ISLAMABAD: With political forces struggling to contain outbreaks of extreme violence in the country’s largest city, the Supreme Court stepped in on Monday – taking suo motu notice of the continuous bloodshed over the last three months. The court has directed all television channels to submit related video footage within 24 hours. A statement issued by the court’s human rights cell said that notices have been issued to all channels. The cell will review the footage and then forward the matter to Chief Justice Iftikhar Muhammad Chaudhry for further orders. The suo motu follows an appeal by religious scholar Dr Tahirul Qadri, who wrote a letter to a local newspaper urging the court to intervene as the federal and Sindh governments have failed to control the situation. Meanwhile, in a first instance of a petition calling for the armed forces to protect civilians, Advocate Tariq Asad has petitioned the court to direct the federal government to proclaim an emergency and call in the armed forces to assist civil authorities to protect the lives and liberties of Karachi’s citizens as guaranteed in the Constitution. REFERENCE: Judicial intervention: SC takes suo motu notice of Karachi violence By Qaiser Zulfiqar Published: August 22, 2011 http://tribune.com.pk/story/236881/karachi-violence-cjp-takes-suo-motu-notice/
Chief Justice of Pakistan takes suo motu notice of Karachi situation
KARACHI - Police and Rangers have failed to provide security to citizens and the politicians of Karachi should stop their politics of extortion, Supreme Court Bar Association (SCBA) President Asma Jahangir said on Monday while speaking to the members of the bar. “The country is in crisis from Karachi to Khyber Pakhunkhwa and politicians should play their role to restore peace,” she said. She said that the government is only engaged in forming useless committees instead of taking the required actions. “Rangers are only occupying plots and buildings of the educational institutions in Karachi and police leave their posts instead of providing protection to citizens,” she added. She said that the situations in Balochistan and Karachi are similar and this is not a matter in which the chief justice of Pakistan should take suo motu notice or army needs to interfere. “It is the politicians that can restore peace and harmony in the city,” she added. She said that the judges in the Sindh High Court and other high courts should be appointed on the basis of merit. REFERENCE: Politicians need to stop politics of extortion, says Asma Tuesday, 23 Aug 2011 http://www.pakistantoday.com.pk/2011/08/politicians-need-to-stop-politics-of-extortion-says-asma/
KARACHI: President Pakistan Supreme Court Bar Association (SCBA) Asma Jehangir has alleged that everyone was well aware of the fact that Pakistan People's Party's Aman Committee is actually its extortion-collecting wing, Geo News reported. Addressing lawyers at a meeting of Sindh High Court Bar Association (SHCBA), Asma Jehangir mocked that allocation should also be made in annual budget for the extortion mafia so that people could be spared. "Get ready to stage a sit-in," she asked the lawyers, promising, she would join the sit-down no matter how tense the situation gets that day. The SCBA President said it appears as if there was no presence of law in the city while the "Rangers are present in the city only to occupy schools and colleges". She said the situation was worsening every passing day and that it would itself invite the army to take control. To a question she said people knew very well as to which elements were responsible for disrupting the peace of Karachi. REFERENCE: Asma terms Aman Committee as PPP extortion wing Updated 3 hours ago http://www.thenews.com.pk/NewsDetail.aspx?ID=21267&title=Aman-Committee-is-PPP-extortion-wing
Monday, August 22, 2011, Ramzan Al Mubarak 21, 1432 A.H Updated at: 1750 |
ISLAMABAD: The man who has ruled Sindh as a de facto chief minister for many years finally lost his powers on Saturday. Brigadier Huda, who was an ISI commander in Sindh, was in fact the caretaker of the MQM-PML-Q provincial coalition government. He was responsible for running the coalition in a smooth manner. All major decisions were taken after his consultation. He resolved the differences between former CM Arbab Ghulam Rahim and the MQM many a time. Many provincial ministers even used to say “ooper Khuda aur neechay Huda”. The brigadier’s name figured in the power circles of Islamabad in the evening of May 12, 2007. Brigadier Huda was given credit for the show of massive government power in Karachi on that day. Initially, the MQM was reluctant to hold a rally in Karachi on May 12. The then ISI DG Gen Ashfaq Kayani also had the same opinion that the MQM should not come out on the streets when Justice Iftikhar Muhammad Chaudhry would visit Karachi. It was Huda who played an important role in convincing the MQM not to cancel its rally. He assured the MQM leadership that there will be no riots on that day though he was proved wrong. He was supposed to be very close to the then Army chief General Pervez Musharraf. However, no action was taken against him. REFERENCE: De facto Sindh CM finally transferred Monday, April 21, 2008 By Hamid Mir http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=14221&Cat=13&dt=4/21/2008
The blasts in the rally of Benazir Bhutto on October 18, 2007 in Karachi were another failure of Brigadier Huda. He was responsible for the security of Benazir Bhutto on that day more than anybody else. However, he was not transferred despite his repeated failures. His downfall started on April 9, 2008, when many people including lawyers were killed in the Karachi violence. It was another failure on the part of Huda. The new PPP government in Sindh felt that Brigadier Huda was still having immense political influence. It believed that he was in contact with the anti-PPP forces. Many important bureaucrats reported to the provincial government that Huda was interfering in different departments. He was more interested in “political makings and breakings” than doing his security job. After the episode of April 9, PPP leaders asked ISI Director General Lt Gen Nadeem Taj through the prime minister that Huda must be transferred. It took just a few days and Huda was transferred. He was replaced by another brigadier. The PPP gave a message that it means business and it will not tolerate any ambitious spymasters. There are rumors in the capital that the ISI DG will also be transferred soon but highly-placed sources in the new government dispelled all these rumours. “The prime minister has the authority to change the ISI DG anytime but right now we don’t need to change him,” claimed a top PPP leader. REFERENCE: De facto Sindh CM finally transferred Monday, April 21, 2008 By Hamid Mir http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=14221&Cat=13&dt=4/21/2008
MQM on Asma Jahangir & 12 May 2007 Tragedy
Altaf Hussain Exposing Nawaz Sharif on Judiciary & Long March.
KARACHI, Aug 29: The Muttahida Qaumi Movement and the Human Rights of Commission of Pakistan continue to trade allegations following the release of an HRCP report in Lahore on Aug 27 on the May 12 violence. Terming the report baseless and biased, the MQM has asked HRCP chairperson Asma Jahangir to desist from playing politics under the shelter of the human rights body. Speaking at a press conference here on Tuesday, deputy convenor coordination committee Dr Farooq Sattar said the report issued by the HRCP chairperson amounted to contempt of court as a larger bench of the Sindh High Court was hearing a case about the May 12 violence. “This is an attempt to influence the proceeding and the court should take notice of it,” he remarked. He criticised Ms Jahangir for her “mala-fide intention to malign the MQM”. Dr Sattar, however, said that a day before May 12, Ms Jahangir called at the party’s London secretariat and spoke to a senior leader, Mohammad Anwar, telling him that a conspiracy was being hatched against the MQM and there would be bloodshed on May 12. “If she was not involved, then how could she know about the conspiracy and bloodshed in advance?” He said the party had sent all pieces of evidence and details of MQM workers killed on May 12 to national and international rights organisations. However, it was surprising that the HRCP in its report did not bother to incorporate the evidence provided by the MQM, he added. He said the SHC was hearing the May 12 incidents case and any decision to fix responsibility could only be taken by the court. In a press statement on Wednesday, the HRCP said it welcomed comments and critiques on all its reports and in that sense the press conference held by Dr Farooq Sattar was not unexceptional. However, it termed baseless his allegations against the HRCP and its chairperson. “Reports compiled by HRCP are independent of all influences and are not initiated at the behest of any group or individual. HRCP believes in collective decision making by its representatives and those associated with the fact-finding process. All credible information is included,” the statement said. It further said: “Dr Sattar has alleged in his press conference that the MQM sent a bundle of material to HRCP regarding the May 12 violence. HRCP has received no such material. “He has further made malicious allegations of contacts made by the Chairperson of HRCP warning the MQM of a conspiracy against them through bloody ethic violence. This is also baseless. It is amazing that MQM found it fit to disclose such a scandalous fact only after the publication of the HRCP report.” REFERENCE: KARACHI: HRCP report on May 12 violence irks MQM By Our Staff Reporter August 30, 2007 Thursday Sha'aban 16, 1428 http://archives.dawn.com/dawnftp/188.8.131.52/dawnftp/2007/08/30/local7.htm
ISLAMABAD: Supreme Court Bar Association (SCBA) President Asma Jahangir on Wednesday accused the Muttahida Qaumi Movement (MQM) of having involvement in the bloody incident of May 12, 2007, in Karachi, and requested an independent inquiry into the incident. As many as 49 people were killed and many others wounded four years ago on May 12 when a deposed Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry visited Karachi. Talking to reporters on the Supreme Court premises, the SCBA president along with Pakistan Bar Council (PBC) Vice Chairman Latif Afridi announced that the legal fraternity would observe May 12 (today) as black day to express solidarity with those 49 killed. Asma said that on May 12, 2007, lawyers, journalists and members of civil society, who wanted to accord a rousing welcome to Justice Iftikhar Chaudhry deposed by former dictator Pervez Musharraf, were killed in Karachi. She demanded a free inquiry into the incident, and announced that on Thursday (today) the SCBA was convening a “protest meeting” at the apex court. The PBC vice chairman appealed to the CJP to take suo motu notice of the May 12 incident. REFERENCE: Asma blames MQM for May 12, 2007 incident Staff Report Thursday, May 12, 2011 http://www.dailytimes.com.pk/default.asp?page=2011%5C05%5C12%5Cstory_12-5-2011_pg7_2
LAHORE, Aug 29: The Labour Party Pakistan has criticised the Muttahida Qaumi Movement (MQM) for launching a propaganda campaign against the Human Rights Commission of Pakistan (HRCP) for presenting a report on May 12 incidents in Karachi. Party Secretary-General Farooq Tariq said there was no justification for the MQM to initiate a whispering campaign against HRCP Chairperson Asma Jehangir because the commission was a non-political organization which continued investigating the incidents of individual and state terrorism and issue reports. Asma Jehangir was a human rights activist and had nothing to do with the Pakistan People’s Party (PPP). Mr Tariq said the MQM had been irritated over the HRCP report because it showed its involvement in the carnage. He said workers of Labour Party and other organisations had expressed fears about violence when the government and the MQM decided to organise a rally in Karachi on May 12 on the arrival of Chief Justice Iftikhar Muhammad Chaudhry. He said that if the MQM had any videotape about May 12 incidents in Karachi it should make it public without editing. REFERENCE: MQM rapped for ‘drive against Asma’ By Our Reporter August 30, 2007 Thursday Sha'aban 16, 1428 http://archives.dawn.com/dawnftp/184.108.40.206/dawnftp/2007/08/30/nat43.htm
KARACHI, Aug 30: A top official of the Human Rights Commission of Pakistan (HRCP) said on Thursday that the organisation tried to restrain the Muttahida Qaumi Movement (MQM) from creating “mayhem” on May 12 when the independent rights body’s chief telephoned the MQM leadership a day before and advised them to avoid conflict during the chief justice’s visit to the city. “Our chairperson tried to persuade the MQM leadership to hold its rally on any other day and avoid the possibility of conflict. She did nothing else. The MQM leaders’ allegations against her are baseless and concocted,” Iqbal Haider, secretary-general of the HRCP, said at the launch of their report on the May 12 events at the organisation’s Karachi office. Referring to the recent statement of Dr Farooq Sattar, deputy convener of the MQM’s coordination committee, in which he termed the HRCP report “partisan” and said the report was not appropriate considering that the matter was sub judice, Mr Haider said that in fact the HRCP was assisting the Sindh High Court in the suo motu case pertaining to the May 12 violence. “Such statements do not befit those who attacked the judiciary and detained lawyers. They themselves committed the greatest contempt of court by not allowing the chief justice of Pakistan to come out of the airport. Their allegations against the HRCP contradict their own role,” he said.
He asked Dr Sattar to produce the “unedited version” of the tape of Asma Jehangir’s conversation with the MQM leadership so that the truth was told in its “real sprit” to the public. “The tape should be genuine, unedited and not distorted to let people know what she had advised to the MQM,” he said. Mr Haider said the report, titled “A City Under Siege: Carnage in Karachi,” had been submitted to all the seven judges of the larger bench of the SHC conducting proceedings into the May 12 events on Thursday. “We’ll appear in court on Monday when the proceedings of the case are scheduled to resume,” he said. Mr Haider said the investigations were conducted by impartial volunteers and prepared without any political influence or partiality. According to him, the May 12 killings had no precedence in the past because never before had the police and other law-enforcement agencies been asked to relinquish control of law and order and adopt the role of “mere spectators.” “The government failed to discharge its duties in protecting and safeguarding the lives of its citizens, and it failed deliberately,” he claimed.
‘15 million held hostage’
The report says May 12 represented something quite unprecedented in the history of Pakistan. “In quantitative terms the violence perpetrated on that day might find parallel only very occasionally. Well over 40 people lost their lives, and the number of the injured ran into the hundreds. But it was in qualitative terms that the events were truly without historical comparison. “An entire city of nearly 15 million was held hostage by people who appeared to be private citizens. The violence and the threat of violence engulfed nearly all localities of this huge city – in the east, west, north, south and the centre,” says the report.It says the escalation of tensions in the build-up to May 12 was entirely avoidable. The idea of a showdown between supporters of the CJ – who, despite the reference, was a serving functionary of the state – and supporters of a political party was “almost entirely artificially created.” “There was nothing inherently antagonistic in the two positions held by the supporters of the lawyers’ movement and the MQM that warranted any form of violence or bloodshed. It appears almost incomprehensible that large-scale violence of various types – roadblocks, ambushes, armed clashes, abductions etc – was meticulously planned and executed across the city, while the state security apparatus was effectively withdrawn.” The report says May 12, 2007 will be remembered as the day the state withdrew. “While the loss of precious lives is the most deplorable aspect of the day, a matter of grave concern from the perspective of institutional integrity of the state is the virtual withdrawal of the state’s security apparatus for almost 20 hours and the actual takeover of the city by armed cadres of one or more than one political party,” it says. “For some apparently inexplicable reason, the objective was to stop the CJ – a serving state functionary – from being received by his lawyer and political supporters. It is clear from the benefit of hindsight that all of the actions of the Sindh government – which was the main state organ responsible for security – were geared to achieve this aim.” The report holds responsible the Sindh provincial government and the federal security agencies such as the Rangers and military – “that arrogate and retain de facto and de jure policing duties in Karachi” -- for the gory events. “To this extent the functionaries of the federal and provincial governments and military and paramilitary forces stationed in Karachi bear responsibility.” It says that the MQM, to a great extent, and other political parties, to a smaller extent, have a case to answer. “All the evidence shows that these parties, particularly the MQM, acted like organised military forces, which mobilised large numbers of people to carry out acts of brutal violence against their opponents as well as non-partisan citizens. For this the level of responsibility needs to be more specific and direct than the one implied in the notion of collective political responsibility.” “The MQM, or at least its military organisation, bears the direct and specific responsibility for the majority of the violence. Residual responsibility lies with the armed supporters of other political and religious parties,” the HRCP report says. REFERENCE: KARACHI: ‘HRCP urged MQM to avoid May 12 conflict’ by Hasan Mansoor August 31, 2007 Friday Sha'aban 17, 1428 http://archives.dawn.com/dawnftp/220.127.116.11/dawnftp/2007/08/31/local1.htm
Way Back in 2007: KARACHI, May 12: Muttahida Qaumi Movement chief Altaf Hussain on Saturday asked Chief Justice of Pakistan Iftikhar Muhammad Chaudhry to resign from his post for violating his oath of office. “Mr Chief Justice, you had breached the oath taken under the Constitution by taking another oath under the Provisional Constitutional Order. I demand that you make an apology to the whole nation for this act, tender resignation and then come forward for the cause of the independence of the judiciary,” he said while addressing a rally called by the party against what was described as political jugglery in the name of the independence of the judiciary. Mr Hussain was of the view that opposition political and religious parties were using the issue of CJ for dissolution of the government. “This should be stopped forthwith as solidarity of Pakistan lies in a true democratic government,” he added.A large number of people reached M.A. Jinnah Road to take part in the MQM rally. Mr Hussain, who was sad and grieved over the loss of lives on Saturday, said that no untoward incident had taken place in any part of the city but with the landing of CJ’s flight at Karachi Airport the situation started deteriorating. “After noon when the CJ’s plane landed in Karachi, terrorists started targeting MQM rallies in different areas by firing indiscriminately.” He informed the participants that over a dozen workers of the MQM were targeted while hundreds of workers and supporters were injured. However, he declared that nothing could stop the struggle of the MQM for the rights of the oppressed people. The MQM leader said that the Sindh Home Department requested the CJ to cancel his visit to Karachi on the basis of certain intelligence reports but he did not accede to the request. “I believe now you [the Chief Justice] are feeling relaxed after so many people lost their lives due to your programme.” “Mr Chief Justice, kindly recognise political jugglers around you. On the occasion of your arrival, miscreants and enemies of the country killed innocent people,” he said. He wondered why the participants of a procession in Punjab to welcome the CJ in Lahore were raising the slogans of “Go Musharraf Go” instead of “Go Military Go”.
He also asked the legal fraternity why they did not hold rallies and demonstrations when former chief justice Saeeduzzaman Siddiqui and other honorable judges of the Supreme Court and High Courts were asked to take another oath on the PCO which they refused. He said that MQM would support the CJ if he apologised to the nation for taking another oath under the PCO and tender resignation for doing an unconstitutional act. Mr Hussain said that opposition political and religious parties were jealous of rapid development work in Karachi. “Miscreants in the name of the independence of the judiciary tried to engineer Pakhtoon-Mohajir riots in the city but they will not succeed in their evil designs,” he said. He demanded that the judiciary be given independence and all institutions be restricted to their assigned tasks only. He asked the participants to disperse peacefully and not be provoked. REFERENCE: KARACHI: Altaf wants CJ to tender resignation By Our Staff Reporter May 13, 2007 Sunday Rabi-us-Sani 25, 1428 http://archives.dawn.com/dawnftp/18.104.22.168/dawnftp/2007/05/13/local3.htm
Riposte to Ansar Abbasi by Mustafa Azizabadi: 05 February 2009 - A Riposte to Ansar Abbasi by Mustafa Azizabadi, Member Central Rabita Committee & In charge Central Media cell. MQM In the Urdu daily Jang of February 2, 2009 there was a column titled “Would Altaf Hussain participate in long march ?”, by the famous journalist Mr. Ansar Abbasi known for his research and investigative journalism. This column was a direct response to MQM’s Quaid Mr. Altaf Hussain’s address to MQM’s rabita committee Aonther Riposte to Ansar Abbasi, 10 Feb 2009
On Thursday, February 05, 2009; 2:44 AM….In the Urdu daily Jang of February 2, 2009 there was a column titled “Would Altaf Hussain participate in long march ?”, by the famous journalist Mr. Ansar Abbasi known for his research and investigative journalism. This column was a direct response to MQM’s Quaid Mr. Altaf Hussain’s address to MQM’s rabita committee in London on Jan 27, 2009. During the address Mr. Altaf Hussain put a simple question to Mr. Nawaz Shareef vis-à-vis PCO judges. that “what does the Charter of democracy’s article 3, clause (a) & (b) says about those judges who took oath under the PCO and if Mian sahib can answer this question then MQM too would diligently work with them towards the enforcement of Charter of Democracy.”. But in case Mian Nawaz fails to answer the question then it will be morally binding on him and an obligation to reconsider his decision to participate in long march. Principally & professionally speaking the answer should have come from Mian Nawaz Shareef. Alas it never came; nevertheless Mr. Ansar Abbasi took upon himself to issue a rejoinder. Peoples Party’s Shaheed Chairperson Mohtarma Benazir Bhutto and Mian Nawaz Shareef put their signatures on the Charter of Democracy (COD) comprising of 7 pages, 4 important topics and 36 articles in London on May, 14, 2006. But here we will only talk about the relevant points brought up by Mr. Ansar Abbasi, explained and deliberated upon in the aforementioned column. Mr. Abbasi says that COD’s article 3(a) explains the procedure for appointment of new judges and that Article 3(b) addresses the already appointed judges of higher courts with relevance to their oath taken under PCO. Indeed this is true that Article 3 (b) addresses the oath taken by superior courts judges under the PCO and this is exactly said in the COD that “No judge shall take oath under PCO and nor shall he take any oath whose language stands at odds with the 1973 constitution’s defined language for oath of judges”. Let’s read the exact text of the relevant Article from the COD. Under Article 3(a) it says “The recommendations for appointment of judges to superior judiciary shall be formulated through a commission, which shall comprise of the following: (i). The chairman shall be a chief justice, who has never previously taken oath under the PCO.”
Judges & 12 May 2007 "Karachi Killings" - Part 1 (NEWS ONE/TV ONE 2008)
Judges & 12 May 2007 "Karachi Killings" - Part 2 (NEWS ONE/TV ONE 2008)
Ansar Abbasi in his column translates it as “The recommendations for the appointment of judges for the superior courts shall be undertaken through a Commission. This commission will comprise of following individuals.
1) The Commission’s chairman shall be a Chief Justice, who has never previously taken oath under PCO”. Mr. Ansar Abbasi himself mentions that “according to this Article Mr. Iftikhar Chaudhry (deposed) Chief Justice cannot become the chairman of this commission which has been entrusted with the task of making recommendations for the appointment of new judges. And for this any chief justice who in past did not take oath under PCO stands eligible to become chairman of this commission”. Our question to Mr. Ansar Abbasi when he openly admits that according to COD’s Article 3(a) Mr. Iftikhar Chaudhry (deposed) CJ cannot become chairman of the commission that will make recommendations for the appointment of judges to superior courts and is not eligible for the task then how can he according to Article 3(a) be eligible to hold the highest and honorable office of the superior court? Knowing this reality in its totality and fully well would it be right and legal to demand his restoration?
Judges & 12 May 2007 "Karachi Killings" - Part 3 (NEWS ONE/TV ONE 2008)
Judges & 12 May 2007 "Karachi Killings" - Part 4 (NEWS ONE/TV ONE 2008)
A very amusing point that MR Ansar Abbasi brings forth with regards to Article 3(a) in his column; it says “this sub-article has nothing to do with the current judges and that few people according to a well thought of plan are interpreting Article 3(a) in such a way so as to make the restoration of Mr. Iftikhar Chaudhry controversial and create confusion in common people”. But after explaining Article 3(a) he says “the authors of COD after much thought did not use the word “The Chief Justice” of Pakistan but used “a chief justice” since they knew that the chief justice of that time and those who will follow as chief justice will be those who took oath under the 2001 PCO”.
Quite strikingly Mr. Abbasi accepted the fact that in May 2006 this particular Article in the COD was specially included for the chief justice in office at that time and his brother justices who had taken oath under PCO so that Mr. Iftikhar Chaudhry and other justices who took oath under General Pervez Musharraf’s PCO will stand disqualified for appointment as superior court judges. Moreover this is absolutely true that on May 14, 2006 when Mohtarma Benazir Bhutto Shaheed and Mian Nawaz Shareef signed the COD, both the leaders had no clue and nor did the senior leadership of two parties knew anything or for that matter the leaders of lawyers movement had any idea that on march 9 a reference would be filed against Mr. Iftikhar Chaudhry the sitting chief justice of Pakistan, that on November 3 General Musharraf would again impose emergency in the country and that judges would again be required by him to take new oaths under the PCO. As for making Mr. Justice Iftikhar Chaudhry controversial, it is those parties who are dragging him into political rallies and processions that are to be blamed. As a justice Mr. Iftikhar Chaudhry deserves the respect and protocol that comes with the office. Sadly & with due respect the chief justices and judges of superior courts are not only and strictly prohibited from public appearances, attending or endorsing political rallies and agendas, but even barred from attending private functions of such nature. But the honorable justice thought it right to go ahead with attending political rallies and processions and let the exalted office of chief justice go to the street and let himself become a spectacle on top of being controversial.
Judges & 12 May 2007 "Karachi Killings" - Part 5 (NEWS ONE/TV ONE 2008)
Judges & 12 May 2007 "Karachi Killings" - Part 6 (NEWS ONE/TV ONE 2008)
PML (N) leadership came up with the ludicrous argument that PCO’s mention in the COD is with reference to those judges who took oath on November 3, 2007. The question is that when the signatures were being put on charter of democracy on May 14, 2006 it was way before November 3, 2007, then whether PML (N) leadership got the premonition that on November 3, 2007 judges will take oath under the PCO? As per Ansar Abbasi if Article 3(a) of COD has no relevance with current judges or of any consequence to them then who are these particular PCO judges mentioned in the COD, since before January 2000 the PCO came in General Zia-ul-Haq’s martial law in 1977 and none of those PCO judges from General Zia’s time were present in the judiciary of 2007. Accordingly it proves that in the COD announced on May 14, 2006 the very mention of PCO refers to the PCO of General Musharraf introduced in January 2000 and those who took oath on it. The fact is that in the COD the issue of judges taking oath under PCO has been dealt with utmost seriousness and in Article 3(a) clause (2) with reference to procedure for appointment of judges in superior courts that it clearly says commission that makes recommendations for the appointment of judges, its members shall be Provincial High Court Chief Justices who have never taken oath under PCO. In case the criteria are not met then it will be senior most judges who will be members of the commission and those who have never taken oath under PCO. If in January 2000 there had been no PCO by General Musharraf and Justice Iftikhar Chaudhry and his brother justices not taken oath under the PCO and provided constitutional protection to General Musharraf’s dictatorship, then it is our firm belief that in COD the mention of judges who took oath under PCO and their appointment would not have been mentioned as an Article in order to disqualify them. But on the contrary this would not have been an issue at all.
Judges & 12 May 2007 "Karachi Killings" - Part 7 (NEWS ONE/TV ONE 2008)
Judges & 12 May 2007 "Karachi Killings" - Part 8 (NEWS ONE/TV ONE 2008)
Mian Nawaz Shareef, Qazi Husaain Ahmed, Imran Khan and their like minded political leaders, lawyers, Ansar Abbasi and others of same thought look down on the current Supreme Court Chief Justice Mr. Abdul Hameed Dogar and judges appointed under the PCO after the emergency of November 3, 2007 and don’t spare a moment in maligning them and consider them unconstitutional. Mian Nawaz Sharif has taken the extreme position of not recognizing them and has not hesitated in using derogatory and uncouth language such as “anti-state elements”, “traitors” and ”anti-Pakistan” and keeps using it in public. We have one question to all the above mentioned personalities and with all due respect we ask if Mr. Chief Justice Abdul Hameed Dogar and other judges taking oath under PCO on November 3, 2007 in their eyes was a serious and punishable crime then Mr. Justice Iftikhar Chaudhry’s oath on January 4, 2000 under General Musharraf’s first PCO too falls in the category of a serious and punishable crime. Then why do they present this one judge who committed the same unconstitutional act as a hero and the other as a traitor? Was General Musharraf’s PCO in 2000 was correct and in accordance with the constitution of Pakistan? If this is true then the Chief Justice of that time Mr. Saeed-uz-Zaman Siddiqui, Justice Nasir Aslam Zahid, Justice Wajeehuddin Ahmed, Justice Kamal Mansoor Alam, Justice Mamoon Kazi, and Justice Khalil-ur-Rahman would not have said no to taking oath under PCO and would not have said that we have already taken oath under the constitution of Pakistan and therefore we will not take a second oath under the PCO. These were the true heroes of judiciary those who demonstrated strength of character and were brave enough to not to take oath under PCO and instead submitted their resignations. This most important chapter in Pakistan’s legal history went unnoticed by Mian Nawaz Shareef and by the leadership of PML (N) who are always at the forefront of all kinds of foul and malicious attacks on Supreme Court. Rather they never came out on streets at that time, nor protested or bothered to become champions of judiciary. Nor did the lawyers who are ardently campaigning for restoration of deposed Chief Justice Iftikhar Chaudhry and equate it with freedom of judiciary ever bothered to come out at that time and launch protests. Neither did Mr. Ansar Abbasi custodian of the pen and freedom of expression bothered to come out and lodge angry protests and columns. The sad irony is that lawyers and those political leaders who are at the forefront of long marches, waving angry fists and raging in fury never bothered to come out for Chief Justice of that time Mr. Saeed-uz-Zaman Siddiqui, Justice Nasir Aslam Zahid, Justice Wajeehuddin Ahmed, Justice Kamal Mansoor Alam, Justice Mamoon Kazi, and Justice Khalil-ur-Rahman. Not even a mild protest or statement from these lawyers was registered or launched in favor of these true heroes of judiciary. Why this dual approach and where was the civil society then? And what were the prominent members of ex-servicemen’s society doing at that time or were they hiding in some hole? Where was their sense of democracy at that time? Had Justice Iftikhar Chaudhry taken the honorable and brave step of siding with the judges who refused to take oath under General Musharraf’s PCO in 2000 then MQM too would have been at his side, as MQM’s demand and stand is principled, MQM questions as to why is only the restoration of the Nov 2 2007 judges being demanded & why not the judges who refused to take oath under PCO in 2000 and are true heroes who stood up like true men and should all be restored.
Judges & 12 May 2007 "Karachi Killings" - Part 9 (NEWS ONE/TV ONE 2008)
MQM strictly adheres to the principled stand that if Justice Iftikhar Chaudhry’s taking oath in 2000 under General Musharraf’s PCO is acceptable and correct according to Ansar Abbasi and his confidantes and like-minded then how is that judges who took oath on November 3, 2007 under General Musharraf’s second PCO could be illegal ? If one judge who took oath under one PCO is judiciary’s hero, protector and flag bearer of the constitution and considered champion of law then how is it so that another judge who took oath under second PCO can be declared as the villain of judiciary ? and one who abrogated constitution ? If the oath taken on November 3, 2007 by judges was wrong then how is that oath taken earlier in 2000 under the first PCO by General Musharraf by justice Iftikhar Chaudhry was legit and right in the eyes of law ? Asking to restore judges appointed under the first PCO and taking out long marches in their support and when it comes to judges who took oath under second PCO showing utter and abject disregard , calling them as unconstitutional and demanding for them to be removed is nothing short of blatant dichotomy in the character and logic of those who are espousing Justice Iftikhar Chaudhry’s restoration. If the PCO of January 2000 was right and legit then how that is the PCO of November 3 2007 was wrong and illegal? If the second PCO was wrong and illegal then how can the first PCO be declared as right and legit?
Ansar Abbasi and his like minded political and religious leadership, members of legal community curse and accuse General Musharraf for breaking the constitution, twice introducing PCO, keeping both President & Army Chief offices, fighting elections in uniform and distorting the constitution of the country. Alongside they also demand the restoration of the judiciary of November 2, 2007. Basically they want the restoration of the judiciary whose Chief Justice was Iftikhar Chaudhry. For those with short memories let me remind them with great respect that General Musharraf’s takeover on October 12 1999 and his non-democratic step and his chief executive’s position was validated under doctrine of necessity by whom? In 2000 General Musharraf was allowed to postpone elections for two years by whom? Again in 2002 and in 2005 General Musharraf had both the offices of Chief of Army Staff as well as President and a constitutional writ that was filed against it in Supreme Court was rejected by whom?
Yet again on September 28th 2007 who gave permission to General Musharraf to fight elections in uniform? Was it the Dogar Judiciary as cynically put by Nawaz Shareef or was it the judiciary of November 2, 2007 that rejected the constitutional writs against General Musharraf regarding his Chief of Army Staff uniform, these writs according to Article 184(3) were declared as non maintainable and rejected by whom?
If Mr. Ansar Abbasi and his like minded friends and cronies call General Musharraf a dictator and usurper then who gave sanctuary and constitutional protection to this dictator’s extra-constitutional steps?
In due consideration and full acknowledgement of these facts and in light of this evidence Mr. Ansar Abbasi should sincerely ponder and seriously reflect as to whom is the true violator of the Charter of Democracy? Whether it is MQM or was it Nawaz Shareef and his political allies and confidantes who in demanding the restoration of PCO judges are standing accused of violating their own charter of democracy? If Ansar Abbasi and his confidantes and like minded political friends think and view the COD as that sacrosanct document that if its is not practiced then the entire judiciary, parliamentary system and democracy can be declared as non constitutional and can lead to the turning of tables on democracy and its lynching then principled approach and scruples tell us that if one has faith in COD then one should not talk of restoration of an individual who took oath under a dictator’s PCO, someone who provided full protection to the dictators extra constitutional transgressions. And if one only wants to talk out loud on the COD and not to practice it in spirit , then those who talk out the loudest on the COD should instead of long march go to the Constitution Avenue in Islamabad and burn this COD in the presence of public and in their court and to stop fooling people and pray for their forgiveness.
Would Mr. Ansar Abbasi exhibit moral courage to seek nation’s forgiveness for supporting Mr. Iftikhar Chaudhry a person who took oath under General Musharraf’s PCO, a person who provided constitutional protection on many occasions to General Musharraf’s extra-constitutional steps? MQM’s leader Mr. Altaf Hussain sacrificed his party’s interest in lieu of the sensitive national security situation, the perils that democracy is facing today and for its survival in Pakistan. But is that what Mr. Ansar Abbasi would like to see that we put the entire country at stake for one person’s ego arrogance and his employment? Would MR Ansar Abbasi like to sacrifice the entire country, throw democracy in tailspin and put it to the torment of long marches, shutter-down strikes, chaos and lawlessness in these perilous times? Is MR Ansar Abbasi ready to back a long march and sit-downs that aims to destabilize the elected parliaments and to rock democracy’s boat and only to lead to have it trampled under some new dictator’s boots? Mr. Ansar Abbasi and his confidantes and like minded friends will for the sake of democracy have to select between an individual and our country’s democratic system. Is Mr. Abbasi he ready to do it? REFERENCE: A Riposte to Ansar Abbasi By Mustafa Azizabadi Member – Central Rabita Committee & In charge Central Media cell. MQM http://www.mqm.org/English-News/feb-2009/azizabadi-article07-02-09.htm
Kamran Khan (Jang Group) Exploits Wiki Leaks "Again" - 4 (Aaj Kamran Khan Ke Sath - 07-07-2011)
E.O. 12958: DECL: 06/06/2017
TAGS: PK, PREL, PGOV
SUBJECT: MQM FEELING WOUNDED
REF: A. KARACHI 0401
B. ISLAMABAD 02193 AND PREVIOUS
Classified By: Charge d`Affaires Peter Bodde, Reasons 1.4 (b), (d)
1. (C) On June 1, Charge met with Minister of Ports and Shipping (and MQM member) Babar Khan Ghauri to discuss the May 11-13 violence in Karachi. Ghauri said the Karachi violence had “killed” the MQM`s chances of gaining voters in Punjab province. The party was focusing on repairing its reputation in Karachi and Sindh.
2. (C) According to Ghauri, police and Sindh Rangers were stationed at key “buffer” points in Karachi on May 12, anticipating clashes between opposition and MQM activists. At around 2:00 a.m., the officers abandoned their positions. (Note: The Rangers, like the Karachi police, might have been under local orders not to intervene (ref A). End Note.) Ghauri reported that on May 13, after a phone call with Governor of Sindh Ishrat-ul-Ebad, President Musharraf ordered police and rangers onto the streets in Karachi. Ghauri also said Musharraf asked PML-Q coalition partners to maintain a public posture that would not cause undue political damage to the MQM. Regarding whether MQM head Altaf Hussain played any part in planning the violence, Ghauri said “No, absolutely not. We were trying to expand into Punjab; how would we have benefited from this?” (Note: Reliable Embassy and Consulate Karachi contacts believe that at the very least Hussain suspected there would be violence on May 12 and supported the MQM counter-rally in any case. End Note.)
3. (C) Comment: Ghauri confirmed what in-country MQM leader Farooq Sattar told us in a May 17 phone call (ref C): the events of May 11-13 in Karachi deeply wounded the MQM. Ghauri noted several times during the meeting that his party`s leadership felt “alone” and that they were worried the PML-Q would abandon them. Indeed, a number of PML-Q contacts privately tell us they believe MQM was culpable for the events, and the PML-Q should distance itself from the MQM to prevent damage to its own reputation. Nevertheless, President Musharraf and some other government officials continue to blame the opposition and Chief Justice for the May 12 violence. Given that much of the public and media believe the MQM principally responsible for the violence, Musharraf`s position could exacerbate his political problems. End Comment. BODDE REFERENCE: 2007: Babar Ghauri said May 12 violence killed MQM`s chances in Punjab http://www.dawn.com/2011/05/31/2007-babar-ghauri-said-may-12-violence-killed-mqm-s-chances-in-punjab-2.html