Monday, April 13, 2009
SCBA Chief announces Nationwide lawyers Strike over killing of Baloch Nationalist Leaders
Saturday, March 14, 2009
Muneer A Malik Arrested?
Some reports suggest that he was released later on, and he is on his way to Islamabad. There are no confirmed reports regarding his current status. It will be updated as soon as any news report confirms it.
Wednesday, October 29, 2008
South Punjab bars ‘out of bounds’ for Khosa, Naek
MULTAN, Oct 27: A lawyers’ convention has barred president of Pakistan, federal law minister and attorney general from entering all the barrooms in southern Punjab for allegedly taking a stance detrimental to the lawyers’ cause.South Punjab bars ‘out of bounds’ for Khosa, Naek -DAWN - National; October 28, 2008
“The entry of each and every person who is against the lawyers’ movement for the restoration of deposed judges is banned, whether he is President Asif Ali Zardari, Law Minister Farooq A Naek and Attorney-General Latif Khan Khosa,” a resolution passed by participants of the convention attended by representatives of all bar councils of southern Punjab stated here on Monday.
The convention also rejected Pakistan Bar Council decision suspending the licenses of the Lahore High Court Bar’s Multan Bench President Mahmood Ashraf Khan and Secretary-General Rana Naveed Ahmad, removal of both office-bearers from their posts and nomination of acting president and secretary-general.
It warned some PBC members against using the bar against the lawyers’ cause while erasing the name of Attorney General Latif Khan Khosa from the “roll of honour” of high court bar due to his allegedy interference in the matters of bar and taking a stance detrimental to the lawyer’s cause.
Addressing the convention, LHC Justice Shahid Saddiqui (retired) said during the past 60 years, rulers had always suppressed the judiciary by sending the dissenting judges home in violation of the Constitution.
He said he felt proud that he did not take oath under PCO because it was the responsibility of judges to protect the Constitution.
Another retired judge of the LHC, Justice Jahangir Arshad, said now being a lawyer he would not appear before any PCO judge.
He demanded the Punjab government should initiate a trial against a former Sahiwal DPO who was allegedly responsible for the burn injuries caused to scores of lawyers when they were protesting against the suspension of the Constitution last year.
He said the PBC had suspended the licenses of seven members of Bahawalpur Bar who had launched a campaign to remove the bar president.
He said Athar Bokhari should restrict him for elections and should avoid to interfering in the matters of high court bar association.
President LHC’s Multan Bar Mahmood Ahraf Khan said appointment of acting bar president and secretary-general and suspension of lawyer’s licenses had brought a bad name to the PBC.
Later, the participants of convention held a rally from the high court building to SP Chowk. They chanted slogans against Latif Khosa, Farooq A Naek and Chief Justice Abdul Hameed Dogar.
Monday, June 9, 2008
The black coat movement
IN a stagnant society where moral values and traditions decline, where intellectuals fail to create new ideas in order to inspire the people, where political parties take no interest in mobilising the masses for a change in the system and where leaders, instead of resisting, are ready to compromise with the powers that be in order to retain their privileges and status, the emergence of a new movement with fresh ideas and a vision for change inspires the entire society to actively participate in the struggle.DAWN - Editorial; June 08, 2008
Historically speaking, a socio-economic and political movement always makes a dynamic impact on society. It awakens the dormant forces and creates a new kind of consciousness of political and social issues. It initiates debates and discussions on the ongoing problems of society.
It generates new energy and vitality among different groups and individuals and prompts them to contribute their share in making a movement a success. In short, it provides new life and fresh blood to a decadent society.
Historians may also ask as to who should be responsible for such a movement — individuals or socio-economic and political forces? I think both factors help each other in creating and expanding a movement far and wide. Sometimes the social forces bide their time and wait for individuals to exploit the situation on the ground and lead the movement. Sometimes an individual initiates spontaneously a movement and the social forces then facilitate his work and make the movement popular.
Keeping in view this historian’s perspective, when we study the lawyers’ movement in Pakistan, we easily reach the conclusion that though the defiance by Chief Justice Iftikhar Chaudhry was spontaneous, the spark soon turned into a flame enveloping the entire society. The reason is obvious. People had suffered under eight long years of dictatorship. They were suffocated and were enduring much hardship. Public anger against the dictatorship was pent up as there was no avenue of expressing it.
President Pervez Musharraf’s arrogance was at its height. He had refused to let the exiled leaders return to Pakistan. He had planned to extend his dictatorial powers with the help of his cronies. There was no political party which was capable of launching a movement against the regime. There was no opposition to challenge the general’s authority. There were no intellectuals to inspire people to struggle against an oppressive regime. Poverty, unemployment, disparity between the rich and poor were haunting the masses.
On the other hand, the government was touting its miracle of overall successes in every aspect of life.
But Musharraf was safe as there was no threat to his authority and he successfully overran his opponents, never expecting that anybody would ever defy him. But the movement led by Iftikhar Chaudhry unleashed an indomitable force against the military regime.
Soon enough the black coat movement became a popular expression of the people’s expectations that had reached a new high. As a result of the movement, all the exiled leaders were able to return home. Elections were held and popular votes changed the structure of the government.
As soon as political parties came to power and formed a government, a change occurred in their thinking too. A change, unfortunately, for the worse! First, they started by discrediting the black coat movement as the catalyst of this political change. The PPP led the campaign by announcing that it won the majority of seats not because of the struggle for the restoration of the judiciary but on the slogan of roti, kapra aur makan.
Then the PPP started denigrating the whole movement by saying that the lawyers were struggling for the jobs of the judges and not for any higher purpose i.e. not for an independent judiciary.
It is sad that the political parties, instead of recognising the sacrifices, the tribulations, the sufferings of the legal profession for the cause of an independent judiciary, launched a campaign against the judges and created hurdles in their restoration.
History tells us that it is not necessary that a movement should succeed and achieve its object. It could be crushed by strong authoritarian forces not only physically but also intellectually through publicity and propaganda. It could be divided by the creation of different groups and it could be corrupted financially. It has happened before that a dissident movement, once broken and crushed, disappeared from the scene leaving behind a negative image created by the ruling classes in order to mislead the people.
But times are changing. We are living in a democratic and global world. There exist alternative media that can keep the popular image of a movement alive despite negative propaganda from a hostile regime.
It is a strange phenomenon that the black coat movement in Pakistan is refusing to surrender despite all the difficulties it is facing and its vigour and vitality appears to be undiminished.It will not be far-fetched to believe that this movement may succeed in forcing the political leaders to mend their ways.
It will be in the interest too of the politicians themselves if they share the struggle for an independent judiciary in Pakistan.
Sunday, June 8, 2008
The flea of inanity and the ‘PPP-Q’
By Saira MintoIN ‘A plea for sanity’ (May 28), Murtaza Razvi focused on trashing the lawyers’ movement by indicating that it lacks vision and is isolated, a movement that was being carried on “in [a] vacuum … from day one”. He also alleged that lawyers and their representatives were acting with a “tunnel vision” without any assurance of light at the end and that their one-point agenda of restoration of the judiciary was making them miss “the only window of opportunity”, that is an agreement with Mr Zardari.
One can admire the writer’s boldness in loyally advocating participation in pro-establishment mainstream Pakistani politics and the brazenness with which the PPP is promoted as the only saviour of the current imbroglio. The PPP? A party that has always jumped at the slightest opportunity to strike deals with the establishment and which may just be renamed ‘PPP-Q’ in due course!
The lawyers confronted Musharraf and his establishment when it attempted to remove the chief justice in March 2007 by force, coercion and several manipulative devices including the pretence to act under Article 209 of the constitution. The lawyers, the public and the media thwarted that attempt by exposing it and by supporting the Supreme Court to provide it with the confidence needed to stand up to Musharraf. Political parties (especially mainstream) supported it marginally and cautiously.
The lawyers’ community is representative of a wide-ranging socio-cultural spectrum of Pakistani society and within itself it adheres to democratic norms. Estimated to be 100,000 in number and spread all over the country from grassroots tehsils and subdivisions to provincial and federal metropolises, the lawyers do not belong to any one political persuasion. They are a diverse lot.
What brings them together is their profession which is dependent on the existence of an independent judiciary and the prevalence of a system of governance based on the constitution. Their bar associations and councils are professional bodies duly elected from top to bottom. They act in unison whenever there is a threat to the constitution, to the rule of law and the independence of the judiciary. This is not the first time that they have done so.
In the time of Ziaul Haq, leading lawyers suffered harassment and long terms of imprisonment for raising their voices. The political parties did not unite with the lawyers even then but taking their cue from them established their own Movement for the Restoration of Democracy (MRD) in Feb 1981. After the lawyers had held their conventions in Lahore, Karachi, Peshawar and Rawalpindi and resorted to street protests, the MRD undertook an anti-martial law campaign independently. The two movements were separate but complemented each other in working for the same objective.
Today, when the lawyers’ movement, aided by the people’s approval, the media and the real judges, has already pushed back the establishment a few steps, the political parties, especially the ‘PPP-Q’, only seem to want to enter into deals and bargains with the junta purely for personal benefits, shamelessly disregarding their commitment given in the Charter of Democracy.
Musharraf’s Nov 2007 martial law (aka emergency) which was imposed against the backdrop of the lawyers’ movement should have been a time to consolidate political forces, speed up agitation against the regime and wrap up matters effectively and finally. Nothing of the sort, however, was forthcoming from the mainstream parties, and it was again the lawyers supported by civil society and the media who agitated against the president and his coteries. The complicity of the ‘PPP-Q’ was the most glaring when the party failed to launch a movement against this group even after Ms Bhutto’s ghastly murder.
The Feb 18 elections were held under grave circumstances. The election result is now widely acknowledged to be the people’s pronouncement against Musharraf, the establishment and the emergency/martial law. While all elected representatives agreed that the Nov 3 actions were unconstitutional and that Musharraf’s continuation in power would hamper the transition to democracy, the new Assembly delayed asserting its sovereign authority to overturn the acts of Nov 3 which could have been done by restoring the judiciary to its Nov 2 position.
The drafting and development of ‘constitutional packages’ were offered as justification for the delay and even now a partial and limited restoration is being proposed — while paying lip service to the formulations in the Bhurban Declaration and the independence of the judiciary.
It is strange, indeed, in this scenario for any serious and mature commentator to propose that the lawyers, civil society and the media simply shut up and fall in line with those who have not only once again reneged on their word but are also looking for excuses to hang on to the remains of a dictatorship for their own benefit and protection.
The lawyers’ approach has been focused and to call their integrity in pursuing it ‘tunnel vision’ qualifies as either an inane and ignorant joke or cruelty or both. Lawyers have not only acted wisely but exactly according to Jinnah’s principles of unity, faith and discipline. They have kept themselves away from political manipulators and self-seekers — something that helps them stay united and strong.
It should also be pointed out, for the record, that it is wholly incorrect that the lawyers’ movement is restricted to Punjab. The huge number of people that turned out for Chief Justice Chaudhry on his visit to Peshawar on May 31 is sufficient to refute that baseless assertion.
All over the world, movements are led by trade unions under one red flag, unpolluted by political vested interests. Lawyers are doing something similar in that sense through the common bond of their profession. Their movement is neither isolated nor apolitical. It is a movement of professionals who are themselves the mainstream and their politics comprises a campaign for true democracy, not hobnobbing with the establishment. To a lot of people, there seems to be a more real and brighter light at the end of this tunnel than there is at the end of the one that the ‘PPP-Q’ wishes to drag this country through.
The long march of June 10 is well timed. If they happen, and hopefully they will, both Musharraf’s exit and the restoration of judiciary will be events that will come about as a result of the lawyers’ movement, and not because of this or that ‘constitutional package’ and the mass deception that accompanies it.
Thursday, May 29, 2008
‘Hidden forces’ out to throttle democracy: Asif
Pakistan People’s Party (PPP) co-chairman Asif Ali Zardari has said that ‘hidden forces’ are out to impose martial law and any movement against the government may snuff out democracy.‘Hidden forces’ out to throttle democracy: Asif -DAWN - Top Stories; May 29, 2008
Talking to representatives of the Punjab and NWFP chapters of the People’s Lawyers Forum (PLF) here on Wednesday, Mr Zardari said the PPP wanted not only to reinstate the deposed judges but also to introduce constitutional reforms to ensure that all state institutions worked in accordance with their roles defined in the Constitution.
ur own fault asif... kyun latka rahay ho 1 maamlay ko... is ki wajah se baaki sab cheezein ignore ho rahi hain... poor policy by PPP... jo kaam kerna hai karo aur aglay ki taraf dekho... yeh cautious approach wali policy bhi agar martial law ki taraf lay ja rahi hai to why use cautious approach??? y not do it instantly as PML-N suggests... abhi bhi time hai zardari saab... judge bahal karein, mulk mein se uncertainty khatam karein... zabardasti judges k haamiyon ko bura saabit kernay ki koshish na karein... ya phir seedhi tarah keh dein k hum bahal nahi ker rahay judges ko, jao kerlo jo kerna hai...
Tuesday, May 27, 2008
Constitutional package fails to impress lawyers
The proposed 18th amendment to the Constitution has apparently failed to address the core issue of restoring the superior judiciary to its Nov 2 (2007) position, Bar representatives said here on Monday....KARACHI: Constitutional package fails to impress lawyers -DAWN - Local; May 27, 2008
...
The lawyers and the people at large, the representatives said, were confident that the new democratic government would undo the provisional constitution order (PCO) of Nov 3, 2007, and restore the judiciary. The hopes were belied as the new rulers started dancing to the tunes of dictatorship. However, the lawyers would frustrate all moves to oust the deposed judges and retain those who took oath under the PCO, they vowed.
The representatives expressed their concern at US interference in a purely internal issue like the reinstatement of judges. “The people of Pakistan are in a position to decide for themselves as evident from their vote against dictatorship in the Feb 18 polls.” They appealed to lawyers and civil society to observe a ‘black day’ on the arrival of US envoy Negroponte in Islamabad.
Sunday, April 13, 2008
"Lawyers not responsible", says Sher Afghan's Lawyer
| Source: The Post |
Afgan's counsel denies FIR against lawyers |
| |
| Staff Reporter |
| LAHORE: Noor Muhammad Awan, counsel for Dr Sher Afgan Niazi, has declared an FIR registered by the police against 44 lawyers on charges of attack on Dr Sher Afgan fake and baseless. |
Thursday, April 10, 2008
PML, MQM trying to raise storm in a teacup: Episode engineered: LHCBA
The Lahore High Court Bar Association (LHCBA) has said the Muttahida Qaumi Movement and the Pakistan Muslim League-Quaid-i-Azam are trying to raise storm in a teacup over manhandling of former minister for parliamentary affairs Dr Sher Afgan Niazi.PML, MQM trying to raise storm in a teacup: Episode engineered: LHCBA -DAWN - National; April 10, 2008
Speakers at a session of the LHCBA here on Wednesday were unanimous that the lawyers were being blamed for beating up Niazi in an episode engineered by the presidency, and the people who manhandled the minister were indeed policemen in civvies.
LHCBA Secretary Rana Asadullah, Abdur Rasheed Qureshi, Hafiz Abdur Rahman Ansari, Mian Abdul Qadoos, Hamid Khan, HRCP chairperson and advocate Asma Jehangir and LHCBA President Anwar Kamal spoke on the occasion.
They said since March 9, 2007, sorriest of the developments took place but those, who were trying to play up the incident, did not bother speaking about it. They said at a time when democratic forces were gaining strength, the dictator was trying to show the world that democracy was not right for the people of Pakistan.
They said the whole incident was the result of a well thought-out conspiracy under which Dr Niazi remained inside the office of the lawyer, and refused to come out even after the lawyers requested him to leave the place. The role of the police – which had been present on the spot but failed to prevent the incident even after the lapse of five hours – made it abundantly clear that it was a conspiracy.
Dr Niazi had visited the same place a day earlier and had the lawyers been so interested in beating him up, they could have done it on that day, they added.
They condemned former chief minister Pervaiz Elahi, former information minister Sheikh Rashid and MQM chief Altaf Husain for using derogatory remarks against lawyers in the wake of the incident.
They said the conspiracy was aimed at sabotaging the lawyers’ movement for the restoration of deposed judges. They vowed to continue the struggle and expose what they called “nefarious” designs of the dictator.
They said they would also hold accountable any lawyer found involved in the incident. They said the lawyers were nearing their objectives and needed to keep focus on their struggle, especially after the release of the judges and the Murree Declaration between the PPP and the PML-N for the restoration of the judges.
They asked Supreme Court Bar Association President Aitzaz Ahsan to reverse his decision on resignation because none of the lawyers were involved in the incident. They said the lawyers were baton-charged, stoned and tear-gassed but they never let patience slip out of their hands. They said the incident like May 12, engineered by the MQM, could not be forgotten and the lawyers wanted to do away with this culture of aggression.
Speaking on the occasion, LHCBA President Anwar Kamal said the manhandling of Dr Niazi was a reprehensible act. Let alone lawyers, not even a layman would want to beat up even a labourer, he added.
He said the lawyers were not involved in the incident as evident from their role of being on the forefront for establishment of the rule of law, independence of the judiciary and supremacy of the Constitution.
He added the men associated with agencies had been beating up Dr Niazi while the lawyers, present on the spot, tried to protect him.
He announced forming a committee consisting of former LHCBA presidents to examine the video footages of the whole incident and prescribe punishment for lawyers found involved in Niazi’s thrashing.
He announced observing a complete strike of the court proceedings on Thursday (today) and setting up of hunger strike camps for two hours in connection with the weekly protest over the Nov 3 Provisional Constitution Order.
LHCBA Secretary Rana Asadullah presented a resolution before the house against SCBA president’s resignation decision. The resolution, which also condemned the attack on Mianwali District Bar Association offices after the incident, was carried unanimously. Mianwali is the hometown of Dr Niazi.
It also demanded exemplary punishment to the perpetrators of May 12 incident in Karachi.
LBA: The Lahore Bar Association (LBA) has accused President Pervez Musharraf and the caretaker government of, what it says, “engineering the manhandling of former minister Dr Sher Afgan Niazi in Lahore on Tuesday”.
Addressing the general house at Aiwan-i-Adl on Wednesday, LBA President Manzoor Qadir said the manhandling was aimed at sabotaging lawyers’ movement for the independence of the judiciary.
He said he was an eye-witness to the incident, and that no lawyer was involved in attacking Dr Niazi.
A mob beat up the former minister for law and parliamentary affairs on Fane Road, ignoring bar leaders’ warnings that their action would jeopardise the drive for the revival of the pre-emergency judiciary.
He said only 40 to 50 per cent of the people present there were lawyers, who had tried their best to avoid the violence. Supreme Court Bar Association President Aitzaz Ahsan had himself rescued Dr Niazi, he added.
He said police provided ample leeway to the mob to attack Dr Niazi and did not try to protect Mr Niazi “because the attackers were from them”.
He said lawyers fought the “terrorist in uniform” for the restoration of judges and an independent judiciary. He claimed the establishment was trying to create differences among lawyers.
LBA Vice-President and Secretary Malik Arshad and Latif Khan Sara added the manhandling of Mr Afgan was continuity of the ongoing campaign of violence. They asked if lawyers had beaten up Dr Arbab Ghulam Rahim.
They said lawyers would face trial if the government tried to involve even a single lawyer in the ongoing violent activities. They said saboteurs wanted to kill Dr Niazi to end the lawyers' movement.
Saturday, April 5, 2008
Lawyers for unconditional reinstatement of judges
Lawyers will not accept any constitutional package and amendment that affects reinstatement of the deposed judges including deposed Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry.Lawyers for unconditional reinstatement of judges -DAWN - National; April 05, 2008
If any steps are taken against the Murree Declaration, the lawyers will relaunch their movement, said Supreme Court Bar Association member Sheikh Ahsanuddin here on Friday.
He said conspiracies were being hatched against the Murree Declaration, whereby the coalition partners had made a commitment to have the deposed judges reinstated within 30 days of the formation of a new government.
The conspiracy is aimed to sabotage the plan of the new government about the reinstatement of all the deposed judges, he added.
The deposed judges are a beacon for the people and nothing short of their unconditional and complete restoration would satisfy them, he said.
He said lawyers’ struggle was aimed at strengthening national institutions including parliament and the judiciary. He paid tribute to the deposed judges for not bowing before the rulers.
Agencies adds: Lawyers have said they will announce their future strategy if deposed judges were not reinstated within the period as promised under the Murree Declaration.
“Lawyers community supports the decision of Barrister Aitzaz Ahsan, president Supreme Court Bar Association (SCBA), giving a timeframe to the government for reinstatement of the deposed judges,” this was stated by Sardar Asmatullah Niazi, president Rawalpindi High Court Bar Association, and Athar Minallah, member Pakistan Bar Council, while talking to journalists outside the residence of the deposed chief justice in Islamabad on Friday.
They said lawyers would not create any problem or difficulty for the government during these 30 days.
lawyers clearly oppose the method being adopted by PPP... so do I... n so should everyone of us... unconditional reinstatement would make future vioators think that their orders can be reversed, they r not the ultimate power... adopting any other means for reinstatement would strengthen their belief that they own the country n can do whtever they want to do with it, nobody wiil b able to challenge their decision
Aitzaz, Zardari stick to their positions on judges
There was "no agreement, no disagreement" on the issue of restoration of deposed judges in the Thursday night meeting of Supreme Court Bar Association (SCBA) President Aitzaz Ahsan with PPP Co-chairman Asif Zardari.Aitzaz, Zardari stick to their positions on judges
The two stuck to their respective stand on the question of sacked superior court judges, an informed PPP leader told The News. Aitzaz Ahsan wants instant reinstatement of the deposed justices, saying the talk of amending the Constitution to restore them, amounts to accepting as legitimate unconstitutional actions taken by the then chief of the Army staff (Pervez Musharraf) on Nov 3 last. It would open a Pandora's box for the future, he believes.
Instead of restoration of these judges, Zardari wants to cautiously move for the "independence of the judiciary". He is not inclined to reinstating the deposed judges. However, lawyers, supporting deposed chief justice Iftikhar Muhammad Chaudhry, say it would not be possible for the new PPP-led government to keep him and other judges under house arrest and they have to be freed immediately.
"Once the top judge is released he will be addressing bar associations all over Pakistan and will be visiting different cities in processions," a senior lawyer, aligned with the SCBA and the PPP, told this correspondent.
He admitted that this would throw up a grave challenge to the new government, which would face street trouble from day one. He conceded that this would also lead to an intense clash between the government and the lawyers' community.
In the Punjab, the provincial government to be led by the PML-N would not be opposed to the lawyers' movement and would, in fact, encourage it because of this party's unambiguous stand on deposed judges' restoration.
Another lawyer said the attitude of the federal, Sindh and NWFP governments to the lawyers' renewed movement would be different because these would not be backing it in any way. He said pressure would be kept on the PPP government to restore the judges but it would be given some time, enabling it to act in the right direction without much delay.
As far as Aitzaz Ahsan is concerned, lawyers said, it would be difficult for Zardari to tolerate him in the party if he continued to embarrass and put pressure on the PPP through his powerful street campaign.
Lawyers associated with the PPP apprehend that their party would further damage itself if it stood by its non-committal policy on the issue of restoration of judges. They feel that Nawaz Sharif, who came out with a better showing in the Feb 18 elections compared to the PPP, would further gain ground because of his stand on deposed justices.
They said had the PPP matched, if not surpassed the stance taken by Nawaz Sharif on the judges issue, combined with the massive sympathy wave in the wake of assassination of Benazir Bhutto, it would have convincingly won the elections.
zardari is not willing to restore the judges the way ppl want... the constitutional package would assert tht whtever mush did on november 3 is justified... do we want this? atleast I dont.... i want mush to b an example for potential violators n breakers of constitution... a true -ve example so that ppl stop playin with the constitution... n the country progresses in the right direction... but for now it seems that the parliament is also gonna compromise under the logic of 'doctorine of necessity'... among all the major parties I believe only PML-N is respectin the mandate it got... reason for which could be any but its stance is very clear n brave unlike the stance of PPP... see the following for details on the constitutional package n aitzaz's response
To diffuse the judicial crisis, Mr. Zardari has offered the Chief Justice Iftikar Chaudhry the position of Governor of Baluchistan. Instead of humiliating Mr. Musharraf and the Army, he has also asked the president to create a resolution on restoring the judges. Mr. Zarzari is planning to ask parliament to accept the dismissal of all the judges and then reappoint them under a fresh mandate. This may prclude Mr. Iftikhar Chaudhry from the position of the Chief Justice. more...
The word Scrutiny invites bars’ ire -DAWN - National; April 05, 2008
LAHORE, April 4: Reacting to the reports about judges’ scrutiny after their restoration, the bar associations have warned parliament of ‘consequences’ in case it links revival of the pre-emergency judiciary to any constitutional package.The word Scrutiny invites bars’ ire -DAWN - National; April 05, 2008
At a joint press conference on Friday, the Lahore High Court Bar Association and the Supreme Court Bar Association said they would resist any deviation from the Murree Declaration which sought restoration of the deposed judiciary to what it was on Nov 2.
LHCBA President Anwar Kamal, Lahore Bar Association head Manzoor Qadir, Supreme Court Bar Association Secretary Chaudhry Amin Javed and Vice-President Ghulam Nabi Bhatti and Lahore Tax Bar Association president Mohsin Nadeem were among the participants. Former SCBA chief Hamid Khan also was present at the press conference held on the high court bar premises.
The LHCBA president said lawyers would not accept any step of parliament intending to sabotage the restoration of all the deposed judges. Any attempt to curtail the tenure of the chief justice of Pakistan or provincial chief justices would also be frustrated, he said.
....
LBA President Manzoor Qadir said the political parties, now in the government, had won a heavy mandate because of the issue of the judges’ restoration. The lawyers now felt that they were not only trying to wriggle out of the declaration, but also betraying their mandate too, he added.
“Let me make it clear that the lawyers will not allow parliament to cast aside its word on the restoration of the judges,” he said. He criticised Federal Law Minister Farooq H Naik for stating that “Musharraf is a national asset”. He said such a statement not only hurt the lawyers, but also lacerated the feelings of the people who had rejected a dictator through the ballot.
Hamid Khan said the lawyers were aware of the conspiracies originating from the presidency to sabotage the process of revival of the pre-emergency judiciary. He added that the restoration of the judges and the constitutional or the so-called reform package were two separate issues which could not be tied to each other. He asked Mr Naik to make public all the steps being taken for the restoration of the judiciary.
Mr Khan said he saw no justification for President Musharraf to stay in the office because he had lost the day his party (PML-Q) faced a humiliating defeat. Parliament, he said, would have to consult the bar associations before introducing any ‘constitutional package’, otherwise, it would have no value.
Sunday, March 9, 2008
Black week starts: Police and Protesters Clash in Islamabad
Friday, March 7, 2008
Judiciary row Pakistan’s internal matter: US (as if all other matters are not)
Judiciary row Pakistan’s internal matter: US: Amnesty announces awards for lawyers, judgesSource: Dawn
By Anwar Iqbal
WASHINGTON, March 5: The White House has said that it will not get involved in the judiciary-executive dispute in Pakistan because it views this as an internal matter of that country.
“That will be a topic that the Pakistanis need to address, not the United States,” said White House Press Secretary Dana Perino when asked if President Bush will use his influence to get the former chief justice released and the judiciary restored to its pre-Nov 3 status.
Ms Perino told a news briefing in Washington that Pakistan already has a parliament elected on Feb 18 and the newly elected leaders “are working on the changes that need to take place” to settle such disputes.
However, at a short distance from the White House, leaders of Pakistan’s lawyers’ movement received a rare honour from Amnesty International for their struggle to restore the rule of law in their country.
Amnesty International gave two awards – one for judges and another for lawyers – at a ceremony also attended by a delegation of lawyers from Pakistan.
“Amnesty International, USA, salutes the judges and lawyers of Pakistan who stood up during the recent state of emergency in defence of an independent judiciary,” said a citation etched on the plaques.
Hamid Khan, former President of the Pakistan Supreme Court Bar Association, told the gathering that the US should use its influence to get the sacked judges reinstated.
The judges, he said, were sacked because they attempted to restore the independence of judiciary and not because they were releasing terror suspects, as some in the United States believe.
Mr Khan said if the US wanted to stay neutral, it should also stop supporting the Musharraf government.
He noted that while the Bush administration never shies away from expressing its support to the Musharraf government, it refuses to back the cause of the judiciary whenever this issue is raised.
Mr Khan claimed that the Musharraf government was using its influence to break up the PPP-PML-N alliance and bring a government that would agree to work with President Musharraf for the next five years.
“But the Feb 18 elections have shown that the people do not want him,” Mr Khan said. “He should step down in the greater interest of the country.”
The US administration, he said, should not try to prolong President Musharraf’s stay in power and “instead of supporting an individual, it should support the people of Pakistan”.
Sahibzada Anwar Hamid, former vice president of the Pakistan Supreme Court Bar Association, advised the US administration not to allow the fear of terrorism to prevent it from seeing the changes sweeping through Pakistan.
“If you look closely, you will see that people not only voted against the ruling party; they also voted for an independent judiciary,” he said. He argued that at least in Punjab, political parties benefited from the pro-judiciary sentiments stoked by the lawyers’ movement and if the new government fails to restore the judiciary, they too will become unpopular.
Blogged with Flock
Saturday, March 1, 2008
Aitzaz Gives Call for LAWYERS' Black Flag Week
Aitzaz Gives Call for LAWYERS' Black Flag Week:
In a statement issued here from his residence, where he is detained, Barrister Aitzaz Ahsan, President Supreme Court Bar Association, said that a Long March scheduled for March 09 has been postponed to give Parliament time to restore the deposed judges. It has not been cancelled. The lawyers, he said, appreciated the concern of the Parliamentarians and the leadership of the political parties to permit Parliament to meet and take steps for the restoration of the judges in the first instance.Aitzaz, however, said that two of the most unfortunate days in our history fell in the year 2007. On March 9, none other than the Chief Justice of Pakistan was arrested. On December 27 a much greater and far more enormous tragedy struck. The most important leader of the country Mohtarma Benazir Bhutto was martyred. The nation continues to mourn her. Lawyers have decided to commemorate both days with sorrow.
Aitzaz said that presently March 9th to 16th would be commemorated as the BLACK FLAG WEEK in and outside Pakistan . Those opposing Musharraf and seeking the restoration of the deposed judges will fly "Black Flags" through out the week as per the following recommended programme
On Sunday 9th March Provincial Bar Councils to hold conventions of Representative Lawyers presided over by a deposed judge at the Provincial Headquarters and hoist black flags
On the Monday 10th and Thursday 13th all Bar Associations will hoist Black Flags at 10.00 a.m. and after speeches by the President and other members will take out rallies. There will also be a Complete Strike on these two days. Arrangements are being made to relay the address of the SCBA President and the CJP on these two days at one and the same time to all the Bar Associations of Pakistan
Rallying lawyers will only carry black flags and black banners. Photographs of the CJP, CJs of Sindh and NWFP and lawyers who were detained may also be carried.
On other days of the week, the flag hoisting ceremony will take place every day and the General Body will meet. Speakers will address the House
Special resolutions will be passed, every day, to appreciate the courage of the three school-going children of the Chief Justice of Pakistan who have been in complete detention since November 3 and have not complained
Lawyers will distribute black flags, arm bands, and head bands during the rallies and at other times among the public. Although it will remain a lawyers' protest, students, civil society and party cadres may join with party as well as black flags
All students, particularly of law, may volunteer to help the Bar Associations.
In this regard Bar Office-bearers will contact students, businessmen, traders, professional and women organizations, chambers, trade unions for logistical assistance and support.
Aitzaz said that the Lawyers' Long March has been postponed but not cancelled. A date for it would be announced, if necessary, after the Parliament has convened. The Black Flag Week will be a soft preparatory step to the Long March and will re-energize lawyers and the Lawyers' Movement.
Aitzaz Ahsan
President, Supreme Court Bar Association
Sunday, February 24, 2008
Aitzaz Warns new parliament
Dawn ReportSome excerpts follow here, full story at Dawn website
LAHORE / HYDERABAD, Feb 23: The legal community kept up the momentum in their ongoing campaign for the reinstatement of deposed judges by using different events of their bar associations held on Saturday to spotlight their demands. At one such event Supreme Court Bar Association (SCBA) President Aitzaz Ahsan warned the leaderships of the PPP and PML-N to get the deposed judges reinstated quickly or face a movement themselves.
“The lawyers are providing a chance to the new parliament to reinstate the judges, otherwise they are all set to hold a rally in Islamabad on March 9,” Mr Ahsan said.
The SCBA leader’s detention was relaxed for a short period to allow him to cast his vote in the LHCBA election on Saturday.
Mr Ahsan said the PCO, which led to removal of over 60 judges, including the deposed chief justice of Pakistan, Iftikhar Mohammad Chaudhry, would obstruct the functioning of the new parliament.
Referring to the Supreme Court verdict on the reinstatement of the chief justice, Mr Ahsan said the decision had held out that no judge of the superior judiciary could be removed unless the Supreme Judicial Council decided to do so under Article 209 of the Constitution.
He said if the Nov 3 PCO was not discarded, it would provide legitimacy to future army chiefs to impose emergency, usurp the basic rights of the people and amend the Constitution, forcing the future governments to follow it.
The center of ‘power gravity’ would remain with the parliament if the judges were restored, otherwise it would shift to streets because the lawyers would not abandon their principled demands at any cost, he said.
“If the leadership of both the parties want the parliament to take a decision on judges’ restoration, we give them a chance,” he said. However, he warned, the tide of the lawyers’ movement would turn against them if they did not reinstate the deposed judges. Mr Ahsan said Justice Iftikhar Muhammad Chaudhry and his three children had been confined to the four walls of their house over the past three and a half months. During this period the children had not only been denied access to their schools, the whole family was without electricity, water and gas.
He condemned a caretaker minister for asking the deposed chief justice to vacate his residence. “If he is interested in getting the official residences vacated, he should get the Army House vacated from Gen (retd) Musharraf first,” Mr Ahsan said.
Former Supreme Court Bar Association (SBCA) president Munir A. Malik said that only an executive order was sufficient to enable deposed judges to assume charge of their offices, but a resolution adopted by newly elected parliament would certainly strengthen the position of judges.
“We believe that judges stood reinstated after the lifting of emergency and only an executive order is sufficient to restore them to the pre-Nov 3 position.
“However, a resolution from parliament will be needed to strengthen this position,” he said.
Blogged with Flock
Tuesday, February 12, 2008
It's just a rock! It's just a bruise
"It's just a rock, I'm fine. Don't worry." I said to my friend standing next to me, blinking from the pain, as a broken piece of a brick hit me square in my shin. We were at the capital of our country, trying to reach the house of our Chief Justice held captive by a brutal dictator. The extent of his brutality, we were just beginning to get a taste of.
This was a procession of over 1500 lawyers, students, civil society members, gathered to protest against the blatant usurpation of our judicial institution, our media, as well as our fundamental rights. There were around 150 of us who had come from Lahore to join in today's protest. Marching on to the judge's enclave, we were chanting slogans, singing songs "na mera Pakistan hay, na tera Pakistan hay; yeh uska Pakistan hay jo sadr-e-pakistan hay…" [This not my Pakistan, this is not your Pakistan; this is that person's Pakistan, who calls himself the president of Pakistan…] followed by proclamations of our struggle to get our country back. "Freedom is ours, if you don't give it to us upon asking we will take it..." Wherever you looked, you saw people who had come together, united to fight for the collective good. Stating it was enough, we will no longer be silenced. We will no longer hold back, or bow our heads low.
What for many in Islamabad had become common at protests, for us from Lahore was a first. Treatment meted to us from the police in our city is worlds apart. The recognition that the police itself is oppressed and exploited is adamant amongst the students of Lahore. A suo moto notice had to be issued by a pco-judge in Lahore to get the police to arrest us-the students. The police here was something else.
I was towards the front of the procession, when we saw smoke, and ran backwards thinking it was tear gas. Soon we realized it was fire trucks positioned to hose down protestors with cold water in this chilly weather. They kept hitting us with cold, high pressure water in vain. When it became evident that we would keep going nevertheless, the police started shelling us with tear gas. Most of us smelled CS gas for the first time as we ran backwards experiencing its excruciating effects. A friend had held my hand and almost dragged me along as we ran backwards. Don't breathe. Don't fall. Don't stop. I kept repeating to myself as my throat, eyes, and nose lit on fire. I ran as far back as possible. The spoiled, protected and sheltered girl that I was, nothing even close to this viciousness had touched me before.
It was a surreal feeling as I stood on the very periphery, panting through my scratched throat and rubbing my burning eyes. This was only the beginning. I saw people coming back, drenched. Saw an Auntie who had fallen in a puddle. Saw a girl about my age screaming at the top of her lungs at the police meant to protect us, the people. I found myself craving to be up there, at the front, with my fellows, facing the onslaught. I did not come here as an audience to watch the show from the sidelines, a voice from deep within asserted. And I advanced. Whilst screaming GO MUSHARRAF GO at the top of my lungs. Who was where, who was who; nothing mattered.
While everyone was trying to regroup, some other girls and I started chanting louder than we had ever known our voices to reach, "LATHI GOLI KI SARKAAR, NAHI CHALAY GI NAHI CHALAY GI; YEH DEHSHET GARDI KI SARKAAR, NAHI CHALAY GI NAHI CHALAY GI" [this government of brute force and coercion, we do not accept we do not accept; this terrorist government, we do not accept we do not accept] and we marched. Amidst tear gas, amidst burning and itching throats, amidst pelting stones; nothing was going to stop us.
It was a battle field. It was us the people against them the colonizers—our military state. A broken piece of a brick hit me, I shrugged it off. A much bigger brick hit the girl next to me on her hip and left her limping for a while, she didn't stop. There were lawyers who would come in front of us whenever stones would be thrown our way. Yes, many of our serving police specifically targeted the women. We went on. There were students who would pick up the falling gas bombs spewing the poisonous gas, run to the police as close as possible and drop it back on them. Many would come back staggering almost falling from the effects of the gases, whom we would have to hold up and give salt to, and back they would go to do more.
The police would retreat as tear gas bombs hit them, and the people would cheer and dance. Then many more would be thrown at us, and back to work for all of us. For over two hours the police could not advance on us.
As the situation intensified, so did our chants. "Musharraf ka jo yaar hay, ghaddar hay ghaddar hay; biknay ke liye jo tayyar hay, ghaddar hay ghaddar hay. YEH POLICE BHI GHADDAR HAY, YEH POLICE BHI GHADDAR HAY, YEH POLICE BHI GHADDAR HAY" [Whoever is a friend to Musharraf, is a traitor, is a traitor; whoever is a willing to sell out, is a traitor, is a traitor. This Police is traitor, this police is a traitor, this police is a traitor]. Ultimately the police stormed us. A certain police officer who was especially targeting women ran after me full force. I took cover inside a house to save myself. Never have I run so fast in my life. Many were beaten up, some had to be hospitalized.
Today was more than just another protest. In the midst of raw emotions, hurt limbs and hoarse throats, the only thing that mattered was the wrong being done to us. Indignant, and offended at this treatment; our protest very much was for human dignity. And more than anything else, the sensitivity that this now offended dignity of ours cannot even compare to the years of torment and subhuman treatment that most of our people in this country have endured. Well no more. Passivity that translates into consent and complicity, never again!
Thursday, January 31, 2008
Wednesday, January 30, 2008
Lawyers unveil plan for ‘Iftikhar Day’
Source: The News International Besides the Lawyers community, the HRCP and the People’s Resistance to also take part in the protest
The lawyers community will stage a protest demonstration on Thursday to celebrate “Iftikhar Day” at the Karachi Press Club (KPC) to express solidarity with the deposed Chief Justice of Pakistan (CJP) Justice Iftikhar Muhammad Chaudhry.
The call for a country-wide protest demonstration was given by the Sindh High Court (SHC), and was later endorsed by the Pakistan Bar Council, which, in a joint meeting, declared to observe January 31 as ‘Iftikhar Day’ to salute the former chief justice for his continuous detention since March 9, when he was made non-functional by the President of Pakistan Pervez Musharraf.
Giving plans for the day, President Sindh High Court Bar Association (SHCBA), Rashid Razvi, in a joint press conference at the Shuda-e-Punjab Hall on Tuesday, informed journalists that all the bars of the country would observe the day by holding demonstrations, protest processions and seminars across the country to pay homage to deposed Chief Justice of Pakistan Iftikhar Muhammad Chaudhry.
General-Secretary, Karachi Bar Association (KBA), Naeem Qureshi, while giving details of the protest plan, said that all 310 bars of the country, including the Supreme Court Bar Association, Pakistan Bar council, Sindh Bar Council, all the high court bars of the country and the Malir Bar Association (MBA), endorsed the decision.
He disclosed that the elected body of the KBA, along with its members, would reach the SHC in a form of a caravan, where MBA members would also join in. A joint governing body meeting would be held at the SHC, from where thousands of lawyers would march towards the KPC.
He appealed to all civil society organisations, NGOs, students’ bodies, political party leaders, labour unions and other concerned citizens to join the rally to voice their protest against the illegal detention of the CJP and their support for the revival of democracy, rule of law and restoration of all judges deposed after promulgation of emergency on November 3.
The procession to the KPC from the SHC would be led by Rasheed Razvi. Speaking to journalists, the SHCBA president said that no judge in the world had ever been detained, which was, unfortunately, the case for jugdes in Pakistan.
He said that the CJP was to appear before the review board, but, to date, the government had been unable to produce him there, nor was any habeas corpus filed by any lawyer for his detention.
He further said that, unfortunately, while most wanted criminals such as Rashid Rauf were at large, a respected CJP was under detention. Razvi said that the CJP was not even allowed to offer Eid prayers, as if he was a hardened criminal.
He said that the action against the judiciary, media and other segments of society was taken by the government only to prolong one man’s rule,
Judges who were removed under the PCO would also address the gathering on “Iftikhar Day”, informed Razvi, who, however, added that their names could not be disclosed due to security reasons, as they would be placed under house arrest, he apprehended.
Vice President of Malir Bar Association, Ashraf Samoo, also endorsed the call.
Replying to a question, Razvi said that the HRCP has supported the call, while a civil society organisation, the People’s Resistance, has also backed it. He said that no political parties have approached the lawyers in this regard.
The political parties were, however, requested to include the restoration of judges in their election manifesto, which would help lead the country towards real democracy. During a meeting with Asif Zardari at Naudero, Qureshi said, they requested him to include the demand for an independent judiciary in the PPP election campaign.
so many awards for Pakistani Judges and Lawyers: Another one
Source: New York Law Journal & New York State Bar Association (NYSBA)
Annual Award for Distinction in International Law and Affairs presented to the Lawyers and Judges of Pakistan, as represented by Aitzaz Ahsan, in asbentia
Embattled judges and vulnerable children are among the issues to be taken up this week as more than 5,000 lawyers gather at the Marriott Marquis in Times Square for the annual meeting of the New York State Bar Association.
The International Law and Practice Section tomorrow (Wed. Jan. 29th 2008) gives its annual award for distinction in international law and affairs in absentia to Aitzaz Ahsan, on behalf of the lawyers and judges of Pakistan. Much of that country’s legal and judicial community has been in conflict with Pakistan’s leadership since President Perves Musharraf suspended the constitution and replaced seven of the 11 members of the Supreme Court.
Mr. Ahsan, president of the Pakistan Supreme Court Bar Association, has been under frequent arrest for his efforts to restore Iftikhar Muhammad Chaudhry as chief justice.
Earlier this month, the New York City Bar Association granted honorary membership to Justice Chaudhry. In November, the city and state bars, as well as the New York County Lawyers’ Association, organized a rally attended by about 700 people at Manhattan Supreme Court in support of Pakistan’s lawyers and judges.