The decision to oust Prime Minister Gilani
By Yasser Latif Hamdani A few hours ago the Supreme Court of Pakistan ruled that Yusuf Raza Gilani stands disqualified under 63(1) g of the Constitution. I have written extensively on this in many of my previous blog posts which may be found on this website. However I’d like to state some basic issues with this judgment in clear and unambiguous terms (sadly no one speaks in those in Pakistan: 1. The Supreme Court of Pakistan, in my legal opinion, is NOT vested with the authority under the constitution to dismiss the Prime Minister or over-rule the decisions of the Speaker i.e. Presiding Officer of the National Assembly whose decisions are his or her privilege and are covered by the parliamentary privilege clause. 2. Chief Justice of Pakistan/the entire Supreme Court of Pakistan has no … Read entire article »
Filed under: Judiciary, Justice, Pakistan, Parliament
List of Journalists Given Plots
The Public Accounts Committee (PAC) has been informed that some 1,000 journalists of Islamabad had applied for plots after the government launched new sectors in Islamabad and invited applications from the general public, government servants and others as part of a uniform policy to give plots to those who were permanently living in Islamabad and did not have any property. A two per cent quota was also fixed for Islamabad-based journalists. A high-powered committee comprising government officials and senior journalists was formed which after careful scrutiny of the applicants, had recommended names of 172 journalists who were given plots against payments. The PAC is in possession of a list of 172 journalists who were given plots in the federal capital in line with their two per cent quota in G-13 and G-14 sectors … Read entire article »
Filed under: journalism, Justice, Media, Uncategorized
Understanding Qisas and Diyat
By Yasser Latif Hamdani (First published in The Friday Times) When all the heirs of those murdered by Davis pardoned him for badl-i-sulh , the religious right cried foul. Technically there was nothing wrong procedurally and legally with the way Davis’ alleged crime was pardoned under law. The religious right claims that (i) that the heirs of the two victims were pressured into accepting badl-i-sulh , (ii) that Davis should have been convicted for fasad fil arz and (iii) the judge’s decision to impose a fine of Rs.20,000 and time served under Section 13 of the Arms Ordinance of 1965 was far too lenient under the circumstances. For the first contention, no heir of the deceased has come forward to declare that they were pressured into … Read entire article »
Unpacking the Mukhtaran Mai Judgment
By Yasser Latif Hamdani (First published in The Friday Times) The 2-1 Mukhtaran Mai Supreme Court verdict that has rocked the nation was extraordinary given the wide gulf in the approach of the majority and minority opinions to evidence. The issue turned on the following points: 1. Was there enough evidence to convict the accused of gang rape? Justice Saqib Nisar’s majority view held that the prosecution had failed to make its case beyond reasonable doubt, and in particular, the lack of semen and DNA testing was negligence because it could decisively prove or disprove the gang rape allegation. The sole testimony of the prosecutrix was considered insufficient without corroboration. … Read entire article »
Filed under: human rights, Justice
Getting High On Davis, Diyat And Drones
By D. Asghar Our so highly charged nation is somehow trying to establish a link between Davis, Diyat and Drones. The drones and their targets are absolutely unrelated to this whole Davis affair. Only a fool would have thought that drone strikes will cease, once Davis was released. But as usual the right of the right and highly charged masses are trying to make an issue out of the non issue. I am not a proponent of such strikes, but somehow fail to understand, why all of a sudden, there is such hue and cry about these drones. The strikes were going on for ever. No one seems to ask a question, why are those drones targeted in one particular area? Who is there? Who are these drones seeking? All of a … Read entire article »
To proponents of “If they had been your brothers ..” doctrine..
This is all I have to say….. Raza Habib Raja Ever since the Raymond issue erupted and took the centre stage in the national psyche, any deviant voice showing its disagreement with the mainstream and overwhelmingly dominant opinion has been constantly been barraged by a phrase “If it had been your brother…” Now since my opinion has not been consistent with the mainstream opinion, obviously I have also been taunted. I think since now the issue has been “resolved “and YES I FULLY AGREE with the solution, I would like to answer. Well frankly if it had been my brother and if I accepted enormous amount of money under the leeway of an existing though controversial law, then frankly rest of the country should mind their own business. If I and other close … Read entire article »
The Davis Release: Are We Jealous or Angry?
By Ali Usman Qasmi General Zia-ul-Haq must be grinning in his grave (literally) for coming to the rescue of the Americans even after his death. It was during the Zia regime that the ‘Islamic provision’ of Diyat was added to the Pakistan Penal Code. Ever since its promulgation, numerous men accused of murdering female members of their household have escaped punishment simply because other male members of the family – who happen to be the legal heirs of the ‘shameless’ female victim bringing dishonour to the family – pardon their male kin for performing the heroic act. In a recently published research article, renowned expert of Pakistan’s Shariat Laws Tahir Wasti has argued that despite there being specific provisions in the Islamic jurisprudence for the prosecution of criminals by State even if the … Read entire article »
Release of Raymond: A Mature decision if compensation has been paid
Raza Habib Raja Right now I am seeing the television coverage of the release of Mr. Raymond Davis. According to the news Mr. Davis has been released after a huge compensation was paid to the immediate families of the murdered individuals. Media of course is stunned as it had whipped the issue in such a way that any rational and solution had apparently become impossible. No matter what spin is given by media and by those religious parties who wanted to extract political mileage out of the issue; the fact is that eventually a mature decision has been made. It is a decision which incorporates the concerns of realpolitik and at the same time ensures that the families of the victims have been properly compensated. Although the media and a substantial chunk of … Read entire article »
Yielding in Front of Extremism
By Adnan Syed I am attaching two links here that movingly touch upon the state of barbarity that is inflicted upon the nation of Pakistan. Please give thirteen minutes of your precious time to the moving words of Member National Aseembly Mrs. Asia Nasir. These words describe the anguish and pain of the very Pakistanis who are being discriminated by the society, as well as by the institutions of Islamic Republic of Pakistan. Terror reigns supreme in Pakistan. The righteous ones are hunting and killing everyone who calls for absolute equality of every human inside the boundaries of the Islamic Republic of Pakistan. And in this environment, this brave lady comes out and unequivocally condemns the barbarity that the religious minorities are facing. She has more guts than the spineless members of parliament … Read entire article »
Filed under: Democracy, Egalitarian Pakistan, Islam, Islamabad, Islamism, Justice, Liberal Democratic Pakistan, minorities, Pak Tea House, Religion, Rights, state, Taliban
Who’s afraid of Sherry Rehman?
Raza Rumi Express Tribune: It has been rather disturbing to witness the way Sherry Rehman has been the latest target of the purists within the ruling PPP. For years, Sherry has represented the intellectual vigour within her party. From drafting of manifestoes to holding the important portfolios, she has been an articulate defender of the PPP and its government. Her decision to resign in the wake of the judges’ saga and media handling of the 2009 Lahore-Gujranwala Long March was a matter of democratic choice. After her resignation, she did not defame her party leadership and continued to demonstrate her loyalty. She is now a victim of an unwise ban on PPP leaders and legislators preventing them from appearing on a particular television … Read entire article »
Filed under: Justice, Liberal Democratic Pakistan, liberal Pakistan, Pakistan
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
Islamic Laws and Women:Why Reinterpretation is Needed
This is an intelligently argued article sent to us by Miss Kiran Rizvi. She rightly argues that laws are eventually an outcome of the peculiar circumstances of the prevalent time period. Therefore laws have to be judged in the context of those circumstances. This way of looking at the laws also makes it essential to rethink the current interpretation which is rooted in those times. Miss Kiran’s argument is that the spirit of Islam itself provides justification for reinterpretation of the laws, particularly those which pertain to women. by Kiran Rizvi Contrary to the popular belief Islam neither favors nor victimizes women. What I mean by this is that Islam doesn’t go out of its way to hurt or protect women because of their special status in the society. The current interpretation of Islamic laws … Read entire article »
Death of Collective Wisdom
Another exclusive post from Ahmad Nadeem for PTH – comments are welcome (Raza Rumi) “Is there a competition going on in Pakistan between institution to earn shame and notoriety for their nation?” my colleague asked me casually while we were having some drinks and watching a news television. “We are on that path for last 40years”, I answered stubbornly. Can there anything such shameful to force you behave that stubborn over your national pride? There is, hold your breath, Pakistan Federal Union of Journalists, the top body of media and custodian of ‘freedom of speech and civil liberties’, in a press release issued by its Secretary General, Mr Shamsul Islam Naz, has “officially’ appreciated the blocking of the Facebook Website. This was followed by the Lahore High Court orders of a blanket … Read entire article »
Our Internal Demons
By Adnan Syed It has been 30 years since Pakistan took the fateful steps of sponsoring the Jihad on a state level. The fight against the Russian aggression in Afghanistan was probably justified. It was a blatant attack on a sovereign nation by a teetering super power. However when Pakistan went on to label the fight as a state sponsored Jihad, flock of die hard Islamists started congregating in Pakistan to fight the godless communists. This was precisely the turning point in Pakistani history when all the internal confusion of Pakistan’s relationship with Islam translated into a thoughtless action by the state that still haunts us to this day. We can blame General Zia-ul-Haq or Jamaat-e-Islami, or our dreaded indescribable “establishment” for pointing out the path of state sponsored armed Jihad. General … Read entire article »
Filed under: Afghanistan, Al Qaeda, Army, Benazir Bhutto, Constitution, Democracy, FATA, Islamabad, Jinnah, Justice, Liberal Democratic Pakistan, Pakistan, psychology, Religion, secular Pakistan, state, strategy, Taliban, Terrorism
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