Supreme Court has ordered to public lal masjid commission report and told the government to give it to anyone requesting for it. In the report the commission has put the blame of innocent loss of lives on General (R) Pervaiz Musharraf and his team at that time including former Prime Minister Shaukat Aziz.
There were some issues in the report which are still a subject of great like the body count and who died. Reportedly, according to the commission report some 103 people were killed in the operation including 92 civilians and 11 security personnel. They also said that no woman was killed in the operation.
However, according to several accounts from lal masjid students, prominent journalists and religious leaders, there were much casualties including women and children. Those who were killed, also allegedly included mother of Abdur Rasheed Ghazi and Abdul Aziz.
Before jumping on any conclusion, we need to take this report very carefully and in full context.
There are two parts of the issue:
a) circumstances in which the operation happened:
The commission interviewed people involved in negotiations and from establishment. based on that they put the blame on government for unnecessary loss of innocent lives. they have recommended DIYAT for the victims and also mentioned that they can go for QISAS as well.
b) ground evidence and number count of bodies and who died:
They had to rely on people sitting in ISI, MI or IB to get ground intelligence on that.
A good thing Supreme Court has done is that they have told the government to make the report public and so it will be a good chance for victim families and supporters to come forward and challenge the given figures based on possible lies of ISI, IB and MI or other govt. agencies. We need to know that most of the relevant ground evidence was destroyed by Army when they shut down the area.
It seems Musharraf’s gang is doing what is expected from them. They are willing to risk the whole country to save former military dictator, General (R) Musharraf. According to media reports, his crony and former DG ISPR General (R) Rashid Qureshi has urged army to intervene for protecting the former Pentagon pet dictator.
If army intervenes then the next Long March and Dharna should be at GHQ where the real evil resides. We support Justice Iftikhar Chaudhary and Supreme Court of Pakistan.
Insha Allah all the efforts and plans of these evil criminal minded satans will fail as Allah is the best of planners not them.
I think APML should be called as Anti-Pakistan Musharraf League instead of All Pakistan Muslim League.
Last straw?: APML urges army to intervene (Express Tribune)
“Top military leadership will come into action [as an ex-general is being denied justice],” Major General (Retd) Rashid Qureshi, a close friend of the former president told The Express Tribune.
The Islamabad High Court on Thursday cancelled Musharraf’s bail application in the judges’ detention case and ordered his arrest. On Friday, the former president was transferred from his Chak Shahzad farmhouse to Islamabad Police Headquarters.
“Enough is enough. Judicial activism will not be tolerated anymore,” General Qureshi said, adding Musharraf will continue to face courts until he gets justice.
“We will fight legally, morally and politically against injustice in Pakistan.” Read more
Statements by Chief Justice of Pakistan and Army Chief –> We support the Supreme Court, Chief Justice and the Constitution
In past few days there were some statements given by Chief Justice of Pakistan Iftikhar Muhammad Chaudhar and Army Chief General Ashfaq Prevez Kiyani. According to media reports, Kiyanis words were (from Pakistan Today):
“Any effort which wittingly or unwittingly draws a wedge between the people and armed forces of Pakistan undermines the larger national interest.”
Also he said:
“No individual or institution has the monopoly to decide what is right or wrong while defining the ultimate national interest.”
These words may not seem very harmful but if we look them in the context of Asghar Khan case and recent proceedings of missing persons cases in the
Supreme Court then one can get some idea about the possible target of the statements.
On the other hand, SC released a speech of CJP which he gave earlier but the timing of releasing the speech to media seems to be interesting and apparently it is related with the statement by Army Chief. In the speech, honorable Chief Justice of Pakistan Iftikhar Muhammad Chaudhary renewed his stance to protect the constitution.
According to media reports, he said:
“Gone are the days when stability and security of the country was defined in terms of number of missiles and tanks as a manifestation of hard power available at the disposal of the state,” the chief justice said while speaking to a delegation of the 97th National Management Course, National School of Public Policy and National Management College Lahore at the Supreme Court building.
Also he said:
“The composition, powers and jurisdiction of the Supreme Court are set out by the Constitution itself and the court exercises original, appellate, review and advisory jurisdictions and its decisions are binding on all other courts of Pakistan,”
I am glad that he acknowledges the struggle by the justice loving people of Pakistan who didn’t buy Musharraf’s national interest or national security type bogus cards and supported the judiciary.
“The present day Supreme Court is alive to the fact that it has been restored to its original position by unprecedented struggle carried out by a consort of such professional classes as lawyers, students, media persons and civil society at large.”
If I have to choose between judiciary and useless army, I will choose judiciary and constitution. It seems army chief is upset because of Asghar Khan case and missing persons cases. Also people like IK have openly said that if he will be in power then generals will also be made accountable in front of the law. Indeed these are some disturbing times for anti-Pakistan corrupt mercenary generals. Army will be the biggest hurdle in any genuine change against the forces of evil and status-quo. Prime example of Army’s support to status-quo is NRO which was given to the corrupt political and bureaucratic elite.
Kiyani needs to understand that if they follow the constitution and respect the principles of justice, human rights and freedom then people will not criticize them. Exceptions are those who are working on foreign agenda but if we look into it then we can see that most of them were supported by Army because of the pro-war stance by these people. If army wants respect then they have to come out of this American war and leave their role of mercenary army. They also need to focus on defending the country instead of taking part in political activities or taking control of land and economic resources of the country. Also accountability of culprits in the institution is also required to improve the image of the institution. We need a credible or even a strong defense but not at the cost of freedom, justice and human rights.
We support CJP and SC. Its our moral and constitutional responsibility to protect the constitution and country from these evil Khakis who only know how to serve their lust of power. They only love that Pakistan which is under their boots and we have to change this situation and inshaAllah it will be changed in a good way.
In a historic judgment by Supreme Court of Pakistan , the judges have ordered an action against Malik Riaz (real estate mafia lord), Salman (Son in law of Malik Riaz) and Arsalan Iftikhar Chaudhry (Chief Justice’s own son).
We salute Chief Justice and Supreme Court for showing us that, at least in their eyes, no one is above the law.
SC orders action against Riaz, Salman and Arsalan
ISLAMABAD: A two member bench of the Supreme Court comprising of Justice Jawwad S Khawaja and Justice Khilji Arif have concluded hearing of the Arsalan Iftikhar suo moto case and issued its short order.
In the short order the Supreme Court directed Attorney General Ifran Qadir to take strict action against Malik Raiz, Salman Ahmed (Riaz’s son-in-law) and Arsalan Iftikhar according to the law. The court said that the three had the right to a transparent trial.
The court ruled that Malik Riaz tried to buy justice, adding those giving bribes and those taking it were both sinners.
The two member bench also rejected the plea of Malik Riaz’s counsel Zahid Bukhari to form a commission or send the case to an investigation agency.
The short order was written on the basis of statements recorded by parties in the case along with those of Hamid Mir, Kamran Khan and Shaheen Sehbai.
Shaheen Sehbai admitted that the son of the CJ was targeted to hatch a conspiracy against the judiciary.
The order further said that Malik Riaz had accepted that despite spending more than Rs340 million he could not get relief. The media should not be used by such persons who do not respect the law and constitution, the order said.
Malik Riaz issue is a big test for the people of Pakistan especially those who are justice loving to prove their existence as human beings not as insects or blind sheep. Pakistan military and feudal-corporatist-extortionist political ruling elite thinks that we all are insects and blind sheep who can be easily crushed or can be taken any where.
There are reports that government wants to send a reference against Chief Justice Iftikhar Muhammad Chaudhry like Musharraf did in 2007. The move will give enough space for the government to waste time till the next elections and CJ’s 2013 retirement.
We need to decide now that what sort of life we want to give to our future generations. Are we ready to give a life of slaves to our future generations? Are we ready to surrender the rights of our future generations?
As John F. Kennedy said, “Those who make peaceful revolution impossible will make violent revolution inevitable. “
It seems government, military and allies want people who wan a system based on justice to go for the violent option. I think establishment and government want people to go for a French type revolution in Pakistan.
In a recent press conference Malik Riaz has attacked the Supreme Judiciary of Pakistan and Chief Justice Iftikhar Chaudhary. In his press conference he mentioned about meeting with CJP and tried to give an impression that he was meeting with him during the cases. In response to that Registrar of Supreme Court has clearly mentioned that these meetings took place when CJP was illegally deposed by Musharraf. It seems that the corrupt real estate mafi lord, Malik Riaz, is trying to blackmail the court. He met CJ only when he was deposed and there was a lawyer’s movement going on. CJ met many people during the movement including many lawyers but even those lawyers say that they didn’t get any relief.
Registrar SC also clarified that he was also present in the meetings.
Malik Riaz met deposed CJ: SC Registrar
ISLAMABAD: Responding to one of the queries of property tycoon Malik Riaz about the meetings of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry with him, Supreme Court Registrar Faqir Hussain said that the meetings took place when the Chief Justice was deposed.
In a statement issued here shortly after Riaz’s press conference in which he levelled serious allegations against the CJ, the SC Registrar said two to three such meetings took place between Justice Iftikhar Muhammad Chaudhry and Malik Riaz when he was deposed.
He said the meeting proposed a meeting between Asif Ali Zardari and the Justice Chaudhry. Talking to a private television, he said the chief justice flatly declined to have such meeting saying it would be inappropriate.
He said Iftikhar Chaudhry met Malik Riaz Hussain “two or three times” while he was suspended. The registrar said he was also present during the meetings with Malik Riaz and the Chief Justice.
Now if we look at the press conference by MR, we can clearly see that he is trying to create an environment against CJP. A day before , PM Gillani has also tried to show that he has the option of sending a reference against CJP. Although said it in a way that he doesn’t think that reference is required anymore but it is clear that he mentioned about the reference to give a message to SC and CJP. They both need to know that Musharraf tried his evil deeds against the judiciary and honorable CJP but Allah helped them in their noble cause of justice.
Assault on the judiciary by Malik Riaz seems to be fully backed by establishment who don’t want an independent judiciary in the country due to the cases of missing person, lal masjid, NRO and Mehran gate.
It seems that there is also international backing on this issue by those powers who don’t want a change in the country and want Pakistan to stuck in the NRO setup and war on terror. All the NATO supply thing is a drama and we all know (except some mentally blind people) that drones were flying from Pakistani airbases given to CIA/US Army by Pakistani Armed Forces (Mercenaries).
These forces of evil need to know that they can plan evil but someone above is the best of planners and insaAllah he will not let the evil win.
“Remember how those who bent on denying the truth plotted against you to imprison you or kill you or expel you: they schemed but God also schemed. God is the best of schemers.” (Quran, Al-Anfal 8:30 )
by Babar Sattar
The writer is a lawyer based in Islamabad.
The chief justice did the courageous thing by taking suo motu notice of the clandestine affair between Malik Riaz and his son Arsalan Iftikhar that had spread like wildfire through a crafty whispering campaign. And after putting the judicial wheels in motion to hold to account his son and Malik Riaz, and throwing his weight behind affixing the liability of the two in a transparent and impartial manner in an open court, he did the right thing by recusing himself from the case. Those who argue that the accusations rooted in gossip should have been shrugged off are wrong. The conduct in question might be that between two private individuals, but one of them being the CJ’s son, the insinuation was that illegal gratification was offered and accepted to influence the outcome of court cases pending before the Supreme Court.
From the disclosures made by journalists so far it is obvious that documents and accounts (and probably even videos?) were meticulously kept to drag the name of the CJ through dirt and consequently bring into disrepute the integrity and credibility of the apex court. The matter therefore didn’t relate to the CJ alone, but would bring under cloud the competence of the highest court of the land to dispense justice not adulterated by considerations of favour. And this in turn would bring into question the very notion of the existence and utility of rule of law in Pakistan by lending credence to the view that (i) law is not a shield for the weak but a weapon in the hands of the powerful to keep in subjugation the lesser mortals in society, and (ii) unimpeachable integrity is a defunct concept as every mortal is up for sale at the right price.
Such jaundiced view of the state and society is not a figment of cynical imagination but is rooted in the reality that the ordinary Joe is confronted with on an everyday basis. By all rational accounts we are living in a kleptocracy: a government of the extortionist, by the extortionist, for the extortionist. The state is in default of its contract with the citizen. You no longer have an entitlement to your rights even if you do your duty as a citizen. And consequently you have to pay for everything, even to protect your most basic rights to life, liberty and dignity. And if you are ready, willing and able to pay, it doesn’t matter if what you seek is right or wrong. State largesse flows through channels of personal patronage. Personal loyalty trumps merit. There is no distinction between honest and dirty money. And there are no principles remaining, only interests.
And consequently instinct demands that one accumulate as much wealth and influence as possible and use it to build social networks of protection to replace the role of the state. And it is people like Malik Riaz, who have mastered the ways of this ‘brave new world’ where money buys influence, influence yields more money, and with the use of money and influence to cajole the powerful and coerce the weak there are no limits to what you can accomplish. But not everyone in this state and society is comfortable with the rules of our evolving kleptocracy. And when someone who has reached the highest echelons of power within the state, like the CJ, refuses to be bought or otherwise inducted within the kleptocracy, the stakes go through the roof.
Within the kleptocracy that we are referring to, the kith and kin of the powerful do exceedingly well. Why should it be surprising that the mediocre son of our CJ grew a sense of entitlement to receive preferential treatment and climb the ropes without paying his dues? Does such lack of discretion and propriety reflect poorly on Iftikhar Muhammad Chaudhry, the father? It probably does. But does it undermine his integrity or credibility as a judge and a public-office holder? Absolutely not. In exposing the dealings between himself and Arsalan Iftikhar, Malik Riaz has used the nuclear option. Why would anyone need to employ means of last resort in the event that quiet persuasion is working? According to media accounts, Malik Riaz leaked details of sponsoring the merry-making of Arsalan Iftikhar because his investment wasn’t paying off.
So what we have so far is this. By his own account, Malik Riaz paid Arsalan Iftikhar to influence the outcome of judicial proceedings pending before the Supreme Court. Was he forced to do so because the wily Arsalan was blackmailing poor Mr Malik? Improbable, and Mailk Riaz would need to adduce evidence to establish that he was at the receiving end of this clandestine relationship with the imprudent 34-year-old. As Arsalan Iftikhar was not holding court and adjudicating cases implicating Malik Riaz, he would in fact need to establish that the CJ was in fact blackmailing him while using his son as an agent. Without this, and in view of information disclosed by Malik Riaz himself, he could be charged for offering illegal gratification to influence a public servant.
This could make him liable under Section 165-A read with Sections 162 and 163 of the Pakistan Penal Code as well as Section 9 of the NAB Ordinance. If it were established that Arsalan Iftikhar accepted the gratification with a view to influence the discharge of functions by the office of the CJ or other public servants due to the exercise of his personal influence, he could also be liable under Sections 162 and 163 of the PPC. Now that details of this scandal are out in the open, it is essential for the apex court not to take a narrow view of this affair in the event that Malik Riaz backs off and doesn’t adduce any evidence before the court, but instead exercise its inquisitorial powers to collect and decipher facts to ensure that both Malik Riaz and Arsalan Iftikhar are held to account for their actions in accordance with the law.
In this debate, Malik Riaz must not be seen as a solitary individual. He might be a good friend, a loving father and a rich man who believes in charity. But he is also a phenomenon that highlights the growing predatory instincts of our society. This phenomenon has cultivated the myth of infallibility and immortality of the powerful within the society. It has defeated the conventional wisdom that if you are caught with hands in the cookie jar society holds you to account and respectable folk refuse to associate with such delinquents. It has established that irrespective of personal repute, money can buy the best professional assistance. It has proven that if cut a piece of the pie everyone is willing to play ball. This phenomenon has established an ethic of success that labels right and wrong as irrelevant for those who aim for upward professional and social mobility.
The CJ’s commendable action of dragging his son before an open court and laying his ethical failings in plain public view is a defining moment in the fight between continuity of the depraved status quo and the desire for change. As nothing succeeds like success, the strength of the entrenched kleptocracy is rooted not in its popularity but in its efficacy. Our ruling elites – across the political class, the khakis, the bureaucracy, the media and the lawyer fraternity etc – are mostly its beneficiaries.
The few who still have qualms about meddling in grime have turned apathetic having made their peace with the ‘ground reality’ they cannot change. In this environment, the action of the CJ to stand by law and principle, even as he subjects himself and his family to public scrutiny and possible embarrassment, has provided a unique opportunity to stand up and fight the kleptocracy. We must not fitter this opportunity away.