Road to Democracy

Amjad Malik MA, LLM

Road to Democracy

CONTENTS

Introduction

Chapter I: Articles related to Democracy

1- Think before you vote

2- The public speaks

3- Educated Punjab’s uneducated Chief Minister

4- 18th amendment is in the offing

5- Silent revolution – Part 1

6- Silent revolution – Part 2

7- 12th May anniversary, new challenges

8- ‘Pul Siraat’: It’s a matter of when

9- Stalemate

10- Where is our parliament in all this

11- Defeating the mind set

12- Allah, Awam, Military and USA

13- Lost opportunity

14- Old don, or a new dawn for Pakistan

15- Presidential speech: a critical analysis

16- Hashmi is a new victim

17- Legal Frame work order

18- Black days need to be over

19- Sharif’s exile of 6 years

Chapter II: Articles related to Judiciary

1- The messiah turned out to be a human after all

2- Long March: a show of public support

3- True independence of institutions or just a job

4- When the character is lost, everything is lost

5- Iftikhar

Chapter III: Articles related to Public Interest

1- War of terror

2- Pakistan’s modern day media challenges

3- Double standards: Musharraf does not need a safe passage,

but a fair trial

4- Pakistan deserves better

5- Mumbai attacks, a wakeup call for both arch rivals

6- Hot pursuit or breach of territorial integrity in Pakistan

7- Pakistan is there to live forever

8- From Lahore to Islamabad

9- In the line of fire: A critical analysis

10- Plane hijacking a serious crime

11- Article 15 a legal joke

Chapter IV: Articles related to Overseas Pakistanis

1- Image building exercise for Pakistan

2- 42 days detention: Is it ‘justified’ or a case of

‘Islamophobia’

3- Implication of recent events in Pakistan and Why British

Lawyers should be concerned

4- Radicalisation of Muslim youth of UK

5- Self flagellation – a religious practice or child cruelty

6- Give us the Pakistani passport at least

Chapter VI: Press Releases and Correspondence

1- Letter to CJ – PCO, Uniform and Mian Shehbaz Sharif’s

deportation,

2- Letter to CJ – ill treatment with the Chief Justice of

Pakistan

3- UK Lawyers condemn Karachi riots

4- UK lawyers condemn Benazir murder

5- UK Lawyers Condemn imposition of emergency rule in

Pakistan

6- Lord Ahmed met with US officials at House of Lords over

US attacks inside Pakistan

7- Letter to American President

8- Lawyer in the News – GAZETTE – report September 2007

INTRODUCTION

Year 2008 brought popular leadership of Pakistan back in

political scene where post 18 February 2008 elections PPP

formed a government in centre, and Mian Nawaz Sharif got

Punjab as well as the slot of opposition. General Musharraf had

to resign from his Presidentship due to looming threat of

impeachment in Parliament. The year ended with the 2nd

sacking of the Chief Justice of Pakistan first on 9th of March

2007 and then second on 3rd of November 2007 who is still off

the bench at the time of writing this introduction.

Pakistan is going through one of its most difficult challenges

whereby in September 2008 USA forces attacked inside

Pakistan, a rare but bold show of force inside the territory of an

atomic power on the name of ‘war on terror’ against

extremists. Asif Ali Zardari got his space in history by getting

elected as the President of Pakistan despite all odds and

reservations and he swept the political scene by forming

governments in alliance in all four provinces.

Most fascinating of all was the election of Barack Obama as

the President of United States of America which was a sign of

rejection of the policies of George Bush as Americans stood for

the change on the day. His election not only revived the

concept of modern democracy where dissent can be expressed

through ballot, but a huge turnout proves that American people

considered this election very important to be part of the

farewell ceremony of George Bush. Mr. Obama has also given

a new dimension of human race where a concept has been

strengthened that race colour and creed can never hinder in

human development and progress and American people who

voted for the best on the day, deserve an applause for rejecting

ancient colour discrimination and prejudice which still exists in

some societies and countries till today.

Coming to Pakistan, where Chief Judge is still waiting for his

restoration, Pakistan struggling for cash deficit, credibility of

administration is an issue, and economic crisis looming over

every one’s head, and War on terror is in the process of getting

its new leadership, these months will determine the direction of

the country. However, Pakistan will have to learn to be on its

two feet and it needs to put emphasis on trade not on aid.

I tried to live with the flow in this book and I am sharing my

experiences through a compilation of my articles in a book

form.

SPECIAL THANKS

I must thank without fail to all the Editors of newspapers,

electronic media networks, anchors and operators of blogs here

in UK and abroad who always kindly accommodated my

writings and provided me an opportunity to express my views

on core issues relevant to my work and cause. Their names are

so many that I may not be able to pen due to fear of annoying

others, but i feel fortunate to have so many friends who support

the right thinking and true logical analysis and conclusions.

I must also thank my wife Nadia, my son Humza and all my

team at my chamber in particular my colleague Kashif Umair

for his technical assistance throughout. They all have been very

kind to me in sharing their thoughts, and their feed back on my

articles.

My special thanks to my parents who have always prayed for

my success unconditionally, and its due to their kindness and

prayers, that I am able to express clearly what I profess and

believe in.

DEDICATION

This book is dedicated to my mother ‘Mrs. Hameeda Begum’

and my father Bashir Khalid who both taught me to hold high

morals and ideas, stressed to have faith and never be afraid of

hardships.

Chapter - I

Articles

related to

Democracy

Think before you vote

This could be one of the most uncertain elections in Pakistan

where there are hundred of doubts whether they will be held as

scheduled, and if yes, will it be fair and the atmosphere is not

conducive either. If people come out of fear, and went to vote

on the poll day then rest assured despite all the odds the next

Parliament will be a mix of pro and anti Musharraf forces who

will be deciding very crucial issues and one of them would be

reinstating the deposed judiciary and future of Pakistan. If

these elections are rigged, it will open a Pandora’s Box which

may sweep a lot of things with it as Pakistani elections have

many stories within.

In the gloomy atmosphere which is saddened by the death of

Be Nazir Bhutto, election process could not really attract lay

men, women and children who are scared as well as the

government machinery under instructions ‘to do or not to do’

their job casting spells on its fairness. Being a human being I

sometime feel the pain of incarceration of family members of

Chief Justice & others who are blamelessly detained and are

not able to run their lives as other normal human beings like

going to school, shopping, meeting families etc. It reminds me

of the colonial past where family members were arrested in

order to ensure an arrest in order to put on trial the main

accused and even today our black masters could not exit from

that mind set even in 21st century. Justice Iftikhar Choudhary

could be the main man desired to be detained by the General,

however his family’s house arrest with him is unimaginable,

and the shameless quietness in West over it is unforgivable.

The remaining election is overshadowed by sleazy campaign of

individuals who have spent 5 years are without proper policies

to give road map to take Pakistan out of the mess it is in

economically. The recipients on the other side, rather than

showing a promising scenario to masses are in fact buying the

bait and showing the red rag to a bull and thus tit for tat

exchange of fiery allegations. Alas, politics of personalities in

Pakistan may wipe out the possibilities of ever having public

serving leaders. People may still have to bear the brunt’s of the

inefficiencies of our elite mafia who is draining all resources to

store the grain for their rainy days, for their clan’s well being

and for their children and family’s welfare. Politics in Pakistan

is an elite club of families devoid of Quaid’s vision and spirit.

If Quaid had wanted what our leaders are practising, then his

daughter would be running for Presidency, and his sister would

have been next Governor General upon his death but did he

wish for that ever? No sir, but have we learnt anything from

this practice of the leader of the nation, again no sir. Common

man is hardly near to their natural share of those resources. On

top of it the overseeing machinery (judiciary) is wiped out as

well with a twitch of a finger due to mala fide advice of a few

to save their skin and livelihood and we are helplessly

watching the onslaught on the top law men of the state and the

concept of innocent until proven guilty is tarnished. Above all,

detention of chief lawyer barrister Ahsan beyond 90 days,

media bashing, and expulsion orders of national heroes from

one province to an other is fatal for the federation and rule of

law in the state of Pakistan and national government is not in

the offing either as we could not develop the tolerance level

required. People genuinely need tolerance and reconciliation

nationally which is not mirrored from the above actions of the

regime.

Nationalism is a trump card used by agencies to declare even

the most loyal of the land as ‘traitors’ and worst enemies as

allies. I for once foresee bigger problems emerging from these

elections as when the basics are not right, then the outer

product would be befitting to the origin. We all are devoid of

encompassing the ground realities, that free media and

judiciary is unavoidable in this day and age and emerging

realities forces us to rethink how to run Pakistan and army

must pave way for truly elected leadership of masses to run the

country under a closely monitored institutions and the job can

better be done by media and judiciary to bridle the unbridled

politicians of Pakistan who have looted the dreams from the

eyes of newly born children of Pakistan who all are born with

heavy debts on their shoulders. Institutions are crumbling, and

this system on the pattern of colonial regime is not going to

survive any longer, and we need to emancipate people and

engage them to think for themselves, like they did when we

achieved this statehood. This apathy is killing the original

thinking which is never preserved in Pakistan. We need to

encourage people to say ‘no’ freely, rather than keep clapping

on same old stories of turning Pakistan into a dream land, we

neither saw street of Paris in last 60 years nor we have

eliminated poverty and have brought revolution of education in

the country and in this national crime we all are guilty as

charged.

Musharraf regime failed bitterly when it came to delivery on

his own set 7 points. So miserable have added misery further.

One thing for sure army rule can not be the future and only

public rule is the way forward and how we achieve that is a

national issue for all including politicians, civil society and

army men of today and the past as we must not disappoint Mr.

Jinnah who must be thinking the very question why did we

achieve Pakistan, was it to see people without flour, gas, oil,

employment without education, health and above all, at the

mercy of only a few handful who were lords then and are lords

now, and where does the working middle class fit in who could

never get out of their daily life worries. We must ponder as to

why India is able to shelter so many languages, cultures, and so

many different people under one roof. Is it on one man one

vote principle which we ignored and free judiciary and media

which we bashed & gagged? We must think why can’t we, if

the country was made on the same principle. Just think for once

and then vote in 2008 elections.

Dated: 13 February 2008

The public speaks

This is not gallop survey or western frenzy human right

organisation’s guess work, people of Pakistan in reality have

given verdict and have shown serious dissent to the policies of

general Musharraf and his way of governance, in particular to

his treatment to top judiciary of Pakistan. His own handpicked

Q league stalwarts have lost their own home seats which is a

clear sign of charged mood of the nation.

Sharifs and Bhuttoo’s party have landslided in Punjab and

Sindh respectively and moderates in NWFP showing red card

to the bearded Prime Ministerial aspirant Maulna Fazal u

Rehman. These parties if can carefully muster a coalition

government, it will be a big victory for the people of Pakistan

which will bring continuity, stability and strength in

governance. However, the task ahead is not small as they will

have to be wise enough to acknowledge lawyers, media and

civil society’s movement for justice and they must invite open

heartedly Imran Khan, Qazi Hussain Ahmad and APDM

components to join them too in their coalition. Lawyers will be

content if pre 3 Nov judicial position is restored and Chief

Justice is brought back to his position along with his colleagues

with honour and order of 7 member SC bench is given due

respect and preference. If they can not achieve this then sitting

in opposition may give a signal of strong character. Media men

who were banned from reporting must be asked to resume at

once, especially Hamid Mir & Dr Shahid Masood. However a

code of conduct must be discussed along with setting up an

independent complaints body for consumers and public

separate from PEMRA. The law of compensation for sleazy,

and slanderous reporting must be introduced which will pave

way for the due role of media which is acknowledged by all in

the run up of election(s). I think printing and electronic media

representatives may jointly draft a code which is reflective of

the need of the state as well as encompassing the international

norms.

Having said that, opposition voice must be protected too, now

that the winning party is in government, they must treat the

opposition the way they wished the treatment for themselves

which they never received. Opposition plays an important part

in democracy, and winning graciously is the key and

‘forgiveness’ and ‘live and let live’ principle must not be

ignored. Any component of opposition may not be barred from

going from one province to another, their families must not be

disturbed and no false and trump up charges should be brought

against them. Even if charges are made, they must be offered

due process of law and fair trial ideally in the court before

Justice Choudhry. I believe that political defeat by vote is the

biggest revenge one may take from their opponent.

I for one am not in favour of selective accountability. Sharifs

idea of holding people accountable through Saif ur Rehman

and General Musharraf’s pardon through NRO are not ideal

solutions and give rise to suspicion of selective accountability

which people dissent. I feel accountability trials may be

conducted through normal courts, higher as well as superior

courts. If public representatives have violated the law, they

must be brought to justice and no sacred cows must be spared

unattended in law. However what these two parties can do is to

create a political will to strengthen the judicial process, as well

as the existing court system and the way judges are appointed.

If judiciary is strengthened, then that truly can stop military

interventions as it can play a role of a buffer zone where a

military man does not need to jump in on the name of wiping

out corruption. I think winners must bring true meaning to the

slogan of servants to people as people do not like big cars,

grand offices and luxurious foreign trips when there is a

shortage of flour, oil, gas, and sugar in the country. As people

are dying of suicidal attacks therefore simplicity could be the

key to avoid any suspicion of mal administration and

government should be reflective of the people it serves, a poor

state in debt head over heels.

Finally, the main man himself, I think General Musharrf must

consider where he went wrong, his advisors made him a deaf

and dumb and seldom showed him a true picture of his

governance and he lost the pulse of the people. He did not learn

even from the build up of dissent on 5th of April in Lahore at

Lawyers Convention when obedient subservient Chief Justice

was admired as a bold courageous man for saying ‘No’ to the

dictator, however he rather than understanding the will of

people tried to show muscle on 12th May like a genuine public

leader resulting in many deaths. Hired spectators can never

make one a leader, similarly a serving General devoid of

legitimacy can never be a legitimate elected leader as he never

has roots in the masses. He lost his constituency when he shed

off his uniform and the rest is history. We can divide his rule

between pre and post 9th of March 2007 and he is a victim of

his own deeds and may be considered an ignition of waking

this slept jinni a nation of 160 million who only wake up when

they are to loose everything. Nation woke up when they saw

the country loosing its ground and the institutions started

crumbling. In all honesty, he could have been a leader if he

had not gone for his own elections first and had held general

elections post 20th July 2007 accepting Supreme Court verdict

but end of the day he was a man not a saint. Its for him to

decide how to manipulate his individual exit as military as an

institution has honourably distanced themselves from him and

the politics. However, whatever happens next, the game is on

and people once again have vetoed against the turn coats.


Educated Punjab’s uneducated Chief Minister

What goes around, comes around was a phrase I heard in my

childhood and the fate of our outgoing political machinery is

pitiful as they are still conspiring, aspiring and dreaming of

forming government by hook or crook despite the fact that air

is against them. They do not find any space in the ranks of

opposition, and people of Q like a salt are diluting in the

political waters of Pakistan as they have no roots in the masses.

They are a tribe which never go to jail and is always ready to

switch sides at the eleventh hour. Those who were claiming to

elect a serving General ten times in uniform for the Presidency

are biting their nails and the mandate is clear, in comes the

chief justice and out goes the President.

Public have spoken once again, and they cheered loudly that its

democracy they prefer. Once again mandate has been given to

parties holding roots in the masses. We are once again at a

crossroad yet again, to respect that mandate and save the

integrity and sovereignty of the country or repeat our mistakes

like 70’s. We must learn from the mistakes of past when we

lost Dhaka shamefully, but unfortunately, we daringly are

willing to repeat such mistakes. I have been considering the

core of our problems one of which is that we never nip the evil

in the bud and we always try to move forward pragmatically

without caring its fall outs on the state. Hamood ur Rehman

commission was quick to depict our weaknesses earlier in 70’s

and Commission Report tried to put our future straight but we

withheld that report for decades which should have been part

and parcel of our learning process. I would quote only few

relevant paragraphs just to give a glimpse to show how familiar

the scene was then, and even now, and I pose a question to the

nation when will we learn?

The report says in the opening chapter 1, at paragraph (2), “

After analysing the evidence brought before the Commission,

we came to the conclusion that the process of moral

degeneration among the senior ranks of the Armed Forces was

set in motion by their involvement in Martial Law duties in

1958, that these tendencies reappeared and were, in fact,

intensified when Martial Law was imposed in the country once

again in March 1969 by General Yahya Khan, and that there

was indeed substance in the allegations that a considerable

number of senior Army Officers had not only indulged in large

scale acquisition of lands and houses and other commercial

activities, but had also adopted highly immoral and licentious

ways of life which seriously affected their professional

capabilities and their qualities of leadership”.

In the same report at Chapter 1, Para (9), according to Rear

Admiral M. Sharif (Witness No. 283) who was the Flag Officer

Commanding the Pakistan Navy in East Pakistan, said “the

foundation of this defeat was laid way back in 1958 when the

Armed Forces took over the country ...” While learning the art

of politics in this newly assigned role to themselves, they

gradually abandoned their primary function of the art of

soldiering, they also started amassing wealth and usurping

status for themselves.”

And finally in their recommendations at chapter 5 paragraph

(3) the commission reported that “The Commission feels that

there is consensus on the imperative need to book these senior

army commanders who have brought disgrace and defeat to

Pakistan. We believe that such action would not only satisfy

the nations demand for punishment where it is deserved, but

would also serve to emphasise the concept of professional

accountability which appears to have been forgotten by senior

army officers since their involvement in politics, civil

administration and Martial Law duties”.

Did we ever try to learn from our own mistakes? Our

soldiers must have learnt that report by heart to try to lift

their professionalism but they never could lay their hands on

this report, never mind learning it by heart. Alas we kept on

experimenting on Pakistan without caring the remarks of our

beloved Quaid who prohibited the armed forces from

indulging in politics and for the very reason tried to impinge

the promotion of General Ayub khan who to him was an

aspiring General.

The pity is that Generals always find people like Q League

who are ready to act as collaborators and are ready to dance

on their tunes. Those good for nothing politicians are willing

to select, elect or support them for demolishing

Parliamentary structure & constitution, offering wily nily

oath of allegiance. They are ready to bulldoze media without

realising that we all are bound to watch the interest of state

which is higher than the interest of individuals under Art.5

of the Constitution 1973. Time has come that we analyse

our mistakes and hold ourselves accountable to the public

and accept their verdict. General Kayani through sheer

professionalism within weeks of assuming power ceased his

institution’s interference in the national politics and had

halted the activities which may jeopardise the whole

political process. I think it’s a good sign as nothing has lost

yet. He must initiate a drive to revive the role of armed

forces which is non political and through professional,

devoid of lust for power and luxury and is as enshrined in

the law and constitution of the land. He must also restore the

true image of his tribe, as luxury will kill the soldier’s lust to

fight for its country. His announcement to declare 2008 as a

soldier’s year is a sigh of relief for critics as it will help to

promote professionalism in coup de tat fame organisation.

However, the politicians as a clan needs to be robust enough

and must be above board in order to revive the hope of

democracy in Pakistan. Army will come if you call them in

the absence of independent judiciary. West can play their

role only if you allow them to. Otherwise, I see no role of

United States in government making if the people’s mandate

is respected and politicians offer full accountability and

ready to go to jail even if it is at for the sake of independent

judiciary, rule of law and parliamentary sovereignty and

they will be revered from their detention for standing up on

principles.

Now coming to the serious point as King’s party was

claiming a vote of majority on the basis of their 5 years

performance and junta drew their attention towards their

deeds. Detained Chief Justice of Pakistan with his

colleagues, incarcerated Supreme Court Bar President along

with top law men, one former Prime Minister dead due to

their failure to protect her, media gagging, Constitution

avenue blocked for public, lay Pakistanis are without proper

services of main utilities i.e. electricity, gas, oil and clean

water and public is fighting for proper flour (atta)

distribution was the state of play when Q league was

seeking vote of confidence from masses. Nabbed Ministers,

Stock exchange crashes, sugar, cement, and oil scandals,

Steel Mills reference, missing people without charge and

trial, plot allotments, New Murree Project amongst others,

unconstitutional amendments, Red mosque, frequent killings

in Tribal areas in particular Wana & dama dola, increasing

suicidal attacks, and advocating for the justification of

emergency actions of 3rd November 2007 actions acted like

an icing on the cake of hatred against the king’s party.

King’s party did not leave any stone unturned to plunder

wealth, or acquire land and bribe the coercive officers whilst

they could.

Having said that their so called reconciliation efforts are

praiseworthy when we see the way Chief Minister witnessed

silently the deportation of Sharif’s family women from

Islamabad airport in 2003 via Punjab police, later Shehbaz

Sharif was deported extra constitutionally on 10 of May

2004 despite Nazim Siddiqui’s implicit observation in the

case of SC/55/2003. Chief Justice was tried and his hair was

pulled by his Punjab Police who walked free despite a

charge sheet was proven against them. Lawyers and media

personnel were brutally handled by the mighty force. GEO

News office in Islamabad was attacked daringly. 12th May’s

horse dance show whilst Karachi was lifting dead bodies

was shameful. Expulsion orders were given to citizens like

chocolates. Nawaz Sharif was mistreated and excluded from

Pakistan like an enemy of state on 10 of September 2007

despite clear verdict of Supreme Court of Pakistan and

finally Be Nazir was greeted with bomb explosion(s) on 18

October 2007. She was later assassinated sadly on 27

December 2007 outpouring all the civil segment of society

on streets of Pakistan. Chief Justice remained without any

charge under house arrest and the worst of all, his children

and family were incommunicado for unknown reasons

which is a blunder for which King’s party can never wash

their hands from their responsibility. Therefore, public

declared them guilty of failing to discharge their public

duties to uphold the constitution by promoting rule of law.

From 2002-2007 Punjab has been outgrown due to

development but selective progress the gulf between poor

and rich was widened. Nepotism went on rise and one

particular cast preference was visible all over. Rural schools

are still without proper toilet facilities and large schools in

villages still sit on floors for tuition and in winter there is no

heating facility and children have to move in open to study

under sunshine. Young students without books and stipends,

the alimony given to poor at the time of 2008 elections in

the sum of 1500 rupees was just a one off show to get their

votes. In Punjab free education is still a dream which never

came true and it remained confined to costly electioneering

advertisements. Punjab was run through Punjab police and

we saw one protestor boy was beaten with sticks and his

trouser was pulled down for just raising concerns for the

safety, and well being of his missing father. Human rights

reports were ignored, foreign surveys were non existent and

opposition was nonexistent in Govt’s papers. They ran

Punjab like a Ku Klux Klan who did not see any wisdom in

equal treatment, rule of law, justice and freedom of

expression. They gave channels licences but tried to buy

their loyalties and if they could not, they gagged their

tongues without realising that slaves are only slaves until

they achieve their freedom, and media got its freedom in

Pakistan.

But with all odds, public of educated Punjab in 2008

elections outvoted ‘the uneducated’ Chief Minister of

Punjab who must listen to the voice of people and try to

ponder why he is thrown from the crown of luxury to a bare

floor. Only then, he will realise that it was all due to

immense pride which in the end hath a fall and he could not

wipe out the memory of the good work of the true lion of

Punjab which was remembered whilst casting votes by the

people of Punjab. Public have yet again spoken in favour of

PML(N) in particular Shahbaz Sharif in Punjab for his hard

work and he must get on his job as he has an unfinished

business to complete what he himself initiated.


18th

amendment is in the offing

On 18th February 2008, despite all pre poll efforts democracy

spirit in Pakistan won the day and democrats won majority

against establishment. Credit goes to the man in uniform for

remaining a spectator along with his en to rouge and with the

announcement of both leaders of opposition parties to form a

coalition government jointly there are serious possibilities of

18th amendment to the 1973 Constitution in the early days of

the parliament undoing most of the provisions of 17th

amendment. It will be bringing for Parliamentary ratification

the ‘Charter of Democracy’ abolishing National Security

Council and restoring a true parliamentary form of governance.

As it stands, it’s neither Parliamentary nor Presidential and the

General Kiyani is remaining impartial which is a recipe of

disaster. Parliament had attempted such action when 8th

amendment was removed in a joint session in the earlier reign

of Sharifs and we are at a crossroad again with the similar task.

There are few problems worthy of attention at the earliest: first

being the reinstatement of pre 3 November judiciary in

particular Chief Justice Mr. Chaudhary. I for one, believe

strongly that with any particular judge or judges judiciary does

not secure independence fully, as its the system of justice

which needs a revamping. There is a full scale judicial package

required to release judiciary from the continuous barricades

which hinders its genuine performance. The foremost is the

syllabus of lawyers and promoting the concept of non political

bar once we are truly into democracy as good lawyers in return

transform into good judges. Judiciary needs independence

financially too, as judges who are dependant for their salary,

and allowances including pension(s) on executive are prone to

get twisted especially lower judiciary. Judicial Security is also

a key to provide sense of security to the man who dispense

justice if he is dependent on local Police chief for his security

how can he do a judicial review of his decision. Therefore full,

foolproof security to judges handling cases against any

criminal mafia, landlords, fanatics, and terrorist(s) is a

necessity otherwise we will keep seeing judges are pulled from

their chambers as we saw on 3rd Nov 2007. In Pakistan ‘who

you know’ or ‘money’ works and self dependency with pride

will promote proactive judicial work. Give the judge a sense of

security so that he can give you justice. There is a political will

required for judicial autonomy too as if Parliament and its

members are willing to be accountable, I am sure there will be

no ‘PCO’ ever introduced in future. It was not judiciary but

politicians who voted for Musharraf in uniform so they bear a

blame too for their inefficiencies where public and judiciary

faces the wrath in return. It’s only the judiciary which can

guarantee the smooth running of the work of provinces and can

save the Federation amicably arbitrating amongst the bigger

problems between provinces and parties and holds accountable

the elements who are acting unconstitutionally. Steel Mills

reference, Hisba bill and 2 Million voter’s registration case of

Ms. Bhutto are a few examples of such judicial work which the

nation demands.

Now this is up to Parliament and public to answer why we need

these judges back but the way they have been treated in 2007

‘justice is not seen to be done’, if they are not reinstated. How

can we achieve this is very simple. On 3rd November 2007

Chief of Army Staff without holding any power in the

Constitution declared emergency and offered the selected

judges an oath of loyalty. Almost 70 judges refused to bear

allegiance to the outgoing military general despite the fact that

a few had sworn loyalties earlier in 2000 for the same man. On

the same day 7 members bench of the Supreme Court declared

that such proclamation is illegal and barred the remaining

judiciary to take any such oath of loyalty. Had it been an army,

no corpse commander would have taken a step forward to be

the next army chief when the head is removed unlawfully but

unfortunately this was our judiciary and General Musharraf got

lucky with the aid and assistance of his legal hawks. They

managed and found a few ready to violate that order as well as

agreed to accept that offer. They went one step ahead and on an

application of Tikka Iqbal Mohd Khan C.P No 87/2007

legalised the mini coup of 3 November 2007 too in the same

month when Constitution Avenue was blocked for lawyers and

public. That decision may absolve the general from article 6

prosecutions but does not legalise coup in full terms as

Supreme Court cannot grant what inherently they do not

possess which is a right to make law as that is the sole

prerogative of the Parliament and elected members of the

people of Pakistan. So the action is unlawful until Parliament

approves it with 2/3 majority.

Now on 18th February 2008 if the poll had favoured the king’s

party all is fine but the result went against odds. Now the

Parliament will have to make a decision to accept either the

decision of 3rd November made by the CJ Mr. Justice

Choudhary and his colleagues or the decision of 23 November

2007 ordered by Mr. Justice Dogar & others. I think if

Parliament wishes to restore judges, an executive order can put

them back in their respective courts however due to a follow up

judgement of Mr. Justice Dogar a simple act of Parliament

‘Rejection of the PCO & emergency provisions bill’ is required

to ensure that the will of parliament is to reject 3rd November

action(s) in particular new oath. It will prove that the

parliament accept 7 member SC decision of 3rd Nov 2007 as

valid which will restore all judges with legal authority at once.

Fate of remaining judges appointed post 3rd November may be

decided by the SC Chief in consultation with his colleagues in

the light of AL-Jehad Trust case subsequently. This is quite

similar to what General Musharraf himself did, once he

retained his presidency in uniform post 31 December 2004 in

violation of Art. 63(1)d against his promise and he did that by

simply passing an Act of Parliament called ‘Two Offices Bill.’

Now the will of people is crystal clear only USA needs to make

up his mind. Does USA wish to engage with one man

drowning or with 160 million people of Pakistan who are rising

with every day passing?


Silent revolution – Part 1

Public have silently spoken through ballot putting added

pressure on our political clan who always fall a prey to

pragmatism and accept defeat before even the battle starts.

Lawyers moved, bench stood up, media bore with the bashing

honourably but only the clan of Q did not move and surrender

to public demand and in the end they fell badly from their

thrones as pride hath a fall in the end. Now public with sheer

wisdom have given the task to the new parliament to sort out

the mess the country is in rather than boycotting by bringing an

orange revolution which is in true sense a silent revolution

where opponent is defeated, though still alive.

I foresee many tasks which are coming before the new

Parliament which I will divide in 4 issues, constitutional,

judicial, Social and national. I will talk on first two in this

essay. First and foremost task ahead is to liberate the

Parliament from the unseen pressures and fears including Art

58(2)b. There is no doubt that we have mutilated the

constitution badly into a position that its neither Islamic nor

UK or US style, its a mixture of all three and its neither

Presidential nor Parliamentary. Parliament needs to at once,

resort to constitutional overhaul to bring it back to the place

where it stood on 12 October 1999, sooner it is done the better

it is for the civilian rule. We also need to determine the role of

army in politics. Hamood ur Rehman commission was quick to

depict our weaknesses earlier in 70’s and in particular I quote

one sentence from the report at Chapter 1, Para (9), according

to Rear Admiral M. Sharif (Witness No. 283) who was the Flag

Officer Commanding the Pakistan Navy in East Pakistan, said

" While learning the art of politics in this newly assigned role

to themselves, they gradually abandoned their primary function

of the art of soldiering." We need to decide at this juncture, do

we still wish to keep the role of army in our politics? If yes,

Parliamentary defence committee could be broadened further

giving more representation and say of army commanders in it.

If the answer is negative, which to me is just, then Parliament

may consider amending the Article 6 finishing ‘the law of

necessity’ and creating a free standing clause that any

commander of armed forces who invades the parliamentary

sovereignty and abrogates the Constitution will stand dismissed

from his post of government service and SC will initiate the

trial under Art.6 of the Constitution of 1973 forthwith and give

judgement within 90 days and his deputy will take oath as

acting commander of armed forces whilst the article 6 trial is

pending. I think we are ignoring the development; India and

Bangladesh have made to curb this tendency to coup de tat

especially in the promotion of officers of the armed forces. We

may too bring these promotions from the rank of Lt. Colonel

onwards under Parliament ideally before defence Minister and

Chief Executive. Of course with the recommendation of their

commander to bring the officers forward who are ready to die

in the line of duty for their country and one’s who are ready to

be accountable to the civilian authority. It is similar to judges,

higher officials of police and civilian machinery. There is no

shred of doubt that Pakistan army is one of the finest and can

do any task given the opportunity however, its past record of

bringing in 4 martial laws in the short span of country’s 60

years life speaks for itself that there is a need of genuine

thinking to make this organisation parliament friendly. New

army commander with his wisdom and consultation must

consider to compete with other armed forces in the region as

well as bringing it to some sort of legal excellence, thus by

default promoting the parliamentary form of democracy in the

state of Pakistan.

Second most important task would be to create an independent

judiciary which in true sense can act as a buffer zone between

the power struggle of politicians and Generals and may act

given the opportunity as an arbitrator to absorb all the shocks

to the state and handle any tussle between the institutions in

accordance with the law of the land. Where provinces have a

grudge with the other, it can also safeguard the national

interest. Looking at the scene a very few legal stalwarts are left

untarnished by the mighty, but still bar, bench and media can

take this struggle further to strengthen the judiciary in true

sense. Dream of independent judiciary though does not suit the

rulers military as well as civil but inevitably is the key to stop

military interventions in order to bring true democracy.

However this independence does not come easy. Lawyers need

to keep its ranks politics free and work hand in hand with the

bench. A lawyer’s work must start from its professional service

and must peak to the highest ranks of the bench. If lawyers

wish to play a political role, they must continue their politics of

electioneering, however to promote the fairness and

independence they must consider not to act in dual capacity.

Being an office bearer of a political party and elected member

of bar promote unnecessary conflict of interests as there is a

room of both interests ever clashing. In that case of a

clash either you are loyal to your party or the cause of judiciary

and Bar. Judiciary as an institution also requires financial

autonomy, complete separation of power from executive, a

crystal clear method of appointment of judges, and they must

be held to account only by Parliament. They must be facilitated

for their ongoing professional training and mentoring, personal

security, as well as constitutional safeguard from executive

man handling. Its a dream which has no complete answer and

can only be achieved with the passage of time if necessary

steps are taken. If our children in schools now study law and

attain the right to judgeship after duly required qualifying

criteria with the environment predicted only then we can say

that the judiciary is on the sail to its freedom and

independence. Judiciary is not liberated with one decision as

happened on 20 July 2007 and it will not be liberated with one

man as was the case with Justice Choudhary as still Nawaz

Sharif was deported on 10 of September 2007 which shows the

clear lack of conviction of the establishment on the topic of

respect for rule of law. Its an ongoing struggle which requires

vision and political will to facilitate that atmosphere in which a

judge can dispense justice. The image of detained judges with

families is horrific and it’s a night mare for rulers who have

received their first instalment by way of 18th February election

results and if the mandate is not accepted then people may take

to street to embrace the detained judges and escort them with

their full honour to their courts by force as rulers may not

accept the power of vote and that’s the language they are

promoting that ‘might is right’. That’s the way things are in

General Mushrraf’s Pakistan where government is constituted

and run by force and people are reaching to a stage where they

will feel that judges need to dispense justice by force too.

Though the anomaly is very dangerous but someone should

listen to the verdict of people too, the lonely voice of silent

majority who always remain out of touch in the country’s

national business. People wishes to see Quaid e Azam’s

Pakistan in which judges are not detained, media acts free and

Parliament is sovereign and army protects the borders of the

country. That is for what 4 million people sacrificed their lives

to bring this dream come true in 1947. Thank God Quaid e

Azam Mohammad Ali Jinnah is not alive to see all this

happening in Pakistan otherwise he would have caught the

collar of the ruler and would have said, ‘what have you done to

my Pakistan’.

Dated: 05 March 2008

Silent revolution – Part 2

My brief visit to Pakistan in March was welcomed by suicidal

blasts in Lahore’s FIA buildings and a farewell attack in

Islamabad restaurant resulting several deaths and injuries

which pose a serious question of law an order situation in

Pakistan. Some ordinary citizens still believe that its more of

self created problem and may be, some agencies involved in it.

Opinion is divided which is fatal for Pakistan as govt of the day

has failed to send a message across to the nation of the gravity

of the situation where unknown sophisticatedly armed men are

willing to die with hundred others to score some political point.

Is it revenge or the foreign invasion of a different kind? It may

be the failure of Musharraf regime to properly advocate in

favour of his ill thought policies which are back firing. As a

nation Pakistanis are not trained ever to any danger coming

towards the state in fact, they all wake up when the water is

above the danger threshold. Nationalism is no where to be seen

in Pakistan, and alas Qauid e Azam Mohammad Ali Jinnah is

confined to portraits and ceremonial status. His sayings and

doings are hardly remembered in particular by our rulers. If

they are acted upon from the beginning, we would not be in the

mess we are currently in.

12th May massacre showed the tendency of our rulers to an

extent they may go to suppress lawful drive for

constitutionalism in Pakistan, however, the way nation behaved

over the tragic death of late Be Nazir burning their own train

stations, looting banks and blowing businesses and damaging

properties is a worrying sign for the flag carriers of federation.

We need to knit ourselves to a one nation without caring our

geographical heritage or regional locations in order to combat

the 21st century war of information. Of course, language can

play an important and integral part in carrying the message and

none other than Urdu could be used to broadcast national

message which may be understood by all. If you speak in

foreign language how can you convey your message in a

borrowed language to your own nation? I would go one step

further and would recommend national disciplinary service to

train the whole nation towards rule of law & basic defence

drive so that we as a nation start to learn respecting the law of

the land.

Common Pakistanis are hit by price hike, lawlessness, and are

suffering due to lack of educational; health and social welfare

facilities. Above all we are perturbed by political Mullah’s role

in our day to day life. Extremism is multiplying and lack of

stable political activity is doubling the radicalisation in our

attitude where poverty and unemployment throw bait to the

rich mafia to do dirty and manipulate our young uneducated

radical mind to use suicidal attacks as a fire work. Political

business reduces tension and put people on a table to solve

problems. Pakistan needs a national drive of reconciliation to

set up a political system and ponder on a serious social charter

where nation which lacks infrastructure can come nearer to a

dream to get justice, economic strength and basic necessities

like free education, state health service and employment. New

govt must consider granting the dictatorship ridden Pakistan a

ray of hope where social welfare dream comes true, a dream

where a lay person gets justice at the door step due to

devolution of justice system to the town level and a poor gets

flour to eat bread and gets employment and his sick mother can

be treated free at a national hospital and his daughter can go to

school trouble free at state expense. At the moment people in

General Musharraf’s Pakistan are on the street with mobile

phone in their hands crying for shortage of flour, sugar, oil and

high price petrol. ‘Work work and more work’ must be the

motto of the nation who achieved the statehood after

sacrificing 4 million souls in 1947 and democratic parties must

show sensitivity befitting to the situation and try to promote

culture of democracy within their parties and they must try to

bring the politics of issues back in business and remove high

level investment out of electioneering. As it stands politics is a

cup of tea of an investor mafia, landlords, successful business

men or retired bureaucrats. Lay middle class cannot even think

participating elections as normal election cost around 20

million Pakistani rupees and one who invest that much would

definitely wait to double their investment once elected. The

whole business of politics must be brought back at a cup of tea

rather than a tea break with a roast chicken and India’s

example is in front of us.

We must foster new traditions where live and let live must be

the motto and the whole nation must be taken into confidence

in this national drive of building Pakistan once again. We are

once again at a stage where we have to decide and revive the

principle and discipline ourselves to beat other nations. We can

do this with progress, modernity of mind and prosperity of our

life style where we are well versed of our Islamic teachings

ourselves so that mosque leader does not take advantage of our

ignorance and interpret Islam the way he likes. Pakistan is in

serious trouble at the hands of a few and the nation can beat

this faceless enemy who is after its progress, modernity, and

conservatism. Unless the difference between our sayings and

doings are not eradicated and we do not work for national

cause, we can not succeed. Pakistan first seems a popular

slogan but do the rulers really mean it. Pakistan day begs this

very question if the country comes first then why the whole

nation is witnessing unprecedented oppression against the chief

justice and his fellows who took a stand to preserve the interest

of state first than the interest of a man. Is it not what Article 5

of the constitution 1973 says, “ (1) loyalty to the state is the

basic duty of every citizen.” Lets all be loyal to the state of

Quaid e Azam on this 23 March 2008 and onwards.


12th

May anniversary, new challenges

April was a month to celebrate the birthday of our national poet

Sir Allama Mohammad Iqbal who with his visionary poetry

tried to wake our long slept nation as well as Ummah and

declared our youth ‘eagles’ who with their strong character,

will earn repute for their country in the community of nation.

However those eagles were burning people alive in the

chambers of Tahir Plaza on the sad day and Karachites saw the

vivid reminder of the 12th May massacre when Chief Justice

was returned from airport and his colleagues were expelled,

dead bodies were lying in the streets and goons were operating

for good 6 hours shutting down all accesses to justice and by

silencing the voice of media. The answers to unsolved mystery

are yet to be sought by a high powered commission.

England too saw northern Ireland conflict where people of

Ireland fought for their rights and struggled for their political

right through political faction (Sin Fein) and advanced their

argument with violence wherever they had a breakdown

through IRA (Irish Republican Army), however in the end to

get accepted, they had to lay their weapons and sit down with

the loyalists of the country to make a strong political argument.

I believe that drive of MQM to canvass nationally for elections

was a way forward to get accepted nationally that they have a

role to play in national politics and it would have been a

service to the country if that had happened. However 12th May

was a day which badly damaged their drive for a national role.

If on that day the party had refused to do dirty what

Choudharies already rejected, Mutaheda would have secured

reputation as well as some stance that they have an independent

position in the ranking. However, rather than renouncing

violence, arson, blackmailing, harassment and subjugating the

will of free people, they failed to protect the public on the 9th of

April 2008 and people witnessed the worst of its kinds

atrocities in the form of burring law chambers as well as

burning human beings alive.

Whatever the argument for or against operations against a

political party, it was a wrong one, political matters are best to

be dealt with on negotiation tables. However, when one tries to

solve problems with might, it always backfires and same

applies to Karachi. People of Karachi are under siege devoid of

free will and a voice as their voice is nipped and they are

portrayed as victims. This internationally renowned city has a

lot to offer to the country in its national development. All the

commercial business as well as the main port for transportation

of goods is situated in the city. Quaid e Azam international

airport is one of the biggest of the country and its time that the

people of the city are served the way they truly deserves.

People of Karachi despite having talent, skill and intelligence

have housing as well as employment issues. Multi story flats

are housing millions without proper care and national service

facilities despite the fact that Altaf Hussain has read the blue

print of UK public service system where in 6 minutes police,

ambulance and fire brigade come at the door of a person who

dials 999 and hospital treatment, education and most of the

services are free. Why similar treatment is not offered to the

people of Karachi in last 9 years is questionable. The estate of

the art development which is offered in last nine years falls a

victim to the atrocities or riots at the hands of one or the other

political rivalries and rather than youth competing with Indian

counterparts in contributing national development, art, science,

and IT, they have guns on their hands and mask on their faces

fighting politics of a lost cause.

MQM is a political reality in Pakistan and has a lot to offer.

Time has come to learn from the mistakes and experiments in

the west where no one could win the struggles of their rights by

using might or weapons example of Sin Fein & IRA in Ireland,

and role of Nelson Mandela in apartheid is a clear path to

follow if people of MQM truly wishes to translate his majority

into achieving physical objectives. National reconciliation is

not a box of chocolates limited for ruling elites it applies to

MQM, BNP,ANP and all others who have nationalist instincts

the only condition is that time has come to lay off weapons and

abandon militant outfits of political parties as Pakistan does not

afford any confrontation. In this light, MQM’s decision to sit in

opposition will promote democratic spirit and their role must

be accepted and protected too.

Quaid e Azam in his tomb must be seeking answers to the very

question that if he has not achieved independence, at least it

would not be Muslims who would burn each other in Karachi

as the blame would have gone to opposition like in Gujarat

riots in 2002 in India. Is it not time that we all transform this

country into Quaid’s Pakistan and policy of live and let live is

followed in its true spirit. At this twilight a decision needs to be

made that Karachi will talk of national politics but not through

bullets, but through public representatives to protect and

represent its people.

Dated: 14 April 2008

‘Pul Siraat’: It’s a matter of when’

Pakistani politicians are undecided to show political will to

restore deposed judges most of whom were detained as a result

of a semi coup on 3rd November 2008.

I am of the view that if ‘political will’ is present the matter was

easy to resolve by facilitating access to their respective courts

so that they start function from the day 7 member bench gave

a decision not to issue PCO and barred judges from taking any

fresh oath other than the one they have already taken. However

if there is a little doubt as to the suitability of those judges to

our corrupt elite then pragmatic politicians are ready to find

101 excuses to sacrifice those 70 judges who said ‘no’ to show

loyalty to one man over their Constitutional obligation.

When constitution fails to address the popular demand then

unconstitutional means follow, that’s exactly I am foreseeing

which is not visible to rulers from their palaces. People are not

willing to cave in their national demand and rulers are adamant

to ignore it, and they are pushing the pubic to a time where

judges will have to hold courts under the trees. Neither

Musharraf regime accepted 18th February mandate nor the

newly elect rulers understood the meaning of the silent

revolution by vote. They are still underestimating the

existence of a bigger force which is still out of parliament as a

result of their principled boycott of the General elections and

any little weaker signal will ignite a fire which will not be

extinguished by mere statements, claims or declarations. Chief

Justice and lawyers must understand that the way judges were

deposed, only the same way they can be restored. There is no

question about it that the day CJ was released his first step as

announced could have been to attempt to go to his office to

take charge than visiting the house of ruling party leader. That

would have made his principled point, and the worst could

have been a period of further house arrest but that would have

been a lot better than falling a prey to this pragmatic mind

wrangling of the politicians who will take judges from one

committee to another and will make the nation to count up to

30 forwards and backwards for 5 years and in all this exercise

lawyer leaders and judges are not a party too. Pro political

party forces in lawyers’ ranks though in minority are still up

with a task to bottle this struggle. But I think they are bound to

fail as the problems in the country are so many in number(s)

that without justice and honest political process, one may put

the bandage on the soar temporarily, but may not cure the

wounds. And at this moment the nation of 160 million people

needs a healing touch, a good news which could be in the form

of restoration of judges to 3rd November position to take things

forward.

Top two Coalition partners have major differences which are

showing day by day. Ruling partner wishes to seek maximum

control over administration and strength in provinces before

creating a situation for hardliner Sharif to understand that its

‘no’ ‘no.’ Sharif who is at a ‘do or die’ crossroad where his

vision of democracy without deposed judges is bleak and his

mandate does not allow him to move an inch from his

uncompromising stand. In politics nothing is concrete, but

both partners with different ideology, manifestos, and history

are hugging each other at the same time keeping an eye on the

next elections trying to see in each other’s heart and mind.

This marriage of convenience has structural flaws which

cannot be corrected with minor cosmetic surgery. I think the

coalition is walking on a tight rope. One partner who is pro

west, has a quasi understanding with the President Musharaf

which is visible from Confidence building measures of NRO,

and lifting the condition of BA for election candidacy through

courts show that ruling party has a possible capacity to work

with the league of remaining Q and MQM. Ruling party

members are waiting for a better time where they do not have

to say it, but Sharifs understands it that they cannot work

together any further.

Sharif however has to decide when to sit in opposition as if the

30th April deadline is gone without achieving its desired

results then to me this will be the first and final test of mutual

cooperation. Afterwards, he will be up for challenges at

various fronts if not on 18th amendment to restore constitution

at 12 Oct 1999 stage then on Qadeer Khan’s release, If not Lal

Masjid trial then on issue of MQM joining the Federal Govt or

if not on 12th May atrocities investigation then on issue of

Western influence in our tribal belt. In a nutshell, he has many

a mountains to climb with a trust deficit. There are major

issues of contention with coalition partners and unification of

most of PML as well as gathering APDM forces coupled with

lawyers could be the way forward to restore truly a two party

system as well as 2 forces of ideology in action. It will revive

democratic spirit in the country as ideally conservative leader

Sharif is best suited to the role of strong opposition in centre as

compared with recently discredited Elahi in polls to confront

pro West moderates.

General Musharraf is gaining support day by day and no one

else but ruling party has resuscitated him otherwise no one else

in his situation could have allowed the rumours of using

58(2)b as well as putting fronts for seeking stay orders from

Dogar’s court against any potential restoration of judges

executive order. Musharraf’s partners are all seeing in one

direction as he is in demand by west being a guarantor of the

11 billion and change as well as being the signatory of the

alleged tacit understanding of fire at will and the shopping list

of the United States which the country is servicing.

In these circumstances independent judiciary, true

parliamentary democracy, and rule of law and

constitutionalism is a dream which requires sheer

understanding of the events unfolding and hypocrisy of our

ruling elite who are reluctant to allow the people of Pakistan to

snatch sovereignty of the state once for all from the clutches of

mighty. It requires continuous peaceful struggle where they

will have to throw above board and matchless individuals

immaculately in the parliament through a national struggle

over the longer period keeping themselves clean by rule of

surviving. Pakistan’s pragmatic parliament has shown why

military dictatorship prevails in the country and the reason of 4

coup de tats in only 60 years is their own inefficiency by not to

allow a stronger judiciary which could stop the smooth taking

over’s by military men in violation of Article 6 of the

Constitution of Pakistan. Both institutors are equally to blame

for promoting the idea of take over as one invites them the

other grants indemnity and legality. For 9 years people in

particular opposition have been crying to ouster military from

politics and the first thing the Prime Minister does is to invite

all corpse commanders including their chief and President

Musharraf to sit with politicians at a dining table with music

and dance around, then in this changed environment how can

you practically manoeuvre their exit which gives a signal of

accepting the concept of troika thus ditching the struggle for

rule of law by default. Coalition partners are walking on a tight

rope and on any one day and on any particular issue they are

bound to fall and it’s a matter of when.


Stalemate

What was feared has happened. The judges have not been

restored and the PML-N is out of the federal cabinet. Nawaz

Sharif has said goodbye to the PPP-led cabinet preferring to sit

and wait while the lawyers and the rest of civil society is

sorting out their armoury in order to raise their voice against

the undesired acts of the government. This time, they will have

difficulty though as the opponent will be none other than a

popular political party that came to revolutionise the state with

their slogan of economic empowerment, education,

employment and basic amenities by changing the system and

taking revenge by installing true democracy. Instead, they are

confused; they are backtracking and are toeing a line that leads

to no where.

A party that is alive because of the bloodline of martyrs, from

Zulfikar Ali Bhutto to Benazir Bhutto is acting against the

wishes of the people and like a dictator despite its anti-

dictatorial slogans and claims due to which they got votes in

millions. We have seen the trailers in the form of possible

forthcoming restrictions on the electronic media. That is

alarming, especially under the PPP that claims to give the

media unprecedented freedom. Instead, their die-hard

supporters who were administered lashes during the reign of

General Ziaul Haq are speechless at these developments.

Nawaz Sharif can feel the pulse of the nation because he is the

living leader of the federation. He has judged rightly that

judges are to be restored and if he cannot assist lawyers in

doing so, at least he must not be seen in the opponent camp.

The judges’ issue that was to be resolved during the first sitting

of the parliament has taken twists and turns and is jumping one

date to another and from one committee to another. It only

requires the political will and intention to restore the deposed

judges. Similarly, parliament has that power to restore the

judiciary as it existed on November 2.

After there will be judges sitting in their chambers, lawyers

will ensure that the will of the parliament is implemented in its

true letter and spirit. But it is not happening soon. That is a

pity. However, it is wise that the PML-N has assured not to be

part of any attempt to sabotage the PPP government at the

centre and has not called for any strike. The ‘show’ will start

because of the lawyers and the rest of the civic society. I expect

many rounds of talks despite the PML-N being out of cabinet

as it will be in the interest of the state to restore judges to avoid

confusion and uncertainty. Similarly, this coalition experience

is new in the country and sessions of negotiations through

political dialogue by remaining in the political process will

improve our attitude and mindset.

The two parties of different ideologies now must support each

other not to derail but allow the political process to work in

which they must discuss, agree to disagree, persuade and force

each other towards their point of view while at the same time

shaping and forming an informed public view and trying to

achieve a settlement of disputes that are core to the nation’s

heart. Morality has nothing to do with politics but sometimes it

is good to have morality as politics without principles is like a

barren land. We have seen the Indian coalitions working

effectively despite so many differences and reservations. We

have also read about negotiations conducted by powers in the

UK during the Northern Ireland conflict. However, the

prerequisite everywhere will be for the parties to trust each

other. If one does not respect the other, then trust deficit creeps

in. Nawaz Sharif and Zardari both have common agenda to

restore judges one way or the other, but they have a different

mechanism for the same thing.

There are many unsolved mysteries too where the public is not

aware of the true facts and public in not interested either. All

they want is their judges back to their seats very soon. The

PPP, being the popular party, will lose the trust of the people if

it backtracks from the issue. The country does not afford

strikes and collision between political parties and institutions.

However, the country does not afford either to live in an unjust

society, where judges act on the will of their masters. If free

and independent judges are not brought in then dictators will

come and go freely as they have been doing in the last 60

years. Zardari’s of our society will remain in jails without

given a fair trial for years, where no counsel will be present

from the other side. This is a society where highly supreme

constitutional matters are resolved in the court and where, for

the murder investigation of the twice Premier, we have to

knock the doors of the UN, where children of the elite have to

go abroad because they are not safe in their homeland and

politicians are exiled for years only because their presence in

their country does not fit in the rulers’ jigsaw puzzle.

The 160 million people of Pakistan ask the victim Zardari of

yesterday to save many Zardaris of future from this inhuman,

unlawful and unbefitting treatment so that they can think of

having hope for justice from deserts, villages of Sindh and

mountains of Balochistan or Kashmir. They want a society

where the incident of May 12 is not repeated, where judges are

not incarcerated for months without a charge. Self-respect has

no replacement and if the deposed judges are not restored at

this juncture, historians will write that in 2008 there was a

chance to stop military dictatorships once and for all in

Pakistan but one political partner fell victim to pragmatism.

One can only refer the quote of Hazrat Ali that an infidel

society can survive but not the unjust. The decision is yours.

Dated: 12 May 2008

Where is our parliament in all This

The economy is nose-diving in Pakistan. With load-shedding,

wheat and oil crisis, people of Pakistan are forced to take the

law into their own hands. We saw people burning the robbers

in Karachi shows indecisiveness in controlling the law and

order situation. We are in a crisis where anything can happen

as a result and whatever happens is not at all in control of the

human mind. It is affecting the interests of Pakistan. Those

who came declaring themselves the champions of democracy

are busy solving constitutional matters outside the Parliament.

Democrats, this time, seem to have made the parliament a

rubber stamp. The judicial crisis has not been resolved yet. The

deposed Chief Justice (CJ) Iftikhar Muhammad Chaudhry has

become very popular with the masses. Establishment is

confused waiting for further instructions. Police is unable to

enforce law and people seem to have no option but to do justice

by force.

The tapes are in the market spreading revelations about the

'schemes' to keep the Sharifs out of the election race. In these

circumstances - the long mach on June 10 of lawyers - have

hidden stings in it which are manifold. They may attempt to put

the deposed judges back in the Supreme Court (SC) by force

that may be counter-productive to invite a counter-coup by the

President against the parliament for its indecisiveness,

breaching their pacts and neglecting the economy. Or, at best,

military intervention to stop this unrest may end in the collapse

of the February 18 popular mandate of the people of Pakistan.

I for one feel that we all are bound to look after the best interest

of the state. If this uncertainty is allowed to loom, it can be

disastrous for the state in terms of the economy, politics and

society. As any constitutional package containing unpopular

clauses will hardly get to the stage of assent, at least for a year,

unless PML(Q) or PML-N supports, I feel lawyers as well as

the people of Pakistan are getting restless because of this hit-

and-run politicians who are delaying the restoration of the

judiciary. If they are unable to reach a consensus then there

must be some confidence-building measures to show their

commitment according to the circumstances.

Politicians supported Musharraf to get elected by abstaining to

vote instead of remaining in Parliament and getting a hero's

welcome on October 18 and issuing of a National

Reconciliation Ordinance (NRO) by the President who swore

to keep Benazir out at every cost. Though we all are passengers

of the same boat, and none have the exact answer, but I have

the following few suggestions for the legal community to

brainstorm in case the time comes for possible solutions:

a) The political clan may offer the deposed CJ to resign with

full political backing and invite him to be a candidate for the

President of Pakistan. He will be an ideal candidate to be the

President, carrying the symbolic support of the federation as

well as the civil society, especially after clipping the wings of

the President and turning it into a ceremonial status. The

argument in favour would be the justification of his position

once he is restored as his brother judges can do a better job in

the SC and he has done his bit (if he agrees).

b) The deposed CJ is restored after a resolution with an

executive order withdrawing earlier law secretary notification

immediately making him functional who takes charge and

decides the fate of the decision of November 3 PCO,

November 23, 2007 case of Iqbal Tikka Khan, and settle the

issue of post November 3 appointment of judges via full court

reference and issue guidelines. That will be an ideal solution

and the Parliament can bring constitutional package to sort out

the rest.

c) To start with, all the 59 judges must be restored to their

positions immediately by an Executive Order, making them

functional so that it seems that politicians are willing to settle

the judges' issue. Deposed CJ Iftikhar Chaudhry is allowed all

the privileges and protocol of the CJ in waiting and he is

allowed to rest until a consensus is evolved to restore him as

the CJ, i.e. viable mechanism based on realistic Constitutional

Package. In the interim, most senior judge of the SC is made

the CJ of Pakistan with an understanding that Justice Iftikhar

Chaudhry will take over once he is back. Justice Dogar and

others, who have taken oath are left on the mercy of the full

court of November 2 that decides what should be the course of

action about the best disposition of their taking-oath, early

retirement and reference to the SJC and the full court gives

guidance to deal with the other two categories, i.e., those who

were freshly appointed but have taken oath under the PCO and

those who were freshly appointed and have taken oath under

the Constitution of 1973 bearing in mind the earlier ruling in

Al-Jehad Trust case. If any post November 3 judge disagrees to

the restoration of the judges, his reference is filed at the SJC,

which decides the fate of the judge in question. Guidelines

must be given by the full court of November 2, 2007 to deal

with the three categories of post November 3 judges.

d) If that is not acceptable then judges' retirement age can be

extended to 75 as in the US there is no retirement age for the

judges. Justice Saeed-uz-Zaman Siddiqui along with the judges

likes Justice Wajeehuddin, Justice Nasir Aslam Zahid, and

Justice Mamoon Qazi of the SC, who were acting on the fateful

day of the issuing of the PCO in 2000, must be brought in to

make up the required number of SC judges as per Constitution,

which is 17. All those undesired judges by the fraternity can be

either given an option to resign, face possible SJC reference or

they can be made non-functional until their eligibility and

appointment is scrutinised by the highest court via full court

checking the validity of PCO in the larger interest of the

institution.

e) I know for the fact that the ruling camp would be dying to

restore and resubmit Article 209 reference against the deposed

CJ on the premises that the actual reference on facts has not

been adjudicated yet and restore the rest of the judges keeping

all the PCO judges too, which will be disastrous for the

independence of the judiciary drive and for any political party

to take this bitter pill. The public will not accept this onslaught

so rulers must be careful too. If we leave the November 2

judges to decide the fate and future of their brothers, it will be

best as the same would be the case in Pakistan army as the

Chief of Army Staff (COAS) will be left with wisdom, will,

choice and authority to do justice with his own Corpse

Commanders. We saw in the case of Lt. General Hameed Gul,

Lt. General Tariq Parvez or, at best, Lt Gen Ziauddin Butt no

executive interference, no summary trial and no adjudication

was ever seen by civilian authority.

I am sure these may sound hypothetical scenarios, however,

post June 10, 2008 Long March, these options will remain

available. Who knows where this movement leads. It is not

guaranteed that things will turn out as planned; the failure of

politicians to come up with the logical conclusion safeguarding

the larger interest of the state as well as institutions along with

avoiding collision with others will be a challenge for them to

solve this mystery. Otherwise, if anything goes wrong, they

will bear the blame and who knows, the lawyers and the

general public may flood the streets on that day, breaking the

famous status quo. The rulers must fear from that day that

public will hold accountability and will ensure justice and there

will be no billion of rupees tax-free meals at the public

expense. The public will demand accountability of all but

critics inquire where our Parliament in all this is?

Dated: 27 May 2008

Defeating the mind set

The people of Pakistan are elated by inching nearer to the fall

of General Pervez Musharraf. They are considering it the

beginning of a new era where the rule of law, constitutionalism

and justice prevails. They consider this as an end of the status

quo, dictatorship, and the rule of establishment. However, they

are hardly aware of the fact that General Musharraf was just a

pawn, a little piece of a big jigsaw puzzle. We are proud of

politically killing a person through the February 18 polls.

People felt the same at the fall of General Ayub Khan and

General Ziaul Haq and now they are falling into a trap with the

fall of General Musharraf. The nation needs to defeat that

mindset of a class that assumes a role to govern this 160

million people without any lawful civilian and constitutional

authority. It secures dubious authenticity sometimes in the

name of referendum and sometimes by the likes of Justice

Munir, Irshad Hassan Khan and Justice Abdul Hameed Dogar.

Our short history is full of these names.

The Matrix is laughing out loud as the people of Pakistan

consider Musharraf and Matrix two different entities now.

They will clap and distribute sweets if the Matrix enforces the

writ of the might again and restore the Chief Justice (CJ) which

politicians could not. Or people will clap if a few corrupt are

hanged for committing corruption. The people and redundant

politicians will welcome the very force if it comes out again

and sack the pawn. Pakistanis will consider it their victory. The

people will accept the verdict as a public demand if the

parliament is dismissed on the premises that it failed to respect

the popular mandate of ousting the President and restoring the

November 2 judges, thus making themselves defunct by

default.

This 50-year rule of establishment negating 'one man one vote

rule' curbed the independent judiciary and expansion of local

financial network which enslaved the nation to international

institutions like IMF which breeds lawlessness, violence,

hypocrisy and dictatorship of mind and heart, thus keeping the

nation poorer and uneducated. In these circumstances,

democracy is a dream that may never come true though the

country was built on this promise. And alas! We have learnt

nothing from the fall of Dhaka where one of the reasons given

was that when a soldier tries to be a politician he loses the

command of both.

Our rulers are not behind in creating this volatile situation too

as they are barren of conscience, principles. Politics is

merciless and in this ideal environment the Matrix finds new

faces every 10 years who are ready to bear personal oaths of

allegiance. This de facto scenario can only be defeated by

promoting good governance, normalised relations with

neighbours, economic revival, educational revolution and quick

justice with a system of governance where devolution ensures

services to the doorstep of the poverty-ridden people of

Pakistan; where landlords are replaced by the middle class. It

can only be achieved by sheer political will and sacrifice where

interest of an individual or party is sacrificed for the interest of

the state.

We have limited options. Still on top would be the joint

collaboration for a longer period, at least 10 years, of the

current coalition to work together as they represent federating

units and have roots in all the four provinces. By luck they

have Nawaz Sharif with an experienced had. The ruling PPP

must understand too that they have an enormous responsibility

on their shoulder and breaking the status quo requires sheer

understanding of the geo-political situation. That will require

working with the political forces. The second option could be

the force of lawyers. People have voted for constitutionalism

and if the force in the streets gets united then this grouping can

turn into a massive movement. In that case, though the status

quo might be broken, the situation will remain volatile as

judges are not trained to take political decisions. This new

lawyers' era may grab a lot of sympathy and power but their

target is just to restore the independence of the judiciary and

deposed judges

The third option is the realisation of the Matrix itself to enforce

constitutionalism amongst their ranks. Quaid-i-Azam in his

address of Staff College Quetta on June 14, 1948 said, "Never

forget that you are the servants of the state. You do not make

policy. It is we, the people's representatives, who decide how

the country is to be run. Your job is only to obey the decisions

of your civilian masters." This is an eye-opener for the

establishment to re-group and rethink their required loyalty to

state as required by Article 5 of the Constitution of Pakistan

1973 and pave way for true people's rule in the country.

I feel that time has come to offer that very oath of loyalty to the

state as referred to by the founder Mr. Jinnah to all secretaries,

Inspector Generals of Police, and all heads of institutions so

that rule of law, supremacy of the Constitution and justice

prevails in the country. If little late and the likes of May 12

groups will be seen all around the country where these

warlords carry their guns. That will be a situation similar to the

one in Somalia. There will be economic downfall. People will

fight to snatch and stay alive.

Pakistan is a dream-come-true. It requires understanding of the

sacrifices of those four million who laid their lives for a cause.

Enough is enough; the damage to its physical boundaries is

done; now people's representatives have a job to do. They must

realise the tenacity of the requisite task as public anger is

showing towards indecisiveness of parliamentary forces. The

Matrix of might must foster civilian rule in the country before

it is too late. As it stands, Matrix is looking right into the eyes

and asking when do you want us to come to run the state?

Dated: 02 June 2008

Allah, Awam, Military and USA

There is a fine distinction between ‘Yazeediat’ and

‘Hussainiat’ as the former enjoys the perks and privileges of

the power and the latter enjoys the wealth and warmth of love

and affection of the people. Hussainiat always walks tightly on

the right path and powerful on the outset seems victorious

however, historians write quite to the opposite in the years,

decades and centuries to come. General Musharraf who has

carefully crafted his wings placing PPP under NRO, Chief of

army Staff under a favour and Justice Dogar under the legality

sword of PCO with the patronage of United States of America

in a way that it seems he is under control from all corners. The

only thing important in any democracy is the mandate of

people which apparently is on the road being humiliated by the

very rulers who consider their inborn right to rule and always

come in Parliament to eradicate military dictatorship. Only one

thing can destabilise this arrangement is national demand of

free judiciary ! resulting public anger to bring a revolution

which may not be possible if there is a clear divide in political

forces which lack clear political will, as it has a tendency to

endanger federation. In these circumstances if the military man

says ‘ let there be an impeachment’ by Parliament, he must be

sure that there will be no support for that from political

quarters who are pro NRO and are after political reconciliation

in order to save and extend their rule by inches. Dictator is

smiling at the helplessness of Pakistani people advising them to

eat chicken if it’s cheaper than lentil. Public thought by giving

vote in 18 February 2007 election brought a silent revolution

and to their surprise it turns out to be an arrangement where

General Musharraf though disliked by all quarters but is being

saved by pragmatic reconciliatory political quarters who are

favouring his presidency on the name of ‘law of necessity’ and

he was even declared a ‘national asset.’ Their very voters

favours giving him an exemplary punishment for violating the

sanctity of the constitution like the British who hanged their

General Cromwell at a crossing after his death centuries ago.

Now lawyers are gearing up for the show of public outrage on

the lack of political will and non restoration of anti dictator

judges, and political forces funnily instead of joining this long

March will offer the juice and pilau rice to the agitators.

Situation begs the very question, do the politician truly wish

for the end of military rule and opt for independent, clean, non

corrupt judges?. Those judges will not stop short of issuing

declaratory judgements against any unconstitutional act where

judiciary will act as a buffer zone in between parliament and

military dictators. We have seen four periodical military

interventions in last 60 years only because of intentionally kept

a tame judiciary. The gloomy picture which turns out today is

such that though hated by all, but still General Musharraf is the

most powerful military ruler in Pakistan who has the backing

of NRO clan with concrete assurances, where army is on his

side, Justice Dogar is willing to uphold his exercise of 58 (2) B

and even has the capacity to indemnify any emergency

imposed by the New Chief in continuation of 3rd November

class act. So where do the people fit in all these arrangements, i

am afraid no where.. Pakistan is run like a corporate interest

where multi national companies invest and have stakes.

Politicians, Bureaucracy, judges, religious parties and above all

our top ranking royal military elite have invested heavily their

lives, time and money in this colony. Now all the rest is on

God as Military, Mullah, Awaami party and USA are all on the

side of a dictator. These parties take votes to chuck out the

dictator and in return on the name of the exit of the overall

dictatorship give the very military man 5 years who is the

cause of all this mess. All top former judges, Civil society,

Lawyers movement, ex military men, 30 former ambassadors

and those millions eligible voters currently favour restoration

of 2 November Judiciary by way of a resolution followed by an

executive order, however clear divide in two political rulers

may cause enormous damage to the state as negating the will of

people will be resulted in a downfall of the organs of the state.

Weakening Presidency by curtailing its powers sounds a good

idea in the long run to enforce ‘Charter of democracy’ in its

letter and spirit. However, ruling party devoid of the required

numbers in the upper house of Parliament is lulling themselves

to get it through if and when they get to that stage as the

country in such an economic mess that after a few months

things may go out of hands of even General Musharraf who

may be sitting eyeing on the economic decline to make a basis

of their dismissal. Public only punishes who came directly on

their votes making promises and high claims as public does not

go after dictators, but deal severely with their collaborators as

they did with the league of Q. 3rd November emergency is an

act of desperation of a man who was losing public support

against all the free thinking people of Pakistan and in particular

against a new born ‘gini’ of ‘media.’ He himself takes credit of

liberating it. He did not realise that in any democracy, there is

ups and downs, however he was of the belief that he is there to

live forever. This tendency is similar to that of Pharaoh,

Pinochet, Hitler, Stallin and so on, its an endless list and the

end is the same. But in the end the name of God shall live and

its public which rules. General Musharraf must pay heed to the

angry intelligentsia as well as commoners of Pakistan and must

submit to the will of people which is akin to God’s voice

before its too late. The angry segment of society if comes in a

wave may take many things along with it and Parliamentarians

who have shown callousness towards a genuine public demand

may have to pay the price for their rude indecisiveness if the

masses decides to restore the judges themselves and sought

punishment for the dictator akin to a style we witnessed in

Karachi where mob set fire the robbers who are caught red

handed. Corrupt ruling class devoid of merit intending to

pursue thieves who robbed in last 8 years after getting pardon

certificate for themselves is painting a bleak picture of their

passion for true democracy, rule of law, accountability and

justice as time is running short and public may never believe

the same people to decide for them in Parliament as once bitten

twice shy.

Dated: 09 June 2008

Lost opportunity

February 18 elections in Pakistan put politicians of opposition

in a position to invoke parliamentary sovereignty, independent

judiciary, and civil rights hence setting their targets of a shared

goal of Pakistan as a welfare, democratic, progressive and just

society. The loss of Benazir Bhutto and the indecisiveness of

her successors in the decision-making have halted the whole

political system. We are progressing day by day towards

strengthening the dying regime rather than finishing them with

the power of coalition in the early days of Parliament. I thought

the mandate required them to do certain action(s) within days

of the inaugural session of the parliament. Things they were

professing in their Charter of Democracy (CoD) were

unachievable unless both liberal and conservative forces

worked in alignment to achieve the reversal of the 17th

Amendment, restoring the November 2 judiciary, ending

military dictatorship of October 12, and putting barricades in

the way of future mishaps. But question arises who will bell the

cat?

Our military is not under a civilian rule by any standards. India

and Bangladesh learnt that lesson and brought promotions of

Major to Colonel under the civilian government. However, our

top army elite is only responsible to the Chief of Army Staff

(COAS). The COAS is under the Constitution answerable to

the elected premier, though in reality he is all in all. In

Pakistan, the Pentagon-GHQ relations are much stronger and

have a long history as compared with that of our politicians.

These bilateral military relations give the Pentagon an

opportunity to meet our future commanders. They

inadvertently mentor the future leaders of Pakistan and have

their views known to their assessment bodies.

At the same time, they are playing the stick and carrot

approach with our politicians who are always under the cloud

of accountability for their mal-administration as Paul Henry

Nitze hinted that USA prefers to deal with military in the

longer run and handle the politicians with accountability which

remains hanging on their heads.

This nexus, which is running fine for the US as well as

Pakistan, cannot easily be broken unless our political clan

understands it fully, ready to work for the country and in a

coalition for a longer time taking the top army leadership into

confidence. It entails many dangers too. The fate of two

Bhuttos, Liaquat Ali Khan, and Nawaz Sharif is before us all.

Pakistan was made to attain high morals and ensure self-

respect. We are running short of all these despite the fact that

the country has the potential to rise individually, though not

collectively yet. Democracy cannot fit or survive in a society

where the mindset is ripe for dictatorship. The political class

made General Ayub Khan part of the cabinet in his uniform

despite the warning given by its founder, Mr Jinnah, about the

aspiring General and the same neglected the mandate given in

1971, thus, losing one limb and with it all chances of viable

democracy.

Pakistani elite & establishment are never ready to accept the

verdict of the people. Any adjudication on merit and justice is

extinct in a society where four Prime Ministers have been

removed from the scene without any just trial of facts. Political

parties never regrouped, and if they ever do by luck, they

periodically lost their leaders, thus making bigger parties

leaderless or confined to its strong holds. It has truly become

an experiment ground at the hands of a clan who knows no

boundaries and has limitless authority.

Dictators pitch the story that they always come to save the

country and always returned halving the remaining part, and

the country as a nation could never learn from their mistakes

identified in Hamoodur Rehman commission. In fact, we close

our eyes on incidents like May 12, Benazir’s death, sacking of

Judges on November 3, and attacks on Pakistan’s security posts

in tribal areas.

We are part of a war on terror in which other states are

contributing too. Turkey refused a package of 35 billion and

preferred to deal with the issue through Parliament. They

concluded that they could not decide an issue that has far-

reaching repercussions for the generations. Bangladeshis

intelligently got all their debts wiped off in exchange of their

support for this new ideology and their 2008 budget is in

surplus as compared with Pakistan, which is trailing in around

10 billion. Our supreme leader caved in and offered ‘unstinted

support’ for a drive that has fatal consequences for us in years

to come and it will haunt us for decades.

Our politicians cried out loud from exile and prisons that they

will work closely to make parliament sovereign. The most

controversial and highly sensitive matters have yet to be

presented in the parliament, though the army chief has been

armed with the power to call shots without a debate in

parliament, the power that rests with the prime minister.

This uncertainty is the asset of the ruling government that will

be their charge-sheet too when they are sacked. Their negligent

quietness on national matters will cost the drive for the rule of

law, and in return longer military regimes will be our destiny

for which, this time, people may not be blamed. They came out

and voted whenever asked, as opposed to our politicians who

failed because they joined military dictators when it suited

them. They passed the 17th Amendment, and got Generals

elected for presidential post in uniform. They will do it again to

prove Paul Nitze right about Pakistan.

The nation will have to work heart and soul. Drive for the rule

of law and constitutionalism is an anti-dote of Paul Henry

Nitze’s theory on Pakistan. The historic event of March 9,

2007, is potentially a turning point in the country’s short

history. Pakistan’s leaders are now at a crossroads. The

Pakistani society on the whole, including lawyers, judges, civil

society and media have a very important role to play to make

Pakistan a country akin to a ‘dream come true’ — a democracy

where the rule of law, rather than military rule, holds sway.

Dated: 14 July 2008

Old don, or a new dawn for Pakistan

President Asif Ali Zardari, despite all reservations and his past,

was elected by the parliament on September 6, 2008. It is, no

doubt, a good sign for democracy that the opposition

legitimised the show by participating in it and later whole-

heartedly accepting defeat. Congratulations to Mr. President!

Let bygones be bygones and restart a new chapter in Pakistan

with the aim of parliamentary sovereignty, rule of law, and

economic alleviation in the country that is at the verge of

institutional and economic collapse. The job that requires sheer

wisdom and consultation may not be completed if the President

does not take himself above his party interests and ventures to

work jointly as envisaged in the Charter of Democracy (CoD)

by his wife Benazir as working single-handedly may not

remove the dark clouds on the system that carries with it a

history of four decades.

I foresee four main issues that may take him from five-month

to five-year rule. First of all he should be impartial as his job

requires him to treat all equally by genuinely promoting the

cause of federation and allowing healthy opposition by

invoking the idea of issue-based constructive politics. If he can

agree to disagree and allow this principle to be digested by his

party and the political class in general, it will evaporate the

politics of 90 and will promote tolerance that is in deficit in

Pakistan. It will also strengthen the civil system and continue

the political process. He must also consider giving his party

position to his sister or sister-in-law while he is the head of

state, of course, with due consultation of his party, to make his

symbol of Federation.

Secondly, the most important issue is Pakistan’s foreign policy.

I believe the determination of limits of Pakistan’s role in the

war on terror will be very crucial. He must take Parliament and

security apparatus in confidence in order to advance Pakistan’s

due and lawful contribution in this global exercise while

keeping Pak sovereignty intact. Musharraf’s tacit

understanding, which has no parliamentary backing, will not be

acceptable now and any ‘double crossing’ will counter

productive. So, he must make it clear on the outset that no

access, either to nuclear or our rear tribal areas without

Parliamentary approval and security clearance, is acceptable.

If aid emphasis remains on the US then the shopping list will

come with it and trade preference will vanish so his

government needs a clear priority on state integrity, controlling

inside security and flourishing economic activity. Thirdly, the

judges’ issue will remain a bone of contention in his

governance if not settled amicably. I am sure he can work on

bigger issues of repealing the 17th amendment, implementing

the COD and economic revival if judges are restored in

accordance with his own declared agreements with his

opponents. I am not sure whether he is acting like Nehru or has

been transformed like him but his credibility will depend a lot

on how he settles the judges’ issue.

The way he has so far managed to divide judges, pulled out

pro-PPP lawyers from the movement and finally has capped

the long march show his capacity and management skills.

However, dishonouring the whole struggle may not leave any

judge in future for the so-called war of independence of the

judiciary and sovereignty of Parliament in the event military

comes in future. So, despite having reservations on any

particular judge by the PPP, saving the original principle is a

genuine and national cause. Iftikhar Chaudhry, no doubt,

carries the support of the people for his resilience against a

dictator since March 9, 2007 their restoration will create a

serious obstacle in the way of a military intervention in future.

Fourthly, the issue of the popular slogan of ‘Roti, Kapra aur

Makan’ to ease the suffering of the ordinary people of Pakistan

is only possible if Mr. Zardari’s government could get out of

the economic mess. When there is an international food

shortage and recession looming over nations’ heads, and

Pakistan’s budget trailing in 10 billion, there is not a lot of

economic activity one may initiate. It’s agreed that his

government may not be able to feed the millions who are living

below the poverty line, but historian will definitely forgive him

if he rebuilds basic structure from where services are provided.

That is possible by building hospitals, employment bureaus,

educational establishments, and providing justice for all. If this

nation is healthy, happy, and educated, and is treated equally,

then they will find a way to contribute constructively in their

own right.

Finally, a word to the new President; complacency is a very

dangerous thing in politics. When General Musharraf took over

on October 12, 1999, Mr. Sharif’s premiership had a two-third

majority. His own party supported the President, his brother as

chief minister, and he had governments in all provinces,

including his speaker and chair of senate but we witnessed that

a junior ranking military officer implemented the orders of his

seniors by pointing a gun on the Prime Minister and his own

appointed COAS. The lesson from it is clear and unambiguous

that politicians at once should initiate the work on COD to

avoid a similar situation.

Absolute power is nothing. The key to save the system is in

partnership of civil and military and collective collaboration of

political forces until we are out of the real threat of war. We

wholeheartedly welcome the President you for being duly

elected and he has a chance to either change the history from

here onwards and stop the future of military dictatorship in

Pakistan or become a victim of history yet again. He can either

be a villain, a don of yesterday, or be an originator of a new

dawn for the poverty-ridden, institutionally weak, segregated,

and traumatised Pakistan. The decision is his and Benazir will

be watching over him with a great interest.

Dated: 07 September 2008

Presidential speech: a critical analysis

The September 20, 2008, ‘landmark’ presidential speech to the

joint session of the Parliament was overshadowed by a quick

reminder of the scourge of terrorism in the form of an

explosive terrorist attack at Marriott Hotel, Islamabad that took

over fifty three lives where several were injured. The

condemnable attack highlighted the kind of danger Pakistan is

facing, the war of top security agencies in the region and on its

soil, and the loss of many lives and families that are

unaccounted during this on-going struggle. So far, no one has

found the right key to success in this onslaught. Pakistan is

caught between a rock and a hard place; on one side is the US

anger over poor performance and on the other side are the

jihadists who express themselves by hitting targets.

Now coming to the speech, the president however, has

successfully replaced the Presidential slogan of Musharraf’s

‘enlightened moderation’ to that of Zardari’s brand of ‘national

reconciliation.’ He practically tried to exhibit his genuineness

with a gesture to approach Nawaz Sharif, the opposition leader

sitting in the gallery that warmed many of his critics though he

did not openly give any major concession in his address. In

response, though, a calm Nawaz once bitten desired for a

concrete practical steps rather than words to reform Parliament.

Looking at the positives of his speech, he has shown his

willingness to continue with General Musharraf’s

commitments with the US on the war on terror, if not more.

However, he has exposed cleverly a possible retaliation from

the army and resilience from the general public which is anti-

war and tribal invasion.

He has also sought time to sell the idea to his people that it’s

their war and not of the US as he is reminded that if he acts

quickly, he will be adding to the popularity of hard-hitting

Sharif who can pocket all conservative votes without doing

anything, which he would not wish at all. So, he managed to

stall his action on major issues rather than announcing it

boldly, and instead delegated it to parliamentary committees

that may take months to have a full debate where his party will

have a control over the ‘on’ and ‘off’ button. He has escaped

without calling off any military operation in Fata and did not

have to condemn or affirm US policy of July to attack

Pakistani areas unilaterally and just reiterated what army has

said earlier in their press release.

So, by default, his wife’s policy statement on Fata giving

access to US military and access to IAEA to scientist Dr Khan

still stands. He did well by condoling the death of his brother-

in-law Mir Murtaza Bhutto, the son of late Zulfikar Ali Bhutto,

though he was implicated in his murder by his family, and he

managed to praise his wife’s sacrifice due to which he is at the

top office that inspires many of his party loyalists for his

humility. He has shown his desire to resume talks with India,

with some confidence-building measures coupled with a new

liberal visa regime plus formation of another committee of

parliament on Kashmir to discuss its future and matters relating

to Indus Water Treaty between both the countries.

He has acceded to the proposal of the ANP, the long-awaited

name change of their province to ‘Pukhtoonkhwa’. Overall, he

escaped perfectly by forming Parliamentary committees on

almost anything and everything and avoided giving any

concession on what does not matter to him.

Now if we look at the other side, he has not said a word on

setting up any enquiry or a commission to investigate

independently his wife’s death, Akbar Bugti’s killing, May 12

massacre, action on the Red Mosque, November 03 coup on

the judiciary, indemnity or trial of outgoing dictator and, above

all, the fate and future of Dr Qadeer Khan.

In fact, he managed to escape any commitment to restore the

Chief Justice (CJ) Iftikhar Chaudhry to the November 2

position as per his agreements of March, May, and August with

the opposition party and vowed to restore the judiciary in

accordance with the law and 1973 Constitution. There was no

word on how the fresh judges will be appointed in future.

Judiciary remains a pivotal point of disagreement between him

and the opposition and he managed to stick to his guns.

His three-pronged strategy may not work in the presence of jets

flying and missiles coming through drones in his areas. He has

not given any line of action how to advance trade, and relieve

the poor people and bring the economy back to its feet in the

wake of looming international recession and food crisis. He has

also managed to avoid the question of handing over possible

accused to the US for interrogation without a treaty to

exchange prisoners and no policy statement on missing persons

or Dr Afia Siddiqui.

Above all, he has not announced to bring back the Constitution

to that of October 12, 1999 position as agreed to by his wife in

the Charter of Democracy’. Instead, he has delegated it to a

Parliamentary committee opening up an avenue of negotiation

to give and take on the issue of legalising the provisions

introduced by the Musharraf regime on November 03, 2007. I

believe in the committee discussions the question will be up

that power to dismiss the parliament Article 58(2)(b) will only

be scarped if the ratification of Musharraf’s acts are secured,

thus safeguarding the notorious ‘National Reconciliation

Order’ (NRO).

He has failed to give a concrete policy on how to tackle

unilateral attacks of the US. He vowed not to give permission

but they already have violated territorial integrity in violation

of Article 2(4) of the charter of UN in the absence of any

Security Council resolution but he did not elaborate how he

would like his government to tackle their future assault in this

international crisis. In camera session on national security may

be a good step towards member’s awareness on the core issues

but if the leadership lacks political will and courage, it will turn

out to be a frightening exercise to tame the border liners.

In short, Presidential speech is a good mix of his desire to hang

on to power and continue to believe in the Charter of

Democracy on which he may like to start full implementation

in the latter part of his five years tenure. His practical steps on

CoD, judicial independence, Parliamentary sovereignty and

Pakistan’s role on US policy on war on terror will determine

his government’s performance and the level of cooperation

from his opponents and from those who matters in this arena.

At this very moment, he and his government have a mountain

to climb. Only concrete steps and physical performance not

mere words, will determine how far he will go.


Hashmi is a new victim

Mr Hashmi the resident leader of Nawaz Sharif faction of

Pakistan Muslim League was arrested under the certain

sections of Pakistan Penal Code.

He had already expressed his fears that he may be charged with

‘high treason’. It is ironic that article 6 provides the provisions

and makes it an offence to conspire against our system of Govt

and details procedure how to deal with it but the offence is

being committed again and again and we have yet to see a

maiden trial and conviction on merit. Article 6 of the

Constitution of Pakistan says, ‘(1) Any person who abrogates

or attempts or conspires to abrogate, subverts or attempts to

conspire to subvert the Constitution, by use of force or show of

force, or by other unconstitutional means, shall be guilty of

high treason.’

The one who created this provision was hanged by the person

who first breached that provision and second attempt was made

on the leader who gave Pakistan atomic and economic strength.

In the past Army Generals frequently and continuously showed

a blatant disregard to Art.6 of the Constitution of Pakistan

1973. Whenever Martial Law was declared post 1973 Act,

military dictator tried to cover their acts by pre bargaining and

getting their illegal acts affirmed by Parliament before it started

its work, thus avoiding any prosecution on art.6 basis.

As the matter is in court now and the official charge sheet

against Mr Hashmi is yet to be seen it is the voice of

democratic circle that the Government should release him and

produce him in Parliament as quickly as possible to avoid any

chain of unstoppable events which will not be in public and

national interest.

Secondly, Art 6 had not been used effectively in past against

those persons who abrogated and suspended the Constitution of

Pakistan 1973. It will be strange and the issue of 12th October

1999 will surface again in debating circle whether the

implementation of law is discriminatory or whether we are

keeping our eyes closed to that of blatant disregard of the rules

and regulations of the country which are polluted by its own

protectors. If as we hear Mr Hashmi is charged with high

treason the following clauses are being recited by Government

circles, S.124, 131, 471 and 500 of PPC. The sections of PPC

(The Pakistan Penal Code 1860) which are used against Mr

Hashmi are as follows: Section 124-A, “Whoever by words,

either spoken or written, or by signs or by visible

representation, or otherwise, brings or attempts to bring into

hatred or contempt, or excites or attempts to excite disaffection

towards, the central or Provincial Government established by

the law, shall be punished with [imprisonment for life] To

which fine may be added, or with imprisonment which may

extend to three years, to which fine may be added, or with fine.

However, comments expressing disapprobation of the measure

of Government with a view to obtain their alteration by lawful

means or comments expressing disapprobation of the

administrative or other action of the Government do not

constitute an offence under this section provided the above

mentioned elements in the section are not present.’

Section 131, “Abetting mutiny, or attempting to seduce a

soldier, sailor or airman from his duty; Whoever abets the

committing of mutiny of an officer, soldier, sailor or airman, in

the Army, Navy or Air Force of Pakistan, or attempts to seduce

any such officer, soldier, sailor or airman from his allegiance or

his duty, shall be punished with imprisonment for life, or

imprisonment of either description for a term which may

extend to ten years, and shall also be liable to fine.

Section 468, “Forgery for purpose of cheating. Whoever

commits forgery, intending that the documents forged shall be

used for the purpose of cheating, shall be punished with

imprisonment of either description for a term which may

extend to seven years, and shall be liable to fine”

Section 471, “Using as genuine a forged document.‘ Whoever

fraudulently or dishonestly uses as genuine any document

which he knows or has reason to believe to be a forged

document, shall be punished in the same manner as if he had

forged such document.”

Section 500, “Punishment of defamation. Whoever defames

another shall be punished with simple imprisonment for a term

which may extend two years, or with fine, or with both. Apart

from these sections, the Constitution of Pakistan 1973 gives

right to speech and freedom of expression.”

Any words against army or other departments by a

Parliamentarian or several Parliamentarians who may rank in

opposition are not as damaging as much as the arrests as a

result of it and the drama which continues after it. God Willing

Pakistan army is not that weak that it will be moved by the

words of one Parliamentarian and or slogans of opposition and

its criticism. In fact, it is so strong that it faces and fights its

enemy which is twice bigger and resourceful than itself. Only

actions taken on the name of army especially when the country

is in transit from military to democracy create bad publicity

and reputation itself.

The allegations made against Mr Hashmi may also be

challenged under international instruments such as European

Convention on Human Rights. Article 10 of the European

Convention on Human Rights 1950 provides, “ Everyone has

the right to freedom of expression. This right shall include

freedom to hold opinions and to receive and impart

information and ideas without interference by public authority

and regardless of frontiers. This Article shall not prevent States

from requiring the licensing of broadcasting, television or

cinema enterprises.”

This right is similar to that of article 19 of the Constitution of

Pakistan. Art.19 says, “Every citizen shall have the right to

freedom of speech and expression, and there shall be freedom

of the press, subject to any reasonable restrictions imposed by

law in the interest of the glory of Islam or the integrity, security

or defence of Pakistan or any part thereof, friendly relations

with foreign states, public order, decency or morality, or in

relation to contempt of court, (commission of ) or incitement to

an offence.”

Though freedom of expression right is not absolute and carries

some restrictions with it but it is a vital right as far as the

Political activists are concerned. This is the only tool which

enables them to express their opinion and give a summary of

the activities of the Government and finding faults in their

work. Seeing government machinery advocating for Hashmi’s

arrest on high treason charge is not only ironic but unfortunate

for the people of Pakistan as the regime lacks legitimacy and

cronies of so called ruler have no hesitation to charge, arrest,

detain and try on ambiguous and mala fide allegations of those

who threat their regime politically. On grass root level the

reality is neither changed not it can be changed, political

decision making is the right of the people chosen by people

who are working for the people. The whole government

machinery is missing that point in Hashmi’s case.

Hashmi’s trial is yet to be seen but one thing for sure that as we

do not know when and where this trial takes place but this trial

will start the chain of events which will not restrict and limit to

only this trial. Several trials and prosecutions will come as a

retaliation or revenge as governments come and go and shuffle

is part of this game. But only People of Pakistan are the main

sufferers in this ping pong. Sooner we realise the better we try

to normalise the situation and return to democracy and give the

power where it belongs to ‘the people of Pakistan’.

I am sure Sharif’s circles are closely watching this

development and must be advising their aides to use their in

born right of expression with care as they need their team to

carry on their struggle and what people witnessed in

Manchester in October 2003 the re-emergence of PML leader

Shahbaz Sharif must have worried the higher circle as well.

Politics is a game of magic as when the wave of people comes

no ruler could ever stop it and this time when people truly

emerges ad expresses their dissent then these charges and

convictions stand or not is one thing but whether rulers can

stop that wave is the other thing which we have yet to witness.

Rule of law has its own price and at this moment Pakistan

needs a ruler who can make rule of law a distinctive feature of

his governance and initiate a ruthless accountability process

which include judiciary and military as ‘all citizens are equal in

the eyes of law’ and he must eradicate all the evils in civil

society and ensure justice at the door step of a common man.

Only fair, faster and firmer justice can ensure that no one dares

to breach the core essence of Pakistan’s constitution. We need

a strong system not couple of sham convictions to deter

political activists.

Dated: 31 October 2003

Legal frame work order

In this article, I would like to highlight some constitutional

flaws developed by the recent amendment as per ‘The Legal

Framework Order 2002’, in short L.F.O. The ‘Constitutional

Philosophy’ has two main features ‘Basic Structure’ &

‘Circumstantial Structure’.

The Basic Structure theory consists of the ‘Sovereignty of

Parliament, Separation of Powers, Independence of Judiciary &

The Supremacy of Constitution’ itself. The Legal Framework

Order is based on the Supreme Court decision of Zafar Ali

Shah Case, authorizing the Chief Executive to make any

amendments in constitution. That decision is against the “Basic

Structure theory’, delegating or authorizing with those powers,

firstly which, the Supreme Court itself does not hold, secondly

which are against the Sovereignty of Parliament doctrine.

Coming to the Legal Frame Work Order itself, it clearly

ignores the concept of Basic Structure Theory. The two bodies

created by the Legal Framework Order are against the concept

of Sovereignty of Parliament.

The Mediation Committee, created by Provision 10 of Legal

Framework Order (added as Art.71 in Constitution), to

formulate an agreed Bill if any dispute emerges on the passing

of a Bill between the two Houses of Parliament. Rules’ making

for the conduct of the Mediatioin Committee is in the hands of

the President, Speaker National Assembly and Chairman

Senate. Such institute is not only contrary to the idea of

Separation of Powers but it can also dilute the powers of the

elected House.

Second critical body created by the Legal Framework Order is

the National Security Council. The L.F.O provides that the

National Security Council shall consists of Prime Minister,

Chairman of senate, Speaker of National Assembly, Leader of

opposition in National Assembly, Chief ministers of the

Provinces, Chairman Joint Chiefs of staff committee, the

Chiefs of staff of the Pakistan Army, Navy and Air force. The

President shall act as the chairman of this Council. The

function of this council is to be consulted on the strategic

matters pertaining to the sovereignty, integrity and the security

of the state and on matters relating to the democracy,

governance and inter provincial harmony. The drawbacks of

such structure of the National Security Council are that the

Politicians will be in majority as opposed to the five serving

personnel of the Armed Forces with President, nullifying the

‘Checks and Balance’ theory. Moreover in reality the

politicians will be able to create a back door in the Armed

Forces, as if any disagreement created between the Armed

Forces personnel on certain issue of the National Security

Council. This may have disastrous effect on the discipline and

the unity of the Armed forces and may affect country’s defense

in general. Another drawback of such setup is the less

democratic accountability of the National Security Council

decisions, as it is not answerable

Other provisions of L.F.O are also contrary to the Basic

doctrine of the Constitution like highly discretionary powers of

the President to dissolve the Assembly. A new concept of

‘Consultation’ with the Prime Minister, giving a leeway to the

President’s unfettered discretion, Re-Oath of the Judges,

validation of laws etc.

Any lawyer, law maker and protector of law in a true

democratic structure will cry out that Only parliament alone

can approve this L.F.O as any effort to make L.F.O part of

constitutions may be declared null and void by courts at a later

stage when Pakistan fully comes out of military rule.

Parliament may have to redo the whole thing again.

There are some requirements of transition from military rule to

democratic rule but those requirements does not include the

punishment to the Pakistani people who are already poverty

ridden in the shape of taking away its representative’s right to

decide for its people and amend constitution if it is in the best

interest of the state and its people by two third majority. one

way or the other LFO will have to go before parliament to have

its validity.

When Supreme Court gave its decision, it was under oath of

PCO. it is quite possible that the decision would have been

different if the judges were not under oath of Provisional

Constitution Order and the military action was being looked at

suo moto. Supreme court of Pakistan could have avoided all

these actions if it had taken suo moto action on the day of the

12th October when General Mushraf assumed his office as at

that time the issue could have been only to scrutinise PM ‘S

powers and the way that power was used to dismiss the COAS

(Chief of Army Staff). In that case SC could look at abuse of

power and procedural impropriety in the way the power was

used and thus nation could have been spared to see the

wholesale of unconstitutional trail on which historian will write

for months and people will suffer for decades.

It is the requirement of the time to rectify such tremendous

constitutional error and avoid any immutable Precedent. The

Solution is that the Elected Assembly should scrutinize every

single provision of the L.F.O and approve with the required

(2/3rd) majority, only those amendments which, do not damage

the constitutional doctrine of the ‘Basic Structure’ and shall

strike down all those parts of L.F.O which are contrary to the

Basic Structure of the Constitution. Time and tide wait for

none and still Pakistani nation and military regime has time to

put it right.

During 2nd World War Churchill once said that if his courts are

free and giving justice to common people then he is not at all

worried of any wars. Similar quotation can apply to us, and it is

food for thought.


Black days need to be over

October 12, 1999 will be remembered by legal minds as ‘black

day’ in the history of Pakistan, on that day a military man once

again broke his vows of loyalty and faithfulness to state, its

laws and its Constitution thus committing a crime under

Article 6 of the Constitution of Pakistan which says, ‘(1) Any

person who abrogates or attempts or conspires to abrogate,

subverts or attempts to conspire to subvert the Constitution, by

use of force or show of force, or by other unconstitutional

means, shall be guilty of high treason.’

17th amendment though was not accepted by ARD but resumed

the democratic train in a form and shape which Gen Musharaf

personally crafted keeping in view his personal interests.

Uniform was the only yardstick by which public could measure

whether he is trustworthy and has no self interest. Gen Zia did

the same, but at least 8th amendment constitutionally gave him

safe exit of wearing the uniform for limited period and so when

Pakistan went to civil government after 85 elections it was

back on constitutional track, though not ideal.

However, by presenting the ‘Uniform Bill’ military ruler has

exposed himself once again and it shows the sheer lust of

power which is against the vital interest of democracy in

Pakistan. If Pakistani public at this juncture accepts a military

man in Presidential slot in uniform then we will be sending

Pakistan behind in decades where return to normality

Pakistan is made for the people of Pakistan to have a

Parliamentary form of system of Governance, fair justice,

independent electorate system, free information and

perseverance of Islamic ideology of the nation upon which our

forefathers built this piece of land called ‘Pakistan’. Our hearts

go with it, our prayers start with it and our ambitions are with

its growth and success.

However, Musharraf regime controversially not only ousted

duly elected Government but also caused damage to the

judiciary by removing then Chief Justice Mr. Siddiqui and Five

Supreme Courts judges after they refused to swear a fresh oath

under the new Provisional constitutional order enforced by the

military following the coup. His regime further on January 17,

2004, repeated the similar incident for which former Prime

Minister was tried and sentenced, a plane carrying Tehmina

Doltana a senior Muslim League (N) was diverted against its

participants will towards Peshawar. It resulted that senior

Muslim League figures were deprived the opportunity to take

part in their protest in the Parliament against the speech of a

serving General who has taken vote of confidence as a

President of Pakistan. They wanted to protest that for one

single human being, the whole Constitution of Pakistan is

halted. Art 63 clause which prohibits a serving Government

officer to take Constitutional position is suspended till 31st

December 2004 as a result of MMA, Q league agreement.

Accountability was used as a tool of revenge, current regime

shouted a slogan like Mr Bush, ‘if you are with us, you are a

rewarded (can be a Minister) and if you are against us God

save you (you are sentenced to rigorous imprisonment).’

MMA though sat in National Security Council but now falling

out as they realised that they have been conned by the brokers

as who will stop who for breaching what was settled against

the letter and spirit of Constitution of Pakistan. The whole deal

now seemed a ‘set up’ and MMA leadership are well aware of

it and reluctantly ready to join ARD in their protest against the

changes made in Constitution by military ruler.

Pakistan is without the popular leadership of the country and

rulers are not amongst the public of the parties commonly

known to nation and familiar with the problem country is

facing. Justice can not be done by sitting behind closed doors,

and political machinery can not be activated by remaining in

bullet proof Mercedes cars and by remaining behind ‘Moghal

style’ buildings. Democracy is a people’s government and

people wish to see their rulers amongst themselves at all times

and that is their accountability.

Pakistan is facing a worst crisis since 12th October which is that

the puppet machinery of executive have failed to change the

state of a common man, justice is far away to be seen to be

done, poverty is still rising day by day, and it turns out the each

bill is presented in the Parliament for the betterment and

benefit of one man, no one other, but General Musharaf.

Pakistan strategically facing hardships as its armed forces are

fighting the enemy within, Wanna crisis has taken away very

many lives and solution is none other but political negotiations.

Brother is killing a brother on the name of ‘terrorism’.

In these circumstances common man will suffer more when

Commonwealth and European Union which allowed Pakistan

to sit in their forums will turn their backs on them as it has not

fulfilled the wish of the Parliament as per 17th amendment,

wish of majority of people and it seems obvious that

Democracy was a ‘sham’ if General remains in Uniform on 1st

of January 2004. If Pakistan once again is suspended from

these forums, it will be a further loss to the state and its

people.

Now that MMA-ARD and other smaller parties are up and

running for major protests in early January and its time for the

man himself to come forward to let Pakistan remain on the

road of democracy, shed uniform and allow the leaders of

Pakistan and people of Pakistan to take Pakistan towards the

road to success. A fresh election under the supervision of

independent and trustworthy election machinery where all

leaders of majority political parties participate can pave the

way for democracy and development in Pakistan. However, in

the absence of compromise by the military man, unforeseen

powers have to act the way they act in similar circumstances,

and will the interest of Pakistan be best served then? Its any

body’s guess.

Dated: 02 December 2003

Sharif’s exile of 6 years

Sharif’s completed their 6th year of exile on 9 December 2006

and they are currently continuing their struggle for military free

real democracy in Pakistan. Pakistan since the formation of

1973 constitution has seen 2 military Coup’s and none has

delivered anything to Pakistani people and in fact, dictators left

leaving behind ruins but never admitted their mistakes. In 1971

during Yahya’s reign we lost East Pakistan and Bangladesh

emerged due to ruler’s unfair policy of not sharing power with

them. We did not learn any lesson and ‘Hamood Ur Rehman’

commission report was hidden for decades. In General Zia’s

regime we lost ‘Siachen’ and acted as hired guns against

Russian aggression, we continued the same when General

Musharaf was playing on the flute of his masters becoming

party to killing of thousands of Muslims in Afghanistan on the

name of so called ‘war on terror’. Neither brave General

Musharaf’s ‘Kargil’ mystery is resolved nor could he conquer

‘Dehli’ in his 7 years unlawful rule.

General Musharraf came to power to bring about true

democracy and rule of law. His 7 points agenda is all in tatters

and his good governance is sacrificed on the alter of scandalous

government which has land mafia, sugar and cement crisis, oil

price hike, steel mill reference, stock exchange crash, Nabbed’

ministers and incidents of ‘Bajaur is one of hundreds of

unfinished and achievements of which each one of them is

worthy of shame. A common man fears that if permitted these

rulers will not hesitate to sell Mangla Dam for a potential

housing scheme as they are on ‘hit and run’ policy because

their political days are numbered and only true Parliamentary

democracy is the future of Pakistan.

Musharaf bitterly failed in achieving what he himself offered to

nation. Kashmir is still in turmoil, Qadeer Khan is made an

escape goat, industry is ruined and investor is scared,

Provincial harmony slogan has witnessed ‘Akbar Bugti’s

killing, and services have not reached to lower level but

individual has and this devolution is weakening the cause. In

order to continue his unlawful rule, judiciary is weakened

further and Chief Justice Mr. Siddiqui was made to go home

without reason and oath under PCO hit the nail aright and

judiciary lost its teeth thus his claim of cheaper justice at the

door step of common man was gone out of the window, now it

is the face saving exercise. On the name of enlightened

moderation, a youth is given an illusionary direction where

Indian culture is already all over and the results are disastrous,

a common man is in a fix his dream of having a respectable

living in a just and democratic society is still far from reality.

General Musharaf promised to shed his uniform by 31

December 2004 which was not kept as well as, he continued

his rule by becoming President himself. His NAB did not touch

the one who took refuge under his wings however; opponents

were grilled as state enemies.

His claim to have earned millions for taking part in War and

handing over culprits to US is open for challenge when

Pakistan’s deficit is growing faster and difference is amounting

to 10 billion. SC decisions are mocked and common man is

committing suicide as there is no self respect and no

respectable living, we are victim of brain drain as all middle

class top students are attracted for H1 visas or HSMP migration

to USA, Canada and Europe and working hard to serve foreign

countries. Now this is the horrid picture of Pakistan painted by

current rulers where transparency has graded the country on

142nd number in corruption and it is in top 30 corrupt countries

and the level is over 60% higher than any political government

in the past 35 years. Women Protection Bill has added insult to

the injuries of the nation where an unjust and untimely

discussion is initiated which has no relation to the common

man’s problems of rule of law, health, justice, education and

reforms in all sectors. This government rather than taking the

blasphemous cartoon issue to European Court and OIC has

given flame to the West to ignite that we are intolerant and

extremist if we protest. Hadood Ullah is touched by one man

without involving ‘Islamic Ideology Council’ and at a time

when war is at our doors, economy is going down, corruption

is ripe and democracy is far away and as Be Nazir Bhutto has

said that there is no contingency plan after General Musharaf

as ‘Musharaf is an endangered species’ in those circumstances

only justice and free elections can ensure that no one dares to

breach the core essence of Pakistan’s constitution. We need a

strong system not couple of ‘sham convictions’ to deter

political activists and leaders to save our country from

destruction. Federation and future of Pakistan lies with

democracy which is not possible unless and until free elections

are held under independent care taker set up and judiciary

needs to play its role.

Turning to Sharif’s Mian Shahbaz Sharif President Pakistan

Muslim League (N) former CM Punjab and was deported from

Lahore Airport to Jeddah on Monday 11, May 2004 when he

attempted to return to his homeland. This was another political

twist upon which Pakistanis were shocked to see how such an

unconstitutional and ultra virus action could be allowed.

Mian Nawaz Sharif and his family were imprisoned under

charges which were politically motivated after his ouster by

Military , while the old and the young of his family were put

under house arrest for months. As a result of military action,

Pakistan was suspended from the Commonwealth.

On the 9th of December 2000, Prime Minister Nawaz Sharif

along with his family was exiled to Saudi Arabia. Mian

Shahbaz Sharif current President of the Pakistan Muslim

League (N) resisted the extreme emotional blackmail and

refused to leave his prison cell in Landhi jail in Karachi.

Despite his resistance, he was forced to board the aircraft by

the brutal force of the military authority. During his stay in

Saudi Arabia he developed a serious ailment in January 2003

for which he had to urgently travel to the United States where

he underwent a surgery in New York.

On 11th May, when as a result of Supreme Court observation in

his two petitions to the Supreme Court, the Court ruled that

every citizen has a right to enter and remain in the country of

his origin and there can not be any restriction put on his entry.

On paragraph 15 of the Judgment of SC in Const Petition

Number: 55/2003 said that govt. neither deny his right to enter

and remain nor brought on record any agreement / document

permitting the government to force the petitioner to live in

exile. The Para says as following:

“15.It is significant to note that neither in the comments nor

during the course of arguments the Federal Government/

Government of Punjab has disputed the right of the petitioner

being a citizen of Pakistan to come back to the country nor

referred nor brought on record any agreement/document

permitting the government to force the petitioner to live in

exile.

On paragraph 28 C confirmed that AG did not dispute the

article 15 rights of the petitioner:

“28.It is not denied by learned Attorney General for Pakistan

and Advocate General Punjab nor so could be denied that

Article 15 of the Constitution bestows a right on every citizen

of Pakistan to enter or move freely throughout the country and

to reside and settle in any part thereof. It is a settled

proposition of law that the right to enter in the country cannot

be denied but a citizen can be restrained from going out of the

country. The petitioner is a citizen of Pakistan and has a

constitutional right to enter and remain in the country. 29 (2)

For reasons to be recorded later on, both these petition are

dismissed with an observation that the petitioner may come

back from abroad subject to the law of the country.”

Mian Shahbaz Sharif’s family returned to Pakistan to attend

their daughter’s wedding but unfortunately, on 1st July 2003

under an illegal order of the military government, his wife and

daughters were hunted down and arrested without any charge

in the most cruel and humiliating manner and made to forcibly

board a plane to Jeddah.

Mian Shehbaz Sharif tried to go back to his country but was

forcibly deported back to Jeddah from Lahore despite his

willingness to appear before court of law as was said in SC’s

observation in his petition. Sharif never followed it up in courts

for specific relief and or for contempt after his deportation as

he learnt the state of play that justice will be denied by the

current rulers to him, but Political circles, intelligence and

lawyer community asked on numerous occasion that it was the

duty of court when State failed to produce any evidence, did

not disagree petitioner’s right to enter Pakistan, therefore his

removal from Lahore to Jeddah was an act of contempt as well

as was in defiance of Supreme Court observation. Court must

look into this matter as once the observation is given, any

action otherwise makes it questionable and sub judice and

needs to be looked by the Supreme Court for complete

scrutiny evaluating all statements which were given after

deportation as if the Govt of day has won a war.

This was confirmed by General Musharaf ‘In the line of fire’

published in the end September 2006. On page 166 first

paragraph on sixth sentence, it reads as following, “It must be

said that Shahbaz Sharif initially refused to sign and did not

want to leave Pakistan. But we could not have this partial

acceptance.”

General Musharaf however reiterated in December 2006 once

again when he was interviewed by an Indian Journalist that if

any one out of the exiled 2 leaders attempt to enter Pakistan to

take part in election, first of all they will not be allowed, and

secondly one of them will go to Saudi Arabia and the other to

jail. Nation asks where does the court fit in when he himself is

judge and jury to decide who should be the Chief Executive of

the country negating the will of people and denying their right

to choose.

That one sentence not only supports all previous statements

and apprehensions of Sharifs & strengthen their case that

courts must take suo moto action for the safe return of the

exiled leaders.

Mian Shehbaz Sharif’s deportation & defiance of General

Musharf after failure to deliver his so called ‘7 points agenda’

to keep Sharif’s & Mohtarma away from Pakistan proves the

following:

a. The government does not care for rule of law and they

found him guilty without trial of unknown charges and

deported him under a contract which is unknown and

unseen and no access to court was provided;

b. The government did not respect the Supreme Court

observation that no restriction can be put on citizens on

their entry and every citizen has inborn right to enter and

remain in their country of birth; the deportation of Mr.

Sharif thus amounts to contempt of court. Accordingly

under the rules of natural justice, he should have been

allowed to wait till his petitions were decided.

c. Most important of all, current regime does not wish to see

any opposition leader carrying a political profile like

Nawaz Sharif, Shehbaz or even Kalsoom Nawaz and Be

Nazir Bhutto outside on the streets telling the masses what

is going on in the country. That is a clear example of

weakness on part of the Nabbed government.

These questions are circling in every Pakistani’s mind today

and only the Supreme Court now can save the future of the

democracy & popular political leadership in Pakistan by

allowing them a remedy to enter and remain in order to practise

their constitutional right of taking part in political business and

if there are any cases on them, they may defend them in courts

freely. This right must be given to them as their right not as a

favour.


Chapter - II

Articles

related to

Judiciary

The messiah turned out to be a human after all

It was jubilation after the newfound freedom or the effect of

four months of unlawful detention that Chief Justice (CJ)

Iftikhar Muhammad Chaudhry went to pay condolences at the

PPP co-chairperson’s residence. It is an ill advice of half-

lawyer-half politician leaders who are sometimes trapped

between party loyalty and the cause of the independence of the

judiciary. They forget that judge’s reinstatement is not an issue

at all; the issue is their complete autonomy and independence.

With this speed, the way things are moving, we may get the

jobs of those judges back but the process may affect the

capacity of the top judge to dispense justice on equality basis.

Critics will expect Mr. Chaudhry to visit Altaf Hussein over

the death of his relative, Nawaz Sharif at his aunt’s death and

General (retd) Musharraf for the loss of his friends in the Q

League in the fatal elections of February 18 2008. This

newfound tradition is fatal for the independence of judges and

the cause of judiciary. At best, condolences could be sent with

a message card and a bouquet of flowers. If the judges are

made to feel obliged over the bold stance of parliament or

political leaders then it will make a mockery of justice and only

the employer will change, and judges will remain obedient of

one door to another.

It is not right for the CJ to visit politicians as it is not

customary for judges to keep contacts with rulers or politicians,

especially if they are not their next of kin. Opponents are

already raising concerns and calling it an over-politicised

judicial issue. The sting which is the key of the lawyer’s

movement is the pride of a top judge who said ‘no’ to an

oppressor and bore patiently all the tricks and ill-wills of his

government machinery.

The nation wishes to see the judiciary above board, which can

dispense justice freely without fear and financial constraints.

The new-born judiciary can also play a role to separate

administration from justice completely with the

recommendation of a viable judicial appointment commission

that appoints undisputed judges. We also need to promote non-

political Bar so that lawyers who head the movement remain

committed to the cause of the judiciary and in return become

non political judges later in their careers, providing justice at

the doorstep of the common man. It is a dream for which junior

lawyers and civil society and media laid their lives. There will

be hawks waiting for the weaker moment.

Justice Ramday rightly said that it is not a matter of seeking

their jobs back, it is time to make a decision what sort of

judiciary 160 million people want, a subservient to one man

judiciary or judges who say no bluntly to the wrongs of the

government. The post-July 20 CJ refused to meet General

Musharraf, the Attorney General and aides of presidency. The

release of Jamia Hafsa students was a right step in the right

direction. He must consider forming a jurist committee

consisting of three former 3 chief justices who could counsel

until his restoration, as only judges can counsel him to save his

conduct from containment.

I fear during this heartfelt struggle one step out of line may

make his conduct questionable where it will be arguable

whether he will ever be able to dispense justice, in particular

with the opposition of Q League, MQM and General

Musharraf. In these top judicial slots the margin of making

mistakes is very limited and this mistake must be

acknowledged. The lawyer leaders must own responsibility and

apologise to the nation, in particular, junior lawyers who felt it

greatly. The people of Pakistan did not lay their lives in return

to see a judge visiting the rulers that may look like an exercise

to clear the reservations or settle terms in order to seek his job

back.

People want the rulers to come at the doorsteps of the top judge

who must be acknowledged for his steadfastness, bold stand

and bravery. The masses do not want the reinstatement of the

CJ if it is not with full pride and honour. They want to see the

restoration of the prestige of the office of the CJ who was

detained with his family, ill-treated and manhandled by state

functionaries and law enforcement segments. It will be in the

interest of the ruling party to take the lawyers’ struggle down

by slowly defusing the popular slogan of reinstatement.

However, with wisdom, consultation and pride these tactics can

be defused and jurist committee can be a step towards right

direction.

I must say that one judge and a judgment cannot restore the

independence of the judiciary as it is an on-going process. We

need a constitutional package for which political will is the

prerequisite to promote such a mindset to respect the rule of

law in all aspects of our lives. Our CJ has only two doors to

open. One is his ancestral home where he will spend his life

post after retirement and the other opens directly into his

chamber in the Supreme Court of Pakistan. The whole nation

has invested their hearts and minds in the struggle of one man

who showed bravery in the worst of times.


Long March: a show of public support

14 June Long March ended inconclusive, where lawyers

showed wisdom by curtailing the gathering of masses turning

into a mob wiping out the political process emerged as a result

of 18 February elections. Lawyers made their point that public

want some sort of credible judiciary and to start with, they have

at hand the 2 Nov Judges who refused to take personal oath of

loyalty to outgoing General. Lawyers, Civic Society, media

and politics of conscience have patiently rang the alarm bells

giving time to the civilian govt to meet the public demand

reserving the right to come again and next time they may not

go back, until judges are restored and accountability is held on

streets.

However, process to wind up was carried out in hurry. May be

lawyer leaders were a little bit tired or were under pressure of

handling thousands on street which was a unique &

unprecedented experience. In any event the show was

successful and all credit goes to Nawaz Sharif for helping

lawyers to muster public support and successful winding up as

well as conveying clear threats to the President standing in his

back yard. Now one thing is for sure that either this public

demand will be met in its entirety and judges will take charge

in a few months to come or the whole political process will be

wound up to either have new elections or new set up. In any

new elections, lawyers may jump in the elections too with the

same demand jointly with other political forces or singularly on

the slogan of ‘justice for all including judges’ as they have an

elected team present to contest from Karachi to Peshawar with

a strong net working. The ball is now in the court of the shrewd

politicians some of which are still under the impression that

President’s survival is in a security to the National

Reconciliation Ordinance (NRO) which I think is a fallacy.

Politicians who have been facing trumped up charges on

political grounds must be ready once for all to face the music

before a true independent judiciary with sharp teeth. It will not

only ensure due process of law, fair trial but will also promote

a principle of an end to political victimisation. It will close

manufacturing of prisoners of conscience where people like

Zardari and Javed Hashmi waited for years to have justice. A

clear bill of health by free judiciary can only purify them from

the sins of past or a South African style truth & reconciliation

commission where looted money is given back in the public

purse.

One thing missing in the whole scheme was the stalwarts of

lawyers’ movement like Justices Wajeeh Uddin Ahmed,

Fakhur uddin Ibrahim and Justice Siddiqui who have been

vocal on the right direction as this consultation process must

never end which differ them from the others. Otherwise

progress may be hindered due to civil dictators creeping in the

ranks of lawyers movement. Lawyers are different from others

only because they consult, take advice from seniors and agree

to disagree on all major issues of principle. A few also felt that

Justice Chaudhary should have led the long march from Lahore

towards Islamabad. He should have concluded the Long march

by speaking to masses in the end thanking every one where

lawyers in the end could have proposed a carefully drafted

resolution which should have been presented and approved by

public at hand and should have been given to politicians in

Govt in the morning of 15 so that crowd goes back less

dejected. Ali Ahmed Kurd whose fiery claims and speeches

always gave a revolutionary approach with which normally

things are settled in Pakistan was not there either and was

missed dearly. It also gives a lesson that with fiery speeches

you may get applause but judiciary does not get independence.

It requires sheer political will, joint collaboration and

consultation in the national interest, wisdom and sacrifice

which is pre requisite to translate this dream into a reality. May

be consultation is the key which needs to be mastered in

coming days by lawyers.

In the end a word of wise to lawyers that they must not fall a

prey to pragmatism and lack of resources thesis. If according to

them 5 lacks can join them at Parade ground late at night in the

barren lands of Islamabad, the very people have the capacity

and courage to manage without food and drink for at least 48

hours so that a taster is given to the dictator for occupying the

seat denying the mandate of 18 February elections. At that

time, lawyers negotiation teams must have polished their nails

to extract a Governmental statement with a concrete promise to

restore judges within a time framed deadline and or

punishment to those who fired them. At least 48 hours sit in at

the same ground would have unnerved all quarters and would

have benefited enormously and lawyers could have left with a

date to come back again in case the judges are still on the road.

These are all academic analysis. In all the process, Barrister

Aitzaz Ahsan deserves an applause for staging a mini

referendum against General Musharraf as well as against

indecisive Parliament. Now they must pay attention to the fact

that whether its Executive Order, resolution or Constitutional

package, Judges ought to be restored. Parliament so far has

failed to make any progress to restore those judges who were

made non functional on the eve of 3rd November against the

order of then Chief Justice Iftikhar Choudhary. Road map is

given, its do or die stage and I am afraid this time

Parliamentarians will be responsible themselves for the

downfall of political process if they fail to respect the public

demand and the mandate given to them. The so called

constitutional package has not yet been presented in the

legislative body so far and Parliament is idle killing flies in

first 3 months and rulers have vetoed its effectiveness by

preferring to settle issues of national importance in drawing

rooms and through back channel diplomacy. Unelected are

dictating the elected ones and President is heading the gang of

unelected who are ready to do any dirty just to please their

boss. Two parallel governments are in action, one stops

national media airing a top talk show and the other denies any

involvement in it. Popular leaders are watching all this

helplessly.

Public is gauging the mood of this parliament with a caveat and

they have enjoyed coming to street to raise their voice of

dissent and if this enjoyment becomes a habit due to

inefficiency of our ruling clan then they all will go who used to

raise slogans of democracy, rule of law, justice in their election

campaigns and did nothing when they came to power for their

voters, people, or institutions. They have lost sanctity of their

words now fear is their asset. They should worry from those

days when public questions their very eligibility to govern.

Dated: 16 June 2008

True independence of institutions or just a job

In the summer of 2007, the Lahore High Court (LHC) Bar

lawyers gathered where the deposed Chief Justice (CJ) of

Pakistan was facing trial on charges of misconduct. He came to

the city with a procession of lawyers and won the day. He won

the hearts and minds of Pakistanis by saying ‘No’ to the

outgoing General. Ahsan Bhoon, then President of LHC Bar,

was at the forefront in the host committee organising that

event. Since then, he became a priority in the eyes of the

establishment. Like Americans say, “There is a price for

everyone in Pakistan,” Mr. Bhoon proved that right by putting

the price of his leadership of popular lawyers’ movement for

the sake of becoming Mr. Justice Bhoon, proving Allama Iqbal

right that Muslims bowed down when the time came to stand

still in the battlefield. No offence to the judge, he did what all

are doing.

Another example is of a fiery anchor who gained prominence

from his popular programme on a local TV channel. He

successfully caused a stir in the ranks of the blue-eyed clan by

touching corny subjects. One TV channel nearly went bankrupt

as these ‘leaders’ were adamant that these newly-liberated

channels can truly bring true independence of media in a

society where military regimes have deep-rooted stakes in

Pakistan. He hit the nail aright and after partly causing

November 3 emergency, caved in when the newly-installed

government found him to be their loyal subject ready to do a

job under them. At last, his mighty claims of principles and

future aspirations of seeing media on top were reduced to

ashes. In UK, Jeremy Paxman would never have accepted a job

of management of a TV station when his mastery is an

anchorship of BBC ‘Newsnight’, a popular daily current affairs

programme.

March 9 brought an era of constitutionalism in Pakistan and

July 20, 2007, could have been a beginning of a new era if the

top judge understood it. However, we lost the opportunity to

psychologically defeat the mindset that promotes dictatorship

in our minds and attitudes. On November 3, General Musharraf

once again imposed emergency, curbing media freedom and

sacking judges. Benazir Bhutto was hunted down to safeguard

Western monopoly. Despite all odds February 18, 2008,

election results vetoed all the actions of the military man.

Parliament came without declaring unlawfully confined judges

as ‘restored’. Instead, they were merely freed by the Chief

Executive who was yet to swear his oath.

General Musharraf was resuscitated by the same clan who

prayed nine years for his ouster. If he survives another six

months, critics strongly believe that he has the capacity to stay

for another five years. Thanks to anti-Musharraf forces that

lack the unity of thought and action. Since taking oath, the

Prime Minister has not acted upon the ‘Bhurban Declaration.’

Despite the fact that Mr. Gillani lost a good five years of his

life in jail on trumped up charges for the sake of parliament’s

sovereignty, when the time came he happily handed over to the

military commander the very powers vested in him to exhibit

fireworks in Fata at his sweet will. What is the difference

between the Q league and the current administration? Is it not

just a change of faces?

Then came call for the long march as the mandate was being

humiliated by the rulers. The lawyers, without bringing the

‘legal action committee’ into action to adjudicate the wisdom

of the CJ’s visit to the then under trial Zardari, failed in

keeping a close check on those responsible. Aitzaz, with the

slogan and style of Bhuttos, mesmerised the nation, especially

young advocates. Critics thought for once that he meant it. The

ignorance to leave Justice Wajeehuddin and Fakhuruddin

Ibrahim behind was spared too. Then came June 14 when all

was set and ready to rock and roll but Ali Ahmed Kurd was

gone and here came a messiah of the nation who taught the

lesson of pragmatism.

In his belief, he called it a day without taking any public

statement in response to his million-march in fear of unrest

without proper consultation, leaving the nation in shock and

lawyers in dejection. How will he ever gather 5 lakhs in future,

only he knows? People were humiliated by saying that the

Supreme Court Bar Association (SCBA) is short of funds and

there was a fear of unrest. Alas, who will tell them that Quaid

made Pakistan and 40 lakh people died at that time but no one

blamed him for that onslaught. How come a few scoundrels in

peaceful gathering could have created havoc in this march or

sit in if the lawyers were determined? Young advocates cried

and lawyers mourned with them and apologised to the nation. I

must say, in the past even clerk’s associations have performed

better in their negotiation skills to muster their minimum

demands whilst staging a protest. He caved in, called off his

moot and went to the US where all leaders go once they are

tired.

With him on that day the dream of the rule of law, justice and

constitutionalism for the time being was also washed away as it

will take time to pick up pieces from the rubble of pragmatism.

Constitutional package is yet to be tabled and I genuinely feel

for those great judges who did what they could but in the end

the issue became a shuttlecock. In these circumstances, how

can we expect a successful drive for democracy when everyone

wishes to keep his feet in two boats to keep their options open?

They are busy negotiating their future on the one hand while

shouting slogans of ‘Go Musharraf Go’ and ‘long live Iftikhar’

on the other. They consider receipt of judge’s salaries out of

Prime Minister’s alimony fund as their partial success. But they

cannot see the difference as they see everything with their own

eyes and read Habib Jalib without understanding him. I think

they need to read Allama Iqbal more. Aitzaz is confronted with

his own conscience. His aspirations, party loyalty are up

against the popular drive for the restoration of November 2

judiciary. He cannot escape from the lawyers’ movement as

that is his recognition but he cannot decide on the 40 years of

association either. Jinnah left Congress the day he knew it

could not go together. His move against his own party, the

PPP, is failing as his party knows how to lose one stalwart for

the sake of the party. But he is no different from other

Pakistanis who know that freedom will take time. We have no

independent judges as the very people who raise voice for them

do not want them, back due to fear of losing their jobs.

This is the sorry state of the drive of civic rights in Pakistan

where all stakeholders keenly keep an eye on each other so that

no one could rock the boat. It is a land where heroes are ruined,

like Dr. Qadeer Khan; where judges are detained, like Iftikhar

Chaudhary; and Premiers are hanged, shot, and exiled, like

Bhuttos and Sharifs. Public, for once, is confused whether all

this is being carried out in genuine sincerity or everything is

being done for a job. I fear the day when the public, which

always backs popular movements, turns into a pragmatic nation

and never comes out when they call. In that case, where will all

these ‘leaders’ go and who will give them a job?

Dated: 02 July 2008

When character is lost, everything is lost

Civilian rulers are in a fix how to restore supremacy of

Parliament, promote rule of law, and restore free judges as their

deviation from consultation has revived the dying regime of

Musharraf who was once declared ‘endangered species’ by

Benazir Bhutto. Similarly, Nawaz Sharif, with his popularity

graph touching high at 86 percent is the biggest thorn in the

side of the old mafia. His life is in danger as he is antidote of

the dictator, the survivor of a clan that carries the torch of

parliamentary sovereignty. Thus, he deserves to be preserved

as a national asset. Without him, the country will be left with

all regional leaders occupying provincial majority under the

command of a force that has a history as well as a reputation.

In a country where over 55 years of age Prime Minister

representing the federation is, by design, threatened like

Liaquat Ali Khan, Zulfikar Bhutto, Benazir, and now Nawaz

Sharif, tells the sad story of the state of affairs for a student of

politics. It once again points towards the need to preserve the

politics of principles — the politics of Quaid-e-Azam

Muhammad Ali Jinnah.

Pakistan is not what the Quaid envisaged. Most of the ‘elite’

seems to be busy counting the ill-gotten money while the lower

middle classes are leading the life below the poverty line.

Nepotism and bribery are the salient features of the current

police-run society where might is right works. National

resources are in the hands of a few who play with the destiny

of the country. Telling lies is not at all considered a moral sin

where an innocent child tells the caller on the phone, “Papa

says tell him he is not at home.”

Thanks to Generals Ayub Khan, Yahya Khan, Ziaul Haq, and

Pervez Musharraf as the whole nation depicts a picture of their

successful rule. They mirror it in their analysis and the mindset.

We all are turned into small dictators in our own dens, all

because of lack of political system, infrastructure, and basic

nurseries where political activity is nourished, groomed, and

perfected. Individual interest has taken precedence over

national interest. We are ready to be divided in the name of

cast, area, language, sect, and province. Overall, nationalism is

at an all time low, especially due to death of Akbar Bugti,

Benazir Bhutto, and the war ‘of’ terror in the tribal areas.

Critics argue that we are better off than Nigeria, Bangladesh,

and Algeria. Pakistan, a wonderland full of natural resources,

heritage, and talent, where people have a passion to do

something great but are confronted with illusions in a

leaderless society as the land is being ruined by corrupt elite

where middle classes have no direction and no offer for future.

That is why we are facing the problem of brain drain.

All the top doctors are either settled in the US or Canada,

serving their foreign masters. In fact, amongst them are the

kids of the elite top brass who are abroad as the country where

they are enjoying luxurious positions is unsafe for their kids in

Pakistan. If there was any chance of them coming back, that is

addressed by making Dr Abdul Qadeer Khan an example with

an exemplary punishment so that no one dares to even think of

national service as a duty.

I feel due to their success stories in foreign lands, this reserve

force of eight million souls abroad will one day catch the eye

of policy-making bodies in order to save the institutions from

further decline. The country is running on half-backed ideas.

The emphasis is on aid and not trade. Policy-making bodies

have not encouraged small business operatives to have access

to open markets for their business growth, including Europe

and America. Even the Chinese market is not yet open for the

Pakistanis at its full scale. Investors run away when they see

bloodshed on the street, suicidal missions, and killings on the

wholesale basis. Our rulers are humiliated on foreign trips

when, due to lack of wisdom, they travel with dozens of

entourage and return with threats and a shopping list of what

they need from Pakistan.

The US applied carrot and stick policy on the country since its

inception. We are content that we are getting some money out

of them. In our tribal areas, missiles fall like fireworks. In fact,

now our army personnel are being slaughtered. One man

allegedly gave them the tacit understanding to fire at will freely

in hot pursuit and they did exactly that without warning or

sharing intelligence but no one tells him that he is the cause of

the whole mess.

Country’s issue is not whether the ISI is under the prime

minister or the newly-found Interior Minister. In fact, the main

issue is whether we can ever learn to start running under any

set of principles, a constitution. As it stands, there are two sets

of systems, one being constitutional the other ultra

constitutional. History tells us that it remained under the

second for over 40 years. Political process has lost its ground in

a country where military dictatorship has its footprints on all

institutions, political parties, and national mind. Military rulers

keep control in their hands and the trust deficit is on both sides.

Politicians lost the opportunity like they did in early days.

This is a time when Pakistan needs a healing touch as too much

negativity and rigidness have affected the original stance on

which the state was built. Let’s make it better and make a

pledge on the time of its independence celebrations that we will

turn it into a Pakistan of Quaid-e-Azam where rule of law,

justice, and equality prevails. Responsibility lies on all

institutions and politicians. Someone has rightly said that if the

wealth is lost nothing is lost, if health is lost something is lost,

but if the character is lost, everything is lost. Our national

character as a nation is at stake. Is there any national leader

who can dare to make an effort to save it?

Dated: 01 August 2008

Iftikhar

Iftikhar is translated as ‘honour ’ in the dictionary, however

this one word in Pakistan has gained significance from the

name of deposed Chief Justice of Pakistan Iftikhar Mohammed

Chowdhary who is still waiting for his restoration on 3rd

November position. He was dismissed, and detained by

General Musharraf as a result of an unlawful military action.

Chowdhary not only settled the score of history by challenging

the myth that Pakistani judges are always ready to work hand

in hand to support its generals , but also tried to nip the very

evil in the bud, which is core of Pakistan’s constitutional hap

hazard history, the all time notorious ‘law of necessity.’

When we look at these hollow claims that law of necessity is

buried forever especially after 20 July, we must analyse as to

why there always seem a gap which is filled by our Generals.

We need to look at the reasons as to why the country was

divided in 1971; corruption allegations always surfaced in

civilian rule and military never could hold them accountable as

they lacked legitimacy. Musharraf regime despite weak

opposition and leaps of dollars could not go nearer to the

completion of its seven point’s agenda. In fact, he brought the

federation to near collapse. Most ironic is the current civilized

government who seems an epitome of mal administration.

President house seems to be representing a group amongst one

party only than the federation. In these circumstances the

slogan or aspiration of rule of law, democracy, justice, and

governance seems a wish for the moon. Iftikhar Chowdhary

has turned the tide towards the very basic fact that from

Karachi to Khyber people demand justice let it be Justice, with

the state, justice with the nation or justice with the institutions.

Our corrupt mindless politicians have always provided a room

for an unlawful intervention. Strong unpoliticised, meritorious

and robust judiciary is the need of the hour to break the nexus

of the military & judges which always legalized military coup

de tats in the short history of 61 years of Pakistan. 9th of

March initiated a debate and 20 July was its near climax,

however politicians could close the gap after 18 February

elections and could have translated the death of Be Nazir

towards a new era by forging alliance of political forces that

now martial will not be the future of Pakistan. Looking at their

9 months rule, it’s a plethora of deceit, lies, broken promises,

bluff, mal administration and corruption. Everyone is trying to

do what is not its job. Media is partially gagged and at some

places its mouth is shut rather than filled with coercive

adjustment and or warnings. A few honest are trying to work

unnoticeably. Musharraf’s claim to liberate media despite two

interceptions has started to look real.

Lawyers who worked hard during last 20 months are

regrouping for a bloody battle of clash of ideas as this time it’s

going to be very difficult for any Aitzaz to send them home

quietly as they will come for a confrontation from home to

either successfully secure reinstatement of CJ or Dama Dam

Mast Qalandar (end war). The election of Ali Ahmed Kurd to

the President of Supreme Court Bar slot, will speed up the

resilience and confrontation process as sanity is vanishing

rapidly amongst grey haired lawyers and it’s all because of

breaching pacts dearer to their souls which are merely proved

hollow unreligious words of politicians. When we try to

compete with India through war of words, they respond by

taunting us as to who is begging for survival, and it seems due

to incompetencies of our political classes Pakistan has only

unskilled people to export as they have nothing fresh to offer to

the community of nation.

Addressing to Iftikhar Chowdhary, I can only say a few words,

that you did your best; you are an ‘Iftikhar’ for us and hats off

to your team who lighted a candle of Justice and rule of Law.

But Pakistan is not ready yet for transparency, good

governance and rule of law. You will soon hear that the sale of

very steel mill you stopped considering an asset, will be given

in a ‘buy one, get one free’ deal to the one who loan these

beggars as IMF when comes in any compound does not go

empty handed. You suffered the summers, and winters in

confinement for us, but we are though ready in mind for justice

but are reluctant to relive the Zardari’s of our country from

their duties considering ‘what will Be Nazir think of us.’

Though they never think if they do not restore the Chief

Justice, what will she think of them. Forgive us Iftikhar

Mohammed Chowdhary, you may be a pride of the nation, a

prize for the unprivileged, but you still are a nightmare for our

corrupt elite, unbridled police and bureaucracy. How can you

be restored, Pakistani Govt does not afford your recall. They

wish to survive with All time respectable trouble free Dogar as

he sees nothing, hears nothing, does nothing, and taking a suo

moto action even if Angor Adda mission is accomplished is

beyond his comprehension as Supreme Court is on leave after

61 years.


Chapter - III

Articles

related to

Public

Interest

War of terror

The 9/11 incident was a most tragic one and brought so much

hatred in its wake. It brought the ancient civilisations on to a

flashpoint where tolerance and forbearance was lost

somewhere down the line. Along with it came the new drive of

a war against terrorism where the enemy was unseen. It was a

myth and ‘religious terrorism’ was invented, prejudging

billions of people of one faith linking to intolerance and

radicalisation. Pakistan too was asked to submit to the mighty

power or was warned to face the consequences. We were told

to be ready to live in caves.

Unlike Turkey that rejected an offer of over $ 35 billion aid

package in exchange of allowing the US to use its territory to

turn Iraq into rubble, Pakistani rulers, devoid of legality, caved

in easily without an honourable settlement of their outstanding

debts and without guaranteeing and addressing any threat to

their national security in the form of retaliatory attacks. When

we look back we find the US asking for more. True, the weaker

can only give explanations as sovereign states seldom send

their soldiers into a war, the risks of which are not calculated.

Pakistan army has lost around a thousand soldiers as a result of

their active participation in the north of their country bordering

areas of Afghanistan. In North and South Waziristan locals are

taking up arms against their own military personnel. Both sides

are collecting their dead bodies and both are declaring them

martyrs. In civilised countries issues pertaining to country’s

sovereignty and integrity are presented in the parliament for

approval. However, the same countries support the weaker

regimes in subcontinent in order to avoid a parliamentary

oversight over sensitive matters. Pakistan is giving its unstinted

unflinching support to the US for the second time.

Last time, it came to the region in the 1970s. Bhutto was

hanged prior to its arrival. Fast forward to the late 1990s, this

time Nawaz Sharif was exiled for a period of eight years. He

was facing a charge that could lead to a death penalty. I

compared this with UK Prime Minister Tony Blair who

completed half of his third term in office and was made envoy

to the Middle East. I was trying to understand why in the third

world countries the parliament is not supported by the West. I

have seen that only lip service is provided in the name of

restoring true democracy, freedom of judiciary and the media

in military regimes only to tame the incumbent rulers to join

the club or face the music.

The time has come when the newly elected government of

Pakistan brings all those items for approval of the parliament,

including any tacit understanding between the two countries.

Missiles are landing like fireworks and the people of Pakistan

are facing suicide attacks almost every week, hundreds in 2007

alone. The parliament must pave the way for a better

understanding on the issue considering the war on terror as an

international issue and contribute according to its worth. This

will be in line with their requisite international share. I think

Saudi King Abdullah’s suggestions are worth-considering to

form an international intelligence sharing mechanism in order

to combat the worldwide menace of terrorism. If we do not

trust each other we will always be pointing fingers. British

Home Secretary Jackie Smith, during her visit to Pakistan,

rightly said that terrorism is a global problem.

As the UK and Pakistan are finding each other’s accused in

each other’s countries, only a joint cooperation can foil the

plots of organised criminals. The parliament has a heavy task

ahead of it. It will have to show maturity or continue beating

the opposition as if that is the only way to take revenge. People

have forgotten that late Benazir Bhutto declared democracy as

the best revenge from dictatorship and that progress and

success is the best reward this newly-elected government can

give to its voters. Pakistan faces serious challenges to its

economy and security. A healthy political activity can reduce

tension amongst institutions and pave way to reduce

radicalisation of minds and aggressiveness of attitude.

A smooth political process, which tries to address real

problems, can lead to mutual harmony and goodwill. The

federation will stay intact if we learn to tolerate each other in

true sense. The ball is in the court of the politicians who should

perform their task well. They should keep themselves abreast

with the challenges and bring some revolutionary changes in

the social sector, giving relief to the common man. The newly-

elected government must try to meet the challenges the country

is facing without losing its allies. But we should say ‘no’ to our

old masters where it is necessary and bring the judiciary to a

high standard of excellence. The government should run the

system of civil administration smoothly, addressing all the

threats to it from within. The Quaid’s Pakistan is waiting for

the people of Pakistan to deliver.


Pakistan’s modern day media challenges

I am a great supporter of media growth and its freedom which

keeps the public informed, shows a mirror to rulers and

facilitates a debate on the policies of the govt, it has far

reaching effects on nation’s day to day business including a

portrayal of other side view. I must accept that media growth is

new in the country and it will take time to counter western

media challenges as well as addressing our own inefficiencies

in time but one thing which is quite irritating is the control with

which this newly attained power be used keeping in view the

national interest of their own country.

BBC is renowned in news making business; however their

ultimate allocation & reaction to events and news affecting

their national interest would be positive and timely whereas

this newly grown outfit in Pakistan must not ignore their

important national contribution share in safeguarding the

interest which comes with the job as wherever there are

extreme rights there are extreme responsibilities too. China has

been hit with one of its history’s the worst quake resulting in

thousands of death(s), Burmese are going through the effects of

one of worst tsunami of 2 May in their country where 200,000

people were already dead or dying and Indians have been hit

by latest bomb blasts in Jai Pur on 13th May resulting in

several deaths, but looking at last week’s Pakistani newspapers

and media programmes in totality. It is regrettable that their

share in news is minimal, unbefitting and unjust. I would even

go to an extent that it is criminal negligence to ignore such

events in China as the issue in hand is core to nation’s heart

and mind and it is not properly portrayed.

China is an emerging economy in the world, a strategic partner

and a long trusted ally of Pakistan who come and stay with us

through thick and thin not like USA who never came whenever

the country was in dire need. China’s support during Wars and

in peace time to the country is exemplary and their contribution

during our bad time is praiseworthy but our media has failed to

acknowledge our national strategic interest in order to inform

and shape public opinion as it is their duty to wake the masses

as well as the govt to encourage reciprocal response of

cooperation which we always received in order to strengthen

people to people contact with our strategic partner. Pakistan

was hit by the quake in the capital and Azad Kashmir on 8

October 2005 and it registered a debatable 7.6 or 7.7 on the

Richter scale and around November, the official death toll was

79,000 though the overall figure was quite high and aid poured

in from the entire world including China. China was hit by a

quake on 12 May the quake measured 7.5 on the Richter scale

and tremors were felt as far away as Thailand and Vietnam. It

hit 57 miles (92km) north-west of Chengdu, the capital of

Sichuan province, at 2.28pm (7.28am BST). The death toll

from the most deadly earthquake of its history have reached

over 10,000 and on 16 May Chinese officials raised their

estimate of the number of people killed to nearly 21,000. The

latest figures put the number of people still buried at 26,000

and the missing at 14,000 where 7000 schools collapsed. The

Prime Minister, Wen Jiabao, rushed to the area and appealed

for people to rally together and said, "In the face of the

disaster, what's most important is calmness, confidence,

courage and powerful command." The quake is the worst to hit

China in 32 years since the 1976 Tangshan earthquake in

north-eastern China which claimed up to 300,000 lives.

Pakistani media having known the feelings of such fatality

from their own experience of October 2005 quake in Pakistan

remained casual with this news which is unforgivable. They

should be at forefront in running ‘News Breaks’ and doing

reports on china Pakistan bilateral friendship and cooperation

which is an asset for the state. They should have given worthy

coverage to the topic and must have encouraged the public as

to the possible reaction in order to facilitate walks and collect

funds or charity symbolically to support those schools where

all 4 storey’s turned into rubble and must have asked the public

to make a mountain of flowers outside the embassy of china in

Islamabad showing solidarity to Chinese people in their time of

need. It is their utmost duty to show the countrymen the

possible ways to show our feelings and contribute even if it is

little to strengthen our deep rooted historic ties & cooperation

thus building our national self respect. Pakistan may be a poor

country but not senseless that it cannot respond love and

friendship reciprocally and media’s role is vital to engage the

nation in other worthy causes but highlight their role towards

this event too. Upon media encouragement if a few rupees

collection on a larger scale is given in some thousands to

Chinese Govt, it will make a symbolic gesture that Pakistani

people may not contribute befittingly as China did during their

disaster but their support, cooperation and friendship in spirit is

as good as Chinese.

Media can play an important role in country’s grooming and

upgrading psychological profile. If the role of media does not

change from just covering political events only where politics

has been turned into a ‘national sports’ and all the nation from

a taxi driver to milkmen are all advising judges how to handle

Musharraf or whenever, one turns the television on, one nearly

have a heart attack with the flashing of breaking news which is

none other than a meeting of a politician(s) except china’s earth

quake update, Burmese tsunami efforts or some international or

national aspect. I am afraid in that case people who are

psychologically wrecked by these developments will run for

refuge after the restoration of judges as their problem of water

shortage, price hike, unemployment, electricity, food and oil

and international recession are not going to be solved with

meagre claims and cheaper slogans.

Nation takes pride from what they do in their life span, our

individual and national character is at stake and we are blaming

others. The emerging psyche from apathy and hopelessness is

visible from the gang rape of ‘Kubra’ in the vicinity of the

tomb of Mr. Jinnah, the founder of Pakistan in Karachi. I

watch BBC and compare with it with some of our programmes

and wonder that though in Pakistan media is in their early days

and there are teething problems but national interest is not

protected conditionally only if General Musharraf is out of the

Presidential slot. National interest is as ‘live & active’ as our

neighbours because as we cannot change our neighbours

similarly media can not absolve themselves from the

responsibility to protect our national interest. Pakistani media

has a role to play and they must play it honestly considering it

their faith professionally as its their ‘bread and butter’ and

perfectly as it’s their work which distinguishes them from the

other comparators in the international market. However, sitting

on chair and grilling few politician of present and past and

doing a ‘monkey show’ our national and strategically historic

problems are not going to solve but that time waste may cost

the state a lot. So Pakistani media must wake up, and warn the

nation of their requisite task and shake their humanity by

hitting the nail aright as china is in trouble and is asking for

help. So wake up Pakistani media, you have a job to do.

Dated: 16 May 2008

Double standards: Musharraf does not need a safe passage

but a fair trial

18th August resignation of General (Rtd) Pervez Musharraf

was the first good thing he has done in many years believing

‘Pakistan first’. Nation was jubilant, lawyers at peace and

media calmly letting him go, however, political classes are still

unsure on how to manipulate the maximum advantage to this

joyful experience. Testing nuclear in a tit for tat was seen as

the most memorable and historic event when the nation was

overjoyed, but the announcement of ‘Kala Bagh dam’ followed

by freezing foreign assets divided public opinion so as the

mind of investor as the timing of both was wrong. Similarly

ouster of President Musharaf from his occupation of top slot is

a favourite moment to start a new Pakistan, but political forces

never could learn to manipulate and multiply nation’s

happiness just by feeling the pulse. People wishes the

accountability of the man who ruined the institutions, damaged

the federation, created distrust amongst provinces and above all

endangered the national security of Pakistan. What stops this

man to be on trial is the weaknesses of our elite rulers. Of

course west would wish to allow this man to go scot free as

using his 9 years experience or alternately bringing him to face

the court of law would both advantage Pakistan as a state,

which they would not wish. Musharraf’s safe exit would keep

him safe for future for his masters alone, not for the country.

Its ironic when we compare with what Mark Layall Grant a

former British envoy did in order to ease the sufferings of

Pakistani President to the very treatment his country gives to its

own notorious. In his own land, Ministers are brought to justice

and accountability before Parliament indiscriminately without

fail. A few glimpses will suffice to give a full picture. Their

General Oliver Cromwell was tried after his death in 1661 for

overthrowing Parliament. In autumn 1660 parliament ordered

the exhumation and posthumous execution of several regicides

and in January 1661 Westminster Abbey was searched for the

remains of Oliver Cromwell and others. Three corpses were

duly produced and conveyed to Tyburn, where they were

hanged and his body was left at the public place for years as an

example.

In July 2001, a Millionaire novelist and Tory member of House

of Lords Lord Archer had been jailed for four years after being

found guilty of perjury and perverting the course of justice.

The jury found him guilty of lying and cheating in his 1987

libel case against the Daily Star. The verdicts were unanimous

on each count. Lord Archer, who was ordered to pay £175,000

costs within 12 months, was told by the judge he would have to

serve at least half of his sentence. Furthermore, In January

2001, The career of Peter Mandelson at the highest political

level appeared to be over after his resignation from the cabinet

for an unprecedented second time. Mr Mandelson admitted that

he had made misleading statements over the passport

application of controversial Indian billionaire Srichand Hinduja

known as Hinduja Brothers but denied he had done anything

wrong. Mr Mandelson was first forced to quit from the cabinet

in 1998 after failing to disclose that he had secretly received a

£373,000 loan from his then fellow minister Geoffrey

Robinson to buy a house in London. Peter Mandleson resigned

in the first and second leg of his Ministerial position for not

declaring his loan to the Parliament and for giving misleading

statement. In December 2004, David Blunkett quit as home

secretary after an e-mail emerged showing a visa application

for his partner’s nanny had been fast-tracked. David Blunkett

had to resign as the e-mail had said “no favours but slightly

quicker”. Mr Blunkett said he had not been aware of its

contents and insisted he had done nothing wrong. But he said

questions about his honesty had damaged the government.

UK believes that courts must remain free to dispense justice

otherwise there will be endless feud between the four provinces

who speak different languages and share a unique heritage and

culture. However, the standards they expect abroad are

different for other countries where they would expect their

jailed citizens to get pardon as arms can be twisted as was the

case in Mirza Tahir Hussain as there were doubts about free

trial and free judiciary in Pakistan until Mr. Iftikhar Choudhary

came to salvage that status. Whereas no person or state can

pressurise the West to interfere their own judicial system and

many are detained in Guantanamo Bay without trial and Dr.

Afia Siddiqui at USA soil. Pakistani authorities always caved

in without asking as they devise ultra constitutional measures

to avoid involving judiciary hardly knowing that they

themselves are undermining the importance of the respect of

higher judiciary. In USA though all are quiet on the

impeachment of the President Musharraf but they would love

to see their Nixons and Clintons to face impeachment if the

matter is that grave.

These countries have double standards on the issue of

democracy, free judiciary and accountability as they would

sack their ministers for over claiming train tickets but would

love to seek ‘reconciliation ‘ for the corrupts of others only to

save the principle for future for their own national interest. Our

politicians under the cloud can easily play double agent role

and can serve them well if the time comes, but at no point our

politicians think what is in the best interest of Pakistan. Free

and independent judiciary is the core of the demands to curb

militancy and political process and democracy is the way

forward to curb extremism in our views and attitudes. Its the

shuffling of the good with the bad and rooting out the criminals

through independent judges from the political arena keeping

army at guard is the only way the system can work. Pakistan’s

military has sniffed 4 times the fragrance of power, they have

assumed the sovereignty of the state more than 40 years out of

around 61 years of short life of the country. Its difficult to

snatch the peg from the military in this Raleigh race however

with wisdom, consultation and joint collaboration its possible

to preach sanity. If judges are not restored at this juncture in

time, the people of Pakistan who have lost trust on the

politicians will lose hope too.

There must at least be one trial of General Musharraf for all

charges, he must face it and if found guilty he must be

sentenced to what he deserves under the law. Only then the

pardon issue arises and if not pardoned this ‘endangered

species’ should never be allowed to leave Pakistan. We have

allowed the foreign interference in our own home affairs for

long, and his is the time that the country shows some courage

and declare that the time is gone where Afia Siddiqui’s of

Pakistan were handed over to foreign country without due

process of law, without judicial oversight and in the absence of

any extradition treaty, for some dollars. Its time that the local

courts are given the respect it deserves. Full court must hear the

case of General Musharraf at least for once. If UK hangs their

only dictator General Cromwell even after his death, why

Pakistan does not deserve to at least put the man on trial who

have brought miseries by sacking and detaining free minded

judges twice, sending President home, arresting former

premier, sacking parliament, imposing emergency twice,

killing Baloch leader Akbar Bugti, allowing Be Nazir to die a

few miles away from his home due to lack of security,

operation in the capital on a mosque, retaining Uniform in

politics, allowing missiles to fall in tribal areas at will, and for

selling hundreds to CIA for a few million dollars. At least,

Pakistanis deserve to see him on a trial. And even the enemy

deserves a fair deal so he must be given a fair trial, secured

entry to court, a lawyer of his own choice and time to get

evidence to defend himself. Critics believe that, by mere

hollow speeches this Nero of Pakistan is not going to be a self

declared saviour. Long live Pakistan.


Pakistan deserves better

On Defence day of Pakistan elected representatives of Pakistan

will choose their next head of state who is originally a

figurehead, a ceremonial position but General Musharraf armed

it with deadly powers of sacking the parliament and bossing the

army chief. Looking at a few clauses relevant to such election

Article 41(2) says as following: (2) A person shall not be

qualified for election as President unless he is a Muslim of not

less than forty-five years of age and is qualified to be elected as

member of the National Assembly. Article 62 narrates

qualification and clause (d) says that he is of good character

and is not commonly known as one who violates Islamic

Injunctions; and further more clause (f) says that he is

sagacious, righteous and non-profligate and honest and ameen;

(g) he has not been convicted for a crime involving moral

turpitude or for giving false evidence; and Article 63 details

disqualifications where clause (h) says that he has been

convicted by a court of competent jurisdiction on a charge of

corrupt practice, moral turpitude or misuse of power or

authority under any law for the time being in force;

Looking at this when Mr. Zardari is proposing himself for the

top slot there are many reservations. First of all, his party and

nation deserve a better choice at this role of a fatherly figure of

a nation of 160 million people. He is young and can play a

better role in Parliament representing his party. As his party is

forming government and if he captures this place, it will be

difficult for him to avoid conflict of interest which his party

promised to avoid in a Charter signed by two top parties of the

country. The head of federation is a ceremonial role requires

the one to be fair, and independent without party loyalties, it

will be difficult for him to continue his co- chairmanship of the

party being head of the state as Pakistanis suffered at the hands

of General Musharraf who sided by Q league but coalition

could have produced better results.

Secondly it will be difficult for him to ensure compliance on

‘Charter of Democracy’ once he will be in a position of

unbridled power of 58(2)b to dismiss assemblies and has a

power to appoint Chief of Armed forces, in that event it is

likely that Parliamentary sovereignty will become a dream.

Thirdly, if there are criminal investigations internationally

carried on, halted or disposed off for the time being still it will

haunt the man and wherever he will travel as head of the State

these stories will follow giving unnecessary bad name and will

ridicule the office of the president as well as putting his

government on the back foot. Finally the job requires a

political consensus as a figure head of the state must remain a

ceremonial position and must be brought by consensus though

I agree that the ruling party or coalition must have a major say

in it.

Looking at all above, I feel Pakistani nation would be much at

ease if PPP had reviewed their nomination and jointly could

have saved the coalition to come up to the challenges Pakistan

is facing which include to bring about a change in common

man’s life, true parliamentary military free democracy, rule of

law, and justice in the country and create a trust between power

brokers of the state. The way things are developing though his

contracts may not be holy but the value of his words will be

lost if he continues backing out of his written memorandum of

understandings with his colleagues. Soon this trust deficit will

overpower any dialogue he imitate in future as no one will sit

with him as his words will carry a little value and how the

international community reacts on his statements when he signs

any agreement with them will be crucial too so he needs to

keep his credibility intact if he wishes to survive politically.

Military dictatorship has long seen the power in Pakistan and

its time that a man of clean record, sober approach with

political consensus is brought so that coalition or two major

parties along with smaller parties get on with the real job firstly

to restore sacked judges, eradicate the evils by repealing 17th

amendment and work together to make Parliament sovereign.

This is the time for the political forces to show that they are

able to muster political advantage through a genuine political

process. People of Pakistan have always delivered whenever

they are given an opportunity whether it is 1947, 1971 or 18th

February 2008. If the politicians fail now then country will

revert soon to longer spells of military dictatorships, shorter

civil rule followed by accountability of politicians on the name

of corruption and nexus of military and judiciary. Political

consensus and joint collaboration is the key if they wish to save

the civil system, ensuring a sovereign parliament with an

independent judiciary. Powerful Parliament instead of the

puppet government must be the aim of like minded pro

democracy politicians if they genuinely desire to embark on

solving genuine problems of foreign policy, price hike,

international food shortage and stability via economic

revolution & political reforms. I am afraid as things are moving

the current Parliament in last 6 months has not initiated any

concrete debate on the issues confronted by the State and its

people and an era of 90’s is on the door inviting another

general to do a speech as a result of the failure of the

politicians and policy of confrontation and I bet there will be

sweets all around and Musharraf will start looking better and

who will be responsible for all that is a million dollar question.


Mumbai attacks, a wakeup call for both arch rivals

Recent 26 November Mumbai shoot out which is decaled by

some as India’s 9/11 though is condemnable, but this symbolic

attack on western outlets of Taj and Oberoi has a double edged

consequences. On one hand it unfolds the destruction in the

commercial hub of India and on the other an opportunity

where India, Pakistan and USA attempting to use this event for

their own strategic advantages ignoring the basic fact that the

catastrophe has far reaching repercussions for the peace

initiative in the region. Indian security failure is floating on the

surface and historic rivalry has forced India to deny any lapse

and refuse intelligence share and it leveled allegations

forthwith on Pakistani home grown LeT which was an easiest

target, if one is familiar with Indo Pak relations. India at all

times will have a few people set to rock and roll due to LeT’s

past presence in Kashmir on the name of ‘struggle for

independence.’ Though its pre mature to establish the true

perpetrators behind in the absence of joint or UN mission

investigation but it’s an eye opener how fragile is the security

of India which claims to be the biggest economic cum military

power in the region, but has been meagerly kneeled down by

around 10 outlawed individuals in few hours which raise eye

brows on country’s safety procedures on its nuclear command

and control. Their concentration must be to stop any future

Mumbai style attacks and the key is to counter the far right

activities of RSS and VHP, and move forward towards true

emancipation of its people by addressing Muslim & Christian

minority treatment concerns and a viable solution to the bone

of contention ‘Kashmir’. Unless the situation is improved

where Washington plays a role to pave way for an Indo-Pak

peace deal where EU, China, Russia are on board to add

economic incentives and geographical advantages, these

rivalries will continue. These attacks whether it’s at Marriott

Islamabad or Taj at Mumbai will continue as both countries

since its inauguration in 1947 have locked horns in

intelligence warfare and RAW and ISI both are fighting this

war to its own strategic advantages.

Looking at the situation in the region it’s the safety & security

and supply to US soldiers in Afghanistan which seems

paramount and takes precedence in this whole fiasco which to

me, has stopped this war and further escalation. Indian military

advisors are concentrating on giving options to its leadership

of attacks on training camps of LeT or MDI at Murreedke and

Muzaffarabad, concentrating large scale troops on the eastern

border, air strikes inside military installation of Pakistan or

naval blockade of Karachi port which all are countering

complications. They intend to manipulate the hot pursuit

opportunity, the venue which is opened by the precedents of

US drone attacks on western borders of Pakistan, it requires

bravery and political will. Whereas Pakistan is ready for it as

they can digest friendly fire of its ally, but cannot ignore a

single missile of its arch rival India which will spark frenzy in

its public if it ignored. Its intelligentsia has more or less

unanimously withdrawn unilateral non nuclear combat

statement of President Zardari too which has a military

backing, so they are ready to rock and roll with all its potential

to defend its soil.

India so far is surviving with the diplomatic process and

complaints to USA, in the absence of any concrete intelligence

sharing mechanism, its unwillingness to involve UNO, far

reaching complications if they go to war and USA’s strategic

disadvantages if Pakistan pulls out from Western border, but

small scale skirmishes cannot be ruled out. Pakistan though is

resilient to pull out around 100,000 troops from western

border risking the onslaught on supply lines which has far

reaching consequences the way war of terror will be fought in

future in the region, thus it is acting as a deterrent to avoid

conflict too. This will also bring parties to table to redraw

country’s contribution towards its future role addressing its

concerns. Though US may shift some of its supplies and

logistical dependency to central Asia but it will be far

expansive and will require old rival Russia’s support which

requires time to activate and Russia can manipulate to its

advantage too in the time of need.

It also supports the philosophy that Pakistan can only be

governed and run by Pakistanis only as any attempt by

outsiders will not only unite this crowd of 160 million into a

nation but will lead to a general revolt against any civil Govt

who is in support of the Westerners. It will increase

radicalization at 180 degrees and will raise global Muslim

support against it. Unfortunately, any invasion will cause to

increase the terrorism by non state actors and jihadi

organizations that are under no control. With more than 160

million people, Pakistan which has four times the population

of Afghanistan or Iraq, twice of Iran, two thirds the population

of the entire Arab Middle East and above all nuclearly armed

one of the powerful armies in the world needs little tip on the

shoulder for their contribution in the war on terror. Pakistan

faced more deadly suicidal attacks than any country since 9/11

in any one calendar year around 100 in 2007 alone. It lost over

1200 soldiers in a war which was brought to its soil by the

foreigners. Its people are restless at western borders where

India milked the situation by 500% increase in its consulate

presence in Afghanistan and left no opportunity to weaken Pak

control in FATA and still India is crying wolf.

In the Western region of Pakistan, the history tells that without

the support of local people and the Pakistan’s military no war

can be won. India either must understand the tenacity of the

situation and come clean with a viable solution to Kashmir and

improve its human rights record on minorities where in 2002

alone around 5000 people died in Gujarat and international

silence amounts to criminal negligence and their groups like

RSS and VHP continue to raising funds even from Britain in

order to erect ‘Ram Mandar’ in place of Babari Mosque in

Ajodhya. With this mind set where India remains in a denial

mode to accept the sovereignty and security of Pakistan as a

viable neighbour in order to avoid headlines on their own

internal instability due to separatist movements in India, and a

61 years old home grown Kashmiri insurgency for a right of

‘self determination’ in full swing begs the question whether

war is the ultimate solution to put this matter to rest or peace

could pave way for these old rivals to live like normal

neighbors who solve their issues through a powerful dialogue.

Of course this region is fertile enough to have similar incident

here and there like Marriott and Taj/Oberoi and outside

interference is so ripe that any attack, at any particular time

can spark media frenzy to bring them both from the table talk

to the brink of war but it’s their own leadership’s wisdom

which can foster bilateral peace initiatives and resolution to

their bilateral issues such as Kashmir and emancipation of

minorities who are slaughtered at the hands of religious

fanaticism which hinder progress of both countries and its

people. Time has come that India stops running its elections on

war issue with Pakistan and run it on poverty, peace,

Kashmir’s future and housing, health and employment as India

still is poverty stricken despite its economic growth. Pakistan

too does not afford military hype and it needs to concentrate

on freeing judiciary, attaining true democracy where

parliament is strong and people’s inclusion. As it stands Indian

war slogans and civilian leadership’s inefficiency to jointly

work on so called ‘charter of democracy’ have contributed to

open the old log book where longer military regime shorten

the civilian rule and make civilian rules accountable for their

mal administration & corruption with the aid of a nexus

between military generals and judges.


Hot pursuit or breach of territorial integrity in Pakistan

Pakistan is, yet again, paying the price for flirting with the

United States, who itself has not learned anything from the

Russian invasion of Afghanistan. Now Pakistan finds

itself between a rock and hard place, and is viewed by many as

giving too much to the Americans, who in turn, want nothing

else but more and more from Pakistan, hence, the unilateral

incursions into Pakistan's sovereignty. Qasuri ex Foreign

Minister confirmed some understanding on silently bearing

with US predator attacks and possible limited Pakistani protest

over it without physical action, but that policy does not have

political and public backing.

These attacks, whether by way of missiles or land operations,

are fatal to any principle of sovereignty because they not only

establish the impractical notion that "might is right", but also

expose a deficit of truth amongst the operators of the war on

terror in the international arena. Saudi Arabian King Abdullah

rightly pointed out some intelligence failures and lack of

cooperation in this arena and insisted on the need for

international joint intelligence to combat this menace affecting

us all.

The principles that guide this area, the UN Charter, were set up

to avoid war, to reaffirm faith in human rights and to establish

conditions under which justice and respect for the obligation of

treaties can be maintained. Tolerance is the key to the UN

Charter and makes evident the agreed prohibition of armed

forces, save in the common interest. Article 2(4) of the UN

charter says that "All members shall refrain in their

international relations from the threat or use of force against

the territorial integrity or political independence of any state, or

in any other manner inconsistent with the purpose of the United

Nations."

When we see the US incursions and attacks at Bajaur and

Dama Dola in 2007 and especially when we see the one ground

operation at 'Angoor Adda' on the morning of 4 September 08

in the tribal areas of Pakistan where US guided special forces

killed many civilians based upon faulty intelligence, and the

high value target, as usual, was missed. These attacks mock

international law and such forums of the people of less

privileged countries. These unilateral attacks may support US

policy internally in their drive to widen the net, but unilateral

attacks are counterproductive and are failing to alienate AL-

Qaeda from the mainstream. These attacks also gather the

opposition of millions of Pakistanis at home and abroad who,

as if mired in an addictive love-hate relationship, see the US as

an unavoidable influence for Pakistan.

It is obvious from the record that such attacks are not rare.

President Clinton authorised such action in 1993 against Iraqi

intelligence facilities, and in 1998 against terror camps in

Afghanistan and Sudan. President Ronald Reagan authorized

such attacks in Libya. Now in July 2008, there is US

presidential authorisation, in a further and refined extension of

this US position, to attack the Tribal areas of Pakistan. It will

be difficult for the US to gather support internationally if such

behaviour persists. The US stepped up its cross border

operations on the premises that Pakistan is either unwilling or

unable to root out the terror network. In 1999, the General

Counsel of the US Department of Defence assessed legal issues

in "information operations states", and has interpreted

international law to authorise unilateral action under the

following circumstances: If a neutral nation is unable or

unwilling to halt the use of its territory by one of the

belligerents in a manner that gives it a military advantage, the

other belligerent may have a right to attack its enemy in the

neutral's territory. There is no sound legal backing by the

community of nations on that legal assessment and such

tendencies are disastrous in results. However, based on that

analysis, US defence Secretary Robert Gates in September

warned of hot pursuits to chase the Taliban into Pakistan as a

guarantee for the safety and protection of his own soldiers from

Pakistan, who itself is at the receiving end of US "civilian

collateral damage" and also of those being hotly pursued.

There is no doubt that 9/11 was the most tragic incident in this

decade which carried forth so much hatred and vengeance

along with it, and brought the ancient civilisations into a clash

where tolerance and forbearance became lost somewhere down

the line. The Pakistan Army has lost over a thousand soldiers

as a result of its active participation in the northern border

areas of Afghanistan. According to present reports the lives of

more than 400,000 civilians in the seven agencies of Fata --

including South, East Waziristan, Orakzai, Kurram, Bajaur,

Mohmand and Khyber agencies -- are directly affected by this

ongoing war on terror. The lives of 450,000 people in the four

districts of the NWFP including Sawat, DI Khan, Hangu and

Tank have also become worse due to the operations of the

army. Sources say that 80,000 Frontier Corps and 40,000

infantry troops are manning 1100 check posts, which is the

ordinary duty of the police. Sources claim that public favour

and support of these operations can be achieved only if there

are assurances that this war is being conducted solely for the

security of the country. Thus, unilateral US incursions will

prove fatal uniting even the disassociated ones as the US is

seen more and more as the oppressor. In North and South

Waziristan locals are taking up arms against their own military

personnel. And this new US policy of unilateral attacks is

igniting fires in the lower ranks of military officers whose

philosophy of discipline is to die in protecting the integrity of

Pakistan. Both sides are picking up dead bodies and there is

debris everywhere but no one is willing to discuss and address

the root causes of the arms struggle and the genuine absence of

the political process in these war torn areas and no talk to

replace this with aid package, land mines to stop infiltration at

Durand line, man to man watch on the border and befitting

financial assistance to allies in this task and victims . A way

forward could be a joint Ariel cooperation to stop the

insurgency, aid packages for the affected, a reviving of the

Jarga system in tribal areas, a renegotiating of settlements to

root out foreign elements who are pro Al-Qaeda, winning on

perception, full joint progress on intelligence sharing and

border security maintenance. This way forward could

productively alienate Al-Qaeda from the mainstream Pashtun

population whose hearts and minds the Taliban are trying to

win.

The law, on the other hand, of 'hot pursuit' is a dubious one.

The Hot Pursuit Principle was basically established to chase

insurgents in territories of water and for country A's naval

forces, for example, to chase criminals who run for shelter in

Country B's waters after committing a crime in country A's

seas. This right was established under Article 111 of the 1982

UN convention, which is mirrored originally in Article 23 of

1958 UN convention both of which establish rights of nations

on the sea. Yet this principle, this "right of hot pursuit", limited

with very tight conditions, is still being employed by ground

and air forces. Countries have in the past used cross border

attacks: Turkey against Kurds in North Iraq last year,

Columbia against 'Farak' rebels seeking refuge in Equador and

Israel taking refuge under the same principle when it attacked

'Hizb Ullah' locations in Lebanon. Analysts internationally

have reservations about the usage of such law and are adamant

that the Hot Pursuit Principle may only be used when an enemy

is physically being chased while entering into another's

territory. When US forces attacked Pakistan last month it was

not chasing the enemy on the ground. Moreover, the US did

not have a clear mandate by the UN Security Council for such

pursuits. NATO did show restraint at the time and

disassociated itself from these US actions, showing a clear drift

away from the US application of international law. Article 51

of the UN Charter addresses the defence of nations and has

many prerequisites requiring "real and present danger" to a

state and where there is no other option but to use the right of a

self defence. Since Pakistan is a non-NATO ally, and a front

line state in the war on terror, there seems no reason for such

retaliatory attacks when both nations are not at war with each

other, but instead, fighting for a common cause. Under

International law, post 9/11, the UN, under Resolution 1373,

binds states to control non-state elements that can endanger the

national security of other states. Whether it is Michael Scarf at

the Council on Foreign Relations or Peter Denison of the

University of Maryland School of Law, they all have a clear

understanding that hot pursuit establishes rules of engagement

at sea. States bear a responsibility to have effective control of

their own areas, not allowing terrorism to flourish. Such states

face UN sanction, if in default.

Winning the heart and minds of affected people is the key to

prevent them from picking up arms against their own army and

supporting the Taliban. Effective diplomacy is needed to calm

the super power to avoid experimental military actions before

their November elections. The US seems determined to find a

high value target leaving dead bodies behind. The resulting

bloodshed could be fatal to Pakistan as a state and dangerous

for the world in general. We must heed the call of Nawaz

Sharif and PPP sensibles who call for a Parliamentary

oversight of US-Pakistan cooperation, and call for a dialogue

with the Pakistani Tribals who has a history of warfare. The

world, and the US, should also listen to the voice of Imran

Khan, a cricketing legend turned politician, who on 25

September whilst addressing US lawyers at Brussels, strongly

criticised the USA's unrealistic "war on terror" and the way this

war is fought. He challenged US strategy on war which is a

counterproductive. Being Pakhtun himself, he highlighted that

Alexander the Great, the Mongols, the Moguls, the British and

the Russians all came to conquer this land. All returned with

empty hands and unfinished business. Mr. Kahn calls for a

review of the current US strategy which is failing to alienate

Pashtun Pakistani people to Al Qaeda and the Taliban and

creating a catastrophe and an up roar in those areas where

millions are homeless as victims. This war can only be won

with unity of thought, collective effort, and joint cooperation of

intelligence, with fast economic activity and packages. Single

handedly, one may attack a few areas in any country using

dubious legality under the guise of 'hot pursuit' and avoiding

the UN National Security Council, but one will alienate oneself

from the international community and may attract many

enemies in return and who knows where they may hit back in

retaliation. I finish with Prophet's companion Hazrat Ali’s

quote that hopeless nations consider an opportunity as a

difficulty, whereas the hopeful one's translate the same

difficulty into an opportunity. This is the time for international

community to consider this knock on their door as a difficulty

or an opportunity to bring peace, justice and humanity in the

world, as opposed to war, catastrophe and bloodshed.


Pakistan is there to live forever

As long as India keeps dreaming the disintegration of Pakistan,

it will survive as a viable state as the very negativity serves the

purpose of knitting this crowd of 170 million people into a

nation. Editor of the Indian Defence Review, Mr. Bharat

Verma writes that ‘new Delhi is its own enemy, when it

permitted the creation of a pure Islamic state on its borders,” I

for one disagree as this state emerged as a result of a successful

struggle for independence by millions of Muslims of India who

felt that two nation theory is the only viable option to preserve

and protect each other’s identity and core values.

Indian Hindus too got liberated after remaining under Moghuls

for over 6 centuries and then British Raj through the same

process due to Gandhi’s vision. Independence was neither

granted through diplomacy, nor as a charity. It was snatched

on the basis of fundamentals of the modern day democracy,

one man one vote’ principle and majority of muslim populated

areas vowed to join the newly established idea of ‘Pakistan’

where they saw security, identity and a peaceful enjoyment of

civil and political rights, and a freedom of religion, culture and

values.

Looking at secular India and its treatment to its minorities, the

wisdom of Mr. Jinnah’s decision is obvious seeing the

situation of Muslims of India. Demolition attempts on Babari

mosque, and Hindu fundamentalists attempted to erect Ram

Mandar satirically smile on the claims of Indian democracy,

equality & secularism. Kashmiri Muslims are at war with the

state since its occupation, and are demanding for an

implementation on UN Security Council Resolution 47 (1948)

where India agreed with the World that question of the

accession of Jammu and Kashmir should be decided through a

free and impartial plebiscite. Kashmiris, instead, are facing

bullets and worst genocide, than to have an opportunity to vote

in a referendum. Riots in Gujrat expose the treatment of Indian

majority to its minority where thousands were burnt alive.

Above all, latest October 2008 episode in Hyderabad where

Hindu rioters killed six members of a Muslim family by

setting fire to their home in the village Vatoli, amongst was a

2-year-old child. Muslim leaders called for better protection

for minorities, and Asaduddin Owaisi, who sits in the lower

house of the Parliament said that “Despite our repeated pleas

and appeals, the government has failed to provide protection to

the Muslims who live in remote areas and who have a very

small population in those places.” This small episode exposes

the state of those unprivileged in India and depicts the mind set

of Hindu majority and answers all the critics of two nation

theory as to why Pakistan came into being. I confess that it

was as a result of a failure of Mr. Jinnah to secure equality &

respect for the Muslims of India from congress.

Mr Verma further wrote in his thesis that, “many conveniently

propose the myth that a stable Pakistan is in India’s favour.

This is a false proposition.” I agree with Mr. Verma that

stable Pakistan may not suit India but stress that it is conducive

to the region and the world in general which takes precedence.

Nuclear armed & secure Pakistan is a guarantee of stability

and a bridge between right thinking powers and ancient

civilizations. When President of Pakistan in his interview with

Wall Street Journal says That, “ India has never been a threat

to Pakistan,” or that “I, for one, and our democratic

government is not scared of Indian influence abroad,” it

transpires an individual thinking, but may not b a majority

view. This view is quite identical to that of new US policy

which is being imported into Pakistani rulers mind set. In my 8

October meeting with US diplomats at London, I heard the

same voices that USA insists that Al- Qaeda, Taliban and

rising insurgents are a real danger to Pakistan’s internal

stability and the World, and Pakistan should perceive that

threat as real other than that of India. USA is hopeful that

unlike Pakistan army, civilian leadership will cooperate and

will share US sponsored view. In response to unilateral

Presidential desire of peace, India has answered by blocking

ten thousands cusecs foot water at Chenab river in violation of

Indus Water treaty which may act as a set back for an

agricultural country and will affect its crops production

capacity. India is also heavily interested to play dirty at the

rear border of Pakistan, and it is sending thousands of troops in

Afghan Pak border and already has a settled presence,

interfering capacity and intention which have a potential of

escalation to a small skirmishes in near future.

Pakistan rightly quests for peace and stability in the region. It

has played twice a major role in the region once to stop

Russian invasion against Afghanistan which resulted in

Russian disintegration and secondly, as a non NATO ally

against Al-Qaeda, an un-faced menace to the world. Its liberal

& conservative mixture is its beauty which has a capacity to

house many languages and cultures within an interesting

heritage. Disintegration of one state will be followed by others

as it will set a principle that no components can survive in a

Federation in the region, in return in the world. The world saw

Russian disintegration as a result of an unlawful invasion,

which is a lesson for all. Economic stability is not the only key

to survive in statehood, as trust, treatment and neighbours

guarantee the future sovereignty of any state. Both India and

Pakistan are at a crossroad, they must learn to live with each

other, if not friends, as past enemies. They should live fairly

keep their own strategic positions intact on ‘live and let live

principle’. A little shift in equilibrium, will guarantee the

disintegration of both. Sometimes, warming one’s hands in

enemy’s fire can cost a lot and India is just doing that by

meddling in Pakistani areas in difficult times and by sending

its troops in Afghanistan. Pakistan is there to survive and is

ready for its enemies at their waterloo.


From Lahore to Islamabad

Pakistan and India went through a lot from Lahore to

Islamabad in between 21st February 1999 to 5th January 2004.

People of both countries suffered even more.

In 1999 Mr. Vajpaee visited Lahore on the invitation of an

elected Prime Minister with 2/3 majority who was willing to

take bilateral relations on to a new route. From 19999 to 2004

Mr. Vajpaee remained at the same position even after

dismissing his top military aides as India a strong democracy

with a top judiciary as a back up believes in people’s power.

They rewarded their nuclear scientist Mr. Azad by appointing

him on the highest Constitutional position. Whereas, in

Pakistan Mr. Sharif went through hell for even thinking about

it and we should not even discuss the state of Abdul Qadeer

khan. That tells the sad story of democracy in Pakistan where

power lies in military, accountability is improvised as a ‘tool of

revenge’ and justice is delayed up to the extent where it looks

that ‘justice is denied’. I believe that was not the vision of

dying founder of Pakistan in 1948 or the Quaid e Awam who

gave Pakistan the strength and nuclear power to bring matters

nearer to resolution on equal level.

The journey which PM Sharif started in order to resolve issues

with India was restarted by General Musharaf. If we see the

Islamabad Declaration closely, we read the following:

Islamabad Declaration

“The President of Pakistan and the Prime Minister of India

met during the SAARC Summit in Islamabad. The Indian Prime

Minister while expressing satisfaction over the successful

conclusion of the SAARC Summit appreciated the excellent

arrangements made by the host country.

Both leaders welcomed the recent steps towards normalization

of relations between the two countries and expressed the hope

that the positive trend set by the CBMs would be consolidated.

Prime Minister Vajpayee said that in order to take forward and

sustain the dialogue process, violence, hostility and terrorism

must be prevented.

President Musharraf reassured Prime Minister Vajpayee that

he will not let any territory under Pakistan’s control to be used

to support terrorism in any manner. President Musharraf

emphasized that a sustained and productive dialogue

addressing all issues would lead to positive results.

To carry the process of normalisation forward the President of

Pakistan and the Prime Minister of India agreed to commence

the process of the composite dialogue in February 2004. The

two leaders are confident that the resumption of the composite

dialogue will lead to peaceful settlement of all bilateral issues,

including Jammu & Kashmir, to the satisfaction of both sides.

The two leaders agreed that constructive dialogue would

promote progress towards the common objective of peace,

security and economic development for our peoples and for

future generations.”

Now in order to compare the above declaration, we will have to

see where the state was in 1999 as far as the stance of Pakistan

is concerned. The Prime Minister Sharif also took some

promises & discussed some issues and resumed dialogue which

was hurdled by the events of ‘Kargil’ where the people of

Pakistan suffered once again as a result.

Let us see what was agreed in 1999 between both countries,

Lahore Declaration says following;

LAHORE DECLARATION

“The Prime Minister of the Islamic Republic of Pakistan and

the Republic of India:-

Sharing a vision of peace and stability between their countries,

and of progress and prosperity for peoples; Convinced that

durable peace and development of harmonious relations and

friendly cooperation will serve the vital interests of the people

of the two countries, enabling them to devote their energies for

a better future; Recognizing that the nuclear dimension of the

security environment of the two countries adds to their

responsibility for avoidance of conflict between the two

countries; Committed to the principle and purposes of the

Charter of the United Nation, and the universally accepted

principles of peaceful co-existence; Reiterating the

determination of both countries to implementing the Simla

Agreement in letter and spirit; Committed to the objectives of

universal nuclear disarmament and non-proliferation;

Convinced of the importance of mutually agreed confidence

building measures for improving the security environment;

Recalling their agreement of 23 September, 1998, that an

environment of peace and security is in the supreme national

interest of both sides and that the resolution of all outstanding

issues, including Jammu and Kashmir, is essential for this

purpose;

Have agreed that their respective Government:

Shall intensify their efforts to resolve all issues, including the

issue of Jammu and Kashmir. Shall refrain from intervention

and interference in each other’s internal affairs. Shall intensify

their composite and integrated dialogue process for an early

and positive outcome of the agreed bilateral agenda. Shall take

immediate steps for reducing the risk of accidental or

unauthorized use of nuclear weapons and discuss concepts and

doctrines with a view to elaborating measures for confidence

at prevention of conflict. Reaffirm their commitment to the

goals and objectives of SAARC and to concert their efforts

towards the realization of the SAARC vision for the year 2000

and beyond with a view to promoting the welfare of the peoples

of South Asia and to improve their quality of life through

accelerated economic growth, social progress and cultural

development.

Reaffirm their condemnation of terrorism in all its forms and

manifestations and their determination to combat this menace.

Shall promote and all human rights and fundamental freedoms.

Signed at Lahore on 21st day of February 1999.

Muhammad Nawaz Sharif

Atal Bihari Vajpayee

Seeing both the declaration there was a commitment of

resuming dialogue and need to promote confidence building

measures and then onwards peaceful resolution of Kashmir. In

Lahore declaration Pakistan was not blamed for any terrorism

or use of their soil for any such purposes but there was a joint

condemnation of such menace. What is the point of signing

these agreements when they will not be acted upon? If ‘Kargil’

issue had not started we could have developed 5 years long

association with India with a new relationship and

determination to resolve the inherent issues. What happened in

‘Kargil’ is still kept out of the jurisdiction of Supreme Court,

though in Britain on one scientist’s death ‘Dr David Kelly’

Prime Minister Blair knowingly that he may loose his

premiership as a result initiated a ‘Judicial Enquiry’ headed by

Lord Hutton. That is the difference between two democracies

an open, fair and impartial one and a ‘controlled’ one.

Pakistan already enjoys the benefit of UN resolutions on

Kashmir as well as the determination of Kashmiri people who

have lost 75,000 lives and stood firm against the aggression of

600,000 Indian army men. All it requires is to stand firm on the

plight and achieve the unachievable on negotiation table. I

think Former Diplomat, Agha Shahi’s voice is loud and clear in

respect of UN Resolutions and its standing.

If we see those Resolutions we read the following:

UN RESOLUTIONS ON KASHMIR

“Resolution 47 (1948) adopted by the Security Council at its

286th meeting held on 21

st April 1948:

THE SECURITY COUNCIL…

Having considered the complaint of Government of India

concerning the dispute over the State of Jammu and Kashmir,

having heard the representative of India in support of that

complaint and the reply and counter complaints of the

representative of Pakistan,

Being strongly of the opinion that the early restoration of

peace and order in Jammu and Kashmir is essential and that

India Pakistan should do their utmost to bring about cessation

of all fighting,

Noting with satisfaction that both India and Pakistan desire

that question of the accession of Jammu and Kashmir to India

or Pakistan should be decided through the democratic method

of a free and impartial plebiscite,

Considering that the continuation of the dispute is likely to

endanger international peace and security.

Recommends that the government of India and Pakistan the

following measures as those which in the opinion of the council

are appreciate to bring about a cessation of the fighting and to

create proper conditions for a free and impartial plebiscite to

decide whether the state of Jammu and Kashmir is to accede to

India or Pakistan.

The Government of India should undertake that there will be

established in Jammu and Kashmir a Plebiscite Administration

to hold a Plebiscite as soon as possible on the question of the

accession of the State to India or Pakistan.”

In August 1948 a further resolution was passed in security

Council.

“Resolution adopted by the United Nations Commission for

India and Pakistan on 13th August 1948:

PART 1: CEASE-FIRE/ORDER

PART2: TRUCE AGREEMENT

PART3: PLEBISCITE

The Government of India and the Government of Pakistan

reaffirm their wish that the future status of the State of Jammu

and Kashmir shall be determined in accordance with the will of

the people and to that end, upon acceptance of the Truce

Agreement both Governments agree to enter into consultations

with the Commission to determine fair and equitable conditions

whereby such free expression will be assured.

3. Resolution adopted at the meeting of the United Nations

Commission

1. Resolution 122 (1957) adopted by the Security

Council on 24 January 1957:

THE SECURITY COUNCIL

Having heard statements from representatives of the

Government of India and Pakistan concerning the dispute over

the State of Jammu and Kashmir.

Reminding the Governments and authorities concerned of the

principle embodied in its resolutions 47 (1948) of 21 April

1948, 51 March 1951, and the United Nations commission for

India and Pakistan resolutions of 13 August 1948 and 5

January 1949, that the final disposition of the State of Jammu

and Kashmir will be democratic method of a free and impartial

plebiscite conducted under the auspices of the United Nations.”

When we listen to the last speeches of Indian Prime Minister

Nehru, even he was agreed to hold a ‘plebiscite’. I think our

rulers need to read those speeches from Foreign Office

archives.

The will of Kashmiris is paramount in any of the future

settlement of Kashmir dispute. That ‘will’ can be respected

more by a duly elected government and its representatives who

themselves value the cost of a vote. Any person who does not

have a clue of the value of vote can never understand the value

of ‘plebiscite’.

In Pakistan a common phenomena has developed that one or

more institutions are superior to the whole system. Power

belongs to institutions that are where the battle is lost, as in

reality, power lies with the people of Pakistan and Sovereignty

with God Almighty that principle if lost will have devastating

effect for coming generations.

Now Pakistan is on a cross road of decision making

process, people who opposed Sharif could neither win

‘Kargil’ nor could invade ‘Delhi’, they now realise that

shooting gun in the air is lot more easier to start a conflict

but resolving it on a negotiation table is much difficult.

Prime Minister of a country has a responsibility, a

Pakistani PM has 140 million people on top of several

hundreds of 22 grade officers including High

Commissioners in more or less 54 countries as well as

responsibility of a ‘nuclear capability’ and ‘enemy on

borders’. That responsibility can not be given to one man

as according to a famous quote ‘decision of wars can not

be left solely on Generals’.

Pakistan is an ideological state, in modern days conflicts can

never be resolved through Wars. It should not be considered a

weakness, but a reality. Since 1986 ‘Kashmir’ as an issue got

projection as far as it could. Then comes the dialogue which if

derailed in Bhuttoo’s regime was startled in Sharif’s. It would

have been lot more easily to resolve it or bring it near to

resolution only in an elected government’s time. All other

efforts will not only lack legitimacy but uncertainty of future

guarantees soon the matter comes before an elected

government.

Pakistani rulers in the past has behaved in a way as if they will

never get out of that chair of power so is the behaviour of

today’s rulers who think that passing time is the need of time in

the best interest of the country. When one passes time illegally

each minute and second count and affect the sovereign of the

state, as each second one passes is not devoid of humiliation

and inner weakness of not being able to put it right.

Pakistan’s judicial system if stronger can only guarantee the

smooth running of the Parliamentary system but both PM’s in

their two reigns could not achieve that ‘unforeseen strength’

which a democracy achieves by strengthening the Parliament.

Ms. Bhutto left a lasting memory by appointing Mr. Ahmed

Saeed Awan as High court Judge when he was a former

Minister and had recently lost an election, In an other regime,

NAB chair interfered in Judicial matters when High Court

ruling was expected in Ms. Bhutto’s trial where two of the

judges had to resign and Supreme Court quashed the

conviction.

I reiterate, Rule of law has its own price and at this moment

Pakistan desperately needs a ruler who can make rule of law a

distinctive feature of his governance and initiate a ruthless

accountability process which include along with others

‘judiciary’ and ‘military’ as ‘all citizens are equal in the eyes of

law’ and he at least intends to eradicate all the evils in civil

society and ensure justice at the door step of a common man.

Justice delayed is justice denied and Justice should be seen to

be done at least in an Islamic Society.

Dated: 22 January 2004

In the line of fire: A critical analysis

The sitting Chief of Army Staff General Musharaf has broken

service rules as well as official secret Act and he may have

breached his two oaths by writing about the most sensitive as

well as matters of national showing his superfluous strength in

his book ‘In the Line of Fire’ In particular he has written about

following:

• Pakistan’s nuclear capability whether it was operational at

the time of Kargil incident or not;

• Abdul Qadeer Khan’s alleged role in nuclear proliferation

without him available to defend thus tarnishing his

character and gaining publicity for himself;

• Writing about his role That he made PML(Q) being under

oath not to indulge in politics as chief of army staff and

being neutral as President;

• accepting that he agreed to be part of military campaign

against Afghanistan on Richard Armitage’s threat via DG

ISI to bomb Pakistan if they refuse, giving in to demands

upon threat thus departing from core Islamic values of faith

and discipline;

• handing over US wanted personnel’s for millions of dollars

thus accepting to override the judicial scrutiny and present

them to other states without due process of law and judicial

oversight.

I must say that my close scrutiny of his office’s oath gives a

very clear reading. Article 42 of the Constitution of Pakistan

1973 relevant paragraph of the oath of President (third

Schedule) says as following: “That I will not allow my

personal interest to influence my official conduct or my official

decisions”. It further says in the last para, “And that I will not

directly or indirectly communicate or reveal to any person any

matter which shall be brought under my consideration or shall

become known to me as President of Pakistan, except as may

be required for the due discharge of my duties as President”.

Article 244 of the Constitution of Pakistan 1973 (third

Schedule) in respect of the relevant paragraph of the oath of

COAS says as following,” That I will not engage myself in any

political activities whatsoever and that I will honestly and

faithfully serve Pakistan in the Pakistan Army (or Navy or Air

Force) as required by and under the Law”.

Now if we see the ‘THE OFFICIAL SECRETS ACT, 1923

[Act No. 19 of 1923 dated 2nd. April, 1923]1 ’ of India which

is identical to Pakistan as Pakistan’s criminal jurisprudence is

based on British colonial law in order to see the regional view

on OSA, it says at para 5 as following:

“5. Wrongful communication, etc., of information

(1) If any person having in his possession or control any

secret official code or pass word or any sketch, plan, model,

article, note, document or information which relates to or is

used in a prohibited place or relates to anything in such a place,

13[or which is likely to assist, directly or indirectly, an enemy

or which relates to a matter the disclosure of which is likely to

affect the sovereignty and integrity of India, the security of the

State or friendly relations with foreign States or which has been

made or obtained in contravention of this Act,] or which has

been entrusted in confidence to him by any person holding

office under Government, or which he has obtained or to which

he has had access owing to his position as a person who holds

or has held office under Government, or as person who holds

or has held a contract made on behalf of Government, or as a

person who is or has been employed under a person who holds

or has held such an office or contract-

(a) wilfully communicates the code or pass word, sketch,

plan, model, article, note, document or information to any

person other than a person to whom he is authorised to

communicate it or a Court of Justice or a person to whom it is,

in the interests of the State, his duty to communicate it; or

(b) uses, the information in his possession for the benefit of

any foreign power or in any other manner prejudicial to the

safety of the State; or

[(4) A person guilty of an offence under this section shall be

punishable with imprisonment for a term which may extend to

three years, or with fine, or with both.]”

I am sure Defense Ministry as well as Supreme Court will

carefully examine the book and those oaths taken and their

wording subjectively and objectively as well as service rule to

see if the book has opened a Pandora’s box and there is any

issue of compromising national integrity & security and

sovereignty by disclosing material facts of confidential and

highly sensitive nature which came to the possession of the

writer in his official capacity. If that’s right, then necessary

action must be taken to preserve rule of law in Pakistan in

respect of this book and conduct of the writer which is already

under criticism in intelligencia and higher circles of Pakistan

and abroad. But here we are confronted with an entity which

seems to be above the law, something supra constitutional in

nature and meaning. Question for all is ‘Who will bell the cat’ I

guess it is public who needs to mobilize and as Shakespeare

said in hamlet, ‘to take arms against the sea of trouble and by

opposing end them’

I feel the time requires the CJ of Supreme Court of Pakistan to

form a ‘Kargil Commission’ headed by CJ and 11 non LFO

judges of Supreme Court who are assisted by amicus including

4 former COAS and 4 DG ISI’s on military matters and they

must find truth within 3 months. India is renewing their

nation’s father’s belief of ‘truth ’ and ‘ non violence’ why can’t

we find truth being a Muslim State who believes in truth, unity

faith and discipline and yet to learn lessons after loosing its one

limb in 1971.

Dated: 06 June 2008

Plane hijacking a serious crime

Mian Nawaz Sharif became a victim of Plane High Jacking

case in October 1999 when he sacked his Chief of Army Staff.

Gen. Musharraf who was travelling in a plane which was

coming from Colombo meant to land at Karachi where it was

not allowed to land and was diverted to Sakhar a city of Sindh

Province. Mian Nawaz Sharif’s Government was dismissed by

which authority people of Pakistan has not yet determined,

despite the fact, that they have the protection of Article 6 of the

Constitution of Pakistan 1973.

Article 6 of the Constitution of Pakistan says, ‘(1) Any person

who abrogates or attempts or conspires to abrogate, subverts

or attempts to conspire to subvert the Constitution, by use of

force or show of force, or by other unconstitutional means,

shall be guilty of high treason.’

As a result Provisional Constitution Order (PCO) number 1,

was issued in October 1999, which provided that all courts

functioning at the time of the coup would continue to operate,

but that no court would have power to issue orders against

General Musharraf or any person exercising powers or

jurisdiction under his authority. As a result of this decree,

government directives and ordinances under the PCO no longer

are subject to judicial review, including the Legal Framework

Order (LFO), which brought about fundamental changes to the

Constitution. President Musharraf further undermined the

independence of the judiciary when he ordered that all

Supreme Court, Shari’a Court and Provincial High Court

justices take an oath to uphold the PCO that brought the

military into power. Low salaries, inadequate resources, heavy

workloads, corruption and intimidation by political and

religious pressure groups contributed to judicial inefficient,

particularly in the low courts.

The Musharraf regime controversially removed then Chief

Justice Mr. Siddiqui and Five Supreme Courts judges after they

refused to swear a fresh oath under the new Provisional

constitutional order enforced by the military following the

coup.

On January 17, 2004, similar incident was repeated, a plane

carrying Tehmina Doltana a senior Muslim League (N) figure

along with other Parliamentarian was meant to attend the joint

session address of President Musharaf in Islamabad. That plane

was diverted against its participants will towards Peshawar. It

resulted that senior Muslim League figures were deprived the

opportunity to take part in their protest in the Parliament

against the speech of a serving General who has taken vote of

confidence as a President of Pakistan.

They wanted to protest that for one single human being, the

whole Constitution of Pakistan is halted. Art 63 clause which

prohibits a serving Government officer to take Constitutional

position is suspended till 31st December 2004 as a result of

MMA, Q league agreement.

People of Pakistan are confused at the circumstances and

question that why their representatives are deprived of their in

born right to protest and speech.

Their plane diversion though may be classed as criminal in

nature keeping in mind the ‘Plane high jacking case’ but in

civil context an act showing blatant disregard to the core

human rights protected by the national and international

instruments. It is challengeable under international instruments

such as European Convention on Human Rights. Article 10 of

the European Convention on Human Rights 1950 provides, “

Everyone has the right to freedom of expression. This right

shall include freedom to hold opinions and to receive and

impart information and ideas without interference by public

authority and regardless of frontiers. This Article shall not

prevent States from requiring the licensing of broadcasting,

television or cinema enterprises.”

This right is similar to that of article 19 of the Constitution of

Pakistan. Art.19 says, “Every citizen shall have the right to

freedom of speech and expression, and there shall be freedom

of the press, subject to any reasonable restrictions imposed by

law in the interest of the glory of Islam or the integrity, security

or defence of Pakistan or any part thereof, friendly relations

with foreign states, public order, decency or morality, or in

relation to contempt of court, (commission of ) or incitement to

an offence.”

Now people of Pakistan question the Supreme Court when it

will give Justice to people of Pakistan where two similar events

are treated similarly. When two offences committed will be

tried equally and when the culprits of real crimes be committed

and made answerable to the people of Pakistan. We are waiting

for a trial yet to be seen as justice will only be done when

justice is seen to be done.


Article 15 a legal joke

Mian Shahbaz Sharif former Chief Minster Punjab and

President Pakistan Muslim League (N) was deported from

Lahore Airport to Jeddah on Monday 11, May 2004 when he

attempted to return to his homeland.

This was another political twist when Pakistanis were shocked

to see how such an unconstitutional and ultra virus action could

be allowed.

Article 15 of the Constitution of Pakistan which allows citizens

freedom of movement, says, ‘Every Citizen shall have the right

to remain in, and, subject to any reasonable restriction imposed

by law in the public interest, enter and move freely throughout

Pakistan and to reside and settle in any part thereof.’

Mian Shahbaz Sharif is a leader of Pakistan Muslim League

(N), and held the position of Chief Minister in Pakistan until

12th October 1999, when General Musharraf removed his

elected government by imposing military rule.

Mian Shahbaz Sharif and his family imprisoned under false

charges, while the old and the young of his family were put

under house arrest for months. As a result of military action,

Pakistan was suspended from the Commonwealth, and at the

time of writing this article, it still stands suspended.


along with his family was exiled to Saudi Arabia.

Mian Shahbaz Sharif current President of the Pakistan Muslim

League (N) resisted the extreme emotional blackmail and

refused to leave his prison cell in Landhi jail in Karachi.

Despite his resistance, he was forced to board the aircraft by

the brutal force of the military authority. During his stay in

Saudi Arabia he developed a serious ailment in January 2003

for which he had to urgently travel to the United States where

he underwent a surgery in New York.

On 11th May, when as a result of Supreme Court observation in

his two petitions to the Supreme Court, the Court ruled that

every citizen has a right to enter and remain in the country of

his origin and there can not be any restriction put on his entry,

Mr. Sharif tried to go back to his country.

General Musharraf came to power to bring about true

democracy and rule of law. UK Home Office’s Report (CIPU)

published in April 2003 Para 5.26-27 depicts a troubling

picture. It says as following, ‘Provisional Constitution Order

(PCO) number 1, issued in October 1999, which provided that

all courts functioning at the time of the coup would continue to

operate, but that no court would have power to issue orders

against General Musharraf or any person exercising powers or


government directives and ordinances under the PCO no longer

are subject to judicial review, including the Legal Framework

Order (LFO), which brought about fundamental changes to the

Constitution. President Musharraf further undermined the

independence of the judiciary when he ordered that all

Supreme Court, Sharia Court and Provincial High Court

justices take an oath to uphold the PCO that brought the



religious pressure groups have contributed to judicial

inefficiency, particularly in the lower courts.

Sharif’s recent deportation proves the following:

a. The government does not care for rule of law and they found

him guilty without trial of unknown charges and deported

him under a contract which is unknown and unseen and no

access to court was provided;

b. The government did not respect the Supreme Court

observation that no restriction can be put on citizens on their

entry and every citizen has inborn right to enter and remain in

their country of birth; and the deportation of Mr. Sharif thus

amounts to contempt of court. He should have been allowed

to wait till his petitions were decided.

c. Most important of all, current regime does not wish to see

any opposition leader carrying a political profile like Shahbaz

outside on the streets telling the masses what is going on.

That is a clear example of weakness on part of the

government.

These questions are circling in every Pakistani’s mind today

and only the Supreme Court now can save the future of the

political leadership in Pakistan by allowing them a remedy this

time to enter and remain in order to practise their constitutional

right of taking part in political business and if there are any

cases on them, they may defend them in courts freely.

Dated: May 2004

Chapter - IV

Articles

related to

Overseas

Pakistanis

Image building exercise for Pakistan

Slain Chief Justice of Pakistan still under house arrest with his

colleagues, incarcerated Supreme Court Bar President, one

former Prime Minister dead and other in danger with a serious

threat to his life, media gagging, Constitution avenue blocked

for public, access to Supreme Court with special permits, lay

Pakistanis are without proper services of main utilities i.e.

electricity, gas and oil and are fighting on streets for proper

flour distribution is a picture a lay man draws of an atomic

state of Pakistan in the wake of President Musharraf’s second

leg of European tour to re build the image of Pakistan.

Pakistan is facing one of the worst internal stability questions

despite having a strong army infrastructure which is capable

enough to safeguard the exterior boundary of the country.

Instead of offering trade on equality level, tourism, and

security, President Musharraf will be asking his counterparts to

continue aid packages, have faith in him, and not to ask their

citizens and businessmen to leave Pakistan due to law and

order situation despite the fact, that suicidal attacks are almost

a common occurrence and after 9 years of his unchallenged

rule, he returns to square one which begs the critical analysis of

the situation as whether he is combating the increasing

radicalisation in Pakistan or he himself is the cause of that

increase as suicidal attacks are unprecedented in the 60 years

history of the country. The fear is that radicalisation may

increase while the weaker political set up runs the country, as it

makes compromises with hardliners to make up for its lack of

legitimacy. Only a civilian set-up can absorb these radical

ideas, by addressing political issues through dialogue and

stopping them from multiplying and simple democracy with

justice where there is already a strong military present to

safeguard the strategic assets can solve half of the problems in

Pakistan.

In the whole power struggle, the common man is suffering and

middle class conservatives are losing ground and patience too.

The west, in Particular Britain must play its role to ensure free

and fair elections in Pakistan under a credible caretaker set up

with an Indian style fully armed & powerful election

commissioner coupled with independent monitors. The sooner

the nuclear-armed Pakistan returns to stage 3 process of

democratic revival, the better it will be for the rest of the world

as suicide attacks coupled with crisis over crisis whether its

flour shortage or load shedding, oil or gas shortage, stock

fluctuation or gulf between poor or rich, media gagging or

judiciary’s bashing, draw a bleak picture of the state of affairs

and it bottles down to mal administration and short sightedness

of the regime where the country is internally jumping from one

crisis into another whilst India is reaping the crop heavily from

their miseries, and is safely sailing towards permanent

membership of ‘National Security Council’ unchecked, and not

alarmed at all. British Prime minister Gordon Brown topped it

all up by declaring India a strong partner in trade and a worthy

future member of G8. India’s continuous progress is the key of

its public quietness on Pakistan’s internal affairs though

contributing heaving in increasing Pakistan’s miseries on its

rear border with heavy presence of its diplomatic units actively

busy, yet our rulers are busy in their contemplations whether

BB was killed by a sniper, shrapnel or a car lever and should

her killing investigation be done locally or through United

nations or should it be shelved similar to that of Liaqat Ali

Khan, President Zia or Mir Murtaza Bhuttoo. Even if they get

free from all these troubles, they keep are always busy in

assessing whether Pakistani nation is ripe enough to make a

fair choice of its leaders in an independent and fair polls.

One does not need to go abroad to preach the good of a country

as actions speak louder than the words. Pakistanis are

accustomed to clapping on fiery speeches, loud claims and

prosperity dreams. However, when crisis hit the fan, all claims

fall flat on the grounds as they are always without a substance,

like the very claim of the President that ‘Pakistanis are eating

cheapest flour in the whole of South Asia’ or ‘there is no crisis

at all’ in Pakistan. I do share the view that these crisis may be

minor, and may not pose any danger to state at all, however

those who came to power to show lay politicians ‘good

governance’ must come up to the task and must see the

indefinite departure of their financial advisor Mr. Aziz as I

believe those who deliver their promises return to parliament

with 2/3 majority but they do not leave the country overnight

for good. Ex servicemen have shown courage to share the

views of millions of people of Pakistan who are silently

witnessing the merciless treatment with the state brain just to

save the clan of Q league and or the presidency, the seat of one

man without caring the wider interest of the people, federation,

and or state. The issue at front is how the President can

contribute to the image of the country, the options are limited

firstly, by remaining & attempting to preserve what he himself

take credit of pre 9 March situation and holding free elections

or alternately by resigning so he does not add further to the

miseries of the victims of which army is on top of the list who

have sacrificed many soldiers in these last years. Experience

tells that in Pakistan we have not seen rulers ever resigning or

admitting their mistakes as admitting fault is not their nature,

though it is time to develop that culture.

We must concentrate as to what engulfs us as a nation, as

resolving this situation is a critical question begging for our

attention as we are at a ‘crossroad’ to move forward to

prosperity or backwards towards Afghanistan. We must not

forget that Caliph Omer showed how best to secure

dispensation of justice, the idea which followed by West in

making their societies just, equitable and social welfare states

and the like of Khumaini of Iran who showed the simplistic

way to serve its people who used to offer a loaf of bread with

lentil to those visiting foreign dignitaries who came to see the

man who changed the mind set of an entire nation. How can

our rulers sitting in million pounds bullet proof cars ever

deliver the promise of democracy, accountability, and freedom.

People may remember our President with good words in future

and it will lift our country’s image in the community of nations

if at this juncture, he promotes public, judicial, and media

accountability of our rulers and those who hold that

accountability are properly regulated and administer their role

fairly, justly and considering it their national obligation without

a shred of doubt on the process they adopt. when our rulers say

that we are new yet, and we need few hundred years to come at

par with the democracy style of England, France and USA, it

makes me wonder, as there is never a right time or right people

available for the promise of democracy as if you wait for a

promise of ‘never land’ it may never come true and now or

never is the motto for revival of political process and

democracy. West learnt this tricks of trade from our ancient

rulers how to share, how to provide justice at the strike of a

bell, equality of riding the camel with the servant, and

simplicity of washing and sewing one’s own clothes and

concept of social welfare state where rich cater the old and

needy, but in order to achieve that one has to leave his luxury

at some point and offer himself for public accountability in a

style where people may ask a question , ‘Oh Omer, answer the

people, where did you get your gown’


42 days detention: Is it ‘justified’ or a case of

‘Islamophobia’

Clause 29 of the Magna Carta ensures that ‘no freeman shall be

taken or imprisoned or have his liberties removed but by lawful

judgement of his peers’. This 800 years old tradition is

mirrored in Article 5 of the European Convention on Human

Rights 1950 where it was pledged that “Everyone has the right

to liberty and security of person. No one shall be deprived of

his liberty save in the following cases and in accordance with a

procedure prescribed by law” and due process of law and fair

trial were considered as the basic ingredient of a citizen’s

freedom.

Britain is also trying to revive the old attempts where post 7th

of July bombings, 90 days limit of detention without trial was

sought and an agreement was reached to extend it to 28 days

from 14 on suspicion of terrorism. Now UK parliament is at a

crossroad to either sacrifice some of the basics of freedom or to

digest Gordon Brown’s attempt to seek 42 days detention

without charge. House of Commons narrowly escaped from a

defeat on a bill which faces a serious opposition and dissent

from treasury’s own back benchers who voted against. We

expect a strong opposition in the House Lords. Human Rights

organisations expressed reservations and Muslim MP’s though

voted for the bill but overall general public in particular

minority communities have an anxiety over it and Lord Ahmed

of Rotherham has assured to fight their case in Lords.

Looking at the history being a minority community, the Irish

would have felt the same pre settlement what Muslims feel

now that it will be used as a ploy to increase ‘stop and search’

Muslims and detain possible suspects even if there is no

evidence and in desperation, evidence may be orchestrated to

avoid public outrage. People may loose liberty, livelihood and

reputation for unlawful arrest and few thousand pounds ex

gratia may never compensate and revive the lives back of

innocent victims to a place where they were before the arrest.

Feelings of Muslims are the same as would be the case of

Christians and other minorities in Muslim countries over

blasphemy law as lack of due process and fair trial invite

manipulation of such laws and we risk serious judgemental

errors. Political priorities are different too as Salman Rushdie

goes scot free after being provocative hurting billions of

Muslims and is knighted as a literary master in the same

society where as young Samina is branded ‘lyrical terrorist’ for

possessing a literary material which had a potential of

incitement. I wonder what would be the case if renowned for

his revolutionary verses, Pakistani poet Habib Jalab’s poetry is

found in some one’s house who always waited and encouraged

mobs to struggle in order to see the time ‘ when empires will

fall.’ I think governments are reaping advantages by creating

fear which is counter productive. 28 days detention in last one

year has been used once and it does not call for need to revise

the detention limit, just for insurance purposes, in case one is

needed in future. Having said that in order to protect the

cosmopolitan nature of the British multicultural community

intelligence sharing and widening the intelligence net

increasing the resources of units that combat pre crime

detection of terrorism is a genuine need of the hour. Young

British minds especially from religious back grounds are a fit

case for delineation as they are invited participation on

international political and foreign policy discussions and

universities are breeding grounds for achieving disillusionment

and recruitment of potential die hard anti war segments. Govt

needs to root out such elements and increase surveillance of

those elements who target young minds, creating safer

environment for students to interact on healthy forums too.

Foreign Policy and international politics discussion is the

hobby of an angry, young, and voiceless community who

remain targeted and in constant fear from both sides.

If the 42 day detention bill is approved it may be advantageous

to allow time for evidence gathering and securing more

convictions, thus create a fear in organised crimes community.

It will also act as a deterrence to keep people away from such

activities which may have a potential to be branded as

‘terrorist’. However, the potential unreasonable or excessive

use of it can flare community relations. The disadvantages

overpower advantages as post 9/11 and 7/7 Muslims have been

on back foot feeling threatened by the political onslaught on

their civil liberties and making them victim of crimes which

they as a general community did not commit. I think more

underground work without creating fear using existing

legislation is the key to ensure all communities that they are

safe and free.

I think British courts have played genuinely a praiseworthy

role by separating the chaff from grain. They ensured that due

process of law, fair trial and citizens liberties remain intact

whilst govt ensures to protect the public and look after the

interest of the state. In 1999 Muslim Imam Shafiq Ur Rehamn

won his appeal on facts by the first tribunal set up to adjudicate

national security deportations, same tribunal hears appeals of

all foreigners who faces eviction. Law Lords in 2004 refused to

allow 17 Saudis to be detained forever without a charge

creating a sense of justice in the victim communities. In the

same tone ‘control orders’ were scrapped if they were

unreasonably restrictive in free movement jeopardising liberty

of foreign individuals facing curfew of more than 20 hours. In

2008, one of the friends of Osama, Abu Qatada was released

on bail when continuous detention was sought without charge .

Abu Hamza Al Masri was offered a fair trial and free legal

access to his lawyers whilst he was facing strip off his

nationality and extradition to United Sates on terrorism charges

and Samina Malik’s conviction was quashed on the premises

that it was too excessive. Looking at this I am assured that

British Courts have not only gained respect but allowed the

government to function as well as keeping the civil liberties

intact. It was a fine balance between the interest of individuals

and that of the state which was kept under check by British

Courts as opposed to its counterpart US courts. Life would be

miserable if on the basis of fear, further fear is created and

these liberties which were achieved by continuous sacrifices of

our ancestors are lost on the basis of some threats of a few

fanatic and thugs, who are, and will remain in a small minority.

Looking at the treatment of missing persons where hundreds

were handed over to CIA by Pakistani regime & military

authorities in exchange of dollars without due process of law in

the absence of any extradition treaty without a judicial

oversight and USA’s military trials in Guantanamo bay its very

reassuring that whatever the case may be British subjects are

safe in securing their basic human rights such as right to have

an attorney, free trial, innocent until proven guilty and right to

liberty through its free, independent, robust and pro justice

Civil and Constitutional Courts. I think Labour government

must also start concentrating on the issue of food crises,

looming recession and dying economy as post George Bush the

world priorities and politics emphasis is likely to change at 180

degrees towards economic survival rather than chasing in the

hills of Afghanistan with millions of soldiers whilst at home

people cry for food and over priced oil.

Dated: 20 June 2008

Implication of recent events in Pakistan and Why British

Lawyers should be concerned

Pakistan emerged on the international scene in 1947 when

British imperials left its colony leaving behind two separate

states, India & Pakistan. Being a former colony most of the

legal framework is based on English law in Pakistan. Over a

million souls have settled in UK creating a unique relation

between two countries and Britain is considered as second

home for many ex patriots thus creating public interest in each

other societies. However, Pakistan could not lift itself from

ground due to death of its founder Lincoln’s Inn Barrister Mr.

Jinnah, and poor infrastructure and lack of political and

economic stability in early years. In 60 years of its life nearly 4

decades are covered by 4 military regimes and Parliament is

still struggling with other institutions for its sovereignty.

Pakistan Judiciary and Media both are fighting hard to come

out of the strong grip of military rulers.

Britain in recent years have signed bilateral agreements &

protocols to promote cooperation in various sectors in Pakistan.

In particular in 2003 both judiciaries signed a Memorandum of

Understanding to tackle child abduction and following visits of

both members of top judiciary paved a way for better

understanding for the sake of rule of law and justice in

Pakistan. This interaction have also caused to promote

infrastructure in legal industry especially to enhance

professionalism and improve syllabus as only good lawyers in

return can become good judges.

Then came 9 March 2007 when the Military ruler tried to

subdue Pakistan’s Chief Justice Mr. Iftikhar Mohammed

Chaudhary by filing a rare reference and stopped him from

judicial work, incarcerated him and made him incommunicado

along with his family without counsel. Lawyer fraternity stood

up for him and that single judge on the street conquered the

minds and hearts of Pakistani people and scores of people sided

by the judge in dock. Even the Times newspaper wrote an

editorial on March 14 with the title ‘Judicial Error’ asking

General Mushraf to withdraw the reference and reinstate,

quoting, “Good Generals know when to retreat.’

The writer wrote to General Pervez Musharraf on 12 March

2007 to consider withdrawing this reference as the procedure

adopted gives rise to serious questions of procedural

impropriety and the way CJ was handled created serious doubts

whether Chief Justice can ever have a fair hearing if he is

treated as guilty before even having a trial. The Chief Justice

resorted to higher courts and petitioned for justice in his own

court and on 20th July, Supreme Court bench of 13 top judges

quashed the reference and restored the Chief Justice to his old

position.

Recent events in Pakistan including Chief Justice’s dismissal,

12th May Massacre in commercial city of Karachi when Chief

Justice was due to address Karachi Bar, military operation in

Capital Islamabad in Red Mosque and a sharp increase in

suicidal attacks in Pakistan give rise to serious questions of

ever growing radicalisation threat in the society and ever

widening gulf between liberals and theologians which affect

UK too. I believe simple democracy with justice can solve half

of the problems in Pakistan. In the whole power struggle the

common man is suffering and middle class conservatives are

loosing ground. The West must play its role to ensure free and

fair elections in Pakistan under a credible care taker set up and

a powerful election commissioner along with independent

monitors. The sooner nuke armed Pakistan returns to normalcy

the better it is for the rest of the world. This radicalisation may

increase where military which lacks legitimacy runs the

country by making certain compromises with the hardliners

and only civilian set up can absorb those radical ideas by

addressing political issues by a dialogue thus stopping it from

spilling over & multiplication. Pakistan being front line state in

War against Terrorism is a key country seeking attention of the

West towards their claim of spreading true democracy in the

world. Historic judgement of 20th July is a ‘turning point’ in

the short history where the Pakistani rulers are on a cross road

whether to move forward from here or run backwards and the

Western World especially Britain’s role is very important to

return its old colony towards military free democracy.


Radicalisation of Muslim youth of UK

Whilst strongly opposing the proposed extension in 42 days

detention on terrorism charges, Muslim community is

confronted with one of its own self denial whether

‘radicalisation’ exist and or on the increase in the Muslim

Youth in Great Britain. I would try to highlight some of the

contributory factors which are relevant in order to initiate a

debate and or to organise a process to curb such extremism.

Newspapers in press and electronic media have left no stone

unturned to project Abu Hamza and Omar Bakri as the

spokesman of the Muslim community in the last decade where

as the good of community were never projected in the same

tone. The work of organisations, net work of mosques and

activities of Muslims in general are peaceful and law abiding in

an atmosphere where they feel vulnerable in general due to first

9/11 and then 7/7 tragic incidents. Trail of terrorism related

legislation and finally Government’s untimely discussion over

‘Hijab’, bearded Muslims and forced marriages deprived the

opportunity to strengthen the links between ancient

civilisations and put emphasis on tolerance and curbing

militancy jointly. Whilst Govt. is allowing media for selective

negative publicity of this minority whilst other groups are

carrying on their work to fuel the fire and recruit young minds

towards radical and Islamist activities, though regrettable but a

real threat to de harmonise the bilateral community relations.

This cornering strategy has portrayed Muslims as a victim in

the Great Britain and they lost the drive of self accountability

as it was impossible to fight on two fronts. Radicalisation is at

increase and yes, Young Muslims aged 16-24 are the prime

targets of the radical groups who used annoyance, attitude and

their loneliness as an excuse to incite them towards ‘revenge.’

What are the causes of youth falling prey to such outfits is

multiple in number and dimensions and we analyse one by one

the core reasons:

a) communication gap: there is a generation gap between

dual nationals came in 70’s for economic betterment whose

only lust was to make economic betterment in their life style

abroad and to make their future here and return in good time.

Their children do not have such baggage and their priorities

have changed from economic betterment to compete with

locals, professionalism, football and integration in English

culture. This led to individual development other than that of a

group. This communication gap and change of goal post in

families have caused the biggest rift where living under the

same roof, parents sometimes are clueless about the likes and

dislikes of their children and children culturally bound are

scared to tell the truth. This situation in a few lead to a situation

where forced marriages take place too where consent is

missing. Language has also played a big barrier in expressing

their views rightly, first generation sticking to their mother

tongue whereas British youth preferred to speak English, watch

football and hang around with their age group. If those young

minds are lonely, feel betrayed or have a tragic episode in their

lives and they are disillusioned, they have a potential to fall a

prey to gang masters or outfits breeding religious lawlessness.

b) Lack of community support: Muslim youth do not have

any support network where whilst holding their ideas, and

belief they could interact with other age fellows and parents at

a network which is sound, fool proof and thoroughly

supervised by elders of the community. Mosques could have

provided that platform but they are themselves enslaved of

their sectarian compulsions and religious order thus community

net work on ethnic or nationality basis was the only alternative

which is mainly preoccupied by pensioners who are unwilling

to retire unnecessarily. Thus Muslim youth remain voiceless,

without a platform and without guidance and clear objectives.

Funding too could be the real reason of the lack of such

infrastructure, but to me political will seems more the cause.

c) Lack of governmental support: the main important aspect

of young minds to feel neglected is that despite having degrees

they are jobless. If they are on the streets they are stopped

more, and they are not that obedient as were their predecessors.

They know their rights, which are not given easily. Their

negative activities are projected more and there is no fund to

accommodate young Brits on a forum or a platform where they

could express themselves. Young children have NSPCA for

protection from cruelty, birds and animals have RSPCA to

ensure their welfare but Muslim youth has none, and nowhere

to go. Some of the organisations working already in the field

need cloned participants and are granted conditional funding

which does not help either, as if you do not follow their do’s

and don’ts you may not be able to seek membership

successfully. I think if Muslims and Pakistani youth is

administered as the Jewish community or Indian doctors

community or Black African communities have done by their

own general public the results would be fantastic, or alternately

govt spend some money to provide national outsourcing, a

platform where these people can rightly participate as a

community. Govt need to support the youth to walk on their

feet before they could run on their own.

d) Foreign Policy reasons: Wars in Iraq, Palestine and

Afghanistan are true foreign policy considerations which has

forced the young minds to feel neglected at home when their

religion sakes are beaten abroad. Commenting on George

Bush’s policies is the hobby of Asian or Muslim youth only

because of their own treatment, unemployment, lack of

preference in jobs in Civil service, judiciary, police force,

armed forces and or Parliament at home. Deprivation of young

educated minds in the early days of their careers are trapped in

red tape polices are devastating and very ambiguous approach

of govt on their foreign policy decisions is causing the may

hem.

That is the very key which is exploited by outfits at places

where such commodity is heavy in number(s) such as outside

mosques with leaflets, universities, local deprived areas, crime

hubs and playgrounds and they are working freely in UK in

disguise, they first speak to youth and then invite them to their

gigs and initiate from leafleting to a trap which lead the young

minds to their own battlefield. From experience as a lawyer

interacting with British youth I regrettably of the opinion that

young British Muslims who are studying in their early

university days, or unemployed after graduating or living in

deprived areas without hope for future are vulnerable and all

because of lack of community net work, parental neglect and

lack of Governmental support. Muslim youth suffers due to

lonely life style and cultural and religious compulsions which

force them to get attracted to the people in masks who in the

name of religion teach the kids something which are not in

Quran and of which parents have no knowledge of it. ‘Death of

a man is a death of a mankind’ is a true version of humanity as

per Quran, therefore responsibility is greater to save the

coming generations from underlying increasing problem before

it’s too late. It’s time that British Government takes true

Muslim representatives on board unconditionally without the

bribe of peerage or seat in the houses of parliament to tackle

the problems confronted by Asian and Muslim Youth. It’s all

about winning the hearts and minds in the fight which is being

fought all around and Britain is losing so far and British

Government needs to take concrete measures whilst beefing up

security, to ensure public safety and steady multi religious &

cultural relations of communities in Great Britain.


Self flagellation – a religious practice or child cruelty

Message of Imam Hussain, the grandson of last Prophet of

Islam of sacrifice is greater in spirit and is held very dear by

billions of Muslims across the globe and the message is

remembered zealously during the first month of Islamic

calendar Muharram. The Ashura ceremony takes place during

this month to commemorate the courage & sacrifice of

Hussain, a central figure of the Shia faith and his disciples in

many Muslim countries adopt various means to express their

grief which include holding processions, reading and listening

to the tragic events as they unfolded during that month in the

battlefield of ‘Karbala’, chest beatings as well as self

flagellation. In order to express extreme solidarity a small

percentage use five bladed whip attached to a chain and a

wooden handle to carry out the matam called ‘Zanjeer Zani’.

Islamic history narrates that Hussain, stood up to the tyranny

of, Yazid, 14 centuries ago in order to make a principled point

of justice in order to save his grandpa’s religion and humanity

from oppression. During the siege at karbala (Iraq) of first 10

days of the first month of Islamic calendar, Hussain's camp

suffered all kinds of trials, tribulations and hardships. In the

end, Hussain was beheaded and his body was mutilated. The

few survivors including women were humiliatingly and were

made to march on foot to the Yazidi Palace in Damascus,

where they were imprisoned: many of them died. It is believed

that spectators along the route, realising what had happened to

the first family of the prophet of Islam, began to beat

themselves and started weeping. This mourning process is

regarded the beginning of the self-flagellation rituals that we

see today amongst devout Shia Muslims. The practice has been

on going for centuries.

In January 2008 during Ashura, a devout Shia Muslim first

flogged himself and later considering it part of his religion

allowed two under 16 boys to use the bladed whip to flog

themselves until their backs bled during a shia religious

ceremony. He was charged upon a complaint of the mother and

statements of the boys that they were forced and he was later

convicted by a Jury upon a trial at Manchester Crown Court on

two counts of Child cruelty in August 2008. He will be

sentenced this September. This is a land mark case carrying

serious repercussions on religious practices of a Muslim

minority and critics view this prosecution as a tip of the iceberg

and consider this policy decision will trigger more cases in

future. This incident has initiated a debate where self

flagellation as a religious ritual is up against the child

protection laws.

First of all we see what the law says, S. 1 of the Children and

Young Persons Act 1933 makes it a criminal offence if any

person has attained the age of 16 and has responsibility for any

child or young person under that age, wilfully assaults, ill

treats, neglects, abandons, or exposes him, or causes or

procures him to be assaulted, ill treated, neglected, abandoned,

or expose, in a manner likely to cause him unnecessarily

suffering or injury to health, that person shall be guilty of an

offence and if found guilty the accused shall be liable on

conviction on indictment, to a fine or imprisonment for any

term not acceding ten years or on summary conviction, to a

fine or alternatively imprisonment for any term not exceeding

six months. Now in order to have a healthy debate we look at

the international organ which protects any religious practice.

Article 9 of the European Convention on Human Rights which

is part of UK law under Human Rights Act 1998 says, “1)

everyone has the right to freedom of thought, conscience and

religion; this right includes freedom to change his religion or

belief, and freedom, either alone or in community with others

and in public or private, to manifest his religion or belief, in

worship, teaching, practice and observance.” There can be only

restrictions on such rights which are necessary in a democratic

society, in the interest of public safety or for the public order”.

Many argue that religious practice which is ongoing for

centuries is protected by such law and despite having many

complaints, there has never been a policy decision by CPS to

prosecute in the past and if allowed this policy decision here, it

will open a Pandora’s box leading to many such prosecutions

which will be detrimental to all other religious practices,

cultural traditions and customs which are held dear by millions.

It is also believed that minors may participate in such ritual

wilfully in defiance to make a principle point to safe guard

such ancient religious practice. However, on the other hand law

of the land which is quite clear to ‘look after the best interest of

the child’ is in conflict with the said religious practice as far as

under 16 are concerned and a clear understanding, guidance

and code is required in order to bridge the gap to ensure child

safety whilst protecting the said religious practice in order to

avoid future prosecutions.

The issue of self flagellation is not disputed in adults, however

the conflict arises where children under 16 use self flagellation

as a religious right. There is a risk of harm and law prohibits an

adults to cause or expose the child to harm and whether this

religious practice is covered by such law is arguable and

superior court’s ruling will be vital in settling the narration of

policy . More work is needed to identify and correct the code

of conduct where the issue of self flagellation in particular

under 16 and teenagers arise which needs to be addressed by

the community. The limit of such self flagellation in teenagers

who are wilful participants is not very clear either is it within

reasonable limits or up to an individual’s capacity and the law

is impractical on self harm too. Looking at Iran’s supreme

Islamic Jurist, Grand Ayatollah Khameni in response to a

question on the subject said: “Any practice that causes bodily

harm, or leads to defaming the faith, is haram” hence whilst

self-flagellation itself is permissible, it is only permissible

within reasonable limits. Whether it is on individual’s capacity

or up to excluding the risk if death is quite an arguable?

Many say that in order to protect the workings of the Shia

missions children under 16 in UK are not allowed to self

flagellate, but are allowed to watch, though the guidance is not

clearer. Some Shias claim that people at the age of 7 participate

in such practice in Pakistan, Iran and Iraq, and many travels to

their countries of origin to mourn the month of Moharram,

however in UK & Europe this practice varies from area to area

in respect of children. I strongly believe that if this prosecution

goes ahead unchallenged, then the option of taking under 16

abroad for religious practice may not remain safer and free of

prosecution either as UK citizens will be protected by the local

law here and abroad as was the case in ‘forced marriages’.

There are many other practices that fall into the same category,

like the Jewish circumcision ritual where a 8 days old boy is

circumcised without anaesthetic injection, teen age

pregnancies, abortions, prescription of morning afternoon pill

to under 16 girls, cosmetic surgery, physical chastisement, and

contact sports which could all be life threatening in UK and go

scot free without prosecution. There are children under the age

of ten, who do boxing, kick boxing, karate, tae kwon do and

judo– should their coaches be prosecuted if physical harm

comes their way? And what about rugby, football, ballet and

horse riding? They have all lead to more serious injuries of

minors in the UK than self flagellation. There is still nail

crossing in a few countries of Europe in memory of the

sacrifice of Jesus Christ. If other religious practices go

unchallenged by the executive, then prosecution of Muslim

minority may arguably be discriminatory under Article 14 of

European Convention of Human Rights.

Whilst the writer agrees that Muslim community must act

together to safeguard their interest together as this prosecution

has far reaching repercussions on other Muslim festivities such

as circumcision, fasting, performing Haj, arranged marriages

and participation in religious ceremonies and processions

which often involve children under 16. At the same time, it is

felt necessary that before next Ashura a code of conduct is

agreed in consultation with Police and Crown Prosecution

Service to avoid unnecessary restrictions in religious

observance. Self flagellation must not be declared a child

cruelty if a teenager wilfully participate considering his faith

and religious duty, however, there is no question that force

must not be used in self flagellation and it must remain a

decision of an individual of an age under the law. Clearly local

law of the land is in conflict with the religious practice and

elders need to bridge the gap with collective wisdom, mutual

understanding and clarifying the religious teachings towards

this ritual. It is also praiseworthy that community has expressed

desire to promote alternate methods in youngsters such as

donating blood and spreading the message of Hussain of

sacrifice, peace, tolerance and forbearance which is important

than practice for young minds.


Give us the Pakistani passport at least

The respect Pakistani rulers have created for the Green

passport abroad is visible from the treatment they get at the

USA airport when they had to take off their shoes and belts.

However this same travel document is a passport to heaven to

some 8 million Pakistanis who have families back home and

their desire to keep in touch with their families and the country

of origin is an unannounced ‘unstinted support’ towards

Pakistan. However Pakistani bureaucracy and successive

regimes have always preferred to give the basic rights of their

citizens as favours which is a near curse to any nation. I will be

unfortunately highlighting about a minor hardship towards

obtaining new or renewed passports at missions abroad

especially in UK which is causing havoc in Pakistani lower

threshold circles i.e. students, spouses visa holders, work

permit holders and all others who are temporarily resident in

UK, of course, those have no ‘sifarish’ or ‘goose’ to give and

they are here in the system for years. Asylum seekers from UK

have the privilege to be directly promoted to the posts of chief

Ministers, Governors, Ministers, Ambassadors and even

advisors but common Pakistanis are still queuing up for their

basic rights outside these missions. Recently Govt of Pakistan

has introduced a policy or practice whereby no passport will be

issued and or renewed on the basis of old identity card. One

will have to have a new computerized identity card in order to

enjoy that facility, I feel that may be justified in limited

circumstances to collect data and to combat terrorism & illegal

immigration, however it must be coupled with arrangements

whereby such identity cards are issued within a time frame to

access to facilities.

Now lately there has been a shift in the way passport is issued

whereby upon expiry of any passport Pakistani citizens are

demanded a ‘home office document’ or ‘sticker’ confirming

that they require a passport for necessary visa endorsement.

Pakistanis struggle and run around the missions to obtain

passport and are in a catch 22 position. Home office asks for an

original passport as they do not entertain application(s) for

further, indefinite leave to remain unless supported with

original unexpired passport, and Pakistani mission asks for

home office letter requiring a passport. We feel when over

estimated one million illegal immigrants in UK from all

nationalities are stuck and wish to regularize their stay, our

calls for amnesty are frustrated when citizens are denied their

basic right to hold a travel document (passport) of their country

of origin.

We supported, when Mz. Be Nazir Bhuttoo had to knock the

door of Supreme Court under case ref: Constitution Petition

45/2007realising that some 20 million voters were missing

from the lists for not having NADRA computerised cards,

which in return was allowed by Supreme Court. We also

supported individually in July 2005 when Mian Nawaz Sharif

was struggling to obtain Pakistani passport from missions in

Saudi Arabia to visit his ailing son in UK.

This refusal of grant of passport without lawful reasons If

Pakistani citizens’ last passport was neither cancelled,

impounded and or confiscated under s.8 of the Passport Act

1974, amounts to an unlawful policy and ultra vires decision.

Passport Act 1974 of Pakistan under s.3 it says, “No Citizens

of Pakistan shall (a) depart from Pakistan by any means

whatever unless he is in possession of a passport, nor otherwise

than from such port or place, by such route and in accordance

with such conditions, as may be prescribed; or

(b) visit a foreign country unless his passport is valid for such

country.”

Pakistani missions abroad have no legal power to refuse a legal

documentation for which one is entitled because of his

nationality by birth (subject to all legal requirements are met).

We feel demanding home office document prior to passport

application is ultra vires and at best mal practice. If we study

the renewed guidelines as advertised at Pakistan High

Commission (London) Web page:

http://www.phclondon.org/passport/manualpp.asp#1 ,

they state as following;

Personal appearance of the applicant(s)

Fill in application form completely.

Provide three recent identical passport size photographs, either

coloured or black and white.

Expired/old Pakistani passport. In case it has been sent to the

British Home Office, a letter from them is containing

particulars of the passport.

Original Pakistani National Identity Card/NICOP along with its

photocopy. If you don't have National Identity Card but have

applied for one, you can be issued a limited validity passport.

Validity will be extended to five years with new Identity Card.

Urgent passport is issued on the same day. The fee* is £ 46 + 2

Bank Charges) If pages of your passport are exhausted, the

procedure is same as explained before. Incomplete applications

will be returned without action”

Looking at the guidelines, Pakistanis here in UK mostly meet

all the criteria and are being refused unreasonably the facility

on a demand which is not only unreasonable but also cause to

restrict the liberty of citizens. They are asked to submit status

documents in advance of the application, especially if they

have entered UK lawfully on general category other than

asylum. (However case studies proves otherwise). This new

practice will promote nepotism, sifarish culture, unnecessary

delays and hardships thus in return will tarnish the image of the

country in the eyes of the hard working overseas citizens.

From these guidelines there is no mention of a policy which is

in fact, heavily in practice. The rights of a citizen to hold his

country’s travel document is a fundamental one. That right is

also identical which is guaranteed by the Constitution of

Pakistan 1973 under art. 9 which says that ‘No person shall

deprived of life or liberty save in accordance with law.’

Furthermore, art. 14, 15, and 25 of the Constitution clarifies

‘The dignity of man and, subject to law, the privacy of home,

shall be inviolable.’ Art.15 also certifies that ‘Every citizen

shall have the right to remain in, and, subject to any reasonable

restriction imposed by law in the public interest, enter and

move freely throughout Pakistan and to reside and settle in any

part thereof..’ and Art.25 which is parallel to art.14 of the

ECHR guarantees that ‘(1) All citizens are equal before law

and are entitled to equal protection of law.’

If we look at the case law, in the case of Government of

Pakistan v Dada Amir Hyder Khan PLD [1987] s.c.504 the

court held that where applicant for grant of passport is neither

heard before refusing the issuance of passport nor any ground

communicated to him for not doing so nor even told that the

reason for not issuing it are of such sensitivity that their

disclosure is not in the public interest, refusal to issue a

passport to the applicant is without lawful authority and of no

legal effect. In the instant cases, refusal of passport(s)

potentially on flawed blanket policy & practice are unlawful

and have the potential to be challenged in the court of law.

This is a public interest matter and Govt of Pakistan is

requested to review this unannounced blanket policy

immediately. Most of the machinery in Pakistan is aware of the

problems faced abroad by us as they have been abroad mostly

so kindly allow and ensure that if an applicant meets all the

standard requirements of an application for passport, and has a

valid identity document (i.e computerized identity card), they

be facilitated to have a passport facility at one, of course by

way of right, not as a favour. Overseas Pakistanis contribute

heavily through billions of foreign remittances in Pakistani

economy unconditionally unlike our ally USA whose shopping

list never ends. The least, they deserve, is a befitting treatment.

That’s at least Govt of Pakistan can do, to give them their

passport without obstruction, if they are listening.

Dated: 07 November 2008

Chapter - V

Press

Releases and

Correspondence

Letter to CJ – PCO, Uniform and Mian Shehbaz Sharif’s

deportation

Wednesday, April 19, 2006

Our ref: APL/PCO/Uniform and MianShehbaz/2006

Private and strictly confidential and for the addressee only

Lord Justice Iftikhar Mohammed Chaudhary

Lord Chief Justice of the Supreme Court of Pakistan

Constitution Avenue, Islamabad

Supreme Court of Pakistan

Islamabad

Pakistan

Section Lines # 9220581-9220600

Fax # 9213452

Email: [email protected]

Dear Honourable Lord Justice Mr. Chawdhary,

Re: PCO, UNIFORM AND SHEHBAZ’S DEPORTATION

We at the Association of Pakistani Lawyers (APL) along with

fellow English Solicitors of the Supreme Court of England and

Wales and ex pat members of APL refer to above and we

jointly request your Lordship’s intervention and consideration

in order to initiate a full scrutiny of all 3 above matters within a

limited time frame to ensure justice and to bring Pakistan back

on complete civil rule devoid of any military interference and

intelligence.

I am assured by your court as always and by previous incidents

that ‘Justice will be done in this matter’.

a) PCO

General Musharaf came to power to bring about true

democracy and rule of law. He gave 7 points agenda to the

nation which is now in tatters when we look at the state of rule

of law, corruption level in Society, NAB and his cabinet who

has been plundering public wealth on whole sale basis. Public

is looted, sometimes on the name of ‘sugar scandals’ and other

times under the guise of ‘Cement’ scandals. If no money is

coming from all other sales of government property on Mall

road or if the rulers are free from counting their sales from

Housing projects, they plunge in spending lavishly on elections

to show force and power of money which we saw in recent

Senate elections in NWFP. Poor has gone poorer and rich as

richer that they are nearly out of bounds of law and

Constitution.

One illegal action leads to several others as it works on the

maxim of ‘one lie paves the way of hundred lies.’ Lawyer

community has jointly struggled in Pakistan for restoration of

true democracy and they are still doing it for which we jointly

commend their efforts in particular SCBA and PBC. However

we have endeavoured to look at the few issues pertinent in the

current era which is looking as a bad omen on the society and

Judiciary in particular.

UK Home Office’s Report (CIPU) published in April 2003

para 5.26-27 depicts a horrid picture.

It says as following, “ Provisional Constitution Order (PCO)

number 1, issued in October 1999, which provided that all

courts functioning at the time of the coup would continue to

operate, but that no court would have power to issue orders

against General Musharraf or any person exercising powers or


government directives and ordinances under the PCO no

longer are subject to judicial review, including the Legal

Framework Order (LFO), which brought about fundamental

changes to the Constitution. President Musharraf further

undermined the independence of the judiciary when he ordered

that all Supreme Court, Shari’a Court and Provincial High

Court justices take an oath to uphold the PCO that brought the



religious pressure groups contributed to judicial inefficient,

particularly in the lower courts.”

Article 6 of the Constitution of Pakistan says, ‘(1) Any person

who abrogates or attempts or conspires to abrogate, subverts

or attempts to conspire to subvert the Constitution, by use of

force or show of force, or by other unconstitutional means,

shall be guilty of high treason.’

We submit that violation of the 1973 Constitution under article

6 can never be justified and unless and until SC hears the case

on merits, any attempt to ask the judges to take oath under

PCO was and is unconstitutional and unlawful.

We avert that by asking the SC judges to take oath, then self

appointed CE (Chief Executive) unlawfully restricted the

course of justice in Pakistan and forced the Judges to retire or

resign unlawfully when they had a case pending on his

personal action which was liable to be considered under Art.6.

The reason no Court has ruled against a military dictator as

well as given him umbrella cover on last 2 occasions under the

‘doctrine of necessity’ is that our judiciary was restricted to

perform justice in the past. I feel CJ Saeed ul Zaman Siddiqui’s

retirement is a direct attack on the autonomy and independence

of Judiciary which is a constitutional pillar. We submit that

such interference in Judiciary undermines the function and

services provided to common man by any other department as

they fear retaliation. Political Parties and democratic structure

both are ruined by Gen Musharaf’s unlawful intervention.

Democracy in Pakistan could not flourish due to the

democratic nurseries being high jacked and also were made

redundant by ISI. We could not see Councillors growing into

Member of assemblies and lack of political will and experience

resulted weaker Federation and Political parties. It was easier

to become Member of assemblies if you know how and have

resources to manipulate the system. Corruption lost its

boundaries and moral fabric of society ceased to denounce it in

apathy. Military interventions and ‘martial laws’ along with un

cooperative bureaucracy left no stone un turned to turn the state

into a controlled democracy with no future at all. In Pakistan a

common phenomena has developed that one or more

institutions are superior to the whole system. Military in

particular has never feared of reprisal of SC ever invoking art.6

of the 1973 Constitution thus making that article virtually

defunct or impractical. Power belongs to institutions that are

where the battle is lost, as in reality, power lies with the people

of Pakistan and Sovereignty with God Almighty that principle

if lost will have devastating effect for coming generations.

Pakistani rulers in the past has behaved in a way as if they will

never get out of that chair of power so is the behaviour of

today’s rulers who think that passing time is the need of time in

the best interest of the country. We have not learnt any lesson

from our bleak past. When a ruler passes time ‘illegally’, each

minute and second count and affect the sovereignty of the state

and whilst doing through he makes certain concessions and

compromise national interest for his personal stake, as each

second one passes without authority is not devoid of

humiliation and inner weakness of ruler’s inability for not

being able to put it right. Our rulers justified an insult to Dr

Qadeer Khan as opposed to our arch rival who put Abu

alKalam Azad on the Presidency and the allegations which our

rulers leveled if found may devoid us of our nuclear status and

that is dependant on our cooperation in the so called War on

terror which has opened a flood gate of ‘terrorism’ in Pakistan

and after a long time our border from back is naked due to

reprisal. The demands of current Masters of state cooperation

in this war have no limitation due to weaker and unjustified

executive machinery that has no legal and moral legality to stay

on top slot.

Any lawyer, law maker and protector of law in true democratic

structure will cry out that only parliament and parliament alone

can decide for the people of the country but did we get that

right, no sir. There are some requirements of transition from

military rule to democratic rule but those requirements does not

include the punishment to the Pakistani people who are already

poverty ridden in the shape of taking away its representative’s

right to decide for its people and amend constitution if it is in

the best interest of the state and its people by two third

majority.

When Supreme Court gave its decision, it was under oath of

PCO. it is quite possible that the decision would have been

different if the judges were not under oath of Provisional

Constitution Order and the military action was being looked at

‘suo moto’. Supreme court of Pakistan could have avoided all

these actions if it had taken suo moto action on the day of the

12th October when General Mushraf assumed his office as at

that time the issue could have been only to scrutinize PM ‘S

powers and the way that power was used to dismiss the COAS

(Chief of Army Staff). In that case SC could look at abuse of

power and procedural impropriety in the way the power was

used and thus nation could have been spared to see the

wholesale of unconstitutional trail on which historian will write

in months and people will suffer for decades. That would have

happened if the case is before British Courts.

Pakistan’s judicial system if stronger can only guarantee the

smooth running of the Parliamentary system but both PM’s in

their two reigns could not achieve that ‘unforeseen strength’

which a democracy achieves by strengthening the Parliament.

Ms. Bhutto left a lasting memory by appointing Mr. Ahmed

Saeed Awan as High court Judge when he was a former

Minister and had later lost an election, In an other regime,

NAB chair interfered in Judicial matters when High Court

ruling was expected in Ms. Bhutto’s trial where two of the

judges had to resign and Supreme Court quashed the

conviction. During 2nd World War Churchill once said that if

his courts are free and giving justice to common people then he

is not at all worried of any wars. Similar quotation can apply to

us, and it is food for thought.

We are also concerned to note that Mr Hashmi the resident

leader of Nawaz Sharif faction of Pakistan Muslim League was

arrested under the certain sections of Pakistan Penal Code. He

had already expressed his fears that he may be charged with

‘high treason’ which he was and later convicted and sentenced.

It is ironic that article 6 provides the provisions and makes it an

offence to conspire against our system of Govt and details

procedure how to deal with it but the offence is being

committed again and again and we have yet to see a concrete

trial and conviction on merit.

We submit to your lordship, that Pakistan is through on of its

hardest times where democracy is derailed, will of people is

suppressed and political differences are being solved by might.

We are sure lawyer’s as well as public’s true efforts and

aspirations will be fruitful and Pakistanis as a nation will see a

change in their country’s political life style in coming year/s

and countrymen will once for all rid the nation from military

rule and rulers and provide a parliamentary democratic

structure in line with 73 Constitution with rule of law and

justice as its salient features. Nation needs justice before justice

becomes extinct in our society where elections are held fairly,

courts function without fear, judiciary & military is ‘sub

judice’ and accountable to people and accountability is

maintained through institutions not by individuals.

We can only make Pakistan a successful, progressive Islamic

state if we individually eliminate the difference in our sayings

and doings and remain firm and united and fight on principles,

remain honest, speak truth and practice justice in small and

large matters of our individual as well as in our national life.

Pakistan and its executive as state representatives practices

complete fairness in relation to its obligations and

responsibilities and are accountable to people of Pakistan who

just need to decide in coming elections who they wish to

represent them in Parliament.

This chance if lost, we fear that Federation may be weakened

and separatist movements may flourish. Baluchistan is on fire

already and other provinces will not be left behind once any

one movement catches fire.

Our rulers must be accountable in Caliph Umar's style,

generous in Caliph Usman's and brave like Caliph Ali and are

loyal to their cause like caliph Abu Bakar, and operate a

crystal policy of unity, faith and discipline in nation building

and they provide their services in accordance with the Islamic

injunctions, Constitution of Pakistan coupled with complete

harmony of nation’s trust and promote acceptable

internationally recognized human rights articles in respect of its

citizens, minorities and above all women.

We believe that God Almighty has given you an opportunity to

serve your country and bring about some positive changes the

way elections are held in the country and courts administer

Justice and provide an opportunity especially to bring two

leaders of main parties back before these coming elections

under a care taker set up which assist the Chief Election

Commissioner during elections to ensure fair play. We believe

that CEC and care taker set up must be in accordance with the

Constitution of Pakistan and with the silent approval of main

opposition parties to ensure their agreement to participate

electio0n with fair mind.

b) Uniform & Fair election(s)

One important issue which is clouding the whole system of

civil democracy in Pakistan is the insistence of President

General Musharaf to retain his uniform post 31 December 2004

in violation of his agreement with MMA via PML(Q) as per

Mr. S M Zafar’s book Dialogue on the Political Chess Board

and in contravention to article 6(3) d as it came to effect as per

17th amendment Bill paragraph 2(1) .

Article 63(1) d says as following:

63 (1) A persona shall be disqualified from being elected or

chosen as, and from being, a member of the Majlis-e-Shoora

[Parliament], if -

63(1) (d) “he holds an office of profit in the service of Pakistan

other than an office declared by law not to disqualify its

holder; or”

There has been several news reports where President assured of

taking his uniform off as per agreement but he did not keep his

promise in the national interest and or his personal interest due

to which lawyer community has found unease upon this kind of

unconstitutional and irrational decision making which has kept

Pakistan derailed from real civilian rule so far and that may not

be the intentions of SC when it gave Gen Musharaf 3 years to

hold elections.

Independent and fair elections are impossible if President of

the nation who defiantly violates the constitution and is

addressing only one party functions sometimes in Lahore at

‘Minar e Pakistan’ and delivering political speeches to teach

lessons to opposition leaders and other times in other aprts of

the country. As the elections are nearer, it is very difficult not

to take them as ‘processions’ in the run up to election thus

making him partisan and one sided President linked with and

the aspirations of PML(Q) his own brand of political party

which was assembled after coup to counter PML(N) alone and

his own allies and leaders loudly and clearly asked him to

remain in Uniform as well as being a President. This tendency

of lack of respect of rule of law, unconstitutional mannerism

undermine the effective role of judiciary.

My lord, Generals translate the voice of silent majority who

remain uninvolved in political business and politics that is our

middle class who supports helplessly every one who aspire to

bring economic change, social justice and is a reformer in

nature and they always fall a prey to this illusionary slogan.

Nation needs to sweep that carpet under the General and

military rulers and give rule of law and respect for the law of

the land to this society to secure their own right by learning

from India and Bangladesh who has strengthened their

democratic forces as compared with us. By allowing a usurper

to stand defiant and keep on rolling our political system with a

twitch of finger is a blatant disregard to the Constitutional

provisions and we feel the Parliament never intended that. We

also of the view that founder of the nation Mohammed Ali

Jinnah never aspired when he fought for Muslims of sub

continent to secure an independent homeland, that it will be

ruled by Generals.

I think time has come that before any so called ‘Act of

Parliament’ is presented yet again and or a supra constitution

mechanism is adopted like referendum to request the military

dictator to retain his status in violation of the constitution in

letter and spirit thus allowing a General to hold his own office

as well as the office of President of Pakistan thus depriving the

national parties to elect their own civilian President, a ruling is

requested to be given to that effect in the following lines:

• That 3 years were given by the SC to bring true civilian

rule in Pakistan by holding fair election, shedding

uniform and appointing new COAS and allow the

system to run under Constitution of Pakistan 1973 and

that period has expired and President is asked to choose

one between his two roles;

• Alternately, Declaration that his tenure came to an end

as of 31 December 2004 as was promised publicly and

as was agreed between the opposition parties as well as

ruling coalition on an understanding upon which

controversial constitutional package was approved by

Parliament ‘17th amendment’ thus bringing back most of

the ‘8th amendment’ changes back to the Constitution. I

must say that current Parliament did not have any

mandate upon the issue of LFO and Uniform as no party

expressed in their manifesto that those 2 things will be

decided and they will vote in favour, therefore 17th

amendment as well as an Act of Parliament to allow a

General to remain in Uniform in contravention to

Constitutional provision of art 63(1)d is ultra vires as it

allows unlawful action.

This ruling if not given in time will lead to further

manipulation to secure one man’s seat on top slot regardless of

the wishes of 160 million Pakistanis which will breed hatred,

contempt and injustice, which the honourable SC can avoid.

c) Mian Shehbaz

One thing which has irritated us all is the issue of the

deportation of Mian Nawaz Sharif’s younger brother Mian

Shahbaz Sharif. Who was deported back to Jeddah after a brief

stay at Lahore airport May 2005 despite an observation of then

CJ in the following lines in the const pet 55/2003

“For reasons to be recorded later on, both these petition are

dismissed with an observation that the petitioner may come

back from abroad subject to the law of the country.”

We strongly feel that an action must be taken to clear this spot

on the independent judiciary and the resultant aggressive

statements by interior Minister as well as CM Punjab and

President that they will re do the same once any one tries to

enter Pakistan which is quite to the contrary to the judgment

and proceedings of the const pet 55/2003 where Mian Shehbaz

Sharif was allowed to return and observation was given by CJ

Mr. Siddiqui but never the less he was deported back.

Mian Nawaz Sharif carried two third Majority for the first time

in the history of Pakistan as a result of independent Elections in

1997. He is a leader of Pakistan Muslim League (N) Pakistan,

held the position of Prime Minister in Pakistan until 12th

October 1999, when General Musharaf removed his elected

government unconstitutionally by imposing military rule.

Prime Minister Mian Nawaz Sharif, and his family were

imprisoned under kidnapping charges, while the old and the

young of their family were house arrested for months and

subjected to humiliation and psychological torture. As a result

of military action, Pakistan was suspended from the

Commonwealth, and at the time of writing this letter it still

stands on the watch list due to uniform issue.


along his entire family was exiled to Saudi Arabia.

Prime Minister Nawaz Sharif’s younger brother Mian Shahbaz

Sharif current President of the Pakistan Muslim League (N)

resisted the extreme emotional blackmail, and refused to leave

his prison cell in Landhi Jail in Karachi. Despite his resistance,

he was forced to board the aircraft by the brutal force of the

military authority. During his stay in Saudi Arabia he

developed a serious ailment in January 2003 for which he had

to urgently travel to the United States where he underwent a

surgery at New York.

Mian Shahbaz Sharif’s family returned to Pakistan to attend

their daughter’s wedding but unfortunately, on 1st July 2003

under an illegal order of the military government, his wife and

daughters were hunted down and arrested without any charge

in the most cruel and humiliating manner and made to forcibly

board a plane to Jeddah.

Mian Shahbaz Sharif was forcibly deported back to Jeddah

from Lahore despite his willingness to appear before court of

law in defiance of SC’s observation in his petition No.

55/2003.

We submit that Art. 14, 15, and 25, of the Constitution of

Pakistan 1973 clarifies in the following terms.

Art. 14 says that ‘The dignity of man and, subject to law, the

privacy of home, shall be inviolable.’

Art.15 also certifies that ‘Every citizen shall have the right to

remain in, and, subject to any reasonable restriction imposed

by law in the public interest, enter and move freely throughout

Pakistan and to reside and settle in any part thereof..’

and Art.25 which is parallel to art.14 of the ECHR guarantees

that ‘(1) All citizens are equal before law and are entitled to

equal protection of law.’

I refer the following paragraphs of the Judgment in Const

Petition Number: 55/2003 which are relevant to this issue:

“15. It is significant to note that neither in the

comments nor during the course of arguments the Federal

Government/ Government of Punjab has disputed the right of

the petitioner being a citizen of Pakistan to come back to the

country nor referred nor brought on record any

agreement/document permitting the government to force the

petitioner to live in exile.

28. It is not denied by learned Attorney General for

Pakistan and Advocate General Punjab nor so could be denied

that Article 15 of the Constitution bestows a right on every

citizen of Pakistan to enter or move freely throughout the

country and to reside and settle in any part thereof. It is a

settled proposition of law that the right to enter in the country

cannot be denied but a citizen can be restrained from going out

of the country. The petitioner is a citizen of Pakistan and has a

constitutional right to enter and remain in the country.

29. Above are the reasons of the Short Order dated 7.4.2004,

whereby above petitions were dismissed as under: -

“During the course of arguments, learned counsel for

the petitioner submitted that the petitioner is ready to

face the cases registered against him. He also stated

that the petitioner will not mind even if he is arrested

at the airport.

2. For reasons to be recorded later on, both these

petition are dismissed with an observation that the

petitioner may come back from abroad subject to the

law of the country.”

Petitioner never followed it up in courts for specific relief and

or for contempt after his deportation as he learnt the state of

play that justice will be denied by the current rulers to him, but

lawyer community asks your Lordships that it was the duty of

court when State failed to produce any evidence, did not

disagree petitioner’s right to enter Pakistan, and his removal

from Lahore to Jeddah was an act of contempt as well as was

in defiance of Supreme Court observation. Court must look

into this matter as once the observation is given, any action

otherwise makes it questionable and sub judice and needs to be

looked by this honourable court for complete scrutiny

evaluating all statements which were given after deportation as

if the Govt of day has won a war. We feel that Supreme Court

is requested to take action on this issue ‘suo moto’ to curb the

tendency of lack of respect for rule of law and court order(s)

and observation(s) as the court has kindly taken action in ‘one

dish’ defiance cases.

Rule of law has its own price and at this moment Pakistan

needs a ruler who can make rule of law a distinctive feature of

his governance and eradicate all the evils in civil society and

ensure justice at the door step of a common man.

Only fair, fast and firmer justice and free elections can ensure

that no one dares to breach the core essence of Pakistan’s

constitution. We need a strong system not couple of sham

convictions to deter political activists. Federation and future of

Pakistan lies with democracy which is not possible unless and

until free elections are held under independent care taker set

up.

Pakistani people can live in poverty, restlessness, without food,

hygiene or modern facilities but they can not live in an unjust

society where might is right is applied as a principle. Unless

people get their basic rights as per right, democracy can not

flourish.

Once again I am grateful for your access to us. Please do not

hesitate to contact me at 01706-346111 if I can be of any

assistance and I look forward to hearing from you.

Yours faithfully,

Amjad Malik

Solicitor-Advocate Supreme Court (England)

Chairman Association of Pakistani Lawyers (APL) UK

Letter to CJ – ill treatment with the Chief Justice of

Pakistan

Monday, March 19, 2007

Your FCO Ref: FCO/CJ/2007

Lord Chief Justice Iftikhar Mohammed Chaudhary

Lord Chief Justice of the Supreme Court of Pakistan

Constitution Avenue, Islamabad

Supreme Court of Pakistan

Islamabad

Pakistan

Section Lines # 9220581-9220600

Fax # 9213452

Email: [email protected]

Dear Honourable Lord Chief Justice Iftikhar Mohammed

Chaudhary Chief Justice of Pakistan,

Re: Chief Justice of Islamic Republic of Pakistan

We at the Association of Pakistani Lawyers (APL) along with

fellow English Judges & Solicitors of the Supreme Court of

England and Wales as well as members of respective regional

Bars and ex pat members of APL refer to above and we jointly

express our deep sorrow and dismay at the ‘ill treatment’ of

current Chief justice Iftikhar Mohammed Chaudhary at the

hands of local law enforcement agencies police on the 13th

March 2007 as well as your continuous detention of which

Acting Chief took a suo moto notice and we have jointly

demanded exemplary punishment against all those involved in

decision making to implementation of those unlawful act(s).

We all jointly appreciate in the highest terms of your

unprecedented determination to face allegations against

yourself at SJC and your decision not to resign from your

constitutional position. English media declared it a 'Judicial

Error’ as was the editorial in The Times newspaper (London)

on 14 March 2007 and we assert that rule of law has its own

price and at this moment Pakistan needs a ruler who can make

rule of law a distinctive feature of his governance and eradicate

all the evils in civil society and ensure justice at the door step

of a common man. Only fair, fast and firmer justice and free

elections can ensure that no one dares to breach the core

essence of Pakistan’s constitution. We need a strong system not

couple of sham dismissals to deter political activists to work

for the cause of Pakistan. Federation and future of Pakistan lies

with democracy which is not possible unless and until free

elections are held under independent care taker set up and

Judicial Independence is guaranteed as per the letter and spirit

of Constitution.

All the lawyers at APL jointly expressed to communicate that

Pakistani people can live in poverty, restlessness, without food,

hygiene or modern facilities but they can not live in an ‘unjust

society’ where might is right is applied as a principle. Unless

people get their basic rights as per right, democracy can not

flourish and if the Chief Justice a guardian of justice in the

country is not safe from the brutal, unbridled force of the law

enforcement agencies when we can not complain what we saw

the brutality of young son of a missing father who was baton

charged and humiliated in front of capital’s main hotel at the

hands of local police for protesting against the unlawful

confinement of his father.

It’s a dangerous tendency to try to tame the important pillar of

state and intimidating the honourable Chief justice and only

Supreme Court itself from its own internal mechanism can

address and challenge it and may save this institution by due

consultation, wisdom, patience and honour and we wish all the

judges the best in their endeavors to bring us all out of this

‘constitutional quagmire’ and worst crisis of the country.

We agree that personalities are not higher than national interest

and sometimes, one ought to sacrifice personal pride and

interest upon supreme national interest.

Once again we all are grateful for your access to us. Please do

not hesitate to contact the Association at 01706-346011 if we

can be of any assistance and we look forward to hearing from

Supreme Court a statement which has become a public demand

a surety of indiscriminate ‘justice’ for all .

Yours faithfully,

Amjad Malik, MA, LLM

Solicitor-Advocate of the Supreme Court of England and

Wales

Life Member SCBA (Pakistan)

Chair Association of Pakistani Lawyers (UK)

UK Lawyers condemns Karachi riots

Association of Pakistani Lawyers a team of Pakistani origin

lawyers, Solicitors, Barristers, Judges in UK jointly condemned

in highest terms uncalled for riots of 9th of April which

resulted in burnings of lawyers alive in their chambers to

sabotage the newly installed Govt, deteriorating the law an

order situation thus creating unrest and fear in the city in

Pakistan.

APL noted with great concern the role of exiled fire brands

who are inciting racial hatred abroad which results in killing of

innocent human beings. APL raised this issue with British

Govt on 17 May 2007 and once again raised this issue with

British Prime Minister Gordon Brown & Home Secretary

Jacqui Smith on 11 April 2008 which a question that Britain

may be under a retaliatory threat to its public order due to

unlawful events developing on and after 12th May 2007 in

Karachi which were repeated on 9th April 2008 which virtually

held the city in a siege for 6 hours and the city observed the

worst lawlessness which did not spare media personnel too and

any possible links of UK in this.

Responding on behalf of British Govt Juliet McCarmmon

wrote to APL Secretary condemning such acts and assuring the

UK lawyers of the available protection and remedies available

under existing legislation.

She wrote as following,

“Thank you for your letter of 11 April 2008 addressed to the

Home Secretary about incitement to racial hatred in Karachi on

9April 2008, which you allege is by people in London. I have

been asked to reply. The Government abhors all forms of

violence and deplores the atrocities that occurred in the riots in

Karachi on 9 April 2008.Where a crime has been committed or

if there is an allegation of crime, a complaint must be made to

the local police. It’s the police’s duty to investigate. If they do

and identify evidence against one or more suspects, they must

notify the Crown Prosecution Service. The CPS will then

consider whether a prosecution is needed in the public interest.

You say at Paragraph 3 of your letter that a particular

individual is suspected of being to blame for the riots. If you

have any evidence that this person, encouraged the riots that

took place in Karachi you should report the matter to the police

who will take the appropriate measures to deal with the matter.

We have introduced a number of offences for tackling race and

religious related hate crimes. For example, nine racially-

aggravated offences were introduced in the Crime and Disorder

Act 1998, which included assaults, criminal damage and

harassment, which make available to the courts higher

maximum penalties where this is evidence of racist motivation

or racial hostility in connection with offence. The Act also

requires a judge or magistrate dealing with any offence that is

racially aggravated to state in open court that they have found

it to be aggravated, and meriting an increased sentence. The

offences also give a higher profile to the racial elements in

crimes by requiring the police to look for evidence at the

earliest possible opportunity, and by ensuring that the racial

element of a crime goes before the jury. Juliet McCammon,

10/06/08”

APL spokesman hoped that their representations are given due

weight in the public interest in order to avoid and check before

hand any unrest and criminal activity taking place any where in

the world which has links to London and may have the

potential to result in mass killings.

Approved by Amjad Malik the chair and executive of the

Association of Pakistani Lawyers (UK)

UK lawyers condemn Benazir murder


lawyers, Solicitors, Barristers, Judges in UK jointly condemn

the blasts of 27 Dec 2007 during a political procession of

former Prime Minister of Pakistan which took her life and they

have jointly expressed their condolences to her family and to

the families of the people who have lost their lives and

expressed sympathies with those who are injured. They

demanded from Govt of the day to provide free medical aid to

all of them indiscriminately. APL demanded that the Musharraf

run Govt’s caretaker or otherwise have failed to ensure law an

order situation on this expected heavy turn out day and now the

time has come that heads must roll and they must resign from

their posts pending judicial enquiry as this is the Fourth major

incident after the Nishtar Park blast, and 12th May Massacre,

fatal disruption during Ms. Bhutto’s arrival in Karachi ON

18TH Oct and now her death which calls for immediate action.

APL demands that SC appoints a high powered judicial

enquiry commission consisting of a top credible Judge of SC

ideally non PCO, a former Chief of Army Staff, and a top

medical doctor with credentials and respect in profession which

is time barred and brings those to account who have violated

the law of the land and justice to Benazir Bhutto and her

family as governmental enquiry will be a pointless exercise as

we have seen on last 2 occasions.

APL further condemn the deteriorating law an order situation

in Pakistan as a result of which situation like 12 May 07 is seen

almost every other day in Pakistan and The government of the

day must show political will to promote some integrity and

tolerance to bear the voice of opposition which is their

democratic right as they claim in their enlightened moderation

charter and as it was the election year, level playing filed

should have been ensured to two top political parties of the

country which must be considered as a national asset.

APL further calls for a broad based national reconciliation

where all parties are truly represented to ensure initiation an

open and frank public discussion in the supreme national

interest with all political parties at a round table ensuring

unconditional presence of all leaders to discuss how an exit of

military from national politics can be practically made possible

and how a fair and transparent elections can be held in Pakistan

or how a national government can be formed forthwith. Those

consultations may discuss the mechanism of inducting an

independent and reliable care taker set along with powerful

election commissioner who will impartially hold elections

which appears to be and are in fact transparent and fair. Those

consultations with all parties will also discuss as to how the

independence of judiciary can be secured as only a fair and

independent judiciary can guarantee holding of a fair

election(s) in Pakistan.

APL further demands that Nawaz Sharif’s life is in immediate

danger now and he must be protected in order to safeguard the

Federation and he is provided the top security for his travelling

forthwith.

APL hopes that Lawyers, media and Civil society’s

contribution is fruitful to bring Pakistan out of this crisis to

save the federation and country from imminent dangers.

APL members show solidarity with all the supporters,

members and workers of PPP on the sudden loss of their leader

and pray that her soul rests in eternal peace.


UK Lawyers Condemn imposition of emergency rule in

Pakistan


lawyers, Solicitors, Barristers, Judges in UK jointly condemn

imposition of emergency rule by Chief of Army Staff and

collaborating executive in Pakistan.

APL confirms that suspension of the 1973 constitution and

basic human rights is against the law of the land and

international law. We jointly make representation to

international community to take notice of such intimidation of

judiciary, press, lawyer community and free society and reject

this imposition inviting General Musharraf to call for broad

based national reconciliation ensuring participation of all

political parties. If this gulf between common man and armed

forces is not checked, the federation may suffer grave damage.

We reject imposition of hurdles in citizen’s rights to contact

higher courts for justice and relief when Govt of the day fails to

deliver.

In the current geo political situation in the country The

President must consider an option of reconciliation with the

people of Pakistan as Government with Steel Mill Judgment,

land grabbing mafia, sugar and cement crisis, continuous stock

exchange crash (es), and Nabbed’ ministers amongst their

ranks with introduction of so called ‘NRO’ will struggle to

prove the basic ingredients of emergency as we are neither at

war nor under threat of an attack. However current situation

desires all heads of constitutional tracheotomy to observe

extreme patience and wisdom and be visionary to avoid

conflicts which have serious repercussions for the state of

Pakistan.

APL demands that the military regime at once resort to civilian

set up, announce date of elections, and appoint a care set up to

hold free and fair elections.

APL claims that terrorism is a common menace and it can be

fought with wisdom and political reconciliation and defusing

hard line approach with reforms package, taking masses with

the drive and alienating hard liners. General Musharraf’s latest

acts will further divide the civil society and true representation

of people will be missing and these acts will further damage

the cause.

APL further condemns the deteriorating law an order situation

in Pakistan and arrests of lawyers and suppressing media. The

government of the day must show political will to promote

some integrity and tolerance to bear the voice of opposition,

media, and civil society which is their democratic right as they

claim in their ‘enlightened moderation’ charter and the credit

they take.

We all hope that Lawyers, media and Civil society’s

contribution is fruitful to bring Pakistan out of this

constitutional crisis and we hope that it reaches to those rulers

who make decision(s) to listen to it and act accordingly for rule

of law, justice and supremacy of Constitution to save the

federation and country from imminent dangers.

Dated: 03 November 2007

Lord Ahmed met with US officials at House of Lords

On 8th of October 2008 at House of Lords, Lord Ahmed met

US diplomats with a four member delegation to air concerns of

British Pakistani community on US attacks inside Pakistan and

its repercussions on the people, region and the state of

Pakistan.

Lord Ahmed in his letter to US Ambassador dated 08/09/08

protested over such attacks and called for a meeting with his

small delegation to convey Pakistani community’s reservations

Peter Lord, Political Officer and James Donegan First

Secretary at US Embassy (London) met Lord Ahmed and his

delegation consisting of Solicitor Amjad Malik (Vice chair of

APL representing North), Barrister Abid Hussain (Association

of Muslim lawyers), Tariq Dar a community leader from Brent

and a business man Jameel Dada.

Lord Ahmed briefed them the fall outs of such policy and

emphasised on the need of genuine South African style

reconciliation with all the stake holders in Pakistan. He

reiterated what he said at House of Lords on 6 Oct that ‘what is

needed is a genuine truth and reconciliation commission-a

genuine centre for peace and dialogue where the Bugtis, the

Mengals, the Murrees, The Maulanas and the Khans can sit and

where every citizen of Pakistan can feel respected and equal

citizen of Pakistan’.

Amjad Malik representing Lawyers & North insisted that US is

failing in their perception to alienate Al-Qaeda from

mainstream Pashtuns of Afghanistan and of Pakistan. He

strongly expressed his reservations over US attacks inside

Pakistan which lacks legality and will isolate it in the

international community and in return alienate US in the eyes

of common Pakistanis which will be asset back for any drive

against radicalisation & extremism. He asked them to reward

Pakistan for their alliance in a difficult war and not punish it

like Cambodia. Tariq Dar asked them to review Western

double standards and Barrister Abid Hussain strongly

expressed his views on selective national reconciliation and

expressed strong reservation on the leadership of Zardari who

was said to be suffering from ‘dementia’ and branded Mr. 10%

by the West. He asked the diplomats to use the services of Lord

Ahmed in any drive for a genuine all stake holders

reconciliation. Jameel Dada briefed all about the insurgency

situation in the province and the state of people who are

affected, and picking up arms akin to a civil war.

Both diplomats heard patiently and avoiding answers to the

question on new policy to strike inside Pakistan stressed the

need of continuing a dialogue at all levels. They said that US

wants stability in Pakistan and the last thing they want is

instability in the region and US considers that Al- Qaeda,

Taliban and insurgents are a real danger to Pakistan’s internal

stability as well as a threat to the peace in the region and the

World, though they think that Pakistan military is not looking

at that threat and holds a different view. They think civilian

leadership will share their view and rather than perceiving

India as a threat to Pakistan, it will focus on inside internal

stability and will consider Al-Qaeda, Taliban and rising

insurgency in Fata as the main threat which poses a bigger

challenge to the state, the region and international peace. They

emphasised that they are inclined to work with Civilian

leadership to move ahead and advance to democracy, for

national reconciliation with non violent conflict resolution.

Lord Ahmed thanked the delegation after the meeting and both

sides stressed the need to continue such interaction to listen to

each other’s views.


Congratulations to American President

5 November 2008

Dear Mr. President Obama,

I learnt the results of the US Presidential election early

morning of the 5th of November in UK and heard your speech

with a great interest. I on behalf of Association of Pakistani

Lawyers a team of Pakistani origin lawyers, Solicitors,

Barristers, Judges in UK jointly congratulate you on your

remarkable, historic victory for change in The United Sates,

and in return in the World.

Your victory, Mr. President, has not only revived the concept

of modern democracy where dissent can be expressed through

ballot, but a huge turnout proves that American people are

alive and kicking in the time of need. When international

recession and financial institutions are looming with crisis,

your reconciliatory approach is a sigh of relief for war ridden

areas like Iraq, Afghanistan, Palestine and many states of

Africa which are deprived of basic hygiene, food and shelter

and infants die in the early age of their life without food, clean

water and vaccination.

Your election Mr. President has also given a new dimension of

human race where a concept has been strengthened that race

colour and creed can never hinder in human development and

progress and your over 51% votes by all communities reject

human created divisions and call for saving and serving the

humanity. American people deserve applause for rejecting

colour discrimination and vote for the best on the day. It will

be unjust not to mention the grace with which Senator McCain

fought election against you and accepted defeat with honour,

pride and humility.

America needs to offer hope to the community of nation and

revitalize its efforts to jointly consult with the world if it ever

desire to come closer to victory on its drive against extremism.

No doubt, 9/11 was the most tragic and most condemnable

attack on civilization by criminals and proportionate use of

force, revival of United Nations role, protecting the sovereignty

of independent nations, joint intelligence sharing mechanism

and collective wisdom is the key to defeat this menace.

We expect that President Obama has uniquely given hope of

peace, change and empowerment to its people and news of

peace to the world and we all wish you good luck in your

coming 4 years which will be a test for the new administration

and patience of the people of the United States and we hope

that you Mr. President will not let American people and the

world down as the world has a chance to be a better place

opposite to what it has been last 8 years.

We wish you luck as at present you need all the luck of the

world. Most profound regards.

Yours sincerely,

Amjad Malik, MA, LLM

Solicitor-Advocate of the Supreme Court of England

Chair Association of Pakistani Lawyers 2003-2007

Lawyer in the News – GAZZETTE

1- Quaid-e-Azam Muhammad Ali Jinnah

Founder of Pakistan (1875 – 1948)

2- Zulfiqar Ali Bhutto Chairman PPP & Premier of

Pakistan attending his court hearing

3- Be-Nazir Bhutto Chairman PPP and twice Premier of

Pakistan waiving at crowd minutes before she was

assassinated at Rawalpindi on 27 December 2007

4- Mian Nawaz Sharif Quaid of PML(N) & twice Premier

of Pakistan returning to Pakistan on 10 September

2007 after 6 years of exile

5- Chief Justice Iftikhar Mohammad Chowdhary, who

ignited the struggle for rule of law since 9 March 2007

6- Amjad Malik with his father Bashir Khalid

7- Amjad Malik with his son Humza Malik

8- Amjad Malik with his wife Nadia Malik

9- Amjad Malik welcoming Senate Committee Chair and first

Pakistani Lord Mayor of Manchester in September

2005

10- Amjad Malik with delegation of lawyers from

Faisalabad, at Manchester on August 2007

11- Amjad Malik with judges delegation from Pakistan at

London 15 January 2003

12- Amjad Malik meeting with Zafar Ullah Khan Jamali,

Premier of Pakistan in Islamabad on 17 August 2003

13- Amjad Malik with Justice Ghous Ali Shah at his

Rochdale Chambers with his colleagues in 2004

14- Amjad Malik welcoming Punjab Bar delegation

on 18 August 2007 at Manchester

15- Amjad Malik (APL) and Zulfiqar Bokhari (SCBA)

signing MOU with SCBA September 2007

16- Amjad Malik as Chair APL awarding Manzoor Qadir

President Lahore Bar association for his contribution in

Lawyers struggle in August 2008

17- Amjad Malik with Mohammed Rafiq giving award to

Zulfiqar Bokhari of SCBA acknowledging lawyers

movement in Pakistan in 2008 at Rochdale

18- Amjad Malik as chair APL welcoming Punjab Bar's

delegation at Manchester dated 16 Aug 2008

19- Rt. Hon. Sajjad Karim MEP, Dr Malik & Amjad Malik

making representation and giving APL Souvenir to

Senate Committee Chair Mr. Naeem Chattha on 14

Nov 2008 at Manchester

20- Amjad Malik with MNA from Faisalabad, Ch. Abid

Sher Ali in a ceremony in London 2008

21- Amjad Malik acting as stage secretary and addressing

PML(N) dinner hosted by Mian Nawaz Sharif on 12

February 2006 at London

22- Amjad Malik with Mian Nawaz Sharif and Pak

Muslim League women wing at London 12 Feb 2006

23- Amjad Malik at the time of signing the historic

‘Charter of Democracy’ dated 15 May 2005 at London

24- Amjad Malik attending as in charge VIP Committee at

APC London on 23-24 March 2007

25- Amjad Malik representing Mian Nawaz Sharif in

Flight PK 786 at Islamabad airport on 10 Sept 07

26- Amjad Malik narrating the events as they unfolded on

10 September 07 regarding deportation of Nawaz

Sharif from Islamabad at London in October 2007

27- Amjad Malik with a delegation meeting cricketing

legend turned politician Imran Khan 9 June 2007 at

Richmond, London

28- Amjad Malik meeting USA Diplomats over drone

attacks with Lord Nazir Ahmed of Rotherham at

London House of Lords on 8 October 2008

29- Amjad Malik with UK's Minister for Justice Mr.

Shahid Malik at a ceremony in UK 2008

30- Mian Nawaz Sharif addressing a gathering in the run

up of February 2008 elections post his exile and return

to Pakistan

31- Amjad Malik receiving gold medal from then Chief

Minister Punjab, Mian Muhammad Nawaz Sharif at

Govt College, Faisalabad, Pakistan in 1988

32- Amjad Malik receiving 'young human rights lawyer of

the year 2000' award from Lord Chief Justice & Lord

Bingham of Cornhill on December 2000 at London

33- Amjad Malik receiving ‘National pro bono Solicitor of

the year 2001 award’ from The Law Society President

Mr. Michael Napier at Law Society Hall in London on

6 July 2001

34- Amjad Malik receiving award for community service

held by Pakistan Press Club (Manchester) at the hands

of Masroor Junejo, Pak Consul General dated 2007

35- Amjad Malik receiving ‘outstanding services award in

law and human rights’ at the hands of Dr Maleeha

Lodhi, Pakistani envoy at London on 28 Feb 2007

36- Amjad Malik with Mian Shehbaz Sharif at the first

event held after his exile to Saudi Arabia at

Manchester in October 2003

37- Amjad Malik with Mohammed Rafiq, Barrister Ahmed

Nadeem a British Judge, and Dr Malik at APL event in

2006

38- Cartoonist depicted the treatment bestowed to the

Chief Justice of Pakistan which ignited a struggle for

rule of law and justice since 9 March 2007

Amjad Malik MA, LLM

Brief profile

Amjad Malik is a Solicitor–Advocate of the Supreme Court of England and

Wales, a life member of SCBA of Pakistan, a specialist in immigration and

Human Rights Law and has done LLM in National Security Law. He is a

member of Law Society’s Immigration Law Committee, and was awarded

‘Young Human Rights Lawyer Award’ for the year 2000. In the year 2001,

Young Pro Bono Solicitor’s Group also named him for the national ‘Young Pro

Bono Solicitor Award’ for his free work. On 28 February 2007 he was awarded

by United International Community Forum (UK) in recognition to his

outstanding professional contribution towards service of Asian and British

community in role model capacity. He sits on ‘UK Foreign and Commonwealth

Office’s Pro Bono Lawyer’s Panel, a member of Young Lawyers Committee of

IBA and is a Vice Chair of ‘Association of Pakistani Lawyers (UK)

Road to Democracy

Documents

Transcript of Road to Democracy