PUL SIRAAT : It’s a matter of when By: Amjad Malik MA, LLM
Pakistani politicians are undecided to show political will to restore deposed judges most of whom were detained as a result of semi coup of 3rd November 2007. I am of the view that if ‘political will’ is present the matter was easy to resolve by facilitating access to their respective courts so that they start function from the day 7 member bench gave a decision not to issue PCO and barred judges from taking any fresh oath other than the one they have already taken, however if there is a little doubt as to the suitability of those judges to our corrupt elite then pragmatic politicians are ready to find 101 excuses to sacrifice those 70 judges who said ‘no’ to show loyalty to one man over their Constitutional obligation.
When constitution fails to address the popular demand then unconstitutional means follow, that’s exactly I am foreseeing which is not visible to rulers from their palaces. People are not willing to cave in their national demand and rulers are adamant to ignore it and are pushing the pubic to wall to a time where judges will have to hold courts under the trees. Neither Musharraf regime accepted 18th February mandate nor the newly elect rulers understood the meaning of the silent revolution by vote. They are still underestimating the existence of a bigger force which is still out of parliament as a result of their principled boycott of the General elections and any little weaker signal will ignite a fire which will not be extinguished by mere statements, claims or declarations. Chief Justice and lawyers must understand that the way judges were deposed, only the same way they can be restored and there is no question about it and the day CJ was released his first step as announced could have been to attempt to go to his office to take charge than visiting the house of ruling party leader. That would have made his principled point and the worst could have been a period of further house arrest but that would have been a lot better than falling a prey to this pragmatic mind wrangling of the politicians who will take judges from one committee to another and will make the nation to count up to 30 forwards and backwards for 5 years and all this exercise lawyer leaders and judges are not a party too. Pro political party forces in lawyers though in minority are still up with a task to bottle this struggle but I think they are bound to fail as the problems in the country are so many in number(s) that without justice and honest political process, one may put the bandage on the soar temporarily, but may not cure the wounds and at this moment the nation of 160 million people needs a healing touch, a good news which could be in the form of restoration of judges to take things forward.
Top two Coalition partners have major differences too which are showing day by day. Ruling partner wishes to seek maximum control over administration and strength in provinces before creating a situation for hardliner Sharif to understand that its ‘no’ ‘no.’ Sharif who is at a ‘do or die’ crossroad where his vision of democracy without deposed judges is bleak and his mandate does not allow him to move an inch from his uncompromising stand though in politics nothing is concrete, but both partners with different ideology, manifestos, and history are hugging each other at the same time keeping an eye on the next elections trying to see in each other’s heart and reading mind. This Jewish Muslim marriage of convenience has structural flaws which cannot be corrected with minor cosmetic surgery. I think the coalition is walking on a tight rope and one partner who is pro west, has a quasi understanding with the President which is visible from Confidence building measures of an advanced exemption certificate in the form of NRO, with billions intact in kitty and lifting the condition of BA for election candidacy through courts show that ruling party has a possible capacity to work with the league of remaining Q and MQM and they are waiting for a better time where they do not have to say it but Sharif understands it himself that they cannot work together and buck stops here.
Sharif however has to decide when to sit in opposition as if the 30th April deadline is gone without achieving its desired results then to me this will be the first and final test of mutual cooperation. Afterwards, he will be up for challenges at various fronts if not on 18th amendment to restore constitution at 12 Oct 1999 stage then on Qadeer Khan’s release, If not Lal Masjid trial then on issue of MQM joining the Federal Govt or if not on 12th May incident investigation then on issue of Western influence in our tribal belt. In a nutshell he has many a mountains to climb with a trust deficit. There are major issues of contention with coalition partners and unification of most of PML as well as gathering APDM forces coupled with lawyers could be the way forward to restore truly a two party system as well as 2 forces of ideology in action where it will revive democratic spirit in the country as ideally conservative leader Sharif is best suited to the role of strong opposition in centre than recently discredited Elahi in polls to confront Musharraf as well as ruling pro West moderates.
General Musharraf is gaining support day by day and no one else but ruling party has resuscitated him otherwise no one else in his situation could have allowed the rumours of using 58(2)b as well as putting fronts for seeking stay orders from Dogar’s court against any potential restoration of judges executive order. Musharraf’s partners are all seeing in one direction as he is in demand by west being a guarantor of the 11 billion and change as well as being the signatory of the alleged tacit understanding of fire at will and the shopping list of the United States which the country is servicing.
In these circumstances independent judiciary, true parliamentary democracy, and rule of law and constitutionalism is a dream which requires sheer understanding of the events unfolding and hypocrisy of our ruling elite who are reluctant to allow the people of Pakistan to snatch sovereignty of the state once for all from the clutches of mighty. It requires continuous peaceful struggle where they will have to throw above board matchless individuals immaculately in the parliament through a national struggle over the longer period keeping themselves clean and by rule of surviving. Pakistan’s pragmatic parliament has shown why military dictatorship prevails in the country and the reason of 4 coup de tats in only 60 years is their own inefficiency by not to allow a stronger judiciary which could stop the smooth taking over’s by military men in violation of Article 6 of the Constitution of Pakistan. Both institutors are equally to blame for promoting the idea of take over as one invites them the other grants indemnity and legality. For 9 years people in particular opposition have been crying to ouster military from politics and the first thing the Prime Minister does is to invite all corpse commanders including their chief and President Musharraf to sit with politicians at a dining table with music and dance around, then in this changed environment how can you practically manoeuvre their exit which gives a wrong signal of accepting the concept of troika thus ditching the struggle for rule of law by default. Coalition partners are on ‘Pul Siraat’ walking on a tight rope and on any one day and on any particular issue they are bound to fall and it’s a matter of when.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
25 April 2008
12th May tragedy & new challenges - By: Amjad Malik MA, LLM
April was a month to mark the achievements of our national poet Sir Allama Mohammad Iqbal who with his visionary poetry tried to wake our long slept nation as well as ummah and declared our youth ‘eagles’ who with their strong character and intelligence will earn repute for their country in the community of nation. Sir Iqbal died on 21st April leaving a vision and hope for the Muslims of subcontinent, a dream of a separate homeland called Pakistan. However those eagles were burning people alive in the chambers of Tahir Plaza on the sad day and Karachites saw the vivid reminder of them all of the 12th May massacre when Chief Justice was returned from airport and his colleagues were expelled, dead bodies were lying in the streets and goons were operating for good 6 hours shutting down all accesses to justice and by silencing the voice of channels through bullets. The answers to unsolved mystery are yet to be answered by a high powered commission.
England too saw northern Ireland conflict where people of Ireland fought for their rights and struggled with their political faction (Sin Fein) and advanced their argument with violence wherever they thought through IRA (Irish Republican Army), however in the end to get accepted nobly they had to lay their weapons to sit with the loyalists of the country to make a strong political argument.
I believe that drive of MQM to canvass nationally for elections was a way forward to get accepted nationally that they have a role to play in national politics and it would have been a service to the country if that had happened. However 12th May was a day which badly damaged their national role and all thanks to the policy of one man. If on that day the party had refused to do dirty what Choudharies already rejected on 5th May in Lahore, Mutaheda would have secured reputation as well as some stance that they have an independent position in the ranking. However, rather than renouncing violence, arson, blackmailing, harassment and subjugating the will of free people, they have failed to protect the public on the 9th of April 2008 and people witnessed the worst of its kinds atrocities in the form of burning law chambers as well as burning human beings alive.
Whatever the argument for or against operations against a political party, it was a wrong one, political matters are best to be dealt with politically on negotiation tables. However, when one tries to solve problems with might, it always backfires and same applies to Karachi. People of Karachi are under siege devoid of free will and a voice as their voice is nipped and they are portrayed as victims. This internationally renowned city has a lot to offer to the country in its national development. All the commercial business as well as the main port for transportation of goods is situated in the city. Quaid e Azam international airport is one of the biggest of the country and its time that the people of the city are served the way they truly deserve.
People of Karachi despite having talent, skills and intelligence have housing as well as employment issues. Multi story flats are housing millions without proper care and national service facilities despite the fact that Altaf Hussain have read the blue print of UK public service system where in 6 minutes police, ambulance and fire brigade come at the door of a person who dials 999 in emergency and hospital treatment, basic education and most of the services are free for all indiscriminately. Why similar treatment is not offered to the people of Karachi in last 9 years, and they are thrown in the cross fire is questionable. The state of the art development which is offered in the last nine years falls a victim to the atrocities or riots at the hands of one or the other political rivalries and rather than youth competing with Indian counterparts in contributing national development, art, science, and IT, instead they have guns in their hands and mask on their faces fighting politics of lost cause.
MQM is a political reality in Pakistan and has a lot to offer. Time has come to learn from the mistakes and experiments in the west where no one could win the struggles of their rights by using might or weapons example of Sin Fein in Ireland, and role of Nelson Mandela in apartheid is a clear path to follow if people of veteran Altaf Hussain truly wish to translate his majority into achieving physical objectives. National reconciliation is not a box of chocolates limited for ruling elites it applies to MQM, BNP,ANP and all others who have nationalist instincts the only condition is that time has come to abandon militant outfits of the political party as Pakistan does not afford any confrontation. In this light, MQM’s decision to sit in opposition will promote democratic spirit and their role must be accepted and protected too.
Quaid e Azam in his tomb must be seeking answers to the very question that if he has not achieved independence, at least it would not be Muslims who would burn each other in Karachi as the blame would have gone to opposition like in Gujarat riots. Is it not time that we all transform this country into Quaid’s Pakistan and policy of live and let live is followed in its true spirit. At this twilight a decision needs to be made that Karachi will talk of national politics but not through bullets, and that’s what people desires from public representatives to protect and represent the people.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
14 April 2008
UK Lawyers Condemn inhuman treatment of Sher Afghan and Arbab Ghulam Rahim at the hands of unlawful elements
Association of Pakistani Lawyers a team of Pakistani origin lawyers, Solicitors, Barristers, Judges in UK jointly condemn in highest terms the assault and inhuman treatment of Dr Sher Afghan a former Minister of Musharraf regime on 8 April and a senior politicians as well as Arbab Ghulam Rahim former Chief Minister Sindh on 7 April 2008.
APL demands that a judicial enquiry must be authorized which is time barred in order to bring those to account and justice is met with those who have violated the law of the land as governmental enquiry will be a pointless exercise as APL have witnessed the enquiry of Nishtar Park incident, 12 May Massacre, 18 October attacks on Be Nazir’s procession and 27 December 2007 assassination of Be Nazir twice Premier of Pakistan. APL also requests that lawyers must remain calm and assist the law enforcement agencies with the investigations to catch the culprits behind this incident.
APL asserts that ‘black forces’ are at work to undermine the political process as well as undermining the civil administration in Pakistan. These incidents also smell negative designs and judicial enquiry can put a lot of things at rest in order to run the civilian rule in Pakistan. APL have asked the lawyer movement as well as civil society to be vigilant as these incident give rise to a suspicion of a ‘mind set’ in Pakistan which does not wish to transform power to civil rulers which needs to be checked by lawful attitude and civic struggle, with unity of thought and continuous struggle of heart and mind.
APL demands that despite all ill will and reservations, opposition voice must be protected. Now when the winning party is in government, they must treat the opposition the way they wished the treatment for themselves which they never received in last 9 years. Opposition plays an important part in any healthy 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. APL believes that political defeat by vote is the biggest revenge one may take from their opponent.
APL further express their view that Barrister Aitzaz Ahsan President of SCBA must consider taking his resignation back at this critical juncture of the lawyer’s struggle and if the Govt has not resigned after 12 May, 18 October and even after Be Nazir Buuttoo’s killing on 27 Dec 2007, thus this is not the event which merits his resignation.
APL however feels that separation of political position(s) from that of lawyer’s struggle’s leadership is totally a different matter and is quite akin to the announcement of even ruling party policy where they have asked their Ministers even PM to vacate their own party positions to avoid conflict and to promote political party’s work. As a result there is a room of an argument that lawyer’s struggle if at one stage turns towards a political party who does not deliver on its promises may create problems for the loyalists of that particular party and conflict may arise which at that juncture may damage the struggle and the cause. Lawyer’s struggle for rule of law, and justice is an ongoing process to liberate Pakistan’s judiciary to a position where it may play its due role duly given in the constitution of Pakistan 1973.
APL hopes that Lawyers, media and Civil society’s contribution is fruitful to bring Pakistan out of the series of crisis to save the federation and country from imminent dangers.
Amjad Malik, MA, LLM
Solicitor-Advocate of the Supreme Court of England & Life Member SCBA (Pakistan)
Vice Chair Association of Pakistani Lawyers (UK)
149a DRAKE STREET
ROCHDALE, OL11 1EF
TEL: 00 44 1706 346 011
FAX: 00 44 1706 346012
MOBILE: 00 44 7770 983308
EMAIL: APLRochdale@aol.com
8 April 2008
War of Terror By: Amjad Malik MA, LLM
9/11 was the most tragic incident in this decade which brought so much hatred; vengeance along with it, as well as, it brought the ancient civilisations on to a flash point where tolerance and forbearance was lost somewhere down the line. Along with it came the new drive of a war against terrorism where enemy was unseen and it was a myth and ‘religious terrorism’ was invented prejudging the billions of people of one faith linking to intolerance and radicalisation. Pakistan too was asked to submit to the mighty power or was asked to face the consequences and be ready to go to the time of caves. Unlike Turkey who rejected an offer of over 35 billion aid package in exchange of allowing the mighty to use its territory to turn Iraq into rubble, Pakistani rulers devoid of legality in its newly installed regime caved in easily without any honourable settlement of their outstanding debts or without guaranteeing and addressing any threat to their national security in the form of retaliatory attacks. When we look back US is asking receipt and weaker can only give explanations as Sovereign states seldom plunge their soldiers into a war whose results and risks are not calculated.
Pakistani army has lost around a thousand soldiers as a result of their active participation in the north of their country bordering areas of Afghanistan. In North and South Waziristan locals are taking up arms against its own military personnel. Both sides are picking up dead bodies and both sides are declaring them ‘martyrs.’ In civilised countries issues pertaining to country’s sovereignty and integrity are presented in parliament for approval however same countries support weaker regimes in order to avoid a parliamentary oversight over sensitive matters. Pakistan is giving its unstinted support to United Sates for the second time. Last time it came to the region in 70’s, Bhuttoo was hanged prior to its arrival. This time post in 1999, Sharif was not less than Bhuttoo in receiving the similar treatment when he was exiled for a period of 8 years and he was facing a charge punishable to death. When I compare this with UK’s Prime Minister Tony Blair who strolled after completing his half 3rd term in office and was made an envoy to middle east, I was trying to understand as to why in third world countries strong Parliament is not supported by the West. I have seen that only lip service is provided on the name of restoring true democracy, freedom of judiciary and media in military regimes only to tame the incumbent rulers to join the club or face the music.
Time has come that newly elected government of Pakistan post 18 February brings all those items for approval of Parliament including any tacit understanding between two countries which is used as a back ground to use fire at will in the northern areas of Pakistan and missiles are landing like fireworks and people of Pakistan are facing suicidal attacks almost every week nearly 80 in 2007 alone. Parliament must pave the way for a better understanding on the issue considering war on terror as an international issue and contribute according to its worth and in line with their requisite international share. I think it’s also worth considering Saudi King Abdullah’s suggestions to form and international intelligence sharing mechanism in order to combat the worldwide common menace of terrorism. If we do not trust to share then we will always be pointing fingers. British Home Secretary Jackie Smith during her visit to Pakistan rightly said that terrorism is a global and joint problem and as UK and Pakistan are finding each other’s accused in each other’s countries therefore only a joint cooperation can foil the plots of organised criminals.
Parliament is up with a heavy task either to show whiter than white philosophy and show maturity to take the peg from military to run the state as it deserves or continue beating the opposition politicians with shoes as if that’s the only way to revenge. People have forgotten that Late Be Nazir declared ‘democracy as the best revenge’ from dictatorship and Progress and success is the best reward this newly elected can give it to its voters. Pakistan is up with severe challenges to its economy, security and system including institution(s). A healthy political activity can reduce tension amongst institutions and pave way to reduce radicalisation of mind and aggressiveness in the attitude, trying to address common grouses which jeopardise mutual harmony and good will. Federation stays if the tolerance in true sense is practised and preached. Ball is in the court of politicians to come up to the task as it’s never too late, they need to abreast the challenges and bring some revolutionary changes in the social sector giving relief to a common man, and newly elected must see eye to eye to the challenges the country faces without losing its allies but saying ‘no’ to our old masters where it deems necessary, bring judiciary to a standard of at least our glorious heritage and run the system of civil administration smoothly addressing all the threats to it from within. Qauid’s Pakistan is waiting for people of Pakistan to deliver.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
8 April 2008
Mr. Amjad Malik live interview in Your Q&A with PJ Mir at ARY TV
Please click on the following links to watch the videos
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http://www.youtube.com/watch?v=LMtwgFIss7Y
UK Lawyers agree with Supreme Court Bar to work jointly for rule of law and justice in the country
Association of Pakistani Lawyers a team of Pakistani origin lawyers, Solicitors, Barristers, & Judges in UK expressed their willingness to work with SCBA and fellow lawyers fraternity in Pakistan for rule of law and justice in the country. Delegation(s) headed by Syed Zulfiqar Bukhari Secretary SCBA 2007 and APL delegation consisting of Mohammed Rafiq Chair and Amjad Malik vice chair APL exchanged views and ratified their commitments on a declaration signed on 14 September 2007 where Amjad Malik Chair of APL lead a team of APL in Pakistan on 14 September 2007. This was series of events organised by APL in the wake of lawyers struggle for independence of judiciary and this was second delegation of SCBA in second consecutive year. APL earlier signed a memorandum of understanding with Punjab Bar Council too to foster relations between lawyers community of both jurisdiction. APL presented a certificate to appreciate SCBA efforts during Chief Justice’s struggle in particular in 2007.
Both delegations agreed on the following points and signed a memorandum in Sept 2007, the salinet features of that agreement are as following:
“IT WAS AGREED BEWTEEN APL & SCBA WHICH IS AS FOLLOWING:-
1) Law & lawyer Community: APL and SCBA agreed to continue their for the rule of law, justice and for the cause of lawyers benefit and agreed to the following objectives in their last meeting on 14 September 2007:
· to continue these bilateral visits for mutual co-operation and pooling of knowledge amongst the legal fraternity with Pakistani connection or origin and for their welfare and promotion in their legal careers or professions in accordance with the rules and regulations of the Law Society of England and Wales and Pakistan Bar Council and relevant national legislation. Where ever necessary, amendments will be brought to advance the case of lawyers for the cause and betterment of common man.
· to interact with the judicial, administrative and legal professional bodies and individuals in England (UK) and Pakistan, in the areas of law, constitutional matters, legal and professional affairs and other related issues to lawyers and common man.
· to work in promoting and upholding the dignity, nobility and high status of the legal profession and to assist the lawyer as well as mainstream community in solving their problems and any conflict and differences.
· to help the Pakistani community in becoming aware of their legal rights and their obligations in abiding with the laws of the land whether in Pakistan or United Kingdom and or abroad, and in becoming good citizens with high morals.
· to promote interaction and co-operation with other individuals, associations & institutions, Governments, and professional bodies and to facilitate an environment in which the above aims and objectives can be achieved democratically and fairly.
2) Pakistan: APL and SCBA agreed to speed up their efforts to bring about a positive change for the betterment in Pakistan’s political situation and it is hoped that the endeavours of lawyers and common men as well as democratic leaders will restore true democracy in Pakistan. Both agree that Pakistani nation which is strong in mind and rich in culture deserves to see a change in their country’s political landscape and deserve democracy and jointly wish to work towards ridding the nation from continuous military rule and provide a parliamentary democratic structure in line with 73 Constitution with rule of law and justice as its salient features and both agreed that general elections must be held under a neutral care taker set up with a powerful independent election commissioner and international monitors must be allowed to observe those elections and judiciary must be allowed to work independently and no one must restrict the exiled leaders entry to Pakistan as guaranteed by Article 15 and all the political leaders must be provided access to courts and due process of law if they are forced to face trials instead of public accountability.
3) Chief Justice Reference: APL and SCBA congratulate each other societies respectively and all the legal fraternity for their show of courage, unity and strength to work for the cause of ‘independence of judiciary’ and to safeguard the respect for the office of the Honourable Chief Justice and utilising all possible mechanism available to seek justice as well as restoring the respect and dignity of the profession which it truly deserves. All the world is considering the struggle of lawyers and civil society with admiration for which all the lawyer community deserves great admiration.
4) Terrorism: APL and SCBA agree that both the countries along with the world face the horrific emergence of the acts and threats of terrorism ad condemn use of terrorism to achieve or make a political point as both agree that loss of one civilian life is loss of the whole humanity. . It was resolved categorically that terrorism in all its forms be condemned and that there is no justification for acts of terrorism and violence to be used to further any political cause or for terror and violence to be used to meet any justified goal. It was further resolved that concerted efforts need to be made by those wishing to eliminate the menace of terrorism to find and truly understand the root causes of terrorism and invest time, expertise, diplomacy and other legitimate methods to address underlying problems that cause severe desperation in the hearts and minds of the oppressed that could lead them to commit these crimes, this needs to be done so that the world can rid itself of this horror effectively and permanently.
5) Discrimination: APL and SCBA agree that the problems of discrimination need to be addressed in the legal communities of both Pakistan and England and Wales (UK). The resolution calls for the need for discrimination problems to be addressed effectively and the need for integration and mutual adaptability to be harnessed accordingly so that qualified lawyers, advocates and members of the judiciary from Pakistan can interchangeably be coordinated with similar legal roles in the UK and vice versa. It was resolved that the requisite skills, education and experience of the professional lawyer should be at the forefront and their core base of practice should not be a hurdle for continuing practice in the above mentioned jurisdictions. Discriminatory practices should be abolished and dealt with conclusively in a manner that would promote swift integration and interchange ability to both sets of lawyer communities.
6) Future Work: APL and SCBA welcome the decision of 20 July 2007 whereby Chief Justice was reinstated and jointly agree to work for the cause of ‘independence of judiciary including crystal clear mechanism of the appointment of judges, and true accountable process of Bar and Bench as both societies agree that good lawyers in return become good judges and that both societies will help each other to achieve that goal.
7) APL and SCBA agree to continue their future collaboration and to hold future meetings, seminars in order to foster relations between lawyers of both societies. Both Societies agree that whilst formulating the future delegation elected members are to be given due preference.
Chair APL 2008 Mohammed Rafiq thanked the respected guest and approved his appointment as coordinator for SCBA to oversee relations between APL & SCBA.
Signed: xxxx
Mohammed Rafiq
Chair Association of Pakistani Lawyers (UK)
Office Address
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OL11 1EF
TEL: 00 44 1706 346 111
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5 April 2008
Videos Links:
http://www.youtube.com/watch?v=NjcRND4rHI4
'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
