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Justice(R) Fakhruddin G Ebrahim’s Draft of Resolution for the Restoration of Genuine Judiciary
(DRAFT RESOLUTION by Justice(R) Fakhruddin G Ebrahim for the Restoration of Genuine Judiciary )
THE NATIONAL ASSEMBLY OF PAKISTAN
WHEREAS, We the elected representatives of the people of the Islamic Republic of Pakistan acknowledge and honor the long and arduous struggle for the return to democracy and rule of law by the legal fraternity, civil society and the ordinary citizens of our beloved country.
AND WHEREAS, We pay tribute to Shaheed Mohtarma Benazir Bhutto and thousands of brave political activists across the country who made the ultimate sacrifice and laid down their lives or suffered imprisonment for the cause of restoration of parliamentary democracy and the rule of law in Pakistan. We shall not let their sacrifices go in vain.
AND WHEREAS, this Assembly is mindful that the foundation of democracy cannot survive without a return to the rule of law. We are mindful, that the rule of law cannot survive the rule of the gun unless we have an independent judiciary. And, we are cognizant that we shall never have an independent judiciary if the Judges of the Superior Court’s of this country are imprisoned at the whims of a lone individual.
AND WHEREAS, we as Members of the National Assembly have taken oath to “preserve, protect and defend the Constitution of the Islamic Republic of Pakistan” and we shall not waiver from this oath.
AND WHEREAS, Article 209(7) of the Constitution provides in no uncertain terms that “A Judge of the Supreme Court of or of a High Court shall not be removed from office except as provided in this article.” Therefore, as opined unanimously by leading former Chief Justices and Judges of the Supreme Court of Pakistan, the actions of 3rd November 2007, seeking to remove and restrain the Chief Justices and Judges of the Supreme Court of Pakistan and the Provincial High Courts is void ab initio and has no sanctity in law.
WE, THEREFORE, bound by our Constitutional Oath and the mandate given by the people of Pakistan on February 18, 2008 do hereby RESOLVE and call upon the Federal Government to remove all illegal restrictions placed on the Chief Justices and Judges of the Supreme Court of Pakistan and the provincial High Courts on and after 3rd November 2007 with immediate effect.
History shall not forgive those, who even now, may seek to obstruct the irreversible path to constitutional rule in our great country.
THEREFORE, WE FURTHER RESOLVE, and call upon the Federal Government to perform its obligation under Article 190 of the Constitution and act in aid of the Chief Justices and the Judges of the Supreme Court of Pakistan and the Provincial High Courts who were illegally restrained on and after 3rd November 2007 so that they may resume their Judicial functions in accordance with the provisions of the Constitution.
(Emergency mailing list)
Chief Justice of Pakistan, Iftikhar Chaudhary Released–>Congratulations Pakistan!
Congratulations Pakistan!
Chief Justice Pakistan Iftikhar Muhammad Chaudhary Released after months of illegal detention from 3rd November 2007 by the dictator’s government.
The newly elected Prime Minister, Yousuf Raza Gillani issues his first order as PM of the release of all the judges who refused to surrender in front of the dictator.
The genuine CJ of Pakistan Iftikhar Chaudhary thanked the society (while addressing a large number of members of civil society, lawyers community and political parties) of their great support for him and all the deposed judges and showed his expectation that they will also support them in future.
The SC bar president, Aitzaz Ahsan congratulated the civil society,lawyers and the political parties who supported the movement and showed the commitment to the cause and also he said that the main task is still ahead and that is the freedom of the judicial system and re-instating of the judiciary.
The decision is a real set back for the dictator Musharraf and his rule who made probably the biggest blunder in the history of Pakistan by illegally deposing the judiciary and committed high treason by first suspending and then illegally amending the constitution of Islamic Republic of Pakistan.
Need to re-think our approach as a Nation—>Long Live Pakistan
Today Pakistanis are celebrating the “Pakistan Day”, the day on which our ancestors
committed there selves for the cause of freedom and to lay the foundations of a state
where Muslims of India will live there lives according to the golden principles of Islam.
We are facing one of the most(if not the most) decisive moments in our national history.
In these difficult moments we must need to strengthen our will to be a one nation,
a nation not divided by ethnic and
sectarian boundaries but united by a strong ideology, the ideology which was based on
the golden principles of Islam which teaches us of Justice and Equality among ”all”
man-kind regardless of religion or race, which teaches us to be one ummah.
As Muhammad Ali Jinnah said on his 23, March 1940 address :
(Muhammad Ali Jinnah , addressing on the occasion.)
“Come forward as servants of Islam, organise the people economically, socially,
educationally and politically and I am sure that you will be a power that will be accepted by everybody.”
Below is the Resolution which was passed on 23 March 1940:
“While approving and endorsing the action taken by the Council and the Working Committee of the All-India Muslim League, as indicated in their resolutions dated the 27th of August, 17th & 18th September and 22nd of October, 1939, and 3rd of February, 1940 on the constitutional issue, this Session of the All-India Muslim League emphatically reiterates that the scheme of federation embodied in the Government of India Act 1935, is totally unsuited to, and unworkable in the peculiar conditions of this country and is altogether unacceptable to Muslim India.
It further records its emphatic view that while the declaration dated the 18th of October, 1939 made by the Viceroy on behalf of His Majesty’s Government is reassuring in so far as it declares that the policy and plan on which the Government of India Act, 1935, is based will be reconsidered in consultation with various parties, interests and communities in India, Muslims in India will not be satisfied unless the whole constitutional plan is reconsidered de novo and that no revised plan would be acceptable to Muslims unless it is framed with their approval and consent.
Resolved that it is the considered view of this Session of the All-India Muslim League that no constitutional plan would be workable in this country or acceptable to the Muslims unless it is designed on the following basic principles, viz., that geographically contiguous units’ are demarcated into regions which should be constituted, with such territorial readjustments as may be necessary that the areas in which the Muslims are numerically in a majority as in the North Western and Eastern Zones of (British) India should be grouped to constitute “independent States” in which the constituent units should be autonomous and sovereign.
That adequate, effective and mandatory safeguards should be specifically provided in the constitution for minorities in these units in the regions for the protection of their religious, cultural, economic, political, administrative and other rights and interests in consultations with them and in other parts of (British) India where the Mussalmans (Muslims) are in a majority adequate, effective and mandatory safeguards shall be specifically provided in constitution for them and other minorities for the protection of their religious, cultural, economic, political, administrative and other rights and interests in consultation with them.
This session further authorises the Working Committee to frame a scheme of constitution in accordance with these basic principles, providing for the assumption finally by the respective regions of all powers such as defense, external affairs, communications, customs and such other matters as may be necessary.”
And in the end I would like to remind what our founding
fathers wanted our country and nation to be:
“Pakistan not only means freedom and independence but the Muslim Ideology which has to be preserved, which has come to us as a precious gift and treasure and which, we hope other will share with us”
Message to Frontier Muslim Students Federation June 18, 1945
This is a high time to re-think our approach as a nation.
Long Live Pakistan.
Muslims and all the sensible people must get unite to stop this cartoon madness by enemies of peace.
Since September 2005 a deliberate attempt is being made to make the world move towards the satanic philosophy by Zionists in Europe and all over the world i.e. the clash of civilization.
The issue resulted in a row of anger and finally was settled after the EU apology to the Muslims during 2005 and 2006 is now ignited again by the enemies of peace again who are planning for a global war to fulfill there evil agendas.
They take support, from the advocates of unethical freedom of speech and expression but when it comes to criticizing or even questioning the Holocaust and the authenticity provided to the world (many still believe it was a drama to gain sympathy and achieving the Zionist agenda nevertheless I don’t give a damn to that but unfortunately the punishment is given to those who were not involved i.e. Palestinians).
The time has come for the people who believe in justice and peace and specially the Muslim rulers to end there dead attitude must take some practical measures to stop this non-sense otherwise the consequences will be unbearable.
The time has come to expose the real terrorists (who are also behind the cartoons episode of expressional terrorism).
Malik Qayum accepts Musharraf Actions were not according to the constitution–>Aitzaz out-classed Qayum in the live debate
In a live debate on 19 March 2008,with Supreme Court bar president and a well
respected lawyer of Pakistan (Chaudhary Aitzaz Ahsan) ,
the attorney general of Pakistan Malik Qayum accepts that the actions taken by Musharraf (at that time the Army Chief
of Pakistan) were “not according to the constitution” (but even after saying that he was committed with his stated position that they were not “un-constitutional”).
The puzzled and confused attorney general in the heat of the debate on several occassions changed his position on many
issues including the arrest of
Chief Justice of Pakistan Iftikhar Muhammad Chaudhary, the current constitution and PCO of November 3 2007, the illegal dismissal of the judges and also he had to admit that the parliament can take the issue of Iftikhar Muhammad Chaudhary and the current SC of Dogar cannot legally stop it.
In the debate while talking on the use of article 190 (which obligates all the executives to come in aid of the Supreme Court),
Aitzaz Ahsan said if this article is in consideration for the use then the executives must have to act in aid of the Supreme
Court
ruling by Seven Member Bench headed by CJP Iftikhar on 3rd Novemebr 2007 according to which the PCO and
emergency were
illegal and actions taken by Musharraf were illegal as well.
Meanwhile in an address to the lawyers in Hari Pur , the SC bar president expressed his stance on
the current judicial crisis and warned
the President and his Attorney General that if they create hurdles in the way of restoration of the judiciary and the judiciary was not restored after the 30 day deadline then a long march from all parts of Pakistan will start and will go the the Army house Rawalpindi(still used by Musharraf).
The SC bar president was well received by the citizens and lawyers of Hari Pur.
Condolence on the death of Imran Khan’s Father.
Assalam o alaikum
May Allah give peace to the departed soul of Ikram ullah Khan Niazi (Father of Imran Khan) and give patience to the family members.
We sent our heartiest condolence on his father’s sad demise to Imran Khan and his family.
(United4Justice)
Army must keep itself away from another confrontation with the civil society
It will be a serious debacle to the social and national integrity of Pakistan if General Kiyani decides to intervene in favour of General (R) Musharraf and his dictatorship.
According to media reports the current PCO-SC of Abdul Hameed Dogar may call the army to help Supreme Court (PCO-SC) in abstaining the National Assembly to revoke the November 3 2007 actions by Dictator Musharraf.
The media reports say that PCO-SC may use article 190 which obligates all the executives to act in aid of the Supreme Court BUT the executives must remember that the constitutional SC is of Honorable Chief Justice of Pakistan Iftikhar Chaudhary not of Abdul Hameed Dogar so if the article 190 is invoked it should be in aid of Justice Iftikhar Chaudhary and the Supreme Court which he heads constitutionally.
For the army and military establishment we can only pray that they will keep themselves away from another confrontation (or a possible clash) with the civil society of Pakistan and for the dictator we can only say,” Quit your position,have mercy on Pakistan and stop playing with the constitution and integrity of Pakistan”.
WE LOVE OUR ARMY(IT’S OUR OWN ARMY), WE RESPECT IT VERY MUCH AND IF THE TIME COMES WE WILL FIGHT ALONGSIDE WITH THEM (AGAINST THE ENEMY NOT JUDICIARY OR OUR OWN PEOPLE) BUT WE WANT THE ARMY TO ACT ACCORDING TO THE CONSTITUTION AND TO FOCUS ON THEIR ORIGINAL DUTY (POLITICS IS NOT THEIR JOB).
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Related Report:
A new crisis brewing for General Kayani(The News)
By Ansar Abbasi
ISLAMABAD: Despite the legal wrangling on the highly controversial action, the ball will be thrown into the court of Chief of Army Staff Gen Ashfaq Kayani if the Supreme Court calls the Army to its aid, apparently to subvert the restoration of the deposed judges by parliament.
The Supreme Court action, some legal minds say, may spell disaster and chaos given the prevailing charged environment in favour of reinstatement of the sacked judges with two main winning parties having vowed to restore them.
Even on the very first meeting of the National Assembly that was meant just for its swearing in, the Pakistan People’s Party (PPP) and Pakistan Muslim League (PML-N) made it quite evident that they do not accept the Nov 3 constitutional amendments, which paved the way for sacking of the superior courts’ judges. The two leading partners of the future coalition government — the PPP and the PML-N, which together have 212 members in the National Assembly — have already committed on March 9, 2008 in the Bhurban Accord that they would restore the pre-Nov 3 judiciary through a parliamentary resolution.
If the chief judge decides to invoke Article 190 of the Constitution, which says, “All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court”, and calls the Army in aid of the apex court than such a thing would happen for the second time in the history of Pakistan.
During the second term of Nawaz Sharif, the then chief justice Sajjad Ali Shah had also written to the then Army Chief Jahangir Karamat and sought the military help but he and the GHQ he was heading did not find the chief justice’s request valid for consideration and referred the same to the defence ministry, which is part of the executive.
A simple understanding of Article 190 lays bare the fact that the request to call the Army can’t be made directly to the military and it has to be routed through the executive. But at the same time, there are some constitutional experts, who argue the Supreme Court could directly call the Army.
One of the top legal aides of the government, on condition of anonymity, also argued that the Army could not only be called “to act in aid of the Supreme Court” but also be ordered by the Supreme Court to do the same.
The same legal aide claimed that the purpose of the Full Court meeting is firstly to show solidarity and give clear signal to all and sundry that the post-Nov 3 judiciary is united, and secondly, possibly to consider the option of writing to the Army Chief “to act in aid of the Supreme Court”.
He said if the next government restores deposed judges through a parliamentary resolution and revert the Supreme Court to the pre-Nov 3 situation then who would be there to protect the post-Nov 3 judiciary. The legal aide denied that he was part of a recent presidency meeting, which continued till 4:30 in the morning.
Gen Kayani has already put in a lot of effort ever since becoming the Chief of Army Staff to redeem the respect of the Army. He has not only directed the men in uniform to keep themselves away from politics and political leaders but also issued orders for the return of Army officers from civil institutions back to the GHQ.
The Kayani-led Army also received kudos for its impartial role during general elections. Although the Supreme Court’s order is generally binding on every institution, the present situation is a complex one.
The standing of the present Supreme Court is being questioned by the vast majority of parliamentarians, the legal fraternity, the civil society and others who do not accept actions of Nov 3 emergency-cum-martial law, including sacking of almost 60 judges of the superior judiciary.
In a situation where the people has given their mandate to the anti-Musharraf political forces and in favour of the general demand for restoration of deposed judges, dragging the Army into this matter would be highly controversial. It would be considered as taking side with the dictator and against the interests of the people. Such a situation would be chaotic.
Meanwhile, in the official circles there are fears being raised that the stage is being set by the presidency for imposition of emergency to regain its firm control over the state of affairs. It is apprehended that a situation is being deliberately created where constitutional institutions look like proceeding for a head-on collusion, which would make a perfect case for the caretaker prime minister to advise the president to promulgate emergency in the country.
But in such a scenario, yet again, the result would be complete chaos, anarchy and possibly bloodshed. It is relevant to mention here that 22 retired judges of the Supreme Court, including six former chief justices of Pakistan, have recently supported the idea of deposed judges’ restoration through an executive order or a parliamentary resolution.
They categorically said that this reinstatement does not require any constitutional amendment. All these respected former judges have found the Nov 3 action unconstitutional, including the oath of judges under the PCO.
Despite all this both mainstream parities, the PPP and the PML-N, and the lawyers’ community in order to avoid a possible confrontation, do not seek removal of the PCO judges or those who took oath under the Constitution after Nov 3. Contrary to this accommodation by those who enjoy the will of the people, any move to block reinstatement of deposed judges would be like inviting crisis.
Justice denied to 529 Missing Persons of Pakistan–>An open letter by Mrs. Amina Masood to General Kiyani
The following email was sent to General Kayani’s son so that he could forward it to his father.
This is a follow up on the Open Letter to General Kayani by Mrs. Amina Masood Janjua, from Defence of Human Rights asking for an official statement on the missing people with their charges and tried before the independent pre-Nov 3rd Judiciary. The ultimatum was 15th March, which has passed, and now cases for release of these people will be registered in international courts since Pakistan is unable to provide them justice.
To journalists and bloggers: While I understand the news piece may have some difficulty in getting published, please try your best to spread the word for the innocent missing people and their affected family members. This is the least we can do to condemn this heinous crime of the current regime.
In Solidarity,
Ryzwan Ullah Shaikh
Email message from Mrs. Amina Masoor (From Emergency mailing list)
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From: Amina Masood
Date: Mon, Mar 17, 2008 at 1:12 AM
Subject: Justice denied to 529 Missing Persons of Pakistan
To: Dear Sarosh, AOA Please forward it to your respectable father because there is other way I can access him.I will be truly greatful to you. You may be or may be not aware of the
most tortureing and painful issue of our Nation , It is the fundamental human rights concern
of those honorable citizens of Pakistan who have been picked up by our agencies ,later on
either sold to USA or Rienditioned to unknown locations held by CIA detentions.Few lucky
ones are with our own agencies ,they either die within the custody not able to bear the
torture or being released when they are mentally collpsed and good for nothing.Their
numbers with me are 529 today,but International Human rights groups say they are thousands more.Here is a chance for you to prove you care for you poor aggrieved Nation. Please play your role in this hour of need and turmoil for your Pakistani bretheren. Warm regards
Amina Masood Janjua
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Open Letter to Pakistan Chief of Army Staff Gen. Kayani
The International Campaign to Restore Democracy in Pakistan (crdpnow.org) and partnering organizations demand that Pakistan Chief of Army Staff Gen. Kayani submit a list of all the held detainees kept illegally by the intelligence and military forces under his jurisdiction. A majority of Pakistan’s judiciary was dismissed on November 3rd when President Musharraf imposed martial law in the guise of “emergency.” On November 13th, Pakistan’s Supreme Court was due to hear the cases of 485 victims of enforced disappearance over the past six years. Many of these had returned with horror stories from detainment centers around the world, including the one in Guantanamo Bay. The campaign demands the release of all those who are innocent and so that their missing status can be changed and family contact can be established. The families of victims of enforced disappearances demand that the COAS’s office issue a list of the names and charges of all Pakistanis held under extrajudicial detainment on account of actions taken by the army and intelligence forces under his command. In the weeks before March 15th, the deadline announced for the release of the names and charges of all detainees, this joint effort by Defense of Human Rights (DHR) and the International Campaign to Restore Democracy in Pakistan (CRDP) will investigate the evidence against all individuals associated with the government of Pakistan who may have authorized and carried out these abductions. The campaign will also consult with its partners in the United States, the United Kingdom, and Pakistan to develop a strategy to take immediate legal action against all parties responsible for these disappearances if no response is received from General Kayani’s office by March 15th. The Defense of Human Rights welcomes the campaign’s statement. Since September, 2001, thousands of valuable citizens are picked and kept in illegal detention where they are being tortured and interrogated, beyond the pale of the Rule of Law. Defense of Human Rights invites General Kayani to bring all such detainees to justice, release them all and submit a list of names of all those which are kept with Army or its Intelligence Agencies. We demand that those accused should be tried in open Courts, let their families contact them and have legal aid of their choice according to rule of Law. The Army Act Amendment implemented retroactively to justify illegal activities of intelligence agencies and try civilians in Army Courts will not be acceptable. In the absence of any acceptable response from your office before the proposed deadline of March 15th, 2008 the families of the victims of enforced disappearance have pledged to observe the following course of action:
- We will launch our struggle abroad where 520 cases of Enforced disappearances would be refiled for Justice.
- In the absence of an independent judiciary prepared to hear our cases,” the Defence of Human Rights will seek justice in international tribunals of justice.
- We will mobilize students to spearhead a Pakistan-wide campaign on behalf of the victims.
- The families of victims will travel all over Pakistan in all the major cities and launch a massive series of protests demonstrations.
Amina Masood JanjuaAnchor PersonDefence of Human RightsCell: 0301-5240550
Office No: 051-5511686
Note:The letter above refers to the case which became the main cause of differences between the Musharraf administration and the Supreme Court of Pakistan(which took notice of the missing persons situation and was trying to give them justice).
