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Pakistan deserves better By: Amjad Malik MA, LLM

On Defence day of Pakistan elected representatives of Pakistan will choose their next head of state who is originally a figurehead, a ceremonial position but General Musharraf armed it with deadly powers of sacking the parliament and bossing the army chief. Looking at a few clauses relevant to such election Article 41(2) says as following: (2) A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly. Article 62 narrates qualification and clause (d) says that he is of good character and is not commonly known as one who violates Islamic Injunctions; and further more clause (f) says that he is sagacious, righteous and non-profligate and honest and ameen; (g) he has not been convicted for a crime involving moral turpitude or for giving false evidence; and  Article 63 details disqualifications where clause (h) says that he has been convicted by a court of competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force;
 
Looking at this when Mr. Zardari is proposing himself for the top slot there are many reservations. First of all, his party and nation deserve a better choice at this role of a fatherly figure of a nation of 160 million people. He is young and can play a better role in Parliament representing his party. As his party is forming government and if he captures this place, it will be difficult for him to avoid  conflict of interest which his party promised to avoid in a Charter signed by two top parties of the country. The head of federation is a ceremonial role requires the one to be fair, and independent without party loyalties, it will be difficult for him to continue his co- chairmanship of the party being head of the state as Pakistanis suffered at the hands of General Musharraf who sided by Q league but coalition could have produced better results.
 
Secondly it will be difficult for him to ensure compliance on ‘Charter of Democracy’ once he will be in a position of unbridled power of 58(2)b to dismiss assemblies and has a power to appoint Chief of Armed forces, in that event it is likely that Parliamentary sovereignty will become a dream. Thirdly, if there are criminal investigations internationally carried on, halted or disposed off for the time being still it  will haunt the man and wherever he will travel as head of the State these stories will follow giving unnecessary bad name and will ridicule the office of the president as well as putting his government on the back foot. Finally the job requires a political consensus as a figure head of the state must remain a ceremonial position and must be brought by consensus though I agree that the ruling party or coalition must have a major say in it.
 
 Looking at all above, I feel Pakistani nation would be much at ease if PPP had reviewed their nomination and jointly could have saved the coalition to come up to the challenges Pakistan is facing which include to bring about a change in common man’s life, true parliamentary military free democracy, rule of law, and justice in the country and create a trust between power brokers of the state. The way things are developing though his contracts may not be holy but the value of his words will be lost if he continues backing out of his written memorandum of understandings with his colleagues. Soon this trust deficit will overpower any dialogue he imitate in future as no one will sit with him as his words will carry a little value and how the international community reacts on his statements when he signs any agreement with them will be crucial too so he needs to keep his credibility intact if he wishes to survive politically.
 
Military dictatorship has long seen the power in Pakistan and its time that a man of clean record, sober approach with political consensus is brought so that coalition or two major parties along with smaller parties get on with the real job firstly to restore sacked judges, eradicate the evils by repealing 17th amendment and work together to make Parliament sovereign. This is the time for the political forces to show that they are able to muster political advantage through a genuine political process. People of Pakistan have always delivered whenever they are given an opportunity whether it is 1947, 1971 or 18th February 2008 if the politicians fail now then country will revert soon towards ever green strategy which has the backing of west which is longer spells of military dictatorships, shorter civil rule followed by accountability of politicians on the name of corruption and nexus of military and judiciary. Political consensus, and joint collaboration is the key if they wish to save the civil system, ensuring a sovereign parliament with an independent judiciary. Powerful Parliament instead of the puppet government must be the aim of like minded pro democracy politicians if they genuinely desire to embark on solving genuine problems of foreign policy, price hike, international food shortage and stability via economic revolution & political reforms. I am afraid as things are moving the current Parliament in last 6 months has not initiated any concrete debate on the issues confronted by the State and its people and an era of 90’s is on the door inviting another general to do a speech as a result of the failure of the politicians and policy of confrontation and I bet there will be sweets all around and Musharraf will start looking better and who will be responsible for all that is a million dollar question.
 
Amjad Malik is a Chair of Association of Pakistani lawyers (UK) a life member of Supreme Court Bar Association and a Solicitor-Advocate of the Supreme Court of England and Wales. 
 
26 August 2008

Double Standards : General Musharraf does not need a safe passage, he merely needs a fair trial

By: Amjad Malik MA, LLM

18th August resignation of General (rtd) Pervez Musharraf was the first good thing he has done in many years believing ‘Pakistan first’. Nation was jubilant, lawyers at peace and media calmly letting him go, however, political classes are still unsure on how to manipulate the maximum advantage to this joyful experience. Testing nuclear in a tit for tat was seen as the most memorable and historic event when the nation was overjoyed, but the announcement of ‘Kala Bagh dam’ followed by freezing foreign assets divided public opinion so as the mind of investor as the timing of both was wrong. Similarly ouster of President from his occupation of top slot is a favourite moment to start a new Pakistan, but political forces never could learn to manipulate and multiply nation’s happiness just by feeling the pulse. People wishes the accountability of the man who ruined the institutions, damaged the federation, created distrust amongst provinces and above all endangered the national security of Pakistan. What stops this man to be on trial is the weaknesses of our elite rulers. Of course west would wish to allow this man to go scot free as using his 9 years experience or alternately bringing him to face the court of law would both advantage Pakistan as a state, which they would not wish. He carries so much sensitive information about the state that makes his stay in the country desirable and conducive to the good of the country with or without trial as it will take time to debrief him, and at present he is too dear to be allowed out permanently on the premises of preserving national security unless strong undertakings acceptable to security apparatus are available. Musharraf’s  safe exit would keep him safe for future for his masters alone, not for the country.

Its ironic when we compare with what Mark Layall Grant a former British envoy did in order to ease the sufferings of Pakistani President to the very treatment his country gives to its own notorious. In his own land, Ministers are brought to justice and  accountability before Parliament indiscriminately without fail.  A few glimpses will suffice to give full picture. Their General Oliver Cromwell was tried after his death in 1661 for overthrowing Parliament. In autumn 1660 parliament ordered the exhumation and posthumous execution of several regicides and in January 1661 Westminster Abbey was searched for the remains of Oliver Cromwell and others. Three corpses were duly produced and conveyed to Tyburn, where they were hanged and his body was left at the public place for years as an example.  In July 2001, a Millionaire novelist and Tory member of House of Lords Lord Archer has been jailed for four years after being found guilty of perjury and perverting the course of justice. The jury found him guilty of lying and cheating in his 1987 libel case against the Daily Star. The verdicts were unanimous on each count. Lord Archer, who was ordered to pay £175,000 costs within 12 months, was told by the judge he would have to serve at least half of his sentence. In January 2001, The career of Peter Mandelson at the highest political level appeared to be over after his resignation from the cabinet for an unprecedented second time. Mr Mandelson admitted that he had made misleading statements over the passport application of controversial Indian billionaire Srichand Hinduja but denied he had done anything wrong. Mr Mandelson was first forced to quit from the cabinet in 1998 after failing to disclose that he had secretly received a £373,000 loan from his then fellow minister Geoffrey Robinson to buy a house in London. Peter Mandleson resigned in the first and second leg of his Ministerial position for not declaring his loan to the Parliament and for giving misleading statement. In December 2004, David Blunkett quit as home secretary after an e-mail emerged showing a visa application for his partner’s nanny had been fast-tracked. David Blunkett had to resign as the e-mail had said "no favours but slightly quicker". Mr Blunkett said he had not been aware of its contents and insisted he had done nothing wrong. But he said questions about his honesty had damaged the government.

UK believes that courts must remain free to dispense justice otherwise there will be endless feud between the four provinces who speak different languages and share a unique heritage and culture. However, the standards they expect are different for other countries where they would expect their jailed citizens to get pardon as arms can be twisted as was the case in Mirza Tahir Hussain as there were doubts about free trial and free judiciary in Pakistan until Mr. Iftikhar Choudhary came to salvage that status. Whereas no person or state can pressurise the West to interfere their own judicial system and many are detained in Guantanamo Bay without trial. Pakistani authorities always caved in without asking as they devise ultra constitutional measures to avoid involving judiciary hardly knowing that they themselves are undermining the importance of the respect of higher judiciary. In USA though all are hushing on the impeachment of the President Musharraf but they would love to see their Nixons and Clintons to face impeachment if the matter is that grave.

These countries have double standards on the issue of democracy, free judiciary and accountability as they would sack their ministers for claiming train tickets but would love to seek ‘reconciliation ‘ for the corrupts of others only to save them for future for their own national interest. Our politicians under the cloud can easily play double agent role and can serve them well if the time comes, but at no point our politicians think what is in the best interest of Pakistan. Free and independent judiciary is the core of the demands to curb militancy and political process and democracy is the way forward to curb extremism in our views and attitudes. Its the shuffling of the good with the bad and rooting out the criminals through independent judges from the political arena keeping army at guard is the only way the system can work. Pakistan’s military has sniffed 4 times the fragrance of power, they have assumed the sovereignty of the state more than 40 years out of around 61 years of short life of the country. Its difficult to snatch the peg from the military in this Raleigh race however with wisdom, consultation and joint collaboration its possible to preach sanity. If judges are not restored at this juncture in time, the people of Pakistan who have lost trust on the politicians will lose hope too.

There must at least be one trial of General Musharraf for all charges, he must face it and if found guilty he must be sentenced to what he deserves under the law. Only then the pardon issue arises and if not pardoned this ‘endangered species’ should never be allowed to leave Pakistan. We have allowed the foreign interference in our own home affairs for long, and his is the time that the country shows some courage and declare that the time is gone where Afia Siddiqui’s of Pakistan were handed over to foreign country without due process of law, without judicial oversight and in the absence of any extradition treaty, for some dollars. Its time that the local courts are given the respect it deserves. Full court must hear the case of General Musharraf at least for once. If UK hangs their only dictator General Cromwell even after his death, why Pakistan does not deserve to at least put the man on trial who have brought miseries by sacking and detaining free minded judges twice, sending President home, arresting former premier, sacking parliament, imposing emergency twice, killing Baloch leader Akbar Bugti, allowing Be Nazir to die a few miles away from his home due to lack of security, operation in the capital on a mosque, retaining Uniform in politics, allowing missiles to fall in tribal areas at will, and for  selling hundreds to CIA for a few million dollars. At least, Pakistanis deserve to see him on a trial. And even the enemy deserves a dual so he must be given a fair trial, secured entry to court, a lawyer of his own choice and time to get evidence to defend himself. By mere hollow speeches this Nero of Pakistan is not going to be a self declared saviour. Long live Pakistan.    

Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK

20 August 2008

UK Lawyers agree with Punjab 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 Punjab Bar Council and fellow lawyers fraternity in Pakistan for rule of law and justice in the country.
 
Delegation(s) of PBC headed by Arif Alvi in place of vice chairman Mr. Sindhu 2008 of PBC along with elected members Punjab Bar Council including, Hassan Raza Pasha, Altaf Ibrahim Qureshi, Mr. Manzoor Qadir, Mohd. Akram Khaksar, Iqbal Mohal,Mohd. Zaman Mangat  and Secretary Bar Akbar Bhatti exchanged views and signed a declaration on 16 August 2007 at APL Chambers in Rochdale where Mohd Rafiq Chair of APL 2008 led a team of APL consisting of Amjad Malik Vice Chair, Ilyas Gondal Secretary, Kashif Rana  (Assistant Secretary & Co-Ordinator of  APL respectively) , Solicitor(s) Nadeem Malik of Malik Laws, Azeem Malik of Greanheads Solicitors, Saleem Shah of Shah Solicitors, Kabir Ahmed of Kabir Law Associates, Maqbool Malik of Malik laws, Javed Akbar advocate of Malik Laws, participated. Dr Malik chairman of DM Digital made special attendance due to his particular interest in law and few students attended as observers.
 
Chair ‘Association of Pakistani Lawyers’ along with his delegation and delegation on behalf of ‘Punjab Bar Council’ held their meeting on Saturday 16 August 2006 at 12.00 pm at: APL Chambers at 149 Drake Street, Rochdale, OL11 1EF, United Kingdom. This was series of seminars conducted by APL in the wake of lawyers struggle for independence of judiciary and this was second delegation from PBC in second consecutive year.  APL presented a certificate to appreciate PBC efforts during Chief Justice’s struggle.
 Both delegations agreed on the following points and signed a memorandum:
 
1)     “Law & lawyer Community: APL and PBC agreed to continue their work as per their agreement on 26 August 2006 where in Chair APL and Vice Chair of PBC agreed to work for the rule of law, justice and for the cause of lawyers benefit and agreed to the following objectives in their last meeting in 2006:
·         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 PBC agreed to speed up their efforts to bring about a positive change for the betterment in Pakistan’s political situation and jointly wish to work towards ridding the nation from military rule once for all and agree to work together in order to pave way  for a parliamentary form of democratic structure in line with 73 Constitution with rule of law and justice as its salient features.
 
3)     Chief Justice & his colleagues: APL and PBC admired the courage of Chief justice Iftikhar Mohammad Choudhary and his colleagues who unprecedentedly refuse to take oath under PCO announced by the military dictator General Pervez Musharraf on 3rd November 2007 and pledged to continue on the line of their sacrifices in order to promote the idea of independent judiciary in Pakistan. APL & PBC congratulated 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 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, media and civil society with admiration for which all the lawyer community deserves great admiration.  APL and PBC demanded the ruling coalition to restore the pre 3rd November judiciary with honour as mandated on 18th February 2008 and pledged in the ‘Bhurban Declaration’ on 9 March 2008.
 
4)     President’s future: APL and PBC welcomed  the decision of ruling coalition to demand the President General Pervez Musharraf through the elected forums to seek confidence of the Parliament, failing which President has to make a decision either to resign or to face impeachment. APL and PBC  agreed that treason trial must follow if the matter goes to the impeachment if to avoid future martial laws. However, both societies emphasized that Presidential resignation could avoid further confrontation of political forces with establishment of which Pakistan cannot afford as a state in the current prevailing and geo political situation and if ‘Pakistan is truly First to the retired General both societies demanded his resignation and urged all political forces to join hands together to see off the dying dictatorial regime if they wish to see the light of democracy ever in the country. APL and PBC urged lawyer movement that independent judiciary is a dream without sovereign and military free Parliament and unless dictatorial regime is seen off, the cloud of emergency, sacking of free minded judges, introduction of PCO and dismissal of Parliament will be hanging on the heads of right thinking people in future too. As too much water has passed under the bridge since Long March, its time to remain united and patiently see the course of action Parliamentarians adopt to restore rule of law, constitutionalism and free judiciary and remain vigilant as the parliament needs to be guarded if desired results are to be achieved in near future and at all times.
 
5)     APL and PBC prayed 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 and both jointly agree to continue their future collaboration and to hold future meetings, seminars in order to foster relations between lawyers of both societies. Both Societies agreed that whilst formulating the future delegation elected members of PBC are given due preference as it has worked successfully on this occasion.”
 
APL invited Chief Justice & his colleagues who refused to take oath under PCO and all elected members of Bars of Pakistan to visit Manchester on the invitation of APL during CJ’s visit to Europe in November. Mr. Manzoor Qadir President of Lahore District Bar Association has been given the task to communicate the invitation of APL to Chief justice.   
 
 
Signed:  xxxx
 
Amjad Malik, MA, LLM
Solicitor-Advocate of the Supreme Court of England and Wales
Vice Chair Association of Pakistani Lawyers (UK)
00 44 1706 346 011 & email at: APLRochdale@aol.com
Mobile: 00 44 7770983308
 
Office Address
149 DRAKE STREET
ROCHDALE
OL11 1EF

TEL: 00 44 1706 346 111
FAX: 00 44 1706 346012
MOBILE: 00 44 7770 983308
EMAIL: AMSolicitors@aol.com
 
16 August 2008

Radicalisation and Muslim youth of UK By: Amjad Malik

Whilst strongly opposing the proposed extension in 42 days detention on terrorism charges, Muslim community is confronted with one of its own self denial whether ‘radicalisation’ exist and or on the increase in the Muslim Youth in Great Britain. I would try to highlight some of the contributory factors which are relevant in order to initiate a debate and or to organise a process to curb such extremism. Newspapers in press and electronic media have left no stone unturned to project Abu Hamza and Omar Bakri as the spokesman of the Muslim community in the last decade where as the good of community were never projected in the same tone. The work of organisations, net work of mosques and activities of Muslims in general are peaceful and law abiding in an atmosphere where they feel vulnerable in general due to first 9/11 and then 7/7 tragic incidents. Trail of terrorism related legislation and finally Government’s untimely discussion over ‘Hijab’, bearded Muslims and forced marriages deprived the opportunity to strengthen the links between ancient civilisations and put emphasis on tolerance and curbing militancy jointly. Whilst Govt. is allowing media for selective negative publicity of this minority whilst other groups are carrying on their work to fuel the fire and recruit young minds towards radical and Islamist activities, though regrettable but a real threat to de harmonise the bilateral community relations. This cornering strategy has portrayed Muslims as a victim in the Great Britain and they lost the drive of self accountability as it was impossible to fight on two fronts. Radicalisation is at increase and yes, Young Muslims aged 16-24 are the prime targets of the radical groups who used annoyance, attitude and their loneliness as an excuse to incite them towards ‘revenge.’ What are the causes of youth falling prey to such outfits is multiple in number and dimensions and we analyse one by one the core reasons:
 
a)    communication gap: there is a generation gap between dual nationals came in 70’s for economic betterment whose only lust was to make economic betterment in their life style abroad and to make their future here and return in good time. Their children do not have such baggage and their priorities have changed from economic betterment to compete with locals, professionalism, football and integration in English culture. This led to individual development other than that of a group. This communication gap and change of goal post in families have caused the biggest rift where living under the same roof, parents sometimes are clueless about the likes and dislikes of their children and children culturally bound are scared to tell the truth. This situation in a few lead to a situation where forced marriages take place too where consent is missing. Language has also played a big barrier in expressing their views rightly, first generation sticking to their mother tongue whereas British youth preferred to speak English, watch football and hang around with their age group. If those young minds are lonely, feel betrayed or have a tragic episode in their lives and they are disillusioned, they have a potential to fall a prey to gang masters or outfits breeding religious lawlessness.  

b)    Lack of community support: Muslim youth do not have any support network where whilst holding their ideas, and belief they could interact with other age fellows and parents at a network which is sound, fool proof and thoroughly supervised by elders of the community. Mosques could have provided that platform but they are themselves enslaved of their sectarian compulsions and religious order thus community net work on ethnic or nationality basis was the only alternative which is mainly preoccupied by pensioners who are unwilling to retire unnecessarily. Thus Muslim youth remain voiceless, without a platform and without guidance and clear objectives. Funding too could be the real reason of the lack of such infrastructure, but to me political will seems more the cause.
 
c)    Lack of governmental support: the main important aspect of young minds to feel neglected is that despite having degrees they are jobless. If they are on the streets they are stopped more, and they are not that obedient as were their predecessors. They know their rights, which are not given easily. Their negative activities are projected more and there is no fund to accommodate young Brits on a forum or a platform where they could express themselves. Young children have NSPCA for protection from cruelty, birds and animals have RSPCA to ensure their welfare but Muslim youth has none, and nowhere to go. Some of the organisations working already in the field need cloned participants and are granted conditional funding which does not help either, as if you do not follow their do’s and don’ts you may not be able to seek membership successfully. I think if Muslims and Pakistani youth is administered as the Jewish community or Indian doctors community or Black African communities have done by their own general public the results would be fantastic, or alternately govt spend some money to provide national outsourcing, a platform where these people can rightly participate as a community. Govt need to support the youth to walk on their feet before they could run on their own.

d)    Foreign Policy reasons: Wars in Iraq, Palestine and Afghanistan are true foreign policy considerations which has forced the young minds to feel neglected at home when their religion sakes are beaten abroad. Commenting on George Bush’s policies is the hobby of Asian or Muslim youth only because of their own treatment, unemployment, lack of preference in jobs in Civil service, judiciary, police force, armed forces and or Parliament at home. Deprivation of young educated minds in the early days of their careers are trapped in red tape polices are devastating and very ambiguous approach of govt on their foreign policy decisions is causing the may hem. 
 
That is the very key which is exploited by outfits at places where such commodity is heavy in number(s) such as outside mosques with leaflets, universities, local deprived areas, crime hubs and playgrounds and they are working freely in UK in disguise, they first speak to youth and then invite them to their gigs and initiate from leafleting to a trap which lead the young minds to their own battlefield. From experience as a lawyer interacting with British youth I regrettably of the opinion that young British Muslims who are studying in their early university days, or unemployed after graduating or living in deprived areas without hope for future are vulnerable and all because of lack of community net work, parental neglect and lack of Governmental support.  Muslim youth suffers due to lonely life style and cultural and religious compulsions which force them to get attracted to the people in masks who in the name of religion teach the kids something which are not in Quran and of which parents have no knowledge of it. ‘Death of a man is a death of a mankind’ is a true version of humanity as per Quran, therefore responsibility is greater to save the coming generations from underlying increasing problem before it’s too late. It’s time that British Government takes true Muslim representatives on board unconditionally without the bribe of peerage or seat in the houses of parliament to tackle the problems confronted by Asian and Muslim Youth. It’s all about winning the hearts and minds in the fight which is being fought all around and Britain is losing so far  and British Government needs to take concrete measures whilst beefing up security, to ensure public safety and steady multi religious & cultural relations of communities in Great Britain. 
 
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
 
11 August 2008

When Character is lost everything is lost By: Amjad Malik MA, LLM

Civilian rulers are in a fix how to restore supremacy of Parliament, promote rule of law and restore free judges as their deviation from consultation has revived the dying regime of General Musharraf who was once declared ‘endangered species’ by Benazir Bhuttoo but she was turned into ‘Be Nazir’ in a mysterious fashion. Similarly Nawaz Sharif with popularity graph touching high at 86% is the biggest thorn in the throats of old mafia and his life is in such a grave danger as he is antidote of the dictator, the survivor of a clan which carries the torch of Parliamentary Sovereignty thus deserve to be preserved as a national ‘asset’. Without him the country will be left with regional leaders occupying provincial majority under the command of a force which has a history as well as a reputation. In a country where over 55 years of age prime minister material leader representing Federation is by design at threat like Liaqat Ali Khan, Zulfiqar Bhuttoo, Be Nazir, and now Nawaz Sharif which tells the sad story of the state of affairs on civilian front for student of politics and it once again demands the dire need to preserve the politics of principles, the politics of Jinnah.
 
Pakistan is not what Quaid envisaged. Debauchery and profligacy has become a  symbol of status, most of the elite is either drunk or busy counting ill gotten money and lower middle classes are leading the life below the poverty threshold. Nepotism, bribery and recommendation are the salient features of the current day police run society where might is right works as good as in English imperial rule. National resources are  in the hands of a few who play with the destiny of the country. Any new ruler keeps an eye on its gas, coal, and minerals reserves ready to claim a lion’s share. Telling a lie is not at all considered a moral  sin where in majority of the household of rich and influential an innocent child tells the caller on the phone, “papa says tell him he is not at home’ and moral bankruptcy has reined in due to dictatorial attitude in a nation of a 160 million people. Thanks to Generals Ayub, Yahya, Zia and Musharaf as the whole nation depicts a picture of their successful rule and they mirror it in their global psychological analysis and mind set. We all are turned small dictators in our own dens, all because of lack of political system, infrastructure, and basic nurseries where political activity is nourished, groomed and perfected. Individual interest has taken precedence over national interest and we are ready to be divided on the name of cast, area, language, sect  and province. Overall nationalism is all time low especially due to death of Akbar Bugti, Be Nazir Bhuttoo, and war of terror on tribal areas.  
 
Critics argue that we are better off from Nigeria, Bangladesh, and Algeria and so on and one wonders whether these are the comparators one wish to see after attaining the atomic status. Pakistan a wonder land full of natural resources, heritage, and talent where people have a passion to do something great but are confronted with illusions in a leaderless society as the land is being ruined by corrupt elite where middle classes have no direction, no offer for  future and the lack of wisdom has brain drain the country and all the top doctors are either settled in the USA or Canada serving their foreign masters. In fact, amongst them are the kids of the elite top brass who are abroad as the country where they are enjoying luxurious positions is unsafe for their kids at home. If there was any chance of them coming back, that is addressed by making Dr Abdul Qadeer Khan an example with an exemplary punishment so that no one dares to even think of national service as a duty, thus status quo remains. I feel due to their success stories in foreign lands, this reserve force of 8 million souls abroad will one day catch an eye of policy making body bodies in order to attempt to save the institutions from further decline.
 
The country is running on reserve ideas and emphasis is on ‘aid’ not on ‘trade’. Policy making bodies have not encouraged small business operatives to have access to open markets for their business growth including Europe and America. Even Chinese market is not yet open for the Pakistanis at its full scale as it should be. Investors runs when they see bloodshed on the street, suicidal missions and killings on whole sale basis. Our rulers are humiliated on foreign trips when due to lack of wisdom they brieflessly travel with dozens of entourage devoid of specialism and return with threats and a shopping list of what they need from Pakistan, of course with a few million dollars in kitty on each trip for incidental repair work of equipments due to the service they provide. US always played with carrot and a stick with the country since its inception and we are content that we are getting some money out of them. In our tribal areas missile fall like fire works. In fact now our army personnel are slaughtered by fault though it is by default as one man allegedly gave them the tacit understanding to fire at will freely in hot pursuits and they do exactly that without warning or sharing intelligence but no one tells him that he is the cause of the whole mess but who will bell the cat, no one, as Pakistan is for those who dare.
 
Country’s issue is not whether ISI is under Premier or newly found interior Minister. In fact the main issue is whether we can ever learn to start running under any set of principles, a constitution. As it stands there are two sets of system, one being constitutional the other ultra constitutional. History tells that it remained under the second for over 40 years. Political process has lost its ground in a country where military dictatorship has its foot prints on all institutions, political parties and national mind. Military rulers keep control in their hands and trust deficit is on both sides. Politicians lost opportunity like they did in early days post 18 February 2008 elections. This is a time when Pakistan needs a healing touch as too much negativity, and rigidness have affected the original stance on which the state was built. Lets make it better and make a pledge on the time of its independence celebrations that we will turn it into a Pakistan of Quaid e Azam where rule of law, justice and equality prevails. Responsibility lies on all institutions including politicians as the wiser says that if the wealth is lost nothing is lost, if the health is lost something is lost, but if the character is lost everything is lost. Our national character as a nation is at stake, is there any national leader who can dare at least to make an effort to save it.
 
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
 
1 August 2008

Work Permits gone, replaced by a new visa system, a critical analysis By: Amjad Malik

From 25 November 2008, a new visa system is coming into force where by an old work permit scheme which will be scrapped & replaced by a new system in which an employer shares the responsibilities by seeking a licence if he wishes to sponsor a foreign skilled work force. On top of that non EEA skilled workers who come from abroad will need to meet the minimum 70 points to secure entry visa to work for a specific employer in UK. This new regime will be divided into 5 categories, tier 1 deals with highly skilled migrants, and tier 2 deals with skilled workers and it will replace Work Permits scheme, and will change the law towards Minister of Religion, Airport based operational and ground staff, overseas nurses, sabbatical posts, seafarers, researchers, training and work experience scheme, Jewish agency employees as well as overseas news and media representatives who will all be required to successfully secure 70 points. We will focus on tier 2 in this article.
 
Any British Employer and or organisation which seeks foreign skilled workers will have to apply for a four year licence by making an application which will attract a fee of £300 to £1000 subject to size of the business. If an employer secures a band ‘A’ he will be able to issue a ‘certificate of Sponsorship’ akin to work permit himself to a foreign skilled worker who will in return applies for an entry clearance visa from abroad. Securing ‘B’ category will make the employer ineligible for such exercise however they will have 3 months to re attempt to secure Category ‘A’ otherwise they will not be able to sponsor foreign workers. Employer will be required to furnish the required documentation with an application such as company listings, business plan, audited accounts, employer liability and other insurances, certificate of registration with VAT and HM Customs and revenue, bank statements, relevant licences and lease documents and so on to show that they have the capacity, in built system and viability to sponsor and fund a foreign employee. With registration Britain based employers undertake to monitor the system themselves any change in the migrant worker’s professional activity at the place of their business within 10 days as well as authorising UK Border Agency to monitor, audit and do spot checks.
 
On Second stage, all Foreign Employees in the above categories will have to secure minimum 70 points to be able to come to UK to work. There are 3 main categories in which tier 2 skilled workers may come which are 1) intra company transfers if they have worked for 6 months or over in the similar company and or discipline, 2) shortage occupation category list of which will be compiled any time soon by the ‘Migrant Advisory Committee’ which advises to the Home Office Ministry and 3) if the skilled worker meets the ‘resident labour market test’ whereby genuine vacancy exists and an advertisement is placed for 2 weeks to recruit a potential employee from the existing labour market, the requirement will be reduced to 1 week if the salary is over 40,000. They will also have to meet language and maintenance requirements which will be compulsory and carry 10 marks each. Now the chart for any potential foreign skilled worker who is seeking 70 marks is as following :
 
·         Certificate of Sponsorship Category, (any one) : 1) ICT(Intra Company Transfers 30 marks), 2) Shortage occupancy (50 marks) and 3) RLMT(Resident Labour Market Test: 30 marks);
·         Section B: Maintenance (10 Marks) if you have minimum amount in your bank which is £800 a month for 3 months per applicant;
·         Section C: Language, A1 of council of Europe scale or equivalent , however no requirement of stringent language condition if it is an intra company transfer (10 marks);
·         Qualification (any one): NVQ level 5 marks, Bachelor or Masters 10 marks and PhD: 15 marks;
·         Prospective earnings: 17,000 plus  5 marks, 20,000 plus :10 marks, 22,000 plus:15 marks and 24,000 plus will carry 20 marks.
 
Looking at the above stringent conditions attached to this new system, it will have a huge impact on hospitality and catering industry as Chef’s and cooks rarely get a pay of £24,000 and they may not be classed as shortage occupancy which will deprive the food industry of the opportunity of tasting one of the best Indian curry and Chinese food which in true sense made the revolution in changing attitudes towards food culture. It replaced the fish and  chips culture to ‘chicken tikka masala’ which was voted as one of the best selling dish of the country.
 
Having said that there is no harm in applying a robust approach towards eliminating scrupulous employers who make applications without thinking and there were numerous complaints about impropriety in the past in that culture at the hands of gang masters or organised crimes criminals and trafficker mafia. Government’s un thoughtful policy of seeking thousands of migrant workers under a ‘sector based scheme’ failed bitterly and there are no concrete figures as to how many returned.  In March 2006 the Home Secretary suddenly announced that the Sectors Based Scheme (SBS) would close by the 31 December 2006. Whilst immigration remains on agenda on most of the political parties in UK, a thoughtful approach to tackle the problem is the dire need of the time and if curry chefs are not included in the shortage occupancy, then Britain will lose the taste of one of the finest Indian, Chinese and Bangladeshi cuisine which is a hall mark of modern day Britain as everyone may not afford to go to Gordon Ramsey’s.
 
A word of wise to thousands of British employers, Mosques, temples, airlines, news channels, agencies and newspapers and all those who seek foreign employees must act quickly as after 25th of November they may not be able to bring their foreign skilled workers as desired if they are not licensed. Though there will be transitional arrangements in place to accommodate existing foreign work force, however thousands of work permit holders who are already in the country working in different sectors must seek advice in order to properly continue to stay in UK upon expiry of their current work permits, visas and or permit free employment or training as the goal post will change all of a sudden without notice. Time is short and both employer and foreign workers need to act promptly before its too late.
 
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) , has done LLM and a Member of Immigration Law Committee of The Law Society of England & Wales
 
18 July 2008

Lost Opportunity By: Amjad Malik MA, LLM

18th February elections in Pakistan put politicians of opposition in a position to invoke parliamentary sovereignty, independent judiciary and civil rights hence setting their targets towards a shared goal of Pakistan as a welfare, democratic, progressive and just society.  Loss of Be Nazir as well as indecisiveness of her successors in decision making have halted the whole political system and we are progressing day by day to strengthen the dying regime rather than finishing them with the power of coalition in the early days of Parliament. I thought the mandate required them to do certain action(s) within days of the inaugural session of the parliament and the kind of things they were professing in their charter of democracy were unachievable unless both liberal and conservative forces work in alignment to achieve the reversal of 17th amendment, restoring 2nd November judiciary and ending military dictatorship of 12 October and putting barricades in the way of future coup-de-tats. However to prove Paul Nitze wrong, who will bell the cat.
 
Our military is not under civilian rule at any standards. India and Bangladesh learnt that lesson and brought from Major to Colonel promotions under the Civil government however, our top army elite is only responsible to the chief and chief is under the constitution answerable to the elected premier, though in reality he is all in all. In Pakistan Pentagon to GHQ relations are much closer and stronger and has a long history as compared with that of our politicians. These bilateral military relations gives the Pentagon an opportunity to meet our future commanders and they inadvertently mentor the future leaders of Pakistan and have their views known to their assessment bodies, at the same time playing the stick and carrot approach with our politicians who are always under cloud of accountability for their mal administration as  Paul Henry Nitze professed to deal with military in the longer run, and play with politicians with carrot and stick with accountability always hanging on their heads. This nexus which is running fine for US as well as Pakistan cannot easily be broken unless our political clan understands it fully, ready to work for the country and in a coalition for a longer time taking the top army leadership in a confidence. It entails many dangers too. The fate of two Bhutto’s, Liaqat Ali Khan and Nawaz Sharif is in front of all. At this very moment, as it appears they are not ready for it.
 
Pakistan was made for high morals, on bigger claims and ensure self respect, dignity and identity, we are running short of all despite the fact that it has a potential to rise individually though not collectively yet. Democracy could not fit or survive in a society where mind set is ripe for mental dictatorship. Political classes made General Ayub part of cabinet in his uniform despite the warning given by its founder Mr. Jinnah about the aspiring General and neglected the mandate given in 1971, thus losing one limb along with it all chances of democracy.  Pakistani elite establishment are never ready to accept the verdict of people. Adjudication on merit and justice is extinct in a society where 4 Prime Ministers are out of scene without any trial of facts. Lack of political infrastructure and respect for political classes where Police is corrupt, judges blindly follow orders and military foot prints every where is the root cause of lack of institutional strength in the 60 years old country. Political parties never could regroup, and if they ever do by luck, they lose their leaders, thus making bigger parties leaderless or confined to its strong holds. It has truly become an experiment ground at the hands of a clan who knows no boundaries and has limitless authority. Dictators pitch the story that they always came to save the country and always returned halving the remaining part, and the country as a nation could never learnt from their mistakes identified in Hamood ur Rehman commission, in fact we close our eyes on incidents like 12th of May, Benazir’s death, sacking of Judges on 3rd November, and attacks on Pakistani post in tribal areas where scores were killed and we deny the reality as if it never happened.
 
We are part of a war on terror in which other states are contributing too. Turkey refused 35 billion package and preferred to deal with the issue through Parliament as they concluded that they could not decide an issue which has far reaching repercussions for the generations. Bangladeshis intelligently got all their debts wiped off in exchange of their support for this new ideology and their 2008 budget is in surplus as compared with Pakistan which is trailing in around 10 billion. Our supreme leader in dream of pouring dollars caved in meagrely and offered ‘unstinted support’ for a drive which has a fatal consequences for us in years to come like a nightmare. Our politicians cried out loud from exile and prisons that they will work closely to make parliament sovereign and so far the most controversial and highly sensitive matters have yet to see the Parliament, though army chief has been armed with the power to call shots without a debate in Parliament. The power which rests with the Prime Minister.
 
This uncertainty is the asset of the ruling government which will be their charge sheet when someone sacks them. Their negligent quietness on national matters will cost the drive for rule of law big time and longer military regimes will be our destiny for which this time people may not be blamed as they came when called, and voted whenever asked, as opposed to our politicians as a class failed as they joined the military dictators when it suits them, passed 17th amendment, got Generals elected for presidential post in uniform, and they will do it again to prove Pau Nitze right about Pakistan. The nation will have to work heart and soul, all institutions, all political forces including armed forces and only drive for rule of law and constitutionalism is anti dote of Paul Henry Nitze’s theory on Pakistan. The historic event of 9th of March 2007 is potentially a turning point in the country’s short history – Pakistan’s leaders are now at a crossroads. The Pakistani society on the whole including lawyers, judges, civil society and media have a very important role to play to return Pakistan a country akin to a ‘dream come true’ to a democracy where the rule of law, rather than military rule, holds sway and for that we need a collective effort, political will and unified approach coupled with result oriented efforts in good with, as it stands, yet again we have lost a big opportunity. The question in every one’s minds is we truly ready to prove Paul Henry Nitze wrong once for all about Pakistan.
 
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
 
14 July 2008

42 days detention, is it ‘justified’ or merely a case of ‘islamophobia’ By: Amjad Malik

Clause 29 of the Magna Carta ensures that ‘no freeman shall be taken or imprisoned or have his liberties removed but by lawful judgement of his peers’. This 800 years old tradition is mirrored in Article 5 of the European Convention on Human Rights 1950 where it was pledged that “Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law” and due process of law and fair trial were considered as the basic ingredient of a citizen’s freedom.

Britain is also trying to revive the old attempts where post 7th of July bombings, 90 days limit of detention without trial was sought and an agreement was reached to extend it to 28 days from 14 on suspicion of terrorism.  Now UK parliament is at a crossroad to either sacrifice some of the basics of freedom or to digest Gordon Brown’s attempt to seek 42 days detention without charge. House of Commons narrowly escaped from a defeat on a bill which faces a serious opposition and dissent from treasury’s own back benchers who voted against. We expect a strong opposition in the House Lords. Human Rights organisations expressed reservations and Muslim MP’s though voted for the bill but overall general public in particular minority communities have an anxiety over it and Lord Ahmed of Rotherham has assured to fight their case in Lords.

Looking at the history being a minority community, the Irish would have felt the same pre settlement what Muslims feel now that it will be used as a ploy to increase ‘stop and search’ Muslims and detain possible suspects even if there is no evidence and in desperation, evidence may be orchestrated to avoid public outrage. People may loose liberty, livelihood and reputation for unlawful arrest and few thousand pounds ex gratia may never compensate and revive the lives back of innocent victims to a place where they were before the arrest. Feelings of Muslims are the same as would be the case of Christians and other minorities in Muslim countries over blasphemy law as lack of due process and fair trial invite manipulation of such laws and we risk serious judgemental errors. Political priorities are different too as Salman Rushdie goes scot free after being provocative hurting billions of Muslims and is knighted as a literary master in the same society where as young Samina is branded ‘lyrical terrorist’ for possessing a literary material which had a potential of incitement. I wonder what would be the case if renowned for his revolutionary verses, Pakistani poet Habib Jalab’s poetry is found in some one’s house who always waited and encouraged mobs to struggle in order to see the time ‘ when empires will fall.’ I think governments are reaping advantages by creating fear which is counter productive. 28 days detention in last one year has been used once and it does not call for need to revise the detention limit, just for insurance purposes, in case one is needed in future. Having said that in order to protect the cosmopolitan nature of the British multicultural community intelligence sharing and widening the intelligence net increasing the resources of units that combat pre crime detection of terrorism is a genuine need of the hour. Young British minds especially from religious back grounds are a fit case for delineation as they are invited participation on international political and foreign policy discussions and universities are breeding grounds for achieving disillusionment and recruitment of potential die hard anti war  segments. Govt needs to root out such elements and increase surveillance of those elements who target young minds, creating safer environment for students to interact on healthy forums too. Foreign Policy and international politics discussion is the hobby of an angry, young, and voiceless community who remain targeted and in constant fear from both sides. 

If the 42 day detention bill is approved it may be advantageous to allow time for evidence gathering and securing more convictions, thus create a fear in organised crimes community. It will also act as a deterrence to keep people away from such activities which may have a potential to be branded as ‘terrorist’. However, the potential unreasonable or excessive use of it can flare community relations. The disadvantages overpower advantages as post 9/11 and 7/7 Muslims have been on back foot feeling threatened by the political onslaught on their civil liberties and making them victim of crimes which they as a general community did not commit. I think more underground work without creating fear using existing legislation is the key to ensure all communities that they are safe and free.

I think British courts have played genuinely a praiseworthy role by separating the chaff from grain. They ensured that due process of law, fair trial and citizens liberties remain intact whilst govt ensures to protect the public and look after the interest of the state. In 1999 Muslim Imam Shafiq Ur Rehamn won his appeal on facts by the first tribunal set up to adjudicate national security deportations, same tribunal hears appeals of all foreigners who faces eviction. Law Lords in 2004 refused to allow 17 Saudis to be detained forever without a charge creating a sense of justice in the victim communities. In the same tone ‘control orders’ were scrapped if they were unreasonably restrictive in free movement jeopardising liberty of foreign individuals facing curfew of more than 20 hours.  In 2008, one of the friends of Osama, Abu Qatada was released on bail when continuous detention was sought without charge . Abu Hamza Al Masri was offered a fair trial and free legal access to his lawyers whilst he was facing strip off his nationality and extradition to United Sates on terrorism charges and Samina Malik’s conviction was quashed on the premises that it was too excessive. Looking at this I am assured that British Courts have not only gained respect but allowed the government to function as well as keeping the civil liberties intact. It was a fine balance between the interest of individuals and that of the state which was kept under check by British Courts as opposed to its counterpart US courts. Life would be miserable if on the basis of fear, further fear is created and these liberties which were achieved by continuous sacrifices of our ancestors are lost on the basis of some threats of a few fanatic and thugs, who are, and will remain in a small minority.
 
Looking at the treatment of missing persons where hundreds were handed over to CIA by Pakistani  regime & military authorities in exchange of dollars without due process of law in the absence of any extradition treaty without a judicial oversight and USA’s military trials in Guantanamo bay its very reassuring that whatever the case may be British subjects are safe in securing their basic human rights such as right to have an attorney, free trial, innocent until proven guilty and right to liberty through its free, independent, robust and pro justice Civil and Constitutional Courts. I think Labour government must also start concentrating on the issue of food crises, looming recession and dying economy as post George Bush the world priorities and politics emphasis is likely to change at 180 degrees towards economic survival rather than chasing in the hills of Afghanistan with millions of soldiers whilst at home people cry for food and over priced oil.

Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and has done LLM on national security law

20 June 2008

True independence of institutions or just a ‘job’ a short story of struggle for institutional rights in Pakistan By: Amjad M

On 5th of May 2007 Lahore High Court Bar gathered a storm where deposed Chief Justice of Pakistan was facing trial on charges of misconduct, came to the city with a procession of lawyers and won the day. He won the hearts and minds of lay Pakistanis for just saying ‘No’ to the outgoing General. Ahsan Bhoon then President of Lahore High Court Bar was at forefront in the host committee organising that event. Since then he became a priority in the eyes of establishment and like Americans say ‘there is a price for everyone in Pakistan’ Mr. Bhoon proved that right by putting the price of his leadership of popular lawyer movement for the sake of becoming Mr. Justice Bhoon proving Sir Allama Iqbal right that Muslims bowed down when the time came to standstill in the battlefield. No offence to the judge, he did what all are doing around, he grabbed what he could.  
 
Another example of a fiery anchor Dr Shahid Masood who gained prominence from his popular ‘views on news’ programme at local TV channel later was prompted or rather demoted to ‘Merey Mutabiq.’  He successfully caused stir in the ranks of the blue eyed clan by touching the corny subjects. One TV channel nearly went bankrupt as these lots were adamant that these newly liberated channels can truly bring true independence of media in a society where military regimes have deep rooted stakes visible at every corner of the major cities and ingrained in every chapters of the national history of Pakistan. He hit the nail aright and after partly causing 3 of November emergency, caved in when newly installed Government found him to be their loyal subject ready to do a job under them other than the job of nailing them for their wrong doings. At last his fire, mighty claims of principles, and future aspirations seeing media on top, all went to ashes and he gave in and accepted the hiring & firing role of chairmanship of national television PTV, a job truly well suited for a managerial type man. In UK, Jeremy Paxman would never accept a job of management of a TV station when his mastery is an anchorship of BBC ‘Newsnight’ a popular daily current affair programme. However, the sacred struggle for a genuinely free media was sacrificed at the altar of pragmatism and after shaking all the conscience of the nation to be brave and steadfast against the General, he left all on the likes of Hamid Mir, Ansaar Abbassi and Rauf Klasra or at best for the younger generations to fight for the so called freedom in some other times. He must have thought that he has done enough and let’s give other a chance, can’t blame him, he did befittingly to the environment as who knows he may not have this opportunity again. Alas, the destination is far away but struggle is lost for a job.
 
9th March initiated an era of constitutionalism in Pakistan and 20th of July 2007 could have been a beginning of a new era if the top judge understood it, however, we lost the opportunity to psychologically defeating the mind set which promotes dictatorship in our minds and attitudes. On 3rd of November General Musharraf once again imposed emergency curbing media freedom and sacking loyalist judges. Be Nazir was hunted down to save the western monopoly and despite all odds 18th February 2008 election results vetoed all the actions of the military man. Parliament came and went without declaring unlawfully confined judges as ‘restored’ instead they were merely freed by the Chief Executive who was yet to swear his oath. General Musharraf was resuscitated by the same clan who prayed 9 years for his ouster and if he survives another 6 months, critics strongly believe that he has the capacity to stay for another 5 years and all thanks to anti Musharraf forces who are wishy washy lacking unity of thought and action. Since taking his oath, PM so far, could not get time to enact the so called ‘Bhurban Declaration.’  Despite the fact that Mr. Gilani lost good 5 years of his life in jail on trumped up charges for the sake of parliament’s sovereignty, when the time came he happily handed over to the military commander the very powers and vested in him to exhibit fireworks in Fata at his sweet will. It begs the question what is the difference of Q league and the current administration, is it not just faces. Rule of law’ justice and constitutionalism became a slogan and a ball in the hands of politicians and My God, they played it well.
 
Then came a call for a long march as mandate was being humiliated by rulers. Lawyers without meritoriously bringing ‘legal action committee’  into action to adjudicate the wisdom of Chief Justice’s visit to then under trial Zardari failed in bringing a close check on those responsible rather went ahead with the leadership of one man. Aitzaz with the slogan and style of Bhuttoos and with the aid of ‘habib jalab’s verses mesmerised most of the nation especially young dancing advocates. We thought for once, that he meant it. Negligent ignorance to leave Justice Wajeeh, Siddiqui and Fakhur uddin Ibrahim behind was spared too. Then came 14th of June when all was set and ready to rock and roll but Ali Ahmed Kurd was gone and here came a messiah of the nation who taught the lesson of pragmatism that leader of his party must have understood the underlying message of this million march. In his self belief he called it a day without taking any public statement in response to his million march, in fear of unrest without proper consultation leaving the nation in shock and lawyers in dejection. How will he ever gather 5 lakhs in future, only he knows?
 
On top, people were humiliated by saying that Supreme Court Bar is short of funds and there was a fear of unrest. Alas, who will tell them that Quaid made Pakistan and 40 lakh people died at that time but no one blamed him for that onslaught. How come a few scoundrels in peaceful gathering could have created havoc in this march or sit in if the lawyers were determined? Young advocates cried and genuinely lawyers mourned with them and apologised to the nation. I must say, in the past even Clerk’s association have performed better in their negotiation skills to muster their minimum demands whilst staging a protest. He caved in meagrely, called off his moot and went to United States where all leaders go once they are tired.
 
With him on that day the dream of rule of law, justice and constitutionalism for the time being was also washed away as it will take time to pick up pieces from the rubble of pragmatism. Constitutional package is yet to be tabled and I genuinely feel for those great judges who did what they could but in the end the issue became a shuttlecock. In these circumstances, how can we expect a successful drive of democracy when every one wishes to keep his feet in two boats keeping their options open? They are busy negotiating their future on one hand whilst shouting slogans of ‘Go Musharraf Go’ and ‘long live Iftikhar’ on the other. They consider receipt of judge’s salaries out of PM’s alimony fund as their partial success, funnily they cannot see the difference, as they see everything with their own eyes and read Jalab with their style without understanding him. I think they need to read Allama Iqbal more. Aitzaz is confronted with his own conscience his aspirations, party loyalty up are against the popular drive of restoration of 2nd November judiciary. He cannot escape from lawyer’s movement as that is his recognition but he cannot decide on 40 years association either so he himself is standing in between both. Jinnah left congress the day he knew it can’t go together. His lawyer’s move against his own party PPP is failing as his party knows how to lose one stalwart for the sake of party. But he is no different to other Pakistani folks who know that freedom will take time, and in his self belief he put all off till some other day when people will not be hungry and he will have money for food, and when General Musharraf is a little more aged. That’s why we have no independent judges as the very people who raise voice for them do not want them back due to fear of losing their jobs. 
 
This is the sorry state of play of the drive of civic rights in Pakistan where all stake holders keenly keep an eye on each other so that no one could rock the boat. It’s a land where heroes are ruined like Qadeer Khan, where judges are detained like Iftikhar Choudhary and Premiers are hanged, shot and exiled like Bhuttoo’s and Sharifs. Protest leaders eyes are stuck in their bellies. Public for once is confused whether all this is carried out in genuine sincerity or everything is done for a job. It’s a fittest to survive society and I fear the day when public who always back popular movements turn into a pragmatic nation and never come out when they call, then where will all these lots go and who will give them a job.
 
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
 
2 July 2008

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


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