Archive for the ‘Pervaiz Musharaf’ 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.

injustice quotes

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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No ample proof on Mumbai attacks: Interpol!!!!

December 23, 2008

Neighbours & Rivals

Neighbours & Rivals

What strategy will India adopt now? Because clearly they havent given any proof to anyone at all. Does this mean that Parnad Mukherjee and has been wasting his energy to pressurize Pakistan and impose a war on it or its just the same agenda as U.S had Iraq concerning WMD….?

www.aryoneworld.net 23.12.2008
ISLAMABAD: Interpol chief Ronald Noble has said that India has not provided ample evidence for arrest of any accused of the Mumbai attacks. While Interior Advisor Rehman Malik has said Ajmal Kasav has sent a letter to Pakistan, through the Pakistani High Commission in New Delhi.

Addressing a press conference alongside with Advisor for Interior Rehman Malik here, the Interpol chief said that Pakistan is one of the victims of terrorism. He termed terrorism a major problem faced by the world.

He said around 1500 people have lost their lives in terror incidents in Pakistan and appealed the world to extend help to Pakistan to curb the menace.

Advisor to Prime Minister for Interior Rehman Malik said that a proper procedure exists for extradition of people wanted to any country. He said he has discussed with the Interpol official the issue of illegal emigrants.

He said Pakistan has offered unconditional cooperation to India for investigation of Mumbai attacks.

Pakistan has imposed ban on Jamat-ud-Dawa in pursuance of the United Nations resolution and detained activists of the group, Malik said.

Malik said that Ajmal Kasav in his letter has requested for legal assistance. He said the name of Ajmal Kasav has not been found in NADRA record.

He said Pakistan is cooperating with the world community over the issue, the world should also extend its cooperation to the country.

The press conference held in Pakistan by the Interpol chief proofs that either India doesnt have any evidence at all or it has very limited evidence and that is the reason they are using pressure tactics just to destabilize Pakistan. It annoying to see out incompetent Defence Minister making sensless statements and our elected PM and non elected President being as daft as they can…

A patriot wraps himself around the flag to defend it; a scoundrel wraps it around himself to defend himself”

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Us Muslims!!!

December 23, 2008

I read an interesting post post at http://karachiwali.wordpress.com , but I dont see the point of it. I dont want to offend anyone but our beloved religion Islam has been highjacked by maulvi’s you have made Islam a male dominated religion and  until we throw the mulla’s out nothing will be set out right.

In addition to this, different people have interpreted Islam in different ways and it has happened soo much soo that the whole meaning has changed. For example, Zakat was supposed to be a social fund so that the society could benefit from it but nowadays people prefer giving Zakat to their poor relatives (most of the times its less than what they are accounted for). I know people take money out of their Pakistani’s accounts just before zakkat’s deducted because,

1. They dont trust the system
2. They think its beneficial to give it to their poor relatives.

The way I look at this, I say this is not right. There should be a transparent system setup to monitor this and then everyone can get a fair share of such a benifit as per their needs.

About, Islam and education. Well Deen and Duniya need to go together. They are like two balls which need to be balanced in the same propotion but I am affraid to say all us grip one of them tight and let the other one slip. These days if anyone keeps a beard then people get worried and say “Maulvi hogaya hai”. People are even scared of giving out their daugthers in religious families because they are jamati’s.  Today education has opened our minds soo much that we have even started to question Allah’s authority.
Boys and girls study in co-ed’s and its not considered bad. Dating is seen as part of our soceity, for boys the high the shalwar the more dangerous he is and for girls the higher the shalwar the more fashionable and rich she is.  What are we trying to achieve here?

Prophet Mohammad, started the first preaching from his own home and muslims from our age start preaching from a different corner.

The interesting thing which I usually try to find an answer to is. Pakistan was made in the name of Islam that is the reason its known As Islamic Republic of Pakistan. But which islam are we talking about ? Sunni, Shia, Baraivi, Deubandi, Ismaili, Kadyani or Wahabi…Because as far as each of these categories go they are called muslims in one way or another.

If the youth of today do want to make a change then you dont need to discuss it on a blog and write some emotional replies and then use TAB+CTRL to look the fresh bollywood news or check out how Angelina Jolie looks  on red carpet. All we need to do is study Islam on our own. Read the books of all other related religions and then see how Islam is better. The five pillars of Islam are not just merely pillars. They are things on which the whole infrastructure of Islam rests on. You are all clever people and none of you needs your hand to be lead into a direction. When Allah will want then you will find the right paths and discover what Hazzart Mosa , Prophet Mohammad, Hazzart Ali and the rest of them did.

I always say “Prosperity lies in testing and learning and testing again”. We need to be true to ourselves. I know I dont get a satisfying reflection of myself in the mirror because I know I am not following the same Islam as Prophet Muhammad thought. But are you guys following the right things ?

I know tons of people who drink on Friday night but look for a halal restaurant to eat. I know parents who let their children go out with white girls but then take them to Pakistan so that they can end up with good brides. The truth is our soceity and culture is becoming a laughing junk.

 

Elbert Hubbard 

“Religions are many and diverse, but reason and goodness are one. ”
The Roycroft Dictionary and Book of Epigrams, 1923

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Benazir Bhutto shaheed?

December 23, 2008
Benazir & Zardari

Benazir & Zardari

Shaheed is a title given to someone who is a martyr, a true patriot, who lives for his/her homeland and dies for his/her home land. Shaheed is a very respectable word which carries great dignity and yet used to blow the bubble of greatness for a corrupt politician like Benazir Bhutto.

It makes me laugh as well makes me angry when I look at the media campaing being conducted by channels like “Ary Oneworld” to portray a positive imgae of Benazir Bhutto. A few years ago this channels (like others) was reporting that Bhutto was one of the most corrupt prime minister of Pakistan. This channel also relayed the figures of monetary scams , how different funds were looted, how china electricity power hub project was shambelled etc etc etc. Then there was a timeline of events which saw the following:-

1. Irresponsible behaviour of media.
2. Dramatising events involving strikes on national securtiy.
3. Decleration of emergency in November by Former President Pervaiz Musharaf.
4. Return of Benazir Bhutto.
5. Assasination of Benazir Bhutto.    

The top three events in time line of media left a sour taste for media againt Former President Pervaiz Musharaf and this is where the sides started to change and suddenly Former President Pervaiz Musharaf became the bad guy and politicians like Benazir Bhutto & Nawaz Sharif were hailed as national hero’s. The media which was reformed, given freedom and given respect by Pervaiz Musharaf finally started to show its true colours againts Pervaiz Musharaf. 

Its sad to see that these days that the channle “Aryone World” is airing unlimited clips of Benazir Bhutto with the caption “Tasveerein jo amar hogein” .  It now seems such an easy task to chair corruption in one of the highest elected office,  get several innocent people kill (including your own brother), then die at the hands of your old allies and you get an airport named after you, get your picture on a 10 R.s coin and have larger potraits as compared to Jinnah’s in televised interviews to international media. Yes, all this is was awarded to corrupt Benazir after her assasination and God knows what else is coming. May be they are thinking to name Pakistan as “Benaziristan”. 

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'Surrey Palace'

Its amazing to see the type of denial Pakistani soceity is being lured into. Benazir was surely great but she wasnt great in leadership, She was great in corruption, killings, lies and deceptive behaviour. She was a great planner in murder of her own brother (Murtaza Bhutto), she showed larger greatness when she shook hands with people who were involved in hanging her very own father, Zulfiqar Ali Bhutto.  For all these reason Pakistani people have accepted Benazir Bhutto as the daughter of east and titled her “Shaheed”. All I say is if such greatness, which all the time talked about, was really there then alongwith returning from a self imposed exile last year she would have brought all that money back into the country, which she and her beloved husband looted in her short but damaging tenure. But no, instead of this  the Bhutto family now enjoys the fruits of corruption and they will keep on enjoying it till the end of Pakistan.
The thing which really scares me is in the past Zulfiqar Ali Bhutto costed the division of Pakistan (We are still paying the price of it) and in the present Persident Asif Zardari might cost Pakistan something more grave. (And we will pay the price of if for the rest of our lives).  

East & West Pakistan.

East & West Pakistan.

These days the coverage being given to Benazir’s death anniversary is something really new to me and I am sure its new to the whole nation of Pakistan as well. I have never ever seen a slide show trying to improve the image of the worst prime minister in the history of  Pakistan. If the media really wants to bring greatness to life then why doesnt the media concentrate on leaders like Mr Jinnah, Miss Jinnah, Liaquat Ali Khan and others who truly achieved greatness by dedicating their lives for the sake of Pakistan….. 

The question arises is.
  “Who will make a difference? There wont be any more Moses or Mohammad…..”


 

 

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