Sunday, March 7, 2010

Judiciary: Narcissism, Vanity & Talbees-e-Iblees [Devil's Deception]

ISLAMABAD: Senior judge of the Supreme Court Justice Javed Iqbal on Thursday said the present democracy owed its existence to Chief Justice Iftikhar Muhammad Chaudhry. He was addressing the participants of the National School of Public Policy, who called on him here at the Supreme Court building.Justice Javed Iqbal said the chief justice of Pakistan was a symbol of bravery, rules, and boldness, not only in the country but also at the global level. “He is a person who changed the course of history,” Justice Javed Iqbal said. He said: “The Supreme Court is the highest court, having ample authority to set aside the wrong decisions.“We are the creation of the Constitution and the custodian of the Constitution, and it is our duty to preserve and protect the Constitution and perform our duties well as we are under oath,” he remarked. Reference: Democracy owes its existence to CJ: Justice Javed SC judge says most of the departments have failed to deliver By our correspondent Friday, March 05, 2010 http://thenews.jang.com.pk/top_story_detail.asp?Id=27612

Friday, March 05, 2010, Rabi-ul-Awwal 18, 1431 A.H
http://www.jang.com.pk/jang/mar2010-daily/05-03-2010/main.htm



PESHAWAR: Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry said Tuesday that nation had to pay a heavy price whenever the country’s constitution was violated. Addressing the judges at the Peshawar High Court here, the Chief Justice urged the fellow judges to hasten the dispensation of justice in line with the national judicial policy. He stressed that judges must act upon according to the law and the constitution, which provides framework for judiciary’s independence also. The Chief Justice said: “I have come to know that the NWFP government is taking measures to improve the working environment for judges.” During a hearing about the case of missing student of Mansehra, Chief Justice Chaudhry remarked that it was the duty of police to recover him (student). The top judge said that dispensation of justice should be visible. REFERENCE: Nation paid heavy price over breach of law: CJ Updated at: 2135 PST, Tuesday, March 02, 2010 http://www.thenews.com.pk/updates.asp?id=99857

Tuesday, March 02, 2010, Rabi-ul-Awwal 15, 1431 A.H
http://www.jang.com.pk/jang/mar2010-daily/02-03-2010/index.html





Abu'l Faraj ibn al Jawzi(508 AH-597 AH) classical work 'Talbees Iblees' [Devil's Deception - Translated Dr. Bilal Philips] , which offers the Ibn Jawzee's views on the machination of Satan [Iblees] and how he corrupts human being through inciting them on Takkabur (Pride) - the deadliest of all sins. Kibr ,as it is a display of behavior congruent which may include as the diagnostic criteria alone or in combination with many personality disorders like narcissism characterized by a pervasive pattern of grandiosity ,self esteem, egotism, elitism, stubborness and lack of empathy. Kibr – is a feeling of superiority over others, caused by awareness of some attributes that the others do not have such as Power and wealth, Beauty and youth, Status, Prestige and esteem, Intelligence, Enlightment and education.These qualities that contribute up arrogance in people are not the features that make a person superior, in fact they are all blessings and in return of which a man must feel grateful to Allah!

Allah Ta’ala says in the Qur’an:

وَنَفْسٍ وَمَا سَوَّاهَا () فَأَلْهَمَهَا فُجُورَهَا وَتَقْوَاهَا ()

And a soul and Him Who perfected it And inspired it (with conscience of) what is wrong for it and (what is) right for it. [ASH-SHAMS (THE SUN) Chapter 91 - Verse 7 and 8]

Allah Ta’ala created man as a wonderful creature, a treasure house of wonderful capabilities. One of these wonderful things which was created in man was ‘NAFS’ (baser self). Allah Ta’ala says that He then made ‘NAFS’ proportionate and inspired in it instincts of both evil and good. Both these instincts are inherent properties of ‘NAFS’. That means ‘NAFS’ is inherently capable of both things viz., righteousness as well as evil. Here in this verse Fajoor (wrong) was mentioned first and then Taqwa (righteousness), from this sequence it has been inferred that if ‘NAFS’ is left like that, without reforming it, then its evil properties will predominate, same is admitted by Hadhrat Yusuf (AS) when he said, as mentioned in the Qur’an:

وَمَا أُبَرِّئُ نَفْسِي إِنَّ النَّفْسَ لَأَمَّارَةٌ بِالسُّوءِ إِلَّا مَا رَحِمَ رَبِّي إِنَّ رَبِّي غَفُورٌ رَحِيمٌ

I do not exculpate myself. Lo! the (human) soul enjoineth unto evil, save that whereon my Lord hath mercy. Lo! my Lord is Forgiving, Merciful. [YUSUF (JOSEPH) Chapter 12 - Verse 53]

Iblees is the perpetual enemy of man. Ever since man has been created, Iblees follows him. Allah Ta’ala has also given special characteristics to Iblees. It is stated in the Hadith (tradition) that Iblees runs in the blood of man and also sits on his heart. Iblees is capable of doing many extraordinary things which ignorant people think divine, hence get deceived. But all this is forgotten by our Judges and Jurists who at the drop of hat quote Quran and Hadith while lecturing people [that the short order found the NRO to be against Quran and Sunnah as it held the ordinance violative of Article 227, which says that all existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah and no law shall be enacted which is repugnant to such injunctions. REFERENCE: No law could be made which perpetuated corruption: SC By Nasir Iqbal Wednesday, 20 Jan, 2010 Read full text of detailed judgement on NRO http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/18-sc-issues-detailed-verdict-on-nro-case-am-08
http://www.supremecourt.gov.pk/web/user_files/File/NRO_Judgment.pdf ] but never fail to indulge in Narcissism and Vanity and above all acute Memory Loss about Justifying and Legalizing Martial Law through PCO.

As per a lecture on Vanity, Pride, and Arrogance by Sheikh Muhammad Saleh Al-Munajjid Saudi Islamic Lecturer/Scholar

"QUOTE"

Arrogance is a blameworthy characteristic which is the feature of Iblees and his cohorts in this world, those on whose hearts Allaah has placed a seal. The first one who showed arrogance towards Allaah and His creation was the accursed Iblees, when Allaah commanded him to prostrate to Adam and he refused and was arrogant, and said, “I am better than him (Adam), You created me from fire, and him You created from clay.”


وَلَقَدْ خَلَقْنَاكُمْ ثُمَّ صَوَّرْنَاكُمْ ثُمَّ قُلْنَا لِلْمَلآئِكَةِ اسْجُدُواْ لآدَمَ فَسَجَدُواْ إِلاَّ إِبْلِيسَ لَمْ يَكُن مِّنَ السَّاجِدِينَ

قَالَ مَا مَنَعَكَ أَلاَّ تَسْجُدَ إِذْ أَمَرْتُكَ قَالَ أَنَاْ خَيْرٌ مِّنْهُ خَلَقْتَنِي مِن نَّارٍ وَخَلَقْتَهُ مِن طِينٍ

Allaah says (interpretation of the meaning):

“And surely, We created you (your father Adam) and then gave you shape (the noble shape of a human being); then We told the angels, ‘Prostrate yourselves to Adam’, and they prostrated themselves, except Iblees (Satan), he refused to be of those who prostrated themselves. (Allaah) said: ‘What prevented you (O Iblees) that you did not prostrate yourself, when I commanded you?’ Iblees said: ‘I am better than him (Adam), You created me from fire, and him You created from clay’” [al-A’raaf 7:11-12]

Arrogance is one of the characteristics of Iblees, so whoever wants to be arrogant should realize that he is acquiring a characteristic of the devils, and that he is not acquiring a characteristic of the noble angels who obeyed their Lord and fell down prostrate.

Pride is an attribute that is not befitting for anyone except Allaah. Whoever seeks to compete with Allaah in that, Allaah will destroy him, wreak vengeance on him and make things difficult for him.

It was narrated that Abu Sa’eed al-Khudri and Abu Hurayrah said: The Messenger of Allaah (S) said: “Might is His garment and pride is His cloak; whoever seeks to compete with Me concerning them, I will punish him.” [Muslim]

Al-Nawawi said: This is how it is narrated in all texts. The pronoun in the words ‘His garment’ and ‘His cloak’ refers to Allaah, and there is something omitted; what is meant is ‘Allaah says, ‘whoever seeks to compete with Me concerning them, I will punish him’.

What is meant by ‘seeks to compete with Me’ is seeking to acquire that characteristic in the sense of sharing in it. This is a stern warning against arrogance which clearly demonstrates that it is haraam. [Sharh Muslim, 16/173.]

Everyone who tries to be arrogant and put himself above others, Allaah will bring him down among the lowest of the low, and will humiliate him, because he is going against reality, so Allaah will punish him by thwarting his aims; the punishment is to fit the crime. The one who is arrogant towards the people will be trampled beneath the feet of the people on the Day of Resurrection, as a punishment for his arrogance.

It was narrated from ‘Amr ibn Shu’ayb via his father and grandfather that the Prophet (peace and blessings of Allaah be upon him) said: “On the Day of Resurrection, the arrogant will be gathered like ants in the form of men. Humiliation will overwhelm them from all sides. They will be driven to a prison in Hell called Bawlas, with the hottest fire rising over them, and they will be given to drink of the juice of the inhabitants of Hell, which is teenat al-khabaal.” [Tirmidhi]

Thirdly:

Arrogance is of several types, including the following:

1 – When a person does not accept the truth and produces false arguments against it, as we have mentioned in the hadeeth of ‘Abd-Allaah ibn Mas’ood, “Arrogance means rejecting the truth and looking down on people.”

2 – When a person admires himself for his beauty or handsomeness, or the fineness of his food or clothing, so he feels proud and arrogant and feels superior to people.

It was narrated that Abu Hurayrah said: The Prophet (peace and blessings of Allaah be upon him) said (or Abu’l-Qaasim (peace and blessings of Allaah be upon him) said): “Whilst a man was walking, dragging his garment with pride, with his hair nicely combed, Allaah caused the earth to swallow him and he will go on sinking in it until the Day of Resurrection.” [Bukhaari and Muslim]

A similar case is the story of the friend of the man whose companion spoke to him arrogantly.

وَكَانَ لَهُ ثَمَرٌ فَقَالَ لِصَاحِبِهِ وَهُوَ يُحَاوِرُهُ أَنَا أَكْثَرُ مِنكَ مَالًا وَأَعَزُّ نَفَرًا

Allaah says (interpretation of the meaning):

“And he had property (or fruit) and he said to his companion, in the course of mutual talk: ‘I am more than you in wealth and stronger in respect of men’” [al-Kahf 18:34]

It may be that he was boasting about his tribe and linage.

Fourthly:

One of the remedies for arrogance is to think of yourself as being just like other people and realize that they are like you, they were born from a mother and a father just as you were, and that taqwa (piety, fear of Allaah) is the true criterion of superiority.

يَا أَيُّهَا النَّاسُ إِنَّا خَلَقْنَاكُم مِّن ذَكَرٍ وَأُنثَى وَجَعَلْنَاكُمْ شُعُوبًا وَقَبَائِلَ لِتَعَارَفُوا إِنَّ أَكْرَمَكُمْ عِندَ اللَّهِ أَتْقَاكُمْ إِنَّ اللَّهَ عَلِيمٌ خَبِيرٌ

Allaah says (interpretation of the meaning):

“Verily, the most honourable of you with Allaah is that (believer) who has At-Taqwa [i.e. he is one of the Muttaqoon (the pious)” [al-Hujuraat 49:13]

The arrogant Muslim should realize that no matter what he achieves, he is still too weak to attain a stature like the mountains in height or rend nor penetrate the earth (cf. al-Isra’ 17:37),

وَلاَ تَمْشِ فِي الأَرْضِ مَرَحًا إِنَّكَ لَن تَخْرِقَ الأَرْضَ وَلَن تَبْلُغَ الْجِبَالَ طُولاً

as Allaah says (interpretation of the meaning):

And walk not on earth with haughty self-conceit: for, verily, thou canst never rend the earth asunder, nor canst thou ever grow as tall as the mountains [al-Isra’ 17:37]

Allaah says (interpretation of the meaning):

وَلَا تُصَعِّرْ خَدَّكَ لِلنَّاسِ وَلَا تَمْشِ فِي الْأَرْضِ مَرَحًا إِنَّ اللَّهَ لَا يُحِبُّ كُلَّ مُخْتَالٍ فَخُورٍ

وَاقْصِدْ فِي مَشْيِكَ وَاغْضُضْ مِن صَوْتِكَ إِنَّ أَنكَرَ الْأَصْوَاتِ لَصَوْتُ الْحَمِيرِ

“And turn not your face away from men with pride, nor walk in insolence through the earth. Verily, Allaah likes not any arrogant boaster. And be moderate (or show no insolence) in your walking, and lower your voice. Verily, the harshest of all voices is the braying of the asses” [Luqmaan 31:18-19]

Al-Qurtubi said:

The phrase “nor walk in insolence through the earth” is a prohibition of arrogance and is enjoining humility. Marah (translated here as insolence) is excessive joy, or it was said that it means being arrogant in walking, or thinking too highly of oneself. Qutaadah said: it means showing off in walking; or it was said that it means vanity. All of these suggestions are close in meaning, but they may be divided into two categories: those which are blameworthy and those which are praiseworthy. Arrogance, vanity, showing off and thinking too highly of oneself are blameworthy; joy and energy are praiseworthy. Tafseer al-Qurtubi, 10/260. [Courtesy: Sheikh Muhammad Saleh Al-Munajjid Saudi Islamic Lecturer/Scholar]

Another remedy for arrogance is for a person to realize that on the Day of Resurrection he will be gathered in a small form like an ant which will be trampled underfoot. Arrogant people are hated by other people just as they are hated by Allaah; people love humble, tolerant and gentle people, and they hate those who are harsh and cruel to people. Another remedy is to remember that he and urine came out of the same place; that he began as a despised drop of sperm and he will end up as a rotten corpse, and that in between he is a vessel for faeces. So what does he have to feel so proud and arrogant about?! [Courtesy: Sheikh Muhammad Saleh Al-Munajjid Saudi Islamic Lecturer/Scholar]

"UNQUOTE"

Recent History of Pakistan [1999 - 2008] tells us something different about the Rule of Law, Constitution, Democracy, PCO, LFO, and Rampant Human Rights Violations under the very Judiciary indulged in Narcissism and Vanity. Aren't there any Quranic Verses and Hadiths on the following misconduct????

Ayaz Amir wrote.....

That was the mother of all sins. So how strange and dripping with irony this omission: about that seminal event, which set in train all the sorrows the nation was to reap thereafter, their lordships in their “historic” judgment have nothing to say. For this of course we must understand the problems of the past. For in 2000, a few months after the mother of all sins, when this matter came before the then Supreme Court headed by Chief Justice Irshad Hasan Khan, the nation witnessed another of those electrifying performances which have made “the doctrine of necessity” so famous in our land, the Supreme Court validating Musharraf’s coup and, what’s more, allowing him a grace period of three years to hold elections. In its generosity, it also gave Musharraf the authority to amend the Constitution for purposes of holding elections. So just as the Anwarul Haq Supreme Court gave a clean chit to General Ziaul Haq’s coup of 1977, another Supreme Court signed a papal bull conferring legitimacy on another illegitimate offspring of our political adventures. Now for an inconvenient fact. On the bench headed by Chief Justice Irshad Hasan Khan there sat an up-and-coming jurist, stern of eye and distinguished of look, by the name of Iftikhar Muhammad Chaudhry. Yes, he was among the illustrious upholders of the law and the Constitution who bathed Musharraf and his generals in holy water. ---- Talking of Musharraf’s military rule, what was the role of our present lordships when Triple One Brigade, our highest constitutional authority, reinterpreted the Constitution once again on the long afternoon of Oct 12, 1999? A few judges — Chief Justice Saiduzzaman Siddiqui comes to mind — did not take oath under the Provisional Constitution Order (PCO) issued two months later. But if imperfect memory serves, all of their present lordships, at one time or the other, took oath under the PCO. Not only that, some of them were on the bench which validated Musharraf’s takeover. A few, including My Lord the Chief Justice, were on the bench which validated Musharraf’s takeover for the second time in the Zafar Ali Shah case (2005). Of course, we must let bygones be bygones and deal with the present. But then this principle should be for everyone. We should not be raising monuments to selective memory or selective condemnation. If the PCO of 2007 was such a bad idea, in what category should we place the PCO of 2000? And if in this Turkish bath all are like the emperor without his clothes, the least this should inculcate is a sense of humility. REFERENCE: Writing of history or triumph of amnesia? Friday, August 07, 2009 By Ayaz Amir http://www.thenews.com.pk/print1.asp?id=191800 The road to hell — and similar destinations Islamabad diary Friday, January 01, 2010 Ayaz Amir http://thenews.com.pk/daily_detail.asp?id=216323

High treason.

(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.

(3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason. REFERENCE: The Constitution of the Islamic Republic of Pakistan http://www.pakistani.org/pakistan/constitution/

An accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offense.


In his petition, the senator, on whose petition the Supreme Court had earlier validated the Oct 12, 1999, military coup by Gen Musharraf, also challenged a provision in Section 3 of the High Treason (Punishment) Act, 1973, which required the federal government to move a reference for any proceedings under high treason and said this provision was against Article 6 of the Constitution, which does not demand such condition. The petition also asked whether former army chief (Gen Musharraf) did not commit breach of his constitutional oath through his Oct 12, 1999, military coup in disregard of the Constitution and, if faith and allegiance to Pakistan means upholding the Constitution which embodies the will of the people, does it not amount to treason. - The armed forces, the petition alleged, were not only ridiculed but insulted by exploiting them only for personal gains. They were made to climb the wall of the prime minister’s house on Oct 12 and used to maintain Gen Musharraf in his extra-constitutional usurpation of power, the petition alleged. To relinquish the office of Chief Executive in accordance with the Supreme Court’s May 12, 2000 judgment, means that Gen Musharraf should have surrendered the command of the armed forces to the then Prime Minister, Mir Zafraullah Khan Jamali, after holding the general elections, but by not doing so, Gen Musharraf disobeyed and violated the order of the apex court, the petition contended. - Sayed Zafar Ali Shah submitted that General (R) Pervez Musharraf used force against the elected prime minister, overturned the entire political and democratic system, he acted against the integrity and security of the country and was liable to be punished under Article 6 of the constitution of 1973 read with Section 2 of the High Treason (Punishment) Act, 1973. REFERENCES: SC moved against Musharraf; PML-N disowns Zafar’s plea By Nasir Iqbal Sunday, 23 Aug, 2009 02:51 AM PST http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/sc-moved-against-musharraf-pmln-disowns-zafars-plea-389 SC moved for Musharraf’s trial under Article 6 By Sohail Khan dated Sunday, August 23, 2009 http://thenews.jang.com.pk/top_story_detail.asp?Id=24034 SC moved against Musharraf; PML-N disowns Zafar’s plea By Nasir Iqbal Sunday, 23 Aug, 2009 02:51 AM PST http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/sc-moved-against-musharraf-pmln-disowns-zafars-plea-389

Five judges elevated to SC Bureau Report [Daily Dawn Feb 2000] ISLAMABAD, Feb 2: The government elevated five judges to the Supreme Court on Wednesday. According to a notification, the president has appointed Justice Rashid Aziz, Chief Justice, Lahore High Court; Justice Nazim Hussain Siddiqui, Chief Justice Sindh High Court; Justice Iftikhar Mohammad Chaudhry, Chief Justice, Balochistan High Court; Qazi Farooq, former chief justice of Peshawar High Court; and Justice Rana Bhagwan Das, judge, Sindh High Court, judges of the Supreme Court. After the elevation of Justice Rashid Aziz Khan to the SC, Justice Mohammad Allah Nawaz has been appointed Chief Justice of Lahore High Court. Justice Deedar Hussain Shah has been appointed Chief Justice of Sindh High Court and Justice Javed Iqbal Chief Justice of Balochistan High Court. After these appointments, the number of SC judges has risen to 12, leaving five posts vacant. Reference: Five judges elevated to SC Bureau Report http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/05feb00.html#five

2 – Chaudhry Iftikhar named new CJ [Daily Dawn 2005] By Our Staff Reporter ISLAMABAD, May 7: President Pervez Musharraf on Saturday appointed Justice Iftikhar Mohammad Chaudhry, the senior most judge of the Supreme Court, as the next chief justice. He will assume the office on June 30 after retirement of the incumbent Chief Justice, Justice Nazim Hussain Siddiqui, on June 29. “The notification has ended speculations of appointment of a junior judge as chief justice in violation of the seniority principle settled under the 1996 Judges case,” commented a senior Supreme Court lawyer on condition of anonymity. Justice Chaudhry will reach the superannuation age of 65 years in 2012, which will make him one of the longest serving chief justices in the judicial history of Pakistan. He will serve as chief justice for over seven years. Earlier Justice A. R. Cornelius and Justice Mohammad Haleem served as chief justice for eight years from 1960 to 68 and 1981 to 89, respectively. Justice Chaudhry was elevated as a judge of the apex court on February 4, 2000. He has performed as acting chief justice from January 17 to 29, 2005. He holds the degree of LLB and started practice as an advocate in 1974. Later he was enrolled as an advocate of high court in 1976 and as an advocate of Supreme Court in 1985. In 1989, Justice Chaudhry was appointed as advocate-general of Balochistan and elevated to the post of additional judge in the Balochistan High Court in 1990. He also served as banking judge, judge of Special Court for Speedy Trials and Customs Appellate Courts as well as company judge. He served as the chief justice of the Balochistan High Court from April 22, 1999 to February 4, 2000. He was elected the president of the High Court Bar Association, Quetta, and twice a member of the Bar Council. He was appointed as the chairman of the Balochistan Local Council Election Authority in 1992 and for a second term in 1998. Justice Chaudhry also worked as the chairman of the Provincial Review Board for Balochistan and was appointed twice as the chairman of the Pakistan Red Crescent Society, Balochistan. Presently he is functioning as the chairman of the Enrolment Committee of the Pakistan Bar Council and Supreme Court Buildings Committee. Reference: Caudhry Iftikhar named new CJ By Our Staff Reporter May 8, 2005 Sunday Rabi-ul-Awwal 28, 1426 http://www.dawn.com/2005/05/08/top4.htm

يَا أَيُّهَا الَّذِينَ آمَنُواْ كُونُواْ قَوَّامِينَ بِالْقِسْطِ شُهَدَاء لِلّهِ وَلَوْ عَلَى أَنفُسِكُمْ أَوِ الْوَالِدَيْنِ وَالأَقْرَبِينَ إِن يَكُنْ غَنِيًّا أَوْ فَقَيرًا فَاللّهُ أَوْلَى بِهِمَا فَلاَ تَتَّبِعُواْ الْهَوَى أَن تَعْدِلُواْ وَإِن تَلْوُواْ أَوْ تُعْرِضُواْ فَإِنَّ اللّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرً

O ye who believe! Be ye staunch in justice, witnesses for Allah, even though it be against yourselves or (your) parents or (your) kindred, whether (the case be of) a rich man or a poor man, for Allah is nearer unto both (them ye are). So follow not passion lest ye lapse (from truth) and if ye lapse or fall away, then lo! Allah is ever Informed of what ye do. [AN-NISA (WOMEN) Chapter 4 - Verse 135]

يَا أَيُّهَا الَّذِينَ آمَنُواْ كُونُواْ قَوَّامِينَ لِلّهِ شُهَدَاء بِالْقِسْطِ وَلاَ يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ عَلَى أَلاَّ تَعْدِلُواْ اعْدِلُواْ هُوَ أَقْرَبُ لِلتَّقْوَى وَاتَّقُواْ اللّهَ إِنَّ اللّهَ خَبِيرٌ بِمَا تَعْمَلُونَ

O ye who believe! Be steadfast witnesses for Allah in equity, and let not hatred of any people seduce you that ye deal not justly. Deal justly, that is nearer to your duty. Observe your duty to Allah. Lo! Allah is Informed of what ye do. [AL-MAEDA (THE TABLE, THE TABLE SPREAD) Chapter 5 - Verse 8]

يَا أَيُّهَا الَّذِينَ آمَنُوا إِن جَاءكُمْ فَاسِقٌ بِنَبَأٍ فَتَبَيَّنُوا أَن تُصِيبُوا قَوْمًا بِجَهَالَةٍ فَتُصْبِحُوا عَلَى مَا فَعَلْتُمْ نَادِمِينَ

O ye who believe! If an evil-liver bring you tidings, verify it, lest ye smite some folk in ignorance and afterward repent of what ye did. [AL-HUJRAAT (THE PRIVATE APARTMENTS, THE INNER APARTMENTS) Chapter 49 - Verse 6]

The Holy Prophet Mohammad (PBUH) said: The people before went astray and were ruined because if a noble person committed theft, they used to leave him but if a weak person among them committed theft, they used to inflict the legal punishment on him. By Allah, if Fatima, the daughter of Mohammad, committed theft, I will cut off her hand. (Agreed upon Hadith - Courtsey References of Hadith are from the Compilation of Imam Nuwi in RIAZ–UL-SALIHEEN).

If anyone who seeks the office of Qazi among Muslims till he gets it and his justice prevails over tyranny, will go to paradise; but the man whose tyranny prevails over justice will go to hell. (Tirmidhi and Ibn Majah).

God is with the Qadi as long as he is not tyrannical, but when he is tyrannical, He departs from him and the devil attaches himself to him. (Tirmidhi and Ibn Majah).

When people start violating trusts, you should wait for the Day of Judgement. It means when responsibilities are entrusted to those who are not worthy of trust".{Bukhari - Courtsey References of Hadith are from the Compilation of Imam Nuwi in RIAZ–UL-SALIHEEN }.

Holy Prophet Muhammad {PBUH} said: He who misappropriates the right of a Muslim by taking a false oath, Allah will make the fire of Hell expatiate for him and will declare Paradise forbidden for him. A person said to him: Messenger of Allah, even if it is something insignificant? He {PBUH} replied: Yes, even if it is the twig of the Arakk tree. {Muslim - Courtsey References of Hadith are from the Compilation of Imam Nuwi in RIAZ–UL-SALIHEEN }

"One whom I appoint to a public office must render account of everything, big or small". (Muslim - Courtsey References of Hadith are from the Compilation of Imam Nuwi in RIAZ–UL-SALIHEEN ).

The Holy Prophet Mohammad (PBUH) said: If Allah appointed anyone of you rules over a people and he died when he was still treacherous to his people, Allah would forbid his entry into Paradise. {Bukhari and Muslim - Courtsey References of Hadith are from the Compilation of Imam Nuwi in RIAZ–UL-SALIHEEN }.

The Holy Prophet Mohammad (PBUH) said: Fulfil the covenant of allegiance which is sworn first (then swear allegiance to the others). Conced to them their due rights and ask Allah for that which is due to you. Allah will call them to account in respect of the subjects whom He had entrusted them. {Bukhari and Muslim - Courtsey References of Hadith are from the Compilation of Imam Nuwi in RIAZ–UL-SALIHEEN }

The Holy Prophet Mohammad (PBUH) said: Do not long for position of authority. If you are granted this position without asking for it you will be helped in discharging its responsibilities, but if you are given it as a result of your requesting for it, you will be left alone as its captive. If you take an oath to do a thing and then find a better alternative, you should adopt the latter and expiate your oath. {Agreed Upon Hadith - Courtsey References of Hadith are from the Compilation of Imam Nuwi in RIAZ–UL-SALIHEEN}.

Abu Zarr (RA) said to The Holy Prophet Mohammad (PBUH): Why do you not appoint me a collector? He (PBUH) patted me on the shoulder and with his hand and said: Abu Zarr, you are a weak man and it is a trust and it will be a cause of disgrace and repentance on the Day of Resurrection except for one who takes it up with a full sense of responsibility and fulfils what is entrusted to him (discharge its obligations efficiently). {Muslim Courtsey References of Hadith are from the Compilation of Imam Nuwi in RIAZ–UL-SALIHEEN}.

The Holy Prophet Mohammad (PBUH) said to Abu Huraira (RA): You will be greedy for getting a position of authority, but remember that it will be a cause of humiliation and repentance on the Day of Resurrection. {Bukhari - Courtsey References of Hadith are from the Compilation of Imam Nuwi in RIAZ–UL-SALIHEEN}.

Hazrat Abu Musa Ashari (RA) said to The Holy Prophet Mohammad (PBUH): Messenger of Allah, appoint me governor of some land over which Allah gave you ruling authority. The other also requested for something to the same effect. The Messenger of Allah (PBUH) said: By Allah, do not appoint against this post anyone who seeks it and is greedy for it. {Agreed Upon Hadith - Courtsey References of Hadith are from the Compilation of Imam Nuwi in RIAZ–UL-SALIHEEN}.

When Hazrat ABU ZAR (RA) requested the Holy Prophet (PBUH) for appointment to a public office, the Prophet Mohammad (PBUH)said, "public office is a trust, a source of lamentation and remorse on the Day of Judgement".{Muslim - Courtsey References of Hadith are from the Compilation of Imam Nuwi in RIAZ–UL-SALIHEEN}.

To treat people equally in your presence in your company and in your decisions so that the weak despair not of justice and the strong have no hope of favour". {Hazrat Omer (RA)'s advisory note to Koofa (Iraq)'s Governor - Reference Ibn Khaldun/Tabari/Al Bidaya Wal Nihaya}.

Where were the above mentioned Pristine Principles of Justice and Quran and Hadith Quotation in 2006 while judging the Treason Case against Makhdoom Javed Hashmi - PML - N.


ISLAMABAD: Supreme Court has dismissed three appeals filed by PML -N president Makhdoom Javed Hashmi against his trial in jail and for his release on bail and suspension of jail term. A two members bench of apex court comprising chief justice Iftikhar Muhammad Chaudhry and justice Muhammad Nawaz Abbasi heard the case. Chief Justice observed that judiciary is independent and the supreme can in no way be pressurized in any decision. " We will give decision according to law of the land. We have to see the law. No one will be allowed to politicize the case. There is ambiguity in the arguments offered by Akram Sheikh, counsel of Makhdoom Javed Hashmi. It is in the knowledge of those who hold press conference that their statements would reach the military men as well. Earlier giving arguments, Akram Sheikh said federal government had lodged no complaint. Is there any law in place in the country under which holding the press conference in cafeteria is a crime. The apex court has taken thousands of suo motu actions on social issues. Can suo motu action not be taken with reference to an individual whose fundamental rights have been breached, he contended. Chief Justice observed that the court has to see if the appeal can be declared maintainable or otherwise. The High court verdict has also been reviewed.

Akram Sheikh told Makhdoom Javed Hashmi is in jail since October, 29, 2003 who was convicted and sentenced on April, 12, 2004. Cafeteria is part of parliament and it is legally protected. Some one had talked in upper house and action was initiated against him. Chief Justice remarked speaking in the upper house and holding press conference are two different things. Does it fall under the powers of speaker that the case should have been registered on his complaint or otherwise. Akram Sheikh submitted that national assembly had tried to explain about the constitution but no mention was made about cafeteria in the constitution. NA speaker can register case through his secretary. But he did not do so. It was a strange press conference where in no reporter was present. Defending the government, special prosecutor general Munir Ahmad argued high court had taken no wrong decision. The man who had registered FIR had entered into cafeteria with the special permission and card. 14 witnesses were presented in the trial court who proved 7 charges correct which were leveled against the accused. The trial court had awarded punishment after it. The high court had also declared the verdict of subordinate court correct . No defence witness appeared from the accused side in the court. The appeal filed by Malik Qayyum against trial in jail was also rejected. REFERENCE: SC dismisses 3 appeals of Javed Hashmi for his release on bail Tuesday October 10, 2006 (0139 PST) http://www.paktribune.com/news/index.shtml?156686

ISLAMABAD, Oct 9: Former prime minister Nawaz Sharif on Monday paid rich tribute to jailed party leader Makhdoom Javed Hashmi, saying that his name would become synonymous with courage and sacrifice in the country’s history. The PML-N leader’s statement was issued from London and released by the party’s secretariat here after Mr Hashmi’s bail appeal was rejected by the Supreme Court. The PML-N chief said that the entire nation saluted him for remaining steadfast on principles. Injustices done to Mr Hashmi were evident, even to the ‘outside world’ but “unfortunately it is not obvious to our higher judiciary”, he said. “Spirits of political workers, who have dedicated their lives for the supremacy of the constitution and democracy, cannot be subdued by such decisions,” the statement quoted him as saying. Mr Sharif said that Javed Hashmi and others, who had refused to bow before the dictatorship of Gen Musharraf, were assets for the party and society. He expressed the hope that democracy would prevail over forces of military dictatorship because of the sacrifices rendered by Mr Hashmi, adding that Pakistan would soon attain a respectable position in the comity of nations.

Javed Hashmi, PML’s acting president, is in detention for the past three years on charges of treason. Commenting on rejection of Mr Hashmi’s appeal by the Supreme Court, PML-N information secretary Ahsan Iqbal in a separate statement said that unfortunately this had shown that the judiciary had double standards. “We welcome the release of PPP leader Yusuf Raza Gillani by the judiciary, who was subjected to victimisation by the Musharraf regime, (but) in Mr Hashmi’s case the criteria changed,” he said. “Mr Hashmi is a prisoner of conscience and the whole nation feels proud of him. Such decisions will not break the resolve of the PML-N but further strengthen the will of its leaders and workers to continue the struggle for victory of constitutions and democracy in the country. This has once again demonstrated that the Musharraf regime still fears the PML-N and considers it (the main threat),” he said. REFERENCE: Nawaz criticises judiciary for rejecting Hashmi’s appeal By Our Staff Reporter October 10, 2006 Tuesday Ramazan 16, 1427 http://www.dawn.com/2006/10/10/nat2.htm


ISLAMABAD, Dec 5: The District and Sessions Judge, Islamabad, Chaudhry Asad Raza, dismissed on Friday the bail application of Alliance for Restoration of Democracy President Makhdoom Javed Hashmi and fixed Monday for regular hearing of a mutiny case against him. “By going through the record of the case, it seems the accused, prima facie has committed an offence which falls under section 124 A (Sedition) of the Pakistan Penal Code (PPC) and, therefore, cannot be granted bail,” observed the judge in his 11-page verdict. The judge said the letter the accused read out and distributed among press reporters and others seemed to be carried by him for the first time. “We will definitely challenge the decision before the high court and will avail all judicial avenues available to us to get a bail in favour of Javed Hashmi,” defence counsel Latif Khosa and Syed Zafar Ali Shah told Dawn.

The district and sessions judge also mentioned the statements of the witnesses which were produced by the prosecution and observed that an attempt was made to create a feeling to abet mutiny against the high command of the armed forces. Two witnesses, Captain Jehanzeb Zahoor and Captain Nadir Saleem, in their statements before the magistrate had stated that they felt insulted while listening to the letter being read out which instigated them for mutiny against the high command of the armed forces. Two media persons, one from daily Islam and other from the government news agency APP, who had covered the press conference, had also recorded their statements.

According to the verdict, the statement of the witnesses also showed that this letter could cause treason among the army personnel and create public disturbance, hatred against the Constitution, subvert laws of the state and disturb tranquillity in society. The issue as to from where the letter came and its veracity would also be looked into during the regular hearing of this case. About the application of Mr Hashmi, arrested on Oct 29 on the charges of issuing statements against the army, regarding the provision of A-Class in the jail, the court directed the Adyala jail authority to submit a detailed report in this regard on Dec 8 when Mr Hashmi would be produced before the court on the expiry of his judicial remand. The court also might give its decision on his application on the same date. Later, Mr Zafar Ali Shah, talking to reporters, said the decision was expected and accused the government of political victimization. He recalled that special prosecutor Munir Bhatti in the challan he presented before the court had also involved other parliamentarians in the case but only Mr Hashmi was being victimised. REFERENCE: Hashmi’s bail plea rejected By Nasir Iqbal December 6, 2003 Saturday Shawwal 11, 1424 http://www.dawn.com/2003/12/06/top13.htm


MULTAN: MMA central leader Liaqat Baloch has said MMA does not welcome government step on late release of Makhdoom Javed Hashmi enabling him to attend marriage of his daughter and demanded case be withdrawn and PML-N acting president be set free. He said this while talking to the journalists on the eve of marriage of Makhdoom Javed Hashmi`s daughter marriage. Baloch held NA speaker is custodian of house and he should have taken timely step. He did not do so nor he issued production order. Case should be withdrawn against Makhdoom Javed Hashmi and he should be released. Hamza Shahbaz son of PML-N president Shahbaz Sharif was also present on occasion but he did not talk to the journalists. JI leader Farid Ahmad Paracha said responsibility rests with the PPP-P to play its role for formation of grand alliance. The impression about deal between government and PPP-P should be dispelled. Opposition should jointly wage struggle against the dictatorship. Transparent elections can not take place under general Musharraf. Resignations from MMA are not hurdle on the way to formation of grand alliance. He told MMA supreme council will take final decision on resignations. Time has come collective campaign should be launched and resignations be tendered, he stressed. PPP-P leader Fakhar Imam said Benazir has to decide about attending the All Parties Conference (APC) convened by Nawaz Sharif or otherwise. Former president Rafiq Tarar said general Musharraf is playing the role of enemy of country. REFERENCE: Late release of Javed Hashmi on the eve of his daughter`s marriage, an unwelcome gesture: Liaqat Sunday December 24, 2006 (0215 PST) http://www.paktribune.com/news/index.shtml?164043

Contribution of Lawyers in Restoration of Democracy and in Abuse of Human Rights under Martial Law of General Musharraf from 1999 - 2008 and Absence of any kind of quotation from Quran or Hadith.

Right after the resignation of General Musharraf from the Post of the President of Pakistan, Mr. Athar Minallah the Chief Spokesman of the then defunct Defunct Chief Justice Iftikhar Mohammad Chaudhary in Private Pakistani TV Channel [AAJ], demanded Treason Trial under article 6 of 1973 Constitutiuon of Islamic Republic of Pakistan while shamelssly forgetting that Athar Minallah, also served in the Musharraf cabinet for two years. Shouln’t Mr Athar Minallah be brought to Justice as well because abetting in a crime is tantamount to committing a crime. Athar was appointed Minister for Law, Local Government, Parliamentary Affairs and Human Rights by the Provincial Government of NWFP (2000-2002) by General Musharraf Military Regime. Athar Minallah joined the prestigious Civil Service of Pakistan (CSP) and after serving for 10 years left the post of Additional Collector Customs to join the firm as a partner. Athar Minallah brings not only rich taxation experience but also valuable scholastic input. Athar completed his law degree from the International Islamic University (Islamabad) and his LLM from University of Cambridge, UK. And his areas of interest are taxation, judicial review, Athar was appointed Minister for Law, Local Government, Parliamentary Affairs and Human Rights by the Provincial Government of NWFP (2000-2002). He also was the member of the Task Force constituted by the Federal Government for revamping the Taxation regime in Pakistan. Currently he is the member of the Policy Board of Intellectual Property of Pakistan and Chairman of Alternate Dispute Resolution Committee (ADRC) for Sales Tax constituted by the Central Board of Revenue.

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The crackdown, announced late Saturday night after General Musharraf suspended the Constitution, was clearly aimed at preventing public demonstrations that political parties and lawyers were organizing for Monday. “They are showing zero tolerance for protest,” said Athar Minallah, a lawyer, and a former minister in the Musharraf government. REFERENCE: Musharraf Consolidates His Control With Arrests By JANE PERLEZ Published: November 4, 2007 http://www.nytimes.com/2007/11/04/world/asia/04cnd-pakistan.html?_r=1&hp

Asif Zardari, husband of former Prime Minister Benazir Bhutto, has waited for more than 5 years for the start of his trial on charges of killing his brother-in-law, Murtaza Bhutto in 1997. In April 1999, Zardari was tried and convicted separately on corruption charges. In December 2001 Zardari received bail but was not released; the NAB ordered his continued detention on suspicion of corruption. Despite government claims that NAB cases would be pursued independent of an individual?s political affiliation, NAB has taken a selective approach to anti-corruption efforts (see Section 1.d.). The Musharraf Government in 1999 created by ordinance the NAB and special accountability courts to try corruption cases (see Section 1.d.). The NAB was created in part to deal with as much as $4 billion (PKR 208 billion) that was estimated to be owed to the country’s banks (all of which were state-owned at the time; several have since been privatized) by debtors, primarily from among the wealthy elite. The Musharraf Government stated that it would not target genuine business failures or small defaulters and does not appear to have done so. The NAB was given broad powers to prosecute corruption cases, and the accountability courts were expected to try such cases within 30 days. As originally promulgated, the ordinance prohibited courts from granting bail and gave the NAB chairman sole power to decide if and when to release detainees. The ordinance also allowed those suspected by the State Bank of Pakistan of defaulting on government loans or of corrupt practices to be detained for 15 days without charge (renewable with judicial concurrence) and, prior to being charged, did not allow access to counsel. In accountability cases, there was a presumption of guilt, and conviction under the ordinance can result in 14 years’ imprisonment, fines, and confiscation of property. Those convicted also originally were disqualified from running for office or holding office for 10 years. In August 2000, the Government announced that persons with a court conviction would be barred from holding party office. This provision was used during the general election to prevent certain candidates from entering the contest. REFERENCE: Pakistan Country Reports on Human Rights Practices Bureau of Democracy, Human Rights, and Labor 2002 March 31, 2003 http://www.state.gov/g/drl/rls/hrrpt/2002/18314.htm

Pakistan

National Level: The Musharraf Government in 1999 created by Ordinance the NAB (National Accountability Bureau) and special accountability courts to try exclusively corruption cases. These Courts are part of the national judicial system and operate under the Chief Justices of the High Courts of Pakistan. For up-to-date statistics on the number and type of cases files, convicted and acquitted, please refer to the Appendix. The NAB was created in part to deal with as much as $4 billion (PKR 208 billion) that was estimated to be owed to the country’s banks (all of which were state-owned at the time; several have since been privatized) by debtors, primarily from among the wealthy elite. The Musharraf Government stated that it would not target genuine business failures or small defaulters and does not appear to have done so. The NAB was given broad powers to prosecute corruption cases, and the accountability courts were expected to try such cases within 30 days. As originally promulgated, the ordinance prohibited courts from granting bail and gave the NAB chairman sole power to decide if and when to release detainees. The ordinance also allowed those suspected by the State Bank of Pakistan of defaulting on government loans or of corrupt practices to be detained for 15 days without charge (renewable with judicial concurrence) and, prior to being charged, did not allow access to counsel. In accountability cases, there was a presumption of guilt, and conviction under the ordinance can result in 14 years’ imprisonment, fines, and confiscation of property. Originally, those convicted were set to disqualify from running for office or holding office for 10 years. In August 2000, the Government announced that persons with a court conviction would be barred from holding party office. This provision was applied during the general election to prevent certain candidates from entering the contest. REFERENCE: I. Special Corruption Courts in Asia http://www.u4.no/helpdesk/helpdesk/queries/query19.cfm

The new government’s principal vehicle for detaining former officials and party leaders, however, was the National Accountability Ordinance, a law ostensibly created to bring corrupt officials to account. The ordinance confers sweeping powers of arrest, investigation, and prosecution in a single institution, the National Accountability Bureau (NAB), and permits detainees to be held for up to ninety days without being brought before a court. The law was later amended to facilitate conviction by shifting the burden of proof during trial from the prosecution to the defense. There were persistent reports of ill treatment in NAB custody, particularly in the case of high profile detainees who were held early in the year in Attock Fort. Persons convicted under the ordinance were prohibited from holding public office for a period of twenty-one years. An amendment to the Political Parties Act in August also barred anyone with a court conviction from holding party office. The combined effect of these acts, as they were applied, was to eliminate the existing leadership of the major political parties. While administration officials said that parties would be allowed to participate in future elections to the Senate and national and provincial assemblies, local government elections, scheduled to be held in December, were to be conducted on a non-party basis.

The Musharraf government also suppressed political activity by conducting raids on party offices, preventing political rallies from being held, and lodging criminal cases against rally organizers under laws governing sedition and the Maintenance of Public Order (MPO) Ordinance. The sedition law, Section 124-A of the Pakistan Penal Code, criminalizes speech that “brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Central or Provincial Government established by law.” Section 16 of the Maintenance of Public Order Ordinance prohibits speech that “causes or is likely to cause fear or alarm to the public” or any section thereof, or which “furthers or is likely to further any activity prejudicial to public safety or the maintenance of public order.” Rana Sanaullah Khan, a member of the suspended Punjab provincial assembly from Sharif’s Pakistan Muslim League (PML), was arrested in Faisalabad on November 28, 1999. The arrest came after he criticized the army at a meeting of former legislators and urged his colleagues to launch a protest movement against the military government. He was tortured while in custody, and criminal charges were registered against him under the sedition law and MPO.

On March 15, the government formally curtailed freedom of association and assembly with an order banning public rallies, demonstrations, and strikes. The order’s enforcement against a procession from Lahore to Peshawar that Nawaz Sharif’s wife, Kulsoom Nawaz, had planned to lead, resulted in the arrests of at least 165 PML leaders and activists. On September 21 the ban was also invoked against 250 members of the hardline Sunni Muslim group, Sipah-e-Sahaba, who had planned a march to celebrate a religious anniversary. REFERENCE: Human Rights Developments http://www.hrw.org/legacy/wr2k1/asia/pakistan.html

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Where is the Suo Moto Notice in these Cases???? and Quotation of Quran and Hadith as well.

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A request to their lordships of the Supreme Court who just recently humbled an elected govt. The ISPR announced that whilst promotions of generals are to be ratified by the govt, it is the army chief’s prerogative to give extensions to whichever general he wills. Suo motu notice, my lords? - File photo - As an aside, a request to their lordships of the Supreme Court who have just recently humbled an elected government all ends up. The ISPR has announced that whilst promotions of generals are to be ratified by the government, it is the army chief’s very own prerogative to give extensions to whichever general he wills. Suo motu notice, my lords? For, after all, all the organs of state are to remain within their own constitutional limits. REFERENCE: Good news, bad news BY Kamran Shafi Tuesday, 23 Feb, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/columnists/13+kamran-shafi-good-news-bad-news-320-za-01


ISLAMABAD: The government has asked General Ashfaq Parvez Kayani to accept an extension in his tenure as Chief of Army Staff for another two years. The verbal offer was made to sound out General Kayani whether he would agree to or turn it down. The move has been made to ensure continuity in Pakistan’s policy on the war on terror and it also has a nod from Washington as the Army has achieved remarkable successes in the war on terror under General Kayani’s command. General Kayani has not yet given his consent and is considering this offer, it was learnt. The offer of extension has come at a time when battle lines for a second round have been drawn between the government and the judiciary. It was learnt that the Army has communicated its decision to all stakeholders that it would prefer not to be seen taking sides.


According to the sources, the extension in service cases of Chief of Army Staff General Kayani, Chief of General Staff Lt-Gen Muhammad Mustafa Khan, and DG ISI Lt-Gen Ahmad Shuja Pasha are ready to be sent to the prime minister and the president for approval. The ministry formed the recommendations on the basis of a consensus that emerged within Pakistan and outside after military’s successes in Swat, South Waziristan and other Fata areas. Although, the DG ISI has already given his consent to accept the extension, the cases of General Kayani and Lt-Gen Mustafa are still pending. Knowledgeable sources claim that General Mustafa, who retires in October this year, will accept the extension if only General Kayani decided to stay. Washington, which has already given an extension to its Centcom Chief General David Petraeus, has supported this move by Islamabad as it believes that such an extension would ensure continuity in Pakistan’s policy towards the war on terror. The decision is linked to the resolution of the ongoing confrontation between the judiciary and the government and the constitutional package that would ensure the supremacy of parliament vis-i-vis the president. The problem with Pindi establishment is that Washington is not comfortable with the perception of Zardari government’s governance style which is being equated with the corrupt Karzai administration in Kabul. “The US is not comfortable working with two corrupt administrations in two neighbouring countries which are at war with terrorists,” the sources said. The sources claimed that the establishment had no axe to grind and was making sincere but quiet efforts to play the role of a firefighter to end the confrontation between the executive and the judiciary. REFERENCE: Govt offers Kayani two-year extension By Absar Alam Sunday, February 14, 2010 http://thenews.jang.com.pk/top_story_detail.asp?Id=27249


ISLAMABAD: Chief of the Army Staff General Ashfaq Parvez Kayani, who previously extended the tenure of the corps commander, Peshawar, has now granted a one-year extension to another lieutenant general, as the DG ISI is the third in a row who is likely to be its recipient, all in a space of six months. Defence Minister Ahmed Mukhtar confirmed to The News that he and Prime Minister Gilani had been intimated about the extension to the general serving with the UN. The minister was reluctant to discuss the nitty-gritty terming it a sensitive issue. Lt-Gen Sikandar Afzal has received a one-year extension that will come into effect from March 1, the day he will retire from service. He is currently abroad serving on deputation with the United Nations Peace Mission. After commanding the peace troops in Liberia, he is now believed to be stationed in New York, United Nations’ headquarters. His official engagement abroad has been cited a reason for extension in service, a senior Army official privy to the development said. The Army chief previously granted extension to the Corps Commander Peshawar, Lt-Gen Masood Alam, in November 2009. Sikandar is now second in the row and the DG ISI Ahmad Shuja Pasha retiring on March 18 is all set to receive one-year extension in no time.

The extension in lieutenant general’s service was made the prerogative of the Army chief during Gen Zia-ul-Haq’s time when he was COAS-president. In Benazir Bhutto’s 2nd term in office, the issue again cropped up with the prime minister wanted to reclaim the lost authority of her office. But General Kakar had told Benazir Bhutto that the generals seeking extension would be running around the politicians in case the authority to do so was rested with the prime minister/president. Gen Kakar finally succeeded in retaining the authority of granting extension. However, Lt-Gen (retd) Hamid Nawaz, former secretary defence, said that the extension requires approval from the federal government and cited the example of extension to Lt-Gen Kidwai. “Granting extension is considered the prerogative of the Army chief but he sends a summary to the federal government that is rarely objected to,” he said. Same kind of views was echoed by former ISI head, Lt-Gen (retd) Hamid Gul. Another former secretary defence, Kamran Rasool, who is the only civilian, headed this ministry, when contacted, said no extension was granted during his time hence he was not aware of the rules about it. REFERENCE: Kayani gives one more extension By Umar Cheema Sunday, February 21, 2010 http://www.thenews.com.pk/top_story_detail.asp?Id=27384


ISLAMABAD: As promotions of senior officials in the Army are becoming the centre of focus in the national politics, the Pakistan Army has officially clarified that extension in services of lieutenant generals is purely the prerogative of the Army chief and does not need the federal government’s approval. Director-General Inter Services Public Relation (ISPR) Maj-Gen Athar Abbas told The News that the COAS can extend the service of any serving lieutenant-general without any ratification from the federal government. “The cases of promotion are sent to the federal government for approval, but, according to rules, there is no need to get approval in case of extension in service of a lieutenant-general,” the Army spokesman said.

This issue is being considered very important because the extension in service of any of the lieutenant generals retiring this year would have significant impact on the present seniority list. Lt-Gen Ahsan Azhar Hayat, Lt-Gen Tanvir Tahir, Lt-Gen Mohammad Ashraf Saleem and Lt-Gen Ahmad Shuja Pasha are retiring in March this year; Lt-Gen Ijaz Ahmad Baksh and Lt-Gen Nadeem Ahmed in May; and Lt-Gen Masood Aslam, Lt-Gen Shahid Iqbal, Lt-Gen Zahid Hussain and Lt-Gen Mohammad Asghar are retiring in October this year.

The ISPR chief’s statement has also raised question marks on some news reports that a summary for the extension in services of some top Army generals is being or has been sent to the Prime Minister Secretariat through the Ministry of Defence. It has also been reported that Lt-Gen Masood Aslam, Corps Commander Peshawar, was given extension last year by the COAS without any approval from the federal government. The second most important issue is the appointment of CJCSC which would definitely have an impact on the appointment of COAS. This appointment will be made six weeks prior to the appointment of the Army chief (if the PPP government does not extend the service of General Ashfaq Parvez Kayani who is retiring on November 28, 2010). The incumbent CJCSC General, Tariq Majeed, will retire on October 8, 2010. Lt-Gen (retd) Hamid Nawaz told The News that after creation of this office some thirty years back, this position was given to the services chiefs in rotation. However, during the tenures of Gen Zia and Gen Musharraf this criteria was not followed and this office remained with the Pakistan Army.

Lt-General Hamid Nawaz was of the view that this time the position should be offered to some top official of the Pak Navy or the PAF keeping in view the tradition of democratic governments in the past. This issue is being considered very important as this position could be used to manipulate the appointment of the COAS. If a junior officer is pushed up, others may be forced to retire, thus creating space for the desired officer, many analysts think. According to Lt-Gen (retd) Hamid, a major-general is retired on reaching the age of 57 while a lieutenant general is retired either on reaching the age of 58 or completing the four-year tenure, whichever comes first. He explained that if a major-general is promoted as lieutenant general at the age of 56 he will be retired after two years on becoming 58 and if he was promoted as lieutenant general at the age 52 he will stand retired after four years at the age of 56. Hamid said that the COAS is always made form the armoured, artillery or infantry corps of the Pakistan Army and lieutenant-generals from the engineering or services corps are not considered.

Following this principle and considering all lieutenant-generals who will retire this year, the seniority list will be as follows on November 28, 2010 (the date Gen Kayani will retire):

1- Lt-Gen Khalid Shameem Wynne (retiring on March 8, 2011)

2- Lt-Gen Muhammad Yousaf (retiring on March 8, 2011)

3- Lt-Gen Syed Absar Hussain (retiring on March 8, 2011—never commanded any core)

4- Lt-Gen Javed Zia (retiring on Sep 21, 2011—never commanded any core)

5- Lt-Gen Shujaat Zamir Dar (retiring on Sep 21, 2011—never commanded any core)

6- Lt-Gen Mohsin Kamal (retiring on Sep 21, 2011óhe has opted for a office job because of health issues)

7- Lt-Gen Jamil Haider (retiring on Sep 21, 2011 ñnever commanded any core)

8- Lt-Gen Nadeem Taj (retiring on Sep 21, 2011)

In case ISI chief General Pasha is given extension by the COAS, he will be on the 12th position and Chief of General Staff Lt-Gen Mustafa Khan will be on number 13 on the seniority list. According to Gen Hamid, for being a suitable candidate to become COAS, command of a corps is almost a mandatory condition. Some experts say that the present seniority list is also the result of tactical and strategically planned promotions and appointments by ex-Army chief and military dictator General Pervez Musharraf. These experts said that during Kayani’s tenure as COAS, appointments and promotions were made on merit. At the same time, they fear that any mistake by the political rulers of the country may lead to handing over the command of the Pakistan Army to someone very close to Musharraf. These experts also say that while making recommendations for the next COAS, the issue of illegal allotment of agricultural farmhouse adjacent to that of former prime minister Shaukat Aziz at Chak Shahzad, could also be considered by the relevant influential circles.

These experts say that in fact the equally important appointment will be that of CJCSC. If he is taken from the Pakistan Air Force or the Pakistan Navy as per the democratic tradition, issues could be resolved amicably. Otherwise, if some junior-lieutenant general is promoted as general to make him the CJCSC, those senior to him will have to resign keeping in view the Army norms and that could possibly open a Pandora’s box which will pave the way for political appointments. General Aslam Baig was of the view that the outgoing COAS sends a list of five senior lieutenant-generals to the federal government four months prior to his retirement, and the government can appoint anyone from this list keeping in view the criteria and cannot go beyond this list. However, Lt Gen (retd) Hamid Nawaz was of the view that the federal government had full powers only in case of appointment of the COAS, and it could appoint any of the senior lieutenant generals for the position. REFERENCE: Extensions do not need govt’s approval: Army ISPR clarifies only promotions require ratification By Ahmad Noorani Sunday, February 21, 2010 http://www.thenews.com.pk/top_story_detail.asp?Id=27383


ISLAMABAD: No three-star general either on extension or on ROR (retirement on return) will be considered either for the top slot in the Army as chief of the Army staff or for the office of chairman Joint Chiefs of Staff Committee (CJCSC) when the incumbent generals retire after serving their tenure. This was the crux of the lengthy discussion with several retired and serving senior military officers, who received with surprise speculations of putting some officers on extension or on ROR as potential candidates in the race for the new Army chief to succeed Gen Ashfaq Parvez Kayani in November or Gen Tariq Majid in early October this year. Investigations reveal there would be two seniority lists to taken by Army Chief Gen Kayani to give extension to ISI Director-General Lt-Gen Ahmed Shuja Pasha, there will be three lieutenant-generals (Lt-Gen Masood Aslam, Lt-Gen Sikandar Afzal and Lt-Gen Pasha) who would be on extension or on ROR. “Lt-Gen Sikandar Afzal, presently Force Commander UN Mission in Liberia is on ROR and as such he would be retired immediately on his return from posting abroad and he stands no chance to be considered for the two big slots of generals,” said an official source. Lt-Gen Masood Aslam, Corps Commander Peshawar, is also on extension for an unspecified period, as he was asked to continue for the sake of operation against the militants. “Lt-Gen Aslam is one of the finest soldiers in the Army and he has sacrificed a lot in the shape of Shahadat of his beloved son in an attack on a mosque located on the parade lane,” said a retired military official.

Similarly, ISI Director-General Lt-Gen Pasha, who is all set to get extension, would continue to work in the ISI, as his shifting from the ISI to command corps does not arise, and he would retire from Pakistan Army without being considered for promotion to the rank of a four-star general. Military sources say it is the exclusive right of the Army chief to give one-year extension to any three-star general. However, for any further extension the Army chief has to secure approval of the federal government. Military sources say it is not relevant who is senior at present on the seniority list of three-star generals but it is most relevant who would be the senior-most officer at the time of appointment of chairman JCSC and Army chief later this year.

They maintain seniority does not give a right to an officer for promotion to the next rank, particularly in the case of these two appointments. This constitutional right to appoint services chiefs rests with the president, though President Asif Zardari has decided in principle to endorse or accept the advice of the prime minister in all such appointments. He did it in case of appointments of naval chief and air chief and he is all set to accept the advice of the prime minister in case of appointments of Army chief and chairman JCSC. The ideal scenario, said a senior official, is that the senior-most officer with experience of both command and staff should be appointed to command Pakistan Army or get an appointment as chairman JCSC.

This unwritten rule has hardly been observed by any civil ruler. Prime Minister Nawaz Sharif appointed Gen Pervez Musharraf as Army chief by ignoring both the seniority plus the factor that by that time (October 1998) Gen Musharraf had not held a staff appointment as a three-star general, though he was holding a command position as corps commander. Similar is the case with other appointments made in the past. And the most prominent amongst others was the promotion and appointment of Gen KM Arif, who was promoted general without commanding corps. Many pre-2000 period military officers like Hameed Gul or Hamid Javed or others seem not fully aware of the importance of the Army Strategic Force Command (ASFC), its strength and above all the only factor which maintains “deterrence”, as everything is dependent on “deterrence” and the ASFC is the custodian of strategic assets of the country.

The strategic force was established after 2000 and it turned into a force which forced India at least four times in the past to pull back from the international borders. India is not feeling threatened by conventional forces, including armoured, artillery, infantry or deployment of troops but the strategic force which controls, employs and deploys strategic assets like nuclear arsenal, missiles and their operations. “This unconventional force is the real force which maintains deterrence and those commanding this force should not be matched with commander of a conventional corps,” said a former military officer. Pakistan has nine corps with two command structures. The two commands are known as strategic force command and air defence command and they have whole of Pakistan under their command, not like the corps where a commander can operate being in-charge of specified or limited/designated area in Pakistan. Coming back to seniority issue, the first appointment would be open when October 7, 2010 comes nearer with retirement of Gen Tariq Majid. By October 7, 2010, Corps Commander Quetta Lt-Gen Khaliq Shamm Wyne will be on top of the seniority list of three-star generals. He would be followed by Command Strategic Forces Lt-Gen Syed Absar Hussain (commander of only unconventional force - artillery). Javed Zia (adjutant general-infantry) will be third on the seniority list. He has not yet commanded a corps but it is expected that he would be given corps by April this year. On No 4 will be POF Chairman Lt-Gen Shujaat Zamir Dar (infantry) who has not yet commanded corps. Military Secretary Lt-Gen Mohsin Kamal (infantry) will be on No 5 position on the seniority list. He had already commanded a corps and now fully fit health-wise.

Lt-Gen Jamil Hyder (inspector-general arms-artillery) will be on No 6th, with Lt-Gen Asghar (chairman Nust-engineering), Lt-Gen Nadim Taj (Commander Gujranwala Corps-infantry), Lt-Gen Tahir (Commander Rawalpindi Corps-infantry) and Lt-Gen Shahid (Commander Karachi Corps) are at No 7th, 8th, 9th and 10th positions, respectively. Both Gen Kayani (COAS) and Gen Tariq Majid (CJCSC) were promoted as generals in early October 2007. However, Gen Kayani got command of Pakistan Army from President Gen Musharraf on November 28, 2007. It simply means Gen Kayani got around 50 additional days as a four-star general, as he assumed the office of the Army chief on November 28, 2007. REFERENCE: Generals on extension never considered for top slots By Shakeel Shaikh Tuesday, February 23, 2010 http://www.thenews.com.pk/top_story_detail.asp?Id=27441

Judiciary:

Besides NRO, Showing off is also disliked in Islam.

Instead of showing off your love for Islam and exploiting the name of Islam and name of Prophet Mohammad [PBUH] you just read two of his [PBUH] precious Hadith on Showing Off [Riyakari - Shirk Asgher - Minor Polytheism]. Let me quote a Quranic verse and Hadith on this Riya [Showoff] .

قُلْ إِنَّمَا أَنَا بَشَرٌ مِّثْلُكُمْ يُوحَى إِلَيَّ أَنَّمَا إِلَهُكُمْ إِلَهٌ وَاحِدٌ فَمَن كَانَ يَرْجُو لِقَاء رَبِّهِ فَلْيَعْمَلْ عَمَلًا صَالِحًا وَلَا يُشْرِكْ بِعِبَادَةِ رَبِّهِ أَحَدًا

Interpretation of the meaning:

Say: I am only a mortal like you. My Lord inspireth in me that your Allah is only One Allah. And whoever hopeth for the meeting with his Lord, let him do righteous work, and make none sharer of the worship due unto his Lord. [AL-KAHF (THE CAVE) Chapter 18 - Verse 110]


1 - On the authority of Abu Hurairah (May Allah be pleased with him) in a marfoo' form, the following Qudsi narration: "I am Independent of all the partners (ascribed to me). Whoever performs a deed while associating partners with Me, I will leave him and his Shirk." [Sahih Muslim]

2 - It is reported that the Prophet Mohammad (PBUH) said: "Of the things which I fear for my Ummah, the thing which I fear most is minor Shirk. Then he was asked about minor Shirk, and he said: "It is ar-riyaa.

On the authority of Abu Sa'eed Al-Khudri (ra), in a marfoo' form, it is reported: "Shall I not tell you what I fear for you more than Al-Maseeh Ad-Dajjaal?" They replied: "Yes." He (saas ) said: "It is hidden Shirk such as when a person stands in prayer and he improves his prayer when he knows that others are watching." (Narrated by Imam Ahmad)

Allah's Messenger Prophet Mohammad (PBUH) informs us in this Hadith that he worries for his Ummah and fears for them Al-Maseeh Ad-Dajjaal, but that more than this, he fears for them hidden Shirk, which is riyaa`; this is because the danger of Al-Maseeh Ad-Dajjaal is confined to a specific time, while the danger of riyaa` is present at all times and in all places and because riyaa` is hidden and its power of seduction is great and it is difficult to free oneself from its grip. In addition, it leads to showy, ostentatious behaviour, self-glorification, self-promotion, all of which appeal to the weaknesses in man.

3 - On the authority of Abu Hurayrah (May Allah be pleased with him), who said: I heard the Messenger of Allah, Prophet Mohammad (PBUH) say:

The first of people against whom judgment will be pronounced on the Day of Resurrection will be a man who died a martyr. He will be brought and Allah will make known to him His favours and he will recognize them. [ The Almighty] will say: And what did you do about them? He will say: I fought for you until I died a martyr. He will say: You have lied - you did but fight that it might be said [of you]: He is courageous. And so it was said. Then he will be ordered to be dragged along on his face until he is cast into Hell-fire. [Another] will be a man who has studied [religious] knowledge and has taught it and who used to recite the Quran. He will be brought and Allah will make known to his His favours and he will recognize them. [The Almighty] will say: And what did you do about them? He will say: I studied [religious] knowledge and I taught it and I recited the Quran for Your sake. He will say: You have lied - you did but study [religious] knowledge that it might be said [of you]: He is learned. And you recited the Quran that it might be said [of you]: He is a reciter. And so it was said. Then he will be ordered to be dragged along on his face until he is cast into Hell-fire. [Another] will be a man whom Allah had made rich and to whom He had given all kinds of wealth. He will be brought and Allah will make known to his His favours and he will recognize them. [The Almighty] will say: And what did you do about them? He will say: I left no path [untrodden] in which You like money to be spent without spending in it for Your sake. He will say: You have lied - you did but do so that it might be said [of you]: He is open-handed. And so it was said. Then he will be ordered to be dragged along on his face until he is cast into Hell-fire. [Muslim, Tirmidhi and Nasa'i]

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