Tag Archive | "judicial crisis"

Justice, at last


ISLAMABAD: Pakistan Prime Minister Yousaf Raza Gilani pledged yesterday to restore deposed Chief Justice Iftikhar Mohammed Chaudhry and end a crackdown on activists.

Main opposition leader Nawaz Sharif welcomed what he called a historic achievement and promptly called off a “long march” that was to lay siege to the centers of power in the capital.

Gilani’s climb-down, in a dawn address to the nation, followed talks with President Asif Ali Zardari and army chief Ashfaq Pervez Kayani to end political uncertainty. “I announce today that Iftikhar Chaudhry and all other deposed judges will be reinstated from March 21, when the current chief justice retires,” Gilani said.

Zardari has come under massive domestic and foreign pressure to defuse a standoff with Sharif, who urged the masses to rise up against the government to demand that judges sacked by former President Pervez Musharraf be reinstated.

To further ease tension, Gilani said his government had decided to file a petition against the Feb. 25 Supreme Court ruling that banned Sharif and his brother Shahbaz from contesting elections.

“It is a historic day, a great day which will change the country’s destiny,” said Sharif from inside his car in Gujranwala, were he was showered with rose petals and mobbed by a sea of jubilant supporters. “Today, the nation has received very happy news. We had said that we will restore the independent judiciary, and by the grace of Allah, we have achieved it,” he said. “We are now calling off this long march,” Sharif said, following discussions with lawyers and political allies, including Imran Khan and Jamaat-e-Islami chief Qazi Hussain Ahmad.

Gilani also overturned a repressive government clampdown designed to foil the “long march,” ordering authorities to release all those arrested and declaring the immediate lifting of a ban on public demonstrations. “I want to congratulate the nation. Let us celebrate this with dignity,” said Gilani.

The prime minister later called lawyers’ leader Aitzaz Ahsan and “congratulated him on the restoration of deposed judges.”

The United States welcomed Gilani’s announcement as a move to “defuse a serious confrontation” and a “substantial step toward national reconciliation,” in a statement issued by its embassy in Islamabad.

But a spokesman for Chaudhry sounded a note of caution. “There have been so many broken promises in the past. A lot of mistrust has been created. We have to see the official notification,” Athar Minallah told reporters, stressing repeatedly that he was only expressing his own opinion.

“It’s the first time in the history of Pakistan that a movement launched by the middle class has proved successful,” said retired judge Tareq Mehmood.

Jubilant supporters waved flags and cheered outside Chaudhry’s home, and the grinning jurist briefly made an appearance on the balcony.

“No country can progress without an independent judiciary and the government — by restoring the chief justice and other judges — has also realized it, and we think it is a big success,” said Pakistan Supreme Court Bar Association chief Ali Ahmad Kurd.

Chaudhry was dismissed by Musharraf on Nov. 3, 2007, along with 60 other judges, 53 of whom have since been reinstated. The former military ruler feared the judges would declare him ineligible to contest a presidential election while in military uniform. He first fired Chaudhry in March 2007, but the judge was reinstated on a Supreme Court appeal.

Courtesy: Arab News

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The Cost of Confrontataion


Barely a year in office, the Zardari-led coalition government faces the first serious political challenge to its rule. A dangerous confrontation has been triggered by the Supreme Court’s decision to bar Mian Nawaz Sharif and Shahbaz Sharif from public office and Islamabad’s consequent imposition of governor’s rule in Punjab. This has all the makings of a perfect storm that threatens to plunge the country into deeper political uncertainty and a prolonged period of turmoil.

So far the greatest casualty has been the spirit of reconciliation that accompanied the return of democracy a year ago. The promise of mutual tolerance by the country’s two major political parties and long-time bitter rivals heralded a break from the fractious, zero-sum politics of the past. It signified that lessons had been learnt from a chequered history that had seen politics being reduced to an arena for sterile battles.

The pledge to work by consensus on the rules of the game was deemed essential and therefore enthusiastically supported by the public, for at least two reasons. First, because the enormity and complexity of challenges faced by the country warranted a national rather than a partisan approach. And, second, a spirit of mutual accommodation was necessary to consolidate the fragile democratic process itself after years of military rule. But it hasn’t taken long for that promise to be sacrificed at the alter of the ruling party’s bid to monopolise power.

Few believe the Court’s decision to exclude the Sharifs from power was taken independently of the Executive. Whatever the legal merits of the case, its political motivation seemed unmistakable, giving rise to the widespread public perception that the verdict was influenced by the Presidency. This impression was strengthened by the steps taken within hours of the Court ruling by the federal government: declaring central rule without even the pretence of offering the PML-N the chance of electing a new chief minister. The action supported the view that this was a premeditated power play designed to knock out the Sharifs before they had a chance to mobilise the Punjab government behind the much anticipated lawyers’ march and sit-in, planned to start on March 9.

This game of pre-emption has nonetheless raised the question of whether the Zardari-led government has engaged in classic overreach, biting off more than it can chew. The swift and strong public reaction, particularly across Punjab, compelled government figures to defensively characterise the Court decision as an “unfortunate” weakening of democracy. But such rhetoric rings hollow and has therefore received little public traction. Indeed, no official spokesman has offered a credible rationale of why executive rule has been declared in Punjab for two months. On top of this, ostensible offers of conciliation struck an even more unconvincing note and served only to illustrate official doublespeak.

Already the political war that has been sparked by these developments has turned intensely acrimonious and has manifested itself in noisy clashes in both Parliament and in the streets. This has prompted many commentators to warn of the dangers of a throwback to the Nineties. In actual fact the present situation portends much worse: one, because the daunting challenges and the international pressure the country faces are truly unprecedented, and, two, the country’s institutions are in much poorer shape, with the issue of the higher judiciary so divisive as to make the judicial process almost dysfunctional. For a sustainable democracy such profound divisions over fundamentals are not just deleterious but can thwart the process itself.

For now, public sympathies have swung decisively behind Nawaz Sharif. This has to be seen in the context of three facilitating factors. First, this is in part a function of the PPP-led government’s conduct and performance in office, which has so far not been distinguished by a display of either competence or a clear sense of public purpose. Increasingly, its very capacity to govern is in question.

Second, the public has correctly read the central government’s actions as flagrant disrespect for the electoral mandate in the country’s biggest province. By excluding the Sharifs from office, the PPP government has overlooked a fundamental fact: violating another party’s mandate begets disregard for its own and is tantamount to embarking on a course of self-destabilisation.

This in turn confronts President Zardari and his provincial satrap with the following dilemma. If the PML-N continues to demonstrate its parliamentary majority, Islamabad will be compelled to persist with, and even compound, the undemocratic action it has taken. But if the Punjab governor is able to cobble together a majority on the back of horse-trading, such an arrangement will rest on a precarious and contentious base, devoid of any legitimacy. In that eventuality the PPP will lose by winning.

The third factor that helps to explain why public sentiment currently favours Nawaz Sharif is the lack of credibility of the judicial process itself. This merits no further elaboration.

While the cards seem to have stacked up in Mr Sharif’s favour, his party risks losing wider public support if it strikes too aggressive a posture. Meanwhile, the PPP government’s standing has tumbled and its credibility has been seriously eroded. Above all, the entire episode has strengthened President Zardari’s growing reputation of becoming a polarising figure. His Punjab gamble has destabilised the province and further established him as a divisive leader.

Moreover, in seeking to make the president the country’s de facto chief executive he has caused friction within the political system and engendered institutional distortions. The Presidency has also mired itself in controversial political practices. Rarely in Pakistan’s history has a president presided over party meetings at Aiwan-e-Sadr. Such politicisation of the country’s highest office has no sanction by the Constitution, which envisages the president’s being non-partisan.

The governing style he has displayed is now widely believed to be constraining the country’s ability to seriously address its mounting problems. As a bitter showdown gathers pace, and the political temperature continues to rise, the dangers are all too apparent: With Punjab pitted against the Centre fresh strains can be injected into an already fragile federation; prolonged political confrontation that weakens democracy; and at Pakistan’s most dangerous hour, in the midst of deepening economic crisis and rising militancy, the country locked down in internal political warfare.

History remains a poor teacher in a country prone to repeating its blunders. The prevailing politically charged environment is all too familiar. But the stakes today are infinitely higher than ever in the past. The confluence of the burgeoning political crisis with a wider societal crisis of confidence confronts Pakistan’s current managers with an existential challenge which can be ignored only at great peril to the country. This means the country’s leaders face the moment of truth.

Unless they change course, the country will be driven over the edge, into uncharted territory, left divided, with no direction and also lacking the means to inspire public trust in government, any government.
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Judges restoration ends political deadlock: Kaira


ISLAMABAD: Information Minister Qamar-uz-Zaman Kaira has said that the restoration of judges has ended a political deadlock and created conducive atmosphere for national reconciliation. Addressing a news conference in Islamabad on Monday, he said now all the political forces should joint hand to work for the betterment of the country.

He said by ending the political deadlock the PPP government has taken step forward. He said all the four pillars of state should play their role while remaining with their parameters. He said all the political forces should go forward by forgetting their past bitterness to address the other challenges facing the country.

The Minister said the judges have been restored after consulting all the concerned quarters. He rejected any foreign pressure or third party pressure in this regard. He said by restoring the deposed judges, the government has fulfilled the promises made in this regard by Shaheed Benazir Bhutto, President Asif Ali Zardari and Prime Minister Syed Yousuf Raza Gilani.

He said it is a historic society. He said all segments of society including lawyers, civil society, and political workers took part in the movement for restoration of judges. He congratulated the national and also paid tribute to the PPP workers who sacrificed their lives in the struggle.

He pointed out that President and Prime Minister were committed to restore the judges. However, he said there is some delay in the decision because the PPP government does not want to remove any sitting judge before their tenure is completed. The Information Minister said the PPP government believes in freedom of press and will continue to pursue this policy in future. He suggested that media elders should themselves evolve a code of conduct for themselves.

To a question, Mr. Kaira said the government will take other political forces on board on Charter of Democracy to take the process the forward. Answering a question, he said notification for restoration of judges will be issues after completing the procedure in due course of time.

Replying to a question, the Minister said the issue of Governor Rule in Punjab will be resolved soon. Replying to a question the Information Minister said that Chief Justice Iftikhar Ahmed Chaudhry does not need to take fresh oath, because he has been restored on his post. To another question he expressed his regrets over the loss of property of some people during the course of the long march in different cities and said all arrangements were made to protect the life of the people.-SANA

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Restoration of deposed judiciary success of nation: Khosa


LAHORE: Pakistan Muslim League- Nawaz (PML-N) Punjab President Sardar Zulfiqar Ali Khan Khosa has said that the restoration of pre- November 3 judiciary is the success of whole nation and defeat of those who were terming the long march as the war for Punjab government. He said PML- N Quaid Nawaz Sharif participated in the long march after ignoring all dangers represented the sentiments of whole nation.

Talking to private TV channel, he said that the people who participated in the long march were 75 % youngsters which was a good sign for the future of the country. He hailed the decision of government to restore the deposed judges, adding that though it is a late decision but it is a right decision.

Zulfiqar Ali Khosa said that the present decision came out in the result of public pressure. He said that the whole country participated in the lawyers struggle for the restoration of deposed judges sacked by Musharraf.-SANA

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Lawyers’ leaders welcome judges’ restoration decision


ISLAMABAD: leaders of the lawyers’ movement hailed the PM Yousaf Raza Gilani decision of restoration of all deposed judges including Chief Justice Iftikhar Muhammad Chaudhry. Addressing a press conference Supreme Court Bar Association President Ali Ahmed Kurd said that the lawyers’ struggle which continued for last two years for the restoration of deposed judges finally succeeded adding that the reason behind the success of lawyers’ movement is their peaceful struggle.

Justice (Retd) Tariq Mehmood hailed the restoration of deposed chief justice and other judges adding that he had full confidence about the success of deposed judiciary.

Justice (Retd) Wajihuddin Ahmed also hailed the government decision showing some reservations about the mode of restoring deposed judiciary.

Meanwhile, another lawyers’ leader Athar Minalla hoped that the government would prove from its actions that the judiciary is independent in the country. He said that to bury the ideology of necessity forever is the need of hour adding that it would be injustice with democracy if the November 3 acts were indemnified by the parliament.-SANA

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Judges restoration to ensure promotion of democracy: Shahbaz


ISLAMABAD: PML-N leader Mian Muhammad Nawaz Sharif has expressed the confidence that restoration of judiciary would help provide real justice to common man and ensure promotion of democracy and strengthening of institution.

Addressing a public meeting at Gujranwala on Monday, he announced termination of long march and said the nation has achieved the target. He congratulated President Asif Ali Zardari and Prime Minister Yousuf Raza Gilani to bring out the country from the long crisis.

He said all political forces including Jamat-e-Islami, Tehrik-e-Insaf and lawyers community are on board in this decision. Mian Nawaz Sharif assured the President and the Prime Minister that his party would work with PPP for implementation of Charter of Democracy.-SANA

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Govt wants to resolve political crisis through dialogue: Kaira


ISLAMABAD: Federal Minister for Information and Broadcasting Qamaruz Zaman Kaira has said that the government wants to resolve the ongoing political crisis through dialogue. According to a private TV channel, addressing a press conference here Sunday, he said that President and Prime Minister have given a road-map for restoration of judiciary and to file review petition regarding the Sharif brothers’ case verdict.

Kaira said that long march and sit-in is disturbing the life of common persons in the country. “It is the right of the politicians and every citizen to protest. Freedom of expression, speech and gathering is also the right of everyone. But we have to avoid confrontation in present scenario.”

Kaira said that the government believed in the independence of media and freedom of expression.

“I assured that the government believed in freedom of media and it will not dictate anything to media. Media is free and should remain free as it was the policy of the PPP in the past and will remain the same in future too.”

He said the government is not pressuring the media. However, he urged the media to play a positive and constructive role. Kaira said it will be unjustified to blame President Asif Ali Zardari on the verdict of Supreme Court. The Minister said the government will soon file review petition after receiving detailed verdict of the court.

The government is ready to review whole judicial system under charter of democracy signed by Benazir Bhutto and Nawaz Sharif, he added. To a question he said the government is ready to form independent commission to review judiciary under Charter of Democracy (CoD).The recommendation of the independent commission will be accepted to the government, he added. To a question he said President Asif Ali Zardari will address the nation if it is required.-SANA

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No talks with Govt without restoration of judiciary: Nawaz


LAHORE: Pakistan Muslim League N (PML-N) Quaid Mian Nawaz Sharif has said no talks with government before restoration of the deposed judiciary. Nawaz Sharif asked the Prime Minister Gilani to come forward to solve the present crisis. He said that President Zardari had not sent him any offer for dialogue adding that there is no secret meeting of Shahbaz Sharif with PM Gilani.

Talking to the senior journalists at his Raiwand Farm, Nawaz Sharif said that he wanted reconciliation among political parties but for this President Zardari must have to fulfill his promises made with PML-N. He said that he wanted that President Zardari to complete his constitutional term of five years but it could not be possible without fulfilling the promises regarding the restoration of deposed judiciary.

He regretted over the behavior of Governor Punjab Salman Taseer adding that restrictions on media and imposition of section 144 could not stop people’s struggle. Nawaz Sharif reiterated his commitment to make success the lawyers’ long march on all costs. He hailed the role of media during the present political crisis in the county adding that his party wanted reconciliation but it would not conducted on the political grounds.

He asked the government to solve the present crisis before the country lead towards the mid-term elections.
Nawaz Sharif said that Chief of Army Staff General Ashfaq Kayani is trying to solve the present crisis in the country.-SANA

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Deposed CJ Iftikhar Chaudhry would be restored soon: Hashmi


RAWALPINDI: Pakistan Muslim League-N (PML-N) Senior Vice President Makhdoom Javed Hashmi on Saturday revealed that it was decided that deposed Chief Justice Iftikhar Chaudhry would be restored soon. He said that the lawyers and political parties were fighting for the future of forthcoming generations and would not leave Islamabad without restoration of deposed CJ Chaudhry.

Addressing District Bar Rawalpindi, he said that 170 million people of the country were now ready for revolt and the practical action was started today. Javed Hashmi said that the lawyers’ movement was being run from last two years which changed the destiny of the country.

He asked the lawyers to come on the streets on 16th march and participate in the long march with full enthusiasm as the whole nation is standing behind you. He said the whole nation would break the hurdles created by the government.

He asked President Zardari to handover parliamentary powers as he is enjoying the dictatorial powers which were gained by Musharraf in 17th amendment. He said Iftikhar Chaudhry is a savior of the country and his reinstatement it a matter of life and death for the nation.-SANA

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No expectations- Zardari cutting his own feet: Qazi


LAHORE: Jamaat-e-Islami (JI) Amir Qazi Hussain Ahmed on Saturday said that President Asif Ali Zardari was cutting his own feet by taking dictatorial steps. Addressing Lahore High Court Bar Association here, he said that President Zardari did not have courage to face justice; therefore, it was useless to attach expectations from him regarding restoration of the deposed judiciary.

He said that President Zardari was taking all steps to keep intact fake judiciary as he was afraid of independent judiciary that it might make him to face the corruption case which were removed through National Reconciliation Ordinance (NRO).

He said that his party and the lawyers would not accept only restoration of deposed Chief Justice Iftikhar Muhammad Chaudhry but the restoration of the judiciary on the position of November 02, 2007. The step of former President Pervaiz Musharraf taken on November 3rd, 2007 was unconstitutional as the superior judiciary termed the emergency as illegal on the same day, JI Amir said.

He said that deposed Chief Justice Chaudhry would not be able to provide justice to the nation after the induction of political judges by President Zardari; therefore, only restoration of pre-November 3rd judiciary would by accepted nothing else.

Qazi vowed that the long march and sit-in would be held according to the schedule saying all the efforts were being carried out to bring change in the system to provide speedy justice to the people. He strongly rejected the foreign involvement in the internal matters saying the foreign forces had their own interest and they wanted to set up a government here which could safeguard their interests.

Qazi said that the rumors regarding establishment of parallel Supreme Court were being spread to weaken the long march but such decision would not be accepted. JI Amir also criticized the imposition of ban on private TV channels saying that such steps would increase hatred feeling among the masses for the government.-SANA

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