Sunday, March 11, 2007

The Chief Justice of Pakistan


It is time to examine the Chief Justice of Pakistan Iftikhar Muhammad Chaudhry’s record as the head of Pakistan’s judiciary.

During CJ’s 20-month tenure the backlog of pending cases in Supreme Court of Pakistan was reduced from 38,000 cases to around 10,000

Free legal aid was provided to the unrepresented jail petitioners, who could not afford to hire the services of a lawyer.

Additional posts of research officers were created with the aim of improving the efficiency and performance of the courts

Steps were taken to curtail corruption among the court staff by banning the entry of munshies/clerks into offices.

The CJ established a Human Rights Cell within the Supreme Court premises to process citizen complaints. This forum soon became known for providing expeditious and inexpensive relief to members of the general public.

To his credit the CJ worked on a large number of human rights violations - from complaints and letters which he received from aggrieved persons and from press reports – by ordering the relevant authorities concerned to obey the law of the land. These suo moto actions resulted in provision of quick relief to the common man.


His only weaknesses it is believed was a heightened degree of haughtiness and a weakness for fancy official cars, but then these are very common failings among officialdom in Pakistan, a country where every general is driven in a Mercedes.

In the CJ’s defence it ought to be said that the post of Chief Justice is comparable to that of his constitutional associates - the prime minister and president. And for my part I would not begrudge any chief justice a fleet of Rolls Royces if in return he improved the rule of law and the quality of justice in Pakistan.

There is also now a Musharraf-orchestrated complaint that the CJ’s son Dr Arsalan Iftikhar was appointed to a government post that he was unqualified to hold. But then as The News points out:

there is no evidence of any formal request from the deposed CJ seeking any favours from the government for his son or that Justice Iftikhar in any way had pressurized the authorities to do the ‘undoables’ for his son-Dr Arsalan Iftikhar… If Arsalan’s case is probed, it gives a much more serious charge sheet against the government authorities than the already charge sheeted Justice Iftikhar.

Now to the amazement of most Pakistani citizens we discover that our Chief Justice was summoned to and later confined in the Army House, Rawlapindi, like some recalcitrant schoolboy and browbeaten for over five hours by Musharraf and his minions - including Shaukat Aziz and ‘two senior PML(Q) party members’ – who all badgered him to tender his resignation. The CJ resisted these bullyboy tactics and refused to bow to this pressure.

Some seven hours later the CJ, it appears, was reluctantly released, but when he tried to return to his office at the Supreme Court, he was stopped on the road by a police superintendent and forcibly escorted by an official posse which drove him directly to his residence. By doing so, the regime unwittingly revealed to all that a police superintendent can have more legal powers in Musharraf’s Pakistan than the Chief Justice of the Supreme Court.

And so to the present. While there has been no official order of ‘arrest’ or ‘detention’, the CJ continues to be detained in his residence, which remains surrounded by police. His phones have been cut and he has been prevented from communicating with anyone, including members of his family.

In the meantime Musharraf and his underlings continue to blather on about the unquestioned legality of his action. As the lawyer Anees Jillani points out in today’s Dawn that under articles 209 (4) and 209 (6) of our much tampered Constitution:

The president, if he comes to know about a judge’s alleged misconduct through information received from the SJC or from any other source, can ask the Council to “inquire into the matter” to determine whether the judge is guilty of the charge…After inquiring into the matter, the Council shall report to the president as to whether the judge has been found to be guilty of misconduct, and it shall be the Council that will advise the president as to whether the judge should be removed from office. If so advised, the president may remove the judge.

Opposition leader Chaudhry Nisar Ali Khan has stated that the detained CJ is now under tremendous pressure of intelligence agency officials who are demanding his resignation.

According to told Dawn:

[Nisar Ali Khan] said the Chief Justice House was swarming with intelligence officials and the CJP, along with his family members, were confined to one room. He said even his house in Quetta had also been sealed.

In your Blogger’s view Musharraf arrogantly believed that he would have no difficulty in getting the CJ’s resignation. Sadly for him the CJ has proved to be man of sturdier character.
____________________________________________

Having failed to get the CJ to resign the dictator has sailed into uncharted constitutional waters by sending a reference against the CJ to the Supreme Judicial Council after having unlawfully detained him.

Unfortunately the judges of the Supreme Court have a poor track record of standing by beleaguered colleagues. We will soon see what stuff the present lot of judges are made of, particular those currently sitting on the Supreme Judicial Council

If Musharraf can brutalise and unlawfully detain the constitutional head of Pakistan’s judicial system just imagine what he can do any ordinary citizen of the country.

God help us!


____________________________________________

My next Blog will be about Musharraf's possible motives for trying to sack the CJ



23 comments:

Onlooker said...

Update: 9pm PST: Saw Air Marshal Asghar Khan on Geo TV who met the CJ today.
Earlier Asghar Khan had gone to the CJ’s residence and was refused entry by the security cordon surrounding the house. He left leaving his name with the senior at the gate. Later he was contacted by the government and was given special permission to visit the CJ.
The Air Marshal informed viewers that the CJ,who has been completely deprived of all forms of outside contact (including TV, telephones and newspapers), told him the charges against him were nonsensical and demanded that the Supreme Judicial Council hearing should be held in the open so that the public learnt about the real reasons behind the current shenanigans.
Shortly afterwards the Min. of Info Durrani came on lying as usual through his teeth denying that the CJ had been placed in any form of detention. He then cheekily cited Asghar Khan’s visit to the CJ as an example of the CJ’s supposed ‘freedom’.

Anonymous said...

The commando Preisident known for his suprisde attacks must have been very suprprised by the reslience of the Chief Justice.
Not only the strength of the charachter (refusing to resign) of the Chief Justice has suprised Mush and the gang of Mushies but also the civil society, the media and all political parties have surprised the GHQ.
Mush has to look for any political party, media outlet or any shred of a newspaper supporting his attack on the CJ.
Barely two weeks before the All Parties Conference in London, when every body was pointing towards the lack of unity in the ranks of the opposition, Mush has given a big surprise help to the opposition.
Musharraf can put as much pressure on the Supreme Judicial Council members as he wants but those judges cannot be immune to the tremendous moral backlash of the people of Pakistan, media, political parties and the legal community and the bench.
Fortunately, the members of the supreme judicial council are not in a state of incommunicado like their "peer" the "non-functional" Chief Justice.
Whatever decision this council makes, the people of Pakistan have already declared Musharraf as guilty.

Anonymous said...

Now the (mis)information minister Durrani has the balls to lie infront of the TV cameras that CJ went on his own to see the Generalissimo.
But the Preisdent's own website said on March, 9 something opposite.
It said, " ... the Chief Justice was called by the President and the Prime Minister and confronted with the allegations in answer to which he could not give any satisfactory reply."
So the Generalissimo and his poodle convened a summary trial of the Chief Justice, detained him in the Army House till the new Acting Chief Justice was "administered" the oath and then kept under house arrest with no communication with the outside world.
Now Durrani is producing a new lie by the minute that CJ went there on his own. Where is the proof of such claim. Well there is a proof on the website of the President himself. I guess (mis) information does not read what Generalissimo's website is posting or no control to change the contents of the website of the Generalissimo. It was easy to remove the introduction of the CJ from the website of the Supreme Court.

Anonymous said...

Generalissimo lately has talked about the the importance of unity of command.
He wants to be President as well as the army chief because in order to ward off the internal and external threats.
Now that job requres unity of command .
But the way CJ has acted has created new problems for the unity of command.
The best way to handle this problem will be to add a new feather in the cap of the Generalissimo. He should also assume the post of the Chief Justice of the Supreme Court. The unity of command will be complete that way. If that doesn't help, he should fire the remaining judges of the Supreme Court and appoint serving or retired Brigadier rank militarywallahs as the supreme court judges.
I am afraid the epitaph of Pakistan will say:" Killed by its own army!".

Adnan said...

The Official Press Release which has been mentioned by Anonymous could be read here:

http://presidentofpakistan.gov.pk/NewsEventsDetail.aspx?NewsEventID=3578

Anonymous said...

The commando general is becoming a real liability for Pakistan.

Incidentally, www.new-pakistan.com predicted two weeks ago that the intelligence agencies were working on humiliating/pressuring the CJ. It is a website worth checking out.

Anonymous said...

whole nation is really very sad and angry after this decision of General Prevaiz Musharaf. We should strongly condemn that and fabour the oppostion in this case atleast. + dont cast your vote in the favour of Muslim League Q.

Mohammed Yousuf, (Advocate) said...

Monday, March 19, 2007

PRESIDENT MUSHARRAF'S ‘REFERENCE’ AGAINST THE CHIEF
JUSTICE AND THE PRESENT POLITICO-CONSTITUTIONAL CRISIS
By Amicus.

Part One
Presently President Musharraf is faced with the most serious political crisis since he assumed the power on 12 October 1999. Briefly the unfolding of the events may be recorded in a chronological order. Read the lines and read between the lines.

March 9:
1. President General Musharraf ‘summoned’ the Chief Justice of Pakistan, Justice Iftkhar Mohammad Chaudhry, to his Camp Office, located in the annex of the Chief of Army Staff’s official residence in Rawalpindi, and in the presence of Prime Minister Shaukat Aziz sought his resignation. The Chief Justice refused to tender the resignation.

2. Confronted with an unexpected situation, President Musharraf, through a notification sought to make the Chief Justice of Pakistan ‘non-functional’ and decided to send a reference, purportedly, under article 209 of the Constitution, to the Supreme Judicial Council to investigate the charges of misconduct and misuse of authority against him.

3. Not even a draft of reference had been prepared, perhaps owing to misplaced confidence or out of arrogance or in the hope that the Chief Justice would resign under persuasion or pressure. President only had letter of lawyer Naeem Bokhari containing some unsubstantiated allegations against the Chief Justice.

4. Simultaneously, President Musharraf, un-necessarily, appointed available senior-most judge, Justice Javed Iqbal, as the Acting Chief Justice of Pakistan. He was administered oath while the Chief Justice was still under detention in the Chief of Army Staff’s Camp Office.

5. The Supreme Judicial Council was hurriedly formed. Since the senior-most Judge, Justice Rana Bhagwandas was outside the country, the Supreme Judicial Council did not fulfill the constitutional requirements.

6. If the Supreme Judicial Council was to find the ‘non-functional’ Chief Justice guilty of the charges contained in non-existent or yet to be prepared reference, he was to be removed.

7. The Chief Justice was not allowed to go to his office even after several hours of detention. Against his wish, police escorted him to his residence where he was virtually placed under house arrest.

8. The Chief Justice was denied facilities of cable TV, newspapers and telephone. The flags of Supreme Court and Pakistan were removed from his hitherto official residence. Even his name was removed from the Official Web Site of Supreme Court. The Registrar of the Supreme court too was changed.

9. The legal fraternity took the President’s action as unconstitutional and a blatant attack on the independence of the judiciary.

10.The Private TV channels exposed the hollowness and unconstitutionality of the President’s action in their news, reports and discussion programs.

11.The nation was taken aback. The country was plunged into a deep crisis.

March 10
1. The newspapers were full of editorials and comments, and statements of lawyers and politicians condemning presidential ‘reference’. The private TV channels were seized of the matter. There was no respite. The intelligentsia and liberal sections of the society were shocked over the President’s crude action.

2. It was vehemently contended that the government wanted to remove the Chief Justice because he had given bold decisions. His Suo- motu actions in the cases of privatization of Pakistan Steel Mills, the ‘forced disappearance’ of the people, allotment of land to bureaucrats and army officers in Gwadar, etc were cited, as having presumably incurred displeasure of the government and prompted it to act against the Chief Justice. The whole exercise was rendered malafide and motivated by anything but the Constitutional diktat.

3. It was asserted with conviction that the Chief Justice had declined to promise a deputation of intelligence officials that he would uphold as lawful the actions which President Musharraf might take to get himself elected as president in uniform. And that this had left President Musharraf with no choice but to seek his removal before such actions were taken or emergency imposed.

4. The Chief justice remained incommunicado and a heavy police contingent was posted to guard his residence. His family was confined to the house and his son was denied access to his school.

5. All bar councils and bar associations decided to observe a ‘black day’ on March 13 when the Supreme Judicial Council was to take up presidential reference. The lawyers began their agitation, which has continued to this date without let up.

March 11
1. Air Marshall Asghar Khan was allowed to meet with the Chief Justice. He disclosed that the Chief justice wanted the Supreme Judicial Council to have open proceedings.

2. Not sure of themselves, the ministers gave contradictory statements. The Sindh Chief Minister made wild allegations against the Chief Justice. The MQM was conspicuously silent. So did the Chief Minister of Punjab. Ironically both were, reported to have had complaints against the Chief Justice of Pakistan, which allegedly formed part of the reference.

March 12

1. Nationwide protests were reported. 40 lawyers were hurt in baton-charge in Lahore.

2. Two private TV channels were put off air for showing recordings of how lawyers were brutally beaten.

3. The government got visibly nervous and embarrassed.

March 13

1. The overwhelming support of the lawyers for the Chief Justice upset the government.

2. The Chief justice was roughed up on his way to the Supreme Judicial Council.

3. The Chief Justice demanded reconstitution of the Supreme Judicial Council.
4. The Opposition leaders stood by the Chief Justice.

March 14

1. The Acting Chief Justice took Suo motu notice of the manhandling of the Chief Justice.

2. The ‘suspension’ of the Chief justice was challenged in the Lahore High Court.

3. Khalid Anwar and Fakhruddin G. Ibrahim declined to represent the government in the Supreme Judicial Council.

4. The US Assistant Secretary of State Richard Boucher arrived. The US State Department announced that his visit was not linked to the current situation in Pakistan.

March 15

1. Shaken by lawyers’ agitation and spontaneous outpourings of public support for the Chief Justice, the government reportedly initiated talks with the Chief Justice to find a way out of the crisis.

2. Sharifuddin Pirzada expressed his inability to represent the government in the Supreme Judicial Council.

3. A petition was filed in the Supreme Court to declare the whereabouts of the senior-most judge, Justice Rana Bhagwandas.

4. President Musharraf said that he would accept the verdict of the Supreme Judicial Council.

5. Boucher described the crisis in Pakistan as ‘sensitive’ and said that it needed to be handled carefully.

March 16
1. Daylong battles were fought between protestors and the police across the capital, Islamabad, on the occasion of the second hearing of the presidential ‘reference’.

2. The defense lawyers said that no copy of ‘reference’ was provided to them.

3. The police stormed the office of Geo TV. President Musharraf apologized for the attack.

4. The attack on media was condemned. Journalists came out on the streets.

5. The opposition flexed its muscles. The MQM declared that it was not consulted about the reference.

6. The British lawyers assured support to the Chief justice.

March 17
1. The Chief Justice declared that he would not resign and fight the battle for the rule of law and supremacy of constitution.

2. The Federal Minister for Law, Wasi Zafar stated that the Chief Justice was on ‘forced leave’ under section 2 of the Judges Compulsory Leave Order 1970, validated in 1975 under the Validation of Laws Act 1975. A belated change in government’s position?

3. President Musharraf said that he had no personal differences with the Chief Justice. The president tried to save his position by claiming that the government had sent a reference against the Chief Justice to him and as president it was his constitutional duty to send it to the Supreme Judicial Council.

4. President Musharraf termed the police attack on Geo TV’s office in Islamabad a conspiracy [yes ‘conspiracy’] aimed at tarnishing his image.

5. 50 were injured as lawyers and police clashed in Lahore. There is a call by lawyers for countrywide strike on 21 March.

6. Balochistan cities were hit by rockets and bomb blasts.

7. In New York, Benazir Bhutto said that the Taliban must be defeated in Pakistan this year or the country risked to fall under the sway of extremists.

Part Two

The above-mentioned developments from March 9 onwards suggest that the situation is very tricky and has all the potentials to drift out of control.

President Musharraf needs to weigh his options very carefully and take a decision that appears to be in national interest and in the interest of his own survival.

From a hind side, on three counts President Musharraf must be very clear:

1. He did not have the authority to make the Chief Justice ‘non-functional’. His act was unconstitutional.

2. He did not have the authority to appoint an Acting Chief Jusitce nor was it called for or ever occasioned.

3. In the absence of the senior-most judge after the Chief justice, who in the present case is Justice Bhagvandas, the composition of the Supreme Judicial Council is not as per mandatory requirements of the Constitution.

In the present circumstances when the legal fraternity has discussed the whole issue threadbare in bar associations and in public through electronic media, the Supreme Judicial Council is likely to declare its own composition unconstitutional or wait for the return of Justice Bhagvandas to fulfill the constitutional requirement.

Justice Bhagvandas has a reputation for being a man of principles. He is not likely to accept any pressure from executive in dealing with the matter.

The Supreme Judicial Council under Justice Bhagvandas would more likely to declare presidential notification, making the Chief justice non-functiona,l as null and void. Such a decision would be extremely embarrassing for President Musharraf.

There is no guarantee that any fresh reference against the Chief justice as per constitutional procedure would result in his conviction and removal. If the Supreme judicial Council absolves Justice Iftikhar Mohammad Chaudhry, President Musharraf would become laughing stock in public.

The best course for President Musharraf is to admit publicly that he had committed a procedural mistake and to withdraw his notification of declaring Chief Justice ‘non-functional’ and so also his ‘reference’ against the Chief Justice to the Supreme Judicial Council.

In the past we have seen that President Musharraf broke his promise of giving up uniform by 31 December 2004 and explained his reasons to the nation for that. If he is able to convince the people that some advisors misguided him regarding the procedure of filing the reference, the people are likely to excuse him for what happened.

Within a few weeks the whole issue may go into oblivion and become a thing of the past. The lawyers would go back to their business and the opposition would be left without a potentially dangerous issue.

President Musharraf would then be in a position to take a fresh stock of the situation. He may identify the people who made error of judgment or deliberately misguided him. Once the culprits are identified, he may get rid of them in a proper manner. Some heads would roll and the things would settle down.

For future, it is advisable that President Musharraf realizes the limitations in which he has to maneuver. The present political dispensation has lost its worth. If he tries to get himself elected from the existing assemblies without consent of the real stakeholders, he would face an extremely stiff opposition. The country may plunge into another major crisis, the first casualty of which would be Musharraf himself if extra-constitutional forces intervene.

Instead, a sensible option is to take all the stakeholders, including the Pakistan People’s Party, on board and form a government of national consensus.

If needed due to genuine reasons, President Musharraf may impose emergency with the approval of stakeholders and as per constitutional provisions the term of the present assemblies may be extended by one year. The assemblies may elect President Musharraf without uniform for another five years and at the end of the assemblies’ extended period, free and fair elections may be held under the national government.

If the real stakeholders (foremost being the PPP) are not prepared for postponement of general elections, the present assemblies may be dissolved under relevant constitutional provisions, a national government or a government of consensus may be formed and general elections held without unnecessary delay. (This may not be to his liking owing to the fact that he, at the behest of his over zealous advisors, has squandered lot of capital for now).

The circumstances are such that if the dissolution of the assemblies is challenged, the Supreme Court is likely to uphold the legality of dissolution on the ground of state necessity or on the basis of the argument that for holding of presidential election, which is due between 16 September and 15 October 2007, it is imperative that the newly constituted assemblies should serve as electoral college.

Another sensible way is that after the budget session, President Musharraf may persuade the Prime Minister and the Chief Ministers to tender advice as per constitutional provisions for dissolution of the National and Provincial Assemblies. By the second week of September 2007, the new assembles may come into existence to serve as electoral college for presidential election which is, as stated above, due between 16 September and 15 October 2007.

For all these options to succeed, President Musharraf would have to strike a deal with the Pakistan People’s Party on future political set up. The PPP is likely to accept Musharraf as president without uniform provided it is offered a level playing field and allowed to form government in case it is able to forge a majority.

This would take the country back to erstwhile system of ‘troika’. The restoration of the troika system would be acceptable to the armed forces also. It will let the Supreme Court in its place, as the arbiters for convenience or exigency.

Other options are fraught with extreme dangers.

If the legal battle over the presidential reference takes a nasty turn due to any reason and anti-government agitation picks up, President Musharraf may be forced to have unceremonious exit by the armed forces.

If President Musharraf wins legal battle through unscrupulous means - he pressurizes the Supreme judicial Council or bribes or threatens Justice Iftikhar Mohammad Chaudhry to obtain resignation - neither the people would accept it nor the legal fraternity or opposition.

If President Musharraf imposes emergency without approval of the stakeholders or tries to get himself elected by the present assembly without first forging understanding with the stakeholders, he is almost certain to fail.

His emergency may then be followed by martial law.

President Musharraf’s own constituency is already uneasy with him. Some of his policies are resented by strong quarters in the armed forces. It is advisable for him not to go for head-on collision with the opposition.

A recent, motivated, article in The New York Times, has indicated that the United States no more considers General Musharraf as indispensable. If Musharraf goes, the Vice Chief of Army Staff would simply become the Chief of Army Staff and the Chairman of Senate would assume presidency. It would be a re-enactment of what happened in 1988 after President and Chief of Army Staff General Mohammad Zia ul Haq was killed in a plane crash.

When some sensible options are available, why take risk?

Posted by Mohammed Yousuf, (Advocate) at 1:32 PM 0
http://advocateyousuf.blogspot.com

Anonymous said...

"The Chief Justice of Pakistan"

What I find amazing is the fact that the President talks about Chief Justice's son and that CJ's position was exploited for his son's case.

Musharraf's son is studying in "Stanford University, California" in graduate studies. It is an Ivy League college with a minimum tuition fee of $100,000 a year! This is not to count living expenses for him and his wife and lavish travels to and fro India. How does a 3rd world General's son afford all that expense without a job in USA????
Do a simple google search on "Bilal Musharraf".

I agree with one of the comments posted that the CJ should be given a fleet of Rolls Royce for all that he has done for the citizens. Unheard of ever before. Can someone count the number of Mercedes's parked in General's official houses ? A General's wife/s have access to unlimited fleet of cars. We have all known Generals and we have all seen the Begum's misusing official cars with leather cover over star plates on the cars being driven all over Bori Bazar, Bara Market (in case the family wanted to smuggle anything without being stopped at Attock).

This is such a sham!!

Anonymous said...

What is with Altaf Hussain?
On Chief Justice issue his statement that this is a conspiracy against Musharraf and 16 crore awam of Pakistan?

I can understand the consiracy against 16 crore awam but how can it be a conspiracy against Musharraf??

I thought he was the conspirator!

Is Altaf trying to confuse the masses in order to salvage a scumbag?

Anonymous said...

Watch Out for Geo;

Suddenly Geo management is trying to confuse and create divisions in the ranks of lawyers. In the last week different guests have been called giving reasons for supporting the commando general..

Geo is doing it in a very subtle way so watch out.. The other party that is holding it's breath in favour of tin commando is MQM..

Again beware!!

Anonymous said...

When a elected Prime Minister sacks a General (Army Chief), the entire platoon of Corps Commander gang up to defy the legitimate order of an elected Prime Minister of Pakistan. They arrest the Prime Minister, overthrow an elected Government and reinstate the sacked General as the President of a Banana Republic.

When the General takes a similar action against the head of another institution which is none other than the highest judicial authority in a country, he demands that lawyers should not side with the Chief Justice and the Chief Justice should wait for justice from a puppet judicial council as no one is above law and everyone should take their grievances to the courts.

Why did the General not take his case to the courts when he got sacked? Why did he and his team of cronies pick up guns and invade the PM house? If his crony Generals supported him then why should the lawyers not support their leader?

Maybe in the General’s book, only those who carry arms have the right of might!

This is a test case of a turning point of a country’s destiny. Obviously a lot of people will try and sabotage this especially from Punjab. They are from the offshoots of the generation that sided with every master from the British times to serve and flourish. If it was for these people India would still be a colony of the British in order to get awarded titles such as “Sir” or Nawabzada”, etc

Every Pakistani should support the CJ and resist a military dictator or self proclaimed CZAR from making the judiciary a rubber stamp or a foot map for his office. It surprises me that these 3rd divisioner’s FA pass illustrate Generals play with the destiny of a nation or have played for 60 years after dismembering half the country and after loosing three wars. PMA Kakool should be renamed as “Boot Camp for Loosers - BCL”
KAWA1

Anonymous said...

Geo TV. What a coverage it gave on Chief Justice visit to Lahore and address to Lahore Bar.

Geo defied all pressure and stood ground on principles.

My salute to Geo management. Thank you for defying pressure so that future Governments can look back and understand that Geo will never buckle down to political pressures.

The entire nation should be proud of Geo. Please e mail Geo with a note of thanks.
http://www.geo.tv/geop/tell_geo.asp

Anonymous said...

Controversial but True:

Out of the 19 Generals promoted by Musharraf, 9 were Urdu speaking from Karachi and 4 were Punjabi’s. There were no promotions from Baluchistan or Sind or NWFP.

It is hard to understand the mentality of people who migrated from India and currently call themselves “Muhajir’s”. They tend to work with clan mentality and have a desire to rule the entire country with a 13% population representation. Unfortunately the Pak Army Generals supported Musharraf without looking at his origin but the very same person getting an opportunity acts like a true “Altaf Bhai”!

If Musharraf does not change his tactics, very soon there will be a military dissant that can lead to a hostile take over by another General. That will be the first time in Pakistan’s Army and the consequences will be disastrous. There are rumours that this issue is already becoming a topic within the military establishment!!

NOOR BADSHAH ADVOCATE said...

WELL DONE MR. CJ. IN THE DARKNESS OF OPPRESSION AND TYRRANY YOU HAVE ARE A RAY OF HOPE. MAY ALLH KEEP YOU IN HIGH SPIRITS AND COURAGEOUS. YOURS IS THE JOB WHICH COULD SAVE OUR SOCIETY FROM DESTRUCTION AND THAT IS JUSTICE. OUR DEEN SAYS THAT SOCIETIES WHERE THERE IS NO JUSTICE ARE BOUND TO DECAY AND DESTROY. HOW CAN A GRADE 22 ARMY OFFICER CAN BE A LEGAL AND LAWFUL PRESIDENT OF PAKISTAN.
THOUGH OUR JUDICIARY DOES NOT HAVE A COVETOUS MORAL RECORD BUT IT DOES NOT MEAN THAT YOU SHOULD STICK TO THE HSITORY (SHAMEFUL) OF YOUR PREDECESSORS. yOU ARE GREAT. OUR GENERATIONS WOULD BE INDEBTED TO YOU FOR THIS HEROIC FIGHT.

THE LITERATES, COURAGEOUS, SCRUPULOUS, INTELLIGENT, RIGHTEOUS, LIBERALS, PROGRESSIVE, AND SPIRITUALS ARE WITH YOU. NONE EXCEPT YOU HAS EVER BEEN SUPPORTED LIKE THIS, BY SUCH PEOPLE, IN THE HISTORY OF PAKISTAN.

WE ALL ARE MORTALS, ITS THE CHARACTER WHICH LIVES FOR EVER. SMALL PEOPLE DROOLING AFTER MONEY AND LUXURY HAVE PASSED AWAY LEAVING BEHIND THEIR PROVERBIAL BAD NAMES AND WORST HAVE THEY CHOSEN FOR THEM IN THE NEXT WORLD TOO. AND OTHERS WOULD FACE THE SAME FATE.

ITS YOU WHO CAN CHANGE THE FATE OF THIS COUNTRY AND OUR COUNTRYMEN.

I HOPE THAT THE TEACHERS AND OTHER LITERTE PEOPLE WOULD ALSO JOIN HANDS WITH THE LAWYERS TO SUPPORT THE ENDEAVOUR FOR RULE OF LAW. ITS THE TIME WE CAN START OUR JOURNEY TOWARDS FREEDOM, AND HONOR. IF GENERALS COULD DO THIS WITH CJ WHAT CAN WE HOPE FOR COMMON PEOPLE. ALL SANE,WISE AND SELFLESS PEOPLE SHOULD STAND IN SUPPORT OF CJ.

THIS UNLAWFUL REGIME HAS DRIFTED THE SOCIETY. THEY HAVE CREATED AN AIMLESS, HOPELESS, DIRECTIONLESS AND RECKLESS SOCIETY. NO ONE CAN MAKE HONEY FROM POISON. HOW CAN THE SELF CENTERED, GREEDY, SHORT SIGHTED AND CHARCATERLESS SO CALLED LEADERS CAN LEAD US TO A BRIGHT FUTURE WHERE MERIT AND LAW WOULD PREVAIL.

THE OTHER SO CALLED LEADERS ARE WAITING FOR THEIR TURN WOULD BE HARNESSED ONLY IF WE HAVE HAD FREE AND FAIR JUDICIARY. SO BE FAIR TO YOUR SELF AND YOUR COUNTRY, DONT WAIT FOR ALLAH, ALLH DOES NOT HELP THOSE WHO DONT HELP THEMSELVES. RISE FROM YOUR TINY GREED/FEAR CIRCLES AND JOIN A BIGGER CAUSE , ALLH ALMIGHTY WILL HELP US.

THERE IS NO BAR ON POLITICAL APRTIES TO JOIN A NOBLE CAUSE. HENCE THEY SHOULD NOT WORRY ABOUT THE DURRANI AND SHERAFGAN SAYING, THAT SIASATBAZI HO RAHI HAY. IN FACT THEY DONT HAVE ANY CONCEPT OF REAL POLITICS WHICH IS IN FCAT ERVICE FOR COUNTRY AND FELLOW HUMANBEINGS.

WELL DONE CJ AND I PRAY THAT OUR JUDICIARY MAY PLEASE BE BE JUST TO THIS COUNTRY.

Anonymous said...

A SIMPLE "GOOGLE SEARCH" FOR BILAL MUSHARRAF REVEALED THIS! Incidentally the search reveals Bilal currently a graduate student in Stanford University, California. While this may pass off unnoticed, you might be interested to learn that it costs almost $100,000 in tuition cost alone. With no job to pay for tuition and lavish travel that Bilal undertakes, I wonder how the General explains his son's extravaganza while criticizing the Chief Justice on similar pretext..

Bilal Musharraf
From Wikipedia, the free encyclopedia
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Bilal Musharraf is the son of Sehba and Pervez Musharraf, who are the First Lady and President of Pakistan, respectively. Bilal is married with two children, as is his only sibling, his sister Ayla.[1] In 2005, he visited India with his octogenarian grandmother; the visit attracted considerable media attention.[2]

In March 2005, the family was held up at a San Francisco, California airport because security personnel detected traces of TNT in his son's diaper bag; they missed their United Airlines flight, but were cleared to depart and caught a later plane.[3] Additionally, his father has been criticized for allegedly allowing government contracts to Bilal's father-in-law, Aftab Siddiqui, a retired army officer who is a civil engineer with an MS from UC-Berkeley.[4]

Articles "Evaporation Drops the Temperature," and "He had no choice!" that appeared on the web portal "Chowk" are credited to him.[5][6] Bilal graduated from University of Illinois at Urbana-Champaign in 1994 and is currently a graduate student at Stanford University.[7]nopralud

Anonymous said...

MQM; Nothing makes me more bewildered than this political party and it's henchman "Altaf".

They murder scores of people on May 12th to block CJ's visit to Karachi. Then they go on a blame assault whilst threatening to quit the government because some members of PML (Q) condemned their action or did not come out immediately to support MQM?? Their leaders come on cable TV crying like women (sorry don't want to insult females but could'nt think of another phrase) blaming everyone for all the ills...

....and further more the other thing that surprises me is "The President of Pakistan" siding with MQM at risk to his political future and forcing PML Q to side with MQM. He drops not a single tear for all the dead?? Over my 55 years of age, I have seen a lot of political filth whether it be Pak Army rule, PPP, PML (N) and others but this ethnic cleansing I have not nor I have seen a President ever so openly side with political party with blood on their hands. The entire Pakistan is unanimous (including media) as to who was behind this massacre except Musharraf? I hate to say that he is putting "baradari" over his national duty.
I am shocked along with millions and millions of other Pakistani.

I have supported him for 7 years taking numerous battles with friends over social gatherings and belittled myself as somebody who will always be a slave of establishment and wardi because of my deep family entrenchment in military.

This was the last straw because I could never imagine an army officer fall so low..

Anonymous said...

he total promotions were 13 to Generals out of which 9 were Urdu speaking, 4 were from Punjab, no Sindhi, no Pathan or Baluchi.

I think it was a pre-planned move to ensure a life time Presidency. The 12th May episode of Karachi was also a pre-planned drama to show the military officers and others that any move to shake up the status quo (Musharraf / Presidency) will and can result in Karachi going out of hand.

Musharraf is using the same tactic that Altaf has used to over 15 years now. Maybe they plan together.

Question is that others within the armed forces are watching and continuation may result (for the first time in Pakistan’s history) an over throw by Army of it’s Chief of Staff. Musharraf should not be too confident or arrogant because time is running out for him. His is basing his strength completely on Uncle Sam without realizing that their support can fade away as fast as it came… Ultimately he needs his Army and the support of the people to survive. His current stance with MQM has opened the eyes of the entire nation recognizing that Musharraf is nothing more than a “Sector Commander” of MQM sitting in the Presidency.

Anonymous said...

Here's what I feel:

MQM understands that it can never rule Pakistan because of it's strength in numbers. No matter what they call themselves, it is strictly a Muhajir party.

It can only continue to rule from the center if Musharraf (an Urdu speaking General from Karachi) continues to function as the President. they understand that his strength comes from the uniform and therefore MQM will sabotage any move to pressurize him to remove that uniform.

Things would be different if Musharraf belonged to Jehlum or any other city of Punjab or Frontier or Baluchistan.. MQM would have been in the fore front fighting for the reinstatement of CJ..

Please call a spade a spade...

Anonymous said...

Rice resists Pakistani PM's "gigolo charm": report

Mon May 21, 7:30 AM ET

ISLAMABAD (AFP) - The Pakistani prime minister's charm failed to work its magic on steely US Secretary of State
Condoleezza Rice according to a new biography of her, the Dawn daily reported Monday.
ADVERTISEMENT

The book describes in excruciating detail how Shaukat Aziz allegedly tried to impress Rice when she visited South Asia in March 2005, according to the newspaper.

Aziz "tried this Savile Row-suited gigolo kind of charm: 'Pakistan is a country of rich traditions,' staring in (Rice's) eyes," the biography's author Marcus Mabry writes, citing participants at the meeting.

"When Rice sat down with Prime Minister Shaukat Aziz, who fancied himself as a ladies' man, Aziz puffed himself up and held forth in what he obviously thought was his seductive baritone," the book says.

"He bragged -- to Western diplomats, no less -- that he could conquer any woman in two minutes," writes Mabry, according to Dawn.

Aziz, who is married with three children, was out of luck.

"There was this test of wills where he was trying to use all his charms on her as a woman, and she just basically stared him down," the newspaper quoted Mabry, a senior correspondent with Newsweek magazine, as writing.

"By the end of the meeting, he was babbling. The Pakistanis were shifting uncomfortably. And his voice visibly changed."

Pakistan's deputy information minister Tariq Azeem said that Aziz was only being polite.

"The prime minister wanted to be nice with Dr. Rice," Azeem told AFP.

"Our tradition is that we should talk to women gently and decently and this was what the prime minister did."

Aziz, 58, had a successful career in international banking before moving into Pakistani politics.

He had postings around the world, including in London, Athens and New York, and rose to be vice president of Citibank in 1992.

He became Pakistan's prime minister in 2004, serving under military ruler President Pervez Musharraf.

The biography, entitled "Twice as Good: Condoleezza Rice and Her Path to Power", is published in the United States by Rodale Books.

Anonymous said...

An interesting article by Eric Margolis of Toronto Sun.

The Chief Justice was brought to the office of the Army (illegal) chief and pressure was put on him to resign.

Today Mir Zafarullah Jamali was brought in to the same office to pressure him not to resign.

A reference was brought against the Chief Justice for using a government helicopter.

On May 12th. in Karachi government officials tried their level best to forcibly put him in to a helicopter.


In Karachi the Chief Minster Arbab Rahim says 'We will not allow any one to disturb the peace' We will do it our selves!

KAWA1 said...

A full General is worth Rs 500 million+
First, here are some details about Dr. Ayesha Siddiqa-Agha.

Her expertise: South Asia, military expenditure, arms control, arms procurement.

Her Brief Bio:
She did her doctorate from King's College, London in 1996 and has worked on issues varying from military expenditure, defence decision-making, nuclear deterrence, arms procurement, arms production to civil-military relations in South Asia. She is also a Ford Fellow and more recently Pakistan Scholar at t he Woodrow Wilson International Centre for Scholars.
She began her professional career with the Pakistan navy as the Director of Naval Research, making her the first civilian and woman to work at that position in Pakistan's defence establishment. She writes for various international journals such as: Journal of Asian Affairs, Journal of the European Institute of Asian Studies, Jane's Defence Weekly and the Bulletin of Atomic Scientists. Her major publication to date is the book Pakistan's Arms Procurement and Military Buildup, 1979-99: In Search of a Policy (Palgrave Press, 2001).

The reason for the above blurb on Dr. Ayesha Siddiqa-Agha will soon become apparent; I simply wished to establish her credentials and highlight the fact that she is no intellectual light weight in her specialized field of knowledge.
Dr. Ayesha Siddiqa is a scholar of Pakistan's military and security affairs and a regular contributor to several Pakistani and internationally renowned opinion journals. Currently she is a fellow at the Woodrow Wilson International Center for Scholars in Washington, DC where she is busy writing her latest book "Military Inc, The Politics of Military's Economy in Pakistan". In it, she analyzes Pakistan military's vast commercial interests and its economic predation since 1953.

Ayesha Siddiqa also writes on Pakistan's military affairs for Jane’s Information Group. She was asked to work as the Director of Naval Research with the Navy making her the first civilian and woman to work at that position in the Pakistan defense establishment. She has a doctorate in War Studies from King's College, London in 1996.

despardes.com's Editor-in-Chief Irshad Salim conducted an online interview with her on the subject of her upcoming book, Pakistan affairs and post 9/11 scenario.
Question: So what is this book about?
Dr. Siddiqa: This book is about military business operations with a case study of Pakistan.
Question: So what prompted you to write this book?
Dr. Siddiqa: I was a civil servant. During the course of my work I had to deal with numbers of military spending and doing that one slowly realized that a lot was hidden. It is the search for numbers that took me in this direction. The other thing is that it is essential to understand the dynamics of the institution that virtually controls Pakistan's past, present and future.
Question: Ok, so who did you work for as a civil servant?
Dr. Siddiqa: I joined the civil service in 1988 and left in 2001. Served in military accounts, defence audit and later the navy.
Question: Going back to the Pakistan army’s business, what are your findings?
Dr. Siddiqa: Several. First, the military has become predatory engaging in political and economic predation. Second, political predation is not complete without economic predation. Third, military has mutated into a separate class that shares interests with other members of the ruling elite. Finally, because the military protects its vested interests, it leads to alienation of the masses.
Question: When did all this start?
Dr. Siddiqa: It dates back to the early 1950s. The business ventures were started with the establishing of the first foundation called the Fauji Foundation in 1953. This was established with the war veteran's rehabilitation fund of Rs. 18 million.
Question: Why do you consider forming Fauji Foundation a predatory step by the army?
Dr. Siddiqa: Listen you have to understand the concept. A politically strong entity that engages in political predation needs to feel economically or financially autonomous. This completes the picture of predation. The generals thought that they wanted to establish independent means of providing for their welfare and not depending on the civilians like it happened in India. The financial autonomy gradually created the logic for greater interest in political control .
Question: Give me one or two instances when the 1953 move swirled into predation.
Dr. Siddiqa: It started right then with Ayub Khan and his cabal getting agricultural land and establishing independent means for themselves.Look at Ayub Khan. He not only got several squares of agricultural land in Sindh, he also established his sons into business. Look at the entire lot of generals at the moment. A Major General has a legal worth of about Rs. 300 million [Rs. 30 crores]. These are conservative estimates.
Question: Going back to Pakistan army's economic superpower...What percentage of the GDP and GNP is it?
Dr. Siddiqa: This is difficult to calculate but their own estimates are about 4 % of GDP. I would say that their share in private sector assets is about 7-10 percent of private sector assets . This is a large number for any single group.
Question: Can you translate that into crores?
Dr. Siddiqa: 7-10 percent of private sector assets cannot be translated but I can give you another figure: They are worth about Rs. 200 billion. It is just the business. If you put in real estate then we are talking about a Rs 1 trillion plus economy.
Question: You mean Pakistan army's side economy?
Dr. Siddiqa: Yes. This includes real estate, businesses done by subsidiaries, organizations and individuals. You have to understand that this economy is predatory by nature because it does not accept any form of civilian control over it. It is independent in terms of planning, appropriation of funds, etc .
Question: If Pakistan army's assets total Rs 1 trillion can they fund Pakistan’s annual budget wholly or partially if they have to?
Dr. Siddiqa: This would, converting these resources into liquid assets and then it would be possible to pay. A lot of these resources are state resources that could provide for military expenditure and more. It is difficult to say that this money would fund the entire budget. Of course, it can but over what period? These assets were acquired over time and their value should be added to the annual defence budget.
Question: What was the defence budget for the year 2001?
Dr. Siddiqa: 131 billion. If you add these numbers the budget would escalate to over Rs. 400 billion
Question: When you left in 2001 how many generals, etc were there who form the command structure of Pakistan forces?
Dr. Siddiqa: Brigadier and up would be a few hundred.
Question: So if we assume 100 then 100 times 300 million = 30 billion is the legal worth of army's command structure correct?
Dr. Siddiqa: it is more but don't get into these fancy numbers... Plus the higher you go the more pricy you become. A full general is worth Rs 500 million [Rs. 50 crores] plus (Say £5 Million or US$9.8Million)
Question: How much land does the forces own in each province?
Dr. Siddiqa: Difficult to bifurcate but to give you a taste - they own about 7-9 million acres in Punjab alone
Question: What percentage is it of whole of Punjab?
Dr. Siddiqa: I am still trying to figure this out. It is not an issue of what percentage is this of Punjab but that a major portion of state land is appropriated by one group
Question: What about Sindh?
Dr. Siddiqa: My sense is that it is less in Sindh
Question: Why is that?
Dr. Siddiqa: Most of the land is around the 2 barrages constructed after independence. Because they didn't make new barrages.
Question: What is their modus operandi in getting these lands allotment
Dr. Siddiqa: 10 % of land, according to the 1912 Colonization of Land Act, is allotted to the military
Question: 10% everywhere?
Dr. Siddiqa: Yes it would be everywhere land is found. Colonization of land refers to each land reclaimed due to creation of water channels and other irrigation projects. However, they tend to get more in Punjab
Question: Does India have this act too?
Dr. Siddiqa: No. They got rid of such acts when they did land reforms. Remember India is a state moving towards capitalism. A capitalist state would not create means for institutionalizing feudalism
Question: Are you saying Pakistan army has institutionalized feudalism?
Dr. Siddiqa: I am saying that it is a feudal institution as well
Question: So in that case their interests converge with feudal system correct?
Dr. Siddiqa: Yes
Question: Do you think they resisted land reform along with the feudal?
Dr. Siddiqa: I wouldn't say that they resisted but they had sufficient stakes not to pursue a policy that had a negative impact on their benefits. For example, who buys the land the Faujis sell? The local feudal or the new rural capitalist class that is equally feudal in nature. Why should the officers then try to destroy the class that bails them out financially. After 1999, generals have started to keep their lands
Question: What happened after 1999
Dr. Siddiqa: Since the value of land has gone up, especially after 9/11, generals now keep lands and have turned into absentee land lords
Question: Why did the value of land in Pakistan go up after 9/11
Dr. Siddiqa: Because of the money that started to flow in from Pakistani expatriates plus other Muslim countries
Question: What is their modus operandi in getting these lands allotted to generals individually and to their housing societies collectively?
Dr. Siddiqa: The provincial governments allot the land to the Ministry of Defence who then gives the land to the three services for further dispersal. The land is also given to the Jawans but the quantity is lesser than what is given to the senior officers. Plus, the generals get greater facilities in making the land cultivable.
Question: All this is based on 1912 colonization of land act that India got rid of and Pakistan still has ?
Dr. Siddiqa: Yes, but they have done alterations as well. For instance, the act does not say that land meant for operational purpose be appropriated for personal use. It is against the law
Question: Are you saying that land meant for operational purposes are or have been appropriated to the generals for personal use or to the housing societies?
Dr. Siddiqa: Of course. All land in the cities is military land turned into housing colonies
Question: What is the conclusion of your book?
Dr. Siddiqa : Simple: The political leadership in Pakistan has to negotiate the military's gradual withdrawal from the economy if they want democratic institutions to grow
Question: At what value does the army buy land?
Dr. Siddiqa: Between Rs. 30-60 per acre .( or 30-60 pence per acre) In some cases they pay more. This refers to the private housing schemes
Question: You mean in Defence Society in Karachi, the army gets land from the provincial govt for 30 to 60 rupees an acre only?
Dr. Siddiqa: There are 2 methods for getting land. All the military land converted for personal use is given at the ridiculous price I quoted. Then there are other schemes where they pay a little more. For instance, the Cantonment Board distributed plots of 500 yards each by appropriating part of the parking lot of the Karachi stadium. Each plot was for about Rs 600,000 (say £6000 against a market value of £100,000 - £150,000)
Question: What was the fair market value of each plot at that time?
Dr. Siddiqa: One and a half crore
Question: Who got these plots?
Dr. Siddiqa: Generals. The bulk goes to generals. This was done by General Tauqeer Zia. As Chairman Cricket Control Board he authorized himself to return this land that once belonged to the Cantonment Board for further distribution- (In short the real robbers and thieves are the GENERALS and their cabal)
Question: Any more instances of such land grabbing?
Dr. Siddiqa: The entire Lahore Cantonment was turned into housing schemes. In fact, except for Defence phase I & II (Lahore), the rest of the land does not even belong to the military
Question: How many acres is Lahore Cantonment, if you know?
Dr. Siddiqa: About 8000 to 10,000.
Question: What is its fair market worth now
Dr. Siddiqa: Runs into billions. It should be around Rs. 700 billion
Question: What was the "grabbing price "
Dr. Siddiqa: As I said, Rs. 30-60. This is the rate that officers pay
========================
Personal message: It is about time to do the following;
· Start a movement to oust the ARMY from political power
· Create a method to elect an honest leadership both in PPP, Muslim League, MQM, and other parties.
· Have proper elections
· Control the asset distribution by the ARMY Mafia. A proper regulated system should be devised.
· Control the Assets of the Fauji Foundation and open the books to proper audit
· Perks as land, plot gifts should be controlled or perhaps banned.
· Make laws of severe punishment for the Generals to stop them from taking political power and that their prime duty should be Defense ALONE
· Investigations of lootings by the Army Generals especially the Core Commanders (including the millionaire Core Commander Lahore who has benefited most recently)

slw1111 said...

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