Army must keep itself away from another confrontation with the civil society

It will be a serious debacle to the social and national integrity of Pakistan if General Kiyani decides to intervene in favour of General (R) Musharraf and his dictatorship.

According to media reports the current PCO-SC of Abdul Hameed Dogar may call the army to help Supreme Court (PCO-SC) in abstaining the National Assembly to revoke the November 3 2007 actions by Dictator Musharraf.

The media reports say that PCO-SC may use article 190 which obligates all the executives to act in aid of the Supreme Court BUT the executives must remember that the constitutional SC is of Honorable Chief Justice of Pakistan Iftikhar Chaudhary not of Abdul Hameed Dogar so if the article 190 is invoked it should be in aid of Justice Iftikhar Chaudhary and the Supreme Court which he heads constitutionally.

For the army and military establishment we can only pray that they will keep themselves away from another confrontation (or a possible clash) with the civil society of Pakistan and for the dictator we can only say,” Quit your position,have mercy on Pakistan and stop playing with the constitution and integrity of Pakistan”.

WE LOVE OUR ARMY(IT’S OUR OWN ARMY), WE RESPECT IT VERY MUCH AND IF THE TIME COMES WE WILL FIGHT ALONGSIDE WITH THEM (AGAINST THE ENEMY NOT JUDICIARY OR OUR OWN PEOPLE) BUT WE WANT THE ARMY TO ACT ACCORDING TO THE CONSTITUTION AND TO FOCUS ON THEIR ORIGINAL DUTY (POLITICS IS NOT THEIR JOB).

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Related Report:

A new crisis brewing for General Kayani(The News)

By Ansar Abbasi

ISLAMABAD: Despite the legal wrangling on the highly controversial action, the ball will be thrown into the court of Chief of Army Staff Gen Ashfaq Kayani if the Supreme Court calls the Army to its aid, apparently to subvert the restoration of the deposed judges by parliament.

The Supreme Court action, some legal minds say, may spell disaster and chaos given the prevailing charged environment in favour of reinstatement of the sacked judges with two main winning parties having vowed to restore them.

Even on the very first meeting of the National Assembly that was meant just for its swearing in, the Pakistan People’s Party (PPP) and Pakistan Muslim League (PML-N) made it quite evident that they do not accept the Nov 3 constitutional amendments, which paved the way for sacking of the superior courts’ judges. The two leading partners of the future coalition government — the PPP and the PML-N, which together have 212 members in the National Assembly — have already committed on March 9, 2008 in the Bhurban Accord that they would restore the pre-Nov 3 judiciary through a parliamentary resolution.

If the chief judge decides to invoke Article 190 of the Constitution, which says, “All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court”, and calls the Army in aid of the apex court than such a thing would happen for the second time in the history of Pakistan.

During the second term of Nawaz Sharif, the then chief justice Sajjad Ali Shah had also written to the then Army Chief Jahangir Karamat and sought the military help but he and the GHQ he was heading did not find the chief justice’s request valid for consideration and referred the same to the defence ministry, which is part of the executive.

A simple understanding of Article 190 lays bare the fact that the request to call the Army can’t be made directly to the military and it has to be routed through the executive. But at the same time, there are some constitutional experts, who argue the Supreme Court could directly call the Army.

One of the top legal aides of the government, on condition of anonymity, also argued that the Army could not only be called “to act in aid of the Supreme Court” but also be ordered by the Supreme Court to do the same.

The same legal aide claimed that the purpose of the Full Court meeting is firstly to show solidarity and give clear signal to all and sundry that the post-Nov 3 judiciary is united, and secondly, possibly to consider the option of writing to the Army Chief “to act in aid of the Supreme Court”.

He said if the next government restores deposed judges through a parliamentary resolution and revert the Supreme Court to the pre-Nov 3 situation then who would be there to protect the post-Nov 3 judiciary. The legal aide denied that he was part of a recent presidency meeting, which continued till 4:30 in the morning.

Gen Kayani has already put in a lot of effort ever since becoming the Chief of Army Staff to redeem the respect of the Army. He has not only directed the men in uniform to keep themselves away from politics and political leaders but also issued orders for the return of Army officers from civil institutions back to the GHQ.

The Kayani-led Army also received kudos for its impartial role during general elections. Although the Supreme Court’s order is generally binding on every institution, the present situation is a complex one.

The standing of the present Supreme Court is being questioned by the vast majority of parliamentarians, the legal fraternity, the civil society and others who do not accept actions of Nov 3 emergency-cum-martial law, including sacking of almost 60 judges of the superior judiciary.

In a situation where the people has given their mandate to the anti-Musharraf political forces and in favour of the general demand for restoration of deposed judges, dragging the Army into this matter would be highly controversial. It would be considered as taking side with the dictator and against the interests of the people. Such a situation would be chaotic.

Meanwhile, in the official circles there are fears being raised that the stage is being set by the presidency for imposition of emergency to regain its firm control over the state of affairs. It is apprehended that a situation is being deliberately created where constitutional institutions look like proceeding for a head-on collusion, which would make a perfect case for the caretaker prime minister to advise the president to promulgate emergency in the country.

But in such a scenario, yet again, the result would be complete chaos, anarchy and possibly bloodshed. It is relevant to mention here that 22 retired judges of the Supreme Court, including six former chief justices of Pakistan, have recently supported the idea of deposed judges’ restoration through an executive order or a parliamentary resolution.

They categorically said that this reinstatement does not require any constitutional amendment. All these respected former judges have found the Nov 3 action unconstitutional, including the oath of judges under the PCO.

Despite all this both mainstream parities, the PPP and the PML-N, and the lawyers’ community in order to avoid a possible confrontation, do not seek removal of the PCO judges or those who took oath under the Constitution after Nov 3. Contrary to this accommodation by those who enjoy the will of the people, any move to block reinstatement of deposed judges would be like inviting crisis.

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Aitzaz threatens court boycott if (Musharraf-Dogar)SC stays NA resolution—>The News

ISLAMABAD: President Supreme Court Bar Association Chaudhry Aitzaz Ahsan on Monday threatened countrywide boycott of the courts if the Supreme Court granted stay against the parliament resolution for the restoration of the pre-November 3, 2007 judiciary.

“The legal fraternity across the country will bring out rallies and stage protest demonstrations if the Supreme Court granted stay, restraining the members of parliament from passing a resolution for the restoration of the November 2, 2007 judiciary”, Ahsan told a hurriedly called press conference at his residence here.

He said that if the apex court granted stay against the parliament resolution, they would place photographs of all those judges responsible for the said stay on the notice boards of all the bar associations across the country. However, he said that not a single photo of the judge would be disfigured and if any photo was disfigured it would be replaced with a fresh one.

“A parliament resolution is required not for the restoration of judiciary of November 2, 2007 but to strengthen the hands of the executive that parliament stands behind the judges who declined to take oath under the PCO of 2007”, Aitzaz maintained.

A writ petition was filed in the Supreme Court on Monday against the Murree Accord, praying the apex court to restrain the members of both houses of parliament from passing any resolution or enactment through simple majority against the orders passed by the Supreme Court of Pakistan.

Similarly, Chief Justice Abdul Hameed Dogar has called a meeting of the full court of the Supreme Court today (Tuesday) wherein all the judges of the apex court who took oath under the PCO 2007 would participate.

Aitzaz referred to two developments, which took place on Monday, including filing of a petition in the apex court seeking stay against the parliament’s resolution and calling of full court meeting by the PCO court on a short notice.

He wondered why a full court meeting was called in haste. He said that the PCO court had no jurisdiction to interfere in the affairs of parliament, saying judges who took oath under the PCO were not validated by parliament.

“We have been very accommodating and we don’t want any confrontation and had earlier announced that judges who were in the Supreme Court on November 2, 2007 could be restored along with the deposed judges and Justice Dogar should also continue as judge”, he said.

He said that if a stay is granted, they will not ensure flexibility and there will be no space for any judge who took oath under the PCO. “If a stay is granted it will be contrary to the judgments of Supreme Court including the Ahmed Saeed Kirmani case of 1955,the Colnol Farzand Ali case 1970 and the Federal Government Reference of 1973”, he added.

He said that the court has no jurisdiction to interfere in the affairs of parliament and this will be a negation of democratic process. He said the lawyers would wait for 30 days for the new government to restore the deposed judges, and would remain peaceful during this period.

He said they believe in continuing their peaceful movement for the restoration of the judges and the rule of law as they proved earlier when the lawyers remained on roads for hundreds of hour but not a leaf was trampled during their movement.

He said that soon after his release, deposed Chief Justice Iftikhar Muhammad Chaudhry along with other judges of the superior judiciary would address bar councils across the country as he has been invited to do so.

Justice denied to 529 Missing Persons of Pakistan–>An open letter by Mrs. Amina Masood to General Kiyani

The following email was sent to General Kayani’s son so that he could forward it to his father.

This is a follow up on the Open Letter to General Kayani by Mrs. Amina Masood Janjua, from Defence of Human Rights asking for an official statement on the missing people with their charges and tried before the independent pre-Nov 3rd Judiciary. The ultimatum was 15th March, which has passed, and now cases for release of these people will be registered in international courts since Pakistan is unable to provide them justice.

To journalists and bloggers: While I understand the news piece may have some difficulty in getting published, please try your best to spread the word for the innocent missing people and their affected family members. This is the least we can do to condemn this heinous crime of the current regime.

In Solidarity,
Ryzwan Ullah Shaikh

 Email message from Mrs. Amina Masoor (From Emergency mailing list)

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From: Amina Masood
Date: Mon, Mar 17, 2008 at 1:12 AM
Subject: Justice denied to 529 Missing Persons of Pakistan
To:
Dear Sarosh, AOA  Please forward it to your respectable father because there is other way I can access him.I will be truly greatful to you. You may be or may be not aware of the

 most tortureing and painful issue of our Nation , It is the fundamental human rights concern

 of those honorable citizens of Pakistan who have been picked up by our agencies ,later on

 either sold to USA or Rienditioned to unknown locations held by CIA detentions.Few lucky

ones are with our own agencies ,they either die within the custody not able to bear the

torture or being released when they are mentally collpsed and good for nothing.Their

numbers with me are 529 today,but International Human rights groups say they are thousands more.Here is a chance for you to prove you care for you poor aggrieved Nation.  Please play your role in this hour of need and turmoil for your Pakistani bretheren.  Warm regards  

Amina Masood Janjua

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Open Letter to Pakistan Chief of Army Staff Gen. Kayani

The International Campaign to Restore Democracy in Pakistan (crdpnow.org) and partnering organizations demand that Pakistan Chief of Army Staff Gen. Kayani submit a list of all the held detainees kept illegally by the intelligence and military forces under his jurisdiction.  A majority of Pakistan’s judiciary was dismissed on November 3rd when President Musharraf imposed martial law in the guise of “emergency.” On November 13th, Pakistan’s Supreme Court was due to hear the cases of 485 victims of enforced disappearance over the past six years. Many of these had returned with horror stories from detainment centers around the world, including the one in Guantanamo Bay. The campaign demands the release of all those who are innocent and so that their missing status can be changed and family contact can be established. The families of victims of enforced disappearances demand that the COAS’s office issue a list of the names and charges of all Pakistanis held under extrajudicial detainment on account of actions taken by the army and intelligence forces under his command. In the weeks before March 15th, the deadline announced for the release of the names and charges of all detainees, this joint effort by Defense of Human Rights (DHR) and the International Campaign to Restore Democracy in Pakistan (CRDP) will investigate the evidence against all individuals associated with the government of Pakistan who may have authorized and carried out these abductions.  The campaign will also consult with its partners in the United States, the United Kingdom, and Pakistan to develop a strategy to take immediate legal action against all parties responsible for these disappearances if no response is received from General Kayani’s office by March 15th. The Defense of Human Rights welcomes the campaign’s statement. Since September, 2001, thousands of valuable citizens are picked and kept in illegal detention where they are being tortured and interrogated, beyond the pale of the Rule of Law.  Defense of Human Rights invites General Kayani to bring all such detainees to justice, release them all and submit a list of names of all those which are kept with Army or its Intelligence Agencies. We demand that those accused should be tried in open Courts, let their families contact them and have legal aid of their choice according to rule of Law. The Army Act Amendment implemented retroactively to justify illegal activities of intelligence agencies and try civilians in Army Courts will not be acceptable. In the absence of any acceptable response from your office before the proposed deadline of March 15th, 2008 the families of the victims of enforced disappearance have pledged to observe the following course of action: 

  1. We will launch our struggle abroad where 520 cases of Enforced disappearances would be refiled for Justice.
  1. In the absence of an independent judiciary prepared to hear our cases,” the Defence of Human Rights will seek justice in international tribunals of justice.
  2. We will mobilize students to spearhead a Pakistan-wide campaign on behalf of the victims.
  3. The families of victims will travel all over Pakistan in all the major cities and launch a massive series of protests demonstrations.

 Amina Masood JanjuaAnchor PersonDefence of Human RightsCell: 0301-5240550

Office No: 051-5511686

Note:The letter above refers to the case which became the main cause of differences between the Musharraf administration and the Supreme Court of Pakistan(which took notice of the missing persons situation and was trying to give them justice).

Updates of black flag week—-> Rally on Sunday in Karachi

Some updates for black flag week-rally in Karachi on Sunday

Updated Events at : http://blackflagweek.blogspot.com/
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KARACHI CAR RALLY
3:00pm
KHI: FOUR RALLIES: Car.Truck.Bus.Rickshaw Rallies
When Sun, Mar 16, 3pm – 5pm

All 4 rallies end at Quaid’s Mazar.

Starting at these 4 points:

1. Bacha Khan Chowk,
2. Malir District Courts,
3. Bacha Khan Chowk,
4. Seaview.

Bring your car
Bring your motorcycle
Bring your rickshaw
Bring your bus Or
Bring your truck

Wear Black Armband
Fly a Black Flag on your vehicle

EVENTS FOR FRIDAY:
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Karachi

4:00pm
KHI: Flag Hoisting: Seaview
When Fri, Mar 14, 4pm – 5pm
Where Seaview
Description People’s Resistance

5:00pm
KHI: Seminar & Flag Hoisting
When Fri, Mar 14, 5pm – 7pm
Where Jinnah Medical College (Medicare)

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Lahore

10:30am
LHR: G. House Meeting
When Fri, Mar 14, 10:30am – 11:30am
Where Lahore High Court & Lahore Bar Association

5:00pm
LHR: Black Flag Rally
When Fri, Mar 14, 5pm – 6pm
Where Lahore liberty Roundabout

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Islamabad:

4:00pm
ISB: Black Flag Demo at G-10 Markaz
When Fri, Mar 14, 4pm – 6pm
Where G-10 Markaz, Isl.

WhenFri, Mar 14, 4pm – 6pm
WhereG-10 Markaz, Isl.

Another evil act by Musharraf establishment, using 12 Rabi ul Awwal for their evil political cause

I don’t know what change has come in the past few days in our American pet dictator that his loyal establishment is now trying to spread the message in the society that black flag week is disrespect for the month of Rabi ul Awwal.
Rabi ul Awwal has its importance because it’s the month of our beloved Holy Prophet Muhammad (SAW)’s birth, the Prophet (SAW) who spread the message of a religion whose foundations are based on the principles which say that all the humans are equal in front of Allah, the religion which obligates its followers to have justice among themselves, the religion which protects the basic human rights and many other things which you cannot expect from our dictator’s government.
The holy book which was revealed on the Prophet (SAW) says,
“We sent aforetime our messengers with clear Signs and sent down with them the Book and the Balance, that men may stand forth in Justice.” [Al-Hadeed 57:25]
So if people are doing there struggle for the cause of justice I don’t think that the act is a disrespect for the month in which the Prophet (SAW) was born.
As the dictator’s former state minister of religious affairs and his former supporter , Amir Liaqat said that he would have believed the natural attachment of “the person” (with the Prophet (SAW) and the month of Rabi ul Awwal) if he wouldn’t have know the nature of the person(the great dictator).
Now lets see what our great establishment who is now pursuing the Ullema’s to give fatwa on the black flag week in the month Rabi ul Awwal doing in this month, killing own Muslims (including women and children) in their own country, illegal detention of judiciary including the genuine CJP,illegal detention of Dr AQ Khan, people are dying of hunger and the governing class is busy in playing there dirty political games, Kashmir and Palestine causes have been surrendered to the will of the imperialist powers and how much do I have to write.
The CJ of Pakistan , Iftikhar Chaudhary wasn’t allowed to offer eid-ul-azha prayers, that’s what you call love with the Prophet(SAW)? What would the Prophet (SAW) say on Lal Masjid operation? What about hand shake and exchange of goodwill with the leadership of Israel which is not only occupying illegally the Holy Land but also killing innocent people.
Our Prophet (SAW) gave the lesson to act justly
“Those who act justly will be seated upon pulpits of light before Allah. They will be those who do justice in their decisions, in matters relating to their families, and in all that is referred to them.” Hadith Nabwi (SAW)

And if some people (MashaAllah there are many now) are doing struggle for the cause of justice, they are serving the righteous cause which is not in any form condemnable.
But in fact the efforts of the establishment to exploit the love of the Prophet (SAW) for their political cause and the power lust of a dictator is a disrespect not only to the month of Rabi ul Awwal but the mockery of affection all the Muslims have with the Prophet (SAW).
In the end, for the people who think struggling for a cause or doing protest is something which is useless and condemnable:
“Whoever amongst you sees anything objectionable let him change it with his hand, if he is not able, then with his tongue, and if he is not even able to do so, then with his heart, and the latter is the weakest form of faith.” Hadith Nabwi (SAW)
Now please Mr. President Dictator stop dividing the society and stop damaging the country.

JAB KHATM HOGI ULTI GINTI–>Woh ajab aik manzar hoga

LAWYERS HAVE GIVEN A TIMELINE OF 30 DAYS AFTER THE FIRST SESSION OF THE NATIONAL ASSEMBLY

TO REINSTATE THE JUDICIARY.

THE POEM IS A MESSAGE FOR THE DICTATOR AND HIS SUPPORTERS.

WOH AJAB AIK MANZAR HOGA

AAMIR GHAR KAI ANDAR HOGA

BAHIR SAARI JANTA HOGI

LOGON KA SAMANDAR HOGA

KALAI KALAI KOTON WALAI

SABZ HILALI PARCHAM THAMAI

DIL MEIN AIK UMANG LIAI

MANZIL KI TARANG LIAY

DHARNA DAIKAI BETHAI HONGAI

WOH AJAB AIK MANZAR HOGA

SAATH HONGAI MAZDOOR BHI

TALBA BHI ASATZA BHI

INSAF KA ALAM THAMAI

ADAL KAI LAGAINGAI NAARAI

PHIR ADLIA AZAD HOGI

AUR AAMIR NAZARBAND HOGA

WOH AJAB AIK MANZAR HOGA

ZULM KI JO DAASTAN HAI

HAR SHAKS KI ZABAN PAR HOGI

JIN HATHON NAI LAHU BAHAIA

QAUM KI MAON KO RULAIA

ISS DIN WOH KAPKAPAIN GAI

JAB KHATM HOGI ULTI GINTI

SAARAI DARWAZAI BAND HONGAI

WOH AJAB AIK MANZAR HOGA

AAMIR GHAR KAI ANDAR HOGA

BAHIR SARI JANTA HOGI

LOGON KA SAMANDAR HOGA

Aitzaz Ahsan to lead rally on 13 March 2008 —>Black Flag Week Updates

(From Emergency Mailing List) 

Nationwide: Complete boycott of ALL courts on Thursday
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Lahore: Car Rally on the 13th from Lahore to Gujranwala at 8:30 am. This will leave from 5 zaman park lahore. Aitzaz Ahsan will lead this rally. All those wanting to attend this event send a confirmation to: info@aaa-law.net
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Islamabad: 4:00pm

 ISB: Black Flag Demo at F-8 Markaz
When    Thu, Mar 13, 4pm – 6pm
Where    F-8 Markaz Islamabad

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Karachi: 10:30 am


 KHI:Bushra Aitzaz at KBA & Rally
When:  10:30am – 11:30am
Where:  Karachi Bar