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Dual nationality and hypocrisy

By Ayesha Ijaz Khan Published: July 15, 2012
The writer is a London-based lawyer and tweets @ayeshaijazkhan Things are bad in Pakistan. We have an exploding population, failing infrastructure, little hope for basic amenities or employment for the bulk of our people, a terrible law and order situation and rising militancy. So who do we blame? In reality, this is the result of a series of bad decisions and incompetence on the part of the military and civilian apparatus that has governed Pakistan over the years. However, it is far easier to scapegoat a small group rather than analyse the failings of entrenched powers. So we have decided that if only we rid ourselves of dual national parliamentarians, we will purge ourselves of those with dubious loyalty and be well on our way to progress. We are nevertheless confused if applying this rule simply to parliamentarians will do the trick, or if we need to extend it to judges, bureaucrats, army officers and the like. At the same time, we also keep reminding our dual nationals abroad that their money is welcome in Pakistan and we may also give them the vote. Its just that if they ever decide to contest for the legislature then their loyalty becomes an issue. Could there be a more hypocritical position? Different countries deal with dual nationality differently. Some disallow it altogether, others discourage it and still others celebrate it. Of those that allow it, the UK and Canada come to mind as very open and comfortable with the concept, with Canada even boasting a prime minister who had dual nationality. Nevertheless, before we look to other countries, we need to recognise that few countries are as dependent on dual nationals as Pakistan. Not only in terms of much-needed remittances but also funding and expertise for all major philanthropic projects in Pakistan are inextricably linked to support from its dual nationals abroad.
Because this has become such an emotive subject, the media largely plays to the gallery and it is impossible to hear the other side, at least on the electronic medium. I will attempt to dispel some of the fallacious claims that have been made regarding dual nationals in these pages. First, a big deal has been made of the fact that in order to become a US citizen a person must take an oath and pledge to bear arms for the US. Of the many Pakistanis that have dual American and Pakistani citizenships has any ever borne arms against Pakistan? I cant even think of one. However, I can unfortunately think of many single national Pakistanis who have killed Pakistanis in our bazaars and shrines, kidnapped them and looted them at gunpoint, raped women and abducted children. Curiously, however, I can also think of a dual national called Faisal Shahzad, who in spite of the oath, took up arms, not against Pakistan but against the US itself. This, too, is regrettable as violence in all its forms must be condemned, but the point is that a bureaucratic oath doesnt suddenly reshape allegiances. Second, much is made of the fact that remittances from the Middle East are greater than those from the West and the Middle East does not allow dual nationality. According to the Pakistan Institute for Legislative Development and Transparency (PILDAT), the remittances from the Middle East stand at 58 per cent. Thus, 42 per cent come from the West, which is nearly half. Moreover, the number of Pakistanis in the Middle East is many times that in the West so per person remittance is far higher from the West. In addition, it is incorrect to assume that everyone in the Middle East is a single national or that everyone in the West is a dual national. In fact, those with some of the best jobs in the Middle East who transfer the greatest amounts are often dual nationals of the US, the UK or Canada. Also very relevant is the fact that since the Middle East does not allow Pakistani charities to establish offices as the West does, organisations such as the Edhi Foundation, Citizens Foundation, Developments in Literacy and others are overwhelmingly remitting from the West. Hence, it would not be incorrect to assume that while remittances from the Middle East go largely to families, those from the West often go to philanthropic ventures. Third, it is preposterous to assume that dual nationals only live abroad. Many reside in Pakistan and have done so for years. Others have moved back recently. Their contributions are even more valuable in terms of providing key expertise as lawyers, doctors, dentists, etc. Dual national doctors have served as senior bureaucrats in public hospitals in Pakistan very effectively. If we decide that it is kosher for them to do private practice in Pakistan and serve the rich but not work in public hospitals, we will only be discriminating against the poor. Finally, much is made of the idea that a dual national will leave Pakistan if the country is in trouble. If this is true, then it will apply equally to those who are permanent residents of other countries, of which we have many more than simply dual nationals, who incidentally may not have taken an oath but have registered an intent to migrate to a foreign country. Moreover, these days anyone with money can easily get residency in another country whether it is Malaysia, Singapore, Canada, the US, the UK or the United Arab Emirates. We need to stop demonising groups and start building Pakistan. Prominent political scientist Robert Dahl measures the effectiveness of a democracy on two dimensions contestation and inclusiveness. While Pakistan may rank quite high on contestation since we openly condemn our leaders as corrupt and traitorous, we rank abysmally low on inclusiveness. It is very difficult to
break down the barriers to entry in traditional Pakistani politics. Some who may have overcome this may in fact be dual nationals as they would have had to leave the country to make their money and gain enough expertise to be valued by the traditional setup. Alienating this self-made group would be counter-productive. Dual nationals who have effectively been funding all major charities in Pakistan and single nationals who have worked in the field, at times risking their lives to do so, must work together to overcome our grave problems. Lets not doubt each others loyalty but deliver for the masses that have so little. Published in The Express Tribune, July 16th, 2012. Read more: dualnationality Comments (47) Share this article Related Stories

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14 Jul 2012Dual Nationality: Another MPAs disqualification sought 12 Jul 2012No federal cabinet member holds dual nationality, Senate informed 13 Jul 2012Is your spouse holding dual nationality, asks Senate 15 Jul 2012Judicial and political restraint should be exercised: Senator Raza Rabbani 15 Jul 2012Defending representational dualism
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Reader Comments (47)
Arifq Jul 15, 2012 - 9:42PM Reply Absolutely, 100% agree with the writer. Well said madam, but here lies the million dollar question, how will we change this exclusive club membership? Many have tried, perished or exiled, none has survived to tell the story! Recommend13
SharifL Jul 15, 2012 - 10:02PM Reply I am surprised that most of the writers take one side or another. But in life one should mention both the sides for the readers to make their own conclusions. Let us talk about India. The Constitution of India does not permit dual citizenship or dual
nationality, except for minors where the second nationality was involuntarily acquired. Indian authorities interpreted this to mean a person cannot have another countrys passport while simultaneously holding an Indian one, even the for a child claimed by another country as its citizen, who may be required by the laws of this country to use the corresponding passports for foreign travel (such as a child born in the United States to Indian parents). Indian courts have given the executive branch wide discretion over this matter. In 2005, India amended the 1955 Citizenship Act to introduce a form of overseas citizenship, which stops just short of full dual citizenship and is in all aspects, like Permanent Residency. Some countries, however, consider multiple citizenship desirable as it increases opportunities for their citizens to compete globally, and/or have taken active steps towards permitting multiple citizenship in recent years (such as Switzerland since and Australia. The bottom line is that each country decides what is best for it. This talk of Pakistanis remitting large amount of money has different reasons. Most of the people send money to support their families back home and not to be able to participate in internal affairs of Pakistan. It is true, however, that most of first pakistani generation dual nationals, are more attached to Pakistan than their country of residence. Recommend16
suraj Jul 15, 2012 - 10:20PM Reply whether non-resident Pakistanis need dual nationalities or not, the politicians must need to have it to escape from the country after accumulating and safely depositing billions of dollars in foreign countries to enjoy rest of life.. Recommend33
Javaid R. Shami Jul 15, 2012 - 10:25PM Reply Well said, Ms. Khan. Recommend3
DevilHunterX
Jul 15, 2012 - 10:56PM Reply The PPP Self Defense Force are working overtime to defend their corrupts. Why not make it simple? Only those Dual Nationals who have contributed 100 Millions dollars to Pakistan through either by sending to their families or directly into Pakistan may be allowed for Pakistan parliament. Recommend14
Salma Jul 15, 2012 - 10:59PM Reply this person continues to make far fetched comparisons like remittances etc to justify dual nationals to become law makers how irrelevant one can be! Maybe she fore sees future of many dual nationals in it. And now she goes a step ahead to call those who disagree as hypocrites. Yes what hypocricy when she instead of wanting the real men and women of Pakistan in the assemblies wants the foreign bred foreign educated lot. Its a pity she doesnt have a single argument for the rights of these ordinary women and men who should be representing (but dont) but for her own ilk. So the point she is missing completely is its not a matter of loyalties its more than that; we want the kind of change when real people of Pakistan who live Pakistan day in day out represent; not the foreign (dual) nationals nor the typical feudals. Recommend29
Ali tanoli 23 hours ago Reply Our thieves whether they are army or political parties or rich busnismen they transfered money to west or east not the dual nationals who transfers there hard working hard earned to pakistan to take care of there relatives now one can decide who are traitors ??? Recommend7
Umer 23 hours ago Reply You dont need dual nationality to run abroad; anyone with as much money as our politicians can easily settle anywhere. Most countries welcome such wealthy people in their midst. Recommend7
Parvez 23 hours ago Reply The argument being made by you is that Pakistan has multiple serious problems, let us focus on putting these right and not go into a fundamental issue of dual loyalty displayed by a person entrusted with making laws and privy to state secrets. When the late senior Mr. Z.A.Bhutto enacted this law he was very clear in his thinking. What you should be arguing is why this law has not been implemented for such a long time ? This is one of the serious problems and decidedly needed addressing. Recommend10
Abdulla diwana 23 hours ago Reply I am one who dont support dual nationality when it comes to elected representatives. If that is, who not confer Pakistani citizenship to Obama and make him President of Pakistan ? I am pretty sure he wont mind shifting to Pakistan after he is defeated in US elections. Dual nationality is like polygamy and does not do any good to either of the spouse. Love and patriotism can not be divided. Recommend8
Babloo 23 hours ago Reply
Ayesha makes some good points. I would add, you dont become a member of senate, or assemblies or a minister or a judge or a general just because you have dual nationality. For politicians you still have to be elected and the person would have to jump into the tumultous and uncertain political life of Pakistan , in many cases giving up the comfortable life of the west. People acquire foreign nationality for economci, employment reasons. Some of those people are extremely patriotic and honest. Why deny yourself their services if they are so desirous ? Do you ask a doctors before he operats you if he has dual nationality ? In case of Pakistan dual nationality may inject some rationality and balance to the politics. Recommend10
Ali tanoli 23 hours ago Reply @Babloo Tax free life and all the free luxeries in india and pakistan any Rich can migrate easlly. Recommend3
Abdulla diwana 23 hours ago Reply Author is trying to use the same marketing tools which British used to do while ruling India. If competence alone is the criteria, please auction the president ship of Pakistan to anyone from any country in the world. You will find many worthy candidates who will be willing to come over to Pakistan and become Pakistani (surely for the duration of residency and if not forever). Running a country is not like a Bollywood movie that you can have singers and actors from anywhere. Down with dual nationality when it comes to running the affairs of nation. I will prefer a relatively incompetent 100% Pakistani man/ woman to be the the president than a most competent dual national. Recommend11
Adnan Hussain 23 hours ago Reply
There are many points with which i disagree in the case of dual nationality it is good to give right of vote to overseas Pakistanis but in the case of becoming member of parliament it is not acceptable the reason is not the loyalty but the reason is we are not living in ideal sitution where we can say, if there would be case of national security the dual national parlimantarian will vote in favour of Pakistans interest we have tried shukat aziz who had intrest in pakistan just to become PM after that he left country Taj Hider contributed very great piece in this paper which gives real scence why should we should not support dual nationality bill he has quated ZA Bhutto and in my view todays PPP forgoten the words of bhutto but the founding members still remember this Recommend4
BADurrani 23 hours ago Reply The fact of the matter is you can not be 100% loyal to two countries. therefore elected and non elected government officials must be Pakistani citizens and hold no other nationality. The same rule should apply for any politician who wishes to be politically active in Pakistan. Recommend8
Pashtun voice 21 hours ago Reply Why dont you guys allow the electorate to decide if they want to vote for a dual national or not? Recommend5
irshad memon 21 hours ago Reply well argued article ,yet lacks justification fr allowing dual nationals to contest.though a few duals has sown seeds of mistrust in pakistan due to their dubious role in pakistan.They r mostly installed by politicians n military dcttors on lucrative posts .shaukat aziz,rehman malik,current finance minister n othr dual national legislatures.so
we should sortout these culprits frm others.here i also remind the writer that remittances shouldnt be issue as repeated.for instance any one cd argue that itz a pakistan whch gave thm nationality thrgh whch they r enjoying respect in foreign countries .so tht shdnt be argued as argued before.simply there shd be sme constraints n restrictions on dual nationals rathr than out rightly rejecting their right to contest elections in pakistan.i m of opinion that no good samaritan will thnk to contest election in near future.inlast ticket awarding party leadershp should be made responsible fr any misconduct of dual national legislature.constituition should be amended in tht respect . Recommend1
Selvam 18 hours ago Reply The dual nationality problem is similar for most nations. Allow it for normal citizens; forbid it for all higher public office holders in sensitive positions, including the army, police and the bureaucracy. Simple.Recommend3
Saleem 16 hours ago Reply Naturalization Oath of Allegiance to the United States of America: I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the armed forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God. So if a US Citizen of Pakistani origin has to take up arms against Pakistan then he/she will have no choice but to do so. So tell me one more time how you think that a naturalized US citizen can be considered loyal to Pakistan? Recommend7
Mirza 16 hours ago Reply I agree 100% with the author, thanks for a well written and logical Op Ed. For those who compare the working Pakistanis with the dual nationals in the West miss an imp fact. The big majority in M. East cannot keep their family with them that forces them to send money regularly to their families. On the other hand most in West have their families with them and still they send lot of money to Pakistan. I know ordinary working people in the US who give money to many people and causes regularly. Despite keeping their families with them they send huge amounts back home, yet these so-called traitors still call that home while enjoying a much better and safer lives with more rights than they ever had in Pakistan! To put it crudely the attitude of Pakistanis has been give us the money and just shut up. They do not want to learn how to stand up on their own two feet. They want fish regularly from the West including dual nationals but not ready to learn fishing. By not having a few dual nationals in parliament, the country would become a haven. The takehome lesson for the dual nationals is, forget back home where you are not welcome and enjoy life that God has bestowed upon you. You are suspect in Pakistan, please dont become suspect in your new home as well! Recommend4
Anonymous 16 hours ago Reply Very sensible article I agree and consider it hypocrisy that you can vote but you cannot contest. Egypt has law that if you have parent or child with dual nationality you cannot contest election. I am 1000% sure that if dual nationals were PPP voters all the hypcrites had been shouting on roof tops that dual nationals should should not be allowed to vote. Khalid Saheb yesterday had written nice article about that. I hope that government should copy Egypt law that citizens of Pakistan whose children have single or double foreign nationality should not be allowed to contest election in addition to current provision. Where is data that dual nationals are harming Pakistan where data other way round is available . Recommend
Ali Ashfaq
15 hours ago Reply Dual Nationals shouldnt be allowed to contest elections. This will stop importing the imported PMs like Shoukat Aziz etc Recommend3
usman 14 hours ago Reply Overseas Pakistani can vote in next election to party of choice and if someone of them want to become member he must renounce his /her citizenship. This is choice not compulsion. Those who dont want to take risk must not allow to paticipitate in election because somewhere in back of their mind there is fear about the future of country. Foreign nationality in that case is backup. Leaders live and sink with their people only rats on sensing( no doubt they have excellent sense) sinking of ship leave it as they have backup plan not the captain. Recommend1
Ali 14 hours ago Reply The American oath asks people to afffirm that they will bear arms for the state IF REQUIRED BY THE LAW. However, the law that allowed the American govt to conscript its citizzens into the army was scrapped in 1975. so now the US govt has no authority to force people to bear arms. for the state Recommend
Pakistani 13 hours ago Reply After reading the article, I still believe politicians should not be allowed to hold dual nationalities. Although it wont stop them from pursuing the agenda of maximizing their
wealth. But it still gives out a good message that your future is dependent on the future of your country. Recommend1
DevilHunterX 12 hours ago Reply Is Bilawal Zardari a dual national? Recommend1
Aammar 12 hours ago Reply i think we exaggerate everything,services of dual nationals citizens for Pakistan can never be denied nor someone is putting question mark on their loyalties eliminating few.As the democratic process is just started in Pakistan moreover perhaps country is passing through its toughest time its better that at least the executive posts in policy makers and defense related institutions must have only Pakistani nationals it ll be helpful to decrease ambiguity among common people of Pakistan.. Recommend2
Asif khokher 12 hours ago Reply Let us be rational, and three Points only: In general, Dual Nationals is not a issue, however, when they take oath in USA/UK and Pakistan both, then they are to be questioned that which one they take as priority. Pakistan has relations with USA/UK which can not be isolated, so while working in any capacity in Govt of Pakistan, how they can assure to Pakistani general public about their 100% sincerity to Pakistan before being elected?
Most of dual nationals have assets in the foreign countries. This is often stated by Imran Khan that any one wishing to be elected to Pakistani Parliament must have all assets in Pakistan. So how dual nationals can assure Pakistanis in this regard ? If Dual Nationals can pledge that they will live even for 10 years in Pakistan after being elected to parliament then should be welcomed. Recommend2
Ammar 12 hours ago Reply @SharifL: Irrespective of the reason why they send money back home, the bottom line is they are sending billions back. Comparing Pakistan with other countries is not justifiable, every country is different from the other. A lot of people compare Pakistan with India but they do not realize that India is not a new country and existed before 1947, the Indian decent people are all over the world since British Raj time. Countries like South Africa, Kenya, Trinidad, Fiji, Malaysia, Singapore have sizeable Indian population living there from early 1900s so if India has a strict dual nationality law it makes sense. No country will allow millions of people coming back and claiming nationality because their great great grand father was a national. Pakistan is a 67 year old country, Pakistanis who initially migrated from Mirpur and Jhelum to UK were encouraged by the then government and there were reasons behind it. Recommend1
Ammar 11 hours ago Reply @Salma: The ordinary Pakistanis have elected two pakistani parties to power in last 24 years, PPP and PML N. I assume that ordinary Pakistanis in 1988 knew that Benazirs english was better than her Urdu and she was westren educated, they also knew in 2008 that Mian Nawaz Sharifs son lives in London and has a massive business set up over here. Ordinary Pakistanis also know today that Bilawal Bhutoo Zardari has sepent most of his life abroad and is very westrenized, those following Imran Khan also know that he has two british sons, so please dont talk about ordinary Pakistanis. They dont care about dual nationality. Are you planning to participate in elections? will you vote for any of the
above mentioned parties? if yes then please stop complaing, If no then please register your own party and ask ordinary Pakistanis to join it and vote for you. Recommend
Muhammad Panah Gohar 11 hours ago Reply I agree with madam! that all remittances come from foreign countries, she coded the Canadian prime minister even hold dual citizenship that is great! but Pakistan is developing country and political authorities is the hand of corrupt landlords, no supremacy of law, therefore dual nationality is not allow for the politicians. Recommend
Lala Gee 11 hours ago Reply @Author: In stead of commenting to each of every point of your article which have already been thoroughly answered in several op-eds and news articles, I ask you only one question. Why it is so difficult for the dual nationality holders to forfeit their acquired second nationality before taking the oath of a Pakistani Parliamentarian, if the sole objective is to serve your country of birth. Recommend3
Jugnoo 10 hours ago Reply very good piece of article Recommend
Mustafa Kamal Khan
10 hours ago Reply Well, you cant label a person with a dual nationality as a traitor or someone who will escape the country in case of trouble nor can you say that a person with a single nationality will be loyal to the country. Sorry to say, Ms. Khan only theoritically discussed the issue of dual nationality by giving examples of developed countries. She failed to realize the intention of those that want this change in legislation to allow dual nationality, which is sensed by the loyal countrymen. Wish you could think common to what a middle class person opines! Still, i would say your article was quite informative :) Recommend
Anjum Kiani 9 hours ago Reply How on Earth can the US Oath off citizenship & Oath to take office in #Pakistan be reconciled with eachother! Dual nationals from many nations can be called for military service & training at any time PakDualNationals should be given all facility to participate in Pakistan apart from holding Public office Allow dual nationality..allow right to vote but deny right to take any office of Oath until nationality is given up The issue is not to measure the patriotism & contributions of #PakDualNationals. It is to stop a conflict of interest Btween various natnls. Due to the Possible Conflict of Interest , the #PakDualNationals should morally refuse to refuse to participate in the Election Process. Is it not strange that the party that is pushing for the bill their leader Zulfikar Ali Bhutto said : expatriates are loyal neither to their country of birth nor to the country of adoption. They are loyal only to their own narrow self interests Recommend1
Hamid 9 hours ago Reply People who leave their country for greener pastures due to lack of chances, suffering, insecurity or for better economics facilities will leave the country again as they were not able to cope the problems at the prime of their lives and passports which is their safety insurance card. A weak individual and who left the others in suffering can not lead the country and can not imagine suffering of people who are passing through on daily basis. Hence, they should not even dream to become legislators. Recommend1
bilal khan 8 hours ago Reply The million dollar question is, how do we bring the dual nationals to justice? Once they are not in power, they pick their suitcase and go outside Pakistan. Despite repeated attempts, we could not bring Hussain Haqqani and Mansoor Ejaz to the courts. My questions is simple. If need arises, will the other country cooperate to ensure dispensation of justice? Recommend
Muhammad Hafeez 8 hours ago Reply @ Author: You can only mention two countries who allow dual nationals to become member of their legislative, but both of them allow only those nationals who did not obtained the nationality of any other country after obtaining the nationality of their country, for them the last oath of loyalty is what that matter. Recommend
Salma
8 hours ago Reply @Lala Gee: why would she its conflict of interest Recommend2
Manoj Joshi 7 hours ago Reply The issue of dual nationality is becoming apparently a point of discord within The Islamic Republic of Pakistan. Indeed the nation is passing through a difficult phase in terms of economic and constitutional parameters hence the issue of dual nationality is apparently being used as a pretext to divert their national attention. This shadow boxing is a common political phenomena in every nation as and when needed and Pakistan is no exception. The writer Ayesha Ijaz Khan has rightly pointed out that using dual nationality as a tool to blame the non-resident people of Pakistan would not be appropriate and justified as it is their money that has added to the exchequer of the state. The United States of America and The United Kingdom have many people from Pakistan living who are enjoying the dual citizenship status but they have been contributing towards the economic progress of their nation too and this needs to be understood by their federal government. However, this remains an internal matter of The Islamic Republic of Pakistan and hence it will be best for their Federal Government to decide and enact comprehensive acts in accordance. Although the writers opinion that making an issue of dual nationality if renounced will be in the national interest of Pakistan. Recommend
Kanwal 7 hours ago Reply Dual nationality and hypocrisy The problem is, the masses dont want the corrupt elite of pakistan to have safe havens other than pakistan. They already have amassed enough wealth to secure themselves anywhere in the world. They cant have enough, can they? I dont want dual nationals in my assemblies, big posts, courts and in armed forces. No way
Recommend4
Nazakat Ali 7 hours ago Reply 100% Disagree with writer.Recommend2
Asad Baig 7 hours ago Reply Very Well Written Article.Pakistan has been Destroyed by Single Nationality Holders politicians i.e Corrupt Politicians.Those who are saying that those having Pakistani nationality are sincere towards Pakistan,please explain why have the Single Nationality people have looted and plundered Pakistan Right, Left and Center for 65 Years.!!!This does not hold true in Pakistan at least,I am seeing this loot and plunder of Pakistan for more than 3 decades(over 30 years) by these single nationality holders!!! We should stop Fooling Ourselves and Others on False claims.History of Pakistan is exact opposite of this,Single Nationality Holders have already sold Pakistan many times in the last 65 years and they want to take out every drop of blood what ever is left on claiming they are sincere towards Pakistan.No Sincere Pakistani Will Buy this!!!They have looted and plundered Pakistan at will. Actions speak louder than words!!! Dual Nationality people are mostly honest,sincere people and they Love Pakistan More.They are thousand times better than our corrupt politicians who have single nationality!!!.Dual nationality people can serve Pakistan in an honest and better way than those having Pakistani nationality,who only want to loot and plunder Pakistan.These people(Dual Nationality) have already been screened out by the western countries of their character/honesty.Alas Our Corrupt Politicians Who Have No Love For Pakistan Will Never Allow Honest and Sincere people to Rule Pakistan so that they can continue their Loot and Plunder of Pakistan Forever. Recommend2
Bakhtiar Wain 6 hours ago Reply The analogies used in the article have no relevance. Considering US allows China to buy their bonds (which essentially is a bailout as China is the single largest accumulator of
US treasuries), would US law allow dual nationality Chinese to participate in presidential elections? Having said that, every individual can have a point of view and the job of legistlature is to crystallize laws by deliberating and debating all options. The dual nationality issue in Pakistan has two disctint set of problems which need to be handled separately. First one is penalising an individual who lied under oath knowing fully well that dual nationality disqualifcation law exists; dont think one can have any sympathy to such deliquents. The second problem is deliberating whether the law is fair or not; parliment has absolute right to amend any law and its the right of everyone to give arguments to support ones cause. However working on amendment in haste or as a reaction to protect disqualification of lying parlimentarians is not really the right legislatory spirit. Recommend3
Anticorruption 5 hours ago Reply A very good piece. Most of the leaders that have misruled Pakistan (be it generals or politicians) were Pakistani citizens without any dual citizenship. Moreover, even now, someone like Zardari or Bilawal does not need dual citizenship to escape the country. Nor do I see a person like Hussain Haqqani ever getting hindered by such a thing. What a restriction on dual nationals holding public offices will do, however, is to block those who genuinely want to come back and give something to Pakistan by telling them that they are no longer welcome unless they give up all their career and financial security they have so pain stakingly built. Will the people who are ranting and raving against dual nationals guarantee that someone who returns to the country, gives up their foreign passport and brings all their assets to Pakistan in order to get a certificate of patriotism from them not be seriously burned for their efforts? Its not that we dont have a history in this regard. Over the decades, many expat Pakistanis have tried returning to Pakistan in order to serve their country but ended up being badly frustrated and harassed. Expecting people to give up their career and financial security is not only unfair but also a very bad management practise (no organization or system can prosper in this manner). Recommend
Lala Gee 5 hours ago Reply @Asad Baig:
Nobody here is saying that dual nationality holders are less patriotic. The real problem with dual nationality holders is legal and ethical than anything else. The legal issue which author being a lawyer totally ignored is taking the oath as a member of Pakistan parliament in which you pledge your total unconditional allegiance with the state and constitution of Pakistan. Now the legal and moral question is how can you take the oath of a Member of Pakistans Parliament while you have already sworn your allegiance with another country. This is clearly illegal and unethical because by doing so, you are committing an act of dishonesty, cheating and lying Recommend3
Lala Gee 5 hours ago Reply @Bakhtiar Wain: Very logical comment. Recommend
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SEPARATISTS and nationalists, secular political party workers, settlers, Hazaras, policemen, civilians killed by landmines and IEDs is anyone safe in Balochistan anymore? The last few days and weeks have seen the front pages of newspapers filled with stories of all shades of violence in the province, whether sectarian, Islamist, political or ethnic. The Awami National Party has been the latest victim, but the day before the Kuchlak blast saw the discovery of the dead bodies of six miners likely settlers from Swat and dozens of Hazaras have been killed this year. Alongside these stories have been running reports of the Supreme Courts persistent efforts to get security forces to produce missing people in court and restore law and order. But the SC has done about as much as it can, and its limited success so far points to the real roadblocks standing in the way of peace in Balochistan: the issue of missing persons requires a political solution spearheaded by a committed federal government and accompanied by a change in the mindset of security agencies. Underpinning all of this will have to be a genuine resolve to address the concerns of Baloch nationalists and even separatists; measures like Aghaz-i-Huqooqi-Balochistan are important, but will not be enough. Prime Minister Gilanis government had made feeble attempts to bring Baloch leaders to the negotiating table, and the new prime minister has made a similar effort through his call for talks in Quetta yesterday. But nothing has come out
of such rhetoric in the past, and there will be no movement until capable interlocutors with contacts and respect among Baloch leaders are given a concrete mandate to launch talks in a meaningful way, through back channels if necessary. That would also provide a basis to ask security agencies to rein in their zeal to disappear people with real and imagined links to separatist activities. When it comes to the broader law and order problem, however, the provincial government has a larger role to play, and is failing miserably. It is true that the Raisani government has limited room to manoeuvre; despite, for example, repeated declarations that the Frontier Corps should report to the provincial administration, most recently at the end of May, the organisation is widely perceived to operate outside civilian control. But policing is also inadequate, failing to prevent the kidnappings and killings of settlers and Hazaras, and provincial lawmakers are perceived as being corrupt and more concerned with personal feuds than the provinces law-andorder and development problems. Along with the federal government, they continue to let the people of Balochistan down.
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Safi 1 day ago The fact of the matter remains that all the problems in Balochistan seek their roots from the establishment's overhandedness in the political matters. It goes without saying that the issue of Balochistan is a political one and, therefore, should be thrashed out by political forces rather than the apolitical ones. To substantiate the foregoing statement, it is enough to quote the Irfan Hussein's article's reference which says Balochistan saw a 30 percent rise in the growth of maddrasshas from 1999 to 2011. All these maddrassahs produce best recruits for banned outfits
and they specially focus the Baloch belt to systematically radicalize otherwise a secular people. Secondly, the recent attack on ANP's workers is also from the 'strategic assets' of Pakistan who are well-camped in Khuchlak as refugees without having proper documentation. Thirdly, the estranged nationalist were once part of the assemblies. The staunchest of whom, Nawab Khair Bahksh Marri, was part of National Assembly during constitution making process in 1972-73. But, what happened that pushed him and his likes to a point of no return is an open secret to all. In brief, all the issues plaguing Balochistan directly or indirectly get linked with apolitical forces who wield all the power in province and mishandle it gravely through sheer power of gun. In fact, they see everything with a security prism and suspect everyone who may otherwise be a fine patriot and thus turning him to the other side. In brief, all the issues of Balochistan can be solved in matter of seconds if the apolitical forces are depoliticized and the matter is brought to the mother institution--parliament. There is no other way either with separatist or the establishment to solve the issue other than the parliament and fullest de-militarization of the province. Reply 1 reply active 1 day ago 0
Michael Robbins 1 day ago Who are the apolitical forces? Stop the 'zulm' (oppression) from Jhelum. Reply +1
Muneer 1 day ago Ok,but it is also importent that the state is not seen as rewarding and appeasing those who take up arms against the country,carry out insurgency and kill innocent people.Presently the courts and at times government seems to be doing exactly that.While taking up the case of missing persons ,the courts should also ask police about investigating the alleged crimes committed by them and consider that as well; instead of one sided approach of blaming LEAs.Otherwise ,it would encourage more people to take up arms. Reply 1 reply active 1 day ago 0
Safi 1 day ago It is a grave misfortune on the part of the Pakistanis that we never look into the causes of a festering wounds. Court is trying to locate the cases against the citizens of this country who are exterminated without any cases being lodged against them and without any cases being made
public. Court is also trying to find out the forces who have become self-proclaimed law, executors and the judges which is sheer violation of the constitution of this land. Reply 0
B R Chawla 15 hours ago The Bloch are a brave people. They wish to live with dignity with status at par with other nationalities in Pakistan be it Punjabi, Sindis, Sairakis, Pakhtoons or others. The are very broad minded and kind hearted just as the are very bold and fierce soldiers. They would happily live in Pakistan if only they have an opportunity to fulfill their political, economic and social aspirations. Time is running out. Please change your hegemionalistic mindset. Make amends and stay together for the welfare of Pakistan at large and Baluchistan in particular. Chawla Reply
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Getting priorities straight

By Saroop Ijaz Published: July 14, 2012
The writer is a lawyer and partner at Ijaz and Ijaz Co in Lahore saroop.ijaz@tribune.com.pk Suppose for a moment that the Constitution of Pakistan is unanimously amended by the Parliament and an article is inserted saying, from here on in all military takeovers/coups are declared illegal and treasonous and no court of law shall legitimise such a takeover. Highminded as it would be, one needs to be fantastically gullible or hopelessly optimistic to believe that mere tinkering with some legal provisions is all that is required for uninterrupted democratic governance. This may seem odd to you coming from someone who makes his sustenance on legalese but law is not really all that it is made out to be and especially not what our media would
lead (or perhaps, like) you to believe. Firstly, a military coup is by definition extra-constitutional (or to quote the Supreme Court from the past meta/supra-constitutional) and hence, it will be merely another clause violated and on most occasions, the khakis are not overly concerned about constitutional nuance anyways. Secondly, the courts would read such an article as creatively as they desire since interpretation is, admittedly, their prerogative. However, the hypothetical article would serve some purpose insofar as it will make it more embarrassing for the courts and maybe even for the military adventurers, although they are generally immune from such petty sensibilities. The new Contempt of Court law is going to be struck down as being unconstitutional. I think one can say this with a degree of certainty that the only significant question is when and not if. I can understand and might even go so far as to empathise with the desire of the Federal Government to amend the Contempt of Court law, yet the manner in which it is done is neither desirable nor sustainable. We live in a society where far too much deference is showed to far too many people and judges being the primary beneficiary. One of the most amusing yet egregious examples of a recent contempt of court is when an Honourable Judge sentenced a senior government official for looking at him inappropriately or aggressively. The use of temperate language to criticise the judiciary (or anyone for that matter) is a welcome move. However, the grant of extended immunity to everyone covered under Article 248(1) of the Constitution is not a solution and without a constitutional amendment is very likely to be held as being unconstitutional, and perhaps rightly so. The ostensible self-righteous and muscular posturing and infringement into Parliaments domain by the Court has to be resisted, but here is exactly how not to fight it. My primary objection is to the manner in which the law was passed in a matter of minutes without meaningful debate. To many neutral observers it does seem that the Supreme Court has crossed multiple red lines multiple times in the past four years and a free and frank debate inside and outside of the Parliament would have strengthened the moral case of the Federal Government. The problem of viewing this contest as being a formal legal one is that one of the parties to the conflict, namely the judiciary, also has the power to not only interpret the rules but determine the winner. To restate the problem, making laws to make the judiciary less powerful or active in the absence of major constitutional overhaul overlooks the fact that the judiciary will eventually interpret and apply those laws. The debate on precisely what constitutes contempt of court and equally contempt of parliament would have had value in itself and may even have generated consensus. Our democracy is end-driven, losing sight of the fact that public debate and the process is a virtue in itself. For the time being, we rely on My Lords to be temperate even if they dont like this government (which they clearly dont) to show composure. I say this especially after the chief justice recently made what may come across as being purely political tough-minded speeches asserting his right to strike down laws and even talking of martyrdom. Temperate language and restrain cannot and should not be a one-way street. Coming back to the trope of public debate, recently a private member bill was drafted by Senator Farahtullah Babar to be tabled in the Senate. The primary objective of the bill was to bring the ISI under direct civilian control and make it directly accountable to the Prime Minister and the
Parliament. It seems that the bill is not going to be tabled now and if that is true, it most certainly is a shame. The bill should be tabled, debated and voted upon, if only to determine where everyone stands on the issue. The question of why the ISI chief cannot or should not be a civilian does not have an answer as obvious as some people believe. Glibly resorting to the fact that the acronym ISI stands for Inter-Services Intelligence and it has to be a service man (which brings to mind the even more unfathomable question of whether it ever could be a woman, I know we are light years away from that) is hardly a serious answer, when one considers that the name has hardly restrained the service men from manipulating elections and creating political parties. In any event, if that is your best argument then by all means change the name of the agency. I am not nave to the extent of believing that this bill would become a law and bring the spooks under the direct control of the democratic government, yet it was/is an ideal opportunity to have that debate. One would be curious to know how television anchors proclaiming apocalypse every evening would react, how Difa-e-Pakistan Council would respond, would the Supreme Court declare it unconstitutional, etc. Worst case scenario is that such an attempt will infuriate the armed forces so much that they will attempt a military take over. Well, firstly that is a natural hazard of employment for an elected government in Pakistan. Secondly, and more significantly, that will be a considerably more honourable and valiant departure than for some manufactured excuse over the holdup created over the likes of the Contempt of Court Bill. Published in The Express Tribune, July 15th, 2012. Read more: PMcontempt Comments (16) Share this article Related Stories

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14 Jul 2012Government, coalition bent on destroying Supreme Court: Nawaz Sharif 14 Jul 2012Contempt of Court Act: Petition filed against law in SCs Lahore, Quetta registry 08 Jul 2012Contempt of court law: SC likely to challenge blanket immunity for govt officials 08 Jul 2012CJ questions extent of parliaments supremacy 19 Jun 2012Justice and moderation
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elementary Jul 14, 2012 - 11:55PM Reply
This Bill is a Machiavillian power tactic to cling on to power for as long as is possible and has got nothing to do with furtherance of democracy or its principles vis-a-vis harmony and balance amongst various state organs;to think of it as anything else would be naive at best. Recommend5
@plarkin Jul 15, 2012 - 12:15AM Reply Contempt of court is the only measure that the courts have to enforce orders. Removing this would allow litigants to ignore the courts with (pun intended) contempt. Judges must not be intimidated by threats whether they be physical or verbal. In the United States, misbehavior in a court will earn a rebuke from the judge, if the behavior persists the bailiffs drag you off to jail, where you can cool your heels for as long as the judge desires. There have been instance where journalists have been jailed for contempt for months because they refused to divulge a source when a judge ordered it. Defang the courts at your own peril. The legal system in Pakistan does need to be improved: remove the power of suo moto from the court. Cases should come up to the court via an appeal system, i.e., litigate in a lower court, appeal to the next higher court, and eventually to the apex court. The court should not be allowed to start cases on its own volition. Recommend12
Parvez Jul 15, 2012 - 12:22AM Reply Enjoyed the read. Quite unlike you to tread carefully on these subjects. In the first case the present political set up, if humiliated or punished by any quarter capable of doing so, deserves to be so punished due to their own willful wrong doings. On the second issue we simply have a long way to go before things change and Mamogate is still fresh. Recommend4
Falcon Jul 15, 2012 - 12:39AM
Reply Very logical article. What concerns me is how can our elected representatives be so congruent in their views that they didnt debate the pros and cons of the bill for even few hours before passing the bill. While on the other hand, many of them are so ego-centric that they would hardly sit together with others of their ilk on the same dinner table. That certainly shows that the law was passed in self-interest, for their own protection against the law of the country without any foresight on its repercussions. Recommend6
Abid P Khan Jul 15, 2012 - 12:57AM Reply This Tom & Jerry Show has gone on for too long. Getting a bit boring. Recommend5
Zamir Jul 15, 2012 - 1:18AM Reply Are you competing with Mirza for the Presidents brown-nosing trophy? Recommend7
A.Bajwa Jul 15, 2012 - 2:00AM Reply The real problem will be that it will be considered male fide. Recommend2
azra shahnaz Jul 15, 2012 - 10:41AM Reply
it may be your genuine concern, but in a country where very well educated judges pass judgments without a thorough debate, the Parliaments quick legislation should not bother us!Recommend4
Mirza Jul 15, 2012 - 12:16PM Reply @azra shahnaz: I agree with you 100%. Great Op Ed once again and an eye opener. In the recent past the US SC has given most historic decisions by 5:4 or 6:3. An example is the recent Obama healthcare law that has been approved by 5:4 and so was Bushs election against Gore. However, in Pakistan an army of 17 judges bench sits and gives a unaimous verditct! In fact all recent cases have been decided against the govt are unanimous. What debate and what independence are we talking about in Pakistan whether in Parliament or SC? Recommend3
RS Jul 15, 2012 - 2:38PM Reply Mirza n Azra Shahnaz views do have merital ground BUT its unfair to compare apples with oranges. US SC, Senate or Congress a. At least has over 200yrs of history; b. Its SC Judges in most cases work independently; c. Its Senators/Congressman n Women do come with educated background, armed services experience, business, political, law etc whereas, Pakistanwell we leave this on readers to figure out? Recommend1
observer Jul 15, 2012 - 4:33PM Reply @Plarkin Defang the courts at your own peril.
The kind of things the fanged courts have done- Meta/Supra Constitutional Arguments, Doctrines of Necessity, Hanging of a deposed PM,Trying another for Hijacking , Unseating yet another, etc.etc.etc. I cant think of any worse scenarios even if it is defanged. Recommend2
Abid P Khan Jul 15, 2012 - 6:27PM Reply @Plarkin Defang the courts at your own peril. . Whatever the semblance of legal authority means, I can not act like Multaan ka Baadshah, by refusing to obey the legal system. I just cant drive on the left in the US claiming that the US traffic rules are not of my liking. Beside, there are some policemen in Baltimore on the take, why should I follow any right-hand-drive rules. Recommend1
Lala Gee Jul 15, 2012 - 6:53PM Reply I have couple of points to make. 1- The contempt of court Law: As you rightly said, it will and should be struck down as it is a self-serving law not based on some ideological principle of equality and fairness, but to give dictatorial powers to the ruling democratic dignitaries. This law enables the President, PM. Governors, Chief Ministers and Federal and Provincial Ministers to ignore any court order of not their liking at will with impunity, the power dictators yearn for. It has strong basis for the collapse of the justice system and exponential rise in corruption as the persons in governing positions are beyond the reach of law. 2- Legislation regarding ISI: The inept and corrupt civil government do not have moral authority and public support to pass and implement such legislation that take the most powerful institution (liked by majority) into their submission. First they have to earn the respect and support of the public by showing performance and limiting corruption; only then this would be possible. See the example of Turkey.
3- Limiting Suo Moto powers: As suggested by one commenter, Suo Moto powers of the courts should be limited by law. Again, if the the government is doing its duties diligently, then there would be no need to for the courts to take the suo moto notices. However, it would be unfortunate for the hapless victims if their last resort is taken out by law. 4- Mirza has intensely unique views about issues regarding PPP government and judiciary. No matter what, he is bound to criticize the apex court judges and their decisions while totally ignoring facts. He would prefer to call the apex court judges PCO judges (wouldnt say a word about PCO Dogar courts) regardless of the fact that many out 17 judges never took PCO oath and quite a number of them were appointed by the PPPs current government. Recommend2
Anonymous Jul 15, 2012 - 8:23PM Reply @Abid P Khan: Abid Saheb he obeyed and vacated the highest pwerful and lucrative job after army and judiciary? What else u want. You may not agree with sentiment but all PPP parliamentarian, senators and President will love to be disqualified but will not write the letter. SC has stayed cases for many years for sharifs and ISI so this can wait for 13 months to be and Next elected PM can write it Recommend1
Abid P Khan 23 hours ago Reply @Anonymous: he obeyed and vacated the highest pwerful and lucrative job after army and judiciary? What else u want. . Janaab, The PM did not obey the court order. He kept on dilly dallying. Only after the refusal to follow orders, was he asked to resign. Unless and until a proper constitutional change is brought specifying immunity granted to different office holders of the reigning government, the loophole of vagueness will be exploited by people in power, for their
own benefit and dress it as an act serving democracy. . This manipulation in the name of the nation, Islam, democracy, Bhuttoism and what have you, will continue unless proper elections within the parties and for the representative bodies are held and genuine democracy is established in the country. . Foreign interest is not necessarily in the establishment of a democratic set up but in retaining the status quo. Familiar faces are necessary as you know who are you dealing with. The moment he/she does not deliver, a change in the government occurs. . What do I want? . Democracy to take root, and the end of this tamaashah.Recommend2
elementary 7 hours ago Reply @Anonymous: Thanks for clarifying. If you could also elaborate for my benefit why parliamentarians ,senators would love to be sacrificed and not write the letter? And a related rhetorical question :Sacrifice is not in the spirit of democracy ;its something ,Despots/Monarchs exact and demand from their obedient followres.Why is PPP woven around a principle which is essentially antidemocratic?? Recommend


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Saving democracy
By Rasul Bakhsh Rais Published: July 15, 2012
The writer is professor of political science at LUMS If we learn from our own history troubled history indeed Pakistans future stability, growth and progress is linked to democracy. No other system can work or will work. We have experienced four undemocratic systems covering almost half of our life as a nation and we have seen how they have ruined this country actually shaking its foundations that included the separation of East Pakistan. Is there a danger to democracy today? Yes, it is from the institutional clash that may generate social and political choas. For long we have evaded discussing the question directly are the political executive and the judiciary in conflict with each other? We need to fathom what it means and what effect it might have for the institutional balance, constitutional order and our fragile democracy. It is fragile primarily because the political norms around the constitutional
order are limited and weak. The problem is further compounded by an anaemic rule of law tradition and a questionable representational system. Countries in democratic transition can live with a small endowment of democratic values and traditions if the major players, forces and actors within the political order wish to play the political game according to rules. Weak democracies can build the democratic heritage with consensus driven by self-interest. Poor values are a factor in pulling a fragile democracy down. Rather, it is drawing of confrontational lines and rigid positions that might cause the fall; this is how post-Bangladesh democracy met its fate. Today, the actors are different but we have more points of confrontations two insurgencies, ethnic conflict in Karachi and a militant mindset. What may, however, cause the fourth democratic debacle is the clash between the judiciary and the executive. They have drawn their battle lines very clearly and stand rigidly guarding their positions. The Supreme Court wants to act as a no-nonsense court and take decisions with the frame of mind of come what may with a purist juridical reasoning of rule of law. This line has supporters in the civil society, part of the media and part of the lawyers community. The political executive a system of power organised, managed and run by President Asif Ali Zardari so shrewdly has taken the last, firm and inflexible position of never writing a letter to the Swiss court for reopening cases against him. Period. The presidents camp has democratic credentials, mass support, parliament and political allies on its side and is even capable of changing the rules of the game: the new contempt of court law. Who may benefit from the clash, why and at what cost? The political executive has done so poorly in governance over its entire term. It would love to play the card of judicial victimisation as it is doing to its political benefit. By not writing the letter, it has not lost much except sending Yousaf Raza Gilani home, which the PPP lot finds to be a secret blessing because of his incompetence and perceived corruption. However, publicly, they would like to exploit the matter to their own advantage. Sadly, we see the two institutions the executive and the judiciary escalating the crisis. In two weeks time, we will know how it goes; the signs are ominous enough: more political mayhem. The looming chaos may cost us democracy and such a cost may actually benefit the PPP and its allies if we have some undemocratic interlude. The interval will whitewash all sins. The political martyrs will re-emerge clean and popular with a victim card around their necks. Purist judicial reasoning or rigid positions are poor tools in the game of politics. They dont work at all. Politics requires patience, restraint, compromise and giving space. This is what we need in order to save democracy. Published in The Express Tribune, July 16th, 2012. Comments (13) Share this article Print this page Email a friend
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Falcon Jul 15, 2012 - 10:57PM Reply Very well said. I fear that if by any means, democracy is interrupted now, PPP will secretly rejoice in it since this will give them the time to hibernate and re-emerge within 5 years with a new political heir in the form of Bilawal Bhutto at the helm and we, the poor people of this country will end up electing them again in the hopes of change of heart. Recommend10
Max 23 hours ago Reply Rasul Bakhsh Jee, It is the personal vendetta that is being translated into institutional conflict. All sides need to sit back and think with a cool head what is in the best interest of the country. Neither the theories of democratic transition nor of its consolidation will be able to answer the institutional warfare of Pakistan. Politics and more so the democracy is a system of give and take. The Pakistani politician is ready to take but absolutely in no mood to give anything in return. That we see in the form of power struggle between two major power contenders PPP and PMLN. Same applies to struggle between the executive branch and the judiciary and certainly not to mention between PM and the President where PM is nothing but a subservient yeoman. Here are a few of my observations and humble suggestions as a footnote to your well thought article: The political leadership has to articulate their differences in a professional and prudent manner. The judicial branch has to restrain itself from undue interference in the functioning of the executive or legislative branches. Absolutely no public statements from any of the
members of the judicial branch and no suo moto of every nonsense. The apex court need to understand that it is not a sub-division/tehsil/county level trial court but the court of last resort. The military is holding itself back very well. A short conflict between the COS and president (when he left for an oil rich Arab country for so-called medical check-up was turned by the worthy president into a struggle between the PM and COS. What should one make of him of such moves? The office of the PM need to be strengthened with a constitutional role for the president. At this point things are so blurry that it takes a rocket-scientist to understand what is going on in the country. @Falcons point is well taken and I agree with his analysis and prediction. The country is not Bhuttos estate. It belongs to around two hundred million people. Recommend7
Nomi. 23 hours ago Reply Saving democracy dont cost u pakistanRecommend
Logic Europe 22 hours ago Reply in a conflict with judiciary the peoples,representatives must win otherwise they will be enslaved by another demon that is not answerable and accountable to any one and doesnot comprise only of supreme court but includes all subordinate courts and legal freternity The supreme court judges should be appointed by the consensus of major political parties after a thorough interviewing process THE COURTS MUST NOT WIN . Recommend5
hariharmani 22 hours ago Reply
@Max,Your reasoning,advocates statusquo.Fine.There is fly in the ointment,these corrupt politicians do not mend their ways,they continue to loot,this ,can not be sustained by our poor people.Their condition is getting worse day by day,other day a woman in Bihar sold one of her child for a paltry sum of Rs 62.50.I;m sure you understand the plight of the poor & how and desperate they are,,if Courts, the last custodian do not act as a brake,who should?It is no different then a poor man sits in the middle of the road with a can of gas and threaten to self immolate,if he is not given money.It is pure blackmail,saying if court act,democracy will die,but the legisletive refuse to be less corrupt.I do not have workable solution to this impass.Bad days are ahead. Recommend1
Azizullah Khan 15 hours ago Reply This article reeks of typical right wing hyper nationalism and subtle Punjabi nationalism. The writer is still not convinced of the fact that judiciary is overstepping its mandate warranting a strong prescription on his part to observe judicial restrain to save democracy. Recommend3
Shadytr33 15 hours ago Reply Remember that courts are not a political institution. It is a legal institution and what the courts are doing is right. The present government is like a stubborn little child and is doing exactly what is in its personal interest (Presidents interest). What do we need to do to save democracy.? Get rid of the corrupt present govt ! Period.Recommend2
Rao 15 hours ago Reply Politicians should understand the essentialities of the democrasy. How the previous PM did act, it is known by the entire world.In Pakistan, the main problem is every prime minister and president design their own democratic
sytem,Constitituon has always been made disfigured just for their own personal interets and people remined neglected and ignored.We need a WLFERA STATE rather a corrupt,inelligible and a bad democratic government which has ruined the entire system of this country. Recommend1
Muhammad Ishaq 14 hours ago Reply Sometime helped establishment and sometimes Nawaz Sharif and Imran Khan. His son is corroupt. What he did for that. He benefited indirectly. How can he deprive masses of electing and removing their representitives. How can he claim that Parliament is not soverign and SC and CJ and even they can change consitution in the name dirty interpretention. Recommend1
Usman 12 hours ago Reply @Logic Europe: Flawed logic. The only danger to democracy is from these peoples representatives, not from the judiciary. The judiciary is simply upholding the law. Recommend
wonderer 10 hours ago Reply Democracy is desired by all, but it is not something that can grow and flower in any kind of soil. Pakistan happens to be, at least at this moment, that unsuitable kind of soil. If you want to have a democratic government to rule your country, you must be democratic in your own family; or indeed in the society you live in. Unfortunately the Pakistani society does not seem to deserve a democratic set up. Recommend2
Manoj Joshi 6 hours ago Reply Democracy in Pakistan, no doubt, is in a rather nascent stage and fragility till remains one of the primary features. The writer in this article Saving Democracy has in a veiled manner shared the apprehension of a army take over within Pakistan once again which will lead to a collapse of the budding democratic institutions. In Pakistan Army Coup. has been a regular feature like a political heat wave and democracy has been more of a seasonal monsoon shower hence the entire administrative machinery of that Islamic Republic has been made into a strange political pudding of martial law with a dressing of democratic ice cream. As much as this metaphor for Pakistan might look most mouth watering it is a combination that has not served the national interests of that nation to the desired levels. The impact during the last sixty five years this kind political upheavals have had in the Pakistani mindset has been of disappointment and loss of confidence in the administrative and political system of the country. The Indo-Pak relationship that has in the past not been very cordial has also been affected on account of this instability. The economic development of Pakistan which has the human resource potential to have developed into an economy to reckon with atleast within Asia has not been able to grow upto the desired levels. The political parties and the citizens of Pakistan now share the moral duty and responsibility to stabalise democracy within their nation. Criticism of a political and administrative system shall be the simplest way of negating Pakistan. Recommend
Logic Europe 5 hours ago Reply @ Usman the democracy means that common man chooses people to rule them and they have the right and power to remove them. the judges are neither chosen nor can be removed by the people A vast majority of people thinks judges are corrupt collide with lawyers and lower courts are openly corrupt the judiciary is a political class now supported by people who chose to study law because they were not bright enough to to study medicine and engineering Recommend1

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Need for judicial restraint

By Nafisa Shah Published: July 14, 2012
The writer is a member of the National Assembly and central coordinator of the PPP Human Rights Cell The present superior judiciary has become controversial, not in the least for what some would call its exaggerated use of the contempt laws, prompting parliament and the executive to put in amendments to protect their constitutional jurisdiction. Today, contempt charges are being faced by the president, the prime minister, the former law minister and the interior minister, among others. In the modern day, there are no known precedents of a prime minister being removed through contempt proceedings and a president facing a contempt case in a high court. Although in the former case, the charge made was for disobeying the court, the courts convicted the PM for scandalising the courts, making it seem like a case of being condemned unheard. The popular perception holds that this was done so that the punishment would lead to the disqualification clause Article 63(1)(g), which would not have applied in the other case, which is why increasingly, the present courts are being perceived as political. This court also initiated contempt proceedings against 60 judges for violating their November 3, 2007 judgment, while overlooking the civil and military officials who did the same. Other examples of initiation of contempt proceedings include the former law minister for reciting poetry and an officer for staring at the judges. As against this, the nation witnessed how a senior public official summoned to the court was questioned without being given a place to seat himself and subsequently suffered a life-threatening heart attack. There is near consensus in the judicial community that contempt proceedings must be used sparingly. Today, in most common law countries, contempt proceedings for criticising the judges are being rendered obsolete and this is largely due to the judiciarys own stated position of restraint. In the US legal system, there is no provision in the law for scandalising the court; in the
UK, too, such a provision has hardly been used in modern times. The judges have made these laws redundant, through their own texts. Lord Alfred Denning, one of the most influential judges of the last century, reiterated this view in one judgment as follows: Let me say at once that we will never use this jurisdiction as a means to uphold our own dignity. That must rest on surer foundations. Nor will we use it to suppress those who speak against us. We do not fear criticism, nor do we resent it. In addition, to quote Justice Markandey Katju, a notable Indian justice: The best shield and armour of a judge is his reputation of integrity, impartiality and learning. An upright judge will hardly ever need to use the contempt power in his judicial career. For a judiciary which is thriving in a democratic dispensation, this exaggerated use of the contempt laws calls for a reflection of the very state of this institution. The courts selective application of contempt laws undermines political stability, democracy and freedom of expression but most importantly, the dignity and the respect of the courts themselves. The overuse of contempt proceedings inevitably leads to a clash of institutions, as it is through assertion of this law that the courts are seen to be appropriating the executives mandate, while they themselves do not seem to be accountable to any legal or constitutional authority except to themselves. While the courts have succeeded in removing an elected prime minister and have been able to subdue a few others charged with contempt, how would they reign in the public whisperings, sentiments or even the chatter on the social and international media, which has become increasingly, even scathingly critical, to the extent that the three-member benchs June 19 action has been termed by some as a coup, and that as I understand, means a seizure of power that is outside the law. In the final analysis, judicial authority is far better served through judicial restraint rather than through the use of punitive contempt laws. I hope the courts, in the larger interest of promoting democracy, would exercise restraint and let the principle of separation of powers operate by recognising and upholding the parliamentary mandate to make and amend laws, and the executive to complete its term and letting the court of the people decide who has held whom in contempt. Published in The Express Tribune, July 15th, 2012. Read more: PMcontempt Comments (18) Share this article Related Stories

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11 Jul 2012The philosophy of judicial restraint 26 Jun 2012Judicial responsibility and organs of state 14 Jul 2012Government, coalition bent on destroying Supreme Court: Nawaz Sharif
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Parvez Jul 15, 2012 - 12:36AM Reply Every sensible person is of the opinion that judicial restraint is preferred over judicial activism but when restraint is not possible because the circumstances created are so compelling, then judicial activism becomes necessary. Madam if you open your eyes and look around, even you will have to admit that matters are far from good. Recommend7
Kamal Jul 15, 2012 - 12:47AM Reply Very good analysis to which all patriotic and democratic Pakistanis would agree. The present Chief Justice has transformed our country into a judicial dictatorship through the misuse of contempt of court powers and through abuse of the strange suo moto jurisdiction powers under Art 184. He has also usurped the constitutional powers of the Executive and Legislative branches, besides being tainted with possible corruption and blackmail and abuse of his judicial seat and authority. To save our country and our democracy I think he should be forced to leave. Thats the only solution. Recommend13
A Shahid Jul 15, 2012 - 1:01AM Reply We shall have judicial restraint if you can demonstrate a bit of corruption restraint. But such day will never come unless King is not dethroned.Recommend8
Ejaaz Jul 15, 2012 - 1:03AM Reply
The activist course selected by the supreme court will lead to total disenchantment with democracy in Pakistan. If that happens, it will be very very difficult to maintain a cohesive Pakistan. Recommend6
Imran Con Jul 15, 2012 - 1:13AM Reply @Parvez: They created the circumstance themselves. What you said hardly addresses her point. Most, if not all of your current problems can be dealt with under either different laws, an ego check, a small amount of patience, or in a way that doesnt involve the judiciary at all. Recommend2
Muhammad Jul 15, 2012 - 3:27AM Reply The way to argue against contempt laws is to promote freedom of speech in general. The real problem with punishing people for criticizing the Court is that it takes away their right to free speech. The main criticism in the above article, and the contempt bill recently passed, however, is based not upon this general principle but rather a jealous protection of the parliaments right to free speech. Of course, it is entirely possible that the government is fearful that a more general defense of free speech would take away its own ability to abuse power by banning offensive sms messages and internet websites and placing ridiculous prohibitions on making jokes about the President. They want to be safe from criticism without extending that privilege to anyone else. Recommend1
gp65 Jul 15, 2012 - 4:11AM Reply @Parvez: the circumstances created are so compelling, then judicial activism becomes necessary
So the judges have ruled that the doctrine of necessity in the army is illegal but apparently the same doctrine of necessity is acceptable when it comes to CJ packing of elected prime minister. Wonderful logic. Recommend2
Ch. Allah Daad Jul 15, 2012 - 8:11AM Reply Very sensible advice but nobody seems to be listening. Recommend
Mirza Jul 15, 2012 - 12:27PM Reply A great and pragmatic Op Ed, thanks ET for that. It is about time the PCO SC judges show some maturity and patriotism and back off, just like they did in case of Arsalan. Recommend2
usali Jul 15, 2012 - 1:10PM Reply Need for political wisdom and intellectual honesty. Recommend1
Not me Jul 15, 2012 - 2:10PM Reply Unfortunately the institutions of state have abdicated their responsibility and have become dysfunctional. Judiciary is the only door people have left to knock on to get justice.
Recommend
Mohammad Akram Virk Jul 15, 2012 - 3:37PM Reply Societies without justice are wiped out in a very short time. If people are not held accountablle then result is lawlessness, corruption, killings, destruction. Law must be blind and should apply to all citizens equally. Prime minister, president, minister or burecarate, landlord are not prophets. If they commit crime they must be punished else Steel Mill, railway, PIA, Mehran Bank, and so many will vanish and finally the country will be removed from the world map. Justice gurantees the welfare, progress, safety, security and respect for all. Ali baba and forty thiefs shuld be left alone no way. That is a mistake. We have paid enough price for such a mess. Please wake up and support the justice. Long live Pakistan. Let us be together against corruption, injustice and Jahalat. Recommend
Parvez Jul 15, 2012 - 3:53PM Reply @Imran Con: Agree with you, but when the political dispensation lacks the will to correct matters themselves, as you suggest, then the circumstances become compelling. Recommend
Munir Masood Jul 15, 2012 - 4:11PM Reply Bravo. Let us see if sense can prevailRecommend
Adnan Manzoor Jul 15, 2012 - 5:50PM Reply
I believe SC has certainly over-stepped its mandate and like Justice Katju written in his article that any judge can pass an un-implementable order and can force the executive to comply with it and failure to do so results into what we have just witnessed in case of YRG. If anyone is following the court proceedings of our great CJ, one often heard the comments and abuses to those who present before the court. The kind of language which is being used, repeatedly quoting the example of of sending a PM to home by our hon. CJ is just beyond any civility. Sentences like Ham ilaaj karna jaantey hain , Ham aap ko jail bhejh dien gay etc are commonly used by judges without even hearing those appearing before the court. Citing the examples of Hazrat Ummar and other Khulfa clearly outlines the mind of the person and to whom he has started to equate himself. Malik Riaz just said that CJ was present in his meetings with his son and without clarifying on this position, he was charged with contempt. I really failed to understand the difference between the contempt of a judge and contempt of court. does staring at a judge is contempt of court or contempt of a judge? can anyone kindly clarify on this? We are probably drifting towards a very dark period where self-assumed mandate of righteousness will destroy us. People have been made to believe that removing Zardari will cure all the problems of this country. The loot and plunder done to this country since last 65Recommend3
Dr Saifur Rehman Jul 15, 2012 - 6:06PM Reply Dear countrymen, democracy in Pakistan is gone, our country is running under Judicial coup. pity the judiciary that some judges have declared Judicial coup in Pakistan. May 24th ruling of the Speaker of National Assembly on the issue of PM Yousaf Raza Gilians conviction in the contempt of court case was declared void. The court observed that the speaker had no authority to find faults in the apex courts judgement and should have sent the disqualification reference to the Election Commission of Pakistan within 30 days. Supreme Courts disqualification of the sitting prime minister Yousaf Raza Gilani on 19th June was a practical example of Jjudicial coup in Pakistan. And that decision was widely lamented by the world leaders, scholars and journalists round the globe. All the democratic nations, pro-democratic think tanks and groups of scholars, journalists, students of politics and people from all walk of life were deeply shocked, when they heard about disqualification of sitting prime minister of Pakistan by biased judiciary. Yet again, Supreme court is on its way to hunt its prey another elected prime minister of Pakistan. For to fulfill its nefarious designs, court has accepted petitions against contempt of court act 2012, which was signed into law. It is pertinent to mention here that CJ had already vowed to
declare contempt of court bill null and void before its passing in elected houses both upper and lower. Throughout the history of our country, Pakistan has suffered enough times due to Military coups. It was the military who directly intervened to derail democracy in Pakistan, toppled the elected governments and declared martial laws and judiciary validated all martial laws in the country. But this time military is behind the curtain and judiciary has declared Judicial coup. In my opinion, all institutions should work under their jurisdiction under the ambit of constitution come what may. Judiciary should have worked under its jurisdiction but it is so sad that it could not. Yousaf raza gilanis disqualification verdict was an attempt to derail democracy and an effort to create political turmoil for the ruling coalition in power who is about to complete its five-year term for the first time in the nations political history. Evil forces want to sabotage democratic dispensation, I appeal to every countryman please dont fall prey to nefarious designs of evil forces and stand behind elected democratic government for the better and bright future of Pakistan. Countrys survival lies in democracy. Pakistani nation has borne the brunt of military coups, soft coups and hard coups. So please say no to all sorts of coups whether it is Military coup or Judicial coup. There should be one point agenda that is democracy and supremacy of parliament. It is obligatory duty of every patriot citizen of Pakistan to fight against Judicial coup and struggle for democracy in Pakistan. Recommend2
Adnan Manzoor Jul 15, 2012 - 6:35PM Reply @Dr Saifur Rehman: Truly said. Our survival is in the judiciary. Unfortunately, despite being the most educated generation of this country, we are once again tricked to believe in things which are not real and are done to damage this country. We have been indoctrined that as a nation we no longer realize what is in our best interest. I am sure most of the readers can recall a report published in Washington Times some six months ago (citing sources from Military) that our Khakhi brothers will use Judiciary this time to topple an elected government. Our paid media has made all the grounds for this and now every other person believes that sacred angels have descended on the soil of Pakistan in the shape of judges (those
judges who used the ladder of PCO to acquire positions of Power and when others did that, they declared them as villains) Our survival is in our power to elect our own representatives. This is a real test for patriotic Pakistanis to see clearly what is right and what is wrong and be on the right side this time. If we fail to side at the right side, our children will suffer and may be humiliated at the hands of corrupt judges and generals. Recommend1
Akram Virk Jul 15, 2012 - 10:28PM Reply @Dr Saifur Rehman: Democracy is not the fifth book, It is a man made system but even today no country on earth is running under true democracy. Pakistan is run by bunch of thiefs, thugs, idiots. Supreme court is the last hope. Current Govt. is incapable, corrupt, dishonest, slave of external powers. They are foreigners, they are remains of Goras(British). They must be tried and punished by Courts. Keep it up SC and save us from thiefs. Recommend1


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Judging the court From the Newspaper | Cyril Almeida | 2 days ago 41
SO now we know. The moderates in the Supreme Court will go by the book, the hardliners will press for an early outcome, the prime minister will eventually go and the PPP will elect yet another one. Whats the point to this farce? Unhappily, that may be beside the point now. The court can and should back off. But it seems to come down to this: in hounding the government to write the Swiss letter, it wants a PPP prime minister to implicitly state that the PPP boss is a corrupt man. Letter written, legal repercussions or not, it will be there for all time to come on the historical record.
Surely there must be more? It doesnt really matter. Asif Zardari knows that this is about humiliating him and hes called the courts bluff. One prime minister, two prime ministers, 10 prime ministers hell throw PMs at the court faster than it can knock them down. Much has been made about the governments stubbornness. Write the damn letter, everyone says. But lets look at it from Zardaris perspective. Everyones corrupt here. Everyones heard the rumours about everyone, politicians, generals, bureaucrats and yes, even judges. Every constituency politician by definition is corrupt here. Sustaining your base and milking it for votes come election time is an expensive business. Running a party with a national vote bank is infinitely more expensive. Zardari just happens to be better at corruption than most. In his mind, why is that his fault? Since hes come to power he hasnt done anything to any of the other players. He hasnt chucked anyone in jail, hasnt had cases registered against his opponents, hasnt set NAB or the IB or the tax collectors on his political rivals. There was the misjudgment with governors rule in Punjab in 09 but the PML-N has landed more punches than its suffered. As for the allies of convenience, the ANP in KP, the MQM in Karachi, the PML-Q in Punjab and Islamabad, each has raked it in as much as circumstances have allowed. Nothing has been done to the court. The judges wanted a hermetically sealed judiciary in which they alone decide who can or cannot become a judge. So Zardari gave them a constitutional amendment, even though it meant overriding his crowning constitutional achievement, the 18th Amendment. Malik Riaz was tweaked by the presidency when the going threatened to get really rough but then the ouster of the PM was quickly accepted. To try and save the next PM, all the government has done is pass a new law. There are no jiyalas stationed outside the Supreme Court. There is no Sindh card or Seraiki card being flaunted around Sindh or southern Punjab. The attorney general has an axe to grind with Court of Chaudhry but pot shots taken here and there dont amount to much. The chief justice has claimed parliament isnt supreme, but no one has stood up in parliament to shut down the chief justice. What is Zardaris goal?
Get his government past the finish line and fight for re-election in a fractured, polarised polity. The aim isnt noble but neither is it wanton or destructive. Here is a man whos mocked, ridiculed, derided, spat on, abused, threatened and worse. For much of his adult life he lived in the shadow of a woman who was one of the most famous politicians in the world. When his chance came, he didnt aim high. He knows his limitations and set his sights accordingly. In the rough and tumble world of Pakistani politics he has a skin thick enough to shrug off the attacks and a mind sharp enough to know everyone has a price. So he could deliver something that no one before him could: a full-term government. We you and me, the unfortunate everymen in this blighted land dont get to pick what happens to us. But surely we can call it out for what it is. The question is simple, why should the court bring an early end to this government? Whos right, whos wrong, whos good, whos bad, whos to blame less or more, set all of that aside for a minute. The thing I like best about Zardari is that he cant stick around for a day more than the people permit and he just doesnt have the power to ever, ever take that right away from the people. A judge may endorse an extended caretaker set-up or anoint yet another would-be saviour. A general may use the threat of the gun to do as he sees fit with this country. But come September 2013, Zardari will have to face an election. And come March 2013, his government will have to face an election. I, like many, am terrified at the prospect of another five years for Zardari. If he can rule as incompetently and disastrously as he has and yet drag the PPP and himself to another electoral victory, it is truly frightening to imagine what hed do the next five years. But there is no certainty that will happen. In fact, in their heart of hearts, the PPP is worried about the verdict the electorate may deliver and increasingly concerned about their ability to manipulate that verdict. Why should the court deny us the opportunity to find out? Because it can? Because it wants to? Because it believes it knows better about whats good for Pakistan? That simply isnt good enough.
You and I may not be able to stop the court from doing what it has decided must be done. But we can certainly judge it. And the court should know, that judgment isnt very pleasant right now. The writer is a member of staff. cyril.a@gmail.com twitter: @cyalm
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Comments (41)
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Talat Mahmud 1 day ago Matchless,I hope the C J and some judges subscribe to DAWN Reply 2 replies active 22 hours ago 0
S A Khan 22 hours ago
The Supreme Court's Judgement in PM Gilani's Contempt of Court is online. The Leading Judgement is that of the CJ: one can see how he collects awards from the USA & London. Reply 0
pleasant 1 day ago Justice is blind, even they subscribe it who will read it.. Even if someone reads to them, they are the only interpreter, you know. Reply +22
shankar 1 day ago Yes sir,why? Why this great hurry to box Zardari into a corner?. Mr. Zardari, for all his shortcomings, is the President of Pakistan, which is the most prestigious in the eyes of the world. Why tell the world the president is corrupt and give us proof to try him? Why would you ask his own party men to do it? Will the Cj give proof against his son? Why can't PPP act in self defense and refuse to write the letter since it is demeaning to the party and its president? Why not wait for him to lose the election and try him afterwards, if one is thirsty for his head? When will Pakistan let at least one elected government run its course? Why is the SC so shortsighted? Why don't they see the big picture? Why do they pretend that all the corruption and wrong doing is only in PPP? Why don't they understand that getting Mr. Zardari's head on the block is the least of priorities for Pakistan? Reply 1 reply active 1 day ago 0
Muhammad Alvi 1 day ago I disagree with everything that is said above. The above questions and statements are in total disregard of principles. We appoint the supreme court for the final word. We have to obey it, even if we disagree with everything. If you do not want to follow this rule, go and live in the woods. Reply +18
Dr Imran Ahmed 86p 1 day ago Our courts appear bent on dispensing vigilante justice the kind that sent ZAB to the gallows (as a young man I mistakenly supported this faulty verdict). The court damages itself and the state by
setting aside fetters of jurisdiction, due process and transparent abidance to existing laws. The appointment of judges by judges is an unintelligent way to ensure that higher calibre broad minded individuals with alternative thought processes will ever sit on the bench. Courts must accept that the will of the people resides in elected legislatures and not in inanimate documents. The people are free, they are free to make erroneous choices, the courts have no business curtailing this freedom. Reply +17
Shehryar 1 day ago Well written. Couldn't agree with you more. Hope the judges read the article. Reply 1 reply active 1 day ago +1
Muhammad Alvi 1 day ago I disagree. The writers are disregarding the fundamental laws. The supreme court is "Supreme Court". A disciplined mind has to obey that. Reply +10
SAROJ 1 day ago EXCELLENT ARTICLE INDEED ! I REALLY APPRECIATE PEOPLE LIKE PRESIDENT ZARDARI WHOM I REGARD AS ONE OF THE GREATEST POLITICIAN . FACED THE ARMY AND JUDICIARY AND SUCCEEDED FULL TERM. GOVERNANCE WAS AFFECTED AS PPP WAS NOT ALLOWED TO WORK. Reply +9
Sharif Lone 1 day ago Cyral, great analysis. What I like most is that Zardari, with all his 'weaknesses' will make history by completing a full term for the government. I also agree that whatever the judiciary decides, majority of people will judge it differently. I hear even in ML (N) many think that judiciary is over stepping its role. And if this helps PPP in next elections, it will be not the desired goal of judiciary. In the end people must decide who they want to be ruled. Reply +5
Zaheer Ahmed 1 day ago Absolutely spot on. Much as some of our so called exponents of "the rule of law" would like to believe they are as bad as the rest and as crooked. Reply +5
abdulrashid01 87p 1 day ago An incisive analysis of the prevailing political scenario. He has said in so many words what could be disposed off in one sentence: The fight is between the forces of Right and Left. Reply +5
Dr Imran Ahmed 86p 1 day ago Our courts appear bent on dispensing vigilante justice the kind that sent ZAB to the gallows (as a young man I supported the courts action). The court however damages itself and the state by setting aside fetters of jurisdiction, due process and transparent abidance to existing laws. The PPP by not implementing the NRO judgment has already implicitly accepted the allegations of corruption against their top leader and his deceased spouse. Our judges should recognize that the "will of the people" resides in elected legislatures and not in dusty documents. The people have every right to be disastrously wrong, it is not the courts domain to stand in their way. Reply +4
Mohni 1 day ago good on you cyril to make a point that we people can judge and the judgement isn't pleasent right now. Reply +4
prakash 1 day ago Excellent Analysis Reply
+4
Asif 1 day ago It's a great piece of writing! Truthful, balanced, well analyzed and to the point. Yes, the court is being judged. It shall be judgement. Through our views We the citizens made it powerful and this power it used frequently, left, right and center. We the citizens may take it back. Reply +4
ali ahmed 1 day ago yes we can tolerate him for another 6 months....but not for another 5 years... Reply +4
Khalq e Khuda 1 day ago Well written Cyril Almeida: Supreme Court needs to understand that all this fuss is only scaring away investors from Pakistan. Reply +3
Guest62 1 day ago Absolutely to the Point all you have written . AAZ the politician has no parallel personality in the context of the Pakistani Politics . his slogan " Presidency or Prison " is his sole counter weight to what ever the partners want , he will give to them as long as for him the Return is the Former not the Later option . he is a constitutional head of state and No One dare to give him the later option as the residency as long as they talk about up holding the Constitution . Yes I would love to see the March 2013 and then September 2013 too , After all we have allowed Unconstitutional Power grabbers For For longer than the 5 years he is entitled to so Let it be the ball game , we have too many Gun toting Self proclaimed Messihas telling us "the Civilians , how to live " , let there be no Law enforcer Self righteous to tell us now ,"there goes your Corrupt elected head of state" ... Will that happen , Your guess is as good as mine , But I will sign on to your last line fully Reply +2
Aman Khan 1 day ago I agree absolutely. The court has made it's point and should back off from this farce in the greater interest of the country. Why can the court not , at the next hearing, give a hearing date well into next year by which time the present set up would have gone or would be about to go , we hope! Reply +2
Ali 1 day ago I have always been a fan of Asif Zardari! I think he is the smartest politician in Pakistan. Reply +2
ShaukatFarooq 66p 1 day ago We are unfortunate people for having shameless Politicians on both sides of the fence who repeatedly deny the established and certified truth.They also support and stand by the wrong and unjust without any guilt feeling on their faces.People may want to drive them out but where are the honest leaders.We need statesmen for the welfare and proud survival of of our beloved homeland. Reply 1 reply active 1 day ago -1
Muhammad Alvi 1 day ago I have spotted one - Imran Khan. Reply +1
Gulrez K 21 hours ago We should not look at the president or any other leader with a favourable presumption that they did no wrong. AAZ along with other politicians like Nawaz Sharif took full advantage of carte blanche issued by a military dictator in the form of NRO. Any man of integrity if his name is dragged in the court of public opinion, would come forth to clear his reputation.AAZ is hiding
behind self serving bill like 'no contempt against top honchos'. He should be accountable and answerable to the court of law. Reply +1
Azam 23 hours ago I am rather bemused by this article. On the one hand we say that nobody is above the law and then we criticise the Supreme Court for being too diligent when it comes to following up on the matter of writing the letter to Swiss authorities. The reason why Zardari hasn't sought to open corruption cases against political rivals is that he wants to be able to continue to loot the country in peace and share some of the cake where necessary with the likes of the MQM, ANP, PML Q etc. Anything which can de done to redress this thieves' cooperative in a constitutional manner is to be applauded. Reply +1
M Ibrahim 1 day ago What an anaylis? Very well written. The constitutional amendment empowering judges to appoint judges was a big mistake. It is very unusual and rare. Any way Ameida's article is superb. Hats off to him Reply +1
S.H.Zaidi 1 day ago comment-I There is not a single comment above that does not appreciate Mr. Almeida's pontification on the courts and Zardari. However, our fall from leaders like Jinnah to Zardari is exemplary. Now when demonstrators in other countries protest against America, they have placards reading that their country is not Pakistan!! I have just collected three paras from the above article and put them together. Read on: (contd... ) Reply 0
Saad Iqbal 7 hours ago
one should stand what the principles are. and the SC should not budge and wait for Mar 2013 or Sept 2013. thats the peoples court decision. but Supreme Court has to decide based on a particular case. I am fed up of these pseudo intellects who says "twist" when everybody is "twisting" - this has to stop! its amazing how this article hover arounds "power politics" and not governance. can only expect it from our "liberals" sitting in their cosy drawing rooms. Reply 0
Aisha 7 hours ago AAZ may be corrupt but it is the judicial victimisation by the SC which is taking spotlight away from PPP's performance on the economic, social, security, and sovereignty front and making people sympathetic to its cries of foul play. This will be overplayed by PPP in the coming election campaign and we are only giving its leadership more to manipulate with. Problem with Pakistan is everyone start with institutional authority and quickly tries to transition into the realm of absolute power and CJ is no exception! SC has made its point and now it's time for the people to give 'their' verdict through the 'next electoral process' in this fledgling democratic republic Reply 0
Abdul Waheed 13 hours ago Well written article. Hope that CJ will also read this. The problem with courts is that all judges are taken from lawyers who are mostly litigants / mischievious (sorry to say that) and are not experts in other important ,matters like economics, socialogy. Justice Iftikhar is by nature an arrogant, ego ladden and after restoration has become more mischievious / poisnous and for his evil ego he has been destroying the econmy of the country by creating instability / uncertainty and the entire nation is and will be facing the worst consequences. The prestige of Constitutional Head of State (forget about Zardari) should be respected by all even by Judiciary. Some economists, Socioalogists may also be inducted into judiciary in order to get balanced judgements which are not detrimental to economy and social norms in the country. Reply 0
Usman 21 hours ago You people are such a fickle bunch. The SC is just trying to make the point that no one is above accountability, not even The President of Pakistan. If the court is successful in indicting the President on corruption charges what do you think is gonna happen in lower ranks of the government? Right now the bureaucracy knows that if the court says something the govt is just gonna transfer us somewhere else. So they dont care about the orders of the SC. But when the
president is charged they will think twice. No one is above the law and if the president is a saint then he shouldnt have any problem writing the letter. Reply 0
Ghani K. Niazi 21 hours ago Cyril : You forgot to mention any worthwhile achievement socially useful to public by AAZ. He is an invisible leader who has mastered the art of expediency ,most of the time devoid of scruples to save his presidency.I am scared to see him back in the presidency for next 5 years. Reply 0
Attorney Kamal 1 day ago Beautifully and so accurately said Cyril...This power hungry, ambitious, SC that supported and legalised the coup and overthrow of our Constitution by Gen Musharraf, is itself guilty of so many violations of our Constitution, imposing a virtual judicial tyranny in Pakistan...CJ has become a judicial dictator, overthrowing an elected PM, and not letting the Executive and Legislative branches function properly...If he is not removed immediately, the country and democracy will suffer irreparably...Its a cse of judges gone wild and crazy... Reply 0
@MeTousif 1 day ago Nothing can be more truth Cyril. Its so unfortunate that supreme court has become not only a party in Pak politics, which is dirty we are told day and night, but has become completely biased and unbalanced in this process meanding its no more an authority Pakistan nation can trust as capable of delviering a fair jugdment. What a sorry situation. Had they dont it for the love of country and people, it could have been swallowed but to add salt to the injury, they did it only and only to defame and undermine PPP government - which had actually brought them back to thier seats no doubt PPP governement is not without black spots - and to help PML-N grab power even through dubious means which the current judges claim to have raised thier voices against. What a puzzle. All this proves that world is round. And this also proves that, as for as Pakistan goes, no one is without self interests and no one cares about this country and nation. What can me more illegal, unconstritutional and humiliating for the nation and Pakistan then ordering some one to declare - in writing that too to a foreign nation - that our President (unfortunately its Zardari at the moment) is corrupt so please initiate a trail against him ? Can you imagine any other superios most judidciary of a nation demanding such thing ?? Please find an honest answer. For the right answer is SC passed an illegal judgment so they should recall it
and resign enmass. And let the nation decide the fate of Zardari who has failed to deliver completely ... no doubt. Reply 0
Asif Ayub 1 day ago Very well written. If Zardari was the only corrupt or incompetent person in Pakistan there would be no problem in removing him. He has so far succeeded in sustaining and countering all the legal and illegal moves against him in an admirable fashion. The only way he should be removed from office is through a free and democratic election. The alternative is an more corrupt and incompetent system even if Imran khan is made to lead it. Reply 0
ahmed41 1 day ago This situation is the field of democracy. Governments have to face an election process sooner or later. Politicians have to get elected by campaigning and canvassing------all that costs tons of money. The stakes are HIGH !!!! May be , it is better to watch the *BALANCE* aspect of the scales of justice---and remain truly balanced. That would be adding to democracy. Sometimes *scales* cover ones vision ; when that glaucoma gets to a certain stage one needs an ophthalmic surgery. Reply -1
NASAH (USA) 1 day ago Cyril says -- "I, like many am terrified at the prospect of another five years for Zardari." I am too -- the "good thing" and a cause for rejoicing is -- that the kind of precedence this batch of delightfully dictatorial judges have established in the country -- Zardari's may be the the FIRST and the LAST one to complete its 5 years term. Whosoever replaces Zardari -- Nawaz Shairf or Imran Khan -- must keep their bags ready and their car's engines running -- to go home at the shortest judicial notice.. What an exciting game of snakes and ladders the entire political scene of Pakistan will become! Reply -2
S.H. Zaidi 1 day ago Comment --Part II: "Everyone is corrupt here. Everyone has heard the rumours about everyone, politicians, generals, bureaucrats and yes, even judges. Every constituency politician by definition is corrupt here. Sustaining your base and milking it for votes come election time is an expensive business. Running a party with a national vote bank is infinitely more expensive. Zardari just happens to be better at corruption than most. In his mind, why is that his fault? In the rough and tumble world of Pakistani politics he has a skin thick enough to shrug off the attacks and a mind sharp enough to know everyone has a price. I, like many, am terrified at the prospect of another five years for Zardari. If he can rule as incompetently and disastrously as he has and yet drag the PPP and himself to another electoral victory, it is truly frightening to imagine what hed do the next five years." Reply -2
s s ayub 1 day ago You know Mr. Almeida! you may be, like many, in this country terrified of next five years of Zardari as president. But what do you say about the following: The indomitable, Ch Pervez Elahi - The Deputy Prime Minister, has given his customary election-eve-call of electing the PPP's President 10 times over. Granted, it says a lot 'bout Ch P Elahi, but the stark parallel between Musharraf and Zardari is hard to miss Mr. Almeida! Yes many WERE terrified then and many ARE terrified now - the court had nothing to do with it then and court doesn't need to know anything now. Period. Reply 1 reply active 20 hours ago +1
ram 20 hours ago Mention about ZAB... but not.... who helped Zardari to save Swiss bank from bankruptsy Reply -2
Omar 1 day ago I am the public and I endorse the judgement. Reply
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