Zardari dancing to the tunes of the Establishment
By Samad Khurram • Apr 25th, 2008 • Category: Politics, Worth A Second Look • 20 CommentsSuppose The Establishment and Zardari were to team up, how would the script have rolled?
- Zardari would have wanted to become PM.
- For that he would need to have all his murder, corruption, money laundering charges dropped.
- Requirement for BA would be dropped (though according to some sources Zardari is a graduate)
- By elections would be delayed.
- The establishment would have wanted to delay the whole issue using attrition to wear down the movement.
- They would have liked Musharraf to stay.
- And of course the judges restoration be delayed or avoided.
What do we see right now?
The works of the establishment:
- Zardari’s murder cases dropped
- Zardari’s corruption cases dropped
- BA requirement dropped
- By-elections delayed
- Attacks on lawyers, another massacre in Karachi and attack on Sher Afgan
- Petition put in SC when the count down is nearing its end to stop the restoration
The works of Zardari:
- No question of impeachment raised by Zardari
- PPP members have even called Musharraf “an asset” for Pakistan
- Needless delay over the judges
- Active hostility towards the judiciary and lawyers (the only lucky ones to have been issued a charge sheet)
- Telling Aitzaz to shut up and go on with his agitation; as if he cared. Also said kay yeh ulti ginti walay baaz aa jayain.
- Creation of confusion by offering indecent offers such as minus one, minus two and offering to make CJ the governor of Balochistan
- Deliberate confusion over the date of countdown, by Zardari and Sherry Rehman.
- Trying to find replacement for pro-judiciary PML-N through MQM and others in the guise of “national reconciliation”.
- Constitutional Package.
- Backdoor meetings between PPP and Musharraf
- Retention of Malik Qayyum as AG and his clear shift to becoming pro-Zardari.
- Delaying the issue of restoration from the first parliament session to 30 days.
- Then creation of a committee which leads to deadlock.
- Then the establishment puts a petition when the count down is about to end.
The issue of the judges:
The deposed judges are still the real judges. A simple order by the PM or a resolution in the parliament telling them to return to their offices would have been enough.
Suppose Zardari wanted to restore the judges and listen to our demands, how would the script have looked?
- First session would have asked the judges to return to office.
- Impeachment case put against Musharraf so he could not use 58-2(b)
Which of the two scripts do we see being played?
Can we still trust Zardari (or the PPP) after all this?
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"Samad Khurram is AB Candidate in Government and Economics at Harvard University. He writes regularly on politics and international affairs in his column "Escaping Quicksand" for the Harvard Crimson. Samad is an active member and confidant of many pro-judiciary forces, groups, publications and also runs the Emergency Times Mailing List."
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Bull—-!
interesting analysis! everything seems to be going perfectly according to the script
Dear khurram it is very nice to see your script in a manner, format and design of conclusive. , precise and acceptable way to be assimilated quickly toward opinion based remarks but there are few queries and reservation on the authority of your remarks as they are being aired like a commentator and critics, which I suppose would be your pleasure to rectify at your end and the same are to add to the knowledge of my leader on the hot issue in run.
• Mr Zardari is foreign qualified, which is not considered as degree, but diploma in our system of education in Pakistan such as, FRCS.
• As to your inquisition with regard to impeachment ,constitutionally 2/3rd majority in the form of unanimous votes are required in both electoral schools followed by approval of the said resolution by the president and endorsement of the superior court thereafter ,will qualify for your answer. Every thing is constitutionally covered under amendments. Whereas to update you the said article 582b is legally covered in 6th schedule and only president can change it with his authority.
• As far as retention of Mr Qayoom is concerned, he is the apex law officer in the constitutional domain of president Musharraf or any other president, as per constitution of Pakistan. Rest, nobody can remove it, but the president. Similarly advocate generals of the provinces are the domain of governors and governors are in the constitutional capacities of the president only.
• As to your query for the issue of restoration in 30 days, parliament can not discuss, and float any unconstitutional move, in the form of resolution as per new amendment as restriction in the form of disqualification has been introduced to cuff.
• Your inquisition as to restoration that, the same can be made by simple order of the PM to go to your office is enough, is a wrong perception as only executive order of the president can restore as per law and constitution, and no one, what so ever can breach the constitution as it will be taken in the format of traitor.
• Well in my opinion god father Mr Zardari has been awarded the height of prestige and honor, by his people and of course the nation, I believe we have to trust him, as I do not see another way out.
• Dear khurram any article as I have added can be at your disposal if you need .recommendation are ,be gentle ,dig out facts ,observe keenly ,interpret your finding not emotionally but on ground realities, express ,what is right to participate in the knowledge of a reader and not just to receive applause and appreciation. You can have a very neat and fabulous writing, but the theme required in question is the prime issue.
• You see countries are run by intellects, and what you see as front man is actually the mirage.
one more thing dear there is no point on igniting people through exploiting issuesand endorsing comments like lay man. be responsible and deliver responsibly .
Dr. Raza Haider Sahib,
Let me clarify a couple of things:
* Benazir was also foreign qualified, so is Imran Khan, so is Aitzaz Ahsan and so are quite a few people in Pakistan. However they were eligible for the elections. Zardari on the other hand has no real graduation degree and hence he is ineligible, rather was ineligible until the clause was struck down.
* While you are right that the impeachment requires 2/3rd majority in both houses, you overlooked the fact that once an impeachment proceeding is taking place, the President is barred of his 58-2(b) powers and hence Musharraf, whether or not he is impeached, will not be able to dissolve the assembly.
* I was probably not clear about the line on AG Malik Qayyum. Malik Qayyum has become overly pro Zardari and has been in a few cases of Zardari where he was not supposed to be. In addition AG Malik Qayyum is the same guy who was caught on the phone talking to PML-N about how long Zardari’s punishment should be. The fact that he has accepted him without any pressure on Musharraf creates doubt.
* All of the actions of Musharraf after Nov 3rd are illegal since a 7 person bench of the Supreme Court had put a stay order on the Emergency Declaration. Hence the Parliament can pass ANY resolution that allows it to get the real judges back to office.
* Zardari’s honor was never there if Mohtarma Benazir was alive today. His political life is only alive because of the Bhutto name and it will soon go away once he shows his true colors.
Also, please do respect the other person’s point of view. Democracy requires democracy of opinion.
S
ATLAST…someone who can read between the lines…ahh! Mr. Khurram…
& to the respected doc….FRCS is a diploma…or is considered a diploma in Pakistan…?
how can u consider a felowship….a diploma…? u’re a doc…if so what kind ??
and what is that u say…? bhutto zardari is foreign qualified???….if so…certainly is amazing!!!
Khurram you are YourMastersVoice. And why not, if Ali Ahsan is pleased with you it might pay you off some day. After all he stands to inherit the legacy if his father manages to bulldoze his will against all the norms of decency to the top of the “joint stock company” (they consider Pakistan). Fear that day when the ordinary citizens, the real owners of our country, get angry with your lot.
There’s point in getting fired up, nor in making open accusations. Mr. Khurram is merely expressing his opinion. Refute it, if you must with valid arguments, not threats.
It is not a threat; who can threat the powerful? It is just an admonition, a mere pointing to the wall with so clear writings on it:
Fear that day when the ordinary citizens, the real owners of our country, get angry with your lot.
dear khurram i tried to rectify your humble soul through my article ,but could not get access tas it was too huge to get in to the discussion .please search net through my name and you will find an articlewith the name of the cuffed parliment .you willhave most of your answere however please go through this axtract ,and then consult some one for opinion,my regards to you ,as to your query regarding zardaris qualification ,it is submitted that FRCS<FCPS are dploma whereas MS is granted by university that is equivalent to degree.in some cases you got to go through university grant commission and higher education commission for equivalencof education as it was previously in Alevel andO level and Intermediate.please float this to zuberi sb as well ,regards
Explanation: THE LAY MAN OVERVIEW Article,41,44,47,58,70,89,90,232,233,234,235,236,237,239,248,267,268,270AA,270B,271,273 with their clauses and sections are all supportive to the president in all scenes of agitation and annoyance .Under such constitutional obligations expert in the field of law and legislation /judiciary , should liaison to impart their role in real democracy in order to throw the fetish and dictators from the throne of politics.
The only way out to meet the challenge so to ensure secure way to democracy is to impeach in a manner as laid in the constitution and keeping all if and buts under strict observation, as the man ahead has created all mischief as per desire .Here I would like to emphasize to the literate population of Pakistan that “nothing but intellectual move can nib the evil in the bud”. In order to conclude the above discussion and its legal implementation, following points may be concluded in a lay man terminology which is the theme of my discussion so to familiarize individuals of what is their fate as destined by deliberate manipulation and rude traditional actions being conducted by these dictators on the gratitude of criminals of all time like sharif uddin pirzada .
ü President is the head of the state, with all executive power.(article 41)
ü Being elected after Electoral College i.e. both houses the senate, the assemblies (national and provincial), having mandate as president will continue the office for five years. Since the vote of confidence ,for further affirmation ,that was a prerequisite within one month of election has been duly passed by previous houses ,no action whatsoever disembark the individual from the said appointment .(Article 41 ,Article44 ).
ü Validity of his election can not be challenged in any court or other authorities. (Article 41).
ü Impeachment and removal of the president can only be initiated in the ground of physical or mental in capacity or on the charge of gross misconduct and violation of constitution.(Article 47)
ü Joint sitting(national assembly and senate ) of 2/3rd majority can only initiate to impeach and unfit the office of the president .(Article47)
ü The president may dissolve the national assembly on the advice of prime minister as well as at his own discretion. The decision to dissolve will be forwarded to Supreme Court to justify his opinion. (Article 58).
Keeping a bird’s eye view on present scenario the sacked Supreme Court is under the hold of president and successors of the present judicial academy are already the blue eyed, who will hold the fort of president as well as their own to enjoy the position .under this situation, interpretation reveals the hidden fact that if democracy and constitution is to be safeguard previous judiciary is to be restored to hurdle this power to dissolve assemblies .
ü Any bill in the federal legislative list or in concurrent legislative list is to be seconded by each houses without amendment and then to be put up to president for assent /approval. (Article, 70).
ü President my take action and make and promulgate any ordinance as per circumstances with the same effect as an act and power of parliament. This ordinance will retain the weight age as if it was been presented by parliament. (Article 89).
ü The executive authority by virtue of constitution lies in the hand of president and prevent parliament from execution, other than the president. (Article 90).
ü In case of self assumed or real emergency, president has the power to suspend constitution and promulgate and execute emergency with suspension of fundamental rights. The same situation can also be put up by the governors the right to challenge will not be entertained in the court of law and parliament, (article 232,233,234,235,236,237).
ü Amendment of constitution by bill should be processed with 2/3 rd majority to other house or senate. if the bill is passed by senate without amending it and with 2/3rd majority, it will be passed to the president for approval .if the bill is amended by senate it will again be reverted to the parliament for review and after its review and approval with 2/3rd majority it will be forwarded to the president for approval .amendments will not be questioned in any court of law on any ground whatsoever .(article 239)
ü The president and all others as prime minister, federal minister, state minister, chief minister, provincial minister and governors, are not answerable to any court, in the line of their duties and power to implement their functions. they can not be charged with any criminal proceeding ,arrest or imprisonment from any court during official terms .(article248)ü Any law in the form of order will be presumed to be effective from the time of commencement and will remain in force even if it is disapprove by house or both houses till it is passed by the houses as per appropriate laid down method(Article 67).
ü Only appropriate legislative authority can amend all existing laws. Laws specified in 6th schedule will not be altered without the prior sanction of the president. Under the umbrella weather the law is operational or not it will keep the weight and force of the law. (Article 268).
ü After the proclamation of emergency on October 14, 1999, all orders made thereafter including amendments, orders notification etc will continue to be dealt as constitution and made under good fate and any appointment secondment deputation rules and regulation made after 12 October 1999, have been validly made during and after and will not be challenged or ask in any court of law. Under the heading orders will continue to hold position until it is repealed or amended by competent authority, whereas competent authority here is the president and not the houses. (270AA).
ü All orders done between 5th day of 1977july will always be deemed and validly being made and will not be asked in any court of law on any ground whatsoever .Article 270B).
ü All president order, ordinance, regulations etc will not be altered until by competent authority or per appropriate legislature .competent authority is the president. (Article 271).
ü No suits prosecution or other legal proceedings shall lie against any authority, on account of order made action taken or act done in execution of compliance as the same has been taken in good faith and as per constitution and will not be challenge in any court whatsoever .all presidents order referred in clause (I) 7nth schedule will be amended by manner as per constitution whereas rest orders my only be amended by appropriate legislature in a manner of, as provided by for amendment.(Article 273)
Under these constitutional obligation as being laid down as integral part of the book, it is a real facts that the only pocket political party will continue the process of peaceful democratic assembly .One man show is to be the fate of this assembly as self granted power being conferred will definitely react with full blown reaction resulting in catastrophic disaster. Being citizen with arrested zeal and honour, and under restrictions to hold and accept what has been destined in the form of constitutional amendment by these under cover culprit in black coat on behalf of these dictators will not only be spared at this cost but to be treated if at all under the constitution by (article 6) as high treason.
please see this is part of conclusion and if detail is needed please revert with these article to the book of constitution,
Aitzaz is an agitator and whoever advised him to shut up and go on with his agitation was absolutely right. An agitator is just that an agitator no more no less.
Aitzaz warning: DAWN April 24, 2008: He ought to know that the Constitution dictates what the law is until there is an amendment; he also ought to know that advising the High Court from picket line is subjudicing a case / a petition and it amounts to contempt of court. But I suppose when desperate, even the old dogs forget the old tricks that is run for shelter.
Aitzaz warns of long march if judges not restored
By Our Staff Reporter (DAWN – Friday 25, 2008)
ISLAMABAD, April 24: Supreme Court Bar Association (SCBA) president Aitzaz Ahsan has warned that lawyers would launch a long march if deposed judges were not restored through a resolution in the National Assembly.
The meeting also endorsed the Murree Declaration for the restoration of deposed judges within one month after the formation of the government through a resolution in the assembly.
“We consider the deposed judges as the rightful and constitutional judges,” he said, adding that their reinstatement should not be linked to any constitutional package to be adopted through a two-thirds majority in both houses of parliament. “There is no mention of such constitutional amendment in the Bhurban Declaration,” he said.
About the filing of a petition in the Islamabad High Court (IHC) against the tabling of a resolution on the judges’ issue, he expressed the hope that the high court, which was created through an extra-constitutional measure during the emergency rule, would not entertain it.
The petition was filed on Thursday in the IHC seeking a restraining order against the tabling of a resolution on the reinstatement judges in the National Assembly, instead of a constitutional amendment bill.If the resolution is tabled, the speaker or the deputy speaker whosoever presides over the proceedings should be declared disqualified, the petition said. The high court is expected to take up the matter on Friday.
“The option to hold a long march is still open, but no timeframe could be given at this stage.” Mr Ahsan said he would honour PPP’s decision on his pending application for a
party ticket to contest the by-election for the NA-55 Rawalpindi seat.
Asif Zardari is not a selfish person; whatever has he gained from President Musharraf he is bound to return in a better way I presumed, as somene rightly said he is ‘Yaron ka yar hey’.
And this is a positive aspect of his personlity I must say!
For Pro Musharraf people, every thing is positive when it tilts toward injustice, illegal, unethical and badmasi. This Aashique of musharraf and Aftab are same men who were used to abuse PPP and PMLN but today they are having some hope that Mushi will survive so they started calling Zardari good man. Please wait for few days before giving verdict. Afterall you people are supporting a man who himself broked promises lot of times then how you can keep stick to one point. carry on, we will not let Mushi to rule. Its clear and final.
Zardari is really not a graduate . i have details .
Musharaf is a curse for pakistan.