Another shameful example of corruption of our so called elected government. http://www.express.com.pk/epaper/PoPupwindow.aspx?newsID=1101455314&Issue=NP_LHE&Date=20120221
Posted on 22 February 2012 by Tea Server
Another shameful example of corruption of our so called elected government. http://www.express.com.pk/epaper/PoPupwindow.aspx?newsID=1101455314&Issue=NP_LHE&Date=20120221
Posted on 15 February 2012 by Tea Server
ISLAMABAD: The 20th Amendment bill has been unanimously passed in the National Assembly (NA), Express News reported on Tuesday. Earlier Law Minister Maula Bakhsh Chandio had presented the bill in the NA, after the Federal cabinet had approved the bill’s draft during a meeting in Islamabad. Opposition leader Chaudhry Nisar, during the NA session, had stated that the government [...]
Posted on 13 February 2012 by Tea Server
Charges Framed-PM Willfully Flouted Orders: Supreme Court
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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. 
| PM SHOULD WRITE LETTER TO SWISS COURTS
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| SUPREME COURT SHOULD POSTPONE CASE TILL SENATE ELECTIONS
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| SUPREME COURT SHOULD TAKE A FIRM POSITION TO FRAME CHARGES
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| PRIME MINISTER SHOULD BECOME SIYASI SHAHEED DEFYING COURTS
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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
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
Posted on 05 February 2012 by Tea Server
I remember my Pakistan Studies Teacher relating an incident . Gandhi was addressing a press conference when a snake crawled out of somewhere and passed the leader without biting him. The next day the incident made it to the papers. Later at another press conference this time addressed by Jinnah the journalists asked him what he thought of this miracle. Even a snake would not dare touch Gandhi. ‘Professional ethics’ remarked Jinnah. I do not know whether this story is true or not but it left a mark on me.
It’s a national habit of ours to make our leaders, one dimensional. They become austere portraits hanging over bureaucrats bent over files, lifeless over judges and on the currency notes thumbed repeatedly, their features blurring with use. These men on our paper money who changed the course of history; do we ever wonder what they ate, how they lived and loved.
It was a delight to find out Muhammad Ali Jinnah loved spaghetti, and enjoyed eating grapes and plums. That he had a love of newspapers, had these ordered from all over the world, cut out pieces, wrote notes on them and stuck them in files. He enjoyed reading Kamal Ata Turk’s biography , ‘Grey Wolf’ and was later nicknamed the same by his daughter Dina.
Stanley Wolpert’s Jinnah of Pakistan was a good book to start from. The book goes into great detail about Jinnah’s marriage to Ruttie; Jinnah catching Dinshaw Petit off guard, inquiring his opinion about inter-communal marriages and getting a positive response from Petit, asking for his daughter’s hand in marriage. The book stirred controversy with passages of Ruttie bringing Jinnah bacon sandwiches and refuting the whole episode of Jinnah seeing the Prophet’s (p.b.u.h) name listed as one of the Great Law Makers of the World in Lincoln’s Inn. Nonetheless, Jinnah with all his flaws appears enigmatic.
Interestingly a recent programme on Dawn News confirmed the presence of a plaque, with the Prophet’s (p.b.u.h) name on a list of the Great Law Makers of the World, by showing it on television, though it is no more displayed.
There are a number of books that let us into Jinnah’s private world. A book by by Saleem Chaudry called Quaid-e-azam: baimisaal shakhsiyat, Daraakhshan kirdaar ki Jhalkiyaan is an excellent read. It is full of extracts, personal observations and anecdotes. Jinnah might appear haughty but his wit crackles and amuses.
The book records an incident about him travelling on a train as the reason for reserving a whole coupe for travelling alone. Once when he was travelling to attend the National Assembly from Bombay to Delhi on a first class ticket, he found himself alone in the compartment. From a station an Anglo Indian woman got on the train. She sat down silently on the seat opposite him. The train started moving. Jinnah lay on his seat reading something when he heard her saying, ‘Give me a thousand rupees or I will pull the chain and defame you.’’ Jinnah kept silent.
He gave her the impression that he had not heard her talking. The woman repeatedly demanded the same thing over and over again. Jinnah knew the next station was still some distance away. Angrily the woman came close to him, and violently shook his arm saying. ‘Cant you hear anything? Why are you not listening to me? Aren’t you worried about getting disgraced?’ Jinnah relates, that by this time he had thought of a way of getting out of this sticky situation. Without saying anything, using signs and gestures he got it through to her that he could not hear anything. He pushed a pen and paper towards her to write whatever she wanted to say to him. When she had written down what she was saying on the piece of paper Jinnah took the paper and pulled the chain. Immediately the Guard entered the compartment and Jinnah handed him the paper. The woman was arrested and the train resumed its journey. This incident made him extra cautious and he decided to always book the entire compartment.
A man labelled ‘cold’, ‘stubborn’, ‘arrogant ‘or even an ‘average lawyer who was a late achiever in life.’(Nehru). I find him brutally honest, witty and hard to pin down. How else could you describe a man who could snap at a Governor’s wife (Lady Willingdon as recorded by Hector Bolitho) when she suggested his pretty wife cover her bare shoulders with a wrap to prevent herself from getting a cold?
My favourite passages of Saleem’s book are ones that take the reader into the courtroom where Jinnah played the main lead. The man who had once dreamt of playing Romeo at the Theatre commanded rapt audience in real life courtrooms.
Jinnah had stopped practicing law by 1944 but a request by a Muslim inspector forced him to take his case. The case dealt with the issues of divorce and iddat and required Jinnah to explain about the Muslim Lunar Calendar to the judge. The Judge asked Jinnah about the moon, ‘if it does not rise?’ Jinnah replied, ‘then I cannot make it rise, my Lord.’
In another case when a Judge inquired about a ruling Jinnah was referring to during the proceedings, saying he had not seen such a ruling. Jinnah was quick to answer, ‘Mr. Jinnah says so.’
What baffled me while reading these incidents was if it was audacity to the point of recklessness? For example during the proceedings of a case, an English magistrate, bored and tired of the long discourse interrupted Jinnah in a sarcastic tone, ‘Mr. Jinnah I just listen to what you say from one ear and let it fly out the other’. Jinnah’s retort, the place between the magistrates’ ears must be empty if whatever he says goes in one end and flies out the other, makes me laugh in awe.
I think I am charmed by Jinnah like Sarojini Naidu, a prominent Indian Leader also known as the Nightingale of the East. Some sources claim her to have been besotted by Jinnah, with her writing love poems for him. A profile picture of her sitting in the National archives sent to Jinnah is signed ‘from your friend’ and there are many who deny the infatuation. Jinnah has that power. There is nothing average about him and nothing one dimensional about him.
Posted on 19 January 2012 by Tea Server
Ah, to think of the games of chance or strategy that keep us so entertained and enthralled.
Played for fun, stakes or mere pride, the allure of the games of chance arises from the unique mixture of skill and luck required for success. As all of us addicted to such games, for occasional monetary considerations, are all too aware that fate is a very fickle mistress indeed.
Disguised as luck she flirts without any inhibition, first enticing, then inviting and finally possessing. Whether it’s a board game or cards, this lady is equally adept at controlling the roll of the dice or the shuffle of the deck and in deciding the outcome. And as any punter would tell you on his honor, or whatever is left of it, once in the clutches of this particular belle dame san’s mercy it’s impossible to break free.
The advantage then, of sorts, as far as these games are concerned is that the loss of either or all of honor, pride or wealth can be blamed on the whim of the goddess Fortuna.
Unfortunately this is not the case with strategy games. Win or loss here has to do with the skills of the players. Take chess, that ultimately consummate strategy game. Based on the timeless principles of war those sixty four squares contain millions of possible permutations of moves.
Between well versed equals it’s a fascinating battle of wits to set and spring traps and counter traps. Such matches are mostly settled when in brutal endgame a series of pieces are sacrificed by both side to achieve that crucial aim of checkmating the opposing king. All other pieces can be sacrificed in order to either protect one’s own king or checkmate that of the opposition’s. All moves in chess are therefore incidental to this one grand design.
The current Pakistani political situation is akin a deadly game of chess, being played out with very high stakes. On one side we have our ruling coalition and on the other side the Kiyani & Pasha duo in the vanguard. The ruling coalition is defending while the opponents are on the offensive . However as grand masters well know the most difficult task in chess is to break down a well constructed defense.
The memo gate and covert support for PTI are frontal attacks designed to provoke the government into some rash reaction, thereby breaking its defense. However Zardari & co have put up a masterly exhibition of defensive moves. Having secured their vulnerable flanks with the Presidential immunity, a wide alliance of political parties and a tacit understanding with PML against teaming up with the army, they are now simply biding their time. The upcoming senate elections are what they are aiming for. Winning the majority of senate seats up for elections, as expected, will considerably strengthen their position.
They have correctly assessed that the army traditionally only moves against the civilian government when there is a mass civilian street agitation to act as a smokescreen for its true intentions, a power grab. They have neutralized this aspect by giving PTI complete leeway in terms of holding mass rallies and studiously avoiding any semblance of counter agitation. With meaningful choice finally available in the upcoming elections, most of the Pakistani voters would prefer to bring change by ballot.
The only option left in such a situation to the opponents is to undertake a series of risky gambits, something which they have have now resorted to.
Thus this move of the NRO case. Our constitution’s article 248 clearly grants the President, and Governors, immunity from all civil and criminal proceedings during the term of their offices. This means that in order to initiate such proceeding the President first has to be impeached by the parliament. As per article 47 this requires a two third majority of the combined total votes of the National Assembly and the Senate.
To all those remotely interested in due process of law, please remember the cases of Presidents Nixon and Clinton. Nixon resigned because impeachment was a certainty. He subsequently only escaped a trial as President Ford pardoned him. Dear Clinton actually went through the impeachment proceedings which failed to garner the required votes. No subsequent criminal charges could therefore be levied on him.
On purely legal grounds therefore the NRO case has no merit. But then stranger things have happened in Pakistan. Let’s hope the writ of law is upheld by the guardians of law.
Make no mistake, these coming three months are going to be among the most critical ones in the political history of Pakistan. If senate elections are held on time, then early general elections will be the governments first priority. Both these events should go a long way in establishing the credibility of the election process as a means of managing change.
I sincerely hope that Messrs. Kiyani & Pasha show maturity and do not opt for some rash action in order to force an endgame before March. Any such move is going to have a devastating and possibly fatal impact on the prospects of political stability and national unity.
But fingers crossed all the same. Fate, like most beautiful females, has a latent cruel streak. We can only hope that she is in a benevolent mood and does not spring a nasty surprise on us.
For the first time in our history a civilian setup has managed to sustain a confrontation of this manner for such a period of time. The credit for this should also go to all the opposition political parties. Whatever their individual merits or demerits this time they have avoided the temptation of openly siding with the army.
Whatever the outcome of this match the President and the Prime Minister have managed to contain the influence of the chiefs of Army and ISI, and ensured that the parliament and judiciary remain very relevant. The judiciary has emerged stronger and is likely to challenge the government shortly, as it should, but then that is liable to be a much more civilized confrontation.
So hats off to you, messrs Zardari and Gillani. Please take a bow, you have earned it. Corrupt, inept, greedy and God only knows what else you may be but without a shadow of doubt you are fighting the good fight, for all the wrong reasons. But then that is a minor irritation when seen in the bigger context. And looking at the chessboard, and the position of the pieces, you are indeed masters of the game.
Posted on 17 January 2012 by Tea Server
ISLAMABAD: The National Assembly on Monday endorsed a resolution in favour of democracy originally moved by Awami National Party (ANP) leader Asfandyar Wali Khan, DawnNews reported. Addressing the NA session, Prime Minister Yousuf Raza Gilani said that it was a “welcome day for democracy”. “The parliament is free to elect the leader of the house. If somebody [...]
Posted on 15 January 2012 by Tea Server
In this background, the reference really is a request to determine whether or not the national assembly resolution had any merit or whether it was a contempt of court. The reference also establishes the principle that the judgment of the Supreme Court has greater meaning and weight than a resolution of the national assembly. In order to understand the case it is important to know the background.
Here are some clippings from Nation and Express newspapers and Wikipedia:
Nawab Muhammad Ahmed Khan, Kasuri’s father, was killed in 1974. Kasuri himself was the complainant for the murder case registered against Bhutto, who was eventually hanged in 1979. In April this year, 32 years after Bhutto’s death, President Asif Zardari filed a reference under Article 186 of the Constitution to the Supreme Court to reopen the murder trial.
Bhutto was convicted in a murder case and sentenced to death by the Lahore High Court (LHC) in 1979 during the dictatorship of the then army chief General Ziaul Haq. He was executed on April 4, 1979 by then military dictatorship.
A five-member bench of the LHC, headed by Maulvi Mushtaq Ahmad, had held the Bhutto trial for five months and awarded death sentence to him on March 18, 1978. The Bhutto family had filed an appeal in the Supreme Court. A seven-member bench upheld his death sentence in its February 6, 1979, verdict with a bare 4-to-3 majority. His review petition was also dismissed on March 24, 1979. Bhutto was hanged at the Central Jail, Rawalpindi, on April 4, 1979.
Sheikh Anwarul Haq is a former Chief Justice of the Supreme Court of Pakistan [September 23, 1977 - March 25, 1981]. He is often considered ‘ill-famed’ for giving legitimacy to General Muhammad Zia ul-Haq’s martial law and for upholding the decision of the Lahore High Court which sentenced Zulfikar Ali Bhutto to death for the authorization of the murder of a political opponent. Four Supreme Court judges headed by Chief Justice Anwarul Haq upheld the murder conviction of Zulfikar Ali Bhutto. On 25 March 1981, S. Anwarul Haq became the first Justice and only Chief Justice to refuse taking the oath under the military imposed PCO and resigned on conscientious grounds.
Prime Minister Bhutto began facing considerable criticism and increasing unpopularity as his term progressed, the democratic socialists alliance who had previously allied with Bhutto began to diminish as time progresses. Initially targeting leader of the opposition Vali Khan and his opposition National Awami Party (NAP), also a socialist party. Despite the ideological similarity of the two parties, the clash of egos both inside and outside the National Assembly became increasingly fierce, starting with the Federal government’s decision to oust the NAP provincial government in Balochistan Province for alleged secessionist activities and culminating in the banning of the party and arrest of much of its leadership after the death of a close lieutenant of Bhutto’s, Hayat Sherpao, in a bomb blast in the frontier town of Peshawar.
Dissidence also increased within the Pakistan Peoples Party (PPP), and the murder of a leading dissident Ahmed Raza Kasuri‘s father led to public outrage and intra-party hostility as Bhutto was accused of masterminding the crime. Powerful PPP leaders such as Ghulam Mustafa Khar openly condemned Bhutto and called for protests against his regime. The political crisis in the NWFP (now Khyber Pakhtunkhwa) and Balochistan intensified as civil liberties remained suspended, and an estimated 100,000 troops deployed there were accused of abusing human rights and killing large numbers of civilians.
On January 8, 1977 a large number of opposition political parties grouped to form the Pakistan National Alliance (PNA). Bhutto called fresh elections, and PNA participated fully in those elections. They managed to contest the elections jointly even though there were grave splits on opinions and views within the party. The PNA faced defeat but did not accept the results, alleging that the election was rigged. They proceeded to boycott the provincial elections. Despite this, there was a high voter turnout in the national elections; however, as provincial elections were held amidst low voter turnout and an opposition boycott, the PNA declared the newly-elected Bhutto government as illegitimate.
All the opposition leaders called for the overthrow of Bhutto’s regime. Political and civil disorder intensified, which led to more unrest. Bhutto imposed martial law in major cities including Karachi, Lahore and Hyderabad. However, Mr. Bhutto accepted that there were major irregularities in the election in a number of constituencies and a compromise agreement between Bhutto and opposition to hold fresh election in some constituencies was ultimately reported. This compromise theory was however probably a later day addition as a major PPP armed rally was in the offing.
Zia planned a the Coup d’état carefully as he knew Bhutto had integral intelligence in the Pakistan Armed Forces, and many officers, including Chief of Air Staff General Zulfiqar Ali Khan and Major-General Tajammul Hussain Malik, GOC of 23rd Mountain Division, Major-General Naseerullah Babar, DG of Directorate-General for the Military Intelligence (DGMO) and Vice-Admiral Syed Mohammad Ahsan, were loyal to Bhutto.
To remove this intelligence, Zia secretly contracted with the active duty British SAS army officers to maintain a staff course for the Army personnel while Chief of Naval Staff Admiral Mohammad Shariff quietly removed naval personnel loyal to Bhutto and his government from the Navy’s active duty. Zia ordered Bhutto’s loyal officers to attend a staff and command course and none of the officers were allowed to leave the course until the midnight. Meanwhile, Zia with his close officers, including Admiral Mohammad Shariff, then-Chaiman of the Joint Chiefs of Staff Committee, arranged the coup in the evening. On July 5, 1977, before the announcement of any agreement, Bhutto and members of his cabinet were arrested by troops of Military Police under the order of Zia by the evening.
Bhutto’s last personal appearance and utterances in the supreme court were not merely a long defence of his conduct he also made some matters clear. He mentioned the words of “heir” for his son “Mir Murtaza Bhutto”. He made some remark which indicated that he has views similar to a Sunni, though he was Shia albeit a non-practicing one. He also effectively cast doubt on the reliability of star witnesses against him i.e. Masood Mahmood who was a UK-trained lawyer and not merely a police officer and FSF chief. He mentioned repeatedly Lahori Ahmedi connection of Masood Mahmood in his testimony. He repeatedly brought the subject of his maltreatment in the death cell. Bhutto made it abundantly clear, even though indirectly that he wanted either freedom or death, not something in between, and appreciated Khar and his lawyer Yahya Bakhtiar.
During Bhutto’s five years in Pakistan’s helm, Bhutto had retained an emotional hold on the poor masses who had voted him overwhelmingly in 1970s general elections. At the same time, however, Bhutto had many enemies. The [socialist economics] and nationalization of major private industries during his first two years on office had badly upsets the Business circles… An ill-considered decision to take over the wheat-milling, rice-husking, sugar mills, and cotton-ginning, industries in July of 1976 had angered the small business owners and traders. Both leftists— socialists and communists, intellectuals, students, and trade unionists— felt betrayed by Bhutto’s shift to centre-right wing conservative economics policies and by his growing collaboration with powerful feudal lords, Pakistan’s traditional power brokers. After 1976, Bhutto’s aggressive authoritarian personal style and often high-handed way of dealing with political rivals, dissidents, and opponents had also alienated many….
Posted on 13 January 2012 by Tea Server
From the Newspaper:
IN THE SUPREME COURT OF PAKISTAN (Appellate Jurisdiction) PRESENT: Mr. Justice Asif Saeed Khan Khosa Mr. Justice Ejaz Afzal Khan Mr. Justice Ijaz Ahmed Chaudhry Mr. Justice Gulzar Ahmed Mr. Justice Muhammad Ather Saeed Criminal Miscellaneous Application No. 486 of 2010 in Criminal Appeal No. 22 of 2002 AND Adnan A. Khawaja … Appellant versus The State … Respondent Suo Moto Case No. 4 of 2010 and Civil Miscellaneous Application No. 1080 of 2010 AND Civil Miscellaneous Applications No. 1238 and 1239 of 2010 (Suo Moto action regarding appointment of convicted person namely Ahmed Riaz Sheikh (NRO Beneficiary), as Additional Director General, Federal Investigation Agency Civil Miscellaneous Application No. 1253 of 2010 in Suo Moto Case No. 4 of 2010 (Report submitted in Court by AttorneyGeneral regarding Facts Finding Inquiry in the case of Missing Letter No. PS/DG/FIA/ 2009/504749 dated 17.11.2009) Civil Miscellaneous Application No. 1254 of 2010 in Suo Moto Case No. 4 of 2010 AND (Additional Documents comprising of Interim Report filed by Secretary Law dated 04.04.2010, pointes formulated by Secretary for Hon`ble Court, Advice of Former Attorney-General and Authorization letter in favour of Mr. Hassan Wasim Afzal, Joint Secretary of Ehtisab Bureau dated 20.05.1998) Civil Miscellaneous Application No. 1082 of 2010 (Report/Minutes of Hon`ble Chief Justice of Lahore High Court, Lahore) For Federation: Moulvi Anwar-ul-Haq, Attorney General for Pakistan On behalf of National Accountability Bureau: Mr. K.K. Agha, Prosecutor-General National Accountability Bureau Mr. Fasih A. Bokhari, Chairman National Accountability Bureau Mr. Akbar Tarar, Addl. PG. NAB Mr. Fauzi Zafar, Addl. PG. NAB Sheikh Muhammad Shoaib, Assistant Director, NAB Mr. Mohsin Ali Khan, Assistant Director, NAB In attendance: Mr. Ahsan Raja, Ex. Additional Secretary Ministry of Interior along with his counsel Raja Zulgarnain, ASC For Ahmad Riaz Sheikh: Dr. A. Basit, Sr. ASC On behalf of Secretary Law: Nemo Date of hearing: 10.01.2012 ORDER Asif Saeed Khan Khosa, J.: This order may be read in continuation of the order passed by this Court on the last date of hearing, i.e. 03.01.2012.
2. We have heard the learned Attorney-General for Pakistan, the Chairman, National Accountability Bureau and the learned Prosecutor-General Accountability and have been dismayed by the fact no progress worth any mention has been made by all concerned in the matters mentioned in the order dated 03.01.2012. The learned Prosecutor-General Accountability has submitted and read out two reports dated 09.01.2012 wherein it has categorically been concluded that the National Accountability Bureau has decided not to proceed in the matters of Mr.
Adnan Khawaja and Mr. Ahmad Riaz Sheikh despite clear directions issued by this Court in those regards earlier on. The said reports have been found by us to be utterly unsatisfactory and we find that an attempt has been made through the said reports to screen, shield and protect all those in public offices who were involved in appointments/promotion of the said convicted persons. Upon our query the learned ProsecutorGeneral Accountability has confirmed the fact that in the reports mentioned above a clear conclusion about lack of criminal intent of all concerned and involved has been recorded without even holding a formal inquiry or investigation, which we have found to be strange and unusual.
The learned Prosecutor-General Accountability has gone on to submit that even in the matter of proceeding against Malik Muhammad Qayyum, a former Attorney-General for Pakistan, a decisionhas been taken by the National Accountability Bureau not to initiate or take any proceeding despite a clear direction having been issued by this Court in that respect.
The Chairman, National Accountability Bureau has not only owned the above mentioned reports but has adopted a defiant attitude by stating before us that the decision whether to proceed against any person under the National Accountability Ordinance, 1999 or not is a decision which falls within his exclusive jurisdiction and he has decided not to proceed against any person in the matters of Mr. Adnan Khawaja, Mr.
Ahmad Riaz Sheikh and Malik Muhammad Qayyum. He has stated before us in most categorical terms that no inquiry or investigation is warranted in those matters and he has stated so in contemptuous disregard of the fact that this Court has already passed an order for taking proceedings in those matters.
We have particularly noticed the defiant posture and position adopted by the Chairman and have been struck by his willful disobedience to the earlier directions issued by this Court. It appears that instead of obeying the directions of this Court he (chairman, NAB) has decided to take this Court head on, which attitude we find to be contumacious, to say the least.
The Federal Secretary Law, Justice and Human Rights Division was absent from this Court on the last date of hearing on account of being abroad and even today he has failed to appear and we have been informed that he is unwell and is receiving medical treatment but nothing has been produced before us to substantiate the same. It appears that he prefers foreign sojourns upon his commitments before the highest Court of the country. The learned Attorney-General for Pakistan has stated that there is no change in the situation since the last date of hearing and no step in furtherance of this Court`s earlier directions has been taken by anybody during the interregnum. We have also heard Mr. Ahsan Raja who has tried to convince us that he had no malicious intent in the matter of promotion of Mr. Ahmad Riaz Sheikh.
3. The judgment in the case of Dr; Mobashir Hassan v. Federation of Pakistan (PLD 2010 SC 265) had been passed by this Court way back on 16.12.2009 and in that judgment this Court had issued some very clear and specific directions tothe Federal Government and others which were required by the Court to be implemented and executed immediately. Later on a review petition filed against that judgment was dismissed by this Court and orders were again issued to the Federal Government and others to carry out the directions of this Court without any further loss of time. However, various interim orders passed by this Court in the present and other proceedings bear ample testimony to the unfortunate fact that over the last about two years the Federal Government has demonstrated no interest in carrying out some of the directions of this Court. It isquite clear to us by now that the Federal Government and the National Accountability Bureau are not serious in the matter at all and those concerned are only interested in delaying and prolonging the matter on one pretext or the other. On the last date of hearing it had been made clear to all concerned that they were being given the last and final opportunity till today and it appears that they have consciously decided to defy and disobey this Court.
This Court has already shown a lot of grace and magnanimity in the matter and has demonstrated a lot of patience and restraint in this regard over the last about two years but in the present dismal and most unfortunate state of affairs the Court is left with no other option but to, as warned in categorical terms on the last date of hearing, take appropriate actions in order to uphold and maintain the dignity of this Court and to salvage and restore the delicately poised constitutional balance in accord with the norms of constitutional democracy. [ We are conscious that the actions we propose to take are quite unpleasant but maintaining the necessary constitutional poise and balance is a part of our duties, ....] particularly when we have made an oath before Allah Almighty to `preserve, protect and defend the Constitution of the Islamic Republic of Pakistan` and to `in all circumstances do right to all manner of people, according to law, without fear or favour, affection or ill-will`.
4. When the Objectives Resolution of 1949,made a substantive part of the Constitution of the Islamic Republic of Pakistan, 1973 by Article 2A thereof, mandates that `the independence of the Judiciary shall be fully secured` and when Article 37(d) of the Constitution stipulates it as a Principle of Policy that the State shall `ensure inexpensive and expeditious justice` the Constitution does not contemplate an `independent` judiciary whose decisions may be flouted with impunity or implementation of whose judgments may be left to the whims or caprice of an indifferent Executive.
Likewise, when Article 189 of the Constitution gives the decisions of the Supreme Court `binding` effect and when Article 190 of the Constitution commands in no uncertain terms that `All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court` the Constitution does not envision an Executive professing only `respect` towards the decisions of the Supreme Court but at the same time derisively or disdainfully paying little or no heed to implementation or execution of such decisions. [Obedience to the command of a court, and that too of the Apex Court of the country, is not a game of chess or a game of hide and seek.] It is, of course, a serious busi-ness and governance of the State and maintaining the constitutional balance and equilibrium cannot be allowed to be held hostage to political tomfoolery or shenanigans. Article 5 of the Constitution declares in most unambiguous terms that `(1) Loyalty to the State is the basic duty of every citizen. (2) Obedience to the Constitution and law is the inviolable obligationof every citizen ` In a recent interview with Mr. Hamid Mir on Geo Television the CoChairperson of the major political party in the ruling coalition at the federal level, who also happens to be the President of Pakistan, has categorically stated that under his CoChairpersonship his political party has taken a political decision not to obey some part of the judgment handed down by this Court in the case of Dr Mobashir Hassan (supra). Even the Prime Minister of Pakistan and the Federal Minister for Law, Justice and Human Rights Division have been harping on the same theme for quitesome time on different occasions through speeches made on the floors of the National Assembly and the Senate and also through print and electronic media. Their conduct in the matter also goes a long way in confirming what they have been proclaiming. [Such an attitude, approach and conduct prima facie shows that the Co-Chairperson of the said political party, the Prime Minister and the Federal Minister for Law, Justice and Human Rights Division have allowed loyalty to a political party and its decisions to outweigh and outrun their loyalty to the State and their `inviolable obligation` to obey the Constitution and all its commands.] We may unhesitatingly observe that in our country governed by a Constitution political loyalty cannot be accepted as stronger than loyalty to the State and dictates of a political master or party cannot be allowed to be put up as a defence to failure to obey the Constitution. The old sage Aristotle had once observed that `When laws do not rule, there is no Constitution`. Justice Louis Brandeis of the United States Supreme Court had observed in the case of Olmstead v. United States (227 U.S. 438, 485) that `In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.
As already observed above, we the Judges of the Supreme Court have made an oath before Allah Almighty to `preserve, protect and defend the Constitution of the Islamic Republic of Pakistan` and, thus, it is our bounden duty to take appropriate action whenever we find that the Constitution is not being obeyed or its express commands are, wittingly or otherwise, being disregarded. Let nobody forget that in the not too distant past we stuck to our commitment to the Constitution and constitutionalism and were not shy of giving personal sacrifices for fulfillment of that commitment.
5. This brings us to the actions we may take against willful disobedience to and non-compliance of some parts of the judgment rendered and some of the directions issued by this Court in the case of Dr Mobashir Hassan (supra). This Co urt has inter alia the following options available with it in this regard: Option No. 1: [In such a case of a brazen and blatant failure or refusal of the Federal Government to obey and execute the relevant judgment and directions of this Court the buck stops at the office of the Chief Executive of the Federation, i.e. the Prime Minister.] At the time of entering upon his exalted office the Prime Minister had made an oath that ` I am a Muslim and believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran being the last of them, the Day of Judgment, and all the requirements and teachings of the Holy Quran and Sunnah`. He had fur-ther sworn before Allah Almighty that `as Prime Minister of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law` and that `I will not allow my personal interest to influence my official conduct or my official decisions`While invoking the name of Allah, the most Beneficent, the most Merciful, and also seeking His help and guidance, the Prime Minister had also made an oath that `I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan`. It is evident that in his oath the Prime Minister had made an unambiguous commitment with Allah Almighty not only to conduct himself completely in accord with the commands and requirements of the Constitution, including those of Articles 2A, 37(d), 189 and 190 thereof, but also totally in sync with the requirements and teachings of the Holy Quran. In the matter of making of oaths the Holy Quran has inter alia ordained as follows: `And make not Allah`s name an excuse in your oaths against doing good, or acting rightly, or making peace between persons; For Allah is One who heareth and knoweth all things. Allah will not call you to account for thoughtlessness in your oaths, but for the intention in your heart; And He is oft-forgiving, most forbearing.` (S. II: 224-225) `Allah will not call you to account for what is futile in your oaths, but He will call you to account for your deliberate oaths: But keep to your oaths. Thus Allah makes clear to you His signs, that ye may be grateful.` `And take not your oaths, to practise deception between yourselves, with the result that somebody`s foot may slip after it was firmly planted, and ye may have to taste the evil consequences of having hindered men from the path of Allah, and a mighty wrath descend on you.` (S. XVI: 94) `They swear their strongest oaths by Allah that, if only thou wouldst command them, they would leave their homes.
Say: Swear ye not; Obedience is more reasonable;Verily Allah is well acquainted with all ye do.` (S.
XXIV: 53) `God has already ordained for you, (O men), the dissolution of your oaths (in some cases): and God is your protector, and He is full of knowledge and wisdom.` (S. LXVI: 2) `Heed not the type of despicable man, -ready with oaths` (S. LXVIII: 10) According to clause (f) of Article 62(1) of the Constitution `A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless he is sagacious, righteous, non-profligate, honest and ameen, there beine no declaration to the contrary by a court of law` (underlining has been supplied for emphasis). By virtue of Article 113 of the Constitution the same qualifications are also required for election to or being chosen as a member of a Provincial Assembly. In the above mentioned backdrop the apparent persistent, obstinate and contumacious resistance, failure or refusal of the Chief Executive of the Federation, i.e. the Prime Minister to completely obey, carry out or execute the directions issued by this Court in the case of Dr. Mobashir Hassan (supra) reflects, at least prima facie, that he may not be an `hon-est` person on account of his not being honest to the oath of his office and seemingly he may not be an `ameen` due to his persistent betrayal of the trust reposed in him as a person responsible for preserving, protecting and defending the Constitution and also on account of allowing his personal political interest to influence his official conduct and decisions. According to the Preamble to the Constitution `sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust` and `the State shall exercise its powers and authority through the chosen representatives of the people`. [A chosen representative of the people deliberately violating such a sacred trust and disregarding his commitment in that regard with Allah Almighty may hardly qualify to be accepted as `ameen`.] In the circumstances of this case mentioned above this Court has an option to record a finding in the above mentioned regards and it may hand down a declaration to that effect in terms of clause (f) of Article 62(1) of the Constitution which finding or declaration may have the effect of a permanent clog on the Prime Minister`s qualification for election to or being chosen as a member of MajliseShoora (Parliament) or a Provincial Assembly.
Somewhat similar oaths had also been made by the Co-Chairperson of the relevant political party before entering upon the office of the President of Pakistan and by the Federal Minister for Law,Justice and Human Rights Division before entering upon the office of a Federal Minister and apparent breaches of their oaths may also entail the same consequences.
Option No. 2: Proceedings may be initiated against the Chief Executive of the Federation, i.e.
the Prime Minister, the Federal Minister for Law, Justice and Human Rights Division and the Federal Secretary Law, Justice and Human Rights Division for committing contempt of this Court by persistently, obstinately and contumaciously resisting, failing or refusing to implement or execute in full the directions issued by this Court in its judgment delivered in the case of Dr Mobashir Hassan (supra). It may not be lost sight of that, apart from the other consequences, by virtue of the provisions of clauses (g) and (h) of Article 63(1) read with Article 113 of the Constitution a possible conviction on such a charge may entail a disqualification from being elected or chosen as, and from being, a member of Majlis-e-Shoora (Parliament) or a Provincial Assembly for at least a period of five years.
Option No. 3: In exercise of its powers under Article 187 of the Constitution read with Rules 1 and 2 of Order XXXII of the Supreme Court Rules, 1980 and all other enabling provisions this Court may appoint a Commission to execute the relevant parts of the judgment passed and directions issued in the case of Dr Mobashir Hassan (supra).
Option No. 4: Although in the present proceedings nobody has so far raised the issue pertaining to the protections contemplated by Article 248 of the Constitution yet if anybody likely to be affected by exercise of these options by this Court wishes to be heard on that question then an opportunity may be afforded to him in that respect before exercise of any of these options.
Option No. 5: It is a statutory duty of the Chairman, National Accountability Bureau under the National Accountability Ordinance, 1999 to proceed against any person prima facie involved in misuse of authority while holding a public office. On the last date of hearing, i.e. 03.01.2012 this Court had directed the Chairman to attend to the matters of appointment of Mr. Adnan Khawaja as Managing Director of the Oil and Gas Development Company Limited (OGDCL) against merit and appointment/promotion of Mr.
Ahmed Riaz Sheikh as Additional Director, Federal Investigation Agency (FIA) at a time when both of them were convicted persons and to proceed against all those who were responsible for such appointments/promotion. The Chairman has also failed so far to initiate any action against Malik Muhammad Qayyum, former AttorneyGeneral for Pakistan, in view of the direction issued in that regard in the judgment passed in the case of Dr Mobashir Hassan (supra), as modified in review to his extent. Today the Chairman has appeared before this Court in person and he has not only failed to advance any satisfactory explanation for his inaction in the above mentioned regards but has also manifested defiance towards this Court by categorically refusing to carry out the earlier directions issued by this Court qua proceeding in the matter of the above mentioned persons. Such inaction on his part in derogation of his statutory duty prima facie amounts to misconduct attracting the last part of section 6(b)(i) of the National Accountability Ordinance, 1999 dealing with removal of the Chairman from his office. Apart from that we have gathered an impression that he has attempted to screen, shield and protect the relevant persons from criminal charges which may attract consequences in some criminal and other laws. In these circumstances appropriate recommendations or directions may be made or issued by this Court in such regards.Option No. 6: The constitutional balance vis-àvis trichotomy and separation of powers between the Legislature, the Judiciary and the Executive is very delicately poised and if in a given situation the Executive is bent upon defying a final judicial verdict and is ready to go to any limit in such defiance then instead of insisting upon the Executive to implement the judicial verdict and thereby running the risk of bringing down the constitutional structure itself this Court may exercise judicial restraint and leave the matter to the better judgment of the people of the country or their representatives in the Parliament to appropriately deal with the delinquent. After all the ultimate ownership of the Constitution and of its organs, institutions, mechanisms and processes rests with the people of the country and there may be situations where the people themselves may be better suited to force a recalcitrant to obey the Constitution. It may be advantageous to reproduce here the relevant words of the Preamble to the Constitution of the Islamic Republic of Pakistan, 1973: `we, the people of Pakistan Do hereby, through our representatives in theNational Assembly, adopt, enact and give to ourselves, this Constitution` 6. The learned Attorney-General for Pakistan is hereby put on notice to address arguments before this Court on the next date of hearing, after obtaining instructions from those concerned, as to why any of the above mentioned options may not be exercised by us in these matters. It goes without saying that any person likely to be affected by exercise of the above mentioned options may appear before this Court on the next date of hearing and address this Court in the relevant regard so that he may not be able to complain in future that he had been condemned by this Court unheard. The learned Attorney-General for Pakistan is directed to inform all such persons mentioned above about the passage of this order and also about the next date of hearing.
7. On account of constitutional importance of these matters the Honourable Chief Justice is requested to consider the desirability of hearing of these matters on the next date of hearing by a Larger Bench of this Court.
8. Adjourned to 16.01.2012 on which date the learned Attorney-General for Pakistan, the Federal Secretary Law, Justice and Human Rights Division, the Chairman National Accountability Bureau and the learned Prosecutor-General Accountability shall appear before this Court in person.
Islamabad 10.01.2012
Posted on 09 January 2012 by Tea Server
Guest Contribution by Jonathan D. Halevi
The following piece was originally published by Jerusalem Center for Public Affairs. The author, Jonathan D. Halevi, is a senior researcher of the Middle East and Radical Islam at the Jerusalem Center for Public Affairs headed by former Israeli Ambassador to the UN, Dr. Dore Gold. Mr. Halevi is also director of research for the Orient Research Group Ltd., a strategic and private information services company.
The prevailing optimism in media reports concerning the Egyptian Muslim Brotherhood and the Salafist party’s readiness to adhere to the peace treaty with Israel is based on general statements made by senior officials in both parties. These statements maintain that Egypt must honor the international treaties that it signed.
Yet a more rigorous examination of the two parties’ stances identifies a markedly different tendency. Both seek a way to cast off the Camp David agreement in a manner that will incur minimal diplomatic and economic damage to Egypt, and restore Egypt to its leading role in the circle of states confronting Israel.
The Muslim Brotherhood has set a number of criteria for examining international agreements, including the Camp David agreement: the considerations of Islamic canon law (Sharia), the position of the Egyptian people, and the degree of Israel’s compliance with the agreement from Egypt’s perspective.
The strategic objective of the Egyptian Islamic movements is to transform Egypt into a prime regional force that will lead the diplomatic and military battle against Israel. This means re-examining the Camp David agreement and submitting it to the decision of the new parliament that will be controlled by the Islamic parties or to a referendum – thereby alleviating the responsibility of any future Egyptian government for cancelling the peace treaty. These developments can be averted if the U.S. and its allies take a firm position against any initiative to undermine the Treaty of Peace between Israel and Egypt, and all echelons of the Egyptian establishment are made to understand the implications of any such action.
The revolution in Egypt, followed by elections to the parliament, has elevated the Islamic parties to a position of power as they enjoy an absolute parliamentary majority after the two initial stages of the parliamentary elections. The Muslim Brotherhood movement’s Freedom and Justice party won 49 percent of the total seats that it contested (73 out of 150) in the first stage of the elections and the Salafist al-Nur party won about 20 percent of the seats (30 seats). In the second stage of the elections the Muslim Brotherhood won about 40 percent of the votes and al-Nur about 35 percent. The final stage of the elections will take place in January 2012. However, we can already form the distinct impression that the Egyptian parliament will be controlled by the absolute majority retained by these two extreme Islamic parties.
In recent journalistic reports we repeatedly hear the claim that the Freedom and Justice party and the al-Nur party will continue to honor the Camp David peace agreement with Israel after the new regime has been consolidated under their leadership. These reports are essentially based on general statements made by senior officials in both parties to the effect that Egypt must honor the international agreements that it signed. However, a rigorous examination of the two parties’ stances indicates a totally different tendency: namely, the two parties seek to cast off the Camp David accords in a manner that will cause Egypt the minimal possible diplomatic and economic damage.
The issue of Egyptian adherence to the Camp David agreement was brought up during discussions that Senator John Kerry conducted together with the American Ambassador to Cairo, Anne Patterson, with leaders of the Freedom and Justice party on December 10, 2011. Dr. Mohammed Morsi, the party chairman, referred to the issue in general terms. A report on the meeting by the official website of the Muslim Brotherhood stated:
Morsi noted that Egypt is a large country with a deep-rooted history that fulfills an important role in the Arab, Islamic and international arenas and therefore it honors the agreements and contracts which it has signed. He demanded that the American administration listen directly to the people rather than listen to what is said about them, while emphasizing that the United States could play a role in facilitating economic stability and prosperity for all peoples should it choose to do so.1
New Egyptian Conditions
The Muslim Brotherhood set a number of criteria for examining international agreements, including the Camp David agreement. First, there is Islamic canon law (Sharia); second, one must take into account the Egyptian people’s position which Morsi mentioned in his talk with Senator Kerry; and third, one must weigh the degree of compliance by the other party to any agreement that was signed with Egypt.
The platform of the Freedom and Justice party determines that it will honor international human rights agreements, provided that they do not contradict the Islamic Sharia. Regarding the peace agreement with Israel, the platform states that agreements between countries must be acceptable to the people and conform to the principles of justice and the interests of the parties. Respect for these agreements is conditional upon an obligation by the parties to fulfill them in full, as is the norm in international relations. “Therefore, the party considers it obligatory to reappraise many of the agreements that were signed in various fields by the old regime.”2
Calls to Re-examine the Treaty with Israel
Senior leaders of the Freedom and Justice party have on numerous occasions in recent months favored amending or abrogating the Camp David accords and severing diplomatic and economic relations with Israel. On August 25, 2011, party chairman Dr. Mohammed Morsi demanded a re-examination of the Camp David agreement, and contended that Israel’s “attack” on an Egyptian army border position (that was in response to terrorist fire at the IDF from this position) exemplified Israel’s systematic violation of the agreement.3
Dr. Ahmed Abu Baraka, the Freedom and Justice party’s legal advisor and a senior leader of the party, said on August 28 that it was necessary to re-examine all the clauses of the Camp David agreement to see whether its abrogation was mandated. He emphasized the importance of deploying Egyptian army forces in the Sinai, equipped with heavy and advanced weaponry, in order to deter Israel.4
Dr. Mohammed Gamal Hismat, a senior leader of the Freedom and Justice party and a former parliament member, proposed on August 24 to establish a legal committee that would examine the Camp David agreement in light of Israel’s “continued violation” of the agreement.5
Dr. Essam El-Arian, the deputy leader of the Freedom and Justice party, on August 23 minimized the importance of American threats to terminate assistance to Egypt if it were to disown the Camp David agreement, and contended that Israel was violating the agreement “in a blatant fashion.”6
Dr. Hamdy Ismail, the party secretary in the Ismailiya district, explained on October 31 that the issue of the Camp David agreement directly affected the Egyptian citizenry, and therefore raised a proposal within the party to submit the decision on the issue to a referendum.7
Dr. Ahmed Rami, a senior Freedom and Justice party leader in the Qalyubiya district, called on August 27 for a re-examination of the Camp David agreement, noting that the revolution in Egypt marked the outset of a journey to liberate Jerusalem in view of the fact that the “Zionist entity is near collapse.”8
These positions received additional validation from the leader of the Muslim Brotherhood, Dr. Mohammed Badie, who in his weekly letters to movement activists elaborates his doctrine and positions with regard to the United States and Israel following the revolutions in Egypt and the Arab world. Badie terms the Camp David accord “a surrender” agreement and he presents a list of demands on this issue. In his letter of May 5, 2011, Badie wrote:
We vociferously call for the termination of normalization, that provided our enemy [Israel] with stability, putting an end to securing the Zionist borders and the killing of infiltrators into the enemy’s [territory], the abrogation of the issues of economic interests such as the QIZ,9 a [halt] to gas exports that wrought damage to our national security, urgent action to complete the opening of the Rafah crossing on a permanent basis and a re-examination of the Camp David agreement so it can be presented to the National Assembly elected in free elections, thus allowing it to have its say after it was denied this for years.10
Badie defines Israel and the United States as Egypt’s principal adversaries. In his weekly letter of October 6, 2011, he reaches the clear conclusion that “our main enemy is the Zionist-American plan, which aspires to take over the entire region in order to establish Greater Israel and the New Middle East.”11
Badie does not mention any option for cooperation with Israel or the United States, but, on the contrary, in his evaluation these two countries, that represent the most dangerous threat to Egypt, are currently in a state of historic decline:
The global forces, the Zionists and Americans, are absorbing a succession of debacles and defeats, commencing with Israel’s isolation and loss of its regional supporters, and the American failures in the military realm (in Iraq and Afghanistan), and in the economic arena that threaten the collapse of the capitalist regime as a result of failed policy and the huge expenses and wars prosecuted under the pretext of liquidating what they call terror. They’ve forfeited their credibility among peoples and now they’ve lost their financial sources, and we do not rule out the possibility that their fate will approximate the Soviet Union’s fate….At the same time the blessed revolutions of the Arab Spring presage a total change in the Arab national map.12
The irrelevance of the Camp David agreement finds expression in the Muslim Brotherhood movement’s overt aspiration to bring about the “liberation” of the entire territory of “Palestine,” a concept that dovetails with its Islamic ideological platform, and which finds expression in the current optimistic assessment by the Muslim Brotherhood leader on the prospects for realizing this vision in practice. In his weekly letter of June 9, 2011, Badie writes:
Victory is near with the help of Allah, it is definite and there can be no doubt about it. The restoration of Palestine, al Quds [Jerusalem], the Golan, and all the lands that Israel conquered is no longer feverish imagination, but a hope that will soon be realized after the [Arab] nations have revolted….The era of “Israeli” superiority has ended and “Israel” has begun to doubt its continuity and survival.13
The official position of the Salafist al-Nur party resembles that of the Muslim Brotherhood. Dr. Emad Abdel Ghafour, the party leader, says:
It is obligatory to honor the agreements to which Egypt is affiliated, and we demand that they be met. There are many passages in the peace agreement that were not implemented [by Israel], such as a solution to the Palestinian problem, the right of self-determination [for the Palestinian people], and the autonomy of a Palestinian state on Palestinian soil. There are many issues that must be implemented so that the Palestinian people will sense that it has benefited from the peace process….The peace agreement of Camp David requires a re-examination.14
Dr. Yousry Hamad, the spokesperson for the al-Nur party, explained that the party’s position on the Camp David agreement would be adopted on the basis of Sharia,15 and vigorously denied journalistic reports that the party was ostensibly prepared to maintain contacts with the Israeli ambassador in Cairo.16
Unfounded Optimism
The optimism regarding a radical change in the positions of these extreme Egyptian Islamic movements regarding Israel grasps at the straws of general statements that do not attest to an ideological reversal, but convey the tactics for obtaining the strategic objective: casting off the Camp David agreement and transforming Egypt into a prime regional force that will lead the diplomatic and military battle against Israel.
The Muslim Brotherhood, as well as the al-Nur party, is seeking a convenient exit point from the Camp David agreement, due to an awareness of the implications of violating a binding diplomatic treaty under international law and the immediate damage that the Egyptian economy is likely to absorb as a direct result of an initiated abrogation of the Camp David accords.
Egypt receives $1.3 billion annually in U.S. military assistance, while in 2010 American economic assistance totaled $250 million. The Egyptian army’s main strength is predicated on American weapons systems including F-16 and F 14 aircraft, Apache helicopters, M1A1 and M60A3 tanks, surface-to-air missiles, spy planes, and more. In the framework of bilateral military cooperation, the armies of the two countries customarily conduct joint training and maneuvers.
How to Nullify the Peace Treaty
Yet the die has been cast and the strategic choice has already been made. The only question on the agenda is how to implement this decision at a minimal diplomatic and economic cost. We can infer from comments by senior Muslim Brotherhood members that they are interested in playing the “democratic game” to the hilt on this issue as well. This means re-examining the Camp David agreement and submitting it to the decision of the new parliament that will be controlled by the Islamic parties or to a referendum – thereby alleviating the responsibility of any future Egyptian government for cancelling the peace treaty. The immediate pretext will be Israel’s noncompliance with clauses in the agreement, in order to attribute to Israel the blame for the treaty’s abrogation.
It would appear that the Muslim Brotherhood’s appraisal is that following their seizure of power and additional achievements of the Arab Spring, the U.S. will be compelled to accept the new reality, just as it has made peace with the situation up to now. American leaders have even reiterated their praise for the democratic process, although this process has elevated the radical Islamic forces to new positions of power. These forces aspire to drain democracy of content and gradually (the Muslim Brotherhood strategy) or immediately (the al-Nur party approach) implement Islamic religious law.
From Israel’s standpoint, the revolution in Egypt and its translation at the ballot box into the Islamic Revolution carries the serious potential for transforming Egypt in the foreseeable future into an enemy and restoring it to the circle of confrontation states. Israel is doing its utmost to preserve the Camp David agreement even for appearances sake. However, developments in Egypt will inevitably lead to the creation of a serious security challenge on Israel’s southern border. The new Egypt will try to exercise its full sovereignty in Sinai and deploy regular forces there, employing various pretexts, beginning with Israeli “violations” of the Camp David agreement, proceeding with the need to defend itself against an Israeli attack, and concluding with Egypt’s obligation to protect its Palestinian brothers in Gaza.
Furthermore, the Muslim Brotherhood movement in Egypt, the parent movement of Hamas, provides ongoing assistance to Hamas and furnishes it with strategic backing that is growing more potent due to the Brotherhood’s increased strength in the recent elections. A high proportion of Izzedine al Qassam Brigade activists who were killed in recent years in Gaza were simultaneously Muslim Brotherhood activists and Hamas members. The plausible assumption is that one of the Muslim Brotherhood’s first objectives after it assumes the reins of power will be to guarantee an open border crossing between Gaza and Egypt, and to provide comprehensive economic and military assistance to Hamas that will pose new security risks for Israel.
Furthermore, the strategic alliance between the Muslim Brotherhood and Hamas may constrain Israel’s freedom of military action in Gaza (as well as in the West Bank) because this could provoke an Egyptian military response, including the transfer of aid, weapons, and intelligence to Hamas, the deployment of Egyptian forces in Sinai and/or in Gaza, stationing Egyptian antiaircraft systems on the border of Gaza, and threats of direct military action.
These developments can be averted if the U.S. and its allies take a firm position against any initiative to undermine the Treaty of Peace between Israel and Egypt, and all echelons of the Egyptian establishment are made to understand the implications of any such action.
* * *
Notes:
1. http://www.ikhwanonline.com/new/Article.aspx?ArtID=96953&SecID=0
2. http://www.hurryh.com/Party_Program.aspx
3. http://www.hurryh.com/Provinces/Our_news_Details.aspx?News_ID=1933&ID=23
4. http://www.hurryh.com/Provinces/Our_news_Details.aspx?News_ID=2000
5. http://www.hurryh.com/Party_Article_Details.aspx?News_ID=1872
6. http://www.hurryh.com/Our_news_Details.aspx?News_ID=1850
7. http://www.hurryh.com/ar_print.aspx?print_ID=4579
8. http://www.hurryh.com/Our_news_Details.aspx?News_ID=1954
9. The QIZ Agreement (QIZ-Qualified Industrial Zones) was signed in 2005 between the governments of the United States, Israel and Egypt. The agreement defined industrial zones whose factories would receive a customs exemption on their exports to the United States if a certain percentage of the raw materials originated in Israel.
10. http://www.ikhwanonline.com/new/Article.aspx?ArtID=83759&SecID=0
11. http://www.ikhwanonline.com/new/Article.aspx?SecID=213&ArtID=92523
12. http://www.ikhwanonline.com/new/Article.aspx?SecID=213&ArtID=92523
13. http://www.ikhwanonline.com/new/Article.aspx?ArtID=85754&SecID=0
14. http://www.tayyar.org/Tayyar/News/PoliticalNews/ar-LB/salafi-egypte-pb-5363323219.htm
15. http://www.youtube.com/watch?v=8tCfUs6upxQ&feature=youtu.be
16. http://www.facebook.com/AlnourParty/posts/211082628974957
Posted on 05 January 2012 by Tea Server
Constitution of Pakistan has been amended seventeen times since its promulgation in 1973; however the ninth and eleventh amendment bills were not passed. The importance of legislation is incontestable; it is the prerogative of parliament to set the rules of business but does it make any difference for a commoner either President has more power or Prime Minister. What matters for him is good governance, availability of basic needs with in affordable price.
Below are all amendments in a summarized form 1974 onwards…
This amendment had become necessary as East Pakistan had emerged as a new independent state “Bangladesh” and Pakistan had officially recognized it.
Posted on 04 January 2012 by Tea Server
ISLAMABAD, Jan.3 (APP): Prime Minister Syed Yusuf Raza Gilani on Tuesday reiterated his commitment for creation of new provinces, including Saraeki province and asked Chief Whip in National Assembly Syed Khursheed Shah to discuss it with allied parties and move a resolution in the House.“I am in full support of our province (Saraeki). If new [...]
Posted on 02 January 2012 by Tea Server
Posted on 31 December 2011 by Tea Server

Be it Veena Malik, Shoaib Malik, or Rehman Malik, there is one thing I have realized; it’s not easy being a Malik in Pakistan.
The Maliks of Pakistan are forever surrounded by controversies. Despite stiff competition amongst politicians and artists who struggled to top the “hall of shame, 2011,” guess who has managed to secure the first position once again? Our very own, very dear, very entertaining, Dr Abdul Rehman Malik. To acknowledge his outstanding performance, he has even been awarded a PhD degree by the Syndicate of Karachi University in recognition of his “matchless services to the country.”
Some of his golden words uttered during the year 2011, that range from outlandish to hilarious, are listed as follows:
1) Statement: “If someone insulted Prophet Muhammad (pbuh), I, too, would shoot him”.
Event: On the assassination of Salmaan Taseer. The government responds in a way the authorities are supposed to: by promising the laws would stand, but Rehman Malik comes up with this bizarre statement instead.
Look my dear friend, who knows one fine day some Qadri pops out of my convoy and kill me for XYZ reason under the garb of blasphemy law, would any media man come to rescue me?
2) Statement: “I am thankful to the Taliban who did not carry out any attack on Shia Muslims and showed respect to their rituals.”
Event: During the event of Ashura, Rehman Malik passed another shocking statement to the media. He actually thanked the Taliban for not attacking Shia processions! And no, he did not stop there. Rehman went on to say that he had appealed to the Taliban, asking them to spare the processions of Shia Muslims, and that he was grateful that they responded positively to his appeal.
My friend, we must not pass sweeping statements on Taleban, like us they are human too. Shouldn’t we thank them for sparing us for at least one day, isn’t it a good deed?
3) Statement: ”The Tablighi missionary centre in Raiwaind is the breeding ground for extremism and terrorism in Pakistan as the centre has a major role in brainwashing the extremists.”
Event: Rehman Malik made this statement to the audience at the security think-tank International Institute of Strategic Studies (IISS) while speaking on the topic of ”Countering Extremism in South Asia’.
You need to watch movie “Khuda Kay Liye” and listen to Naseeruddin Shah closely, he says “Islam main Darhi hai, Darhi main Islam nahin”, now try to figure out what I mean.
4) Statement: ”If Google and Youtube do not help the Pakistan government, then Pakistan reserves the right to block these services to prevent terrorists from using it”.
Event: The Interior Minister when talking to the media at the FIA headquarters, urged the internet service providers to extend their help to the government for exterminating the menace of terrorism from the country.
I have warned Government of Googlistan and Republic of Youtube to cooperate with Pakistan at their best and they have agreed to keep a strict eye on terrorists using their web space to disrupt Pakistani soil. We will not spare them.
5) Statement: ”I had given a warning yesterday that there should be no match-fixing. This time I am watching it very closely. If any such thing happens we will take action”.
Event: Before the World Cup semi-final against India, Pakistani cricketers were warned beforehand not to indulge in any match-fixing by the Interior Minister Rehman Malik who said he was keeping a “close watch” on their activities.
My every statement has a philosophy behind it; we kept a close eye to watch players and didn’t let them match fix. They win, lose or even play under pressure due to my policing is not my headache. I want results.
6) Statement: “PML-N had embraced Osama bin Laden and was responsible for bringing Osama bin Laden from Egypt to Pakistan for his treatment”.
Event: Speaking at the National Assembly, Malik denied opposition leader Chaudhry Nisar’s claim that the government was sleeping while the US operation was carried out. He lashed out at PML-N for bringing Bin Laden to Pakistan.
All of you talk about 100 suitcases Nawaz Shareef brought to Saudi Arabia but forgets what he brought from there; Osama Bin Laden was packed in one of those suitcases, I will tell you the whole story at the “right time”.
7) Statement: ”Extortionists should quit extorting and leave the city”.
Event: Talking to the media after addressing a ceremony held at the Karachi Chamber of Commerce, Interior Minister Rehman Malik warned the extortionists and target killers to quit and leave Karachi else stern action will be taken against them. I bet they were scared.
Stupid warnings always work in my case; good extortionists would listen to me and leave the city, while “bad apples” will be left with no option but to disappear as well.
Statement: ”When it is reported that 100 people were killed due to target killing, investigations reveal that only 30 were its victims while 70 others died at the hands of their wives or girlfriends.”
Event: During the press conference in Quetta, when target killings were on an all time high in Karachi, the Interior Minister said that the reported figure of deaths due to target killing were not accurate because half the men were killed by the women in their lives. Now that’s some imagination Mr Malik has there. Too many action-thriller films I would say.
Along with Interior ministry I am given a task to handle “internal affair ministry” as well.
9) Statement: “They were wearing black clothes like in Star Wars movies, (one) with (a) suicide vest. They had small beards and two of them were between 20-22 years old while the third who blew himself up was about 25.”
Event: This classic comment erupted from Malik’s mouth when he was talking to the media after the PNS Mehran attack. Our dear Interior Minister came up with another bizarre analogy and compared terrorists’ outfits to Star Wars characters. Told you he was into action flicks and stuff.
One of your private Tv channels portrays me as Chulbul Malik but I proved them I am a Starwars Freak.
10) Statement: “All ground intelligence shows that Ilyas Kashmiri is dead. What I can say is that there is a 98 % chance he is dead”.
Event: Interior Minister Rehman Malik told the media that although he had no physical proof, he was ’98 % sure’ that senior al Qaeda operative Ilyas Kashmiri was killed in a US drone strike in South Waziristan. Let’s add clairvoyance to his list of countless other outstanding traits, shall we?
You won’t ever see me boasting about percentages or issuing loose statements.Can’t do much about this, I am a Maths Man too.
Posted on 30 December 2011 by Tea Server
Once upon a time, in the eighties, Gilani was a young minister in Prime Minister Junejo’s cabinet. At that point, Junejo wasn’t quite getting along with his Punjab chief minister, Nawaz Sharif. Most worryingly, even Ziaul Haq was convinced Nawaz was getting too big for his britches and had forgotten that the position he occupied was a generous gift from the General.
Zia expressed his reservations before kingmaker Pir Pagaro who promised to “fix” Nawaz. The next day, Pir Sahib called Gilani and instructed him to leave for Punjab and start laying the planks of his campaign as future chief minister. Gilani immediately went off and set up shop in Lahore.
As he mixed with dozens of political heavyweights, news spread that change was a-comin’. Big names like Nasrullah Dareshak, Aashiq Gopang, Malik Allahyar Khunda, Makhdoom Altaf, Rafiq Laghari and others flocked to see Gilani for secret meetings. There were reports that Manzoor Wattoo was becoming restless. When Chaudhry Parwaiz Elahi contacted Gilani and hinted at wanting to leave Nawaz, it seemed like a job well done.
The chief-minister-in-waiting couldn’t wait any longer and sent a message to the Pir saying the seeds of mutiny had been sown. Pagaro told him to wait.
So while Gilani waited in Lahore, rubbing his hands in silent expectation of torpedoing Nawaz’s career, the by now shaken chief minister arrived to meet his master in Islamabad. No one really knows what transpired during the meeting between Nawaz and Zia – expect that, after it was over the General announced before the media that the chief minister’s fort was secure. Junejo followed up with a similar statement that there would be no change in Punjab. And the final clincher came from Pir Sahib himself: there was a rip in Nawaz’s sack that had been patched up. It was indeed a job well done.
This turn of events created panic in Lahore, of course. The MPAs who had so readily lined up behind Gilani scurried away like roaches in the light. They all realised that they had been used. Gilani understood too.
A hangdog Gilani arrived to meet the Pir and asked him why he had done what he had done. Pir Sahib smiled. “Bacha, this is politics,” he said. “Nawaz was showing the eye to the General so I told him I’d teach him a lesson. I selected you because you are young. You don’t have absolute credibility in politics yet, but you come from a powerful political family in Multan; plus, you’re my relative and it would have been easy for you to convince MPAs to leave Nawaz. Thank God my hunch was not wrong. You have not disappointed me.”
“But this means you have used me,” a heartsore Gilani replied.
Pir Sahib smiled again. A defeated Gilani left, having learnt an invaluable lesson: that there are two kinds of politicians – the first, who masters the art of using others for his political gains, and the second who is always used by others for their political gains.
But over two decades after this incident – which reporter Rauf Klasra narrates in his book, Aik Siyasat Kaee Kahaniyan (One Politics, Many Stories) – any guesses what kind of politician Gilani has turned out to be?
After the 2008 general election, many wondered why exactly Gilani was selected by Zardari: because he would be a strong prime minister or because he would be a pushover prime minister? At the time some had, perhaps naively, suggested Gilani had the capability of being either. After all, he had resisted Benazir’s demands to use strong-arm tactics against the opposition when he was the National Assembly speaker in the mid-1990s. And he had suffered years as a political prisoner under Gen Musharraf rather than splitting from the PPP. Which is perhaps why the day after Gilani’s election as prime minister, one commentator wrote: “Gilani himself sets the limits of what he will and will not do.”
Nearly four years later, has he? If anything, the problem with this prime minister is that he’s good for absolutely nothing but being used by others. Charlatanism of some degree is indispensable to effective leadership. But Gilani has been religiously consistent in who he is: a pushover. Yes, President Zardari has used him again and again to get through political crises of all sorts. But what use is he outside the universe of political wheeling and dealing – where the economy is a gigantic mess, the security situation fragile, at best, and governance absolutely beside the point for the government?
Yes, Gilani has a special knack for starting near where he thinks the opponent is – at the fifty-yard line – and then moving closer to his position, and that has helped pull the government out of many a political crisis. But what does that mean for the poor, hungry, unemployed voter who doesn’t have electricity or gas, health or education, protection or justice?
Maybe, Zardari gets this now, and hence all the mutterings about a change of guard? Especially with Javed Hashmi and Shah Mehmood Qureshi both joining Team Imran, Gilani isn’t much use in Multan either. And he seems to have burnt all his bridges with the army also. Sp, why keep him at all, especially when his greatest quality – an instinctive subservience to the ends of others – has become redundant?
(From News International)
© 2011, Mehreen Zahra-Malik. This article may not be reproduced in any form without providing an active attribution link/ reference to The Pakistan Forum. All attribution links within the article must also be retained.