Amjad Malik`s Personal Page

‘And Chief Justice was Restored’ By: Amjad Malik MA, LLM

9 March 2007 will be remembered in the history of Pakistan as a ‘defining moment’ when ancient battle of Yazeed and Imam Hussain got a quick reminder to us all that good and evil will always remain with the people till Dooms Day to judge their conscience and the victory will always be of good. Historic judgement of 20th July is a ‘turning point’ in our short history where a single man on the street conquered the minds and hearts of Pakistani people and 160 million souls sided by the side of a victim of brute force. We are at a cross road whether to move forward from here or run backwards and our history is full of Mir Jafar’s but this opportunity may never knock our doors for a long time.

The writer From the British Pakistani lawyers platform wrote to General Pervez Musharraf on 12 March 2007 to consider withdrawing this reference as procedure adopted gives rise to serious questions of procedural impropriety and the way CJ was handled it will create suspicions whether Chief Justice can ever have a fair hearing if he is treated as guilty before even having a adjudication hearing for example restraints to his access to SC, virtual house arrest, his privileges withdrawn, and keeping him incommunicado. I quote one para from the 12 March letter which says as following, “In the current geo political situation in the country The President must consider an option of reconciliation with Chief Justice and he has by tonight to facilitate a meeting with CJ as on 13 March 2007 CJD starts its contemplation over the charges against Chief Justice and it will be too late by then. Government with Steel Mill Judgment, land grabbing mafia, sugar and cement crisis, continuous stock exchange crash(es), and Nabbed’ ministers amongst their ranks will struggle to prove beyond reasonable doubt the issue of misconduct and abuse of power especially when they themselves drive bullet proof cars at public expense. However current situation desires all heads of constitutional tracheotomy to observe extreme patience and wisdom and be visionary to avoid conflicts which have serious repercussions for the state of Pakistan”.

No action was taken and I assume the President may not have read that letter either. The writer also wrote to Acting Chief Justice(s) then was Mr. justice Javed Iqbal on 15 March and Mr. Justice Rana Bhagwan Das on 24 March 2007 requesting them to convene a full court reference to determine the true interpretation of Article 209, and 180. But no full bench was constituted and later British Lawyers on 5^th of April moved the petition under ref 15/2007 to Supreme Court asking the SC to determine whether the term ‘non functional Chief Justice of Pakistan’ is Constitutional and requested true interpretation of the relevant article(s). There were around 35 other petitions too and thus this full hearing which ended on 20 July 2007.

I think the decision has given the unique pleasure to the nation and its the second biggest incident after the independence, first being the nuke tests on 28 May 1998 by Sharifs. Civil Society’s work does not end here, they must be ready to work for the sovereign Parliament and raise issues wherever they see injustice. Praiseworthy media and newly born with fresh vigor Superior Courts must work hand in hand to root out the real evil from its ground and secure justice for the needy and play their role to break the orthodox nexus of judiciary and Generals. I think Pakistan must better be known for a tolerant, just and democratic society rather than ‘militant in mind and uniformed democracy in system’.

Lawyers must not sit here either, their struggle was not to reinstate Chief Justice alone as that was the small picture, the big picture was always to struggle for true democracy, for a system not for a personality. Lawyers must be ready to convene a convention of all elected representatives and bodies to feed in their joint declaration(s) or demands to political parties to secure their support on issues like full judicial independence, financial autonomy to Superior Court, Separation of administration from Judiciary, appointment of judges commission, breakage of nexus of judiciary and judges completely, viable accountability process of judges and generals to eradicate no sacred cow concept, promote non political bar & bench, promotion of ethical and professional lawyers, cheap justice at door step of common man and quick relief process, including security of judges. We must also ensure the continuation of judgements like 20 July especially in matters of future course of action i.e stopping military coup de tats , Judges oaths under PCO’s, Presidential referendums, uniformed president, and return of exiled etc.

Now that Chief Justice is fully armed and abreast with the challenges ahead he must ensure the safety and security of the State. Only a fair and independent judiciary can guarantee holding of a fair election(s) in Pakistan where transit from military to civil takes place in an honourable fashion rather than by a blood bath, ideally at this juncture and care taker set up & election commissioner is appointed in consultation with opposition and former judges who refused to take oath under PCO are given preference. People of Pakistan stood by Chief Justice for a better cause not for a judge to complete his tenure but to see Pakistan as a vibrant economically powerful and strong democratic country, if that is not possible now then we will have to wait for centuries for an other follower of Hussain to challenge the tyrant Yazeed of his time to pull the crowd. Decision is simple this is the only Chief Justice of modern history who has regained his position by public support and now nation seeks justice.

Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a life member of Supreme Court Bar Association as well as Chair of Association of Pakistani Lawyers (UK).

23 July 2007

Posted by valiantpk on 23/07/2007.
login or register to post comments

APL welcomes SC decision to restore Chief Justice of Pakistan and congratulate the whole nation for their patience and bravery

Association of Pakistani Lawyers a team of Pakistani origin lawyers, Solicitors, Barristers, Judges in UK jointly welcome the decision of full court of 20 July 2007

Quashing the reference and restoring the chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry.

APL congratulates further the Acting CJ Mr. Justice Das’s decision of 9 May 2007 forming a full bench and all the judges of the 13 member full court comprises of Mr. Justice Khalil Ramdey, Mr. Justice Muhammad Nawaz Abbasi, Mr. Justice Faqir Muhammad Khokar, Mr. Justice Mian Shakirullah Jan, Mr. Justice M Javed Butter, Mr. Justice Tasudduq Hussain Jilani, Mr. Justice Syed Ashhad, Mr. Justice Nasirul Mulk, Mr. Justice Raja Fayyaz Ahmad, Mr. Justice Chaudhry Ijaz Ahmad, Mr. Justice Syed Jamshed Ali, Mr. Justice Hamid Ali Mirza, and Mr Justice Ghulam Rabbani for hearing patiently constitutional petition of Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry and all other petitions and declaring a judgement meeting the norms of justice.

British Pakistani lawyers wrote to General Pervez Musharraf on 12 March 2007 to consider withdrawing this reference as procedure adopted give rise to serious questions of procedural impropriety and the way CJ was handled it will create suspicions whether Chief Justice can ever have a fair hearing if he is treated as guilty before even having a adjudication hearing for example restraints to his access to SC, virtual house arrest, his privileges withdrawn, and keeping him incommunicado. No action was taken. Furthermore, APL also wrote to Acting Chief Justice(s) who then was Mr. justice Javed Iqbal on 15 March 2007 and further to current Acting CJ Mr. Justice Rana Bhagwan Das on 24 March 2007 requesting them to convene a larger bench ideally a full court reference to determine the true interpretation of Article 209, and 180. As the requested larger bench was not constituted therefore British Lawyers on 5^th of April moved the petition under ref 15/2007 to Supreme Court asking the SC to determine whether the term ‘non functional Chief Justice of Pakistan’ is Constitutional and requested true interpretation of the relevant article(s). There were several other petitions too and thus this full hearing which ended on 20 July 2007.

APL congratulate the masses for their bravery and patience in this turmoil and steadfastness of lawyers during this uncertainty and appreciate in highest terms despite sanction of the brave role of media to keep the public aware of all the developments and facilitate intellectual discussions and debate and live coverage of Chief’s addresses to respective Bar(s).

APL further canvass that lawyers work does not end here, they must be ready to form a joint action convention of all elected representatives and bodies to feed in their joint declaration(s) or demands to political parties to secure their support on issues like full judicial independence, financial autonomy to Superior Court, Separation of administration from Judiciary, appointment of judges commission, breakage of nexus of judiciary and judges completely, viable accountability process of judges and generals (no sacred cow concept), non political bar & bench, promotion of ethical and professional lawyers and law studies syllabus in line with modern technology, cheap justice at door step of common man and quick relief process, security of judges and above all continuation of such judgements especially in matters of future course of action i.e military coup de tats , PCO’s, Presidential referendums, uniformed president, etc

APL desires that all lawyers, civil society and media’s contribution must continue as Chief Justice restoration is one aspect of the long struggle where destination is still away and we need to jointly work for a free democratic, economically strong country to bring Pakistan out of this chain of crisis, and our voice goes with common man’s voice goes and we hope it reaches to those rulers who make decision(s) to listen to it and act accordingly.

Amjad Malik, MA, LLM

Solicitor-Advocate of the Supreme Court of England and Wales
Life Member SCBA (Pakistan)
Chair Association of Pakistani Lawyers (UK)

00 44 1706 346 011 &

Email at: APLrochdale@aol.com

20 July 2007

Posted by valiantpk on 20/07/2007.
login or register to post comments

APC - A Line Divided for future By: Amjad Malik, MA, LLM

No if’s and Butt’s, ‘Boycott, grand Alliance and en masse resignation’ whenever General Musharraf tries to seek presidential re-election in uniform was the true dividing line to determine either ‘you are with us or with the General’ was the idea projected by the host Mian Nawaz Sharif at APC on 7&8 July in London. This stand though not completely agreed by all but brings him in the lime light as a true opposition leader of Pakistan against the regime. There can not be in between, one can not sit in Govt as allies and be genuine opposition, it may legally be possible but it does not sound politically correct like President in Uniform. Similarly you can not sit in opposition lines and hold your last card until later and announce it publically that ‘we are not yet decided on final issue’ as Shakespeare highlighted this indecisiveness in hamlet ‘whether to take arms against the sea of trouble and by opposing end them’ and hit the nail aright at the last moments of the regime or decide when time comes. This delay in decisive thinking works as a division factor and amounts to ‘mouth to mouth resuscitation’ to the dying regime, in fact, a first aid. I always say, Lilliputians have surrounded the giant but are fighting who will be the king after his demise. Sharifs cleared this anomaly too to allow a nomination of interim premiership excluding them by APC but of no avail. I think the bold stand of Sharifs is clear and praiseworthy and as a result from opposition a genuine sovereign and powerful premiership may emerge in future, if we are lucky. However ‘wheeling and dealing’ and conflicting messages may not carry sound support in masses whichever party one belongs. Lesson of lawyers struggle is simple that in this Raleigh race the torch of their struggle after victory in CJ issue will be carried further by the leader who share the same vision and ideas. Sharifs are the originators of that defiance at the time of coup and at the time of nuclear explosive tests which worked as an adrenaline in the national wrecked structure at the hands of longer military spells, for which he was truly punished. It is a decisive moment and Imran Khan called for decisive action, Asfand Yar Wali demanded a powerful premiership than a puppet ruler and rubber stamp Parliament (Ikhtiar not iqtedar), Achakzai offered a million march style procession in Quetta in early August, what more opposition needs. If at this juncture party interest are not sacrificed for genuine democracy and national government, then i am afraid we must be ready for the long struggle for independence as the matrix of military might will not allow you to be united ever and will remain in power as long as they can. Only unity can break that bond and its nexus, with political will which is currently lacking in power hungry tribes. Nawaz Sharif clan must be ready to fight with those elements struggling for easy power too as opposition leader in future whenever they get into power barricades. At least his attempt has caused this naked exposure in front of all the world. These questions are circling in every Pakistani’s mind that who will bell the cat, and how will it be done, to save the future of the democracy in Pakistan. To me, bold declaration of ‘Boycott or grand Alliance and en masse resignation’ holds the powerful key to ignite the engine of long halted passage to democracy and then the work starts to translate this statement in reality by practical steps. We are confronted of freedom issues once again after 60 years. We were freed from ‘British Raj’ by Quaid e Azam and who will free us from dictators, is the question of all the nation? Where should we fit the military dictatorships in Constitution, the whole Pakistan has been turned into ‘Lal Masjid’ and we are surrounded. Dated: 10 July 2007

Amjad Malik is a Solicitor-Advocate of the Supreme Court of England, & Chair of Association of Pakistani Lawyers (UK)

Posted by valiantpk on 10/07/2007.
login or register to post comments

Rushdie: Old Book with New Cover (a critical analysis) By: Amjad Malik, MA, LLM

The law of blasphemy finds its roots in the Ten commandments, If we see Exodus, Chapter 20 Verse 7, The Holy Bible, (Revised Standard Version, Thomas Nelson and Sons Ltd, London 1952) namely that: …"you shall not take the name of the LORD your God in vain” This, like other Christian doctrines, became enshrined into the law. In the past the new connection between the Church and the State was an important one. Religious dissent and political subversion were closely linked: unity in religion meant strength in the State. Thus, to reproach Christianity was to speak in subversion of the law. This link was borne out in the blasphemy law.

Islam has given the message in the clear terms too as well as Christianity. " No, doubt those people who torture God and His prophet (PBUH), there is a curse on them, not only in this world but in the next world as well, and God has ordered the worst punishment for them" (Sura ul Ehzab (AL Quran ).

Issues of ridiculing Muslim faith is not rare, its old story emerging with new cover. After the downfall of Moghuls, British Empire emerged and in 1860 Governor General Hind approved the enforcement of Indian penal Code. Before that Islamic laws were enforced in the whole of the country. Indian Penal Code was prepared by a commission headed by Lord Macalley. English laws and administrative provisions were kept ahead whilst considering this code. Blasphemy Act was still part of British common laws but it was not included in Indian Penal Code. But one section was added in the code to set punishment for insulting, spreading hatred against British government. In 1898 section 124A was slightly changed but punishment for the offence remained the same. Same year including 124A one more section 153A was added to curb the racial violence in the colony. S.153A was to punish people if they try to stir racial hatred. S.153A- read it "whoever with the deliberate and malicious intention, by words, either spoken or written, or by visible representations stir up the racial hatred amongst the classes of the subjects of her Majesty, shall be punished with imprisonment….for a term which may extend to two years, or with fine, or with both". One main purpose for this section explained at the time was to keep peace between the groups and classes of the subjects.

Several cases of Blasphemy against prophet were registered under the same section during that period. Out of all, the most famous case was registered against a publisher "Raj Pal". Raj Pal published a book "Rangeela Rasool". Case was registered against him under section 153 of Indian Penal Code as a result of several protest and complaints by the local and national Muslim organisations. Session court Lahore found him guilty and sentenced him and Raj Pal appealed against the decision of Session Court in the Lahore High court (AIR 1927 LAHORE 250). Appeal was heard by Judge Daleep Singh in The Lahore High court who gave leave to appeal on the grounds that on the basis of criticism against the religious leaders, no matter how immoral it is, is not covered by S.153 of the Indian Penal Code. Therefore, Raj Pal could not be sentenced as law did not cover blasphemous criticism against religion. High Court decision was widely criticised and protests were made against it by Muslims of India. All these protests and agitation resulted in Raj pal's death in 1929. A Muslim Ghzi Ilm Din killed Raj Pal on 6^th September 1929. Ilm Din was sentenced to death on 29^th May 1929 by Lahore session court. Appeal was lodged which was conducted by Mohammed Ali Jinnah to challenge the decision on the basis that it was not an intentional murder and death sentence can not be given. Appeal was heard by Justice Broadway and Justice John Stone and on 17^th July 1929 appeal was dismissed. Further appeal to Privy council was refused on 5^th November 1929 and at last on 31^st October 1929 Ilm Din was sentenced to death. That was the turning point towards demands of the Orthodox groups of Muslims for strict laws to protect religion and severe punishment for blasphemy acts which gave birth to the future blasphemy law in Pakistan.

British government reacted quickly over the racial incidents in India and especially over the misinterpretation and explanation of law by Judge Daleep Singh and added a section 295A under the Criminal Law Amendment Act 1927 and added it to Indian Penal Code. Since then 295-A apart from minor changes by Pakistan Constitution of 1956 remains the same. S.295-A reads "whoever with the deliberate and malicious intention of outraging the religious feelings of any class of citizens …., by words, either spoken or written, or by visible representations insults the religion or the religious beliefs of that class, shall be punished with imprisonment….for a term which may extend to two years, or with fine, or with both" The same law was amended by Pakistani regime in 1986 where more offences were introduced and punishment was increased to death and life sentence.

In 1991, Abdul Choudhury sought summonses against Salman Rushdie and his publishers, Viking Penguin, alleging that the publishing "The Satanic Verses" they had committed a blasphemous libel against Islam. The magistrate refused to issue the summonses, on the grounds that the offence of blasphemy was restricted to the Christian religion so was the view of higher courts. The Prophet Muhammad (PBUH) is the Muslim role model. All the aspects of his way of life make up the Muslim identity. In "The Satanic Verses" the Prophet is seen to make up revelations, which are little more than convenient excuses, which enable him to lead his sexually frivolous lifestyle. In one scene, the Prophet was rumoured to have had an argument with one of his wives which was unacceptable to Muslims world. The outbreak is consistent as they expressed dissent at the time of broadcasting the film ‘Passion of the Christ’. It is understandable that many Muslims felt that Salman Rushdie had taken outrageous liberties with their faith. When the Muslim community tried to invoke the blasphemy law to protect their faith and found that it protected Christianity only, they felt powerless victims of religious discrimination.

Whilst granting Knighthood to Rushdie for literary service British Committee forgot to appraise his book fully as well. For example little glimpse of his book ‘Satanic Verses’ shows how Rushdie fooled the West and in return awarded for his ridicule. The writing may be protected by West on the name of freedom but is not literary mater piece on any moral standards. For example:

The word 'Fuck' has been used total 60 times in the book at following pages: 27, 54, 80, 87, 100, 101, 109, 149, 158, 159(2 times), 163(2 times), 178(3 times), 179, 180(2 times), 207, 245, 260, 261, 262, 265, 268(6 times), 269(2 times), 270(4 times), 271, 278, 285, 306, 313, 351, 380, 410, 412, 421, 429, 430, 435, 441(6 times), 448, 479, 526.
The word 'Bastard' has been used total 49 times on the following pages: 1, 8, 19, 51, 56, 59, 68(2 times), 73, 80(2 times), 86, 95, 105, 116(2 times), 122, 137(3 times), 142, 164, 169, 174, 198, 256, 259, 266, 268, 280(2 times), 281, 284, 285, 316, 326, 359, 367, 376, 418, 425, 430, 436, 448, 467, 511, 520, 537, 539.
The word 'Cunt' has been used total 6 times on the following pages: 163, 389(2 times), 441(3 times).
The word 'Haramzada' (bastard in urdu) has been used total 2 times on the following pages: 27, 207.
The word 'Mother Fucking' has been used total 3 times on the following pages: 80, 85, 122.
The word 'Sister Fucking' has been used total 1 times on the following pages:80.
The word 'Chootia' has been used total 1 times on the following pages: 80.
The word 'Maggie the Bitch' has been used total 1 times on the following pages:269.
The word 'Damn all Indians' has been used total 1 times on the following pages:137.
The word to describe UK as 'Coffin of an Island ' has been used total 1 times on the following pages:146.
The word 'Mother Fucking Americans' has been used total 1 times on the following pages:80.
The word 'Sister Fucking British' has been used total 1 times on the following pages:80.
The word 'Angrez Bastards' has been used total 1 times on the following pages:59.
The word 'White Bastards' has been used total 1 times on the following pages:284.
The word 'Shiv Sena Bastards' has been used total 1 times on the following pages:537.
'Nigger eat white man's shit' has been used total 1 times on the following pages:461.
'White woman never mind fat Jewish, non-deferential white women – were for fucking and throwing' has been used total 1 times on the following pages:261.
Remarks about Hindu Gods: On Page 24 “After six movies playing the elephant headed god he was permitted to remove the thick, pendulous, grey mask and put on, instead a long hairy tail, I order to play Hanuman the monkey king in a sequence of adventure movies that owed more to a certain cheap television series emanating from Hong Kong than it did to the Ramayana. This series proved so popular that monkey-tail became de rigueur for the city's young bucks at the kind of parties frequented by convent girls known as 'firecrackers' because of their readiness to go off with a bang.” Further on page 25, “ ‘Even before he replaced false head with fake tail he had become irresistibly attractive to women. The seduction of his fame had grown so great that several of these young ladies asked him if he would keep the Ganesh-mask on while they made love but he refused out of the dignity of the God’.
Remarks about Queen on Page 169, “… he found himself dreaming of the queen, of making tender love to the Monarch. She was the body of Britain, the avatar of the State, and he had chosen her, joined with her; she was his Beloved, the moon of his delight”.

There are far more verses which are inflammatory which can not be pen down due to various obvious reasons, but to any standards this does not seem a service to literature, I could not find any sarcasm or irony or satire in this fiction for which British writers are popular all over the world rather found filthy fire and looking at this synopsis this book is a fine example of stirring hatred against the whole of humanity.

Now The Prophet (PBUH) further said, " A believer does not taunt, curse, abuse or talk indecently.” Al-Tirmidhi Hadith 1740. When rulers are ignorant of sensitivities and no forum to express anger or to bring some one to justice or no law to curb such hatred then there is little left to accommodate such grouses. Britain ignored Muslim sensitivities in UK and billions around the world whilst granting Knighthood to ‘Satanic Verses’ fame writer Salman Rushdie for services to literature. The awarded writer’s contribution is disputed too as it has not only hurt Muslim sentiments but have attacked African community and his one sentence got the book banned in South Africa, It ridiculed Hindu belief and used foul language against then PM Margret Thatcher and the Queen and his contribution is not only conflicting but has caused hurt to scores of human souls around the world. The writer has one fame which is that his book got a lot of publicity for hatred against Muslims and vice versa. As compared Harry Potter fame J K Rowling and Mr. Beans fame Rowen Atkins could have been far more better candidate for such honour.

British Government must have gauged the possible reaction as a result of such announcement and the assessment seems faulty over this knighthood. Many organizations are urging the Prime Minister to fill the legal gap so that any frenzy writer may not exploit this weakness himself or on behalf of hidden forces to widen the gulf between those communities who in general wish to remain in peace and may not stir religious sentiments and defile each others sacred belief as current law does not address those common grouses of each community. Few option have been highlighted all around which preach common sense and are as following a) withdrawing and or suspending the grant of Knighthood to Mr. Rushdie: b) Consider amending blasphemy laws and or give effect to Race and Religion Hatred Act 2006 (relevant clauses) thus granting protection to all beliefs including Muslims from such outrageous ridicule: and c) Increase efforts to hold a dialogue between OIC & EU, US, China, India and representative of major faiths for better understanding amongst over 6 billion souls and inter faith harmony and secure ‘memorandum of understanding’ to avoid public protest over either its ‘Raj Pal’ or ‘Danish Cartoons’ or Rushdie’s ‘Satanic Verses’ Or ‘Passion of Christ’ affair and or ‘denial of holocaust’ as lack of such understanding will continue manufacturing those writers at will who will cause harm to public harmony. Those factories must be stopped here.

The decision is simple, West must not crucify 1.5 billion Muslims over one man’s frantic freedom of expression which has no limits. Unbridled fire sometimes burn one’s own house and the argument makes it clear that his freedom is restricted to where Muslims rights guaranteed by international law triggers. The rights come with responsibilities. The rulers must always be able to gauge the pulse of their people and I must say people does not wish for any confrontation on either side and seek peace all around. There is still time to secure those efforts for interfaith harmony amongst ancient civilization in the light of old practices or teachings before it causes irreparable gulf.

Amjad Malik is a Solicitor-Advocate of the Supreme Court (England), an expert of human rights law and Chair of Association of Pakistani Lawyers:

2 July 2007

Posted by valiantpk on 02/07/2007.
login or register to post comments

Is modern world in grip of clash of civilization By: Amjad Malik, MA, LLM

Britain is in the grip of latest stir caused by the knighthood status granted to ‘Satanic Verses’ fame writer Salman Rushdie which has created an uproar in the Islamic world though the stalwarts of Ummah are quietly observing these developments. Several organizations have expressed dismay at the blatant disregard shown to the 2 million Muslims sensitivities in the UK and over a billion around the world whilst granting a Knighthood to a writer and questioned the wisdom of Tony Blair for such recommendations on the occasion of Queen Elizabeth’s birthday and have called for withdrawal as this honour is given at a time when Muslims are on the edge to bridge the gap between two communities after the events of September 11^th and 7 July. Muslims of Britain as well as the Western World are already subject to victimization via various heavy handed laws and at this junction honouring those will contribute to widen the gulf between two cultures and will alienate the main stream Muslim community.

Pakistan Penal Code (PPC) of 1860 dates from the British colonial period: Sections 295 to 298 of the PPC dealing with religious offences dates back to that period and were intended to prevent and curb religious violence. The offences listed are: defiling a place of worship (s.295), acts insulting religion or religious beliefs (s.295 A), disturbing a religious assembly (s.296), trespassing on burial grounds (s.297), and utterances wounding religious feelings (s.298). These sections have a lot in common including the intention of the offender to hurt the religious susceptibilities of others which is considered integral to the offence; they also share a universal application, whereby hurting the religious feelings or any group is made an offence. In particular S. 295-C of the Pakistan Penal Code says, “ whoever by words either spoken or written or by visible representations or in any manner whatsoever, or by any imputation, innuendo or institution, directly or indirectly defiles the sacred name of the holy Prophet Muhammad (PBUH) shall be punished with death or imprisonment for life and shall also be liable to fine.”. Islamic Shariat Bench later declared that imprisonment can not be granted in Blasphemy proven cases and only death sentence is the right sentence for the convicted.

However these offences have little value to the West who take freedom of expression as a superior force to all other political and religious compulsions. Their Blasphemy law though covers Christianity but does not cover Islam. Article 10 of European Convention of Human Rights 1950 which is a bit similar to Article 19 of the Constitution of Pakistan 1973 says as following: “1. Every one has the right to freedom of expression. This right shall include freedom to hold opinion and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the Licensing of broadcasting, television or cinema enterprises.” During the Salman Rushdie affair in 80’s after writing a book ‘Satanic Verses’ Britain never prosecuted Salma Rushdie under Blasphemy Laws of Britain for defiling the Prophet of Islam as British laws only covers Christianity. Under Ex Parte Choudhary, private prosecution was not allowed either by British Courts due to lack of legal provisions. Britain since has introduced the Racial and Religious Hatred Act 2006 which intends to curb preaching religious violence, however it still does not address the core and causes of igniting religious hatred albeit blasphemy .

However in the west denial of holocaust as to whether or not Jews were oppressed by Hitler’s Nazi regime is a criminal offence in most part of Europe. Holocaust denial is illegal in a number of European countries: In Austria (article 3h Verbotsgesetz 1947) punishable from 6 months to 20 years, Belgium (Belgian Holocaust denial law) punishable from Fine to 1 year, the Czech Republic under section 261 punishable from 6 months to 3 years, France (Loi Gayssot) punishable from Fine or 1 month to 2 years, Germany (§ 130 (3) of the penal code) also the Auschwitzlüge law section 185 punishable from Fine or 1 month to 5 years, Lithuania, The Netherlands under articles 137c and 137e punishable from Fine or 2 years to 10 years, Poland, Romania, Slovakia,and Switzerland (article 261bis of the Penal Code) punishable from 6 months to 3-5 years. In addition, under Law 5710-1950 it is also illegal in Israel and punishable from 1 year to 5 years. Italy enacted a law against racial and sexual discrimination on January 25, 2007 punishable from 3 years to 4 years.

Now we see no Islamic countries in this list which outlaw holocaust denial as if you wish to enact the law in those countries you are called to scratch their back too and amend your home blasphemy laws to include the respect for Islam and its Prophet. Now looking at this tendency the way the West is showing insensitivity to the Muslim World’s feelings, It will be quite illogical if Islamic countries in a fit start awarding Saddam Hussain a highest bravery award for saying ‘God is one’ on the Gallow or Mullah Omer ‘the sword of Ali award’ for combating the foreign oppressor. These sentiments though exist which call for serious consideration by OIC and West to sit together and find a solution to this hugely charged issue as common man of each society calls for peace and harmony between ancient civilizations.

The awarded writer’s contribution is disputed too and it is not only conflicting but has caused hurt to scores of human souls around the world. British Government must have gauged the fall outs as a result of such an honour announcement and the assessment seems faulty over this knighthood and gives rise to the contention whether it is intentional to stir worldwide outcry to secure public support for aggression or an unintended lapse. Queen’s regiment has already been insensitive to the public pulse at the death of Lady Diana, the princess of Wales and here too showing little regret over this episode where thousands of Muslim protestors are on the streets.

There is further fuel on the fire by careless statements of politicians, one of which is of Mr. Ejaz Ul Haq a Minister of Religion of Pakistan trying to justify suicidal attacks on the writer which has no basis in Islamic teachings and in law here and abroad. In particular his call is not wise when 1 million Pakistanis reside in Britain and contribute heavily in national economy including his own clan. Whilst urging communities to remain calm and use their right to protest in a maximum peaceful manner, I feel the time has come for two ancient civilization to sit together and try to form a group of countries to have a joint ‘Memorandum of Understanding’ to identify and not to allow harbouring each other’s common criminals who defile each others religious faith. Prophet Muhammad(PBUH) did something similar 1400 years ago and made a pact with his opponents known as ‘Hudabiya Pact’ and here too the Western world must have a dialogue to secure interfaith harmony in order to bring two extremes to the middle to avoid future conflict.

There is no point that blasphemy law in Pakistan, Iran and Saudi is punishable to death and writers of such books walked free in British run India for writing ‘Colourful Prophet’ around 100 years ago, and now for writing ‘Satanic Verses’ and publishing ‘Danish Cartoons’ ridiculing the Prophet. Similarly denying holocaust, that Nazis did or did not oppress the Jews, is a criminal offence in the West but in the Islamic world if not penalized then it does not carry international validity and criminals of one society will keep seeking refuge in other’s protection indefinitely and may cause a mayhem one day. If a joint attempt to ‘give and take’ policy is not adopted, I am afraid a chain of uncalled events may emerge from within this episode which will be regrettable but will be disastrous to the efforts of bringing the unity in this global village. When law does not address public anxiety and no forum on which a complaint can be lodged is available then those who mutilate public feelings on the name of freedom will deepen the gulf further and clash of civilization begins as was quoted by the US president wrongly or rightly at the time of 9/11 referring to crusades.

We must all discourage any attempt to use or stir violence on religious basis, however realizing the nature of situation OIC and Western World including European Union, US, Russia, China, and India must consider setting up a forum to adjudicate such matters and give serious thought to the calls of Muslim countries & West for interfaith harmony. Islamic countries jointly must come up with a unanimous unstinted resolution as to where no negotiation is possible and where there is a compromise possible on the name of freedom of thought and expression and or to include protection to Western belief. Little late and there was no dearth of individuals like Ghazi ilam Din then in India, or Amir Cheema now in Germany in this day an age who were and are willing to take law into their own hands on the name of love for their religion and their Prophet when no law or legal forum is available to address their concerns instead countries show blatant disregard to their sentiments. The decision is simple, its one man’s freedom against 1.5 billion Muslims sensitivities. Muslim world unanimously banned the film ‘Passion of Christ’ which fantasized Jesus Christ in a fiction, same reciprocal concession must be offered from the West which does not cost them a penny. Why both societies do not act together to fill the lacuna so that any frenzy writer may not stir religious sentiments and defile each others sacred belief as current law does not address those common grouses of each community. This way we can save the clash of civilization and nip the evil in the bud in order to save the humanity as one man’s unnatural death is the death of the whole of humanity.

Amjad Malik is a Solicitor-Advocate of the Supreme Court (England), an expert of human rights law and Chair of Association of Pakistani Lawyers

21 June 2007

Posted by valiantpk on 21/06/2007.
login or register to post comments

UK Lawyers expressed anguish over untimely Knighthood

Association of Pakistani Lawyers a team of Pakistani origin lawyers, Solicitors, Barristers, & Judges in UK jointly express deepest dismay at blatant disregard to the 2 million Muslim sensitivities in UK and billions around the world whilst granting Knighthood to ‘Satanic Verses’ fame writer Salman Rushdie.

APL confirmed that this honour is given at a time when Muslims are working hard to bridge both communities after the events of September 11th and 7 July and are subject to victimization via various heavy handed laws and honouring those who cause the divide further will alienate the main stream community and will not go well with the Muslim Community and demanded withdrawal of that status forthwith as the writer’s contribution is not only conflicting but have caused to hurt billions of human souls around the world. British Government must own the responsibility and make amends of this lapse like they did at the death of Lady Diana the princess of hearts.

APL further expressed anguish at careless statements by politicians and urge the communities to remain calm and use their right to protest in a maximum peaceful manner and discourage any attempts to use or stir violence even in their speeches.

APL pointed out that OIC must take notice and revisit their efforts to canvass Islamic countries to put joint diplomatic pressure on the grant of such unworthy honour and consider setting up Islamic highest court of all Islamic countries to issue a joint declaration against the writer and grant of such honour.

Amjad Malik, MA, LLM

Solicitor-Advocate of the Supreme Court of England and Wales
Chair Association of Pakistani Lawyers (UK)

00 44 1706 346 011 & email at: APLRochdale@aol.com

Mobile: 00 44 7770983308

18 June 2007

Posted by valiantpk on 18/06/2007.
login or register to post comments

‘Death dance has begun’ By Amjad Malik

In Pakistan internal war between institutions such as legislatures who are standing for parliamentary sovereignty, lawyers in street for judicial independence and journalists for free press & media are all against one institution and the whole commotion is taking a final shape. Whilst on the other hand American and European press and institutions have started sorting their ranks and have started friendly fire whether its New York Times, BBC or British Press towards a military man who has enjoyed the lusty position since 1999 in particular after providing an unstinted support to United States in their war against terrorism. Now the same man is causing distress and bringing the name of sacred into disrepute as now people are hitting at those behind this man. Whether its Chief Justice issue, MQM counter rally resulting in Killings, media bashing or political arrests all has at once started going against General Pervez Musharraf who has an easy ride in his solo flight towards political kingdom after ousting a history’s most power Prime Minister in the Parliament.

His own given freedom to media has turned out to be a thorn in his throat as he did not know that freedom though does not come easy but once attained can not be taken away, salve is a slave unless he is released as Pakistan is no longer same old country where Prime Minister can be hanged over night silently. Now the people of Pakistan are not ready to sacrifice their chief justice on the alter of military slaughterhouse without ensuring him a fair trial and nation for the first time in the short history is demanding ‘reasons of such hasty action’ and justice with ‘the man of law.’ Media has played an enormous role to awaken this long slept jinni of people which has a bigger role in shelving and shuffling any government at the hands of military. Media freedom was not a favour to nation, it was inevitable to counter bordering propaganda and to remain part of the international community which is knit into a global village with the communication revolution.

There is not a shred of doubt that 75% establishment and bureaucracy as well as public representation is all under control of our powerful military might and some even say that it has crept in people’s blood, but when institutions start crumbling and regionalism start taking shape, then loyalists always keep an eye on the wider ‘national supreme interest’ of the state and call out loud that If wisdom is not preached and practised at this sensitive time country may suffer a great damage. General public love military if it remains at borders or delivers when it assumes the role of a ‘messiah’ and people’s happiness turns into a sour dream if their presence in govt cause the national structure and Federation a ‘blood cancer’.

Now every one knows the root cause of this problem so who will bell the cat is the key question. We have not left any national figure or leader or even elderly senior citizen carrying federation support alive or present in this danger to call it a day or initiate a credible national reconciliation, all are either dead or exiled. When power becomes uncontrollable then certain measures are taken to either bring that power in line with the norms or under any legal control, if those measures are not successful then elimination process takes place instead of peaceful transition. We are silent witness to the making of history. Army men are not made for politics and they are devoid of political wisdom to secure settlement of disputes which are core to the Federation by negotiations. They never have the will to come forward and try to save what’s left. Their training is such that turning back is not an option readily considered and or available to them and consultation is not they practice but orders they follow. Its like an elephant force which if turns back will take the whole clan down with it.

This is the time that a national reconciliatory efforts must initiate at a ‘round table talk’ in order to consider holding a free and fair elections, return of exiled, and freedom of judiciary coupled with fully armed chief election commissioner to save the federation. Pakistan is going through its worst crisis and we do not afford an incident like 71 where we lost Dhaka. We still have time to save if we allow the political process to work the way founder intended and the way people mandated in the form of 1973 constitution. Let people of Pakistan decide who they want and what they want. We need to respect the sanctity of vote upon which people obtained this country from colonial powers in 1947 without any army, fight and battle and we must respect those lonely main few political parties who have roots in the whole country as they represent the Federation and we must preserve them as our national asset. Strong system of governance is much better than sham slogans to kill or be killed.

Only free and fair elections can save the man, the gun & the Federation and rulers must consider this sane voice which is shared by millions here and abroad. No one is above the law and none is the wisest, its people who are wise its nation who is supreme and its public who vote. If common sense is not followed and any ultra constitutional mechanism is experimented, I am afraid then death dance will start and who knows what does it take with it.

Amjad Malik is a life member of Supreme Court Bar Association and & a Solicitor-Advocate of the Supreme Court (England) and chair of Association of Pakistani Lawyers (UK).

Dated: 13 June 2007

Posted by valiantpk on 13/06/2007.
login or register to post comments

‘War of Words’ By Amjad Malik

Pakistan is amongst fierce fight over the power struggle of two institutions where the question is whether Judiciary allows this time again and or stops the ‘unstinted support’ to any martial law or the acts of martial law in the country. These are valid questions raised by many analysts, senior lawyers and jurists in last few months especially after 9 March 2007, however what nation witnessed on 26 May 2007 at Supreme Court Bar conference cum legal procession was a sheer anger and uncontrolled fire which is similar to a ‘head butt’ of famous footballer ZineDine Zidane in the Football World Cup final on Sunday 9^th July 2006 which caused France to lose the world cup final.

I would urge the lawyers movement and head lawyers that sanity must prevail and their papers on law must be apt to be considered not only by rulers but the main stream parties to consider including their manifestos in coming elections. If wisdom is not preached at this juncture then the whole argument will fail where thousands of lawyers supported the cause all around the globe. Senior lawyers must consider the forum’s sanctity, decorum and use their oratory for the sake of Pakistan as with mere words & cheap slogans army is not going to leave the lusty powerful job until the transitional arrangements are in place and or guaranteed by visionary leaders and road map is given by those who aim the independence of judiciary. So calm down and initiate a spade work which will be honoured by millions in the country and many abroad. If such guidance is absent the whole struggle may be futile if the top judge is restored overnight as without political backing of top parties or in the absence of valid movement coupled with political objective(s) without a leader present to lead is bound to collapse, so vision is required to turn dreams into reality.

Nexus of our judges with Generals so far in Pakistan had ruined the future of democracy in Pakistan. Nepotism, bribery, lawlessness, unmeritorious appointments at top slots and lack of respect for rule of law in an unjust society made life impossible for lay Pakistanis who are in millions and they have been looking towards a ‘messiah’ for years which never turned up to their door steps. If these dreams are to be translated in reality then calm and composed exposure and visionary orators must keep their heads high with their road map to the goal intact. Supreme Court Bar Association seminar would have been best served if the speakers had given road map to such destination which the lawyers are aiming for. Crucial topics such as appointment of judges via non political and unbiased commission, non controversial non political future lawyers who in the end become judges, politics free bar, training of lawyers and judges, and accountability of top judiciary, financial autonomy of Top judiciary, and protection of judges and separation of administration from judiciary coupled with safe guards of judiciary turning into another military style unbridled power were the questions which remained unanswered in that gathering.

If judiciary is to be made independent the process is not a days job, it can be achieved but not impossible and the main contribution is required from top national parties to adhere what lawyers say and top military brass to see if the time has come to lay off and allow the judiciary to function as a monitor which is its job. However, lawyers must not waste such opportunities to say what the nation desire instead of wasting the top slots in cheap slogans as media can not continuously cover such events which are futile in its results. Our non reconciliatory habits and unwise governance has turned our country into a ‘mud slinging’ crowd which is devoid of supreme national interest of the country and top intelligentsia whether lawyers or journalists and analysts, they all must try to separate chaff from grain at all times. The blame of one sheep may not be rightly attached to the herd if no visible legal authority and constitutional backing is available especially if those words harm the cause.

Its election year and 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 judiciary consciously pave the way for wise manoeuvring and Govt of the day offers for a round table conference to have a dialogue based on equality where issues such as free elections, exit of military from national politics including Presidential elections, care taker set up and independent and powerful election commissioner and return of exiled leader and time frame is discussed.

I know for a fact that these steps may not be taken as 12^th May massacre is still under investigation by the top Sindh judiciary and whole sale expulsion orders against Senior lawyer(s) of the Higher Courts of Pakistan, Journalist(s), Human Rights Commission members, from one Province in violation of the various articles including art15&25 of the Constitution of Pakistan 1973 are note worthy and tells the state of affairs in Pakistan. These steps will lessen the freedom of movement & press and liberty to all citizens and will promote regionalism and will destroy the very principle on which Pakistan was made. I feel that growing calls for contempt of court notices here and there must end here and nation must allow the court to give judgment in chief justice’s case if he is not restored by then, in that case the judgment in Chief Justice’s case is the only key which will open various boxes and one of which may bring the good news for the nation so lets wait and see and lawyers must think carefully which way to turn this struggle mind you ‘head butts’ can cause to lose the match.

Amjad Malik is a life member of Supreme Court Bar Association and & a Solicitor-Advocate of the Supreme Court (England) and chair of Association of Pakistani Lawyers (UK).

Dated: 31 May 2007