Friday, July 24, 2009

Alleged Trial of General Pervez Musharraf!


General Pervez Musharraf, Former Martial Law Administrator and President of Pakistan - [1999 - 2008]

As per a news in Daily Dawn and numerous other national dailies of Pakistan:

"QUOTE"

ISLAMABAD: The Supreme Court took an unprecedented step in the country’s judicial history on Wednesday by inviting a former military ruler to defend his extra-constitutional actions in the court. A notice issued by a 14-judge bench hearing a case relating to two judges of the Sindh High Court asked Gen (retd) Pervez Musharraf to defend his proclamation of emergency and replacing the Constitution with a provisional constitution order on Nov 3, 2007. However, Chief Justice Iftikhar Mohammad Chaudhry made it abundantly clear that the former dictator was not being summoned and it was up to him to defend himself, either by appearing in person or through a lawyer. SC calls Musharraf to defend Nov 3 actions By Nasir Iqbal Thursday, 23 Jul, 2009 05:00 AM PST http://archives.dawn.com/archives/35342

"UNQUOTE"
One wonders as to what about trying Musharraf and Top Generals of Pakistan Army for Illegal Step of 12 Oct 1999!!!!!

ain't they looking nice!!!
However, Chief Justice Iftikhar Mohammad Chaudhry made it abundantly clear that the former dictator was not being summoned and it was up to him to defend himself, either by appearing in person or through a lawyer. SC calls Musharraf to defend Nov 3actions By Nasir Iqbal Thursday, 23 Jul, 2009 05:00 AM PST http://archives.dawn.com/archives/35342

Pakistani Nation should pray that Musharraf is asked following questions during the trial:

Questions for Musharraf are as under with Bibliography and References.

Q - 1 What happened to the so-called seven point agenda which was announced by General Musharraf after 12 Oct 1999? Particularly across the Board Accountability of Army Officers and Judiciary. If there was built in system of Accountability in both of the institutions then why Musharraf Government issued charge sheet against his own hand picked CJ Iftikhar Mohammad Chaudhry [why the Supreme Judicial Council was not consulted]

Reference: NAB has evidence of mass corruption in past defence deals NAB still to take up cases against corrupt officers; documents with NAB suggest many deals made by military men involved kickbacks News Intelligence Unit by Kamran Khan ‘The News’ dated August 29, 2000

Reference: CJ says chiefs of MI, ISI asked him to quit: Affidavit on March 9 camp office event By Iftikhar A. Khan May 30, 2007, Wednesday, Jamadi-ul-Awwal 13, 1428 http://archives.dawn.com/2007/05/30/top1.htm
Q - 2 Why the Pakistani Military used to Support Taliban, Several Sectarian Outfits and Lashkar-e-Tayyaba before 911? And while the Sipah-e-Sahaba Pakistan and the Lashkar-e-Jhangvi stand officially disbanded, their most militant son and leader, Maulana Azam Tariq, an accused in several cases of sectarian killing, contested elections from jail - albeit as an independent candidate - won his seat, and was released on bail shortly thereafter. Musharraf rewrote election rules to disqualify former Prime Ministers Mohammed Nawaz Sharif and Benazir Bhutto, and threatened to toss them in jail if they returned from abroad, which badly undermined both Nawaz Sharif's Pakistan Muslim League and Bhutto's Pakistan People's Party (PPP). Musharraf has plainly given the religious groups more free rein in the campaign than he has allowed the two big parties that were his main rivals. In Jhang city, in Punjab province, Maulana Azam Tariq, leader of an outlawed extremist group called Sipah-e-Sahaba, which has been linked to numerous sectarian killings, is being allowed to run as an independent�despite election laws that disqualify any candidate who has criminal charges pending, or even those who did not earn a college degree. "It makes no sense that Benazir can't run in the election," says one Islamabad-based diplomat, "and this nasty guy can."

References: And this takes me back to Pervez Musharraf’s first visit to the US after his coup. At a meeting with a group of journalists among whom I was present, my dear and much lamented friend Tahir Mirza, then the Dawn correspondent, asked Musharraf why he was not acting against Lashkar-e Tayba and Jaish-e Muhammad. Musharraf went red in the face and shot back, “They are not doing anything in Pakistan. They are doing jihad outside.” Pakistani neocons and UN sanctions Khalid Hasan http://www.dailytimes.com.pk/default.asp?page=2008%5C12%5C28%5Cstory_28-12-2008_pg3_3 This entry was posted on Sunday, December 28th, 2008 at 6:00 pm. http://www.khalidhasan.net/2008/12/28/pakistani-neocons-and-un-sanctions/ For the General Good  by Sairah Irshad Khan http://www.newslinemagazine.com/2003/01/for-the-general-good/ - General's Election By TIM MCGIRK / KHANA-KHEL Monday, Oct. 07, 2002 http://www.time.com/time/magazine/article/0,9171,361788,00.html

Q – 3 What was the need of Plane Hijacking Case against Mian Nawaz Sharif when he was no more in Islamabad in Oct 1999.

Reference: 12 OCT 1999 History is as under. Pakistan coup 'unplanned' Friday, 11 February, 2000, 13:44 GMT Gen Musharraf 'did not know he was sacked' http://news.bbc.co.uk/1/hi/world/south_asia/638970.stm World: South Asia Pakistan's coup: Why the army acted General Hamid Gul: "The army acted in the national interest" [LISTEN]
http://news.bbc.co.uk/2/hi/south_asia/473297.stm Pakistan's coup: The 17-hour victory http://news.bbc.co.uk/2/hi/south_asia/475195.stm Musharraf must face an open trial By Yousuf Nazar August 19, 2008 Tuesday Sha'aban 16, 1429 http://www.dawn.com/2008/08/19/ed.htm#3

Q – 4 Meanwhile, what surprised some was Karamat's dismissive tone about the A Q Khan affair, which he labeled a "proliferation episode" while denying any government complicity in it. "There was no government sanction, approval, or any kind of government connection with what went on," he said flatly. But Dr Abdul Qadeer Khan, in his 11-page confession reported in the US press in February, named Karamat, former chief of army staff General (retired) Mirza Aslam Beg and President General Pervez Musharraf as the men on top who were aware of what was going on. As the chief of army staff from 1996-98, Karamat was directly responsible for the safety and security of the nuclear program.

Reference: Pakistan lays down the agenda for the US By Seema Sirohi - Seema Sirohi is a Washington-based correspondent. Dated Dec 25, 2004 http://www.atimes.com/atimes/South_Asia/FL25Df01.html

Q – 5 What was the need to rig 2002 Elections? The main wheeler and dealer of the ISI during the 2002 elections, the then Maj-Gen Ehtesham Zamir, now retired, has come out of the closet and admitted his guilt of manipulating the 2002 elections, and has directly blamed Gen Musharraf for ordering so.

Reference: The man, who rigged 2002 polls, spills the beans by Umar Cheema Dated Sunday, February 24, 2008 http://www.thenews.com.pk/todaysprintdetail.aspx?id=13159&cat=13&dt=2/27/2008

Q – 6 If politicians were so bad then what was the need to pick the worst from bad lot for the period 2002 – 2007? The writ petition relates that Chaudhry Shujaat Hussain and Chaudhry Pervaiz Elahi obtained a loan in the name of the company of which they were both directors, Punjab Sugar Mills Limited of Mian Channu, from the National Bank of Pakistan. In 1999, Rs.37.987 million was written off, which fact is recorded in the annual report of the bank for that year. At the time, Shujaat was the federal minister of interior and Pervaiz was speaker of the Punjab Assembly. The two Chaudhrys obtained another loan from the Muslim Commercial Bank Limited for their Punjab Sugar Mills Limited and in 2000 a sum of Rs 22.792 million was written off, which fact is recorded in the annual report of the Bank for that year

References: As white as driven snow By Ardeshir Cowasjee 03 November 2002 http://www.dawn.com/weekly/cowas/20021103.htm - In His Prime - A loyalist of the Pakistan army establishment, Chaudhry Shujaat Hussain finally makes it to the much coveted post of Prime Minister. Monthly Newsline [July 2004] Story by Adnan Adil http://www.newsline.com.pk/NewsJul2004/newsbeat2jul.htm


Q – 7 What about Karachi Stock Exchange Crash {Shaukat Aziz}?


Reference: ‘Big fish’ allowed to escape net: Tariq: Ex-chief of SECP issues ‘white paper’ By Sher Baz Khan July 8, 2006 http://www.dawn.com/2006/07/08/top2.htm - Stock market scams by Rauf Klasra SATURDAY, JULY 08, 2006 STATE MINISTER, ADVISER ACCUSED OF LINKS TO BROKERS HTTP://WWW.THENEWS.COM.PK/TOP_STORY_DETAIL.ASP?ID=1842 - FRIDAY, JULY 07, 2006 Shortcut & Co. Facing Serious Sleaze Allegations
http://politicalpakistan.blogspot.com/2006/07/shortcut-co-facing-serious-sleaze.html
Q – 8 Accountability of Generals [One of the 7 point agenda was Across the Board Accountability]

Reference: 499 high and mighty in for trouble by Rauf Klasra Wednesday, October 10, 2007 SC move against misuse of farmhouses to affect rulers, generals, bureaucrats, businessmen http://www.thenews.com.pk/top_story_detail.asp?Id=10566
Q – 9 Where the US Aid has gone? Questions about was raised by the Correspondent of Daily Dawn, Mr Faraz Hashmi after 911 for which Mr Faraz faced severe beating by unknown persons [as reported by Daily Dawn – Reference is not available]

Reference: U.S. Payments To Pakistan Face New Scrutiny Little Accounting for Costs To Support Ally's Troops By Robin Wright Washington Post Staff Writer Thursday, February 21, 2008; Page A01 http://www.washingtonpost.com/wp-dyn/content/story/2008/02/20/ST2008022002819.html?hpid=topnews
Q – 10 Tell us something about Kargil Operation???


2 - Shaheen Sehbai, Ansar Abbasi and Ahmed Quraishi - 2 http://chagataikhan.blogspot.com/2009/01/shaheen-sehbai-ansar-abbasi-and-ahmed_16.html
Q – 11 Who is Brigadier Niaz and if you know him then what is the connection between him, you and Sharif Brothers. References: Shahbaz admits political dialogue with Brig Niaz By Rauf Klasra dt Friday, January 18, 2008 http://www.thenews.com.pk/top_story_detail.asp?Id=12368 Brig Niaz: the man playing the informal go-between By Tariq Butt dt Tuesday, January 15, 2008 http://www.thenews.com.pk/top_story_detail.asp?Id=12308 Efforts on to revive Musharraf-Nawaz contacts By Rauf Klasra dt Saturday, August 25, 2007 http://www.thenews.com.pk/top_story_detail.asp?Id=9766 Shahbaz meets president’s aide today By Muhammad Saleh Zaafir dt Saturday, January 12, 2008 http://thenews.jang.com.pk/top_story_detail.asp?Id=12238 Musharraf's aides invite Sharif's brother to join govt dt January 13, 2008 20:31 IST http://www.rediff.com/news/2008/jan/13pakpoll.htm


شریف خاندان مشرف کو کیا دے رہا ہے


جلاوطنی معاہدے کی نقل عدالت میں


http://www.bbc.co.uk/urdu/pakistan/story/2007/08/070822_agrmnt_nawaz_court_zs.shtml
What about the trial of Judiciary which served the most Rampant and Detrimental Military Dictatorship of General Musharraf and other Praetorian Guards from 1999 to March 2007.

The campaign for Restoration of Judiciary was headed on Blogs and Email by one Samad Khurram from Harvard University USA from March 2007 till the release of Maulana Abdul Aziz Ghazi [ordered by CJ Iftikhar Mohammad Chaudhry after his own resotration]. This may please be kept in mind that it was Samad Khurram who looked after CJ?s Visit to the US for receiving US Award in Harvard University. This Mr Samad Khurram enjoys very ?cordial? relations with a Key Democrat Senator John Kerry [Photo is attached - CJ Iftikhar Muhammad Chaudhry and USA http://chagataikhan.blogspot.com/2008/12/cj-iftikhar-muhammad-chaudhry-and-usa.html
Mr Samad Khurram had refused US Award in Pakistan which was being awarded to him by Anne W. Patterson [US Ambassador in Pakistan] but same Samad Khurram looked after every activity of restore the Judiciary Movement. And same Samad Khurram after the restoration of Iftikhar Mohammad Chaudhry writes in The News International:

1 - For the love of God, can anyone explain to me why the great army whose laurels we sing from the day we are born has still not been able to jam radio stations pouring terror in Swat? How is it that these Taliban leaders can appear before journalists in broad daylight and roam freely without any trouble even when they claim responsibility for a suicide bombing? Perhaps the real question I should ask is, why do I even care? When I took time off from Harvard to be part of the lawyers? movement I had seen a ray of hope. There were concerned citizens and lawyers who stood for what was right, no matter what the consequences. We fought for a principle and won, with the hope that things will slowly improve. Today the very judges we had faith in released the Lal Masjid cleric whose crimes everyone knows about. If the judiciary was going to release people whose crimes were recorded on TV, perhaps it does explain why the Taliban are growing popular. Having said that, rays of hope like Afzal Khan Lala, who has refused to move from Swat while he is alive, appear every now and then. However, he stands alone in facing the storm. Other than Ayaz Amir, not a single Pakistani leader has spoken out against the Taliban. Will the real leader who can get rid of these monsters stand up, please? Imran Khan? Qazi? Nawaz Sharif? This silence is criminal! What?s worse is that these leaders of ours have unanimously approved a state within a state run, which is not accountable to anyone, absolved the Taliban of all crimes and provided them a safe haven to kill more Pakistanis. The so-called Nizam-e-Adl Regulation was endorsed by the National Assembly without any proper debate. Reference: The Taliban are here by Samad Khurram Monday, April 20, 2009 http://thenews.com.pk/daily_detail.asp?id=173372 The writer is a student at Harvard University and turned down an award from the US ambassador as a mark of protest against killings of Pakistanis by US drone attacks. Email: skhurram@fas.harvard.edu

2 - Before 9th March 2007 i.e. his sacking by General Musharraf, the CJ Iftikhar Mohammad Chaudhry and his concerns for Human Rights are as under:

What about rejecting the bail to Makhdoom Javed Hashmi [MNA-PML-N]. Mr Justice Iftikhar Mohammad Chaudhary didn't say no to Mr Musharraf on Javed Hashmi Case?

SC dismisses 3 appeals of Javed Hashmi for his release on bail Tuesday October 10, 2006 (0139 PST) http://www.paktribune.com/news/index.shtml?156686 Nawaz criticises judiciary for rejecting Hashmi?s appeal By Our Staff Reporter October 10, 2006 Tuesday Ramazan 16, 1427 http://www.dawn.com/2006/10/10/nat2.htm Hashmi?s bail plea rejected By Nasir Iqbal December 6, 2003 Saturday Shawwal 11, 1424 http://www.dawn.com/2003/12/06/top13.htmLate release of Javed Hashmi on the eve of his daughter`s marriage, an unwelcome gesture: Liaqat Sunday December 24, 2006 (0215 PST) http://www.paktribune.com/news/index.shtml?164043

3 - So-called People Friendly Iftikhar Mohammad Chaudhry before his sacking by Musharraf in 2007 had tolerated this:

HUMAN RIGHTS WATCH REPORTS ON PAKISTANI GOVERNMENT'S REPRESSSION OF POLITICAL OPPONENTS. Year wise data.

Repression of Political Opponents

http://hrw.org/englishwr2k7/docs/2007/01/11/pakist14756.htm
Arbitrary Arrest and Detention of Political Opponents

http://hrw.org/english/docs/2004/12/14/pakist9852.htm
Torture and Arbitrary Arrests of Dissidents and Political Opponents

http://hrw.org/english/docs/2003/12/31/pakist7008.htm#6
Pakistan: End Persecution of Political Opponents

http://www.hrw.org/english/docs/2004/12/28/pakist9933.htm
Arbitrary Arrest and Detention of Political Opponents

http://hrw.org/english/docs/2006/01/18/pakist12254.htm
4 - Even the epitome of the so-called Freedom of Judiciary i.e. Mr Justice Iftikhar Mohammad Chaudhary carry more Dirty Baggage [because he was elevated by a Martial Law Regime to be precise General Musharraf in 2000 i.e. in Pure Martial Law] than all the Three Candidates of PPP, PML-N, and PML-Q i.e. Zardari, Saeeduzzaman and Mushahid Hussain Syed [Mr Mushahid is the product of Former ISPR Cheif of General Zia i.e. Late Brigadier Mr Taffazzul Hussain Siddiqui, it was the ISPR Chief who made him the Editor Daily Muslim] carry together.
Quite amazing isn't it?

I will just quote Daily Newspapers. One of the wonders of Internet is this that the History can no more be kept hidden.

1 - Five judges elevated to SC Bureau Report [Daily Dawn Feb 2000]

2 - Chaudhry Iftikhar named new CJ [Daily Dawn 2005]

3 - A weary scene re-enacted Ayaz Amir [Daily Dawn 2000]

As per Daily Dawn dated Week Ending Dawn Wire Service] : 5 February 2000 Issue : 06/05

http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/05feb00.html#five
Caudhry Iftikhar named new CJ By Our Staff Reporter May 8, 2005 Sunday Rabi-ul-Awwal 28, 1426 http://www.dawn.com/2005/05/08/top4.htm
As per Daily Dawn dated March 12, 2007 Monday Safar 22, 1428

"ISLAMABAD, March 11: Chief Justice Iftikhar Mohammad Chaudhry has demanded that the Supreme Judicial Council (SJC) should hold open proceedings on the reference against him sent by President Gen Pervez Musharraf. This was stated by seasoned politician Air Marshal (retired) Asghar Khan after a meeting with Justice Chaudhry here on Sunday. The demand made by the suspended chief justice indicates that he is not ready to resign and is determined to contest the allegations levelled against him.

Justice Iftikhar seeks open SJC proceedings: Asghar By Iftikhar A. Khan http://www.dawn.com/2007/03/12/top1.htm
But one day earlier the CJ was held incommunicado There is no other way to describe the situation as no one is being allowed to meet him,? he said after police officials stopped him and other lawyers from going inside the chief justice?s residence.

CJ held incommunicado; lawyers slam ?arrest? By Nasir Iqbal March 11, 2007 Sunday Safar 21, 1428 http://www.dawn.com/2007/03/11/top1.htm
If he was held incommunicado then how the hell Air Marshal (retired) Asghar Khan [a key Musharraf adversary] succeeded to meet with Mr Justice Iftikhar Mohammad Chaudhry? These Four artciles from Daily Jang and text after that will further expose the filthy character of General Retd. Chisti, General Retd Aslam Beg, Air Marshal Retd. Asgher Khan, General Retd Asad Durrani and last but not the least the Mother of All Trouble General Retd. Hamid Gul [after committing every crime mentioned in the book against innocent Pakistanis is now itching for Non-Sense Islamic revolution from the banner of APDM which is bandwagon of Pseudo Nationalists, Islamists, and Secular Politicans. Reference: Judiciary in Pakistan - 2 http://chagataikhan.blogspot.com/2008/10/restoration-of-independent-judiciary-in_19.html
5 - General Zia?s Chief of Staff Lt-Gen Syed Rafaqat {Mehran Bank Scandal Fame} asked him to announce an elections date within the stipulated 90 days according to the Constitution. General Zia, according to K.M. Arif's book "Working with Zia", shook his head saying: "A way can be found to overcome the hurdle. Pirzada (Sharifuddin) key paas kuchh masala hai" (Pirzada has a trick or two up his sleeves). Zia's answer to the query by the then ISI DG, Lt-Gen Hamid Gul {The creator of a manufactured Political Party through secret funds in late eighties named IJI}, about the next elections was curt and crisp: "Dekhain gey" (We will see). Zia then asked Hamid Gul to frame a suitable question for a referendum (K.M. Arif's book "Working with Zia"). Once again Mr Pirzada may be in action to discover loopholes in the Constitution as D-Day approaches. Reference: Pirzada, A K Brohi & Judiciary in Pakistan. http://chagataikhan.blogspot.com/2008/10/pirzada-k-brohi-judiciary-in-pakistan.html
6 - The Human Rights Watch, a New York-based organisation, on Friday released a highly controversial audio tape of Attorney-General of Pakistan Malik Mohammed Qayyum in which he talks about a rigging plan for Monday?s elections. Pakistan: Attorney General Aware of ?Massive? Election-Rigging Plans Audio Recording Calls Into Question Government?s Commitment to Fair Elections - http://www.hrw.org/legacy/english/docs/2008/02/14/pakist18069.htm Listen the Tape http://www.hrw.org/legacy/audio/2008/urdu/pakistan0208.htm

7 - Higher courts have given some belated verdicts after the departure of the ruler which has no relevance. General Yahya Khan was forced to relinquish his office after the separation of East Pakistan in December 1971. Supreme Court belatedly ruled on April 07, 1972 that general Yahya Khan was a usurper. Some justices even went back to declare that President Iskandar Mirza and General Ayub Khan had committed treason when they suspended civilian rule in 1958. 1989, Zia dismissed Prime Minister Muhammad Khan Junejo?s government. Zia died in a mysterious aero plane crash in August 1989. Members of the dissolved assembly challenged the decision. High courts and Supreme Court dismissed several of those petitions. In one case, Federation of Pakistan vs. Saifullah Khan, Supreme Court ruled that General Zia?s decision was unconstitutional but refused to restore the National Assembly. The reason for court?s refusal of restoration of assembly came to light three years later. Former Army Chief General Mirza Aslam Beg in an interview on February 04, 1993 admitted that he had sent an emissary, then senate chairman Wasim Sajjad to the Supreme Court to warn the justices not to restore the national assembly. Two weeks later, Supreme Court charged General Beg with contempt of court. Beg met with army Chief Abdul Waheed Kakar and later appeared defiantly in the court and many witnesses ridiculed the judges. Supreme Court could not handle the fallout from its confrontation with even a retired army chief. Court finally convicted him of contempt but strangely did not give any judgment about the sentence. The same court even overturned its own decision after an appeal was filed. After a year of half hearted measures, on January 09, 1994 the court dropped all proceedings against general Beg. Reference: Judicial Jitters in Pakistan ? A Historical Overview Hamid Hussain Defence Journal, June 2007 http://watandost.blogspot.com/2007/05/judicial-jitters-in-pakistan-scholarly.html
8 - In January 2002, Lahore high court was scheduled to start regular hearing of an appeal filed by sacked Prime Minister Nawaz Sharif challenging General Mussharraf?s coup. On January 26, 2000, General Musharraf issued PCO to remove the jurisdiction of civilian courts in certain affairs. This was considered essential to give legal cover to decisions made by military rulers. Judges of superior courts had to take a fresh oath under PCO and anyone who was not offered to take oath or who refused stood retired. A day earlier, General Musharraf met with chief justice Saeeduzaman Siddiqi and asked him to take fresh oath under PCO but chief justice declined. Later that night, two serving generals and one retired general visited chief justice again and asked him to re-consider his decision but he again declined. Early in the morning, a colonel came to chief justice's house asking him not to go to Supreme Court while his house was being cordoned off. Reference: Judicial Jitters in Pakistan ? A Historical Overview Hamid Hussain Defence Journal, June 2007 http://watandost.blogspot.com/2007/05/judicial-jitters-in-pakistan-scholarly.html
9 - When Sajjad A. Shah became chief justice, he had cordial relations with Benazir. Shah after assuming office agreed to government?s suggestion of appointing acting and ad hoc judges to Supreme Court and some of these nominees were retired judges. Reference: Judicial Jitters in Pakistan ? A Historical Overview Hamid Hussain Defence Journal, June 2007 http://watandost.blogspot.com/2007/05/judicial-jitters-in-pakistan-scholarly.html
10 - On February 16, 2007, Naeem Bukhari, a senior attorney of Supreme Court wrote a letter condemning the attitude and behavior of chief justice and his treatment of lawyers in the court. He sent the letter to senior lawyers and various bar associations of the country. Reference: Judicial Jitters in Pakistan ? A Historical Overview Hamid Hussain Defence Journal, June 2007 http://watandost.blogspot.com/2007/05/judicial-jitters-in-pakistan-scholarly.html
11 - When Benazir government was dismissed second time on November 05, 1996, governors of Punjab and N.W.F.P. provinces considered Benazir loyalists were removed and chief justices of high courts were sworn in as acting governors. President Farooq Ahmad Leghari pressurized these two justices turned acting governors to dissolve provincial assemblies and assured them that if they resigned from judiciary they would be retained as permanent governors. Reference: Judicial Jitters in Pakistan ? A Historical Overview Hamid Hussain Defence Journal, June 2007 http://watandost.blogspot.com/2007/05/judicial-jitters-in-pakistan-scholarly.html
12 - President Muhammad Rafiq Tarar had the audacity to meet chief justice Ajmal Mian in his chamber at Supreme Court and ask him not to appoint Justice Falak Sher as acting chief justice of Lahore high court as government did not like him. Chief justice declined but government went ahead and nominated a junior justice Allah Nawaz as acting chief justice. Reference: Judicial Jitters in Pakistan ? A Historical Overview Hamid Hussain Defence Journal, June 2007. http://watandost.blogspot.com/2007/05/judicial-jitters-in-pakistan-scholarly.html
13 - Benazir Bhutto had appointed Sajjad Ali Shah chief justice over the head of three senior justices. She thought that Shah would return the favor. When tensions rose between chief justice and Benazir about the issue of appointment of some judges, government decided to strike back. First, former Sindh chief minister Qaim Ali Shah spilled the beans in a newspaper. He claimed that he had persuaded Benazir during her first term to elevate Sajjad to the post of chief justice of Sindh high court. In the second term, Benazir didn?t want to elevate Sajjad to the post of chief justice of supreme court but he along with Sindh chief minister Abdullah Shah and defense minister Aftab Shaban Mirani (all Sindhis) persuaded Benzair to appoint Sajjad A. Shah. In the judge?s case, Supreme Court had ruled that senior most judge should be considered for appointment if there is no valid negative element against him. Government decided to beat chief justice with his own stick and now filed a review petition asking the court whether the rule of seniority applied to chief justice of the Supreme Court (referring to Shah?s elevation against the rule of seniority). Counsel for federation raised objection to Shah heading the bench to decide about his own appointment. Shah refused the request and continued to preside the bench and federal government withdrew the petition. Government also started to harass chief justice and his family. Several incidents such as snatching of one of the car used by chief justice at gun point and arrest of an armed intruder from his residence (police claimed that the man was mentally disturbed) raised suspicion about harassment. His son-in-law and other relatives were sacked from their jobs and police harassed them. During Nawaz Sharif?s first term, special courts were set up to prosecute certain crimes. A Supreme Appellate Court was set up to streamline appeal process and a supreme court judge was assigned to this court. When justice Sajjad Ali Shah sitting on this court acquitted one accused, Sharif was furious. He persuaded chief justice to remove Sajjad A. Shah and appoint justice Muhammad Rafiq Tarar (a Sharif loyalist). Reference: Judicial Jitters in Pakistan ? A Historical Overview Hamid Hussain Defence Journal, June 2007. http://watandost.blogspot.com/2007/05/judicial-jitters-in-pakistan-scholarly.html
14 - One example will show the modus operandi for the selection and appointment of the highest judicial authority of the country. In 1994, when Benazir decided to appoint Sajjad A. Shah as chief justice superceding three senior justices, she asked the intelligence agencies about the possible reaction from legal community. Shah was in Karachi sitting in his court hearing cases when law secretary (Justice Shaikh Riaz Ahmad) called him and asked him a curious question of what kind of dress he was wearing. Shah replied that he was in court therefore wearing official dress (Shirwani). Shah was told to head to the airport immediately without informing anyone and wait for next message. At airport, Shah boarded a special plane sent from Islamabad and on landing in Islamabad; he was taken to the president house where he met president and prime minister. He was then informed that he was being elevated to the office of chief justice and he took oath. When Shah developed differences with Benazir, she tried to cultivate other justices of the court. Benazir approached senior most judge of the supreme court, justice Ajmal Mian through a family friend Dr. Asim. Asim conveyed the message to Mian that Benazir was sorry that she appointed Sajjad A. Shah as chief justice and wanted to discuss the matter with him. Mian declined to meet Benazir secretly. She again approached Mian through Attorney General Qazi Muhammad Jamil suggesting that Mian should take up the case of appointment of Sajjad A. Shah while Shah was out of country. Prime Minister of the country was encouraging a Supreme Court justice to act against his own chief justice. Reference: Judicial Jitters in Pakistan ? A Historical Overview Hamid Hussain Defence Journal, June 2007. http://watandost.blogspot.com/2007/05/judicial-jitters-in-pakistan-scholarly.html
15 - In 1993, justice Sajjad A. Shah gave the lone dissenting opinion when Supreme Court restored Sharif government by a majority decision. Two judges; Muhammad Rafiq Tarar and Saeeduzzaman Siddiqi asked chief justice Nasim Hasan Shah to take disciplinary action against Sajjad A. Shah for the language he used in his dissenting note. Chief justice didn?t take any action against Sajjad A. Shah but it caused a permanent rift. Supreme Court takes recess during summer vacations and if chief justice is out of country during recess it is not necessary to appoint an acting chief justice. In the summer of 1997, chief justice Sajjad A. Shah proceeded to an overseas trip. Incidentally second senior most justice Ajmal Mian was also abroad. Justice Saeeduzaman Siddiqi was in Islamabad when he was told that chief justice had left the country. He adjourned the proceedings, consulted lawyers and then called all supreme court registries to stop working. He declared that there was a constitutional crisis since no acting chief justice was appointed. He sent a letter to the federal government advising it to issue notification for appointment of acting chief justice. As he was the next senior judge, he was appointed acting chief justice. This caused a lot of bad blood between Saeeduzaman Siddiqi and Sajjad A. Shah and on his return Sajjad A. Shah conveyed his disapproval in writing. Reference: Judicial Jitters in Pakistan ? A Historical Overview Hamid Hussain Defence Journal, June 2007. http://watandost.blogspot.com/2007/05/judicial-jitters-in-pakistan-scholarly.html
16 - On October 09, 1997, chief justice went to Saudi Arabia and justice Ajmal Mian was sworn as acting chief justice. Mian spilled the beans on the same day he took oath. He told the press that Sajjad A. Shah had not consulted the judges for appointment of additional judges and that a full court meeting should decide this issue. A number of Supreme Court justices gave a written request for a full court meeting to discuss press statements of chief justice Sajjad A. Shah. Seven out of eleven judges signed the request and Mian set the date of October 13 for full court meeting. Sajjad A. Shah cut short his visit and dashed back. He cancelled the meeting, shuffled the roster and sent some of the rebellious justices for sittings in Lahore and Karachi. Another request of a full court meeting signed by seven justices was filed and chief justice rejected it by announcing his decision to the press. Now the conflict between supreme court justices was open and the game was played in the press. Six justices issued a press rejoinder and for the first time openly questioned the appointment of chief justice. Shah was fighting a two front war; one against the Prime Minister Nawaz Sharif and second against his own rebellious judges. Shah belatedly called a full court meeting on October 17 but by that time the division among the justices was complete and all parties had crossed the point of no return. Reference: Judicial Jitters in Pakistan ? A Historical Overview Hamid Hussain Defence Journal, June 2007. http://watandost.blogspot.com/2007/05/judicial-jitters-in-pakistan-scholarly.html
17 - December 01, 1997 was the darkest day in the history of Pakistan?s judiciary. Two orders were issued for the constitution of benches; one by chief justice Sajjad A. Shah heading a five member bench for hearing the cases while the other by justice Saeeduzzaman Siddiqi heading a fifteen member bench to decide about the fate of Sajjad A. Shah. On December 02, two parallel courts were set up inside supreme court. Reference: Judicial Jitters in Pakistan ? A Historical Overview Hamid Hussain Defence Journal, June 2007. http://watandost.blogspot.com/2007/05/judicial-jitters-in-pakistan-scholarly.html
18 - Civilian and military rulers have been helped by eminent legal minds in judicial and constitutional matters. These legal celebrities change their own ideas depending on the situation. Governor General Ghulam Muhammad after dismissing Nazimuddin?s cabinet appointed A.K. Barohi as his law minister. Barohi was a strong advocate of a secular constitution and agreed with all those who wanted to keep religious leaders out of political arena. However when winds changed, then Barohi?s ideas also changed. Barohi later became legal advisor to General Zia and helped him to Islamize the country. Reference: Judicial Jitters in Pakistan ? A Historical Overview Hamid Hussain Defence Journal, June 2007. http://watandost.blogspot.com/2007/05/judicial-jitters-in-pakistan-scholarly.html
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