Innocency Or Hypocrisy?

Of late, I came across the views of many people who don’t like to see or hear even a single word against the dear me dear intelligence agencies of Pakistan and Pakistan Army, simultaneously they’re also endorsing the cause of Dr. Aafia Siddiqui and are pretty much browned-off since the verdict has been announced.

In May 2004, the then Interior Minister of Pakistan acknowledged that Dr. Aafia Siddiqui was abducted from Karachi by Pakistani security agencies — that automatically held former president General Musharraf accountable for her miseries by the way.

All I’m unable to understand is the tantrum of those people who are ‘never’ ready to hear a single word against ISI or Pakistan Army, despite the fact that their own responses are no less than the oxymoron — supporting Dr. Aafia on one side and on the other hand supporting those as well who’re actually responsible for Dr. Aafia’s miseries.

What should we call it: a hypocrisy or an innocency?

PS: I say, please, at least denounce the bad moves — be it coming from any one.

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?

Doctrine of necessity — a portal to Martial Law?

Doctrine of Necessity

We often hear about this term “Doctrine of Necessity”. I was just getting surpassingly curious to learn the nomenclature. What I found is something to learn how a martial law can be validated by Supreme Courts.

In 1954 – just seven years after the creation of Pakistan – Governor General Ghulam Mohammad dissolved the first constitutional assembly and the Government of Prime Minister Khawja Nazim Uddin. The President of the assembly, Moulvi Tamiz Uddin, challenged him in the Sindh High Court and won. Hence, the dissolution was held to be illegal and unconstitutional. On appeal to the Chief Court of Pakistan, which was later renamed as the Supreme Court of Pakistan, Chief Justice Munir gave a final verdict in favor of the Governor General. The basis for his decision was the “Doctrine of necessity”, meaning that – to preserve the country – the constitution had to be abandoned.

Ohh yes, Pakistan has a history of repeating the phenomena. This Doctrine of necessity was repeated again when in 1958, Field Marshal Ayub Khan imposed a Martial Law in Pakistan – dissolving all the assemblies (national and provincial) – and abrogated the 1953 constitution. This Martial Law was challenged in Supreme Court of Pakistan, but thanks to our Judges who made use of “Doctrine of Necessity” again and put the nation under another Martial Law by validating it. The dictator, Ayub Khan, ruled 11 years.

I’ve heard of a proverb “To stumble against the same rock twice is a proverbial disgrace”. This proverb was disgraced one again when in 1977 General Zia ul Haq imposed another Martial Law and abrogated the 1973 constitution which was unanimously approved by all Pakistani political parties of that time. Nusrat Bhutto (Mother of Benazir Bhutto) filed a suit against the coup – but obviously the doctrine of necessity sparked and Zia ul Haq’s coup was validated. Thanks to Supreme Court and the then Judges.

In 1999, General Pervez Musharraf also disgraced the same proverb by imposing Martial Law in Pakistan overthrowing Nawaz Sharif’s government – and abrogating 1973 constitution. Zafar Ali Shah (MP from PPP) challenged the coup in Supreme Court of Pakistan, but same doctrine of necessity twinkled hence validating the coup of General Pervez Musharraf.

It’s also said that whenever Pakistan’s top judges including the Chief Justices of Pakistan have been faced with such critical situation on the constitution or military rule, they have gone to the door of General Headquarters in order to be told what to iterate in the Supreme Court. The iteration always remained persistent, and its genesis has always been associated with this strange idea known as the “doctrine of necessity”.

A day before Supreme Court had to give a final verdict whether to sentence General Musharraf or validate it – Chief Justice Saeeduzzaman Siddiqui went to GHQ for a briefing. The next day, yes of course, the same doctrine of necessity was used and the coup was upheld. Moreover, giving military dictator some extra powers along with the amendment of 1973 constitution.

It’s also reported by one of the retired judge of Supreme Court who also served as a Chief Justice of Sindh High Court – that when the Supreme Court judges went to take their oath of office under the new military government in 2000, they were presented with empty pieces of paper from which to read. The then CJ Saeeduzzaman Siddiqui was the one to boost the judges: Hey, hurry up – we’ve to save the country so take the Oath.

Since Chief Justice Munir sacrificed constitutional law, the judiciary of Pakistan has been forced into a role not as the arbiter of justice but as the defender of the armed forces – to welcome them as the custodian of President House rather than guarding the borders. Had CJ Munir not breached the responsibilities he was delegated to – on the name of “Doctrine of Necessity”, we would not have been facing any Martial Laws in all these 62 years after Independence.

Youm-e-Iftikhar — The victory of Justice

Freedom of Judiciary!!

As the Aristotle said:

Moral excellence comes about as a result of habit. We become just by doing just acts, temperate by doing temperate acts, brave by doing brave acts.

16th March 2009 — has become a red-letter day in the history of Pakistan. The day is marked with the great fortune for Pakistan when the Nation witnessed the Independence of Judiciary in the form of restoration of deposed Judges including the Chief Justice of Supreme Court — ousted during the dictatorial regime of General Pervez Musharraf on 3rd November 2007. After more than two long years and the interminable endeavors of Lawyers — resulted in the reinstatement of Judges — has made Pakistanis enthralled and turned their caprice to begin with a new future of nation with more devotion and optimism.

1400 years back, there was a society where rich and poor, friend or foe, Muslim or Non-Muslim, the rule and the ruled — all were treated equally. Each of them would count on Judiciary. The management was strong — and the Justice was satisfactory enough. Then a downfall of Justice occurred. Even during this downfall we saw some of the precedents which entails that the Justice on the land of Allah wasn’t yet obliterated completely. Once, when British used to rule over sub-continent, a dispute of some land arose between Muslims and Hindus. Hindus laid a claim that the land belonged to a temple while Muslims laid a claim that the land belonged to a Mosque. Both the groups were trying to be eminent in claims and prove their due rights. The British Judge was bewildered and confused to announce the final result so he asked both the groups if they could accept the testimony of a third person who’s known as pious amongst both the groups. The third person was a Muslim. The entire Muslim community urged him to help them win the case by giving a testimony in favor of them. The pious man would never do so. He briefly reviewed the case and gave a final proclamation in favor of Hindus.

That’s the Justice we need today and for the same Justice — today, we see Pakistan with a different aspect. Long before — 61 years back when this Nation got independence and till to-date — it has always fought for the Independence of Judiciary. Lawyers have given so much of the sacrifices to acquire the independence of this grand institution. Not only Lawyers, the civilians of Pakistan have sacrificed majorly and fought considerably for this great cause. The supporters during the Lawyers Movement were aimed by violence and vehemency, the brutality and cruelty, apprehended and jailed, and what not. Yet these things never derailed the aim of the supporters of this great cause, and they brave out such difficulties. At this phase, I feel like quoting Allama Iqbal — One of the verse from the conversation between Hazrat Jibrael AS and Ibless: Kar gaya sarmast mujh ko toot kar mera saboo — Which means: The loss I have suffered, has increased my passion more. I feel it’s the same example conformed to the Lawyers Movement. They were duped, they rose. They were suppressed, they rose. They were beaten yet they rose again. Their aim was one, their vision was clear, their demands were long promised, their support was bulky. The verge of loosing was never near to them — in fact it can never be. They had the blessings of “Justice” which always win ultimately. And finally they won. They set upped example — example of dedication to the truth and a valor.

The Nation has great hopes from them. The clouds of despair were rising above the country, the hopes were near to forlorn — but now people are greatly optimistic to see a spectacular change. Now this change can’t come overnight. But sure, the change is on it’s way now. It has started from 16th of March 2009. We’ll see this change in a time to come – InshaAllah.

As Allama Iqbal said:

Zamaney key andaaz badley gae;
Naya raag hai saaz badley gae

The Fashions of the age turn round,
From new tuned strings, new harmonies sound

The new tuned strings and the new harmonies that will sound will be good enough to live with – InshaAllah!!

Pakistan Zindabad!! Long live Islamic Republic of Pakistan!!