Summary of Pakistan in 2 and a half minutes

Pakistan is not all about bombs, terrorism, poverty and all. The video below shows us another aspect of Pakistan which perhaps hasn’t been seen by many.

 

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Shaukat Tarin resigns from the federal cabinet

Reports of his resignation had already been circling around the media during the past couple of months but now it has been officially confirmed: Shaukat Tareen has tendered his resignation to the Prime Minister.

Talking with Geo News, Shaukat Tareen told that he has resigned and sent his resignation to the prime minister.
He said that he always worked on principles and has resigned for the principles. Now, he wants to focus on his business.

Shaukat Tarin had been taking steps to curb corruption in various departments and impose taxes on the rich and powerful, however I believe that these elements didn’t let the minister perform his duty and thus the resignation. I have no idea what the government is up to. Of course, when a thief is heading the government, this is what you can expect.

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Govt Vs Judiciary: Who Stands Where

Usman Manzoor of  The News enlightens us of the legal arguments in favor of the government and counter arguments in favor of the SC, in the ongoing tussle between the executive and the judiciary which erupted when the SC suspended a notification by President Zardari, appointing Chief Justice Lahore High Court Justice Khwaja Sharif as a judge of the Supreme Court while elevating Justice Saqib Nisar, senior judge of the LHC as acting Chief Justice of the High Court.


By Usman Manzoor

While the government is keeping mum over its failed adventure to subdue the country’s independent judiciary, only a few constitutional and legal experts are trying to defend the government’s action.

Only a respected jurist Fakhruddin G Ebrahim had the courage to immediately correct himself, after issuing an ill-informed interpretation. For the guidance of readers, the arguments generally being presented to defend the government are as follows. The Constitutional position is also given below:

Arguments in favour of government:

1. The president has powers to appoint judges of the SC under Article 177 of Constitution.

2.The president has consulted the CJ as written correspondence was done with the head of judiciary.

3.The govt has followed the rule of seniority as mentioned in the Al-Jehad trust case while appointing Justice Khawaja Sharif as judge of the Supreme Court.

4. The consultation of CJP is not binding on the president.

5. The president can appoint acting CJ of a high court under section 196 of the Constitution without consulting the CJ.

6.What was the necessity of suspending the presidential notification so late in the evening?

7. We acted according to Constitution and the law.

The response

1) Article 177 (1) says: The CJP shall be appointed by the president, and each of the other judges shall be appointed by the president after consultation with the chief justice.

The consultation of the CJ is mandatory as mentioned in Article 260 of the Constitution which says “consultation” shall, save in respect of appointment of judges of the SC and High Courts, mean discussion and deliberation, which shall not be binding on the president.

2) A mere correspondence does not mean consultation but in fact the recommendation of CJP regarding appointment of a judge in the SC has to be followed as it is and if the president has any objection then he has to mention those reasonable objections. Those objections are then justiciable in a court of law and once the court passes an order then that order is the final verdict.

The Al-Jihad trust case states: “The words “after consultation” employed inter alia in Articles 177 and 193 of the Constitution connote that the consultation should be effective, meaningful, purposive, consensus-oriented, leaving no room for complaint of arbitrariness or unfair play. The opinion of the CJP and the CJ of a High Court as to the fitness and suitability of a candidate for Judgeship is entitled to be accepted in the absence of very sound reasons to be recorded by President/Executive.

(xiii) That since consultation for the appointment/confirmation of a Judge of a superior Court by the President/Executive with consultees mentioned in the relevant Articles of the Constitution is mandatory, any appointment/confirmation made without consulting any of the consultees as interpreted above would be violative of the Constitution and, therefore, would be invalid.”

3) The appointment of a judge of a Supreme Court is a fresh appointment and neither the constitution nor the Al-jehad trust case or any other judgment speaks of seniority rule while elevating a judge of a High Court to the SC. Even in the present SC eight out of the total 16 (including one ad hoc judge) have never remained chief justices of the high courts.

Article 177 says: “Appointment of SC Judges.

(1) The CJP shall be appointed by President, and each of other Judges shall be appointed by President after consultation with the Chief Justice.

(2) A person shall not be appointed a Judge of the SC unless he is a citizen of Pakistan and;

(a) Has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including a HC which existed in Pakistan at any time before the commencing day); or

(b) has for a period of, or for periods aggregating not less than fifteen years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day).” There is no mention of seniority in this article.

4) The consultation regarding the appointment of judges of the superior judiciary is binding on the president according to Article 260 of the constitution which says, “Consultation shall, save in respect of appointments of Judges of the Supreme Court and High Courts, mean discussion and deliberation which shall not be binding on the President”.

The word save here means except or to avoid.

5) The Al-Jehad trust case clearly mentions, “That permanent Chief Justices should be appointed in the High Courts where there is no permanent incumbent of the office of the Chief Justice”. Therefore Justice Saqib Nisar could never be made acting CJ.

6) A similar situation had occurred on the eve of November 3, 2007 and an eight-member bench of the SC passed a verdict setting aside the emergency rule late that Saturday. And in the interim order of Feb 13, the learned judges of the SC have mentioned, “The Additional Registrar, who appeared on Court’s call, informed the Court that a news was telecast in the electronic media regarding the aforesaid notifications and it was also in the news that Mr. Justice Mian Saqib Nisar would be administered oath by tomorrow morning (Sunday), which necessitated the hearing of this case as an urgent one and this Bench was constituted”.

7) the Al-jehad trust case and the constitution was already there and the Supreme court also interpreted it.

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Zaid Hamid, A Hatemonger

Ghazala Minallah from Islamabad sent the following letter to a local English language daily, urging the government to take action against hatemongers like Zaid Hamid.
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“There are a lot of tongues wagging these days about Zaid Hamid. With his western dress, red cap and a modern singer and dress-designer on stage to try and convey that he’s not an extremist, I am afraid every word he utters reeks of extremism. He is addressing the youth of this country, and considering what the nation is going through already, he is preaching hatred and violence. He talks of the Muslims of Pakistan being the ‘chosen’ race.

That the survival of Islam is in their hands, and that they must prepare to conquer Delhi and Israel. He preaches arrogance and contempt for all other religions and races. He ridicules democracy and there are blatant pro-army undertones. He distorts Muslim history and speaks of Gen Zia with reverence. He twists Iqbal’s poetry and the Quaid’s ideology to give credibility to his anti-state propaganda. He mentions the coming of a leader and whether this saviour comes through the use of force by the army or through a religious uprising, ‘we’ (they) would welcome ‘him’.

You don’t need to be a rocket scientist to know who is pulling Zaid’s strings. If he is a true patriot and had an ounce of compassion for this country he would be preaching peace, tolerance, respect for the rule of law and the constitution. In fact, he preaches the total opposite. He reminds me of the FM broadcasts by Fazlullah in Swat who used religion to win over the illiterate masses. And what did the state do while this was going on? Nothing at all; and the rest is history. Let us not make this ridiculous mistake again. I urge every patriotic Pakistani, in particular the youth, to only use their commonsense. I request everyone to read the last speech our Holy Prophet (PBUH) made after the conquest of Mecca. And I urge everyone to study the ideology of Mr Jinnah.

As a concerned citizen I want to know why such anti-state elements are not tried for treason, and also why such rubbish is being promoted by the media. And before anyone mentions ‘freedom of expression’, let me clarify that even in countries with a good track of fundamental rights, such rhetoric would not be protected. Those who protect and patronise such elements need to be questioned as well.”
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Very well put by Ghazala, also do check out my post on Zaid Hamid. I would welcome your comments on Zaid Hamid who has indeed been able to build a huge following, but what is his agenda ? My main beef with Mr. Zaid is that he talks against the state, apart from spreading hatred against other nations… and the government, media have given him a free hand.

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US Defense Secretary Admits Blackwater Present in Pakistan

The U.S. has finally admitted that the highly controversial private security company ‘Blackwater’ is indeed present in Pakistan. The U.S. Defense Secretary, Robert Gates, in an interview to a local news channel confirmed that Blackwater is operating in Pakistan.

Hats off to Robert Gates for exposing Rehman Malik, who repetitively stated that no such company by the name of Blackwater/Xe is operating in Pakistan and further went on to say that he will resign if anyone proves their presence.

Now that the Defense Secretary himself has confirmed their presence, will Rehman Malik resign ? Quite frankly, like his colleague, Minister for Water & Power, Raja Pervez Ashraf never resigned, I don’t think he will resign either, unless he is kicked out of the job.

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FIA: Protecting the corrupt of Pakistan

According to a report in The News daily, “The Federal Investigative Authority secretly helped the main accused in Pakistan Steel Mills case, now being heard by the Supreme Court, to run away from Pakistan although she was on an FIA watchlist and had to seek prior permission from the SC to leave the country.”

The FIA’s watch list was abolished a day before Sabin Sakina, accused director of Abbas Steel Mills and daughter of Riaz Laljee, a close friend of one of the top personalities in Islamabad, flew to the UK under official protocol provided at the Islamabad International Airport.

The staffers of an important minister escorted Sabin to the Rawal Lounge, reserved for VIPs, in connivance with FIA officials on duty.The watch list carrying her name was abolished on December 3 and she fled by the night of December 4. The action was so secretive that the then DG FIA remained in the dark about this clandestine operation for several days, an official privy to details said.

How do we expect our country to progress when our law enforcement agencies are promoting and protecting corruption in Pakistan ? Will the Supreme Court kindly take suo moto notice of this serious development ?

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More suicide attacks coming up next week: TTP

Terrorism in the country has come to such an extent that the terrorists are openly warning of more attacks and even disclosing their next targets… tells us about the confidence these people have.

PESHAWAR: Claiming responsibility for the suicide bombing on the main Ashura procession in Karachi, senior Taliban commander Asmatullah Shaheen on Wednesday warned of a fresh wave of attacks across the country in a week.
He claimed the suicide bomber, Hasnain Muawia, reached Karachi a day before the suicide attack and was especially trained to target the Ashura procession. Asked why the TTP decided to target the Ashura procession in a distant place like Karachi, Asmatullah Shaheen said the decision was taken by the Taliban Shura for the protection of the honour of the companions of the Prophet Muhammad (Peace Be Upon Him).

The Taliban commander threatened that a new wave of suicide bombings would be unleashed across the country in the next week. He said the government installations and security forces would be specifically targeted

Which brings me to the question, have all these military operations against the militants been of any help to us ? I have nothing against the army, I salute the army personnel who have given their lives, fighting in such a harsh terrain while the government tries to take all the credit. But just take a look around you, have these military operations increased or decreased the number of terror incidents in the country ?

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