A lot is being said about the Imran Khan contempt of court issue.
First thing which shouldn’t be done is to make the issue Imran Khan vs CJP Iftikhar Chaudhary or Supreme Court vs Pakistan Tehreek e Insaf. The main issue is rigging which is creating frustration and so the frustrated remarks. Second thing is that criticizing bad performance is our right as we also appreciate good acts and support judiciary or anyone when they are on the right side. Even if they give some bad decision in this case then it will be our right to criticize the decision or judges but at the same time we will not allow any 3rd November type thing by army against judiciary or constitution if they decided to exploit the situation.
The emerging scenario seems to be a dream scenario for Army,ISI, PPP,PML and NRO gang. I hope things will not go ugly and sanity will prevail. We all know what happened on the election day and how ROs and polling agents worked. If judiciary takes election rigging issue on merit then it will increase their respect and if they go with status-quo forces then same status-quo forces will exploit the issue for their benefits.
We need to stand with justice and not mere individuals. I hope sanity will prevail.
by Ansar Abbasi
ISLAMABAD: General (retd) Pervez Musharraf can be tried under Article 6 of the Constitution for his November 3, 2007 action as well as for his October 12, 1999 martial law, but the 18th Amendment gives constitutional cover to the PCO oath taken by superior court judges in 2000.
Although the 2008 parliament scrapped certain parts of the 17th Amendment passed by Musharraf’s parliament in 2004, the 18th Amendment endorses the indemnity of the oath of judges under PCO taken in 2000.
Therefore, as per the Constitution Musharraf could be tried for high treason for twice abrogating the Constitution, once in October 1999 and again in November 2007, but the judges who had taken oath under Musharraf’s PCO in 2000 are protected by the pre as well as post 18th Amendment Constitution.
Musharraf’s 12 October 1999 martial law, which was indemnified by the 2002-2007 Parliament under dictator’s rule, did not get the 2008-2013 parliament’s endorsement but the dictator’s consequent actions including the oath of judges in 2000 under the PCO got complete constitutional protection in the 18th amendment.
Those media commentators, politicians and opponents of the present independent judiciary, who are desirous of dragging others including the PCO judges of the 2000 PCO, in the high treason case are making an unconstitutional demand. The 18th amendment despite having declared the 2000 PCO as unlawful protected the superior court judges, who had taken the said oath, through 270AA (3), which reads as:
Judges of the Supreme Court, High Courts and Federal Shariat Court who were holding the office of a judge or were appointed as such, and had taken oath under the Oath of Office (Judges) Order, 2000 (I of 2000), shall be deemed to have continued to hold the office as a judge or appointed as such, as the case may be, under the Constitution, and such continuance or appointment, shall have effect accordingly;
Judges of the Supreme Court, High Courts and Federal Shariat Court who not having been given or taken oath under the Oath of Office (Judges) Order, 2000, (I of 2000), and ceased to hold the office of a Judge shall, for the purposes of pensionary benefits only, be deemed to have continued to hold office under the Constitution till their date of superannuation.”
Musharraf’s parliament through its 17th Amendment, had validated/indemnified the October 1999 martial law of Musharraf besides giving constitutional protection to all other president’s orders, ordinances, chief executive’s orders, including the Provisional Constitution Order No. 1 of 1999, the Oath of Office (Judges) Order, 2000 (No. 1 of 2000), Chief Executive’s Order No. 12 of 2002, the amendments made in the Constitution through the Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), the Legal Framework (Amendment) Order , 2002 (Chief Executive’s Order No. 29 of 2002), the Legal Framework (Second Amendment) Order, 2002 (Chief Executive’s Order No. 32 of 2002) and all other laws made between October 12, 1999 and the date on which Article 270AA was inserted by Musharraf’s parliament in 2004.
As the previous parliament could not completely scrap the 17th Amendment, therefore, it gave partial indemnity to all presidential orders, laws etc that justified the consequential actions of Musharraf’s first martial law. The 18th Amendment also did not indemnify the November 3, 2007 action of Musharraf but gave constitutional cover to the general elections of February 2008 as announced by the former dictator.
Supreme Court has ordered to public lal masjid commission report and told the government to give it to anyone requesting for it. In the report the commission has put the blame of innocent loss of lives on General (R) Pervaiz Musharraf and his team at that time including former Prime Minister Shaukat Aziz.
There were some issues in the report which are still a subject of great like the body count and who died. Reportedly, according to the commission report some 103 people were killed in the operation including 92 civilians and 11 security personnel. They also said that no woman was killed in the operation.
However, according to several accounts from lal masjid students, prominent journalists and religious leaders, there were much casualties including women and children. Those who were killed, also allegedly included mother of Abdur Rasheed Ghazi and Abdul Aziz.
Before jumping on any conclusion, we need to take this report very carefully and in full context.
There are two parts of the issue:
a) circumstances in which the operation happened:
The commission interviewed people involved in negotiations and from establishment. based on that they put the blame on government for unnecessary loss of innocent lives. they have recommended DIYAT for the victims and also mentioned that they can go for QISAS as well.
b) ground evidence and number count of bodies and who died:
They had to rely on people sitting in ISI, MI or IB to get ground intelligence on that.
A good thing Supreme Court has done is that they have told the government to make the report public and so it will be a good chance for victim families and supporters to come forward and challenge the given figures based on possible lies of ISI, IB and MI or other govt. agencies. We need to know that most of the relevant ground evidence was destroyed by Army when they shut down the area.
Tahir al Qadri, another dirty game of establishment and their foreign masters to hijack the momentum of change
After all the thought process and failed attempts to hijack the momentum of change being developed, Pakistani establishment and their foreign masters in USA/UK have come up with another puppet named Tahir al Qadri.
It seems all the pressure on MQM by Scotland yard for Imran Farooq murder case was to make them support this game and stay in their limits by accepting the role of a sidekick instead of growing beyond their given size and role.
MQM, ANP, PPP, PML and JUI have done so many crimes that its very hard for them to take a stand against establishment and their masters in USA/UK. Imagine if they can be forced to accept arrangements in local politics because of their criminal record then how can they take any stand (if they have any) on issues related to foreign policies, war policies and other important areas?
Apparently Tahir al Qadri’s mission is to hijack the slogans, confuse the masses by using similar points as used by anti status-quo parties and then present this hijacked revolution in the plate of Pakistani establishment and their masters abroad.
It seems propaganda against Imran Khan on stupid tape issue, Zaid Hamid letter to Imran Khan attacking his loyalty to the country and presenting him as security risk, and propaganda against Chief Justice Iftikhar Chaudhary especially on sectarian lines and Arsalan Iftikhar case are part of the same dirty game plan.
Its a big test now for Pakistan Tehreek e Insaf (PTI), Jamat e Islami (JI) and other smaller parties to come up with a counter strategy and stand above their petty issues to counter this evil plot by Pakistani establishment and USA/uK.
Next election will again be on fake war on terror policies, independent judiciary, missing persons, NRO and other important issues on which establishment is on the opposing side of judiciary and parties who support judiciary and oppose this fake war.
Many people are stupid enough to be fooled by this ass hat Tahir al Qadri and his fake agenda of change and now we need to see how the forces of change in politics, media and civil society can counter this attack.
Statements by Chief Justice of Pakistan and Army Chief –> We support the Supreme Court, Chief Justice and the Constitution
In past few days there were some statements given by Chief Justice of Pakistan Iftikhar Muhammad Chaudhar and Army Chief General Ashfaq Prevez Kiyani. According to media reports, Kiyanis words were (from Pakistan Today):
“Any effort which wittingly or unwittingly draws a wedge between the people and armed forces of Pakistan undermines the larger national interest.”
Also he said:
“No individual or institution has the monopoly to decide what is right or wrong while defining the ultimate national interest.”
These words may not seem very harmful but if we look them in the context of Asghar Khan case and recent proceedings of missing persons cases in the
Supreme Court then one can get some idea about the possible target of the statements.
On the other hand, SC released a speech of CJP which he gave earlier but the timing of releasing the speech to media seems to be interesting and apparently it is related with the statement by Army Chief. In the speech, honorable Chief Justice of Pakistan Iftikhar Muhammad Chaudhary renewed his stance to protect the constitution.
According to media reports, he said:
“Gone are the days when stability and security of the country was defined in terms of number of missiles and tanks as a manifestation of hard power available at the disposal of the state,” the chief justice said while speaking to a delegation of the 97th National Management Course, National School of Public Policy and National Management College Lahore at the Supreme Court building.
Also he said:
“The composition, powers and jurisdiction of the Supreme Court are set out by the Constitution itself and the court exercises original, appellate, review and advisory jurisdictions and its decisions are binding on all other courts of Pakistan,”
I am glad that he acknowledges the struggle by the justice loving people of Pakistan who didn’t buy Musharraf’s national interest or national security type bogus cards and supported the judiciary.
“The present day Supreme Court is alive to the fact that it has been restored to its original position by unprecedented struggle carried out by a consort of such professional classes as lawyers, students, media persons and civil society at large.”
If I have to choose between judiciary and useless army, I will choose judiciary and constitution. It seems army chief is upset because of Asghar Khan case and missing persons cases. Also people like IK have openly said that if he will be in power then generals will also be made accountable in front of the law. Indeed these are some disturbing times for anti-Pakistan corrupt mercenary generals. Army will be the biggest hurdle in any genuine change against the forces of evil and status-quo. Prime example of Army’s support to status-quo is NRO which was given to the corrupt political and bureaucratic elite.
Kiyani needs to understand that if they follow the constitution and respect the principles of justice, human rights and freedom then people will not criticize them. Exceptions are those who are working on foreign agenda but if we look into it then we can see that most of them were supported by Army because of the pro-war stance by these people. If army wants respect then they have to come out of this American war and leave their role of mercenary army. They also need to focus on defending the country instead of taking part in political activities or taking control of land and economic resources of the country. Also accountability of culprits in the institution is also required to improve the image of the institution. We need a credible or even a strong defense but not at the cost of freedom, justice and human rights.
We support CJP and SC. Its our moral and constitutional responsibility to protect the constitution and country from these evil Khakis who only know how to serve their lust of power. They only love that Pakistan which is under their boots and we have to change this situation and inshaAllah it will be changed in a good way.
In a historic judgment by Supreme Court of Pakistan , the judges have ordered an action against Malik Riaz (real estate mafia lord), Salman (Son in law of Malik Riaz) and Arsalan Iftikhar Chaudhry (Chief Justice’s own son).
We salute Chief Justice and Supreme Court for showing us that, at least in their eyes, no one is above the law.
SC orders action against Riaz, Salman and Arsalan
ISLAMABAD: A two member bench of the Supreme Court comprising of Justice Jawwad S Khawaja and Justice Khilji Arif have concluded hearing of the Arsalan Iftikhar suo moto case and issued its short order.
In the short order the Supreme Court directed Attorney General Ifran Qadir to take strict action against Malik Raiz, Salman Ahmed (Riaz’s son-in-law) and Arsalan Iftikhar according to the law. The court said that the three had the right to a transparent trial.
The court ruled that Malik Riaz tried to buy justice, adding those giving bribes and those taking it were both sinners.
The two member bench also rejected the plea of Malik Riaz’s counsel Zahid Bukhari to form a commission or send the case to an investigation agency.
The short order was written on the basis of statements recorded by parties in the case along with those of Hamid Mir, Kamran Khan and Shaheen Sehbai.
Shaheen Sehbai admitted that the son of the CJ was targeted to hatch a conspiracy against the judiciary.
The order further said that Malik Riaz had accepted that despite spending more than Rs340 million he could not get relief. The media should not be used by such persons who do not respect the law and constitution, the order said.
Malik Riaz Planted Interview with Mehar bukhari and Mubashir Luqman on dunya tv–>Malik Riaz directing the interview
Check how Malik Riaz is directing the interview and what sort of discussion is going on.
I think, I don’t need to comment much about it. It’s crystal clear for those who have functioning brain, ears, eyes and conscience.
“Remember how those who bent on denying the truth plotted against you to imprison you or kill you or expel you: they schemed but God also schemed. God is the best of schemers.” (Quran, Al-Anfal 8:30 )