If Nawaz Sharif was unconvincing while justifying support of the PML-Q dissidents, called the unification bloc in Punjab, the Rabbani-Awan duo sounded hollow in its stance that the government had sincerely pursued to attain the objectives set by the 10-point agenda. The PML-N chief talked of midterms polls as a constitutional and legal option, but Babar Awan rejected the alternative, terming it as wishful thinking and impossibility. Rabbani remained decent and careful and foresaw the PPP’s opposition role in Punjab. However, Awan was as usual sarcastic and boasted about the PPP’s bid to form its government in Punjab. Practically on Friday, President Asif Ali Zardari lost the comforts of a friendly opposition. He knew well the perils of this development, so he never let the PPP ministers to leave the Punjab government till such time they were thrown out. They have now been kicked out of the coalition. The president wanted to avert this because he was sure that the PML-N’s getting into real opposition mode would mean a real threat to his rule. And the threat is now knocking his doorstep. His main rival, Nawaz Sharif, too has risked the N-League’s Punjab government but made his options clear. The PML-N is preparing for mid-term polls. It is all set to take on the PPP. At the same time, it has lured the PML-Q MPs with the only exception of Chaudhrys of Gujrat to return to their mother party. With the PML-N, PPP, PML-Q and Q-dissidents placed in such a strange numerical position in the Punjab Assembly, any serious scrutiny into the legality of the 46 Q-dissident MPAs, who are the sole strength to the Shahbaz Sharif government in Punjab, would lead to the dissolution of the Punjab Assembly and holding of mid term polls in the province.Nawaz Sharif Osama Bin Laden Khalid Khwaja Connections - Part - 1
URL: http://www.youtube.com/watch?v=wwjEI87EJt0
The PPP’s Governor in Punjab Sardar Latif Khosa may now ask Chief Minister Shahbaz Sharif to show his majority in the Punjab Assembly. It would be construed as a call for the dissolution of the provincial legislature. While the PPP and the PML-Q are not in a position to form a government in Punjab in any case as was their situation during the Governor’s rule, the Q-dissidents may also not be in a position to give a credible life to Shahbaz Sharif’s regime. If the legalities of the new coalition in Punjab are placed before the courts for judicial scrutiny or referred to the speaker, it would have serious consequences for the provincial assembly. The future of the provincial assembly could only be secured if the PPP and the PML-Q leadership keeps a mum on the Q-dissidents—termed as lotas—for the sake of the assembly’s life but to the advantage of the Shahbaz Sharif government, or if the Unification Bloc decides to re-join the PML-Q. Both of these possibilities are remote if not impossible. The third possibility is to get a favourable ruling from the superior judiciary, validating the Q-dissidents act of taking over their own party and joining the government benches. But this too is a hard option. REFERENCE: All options open in Punjab after PPP-Nawaz split By Ansar Abbasi Saturday, February 26, 2011 http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=4242&Cat=13&dt=2/26/2011
Pakistan minister faces US court Last Updated: Tuesday, 16 September, 2003, 05:13 GMT 06:13 UK http://news.bbc.co.uk/2/hi/south_asia/3111978.stm A provincial health minister in northern Pakistan is facing 30 law suits in the United States in connection with the largest known outbreak there of Hepatitis C infection. The health minister of Punjab, Dr Tahir Ali Javed, who practiced in America from 1989 to 2002, has been formally accused by the state of Nebraska in connection with the Hepatitis outbreak which has been linked to his former clinic. Vowing to defend himself in the US court, he told the BBC that he did not receive any legal notice while he was in the United States and that the cases date back some four years. Dr Javed said the matter has received undue attention in Pakistan for political reasons relating to his determination to regulate private medical practice in Punjab. From the newsroom of the BBC World Service.
Dr Tahir Ali Javed is allegedly involved in Sex Scandal says Shaheen Sehbai
Nawaz Sharif Osama Bin Laden Khalid Khwaja Connections - Part - 2
URL: http://www.youtube.com/watch?v=3xhS3TLDD7Q&feature=related
ISLAMABAD: The constitution is silent on the legal status of a parliamentary party in which majority of elected MPs disowns its leadership and forms a new political entity and experts say ultimately the Supreme Court may have to rule on the issue. “With nothing existing in the constitution about this question, I believe the matter will go to a superior court for conclusive settlement,” noted lawyer Wasim Sajjad told The News. Legal experts say this particular case in Punjab may eventually provide an occasion to the Supreme Court to re-visit the 18th Amendment in which elected or un-elected party heads were given the powers to throw out any member of the party, thus curbing their democratic right to speak and vote according to their conscience. The formation, elections and democratic running of political parties may also become a hot issue before the Supreme Court as the principle has to be determined whether a majority will have the last say in party or parliamentary affairs or the system will support the present dictatorial arrangement of an un-elected party head calling the shots, even if the majority disagrees with him. Experts say the incompletion of the Election Commission of Pakistan (ECP) will impede efforts of the Pakistan Muslim League-Quaid (PML-Q) to get unseated its 47 turncoats, known as Unification Bloc, who have switched to the PML-N.They say that after the passage of the 18th Amendment the incumbent ECP members who were serving high court judges were rendered non-functional and new ones, the retired high court justices, have not so far been appointed. “Will the dysfunctional ECP members be revived to deal with the disqualification references as the 18th Amendment is to come into force after the next elections?” asked one expert. Experts say that it is the ECP, which is to take a decision on a disqualification reference against a federal or provincial legislator. This power doesn’t vest in Chief Election Commissioner (CEC) any longer. The original Article 63-A dealing with the disqualification of MPs owing to their defection remains in force till the new general elections. After the next parliamentary polls, changes made in this provision by the 18th Amendment would apply. At present, the head of the parliamentary party in the concerned elected body has the power to seek disqualification of a floor crosser. The 18th Amendment has vested this authority in the party head instead of the parliamentary party head. This was widely criticised as it tremendously empowered the party chiefs, even if they are not members of any elected body. This solidified their grip over their parties.
Nawaz Sharif Osama Bin Laden Khalid Khwaja Connections - Part - 3
URL: http://www.youtube.com/watch?v=LaM0UUtfxho&feature=related
But in the opinion of Wasim Sajjad, the Punjab situation is more of a political issue than constitutional or legal as those who want to quit the entity on whose tickets they were elected should resign and get themselves elected on the sponsorship of their new party. Experts say that in the case of PML-Q, leader of the opposition in the Punjab Assembly Chaudhry Zaheeruddin has the power to submit disqualification references against his party defectors. They say that the speaker has an insignificant role in a disqualification reference. In case of defection as defined in the constitution, the parliamentary party head will declare in writing that a certain MP has defected, and he may forward a copy of it to the speaker and the CEC. The speaker will, within two days, refer, and in case he fails to do so, it will be deemed that he has referred, the declaration to the CEC who will lay it before the ECP for a decision confirming the unseating or otherwise within 30 days.
An MP would provoke a disqualification by his or her parliamentary party head, if he resigns from its membership or joins another party; votes or abstains from voting in the house contrary to any direction issued by his party in relation to election of the prime minister or the chief minister; or a vote of confidence or a vote of no-confidence; or a money bill or a constitution (amendment) bill. A constitutional expert said that there would be no value of the vote of a defector in the eyes of the law. A 2005 ruling of the then Punjab Assembly speaker, Afzal Sahi is being widely quoted by Law Minister Rana Sanaullah to justify the present defections of 47 MPAs of the PML-Q. However, it dealt with a different question — who is the head of the parliamentary party. Rana Sanaullah, Qasim Zia and Asghar Ali Gujjar had then insisted that they should be recognised as parliamentary leaders of the PML-N, Pakistan People’s Party-Parliamentarians (PPP-P) and Muttahida Majlis-e-Amal (MMA), respectively in the Punjab Assembly under Article 63-A. But the speaker ruled that before filing a declaration under this provision, they must prove their authority as heads of their parliamentary parties in the light of constitutional and legal provisions. He held that the interpretation of the term, head of the parliamentary party, is not within his cognizance. At the time, Rana Sanaullah, as head of the PML-N, wanted to file disqualification references against certain defectors. Experts say that under the 18th Amendment a parliamentary committee comprising 50 per cent members from the treasury and opposition benches each, based on their strength in parliament to be nominated by their respective parliamentary leaders, is required to be set up to approve the four members of the ECP, who would be retired high courts judges. Under Article 213 amended by the 18th Amendment, the prime minister, in consultation with the leader of the opposition, will forward three names for appointment as CEC to the parliamentary committee for hearing and confirmation of any person. In case, there is no consensus between the prime minister and the opposition leader, each will forward separate lists to the parliamentary body for consideration which may confirm any name. REFERENCE: Punjab case may go to the Supreme Court By Tariq Butt Saturday, February 26, 2011 http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=33165&Cat=2&dt=2/26/2011
What does the History says
LAHORE, July 4: Lawyers say that PML President Nawaz Sharif cannot act under the 14th amendment against the party members who dissented from his decisions regarding the party's internal matters. The lawyers were asked about the PML president's competence to have recourse to the 14th amendment to counter the moves by some of the members of the suspended assemblies and Senate who after October 12 last disagreed with the leadership on different issues. Senior Advocate S.M. Zafar said in the light of a Supreme Court judgment proceedings could only be initiated against a party member if he or she violates party discipline inside the parliament. He said this meant both voting or speaking against the party. Asked if defection law would apply to the PML's suspended MNAs trying to form a separate group at present, the advocate replied in the negative. He said 14th amendment could not be applied during suspension of assemblies.Return of the Jackal - Part One
URL: http://www.youtube.com/watch?v=kmoYgEvvUWE&feature=related
ISLAMABAD, Aug 31 Brigadier (retd) Imtiaz Ahmed, or others like him who served in the security services over the past three decades, may alone know the real reason for re-igniting the controversies regarding their role in the making and breaking of political parties, alliances and governments, and of institutionalising corruption in the country`s politics. It is unclear whether this was his intention but the retired brigadier, known as Imtiaz `Billa (the cat)` in the army circles of yesteryear, has done one great service to this nation. Through his confessions, which he proudly describes as `revelations`, he has revived memories of some of the worst transgressions of the law and violations of norms of decent conduct and human rights by the intelligence agencies. Particularly during the dreaded rule of the dictator Gen Ziaul Haq during the late `70s and early `80s. As these revelations jog one`s memory, one is propelled back in time to the period when Imtiaz Billa`s name had become synonymous with dirty, horrible, tactics in dealing with Zia`s political opponents. During this period, arrests, torture and even death in custody of political opponents dubbed Indian or Soviet agents, had become the order of the day. REFERENCE: Only bean-spilling spooks can tell why September 1, 2009 http://archives.dawn.com/archives/37099
He said even if the assemblies were in place, party presidents could not act under the law in case of a dissent outside the parliament. He replied in the negative when asked if the law would be applied when a member disagreed with his leadership at a parliamentary party meeting. Dr A Basit said the 14th amendment gave full powers to a party chief to initiate action against the members for dissenting with him on the matters relating to the parliamentary affairs and other issues. However, he said the Supreme Court on a petition filed by the Wukala Mahaz diluted the amendment and limited its scope. He said the SC created a distinction and said powers under the new law could only be applied in the matters relating to party manifesto or issues to be taken before the parliament. But, he added, that the party president decided in his or her discretion if a debate concerned party's internal matter or it was an issue which related to the parliament. REFERENCE: 14th Amendment: Nawaz can't act against dissenters: lawyers Asad Ali DAWN WIRE SERVICE Week Ending: 08 July 2000 Issue : 06/26 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/jul08.html#14thThe military regime was also keen to repeal the 14th Amendment, allowing the members of parliament to speak out their mind without any fear of losing their seats. The government, the sources said, wanted that power should not concentrate in the hands of an individual, who could use it on his whims. The government, according to the sources, would not go outside the limits prescribed by the Supreme Court. Bringing back Article 58(2)(b) would not offend the judiciary as in one of its judgements (Mehmood Khan Achakzai case), the SC had termed the said amendment a "safety valve". The discretionary powers under 58(2)(b) were first used in 1988 by Gen Ziaul Haq, twice by President Ghulam Ishaq Khan and once by President Farooq Leghari. While granting powers to the chief executive to amend the constitution, the Supreme Court had held that no amendment should be made in derogation of federal structure of Pakistan, parliamentary form of government, independence of the judiciary and Islamic provisions of the Constitution, the sources added. REFERENCE: President to get back dismissal powers: Amendments being drafted Rafaqat Ali http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/apr0701.html#pres DAWN WIRE SERVICE Week Ending : 07 April 2001 Issue : 07/14http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/apr0701.html#pres
Return of the Jackal - Part Two
URL: http://www.youtube.com/watch?v=K7ws7Uxw1lo&feature=related
ISLAMABAD, Aug 31 Brigadier (retd) Imtiaz Ahmed, or others like him who served in the security services over the past three decades, may alone know the real reason for re-igniting the controversies regarding their role in the making and breaking of political parties, alliances and governments, and of institutionalising corruption in the country`s politics. It is unclear whether this was his intention but the retired brigadier, known as Imtiaz `Billa (the cat)` in the army circles of yesteryear, has done one great service to this nation. Through his confessions, which he proudly describes as `revelations`, he has revived memories of some of the worst transgressions of the law and violations of norms of decent conduct and human rights by the intelligence agencies. Particularly during the dreaded rule of the dictator Gen Ziaul Haq during the late `70s and early `80s. As these revelations jog one`s memory, one is propelled back in time to the period when Imtiaz Billa`s name had become synonymous with dirty, horrible, tactics in dealing with Zia`s political opponents. During this period, arrests, torture and even death in custody of political opponents dubbed Indian or Soviet agents, had become the order of the day. REFERENCE: Only bean-spilling spooks can tell why September 1, 2009 http://archives.dawn.com/archives/37099
Farooq Leghari selfishly opted for expediency. He felt safe with Nawaz Sharif. Elections were held, the number of votes cast was the lowest ever. The people were disillusioned, disinterested. Nawaz Sharif resumed his rule and started his second round. Having never batted on an even pitch, being used to playing the game with the umpire inevitably declaring a no-ball each time he was bowled, or caught, or run out, he decided to reverse the roles and declare the umpires ‘out’. The first to be neutralized was the president, disempowered by the 13th Amendment. The next to go, in one fell swoop, were the parliamentarians, all dissent being eliminated by the 14th Amendment. The judiciary soon followed, Nawaz Sharif fearing that Chief Justice Sajjad Ali Shah might be the man who could send him home. Before that could happen, Sajjad Ali Shah was sent home, together with the disempowered president who had dared flex a muscle. What was left? The army. Whether we like it or not, each government has rightly felt threatened by this disciplined party of half a million men who can rise at a single command. Nawaz Sharif was incapable of appreciating that it was possible for a general not to want martial law, not to want to take over the country, but to simply want to do his best by tendering professionally sound advice. Karamat was intelligent enough to understand that he and his men could not possibly serve the country and its people any better than the politicians. But he did his duty and voiced his protest at the deteriorating all-round situation, and continued to voice his protest. Finally, on October 5, he spoke out as he did. Can any reasonable man find any fault with what he said? Nawaz Sharif could find no fault with Karamat’s statement, but the fact that he had dared speak up was sufficient for the insecure prime minister to ask him to go. No one who dares raise a voice against the designs of the nation’s foremost ‘Nur da puttur’ can be tolerated. He asked Karamat to retract his statement, which Karamat could never do. Knowing that he would be sacked before he could get back to his HQ, the wise army chief there and then opted for premature retirement. REFERENCE: The man of the hour Ardeshir Cowasjee DAWN WIRE SERVICE Week Ending : 17 October 1998 Issue : 04/41 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1998/17Oct98.html#themReturn of the Jackal - Part Three
URL: http://www.youtube.com/watch?v=m3WH9O_AcwA&feature=related
ISLAMABAD, Aug 31 Brigadier (retd) Imtiaz Ahmed, or others like him who served in the security services over the past three decades, may alone know the real reason for re-igniting the controversies regarding their role in the making and breaking of political parties, alliances and governments, and of institutionalising corruption in the country`s politics. It is unclear whether this was his intention but the retired brigadier, known as Imtiaz `Billa (the cat)` in the army circles of yesteryear, has done one great service to this nation. Through his confessions, which he proudly describes as `revelations`, he has revived memories of some of the worst transgressions of the law and violations of norms of decent conduct and human rights by the intelligence agencies. Particularly during the dreaded rule of the dictator Gen Ziaul Haq during the late `70s and early `80s. As these revelations jog one`s memory, one is propelled back in time to the period when Imtiaz Billa`s name had become synonymous with dirty, horrible, tactics in dealing with Zia`s political opponents. During this period, arrests, torture and even death in custody of political opponents dubbed Indian or Soviet agents, had become the order of the day. REFERENCE: Only bean-spilling spooks can tell why September 1, 2009 http://archives.dawn.com/archives/37099
ISLAMABAD, March 20: The Supreme Court on Friday reserved its judgment on the petitions challenging the 14th Amendment with the observation that the petitioners should pray to God for providing "proper insight" to the court to decide the case. The seven-member bench headed by Chief Justice Ajmal Mian had started the hearing on Monday of the two constitutional petitions filed by Nawabzada Nasrullah Khan and Dr Abdul Basit. The counsel for Nawabzada Nasrullah Khan, Syed Iftikhar Gilani, presenting his arguments on Friday said there was no doubt that parliament had the power to legislate, but the power was not absolute. Parliament can make laws remaining within the limits prescribed by the Constitution, he said. Mr Gilani said he was not saying that members had the right to defect to a new party leaving the one on whose ticket they had been elected. He said his contention was that a member should be allowed to express his views. "If he (legislator) violates party decision or votes against party directive, he should be expelled or penalised," Mr Gilani said. Asghar Khan: ISI Bribery of Pak Politicians -1/2
URL: http://www.youtube.com/watch?v=-r8-w5Cawrs&feature=player_embedded
Asghar Khan - former Air Chief Marshall of the Pakistan Air Force, Chairman of the Tehrik-e-Istaqlaal political party, and a man renowned for his integrity and clarity - vociferously denounces Pak Army and intelligence agencies' interference in political process via distribution of cash to favored politicians. He explains how: (a) Army officers are obligated to obey only lawful commands of their superiors and should be prosecuted for bribery of politicians; (b) intelligence officials do not need a lawyer but only their conscience to decide which order are illegal; (c) there have never been any elections free from fraud since mid-70s; and (d) successive Pak governments have deliberately dragged ISI into domestic politics to suit their purpose. This interview was recorded in 2009 as part of "Policy Matters" program. REFERENCE: http://www.youtube.com/watch?v=-r8-w5Cawrs [Courtesy: Kashif H Khan]
Substantiating his argument, Mr Gilani said that a member was duty-bound to represent his constituents in the assembly and had to express his views if a legislation was under way which could affect the lives of his constituents. He said that the Supreme Court had defined the word defection in Pir Sabir Shah case. Under this definition a member would not be disqualified if he disagreed with the party, in good faith. Justice Shaikh Riaz observed that if defection was clearly defined, parliamentarians should correct the defection law themselves. Mr Gilani said that the decision to amend the law also rested with the party leader. He said if a party head enjoyed absolute power over the elected members, there was no need for forming a party. Mr Gilani said vesting arbitrary powers in the party leader to unseat an elected member for dissent, was alien to the provisions of the Constitution.Asghar Khan: ISI Bribery of Pak Politicians -2/2
URL: http://www.youtube.com/watch?v=FOtna-6RZag&feature=player_embedded
Asghar Khan - former Air Chief Marshall of the Pakistan Air Force, Chairman of the Tehrik-e-Istaqlaal political party, and a man renowned for his integrity and clarity - vociferously denounces Pak Army and intelligence agencies' interference in political process via distribution of cash to favored politicians. He explains how: (a) Army officers are obligated to obey only lawful commands of their superiors and should be prosecuted for bribery of politicians; (b) intelligence officials do not need a lawyer but only their conscience to decide which order are illegal; (c) there have never been any elections free from fraud since mid-70s; and (d) successive Pak governments have deliberately dragged ISI into domestic politics to suit their purpose. This interview was recorded in 2009 as part of "Policy Matters" program. REFERENCE: http://www.youtube.com/watch?v=-r8-w5Cawrs [Courtesy: Kashif H Khan]
Chief Justice Ajmal Mian observed that if a proposed legislation was not discussed at the party forum, there was something wrong with the working of the political party. Justice Irshad Hasan Khan observed that there was no bar on the members of parliament to speak, but not after a decision had been taken. He observed that a member could express his views when a policy was in the process of formation, but not after a decision had been taken by majority members. Justice Mamoon Kazi observed that a member of parliament had to safeguard the interests of his constituents, and he had the right to speak against the party line if he honestly felt that the proposed action was going to hurt the interests of his constituents. In response to the observation made by Justice Raja Afrasiab that a member was morally obliged to follow the party line, Syed Iftikhar Gilani said if a member after expressing his views went to vote against his party decision or abstained, he had certainly defected. But the right of a member to speak his mind could not be construed as defection as it was a fundamental right guaranteed under the Constitution. REFERENCE: 14th Amendment: SC reserves judgment on petition DAWN WIRE SERVICE Week Ending : 21 March 1998 Issue : 04/12 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1998/21Mar98.htmlAsghar Khan: ISI Bribery of Pak Politicians
URL: http://www.youtube.com/watch?v=9varQhZWSUI&feature=player_embedded
Asghar Khan - former Air Chief Marshall of the Pakistan Air Force, Chairman of the Tehrik-e-Istaqlaal political party, and a man renowned for his integrity and clarity - vociferously denounces Pak Army and intelligence agencies' interference in political process via distribution of cash to favored politicians. He explains how: (a) Army officers are obligated to obey only lawful commands of their superiors and should be prosecuted for bribery of politicians; (b) intelligence officials do not need a lawyer but only their conscience to decide which order are illegal; (c) there have never been any elections free from fraud since mid-70s; and (d) successive Pak governments have deliberately dragged ISI into domestic politics to suit their purpose. This interview was recorded in 2009 as part of "Policy Matters" program. REFERENCE: http://www.youtube.com/watch?v=-r8-w5Cawrs [Courtesy: Kashif H Khan]
LAHORE, Nov. 19: The Lahore High Court issued notice to the federal government in an application alleging that "the prime minister may use blank papers he got signed by the PML parliamentarians for moving an impeachment resolution against the president". The application has been moved by Dr. Abdul Basit in a pending writ petition seeking that appointment of a permanent chief election commissioner by the president in his discretion. The petition, filed on behalf of the Lawyers' Front for the Protection of Constitution, says that the CEC will soon have to adjudicate disqualification references against the prime minister and certain ministers and it is in the propriety of things that a permanent CEC is appointed by the president under Article 213. The federal government is already claiming that an acting CEC appointed under Article 217 will, like an acting chief justice, not enjoy all the powers of his office, alleges the petition. The new application alleges that the PM got blank papers signed by his partymen in Parliament before the suspension of the anti-defection 14th amendment. An impeachment notice or resolution may now be typed on these blank papers. It seeks a restraint order against the PM and a direction for scrutiny of the notice and resolution to ascertain whether they have been freshly signed by the movers. REFERENCE: LHC issues notice to govt. on 'blank papers' By Shujaat Ali Khan DAWN WIRE SERVICE Week Ending : 22 November 1997 Issue : 03/47 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1997/22Nov97.htmlAsghar Khan: ISI's Role in Pak Politics -1/2
URL: http://www.youtube.com/watch?v=6u_4vZloT68&feature=player_embedded
Asghar Khan: ISI's Role in Pak Politics -2/2
URL: http://www.youtube.com/watch?v=cVl2w1vb7mY&feature=player_embedded
Asghar Khan - former Air Chief Marshall of the Pakistan Air Force, Chairman of the Tehrik-e-Istaqlaal political party, and a man renowned for his integrity and clarity - vociferously denounces Pak Army and intelligence agencies' interference in political process via distribution of cash to favored politicians. He explains how: (a) Army officers are obligated to obey only lawful commands of their superiors and should be prosecuted for bribery of politicians; (b) intelligence officials do not need a lawyer but only their conscience to decide which order are illegal; (c) there have never been any elections free from fraud since mid-70s; and (d) successive Pak governments have deliberately dragged ISI into domestic politics to suit their purpose. This interview was recorded in 2009 as part of "Policy Matters" program. REFERENCE: http://www.youtube.com/watch?v=-r8-w5Cawrs [Courtesy: Kashif H Khan]
Less than three months after this transgression, on June 30, in the Senate, the rules of procedure were again suspended, The 14th Amendment Bill went through like a shot, passed in less than a day, without one single protest or dissent being recorded. On July 1, the bill was presented to the National Assembly, again rules of procedure were suspended, and the bill was passed immediately, again without one single protest or dissent. It went up to the president, on July 3 he put his signature to the bill, and on July 4 the Fourteenth Amendment Act of 1997 came into force. This Amendment admittedly has the aim of putting an end to lucrative defections. But 'lotaism' only existed because all our political parties were in the business of buying and selling bodies. However, that was not deemed to be sufficient. The prime minister had to be further empowered, and so he was. A member of a parliamentary party will also be deemed to have defected if he breaches any declared or undeclared party discipline, code of conduct or policies, or if he votes contrary to any direction issued by his parliamentary party, or if he abstains from voting as instructed by his party on any bill. The prosecutor, defence counsel, judge and jury who will decide the member's fate is the head of the party, whose decision is not justifiable in any court of law. The 14th amendment rendered the herd of legislators voiceless and the bell-wethers all supreme. Again, the president did not question the necessity for the stifling of all dissent. REFERENCE: Fascism on the march - IV Ardeshir Cowasjee DAWN WIRE SERVICE Week Ending: 03 January 1998 Issue:04/01 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1998/03Ja98.htmlYou have a firm base, you obtained the largest number of votes amongst all those elected in 1993. Why don't you get back to the National Assembly? You need not worry about any 14th Amendment. Each time the bought majority does wrong, you can dissent, and have your dissent recorded along with your reasons. Then, the power-hungry megalomaniacs will not be able to claim that their wicked amendments and laws were passed unanimously. Those with sense and perception will always firstly read the dissenter's views. People recognize honesty. A dissenter gains support, offering alternative leadership, motivating an 'in- house' change for the better. I hope this will germinate in his mind. Resistance to wrong, at every step taken, is what makes for good democracy. The people must hear him on the subject he well knows the subjugation and politicization of the judiciary by the politicians that rule over this sorry land. Farooq Leghari's resignation speech, neither written down nor doctored by after- thoughts, contains an indictment of those who have done
serious damage to the judiciary. As Farooq Leghari puts it, "the repositoryand the guarantor of the people's freedoms and the rule of law" has beendamaged and reduced to tatters by the machinatons of Nawaz Sharif and his men.
What was Leghari's successor in office, Rafiq Tarar, doing in Quetta on the day the order suspending Chief Justice Sajjad Ali Shah was handed down by the Quetta Bench of the Supreme Court? Why did Tarar and two others fly to Quetta in a special plane on that disastrous day? Leghari is right. Questions are being asked. Why were the police at the Quetta airport ordered not to manifest his arrival (which instructions they in fact manifested)? Where did Tarar stay on the night of November 26 (his departure on November 27 having been manifested by the airport police)? What reward was he given for his day's efforts? Why, on January 20, was a story leaked by the government to the press about the obstruction of justice early in 1997 in an alleged rape case involving a servant in the then Justice Ajmal Mian's Karachi house when he, as CJ, was presiding over the bench hearing contempt of court cases against Nawaz Sharif and others? Why were stories leaked about the foreign sholarship sponsored by the government to the wife of the good J-1 Saeeduzzaman Siddiqui? Why is the Muslim League inner circle boasting that the 'package'
will facilitate the appointment of J-2 as the next Chief Justice of Pakistan? Why are these government-inspired attempts being made to discredit these honourable judges? On February 19, I sent a letter to Mr M. A. Latif, Registrar of the Supreme Court of Pakistan :
"Sent herewith is a video cassette of the resignation speech made by President Farooq Ahmad Khan Leghari on December 2, 1997, which the Government of Prime Minister Nawaz Sharif refused to telecast live or to later telecast a recording. Nor was the speech published in full by the national press.
"The speech contains references to the 13th, 14th and 15th Amendments to the Constitution, to the contempt of court committed by the Prime Minister and others of his government, to the storming and the desecretion of the Supreme Court by the 'goons and parliamentarians of the ruling party' on November 28, 1997, (against which and whom no action has so far been taken), and to other relevant vitally pertinent issues which the Supreme Court is presently adjudicating. "Would you please hand over this cassette to Chief Justice Ajmal Mian enabling him to take such immediate appropriate action as he may deem necessary. "It may also be conveyed to the honourable Chief Justice that on February 18, when the former President addressed the members of the Karachi Press Club, I publicly asked him if he would be prepared to testify in the Court and reaffirm under oath all that he had stated that day. He answered in the affirmative. He is prepared to reaffirm and be questioned." REFERENCE: The second Tumandar Ardeshir Cowasjee DAWN WIRE SERVICE Week Ending : 28 February 1998 Issue : 04/09 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1998/28Feb98.html
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