Restoration of judges should have been step 1... :(

Nawa-i-waqt

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The flea of inanity and the ‘PPP-Q’

By Saira Minto

IN ‘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.

DAWN - Editorial; June 06, 2008

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PPP on 'Save Mush Harm Pakistan' mission

Selective indemnity proposed in expanded PPP package

By Syed Irfan Raza

Pakistan people’s Party’s constitution amendment package contains insertion of Article 270AAA to give indemnity to certain actions of President Pervez Musharraf, including ordinances issued between July 12 and Dec 15 last year, but is vague on the issue of proclamation of emergency and Provisional Constitution Order (PCO).

The package, containing about 80 amendments, if approved, will make drastic changes in the Constitution to restore the sovereignty of parliament and curtail the powers of the president.

But perhaps the most significant of all the measures suggested is an amendment to reinstate all the judges who were sacked under the emergency order and to reinstate them to the position that existed on Nov 2, 2007.

The package suggests amendments regarding reinstatement of the superior court judges, a new form for members of the armed forces, validity of general elections of 2008, renaming of the NWFP and changes to the article dealing with high treason.

A copy of the package was handed over to Pakistan Muslim League-N chief Mian Mohmmad Nawaz Sharif by Law Minister Farooq Naek in Lahore on Sunday.

Analysts said the indemnity to be provided in the proposed package to President Musharraf would pave way for him to step down because most of his actions that had become controversial would get constitutional cover and, therefore, might not be challenged in a court.

The latest version of the Constitution contains new articles 270AAA, 270B and 270C providing indemnity to the acts of the president, including the sacking of about 60 judges, under his controversial decision to proclaim emergency. The 17th Amendment had introduced Article 270AA validating earlier acts of the president.

My Comment: Shame on PPP acts... it is not goin to help pakistan in any way. How can they add this indemnity to such an act in their package??? they certainly are not sincere in restoring teh judges... r they nuts????

The insertion of Article 270AAA (point 73) might have been included in the package at a later stage because it has not been reported in the media.

Earlier, the media had been told that the package contained 62 amendments but the draft given to the PML-N chief has about 80 points.

It may be mentioned here that President Musharraf had already inserted an article in the Constitution and its clause-I validates the proclamation of the state of emergency on Nov 3, 2007.

However, the Article 270AAA proposed in the package does not mention specifically the proclamation of emergency and the National Reconciliation Ordinance.

Selective indemnity proposed in expanded PPP package -DAWN - Top Stories; June 02, 2008

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‘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.

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.

‘Hidden forces’ out to throttle democracy: Asif -DAWN - Top Stories; May 29, 2008

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...

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مذاکرات ختم، تفصیلات کا اعلان کل، نواز مطمئن

پیپلز پارٹی اور مسلم لیگ (ن) کے درمیان عدالتی بحران کے حل کے لیے دبئی میں طویل مذاکرات ختم ہوگئے ہیں جس میں فریقین نے کہا ہے کہ ججوں کی بحالی کے معاملے پر اتفاق ہوگیا ہے۔

جمعرات کو مذاکرات کے ایک اور تفصیلی راؤنڈ کے بعد میاں نواز شریف نے صحافیوں کو بتایا کہ ’میں بات چیت سے مطمئن ہوں اور ججوں کی بحالی پر اتفاق ہوگیا ہے۔
‘

BBC

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.

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.

Aitzaz, Zardari stick to their positions on judges

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...

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It does matter

PPP, PML-N ‘poles apart’ on judges issue -As expected from PPP :(

Source: Dawn

By Ashraf Mumtaz

LAHORE, March 5: The PPP and the PML-N remain “poles apart” on the issue of reinstatement of the deposed judges of superior courts and ties with President Pervez Musharraf, notwithstanding their resolve to form a coalition, with the Awami National Party as their third partner.

“We are poles apart. The PML-N just wants that all existing judges should be sent home and those deposed on Nov 3 should be reinstated,” said a PPP leader who attended talks between the two sides.

Sources close to Mian Nawaz Sharif and privy to the discussions held by the two sides on Tuesday night said that the PPP team had asked the PML-N to soften its stand on the question of judges and not to make it priority item on its agenda.

“Nothing is common (between the two sides) and nothing is likely to be common,” said the source, indicating that the two sides would continue their deliberations in an attempt to find some common ground for cooperation.

PPP leader Asif Zardari and PML-N leader Nawaz Sharif are expected to meet in Islamabad on Friday to discuss matters concerning formation of the government.

The PML-N sources said their party could not afford to change its stance on the deposed judges and President Musharraf.

A PPP leader said that President Musharraf was under no obligation to seek a confidence vote from the new parliament. “There is no such provision in the Constitution. However, if he wants to show his following in the new house there is no harm in taking such an initiative,” the leader said, adding that the PPP was not calling on the president to prove that he enjoyed majority’s support.

“Let the new system take off. We want all matters in accordance with the Constitution. If the president stays non-partisan and doesn’t convert the Presidency into a hub of political conspiracies, we will have no problem working with him.”

Some reports say that the PML-N wants Musharraf to either step down or take confidence vote from the new assemblies.

The PML-Q has not lost hope that it would be able to form a government with the PPP because of the latter’s differences with the PML-N.

PML-Q sources say that knowing well that they were hated by the PPP the Chaudhrys have given Hamid Nasir Chattha a mandate to try to persuade the PPP leaders to agree to forming a coalition with them.

Mr Chattha had been close to Benazir Bhutto when the PPP and the then PML-Junejo were coalition partners during 1993-96.

One source said that Chaudhry Shujaat Husain may step down as party chief to pave the way for Chaudhry Pervaiz Elahi, the PML-Q’s new parliamentary party leader in the National assembly. Once he quits, some other office-bearers may also follow suit.

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Two third majority not needed for restoration of judges: Aitezaz

LAHORE: President, Supreme Court Bar Association Aitezaz Ahsan Wednesday demanded all the judges be released and restored; two third majority is not requisite for the reinstatement of judges, as only executive orders can restore them.

Addressing a press conference, Ahsan said if the deposed judges are restored, then the apex court will decide about the subsequent judges, adding Supreme Court can do so in the light of Al-Jihad Trust case.

'The present judges were not entitled to deliver the verdict in favour of President Pervez Musharraf; as, the judges related with this verdict were the beneficiaries of this decision, accordingly, they cannot pass the judgement on President Musharraf case,' he maintained.

How can the apex court entitle someone to introduce amendment in the constitution, when the apex court in itself is devoid of amending the constitution, he observed.

Aitezaz Ahsan demanded President Musharraf to quit his office.

He said Benazir Bhutto declared in front of the whole world that Iftikhar Mohammed Chaudhry is the actual chief justice of Pakistan and PPP cannot back down on this.

Vowing to arrive in Islamabad at the earliest to work for the restoration of the judiciary, Ahsan said PPP stance regarding independence of judiciary is very clear cut, adding, 'If the judges are free to act, then resultantly, judiciary would be independent.'

Ahsan said he would go somewhere to relax for two to three months following the freedom of judiciary.

Commenting on elections results, he maintained the coalition governments will be formed except in Sindh and anti-Musharraf forces will make alliance.

'No minister from the former government won the elections, if anyone from the coterie came, it was due to PML-N ticket,' he said.

Aitezaz said there was only one condition in which PPP could have worked with President Musharraf, if the candidates backed by Musharraf had won the elections; however, the people rejected the Pro-Musharraf candidates.

Aitezaz clarified that he was not aspirant of any office in case Musharraf is brought to impeachment.

He held Makhdoom Amin Fahim the most suitable candidate for the premiership, adding the next prime minister of Pakistan should be chosen from Sindh after martyrdom of Mohatarma Benazir Bhutto, as she always reposed confidence in him.

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Rule of Law project LUMS-US Report Urges U.S. Lawmakers To Demand Restoration of Judiciary

REPORT URGES U.S. LAWMAKERS TO DEMAND RESTORATION OF THE JUDICIARY

FOR IMMEDIATE RELEASE - WEDNESDAY, 23 JANUARY, 2008
CONTACT: Devin Theriot-Orr, LUMS Rule of Law Project, (0334)428-9694,
rlp@riseup.net

Washington, D.C. - The Rule of Law Project at the Lahore University of Management Sciences (LUMS) is issuing a report today entitled "Defending Dictatorship: U.S. Foreign Policy and Pakistan's Struggle for Democracy." The report is co-authored by members of a delegation from the United States National Lawyers Guild and is the result of a ten-day fact-finding visit to Pakistan to assess the status of the judiciary and the prospect for fair elections in light of recent attacks on judicial independence. The report criticizes U.S. foreign policy in Pakistan, concluding that U.S. support for resident Musharaff and its failure to demand restoration of the deposed judges will have long-term negative impacts on the judiciary and the rule of law in Pakistan and damage regional safety and security.

The report also concludes that the upcoming elections are unlikely to meet international standards due to widespread systemic and structural problems, including pre-poll abuses and the failure to enforce existing election regulations. Additionally, the report addresses press freedom in Pakistan, noting that severe restrictions faced by all media, in particular the Urdu-language press, constitute a "serious threat" to Pakistan's democratic development.

"The independence of the judiciary is a cornerstone of a functioning democracy. The United States' support for a dictator and its failure to demand the reinstatement of the deposed judges is critically damaging demcratic development and threatening regional safety and security," stated Rule of Law Project Director Devin Theriot-Orr.

David Gespass, the Vice President of the National Lawyers Guild and the leader of the delegation, stated that "We intend to share the report with the American people and place it before our elected representatives to help effect a drastic change in U.S. policy towards Pakistan that emphasizes human rights and democracy as the only real means of reducing the threat of terrorism."

Professors Roger Normand and Justice (ret'd) Jawwad Khawaja of LUMS established the Rule of Law Project to serve as an academic clearinghouse for documentation and research regarding constitutionalism and the rule of law in Pakistan. The Project is developing a comprehensive report on the impacts of the PCO and seeking information from all lawyers and members of civil society who were arrested, detained, or mistreated following the PCO.

"Restoration of Judges and Democracy" convention at LUMS

By: SAC Correspondent

The convention organized was an immense success. So many people showed up that we did not have seating place. Many were standing around or sitting on the floor or stairs in the auditorium. The next convention therefore will be organized in an even bigger hall. The attendance was over 200 people.

The convention began by Hamid Zaman addressing the audience and introducing the host, Talat Hussain. Following that, the panelist began by giving their viewpoint on the matter of the restoration of the judiciary. Retired Justice Fakhrunnisa from PPP and Ahsan Iqbal from PML-N both promised their party's commitment to the cause of the people.

Retired Justice Fakhrunnisa declared her commitment to the struggle for the restoration of the judiciary, and stressed that after elections her party will do all in their power to get the judiciary restored. She said Benazir gave her life for the struggle of democracy, and democracy is not possible without the restoration of the judiciary. Hence, PPP will first and foremost work towards that.

Mr. Ahsan Iqbal declared the recent mobilization of the civil society and students as nothing less than marvelous. He said that throughout history, countries have survived poverty, hunger, illiteracy etc but never has any country survived without justice. He said that the lack of justive effects the poor and the middle classes the most, as they are unable to shield themselves from those with power. He declared that today, the civil society and the students have stepped forward to become that shield. He pointed to the historic nexus between the judge, the general and the Jageerdar and said that for the first time in the history of Pakistan, a judge dared defy this nexus and give hope to the desolute and oppressed masses. He said that Nawaz Sharif himself will administer an oath to ALL party nominees in front of the Public. This oath will profess the utmost commitment of each to the restoration of the judiciary and the constitution. He said that Pervaiz Musharraf insulted 160 million people in his address in Europe when he declared Pakistanis as undeserving of democracy, and that Pakistanis deserve it as much as any other country. He declared Musharraf as obsessed with power.

Mr. Hamid Khan, began by historicizing the lawyer's movement. That it had begun since the first coup by Musharraf. He strongly denounced any system of which Musharraf was a part of, and added that when Benazir made a deal with Musharraf, it was a most painful moment in the lawyer's movement. He blamed this deal for the fact that Musharraf was able to remain on his seat post March 9. He therefore also denounced the current elections taking place under Musharraf's biased government. He also said that had all the parties boycotted elections from the beginning Musharraf would have been unable to retain any power and that Political parties should have only contested elections on the condition that Musharraf resign.

Mr. Parvaiz Hassan, representing Mr. Tariq Hassan in the convention, said that the so-called deposed judges are not under the law deposed. They are still legally the judges. He declared that the only solution to the problem of the repeated coups by the military is via recourse to the article 6 of the constitution. He said that Musharraf should be tried before the courts (once the judges have been reinstated de facto) for high treason. He also said that not only Musharraf but the PCO judges should also be held accountable. He stressed that unless this process of accountability begins in the country, there is no hope.

Mr. Ahsan rasheed representing PTI, stressed that these elctions are neither free nor fair. He emphasized the principled stance of his party in this regard. He said that his party now had an expanded electoral base, and stood to win many more seats, but purely on principles has decided to boycott the elections. He said that Imran Khan was offered to become part of the Musharraf government previously as well, but had refused each time.

The talk was very charged with emotions. A lot of people denounced Musharraf. Many also said that we will now hold the political parties equally accountable. PML-N and PPP were also questioned on judicial independence during their terms in power. Retd Justice Fakhrunnisa responded by saying that her party never deposed any judges. And Mr. Iqbal said that Nawaz Sharif was the first Prime Minister of Pakistan to ever present himself in front of the court. He, however, also stated that his party has learned from their past mistakes and was willing to improve hand in hand with the people. This was appreciated by many from the civil society that at least an acceptance and willingness to improve has been expressed. The general consensus of the convention was that Musharraf must immediately resign, that no power sharing agreement with him was acceptable and that the judiciary must be restored. PPP was also asked to give an official firm stance on the issue of the judiciary and to administer a similar oath as the PML-N. All politicians were asked to give an oath that if they are unable to restore the judiciary they will resign from politics.

(Although video of this event will be televised in an episode of 'Live with Talat', on Aaj TV, but we will also post here the UN-CENSORED videos of the event, in a couple of days)