Executive vs. Judiciary

Yesterday, a presidential order was passed to elevate Lahore High Court Justice Saqib Nisar to an apex court Justice. Within four hours of the presidential order, the apex court slammed the presidential order, besides, terming it a serious violation of article 177 of the constitution.

The article 177 of the constitution of Pakistan states: The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.

In a wake of this donnybrook between the lawyers or Judiciary and federal government or Executive, it’s also said that president did consult the Chief Justice Iftikhar Muhammad Chaudhry before the presidential order was passed. Simply following a formality and consulting the Chief Justice of Pakistan within this formality border isn’t a right way. Our constitution doesn’t speak about the further solution lest there’s a dissonance between the CJP and president. So here something called a ‘common sense’ needs to be used that both CJP and president should unanimously agree over the decision of appointing the Judge. One agreeing and other disagreeing isn’t viable specially when Judiciary and Executive are important part of country’s edifice and their tussle would surely create more problems in an already troubled country.

Hence, it’d be letter-perfect to say that the presidential order by Zardari was an overhasty act which lead to a quick brouhaha in the country. Had Zardari consulted the CJP in order to deduce a unanimous decision, the today’s melee amongst the custodian of country’s edifice would have not happened.

Another controversy is the Al-Jihad Trust Case. Former Chief Justice of Pakistan Justice Saeeduzzaman Siddiqui has also said that at no point the Al-Jihad Trust Case judgment binds the Chief Justice to recommend the Chief Justice of a high court to be elevated as judge of the Supreme Court and the Chief Justice could recommend number two or even number three senior most judge for this elevation.

Confusion in this regard has been created because of intermixing of the Al-Jihad Trust Case with Malik Asad Case by some people. In Malik Asad case, Justice Saeeduzzaman Siddiqui himself gave the verdict in 1997 that senior most judge of a high court will become the Chief Justice of that high court and senior most Judge of the Supreme Court will become the Chief Justice of Pakistan. What needed to be understood is that the seniority principle is not applied in the issue of elevation of High Court Judge to the Supreme Court.

This means that if Chief Justice recommends Justice Saqib Nisar, who is second in seniority, for elevation to the Supreme Court and ignores the Chief Justice of the same High Court, neither the Constitution nor the Al-Jihad Trust case bars him from doing so.

To release the tension in the country that doubles every second day, president of Pakistan needs to act prudently and adopt a strategy of balancing things in order to restore the harmony. If anything, challenging the apex court is as equal to showing the red reg to the bull. This is right to say: Once the Supreme Court gives a judgment after scrutinizing the constitution profoundly, it’s not open to any authority to defy or ignore it. While there is room for criticism of the judgments, there is no room for defiance.

NRO Thrashed

17 Members Bench Of Supreme Court

17 Members Bench Of Supreme Court

Since the promulgation of NRO to date, it has always been confronted by absolute majority of Pakistanis. Now it’s adjudicated by 17 members bench of Supreme Court of Pakistan, after 5 hours of long discussion in a meeting room, to ultimately drub the NRO. A host of argle-bargles had kept on brewing in at times to prove and disprove if NRO was really an ordinance to subscribe to.

The controversy has now come to an end. A long standing issue is finally settled with a strongly yearned for decision.

Today again, I’ve started believing that the ‘Doctrine of Necessity’ — that has always been a part of Judiciary in the past — is now buried deep under the ground. This is the same de facto ‘Doctrine of Necessity’ that has ruined Pakistan all the time in the past. This decision of Supreme Court is lauded by everyone by and large. Some exceptions — when ‘Jiyalas’ are concerned at this particular event — are always there.

The recent decision has opened new horizons of Justice, and that how Supreme Court will adjudicate so many cases against the so many beneficiaries of NRO. Supreme Court should adjudicate the long standing cases imminently. But there are problems with the initial velocity of the proceedings at this beginning stage against the culprits since the hierarchy begins with the name of incumbent president of Pakistan Asif Ali Zardari who’s said to be the top banana amongst the NRO beneficiaries.

The Article 248 of the constitution of Pakistan gives legal immunity to the president of Pakistan. But there’s something startling in the same constitution under the article 25 of the constitution which guarantees that every citizen is equal before the law and is entitled to the equal protection of law. The startling thing is now about to begin that no ‘reference’ has been made in the article 25 of the constitution that can disjoin or conjoin article 25 with the article 248 and vice versa. So, if anything, it has in some manner become an oxymoron. However, at different places, there are quite a number of references mentioned in the constitution just in case that it wouldn’t become double-barreled.

Whatever the case see may, but the question is simple: why a president can’t be summoned before the court?

Once, Hazrat Omar RA appeared before the court of Medina. Somebody had made a complaint against him. The judge stood up to show respect to the Caliph as he entered the court. “This is the first injustice you have done to the plaintiff,” said Omar RA, addressing the judge.

Modern democratic states have yet to reach this level of democracy. Their heads cannot be summoned before an ordinary court.

Not long since the article 248 of the constitution has been challenged in Supreme Court — the petition of which was filed by Communist Party of Pakistan — which says that the article 41 of Chinese constitution gives courts the right to summon any leader including the president of China before the court. A socialist country can summon its president, democratic countries can’t. Gee whiz!

In a wake of this donnybrook, we should be thinking that why such looters and plunderers like Zardari hasn’t been punished ever in the past. Perhaps or rather we don’t have any quick response to this question — only when the de facto ‘greatest national interest’ is concerned — yet we’ve so many responses suddenly lining up one after other once the de facto explanandum is snubbed from the mainstream politics of Pakistan. One big response would be the uncontrolled state of accountability which, to all appearances, is now attempting to get back on the track.

The journey to provide justice to Pakistan — by Supreme Court judges restored after 2 years of interminable efforts and exertion of awaam — hasn’t finished after the annulment of NRO. The rejoicing is effective at the moment, but subject to change depending upon the performance of Judiciary in future, as I’ve an urge to remind this again and once again. Supreme Court must again prove its commitment to the Justice by rendering the Justice — again, in a manner which gives evidence about Justice. Justice is all we need.

This is for the genuine beneficiaries of NRO: for how long could you save yourself now? Your time’s up.

Tribute to Amina Masood Janjua

Missing Person & Awaited Justice

Missing Persons & Awaited Justice

Whenever her name comes in my mind, whenever I thought of Missing Persons, tears streamed down my eyes. Amina Masood Janjua — wife of one missing person Masood Ahmed Janjua and Chairperson Defence of Human Rights Pakistan — is struggling for the missing persons in Pakistan. She has endlessly and doggedly strived hard for the Missing Persons of Pakistan who were nabbed by Pakistani Intelligence Agencies in collaboration of United States of America — our best ally.

The case of Missing Persons was petitioned in Supreme Court of Pakistan in veteran president General Musharraf’s era and justice was highly foreseen, but during that time Musharraf took the phenomenally outstanding performance of SC as his insult — as the decisions of SC were going against the idiotic moves of Musharraf’s government — so he imposed emergency in Pakistan and purged the Chief Justice of Pakistan and put him under house arrest. The hope of getting justice was vanished.

Now since the time Judiciary has been restored back and Chief Justice of Pakistan Iftikhar Muhammad Chaudhry is reinstated, the case on Missing Persons wasn’t heard in SC for long, or rather SC didn’t take any serious notice, until last month a protest outside the Supreme Court led by Amina Masood Janjua against inaction on the issue of Missing Persons drew the ire of Chief Justice Iftikhar Muhammad Chaudhry who then ordered the interior secretary to submit a report about the missing persons.

Amina Masood Janjua’s entrance in the red zone, and camping in front of the Supreme Court, made Chief Justice of Pakistan take the notice of the protest; hence, the longstanding case of Missing Persons was reopened again.

Interior Ministry says that it’s doing hectic efforts to trace the Missing Persons and 241 people had been traced while 175 are still untraced. Where are the untraced ones isn’t an inconspicuous and covert thing. Veteran president General Pervez Musharraf sold them to CIA. In the words of one of my American friend Prudence: YES! I have heard of the innocent Pakistani people nabbed by the CIA. It is my understanding that your President Musharraf took advantage of the widespread paranoia after 9/11 and got rid of most of his political “enemies” by literally selling them for around $20,000 each to the CIA for rendition purposes.

People from the US — the state government that’s committing heinous crimes — are ready to accept the fundamental reality and truth, but ineptly many of the Pakistani people — the victim nation of such atrocities — are even now not having sufficient strength to realize and acknowledge some of the evilness of the so-called best leaders.

On 23rd November 2009, all the cases of the “Missing Loved Ones” were fixed for hearing in CJP’s Court room number 1.

On the eve of recent Eid-ul-Azha 2009, 5 Missing Persons have returned back home safely after Supreme Court’s interference.

It’s yet sad that none of the prominent political party beefed up the cause of Amina Masood Janjua — which is after all a cause of our country Pakistan. The self-righteous and double-tongued political leaders and their respective parties are always up for power, but often not for powerless people to emancipate them.

The edgy yet high-mettled activist Amina Masood Janjua’s efforts will never run out InshaAllah. May Allah help her and all of us in this cause. Ameen.

It’s again a high time for us to at least understand and decry the bad side of our shameful leaders and advocate the cause of Amina — a cause to help her get the justice to the Missing Persons and their families — and a cause to render Pakistan the services it has always sought for. I ask judiciary an additional time, are you listening?

Haunted NRO

NRO & Supreme Court

NRO & Supreme Court

Body Politics of Pakistan needs no definition for diligently alert and watchful people of Pakistan. The others who are affiliated to respective political parties are quite cantankerous to accept any kind of blame on their political parties. And when the question arises that who looted and still looting the nation — interestingly and engrossingly everyone becomes so innocent that they start calling Rooti as Choochi. Not so good, but still worthy enough of causing shame. National Reconciliation Ordinance (NRO) is one such thing that has again made our leaders substantiate with evidence that either they really are infants that they call Rooti as Choochi or awaam is still in a state of infancy. Possibility of both could also be the case, by chance that it’s Pakistan.

Since the time the list of NRO beneficiaries has been made available to the general public on the directives of Prime Minister Gilani, every political party is asserting that they’re falsely accused of being the beneficiary of NRO. Some 8,041 people have benefited from NRO, out of which 34 are well known and threadbare politicians.

NRO was promulgated on the name of greatest national interest of Pakistan, but is that a way to acquit the criminals of nation without means of a decision making echelon, or without proper justice; is that the way to let go the looters of nation and maintain the status quo each time by giving immunity to the looters of nation? How can this nation progress when the nation itself is bestowing amnesty to the looters. What more disgrace it could ever be that a robber is robbing our home and we’ve set ourselves free to watch the robber and allow him to rob as much as his ability allows him. We’re too generous without principles, no?

An American friend of mine was saying: I actually wanted to write a movie about missing person from Pakistan — and show the world how messed up this whole Bush-created War on Terror has become. My husband is a screenwriter. But he told me that “nobody in Hollywood wants to make movies about the war on terror.” And I am afraid he is right. Americans just want to keep on shopping and living their lives like nothing is wrong. But, Absar, everything is wrong!

After reading her, I gave her words a second thought. Are we not doing the same thing, I ask? We’re living our lives as if nothing is wrong. Yet everything is wrong. We’re still living our lives in a phenomenal disorientation — and the macho-paranoia of saving the grace of our affiliated political parties while always treating them as superior than others. Consequentially, the looters of Pakistan are safe on account of our choice.

The Ghairat Brigade — the people of Pakistan — and the incriminated politicians are, for the most part, still reluctant to accept that they’ve never been a part of corruption; they’ve never sought illegitimate personal gain through actions such as bribery, extortion, cronyism, nepotism, patronage, graft, and embezzlement. . If none of the politician robbed the nation — and I say again, if those politicians aren’t the troublemakers — then who did? A poltergeist very likely, no? If everyone is guiltless, then we can always be skeptical about a poltergeist. People missed this fact. This could be the case when Pakistan is concerned since the blame game is a favorite political game of Pakistani politicians, political activist, and the Ghairat Brigade i.e. awaam.

National Reconciliation Ordinance bestowed the would-never-come-again opportunity to our leaders; it bestowed them a license to loot once again. The flippancy of awaam should come to an end, besides. When will the Pakistanis get relieve from the corrupt apparatus? There’s a way out of this, I can see: That’s “Justice” — our Supreme Court. The ball is in the court of our judiciary and only judiciary can adjudicate the fate of the looters of the nation. We’ve strived hard for the freedom of judiciary for this day — to see the justice. Justice is all we want, we want to see a new system in Pakistan while penalizing by law the looters of nation. Chief Justice of Pakistan Mr. Iftikhar Muhammad Chaudhry, are you listening?

A Taste Of One Flavor of Justice

So the cat is out of the bag, and peoples en masse — a certain group — enjoying as they’re acquitted. Jinnah Pur was an old wrangle, but not no more now — just now. The intents of this political group can be excellently judged with what they say and then what they actually do later.

Today, Mr. Altaf was blaming Nawaz Sharif for the killing of 15,000 people in Karachi. But then, a very serious question to ponder is, why at first place MQM joined Nawaz Sharif’s government back in 1997 — just to make a government in Sindh–Karachi? Again running after Power?

The operation in Karachi was started by Nawaz Sharif and was succeeded by late Benazir Bhutto and then again succeeded by Nawaz Sharif. Again, MQM demonstrated the apex hypocrisy and joined hands with Benazir Bhutto’s led government, forgetting the killing of 15,000 people — as Mr. Altaf Hussain claims. Why Mr. Altaf Hussain always forgets the brutalities he and his greedy party has faced when it comes to Power?

Why it always happens that MQM becomes an ally of every single government. Naseer Ullah Babar was one of the significant figure while PPP pursued operation against MQM. But the same MQM is an ally of Naseer Ullah Babar i.e. ally of PPP. Why one flavor of passion, hypocrisy and justice? MQM could be befriended with the ruling party, but wouldn’t be befriended with the other one they say had scathe them. Simultaneously, MQM keeps on heightening its brouhaha against the other. And when the other party comes in power, MQM forgets the brutalities and killings of 15,000 people in Karachi and becomes an ally with that party like-a-shot.

Army has been brutal against MQM during the 1992 operation — is a fact wouldn’t be denied by the person who, so ardently, claims the loss of 15,000 people of Karachi. Concurrently, the simplicity of MQM was so cute, at the same time foxy, that MQM whole-heartedly welcomed the second termed government of Nawaz Sharif in 1997 and immediately joined the coalition. Nawaz Sharif again started the operation against MQM — the intensity of which was lesser than 1992 but so many died again — and surprisingly, the 1997 operation was lead by the veteran COAS and President General Pervez Musharraf. Now came the time when General Pervez Musharraf toppled the government of Nawaz Sharif and imposed Martial Law in the country. Again, MQM whole-heartedly endorsed Martial Law and supported Musharraf’s government — the same Musharraf whose hands-on participation in 1997 operation made MQM cry over again. Why such hypocrisy? Why being two-faced? Why supporting those for your benefit whom you say had been cruel to you? If MQM is so forgiving in nature then why a selective forgiveness for Army, for PPP? — but not for Nawaz Sharif? Is that what we call the politics of principles?

If we talk about principles, it reminds me of an incident. Liaquat Ali Khan brings some scandalous letters — composition of letters between the Lady Mountbatten and Pandit Jawahar Lal Nehru — to Quaid-e-Azam. Quaid-e-Azam, the man of principles and dignity articulates in a wonderful way. He says, “History is made by the wills and wounds of millions of people – not by the letters for blackmailing purpose.” That was an howling reaction by Quaid-e-Azam.

And today what we see is a Political Structure without Principles. In today’s politics, Principles are being compromised under a pretext of “In the largest interest of nation”. Such cliches and rhetorics are so broadly and so badly a part of our system today. We don’t even ponder to change it.

In another instance, today in his sniveling speech, Mr. Altaf Hussain talked about the eradication of feudalism from Pakistan. He has been saying this so often and so incessantly, yet he and his greedy party has twice supported a government of feudals — Pakistan Peoples Party that is. It’s said that one need to be in the system to change the whole system. It’s quite concordant fact so as pragmatic. But the sheer hypocrisy is when someone under a pretext of getting inside the system to change it actually and surprisingly becomes a part of that system likewise. In the whole word, wherever the democracy works, opposition parties play their role and dissent the ruling government whenever and wherever they feel the need of doing it. But the greedy party of Mr. Altaf Hussain seems not to believe in sitting in opposition; hence every time a new government comes in Pakistan — either an Army rule or a democratic government — Mr. Altaf Hussain pursues to ally with them. The chronicle of Pakistan approbates it so obviously. People denying it would be stung by crows — that too bunch of.

Mr. Altaf Hussain, so ardently pleaded Chief Justice of Pakistan Iftikhar Muhammad Chaudhry to investigate the issue and do Justice. Why Mr. Altaf Hussain believes in one flavor of Justice? May be because selfishness has become a part of our trait and hypocrisy has become our culture. Now here, this is particularly not about MQM, it’s about the whole political culture of Pakistan. We tend to follow what goes in our benefit — so intensely and so passionately — that always we completely foroget our guilts, yet don’t even bother to contrite on it.

So same is the case with Mr. Altaf Hussain and his greedy political party. The justice they tend to seek is a selective justice — a discriminatory taste of one flavor of justice. At the same time I plead the Chief Justice of Pakistan to bring forth the cases against Altaf Hussain and his greedy party. There’s a case on Mr. Altaf Hussain related to the abduction and torture of one of the serviceman Major Kaleem back in 1991. The case was heard in SHC and it yet is not res adjudicata. It should be brought forth to the Supreme Court. Altaf Hussain himself is involved in near to 200 cases and the pious fugitive doesn’t come back to Pakistan with the same fear. A person with neat intents would never be afraid of doing what is right. A person having even a wee bit of bad intent would always hesitate to iterate the truth. He would lie to the farthest degree of shame, would give numerous excuses to hide the truth. It’s a human nature, likewise a universal fact.

We also have witnessed many of the heinous activities of MQM. The recennt ones includes a killing spree of Pashtuns in Karachi — the ethnic riots were booming till last year and the source of it was the fake propaganda of Talibanization by MQM. Altaf Hussain said he’s suspicious of the presence of 400,000 Talibans in Karachi. Where did they come from, only God knows. May be they came down on the land of Karachi via parachutes. Such a hyped propaganda it was that lead to the killing of so many Pakhtuns and later making it an ethnic war — Pashtun vs MQM–Muhajirs. And what actually happened then? Blood was spilling in Pakistan in the streets of Karachi once again. The tension soared up in Pakistan — not just Karachi.

12 May is one another controversy MQM is being convoluted in so genuinely and the case is now under the Supreme Court of Pakistan. Why MQM is so much galumphing around is now out of my understanding — when MQM knows they have a poor history — a history of a political party started on the basis of language and still sings on the basis of that language too often. The great leader, Quaid-e-Azam, died while declaring Urdu as a National Language of Pakistan with a hope that this new language would homogenize the various ethnic and cultural groups within the newly born nation; and today, unfortunately and so shamefully, people do politics on the basis of that national language. A normal person instead of us would’ve died with shame today, had he realized what Pakistan is today. But we, Pakistanis, are on the verge of high standard of shamefulness, yet we don’t feel anything. We don’t have the thing that is called shame. It’s sold — traded; for what, that is still unknown.

The only and solely point of strong dissent in this whole episode of cat getting out of the bag is — why on earth MQM seeks to taste one flavor of justice from Supreme Court. Why afraid to talk and taste another flavor of justice? Why MQM calls itself a party based on saints, whereas the hypocrisy of MQM is an open book — a book whose every page warrants boldly that rules and principles are happily compromised for power-ship.

Mr. Altaf Hussain and his greedy political party couldn’t stand on their words and manifestos, yet they claim themselves doing neat politics — the politics of Principles as they say.

I wonder why millions of Muslims used to follow Jinnah. When Jinnah used to do a public speech — in English — there used to be hundreds of thousands of people in the congregation and a good majority of them were those who didn’t use to understand English, but they used to trust and rely on Jinnah to an utmost extent that they would chant along with him “Pakistan Zindabad”, without knowing and comprehending what actually he’s orating. There was a huge trust, there was a confidence people had on him and they definitely weren’t wrong.

Reminds me of Bhutto too who won all the 88 seats from West Pakistan in the Elections. People had faith on him.

And today? Every political party claiming themselves to be the most righteous one. MQM calls itself it too, PPP calls itself too, PML-N calls itself too, PTI calls itself too, ANP calls itself too. Who’s right? Right is the one who belongs to my ethnic group. The rest all others are evil. I’d rather slain them if they don’t accept me and my party’s manifesto. Hail my ethnicity. Jeye Muhajir, Jeye Sindhi, Jeye Pashtun, Jeye Balochi etc. Pick the one which that represents your group and let’s chant — Jeye ….

Ye woh qoum hai jo apney aap ko dhoka deti hai or us key leye apney aap se hi jhoot bolti hai.