Archive

Posts Tagged ‘maulana’

Sanih e Mashriqi Pakistan–>Dr. AQ Khan on 1971 in Jang

December 23, 2009 6 comments

Dr. Abdul Qadeer Khan has written a must read thought provoking article on 1971 Independence of Bangladesh.

Five generals also got their loans written off–> The News

December 20, 2009 2 comments

Source: http://www.thenews.com.pk/top_story_detail.asp?Id=25928

By Rauf Klasra

ISLAMABAD: If you thought that only civilian and politicians got billions of rupees worth of loans written off from state-owned banks, you thought wrong.

Records now show that many top military officers got their loans written off. This lucky lot included five lieutenant generals, two major generals and a battalion of other senior uniformed beneficiaries, with some Army (mis)managed institutions to boot.

The Army controlled institutions also got their share from the national plunder with the Army Welfare Trust (AWT) got a massive loan written off worth Rs 14.49 million from a state-owned financial entity, which is now defunct (hardly a surprising fate).

Some of the cases were, however, genuine as their loans were written off in accordance with rules.

According to the official list of loan write-off beneficiaries tabled in the National Assembly, Lt General (retd) Ali Kuli Khan and his father Lt General Habibullah Khan had their loans written off. General Kuli had shot to prominence when he was ignored by the then prime minister Nawaz Sharif in favour of Gen Musharraf in a bid to succeed General Jehangir Karamat as the next COAS.

The list shows that General Kuli Khan got two loans written off from the Allied Bank of Pakistan while he was still serving in the Army in the mid 90s. The first loan was of Rs1.8 million and second was Rs1.6 million outstanding against Janana De Malucho Textile Mills Limited, Kohat owned by his father General (retd) Habibullah Khan. General Kuli was then one of the directors of the textile mills. After the death of General Habib, he became the chief executive of this textile unit. General Habib, too, was a beneficiary of this loan write off.

It’s a little known fact that Chief of the Army Staff General Ashfaq Parvez Kayani had once served as the staff officer to General Ali Kuli Khan during his stint as Chairman Joint Chiefs of staff in 1998 when Jahangir Karamat was the Chief of Army Staff (COAS). General Kuli shot to prominence within the ruling political circles when he was heard opposing the forced resignation of General Kamarat and had indicated to make Nawaz Sharif ‘fall in line’ if he became the next COAS. Later, Gen Kuli Khan had denied this charge in an interview with this correspondent. But, Ch Nisar Ali Khan had also confirmed to this correspondent in an interview that Ali Kuli was not elevated to the post of the Army chief precisely for this reason after some of his quotes were conveyed to Nawaz Sharif.

Talking to The News from Peshawar, General (retd) Ali Kuli Khan said that he “did not remember” getting any loan written off by him during his military service. General Kuli said, “There might be some rescheduling of the loans by the banks outstanding against the mills.” He said only the politicians get loans written off by using their clout. Of course, general can dare anyone argue with that logic.

Lt General (retd) K M Azhar, who later became active in politics, of Rex Breen Batteries got Rs16 million written off by the Agriculture Development Bank. His business partners were Misbah Azhar, Sward Azhar, Ahmed Jamal Siddiqui, Syed Ijaz Ahmed Hashmi, Mauro Dr Bashir Ahmed.

Lt General (retd) SA Burkey and Lt General (retd) Safdar Butt also figure amongst the happy generals benefiting from the state institutions generosity.

Another prominent name on the list is that of Air Marshal (retd) A Rahim Khan.

Air Marshal (retd) Viqar Azeem also got Rs15 million written off from Pakistani Kuwait Investment Co. Lt General (retd) SA Burkey, Major General Zahid Ali Akbar, Brig MM Mahmood, Begum Omar Mahmood, Saeed Ahmed also got loans written off.

Gohar Ayub Khan, brother of General Kuli Khan—Raza Kuli Khan also got a loan of Rs7.2 million written off against Rehana Woolen Mills. Tariq Ayub Khan, Zahid Ahsan, Ahsan Khan were the directors of the mills whose loan was written off by the financial institution SAPICO.

Major General (retd) M Mumtaz from Abbottabad, Lt Colonel (retd) Shaukat and Major (retd) Tajuddin Rs1.2 million, Major General (retd) Ghaziuddn are also in the list. Major General (retd) G Umar also got Rs8.5 million written off from the Agriculture Development Bank.

Lt General (retd) Safdar Butt, Major General (retd) Abdullah Malik, Brig (retd) M M Mahmood, Col (retd) M Zafar Khan, Mohammad Afzal Khan, Mrs Hamida Farhat also got benefits from the UBL. General (retd) Abdullah had resigned after the military coup of General Zia and had opposed the military take over of July 1977.

Talking to The News, Brig (retd) Mahmood denied that his industrial unit EFF, EFF Industries had got the loan written off. He clarified that he had entered into an agreement with the bank but this package was never implemented until recently.

The list also names Brig (retd) M A Baig and Qamar Ahmad, BA Siddiqi, Zubair Rashid, Mohammad Sadiq Baig, Riazur Rehman, Mrs Mamomnna Khatoon, Mrs Mehr Riaz, Mr Taufiq Ahmed Rs 1.09 million (UBL). Lt-Col (retd) Ch M Anis Ahmed, Col Atta ullah, Shahid Atta, Mst Qamar un Nisa Rs 2.6 million, Irfan Rice Mills of Col (retd) Nazar Hussain Rs 1.6 million, Mehr Textile Mills, Chakwal, Col Mohammad Ayub Khan, Ch Nisar Ali Khan, Ch Asad Ali Khan, Mrs Sultana Zakia, Mohammad Nawaz, Ch Ghulam Ali Khan. Major General (retd) Khadim H Raja, Air Marshal (retd) A Rahim Khan, Mrs Sattar Azim Khan also got loan written off.

Mohammad Textile Mills Limited of Air Commodore (retd) Amanullah got a loan of Rs95 million written off from the UBL. His other business partners were Khurshid Alam, Mohamamd Rafiq, Mrs Bilquis Begum, Tanveer Ahmed, Naseer Ahmed, Begum Sultana Fammay Khan, Sobia Fammy Khan.

Air Vice Marshal (retd) Ata Elahi Sheikh of the National Fructose Limited also got Rs43 million written off. His business partners were Shakirullah Durrani, Mohammad Aslam, Qamaruzaman, Syed Safiullah, Dr Mohammad Yousuf, Khan Akbar Majeed and TR Sariq.

Sairani Cotton Ginning Factory owners Capt (retd) Shahraz Latif and his business partners Shahnaz Latif, Ch Mohammad Ashraf also got loan written off. Air Marshal (retd) A Rashid Sheikh, Air Vice Marshal (retd) S Moinur Rab, Group Captain (retd) Mohammad Ismal Khan, Salman Rashid of Sky Rooms Limited got Rs 8.4 million loan written off. Brig (retd) SM Bakar Naqvi, Mian Ahmed Rabbani, Pervez Iftikar Khan, Abdul Aziz, NM Khanzada and Major (retd) Afzalul Haq also among the beneficiaries.

Col (retd) M Yaqoob of Aswan Tentage and Canvas got a huge loan of Rs276 million written off from Bankers Equity. His other business partners were Col (retd) M Yaqoob, Mohamamd Afzal Chugtai, Mohammad Siddiqi, Haji Ghulam Sabir and Idris Ahmed Butt. Farook Pulp of Mjaor Nasim A Farooqi, Naeem A Farooqi, Pervez Farooqi, Munir Ahmed Khan and Saleem Farooqi got 2.1 million loan written off.

Captain (retd) Shaukat of Locus Enterprises got Rs8.8 million written off. His business partners were Wiqar Abbas, Khalid Khan, Col (retd) M Sadiq Khan, Nabil Hasan, Masoud Abbasi and Abdul Razak. Raja Iftikar Kiani of Ms Alliance Textile Mills, Jhelum got a wavier of Rs16 million from the MCB.

A Lt-Col, who owned the Meditex Intl got Rs6.322 million written off from the HBL. His business partner was Col (retd) Bashir Ahmed. Commander Abdul Latif also got Rs 10 million written off. Shangrila Macropole Inn, Lahore got Rs4.3 million loan written off. Brig (retd) Mohammad Aslam Khan and Co got Rs4.3 million written off. Feroz Sons Textile Mills Mirpur owners Col (retd) Munir Hussain, Nasim Farms’s and Major General (retd) Qazi Nasim Majeed are also among the beneficiaries.

Col (retd) Saleem of Special Iron and Steel Mills Limited, Lt General (retd) Habibullah Khan, Brig (retd) M Jan Hahang M Khandawala, Raza Kuli Khan, Col (retd) M Sharif Khan, Begum Tehmina Habibullah, M I Khurram, M Nazir Khan and IA Khurram are also among the beneficiaries.

Major (retd) Mohamamd Anwar, S Aijaz Ali Shah, S Amjad Ali Shah, S Ghulam Qadir, S Aftab Ali Shah, S Ali Gohar Shah, S Amin Shah also on the list. Lt-Col (retd) M Jaffar, JH Dinshaw Rs 7.2 million, Chemphar Pakistan Limited of Brig (retd) Shareef Rahat, Captain (retd) AM Murad and Major (retd) Tariq Baig are also among the beneficiaries.

It seems we have not learned the lesson from our history–>16 December 1971

December 14, 2009 1 comment

History teaches lots of lessons and nations which don’t learn from it often become a forgotten part of it.
Below are the words of Hamood ur Rehman commission report. The commission was made to investigate the 1971 Fall of Dhaka or Independence of Bangladesh. As Bangladesh is a sovereign state now and we wish best of luck to them on their independence day.

“Indiscriminate killing and looting could only serve the cause of the enemies of Pakistan. In the harshness, we lost the support of the silent majority of the people of East Pakistan.” Hamood-ur-Rehman Commission Report on 1971

It seems we have not learned the lesson from our history and still repeating it in NWFP,Baluchistan and FATA.

If we need a revolution or something , we need genuine thinkers and visionaries not so called hakims or so called spiritualists .

November 7, 2009 1 comment

If we need a revolution or something , we need genuine thinkers and visionaries not so called hakims or so called spiritualists who copy the ideas re-mold them into their dirty deceptive agenda and use the names and work of great genuine people like Iqbal, Jinnah etc for their bogus agenda. I am seeing lots of good people following these deceivers just in the name of nationalism, patriotism etc .
My suggestion is to use your free mind and sense of justice so that you don’t get misguided by these so called nationalists.

—————————————————————————————-

Some of my friends on these views of mine against the war think that I support the terrorists for them I need to say:

Opposing the war doesn’t mean supporting the terrorists.

I consider both army and the suicide bombers or terrorists who are killing the innocent civilians as destroyers of peace and don’t find their actions as just.

The problem is when I oppose the war the “nationalists” think as if I am supporting the
terrorists in fact I am opposing the mess and pointing out to destroy the root cause.

I consider prime responsible for this mess are army and government and reason is they
brought an unwanted war on our land and people.

I oppose the killings of innocent civilians in suicide bombs and by army/air force bombings
but again I consider prime responsibility goes to the country institutions because they (means their key heads rest are just blind followers) created the mess for dollars and this mess has created terrorism.

It was army and government who breached the agreement made by Jinnah for dollars.

It was again army and government with allied forces in Afghanistan with their missile attacks and drone attacks destroyed three peace deals after 2004 .
Before this operation ISPR and Information ministry deliberately tried to mold the facts as if the agreements were broken by tribes but even former army generals like Asad Durrani rejected these claims.
Try to find out how “Neik Muhammad” got killed after the peace deal by USA missile attack and then look at the government reaction of owning it.

The terrorist activities can mainly be categorized as:

1) Revenge of the innocent killings by our forces here and Allied forces in Afghanistan.
Also our support in the form of giving supply route to NATO supplies and Drone attacks are playing it’s part as well.
2) Revenge and anger exploited by enemies of Pakistan but its our fault we are providing them the ground to play with.
3) Attacks like on Shariah academy,Peshawar and Benazir were done by players of weapon-blood-dollar game which includes enemies of Pakistan who want us to remain engaged in the war (so called allies in the so called war against terror) and their pets in our own ranks (politicians, military and civil establishment etc).

After the blast which killed Benazir Bhutto the place and all the evidence was washed within hours and a drama was created to link it with tribal situation which never got proved.
My question is who was being protected here?

4) Not to forget the ethnic and sectarian cards which Musharraf government played with their allied parties and groups to control power, they have also contributed a lot to this mess.

My questions are:

Can we support innocent killings in the name of nationalism?
Can we support injustice in the name of patriotism?
And after doing that can we expect peace?

Categories: Uncategorized Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Pakistan Feudal Party Imposing Feudal Law In Pakistan

November 2, 2009 1 comment

If you have killed hundreds of people, involved in billions of rupees corruption or involved in any major or minor crime you just need to become a part of a filthy ruling cult and you will get indemnity from all you have done and will do in future.

That’s what this so called National Reconciliation Ordinance (NRO) is.
NRO, a draconian law which was introduced by a dictator who twice abrogated the constitution and committed high treason.

The sole purpose for this law was to ensure power sharing between new imperialist pets of Pakistan Feudal Party (so called Pakistan Peoples Party,PPP) and American pet dictator Musharraf and in case if Musharraf has to leave the stage then the NRO deal will convert into NRO-Safe Exit deal.

In this turbulence time of our self grown crises with the assistance of dollar masters our country will further go into trouble as this draconian law will destroy the already weakened concepts of justice and equality within our society.

This will allow the ruling elite to do more loot and plunder of our nation and go scot-free.

The cabinet of so called democratic government and standing committee of so called law and justice has approved it and now the government has planned to put it in front of the parliament.

A new game of numbers, image building, bargaining and hypocrisy will start and Allah knows what will come out of it as a result.

Imran Khan has already shown his intention that if NRO gets approved from parliament then he is going to challenge it in Supreme Court which has already shown signs of giving a judicial review in case they find it against the spirit of our constitution and human rights (which you can easily judge it is).

Aitzaz Ahsan, former SCBA president and senior but sidelined member of PPP has also said that SC has the right to review and reject NRO if it finds against the basic human rights.

Categories: Uncategorized Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

It’s time to sort out the real problems

November 2, 2009 Leave a comment

Recent attacks on civilians are not only horrible but highly condemnable but with all the condemnation and anger we need to sort out the real problems which have become the real cause of this mess.

The terrorist activities in Pakistan are a result of capitalist-imperialism, greed of
our leaders, absence of justice and lack of accountability of our institutions.

If we think that few thousand Talibans ( with all the disagreements and agreements with wrongs and rights of their system) or some other force can rule us then it means we
are admitting that our state structure is garbage and if you are talking about changing the culture or ideology by force…No chance.

The terrorist activities can mainly be categorized as:

1) Revenge of the innocent killings by our forces here and Allied forces in Afghanistan.Also
our support in the form of giving supply route to NATO supplies and Drone attacks are playing it’s part as well.
2) Revenge and anger exploited by enemies of Pakistan but its our fault we are providing them the ground to play with.
3) Attacks like on Shariah academy,Peshawar and Benazir were done by players of weapon-blood-dollar game which includes enemies of Pakistan who want us to remain engaged in the war (so called allies in the so called war against terror) and their pets in our own ranks (politicians, military and civil establishment etc).

4) Not to forget the ethnic and sectarian cards which Musharraf government played with their
allied parties and groups to control power, they have also contributed a lot to this mess.

The only solution is to bring system of justice, re-establishment of tribal institutions and accountability of institutions and leaders to fix the internal problems.

As far as the external part of the solution we need to tell USA and NATO to get out from Afghanistan and end this baseless war and if they don’t we need to come out of this war on our own, stop NATO supplies from Pakistan, stop Drone attacks by any means and convey the Pros of peace and Cons of this war to the the rest of the world.

Categories: Uncategorized Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Imran criticises NRO, govt’s US policy–>TheNation

November 1, 2009 1 comment

ISLAMABAD – Chairman Pakistan Tehrik-i-Insaf (PTI) Imran Khan said Friday that the incumbent rulers were beneficiaries of the NRO, adding that the nation was waiting for the Parliament’s decision on the ordinance.
While talking to media persons after a discussion forum over the National Reconciliation Ordinance (NRO) organized by PTI’s Womens Wing, Khan said that the Ordinance was promulgated to protect those who looted national wealth and committed crimes against the nation. He also announced that he would challenge the ordinance in the Supreme Court.
Khan also said that he could not understand the politics of PML-N, saying even the media could not understand the same. He also said that it was not the PML-N but the people of the country who got the judiciary reinstated.
The PTI Chief opposed the ongoing operation in South Waziristan Agency, and said that the security situation had further deteriorated after each military operation. He stressed for differentiating between the good and bad Taliban, saying how could Pakistan not talk to the Taliban when the US government was allocating funds for them.
Khan said that the February 18, 2008 elections gave birth to a slavish government that was destroying the country to secure dollars from USA. “How can it be our own war when the US government is funding its expenditures”, he questioned. He further said that the Army should not fight against our own people but the government should opt for a political solution of the problem. “Tribal people who once fought shoulder to shoulder with the Army are now combating our own troops”, Khan regretted.

Khan also quoted former Governor NWFP as saying that the US always sabotaged Pakistan’s bid to bring peace through dialogue in Federally Administered Tribal Areas (FATA). He said he never denied the presence of extremists and militants in Pakistan but he always objected the way government dealt with the issue. He also said that he was not against any nation but opposed policies of certain Western governments.
In response to a query, the PTI Chief said that the NRO protected looters and dacoits, adding that people would come out one day on the streets to hold the rulers accountable for their money.
Chairperson PTI Women Wing Fozia Qasuri also spoke on the occasion. She said that PTI would come in power through welfare work and that politics was not left only to thieves and dacoits. She said that the incumbent government had added to the problems of the people.

Source:http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Politics/31-Oct-2009/Imran-criticises-NRO-govts-US-policy/1

Dictatorship,feudalism and corrupt mullaiat –>;What! is there any thing else for us????

August 17, 2008 2 comments

The impeachment drama to keep people away from the real issues by our corrupt so called representatives is about to enter into the climax(ending will be positive inshaAllah but for that we have to get ready for a long struggle).

The Pakistan Feudal Party (I don’t know why it is still known as People’s Party) Chairman Asif Ali Zardari (his appointment is a classic example of their commitment with democracy, how can a person inherit people’s will?), blessed by Musharraf with NRO (National Reconciliation Ordinance to legalize the loot and plunder our so called political and not so political like Rehman Malik etc did during the last few decades) is now staging a drama to give Musharraf a safe exit(What safe exit and to whom? To a killer of thousands and the person who betrayed constituion and the nation!).

The only thing which is creating hurdle is retired general’s will “to serve” his nation more but since the green signal is there from the “masters” of Pakistan so in the new script its hard to fit Musharraf .Our “masters” don’t want Iran type revolution where people got so frustrated with the Shah that they kicked him them-selves and if Musharraf stays for more period and the blood pressure of the masses rise to the threshold level of “enough is enough” then  people will take there future in there hand and topple the current dying system so our “masters” sitting in Washington need a change , a change like Zardari who with his wicked smile believes can fool the whole nation, intellectuals, lawyers, students etc .

Zardari is backed by low lives like Nawaz, Maulana diesel, Asfand Yaar etc to accompany him to achieve the goals for which he cashed the death of his wife (Benazir Bhutto, I don’t know after wasting so much time and elimination of key witnesses and proofs how her death can properly be investigated ?) and soon after the removal of Musharraf the parties in Musharraf camp will join him (you can see it how MQM played a “neutral” role in Sind assembly during the impeachment resolution).

SCBA has increased the deadline to 15 September but I still have doubts that Mr. Zardari will take the risk to restore the independent judges without protecting the NRO, he is not here to protect the rights of people, he has nothing to do with roti, kapra or makaan and all he cares about his greed and lust of power for which he can do any thing.

Sooner or later the nation will realize that the solutions of there problems are not in the hands of the dictators like Musharraf( people are there who have hopes with him, can only regret on this) or feudals like Zardari or corrupt businessmen like Nawaz or killers and looters like Altaf or soulless mullahs like Maulana Fazal ur Rehman , people have to rise for there own country them-selves.

It’s time to rise against the forces of status-quo and work for real social and economic justice in the country.

Go! Status-Quo G0!

Boycott Elections 2008—>Support the cause for justice

February 6, 2008 Leave a comment

Cast your vote in favour of Pakistan and Boycott “General” Elections 2008 and support the cause for justice in Pakistan.

The reasons to boycot elections:

>The present setup is illegal

>The judiciary is not free (no one trusts the PCO judiciary of the dictator)

>The president is illegal

>Taking part in the elections (even voting) will be like supporting the constitutional violations

>Real Constitution not present

>The elections are arranged to form a setup which will continue the BUSH WAR against Islam and Muslims.

“A system which does not have the concept of justice should be thrown on the face of the people running it”

How worse things can go?—–>CJP’s letter in response to the dictator’s allegations.

January 31, 2008 Leave a comment

 

How worse can things go?

Our CJ is forced to clear his position in the world because our so called President Dictator is maligning him all over the world.

 

BUT for CJP Sahab

 

“Sir you are giving justifications to the wrong people, they are the ones (especially Rice) who supported Musharraf’s actions from the back and its part of their ‘Do More’ policy.”

 

Keep Your spirits high , Allah will help you and us.

 
*AN OPEN LETTER TO:*
 
 
 
His Excellency
 
The President of the European Parliament,
 
Brussels.
 
 
 
His Excellency
 
The President of France,
 
Paris.
 
 
 
His Excellency
 
The Prime Minister of the United Kingdom,
 
London.
 
 
 
Her Excellency
 
Ms. Condaleeza Rice,
 
Secretary of State,
 
United States of America,
 
Washington D.C.
 
 
 
Professor Klaus Schwab,
 
World Economic Forum,
 
Geneva.
 
 
 
All through their respective Ambassodors, High Commissioners and
representatives.
 
 
 
 
 
Excellency,
 
 
 
I am the Chief Justice of Pakistan presently detained in my residence
 Since November 3, 2007 pursuant to some verbal, and unspecified, order passed by General Musharraf.
 
I have found it necessary to write to you, and others, because during
 His recent visits to Brussels, Paris, Davos and London General Musharraf has slandered me, and my colleagues, with impunity in press conferences and other addresses and meetings. In addition he has widely distributed, among those whom he has met, a slanderous document (hereinafter the Document)
entitled: "PROFILE OF THE FORMER CHIEF JUSTICE OF PAKISTAN". I might
 have
let this go unresponded but the Document, unfortunately, is such an
 outrage that, with respect, it is surprising that a person claiming to be head of state should fall to such depths as to circulate such calumny against the Chief Justice of his own country.
 
In view of these circumstances I have no option but to join issue with
General Musharraf and to put the record straight. Since he has voiced
 His views on several public occasions so as to reach out to the public at large, I also am constrained to address your excellencies in an Open Letter to rebut the allegations against me.
 
At the outset you may be wondering why I have used the words "claiming
 to be
the head of state". That is quite deliberate. General Musharraf's
constitutional term ended on November 15, 2007. His claim to a further
 term
thereafter is the subject of active controversy before the Supreme
 Court of
Pakistan. It was while this claim was under adjudication before a Bench
 of
eleven learned judges of the Supreme Court that the General arrested a
majority of those judges in addition to me on November 3, 2007. He thus
himself subverted the judicial process which remains frozen at that
 point.
Besides arresting the Chief Justice and judges (can there have been a
greater outrage?) he also purported to suspend the Constitution and to
 purge
the entire judiciary (even the High Courts) of all independent judges.
 Now
only his hand-picked and compliant judges remain willing to "validate"
whatever he demands. And all this is also contrary to an express and
 earlier
order passed by the Supreme Court on November 3, 2007.
 
Meantime I and my colleagues remain in illegal detention. With me are
 also
detained my wife and three of my young children, all school-going and
 one a
special child. Such are the conditions of our detention that we cannot
 even
step  out on to the lawn for the winter sun because that space is
 occupied
by police pickets. Barbed wire barricades surround the residence and
 all
phone lines are cut. Even the water connection to my residence has been
periodically turned off. I am being persuaded to resign and to forego
 my
office, which is what I am not prepared to do.
 
I request you to seek first hand information of the barricades and of
 my
detention, as that of my children, from your Ambassador/High
Commissioner/representative in Pakistan. You will get a report of such
circumstances as have never prevailed even in medieval times. And these
 are
conditions put in place, in the twenty-first century, by a Government
 that
you support.
 
Needless to say that the Constitution of Pakistan contains no provision
 for
its suspension, and certainly not by the Chief of Army Staff. Nor can
 it be
amended except in accordance with Articles 238 and 239 which is by
Parliament and not an executive or military order. As such all actions
 taken
by General Musharraf on and after November 3 are illegal and ultra
 vires the
Constitution. That is why it is no illusion when I describe myself as
 the
Chief Justice even though I am physically and forcibly incapacitated by
 the
state apparatus under the command of the General. I am confident that
 as a
consequence of the brave and unrelenting struggle continued by the
 lawyers
and the civil society, the Constitution will prevail.
 
However, in the meantime, General Musharraf has launched upon a
 vigourous
initiative to defame and slander me. Failing to obtain my willing
 abdication
he has become desperate. The eight-page Document is the latest in this
feverish drive.
 
Before I take up the Document itself let me recall that the General
 first
ousted me from the Supreme Court on March 9 last year while filing an
indictment (in the form of a Reference under Article 209 of the
Constitution) against me. According to the General the Reference had
 been
prepared after a thorough investigation and comprehensively contained
 all
the charges against me. I had challenged that Reference and my ouster
 before
the Supreme Court. On July 20 a thirteen member Bench unanimously
 struck
down the action of the General as illegal and unconstitutional. I was
honourably reinstated.
 
*The Reference was thus wholly shattered and all the charges contained
therein trashed.* These cannot now be regurgitated except in contempt
 of the
Supreme Court. Any way, since the Document has been circulated by no
 less a
person than him I am constrained to submit the following for your kind
consideration in rebuttal thereof:
 
*The Document* is divided into several heads but the allegations
 contained
in it *can essentially be divided into two categories*: those
 allegations
that were contained in the Reference and those that were not.
 
Quite obviously, those that are a repeat from the Reference hold no
 water as
these have already been held by the Supreme Court to not be worth the
 ink
they were written in. In fact, the Supreme Court found that the
 evidence
submitted against me by the Government was so obviously fabricated and
incorrect, that the bench took the unprecedented step of fining the
Government Rs. 100,000 (a relatively small amount in dollar terms, but
 an
unheard of sum with respect to Court Sanction in Pakistan) for filing
clearly false and malicious documents, as well as revoking the license
 to
practice of the Advocate on Record for filing false documents. Indeed,
 faced
with the prospect of having filed clearly falsified documents against
 me,
the Government's attorneys, including the Attorney General, took a most
dishonorable but telling approach. Each one, in turn, stood before the
Supreme Court and disowned the Government's Reference, and stated they
 had
not reviewed the evidence against me before filing it with Court. They
 then
filed a formal request to the Court to withdraw the purported evidence,
 and
tendered an unconditional apology for filing such a scandalous and
 false
documents. So baseless and egregious were the claims made by General
Musharraf that on July 20th, 2007, the full Supreme Court for the first
 time
in Pakistan's history, ruled unanimously against a sitting military
 ruler
and reinstated me honorably to my post.
 
Despite having faced these charges in open court, must I now be
 slandered
with those same charges by General Musharraf in world capitals, while I
remain a prisoner and unable to speak in my defense?
 
 
 
There are, of course, a second set of charges. These were not contained
 in
the Reference and are now being bandied around by the General at every
opportunity.
 
I forcefully and vigorously deny every single one of them. The truth of
these "new" allegations can be judged from the fact that they all
 ostensibly
date to the period before the reference was filed against me last
 March, yet
none of them was listed in the already bogus charge sheet.
 
If there were any truth to these manufactured charges, the Government
 should
have included them in the reference against me. God knows they threw in
everything including the kitchen sink into that scurrilous 450 page
document, only to have it thrown out by the entire Supreme Court after
 a 3
month open trial.
 
The charges against me are so transparently baseless that General
Musharraf's regime has banned the discussion of my situation and the
 charges
in the broadcast media. This is because the ridiculous and flimsy
 nature of
the charges is self-evident whenever an opportunity is provided to
 actually
refute them.
 
Instead, the General only likes to recite his libel list from a rostrum
 or
in gathering where there is no opportunity for anyone to respond.
Incidentally, the General maligns me in the worst possible way at every
opportunity. That is the basis for the Document he has distributed. But
 he
has not just deposed me from the Judiciary. He has also fired more than
 half
of the Superior Judiciary of Pakistan – nearly 50 judges in all --
 together
with me. They have also been arrested and detained.
 
What are the charges against them? Why should they be fired and
 arrested if
I am the corrupt judge?  Moreover even my attorneys Aitzaz Ahsan,
  Munir
Malik, Tariq Mahmood and Ali Ahmed Kurd were also arrested on November
 3.
Malik alone has been released but only because both his kidneys
 collapsed as
a result of prison torture
 
Finally, as to the Document, it also contains some further allegations
described as *"Post-Reference Conduct"* that is attributed to me under
various heads. This would mean only those allegedly 'illegal' actions
claimed to have been taken by me *after* March 9, 2007. These are under
 the
heads given below and replied to as under:
 
   1. *"Participation in SJC (Supreme Judicial Council) Proceedings": *
 
*(a) Retaining 'political lawyers': Aitzaz Ahsan and Zammurrad Khan:*
 
It is alleged that I gave a political colour to my defence by engaging
political lawyers Aitzaz Ahsan and Zamurrad Khan both Pakistan Peoples'
Party Members of the National Assembly. The answer is simple.
 
I sought to engage the best legal team in the country. Mr. Ahsan is of
course an MNA (MP), but he is also the top lawyer in Pakistan. For that
reference may be made simply to the ranking of Chambers and Partners
 Global.
Such is his respect in Pakistan's legal landscape that he was elected
President of the Supreme Court Bar Association of Pakistan by one of
 the
widest margins in the Association's history.
 
All high profile personalities have placed their trust in his talents.
 He
has thus been the attorney for Prime Ministers Bhutto and Sharif, (even
though he was an opponent of the latter) Presidential candidate
 (against
Musharraf) Justice Wajihuddin, sports star and politician Imran Khan,
 former
Speakers, Ministers, Governors, victims of political vendetta, and also
 the
internationally acclaimed gang-rape victim Mukhtar Mai, to mention only
 a
few.
 
Equally important, Barrister Ahsan is a man of integrity who is known
 to
withstand all pressures and enticements. That is a crucial factor in
 enaging
an attorney when one's prosecutor is the sitting military ruler, with
enourmous monetary and coercive resources at his disposal.
 
Mr. Zamurrad Khan is also a recognized professional lawyer, a former
Secretary of the District Bar Rawalpindi, and was retained by Mr.
 Aitzaz
Ahsan to assist him in the case. Mr. Khan has been a leading light of
 the
Lawyers' Movement for the restoration of the deposed judiciary and has
bravely faced all threats and vilification.
 
Finally, surely I am entitled to my choice of lawyers and not that of
 the
General.
 
 
 
*(b) "Riding in Mr. Zafarullah Jamali (former Prime Minister)'s car":*
 
How much the Document tries to deceive is apparent from the allegation
 that
I willingly rode in Mr. Jamali's car for the first hearing of the case
against me on March 13 (as if that alone is an offence). Actually the
Government should have been ashamed of itself for creating the
 circumstances
that forced me to take that ride.
 
Having been stripped of official transport on the 9th March (my
 vehicles
were removed from my house by the use of fork lifters), I decided to
 walk
the one-mile to the Supreme Court. Along the way I was molested and
manhandled, my hair was pulled and neck craned in the full blaze of the
media, by a posse of policemen under the supervision of the Inspector
General of Police. (A judicial inquiry, while I was still deposed,
established this fact). In order to escape the physical assault I took
refuge with Mr. Jamali and went the rest of the journey on his car.
 Instead
of taking action against the police officials for manhandling the Chief
Justice it is complained that I was on the wrong!
 
*(c) "Creating a political atmosphere":*
 
Never did I instigate or invite any "political atmosphere". I never
addressed the press or any political rally. I kept my lips sealed even
 under
extreme provocation from the General and his ministers who were
 reviling me
on a daily basis. I maintained a strict judicial silence. I petitioned
 the
Supreme Court and won. That was my vindication.
 
   1. *"Country wide touring and Politicising the Issue":*
 
The Constitution guarantees to all citizens free movement throughout
Pakistan. How can this then be a complaint?
 
By orders dated March 9 and 15 (both of which were found to be without
lawful authority by the Court) I had been sent of "forced leave". I
 could
neither perform any judicial or administrative functions as the Chief
Justice of Pakistan. I was prevented not only from sitting in court but
 also
from access to my own chamber by the force of arms under orders of the
General. (All my papers were removed, even private documents).
 
The only function as 'a judge on forced leave' that I could perform was
 to
address and deliver lectures to various Bar Associations. I accepted
 their
invitations. They are peppered all over Pakistan. I had to drive to
 these
towns as all these are not linked by air. On the way the people of
 Pakistan
did, indeed, turn out in  their millions, often waiting from dawn to
 dusk or
from dusk to dawn, to greet me. But I never addressed them even when
 they
insisted that I do. I never spoke to the press. I sat quietly in my
 vehicle
without uttering a word. All this is on the record as most journeys
 were
covered by the media live and throughout.
 
I spoke only to deliver lectures on professional and constitutional
 issues
to the Bar Associations. Transcripts of every single one of my
 addresses are
available. Every single word uttered by me in those addresses conforms
 to
the stature, conduct and non-political nature of the office of the
 Chief
Justice. There was no politics in these whatsoever. I did not even
 mention
my present status or the controversy or the proceedings before the
 Council
or the Court, not even the Reference. Not even once.
 
All the persons named in the Document under this head are lawyers and
 were
members of the reception committees in various towns and Bar
 Associations.
 
   1. *Political Leaders Calling on CJP residence:*
 
It is alleged that I received political leaders while I was deposed. It
 is
on the record of the Supreme Judicial Council itself that I was
 detained
after being deposed on March 9. The only persons allowed to meet me
 were
those cleared by the Government. One was a senior political leader.
 None
else was allowed to see me, initially not even my lawyers. How can I be
blamed for whomsoever comes to my residence?
 
Had I wanted to politicize the issue I would have gone to the Press or
invited the media. I did not. I had recourse to the judicial process
 for my
reinstatement and won. The General lost miserably in a fair and
 straight
contest. That is my only fault.
 
   1. *"Conclusion":*
 
Hence the conclusion drawn by the General that charges had been proved
against me 'beyond doubt' is absolutely contrary to the facts and wide
 off
the mark. It is a self-serving justification of the eminently illegal
 action
*of firing and arresting judges of superior courts* under the garb of
 an
Emergency (read Martial Law) when the Constitution was 'suspended' and
 then
'restored' later with drastic and illegal 'amendments' grafted into it.
 
The Constitution cannot be amended except by the two Houses of
 Parliament
and by a two-thirds majority in each House. That is the letter of the
 law.
How can one man presume or arrogate to himself that power?
 
Unfortunately the General is grievously economical with the truth (I
 refrain
from using the word 'lies') when he says that the charges against me
 were
'investigated and verified beyond doubt'. As explained above, these had
 in
fact been rubbished by the Full Court Bench of the Supreme Court of
 Pakistan
against which judgment the government filed no application for review.
 
 
 
What the General has done has serious implications for Pakistan and the
world. In squashing the judiciary for his own personal advantage and
 nothing
else he has usurped the space of civil and civilized society. If
 civilized
norms of justice will not be allowed to operate then that space will,
inevitably, be occupied by those who believe in more brutal and instant
justice: the extremists in the wings. Those are the very elements the
 world
seems to be pitted against. Those are the very elements the actions of
 the
General are making way for.
 
Some western governments are emphasizing the unfolding of the
 democratic
process in Pakistan. That is welcome, if it will be fair. But, and in
 any
case, can there be democracy if there is no independent judiciary?
 
Remember, independent judges and judicial processes preceded full
 franchise
by several hundred years. Moreover, which judge in Pakistan today can
 be
independent who has before his eyes the fate and example of his own
 Chief
Justice: detained for three months along with his young children. What
 is
the children's crime, after all?
 
There can be no democracy without an independent judiciary, and there
 can be
no independent judge in Pakistan until the action of November 3 is
 reversed.
Whatever the will of some desperate men the struggle of the valiant
 lawyers
and civil society of Pakistan will bear fruit. They are not giving up.
 
Let me also assure you that I would not have written this letter
 without the
General's unbecoming onslaught. That has compelled me to clarify
 although,
as my past will testify, I am not given into entering into public, even
private, disputes. But the allegations against me have been so wild, so
wrong and so contrary to judicial record, that I have been left with no
option but to put the record straight. After all, a prisoner must also
 have his say. And if the General's hand-picked judges, some living next door to my prison home, have not had the courage to invoke the power of 'habeas corpus' these last three months, what other option do I have? Many leaders of the world and the media may choose to brush the situation under the carpet out of love of the General. But that will not be.
 
Nevertheless, let me also reassure you that I continue in my resolve
 not to preside any Bench which will be seized of matters pertaining to the personal interests of General Musharraf after the restoration of the Constitution and the judges, which, God willing, will be soon.
 
Finally, I leave you with the question: Is there a precedent in
 history, all history, of 60 judges, including three Chief Justices (of the Supreme Court and two of Pakistan's four High Courts), being dismissed, arrested and detained at the whim of one man? I have failed to discover any such even in medieval times under any emperor, king, or sultan, or even when a dictator has had full military sway over any country in more recent times. But this incredible outrage has happened in the 21st century at the hands of an extremist General out on a 'charm offensive' of western capitals and one whom the west supports.
 
I am grateful for your attention. I have no other purpose than to clear
 My name and to save the country (and perhaps others as well) from the
 calamity that stares us in the face. We can still rescue it from all kinds of extremism: praetorian and dogmatic. After all, the edifice of an  independent judicial system alone stands  on the middle ground between these two  extremes. If the edifice is destroyed by the one, the ground may be taken over by the other. That is what is happening in Pakistan. Practitioners of rough and brutal justice will be welcomed in spaces from where the practitioners of more refined norms of justice and balance have been made to abdicate.
 
I have enormous faith that the Constitution and justice will soon
 prevail.
 
Yours truly,
 
 
 
 
 
Iftikhar Mohammad Choudhry,
 
Chief Justice of Pakistan,
 
Presently:
 
imprisoned in the Chief Justice's House,
 
Islamabad.

 

Follow

Get every new post delivered to your Inbox.

Join 43 other followers