Citizens Rising - Disruption to come, and then glory

The aftermath of the suspension of the Chief Justice of Pakistan is getting complicated. It's a free-for-all for the police, the government, the bar councils of the country, media, politicians and anyone's aunt.

Current situation:

1. Fighting on the streets of Islamabad; tear-gassing, shelling by police, and stone-pelting by people
2. Police attack on the Islamabad office of Geo News a couple of hours ago - prompting strong reaction from the Minister of Information, politicians, people, and of course the press
3. Exploitation of the situation by those who do nothing for Pakistan given a chance

It is TIME. It begins, as many say.

To me, it's not about one pillar of the state against another - the pillar being legislative, executive, judiciary, and media.

To me, it's about the Citizens vs. Everything Wrong with Pakistan. It's about the fact that the citizens of Pakistan have always been brushed aside by whoever had power - law, government, feudal lords, media, academia, the educated people, the wealthy, the resource-owners.

It's about have's and have-not's. And now, the people have a voice, and an emotional bank account in the red.

In the next few days, Pakistan will witness an un-stoppable rising of the unpolitical Citizens, rising only for Citizens' Fundamental Rights. Only time will show what will happen - we all have ideas which are better not expressed.

In a recent Q&A session after futurist Rohit Talwar's talk on Pakistan's Vision for the year 202o, I gave my opinion that within 30 years, Pakistan will be one of the few leading powers of the world. The conference was attended by business leaders and managers of Pakistan, and some expressed surprise at the idea.

I gave my anxious opinion only in private to those who prodded: my belief is that in thirty years, a new Pakistan, led by the youth of today, will have emerged on the map of earth. The IDEA of Pakistan will be stronger, and we will be on our way to great glory - which was always the fate of Pakistan. However, the anxiety was about the disruptive change that will have to occur before we reach that stage. Pakistan, as it is now, is not what the idea of Pakistan is. It is so far removed, that we will need to uproot ourselves from the current situation, and create a new world of our ideas.

My opinion is only of the doctor who sees a patient with advanced cancer, and must tell the truth. The recovery will require drastic therapy, followed by a lifestyle of rigorous health and responsibility.

I believe in Pakistan's future, though Pakistan's present is fraught with discord, and more will come. That is why, I wear a White Band, and not a black one to mark my feelings about the present.



E-mail: nextbyramla AT gmail.com

The Pakistanis' White Band Protest

Edit: to make post *sticky* I'm forwarding the date in time.

Last night, I decided to begin a private protest at the suspension of Justice Iftikhar from Office of Chief Justice of Pakistan, by wearing a white band. The idea was shared here, and blogger MB asked the important question:

Why not black [the traditional color of protest armbands], why white?

Why White Bands?
This is why, as shared on Karachi Metblogs:

I am wearing a white band because by God, no one will take my HOPE away from me. White is mourning, white is peace, white is hope, white is optimism (in my own ability - "my" meaning any band wearer), white is my belief that when we keep working at it - tomorrow will be better.

Actually, I have a feeling that it's "begun."

"Technically correct"? Tell that to the people!
The protest is not against the "technical" move. It is to represent a feeling of despair that we feel at the brusque suspension of Justice Iftikhar - with a possibility of his sacking - when he was giving important decisions largely in the favor of the people - the 98% of the Pakistan that is ignored.

Here is an allegory to explain the ground reality:

A boy sneaks into his home late one night after an outing. He father suspects a burglar, and clubs the boy on the head in the dark.

Point: It doesn't matter whether is was the family's son, or a burglar. What matters is what was perceived, based on which a (tragic) action was taken.

It doesn't matter how technically sound the suspension of the Chief Justice is. What matters is that across the country, the decision is viewed with suspicion and received with anger. And why not? When the Chief Justice made several decisions that were not going to sit well with the powers-that-be.

Demands of the White Bands Protest

So. As a common citizen, I protest. The demands of the protest are:

1. Tell us - the people of Pakistan - the truth about the Chief Justice.
2. Take people into confidence; the government must address the nation via TV, radio, print, Internet.
3. Give fair hearing to the Chief Justice.
4. Give credit to the fact he reduced the number of cases in hearing from 36,000 to 10,000.
5. Give credit that he took suo moto action not to have the pleasure of give pains to the lawyers and the police, but to give justice to the common citizen.
6. Give credit to Justice Iftikhar for taking tough decisions on such cases as the privatization of Pakistan Steel Mills, the inquiry in to the Karachi Stock Exchange crash, and report on missing persons, among others.
7. Give credit to Justice Iftikhar for being civil-minded, and caring for such things as: murder of people during basant; rights and respect of women; commercialization of public spaces; prisoner rights; and dubious development projects, among others.
8. Stop taking the people of Pakistan for granted. We are a party - a very large and vocal party - to important decisions taken in Pakistan. Respect our opinions and sentiments. Do not aggrieve us by consistently shocking us with one autocratic decision after another.

Before the decision of the Supreme Judicial Council of Pakistan comes on March 13th, the harm done by the high-handedness of this shock decision must be minimized by taking people into confidence.

We respect the courts of Pakistan. Above that, we respect the people for whom the courts are made.


Photo: I begun protest by wearing a white arm band.
Related link: White bands for Justice

E-mail: nextbyramla AT gmail.com

Justice Iftikhar's "irksome" decisions

While Naeem Bokhari twists in agony that the Honorable Chief Justice Iftikhar Chaudhry, currently suspended, was busy with matters such as Fundamental Rights which are unworthy of the Supreme Court in Naeem's opinion, Justice Iftikhar was also giving decisions on very high-profile matters.

Munaeem lists some key decisions here, which he believes "irked the government".

Latest on Naeem Bokhari:
Punjab Bar cancels his basic membership (urdu). Naeem prevented from entering the Bar province-wide.



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I Protest! The suspension of Justice Iftikhar from office...

In losing Justice Iftikhar, possibly forever as the Chief Justice of Pakistan, we have lost the Chief Petty Matters Officer of Pakistan, Supreme Chief of Petty Matters of Citizens' Fundamental Rights.

AND I PROTEST.

I protest at the manner in which the last hope of justice to the people of Pakistan has been rounded up. I protest that we the people were not taken into confidence - before or even hours after the incidence. I protest that just when Pakistani citizens have turned desperately hopeless of any formal institution, the Institution of Justice has been breached again at the supreme level. I protest that the Prime Minister made the move to suspend the Chief Justice on a matter more related to his son, not him. I protest because though the knock-out is technical, the reason behind is more sinister. I protest, I protest, and I protest!

I will keep wearing a white band on my arm until this decision is explained to the people to our satisfaction, and we can have hope that the Judiciary is safe. I will keep wearing the band - a sign of my mourning as well my resolution to see a positive change, reflected by the color white - until Justice Iftikhar has a chance to explain himself to those who he cared most about: small, petty people.

Bring the "Media Circus" on!

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Note: Post edited. Comment on Naeem Bokhari's letter moved here.

E-mail: nextbyramla AT gmail.com

Naeem Bokhari's pains: what did the now-infamous lawyer *really* meant

The suspension of Justice Iftikhar could not have come at a more suspicion-raising time. Elections are nigh, and the suspended Chief Justice shows a strong track record of speaking his mind. (Here and here.)

He halted the privatization of Pakistan Steel Mills. He investigated what brokers stood to gain from the crash of Karachi Stock Exchange. And he had time for the "smaller" matter of loss of life from wanton kite-flying.

A man, therefore, of many enemies. One wonders how is the record of the "Prime" accusers of Justice Iftikhar?

From the track record of the high-handed decisions of the present government, I fear that this decision of suspension will turn into one of sacking. After all, Pakistan may need it, like we need our territory to be attacked by foreign forces, no-answers-given.

Justice Iftikhar listened to the poor. The unheard. Under him, the Supreme Court of Pakistan (SCP) took self-initiated actions against the wrong committed to the citizens.

And a certain lawyer Mr. Naeem Bokhari thinks that the Justice's suo moto actions were actually part of his brusque behavior. Naeem Bokhari's infamous letter is here, and it pretty much makes up the (media) case against the Justice.

Naeem Bokhari is pained about the involvement of the Supreme Court in cases involving Fundamental Rights - he gives the example of how the Supreme Court got involved in the recovery of a female. Bokhari says that this is "media circus" - apparently a case much below the status of the high & mighty Supreme Court.

"The proceedings before the Supreme Court can conveniently and easily be referred to the District and Sessions Judges," suggests Mr. Bokhari, in obvious pain that the SCP is concerned with trivial matters related to the citizens. Mr. Bokhari makes no mention of the Steel Mills case and gives the impression as if the Chief Justice did nothing but scream at judges, terrify the police (for being lousy, Mr. Bokhari forgets to mention), and worry about petty issues. Justice Iftikhar was "petty" enough to worry about the rights and respect of women, as in the case of Pak Intl. Airlines' female crew.

Wow! Would the citizens of Pakistan involve the Supreme Court if district and sessions courts gave them justice? Where is Mr. Bokhari living on - Planet Awayfromearth? Does he not know that it has come to the point where people are setting themselves on fire outside courts in search of (social) justice? And does he not remember that the police are no sheep; they are inhuman to the extent of stripping a man half-naked and beating him up for wanting justice?

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Note: this post has been separated from the subsequent one, as Naeem's action is important to study on its own - being the de facto charge sheet against Justice Iftikhar.


E-mail: nextbyramla AT gmail.com

Poll: What do you feel about the removal of Justice Iftikhar from office?

I have created a poll on the story. It's in the right hand column.

Tell us what you think? Leave comments, if you have more on your mind.

Edit: old poll didn't work. Fixed with a new poll host.

E-mail: nextbyramla AT gmail.com

Not news, but views: What we think about Justice Iftikhar, and his removal from office

Now. The job of a blogger is not just to report events, but to speak what the heart and mind say.

Let me begin by quoting some of the work of Justice Iftikhar. A random search:

1/ CJ Iftikhar takes notice of intended commercialization of college space - Ayaz Amir

Converting my column regarding the intended commercialization of the open spaces of the Government College of Chakwal into a petition under Article 184 (3) of the Constitution, the Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudry, has caused notices to be issued to advocate-general Punjab and the administration of the college. DCO Chakwal has been asked for his comments. Hearing is set for this morning, Friday, before Bench Number One.

2/ IIBL depositors’ plea to CJ for justice

As the honorable Chief Justice who himself conducted enquiry of the scam, knows the plight of IIBL depositors and the brazen modus operandi of the incarcerated bankers. It is not secret that registrar Supreme Court itself deposited Rs. 493.498 million in IIBL in July 2002, which is the token of mistrust of SC upon IIBL management. It is learned through reliable sources that the families of Nadeem Anwar and Javed Qureshi have already left for Canada and they want to sneak through as and when they are out of jail through the clever appeal they made to CJ in an article that appeared in press on 19-07-06. [More...]

3/ Trafficking of girls

Islamabad police have confirmed to `The News’ that after directions from Chief Justice of Pakistan Iftikhar Mohammad Chaudhry, they have made significant progress in the case and have already arrested four accused including a “madam” of this gang, who adopted unique methods to transport these girls after breaching the so-called sophisticated systems of Nadra and passport departments by getting their fake identity cards and machine readable passports. [More...]

4/ Fettered Inmates

A Supreme Court full bench on Thursday expressed its displeasure over the Lahore district and sessions judge’s report informing the court that he had constituted a committee to look into the condition of more than 100 under-trial prisoners who were being reportedly kept in fetters in small Kot Lakhpat Jail cells for weeks, and in some cases even for months. [More...]

5/ SC takes suo moto notice of New Murree Project

The story of a "development" project. [More...]

6/ Take note of the Police

"The Punjab police’s negative role is hurting the government’s credibility. Gangsters are playing with the lives of the people and police seem to be silent spectators despite possessing all resources and privileges to counter crime,” the chief justice observed while conducting the suo moto proceedings of a case regarding Punjab’s high crime rate and the presence of different gangs operating without checks." [More...]


Civil Society
These are the matters relating to civil society on which the Supreme Court of Pakistan, under then chief Justice Iftikhar Chuadhry, took mostly suo moto (self-started) action. In fact, Justice Iftikhar has become popular with the citizens for his involvement in the civil society.

The Shock
The news has shock many in the corridor of law in Pakistan, and the people of Pakistan. Justice Iftikhar also took brave actions in the cases of the thwarted privatization of Pakistan Steel Mills (here and here) and an inquiry into the Stock Exchange crash (here and here) - and in both cases the name of Prime Minister Shaukat Aziz was implicated.

A Prime Link in the Stories?
As leading Pakistani media reported, President Musharraf removed Just. Iftikhar on the recommendation of Prime Minister Shaukat Aziz. And this is the murkiest part of the story, since the Prime Minister has been implicated in the cases of Steel Mill privatization and the doctored crash of Karachi Stock Exchange.

High-Handed Move by Musharraf
Another high-handed move by Musharraf, without the need to take the nation into confidence. After the serial attacks of Americans on Pakistani soil as in the case of Bajor, the secretive killing of Bugti, and the abduction of Pakistani citizens, journalists and activists in which the agencies are reportedly involved - comes another controversial decision from the President. To top things, this is an unprecedented constitutional move highly reminiscent of some of the actions that ultimately led to the downfall of Nawaz Sharif.

The People
We have lost what was probably the last resort of any form of justice in Pakistan. What more can be said?

It begins...



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Not Sacked, but "Removed" - the Chief Justice of Pakistan. Developing Story

There is confusion while it is widely believed that Justice Iftikhar Chaudhry has been "sacked" from his office of Chief Justice of Pakistan.

The media is hurrying to understand what the Constitution of Pakistan says on the matter. Meanwhile it is becoming clear that the Chief Justice Iftikhar Muhammad Chaudhry has not been "sacked," but "prevented from the office of CJ of PK."

Why? To prevent conflict of interest while investigation are underway on whether he misused authority.

The prime allegation, in the ironic lament of lawyer Naeem Bokhari is:

I am not perturbed that Dr. Arsalaan (your son) secured 16/100 in the English paper for the Civil Services Examination, that there is a case against him in some court in Baluchistan, that from the Health Department in Baluchistan he has shifted to the Federal Investigation Agency (FIA), that he has obtained training in the Police Academy, that he reportedly drives a BMW 7-Series car, that there is a complaint against him with the National Accountability Bureau (NAB).

My grievances and protests are different.

I am perturbed that the Supreme Court should issue a clarificatory statement on his behalf. I am perturbed that Justice (Retd.) Wajihuddin Ahmed should be constrained to advise you on television that “people who live in glass houses should not throw stones at others”. I am perturbed that the Chief Justice should summon Mir Shakil-ur-Rahman to his chambers on Dr. Arsalaan’s account.

I am appalled that you announce decisions in Court, while in the written judgment an opposite conclusion is recorded.

It is indeed tragic if true - for Justice Iftikhar has been shining as a beacon of hope to the civil society of Pakistan for his numerous suo-moto actions on the behalf of citizens.

One of suo-moto recent actions has been about "Missing Persons" - Pakistani citizens, particularly journalist and those involved with political action or activism, mysteriously disappeared.

This is indeed a disappointing news for the citizens of Pakistan who, until recently, had been relieved that at least there was one supreme institution in Pakistan with its ears open to the pleas of the common citizen.



Photo: Screen shot from Geo TV - Chief Justice (removed) Justice Iftikhar Muhammad Chaudhry explains his position in meeting with President of Pakistan Pervez Musharraf on the morning of March 9, 2007. His explanations on the investigation of "misuse of authority" against him were unsatisfactory, and he has been "stopped from" acting as the Chief Justice.


E-mail: nextbyramla AT gmail.com

Sacked or Removed? - The Chief Justice of Pakistan. What does the Constitution say?

The "removed" (sacked? suspended?) Chief Justice of Pakistan Iftikhar Chaudhry is presently in the Army House, reported by Geo TV.

Meanwhile, heads are being scratched over what the usually-wildly interpreted Constitution of Pakistan has to say on the matter.

Here is the related constitutional article, straight from the source:

The Constitution of the Islamic Republic of Pakistan : PART VII

Chapter 4: General Provisions Relating to The Judicature
Article 209

(1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.

(2) The Council shall consist of,

(a) the Chief Justice of Pakistan;

(b) the two next most senior Judges of the Supreme Court; and

(c) the two most senior Chief Justices of High Courts.

Explanation:- For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice ^[231][otherwise than as acting Chief Justice], and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.

(3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then

(a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and

(b) if such member is the Chief Justice of a High Court; the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place.

(4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority.

(5) If, on information received from the Council or from any other source, the President is of the opinion that a Judge of the Supreme Court or of a High Court,

(a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or

(b) may have been guilty of misconduct, the President shall direct the Council to inquire into the matter.

(6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion,

(a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and

(b) that he should be removed from office, the President may remove the Judge from office.

(7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article.

(8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts.

Original Story: Breaking News: Pakistan President removes Chief Justice


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