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.

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Doubling Down on the Judicial Coup

Source: Dawn/White Star

Perhaps the judicial bureaucracy had not done enough to ensure a comprehensive ousting of the PML-N leader, they came up with another strike. The judicial coup was completed by the indictment and sentencing of the former Prime Minister Nawaz Sharif, and curiously enough, his political heir Maryam Nawaz, who has started to play the defiant Benazir lately. The essentially political verdict statement, like the one of his disqualification, was standing on shaky grounds, to say the least. Especially for targeting Maryam Nawaz so heavily. Also, considering how the same judiciary is allowing General Musharraf to contest elections and has allowed the bail to controversial cop Rao Anwar in an extrajudicial killing case.

All the pieces are falling in place, as the “minus-two” understanding between the state establishment and PML-N leadership rule out any chance of an administration that resists the established order. This involves Shahbaz Sharif, the incumbent Chief Minister Punjab, leading the party and becoming the Prime Minister if PML-N wins. It’s just an insurance policy considering how Imran Khan’s huge ego could get in his way when it comes to submitting to their will, unlike in the case of his newly adopted wife-mistress. However, never have we seen PML-N candidates abandon their party tickets like we are seeing now… all because of pressure from the one that is not to be named.

For the military establishment, it does not matter what signal these measures send to the world. Their global reputation they have never cared about. Their policies despite the FATF grey-list development is a testament to that. The Election Commission’s clearance of fundamentalist religious parties, especially Hafiz Saeed’s Milli Muslim League, is a testament to that. However, it is their reputation among the Pakistani people that matters, especially in urban Punjab. It is an uprising in the heartland that it cannot afford.

For the first time in Pakistan’s history, their reputation among the people of Punjab has been shaken. Before the clash with the PML-N, Punjabis used to issue certificates of patriotism and treason to Bengalis, Sindhis, Baluchs, and Pashtuns. Since Maryam Nawaz, Punjabi leadership has become a national security threat for the first time. But will the most popular political leadership of the country, the recipient of more votes than probably any entity in the history of Pakistan, going to inspire the people enough to get them out on the streets?

Not likely. Punjab has been traditionally politically dormant but never has the order been shaken in this manner. The recent confrontation is probably a reason enough to forgive Nawaz Sharif for seeking the patronage of a military dictator to launch his career. At least why blame Maryam for it?

But the real threat to the perpetuity of democracy remains to be the citizens who stand firmly behind the state bureaucratic establishment. Once we recognize the judicial coups and stop celebrating coups, we may inch closer to democracy.

Another Victory for Islam in Pakistan

Source: @Ehzan

The religiosity of the devout Muslims in Pakistan is a remarkable phenomenon. On one hand, the religious conservative Muslims maintain that people of other faith cannot possibly have a safer abode than a Muslim society and yet they will insist on further cornering marginalized community. They will openly express their hate and while this must not be the case with fringe liberal Muslims,

To remind the bigotry of a regular orthodox conservative Muslim in the holy month of Ramadan, a mob in Sialkot destroyed an Ahmedi mosque, which according to Ahmedi pages was 150 years old. The video of the aftermath of destruction is shared by people whose posts are full of derogatory slurs against Ahmedis.

According to American Ahmedi activist, Kashif Chaudhary, the mob consisted of the members if the extremist Tehreek Labaik Ya Rasool Allah. While they are the usual suspects ideologically, the word on twitter, at least as per Rabwah Times, local PTI leader Hafiz Hamid Raza was also involved.

https://platform.twitter.com/widgets.js

https://platform.twitter.com/widgets.js

The news will not be found anywhere in the mainstream Pakistani news media of course, which preaches faux tolerance when it is not spreading hate and bigotry or is calling people to report instances of blasphemy. A more substantial footage of the incident was shared by the Ahmedi page The Rabwah Times. It is immensely important to both report and record incidents such as these because most of the time you will find Pakistani social conservatives even denying their occurrence altogether.

In Pakistan, a lot of fuss is made about security, justice, and law and order. As evident from the speech of the leader of the mob, the members of the district administration were not only present at the site of this incident but were apparently supervising the demolition. But if the federal government accepted defeat on the very same issue to the goons of Labaik Tehreek Ya Rasool Allah after the sit-in protest about six months back in November 2017, this is a small violation in comparison. Ideologically, the Government of Pakistan and its law enforcement backs this religious bigotry.

It is important to point out that this incident is committed by a community that is outraged to this day by the demolition of an obscure Babri Mosque in Ayodhya in India. That incident was undoubtedly a clear example of Hindu extremists in India and resulted in their strained relations with the Muslim community. However, you would expect some level of understanding from the orthodox Muslim groups. Not the case in Sialkot.

But it is also liberal naïvety comparing it to Babri Mosque incident. You need to see the incidents from the eyes of Sunni Muslims too. The mosque belonged to a community which is not supposed to have a mosque according to the Pakistani law. They have only done justice in their eyes.

Again, in the proud history of justice in Pakistan, this incident will shine as yet another example of the exemplary state of civil rights in the country.

How could things possibly be wrong in an Islamic Republic?

This was just another victory for Islam in Pakistan.

The Caliph Syndrome

CJP-Mian-Saqib-Nisar-PakistanToday-1 - e

Source: Pakistan Today

Cheif Justice Saqib Nisar is determined to make an important contribution to world history. He knows he will not get this chance ever again.

When he was appointed as the Chief Justice of Pakistan, by none other than the very Prime Minister whose demise has been caused by the infamous Panama Papers verdict, he knew that he had to leave a mark on the world. But more than that, he was motivated by a philosophy of governance deeply ingrained by the traditional Islamic upbringing. I call it the Caliph Syndrome in the case of Pakistan but actually it is nothing more than Messiah Complex. This mindset, if not megalomania and delusional narcissism, has led to judicial activism the likes of which were not even reached during the term of Chief Justice Iftikhar Chaudhary, the first one to go into this territory, euphoric after his restoration after a dismissal by dictator President Pervez Musharraf.

This Messiah Complex is further fed by the notion of expecting a savior, which has been In Islamic tradition, there is a ridiculously puritanical and idealistically exaggerated concept of governance in the pattern of Caliph Umer II. Some people attribute that style of governance to Umer I which holds that the Caliph or the emperor is supposed to be answerable for the death of even a lamb in a remote corner of the domain. While this sounds all good, the person who is supposed to be infatuated with this idea is the governor of the land, not the ombudsman who is supposed to ensure that law and order are kept. However, what if this zealotry actually leads to the ombudsman violating the lines set by the law and general ethics?

The Chief Justice has not only been consistently interfering in the operations of the administrative branch but has been on a rampage in terms of making ridiculous statements. This does not mean that his intentions are not good even though politically speaking he is being dubbed as the stooge of the military and bureaucratic establishment. To push this theory even further, you would find the media taking all opportunities to highlight his heroics on national TV and encouraging him to indulge further in judicial activism, with the exception of a few responsible journalists. This Chief Justice, like Iftikhar Chaudhary, has particularly been concerned with the way he is portrayed in the media.

It is perhaps the Caliph Syndrome, which so easily persuades otherwise responsible civil servants to take up the role of the Messiah, and it is perhaps the same factor that makes people so attracted to such figures. There is no surprise that the Messiah Chief Justice is the hero of many who cannot help but admire his visits to the local hospitals to inspect their operation. Chief Minister Shahbaz Sharif doing that was so 2010s.

He talks about a lot of things that the people want to hear, such as the delivery of speedy trials, public servants making the most of their time for official duties, and respecting the law and the constitution. However, his good words are undermined by the fact that he is a loudmouth with a broken filter and even that is understating the chaos that his words are causing. A person who loves to hear his own voice and who loves flaunting his old school literary chauvinism, he attracted flak with the use of his sexist analogies.

Sometimes, the lack of filter on his speech can even take darker turns, which show a glimpse of bigotry in this custodian of the Constitution and the Rights of the People. His hate for the Hindu community is evident from his Urdu language comment cited in the following clip from a Pakistani talk show.

However, there is a reason you see no other judge around the world inspecting school and hospitals.

The very fact that he lectures and his role of fatherly advice that is a problem in terms of law and order. His use of the bully pulpit is precisely what is wrong with his understanding of his role. And going out of his way for skirmishes with the leaders of a certain political party make his apolitical role controversial and partisan.

What makes the entire “Baba Rehmatey” phenomenon so ironical and hilarious is that fact that the preacher himself is violating the principles he is preaching others to follow. The most responsible person in the society is performing his job, as hardworking and sincere he may be, with utter irresponsibility.

But if Saqib Nisar thinks he is unique in this contribution, he is not the first person who considers himself Caliph Umer I in Pakistani society and he most certainly will not be the last.

 

Pakistani Idiot of the Year 2015: Maulana Muhammad Khan Sherani

Source: dawn.com

Source: dawn.com

While this year offered its fair share of forgettable hilarity and brutal sadness here and there, no one could equal the sheer stupidity and evil of Maulana Muhammad Khan Sherani, the head of the utterly useless, if not malicious, Council for Islamic Ideology of Pakistan.

I wish more people would agree that this organization can only do more harm than good. I know he has already pissed off women’s rights activists. Those in doubt should check their list of major legislative achievements, which should send chills down anyone’s spine, unless you favor locking women away in cages.

However, Maulana Sherani’s shenanigans have been in the news for a long time. So what’s new? The great Maulana with his infinite wisdom of interpreting the Koran and the Sunnah stooped to new depths of misogynistic filth with his suggestions on how women should and should not dress.

During the 200th meeting of the Islamic Council, he graced the world with his generosity by suggesting that it is “not mandatory for women to cover hands and feet,” even though he would consider it preferrable to wear gloves and socks.  Well, thank you, Maulana because women walking around like bandaged Egyptian mummies is the only way to prevenet rape and mischief. Adding these lines actually make you feel physically sick and are the biggest reason for his selection this year.

Later, in an attempt to completly cement gender gap in the Islamic Republic, he recommends completely abolishing co-education and separating educational schools for boys and girls from a very early age. The Council has also declared surrogacy unlawful and unIslamic, so the babies born this way can really go to hell.

Last year, under his leadership, the Council for Islamic Ideology has already declared the laws prohibiting child marriage to be contrary to the Islamic values. In other words, the body is recommending to abolish the laws protecting young children from possible abuse in the name of lawful marriage. They have also ruled out DNA as the primary evidence for rape, and consider an anti-adultery law to be sufficient to protect women from violence and harrassment.

To many, this becomes a matter of what the right interpretation of Islam should be. Apparently these people on the Council make a living doing that. So not sure if any of us can really claim to know more. However, any taxpayer who is not concerned at these clerics getting away with murder should think twice. This institution should be abolished for fiscal, if not humanitarian and democratic, reasons.

This very day as I am writing these words, news just broke that His Worship has involved himself in a scuffle, rather unwisely, with the not-exactly-frail Maulana Tahir Ashrafi, probably the most liberal of Sunni clerics on the council. They were locking horns over the contentious status of the Ahmedis, or as they put it Qadianis, on whether or not to declare them infidels. Not sure how many times do we need to do that though, which was probably the point that Ashrafi was making. But I guess another thing about the Council is that it makes sadism socially acceptable.

A video from within the meeting has been leaked as well. Nevertheless, the smarter Ashrafi resorted to using brain instead of brawn with a timely press conference, not in the opinion of one eye-witness though, for making the point why we should get rid of Sherani as the CII Chairman.

An office that in my opinion should not exist in the first place.

Read about the Pakistani idiot of the last year here.

Discrimination Against Ahmedis: Institutionalizing Hate in the Name of Love

Source: dunyanews.tv

Source: dunyanews.tv

The recent hateful protests by business owners demanding Ahmedi citizens to wear identification publicly have been a real eye-opener to anyone oblivious to intolerance in the Pakistani society. The protest was directed against Punjab police for removing hateful and derogatory signs from a shop warning Ahmedis to refrain from entering.

It is inconceivable to deduct that these people are calling for such measures out of sheer hate for humanity. It is clear that their hateful rhetoric is fueled by religious fervor. For the majority of Muslim citizens, these traders are only playing their due to defend the finality of the Prophethood and are doing so in the name of the love for the Prophet. The only problem is that such love has created a serious civil rights crisis.

For those who are not aware, the government of Pakistan already requires its Muslim citizens to sign a declaration of not being an Ahmedi for the National ID card registration. Furthermore, the Second Amendment to the Constitution of Pakistan is also dedicated to declaring the religious sect or group non-Muslim.

The demand for Ahmedis to wear identification, which has been widely compared to the yellow Juden badge in the Nazi Germany by critics, would take the institutionalization of discrimination against them to the next level. Calls for such apartheid measures should be a great concern for anyone who is worried about the state of freedom and civil liberties in Pakistan. This should also be a great concern to people who claim that an Islamic society offers perfect protection to religious minorities.

Religious freedom can be a funny civil liberty. While there is apparently no hint of doubt that all religions preach peace and love, this unexpected exceptional case warrants enough liberties to one side to infringe on those of others. As a matter of fact, this almost always occurs in overwhelming religious majorities, but hardly truer in any case in modern times than that of the persecution of Ahmedis in Pakistan and apparently there is no social contract to keep such religious freedom in check.

What are you going to do when such a force of public sentiment influences provisions in the law and the Constitution? Some would even argue that improving the law would hardly prove to be of any effect, but there is no doubt that eliminating profiling would make a world of a difference, if not the Second Amendment.

Probably the answer to the question of reforming Islam lies in the belligerence against Ahmedis as well. There is a reason why Sunni Islam has survived over 14 centuries. The school so fiercely and often violently represses any deviation to its orthodoxy. The Sunni clerics ensure to establish a hostile environment for suppressing novel religious ideas, and possibly, with the rise of Khomeini in Iran, the Shiite branch has been establishing its own state orthodoxy as well.

In the case of Pakistan, eliminating the persecution of Ahmedis would probably prove to be even more difficult than reforming the blasphemy law. At least not as long as a fairer social contract is in place. Possibly in a reaction to the Ahmedi movement, local clerics have aggressively established the theological narrative to counter its supposed claims over the last century. While such firmly rooted beliefs insisting on the legal definition of Islam would sound fine as a theological position, the subsequent activism for their excommunication has led to the formulation of such dangerous laws.

Some would argue that the bureaucratic and political elite had surrendered to the theological pressure for discrimination the day they agreed to establish an Islamic Republic. However, it is imperative to remind the people of the problem by pointing out that such theocratic provisions are a serious violation of civil liberties and religious freedom.

Furthermore, the institutional and systematic persecution of Ahmedis is the greatest evidence that minority religious groups are not safe in a Muslim majority society. It also shows that theocracies cannot be trusted to ensure religious freedom to communities not following the state religion. The Pakistani lawmakers have very deliberately formulated the sort of laws that would physically threaten a certain group of Pakistanis and the clerics deem them perfectly according to the Koran and the Sunnah.

The theocratic Apartheid state is only a logical conclusion to such a foundation.

The post was originally published in The Nation blogs.

Why Support Zaid Hamid Against Saudi Arabia

Source: Zaid Hamid facebook page

Source: Zaid Hamid facebook page

A big test of the values that you believe in lies in defending the rights of someone you don’t agree with.

Zaid Hamid is a commentator with radical views which entwine conspiracy theories with religious traditions, which repulse many liberals, centrists, and conservatives alike. He was recently arrested and sentenced to eight years and a thousand lashes. There is no doubt that every supporter of the Caliphate such as Hamid should be criticized, but that does not take away their right to free speech, even if they are demanding something that would kill the freedom to exercise it.

But in this case, the real opponent is Saudi authoritarianism and the consistent abuse of Pakistani citizens at the hands of their abusive state that is supposedly a part of the “Muslim brethren.” Not only have Saudi Arabians barbarically beheaded dozens of Pakistanis for minor alleged offenses, such as drug trafficking, but this time has arrested a citizen for making an inconvenient speech.

Of course, you cannot really expect to criticize Saudi Arabia on their soil and get away with it. Most of us have not heard what the content of his speech was, and it is easy to assume that it would somewhat comprise of hate speech, or at least call for rebellion. Nevertheless, the harsh punishment would sound strange to many in Pakistan, or would it?

But why go out of our way to defend someone whose views the world is better off without?

Because free speech is a value greater than any partisan differences, and also because it is time to show critics and defenders of authoritarianism that free speech is a far superior ideology than theocracy and fascism.

This is why the arrest of Zaid Hamid in Saudi Arabia is a tremendous opportunity to show the traditional opponents of free speech why they are speaking against their own fundamental rights, and why free speech is such an important value to defend.

While you cannot really expect most Muslim conservatives and Pakistani nationalists to even understand, let alone appreciate and value the idea of free speech, but it is important to show them that this value applies to everyone, no matter what their ideological or philosophical position is.

This is why it is of utmost importance that the proponents of free speech, whether liberal or otherwise, should drop their cynicism for a while and support Zaid Hamid in his hour of trouble. It is also important to be concerned for his personal safety, especially because he is a Pakistani citizen, and to call out Saudi Arabia for its brutal authoritarianism and barbaric, medieval penal code.

Months ago I wrote about Saudi blogger Raif Badawi, who is still in the custody of the Saudi authorities for speaking his mind about freedom and democracy. Many more Pakistani friends spoke in support of Badawi. Therefore, it is only appropriate that we should speak about this case with the same passion. This should remind everyone that people for free speech are the ones consistent in their positions.

It is not hard to see for anyone, whether the proponents of democracy or the Caliphate, that Zaid Hamid committed no crime and does not deserve such punishment.

It is evident that speech is not a crime. And that is why this is the best opportunity to demonstrate this fact to the people opposed to the propagation of free speech, who dismiss it as a Western idea.

This is precisely why blasphemy is not a crime and should not be considered a crime by any entity. People in the Caliphate camp should remember that.

The post was originally published in The Nation blogs.