“Thy Pious Ones” can return – CJP
A larger bench of 7 judges decided in favour of Nawaz and Shahbaz Sharifs to allow return Pakistan and declared their exile illegal. This news will hit to all the Lahoris as they have always been the biggest supporters of PML-N in the past. No matter if we distributed Sweets when Musharraf came but now (hungry and ready for another change), Lahoris are looking forward to their return.
Shahbaz is trying to give impression that Pervez Musharraf would have got them killed but it was Saudi Arabia that intervened and saved them, But they fail to give any tenable reason why they remained quiet for so many years and why they showed cowardice and fled Pakistan and why they did not face the charges against them in the courts of Pakistan earlier. Certain elements on the basis of ethnic considerations are trying to give impression that Sharif Brothers have gained popularity in Pakistan. They remained quiet for almost seven years.
Whereas, Musharraf’s supporters say:
The decision shows General Musharraf has
given us free judiciary and free media – that was not available in Nawaz Sharif era. He was a stooge of General Zia – the military dictator and still called by PPPians as Baquiat of Zia.
Now lets see what Musharaf and his team come back to media with..?
I personally wonder why these cases were not rested before Musharraf targetted CJP. These cases have been pending for long in past but how they are eventually getting finalised in few hours time so quickly?
Is it just because CJP has taken it up personally and now doing everything musharraf didn’t want to?
Then I believe Musharraf should start saying the opposite to get the work done his way! LOL. As it’s more looking like a personal war than war between Judiciary and Army as such.
Lets hear your point of views too?
Omer, if you don’t like the Sharif’s, thats a different matter.
But you don’t have to attempt contempt of court by saying that its a personal war. If you remember, even before the suspension of Chief Justice, he was hearing a case against Musharraf. Similarly, he was hearing a missing person’s case as well as stopped the sale of family silver at throw away prices.
Just to say that this is a personal war is to trash the whole lawyer’s movement, awareness of rights revolution that is taking place in Pakistan just because on election day you dont want to leave the comfort of your drawing room to go vote for someone (because in dictatorship you are saved from this ordeal – the outcome is evident)
agreed, title of the post is controversial. but let me remind Sharif brothers still hold the majority of Punajb and are a real major threat to sarkari PML.
besides, my opinion is to give every one chance in election and let people do the choice. right now we don’t have any strong figure who can challange Mush. and BB & Nawaz are quite much strong figures to atleast speak with him on a certain level.
Brother, I am not supporting Mush or CJP. I have provided point of views of both sides. Along with some criticism on Lahoris how they get ready on a change forgetting everything happened in the past.
Secondly, my concern is clear. I second the movement of Lawyers and it has indeed provided us a free judiciary in return. But the CJP is same, bench is same, all the lawyers are same, evidences are same, Mulzim, Mazloom, Gawahaan, all are same. But how the ‘same cases’ (read Benazir and Nawaz both) are getting finalized in the matter of hours? Can you please explain that to me?
Whatever the reason, the decision is correct in itself.
Though the media is playing a very negative role. If such a statement would have been discovered with BB’s signatures, they would have turned the whole world upside down.
Its strange that it did not occured to the two brothers that the people have constitutional rights when they were living in saudi arabia. Or there own comfort comes first? And the way the whole family packed up and left was quite shameful. And just a night ago kalsoom was off protesting, so it gave the impression that the protests were only to save own skin.
But I truly feel that the natural devide of pakistani politics is coming back and its not a bad thing. PML (whatever Q, N F etc) on one side and PPP on the other. If they remain within moderate limits then its a good sign. PPP for the first time was trying to get a little support from establishment, but thats not the name of a single person. The whole machinery has too much reservations about PPP. Mushrraf himself seems irrelavent now.
Nawaz’s come back can be a good sign at another level too. The right wing will have a “relatively moderate” figure to fall on. I think the real concern should be to MMA now.
But nawaz for sure is not a figure of change in pakistani politics.
Babar: A very detailed and a balanced analysis!!
So far I have nothing against the decisions taken by SC as they are on merit but a general tone in political parties to drag the SC into political matters and on every political debate give a threat of Azad Adlia, is against democracy. I hope SC does not go on that road. Political matters should be decided by the ballot. The problem with the judiciary is the inherited contradictions. Even if they decide by the law now, it will be seen as political because of their full support to unconstituional measures in recent past.
Similarly I dont see how can SC control the traffic flow in karachi. This is purely an administrative issue and the Nazim should have full control over it by the authority given to him through the elections. He does it effectively or ineffectively does not matter.
And BTW according to norms of justice CJP should not be sitting in any case in which Musharraf is a party, isnt it? Lets see what he decides in this matter.
Nawaz Sharif’s attempt to completely abolish the constitution altogether in favour of his “shahi farmans”, at the same time abolishing authority of any court in Pakistan. Pay special attention to underlined text while the clause 2(5) is a masterpeice.
It was passed with two third majority in national assembly while in senate Nawaz did not have two third majority but he threatened the senators in every possible way using his ally mullahs samiul haq , abdus satar niazi, sajid mir and others who issued fatwas declaring the senators out of pale of islam and calling for their death. Nawaz Sharif himsef went around the country comaigning against the senators. He was just waiting for the usual rounds of senate elections to give him enough votes in the senate, or at least in a joint session.( the votes were ofcourse gauranteed because of his another landmark 14th amandement). So this was no political bull , but a real deal to enforce religious fascism and gain absolute power.
Following is the text of the Fifteenth Amendment presented in Parliament on Friday, August 28, 1998.
CONSTITUTION (FIFTEENTH AMENDMENT) BILL, 1998
A Bill further to amend the Constitution of the Islamic Republic of Pakistan:
WHEREAS sovereignty over the entire universe belongs to Almighty Allah alone and the authority which He has delegated to the State of Pakistan through its people for being exercised through their chosen representatives within the limits prescribed by Him is a sacred trust;
AND WHEREAS the Objectives Resolution has been made a substantive part of the Constitution;
AND WHEREAS Islam is the State religion of Pakistan and it is the obligation of the State to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam as set out in the Holy Quran and Sunnah;
AND WHEREAS Islam enjoins the establishment of a social order based on Islamic values, of prescribing what is right and forbidding what is wrong (amr bil ma’roof wa nahi anil munkar);
AND WHEREAS in order to achieve the aforesaid objective and goal, it is expedient further to amend the Constitution of the Islamic Republic of Pakistan;
NOW, THEREFORE, it is hereby enacted as follows:-
1.
Short title and commencement
(1)
This Act may be called the Constitution (Fifteenth Amendment) Act, 1998.
(2)
It shall come into force at once.
2.
Addition of new Article 2B in the Constitution
In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the said Constitution, after Article 2A, the following new Article shall be inserted, namely:-
“2B.
Supremacy of the Quran and Sunnah
(1)
The Holy Quran and Sunnah of the Holy Prophet (peace be upon him) shall be the supreme law of Pakistan.
Explanation:- In the application of this clause to the personal law of any Muslim sect, the expression “Quran and Sunnah” shall mean the Quran and Sunnah as interpreted by that sect.
(2)
The Federal Government shall be under an obligation to take steps to enforce the Shariah, to establish salat, to administer zakat, to promote amr bil ma’roof and nahi anil munkar (to prescribe what is right and to forbid what is wrong), to eradicate corruption at all levels and to provide substantial socio-economic justice, in accordance with the principles of Islam, as laid down in the Holy Quran and Sunnah.
(3)
The Federal Government may issue directives for the implementation of the provisions set out in clauses (1) and (2) and may take the necessary action against any state functionary for non-compliance of the said directives.
(4)
Nothing contained in this Article shall affect the personal law, religious freedom, traditions or customs of non-Muslims and their status as citizens.
(5)
The provisions of this Article shall have effect notwithstanding anything contained in the Constitution, any law or judgement of any Court”.
3.
Amendment of Article 239 of the Constitution:-
In the Constitution, in Article 239, after clause (3) the following new clauses shall be inserted, namely:-
“(3A)
Notwithstanding anything contained in clauses (1) to (3), a Bill to amend the Constitution providing for the removal of any impediment in the enforcement of any matter relating to Shariah and the implementation of the Injunctions of Islam may originate in either House and shall, if it is passed by a majority of the members voting in the House in which it originated, be transmitted to the other House; and if the Bill is passed without amendment by the majority of the members voting in the other House also, it shall be presented to the President for assent.
(3B)
If a Bill transmitted to a House under clause (3A) is rejected or is not passed within ninety days of its receipt or is passed with amendment it shall be considered in a joint sitting.
(3C)
If the Bill is passed by a majority of the members voting in the joint sitting, with or without amendment, it shall be presented to the President for assent.
(3D)
The President shall assent to the Bill presented to him under clause (3A) or clause (3C) within seven days of the presentation of the Bill”.
The three acounts which the Sharif is nowadays sheding tears about that is free judicary, free press and constituion were all screwed by him to the unprecedented extent. He attacked the Supreme court, picked up and tortured editors of national level newspapers ( not your ordinary journalists like musharaf has occasionaly done) and tried to abolish the constitution altogether by his 15th amendment. Oh the hilarity of his statements nowadays. But people have a short memory :)
Sometimes I wonder how come people put BB and him in the same bracket. She liked money , but was no match to the things envisioned by Nawaz.
Babar,
People are celebrating the upholding of constitution. I think its time that people are gradually realizing that a person is not what matters (though we still have a long way to go towards acheiving a democratic mindset within the so-called democratic setup) rather availibility of justice.
Give the people, the media and the judiciary a chance. I am sure they won’t be as malleable as they were earlier.
@PATEXPAT I am optimistic too :)