Aafia turns out to be a credible witness–>DAWN

Source : http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/national/12-aafia-turns-out-to-be-a-credible-witness-010–bi-10

By Masood Haider

NEW YORK: Pakistani neuroscientist Aafia Siddiqui took the stand on Thursday afternoon to testify in a court where she is facing the charge of trying to kill American servicemen while in custody at Ghazni (Afghanistan).

While denying the attempted murder charge, Dr Aafia told the court that she was concerned she was going to be transferred to a ‘secret’ prison by the Americans and was trying to slip out of the room when she was shot.

“I’m telling you what I know,” she said in response to a question by Assistant US Attorney Jenna M. Dabbs.

“I walked towards the curtain. I was shot and I was shot again. I fainted.” Much to the surprise of her defence team, Dr Aafia turned to be a ‘credible witness’.

She was allowed to take the stand after Judge Richard Berman issued her caveats making her aware of the pitfalls and the dangers of such a move. Her defence team was literally scared that she could turn out to be her own worst enemy given her past record of outbursts.

She had been thrown out of the court several times after being admonished by the judge not to speak out of turn.

But on Thursday she surprised them all and remained calm and composed.Dr Aafia again denied picking up an M4 rifle and taking a shot at American soldiers and instead maintained that she was scared and wanted to run away as she heard conversations from behind the curtain during her incarceration at Ghazni.

She said as she peeked out of the curtain she was shot and injured. She also accused the FBI agents who questioned her time and again of threatening to hurt her children in order to scare her.

At one point she became so chatty that she was asked by the judge to just answer the question instead of elaborating them.

She also denied prosectuion’s claim that she was trained in rifle shooting, saying: “I took physical training but not to shoot a rifle.”

She said she was shot two or three times by one person in the room and then shot by someone else. She also said she did not believe any US soldier in the room would be irresponsible enough to leave his weapon lying around.

A group of FBI agents and US soldiers had travelled to Ghazni to interview Dr Aafia after she was allegedly found with materials that included hand-written notes referring to a “mass casualty attack” in the US and listed several landmark locations, including the Empire State Building and the Brooklyn Bridge, prosecutors have said.

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Gar Hashar Bapa Hota Hai…

گر حشر بپۃ ہوتا ہے تو حشر بپۃ ہو لینے دو

گر ظلم خفا ہوہے توظلم خفا ہو لینے دو

اے عدل کے ایوانوں کے منصف سن لو

انصاف قتل نۃ ہونے دو انصاف کوزندہ رہنے دو

Who is right?Who is wrong?(Judge from the constitution of Pakistan)

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,

sugarcane etc.

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
[Article 244]

(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.

Objective Resolution of Pakistan——>It seems we are losing the objectivity.

I was just going through the objective resolution of Pakistan which is considered as the guiding principle for our constitutional setup and also is considered as the reflection of the ideology of Pakistan in the constituion…I wonder if someone knows the importance of this resolution(It seems we are losing the objectivity associated with our ideology).

1. Sovereignty belongs to Allah alone but He has delegated it to the State of Pakistan through its people for being exercised within the limits prescribed by Him as a sacred trust.
2. The State shall exercise its powers and authority through the chosen representatives of the people.
3. The principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed.
4. Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings of Islam as set out in the Qur’an and Sunnah.
5. Adequate provision shall be made for the minorities to freely profess and practice their religions and develop their cultures.
6. Pakistan shall be a federation.
7. Fundamental rights shall be guaranteed.
8. The judiciary shall be independent.

I don’t know what to do? Laugh at our situation or to cry out loud.

May Allah give us Hidayat.

Long live Pakistan