Though it has become a general fashion in the liberal intelligentsia to curse Marxist analysis , it’s simply astonishing to note  that it has been very accurate in explaining the complex perspectives totally missed and unresolved by liberal analysis. Global Economic Crisis and Arab Spring are just two most outstanding examples, while BBC published a leading middle east expert testifying that Egypt will not follow Tunis on the road to revolution , the masses were flexing their muscles as Marxists were telling us since last year. While a lot as been said about the politics in the Islamic Republic , the text unfortunately has a Derridian flavour of  ever “said” is “unsaid”. Whatever has been said for past few years by our great anchors, intellectuals, key opinion leaders turned out to be simply rubbish. One really feels in awe about the job description of these great men and women who get paid in million for saying and writing rubbish. On the contrary it’s again astonishing that since the day PPP government took office , Pakistani Marxists have been very successful in explaining the complex perspective with a relative ease. They were accurate in their description of nature of judicial movement, the futility of black revolution , the coalition between PPP and PML N, the imperialist nature of war on terror ,and the ” relationship of mutual deception between USA and Pakistan military establishment. The parent descendant relationship between establishment and Islamists,  the sharpening of national question by establishment etc. Now that every one is talking about the great vision of Imran Khan i had the pleasure to read this great piece on him by leading Marxist intellectual Lal Khan. The article explains in concrete terms the phenomenon of Imran Khan and so-called civil society. If one reads carefully it will be a treat as it provides one with tools needed to analyze the fluid political perspective of Islamic Republic. Whats he says explains Khan superbly:

Imran Khan is no Oedipus in this crime infested politics of a rotten state and system. His odd admixture of Islamic crusades, western liberalism and a redundant nationalism can only add to the prevailing political confusion. The ideology of Pakistani national chauvinism he propagates withered away in the paddy fields of East Bengal drenched in blood forty years ago. The justice he vows to impart is unaffordable in market economics. The corruption he decries is not the cause of the crisis but the need and product of debilitated capitalism. Black money and corruption run the economic cycle that is prodding the country. The British parliamentary system he espouses is still a monarchy and increasingly facing revulsion by the British masses. The Pan-Islamism he idealises is in contradiction with the Pakistan nation state that he harps upon. The American police system he wants to impose has bred more crime than anywhere in the advanced world. The US he wants to befriend on an “equal basis” will not stop leeching off Pakistan as long as capitalism exists here. (LK)

Shaheryar Ali

 

Pakistan: Passions without truths – the myth of Imran Khan

Lal Khan. www.Marxist.com

It is often said that history repeats itself, but the truth is that it never does so in exactly the same way; it repeats itself but on on a higher plane. The general consciousness of the masses in any society is neither static nor eternal. It is in a state of constant change, flux and motion. Betrayals and defeats push it back but with the new resurgence of the class struggle it rises to new heights.

However, the temperament and moods of different classes in society can vary according to the conditions and the epoch through which it is passing. In general terms the social psychology of the middle classes or the petit bourgeoisie is empirical and suffers from bouts of impatience reflecting its social and economic base. This, in times of crisis, puts it in a state of permanent insecurity, discontent and unrest, swinging from one extreme to the other – trying to ape the bourgeoisie in ordinary times and jump into the proletarian bandwagon in revolutionary situations.

While the toiling classes can endure hardships for long periods of time and from an empirical outlook sometimes they seem to be infinitely dormant and docile. There can be decades of lull and yet these working classes can explode into volcanic eruptions that can transform the politico-economic systems and change the course of history through revolutionary insurrections. Such periods are historical exceptions. Most bourgeois experts and intellectuals cannot contemplate these tremors in advance as they are mentally blocked from doing so by their philosophy of logical positivism and methods of so-called pragmatism.

At the present moment in time, apart from some sporadic struggles, Pakistan is passing through a period of relative lull as far as the mass movement is concerned, yet society is immersed in a terrible social and economic crisis that has pulverised it. This contradictory state of affairs gives rise to a political vacuum where there is no visible force on the wider political horizon that can present an economic and political way out of this misery and distress. Nature abhors vacuum, however. Hence we see peculiar phenomena that arise to fill this vacuum with rhetoric that touches upon the burning problems but has no real solutions to avert the impending catastrophe. The ostentatious nature of the petit bourgeoisie or the so-called civil society makes them feverishly attracted to these “liberators”. As a class it is the petit bourgeoisie that provides the social base for religious fundamentalism, vulgar liberalism, national chauvinism and other metaphysical and sentimentalist tendencies in periods of social stagnation. The latest episode of this series of petit bourgeois binges is the “rise” of Imran Khan.

He has been hyped up by the media and sections of the ruling oligarchy and the state as a substitute, in a situation where yet another attempt by the ruling classes to attack the working classes through a democratic façade is being foisted onto the masses. After the failure of direct rule and the loss of the cohesion of the army’s apparatus that would permit it to impose its rule once more, this weary and weak attempt to salvage a redundant system, shows the pathetic state of Pakistan’s ruling elite.

Looking at the democratic political circus in Pakistan one is reminded of the celebrated words of the 18th century British conservative politician Edmund Burke: “The tribe of vulgar politicians are the lowest of our species. There is no trade so vile and mechanical as the government in their hands. Virtue is not their habit. They are out of themselves in any course of conduct recommended only by conscience and glory. The calculators compute them out of their senses. The jesters and buffoons shame them out of everything grand and elevated. Littleness is the object and in means, to them appears soundness and sobriety.”

Imran Khan is no Oedipus in this crime infested politics of a rotten state and system. His odd admixture of Islamic crusades, western liberalism and a redundant nationalism can only add to the prevailing political confusion. The ideology of Pakistani national chauvinism he propagates withered away in the paddy fields of East Bengal drenched in blood forty years ago. The justice he vows to impart is unaffordable in market economics. The corruption he decries is not the cause of the crisis but the need and product of debilitated capitalism. Black money and corruption run the economic cycle that is prodding the country. The British parliamentary system he espouses is still a monarchy and increasingly facing revulsion by the British masses. The Pan-Islamism he idealises is in contradiction with the Pakistan nation state that he harps upon. The American police system he wants to impose has bred more crime than anywhere in the advanced world. The US he wants to befriend on an “equal basis” will not stop leeching off Pakistan as long as capitalism exists here.

He is playing the part of a right-wing populist trying to console a beleaguered people with the rhetoric of reforms that the system has no room for. The Balouch and other oppressed nationalities he wants to negotiate and patch up a deal with, have  since long rejected the two nation theory that Imran Khan is trying to resurrect as its new Messiah. He may be the establishment’s black horse, but who can be in the ring without the blessings of the hierarchy of the state.

The Chinese alternative of time tested friendship is a hoax. Whenever have they made a policy not coherent with their interests? China is today the biggest exporter of capital. And capital is invested to extract profit, not to be eulogised. The workers’ rights he talks about can only be slashed in the present day investment that is capital intensive. Revolutionary parties and leaders are not built by media “exposure” and pampering, but conversely the revolutionary victories are snatched from the jaws of the hostile and belligerent media by rousing the masses against it.

Imran Khan is offering everything to everybody, that means that the status quo is retained and the rich will get richer and the poor will be impoverished even more. That is the only possible fate under capitalism in decline. But the most insidious aspect of the mobs around Khan is that as in the lawyers’ movement the ideological differentiation is being scorned. The ideological divide between the left and right is not a theoretical synopsis. It stems from the nature of the class divisions in society and the struggle for the surplus of labour that is in the last analysis the struggle of life and death. As long as class exploitation exists the ideological fight will continue to rage on. It is a line drawn in the blood of the generations of the toilers. Imran khan is rousing the petit bourgeoisie with passions sans truth. Once the mass movement erupts again, no deception will suffice. Class war will have to be fought to the finish.

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Ahmad Rashid rose to prominence after the Marxist-leninist insurgency in Baluchistan. He was part of the marxist nucleus which was fighting in Baluchistan. Another young man in this group was Najam Sethi who along with Tariq Ali are considered first of the “New Left” in Pakistan. Those who introduced Trotsky’s writings for the first time in Pakistani Left wing (which was hard core Stalinist and Maoist in those days). Both Rashid and Sethi soon quit being revolutionaries and emerged as seasoned political commentators and analysts operating in the “Post-marxist” paradigm. Amongst them Rashid is more academic, his work on Taliban and United States policy towards Afghanistan and central Asia is considered authoritative. He is perhaps the most objective analyst on Afghanistan and Pakistan. In the following article he puts Salman Taseer and Shahbaz Bhatti’s murders in perspective . While its fundamental to criticize the role of military establishment the abject surrender by Zardari regime should never be underestimated. Its the vacum being left by the weaker “political establishment” which is being filled in by the proto-fascist elements.  This sense of proportion is lacking in most progressive analysis coming from Pakistan but Ahmad Rashid’s highly analytical mind superbly achieves this balance. This is without any question one of best writing on recent crisis of Islamic Republic.

Shaheryar Ali

 

Ahmad Rashid : New York Review of Books Blog (With Thanks)

The assassination on Wednesday of Shahbaz Bhatti, Pakistan’s Federal Minister of Minorities, killed in broad daylight in Islamabad by four gunmen, is one of the most shameful acts of political violence committed by Pakistani extremists. That it comes just two months after the murder of Salman Taseer, the Governor of Punjab and one of the country’s leading liberal voices makes it all the more chilling. Yet the government and state’s reaction to the two killings has been even more shameful—raising the disturbing possibility that extremism is still being used by the security services in its efforts to oppose Western policies in the region.

The 40-year-old Bhatti was a Roman Catholic and the only Christian member of the cabinet of Prime Minister Yousf Reza Gailani. It was a death foretold. Taseer had been assassinated for his courageous struggle to amend Pakistan’s blasphemy law, which has been used to persecute minorities—a struggle to which Bhatti had also dedicated himself. Bhatti made a videotape some months ago that he wanted released to the BBC if he was killed. In it he said he would carry on the campaign to amend the blasphemy law.

“I will prefer to die for the cause [of defending] the rights of my community rather than to compromise on my principles,” Bhatti said in the tape. “The forces of violence, militants, banned organizations, Taliban and al-Qaeda, want to impose their radical philosophy in Pakistan and whosoever stands against it, they threaten him.”

Bhatti knew his life was in danger; he had been threatened repeatedly in recent weeks and had asked the government to provide him with security and a bulletproof vehicle. But even after Taseer’s murder, the government did nothing. Like Taseer, he ended up riddled with machine gun fire—though it is unclear whether a security detail might have helped, since Taseer was shot dead by his own bodyguard, a highly trained police officer. In both cases, the killers have come from a culture that has grown increasingly intolerant in recent years, abounds in conspiracy theories, and wrongly interprets Islam solely in terms of jihad and violence.

As leaders worldwide—from the Pope to Hillary Clinton to Nicolas Sarkozy—strongly condemn Bhatti’s murder, the reaction of the Pakistani government has been vapid. No action has been taken or promises made to curb the freedom of violent extremist groups, who have hailed both murders and who have meanwhile been staging daily street demonstrations in Lahore to demand the death sentence for Raymond Davis, the American CIA agent who is now in Pakistani custody after killing two Pakistani men believed to be agents for the army’s Inter-Services Intelligence (ISI). (Davis was part of a secret team working in the country; the exposure of his activities puts further strain on the uneasy alliance between the US and Pakistan.)

For its part, the army has so far failed to express regret about either Bhatti’s murder or Taseer’s. The army chief General Ashfaq Kayani declined to publicly condemn Taseer’s death or even to issue a public condolence to his family. He told Western ambassadors in January in Islamabad that there were too many soldiers in the ranks who sympathize with the killer, and showed them a scrapbook of photographs of Taseer’s killer being hailed as a hero by fellow police officers. Any public statement, he hinted, could endanger the army’s unity.

Behind this silence lies something more sinister. For decades the army and the ISI have controlled the extremist groups, arming and training them in exchange for their continuing to serve as proxy forces in Afghanistan and Kashmir. But in recent years, the army has lost control of them and they are striking targets of their own. Yet the army has refused to help crack down on its rogue protégés—despite the fact that extremists have increasingly attacked the army and the ISI itself, and at least 2,000 military personnel have died at their hands in the past five years. This is all the more ominous in view of the resources the military commands: half a million men, another half a million reserves, 110 nuclear weapons (according to US media estimates) and one of the largest intelligence agencies in the world, the ISI, which has an estimated 100,000 employees.

If the army has now surrendered any willingness to take on the extremists, the political establishment had already given up long ago. Prime Minister Gailani and President Asif Ali Zardari head the Pakistan People’s Party, the largest national party in the country—some would say the only national party left. Zardari, as the husband of slain leader Benazir Bhutto, is no stranger to extremism himself, and his populist base has traditionally voted for the party’s anti-mullah, anti-army and pro-people policies. Unfortunately those principles were abandoned by a series of corrupt and ineffectual leaders, and the PPP today is not even a shadow of what it once was.

Zardari has backtracked on foreign policy goals such as improving relations with India and Afghanistan, as well as on domestic efforts to curb the power of the extremists and impose new taxes—on almost everything that may have helped Pakistan move towards becoming a modern state. There is no doubt that the army has tried to thwart the civilian leaders at almost every turn—but rather than resist or resign, the politicians have just been brow beaten into compliance and abject submission.

As a result, there is a vicious double game playing out in the streets, fueling the tensions that resulted in Bhatti’s death. The security agencies have unleashed Lashkar-e-Taiba (LT)—the largest and most feared extremist group in Pakistan, which was behind the 2008 Mumbai attacks—on to the streets of Lahore. The group has been banned by the US, Britain and the United Nations and supposedly by Pakistan too. LT stalwarts have been demonstrating daily outside the US consulate to ensure that Raymond Davis—who was apparently charged with monitoring their activities—hangs. By giving free reign to such banned groups the security agencies may have inadvertently signaled to all extremist groups, including the sectarian groups who hate Christians, that they are free to take the law into their own hands. What is behind this complex and mind-boggling strategy? It is all part of a wider cat and mouse escalation between the US and the Pakistani military. The army wants to control any future peace talks that the US may have with the Taliban, so that the army’s aims for a future pro-Pakistan Afghan government in Kabul are met. Its leaders also want to make doubly sure that any long-term American arrangements do not leave Pakistan’s rival India in a stronger position in Afghanistan.

So far the US seems unmoved; and it has already circumvented the ISI to start indirect peace talks with some Taliban. One consequence is that the military are allowing extremist groups considered anathema to the US on the streets. This is also why Davis is not being freed, and why US-Pakistan relations are at their worst in many years. In the meantime, the army and the government continue to receive about $3 billion a year in US military and economic aid.

On March 3, Senator Bob Corker, who recently visited Islamabad, told the Senate Foreign Relations Committee that he found Pakistan “the most disheartening place in the world to be, where you are talking the type of relationship that we have.” He added, “I think that in many ways we get played like a piece of music” by the Pakistanis.

The ISI may well be playing the Americans, but it does so at the cost of steadily ceding ground to the extremists. Right now Pakistan is becoming a place where there is an army without a country.

 

Source: http://www.nybooks.com/blogs/nyrblog/2011/mar/04/army-without-country/

Dr Ayesha Siddiqa is one the most brilliant academic of Pakistan. Daughter of noted Urdu novelist and recipient of prestigious Adam Gee Award for literature Jamila Hashmi she rose to popular fame with the publication of her book “Military Incorporated” a brilliant theoretical contribution on Pakistan Army. She also stands out for distancing her self from anti government rhetoric of most liberal intellegentsia of Pakistan. She has frequently drawn attention to Pakistan’s collaboration with Islamist militancy. She along with Hassan Askari Rizvi was first to point out the principle contradiction in present bourgeois state set up. The conflict between  President Zardari and GHQ. Amongst the liberal academics she was also first to question the Lawyers Movement’s intentions and changing nature of Judicial activism in Pakistan referring  to it as “Judicial populism”. Yet the  persistent capitulation by president Asif Ali Zardari and his failure to give face to liberal and progressive political legacy of PPP has forced almost all of his well wishers to question their perspective. General Zia’s railway minister is Mr Zardari’s prime minister , son of Zia’s governor has  just left the government in an embarrassing situation. The unfortunate irony is that he was not stopped when he was changing the direction of Pakistan’s foreign policy to the favour of Pakistan Army. The conflict exploded in form of Raymond Davies incident. His prime minister publicly declared Zulficar Ali Bhutto’s socialist educational policy as wrong. PPP’s secretary information Fauzia Wahab criticized very core of Bhutto’s economic policy and lectured every one of privatization and economic liberalism and that when even Sarkozi was forced to condemn it after Global Financial Crisis. When Salman Taseer was murdered in cold blood in Islamabad his home minister who had long ties of Begum Shafiqa Zia and Chaudharies of Gujrat commented “I would personally shoot a blasphemer” . This despite the fact that Benazir Bhutto was strongly against Blasphemy law and so far  we believed that Mr Zardari was too. His Law minister , one reputed to enjoy his trust   pledged  to support the infamous ziaist Blasphemy Law even if costed him his life. His home minister Mr Rehman Malik also speaks language of IsI when it comes to Balochistan. He too is reputed to be a Zardari’s partisan. Yet another his  confidant is Mr Jamshaid Dasti who has strong ties with Sipah e Sahaba. It’s a total right-wing regime on whose top is sitting Chairperson of Pakistan Peoples Party , the largest socialist Party of Pakistan which is member of Socialist International as well. One simply fails to understand where is party’s co-chairman? Why there is a complete capitulation to right? Why all of chairman’s confidants  are Ziaist? I have frequently drawn parallels from history Zardari should start looking at pictures of Zulfikar Ali Bhutto of 1977. He too became hostage to “loyalists”. Those who were sitting on his right and left during negotiations with PNA. Those too were his most vulgar of partisans those who led him to capitulate to right. Those were first to ditch him after 5th July. Zardari should always remember Kosar Niazi

Shaheryar Ali

By Ayesha Siddiqa ( with thanks: Express Tribune)

ayesha.siddiqa@tribune.com.pk

Rehman Malik has yet again scattered his pearls of illogic by saying that the interior ministry was planning to impose restrictions on artists, journalists and students on scholarships travelling to India. They will now have to seek a no-objection certificate (NOC) from the ministry. Initially, it sounded as if he meant everyone visiting India. It seems so reminiscent of the Zia days. More important, I wonder what the president has to say in his defence when he had reminded a year ago some civil society members that, they were constantly pestering him to revoke the blasphemy law and improve relations with India. Creating space in the religious discourse and improving relations with regional states is critical for Pakistan’s own growth and development. Since the end of the 1980s, every government seems to have realised this logic. Or was it a different Asif Zardari than this one who seems to have gone in hiding and so allows his interior minister to shoot himself and the entire nation in the foot? Or is it that the president is too scared to implement what he had reminded the civil society members of? We know that his party is completely divided on supporting Taseer and may be in a greater fix on improving ties with India. Such restrictions on artists , students and journalists are ridiculous and give the country an image of a state with an iron curtain just like the one that the former Soviet Union had during the days of the Cold War. Everyone has the right to travel around freely. Unless the government employs these people, they are private citizens who sell certain services and it gives the country a good name when they perform abroad. The government may or may not have any contribution in training these artists or making them famous. In any case, why should the government care about its citizens making a fool of themselves while they are abroad when it has no qualms about great names like Mehdi Hassan living a life of poverty and in ill-health. Let’s be honest, it was only after Rahat Fateh Ali made his way to a bigger market in Bollywood that he got noticed in Pakistan and outside. Why such a show of aimless ego when the government doesn’t care about the thousands of Pakistanis that travel or live abroad? Or will Rehman Malik impose a condition on all Pakistanis travelling abroad to seek an NOC just because some are found to be involved in crimes in other countries? After all, people may or may not engage in activities in the future that would eventually put them in trouble or embarrass them. But they do not necessarily become the government’s responsibility. In any case, if Mr Malik is so peeved about the state’s honour and wants to regulate the behaviour and personal lives of citizens, he may also look into disciplining the numerous militant organisations that create trouble abroad. This might help the state’s image more than anything else. The interior ministry does not even have the infrastructure and system to impose such a law. Such restrictions at best will ensure that Pakistani artists don’t get invited abroad. The interior minister is possibly trying to make the establishment happy. But then, isn’t he supposed to take his cue from Asif Zardari? Or is it that the president himself has changed the way he used to think about peace and stability in the region and changing relations with neighbours? I am also reminded of Shah Mahmood Qureshi’s first visit to the UK as a foreign minister. The Pakistani high commissioner gathered a few individuals from think tanks and some journalists for a dinner meeting with the foreign minister. Later in the evening, the foreign minister rose to give his speech. He passionately spoke about his desire to make his first trip to India and improve relations with them. It all sounded good except that the defence, air and naval attaches sitting on my table did not see eye to eye with him. Clearly, their brief was different from Qureshi’s. It was not too long before he also started following the brief from the GHQ rather than from his party’s leadership. Now it appears that other ministers have gone the same route. A similar restriction was introduced under Zia’s rule which was fought back and removed through the efforts of Benazir Bhutto. It would help if someone saw the illogic of the above decision. Published in The Express Tribune, March 6th, 2011.

Shaheryar Ali

Today Federal Minister for minorities Mr Shahbaz Bhatti was murdered in Federal capital of the Islamic Republic. He was murdered in cold blood by the band of fascist thugs known as Tehrik-e-Taliban Pakistan who were swift to claim responsibility. Mr Bhatti was a life long activist for minority rights and a vocal opponent of the infamous “Qanoon-e-Toheen-e-Risalat” (Blasphemy Law). A progressive who along with Salman Taseer and Sherry Rehman was on forefront of introducing secular pro-minority agenda on national level and within PPP.

The murder is linked with that of Governor Taseer and now Sherry Rehman is the person most under threat. These murders are result of the organic crisis of Islamic Republic. A governor was murdered by his own security guards and now a federal minister is shot dead when he was leaving to attend cabinet meeting.   Federal minister was “without security”. In these kind of situations when factions of state and their proxies are in a state of chaotic warfare many murders are destined to occur and destined to remain un-resolved. Since the “Black Revolution” right wing was able to re-assert itself in the power struggle within Pakistani state. Musharraf’s purges had led to weakening of hardcore Islamist cadre in Pakistan Army; the traditional bastion of power of Pakistani Right. This had significantly weakened their power within state. This loss was compensated by Lawyers Movement who gave Pakistani right a new power center through which they can dictate their agenda. The restoration of hardcore right wing judges meant that every initiative by Zardari regime to curb Islamofascism be made ineffective. This was visible soon after their restoration when we saw statements from honorable judges who pledged their support to Blasphemy laws, Islamic statutes of constitution, the objective resolution.

Every single terrorist caught has been set free by our free judiciary. United Nation sanctions against Punjabi Taliban were made ineffective by Khawja Sharif’s court. The court has never taken notice of Taliban atrocities throughout Pakistan. When in Karachi the allies of Lawyers movement pledged to “kill anyone who mourns Salman Taseer’s murder” no action was taken. When it was said that every such person should “write his will” and “buy his kafan” no suomoto action was taken. Bars are conducting functions in support of assassin of Governor Taseer and those organizing it are those who use to chant “chief tere jaa’n nisar—–“. It simply means that it’s a “license to kill”.  Secular clowns who didn’t listened to anyone when they were marching with General Hameed Gul and Qazi Hussain Ahmad that what will be the result of radicalization of the poorly educated lawyers.  From Dr Abdul Qadeer Khan to Murderer Qadri this is what Bar has to offer to Jinnah’s Pakistan. When judges pledge support for such laws, Lawyers turn a assassin into a hero and government exist merely as ghost who doesn’t even controls Islamabad this happens what is happening.

With Rehman Malik and Babar Awan controlling Law and home ministries we can be sure that no secular man or woman will either get security or the public prosecution will ever build a case to send these thugs to gallows. With assassination of Governor Taseer and Shahbaz Bhatti it has been confirmed. Sherry Rehman should be under no illusion her life is in serious danger, I strongly appeal to her that she should immediately leave the country. Don’t believe any assurances either of government or Americans. Dangers are that every progressive voice will be silenced. You have a responsibility to your life as well as to next generations to protect the progressive legacy of PPP. You can be more effective in advocacy for minorities abroad.  I am sure you will listen to voices of reason and leave.

 

’عدلیہ دائرہ کار سے تجاوز کر گئی ہے‘

علی سلمان

بی بی سی اردو ڈاٹ کام، لاہور

عاصمہ جہانگیرعدلیہ کا کام ارکانِ پارلیمان کی اخلاقیات کی جانچ پڑتال نہیں

پاکستان انسانی حقوق کمشن کی چیئرپرسن عاصمہ جہانگیر نے این آر او کے بارے میں سپریم کورٹ کے فیصلے پر تبصرہ کرتے ہوئے کہا ہے ’عدلیہ اپنے دائرہ کار سے تجاوز کرگئی ہے اوریہ بہت ہی خطرناک بات ہوگی کہ سپریم کورٹ اراکین پارلیمان کی اخلاقیات پر فیصلے دے۔‘

عاصمہ جہانگیر نے بی بی سی اردو ڈاٹ کام سے گفتگو کرتے ہوئے کہا کہ جس طریقے سے فیصلہ آیا اور مانیٹرنگ سیل بنائے گئے اور سارے اراکین پارلیمان کو ایک طرح سے وارننگ دی گئی کہ ان کے کردار کی چھان بین ہوسکے گی ’وہ سمجھتی ہیں کہ عدلیہ اپنے دائرے سے باہر نکلی ہے۔‘

انہوں نے کہا وہ اس بات کی توقع نہیں رکھتی تھیں کہ عدلیہ اب اس بات کی جانچ پڑتال شروع کردے گی کہ ممبران کے اخلاقیات کیا ہیں۔

عاصمہ جہانگیر نے کہا کہ اراکین اسمبلی تو الیکشن لڑ کر آتے ہیں لیکن جج تو اپنی ساکھ کی وجہ سے آتے ہیں اگر ممبران پارلیمان کے لیے معیار اتنا بلند کردیا جائے کہ کوئی اس پر پورا نہ اتر سکے تو پھر عدلیہ کا معیار تو اس سے بھی بہت بلند ہونا چاہیے۔

انسانی حقوق کمشن پاکستان کی سربراہ نے کہا کہ ’یہ جوڈیشل ایکٹوازم نہیں ہے بلکہ عدلیہ اپنی اتھارٹی کو بہت زیادہ آگے لے گئی ہے۔اب اس نے مانیٹرنگ سیل قائم کرنے کی بات کر دی ہے۔یہ بھی دیکھا جائے گا کہ کس میکنزم کے مطابق کام ہوگا۔‘

’عدلیہ کی سپرویژن تو ہوتی ہے لیکن مانیٹرنگ سیل ہم نے آج تک نہیں دیکھا کہ اس طریقے بنائے گئے ہوں۔‘

انہوں نے کہا کہ وہ سمجھتی ہیں کہ تقسیم اختیارات کا نظریہ متاثر ہوا ہے۔’عدلیہ کو اپنے رویے پر غور کرنا چاہیے اس کا اپنا ایک مقام ہے اور اسے اپنے اس مقام پر واپس چلے جانا چاہیے۔وہ کسی خاص معاملے یا کیس میں اپنی دلچسپی نہ دکھائے۔‘

’وہ انصاف ضرور کریں لیکن یہ مخصوص نہ ہو بلکہ مساویانہ انداز سے ہونا چاہیے کیونکہ یہ نہ صرف ملک کے لیےبلکہ خود ان کے لیے بھی اچھا نہیں ہوگا۔‘

ایک سوال کے جواب میں انہوں نے کہا کہ وہ اس فیصلے کے خلاف اسی صورت میں اپیل کرسکتی تھیں جب اس عدالت سے بڑی بھی کوئی عدالت ہوتی۔انہوں نے کہا کہ سپریم کورٹ کے سترہ رکنی بنچ نے ایسا فیصلہ سنا دیا ہے جس کی کہیں اپیل بھی نہیں ہوسکتی۔

’انسان آخر انسان ہوتا ہے اس سے غلطی ہوسکتی ہے اسی لیے اپیل کا حق رکھا جاتا ہے۔ یہ بھی سوچنے کی بات ہے کہ اتنے بڑے فیصلے کردیئے جائیں اور اس کی کہیں اپیل بھی نہ ہوسکے۔‘

انہوں کہا کہ وہ یہ نہیں کہتیں کہ عدلیہ فیصلے نہ دے لیکن جو بھی کرے بہت سوچ سمجھ کر کرے۔

عاصمہ جہانگیر نے کہا کہ اس سے کوئی انکار نہیں کرسکتا کہ جن لوگوں نے لوٹ مار کی ہے ان کے مقدمات عدالتوں میں چلنے چاہیے اور یوں اجتماعی معافی نہیں ہونی چاہیے لیکن عدلیہ نے جس انداز میں فیصلے کیے ہیں اس پر انہیں تحفظات ہیں۔

دریں اثناء انسانی حقوق کمشن آف پاکستان نے ایک بیان جاری کیا ہے جس میں بعض افراد کے بیرون ملک نقل وحرکت پر پابندی کو بنیادی حق کی خلاف ورزی قرار دیا ہے اور کہا ہے کہ کمشن کو اس بات پر پریشانی ہے کہ حکام نے ایگزٹ کنٹرول لسٹ آرڈیننس کا اطلاق کردیا ہے جسے کبھی بھی منصفانہ نہیں سمجھا گیا۔کمشن کی سربراہ عاصمہ جہانگیر نے کہاکہ پیشگی نوٹس اور مناسب وجوہات بیان کیے بغیر پابندی عائد کرنا اس بنیادی حق کی خلاف ورزی ہے جس کی ضمانت ملک کا آئین دیتا ہے۔انہوں نے کہا کہ جن لوگوں کے خلاف عدلیہ میں مقدمات چل رہے ہوں ان کے بیرون ملک سفر پر پابندی عائد کرنا ضروری نہیں ہے ان کے فرار کو روکنے کے لیے عدالت میں قانونی سطح پر یقین دہانی حاصل کی جاسکتی ہے۔انہوں نے کہا کہ ایگزٹ کنٹرول لسٹ کو ماضی میں سیاسی طور پر حراساں کرنے کے لیےاستعمال کیا جاتا رہا ہے اور اب ایگزٹ کنٹرول لسٹ کا عدالتی فیصلے کی آڑ میں من مانے طریقے سے استعمال کسی آفت سے کم نہیں سمجھا جائے گا۔انہوں نے کہا کہ قومی دولت لوٹنے والوں کے خلاف جو قانونی کارروائی کی جارہی ہے وہ کافی ہے، حکام کو بے جا غصے اور جوش میں آکر ایسے ناجائزاقدام نہیں کرنے چاہیے جنہیں وہ انصاف سمجھتے ہوں۔

Source: BBC Urdu

Asma Jahingir is the chairperson of Human Rights commission of Pakistan.

Xeno

Thief Shumila Rana

Thief Shumila Rana

“It’s a victory of justice” these were the magical words that PML-N’s MP  Miss Shumaila Rana uttered outside the LHC . Miss Rana was accused of credit card theft and was caught in act of crime by the CCTV whose footage was shown on national TV. I guess those words really define our society today, it is victory for someone but the question is , can it be called a victory for Justice?

Can present judiciary make unbiased decisions especially in the cases of  those who supported the cause of old PCO judges [these honourable judges took oath under PCO issued by General Pervez Musharaf when he dismissed the right wing bonapartist regime of Mr Nawaz Sharif and legalized his martial law, gave him the power to rule the country in uniform and to amend the constitution at his will and after first restoration allowed him to contest the presidential election in uniform]  like lawyers and political parties.
Let us take the case of Justice Khalil-ur-Rehman Ramday his brother the former attorney general of Pakistan an sitting MPA of PML-N from Toba Tek Singh his son (Raza Farooq) was made attorney general of Punjab against the established  criteria of competency and skill just for his and his family’s time tested affiliation  with the  Sharifs .

Can we expect the justice when uncle is a Judge with political views, [right wing] nephew Attorney general and father former attorney general and now a very important MP of  party in power. To find out an answer thankfully we don’t have to search hard. Justice Ramaday had answered that in one of his many television interviews [ A practice which itself is deplorable in British judicial tradition from which our judicial system has evolved] he said, “I never gave a judgment against Asif Ali Zardari  because my brother then the Attorney general was defending Nawaz Sharif government.” I have a problem with that Mr Ramaday because  justice delayed is justice denied, isn’t? If you were so sure Mr Asif Ali Zardari has done something wrong you should have convicted him

Old PCO judges remain in control

Old PCO judges remain in control

under the law. When you were not giving decisions in cases of Mr Asif Ali Zardari to prove the twisted logic of your impartiality, you were in fact hindering his release and his bail. Mr Asif Ali Zardari spent 11 years in prison without being convicted setting a record in judicial persecution. It was not you impartiality your honour, ill beg to say that the  truth is you never did that because it was not in the script that Saif-ur-Rehman had written. The plan was never to fight corruption , or to serve justice, rather it was to delay justice, to drag the cases for long time to keep Asif Ali Zaradari in jail during the prime of his married life to break the will of Ms Benazir Bhutto, to continue a media trial of Bhutto-Zardari family , to destroy their popularity hence finish the PPP.
The cases were fake and weak and you never would wanted to give your judgment and  your brother was buying time from your respected court for his brilliant colleague Mr  Saifur Rehman to manhandle and torture Mr Zardari , so that he breaks, either divorce Ms Bhutto or accept the allegations of massive corruption. [Mr Asif Ali Zardari was tortured in custody without any intervention from the courts, in one instance his tongue was slit using a sharp object, his also suffered a permanent spine injury due to torture]

He was kept in prison for 11 year to break him so that either he divorces

Benazir

Benazir

BB or accept the allegation, but he stood firm, when the Sharif  family ran away from the country like cowards , Mr Nizami of Nawa-e-waqat, one of the worse enemy of Bhuttos called Asif Ali Zardari Merd-e-Hur.
you can’t deny that  Sharifs are enjoying full support of judiciary in Punjab. Recently magistrates were appointed by Punjab government the appointment criteria was political support of PML-N, this was the clear violation of new judicial policy but no court acted. All the laws and morality comes into play only when PPP is involved, there is a lot of hue and cry against “jiyala judges” but when it comes to judges who are sympathizers of PML and JI not a single word is uttered.

The Pundits in Islamabad are already talking about regime change and “minus one” formula in Islamabad.Why Benazir and Asif Ali Zardari are not acceptable? The roots of it lies in the structure of Pakistani state, which have been called a “National Security State”.

The reason is BB was not part of national security state the idea which civil-military bureaucracy had carried forward since our first war with India in 1948. BB was termed as a threat to national security. Now let us determine theory of national security state.
• India is our enemy number one.
• America will give us funds, so that we remain a national security state because its in our interest and if we serve American interest its not problem as long India remains our enemy.

Now let analyze internal factors which protects national security state .

Military ,intelligence agencies , courts ,religious parties and right wing media  they roughly form what left wing analyst use to call “establishment” whose meaning has been distorted by the channel mafia. I remember in recent television interview of Mr Majid Nizami [editor and own of Nawa-e-waqt group one of the leading media business houses of Pakistan which controls Urdu and English news papers and  a television channel ]was saying we can never be friend with India and we should not waste our time we  should fire our all nuclear weapons towards India . what worse can happen in the process we are already dying because India has stopped  our water supply. A similar Media Pundit, Mr Javed Chaudhary always concludes his popular programme by saying “we can never be friends with India”.

Coming back to our original discussion why BB was a threat to a national security state .
Reason number one she never considered India as enemy number one , her  first state visit to India was first step towards normalization and thankfully Mr Rajiv Gandhi also rose to the occasion and acted very sensibly . This was a direct threat from BB to national security state because the whole Idea of national security state revolves around India (enemy ) .
Agencies never accepted BB olive branch towards India . Her first government was dismissed , her role in normalization and her meeting with Mr Gandhi was part of the charge sheet along with the allegation of appointing great Urdu poetess Fehmida Riaz, the “Indian agent” in minister of culture.  One of the first act of Mr Sharif’s government was to confiscate Miss Raiz’s passport and persecute her.

Now we are left with role of judiciary in protecting national security state.  BB’s government was overthrown on charges of corruption and judiciary endorsed that decision but the decision was different for Mr Sharif whose government was one of the most corrupt and repressive.

The Chief Justice which restored Sharif’s government was Nasim Hassan Shah, one of the judges who hanged Zulfikar Ali Bhutto. He later confessed on tv , that his decision was flawed and motivated by anger.

His decision to restore Sharif’s government was hailed as a “judicial revolution” which destroyed the “doctrine of necessity” for ever. What happened after that is history

Forget about all this, General Hameed  Gul on national television had said BB was a threat to national security so he created IJI and funded it till the end.

Now one IB  chief Breg Imtiaz made stunning confessions on TV which proves that the establishment itself created ethnic tensions in Karachi by creating the stunt of “Jinnah Pur”. This led to brutal  military operation, the ethnic hatred it created still is burning Karachi. This shows how far this state can go for its security objective, even if it means to kill its own people.

So now we come to present situation president is not going to dissolve assemblies , the government of Pakistan Peoples Party despite all the propaganda and ill faith about it which exist in the Urban chattering classes has shown remarkable progress. Some things must be mentioned which this government achieved

1) It sent Pervez Musharraf home

2) Faced with the worse global economic meltdown whose scale and effect was unmatched in human history , Peoples Party government didnt let the country collapse. Not a single bank or big corporation sank in Pakistan.

3) This government was able to defeat Right wing on war against Taliban, its strategy of signing Nizam-e-Adel exposed Taliban and its supporters and for the first time public opinion in Pakistan shifted in support of war against Taliban

4) After Mumbai attacks, its was soley due to presence of democratic PPP government that India showed restraint. A war was avoided.

5) Benazir Income Support programme, may be inefficient and riddled with errors but it has sowed the roots of a welfare state in Pakistan. After 30 years of Neo Liberalization PPP government once again put the concept of “responsibility of state towards the poor” back on agenda. It is a great achievement.

This government cannot be defeated by political means, a martial law is practically impossible, establishment’s hope are on Yousaf Reza Gilani to persuade him to become the next Farooq Legari. I hope he will not follow his footsteps esp looking at his political fate. If this card fails they have only one card left. Its the judiciary
Only judiciary  can protect our national security state and they are in a position to bring down this government. Judiciary’s recent decisions on Nawaz Sharif and Hafiz Saeed have reaffirmed their comittment to the ideology of “national security state”.

if pakistaan and india becomes friends then from where army and intelligence agencies will loose all their strength. One needs to read Dr Ayesha Siddiqa’s landmark book to understand the real character of Pakistan Army

Pakistan cannot afford to live in illusions, the judiciary must understand that it should not try to control the democratic regime. It has to show impartiality which unfortunately is not visible any more!

Xeno is a Lahore based student of Engineering, his interests includes politics and history and he is a supporter of Pakistan Peoples Party

On April 22, 2009 i wrote an article in my blog on the “thuggery” which was being declared a revolution. “The Black Revolution” a clown called it. Ignorant of the movement of history and the socio-cultural compulsions, many people in Pakistan adopted a dogmatic stand citing ideology and principle in supporting the lawyers movement. They completely disregarded the “evolution” which took place in lawyers movement , from a liberal movement, it became an instrument in hands of Jamate Islami and the reactionary retired generals. In the article, “Delirium: My name is Black” i tried to relate fate of such “movements” in a societies which are in grip of anarchy. In such situations, are the rhetoric of “order” results in “disorder”, i utilized the example of “black shirts” of Italian Fascist movement which also took control in name of “order”, “law” , constitution and “national honour”. Today Nadeem Farooq Paracha has taken a similar line. I am really glad that some people in Pakistan are aware of the dangers

Shaheryar Ali

Nadeem F. Paracha
Sunday, 09 Aug, 2009. With Thanks: Dawn

Recent incidents remind one of the antics of Mussolini’s notorious gangs of rampaging thugs. — File Photo

Recent incidents remind one of the antics of Mussolini’s notorious gangs of rampaging thugs. — File Photo

Thanks to the entirely lopsided media coverage in favour of the lawyers’ movement and the somewhat nauseating superlatives used to decorate the stand of the deposed CJP and his merry band of lawyers, there was always a danger of the lawyers’ community at large seeing themselves as gallant heroes who were above the law — a law which, to them, now meant nothing more than an ugly ogre to be constantly attacked, insulted and spat upon.

Harsh words indeed for a community which played its part in making the country’s last dictator announce his resignation. But the truth is that the lawyers would have remained nothing more than a loud little tassel if not for the overwhelming help they got from an adoring media and mainstream political parties such as the PML (N), and earlier, the late Benazir Bhutto’s PPP.

The recent spat of incidents in which groups of lawyers unabashedly abused and physically attacked former ministers, police officers, journalists, low-grade bureaucrats and civil judges while still in their black coats reminds one of the antics of Mussolini’s notorious gangs of rampaging thugs called the ‘Black Shirts,’ who, too, after tasting populist applause, started considering themselves above the law, eventually becoming one of classic fascism’s most animated expressions.

Isn’t this not what has happened to a movement that (unlike Mussolini’s fascist spurring) actually stood for the rule of law, democracy, constitutionalism and justice?

Well, did it really?

To begin with, there is absolutely no doubt that in spite of the fact that the CJP had agreed to take the oath in 2001 under Musharraf’s controversial PCO, his decision to stand up against what he considered were unconstitutional moves by the General was a laudable act. But a democratic and progressive protest movement by the lawyers bemoaning the CJP’s removal by the dictatorship started to change colour the moment it was turned into an anti-Musharraf bandwagon by the PML (N) and the PPP.

Now, there is certainly nothing condemnable about this, because active mainstream political parties are supposed to make full use of such openings. However, this did turn the movement into becoming a lot more political in nature which in itself created another window, this time for fringe parties such as the Jamat-i-Islami and Tehreek-i-Insaaf and parties from the peripheries of Sindhi and Pukhtun nationalism to tumble in with all of their political myopia and cornered, reactive attitudes.

Add to this mix the overwhelming coverage and praise the movement got from the media, and you have in your hand an explosive breed of highly politicised lawyers with cringing delusions of grandeur that have now emerged in full flow months after the movement officially came to an end with the restoration of the honourable CJP.

The saddest part in this respect is the way even the sanest and most democratic

instruments of the movement have largely tried to simply mumble out their reaction to the acts of violence and harassment perpetrated by some of their colleagues.

They are more than clear and ear-splitting in their condemnation of Musharraf and Zardari, but even after the many acts of violence involving lawyers have been captured on camera and repeatedly run on mainstream TV channels, these once glorified harbingers of justice and rights have at best sounded sheepish or simply decided to ‘vanish’ from the radar of the media.

The leading lights of the culminated Lawyers’ Movement must realise that their movement without the participation of mainstream political parties and the media would have amounted to nothing more than a fly-like nuisance for the dictatorship.

And the (electronic) media, much of which is now rightly questioning the many shameful post-Movement acts of the lawyers, should learn a vital lesson from these episodes. Its over-enthusiasm for sensational coverage and the space that it gives to cranks whose ‘analysis’ are nothing short of hateful fatwas against those they dislike and superlative praises for those they adore, has merely created monsters.

These include certain religious extremists in the NWFP, the Lal Masjid terrorists, and now a big, bad batch of lawyers whose delusions of grandeur — that the media helped create — seem to have made them lose all contact with democratic decency and maybe even reality itself.