So the judges of the Supreme Court have not dealt with the violation of the constitution properly. In fact, on two occasions after the military takeover of 1977 and 1999, the judges were given an oath under the new dispensation and they willingly **accepted it. When the judges take an oath, its basic principle is that they will protect and defend the constitution. But **by legitimising military takeovers they have abdicated that role.
thus, PCO judges of 99 and not just 2007 should be sent packing, and if that includes Ifti so be it.
At the end of the day, the judges have been sacrificed by the army and the political parties. Those who are willing to "play" in the
elections are basically endorsing the rule of the dictator. A nation that dosent stand out for Justice and truth can not develop democracy or rule of law on even one inch of its territory.
I agree, and not only that LFO/PCO that were made part of the constitution by Mushrraf should also be thrown out.
u like it or not but unfortunately LFO is the amendment in constitution done by elected members of Parliament so it is THE PART of constitution now and you need 2/3 majority to throw it out :)
For once, let me agree with you :) he was a role model for Judges
Glad to hear that... I created a thread (2-3 days ago) to get more info on that judge but probably no one had any knowledge about him so it went down the drain.
u like it or not but unfortunately LFO is the amendment in constitution done by elected members of Parliament so it is THE PART of constitution now and you need 2/3 majority to throw it out :)
This is just another example of how generals like Mushrrafs have been manipulating the system, and the constitution and thn people wonder why no good natural civilian leaders is emerging from such system?
A thug takes over the country, collects lotas from Jumma Bizaar and gets stamp of approval for his illegal actions...and presto its all legal. That why country is in mess.
This is just another example of how generals like Mushrrafs have been manipulating the system, and the constitution and thn people wonder why no good natural civilian leaders is emerging from such system?
A thug takes over the country, collects lotas from Jumma Bizaar and gets stamp of approval for his illegal actions...and presto its all legal. That why country is in mess.
as I said .... u like it or not ..... its an amendment done by assembly .....and its THE constitution now. Any talk of "throwing it out" will align you with Mush ...who you oppose badly :)
This is just another example of how generals like Mushrrafs have been manipulating the system, and the constitution and thn people wonder why no good natural civilian leaders is emerging from such system?
A thug takes over the country, collects lotas from Jumma Bizaar and gets stamp of approval for his illegal actions...and presto its all legal. That why country is in mess.
It's high time everyone amongst our nation should define right and wrong and condemn clearly the wrong.....instead of justifying the same on some lame pretexts....
Clearly none of bigger political parties cares a hoot for the deposed and purged judges of superior courts, still under detention, except Nawaz Sharif and Imran Khan. PPP and even PML-N leaders have joined the US project to strengthen the hitherto Pakistan army chief’s cause. One directly and other through the Saudi king. The two buddies, Gen. Musharraf and US President George Bush, have shown they prefer the sword to be mightier than law, reason and pen. Most of the others have been overwhelmed or bought.
Yet most Pakistanis acknowledge the PCOed judges and the legal fraternity led by the shining galaxy of Justice Wajihuddin, Munir Malik, Aitzaz Ahsan, Ali Ahmed Kurd and so many famous or work-a-day lawyers as their heroes. These continue blazing a trail for the people to follow. They want respect for all human beings as equal and valuable for whom rule of law is a must. That requires judges and lawyers who value human freedom and who refuse to bow before autocratic rulers unendingly uttering deceptive falsehoods. The Judges led by Justice Iftikhar Mohammad Chaudhry and all 60 or more judges (who resigned in protest) constitute the true Supreme and High Courts in which legitimacy of law resides. They need to be saluted every day – and their lead followed.
This great betrayal of rule of law and human freedom – the heart of democracy – was spearheaded by the JUI chief and PPP chief, each wired to General Musharraf and the US administration respectively. They will legitimise the Army Chief’s actions of imposing the state of emergency (martial law really). Everyone knows that all the shots will continue to be called by the hitherto COAS behind the make-belief screen of caretakers and elections will be ‘managed’ through the agencies. Aware citizens expect these polls to produce Musharraf-desired results. Hitherto, the PML-N chief had refused any kind of deal with Musharraf and supported the old judiciary’s restoration. One fears that the US may have forced him to climb Musharraf’s bandwagon. He had been firm in demanding the withdrawal of emergency, the PCO and the restoration of the pre-Nov. 3 judiciary. One will wait for a few days before tarring him with the same brush as Benazir to know what exactly transpired at a putative meeting where the American ambassador was also present.
It is too late to remonstrate either with major parties about why they want to participate in an election held under emergency restrictions and in which agencies will do their mischief or to make futile appeals to Gen. Musharraf’s conscience. The former, in fact, had only minor differences with Musharraf and have composed them. The latter is likely to think his grand strategy has succeeded and he is home and dry for the next five years.
And yet Nov. 3’s emergency, PCO and media curbs will deepen all the fault-lines, indeed fissures, in the polity. All those who are participating in such an election are obliging the US and strengthening Musharraf so they can supposedly fight the Taliban and Al Qaeda better. But they should still think about what another five years of an unreformed Musharraf’s rule will do to Pakistan’s body politic. Have the methods employed by Islamabad under the COAS rule for seven years curbed the growth of the Taliban and assorted militants? Or they have led to an increase in their sway and influence?Or has Balochistan shown any normality after big Bugti’s murder. Are the rivers of milk and honey flowing in Sindh? How many Pakistanis are happy in this victory of brute power over the civil society and law?
What we Pakistanis have today is two contending causes, each claiming legitimacy. One side is led by the army chief, carrying with him platoons after platoons of rich sycophants, timeservers and turncoats. The other side comprises intelligentsia and common folks; they believe in human values, law and its majesty and the power of truth. These are irreconcilable. From the looks of it brute physical power prevails. Is this defeat of law, learning and values definitive?
Some victories can be picric. This one too is, if only the upholders of law’s cause shed their limitation of remaining non-political. It was popular support for the cause represented by Justice Iftikhar Chaudhry and his lawyers that catapulted them – a political phenomenon. Chaudhry commanded no troops, yet the common people – that too of Punjab – showered their love and support on him and lawyers; the whole country supports them. They are the new and authentic heroes and icons. Their political potential is unmatchable.
It is a mistaken polarization in which the two causes, politics and lawyers, neither in conflict with rule of law and libertarian philosophy really, can usefully come together to reinforce what the bar and legitimate bench stand for. The other side is entrenched anti-democratic power(s). It is a line up of a civil war. However, a civil war is best avoided. Pakistan is externally vulnerable, perhaps for the first time. Pakistan has two reasons to invite the ire of many in the west, led by the US and NATO: the Taliban and assorted Islamic militants with their influence, on the one hand, and nuclear weapons, on the other. Look at the potential of a civil war(s) in view of these vulnerabilities. It is too scary to contemplate.
Civil war begets economic meltdowns. Not that Pakistan economy is in the pink of health. Its vulnerabilities have multiplied in recent years, official propaganda of achievements notwithstanding. Economic collapse can precede, accompany or follow a civil war. Economic progress requires stable politics – of a democratic kind. There is no way anyone can combine civil strife and economic progress.
What Pakistan needs urgently is national consensus over how and who to run the polity: Musharraf’s Islamabad is likely to remain under attack from many sides: assorted Islamic extremists, al-Qaeda and Taliban (who combine an extra-austere Islam with Pushtoon nationalism), secular nationalisms of the Pushtuns, Baloch and the Sindhis. There is also the potential threat from the dirt poor; should they be mobilized, they will pose a serious threat to the elitist politics.
But there can be a sane, democratic national consensus seeking to promote peace, law and democracy with an equity-based approach to economic matters. It can seek democratic solutions to not only NWFP’s problems but also to those arising in and from Afghanistan. Democrats can find a solution to Balochistan problems without too much difficulty. Pakistan needs a democracy that can control the military services and not the vice versa. People’s true representative will also know how to tackle foreign powers, big and small.
But where is such a democratic leadership? Major parties having disappointed so bitterly, there are only the judges and lawyers who sustained a six months long glorious agitation and are continuing to lead. They have now the additional task of mobilizing the people to establish rule of law, democracy and to uphold all human rights, including people’s right to social security. Would Wajihuddin Ahmed or Aitzaz Ahsan rise to the occasion?
The writer is a veteran journalist and freelance columnist. Email: mbnaqvi@ cyber.net.pk
Benazir made it clear yesterday that her party stand for the independance of the judiciary, not for the sake of any individuals. This upon being asked her feelings in regards to our actual Chief Justice.
So from this its clear that she and her party really dont give a rats rear end about an independant judiciary…
Sad indeed… I hope the Lawters and others stand up and make themselves heard once again.
