Zardari will honour SC verdict against Musharraf
Thursday, July 23, 2009
By Tariq Butt
ISLAMABAD: President Asif Ali Zardari will completely honour whatever decision the 14-judge bench of the Supreme Court will announce about the fate of certain judges and the Nov 3, 2007 action of Pervez Musharraf, his spokesman Farhatullah Babar said.
“There are no two opinions that we will submit to the court verdict and implement it in letter and spirit,” he told The News. The PPP, Babar said, had always been saying that the Nov 3 action was unconstitutional. “We will not take any step to nullify the court ruling.”
To a question whether the government would react like it did after the scrapping of the carbon tax by the Supreme Court, the spokesman said it was a different case. The president, he said, issued an ordinance on the advice of the prime minister imposing the Petroleum Development Levy (PDL) in place of the carbon tax and that action was not meant to invalidate the court’s decision.
The PPP leaders, having frequent interaction with the presidency, say that Zardari is not concerned about and has nothing to do with what the apex court is currently seized.
“Did we irately react when Chief Justice Iftikhar Muhammad Chaudhry recommended Justice Agha Rafiq Ahmed’s appointment as the chief justice of the Federal Shariat Court or recommended that Justice Khawaja Mohammad Sharif should be made chief justice of the Lahore High Court?” a presidential confidant asked, and then he himself answered it saying, “No, we just kept quiet.”
Another PPP leader said the government also did not react adversely when the chief justice in consultation with his colleague judges had formulated and announced the judicial policy without involving it in any way. He said that the president had serious reservations against certain names recommended by the chief justice for appointment as judges but Zardari accepted them and issued the requisite notifications. “We assented to whatever Justice Iftikhar Chaudhry has so far recommended.”
The simple reason for such a policy, he said, was that the president did not want to lock horns with the Supreme Court on any issue as he believed in the independence of the judiciary.
Asked about Zardari’s reaction if the 14-member bench issued a marching order to the battalion of “Jiyala” judges, the source said that the president would do nothing to wreck the court judgment. “If these judges were sent packing, they would go home,” he said.
However, other sources say alarm bells are ringing at the presidency as the 14 judges continue proceedings, casting strong doubts on the fate of several judges who either took oath under the Provisional Constitutional Order (PCO) and thus collaborated with Musharraf or the PPP cardholders, who have been inducted into the superior judiciary.
On the contrary, the atmosphere in the Prime Minister’s House is relaxed and carefree as its chief occupant Yousuf Raza Gilani feels that he will lose nothing if any number of judges is shown the door or the Nov 3 action is thrown out of the window.
Zardari will honour SC verdict against Musharraf
---------- Post added at 11:15 AM ---------- Previous post was at 11:14 AM ----------
No Musharraf loyalists in this courtroom at least
Thursday, July 23, 2009
Qayyum advises former dictator to appear before court; ready to represent him if asked; CJ makes The News part of record
By Muhammad Ahmad Noorani
ISLAMABAD: Not even Malik Qayyum, once a great loyalist of Pervez Musharraf, picked up the courage to defend his former boss, who was verbally whipped in the Supreme Court on Wednesday. However, Qayyum showed the guts and nerve to be present all through Wednesday’s proceedings by the 14-member bench in the Nov 3, 2007 case.
Courtroom No-1 presented an environment of humiliation and disgrace and shame for the various military dictators who trampled on the Constitution many times and pushed the nation into worst ever conditions. Despite invitation from different judges to speak, not a single person from the overcrowded courtroom came forward to utter a single sentence in favour of absconding Pervez Musharraf.
“Will anyone come forward to say something on behalf of Musharraf’s Nov 3rd acts,”
Chief Justice Iftikhar Muhammad Chaudhry asked at one stage. No response emanated from any corner of the courtroom. Even Justice Sarmad Jalal Osmany pointed towards Malik Qayyum, Musharraf’s former attorney general, saying he might want to say something. But those present observed an outlandish moment when Qayyum stood up just to say he had nothing to say.
Interestingly, it was no one else but the Chief Justice himself, who perhaps to save Qayyum from further embarrassment, remarked, “No, No, Malik Sahib is sitting here for one of his other cases, which we will hear later.” Before issuing notice to a fourth military dictator for the first time in Pakistan’s 63 year history, the bench heard arguments for more than two hours to get the opinion of different top legal minds present in the court.
While dictating the short order of issuing the notice to Musharraf, Justice Iftikhar Chaudhry said that media is widely covering each and every observation of the judges, which reflects that how much interest general masses have in this case. When the chief justice while dictating the order said “General Musharraf”, attorney general Latif Khosa got up to add the word “retired”. Justice Iftikhar Chaudhry accepted his point and dictated “General (R) Musharraf”.
When the chief justice asked at which postal address this notice be served, whispering in the courtroom started and even some members of the bench gave different suggestions about the address: on his address in Rawalpindi’, ‘on Chak Shahzad Islamabad address” etc. Someone in the courtroom remarked that Musharraf was hiding in London. “OK, write it is being served at his residence in Islamabad,” Justice Iftikhar Chaudhry said.
However, after the court proceedings ended, senior lawyers and journalists wondered that if, at some stage during the hearing, the court wanted to summon the former dictator, will the government act in letter in spirit to get him back in the country.
They were of the view that in the Bank of Punjab fraud case, the government’s deputy attorney general has stated in the court that passports of wanted people including Sheikh Afzal, Haris Afzal and Hamesh Khan have been cancelled and also pledged that Pakistan’s diplomatic missions in London and Washington will stamp emergency exit on their passports, but so far none of them has been produced in the Supreme Court.
“Will the government make any sincere effort to bring Musharraf back so he can be tried under the law, if it is unable or unwilling to fetch these friends of Mush back?,” a senior lawyer questioned after the hearing was adjourned.
After the court proceedings, Malik Qayyum when asked whether he was in contact with Musharraf, he said that he met him a couple of months back. “Now, I am not in touch with him. Yes, I will represent him if he asked me to do so.”
He was of the view that Abdul Hafeez Pirzada and two other lawyers are the members of Musharraf’s legal team of which he was not a part. “Musharraf should avail this opportunity, if the Supreme Court is providing him one to present his view,” Qayyum said.
The chief justice also ordered to make The News edition of July 22 as part of the record of Nov 3, Case. The News, Islamabad edition of July 22 was full with exclusive coverage of the Nov 3 Case. “No one is ready to defend Musharraf’s acts. Please pass on this to attorney general,” the chief justice said while giving the copy of Wednesday’s The News to a court officer referring to a front page story “No one to defend Musharraf in SC”. The chief justice also wrote in his order that media is widely covering this case and each and every observation of the judges is reported which reflects the interest of general masses in this case. The News is especially covering important observations of the honourable judges of the apex court they make during the hearing of this highly significant and historic case which according to the Chief Justice of Pakistan will decide the future of democracy in Pakistan.
No Musharraf loyalists in this courtroom at least
---------- Post added at 11:16 AM ---------- Previous post was at 11:15 AM ----------
Army to stay away
Thursday, July 23, 2009
Kayani treated Iftikhar with respect when Musharraf and aides misbehaved with him
By Ansar Abbasi
MURREE: The Pakistan Army would stay distant and neutral from the Supreme Court’s proceedings against the ex-army chief and condemned dictator General (retd) Pervez Musharraf’s trial on account of his Nov 3, 2007 unconstitutional action.
While many wonder if the Pakistan Army would defend Musharraf despite what he did to Pakistan, its institutions and to the constitution as a 14-member bench of the apex court is currently adjudicating the former dictator’s Nov 3 actions, the military under General Ashfaq Parvez Kayani intends to stay neutral. It is not interested to drag itself into unnecessary controversy by siding with a man, who is no more associated with the Army and is sought by the country’s superior judiciary for his unconstitutional actions.
The Supreme Court Wednesday summoned Musharraf to appear before the 14-member bench or get himself represented through his counsel to defend his actions of Nov 3 and later. Although the military spokesman when contacted by a member of The News Investigative Reporting Wing did not offer his comment on the question if Pakistan Army would defend its former chief in the apex court, a senior army source simply ruled out any such possibility. “What army has to do with this,” said the source, adding that the Supreme Court has taken up a political case that has nothing to do with the army.
“We have nothing to do with it,” the source said when precisely asked about the Nov 3rd unconstitutional actions of the then Army Chief General Pervez Musharraf. Musharraf, the military source added, is no more in army. “You know better that he is retired now and have no link with army,” the source said, adding that dragging Pakistan Army into this would be uncalled for.
In an interesting twist of fate Musharraf, who had perpetuated his dictatorial rule by misusing his powers as chief of army staff and even at the cost of the reputation of the institution of Pakistan Army, is all alone and is now trying to settle down in London as he fears facing music if comes back to Pakistan.
Musharraf is becoming such a lesson for others that even Washington to whom he had sold his soul and served even at the cost of damaging Pakistan, has been abandoned by his real master. US special envoy to Pakistan and Afghanistan Richard Holbrooke Wednesday said President Pervez Musharraf is now history and that the US will not come to defend him.
The reputation of Pakistan Army was at its worse when Musharraf handed over the military command to the incumbent Army Chief Ashfaq Parvez Kayani, who took no time to get the army out of politics and repeatedly proved military’s neutrality from political and government matters. Kayani, the man who enjoys utmost respect both within the army and outside for his professionalism, kept army out of any electoral manipulation early last year though Musharraf was keen to rig the elections to get his choice parties elected all over Pakistan.
After Musharraf’s departure and the emergence of President Asif Ali Zardari as the major opponent to the restoration of the deposed judges, again it was the incumbent army chief who played his positive role and have had a series of interactions with President Zardari and Prime Minister Gilani to settle the issue to the best interest of the people, the country and the judiciary.
This is also in public knowledge that even during the days when Musharraf was an all powerful dictator, he had also refused to give an affidavit against the incumbent Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry following his controversial suspension on March 9, 2007. Perhaps not many know that Musharraf and some of his other Generals misbehaved with the chief justice on March 9 in order to coerce him into tendering resignation, Gen Ashfaq Parvez Kayani, the then ISI chief, was decent and polite with the chief justice. While others were rude towards the CJ, it was Gen Kayani, who had even offered a cup of coffee to Justice Iftikhar Muhammad Chaudhry.
Army to stay away