Posts tagged pakistan

Times When Judiciary in Pakistan Could Set an Example but It Laid us Down

Often we jump into the debate, to determine who has delivered the more damage to Pakistan? Military dictatorship or Democratic government? Writing off the mysterious role of Judiciary in the history of Pakistan.

The strongest pillar in any country is supposed to be its judiciary. As it plays a role of a middle ware, no matter the country is being run by democracy or dictatorship.

There are countries without the military, but there is no country without its judicial system. As its an existential issue for them.

Since after the day of creation, a tussle of power had started in Pakistan. This power can be of Military Uniforms, Political Designation, or the Lawyer’s Black coat, these have marked some mysterious prints in the history of Pakistan.

But above all , a judiciary is a system that can over held any decision, either by military or political masses for the betterment of the state. Also it can only happen, when the judiciary is willing to do so.

Its been so unfortunate that, in a country like Pakistan, judiciary or the designation of the judge is somehow meant to enjoy the limitless power. Such power that can topple any govt, any narrative etc. And not being wrong here, the history of Pakistan proved me right. Every time when Pakistani nation looked up to the judiciary to see the example being set, the judiciary had laid us down.

Here are the times, when our judiciary could set an example but it didn’t:

Constitutional Coup 1954

Just after the 7 years of the creation, Pakistan had tasted the constitutional coup. Khwaja Nazimuddin’s (Second Prime Minister of Pakistan) government as well as the first constituent assembly of Pakistan was dismissed by then Governor General Malik Ghulam Muhammad with the support of Ayub Khan.

“Its no surprise to learn about this fact because Pakistan is still suffering from this epitome, yet even today, but in different form.”

The decision to dissolved the constituent assembly of Pakistan was challenged by Maulvi Tamizuddin, the speaker of the constituent assembly in the Sindh Court and later the Sindh Court overturn the decision in favor of the speaker Tamizuddin by restoring the power of the constituent assembly.

Yet this decision wasn’t acceptable to the powerful ones, those who enjoy remaining above the law and so on the decision of Sindh Court was further challenged in federal court.

And what else could happen? That was the perfect time when judiciary could set an example by upholding the rule of the common man so as the constituent assembly, otherwise known as civilian government. But unfortunately, as this blog title suggests, our judiciary/Federal Court at that time comprising of Justice Munir and others condoned the action of Gov General Malik Ghulam Muhammad and ruled in favor of him, declaring that the constituent assembly was not a sovereign body.

That was the time, when our judiciary could’ve saved the Constituent Assembly of Pakistan, from being dissolved for the first time. But!

ZAB’s execution!

Today we are all aware of the famous slogan “Zinda hai Bhutto Zinda Hai!”. This slogan gained the momentum right after the execution of former Prime Minister of Pakistan and founder of Pakistan People’s Party Zulfiqar Ali Bhutto.

Zulfiqar Ali Bhutto was arrested by the army on the allegations of murdering his political opponent Ahmed Khan Kasuri (father of Ahmed Raza Kasuri) in 1974. Yet after 10 days of his arrest, he had been released from the court on the basis of incomplete evidence. Later on the Bhutto arrested again, but this time by Gen Zia under the Marshall Law.

The trial of Mr. Bhutto kept going for next 5 years and then suddenly, Bhutto was awarded with the death sentence in 1979. Those witnesses who testified against Mr. Bhutto weren’t even present at the moment when Bhutto was awarded the death sentence. One of the witnesses recanted his testimony, declaring that it been extracted from him under torture.

Moreover, the manipulation of judges had been done multiple times to not let Bhutto’s sentence to death from Lahore High court over ruled. Not only this, there were no concrete evidence that can led to the confirmation that Mr. Bhutto has killed his opponent.

After all the efforts by the state and no resentment from the judiciary, Mr. Bhutto finally hanged till death on 4th April 1979 over the death sentence by Justice Mushtaq Hussain of the Lahore High Court.

40 years after this controversial decision and execution, the decision to sentenced death to Mr . Bhutto found bias today. Even the relevant judges and personalities of that time, marked this decision as a biased from the court and Military ruler of that time Gen Zia ul Haq. In addition, the judges have also confessed on the live television in several talk shows that the decision to hang Bhutto was abrupt blunder.

Yet another time, our judiciary stands at the wrong side of the history!

The Ayan Ali’s fiasco

What is required to prove an accused of a crime? An evidence. Right. But what when the accused can still be more powerful than law, so that even an evidence of the CCTV Camera footage of money being laundered isn’t enough to stop her movement.

Well, yeah, I’m talking about the mighty Ayan Ali, who on march 25th 2015 was arrested by the Airport Security Forces under the charges of money laundering, allegedly carrying $5,00,000 in her luggage boarding the flight for United Arab Emirates from Benazir International Airport Islamabad.

Since then the musical chair between the courts and Ayan Ali went on, in which the model has been arrested multiple times.

Allegedly involved several politicians, this case was another test case for the entire judiciary of Pakistan, in which did the judiciary not only failed, but even failed to protect the life of their own man. Inspector Ejaz Mehmood who supposed to be the key prosecution witness in Ayan Ali’s case, had been shot by two unidentified man outside his house in Wazir Khan 2015.

Surprised? Not yet. The widow of Late Ejaz Mehmood, recorder her statement in court that the fashion model Ayan Ali is responsible for the murder of her husband.

My husband was in charge of the PIA Cargo air freight unit (AFU) state warehouse at Benazir International Airport in 2015. He was the first person that took official custody of the currency recovered from the fashion girl. Ejaz told the police that Mahmood told her that he was under a lot of pressure due to his association with the high-profile case. – Saima (Ejaz’s wife)

Its been 2019, and still Ayan Ali is out of the reach of Pakistani courts, so as the killers of Ejaz Mehmood.

Shehad v/s Alcohol

“Sharab ki bottle or us main Shehad…”

Its so unfortunate for Pakistan and its people, that those culprits who had been caught red handed by the Chief Justice of Pakistan along with a crystal clear evidence, find the easiest way to get acquittal from the court. Be it Shahrukh Jatoi or Sharjeel Memon، both have been succeed so far to throw dust in the eyes of Pak judiciary.

Recently, the holy Chief Justice of Pakistan Mr. Saqib Nisaar caught Sharjeel at the hospital bed, where he found the bottles of wine too along with Sharjeel. The same happened with the Shahrukh Jatoi who too caught red handed by the Chief Justice enjoying luxuries in his jail.

Sharjeel Memon is roaming freely, and the other one is about to release at least his tension regarding his death penalty.

Rao Anwar’s acquital

And when we are discussing the blunders of Judiciary in Pakistan, the story is incomplete without the discussion of the man who is a Senior Superintendent of Police in profile, but in actual holds more power many of the Member of National Assemblies and Senate.

Who can forget the Rao Anwar, an alleged murderer of Naqeebullah Mehsud and the blue-eyed boy of Pakistan’s powerful elite.

Rao Anwar’s case is rare, very rare, in its own way, that after being held responsible for Naqeebulah’s death consecutively for the two times, he’s still allow to roam freely. And just when (02/07/19) I’m writing this piece, I’ve just discovered from the news channel that Rao Anwar’s bail has been accepted and he may be free from all charges soon.

On the contrary, the vocal critic of PM Khan’s govt and among the top leaders of PMLN — Rana Sanullah has been arrested by the Anti Narcotics Force over the charges of carrying prohibited drugs. Probably Rao Anwar’s crime wasn’t just serious enough, and killing somebody is lesser crime than Rana’s one.

Nothing, but sympathies for the father of Naqebullah Mehsud, who after the assurance from COAS Gen. Qamar Javed Bajwa still failed to find justice for his son. Oh! just remembered the same assurance had been given by the previous Army Chief Raheel Sharif after the brutal killing of Farooq Sattar’s coordinator Aftab Ahmed. What about that?

May We, the people of Pakistan gets the Dam of Justice instead of Damn Justice!

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Who is Leading the Muslim World?

This article doesn’t mean to degrade the judges who with their countless efforts paved the way for democracy and impartial judicial system in Pakistan. However, this article means to highlight the flaws committed by out judiciary which could set primary examples if solved as per public expectations which clearly didn’t.

Also, let’s hope that the sane voices like Justice Qazi Faiz Issa gets enough space to emerge in the horizon of ill-fated democracy.

Who is Leading the Muslim World?

It’s about almost 50 years ago, the Organization of Islamic Cooperation (O.I.C) was formed. An organization representing the population of over 1.8 billion with 53 out of 57 being Muslim countries, reached on a consensus to become the collective voice of the Muslim World and works to safeguard and protect the interests of the Muslim World following International peace and harmony.

Those were the days when a ray of hope emerged for the Muslim Ummah to become a single body under the united leadership of several Muslim countries. Oi- rich countries to small countries with several newly born, all got united to provide a better future to the Muslim Ummah.

Who led the Muslim World and when?

The biggest question at that time was who will lead the consensus? And that was about who will lead the Muslim World? The largest Muslim populated country Indonesia will lead or oily rich Saudi Arabia? The military power Pakistan or the Post-Ottoman wound retail Turkey? And by leading means, a country with a foremost voice to head O.I.C.

In a broader scenario, there haven’t been any specific or formal country claims to be the leader of O.I.C. However, time to time, there has always been a country who seems to be leading the Muslim World with its unprecedented economic and diplomatic value in the current World.

The 1967 Arab/Israel War

In 1967, just 2 years before the creation of O.I.C, a war had erupted between a Jewish State Israel and the neighboring states of Egypt (known at the time as United Arab league). It was the third Arab/Israel war within a span of 20 years. Egypt and its neighboring countries consisting of Syria and Jordan had suffered appropriate damage.

Following the end of this war in the month of June, the Khartoum Conference was convened in September 1967. This was the first Arab Summit to be held after the end of third Arab/Israel War. This conference was important for a several reasons. First, the Arab leaders agreed to unite their political efforts on the International and diplomatic level to eliminate the method of War and to force Israeli forces to withdraw from Arab occupied lands. Second, the King Faisal of Saudi Arabia announced the substantial financial assistance to the front-line states (that have been involved in the war). Third and foremost, the Kingdom of Saudi Arabia came out as the only single country to have balls to lead the Muslim World (mostly the Arab Countries). And this was due to several reasons :

  • The King Faisal of K.S.A encouraged other countries such as Libya and Kuwait to join in the offer to give financial assistance to the front-line countries.
  • Also, this conference underscored some of the constants of Saudi Arabia’s stand on the Arab-Israeli conflict. Moreover, it was decided that the Kingdom wouldn’t recognize the state of Israel as long as the holy sites of Muslims in Jerusalem were under Israeli control.
  • Despite the strong rejection of K.S.A with any kind of negotiations with Israel, diplomatic and political efforts were not ruled out. Also meanwhile, the military force was not seen as the ideal and exclusive method for liberating the occupied Arab states.
  • As the kingdom has never been a front-line state; neither it had any military confrontation with Israel not it wants directly.

Not only this, even in the 1970’s, the Saudi Arabia invested heavily to put its weight behind improving the Syrian and Egyptian military capabilities. This led the K.S.A to form a coordination triangle with Egypt and Syria, forging countries to consulted on strategically and military issues.

And it was due to this muscle, this trio produced one of the most successful military campaigns that the Arabs have ever launched against Israel. Furthermore, the Kingdom led other Arab oil producers in imposing an oil embargo on the United States and other countries for their support to Israel.

The Saudi Arab under King Faisal was undoubtedly the leader of the O.I.C/Muslim World for the late 20th Century. However, it couldn’t go on further with this legacy due to the shift in the geopolitics of the Middle East.

The Inevitable Afghan War

In the early decade of 70’s, Saudi Arab was the only ultimate leader of the O.I.C. But the circumstances couldn’t remain the same for a long time. Meanwhile in 1975, the influential, as well as the popular leader of the Muslim Ummah of that time, Saudi’s King Faisal, had been assassinated by his nephew Faisal Bin Musaid.

With that debacle, the path to the leadership of the O.I.C darkened again. Then in the late 70’s, with the Soviet Union making a solid presence in Afghanistan by installing a self-backed govt there, raised a cloud of concerns to the Super Power America.

To restrict the rising power in the form of Soviet Union, the United States had to seek a plan. With Saudi Arabia as its ally in one hand, the USA look forward for another. And it couldn’t be any other than the Islamic Republic of Pakistan who shared a border with the battleground of that moment Afghanistan.

Pakistan, a country, none before had now been become the formal ally of the United States of America followed by Saudi Arabia. Not only the Muslim countries of that time, but the whole World was then looking closely to the Pakistan. Pakistan by every mean, was going to feature as the leader of the O.I.C.

Pakistan stands with America till the withdrawal of the Soviet troops. What was the pros and cons of the role in Afghan War is a different topic, but one has to admit that Pakistan put the future of its own people at a large stake.

The First Atomic Country

After the end of brutal Afghan-Soviet War, a lot of things had been changed. A change that occurred within the Soviet Union and Afghanistan wouldn’t even left Pakistan from its epitome.

Since after the active role of Pakistan during the Soviet-Afghan War, Pakistan then، was ranked among the U.S important allies.

However,This relationship faced a severe blow, when Pakistan announced to test its nuclear missiles in 1998, in order to answer its neighbor but arch-rival India.

This was no less than a shock for the Western Countries including Pakistan’s important ally America. As this was the time too, when a campaign backed by western countries، to abolish nuclear bombs was undergoing.

Among all this, the greatest side of all this scene was the Pakistan’s power to convince the World what it is capable of. In addition, this news was no lesser than good news for the Muslim countries as Pakistan became the only country with having Atomic Missile.

Since the creation of Pakistan, a lot of states believed that it will enlighten a path for the Muslim World. The geographical importance of Pakistan in the region, along with its ideology and capabilities ranked Pakistan as topmost country to lead the race of Muslim World.

No Saudi Arabia, Iran, Egypt or Turkey… it was Pakistan who was supposed to be the leader and an important country of the Muslim World.

Who is Leading the Muslim World?

The Muslim World of today is facing one of the greatest turmoil of the history. Let it be in the form of development, innovation or prosperity or terrorism, the Muslims of today are in deep trouble. The question of the past, in now concerning again and again. Who is leading the Muslim World?

As I mentioned earlier about the past leading countries of the Muslim World, there is another country seems to lead the Muslim World with its affairs.

The situation of Muslim World, especially in Middle East is getting worsen day by day. Recently, Gaza (the Israel-striped) city had the worst cloud of oppression by Israeli forces resulting in the thousands of deaths of civilians. No such steps from Pakistan and Saudi!

Not enough here? The U.S.A had announced several days before, giving clean chit to Israel to annex West Bank of Palestine. Looking at it, the negligence of Muslim countries other than Turkey shows that this issue has failed to make in the list of their priorities.

West Bank is Palestine territory and belongs to Palestinians only, Erdoğan

Another exclusive issue، heading up for the Muslim World is of Uighur Muslims. The so called brother country of Pakistan, and one of the largest economy of the World، China is going over the Uighur Muslim with extreme brutality.

Few days ago, an 800-years old mosque has been demolished by the Chinese Government. Not stopping here, the Chinese govt has also ban Uighur Muslims from fasting and put a ban on women wearing burqa.

Here’s the tweet from an American journo

Nonetheless, the Saudi Arabia stands with China over this issue and shown his support to it. Pakistan too has been highly influenced by the Chinese interference in development project in the country. First, the President of Pakistan, announced to support China over this oppression. Then comes the mighty Prime Minister of Pakistan, who living in the denial, found himself unknown about the issue.

On the contrary, the current leader of the Muslim World Tayyip Erdogan describes the crackdown on Uighurs as “genocide”.

The fact of the matter is, the Muslim World is passing through the darkest era of its history. Yet, it has no preference for the issues related to the brother countries, even some are busy in cold war with other Muslim Countries. No matter what, the people dying in Yemen through the brutalities of Saudia are human being and Muslims, and others dying in China, Gaza and Syria are Muslims too.

Its high time for the Muslim World to get United under one umbrella, and pull out from the other cold wars for the sake of the future of Muslims. Also, no matter how much another country is investing in your country, one should never get influenced and deprived of the principles of which the basic foundation is based.

Or in other case, the Muslim World has also got a 34-countries coalition army…!

Read more : [Review] After The Prophet : The Epic Story of the Shia-Sunni Split In Islam by Lesley Hezleton 


The Ill-fated Democracy In Pakistan

Pakistan is a democratic country. This is what the world believes. This is how the people knows it. And more than all, this is how Pakistan portrayed itself to the others. Right? If you think the same, then I am sure you are absolutely deprived of the facts and reality.

BTW What is Democracy?

The democracy in Pakistan has always been ill-fated. Apart from the people’s government, by the people, for the people… The term Democracy comprises of many other things. Out of all, the greatest aspect which stands out in a Democracy is the “freedom of expression”.

The democracy in any state doesn’t measure by how frequently does election held in that state, but how far the “freedom of expression” exists in the country.

Democracy without the freedom of expression is referendum under a fascist or fascist state.

Pakistan is witnessing its biggest democratic streak now, which has now transitioned to the third government after the successfully completed 5 years tenure of previous two governments consecutively. Since the start of the third government of P.T.I, a number of serious concerns are raised upon the freedom of expression.

It seems that the current government is in no mood to tolerate the criticism marked on it or the state institutions over their blunders or silly mistakes. Whether it came from the political circle or non-political circle, the government seems ready to going over it.

However its another question, that the government and establishment are a single body or a lies in a separate domain.

The recent general elections in Pakistan have raised a quite few questions over the transparency of the elections due to the involvement of non-political forces. Since then, a sarcastic tone had been conveyed by the opposition parties to criticize the non-political forces in an indirect way.

Pakistan holds a strange history of the interference of non political forces on several occasions. From the creation of Pakistan to the tough of war of power/government in earlier decades. The false use of Article 58-2(b), and the Mehran Bank saga of IJI… these are all the mysterious aspects of our past regarding the interference of non-political forces.

I will be no wrong if I say, Pakistan is governed 35 years directly by the military dictatorship and 37 years indirectly over the vendetta of democracy without civil supremacy. Enough to say that democracy has remained ill-fated in Pakistan so far.

The Rise Of Censorship

Recently, the government has started a crack down to silence the voices raised against its policies and mistakes, no matter either it comes from the media or the opposition. But in the age of social media, how would it be possible for the government to silence its all critics? Well, only the government can answer it in a better way. So far it tends to left no stone un-turned.

The fresh example of that is Shahzeb Jillani, who is a part of “Aaj Kamran Khan ke Sath” show team on Dunya News. Shahzeb specializes in making documentaries and detailed video reports on the past events which refreshes one’s mind at give the touch of nostalgia moments.

Recently, he had posted the video about the former Pakistani Prime Minister Muhammad Khan Junejo, highlighting his tenure of government along with many other videos.

Few days ago, the journalist came under a problem when he came to know that he had been summoned by F.I.A over his controversial marks about the state institutions.

Speaking about this issue, the journalist said that he had said nothing controversial about the state institutions. All he said was “Mr. Junejo was a moderate Prime Minister despite being the puppet of Gen Zia-ul-Haq“, which our institutions found controversial.

Moreover, the govt has also banned the former Finance Minister Miftah Ismail from speaking onto the television about the economic crisis, and analyzing the current economic situation. Not only this, he also granted with another surprise came in the form of his name in the ECL. One can differ with the opinion of Miftah and his party, but no sane person can believe, that the name of Miftah Ismail can ever be on ECL.

By going over journalists and the opposition politicians, the govt has gone an extra mile to put a bar beyond Supreme Court. It all came when the PTI government along with the MQM and Sheikh Rasheed filed a petition against Justice Qazi Faiz Issa over his remarks in the Faizabad dharna Case. In case you didn’t know, Qazi Faiz Issa roasted the state institutions over their prohibited involvement in the Faizabad Dharna.

*You can download the Faizabad Case Judgement by clicking here .

Those 3 major scenarios are enough to define the current situation of democracy in Pakistan which has been kinda ill-fated in the past.

A Clear-cut Message

From the past events, the government seems to be very clear-cut on going over those who raised question on the state policies. It is due to which the media anchors and journalists are bared for not speaking against the state policies and the involvement of non-political forces in the current politics.

If somebody still tries to break the shackles of Government policies, then the govt has got only one solution, which kept using repeatedly since the earlier days of Pakistan. That is none other than to throttle the voice using the “Censorship Formula”.

From Fatima Jinnah to the current era’s politicians, all have been suffered brutally from this curse. And you know whats’s more saddening is that, we may have entered in the year 2019, but we are still a victim of old 60-70’s policy. May we ever try to learn!