Pro-war and pro-status quo forces have again tried to hijack the momentum of change through Mushi. Mushi,MQM,TuQ, PPP,ANP,PML etc are pets of pro-war local and international establishment and only those who are totally blind or have deep sectarian and social class prejudices against others support these satans. Its time for PTI,JI and other anti-war/anti-status quo groups to make a meaningful strategy against these forces of evil who brought death and destruction to this country and its people during the last many years.
Musharraf committed many crimes against humanity and his arrival should be used as an opportunity to punish him for these crimes. If he is punished for his crimes from courts after a due process then it will not only strengthen rule of law in the country but it will also help in cooling down some fire in KPK,FATA,Balochistan and other parts of the country.
Below is an article by a Syrian journalist who has put light on the lives people of Syria are living in fear. Bashar al Asad like his father is a tyrant and he seems to be the modern version of Nazi leadership. People should raise their voices all over the world and support the freedom and justice loving people in any manner they can.
Confessions of an ‘agent’ in Syria–>DAWN News Article
by Maryam Hasan (Pen name)
Whether it’s a call on my phone or at the door, I feel scared to death. I mentally prepare myself for the worst, assuming that “they” are here to take me.
But then, when I find a friend at the door or a homeless compatriot asking for food, I realise that it is not my day yet, it is someone else’s.
Despite being unusually lucky, my nightmares don’t end. I rather prepare myself to deal with a situation when Bashar’s sleuths would come to pick me up for writing about the misery of Syrian taxpayers and democracy-lovers.
Regardless of our terrible conditions, we do greet each other daily with ‘sabah al-khair’ or good morning but with little hope for the same.
When I hear stories of torture and disfigured bodies of the missing Syrians and journalists alike, my only prayer to Allah remains, “I am ready for it but ease it on me and my people please.”
We write with pen names and log on the Internet using proxies, thinking we are safe. The reality is otherwise. My missing journalist friends and bloggers had no time to say bye to their loved ones inside the very home they were abducted from. Al-mokhabarat or intelligence agents, just plucked them away, mostly in the dark of the night.
They may discover me sooner or later but I make it a point to erase all my cell phone logs of call and text messages, clear my browser history and empty my laptop’s trash bin. Thinking that I might have forgotten something, sometimes I repeat the act many times a night.
Of late, my personal fear of being kidnapped by government sleuths has been overshadowed by a big, bloodier development. Every day, I see uploaded YouTube videos of the best of Soviet and Russian arsenal knocking down bustling neighborhoods first in Dara’a, then Hama and now Homs.
While I still fear the footsteps of sleuths on my door, I am not being searched as minutely as before.
Instead of looking out for activists and undercover journalists, Bashar’s military is wiping out entire cities from world maps, over suspicions of treason against the Alawite regime.
What started as massacre has duly transformed into genocide. My editors abroad insist on sending my stories with real names, concrete evidence and versions from both sides. I have been in double jeopardy since the first eight months of the uprising when the world only knew about Tahrir square kind of protests.
I, sometimes, wonder if the top-notch media watchdog bodies really know what a faceless and nameless journalist in Syria goes through, at the hands of sleuths as well as the very editors known as gatekeepers.
When making a phone call can risk not only yours and your families’ lives but also the person answering the phone, calling a government source is simply suicidal. Even the most naïve journalist here knows that cellular and landline phone companies are not only owned by the regime’s front-men but also bugged and monitored.
Simultaneously, Syria is a busy place for journalists where one cannot choose which story angle to focus on any given day i.e. massacres in Homs, protests in Damascus and Idlib, Russian FM’s visit to Bashar, or statements from Washington echoing only fake promises.
But in the end the choice won’t be mine! The media company decides which one suits its agenda and its geopolitical context. Mostly, the easy bet is to bank on the wire service, ignoring the at-risk on-ground journalist who for them is a mere ‘stringer’!
I felt proud of my profession when I first saw stories by foreign journalists covering Syria from their high risk abodes and makeshift media centers. Though the world would not have believed a Syrian journalist like me for the Bab Amar massacre or siege of Homs but I hope they won’t ignore the outsiders’ testimony.
The natural but tragic death of Anthony Shadid, a Lebanon-born journalist for The New York Times, weighed very heavy on Syrian people’s hearts and the battered country’s image. Syria was referred to as home of death.
Besides dozens if not hundreds of slain Syrian journalists, the uprising has claimed two French media-men, and the one and only Marie Colvin died in more familiar way. Their heartrending deaths came in solidarity with local fellow professionals whose names and faces may be known when the tyrant falls and conscience rules in Syria.
Unluckily, I have many pen names for it is hard to write with a real one. Death of Marie Colvin was personally embarrassing to me. Should I still use pen names when my star colleagues are writing with their warm blood?
I am a single woman with no liabilities except a widowed mother and siblings. One simple story with my real name appearing on an Arabic language blog or English-language website has greater probability of leading sleuths to my home.
Now even my family rarely knows which pen name I use and where in the world, my work publishes. Not that I don’t trust my family but the regime’s four decades of fear can easily cause a Freudian slip.
A year ago, I proudly showed off my byline in international dailies but now we are writing for our lives and not for pride.
I rarely get internet access good enough to open my emails and send my stories in time. I must admit that overall depressing conditions too result in my missing deadlines. Ironically, stories featuring Syrians’ bloodbath are never stale and the desk accepts them more often.
When I work on my laptop, my siblings and mother spy on me to see what I am doing or writing. My eldest sister advised me last September, “I can’t stop a journalist from writing but she should not forget the fate her younger brothers may face if they (mokhabarat) find out.”
One of my university fellows was picked up for writing a blog about a missing seven-year-old in Dara’a. Her brother went to a police station to lodge a report but never returned home. Three weeks later, their mother was asked to receive her son’s body from the same police office. She not only got the body of her 20-year-old son but also discovered the disfigured corpse of her blogger daughter.
Earlier, I hoped to change the world’s opinion with my writings but now, I am only recording testimonies of massacres and detailing current history.
Long after they have taken me to die in their dark cells, my stories will serve as credible evidence to try Bashar and his advisors for crimes against humanity.
Like journalism, we are learning survival techniques on our own, the hard way. Whenever a couple of us sit together away from our parents and the listening walls, we talk about the best ways in dealing with the worst.
I usually tell my colleagues, “Why do you think they would wait for us to admit or defend ourselves. Our charge-sheets are already there with no room for defense or discussion . . . Agents we are! . . . Agents of change!”
Maryam Hasan is a young journalist, whose family struggled against Hafiz Al-Assad’s tyrannical rule and policies. She is using a pen-name due to security reasons.
Recently, Transparency International published their Corruption Perception Index in which Pakistan was placed at 34th position. Also in UN Humanitarian Development Index, Pakistan is proudly placed at 125 with Zimbabwe at lowest on 169 and small countries like Srilanka and Maldives in better positions of 99 and 107 than World’s 7th Nuclear Power. Many people especially those with some sort of sympathies with our ruling elite criticize the authenticity of these indexes.
One of the main argument presented against the results is lack of understanding by these institutions about the local conditions and environment. This criticism seems to be valid and genuine because if the analysis is based on real conditions then the results might come out worse.
If we look at the problems a common person faces due to corruption, law and order situation, and incompetent governance then the seriousness of the issues become a bit clear. Reality on the ground is that not only corruption is destroying our so-called national institutions and costing us billions but it has buried a common man straight under.
From cartelization to paying forceful unnecessary taxes, there is no justification of calling the present situation even near satisfactory. High inflation and energy crises are a result of government sponsored cartelization and corrupt privatization without merit. If things are done in transparent way and Rule of Law is established then we can expect some improvement in turbulent economy, if it has not crashed yet.We are already moving around 4 percent GDP growth which is very low as compared to countries like India and China in the same region.
If a common man saves enough money through his hard work, even in this time of government sponsored inflation, and decides to build his house then a new series of hurdles and problems start for him. First one is to go through the government doors for transferring the plots, passing the site plan and other unnecessary approvals which not only cost huge amount of fees but a big amount is taken from his through forceful corruption otherwise his file disappears somewhere in hell.
Once he goes through the process then the process of construction comes, if high prices of construction material due to unjustified sales taxes is not enough then extortion money will surely take a lot juice out of him. All the major government parties and their allied mafias are involved in this game. In case of Karachi, areas are distributed and in each area people are bound to pay this money if they want to make their houses or they want to do business. If someone denies then Shersha Kabari Market incident is not that old to remind us what can happen.
Recent target killing also has some touch of this mafia war for taking more and more area under control. Many times where demarkation of areas is not clear people have to pay extortion to multiple parties. The situation has gone worse after floods, especially in Karachi, not only due to chanting demographics but also due to further slowdown in economy and high inflation.
Cost of doing and initiating business is also a major problem. Not only permits, licensing and quotas are a major problem but red-tapism, corruption, security issues and high electricity are things which in any country can break the backbone of business. Load shedding of 12 hours in a commercial hub like Karachi cannot send a positive message for any investor whether local or international.
The situation is not only resulting in the flight of capital but it has created unemployment issues as well which directly impacts the standard of living. We often demand overseas Pakistanis to bring their money in the country but if we honestly analyse the situation then the demand looks a bit unjust.
At the moment our country is facing worst kind of shameless plutocracy in the name of democracy with mafias and government cronies hammering the life out of our people.
The responsibility also lies on the shoulders of people as they are the ones who chant slogans for these leaders and support either corrupt politicians or dictators.
The real issue is not just that how long this situation can go on but the real issue how long our country can sustain it. We need to come out of this situation otherwise time doesn’t wait for anyone and if worse becomes worst and worst becomes unchangeable then collapse of everything becomes inevitable. So the choice is ours and we are already getting late for the right choices to be made. Instead of cursing institutions for bringing out reports reflecting our dismal performance we need to focus on improving the situation and coming out of this mess.
- Also on : http://blogs.aaj.tv/2010/11/shameless-plutocracy-and-turbulent-economy/
By Ansar Abbasi
ISLAMABAD: Musharraf, you are a hypocrite. You are the Abdullah Bin Ubai of our times. Each and every word that you have uttered on the occasion of launching of your party, sounded simply hollow because your dirty past is like an open book before us. We hate you for what you did to our country, our people and our brothers in Islam.
It is unbelievable that a man like this ageing commando, whose stink cannot be avoided from even thousands of miles, because of his tainted past and whose long list of crimes against Pakistan, its people and humanity have no limit, had the cheeks to promise a great future like his past, as if we lived in heaven during his tenure.
Pervez Musharraf’s remarks show that the self-exiled ousted dictator continues to live under the illusion as if he is still an extra-constitutional ruler of this country and perhaps the most popular leader here. One wishes that such illusions go on with him to enable him to come to Pakistan and face the trial for his long list of crimes, some of which conspicuously include the abrogation of Constitution, the selling of Pakistani nationals including the country’s daughter Dr Aafia Siddiqui to America for dollars, the Lal Masjid massacre, Nawab Akhbar Bugti’s murder, the May 12, 2007 bloodshed, removal and arrest of respected independent judges of the superior judiciary, strangulation of the Pakistani media and his post-9/11 policies that compromised the country’s sovereignty and led to all-time high US interference in our internal affairs.
How can he raise the slogan of “Pakistan first” when for his own self and to perpetuate his rule, he first toppled an elected government in Oct 1999 and then imposed extra-constitutional emergency in Nov 2007 and removed all independent judges? How can he promise the moon to the people in future when he did not produce even one single watt of electricity, constructed no dam, did nothing to ameliorate the lot of the poor, politicise the bureaucracy like never before during his nine-year misrule?
How can a man like Musharraf talk of the Quran and the Sunnah when he orchestrated the massacre of Lal Masjid and killed hundreds of innocents, sold the Muslims including our own nationals, including Aafia Siddiqui, became a part of the US’s so-called war on terror, facilitated the killing of hundreds of thousands of Afghan innocents, changed the Islamic syllabi to the pleasure of his foreign masters and proudly mention all this shame in his autobiography
– ‘In The Line of Fire’?
Musharraf struck with Benazir Bhutto’s world-infamous NRO deal just to stick to power for five more years. It created turmoil and chaos in the country and the nation is facing its repercussions today. This deal has given boost to corruption in our country.
Musharraf is welcome to Pakistan. His illusions would turn into disillusions as soon as he arrives back. Expecting a sea of people welcoming him upon his return, he may find himself behind the bars. No matter from where he gains the strength, the people of Pakistan want to see him punished for the crimes he committed. Our disappointment from the present rulers, do not make Musharraf a choice of future. He tenders an apology for what he called his past mistakes but we demand his trial under Article 6 of the Constitution and other offences that he committed. A day before the launching of his party, he warned that the country is at risk of a new military coup and suggested the recipe of the Army’s constitutional role in politics. He termed it the only solution if Pakistan wants stability and a system of check and balances in democratic structure.
Instead of being ashamed of what he did in the past and how he misused the institution of the Army and the military led intelligence agencies, including the MI and ISI, to strengthen his misrule at the cost of the national interest, Musharraf has set his eyes on the military under General Ashfaq Parvez Kayani to get a strong shoulder for his re-entry into the Pakistani politics.
It took General Kayani one full term, three years, to redeem the lost respect of Pakistan Army but now the retired general is alluring the military to help him getting to the corridors of power from backdoor, which has been his hallmark in the past, too.
Only an insane person can shout for a constitutional role of the Army to run democracy. But by saying such freakish things, this ageing military commando wants to hit the headlines back home and to create his soft corner in the institution of Pakistan Army that he grossly misused to prolong his dictatorial rule.
Perhaps he does not realize that a lot of water has flown down the bridges. He also does not realise that he has not many takers, whether among civvies or in the khakis. But the old man has gone crazy. Nature will take its course if he returns to Pakistan, but despite the hot air that he blew in London, he is a coward and will never dare to do so.
Dr. Aafia Siddiqui’s Sentencing :: Please Show Your Support
On September 23rd, 2010 at 500 Pearl Street in lower Manhattan, a mother, teacher and sister will stand in front of a New York City judge for her sentencing. Dr. Aafia Siddiqui is a woman whose life events over the past five years have more resembled the plot of a bestselling horror novel than the right to due process espoused by the leader of the free world. Yet even the most creative author would have not been able to chart the tangled web of deception and conspiracy that would come to light in this case, involving everything from kidnapping and secret prisons to the torture of young children and backdoor politics that weave between Washington, Islamabad and Kabul.
And in the middle of all of this is a woman. A mother. A teacher. A sister. An Activist. A Daughter.
Dr. Aafia Siddiqui will stand facing life in prison plus ten years on September 23rd…but she will not stand alone.
We will stand with her because she is our sister in faith and humanity.
We will stand with her because we reject the establishment of secret prisons, the trampling of due process, the use of torture and the threatening of innocents unequivocally and in all of their forms.
We will stand with her because we must do so, for it is in the absence of those who would seek justice that injustice, fear mongering and bigotry prevail.
Dr. Aafia Siddiqui’s Sentencing
09.23.10 @ 8:45 am
The Southern District Court of NY
500 Pearl Street Manhattan, NY
[In front of Judge Berman, Room 21 D]
TRAINS: J, M or Z to Chambers St. (north exit to Foley Sq.); #4, 5, 6 to Brooklyn Bridge-City Hall (north exit); A, C to Chambers; R, W to City Hall; 1, 2, 3 to Chambers; E or PATH to WTC; B, D to Grand St.
Sent by : Demand Justice
General Kiyani, the lead mercenary and one of the party in NRO-Safe Exit deal which made Zardari President and gave the American pet dictator Musharraf Safe Exit, will continue to serve (his imperialist masters and Status Quo) for next 3 years.
Kiyani deserved extension as he did his best to serve his imperialist masters and Status Quo of power. NRO-Safe Exit Deal, More Intensity in War Against Pakistani people, More Drone Attacks, More Missing persons, More feet licking of Pentagon and White House, and More more time/resource wasting on “General” Image Building, all count to his performance report.
Kiyani’s extension is also important for Zardari-Gillani as NRO and Fake degree cases are creating problems for them and they need someone reliable and friendly in GHQ. USA needs the extension to continue their game in the region but perhaps this is not the main reason as anyone replacing Kiyani would pursue the same policies. Military establishment also needs it as Kiyani successfully protected them from the cases of Missing Persons , Benazir Murder, DHA corruption, Human Rights violations and many other criminal cases.
May Allah bless Pakistan and show us the right path.
Note that the purpose of UN commission was fact-finding not fixing the responsibility.
1) Why Musharraf was given a safe exit when even PPP workers think he was responsible for BB’s murder? Was it due to the fact that Mr. Zardari was one of the beneficiaries or it was due to some pressure?
2) Why the key responsible persons continued to work on their positions without proper accountability during the government of PPP including interior ministry officers, police officers, intelligence agency officers including former DG MI Nadeem Ijaz, former ISI head and Vice Army Chief General Kiyani?
3) Kiyani is now Army Chief and was representing Musharraf during NRO deal. Will he allow further investigation on the role of ISI, MI,Musharraf and Kiyani himself?
4) In Rehman Malik’s car, two other persons were also sitting. These two persons are Babar Awan and Musharraf’s close friend and former Core Commander Mangla Lt. General (R) Tauqir Zia(who was also the Chairman PCB during Musharraf time). Will some probe them for their role and negligence?
5) Why the government of Pakistan delayed UN Commission Report for 15 days (till 15th April 2010)? Even though UN Commission didn’t conduct any new interview after 31st March 2010 as opposite to the government’s claim that the Commission is requested to conduct few interviews. Rehman Malik even yesterday revised the same claim.
6) Will this murder go into the dustbin of Waziristan or some serious investigations will be done to investigate this high-profile murder?
Lets see if millions of dollars invested by a poor nation on this report will be of any use or not?
I hope some serious and independent investigation and trial will be conducted for this murder.
9 ) Commission didn’t find evidence against Asif Zardari’s and any of the family members’ involvement in this murder.
According to media reports , some unknown men have brought a 12 year old girl at the residence of Dr. Fauzia Siddiqi . The girl is probably Dr. Aafia’s daughter who was missing from the time of her abduction along with other two children of Dr. Aafia. Previously Afghan authorities handed over son of Dr. Aafia.
Now people need to know:
1) Who kept here for so long?
2) Where is the baby child (now around 7 years old) of Dr. Aafia?
Dr. Aafia Siddiqi’s daughter brought home: reports
KARACHI: Unknown men on Sunday brought a 12-year-old girl at the residence of Dr. Aafia’s Siddiqi’s sister Dr. Fauzia Siddiqi in Karachi.
They claimed that the girl was the missing daughter of Dr. Aafia Siddiqi, who was currently in a US prison.
Meanwhile, a large number media persons after receiving the reports, gathered outside the residence of Dr. Fauzia.
According to eyewitnesses, the girl has been taken inside the house along with the people, who brought her.
On the other hand, NADRA officials got the fingerprints of the girl so that her relationship with Dr. Aafia could be verified.
Dr. Fauzia said that she was not aware who this girl was because she was not being allowed to speak to anyone
Lets see what happens? Hopefully some justice will be done with them. The behavior of the army seems to be as if they are untouchables and no one can ask anything about their wrong actions.
Judicial commission to probe disappearances AWN
By Nasir Iqbal
ISLAMABAD: A high-powered judicial commission comprising three retired superior court judges will be set up soon to look into the highly emotive issue of missing persons, the Supreme Court was informed here on Thursday.
“I have received the summary for the establishment of the commission,” Attorney General Anwar Mansoor told a bench comprising Justice Javed Iqbal, Justice Mohammad Sair Ali and Justice Tariq Parvez that is hearing cases of a large number of missing persons whose families have been running from pillar to post since 2005.
The attorney general said the commission would be headed by a retired judge of the Supreme Court and two retired high court judges would be its members.
He said the commission could call any senior officer of the armed forces or Rangers whose name had surfaced in connection with any missing person.
Its orders would be binding on all departments and institutions, he said.
Praising the setting up of the commission, the bench expressed willingness to take action against people held responsible by it.
“If a department is found committing an illegality, the Supreme Court will not condone its acts,” Justice Javed said.
An unpleasant incident took place during the proceedings when Advocate Hashmat Habib, pleading the case of Dr Aafia Siddiqui, accused the Defence Ministry’s Legal Director Lt-Col Sarfraz Ahmed of having threatened to teach him a lesson for maligning defence institutions.
Although Lt-Col Sarfraz later tendered an unconditional apology before a visibly disturbed court that had re-assembled after retiring for a few minutes, the officer explained that he had asked the counsel not to drag the army which was defending the borders into the case, rather point out specifically if he had any grievance against any agency.
“The sanctity of this court is like a God’s house and our job is to protect whosoever enters it. How could you threaten him?” Justice Sair asked. He said the officer had brought the court into disrepute.
“The army does not belong to you alone but also to us,” Justice Tariq said.
When the court asked about a report submitted by the Foreign Office that 6,000 Pakistani nationals were languishing in foreign jails, the attorney general sought two weeks time to tally the figure with other reports. The Foreign Office was also asked to make its report more comprehensive.
“A lot of grievances of the families of the missing people would be resolved if they are allowed to visit their relatives,” Justice Tariq said.
Justice Javed said the record of missing people available with different departments should be referred to the judicial commission.
Amina Masood Janjua, chairperson of the Defence of Human Rights group, who has been campaigning for the release of detained people, including her missing husband Masood Janjua, requested the court to continue hearing the cases instead of transferring them to the commission.
However, the court observed that the decision to set up the commission was a good step because now there would be two forums.
“You are not aware of stringent procedures; the SC is not a forum to record evidence; we have to find a recourse leading to a solution,” Justice Sair said.
Justice Javed said the phenomenon of missing persons should end now.
He said parliament had taken cognisance of the issue and “let’s see what kind of legislation it makes”.
When Mrs Janjua requested the court to issue directives to parliament for the early setting up of the commission, Justice Javed said parliament was supreme and no one could make it accountable unless an attempt was made to change the basic structure of the Constitution. “We are product of the Constitution framed by parliament,” he said.
He said parliament was entitled to bring any kind of legislation and the court could not cross certain barriers.
Justice Sair said the apex court would monitor and supervise the commission.
“The commission will start its proceedings from where we leave,” Justice Javed said, adding that the court would not dissociate itself from the process.
Justice Sair said the move would mean sharing the burden and not shifting it.
When Justice Javed recalled that 237 missing people had been traced, the attorney general said certain people whose names were on the list had gone for jihad and many were hiding abroad to evade arrests.
Referring to the missing people of Balochistan, Justice Javed said the court would not allow anyone to take political mileage out of the issue. He asked the media to verify facts before highlighting the cases because exaggerated figures created panic.
Asma Jehangir, chairperson of the Human Rights Commission (HRCP), asked the court to make the intelligence agencies accountable for their involvement in the cases.
Rawalpindi SP Kamran Adil said senior officers of the armed forces had recorded their statement before a joint investigation team constituted to locate Mr Janjua.
Advocate Raja Bashir, representing the defence ministry, said Mrs Janjua’s contentions were based on hearsay, what she had heard from others and not seen herself.
He said an FIR had been registered and recording of evidence at an appropriate forum would start soon about her husband’s disappearance.
Mrs Janjua said her objective was not to embarrass any institution, but to get her grievance addressed.
The court summoned the Islamabad chief commissioner and police chief and complete record about the number of casualties during the July 2007 Lal Masjid standoff when girl students of Jamia Hafsa had occupied the adjacent Children’s Library in protest against the razing of seven mosques. Several people were killed in battles between security personnel and students at the mosque.
The court also clarified that Dr Aafia’s case did not fall in the category of missing people and media- and public-driven campaigns were not suitable for judicial findings.
Justice Javed observed that the sincerity of the government should not be doubted because it had engaged good counsel to defend Dr Aafia in the US.
The bench adjourned the hearing for two weeks.
Court temporarily adjourns hearing :The Nation
By: Farehia Rehman
ISLAMABAD – The Supreme Court on Thursday temporarily adjourned hearing of the missing persons case for almost ten minutes after an army man threatened a senior lawyer. According to details, Legal Director of the Ministry of Defence, Lieutenant Cornel Sarfraz threatened to Hashmat Habib during the break for commenting about the Army in the court.
After the break as proceedings started again, Habib Advocate appeared before the court and told about the incident occurred during the break. On which, three-member bench headed by Justice Javed Iqbal took strict notice of it and asked Sarfraz to tell the court why he did this.
On this, he told, “I did not threaten him in this sense, I was just asking him not to pass comments about Pakistan army in the court”. On which, Justice Javed Iqbal remarked that it is their Army too and commenting against the Army is contempt of the institutions.
He continued that the institutions could have good and bad qualities. Services of the Pakistan Army and secret agencies are appreciable, he added.
“We will protect everyone, whoever enters the court”, he said and further added that the people, who are taking part in the proceedings, are talking with facts and figures.
He said that the court was like mosque, where everyone could get protection and justice and everyone should respect the court.
Over the situation Justice Muhammad Sair Ali adjourned the proceedings for ten minutes saying that they could not continue till the matter was resolved.
As proceedings started after ten minutes, Lieutenant Cornel Sarfraz apologised for his behaviour, which was also accepted by the Senior Advocate Hashmat Habib.
PPP and Zardari especially have shown their incapability to run their country and hide their corruption.
In order to overshadow their weaknesses they are trying to go in a clash with institutions and other forces especially judiciary so that they can come out as victims.
The recent notification of President Zardari is also an attempt in this direction.
Supreme Court has rightly suspended the unconstitutional notification of Zardari to appoint the judges against the advice of Chief Justice.
In cases where president or governor or anyone requires consultancy means they need to consult the office whose consent is required for must. And the office being consulted needs to agree with the position otherwise the decision will not be implemented.
However in case of an advice given by the office whose consultancy is required for must, the advice needs to be implemented. It not only happens in SC CJ but also for PM advice to President, CM advice to governor and Provincial HC advice to government.
The office which needs consultancy (here presidency) cannot take the decision on their own on the matters where consultancy is required.
SC also has the duty (not only right) to interpret the wordings of the constitution. This
is not only in case of Pakistan but in most part of the world including so-called mother of
In this case which comes under article 177 the situation is same. Article says:
“177. Appointment of Supreme Court Judges.
(1) The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.
(2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan and-
(a) has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or
(b) has for a period of, or for periods aggregating not less than fifteen years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day). “
The role of president here again is of just giving Presidential approval.
This is adapted from British system where in issues like these “Royal Assent” is required and even if it is not given due to some reason it is assumed that it is given after some given period but in this case formal approval is required.
According to the interpretation in Judges Case or Al-Jihad Case,in the appointment of the Supreme Court Chief Justice seniority principle will prevail and senior most will be made the Chief Justice (This was done to ensure judicial independence from executive discretion).
The issue currently is of new appointments in Supreme Court as Justice where the
consultation is binding on the president not the seniority principle.
Similarly in appointments of the High Court judges the consultation from CJ is binding on the president according to article 193.
SC once again proved their independence and their will to strengthen the judiciary by stopping the PLUTOCRATS to damage the federation for their evil goals.
Delaying the appointments of judiciary in High Courts is also an attempt by government to not only undermine judiciary but also to frustrate the common man from judiciary.
Another motive is to start a seniority issue between judges to break their strength but this also has failed.
For once we need to go for across the board accountability without becoming a prey of illusions created by the players of National Security Card, Democracy Card, Shaheed Card, Ethnic Card, Sectarian or any other Card.
Anyone who wants strong Pakistan instead of few faces ruling the country cannot afford a weak judiciary.
Also, the commitment for free judiciary shown by Justice Saqib Nisar and Justice Khwaja Shareef is appreciable.