Educated Punjab’s Uneducated Chief Minister By: Amjad Malik MA, LLM
What goes around, comes around was a phrase I heard in my childhood and the fate of our outgoing political machinery is pitiful as they are still conspiring, aspiring and dreaming of forming government by hook or crook despite the fact that air is against them, and they do not find any space in the ranks of opposition, and people of Q like a salt are diluting in the political waters of Pakistan as they have no roots in the masses on their own. They are a tribe which never go to jail and is always ready to switch sides at eleventh hour. Those who were claiming to elect a serving General ten times in uniform to the slot of president are biting their nails and the mandate is clear, in comes the chief justice and out goes the President.
Public have spoken once again, and they cheered loudly that its democracy they prefer. Once again mandate has been given to parties holding roots in the masses and we are once again at a crossroad yet again, to respect that mandate and save the integrity and sovereignty of the country or repeat our mistakes like 70’s. We must learn from the mistakes of past when we lost Dhaka shamefully, we daringly are willing to repeat such mistakes. I have been depicting the core of our problems one of which is that we never nip the evil in the bud and we always try to move forward pragmatically without caring the fall outs on state. Hamood ur Rehman commission was quick to depict our weaknesses earlier in 70’s and it tried to put our future straight but we withheld that report for decades which should have been part and parcel of our learning process. I would quote only few relevant paragraphs just to give a glimpse to show how familiar the scene was then, and even now, and I pose a question when will we learn.
The report says in the opening chapter 1, at paragraph (2), “ After analysing the evidence brought before the Commission, we came to the conclusion that the process of moral degeneration among the senior ranks of the Armed Forces was set in motion by their involvement in Martial Law duties in 1958, that these tendencies reappeared and were, in fact, intensified when Martial Law was imposed in the country once again in March 1969 by General Yahya Khan, and that there was indeed substance in the allegations that a considerable number of senior Army Officers had not only indulged in large scale acquisition of lands and houses and other commercial activities, but had also adopted highly immoral and licentious ways of life which seriously affected their professional capabilities and their qualities of leadership”.
In the report at Chapter 1, Para (9), according to Rear Admiral M. Sharif (Witness No. 283) who was the Flag Officer Commanding the Pakistan Navy in East Pakistan, said "the foundation of this defeat was laid way back in 1958 when the Armed Forces took over the country ...” While learning the art of politics in this newly assigned role to themselves, they gradually abandoned their primary function of the art of soldiering, they also started amassing wealth and usurping status for themselves."
And finally in their recommendations at chapter 5 paragraph (3) the commission reported that “The Commission feels that there is consensus on the imperative need to book these senior army commanders who have brought disgrace and defeat to Pakistan. We believe that such action would not only satisfy the nations demand for punishment where it is deserved, but would also serve to emphasise the concept of professional accountability which appears to have been forgotten by senior army officers since their involvement in politics, civil administration and Martial Law duties”.
Did we ever try to learn from our own mistakes? Our soldiers must have learnt that report by heart to try to lift their professionalism but they never could lay their hands on this report, never mind learning it by heart, and alas we kept on experimenting on Pakistan without caring the remarks of our beloved Quaid who prohibited the armed forces from indulging in politics and for the very reason tried to impinge the promotion of General Ayub khan who to him was an aspiring General.
The pity is that Generals always find people like Elahi who are ready to act as collaborators and are ready to dance on their tunes. Those good for nothing politicians are willing to select, elect or support them for demolishing Parliamentary structure & constitution, offering wily nily oath of allegiance whether its politicians or judiciary and bulldozing media without realising that we all are bound to watch the interest of state which is higher than the interest of individuals under Art.5 of the Constitution 1973. Time has come that we analyse our mistakes and hold ourselves accountable to the public and accept their verdict. General Kayani through sheer professionalism within weeks of assuming power ceased this interference in politics and had halted the activities which may jeopardise the whole political process, I think it’s a good sign as nothing has lost yet. He must initiate a drive to revive the role of armed forces which is non political and through professional devoid of lust for power and luxury as enshrined in the law and constitution of the land and he must restore the true image his tribe deserves, as luxury will kill the soldier’s lust to fight for its country. His announcement to declare 2008 as a soldier’s year is a sigh of relief for critics as it will help to promote professionalism in coup de tat fame organisation. However, the politicians as a clan needs to be robust enough and must be above board in order to revive the hope of democracy in Pakistan. Army will come if you call them in the absence of independent judiciary. West can play their role only if you allow them to, otherwise I see no role of United States in government making if the people’s mandate is respected and politicians offer full accountability and ready to go to jail even if it is at for the sake of independent judiciary, rule of law and parliamentary sovereignty and they will be revered from their detention for standing up on principles.
Now coming to the serious point as King’s party was claiming a vote of majority on the basis of their 5 years performance and junta drew their attention towards their deeds. Detained Chief Justice of Pakistan with his colleagues, incarcerated Supreme Court Bar President along with top law men, one former Prime Minister dead due to their failure to protect her, media gagging, Constitution avenue blocked for public, lay Pakistanis are without proper services of main utilities i.e. electricity, gas, oil and clean water and public is fighting for proper flour (atta) distribution was the state of play when Q league was seeking vote of confidence from masses. Nabbed Ministers, Stock exchange crashes, sugar, cement, and oil scandals, Steel Mills reference, missing people without charge and trial, plot allotments, New Murree Project amongst others, unconstitutional amendments, Red mosque, frequent killings in Tribal areas in particular Wana & dama dola, increasing suicidal attacks, and advocating for the justification of emergency actions of 3rd November 2007 actions acted like an icing on the cake of hatred against the king’s party. King’s party did not leave any stone unturned to plunder wealth, or acquire land and bribe the coercive officers whilst they could.
Having said that their so called reconciliation efforts are praiseworthy when we see the way Chief Minister witnessed silently the deportation of Sharif’s family women from Islamabad airport in 2003 via Punjab police, later Shehbaz was deported extra constitutionally on 10 of May 2004 despite Nazim Siddiqui’s implicit observation in the case of SC/55/2003. Chief Justice was tried and his hair was pulled by his Punjab Police who walked free despite a charge sheet was proven against them. Lawyers and media personnel were brutally handled by the mighty force. GEO News office was attacked daringly. On 12th May horse dance show whilst Karachi was lifting dead bodies. Expulsion orders were given to citizens like chocolates. Nawaz Sharif was mistreated and excluded from Pakistan like an enemy of state on 10 of September 2007 despite clear verdict of Supreme Court of Pakistan and finally Be Nazir was greeted with bomb explosion(s) on 18 October 2007 and later she was assassinated sadly on 27 December 2007 outpouring all the civil segment of society on streets of Pakistan. Chief Justice remained without any charge under house arrest and the worst of all his children and family were incommunicado for unknown reasons which is a blunder for which King’s party can never wash their hands from their responsibility to which public declared them guilty of failing to discharge their public duty to uphold the constitution by promoting rule of law.
From 2002-2007 Punjab has been outgrown due to development but selective progress the gulf between poor and rich widened. Nepotism went on rise and one cast preference was visible all over. Rural schools are still without proper toilet facilities and a large schools still sit on floors for tuition and in winter there is no heating facility and children have to move in open to study under sunshine. Young students without books and stipends and the alimony given to poor at the time of election in the sum of 1500 rupees was just a one off show to get their votes. In Punjab free education is still a dream which never came true and it remained confined to costly electioneering advertisements. Punjab was run through Punjab police and we saw one protestor boy was beaten with sticks and his trouser pulled down for just raising concerns for the safety, and well being of his father. Human rights reports were ignored, foreign surveys were ridiculed and opposition was nonexistent in Govt’s papers. They ran Punjab like a Ku Klux Klan who did not see any wisdom in equal treatment, rule of law, justice and freedom of expression. They gave channels licences but tried to buy their loyalty and if could not, gag their tongues without realising that slaves are only slaves until they achieve their freedom.
But with all odds public of educated Punjab outvoted ‘the uneducated’ Chief Minister of Punjab who must listen to the voice of people and try to ponder why he is thrown from the crown of luxury to a bare floor, and only then he will realise that it was all due to immense pride which in the end hath a fall and he could not wipe out the memory of the good work of the true lion of Punjab which was remembered whilst casting votes by the people of Punjab. Public have yet again spoken in favour of PML(N) in particular Shahbaz Sharif in Punjab for his hard work and he must get on as he has an unfinished business to complete what he initiated.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
27 February 2008
Amja Malik on DM TV on 22-02-2008 Post Pakistan Elections 2008
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18th amendment is in the offing By: Amjad Malik MA, LLM
On 18th February 2008 despite all pre poll efforts democracy spirit in Pakistan won the day and democrats won majority against establishment though credit goes to the man in uniform for remaining a spectator along with his en to rouge and with the announcement of both leaders of opposition parties to form a coalition government jointly there are serious possibilities of 18th amendment to the 1973 Constitution in the early days of the parliament undoing most of the provisions of 17th amendment, bringing in for Parliamentary ratification of ‘Charter of Democracy’ abolishing National Security Council and restoring true parliamentary form of governance as at the moment its neither Parliamentary nor Presidential and the General Kiyani is remaining impartial its a recipe of disaster. Parliament had attempted such action when 8th amendment was removed in a joint session in the earlier reign of Sharif and we are at a crossroad again with the similar task.
There are few problems worthy of attention at the earliest: first being the reinstatement of pre 3 November judiciary in particular Chief Justice. I for one believe strongly that with any particular judge or judges judiciary does not secure independence fully its the system of justice need revamping not the few personalities. There is a full scale judicial package required to release judiciary from the continuous barricades which hinders its genuine performance. The foremost is the syllabus of lawyers and promoting the concept of non political bar once we are truly into democracy as good lawyers in return transform into good judges. Judiciary needs independence financially too, as judges who are dependant for their salary, and allowances including pension(s) on executive are prone to get twisted especially lower judiciary. Judicial Security is also a key to provide sense of security to the man who dispense justice if he is dependent on local Police chief for his security how can he do a judicial review of his decision as he needs to go home too at some point at night therefore full security to judges handling cases against any criminal mafia, landlords, fanatics, and terrorist(s) is a necessity otherwise we will keep seeing judges are pulled from their rooms what we saw on 3rd Nov 2007. In Pakistan ‘who you know’ or ‘money’ works and self dependency with pride will promote judicial work as per law. Give judge a sense of security so that he can give you justice. There is political will required for judicial autonomy too as if Parliament and its members are willing to be accountable, I am sure there will be no ‘PCO’ ever introduced. It was not judiciary but politicians who voted for Musharraf in uniform so they bear a blame too for their inefficiencies where public and judiciary faces the wrath in return. It’s only the judiciary which can guarantee the smooth running of the work of provinces and can save the Federation amicably arbitrating amongst the bigger problems between provinces and parties and hold accountable the elements who are acting unconstitutionally, Steel Mills reference, Hisba bill and 2 Million voters registration case of Ms. Bhutto are a few examples of such judicial work, the nation demands.
Now this is for Parliament and public to answer why we need these judges back but the way they have been treated in 2007 justice is not seen to be done if they are not reinstated. How can we achieve this is very simple. On 3rd November 2007 Chief of Army Staff without holding any power in the Constitution declared emergency and offered the selected judges an oath of loyalty. Almost 70 judges refused to bear allegiance to the outgoing military general despite the fact that few had sworn loyalty earlier in 2000 for the same man. On the same day 7 members bench of the Supreme Court declared that proclamation illegal and barred the remaining judiciary to take any such oath of loyalty. Had it been army no corpse commander would have taken a step forward to be the next army chief when the head is removed unlawfully but unfortunately this was our judiciary and General Musharraf got lucky with the aid and assistance of his legal hawks they managed and found a few ready to violate that order as well as agreed to accept that offer. They went one step ahead and on an application of Tikka Iqbal Mohd Khan C.P No 87/2007 legalised the mini coup too in the same month when Constitution Avenue was blocked for lawyers and public. That decision may absolve the general from article 6 prosecutions but does not legalise coup in full terms as Supreme Court cannot grant what inherently they do not possess which is a right to make law as that is the sole prerogative of the Parliament and elected members of the people of Pakistan. So the action is unlawful until Parliament approves it with 2/3 majority.
Now on 18th February if the poll had favoured the king’s party all is fine but the result went against odds. Now the Parliament will have to make a decision which decision to accept 3rd November one by the former CJ Mr. Justice Choudhary and his colleagues or the 23 November 2007 one by Mr. Justice Dogar. I think if Parliament wishes to restore judges, an executive order can put them back in their respective courts however due to a follow up judgement of Mr. Justice Dogar a simple act of Parliament ‘Rejection of the PCO & emergency provisions bill’ is required to ensure that the will of parliament is to reject 3rd November action(s) in particular new oath and that the parliament accept 7 member SC decision of 3rd Nov 2007 as valid which will restore all judges with legal authority at once. Fate of remaining judges appointed post 3rd November may be decided by the SC Chief in consultation with his colleagues in the light of AL-Jehad Trust case subsequently. This is quite similar to what General Musharraf himself did, once he retained his presidency in uniform post 31 December 2004 in violation of Art. 63(1)d against his promise and he did that by simply passing an Act of Parliament called ‘Two Offices Bill.’ Now the will of people is crystal clear only USA needs to make up his mind, do they wish to engage with one man drowning or 160 million people of Pakistan who are rising with every day passing.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
23 February 2008
Public Speaks By: Amjad Malik MA, LLM
This is not gallop survey or western frenzy human right organisation’s guess work, people of Pakistan in reality have given verdict and have shown serious dissent to the policies of general Musharraf and his way of governance, in particular to his treatment to top judiciary of Pakistan and his own handpicked Q league stalwarts have lost their own home seats which is a clear sign of charged mood of the nation.
Sharifs and Bhuttoo’s party have landslide in Punjab and Sindh respectively and moderates in NWFP showing red card to the bearded Prime Ministerial aspirant Maulna Fazal u Rehman. These parties if can carefully muster a coalition government, it will be a big victory for the people of Pakistan which will bring continuity, stability and strength in governance. However, the task ahead is not small as they will have to be wise enough to acknowledge lawyers, media and civil society’s movement for justice and they must invite open heartedly Imran Khan, Qazi and APDM components to join them too in their coalition. Lawyers will be content if pre 3 Nov judicial position is restored and Chief Justice is brought back to his position along with his colleagues with honour and order of 7 member SC bench is given due respect and preference. If they can not achieve this then sitting in opposition may give a signal of strong character. Media men who were banned from reporting must be asked to resume at once especially Hamid Mir. And Dr Shahid Masood, however a code of conduct must be discussed along with setting up an independent complaints body for consumers and public separate from PEMRA and law of compensation for sleazy, and slanderous reporting must be introduced which will pave way for the due role of media which is acknowledged by all in the run up of election(s). I think printing and electronic media representatives may jointly draft a code which is reflective of the need of the state as well as encompassing the international norms.
Having said that, opposition voice must be protected too, now that the winning party is in government, they must treat the opposition the way they wished the treatment for themselves which they never received. Opposition plays an important part in democracy, and winning graciously is the key and ‘forgiveness’ and ‘live and let live’ principle must not be ignored. Any component of opposition may not be barred from going from one province to another, their families must not be disturbed and no false and trump up charges should be brought against them. Even if charges are made, they must be offered due process of law and fair trial ideally in the court before Justice Choudhry. I believe that political defeat by vote is the biggest revenge one may take from their opponent.
I for one am not in favour of selective accountability. Sharifs idea of holding people accountable through Saif ur Rehman and General Musharraf’s pardon through NRO are not ideal solutions and give rise to suspicion of selective accountability which people dissent. I feel accountability trials may be conducted through normal courts, higher as well as superior courts if public representatives have violated the law, they must be brought to justice and no sacred cows must be left unattended in law. However what these two parties can do is to create a political will to strengthen the judicial process, as well as the existing court system and the way judges are appointed. If judiciary is strengthened, then that truly can stop military intervention as it can play a role of a buffer zone where a military man does not need to jump in on the name of wiping out corruption. I think winners must bring true meaning to the slogan of servants to people in its true form too as people do not like big cars, grand offices and luxurious foreign trips when there is a shortage of flour, oil, gas, and sugar in the country and people are dying of suicidal attacks so simplicity could be the key to avoid any suspicion of mal administration and government should be reflective of the people it serves, a poor state in debt over head and heels.
Finally, the main man himself, I think General Musharrf must consider where he went wrong, his advisors made him a deaf and dumb and seldom showed him a true picture of his governance and he lost the pulse of the people. He did not learn even from the build up of dissent on 5th of April in Lahore when obedient subservient Chief Justice was admired as a bold courageous man for saying ‘No’ to the dictator, however he rather than understanding the will of people tried to show muscle on 12th May like a genuine public leader resulting in many deaths. Hired spectators can never make one a leader similarly a serving General devoid of legitimacy can never be a legitimate elected leader as he never has roots in the masses. He lost his constituency when he shed off his uniform and rest is history. We can divide his rule between pre and post 9th of March 2007 and he is a victim of his own deeds and may be considered an ignition of waking this slept jinni a nation of 160 million who only wake up when they are to loose everything and they woke up when they saw the country loosing its ground and institutions started crumbling. In all honesty, he could have been a leader if he had not gone for his own elections first and had held these elections post 20th July accepting Supreme Court verdict but end of the day he was a man not a saint. Its for him to decide how to manipulate his exit as military has honourably distanced themselves from him and civilian politics. However, whatever happens the game is on and people once again have vetoed against the turn coats.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
19 February 2008
Road to Justice By: Amjad Malik MA, LLM
Kindly click on the following link to read the full online version of the book 'Road to Justice' By Mr. Amjad Malik
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'JUST THINK FOR ONCE AND THEN VOTE' By: Amjad Malik
This could be one of the most uncertain elections in Pakistan where there are hundred of doubts whether they will be held as scheduled, and if yes, will it be fair and the atmosphere is not conducive either. If people come out of fear, and went to vote on the poll day then rest assured despite all the odds the next Parliament will be a mix of pro and anti Musharraf forces who will be deciding very crucial issues and one of them would be reinstating the deposed judiciary and future of Pakistan. If these elections are rigged, it will open a Pandora ’s Box which may sweep a lot of things with it as Pakistani elections have many stories within.
In the gloomy atmosphere which is saddened by the death of Be Nazir Bhutto, election process could not really attract lay men, women and children who are scared as well as the government machinery under instructions ‘to do or not to do’ their job casting spells on its fairness. Being a human being I sometime feel the pain of incarceration of family members of Chief Justice & others who are blamelessly detained and are not able to run their lives as other normal human beings like going to school, shopping meeting families etc. It reminds me of the colonial past where family members were arrested in order to make an arrest in order to try the main accused and even today our black masters could not exit from that mind set even in 21st century. Mr. Justice Iftikhar Choudhary could be the main man desired to be detained by the General, however his family’s house arrest is unimaginable, and the shameless quietness over it is unforgiveable.
The remaining election is overshadowed by sleazy campaign of individual criticism and people who have spent 5 years are without proper policies to give road map to take Pakistan out of the mess it is in economically and the recipients on the other side, rather than showing a promising scenario to masses are in fact buying the bait and showing the red rag to a bull and thus tit for tat exchange of fiery allegations. Alas, politics of personalities in Pakistan may wipe out the possibilities of ever having a public serving leaders. People may still have to bear the brunt’s of the inefficiencies of our elite mafia who is draining all resources to store the grain for their rainy days, for their clan’s well being and for their children and family’s welfare. Politics in Pakistan is a elite club of families devoid of Quaid’s vision and spirit. If Quaid had wanted what our leaders are practising, then his daughter would be running for Presidency, and his sister would have been next Governor General upon his death but did he ? no sir, but have we learnt anything from this practice of the leader of the nation, again no sir. Common man is hardly near to their natural share of those resources and on top of it the overseeing machinery (judiciary) is wiped out as well with a twitch of a finger due to mala fide advice of a few to save their skin and livelihood and we are helplessly watching the onslaught on the top law men of the state and the concept of innocent until proven guilty is tarnished. Above all, detention of chief lawyer barrister Ahsan beyond 90 days, media bashing, and expulsion orders of national heroes from one province to an other is fatal for the federation and rule of law in the state of Pakistan and national government is not in the offing as we could not develop the tolerance level required. People genuinely need tolerance and reconciliation nationally which is not mirrored from the above actions of the regime.
Nationalism is a trump card used by agencies to declare even the most loyal of the land as ‘traitors’ and worst enemies as allies. I for once foresee bigger problems emerging from these elections as when the basics are not right, then the outer product would be befitting to the origin. We all are devoid of encompassing the ground realities, that free media and judiciary is unavoidable in this day and age and emerging realities forces us to rethink how to run Pakistan and army must pave way for truly elected leadership of masses to run the country under a closely monitored institutions and the job can be better done by media and judiciary to bridle the unbridled politicians of Pakistan who have looted the dreams from the eyes of newly born children of Pakistan who all are born with heavy debts on their shoulders. Institutions are crumbling, and this system on the pattern of colonial regime is not going to survive any longer, and we need to emancipate people and engage them to think for themselves, like they did when we achieved this statehood. This apathy is killing the original thinking of a man which is never preserved in Pakistan. We need to encourage people to say ‘no’ freely, rather than keep clapping on same old stories of turning Pakistan into a dream land, we neither saw street of Paris in last 60 years nor we have eliminated poverty and have brought revolution of education in the country and in this national crime we all are guilty as charged.
Musharraf regime failed bitterly when it came to delivery on his own set 7 points so miserable’s have added misery further. One thing for sure army rule can not be the future and only public rule is the way forward and how we achieve that is a national issue for all including politicians, civil society and army men of today and the past as we must not disappoint Mr. Jinnah who must be thinking the very question why did we achieve Pakistan, was it to see people without flour, gas, oil, employment without education, health and above all at the mercy of only few who were lords then and are lords now, and where does the working middle class fit who could never get out of their daily life worries. We must ponder as to why India is able to shelter so many languages, cultures, and so many different people under one roof, is it on one man one vote principle which we ignored and free judiciary and media which we bashed & gagged. We must think why can’t we, if the country was made on the same principle. Just think for once and then vote.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
13 February 2008
‘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)
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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
