NRO Detailed Judgment has been issued by Supreme Court of Pakistan. Previously on 16 December 2009, SC 17 member bench headed by Chief Justice Iftikhar Chaudhary issued a short order which nullified the draconian law.
The 287 detailed judgment is written by CJP Ifikhar Chaudhary.
The judgment can be downloaded from:
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.
SC issues detailed Judgment in NRO case
The petitions were heard by 17-Member Larger Bench headed by Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan and consisting of other Judges namely Mr. Justice Javed Iqbal, Mr. Justice Sardar Muhammad Raza Khan, Mr. Justice Khalil-ur-Rehman Ramday, Mr. Justice Mian Shakirullah Jan, Mr. Justice Tassadduq Hussain Jillani, Mr. Justice Nasir-ul-Mulk, Mr. Justice Raja Fayyaz Ahmed, Mr. Justice Ch. Ijaz Ahmed, Mr. Justice Muhammad Sair Ali, Mr. Justice Mahmood Akhtar Shahid Siddiqui, Mr. Justice S. Khawaja, Mr. Justice Anwar Zaheer Jamali, Mr. Justice Khilji Arif Hussain, Mr.Justice Rahmat Husain Jafferi, Mr. Justice Tariq Parvez and Mr. Justice Ghulam Rabbani.
The Judgment has been authored by the Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan. The judgment was circulated to all Judges of the Bench, signed by Mr. Justice Khalil-ur-Rehman Ramday on 12-01-2010.
It has been signed by all remaining Judges of the Bench. The judgment has unanimously been signed by all the Judges and having signed detailed judgment the three Judges namely Mr. Justice Sardar Muhammad Raza Khan, Mr. Justice Ch. Ijaz Ahmed and Mr. Justice Jawwad S. Khwaja have also added supporting notes.
Many people are of the opinion that army under Kiyani is different than army under Musharraf. I have doubts and disagreements over this statement.
If Kiyani is somewhat different then he needs to come out of that filthy NRO-Musharraf Protection-War against humanity deal.
According to which:
1) PPP and liberal alliance got NRO.
2) Pervaiz Musharraf got protection from article 6 proceedings.
America and Army (Kiyani represented the army) were the brokers of the deal.
The main thing which made this deal possible was the commitment of both army and PPP to fight this war against humanity and peace.
Pak Army/ISI are not fighting against USA and allied forces , they are giving them safe passage for their 95% supplies for Afghanistan(An impression is being given by establishment that operations in tribal areas are not against our tribes but are against CIA backed groups). They are giving protection to their assets in Shamsi, Tarbaila Ghazi etc .Missing persons case is still running and still the facts are not presented to courts by army/agencies.
I can say the change in their behavior is coming when:
1) They decide to come out of this war.
2) Take their support to US and allies forces back.
3) Kiyani invokes army act 1952 against Musharraf for treason.
4) Army decides to leave their forceful control over Pakistan’s economic resources especially land.
5) Generals stop building their image and focus on national security and not on ways of capturing powers and political influence.
Our Quaid had a great visionary mind and we can still learn from what he said:
“I am persuaded to say this because during my talks with one or two very high-ranking officers I discovered that they did not know the implications of the Oath taken by the troops of Pakistan. Of course, an oath is only a matter of form; what are more important are the true spirit and the heart.” – Jinnah at Staff College Quetta 14th June 1948
And what oath they take currently:
“(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage myself in any political activities whatsoever and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the law.”
If an unlawful command is given then constitution says not to obey it and in the oath our soldiers swear in the name of Allah to uphold the constitution.
The best thing army can do is to become a national army and stop acting like an occupied force which serves the motives of imperialist powers.
Saturday, November 28, 2009
By Ansar Abbasi
ISLAMABAD: President Asif Ali Zardari does not need adversaries as he is his own worst enemy. He shouldn’t be worried about the conspiracies, if any, of his political foes, the establishment or his perceived opponent — Geo and a few journalists associated with the Jang Group — because he himself is in a self-destructive mode.
Perhaps not many would be bothered as to what he does to himself but the big worry is about his style of governance which is marred by inaction and indifference at a time when there is a need to do a lot and seriously.
His strange and incomprehensible attitude is damaging Pakistan and threatening the whole system. To be precise and candid, if I am allowed to express my personal view, there is no greater threat to democracy and the system than the president himself. Others have the right to differ.
Getting to the Presidency or the chief executive’s office through democratic means, does not mean anything if the promises made are disregarded, election manifesto is overlooked, institutions are ruined, constitutional distortions are subtly protected to thrust and sustain a one man rule that could be described as civilian dictatorship, and parliament is ignored and cabinet is turned into a non-entity. All of this is happening under Zardariís rule.
Although the president has pointed his finger at Geo and Jang Group as his sole enemy, he conveniently ignored what the whole world says about his style of government, his growing unpopularity, mounting corruption of his regime and his men.
Read the foreign newspapers and magazines, look what is coming from Paris about the submarine deal, go through the international surveys about the record-breaking corruption to adjudge the reputation of Zardari-led political dispensation. You will find that Pakistan is hurting.
Ask the political parties, get the pulse of the military establishment, talk to the members of the civil bureaucracy and even have a heart to heart discussion with the PPP leaders including those holding public office, there is a consensus that the president is doing just contrary to what the situation demands. Pakistan is confronted with Himalaya like challenges but its president appears non-serious to face them and get them resolved. No matter what he said in his last public speech made from the Presidency, now generally termed his bunker, he knows how he is seen by all the stakeholders and how much he is trusted.
Media has always served as an easy prey for every government. What President Zardari also did on last Wednesday was no different from the past? We know the Jang Group has committed ìsinî by unearthing corruption scandals, one after the other, and by consistently highlighting tales of murder of merit, favouritism, bad governance. We are also ìresponsibleî for reminding the president and his government of promises, commitments and pledges that remained unfulfilled. President Zardari may not like it but we would continue doing so because it is our fundamental responsibility and this is what the media has been doing in the past.
We have nothing personal against anyone. We donít seek any personal favour, plots, foreign trips and lucrative positions. We neither conspire nor claim to be the kingmakers. We are just messengers and opinion makers. We may be accused of running campaigns or getting biased but all such campaigns or biases, if any, would be directed for institution building, rule of law, justice and fair play. The deserted ousted dictator General (retd) Musharraf also thought that we were biased against him. To an extent he was right that we were biased. But our bias was not against him but to achieve the goal of independence of judiciary in Pakistan. We achieved the goal for which the whole nation takes pride today.
Our criticism against the president and his regime is based on similar biases, which should not be misinterpreted in any other manner. Needless to say that we are biased against corruption, we are biased against nepotism and violation of merit, we are biased against misrule, we are biased against undemocratic postures of the democrats, we are biased against weakening of the institutions, we are biased against military rule as well as civilian dictatorship and certainly we are biased against anything that in any manner harms our homeland.
Mediaís criticism is nowhere seen as a ìconspiracyî to make or break governments. Instead, it is taken by the matured minds and civilised societies as a chance to improve governance, better service delivery, address injustices and serve the public interest.
President Zardari may not like it but he needs to change himself if he wants to secure his presidency. It may also not sound music to his ears but he also needs to change his company by getting rid of the tainted sycophants, dirtied courtiers, corrupt to the core souls and some ìknownî agents of MI6 and CIA, surrounding him. He has to act without any further delay to undo the 17th Amendment, implement the Charter of Democracy and check corruption. Otherwise, he would continue getting weaker and weaker with every passing day. But for his own follies and failings, there is no reason to blame others, particularly the media, which is the mirror, whom the politician always support and admire when out of power intoxication.