Archive for the ‘Family’ Category

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Injustice In the Court of Law –

February 11, 2014

I would like to call myself a patriotic member of civil society of Pakistan. One who is currently witnessing the state of Pakistan being dismantled piece by piece with the help of a pillar of state called the “Judiciary”. The spearhead of this campaign against Pakistan was started by no one else but the former Chief Justice of Pakistan Iftikhar Chaudhry. He took oath under Provisional Constitutional Order, then used his influence illegally for corruption, when questioned by then President of Pakistan Pervez Musharraf – he went to coup the state by using the law society of Pakistan……The battle ended with his restoration.

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The next episode of one sided battle started in court of law barely a month after Pervez Musharraf’s arrival in Pakistan, the former Chief Justice of Pakistan, Iftikhar Chaudhry, issued a challenge, daring people to step forward and bring up charges against Pervez Musharraf. Can you imagine any CJ of a country behaving in this manner? Iftikhar Chaudhry has been overly politicized and compromised for years and has always viewed Musharraf as his arch enemy. Clearly Chaudhry had nothing else but revenge in his agenda. For a long time the Chief Justice has been demanding the Federal Government to bring forth treason charges against Pervez Musharraf. When the government politely declined – such as for instance the Caretaker Government – the Supreme Court could not take no for an answer and maintained an argumentative behaviour with the Caretaker Government, insisting the latter bring forth treason charges against Pervez Musharraf, thereby allowing the ever so eager Supreme Court to proceed with the matter.

This is very interesting given the fact that in Pakistani law, the Supreme Court has absolutely no right to request – let alone demand – the Federal Government to bring forth charges against any individual or group. The Supreme Court cannot request, demand, pressurize and incite the Government to bring to its attention any case. Thus, by constantly pressurizing the Federal Government to proceed with the treason charges against Musharraf, the Supreme Court has violated the law of the land and exposing its utterly biased attitude.

Now coming to the the case of treason against Pervez Musharraf follows the bizarre logic: In November 2007, Pervez Musharraf imposed temporary Emergency Rule in Pakistan. As a result, some sections of the Pakistani Constitution were temporarily suspended, or held in abeyance. This is said to be treason against the State because Article 6 of the Constitution of Pakistan states that holding the Constitution in abeyance is an act of treason.

Responses

A. Article 232 of the Pakistani Constitution permits the President to impose Emergency Rule under certain situations. As long as the President is satisfied that a situation or a state of affairs exists which warrants Emergency rule, the latter can be imposed.

Article 232 (1)
If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency.”
Therefore, imposing Emergency Rule is not akin to “treason” as it is permitted by the Pakistani Constitution. One may disagree with the reasons for imposing the Emergency, yet imposing it is not “treason” or a “punishable crime” even if the underlying reasons are deemed to be weak.

B. In 2007, Article 6 of the Constitution did not state that holding the Constitution in abeyance or suspending it was an act of “treason.” This is the 2007 version of the text of Article 6:
“(1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.”
In 2010, however, through the 18th Amendment, the above text was altered as follows (italics added):
“(1)Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.”
In 2007, suspending or holding the Constitution in abeyance was not an act of high treason. In 2010, however, suspending and holding the Constitution in abeyance became an act of high treason.
It is legally and rationally ridiculous to retroject this backwards to try Pervez Musharraf – or anyone else for that matter – for having allegedly committed “high treason.”

C. Those who have presumed Pervez Musharraf to be guilty of high treason convey the impression as if Pervez Musharraf was working in isolation, in a vacuum, making decisions on his own, with no other individual present in the scene. This scenario is highly unrealistic. The text of the Proclamation of Emergency Rule itself mentions the “prime minister, governors of all four provinces and with the chairman joint chiefs of staff committee, chiefs of the armed forces, vice chief of army staff and corps commanders of the Pakistan army” who deliberated upon the situation and then requested the President – Pervez Musharraf – to impose Emergency Rule in Pakistan. However, as far as I can tell, no one has been questioned. To successfully implement the Emergency rule, individuals (Civil Servants etc), judges and departments at all levels were required to play their part. None of them have been questioned. In fact, the Law Minister of that time – Zaid Hamid Khan – who played a pivotal role in designing and implementing the Emergency Rule in 2007 is presently a senior member of Nawaz Sharif’s party and was once again appointed as the Law Minister, only to be made to resign shortly thereafter due to the embarrassment caused on account of his role as the Law Minister in 2007!

This trial is nothing but blatant discrimination against Pervez Musharraf and a Violation of Article 25 & 6: By having a go at Musharraf by the Supreme Court and the Sharif Government itself. Article 25 is the equality clause – it calls for a lack of discrimination. Likewise, Article 6 is also not being adhered to. This trial can be an important turning point for Pakistan if one believes in the following quote by Martin Luther King.

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Two forms of blatant discrimination are being carried out:

Another important point in this matter that November 2007 imposition of temporary Emergency Rule is a comparatively minor matter – compared to the actual Military (counter) coup of 1999. The latter is the main issue, not the 2007 Emergency. Were it not for the fact that a Military (counter) coup transpired in 1999, the minor matter of the November 2007 Emergency would not have taken place. In light of the High Treason Act, the application of Article 6 cannot be limited to the 2007 Emergency. The 1999 Military (counter) coup needs to be considered. Even then, Article 6 cannot be restricted to the 1999 Military (counter) coup. The dark era of the Zia regime also needs to be considered, including all prior Military takeovers. According to the High Treason Act, from 1958 onwards, every military coup is to be considered and all involved – directly and indirectly – are to be tried and punished. Thus, by singling out Pervez Musharraf and by restricting the proceedings to the comparatively very minor matter of the imposition of temporary Emergency Rule in November 2007, the Supreme Court and the Sharif Government are violating both Articles 6 & 25 of the Constitution and are also ignoring the High Treason Act, which permits the trial of everyone involved in a coup – whether directly or indirectly – from 1958 onward.

Either all are tried or none are tried. Either all regimes are considered or none are considered. There must be across the board justice to ensure fairness and transparency. Picking and choosing should not be allowed
However, we all know that the reason for Ignoring the 1999 Military (counter) Coup is that Iftikhar Chaudhry was one of the judges who took oath under the PCO order.

Army Officers, Politicians, Judges, Bureaucrats, Journalists all need to be tried and punished if they played any part – directly or indirectly – in supporting, maintaining, defending, strengthening and legitimising a Military takeover/regime.

Oath taking ceremony of Iftikhar Chaudhry

Oath taking ceremony of Iftikhar Chaudhry

• Corrupt and biased Judges such as Iftikhar Chaudhry, who legitimized the Army’s rightful counter coup of 1999, must be taken to court for the matter and justice should be served upon them with full force

• The current two times failed Prime Minister should immediately resign – along with all of his colleagues who aided and abetted the dictator Zia. They must then be brought before the law for violating the Pakistani Constitution multiple times.

Finally, one should recall that Ch. Shujaat Hussain has already put himself forward to be tried in court for treason under Article 6 but the federal government is yet to include his name in the case.

As justice cannot be forced upon selectively –
Author: Asad Baig
Email : Ashbaig80@gmail.com

***Material pointing towards the different Articles of Constitution Pakistan has been researched by Usman Sheikh.***

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Redundancies :-(

January 15, 2009

comic

 The big “Strictly Private & Confidential” letter was given out on the 14th of January. Following it, yesterday Barclays Leeds announced it will be cutting 100 jobs from the mortgage area of business. 100 of our colleagues will face the axe in this cluster of retail banking. In total there will 4300 job cuts in Barclays.

It’s sad to see things fall apart this way. It was a expected news but few of my colleagues were under the quandary that Barclays won’t be effected by the credit crunch and because of this they were under a state of shock yesterday.  It is always hard to digest the news of redundancy and there are many factors to it. People have emotional attachment to their work and colleagues. Moreover, you just get used to coming in everyday and doing your thing. Very soon all this will change for many of our colleagues. 
 

The question which keeps popping up in my head is where will the 100 staff go? There are no jobs in the financial sector anymore and all the other sectors are not recruiting.  This morning I have been looking at some recruitment sites and the vacancy listed are lousy. Most of the jobs are listed with nearly every recruitment agency which means that there will be a hell lot of competition on every vacancy. An example of competition will be that the other day I applied for a Sales Manager position with one of the largest blue chip companies in the U.K. I was invited to the interview but the date of the interview was after 3 weeks (surprisingly a very long wait). Upon inquiring the reason for this, I was told that there were 1200 applicants for 4 sales manager jobs. Wow, innit?. This credit crunch has become worst than aids. It’s effecting so many people so quickly and it is crippling the economy. On the other hand the government is running out of money to pay people who are on dole. It surely is a lose lose situation. Even if anyone does get into another job there are still risks involved of redundancy there in the future….. CRAP!!!!!!!!

 

Based on all this, my decision is to start a master’s course this September and probably study something in the health sector. NHS will can pay the course fee and I can apply for a maintenance grant. By the time the qualification is achieved the market will be much more settled and it might even land me into a different and more excellent career. I still need to give it a detail thought. 

It’s only January ‘09 and already there have been around 10,000 job losses…..

 

It time to make the right choice NOW!

 

Sigh!!! I have got my first 1-1 for the consultation process…

 

 

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First Birthday :-)

January 6, 2009

Something I wrote on my son’s first birthday but never got around sending it….

Usaid, just after his birth

Usaid, just after his birth

Our loving & dear ones,

Its a another big day in our life (me and mariam ) and we can’t keep ourselves from sharing our thoughts with all of you, our loved ones! Its our son’s first birthday “Congratulations to him” (he has been doing a good job bearing us!! hahah)

I remember that early morning a year ago very vividly, when Usaid came knocking at the door at 3:24 am on of 19th November 2007 and was over 5 days late. I guess he was ready to step into this world and move ahead, as he has done so powerfully since that day.
The kind of love he awakened in us took us by surprise. It’s not more or better than other love, only different. Different from the way we love each other different from the way we love our parents, brothers and sister and different from the way we love life. He has enriched our life.
And with that love comes a full range of other emotions. We have experienced feelings of helplessness when he was  recovering from the circumcision surgery when me and his mom had to rush him to the hospital because of excessive bleeding, feelings of despair when he was crying relentlessly in the early months. Feelings of pity when he was in pain eczema and feelings of insecurity about all the new aspects of life that being a parent brings with it. They too have enriched our lives.

Usaid has inspired us by just being HIM. The relentless effort he has put into discovering the world and developing his  skills in all its tiny variations have astounded us more than once. It makes us wonder why and when we lose the ambition and energy to be so vigorous in developing ourselves.
Usaid has also awakened another level of being us. He has made us think about life in a different perspective. He has  made us think about life beyond our own and its consequences, this still has us puzzled in many wonderful ways.

Learning to crawl

Learning to crawl

By HIM  being here has also deepened my love for his mother. I can see her love for Usaid and her devotion to be the best mom she can. It fills me with love and warmth to see them two together, playing together and sharing love and fun.
Usaid will always know that we’ll be here for him on his path through this thing called life. He can count on us for being there when he needs support in all its subtle appearances. A hand to help him when he attempts his first steps, a hand to catch him in case he might fall, attempting another audacious effort at something he don’t master (yet).
“Usaid, Keep on filling the pages of your book in your unique way, we will be reading along and helping you along the way.
Thank you for being your beautiful you. We love you.”

And our beloved  family and the people we love our life for. Thank you for being with us along the way you have. If it wasnt you, your prayers and guidance then we dont know what we would have done in those “windy” nights when we didnt even know how to hold Usaid. May our little one brings joy in all your life’s and may your prayers help us in being the best parents Usaid can have.

Riding a bike...there is no stopping!

Riding a bike…there is no stopping!

A new beginning, a radiant life
A blank book, yet unwritten
And nobody can reveal
How you’ll fill the pages
It’s going to be your story
We’re at your side, reading along

Regards,
Baig Family
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After I left Karachi!

December 30, 2008

I am a 28 year old male living in the hush and bush of a western society. I came here some years ago seeking some goals but soon I lost my grip and I lost , what it seemed at that time my only hope, and since that day I have kept my head down and I have focused on my career and my life around my family. In the past few years I have hardly had time for myself it seems like I have lost my true personality somewhere. For me life is now about just keeping everyone else happy and moving on forward. I have a lovely family (mom, dad, brothers, sister) my beloved wife and my ever so adorable son.

It might sound silly for you to read this but I will write anyway. At times I am driving, walking, on a train or just stood somewhere and a thought crosses my mind why am I here? What am I doing? Am I serving the purpose of my existence? And then I think about life a few years ago when I was with in my family home in Karachi surrounded by my loving family and friends. Everyone talking and having a nice time, having dinner on dastar, special feeling about Ramadan, Eid’s and many other things.

emptiness_is_form
This is where my depression kicks in. I am Alhamdulillah in a good position financially, family wise etc I have got whatever anyone would wish for but the satisfaction is not there. I tend to seek Allah’s help but I fail to pray no matter how much I try. I have tried so many times to get into a habit of reading namaaz but I fail to keep up with it. I have a very strong character and it has become even more stronger after witnessing hardships of life over the years but still in my moments of weakness break down in tears. Despite having money, my own house, a luxurious life style there is still that sense missing sense of satisfaction. Although like I said I don’t pray but I still do try to do all the other good things like Roza, Charity, Haqooq al Ebad, I don’t drink, I eat halal food and I keep myself to myself as much as I can so that I am not wasting time in anything which is listed not good by Allah but still there is this question about the reason of my existence…..

I feel that there is a bigger purpose for me to be alive and but I don’t know where to find that bigger reason. I don’t even know if anyone will have an answer to it or not but I still seek my answer. May Allah has some plans for me which are yet to be revealed I don’t know how long I can bare this inquisitiveness…….

I often sit and think,
In an empty moment of time,
Who am I? And,
What is my purpose,
Purpose of being born,
Purpose of being here,
the answer is the same silence I have been hearing for years..

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Early morning knock out!

December 24, 2008

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This morning I woke up in my usual good moods and got involved in my usual stuff of bugging my wife, leaving the tap open and getting told off and finally going into my son’s room to say morning to him (my son is 13 months old..). Now as you dont know about my son and his usual naughty epsiodes I will fill you in. He is 13 months but nearly crawls out of his cot everyday, he climbs on sofa’s to get to the window so that he can adore the beauties on the road, he is a fan of older women (I am ok as long as he doesnt adore men! lol) etc etc all in all he is always upto onething or another. Anyway, few days back my son fractured his left wrist due to excessive play and his high speed crawling.
This morning when I went into his room to have chat him, his mom followed me (who happes to be my beloved wife) also walked in complaining to my son that I have yet again left the tap open. My son got very excited looking at me (or he was excited that his plan was about to work) and welcomed me with open arms and I as I took him into my arms he rammed his pot onto my head giving me a completely 5 sec knockout…lol. As I recovered I could hear him and his mom  laughing their heads off and I was trying to recover the memories which fell out of my ear. To be very honest, I can still feel the bump on my head and it does hurt a little. Lol

I never thought it could hit me this hard. So what does this mean?  mom and son have already paired up against innocent me ? does it mean that my son hates to see me early morning because I take him out from his cosy cot and take him into my skinny arms ? or was he just testing the knock out effects ?

All this remains unanswered! 
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