Adil Najam
Disgraceful behavior by Pakistani politicians is not restricted to our Federal Minister of Law, Justice and Human Rights Chaudhry Mohammad Wasi Zafar… see the earlier ATP post accounting his ‘encounters’ with lawlessness.
It turns out that a certain Mr. Abid Ali Umang, MNA from Muttahida Qaumi Movement (MQM) has similarly confused ideas about what the ‘priviliges’ of being a politician should be. This is how Dawn (16 July, 2006) describes the events under the headline ‘MNA carrying gun creates scene at airport’:
Unruly scenes were witnessed at the Islamabad airport’s VIP Rawal Lounge on Friday night when a parliamentarian belonging to the ruling coalition insisted on carrying a firearm aboard and hurled threats at the Airport Security Force (ASF) official on duty. Sources said Muttahida Qaumi
Movement (MQM) MNA Abid Ali Umang along with his colleague MNA Mohammad Pervez Qureshi arrived at the Rawal Lounge to take a PIA flight (PK-319) to Karachi. The two legislators were allowed to enter the lounge without a security check after they identified themselves as MNAs. However, when the ASF official on duty inquired about the contents of a bag carried by Mr Umang, the latter replied: “There is a pistol in the bag.� The ASI told the lawmaker that carrying firearms was strictly prohibited, therefore, he could not proceed.
This infuriated the MNA and he entered into a fiery dialogue with the ASF official. Later, the ‘protesting’ MNA was also joined by his colleague. As tension mounted, the ASF chief security officer rushed to the scene at around 10:30pm and settled the issue through talks. The security chief also tender an apology to the minister and transferred the ASF official to some other section of the airport. The sources also quoted the MNA as saying that he would move a privilege motion in the National Assembly if the ASI concerned was not dismissed from service.
Meanwhile, the MNAs never made it aboard the Karachi-bound flight as they were not holding confirmed tickets.
I am certainly glad that they did not board the plane with the gun. I do think that a privilege motion (or some sort of a motion) should be moved in the Assembly on this incident. But it should be against the two MNAs and to commend the ASI.
Please, don’t anyone tell me that this proves that we are not ready for real democracy. No. This does not mean that at all. It only means that we have to start electing a better set of people and it means that we still have people like the ASI in this case who are willing to stand up for law and justice; even if the Minister in-charge of that portfolio is not.
My thanks to Talha Masood (blog: My cosmos…) for altering me to this news through a post in Metroblog Islamabad.
12th May Anniversary, new challenges
By: Amjad Malik
April was a month to celebrate the birthday of our national poet Sir Allama Mohammad Iqbal who with his visionary poetry tried to wake our long slept nation as well as ummah and declared our youth ‘eagles’ who with their strong character and intelligence will earn repute for their country in the community of nation. However those eagles were burning people alive in the chambers of Tahir Plaza on the sad day and Karachites saw the vivid reminder of them all of the 12th May massacre when Chief Justice was returned from airport and his colleagues were expelled, dead bodies were lying in the streets and goons were operating for good 6 hours shutting down all accesses to justice and by silencing the voice of channels through bullets. The answers to unsolved mystery are yet to be answered by a high powered commission.
England too saw northern Ireland conflict where people of Ireland fought for their rights and struggled with their political faction (Sin Fein) and advanced their argument with violence wherever they thought through IRA (Irish Republican Army), however in the end to get accepted nobly they had to lay their weapons to sit with the loyalists of the country to make a strong political argument.
I believe that drive of MQM to canvass nationally for elections was a way forward to get accepted nationally that they have a role to play in national politics and it would have been a service to the country if that had happened. However 12th May was a day which badly damaged their national role and all thanks to the policy of one man. If on that day the party had refused to do dirty what Choudharies already rejected on 5th May in Lahore, Mutaheda would have secured reputation as well as some stance that they have an independent position in the ranking. However, rather than renouncing violence, arson, blackmailing, harassment and subjugating the will of free people, they have failed to protect the public on the 9th of April 2008 and people witnessed the worst of its kinds atrocities in the form of burning law chambers as well as burning human beings alive.
Whatever the argument for or against operations against a political party, it was a wrong one, political matters are best to be dealt with politically on negotiation tables. However, when one tries to solve problems with might, it always backfires and same applies to Karachi. People of Karachi are under siege devoid of free will and a voice as their voice is nipped and they are portrayed as victims. This internationally renowned city has a lot to offer to the country in its national development. All the commercial business as well as the main port for transportation of goods is situated in the city. Quaid e Azam international airport is one of the biggest of the country and its time that the people of the city are served the way they truly deserve.
People of Karachi despite having talent, skills and intelligence have housing as well as employment issues. Multi story flats are housing millions without proper care and national service facilities despite the fact that Altaf Hussain have read the blue print of UK public service system where in 6 minutes police, ambulance and fire brigade come at the door of a person who dials 999 in emergency and hospital treatment, basic education and most of the services are free for all indiscriminately. Why similar treatment is not offered to the people of Karachi in last 9 years, and they are thrown in the cross fire is questionable. The state of the art development which is offered in the last nine years falls a victim to the atrocities or riots at the hands of one or the other political rivalries and rather than youth competing with Indian counterparts in contributing national development, art, science, and IT, instead they have guns in their hands and mask on their faces fighting politics of lost cause.
MQM is a political reality in Pakistan and has a lot to offer. Time has come to learn from the mistakes and experiments in the west where no one could win the struggles of their rights by using might or weapons example of Sin Fein in Ireland, and role of Nelson Mandela in apartheid is a clear path to follow if people of veteran Altaf Hussain truly wish to translate his majority into achieving physical objectives. National reconciliation is not a box of chocolates limited for ruling elites it applies to MQM, BNP,ANP and all others who have nationalist instincts the only condition is that time has come to abandon militant outfits of the political party as Pakistan does not afford any confrontation. In this light, MQM’s decision to sit in opposition will promote democratic spirit and their role must be accepted and protected too.
Quaid e Azam in his tomb must be seeking answers to the very question that if he has not achieved independence, at least it would not be Muslims who would burn each other in Karachi as the blame would have gone to opposition like in Gujarat riots. Is it not time that we all transform this country into Quaid’s Pakistan and policy of live and let live is followed in its true spirit. At this twilight a decision needs to be made that Karachi will talk of national politics but not through bullets, and that’s what people desires from public representatives to protect and represent the people.
14 April 2008
Innocent until proven guilty
By Amjad Malik
In last 36 years only one judge has been tested through Supreme Judicial Council Mr. Justice Shaukat Ali and that was in 70’s since then though judiciary had been more or less a spectator in all major constitutional struggles and could not play a due role either due to ‘law of necessity’ invented by Justice Munir or PCO’s introduced by military hierarchy. One thing is sure that in the past most of the judges caved in soon they saw an army man standing outside or inside their house telling them that they are fired unless resign otherwise and thus no struggle for judicial independence could take place from inside the judiciary until the day of 9th March 2007. Bars and Bench act like a glove in hand and they can only struggle for rule of law if the victim itself stands for supremacy of constitution.
Its rule of natural justice that a person accused of any allegation is innocent until proven guilty. Chief Justice is made subject to negative frenzy & media trial which is seeming one sided. On 20 March BBC published the whole of the government dossier which was leaked to them contrary to a gagging order by the tribunal hearing the reference against the Chief Justice. Wide circulation of the letter of film star cum lawyer all around and Govt Ministers without restrictions holding press conference(s) and issuing statements and highest office holders attending special live interviews about chief Justice’s personal life which is now sub judice for Chief Justice also give rise to serious questions of fair hearing of the reference and throw doubts about the true motive of the Government behind this reference.
Its rare in British justice system in last 400 years of this ever occurring, even Government of Blair since 1990’s which took controversial and split decisions like Iraq war has been challenged on various fronts by Law Lords whether it is the issue of ‘detaining foreign nationals’ or putting foreign national who cant be deported and pose threat to state under virtual house arrest under ‘controlled orders’. UK Ministers have been crying out helplessly but no executive had the guts to challenge the authority of the highest judicious office, let alone mal handling. Even matters involving national security does not allow challenging the authority of high judicial office.
All the happenings in Pakistan give a picture of Pakistani government as being intolerant and weary of free press and rule of law and can not stand even positive criticism. Nation is right in feeling that if all this is not stopped at the earliest stages it will not end here as we have witnessed some horrific developments since 9 March despite there being only one precedent so far in the case of President of Pakistan v Shaukat Ali PLD 1971 585 which is prior to the formulation of the Constitution of Pakistan1973. People need answers to serious questions which has arisen from this crisis and Apex court has the key to those answers because of the sensitivity involved around the office of sitting Chief Judge.
If today Lord Chief Justice Iftikhar Mohammed Chaudhary is removed unconstitutionally, what guarantees lie ahead that any future Chief Justice if challenges the govt over their inefficiencies, abuse of power, corrupt practices or intends to hear any controversial case against the Govt may not be removed arbitrarily and detained by announcing and filing merely a plain reference before the judicial tribunal (SJC) challenging his personal conduct and is not humiliated publicly as was the case with the current chief Justice whose protocol was withdrawn, liberty was snatched, coat was torn, national flag was taken off his residence and his cars were fork lifted and shown on TV live to give a strong message of ‘might is right’ to the nation. It does not end here he was later mal handled and was made subject to worst media trial at the hands of 68 Ministers of the current Govt. on top of that he is gagged by a tribunal order and cant even answer those allegations. In any event judges speak through their judgments as they are not political leaders and current chief has many judgments for public. In these circumstances can he get a fair trial is any body’s guess but to me not at all.
We must learn an other lesson or at least attempt to learn one, and nation is right in demanding future guarantees as It’s a dangerous tendency to disrespect the office of the sitting CJ who is a guardian of justice and messiah for all those who are victims at the hands of unbridled police and law enforcement agencies who does not read law, and notice their duties and follow orders from top without looking into their legality and only Supreme Court itself from its own internal mechanism can address and challenge it and may save this institution by due consultation, wisdom, patience and bring the state out of this constitutional crisis.
Rule of law has its own price and at this moment Pakistan needs a ruler who can make rule of law a distinctive feature of his governance and eradicate all the evils in civil society and ensure justice at the door step of a common man. All this is happening because tracheotomy and balance of power is non existent and all the power is in one man’s hand. Only fair, faster and firmer justice and free elections can ensure that civil normalcy returns as soon as possible in Pakistan. Pakistani people can live in poverty a little longer but living in an unjust society’ where their own chief justice begs for justice and rule of law is unthinkable. It’s a dangerous tendency to try to tame the important pillar of state and intimidating the office of Chief justice and there is still time as the Ginny is not totally out of bottle yet to save the nation from this uncalled for judicial crisis by restoring & reinstating The Chief Justice honourably. Its not me alone, the whole world is demanding reinstatement with apology.
Amjad Malik is a life member of Supreme Court Bar Association and & a Solicitor-Advocate of the Supreme Court (England) and Chair of Association of Pakistani Lawyers (UK).
21 March 2007
Yet an other blow on the weaker judiciary of Pakistan
By Amjad Malik
Yet an other black day in the short history of Pakistan. Last full decade of Army Chief cum President General Mushraf is full of black days, and it has happened so many times that we feel reluctant to call it a black day.
On 12 October Army came to Capture capital in defiance of Prime Ministerial orders and that was considered a black day, Chief Justice Siddiqui was made to go home and Judges took oath under PCO, again that was called a black day and now again Chief Justice was in some what similar style and circumstances was confined and reduced to a normal man, now critics call it again a black day. I differ as it is under statement, we must reconsider as we can not have 3 black days in 10 years. So lets call it a ‘Chief Day’ one chief tells the other as to who is real chief, the other chief tried to be chief and real chief confined him to a chief he really is in a chiefly manner.
In the west the news was taken that an Army Chief called the Chief Justice in his army camp, asked him to leave honourably or face the wrath and upon his refusal confined & reduced him till the evening against his will and shuffled the whole Supreme Court and put a reference against Chief Justice in the Supreme Judicial Council who will hear dozen of allegations full of metal against their peer on 13 March 2007. That’s the way the current government is used to changing ‘thanidars’ and the same way they have decided to change the Chief Justice
Irony is that his fellow judges rather than enquiring the well being of their Chief and ordering for his production and availability in Supreme Court so that proper consultation could take place as to resolving the President’s reference to (SJD) Supreme Judicial Council via full court reference and judicial interpretation of Article 209, instead they went ahead and took oaths as was desired by an other Chief and people saw them congratulating each other on this victory. We see that when its time of Judicial unity you can always find judges who would come forward and act against their own peer, army does not do that when time comes, and they always boost of this quality.
Now we must look at reasons as to why chief has to go. I spoke to a few friends who were saying since x-mas that chief is going then came Arsalan (his son’s) issue, letters started circling here and there and a story in popular channel in Pakistan on bribery in judiciary and last nail in coffin a letter purported to be from Naeem Bhukhari which was highly circulated as I myself received it from USA. These were the chain of events that gave rise to intelligent bye slanders that ‘cookie is cooking’ and cat was out of the bag on 9th March. Why it happened is very crucial. I think Chief was acting as a real chief. He gave a very popular judgement in public against steel mill sell off, he was hearing cases of missing people which was against the desires of intelligence top brass, he gave access to truly affected people like Sonia Naz & Mukhtaran Maee against the wishes of Police though he may have gone little bit far in doing so. And he was about to decide very few important constitutional matters in next 6 months and looking at his track may be ‘they’ were not truly satisfied whether he will given them in levy. I think they panicked.
I personally am in favour of judicial activism when government of the day fails to deliver truly the relief people deserves, unconstitutional means follow when constitution fails to address the real issues now I feel our favourite general is entering into that regime and next 6 months are very crucial for him. The way Chief Justice was aggravated by attacks on his personal life for last 12 weeks, similarly I feel he himself is taking aggravated decisions and critic says he has shot on his own foot by sacking the Chief Justice.
I myself am a witness of the fruit of pro active judicial work when Chief Justice last year upon my request asked IG Punjab to register a case of murdered women in Gujrat upon the request of his elderly parents over 70 years of age living in UK. The girl was brutally bruised and killed and later was buried without her parents present by her husband. Even after Chief’s intervention FIR was registered good 6 months after her death. Though they still did not get trial or complete justice but this gives the reader an idea of state of play. We can not punish him for the good he intended to do in the country.
How this change procedurally has been carried out is a mockery pf justice. Even chief justice deserves justice and due process of law, he is not above law. Article 209 is very clear. Chief is always chief. He can not be tamed, confused, reduced and confined. He could not have been called to army camp and humiliated by asking to resign. Filing reference was President’s prerogative and after filing that Reference CJ should have been allowed to attend SC and decide as to the fair conduct & hearing of that reference and peers would independently decide on it. They had already done so in the past at the time of unprecedented clash of views when Honourable Sajjad Ali Shah was Chief and they jointly decided to ask him to step down for the sake of unity in judiciary. They would have done it this time too and nation becomes strong only with these passages given the opportunity.
Government has no leg to stand on the issue of abuse of power and corruption when Steel Mill Judgement, land grabbing mafia, sugar and cement crisis, continuous stock exchange crash(es), Nabbed’ ministers and Bajaur and Dama Dola killings are shining like medals on its collar. No sacking took place then and no reference was filed. Government should have resigned in any event or could have been sacked after Steel Judgement. English cabinet would have if that have been a decision by English Court.
Nexus of our judges with Generals have ruined the future of democracy in Pakistan. Nepotism, bribery, lawlessness, unmeritorious appointments and lack of respect of law in an unjust society has made life impossible for lay Pakistanis who are looking towards a ‘messiah’ for their salvation. In order to continue this trail of unlawful rule, judiciary has weakened further and Chief Justice has been made to go home the second time. Ordering oath under PCO hit the nail aright and judiciary lost its teeth as an institution long ago. Will Iftikhar Choudhary get a fair hearing when his peers do not speak up upon his confinement, when he is stripped off his freedom of speech and his lawful privileges, its any body’s guess though I hope he does.
Now what will happen, I think even Chief Justice deserves a fair hearting, a due respect and proper treatment to have his legal team for consultation and advice and unless Council decides otherwise all the privileges he deserves in the remit of constitution. Media trial must end here, now Chief Justice is a victim of his own deeds good or bad and let the council decide on 13th the future course of business.
I must mention here that whilst CJ had a chance, he could have decided some constitutional issues too whilst he was in power. Now regrets is an asset for his memory when he witnessed the Army chief retaining his uniform post 31 Dec 2004 he remained silent, when he rejected to entertain two offices bill, when his office entertains president’s reference against NWFP assembly’s passed bill but he refused to give relief against 17th amendment. Equality is a virtue of which our SC is envy of especially when army is out of barracks. We still pray that justice is done with the Chief Justice. I must mention here that sitting in London I could find only one gentleman out of the whole judicial class (Mr. Justice Wajeeh uddin Ahmed) who showed his guts and voiced the true feelings of lawyers all around and judicial class and demanded the fair treatment of the Chief Justice.
I must end here saying that if his fellow peers decide in his favour then including Attorney General from lower to the top brass must be ready to resign as filing reference on unfounded charges and on the basis of some letter(s) is a serious business and may amount to contempt too for those who choose to ridicule the Chief in this unbefitting manner and especially for the Govt who have no track record of angels themselves. President must also be ready to digest more reference(s) against his own hand picked government if this reference succeeds as it opens a window to people to complain and demand sacking of his own hand picked Ministers amongst those are some real absconders and criminals who are looting the state of Pakistan on wholesale basis. Nation is demanding justice and it must be seen to be done. One time the same thing The Queen of England did to his Chief Justice and people took to street until that sacking was off, and later people got him elected and he was made a speaker of the assembly without opposition by all the houses of parliament. That’s the power of people where rule of law exist.
Amjad Malik is a life member of Supreme Court Bar Association and & a Solicitor-Advocate of the Supreme Court (England) and Chair of Association of Pakistani lawyers (UK).
Dated: 10 March 2007