Sunday, October 19, 2008

Pirzada, A K Brohi & Judiciary in Pakistan.

History is my favourite subject but beside reading Pakistan Text Book Board Prescribed Propaganda [called Pakistan Studies/Social Studies/Pakistan History] in the name of Text Books which is being thrusted down the throats of Matric/Intermediate Students to make them totally fool, I also read other sources of History on Pakistan.

Three Leading Intellectually Dishonest Lawyers of Pakistan among them two belong to Deviant Jamat-e-Islami of Deviant Mullah Mawdoodi.

I will spare Late. Barrister Khalid Ishaq because he was a gentleman. But background of the two rascals Pirzada and A K Brohi is as under:

Background is old but still valid.

Syed Sharifuddin Pirzada and Allah Bux Kadar Bux Brohi:

Syed Sharifuddin Pirzada

Allah Bux Kadar Bux Brohi

Lawyers have to face some criticism. A.K. Brohi {a known Intellectual dishonest who in one instance declared that Martial Law is not legal whereas in Zia’s case he termed it legal under the Law of Necessity. A leading constitutional lawyer argued before the constitutional court the Law of Necessity. We know the origins of the law of necessity. It was here that the breakdown of mind was the biggest weakness. Al-Ghazali as he liked to be reckoned, wanted and argued for a lease of life for the unconstitutional constitutional dictator. Even amongst dictators it is possible to judge Hitler and Churchill, Lincoln and Stalin. But whatever the situation the present requires the man giant to stand up and be evaluated. The law of necessity is governed in a very arbitrary manner and comes in to play in developing countries when nothing can be done by the courts and they merely rubber stamp the actions. The preservation of the state is at the cost of loss of freedom of the individual. And that has been the case most of the time. Intolerable exigencies are indicated and the famous Lincoln quote ‘Sometimes the limb has to be sacrificed for the sake of the body’ is utilized by the devil’s advocate. Such infamy and by the leading constitutional lawyer. Nusrat Bhutto brought a suit protesting the martial law takeover. The Supreme Court ruled against her and invoked once again the "doctrine of necessity," permitting the regime to "perform all such acts and promulgate all measures, which [fall] within the scope of the law of necessity, including the power to amend the Constitution. " After this ruling, Zia issued the Provisional Constitutional Order of 1980, which excluded all martial law actions from the jurisdiction of the courts. When the Quetta High Court ruled that this order was beyond the power of the martial law regime, the Provisional Constitutional Order of 1981 was issued. This order required all judges of the Supreme Court and high courts to take new oaths in which they swore to act in accordance with the orders. Several judges refused to do so and resigned.

The photo to the left shows A.K Brohi (right) sitting along with Zia-ul-Haq (center) and a smoking Ghulam Ishaq Khan (left).

Constitution: All power rests with army, Whim of Mr Sharifuddin Pirzada; Men in khaki are infallible; {Courtesy South Asia Tribune}

Higher Courts: Venue for legalizing treason under the much-abused doctrine of necessity; The head of judiciary, appointed to validate Mr Pirzada’s interpretation of the constitution; {Courtesy South Asia Tribune}

Higher Judiciary: A group of prominent lawyers hired to read out indemnifying verdicts pertaining to constitutional transgressions, written by the legal branch of Army under the auspices of Mr Sharifuddin Pirzada; {Courtesy South Asia Tribune}

Justice: Righteous shifting of felons to the Holy Kingdom (presumably for spiritual uplifting); {Courtesy South Asia Tribune}

Shariffudin Pirzada is the man who married his wife's younger sister after his wife was mysteriously murdered. Even today the people of Karachi do call his residence as "khooni khoti" . This man is accused of framing his servant for the murder of his wife. He is the most nefarious man and must be subject to dire punishmnet. Unfortunately this is not only true of this sorry excuse for human being, and it includes our armed forces as well.

Mr. Sharifuddin Pirzada.

A critical review of the legal expertise as well as moral credentials of this Pirzada is long over due. It’s time to raise some straightforward questions and quash certain fallacious myths. Lets start by asking the following very pertinent questions:

(i) What good, if any, has he done for the country in general and to national legal system in particular during his [all too] long professional life?

(ii) Has he ever contributed, in any sense or in any form, towards the welfare, stability and well being of the nation?

(iii) His nefarious role in crippling the entire politico-judicial set-up of the country.

A few years back, Pakistan filed a case against India in the International Court of Justice (ICJ), the main judicial organ of the United Nations, with reference to the aerial incident of August 10, 1999, in which 16 Pakistan naval personnel were killed in the air-to-air Indian missile attack on unarmed Pakistan naval reconnaissance aircraft ‘Atlantique’.

The so-called legal wizard, Sharifuddin Pirzada, represented Pakistan in the ICJ. The ICJ through 14-2 split decision ruled that the Court lacked jurisdiction and had no authority to adjudicate a dispute between Pakistan and India over the shooting down of a Pakistani naval plane and threw the case out. According to the petition filed by advocate MD Tahir in the Lahore High Court, Rs. 25 million was spent on the preparation and presentation of an 'untenable' case. Not surprisingly, Justice Malik Muhammad Qayyum (yeah the same Qayyum of audio-tapes fame) dismissed the petition in July 2000 while praising the professional competence of Mr Pirzada.

Look at the notorious LFO: A masterpiece he helped concoct, and a military strongman by the virtue of his firepower insists on its validity. Would anyone disagree that any impartial, independent judge in the world would have flushed these rubbish “amendments” down the closest WC in the first hearing. Still many people naively call it jado-garri (magic power) of Pirzada. So should his “extraordinary intelligence” in the cyclic rape of the Constitution be condemned or admired?

By this obnoxious standard, Saddam Hussein, Muammar Qaddafi, Fidel Castro, Pol Pot, they all must have been “advised” by batteries of outstanding constitutional “experts”. None of them had ever lost any case in the courts of their respective country. In fact, anyone backed by 10 heavily armed thugs is the world best lawyer if pitched against unarmed powerless judiciary. Observe. For the last forty years Pirzada has been abetting despots to tear apart the Constitution, ironically even also those parts which he himself once drafted (to serve the interests of yet another dictator). The extensive services he has rendered to Pakistan can be summarized in a single phrase: institutional rape of the superior courts and murder of the constitutional soul of the nation. And we have yet to gather courage to send him to gallows. Appropriate places for doing this pious job would be either along the Constitutional Avenue or with a tree in front of the Supreme Court.

Actually, not Pirzada alone, each and every person who in any capacity facilitates the despots to build legal castles around them through so-called constitutional amendments ought to be considered as criminals and thereafter treated accordingly. They are the ones who bear the ultimate responsibility for reinforcing a culture of lawlessness where lawbreaking garners more respect than law-abiding. The government committed Rs. 4 million as fee to the defense team it has engaged to defend the assumption of Office of President by Gen Pervez Musharraf and holding of referendum to cement it for five years. No wonder, as expected the smart Syed Sharifuddin Pirzada was once again leading the squad to extract a decision written and agreed upon by the GHQ-walas. For a man who has kept a roaring private practice going even when in the service of the public deserves neither any respect nor praise.

Interestingly, the mastermind behind Zia’s PCS was the same loathsome “encyclopedia” Syed Sharifuddin Pirzada. It is interesting to mention here that Syed Sharifuddin Pirzada was also active in General Ayub Khan's service when many of us were not even born. Today, he has raised a monument to longevity by serving the 3rd military General (Musharraf) for providing the legal stratagems (to retain power) as being Musharraf’s principal legal adviser with a seat in the National Security Council and the freedom to continue with his legal practice. Syed Sharifuddin Pirzada who has the dubious distinction of having advised successive military rulers including General Musharraf on how to seek legitimacy and stifle the Supreme Court, is now serving as Prime Minister’s ''senior adviser'' (which denotes a rank senior to even cabinet ministers) and given charge of foreign affairs, law, justice and human rights.

Actually, we should erect a handful of statues depicting our assorted military messiahs, chief justices holding the dishonor to validate the military coups, along with Pirzada at the entrance of all superior courts. So that people can spit on them while passing by to show their contempt. There is no other way to smash the vicious cycle that has taken over Pakistan. In order to establish a decent society worth its name we have to uphold the Constitution of Pakistan.

Article 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.

As per leading Indian Intellectual Arun Shorie....

And with what felicity the Supreme Court of Pakistan has legitimized such takeovers:

Endorsing the fiction put forth by Zia -- the Constitution has not been scrapped, it has merely been held in abeyance -- and proclaimed verbatim now by Musharraf! Martial Law was first imposed in Pakistan in 1958 -- by the then Governor General Iskander Mirza, who in turn was soon turfed out by General Ayub Khan. In what is known as the infamous Dosso case, the Pakistan Supreme Court legitimized the usurpation on "the doctrine of necessity": the doctrine, namely, that when saving the country requires that the Constitution be scrapped, the one who seizes power can scrap it. And the legality of an extra-constitutional seizure is established by the fact that it has succeeded! The weakened Ayub "handed over" -- after much manifest persuasion -- to Yahya Khan in March 1966, and the latter imposed his own Martial Law.

During his time the country broke in two. The courts kept deliberating; the Supreme Court eventually struck down Martial Law and thereby the "doctrine of necessity" in the Asma Jilani case -- by that time it was hardly necessary, but perfectly safe to do so! Zia staged his coup in July 1977. Nusrat Bhutto challenged Martial Law. The Supreme Court endorsed it -- going back in effect to the "doctrine of necessity." Indeed, it provided an Islamic basis for it - repeatedly invoking the Shariat maxim, "necessity makes prohibited things permissible" ! The Chief Martial Law Administrator -- Zia -- has said that he is not scrapping the Constitution, that he is merely holding it "in abeyance," the Court noted. He has said that he has been forced to do so "for the welfare of the people," it noted. The supervisory jurisdiction of courts such as ours remains unimpaired, it consoled itself. He has solemnly declared that he will hold elections in three months, it noted. The Court has every hope that he will live up to his word, it declared. This in a judgment delivered months after that three month limit for holding elections had passed! Lest it be seen to be letting out just half a cheer, the Court proceeded and declared, " ...the Chief Martial Law Administrator, having validly assumed power by means of an extra-constitutiona l step in the interest of the State and for the welfare of the people, is entitled to perform all such acts and promulgate all legislative measures which have been consistently recognised by judicial authorities as falling within the law of necessity,

Photo the left shows Mr Brohi at an international conference of the Rotary Club in New Delhi in 1981 chatting with District Governor of the Rotary Club Mr Kassim Dada.


(a) all acts or legislative measures which are in accordance with, or could have been made under the 1973 Constitution, including the power to amend it..." Zia put that touching faith to work: soon he mutilated the powers of the judiciary itself, he set up an alternative structure of Shariat courts -- and used it both to frighten the populace, as well as to dump inconvenient judges! In little time he in effect overturned the Constitution -- by mere grafts and "amendments" ! And all that too in a strictly "constitutional" manner: Article 16 of his "Constitutional Order" of 1981 provided, "The President as well as the Chief Martial Law Administrator [by the grace of Allah, Zia combined both offices in himself] shall have, and shall be deemed to have always had, the power to amend the Constitution" ! And the courts cheered him along -- for ushering in an Islamic order!

The historical photo to the right shows Zia-ul-Haq’s cabinet. People from the left are Mr Mustafa Gokal Minister for Ports and Shipping, Lt Gen Faiz Ali Chishti Minister for Establishment, Mr A K Brohi Minister for Law and Parliamentary Affairs and Mr Ghulam Ishaq Khan Minister for Finance and Economic Affairs.

That is how Pervez Musharraf can so breezily proclaim as law what is by the text of the Constitution treason to be punished by death. "In pursuance of deliberations and decisions of Chiefs of Staff of the Armed Forces and Corps Commanders of Pakistan Army," -- an agglomeration unknown to the Constitution -- "I, General Pervez Musharraf, Chairman Joint Chiefs of Staff Committee and Chief of Army Staff," -- another entity unknown to the Constitution -- "Proclaim Emergency throughout Pakistan and assume the office of the Chief Executive of the Islamic Republic of Pakistan." How convenient! That is how he can so easily suspend all legislatures; dismiss all cabinets; place the entire country in the control of the Armed
Forces; declare that the country shall continue to be governed "in accordance with the Constitution" , "as nearly as may be", and "subject to this Order and any other orders made by the Chief Executive"; that the courts shall continue to function "subject to the aforesaid"; that fundamental rights shall continue in force, to the extent that they are "not in conflict with the Proclamation of Emergency or any other order made thereunder from time to time"; that the President shall continue, except that "he shall act on, and in accordance with the advice of the Chief Executive"; the courts will continue to discharge their duties, "provided that the Supreme Court or High Courts or any other court shall not have the powers to make any order against the Chief Executive or any person exercising powers or jurisdiction under his authority," they shall continue to discharge their functions except that "No judgment, decree, writ, order or process whatsoever shall be made or issued by any court or tribunal against the Chief Executive or any other authority designated by the Chief Executive"; that all laws shall continue in force "until altered, amended or repealed by the Chief Executive or any other authority designated by him" But this is not Martial Law, he declares in his television address!

As per Pakistan Bar Council {PBC}'s White Paper on Judiciary charged that corruption had plagued the institution for the past 55 years but the scourge peaked after President Pervez Musharraf came to power in 1999. Corruption and incompetence in the judiciary have become the order of the day. "The judiciary, due to its role and performance for the last three years {as of now 5 years}, has relegated itself to the position of subservience to the military rulers. Its role has been to support the regime of General Musharraf without any regard for the constitutional
dictates and the law laid down by the Supreme Court in its previous cases," the document said. "The military regime seems happy over corruption in the judiciary because it thinks that judges with 'compromised integrity' will not question any corruption," the document held. The Supreme Court's validation of various actions of Musharraf after seizing power in a military coup were aimed at "enslaving the constitution and the people's will",. "The inclusion (in the constitution) of provisions relating to the president's powers to dissolve the assemblies, simultaneous holding of both offices of the army chief and president by one person, three-year extension in the superannuation age of judges of superior courts and the constitution of the National Security Council was aimed at enslaving the constitution and the people's will," the document said.

"In most cases, a corrupt judge, if he happens to be a chief justice, can easily be manipulated by a dictatorial regime, which maintains dossiers on the judges," the White Paper charged. The reference was to Chief Justice Ahmad, who had administered the oath of office to Musharraf just before general elections 2002 and who had been given an additional three years in office. Now, the White Paper said, Musharraf "can count on a pliable chief justice to manage a verdict favourable to him in case he dissolves the National Assembly under his discretionary power to get rid of a hostile or recalcitrant parliament. "Thus, the judiciary has been reduced to the level of being a protector of a military ruler who is bent upon 'contaminating' the constitution to perpetuate his rule.

"The judiciary is acting under the dictates of the Military ruler in defiance of the constitutional provisions and the Supreme Court's own previous judgment. Ironically, the chief justice administered the oath of office to the president under the constitution before the NA had met and the election to the senate had taken place. "This was done despite the existence of his own (Ahmed's) judgment in a reference case, in which the chief justice had maintained that the consequences of the referendum (that Musharraf had ordered last on his continuance as president) would be settled by the parliament," the document said. Supreme Court Bar Association president Hamid Khan said the entire lawyer's fraternity had worked very hard to gather data for the White Paper. "We are ready to face the consequences of publishing this paper," he said. Pakistan's opposition parties have been vociferously demanding that Musharraf shed much of the sweeping powers he assumed by amending the constitution last year under the Legal Framework.

On April 22, 1968, Chattan and its editor were once again in trouble. The paper was closed down under the Defence of Pakistan Rules, his press confiscated and Agha Abdul Karim Shorish Kashmiri sent to jail. During the trial, the two High Court judges, Justice Bashiruddin and Justice Shaukat Ali, were under constant pressure. Both the judges were informed of the West Pakistan Governor, General Muhammad Musa’s strong reaction over the acceptance of Begum Shorish’s petition. They were told that “the Government was quite strong and could harass the judges.” Justice Shaukat Ali was informed that the Chief Secretary, Sheikh Ikramul Haque, was in rage, and “used harsh language” against him. According to Justice Shaukat Ali, Haque was “giving direction to the Bench at the instance of the Provincial Government”. Justice Shaukat Ali made representations to the Law Secretary, Government of Pakistan, Justice Muhammad Gul, and the Chief Justice of the West Pakistan High Court stating:

“Never before in the history of the judiciary – not ever during foreign domination judges were shabbily treated as was done in the case of the Bench entrusted with the hearing of the writ petition challenging the detention of Agha Abdul Karim Shorish Kashmiri under the DPR. There were visible attempts from the very outset of the hearing of the petition to influence the Bench. When the members of the bench did not succumb to such influences then there were threats communicated to the effect that the judges could also be harassed? When threats had gone unheeded investigations was held into the assets of the members of the Bench.

During late 50s after Shah Mussaddaq's sad and US Backed ouster from Iran, the CIA had its largest station in Tehran till 1979 to look after USSR, this stopped in 1979 when CIA was replaced by worst than CIA i.e. Irani Cutthroat Ayatollahs [also backed by the USA and Israel], CIA shifted its largest station in Islamabad, Pakistan to be served by General Zia, General Faiz Ali Chisti, Lt General Mujeeb ur Rehman [Paul Joseph Goebbels i.e. Information Minister of General Zia Rampantly Corrupt Regime], General Akhter Abdul Rehman, General Ghulam Jilani Khan, General Aslam Beg, General Hamid Gul and General Asad Durrani [those who are alive in the list are nowadays lecturing hapless Pakistanis about Democracy and Rule of Law]. During 90s CIA's Jeddah Station became the largest in the region. Sharifuddin Pirzada wa a frequent visitor of all the stations mentioned above.

President Reagan was a Republican President of USA in mid eighties when General Zia ul Haq was in conundrum after dismissing self picked Late. Mohammad Khan Junejo’s Cabinet for Junejo’s Blasphemous Efforts to investigate into the matter of ‘Ojhri Camp Disaster’ which had caused the death of hundreds of innocent people in Rawlapindi and Islamabad. The ‘Ojhri Camp’ was an arms and ammunition dump meant for storing US/Western Weapons meant for so-called Afghan Jihad and some of the weapon slipped allegedly slipped to Iran and matter got out of hand and Western Media getting very disturb reports about the involvement of Silent Warrior’s {General Zia ul Haq and General Akhter Abdul Rehman, sons of both the Generals are in the cabinet of General Musharraf} Involvement in selling Arms and Ammunition to Iran.

Subsequently, General Zia ul Haq approached ‘Jadoogar from Jeddah (Magician form Jeddah)’ i.e. Mr. Sharifuddin Pirzada. Syed Sharifuddin Pirzada. Active in General Ayub Khan's service when many of us were not even born. Mr Pirzada successfully carried the likes of Ghulam Ishaq Khan and General Zia through constitutional mazes for over two decades. He is with General Parvez Musharraf and his Prime Ministers i.e. Chaudary Shujaat Hussain, Zafarullah Khan Jamali, and now Mr. Shaukat Aziz. General Zia’s Chief of Staff Lt-Gen Syed Rafaqat {Mehran Bank Scandal Fame} asked him to announce an elections date within the stipulated 90 days according to the Constitution. General Zia, according to K.M. Arif's book "Working with Zia", shook his head saying: "A way can be found to overcome the hurdle. Pirzada (Sharifuddin) key paas kuchh masala hai" (Pirzada has a trick or two up his sleeves). Zia's answer to the query by the then ISI DG, Lt-Gen Hamid Gul {The creator of a manufactured Political Party through secret funds in late eighties named IJI}, about the next elections was curt and crisp: "Dekhain gey" (We will see). Zia then asked Hamid Gul to frame a suitable question for a referendum (K.M. Arif's book "Working with Zia"). Once again Mr Pirzada may be in action to discover loopholes in the Constitution as D-Day approaches.

Earlier in 1984 during the same government of President Reagan in USA and General Zia ul Haq in Pakistan, the same Syed Sharifuddin Pirzada had prepared the 1984 Order. And he has also formulated the 2002 Order {For General Musharraf in another US Republican President George W. Bush}. Zia's Order had opened as follows:

Whereas the Objectives Resolution and the Preamble to the Constitution of Islamic Republic of Pakistan of 1973, declare that it is the will of the people of Pakistan to establish an order wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Qur'aan and Sunnah and adequate provisions will be made to safeguard the legitimate interests of minorities and backward and depressed; And whereas the President of Pakistan has initiated the process for Islamisation of laws and taken measures to enable the people to order their lives in accordance with the teachings and requirements of Islam. And whereas in his address of 12th August, 1984, the President declared that the Constitution will be amended to include Islamic provisions in the substantive part of the Constitution and to bring about a balance between the powers conferred thereby on the President and the Prime Minister and to revive democracy and representative institutions in accordance with the principles of Islam, that elections to the National Assembly, the Senate and the four provincial assemblies will be held so as to be completed by the 23rd March, 1985; that the rights of women will be protected and they will have the same right of franchise as men, minorities in Islam are not an oppressed and persecuted lot but a privileged section of society and that representation will be given to the Ulema, women, workers, peasants, technocrats and professional class. And whereas deliberate attempts are being made by vested interests to undermine the foundations of Pakistan by bringing into ridicule its Ideology and the Islamic way of life.

And whereas attempts are being made to thwart the process of restoration of democratic institutions by preaching violence and instigating the people to boycott, disrupt and prevent the holding of elections. And whereas saboteurs and subversive elements are at work to disturb peace and tranquillity and create confusion and chaos; And whereas the President is determined to hold free and fair elections as scheduled. And whereas it is necessary that the process of restoration of democratic institutions and transfer of power be peaceful, smooth and orderly. And whereas it is necessary that the Ideology of Pakistan be preserved and the process of Islamisation be completed in accordance with the will of the people. And whereas for continuing this process and consolidating the same, as well as to ensure smooth and orderly transfer of power it is considered necessary that General Mohammad Ziaul Haq continues to hold the office of President of Pakistan for a further period of five years from the day of the first meeting of the Houses of Parliament in joint sitting and appropriate amendment to that effect be made in the Constitution.

And whereas the President has decided to ascertain the views of the people of Pakistan by means of a referendum." The question to the electorate on 19th December 1984 was: Whether the people of Pakistan endorse the process initiated by General Mohammad Ziaul Haq, the President of Pakistan, for bringing the laws of Pakistan in conformity with the injunctions of Islam as laid down in the Holy Qur'aan and Sunnah of the Holy Prophet [peace be upon him] and for the preservation of the Ideology of Pakistan, for the continuation and consolidation of that process and for the smooth and orderly transfer of power to the elected representatives of the people. The 1984 Order also said: If a majority of the votes cast in the referendum is in favour of the answer "Yes" the people of Pakistan shall be deemed to have endorsed all steps taken by the President for bringing the laws of Pakistan in conformity with the injunctions of Islam as laid down in the Holy Qur'aan and Sunnah of the Holy Prophet [peace be upon him] and for the preservation of the Ideology of Pakistan and for the continuation and consolidation of that process and for the smooth and orderly transfer of power to the elected representatives of the people and General Mohammad Ziaul Haq shall be deemed to have been duly elected President of Pakistan for a term of five years from the day of the first meeting of the Houses of Parliament in joint sitting.

The situation is still the same as was in General Zia’s tenure as the USA had a Republican President then and USA has a Republican President now. Then they were creating Jihadi Rogues like Osama Bin Laden, Aiyman Al Zawahiri and Abdullah Al Azzam to fight against the ‘Infidel and Un-Godly Communists’ and now they are running after the same rogues to have them arrested or even annihilated. As famous writer Mahmood Mamdani {Good Muslim Bad Muslim} would like to say Created by CIA Wanted by FBI. General Musharraf lack finesse and cunning and if you would like to say more crudely he lacks the evil grin, hypocrisy, and outright Machiavellian style of General Zia. General Musharraf says all crudely without bothering about anything {like Jo Ukharna Hai Ukhar Lo May To Wahi Karoonga Jo Marzi May Ayega} and that’s what he said in his 30the December 2004 speech that he would retain the office of the army chief till 2007 because any change at this stage could prove 'dangerous' for the country. Islam was in danger during General Zia’s Referendum and now Pakistan is in danger in another General’s tenure. Whereas both Islam and Pakistan have never been saved during the tenures of Pakistani Military Dictators the most funniest thing is that Jamat-e-Islami and other religious Mafias were with General Zia and they were crucially with General Musharraf as well at a very crucial juncture i.e. on getting passed the 17th Amendment and Musharraf never look back after that.

Analysis of General Musharraf’s Speech: {Dated 30th December 2004}

Parvez Musharraf: President Gen Pervez Musharraf declared on Thursday that he would retain the office of the army chief till 2007 because any change at this stage could prove 'dangerous' for the country.

Military ruled this country directly or indirectly since 1947 and in every pure military tenure Pakistan lost something. Ayub –Yahyah {1965 War, East Pakistan, and then respect and honour in the shape of disgraceful surrender in East Pakistan}, General Zia ul Haq {the only thing on which the Muslims ever united in their 1400 years of pathetic history was 1973 Constitution and that document was so thoroughly raped by General Zia ul Haq, Syed Sharifuddin Pirzada, Islamic Ideology Council and Mullahs that it doesn’t exist any more and Zoulfiqar Ali Bhutto also started this, General Zia also destroyed the Pakistani society through Sectarianism, Ethnic Divide, Heroin Culture, Klashnikov Culture and complete Latin Americanization of Pakistani Society through unleashing Intelligence Agencies on Pakistani Population}.

Parvez Musharraf: "At this crucial juncture, the country cannot afford any change in the internal and external policies and this is the major reason behind my decision to continue retaining the office of the army chief," the president said.

What message he is trying to convey in the 21st century that he is indispensable and nobody else can do the job. He is holding the will of the people in contempt. The policies, which he claims to continue, are the outcome of the Military Blunders, committed by the successive Military Regimes and Military Dictators particularly after 1977 coup d’ etat. Whether directly or indirectly Military Personnel are responsible for this Militancy, Economic Crisis, Political Crisis, Social Crisis, Corruption and above all Lawlessness in Pakistan.

Parvez Musharraf: Addressing the nation over radio and television, President Musharraf claimed he had been allowed by parliament to keep both the offices. "I just cannot violate the constitution that now allows me to retain both offices," he said.

Which constitution he is referring to, as the prevalent constitution is not the constitution of 1973 on which people of Pakistan reached a consensus. Mr. Musharraf must be referring the PCOed and LFOed {Provisional Constitutional Order and Legal Framework Order}. He must be referring the constitution of Syed Sharifuddin Pirzada not the constitution of 1973, abrogation of which was punishable be death and General Zia ul Haq didn’t get the death sentence despite of the fact it was witten in that un-amended version of constitution that no law can be passed against Islam and hanging any violator of that constitution wasn’t against Islam and Zia just did that and so-called toothless rather spineless Islamic Ideology Council just kept watching that abrogation.

Parvez Musharraf: "One of the most important issues is to ensure harmony in the military and bureaucracy and to see that the current political system was moving in the right direction, therefore I decide that I would not shed my military uniform," he added.

Through Draconian Ordinance 2000-2001 several dissenting civilian bureaucrats and thousands of low level civilian employees were retrenched, kicked out, forcibly sent on retirements and sacked on highly flimsy concocted charges. Whereas the National Accountability Bureau whose sole purpose in Parvez Musharraf’s own seven point agenda as announced in October 1999 after the coup d’ etat, was to eradicate corruption from all walks of life including Military, was used against several politicians and political parties to create Political Parties like PML-Q, PPP-Patriots, MQM and Mullahs (MMA shares government with Musharraf in Baluchistan and NWFP) for the Federal and Provincial Cabinets for Musharraf Govt and USA to implement the US Republican and Neo-Con Agenda in the sub continent. As you might have noticed almost all the members of the present government of Musharraf are wanted in several corruption cases.

Parvez Musharraf: The president advised the opposition to accept the rule of the majority and said that nowhere in the world minority could dictate terms to the majority. Continuity in political and economic policies, he pointed out, was important and said that both the government and parliament should complete their terms.

Opposition has already accepted the rule of majority e.g. MMA being cooperative with Musharraf on 17TH Constitution amendments and PPP on Asif Ali Zardari’s release lets see when Javed Hashmi is freed so that the PML-N be able to accept the the Young Turk.

Parvez Musharraf: The president underlined the importance of continuity in internal and external policies, forward movement in dialogue with India for the solution of the Kashmir issue, tackling extremism and terrorism, security and safeguarding vital national interests and harmony among political, bureaucratic and military institutions.

Similar efforts of peace with India by Benazir Bhutto in 1988-89-90 with late. Rajiv Gandhi were sabotaged by General Mirza Aslam Baig and Ghulam Ishaq Khan. The efforts by Nawaz Sharif 1997-1998-1999 to achieve peace with India were sabotaged by creating Kargil Fiasco and Military Establishment was supported by Qazi Hussain Ahmed (Jamat-e-Islami and MMA) and other Jihadi Mafias in sabotaging Atal Behari Vajpai’s Lahore visit. As far as extremism, terrorism and Jihadism are concerned I would just say just type words like Jihad+Army+Pakistan+Agencies+USA in any search engine of Internet and you would find thousands of PDF documents on Pakistan and USA supporting Jihadis all over the place. Who would define the National Internet in Pakistan? What’s the definition of National Internet? What harmony amongst political, bureaucratic and military institutions? Politics and affairs of the country should be left to politicians and civil bureaucracy of the country. Defence and Defence of the country only, be left for Military. Go back to barracks now.

Parvez Musharraf: President Musharraf said he had proposed last year that he would quit his army post by December 2004. But, he regretted, since the MMA did not keep his promises he was not bound to oblige anyone over the issue of the military uniform.

What more he wants from Mullahs? Musharraf and Military have been thoroughly supported by Jamat-e-Islami and othe Mullahs in every misdeed right from the 1965 War till 17th Constitutional Amendments.

Parvez Musharraf: "Yes I had said that I would voluntarily relinquish the charge of the office of the chief of the army staff with certain hopes and expectations, although there is no mention of leaving the army office in either the government-MMA accord or the 17th Amendment," he added.

Who should be taken seriously Musharraf or Mullahs?

Parvez Musharraf: He said he created history by voluntary transferring executive powers to an elected prime minister for the first time in Pakistan. The president reaffirmed that parliament and the government would complete their tenure, the process for local government elections would commence in April, fight against terrorism would continue, the writ of the government would be further strengthened and all mega development projects would be completed.

Also created history of hiring firing Prime Ministers like House Boys rather rent boys. Within no time he hired fired 3 Prime Ministers.

Talking about Pakistan-India relations, Gen Musharraf expressed hopes that the Kashmir issue would be resolved with the active involvement of the Kashmiris. "We want improvement in relations with India on the basis of sovereign equality," he said, reiterating that Pakistan would not unilaterally show flexibility to resolve the 57-year-old Kashmir dispute.

Parvez Musharraf: He also declared that the country's nuclear and missile programme would be strengthened.

As per an American based analyst Seema Sirohi quoted in Asia Times that “Dr Abdul Qadeer Khan, in his 11-page confession reported in the US press in February, named Karamat, former chief of army staff General (retired) Mirza Aslam Beg and President General Pervez Musharraf as the men on top who were aware of what was going on. As the chief of army staff from 1996-98, Karamat was directly responsible for the safety and security of the nuclear program.

Hypocrisy and Duality of US Foreign Policy:

The USA wants women as parliamentarians, parliamentary democracy, fress freedom, and women rights etc.etc in Saudi Arabia, Iran, UAE, AFGHANISTAN and other such Barbaric Countries but openly supported Military Dictators like General Zia ul Haq and General Musharraf. The US and allies bombarded and caused death of at least 100, 000 innocent Iraqis on some concocted CIA Reports that Iraq has Weapons of Mass Destruction but USA’s behaviour is strange on Pakistani Nukes. It seems that the Americans have created this whole affair of Nuclear Proliferation just to arm twist or coerce rogue Pakistani Establishment to do the dirty work of USA because only White House of Bush/Republican Neo-Con lobby is soft on Pakistani Nuclear Affair otherwise the whole American press as well as Democrats are very rough and tough on this issue.

Conflicting Statements of US State Department on Military Rule & against Pakistan:

1- As per AFP: The United States on Thursday {14 Oct 2004} reminded Gen Pervez Musharraf of his pledge to embrace democracy following concerns over a newly-passed law prolonging his dual role as president and army chief. "President Musharraf regularly affirms his vision of Pakistan's progress toward democracy," State Department spokesman Richard Boucher told reporters. "That's a vision that we share and we'll continue to encourage him to move in that direction," he said when commenting on a bill passed by parliament allowing Musharraf to remain army chief. A senior state department official said on condition of anonymity "it would be good" if Musharraf shedded his uniform "but it's not the full indicator of progress toward democracy."

2- On Dec 31 2004 US Secretary of State Colin Powell has not only endorsed President Pervez Musharraf's decision to retain his uniform but has also backed his policies even on issues that are considered sensitive in America, such as granting of amnesty to Dr A.Q.Khan and his handling of the military campaign in Waziristan.

3- On Sept 24 2004 US Secretary of State Colin Powell said that the question of President Pervez Musharraf's stepping down as military chief was 'complex', although Washington wanted the country to move towards
full democracy.

4- On Dec 23 2004 US Secretary of State Colin Powell has said he does not believe President Pervez Musharraf was involved at any stage with the nuclear proliferation done allegedly by Dr A.Q. Khan. Mr Powell defended President Musharraf in an interview to the Christian Science Monitor published on Thursday. Asked if he thought Gen Musharraf was complicit at any time with the proliferation, Mr Powell said: "I have no reason to believe that. I have no evidence to that." When the interviewer suggested that the proliferation network could not have functioned without being noticed by the ruler of the country, Mr Powell said he knew how things worked in Pakistan and he still believed President Musharraf was not involved. "I'm very familiar with the way it works, and I have spoken to President Musharraf about this directly, one-on-one. And he said that he did not," said Mr Powell.

5- On Oct 19 2004 'Pakistan is in danger', US Secretary of State Colin Powell said on Monday that Pakistan was moving in the right direction under President Pervez Musharraf. In an interview with USA Today, he said: "A little bit of understanding is necessary as you watch somebody like President Musharraf go through this process, as you watch him deal with his economic problems, he has to re-do the Madressah system, fix his educational system, and a relatively free press in Pakistan, yet bombs are going off on a regular basis." Responding to questions about President Musharraf's role and his imminent decision not to take off the uniform, Mr Powell stressed: "In the case of Pakistan over the last several years, we have seen a parliament start to function again, a prime minister, legislative action reflecting a more effective legislature, not quite what we would have wanted, and we see a nation that is still in danger. I mean Pakistan is in danger."

Tailpiece on General Musharraf’s Referendum 2002:

On Musharraf’s referendum 2002 several leading Western Newspapers opined Pakistan's "deeply flawed" referendum has tarnished the image of Gen Pervez Musharraf. "Fair, free and transparent. Pakistan's deeply-flawed referendum conferring another five years of power on Gen Musharraf appears to have been none of the above," said The Globe and Mail in its editorial comment.Describing it as "unfortunate", the newspaper wrote: "History may yet look back on the western-leaning, reform-minded Gen Musharraf as one of Pakistan's better rulers, even if he did seize power in a (bloodless) military coup. But for the foreseeable future, any transition from military dictator to political statesman will be badly tarnished by a rubber-stamp referendum that should never have been staged." And staged it was, unless the widely-reported accounts of wholesale voting fraud have all been invented, said the editorial entitled "Voting for the general". Another influential newspaper The Toronto Star carried a detailed report on referendum under a blazing headline, "Musharraf victory denounced as a 'fraud'". That’s the kind of Politics Mr. Musharraf wants for Pakistan.


A familiar path? ASLAM MINHAS.

Cabinet to okay referendum order today Updated on 2002-04-03 12:28:06. {4}

Musharraf says he will keep army post: Cooperation offered to opposition By Ihtashamul Haque

Pakistan lays down the agenda for the US By Seema Sirohi Seema Sirohi is a Washington-based correspondent.

US reminds Musharraf of democracy pledge

Neighbours, not enemies By Mahir Ali

No snub was intended to Pakistan: US

Pakistan not called rogue state: US By Our Correspondent

US endorses Musharraf's policies By Anwar Iqbal

Musharraf's uniform a complex issue: Powell

Musharraf had no hand in N-proliferation, says Powell By Our Correspondent

Pakistan on right track: Powell By Our Correspondent

Powell's exit: implications By Afzaal Mahmood

Why is Musharraf in a hurry? By Kuldip Nayar

US-Pakistan relations in post-poll period By Dr Hasan-Askari Rizvi

Dealing with US anxieties By M.H. Askari

Canadian papers slam referendum By Our Correspondent

The Saturday Profile On Retainer in Pakistan, to Ease Military Rulers’ Path By JANE PERLEZ Published: December 15, 2007

Whither Judiciary? by Mahjabeen Agha (Thursday 13 January 2005)

Petitions dismissed by Supreme Court: 17th Amendment, dual office By Nasir Iqbal

14 April 2005 Thursday 04 Rabi-ul-Awwal 1426

Dawn, the newspaper Ardeshir Cowasjeewrites for, printed the text of the Supreme Court charge-sheet quoting the remarks Cowasjee made on PTV in a programme telecast on the night of October 19.

State Department Report Lashes Out at Pakistan Army Generals, Judges Special SAT Report.

President in Uniform The writer is a former Chief Justic of Pakistan.

Sharifuddin Pirzada: Administering Miscarriage of Justice for Decades By Nighat Yasmeen

Pakistan’s Perverse Tryst with Constitutional Dictatorship Dr Zafar Altaf


Source: The Library of Congress Country Studies

The Realities of Pakistan by Arun Shourie

Corruption plagues Pakistan's judiciary: White Paper From Indo-Asian News Service

The Press in Chains by Late. Zamir Niazi published by Royal Book Company, Karachi.

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