From being viewed as a pliant puppet, Prime Minister Gilani may yet end up altering the civil-military balance in favour of the civilians.

by Saad Hafiz
The Supreme Court (SC) has decided to indict Prime Minister Gilani for contempt of court for his refusal to write a letter to the Swiss authorities asking them to restore corruption cases against President Zardari in that country.  The contempt proceedings against PM Gilani stem from an earlier SC ruling which threw out the controversial National Reconciliation Ordinance (NRO) in 2009.

The NRO issued by the former President General Musharraf in 2007 granted amnesty to politicians including President Zardari, political workers and bureaucrats who were accused of corruption, embezzlement, money laundering, murder, and terrorism between January 1, 1986, and October 12, 1999, the time between two states of martial law in Pakistan.  The NRO, which erased twenty years worth of corruption charges in one sweep, can be best described as a licence to steal and keep your ill-gotten gain without fear of the law.  If the SC judgment in the contempt case is intended to prod the government to implement the NRO judgment, it can only set a good precedent in the fight against official corruption.

Regardless of political affiliations, the normal reaction to the SC verdict in the PM case should have been focused on the fact that corruption is a very serious matter, which should not be allowed to be brushed under the carpet.  The law must take its course and the PM can seek redress through the appeals process and hurrah to the people as the independent judiciary is alive and well.  One can wholeheartedly agree with Mahatma Gandhi’s quote: “corruption and hypocrisy ought not to be inevitable products of democracy, as they undoubtedly are today.”

As expected, the reaction to the SC verdict is being played along party lines.  Opponents strongly feel that the government has been playing games with the apex court for far too long by not implementing the SC judgments for over two years and that the PM and other ministers deserve to be punished accordingly.  An overly emotional reaction to the Court’s judgment saluted the honorable Judges for upholding the dignity and honor of tSupreme he judiciary and suggested that the judge’s names will be written in golden words in the history books.

Some political commentators and government supporters look at the judgment from different perspective, suggesting that a rickety democratic government presented a soft target for the court.  They see the recent verdict by the SC as a selective judgment, which does not account for other possible contempt cases beyond just official corruption.  These cases include those involving the country’s intelligence agencies involved in disappearance of thousand of persons particularly in Baluchistan.  Human Rights Watch in its 2011 report titled, ‘We can Torture, Kill, or Keep you for Years’, suggests that the SC’s approach to enforced disappearance cases in Pakistan has been to focus on establishing the whereabouts of the missing individuals while being reluctant to press for accountability of security forces and government agencies.

It is probably an understatement to suggest that past SC judgments have not helped the cause of democracy and the rule of law in the country. The following examples come to mind. In 1954, the otherwise brilliant Chief Justice Munir invoked the ‘doctrine of necessity’, validating the dissolution of Pakistan’s first constituent assembly, which many feel set the precedent for future authoritarian intervention the country.  To his credit, Justice Munir also wrote a thought-provoking book, From Jinnah to Zia, arguing that Mr. Jinnah stood for a tolerant and secular state where Muslims and non-Muslims had equal rights.

Later, Chief Justice CJ Anwarul Haq is ‘ill-famed’ for giving gave legitimacy to General Zia’s martial law and for upholding the decision of the Lahore High Court, which sentenced Mr ZA Bhutto to death for conspiring in the murder of a political opponent.  Ironically, unlike incumbent Chief Justice Iftikhar Chaudhry, Justice Anwarul Haq became the first Justice and perhaps only chief justice to refuse taking the oath under the military imposed PCO and resigned on conscientious grounds in 1981.

Beyond the cases of the ‘disappeared’, the security establishment has always escaped accountability for causing great harm to country by fighting and losing needless wars, pursuing flawed national security policies and more recently for their incompetence in the bin Laden and Mehran episodes. It is not unreasonable to hope that the SC will show an even handed approach in dealing with an elected government and other powerful institutions like the armed forces who are in effect a law unto themselves.

February 13^th, 2012. Islamabad. For those of us still following the game of thrones taking place at the center, it appears that Prime Minister Gilani is running out of road. He’s taking a long walk off a short pier. Insert your own cliché here. The debate has overtaken the Prime Minister, the discussion is now focused on what Pakistan must do, post-Gilani. To write the letter or not? Will Senate elections go ahead or not? Will the PPP spin this ungraceful end to a five year term as a victory, will Gilani go back to Multan a living shaheed? Pity the constituency whose only claim to a fruitful five year term is a representative with a knack for getting stabbed in the stomach and making it look like he meant to fall on his sword. Gilani will end up being a sacrifice for an utterly worthless cause – twenty-eight million US dollars that will never be returned to the people of Pakistan. Ever.

The statute of limitations on the Swiss cases are rumored to be anywhere between April and August 2012. The time for reopening old cases is diminishing fast. Yet we insist that the court charade of the last few months was necessary – it’s not about the money, it’s about setting an institutional precedent.

It has been nearly two decades since our President and his late wife stole a mind-bubbling sum of money and squirreled it away into Swiss banks, mansions in Surrey, bank accounts in Dubai and trendy flats in London. Reading the famous 1998 New York Times article reinforces the idea that when politicians from very poor countries amass vast amounts of wealth, they are not likely to let go of it that easily. So forget fantasies of liquidating the Bhutto assets and paying off Pakistan’s international loans. The Pakistani Supreme Court can humiliate the Prime Minister, but it can’t overturn decades of sophisticated white collar crime, much of which takes place outside its judicial territory.

And surely impotence of this intensity is severely humiliating for Chief Justice Chaudhry himself. Having become the defacto arbitrator of every aggrieved party in Pakistan, he suddenly finds himself without any implementation power whatsoever. He is the supreme commander of a court system that is rotten at the foundation, fighting the country’s largest and most public corruption scandal while his own lower court clerks accept petty bribes to tie up litigation for years. His own middle-class biases against the landed elite of the PPP notwithstanding, Chaudhary now faces the task of living up to the dubious honor of being the sole institution in this country deemed impartial and uncorrupt. Which means that if he isn’t seen going after egregious acts of corruption, he will be immediately deemed implicit.

In the face of such impotence, charging and convicting a seated Prime Minister of contempt is a sufficiently bold task to secure Chaudhary’s tripod of potency: judicial independence, of having real power (as opposed to simply striking down the NRO and not being able to do a damn thing to implement it for a full two years), and of being a guardian of the people. Gilani’s removal, whenever it happens, will be sufficiently large to distract from the fact that the PM never stole the twenty-eight million. He never decided to write the letter, or not to write it, for that matter – any more than he decided to become Prime Minister. It will serve to silence those who suggest that post-reinstatement, the CJ has been “bought out” by the PPP, to outcry those who notice that investigations into sugar cartels, NILC, Hajj, Abbotabad,  and Karachi came to naught. It is eye candy for the myopic, a desperate sideshow to distract from a flaming circus of budget malfunctions, energy scams and policy fubars.

But lets not beat ourselves up too much. John Burns pointed out in 1998 that multilateral organizations such as the World Bank regularly support teetering Third World economies “bled dry” by corruption in exchange for weak promises of institutional reform. The last five years have been immensely lucrative for friends of the regime, for those individuals and institutions capable of buying out or bullying Mr. Hundered Percent. At last count, this included everyone from ARY Gold to the Pakistan Army, from AKD to NLC to the men who bring you fantastically overpriced imported cars at huge markups. Zardari did not invent corruption, but he’s a fine example (an institutional precedent, as it were) of just how successful some men and women become in countries with broken democratic systems. Where the Army can quietly wring the neck of anyone attempting to infringe on its economic and political territory. Where an entire Parliament – incumbent, opposition and all – routes all decision-making through the Supreme Court. Where a judge is deeply contemptuous of men who take advantage of their office for personal aggrandizement – and then goes and does exactly the same.

Charges Framed-PM Willfully Flouted Orders: Supreme Court

NADEEM MALIK

PM Willfully Flouted Orders: Supreme Court
’وزیرِ اعظم یوسف رضا گیلانی نے جان بوجھ کر عدالتی احکامات پر عملدرآمد نہیں کیا۔ ‘
ان کا کہنا تھا کہ سپریم کورٹ نے اپنے فیصلے میں کہا تھا کہ این آر او کے تحت زیرِ التوا مقدمات پر عمل درآمد شروع کروانے کے لیے سوئس حکام کو خط لکھیں۔ جبکہ وزیرِ اعظم نے ایسا نہیں کیا۔ عدالتِ عظمٰی کا کہنا ہے کہ وزیرِ اعظم آئینی طور پر عدالت کے احکامات ماننے کے لیے پابند تھے۔ تاہم وزیرِ اعظم گیلانی نے فردِ جرم کی صحت سے انکار کرتے ہوئے اسے چیلنج کر دیا ہے۔

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NADEEM MALIK Senate Elections Almost Secured For PPP: For All Practical Purposes, Supreme Court Proceedings postponed till Last Week of February, So PPP’s 42 Seat on March 2 Senate Elections are Guaranteed. Prime Minister Gilani can Opt to Resign after the Senate Vote and either a New PPP Prime Minister or uncement of General Elections would make the Contempt Court Irrelevant. Aitzaz Ahsan and Babar Awan are Going to Get the PPP Senate Tickets.

NADEEM MALIK

Charges Framed against Prime Minister Gilani

NADEEM MALIK

Prime Minister Gilani in Supreme Court to Face Contempt Charges

NADEEM MALIK

Pundits are still puzzling out the prime minister’s motivations for risking his job for Zardari, who has dismal popularity ratings and a long rap sheet of kickback, shakedown and other corruption allegations. Some see the 59-year-old prime minister finally shedding his unassuming personality and coming into his own.
-Another theory holds that Gilani wants to go out as a selfless political martyr who showed his unflagging party fealty to the very end. Such sacrifice would leave a dynastic legacy for his children, who also are involved in politics.
-Then there’s another option, according to party insiders: Zardari could pardon Gilani immediately after he’s convicted. (Washington Post)

NADEEM MALIK

A Perfect Setting for PPP Before the Next General Elections:
According to the Constitution the Speaker of the National Assembly – Dr Fehmida Mirza – would become the Acting Prime Minister, in case PM Gilani loses his job. But the moment the President nominates a new Prime Minister, there would be problems. The PPP does not enjoy majority in the National Assembly; it needs the votes of its coalitio…n partners – ANP, MQM and PML(Q) – to elect a new Prime Minister. (Usman Khalid)
Name of Khurshid Shah is also doing the rounds, as son of ‘South Punjab’ would become Sayasi Shaheed and Sindhi PM would assume the office to face the music, a perfect setting for ruling PPP before the next General Elections. The timing of the court orders and strategy of the government to delay it at least till the Senate Elections, would allow the PPP to get ready for the final showdown.
There is hardly anything like governance, rule of law, basic service delivery, and there are many negatives like loadshedding, gas shortages, price hike, job losses and economic difficulties, but Shahadat is still something that PPP would be able to sell in Sindh and South Punjab.See More

NADEEM MALIK

Asked if he would rather resign for the sake of the president, Gilani said if convicted of contempt, he would automatically lose office, so there was no need for him to quit.
“There’s no need to step down,” he said. “If I’m convicted, then I’m not supposed to be a member of the parliament.”
President Asif Ali Zardari: “There had been a lot of cases against him, and they were all politically motivated,” Gilani said, referring to Zardari.
“He has got immunity. And he has not got immunity only in Pakistan, he has transnational immunity, even all over the world.”

NADEEM MALIK asked: YOUR OPINION: PM CONTEMPT OF COURT CASE

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NADEEM MALIK

To Step Down if Convicted: Gilani
“If I am convicted, then there is no need for me to even be a member of the parliament.”

NADEEM MALIK

At last, Supreme Court Takes Assertive Role in Missing Persons’ Case. I Wish the Court Becomes Champion to Protect Human Rights of 180 Million Hapless Pakistanis

NADEEM MALIK

Appeal Dismissed

NADEEM MALIK

The Supreme Court should have the power to get its decisions implemented otherwise there is no point to take up so many issues and put everything on hold. Impartial, Transparent and Timely Decisions. No Favours. No Fears. Cost of Delay is Loss of Pakistan.

Nadeem Malik’s Photos
The Supreme Court should have the power to get its decisions implemented otherwi…se there is no point to take up so many issues and put everything on hold. Impartial, Transparent and Timely Decisions. No Favours. No Fears. Cost of Delay is Loss of Pakistan.See More
By: Nadeem Malik

NADEEM MALIK

سنہ دو ہزار آٹھ سے سنہ دو ہزار گیارہ تک واشنگٹن میں پاکستانی سفارتخانے نے باون ہزار سے زائد امریکیوں کو ویزے جاری کیے۔

BBC Urdu – پاکستان – تین برس میں باون ہزار امریکیوں کو ویزے جاری
www.bbc.co.ukسنہ دو ہزار آٹھ سے سنہ دو ہزار گیارہ تک واشنگٹن میں پاکستانی سفارتخانے نے باون ہزار سے زائد امریکیوں کو ویزے جاری کیے۔

Filed under: CURRENT AFFAIRS

10th February 2012, a Friday morning. You would think that Chief Justice Iftikar Mohammed Chaudhry would take the day off and enjoy the pleasant weather we are experiencing. You would think wrong! He seeks to destabilize the country and cause tensions in socio-economic circles as well as politics. How you say? By rejecting PM Gilani’s [...]

Does Supreme court hate prosperity? is a post from: PakMediaBlog All Rights Reserved.

Transparency International Pakistan says Gilani tenure has given a loss of Rs 8,500 billions in corruption so far. Still nincompoos and corrupts in government expect people to pay taxes like “responsible” citizens. Yes, people like us who pay taxes despite corruption are responsible and they are responsible for beeing ignorant.

People should go for a collective boycott of taxes and take back the country from these evil ruling elite.

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Rs 8,500 bn corruption mars Gilani tenure: Transparency

Source : http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=12258&Cat=13

by Ansar Abbasi

ISLAMABAD: Pakistan has lost an unbelievably high amount, more than Rs8,500 billion (Rs8.5 trillion or US$94 billion), in corruption, tax evasion and bad governance during the last four years of Prime Minister Yusuf Raza Gilani’s tenure, Transparency International Pakistan (TIP) claims.

The TIP advisor, Adil Gillani, told The News that the real impact of corruption in the country’s economy is far more than what is generally estimated or what is formally uncovered. He believes that Pakistan does not need even a single penny from the outside world if it effectively checks the menace of corruption and ensures good governance.

It is generally believed that the four years of the present regime under Gilani had been the worst in terms of corruption and bad governance in the country’s history. Past records of corruption were broken and Pakistan started rising in the ranks of the most corrupt nations of the world.

There has been no check on corruption as the anti-corruption institutions like the National Accountability Bureau and Federal Investigation Agency instead of checking corruption have been siding with the corrupt.

These institutions have been helping the corrupt to get off the hook by distorting and mutilating the evidence in favour of the influential accused.
Adil Gillani, the TIP representative, who too has been haunted by the government during these years for producing corruption reports, explained that the TIP pointed out corruption of Rs390 billion in 2008, Rs450 billion in 2009, Rs825 billion in 2010 and Rs1,100 billion in 2011 under the present regime. The total of these identified cases of corruption is Rs2,765 billion.
In addition to this, he explained the following:

The minister of finance of the present regime himself confirmed corruption in FBR of over Rs500 billon per year, which makes the total Rs2,000 billion; Auditor General of Pakistan pointed out Rs315 billion corruption in 2010; Public Accounts Committee recovered Rs115 billion in 30 months till 2011; circular debt is Rs190 million; KESC was given Rs55 billion illegal benefits per annum since 2008; state-owned enterprises like PSO, PIA, Pakistan Steel, Railways, SSGC, SNGC are eating away Rs150-300 billion per annum; tax to GDP ratio in 2008 was 11%, which in 2011 has reduced to 9.1% instead of being increased.

Gillani explained that Pakistan’s Gross Domestic Product is worth US$175 billion and in the light of this the drop of 1.9% in the tax GDP means annual loss of US$ 3.3 billion. This confirms that FBR is losing Rs300 million per annum, which is annual additional loss since 2008 and stands at Rs1,200 billon in four years
The TIP adviser added that India’s tax-GDP ratio is 18%, and at that rate, Pakistan’s tax evasion/corruption in FBR is 9% of $175 billion, which is US$15.5 billion per year, i.e. Rs1,400 billion per year.

It is worth mentioning here that it is not only the Transparency International but there have been different international bodies including the World Bank and world capitals, which have been showing their concern over rising trend of corruption in Pakistan under the Gilani’s regime. It was mounting corruption and extremely bad governance, which even dithered the outside world to offer cash to Pakistan during 2010 and 2011 floods, which devastated different parts of Pakistan and affected millions of people.
At home the corruption became a fashion in such a shameless manner that even the cabinet ministers started openly pointing fingers at each other and even at the highest levels including the prime minister. Some even approached the Supreme Court but despite all this, corruption remained the hallmark of the present regime, which instead of curbing it started defending it in the name of democracy.

Our beloved prime minister, the master class champion of taking back statements made without pause nor reflection, has vowed to expose hidden elements that seek to disrupt Senate elections. Given his track record here, here and here .. place your bets wisely. Gilani Makes Another Promise He Can’t Keep is a post from: PakMediaBlog All [...]

Gilani Makes Another Promise He Can’t Keep is a post from: PakMediaBlog All Rights Reserved.

While the government is strongly counting on you to believe that they are doing everything in their power to prevent the death of Mansoor Ijaz by the hands of feudals or ninja’s, what is odd is the fact that -Salman Taseer was killed by a personal guard -the guard was not punished -and labeled a [...]

PM Assures Mansoor Ijaz Safety, Ignores Salman Taseers Death is a post from: PakMediaBlog All Rights Reserved.

The prime minister of Pakistan has finally come to the realization that money does not grow on trees and will therefore refrain from spending billions of rupees as protection for Mansoor Ijaz, who is scheduled to appear sometime before the world collapses on itself in December 2012. Mr. Gilani has instead proposed the presence of [...]

Gilani Realizes Money Doesn’t Grow on Trees is a post from: PakMediaBlog All Rights Reserved.

Attempting to type [[kaminay]] into a chat window on Facebook brings up the thumbnail of Pakistan’s most sexy politician, one who is so renounced by equally generous givers such as PM Gilani and Pir Sahib Pagorah. Type it and treat your eyes to some hardcore eye candy. Facebook adds smiley featuring sexiest politician is a [...]

Facebook adds smiley featuring sexiest politician is a post from: PakMediaBlog All Rights Reserved.

Guest blogger, Susan Hyland, joins Adam Thomson’s blog to share a few impressions from her first weeks as Political Counsellor at the British High Commission in Pakistan.

Faisal Mosque in Islamabad, Pakistan

Six weeks ago, one of my colleagues met me at the airport when I arrived in Islamabad for the first time.  As I write this,  I am again at Benazir Bhutto airport, waiting for another new colleague to arrive.  As I sit in the busy arrivals hall, I reflect on my first few weeks.  Pakistan already feels like home.  People have been so friendly and welcoming.  And as Political Counsellor, working with Pakistan on international issues and explaining Pakistani politics to a British audience, I think I have the best job in the British High Commission.  Pakistanis never tire of discussing politics, and neither do I.  When can I find the time to sleep?

Gul Hammad Farooqi Chitral, January 11: Naila Hussain, 19, a blood cancer patient from Chitral, is seeking financial help for treatment of her disease. She has appealed to prime minister Gilani for help. In the video statement she has said that she is interested in studying and want to serve the nation by becoming a [...]

Source : http://www.geo.tv/GeoDetail.aspx?ID=30333

ISLAMABAD: A five member bench of the Supreme Court has decided to refer the six options relating to the NRO implementation case to the Chief Justice for constitution of a larger bench for hearing of these options.

Announcing the verdict on NRO implementation case‚ the bench headed by Justice Asif Saeed Khosa said the six options are being handed over to the Attorney General.

01: To initiate the contempt of court proceedings against the Chief Executive and the Secretary Law for not implementing the NRO verdict.

02: To declare the chief executive ineligible from the membership of the Parliament.

03: The court may form a commission to get the verdict implemented.

04: The people themselves decide on the issue and the court exhibit patience.

05: Contempt proceedings against Chairman Nab may be initiated.

06: The action may be taken against President for violating the Constitution.
The Supreme Court said in its order in NRO implementation case that the government has failed to implement the verdict.’The government is not taking interest to observe the order for the last two years. We knew that the actions we are about to take they may be unpleasant.’

‘The court has taken oath to defend the Constitution. The prime minister respected the party over the Constitution.’

‘The president in an interview to Geo News said his government would not implement one part of NRO verdict.’

As per Article 189 and 190 all institutions are bound to help the apex court, the order said.

‘Prima Facie the prime minister is not an honest man and violated his oath.’

The court recommended the case to the chief justice to form a larger bench to hear the case on January 16.
A Five-member bench of Supreme Court (SC) headed by Justice Asif Saeed Khosa resumed the hearing of the case pertaining to the implementation of National Reconciliation Ordinance (NRO) verdict today.