The Pakistani Spectator

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Demise of Justice in Pakistan

By A Khokar • Jun 27th, 2013 • Category: Lead Story, Politics, Worth A Second Look • 36 Comments

CJP I M Choudhry perusing his personal rapacious greed and hunger for power validated General Pervez Musharraf’s 12 Oct 1999 act of abrogation of Constitution and allowed him to carry out necessary constitutional amendments to facilitate him as a ruler of this country as deemed fit for him.

The man is enjoying the top seat of Chief Justice of Pakistan awarded to him ever since he administered an oath to President General Pervez Musharraf as president under PCO (Provisional Constitutional Order) thus faltering in maintaining the sagacity and solemnity of Constitution and Supreme Court that he was supposed to up hold.

He enjoyed his supremacy throughout even when he was forced to resign by President Musharraf on 3 Nov 2007 for his conduct unbecoming of nepotism and his extravagant life style. He was suspended but was reinstated on 22 March 2009 by PM Yousaf Raza Gilani after the departure of President Pervez Musharraf.

For last five years when President Asif zardari’s party was ruling; many a national burning cases were brought to the Supreme Court but for his dilly dolly attitude and inability, has failed to pass any specific order by which cases be resolved. Asgher Khan case, Memo gate, National Reconciliation Ordinance (NRO) and many NAB cases are held in abeyance. Justice is seen in peril when some 70000 people are killed in Pakistan by the suicide bombing attacks of Terrorists and by arson and target killing, life in the country has become a misery. Hundreds of accused terrorist are brought to the court but not a single terrorist is punished. This has brought this nation to the verge of collapse. Anarchy prevails in the Society and terror rules the streets.

He is due to retire on December 11 this year but in his last days, just to take revenge against General Pervez Musharraf, he has urged the present government to run a treason case for abrogating the constitution for his act of 3 Nov 2007 when he was deposed and Musharraf acting as chief of staff of army had declared a state of emergency. He is forgetting all together how he has conducted himself in 1999.

Pursuant to the instruction issued from the CJP, the present government of Nawaz Sharif who was deposed by the Musharraf in 1999, is now in power. In order to settle the scores, PM Nawaz Sharif has agreed and announced to run this Treason case.

CJP is in breach of the rules and  power entrusted upon him as chief justice of Pakistan and he loses his moral authority on both the ends; in 1999 when he validated the act of treason of Musharraf and now urging the present Government to take revenge on the pretext of his declaring emergency on 3 Nov 2007. For their vengeance; both the parties have joined hand.

Should a Chief Justice of an Islamic State like our ….. behave like this…?

And why the man must not be put on the mat under International Law, Principle IV which speaks clear on moral choice of a person in position or in power which says: “The fact that (even)a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him”

What is my friends’ opinion and why he must not be ……..named and shamed?


 

 

 
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36 Responses »

  1. I guess you and all other skeptics are still living in the past. If you forgot to realize that a lot has changed in recent past, just look at the conduct of the highest court of the land as a start. Now at least one thing is for sure, no general will be getting a clean chit or face saving and there will be bloody civil war because army will then be fighting with its own people and this time for real on the streets. Also NS was in no position to defy court order of not to try moshe under article 6. Actually he made a very smart move of pitching establishment against judiciary because he can say he was obligated to accept court orders. And establishment is in no position either to confront with the SC with more than 80% approval rating.

  2. ایک فوجی جرنیل نے سیاستدان کو مارا تھا
    وہ سیاستدان آج بھی زندہ ہے

    لیکن ایک فوجی جرنیل زندہ ہونے کا باوجود بھی مردہ ہے

  3. CJP is only following the constitution:

    Question is whether article 6 as it stands after 18 th amendment will apply or what it was at the time of act.
    For info I have included info about what changed to and from.
    4, 5, 6 provide info about pre 18th.

    Current version of 6th

    6. High treason.- (1) 4Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.
    (2) Any person aiding or abetting 5[or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason.
    6(2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.
    (3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.”

    Pre 18th

    4 Words “Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.” substituted by the Constitution (Eighteenth Amendment) Act 10 of 2010.
    5 Inserted by the Constitution (Eighteenth Amendment) Act 10 of 2010.
    6 Inserted by the Constitution (Eighteenth Amendment) Act 10 of 2010.

  4. Khokar
    If we think that Ch ifitkahr is not there and this case is seen by other team of judges against a general who executed coupe 2 times and so on , then would you support it?? or your anger is all that why Ch ifitkhar is seeing this matter on request of Federal govt.

  5. Dear Kashif,

    November 3rd Emergency—Holding Constitution in Abeyance was NOT an Act of Treason

    June 27th, 2013: Dr. Raza Bokhari, International spokesperson and North American Point of Contact of General Pervez Musharraf, Former President of Pakistan, stated today the Former President Musharraf, in exercise of the powers vested in him by Article 232 of the Constitution of Pakistan, declared a State of Emergency on November 3rd, 2007 and held the Constitution of Pakistan in Abeyance.

    It is extremely important to recognize that Article 6, Clause (1) of the Islamic Republic of Pakistan in effect on November 3rd, 2007 did not describe holding the Constitution in Abeyance as an Act of High Treason. This clause was substituted and the language of “Abeyance” was inserted in to the Constitution with the passage of the Eighteenth Amendment, which went into effect on April 19th, 2010.

    Article 6, Clause (1) of the Constitution of the Islamic Republic of Pakistan that was in effect on November 3rd, 2007 and after April 19th, 2010 is reproduced below:

    Article 6, Clause (1) in effect on November 3rd, 2007:

    (1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.

    Article 6, Clause (1) in effect after April 19th, 2010:

    (1)Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.

  6. Dear Ali Raza Abidi,

    I think if we stick with the truth; it may keep us afloat..
    ..
    Matter of the fact is that emergency rule which may be counted a folly of Musharraf and rightly so he is facing the music for the reason that he declared it without tying up its ends.

    We must not forget that it was the outcome of report of special tribunal appointed to investigate allegations of wrongdoing by Mr I M Chaudhary. This investigation was conducted by Supreme Court judge Abdul Hameed Dogar which CJP never wanted to accept.

    In return CJP who should have cleared his position rather he turned to take a revenge to challenge Gen Musharraf’s October election victory as a next elected president. The court was seen poised to decide whether Gen Musharraf was eligible to run for re-election last month while remaining army chief.

    Fearing the growing concern in the government that the Supreme Court ruling could go against Gen Musharraf; he declared emergency rule and suspended the country’s constitution.

    Well that is different story that he took a plea to defend his action, saying he was curbing a rise in extremism in Pakistan in his address which echoed the text of the declaration of emergency rule, with a reference to the “grave threat” posed by the “visible ascendancy in the activities of extremists and incidents of terrorist attacks”.

    To beef up his claim further he used certain other pleas:

    *Pakistan has been engulfed in political upheaval in recent months, and the security forces have suffered a series of blows from pro-Taleban militants opposed to Gen Musharraf’s support for the US-led “war on terror”.
    *The situation had forced him into making “some very painful decisions”.
    *”I suspect that Pakistan’s sovereignty is in danger unless timely action is taken,”
    He insisted his decisions were made for the benefit of Pakistan.
    “Extremists are roaming around freely in the country, and they are not scared of law-enforcement agencies,” the president said.
    As well as defending emergency rule to the Pakistani people, Gen Musharraf also appealed directly to his Western allies for patience.
    “Kindly understand the practicality of the situation in Pakistan and around Pakistan. Pakistan is on the verge of destabilization, “He said that “Inaction at this moment is suicide for Pakistan and I cannot allow this country to commit suicide.”

    But the fact remains that Chief Justice Iftikhar Chaudhry was replaced with Supreme Court judge Abdul Hameed Dogar which remains basic motif behind……and subsequent actions of repercussion of it …and now old rivals are all out to set their scores…….

    It has nothing to do with the constitution or any thing upholding the betterment of the public of Pakistan………….. so I wrote ….Its a Demise of Justice in Pakistan.

  7. Dear Nazia
    as always u r very good at summing it up theywa y u have done and I am appreciative of that…
    up here i have written a reply for Ali Raza Abidi sahib

    We must not forget that it was the outcome of report of special tribunal appointed to investigate allegations of wrongdoing by Mr I M Chaudhary. This investigation was conducted by Supreme Court judge Abdul Hameed Dogar which CJP never wanted to accept.

    Then start the episode of taking of revenge…….in which bird of feather will protect the bird of feather

    Do Not Look for any Justice done on the bases of upholding the morality

    Laho main naach rahi hain Wahshitain kesi
    ****
    Yeh Daur e Bay Hunraan hey Bacha Rakho Khud ko
    Yahaan Sadaqtain kesi Karamtain Kesi

  8. Ali Raza Abidi sahib
    You said: [And establishment is in no position either to confront with the SC with more than 80% approval rating.}

    This rating is not matter of contention here: I think that believe it or not Military may not be any more appetant to come trotting on this road. They had enough of carrying out the fire fighting Jobs of this nation and then to go out ringing their hands with bad name…
    So no more:–

    Khaan peen noun Noor Bharri
    Tey Dhawn Bhanoun noun Jumma
    (Mrs Marple eats up all the apple pies and Mr Ford is left with paying the bills)

  9. Awam just want bijli for *uck’s sake

  10. It is not demise of justice but its ‘gang raping’ and taking off its clothes and made to walk in the public squares of Pakistan while Pakistanis watch this desecration of something as sacred as the very notion ‘Justice’. But then you can not expect people like this vindictive mafioso to do otherwise. My point is that if President Musharraf is guilty of committing “high treason” and as our Constitution says in its Article 6 what should be done to a traitor, fine do so after a fair trial, but follow the same Article 6 further and get them all who are equally responsible in this crime. Don’t let no one hide behind the so called ‘indeminity’ and legitimization of President Musharraf’s act under 17th Amendment as all these acts are nullified, made non existent, under the Constitutional Amendment # 18.

  11. Khokar .I am elaborating my questions
    forget about Ch Iftikhar and these judges who nailed on the coffin of Musharraf and his team.
    just tell me that should Musharraf be trialed for coup of 1992 or not.?
    He can be prosecuted for imposing emergency of 2007 or not?
    should he be court martial on failed kargil operation?
    did he do national crime by pushing Pakistan,Pakistanis and its forces on war on terror for American interests.??

  12. Nazia Dear,

    *Primarily CJP I M Choudhary is a symbol of Justice in Pakistan and I don’t suppose he should be termed as the one who is seen nailing down any persons and especially the one who was his boss (president Musharraf) when he called him in his office and asked him to explain for his conduct unbecoming of nepotism and extravagant life style as I said in the comments above….and Mr Choudhary had not like it and he rather turn to take revenge.

    CJP is now seen raising plethora of cases against Musharraf …It is not seen that by charging Musharraf he is seeking some kind of Justice .. ..rather its called vengeance and by doing so he is not nailing the coffin of Musharraf down but its of the Justice of this country…. This is very unfortunate and not expected of A CJP of ours……..that is why I gave the caption to this article….Demise of Justice in Pakistan.

    **Musharraf must be tried for the coup of 12 Oct 1999 along with all the collaborators abettors as well as the one who validated him …and assisted him in toppling the government and abrogating the Constitution of Pakistan and …..why they shud not be.
    Just to recollect that 1999 coup was executed while he was in the air…but why Musharraf adopted to this act…… here comes the name of NS that he provoked Musharraf by not allowing his aircraft to land in Pakistan when he was coming back home from Sirilanka. 3 Nov 2007 case is a minor case as act of abrogation was already there…running… and live since 1999.
    *** kargil operation is an excursion under taken in order to avail a demarcation and securing the border in that non accessible area…whether he as Commander succeeded or not …its immaterial. A military commander may not be tried that he did not achieve success in a specific battle.

    ****In case of that he said Yes to join US and opted to act as proxy in face of US invasion of Afghanistan. Well seeing the situ at the time….he sided with US…no sane person may say that he did wrong… because Pakistan was in position to say NO. under all the odds Pakistan is still not under occupation by US is blessing and good thinking of Musharraf…..who cud have resisted if at all US has her Plan to invade us. We do see that zardari who was after him and till today when NS is in power ….nobody has the guts to alter the policy and dictates since given by the US… There are numerous resolutions since passed by our senates and parliament but nobody has the guts to implement which may fall against US…..so why to curse or scold Musharraf

  13. No its not demise of justice, it might very well be demise of dictatorship, if the politicians and judiciary don`t chicken out.

  14. Musharraf must be tried for the coup of 12 Oct 1999 along with all the collaborators abettors as well as the one who validated him …and assisted him in toppling the government and abrogating the Constitution of Pakistan and …..why they shud not be

    If you believe on it then wait! before reaching 1999 one has to reopen the 2007 and NRO cases. We all know that in army coup the collaborators are from military circle others just follow as prescribed to them due to their obedience to system of mighty to rule.If as you foresee that it is personal revenge then it would be time of real Resistance of public who consider Musharraf as good leader in the same way as public was mobilized against Musharraf when he dismissed CH Iftikhar.

    —–The Kargil war was an armed conflict planned by Musharraf just after declaring Pakistan as Nulcear power.This was initiated due to the infiltration of Pakistani soldiers and Kashmiri miltants into Indian Line of control.Pakistan’s military aim for carrying out the intrusions was based on exploitation of the large gaps that exist in the defenses in the sector both on Indiaan and Pak side of the Line of Control (LoC) .4,000 Pakistani soldiers were killed in the conflict mostly young recruits and officers lost their lives and over 1,000 were injured.Kargil reports from both side highlighted the gross inadequacies in the surveillance capability, particularly through satellite imagery. There was a complete intelligence failure. There had existed a sort of “gentleman’s agreement” between Indiaa and Pakistan that the armies of either side will not occupy posts from the 15 September to 15th April of each year. This had been the case since 1977, but in 1999 this agreement was cast aside by the Pakistani army in hopes of trying to gain the upper hand in Kashmir and plunging the Indiaan subcontinent in brief and limited war and raising the spectra of nuclear war. By the end of the war, Indiaa had resumed control of all territory south and east of the Line of Control, as was established in Simla Agreement.So this war can be considered as near miss of triggering nuclear arms which are now in range of two rivals of subcontinent where more than 60 % people are living on poverty line.In civilian setups failure with heavy losses come in crime circle and one has to pay for failed operation.

    —- Nothing was learned from this failed attempt and then Musharraf made deals with US to launch its operations in Pakistan.As a COAS he couldn’t realize and anaylze consequences of Iraq and Afghanistan war and prefer his post and power to act as typical puppet of Pakistan in front of western agenda.So you himself is accepting that he initiated all mess in Pakistan as he wanted to be obedient pawn of US authority.I dont ask you this but as Pakistani national can we not charge him for initiating all this mess on whole Pakistan just to carry on his power rule under US’s abeyance.

  15. Ali Raza Abidi

    You call it Chicken out; I call it compromise …
    May it be our power hungry politicians or greedy stalwarts of Judiciary ..they may compromise for anything and everything at any terms. Its not just a matter of our CJP or NS….Pakistan is a country in which from a Boot polish boy to president..all are corrupt..
    And ——-Musharraf is made a scapegoat to divert public attention from their original national issues

  16. In every country, everybody tends to be corrupt, but in other countries they have law and its enforcement and justice, so when Pakistan will see justice being done to the top man, everybody will at least have some sort of respect for law and that is how things improve.

  17. @18 Sir, your sense of justice is beyond me. Just one man, even if ‘top man’ among hundreds of corrupt thieves & looters & plunderers & exploiters & subjugators at the TOP, hardly matters dead or alive. Selecting one man for justice is ’selective justice’ and such selective justice is no justice actually it profanes the very concept of justice. This is the reason that all civilized laws, including the Constitution of Pakistan, forbid discriminatory laws or their application and that’s the reason the authors of our constitution included more than one paragraph in the Article 6 and prescribed the fate of those who aid & abet & support & accommodate & indemnify & legitimize an act falling under the purview of Article 6 of the Constitution of Pakistan.

  18. @16: Even if one was to accept the catalog of “crimes” that you assign to the former President of Pakistan, dear Madam, you still need to include a long roll call of those who supported and accommodated him in his “crimes”, unless you really consider President Musharraf an omnipotent power capable of committing each and every deeds on his own. If you wish to exclude the rest of the “gangsters” who supported the good President Musharraf in his “crimes” then by implication you are granting the collaborators pardon and amnesty without even investigating the damage they might have caused to our national interets as you understand. Now, this is no justice, I’d tend to think, don’t you agree.

  19. @20 you look me more interested of blaming the juniors or under command.Pakistan matters are all time run by person who holds control of Pak army.Bhutto tried to superseded them and he was hanged 3 ft above ground,Here Musharraf was high profile crimnal but enjoying farm house prosecutions under preventive state security and even then you think injustice is being done with him.
    Who is saying them to set aside his partners.No way but ring leader was Musharraf and he did all commitment to foreign powers and corrupt leaders to consider him CE of Pakistan at all cost even he placed the sovereignty and security of Pakistan at high risk.So no matter all come in this frame but justice should be started from top.I will give you another clue in his favor as soon as case is started kindly file an appeal in court with clear proofs that General kiayni was all time partner of Musharraf in all his crimes.Try this and see what happens in few days.

  20. Kyuon Thak rahay Ho Yaar…?

    The Core Issue of the Case of High Treason against Musharraf remains that:-..
    Whether or Not President Pervez Musharraf who was also holding the post of COAS (Chief of Army Staff) can proclaim:

    (1) the Emergency law in the country or not ?

    and

    (2) Is proclaiming of Emergency an act of treason..?

    We may see that in the both the cases (1) he can very much proclaim the emergency in the country as per Article 232-234 of constitution of Pakistan. (See the article below)
    And when he can proclaim the emergency law under the constitution; then (2) how come he may be charged for High Treason…?
    Kyuon Thak rahay ho Bhai….?

    The Constitution of Pakistan says:
    Part X: Emergency Provisions
    Article 232 Proclamation of emergency on account of war, internal disturbance, etc.
    (1) If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency.
    XX
    XX
    Your Comments Plzzzzzzzzzz

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