A Case of Two Death Sentences

Source: Public’s Radio/Fareed Khan/AP

Pakistani people are known for their strange standards of morality, and nothing puts these paradoxes in the spotlight than issues considered “sensitive” in society. In a country, dominated by military dictatorship, a verdict such as the one issued by the Special Courts on December 17 was unheard of. This Special Court made of three judges in a 2-1 decision condemned former dictator Pervez Musharraf to death. Most liberal commentators, including Amnesty International, welcomed the verdict only for the supremacy and legitimacy of the civilian constituency over military dictatorship in a country with Pakistan’s history. These liberals went to great length to condemn or disapprove of “capital punishment,” while deeming such a stand by the judiciary necessary to uphold a civilian constitution in the country and to discourage military coups.

However, one of the Special Court judges, Waqar Seth overkilled the verdict by adding the infamous paragraph 66, probably to leave his personal political statement on the verdict, if not to sabotage it willfully. The paragraph or article reads as in the following picture, in which the judge orders the fugitive or convict’s “corpse be dragged to the D-Chowk, Islamabad, Pakistan and be hanged for 03 days” if found dead. To me, reading these words in a verdict by a Pakistani court is almost comical in a dark way, but it is indeed no laughing matter. And I wholeheartedly agree with everyone who has taken offense at such a verdict, even the pro-establishment nationalists and the government, involving public hangings, which have nothing to do with the law in Pakistan. Pakistan is not Iran and the anger of such social conservative uncles should not be enabled just because they happen to have convicted an authoritarian dictator.

Source: Muhammad Rizwan Safdar

It had to take a military dictator sentenced to death to start hearing about the cruelty and injustice of capital punishment from the pro-establishment social conservatives of the country. Most of these people are the lot who talk about hanging child rapists and “traitors” in squares.  However, it is important to understand that most of these people who you would otherwise not hear from on capital punishment are social conservatives. They have nothing against the death penalty. On the other hand, another brutal verdict from our courts went without any attention when Fulbright scholar and academic Junaid Hafeez was sentenced to death on blasphemy charges after being incarcerated for nearly six years. This must have come as a devastating blow to his family which is already ostracized and has suffered great financial losses ever since Junaid was arrested for the charge. The pain and grief of his father are evident from this VOA interview. You could hardly imagine what his mother would be going through.

Several reports and commentators have pointed out the flimsy evidence in the case of Junaid Hafeez. Many people believe that any court lower than the high court lack the courage to challenge the overzealous blasphemy mobs. This is not necessarily an unreasonable concern for even Sunni Muslim judges less likely to be accused of blasphemy. Rashid Rehman, a heroic lawyer, who opted to represent Junaid Hafeez as a defense attorney was murdered by the blasphemy zealots. It must be pointed out for the benefit of a novice reader who is not aware of the situation in Pakistan that killing of someone alleged to have blasphemed against the Prophet or anything remotely related to Islam is not only encouraged but is considered a great virtue of a hero. However, that does not absolve the so-called “moderate” Muslims or even liberal Muslims of their responsibility.

It is indeed these majority of moderate Muslims who allowed this new form of murderous religion known as “Barelvism” flourish in Pakistan. However, Deobandi Sunnis and Shia Muslims are also complicit in terms of their stance on blasphemy, the latter mostly out of fear, being a regular target of Sunni blasphemy zealots themselves. Even many of these liberal Muslims can be heard advocating the necessity of a blasphemy law but “minimize its misuse through reform.” Well, they have a point too, considering you cannot overturn blasphemy law overnight. But they are still pretty much okay with capital punishment for blasphemy, if not hanging them in the squares.

Ironically, many of the people advocate precisely what Judge Seth had written in paragraph 65 for the blasphemers and the “corrupt,” especially your common social conservative Sunni Whatsapp uncle, or sometimes even a PTI Shia uncle inspired by Khomeini’s revolution. Anti-democracy pro-establishment and anti-liberal social conservatives in Pakistan thrive on this narrative, especially targeted against blasphemers, “corrupt politicians,” and dissidents often labeled “traitors” by them. That is why the epithet of “traitor” stings so much as it is the treatment of their own medicine.

It is amazing how much two death sentences can reveal the hypocrisy and moral corruption of Pakistanis. There is outroar against the death penalty for a military dictator though there is a deafening silence on the sheer cruelty and barbarism with how the State of Pakistan is treating one of its gifted scholars in Junaid Hafeez. We should think twice before giving brownie points to pro-establishment liberals and conservatives in Pakistan for their “humanity.”

The Mockery of the Law and Constitution

Source: The News

Probably never before in Pakistan have we witnessed such a reckless and irresponsible judge. A deluded man from the bureaucratic elite who considers himself to be a godsent Messiah for the people now stands on the edge of criminal violations of the Constitution of Pakistan.

There is an entire history of the ridiculous statements that he has made which has brought disgrace to the office of the Chief Justice of Pakistan. However, he sunk to a new low by threatening to try the dissenters who might resist the construction of dams under Article 6 or the charge of treason. He also added that he has “begun to study” the Article 6 of the Constitution.

He made these statements while taking action against water bottler corporations. While we wish that everyone from the elite bureaucrats would have such a bleeding heart for the common people, he can spare us his twisted sense of populist justice. He should instead run for office after he will thankfully retire, hopefully on the due date in January.

Considering the concerns about the Indus Delta shrinkage, it only makes sense for people to raise questions about the dams he so fiercely advocates. Dams can be environmentally disastrous and there are certainly better ecological solutions than the large and wasteful dams, which can adversely alter the natural flow of rivers.

The honorable Chief Justice even ups the ante by vowing to build the controversial Kalabagh Dam which has been the bone of contention in Pakistani politics for decades. Now whether that is the bureaucratic establishment’s way of reinforcing the Punjabi supremacy. However, it remains to be seen if the unspoken military establishment has yet become strong enough to force the construction of the Kalabagh dam despite the protest from Sindh and the ANP.

But you wonder when is enough going to be enough. You wonder when will people have enough of this insane man at the helm of the highest judicial body in the country. You wonder when people will start challenging his nonsense. Which is particularly becoming difficult with a spineless Prime Minister paying tributes to his dam fund and has actually called for donations for building the dam himself.

Where is the outrage?

Where are the protests? Where are the dharnas?

We either are too afraid to see the inside of a local jell cell or probably we all have just stopped believing in Pakistan.

There is no reason why both can’t be true.

Why No One Noticed This Historic Day for Pakistan

Source: Dawn.com

General Pervez Musharraf – Source: Dawn.com

March 31, 2014 will remain to be a historic day for Pakistan as a democracy.

Call it political point scoring or obsession with political correctness, but for the first time ever, a special civil court has indicted a former Army General for high treason for abrogating the Constitution.

He has been indicted for the November 2007 emergency, even though I guess his bigger crime was the October 1999 coup d’etat.

However, there is no sense of jubilation among the people of Pakistan. There is a good reason for that.

From the beginning, the Pakistani government establishment has undermined the importance of the Constitution in people’s eyes. And they have very much succeeded in it too.

This is why every time there is an imminent need to suspend people’s rights to save the State, nobody raises a brow. And this is why the violators get away with it every time, destroying the democratic system of government.

And no, I have absolutely no interest in people declaring President Musharraf a “traitor”. Neither do I support the barbaric law of capital punishment for treason.

But I am interested in seeing people who break the law brought to justice. I am interested to see some fair and equal treatment, especially when hundreds of thousands are rotting in prisons for acts that are arguably not even crimes.

Even if the secularists of Pakistan accept the Constitution of Pakistan for its own merits, it should serve as an inviolable social contract for the citizens.

Not only should the Constitution be respected, but it should not be suspended under any circumstances to protect the fundamental rights of the people. And any amendment whatsoever must be channeled through the legislative branch under the supervision of the Supreme Court.

It is this attitude that has left people not offering a lot of weight to the Constitution as far as the protection of their rights is concerned. And this is precisely why they have largely been left unaware of their fundamental rights.

However, clearly this is not a day of victory or celebration for most Pakistani people. To many of them, this is just another piece of daily news. Inconsequential, because they know that the military will ultimately come to the rescue of the General.

Probably the real historic day would only arrive when the people of Pakistan actually start believing in their fundamental rights as given in the Constitution. And standing up for them too.

But it’s encouraging to see that we are making progress.