Former SC judges call for neutral EC and rejects Musharraf ,s Amendments

Six former judges of the Supreme Court of Pakistan out of which five have also been Chief Justices of the Sindh High Court have demanded the re-constitution of the Election Commission of Pakistan before General Elections 2008 in agreement with all political parties. Addressing a press conference Tuesday at a local hotel, four of them - Justice Saeeduz Zaman Siddiqui, Justice Nasir Aslam Zahid, Justice Khalilur Rahman Khan and Justice Kamal Mansur Alam – announced that they have formed a Committee for the Rule of Law (CRL), keeping in view the prevailing scenario in the country. They held a meeting in Karachi Monday and considered the constitutionality and the impact of recent amendments made in the Constitution of 1973 by President Pervez Musharraf. After careful consideration, we rejected the constitutional amendments and reiterated our position that any individual, however powerful he may be, has no right to amend the Constitution and that Parliament alone has the authority to do this, they said. They clarified that the only power given to the Supreme Court under the Constitution is to interpret and declare what a particular provision of the Constitution or the law means. The amendment of the Constitution by an individual, therefore, is nothing but an act of usurpation of power of Parliament which cannot be justified on any known principle of jurisprudence. The judges also reiterated their earlier rejection of Gen. (retd) Musharraf’s alleged suspension of the Constitution under the garb of a Proclamation of Emergency, emphasizing that no court, authority or person has any right or jurisdiction to suspend the Constitution. The judges urged political parties not to undertake or validate any of the actions or legislative instruments of Gen. (r) Musharraf done or promulgated since November 03, 2007. The unauthorized amendments to the Constitution, the judges said, have robbed the ongoing process of elections of their credibility. Later, in informal question-answer session, they said that CRL was formed for to establish the rule of law and supremacy of Constitution of Pakistan. To another question, they said that judges removed under PCO-1 of 2007 are still judges, therefore no question of their inclusion in the CRL arises. ar qureshi

Top Of The list....Musharraf and Choudries Pakistan

The latest Global Corruption Barometer, released by the Berlin-based corruption watchdog, Transparency International (TI), places Pakistan at seventh place from bottom on a list of 60 countries ranked on the basis of corruption. The bribes people needed to pay to obtain services that should be available to them free of charge was one of the focal points of the study. As such, the Barometer also addresses the issue of the insidious, petty corruption that people in many countries, including Pakistan, must deal with on a regular basis. While the issue of larger-scale, political corruption has generated considerable national discussion, and has been the topic of heated debate, the dishonesty that exists at the lower levels of the system has perhaps not attracted the degree of attention it deserves. In Pakistan, 44 per cent of respondents surveyed for the study reported paying out bribes. This number compares favourably with that for the Cameroons, where 79 per cent said they had paid out such sums. But before we begin congratulating ourselves on finishing ahead of several countries including Nigeria, Albania, Kosovo and Macedonia on the list, all Pakistanis, and particularly those who play any part in governance or hope to do so in the future, must note that Pakistan fares worse than all its South Asian neighbours, and indeed is, apart from the Philippines which finishes just behind it, the only Asian country included in the bottom ten countries on the list. The general finding that the police department was perceived as the most corrupt of all will also come as no surprise to Pakistanis, particularly those unfortunate enough to have been forced in any way to deal with the police set up at the lower tiers.The findings released by TI come as a reminder that Pakistan still has a long way to go to overcome the curse of corruption, which plagues it at many different levels. Whereas the country had climbed several significant rungs up from the bottom on the corruption ladder during the early years of the current decade, it has, since then, slid down once more. Various studies on the phenomenon of corruption, including academic investigations by Nobel Laureate Amartya Sen, have noted that the small-scale corruption which exists within systems is often the hardest to eradicate, but is also the kind of corruption that has the biggest impact on the lives of ordinary people. This is easy to understand if one thinks of the bribes paid out regularly by so many individuals -- to have faulty telephone lines fixed, to have land registrations completed, house plans passed or simply to obtain a driving licence or other document.Because of the scale of its impact, there is a need to place it on a higher priority as an issue. This is both because an improvement in the situation, perhaps by studying how other countries at the same developmental level are able to avoid it on the same scale, would save Pakistan the annual ignominy it suffers when TI releases its list and also spare many people the nuisance and unnecessary waste of much-needed cash resources that come with bribery in all its many forms.

Lie in Action ...Irfan Bukhari......the Nation

She was fulminating on the organisers of the workshop and according to her it was an extravaganza on public exchequer with no fruitful results while having a chunk of pineapple cake in one hand and a cup of sizzling coffee in the other.Dressed up to nines she, a human rights’ activist, was participating in the event at the organiser’s sponsored air ticket and also enjoying an executive suit in a four star hotel of the capital. Speaking English in an artificial accent she said, “ These NGOs in collaboration with international donors and Pakistani ministries are serving nothing at grass root levels. They just deliberate and debate in cold, cosy halls and waste huge amount of money”.She was insistently flaying the trend of conducting seminars and workshops. Taking a bite of sandwich, she noted that she had grave concerns over the culture. She is not alone in criticising the holding of indoor moots. In every such event you would have observed such kind of cognitive dissonance theory stricken ladies and gentlemen. They feel no hesitation in receiving air fares, enjoying tranquil sleeping rooms, sitting in the front rows in a bid to get limelight in media, raising questions and suggesting advices in ‘You Know’ replete English, playing fork and knife at dinning tables, making new friends, shaking hands with ministers and getting certificates. Then why, why they harshly criticise the whole process? Do they want to satisfy their inner selves? Do they desire people’s attraction? Do they want to exhibit their loyalty towards the nation & country? Don’t they have anything else to say to register their contribution in the conference? Are they habitual critics? And in the end has the culture of hypocrisy taken roots so deeply into our national character?May be all such factors play a role to some extent but one thing is dead sure that hypocrisy has emerged as our common habit. We abhor America but dream to get its visa. We condemn corrupt politicians but always cast vote for them. We lambast child labour but employ them to serve in our homes. We dislike dictatorship but not support pro democracy movements by heart and soul. We wish rule of law but do not feel reluctant in violating it. A man or woman when says that such seminars can not introduce any remarkable change in incumbent scenario, he or she must also tell the feasible way to resolve the knots. If they are sincere in their criticism they should not attend such events to be loyal with their own conviction. Abraham Lincoln once said, “He has the right to criticise who has the heart to help”. If critics can do some thing marvellous at the ground then what bars them to do so. “ Hypocrite is man who complains that there is much vulgarity on TV nowadays”, said some anonymous and he said very well. If the critics of seminars and workshops take it as a mere waste of monetary resources then why they become the partners in crime? In the end a quote of Robertson be remembered that notes, “ There are three things in the world that deserve no mercy: hypocrisy, fraud and tyranny”.

Abbi Na Rukna

Observe december 10 ,as a Black day

The Human Rights Commission of Pakistan calls upon all members of civil society to observe the Universal Human Rights Day as a "black day". The worst human rights abuses, in the history of the country, were recorded in 2007. The rights of ordinary people have been violated by the government with impunity. More than 400 people have been picked up by security forces and many remain missing. The Musharraf regime obstructed the Supreme Court in providing justice to those who remain disappeared, as well as those who recorded their statements of having suffered extreme forms of torture at the hands of the security forces. Reports of torture, threats, intimidation, and arbitrary arrests run into thousands. Incidents of extrajudicial killings continue to be reported but never investigated.The situation has now reached alarming proportions. The coercive apparatus of the State are being blatantly used against all sections of civil society. The media is chained and free expression censured. Thousands of lawyers, journalists, students, teachers and human rights activists were arrested. A number of them remain incarcerated under deplorable conditions. Lawyers and others have been accused of offences falling under the Anti-Terrorism Act. Thirty-five judges of superior courts have been put under house arrest. The family of the Chief Justice of Pakistan is also confined to their residence. This is unprecedented.The rights of the people are being usurped on the pretext of curbing terrorism. It is the people who are suffering terrorism; both at the hands of non-state militants and state agents. The government has failed to bring militants to justice or to disarm them. On the contrary, at several occasions, the government and its agents have patronized or in the least, ignored criminal acts carried out by militants acting in the name of Islam.HRCP warns that the claim made by Musharraf of moving towards a transition to democracy is a total farce. The assertion is yet another smack on the face of the people of Pakistan. Amendments to the Legal Practitioners and Bar Council Act as well as the Army Act are only a few examples of the government's grand plan to subjugate the spirit of peaceful members of civil society. Much more is to follow.HRCP, along with other civil society groups, will organize a black day on the 10th of December. Black flags and bands should be displayed on this unworthy occasion. In order to record the laudable struggle of the legal fraternity of Pakistan HRCP will award the best documentary film made on this movement. All entries are to be submitted by 30 June 2008.Asma JahangirChairperson Human Rights Commission of Pakistan

Nine dead in Nebraska shooting

A 19-year-old man opened fire with a rifle inside a shopping centre crowded with Christmas shoppers in Omaha, Nebraska, on Wednesday, killing eight people and then himself, police said.
Five people were wounded in the rampage at the Westroads Mall, two of them critically, according to hospital spokesmen.
Police said the mother of the gunman brought them a note that was "suicidal" in nature. KETV, a local television station, identified the man as Robert Hawkins.
Witnesses said they hid in bathrooms, closets and under racks of clothes, some praying as an estimated two dozen shots rang through the centre.
The gunman shot one man in the head from a third-floor balcony and others at point-blank range, witnesses said. Some of the victims were waiting in line to get Christmas presents wrapped at Von Maur, an upscale department store.

The case for and against a boycott.... Bilal Hassan Minto

In speculating about how the present turmoil in Pakistani politics will settle, many commentators have laid a lot of importance upon the US factor. One common refrain is that since its war on terror the US has all its eggs foolishly placed in just a single basket called Musharraf, it wants him to continue to be in charge of this Islamic Republic. The trouble with this is that, as soon as Martial Law is lifted, Musharraf will become an ordinary civilian president with only Article 58 (2) (b) of the constitution available for use against a future government. It is unlikely that this power to dissolve the Parliament is all that the US, and Musharraf himself are counting on for arm-twisting the next government. Two other possibilities may therefore be under consideration by our American masters. First, to transfer some of their eggs to another basket, namely a weak, but elected government which will work with a weaker than before Musharraf so that the two can dance to the US's tune with the possibility of one being used against the other if need be. The second is that before he lifts Martial Law, but after the last date for withdrawal of nomination papers (December 14), Musharraf will make sweeping amendments to the constitution giving himself huge powers and secure his place as the US's indispensable ally. If making further amendments to the constitution that give Musharraf more powers is a possibility -- and given his love of power, it certainly is -- the political parties not boycotting the elections need to rethink their decision. It must be understood that Musharraf does not need a future parliament to ratify any amendment that he has or may still make in the constitution. His Supreme Court has already given him the authority to amend the constitution without requiring that such amendments be approved by the next parliament. While it is true that the Supreme Court has laid down some parameters within which they may be made, a challenge to these amendments on the ground that they are outside those parameters will again come for decision before this, same Supreme Court. Its likely decision is anybody's guess. How then, do the parties going into elections, expect to undo these amendments or other laws (which could well include a repeal of the NRO) when by all forecasts none of them is expected to get even a simple, let alone two third majority in Parliament? Not only will those who form a coalition government be unable to undo any of Musharraf's doings, with Article 58 (2) (b) and our intelligence agencies in attendance, they will also be especially vulnerable to threats of destabilization. And where will these parties go to protest the massive rigging that they know will take place? By contesting elections --whether under protest or otherwise -- they would have accepted the entire body of the law under which elections take place. The phrase "participation under protest" is not recognized by these laws and withdrawal from elections or boycott means nothing if nomination papers have not actually been withdrawn. Also, under these laws, challenge to the validity of an election can only be brought before "election tribunals" which comprise of the existing PCO High Court judges. As it is, election cases take ages to conclude. Add to this, the fact that these courts will not be in a hurry to decide a charge of rigging against Musharraf's electoral machinery and there you have it: a sure shot delivery of justice in a decade or so. Going to the election tribunals not being an option, would these parties be able to launch agitation? Today, even though their credibility with the people is low, they are being urged -- by lawyers, by growing number of students, by journalists, and by what exists of civil society -- to boycott and start a movement which these groups will lend support to. These parties are being told that now is the time for a movement and that the protests started by these groups will soon dwindle if left on their own. While these groups are still sustaining their protests, no party has joined them on a single occasion save for a photo session at the Press Clubs. The possibility of launching a post-election agitation when these groups and a cynical populace would have become even more cynical and mistrusting of these parties because of their participation in the elections, is, very slim. One argument against boycott is that it will give the establishment a free hand to install their handpicked people in government. That is stating the obvious but it is hardly an argument. The point of boycott is not just to boycott and then sit at home waiting for someone to take notice, sympathise and come to rescue. The point of boycott is, firstly, to take away the election's legitimacy and secondly, to mobilize a movement to force the establishment into conceding that the only elections acceptable are those that are held under the dispensation that existed on November 2. This is not the Zia era of 1985. Musharraf's power today is considerably less than what Zia's was then. A few thousand lawyers thinned out over the whole of Pakistan were able to sustain a movement for over four months that eventually gave the judiciary the confidence to throw out Musharraf's reference against the Chief Justice at a time when he still ruled strong. But it appears that despite the fact that Musharraf is much weaker today and despite the ready made support that lawyers and civil society are willing to lend them, the political parties are not confident and afraid to even attempt to launch a movement. Perhaps they are only worthy of the kind of elections they are about to get. The political parties are being urged to adopt a politics of "reconciliation" by those who would like the coming farcical elections to be perceived as "legitimate". It is not entirely clear as to what this rhetoric means other than an invitation to do deals and become part of an unstable future governmental set up acceptable to the establishment. It is even more unclear as to how one reconciles with a whole scale massacre of the judiciary, arbitrary mass arrests and detentions, a media gag denying freedom of expression and information, or a dictator's tampering with the constitution. Politics that entails reconciling with all of this is just what the political parties need to adopt if they wish to lose even the last iota of the little respect and credibility they may still have in the eyes of the people. The writer is an advocate of the Supreme Court of Pakistan currently wondering whether he will continue to practice or not.

US HR activists ordered out of Pakistan

Authorities have ordered two US human rights activists out of the country after they held a vigil to protest against the detention of an opposition lawyer, one of the activists said on Wednesday. Security officials picked up the two, Medea Benjamin and Tighe Barry, in Lahore on Tuesday and held them for several hours before ordering them to leave the country and releasing them. "They are revoking our visas and instructed us to leave the country today," Benjamin, an activist from the Code Pinkanti-war group, told Reuters by telephone from Lahore. Benjamin said authorities had given no reason for deporting them: "They said in an emergency, they did not need to give a reason for their actions." "If they can do this to a US citizen who has all kind of liberties and rights, imagine what they can do to their own people," she said. "This action shows there is no democracy. There is dictatorship. They wanted to terrorise us." "In such a situation, you cannot expect a free and fair election," said Benjamin. She said she would stage protests outside the Pakistani embassy in Washington.

Shameless Fazal Rehman

JUI-F will participate in the January 8 general elections even if a consensus is developed on 'charter of demands' and Benazir Bhutto announces a boycott, party insiders told The News. "There is no option but to contest the polls irrespective of whatever is the outcome of the CoD committee," JUI-F sources quoted Maulana Fazlur Rehman as telling his party stalwarts just before an eight-member opposition body met consecutively for the second day here. These sources said the JUI-F has to move forward without focusing on the basic question of restoration of deposed jud-ges. "The restoration of the judges can be one of the demands but it cannot be a condition for taking part in the polls," a party source told The News.

PBC to continue boycott of PCO judges

The Pakistan Bar Council on Wednesday reiterated its resolve to continue a complete boycott of the PCO judges in the Supreme Court and the High Courts till the restoration of the deposed judges. It also announced holding of protest rallies across the country every Thursday within and outside the bar and court premises. The council unanimously decided that the legal fraternity would remain steadfast in its struggle against emergency and the PCO and sacking of the superior court judges. The decision was taken unanimously during a meeting of the Lahore High Court Bar Association, Lahore, which was presided over by Mirza Aziz Akbar Baig, vice-chairman, Pakistan Bar Council. Office-bearers of the Supreme Court Bar Association and representatives of the provincial bar councils and presidents of the high court bar associations from across the country attended the meeting. The meeting reviewed the current situation in the aftermath of the imposition of emergency and the PCO and evolved the future course of strategy regarding the lawyers' ongoing movement/protest. It was unanimously decided that the lawyers would continue complete boycott of the PCO judges in the Supreme Court and the high courts and would observe one-hour strike in the subordinate courts everyday. The meeting resolved that from now onward, the lawyers would also observe complete strike and boycott of subordinate courts every Thursday when they would also hold protest meetings and take out rallies/processions within and/or outside the bar and court premises. The meeting appealed to all the political parties, human rights organisations, professional bodies, members of the civil society and student organisations to organise rallies and processions every Thursday to protest against emergency and the PCO and to demand immediate restoration of the chief justice of Pakistan and the judges of the superior courts who had refused to take oath under the PCO. The meeting condemned the sealing and locking of the office of the Supreme Court Bar Association in the Supreme Court Registry building, Lahore, by the administration of the Supreme Court and warned that such measures would not deter lawyers from their struggle for the rule of law, the supremacy of the Constitution and restoration of the judiciary as it existed before November 3, 2007. The administration of the Supreme Court was, therefore, called upon to unlock the office of the SCBA forthwith, giving free access to office-bearers of the SCBA and advocates to the premises. The participants of the meeting condemned the government for retiring all those judges of the Supreme Court and high courts who had refused to take oath under the PCO, as well as their eviction from their official residences. They termed the the government action without any lawful authority. The meeting condemned the extension in the period of detention of Aitzaz Ahsan, President, Supreme Court Bar Association, Justice (retd) Tariq Mahmood, former president, Supreme Court Bar Association, Hadi Shakil Ahmed, President, High Court Bar Association, Quetta, Baz Muhammad Kakar, President, Balochistan Bar Association, Quetta, and imprisonment of Ali Ahmed Kurd, member, Pakistan Bar Council, and its former vice-chairman and demanded their immediate release. The meeting was attended by Qazi Muhammad Anwar, chairman, executive committee, besides members of the Pakistan Bar Council including Safirullah Khan, Ch. Muhammad Ashraf Wahlah, Sardar Muhammad Latif Khan Khosa and Muhammad Ahsan Bhoon, President, Lahore High Court Bar Association. Other members of the PBC who attended the meeting included Syed Qalb-i-Hassan, Muhammad Ramzan Chaudhry, Hamid Khan, Muhammad Kazim Khan, Asrar-ul-Haq Mian, Rasheed A. Razvi, President, Sindh High Court Bar Association, Karachi.

Oath For Candidates... Aithezaz Ahsan the Great

I, ___________________ s/o ____________________ candidate in constituency No. ______ to the ________________________ Assembly do hereby solemnly take oath and swear in this ______ day of __________, 2007(8) that in case I am elected in the forthcoming elections, I will devote all my energies, powers privileges, rights and authority, (including the privilege to move and initiate legislation/amendments/motions/resolutions and the right to vote and/or to speak) and exercise them at once from the first available opportunity after taking oath, so as to ensure that the Supreme Court and the High Courts revert completely to their status as on November 2, 2007, and that none of the judges of the Supreme Court and the high courts of the provinces are in any way impeded from performing the functions of their respective offices by any person, authority or any purported law in the shape of any PCO or any other proclamation by whatever name called and for that purpose to do all in my power and authority till such time as I am member of the Assembly.

An Unavoidable Struggle

Aithezaz Ahsan

Chaudhry Aitzaz Ahsan (born on September 27, 1945, Murree, Islamabad Pakistan) is a Barrister-at-Law by profession and a senior advocate at the Supreme Court of Pakistan. He is also a writer, human rights activist, politician, former Federal Minister for Law and Justice, Interior, Narcotics Control (1988-1990) and Education. Elected to the Senate of Pakistan in 1994, he eventually succeeded as the leader of the House and the leader of the Opposition between the years 1996 and 1999. Currently he is president of the Supreme Court Bar Association.
In the wake of 9 March events in Pakistan, barrister Aitzaz Ahsan has become a sign of resistance to anti-democratic moves. His eloquent speeches and his command over Pakistani law make him one of the most recognizable politicians of today. Aitzaz Ahsan is also an active member of Pakistan Peoples Party.Aitzaz Ahsan comes from a family background steeped in politics. He received his early education from Aitchison College and the Government College, Lahore. Later he studied law at Cambridge University, UK and was called to the bar at Grays’ Inn in 1967. Aitzaz
Upon his return from Cambridge, Aitzaz Ahsan appeared for and stood first in Pakistan's prestigious Central Superior Services (CSS) examination. Objecting to the rule of General Ayub Khan, however, he refused to join government service during the time of military rule. This act of youthful defiance made him the first, and perhaps only, individual to top the CSS exam yet decline government service.
Aitzaz Ahsan started his political career in the 1970s. When Chaudhry Anwar Samma, a PPP MPA from Gujrat, was murdered in March 1975, Aitzaz Ahsan was elected, un-opposed to the Punjab Assembly and inducted in the provincial cabinet. He was given the portfolio of information, planning and development.
During the PNA demonstrations against the alleged rigging of elections by the PPP government in 1977, the police opened fire on a lawyers rally in Lahore. Aitzaz, who was a provincial minister in the Punjab Cabinet at the time, resigned in protest. He was subsequently also expelled from the People's Party for this act of insubordination.
After General Zia's coup, Aitzaz became an active leader of the Movement for the Restoration of Democracy (MRD), and rejoined the Pakistan Peoples Party during the martial law period. During this period he was jailed several times as a political prisoner without trial for active participation in the MRD movement.
In 1988, Aitzaz Ahsan was elected to the National Assembly from Lahore as a a People's Party candidate. He won reelection in 1990, but lost in 1993. In 1994 he was elected to the Senate of Pakistan. He was reelected to the National Assembly as a Peoples Party candidate in the 2002 General Elections, when he won from two seats - his traditional seat in Lahore, as well as from Bhawalnagar in Southern Punjab.A senior advocate in the Supreme Court of Pakistan, Ahsan is a well respected Pakistani lawyer, consistently given the highest rank by Chambers and Partners ranking of legal professionals. He also made legal history of sorts by having defended two Prime Ministers in the court of law. Having previously fought cases in defence of Ms Bhutto in 2001 he took up a case in defence of former prime minister Nawaz Sharif.
During his most recent tenure as a member of the National Assembly of Pakistan he was a member of the Standing Committee on Interior and the Standing Committee on Public Accounts.
Chief Justice case: Recently Barrister Aitzaz Ahsan successsfully represented Chief Justice of Pakistan, Justice Iftikhar Muhammad Chaudhry's case in the Supreme Court of Pakistan. The hearing was being conducted by a full panel of judges headed by Justice Khalil-ur-Rehman Ramday, and the 13-member panel reinstated the Chief Justice declaring his suspension by Pervez Musharraf regime "illegal."
Human rights activist:He is also an indefatigable human rights activist and a founder & vice-president of the Human Rights Commission of Pakistan. He has been incarcerated under arbitrary detention laws many times by military and authoritarian regimes. During one such prolonged detention, he wrote The Indus Saga.
During Emergency: Aitzaz Ahsan was arrested soon after the declaration of emergency/martial law. youtube video 1 youtube video 2/. There have also rumors that he is being kept in solitary confinement and bring tortured. Recently, 33 US Senators wrote to President Musharraf to release Barrister Aitzaz Ahsan immediately, as he is widely respected all around the world.
Literary Contribution:Possessing a literary penchant, he has also authored the book “The Indus Saga and the Making of Pakistan” and its Urdu translation, “Sindh Sagar Aur Qyam-e-Pakistan” which presents the cultural history of Pakistan. [3]
He has also co-authored the book "Divided by Democracy" with Lord Meghnad Desai of the London School of Economics.

Notification issued for retirement of defiant judges

The Federal ministry of Law has issued the notification for retirement of 24 High Court judges who did not take oath under the Provisional Constitutional Order (PCO).Those judges who stand retired as per the notification included 12 judges of Sindh High Court (SHC), 10 judges of the Lahore High Court (LHC) and two judges of Peshawar High Court (PHC). Sindh High Court’s Justice Ahmed Hussain Jaffery, Justice Khilji Arif Hussain, Justice Amir Hani Muslim, Justice Gulzar Ahmed, Justice Maqbool Baqar, Justice Muhammad Athar Saeed, Justice Faisal Arab, Justice Sajjad Ali Shah, Justice Zafar Khan Sherwani, Justice Salman Ansari, Justice Abdul Rasheed Kalhwar, and Justice Arshad Siraj, while Lahore High Court’s Justice Khwaja Muhammad Sharif, Justice Saqib Nisar, Justice Asif Khosa, Justice Muhammad Tahir Ali, Justice Ijaz Ahmed Chaudhry, Justice M.A. Shahid Siddiqui, Justice Muhammad Jahangir Arshad, Justice Iqbal Hameed-ur-Rehman, Justice Muhammad Ata Bandial and Justice Shaikh Azmat Saeed have been retired, said the notification. Two judges from Peshawar High Court Justice Ejaz Afzal Khan and Justice Dost Muhammad were also included in the list of retired judges.

Mardan police ‘protecting’ army

The Frontier police have been deployed at the entry and exit gates of the Punjab Regiment Centre in Mardan to protect army personnel, as a military operation against militants is underway in Swat, Daily Times learnt on Monday.“Police have been deployed at the Punjab Regiment Centre’s gates to avoid any terrorist activity,” a police guard told Daily Times on condition of anonymity. “We have been here since last week to protect the military,” he added.The removal of army personnel and the deployment of police at the military centre have raised fears among the people of Mardan about any potential terrorist activity.“The police deployment at the military centre is of concern for everyone. I have never seen police guarding the army — the defenders of the country. Police are supposed to curb crimes and protect people, but they are guarding the army,” Muhammad Saeed, nazim of the Shamuzai union council, Mardan, said..On November 23, a bomb explosion at a CDs market near the Punjab Regimental Centre destroyed six shops, but no casualties were reported.The army had already closed all roads used by the military and private vehicles passing through the centre following the Dargai suicide blast that killed 42 army recruits and injured several others on November 9, 2006. Earlier, light vehicles and pedestrians had been allowed to travel through the regiment centre, as it was a shortcut to several areas of the city.The army has not only banned the entry of civilians to military mosques at the centre, but it has also restrained army personnel’s visitors from visiting various military centres in the province.The Pakistan Army is currently undertaking a major operation in Swat against militants led by rebel cleric Maulana Fazlullah, who had been advocating jihad through his pirate FM radio station until it was recently shut down.

After America, Saudi Arabia now Turkey Too.?

Turkish President Abdullah Gul on Monday asked Pakistan’s leading political parties to show unity and focus on the country’s future.Speaking at a joint press conference with President Pervez Musharraf at Aiwan-e-Sadr, Gul said, “They (political parties) should look at the big picture and behave constructively. It is good for Pakistan.”“Pakistan is passing through a critical time... therefore, from this kind of critical period, all the leading teams should focus on the future of Pakistan,” added the Turkish president, who is the first international leader to visit Pakistan after proclamation of emergency on November 3.Domestic realities: Gul said democracy was not an isolated phenomenon and was linked with the domestic realties of a country. “Democracy is essential for sustainability of states, but at the same time, realities of a country should be taken into consideration,” he said. He urged the international community to recognise Pakistan’s role in the fight against terrorism and adopt a “constructive approach” towards it. He said Pakistan and Turkey, along with Afghanistan, were part of the trilateral peace jirga that sought to enhance cooperation in fighting extremism.Meeting good: Addressing the press conference, President Musharraf said Gul’s engagement with various party heads was a “good move”. “I know it is going to be positive and in the interest of Pakistan. When the president (Gul) meets these political leaders, they have to keep Pakistan’s interest foremost. My slogan is Pakistan comes first. My brother (Gul) is going to speak for Pakistan because his interest is in Pakistan and not in any individual or political party,” he said. Musharraf said people should look at the situation in the larger framework and national interests should govern political and personal issues.He said his meeting with Gul had covered a wide range of bilateral matters, including regional and international issues, war against terrorism and cooperation in defence production, economic and political relations. Musharraf said they discussed the restructuring of the Organisation of Islamic Conference, the importance of Pakistan’s location as a trade and energy corridor and the US-Iran nuclear standoff.Gul agreed with the president’s statements and said they had exchanged views on important issues including peace and security in the region. He said Turkey was a member of the OIC Kashmir Contact Group that was striving to find a solution to the dispute on the basis of international legitimacy. The Turkish president also said that he considers Pakistan as his second home, reported Online.Later, the Turkish president met with Caretaker Prime Minister Mohammadmian Soomro. Gul also visited the National Monument and laid a wreath there. He also planted a sapling at Shakarprian.Speaking at President Gul’s farewell banquet at the Aiwan-e-Sadr on Monday evening, President Musharraf called upon the world to show understanding of the gravity of challenges faced by the country and the steps taken by the government to avert instability, reported APP. He expressed the hope that the Turkish president’s visit would boost bilateral ties.Abdullah Gul, on the occasion, said Pakistan and Turkey’s friendship was unique in how it had stood the test of time. “Turkey and Pakistan have always stood together in confronting major challenges,” he said. He also appreciated President Musharraf’s idea of enlightened moderation.The Turkish president left on Monday evening after his two-day state visit. He was presented with a photo album of the two days he spent in the federal capital as a memento.

US ambassador denied meeting with Aitzaz

US Ambassador to Pakistan Anne W Peterson was not allowed to meet detained Supreme Court Bar Association (SCBA) President Aitzaz Ahsan at his residence on Monday. Talking to the media after her meeting with Mrs Aitzaz, she said she tried to get special permission to meet Aitzaz but it was not granted. She added she would try again to get permission in this regard. Later, Mrs Aitzaz giving details of her meeting with Peterson said that the ambassador expressed concerns over ongoing political unrest in Pakistan. "America is not appreciating these ongoing arrests and suspension of judges and Constitution," she quoted the US envoy. How free and fair elections could be held when political figures are under arrest, she said while quoting Peterson. Bushra further told the media that the US ambassador also condemned Musharraf for assuring the US that all detainees have been freed.

Benazir, Nawaz to boycott polls if demands not met

In a major development, the Alliance for Restoration of Democracy and the All Pakistan Democratic Movement on Monday night decided to give the government a ‘Charter of Demands’ to ensure free, fair and transparent elections in the country.“We have decided to present the Charter of Demands to the government. If the government accepts our demands, all opposition parties will participate in the elections, otherwise they will resort to boycott,” said former prime ministers Benazir Bhutto and Nawaz Sharif while addressing a joint press conference at the Zardari House here following a marathon meeting of the two alliances that lasted about three and half an hours.Makhdoom Amin Fahim, Raja Zafarul Haq, Mehmood Khan Achackzai, Liaquat Baloch and Hasil Khan Bizenjo were also present at the press conference. Earlier, Nawaz Sharif along with the APDM leaders arrived at the Zardari House and held the meeting with Benazir Bhutto to convince her to join the APDM decision to boycott the elections.At the press conference, Mian Nawaz Sharif announced that an 8-member committee would be constituted comprising Mian Raza Rabbani, Dr Safdar Abbassi, Naveed Malik, Abdul Qadeer Khamosh from the ARD and Senator Ishaq Dar, Ahsan Iqbal, Abdul Rahim Mandokhel and Professor Khursheed Ahmed from the APDM.“The committee has been tasked to start work from Tuesday morning and complete the Charter of Demands within two to three days so that it can be presented before the government,” Nawaz said.Benazir Bhutto said the ARD and the APDM discussed many points and agreed that the elections could not be free, fair and transparent under the present circumstances. She said Hasil Khan Bizenjo told the meeting that how in Balochistan pre-poll rigging has started as a few months back the government has taken the names from the ruling party for the appointment of returning officers of their choice in their constituencies.Replying to a question, Benazir said they did not want postponement of the polls. She rather stressed that the elections should be held on January 8. She said the Charter of Demands is being presented to the government to ensure that free, fair and transparent elections are held.Nawaz Sharif said the opposition did not want to boycott the elections but if the Charter of Demands was not accepted by the government, they would be forced to stay away from the polls. He said; “The rejection of my nomination papers exposed the ‘fairness’ of the elections.” He, however, added that he never gives precedence to personal matters over the national cause. Benazir said the government has accepted many of their demands such as fixing elections for January 8, announcing the date of lifting of emergency, and retirement of General Musharraf as chief of the Army staff. However, several issues remain unresolved as the (deposed) chief justice and other justices are still under arrest, Aitzaz Ahsan’s detention is extended, curbs on the media are still there and one of the biggest TV channels, Geo, is still not allowed to go on the air in the country. “These remaining issues are the reason that we have decided to forward the Charter of Demands to the government,” she added. When asked whether both the big parties would unite in the post-election scenario, Benazir said both the parties met for a joint step towards road to democracy and continue to take joint steps for the revival of democracy. “It was a major confidence-building measure between the two parties that will continue in future,” she added. She said if the elections were rigged, the people of Pakistan have the power to bring about an Orange Revolution like in Ukraine.Benazir said she told the APDM that if the opposition parties did not take part in the elections, the government would not need to rig the polls. She said to expose the government’s rigging plan they have to participate in the elections. The APDM, she said, briefed her on its apprehensions about the elections. Nawaz said they discussed post-November 3 developments. He said his party believed that the elections under the present government could not be free and fair.He said during the meeting, the PPP chief and he discussed the ins and outs of Charter of Demands which would be presented to the government. He said the government would be given a certain deadline to accept their demands.Nawaz said, “If the government fails to accede to our demands, we will be forced to think that the upcoming elections cannot be free and transparent and thus opt for boycott of the polls.” Both the former prime ministers opined that Pakistan’s nuclear assets are safer during democracy rather than dictatorship.

Should I not Doubt Fazal?

Secretary-General Muttahida Majlis-e-Amal (MMA) and JUI-F chief Maulana Fazlur Rehman agreed to show some flexibility in his stance on contesting the January elections.Following a late Monday night meeting with Nawaz Sharif, he told reporters here, “Before this meeting, my party was not part of the consultations to reach a consensus on the elections boycott but now we will wait for the Charter of Demands for which a committee has been constituted.” After a lengthy meeting with Benazir Bhutto, Nawaz Sharif reached the residence of Senator Talha at around 1 am to meet ex-opposition leader Maulana Fazlur Rehman. The Maulana maintained that the opposition parties should not go ahead with their plans to boycott the elections if the decision could harm these parties. “Our stance was that we can play a better role while remaining in parliament,” he said.He said the opposition parties should see that they do not suffer as they did after the 1985 elections. He pointed out that the main objective should be the restoration of the democratic process. To a question, he said his demand also included an independent judiciary and restoration of the judges.Nawaz Sharif told newsmen that he apprised Maulana Fazlur Rehman that elections could not be fair unless the judiciary was restored to pre-November 3 status. “We also apprised him that a Charter of Demands will be presented to him shortly,” he said.The former prime minister said he also told the Maulana that the government planned a mechanism for massive rigging during elections including transfer of officers and casting bogus votes to benefit the Pakistan Muslim League-Q.

What Else We Can Expect From U...(A Real Agent)

Muttahida Majlis-e-Amal (MMA) Secretary General Maulana Fazlur Rehman on Saturday refused to support the reinstatement of deposed judges of the Supreme Court and high courts including sacked chief justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry.Speaking at a ceremony hosted by the South Asian Free Media Association (SAFMA), Fazl said that he supported the independence of judiciary, but would not favour reinstatement of the deposed CJP and other judges, who had taken oath under a PCO in 1999. Fazl’s remarks created uproar in the hall, with a large number of participants shouting “Shame! Shame!”Replying to an angry participant’s comments that he wanted to become a deputy prime minister, Fazl said, “I want to become the prime minister. What do you mean by deputy prime minister?”

Bush handed blueprint to seize Pakistan’s nukes

The man who devised the Bush administration’s Iraq troop surge has urged the US to consider sending elite troops to Pakistan to seize its nuclear weapons if the country descends into chaos, The Guardian reported on Saturday. “In a series of scenarios drawn up for Pakistan, Frederick Kagan, a former West Point military historian, has called for the White House to consider various options for an unstable Pakistan. “These include: sending elite British or US troops to secure nuclear weapons capable of being transported out of the country and take them to a secret storage depot in New Mexico or a remote redoubt inside Pakistan; sending US troops to Pakistan’s north-western border to fight the Taliban and Al Qaeda; and a US military occupation of the capital Islamabad, and the provinces of Punjab, Sindh and Balochistan if asked for assistance by a fractured Pakistan military, so that the US could shore up President Pervez Musharraf and General Ashfaq Kayani, who became army chief this week,” the paper said. “These are scenarios and solutions. They are designed to test our preparedness. The United States simply could not stand by as a nuclear-armed Pakistan descended into the abyss,” Kagan, who is with the American Enterprise Institute, a thinktank with strong ideological ties to the Bush administration, told the Guardian. “We need to think now about our options in Pakistan,” he said. The paper reported Kagan as arguing that the rise of Sunni extremism in Pakistan, coupled with the proliferation of Al Qaeda bases in the north-west, posed a real possibility of terrorists staging a coup that would give them access to a nuclear device. Kagan, the Guardian said, accepted that the Pakistani military was not in the grip of Islamists. daily times monitor

Students should unite for Pakistan’s sake: Imran Khan

Students of the country should gather on one platform for the country’s sake, Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan said at a students’ convention at the PTI office in Ichhra on Friday.A couple of hundred students of various educational institutions of the city including the Lahore University of Management Sciences (LUMS), Beaconhouse National University (BNU), FAST-National University and the Punjab University (PU), had gathered at the PTI office for the convention. The convention aimed at gathering student support for the judiciary’s independence and the lifting of the emergency.Khan said he had not called the students to launch a students’ wing of his party, but to mobilise them in the ongoing struggle for the judiciary’s freedom. He said the student’s participation in the movement was pivotal for success.The PTI chief said that incidents like the one when members of the Islami Jamiat Talaba (IJT) manhandled him in the PU and handed him over to the police would neither deter his resolve nor his confidence in the students’ power.He said the All Parties Democratic Movement’s (APDM) call to boycott the coming elections had a one-point agenda of restoring the judiciary to its pre-emergency status. He urged the opposition leaders who had expressed willingness to contest the elections to unite with the APDM for this purpose.Khan praised the deposed judges for not taking oath under the Provisional Constitutional Order (PCO). He also stressed the role of an independent judiciary for the rule of law in the country. “Without an independent judiciary, the country has no future.” He said the judges, who had taken oath under the PCO, were holding offices they did not deserve.Many students also made speeches at the convention and expressed support for Khan.IJT stops PU students: Some students of the PU told Daily Times on Friday that IJT activists had stopped many students of the varsity from participating in the convention.Ali Shah, a PU student, said IJT workers had stopped hundreds of PU students standing at bus stops from boarding buses heading towards Ichhra. He said the IJT workers also beat several bus drivers for stopping buses at the stops despite their signals not to.PU IJT media secretary Imran Kiyani said the IJT had not stopped anyone and termed the allegation baseless. He said that after the Friday prayers, all IJT workers had been at an IJT protest against the emergency.

Govt offers to reinstate all SC judges except CJ

President Peshawar High Court Bar Association, Abdul Latif Afridi, claimed that government had evolved reconciliation strategy to end the judicial crisis emanating after the imposition of emergency by President Musharraf on Nov 3.According to reports reaching here from Peshawar, Abdul Latif Afridi revealed this in the general body meeting of the Peshawar High Court Bar Association (PHCBA) on Friday.He revealed that under the plan Government had offered to take back all the deposed judges of the superior judiciary, who were removed from their posts when they refused to take fresh oath under PCO, provided they agreed to retirement of deposed Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry. But the deposed judges refused to accept the offer and demanded of the government to restore all the judges including deposed CJP. A lawyer, Naveed Akhtar, present in the PHCBA meeting, confirmed that the offer was made but the judges had categorically refused to get back to their job unless the deposed Chief Justice was restored to his position.Meanwhile, it is worth mentioning that deposed Chief Justice Tariq Pervaiz Khan, Justice Shah Jehan Khan, Justice Doost Mohammad Khan and Justice Ejaz Afzal Khan and three other deposed judges of the PHC were still using the official vehicles and were residing in the official residences despite the fact that they all had not taken oath under .

Look At The Stick...Now It Is with Me

PPPP launches Election Menifesto

(AFP) - Pakistani opposition leader Benazir Bhutto on Friday launched her party's manifesto for elections in January 8, but reiterated that she was taking part in the polls under protest. “We are taking part in elections under protest, we are not giving them any legitimacy. But if we do not participate we leave the field for others,” she told reporters in Islamabad. “Our policy is based on five “E's -- employment, education, energy, environment and equality,” the former premier added. She said she could “review our decision” on participating in the election if she could agree a common agenda with fellow former premier Nawaz Sharif and other parties. “But it has to be a joint opposition, it must be a joint opposition,” she said. Benazir said the electoral process “is not just” and said that Musharraf's regime had not taken any action on her complaints. But she added: “We have filed our nomination papers, we are preparing for the election and appealing to the people to help the PPP (Pakistan People's Party) and vote for them.” She denied rumours that she had met Musharraf on Thursday to revive the arrangement

I am proud Child

This letter is for all the Judges who refused to take oath under PCO and who happen to be my uncles as well. I had never thought that one day I will have to convey my message to you people like this, through this mode but we know things are not smooth as they had been and it is one of our testing times. This might be one of the crucial times we are facing but we should be proud that Allah chose us to sacrifice for this country. Yes it is indeed a sacrifice which we have to bequeath, not for ourselves but for this country. Ever since I opened my eyes I have seen my father affiliated with judiciary and now it is like a part of our lives. Our life is like a tree and judiciary is one of its branch. We have grown up with this branch and we cannot let anybody slice it. If we will not protect it then who else? We may not be allowed to attend our schools or universities, we may have got our mobile phones blocked, we may not be allowed to meet anyone or go out, we may be kept in our homes like prisoners, we might be treated like militants or terrorists but WE DONOT CARE, because it's a time of sacrifice and we have to do it. We are proud to have elders like you who have made us proud. You people have made our lives, not only for us but for our next generations as well. We will feel proud to tell our youngsters that our elders did not succumb to any kind of pressure no matter how hard things were around them. We will always walk with our heads high and our hearts filled with pride. Thank you so much for giving this immortal gift to us. I hope all of you are in best of your health and would read this letter. Love you all. Yours Pinky (Palwasha Iftikhar Chaudhry)

GEO Go On Air From Dubai Without Consent Of Musharraf

The authorities of Dubai Media City (DMC) and IMC Dubai have restored the Geo News channel immediately and asked the administration of the channel to start telecasting its programmes from the facility in the DMC from Thursday midnight. The abrupt shutdown of Geo News on the 16th of this month, caused unease across the world among viewers who could not watch the channel’s current affairs and news programmes. Geo’s chain of channels is viewed worldwide. The viewers resented the closure of the channel and the journalist community also raised its voice against the action vehemently. Highly placed diplomatic sources told The News on Thursday that United Arab Emirates (UAE) Prime Minister Shaikh Mohammad bin Rashid Al Maktoum took notice of the closure of the highly admired channel and called for a detailed report from the authorities concerned to look into the circumstances and causes of the suspension of the telecast of the channel. The Shaikh got feedback on the reaction of a large number of Pakistanis living in the UAE and other parts of the region who used to watch Geo with great interest. The UAE ambassador to Pakistan, Ali Muhammad Al Shaamsi, who has played a vital role in bringing the two brotherly countries closer in various fields during his stay here, had marathon discussions on the subject with the high-ups of his country. The envoy conveyed to the authorities in Abu Dhabi the sentiments prevailing in his host country about the action. The international reaction to the suspension of signals of Geo News was unprecedented and demand for its restoration gained momentum with every passing day. People from all walks of life expressed their dismay at the closure of their favourite channel by staging demonstrations and protests. The action of the closure was not commensurate with the policies of the UAE leadership under the sagacious guidance of President of the UAE Khalifa bin Zayed Al Nahyan and Prime Minister Shaikh Mohammad bin Rashid Al Maktoum who have brought about a tremendous turnaround in every sphere of life in their country in a short span of time. The vision of Shaikh Mohammad bin Rashid Al Maktoum has enshrined openness and provision of an environment where working free of any curbs is the hallmark. The Geo News closure was taken as a negation of the well established policy of the government that has created history through spectacular progress and development in the UAE.The sources revealed that Prime Minister Shaikh Mohammad bin Rashid Al Maktoum ordered the DMC to restore the facilities of up-linking the Geo channel after studying the overall situation and merit of the action. As a result, Geo News could finally be watched through satellite dish from Friday morning. The Shaikh did not favour a situation where the entrepreneur coming from abroad had to face such difficulties. The Geo administration had already taken up the matter with the authorities in DMC and in the light of the instructions of Prime Minister Sheikh Mohammad bin Al Maktoum Geo News facilities were restored without further delay, the sources added. High officials of the UAE government talked to the Geo management on phone and informed it of their government’s decision restoring Geo’s transmission. The Geo management expressed gratitude on this development and praised the role of Shaikh Mohammad.

A Welcome Decision Of Boycott By APDM

Pakistan Tehrik-e-Insaaf Chairman Imran Khan said on the occasion he had already decided to boycott the elections and the APDM had endorsed his viewpoint. He said he had the contention that it was wrong to submit nomination papers under the PCO. He said the elections held under the PCO would form a rubber-stamp parliament. He said taking part in the elections would mean ditching the judges who dared challenge the might of General Pervez Musharraf for the first time in the history of Pakistan.
He said an All Parties Conference would be held soon, and students, members of the civil society, traders and lawyers would also be invited to the meeting.

Muneer shifted to Karachi

Former President of Supreme Court Bar Association Muneer A Malik has been shifted to Karachi from Islamabad on Thursday evening.It should be mentioned that he was arrested after emergency was promulgated in the country. During his arrest, he was shifted to PIMS Hospital owing to extreme renal pain.

History:
Munir A. Malik(Munir is also spelled Muneer) is a very prominent Pakistani lawyer.He is the former President of the Supreme Court Bar Association (SCBA) of Pakistan.He was the leader of the legal defense team of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry when the latter was illegally dismissed by general Pervez Musharraf.
He was arrested after Musharraf declared a state of emergency, as of 25th November 2007 is admitted at Pakistan Institute of Medical Sciences,seriously ill and under treatment for kidney failure with dialysis. It is unknown if he has acute renal failure versus chronic renal failure stage 5 requiring dialysis. Acute renal failure can be caused by a condition called 'Rhabdomyolysis' which can be as a result of muscle damage associated with physical abuse and beating which he has refuted. However, he complained about psychological abuse, laying for prolonged periods in one posture can lead to pressure necrosis of muscles causing release of myoglobin and rhabdomyolysis. On the other hand,chronic renal failure stage 5 can be progression of diseases like diabetes and hypertension. It is unknown what kind of renal failure this stalwart lawyer suffers from. Dehydration caused by denying access to fluids can be a causative factor in rhabdomyolysis induced renal failure and so is certain drugs toxicity like statins for hypercholestrolemia. With acute or chronic renal failure on dialysis he is immunosuppressed and vulnerable to life threatening sepsis or and pneumonia. Imran Khan has expressed his grave concerns about his health and has blamed government for his ill health.He has criticized government to deny him of access to clean drinking water when he was under arrest in Attock jail.He said he would hold government responsible if (god forbid)anything is to happen to Munir A.Malik. Any false imprisonment in a civilised society is subject to civil and or criminal litigation. Without a probable cause even President of the United States is not immune for such actions.

Kayani assumes office of Army Chief

RAWALPINDI: General Ashfaq Pervez Kayani has assumed command of the Pakistan Army as Chief of Army Staff today (Thursday) at GHQ. Pakistan Army contingent presented guard of honour to General Kayani at GHQ.On Wednesday President General Musharraf handed over the command of Pakistan Army to his successor General Kayani. General Ashfaq Parvez Kayani received his preliminary education from Military College, Jhelum, and was commissioned in the Baloch Regiment in August 1971. A graduate of the Command and Staff College, Quetta, Command and General Staff College, Fort Leavenworth (USA), and National Defence College, Islamabad, Gen Kayani has held coveted military appointments throughout his career. He possesses wide-ranging experience in command, instructional and staff appointments.He has commanded an infantry battalion, infantry brigade, infantry division and a corps (in Rawalpindi). He has been a faculty member at the School of Infantry and Tactics in Quetta, the Officers Training School in Mangla, the Command and Staff College in Quetta, and the National Defence College in Islamabad. Besides being chief of staff corps, he has also held the coveted appointment of director general of military operations. Before his promotion, he was the director general of Inter Services Intelligence (ISI).General Kayani is perceived to be a purposeful and pragmatic commander, and an embodiment of professionalism. Excellence and perfection remain the hallmark of his personality.

APDM to boycott elections

LAHORE: Former Pakistan premier Nawaz Sharif said Thursday that an alliance of opposition parties will boycott elections in January and would try to persuade others including Benazir Bhutto to join them. "We are boycotting these elections," Sharif told reporters in the eastern city of Lahore after a meeting of the All Parties Democratic Movement (APDM), which groups Sharif's Pakistan Muslim League-Nawaz and other parties. "We will try to convince other political parties so that this boycott is effective," he said, adding they would call a meeting with leaders of other opposition groups including Bhutto's Pakistan People's Party.

New Musharraf, With Same Mind But Not Same Power

The Philosophy and Practice of Non-violence

1;Non-violence is resistance to evil and oppression. It is a human way to fight.
2;It does not seek to defeat or humiliate the opponent but to win his/her friendship and understanding.
3;The non-violent method is an attack on the forces of evil rather than against persons.
4;It is the willingness to accept suffering without retaliation.
5;A non-violent resistor avoids both external physical and internal spiritual violence – not only refuses to shoot, but also to hate, an opponent. The ethic of real love is at the centre of nonviolence.
6;The believer in nonviolence has a deep faith in the future and the forces in the universe are seen to be on the side of justice.

Celebreting 150 Years of The war of Independence -1857-2007

Celebrating 150 Years of the War of Independence – 1857-2007
People should not be afraid of their governments.
Governments should be afraid of their people.

Details of Justice Tariq Mahmood

(Courtesy The News)ISLAMABAD: The moving ordeal of an ailing but defiant Justice (retd) Tariq Mahmood lodged in the Sahiwal jail for the last 23 days, as narrated by his struggling wife, brought tears to the eyes of hundreds of members of the civil society and political workers who watched the 'Capital Talk' show of Geo TV live on the footpath of Islamabad on Monday. Justice Tariq, once the top judge of the Balochistan High Court, who had resigned after refusing to conduct the controversial presidential referendum of 2002, was now being made to sleep on the cold floor of the Sahiwal jail to break his nerves and punish him for his acts of defiance since he quit the judiciary to register his protest. As his health condition deteriorated in the Sahiwal jail, Tariq Mahmood who is said to have developed severe back pain has now been rushed to a Lahore hospital for his medical tests. To acknowledge his act of defiance, lawyers' community had elevated him to the prestigious office of president of Supreme Court Bar Association. He again earned respect after he became member of the legal team which successfully defended the deposed chief justice of Pakistan Iftikhar Mohammad Chaudhry. She told the shocked audience of the show amid moving scenes how her husband was being ill treated in the jail and taught a brutal lesson for his commitment to the forces of truth and justice. Justice Tariq was arrested on November 3 along with Munir A Malik, Aitzaz Ahsan and Ali Ahmed Kurd, the dream team which fought the case of Chief Justice Iftikhar Mohammad Chaudhry. Hundreds of participants stood up to show their respect to the wife of Justice Tariq and to show their support and admiration. Mrs Tariq asked in a very emotional tone what was her husband's fault who had only tried to stand with the people who were struggling for freedom.

President Musharraf 'to lift state of emergency'

President Pervez Musharraf of Pakistan is poised to lift his country's state of emergency within days, after relinquishing his role as Army chief of staff and becoming a civilian ruler for the first time.
Sources close to the Pakistani President said today that he was set to restore normal democratic governance to the country imminently, in the aftermath of an historic handover ceremony today in which he gave up his military leadership after nine years.

Sources have told The Times that the move is likely to act as a prelude to lifting the state of emergency, which has been widely condemned by the international community and led to thousands of political opponents being arrested.

"Well-placed sources have told me that Musharraf is now considering lifting the state of emergency imminently, and that this is likely to happen in the next few days."

Gen Musharraf said the army was his "life" and he was proud to have been the commander of this "great force".

Now u will see u that this life will do with u.Tommorrow morning when u wil get up from an uneasy sleep ,u will find that the very dawn is not that much supportive and powerful for u.

A bigggggggggggggg sorry for u.

Musharraf without Uniform Now..

Musharraf -- who once described his uniform as a "second skin" -- hailed Pakistan's armed forces as the world's best and said he had full confidence in Kiyani.
His resignation from the military meets a key demand of his US backers and the rest of the international community, that had until recently been happy to back him as long as he kept up the fight against Al-Qaeda and the Taliban.
"I will not be in uniform tomorrow," Musharraf, wearing a green sash over his khaki uniform and medals, told hundreds of invited guests and dignitaries, confessing to feeling "a little sad".
"After remaining in uniform for 46 years I am saying goodbye to this army. This army is my life, this army is my passion. I have loved this army."
Private Dawn television reported, citing unidentified sources, that Musharraf was set to scrap the emergency within 48 hours, but a senior government official told AFP the president was "still weighing the options."
"He has indicated to his aides that he would like to lift the emergency before the elections but it is not yet decided when to do it," the official said.

what u will do now Mr. Gen(R)Musharraf ?

President General Pervez Musharraf will relinquish the charge of Chief of Army Staff (COAS) on Wednesday and hand over command of the Pakistan Army to the new COAS General Ashfaq Parvez Kayani. A formal handing-taking over ceremony will be held at the General Headquarters (GHQ) in the presence of all the top-ranking military officers. It has already been announced that VCOAS General Kayani would assume the command on vacation of the office of COAS by General Pervez Musharraf, who is now honouring his promise made with the nation. As prelude to this change, President General Pervez Musharraf began Tuesday a round of farewell calls by visiting various military headquarters in keeping with the military traditions. It is unprecedented that a sitting president holding two offices will doff his uniform and take oath as a civilian president for the second term on Thursday at Aiwan-e-Sadr. His decision is being widely hailed as dignified and graceful way to bring about change of command.President General Musharraf commenced his calls by a visit to the Joint Staff Headquarters where he was received by Chairman Joint Chief of Staff Committee General Tariq Majid. He was presented guard of honour by a smartly turned out contingent of the tri-services. He reviewed the parade after which he met Director Generals of the Joint Staff Headquarters. Souvenirs were exchanged at the end of the visit.Later, President Musharraf paid a farewell visit to the Naval Headquarters. On arrival at the Naval Headquarters, General Musharraf was presented a guard of honour. He met Chief of the Naval Staff Admiral Muhammad Afzal Tahir and the Principal Staff Officers. They also exchanged souvenirs. In his last visit today, General Musharraf visited the Air Headquarters where he was presented a guard of honour. He met Chief of the Air Staff Air Chief Marshal Tanvir Mahmood Ahmed and other senior officers at the Air Headquarters after which souvenirs were exchanged. Online adds: President General Parvez Musharraf has said that the country’s defense is impregnable and the nuclear and missile programme would continue to progress in order to maintain minimum deterrence. He expressed these views while addressing a dinner hosted by Chairman Joint Chiefs of Staff General Tariq Majid in his honor here on Tuesday. Caretaker Prime Minister Muhammedmian Soomro, former Prime Minister Shaukat Aziz, federal ministers, chiefs of armed forces and other high-ranking officials also attended. President General Parvez Musharraf while addressing as army chief thanked the leadership of armed forces and applauded the efforts of Joint Staff Headquarters for the country’s defence. He further said that he always honored solidarity of Pakistan and never compromised on national interests. On the occasion, Chairman Joint Chiefs of Staff General Tariq Majid lauded the services of President Musharraf as army chief.

A Novel Technique Of Election By Musharraf

General Musharraf has said the elections will be held under emergency rule, which has put severe curbs on the press, scrapped much of the judiciary and forbidden large gatherings.

Because of these strictures, the European Union had decided to cancel the arrival of a team of long-term election monitors, said the chargé d’affaires of the European Commission delegation in Pakistan, Balthasar Benz.

The Bush administration has called the quality of the elections a test of General Musharraf’s commitment to democracy and has committed $26 million for election assistance in Pakistan. Much of that money has already been spent on a program to computerize the voter rolls.

But a delegation of the National Democratic Institute from Washington, headed by a former Democratic senator, Tom Daschle, found severe shortcomings in the election preparations during an October visit to Pakistan. The group singled out faulty electoral rolls as a major problem, saying there were approximately 10 million entries that could not be verified.

The Associated Press reported that the Bush administration was looking into overhauling the way billions of dollars in aid to Pakistan was distributed, as calls mount to cut such assistance. Washington may impose new conditions or limit direct payments to Pakistan’s government, The A.P. said.

With only three days to go before nominations close, it may turn out the government will find a novel solution to the question of Mr. Ahsan’s participation.

The chief commissioner of the Pakistan Election Commission, Qazi Muhammed Farook, said on television this week that some of those being held in jail under the emergency rule would be allowed out to file their papers, and would then be returned to their cells.

“It’s possible they will bring him in custody to sign the nominating papers,” and then take him back to jail, Mrs. Ahsan said.

UN demands reinstatement of Judges.

Pressure is mounting on Pakistan from all directions. First it was suspended from the Commonwealth earlier today, by a majority vote. Now the UN has called for Pakistan to release the Judges currently under house arrest, before it goes to polls.Reuters reports:
Earlier in the day the Supreme Court, now stacked with judges friendly to Musharraf, threw out the last challenge to his October 6 re-election and paved the way for him to quit as army chief.
Arbour, the United Nations High Commissioner for Human Rights and a former prosecutor for international criminal tribunals on Yugoslavia and Rwanda, said Pakistan faced a "terrible deficit in governance" without a free judiciary.
"It is not enough to move towards free and fair elections unless all the judges who were dismissed or suspended are fully reinstated in their previous capacity," she told reporters in Dublin.
"Otherwise we will have a very twisted form of democracy where the judicial branch will have been made totally subservient to the executive," she said on the sidelines of a human rights conference.
Despite the President's assertion on the contrary, with a second Commonwealth suspension in tow, it increasingly appears that, Pakistan is heading to the where we had started from in 1999.

Great decision by great Puppet judges

The Supreme Court of Pakistan Friday directed the Election Commission to issue a formal notification of the President General Pervez Musharraf’s win in his re-election in the Presidential Polls held on October 6, 2007.The SC gave its detailed ruling today on the legitimacy of General Pervez Musharraf’s re-election. According to the verdict the petition of Dr. Zahoor Mehdi filed under Article 184-03 was dismissed because the same was found non-maintainable in the light of Qazi Hussain Ahmed’s case.A 10-member full court led by Chief Justice Abdul Hameed Dogar heard the case.

Commonwealth decides suspension of Pakistan

Commonwealth has informally communicated to Pakistan authorities that the 53-member organization suspending Pakistan’s membership.The luncheon meeting of the Commonwealth’s ministerial action group at Kampala in Uganda would recommend suspension of Pakistan due to proclamation of emergency in the country and suspension of human rights. The summit meeting tonight will endorse the decision. Pakistan has also been informed that after the general elections in January next year a meeting of the Commonwealth ministerial action group will be convened to consider the situation in Pakistan and to review the decision about suspension of Pakistan from the organization. It would be the third time that Pakistan being suspended from C’Wealth due to its internal situation

Pakistan's puppet court to rule on Musharraf's eligibility

ISLAMABAD, Pakistan (AP) — A Pakistani Supreme Court stacked with judges loyal to President Gen. Pervez Musharraf prepared for a final ruling Thursday on whether the general is eligible to be president.
The court, which Musharraf purged of independent-minded judges after he suspended the constitution Nov. 3, was widely expected to clear a last legal hurdle for Musharraf to embark on a new five-year term. The panel also was considering challenges to the state of emergency Musharraf declared more than two weeks ago.

The attorney general said Wednesday that Musharraf was expected to step down as army chief by the weekend if the Supreme Court validates his victory in a controversial Oct. 6 presidential vote.

But it is still not clear whether Musharraf will lift the state of emergency, despite international pressure, including from the United States, his key backer.

Late Wednesday, Musharraf decreed new amendments to the constitution using powers he said he has under the emergency. One of the amendments states that his decisions cannot be challenged by any court and will be considered "always to have been validly made."

US not without alternatives in Pakistan

US has alternatives to President General Pervez Musharraf when it comes to nuclear proliferation and Islamist extremism that are just as good, if not better, according to noted South Asia expert Selig Harrison.“Washington’s approach to Pakistan has always been that the devil we know is better than the devil we don’t know. But there is every reason to believe that with Musharraf and Pakistan, that is not the case,” Harrison told the Christian Science Monitor. “Musharraf has blinded Washington over and over again with a mastery of blackmail, but in the two areas we worry most about – nuclear proliferation and Islamist extremism – there are alternatives that are just as good, if not better,” he added. Washington, he says, has treated Gen Musharraf as if he were the last stand before nuclear Armageddon or a new triumph for Islamist extremism. Harrison says the US has enough leverage over Musharraf to effect a desirable political transition if it wanted – through at least a threatened cutoff of the huge monthly military assistance the country receives for fighting Islamist extremists. But he sees little prospect of that happening, given the Bush administration’s continued public support for Musharraf and “more than 54 years of US policy of blindly supporting Pakistan’s dictators.” Another factor standing in the way of US backing for a real political transition in Pakistan could be private deals the US may have made with Musharraf over US actions vis-à-vis Afghanistan and Iran, he adds. “This is just speculation,” Harrison says, “but it’s not hard to imagine some kind of agreements that might have been made with Musharraf about intelligence or special operations” in Iran or concerning the Islamist communities in Pakistan’s northern frontier areas “that are influencing our actions in this crisis”.The Monitor report published on Wednesday also quotes Daniel Markey of the Council on Foreign Relations in Washington as saying that envisioning a Pakistan that is just as reliable a US ally without Musharraf is not the hard part, it’s more the pitfalls of a short-term transition period that are troubling. A Pakistan free of political turmoil, and with the public satisfied that democratisation is proceeding, is more likely to support US policies in the region. “The problem is, the interim period of instability and doubts about who’s in charge, suggest at least the possibility of a tumultuousness that for Washington is problematic,” Markey says. One of the key determining factors would be how long such a transition period lasted. “If after 24 hours, you had a completed reshuffling of the army deck and clarity about who was in charge, that’s one thing,” Markey says. “It’s something else if the transition dragged on and fed doubts about who held the power and ultimately Pakistan’s stability.” The harder issue, Markey, adds, is that completing a transfer in military power would, by itself, do nothing to resolve the political turmoil Pakistan faces. “Again, it’s the kind of transition that’s the question,” Markey says. If smooth, and with Musharraf’s cooperation and that of former prime minister Benazir Bhutto, then it could still come out a plus for the US. “But if it’s a more tumultuous transition,” Markey adds, “then the Army could be forced under pressure to yield to far less helpful political masters than Musharraf has been working with so far.” A less favourable alternative for the US, Markey, says, would be the rise of the Pakistan Muslim League-Nawaz, led Nawaz Sharif. “That wouldn’t mean an extremist Pakistan, but they just aren’t as keen on working that closely with the US, and they don’t see the world through Washington’s lenses,” says Markey.

Pakistan’s mullahs sidelined in crisis’

Fragmented, outflanked by young militants and politically compromised, Pakistan’s mainstream Islamist leaders have only a side role to play in the crisis engulfing the country, analysts say.Since President Pervez Musharraf imposed emergency rule, the outcry has been led at home by ex-premier Benazir Bhutto, lawyers and rights groups, and abroad by the US.That, says Farzana Shaikh, an expert at the London-based think tank Chatham House, is due to a “deeply-rooted confusion” over the role of Islam in public life since Pakistan’s creation.When independence came, “there was no clear consensus on whether Pakistan was meant to be a state for Muslims, or whether it was to be a state governed by Islamic law,” she said. The mullahs have been influential in the past: forcing Bhutto’s father in the 1970s to ban alcohol and declare Friday prayer day a holiday; helping oust him in 1977; and mobilising mass protests in 2001 against the US-led invasion of Afghanistan. Analysts point to three key reasons why religious parties are not so influential this time.They are hopelessly divided – there is an Islamic fundamentalist alliance called the MMA, but its two biggest parties cannot even agree whether to take part in January 8 elections.They have a long association with previous military regimes, notably when Pakistan backed Afghanistan’s mujahedin and the Taliban.And they are losing influence to battle-hardened militants in Pashtun-dominated Tribal Areas bordering Afghanistan.Vote: Political analyst Shafqat Mahmood said religious parties could likely muster only around five to 10 percent of the vote.“The people of Pakistan are not essentially pro mullahs. Their role in overall politics has never been as decisive as in some other countries,” he told AFP.In 2002, when Musharraf needed electoral support, he was supported by the Jamiat Ulema-e-Islam and JUI leader Maulana Fazlur Rehman favours taking part in the polls.But while the JUI has more clerics in its fold than the other main Islamic party, the Jamaat-e-Islami, its style – playing big-time politics, sending women to parliament, among others – “has alienated many people who want them to stick to their role as mullahs,” said analyst Rahimullah Yusufzai.“Like the secular opposition,” said Chatham House’s Shaikh, “the religious right is deeply fragmented. In Balochistan and the Tribal Areas meanwhile, those now holding sway are young commanders with experience in Afghanistan. “They are calling all the shots. They are willing to make sacrifices. They have hundreds of fighters. They have weapons and resources,” Yusufzai said. afp
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Tum gadager hi rahe'

tum ne kashkol tah damane banat chupa rakha tha,

aur chehre per ana thi,

ju hamesha ki tarah jhuti thi,

wo yeh kehthi hoyee lagthi thee,

keh,

hum bheek nahi mangee gee,

yani mar jayenge ,lakan kissi mune,em

ke

Dare zar per na dastak dengee,

yeh ju,

sikko ke khanak char taraf goonji hai,

ju

shaneeda haikaye barso ki,

aur,

kashkol ka lehja b wahi hai,

ju hame azbar hai

laak inkar kero,

laak bahane dhundo ,

lakan,

lakan,

tum gadager hi rahe.

The Great Khan , Released

Pakistani authorities have freed hunger-striking cricket legend Imran Khan from prison, where he has been detained for the past week under anti-terrorism laws, jail officials said.
'We have released Imran Khan on the instructions of the provincial government,' Sheikh Inamur Rehman, superintendent of Dera Ghazi Khan prison in central Punjab province, told Agence France-Presse.
'I personally saw him off at the prison gate,' he said, adding that Khan was released at 7.45 pm (1445 GMT).
Khan was detained last week and charged under anti-terrorism laws after he tried to lead a student protest in Lahore against a state of emergency imposed by President Pervez Musharraf. He began a hunger strike on Monday.
'Imran Khan has been released,' the inspector general of Punjab police, Sarfraz Mufti, told AFP in Lahore.
Khan's sister Allema earlier said Khan had stopped drinking water and that he was increasingly weak on the third day of his hunger strike.
Officials said Khan would be among more than 250 prisoners being released in Punjab, the most populous of Pakistan's four provinces and the country's political heartland.
'This is a goodwill gesture from the interim government because it wants to give a level playing field to all political parties before the election campaign gets underway,' a senior provincial government official said.
Caretaker governments took power in Pakistan's provinces on Monday to prepare for national and provincial elections on Jan 8.
'The Punjab government is also going to offer Imran official transport to return to Lahore,' the official said.

Let,s stand with Pakistani heroes

Washington - We all have seen the images: Lawyers clad in dark suits, symbols of professional responsibility, enveloped in clouds of tear gas. Soldiers surrounding a nation's Supreme Court, and thousands of lawyers and judges, as well as several justices, placed under arrest.To many Americans, Pakistan's breakdown may seem vaguely routine, another eruption in a distant land. But to American lawyers, the events are shocking and immediate.In part, it is because we see our fellow lawyers and judges in Pakistan doing something dangerous and heroic: standing up to police and soldiers, subjecting themselves to arrest for such ideals as the "rule of law" and an "independent judiciary."Their bravery reminds us that these ideals are not abstract at all. They are the difference between nations of justice and law, and unchecked tyrannies. This crisis reminds us how precious, and fragile, the rule of law is in the United States and in all nations.To advocates of the rule of law, the recent actions in Pakistan are worse than a misfortune; they are a catastrophic reversal of values we hold dear. And in a world threatened by terrorism and rising autocrats, they make our world more dangerous, not less.

Musharraf deputy, a reluctant linchpin

Musharraf's anointed successor in the army is Kayani, the universally well-regarded, pro-Western general who once ran the country's most powerful spy agency.Kayani is close not just to Musharraf, but also to his political rival, Benazir Bhutto, serving as her deputy military secretary when she was prime minister.Kayani also is friendly with U.S. officials, including Negroponte, largely through the general's former job atop the Inter-Services Intelligence spy agency.
Since his appointment last month as vice chief, Kayani, considered to be extremely loyal to Musharraf, has tried to focus on the war on terror, especially in remote tribal areas, and improve the army's sinking morale, analysts and Western officials said. He has largely ignored politics.Kayani "is a military man," said a Western diplomat who spoke on condition of anonymity. "He's very professional. And he's extremely concerned about the low morale -- and it is very low."Those who have worked with Kayani said he is extremely cautious and dismissed reports that he would stage any coup while Musharraf is chief."He doesn't come off as a reckless fellow," said the former top official in Musharraf's government. "He comes off as a cool and collected fellow. He's certainly not a commando."Yet retired army officials and analysts say that despite the many powerful army commanders who run key agencies, everyone would look to Kayani if the top brass were forced to consider a potential takeover."God forbid, if that happens, it would not happen without his consent," said one retired officer who is loyal to Musharraf and requested anonymity.

Brutality of a mad man against Media

Most were held in Karachi and several detained in Hyderabad.
Police baton-charged the Karachi journalists after they tried to stage a protest march. Some of them were hurt.
When President Pervez Musharraf imposed emergency rule on 3 November, radio and TV news was banned, as was criticism of the government.
Country-wide
Heavy contingents of police were deployed on roads to the Karachi Press Club to stop the rally there.

Police stopped the marchers going to a TV station
It was part of a country-wide protest organised by the Pakistan Federal Union of Journalists (PFUJ) against the media curbs.
The journalists were planning to hold a demonstration outside the Karachi offices of the ARY TV channel, one of half a dozen news channels that cable operators stopped airing after the emergency was imposed.
The BBC's M Ilyas Khan in Karachi says police beat up a number of journalists in front of the press club entrance.
The arrests came shortly after the government said it released some 3,400 people jailed under emergency rule.
The release of political opponents has been a key demand of opposition parties who are threatening to boycott parliamentary elections in January.
A number of leading political figures are still being held.

Winding Back Martial Law in Pakistan

Policy Briefing
Asia Briefing N°70
Islamabad/Brussels, 12 November 2007
Winding Back Martial Law in Pakistan
I. overview
General Pervez Musharraf imposed martial law in Pakistan on 3 November 2007. He suspended the constitution, sacked the chief justice of the Supreme Court and removed other judges of that court who declared his act illegal. Police immediately began arresting lawyers, politicians and human rights activists. Independent television channels were taken off the air and reporting restrictions imposed. Thousands have since been jailed, journalists threatened and protests by lawyers and others suppressed. Replacing dissenting judges with hand-picked appointees, and ruling by decree, Musharraf’s objective is to retain personal power by gaining judicial approval for martial law, followed by the creation of a democratic façade through rigged elections. The international community should demand the immediate restoration of constitutional order, the rule of law and the legitimate judiciary, the release of political prisoners and the appointment of an impartial caretaker government to oversee free and fair elections.
Musharraf has said he expects polls before 9 January and will take off his uniform before taking his oath for a new presidential term. But this offer does not go far enough. No proper elections can be held under martial law, supervised by a Musharraf-controlled Election Commission and a judiciary that has been purged and hand-selected by the military, and while some political leaders are in jail and others are barred from standing.
Musharraf claims he acted to restore stability but in fact he has sought to stamp out demands for democracy after eight years of military rule. The general’s claims to legitimacy had worn thin, and he was facing a challenge by the Supreme Court to his re-election as president by a lame-duck and stacked electoral college in October. While saying he was tackling extremism, the arrests of non-violent, secular people showed his true intentions. Even as the military was filling the jails with lawyers and journalists, they were releasing 28 militants, some of whom had been convicted of terrorism, in yet another deal with violent extremists.
In response to all this, the U.S., the UK and the European Union (EU) have expressed disappointment, but signalled they wish to continue cooperation with President Musharraf and his government, particularly on counter-terrorism. The focus has been on the need for Musharraf to remove his uniform and conduct elections – not on the necessity of restoring the constitutional order and the rule of law. The mistakes of the international response in the past to Pakistan are being repeated. The general has used the issue of terrorism with skill for years, drip-feeding anxious Western governments limited intelligence on jihadi groups while doing little to address extremism at home. Officials in Washington and London have been particularly prone to mistaken belief that the choice in Pakistan is between democracy and stability. Apart from handing over a few high-level al-Qaeda members, Pakistan has done little else: it has refused to close Taliban camps and jihadi madrasas or end extremist recruitment and fundraising. Driven by what is even in the short term a highly questionable interpretation of their security interests, Western governments have weakened their long-term security by supporting military rule rather than democratic institutions and the people of Pakistan.
A strong international response to military dictatorship has been hampered by anxiety that Pakistan might become another Iran, hostile to Western interests and yet a greater security threat if Musharraf were to leave the scene, as happened when the Islamic Revolution deposed the Shah in 1979. The analogy is false. Pakistan is a very different country, with a vibrant civil society, courageous and respected judicial and media institutions and above all a long democratic tradition and civilian parties that are widely popular and experienced in government. Its extremist forces have gained what status they have in the country’s politics as the beneficiaries of military manipulation, not broad citizen support.
This latest coup makes it essential to rethink policy towards Pakistan and to recognise that Musharraf is not only not indispensable; he is a serious liability. Extremism would be better reduced now and would be more assuredly barred in the future by the rule of law under a democratic government led by one of the moderate political parties.
In response to martial law, the international community should take the following steps:
q speak out unequivocally for democracy in Pakistan, rejecting the idea that martial law is needed for stability, and demand a return to constitutional order;
q outline a series of graduated sanctions starting immediately with suspension of high-level talks on military cooperation, suspension of new military training, review of military aid to distinguish what is essential counter-terrorism (CT) help from general assistance, and establishment of performance-based conditionality on all non-CT military assistance until constitutional order is restored;
q follow this up – if Musharraf makes it necessary by not giving up his post as army chief by 15 November when his parliamentary dispensation to hold that post as well as the presidency expires, and does not restore the constitution, release political prisoners, restore the independent judiciary and accept its judgement on the legality of his October 2007 re-election as president, and set a date for elections – with gradually tougher sanctions, including suspension of all non-CT military aid and visa bans for top military and government officials;
q if these steps are not taken within 30 days, restrict non-CT arms sales; freeze officer training abroad and foreign assets of the military and its foundations and businesses; and refuse to accept high-level visits by Pakistani officials for as long as the constitution is not restored and the military holds politicians, lawyers and civil society actors under arrest and otherwise restricts their civic freedoms; also insist that the International Committee of the Red Cross (ICRC) be given unrestricted access to prevent torture and abuse in custody; and simultaneously
q expand aid for education, poverty reduction, healthcare and relief work, channelling money through secular non-governmental organisations (NGOs).
II. martial law
A. What It Means
Musharraf has imposed martial law[1], not – although he has disingenuously used this language – a “state of emergency” of the kind provided for in the constitution, which can be imposed by the president if the country faces a grave external threat or internal disturbance.[2] While some articles of the constitution can be suspended, the constitution itself cannot be put in “abeyance” as Musharraf announced on 3 November.[3]
The general’s proclamation was made in his capacity as army chief, not as president. This is unconstitutional. In his capacity as army chief, he also issued a Provisional Constitutional Order (PCO),[4] thereby replacing constitutionalism and rule of law with open military rule. The emergency proclamation makes this clear. It says, “a situation has…arisen where the Government of the country cannot be carried on in accordance with the Constitution and as the Constitution provides no solution for this situation, there is no way out except through emergent and extraordinary measures”.[5]
Any executive order can be challenged for unconstitutionality in the Supreme Court, which has the constitutional “power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it”. It also has the power to consider “a question of public importance with reference to the enforcement of any of the Fundamental Rights”.[6] The PCO, however, states – on no basis except Musharraf’s will – that no court, including the Supreme Court, shall “have the power to make any order against the President” or “call or permit to be called in question this Order, the Proclamation of Emergency or any Order made in pursuance thereof”.
Although the PCO asserts that the federal and provincial assemblies and the state apparatus remain intact and function as normal, Musharraf has assumed all powers for himself.[7] Under its terms, he can “amend the Constitution, as is deemed expedient”; no “judgment, decree, writ, order or process whatsoever…[can] be made or issued by any court or tribunal against the President…or any authority designated by the President”.
The Chief Justice of Pakistan, Iftikhar Mohammad Chaudhry, and six further judges of the Supreme Court declared the PCO and Musharraf’s actions illegal and unconstitutional before they were placed under confinement and fired by the army.[8] Pakistani constitutional experts are in no doubt that the effect of their two-page Supreme Court order is that the PCO has no legal standing, and that Musharraf’s subsequent removal of the signatories from office equally has no legal foundation.[9]
Musharraf’s action was motivated by the transparent desire to retain his dual positions as head of the army and president. On 15 November, his term as president was due to end, as was parliamentary approval for his dual responsibilities. It was increasingly clear that the Supreme Court, which was to resume its hearing on the legality of his presidential election on 5 November, would rule against him on at least one of two grounds: that it was illegal for him to hold both offices and that he was bound by the bar on senior military officers standing for public office until they have been retired for two years.[10]
While self-preservation was the motive for tearing up the constitution, Musharraf hopes to gain international support, or at least toleration, and to ward off punitive measures by justifying his actions on the grounds of increased terrorist threats and activity. Hence the Proclamation of Emergency highlights the “visible ascendancy in the activities of extremists and incidents of terrorist attacks” posing “a grave threat to the life and property of the citizens of Pakistan”. It then accuses some members of the judiciary of undermining the executive’s efforts “in the fight against terrorism and extremism, thereby weakening the government and the nation’s resolve and diluting the efficacy of its actions to control this menace”. The judges are also accused of demoralising the police and thwarting the intelligence agencies “in their activities” and preventing them from pursuing terrorists. This language is specifically aimed at the U.S. but also the UK, the latter of whose policy can be expected to heavily influence the EU.
Musharraf has also defended his position by referring to the judiciary’s release of terrorist suspects, including those detained in the Lal Masjid (Red Mosque) operation earlier in the year. But Justices Nawaz Abbasi and Faqir Muhammad Khokhar, who have taken the oath under the general’s PCO, were two thirds of the three-member bench that ordered the release of those arrested in that operation. In Pakistan, where conspiracy theories thrive, it is commonly believed that the two judges were party to a military plot to subvert the judiciary. One commentator said, “it has now transpired that the two judges who released these terrorists have taken oath[s] under PCO and are sitting pretty in the reconstructed Supreme Court. Is this a punishment or reward? This has yet to be determined”.[11]
The higher courts have in the past released terror suspects too, not because judges were sympathisers but simply because the government and its security agencies failed to present legally compelling cases.[12] Chief Justice Chaudhry said his court had taken measures to expedite terrorism cases, including holding monthly meetings of a committee specially constituted for the purpose. However, he explained, the courts could not punish people without evidence.[13]
Musharraf’s charges that an interventionist judiciary had demoralised the police force have equally little to back them. The regime’s frequent use of the police to conduct political vendettas and to target its civilian opposition has in fact severely undermined their capacity to enforce rule of law, let alone abide by the law and protect the citizenry.[14]
B. The Courts
On 5 November, the Supreme Court was to resume hearing petitions on the legality of Musharraf’s presidential election.[15] On 15 November, Musharraf’s term as president was to end, as was parliamentary approval for him to serve concurrently as president and army chief. Musharraf imposed martial law on 3 November to pre-empt an adverse judgement, not to cope with any terrorist threat or collapse of public order.
Unlike previous coups, including Musharraf’s in 1999, which were aimed at the political leadership and parties, the judiciary is the key target of this action, since it threatens the military regime’s survival. The Proclamation of Emergency blames the judiciary for “constant interference in executive functions” and “overstepping the limits of judicial authority” by taking over “executive and legislative functions”. Once again, with an eye on international opinion, the proclamation singles out “some judges”, and commits the government to “the independence of the judiciary”, so long as judges “confine the scope of their activity to the judicial function and not to assume charge of administration”.
The first hours of military rule consequently focused on subverting judicial independence. Judges were forced to step down for refusing to swear an oath of allegiance to military rule (i.e., the Provisional Constitutional Order), instead of the 1973 constitution.[16]
A large majority of judges have refused to comply. Only five of the Supreme Court’s nineteen judges have taken the oath under the PCO. The others, including Chief Justice Chaudhry, have been dismissed, with most placed under house arrest. Scores of judges in the Punjab, Sindh and Peshawar High Courts have also refused, including the Chief Justices of the Sindh and Peshawar High Courts. In all, 64 of the 97 judges of Pakistan’s superior courts have been removed after they refused to swear allegiance to the illegal martial law regime.[17] Musharraf has moved quickly to appoint loyal judges as Chief Justices of the Supreme and High Courts.[18] Because loyalists have been or will be appointed to the vacant positions, a free and fair election is impossible under Musharraf’s watch. It will remain so unless the independence of the judiciary is restored by reinstating the dissenting judges.[19]
The Election Commission of Pakistan (ECP) is an autonomous, constitutionally-sanctioned entity entrusted with holding the national elections. “It shall be the duty of the Election Commission…to organise the conduct [of] the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against”.[20] Its responsibilities include preparation of the schedule and polling schemes, delimitation of constituencies, appointment of polling personnel, assignment of voters and arrangements for maintenance of law and order.[21] The Chief Election Commissioner (CEC) is also charged with appointing Election Tribunals, which deal with petitions in the event of an election dispute.
However, the ECP has failed to control abuse and fraud and provide free and transparent elections on any occasion during Musharraf’s watch, including the 2002 national polls, and the opposition understandably believes that Musharraf’s appointee, CEC Justice (ret.) Qazi Mohammad Farooq, is unlikely to do so this time.[22] Since the Supreme Court is empowered to deal with any question of “public interest”[23] and the “power to issue such directions, orders or decrees as may be necessary for doing justice in any case or matter before it”, the court’s newly found independence had raised hopes that it would serve as a watch dog over the ECP and intervene as necessary to provide a remedy for subservience to the executive.[24] The military government has now destroyed that independence.
C. Curbing Dissent
The government has suspended the following constitutionally-guaranteed fundamental rights: security of person (Article 9); safeguards as to arrest and detention (Article 10); freedom of movement (Article 15); freedom of assembly (Article 16); freedom of association (Article 17); freedom of speech (Article 19); and protection of property (Article 25).[25]
It has swiftly moved against key representatives of the bar associations during its widespread crackdown.[26] Pakistan Peoples Party (PPP) Senator Aitzaz Ahsen, who is president of the Supreme Court Bar Association (SCBA), is in prison and has been denied access to his lawyer; two former SCBA presidents, Muneer Malik and Tariq Mahmood, have also been arrested and are being held in solitary confinement. Other leading members of the bar associations are in hiding. Protesting lawyers have been beaten by police and thousands of lawyers and ordinary citizens have been arrested, many under anti-terrorism laws, after demonstrations countrywide or to prevent their demonstrating as in the case of the protest rally Benazir Bhutto called for 9 November.
Civil society leaders and groups are also under attack. Asma Jahangir, Chairperson of the independent Human Rights Commission of Pakistan (HRCP) and UN Special Rapporteur on the Freedom of Religion or Belief, has been placed under house arrest for 90 days, and her HRCP colleagues were detained merely for holding an emergency meeting.[27]
Attempts are being made to muzzle the media. To curb radio and television, Musharraf has issued an ordinance that prohibits any coverage which “defames or brings into ridicule the Head of State, or members of the armed forces, or executive, legislative or judicial organs of the state” and carries a maximum prison sentence of three years.[28] A similar ordinance has been issued for the print media.[29] Independent television channels and radio stations have been shut down, unless they are willing to abstain from political reporting. The offices of Aaj TV, which covered key events live including the 12 May 2007 attack on the Karachi rally for Chief Justice Chaudhry, and of the Jang Press in Karachi, were raided; the owners of the Jang Group of newspapers, which includes the influential Islamabad-based daily, The News, have been threatened by intelligence agencies.[30]
The vast majority of journalists have rejected the attempts to silence them. The print media has strongly condemned Musharraf’s martial law since the day it was imposed. The News called 3 November “another dark day in Pakistan’s political and constitutional history” and “one of General Pervez Musharraf’s gravest errors of judgment”. Under a headline “General Musharraf’s second coup”, Dawn said that “virtual martial law…could put the country’s political future into disarray”. The Nation’s lead editorial said Musharraf had “sent the country into a tailspin just to save his job”. General Musharraf, Talat Hussain of Aaj TV said, wanted journalists to “take an oath to the new PCO” by accepting his ordinances.
Mazhar Abbas, secretary-general of the Pakistan Federal Union of Journalists, whose union has rejected imposition of a “mini-martial law” in the guise of a state of emergency, said “accepting these ordinances would be like committing suicide because that would mean sanctioning the regulation of information. That is not acceptable to Pakistani journalists”.[31] The government now has two options: to ban newspapers outright or accept this criticism.
III. WHY martial law makes THE SItuation worse
A. Illusive Legitimacy
Musharraf has been careful to buff his international image as an essential U.S. ally in the “war on terror” but at home he is widely seen as tarnished and illegitimate. In domestic terms, 2007 has been a year of setbacks for him.[32] His first attempt in March 2007 to oust Chief Justice Chaudhry on trumped-up charges of corruption produced massive protests by lawyers and was rejected by the Supreme Court. The drawn-out battle to end jihadi control of the Lal Masjid (Red Mosque) in the heart of the capital in July proved a deep embarrassment and highlighted how little the military government has done to control extremism. Worsening violence in the Federally Administered Tribal Areas (FATA), the Swat district of Northwest Frontier Province (NWFP) and across Balochistan has seriously undermined the military’s image and popularity. Inflation, inequality and an explosion of corruption scandals have blown apart the argument that the military offers a safer pair of economic hands than civilian politicians.[33]
Opposition to military rule has grown across the country. Musharraf’s deep unpopularity was exposed in a poll released by the U.S.-based International Republican Institute (IRI) on 11 October 2007, which showed his approval rating at 21 per cent, down from 63 per cent in a similar survey in 2006.[34] Three quarters of those polled felt the country was on the wrong track, and 62 per cent said the military should not play a role in politics. Some 76 per cent expressed the wish that Musharraf resign his army post, around 74 per cent specifically opposed his re-election as president, and 83 per cent said they opposed any declaration of emergency.[35]
B. A Grudging Ally
Musharraf has positioned himself as a key player in the U.S. “war on terror” but his actual commitment has been widely questioned, not least by Pakistanis themselves, who have said they feel less secure.[36] A series of misguided deals to appease the Pakistani Taliban in the FATA have come undone, in effect ceding the strategic region bordering on Afghanistan to radical Islamists.[37] The military has focused its efforts in Balochistan on crushing an insurgency by secular, anti-Taliban Baloch struggling for constitutionally-guaranteed political, civil and economic rights but has yet to tackle the Afghan Taliban, who have found refuge there.[38] Despite pledges in January 2002 to reduce extremism, particularly in the education system, nothing has been done to register madrasas or overhaul secular schools.[39]
The U.S. has provided more than $10 billion in aid to Pakistan since 2001, excluding covert funding that may amount to many hundreds of millions of dollars.[40] Most of this money has been for the military and counter-terrorism; less than 10 per cent has been general development or humanitarian aid, including that for the 2005 earthquake in Pakistan-administered Kashmir and NWFP.[41] The UK, the EU, Japan and the international financial institutions have provided billions more in support, all of which has sustained the relatively high levels of growth in the past eight years.[42] But there have been very few efforts to bring about the moderate, enlightened society Musharraf promised.[43]
The Musharraf regime has even failed to take action against Pakistan-based Islamist radicals operating in Afghanistan and Indian Kashmir. In the Indian context, despite Musharraf’s repeated pledges to end all terrorist activity from Pakistani soil, the infrastructure of groups such as Lashkar-e-Tayyaba and Jaish-e-Mohammad remains intact. Banned by his government in 2002, these groups have been allowed to re-emerge under changed names. As the earthquake relief efforts in Pakistan-administered Kashmir in 2006 revealed, they still retain the military’s patronage.[44]
Critical to the West has been the refusal of the Pakistan military to bring Taliban activities under control, not just in the FATA but also in Balochistan’s capital Quetta and in NWFP’s capital, Peshawar.[45] Afghan Taliban leaders have been allowed to remain in these centres despite the heavy presence of Pakistan military and intelligence forces.[46]
More important to Pakistanis has been the failure to control extremism at home. At the Red Mosque in the heart of Islamabad, jihadis were able to stockpile weapons, violate the law and take police hostage all under the noses of the intelligence agencies. Violence has flared in Swat district, once a tourist area in NWFP. The largest segment of the popular vote in Swat eight years ago was won by former Prime Minister Benazir Bhutto’s PPP and the moderate Pashtun Awami National Party (ANP). After six years of rule by the Musharraf-tied six-party religious alliance, the Muttahida Majlis-i-Amal (MMA), Islamist extremists have appropriated the space created by the military’s marginalisation of the secular parties. The area is now dominated by extremists, with the military unable or unwilling to challenge their control.[47] The day after martial law was introduced, 28 jihadis, including three convicted on terror charges, were released in South Waziristan in exchange for 213 soldiers taken hostage in August.[48]
C. Resurgent Political Parties
Pakistan’s political parties have taken a beating under military rule.[49] Despite rigged elections, the exiling of their leadership and intense pressure on elected politicians to defect to the ruling Pakistan Muslim League – Quaid-i-Azam (PML-Q), the two national-level centrist parties, Bhutto’s PPP and Nawaz Sharif’s Pakistan Muslim League-Nawaz (PML-N), have maintained significant support. IRI polling in September 2007 showed that Bhutto and Nawaz Sharif both had higher personal approval ratings than Musharraf.[50]
Harsh security measures were used to prevent supporters from greeting Nawaz Sharif, and thousands of party workers were arrested countrywide, when the PML-N leader, exiled by the military government since December 2000, attempted to return home on 10 September 2007. He was held at Islamabad airport and immediately deported despite the Supreme Court’s August ruling allowing him to return.[51] Bhutto returned to a massive welcome on 18 October after eight years of exile. An assassination attempt killed 140 of her supporters as she travelled through Karachi. “The attack”, Bhutto said, “was to warn the people against exercising their right to participate in the political process….It is imperative for all of us to fight to save Pakistan by saving democracy”. It is dictatorship, she added, that “fuels the forces of extremism”.[52]
The MMA has certainly been the main beneficiary of military rule, forming the government in NWFP as a result of rigged elections in 2002, and joining a coalition government with Musharraf’s PML-Q in Balochistan. In a free and fair election, without the opportunity for military patronage, the MMA’s electoral performance would far more accurately reflect its limited constituency, which has shrunk even more by its association with Islamist extremism and the military regime and its failure to deliver effective governance. Musharraf’s PML-Q is a party of opportunists and defectors that will last only as long as its principal patron. Even its officials expect it will suffer significant defections to Sharif’s party if the PML-N leader is permitted to return.[53]
Scores of political leaders and thousands of political workers from the moderate parties have been detained countrywide since 3 November, with the numbers continuing to mount. These include the leaders of moderate parties such as PML-N acting president Javed Hashmi; PPP senator Aitzaz Ahsen; the leaders of the two moderate Pashtun parties, the ANP’s Asfandyar Wali Khan and the Pashtoon Khwa Milli Awami Party’s Mahmood Khan Achazkzai; and the leaders of the Baloch moderate parties, the National Party’s Hasil Bizenjo and the Balochistan National Party’s Habib Jalib Baloch. While these arrests continue, militants in such areas as Swat continue to operate freely, making a mockery of Musharraf’s claims that martial law was imposed to counter extremism.
D. Lawyers, Civil Society and the Media
The IRI poll showed that Pakistan’s lawyers and journalists are more highly regarded than its military.[54] The media has always challenged military rule and has defended its independence fiercely, winning for itself the approval of the Pakistani public. IRI’s findings, however, reflect a new respect for a superior judiciary that had condoned previous authoritarian interventions but has recently demonstrated a willingness to stand up to military pressure. Indeed the coup’s focus on these institutions indicates that the military considers them, along with the moderate political parties, the most serious challenges to its power.
Pakistan has also seen considerable growth in private media, particularly television channels. These have been kept off the air since 3 November, except for a few, mainly business-focused, channels that have clearly agreed to abstain from objective political reporting. Unless and until the government decides to close down the print media, however, the country’s vibrant press will continue to challenge military dictates and restrictions.
Lawyers were galvanised in March 2007 by the sacking of the chief justice. Protests across the country were the most significant demonstrations against military rule since Musharraf took over. Lawyers have been at the forefront of protests against the November coup, with thousands demonstrating in major cities.
Civil society also has a more considerable role. The Human Rights Commission of Pakistan (HRCP) has led criticisms of military policies, particularly disappearances of opponents in Balochistan, one of the issues that prompted Musharraf’s move against the chief justice in March.[55] An emergency meeting in Lahore of the HRCP immediately after martial law was proclaimed was broken up with force and its participants jailed.
The lawyers’ brave movement, the confident media and the growth of civil society, combined with long-established, experienced political parties that have retained their constituencies against all odds, represent a country that is ready for the end of military rule. Any policies, active or tolerant, by Pakistan’s allies that result in its prolongation will only serve to further destroy popular respect and support for the West.
IV. A Firmer response
Too often the U.S. and European nations, particularly the UK, have interpreted their interests as lying with those of the Pakistani military rather than the Pakistani people.[56] They have justified this by presenting entirely unlikely and apocalyptic scenarios such as extremists getting hold of nuclear weapons or the Islamist parties winning an election.[57] While thinking they were preventing the worst from happening, they have in fact allowed the military to indulge militants and undercut the democratic majority.
In his address to the nation on 3 November, Musharraf urged the international community to accept his draconian measures. “Please do not expect or demand your level of democracy that you have learnt over a number of centuries…please give us time”, he said. “Please also do not demand and expect your level of civil rights, human rights, which you have learnt over the centuries”.[58] Pakistan, he told the West, especially the U.S., the EU and the Commonwealth, was on the verge of destabilisation because of extremism and terrorism.[59]
The U.S. has expressed concern about Musharraf’s “extra-constitutional actions” and support, as has the EU, the UK and Canada, for the restoration of the democratic process, including free and fair elections by 15 January 2008. On 8 November, hoping to defuse international pressure,[60] Musharraf announced that general elections would be held on or by mid-February and that he would also quit as army chief but only after his hand-picked Supreme Court ruled on the validity of his October presidential election.[61] He updated his expected poll date to 9 January during a press conference on 11 November, the first since he imposed martial law, but also said the emergency would not be lifted; hence elections would be held under martial law.[62] While Musharraf’s move was seen in Pakistan as yet another attempt to retain power through unconstitutional means,[63] the U.S. was quick to welcome the announcements. “We think it is a good thing that President Musharraf has clarified the election date”, said a White House spokesperson.[64]
Washington and London must understand, however, that retaining Musharraf in a future Pakistani political dispensation through, for instance, an alliance with the PPP, is no longer a viable option. Instead, the international community must take urgent steps to stabilise Pakistan by immediately and robustly supporting a rapid democratic transition. Specifically, it must strongly urge Musharraf to:
q cancel martial law and restore fundamental freedoms;
q respect judicial processes and restore judicial independence, including by restoring to office the dismissed judges of the Supreme Court and other superior courts;
q respect rule of law and human rights and immediately release political detainees;
q give up his post of army chief when the parliament’s dual-hat approval ends on 15 November and accept the judgement of the restored Supreme Court on whether his October re-election to the presidency was legal;
q permit formation of a neutral caretaker government, in consultation with all parties, to oversee the polls, and reconstitution of the Election Commission of Pakistan; and
q allow free, fair and transparent elections to be held as scheduled, within 60 days if parliament completes its five-year term on 15 November or within 90 days if parliament is dissolved earlier, with participation of all political parties and leaders, including those in exile.
Pakistan’s military has a keen sense of how to survive. Without domestic support and legitimacy – since the overwhelming majority of citizens want democratic government – it seeks at least understanding and toleration abroad. This makes it vulnerable to outside pressure, particularly from the U.S. Washington’s assistance has been key in providing high technology weaponry and training as well as prestige and international connections. Pakistan could turn to China for some of this, as it has done in the past, but the military knows it would suffer, particularly with respect to the widening technological gap with India.
The military is more heavily involved in business within the country than ever before. Even if counter-terrorism objectives and assistance to Afghanistan might require continued cooperation with some military-run companies, the international community could easily impose targeted sanctions on other enterprises such as military-run banks and insurance companies and private security firms.[65]
Military rulers have used sanctions in the past to stir up nationalist resentments; to counter that tactic, any sanctions against the military should be tightly focused and balanced with an expansion of assistance that would benefit ordinary Pakistanis, who have long suffered from the misallocation of resources under military rule.[66]
Pakistan military leaders have also used the threat of withholding support in the fight against terrorism and the Taliban as a way to ensure continued support. In reality, their cooperation has been highly selective and is likely to decline under martial law as the government focuses on crushing dissent within the secular democratic forces and holding on to its own power at all costs.
Musharraf should be offered a graceful exit and strongly encouraged to restore the constitution and the judiciary. If he does not do so, a graduated series of sanctions should be imposed, with ample warning given to the government that further measures are being prepared. There should immediately be:
q suspension of high-level talks on military cooperation;
q suspension of new military training;
q review of military aid to distinguish what is essential for counter-terrorism (CT) from general military assistance; and
q establishment conditionality on all non-CT military assistance until constitutional order is restored.
If by 15 November Musharraf fails to restore the constitution, give up his post as army chief, release prisoners, restore the judiciary and commit to accepting its judgement on the legality of his new presidential term, this ought to be followed up with:
q a travel ban on Musharraf, the prime minister and cabinet and their families;
q a ban on new contracts with military-owned companies;
q a freeze on appointments of Pakistani officers to UN missions;
q a ban on new loans from foreign banks to the Fauji Foundation, the Army Welfare Trust and the Shaheen Foundation; and
q a suspension of non-CT military aid.
If these steps do not produce results within 30 days, these additional steps should be taken:
q the freezing of foreign military training programs;
q extension of the travel ban to all officers above the rank of brigadier general;
q a freeze on sales of non-CT military equipment and spare parts;
q a freeze on foreign assets of the military foundations; and
q restrictions on Pakistani banks handling military money.
Support for democratic institutions and functioning would empower the country’s moderate majority, thereby marginalising violent extremists. If the threats of terrorism from and within Pakistan are to be effectively countered, the international community must use its assistance wisely. It would be best served by offering a series of incentives, including market access and expanded financial support, to ensure that a democratic transition is stable and sustained. Enhanced support for poverty reduction, education and healthcare would benefit the people. Support for judicial reform, including assistance to bar associations and councils, political party capacity building and support for human rights organisations and media watchdog groups would strengthen democratic functioning. Such assistance would also help persuade citizens that the priorities of the international community, particularly the U.S., the UK and their EU allies, have finally changed from a partnership with the military to one with the people of Pakistan.
V. conclusion
Martial law will only bring more violence and instability to Pakistan. The imprisonment of secular leaders of civil society boosts jihadi groups. The targeting of moderate political parties empowers the Islamists. Censorship of the media makes the mosque more potent as a means of communication. The destruction of the institutions of the rule of law opens the door wider to extremism. Military rule has not brought peace to Pakistan in the past eight years; indeed conflict has worsened across the country. There is absolutely no reason to believe that its continuation in any form, including with a civilian façade such as might be created by rigged elections, would do better.
The time has come to take a principled stand that will benefit the real security, both immediate and long-term, of all who face the threat of extremism in Pakistan and elsewhere. Military rule has given jihadis the political space and support that has allowed them to prosper. The only way to tackle extremism effectively in Pakistan today is through a democratic government that has the legitimacy to move against it and the political means to find solutions. A return to democracy is essential for stability in Pakistan and security around the world.
Islamabad/Brussels, 12 November 2007
APPENDIX A

MAP OF Pakistan

[1] In June 2007, Crisis Group warned that any kind of imposition of rule by emergency decree would seriously destabilise Pakistan. See Crisis Alert, Pakistan: Emergency Rule or Return to Democracy?, 6 June 2007. See also Crisis Group Asia Report N°137, Elections, Democracy and Stability in Pakistan, 31 July 2007.
[2] “If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government, he may issue a Proclamation of Emergency”, Constitution of Pakistan, Article 232 (1).
[3] “I hereby order and proclaim that the Constitution of the Islamic Republic of Pakistan shall remain in abeyance”, text of emergency proclamation law, The News, 4 November 2007.
[4] Text of the Provisional Constitutional Order, Daily Times, 4 November 2007.
[5] Emergency proclamation law, op. cit.
[6] Constitution, Article 184 (3); Article 187 (1).
[7] The parliament’s five-year term ends on 15 November 2007. General elections must be held within 60 days. The Constitution states: “A general election to the National Assembly or a Provincial Assembly shall be held within a period of sixty days immediately [following] the day on which the term of the Assembly is due to expire, unless that Assembly has been sooner dissolved” in which case, a general election “shall be held within a period of ninety days after the dissolution”. Article 224.
[8] In the order, the seven-member bench “restrained” the “Government of Pakistan, i.e., President and Prime Minister of Pakistan” from “undertaking any such action which is contrary to the independence of judiciary”. It restrained the “Chief of Army Staff, Corps Commanders, Staff Officers and all concerned of the Civil and Military Authorities” from “acting on PCO”, and also restrained Supreme and High Court judges from taking an oath “under PCO or any other extra-constitutional step”. Text of the Order against Pakistan Emergency Rule, Pakistan Supreme Court, at http://thenews.jang.com.pk.banners/pco_scan.gif. The judges have refused to accept their dismissal.
[9] Crisis Group interviews, Islamabad, November 2007.
[10] On 30 November 2004, parliament passed an act to allow Musharraf to hold the dual offices of president and Chief of Army Staff until the end of his presidential term. “President to Hold Another Office Act, 2004”, Act No. VII of 2004, Gazette of Pakistan, Islamabad, Part I, 2004, pp. 177-178.
[11] Mir Jamilur Rahman, “Emergency saves democracy”, The News, 10 November 2007.
[12] See Crisis Group Asia Reports N°95, The State of Sectarianism in Pakistan, 18 April 2005; and N°86, Building Judicial Independence in Pakistan, 9 November 2004.
[13] Ansar Abbasi, “Justice Iftikhar tells “The News he will come back”, The News, 4 November 2007.
[14] Condemning violent police action in September against peaceful demonstrators during protest rallies against Musharraf’s controversial and then imminent presidential re-election, for instance, representatives of human and civil society organisations warned that it would harm the fabric of society and the future of the country. Zulfiqar Ghuman, “HRCP Chairman says Chief Election Commissioner was informed but did not act”, Daily Times, 30 September 2007.
[15] An eleven-member bench of the Supreme Court, headed by Justice Javed Iqbal, was hearing cases filed by a Pakistan Peoples Party (PPP) leader, Makhdoom Amin Fahim, and former Supreme Court Judge Wajihuddin Ahmad, contesting the re-election of President Musharraf on 6 October 2007.
[16] The constitution states: “All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court”. Article 190.
[17] M. Ilyas Khan, “Musharraf takes on Pakistan’s judges”, BBC News, 4 November 2007. See also Shahid Hussain, “64 judges refuse to take oath under PCO”, Gulf News, 5 November 2007; Muhammad Ahmad Noorani, “Majority of judges refuse to take oath under new PCO”, The News, 5 November 2007.
[18] Justice Abdul Hameed Dogar was appointed Chief Justice of Pakistan, replacing Justice Chaudhry.
[19] Refusing to accept the legitimacy of the new judicial appointees, the Pakistan Bar Council and the Supreme Court Bar Association have asked lawyers to boycott all courts presided over by judges who have taken an oath under the PCO and have also asked those judges to withdraw their oath. Supporting the ousted judges, the bar associations stressed: “We regard them as legitimate judges who should resume their duties and functions under the Constitution as and when physical impediments laid in their way by the Musharraf regime are removed”. Sohail Khan, “Pakistan Bar Council asks lawyers to protest till ouster of PCO judges”, The News, 8 November 2007. See also “Supreme Court Bar Association, Lahore High Court Bar Association ask lawyers to boycott PCO judges”, Daily Times, 6 November 2007.
[20] Constitution, Article 218 (3).
[21] ECP website at www.ecp.gov.pk.
[22] During the 2002 national and 2005 local government polls, the ECP was unwilling to or incapable of redressing complaints brought prior to the polls and on election day, as well as those brought with respect to rigged results. See Crisis Group Asia Briefing N°43, Pakistan’s Local Polls: Shoring up Military Rule, 22 November 2005; Crisis Group Report, Elections, Democracy and Stability in Pakistan, op. cit.
[23] Constitution, Article 184 (3).
[24] Presiding over the Supreme Court bench hearing petitions against Musharraf’s presidential election, Justice Javed Iqbal said that the court had jurisdiction to intervene directly if the general election was not free and fair. When the attorney general responded, “then it means that the Election Commission has no role in holding the elections, and you conduct the elections”, another judge on the bench commented, “if someone comes to the Supreme Court complaining that elections are not being held fair, then the apex court could intervene”. “Supreme Court can intervene if elections not free, fair”, The News, 1 November 2007.
[25] Text of Provisional Constitutional Order, op. cit.
[26] Opposition parties believe that more than 8,500 have been arrested, 5,000 from the PPP alone on the eve of the party’s aborted rally in Rawalpindi on 9 November. Official figures put the number at less than 2,000. “Arrests and fallout”, The Nation, 10 November 2007. See also “Pakistan’s opposition says 5,000 of its supporters have been arrested ahead of major rally”, Associated Press, 9 November 2007; Steve Graham, “Pakistan police to stop Bhutto rally”, Associated Press, 7 November 2007.
[27] Individuals detained at the HRCP meeting have since been released. Asma Jahangir is a member of the Crisis Group Board of Trustees. In a statement, Jahangir said: “We believe that Musharraf has to be taken out of the equation and a government of national reconciliation put in place. It must be backed by the military. Short of this there are no realistic solutions”. Emailed statement obtained by Crisis Group, 5 November 2007. See also Crisis Group media release, “Release Crisis Group Board Member Asma Jahangir: Return the Country to Its Constitutional Order”, 6 November 2007.
[28] Ordinance no. LXV of 2007, “An Ordinance to amend the Pakistan Electronic Media Regulatory Authority, Ministry of Law, Justice and Human Rights”, Government of Pakistan, Islamabad, 3 November 2007.
[29] Ordinance no. LXIV of 2007, “An Ordinance to amend the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002”, Ministry of Law, Justice and Human Rights, Government of Pakistan, Islamabad, 3 November 2007.
[30] “Threats to bomb media offices, kill owners slated”, The News, 8 November 2007.
[31] “PFUJ chastises raids on private TV news channels and FM radio stations”, Dawn, 5 November 2007; Nizamuddin Siddiqui, “Journalists reject media curbs”, Dawn, 6 November 2007.
[32] See Crisis Group Report, Elections, Democracy and Stability in Pakistan, op. cit.
[33] Perceptions of corruption in Pakistan have shown no change since 2001, according to Transparency International; see www.transparency.org.
[34] The International Republican Institute (IRI) polled 4,009 adults in 256 rural and 144 urban locations between 29 August and 13 September 2007. The margin of error is 1.58 per cent; see www.iri.org/mena/pakistan/2007-10-11-pakistan.asp.
[35] The question asked in the poll assumed that a state of emergency would be consistent with the constitution. It can be assumed that the manner in which Musharraf proceeded would have even less support.
[36] “When asked if they agreed or disagreed with the statement “I feel more secure this year than I did last year”, 23 per cent said that they agreed (down from 39 per cent in June) while 65 per cent said that they disagreed (up from 56 per cent in June)”. IRI poll, op. cit.
[37] See Crisis Group Asia Report N°125, Pakistan’s Tribal Areas: Appeasing the Militants, 11 December 2006.
[38] See Crisis Group Asia Briefing N°69, Pakistan: The Forgotten Conflict in Balochistan, 22 October 2007; and Asia Report N°119, Pakistan: The Worsening Conflict in Balochistan, 14 September 2006.
[39] See Crisis Group Asia Reports N°130, Pakistan: Karachi’s Madrasas and Violent Extremism, 29 March 2007; N°36, Pakistan: Madrasas, Extremism and the Military, 29 July 2002; and N°84, Pakistan: Reforming the Education Sector, 7 October 2004.
[40] See, among other sources, Craig Cohen, “A Perilous Course: U.S. Strategy and Assistance to Pakistan”, Center for Strategic and International Studies, 24 September 2007, at www.csis.org/ images/stories/pcr/070727_pakistan.pdf. Musharraf claimed in his autobiography that the CIA had paid Pakistan’s military hundreds of millions for turning over members of al-Qaeda. Pervez Musharraf, In the Line of Fire: A Memoir (New York, 2006). Estimated total economic, military and counter-terrorism assistance for fiscal year 2007 is $1.77 billion. For fiscal year 2008, the administration has requested almost that much, $1.7 billion, for Coalition Support Funds alone, its primary mechanism for reimbursing Pakistan for counter-terrorism activity. “Direct Overt U.S. Assistance to Pakistan, FY2001-FY2008”, prepared for the Congressional Research Service by K. Alan Kronstradt, 8 November 2007.
[41] Cohen, “A Perilous Course”, op. cit.
[42] The Pakistan government claims that the country’s “upbeat economic momentum remains on track”, with economic growth averaging 7 per cent in 2006-2007 and real GDP growing at an average rate of 7 per cent from 2003 to 2007. Economic Advisor’s Wing, Finance Division, Government of Pakistan, at http://finance.gov.pk/summary/EcoPerformanceFY07.pdf. This, has not, however, made many Pakistanis feel economically more secure. In the IRI poll, op. cit., more than half said their economic situation had worsened in the past year. When asked an open-ended question as to the top issue that would determine their vote in elections, 37 per cent said inflation, 20 per cent unemployment and 11 per cent poverty. Although GNP has risen under military rule, there has been little improvement in productivity, infrastructure or education.
[43] Musharraf’s first address to the nation, 17 October 1999, at www.presidentofpakistan.gov.pk/Speechaddress List.aspx.
[44] Maulana Masood Azhar has changed Jaish-e-Mohammad’s name to Khudam-ul-Islam and Hafiz Muhammad Said has changed the Lashkar’s name to Jamaat Dawa. See Crisis Group Asia Briefing N°46, Pakistan: The Political Impact of the Earthquake, 15 March 2006. See also Crisis Group Asia Reports N°130, Pakistan: Karachi’s Jihadi Madrasas and Violent Extremism, 29 March 2007; and The State of Sectarianism in Pakistan, op. cit.
[45] Pakistan is obliged under UN Security Council resolutions to tackle terrorism. Resolution 1373 (2001) calls upon states to prevent and suppress the financing of terrorist acts, suppress recruitment and eliminate weapons supplies, exchange early-warning information with other states, deny safe haven, prevent the use of state territories for terrorism, ensure perpetrators are brought to justice and ensure terrorist acts are established as serious criminal offences in domestic laws. Resolution 1566 (2004) calls upon states to ensure that such acts are punished by penalties consistent with their grave nature and become party to relevant international conventions and protocols relating to terrorism. Resolution 1624 (2005) calls upon states to criminalise and prevent incitement to terrorism, strengthen international borders and enhance terrorist screening and passenger security procedures and take measures to counter incitement of terrorist acts. In reference to the “Consolidated List” of individuals or groups associated with the Taliban or al-Qaeda, Resolutions 1390 (2002), 1526 (2004), 1617 (2005) and 1735 (2007) call on states to freeze financial assets of those individuals, prevent their entry into or transit through their territories and prevent the supply or sale of weapons and ammunition and military vehicles, as well as military training and technical advice.
[46] See Crisis Group Briefing, The Forgotten Conflict in Balochistan, op. cit.; Crisis Group Reports, Appeasing the Militants and The Worsening Conflict in Balochistan, both op. cit.
[47] Pakistani Taliban, led by Maulana Fazlullah, control three key towns in Swat district. The Taliban demands include enforcement of Sharia law in Swat and the rest of Malakand division and the withdrawal of all criminal charges against the militants. “Fazlullah’s militants seize another town”, Daily Times, 7 November 2007; Hameedullah Khan, “Swat militants free 48 militiamen”, Dawn, 3 November 2007.
[48] Any successful attempt to win hearts and minds of the people in FATA needs to incorporate a willingness to end colonial-era administrative and judicial systems by integrating the region into NWFP under executive control of the province and jurisdiction of provincial and national court systems and with representation in the provincial assembly. See Crisis Group Report, Appeasing the Militants, op. cit.
[49] See Crisis Group Asia Report N°102, Authoritarianism and Political Party Reform in Pakistan, 28 September 2005.
[50] IRI poll, op. cit.
[51] The Supreme Court had ruled that, under Article 15, Nawaz Sharif has an “inalienable right to enter and remain in the country” and asked the government not to restrain, hamper or obstruct his return. A contempt of court case regarding Sharif’s subsequent expulsion was being heard by the Supreme Court when Musharraf declared martial law. “Sharifs can return: Supreme Court”, Daily Times, 24 August 2007.
[52] Press conference, Karachi, 19 October 2007, at www.ppp.org.pk/news_events/oct/19-10-2007.html.
[53] Crisis Group interviews, Islamabad, October 2007.
[54] See IRI press release, 11 October 2007. “Over the past year, the Army has been the most highly regarded institution in Pakistan, according to IRI polls. In September’s poll, however, the Army slipped into third place. Although still rated very highly (70 per cent saying that they rated the institution favorably), this represents a 10-point drop from the June poll. Meanwhile, the media maintained its first place position (80 per cent favourable rating) while the courts jumped 15 points to 77 per cent and second place”.
[55] Chief Justice Chaudhry’s decisions in a number of cases had raised the possibility that the Supreme Court might rule in accordance with the spirit and content of the constitution on issues of particular sensitivity, such as Musharraf’s dual status as army chief and president and the use of the lame-duck assemblies as the presidential Electoral College. Crisis Group Report, Elections, Democracy and Stability in Pakistan, op. cit.
[56] The military, which numbers around 650,000, with another some 200,000 reserves and 300,000 in paramilitary forces, consumes at least 35 per cent of the state budget and approximately 3.5 per cent of GDP. Even these figures are misleadingly low, however, since major military expenses are included in the civilian budget, such as military pensions, allocations for paramilitary forces and the coast guard, military educational institutions and the Pakistan Atomic Energy Commission. The defense budget itself is a single non-transparent line in budgets presented to parliament: “to defray salary and other expenses”. Farhatullah Babar, “Demystifying the military spending”, The Nation, 12 June 2006. See also SIPRI Yearbook 2007: Armaments, Disarmament and International Security, Stockholm Peace Research Institute (Stockholm, 2007); and The Military Balance 2007, The International Institute for Strategic Studies (London, January 2007).
[57] For background, see Crisis Group Asia Report N°49, Pakistan: The Mullahs and the Military, 20 March 2003. In 2002 the Islamist alliance won just 11.3 per cent of the votes in an election heavily rigged in its favour. In a free and fair election, few people expect it would get much more than 5 per cent.
[58] President Musharraf’s address to the nation, Associated Press of Pakistan, 3 November 2007.
[59] In her statement, Crisis Group Board member Asma Jahangir said: “Ironically the President said he had to clamp down on the press and the judiciary to curb terrorism. Those he has arrested are progressive, secular-minded people, while the terrorists are offered negotiations and ceasefires”. She added, “We want friends of Pakistan to urge the United States administration to stop all support of the unstable dictator, as his lust for power is bringing the country close to a worse form of civil strife. It is now time for the international community to insist on preventive measures, otherwise cleaning up the mess may take decades”.
[60] The U.S. Congress is increasingly indicating a willingness to review or suspend at least some military aid to Pakistan. S. Res. 372, a resolution submitted 8 November 2007 by Senator Kerry on behalf of himself, Joseph Biden, Barack Obama and others, expressing the sense of the Senate, recommended that “United States military assistance to Pakistan should be subjected to careful review, and that assistance for the purchase of certain weapons systems not directly related to the fight against Al Qaeda and the Taliban should be suspended if President Musharraf does not revoke the state of emergency and restore the Constitution of Pakistan, relinquish his position as Chief of Army Staff of Pakistan and allow for free and fair elections to be held in Pakistan”. A similar measure H. Res. 810 also was introduced on 8 November in the House of Representatives by 21 members of Congress. Performance-based conditionality on both military aid of some $300 million and counter-terrorism related Coalition Support Funds already had been attached to the pending FY2008 funding bills moving through the U.S. Congress.
[61] Musharraf said, “the Supreme Court now has to decide, when they allow this notification (of his election results), that is the time when I can take oath as president and remove the uniform”. “Elections by February 15 at the latest: Musharraf”, The News, 9 November 2007.
[62] David Rohde and Jane Perlez, “Musharraf sets no date to end emergency rule”, The New York Times, 12 November 2007.
[63] Bhutto, for instance, insisting on the restoration of the constitution and reinstatement of the dismissed judges, dismissed Musharraf’s pledges as “vague and insufficient” and demanded that he give up the post of army chief on 15 November. “Ousted judges should decide Musharraf case: BB”, The Nation, 9 November 2007; Amir Wasim, “Benazir wants pre-emergency judges to decide cases”, Dawn, 9 November 2007; “This is too little and vague: BB”, The News, 9 November 2007.
[64] Anwar Iqbal, “U.S. welcomes poll pledge”, Dawn, 9 November 2007. See also “Musharraf sets no date to end emergency rule”, The New York Times, op. cit.
[65] The military’s heavy involvement in such enterprises deforms the economy. Targeted sanctions, therefore, would have the secondary effect of helping to free up Pakistan’s economy and make it more competitive.
[66] Even by official and inexact estimates, Pakistan’s expenditure in 2004-2005 was 0.6 per cent of GDP for health and 2.1 per cent for education, far less than for defence. “Economic Survey of Pakistan”, cited in Ayesha Siddiqa, Military Inc.: Inside Pakistan’s Military Economy (Karachi, 2007), p. 163.