Judge, 10 others killed in Islamabad blasts, firing .ISLAMABAD: At least 11 people, including additional sessions judge Rafaqat Awan, were killed and 29 others wounded on Monday during a gun and bomb attack in a court in the capital city’s F-8 area, DawnNews reported. Asad Mansoor, a spokesperson for the Ahrarul Hind which is a lesser-known splinter group of the Tehreek-i-Taliban Pakistan (TTP), while talking to Dawn.com claimed that his group was responsible for today's court attack. The group had recently parted ways with the TTP over holding of talks with the government. He claimed that the court was targeted as the prevailing system in the country was un-Islamic which included the courts and its administration. He added that their struggle would continue till Sharia law was implemented in Pakistan. According to police, two blasts took place inside the court's premises, one near the lawyers' chambers and the other outside another office.
Moreover, lawyers fled from their chambers seeking shelter from bullets as fear and panic gripped the premises. Officers at the scene told AFP the incident began when a defendant was brought before the court and his associates tried to break him free.
Another senior-ranking police official said the incident could be a terror attack but nothing could be said with certainty as yet.
According to police authorities, militants entered the chambers of judge Rafaqat Awan and opened fire on him. Initial medical reports said that the judge was hit by three bullets. The hearings of cases scheduled for the day were postponed. Subsequently, police and special forces were deployed in the court and emergency was declared in hospitals. The capital city is currently under high alert and the Red Zone was also sealed. The head and feet of the alleged suicide attacker were found. REFERENCE: Judge, 10 others killed in Islamabad blasts, firing 2014-03-03 20:28:56 https://www.dawn.com/news/1090737/judge-10-others-killed-in-islamabad-blasts-firing
Pakistan Bar Council calls strike against Islamabad court attack ISLAMABAD: The Pakistan Bar Council has announced a countrywide strike on Tuesday against an attack on Islamabad local court that killed 11 people including a woman here on Monday. Vice Chairman PBC termed the assault on court as cowardly act and said that lawyers would protest the attack on Tuesday across the court. According to initial reports two suicide bombers resorted to indiscriminate firing before blowing themselves up. The Chief Justice of Pakistan has also taken notice of the attack. REFERENCE: PBC calls strike against Islamabad court attack March 03, 2014 - Updated 1050 PKT http://www.thenews.com.pk/article-139781-Pakistan-Bar-Council-calls-strike-against-Islamabad-court-attack
Pakistani Lawyers Praise Mumtaz Qadri, Murderer of Salmaan Taseer.
Malik Mumtaz Hussain Qadri, the bodyguard arrested for the killing of Punjab Governor Salman Taseer, shouts religious slogans while being taken away by police after he was presented at a court in Islamabad. -Reuters Photo : Lawyers shower roses for governor's killer LAHORE: Lawyers showered the suspected killer of a prominent Pakistani governor with rose petals when he arrived at court Wednesday and an influential Muslim scholars group praised the assassination of the outspoken opponent of laws that order death for those who insult Islam. Mumtaz Qadri made his first appearance in an Islamabad court, where a judge remanded him in custody a day after he allegedly sprayed automatic gunfire at the back of Punjab province Gov. Salman Taseer while he was supposed to be protecting him as a bodyguard. A rowdy crowd slapped him on the back and kissed his cheek as he was escorted inside. The lawyers who tossed handfuls of rose petals over him were not involved in the case. As he left the court, a crowd of about 200 sympathizers chanted ''death is acceptable for Muhammad's slave.'' The suspect stood at the back door of an armored police van with a flower necklace given to him by an admirer and repeatedly yelled ''God is great.'' More than 500 clerics and scholars from the group Jamat Ahle Sunnat said no one should pray or express regret for the killing of the governor. The group representing Pakistan's majority Barelvi sect, which follows a brand of Islam considered moderate, also issued a veiled threat to other opponents of the blasphemy laws. ''The supporter is as equally guilty as one who committed blasphemy,'' the group warned in a statement, adding politicians, the media and others should learn ''a lesson from the exemplary death.'' Jamat leader Maulana Shah Turabul Haq Qadri paid ''glorious tribute to the murderer ... for his courage, bravery and religious honor and integrity.'' Mumtaz Qadri told interrogators Tuesday that he shot the liberal Taseer multiple times because of the politician's vocal opposition to the harsh blasphemy laws. REFERENCE: Lawyers shower roses for governor's killer 2011-01-05 17:32:02 http://www.dawn.com/news/596300/lawyers-shower-roses-for-governors-killer
Dr Aamir Liaquat Hussain Justify the Murder of Salmaan Taseer & praises Mumtaz Qadri
(2007) ‘Suicide bombers given go-ahead ISLAMABAD: The spokesman for the Lal Masjid administration, Maulana Abdul Qayum, told The News on Tuesday that suicide bombers of the Lal Masjid had been granted permission to find targets on their own and strike wherever they choose to. “In fact, that has already been done. It was previously decided that if we came under attack, then we will give this permission (to the suicide bombers to strike). So, they have been given permission to strike anywhere at any time,” Maulana Abdul Qayum told The News late on Tuesday from Lal Masjid. He said that at first the Lal Masjid administration had demanded that these people (Rangers) should go away from here. “We said that they should be evacuated from here. We demanded that these buildings (where Rangers have taken up positions) should be vacated and they should go back. We said that once they go back, we would control our Taliban. But they (the government) did not agree to all this,” he claimed. Maulana Abdul Qayum said that the situation had become critical. “Fifteen of our Taliban and two Talibat have been martyred and 60 to 70 others have been injured. Still the firing from their side is continuing. They are also firing tear gas shells,” he claimed. To a question, he said the Lal Masjid Taliban and Talibat were only defending themselves. “We have not started all this. They brought these Rangers and made them sit on our heads. They imposed all this on us. They have to stop firing. From our side, it has been already stopped,” he said. About the peace move initiated by Maulana Shah Abdul Aziz, he said the MNA from Karak negotiated with the government and announced that an agreement had been reached for a ceasefire. “But, on the other hand, the government continued to fire on us. The MNA talked with the chief commissioner but these soldiers were not accepting it and continued to fire.” He said he could not tell what would happen in the future. “We don’t know what is going to happen. We have already announced that our campaign is peaceful and we want to work peacefully. They brought these Rangers and they were preparing for so many days. So, it is up to them if they want to bring peace back,” he said. REFERENCE: ‘Suicide bombers given go-ahead’ by Mobarik A Virk Wednesday, July 04, 2007 http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=8818&Cat=13&dt=7/4/2007
Imran Khan on Fascist Pakistani Liberal Scums & Lal Masjid
Anti-talks Taliban ‘to face armed Imran’ LAHORE: The extremist groups not ready to come to the negotiations table would be facing Imran Khan in a gunfight if one goes by the Pakistan Tehreek-i-Insaf chairman's statement given at a party function here on Sunday. "If the Taliban groups not in favour of talks continue their terror hits to derail the peace process, they'll find me armed standing by the armed forces," he told the maiden meeting of the PTI Punjab Council here. Reiterating his opposition to army operation in North Waziristan, he said it would badly hurt 700,000 innocent tribesmen, expressing fear that the victims would also take up arms and become Taliban.
Mr Khan denied the impression that the statement in support of the operation had been given to keep the PTI's popularity intact. "I'm not after vote bank rather I take decisions by my conscience." He said the PTI was the first to promote dialogue with the Taliban and the ceasefire announced by the Taliban vindicated the party's stance that dialogue should be the first option.
The party never asked that those who wanted any lenience for those who wanted to rule the country at gunpoint but it did propose to isolate those who wanted to talk from those who didn't, he said. "I'd be ready to counter those who would dare to implement Islam at gunpoint," Mr Khan said. REFERENCE: Anti-talks Taliban ‘to face armed Imran’ 2014-03-03 12:31:55 http://www.dawn.com/news/1090651 Imran Khan’s Dollar Addiction http://new-pakistan.com/2013/12/31/imran-khans-dollar-addiction/
Ugly Role of Pakistani Media, Pervez Musharraf & Lal Masjid (2007)
Lal Masjid has 10,000 suicide bombers: Abdul Aziz by our correspondent Thursday, May 31, 2007 ISLAMABAD: The Lal Masjid administration has more than 10,000 suicide bombers on the mosque premises and more than one lakh across Pakistan, claimed Khateeb of Lal Masjid, Maulana Abdul Aziz.
“The suicide attackers are ready to operate anywhere/anytime in Pakistan,” he said at a press briefing at the Lal Masjid on Wednesday evening. “We consider suicide attacks are right in Pakistan in few circumstances, while we consider them as absolutely justified in the context of Afghanistan and Iraq,” he said. “Our students enjoy the moments when a police or Rangers operation looms, and they get bored when the situation normalises,” he said of the situation inside Lal Masjid. He said, “We favoured the Taliban not only in the past, we favour them even today.”
Responding to a question that the strategy adopted by the Lal Masjid administration to solve different problems was helping Musharraf’s agenda to bring liberalism in the country and that analysts think that the clerics were operating on the direction of agencies and basically helping the regime to achieve its agenda, he said it was totally wrong.
“We are not operating under the command of some agency, and I am ready for ‘Mubahela’ in this regard,” he added. He said the Musharraf government was not taking any advantage to fulfil its agendas from the actions of the Lal Masjid.
However, at this moment Aziz’s younger brother Maulana Abdul Rasheed Ghazi took the mike from him and further elaborated the answer saying, “Sometimes it happens. Someone takes advantage from some action, which is actually not aimed to support him.”
He said: “When we were fighting against the USSR, the US had taken advantage of the situation. Our struggle against the USSR was not aimed to benefit the US, but they took an indirect advantage of our struggle.” He also cited the example of the war of Muslims against Persia which indirectly benefited the Romans.
Aziz also disclosed that Gen (retd) Hamid Gul had told him during a conversation that according to the Constitution, any citizen of Pakistan can play the role of a ‘law officer’ if he observes some illegal activity somewhere and not find law-enforcement authorities there.
The Lal Masjid cleric said that not a single finger was cut during their peaceful movement. Asked why the administration did not do something for the poor and depressed class of society and confined its version of Islam to CD shops and brothels, the cleric said they could not do anything for improving the condition of the poor with their resources. However, they could stop people from doing wrong. “We are doing what we can do,” he added. REFERENCE: Lal Masjid has 10,000 suicide bombers: Abdul Aziz by our correspondent Thursday, May 31, 2007 http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=8218&Cat=13&dt=5/31/2007
26th July, 2012 Opposition should have resisted contempt law: SC ISLAMABAD, July 26: Leader of Opposition in the National Assembly Chaudhry Nisar Ali Khan sharply reacted on Thursday to remarks made by some Supreme Court judges, including Chief Justice Iftikhar Mohammad Chaudhry, about opposition’s role in parliament during the adoption of a bill to amend the contempt of court law and said the observations were “disappointing, unfair, unjust and beyond comprehension”. “The honourable judges venting their feelings against the opposition should enlighten us where exactly the opposition erred in coming up to their expectations,” a statement issued by the PML-N leader from London said. Chaudhry Nisar expressed the hope that the judges would “review” their comments. “Such sweeping and one-sided statements do not strengthen the dignity of the Supreme Court nor do they ensure fairness and justice in an environment where justice is the need of the hour.” He said: “While making these observations, the honourable judges should also have the trouble to elaborate how the opposition with 90 members in a house of 342 could have stopped the passage of the bill short of snatching it from the minister’s hands and creating a violent scene.” He particularly “expressed his amazement” at the reported comments of a judge that the opposition had violated the people’s mandate by staging walkout.“How can such a statement be made about a party which has over the years often single-handedly raised aloft the banner for a free judiciary and rule of law in Pakistan?” REFERENCE: Nisar urges judges to review their remarks 27th July, 2012 http://dawn.com/2012/07/27/nisar-urges-judges-to-review-their-remarks/ Opposition should have resisted contempt law: SC Iftikhar A. Khan | 26th July, 2012 http://dawn.com/2012/07/26/opposition-should-have-resisted-contempt-law-sc/
Asma Jahangir on Judicialization of Politics Part 1
SC Registrar oversteps jurisdiction June 22, 2012 In a sheer case of over stepping jurisdiction, Supreme Court of Pakistan Registrar Dr Faqir Hussain has directly approached companies that provided services to Dr Arsalan, seeking their tax returns and verification of receipts. According to well-placed sources told Online, the companies that provided services to Arsalan, allegedly on Malik Riaz’s expense, received multiple emails from the Registrar last night. “The emails from Dr Faqir remained pouring in till 3:30 am,” said a source in one of these companies. These mails were perturbing as “he (the Registrar) was asking about our tax returns and details of postings of income from Arsalan in our accounts,” he added. “From the text of the emails, the Registrar appeared to be either in panic or simply unaware of his attempts replicating ‘coram non judice’. Before righting to us, the apex court’s administrator must know that businesses based or operating in London are protected under the Data Protection Act, especially in matters related to personal finances.”
“Even if a London-based authority or investigator intended to inquire about the details of some personal expenses from a bank or a hotel, it needs to go through a high court judge or Crown Court Judge,” a local attorney told Online. The way in which apex court’s Registrar has moved is tantamount to be contamination of the evidence. The sources said the said companies were not answerable to the Registrar of Supreme Court and they would contact their counsels through their respective governments at the earliest. It may be mentioned here that Malik Riaz, during his press conference, had presented the receipts of the companies/business concerns that provided services to Arsalan Iftikhar, as evidence. These included Hellen Park Hotel London, Habib Bank A.G. Zurich London, Marriot Hotel and the company which rented out Range Rover to Arsalan. The Supreme Court is not authorised to probe against anybody, whereas the inquiry from its Registrar has flared up apprehensions among the legal and constitutional circles of the country. Malik Riaz has submitted record comprising 83 pages in Supreme Court, highlighting that a total of Rs340.25 million were incurred on three tours of CJP’s son to London. Meanwhile, Chief Justice Iftikhar Mohammad Chaudhry Wednesday granted another two-year extension in the service of Supreme Court Registrar Dr Faqir Hussain. “Chief Justice re-employed Dr Faqir Hussain, as registrar (of) Supreme Court for a period of two years with effect from March 25 on usual terms and conditions,” an announcement by the apex court said. Mr. Hussain had told a section of press on Tuesday that March 24 would be his last day in office. Dr Hussain retired from service in March 2010 when he got his first extension for two years. An order passed by the chief justice said: “Dr Hussain, the incumbent registrar of the Supreme Court, is a person of high integrity, moral calibre and qualification. He carries MA and LLB degrees from University of Peshawar, LLM degree from the University of London, PhD in Constitutional Law from the University of Peshawar, and has completed Post Doctoral Fellowship from the University of London. “Dr Hussain’s re-employment due to non-availability of suitably qualified/experienced staff does not infringe upon the promotional prospects and rights of the other officers.” The order said the chief justice discussed the issue with four other judges of the apex court who said he should be given another extension. It said the option of hiring services of an official from any other department on deputation was also considered. “But this option could not be exercised in view of the fact that any new officer will take time to get acquainted with the complex working of the apex court of the country. No right of promotion of any officer of the Supreme Court is being affected because currently there is no officer in BPS-21 in Supreme Court establishment,” the order stated, adding that the extension in period of re-employment of Dr Hussain was in line with the relevant government rules and judgment of apex court in PLD 2011 SC 277. Dr Hussain served as registrar throughout with Chief Justice Iftikhar Mohammad Chaudhry from July 1, 2005 to March 9, 2007. He left the post on March 9, 2007, when a reference was filed against the CJ. He was again appointed on July 20, 2007, when Justice Iftikhar Chaudhry was restored under a judgment of the apex court. With the promulgation of Provisional Constitution Order (PCO) on Nov 3, 2007, and deposition of CJ and other 60 judges, Dr Hussain was reverted to his previous position of law secretary. REFERENCE: SC Registrar oversteps jurisdiction June 22, 2012 http://weeklypulse.org/details.aspx?contentID=2453&storylist=2
Asma Jahangir on Judicialization of Politics Part 2
Justice Louise Arbour has a distinguished career devoted to promoting the principles of justice. Currently serving as the President of the International Crisis Group, Justice Arbour is the former UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda. As such, she knows a thing or two about the importance of an independent judiciary in developing countries and emerging democracies. That’s why, when Justice Arbour expresses concerns about the looming constitutional crisis in Pakistan, her concerns merit serious consideration. An ardent supporter of Pakistan’s 2007 “Lawyer’s Movement” to restore judges deposed by Gen. Musharraf, Justice Arbour had hoped to see a new era for the Court, one that broke with its past of supporting military dictators and their mangling the Constitution and the rule of law. Today, she fears that those same justices have become “intoxicated with their own independence,” and that the current direction of Pakistan’s Supreme Court Justices threatens to upend the very democratic order that restored them to the bench. Speaking to a crowded auditorium at the Woodrow Wilson Center in Washington, DC, Justice Arbour noted that the current tension between Pakistan’s Supreme Court and its elected officials might seem like a political soap opera were it not for Court’s history of collusion with the military to suppress democracy. Judges “who took an oath to a military dictator are not well placed to make the decision” to remove democratically elected officials, she observed, referring to Chief Justice Iftikhar Chaudhry’s 1999 oath under Gen. Musharraf’s Provisional Constitutional Order http://americansforpakistan.com/2012/07/12/pakistans-suprema-lex/ While not inevitable, Justice Arbour said, it is possible that Pakistan’s Supreme Court could end up dissolving the democratically elected government with the help of the military, putting in place an extended caretaker government in what would be, for all intents and purposes, another coup. During her visit to Pakistan, she assured the room, she met with no government officials. Her interest was in the views of the legal community, whom she found deeply divided, seemingly on political lines. This troubled the former Justice, who worries that Pakistan’s Supreme Court has become increasingly politicized, threatening its credibility. She pointed to the memo commission, which she said “reflected very poorly on the judiciary,” and added to the appearance of growing politicization. The present case, in which the Supreme Court has ordered the Prime Minister to write a letter to Swiss authorities requesting that criminal cases be reinstated against the President, adds to the appearance of an increasingly politicized judiciary. From a legal perspective, the issue centers on one of separation of powers. In fact, Pakistan’s Chief Justice has repeatedly stated recently that “parliament is not supreme.” http://www.pakistantoday.com.pk/2012/07/08/news/national/parliament-is-not-supreme/ In questions such as these, where the Supreme Court has a vested interest in the outcome, Justice Arbour suggests that it is all the more important that court show self-restraint and frame its decisions in a way that “advances the authority of all institutions,” not only its own. Justice Arbour was also clear that her concerns about the Supreme Court’s actions do not imply a disinterest in accountability. There is a misconception that presidential immunity is unprecedented, she explained, reminding the audience that former French President Nicolas Sarkozy enjoyed immunity from prosecution during his term in office and, now that he is out of office, faces possible charges for campaign finance violations. http://www.npr.org/2012/07/03/156216624/sarkozys-home-searched-after-loss-of-immunity Article 248 of Pakistan’s Constitution, which grants temporary immunity to Pakistan’s President, Prime Minister, and Governors, is clearly worded, said Justice Arbour; and that privilege exists for a reason – to allow government officials to perform their official duties without distraction. Asked by a member of the audience whether President Zardari should be subject to accountability, Justice Arbour responded that all officials should be subject to accountability. The issue is not one of accountability, but timing. Rather than wait six months for Pakistan’s next general elections, she said, the Supreme Court is unnecessarily undermining not only the present government, but the democratic system, which is weak from decades of neglect under military regimes. Justice Arbour is not the only former Supreme Court justice to express grave concern about the direction of Pakistan’s Supreme Court. Last month, Justice Markandey Katju, a former member of the Supreme Court of India, wrote a detailed explanation http://tribune.com.pk/story/399427/judicial-responsibility-and-organs-of-state/ for his concern that Pakistan’s Supreme Court is “playing to the galleries and not exercising the self-restraint expected of superior courts.” As a growing chorus of international jurists expresses concerns about the actions of Pakistan’s Supreme Court, we hope that Pakistan’s Honorable Justices will consider Justice Arbour’s words carefully if for no other reason than their own self interest. Historically, Pakistan’s courts suffered greatly under undemocratic regimes. Should Pakistan’s democracy become derailed as a result of the present crisis, there’s no reason to believe the judiciary would fare better this time around. REFERENCE: Justice Louise Arbour Concerned About Direction of Pakistan’s Supreme Court JULY 19, 2012 • BY AMERICANSFORPAKISTAN • http://americansforpakistan.com/2012/07/19/justice-louise-arbour-concerned-about-direction-of-pakistans-supreme-court/
Marvi Sirmed on Judicialization of Politics Part-1
Whigs, Robes and Shirwanis - ‘We have too many high sounding words and too few actions that correspond with them’. Abigail Admas - Civilian and military rulers have been helped by eminent legal minds in judicial and constitutional matters. These legal celebrities change their own ideas depending on the situation. Governor General Ghulam Muhammad after dismissing Nazimuddin’s cabinet appointed A.K. Barohi as his law minister. Barohi was a strong advocate of a secular constitution and agreed with all those who wanted to keep religious leaders out of political arena. However when winds changed, then Barohi’s ideas also changed. Barohi later became legal advisor to General Zia and helped him to Islamize the country. Another bright legal mind is S. M. Zafar who had pleaded many cases of those in power. In 1997, while representing prime minister Nawaz Sharif in a contempt of court hearing, he argued that ‘another reason why the chief justice should drop the charges was that he was from Sindh and in Sindh there was a tradition that if someone comes to the house of a Sindhi, then all complaints against the guest were dropped’. (20) Very few lawyers can boast about presenting such arguments in defense of their clients in a court of law. Shareefuddin Peerzada is an old hand who is nicknamed ‘jadugar’ (magician). He has an unbeatable record of faithfully serving military rulers spanning almost the whole history of Pakistan including Ayub Khan, Yahya Khan, Zia ul Haq and Pervez Mussharraf. He has been gifted with the rare ability to pull different varieties of rabbits from his legal hat to fulfill the needs of military rulers.
Under the shadow of judicial activism, many judges crossed the fine line and many at times conveyed their biases prior to evaluating the full body of evidence. Chief justice Nasim Hassan Shah at the start of hearing of dismissal of Nawaz Sharif government stated that he will not be another Munir (referring to chief justice Muhammad Munir’s decision of validating Ayub Khan’s coup in 1958) and that ‘the nation will hear a good news’. During 1997 elections, chief justice Sajjad A. Shah toured Lahore for few hours and made his mind about low turn out of voters. Later that evening talking to Governor of Punjab Khawaja Tariq Rahim he remarked that if there was such a low turn out of elections and ‘if the results of the election were challenged in court on the ground that it lacked participation by the majority of the people, it was possible that the court could reject the result’. He later repeated these remarks to caretaker prime minister Malik Meraj Khalid. (21) At other times justices have actively taken the side of the executive even at the expense of the independence of their own institution or given judgments for petty personal interests. In November 1977, chief justice Anwar ul Haq upheld Zia’s martial law under the doctrine of necessity. One day before the judgment, he called Zia’s legal advisor Shareefuddin Peerzada to inform him about the judgment. Peerzada asked chief justice if he had given the authority of amending the constitution to General Zia. Haq replied that he had not given that authority to General Zia. Peerzada told him that without giving Zia the authority to amend the constitution, chief justice will be out of his job and a new chief justice will need to be sworn in. Hearing that Anwarl ul Haq inserted the words of ‘including the power to amend it (the constitution)’ in the judgment in his own hand writing. (22) He had done this without consulting other justices who were unaware of this last minute back channel communication between chief justice and government’s legal advisor. It is ironic that in 1979, chief justice of Supreme Court Anwar ul Haq and chief justice of Lahore high court Maulvi Mushtaq Hussain held brain storming sessions with General Zia ul Haq at his residence to help the military ruler draft a Constitutional Amendment (Article 212-A) to curtail the activities of their own institution. This amendment removed any oversight by civilian courts against the judgments of military courts. (23)
The conflict between judiciary and executive in 1997 showed that there was very little if any regard for the most important institutions of the state. The high office holders merely used their positions to fulfill their narrow personal interests rather than defending any high ideals. Prime Minister used his absolute majority in the parliament in a very irresponsible way by hastily enacting new laws and even amending the constitution without any serious debate. It made mockery of the whole concept of representative government. On the other hand, bitter infighting among Supreme Court justices and reckless attitude of the chief justice shocked everyone. Chief justice really became a loose canon acting way beyond the legal norms. In an unprecedented manner, he was issuing orders from the bench ordering the president to nominate justices which he had selected. He was also issuing and suspending executive orders and even suspending constitutional provisions in a cavalier manner simply to humiliate Prime Minister.
A former chief justice Saeeduzaman Siddiqui long after his retirement pontificated that ‘by legitimizing military takeovers, the judges have abdicated their role to defend the constitution. (24) Siddiqui was the judge who colluded with the sitting government to oust his own chief justice. In addition, he served as chief justice for three month after General Mussharraf’s take over before being sent to the retirement wilderness . He conveniently forgot that during his tussle with chief justice, a number of senior lawyers came as mediators requesting supreme court judges to sort out their differences amicably to safeguard the sanctity of the institution of the supreme court but he went ahead and played a leading role in writing a sad chapter in the judicial history of Pakistan.
In 1996, supreme court deliberated about appointment of judges. Government fearful of the fact that the judgment will hamper its efforts to induct favorite judges pre-empted supreme court. The judgment was to be announced on March 20, 1996. On March 19, government announced the appointment of twenty judges to Lahore high court and seven to Sindh high court. Acting chief justices of both courts; justice Irshad Hasan Khan of Lahore court and justice Abdul Hafeez Memon of Sindh court were Supreme Court justices who were deputed as acting chief justices, administered oaths to new judges without even informing let alone consulting with the chief justice of the Supreme Court. (25) Both acting chief justices were appointees of Benazir and they returned the favor by administering oaths to newly inducted judges favored by government without informing the chief justice. Supreme Court justices finalized the draft of the order to be issued in case of recommendations about appointment of judges to higher courts. Government had pre-empted their move by appointing 27 additional judges to Lahore and Sindh high courts. Judges had decided to adhere to seniority principle and the short order was announced on March 20. One week later, chief justice Sajjad A. Shah held a meeting with president and agreed to confirm three acting/ad hoc judges (Justices Mukhtar A. Junejo, Raja Afrasiab Khan and Muhammad Bashir Jehangiri) as a ‘gesture of good will’ to the government. Within a week, chief justice had back tracked from the consensus opinion of the supreme court justices. He did not consult his fellow justices and it was no wonder that three justices (Ajmal Mian, Saeeduzaman Siddiqi and Munawar Mirza) admonished Shah for flouting the judgment regarding ‘judges’ case’. (26)
In an effort to avoid conflict with fellow judges or to be on the correct side, some justices didn’t live up to the expectations. In 1996, during the final version of the judgment of ‘Judges case’, there was disagreement between chief justice Sajjad A. Shah’s and justice Ajmal Mian’s version. Justice Fazal Ilahi Khan singed on Mian’s judgment on March 20 but when chief justice pressed him, he also signed on Shah’s judgment on April 3 even without reading it. When asked whether he had read the judgment because there was discrepancy between two judgments, he replied that he had no time to read it before signing it. (27) Fazal Ilahi Khan wanted to hedge his bets and did not want to ruffle any feathers even if meant an indefensible action. Retired justice Rafiq Tarar who had played an important role in splitting the judiciary at the behest of Nawaz Sharif became president of the country. When he had retired from Supreme Court in November 1994, he was not given a reference at his own request. Five years later, Supreme Court decided to honor him and he was invited for a dinner at supreme court where he was given a shield which was signed by all justices. (28)
The complex relationship of personal and professional responsibilities can be judged from one example. Agha Rafiq Ahmad, a junior session judge was a close friend of Benazir’s husband Asif Ali Zardari and he had helped in Sajjad A. Shah’s elevation to the post of chief justice of Sindh high court through Sindh chief minister Abdullah Shah, during Benzair’s first tenure (1988-1990). When Benazir was considering Sajjad for chief justice slot, Zardari held several meetings with Sajjad A. Shah and Agha Rafiq was present in some of those meetings. When Sajjad became chief justice of Supreme Court, he paid back his old friend. Agha Rafiq was serving as Director of PIA. Sajjad advised Benazir to appoint Rafiq as law secretary in the Sindh government and after sometime there he will be qualified to be appointed as a judge of higher court. (29) However, everyone was impatient and when Zardari wanted to elevate Rafiq to high court, Shah told prime minister that Rafiq was a very junior session’s judge (number 34 on the seniority list of 37) and it would create problems. However, Rafiq was elevated as Sindh high court justice. Chief justice of Sindh high court Abdul Hafeez Memon was pressured by a senator to nominate another junior session judge Shah Nawaz Awan (number thirteen on seniority list) for high court appointment. When chief justice Sajjad A. Shah asked Memon why he nominated him, he was told that he was being pressurized and the senator who wanted him to be elevated told Memon that if a judge who was number thirty four was being nominated then what was wrong with nominating number thirteen on the same list. (30)
Nawaz Sharif government elevated justice Mehbood Ahmad as chief justice of Lahore high court and second aspirant justice Muhammad Ilyas felt let down. Sajjad A. Shah, who was justice of supreme court at that time visited him and told him that ‘he should put his faith and trust in God, who would not let him down and would compensate him in some other way’. When Shah became chief justice, he nominated Ilyas who was by then retired for justice of supreme court. After taking oath, Ilyas was sent as acting chief justice of Lahore high court. (31) A judge was appointed to the supreme court not because he was fit for the post but to compensate him for some alleged injustice done to him and legal balls were juggled to give him the satisfaction to end his career serving as chief justice of a high court. A special accountability court headed by justice Malik Abdul Qayyum sentenced Benazir Bhutto and her husband on corruption charges during Nawaz Sharif’s government. In April 2001, supreme court set aside the judgment during the appeal when 32 tapes of secret conversations between justice Qayyum and then head of Accountability Cell and Nawaz Sharif’s aid Senator Saif ur Rahman were played. Sharif government had pressurized justice Qayyum to convict Benazir and her husband. (32)
Appointing judges as acting head of executives (Governor General, President, and Governor) gives some leverage to government. This practice has been followed for a long time in Pakistan. In 1950s, Munir served as acting Governor General when Ghulam Muhammad was away from country. Acceptance of positions in government during active service and openly joining politics after retirement also tarnishes the image of judiciary and creates doubts about their impartiality. Chief justice Muhammad Munir gave the historic decision of validation of General Ayub Khan’s martial law in 1958. Immediately after his retirement he accepted a government job in Japan. Later he also served as law minister during General Ayub’s rule. Political governments take care of their favorite justices even if they are pushed aside by their own brother justices. In 1996, Supreme court laid down guidelines for appointment to higher judiciary. This affected two retired justices who were appointed ad hoc justices of the Supreme Court and they were removed from Supreme Court. Benazir government obliged them by appointing one (Justcie Munir Khan) as provincial ombudsman and the other (Justcie Mir Hazar Khan Khoso) member of high powered Federal Public Service Commission.
Justcie Irshad Hasan Khan served as federal law secretary during the Martial Law of General Zia. He later rose to become chief justice of the Supreme Court (January 26, 2000 - January 06, 2002). High court justice Ghaus Ali Shah joined Muslim League of Nawaz Sharif and served as Sharif’s confidant for long time. Supreme Court justice Afzal Lone was sitting on the bench which restored Nawaz Sharif government in 1993. Later he headed the Lone Commission which absolved Nawaz Sharif of any wrongdoing in the cooperative scandal. Later, Sharif paid Lone back by nominating him to become senator. Supreme court justice Muhammad Rafiq Tarar after his retirement served Sharif’s business interests and was later elected senator on Nawaz Sharif’s Muslim League ticket. He was duly rewarded by appointing him president for his loyal services. Tarar paid back by retaining his post when he agreed to general Mussharraf’s request to stay on as president when the later had booted out Nawaz Sharif and assemblies. Mussharraf in turn returned the compliment by unceremoniously sending Tarar home in June 2001. Tarar was booted out of the presidency by putting him in a private car and sent home in the most humiliating way. Mussharraff needed to act in this way not for a great national cause but he needed to get the lofty title of president to get the correct protocol during his upcoming visit to India.
If one takes into account the relationship of various judges with their political patrons and their judgments on crucial cases, then some questions arise about the motive of their judgments. Justcie Tarar saw everything wrong with Nawaz Sharif dismissal by president in 1993 and was as one of the justice of the Supreme Court bench which decided to restore Sharif government. Justcie Sajjad A. Shah saw everything wrong with Benazir’s dismissal in 1990. He was one of the two dissenting judges (the other one was Justcie Abdul Shakurul Salam) in a 1991 decision who did not approve of president’s decision to dismiss Benazir. He wrote that president had exercised his power with ‘malafide intention’. (33) In 1993, Shah saw everything right with Sharif’s dismissal and was the lone dissenter in a ten to one decision of Supreme Court which restored Sharif government. In 1997, when his relations had gone sour with Benazir, he viewed dismissal of Benazir kosher and even called president’s discretion of sacking prime minister as a balance of powers and ‘a safety valve to prevent imposition of martial law in the country’. (34) When president dismissed Benazir government in 1990, the dismissal was challenged in courts. Peshawar high court bench dismissed the petition by majority but justice Qazi M. Jamil was the dissenting judge. Jamil was also on the bench which restored provincial assembly. For these ‘crimes’, he was not confirmed by the president. Benazir duly rewarded Qazi M. Jamil by appointing him attorney general during her second term.
Chief justice Nasim H. Shah’s favorable tilt towards Muslim League and his antipathy towards Pakistan Peoples Party were well known. He had exchanged harsh words with chief justice Muhammad A. Zullah when later received Benazir at a function when she was opposition leader. He headed the bench which restored Sharif government in 1993. He had been humiliated earlier during Benazir government when Benazir refused to sit on the same table with him. The reason was that Nasim H. Shah was one of the justices who had upheld the death sentence of Benazir’s father Zulfiqar Ali Bhutto in 1979 (Nasim H. Shah was one of the majority justices on the bench which had given a four to three verdict of rejection of appeal of death sentence).
When chief justice Sajjad A. Shah was booted out by his own brother judges, the new court decided to clear up some contentious issues. All cases involving government and Prime Minister were dealt with judgments favorable to the government’s position. In March 1998, a seven member bench dismissed the petition challenging the 13th Constitutional Amendment. Interestingly, the petitioner was now not enthusiastic about perusing the case which suggests that the petition was part of the tussle between then chief justice (Sajjad A. Shah) and Prime Minister (Nawaz Sharif) and after the ouster of chief justice no one was interested in it. In May 1999, the court acquitted all who were charged with contempt of court including prime minister and several members of parliament. After the dismissal of Nawaz Sharif’s government an appeal was field against acquittal in September 2000. A five member bench of supreme court heard the appeal and convicted seven accused of contempt of court sentencing them to one month imprisonment and 5000 rupees fine. (35) Such decisions only degrade the image of judiciary and average citizen loses faith in the institution. REFERENCE: Judicial Jitters in Pakistan – A Historical Overview Hamid Hussain Defence Journal, June 2007 http://watandost.blogspot.com/2007/05/judicial-jitters-in-pakistan-scholarly.html
Marvi Sirmed on Judicialization of Politics in Pakistan Part-2
Sharing with you this important document, which has left me shocked and extremely disappointed in the ‘wisdom’ of those who need to be the wisest. Amid all kinds of corruption allegations on politicians being pursued by the Supreme Court of Pakistan (SCOP), one case got special treatment by the worthiest men of of this country – the graft case of Mr. Arsalan Iftikhar. Iftikhar is a 34 years old ‘innocent boy’ who was reportedly ‘lured’ into accepting a not-s-small sum of money from one Malik Riaz, the real estate tycoon who knows how to make the mare go. The innocence of Mr. Iftikhar is further proven by the fact that he happens to be the son of Chief Justice of Pakistan. The case was thus, taken up by none other than CJP himself, as a suo-moto action under Section 184(3) which allows the CJP to move the court if the case pertains to violation of fundamental rights and is of public interest. The case, definitely is of public interest and violates Mr. Iftikhar’s right to remain innocent for the rest of his life! The case, as was right thing to do, was disposed of by mildly lecturing all parties to ‘behave’. Why is it important to recall Mr. Iftikhar? Because his was not the only case where the worthy court to be partisan for its own interest. Responding to Public Accounts Committee, the elected watch body over the Auditor General of Pakistan that called Registrar of Supreme Court to present himself before the Committee and explained some overspending by the SCOP. Guess what happens next? The wise men in SCOP, came up with a document that conveniently leaves everyone in the SCOP outside the ambit of any elected watch body that oversees the transparency of financial transaction by public institutions including SCOP. Have a lok over how the Registrar of SCOP – an official who is not a judge – exonerates himself from legislature’s scrutiny. One wonders who is going to ensure transparency when even the most responsible institutions of this country try to evade law on the pretext of law. Ironic and sad. The language used in this document and disregard for transparency makes my wish it must not be what the worthy men in SCOP meant. Have a good reading experience please! Supreme Court, Pakistan, Chief Justice, Arsalan Iftikhar, Auditor General, Public Accounts Committee, Parliament, Judiciary, Pakistan. REFERENCE: SUPREME COURT AND PUBLIC ACCOUNTS COMMITTEE July 8, 2012· by Marvi Sirmed http://marvisirmed.com/2012/07/08/supreme-court-and-public-accounts-committee/
2012: United Nations Special Rapporteur on the independence of judges and lawyers, Ms Gabriela Knaul: I am worried by the number and nature of reported cases of serious threats and attacks of judges. Physical security is an essential condition for judges to be able to carry out their duties without hindrance or interferences. I encourage the Government to consider setting up a special system of protection for judges in consultation with professional bodies and other associations of judges. I would like to commend the use of inherent powers of the Supreme Court in recent cases related to gross human rights violations, for instance in the case of enforced disappearance referred to as “missing persons” in Balochistan. I believe that by using this procedure in some cases, the Supreme Court is upholding human rights law and contributing to combating impunity. However, I am concerned by the lack of clear criteria guiding the use of suo moto, which can undermine its own nature and may jeopardize other pending cases from being timely considered by the Supreme Court. REFERENCE: United Nations Special Rapporteur on the independence of judges and lawyers, Ms Gabriela KNAUL, Preliminary observations on the official visit to the Islamic Republic of Pakistan - Islamabad, 29 May 2012 http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12194&LangID=E
General Ziaul Haq offering prayers behind Khomeini - "QUOTE" Quotes from just after the Islamic Revolution in 1979: "The mullahs are going to rule now. We are going to have ten thousand years of the Islamic republic. The Marxists are going to go on with their Lenin. We are going to go on in the way of Khomeini." Ayatollah Khalkhali ---- "What he [Stalin] did in Russia we have to do in Iran. We, too, have to do a lot of killing. A lot." Behzad, Iranian interpreter for Western journalist V.S. Naipaul ----- "I inform the proud Muslim people of the world that the author of the Satanic Verses book which is against Islam, the Prophet and the Koran, and all involved in its publication who were aware of its content, are sentenced to death."Ayatollah Ruhollah Khomeini FATWA issued February, 1989 against Salman Rushdie http://chagataikhan.blogspot.com/2011/10/using-islam-in-pakistani-politics-is.html---- "The mullahs are going to rule now. We are going to have ten thousand years of the Islamic republic. The Marxists are going to go on with their Lenin. We are going to go on in the way of Khomeini." Ayatollah Khalkhali ---- "--- "There is no room for play in Islam... It is deadly serious about everything." Ayatollah Ruhollah Khomeini Speech at Qum, reported in Time magazine January 7, 1980 "UNQUOTE"
On Wednesday October 24, 2007, Mr. Justice Khalil-ur-Rehman Ramday remarked during the course of hearing of the petition against the eligibility of General Musharraf’s nomination as a presidential candidate, “I am not ashamed if I had taken the oath under the PCO,” “We have made our country, its institutions and the Constitution a matter of laughing stock in the world.” Perhaps he has forgotten General Zia’s famous remark, “Constitution is a book containing 12-13 pages and I can tear it apart whenever I feel like it.” Justice Ramday further said that whatever ‘burble and verbal jugglery’ might be behind the changes made since 1977 in the Constitution, the country had been ruled under the Constitution. If the judge has indeed made these remarks, people should take a serious note. First, the wisdom of the judges making highly controversial political remarks in one of the most important cases of Pakistan’s history, or even otherwise, is seriously questionable and debateable. It is a time honored best practice that judges should speak through their decisions. Leaving that aside, to assert that Pakistan has been ruled under a constitution since 1977 is a joke with the people of Pakistan, an insult to their intelligence, a travesty of justice and a distortion of history. From 1977 to 1988, Pakistan was ruled by a military dictator who did not hesitate to flog his political opponents and journalists under military regulations [On the left: a couple of pictures from that dark period of Pakistan's history]. The view expressed by Justice Ramday, and it is no more than that, similar to views of the likes of – Justice Munir, that stooge of the military dictators, Sharifuddin Pirzada, unsrupulous judges like the Former Chief Justice Nasim Hasan Shah, yes-man judges like the present attorney general Justice (retired) Malik Qayyum – belongs to the dustbin of history. And yes PCO is and was a violation of article (6) of the constitution and judges should at least have the moral courage and humility to admit that they too are ordinary mortals and too meek to resist the force of gun. And by the way, Justice Javed Iqbal should stop giving remarks like “these” people (critics) know nothing or do not know the basics of the law because many of the critics (e.g. Justice Fakhruddin G. Ibrahim) in this country are better qualified and better educated than Justice Iqbal (with due apologies) is. Since he had made this sort of remark on more than one occassion, a comment had become unavoidable. It is symptomatic of a general decline and degeneration of institutions under military or quasi-military regimes that some quite medicore people have risen to senior positions in all branches of the government and the talented and the better ones have opted to work outside the government due to pervasive corruption, low compensation, and a complete lack of meritocracy. REFERENCE: I am not ashamed if I had taken the oath under the PCO: Justice Ramday October 26, 2007 By Editor http://www.stateofpakistan.org/since-1977-in-the-constitution-the-country-had-been-ruled-under-the-constitution-justice-ramday
Article (6) of the constitution 6. (1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason. (2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.
CJ Iftikhar Muhammad Chaudhry also Violated Constitution (Frontline Express News)
ISLAMABAD: Parliament cannot adopt a law that is repugnant either to the Constitution, Islamic injunctions or fundamental rights and if it does so, the action will be open to judicial review, Chief Justice Iftikhar Muhammad Chaudhry said on Saturday. The chief justice told a 50-member delegation of a mock Youth Parliament that an underlying objective of judicial review was to check abuse of power by public functionaries and to ensure fair treatment to all citizens in accordance with law and constitutional norms. He said the Supreme Court, through its judgments, had stressed the need for adherence to law and the Constitution in order to bring about civilised governance in the country. “Law applies to all, irrespective of their status, power, caste, creed and religion. No one can claim supremacy over and above the law,” Justice Chaudhry observed. Talking about trichotomy of powers, the chief justice said: “The Constitution is a complete document which answers all questions. Every organ of the state enjoys complete institutional independence within its constitutional domain. However, any excess or misuse of power beyond that domain becomes the subject matter of judicial scrutiny.” The judicial institution of the state with the Supreme Court as the final arbiter acts as the ultimate protector of citizens’ rights and upholder of constitutional supremacy. The Supreme Court enjoys original, appellate and advisory jurisdiction, he said. The advisory jurisdiction of the Supreme Court extends to matters referred to it by the President for obtaining its opinion on any question of law which he considers of public importance, the Chief Justice added. In 2005, the Supreme Court while deciding a presidential reference made under Article 186 of the Constitution declared certain provisions of the North-West Frontier Province Hasba Bill as null and void, he recalled. Likewise, he added, the Supreme Court, to the exclusion of any other court, had the jurisdiction to pronounce declaratory judgments in any dispute between the federal government and a provincial government or between any two or more provincial governments under Article 184(1). Justice Iftikhar Chaudhry said where any question of public importance arose with reference to the enforcement of any of fundamental right, the Supreme Court has the power to issue an order for enforcement of these rights. The chief justice said: “Youth being a crucial segment of society forms the basis for future development, and you are also face and future of nation. I am hopeful that ambitious and zealous young people of today will prove to be the true leaders of democracy in future.” Giving a piece of advice to members of the delegation, he said: “As you are young and have to set a future roadmap for democratic rule and harmony in Pakistan, I would like to advise all of you to study the basic features of our Constitution and also how the document has been interpreted by courts so as to acquaint yourselves with constitutional history and the role of superior courts in protecting fundamental rights and the constitutional development of Pakistan”. Senator S.M. Zafar and Wazir Ahmed Jogezai, a former deputy speaker of the National Assembly, accompanied the delegation. REFERENCE: Parliament can’t make laws repugnant to Constitution: CJ Iftikhar A. Khan http://dawn.com/2012/06/24/parliament-cant-make-laws-repugnant-to-constitution-cj/
Judicial Dictatorship & Lawyers - Part - 1 (GEO 22 Dec 2009)
Pakistan's Supreme Court has gone overboard - It has no right to dismiss a Prime Minister or overrule the constitutional immunity given to the President --- When I was I was a student of law at Allahabad University, I had read of the British Constitutional principle ‘The King can do no wrong’. At that time I did not understand the significance of this principle and what it really meant. It was much later, when I was in law practice in the Allahabad High Court, that I understood its real significance. The British were experienced and able administrators. They realized from their own long, historical experience that while everybody should be legally liable for his wrongs and made to face court proceedings for the same, the person at the apex of the whole constitutional system must be given total immunity from criminal proceedings, otherwise the system could not function. Hence the King of England must be given total immunity from criminal proceedings. Even if he commits murder, dacoity, theft, or some other crime, the King cannot be dragged to court and made to face a trial. One may ask why should the King be given this immunity when others are not? The answer is that in the practical world one does not deal with absolutes. The British were one of the most far sighted administrators the world has known. They realized that if the King is made to stand on the witness box or sent to jail, the system could not function. A stage is reached at the highest level of the system where total immunity to the person at the top has to be granted. This is the only practical view. Following this principle in British constitutional law, almost every Constitution in the world has incorporated a provision giving total immunity to Presidents and Governors from criminal prosecution. Thus, Section 248(2) of the Pakistani Constitution states:
“No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office.” The language of the above provision is clear, and it is a settled principle of interpretation that when the language of a provision is clear the court should not twist or amend its language in the garb of interpretation, but read it as it is.
I therefore fail to understand how proceedings on corruption charges (which are clearly of a criminal nature) can be instituted or continued against the Pakistani President. Moreover, how can the court remove a Prime Minister? This is unheard of in a democracy. The Prime Minister holds office as long he has the confidence of Parliament, not the confidence of the Supreme Court.
I regret to say that the Pakistani Supreme Court, particularly its Chief Justice, has been showing utter lack of restraint. This is not expected of superior courts. In fact the court and its Chief Justice have been playing to the galleries for long. It has clearly gone overboard and flouted all canons of constitutional jurisprudence. The Constitution establishes a delicate balance of power, and each of the three organs of the state -- the legislature, the executive and the judiciary – must respect each other and not encroach into each other’s domain, otherwise the system cannot function. It seems to me that the Pakistani Supreme Court has lost its balance and gone berserk. If it does not now come to its senses I am afraid the day is not far off when the Constitution will collapse, and the blame will squarely lie with the court, and particularly its Chief Justice. REFERENCE: Pakistan's Supreme Court has gone overboard MARKANDEY KATJU June 21, 2012 (Justice Markandey Katju is a former Judge, Supreme Court of India. He is currently Chairman, Press Council of India) http://www.thehindu.com/opinion/article3553558.ece?homepage=true
Perhaps the real question I should ask is, why do I even care? When I took time off from Harvard to be part of the lawyers’ movement I had seen a ray of hope. There were concerned citizens and lawyers who stood for what was right, no matter what the consequences. We fought for a principle and won, with the hope that things will slowly improve. Today the very judges we had faith in released the Lal Masjid cleric whose crimes everyone knows about. If the judiciary was going to release people whose crimes were recorded on TV, perhaps it does explain why the Taliban are growing popular. Having said that, rays of hope like Afzal Khan Lala, who has refused to move from Swat while he is alive, appear every now and then. However, he stands alone in facing the storm. Other than Ayaz Amir, not a single Pakistani leader has spoken out against the Taliban. Will the real leader who can get rid of these monsters stand up, please? Imran Khan? Qazi? Nawaz Sharif? This silence is criminal! What’s worse is that these leaders of ours have unanimously approved a state within a state run, which is not accountable to anyone, absolved the Taliban of all crimes and provided them a safe haven to kill more Pakistanis. The so-called Nizam-e-Adl Regulation was endorsed by the National Assembly without any proper debate. The sad story, friends, is that the Taliban are here, and unless we stand up against them in every possible way, Pakistan will be lost for good. And it will not be lost because of Zardari’s real or perceived corruption or anything else like that, but because of the silence of the lambs – we ALL will be responsible if Pakistan fails. The writer is a student at Harvard University and turned down an award from the US ambassador as a mark of protest against killings of Pakistanis by US drone attacks. The Taliban are here Samad Khurram Monday, April 20, 2009 http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=173372&Cat=9&dt=4/20/2009
Rinkle Kumari Award for CJ Iftikhar Muhammad Chaudhry
In 2008, Pakistan Chief Justice Iftikhar Muhammad Chaudhry became the symbol of the lawyers’ movement which toppled an unelected president and brought democracy back to the country. Harvard Law School even presented Mr. Chaudhry with its Medal of Freedom. A new report by the International Commission of Jurists, a Geneva-based nongovernment organization of judges and lawyers, suggests his legacy might be more complicated. The report, released this month and based on a field trip to Pakistan last fall, paints a picture of a judiciary under Mr. Chaudhry that is exercising unusually wide-ranging powers. Pakistan’s judiciary has, during Mr. Chaudhry’s tenure as chief justice, stepped into areas normally reserved for a nation’s government, raising concerns over the balance of power, the report said. It noted that judges in Pakistan are increasingly initiating court proceedings on issues – as opposed to hearing cases brought by plaintiffs. The courts often launch these so-called “suo moto” cases in instances where the government has failed to take action. The report said in some cases this helps to protect the rule of law. It cited an example last year when paramilitary forces were caught on video shooting dead a teenager who was pleading for his life. The Supreme Court ordered senior paramilitary officers removed from their posts within three days and told a state prosecutor to launch an investigation. But in other cases Mr. Chaudhry appears to arbitrarily initiate “suo moto” proceedings based on articles in Pakistani newspapers, the report said. “This introduces a certain element of chance to the practice which is hardly compatible with the rule of law.” REFERENCE: Report Dings Pakistan’s Lawyers and Chief Justice April 20, 2012, 1:38 PM IST http://ht.ly/1iVQn7
In the past, Pakistan's supreme court has hanged an elected prime minister on trumped-up charges, sentenced another to life imprisonment and forced several career politicians into exile. So the disqualification of the prime minister, Yousuf Raza Gilani, on contempt-of-court charges should be seen as a step forward. Nobody died, right? The Pakistan Peoples' party and its coalition partners now have another prime minister in the shape of Raja Pervez Ashraf. Pakistan's supreme court will thump its chest and say we have proved that the law is the same for a commoner and a king. Pakistan's all-powerful army will say: look, no hands. So why are Pakistan's human rights activists calling it a judicial coup and warning us that the whole democratic facade is about to be pulled down? Political decisions used to be made in the Pakistani army's HQ. But the action has shifted to court one of the supreme court, in full view of the public, with judgments framed and delivered like soundbites for the primetime news.
Since being restored to his job after being sacked by President Musharraf in 2009, the chief justice, Iftikhar Chaudhry, has been betraying an evangelical streak in his pronouncements. Maybe he feels that, with a country full of self-righteous zealots, he needs to adapt their tone. Or perhaps he is one. He doesn't wait for the petitioners to come to the court, he watches TV and acts on his own cognizance. Even the half of Pakistan that can't read or write will tell you what a suo motu is. We have already been quoted Khalil Jibran and the Persian poet Hafiz, and, it seems, a verse from the Qur'an or a hadith is only ever a suo motu notice away. When the chief justice took suo motu notice of allegations of his own son's corruption he turned up in court waving a copy of the Qur'an and insinuating comparisons with himself and the second caliph, Umar. Last year the chief justice took suo motu notice against the country's most famous television actress for possessing a bottle of wine. Elsewhere, one of his sidekicks wondered aloud that if one day Pakistan's parliament were to legalise gay marriages, would the supreme court sit quietly and watch?
This court is not as much in love with the rule of law as with the sound of its own sermonising voice. It has also mastered the art of selective justice. The same supreme court that has been sitting on an ISI corruption case for 15 years, the same judiciary that can't look a retired general in the eye or force a serving colonel to appear in court, feels it perfectly constitutional to send a unanimously elected prime minister home. There are not many tears being shed over Gilani. Looking at his record, many would say that he should have stayed home in the first place. But what is the point of clamouring for democracy if we can't elect imperfect people – slightly less competent and way more corrupt than our average traffic cop – to lead us?
There are many ways of getting rid of a prime minister (though the old-fashioned way of voting them out has never been tried in Pakistan) but no simple way of telling the country's highest judge, restored to his job as a result of a popular movement, that he has begun to sound like that dictator who sent him home. In Pakistan, generals often confuse access to private golf courses with the country's security. Senior bureaucrats consider it their right to name roads and villages after their grandfathers. Mullahs always fall back on God to justify their greed. Political leaders believe that democracy makes it mandatory to groom sons and daughters to take over their political parties. It's not surprising that senior judges have started to believe that respect for them is the same thing as respect for the rule of law.
Pakistanis are being forced to choose between Gilani's right to rule without doing a thing for his people, and a supreme court judge's right to send him home. And people are refusing to choose. For a few days the country lacked a prime minister and a cabinet. And nobody really missed them. The alarm being raised by pro-democracy people in Pakistan is that the whole system is about to be derailed. The supreme court's reckless pursuit of government politicians could pave the way for a caretaker setup that will suit the military establishment. The military, indeed, sulking after a series of humiliations at home and abroad, is watching from the sidelines. Some would say it's even gloating at the prospect of civilian institutions cutting each other down to size, traditionally its job. There was a time in Pakistan when people joked: why hire a lawyer when you can buy a judge? Now you can't buy them because they are too busy shopping for a place in history. REFERENCE: Yousuf Raza Gilani's sacking is bad news for Pakistan Pakistan's judiciary is starting to care less for the rule of law than the sound of its own sermonising voice. Which suits the military BY Mohammed Hanif Friday 22 June 2012 19.00 BST http://www.guardian.co.uk/commentisfree/2012/jun/22/yousuf-raza-gilani-chief-justice-pakistan
Judicial Dictatorship & Lawyers - Part - 3 (GEO 22 Dec 2009)
(Reuters) - To his admirers, Pakistan's Chief Justice Iftikhar Chaudhry is a hero whose relentless pursuit of a money-laundering case against the president is teaching a generation of the country's leaders a long-overdue lesson in respect for the law. To his critics, he is a runaway judge in the grip of a messiah complex whose turbo-charged brand of activism threatens to upend the power balance underpinning Pakistan's precarious embrace of democracy. Last week, Chaudhry made his boldest move yet by disqualifying prime minister Yusuf Raza Gilani as punishment for his repeated refusal to obey court orders to re-activate a corruption case against President Asif Ali Zardari. Gilani's downfall marked a watershed in a long-running showdown between the judiciary and the government that has laid bare the institutional tensions plaguing a country that has test fired ballistic nuclear missiles, but has yet to agree on how it should be run. "In practical terms, democracy is finished because the balance of power between the parliament, the executive and the judiciary has been ruined," said a senior member of Zardari's ruling Pakistan People's Party (PPP). The military, which has ruled Pakistan for about half of its 65 years as an independent nation, has also not hidden its disdain of Zardari's government, but has made it clear it does not wish to seize power. And it has its own problems with Chaudhry's activism. The drama has been spiced by allegations of bribe-taking brought against Chaudhry's son by a billionaire property developer, who has himself been accused of land-grabbing and fraud. The controversy briefly put the stern-faced judge on the defensive before he regained the initiative by disqualifying Gilani.
The next chapter in the saga could start as early as Wednesday, when the Supreme Court holds its latest hearing in more than two years of legal wrangling aimed at forcing the government to re-open proceedings against Zardari. Pakistan's political class is now transfixed by the question of whether Chaudhry will opt to pause in the wake of his victory over Gilani, or press home his advantage by demanding that Raja Pervez Ashraf, the new prime minister, re-activate the case. Zardari, a consummate political survivor, has already sacrificed Gilani in his determination to ensure the money-laundering case, which falls under Swiss jurisdiction and dates back the 1990s, remains closed. While many Pakistanis are happy to see his unpopular government on the ropes, the pugnacious chief justice is facing a growing backlash from those who fear his court-room victories are being bought at the price of Pakistan's stability. "We all have a problem with corruption, we all want these guys taken to task," said Mehreen Zahra-Malik, a columnist with The News. "But I don't think it should be at the expense of the entire house falling apart." Opposition parties have exploited the crisis to pile pressure on Zardari, raising the risk that the government might be forced to call general elections before its term expires in March.
Whatever the president may decide, the stage is set for a new bout of institutional gridlock at a time when Pakistani needs agile leadership to face a host of challenges, from a chronic power crisis to Islamist militancy and tense relations with Washington. The source of Chaudhry's zeal is to be found in one of the more turbulent episodes in Pakistan's recent history, according to lawyers and commentators who have tracked his ascent. Appointed in 2005, Chaudhry became embroiled in a confrontation with Pervez Musharraf, then Pakistan's military leader, who removed him from office after he opposed plans to extend the general's term in office. Huge crowds poured onto the streets to support Chaudhry's stand against the generals. Zardari's government, which took power in 2008, was forced to re-instate him the following year after an outpouring of street protests by lawyers. The heady victory seems to have shaped the judge's self-image as a champion sent to right the wrongs inflicted on ordinary Pakistanis by a self-serving elite and an over-privileged military.
He has since used his powers to investigate everything from petrol and sugar prices to cases of people whose relatives say they have been abducted by Pakistan's intelligence services. The judge's eagerness to rewrite the rules of Pakistan's power game have won him support among those who see the judiciary as the only realistic hope of holding their leaders to account. Zardari's choice of Ashraf as prime minister may only reinforce Pakistanis' sense of despair in their government. As a former power minister, many Pakistanis hold Ashraf partly responsible for the chronic electricity shortages that triggered a fresh bout of violent protests last week. But Chaudhry, too, has got his fair share of criticism. Some say the decision to disqualify Gilani smacks of a grudge match cheered on by his allies in Pakistan's boisterous media. Legal experts have questioned whether Chaudhry may have exceeded his powers by ousting the prime minister, arguing that there were other options available to resolve the stand-off with Zardari's government. "It's my impression that the judgments are highly politicized," said Asma Jahangir, a respected human rights lawyer. "The populist approach of the chief justice will destabilize the democratic process." The ruling PPP believes Chaudhry is deliberately fast-tracking corruption proceedings against its members, while leaving cases against opposition politicians to gather dust.
The media frenzy triggered by Gilani's ouster also eclipsed a sub-plot that had, days earlier, put Chaudhry in the spotlight over allegations that his son had accepted huge bribes from Malik Riaz, a business magnate. Malik Riaz said he had given almost $3.6 million in bribes to Arsalan Iftikhar, the chief justice's son. Iftikhar has denied any wrongdoing. The growing backlash against Chaudhry in some parts of the political sphere may temper his next move. While Zardari's government is widely tarnished with allegations of cronyism and incompetence, it also stands at a unique juncture in Pakistan's evolution from an army-dominated to a civilian-led system. Before he was ousted, Gilani had been on course to become the first prime minister to lead a democratically elected civilian government to the completion of a five-year term. The government has often sought to deflect criticism of its record by portraying itself as a "martyr" to a conspiracy by its opponents in the judiciary and military. That narrative gained more credence in the eyes of many last week when an anti-narcotics court run by the military issued an arrest warrant for Makhdoom Shahabuddin, a former health minister, who had been Zardari's first pick to replace Gilani. Should Chaudhry attempt to disqualify Ashraf, the prime minister, if he also refuses to re-open the graft case against Zardari, then the unease over his no-holds-barred activism is only likely to grow. "The Supreme Court will be under tremendous pressure not to send two prime ministers home," said Babar Sattar, a legal commentator. "Irrespective of the legalities of the issue, I just don't think people will have the patience to live through that drama." REFERENCE: Pakistan's gun-slinging chief justice faces backlash By Matthew Green and Qasim Nauman ISLAMABAD | Sun Jun 24, 2012 6:20am EDT (Editing by Michael Georgy and Raju Gopalakrishnan) http://www.reuters.com/article/2012/06/24/us-pakistan-politics-idUSBRE85N05D20120624
Judicial Dictatorship & Lawyers - Part - 4 (GEO 22 Dec 2009)
LAHORE: Judges of the higher judiciary are making up their minds about cases after reading newspaper headlines and watching TV shows, former president Supreme Court Bar Association (SCBA) Ali Ahmed Kurd said on Tuesday. Describing the present situation as “justice hurry and justice worry”, Kurd deplored the fact that the judges were visiting and addressing the bars and said they would have to “prove themselves worthy of their positions”. According to Kurd, judges in the United States neither read newspapers nor watched TV programmes, but focused only on their work. ----------Daily Dawn The judgment appeared to be based on newspaper headlines and talk shows of private TV channels: Ali Ahmed Kurd. ISLAMABAD: Ali Ahmed Kurd, the firebrand leader of the lawyers’ movement and former president of the Supreme Court Bar Association, who has been keeping quiet for quite some time, surprised a lot of people on Tuesday with his blunt criticism of the way the Supreme Court was behaving. Judges should “behave like judges”, he said. Speaking during a talk show on “Challenges facing the judiciary”, he said that people had reservations about the verdict handed down by the Supreme Court on petitions challenging the National Reconciliation Ordinance. According to him, the judgment appeared to be based on newspaper headlines and talk shows of private TV channels. Mr Kurd said that an independent judiciary had been restored after a great struggle, adding that the country would become stronger if the judiciary acted in the manner expected by the nation during the struggle. “If it does not happen, it will cause a blow to national security.” He said he had been invited by various bar councils after the restoration of the judiciary, but he preferred to keep quiet. He said he did not attend functions where the chief justice had been invited and quit his practice as a lawyer in the Supreme Court. It was astonishing to see judges visiting bar councils, he added. Mr Kurd described the National Judicial Policy as detrimental to the judicial system. He pointed out that a deadline of Dec 31 had been set for courts to decide cases. He said the maxim of ‘justice hurried is justice buried’ would turn out to be true in many cases because these, including cases of murder and dacoity, and the rights of defence and the practice of producing evidence of many people would be compromised due to paucity of time. Human Rights Commission of Pakistan Chairperson Asma Jehangir also criticised the Supreme Court’s judgment on the NRO and said it appeared to be a decision pronounced by a ‘jirga’. She was of the opinion that the NRO could have been declared null and void by merely declaring it as repugnant to Article 25 of the Constitution, but a Pandora’s box had been opened by the court. Syed Iqbal Haider and Justice (retd) Tariq Mehmood also spoke on the occasion. REFERENCE: Kurd unhappy over SC verdict on NRO By Iftikhar A. Khan Dated 23 December 2009 http://archives.dawn.com/archives/141254 Judges deciding cases on media lines: Kurd Daily Times Monitor Wednesday, December 23, 2009 http://dailytimes.com.pk/default.asp?page=2009\12\23\story_23-12-2009_pg7_12
Judicial Dictatorship & Lawyers - Part - 5 (GEO 22 Dec 2009)
“On the issue of former Chief Justice Iftikhar Chaudhry, Shahbaz claimed that the PML-N was open to negotiation, provided that Chaudhry was symbolically restored.” The conversation took place just a day before Nawaz Sharif would join a lawyers’ long march in a dramatic public protest for the reinstatement of judges deposed by Gen Musharraf, a demand that President Zardari had been resisting. In private, however, a different story was being told. - File Photo (Thumbnail illustration by Faraz Aamer Khan/Dawn.com) KARACHI: Even as PML-N chief Nawaz Sharif was rallying street support by publicly refusing to back down from demands for the restoration of Chief Justice Iftikhar Chaudhry in February and March 2009, the party was privately telling American diplomats that the future of the then-non-functional chief justice was up for negotiation.
“Shahbaz stated http://dawn.com/2011/05/20/shahbaz-was-willing-to-negotiate-cjs-future/ that following the restoration, the PML-N was prepared to end the issue and remove Chaudhry once and for all,” reported Lahore Consulate Principal Officer Bryan Hunt in a secret American diplomatic cable describing his meeting with the younger Sharif on March 14, 2009.
“On the issue of former Chief Justice Iftikhar Chaudhry, Shahbaz claimed that the PML-N was open to negotiation, provided that Chaudhry was symbolically restored.”
The conversation took place just a day before Nawaz Sharif would join a lawyers’ long march in a dramatic public protest for the reinstatement of judges deposed by Gen Musharraf, a demand that President Zardari had been resisting. In private, however, a different story was being told.
“Shahbaz stressed that his party could not afford the political humiliation of abandoning what had become a long-standing principle in favour of Chaudhry’s restoration,” Mr Hunt reported. “At the same time, Shahbaz claimed to understand that Chaudhry was a problematic jurist, whose powers would need to be carefully curtailed.”
Shahbaz Sharif strategised that as a judge who had taken oath under Gen Musharraf’s first provisional constitutional order, Chaudhry could be removed – once “some sort of face-saving restoration” had been carried out – “by adopting legislation proposed in the Charter of Democracy that would ban all judges who had taken an oath under a PCO from serving.”
A week earlier, in another meeting at the Lahore consulate, Shahbaz Sharif had proposed http://dawn.com/2011/05/20/shahbaz-speculated-kayani-may-be-pressured-to-intervene-in-political-system/ an alternative solution: creating the Constitutional Court envisioned in the Charter of Democracy and ensuring that “it be made superior to the Supreme Court. Iftikhar Chaudhry’s restoration … would then have little measurable impact, as the Constitutional Court, staffed by appointees from both parties, could nullify his decisions.”
Even before the restoration, Shahbaz Sharif confided, the PML-N leadership would agree to any constraints President Zardari might want placed on Chaudhry, “including curtailment of his powers to create judicial benches, removal of his suo motu jurisdiction, and/or establishment of a constitutional court as a check on the Supreme Court.”
“Although Nawaz publicly has said Chaudhry’s restoration is also a red line,” commented http://dawn.com/2011/05/20/us-ambassador-picked-gilani-as-winner-of-2009-political-showdown/ US Ambassador Anne Patterson in a separate report, “no leader in Pakistan really wants an activist and unpredictable Chief Justice. … Nawaz emerges stronger in the public eye and retains the ‘high moral ground’ by defending the judiciary.”
As late as January 22, in fact, PML-N leader Khawaja Saad Rafique had told Mr Hunt http://dawn.com/2011/05/20/ppp-and-pmln-courted-pml-to-win-fight-for-punjab/ that a minimum requirement for saving the coalition with the PPP in Punjab was “full retirement of Chief Justice Hameed Dogar and appointment of Justice Sardar Raza in his place.” Chaudhry did not seem to have been a concern.
But by March 2009 he had become the PML-N’s rallying cry, and the timing clearly had to do with political developments at the time: a February 25 Supreme Court decision had declared the Sharif brothers ineligible for office, and the president had imposed governor’s rule in Punjab.
“Nawaz and Shahbaz Sharif told Principal Officer http://dawn.com/2011/05/20/embassy-reported-zardari-continues-to-play-politics-while-pakistan-disintegrates/ Lahore that the decision [to declare them ineligible to hold public office], which they claimed was entirely Zardari’s, was a declaration of war; they would … take their battle to the streets. Following the decision, PML-N certainly will participate in the lawyers’ march,” reported a February 2009 cable previously published in the media.
“Before the Court ruling, ‘95 per cent of the party’ had opposed joining the lawyers’ March 16 sit-in because it might lead to violence,” Opposition Leader Chaudhry Nisar Ali Khan revealed http://dawn.com/2011/05/20/zardari-sharifs-political-battle/ privately in a separate conversation at the US embassy. “Now, the party had little choice but to support them.” Cables referenced: WikiLeaks # 196903, 195758, 196939, 188203, 193807, 194540. All cables are available on Dawn.com. REFERENCE: Shahbaz was willing to have CJ removed after ‘face-saving’ restoration By Madiha Sattar | From the Newspaper | 20th May, 2011 http://dawn.com/2011/05/20/shahbaz-was-willing-to-have-cj-removed-after-face-saving-restoration/
Judicial Dictatorship & Lawyers - Part - 6 (GEO 22 Dec 2009)
Contempt of Court and Mr. Nawaz Sahrif DAWN WIRE SERVICE November 1997 ISLAMABAD, Nov. 17: The National Assembly adopted, with a majority vote, a bill that amended the Contempt of Court Act, 1976, by providing an intra-court appeal against the orders passed by the Supreme Court to a larger bench consisting of all the remaining available judges of the court within the country. The leader of the opposition Benazir Bhutto and a couple of other PPP MNAs opposed the bill. Just before the bill was put before the House for passage, the PPP members walked out in protest. They wanted to suggest some changes but the speaker ruled they could not do so because they had not formally moved their amendments to the bill. The bill was earlier approved by a special cabinet meeting chaired by Prime Minister Nawaz Sharif and was thoroughly discussed in a meeting of the PML and its allied parties. The purpose of the bill, the special cabinet meeting said, was to bring the provisions of the Contempt of Court Act, 1976, in conformity with the injunctions of Islam.
The eminent constitutional expert, Syed Sharifuddin Pirzada, and a couple of other prominent lawyers are said to have been behind the preparation of the new bill to stop the Chief Justice of the Supreme Court Syed Sajjad Ali Shah to take any final decision against Prime Minister Nawaz Sharif and others involved in the contempt of court case that was heard today and was adjourned for Tuesday. The bill passed by the National Assembly holds that an intra-court appeal shall lie against the issuance of the show-cause notice or an original order, including an interim order passed by a bench of the Supreme Court in any case, including a pending case, to a larger bench consisting of all the remaining available judges of the court in the country. It also provided that in the event the impugned show-cause notice or order has been passed by half or more of the judges of the Supreme Court, the matter shall, on the application of an aggrieved person, be put up for re-appraisal before the full court. The bill further provides that "the operation of the impugned show-cause notice or order shall remain suspended until the final disposal of the matter in the manner herein before provided...and ..(ii) after sub-section (3) the following new sub-section shall be added namely: "An intra-court appeal or application for re- appraisal shall be filed within thirty days from the date of show case notice or the order, as the case may be". REFERENCE: NA amends Contempt of Court Act By Ihtasham ul Haque DAWN WIRE SERVICE Week Ending:22 November 1997 Issue:03/47 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1997/22Nov97.html#naam
22 November 1997 ISLAMABAD, Nov. 18: The Senate passed the Contempt of Court (Amendment) Bill, 1997, with a voice vote amid a walkout by the opposition over misinterpretation" of the Supreme Court and Federal Shariat Court verdicts on the issue of right of appeal by Parliamentary Affairs Minister Yasin Wattoo. The bill was passed by a voice vote. The bill will now go before President Farooq Ahmed Khan Leghari for assent. The Leader of the Opposition in Senate, Aitzaz Ahsan, and deputy leader Raza Rabbani argued against the bill. Parliamentary Affairs Minister Mohammad Yasin Wattoo defended the bill, saying that it was in consonance with the verdicts passed by the Supreme Court, Federal Shariat Court and recommendations of the Islamic Ideology Council and provided right of appeal to aggrieved individuals and parties. He defended the summoning of the two Houses, saying that it fulfilled the Islamic requirements of consultation on important issues facing the nation. He justified the suspension of rules of business and procedures of the House to meet an emergency. He said while every forum provided a right of appeal to an aggrieved party, there was no such recourse in cases relating to the Supreme Court. REFERENCE: Senate passes Contempt Bill DAWN WIRE SERVICE Week Ending: 22 November 1997 Issue : 03/47 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1997/22Nov97.html#sena
22 November 1997 ISLAMABAD, Nov. 18: Exchange of hot words between Privatization Commission Chairman Khwaja Mohammad Asif, PTV Managing Director Sen Pervaiz Rashid and Advocate Akram Sheikh led to a scuffle in the precincts of the Supreme Court when the contempt case against Prime Minister Nawaz Sharif and his colleagues came up before the court for hearing. It all began with an exchange of light taunts between the old buddies when in the heat of the moment their tempers snapped and they started hurling abuses at each other. Khwaja Asif gave two punches on Akram Sheikh's face. This left a scar on his face. "Take the picture", a baffled Akram Sheikh shouted at a photographer standing nearby. Some lawyers intervened and saved Akram Sheikh, who later raised the issue inside the court and narrated the whole story. He said he had invited Khwaja Asif and others to join him at tea. Akram Sheikh said he called Khwaja Asif a corrupt banker and also admitted to hurling an obscenity. He said he had decided not to lodged any formal complaint with the police. He, however, called upon the Chief Justice to take note of the violation of the sanctity of court. REFERENCE: Scuffle breaks out in Supreme Court precincts DAWN WIRE SERVICE Week Ending: 22 November 1997 Issue : 03/47 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1997/22Nov97.html#scuf
15 May 1999 ISLAMABAD, May 14: The Supreme Court on Friday acquitted all the ruling party legislators who were indicted on the charges of contempt of court for attacking the court building when proceedings against Prime Minister Nawaz Sharif were underway. The three-member bench which decided the case on Friday observed that though flagrant contempt of court was committed but showed its inability to convict the accused as the people had not given specific evidence against them. The court deplored that people had not come forward to give evidence nominating specific persons involved in the violence. The case was initiated by the court itself in early 1998 under its suo motu jurisdiction. "We would like to observe that it is very unfortunate that people have not come forward to give evidence nominating specific persons involved in rowdyism/violence that had taken place in and around the Supreme Court premises and building on 28-11-1997."
The court had indicted seven persons including six PML(N) legislators after marathon inquiry proceedings. They were MNA Tariq Aziz, MNA Mian Munir, MPA Chaudhry Tanvir Ahmed, MPA Chaudhry Akhtar Rasool, MPA Akhtar Mehmood, MPA Sardar Nasim and Shahbaz Goshi, a young Muslim League activist. The bench consisted of Justice Nasir Aslam Zahid, Justice Munawar Ahmed Mirza, and Justice Abdur Rehman Khan. However, there is no mention of Senator Saifur Rehman against whom oral as well as documentary evidence was in abundance. Number of witnesses had informed the court that they had seen him directing the police not to stop the mob from entering into the court room. The close circuit cameras had also shown him leading the crowd towards the court room where the then chief justice Sajjad Ali Shah was presiding over a bench. The court stated it was constrained to observe that despite large numbers of onlookers, visitors and officials and also members of the press being present perhaps from early morning till the end of demonstration, none came forward to name or nominate the culprits. "It either shows lack of moral courage on the part of eye witnesses to come and speak the whole truth before the Court or they did not want to get involved in the proceedings perhaps for being singled out for having spoken the truth."
The bench had examined 54 witnesses before indicting seven persons who it had found, prima facie, guilty of contempt of court. The court observed on Friday that it could not act as investigators. "As a court we do not act investigators. We could only call persons as witnesses about whom information was given that they might be able to assist the court." It was observed by the bench that verbal as well as video evidence established that a mob had gathered on that day outside the court building which was raising objectionable slogans and also carrying banners and placards with objectionable writings against the judiciary. The court held that the incident had not happened on the spur of moment and evidence showed it was premeditated. "It appears from the evidence that the action of that day was planned and purpose was to disturb the court proceeding which was conducting contempt proceedings at that time." It, however, stated that the evidence did not establish at what level and by whom the planning was done. It added: "but could be presumed that it was not done at the local level." The court stated: Despite reaching the conclusion that the action of the mob/crowd amounted to most flagrant type of contempt of the court, as the evidence does not specifically point out any of the respondents to the extent that it could be said that the case against any of them had been established beyond reasonable doubt. In our view the respondents are entitled to acquittal under the law.
The court further held that mob attack on the court was intended to undermine the independence of judiciary. "It should be endeavour of every government to strengthen the institution of judiciary and to jealously guard its independence and not to weaken it . "It appears from the evidence that perhaps time positive action could have avoided the ugly situation that was ultimately created. The government in power should ensure that incidents of like nature are never allowed to be repeated and the judiciary is as jealously guarded against such attacks as the Parliament." REFERENCE: Storming of SC building: PML MPs acquitted for lack of evidence Rafaqat Ali DAWN WIRE SERVICE Week Ending : 15 May 1999 Issue : 05/20 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1999/15May99.html#stor
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