Pakistan braces for judicial war

Islamabad , April 27 — Pakistan President Asif Ali Zardari and his government are now getting ready for one last battle – possibly the toughest one yet – in which they will take on the judiciary which has questioned parts of the 18th Amendment Act. The bill was passed into law last week amidst much fanfare and with the endorsement of all the major political parties of the country. The Supreme Court has formed a larger bench to hear petitions against the 18 Amendment Act, particularly objections raised against Clause 175-A which deals with the appointment of judges to the superior courts. Petitioners, which include the son of former military strongman General Zia ul Haq, have asked that the supreme court strike down the 18th amendment “as it is against the constitution.” The line being taken by the petitioners is that the 18th Amendment Act changes some very basic concepts of the constitution which it is not empowered to do. Ijazul Haq argues that “it is not the mandate of the present parliament to alter the constitution as this is the job of a constituent assembly.” Another petitioner – Akram Shaikh pleaded that the procedure proposed in the 18th Amendment for appointment of judges to the superior judiciary “is the fourth attack on the judiciary and must be checked.” He prayed to the court to “define the the paremeters according to which the parliament can make laws.” Amongst the legal community, there is heated debate over whether the Supreme Court can strike down an act of parliament. On one side is the president of the Supreme Court Bar Association, Qazi Anwar, who says that no changes can be made against the spirit of the constitution. On the other side is Aitezaz Ahsan, former lawyer for Chief Justice Chaudhry Iftikhar who says that the Supreme Court lacks the jurisdiction to strike down constitutional amendments. Ruling party politicians insist that the government will fight a legal battle with the judiciary and if all else fails, “will take the case to the people.” A possible political referendum is being hinted. In all this, there are fears that the government will enter into another protracted political crisis – which it can ill afford at this point.

So far, the statements being issued by PML-N leader Nawaz Sharif indicate that while the party is not in favour of a confrontation, if required it will stand for the supremacy of parliament. This has given the Zardari government comfort for the long term.

Musharraf ‘shedding crocodile tears’, says ex- Pak SCBA chief

Islamabad, Sep.19 (ANI): Pakistan Supreme Court Bar Association’s former President Aitzaz Ahsan has said that former President General Pervez Musharraf is ‘shedding crocodile tears’ while admitting that removing Chief Justice Iftikhar Muhammad Chaudhry from office in 2007 was a mistake.

Referring to Musharraf’s speech at Trinity University in Saint Antonio, Texas, where the former general admitted that he had committed a mistake while sacking the then Chief Justice of Pakistan (CJP) from office, Ahsan said Musharraf had committed not only one but two mistakes by removing the higher judiciary and imposing an emergency in the country on November 3, 2007.

Talking to a private television channel, Ahsan said the government and the ‘independent’ judiciary should play their role in trying Musharraf under high treason charges.

He said it was not the right time for lawyers to take their struggle to roads, as they did previously while demanding restoration of the judiciary, The News reports.

Meanwhile, the Pakistan Muslim League-Quaid (PML-Q) has denied that Musharraf had taken the cabinet into his confidence before promulgating the Provisional Constitutional Ordinance (PCO) and imposing the emergency rule in 2007.

Interacting with media persons during an Iftaar party hosted by PML-Q President Chaudhry Shujaat Hussain, several party leaders rejected the notion regarding Musharraf consulting the cabinet before taking the illegal and extra-judicial actions. (ANI)

‘Pak Govt. should take initiative for Musharraf’s trial’

Karachi, Aug. 9 (ANI): A prominent Pakistani legal expert has said the PPP-led government should take the initiative to prosecute former president Pervez Musharraf for violating the constitution.

The Dawn quoted former Supreme Court Bar Association President Aitzaz Ahsan, as saying that the apex court had declared Musharraf’s as actions as illegal, but it could not try the former dictator since it was not a trial court.

Speaking at a general body meeting of the Karachi Bar Association, Ahsan praised the neutrality of the judges, who were affected by Musharraf’s November 3 emergency declaration.

Although Musharraf’s steps had affected all judges of the bench, they did not lodge any case against him and his associates for unlawfully detaining them with their children for around five months, he said.

At a time when nobody was ready to raise his voice against Musharraf, it was the legal community which forced him to doff his uniform, and allowed the exiled political leaders to return to the country, Ahsan said. (ANI)

Chaudhry not restored under any deal: Aitzaz Ahsan

Lahore, Apr.9 (ANI): Pakistan Supreme Court Chief Justice Iftikhar Muhammad Chaudhry was not restored as a result of any deal, former Supreme Court Bar Association president Aitzaz Ahsan said on Thursday.

Addressing the lawyers here, he said that Chaudhry would continue to provide justice to the masses through suo motu notices.

Last month, Chaudhry said that the real judiciary had been restored after a long time and now the dignity of the court and institution would have to be restored. He also said that the judiciary would have to be cleaned of corruption.

Speaking after resuming his duties as Chief Justice, Chaudhry said that irregularities would not be tolerated in dispensing justice.

He added that the stories of corruption from civil judge to Supreme Court were common, and urged upon the lawyers to co-operate with him in stamping out corruption.

Justice Chaudhry further said if there was any complaint of irregularity, then a petition could be filed in the Registrar Office.

He said he was thankful to the people on their struggle for restoration of judiciary. (ANI)

Sacked judges restored in line with Benazir’s promise: Aitzaz

Rawalpindi (Pakistan), Mar.18 (ANI): Former Supreme Court Bar Association president and leader of the lawyers’ Long March, Chaudhry Aitzaz Ahsan said Wednesday that the restoration of the deposed judges was in accordance with the promises made by slain former Prime Minister and PPP leader Benazir Bhutto.

Talking to newsmen after visiting the Benazir’s memorial here, he said martyrs never die and she is also with us in this gathering.

“We renew our pledge of complete loyalty with her,” he said.

Ahsan offered prayers and laid a floral wreath on the memorial.

Ahsan’s statement came two days after agitating lawyers, political activists and former PM Nawaz Sharif propelled Justice Iftikhar Chaudhry to his rightful position as the Chief Justice of Pakistan.

In a swift response to President Asif Ali Zardari’s acceptance of the need to restore judges deposed by President General Pervez Musharraf in 2007, Sharif, who had set off on a ‘Long March’ from Lahore to Islamabad on Sunday, ended the agitation and declared victory.

Following intense pressure mounted by Army Chief General Ashfaq Parvez Kayani and the United States, Prime Minister Yusuf Raza Gilani announced in a televised address to the nation that Chaudhry and other judges sacked in November 2007 would be reinstated.

As Pakistan celebrated people’s power, Chaudhry described his re-instatement as a “great success” for the two-year-long agitation led by the country’s legal community. He will resume office on March 21.

Ahsan then said that for the chief justice to be able to work, he must have the cooperation of the government.

“We appeal to the government to cooperate with the chief justice and not create hurdles for him,” Ahsan said. (ANI)

Leaders, intellectuals welcome Pak Govt’s move to restore deposed chief justice

Lahore/Islamabad/ Gujranwala, Mar.16 (ANI): Former Pakistan Prime Minister and chief of the opposition Pakistan Muslim League – Nawaz (PML-N), Nawaz Sharif, on Monday congratulated the whole nation over the reinstatement of the deposed judges.

Addressing a charged “Long March” rally in Gujranwala, Sharif termed the restoration of deposed Chief Justice Iftikhar Mohammad Chaudhry as a big success and a prelude to positive change in Pakistan.

Praising Chaudhry for not bowing down to the dictator (Musharraf), Sharif said the decision to call off the “Long “March was made after consultations with Jamaat-e-Islami Ameer Qazi Hussain Ahmed, Pakistan Tehreek-e-Insaf Chief Imran Khan and Supreme Court Bar Association (SCBA) President Ali Ahmed Kurd.

Senior PML-N lawmaker Jehangir Tareen was quoted by the New York Times as saying that the events in Lahore showed the depths of resentment in Punjab against the national government, and had no decision been taken, it would proved dangerous to President Asif Ali Zardari and his government.

“This (Long March) showed the people resent the arbitrary action of the national government, and the fact that it has no respect for the mandate the people of Punjab gave to the P.M.L.-N,” Tareen said.

Eminent journalist and former Pakistani ambassador to the United States and Britain Maleeha Lodhi said: “This is uncharted territory, there’s great uncertainty, no one knows what is around the corner.”

Presidential spokesman Farhatullah Babar said that the decision to reinstate Iftikhar Muhammad Chaudhry as chief justice of Pakistan was taken after consultation with the leaders of coalition parties.

The Daily Times quoted him as telling a private TV channel that President Zardari had taken MQM chief Altaf Hussain, JUI-F chief Fazlur Rehman and ANP President Asfandyar Wali into confidence about his decision.

When asked if any other leader was consulted, Babar said he was not aware of it.

PML-N leader Javed Hashmi was quoted by the same paper as saying that the decision to reinstate Chaudhry should be seen as a victory for the entire nation.

He told a private TV channel that not only was it a victory for the PPP, but also for Prime Minister Yousuf Raza Gilani, President Asif Ali Zardari and the entire nation.

He said all the political parties; lawyers and civil society activists deserved credit for the CJP’s reinstatement.

Chaudhry’s spokesman Athar Minallah, however, warned that it would be detrimental for democracy if the government tried to curtail Chaudhry’s term in office.

Talking to reporters after the prime minister announced Chaudhry’s reinstatement, Minallah said the lawyers would stage 10 more ‘Long Marches’ if they found the decision dishonest in any respect.

He said the country’s problems could not be resolved without the supremacy of law, demanding the doctrine of necessity be buried for good.

The reactions came after the Pakistani Government agreed early on Monday to reinstate the independent-minded former chief justice of the Supreme Court, a stunning concession to the opposition leader Nawaz Sharif, who was heading toward the capital in a convoy threatening to stage a mass protest over the issue after he broke free from house arrest at his residence near here.

Earlier, police officers clashed with supporters of opposition parties on Sunday in Lahore, Pakistan.

The concession, broadcast on national television by Prime Minister Yousaf Raza Gillani, came after a tumultuous weekend in Pakistani politics in which a dispute between President Asif Ali Zardari and Sharif had escalated into a major crisis that was destabilizing nuclear-armed Pakistan, already under pressure from a growing Islamic insurgency and severe economic troubles.

The decision to restore Chaudhry, came after calls to Zardari and Sharif, including from Secretary of State Hillary Rodham Clinton, asking them to ease their differences.

The Obama administration’s special envoy to Pakistan, Richard C. Holbrooke, said the United States applauded “the statesmanlike act by President Zardari and hoped that it would help defuse a dangerous confrontation so that Pakistan, with the help of its many friends, can address the nation’s pressing and urgent needs.” (ANI)

Pak-US Society to protest against Geo TV ban in Pakistan

New York, Mar. 14 (ANI): The Pak-American Society is gathering in New York on Saturday to stage a protest against the ban on Geo News transmission in Pakistan.

“This is a dictatorial act perpetrated by a so called civilian government,” The News quoted Pak-American Society President Sham-us-Zaman, as saying.

Many prominent politicians and lawyers, including Qazi Hussain Ahmed, Imran Khan and Ali Ahmed Kurd, are expected to address the protest gathering.

Later, a conference by the name ‘Geo and Jeevay Pakistan’ will be held here which will be addressed through telephone by PML-N leader Nawaz Sharif, former President Supreme Court Bar Association (SCBA) Aitzaz Ahmed and PML-N Information Secretary Ahsan Iqbal.

Meanwhile, various national media organizations have strongly condemned the blocking of Geo news in various cities of Pakistan, and they have announced going on a nationwide strike on Sunday.
Karachi Press Club (KPC), Karachi Union of Journalists (KUJ) and international media organisation “Reporters without Borders” condemned the blocking of Geo news transmission in the country.

The secretary general of Pakistan Federal Union of Journalists, Mazhar Abbas said, “The act of blocking the transmission of any news channel or media cannot be justified. The government starts suppressing the media whenever it finds itself in crises.” (ANI)

Sharif demands immediate release of detained activists

Lahore, Mar 12 (ANI): Pakistan Muslim League-N chief Nawaz Sharif today demanded immediate release of the lawyers, representatives of civil society and politicians arrested by police for participating in the lawyers’ long march.

Meanwhile, police baton-charged lawyers and political activists and manhandled dozens into vans at Karachi Toll Plaza on Thursday.

Police also arrested several lawyers and leaders of Pakistan Muslim League-N, Jamaat-e-Islami, Pakistan Tehreek-e-Insaf, National People’s Party and Sindh United Party who gathered at Toll Plaza to leave for Sukkur, The News reported.

Those who have been arrested include President of Sindh High Court Bar, Rasheed A. Rizvi, former President of Supreme Court Bar Association (SCBA) Munir A. Malik, JI leader Dr. Mairaj-ul-Huda Siddiqui, Sunni Tehreek leader Shahid Ghauri and Muslim League leader Captain (Retd.) Haleem Siddiqui.

According to police sources, arrest warrants of 11 political leaders have been issued and orders were passed to stop the long march protestors at Toll Plaza.

Police baton-charged activists and manhandled dozens into vans in Karachi, as thousands defied the government in a mass protest.

The Jamaat-e-Islami leaders Prof. Ghafoor Ahmad, Asadullah Bhutto and Mohammad Hussain Mehenti, president Karachi Bar Muhammad Ali Abbasi, general secretary Naeem Qureshi and many other political workers have been arrested from Karachi.

Earlier, a large number of lawyers gathered outside Sindh High Court (SHC) from where long march was kicked off. A rally of lawyers, headed by Rasheed A. Rizvi, left for Mazar-e-Quaid at 12pm from Sindh High Court Bar room. Police had sealed all the routes leading to City Court before the protestors arrived there.

Lawyers in black suits and opposition party activists carrying flags and punching their fists in the air marched in Karachi and Lahore, demanding that President Asif Ali Zardari reinstate sacked judges.

Hundreds of thousands of lawyers, opposition supporters and civil activists will join a four-day convoy on the 1,500 kilometers (940 miles) route from Karachi to Islamabad, where it is intended to arrive Monday. (ANI)

Pak Government continues with security crackdown as ‘Long March’ gets underway

Lahore/Karachi/Quetta, Mar.12 (ANI): The Pakistan Government continued with its security crackdown on opposition leaders and activists for the second consecutive day Thursday, even as the proposed “Long March” got underway in various provincial capitals.

Police said that close 100 more leaders and activists had been taken into custody on charges of disturbing the peace and compromising law and order.

In Baloch capital Quetta, political workers and lawyers gathered defiantly for the proposed “Long March”. Shouting slogans and waving party flags, they boarded cars or organised sit-down protests. Pictures of sacked Pakistan Chief Justice Iftikhar Mohammad Chaudhry and leaders of various legal organisations dotted the skyline and accompanying vehicles.

Agencies quoted Ali Ahmed Kurd, president of the Supreme Court Bar Association, as saying: “I want to make it clear that we have been peaceful for the last two years and we are peaceful at the moment but our way should not be blocked.”

The so-called “Long March” to press for an independent judiciary could destabilise the year-old government of President Asif Ali Zardari at a time when key US ally Pakistan faces severe problems from Islamist militants and a sinking economy.

In Karachi, Pakistani lawyers and opposition parties were heading for a showdown with the government which has banned rallies and detained hundreds of activists.

Paramilitary soldiers and police surrounded the High Court where lawyers were assembling, witnesses said.

‘Our buses are not being allowed in so we intend to walk,’ Munir A. Malik, a former president of the Supreme Court Bar Association and a protest organiser.

The protesters are expected to converge on Islamabad on Monday to demand the reinstatement of Chaudhry, who was dismissed by former president and army chief Pervez Musharraf in 2007.

The protest organisers plan a sit-in outside parliament, although the government has said the rally will not be allowed in the city centre.

Zardari has refused to reinstate the judge. Analysts say he fears Chaudhry could nullify an amnesty Musharraf granted Zardari and his late wife Benazir Bhutto.

His main rival, opposition leader and former prime minister Nawaz Sharif, has thrown his weight behind the lawyers, putting him into open confrontation with Zardari.

Sharif, who is also infuriated by a Supreme Court ruling which barred him and his brother from office, and which he blamed on Zardari, called the protest a defining moment for Pakistan.

The government has threatened to prosecute Sharif for sedition if violence erupts during the “Long March”.

If the crisis becomes acute, the military, which has ruled for more than half the country’s 61 years of history, may have no choice but to step in.

Top US and British diplomats have been meeting all sides in recent days in an effort to work out a compromise.

The United States called for restraint and urged all sides to avoid violence and respect the rule of law, a US embassy spokesman said.

Worry about political turmoil has weighed on financial markets in recent days but the the main stock index opened higher and the rupee was flat.(ANI)

Pakistan’s sovereignty linked to success of lawyers’ movement: Sharif

Lahore, Feb.21 (ANI): Extending his full support to the lawyer’s protest scheduled for March 16, former Pakistan Prime Minister and Pakistan Muslim League-Nawaz (PML-N) has said that Pakistan’s sovereignty was linked to the success of the lawyers’ movement.

Anticipating an unfavourable decision by the Supreme Court on an appeal against his eligibility, PML-N chief, Nawaz Sharif has announced that his party would also participate in the lawyer’s sit-in next month.

Talking to mediapersons on the sidelines of a meeting with a group of lawyers headed by Supreme Court Bar Association President Ali Ahmad Kurd, Sharif said is party would take every necessary step to ensure a respectful re-establishment of sovereignty of judiciary in the country.

“Our party is even ready to go beyond ‘sit-ins’ to ensure the independence of judiciary. The day is not far when the sacked judges will be reinstated honourably,” The Daily Times quoted, Sharif, as saying.

He expressed hope that the sit-in would be ‘effective and result-oriented’one.

Sharif lamented at the failure of the current regime to restore the independence of judiciary and the 17th Amendment, which it had promised earlier.

“I regret that the government did not fulfill its promise of the restoration of judiciary and that the 17th Amendment, the National Security Council and the Legal Framework Order inherited from Musharraf still existed,” he said.

Sharif said he would welcome any step taken by the ruling Pakistan People’s Party (PPP) for the restoration of judiciary ahead of the next month’s protest march.

He also urged citizens of Pakistan to participate in the march to show solidarity and protest. (ANI)