Long March: a show of public support By: Amjad Malik MA, LLM
14 June Long March ended inconclusive, where lawyers showed wisdom by curtailing the gathering of masses turning into a mob wiping out the political process emerged as a result of 18 February elections. Lawyers made their point that public wants some sort of credible judiciary and to start with, they have at hand the 2 Nov Judges who refused to take personal oath of loyalty to outgoing General. Layers, Civic Society, media and politics of conscience have patiently rang the alarm bells giving time to the civilian govt to meet the public demand reserving the right to come again and next time they may not go back, until judges are restored and accountability is held on streets.
However, pressure to wind up all the ‘sit in’ slogans or threats was all carried out in a bit of a hurry. May be lawyer leaders were a little bit tired or were under pressure of handling thousands on street which was a unique & unprecedented experience. In any event the show was successful and all credit goes to Nawaz Sharif for helping lawyers to muster public support and successful winding up as well as conveying clear threats to the President standing in his back yard. Now one thing is for sure that either this public demand will be met in its entirety and judges will take charge in a few months to come or the whole political process will be wound up to either have new elections or new set up. In any new elections, lawyers may jump in the elections too with the same demand jointly with other political forces or singularly on the slogan of ‘justice for all including judges’ as they have an elected team present to contest from Karachi to Peshawar with a strong net working. The ball is now in the court of the shrewd politicians some of which are still under the impression that President’s survival is a security to the National Reconciliation ordinance which I think is a fallacy. Politicians who have been facing trumped up charges on political grounds must be ready once for all to face the music before a true independent judiciary with sharp teeth. It will not only ensure due process of law, fair trial and will promote a principle of an end to political victimisation of prisoners of conscience where people like Zardari and Javed Hashmi wait for years to have justice. A clear bill of health by free judiciary may only purify them all from the sins of past or by a South African style truth & reconciliation commission where looted money is given back in the public purse.
One thing missing in the whole scheme was the stalwarts of lawyers movement like Justices Wajeeh Uddin Ahmed, Fakhur uddin Ibrahim and Justice Siddiqui who have been vocal on the right direction as this consultation process must never end which differ them from the others. Otherwise progress may be hindered due to civil dictators creeping in the ranks of lawyers movement. Lawyers are different from others only because they consult, take advice from seniors and agree to disagree on all major issues of principle. A few also felt that Justice Chaudhary should have led the long march from Lahore towards Islamabad. He should have concluded the Long march by speaking to masses in the end thanking every one where lawyers in the end proposed a carefully drafted resolution which should have been presented and approved by public at hand and should have been given to politicians in Govt in the morning of 15 so that crowd goes back less dejected. Ali Ahmed Kurd whose fiery claims and speeches always gave a revolutionary approach with which normally things are settled in Pakistan was not there either and was missed dearly. It also gives a lesson that with fiery speeches you may get applause but judiciary does not get independence. It requires sheer political will, joint collaboration and consultation in the national interest, wisdom and sacrifice which is pre requisite to translate this dream into a reality. May be consultation is the key which needs to be mastered in coming days by lawyers.
In the end a word of wise to lawyers that they must not fall a prey to pragmatism and lack of resources thesis. If according to them 5 lacks can join them at Parade ground late at night in the barren lands of Islamabad, the very people have the capacity and courage to manage without food and drink for at least 48 hours so that a taster is given to the dictator for occupying the seat denying the mandate of 18 February elections. At that team lawyers negotiation teams must have polished their nails to extract a Governmental statement with a concrete promise to restore judges within a time framed deadline and or punishment to those who fired them. At least 48 hours sit in at the same ground would have unnerved all quarters and would have benefitted enormously and lawyers must have left with a date to come back again in case the judges are still on the road.
These are all academic analysis. In all process, Barrister Aitzaz Ahsan deserves an applause for staging a mini referendum against General Musharraf as well as against indecisive Parliament. Now they must pay attention to the fact that whether its Executive Order, resolution or Constitutional package, Judges ought to be restored. Parliament so far has failed to make any progress to restore those judges who were made non functional on the eve of 3rd November against the order of then Chief Justice Iftikhar Choudhary. Road map is given, its do or die stage and I am afraid this time Parliamentarians will be responsible themselves for the downfall of political process if they fail to respect the public demand and the mandate given to them. The so called constitutional package has not yet been presented in the legislative body so far and Parliament is idle killing flies in first 3 months and rulers have vetoed its effectiveness by preferring to settle issues of national importance in drawing rooms and through back channel diplomacy. Unelected are dictating the elected ones and President is heading the gang of unelected who are ready to do any dirty just to please their boss. Two parallel governments are in action, one stops national media airing a top talk show and the other denies any involvement in it. Popular leaders are watching all this helplessly.
Public is gauging the mood of this parliament with a caveat and they have enjoyed coming to street to raise their voice of dissent and if this enjoyment becomes a habit due to inefficiency of our ruling clan then they all will go who used to raise slogans of democracy, rule of law, justice in their election campaigns and did nothing when they came to power for their voters, people, institutions or to strengthen the very parliament they sit in except forming committees over committees to oversee matters until the demand is gone without justice. They have lost sanctity of their words now fear is their asset from those days when public questions their very eligibility to govern.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
16 June 2008
‘In The Line of Fire’ By Gen Musharaf (a critical analysis) By: Amjad Malik MA, LLM
'An old article written on 28-09-2006 in response to ctiticism levelled against Lt. Gen. Jamshed Kiani'
I feel that sitting COAS has broken service rules as well as official secret Act and he may have breached his two oaths by writing about the most sensitive as well as matters of national showing his superfluous strength and applying the ‘might is right’ maxim. In particular he has written about following:
· Pakistan’s nuclear capability whether it was operational at the time of Kargil incident or not;
· Abdul Qadeer Khan’s alleged role in nuclear proliferation without him available to defend thus tarnishing his character and gaining publicity for himself;
· Writing about his role That he made PML(Q) being under oath not to indulge in politics as chief and being neutral as President;
· Accepting that he agreed to be part of military campaign against Afghanistan on Richard Armitage’s threat via DG ISI to bomb Pakistan if they refuse, giving in to demands upon threat thus departing from core Islamic values of faith and discipline;
· Handing over US wanted personnel’s for millions of dollars thus accepting to override the judicial scrutiny and present them to other states without due process of law and judicial oversight.
I must say that my close scrutiny of his office’s oath gives a very clear reading. Article 42 of the Constitution of Pakistan 1973 relevant paragraph of the oath of President (third Schedule) says as following: “That I will not allow my personal interest to influence my official conduct or my official decisions”. It further says in the last para, “And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as President of Pakistan, except as may be required for the due discharge of my duties as President”. Article 244 of the Constitution of Pakistan 1973 (third Schedule) in respect of the relevant paragraph of the oath of COAS says as following,” That I will not engage myself in any political activities whatsoever and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the Law”.
Now if we see the ‘THE OFFICIAL SECRETS ACT, 1923 [Act No. 19 of 1923 dated 2nd. April, 1923]1 ’ of India which is identical to Pakistan as Pakistan’s criminal jurisprudence is based on British colonial law in order to see the regional view on OSA, it says at para 5 as following:
“5. Wrongful communication, etc., of information
(1) If any person having in his possession or control any secret official code or pass word or any sketch, plan, model, article, note, document or information which relates to or is used in a prohibited place or relates to anything in such a place, 13[or which is likely to assist, directly or indirectly, an enemy or which relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of India, the security of the State or friendly relations with foreign States or which has been made or obtained in contravention of this Act,] or which has been entrusted in confidence to him by any person holding office under Government, or which he has obtained or to which he has had access owing to his position as a person who holds or has held office under Government, or as person who holds or has held a contract made on behalf of Government, or as a person who is or has been employed under a person who holds or has held such an office or contract-
(a) wilfully communicates the code or pass word, sketch, plan, model, article, note, document or information to any person other than a person to whom he is authorised to communicate it or a Court of Justice or a person to whom it is, in the interests of the State, his duty to communicate it; or
(b) uses, the information in his possession for the benefit of any foreign power or in any other manner prejudicial to the safety of the State; or
[(4) A person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.]”
I am sure Defence Ministry as well as Supreme Court will carefully examine the book as well as those oaths taken and their wording subjectively and objectively as well as service rule to see if the book has opened a Pandora’s box and there is any issue of compromising national integrity & security and sovereignty by disclosing material facts of confidential and highly sensitive nature which came to the possession of the writer in his official capacity. If that’s right, then necessary action must be taken to preserve rule of law in Pakistan in respect of this book and conduct of the writer which is already under criticism in intelligencia and higher circles of Pakistan and abroad. But here we are confronted an entity which seems above than rule of law, something supra constitutional in nature and meaning. Question for all is ‘Who will bell the cat’ I guess it is public who needs to mobilize and as Shakespeare said in hamlet, ‘to take arms against the sea of trouble and by opposing end them’
I feel the time requires the CJ of Supreme Court of Pakistan to form a ‘Kargil commission’ headed by CJ and 11 non LFO judges of Supreme Court who are assisted by amicus including 4 former COAS and 4 DG ISI’s on military matters and they must find truth within 3 months. India is renewing their nation’s father’s belief of ‘truth ’ and ‘ non violence’ why can’t we find truth being a Muslim State who believes in truth, unity faith and discipline and yet to learn lessons after loosing its one limb in 1971.
*Amjad Malik is a Solicitor-Advocate of the Supreme Court of England and Wales, and is a member of the English Law Society’s Immigration Law Committee and life member of Supreme Court Bar Association of Pakistan.
2006
Where is our parliament in all this? By: Amjad Malik MA, LLM
Economy is nose diving in Pakistan and people with load shedding, wheat and oil crisis are forced to take law in their own hands and we saw people burning the robbers in Karachi and indecisiveness is breeding law and order crisis, apathy and decline where any thing can happen as a result and whatever happens is not at all in control of the human mind and may affect the best interest of Pakistan especially when foreigners are flying like eagles on our rear borders. Those who came declaring themselves the champions of democracy are solving constitutional matters outside the Parliament and democrats this time have made parliament a rubber stamp not the dictator, Judiciary is on the road, Justice Dogar is unacceptable to majority and he is facing extreme resistance by lawyer fraternity, CJ Iftikhar has a personality clash with the President, establishment is confused waiting for further instructions, Police is unable to enforce law, and people doing road justice by force in the absence of credible judiciary and Malik Qayum fame tapes are in the market spreading revelations about schemes to keep Sharifs out of election race. In these circumstances 10th of June Long March of lawyers have hidden stings in it which are many fold and they may attempt to put deposed judges back in the Supreme Court by might which may result in a successful lawful coup or it can be counter productive to invite a counter coup by President throwing his wrath on the parliament for their indecisiveness, breaching their pacts and neglecting to avoid the economy from decline or at best military intervention to stop this unrest multiplying reaching no where which all ends in the collapse of the 18th February popular mandate of the people of Pakistan and in the end so much so for the democracy of Pakistan and people’s vote.
I for one, feel that we all are bound to look after the best interest of the state and at best if this uncertainty is allowed to loom, it can be disastrous for the state economically, politically, and socially. As any constitutional package containing unpopular clauses will hardly get to the stage of royal assent at least for a year unless Q or N league supports, I feel lawyers as well as people of Pakistan are getting restless because of this hit and run politicians who are ridiculing the judiciary by the very delay in restoring them. If they are unable to reach consensus then there must be some confidence building measures to show their commitment akin to the circumstances where politicians supported Musharraf to get elected by abstaining to vote instead by remaining in Parliament and in exchange getting a hero’s welcome on 18 October and issuing of a National Reconciliation Ordinance by the President who swore to keep BB and Babu out at every cost. Though we all are the passengers of the same boat and none have the exact answer but I have the following few suggestions throwing some workable scenarios for the legal hawks to brain storm in case the time comes for possible solutions;
· The political clan may Offer Chief Justice to resign with full political backing and invite him be the candidate for the President of Pakistan. He will be an ideal candidate to be the President carrying the symbolic federation support as well as lawyers and civil society especially after clipping the wings of the President turning it into a ceremonial status. The argument in favour would be the justiciablity of his position once he is restored as his brother judges can do a better job in supreme Court and he has done his bit (if he agrees), Alternately;
· Chief Justice is restored after a resolution with an executive order withdrawing earlier law secretary notification immediately making him functional who takes charge and decide the fate of the decision of 3rd Nov PCO, 23 Nov 2007 case of Iqbal Tikka Khan, and settle the issue of post 3rd Nov appointment of judges via full court reference and issue guidelines. That will be an ideal solution and Parliament can bring constitutional package to sort out the rest. Alternately;
· To start with all the 59 judges must be restored to their positions immediately by Executive Order making them functional so that it seems that politicians are willing to settle the judges issue. Chief Justice Iftikhar Choudhary is allowed all the privileges and protocol of the Chief Justice in waiting and he is allowed to rest until consensus is evolved to restore him as CJ i.e viable mechanism and or political consensus by majority on realistic Constitutional Package. In the interim most senior judge of the SC is made the Chief Justice of Pakistan with an understanding that Justice Iftikhar Choudhary will take over once back. Justice Dogar and others who have taken oath in violation of the 3rd November judgement are left on the mercy of the full court of 2nd Nov which decides what should be course of action as to the best disposition of their taking oath, early retirement and or reference to the SJC and give guidance to deal with the other two categories i.e those who were freshly appointed but taken oath under PCO and those who were freshly appointed and have taken only oath under Constitution of 1973 only bearing in mind the earlier ruling in Al-Jehad Trust case. If any post 3 Nov PCO judge disagrees to the restoration of the judges, his reference is filed at Supreme Judicial Council which decides the fate of the judge in question on case by cases though to me in any event guidelines must be given by full court of 2 Nov 2007 as to best course of action to deal with the three categories of post 3 Nov judges. Alternately;
· If that is not acceptable then Judges retirement age can be extended to 75 as in United States there is no retirement age for the judges and Saeed Uz Zaman Siddiqui along with clean judges the likes of Justice Wajeeh uddin, Justice Nasir Aslam zahid, Justice Mamoon Qazi of the SC who were acting on the fateful day of the issuing of PCO in 2000 must be brought in to make up the required number of SC judges as per constitution which is 17 and all those undesired judges by the fraternity are either given an option to resign, face possible SJC reference or they are made non functional until their eligibility as well as appointment is scrutinised by the Highest Court via full court checking the validity of PCO too in the larger interest of the institution. Alternately;
· I know for the fact that the ruling camp would be dying to restore and resubmit Art.209 reference against Chief Justice on the premises that the actual reference on facts have not been adjudicated yet and restore the rest of the judges keeping all the PCO judges too which will be disastrous for the independence of judiciary drive and for any political party to take this bitter pill. Public will not accept this onslaught too so rulers must be careful too. If we leave the 2 Nov judges to decide the fate and future of their brothers , it will be best as the same would be the case in Pakistan army as the Chief of Army Staff will be left with wisdom, will, choice & authority to do justice with his own Corpse Commanders if any is undesirable as we saw in the case of Lt. General Hameed Gul, Lt. General Tariq Parvez or at best Lt Gen Zia Uddin Butt. We saw no executive interference, no summary trial and no adjudication was ever seen by civilian authority despite conduct issues against those, then why so animosity against CJ, the same is required for the sake of saving this institution which is core to the heart of the people.
I am sure these may sound hypothetical scenarios, however post 10 of June 2008 Long March these options will sound blackberries as who knows where this movement leads and it is not guaranteed that things will turn out as planned, the failure of politicians to come up with the logical conclusion safeguarding the larger interest of state as well as one institutions along with avoiding collusion with other will be a challenge for them to solve this mystery at a crossroad otherwise, anything wrong, they will bear the blame too and who knows lawyers and general public floods the streets on that day breaking the famous status quo. Rulers must fear from that day as in that case public will hold accountability and will ensure justice and there will be no 90 billion tax free meal at public expense as Americans themselves say that there is no free lunch in the world. Public will demand accountability of all, where is our Parliament?
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
27 May 2008
Letter to the Ambassador of The People's Republic of China to the United Kingdom
Monday, 19 May 2008
Our ref: APL/China/2008
Madam Fu Ying: Ambassador
The People's Republic of China to the United Kingdom
49-51 Portland Place
London
W1B 1JL
Her Excellency Madam Fu Ying
Re: Earthquake in China
APL (Association of Pakistani Lawyers) a team of Pakistani origin lawyers, Solicitors, Barristers, Judges in UK jointly has noted with great sorrow and grief that China was hit by a quake on 12 May measured 7.5 on the Richter scale resulting over 21,000 deaths so far where the number of people still buried are over 26,000 and the missing over 14,000 and 7000 schools have collapsed.
On behalf of people of Pakistan, we all mourn the death of our brethren in China. People of Pakistan are with their Chinese brethren in this time of need and we express extreme pain at this natural catastrophe and we have urged the Govt of Pakistan as well as Great Britain to do whatever is possible to assist the people of China in this difficult times befitting to how they helped Pakistan during the earth quake on 8 Oct 2005.
Our sympathies are with the Chinese people and Chinese state and we convey our feelings of sorrow and good will to The Prime Minister of China Mr. Wen Jiabao, and the President Hu Jintao and condole on the death of their beloved ones. We pray that as the Chinese are a brave nation, May they find strength to bear this irreparable loss of their loved one’s.
APL would urge the citizens of Pakistan to show solidarity to the people of china in their own way and if possible pay visit of condolences to the nearest Chinese embassy to show their solidarity to Chinese people with flowers and messages of good will and Govt must open a condolences book at all civic centres for public to write their condolence messages.
Amjad Malik, MA LLM
Solicitor Advocate
Vice Chair
Association of Pakistani Lawyers (UK)
Pakistan’s modern day media challenges By: Amjad Malik MA, LLM
I am a great supporter of media growth and its freedom which keeps the public informed, shos a mirror to rulers and facilitates a debate on the policies of the govt. Which have far reaching effects on nation’s day to day business including a portrayal of other side view. I must accept that media growth is new in the country and it will take time to counter western media challenges as well as addressing our own inefficiencies in time but one thing which is quite irritating is the control with which this newly attained power be used keeping in view the national interest of their own country. BBC is renowned in news making business, however their ultimate allocation & reaction to events and news affecting their national interest would be positive and timely whereas this newly grown outfit in Pakistan must not ignore their important national contribution share in safeguarding the interest which comes with the job as wherever there are extreme rights there are extreme responsibilities too. China has been hit with one of its history’s the worst quake resulting in thousands of death(s), Burmese are going through the effects of one of worst tsunami of 2 May in their country where 200,000 people were already dead or dying and Indians have been hit by latest bomb blasts in Jai Pur on 13th May resulting in several deaths, but looking at last week’s Pakistani newspapers and media programmes in totality its regrettable that their share in highlighting such events in order to shape public opinion in order to assist nation’s due response over these events is minimal, unbefitting and unjust. I would even go to an extent that it is criminal negligence to ignore such events in China as the issue in hand is core to nation’s heart and mind and is not properly portrayed.
China is an emerging economy in the world, a strategic partner and a long trusted ally of Pakistan who come and stay with us through thick and thin not like USA who never came whenever the country was in dire need. China’s support during Wars and in peace time to the country is exemplary and their contribution during our bad time is praiseworthy but our media has failed to acknowledge our national strategic interest in order to inform and shape public opinion as it is their duty to wake the masses as well as the govt to encourage reciprocal response of cooperation which we always received in order to strengthen people to people contact with our strategic partner. Pakistan was hit by the quake in the capital and Azad Kashmir on 8 October 2005 and it registered a debatable 7.6 or 7.7 on the Richter scale and around November, the official death toll was 79,000 though the overall figure was quite high and aid poured in from the entire world including China. China was hit by a quake on 12 May the quake measured 7.5 on the Richter scale and tremors were felt as far away as Thailand and Vietnam. It hit 57 miles (92km) north-west of Chengdu, the capital of Sichuan province, at 2.28pm (7.28am BST). The death toll from the most deadly earthquake of its history have reached over 10,000 and on 16 May Chinese officials raised their estimate of the number of people killed to nearly 21,000. The latest figures put the number of people still buried at 26,000 and the missing at 14,000 where 7000 schools collapsed. The Prime Minister, Wen Jiabao, rushed to the area and appealed for people to rally together and said, "In the face of the disaster, what's most important is calmness, confidence, courage and powerful command." The quake is the worst to hit China in 32 years since the 1976 Tangshan earthquake in north-eastern China which claimed up to 300,000 lives.
Pakistani media having known the feelings of such fatality from their own experience of October 2005 quake in Pakistan remained casual with this news and developments which is unforgiveable. They should be at forefront in running ‘News Breaks’ and doing reports on china Pakistan bilateral friendship and cooperation which is an asset for the state. They should have given worthy coverage to the topic and must have encouraged the public as to the possible reaction in order to facilitate walks and collect funds or charity symbolically to support those schools where all 4 storey’s turned into rubble and must have asked the public to make a mountain of flowers outside the embassy of china in Islamabad showing solidarity to Chinese people in their time of need. It is their utmost duty to show the countrymen the possible ways to show our feelings and contribute even if it is little to strengthen our deep rooted historic ties & cooperation thus building our national self respect. Pakistan may be a poor country but not senseless in a sense that it cannot respond love and friendship reciprocally and media’s role is vital to engage the nation in other worthy causes but highlight their role towards this too. Upon media encouragement if 5 rupee collection on a larger scale is given in some thousands to Chinese Govt, it will make a symbolic gesture that Pakistani people may not contribute befittingly as China did during their disaster but their support, cooperation and friendship in spirit is as good as Chinese.
Media can play an important role in country’s grooming and upgrading psychological profile. If the role of media does not change from just covering political events only where politics has been turned into a ‘national sports’ and all the nation from a taxi driver to milkman are all advising judges how to handle Musharraf and whenever, one turns the television on one nearly have a heart attack with the flashing of breaking news which is none other than a meeting of a politician(s) except china’s earth quake update, Burmese tsunami efforts or some international or national aspect then I am afraid people who are psychologically wrecked by these developments will run for refuge after the restoration of judges as their problem of water shortage, price hike, unemployment, electricity, food and oil and international recession are not going to be solved with meager claims and cheaper slogans.
Nation takes pride from what they do in their life span, our individual and national character is at stake and we are blaming others. The wreck less emerging psyche from apathy and hopelessness is visible from the gang rape of ‘Kubra’ in the vicinity of the tomb of Mr. Jinnah, the founder of Pakistan in Karachi. I watch BBC and compare with it with some of our programmes and wonder that though in Pakistan media is in their early days and there are teething problems but national interest is not protected conditionally only if General Musharraf is out of the Presidential slot. National interest is as ‘live & active’ as our neighbors because as we cannot change our neighbors similarly media can not absolve themselves from the responsibility to protect our national interest. Pakistani media has a role to play and they must play it honestly considering it their faith professionally as its their ‘bread and butter’ and perfectly as it’s their work which distinguishes them from the other comparators in the international market. By sitting on chair and grilling few politician of present and past and doing a ‘monkey show’ our national and strategically historic problems are not going to solve but that time waste may cost us a lot. So Pakistani media must wake up, and warn the nation of their requisite task and shake their humanity by hitting the nail aright as china is in trouble and is asking for help. So wake up Pakistani media, you have a job to do.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
16 May 2008
Amjad Malik Live on DM Televion in programme Aap Ki Aawaz on 15-05-2008
Please watch live comments of Mr. Amjad Malik on restoration of judiciary and future of coalition between PML(N) and PPP. Kindly click on the links below:
http://www.youtube.com/watch?v=S1pLWx0WgyM (1)
http://www.youtube.com/watch?v=v0UQjKarl3g (2)
http://www.youtube.com/watch?v=1dw_HD9dKqQ (3)
http://www.youtube.com/watch?v=y5HZbseLG4g (4)
http://www.youtube.com/watch?v=VTDLCjeJozY (5)
http://www.youtube.com/watch?v=hUbpLhBVq90 (6)
http://www.youtube.com/watch?v=E-R7u01liGc (7)
http://www.youtube.com/watch?v=TzAO_ht6L_s (8)
http://www.youtube.com/watch?v=Yp0fKCwOPhQ (9)
Thanks
Stale Mate By: Amjad Malik MA, LLM
At last, it has happened what was feared for days by many here and abroad, that judges are not restored and Sharifs are out of cabinet. Nawaz Sharif has said good bye to PPP led cabinet preferring to sit and wait whilst lawyers and civil society is sorting out their armoury in a similar circumstance to that of 3 November position in order to raise their voice against the undesired acts of the government. This time they will have difficulty though as the opponent will be none other but a popular political party who came to revolutionise the state with their slogan of economic empowerment, education, employment and basic amenities by changing the system and taking revenge by installing true democracy. Instead, they are confused, back tracking and are toeing a line which is neither here nor there. A party which is alive because of bloodline of martyrs from Zulfiqar to Benazir is acting coercively with the ditto policies of the unpopular dictator despite their anti dictatorial slogans and claims upon which they grabbed votes in millions. We have seen the trailers in the form of possible forthcoming restrictions on the popular electronic network which is alarming especially in the reign of Bhuttoites whose claim for fame is media freedom, democracy & rule of law, instead, their die hard supporters who were whip lashed in the reign of Gen Zia in 70’s are speechless at this miraculous developments.
Nawaz Sharif has the pulse of the nation as it should be because of being the living leader of Federation, he has judged rightly that judges are to be restored and if he can not assist lawyers in doing so at least he must not be seen in the opponent camp. Judges issue which was easier than we think to be resolved during the first sitting of the parliament has taken twists and turns and is jumping one date to another and from one committees to an other like a shuttle cock. It only requires political will and intention to restore the deposed judges which is quite similar to that of ‘let there be light’ and there was light , similarly, parliament has that power to order that ‘let there be 2 Nov judiciary’ and there will be judges sitting in their chambers as lawyers will ensure that will of the parliament is implemented in its true letter and spirit. But it is not happening soon which is a pity, however it’s wise that PML(N) has assured not to be part of any attempt to sabotage PPP govt in centre and has not called for any strike as the show will be started by awakened lawyer and civic society. I expect many rounds of talks despite PML(N) out of cabinet as it will be in the interest of state to restore judges to avoid confusion and uncertainty. Similarly this coalition experience is new in the country and sessions of negotiations through political dialogue by remaining in the political process will improve our attitude and mind set. Two parties of different ideology now must support each other not to derail but allow the political process to work in which they must discuss, struggle, persuade and force each other towards their point of view at the same time shaping and forming an informed public view and try to achieve a settlement of disputes which are core to the nation’s heart and is a common day occurrence in any Parliamentary form of Govt.
Morality has nothing to do with the politics but sometimes its good to have morality as politics without principles will be like a barren land or a lady. We have seen Indian coalitions working effectively despite so many differences and reservations, and we have also read negotiation powers in UK during northern Ireland conflict, however the prerequisite everywhere will be will and intention of the parties to trust each other. If one does not respect the honour of the other, then trust deficit looms in. Nawaz Sharif and Zardari both have common agenda to restore judges one way or the other, but mechanism they are suggesting is different to suggested by each other partner. There are many unsolved mysteries too where public is not aware of the true facts and neither they want to know, all they want is their judges back and back it very soon. PPP being the popular party will lose the trust of the people if they back track from the issue at all as the country does not afford strikes, collision between parties and institutions though it will suit to the Q and General Musharraf.
However country does not afford either to live in an unjust society where judges act on the will of their masters. If free, independent, judges are not brought in with pomp and show then dictators will come and go freely as they have been in last 60 years unchecked and Zardari’s of our society will remain without fair trial for years, where no counsel will be present from other side whilst highly supreme constitutional matters are resolved in the court and where for the murder investigation of twice Premier we will have to knock the door of the United Nations, where children of the elite have to go abroad because they are not safe in their home land and politicians are exiled for years only because their presence in their country does not fit in the ruler’s jig saw puzzle. 160 million people of Pakistan ask the victim Zardari of yesterday to save many Zardari’s of future from this inhuman, unlawful and unbefitting treatment where they can think of having a hope of justice at all, a free trial, an access to court, an access to their judges from deserts, villages of Sindh or mountains of Baluchistan or Kashmir. They want a society where 12th May is not repeated where judges are not mal treated on the main public road and they are not incarcerated for months without charge. If we made that poor soul to loose that hope, then God forbid, it will not compensate with anything. Self respect have no replacement and if deposed judges are not restored at this juncture, the historians will write that in 2008 there was a chance to put a stop to military dictatorship once for all but one political partner fell a victim to pragmatism and one can only rely the quote of Ali that infidel society can survive but not the unjust, and the decision is yours.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
12 May 2008
AMJAD MALIK PRESENTING HIS BOOK 'ROAD TO JUSTICE' TO PML(N) QUAID & FORMER PRIME MINISTER MIAN MUHAMMAD NAWAZ SHARIF
ON 5 MAY 2008 AT LONDON'S MARRIOTT HOTEL ENGLAND'S SUPREME COURT ADVOCATE AMJAD MALIK IS PRESENTING HIS BOOK 'ROAD TO JUSTICE' TO PML(N) QUAID & FORMER PRIME MINISTER MIAN MUHAMMAD NAWAZ SHARIF WHO DECLARED IT A GRAET CONTRIBUTION TOWARDS THE DRIVE FOR RULE OF LAW IN PAKISTAN. JUSTICE SYED GHOUS ALI SHAH IS ALSO STANDING IN THE PICTURE:
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
