‘Image Building Exercise for Pakistan’ By: Amjad Malik
Slain Chief Justice of Pakistan still under house arrest with his colleagues, incarcerated Supreme Court Bar President, one former Prime Minister dead and other in waiting with a serious threat to his life, media gagging, Constitution avenue blocked for public, access to Supreme Court with special permits, lay Pakistanis are without proper services of main utilities i.e. electricity, gas and oil and are fighting on streets for proper flour distribution is a picture a lay man draws of an atomic state of Pakistan in the wake of President Musharraf’s second leg of European tour to re build the image of Pakistan.
Pakistan is facing one of the worst internal stability questions despite having a strong visible army infrastructure which is capable enough to safeguard the exterior boundary of the country. Instead of offering trade on equality level, tourism, and security President Musharraf will be asking his counterparts to continue aid packages, have faith in him, and not to ask their citizens and businessmen to leave Pakistan due to law and order situation despite the fact, that suicidal attacks are almost a common occurrence and after 9 years of his unchallenged rule, he returns to square one which begs the critical analysis of the situation as whether he is combating the increasing radicalisation in Pakistan or he himself is the cause of that increase as suicidal attacks are unprecedented in the 60 years history of the country. The fear is that radicalisation may increase while the weaker political set up 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 and simple democracy with justice where there is already a strong military present to safeguard the strategic assets 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 and patience too. The west, in Particular Britain must play its role to ensure free and fair elections in Pakistan under a credible caretaker set up with an Indian style fully armed & powerful election commissioner coupled with independent monitors. The sooner the nuclear-armed Pakistan returns to stage 3 process of democratic revival, the better it will be for the rest of the world as suicide attacks coupled with crisis over crisis whether its flour shortage or load shedding, oil or gas shortage, stock fluctuation or gulf between poor or rich, media gagging or judiciary’s bashing, draw a bleak picture of the state of affairs and it bottles down to mal administration and short sightedness of the regime where the country is internally jumping from one crisis into another whilst India is reaping the crop heavily from their miseries, and is safely sailing towards permanent membership of ‘National Security Council’ unchecked, and not alarmed at all. British Prime minister Gordon Brown topped it all up by declaring India a strong partner in trade and a worthy future member of G8. India’s continuous progress is the key of its public quietness on Pakistan’s internal affairs though contributing heaving in increasing Pakistan’s miseries on its rear border with heavy presence of its diplomatic units actively busy, yet our rulers are busy in their contemplations whether BB was killed by a sniper, shrapnel or a car lever and should her killing investigation be done locally or through United nations or should it be shelved similar to that of Liaqat Ali Khan, President Zia or Mir Murtaza Bhuttoo. Even if they get free from all these troubles, they keep are always busy in assessing whether Pakistani nation is ripe enough to make a fair choice of its leaders in an independent and fair polls.
One does not need to go abroad to preach the good of a country as actions speak louder than the words. Pakistanis are accustomed to clapping on fiery speeches, loud claims and prosperity dreams. However, when crisis hit the fan, all claims fall flat on the grounds as they are always without a substance, like the very claim of the President that ‘Pakistanis are eating cheapest flour in the whole of South Asia’ or ‘there is no crisis at all’ in Pakistan. I do share the view that these crisis may be minor, and may not pose any danger to state at all, however those who came to power to show lay politicians ‘good governance’ must come up to the task and must see the indefinite departure of their financial advisor Mr. Aziz as I believe those who deliver their promises return to parliament with 2/3 majority but they do not leave the country overnight for good. Ex servicemen have shown courage to share the views of millions of people of Pakistan who are silently witnessing the merciless treatment with the state brain just to save the clan of Q league and or the presidency, the seat of one man without caring the wider interest of the people, federation, and or state. The issue at front is how the President can contribute to the image of the country, the options are limited firstly, by remaining & attempting to preserve what he himself take credit of pre 9 March situation and holding free elections or alternately by resigning so he does not add further to the miseries of the victims of which army is on top of the list who have sacrificed many soldiers in these last years. Experience tells that in Pakistan we have not seen rulers ever resigning or admitting their mistakes as admitting fault is not their nature, though it is time to develop that culture. We must concentrate as to what engulfs us as a nation, as resolving this situation is a critical question begging for our attention as we are at a ‘crossroad’ to move forward to prosperity or backwards towards Afghanistan. We must not forget that Caliph Omer showed how best to secure dispensation of justice, the idea which followed by West in making their societies just, equitable and social welfare states and the like of Khumaini of Iran who showed the simplistic way to serve its people who used to offer a loaf of bread with lentil to those visiting foreign dignitaries who came to see the man who changed the mind set of an entire nation. How can our rulers sitting in million pounds bullet proof cars ever deliver the promise of democracy, accountability, and freedom.
People may remember our President with good words in future and it will lift our country’s image in the community of nations if at this juncture, he promotes public, judicial, and media accountability of our rulers and those who hold that accountability are properly regulated and administer their role fairly, justly and considering it their national obligation without a shred of doubt on the process they adopt. when our rulers say that we are new yet, and we need few hundred years to come at par with the democracy style of England, France and USA, it makes me wonder, as there is never a right time or right people available for the promise of democracy as if you wait for a promise of ‘never land’ it may never come true and now or never is the motto for revival of political process and democracy. West learnt this tricks of trade from our ancient rulers how to share, how to provide justice at the strike of a bell, equality of riding the camel with the servant, and simplicity of washing and sewing one’s own clothes and concept of social welfare state where rich cater the old and needy, but in order to achieve that one has to leave his luxury at some point and offer himself for public accountability in a style where people may ask a question , ‘Oh Omer, answer the people, where did you get your gown’
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK –
23 January 2008
WILL PAKISTAN SURVIVE ? By: Amjad Malik MA, LLM
Barrister Jinnah fought hard in persuading British Empire to allow Muslims of sub-continent to have a separate homeland to safeguard the identity of rich nation and their Islamic culture values and freedom in their way of life as there were distinctive differences between Muslims minority and Hindu majority of Indian subcontinent. However, at this critical juncture his soul would be perturbed to see first ‘klashenkove’ and now ‘suicidal attacks’ and weaker judiciary resulted in by periodical military regimes in Pakistan quite contrary to Islamic teachings which depicts that one may survive in cruelty but a society built on injustice can not coexist. West followed that principle in practice especially in their way of dispensing justice and freeing media and Britain is noteworthy in that effect particularly as freedom of citizens was never compromised. That clearly pin points one aspect of the weakness of the country Pakistan that it could not develop a formidable civil system of governance in good 60 years which could continue despite having a road map and strong military as an institution always came to rescue due to political immaturity of our political clan or distrust amongst stake holders and that will always remain its minus and positive point. The bleak rule of law & justice situation and unlawful killings of its political stalwarts especially Bhuttoo’s and nexus of military with judiciary may not mirror its founder’s true views and vision about this outstanding nation full of talent, skills, and vigour and poses a serious question, will Pakistan survive in days to come?
Admitting that situation is bleak as far as rule of law and democratic drive and media freedom is concerned, still its not enough to question its territorial existence as we will have to see the reason for which Pakistani people obtained this country. This country was obtained by way of one man one vote and most of the votes were cast by lay people who were focused as their aim to have independence and they freely opted out for a free state and refused to accept slavery in a country where they ruled for centuries. To me the original principal is still intact and survives. People of Pakistan though going through a series of crises especially finding political system under which governance takes shape but are still determined not to loose their freedom and they are not willing to rejoin their old foe so united India is out of question. Now we move to second stage and it is acceptable that hidden powers breed the idea of fragmentation of Pakistan. That may be a valid blackmailing tactics to suit an individual state interest, but rarely possible in practice as the remaining Pakistan post 1971 is geographically located in a spot where its fragmentation will cause a serious threat to the stability of the whole region and in return to the wider world and any foreign interference may have serious repercussions as a result because no power would afford a backlash as a result of a failed attempt of fragmentation on an atomic power. Therefore, its division in pieces no matter how glossy can not materialise due to country’s strong defence mechanism and Pakistan being the only Muslim state with atomic armament which provides regional stability through its ideal strategic location. Looking at the recent past, English fought Irish, Indian faced Sikhs separatists and other developing insurgencies, Srilankans at war with Tamils, Afghanistan saw off Russian invasion in 80’s and is on its 2 nd haul of turmoil during and post Taliban and US went through bi polar system, Cuban missile crisis, Kennedy’s death, Vietnam, as well as 9/11 and Japan too saw Hiroshima but no where the issue of state instability crops up. Similarly, Pakistan is a state where a full mechanism of running and defending this nation of 160 million is in place and one aspect in particular to defending the sovereignty of the state is in fact, stronger than ever before.
On this basis, I will say that Pakistan is there to survive for years to come as Pakistan is a homeland, a shelter of different casts and creed, safety zone for Islamic heritage and protector of many languages. Its cosmopolitan diversity is its unique feature and its strength is its foundation on which it was made. As the foundation is so strong, the remaining issue is to build the country further on this stronger foundation and take it on a route to progress, tolerance and truly democratic Pakistan which is quite up to the people of Pakistan who needs to come out of its shell and turn themselves from crowd to a nation. How can people achieve that task is a valid question for all the leaders of Pakistan too, military as well as Civilians. Its political leaders also carry the blame for not being able to promote genuine leadership, political process, and accountability on national level, and military leaders for not being able to leave a genuine democratic leadership from educated middle classes in succession once they had a chance in Ayub, Zia and now Musharraf’s regime. Pakistanis remained leaderless after years of military regimes and people could not come out of status quo and started from scratch after the regime left leaving his foot prints. I think institutional strength along with preserving judicial independence, free and responsible media are keys to join the road map towards democracy. Military establishment must foster and pave way for true leadership and try to confine themselves to the task of ‘defence of the realm’ and allow a political process to continue coupled with free judiciary & media, and allow the system to shuffle across and separate the chaff from grain after periodical elections ideally after every 4 years. After four or five elections Pakistan will have true leadership to run the political side of the country and military can go on the back drop forever. If we allow people to responsibly elect its leaders and allow the system to run, I do not see any reason why those millions whose ancestors laid their lives on one call of their Quaid Mr. Jinnah and chose Pakistan freely as their choice, will now make mistake to choose who should govern them. Given the choice collective wisdom will promote unity and federation and the people will find a viable political process too.
Pakistan is there to survive, West is sometimes pre mature in their hasty assessments to forecast a destabilised Pakistan on any mishap or genuine calamity, I would say they react quickly and its the beauty of their system and freedom of media that they are heard quickly too. Pakistan an atomic power who announced its nuclear in a tit for tat tests with its arch rival India in May 1998 though it acquired this technology in 80’s long before its official announcement on 28 May 1998 so questioning its command to hold such arsenal seems baseless, keeping in view that the country acquired this technology not by choice but as a deterrent once its arch rival tested its nuclear facility and posed a clear and present danger to the defence, security and sovereignty of Pakistan and the whole South Asian Region. It is arguable that the money could have been well spent on people’s welfare but that applies to both the countries. However, critics in West and in Asia are justified in pointing out that more can be done to secure institutional strength and to attain truly elected genuine leadership with true democracy is the real challenge confronted to all Pakistanis and that’s what they must concentrate on in coming years as given the opportunity this land of pure is fertile enough to do miracles.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and has done LLM in national security Law.
11 January 2008
UK Lawyers Condemn Blasts in Lahore
Association of Pakistani Lawyers a team of Pakistani origin lawyers, Solicitors, Barristers, Judges in UK jointly condemn blasts in Lahore which resulted in the death of over 20 police personnel as well as lay citizens and scores of injured and APL have jointly expressed their condolences to the families of the people in particular the police personnel who died in the line of their duty and those who have lost their lives as victims and have expressed sympathies with those who are injured.
They demanded from Govt of the day to provide free medical aid to all of them indiscriminately and announce a relief and rehabilitation package for the families of those who died in the line of duty and or became victim of circumstances as one bread winner runs a whole family unit in Pakistan and without Governmental package those families will suffer sever hardships in future.
APL demanded from that the Govt of Pakistan and in particular Punjab to ensure law an order situation in Pakistan without which holding elections seems impossible and this atmosphere of confrontation must be replaced with national consensus and reconciliation. In civilized world Government’s take responsibility if they fail to ensure law and order situation especially after the incident such as the death of former Premier despite her warnings, but we do understand that accountability level of the local Govt’s is at an initial stage and resignation tradition has not been introduced in Pakistan as yet, therefore we demand that necessary protection is provided to the lay people of Pakistan who are dying at whole sale scale looking at killings on Nishtar Park, 12th May, 18th October, 27 December 2007 and now on 10th January 2008..
APL demands that SC appoints a judicial enquiry and brings those to account who have violated the law of the land as well as hold enquiry on the specific point on the root cause of this increase ‘suicidal attacks’ in the society as over 80 attacks in the year 2007 are a matter of great public concern for the internal stability and security of the country and the possible causes of such attacks needs to be known to the people of Pakistan so that with collective wisdom nation fights with this new menace. However, security of the public places must be beefed up during the month of Moharram as well as election(s) to avoid further damage.
We all hope that our collective effort is fruitful to bring Pakistan out of this turmoil and we hope that our voice reaches to those rulers who make decision(s) to listen to it and act accordingly for rule of law, justice and to save the country from imminent dangers.
Amjad Malik, MA, LLM
Solicitor-Advocate of the Supreme Court of England and Wales
Life Member SCBA (Pakistan)
Vice Chair Association 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
10 January 2008
Bhuttoo’s Murder & Probe Questions By: Amjad Malik, MA, LLM
Pakistani nation amongst a few in the history of modern times who witnesses helplessly the political and physical assassination of any potential rising leader at the hands of mighty clan of few in last 60 years. After the death of Barrister Jinnah, the nation felt that Liaqat Ali khan will take the mission forward but unfortunately he was shot in front of his own people at Municipal Graden Rawalpindi in a daylight and shooter was shot dead at the spot. Another popular leader emerged within a martial law of Gen Ayub Khan and we saw the fate of Zulfiqar Ali Bhuttoo whom western world called ‘zulfi’ a man with a vision and passion for his country who not only inaugurated the idea of making this nation an atomic power but also signed to bring infrastructure as well as the man with know how. He successfully advanced the country on the route to progress front nationally as well as on foreign front but when his wisdom and skills came nearer to serve Pakistan at the highest level he was sent to gallows and ‘was made an example’ as he himself warned. His death was a fatal blow to the state of Pakistan. Even Gen Zia on 17 August 1988 was removed by a plane crash the reasons of which is yet to be probed fairly. Then came a businessman who aspired to translate this declining economy a vibrant, powerful and progressive market and bridge in between hot waters and states of Asia and his first reign was called a way to turning this country a ‘tiger of Asia’ as said by a top magazine of its time. However his rule was toppled yet again by a powerful military dictator and he was exiled in 2000 for the 7 years slot. And last on 27 December 2007, at the surroundings of Liaqat Bagh stadium twice Premier Be Nazir Bhuttoo was killed in mysterious circumstances and was removed from the scene thus signalling that any leader will have to work with establishment or else face the unfortunate fate.
Now the million dollar question is who will probe this tragedy. If the victim party is serious to probe their leader’s death then they will have to come up with the demand of probe first and power later and if they wish to gain political advantage or sympathy vote then they will have to move forward, I feel trying to achieve both may result in getting none. If they are truly after the mystery killing a serious concerted effort may be carried out to probe the facts, cause of death and perpetrators behind this attack and may reach nearer to a stage where the hand behind it seems a little obvious but may not know exactly who was it. We have seen in the case of Princess Diana of England and Wales who was queen of hearts was killed in a car accident in Paris and years on we are still wrangling questions about her death. John F Kennedy United States President was shot dead in a day light akin to Benazir Bhutto like situation and we are yet to know the truth. US, UK or Pakistan political murders are a mystery maze and unless local establishment is honestly desirous to know the truth, its seldom found.
Now the question is who will probe, I think national investigative agencies under a high powered judicial commission which is powerful enough to commission reports from all quarters consisting of a top non controversial SC judge ideally form Sindh, top military official (at least current or former Chief of Army Staff) and top doctor (international renowned or credible) which may take assistance and rely on foreign as well as national forensic and technical support may probe the few obvious questions as to cause of death and people who physically did it and who are behind it and it can be done locally as long as Pakistani administration is serious to assist and cooperate with that high powered commission. That is only possible if the govt have not made up their mind already as to who has killed and what has caused her death and looking at interior Ministry’s negligent press statements after the death supports the latter. In any event, if the consensus is achieved in establishing that Commission, it may find the answers to obvious questions as to the cause of death, and who did it like they did in the case of assassination attempt on then Chief of Army Staff cum President General Pervez Mushrraf. Finding truth now after 4 serious top level killings in only 60 years is a matter of national importance, public interest and nation’s pride internationally which affects our status in the community of nations. If they are not serious then UN Commission or other Western countries may not be effective as well if not seriously and honestly aided locally and they too will come to a standstill at some point on the issue of who is behind it or they may find answers to easy questions and at a stage to find the last question as to who did it, the guess work may be used to aid the national interest of their countries if nothing clear and not the interest of Pakistan as a state .Pakistan which is strategically placed at a hot pot and centre of media frenzy due to being an atomic power does not deserve this treatment so giving the country in foreign hands s to play about on that serious question at a volatile time is not an ideal and practical way of reaching to the answers of the question which has become a national demand in unanimity. Whilst we must all call for justice with Be Nazir Bhuttoo still we must ask that the justice must be seen to be done. Musharraf regime will also be considering now after loosing the non controversial judges who could have handled this probe which could have given credibility even if they do not reach to the heart of questions but the damage has already been done by his own hands by nipping his own top judiciary and free media, the support he needed in this time of serious crisis of credibility.
Its time to change the course of our country and gem the crowd of people into a nation of 160 million towards building the country a strong and powerful developing tolerant Pakistan which has a role in community of Western and Islamic nations and realise too the danger the country is facing and that is not possible if from today we do not initiate the process of self accountability and march towards justice for all in our society. Establishment should look towards detained judges, incarcerated lawyers, martyred political leaders like Liaqat Ali, Bhuttoo’s, and confined heroes like Qadeer khan and disappointed Imran Khan and out of race Nawaz Sharif and ask a very simple question what was the main objective in obtaining Pakistan from the colonial powers and are we truly serving the state as was envisaged and chartered by its founder Mr. Jinnah, and why our popular political leadership meets the similar fate in their late 50’s when they are needed the most and are removed from power and scene mysteriously and is it not the time to stop at any price if we are to progress further . Shall we not call an accountability on that very question first.
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).
4 January 2008
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)
