Accidental Defaulter of Justice

Mohammad Malick on 20, Jan 2012 | 9 Comments | in Category: Debate Desk

Credit must be given to Prime Minister Yousuf Raza Gilani for appearing before the Supreme Court in a dignified manner, sans the rowdy crowds that accompanied Nawaz Sharif when he was summoned as a sitting prime minister. Unlike Nawaz’s defiant mannerism, Gilani’s address to the court was dripping with deference and the nattily dressed CEO of the desperately poor nation did not rattle any judicial nerves either. It was a perfect Kodak moment, except for one little niggle: The prime minister may have been less than generous with this irritating phenomenon called the truth.

The prime minister, and his brilliant barrister Aitzaz Ahsan, would have the seven-member bench, and the 180 million ignorant us, believe that his refusal to write the darned letter to Swiss authorities in pursuance of the verdict of the 17-member bench was not willful default but had been sired by the legal advice offered by the government’s team. In other words, the gentleman was at worst just an ‘accidental defaulter of justice’.

Kaput. If only life, and politics, were that simple. We would never know for instance whether this flawed legal team had also recommended that the PM make provocative statements in the house or portray a legal matter as a trial of the grave of Shaheed Mohtarma Benazir Bhutto. Was he also ‘advised’ to issue slanted statements against the Supreme Court and encourage humiliating and mocking theatrics by his sitting and former ministers? It would have added to the bona fide of the prime minister if he had shared why two attorney generals had walked out of their jobs in a huff and an equal number of changes had taken place in the office of the federal law secretary – particularly so when one of the former AGs has repeatedly stated publicly that he had advised the Gilani government to obey the court and write the letter.

Maybe the un-willful prime minister should also have told the court about the undeclared ‘willful’ purpose of the special session of parliament convened in the wake of the dismissal of the NRO review petition. According to someone who was involved in the entire judio-political consultative process (and ultimately affected the outcome as well), the core committee of the PPP advised by its legal eagle had decided to move a presidential reference against Chief justice Iftikhar Chaudhry and some others in parliament. Upon learning of this harakiri move, the leaders of the allied parties simply balked and plainly told the president and the prime minister that such a move could lead to a parting of ways. In this particular meeting, attended by the president, the prime minister and the head honchos of their closest trusted government allies, Dr Babar Awan faced some rather harsh criticism for supporting such a suicidal strategy. When the crazy idea of a presidential reference to the parliament was abandoned in favour of a parliamentary resolution, another heated debate took place over its proposed anti-judiciary tenor and the insistence that it come across as a direct vote of confidence both for the prime minister and the president. Here too the government backed off only when faced with the consequence of the allies walking off.

What transpired in this meeting exposes our rulers’ intrinsic and larger contempt for rule of law and not necessarily just the court itself. When a constitutionally elected government of the day wants to vanquish a constitutionally constituted Supreme Court only because it wants the government to observe its constitutional obligations then something is seriously wrong with the ruling mindset. Hardly a case of ‘accidental judicial defaulter’.

What is really at stake here in the ongoing contempt case, one wonders. Is it merely the criminal culpability of an individual called Yousuf Raza Gilani? Is it about a sitting prime minister telling the Supreme Court to take a hike come what may? Is it about the lame legal defence of I-didn’t-do-it-my-lawyer-told-me-to-do-it? Or is it about the court itself committing contempt of justice by not taking a stand for one ruse or another and not doing enough to implement its verdicts? It seems to be a little bit of all the above but the crux of the matter is: who gets to be the ultimate adjudicator in issues of law and justice and the final arbitrator in a case of constitutional interpretation? Will it be the Supreme Court of Pakistan or the lawyer(s) of the prime ministers and presidents? As put succinctly by former chief justice of the United States, Warrenberger, when faced with a similar question and referring to the US supreme court: “We are bound by the Constitution, and the constitution is what we interpret it to be”.

Will that ever be the case in Pakistan or will we see every recalcitrant and defiant government attempting to take refuge in the mantra of judicial activism and judicial overreach? What Pakistan suffers is not judicial overreach but executive under-delivery. But that’s another discourse better left for another occasion.

During Thursday’s preliminary hearing of the contempt case, Justice Khosa put it bluntly to Barrister Aitzaz that the court would like to see the “will” of the prime minister and asked him if he was willing to write the court ordered letter to Swiss authorities if that were the final word of this bench. It was a deliberate, willfully straight question, warranting a direct response. While implying tacitly that the verdict ‘may’ be implemented, Aitzaz was deliberately evasive in offering a direct reply and instead said that in such an eventuality “‘I’ would be acting in accordance with the Constitution.” The question again: who will decide what constitutes proper constitutional response?

The government would understandably want this legal wrangling to continue indefinitely till it runs the course first with the Senate and then the general elections. The postponement of the contempt case till Feb 1 seems to have taken care of the first phase. The judiciary now faces the dilemma of appearing to be in a hurry if it presses with a tougher and tighter timeline and of being spineless if it continues cajoling the government while breathing fire at the same time. It’s time for both the government and the judiciary to match deeds with words and let the nation breathe easy. We have bigger problems like a stagnant economy and millions disappearing under the poverty line every day and all this dilly-dallying isn’t helping matters.

It is the realm of the learned judges to decide upon the finer points of law, but for an ordinary citizen like myself, simply the commitment that ‘yes we will implement the court’s verdict’ would have been an ample demonstration of the prime minister’s will. Unfortunately, those words never came. Not even two years after the pronouncement of the NRO verdict. The country desperately needs rule of law, not that of rulers and lawyers.

The most significant development so far in the contempt case is that it already shows signs of opening the very debate that the government has been loathe to even countenance: that of presidential immunity. The ensuing arguments will surely also end up deciding the complex question of whether the writing of the letter to Swiss authorities is an issue of a civil liability (as suggested by the courts) which does not enjoy any immunity privilege under the Constitution or if it crosses the line as it involves coalescing in what is otherwise a clear criminal proceeding between the Swiss government and the respondents. The undeclared, biggest worry of the land’s mightiest however is not of a legal nature. It has more to do with the political consequences of the truth about where, and how, the $62 million stashed in Swiss vaults disappeared.

The Longest Term

Lubna Jerar Naqvi on 21, Jan 2012 | No Comments | in Category: Debate Desk

Our prime minister seems ecstatic that his government has lasted as long as it has. And maybe he has reason to be. He proudly said recently that he was the longest serving prime minister of Pakistan, second only to ZA Bhutto, with 45 months under his belt. No mean feat, I am sure, in a country which is riddled with all kinds of problems.

However, someone should tell the august leader that it is not enough for a government to last long, if it doesn’t have anything to show for that long time of leisure at the expense of taxpayers. This government has been seduced by the glittering perks and privileges that have become a very important part of “governance”. I don’t want to be the party pooper but no government should only be remembered for setting a record of being in power for the longest time, it should be remembered for the most people-centric goals that it achieved while there.

All over the world, governments are judged on the work they achieved during their time in power which provides them a platform from which they can later ask for votes. However, our leaders know that our voters are a gullible, starving, miserable lot that can be programmed during the last few months before elections, fed the necessary propaganda, untruths and false promises, and who like lab rats will cast their votes for whoever the powers that be want them to choose.

It seems our PM has been led astray by his experts and advisers about the economy for him to have stated that the economy is improving. It wouldn’t be wrong if we ask: ‘Sir, of which country?’ Maybe from his vantage point – from where he sees land cruisers, sprawling mansions etc, – he is right, the economy of the country he sees is in fact getting better. From down here in the country called Pakistan, things are not so good.

If he desires to see this country he won’t have to go very far, he can go to Pindi or Lahore, where he’ll see large groups of people scouring the streets looking for unused timber to burn to cook and keep warm. Maybe then will he understand that the country is facing another huge crisis – the gas crisis. – adding to the long list of existing national miseries like poverty, starvation, unemployment, price hikes and, of course, our very old problem the power shortages.

Many of us had great hopes pinned on this government but it failed us as it has been fixated on trying to achieve the record of being the longest serving one, instead of being the one which achieved goals. Constant assurances from the top sound like a lot of noise down here where we Pakistanis live, and I am sorry it isn’t making much of an impression on the majority. The people of Pakistan don’t need hollow promises of change, they need to see change. They need to feel that things are being done for the betterment of the majority, not the select few living in the clouds.

Personally, I am sick of paying the salaries of government servants from top to bottom from my meagre income but getting nothing for my depreciating money’s worth. And I am not alone in feeling this way. You know what will look good in Pakistan’s political history, dear PM? That you were the longest serving premier of Pakistan whose tenure achieved some goals that went some way in mitigating the misery that afflicts the lives of millions in this country.

The Longest Term

Lubna Jerar Naqvi on 21, Jan 2012 | No Comments | in Category: Debate Desk

Our prime minister seems ecstatic that his government has lasted as long as it has. And maybe he has reason to be. He proudly said recently that he was the longest serving prime minister of Pakistan, second only to ZA Bhutto, with 45 months under his belt. No mean feat, I am sure, in a country which is riddled with all kinds of problems.

However, someone should tell the august leader that it is not enough for a government to last long, if it doesn’t have anything to show for that long time of leisure at the expense of taxpayers. This government has been seduced by the glittering perks and privileges that have become a very important part of “governance”. I don’t want to be the party pooper but no government should only be remembered for setting a record of being in power for the longest time, it should be remembered for the most people-centric goals that it achieved while there.

All over the world, governments are judged on the work they achieved during their time in power which provides them a platform from which they can later ask for votes. However, our leaders know that our voters are a gullible, starving, miserable lot that can be programmed during the last few months before elections, fed the necessary propaganda, untruths and false promises, and who like lab rats will cast their votes for whoever the powers that be want them to choose.

It seems our PM has been led astray by his experts and advisers about the economy for him to have stated that the economy is improving. It wouldn’t be wrong if we ask: ‘Sir, of which country?’ Maybe from his vantage point – from where he sees land cruisers, sprawling mansions etc, – he is right, the economy of the country he sees is in fact getting better. From down here in the country called Pakistan, things are not so good.

If he desires to see this country he won’t have to go very far, he can go to Pindi or Lahore, where he’ll see large groups of people scouring the streets looking for unused timber to burn to cook and keep warm. Maybe then will he understand that the country is facing another huge crisis – the gas crisis. – adding to the long list of existing national miseries like poverty, starvation, unemployment, price hikes and, of course, our very old problem the power shortages.

Many of us had great hopes pinned on this government but it failed us as it has been fixated on trying to achieve the record of being the longest serving one, instead of being the one which achieved goals. Constant assurances from the top sound like a lot of noise down here where we Pakistanis live, and I am sorry it isn’t making much of an impression on the majority. The people of Pakistan don’t need hollow promises of change, they need to see change. They need to feel that things are being done for the betterment of the majority, not the select few living in the clouds.

Personally, I am sick of paying the salaries of government servants from top to bottom from my meagre income but getting nothing for my depreciating money’s worth. And I am not alone in feeling this way. You know what will look good in Pakistan’s political history, dear PM? That you were the longest serving premier of Pakistan whose tenure achieved some goals that went some way in mitigating the misery that afflicts the lives of millions in this country.

Accidental Defaulter of Justice

Mohammad Malick on 20, Jan 2012 | 9 Comments | in Category: Debate Desk

Credit must be given to Prime Minister Yousuf Raza Gilani for appearing before the Supreme Court in a dignified manner, sans the rowdy crowds that accompanied Nawaz Sharif when he was summoned as a sitting prime minister. Unlike Nawaz’s defiant mannerism, Gilani’s address to the court was dripping with deference and the nattily dressed CEO of the desperately poor nation did not rattle any judicial nerves either. It was a perfect Kodak moment, except for one little niggle: The prime minister may have been less than generous with this irritating phenomenon called the truth.

The prime minister, and his brilliant barrister Aitzaz Ahsan, would have the seven-member bench, and the 180 million ignorant us, believe that his refusal to write the darned letter to Swiss authorities in pursuance of the verdict of the 17-member bench was not willful default but had been sired by the legal advice offered by the government’s team. In other words, the gentleman was at worst just an ‘accidental defaulter of justice’.

Kaput. If only life, and politics, were that simple. We would never know for instance whether this flawed legal team had also recommended that the PM make provocative statements in the house or portray a legal matter as a trial of the grave of Shaheed Mohtarma Benazir Bhutto. Was he also ‘advised’ to issue slanted statements against the Supreme Court and encourage humiliating and mocking theatrics by his sitting and former ministers? It would have added to the bona fide of the prime minister if he had shared why two attorney generals had walked out of their jobs in a huff and an equal number of changes had taken place in the office of the federal law secretary – particularly so when one of the former AGs has repeatedly stated publicly that he had advised the Gilani government to obey the court and write the letter.

Maybe the un-willful prime minister should also have told the court about the undeclared ‘willful’ purpose of the special session of parliament convened in the wake of the dismissal of the NRO review petition. According to someone who was involved in the entire judio-political consultative process (and ultimately affected the outcome as well), the core committee of the PPP advised by its legal eagle had decided to move a presidential reference against Chief justice Iftikhar Chaudhry and some others in parliament. Upon learning of this harakiri move, the leaders of the allied parties simply balked and plainly told the president and the prime minister that such a move could lead to a parting of ways. In this particular meeting, attended by the president, the prime minister and the head honchos of their closest trusted government allies, Dr Babar Awan faced some rather harsh criticism for supporting such a suicidal strategy. When the crazy idea of a presidential reference to the parliament was abandoned in favour of a parliamentary resolution, another heated debate took place over its proposed anti-judiciary tenor and the insistence that it come across as a direct vote of confidence both for the prime minister and the president. Here too the government backed off only when faced with the consequence of the allies walking off.

What transpired in this meeting exposes our rulers’ intrinsic and larger contempt for rule of law and not necessarily just the court itself. When a constitutionally elected government of the day wants to vanquish a constitutionally constituted Supreme Court only because it wants the government to observe its constitutional obligations then something is seriously wrong with the ruling mindset. Hardly a case of ‘accidental judicial defaulter’.

What is really at stake here in the ongoing contempt case, one wonders. Is it merely the criminal culpability of an individual called Yousuf Raza Gilani? Is it about a sitting prime minister telling the Supreme Court to take a hike come what may? Is it about the lame legal defence of I-didn’t-do-it-my-lawyer-told-me-to-do-it? Or is it about the court itself committing contempt of justice by not taking a stand for one ruse or another and not doing enough to implement its verdicts? It seems to be a little bit of all the above but the crux of the matter is: who gets to be the ultimate adjudicator in issues of law and justice and the final arbitrator in a case of constitutional interpretation? Will it be the Supreme Court of Pakistan or the lawyer(s) of the prime ministers and presidents? As put succinctly by former chief justice of the United States, Warrenberger, when faced with a similar question and referring to the US supreme court: “We are bound by the Constitution, and the constitution is what we interpret it to be”.

Will that ever be the case in Pakistan or will we see every recalcitrant and defiant government attempting to take refuge in the mantra of judicial activism and judicial overreach? What Pakistan suffers is not judicial overreach but executive under-delivery. But that’s another discourse better left for another occasion.

During Thursday’s preliminary hearing of the contempt case, Justice Khosa put it bluntly to Barrister Aitzaz that the court would like to see the “will” of the prime minister and asked him if he was willing to write the court ordered letter to Swiss authorities if that were the final word of this bench. It was a deliberate, willfully straight question, warranting a direct response. While implying tacitly that the verdict ‘may’ be implemented, Aitzaz was deliberately evasive in offering a direct reply and instead said that in such an eventuality “‘I’ would be acting in accordance with the Constitution.” The question again: who will decide what constitutes proper constitutional response?

The government would understandably want this legal wrangling to continue indefinitely till it runs the course first with the Senate and then the general elections. The postponement of the contempt case till Feb 1 seems to have taken care of the first phase. The judiciary now faces the dilemma of appearing to be in a hurry if it presses with a tougher and tighter timeline and of being spineless if it continues cajoling the government while breathing fire at the same time. It’s time for both the government and the judiciary to match deeds with words and let the nation breathe easy. We have bigger problems like a stagnant economy and millions disappearing under the poverty line every day and all this dilly-dallying isn’t helping matters.

It is the realm of the learned judges to decide upon the finer points of law, but for an ordinary citizen like myself, simply the commitment that ‘yes we will implement the court’s verdict’ would have been an ample demonstration of the prime minister’s will. Unfortunately, those words never came. Not even two years after the pronouncement of the NRO verdict. The country desperately needs rule of law, not that of rulers and lawyers.

The most significant development so far in the contempt case is that it already shows signs of opening the very debate that the government has been loathe to even countenance: that of presidential immunity. The ensuing arguments will surely also end up deciding the complex question of whether the writing of the letter to Swiss authorities is an issue of a civil liability (as suggested by the courts) which does not enjoy any immunity privilege under the Constitution or if it crosses the line as it involves coalescing in what is otherwise a clear criminal proceeding between the Swiss government and the respondents. The undeclared, biggest worry of the land’s mightiest however is not of a legal nature. It has more to do with the political consequences of the truth about where, and how, the $62 million stashed in Swiss vaults disappeared.

Karachi : A Warrior With In

Ovais Abowath on 21, Jan 2012 | No Comments | in Category: Hyde-Park

Weeping in shadows, drowning in drenching storm, I moved swiftly through the tornado , with one leg injured and a hand bleeding . But the physical pain was too much to swallow . Shrouded with atrocities , deceit and lies , I move in midst alone and pray for a better day . Yet against all odds , I keep moving . Logic says I shouldn’t survive I do  and I do because I am a Pakistani  and moreover a Karachiite.

I have been a believer of no discrimination of cities but somehow the charm of the city of lights is too much for a Pakistani in me to create some special space from Karachi . Started as Kolachi , no one could even imagine the monster this beast was destined to be and after a century , Karachi is one of the most populated cities in the world.

There is a special charm of large metropolises like Mumbai , Newyork , Tokyo etc  and Karachi is no exception . There is something special about this beast and that is quite difficult to find . Drenched in target killing , load shedding , Unemployment and poverty , it is difficult to find a positive of Karachi. One may seem the class difference widening more so in Karachi , higher inflation , lack of jobs , but as a true karachiite I can see a ray of hope in the abyss.

Karachi is not special on its own , Its awfull , pathetic but karachiites make it special and I am not talking about those infidels who party day in day out and spend all their parents hard earned corruption money on booze and girls . Neither am I talking about those artistically gifted people , who can blab on and on about the aesthetics of a certain painting . Neither am I talking about the couple dating at seaview or better Atrium now . No I am not talking about them . I am talking about that sad grim face that puts a stall in front of Zainab Market . Despite thin economic conditions ,the lads positive attitude is exemplary and despite all odds he still dreams of becoming the market leader in sales.

I am talking about that boy that goes to every car selling a rose , and will compliment on your (girl)friend and you will have to pay the necessary . Despite all hardship , that lad still has that shine in his eyes . He still hopes that one day he will drive that car. I am talking about a famous HalwaPuri vendor who raised 300 percent prices of halwa but is selling puri at loss so that the unfortunate can have some. He still sees them as his potential customers regardless of how tough it gets . I was talking about Edhi , who never understood the word no and kept on doing what he does best . His accomplishments are exemplary and his never say die attitude is unfound . I was talking about that guy who goes to NED/ Sir Syed / KU every day via bus and to pay all his expenses works at Anees Hussain or other coaching centers.

I am talking about that kid from lyari who takes two busses to train with a professional club at 7 in the morning .  I am talking about that aunty who sells food for 3 rs in the metropolises. I am talking about that teacher in government school who still goes in day in day out , not caring weather his collegues will be there . I am talking about that massi that despite bullets raging from all corners leaves her house in Khuda ki Bastee and reaches Clifton , works her socks off and tries to earn enough money so that her children could eat. I am talking about that aalim that doesn’t take a single rupee to teach quran to hundreds of children every day. I am talking about that dhabey wala who is always in a mix of how much to raise his prices and how it will effect the common man . And I talk about that bun kubab wala that intelligently starts using smaller buns , smaller patties but makes sure that the price of one bunkabab remains the same.

Karachi is ugly but its common man is beautiful and its them which makes this city of light glow in the dark . The word city of light cant be iradicated by KESC, it’s the commoner of Karachi that makes it glow. Long live hope , long live the oppressed , inflation burdened common man of Karachi . Its only when u leave this city you realize its greatness…L

Winters – Bluesy, Stingy and Oh-So-Karachi

Farahnaz Zahidi Moazzam on 20, Jan 2012 | 1 Comment | in Category: Lifestyle

Early morning. The sunshine is cold but warm. The streets are slightly foggy……not heavily laden like Lahore’s…..not piercingly clear like Quetta. Just slightly foggy. KESC has forgotten to shut off the street lights. A few people on bikes are whizzing past in worn out woolen caps, wearing flimsy jackets or without-sleeves sweaters. Some are even, shockingly, in just a tee shirt, somehow surviving. I am driving past the Defence Golf Club. At the side of the road, a group of six labourers is sitting, basking in the sun, sharing a joke as a chaai wala on a cycle hands them tiny cups of tea. As my car moves towards Sea View, the breathtaking beach of Karachi steals my heart yet again. Early in the morning, it is not crowded. I park the car, with a take-away chaai in a disposable cup from the infamous Café Clifton. A lone camel trudges along in a melancholy manner, looking bored. A number of people are taking a walk or a run along the beach. The breeze against my face is cold…..bearably cold….and beautiful. In a mysterious way, no other city I have experienced changes in terms of what it feels and looks like in winter, compared to Karachi. Winters a la Karachi – short, unpredictable and utterly beautiful.

Good things come in small packages. Just like the winters in Karachi. They last hardly a month, which is why Karachiites celebrate and relish them. Ever after is boring, as are the almost never-ending winters in other cities. Karachi winters show you a jhalak, have you pining for more, and stay in your system.

Good things are also spontaneous and unpredictable. Just like the winters in Karachi. For on one day, we might write off winters and say winter is over and the springy mid-summer feel is back in our city, but the very next day, or hour, the “Quetta winds” may lash back at you. You know that from the sudden crackle of dryness on your skin and the parched feeling in your throat in the middle of the night.

Good things are also politically correct – they are anti-extremism. Which is why I love Karachi’s winters. Moderate. Bearable. Agreeable. Comfortable. You can use your winter wardrobe, shawls and light sweaters, but only in Karachi will you find a woman surviving in a lawn ka jora with a shawl in December. You can wear your boots and coat shoes, but you can also survive in your sandals from Charles & Keith or studded chappals from Zamzama. And we Karachiites are so cute…..those of us who have a decent winter wardrobe will wear it even if it’s 15 degrees outside. Whatever we do, we do it in style.

The new food haven of Pakistan in terms of variety (with the debatable dethroning of Lahore as THE food-lovers’ paradise), winter brings a new zing to the culinary experience of Karachi. You will see inexpensive munchies like roasted peanuts and steamed shaqarkandi and karari gajjak and dry fruits. And you will see thailaas of coffee and soap. Hot nihari and gola kababs are eaten in a jiffy, lest the ghee on top freezes to a crust. A rise in the sales of paye on meat shops is seen. Barbeque is being done on terraces. Halwaas make life a sensory joy. Dinners and socializing reaches a crescendo, which means more food in every possible way. Breakfasts, brunches, lunches, high-teas, dinners…..and the in-between and after dinner coffee sessions, with finger food on the side. Bliss!

But perhaps the best part of winters in Karachi is that people, in addition to the temperature, seem to cool down. Faces on the street somehow smile more, as does the face looking at me in the mirror. Less agitated, less heated are the temperaments. It goes without saying that winters are Karachi’s honeymoon period. The mercury will climb higher in the months to come. We all know it. That’s the reality. But when have reality checks ever stopped anyone from enjoying the moment? So sip that coffee, drape that shawl tight, bask in the soft wintry sunshine and enjoy it while it lasts.

US ready for talks with Pakistan

NEW DELHI: Downplaying Pakistan’s refusal to disallow his visit, President Barack Obama’s Special Representative for AfPak Marc Grossman Friday said he will wait till the Pakistani parliament and government reassess and re-evaluate the relationship with the US.

Amidst political crisis in Pakistan, Grossman also said the US supports the civilian government and democracy there. “The Pakistan government has sought time to re-evaluate its relationship with the US. I respect that. I would be ready for talks when Pakistan is ready,” he told reporters after meeting Indian Foreign Secretary Ranjan Mathai here.

On whether Pakistan was discussed during his meeting with Mathai, Grossman said the Indian government can speak for itself on Pakistan. “What I would say is that of course we follow issues in Pakistan carefully.”

Grossman also said the US would continue to reinforce its conversation with Pakistan on the situation in Afghanistan and pitched the need for reviving trilateral dialogue. On the current confrontation in Pakistan, he said the US supports the civilian government and democracy in Pakistan. “This is a question for Pakistanis. This is an internal question for them. They have their own ways of going forward and I would not comment any further on internal developments,” he said.