[This piece was written before General Musharraf stepped down as Chief of Army Staff and took oath as President.]
Even Superman would envy the kind of powers our man Mr. Musharraf has. After all not every man heading the army can impose an emergency, then ratify it as President and subsequently get it validated by the Supreme Court (or rather a more pliable Supreme Court).
My claim that the President has also assumed judicial powers may strike you as being absurd as he has not yet claimed the title of a judge. However, in this case the title does not matter. Let me explain.
One of the reasons in the Proclamation of Emergency was:
WHEREAS some judges by overstepping the limits of judicial authority have taken over the executive and legislative functions;
Now, I wonder how the General or any of his pongos arrived at this conclusion. After all, the superior judiciary with over a couple of hundred years worth of experience combined would be in a better position to decide what the limits of judicial authority are than anyone else. However, it seems that on November 3, 2007 the head of the executive seemed to know better than the head of the judiciary, or in fact the entire judiciary, what the limits of its authority were. I am certain that is not a function of the executive. What I am even more certain about is that it is an essential function of the judiciary to review the actions of the executive and the legislature, known the world over as judicial review and covered in detail under Article 199 of our Constitution. Although I agree that the judiciary was showing off its new-found status it did everything well within its powers. The judiciary has much more judicial review powers with regards to the executive then the Legislature, but even then it can declare a law null and void if it is ultra vires of the Constitution. It was in this light that Constitution Petitions were filed in court challenging the NRO, although that law was an Ordinance promulgated by the President and not yet ratified by the Parliament. Continue reading ‘He’s a General, He’s a President..oh wait he’s also a Judge…ahhh he has to be Superman!’
By Anil Kalhan
(Posted at Dorf on Law)
No, I’m not referring to any physical damage associated with my jaw dropping to the floor upon hearing George Bush say that Gen. Mr. Pervez Musharraf has not “crossed any lines” in his full-scale assault on civil society. There are so many things to be said in response to that ridiculous statement, but one particularly disturbing irony seems to stand out.
We have long known that when it comes to torture, the Bush administration has at times drawn “the line” in a rather peculiar place, at one point seeking to limit the definition of torture to acts “likely to result in permanent and serious physical damage … ris[ing] to the level of death, organ failure, or the permanent impairment of a significant body function.” Well, after several weeks in which many have feared that Musharraf, Shaukat Aziz, and their agents might be perpetrating unspeakable crimes in Pakistan’s jails, it now appears that Musharraf has crossed even the dubious “line” drawn by the 2002 Office of Legal Counsel memo Continue reading ‘Permanent and Serious Physical Damage Rising to the Level of Organ Failure by Anil Kalhan’
[Click here for BBC’s article on General Kiyani. No doubt his rise through the ranks has been extraordinary.]
RAWALPINDI: Pervez Musharraf stepped down Wednesday from the Army Chief post handing over the Army command to Gen. Ashfaq Pervez Kayani, who took charge as 14th Chief of Pakistan Army. Musharraf to take oath as a civilian president on Thursday.
Musharraf addressed the change of command ceremony held in this garrison town at Hockey Stadium next to the military General Headquarters.
The ceremony was attended by the caretaker Prime Minister Muhammadmian Soomro, the services chiefs, members of the caretaker cabinet and high military and civil officials.
“I’m proud of this army and I was lucky to have commanded the world’s best army,” Musharraf said. “I will no longer command …but my heart and my mind will always be with you.” He said “I am leaving the Army in a best shape.” He said he knows Gen. Ashfaq Pervez Kayani for last 20 years who is an excellent soldier and Army officer. Continue reading ‘The day has finally arrived!’
INSIGHT: Gaining a loss —Ejaz Haider
Were we better off until November 2 when the General wanted a compromise or are we better placed since November 3? By “we” I mean the civil society and political actors including the honourable judges of the Court?
For all practical purposes General Pervez Musharraf is ‘home and dry’ and the transformationists left high and dry. Where did things go wrong? Time to revisit the ‘transitionists’ versus ‘transformationist’ debate.
Situation A: A General’s grip on power is weakening. He decides to do two things, one sensible, the other ill-advised.
He tries to reach out to political actors that have been made to languish on the periphery so he can broaden the political support-base. In doing so, he realises that he will have to accept limits on his own exercise of power, but knows equally well that that is the only course open to him. He is prepared to live with the dynamics of the new arrangement. This is the sensible decision.
The ill-advised move relates to the judiciary. Fearing an enthusiastic Supreme Court bent on checkmating the executive, he decides to fire the Chief Justice. He calculates that the CJ will say ‘aye-aye sir’ and leave. The CJ refuses to do that. The General reinforces the original folly by meting out rough treatment to the CJ. The civil society rises up in CJ’s defence. Continue reading ‘Gaining a loss by Ejaz Haider’
Musharraf’s draconian measures are forcing Pakistan’s people to rise up and search for a better future
Nasim Zehra
Sunday November 25, 2007
Guardian Unlimited
It is now a daily and highly impassioned affair. In the heart of Pakistan’s capital hundreds of journalists, activists, students and lawyers gather outside the Islamabad press club to reject government’s draconian rules clamped on the media. ‘We don’t accept your oppressive regulations’, ‘we want freedom’, ‘we will snatch freedom’. They remind Pervez Musharraf they did just that from previous military dictators. Pakistan has been under military rule for 30 of its 60 years. The daily protest ends with the slogan, ‘your show is over Musharraf, go Musharraf go’. Also they chant full throttle ‘whoever is Bush’s friend is a traitor’. Continue reading ‘Pakistan’s Turbulence May Have a Silver Lining By Nasim Zehra’
Here’s an interesting piece that appeared on CounterPunch.
By OMAR AZFAR
If you’re sure Al Gore is not running for the US election, think again. He’s trading at a 3.2% chance of winning the US elections. In case you are not very impressed by these odds, they are better than those you can get for Senator Edwards and every other Democrat except Hilary Clinton and Barak Obama and that’s without even declaring he’s running! Even more remarkably he’s trading at 4.0% for winning the Democratic primary, so the market predicts that if he was to win the Democratic primary, he would win the Presidential election with an 80% implied probability. Hilary Clinton by contrast who has a 72% chance of winning the nomination, has only a 50% chance of winning the election and so only a 70% chance of winning if nominated. So, if you’re an influential Democrat, please, pretty please, get Gore to run. The US constitution will be salvaged, the global climate rescued, the American involvement in the war in Iraq ended. But sadly the word on the street is that he’s not interested.
But there’s another important job awaiting Gore. According to CNN on November 19^th 2007, it appears that US special forces are now going to be on the ground in Pakistan, so why not give Pakistan Al Gore as well? As a Pakistani citizen living in the US it behooves me to list why it will be better for both Pakistan and the US. I would even go further and argue its better for all humankind, and most plants and animals, earth, wind, fire and water. Continue reading ‘Run, Al, Run - Gore for President of Pakistan?’
[Many people have been saying that since the people are not out on the streets and everything is normal that people are satisfied with the martial law. Here’s a piece by the Chairman of Gallup Pakistan who argues that things are not what they seem. 67 percent of Pakistanis are opposed to martial law and that also happens to be the first time a majority of Pakistani people have opposed martial law. If anything, that is a clear indication that the people have had enough and what they now want is the rule of law. They might not come out on the streets and risk getting beaten up or being sent to jail, but when you’re fighting a battle of hearts and minds it is exactly that, hearts and minds, which need to be won - not the streets!]
As a long-time student and researcher of public opinion, I am frequently asked the question these days: How has the public reacted to imposition of emergency, or martial law, in Pakistan? For many of my interlocutors it is a rhetorical question. They simply wish to reconfirm and reinforce their own perceptions and views of their friends and acquaintances. I am amused and a bit irritated. Yet, in this particular case it is true that their perceptions find an echo in public opinion polls. Public reaction to the emergency and suspension of the Constitution is overwhelmingly negative. When views are so skewed in one direction, the real question is not “what” is the opinion; instead it is more meaningful to ask the “why” question. Why are views so one-sided and can we identify the grounds for uniformity of views. Continue reading ‘If You Were to Seek My Counsel, General by Dr Ijaz Shafi Gilani’
Here’s a Newsweek piece on the shutting down of Geo News and ARY One World.
Shahid Masood’s voice cracked during his last live appearance on Geo News. Broadcasting from Dubai, the Pakistani pundit and talk show host was defiant over the news that his nation’s most popular private news channel had been ordered off the air. “We are proud of this moment,” said a visibly shaken Masood, as a clock counted down the minutes to shutdown. Blaming the Musharraf government for pressuring the “government of the friendly country that is hosting us” into evicting the news channel, Masood added, “We did not buckle. We are going out fighting.” Then, last Saturday at 1 a.m. Pakistan time, Geo News went black.
Continue reading ‘Choking the Channels’
Here’s a post by Michael Dorf on his website ‘Dorf on Law’. He’s discussed President Bush’s comment that Musharraf hadn’t crossed the line and, in fact, done a great thing by releasing lawyers, judges, activists etc.
Crossed the Line
According to President Bush, Pervez Musharraf “has advanced democracy in Pakistan,” and not just a long time ago (like when he first seized power in a coup), but even recently. So said our Commander in Chief in an interview with ABC News yesterday. (Transcript here; video here). Here’s my favorite part of the interview:
CHARLES GIBSON: Is there a line he cannot cross, that he cannot cross, something that would go too far, where you might say to yourself, ‘OK, that’s enough?’
PRESIDENT GEORGE BUSH: Well, he hasn’t crossed the line. As a matter of fact, I don’t think that, uh, he will cross any lines. I think he truly is somebody who believes in democracy. And he made a decision, we didn’t necessarily agree with his decision, to impose emergency rule, and I, my, hopefully he’ll get, get rid of the rule. Today I thought was a pretty good signal that he released thousands of people from jail.
I see, so if you jail judges, lawyers and journalists for opposing your efforts to assume all powers for yourself (uh, make that “your efforts to advance democracy”), then you haven’t crossed any lines, so long as you later release some of them. Continue reading ‘Crossed the Line by Michael Dorf’
By Anil Kalhan
(Posted at Dorf on Law)
So Gen. Musharraf appears to be engaged in a global war on journalism after all. Two weeks after commencing his crackdown on Pakistani civil society, which effectively turned news into contraband, Musharraf has now begun to allow some independent television networks back onto cable television — but only if they agree to a number of conditions, such as terminating television shows critical of the regime and signing an undertaking of “good behavior” permitting the government to interfere with their operations, seize their equipment, and terminate their licenses at any time. Some networks are now back on the air, albeit in “laundered” form — AAJ TV, for example, is back but without a number of leading talk shows that have been critical of Musharraf. (The BBC and CNN are also back, but since they, along with Dawn News, are broadcast in English, the authorities are not as concerned about what they might say in their broadcasts.) Continue reading ‘Musharraf’s Global War on Journalism - II’
