problem.

It is understandable that the PPP is confronted with a dilemma when it comes to the judiciary. It has now assumed partial control of a malfunctioning justice system that serves the powerful. Now that it is on the right side of the system, there are massive gains to be reaped so long as it is in the power seat. So should it make hay while the sun shines or resist the temptation and make the system less vulnerable to abuse in the larger interest of the nation and to be dealt a fair hand if the party gets the wrong end of the stick in future? The swiftness with which cases pending against Mr. Zardari have been wound up by the courts over the last few months puts the concept of rule of law to shame. This is not a comment on the merit of the cases, but instead the timing and the manner in which they have been handled. It is a well-known adage that justice must not only be done but must also be seen to be done.

What suddenly shook the conscience of our dispensers of justice to arrest the gargantuan wrongs being inflicted upon Mr Zardari for years? How come it dawned on the Dogar Court only last week that requiring elected public representatives to be graduates violated their constitutionally protected right to freedom of association and equal protection of law. Pro-democracy forces have been crying hoarse for the last six years that the graduation condition makes a mockery of democracy, equal rights and majority rule; it is elitist and constitutes a grave infringement of citizens' fundamental rights by proponents of 'controlled-democracy'. The Supreme Court hearings in the matter suggest that the court could not previously fathom the discriminatory effect of this disenfranchising law due to lack of empirical evidence (in a country where even the exaggerated literacy rate is around 50 per cent and those able to read papers are deemed literate!). Is it merely coincidental that while general election were held under the graduation condition, the Doger Court struck down the law prior to the by-election wherein Mr Zardari – reportedly a non-graduate – wishes to contest?

One marvels at the compulsions that force individuals, bestowed with the divine calling to mete out justice, to stoop to shameful levels of partiality. Notwithstanding the psychological profiles of those at the helm of our institutions of justice, opportunistic decisions of the Dogar Court and the surrounding circumstances in which they are rendered emphasize the urgent need to reassemble an independent judiciary. It is true that no other court can possibly provide the kind of predictable legal service that the PPP or any ruling party can desire. But in conjuring up the image of a desirable court, considerations of autonomy, fairness and impartiality must override those of predictability and spineless loyalty. For spineless loyalty can change sooner than the weather. And in any event the majesty of a legal system cannot be enthroned if the law means different things at different times depending on whether the litigant is powerful or dispossessed.

If Mr Zardari is serious about strengthening the judiciary as an institution, he can sponsor process-driven reforms and initiatives that could even address the PPP's misconceived fears that if unconditionally restored CJ Chaudhry might be beholden and partial to the PML-N.

The coalition partners can agree to reconsider the administrative authority of the chief justices of the Supreme Court and High Courts. The independence of the judiciary is actually a means to create an impartial judiciary, as explained at length by Justice Asif Khosa of the Lahore High Court, while speaking at the International Judicial Conference held in Islamabad in 2006 during the golden jubilee celebrations of Pakistan's Supreme Court. Such judicial independence and impartiality can be threatened not only by the executive -- as has historically happened in Pakistan -- but also by chief justices to the extent that they exercise their administrative powers to influence the judicial function of other members of the court.

As Justice Khosa elaborated in his paper: "Concentration of powers in the hands of the head of a judicial institution regarding constitution of benches, allocation and distribution of cases among benches, attaching priority to different kinds of cases and geographical transfers of judges is an issue which has raised eyebrows in the past and can also resurface in the future. A possible misuse of such powers by the head of a judicial institution can effectively render the independence of an individual judge to be of no practical utility or benefit to the citizens at large." The chief justice as the head of the court is first among equals and his judicial authority is no more than that of any other member of the bench. However, by virtue of his administrative powers to determine the composition of benches as well as which bench hears what cases, he can single-handedly influence the judicial outcome of important cases being adjudicated by the court.
Judicial independence implies independence of a judicial officer from all extraneous considerations and influences, including freedom from the coercive influence of seniors on the bench. Conventional wisdom suggests that the best protection against abuse of arbitrary authority is to distribute it widely. In the US all justices of the Supreme Court have a vote in determining which matters are to be fixed before the court, just as they have an equal vote in determining the outcome of a legal dispute. Given the size of our court and the number of cases heard by the apex court, a voting system involving all justices might not work for us. But our Supreme Court should have an executive committee comprising the five senior most judges who collectively exercise the administrative functions of the court, with the chief justice functioning as the committee chair.

Such an approach to judicial reform will be rooted in principle, as opposed to being outcome-driven, unlike the proposed reduction in CJ Chaudhry tenure aimed at seeing him off as soon as possible. One the one hand it will guard against the whimsical exercise of authority as well the partisan affiliations of all chief justices, and on the other it will make it harder for a ruling executive to solicit favourable decisions from the court in a matter of days by liaising with an all-powerful chief justice. Effective statesmanship requires of a leader to conceive a vision larger than the immediate partisan goals of his clique. In order to establish that the PPP's commitment to judicial independence and reform transcends its love for the NRO, Asif Zardari must opt for a principled approach to reform that makes the judiciary impervious to partisan executive manipulation – even the PPP's.

The writer is a lawyer based in Islamabad. He is a Rhodes scholar and has an LL.M from Harvard Law School.

Pakistan closing in on pact with militant's Mehsud tribe

PESHAWAR, Pakistan, April 25 (Reuters) - Pakistan is close to clinching a peace pact with the Mehsuds, one of the most recalcitrant tribes in its tribal region bordering Afghanistan. “It's now a matter of days before we have an agreement. The talks are in a very advanced stage,” a senior government official involved in the negotiations told Reuters. A draft of the 15-point accord with the Mehsud tribal elders was shown to Reuters. It included a call for an end to militant activity, exchange of prisoners and gradual withdrawal of the army from South Waziristan. The draft did not explicitly say whether militants should stop cross-border attacks into neighbouring Afghanistan. But it did say Mehsud tribesmen should expel al Qaeda and other foreign fighters from their area within a month and stop their lands being used as a base for attacks. While the authorities and tribal elders made final touches to the pact, Baitullah Mehsud, who was declared as the leader of the Pakistani Taliban late last year, on Wednesday ordered his followers to stop attacks inside Pakistan. A government official described the ceasefire as part of a series of confidence building measures that will be taken before the agreement is signed. He said the government also planned to lift blockade of Mehsud territory by the military.

Zardari dancing to the tunes of the Establishment?

Suppose The Establishment and Zardari were to team up, how would the script have rolled?

• Zardari would have wanted to become PM.
• For that he would need to have all his murder, corruption, money laundering charges dropped.
• Requirement for BA would be dropped (though according to some sources Zardari is a graduate)
• By elections would be delayed.

• The establishment would have wanted to delay the whole issue using attrition to wear down the movement.
• They would have liked Musharraf to stay.
• And of course the judges restoration be delayed or avoided.

What do we see right now?

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
• Petition put in SC when the count down is nearing its end to stop the restoration

The works of Zardari:

• No question of impeachment raised by Zardari
• PPP members have even called Musharraf “an asset” for Pakistan
• Needless delay over the judges
• 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 said kay 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 and Sherry Rehman.
• 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.
• Delaying the issue of restoration from the first parliament session to 30 days.
• Then creation of a committee which leads to deadlock.
• Then the establishment puts a petition when the count down is about to end.

The issue of the judges:
The deposed judges are still the real judges. A simple order by the PM or a resolution in the parliament telling them to return to their offices would have been enough.

Suppose Zardari wanted to restore the judges and listen to our demands, how would the script have looked?

• First session would have asked the judges to return to office.
• Impeachment case put against Musharraf so he could not use 58-2(b)

Which of the two scripts do we see being played?

Can we still trust Zardari (or the PPP) after all this?

Politics of student unions

Wednesday, April 23, 2008
Syed Saad Rizvi

The removal of ban on student unions by the present government is a welcome sign for the establishment of a strong democracy in Pakistan but there is still a lot that needs to be done. Much damage has already been done to the image of politics and its effectiveness among the post-1984 generation – especially present students – because of the long-standing ban on student unions.

General Ziaul Haq banned student unions, learning from his Turkish counterparts, in an attempt to subdue politics. The decision was further compounded by his ideological leanings because that mean that progressive student bodies were effectively rooted out but Islamic student's organizations such as the Islami Jamiat-e-Tulaba (IJT) were in fact strengthened during his time. As a result, these Islamic student unions gained a monopoly in the universities and frequently resorted to militancy and violence to harass students at campuses to coerce them into following the student wing's own agenda. Furthermore, the state support, even if covert, to these student organizations made them immune to any action from law-enforcement agencies and this only served to embolden them. In many cases, members of the faculty at various universities felt their moral duty to support these militant student organizations to the extent that they became their de facto members and/or patrons.

Also, in the aftermath of the ban, some student organizations arose along ethnic lines while others, remnants of former unions, associated themselves with political parties. The student organizations that organised along ethnic lines were armed and did not hesitate to engage in violence to safeguard their interests. These student organizations also represented and reflected the resentment of local ethnic groups against the policies of the central government and also the state itself.

The ban on student unions did not stem the violence on campuses, which only continued to grow. Adamjee Government Science College, apparently the best intermediate college in Karachi with a student body that is among the brightest in the country, was often scene of many violent incidents. On the very first day for new students who join the college, the above-mentioned student organizations have their representatives at the college door, all trying to lure the new students to join their student wings. They are attracted by what later turn out to be bogus promises of helping with academics or even with the registration process. Some even go to the extent of claiming themselves to be saviours against campus violence and pledge to protect their members from it. As for those students who manage to somehow avoid joining a student union, they still are affected by violence. It is this violence which greatly affected how most students see and perceive student unions on campus – usually as things to be avoided. The power of the student wings was, as is, such that usually even the head of the college, the principal, is unable to do much about the violence, except to call in the Rangers of the police, as and when it happens. And this state of affairs is found across the length and breadth of the country.

So, while the step to lift the ban on student unions is good that it may allow some genuine politics to take place and could help reduce the incidents of violence, it needs to be followed by a stringent deweaponization campaign in all colleges and universities. If done without favouring any particular student wing it could restore a certain level of confidence in student politics and would also contribute towards the establishment of a level playing field for all student organizations. Reducing violence in politics at national level would also serve as motivation for those students who may already be interested in political activism.

In addition to this, courses in civics should be taught to secondary school students. Political science, history and geography should all be offered as separate subjects instead of the hodgepodge that one finds in the form of Pakistan Studies. In addition, seminars and conferences should be held to explain to students the real role of student unions and how they can be used as a platform for airing and reflecting the wishes and aspirations, as well as grievances, of students to the administration and even to the government of the day. Politicians could be invited to campuses to engage with students in dialogue and this could help remove some of the faulty notions that many students have of politics and politicians.

Students need representation at some level. All developed and democratic nations have student platforms and organizations and these usually serve as breeding grounds for future leaders. Besides, if an interest in politics is not encouraged or developed during one's student years, this country could face a grave leadership crisis – the signs of which are already becoming visible.



The writer is a student at the University of Connecticut in the US. Email: syed.mustafa@uconn.edu

Zardari's statements and the Murree Declaration: Contradictions..?

Countdown has not begun: Zardari (Courtesy The Daily Times)

LAHORE: The countdown for the restoration of judges sacked on November 3, 2007, has not begun, Pakistan People's Party (PPP) Co-chairman Asif Ali Zardari told Aaj Television on Monday. Zardari said the countdown for the restoration of the sacked judges would begin after the formation of all four provincial governments. The PPP co-chairman said he was developing a consensus among coalition partners on the draft resolution for the restoration of the sacked judges, adding that the PPP was committed to restoring the sacked judges under the Murree Declaration. Zardari said he did not want a judiciary that would succumb to the pressure of the government.


Text of the Murree Declaration:

http://www.hindu.com/nic/pakistan-murree.htm

1-Allied parties, the Pakistan People's Party and the Pakistan Muslim League (N) resolve to form a coalition government for giving a practical shape to the mandate, which was given to the democratic forces by the people of Pakistan on February 18, 2008.

2-This has been decided in today's summit between the PPP and the PML (N) that the deposed judges would be restored, on the position as they were on November 2, 2007, within 30 days of the formation of the federal government through a parliamentary resolution.

3-The parties agreed that all allied parties would fully support the candidate for the position of the prime minister, nominated by the PPP. The PML (N) suggested that the candidate for prime minister should be such person who can take ahead the common agenda of the allied parties.

4-The parties agreed that the speaker and the deputy speaker of the national assembly would be from the PPP while the speaker and the deputy speaker of the Punjab assembly would be from the PML (N).

5-Both the parties agreed that the PML (N) would be a part of the federal government while the PPP would be a part of the Punjab government.

6-This is the solid opinion of the leaderships of both the parties that the allied parties are ready for forming the governments and the sessions of the national and provincial assemblies be summoned immediately.

PML-N may quit federal ministries

RAWALPINDI: Pakistan Muslim League (PML-N) has decided Monday night to quit all the federal ministries if the deadlock among their party and Pakistan People’s Party (PPP) over the restoration of judges persists.According to details, PML-N chief Mian Nawaz Sharif held consultations with the party leaders and arrived on the decision that his party ministers will leave the federal ministries if the deadlock with the ruling PPP persists over the judges restoration.It was said however that PML-N will continue supporting PPP in the federation.

Nawaz-Zardari meeting again today

LAHORE: Pakistan Muslim League (PML-N) spokesman Siddique Al Farooq said that the previous negotiations between PML-N leader Nawaz Sharif and Pakistan People’s Party (PPP) Co-chairman Asif Ali Zardari have failed to achieve results.
Talking to media outside Punjab House here, he said that no party could withstand the failure in the negotiations over the restoration of judges. Responding a question regarding the judges restoration, Siddique Al Farooq said that there is consensus and constructive approach present between PPP and PML-N.
He said the negotiations process will continue even today.

(Courtesy GEO)

Impasse in PDA over judges restoration

ISLAMABAD: There is a deadlock among ruling parties in connection with the finalization of draft resolutions for restoration of judges and Constitutional Package to be presented before National Assembly.
Geo News, citing source, said the Pakistan Democratic Alliance came to a stalemate over some points of the draft resolution including mainly the retirement age of judges and date of their restoration.
Had the parties reached an agreement in today’s negotiations, the Awami National Party (ANP) would have also joined them. However, the negotiations will resume tomorrow.It may be mentioned here that the spokesman of Pakistan Muslim League (N), Siddique Al-Farooq said the talks between PML-N Chief Nawaz Sharif and PPP Co-chairman Asif Ali Zardari over the draft resolution could not be completed today. The negotiations will be resumed on Tuesday, he added.

(Courtesy GEO)

Draft resolution on judges issue ready

By Syed Irfan Raza

ISLAMABAD, April 20: The government has finalised the draft of a resolution for reinstatement of all deposed judges, including Justice Iftikhar Muhammad Chaudhry, PPP sources told Dawn on Sunday.

The sources said that the resolution would be presented in the National Assembly within a week and all deposed judges of superior courts would be reinstated.

They said the coalition partners had made some changes in the draft of the resolution prepared by former justice Fakharuddin G. Ibrahim.According to the agreed draft, the strength of the Supreme Court would be enhanced and no existing judge of the apex court would be removed.

The original draft had sought removal of the judges who had taken oath under the Provisional Constitutional Order (PCO). The new draft suggests that the deposed chief justice would work till reaching the age of superannuation.

When contacted, information minister Sherry Rehman said that the coalition partners were very actively working for the reinstatement of deposed judges and a final announcement would be made soon.“We want the best possible solution to this problem,” she said.

Another senior leader of PPP said that PPP co-chairman Asif Ali Zardari, PML-N chief Mian Nawaz Sharif, Awami National Party President Asfandyar Wali and Maulana Fazlur Rehman would make a formal announcement of the agreed resolution.

The author of the resolution, Justice Fakhruddin G. Ibrahim, has stressed the need for early reinstatement of judges in accordance with the Constitution, and advised against politicising the matter.

He said that he had sent the draft of the resolution some three weeks ago and pleaded forcefully that the coalition government could easily reinstate the judges without any constitutional amendment because the judges had been deposed unconstitutionally.

The resolution also had the backing of 15 former superior court judges, four chief justices among them, who had supported Justice Ibrahim’s contention that the removal of judges under the emergency decree on Nov 3 was unconstitutional and that a resolution in the National Assembly would be sufficient for their reinstatement.

(Courtesy DAWN)

Zardari hints at becoming PM, says judges acted in 'self-interest'

LONDON: Co-chairman Pakistan People's Party Asif Ali Zardari has announced that he will be taking part in the coming by-elections and, if need be, he can become the prime minister.

In an interview with a British news channel, Zardari said he and his sister Faryal Talpur would submit their nomination papers to contest the by-elections from Benazir Bhutto's constituency NA-270.

Responding to a question, he said it was not necessary that the party chairman must become the prime minister but he could be the PM if need be.

He said his party would maintain the status quo with the president but would think about his accountability if they got a two-thirds majority in parliament. He said the prime minister had secured more than two-thirds of the votes in the National Assembly but some members might not vote for the president's accountability.

Zardari said the establishment brought President Musharraf into power and "these are the same forces which are now hatching conspiracies against the democratic government." He said the establishment had also asked Benazir Bhutto to boycott the elections.

He alleged that the judges did not start the war because of any danger to democracy but they did so in their self-interest. He said even then, he was in favour of reinstating the deposed judges.

(Courtesy The News)

Parliamentary sovereignty… a fine notion

Ayaz Amir

(Courtesy The News)

Friday, April 18, 2008

And so far in this blessed country, where form has always reigned over substance, parliamentary sovereignty is just that: a fine notion, to be spoken of in thundering terms. That's about it. In actual practice it is rather a threadbare notion. You would expect the members of this 'sovereign' National Assembly to be well-informed about the nation's affairs. They are certainly not better informed than newsmen.

Ask most of the members and perhaps most of them wouldn't have a clue about what's really cooking over the judges' issue. They get their information from the newspapers and newspapers too, such being the standards of reporting, can be dodgy, the headlines suggesting one thing while deep in the story would lie buried something completely different.

Take the recent meeting between Asif Zardari and Nawaz Sharif in Islamabad to discuss the restoration of the deposed judges. The headlines said unambiguously that they were in complete agreement and that they had reiterated their commitment to the Bhurban declaration or accord. But the later paragraphs of the same story suggested that no agreement had been struck on the actual mechanics of getting the legitimate Supreme Court, and high courts, back.

Every time I now hear about another reiteration of commitment to the Bhurban accord I feel like wiping my nose, or reaching for my gun. Why is the National Assembly, attired in the robes of its yet-to-be-proven sovereignty, being so foolish? Restoring the rightful Supreme Court is not a matter of partisan politics, although this is what many in the PPP seem convinced of, that the judges' issue deep down is a conspiracy between the PML-N and My Lord Chaudhry.

We are familiar with silly things but this takes the cake. No, it is not a partisan issue. It concerns all of us and, on the pragmatic plane, it concerns the National Assembly most of all because the sovereignty of the National Assembly will remain a pipedream unless buttressed by an independent and powerful judiciary.

There was a time, lasting for much of our history, when there was a compact between generals and judges and together they made a fine thing of our democracy. Today we have a chance to build something new: a compact between the judiciary and parliament.

This will not open the floodgates of prosperity. Let's not kid ourselves on that score. But it will be good for democracy and that is something worth striving for because with all its shortcomings democracy is a whole lot better than the rotten military dictatorships we have endured.

If the political leadership doesn't get this, if it doesn't grasp the importance of an independent judiciary, then God help us. The stories we are getting to read about committees to examine the judges' issue, the seniority of Justice Falak Sher over the seniority of My Lord Chaudhry, are getting a bit too much because even if most of these stories amount to kite-flying, they at least suggest that there are worthies uneasy at the prospect of seeing Justice Chaudhry back in the Supreme Court.

The word conspiracy is much in vogue these days. Anything happens and it is put down to a conspiracy. But on the judges' issue if there is any conspiracy to see the last of Justice Chaudhry and ensure that he doesn't stay long in the Supreme Court it is arising not from the walls behind which the once-powerful generalissimo, President Pervez Musharraf, lies besieged but from the redoubts of democracy. Ironic but grimly true. Justice Chaudhry and his brother judges may be popular with the masses. Alas, they are not so popular with the political class or with the political leadership.

For obvious reasons I am drawing no distinction between the PPP and the PML-N but when I say the political leadership I think my meaning is pretty clear.

In an email from distant Singapore Dr Noeen Arshad makes a rather telling point: "I have…noted that even since Feb 18 elections, there is directly or indirectly a mention of Musharraf in your articles. Agreed he was bad for the country. But do we have to keep on talking about him all the time? I am sure you will agree that even if one talks in negative of another it means that the person is on one's mind. Let's get him off our minds, let's not talk about him…I just hope that we have learnt from our mistakes and I would not like to read about the present government in future like we read about Musharraf today!!"

Touche! Musharraf did what he did and he is paying the price of his many failures. But now the reins of power are in different hands. How long do we propose living in the past? We should now be asking ourselves what Bastille walls have we pulled down, what bright morn are we ushering in?

The judges' issue may be taking forever but how quick the new interior boss, Herr Rehman Malik, has been with a measure which, had it been proposed during the Musharraf era, would have triggered a national uproar. As you must have read in the papers, anyone wanting to hold a public meeting or take out a rally would have to seek permission three days in advance. Provincial governments, we are informed, have also been asked to select a 'people's corner' in every tehsil and district headquarters where public meetings will be held on a 'first come first serve' basis.

You might have thought that such a sweeping measure, which amounts to restricting political activity, would have been debated in the sovereign National Assembly. But the sovereign National Assembly heard about it on the evening news or read about it in next morning's newspapers.

As I say, had anything like it been mooted before Feb 18 all hell would have broken loose, column writers and TV anchors going blue in the face denouncing another draconian (another word we have fallen in love with) measure. But since we have stepped into another era of democracy our reaction, I guess, will be more restrained.

Anyway, does the permission clause mean that if another Bushra with her two minor kids, driven to despair by poverty, lies down in the path of an incoming train in order to put an end to her miserable life, and if, on account of this, the people of her locality, also children of despair, are roused to fury, they would first have to put in a request to their local police station before taking out a rally? Or would they be expected to travel to their 'People's Corner' at tehsil headquarters, there to deliver angry speeches?

One Abdul Basit died the other day in Lahore because of police torture. This happened in the Baghbanpura police station. Incensed, as they had every right to be, the people of the locality came out to protest. They beat two policemen in plainclothes and burnt their motorcycle. What else could they do? On what or whom else could they have vented their anger? But under the new Herr Rehman decree people like the incensed citizens of Baghbanpura would have to give three day's prior notice before taking out a procession.

I think no provincial government, except perhaps the good government of Syed Qaim Ali Shah in Sindh, will be silly enough to go along with this exercise in creative fancy. Be that as it may, it surely deserves some kind of a prize for unintended comedy.

I think the most momentous event in the country since Feb 18 has been the suicide of Bushra and her two minor kids because it tells us of what we truly are and what we pretend or profess to be. I am sure it will shake none of us out of our complacency. But such things are taken note of in the skies above. Such are the events that drive the avenging angels to fury.

The prime minister went to Bushra's house, or the hovel that passes for her parent's house, bearing a gift of two lakh rupees. At least he went there which is more than can be said of those who occupied high office during the past eight years when suicides as a result of poverty became a pretty frequent affair.

But I liked what Bushra's father said before the television cameras: to how many people will you go giving one or two lakh rupees? The more important thing is to do something about inflation. A professor of economics could not have put it more succinctly. There was pain on his face as he said this but, surprisingly, not much bitterness in his tone.

I am reading a life of the young Stalin. Stalin too grew up in poverty. The question to ask is why the conditions of life in Tsarist Russia produced a Stalin, and so many others like him, and why with us, poverty and oppression give rise only to acceptance and resignation…and endless visits to mazars and khanqahs, of which we have more than any other country in the world.

Email: chakwal@comsats.net.pk