Lawyers of Lahore High Court Offer ” Namaz-e-Janaza” of OBL
The Lahore High Court lawyers show their true fanatic and reactionary colors by actually offering funeral prayers for the recently killed Al Qaida leader, Osama Bin Laden. Hundreds of lawyers attended this “funeral” and immediately afterwards there were several speeches in which the speakers vehemently condemned the US action and termed it as a clear violation of Pakistan’s sovereignty. Several speakers hailed the dead leader as a “hero” of the Muslim world and sternly warned … Read entire article »
Filed under: Law, lawyers movement
Meltdown in Tunisia and Its Relevance to Pakistan
By Adnan Bashir A twenty six years old young computer science graduate roams about in hunt of employment. There are no job openings and the inflation is sky rocketing. The young man is forced to sell fruits and vegetables in the streets to make his both ends meet. He doesn’t have the licence and one fine day the police intervenes and confiscates his cart. The young man is incensed and sets himself on fire. Sounds familiar? This is not Pakistan. But this may well be Pakistan……! There are obvious parallels to be drawn from the circumstances leading to revolt in Tunisia. Corruption, nepotism and unemployment were rampant. The society was said to be virtually divided in two classes. First, the elites and a closely knitted network and clan of top brass comprising relatives of … Read entire article »
Filed under: Army, Citizens, Colonialism, Constitution, Democracy, dynasties, Economy, human rights, Law, Pak Tea House, Pakistan, Politics, poverty, Rights, Uncategorized
The Lost Mandate of Parliament
By Ahmad Nadeem Gehla The Lahore High Court (LHC) has barred the government from amending the blasphemy law, till the final decision of the court in Asia Bibi’s case. Earlier, in the same matter, Chief Justice Khawaja Muhammad Sharif directed President Asif Ali Zardari and the governor of Punjab to abstain from making any move to pardon blasphemy convict. Respect for judicial process does not require a dumb and deaf society. There are certainly some legitimate questions to be asked. Can a court restrain the head of state from exercising his constitutional powers? Or. Can a court prohibit parliament from performance of its constitutional function? In a sane society, such question may not even arise. Obviously, there can be no restraint, if a functionary or institution of state is acting within constitutional boundaries. … Read entire article »
Filed under: Law
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
International Burn-a-Quran Day: A Test for Freedom, Tolerance and Responsibility
by Raza Habib Raja Due to the proposed “Burn a Quran Day” by Pastor Terry Jones, Muslim world is once again under scrutiny and for reasons pertaining to their faith and extraordinary reverence they attach to it. However, it is not just the Muslims, but the USA’s democracy and its ideals of freedom of action which are also under the critical microscope. The world has become a strange place and in this environment of deep polarization and mistrust even the action of a previously obscure Pastor can light the fuse. But even more important than the issue of burning are the underlying questions which need to be addressed both by Islamic and the Western World. Some of these questions are deeply philosophical and challenge our current understanding of ideals like freedom of expression and ethnic sensitivity. Some … Read entire article »
Filed under: Islam, Law, minorities
Can You Declare Anyone Non Muslim Through Legislation?
By Raza Habib Raja Democracy is much more than majority Right now, after 28th May, an issue being increasingly discussed is the status given to Ahmedis through the controversial Second Amendment. Frankly I would like to say at the onset that I think the Second Amendment is one of the blackest and most shameful acts of legislations ever passed in the National Assembly. Its reprehensible content is reinforced by the fact that it was not an ordinance imposed by a dictator but actually passed by majority through legislative process. The Second Amendment was passed unanimously and compared to other controversial legal ordinance such as Hadood, appears to have a “democratic’ semblance. In fact at times more than the religious arguments the supporters of the Second Amendment come up with the “democratic” defense. Supporters say that after all democracy … Read entire article »
Filed under: Democracy, human rights, Law, Liberal Democratic Pakistan
Rethinking Islam
This is an old article written in the relatively immediate aftermath of 9/11. As someone observed on a Pakistani TV talkshow a year or so ago, jurists and theorists like Abu Hanifa, al-Shafi’i etc. would be shocked to know that people in the 21st century were still taking their interpretations as law - indeed, ‘Divine’ law. They would have been surprised enough to see that their views had not been updated, renewed and replaced within a century or two. The speaker claimed, given such freezing of thought, the shocking ideology that we saw glimpses of in Sufi Muhammad’s public address last year ought not to surprise us. In fact, Sufi Muhmmad types are ‘neo-Kharajites’ - they can be likened to the original kharijites in some essential traits at least - who may or may not … Read entire article »
Filed under: Al Qaeda, culture, History, Islam, Islamism, Law, Religion, secularism, state, Taliban
Acting upon the Freedom of Information Act
By Naeem Sadiq In September 2009 I wrote to two Sindh government departments seeking harmless information on matters of education and pollution that should anyway be available to all citizens. I was confident that a formal request under the much trumpeted and much ‘seminar’ed Freedom of Information Act will do the trick. The law requires a response within 21 days. When nothing happened for 4 months, in Jan 2010, I approached the Sindh Ombudsman (as suggested in the law) to ask the concerned departments to do the needful. After digesting my request for 3 months, the Sindh Ombudsman finally asked the concerned departments (Education and Environmental Protection Agency) to appear and explain why they did not provide the information that had been asked for. I too was asked to appear. So I spent … Read entire article »
Filed under: Citizens, Civil Service, Conservation, Democracy, Education, Environment, executive, Law, Pakistan, Rights, Sindh
Pakistan: Clear and present danger
Raza Rumi If the parliament and judiciary want to continue exercising their newfound powers, they have no option but to act strictly within the framework of the Pakistani Constitution Pakistan is a surreal country. Only here we have long, protracted struggles for democracy and only here we are almost always ready to scuttle democracy. Perhaps Iskander Mirza was not all too wrong while making the assessment that democracy does not suit the genius of our people. An added qualification is that it does not suit the genius of the elites, … Read entire article »
Filed under: Constitution, human rights, Judiciary, Justice, Law, lawyers movement, Media, minorities, Pakistan, Politics, public policy, Rights, secular Pakistan, Society, state
PTH Exclusive: Interview with J. Jawwad Khawaja
Posted by Raza Rumi We are grateful to Babar Mirza who has translated an interview given by Justice Jawwad S. Khawaja to Sohail Waraich in June 2007 which is recorded in Waraich’s book ‘Adlia ke Arooj-o-Zawaal ki Kahani’. The interview is a must read for all those who are interested in Pakistan’s politics and institutions. A biographical note is also available for those who wish to know more about the life and times of J. Khawaja. The latter resigned when J. Iftikhar Chauhdry was illegally deposed by the Musharraf regime. Later, he was part of the lawyers and judges movement and he was re-inducted into the Supreme Court after J. Chauhdry was restored as the Chief Justice in 2009. The interview also explains why Justice Khawaja took oath unde the 2000 PCO during the Musharraf regime. Just as in any other … Read entire article »
Filed under: Activism, Judiciary, Justice, Law, lawyers movement, movements, Pakistan
Zardari signs 2 laws aimed at protecting working class
“The government’s job is not only to maintain a good balance sheet but also work for the welfare of the people,” Zardari Staff Reporter Daily Times March 06, 2010 President says govt has handed over 10% shares of state-owned entities to employees for free KARACHI: President Asif Ali Zardari on Friday signed two laws passed by parliament to repeal the Removal from Services (Special Powers) Ordinance, 2000 and amend the Services Tribunal Act. The president signed the bills at a ceremony held at the Sindh chief minister’s house. According to an official statement, Zardari said the government would preserve the rights of the working class while ensuring a conducive environment for business, setting the stage for another phase of prosperity and development in Pakistan. … Read entire article »
Filed under: Democracy, Economy, Egalitarian Pakistan, Labour, Law, Left, Marxism, Pakistan, Rights, Zardari
Dr Afia needs justice which is seen to be done: Barrister Amjad Malik
Barrister Amjad Malik, Chairman (APL) an Association of Pakistani origin Solicitors, Barristers, Judges and ex pat members has taken a serious note of recent conviction of Dr. Afia Siddiqui of 3 February 2010 by Jury of 12 men at USA and has declared that this may result in a stumbling block between US-Pak people to people contact and relations between states. Dr Afia was kidnapped and kept at Bagram Airfield without the aid of a lawyer, doctor and or consulate access for years and being a Muslim women that has the potential to charge the mood of the public. … Read entire article »
Filed under: Al Qaeda, human rights, Justice, Law, minorities, Pakistan
PTH biweekly Cartoon
Picture of the Week
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Sunrise at the Arabian Sea, Charna Island
24 Dec 2011
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Comment on the current judicial crisis
February 15th, 2010 | 16 Comments
by Justice (retd) Fakhruddin G. Ebrahim We are again faced with a judicial crisis – not a bonafide crisis but a crisis created for ulterior reasons. Ostensibly the crisis is the elevation of chief justice for the Lahore High Court in the Supreme Court of Pakistan, the elevation of the next senior most judge Justice Saquib Nasir, as acting Chief Justice of Lahroe High Court (a la Zia ul Haq style). Being of the view that more harm is done by ignoring seniority, which opens the door for exercise of discretion in principle, I am against seniority being ignored, particularly in judiciary. My first reaction, therefore, was that the appointment of Chief Justice Lahore High Court to the Supreme Court and elevation of … Read entire article »
Filed under: Justice, Law, lawyers movement, Pakistan, Politics