Who are Taliban? Are they coming or are they already there?
Long time back when I started writing my views on this blog, I thought I would never write on the religious and politico-religious topics. I always considered Religious political parties in Pakistan as one of the ugliest faces of Establishment , I also believed that Islam has always been a tool in the hands of establishment to divert the attention of public from their real problems. From Tehreek-e-Nizam-e-Mustafa to Tehreek-e-Nijat (1991 and 1996) I always considered establishment using “Islam” to express their hatred against politicians. I also consider the political religious debates waste of time , like those of Shariat Bill, Hadood Ordinance , “Pakistan created in the name of Islam or not”, “did Jinnah wanted an Islamic Country?” and numerous others , that you will find being discussed all the time for the past 40 years.
The Question of Taliban
However today I feel that I must write about “the Question of Taliban” , though I do still believe that just like “Tehreek-e-Nizam-e-Mustafa” and many other riots in the name of religion , the Question of Taliban will fade away in the history once ESTABLISHMENT has achieved its goals. There is no doubt it in my mind that Mullah-Military nexus is still in place and in fact in the last 14 months have gained a lot of strength.
I however want to discuss the question of Taliban from another aspect, which is not only present in Pakistan but also in the muslim populations in US , Europe and other parts of the world like China and India.
Who are Taliban
Let me first start with the question. “Who are Taliban?”, obviously the answer to this question in political terms is the group of people who ruled Afghanistan under Mullah Omer, although after the invasion of Afghanistan by US and NATO forces this group was dismantled and have been on the run for the past eight , nine years, however according to common understanding this group is regrouping itself in Quetta and Northerns Areas of Pakistan. According to the popular belief this group is gaining strength day by day in NWFP , Baluchistan and Southern Punjab. I was reading this article from Dr. Furrakh Salim who claimed that almost 11% of the Pakistan’s area is ruled by Taliban now. So the fear is that Pakistan may fall to Taliban , and Pakistan being the nuclear state , this could become the deadliest threat ever against the world’s peace since 1945.
I don’t disagree with the above explanation of the term Taliban and their threat to both Pakistan and the world’s peace. However I think there is much more to it than described above. So let me first analyse the above explanation a bit more.
That’s too superficial
So if Taliban are just that militant group who was on the run from Afghanistan , and now regrouping itself in Pakistan , than natural question is what Pakistan and NATO/US armies are doing. And the obvious answer is that Pakistan army (read ISI) is playing a double game with the US and is not sincere in rooting out Taliban from areas in Pakistan. On the other hand NATO/US armies are chasing these Taliban in the areas of Pakistan with “drones” , which causes resentment in general public of Pakistan as well as difficulties to democratic government of Pakistan.
All of this makes a lot of sense. Doesn’t it? Most of the articles , blogs, analysis I have read look at the problem as I described above. Most of the solutions are also based on above reasoning and include iron hand dealing with Taliban or negotiation with Taliban.
As I said , though partially agreeing with above reasoning I think that it is just very superficial understanding of the much larger problem.
Taliban are Everywhere
So let me go back to the question. “Who are Taliban?” and my answer is that Taliban are every where (in Muslim population). We can not restrict the term Taliban to “militant” group of people who are ,as the apologists of Taliban claim, the illiterate and have been stricken by injustice and poverty. Taliban are found everywhere in Muslim society, they are in our houses , they are in our streets , they are in our schools , colleges and universities , they are in our ruling class and bureaucracy. They are in our western educated elite class. They are found in the Muslim societies of the Europe and United States, they are found in muslim societies of China and India , they are found in Indonesia and Malaysia , they are also found in European Turkey. I was just reading this interesting article on BBC Urdu by Abdul Haye Kakar , I wish I could write a detailed analysis of the personality of Syed Muahmmad Javed and show how you will find people everywhere in Pakistan who are Talib at night and Commissioner at office.
Rationalization of a Religion
Taliban is the outcome (albeit the worst ) of the movement in Islam for the past 200 years , that tried to “rationalize” the teaching of Quran and Hadith. We already know that rationalization of religious beliefs has always been an important topic in both philosophy and theology. However the rationalization movement in Islam was more political in nature than philosophical. In our day to day life we keep hearing the phrases like “Islam is a complete way of life” , “Islam means submitting your will to Allah” and so on. We know how Iqbal summed up all these ideas in a single verse “Juda ho deen siyasat sai tu reh jaati hai changaizi” .
جدا ھو دیں سیاست سے تو رہ جاتی ہے چنگیزی
It is not that such movement was first in the history of Islam (or for that matter history of most of the religions), there have been several such movements before. Religious thoughts in Islam have always been politicized perhaps since the first hijrah century. However it is important to understand that the scope of the 20th century movement is much wider .
Phenomenon of Taliban
The phenomenon of Taliban started taking its current shape in 80’s when out of political compulsions United States and its allies decided to support the strict interpretation of Islamic Religious Thoughts against the Communism. The slogan of “Islam is a complete way of life” became the weapon against the “Communist way of life” , at the same time use of force (Jihad) became the legitimate option to enforce the stricter code of life upon the people who would be considered as atheist in the eyes of molvis. However we must note that the battle between the implementation of Sharia Law and Moderate Islamic Law is as old as muslims themselves in Indian Sub Continent. Akbar’s “Deen-e-Elahi” and Aurengzeb’s Fatawa Alamgiri , to Jinnah’s declaration that
I do not know what the ultimate shape of this constitution is going to be, but I am sure that it will be of a democratic type, embodying the essential principle of Islam. Today, they are as applicable in actual life as they were 1,300 years ago.“
were outcome of the divergent views of muslims about Islam.
………….to be continued….
Iqbal Bano (RIP)… Sabhi Kuch hai tera dia hua
سبھی کچھ ہے تیرا دیا ہوا سبھی راحتیں سبھی کلفتیں
Pakistan Is not a Middle Eastern Arab State
I want to share the following very interesting article by Aitzaz Ahsan, which sheds some light on the thinking of people of Pakistan that has evolved over a long period of times (over thousands of years). I am also putting this in my “to-do” list to discuss my theory for poeple of Pakistan have inherent democratic sense and have deep rooted desire of justice. But for the time being let us read this very important article.
Source: http://www.thenews.com.pk/powerofno/p1.html
Some lessons of the lawyers’ movement
The Chief Justice and his independent colleagues were uprooted in November 2007. In response the lawyers spearheaded a brave and hugely popular movement. It led to the holding of elections and the ouster of General Musharraf. As a result the Chief Justice and his independent colleagues have now been reinstated.
Attitudes towards the Lawyers’ Movement have been varied. An overwhelming majority of the people have supported it. By the recent IRRI polls, as many as 83% Pakistanis wanted the CJP back. Many of those who vehemently opposed his return have had to eat their video-recorded words. However, they now claim, with some pluck, that they were always for his restoration. On the other hand the US and the West ignored the issue altogether to the point that though the Chief Justice and his school-going children were locked up inside the building of their house for five long months, none in the Bush administration uttered the faintest decibel of concern even for the children. That was perhaps on account of a mistaken perspective of Pakistan which the Lawyers’ Movement should, most likely, change.
The essential fault lay in that perspective. The Movement should disabuse everyone of the belief that Pakistan is a Middle-Eastern Arab Muslim state. This perception was formed in the 1950s when Pakistan was persuaded to tie the knot in the Baghdad Pact and today it continues with grievous consequences. The Baghdad Pact (later CENTO), was a part of the policy to encircle the Soviet Union. But the more significant aspect for us Pakistanis was that the Pact bonded Pakistan, essentially, to a set of Middle Eastern states. This was fully in line with the US perception of Pakistan as a Middle Eastern Muslim state. This is what we are not.
Pakistan is no doubt a Muslim state. But it is neither Arab nor Middle Eastern. It is a South Asian state. The implications of that have not, alas, been properly understood.
Being of South Asia, Pakistanis are wedded, besides cricket, to the idea of an independent judiciary. The Arabs have none, nor as much as a desire for it. Pakistanis cherish and embrace the concept. Even though all of them may not be aware of the actual names, they invoke, in routine, the remedies of habeas corpus, prohibition, mandamus and certiorari. They rejoiced in the CJP’s resort to these jurisdictions suo moto. South Asians aspire for due process. That is the Pakistani citizen. Anyone who underestimated the Pakistani’s urge and commitment to the concept of an independent judiciary has thus been perceived as an adversary.
There is no doubt that the South Asians also embrace democracy. And the Lawyers’ Movement had no cavil with that. We did not want to weaken the edifice of democracy or disrupt its process. We wanted in fact, the completion and consolidation of that edifice and process.
To that end it must be understood that no democratic structure is complete, nor is it sustainable without the existence of an independent judicial system peopled by fearless and independent judges. That is axiomatic. Even India and Sri-Lanka are cases in point. Democracy has been sustained in both countries, as in the US, UK and the West, by an independent and fearless judiciary. It was indeed in the democratic Government’s own interest to re-establish the independent judiciary. And that could not be done without the re-induction of the independent-minded judges with dignity and honor. That was what I was pleading all along with my Party colleagues. That is what has been conceded now.
In another aspect too, the concept of ‘democracy’ was given a narrow meaning by the opponents of the restoration. They argued that the people had voted in February last year. As a result of which a Parliament was in place. It is now time to let it do or not do its job. What is left is to wait for February 2013 for the next elections and vote the Government out.
Democracy however, does not mean the mere casting of the ballot once every five years with no enforceable rights in the intervening periods. Democracy means the complete system consisting of periodic franchise as well as enforceable rights at all times guaranteed by clean parliamentary as well as judicial processes. Bare ballot democracy must be distinguished from full constitutional democracy. This important lesson was also imparted by the Lawyers’ Movement. It was particularly necessary for another reason.
Pakistan and its neighborhood are, alas, the theater of not one but several different wars: Afghan Taliban fight against perceived NATO occupation, FATA Taliban fight the Pakistan Army in perceived sympathy with the Afghan Talibs, Swat Taliban are a social insurgency seeking to impose a medieval dogma, Sectarian terror groups (shia/sunni, or anarchic) strike at points of their choice and then there are the Kashmir-India focused militants. Finally there are also the insurgency in Baluchistan.
The secret is to find that one lowest common factor that may help in addressing all these. That factor, in my estimation, is the provision of due process and rule of law that was destroyed by General Musharraf, but has finally, after much resistance, been partially redressed by his successors.
The lowest common denominator is demonstrated in the irony that the Taliban themselves give nothing to the population they control. They do not build roads, bridges, hospitals or schools. In fact they blow all these up with impunity. They have blown up 200 schools so far and tens of bridges. What the Taliban do give is what to the mind of many locals, though not to our minds, passes as ‘justice’: even if it be rough and brutal ‘injustice’. Incredible though it is, that is the only Taliban ‘charm’ to many among the subject population. People actually petition their ‘courts’ even if these are convened in the open and under trees. It is all a question of the ‘justice system’.
Remember also that much of what is happening on the Pakistani soil is a social phenomenon that cannot be addressed with high-tech weapons alone. Nor can it be countered by cash and dole either. Nor indeed by capitulation such as the Swat deal.
It is a mind-set that has to be combated as well as changed. This challenge requires social engineering, more than military or economic responses (though these are also necessary and must be effectively and surgically undertaken with single-mined resolve). The issue is systemic and can only be countered with systemic solutions like the re-enforcements of civilian institutions. The re-installed judiciary has therefore to be respected and obeyed.
No doubt Pakistan needs to develop economically. But the restitution of the independent judges will not, at once, put an end to the load-shedding or provide jobs for all. However it is a fact, that, in the contemporary world nations do not grow on aid and dole alone. Kerry-Lugar Bill though a positive initiative, may not be a complete answer. We need private investment. And few investors venture where they fear that their contracts will not be enforced. These are the countries where the judiciary is not independent. The only exceptions, out of more than 150 investment receiving countries are China, Saudi Arabia and the UAE.
After much and costly delay an independent justice system has partially been re-installed in Pakistan. It was most urgently required. The fact that it will be presided over by a Chief Justice who has a high international profile and has been honored by such premier institutions as the American Bar Association, the NY Bar and Harvard will greatly help bring down the barriers in the way of investment provided that the Executive does not contrive to frustrate him and his judgments. That is crucial.
The earlier display of a negative attitude towards reinstatement does not bode well. The manner in which the then US and present Pakistani administrations jointly tried to underplay the CJP’s visit to the US last November was wanting in grace. He had gone there to receive Harvard law School’s Medal of Freedom previously granted only to Justice Thurgood Marshall and President Nelson Mandela. This was great news from an embattled Pakistan. It needed to be spread, celebrated and built upon particularly as it had behind it a popular sentiment in a theater of war. The Governments of both countries had an opportunity to highlight the real, moderate, liberal and enlightened face of Pakistan. Both, instead, co-operated to underplay the achievement of a distinguished Pakistani only because he was the Chief Justice a dictator had removed. Neither the Pakistani Ambassador nor any one from the State met him during his stay in the US. (He of course, did not seek any such interface). I am sure if he had been even an ordinary Indian citizen receiving such an honor the Ambassador of his country would have received him and conducted him around. This negative attitude has to be discarded.
The Chief Justice will have some challenges ahead of him. Two are particularly notable: the myriad composition of the Court and the pressure of public expectations. The first can easily be addressed on the basis of the precedent of the Supreme Court in the Al-Jehad or the Judges case (1996) as well as Article 209. The second can best be tackled by the Court in accordance with applicable law. Yet the test is of the executive: will it let and facilitate the law take its course without grudging the Chief Justice his authority to apply it? That is the real challenge.
Finally, the Lawyers’ Movement has emerged as perhaps the only progressive, moderate, democratic, non-violent, tolerant and above all plural and hugely popular movement in the entire Islamic world. It was sustained over two years despite police brutality and the cold and stench of prison floors.
The success of the lawyers has been the success of a peaceable and tolerant civil society. A success much needed in this region. It needs to be consolidated by willing and complete acceptance of this victory even by those high officials who fought them tooth and nail and only grudgingly conceded victory. Mercifully this conclusion came before the frustration of broken promises could force even this movement to concede space, won by it in the hearts and minds of the people, to the terrorist insurgent.
It is (NOT) Barbaric
I posted this comment on pakistaniat.com , in response to a comment from a fellow commentator on the same site. I would try to write a complete article on this as soon as I get the time , hopefully this weekend. It seems this discussion is very important in the current scenario in Pakistan , I was also thinking to write on the hearing of the same case by the CJ Iftikhar Muhammad Chaudary.
But meanwhile here is my take on the following comment:
What a silly discussion. THIS IS BARBARIC, even if it was practicesd a thousand years ago it shoudl not be practiced today. Can we not get that into our head!!!!
@inayat
Although it is as simple as you have described it i.e. “It is BARBARIC” , but there are many hurdles in accepting this truth. So there are three sections
1. The first group is of the people , who although in heart of their hearts may believe that it is “BARBARIC” , however it is not possible for them to accept that truth. The religious zeal demands that even if it is “BARBARIC” , if it is recommended by the religion we MUST accept it. This is very simple indeed for these people. I am not saying that such people are stone hearted, or brainless. As a matter of fact over the past few decades there have been many great scholars who have been propagating this theory to the general public on the basis of logical reasons. If you listen to contemporary scholars like Dr. Israr, Dr. Tahirul Qadri , Dr. Zakir Naik, etc.. you will find that the meaning of word “ISLAM” they would prefer is “submission to Almighty God” , over “Peace”. I was doing some comparison that how the “Submission to Allah” was slowly changed from “Peace”. So when you “submit your will to God” that means you loose the right to object any commandment from the God. I am not saying that this is only unique in religion Islam , all religions are more or less based on this principle. The question however is that whether a “seemingly Barbaric” act if prescribed the religion is acceptable or not. In the opinion of such people such acts is not only ACCEPTABLE but actually commendable as it is prescribed by the religion.
2. The second group of people is the one who sincerely thinks that such an act is “BARBARIC” because it was wrong way to execute such act. So the punishment/act in itself can not be considered as barbaric (because this is how Quran and Islam prescribed the punishment for adulterers) , it is the way “Taliban” have served the punishment (i.e. without following the due course of law) and the way it was executed (in front of public on a chowk, without any regards to sanctity of woman).
3. The third group is of the “enlightened moderated” group of people who think that even if such punishment was served thousand years back , it CAN NOT be practiced today. This is important to note however that such people are not “Kafirs” or “against Islam” however they think that there is a requirement for re-constructing the religious principles according to the modern day requirements.
I must say however that first group is in the majority looking at the comments on pakistaniat.com
My dilemma
I usually refrain writing and debating about religious matters, however I was unable to stop myself from posting this comment at http://pakistaniat.com/2009/04/03/flogging-taliban-girl-swat/comment-page-19/#comment-184864
I know it might be a little bit puzzling but it just shows how confused I am myself.
I don’t know how muslim world existed before 1977 , I don’t know how muslim countries other than Pakistan, Afghanistan, KSA and few others , exist now. Since I was born in 70’s , got my school, college education in 80’s and 90’s , here is how my brain had been hard-wired to believe in the following:
1. All the girls who shake hands with “na-mahrem” are “be-haya” and “be-sharam”… I live in Europe , my wife usually will shake hands with “na-mahrems” , although I won’t have any objections to her but somewhere in my mind I’ll have this “be-haya” and “be-sharam” thingee , I remember when I was 15-16 year old , most of my elders one generation above will talk about how General Zia’s wife might have shook hands with American President…. and they would condemn him of being hypocrite because he preached Islam, but his wife “will shake hands with ‘na-mahrem’ ” which is against Islam.
2. I am programmed to believe that all girls/women who wear half-sleeves shirts with jeans and do not take “do-patta” are shameless creatures… when I was in university in Pakistan it was in fact considered “OK” to tease (sorry for bad translation the urdu word we used was “chaiRna”) them, since there was a question mark on such girl’s character.
3. Even though spending a whole decade in West and working with “Kuffar” , every time I shake hand with a lady , I am hesitant somewhere in my mind or heart.
4. During my teens I was always told and taught by my elders “Islam is the way of life” , Saudi is still considered by my parents and my elders (one generation above me) as the heaven on earth. But when I went to Saudi to work there few years back I ran from there with my family when someone told me “if Matuawwa found that my wife is going alone with a na-mahrem, they would hand out lashes to my wife. I was also told that if a women is raped by a rapist usually both rapists and women will be meted out punishment as it would be very hard for the women to prove that she was not willing partner in the rap. Remember punishment could be anything from lashes to “stone to death”….
5. Few years back in 90’s , BB (Benazir) once talked about “barbaric” punishments , there was big hue and cry about them. I also felt disgusted that how BB can describe “Islamic” punishments as “barbaric” , the religion that is “complete way of life”…
6. I know why I am finding it hard like many others to say that handing out lashes to a young girl is “barbaric” however just like I have an internal hesitance when shaking hands with a lady but I still do, I would condemn this act as barbaric and inhuman and consider it unislamic and against the teachings of Islam, but I do believe in “Second Aya” of “Sura Noor” , I do believe in Quran and Islam as Complete way of life … but I would say this act was un-islamic.
Let me quote the most liberal of “Islamic scholars” who is considered by many other of his compatriots as “kafir”, however you would understand my dilemma when even the most “liberal” scholar of Islam find it hard to “condemn” this act.
It is the ninth letter to “Tahira”
http://www.tolueislam.com/Urdu/tkn/tkn.htm
about “Parda kay mutalliq” , I shall try to translate it in English.
At page 116 in “Tahira kay naam khatoot” , Mr. Ghulam Ahmed Pervez states that:
As a side note , in the verse of Sura Noor describe above, needs some explanation which will be beneficial. Few days back a non-muslim member of the assembly objected that you want to implement a Quranic system in which punishment for fornication is 100 lashes. On this our apologist muslim members were so embarrassed that if it were in their control they would have thrown out (maazallah ) the verse about this “BARBARIC” punishment from Quran. And then have told the critics triumphantly that they were things of past , in the new edition of Quran there is no such verse of the dark ages. But this was not possible for these poor souls , therefore they came up with the excuse that Quran has put the condition of 4 witness who saw the crime with their own eyes and since nobody even does a lawful sexual act in front of any body let alone an unlawful act. So therefore the crime of fornication can never be proved against anyone therefore there won’t any “barbaric” punishment for them. With this logic our muslim members were very happy that they have saved Quran from a big objection.
Please excuse my bad translation.
Over the last couple of day I have several blogs , watched a lot of tv talk shows , listened to the scholars and I feel sorry for Adil Najam who said
There are those who will try to make this a story about what Pakistan or Islam is. Such bigoted approaches are to be resisted. This is not a story about what Pakistan is. This is clearly not about what Islam is. This is a story about what the enemies of Islam and enemies of Pakistan are doing.
Because for some enemies of Islam are the “Taliban” who meted out punishment to the poor girl and for others enemies of Islam are the one who “released” this video and using this video to prove Islam as “Barbaric” religion 
….
Would Adil Najam help me which enemies of Islam he is talking about?
Part 1: PCO Judges .. “faithless, law breakers and dishonest” … but We are not!!!!
Preface
Couple of years back I wrote “Contradictory judement on the book of contridiction” , today I bring to you most amazing judgment in the world’s judicial history. Normally a judgment is written by a “Judge” , either convicting or exonerating the “accused” from the charges brought against the accused. This is the first judgment in the world’s judicial history where an accused “writes” “judgment” to exonerate himself from the charges ranging from “accusation of bias” , “breaking of law” , “dishonesty” and the “faithlessness” by not only the so-called “accused” , but also by the “learned counsels” and the “whole nation”.
Before talking in detail about this judgement , let me first highlight certain very interesting and amazing points in the judgement.
1. We should note that this “judgment” is not on the appeal of an “accused” against his/her “conviction” by the lower courts. In fact appeal was filed by the “opponents” in response to their acquittal from the charges at three different levels of judiciary. First Sharif brother’s papers were accepted by a “Returning officer” (a judge of the lower court) , then in the High Court one (out of the two) “PCO Judge” (I shall come to this one “PCO judge” later) again acquitted them from the charges from their opponent, then another “PCO CEC” decided in favor of them by allowing them to contest the elections. Hence these “PCO Judges” were not re-affirming the decision of any previous court , instead they gave the opposite of what ALL the previous courts have held.
2. It is not that such situation can not occur in the judicial course, in fact the charge of “biasness” is quite common , and this has been discussed in this “judgment” as well. There is a legal maxim that “Court should not only do justice but they should be seen by the people to be doing justice” , We know that most of the judges are “honest” , “fair” and “trustworthy” , therefore they will give a “fair” judgment. However it is well established truth that “in-camera” proceedings of a case are not considered appropriate unless both parties agree and their is a very valid reason. One can say that if the judges are “fair, honest and trustworthy” then weather they hold the court “in-camera” or “in public”, outcome of the case will not be affected. But better let me refer to a keynote address by the real judge about “the principle of Open Justice”, ..“Seen to be Done: The Principle of Open Justice“
3. It is also pertinent to note that based on the accusations against the judges there could have been three possible outcomes of this.
a) The “PCO Judges” could have refused to sit on the bench as plead by the learned counsels.
b) The “PCO Judges” could have remained in the bench and then decided in favor of the Sharif brothers like the “One PCO Judge” in the high court.
c) The current outcome in which defiant “PCO Judges” “BRAVELY” gave the decision on the “TRUE MERITS” of the case.
I’ll quote later the interesting remarks and quotes from the said judgment about the “TRUE MERITS” and “Fairness” and “Honesty” , but one can easily guess that how easy it would have been for these judges to base their decision on “TRUE MERITS” of the case , when the judges at three level could not do so.
Well it was a long opening paragraph, but let me jump directly to the review of this judgment.
RECUSAL
This is perhaps the most “interesting” (I am avoiding the use of words like “absurd”, “redicuilous” etc. etc.) defense of recusal. For those who want to learn more about recusal (Judicial Disqualification) , please refer to this wikipedia article http://en.wikipedia.org/wiki/Recusal
So how a “PCO” Judge defends the argument of Recusal. Let us see. I will just quote few paragraphs from the judgment. (Emphasis is mine).
1. Quran to the rescue :
“Therefore, if they come to you with their cases, you may judge
between them or refuse to do so. Even if you refuse, they will
not be able to harm you the least, but if you do act as a judge,
judge between them with fairness, for Allah loves those who
judge with fairness.”
See how “PCO” judges try to use this in their favor.
22. From the above Quranic Verse, it is the will, wish and
choice of the judge to accept the case for imparting justice
between the parties or to recuse himself from adjudicating the
dispute.
23. From this verse, a litigant has not been granted a
right to ask the judge to recuse himself. In a given case, it is the
option of the judge to entertain it or to decline its admission with
himself to administer justice between the parties of that case. If a
litigant does not feel justice to be done from a judge, he must not
place his case before the Judge. When the case is placed before a
judge by a litigant, thereafter the litigant cannot ask the judge to
recuse himself. The presentation of a case for decision before a
judge presupposes that he believes the judge able in all respect to
deliver justice. It would be contemptuous act of a litigant to
present his case for adjudication and then ask the judge to
decline to decide it. When a case is proffered before a judge, in
that event, the right to ask the judge to recuse himself is lost by
the litigant because he has already accepted his authority, valid
appointment, competency to administer justice, and with the
belief of his independence. He is presupposed to have believed
the judge to be a judge a person of integrity.
Wow… look how “PCO” Juges prove the definition of the word “PCO” (I’ll explain it below). First of all according to the verse “if they come to you” , and “litigant” never came to the “PCO Judges” , and that was the whole point of the case that “litigant” is not coming to the judges for the justice. Then as the PCO judge himself said “If a litigant does not feel justice to be done from a judge, he must not place his case before the Judge” , they (Sharif brothers) did not place their case before the PCO judges. The case was placed before them by third parties, but the decision came against the “accused” who were not even present in the case. Yes that’s how PCO judge dispense justice.
Not only that PCO judge himself writes in the judgment , I quote
15. It is interesting to note that Mian Muhammad Nawaz Sharif,
in whole of the proceedings during the hearing of election
petitions, petition filed under section 14(5-A) of the Act, Writ
Petitions in the High Court and CPLAs, thereafter in this Court has
not appeared to defend his qualifications and disqualifications,
allegations and incriminating attributions, levelled against him by
his contesting candidates in the election. From the above noted
narration, an inference is easily deducible that Mian Muhammad
Nawaz Sharif has either got nothing to say in his defence or is shy
of and nervous to face the case and its consequence or does not
want to become a candidate, after the submission of nomination
papers in the by-election, otherwise he would have contested the
stigma of disqualification ascribed and attributed to him
So PCO judge admits that Mian Muhammad Nawaz Sharif never appeared in this court. And the Quranic verse clearly states that “if they come to you” , the “honesty” of the PCO judges does not stop here , he goes on to infere that Mian Nawaz Sharif has “nothing to say in his defence” , or “is shy of and nervous to face the case” , but could not “infere” the obvious and clear that “litigant does not feel justice to be done from a judge, he must not place his case before the Judge” , and therefore he does not want to place his case before the judge.
2. Conspiracy against the judges whose honesty MIGHT BE above board:
The amazement does not stop anywhere in the judgment so PCO judge writes. Read this paragraph (but don’t laugh , its a judgment)
18. In fact, it is a conspiracy of highest and gravest nature
which has been hatched up by some vested interests, to destroy
the whole judicial fabric of this highest judicial institution of this
country, for their own interest and purpose. It is being bred so as
to get appointed judges of their own choice and interest, in the
offices of judges of superior courts, by eliminating out the present
judges even whose impartiality and honesty might be above
board. This rule of politics, to divide and rule is being played and
brought into this realm of judicial institution, so as to cause
disturbance into peaceful, harmonious working and smooth
running of this Institution, by raising prejudices and differences
amongst the Judges, by procreating two factions in the judiciary,
which is most harmful and sinful act, plea, stand and stance of
the petitioners. All the Judges sitting in this Court are equal,
respectful and revered and brother Judges, amongst whom no
distinction and discrimination of belonging to one or the other
group can be allowed and permitted by any of the Judges of this
Court to be made and raised at this stage and thereafter. All the
Judges having taken oath under the present Constitution, a few of
them cannot be given preference by the petitioners or their
counsel over or against the others. On this basis, unity amongst
the Judges has been attempted to be tarnished and torn into
pieces through these baseless, frivolous and unfounded premises
particularly when it has already been ruled out by the Seven
Hon’ble Judges of this Court in Tikka Iqbal Muhammad Khan’s
case (PLD 2008 S.C. 178) and thereafter by 17 Judges of this
Court in review jurisdiction, and the actions taken against the
judiciary are to be considered a past and closed transaction. It is
worth-mentioning that judgment in Tikka Iqbal Muhammad
Khan’s case was never disputed or challenged by these
petitioners, through any review petition. It does not now lie in their
mouth through these petitions to criticize the above noted
judgment of Tikka Iqbal Muhammad Khan case, in collateral
proceedings, which have got no nexus to the merits of this case,
in respect of question of qualification and disqualification of Mian
Muhammad Nawaz Sharif. Having lost the proper opportunity of
disputing the validity and vires of that judgment of Tikka Iqbal
Muhammad case (ibid), now the petitioners cannot be permitted
to dispute or impugn the vires of that judgment, especially
through these applications. The petitioners and their learned counsel
have attempted to destroy the safe sailing of the ship of this great
judicial institution. They have tried to make a hole in the ship so
as to let it sink. The obnoxious plea raised and stand taken
requires to be deprecated by all the prudent men, women
including all stake holders interested to uphold the dignity and
independence of this judicial institution and by all the citizens of
Pakistan. It is the contempt of serious nature which cannot be
forgiven/pardoned by this Court. The petitioners who have sworn
affidavits by instructing their learned counsel through the above
arguments, addressed by their counsel, do not deserve any
leniency shown in the matter of this contumacious and
destructive arguments and the stand taken of bifurcating this
institution into two water tight compartments.
I don’t know how can one comment this paragraph , I have read many many judgments of the courts but honestly speaking I have never come across such language used by a “Judge” , the words used in this paragraph seems to be coming out of a defence lawyer who after finding no arguments in defence decides to counter attack. Let us take a detailed look at this paragraph. So according the PCO judge , “it is a conspiracy of a highest and gravest nature” , that somebody accuses a judge of “recuse” , whose impartiality and honesty MIGHT BE above board. I can’t help but smiling on the use of word “MIGHT BE“, this is first time a judges is not sure of his “impartiality and honesty”. Well indeed it shows the “honesty” of the PCO judge.
PCO Judges
This is the most interesting part of the “judgment” , so I believe this is first time an attribute with the Judges that has been accepted by a court … “PCO” Judge. We know that there are “honest” Judge, “Upright” Judge and “Fearless” Judge and now we have “PCO” judge.
1. Term PCO Judges
According to the judgment ,
“29. This term has been invented when a Provisional
Constitution Order was enforced by a brutal force, by deviating
from constitutional provisions and taking extra constitutional
steps.
Oh my God! how could I believe this , the apex court of the country giving a clear and open statement that “PCO” was enforced by a “BRUTAL FORCE” and that too “BY DEVIATING FROM CONSTITUTIONAL PROVISIONS” and “TAKING EXTRA CONSTITUTIONAL STEPS“, it is amazing (in fact mind boggling) that some times back the mad dictator himself said that “November 3rd Actions were unconstitional” , and then the Supereme Court says that the PCO was deviation from constitutional provision. We got a criminal admitting his crime and a court giving verdict he comitted the said crime and still we have the criminal out in the open.
The paragrpah number 29 in the judgment makes certain sweeping statement while defining and elaborating the term “PCO” judges , I will touch upon some of them
a) The proclamation of emergency, enforcement of
Provisional Constitution Order I of 2007 and the issuance of an
order in the form of the Oath of Office (Judges) Order, 2007, were
not enforced upon the advice of the PCO Judges.
No advice was delivered by the PCO Judges and no assistance was provided by
these Judges to the military force to do such acts.
I am not sure what assistance “PCO Judges” wanted or could have provided to the military force to do such acts. I am sure learned PCO judges does not mean by this that PCO judges “could have assissted the military force” by taking guns in their hands and sorrounded the “supreme court” and have taken the CJ IMC along with his seven brother judges to their residences and stood guard on the gates of thier residence so that they could not come out. Military force already had enough soldiers to do such acts. The only “ASSISTANCE” military forces needed from these PCO judges was that they take oath under the PCO and defy the judgement of the 7-member bench stopping them to do so.
b)In the event of refusal to take the oath, it was
expected that this judicial institution might be occupied by such
persons who had no knowledge and expertise of delivering
justice.
This is very interesting comment, “BECAUSE PEJAMISTRI DID NOT TAKE OATH AS PRESIDENT OF UNITED STATES OF AMERICA WE SEE A PERSON OCCUPYING WHITE HOUSE WITH NO KNOWLEDGE AND EXPERTISE OF RUNNING THE SOLE SUPERPOWER” Seriously though question at the time of taking oath was not that who occupies the judicial institution because as soon as a judge takes oath under the PCO against the clear judgment by the 7-member bench of the supremece court , he proves that he has no knowledge and expertise of delivering justice.
c)As pointed out by Mr. Ahmed Raza Kasuri, it were the efforts of these
PCO Judges who had tamed the jungle loin by their wisdom. The
judges, who are now being named as PCO Judges are in fact, the
saviour of judicial institution and system, the main organ of the
State and the interest of the litigant public at large
Who was the “JUNGLE LION” ahh.. I remember it is Mad Dictator. I salute the bravery and wisdom of the PCO judges who tamed the “Jungle Lion” who could not be tamed by the 160 million people of Pakistan . Thank you very much sir.
2. PCO Judges defined by A. K. Dogar : “faithless, law breakers and dishonest” :
Let me quote this paragraph , the most amusing one..
It was, therefore, a matter of two
different thoughts to achieve the same goal of saving the judicial
institution and system, for which no one can be blamed. It is a
very sorrowful state of affair that a learned counsel of such a
stature, namely Mr. A.K. Dogar has uttered these words of
“faithless, law breakers and dishonest” persons. Before arguing
the case on this premises, Mr. A.K. Dogar must have given
thought, time and again to this aspect of the case and should not
have been swayed by the street slogans and should have avoided
to utter these words even upon the instructions of his cliental,
particularly when the transitional period was got immediately
wrapped up by the efforts of these P.C.O. Judges from General
Pervaiz Musharraf. If one set of judges had stood up for upholding
the flag of independence of judiciary, the other was defending the
fort of judiciary from being intruded from the aliens to this
complexity of judicial system, although task was different but the
goal was one.
Honestly I feel pity , this is perhaps the faintest defence of a criminal when he has no defence left. It is like a murderer pleading the court that by killing he was doing the same “i.e. dispensing justice” which court wants to do now. So objective of both (criminal and the court) is the same so please have mercy on me .
BTW this is also most important statement in the judgment as it will have significant importance in the future (i.e. now) when the real judges have come in the court.
بھار آیََ تو
بھار آیََ تو جیسے یکبار
لوٹ آےَ ہیں پھر عدم سے
وہ خواب سارے ، شباب سارے
جو تیرے ھونٹوں پر مر مٹے تھے
جو مٹ کے ھر بار پھر جیے ٰ تھے
نکھر گیےَ ھیں گلاب سارے
جو تیری یادوں سے مشکبو ھیں
جو تیرے عشاق کا لہو ہیں
ابل پڑے ہیں عذاب سارے
ملال احوال دوستاں بھی
خمار آغوش مہ و شاں بھی
غبار خاطر کے باب سارے
ترے ہمارے
سوال سارے ، جواب سارے
بہار آیَ تو کھل گیےَ ہیں
نیےَ سرے سے حساب سارے
Worst Defeat of Establishment after 18th February 2008.
16th March proved to be another 18th February 2008 for the establishment. This is the worst defeat of establishment after recent worst defeat on 18th February and again this defeat is inflicted by none other than people of Pakistan. There are “political analysts” who “appreciate” the “role” of “General Pervez Ashfaq Kiyani” in “resolving” the judicial crisis, and I can not help but laugh. There are also people who think that “NRO” was the hurdle in “restoration” of “CJ IMC”.
Let me first sum up the story put by the establishment for this judicial crisis.
NRO THE HURDLE
According to the “political analysts” of the establishment, just after the 18th February 2008, Asif Zardari got scared of CJ Iftikhar Chaudary that he (IMC) will open the NRO case against him after his restoration. Asif Zardari along with his team of kitchen cabinet (Farooq Naik, Rehman Malik etc..) decided not to restore CJ IMC at any cost. From 12th of March till 16th of March everybody kept putting pressure on Asif Zardari to restore the Chief Justice but he will not because of the fear of NRO
Kiyani the Saviour
General Pervez Ashfaq Kiyani and Hillary Clinton than decided to exert pressure on Zardari with the help of Yousaf Raza Gilani and in the end General Kiyani met with Asif Zardari and told him to restore the Judiciary otherwise “THEY” (army) would “fire” him.
Army the angels
General Kiyani refused to order the army to use force against the participants of Long March. Finally Asif Zardari sccumbed to the pressure of Army and decided to restore the judiciary “without any conditions”.
Wow… fairy tale isn’t it? …. but before I show the absurdity in above arguments let me narrate wishful thinking of the “establishment” writers.
1. CJ IMC after the restoration will take the NRO as the first case. It will be the “Litmus” test of the independance of Judiciary.
2. CJ IMC will give as much tough time to Asif Zardari as he did to Mad Dictator.
So let me start the rebuttal of “establishment’s theory” by putting forward a more plausible theory.
THE REAL REASON BEHIND DISMISSAL OF CJ AND REAL HURDLE IN HIS RESTORATION
The only hurdle in the restoration of CJ Iftikhar Chaudary was military mafia of Pakistan. There were several reasons for dismissal of CJ IMC on 9th March 2007 and then on 3rd November 2007. Some of these reasons are known (Missing persons case, Steel Mills case etc…) and others are not known. But all these reasons had nothing to do with politicians of Pakistan. CJ IMC like Nawaz Sharif , Benazir and Zulfiqar Ali Bhutto refused to accept the hegemony of military mafia , and decided to stand up against them.
CJ IMC had no personal issue with Mad Dictator, that is why on the 9th of March 2007 , his meeting with mad dictator was very short only thirty minutes. Let me quote CJ IMC from Dawn on what happened on 9th of March 2007.
He said the reply angered the president. He left the room in haste along with his military secretary, COS and the prime minister, saying that others would show evidence to him.
“The meeting lasted about 30 minutes. The chiefs of the MI, ISI and IB stayed back, but they too did not show him me a single piece of evidence.”
In fact, Justice iftikhar said, no official, except the ISI chief, had any document with him.
For those who have forgotten that General Ashfaq Pervez was then Chief of ISI and he (IMC) was forced to stay by the ISI chief who also asked him to resign. It is clear that CJ IMC had no personal issues with either mad dictator or the then government (Shaukat Aziz and likes). His real issue was with the “military mafia”. Than on 2nd of November it was no other than General Ashfaq Kiyani and the 111 brigade who acted upon the orders of mad dictator to house arrest CJ IMC.
We must remember that actions like 2nd of November or even 9th of March are not taken by military mafia without a grave concern. Such actions are usually the lost resort. We know that 3rd November 2007 was as black day in the history of Pakistan as were the 4th of July 1977 and 12th of October 1999. The actions of November 3rd 2007 were against the person of Chief Justice Iftikhar Muhammad Chaudary and they were taken not by the mad dictator in his personal capacity but by the military mafia as an institution.
2. After the 18th February , PPP made government after the humiliating defeat of military mafia at the hands of People of Pakistan. However for PPP (i.e. AZ) knew that the issue of CJ IMC restoration can cost him his government. PPP had come in power after a long long time therefore never wanted an head on collission with military mafia so early. However PPP and PML-N played good cop and bad cop against the military mafia and successfully managed to kick out the mad dictator. The long march of 14th June 2008 showed the military mafia that millions of people can gather at the heart of Capital , and they can peacefully disperse, however on 15th March 2009, the millions of People may decide not to disperse. It was not Asif Zardari or PPP government who panicked on the 15th March 2008 , it was the military mafia who got panicked on that fateful night. It was not army who refused to use force against long march participants but it was the government who asked them to put a restraint. General Kiyani was not there with Asif Zardari and Yousaf Raza Gilani to ask them to restore CJ IMC , instead it was Asif Zardari and Yousaf Raza Gillani who were pressurizing him to accept the verdict of People of Pakistan. That’s why I say that this is the worst defeat of establishment after 18th of Februrary at the hands of People of Pakistan. It was the fear of millions of people participating in the long march that caused the military mafia to panic and agree to restore the Chief Justice.
Now let me quickly rip the arguments of establishment’s analysts.
1. NRO (a cause and) hurdle in restoration of Judiciary: First of all as explained above NRO was never a cause of CJ IMC dismissal on 9th of March 2007 or 3rd of November 2007. NRO never played any role on both occasions. Now let us see “Could NRO be a hurdle in restoration of judiciary”. There are two ways to look at it , first of all can NRO be declared void by a court. I was just reading today a statement by Justice (R) Wajih-ud-din that “Zardari should not be afraid of NRO as it is non-issue”. I am sure that most of the “political analysts” will be disappointed by the CJ IMC on this count. Secondly let us assume that NRO is declared void what will be the consequences of this. It can have two consequences a political and a individual. On the political front the verdict can cause as much uproar as the verdict against Sharif brothers. On the individual case , Asif Zardari would never face any consequence first because of his being president , second he was never convicted in any case.
2. General Kiyani Pressurizing AZ to restore CJ: No argument can be as much absurd as this one. It is indeed reverse. It was AZ and YRG putting pressure on Kiyani and military mafia to accept the verdict of people of Pakistan.
3. Army refused to use force: This is the most illogical argument. And I have been kept asking this question from many “intelligent” people that when they accept that the Pakistan Army is killing ( or have killed) their own people in Balochistan, in Lal Masjid or in Swat/Bangladesh (by the way it sums all three groups of “intellectuals” in Pakistan , i.e. 1. Liberals (who believe that army is killing people in Balochistan and have nexus with Mullahs) , 2. Rightist who believe that army has killed innocent little girls in Lal Masjid. 3. Moderates who think that army is unnecessarily using force in Swat and unnecessarily used force in Bangladesh) …… so everybody believing that army does not hesitate to use force against its own people. But they find it so easy to accept that army “refused” to use force against people of Pakistan .
Finally I can not help but smile when people think that “Litmus” test for the independent judiciary is “NRO” , there are people who know what is the litmus test and why CJ was not being restored…. ahh…. my mad dictator don’t just run away…
Political Forces Winning….. CJ IMC restored by the PPP govt.
یونہی ھمیشہ کھلاے ہیں ھم نے آگ میں پھول
نہ ان کی ھار نی ھے نہ اپنی جیت نیی
I am writing this hours before the announcement by the Prime Minister Yousaf Raza Gilani, I was just hearing Mazhar Abbas talking about developments in Sind. Things will get ugly in Sind, MQM knows PPP has a lot of score to settle with them. But the million dollar question is can political forces settle the scores with Army/Establishment? ….. but let us leave aside any passimism at this jubiliant night in history of Pakistan…….
Every Expression of People’s will is against the establishment
One thing I have learnt in politics of Pakistan is that , every expression of spirited will of people is always against the establishment of Pakistan. There has always been a difference between expression of people of Pakistan and rent-a-crowd meetings by the establishment. Today what we are seeing in Lahore is same what we saw in Karachi on 18th October 2007. One can compare these massive and highly sipirited people with the rent-a-crowd of Pervez Musharraf , or the violent crowds of “Tahreek-e-Nizam-Mustafa” and see the difference.
This is for the first time in the history of Pakistan that PPP is standing at the wrong side of court. There is no doubt that this is the political battle between the two political parties unfortunately however in the absence of BB, Nawaz Sharif is just too good for PPP , for the first time again in the history of Pakistan PPP has to rely on the support of “Power of Gun” (the Fox) insead of the people of Pakistan. It reminds me 1991 , when BB being chanllenged by the Chief Minister of Punjab Nawaz Sharif (with Army on his back) , refused to accept conditions from establishment to keep ruling the country. Can Asif Zardari do the same ?
Let us make few things very clear , There is no question that army feels pretty much secure from several fronts in the current situation.
1. They have successfully made amends with the disgruntled jihadi mullahs and MMA (Mullah Military Alliance) is now as solid as it was during the hay days of 80’s. By making Mad Dictator as an escape goat, and giving the ample share to muallahs from the booty from USA/NATO money , they feel absolutely secure on this front. Just look at the year 2007 and early 2008 when they were under furious attack from the jihadi mullahs even in SSG headquarters and ISI head quarters.
2. It is amazing when the so-called political analysts talk about NRO as only hurdle in restoration of Judiciary specially CJ Iftikhar Chaudary, conveniently ignoring the real reasons for the dismissal of CJ IMC on both 9th of March 2007 and 3rd November 2007, the establishment paid agents in media are now the most vocal of restoration judiciary. There is no question that all the reasons that were applicable on 9th of March 2007 are still applicable , it was not Musharraf who had any issues with CJ IMC on 9th of March 2007 , nor it was Asif Zardari who had NRO problem on 9th of March 2007 , it was Pakistan Army who had issues with CJ IMC , it was the military mafia who had problems with the brave judge. The military mafia is still there , they are as corrupt and tyrant as they were then. The military mafia is not changed , good news however is that CJ IMC has not changed either.
…. to be continued…
Long March 2008 vs Long March 2009 and the Fox
Not very long ago I declared 14th June 2008 as the 23rd March of 21st century. It was due to the fact that on 14th of June 2008 , people from all over Pakistan peacefully assembled in the heart of capital defying the fears of establishment stooges and the myths of establishment. The long march of 2008 had a lot of parallels with the 23rd of March 1940, but the most important aspect of this march was the peaceful assembly in the capital. I was exteremely excited during the long march of 14th June , people from Karachi to Multan and then travelling through Punjab and NWFP they reached Rawalpindi, the leadership of Long March was in the hands of people like Aitzaz Ahsan and Munir A Malik , political temperature between the two political arch rivals ( Nawaz Sharif and Asif Zardari) was very cold and the long march objective was very clear and peaceful i.e. Millions of people assembling in the heart of Capital and showing the world what they want.
Long March 2009 is similar in nature and its objectives. The only difference is that of the proverbial fox exploiting the genuine and natural political differences between the two major parties. I earlier wrote that why is it so that democracy is always considered a glasshouse which can always be broken by a single throw of the stone. What if millions of people march towards the Islamabad in order to snatch their basic rights from the rulers , what if the ruthless rulers try to stop them by use of force , what if the fight for the rights of people is fought in the streets of Islamabad , it is the people of Pakistan who are fighting. They do not need any “Messiah” having the gun in his hands to get them their rights. The people of Pakistan know how to defend themselves and their rights. We don’t need any self righteous messiah helping us in achieving our goals.
Is Democrary a glasshouse and Dictatorship a King’s castle?
It is amusing reading and hearing the so-called analysts on the current political developments in Punjab. I actually believe that most of these “political and defence analysts” are nothing but establishment’s agents against democracy.
In the last article I said that there is nothing wrong with the political maneuvers by both parties in order to gain more space. Asif Zardari tried to take the advantage of the DOGar court’s decision to get a PPP government in Punjab, and Nawaz Sharif making sure (by taking the people to street) that Asif Zardari “PAY THE RIGHT PRICE” for his “inexperience”. Now these are simple political moves by two politicians , part and parcel of democracy (We can write 100’s pages of articles why these agitation SOMETIMES turn violent in SOUTH ASIA, why some youth would like to smash the ATM machines or why some middle aged middle class men would try to burn the cars…. all this happens in South Asia not only Pakistan but in Bangla Desh , Nepal , Sri Lanka and India yes India “the largest democracy in the world”).
As I said problem is not with “Zardari’s DICTATORSHIP” to overthrow Shehbaz Sharif’s government in Punjab , neither is there any problem with “the politics of agitation” of Sharif’s brothers. Problem is with the establishment (military mafia) in Pakistan , which is not only waiting like a cunning fox to overthrow the democratic governments of both Center and Punjab but also sowing the seeds of hatred amongst different sections of society. The “analysts” of establishment are working overtime these days to prove how “politicians are incapable of ruling the country“.
I will pick only two examples from the media (I am deliberately not picking the examples of KNOWN establishment’s writers , but the ones who are considered “Democrats” and “Liberals”).
The first example is of a so called “analyst” cum compere Talat Hussain (these days he is on Aaj TV) , in the recent episode of “Live with Talat” on 26th February. During the program he said :
If a dictator decides to impose martial law now than it will be the faults of these politicians.
No Sir , it will always be the fault of the dictator , his lust for power and his naked agression against the people of Pakistan.
Second example is more interesting it is from “DR.” Hassan Askari ’s article in “The Daily Times” , this one is full of establishment’s myths about democracy. Let me share with you few of his quotes.
Pakistan’s current transition to democracy cannot succeed without active cooperation between the PPP and the PMLN within the constitutional framework.
Time is fast running out for the PPP and the PMLN.
This strategy may create a situation where democracy suffers a major setback and both the PPP and the PMLN lose.
Now tell me why “democracy can not succeed” , why “time is fast running out” , and what “major setback democracy can suffer” , Dear Dr. you can not make democracy succeed by putting gun on the heads of politicians and ask them to play according to the rules using the terms like “constitutional framework” that sounds to good to ear. And remember whenever a dictator overthrows democracy it is only HIS FAULT , and no fault of any politician or people of Pakistan.
The Battle is still on — Establishment is on the Offensive
Few months back I wrote an article on pkpolitics.com with the title “The Battle is On — Political Forces are on the Offensive” , let me quote a paragraph from the article
However despite all the defeats currently establishment is experiencing, one thing thing they are happy about is they are back in the position which suits them most. Although they are still struggling to get out of the woods specially with regards to BB’s murder , loss of control over the funds and perhaps in future some sort of prosecution, yet they are very happy to have been spared by the disgruntled jihadi elements as well as agencies getting back to their original business of spying on politician, running propaganda machinery and remain faceless.
The most important aspect of the offensive by the political forces was their lesson learnt in the past and being comrade in arms against the military mafia of Pakistan. At the same time the most important aspect of the “defense” of “establishment” was their faceless position and vulnerability of PPP being in the power. After the death of Benazir Bhutto , establishment knew that they are now dealing with a inexperienced and immature commander-in-chief leading the democratic forces in the face of Zardari. The tables have therefore been turned now and “The Battle is still on — Establishment is on the Offensive” , I however would like to talk about the recent happenings in the Punjab and establishment’s propaganda and strategy to use them against the politicians and democratic forces.
First of all let me take a look at the happenings in Pakistan (particularly in Punjab) in the context of realpolitik.
1. PPP vs PML-N : One thing I find particularly amusing is the myth that democracy means consensus of opinion , this myth is propagated by the establishment’s “philosophers” using the phrases and words like “ideology of Pakistan”, “Higher national interest” and “danger to the very existence of Pakistan”. The reality is that democracy is about “difference of opinion” and two party system where two major parties represent the two diverging views and will of the people is usually a better democracy. In Pakistan during the 90’s we evolved into a two party system and were in an excellent democratic condition in 1999 when a right wing party was in full majority to implement it’s agenda , the elections in 2008 showed that potentially after 8 or 10 years of rule by PML-N (centre-right ) there was great opportunity for PPP (centre-left) to come in power. There is no harm in PPP and PML-N fighting and struggling to gain power and gain the people’s trust.
2. Zardari vs Sharif : Again establishment likes to propagate the myth that personality conflict is against democratic principles. There is nothing wrong in a democracy where leaders have personality clash and are against each other. The fight between Zardari and Sharif and for that matter in 90’s between BB and Sharif were not the failure of democracy. If they had any impact it might be said it was positive.
3. Consolidation of Power: Using all the available means and oppurtunities to consolidate the power is part of the politics. When a party or person uses the illegal means and opportunistic behavior , he or she has to pay a political price. In the current scenario Zardari used the opportunity to overthrow the government of Punjab, that gives him sometime to consolidate his power however in the long run (as most of the political pundits agree) he will have to pay a dear political price for this action.
Update:
So in a nutshell the current happenings in Punjab are quite natural and simple political process and part of democracy. Although it seems that Asif Zardari has taken the extreme step of dismissing Punjab government , however I think that it was more a reactionary action than a proactive one. Zardari (perhaps on account of his inexperience) got a little bit scared of the initiatives taken by Sharifs in the recent past. It seems that he has fallen in the trap prepared by Sharifs. We must understand that all of this is part of political process and democracy , like all other democratic nations we will have to learn that democracy is about gaining the power and people’s trust , for this both Zardari and Sharif are entitled to take the actions they want. Agitation , dharna , strikes , and demonstration of political force is part of democracy. Just like Zardari was entitled to take the step of dismissing Sharif’s government in Punjab , Sharifs are entitled to demonstrate their political power on the streets. There is nothing wrong with it, but there is only one problem with it though and that is like a cunning fox establishment is keenly waiting for the oppurtunate moment to wrap up the political process and that’s where democratic forces need to remain on guard.
Now then , can establishment regain their space in the current political scenario in Pakistan?. To me it seems that more Nawaz Sharif looses the ground , more establishment takes it. However relevant point is that can Zardari survive the onslaught of Sharifs and centre-right?. Although at this point it will be considered absurd if I suggest that “Nawaz Sharif and Zardari will join hands pretty soon “.
I wish I could write few words about the judicial mess before it clears out itself .. but more to come later
Bloody Civilians..
I came across this letter on timesonline , which showed the true face of the military mafia ruling over people of Pakistan. [It is amazing that the people who would have no problems in believing that this army can nuke them , who would have no problem in believing that this army can burn the innocent girls with phosphorus bombs in Lal Masjid , those "liberals" who believe that this army can rape 90,000 women in Bangladesh , those "liberals" who believe that this army can sell their own mothers for the money , those "liberals" who believe that the army is killing innocent kids in Waziristan , selling people to United States. Those people who believe that this army killed Benazir Bhutto leader of the several of those liberals. These liberals have problems in believing that the "Mumbai attacks were done by the ISI" Problem is not that ISI did the Mumbai attacks or not , problem is that there are people who believe that ISI can not do these attacks because it hurts their patriotism haha... .... I am writing another article "Patriotism a virtue or madness" for this ... this is just a crossword].
So while reading this letter I realized how deep the rabbit hole goes .. the language of the letter shows the utmost hatred against the “bloody civilians” by the fascist army, and it also shows how this mafia crushes the rebellion by using both carott and stick. Let me quote some of the paragraphs with my comments from this letter.
My request for HI(M) was processed and not acceded to, due to constraints in the rules and regulations as per the contents of the letter under reference.
By the way HI(M) is Hilal-e-Imtiaz (Military) , this general who was later killed by the mafia due to their(army/ISI) internal conflict was asking for the benefits and Hilal-e-Imtiaz not for any of his achievement but by blackmailing.
He simply requested me to be nice enough to bury the past which actually is NOT easy , keeping in view the social ostracization (sic) , psychological and financial agony/trauma suffered by me and my family because of this unjust retirement, whereas, the perpetuators (sic) of this criminal plot ………… continue to enjoy …………… positions in the army, while, alternatively (sic) , I on the other hand struggle in the civil world for a living.
This general was struggling to live in the civil world whereas his accomplices are enjoying the perks in the army and look how much aggrieved he is about this. My foot….
The whole letter shows the thinking and working of the mafia, there are many people who ask question how is it possible that there is no rebellion or coup in the Pakistan Army , well the answer is very simple the army is basically a criminal mafia and in a criminal mafia the rebellion is either crushed by death penalty and if it is successful the rebellion commander becomes the COAS , there is no way a “NORMAL” coup can occur in Pakistan military , the coups happen in a military where human beings are soldiers not the criminals. I have posed this question to several times without any answer.
An army armed with nuclear arsenal, that has proved time and again that they can go to any length from killing of innocent girls to raping the unarmed women and even ready to nuke their own people for the sake of money and their hegemony . What that army would do when they have real threat to their existence?
P.S. While I was thinking to publish this post, pkpolitics.com have published a featured article calling names to Faisal Alvi as if he was the only culprit the guy who wrote this article even traced his(Alvi) roots back to Kenya (of course this information was provided to him by ISI), it is amazing that the guy has the courage to ask “How can a person such loyalties rise to the rank of Major-General in the Pakistan Army?” haha….. .
BTW it is also amazing that how this site is now completely overwhelmed by the ISI paid commentators , I personally would have thought to contribute on this site as during the old days of the struggle against the most tyrant dictator in the history of Pakistan I felt this site as the best platform for the struggle against the mad dictator. However after the February 18th elections as expected ISI found their feet on the turf where they play the best , and pretty soon the site became a tool in the hands of ISI agents for bashing the civilians and even the son-in-laws of the military generals and air chiefs started writing articles there :).
P.P.S. I returned after a long vacation, so many things happened during this period. Specially the Mumbai mayhem on which I would like to write in detail.
Q & A yet again : Wish I could “KNOW-ALL”?
I wish I could answer simple answers to your questions. I wish life could have been that simple. You know I yearn to be “eighteen stone women” who had answer to every question in this world. I would love to be like you to have very simple answer of every question that disturbs me. I would love to condemn every single politician, all the people who vote for these politicians. I would love to know answer to all questions from economics to military and from religion to politics. I would love to have the answers to each individual problem Pakistan is facing from poverty to energy crisis , from extremism to politics.
But alas I don’t have any simple answers. But I have “jewish” answers , cryptic , complex, absurd , meaningless and stupid. Good thing is that at least there is one question which I have a very simple answer.
- The judiciary issue: What should be done, what HAS been achieved and what is ZPP doing?
Well I think I answered this earlier somewhere, but let me state again I am absolutely disappointed by AZ/PPP about the judiciary issue, I don’t think though judiciary issue has been settled until and unless CJ Iftikhar Chaudary is not restored as CJ there is not going to be any solution. And the fight will go on till that result. One thing I am happy about is that the lawyers movement is in very safe hands of Aitzaz Ahsan/Kurd/Malik and that gives me the best hope of the solution.
- The food crisis: What should be done, what HAS been achieved and what is ZPP doing? Btw: I would like to asks whether ZPP is running a project like the “Sasta Tanduur” or is “ROTI” yet another empty “slogan” of ZPP?
I honestly have no idea about how to solve the food crisis. Usually I try to trust someone who is a expert in his field. I actually think SS is doing great in terms of providing cheap “roti” to the poor. From the political perspective PPP will be in difficult situation in the next election because the poverty issue than any other (again it is my opinion).
- The energy crisis: As far as I remember the incompetent ZPP minister promised to deliver a temporary solution in 100 days. What was he thinking about? Raising the prices to “solve” the problem?
Well again I am not very expert in energy as well, however during 90’s BB’s government I happened to have some insight in IPP units that PPP government was able to get working , I remember there was big hue and cry on these IPP units and it was said that there was a lot of kickbacks involved (again I won’t say there was no kickback involved) , but looking back I think the IPP policy was successful. I probably have more trust in PPP government on this count.
- Media: My claim is that the media has been silenced to some extent. Why has the media become almost silent on the judiciary issue? Who is pulling the wires?
Yes I know little bit about media , I believe that there is no gagging in place at the moment , most of the journalist are just following the policy of “wait and see” , they are willing to give PPP ample time to prove its worth and you will find that at the crunch time it will be the same journalists who are currently believed to be on PPP payroll who are going to put the things in right direction.
- Presidency: Why doesn’t AZ give up his dictatorial “rights”?
This issue is closest to my heart , with AZ in presidency it seems to me that water is very muddied , but I think matter is probably much more than 58-2B and 17th Amendment , it is more about the November 3rd actions and the “charter of democracy” , with the passage of time PML-N is going to exert more and more pressure on PPP to get the November 3rd chapter closed , 58-2B will be the obvious casualty in this process.
- PM: Why is he only a puppet PM?
Ah.. I wish I could have created an intelligent machine that could be as puppet as our PM , in my software engineering I have seen that even the well written application behave unexpectedly in different circumstances. PM is a human being I believe 
………. well sorry for cryptic answers again , it is hard for me not to be sarcastic on such questions.
- Who is the boss? The GHQ/AZ/YRG? Or shall we consider them as a “joint strike force”……off course a “force” against their own people?
hahaha….. again you always tempt me to be sarcastic…. … well I wish I could be the boss… wait let me try to answer seriously..
I think that the current situation is pretty much similar to 1989 when BB agreed to accept the power sharing with Aslam Begs and likes. There are certain subtle differences though. AZ is in better negotiating position than BB at that time however he is unexperienced (I hate to pass such comments as perhaps he might not be unexperienced)…. I think I will come back with a detailed analysis on this later…
Are you able to give simple answers to the above questions/issues?
Yeah that is the answer which has a very simple answer. And i.e. NO , I don’t have simple answer to these questions. Although I would love to have simple answers.
PkPolitics Comments..
@Shirkuh
thanks for asking those questions, but before answering them let me clarify few things. I personally like to be called “uneducated and illeterate” , my political beliefs are not derived from the “great writers and political commentators” but from the several of my childhood buddies who unfortunately (or is it fortunately?) still live in real Pakistan in the far flung areas of Punjab. Recently when I went to Pakistan I had long meetings with those people , one of them a clerk in education departement, another working in a mundee (market) , another a kochwan (tonga driver, although these days he is driving a rikshaw –chung chi) and several others like them. None of them has passed matriculation.
All of these people have very firm political beliefs some of them called leaguis, and others jamatia , piplye and so on…
Although when I am in Islamabad I could meet the so called “well to-do” and “men of position” , however I hate to meet them and any meeting with those people do not end at a good note..
So let me just warn you that if you think I have political beliefs because of my education , wealth and “knowledge” then you will be disappointed.
Now to answer your questions.
Q. You have blamed certain people of being paid by PML-N to make propaganda against ZPP.
1. Please correct yourself as I did not say that anybody is paid by the PML-N , I consider PML-N as an anti-establishment party , I said few people are paid by establishment.
Q. Do you really think that everybody is paid to do the job?
2. I also did not say everybody writing against AZ is paid by establishment , I said “few” people are being paid by establishment.
Q. Don’t you think that most people do this, because they are worried?
3. Yes I think some of them are worried , but personally I think their worries are unfounded.
Q.Don’t you agree tha ZPP has negated on vital issues like CJP, sovereignity of PAK land, failed to deliver on several other promises as f.ex. electricity, food etc.?
4. Ok for this let us divide the question in three parts, first yes PPP has disappointed me about the issue of restoration of judges. I consider this as a grave political mistake by AZ , specially those promises made to NS and then backing off from them. This will cost him dearly. However the benefit of this will go to Nawaz Sharif which would mean that he might get more votes in next elections specially from Sind and NWFP. I personally think that judges will still be restored in one way or the other.
Secondly “sovereignty of Pakistan” , well this I call bu$$shit (please excuse my french) , Pakistan is in safe and good hands of politicians and I am exteremely satisfied that it is finally in the safe hands.
Thirdly electericity , food etc. i.e. inflation , well I think they need 5 years before we can judge them , and even then my judgement against them will only be through the ballot paper which means I won’t vote for them.
Now an important question which you did not ask , should we criticise PPP government when they make wrong decision. Answer yes we should , not only that we should agitate peacefully against their decision , we should put pressure on the sitting government and if the oppurtunity comes the government should be removed through political means , and I believe that that’s what NS , AA , Lawyers and Civil society are doing.
Raat jab kisi khurshid ko shaheed karay tu subah ik naya sooraj tarash laati hay
Faraz is not among us….
General Amendments — Constitutional Package Review Part VI
270A. Affirmation of President’s Orders, etc.–
History
I earlier wrote about the curse of article 270 here, Article 270A was however introduced first time by the first mad dictator (after 1973 constitution) , this article displays the moral and intellectual corruption of jadoogar of Jaddah Mr. Sharif-ud-din Peerzada. To my knowledge Pakistan’s constitution is the only constitution in the world which has the name of a person and that too a military dictator, being declared the President.
This article has very interesting history though. On 2nd March 1985 , article 270A was first time inserted into the constitution, which read as follows:
270-A
(1) The Proclamation of the fifth day of July, 1977, all President’s Orders, Martial Law Regulations, Martial Law Orders and all other laws made between the fifth day of July, 1977, and the date on which this Article comes into force, are hereby declared, notwithstanding any judgment of any court, to have been validly made by competent authority and, notwithstanding anything contained in the Constitution, shall not be called in question in any court on any ground whatsoever.
(2) All orders made, proceedings taken and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the fifth day of July, 1977, and the date on which this Article comes into force, in exercise of the powers derived from any Proclamation, President’s Orders, Martial Law Regulations, Martial Law Orders, enactments, notification, rules, orders or bye-laws, or in execution of or in compliance with any order made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever.
(3) All President’s Orders, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes in to force shall continue in force until altered, repealed or amended by competent authority.
(4) No suit, prosecution or other legal proceedings shall lie in any court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.
(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby.
(6) The President’s Orders referred to in clause (1) shall not be altered, repealed or amended without the previous sanction of the President.
Explanation:- In this Article, “President’s Orders” includes “President and Chief Martial Law Administrator’s Order, and Chief Martial Law Administrator’s Orders.”
Reading carefully the original wordings of this article , shows that how much establishment was afraid of the Judiciary which can at any time look into the Martial Law orders, remember the judiciary at that time was nothing more than the pocket judges of mad dictator , however he was afraid of the future.
Later on with elections in 1985 , the original article was than amended by the 8th amendment as follows:
270A. Affirmation of President’s Orders, etc.
(1) The Proclamation of the fifth day of July, 1977, all President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, including the Referendum Order, 1984 (P. O. No. 11 of 1984), under which, in consequence of the result of the referendum held on the nineteenth day of December 1984, General Muhammad Zia- ul-Haq became the President of Pakistan on the day of the first meeting of the Majlis-e-Shoora (Parliament) in joint sitting for the term specified in clause (7) of Article 41, the Revival of the Constitution of 1973 Order, 1985 (P. O. No. 14 of 1985), the Constitution (Second Amendment) Order 1985 (P. O. No. 24 of 1985), and all other laws, made between the fifth day of July, 1977, and the date on which this Article comes into force are hereby affirmed, adopted and declared, notwithstanding any judgment of any court, to have been validly made by competent authority and, notwithstanding anything contained in the Constitution, shall not be called in question in any court on any ground whatsoever:
(2) All order made, proceedings taken and acts done by any authority or by any person, which were made, taken or done, or purported to have been made, taken or done, between the fifth day of July, 1977, and the date on which this Article comes into force, in exercise of the powers derived from any Proclamation, President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or by-laws, or in execution of or in compliance with any order made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever.
Provided that a President’s Order, Martial Law Regulation or Martial Law Order made after the thirtieth day of September, 1985, shall be confined only to making such provisions as facilitate, or are incidental to, the revocation of the Proclamation of the fifth day of July, 1977.
(3) All President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or by-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority.
Explanation. In this clause, Competent authority means-
(a) in respect of President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders and enactments, the Legislature; and
(b) in respect of notifications, rules orders and by-laws, the authority in which the power to made, alter, repeal or amend the same vests under the law.
(4) No suit, prosecution or other legal proceedings shall lie in any court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.
(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby.
(6) Such of the President’s Orders and Ordinances referred to in clause (1) as are specified in the Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the appropriate Legislature in the manner provided for amendment of such laws. Explanation. In this Article, “President’s Orders” includes “President and Chief Martial Law Administrator’s Orders” and “Chief Martial Law Administrator’s Orders.”
Commentry
The proposed amendment in this article removes the following words under which, in consequence of the result of the referendum held on the nineteenth day of December 1984, General Muhammad Zia- ul-Haq became the President of Pakistan on the day of the first meeting of the Majlis-e-Shoora (Parliament) in joint sitting for the term specified in clause (7) of Article 41,.
Only good thing about this change is that it deletes the name of General Zia-ul-Haq from the sacred document called constitution of Pakistan.
General Amendments — Constitutional Package Review Part V
243A. Declaration of war.–
History
This article is a new addition to the constitution. It is interesting to note that in the original constitution of 1973 , the declaration of war was not explicitly specified to be the right of Prime Minister or Cabinet. In the wake of limited Kargil war of 1999 , this article may have some significance.
243A. Declaration of war.–
Notwithstanding anything contained in the Constitution or any other law for the time being in force, no person or authority shall declare war or use Armed Forces against any foreign Government or country without prior approval of the Prime Minister or the Cabinet
Commentry
I believe this is any important and essential amendment , this article also follows the maxim of Winston Churchill that “War is too serious a business to be left on Generals only”. In 1999, the armed forces of Pakistan attacked India in Kargil without the prior permission of the Prime Minister or Cabinet , the matters get more confused in the context of article 243 (1A) which states
243 (1A) Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President.
This is important to note that the above clause was added by another dictator Gen Zia in 1985 and it was not included in the original constitution of Pakistan , instead the original intent of the founders of constitution was expressed in the clause 1 of the same article i.e.
243. Command of Armed Forces.
(1) The Federal Government shall have control and command of the Armed Forces.
Since the control and command of the armed forces lies with the Federal Government , therefore declaration of war which included mobilization of armed forces against the enemy also lies with the Federal Government , however with the introduction of clause 1A , the president became the supreme commander of the armed forces, hence having the implicit authority to declare the war.
In my opinion introduction of Article 243A , will explicitly define the authority of Prime Minister and Cabinet to make a decision of war.
260. Definitions.
History
This one is very interesting article, Article 260 was part of the constitution since 1973, it clarified the meanings of certain terms in the constitution. Let me first give a brief overview why these definitions are important. It is the right of Supreme Court of Pakistan to interpret the constitution in case of any ambiguity or question posed by the federal government about the meaning of any article/clause of the constitution. Supreme Court interprets the constitution based on the letter and spirit of the constitution , this interpretation is usually backed by the precedents from both other countries constitution as well as the original intent of the writers of the constitution. However the writers of the constitution decided to enforce certain meanings for certain terms used in a context. Later on however the dictators decided to use this article to give the opposite meanings to certain terms. This amendment tries to rectify one such problem. Let me quote here the amendment.
(1) In the Constitution, unless the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say,
“consultation” shall, save in respect of appointments of Judges of the Supreme Court and High Courts, mean discussion and deliberation which shall not be binding on the President.
Commentry
Consultation in constitutional parlance means a meaningful discussion in order to reach a consensus. And usually it means a certain binding nature on the person who initiates this consultation. At many places in the constitution the phrase “In consultation with Prime Minister” is used , the decision coming out of such consultation is binding in nature , however this definition nullifies the meaning of consultation , Ironically it also mentions that in case of appointment of Judges of Supreme Court and High Court this will still be binding on President. This definition has far reaching impact on the whole constitution making it presidential in nature. Therefore removal of this definition is imperative and essential.
