UK Lawyers Condemn blasts at political procession of former Prime Minister BE Nazir Bhuttoo
Association of Pakistani Lawyers a team of Pakistani origin lawyers, Solicitors, Barristers, Judges in UK jointly condemn the blasts of 27 Dec 2007 during a political procession of former Prime Minister of Pakistan which took her life and they have jointly expressed their condolences to her family and to the families of the people who have lost their lives and expressed sympathies with those who are injured. They demanded from Govt of the day to provide free medical aid to all of them indiscriminately. APL demanded that the Musharraf run Govt’s caretaker or otherwise have failed to ensure law an order situation on this expected heavy turn out day and now the time has come that heads must roll and they must resign from their posts pending judicial enquiry as this is the Fourth major incident after the Nishtar Park blast, and 12th May Massacre, fatal disruption during Ms. Bhutto’s arrival in Karachi ON 18TH Oct and now her death which calls for immediate action.
APL demands that SC appoints a judicial enquiry which is time barred and brings those to account and justice who have violated the law of the land as governmental enquiry will be a pointless exercise as we have seen on last 2 occasions.
APL further condemn the deteriorating law an order situation in Pakistan as a result of which situation like 12 May 07 is seen almost every other day in Pakistan and The government of the day must show political will to promote some integrity and tolerance to bear the voice of opposition which is their democratic right as they claim in their enlightened moderation charter and as it was the election year, level playing filed should have been ensured to two top political parties of the country which must be considered as a national asset.
APL further calls for a broad based national reconciliation where all parties are truly represented to ensure initiation an open and frank public discussion in the supreme national interest with all political parties at a round table ensuring unconditional presence of all leaders to discuss how an exit of military from national politics can be practically made possible and how a fair and transparent elections can be held in Pakistan or how a national government can be formed forthwith. Those consultations may discuss the mechanism of inducting an independent and reliable care taker set along with powerful election commissioner who will impartially hold elections which appears to be and are in fact transparent and fair. Those consultation with all parties will also discuss as to how the independence of judiciary can be secured as only a fair and independent judiciary can guarantee holding of a fair election(s) in Pakistan.
APL further demands that Nawaz Sharif’s life is in immediate danger now and he must be protected in order to safeguard the Federation and he is provided the top security for his travelling forthwith.
APL hopes that Lawyers, media and Civil society’s contribution is fruitful to bring Pakistan out of this crisis to save the federation and country from imminent dangers.
APL members show solidarity with all the supporters, members and workers of PPP on the sudden loss of their leader and prays that her soul rests in eternal peace.
Amjad Malik, MA, LLM
Solicitor-Advocate of the Supreme Court of England & Life Member SCBA (Pakistan)
Vice Chair Association of Pakistani Lawyers (UK)
149a DRAKE STREET
ROCHDALE, OL11 1EF
TEL: 00 44 1706 346 011
FAX: 00 44 1706 346012
MOBILE: 00 44 7770 983308
EMAIL: APLRochdale@aol.com
27 December 2007
‘Sacrifice is in the air’ By: Amjad Malik MA, LLM
Sacrifice spirit is in the air whilst Muslims of the World are remembering the episode of prophet Ibrahim Khalil Ullah and the obedience of his son Ismail which is celebrated with the similar enthusiasm even after thousands of years. It also entails the sacrifice of Jesus Christ who lay down his life in order to reduce the sufferings and miseries of his disciples and was nailed at a cross by his opponents in command and Jesus left a message of tolerance and forbearance which is remembered by over a billion Christians whilst they celebrate his birthday on Christmas day on the 25th December. There is an other sacrifice where around 70 members of a clan fight the invasion of a tyrant and lay down their lives in order to make a political point that right may be a little in numbers but wins in the end, no other than the sacrifice of the Imam Hussain a grandson of Prophet Muhammad (PBUH) who at no point allowed his family to come in the way of the drive to take his grandfather’s religion Islam to the heights of glory. And with that sacrifice the martyrs are remembered with zeal and fervour whilst cursing the Yazeed the oppressor. If we look around similar battles are on going in our surroundings, in our hearts and minds and in the streets all around and this is the time that the message of those sacrifices is remembered and the wisdom of those is appreciated befittingly.
What have we learnt from the sacrifices made by those Prophets as well as their families is noteworthy. Today’s man is moving away from the morals and teachings of religion forgetting the lessons projected by those losses and sacrifices where those who laid down their lives for the sake of their cause whether it is Jesus Christ, or Imam Hussain. Irony is that their followers who are in billions have yet to remember the goodness those episodes preach. 25th December is the time of quick reminder looking at the whole globe the message brought by those messengers of goodwill, peace and tranquillity to each other and man’s rights and responsibilities above than their religious divisions. To Islamic faith your neighbour must not remain hungry whilst you are eating mouth full as well as the message of Christianity about sin of over eating (gluttony) and simplicity and tolerance. If we look around that message is fading away, people are dying every day of hunger in the neighbouring countries of wealthy clans of few and we bothered. Are we concerned that the distribution level of wealth is touching the highest of discriminatory levels and poor is getting poorer and rich is growing richer. In Iraq thousands have died, so as in Afghanistan. Burmese are fighting for their basic rights where as Palestinians are at war with their powerful neighbours despite both believes in the basic human rights whether its Quran or Tenth Commandments. On one hand Hitler in this century killed scores of innocent uninvolved and on the other hand modern day hitters are searching their victims to slain them on their swords and the message of sacrifice and tolerance and forbearance of those is fading away in those gun shots, tanks and military build ups and invasions.
To me, its very easy to ruin a country with gun power however it is mega difficult to build that country into a peaceful progressive society. As the time of Eid is passing bye and Christmas is in the air I for once am remembering those sacrifices and those detained in Guantanamo Bay without legal advice and representations becoming a victim of torture or those innocent until proven guilty accused who are missing in Europe or Asia and are tortured on the name of War against Terror and the bleak picture of human rights in 21st century in Pakistan and the detained judges of Pakistan, the incarcerated lawyers and gagged media and missile attacks in northern front of the country which forces me to question the wisdom of today’s rulers whether they have learnt any lesson from the struggles of the past for the right cause. I further wish to highlight that the dual between good and bad is a never ending story but history remembers those who make an impact at the time of conflict and try to preach commonsense and keep giving sermons of righteousness and hit the nail aright in order to secure harmony peace and happiness or keep their flags high of their cause despite being in weaker minority against the might. Those who are on right can never be defeated and irony is only the historian decides who was at right by assessing from the scale of repentance afterwards and the support of masses.
This December when billions are remembering the sacrifices of Ibrahim, Hussain and Jesus Christ, we are right in demanding justice and fair play from the ancient civilisation flag bearers and from the modern super powers that not to forget those sacrifices of their ancestors for the right cause and their message of peace, goodwill for man kind and tolerance for others and the rulers must try to preserve that message which is far more grater than invading at will.
Amjad Malik is a Solicitor-Advocate of the Supreme Court of England
25 December 2007
http://icssa.org/article_detail_parse.php?a_id=1238&rel=
http://www.thepost.com.pk/OpinionNews.aspx?dtlid=135599&catid=11
http://www.paktribune.com/news/index.shtml?195833
‘Overseas Pakistanis and Their Realigned Targets’ By: Amjad Malik
Overseas Pakistanis rightly raised voice for effective return of two exiled premiers to Pakistan and now the time has come for this minority in Pakistan to rethink and avoid further division at foreign lands. Pakistanis are Pakistanis whichever shape, form and colour they are and due to existing geographical and ethnic cosmopolitan diversity, there is a little room to further alienate them by painting them as pro PPP, PML or Islamic parties Pakistanis and it may not be ideal that Overseas community link sending their remittances only once the party of their choice forms the government. Having said that it was just and fair to continue to supporting civil society, media, lawyers & Pakistani politicians drive for democracy and for restoration of Constitution by lifting emergency once the politics was in exile, and the struggle was justified to assist the return of their beloved leaders to their homeland to continue their politics at home soil but time has come that now the exiled have returned and Constitution is going to be restored along with an electoral schedule, the Overseas Pakistanis return to their original cause too and contribute in making Pakistan standing in the community of nations as a vibrant, progressive, tolerant and democratic state with rule of law & justice with free and responsible media as its salient features. That’s the dream our founding father Barrister Mr. Jinnah saw for the Muslims of subcontinent.
Over 8 million overseas Pakistanis have a major role to play in the development of the country of their origin. They must take part in local political parties and increase their representation in all houses of parliaments and civic centre’s so that their local problems of employment, discrimination, housing, education and fair representation can be raised at the highest level. It will also help their country of origin too if they are stronger in those houses of Parliament in the time of need as was the case on 8th of October 2005 when an earthquake wiped many lives in Kashmir and Balakot and British Pakistani members of Parliament assisted UK Government to raise their aid & assistance from Lakhs to millions. With the population they have in UK alone, the average seats in Parliament could be over 25 which currently stands at around 5 though the figure is very high as far as Jewish population is concerned though they are little in numbers as compared with us. Secondly, Indian, Chinese and Jewish community do not have their party representations in overseas though all 3 communities too rely on the assistance of their overseas brain economically and intellectually and the level of nationalism is very high in them too. OP’s must take part in activities of OPF (Overseas Pakistani foundation) Pakistan Society, Pakistan welfare Association and all charitable organisations to contribute in society here and abroad positively.
Overseas Pakistanis who send billions of dollars and pounds in foreign exchange to economically aid their country of origin face numerous problems when they live abroad and attempt to visit Pakistan such as Passport renewals, visa & Immigration, airline facility and ticketing problems, buying & selling land and its transfers & following illegal possessions, Vote Registration & and repatriation dreams. They always consider returning home for their old age at some point of their life but feel unwelcomed by the bureaucratic chain. That trend needs to be changed along with fuller cooperation from consulates and High Commissions truly making them public servants thus engaging the indigenous community irrespective of their views and encouraging them on shared objectives and giving them listening ears to their problems. Currently opposite view is non existent in our missions abroad, and either you are with us or you are also non existent to them. Criticism to bring about positive change is a sign of healthy society and that positive feed back needs to be given frequently on services, image building and relations with host country and the idea of target based performance needs to be encouraged at all levels.
However, all this requires a political package too, and over 8 million (8,000,000) Overseas Pakistanis abroad and in particular around 1 million (1,000,000) in UK ( should be given a voice at the highest levels & forums, to start with a right to vote & designated seats in both houses of Parliament which will prevent them from indulging in politics back home and it will allow them to concentrate on feeding in their healthy suggestions & representations to their designated representatives who are of Pakistani origin in the houses of Parliament as their chosen, designated or specially appointed representatives as is the case in many countries and in particular the formula successfully working in Azad Kashmir.
British overseas citizens enjoy a right of vote which they exercised by post for many years from Hong Kong, Australia & Europe. Overseas Pakistanis enjoyed their right to vote in the Presidential referendum too in 2002 through foreign missions. Representation at Parliament will bring diversity blending it with mixture of knowledge, skill and public voice from overseas as Pakistanis abroad are hard working and value their motherland often more than their counterparts. In 2002, Musharraf Govt. gave women their rightful share in the makeup of national assembly and now is the turn for Pakistani population abroad whose financial contribution in Pakistan’s development is without doubt the biggest in respect of foreign remittances. This will change colour and atmosphere of national assembly and will encourage ex patriots to contribute in national politics through a proper channel rather than indulging in national politics sitting abroad. Overseas Pakistanis should also be given due representation opportunity on the representational board of Overseas Pakistanis Foundation (OPF) and they should be accommodated as non executive directors of OPF and members of council of OPF too. This way they could truly bring in their first hand experience to the knowledge of OPF and Overseas Ministries with their experience from their respective country and geographical location as problems faced by an overseas Pakistani in gulf is quite opposite to the issues confronted by OP’s in Western World and only opportunity to be represented at those legislative forums could be the way out to address their multi dimension problems and allow to make those bodies truly representational & functional which will help overseas Pakistanis to make proper representations on matters of mutual concerns to the right people at right forums which at the moment goes under the carpet.
Overseas Pakistanis are dying to contribute in their country of origin from investment to increasing commercial exports and from tourism attraction to building the image of Pakistan around the globe along with contributing financially but a befitting response is necessary to allow this one way traffic of love to make it dual carriage way as since 9/11 Pakistanis abroad despite all hardships continued supporting their homeland and are waiting for an affectionate hand on their shoulder by elders of state saying ‘well done’.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and Vice Chair of Association of Pakistani Lawyers (UK). 10 December 2007
http://icssa.org/article_detail_parse.php?a_id=1230&rel=1224,1220,1218,1217
http://www.paktribune.com/news/index.shtml?195508
http://www.thepost.com.pk/OpinionNews.aspx?dtlid=134820&catid=11
http://www.pakistanweekly.com/Opinion8.html
http://www.pakistanthinktank.org/default.php/p/articles/pk/927
‘Judges Denial is an asset for state’ By: Amjad Malik MA, LLM
On 3 November 2007, 70 odd judges of the superior judiciary of Pakistan showed mussels and risking their livelihood, bread and butter and liberty refused to bear allegiance to the outgoing General of Pakistan whilst they were considering an important decision as to whether a man with the gun can participate in elections for the top slot as head of a state of Pakistan. Those judges have shown courOn 3 November 2007, 70 odd judges of the superior judiciary of Pakistan showed mussels and risking their livelihood, bread and butter and liberty refused to bear allegiance to the outgoing General of Pakistan whilst they were considering an important decision as to whether a man with the gun can participate in elections for the top slot as head of a state of Pakistan. Those judges have shown courage and wisdom to curb the norm of military run democracy and all now rests on the politicians to translate the voice of the civil society, media and judiciary into action. They must not compromise this sacrifice on the altar of politics. If they can achieve that goal of establishing the rule of law and restore basic democratic rights of people to choose where independent judiciary monitor and media operates freely, then i congratulate the nation of 160 million people that those will be the last days of military intervention in Pakistani politics.
Alas that stance is yet divided and if politicians promote and shelter the law of necessity in political classes now, then no judge in future will ever risk losing the perks and luxury by refusing to accommodate the law of necessity which we claim a lot to have buried with every going decision in Supreme Court. I agree that no one has the ultimate key to solve the crisis we are in, but everyone agrees that elections under emergency are virtually impossible where media is gagged and highest judicial officers are in detention and most of the mobile lawyers are incarcerated. Election is an expression of free will as to who should govern on the name of people as they desire and in the circumstances where the will of masses is terrorised, bulldozed and detained, it’s difficult to get the feeling of fairness. I must say that return of exiled is a good omen for Pakistani politics but time is ripe than opening back door channels of secret negotiations with any one particular party and damaging the system further, military leader must initiate open and transparent public discussion in the supreme national interest with all political parties at a round table ensuring presence of all heads of parties to discuss how a credible free and fair elections can possibly be held which meets minimum international standards.
Those consultations may discuss the mechanism of inducting an independent and reliable care taker set up possibly non PCO judges along with powerful election commissioner who will impartially hold elections. At present the set up consists of a major component of people with aspirations and sympathies with pro General faction except one or two, and above all the activities of the so called Attorney General must be stopped at once who is damaging the system further with his dark tricks almost every other day. I think judges issue is very simple to resolve by inviting them all to take oath under 1973 Constitution which is an easy solution which do not require any amendments in laws and as the judge’s will is not known when they are detained but it is only visible from their judgements. I must say all judges who reach to that higher court are good judges who have spent their life time in practising and preserving rule of law and we must preserve them too, and we should not waste them as they are our honour, pride and an asset of the country. The top minds of our state needs consultation with all political parties as to how the independence of judiciary can be secured as currently the ruler’s actions negates his claims that he believes in justice, fair play and free media.
Only a fair and independent judiciary can guarantee holding of a fair election(s) in Pakistan. These elections can’t be held fairly if the head of judiciary on one day is begging justice in his own court, and the other day he is detained in his bungalow with his family and other colleagues. What a picture the regime is showing the whole world of the state of play at judicial front, and the humiliation the masses feel over this issue is visible from their wider condemnation. These suggested actions are not imminent and may not happen at all as our leadership lack political will and have no roots as well as wisdom which needs to solve the crisis they are they are following the advice of already condemned in every nook and corner.
The sane advice is to preserve what is left as we all are Pakistanis and ever one is amongst us, let’s not demolish what we have built ourselves and let us not make our country a joke here and abroad in every one’s eyes. I am pretty shocked when one of the Indian Doctor friend said the other day, ‘feel free, now we will not attack you’, i asked why is that, he replied, ‘we do not need to, as you will die fighting yourselves’. That is an eye opener. The regime and all the stalwarts must realise the tenacity of the situation we are in, and our responsibility towards state requires our firm action and a word for outgoing General Sahib is if Pakistan is first, then why are we so scared of taking to each other, and why Pakistani media, Pakistani lawyers and human rights activists, Pakistani judges and Pakistan as a state is hostage to the will of one man, the nation needs an answer, sir? And why these fat cat advisors are not telling you the truth that the time is up.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a life member of Supreme Court Bar Association as well as Vice Chair of Association of Pakistani Lawyers (UK).
27 November 2007
http://icssa.org/article_detail_parse.php?a_id=1222&rel=1218,1217,1211,1208
http://www.thepost.com.pk/OpinionNews.aspx?dtlid=133672&catid=11
http://free-pakistan.blogspot.com/2007/11/judges-denial-is-asset-for-state.html
http://www.pakistanthinktank.org/default.php/p/articles/pk/905
http://www.makepakistanbetter.com/Why_how_what_forum.asp?PageNo=&GroupID=5&ArticleID=1819
http://www.pakistanweekly.com/Opinion8.html
http://www.pmln.org.pk/news_detail.php?id=940
http://www.pridenews.co.uk/eng.story.php?b=L2VuZy5uZXdzLmNhdGUucGhwP2NhdGVJR
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Pakistan’s Crossroads & Role of Lawyer Community in UK By: Amjad Mlaik MA, LLM
As Pakistan celebrated 60 years of independence, Amjad Malik says that Pakistani lawyers, judiciary and media has a key role to play in restoring the rule of law in the country post 9 March 2007. More than a million Pakistani people have settled in the UK since the country’s creation 60 years ago this week, creating a unique relationship between the two nations.
However, Pakistan has struggled to establish itself for various reasons, such as the death of its founder Mohammad Ali Jinnah (who was called to the bar at Lincoln’s Inn) shortly after partition, as well as poor infrastructure and a lack of political and economic stability in its early life. Nearly four of its six decades of life have seen military regimes. Pakistan’s parliament is still struggling with other institutions for its sovereignty, while the judiciary and media are both fighting hard to come out of the strong grip of military rulers.
In recent years, the UK and Pakistan have signed bilateral agreements and protocols to promote co-operation in various sectors. In particular, in 2003 the respective judiciaries signed a memorandum of understanding to tackle child abduction. This also promoted better standards in Pakistan’s legal profession. During last few years lawyers have also extended their visits to each other societies in order to foster relations and promote good will.
Then came 9 March this year, when Pakistan’s military ruler, General Pervez Musharraf, tried to subdue the Chief Justice, Iftikhar Mohammed Chaudhry, by suspending him from judicial work, incarcerating him and making him incommunicado, along with his family, without counsel. The legal fraternity stood up for him and that single judge conquered the hearts and minds of the Pakistani people. Even The Times, in an editorial in March entitled ‘Judicial Error’, said General Musharraf should reinstate the judge. ‘Good generals know when to retreat,’ it declared. I wrote to General Musharraf in March, arguing that the procedure adopted gave rise to serious questions of impropriety and of whether the Chief Justice could ever have a fair hearing. The Chief Justice resorted to the courts and eventually petitioned for justice in his own court. On 20 July, a Supreme Court bench of 13 judges quashed the decision and restored the Chief Justice to his old position.
Other recent events in Pakistan, including the 12 May massacre in Karachi when the Chief Justice was due to address the Karachi Bar Association, military operations at the Red Mosque in Islamabad, and a sharp increase in suicide attacks, prompt serious questions of the ever-growing threat of radicalisation in Pakistani society and the ever-widening gulf between liberals and theologians, trends which can also be seen in the UK. Then came 3rd of November where military man lost sight of all he did in the last 8 years and with a twitch of a hand vetoed his own asset, I leave that to the historians to judge him for either his dictatorial actions or his intended prosperity, but one thing is clear that his advisors took him to dead end as famously quoted President Nixon on the importance of the quality of aides. I believe simple democracy with justice can solve half of the problems in Pakistan. In the whole power struggle, the common man is suffering and middle class conservatives are losing ground. The west must play its role to ensure free and fair elections in Pakistan under a credible caretaker, together with a powerful election commissioner and independent monitors. The sooner the nuclear-armed Pakistan returns to normality, the better it will be for the rest of the world. The fear is that radicalisation may increase while the military runs the country, as it makes compromises with hardliners to make up for its lack of legitimacy. Only a civilian set-up can absorb these radical ideas, by addressing political issues through dialogue and stopping them from multiplying.
As a frontline state in the ‘War against terror’, Pakistan is a key country that needs the attention of the west as well as its own masters ‘military rulers’. The historic judgment of 20 July is potentially a turning point in the country’s short history – Pakistan’s leaders are now at a crossroads. The western world, along with Pakistani lawyers, judges, civil society and media have a very important role to play to return Pakistan a country akin to a ‘dream come true’ to a democracy where the rule of law, rather than military rule, holds sway. Pakistani lawyers abroad share their brethren lawyers in their struggle for rule of law, independent judiciary, justice and democracy and above all supremacy of 1973 constitution in Pakistan.
Amjad Malik, MA, LLM, is a Solicitor-Advocate Supreme Court and is a Vice chairman of the Association of Pakistani Lawyers (UK)
Worldwide Condemnation of Blocking Transmission
Association of Pakistani Lawyers a team of Pakistani origin lawyers, Solicitors, Barristers, Judges in UK jointly condemn blocking the transmission of Private Channels in particular GEO, ARY Digital and some current affairs of AAJ TV in the wake of recent imposition of emergency in Pakistan on 3rd November 2007 and we jointly declare it an attack on the institution of media which is undoubtedly 4th pillar of state of Pakistan. Media freedom is enshrined in the constitution of Pakistan. Article 19 of the Constitution of Pakistan 1973 protects such rights. It says as following,
| “19. | Freedom of speech, etc. Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court,[15][commission of] or incitement to an offence.” |
Freedom of all citizens enshrined in the Constitution must be restored and right to have update information and right to know is also a basic right of citizens especially when the world is knit into a global village and there are over 8 million Pakistanis living abroad as winning hearts and minds must be a motto of any state functionaries and Govt must not divert people to apathy and hopelessness. Ensure free press and electronic media freedom as in Pakistan education rate is so low that only this sort of media revolution can assist to form public opinion to vote in free polls to rid the politics of the sleazy and feudal mind set, freedom of movement as well as intellectual stimulation must be preserved and ensured which is a pre requisite to national development.
APL has the following request to make to the Western World: APL requests the United Nations, European Union, United States, Commonwealth, United Kingdom, Amnesty, Human Rights Watch, and all other international and national governmental and non governmental organizations to take notice of detained Supreme Court judges, lawyers, human rights activists and the gagging orders against electronic media and impress upon General Musharraf to lift all sanctions on the operation of constitution and restore civil rights, media freedom and liberty plus normalcy in the country, release all detained before, on or after 3rd November and allow the Supreme Court to function in accordance with the law and constitution. If they fail to make it clear strongly, we may miss the opportunity to have rule of law, justice and democracy in Pakistan for a long period to come therefore restoring the operation of constitution and law is prima facie matter of great importance for the people of Pakistan and if Western World is serious about democracy in that part of the world than befitting action is needed not a lip service and cosmetic statements. Lifting emergency is of utmost importance to allow people to make a fair choice in coming days.
We all demand that the transmission is restored at once and allow the media to broadcast its transmission to common masses in particular on the issue of current affairs in order to update common man the state of play and opposite view freely because of sensitivity of common man attached to it of course with responsibility and dedication. Government may impose lawful restrictions on dissemination of information as well as may set up a body to adjudicate any complaints against any network however shutting down or influencing other states to shut down any net work will be a grave mistake in the 21st century. We all hope that media contribution is fruitful to bring Pakistan out of this constitutional quagmire, and common man’s voice goes with the networks who are under fire and we hope it reaches to those rulers who make decision(s) to listen to it and act accordingly.
Signed
Mohd. Rafiq
Chair Association of Pakistani Lawyers (UK)
Amjad Malik, MA, LLM
Solicitor-Advocate of the Supreme Court of England
Vice Chair Association of Pakistani Lawyers (UK)
Ilyas Gondal
Permanent SecretaryAssociation of Pakistani Lawyers (UK)
Office Address
149a DRAKE STREET
ROCHDALE
OL11 1EF
TEL: 00 44 1706 346 011
FAX: 00 44 1706 346012
MOBILE: 00 44 7770 983308
EMAIL: APLRochdale@aol.com
16 November 2007
‘MAN IS IN CRISIS’ By: Amjad Malik MA, LLM
Recent events in Pakistan post 3rd November 2007 clearly depicts a picture that we as a nation has failed to manipulate political exit of military dictators from our civilian set up even after 4 trials and Alas we will not be able to use General Pervez Musharraf’s 8 years experience of dealing with West in the national interest of Pakistan and its all due to his rigid realisation that he is indispensable. Hidden powers did the same with Ayub Khan, Bhuttoo, Zia and Sharif as they were taken off the scene when they were needed the most and now history is repeating itself. Most of the blame goes to the man himself as when he was powerful he refused to sit with his dire opponent, and bluntly refused to allow his entry risking even contempt proceedings and seeing media hostility in West towards him, it seems that the product he was successfully selling to the West that he is the only man to curb extremism in the region and can contribute heavily in their ‘war on terrorism,’ that product has found new salesmen. He is getting old, and his own disciples and allies are not willing to trust and bear with him and the irony is that in last 60 years and after 4 major coups we could not draw an exit strategy.
Pakistani nation amongst a few in the history of modern times who witnesses helplessly the character assassination and political demise of any potential rising leader at the hands of the dictators of its time with foreign aid without any judicial oversight . When popular leadership is politically assassinated then we are left without a voice. Pakistan is seriously suffering from a vacuum. Empty floor is occupied by scoundrels who can bargain on anything and have no morals and principles and no love for the country. Pakistan is seriously a victim of lawless clan of a few who do not understand the language of law. Might is right is their motto and oppression is their answer. In these circumstances democracy, free judiciary, political wise leadership, free media and accountability is a dream which may never come true.
Our political clan has not shown ‘whiter than white’ philosophy either and lust for money, greed for power and intolerance for others have damaged the original principle. Autocracy has not confined to one particular institution and or party it has become a common phenomenon in our mind set. Time has come to change our course and call for a public accountability. This nation is not a private land of any one particular individual, group, class and or party. This land of pure is a shelter for all classes, cultures and safety zone for all languages and geographical heritage on top of that it has a scared role of leading and assisting the Muslim community of nations by preserving its own. Unjust society kills its own children like a rattled snake eats its own eggs. If our countrymen does not realise at this juncture the need of justice then we will be very soon out of league even to think comparing with our arch enemy India whose system of governance is strong and judiciary is independent coupled with free press and common man is confident of its system. Self accountability is a noble cause for nations who believe in truth, rule of law and justice.
We have still time to recover from the steps which have taken our all time popular in the West military man which is leading him towards a dead end. All segment of the society has been made his enemy by a planned and coercive well thought strategy & advice and he himself is at the verge of ruining what he built in last 8 years, free media and enlightened and moderate society. Now the society is awake and he wishes them to go to sleep. Let historians judge his good and bad but General sahib, before its too late, restore the constitution, revive the credible political process, restore the dignity of judiciary, lift the state of emergency and allow the people of Pakistan a right to choose their representatives under the scrutiny of free press and media and give equal playing field to all political components. If you leave it a little later, the new salesmen are ready to sell your product which you sold successfully for long 8 years with a different package and in that case state may suffer a huge blow and the damage will always be written in your account books by critics. The new cover and the new slogan to return Pakistan to a viable state where all institutions are intact so as nuclear programme as a product is ready to be sold to the West by the new sellers, can he save this situation is a million dollar question. The lesson of history is that we do not learn any lesson from it and same applies to the current ruler who must try to listen as Rome is burning.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England)
14 November 2007
Emergency in Pakistan
Emergency in Pakistan
APL Resolution 10 Nov 2007
UK Lawyers jointly demand restoration of 1973 constitution forthwith by lifting emergency & gagging orders against media and restoration of civil rights and release of lawyers, judges and all those who are detained in the wake of 3rd November 2007 action.
Association of Pakistani Lawyers a team of Pakistani origin lawyers, Solicitors, Barristers, Judges in UK jointly condemn imposition of emergency rule as well as suspension of the operation of Constitution of Pakistan 1973 by Chief of Army Staff and his collaborating executive force in Pakistan.APL had convened its emergency meeting of its executive on 6 November and issued a statement and The Executive Council approved the joint statement where APL have strongly protested against the curtailment of fundamental rights, the curbs on electronic and print media, attacks on independence of Judiciary, suspension of Constitution of 1973, arrests of judges, lawyers, human right activist and teachers and the Martial Law which has been imposed by General Musharraf as the Chief of Army Staff.
APL make following demands of Musharraf regime by a resolution in their 10th of November meeting:
1. APL demands that emergency is lifted at once and operation of constitution is restored forthwith by restoring the function of SC with effect of 3rd Nov 2007 and PCO is withdrawn forthwith.
2. APL whilst welcoming the announcement of regime to hold elections before 15th of February 2007, APL demands that the military regime at once resort to civilian set up and Gen Musharraf separates his office from the office of the Chief of Army Staff as his promise and desires of the nation by taking his uniform off before the deadline of 15 Nov 2007 and giving charge to the Vice chief , and announce date of elections as per schedule, and appoint a neutral care set up to hold free and fair elections with consultation of all political parties.
3. APL declares that extremism can not be tackled with a derailed political process. There must be a full scale revival of a credible political process and as the current parliament comes to an end on 15th of November therefore a broad band national reconciliation must be initiated genuinely. National Govt is formed as an interim care taker set up including Nawaz Sharif, Be Nazir Bhuttoo, Fazal Rehman, Qazi Hussain Ahmed, Imran Khan, Shujat Hussain, Altaf Hussain, Justice Wajihuddin Ahmed, Asfand Yar Wali, and Mehmood Khan Achakzai and they hold a broad band national reconciliation and take recommendation of all the stake holders as to how a credible election can take place. A date is announced of fresh general elections after that constitution & recommendations . Provincial care taker set ups and new chief election commissioner is appointed with consultation of all parties to hold free and fair elections forthwith within the time frame.
4. Freedom of all citizens enshrined in the Constitution must be restored along with the 1973 Constitution as winning hearts and minds must be a motto and govt must not to divert people to apathy and hopelessness. Ensure free press and electronic media freedom as in Pakistan education rate is so low that only this sort of media revolution can assist to form public opinion to vote in free polls to rid the politics of the dirty sleazy and feudal mind set, freedom of movement as well as intellectual stimulation must be preserved and ensured which is a pre requisite to national development.
5. APL has the following request to make to the Western World: APL requests the United Nations, European Union, United States, Commonwealth, United Kingdom, Amnesty, Human Rights Watch, and all other international and national governmental and non governmental organizations to take notice of detained Supreme Court judges, lawyers, human rights activists and the gagging orders against electronic media and impress upon General Musharraf to lift all sanctions on the operation of constitution and restore civil rights, media freedom and liberty plus normalcy in the country, release all detained before, on or after 3rd November and allow the Supreme Court to function in accordance with the law and constitution. If they fail to make it clear strongly, we may miss the opportunity to have rule of law, justice and democracy in Pakistan for a long period to come therefore restoring the operation of constitution and law is prima facie matter of great importance for the people of Pakistan and if Western World is serious about democracy in that part of the world than befitting action is needed not a lip service and cosmetic statements. Lifting emergency is of utmost importance to allow people to make a fair choice in coming days.6. APL also discussed the situation in respect of forthcoming 12 th of Nov meeting of CMAG and jointly agreed that Commonwealth must not penalise Pakistani people in their 12th of November 2007 meeting by suspending the state as a member as suspension will have far reaching consequences for overseas Pakistanis but CMAG must ensure tight deadlines on undertakings to restore constitution, lifting sanctions on media, emergency, release of judges, free and fair elections and separating the office of the President from that of the office of COAS and emphasis must be placed on tight deadlines for actions towards the above requested actions from regime.
APL held a peaceful meeting of its executive & council on 10 November 2007 at APL Chambers to protest and made these representations to assist their fellow colleagues to restore rule of law, justice and operation of constitution in Pakistan.
APL commended the Supreme Court Bar Association delegation who were scheduled to attend this seminar already arranged and could not attend this event due to their detention. APL commended their work during Chief Justice’s struggle for independence of judiciary and gave a certificate of appreciation to the President of SCBA as well as those members of delegation who could not attend due to their detention.
Their names are as following:
1. Mr. Sahibzada Anwar Hamid
Vice President -2006-2007, Supreme Court Bar Association (Pakistan)
2. Mr. Syed Zulfiqar Ali Bokhari
Secretary -2006-2007, Supreme Court Bar Association (Pakistan)
3. Mr. Khawaja Tariq Sohail
Member Executive Supreme Court Bar Association (Pakistan)
4. Mr. Muhammad Azhar Siddique
Media Advisor / coordinator 2007, Supreme Court Bar Association (Pakistan)
Presidential candidate Justice (rtd) Wajeeh uddin Ahmed briefed lawyers the current constitutional position, PML(N) President Mian Shehbaz Sharif expressed his view and his party policy regarding detained judges and Former Vice Chair Punjab Bar Council Azhar Ch Advocate updated the situation regarding detained lawyers and they addressed overseas lawyers via telephone. Ali Suleman Jafri of BBC updated lawyers regarding media sanctions and their response and Talat hussain of AAJ TV passed message to the chair expressing his concerns and views in respect of ordinance curbing freedom of press.APL prays that Lawyers, political workers, media and Civil society’s contribution is fruitful to bring Pakistan out of this constitutional crisis
Meeting was chaired by newly appointed chair Mr. Mohammed Rafiq who took charge of as APL Chair after serving 3 years as an assistant Secretary. Amjad Malik served at the top position for 3 years and APL appreciated his work for association, lawyers of both societies and in particular main British & Pakistani communities.
Signed By:
Mohammad Rafiq
Chairman 2007 onwards
Association of Pakistani Lawyers (UK)
Amjad Malik
Solicitor-Advocate
Vice Chair
Association of Pakistani Lawyers
VIDEOS
http://www.youtube.com/watch?v=FMbGGoVIUwI
http://www.youtube.com/watch?v=0EsGQyFBHWE
http://www.youtube.com/watch?v=cTDqED4Q_hI
http://www.youtube.com/watch?v=M1TmPNZakN8
http://www.youtube.com/watch?v=Ld7_gk0S6Eo
http://www.youtube.com/watch?v=jeQLzqIFb4k
VOA Roundtable available only until 17 November 2007
http://www.voanews.com/urdu/radio/aapkidunyaa/roundtable.cfm
The program is preserved on our web site: urduvoa.com
Click on the 2nd tablet (Roundtables), then click on Aaj Ki Roundtable
and listen. The discussion will remain on web site until next
Monday 17th nov under the Day of Monday.
PRESS:
http://www.pridenews.co.uk/eng.story.php?b==&newsID=1204
http://www.pridenews.co.uk/eng.story.php?b=L2VuZy5uZXdzLmNhdGUucGhwP2NhdGVJRD0xMw===&newsID=1204
http://www.pridenews.co.uk/eng.story.php?b=L2VuZy5uZXdzLmNhdGUucGhwP2NhdGVJRD0xMw===&newsID=1158
UK Lawyers demands firm action from Western World not a lip service
UK Lawyers demands firm action from Western World not a lip service Association of Pakistani Lawyers a team of Pakistani origin lawyers, Solicitors, Barristers, Judges in UK jointly condemn imposition of emergency rule as well as suspending the operation of Constitution of Pakistan 1973 by Chief of Army Staff and his collaborating executive force in Pakistan. APL has convened its emergency meeting of its executive on 6 November and have strongly protested against the curtailment of fundamental rights, the curbs on electronic and print media, attacks on independence of Judiciary, suspension of Constitution of 1973, arrests of judges, lawyers, human right activist and teachers and the Martial Law which has been imposed by General Musharraf as the Chief of Army Staff.
APL make following demands of Musharraf regime:
· APL demands that emergency is lifted at once and operation of constitution is restored.
· APL demands that the military regime at once resort to civilian set up, announce date of elections, and appoint a care set up to hold free and fair elections.
· APL declares that extremism can not be tackled with a derailed political process. There must be a full scale revival of a credible political process and as the current parliament comes to an end on 15th of November therefore a broad band national reconciliation must be initiated genuinely. National Govt is formed as an interim care taker set up including Nawaz Sharif, Be Nazir Bhuttoo, Fazal Rehman, Qazi Hussain Ahmed, Imran Khan, Shujat Hussain, Altaf Hussain, Justice Wajihuddin Ahmed, Asfand Yar Wali, and Mehmood Khan Achakzai and they hold a broad band national reconciliation and take recommendation of all the stake holders as to how a credible election can take place. A date is announced of fresh general elections after that constitution & recommendations . Provincial care taker set ups and new chief election commissioner is appointed with consultation of all parties to hold free and fair elections forthwith within the time frame.
· Freedom of all citizens enshrined in the Constitution must be restored along with the 1973 Constitution as winning hearts and minds must be a motto and govt must not to divert people to apathy and hopelessness. Ensure free press and electronic media freedom as in Pakistan education rate is so low that only this sort of media revolution can assist to form public opinion to vote in free polls to rid the politics of the dirty sleazy and feudal mind set, freedom of movement as well as intellectual stimulation must be preserved and ensured which is a pre requisite to national development.
APL has following request to make to the Western World:
· APL requests the United Nations, European Union, United States, Commonwealth, United Kingdom, Amnesty, Human Rights Watch, and all other international and national governmental and non governmental organizations to take notice of detained Supreme Court judges, lawyers, human rights activists and the gagging orders against electronic media and impress upon General Musharraf to lift all sanctions on the operation of constitution and restore civil rights, media freedom and liberty plus normalcy in the country, release all detained before, on or after 3rd November and allow the Supreme Court to function in accordance with the law and constitution. If they fail to make it clear strongly, we may miss the opportunity to have rule of law, justice and democracy in Pakistan for a long period to come therefore restoring the operation of constitution and law is prima facie matter of great importance for the people of Pakistan and if Western World is serious about democracy in that part of the world than befitting action is needed not a lip service and cosmetic statements. Lifting emergency is of utmost importance to allow people to make a fair choice in coming days.
APL will hold a peaceful meeting on 10 November 2007 at APL conference Hall to protest and consider making further efforts in order to assist their fellow colleagues to restore rule of law, justice and operation of constitution in Pakistan. APL hope that Lawyers, media and Civil society’s contribution is fruitful to bring Pakistan out of this constitutional crisis
Amjad Malik Chair Association of Pakistani Lawyers (UK)
Phone: 00 44 1706 346 011
Personal email at: APLRochdale@aol.com
Mobile: 00 44 7770983308
6 November 2007
