2013 - ISLAMABAD: A three-judge bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry resumed hearing the petition filed by Dr Mubashir Hassan against ‘pre-poll rigging’ here on Tuesday. During today’s proceedings, the Chief Justice remarked that the main objective of the petition is to ensure the implementation of Article 62 and 63. The court has already ordered to provide the voters access to the candidates’ data and sought advice over the steps that can be taken in this regard. The CJ continued saying that the court can neither legislate nor can issue SOPs. The court is unaware of the objections that a voter can raise over the candidates. Orders were also issued in the dual nationality case. The condition of holding a degree has also been quashed this time that was mandatory earlier. Azhar Siddique, one of the lawyers representing Dr Musbashir Hassan, said that the Election Commission of Pakistan (ECP) is giving false information about the verification of the degrees as revealed by the Higher Education Commission (HEC). On this, the CJ remarked that whether the ECP should conduct elections or attend court proceedings. He asked to identify the persons about who the commission had provided wrong information so that the court could summon them. Chief Justice Iftikhar Chaudhry further said that the ECP knows better how to implement Article 62 and 63. Dr Mubashir Hassan’s counsel AJ Dogar contended that the SC, in its July 31 order, had declared November 3 steps taken by former president General (retd) Pervez Musharraf as null and void. He violated the constitution but now he is preparing to contest in the elections. On this, the CJ said that objection should be raised from where Musharraf is submitting the nomination papers. The court, then, adjourned the hearing for one week. On Tuesday, Chief Justice Iftikhar Muhammad Chaudhry had remarked that the election process has begun and there should be no interference in it. In his petition‚ Dr Mubashir Hassan had stated that 50 billion rupees are being used to rig the elections. He said that former prime minister Raja Pervez Ashraf had used discretionary fund worth 37 billion rupees for the purpose. The petition further contended that the step of Punjab Chief Minister Shahbaz Sharif to regularize 100‚000 contract employees is also pre-poll rigging. The petition sought declaration of the appointments and actions null and void to ensure free and fair election. REFERENCE: Pre-poll rigging: SC hears Dr Mubashir Hassan’s petition March 27, 2013 http://www.thenews.com.pk/article-94070-Pre-poll-rigging:-SC-hears-Dr-Mubashir-Hassans-petition
Two points must be noted. The terms of reference covered the west also, on which the Supplementary Report is totally silent. It was, presumably, dealt with in the Main Report. Secondly, the entire political and military background preceding the surrender in the east and ceasefire in the west is excluded. A lot had happened, diplomatically and militarily since the Pakistan Army's brutal crackdown in Dhaka on March 25, 1971, to go no further. Involved principally were Gen. A.A.K. Niazi, Commander, Eastern Command, as well as the Zonal Martial Law Administrator. Major-General Rao Farman Ali was military adviser to the Governor. Niazi took over the job on April 4, 1971 from Lt. Gen. Tikka Khan who was responsible for the crackdown on March 25. He had repla ced Lt. Gen. Yaqub Khan, who, being this honourable man that he is, had resigned on March 7. Bhutto made Tikka Khan Army Chief shortly after he became President. Farman Ali was reputed to be the brains behind the killing of Bengali intellectuals. He was exonerated by the Commission. So was Tikka Khan. At the apex stood Gen. M. Yahya Khan, the Martial Law Administrator who had staged a coup against Ayub Khan in 1969. Niazi was the last of the POWs to be repatriated to Pakistan on April 30, 1974. The Inqu iry was reopened on May 25. The Commission was headed by the Chief Justice of Pakistan, Justice Hamoodur Rahman. The other members of the Commission were Justice S. Anwarul Haq, Chief Justice of the Punjab High Court, and Justice Tufail Ali Abdur Rahman, Chief Justice of Sind and B aluchistan High Court, Lt. Gen (Retd.) Altaf Qadir and M.A. Latif, Assistance Registrar of the Supreme Court of Pakistan and Military Adviser and Secretary of the Commission, respectively. The government had decided to repatriate all Bengalis to Bangladesh. Justice Hamoodur Rahman, a Bengali, was spared. Allegedly, his son, a Major in the Army, was not being cleared for repatriation. Anwarul Haq was elevated to the Supreme Court by the tim e the inquiry was reopened in 1974. A.T. Chaudhuri, one of Pakistan's most intrepid journalists, wrote a revealing article on the Commission in Dawn (July 23 and 26, 1986). It was "based on incontrovertible evidence gathered from and corroborated by several sources. The object is to bring out how a democratic regime accountable to the people tried to muzzle and sweep under the carpet the report of a high-powered commission it had itself set up... "One can say, on the authority of unimpeachable sources, that the probe body was specifically told to confine its investigation to the 'military debacle' and not to delve into the 'causes of surrender', notably its political background. Chief Justice Ham oodur Rahman is believed to have pleaded for the enlargement of the terms of reference to enable him to look into the 'totality of the situation' before the traumatic fall of Dhaka. But he was firmly directed not to burn his fingers with the political ne ttle. The implication was clear." The Commission was "saddled with a former Defence Secretary". Lt. Gen. Altaf Qadir and another high-ranking officer who was the author of Pakistan Army and who had close links with the regime in power. Neither Yahya Khan nor Bhutto was examined though the former submitted a written statement to the Commission (Khabrain; July 15-16, 1994). The Supplementary Report reveals that, like the Main Report, it was tailored to Bhutto's needs. "After analysing the evidence brought before the Commission, we came to the conclusion that the process of moral degeneration among the senior ranks of the Ar med Forces was set in motion by their involvement in Martial Law duties in 1958, that these tendencies reappeared and were, in fact, intensified when Martial Law was imposed in the country once again in March 1969 by General Yahya Khan, and that there wa s indeed substance in the allegations that a considerable number of senior Army Officers had not only indulged in large-scale acquisition of lands and houses and other commercial activities, but had also adopted highly immoral and licentious ways of life which seriously affected their professional capabilities and their qualities of leadership." Tikka Khan, "the butcher", was not only exonerated of all charges but was praised: "always willing to redress grievances." Figures of the killings provided by the Army HQs (that is, Tikka Khan) were readily accepted. "Indian infiltrators and members of M ukti Bahini sponsored by the Awami League continue (even after March 25, 1971) to indulge in killings, rape and arson". Read this: "We consider, therefore, that unless the Bangladesh authorities can produce some convincing evidence, it is not possible to record a finding that any intellectuals or professionals were indeed arrested and killed by the Pakistan Army during December 1971." REFERENCE: Lies and war histories A post-script on the Hamoodur Rahman Report. BY A.G. NOORANI Volume 17 - Issue 21, Oct. 14 - 27, 2000 India's National Magazine from the publishers of THE HINDU http://www.frontlineonnet.com/fl1721/17210580.htm
The 1973 Constitution of Islamic Republic of Pakistan http://www.pakistani.org/pakistan/constitution/part1.html
6. High treason. [4A] [(1)Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.]
(2) Any person aiding or abetting [4B][or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason.
[4C] [(2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.]
(3) [5] [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.
30 Jun 2005 - Justice Iftikhar Muhammad Chaudhry sworn in as Chief Justice under PCO
Iftikhar Chawdhry taking Oath under PCO by AsiaNewsObserver
July 01, 2005 ISLAMABAD: Justice Iftikhar Muhammad Chaudhry was sworn in as chief justice of Pakistan on Thursday. President Pervez Musharraf administered oath to him at the presidency. Prime Minister Shaukat Aziz, National Assembly Speaker Chaudhry Amir Hussain, cabinet ministers, chief ministers and other dignitaries including several foreign diplomats attended the ceremony. Justice Iftikhar will serve as chief justice for a record period of eight and half years till December 11, 2013, and almost all serving judges except for Justices Tassaduq Hussain Jillani and Nasirul Mulk will retire without having a chance of becoming chief justice. Justice Iftikhar started his professional career in 1974. He was a lawyer for more than 16 years and became a judge of the Balochistan High Court on November 6, 1990. He became chief justice of the Balochistan High Court on April 22, 1999. Later, he was elevated as judge of the Supreme Court on February 4, 2000. He is also the chairman of the Enrolment Committee of the Pakistan Bar Council, which issues licenses to lawyers to practice in the Supreme Court. Justice Iftikhar was the most senior judge of the Supreme Court after Chief Justice Nazim Hussain Siddiqui, who retired on June 29. He was designated chief justice by the president by an announcement last month. All bar associations and representatives of other judicial departments have hailed Justice Iftikhar’s appointment for being in consonance with the principles of seniority and merit. Justice Iftikhar has authored several landmark judgements and was a bench member for almost every important case. His fellow judges acknowledge his acumen and prudence in constitutional and statutory matters besides his sagacity in adjudication of public litigation. REFERENCE: Justice Iftikhar sworn in as CJP Friday, July 01, 2005 http://www.dailytimes.com.pk/default.asp?page=story_1-7-2005_pg7_6 Five judges elevated to SC 5 February 2000 DAWN WIRE SERVICE http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/05feb00.html#five
IT would seem that regardless of the number of years that have elapsed since the dark shadow of Gen Ziaul Haq’s orthodox version of religion was first cast over the country, the legacy of the military dictator simply refuses to go away. Indeed, in many cases the mindset of religious obscurantism and self-righteousness was translated into hard and unfortunate policy which to this day continues to dominate many of our actions as a nation. What else are we to read into the reports that candidates hopeful of a seat in parliament are being subjected to cross-examination related to their knowledge of Islam? Leave aside for a moment the fact that questions based on religion are hardly an assessment of the decision-making abilities of the people’s future representatives. Focus instead on the distasteful exercise of judging a person’s piety — and it would seem that the underlying assumption is that only the overtly religious ought to run for office, and that the good character of a person is demonstrable not by his record of financial probity or integrity but by his knowledge of faith. It is shocking that the Election Commission of Pakistan has unnecessarily cited constitutional requirements for such an exercise — requirements that apart from being debatable in themselves, should be invoked, if at all, only when a contender’s integrity is challenged by a rival. Even in this case, such requirements carry the risk of making a farce out of the electoral process by going into ever finer detail of who is or is not a practising Muslim. The controversial Article 62(e), which requires that a member of parliament have “adequate knowledge of Islamic teachings and practises obligatory duties”, has remained on the books. And the question to ask is, why despite the many constitutional amendments in the last five years, this clause has been retained, even if for reasons of political expediency. Has Pakistan given up even the pretence of aspiring to be a pluralistic society?
The upcoming elections are crucial to the country’s future in more ways than one. It is vital that all actors, from the ECP to the political parties to the caretaker set-ups and all other stakeholders cooperate with each other in the build-up to the polls. The thorough scrutiny of election candidates is an exercise that must be undertaken in an impartial manner if Pakistan is to have legislators with integrity. But questionable practices must not be injected into the process. Reference: The ghost of Zia: Poll scrutiny questions http://dawn.com/2013/04/03/the-ghost-of-zia-poll-scrutiny-questions/
Mr. Fakhruddin G Ebrahim, Election Commission of Pakistan, Chief Justice Supreme Court and several Urdu Language Newspapers particularly Jang Group have made a Joke out of Islam by making an issue out of Article 62 & 63 which if Literally applied then nobody in Pakistan would be able to escape the punishment that includes those who are mentioned above. For example Islamic Sunnah "Beard" http://islamqa.info/en/ref/1189 and Veil (Hijab) http://islamqa.info/en/ref/13998/Hijab Mr. Fakhruddin G Ebrahim and Mehran Bank Money - Cash paid to Fakhruddin G. Ebrahim 2,00,000 [he confirms having received the money from General Beg as fees and expenses for defending him in the contempt of court charge brought against him - PLD 1993 SC310] We never learn from history-2 By Ardeshir Cowasjee 04 August 2002 Sunday 24 Jamadi-ul-Awwal 1423 http://archives.dawn.com/weekly/cowas/20020804.htm
The 1973 Constitution of Islamic Republic of Pakistan: PART III(contd)The Federation of Pakistan Chapter 2. THE MAJLIS-E-SHOORA (Parliament) - [62. Qualifications for membership of Majlis-e-Shoora (Parliament): http://www.pakistani.org/pakistan/constitution/part3.ch2.html
(d) he is of good character and is not commonly known as one who violates Islamic Injunctions;
(e) he has adequate knowledge of Islamic teachings and practises obligatory duties prescribed by Islam as well as abstains from major sins ;
(f) he is sagacious, righteous and non-profligate, honest and ameen, there being no declaration to the contrary by a court of law;
He wanted a secular Pakistan. He vowed to constitute himself as the "Protector-General of the Hindu minority in Pakistan." But "the fanatic tolerated Jinnah till Pakistan was achieved." Time and again he was made aware that he was an outsider." His famous speech of 11 August 1947 was allowed to be published in full only after Dawn's editor, "Altaf Hussain, threatened" those who were trying to tamper with it "to go to Jinnah himself if the press advice was not withdrawn." Dr. Ajeet Jawed's "Secular and Nationalist Jinnah" is another book on the same topic. And, as Singh's book shook the sangh pariwar in India, so Jawed's promises to jolt the rightist Muslims in Pakistan. Consider this sentence for instance: "Jinnah, who ate pork, drank whiskey, seldom entered a mosque, was ignorant of Islamic teachings, did not observe Islamic rituals, could not speak Urdu, wore high-class western suits and had come from Hindu Bhatia family..." But, a change occurred in Jinnah when he found that India would be partitioned on communal basis and to adapt himself to the changed situation, he adopted achkan, pyjama and cap. Reference: The Real Mr. Jinnah Written by S.G.Jilanee Thursday, 11 February 2010 14:09 http://www.saglobalaffairs.com/book-reviews/413-the-real-mr-jinnah.pdf
Barelvi Fatwa Against Jinnah, Allama Iqbal and Sir Syed Ahmed Khan http://www.scribd.com/doc/100199318/Barelvi-Fatwa-Against-Jinnah-Allama-Iqbal-and-Sir-Syed-Ahmed-Khan
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