Pakistans Permanent Revolution

Re: # 16

HP Sahib:

This is a flimsy reference. In no country an institution can be destroyed on the basis of such a reference, let alone in any democracy. Clinton could be impeached but not thrown out for lying to a grand jury.

CJ`s time is also critical. Therefore, if he used helicopter to visit some remote part and came back to his chambers to attend to important judicial matters, no one should be second guessing him. Let alone allow this flimsy reason to be used by the President to throw him out. This is such a waste of judiciaries valuable time and resources. On the prima-facie basis, if I were Justice Rana Bhagwan Das, I would reject it and reprimand executive for wasting SJC`s valuable time.

CJ returned BMW that is much better than the acts of those who are after him. I read somewhere that Punjab Chief Minister`s relatives have government vehicles parked outside their homes, and this article even gave addresses where those cars can be found parked.

Bush would not have been elected with his admission in Yale and Harvard with the grades he had. Even in Musharaff`s son`s admission at Stanford Business School, you really don`t want to know the reality hoe he got in, and what was his GMAT score.

Thatcher`s son`s business dealings in Africa to plotting a coup have been legendary. Even in China, Mao`s wife wielded extra ordinary powers. Let us not talk about Indira Gandhi`s son, Sanjay Gandhi.

Democracies are more tolerant, especially in South Asian family culture, you and I know such things are not even glanced. Seriously these are laughable reasons, real reason to throw him out is missing from the reference.

I do agree with you that lawyers should not let their movement mix with religious people. They should not demand or cause the downfall of Musharaff. They should only achieve complete separation and independence of judiciary, and as much transparency as is possible in Pakistan. Musharaff is a capable leader and should be allowed to run and hold fair elections. He should not be allowed to temper with the elections. CJ should be restored also. These acts will demonstrate that independent and separate judiciary and that too by a non-muslim is possible in an Islamic country called Pakistan.

This indeed would be a historic first mile for Pakistan`s march toward democracy.

Here is the reference against the CJ. On the face of it, they all look damning and if the CJ is guilty of even one offense, he should walk out of the court.

Start Quote
BEFORE THE SUPREME JUDICIAL COUNCIL, PAKISTAN
ISLAMABAD

Reference by the President, Islamic Republic of Pakistan under Article 209 of the Constitution

Respectfully sheweth:

The facts and circumstances necessitating this Reference by the president of the Islamic Republic of Pakistan (”Pakistan”) under Article 209 of the Constitution, briefly stated, are as under:

I. The Prime Minister of Pakistan on receipt of information, from several sources, with respect to the conduct of Mr. Justice Iftikhar Muhammad Chaudhry, the Chief Justice of Pakistan (hereinafter referred to as, “the learned judge”) was pleased to advise the President of the Islamic Republic of Pakistan to “direct” the Supreme Judicial Council of Pakistan, in exercise of its powers under Article 209 of the Constitution, to inquire into the matter and report to the President whether the learned judge has been guilty of misconduct and further, whether he should be removed from office?

II. The advice of the Prime Minister was, inter alia, based on the following:

Arsalan Iftikhar

1. Dr. Arsalan Iftikhar is one of the sons of the learned judge. As narrated in paragraphs 2 to 25, the learned judge committed misconduct by employing his position to gain undue advantage for Dr. Arsalan Iftikhar. To secure this end he committed and was responsible for the commission of a number of unlawful acts. That all the acts narrated in paragraphs 2 to 25 were committed as a result of his influence and on account of the demands made by him and the pressure exerted by him. He unlawfully used his position as a judge and Chief Justice of the Supreme Court of Pakistan influence, harass and intimidate all concerned and compelled them to act in an unlawful manner. Such conduct is unbecoming a judge and is particularly reprehensible in the case of the Chief Justice of Pakistan.

2. Dr. Arsalan Iftikhar sought admission to Bolan Medical College in the year 1996. Having secured 639 marks with an overall “C” grade in his Intermediate Examinations he could not be admitted on merit. The threshold being 750 marks. The Chief Minister of Balochistan was approached who nominated him, “for admission in 1st year MBBS class in Bolan Medical College, Quetta, against leftover foreign vacant seats/special seats”.

3. On 22 June 2005 Dr. Arsalan Iftikhar was appointed as Medical Officer/Demonstrator in the Institute of Public Health, Quetta.

4. On 18 July 2005, a few days after Dr. Arsalan Iftikhar was so appointed, the Chief Minister of Balochistan passed the following order:

“Dr. Arsalan Iftikhar, Medical Officer, presently posted as Demonstrator, Institute of Public Health Quetta be transferred and posted as Section Officer (Technical) in Health department with immediate effect in the interest of public service. Please issue notification.” [Emphasis supplied]

The Chief Secretary, Balochistan, to whom these orders were addressed, directed these to the Health Department on that very day (18 July 2005).

5. The Health Department on 10 August 2005 referred the case to the Services and General Administration Department (”S&GAD”) as the authority “for posting/transfer of Secretariat staff is S&GAD Department.

6. On 11 August 2005, in a Summary for the Chief Minister, the S&GAD pointed out that “no … post in Technical quota is available against which Dr. Arsalan could be considered for posting as Section Officer”. It was, however, pointed out that 07 posts of Section Officers against the “quota of initial recruitment are vacant”, the case for placing the requisition of these posts with the Balochistan Public Service Commission was being processed separately. It was “proposed that Dr. Arsalan Iftikhar be considered for posting as Section Officer against one of the vacant post as a temporary arrangement”.

7. On 15 August 2005 a notification was issued to the effect that Dr Arsalan Iftikhar Demonstrator in Institute of Public Health, Quetta, was “transferred and posted as Section Officer (Dev) in Health Department, against existing vacancy with immediate effect until further orders.”

[Emphasis supplied]. It may be stated that as was pointed out in the Summary to the Chief Minister, there was no existing vacancy. The 07 vacancies had to be filled by initial recruitment through the Balochistan Public Service Commission. What was proposed was that at best Dr Arsalan Iftikhar be temporarily accommodated against one of these vacancies, till it was filled by a suitable candidate by the Balochistan Public Service Commission.

8. Nine days before the notification of 15 August 2005 was issued, the Ministry of Interior, Government of Pakistan, addressed a letter on 6 August 2005 to the Chief Secretary, Government of Balochistan:

The services of Dr. Arsalan Iftikhar, BS-17 officer of the Health Department, Government of Balochistan are required to be utilized in FIA in public interest [Emphasis supplied]

2. It would be highly appreciated if you could place the service of Dr Arsalan Iftikhar at the disposal of the Ministry of Interior for posting in FIA.

On 13 August 2005, two days prior to the notification of 15 August 2005, the S&GAD, Government of Balochistan conveyed to the Ministry of Interior, Government of Pakistan, its “no objection for placing the services of Dr. Arsalan Iftikhar (Health/B-17) at the disposal of Ministry of Interior for posting in FIA. While this letter was either in the mail or had not reached the “right” hands, the Ministry of Interior sent a reminder on 16 August 2005.

9. On 5 September 2005 a notification was issued by the Ministry of Interior, Government of Pakistan. Dr Arsalan Iftikhar was transferred and his services were placed at the disposal of FIA for posting as Assistant Director (BS-17) in the FIA, on deputation for a period of three years, in his own pay and scale, with immediate effect and until further order.

10. On 9 September 2005, the Secretary S&GAD brought the matter to the attention of the Chief Secretary, Balochistan. On 13 September 2005 the Chief Secretary Balochistan on behalf of S&GAD issued a notification pursuant to the notification of the Government of Pakistan. On 30 September 2005 Dr Arsalan Iftikhar received charge of the office of Assistant Director, FIA at Islamabad. This was notified on 24 October 2005.

11. Within four months of his appointment as Medical Officer/Demonstrator in the Institute of Public Health, Quetta, Dr Arsalan a BS-17 officer, who had not even completed the mandatory period of his probation, was transferred and posted first as a Section Officer in the Government of Balochistan against a non-existent vacancy and then sent on deputation as Assistant Director, FIA, to the Ministry of Interior, Government of Pakistan, for a period of three years; all in the public interest. And this for a person who had appeared thrice in the CSS competitive examinations and failed each time.

12. Under Rule 8 of the Health Department, Government of Balochistan, Service Rules 1984, a person appointed to the service against a substantive vacancy remains on probation for a period of two years if appointed by initial recruitment. Dr Arsalan, having been so appointed, on 22 June 2005, his period of probation would have been completed on 21 June 2007.

13. On 22 November 2005 the S&GAD, Government of Balochistan moved a summary to the Chief Minister, Balochistan proposing confirmation in services of Dr Arsalan Iftikhar “with immediate effect against the substantive post of Medical Officer in the Provincial Health Department by relaxing Rule 8 of the Balochistan Health Department (Basic Pay Scale 16 and above) Service Rules 1984 for completion of probation period of 2 years.” On 5 December 2005 the S&GAD, Government of Balochistan issued a notification whereby the services of Dr Arsalan Iftikhar were confirmed.

14. On 22 March 2006 in continuation of its notification of 5 September 2005, the Ministry of Interior issued yet another notification, Barely within 5 months of having assumed the charge of Assistant Director FIA in BS-17:

Dr Arslan Iftikhar (BS-17) Health Department, Government of Balochistan Quetta is transferred and his services are placed at the disposal of Director General Federal Investigation Agency for posting as Deputy Director (BS-18) in FIA on deputation basis for a period of three years….(Emphasise supplied)

On 7 April 2006 it was notified that he had assumed charge of the office of Dy Director (BS-18) FIA on 22 March 2006. On 9 May 2006 by a letter issued by the Office of the Director General Federal Investigation Agency it was clarified as follow:

Now he has been upgraded as Deputy Director in BPS-18 with retrospective effect, i.e. from the date of initial joining as per notification dated 22-03-2006.

On 9 May 2006 the Ministry of Interior issued yet another notification in partial modification of its notification of 22 March 2006. It was stated:

Dr Arslan Iftikhar has assumed the charge of the post of Deputy Director /BS-18, FIA on 3rd September 2005 with retrospective effect.

15. This done, a campaign was launched to induct Dr Arsalan Ifitkhar in the Police Service of Pakistan. As BS-17 officer Dr. Arslan Ifitkhar could have joined the Police Service only through the competitive services examination conducted by the Federal Public services commission but being in BS-18 made induction possible and the FPSC route could be avoided. As a first step he was to be sent to the Police Academy for training with PSP officers all of whom had been selected by the Federal Public Services Commission. The training was exclusive to PSP officers.

16. On 19 May 2006, the Ministry of Interior addressed a letter to Commandant, National Police Academy, Islamabad, stating that Dr. Arshaln Iftikhar, Deputy Director, FIA, was attached with the National Police Academy for training with CTP batch. The Commandant was requested to attach the said officer for field training along with under training ASPs to cover catch aspect of the required training.

17. On 24 May 2006, the Ministry of Interior again issued a letter to the Commandant, National Police Academy, Islamabad, stating that after the completion of the specialized training programme at the National Police Academy, the services of Dr Arslan Iftikhar be placed at the disposal of Punjab Police for further posting at Lahore for his District Attachment Training.

18. Pursuant to the letter of 24 May 2006, the National Police Academy, Islamabad, on 27 June 2006 relieved Dr Arslan Ifitkhar, “for completion of remaining training programme of 32nd CTP, and directed to report to Elite Police Training School, Bedian Lahore on 02-07-2006 doing six weeks Orientation Course.” After completion of the course he was to “report to CPO, Punjab, Lahore for Phase III part of training which is six months Field Attachment”.

19. In the meantime, the Prime Minister’s Secretariat was approached for the permanent induction of Dr Arsalan Iftikhar in the Police Service of Pakistan in BS-18. On 16 May 2006 the Prime Minister’s Secretariat sought the views of the Establishment Division in that regard.

20. The UO Note of the Prime Minister’s Secretariat was also circulated to FIA. On 3 June 2006 the Office of the Director General, FIA, stated that, “neither FIA requisitioned his services, nor was involved at any stage for his deputation or district attachment etc.” FIA, therefore, expressed its inability to offer any views/recommendations on the UO Note.

21. On 23 May 2006 the Establishment Division noted that as per the PSP (Composition, Cadre and Seniority) Rules, 1985, “the request of the officer for induction in PSP in BS-18 is not feasible.” In a separate note the Establishment Division observed that Dr. Arsalan Iftikhar could not be inducted in the Police Service of Pakistan without an amendment in the PSP (Composition, Cadre and Seniority) Rules, 1985. Such an amendment could only be made with the approval of the President.

22. On 31 May 2006 the Secretary, Establishment, was called by the learned judge for a meeting at his residence. The meeting took place at 2100 hours. The observations of the Establishment Division were also communicated to him. The learned judge appreciated the aforementioned reservations but the meeting ended with the learned judge insisting on:

(a) the induction of Dr Arslan Iftikhar in FIA preferably in BS-18;

b) his subsequent deputation to the Punjab government without their specifically mentioning the post against which he will be posted; and

c) simultaneous initiation of a proposal to amend the rules to provide for induction of FIA officers in the Police Service of

Pakistan, and sought his son’s permanent induction in (BS-18) in the Police Service of Pakistan.

The Secretary, Establishment, communicated these demands to the Principal Secretary to the prime Minister, around midnight, the same evening. Soon thereafter the Secretary Establishment received a call from the learned judge saying that he had found a number of precedents of induction into various groups. On 1 June 2006 the papers were received from the learned judge. Later, the learned judge called the Secretary Establishment on the Green Line to enquire if the papers sent by him had been examined. The Secretary Establishment stated that it would take some time. The learned judge stated that orders of the Prime Minister be obtained by referring to these precedents. He was told that a written reference would be made to the Prime Minister’s Secretariat giving the precedents as well as the legal position. The learned judge responded that a written reference would “jeopardize the case and that this was part of a package and reference to the rules need not be made.”

23. The learned judge continued to “insist” that all concerned make the necessary changes and warned of “consequences” if his desires were not met. Due to the relentless pressure and the campaign of intimidation and harassment launched by him, ultimately a summary was prepared and submitted by the Establishment Secretary on 23 June 2006 to the Prime Minister for addition of a new “Rule 7-C” in the Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985. The amendment was tailor made for Dr. Arsalan Iftikhar.

24. Since then the learned judge has almost on a daily basis exerted all kinds of pressure on the Prime Minister’s Secretariat to secure the approval of the summary aforementioned and for the consequent induction of Dr. Arsalan Iftikhar as an officer in the Police Service of Pakistan as a BS-18 officer.

25. He also used his influence and authority to have Dr. Arsalan Iftikhar nominated to attend the 2nd Training Course in Combating International Terrorism and Organized Crime from 30 October 2006 to 3 November 2006 in Istanbul. He was the only non-PSP officer and the only under training person to attend this course.

26. The learned judge is entitled to one 1600 CC car, but he has contrary to the norms and rules on the subject secured the use of the following cars for himself at Islamabad:

i) Mercedes Bens 3000cc

ii) IDJ-166 Toyota Corona Model 1993 - 1300cc

iii) ODF 6828 Toyota Corona Model 1993 - 2000cc

iv) CIA-9 Toyota Corolla Model 2000 - 1300cc

v) GP-8695 Toyota Corolla Model 2002 - 1300cc

vi) IDM-7976 Toyota Corolla Model 2003 - 1300cc

vii) IDM-7977 Toyota Corolla Model 2003 - 1300cc

27. Besides these the learned judge has the use of a fleet of cars at Islamabad, Lahore and Quetta.

28. On more than one occasion demands have been made to the Chief Minister or Governor of the province which the learned judge is visiting to provide the cars for their own official use to the learned judge during the period of his stay in the province.

Protocol over and above entitlement

29. The learned judge insists on being provided protocol which has neither been ever sought by or provided to a Chief Justice. Besides an outrider to lead the cavalcade the demand is for a number of police vehicles to follow him. The men have to be from elite units. At times specific demands have been made for an officer not below a particular rank to act as an outrider. Traffic has to be diverted or stopped while the convoy travels from one point in the city to another at high speed. Such actions are completely unprecedented for a Chief Justice.

30. Demands have been made for senior bureaucrats not below a particular rank to receive him at the airport when he arrives in a provincial capital.

USE OF PLANES AND HELICOPTERS

31. The learned judge frequently demands the use of the plane or aircraft of a Governor or a Chief Minister to travel from one place to another or for a private visit to offer condolences or to attend a function. The learned judge is well aware that he is not entitled to the use of these aircraft and helicopter but is in the habit of making these demands frequently and secures these by insisting on these.

Para 32 deleted

33. For some time a BMW car registration No “RAZIA-1″ remained in the use of the learned judge and members of his family. The story hit the press and when it refused to die down the car was quietly moved elsewhere.

Judicial Conduct

34. There are complaints of orders being verbally announced in open court in favour of one party and subsequently a written order at variance from the order announced in court being delivered. Two such cases have acquired particular notoriety. In one of these two cases it is alleged that amounts as large as Rs55 million may have been involved.

Reports

35. These matters have been subject of general and uncontradicted public comment, press reports, magazine articles, media comments by senior and respected members of the bar and former members of the superior judiciary.

Entitlements

36. The learned judge used the influence of his position to gain undue advantage by “insisting on an increase and enhancement in his entitlements or in securing the relaxation of the rules in that respect.

III. In the light of, inter alia, the foregoing facts and circumstances, and after a thorough consideration of the matter the Prime Minister of Pakistan advised the President of the Islamic Republic of Pakistan to refer to the Council, for its report, the question whether the conduct of Mr Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan in the following matters namely:

(a) in using his position, office, influence and authority as a judge of the Supreme Court and Chief Justice of Pakistan to:

(i) secure the appointment of his son Arsalan Iftikhar as a Section Officer in the Health Department, Government of Balochistan;

(ii) to have his son Arsalan Iftikhar sent on deputation by the government of Balochistan to the Ministry of Interior, Government of Pakistan as Assistant Director, FIA in BS-17;

(iii) to have his son Arsalan Iftikhar confirmed in the service of the Health Department, Government of Balochistan, much before the expiry of the mandatory period of probation in violation of the applicable rules;

(iv) to have his son Arsalan Iftikhar upgraded as Dy Director, FIA, in BS-18 with retrospective effect;

(v) to make efforts to have his son Arsalan Iftikhar inducted in the Police Service of Pakistan in violation of the rules and/or to seek an amendment of the applicable rules;

(b) in seeking and securing official vehicles and transport for his use much beyond the sanctioned and permissible limits;

(c) in insisting on protocol to which he was not entitled;

(d) in demanding and securing use of helicopters and planes to the use of which he was not entitled;

(e) in accepting accommodation with a litigant before the Surpeme Court;

(f) in using the BMW car “Razia 1″;

(g) in writing judgements which were contradictory to orders announced verbally in open court;

(h) in insisting on entitlements or having rules relaxed for such entitlements;

constitutes a ground of misconduct on which the learned judge ought to be removed from the office of a judge of the Supreme Court of Pakistan and the Chief Justice of Pakistan.

IV: The President of the Islamic Republic of Pakistan is of the opinion that the learned judge may have been guilty of misconduct and therefore, is pleased to refer the question aforementioned to the Council for the purpose of conducting an inquiry into the matter and after such inquiry as it may deem fit report to the President its opinion whether the learned judge has committed misconduct and whether he should be removed from the office of a judge of the Supreme Court and the Chief Justice of Pakistan.

V. That the Prime Minister was further pleased to advise the President that besides making the reference to the Council the President may simultaneously, in exercise of his constitutional and inherent powers under the Constitution of Pakistan and all other power enabling him in that behalf, direct that as a reference would be pending against the learned judge before the Council it would be neither in the public interest nor in consonance with the norms of judicial propriety that he continues to perform the functions of his office as a judge of the Supreme Court or as the Chief Justice of Pakistan. This would be in consonance with past practices as well. For these reasons, till such time that the reference has been disposed off by the Council and final orders in the matter have been passed, the most senior of the other judges of the Supreme Court shall act as the Acting Chief Justice. The President has been pleased to pass orders accordingly.

VI. It is requested that this reference may please by taken up as soon as it may be convenient, an inquiry into the matter be commenced and the reference be disposed off as expeditiously as may be possible for the Council.

General Pervez Musharraf President, Islamic Republic of Pakistan

Through

Mr Justice (Retd) Mansoor Ahmed
Secretary, Ministry of Law, Justice and Parliamentary affairs Islamabad
Date: 9th March 2007

End quote

Re: # 17

HP Sain,

Spoken like a patriot. I salute you sir.

Sanatani

“This is a prospect that will be welcomed in the Western capitals as well. For long now Pakistan’s Military rulers have scared the west with the prospect of radical religious elements taking over the country in case of free elections. Such an outcome is unlikely when one considers that Pakistanis have always elected moderate and secular leaders and have rejected the clerics at the polls.”

I am not sure this analysis is up to the sniff. The way I look at it now, in any fair elections with in a year or two, Islamic parties would win in the Pakhtoon areas in both Balochistan and NWFP. That obviously does not give them majority at the national level still, they will remain a nuisance to deal with. It will take a massive investment by one or more parties to turn the tide in NWFP. Right now two major parties are not in a position to invest more in NWFP so they will end up giving the Islamic parties a walkover in NWFP. With strong support for Jamaat in the army, it would be hard to for a civilian government to deal with them.

I support democracy and all that in Pakistan but the forthcoming elections would actually turn NWFP in to a major battleground and there will be some spillover effects in the rest of the country.

In Pakistan elections don’t lead to democracy. The effort should be to create a consensus between the Army and the civilian leadership such as the PPP and Nawaz league to lead a coalition administration for the next five to ten years. Elections should only be a way to seal the deal at this time. Democracy in Pakistan needs a whole lot more than just elections.

I also think that Benazir would be a divisive figure and should not be encouraged to take over as PM. Election of Benazir would turn Sindh into a battleground state. There are so many land mines in Pakistan now that if things are not handled carefully, the country would plunge into a deeper crisis after the elections.

“The difference between a constitutional agitator and a rabble rouser is that a constitutionalist only takes to the street as a last resort and does so when pushed against the wall.”

This is just a cliché.


The effort to take the issues to the streets in Pakistan, means doing the spadework for another Army General who is probably already salivating at the prospects.

The Lawyers instead of going to the streets, should have tried to build a peaceful movement out of the whole situation. By going to the street, they have given the lead to the Islamic Parties. The Lawyers associations in Pakistan are full of Jamaat sympathizers and when they take over a movement, the only result would be another General taking over. I don’t have to explain this any further. If you pay attention to Pakistani political history, you would agree with me that demonstrations on streets would result in another coup and not democracy.

Manto mian,

Well-written. The only thing that was missing was MKG`s role in fomenting the current crisis.

(At stake is the future not just of Pakistan but the greater Muslim world as well, because if democratic institutions can sustain themselves in Pakistan, a nation central to the destiny of the Muslim world, we might see similar beginnings in other predominantly Muslim nations, ending the drought of thought and creativity in the intellectually morbid state of the imagined Ummat. )

This statement reminds me of the Indian Foreign Ministry`s opinions upto the early 1990s proclaiming from rooftop that Fourth World, illiterate, stone broke India was central to the Third World if not the whole world`s destiny. Pakistan is central to the Muslim world only geographically and in no other ways.

Besides, democratic institutions are taking root in many Muslim countries quietly- Bdesh, Indonesia, Senegal to name a few. No spectacular successes but a good deal better than Pak.

(Consider the turn of events that will likely follow: Independent judiciary means an independent election commission which in turn means free and fair elections.)

If the agitators do win the current round, one thing they must ensure is to instituionalise their success. For instance, similar to India they could press the political parties to move a constituional amendment that ensures that heads of judicial and quasi judical bodies (like EC) cannot be removed except thru a impeachment motion which requires 2/3 majority of both houses.

(Free elections would mean that secular and mainstream parties like Pakistan People`s Party and Pakistan Muslim League as well as smaller ethnic parties like Awami National Party and PukhtunKhwa Milli Party will be the clear winners whereas the religious alliance of MMA willl be the clear losers.)

A free election would also mean breaking up of the feudals ability to rig elections along with a redrawing of electoral borders to give greater reprsentation to urban areas. This would certainly have an adverse impact on PPP/ANP etc. and probably benfit PML (NS), MMA, MQM. Possibly even encourage Paki versions of SP/BSP/Laloo. Besides, I am not sure that the victory of the secular parties is necessarily a great thing- some of the biggest damage in India has been created by so-called secular parties.

(Justice Rana Bhagwandas is a top Pakistani judge with impeccable integrity who happens to be a Hindu )

The fact that he is a Hanud appears to be a big +ve with you, but to me a man who does ``Geeta path`` while his country is undergoing a first rate constitutional crisis hardly inspires any great confidence in me.

Regards

#16 HP

I cannot believe it. I know judges in India are a venal lot as well, worse in the high courts compared to the supreme courts but they tend to settle down once they head upstairs into the stratosphere.

Where did you get this list? is this public information?

Is there a way to know the qualifications and pedigree of all , who were admitted in professional colleges on prime minister/ chief ministers/ president reserved seats in last 8 years ? I can bet that this list will consist , only of sons and wards of politicians, generals and officials with academic standing far below that of Dr Arsalan.

Their is nothing unusual or unprecedented in Dr Arsalan`s admission in the medical college on reserved seat and transfer to police service. Rather, it is a routine and a granted right of the kins of all Generals, Politicians and high officials in the Islamic Repubic.

There are hunderds of cases where son and wards of high ups were trnasfered to lucrative civil posts through the back door and every one knows about it, to the extent that it does not even look like an irregularity in the governmental culture in the republic. I can recall a similar case of of son of General Abdul Majeed Malik, a stalwart of Q league now , who was admitted in the Army Medical College, trained as a doctor on public expense, granted an accelrated promotion to the rank of major, just a day befor he was transferred to DMG group in civil, to start his civil career in Grade 18.

It only shows how desperate the Government is to bring something against the CJ. I am surprised that model 1993 cars were being used by the CJ; Would someone care to mention the number, make and model of the cars in the use of the ADC`s and MS to the President ?

Re: # 16

CJ is the head of one of the trichotomy of power embedded in the constitution. If he is not given the protocol and traveling privileges of the heads of the other two (or even their minion like CMs) such as a car pool and helicopters, he has every right to demand the same in keeping with the dignity of his constitutionally guaranteed position.

As for his son, that`s all nonsense. Dr. Arsalan passed the provincial Public Service Commission exams and was appointed a section-officer in the Health Deptt in grade-17 (later promoted to the next grade). He was sent to the Police Department on deputation and it was a lateral move. Nothing extra-ordinary.

HP Sain,

(Islamic parties would win in the Pakhtoon areas in both Balochistan and NWFP. )

I presume that you believe that is a bad thing. Why so?

(Democracy in Pakistan needs a whole lot more than just elections. )

Very true. And incidentally that is true for other countries too.

(If you pay attention to Pakistani political history, you would agree with me that demonstrations on streets would result in another coup and not democracy. )

Even so, how does it make things worse. At worst you will have replaced one dictator with another. OTOH, if things work out fine, Pak would have instituted some form of constituional rule.

Regards

Chowk staff,

The title should be Pakistan`s .. not Pakistan....


BJKumar,

As usual... a number of irrelevant comments which should be ignored.... I am going to refrain from commenting on the freak you mentioned in the second last line of your post #7.

I want to point out you that this is not a discussion on the partition or formation of Pakistan, the facts of which are quite evidently too inconvenient for people like you that you get heartburn when I mention them.

Suffice to say both Pakistan and India were founded as independent dominions governed by the interim constitution called the Government of India Act 1935 read with and amended by the Independence of India Act 1947... Pakistan continued to be governed by this constitution till 1956... when the original constitutional draft of 1954 prepared by the constituent assembly was dropped in favor of the then Prime Minister Chaudhry Muhammad Ali`s draft... after the decision in Maulvi Tameezuddin case went against the Constituent Assembly.


No nation state is designed to be anything except a nation state. Nor are nation states formed on the basis of principles of government... but rather nationalisms or imagined identities i.e. cultural (which includes ethnic or religious) nationaism.... but constitutions are always there to dilute the founding and/or nationalisms to protect rights of citizenship of the state... be the nationalism ethnic, linguistic or religio-cultural... and all nationalisms can be equally exclusive.

If Pakistanis have chosen to call Pakistan an Islamic Republic by virtue of 1956 constitution or have a state religion by virtue of 1973 constitution... regardless of my own opposition to such a move, they have the right to do so provided they don`t infringe upon the principles of citizenship... principles which in my opinion have been violated... when I speak of a secular Pakistan it is about certain principles: all citizens equal before law, every citizen allowed to hold any constitutional state office, religious freedom. Whether that state calls itself Islamic Republic or secular Republic or Choo Choo ka Muraba does not concern me... after all in name, the United Kingdom is a Monarchy with its Monarch being the head of the Church of England... in reality the UK is a truly secular democratic state.

So you need to get your head out of where the sun don`t shine and understand that some of us are probably more aware than you are of issues that your less-than-room-temperature-on-a-cold-Alaskan-Day IQ does not allow you to fully comprehend.

This as usual has nothing to do with the dicussion at hand and if you had an iota of decency you would take the issue to a more relevant discussion board.

Kamath,

I don`t know where you got the idea that life in Pakistan is bad. It is actually quite nice.... really. However it is about our transition to democracy that I am talking about.

Anil,

Space constraints and irrelevance to the discussion did not allow me to tell the complete story. His personal agent Syed Maratab Ali represented the matter as his agent appointed through a special power of attorney, registered under the Registration Act of 1908. The matter ran its course. Regardless of what conclusions one draws... the issue is about the executive`s impartiality to judicial process... which in case the matter went in the Governor General`s favor would have implied pressure regardless of the transparency.
Constitutional experts don`t comment on ``normative`` issues I am afraid... but constitutional ones... wherein the King`s Representative was immune ...

#21 colonel: Good points. The de facto removal of the CJ is such an obvious pretext to remove a hurdle to his sham ``re-election`` as President!!

The only way Musharraf can undo the damage is to reinstate the CJ and acknowledge the supremacy of the Rule of Law in Pakistan which the military is morally-bound to uphold, not override. That is the only way he can hope to leave power (and that day arrives for all dictators and would-be kings sooner or later) with any respect from his countrymen or in history.

Musharraf has been the usual fauji - limited knowledge & an overdose of patriotism. Not necessarily a good combination. He learned the ropes while on the job - wasting 3 years by screwing up at Agra & then agreeing to the same. Kargil was another unmitigated blunder.

So what was good in him - he had a sense of humour, liked whisky & tamasha. Again not enough qualifications to be ruler!

During all his rule - he was scared of the Islamists. He only showed his courage against the secularists - be it PPP or Baluchi / Sindhi nationalists.

He is scared of those stupid seminry girl students who occupied the library but brave enough to dismiss the Chief Justice.

He is totally unfit to remain any more in the seat of power - he will only waste more years of this wretched unfortunate nation. He could go to hell for all that I care.

nhk

Re: Mantolives

``...British Royal Indian Army...``
There was no such entity. The official name was the `British Indian Army`.
CIAO
PS: Let us talk about Gandhi now!

HP/Majumdar,

I disagree with several things in your comments.

1. I am counting on Musharraf to not make the mistake Ayub did... and Musharraf is in a better position to avoid that mistake.

2. I am not pushing for Musharraf`s ouster... simply the independence of judiciary.

3. I don`t agree MMA would necessarily win NWFP and Balochistan in free elections. NWFP`s Mullah rule has been the result of the failure of imagination by All Pakistan Parties like PPP and PML as well as ANP`s refusal to grow up and evolve beyond the ethnonationalist politics it is so accustomed to... In the 1990s the All Pakistan Parties have failed to pay enough attention to making a base in NWFP... counting either on an alliance with ANP and/or Mullah elements .... i.e. PPP and Fazlur rahman ... PML(N) and Wali Khan in the 1990s.... the mainstream parties should make their own base in NWFP.... the proud pathan is sick of both the Mullah and the ethnonationalist.... and is ready to over throw both of them. PPP and PML (all factions) must strike now.

MMA`s success in 2002 may just be the result of Musharraf`s manipulation to keep the spectre of Islamic fundamentalism in front of the west to keep himself entrenched in Pakistan indefinitely.

Re: # 32

I guess it shud read like this:

Yasser, btw, are u blaming the victims i.e general public for the mess in ur country? How come there`s no stable middle class in Punjab and there`s one in Sindh and Jinnahpur i.e Karachi (Mohajiristan)? It`s the other way round, I think. Punjab is more posperous and by corollary must have had middle class b4 u had one in Sindh.

Leadership gives institutions to public & public themselves wud water & nurture them. Therefore empower the people so that they wud run the democratic institutions well. Pak army never allowed anything like democracy & it`s institutions but instead was promoting army as the only saviour of the country. Whatever facade of Legislature in Pakistan is just that i.e facade.

Even in India more than 80% people were illetarate and there`s nothing like middle class in 1947 or until late 80s. How come Indian democracy lived so long? I think it`s only by the voting power of the illetarate, poor masses & also bcoz no Indian Army General felt it necessary to usurp power.