My take on recent events between govt and army especially after the sacking of defence secretary.
The whole game seems to be to send Judiciary home and give a face saving exit to PPP govt. Army fully seems to be an important part of this drama
Real cases are NRO, missing persons and 3rd november. whenever judiciary starts to move against any of these issues govt.,establishment and freindly opposition start playing their drama for TAWAJJA HATAO MUHIM.
Kiyani, Rao Qamar and Pasha should have been sacked after Osama bin laden failure.
Lets see what future brings to us. But one thing establishment and government should know. People with their brains in function will support constitution/judiciary
By Faisal Rahman
General (R) Pervez Musharraf, has launched his political party recently in London. Pakistan’s politics is amazing, a dictator who was all in all in his time and used to stop people from taking part in politics or coming back in the country is now forced to restart his politics from abroad.
Public opinion is divided in Pakistan over the comeback of Musharraf. It will surely not be an easy ride for him in politics. Arrival and stay in country will not be an easy task for the former dictator.
First and the biggest hurdle that will haunt him is 3rd November. It is something over which many sections of society, regardless of their social class and political affiliations, oppose him. 3rd November issue is not only related to the suspension of constitution and illegal sacking of the judiciary, but it also connects to several human rights violations to crush the lawyers movement, media and civil society.
Lal-Masjid operation, extra-judicial killings in Baluchistan, allowing US drone and missile attacks in Pakistan, NATO supplies and troops in tribal areas have put Pakistan into a real mess. The damage he did is so severe that even after two years we are facing the deadly impact. The violations of human rights in his tenure are probably worst in the history of Pakistan. Issues of missing people, particularly Dr. Aafia Siddiqi, will surely haunt him when he comes back.
The post 9/11 policies, which were mainly adapted to give legitimacy to Musharraf’s dictatorship in the eyes of world powers, have caused more than 40 billion dollars direct economic losses to Pakistan, according to government’s own sources. In Musharraf’s tenure, the real areas of economy such as agriculture , technology manufacturing and energy were not focused upon. As a result, we are undergoing food and worst energy crisis ever.
Some impression of stability was created through fictitious economy based on banking, real estate and telecom sector, which eventually resulted in the flight of capital and currency devaluation. This short sighted approach may have got him some political support, but for the country, the approach proved to be destructive in the long run. In fact, the economic bubble burst during the last days of his tenure.
Kashmir is another issue on which Musharraf needs to be questioned. According to APHC leaders, Musharraf damaged the Kashmir cause by sidelining the issue. The main leader from APHC, Syed Ali Shah Gillani, also accused Musharraf for the split of APHC. Keeping eyes close on India’s violations of Indus Water Treaty and letting India build dams was criminal negligence. His mishandling of Dr. AQ Khan’s issue and insulting the national hero will also not be forgiven by Pakistanis.
People including me often criticize the current setup, but we also need to see the cause of this mess i.e. NRO. We shouldn’t only see the ugly dry branches of the dead tree but also need to see who is responsible for the hot water going into roots.
Musharraf’s arrival is very important for Pakistan, as we need answers for many crimes he did against the nation. His arrival is important for strengthening rule of law as it will give chance to trial him for his unconstitutional actions. I am sure if people in NWFP and Baluchistan get a chance to file cases against him in the courts for his crimes against humanity, it will help in calming down the situation in many parts of our country. It will give a chance for Army to restore its image in the eyes of many, who have grievances against the national institution due to the policies by former dictators.
Musharraf’s arrival will also be a big test for our civil society, media and the Pakistani nation as a whole. It will give us a chance to set precedence of indiscriminate justice and rule of law. I hope we will take the right decisions without falling to our prejudices and greed.
Despite the government attempts to slow down and crush the movement, the wrong decision of oath taking under the immense government pressure and all the hardships , the lawyers movement well supported by the civil society of Pakistan continues it’s path to the dream of justice and freedom.
It is decided by the movement leadership to observe 3rd November as Black Day all over the country.
Even the world has acknowledged the movement and now there is a great news that Genuine Chief Justice Iftikhar Chaudhary is nominated for Nobel Prize for peace(but we think the efforts and contribution deserve much more than just a nobel prize).
Keep it up “Justice Loving People Of Pakistan”!
|It’s not over till deposed CJP is reinstated: Aitzaz|
|By By Jamal Khurshid
The Legal fraternity resolved to remobilise civil society and pro–lawyers–movement political parties for the restoration of deposed Chief Justice Iftikhar Mohammad Chaudhry and other deposed Judges of the superior courts and announced to observe November 3 as a black day throughout the country.
Addressing a press conference after the meeting of the steering committee of the National Coordination Council (NCC), Supreme Court Bar Association President Chaudhry Aitzaz Ahsan also urged political activists, students, labourers, traders, civil society and all citizens to share the aspirations of lawyers’ movement to head for Islamabad and join them in their protest on Constitutional Avenue Islamabad on November 3.
“Lawyers have given people of this country a dream of independent judiciary and an egalitarian economy and the brave lawyers and people will not let go it to in vain,” Ahsan vowed. The lawyers also named Ali Ahmed Kurd as candidate for the post of President in forthcoming election to Supreme Court Bar Association (SCBA).
“The struggle shall continue until the supremacy of rule of law is established and until every Judge, including Chief Justice Iftikhar Mohammad Chaudhry, who was made non–functional on November 3, is returned to his office with honour and without conditions,” the committee resolved in its resolution.
The committee also resolved that, notwithstanding the betrayal of the movement by Pakistan Bar Council, the NCC is determined to continue fighting no matter what the odds, for the aspiration of people in general and legal fraternity in particular.
“Although it is a matter of disappointment that some deposed Judges have taken fresh oath to resume their offices, we shall continue to oppose any fresh oath and are determined to carry out the struggle to its logical conclusion,” it resolved.
“The Lawyers movement has not withered away but it is in its phase of reconsolidation and remobilisation,” adding that lawyers would renew the democratic mandate by working for the election of those who have been in forefront of the struggle and are now candidates for various offices in bar associations, including the Supreme Court Bar Association.
Giving details of future line of action, Aitzaz Ahsan said that members of NCC shall individually and collectively visit and address bar association throughout the country to rally support for the elections of the candidates who have been in the forefront of the struggle and such candidates shall coordinate with the central leadership towards this end.
The meeting also endorsed the decision of the Hyderabad High Court Bar Association and the Bar Associations of Mirpurkhas, Nawabshah, Sanghar and Naushero Feroz to invite deposed CJP Iftikhar Mohammad Chaudhry to address the members of the bars at Hyderabad on October 18 or any other suitable date.
It was decided that for mobilizing the bars and to acknowledge the individual sacrifices of the lawyers, the NCC would hold appropriate functions at the seat of all High Courts beginning with a function at Lahore on October 23 where the Chief Justice Iftikhar Mohammad Chaudhry shall be invited to distribute awards to lawyers of Lahore Division who were arrested during the course of the movement.
The steering committee of the NCC also condemned the PBC for its disassociation from the lawyers’ movement for the restoration of all deposed judges of the superior courts. “PBC is opposing the lawyers’ movement for restoration of deposed judges in full strength and I ask lawyers throughout the country to only act upon the call of NCC,” he said. The committee also condemned the decision of seven members of PBC who invited Chief Justice Abdul Hameed Dogar for an inauguration ceremony and termed it violation of the January 13 unanimous decision of the PBC that termed the November 3 steps illegal and Iftikhar Mohammad Chaudhry as the Chief Justice of Pakistan.
“The reappointment of deposed Judges had not affected the lawyers struggle,” Ahsan said. However, he admitted that lawyers pressure on the new PPP-led government had reduced regarding restoration of deposed Judges due to fresh oath by certain deposed Judges of the superior courts. The meeting also endorsed the holding of a national convention of lawyers by the legal fraternity of Gujranwala division on November 1.
Ahsan said that the judicial system had been paralyzed due to suspension of Justice Iftikhar Chaudhry. “Had Chief Justice Iftikhar Mohammad Chaudhry been in the Supreme Court he would have taken strict notice of selected load-shedding and the wheat crisis, among other things” he said.
The meeting also paid rich tributes to lawyers who sacrificed their lives for the cause of an independence of judiciary and rule of law in the country. The meeting also expressed concerned over the worsening law and order situation in Balochistan and the NWFP, wheat, electricity crises, and the price hike in the country and termed it failure of the rulers. It also condemned the attack on the ANP Chief Asfandyar Wali Khan.
Answering a question regarding the slow pace of the lawyers’ movement, Ahsan said that the struggle would gather momentum in the next few weeks.To a question regarding his affiliation with Pakistan People’s Party (PPP) while also leading the lawyers’ movement, he said that he was still with the PPP and many of lawyers belonging to the party were supporting the cause of legal fraternity. He said that he himself raised a voice for the restoration of Chief Justice Iftikhar Mohammad Chaudhry from the platform of the PPP’s highest body and would continue to do the same.
He deplored the fact that the elected government also reneged on its promises for restoration of the deposed Judges that it made on March 9 and August 5 and 8 despite the fact the it was the very lawyers movement which compelled the dictatorship out from the country.
The Sindh High Court Bar Association President Rasheed A Razvi said that lawyers are united and would continue the struggle until the restoration of all deposed Judges including CJP Iftikhar Mohammad Chaudhry. PBC members Ali Ahmed Kurd, Hamid Khan, and lawyers representatives from different bar associations also attended meeting that lasted for more than four hours.
After his illegal actions against the judiciary and the constitution of Pakistan, the dictator almost daily give baseless statements justifying his illegal actions against the judiciary of Pakistan.
One of his allegation is tha judiciary was interfering in the executive and government
powers so to find the truth about the allegations I decided to consult the constitution
to see what it says about the responsibilities of a judiciary:
Below are the words of Oath a judge takes
(from schedule 3 of the ”Constitution of Islamic Republic of Pakistan).
[Articles 178 and 194]
(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:
That, as Chief Justice of Pakistan (or a Judge of the Supreme Court of Pakistan or Chief Justice or a Judge of the High Court for the Province or Provinces of ____________) I will discharge my duties, and perform my functions, honestly to the best of my ability and faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law:
That I will abide by the code of conduct issued by the Supreme Judicial Council:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill-will.
May Allah Almighty heap and guide me (A’meen.)
Now if Musharraf says the judiciary was interfering then he should also think what the government and the executive
authorities were doing weren’t they violating the basic human rights?
(given by the constitution, with special reference to missing person’s case),
how about Musharraf’s elections?(the candidates eligibility in the constitution) and also in the cases of steelmills,
Now lets look at what promises an armed force personnel has to do in his oath(The oath which Musharraf also took as an army officer).
Members Of The Armed Forces
(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.
May Allah Almighty help and guide me (A’meen)
You have the right to judge.
Judiciary was just doing there job(infact after a long time), whereas the dictator has violated the constitution and his oath.