'Messiah turned out to be a human after all' By Amjad Malik MA, LLM
It was over jubilation after new found freedom or the effect of 4 months unlawful detention that Iftikhar Mohammed Choudhary took the office of the chief justice with him to pay condolences at PPP Co chair’s residence. It’s an ill advice of half lawyer half politician leaders who sometimes are trapped in between party loyalty and the cause of independence of judiciary and forget that judge’s reinstatement is not an issue at all; the issue is their complete autonomy and independence. With this speed the way things are developing, we may get the jobs of those judges back but the process may affect the capacity of top judge to dispense justice on equality basis. Critics will expect Mr. Choudhary to visit now Altaf Hussain over the death of his relative, Nawaz Sharif at his aunty’s death or at least General Musharraf for loss of his relatives of Q in the fatal elections of 18 February 2008. This new found tradition is fatal for the independence of judges and the cause of judiciary, at best condolences could be sent with a message card and a bouquet of flowers. If the judges are made to feel obliged over the bold stance of parliament or political leaders then it will make a mockery of justice and only the employer will change, and judges will remain obedient of one door to an other.
It is not right for the Chief Justice to visit politicians who are still under trial as it is not customary for judges to have formalities with rulers or politicians especially if they are not their next of kin. Opponents are already raising concerns and calling it an over politicised judicial issue. The sting which is the key of lawyer’s movement is the pride of a top judge who said no to a tyrant and bore patiently all the tricks and ill wills of his machinery and the nation wishes to see the judiciary above board, who could dispense justice freely without fear, faith and security, and financial autonomy. New born judiciary could also play a role to separate administration from justice completely with a recommendation of a viable judicial appointment commission which appoint clean judges. We also need to promote non political bar so that lawyers who head law movement remain committed to the cause of judiciary and in return become non political judges later in their careers and provide justice at the door step of a common man. It’s a dream for which junior lawyers and civil society and media laid their lives and there will be hawks waiting for the weaker moment.
Justice Ramday rightly said that it’s not a matter of seeking their jobs back, it’s time to make a decision what sort of judiciary 160 million people want, a subservient to one man judiciary or judges who say no bluntly to the wrongs of the government. Post 20 July Chief Justice refused to meet General Musharraf, Attorney General and aides of presidency and after current release Jamia Hafsa students which was a right step towards right direction and must continue but he must also consider forming a jurist committee consisting of 3 former chief justices who could now counsel until his restoration on his future conduct issues as I fear during this heart felt struggle one step out of line may make his conduct questionable where it will be arguable whether he will ever be able to dispense justice equally in particular with the opposition of Q league, MQM and General Musharraf. In these top judicial slots margin of making mistakes is very little and this mistake must be acknowledged and lawyer leaders must own responsibility and apologise to the nation in particular junior lawyers who felt it greatly.
People of Pakistan did not lay their lives to see a judge visiting the rulers which may seem an exercise to clear reservations or settle terms in order to seek his job back, its vice versa people want the rulers to come at the door step of the top judge who must be acknowledged for his steadfastness, bold stand and bravery and masses do not want the reinstatement of justice choudhary if it is not with full pride and honour, but they want to see the restoration of the prestige of the office of the chief justice who was detained with family, ill treated, and mal handled by state functionaries and law enforcement segments. It will be quite in the interest of ruling party to take the lawyers struggle down by slowly defusing the popular slogan of reinstatement and or bending the top man, however with wisdom, consultation and pride these tactics can be defused and jurist committee is a step towards right direction.
I have no doubt that this newly invented custom is not just at all, and is based on ill advice and is reviewable and I must say that one judge and a judgement can not restore the independence of judiciary as its an ongoing process and we need a constitutional package for which political will is the prerequisite to promote such mind set to respect the rule of law in all aspects of our lives. Our Chief Justice have only two doors to open one of his ancestral home where he will retire and the other opens directly into his chamber in the Supreme Court of Pakistan. The whole nation has invested their hearts and minds on the struggle of one man who showed bravery in the worst of times, and by following blindly the political lawyer leaders who are not judges proves a point that our messiah turned out to be a human after all.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
28 March 2008
Video Link:
Amjad Malik with Faeza Dawood in TV programme 'Focus with Faeza Dawood' on 05 April 2008
Video coverage of Mr. Malik's short visit to Pakistan in March 2008
Please click on the following links below to watch the videos of the short visit of Mr. Malik's short visit to Pakistan in March 2008 and video of his address to Faisalabad District Bar Association.
http://www.youtube.com/watch?v=OV8aVstL75E
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Silent Revolution (2) - By: Amjad Malik MA, LLM
My brief visit to Pakistan in March was welcomed by suicidal blast in Lahore FIA building and farewell attack in Islamabad restaurant resulting several deaths and injuries which pose a serious question of law an order situation in Pakistan where some ordinary citizens still believe that its more of self created problem and may be some agencies involved in it. Opinion is divided which is fatal for Pakistan as govt of the day has failed to send a message across the gravity of situation where unknown sophisticatedly armed men are willing to die with hundred others to score some political point, is it a revenge or the foreign invasion of different kind. It may be the failure of Musharraf regime to properly advocate in favour of their ill thought policies which are back firing. As a nation Pakistanis are not trained to an extent where they can stop any danger coming towards the state in fact, we all awake when the water is above the danger threshold, and nationalism is no where seen in Pakistan and alas Qauid e Azam Mohammad Ali Jinnah is confined to portraits and ceremonial status. His sayings and doings are hardly remembered in particular by our rulers. If they are acted upon from the beginning or even now, we would not be in the mess we are currently in.
12th May massacre showed the tendency of rulers to an extent they may go to suppress lawful drive for constitutionalism in Pakistan, however, the way nation behaved over the tragic death of late Be Nazir burning their own train stations, looting banks and blowing businesses and damaging properties is a worrying sign for the flag carriers of federation. We need to knit ourselves to one nation without caring our geographical heritage or regional location in order to combat the 21st century war of information. Of course, language can play an important and integral part in carrying the message and none other than Urdu could be used to broadcast national message which may be understood by all as if you speak in foreign language how can you convey your message in a borrowed language. I would go one step further and would recommend national disciplinary service to train the whole nation towards rule of law & basic defence drive so that we as a nation start to learn respecting the law of the land.
Common Pakistanis are hit by price hike, lawlessness, and are suffering due to lack of educational, health and social welfare facilities and above all we are perturbed by political Mullah’s role in our day to day life. Extremism is multiplying and lack of stable political activity is doubling the radicalisation in our attitude where poverty and unemployment throw a bait to the rich mafia to do dirty and manipulate our young uneducated radical mind to use suicidal attacks as a fire work. Political business reduce tension and put people on table to solve problems. Pakistan needs a national drive of reconciliation to set up a political system and ponder on a serious social charter where nation which lacks infrastructure can come nearer to a dream to get justice, economic strength and basic necessities like free education, state health service and employment. New govt must consider granting the dictatorship ridden Pakistan a ray of hope where social welfare dream comes true. A lay person gets justice at the door step due to devolution of justice system to the town level, poor gets flour to eat bread and gets employment and his sick mother can be treated free at a national hospital and his daughter can go to school trouble free at state expense. At the moment people in General Musharraf’s Pakistan are on the street with mobile phone in their hands crying for shortage of flour, sugar, oil and high price petrol. ‘Work work and more work’ must be the aim of the nation who achieved the statehood after sacrificing 4 million souls in 1947 and democratic parties must show sensitivity befitting to the situation and try to promote culture of democracy within their parties and try to bring the politics of issues back in business and remove high level investment out of electioneering. As it stands politics is a cup of tea of a investor mafia, landlords, successful business men or retired bureaucrats and lay middle class cannot even think participating elections as normal election cost around 20 million Pakistani rupees and one who invest that much would definitely wait to double their investment once elected. The whole business of politics must be brought back at a cup of tea rather than a tea break with a roast chicken and India’s example is in front of us.
We must foster new traditions where live and let live must be the motto and the whole nation must be taken into confidence in this national drive of building Pakistan once again. We are once again at a stage where we have to decide and revive the principle and discipline ourselves to beat other nations with progress, modernity of mind and prosperity of our life style where we are well versed of our Islamic teachings ourselves so that mosque leader does not take advantage of our ignorance and interpret Islam the way he likes. Pakistan is in serious trouble at the hands of a few and the nation can beat this faceless enemy who is after its progress, modernity, and conservatism if the difference between our sayings and doings is eradicated and we all work for national cause. Pakistan first seems a popular slogan but do the rulers really mean it. Pakistan day begs this very question if the country comes first then why the whole nation is witnessing unprecedented oppression against the chief justice and his fellows who took a stand to preserve the interest of state first than the interest of a man. Is it not what Article 5 of the constitution 1973 says, “ (1) loyalty to the state is the basic duty of every citizen.” Lets all be loyal to the state of Quaid e Azam on this 23 March and onwards.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
21 March 2008
Silent Revolution (1) - By: Amjad Malik MA, LLM
Public have silently spoken through ballot putting added pressure on our political clan who always fall a prey to pragmatism and accept defeat before even the battle starts. Lawyers moved, bench stood up, media bore with the bashing honourably but only the clan of Q did not move and surrender to public demand and in the end they fell badly from their throne as pride hath a fall. Now public with sheer wisdom have given the task to the new parliament to sort out the mess the country is in rather than boycotting or bringing an orange revolution which is in true sense a silent revolution where opponent is defeated though still alive.
I foresee many tasks which are coming before the new Parliament and I will divide in 4 issues, constitutional, judicial, Social, and nationalism. I will talk on first two in this essay. First and foremost task ahead is to liberate the Parliament from the unseen pressures and fears including Art.58(2)b. There is no doubt that we have mutilated the constitution badly into a position that its neither Islamic nor UK or US style, its a mixture of all three and its neither Presidential nor Parliamentary. Parliament needs to at once resort to constitutional overhaul to bring it back to the place where it stood on 12 October 1999, sooner it is done the better it is. We also need to determine the role of army in politics. Hamood ur Rehman commission was quick to depict our weaknesses earlier in 70’s and in particular I quote one sentence from 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 " 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." We need to decide, do we still wish to keep the role of army in our politics, if yes, Parliamentary defence committee could be broadened further giving more representation and say of army commanders in it. If the answer is negative, which to me is just, then Parliament may consider amending the Article 6 finishing ‘the law of necessity’ and creating a free standing clause that any commander of armed forces who invades the parliamentary sovereignty and abrogate the Constitution will stand dismissed from his post of government service and SC will initiate the trial under Art.6 of the Constitution of 1973 forthwith and give judgement within 90 days and his deputy will take oath as acting commander of armed forces whilst the article 6 trial is pending. I think we are ignoring the development, India and Bangladesh have made to curb this tendency to coup de tat especially in the promotion of officers of the armed forces and these promotions from the rank of Lt. Colonel may be brought under Parliament ideally before defence Minister and Chief Executive, of course with the recommendation of their commander to bring the officers who are ready to die in the line of duty for their country to be accountable to civilian authority. It is similar to judges, higher officials of police and civilian machinery. There is no shred of doubt that Pakistan army is one of the finest and can do any task given the opportunity however, its past record of bringing in 4 martial laws in the short span of country’s 60 years life speaks for itself that there is a need of genuine thinking to make this organisation parliament friendly and new army commander with his wisdom and consultation must consider to compete with other armed forces in the region as well as bringing it to some sort of legal excellence, thus by default promoting the parliamentary form of democracy in the state of Pakistan.
Second most important task would be to create an independent judiciary which in true sense can act as a buffer zone between the power struggle of politicians and Generals and may act given the opportunity as an arbitrator to absorb all the shocks to the state and handle any tussle between the institutions in accordance with the law of the land and where provinces have a grudge with the other, it can safeguard the national interest. Looking at the scene very few legal stalwarts are left untarnished by the mighty, but still bar, bench and media can take this struggle further to strengthen the judiciary in true sense. Dream of independent judiciary though does not suit the rulers military as well as civil but inevitably is the key to stop military interventions in order to bring true democracy. However this independence does not come easy. Lawyers need to keep its ranks politics free and work hand in hand with the bench. A lawyer’s work must start from its professional service and must peak to the highest ranks of the bench. If lawyers wish to play a political role, they must continue their politics of electioneering, however to promote the fairness and independence they must consider not to act in dual capacity being an office bearer of a political party and elected member of bar thus avoiding unnecessary conflict of interests as there is a room of both interest ever conflicting. In that case either you can be loyal to one party or the Bar & cause of judiciary. Judiciary as an institution also requires financial autonomy, complete separation of power from executive, a crystal clear method of appointment of judges, and they must be held to account only by Parliament. They must be facilitated for their ongoing professional training and mentoring, personal security, as well as constitutional safeguard from executive man handling. Its a dream which has no complete answer and can only be achieved with the passage of time if necessary steps are taken. If our children in schools now study law and attain the right to judgeship after duly required qualifying criteria with the environment predicted only then we can say that the judiciary is on the sail to its freedom and independence. It is not liberated with one decision as happened on 20 July 2007 and it will not be liberated with one man as was the case with Justice Choudhary as still Nawaz Sharif was deported on 10 of September 2007 which shows the clear conviction of the establishment on the topic. Its an ongoing struggle which requires vision and political will to facilitate that atmosphere in which a judge can dispense justice. The image of detained judges with families is horrific one and its a night mare for rulers who have received their first instalment by way of 18th February election results and if the mandate is not accepted then people may take to street to embrace the detained judges and escort them with their full honour to their courts by force as rulers may not accept the power of vote and that’s the language they are promoting ‘might is right’. That’s the way things are in General Mushrraf’s Pakistan where government is constituted and run by force and people are coming to a stage where they will feel that judges need to dispense justice by force too, though the anomaly is very dangerous but someone should listen to the verdict of janta too the lonely voice of silent majority who always remain out of touch in the country’s national business. People wishes to see Quaid e Azam’s Pakistan in which judges are not detained, media acts free and Parliament is sovereign and army protects the borders of the country, that’s for 4 million people laid their lives to bring this dream come true. Thank God Quaid e Azam Mohammad Ali Jinnah is not alive to see all this lawlessness otherwise he would have caught the collar of the ruler and would have said, ‘what have you done to my Pakistan’.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
5 March 2008
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
Kindly click on the following links to watch videos:
http://www.youtube.com/watch?v=aRRu35t6P-k
http://www.youtube.com/watch?v=x1fZhlw1Bag
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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
http://issuu.com/valiantpk/docs/road_to_justice
Thanks
'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
