Saturday, March 8, 2008

BLACK FLAG WEEK PROTEST FOR 9TH MARCH 2008

---------------------------------------------------------------------------------------------------------------
Black Flag Week
For up-to-date schedule, please visit: http://blackflagweek.blogspot.com/
Add Black Flag Week Feed to your blog
To use RSS feed: http://blackflagweek.blogspot.com/feeds/posts/default?alt=rss
To use ATOM feed: http://blackflagweek.blogspot.com/feeds/posts/default

Post Your Videos in Response to Aitzaz's Videos:
http://www.youtube.com/watch?v=EOzwt953sTU
Send your pics to: blackflagweek@gmail.com
---------------------------------------------------------------------------------------------------------------
Islamabad:

Saturday, 8th March:
Gather at Mr. Books in F-6 Supermarket for an address by Aitzaz Ahsan to traders of the area and a subsequent march to Aabpara.
Please do not forget that March 8th is International Women's Day, hence WAF and other organizations have organized a march at 5:30 pm at China Chowk to the Parliament House.

All day camp near Mr. Books, Super Market to distribute flyers for rally and and black flags.

Sunday, 9th March:

Massive rally led by Aitzaz Ahsan from his Islamabad residence (Street 16, F-6/3) at 4 pm to the CJ's residence. Bring black flags and wet towels in a plastic bag. Swimming goggles are also recommended since we anticipate heavy teargas.

Camp Sunday till 4 pm near Mr. Books, Super Market to distribute flyers for rally and and black flags. Imran Khan will lead a rally from here to join Aitzaz Ahsan's rally.
---------------------------------------------------------------------------------------------------------------
Lahore:

Saturday, 8th March:
Car Rally to Advertise Black Flag Week: Cars will be divided in 3 groups to leave from 5 Zaman Park (Nehr Ghar) at 3 pm on separate routes (routes will be given on arrival).

Sunday, 9th March:
Car Rally to leave 5 Zaman Park (Nehr Ghar) at 3 pm for Justice Ramday's

---------------------------------------------------------------------------------------------------------------
Karachi:

Saturday, 8th March:
Flag hoisting:

*Women's Action Forum (WAF), 11:30 am at Teen Talwar

*Jinnah Medical University (Medicare Hospital), 5 pm, Shaheed e Millat Road

*Iqbal Haider's House, 6 pm, B-25, Block 4, KDA 5, Clifton (behind Designers on 26th Street)

Sunday, 9th March:
Protest with political parties at 3 pm at Karachi Press Club
---------------------------------------------------------------------------------------------------------------
London:

Sunday, 9th March
:
Protest in front of Pakistani High Commission in London 2 PM - 3 PM. Contact Taimur Rehman ( 07825160691) for details.


In Solidarity,
Samad

--
**^**^**^**^**^**^**^**^**^**^**^**^**^
Samad Khurram
Harvard College
394 Winthrop House Mail Center
Cambridge, MA 02138
E-Mail: skhurram@fas.harvard.edu
Cell(US): +1-(617)960-7289
Cell(PK): +92-300-5599085

Friday, March 7, 2008

Aitzaz Ahsan’s call for Black Flag Week (9th-16th March)



Dear All,

Aitzaz Ahsan has given a call to observe Black Flag Week in Pakistan. Everyone is requested to show their solidarity for the restoration of the independent Judiciary in Pakistan.

Here are a couple of things you can do:

1) Record a small video of yourself wearing a black flag, black clothing or even just a black cap and post it on youtube in response to the Aitzaz's video message. In the video you should talk about why you support the restoration of the judiciary.

To respond to the video: http://www.youtube.com/video_response_upload?v=EOzwt953sTU

If you have trouble uploading the video on youtube please email the clip to blackflagweek@gmail.com


2) Take a picture of yourself, your friends and/or your family holding a black flag or wearing black clothes and send it to blackflagweek@gmail.com. If you are uncomfortable revealing your identity you can have the picture taken from your backside or cover your face before taking the picture. You can also help us by taking pictures of your friends, family members, relatives and others who may not be able to take pictures


3) Take part in the events that observe the Black Flag Day in your cities. You can get information about the major events at: http://blackflagweek.blogspot.com/

If your event is not shown on this blog please email blackflagweek@gmail.com with details of the event and it will be updated shortly.


4) Attached is a picture that you should use as your facebook, orkut and myspace picture for till Sunday, March 16, 2008.


5) You can use many variations of a black flag. Suggestions include black armbands, headbands, stickers, caps, headscarfs, etc.


6) Please encourage your friends, family, teachers and everyone else you know to participate in the Black Flag Week. The biggest strength to the campaign would be pictures and videos.


7) Please forward this email to as many people as you know to make this campaign a success. You can also inform them of this campaign through facebook:
http://www.facebook.com/event.php?eid=22589890270

In solidarity,
Samad

------------------------------

--------------------------------------------------------------------------------------------------------------------------------

PRESS RELEASE: Thursday, 28th March, 2008.

Aitzaz Gives Call for LAWYERS' Black Flag Week:

Lahore:

In a statement issued here from his residence, where he is detained, Barrister Aitzaz Ahsan, President Supreme Court Bar Association, said that a Long March scheduled for March 09 has been postponed to give Parliament time to restore the deposed judges. It has not been cancelled. The lawyers, he said, appreciated the concern of the Parliamentarians and the leadership of the political parties to permit Parliament to meet and take steps for the restoration of the judges in the first instance.

Aitzaz, however, said that two of the most unfortunate days in our history fell in the year 2007. On March 9, none other than the Chief Justice of Pakistan was arrested. On December 27 a much greater and far more enormous tragedy struck. The most important leader of the country Mohtarma Benazir Bhutto was martyred. The nation continues to mourn her. Lawyers have decided to commemorate both days with sorrow.

Aitzaz said that presently March 9th to 16th would be commemorated as the BLACK FLAG WEEK in and outside Pakistan. Those opposing Musharraf and seeking the restoration of the deposed judges will fly "Black Flags" through out the week as per the following recommended programme:

· On Sunday 9th March Provincial Bar Councils to hold conventions of Representative Lawyers presided over by a deposed judge at the Provincial Headquarters and hoist black flags.

· On the Monday 10th and Thursday 13th all Bar Associations will hoist Black Flags at 10.00 a.m. and after speeches by the President and other members will take out rallies. There will also be a Complete Strike on these two days. Arrangements are being made to relay the address of the SCBA President and the CJP on these two days at one and the same time to all the Bar Associations of Pakistan.

· Rallying lawyers will only carry black flags and black banners. Photographs of the CJP, CJs of Sindh and NWFP and lawyers who were detained may also be carried.

· On other days of the week, the flag hoisting ceremony will take place every day and the General Body will meet. Speakers will address the House.

· Special resolutions will be passed, every day, to appreciate the courage of the three school-going children of the Chief Justice of Pakistan who have been in complete detention since November 3 and have not complained.

· Lawyers will distribute black flags, arm bands, and head bands during the rallies and at other times among the public. Although it will remain a lawyers' protest, students, civil society and party cadres may join with party as well as black flags.

· All students, particularly of law, may volunteer to help the Bar Associations.

· From March 3 onwards, Press briefings will be given daily by all office bearers of all Bar Associations stating the progress of the preparations for the lawyers' BLACK FLAG WEEK in their district and area.

· In this regard Bar Office-bearers will contact students, businessmen, traders, professional and women organizations, chambers, trade unions for logistical assistance and support.

Aitzaz said that the Lawyers' Long March has been postponed but not cancelled. A date for it would be announced, if necessary, after the Parliament has convened. The Black Flag Week will be a soft preparatory step to the Long March and will re-energize lawyers and the Lawyers' Movement.


Aitzaz Ahsan
President, Supreme Court Bar Association

--
**^**^**^**^**^**^**^**^**^**^**^**^**^
Samad Khurram
Harvard College
394 Winthrop House Mail Center
Cambridge, MA 02138
E-Mail: skhurram@fas.harvard.edu
Cell(US): +1-(617)960-7289
Cell(PK): +92-300-5599085

Wednesday, March 5, 2008

Important Campaign: Lies by Ansar Burney regarding Chief Justice

Dear All,

Yesterday Ansar Burney blatantly lied in an interview that (news report attached):

THE CHIEF JUSTICE IS NOT UNDER HOUSE ARREST!
THERE ARE NO RESTRICTIONS ON HIM OR HIS FAMILY!
IN REALITY HE IS NOT VACATING HIS HOUSE!

Lets tell him he can not lie in our faces and get away with him. Here are things you can do express your utter disgust at these outrageous statements. DEMAND AN APOLOGY FROM HIM AND AN IMMEDIATE RESIGNATION

It shocks us that he can end days trying to locate an unknown Indian prisoner in a remote jail while LIE about the Honorable Chief Justice who has been under house arrest with his family since NOV 3 a few blocks away from his office.

CALL OR SMS HIM AT HIS PRIVATE NUMBER AND ASK FOR HIS RESIGNATION: 0300-8243460

EVEN IF HE DOES NOT PICK UP YOUR CALL, HE WILL READ YOUR SMSES. SMS HIM LIKE CRAZY.
To SMS from the internet visit: http://smspk.kalpoint.com/Mobilink1.php
(you will need to enable JAVA APPLETS to use this)

CALL HIS OFFICES IN KARACHI AND LONDON AND TELL THEM YOU WON'T BE DONATING TO A LIAR'S NGO. WHO KNOWS WHAT HE DOES WITH OUR DONATIONS
London: + 44 20 8422 2277
Karachi: + 92 21 262 3382 / 83

FAX
London: + 44 20 8423 4555
Karachi: + 92 21 262 3384

EMAIL
humanrightsuk@aol.com

VISIT HIS OFFICES IN PERSON OR WRITE TO HIM
Islamabad: Ministry of Human Rights, R Block, Pak. Sectt. Islamabad
Karachi: 6 Hassan Manzil, Arambagh Road, Karachi
London: 18 Peterborough Road, Harrow, Middlesex, London. HA1 2BQ

LODGE OFFICIAL COMPLAINTS TO HIS SECRETARY.

Joint Secretary

Name : Mr.Ahmed Dildar
Address : R Block, Pak. Sectt. Islamabad
Tel : +92-51-9211278
Fax : +92-51-9201631

Deputy Secretary (Admin-I)

Name : Mr.Saad Qureshi
Address : R Block, Pak. Sectt. Islamabad
Tel : +92-51-9203397

Deputy Secretary (Admin-II)

Name : Rana Zahoor Ahmad
Address : R Block, Pak. Sectt. Islamabad
Tel : +92-51-9202658


Lets make sure he learns his lesson. We are SHOCKED to have such double-faced ministers. EVERY MSG COUNTS. START CALLING AND SMSING LIKE CRAZY!

In solidarity,
SK
------------------------------------------------------------------------------------------------------------------------------------------------------------

Source: http://pkpolitics.com/2008/03/05/ansaar-barni-exposed/

Ansaar Barni Exposed!

Ansar Barni, the interim Human Rights (abuse?) Minister breaks the record of Muhammad Ali Durrani in disinformation and exposes his blind loyalty to Musharraf regime.

Ansar says that Chief Justice and his family are not under arrest, but have been illegally occupying the official residence of Chief Justice.

------------------------------
----------------------------------------------------------------------------------------------------------------------------------

Tuesday, March 4, 2008

Operations in Wazirstan causing mass internal displacement of refugees

Karachi resources already overstretched to the limit because of uncontrolled urbanization, is struggling to manage the influx of refugees who have been fleeing the ongoing. operations in Waziristan.

A flight of desperation riddled with peril

Tuesday, March 04, 2008
By Qadeer Tanoli
THE NEWS

Karachi

While hundreds of families belonging to Waziristan are taking, or are aspiring to take, refuge in Karachi as a result of the military operation being carried out by the Army in the area against the Taliban, the journey to the metropolitan ‘sanctuary’ is a long and difficult one.

Seeking shelter in parts of the city that are already occupied by their relatives, mostly in some areas of Landhi, life isn’t easy even after the displaced families manage to flee the war-torn area.

Baghdan, a Waziristan local currently in Karachi, narrates the story of the grueling journey that he, his sisters and their children were faced with after they fled Zarmik, a village in South Waziristan, to get to Karachi around a fortnight ago.

Even getting to Miranshah, let alone Karachi, has become next to impossible for the locals of Waziristan, says Baghdan. Since the operation was launched, he continues, “Jeeps that previously charged Rs200 per person for traveling from far flung areas of South Waziristan all the way to Miranshah, are now charging Rs2,000 for the same destination.” He further adds that buses taking passengers from Banu or Miranshah all the way to Karachi – an otherwise relatively conventional route – are presently charging nothing less than Rs1,300 per person.

The reason behind the inflation in the charges, he says, is that, instead of taking the main roads and risking their lives in potential cross fire, they take the passengers through alternative, covert routes in an attempt to make the journey as safe as possible.

“Heavy snowfall in the operation-affected areas, forcing one to travel on foot, doesn’t make life any easier either,” Baghdan adds. According to him, male members of the fleeing families are transporting the women and children to Karachi, after which the men opt to head back to the village to take care of the cattle they are forced to leave behind.

Going on to talk about his family’s arrival in Karachi, Baghdan says that, even though the arrival of so many people from his village is cramping the available space, these displaced families appear content with their current living conditions. However, their sense of security may be short-lived.

Baghdan’s landlord, who also belongs to Waziristan, has asked them to vacate the house they have lived in since arriving from Zarmik soon, as his (the landlord’s) own family from the war affected area is heading to Karachi to seek shelter.

Muhammad Durrani, Baghdan’s neighbour in Karachi, says that these families are facing severe accommodation problems at present. Durrani assesses that they left their village in such haste, that they didn’t even bring enough clothing.

Durrani appeals to philanthropists to donate whatever they can to help equip these displaced families with basic human needs. Needless to say, the choice for the refugees is complex. While the family is faced with a renewed struggle to find shelter in Karachi now that they are here, living back home in Waziristan is far from easy these days – even if you manage to dodge the militant-Army conflict.

“Many incidents of robberies have taken place in my village, where locals were deprived of their valuables,” Baghdan says. With the robberies getting out of hand, the villagers turned to the local ‘Taliban’ for help, who then punished the culprits on the spot, he recalled.

Nasir, a seven-year-old nephew of Baghdan, has seen several incidents of bombings in his village. “A few days ago, I saw a bomb drop right in front of my house,” he says plainly.

Although the young boy is afraid of the bombings and shelling, he would still prefers to return to his village. Back in the village, however, Nasir’s father is far from anticipating the return of his family.


The Pakistani military mindset

A.H Amin
While third world military figures , in power or retired make impressive speeches at various forums and think tanks , very few outside their countries understand their mindset and motivation , which by and large is driven by highly personalized and ulterior motives !

Keeping this premise in view it is important to understand the mindset and the personalities of the third world military juntas , most important in this case being the Pakistani military junta !The British Indian Army which gave birth to Pakistan and Indian armies in 1947 was essentially a colonial army designed for internal security and limited defence of India against external threats .

The British ensured that all Indians who came to this organization were from the politically most docile and loyal classes ! In order to keep the Indian officer corps slavish they kept a 50 % quota for Indian Army rankers in Indian Military Academy Dera Dun right from its foundation in 1930-32 .Layman readers may note that the " lower middle class" as well as the " middle class" by and large are the politically most conservative classes ! Social climbers by orientation , intensely careeristic in outlook and extremely conscious of personal benefits , having none or little of the pride or spirit de corps that made the Prussian junker officer defy Hitler !

In the Russian Civil War many major reactionary White Army leaders including Denikin,Kornilov etc were from humble background ! Similarly all of Pakistan's military rulers less Yahya Khan were from humble background and all brought with them the intense greed and ambitiousness of a man from humble origins with none of the ideological idealism that distinguishes a man of ideology from a social climber !

Now the mindset of the military junta :--
1- Personal motives having priority over all other motives :-- You would find no Manstein or Guderian in them but highly ambitious men who practiced sycophancy with their seniors , hole punchers in US terms , yes men ,masters of personal manouvre in order to get the right report from the right boss at the right time ! They pleased their seniors and they know how to handle balls of any benefactor may it be Bush or Reagan where aid is concerned ! They have no ideology less personal interest !

2- View Wars and International Geopolitics as a means of personal benefit:-- The Soviet invasion of Afghanistan was a divine and phenomenal lottery for Pakistan's military rulers ! Zia the son of a humble tailor , and many of his generals Akhtar etc siphoned millions of US dollars in private accounts , from the US aid meant for Afghanistan. Knowing the Americans well , they must have also earmarked good retainers for Zia and his ISI chief in any case.
Serious observers like Selig Harrison and Cordovez have concluded that the Pakistani military junta never wanted that the Soviets should withdraw from Afghanistan since that would have meant stoppage of US aid. Similarly, 9/11 is a heaven sent opportunity for General Musharraf since it enabled him to get US aid and the much needed US boost to stay in power !

3- Can be coerced and bought if the Bigger players know how to drive them:--
These leaders have price tags and can be manipulated to a significant extent without risking wars like the Iraq war. This is so because their vision is personal , has none of Khomeini or Osama's ideological agenda. Thus if the USA sensibly deals with them with carrot and stick they can be made to conform to US policies.

4- Ulterior motives in prolonging conflicts to get aid :-- These leaders have an ulterior motive that their benefactor super power, i.e, USA is kept occupied in its war against terror , not because they have any love for Islam , but simply because this would bring them more aid , an important part of which is siphoned into private fortunes. Thus, at a certain covert level these leaders are interested in the terrorist's cause also. Thus, the third world intelligence agencies have many irons in the fire whether it is initiating a terrorist outrage or encouraging one.

5- Increasing reliance on coercive power of state :-- Since these leaders have little or no contact with national aspirations of their masses , they increasingly rely on the coercive power of the state which leads either to a Shah of Iran like situation or strengthening of a Saddam like totalitarian regime. In both cases it was the fault and mishandling of US policy makers !

6- Role of the Intelligence agencies :--
To buy judges , to blackmail politicians , to start wars of low intensity to get aid , to manipulate low intensity war players for specific ends to please or disturb their super power benefactors.

Conclusion
We are dealing with sharp social climber third world leaders who know how to please and how to practice sophisticated ball lifting. These men have no ideology and can withstand a tremendous amount of kicking as they did while pleasing seniors in their military careers. It is simpler to deal with these tinpot dictators than Osama or Mullah Omar. If policy makers in the USA understand this fact their task would be simpler.

Criminal case against the President

A copy of an application filed at the Police Station, Secretariat, Islamabad for registration of a criminal case against Gen (R) Pervaiz Musharraf and others for various charges, including illegal detention of the Chief Justice, other judges and their families, intimidation and trespass.

March 3, 2008
The SHO,
Police Station,
Secretariat,
Islamabad.
REGISTRATION OF CRIMINAL CASE AGAINST GEN ® PERVAIZ MUSHARRAF, MINISTER OF INTERIOR, SECRETARY INTERIOR, CHIEF COMMISSIONER ISLAMABAD, IGP ISLAMABAD, SSP ISLAMABAD, DC ISLAMABAD AND OTHERS FOR KEEPING THE CHIEF JUSTICE OF PAKISTAN JUSTICE IFTIKHAR MOHAMMAD CHAUDHRY, OTHER HON’BLE JUDGES AND THIER FAMILIES UNDER/IN WRONGFUL RESTRAINT, WRONGFUL CONIFINEMENT, COMMITTING CRIMINAL TRESSPASS, CRIMINAL INTIMIDATION, ETC PUNISHABLE UNDER THE PAKISTAN PENAL CODE 1860 READ WITH OTHER ENABLING PROVISIONS.

We have been authorized and instructed by the respective Presidents of the High Court Bar Association, Rawalpindi Bar Association and Islamabad Bar Association to submit this application for registration of a criminal case under the relevant provisions of the Pakistan Penal Code and other enabling provisions. It is, therefore, stated as follows;
That on March 9, 2007 the then Chief of Army Staff, General Pervaiz Musharraf attacked the independence of the judiciary by illegally using the State machinery to criminally intimidate, coerce, threaten and assault the Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry so as to illegally force him to resign from his office.
That on refusal to succumb to the illegal pressure and subjugate the independence of the judiciary, the Chief Justice of Pakistan was taken into custody and kept in illegal confinement and house arrest with the other members of the family for more than two weeks. The officials of the intelligence agencies and the administration at the behest and on orders of General ® Pervaiz Musharraf trespassed the official residence of the Chief Justice and kept him and the members of his family confined to two rooms within the residence.
That General ® Pervaiz Musharraf publicly confessed and regretted the illegal and wrongful restraint and confinement.
That on July 20, 2007 a thirteen member bench of the Supreme Court honourably restored Justice Iftikhar Mohammad Chaudhry as the Chief Justice of Pakistan and held that the allegations in the Reference were malafide, illegal and unconstitutional. It is important to note that the evidence relating to the purported allegations in the reference had been withdrawn and the lawyers representing General ® Pervaiz Musharraf and the Federation tendered apologies before the Supreme Court and the Bench of the Supreme Court imposed a fine of Rs. 100,000/- against the Federal Government.
That in a shameless act of revenge solely for his personal ego, General ® Pervaiz Musharraf committed high treason on November 3, 2007 when taking advantage of his position as the Chief of Army Staff, he issued an illegal and unconstitutional Proclamation of Emergency and a Provisional Constitutional Order. He, thereby not only committed high treason under Article 6 of the Constitution but also conspired to bring the Pakistan Army into disrepute merely for his personal gain and ego. He attacked the independence of judiciary yet again and the integrity and sovereignty of Pakistan as well.
That on November 3, 2007 a seven member bench of the Supreme Court headed by the Chief Justice of Pakistan suspended the Proclamation and the PCO. The authorities were restrained not to act in pursuance of the Proclamation or the PCO and held any act performed thereunder as illegal and unconstitutional.
That General ® Pervaiz Musharraf taking advantage of being the Chief of Army Staff and in flagrant violation of his oath as a member of the armed forces criminally abused his authority by taking control of the Supreme Court in the evening of November 3, 2007 through the law enforcement agencies. The Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry and other Hon’ble Judges, except five who agreed to collaborate in this heinous crime, were taken into custody. The acts and omissions are also contempt of the Supreme Court. This also is contempt of the Supreme Courts order dated November 3, 2007.
That the officials of law enforcement agencies and the administration of Islamabad Federal Capital Territory at the behest of and on instructions from General ® Pervaiz Musharraf criminally trespassed the official residence of the Chief Justice of Pakistan and other Hon’ble Judges of the Supreme Court. The Chief Justice and the judges, along with their families, were wrongfully confined and restricted in their respective official residences so much so that the outer doors were padlocked and chained. Barbed wires were put all around the residences and the roads leading to the judicial colony were also barricaded and barbed wires were placed.
That the eighteen year old daughter of the Chief Justice of Pakistan i.e Ifra Iftikhar was not allowed to leave the residence for taking his “A” Level examinations.
That eight year old physically challenged son of the CJP, Ballaj Iftikhar, who has been termed as the ‘Youngest Political Prisoner” by local as well as international media has not even been allowed to come out to the garden of the residence let alone allowing him to attend the school.
That sixteen year old Palwasha Iftikhar a student of ‘A’ Level has also not been allowed to leave the residence and attend her school.
That Justice Sardar Raza Khan, Justice Shakirullah Jan and Justice Nasir-ul-Mulk also remain under wrongful restraint and confinement.
That General ® Pervaiz Musharraf and on his instructions and his behest the Minster of Interior, Secretary of Interior, Chief Commissioner Islamabad, IGP Islamabad, SSP Islamabad, DC Islamabad and other collaborators have committed offences, inter alia, punishable under the Pakistan Penal Code.
You are, therefore, advised to forthwith register a FIR against the above named offenders under sections 338, 334, 341, 344, 441, 442, 503, 506, 107, 102-A and other enabling provisions failing which further legal proceedings shall be initiated.

For the applicants
President High Court Bar, Rawalpindi.
President District Bar, Islamabad.
President District Bar, Rawalpindi.
Through

(ATHAR MINALLAH)
# 24, 1st Floor, Beverly Centre,
Blue Area,
Islamabad

Police Tear Gas at Pakistani Lawyers

ISLAMABAD, Pakistan (AP) — Police fired tear gas Monday to disperse scores of attorneys demanding that President Pervez Musharraf reinstate the chief justice, who has been under house arrest since a sweeping crackdown last year.
The chairman of the U.S. Joint Chiefs of Staff, meanwhile, arrived in Islamabad for talks with Musharraf and the military leadership. It was the second visit in a month by Adm. Mike Mullen, reflecting U.S. concerns over a growing insurgency by al-Qaida and Taliban militants in the tribal region near Pakistan's border with Afghanistan.
The police fired several tear gas canisters at about 200 lawyers and other demonstrators, who were shouting slogans outside the residence of ousted Chief Justice Iftikhar Mohammed Chaudhry.
The police crackdown was filmed by television news cameras and broadcast live across the country. Many lawyers were seen coughing and bending over after being hit by clouds of the acrid smoke. Some picked up the canisters and threw them back at the policemen, who retreated before regrouping.
Chaudhry has been under house arrest along with his family since Musharraf declared a state of emergency on Nov. 3.
The lawyers had gathered outside his house after hearing unconfirmed television reports that the government had lifted the house-arrest restrictions on his wife and three children. The lawyers became agitated when it became apparent that the reports were apparently incorrect.
"Free the children, Go Musharraf Go!" shouted the lawyers, who also demanded that police allow them to go inside the house, which is surrounded by barbed wire.
Chaudhry and dozens of other senior judges were fired just before the Supreme Court was to rule on the legitimacy of Musharraf's re-election in October by a parliament dominated by his supporters.
"There is no example in history where 60 judges have arrested and detained with their families and eight of them continue to remain in detention to this day," said Aitzaz Ahsan, the president of the Supreme Court Bar Association.
Ahsan, who also had been under house arrest until his release Sunday, said the lawyers would stage a week of protests starting March 9.
The attorneys' movement will add further pressure on Musharraf, who has become increasingly isolated politically after his party was trounced in the Feb. 18 elections.
The Pakistan People's Party of slain opposition leader Benazir Bhutto came in first, and former Prime Minister Nawaz Sharif's Pakistan Muslim League-N party was second.
The dismissal of judges drew some of the strongest criticism that Musharraf has faced since seizing power in a bloodless coup in 1999 when he was the army chief. Musharraf retired from the army in November and allowed the Feb. 18 parliamentary elections.
He is now expected to face a hostile Parliament after opposition groups that won the elections pledged to cooperate with each other against his rule.
Asif Zardari, Bhutto's widower an co-chairman of the PPP, said the party had not decided whether it would try to unseat Musharraf before the new government is sworn in.
"We understand how sensitive the situation is so we will handle the situation with care and will not disappoint the masses," Zardari told a news conference.
Musharraf also has struggled to assert control of areas in northwestern Pakistan, where three suicide bombings killed more than 80 people in the past few days.
On Monday, armed supporters of a radical Islamic cleric exchanged gunfire with villagers resisting the demolition of a shrine in northwestern Pakistan, leaving seven people dead, said police officer Zardad Khan.
The clash was unrelated to the pro-Taliban Islamic insurgency gripping the region, but it demonstrated the lawlessness in the area.
Last month, Mullen said the threat of Islamic extremism was growing in Pakistan and that the country's leadership was aware of the challenge facing the nation.
He arrived in Islamabad following a stop in Iraq over the weekend, said Elizabeth Colton, the spokeswoman for the U.S. Embassy in Islamabad.
Mullen was likely to discuss plans calling for 22 U.S. personnel to train elements of the Pakistani military in counter-insurgency and intelligence gathering techniques later this year.
Associated Press Writer Zarar Khan contributed to this report.

AJI Hunger Strike in Islamabad: Account

The hunger strike by two leaders of Awami Jamhoori Ittehad in Islamabad has now entered the third day. Iqbal Bali and Jahangir Akhter have been on hunger strike to protest the illegal incarceration of the children of Chief Justice Iftikhar. They are sitting in a camp in front of the Marriott Hotel, Islamabad, near the Judges colony, and have vowed to end their strike only at the hands of Justice Iftikhar's youngest son, Balach.

Today, they marched with other protesters to the police barrier at the entrance to the judges colony, and unsuccessfully tried to cut the heavy roll of barbed wires. Even a jeep could not pull the wires away. The protestes remained at the barrier for over an hour, raising slogans.

Yesterday, Justice retired Tariq Mahmood visited the camp, stayed with the protesters for quite some time, and addressed the gathering.

Both the hunger strikers are old in age. Iqbal Bali is sevety six, and Jahangir Akhter 65. Jahangir suffers from sugar and kidney problems, while Iqbal is a heart patient. But both of them are determined to continue with the strike, although the strike has started to have a visible toll on their health.

Others will join them in the strike, some for a symbollic 24 hour hunger strike, others for a 48 hour strike, while these two have vowed to continue until death or release of Iftikhar Choudhry's children, whichever comes sooner.

Protesters in other cities might like to consider also sitting on symbollic hunger strike for 24 or 48 or longer durations to express solidarity with Jahangir and Iqbal.


A. H. Nayyar

Senior Research Fellow, Sustainable Development Policy Institute

#3, UN Boulevard, Diplomatic Enclave, Islamabad

Monday, March 3, 2008

PPP's Candidate from Karachi: On Fighting Rigging

I came across this column by Mirza Ikhtiar Baig in today's Daily Jang. Mirza Ikhtiar Baig contested the elections against an MQM candidate in Defence and Clifton area, Karachi.
Just as in other parts of Karachi, massive rigging was reported from his constituency. He reports here that the now-very-famous rigging video, available on youtube and aired by Geo TV, records the rigging that he suffered. His is putting up a fight against it on every available forum. Other parts of the column provide us with a glimpse into the life of a politician, and the workings of a political party. Couldn't upload the original urdu because I dont know how to.

http://www.jang.com.pk/jang/mar2008-daily/03-03-2008/col1.htm

Saturday, March 1, 2008

President consults legal advisors on judges' issue

(Courtesy The Daily Times)

ISLAMABAD: Legal expert Sharifuddin Pirzada, met President Musharraf on Friday and discussed with him issues pertaining to judges. Sources told Online that Pirzada gave the president a detailed briefing on the various options that were available to him. They said Musharraf said that the transfer of power would be completed by mid-March. Former law minister SM Zafar, Wasim Sajjad and Attorney General of Pakistan Malik Qayyum were also present.

‘No judge will be restored’

(Courtesy The Daily Times)
LAHORE: Presidential spokesman Rashid Qureshi on Friday denied reports that the president had offered a conditional restoration of judges sacked on November 3 to Pakistan People’s Party Co-chairman Asif Zardari, according to Geo News. No sacked judges would be restored, he told Geo News, and the procedure for the reinstatement of judges was laid down in the Constitution. Qureshi told PTV that President Pervez Musharraf had been elected for five years and was ready to work with the new government. He said the president had no plans to resign. He said rumours of the president’s plan to resign were part of a “planned campaign” in the Pakistani media and were “totally baseless and unfounded”. Only Nawaz Sharif and “the so-called civil society consisting of 100 or 200 people” wanted the president to resign. “In fact, the whole world is praising the president for holding free, fair transparent and peaceful elections in Pakistan,” the spokesman said.

Eroding Military Influence in Brazil: Politicians against Soldiers.(Review)

(Ed: An interesting academic review of a paper on the systematic erosion of Military influence on the political landscape in Brazil. Provides an interesting historical parallel for our nation to learn from.)

Written by: Wendy Hunter
Reviewed by: Hendrik Kraay

Not very many years ago, military regimes were firmly established throughout much of Latin America; men in uniform appeared to have taken out permanent leases on presidential palaces. Volumes analyzing "bureaucratic authoritarianism" or the "new authoritarianism" (as distinct from caudillismo) piled up, often introduced with assurances that, "[f]or the forseeable future at least," such regimes would remain prominent features of the political landscape." [1]
Then the generals resolved, perhaps reluctantly, to turn over the reins of power to civilians, but many expected that such governments would be short-lived or subject to long-term tutelage by officers. Early on in Brazil's redemocratization, it seemed perfectly reasonable to conclude that "the Armed Forces ... seem likely to continue their prominent role in governing Brazil."[2] Now, a decade after the generals gave up power, military influence on Brazilian politics has ebbed to lows unimaginable but a few years ago. Wendy Hunter undertakes the task of explaining why in Eroding Military Influence in Brazil.
Her answer is engagingly simple: democratic electoral politics unleashes a competitive dynamic in which politicians find it necessary to cater to interests other than the military who, after all, field few votes. As a result, even right-wing politicians pay more attention to workers than to soldiers; military budgets shrink as spending on social programs or patronage grows; environmentalists and Indian-rights activists stymie elaborate plans for border fortifications in the Amazon, leaving officers to fulminate against internationalist conspiracies.
Hunter develops her argument in six chapters and then, in a long conclusion, applies her model to Argentina, Chile, and Peru. Her focus is on the presidencies of Jos� � Sarney, Fernando Collor de Mello, and Itamar Franco (1985-94). Her sources include the principal Brazilian newspapers and newsmagazines and interviews with participants (but there is no indication of how many interviews she was able to conduct).
The extensive prerogatives that the military maintained during the transition to civilian rule constitute the baseline against which Hunter measures subsequent change. In 1985, the military enjoyed six cabinet posts (the three service ministries of army, navy, air force; head of the president's military household; chief of the armed forces general staff; and the head of the intelligence service), control over the pol�cia militar, a 1979 amnesty for officers involved in torture, and a series of informal understandings with civilian politicians to ensure the upholding of the amnesty and the maintenance of a military role in internal security, among other things.
The following chapter analyzes the military's failure to protect many of these prerogatives, while subsequent chapters examine the limited ability of officers to use those that remained to impose their policy preferences in three important areas: labor rights, budget allocations, and Amazonian development. Although no civilian ministry of defense was created, the military lost direct control over intelligence and the militarized police; the remaining military ministers became increasingly marginal figures in the cabinet. During the writing of the 1988 constitution, the military failed to win the continuation of extensive restrictions to the right to strike established under the dictatorship. Military budgets have declined steadily since 1985 (although off-budget allocations make precise calculations difficult). Finally, the military's elaborate Calha Norte program of fortifying and developing Brazil's Amazonian border fell to a combination of greater concern for both the environment and indigenous rights, particularly those of the Yanomami, as well as the continued military budget crisis.
What explains these outcomes? Why did institutional guarantees and prerogatives fail to ensure the military's continuing influence in these fundamental areas? Using a rational choice framework, Hunter argues that institutions were subject to considerable and continual change in the post-1985 environment of competitive electoral politics. The military could not institutionalize or "freeze" their power at its 1985 level. Rational politicians who sought to enhance their individual well-being contested the military and worked to reduce its spheres of influence. They were compelled to make populist appeals to garner votes from the enormous lower-class electorate; needing resources for patronage, they found it necessary to reduce military spending; desiring to implement broad popularity-enhancing programs, they sought to expand their political autonomy. In short, a sort of invisible hand guides competitive electoral politics to produce a desirable outcome of reduced military influence.
In her conclusion, Hunter sounds a note of caution. The fuller institutionalization of civilian control over the military--the establishment of a civilian ministry of defense or effective legislative oversight of defense policy, for instance--poses a "collective action" dilemma for Brazilian politicians. While all civilian politicians might benefit from such policies, the weaknesses of Brazil's political parties and the fractious nature of congress militate against such an outcome. Revisions of electoral rules to strengthen political parties and the establishment of a parliamentary system of government (rejected in the 1993 plebiscite) would, according to Hunter, improve the prospect of long-term stable civilian control over Brazil's military (pp. 141-46).
Finally, Hunter applies her model to Chile, Argentina, and Peru, finding in each case that competitive electoral politics led to a reduction of military influence on politics. In Chile, a more solidly institutionalized military regime faced a stronger political party system in which the center-left engaged in a coordinated strategy of reducing military influence without overly antagonizing the armed forces. The Argentine generals relinquished power from a position of abject weakness, facilitating Ra�l Alfons�n's policy of reducing defense expenditure, prosecuting officers for human rights abuses, and curtailing the military's political prerogatives, all highly popular measures.
In Peru, a dramatic decline in military influence took place under the populist government of Alan Garc�a, with assumption of civilian control over several formerly military-dominated areas of policy-making, the creation of a Ministry of Defense, punishment for human rights violations in the counter-insurgency campaign, and reductions in military spending. During the profound and protracted crisis that prompted President Alberto Fujimori to stage his own coup against constitutional democracy, however, the military regained much previously lost influence but, as Hunter stresses, this came at the behest of a civilian president (p. 167).
One of this book's strengths is its subtle and nuanced understanding of military influence in politics. Hunter examines the complex dynamics of policy formation in several key areas, identifies military policy preferences, and assesses the extent to which civilian politicians acceeded to officers' desires. She has been careful to avoid the tautology of defining democracy as the complete absence of interference by non-elected groups such as military officers (p. 6); rather, her goal is to document the changing level of military influence. For heuristic and comparative purposes, she even reduces all of her evidence for Brazil, Chile, Argentina, and Peru to a line graph (p. 170)!
Hunter's book provides a useful account of Brazilian civil-military relations after 1985; her portrayal of Fernando Collor de Mello is a striking reminder of the hope that Brazilians had invested in the first directly-elected president since 1960 and his early progressive measures: demarcating the Yanomami reservation and evicting gold prospectors from it, starving the Calha Norte program, curtailing the nuclear weapons program by opening the country's facilities to international inspection, and cutting weapons development programs. Collor's electoral mandate and his determination to enact neo-liberal reforms led him to challenge entrenched power groups, including the military as he sought the autonomy necessary to implement his program (p. 128).
That the armed forces stood aside during Collor's impeachment, letting both popular demonstrations and congressional investigations into the massive corruption scandal run their course, marked a significant shift, given officers' predilections for intervening in crises during the 1945-64 period (p. 23). Why this should have been so is unclear. Hunter notes that, in mid-1982, the embattled administration released previously-cut funds to the armed forces (p. 112) but unfortunately does not pursue this historical comparison further.
Where Hunter does look backward, she draws out intriguing precedents to the 1985-94 period, particularly the declining military budget share during 1945-64, which she attributes to the imperatives of electoral politics (pp. 100-102). A more systematic analysis of past crises and tendencies might have resulted in a more durable book. Hunter has ably identified a trend that few foresaw a decade ago, but, as she demonstrates with her Peruvian comparison, such trends can be abruptly reversed. Indeed, short-term perspectives have led to more than a few predictions about militaries in politics suddenly proven wrong, as Alain Rouqui�, one of the most thoughtful scholars of Latin American militaries, pointed out long ago.[3]
More important, Hunter's dynamic can only take place in a favorable larger environment. While she certainly acknowledges the importance of the end of the Cold War, the collapse of the radical Left, and the manifest failure of the military's economic project in reshaping the Brazilian political terrain, these may have been necessary prerequisites for the dynamic of electoral politics to reduce military influence.
At the risk of sounding like the obtuse reviewers who take hapless authors to task for not writing a different book, it is nevertheless worth reflecting on some evidence buried in a footnote (p. 179, n. 49). According to a survey conducted in late 1993 and early 1994, not one of 320 members of elite sectors (government, business, union, and political leaders) selected "the threat of military intervention" as an obstacle to democracy; the most common choices were "low educational level of the population" and "high levels of poverty and social inequality." The former and especially the latter existed in Brazil well before the ancesters of some of those elites called a recognizable military into being to defend their interests. Military participation in politics may well have more to do with class structure and dominant groups' calculations about how best to maintain their position than a dynamic of electoral politics abstracted from the larger social structure. After all, had Lula defeated Collor in the 1989 runoff (a distinct possiblity until close to the end of the campaign), could this book even have been written?
Two historical errors should be set straight (p. 32): Both the war (army) minister and the navy minister sat in Brazilian cabinets from the 1820s, not the 1920s. The air force, however, was not separated from the army until 1941, when its first minister (incidentally, a civilian) joined the cabinet.
This book is written in clear, jargon-free prose with convenient chapter summaries. Those considering it for classroom use should, however, be warned of the seventy-seven acronyms that garnish its pages, a serving of alphabet soup to which undergraduates will certainly turn up their noses, as well as the small number of Portuguese words used in the text for which a glossary is not supplied.
Notes:
[1]. James M. Malloy, "Authoritarianism and Corporatism in Latin America: The Modal Pattern," in Authoritarianism and Corporatism in Latin America (Pittsburgh: University of Pittsburgh Press, 1977), p. 3.
[2]. Thomas G. Sanders, "Brazil in 1980: The Emerging Political Model," in Authoritarian Capitalism: Brazil's Contemporary Economic and Political Development, ed. Thomas C. Bruneau and Philippe Faucher (Boulder: Westview, 1981), p. 217.
[3]. Alain Rouqui�, The Military and the State in Latin America, trans. Paul E. Sigmund (Berkeley: University of California Press, 1987 [1982]), p. 3.

Pakistan court acquits Shahbaz Sharif in murder case

LAHORE, Pakistan, March 1 (AFP) - A Pakistani anti-terrorism court Saturday acquitted former prime minister Nawaz Sharif's brother of murder, clearing the way for him to contest a by-election, court officials said. The murder charges were brought against Shahbaz Sharif, a former chief minister of Punjab province, after the military toppled the government of Nawaz Sharif in a military coup in October 1999.

“The court ordered the acquittal after petitioners told the judge that they had found that Shahbaz was not behind the murders,” defence lawyer Khawaja Mohammed Haris told AFP. Shahbaz was barred by election authorities from standing in the February 18 election because he was facing the murder charges. His party, the Pakistan Muslim League-Nawaz (PML-N), has already said he will contest a by-election due to be held in the next few months. Shahbaz Sharif, who is PML-N president, returned to Pakistan with his brother after seven years in exile. (Posted @ 11:15 PST)

Aitzaz Gives Call for LAWYERS' Black Flag Week

Press Release
Lahore:

In a statement issued here from his residence, where he is detained, Barrister Aitzaz Ahsan, President Supreme Court Bar Association, said that a Long March scheduled for March 09 has been postponed to give Parliament time to restore the deposed judges. It has not been cancelle. The lawyers, he said, appreciated the concern of the Parliamentarians and the leadership of the political parties to permit Parliament to meet and take steps for the restoration of the judges in the first instance.

Aitzaz, however, said that two of the most unfortunate days in our history fell in the year 2007. On March 9, none other than the Chief Justice of Pakistan was arrested. On December 27 a much greater and far more enormous tragedy struck. The most important leader of the country Mohtarma Benazir Bhutto was martyred. The nation continues to mourn her. Lawyers have decided to commemorate both days with sorrow.

Aitzaz said that presently March 9th to 16th would be commemorated as the BLACK FLAG WEEK in and outside Pakistan . Those opposing Musharraf and seeking the restoration of the deposed judges will fly "Black Flags" through out the week as per the following recommended programme:·

On Sunday 9th March Provincial Bar Councils to hold conventions of Representative Lawyers presided over by a deposed judge at the Provincial Headquarters and hoist black flags.
· On the Monday 10th and Thursday 13th all Bar Associations will hoist Black Flags at 10.00 a.m. and after speeches by the President and other members will take out rallies. There will also be a Complete Strike on these two days. Arrangements are being made to relay the address of the SCBA President and the CJP on these two days at one and the same time to all the Bar Associations of Pakistan.
· Rallying lawyers will only carry black flags and black banners. Photographs of the CJP, CJs of Sindh and NWFP and lawyers who were detained may also be carried.
· On other days of the week, the flag hoisting ceremony will take place every day and the General Body will meet. Speakers will address the House.
· Special resolutions will be passed, every day, to appreciate the courage of the three school-going children of the Chief Justice of Pakistan who have been in complete detention since November 3 and have not complained.
· Lawyers will distribute black flags, arm bands, and head bands during the rallies and at other times among the public. Although it will remain a lawyers' protest, students, civil society and party cadres may join with party as well as black flags.
· All students, particularly of law, may volunteer to help the Bar Associations.
· From March 3 onwards, Press briefings will be given daily by all office bearers of all Bar Associations stating the progress of the preparations for the lawyers' BLACK FLAG WEEK in their district and area.
· In this regard Bar Office-bearers will contact students, businessmen, traders, professional and women organizations, chambers, trade unions for logistical assistance and support.

Aitzaz said that the Lawyers' Long March has been postponed but not cancelled. A date for it would be announced, if necessary, after the Parliament has convened. The Black Flag Week will be a soft preparatory step to the Long March and will re-energize lawyers and the Lawyers' Movement.

Aitzaz Ahsan
President,
Supreme Court Bar Association.

The Failure in the War on Terror

Published On Monday, February 25, 2008 10:44 PM (Harvard Crimson)
By SAMAD KHURRAM

It's not Osama, but Musharraf

The former head of the Pakistani Inter-Service Intelligence's (ISI) political cell recently confessed that he was responsible for political manipulation in Pakistan's 2002 elections that led to Islamists coming to power in two provinces and gaining 59 seats in the National Assembly.

This fraud was the work of the America's supposedly unfaltering ally in the War on Terror, General (ret.) Pervez Musharraf and his desire to paint an image of Pakistan as an extremely dangerous, unstable country ready to fall into the hands of extremists the moment he leaves.
Musharraf pretends that he is the only hope for the US in Pakistan. Closer analysis, however, suggests that his claims are far from true. In the 2008 elections—which were much freer and fairer than those of 2002—only 6 seats went to the Islamists. In addition, a secular party won the majority of seats from the North-West Frontier Province where the War on Terror is actually taking place.

These results prove that the people of Pakistan are against religious fundamentalism, something the US has largely ignored. In 1999, Pakistan was a stable country with a moderate political party in power. There were no suicide bombings, no abductions by extremists, and people were free to move about without security personnel. By 2007, Pakistan was among the world's most dangerous places. This transformation is the result of Musharraf's long, incompetent rule.

There are many other pieces of evidence to support that Musharraf is not committed to fighting terrorism now, or if he ever was. Musharraf's own speeches and words, such as, "[I am] not going around trying to locate Osama bin Laden and Zawahri, frankly" are the biggest confirmation of his indifference. In addition, Washington has been shocked by news reports that the majority of the funds given to Pakistan are not used for the War on Terror. This news is corroborated by widely available pictures of troops in the Federally Administered Tribal Areas moving around in traditional 'chappals' (open foot shoes) and poor equipment. If even a small portion of the U.S. aid were spent on weapons upgrades, bullet proof jackets, reconnaissance devices and training, the results would have been much better. The Pakistan Army would have performed better: more terrorists caught, fewer casualties and more leads to Osama bin Laden.

Over the past eight years, Pakistan has received $11 billion from the U.S. in direct aid for fighting terrorism, billions from other countries for curbing extremism and development projects, and access to secret intelligence. In response to this, Musharraf has been repeatedly diverting funds in efforts to retain his support within the army, upgrade weapons to be used against India, or pay his supporters and crackdown on political opponents. His long, highly extravagant foreign tours to publicize his book or beg for more aid are hardly helpful in fighting terrorism.

Musharraf's political ambitions have led to many serious lapses and failures in the War on Terror: Rashid Rauf, a high profile terrorist involved in a failed attempt to blow up transatlantic planes, escaped from Pakistani police custody. Militants have been capturing forts and have intercepted NATO's supplies. A radical mosque built up a brigade of terrorists adjacent to the Pakistan Intelligence's building in Islamabad, the capital. The intelligence agencies are not to be blamed; they have more important tasks to do—update files on and blackmail political opponents of Musharraf.

Last November, on the pretext of fighting terrorism a "state of emergency" was declared in Pakistan, and resulted in a country-wide crackdown on the judiciary, media, human rights activists, and anyone who could possibly oppose Musharraf. This was followed by the release of 25 high profile terrorists including former Taliban Defence Minister Mullah Obaidullah, who has close ties to Osama bin Laden and is the highest-ranking Taliban official ever captured. With Musharraf releasing arrested Taliban figures, U.S. taxpayers can be assured the $11 billion pumped into Musharraf's regime has gone to waste.

Musharraf is a major liability in the War on Terror, yet the Bush Administration fails to see this and continues to provide him unfaltering support. However, Musharraf does not have any support in Pakistan, as evidenced by the strong anti-Musharraf vote in the Feb. 18 elections. If the U.S. continues to support Musharraf it will further alienate the people of Pakistan from the War on Terror and augment anti-U.S. sentiments.

When the U.S, backed a highly unpopular dictator in Iran, it back-fired resulting in an extremist Islamic revolution. The world cannot afford a nuclear power like Pakistan to turn into another Iran. The U.S. must use all its capabilities to return Pakistan to the rule of law and to have the Supreme Court judges deposed by Musharraf restored. Musharraf must be tried for his crimes in the War on Terror as well as his crimes against the people of Pakistan by the real Supreme Court of Pakistan. This will send a clear message to the next government that it cannot take the war on terror lightly and that the U.S. will not allow itself to be manipulated by Pakistani leaders.

Balochistan's Prisoner of Conscience

Sanaullah Baloch

NELSON Mandela who was arrested in 1964 was convicted of sabotage and treason and sentenced to life imprisonment by the Apartheid regime of South Africa. But the world's most respected and admired statesman, who later won the Nobel Peace Prize. was fortunate that his trial was not held inside the prison. No anti-terrorism court tried him nor was he thrown into an iron cage.
Mandela and his companions were tried in a proper court room. His wife, mother, friends, journalists and supporters were allowed to witness the court proceedings.
Though the Apartheid regime employed the worst form of racial discrimination against native South Africans, no political activist of the ANC went missing or 'disappeared' during the struggle against the racist regime. But Akhtar Mengal, a well-known and respected Baloch nationalist, has not been so lucky. For some people in Balochistan he has the status that Mandela had in South Africa.
He has been kept in solitary confinement in Karachi since December 2006. Akhtar Mengal has not been tried in an open court. His trial is conducted inside the prison. No one except one person from his family is allowed to witness the court proceedings. Mr Iqbal Haider, secretary-general of the Human Rights Commission of Pakistan, witnessed the first hearing of his trial in Karachi prison on special request, and this is what he saw: 'Mr Mengal was brought into the courtroom and shoved into an iron cage with bars all around that stood in a corner away from his counsel.'
Akhtar Mengal is not the only political prisoner from a smaller province who has been humiliated or treated as a second class citizen. A number of Baloch, Sindhi and Pashtun leaders have been detained and humiliated repeatedly in the last 60 years.
Veteran Baloch nationalist Sardar Attaullah Mengal, Nawab Khair Bux Khan Marri, Khan Abdul Wali Khan, Mir Ghous Bux Bizenjo, Sher Mohammed Marri and Mir Gul Khan Naseer have spent years in prison for being insubordinate to the establishment.
Akhtar Mengal, president of the Balochistan National Party (BNP) and former chief minister of Balochistan, has been under detention since Nov 2006, and has been denied justice through delaying tactics. Mengal has not been arrested under corruption charges nor has he been charged with misuse of power. He is not an industrialist who is a bank defaulter. Neither has he been involved in any land scam like many other pro-establishment politicians of the country. He is facing trial for the brief 'abduction' of two undercover agents of security agencies.
Mengal's prolonged detention, mortification and the delay in the dispensation of justice has exposed the inequality that characterises our system. They also point to the inability of our courts to act independently without being influenced by the powers that be.
The Constitution guarantees that 'All citizens are equal before law and are entitled to equal protection of law.' The International Convention on the Elimination of All Forms of Racial Discrimination also emphasises 'the right to equal treatment before the tribunals and all other organs administering justice'. However, the Baloch have not been treated according to national and international laws. Constitutional guarantees and the courts have failed to protect their fundamental rights.
Akhtar Mengal along with 500 BNP activists was arrested in Nov 2006, a day before President Musharraf''s visit to Balochistan. The mass arrests were aimed at stopping the BNP from protesting peacefully against the military operation, widespread arrests of activists and their enforced 'disappearance'.
According to Mr Mengal, his family had been receiving threatening phone calls since the beginning of the military operation in the province. Due to the gravity of the threats he would personally drop his children to school. On April 5, 2006, some unknown persons followed his car presumably to kidnap his school-going children. He stopped his car and asked them who they were. They refused to give any satisfactory answer. Considering this a security issue, Akhtar Mengal's security guards picked up the two riders of the motorcycle and took them back to the Mengal residence intending to hand them over to the police. At this stage, the two admitted to being army personnel.
Almost immediately, a large party of law-enforcement agency men arrived on the spot and took away their two colleagues who had been picked up, and laid siege to the house and its occupants.
On the intervention of the Sindh chief minister, it was agreed that no case would be filed if Mr Mengal's guards who were involved in the case were handed over to the police for questioning. At a later stage, it was discovered that a havaldar of the Pakistan army had filed an FIR against Akhtar Mengal and his four guards, who were voluntarily handed over to the police. Yet Akhtar Mengal remained free till Nov 28, 2006, when the Balochistan police arrested him, along with senior members of his party.
Since then, all proceedings are being conducted in camera. Repeated humiliation of the Baloch and their political representatives will intensify the animosity felt by the troubled Baloch population. The judiciary's tilted role and the unproductive hearings of the ATC have already shattered the credibility of the bench.
Akhtar Mengal, as a senior leader of a political party, is entitled to all basic rights and facilities. But he has been denied basic legal and human rights because of his political affiliations. The large number of political activists in Balochistan, who have been detained and denied legal and prison rights, are entitled to just treatment in accordance with UN conventions. The government of Pakistan must abide by the laws of the country and international law and respect the rights of the Baloch. There should be an end to the injustice, intimidation and harassment being meted out to them.
US civil rights leader Martin Luther King had stated in a letter from Birmingham jail to his friends, "Injustice anywhere is a threat to justice everywhere."

The writer is a member of the Senate.

Besieged Musharraf offers deal on judges

PAKISTAN President Pervez Musharraf has offered a deal to the winners of last week's elections - to reinstate the chief justice if moves to impeach him in the new parliament are abandoned.

In a sudden backflip, Mr Musharraf reportedly sent an urgent message to Asif Ali Zardari, leader of the Pakistan People's Party, offering to restore chief justice Iftikhar Chaudhry and more than 60 other judges to their posts.
In return, Mr Musharraf, his position increasingly isolated amid signs the US is backing away from his leadership, sought assurances that moves to impeach him would be quashed.
Chief justice Chaudhry has been held under house arrest since the then General Musharraf declared a state of emergency on November 3. His reinstatement, with that of other judges, is regarded as the key issue in Pakistan's political turmoil.
Last week, even after voters had spurned him and the party that supported him, Mr Musharraf boasted he could conceive of no circumstances in which chief justice Chaudhry could be restored to the Supreme Court.
But an official was quoted yesterday as saying that "the presidency is (now) ready to restore the judges provided they don't sit on benches hearing cases against the President".
The official indicated Mr Musharraf had caved in to other key demands from the victorious coalition, saying: "President Musharraf has also agreed to forgo powers of sacking parliament and appointing service chiefs." Sources close to Mr Zardari, widower of assassinated opposition leader Benazir Bhutto, said the PPP leader had promised to discuss the offer with the new Government.
It seems unlikely to prove acceptable to the new "grand coalition", which believes that Mr Musharraf has no choice but to accept "the mandate of the people" and quit office after the party aligned to him was beaten in last week's elections.
The offer is also unlikely to be acceptable to the powerful community of lawyers, which has led agitation against Mr Musharraf since he first attempted to sack chief justice Chaudhry on March 9 last year. Coalition leaders and lawyers are demanding the chief justice be restored to hear cases about Mr Musharraf's legitimacy.
Mr Musharraf affirmed yesterday that he had no intention of resigning, telling parliamentarians from his defeated Pakistan Muslim League (Qaid) party: "I am elected for five years and will continue to play my role. I will not resign."
Washington indicated a shift in its support for Mr Musharraf. US Deputy Secretary of State John Negroponte, regarded as the most determined exponent of the Bush administration's embrace of Mr Musharraf, spoke of Washington's support for Pakistan's people rather than the President.
In testimony before the US Senate's foreign relations committee, Mr Negroponte made scant reference to Mr Musharraf, emphasising that the US "looks forward to working with the new Pakistani leadership".
He told senators "Pakistan has been indispensable" in the fight against extremists and that the US "looks forward to working with the leaders who emerge".

Reinstatement of judges

Zardari convinced constitutional amendment not required: Munir
By Muhammad Ahmad Noorani

ISLAMABAD: PPP Co-chairman Asif Ali Zardari has assured the top leadership of the legal fraternity that he is fully committed to the cause of the restoration of the pre-Nov 3rd judiciary and acceded to latterís viewpoint that the attainment of this objective does not require any constitutional amendment, party sources and participants confirmed to The News. Top lawyers leaders including former president Supreme Court Bar Association (SCBA) Munir A Malik, Justice (retd) Tariq Mehmood and senior lawyer and chairperson Human Rights Commission of Pakistan Asma Jehangir met Zardari on Thursday in the Zardari House to discuss the possible modalities of restoration of judiciary. Zardari was accompanied by Sherry Rehman and Mian Raza Rabbani in the meeting. Munir A Malik told The News that the lawyers leaders told Zardari that they, the whole lawyers community and civil society want immediate reinstatement of all Supreme Court and High Courts judges sacked on November 3 with the illegitimate imposition of emergency and unconstitutional promulgation of Provisional Constitution Order (PCO), as an independent judiciary was impossible without restoration of these judges.

Asif Ali Zardari told the lawyers leaders that the PPP along with the coalition partners was preparing a constitutional package and all constitutional problems and issues would be solved with the passage of this package from parliament, Munir said.

Justice (retd) Tariq Mehmood told The News that all the three of us told Zardari that the coalition partners should go ahead with the constitutional package to undo all the unconstitutional steps taken by General (retd) Pervez Musharraf during the last eight years. “But, the issue of the restoration of judiciary should be kept aside from the said constitutional package and should be resolved without any amendment,” Tariq quoted the lawyers leaders in the meeting as telling Zardari.

According to Justice Tariq they argued to Zardari that if the issue of restoration of deposed judges sacked by an unconstitutional order is resolved through some constitutional amendment, it will become a precedent for any unconstitutional moves in future and that in future army chief would feel it easy to remove judges or eradicate and demolish other constitutional offices without any problem.

“We also argued to Zardari if the restoration issue is delayed it will create more and more problems as it needs immediate resolution,” Justice Tariq added. Both Justice Tariq and Munir A Malik confirmed to The News that on their suggestions, Asif Ali Zardari assured them that he and his party’s coalition will solve the issue of restoration as soon as possible as per their legal opinion without any constitutional amendment. We will not make any wrong move and will not set any precedents for future dictators, he said.

Senior PPP leader Mian Raza Rabbani, who was also part of the meeting when approached by The News said he couldn’t tell the details of the meeting. However, Rabbani said he can assure that PPP wants complete and immediate restoration of judiciary. He said he was making this statement on record and there was nothing off the record now. He further said his party wants a parliamentary committee comprising coalition partners to sort out modalities for immediate resolution of the most important national issue.

“I also want to assure you that constituting a committee never means that we want the issue to linger on, as we recognize the fact that as long as this issue will linger on, the situation will become from worse to worst.î After putting it before the parliamentary committee, we will follow the issue and make it possible to finalise the modalities, in consultation with lawyers leaders, as soon as possible and will immediately implement the decision of the committee,” Rabbani said.

Munir said he was very hopeful after the assurance of Asif Ali Zardari that he will act promptly to resolve the restoration of pre-November 3rd judiciary issue immediately without any constitutional amendment so as not to provide any precedent for future unconstitutional moves.

Pakistan lawyers urge new parliament to restore deposed judges

LAHORE, Pakistan, Feb 29 (APP): Members of the Lahore High Court Bar Association (LHCBA) and Lahore District Bar Association (LDBA) Friday staged a rally and sit-in protest against the dismissal of Superior Courts judges and urged the newly elected parliamentarians to restore the deposed judges as their first task. The rally was joined on the way by hundreds of workers of political parties including Jamat-i-Islami,Tehrik-i-Insaf and Khaksar Tehrik. They marched to Faisal chowk, in front of Punjab Assembly building, where they chanted slogans and staged a sit-in protest. Imran Khan, Chairman, Pakistan Tehrik-i-Insaf, addressing the protesters said the first task of elected political parties should be to restore the Constitution of 1973 and the reinstatement of the deposed judges. Earlier, the meetings of general bodies of both LHCBA and LDBA were held at which the lawyers vowed to continue their struggle (Posted @ 17:25 PST)

Crisis if establishment did not accept Feb.18 mandate: Hashmi

MULTAN, Pakistan, Feb 29 (PPI): Pakistan Muslim League (N) chairman Makhdoom Javed Hashmi Friday warned that crisis would emerge if the establishment did not accept the Feb.18 mandate. He told newsmen on telephone that president Musharraf's meetings with the PML-Q leadership and appointment of Nawab Zulfiqar Magsi as Balochistan governor, besides recent increase in the prices of ghee and cooking oil, reduction in wheat quota for flour mills and such other steps suggested that the establishment had not accepted the election results wholeheartedly. He agreed with SCBA chief Aitezaz Ahsan that restoration of the sacked judges through two-third majority parliamentary vote would amount to legitimizing the action. He also said that the PPP and PML-N had agreed to the reinstatement of judges and only the modalities were to be finalised. (Posted @ 18:34 PST)