Friday, April 12, 2013

Article 6 for Pervez Musharraf and co conspirator PCO judges
The apex court of Pakistan is ceased with the matter of the emergency declared by the then “dictator” Gen. Parvez Musharraf (Retd.). The Chief Judge has withdrawn himself from the bench which is hearing a petition seeking action against the ex-General on the charges of abrogation of The Constitution. From the initial hearings of the case it appears that the matter of abrogation of constitution will be confined to Nov 3 2007 only. It will be a mock trial if it remains as such, because we have seen at least three occasions when similar type of treatment was meted out to our constitution. First it was Gen. Zia Retd. who imposed Martial Law setting the constitution in abeyance on 5th of July 1977. He had to show the door to the incumbent Chief Judge so that he could get verdict in his favour when Ms Nusrat Bhutto challenge the imposition of martial law. The newly appointed judge obliged by validating his actions under the doctrine of Necessity. During the same period of martial rule Zia promulgated another PCO in 1981. Some more judges were shown the door. Ironically his hand-picked parliament gave indemnity to his actions in 1985. After the death of Zia a new era of people’s representatives which is the essence of our constitution started but could not survive for more than a decade. On October 12 1999 Parvez Musharraf took the reign of the country in his hands dismissing the Government and declared himself Chief executive. As far as CUSTODIAN OF THE CONSTITUTION (as is nowadays being preached ) is concerned the performance was similar with 1977 era. The Supreme Court of Pakistan lived up to its reputation and validated the General’s actions but this time the parliament had been intact but was suspended. The parliament could have been approached for validation but it was not done. The same military/ court nexus played its role and finally the parliament was also axed. This time the Supreme Judges allowed the dictator to amend the constitution at his will despite the fact that it was never requested. The General was allowed to rule autocratically for three years. In 2002 elections were held and the parliament validated the dictator’s action in 17th amendment. The 17th amendment is by and large considered to be a replica of the 8th amendment, but there is a basic difference between 8th and the 17th amendment. Besides reviving the sweeping powers of the President like those of 8th amendment, this time another institution got the sweeping powers. It was none other than Our Own Independent Judiciary. The chief judge succeeded in inserting a new definition of consultation whereby the president of Pakistan was bound to accept the choice of The Chief Justice in appointment of Supreme Court and The High Court Judges (Article 260, Chapter Interpretation).This seems to be continuation of Military and Courts connivance against the political forces who seek their power from the masses rather that from selective appointments. The main argument against implementation of article 6 from the past (from 1999 or before) is that the actions taken after October 12 1999 and before passing of 17th amendment were validated in the 17th amendment itself. This argument is illogical because implementation of article 6 never ceases to effect. The moment abrogation or conspiracy to abrogate the constitution is done the persons doing so can be dragged under article 6. More so, at the time of coup the parliament had not been dismissed. The Supreme Court Judges ceased with the petitions against Oct. 12 action could send the matter to the parliament but they did not do so. The notorious law of necessity which had always been used in such cases was invoked and the fate of democracy was sealed. The Supreme Court Judges allowed Parvez Musharraf to rule for three years and awarded him powers to amend the Constitution at his will. The validity from the next parliament which is much talked about in favour of judges came in 2003 as fait accompli, because the damage done could not be repaired. In contrast to October 1999, in Nov. 1999 perpetrator of the emergency approached the parliament and a resolution was passed in favour of the steps taken by The Chief of Army Staff. The Supreme Court Judges who took oath on or after Nov 3 validated his actions in the same coin as was done in 2000. The above picture clearly shows that the 1999 action and its subsequent validation from the then Supreme Court require a High Treason case more than that of 2007. All persons involved in desecration of constitution on both occasions must be taken to task and punished. As for 1977 Gen. Zia has perished but a symbolic punishment like seating his statue in the gas chamber may suffice to check further such actions.

Pakistan: Youth rally marking 82 years of Bhagat Singh hanging by British Imperialism
There are many forgotten heroes of the Liberation movement against the British Raj in the Subcontinent. Bhagat Singh and his comrades were some of those who stood against imperialism on a programme of Socialist Revolution. On 23rd March 1931, Bhagat Singh along with his comrades Raj Guru and Sukh Dev were hanged by British Imperialism at the Central Jail in Lahore.The Right-wing in South Asia continuously defames the struggle of Bhagat Singh by calling it merely nationalist struggle and recently the right wing of Pakistan launched a furious battle against the ideas of Bhagat singh and his legacy. Bhagat Singh stood for a Socialist Revolution in the Subcontinent.In order to pay tribute to Bhagat Singh for his revolutionary struggle and raise awareness about his struggle among the new generation, the Progressive Youth Alliance organized a rally in Daska city on the 82 anniversary of Singhs death. A large number of youth activists from PSF, BNT, PYO and students from different schools and colleges participated. The rally started from Rest House Chowk and ended at Fawara Chowk. During the rally, participants chanted radical slogans against so-called independence and for a socialist revolution. People of the city also supported the slogans and showed their sympathy for the rally. At the end, the rally turned into a public meeting.Comrade Sajjad, organizer PYA Gujranwala Division, criticised the so-called independence and vowed to continue the fight against Capitalism. Comrade Umar Shahid from the PTUDC said that we salute the struggle of comrade Bhagat but we don’t support his idea of individual terrorism.Individual terrorism is not the way to the revolution but only the working class is capable of bringing socialism. Other speakers included Shehzad Ahmed, President of PYO Daska, Nasir Butt, President of PTUDC Sialkot, Comrade Kashif Ali from the Christian School in Daska, Comrade Ahsan from BNT Sialkot and Shah Nawaz Goraya, President of the People’s Lawyers Forum in Daska. In the end all the participants pledged to continue the struggle to fulfil the Bhagat Singh’s dream of a Socialist Revolution in the Subcontinent.

Major terrorism bid foiled n Peshawar

Pakistan Today
Police foiled a major terrorism bid by defusing five kilogrammes of explosives on Dawora Road in Peshawar on Friday. Officials said the bomb was planted outside the house of Assistant Sub-inspector Muhammad Nawaz, adding that he was the prime target. After being informed by the locals, the police and the bomb disposal squad rushed to the site and successfully defused the explosives. They also began investigations. Militants have intensified their activities in the surroundings of Peshawar lately. Late on Thursday night, Awami National Party leader and candidate for NA-4 Arbab Ayub Jan was also targeted. However, he escaped unharmed. Two days ago, a local hospital was targeted in Mattni while on April 2, Shiekh Mohammadi grid station was attacked in which five people were killed. - See more at:

Asghar Khan case verdict not implemented?

The Supreme Court of Pakistan sent home packing the first prime minster of the Pakistan People's Party-led government, Syed Yousuf Raza Gilani, when he did not show inclination to write to the Switzerland authorities on Swiss bank accounts contending that the president enjoyed constitutional immunity. Subsequently, he was disqualified for taking part in elections. The second prime minister, Prime Minister Raja Pervez Ashraf, narrowly escaped such a snub by the apex court when he agreed to write the letter. The letter was consequently written. The insistence of the SC to get its verdict implemented portrays a history of the superior judiciary going to any extent in getting its decisions being acted upon. However, it sound rather odd that the SC has never laid such an emphasis in getting many of its other decisions implemented. The verdict on Air Marshal Asghar Khan's petition is one of them. The SC issued a short order in the case on October 16 last year after a lapse of 16 years and the detailed judgment came about a month later. Asghar Khan filed the petition in 1990 when Justice Syed Nasim Hasan Shah was the Chief Justice of Pakistan. But he did not take it up for political reasons and personal political whims. The SC agreed with the petition's contention, that the former Chief of Army Staff Gen Mirza Aslam Baig and former ISI chief Lt Gen Asad Durrani had doled out a hefty amount of Rs140 million to help anti-Benazir Bhutto leaders to form Islamic Democratic Alliance months before October 1990 elections to prevent Ms Bhutto from regaining power. The money was withdrawn from the Mehran Bank and its chief executive Yonus Habib stated as such in the SC. Gen Aslam Baig and Durrani also confirmed the accusation in their affidavits. However, the SC ruled that the Pakistan Army as an institution was not involved in the biggest political scandal of the history. The former military officers also set up an election cell to monitor elections and make sure that their scheme worked. The SC, in its verdict, confirmed that money had changed hands for the specific purpose of manipulating the election process and to bring about a result that suited those in authority and it did not matter that the popular will was sabotaged in the process. The politicians and journalists who were accused of receiving the said money were big in the country's politics and journalism. The money they received were big amounts. They included Jamaat-i-Islam, and leaders of MQM chief Altaf Husain, JI-patronized journalist Altaf Hussain Qureshi, Maulana Salahuddin and Mustafa Sadiq also received big money. PML-N chief Nawaz Sharif was accused of receiving of Rs3.5 million, former KP chief minister Mir Afzal Rs10 million, interim prime minister Ghulam Mustafa Jatoi and interim chief minister of Sindh Jam Sadiq Ali Rs5 million, former prime minister Muhammad Khan Junejo Rs2.5 million, Abdul Hafeez Pirzada Rs3 million, Muzaffar Hussain Shah Rs3 million (twice),Yousaf Haroon Rs5 million, Syeda Abida Hussain Rs1miliion and Pir Sibghatullah of Pagara, Malik Ghulam Mustafa Khar and former caretaker prime minister Malik Meraj Khalid Rs2 million each. No doubt the scandal falls within the definition of political corruption and the SC ruled it as such, it sounds strange that it has not been invoked during the process of the scrutiny of candidates in the forthcoming parliamentary election. Now that the returning officers have rejected the nominations of around 4,000 candidates for the National Assembly alone, the verdict in Asghar Khan case, also known as the Mehran Bank Scandal, has not even been considered as a yardstick for examination of nominations although the two military officers hatched plots like the Memogate scandal in a concerted effort and as such practically vilified their august institution. Nor the SC order for initiating criminal proceedings against the two by the National Accountability Bureau was implemented. It sounds rather strange that the PPP government itself, the main victim of the stinking plot, failed to initiate such proceedings against all the actors of this huge national disgrace. Ironically, Mirza Aslam Baig's political outfit -Qaumi Qiadat Party - continues to be an organization which is registered with the Election Commission of Pakistan. Had the SC desired a strict implementation of its verdict, the MQM, the Jamaat-i-Islami and PML-N chief Nawaz Sharif would have been thrown out of the coming elections race. What is apparent is that the superior judiciary and the ECP want "clean" candidates for the May 11 polls. Will this objective be achieved if the politicians involved in receiving illegal money from agencies remain in the run? The answer is a big no.