Amjad Malik, Chair of Association of Pakistani lawyers (UK) condemned efforts to block long march and threats to national leaders of booking them under treason charges. Amjad Malik talking to news said that weaker advisors are under pressure and have no command and control over their frivolous statement(s) and undemocratic actions and that’s the very reason Zardari Govt is in this mess. Had he allowed his party leaders who worked with Benazir to act, the situations would have been far more different as they would have brought experience, governance and maturity in all decision making process due to past mentoring of the party leader and at this stage and the ultimate loss is of Zulfiqar Ali Bhuttoo’s party PPP, no doubtedly a representative of a Federation.

He quoted that ‘comments expressing disapprobation of the measure of Government with a view to obtain their alteration by lawful means or comments expressing disapprobation of the administrative or other action of the Government do not constitute an offence’, under s.124 A of the PPC (The Pakistan Penal Code 1860) and said the Govt must refer the other half of the relevant section too which allows lawful expression to later Governmental action by lawful means and Govt has not learnt a lesson from a treason case against Javed Hashmi and fabricated case against Yousaf Raza Gilani, and the results are obvious and where are those who booked them in those charges and see where are these who suffered as victims.

Sharifs are validly expressing their concerns over breach of promises not to restore deposed chief Justice, and improper imposition of Governor rule following their disqualification and they are protected under article 19 of the constitution of 1973 which is similar to Article 10 of the European Convention on Human Rights 1950 to raise awareness and exercise their right to express freely and struggle to overturn such unlawful actions, and there has not been violence used to advance their political aims as opposed to the kind of violence Govt party supporters and allies used on 12 May 2007 or after 27 Dec 2007 when billions of rupees worth governmental properties were damaged.

He said that Mohammed Ali Jinnah, the founder said in his address on 14 June 1948 to Staff College Quetta, that , “Never forget that you are the servants of the state. You do not make policy. Its we, the people’s representatives, who decide how the country is to be run. Your job is only to obey the decision of your civilian masters.” Quaid further said that ‘you are not aware of the implications of your oath’ to uphold law and constitution, and then he read the oath to them. Looking at the above it seems that Quaid e Azam prohibited the servants of the state to follow illegal orders and bids the civil masters not to issue ones at the first place. So a word of advice to rulers is to follow the ‘Charter of Democracy’ in its letter and spirit and avoid getting advantage on technical knock outs. Fair play is the need of the hour to allow this system to run.

He said I remind those who are forgetting COD that both parties agreed to hold accountability for previous miscarriage of justices, are ensuing and inciting further attrocities, lets see as in clause 13. (a) “Truth and Reconciliation Commission be established to acknowledge victims of torture, imprisonment, state-sponsored persecution, targeted legislation, and politically motivated accountability. The commission will also examine and report its findings on military coups and civil removals of governments from 1996”. And further on clause 21. “We will respect the electoral mandate of representative governments that accepts the due role of the opposition and declare neither shall undermine each other through extra constitutional ways”.

Its a sad happenings in Pakistan that we are opening the same chapters which Mohtarma Be Nazir Bhuttoo and Nawaz Sharif tried to close, and loss would be of tolerance and forbearance and of Pakistan. Rule of law, justice and democracy is the only antidote to military run Pakistan and sooner the Govt understands the better it is as otherwise both parties will be up against an other Musharraf shouting ‘go Mushrraf go’ and starting point of talks and mutual cooperation between both parties would be ‘Charter of Democracy,’ so before that time comes, those who are protector of the PPP must preach common sense and come forward and save their party, their leader’s pledge, their govt, civil rule and Federation before its too late.

About Amjad Malik

Amjad Malik has written 42 articles on this journal.

Amjad Malik, Solicitor–Advocate of the Supreme Court of England and Wales, life member of SCBA of Pakistan, a specialist in immigration and Human Rights Law. He is a member of Law Society’s Immigration Law Committee’, he was awarded ‘Young Human Rights Lawyer Award’ for the year 2000. In the year 2001,Young Pro Bono Solicitor’s Group also named him for the national ‘Young Pro Bono Solicitor Award’. On 28 February 2007 he was awarded by (UICF) United International Community Forum (UK) in recognition to his outstanding professional contribution towards service of Asian and British community in role model capacity where Chief guest was Mrs. Cherrie Blair. He sits on ‘UK Foreign and Commonwealth Office’s Pro Bono Lawyer’s Panel.’ He is UK representative on young lawyer committee of the International Bar Association & UK Director of Human Rights Foundation (USA) and is a current Vice chair of ‘Association of Pakistani Lawyers (UK)’.

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