PM’s conviction: Is Supreme Court acting ultra vires its scope?
By Yasser Latif Hamdani The constitution of Pakistan envisages a trichotomy of powers i.e. federal, legislative and judicial powers. Each of these three branches are distinct and derive their powers from the Constitution. The Supreme Court of Pakistan is a creature of the Constitution. It derives its original jurisdiction in terms of disputes between provincial governments and federal government from Article 184 (1) and 184 (2) which judgments have to be declaratory in nature. Article 184(3) vests the Supreme Court with jurisdiction to decide questions of fundamental public importance. The Appellate and Advisory Jurisdictions are derived from 185 and 186. The Supreme Court and the High Courts have the power of judicial review i.e. to review legislative functions and see if these are in accordance with the constitution. … Read entire article »
Filed under: Constitution, Judiciary, Pak Tea House, People's Pakistan
The Inside Story of the Doctors Movement
by Anonymous The first recorded protest by students in Punjab was in 1905 when students from King Edward Medical College, led by Dr. Satya Paul protested against the discrimination being faced by the students (Page 21, Pakistan Main Tulaba Tehreek, Professor Aziz uddin Ahmed). The first proper National Student Body was founded by yet another medical student, Dr. Sarwar from Dow Medical College, Karachi. Dr. Sarwar formed Pakistan’s first student union, the Democratic Students Federation (DSF). … Read entire article »
Filed under: Democracy, Doctors, human rights, Judiciary, lawyers movement, Media, movements, Pakistan, Uncategorized
Feeble excuses
By Saria Benazir The month of december has begun with conspiracies that further taint the already disastrous situation society and politics is in. The future of Pakistan is indeed obscure amidst “patriotic” plots. I cannot repress the history that I have known since my childhood. No child in Pakistan is raised up without having the seeds of pro-Jihadist ideas sowed in his mind. If not family, textbooks provide enough propaganda. These ideas are later malformed into radicalism, we instead term it “Islamisation”, or the pathetic “patriotism”, the definitions of which still elude us. A person, who is not thus “Islamic” or “patriotic” is termed as a “liberal”, the most reviled word in the dictionary. Let us take the memo gate scandal as an example of this moral corruption. On December 1 the Chief Justice of Pakistan began a program … Read entire article »
“Free Dr Chishty” – Indian Supreme Court Justice Katju appeals to PM Manmohan Singh
An Indian Supreme Court judge has sent a “personal appeal” to Indian Prime Minister Dr Manmohan Singh, urging him to release on “humanitarian grounds” Dr Chishty, the elderly Pakistani virologist in Indian prison since 1992. Justice Markandey Katju of the Indian Supreme Court had in a judgement of March this year urged the Pakistan government to release Gopal Das, an Indian prisoner on “humanitarian grounds”. Soon after Aman ki Asha publicised that judgement, which also quoted verses by Faiz Ahmed Faiz and Shakespeare, President Asif Ali Zardari responded positively to the Indian judge’s appeal and remitted the remainder of Das’ sentence. Now, a day after the Pakistan Supreme Court rejected a similar petition filed by former law minister Iqbal Haider on behalf of Dr Chishty, Justice Katju of the Indian Supreme Court has written to the Indian Prime Minister, urging him to pardon … Read entire article »
Filed under: Judiciary
The Curious Case of Suo Moto Notice of Ms. Odho’s Wine Bottles
By D. Asghar Any reasonable person will not disagree, that if Ms. Odho was violating any law by carrying two wine bottles in her luggage, from Islamabad to Karachi on a PIA flight, she is answerable. If there is a law that requires her to declare the spirits she is carrying, with her on a domestic flight, then it should be enforced. There is no question that Ms. Odho is a frequent traveler and more than likely … Read entire article »
Filed under: Democracy, Fashion, Images, Judiciary, lawyers movement, Pakistan, Politics, Society
Selective Freedoms
By Yasser Latif Hamdani (First published in the Daily Times) Right across the street from the Lahore High Court, that seat from which justice flows, is a bookseller who is disseminating hate literature against Shias and non-Muslim minorities, including that poor and unfortunate community deprecatingly referred to as Mirzais. Lord Chief Justice of the Lahore High Court, Ijaz Chaudhry, has shown no real indication that he has any soft corner for or concern to allow religious and sectarian minorities in Pakistan to live freely as promised to them repeatedly by Pakistan’s leaders, the Objectives Resolution and all constitutions promulgated in the land. Meanwhile, according to the bookseller — in all earnestness — “those damned Mirzais are not even human, they are actually ‘satanic jinns’”. … Read entire article »
Legal Lessons from Mukhtaran Mai Judgment
By Yasser Latif Hamdani (First published in the Daily Times) The acquittals of five of the six men charged with raping Mukhtaran Mai have once again underscored the need for genuine reform in Pakistan’s criminal legal system. Pakistan’s criminal procedure and laws have not been updated to improve efficacy for a very long time. The main obsession in the last 30 years has been on blending in sharia with the legal system and, in the process, we have completely ignored the real issues of our legal system, which require constant evolution to meet the needs of the modern day. … Read entire article »
Filed under: human rights, Judiciary
Delivered from evil … to a minefield of law and consequence
By Ben Saul Was America’s killing of Osama Bin Laden lawful or an extrajudicial assassination? The answer depends on two key areas of international law: the law on the use of force, and international humanitarian law. Under the law on the use of force, it is prohibited to use military force on the territory of a foreign country except in self-defence against an “armed attack”. The US may plausibly argue that it is the victim of an … Read entire article »
The Pro Rape Society
Raza Habib Raja Today the Supreme Court acquitted the rape suspects in the internationally famous case of Mukhtaran Bibi. For the last many years the case had captured the imagination of the country and had also propelled Pakistan in the international spotlight and as usual for all the wrong reasons. The brave stance by an illiterate woman highlighted several deeply controversial aspects of Pakistani patriarchal society and its disgusting treatment to women. The case highlighted the deeply flawed tribal “justice” system which in its essence is based on eye for an eye doctrine and is therefore completely divorced from modern day notions of human rights. The case also underlined the complete lack of understanding on the part of the society which women who are unfortunately raped in Pakistan face. Instead of … Read entire article »
Filed under: human rights, Judiciary, violence
PAKISTAN: Journalists have been deprived of minimum wage for 15 years due to court delays
The Asian Human Rights Commission (AHRC) has received information that working journalists and newspapers employees of Pakistan have been denied an increase in minimum wages since 1996. Due to the ongoing litigation in the higher courts the owners of the media houses are enjoying the benefits of the delay in justice. The 7th wage board award, binding on the owners of media houses by the law, was announced in the year 2000 but since then the implementation has been delayed through the interventions and stays from the courts. The Sindh provincial high court has reserved its judgment since September 2010 and even after almost seven months could not announce the date when the decision will be communicated. During the period of more than ten years, since the announcement of the wage … Read entire article »
Where I Disagree With Some Prominent Liberals of Our Time
Raza Habib Raja As a philosophy liberalism is more inward looking and hence does not try to shift blame on the outside forces. By its orientation, it also does not have an overly negative assumption about human nature and consequently is not obsessed with crime and punishment. It believes in the rationality of humans and further assumes that human intelligence is capable of creating an artifice where ethnic, linguistic and other such “ natural” differences can be accommodated without creating rift. Its emphasis and belief on human rationality rather than instinct logically lead it to being more fluid and progressive. Conservative point of views by and large are grounded on instincts (which are permanent) and it is no surprise that conservatives are traditionalists. Yes, within conservative side, there will be variations … Read entire article »
Filed under: Afghanistan, Al Qaeda, Army, Constitution, Democracy, Judiciary, Punjabi, Taliban, Terrorism, war, Zardari
Asma Jahangir's victory is a cause for celebration
Raza Rumi Asma Jahangir’s victory in the Supreme Court Bar Association elections is a major development in the legal and judicial history of Pakistan. She is the first woman to hold this office, and a progressive rights activist as well. Her struggles against injustice, discrimination and oppression have spanned over nearly forty years and are globally acclaimed. PTH wishes her all success and hopes that she is able to fulfil the mandate for which she has … Read entire article »
Filed under: Activism, Judiciary, Justice, Lahore, Law, lawyers movement, Liberal Democratic Pakistan, movements, Pakistan, Rights
Supreme Court short order out …
By Yasser Latif Hamdani … And thank god that they have not dabbled in that horrible theory of the basic structure which would have meant closing the door on any future prospect of democratic reform in Pakistan (in my personal view). I think this is an important middle ground which has atleast restored some of the faith I had lost in our judiciary to do the right thing. Now it is upto the democratic government to meet the judiciary half way. … Read entire article »
Filed under: Constitution, Democracy, Judiciary, Justice, Law, lawyers movement, Liberal Democratic Pakistan, Pakistan
Religious Right in Their Own Words; the Concept of an Islamic State
Part 1 By Adnan Syed This two part series revisits one of the pivotal events of the early Pakistani history; the riots by the religious right wing parties to get Ahmadis declared as non-Muslims, and the subsequent Munir-Kiyani inquiry commission report into the causes behind the riots. The report went on to interview the religious leaders of the newly formed state of Pakistan regarding their motives and their ideas of Pakistan as a pure Islamic state. As the interviews revealed the incongruous replies of various leaders, they also showed vague but chilling ideas that the right wing parties harboured to turn the newly formed Muslim nation into a political- Islam-dominated theocratic nation. The interviews reveal the role of democracy, non Muslims, Jihad and punishments like apostasy that would be practiced in an ideal … Read entire article »
Filed under: Constitution, Democracy, Islam, Islamism, Jinnah, Judiciary, Liberal Democratic Pakistan, Pak Tea House, Pakistan, Religion
Floods and the Existential Threat
By Adnan Syed The existential threat comes from disowning the democratic structure, giving up on it and looking yet again for another instant messiah in face of tremendous adversity and hopelessness. We were wrong in the 1950s, 1960s, 1970s, and 1990s when the elected governments were overthrown. And if we continue with our mindless obsession with artificial stability, we would be wrong in 2010 yet again. (AZW) … Read entire article »
Filed under: Army, baluchistan, Constitution, Democracy, Judiciary, Pak Tea House, Pakistan, Politics, poverty, public policy, Rights
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