In a historic and remarkable decision today, Supreme Court of Pakistan declared PM Gilani as guilty in Contempt of Court case against him for disobeying court orders in NRO case.
A seven-member bench, headed by Justice Nasirul Mulk announced the conviction violating article 63 (1) (g) of the Constitution and for ridiculing the court. Gilani is punished for the duration of the court sitting time for the case today. “For reasons to be recorded later, the prime minister is found guilty of contempt for wilfully flouting the direction of the Supreme Court,” said Justice Nasirul Mulk (according to Express Tribune).
Punishment to Gillani seems to be minor but it will be enough to disqualify him and it has also limited his chances of becoming a political martyr or jail hero. I would say with a bit reservation that its not a bad decision but a bit wise one.
Hopefully, things will improve in the country and Rule of Law based on equality and justice will find its way in the country.
Recent heated debate over Blasphemy laws is getting worse day by day and now the issue has gone to the level of insanity and now people are using it to score political points.
The issue got worse when instead of taking the issue in parliament or Islamic ideological council , the issue is politicized for point scoring left/right politics or liberal/mullah politics. Now its high time for religious scholars, law experts and human rights experts to sit together and resolve the issue by doing a constructive legal and academic debate. We have a very basic principle in Quran :
“O ye who believe! Be steadfast witnesses for Allah in equity, and let not hatred of any people seduce you that ye deal not justly. Deal justly, that is nearer to your duty. Observe your duty to Allah. Lo! Allah is Informed of what ye do.” [Al-maeda ,8]
The biggest blasphemy that can be done is to introduce things in the name of Allah and Prophet (S.A.W) which are not part of their teachings.
We need to improve Qazaf laws for false witness, law of witness itself, importance of personal testimony, procedure of implementation and also we need to see whether this law can be implemented on minorities or not. According to fiqh Hanafi the dominating fiqh , the law cannot be implemented on Zimmi or non muslims under the responsibility of an Islamic State. Even for majority muslim population we need to see what punishment is there according to Quran and Sunnah or social circumstances of the alleged person should be considered during the case like the punishment for Zina or adultery committed by muslim with backward or uneducated social background is half as compared to other muslims and also we need to see if apology in such cases can work. Current procedure is a legacy of colonial era where there is no consideration of alleged person’s s social background is given or law is applied in a real centralized manner.
We also need to see what is meant by Blasphemy? I have seen muslims being persecuted for this law just because of them having a different point of view on 12 Rabiulawwal and Waseela issue.
We neither want a Pastor Terry Jones type situation which can start a civil war in the country nor we should make it a holocaust issue on which even debate is not allowed in many countries including those who call themselves civilized.
The problem is that we are in a war mode and stuck in an unwanted war which has destroyed or social fabric and everyone is in hyper state to protect their ways and level of sanity has gone down. The policy of using sectarianism as a tool by establishment and foreign masters for expanding war has also contributed in this.
If we claim to be muslims and call our state an Islamic state then basic principles of justice and equality which were part of the first Islamic state of Madina and also part of Meesaq e Madina should be kept in mind.
The month of August is here with Independence Day of Pakistan being one of the main highlight of it. This year we are going to celebrate the 63rd year of Independence from centuries old British Rule.
Independence day is probably the most confusing day I consider as compared to rest of the days in our national calendar.
Though like many years it has come when we are going through “National Crises” and like always our nation will try to regain its “National Confidence” and “Nationalism” through national songs and flag hoisting ceremonies.But honestly telling these displays of pseudo-patriotism are now losing their meanings in front of me.
For me independence is not merely having a state with the right to have an identity card as citizen.But its about having the right to use your potential and getting results from it.Independence is about taking your own Economic and Political decisions yourself. Independence is about living with dignity and self respect.
On one hand we are busy in fighting a foreign war which is destroying our social fabric and on the other hand we are so Economically and Politically weak that we cannot take decision in our favor about it.
Even after suffering so much in the so called “War on Terror”, we are still blamed for exporting terror by our key allies like Britain. This shame wasn’t enough for our leaders that they decided to give a pleasure visit to the country which didn’t even give slightest of regards to thousands of life we gave for their war. This visit, even after so much humiliation, was so important for our President and our government that they even didn’t give small consideration about the losses our nation is suffering due to recent devastating floods.
If we become a bit more honest and bold about judging our situation then I am afraid we will not be able to find ourselves eligible of celebrating the independence day.
Our ancestors fought for freedom so that they can have a country where principles of justice and equality will prevail. If we look at our present condition it doesn’t show promise in that regard as well.
Our national agenda are hijacked by dictators,feudal and corrupt corporatist who enjoy total dominance and totalitarian control over the resources of our country. People are made enemies of each other by exploiting sectarian, ethnic and social class
diversity we have in our society and converting it into a clash. Legislation in made in such way that criminals, plunderers and incompetent people not only can reach to the highest forum of national policy making i.e. parliament but now they are given the right to select the judiciary.
Judicial institution is probably the first and in many ways also the last institution which gives a weak and poor citizen the chance to protect himself being victimized by the elite and powerful. Without an independent and powerful system of justice no citizen can think of freedom and no nation can reap the fruits of independence.
Though some promising situation is shown by media, some sections of civil society and higher judiciary but overall our situation is not improving and in fact getting worse day by day. Apart from leadership I will also blame our nation for this as their personal prejudices, short term greed and narrow vision has brought us to this level.
We are the ones who don’t find much moral courage to criticize and stop wrong and support the right cause as our own petty issues and prejudices come in our way. This approach of prejudice, greed and narrow mindedness has also become part of our national policy making which is evident in this so called “War on Terror”.
The situation is so bad now that the nation which, despite all its weaknesses, used to help each other in hour of crisis and need is now killing each other from Karachi to Khyber even during the worst disaster of our national history.
It is now a high time for us to reconsider our national agenda and come out of this pathetic hypocritical approach. We need to sincerely judge ourselves and our problems and fix them one by one in our collective and personal lives. For once we need to think like a real honest, just and freedom loving nation.
Happy Pakistan Day!
We need to revive the goals of justice, equality and freedom which resulted in the creation of our homeland.
We need to revive the spirit of Pakistan resolution and give sense of ownership to the different constituents of our federation through decentralization of power.
We need to analyze our mistakes as a nation and see where we went wrong to rectify it.
Something I wrote a year ago for the same occasion:
Mutual existence can only prevail through mutual acceptance which includes acceptance of each other as realities , acceptance of commonalities and acceptance of disputes which need to be resolved on the principles of justice and equality.