The insignificance of judicial commissions
Yesterday was the first death anniversary of Osama bin Laden. Pakistanis assumed the role of victims following his killing due to the unprecedented incursion launched by foreign troops on our soil. But what remains a matter of concern is the knowledge that we were host to the world’s most wanted person. The incident jolted the world, but Pakistan in particular, because it added yet another feather to the capful of bad impressions Pakistan leaves on the world community. A judicial commission was formed to determine if negligence led to the national embarrassment. A year later, the commission has not finalised anything ...
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It’s the law, stupid!
Prime Minister Yousaf Raza Gilani’s conviction for refusing to reopen a corruption investigation against the president consequently made him the first serving prime minister in Pakistan’s history to be convicted by a court. In a country like Pakistan, the list of firsts seems never ending. Regrettably, most firsts don’t give our people an opportunity to gloat. And yet yesterday, the Supreme Court gave us a first we can, or let me rephrase, we should take pride in. Some would question my assertion of believing that we have good reason to revel in our prime minister’s conviction. But this is bigger than ...
Read Full PostA reporter’s eye: Inside the Supreme Court
Among heavy contingents of law enforcement agencies and hovering helicopters, a horde of people marched towards the Supreme Court yesterday. As they crossed countless walk-through security gates with special entry cards in their hands, they looked excited about catching a glimpse of the soon-to-be-convicted prime minister. While it is totally in keeping with local tradition to create such a scene, at the contempt hearing yesterday, goras (foreigners) too joined us at the forefront. Inside courtroom number 4, the environment was electric. All seats in the courtroom were filled hours before the proceedings began. Besides lawyers, the room was packed with federal ...
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Prime Minister Gilani: Gone in 30 seconds
The pictures were baffling. Once a verdict is announced and the gavel comes pounding down, a convict is supposed to be handcuffed and bullied away by a team of hardnosed officers. This one was waving his unrestrained hands and ushered into safety by his colleagues. Those guilty of serious crimes serve endless sentences languishing behind bars, gripping them as if they were the only ones listening. Prime Minister Yousaf Raza Gilani served his in the air conditioned comfort of courtroom number four between the moments when Justice Nasirul Mulk uttered the short order and seven pattaywalas (court ushers) in starched white uniforms ...
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Did you buy Mohammad Amir’s story?
I want to. I really want to. I want to believe that Mohammad Amir is an innocent 18-year-old boy who was set up by his friend and captain – his fixer. But I can’t. There are a lot of things about Mohammad Amir’s interview that are bothering me. I feel like we are being told a story that is not true. I feel like we, Pakistani cricket fans, are being lied to… again. Since the interview aired, I’ve heard a wide variety of thoughts from the general public and Twitterati. One section feels sorry for the kid and believes that he was truly ...
Read Full PostMissing prisoners: Skeletons with urine bags
For many the media is a watchdog, but some want to make it a scapegoat to achieve their short-term personal goals. The prevailing crises in the country have also increased the challenges for the media to maintain its credibility and impartiality. I have no words to highlight the threats made to media people by the Difa-e-Pakistan Council, or certain terrorist groups. But today I still have something to say. One of the country’s top lawyers, defending the prime minister in a contempt of court case, also accused the media of negatively portraying the issue. “Don’t get into this controversy, they are ...
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Is Gilani’s indictment good for democracy?
With the news that the Pakistani Supreme Court, in a widely expected hearing, indicted Prime Minister Gilani yesterday morning, it is becoming increasingly clear that the two national institutions, the judiciary and the civilian government, are headed for a full-on collision. Despite statements over the weekend, where the Prime Minister seemed resigned to losing office, there is little indication that a resignation from the PPP stalwart is coming any time soon. If Gilani is indeed destined to cede power, it will likely come at the behest of the Chief Justice Chaudhry and his court. As chaotic and unpleasant as the ...
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The limits of judicial review
The Supreme Court of Pakistan seems to be arrogating power to itself while targeting the executive. The problem here is is two-fold. The first issue is one of judicial review, and the limits of that tactic. The Supreme Court has asked the attorney general whether the government intended to dismiss the chief of Army staff and the director general ISI, and when answered in the negative, asked for a written response from the government to the same effect. This translates as a written guarantee that both the aforementioned figures will not be relieved of their posts. The prerogative for these actions in ...
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The president’s immunity
The question of whether President Asif Ali Zardari enjoys immunity against criminal or civil proceedings requires an analysis of Article 248 of the Constitution. This states that: Article 248 (1) : The president shall not be answerable to any court….for any act done or purported to be done in the exercise of those powers and performance of those functions. The article goes on to state that: Article 248 (2): No criminal proceedings whatsoever shall be instituted or continued against the president or a governor in any court during his term of office. Article 248(3): No process for the arrest or imprisonment of the ...
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Explaining the garlands for Qadri
You may argue that a large number of people in Pakistan condemn the assassination of Salmaan Taseer. But the truth, though bitter, is that many instead of condemning the heinous act of a murderer, condemn the verdict of the court which proclaims capital punishment for Mumtaz Qadri. There are campaigns running throughout the country that pay tribute to a murderer. Huge posters of Qadri, decked with Quranic verses and beautiful roses, are plastered all over and yet there is no one to remove such aberrations. Some believe that the reason for this queer phenomenon is illiteracy, and talk about it in a ...
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