Sharif’s exile of 6 years - By: Amjad Malik, MA, LLAM
Sharif’s completed their 6th year of exile on 9 December 2006 and they are currently continuing their struggle for military free real democracy in Pakistan. Pakistan since the formation of 1973 constitution has seen 2 military Coup’s and none have delivered anything to Pakistani people and in fact, dictators left leaving behind ruins but never admitted their mistakes. In 1971 during Yahya’s reign we lost East Pakistan and Bangladesh emerged due to ruler’s unfair policy of not sharing power with them. We did not learn any lesson and ‘Hamood Ur Rehman’ commission report was hidden for decades. In General Zia’s regime we lost ‘Siachen’ and acted as hired guns against Russian aggression and same continued when we were playing on the flute of our masters becoming party to killing of thousands of Muslims in Afghanistan on the name of so called ‘war on terror’. Neither brave General Musharaf’s ‘Kargil’ mystery is resolved nor he could conquer ‘Dehli’ in his 7 years unlawful rule. General Musharraf came to power to bring about true democracy and rule of law. His 7 points agenda is all in tatters and his good governance is sacrificed on the alter of scandalous government which has land mafia, sugar and cement crisis, oil price hike, steel mill reference, stock exchange crash, Nabbed’ ministers and incidents of ‘Bajaur’s medal on their collar with hundreds of unfinished achievements of which each one of them is worthy of shame. A common man fears that if permitted these rulers will not hesitate to sell Mangla Dam for a potential housing scheme as they are on ‘hit and run’ policy because their political days are numbered and only true Parliamentary democracy is the future of Pakistan.
Musharaf bitterly failed in achieving what he himself offered to nation. Kashmir is still in turmoil, Qadeer Khan is made an escape goat, industry is ruined and investor is scared, Provincial harmony slogan has witnessed ‘Akbar Bugti’s killing, and services has not reached to lower level but individual has and this devolution is weakening the cause. In order to continue his unlawful rule, judiciary is weakened further and Chief Justice Mr. Siddiqui was made to go home without reason and oath under PCO hit the nail aright and judiciary lost its teeth thus his claim of cheaper justice at the door step of common man was gone out of the window, now it is the face saving exercise. On the name of enlightened moderation, a youth is given an illusionary direction where Indian culture is already all over on us and the results are disastrous, a common man is in a fix his dream of having a respectable living in a just and democratic society is still far from reality. General sahib promised to shed his uniform by 31 December 2004 which was not kept as well as he continued his rule by becoming President himself. His NAB did not touch the one who took refuge under his wings however, opponents were grilled as state enemy.
His claim to have earned millions for taking part in War and handing over culprits to US is open for challenge when Pakistan’s deficit is growing faster and difference is amounting to 10 billion. SC decisions are mocked and common man is committing suicide as there is no self respect and no respectable living, we are victim of brain drain as all middle class top students are attracted for H1 visas or HSMP migration to US, Canada and Europe and working hard to reform foreign countries. Now this is the horrid picture of Pakistan painted by current rulers where transparency has graded us on 142 number in corruption and we are in top 30 corrupt countries and the level is over 60% higher than any political government in the past 35 years. Women Protection Bill has added insult to the injuries of the nation where an unjust and untimely discussion is initiated which has no relation to the common man’s problems of rule of law, health, justice, education and reforms in all sectors. This government rather than taking the blasphemous cartoon issue to European Court has given flame to the West to ignite that we are intolerant and extremist if we protest. Hadood Ullah is touched by one man without involving ‘Islamic Ideology Council’ and at a time when war is at our doors, economy is going down, corruption is ripe and democracy is far far away and as Be Nazir Bhutto said that no contingency after General Musharaf as as ‘Musharaf is an endangered species’ in those circumstances only fair, faster and firmer justice and free elections can ensure that no one dares to breach the core essence of Pakistan’s constitution. We need a strong system not couple of ‘sham convictions’ to deter political activists and leaders to save our country from destruction. Federation and future of Pakistan lies with democracy which is not possible unless and until free elections are held under independent care taker set up and judiciary needs to play its role.
Turning to Sharif’s Mian Shahbaz Sharif President Pakistan Muslim League (N) former CM Punjab and was deported from Lahore Airport to Jeddah on Monday 11, May 2004 when he attempted to return to his homeland. This was another political twist which Pakistanis were shocked to see how such an unconstitutional and ultra virus action could be allowed. Mian Nawaz Sharif and his family imprisoned under charges which were politically motivated after his ouster by Military , while the old and the young of his family were put under house arrest for months. As a result of military action, Pakistan was suspended from the Commonwealth. On the 9th of December 2000, Prime Minister Nawaz Sharif along with his family was exiled to Saudi Arabia. Mian Shahbaz Sharif current President of the Pakistan Muslim League (N) resisted the extreme emotional blackmail and refused to leave his prison cell in Landhi jail in Karachi. Despite his resistance, he was forced to board the aircraft by the brutal force of the military authority. During his stay in Saudi Arabia he developed a serious ailment in January 2003 for which he had to urgently travel to the United States where he underwent a surgery in New York. On 11th May, when as a result of Supreme Court observation in his two petitions to the Supreme Court, the Court ruled that every citizen has a right to enter and remain in the country of his origin and there can not be any restriction put on his entry. On paragraph 15 of the Judgment of SC in Const Petition Number: 55/2003 said that govt. neither deny his right to enter and remain nor brought on record any agreement / document permitting the government to force the petitioner to live in exile. The Para says as following: “15.It is significant to note that neither in the comments nor during the course of arguments the Federal Government/ Government of Punjab has disputed the right of the petitioner being a citizen of Pakistan to come back to the country nor referred nor brought on record any agreement/document permitting the government to force the petitioner to live in exile. On paragraph 28 C confirmed that AG did not dispute the article 15 rights of the petitioner: “28.It is not denied by learned Attorney General for Pakistan and Advocate General Punjab nor so could be denied that Article 15 of the Constitution bestows a right on every citizen of Pakistan to enter or move freely throughout the country and to reside and settle in any part thereof. It is a settled proposition of law that the right to enter in the country cannot be denied but a citizen can be restrained from going out of the country. The petitioner is a citizen of Pakistan and has a constitutional right to enter and remain in the country. 29 (2) For reasons to be recorded later on, both these petition are dismissed with an observation that the petitioner may come back from abroad subject to the law of the country.” Mian Shahbaz Sharif’s family returned to Pakistan to attend their daughter’s wedding but unfortunately, on 1st July 2003 under an illegal order of the military government, his wife and daughters were hunted down and arrested without any charge in the most cruel and humiliating manner and made to forcibly board a plane to Jeddah. Mian Shehbaz Sharif tried to go back to his country but was forcibly deported back to Jeddah from Lahore despite his willingness to appear before court of law as was said in SC’s observation in his petition No. 55/2003. Sharif never followed it up in courts for specific relief and or for contempt after his deportation as he learnt the state of play that justice will be denied by the current rulers to him, but Political circles, intelligencia and lawyer community asked on numerous occasion that it was the duty of court when State failed to produce any evidence, did not disagree petitioner’s right to enter Pakistan, therefore his removal from Lahore to Jeddah was an act of contempt as well as was in defiance of Supreme Court observation. Court must look into this matter as once the observation is given, any action otherwise makes it questionable and sub judice and needs to be looked by the Supreme Court for complete scrutiny evaluating all statements which were given after deportation as if the Govt of day has won a war. This was confirmed by General Musharaf ‘In the line of fire’ published in the end September 2006. On page 166 first paragraph on sixth sentence, it reads as following, “It must be said that Shahbaz Sharif initially refused to sign and did not want to leave Pakistan. But we could not have this partial acceptance.” General Musharaf however reiterated in December 2006 once again when he was interviewed by an Indian Journalist that if any one out of the exiled 2 leaders attempt to enter Pakistan to take part in election, first of all they will not be allowed, and secondly one of them will go to Saudi Arabia and the other to jail. Nation asks where does the court fit in when he himself is judge and jury to decide who should be the Chief Executive of the country negating the will of people and denying their right to choose. That one sentence not only supports all previous statements and apprehensions of Sharifs & strengthen their case that courts must take suo moto action for the safe return of the exiled leaders. Mian Shehbaz Sharif’s deportation & defiance of General Musharf after failure to deliver his so called ‘7 points agenda’ to keep Sharif’s & Mohtarma away from Pakistan proves the following:- The government does not care for rule of law and they found him guilty without trial of unknown charges and deported him under a contract which is unknown and unseen and no access to court was provided;
- The government did not respect the Supreme Court observation that no restriction can be put on citizens on their entry and every citizen has inborn right to enter and remain in their country of birth; the deportation of Mr. Sharif thus amounts to contempt of court. Accordingly under the rules of natural justice, he should have been allowed to wait till his petitions were decided.
- Most important of all, current regime does not wish to see any opposition leader carrying a political profile like Nawaz Sharif, Shehbaz or even Kalsoom Nawaz and Be Nazir Bhutto outside on the streets telling the masses what is going on in the country. That is a clear example of weakness on part of the Nabbed government.
- Posted by valiantpk on 14/12/2006.
- valiantpk's site
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