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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A Military At War With Its Own People

Source: ISPR

Perhaps the Pakistan military ran out of RAW agents to target and to showcase to the national media. A few nights ago, the Director General of the Inter-Services Public Relations (ISPR), the official mouthpiece of the Pakistan military, displayed a chart featuring a bunch of “traitor” bloggers and journalists who they allege to be connected to the enemies of the state.

A good number of these social media activists and bloggers were affiliated with PML-N. A number of other prominent journalists were also “mapped” and presented in a manner as if they are a part of some international cartel. He also went on to insult the tribal cap that Manzoor Pashteen wears as a foreign fabrication. In other words, our military is hellbent to push the dissenters to the fringe and exclude them out of the national discourse. And that is abundantly clear by the media blackout of the Pashtun Tahafuz Movement.

Manzoor Pashteen and his trademark cap – Source: niazamana.com

Now, there is a lot of anger we are talking about here. I say this because I have a good idea of how these men think like. The tone with which the DG ISPR was speaking said everything. Obviously, military men like him cannot help but crush the heads of all the traitorous snakes they disapprove of, but in this day and age, it is not that easy. However, the unlawful “disappearances” that the civil society laments continue.

The Foreign Network Blogger Chart – ISPR

Just a day ago, Pakistani-British dual national journalist Gul Bukhari, who currently has an undeniable pro PML-N bias, was mysteriously abducted. It’s really chilling how that happened almost next to the sinister presser by the chief propagandist of the military. Her return to her home the very next day only goes to show that her abductors were anything but any random stalker. It is abundantly clear who her secret stalkers are. Of course, the ISPR denied any responsibility.

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You would wonder what sort of action the secret agencies carry out when they monitor anti-state accounts. The question is whether they act against the bloggers in the form of such abductions? Now, see how Salman Haider, one of the abducted blogger activists replied to journalist Salman Masood’s tweet about the statement from the ISPR.

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To the military and the nationalist patriots, it is nothing but these hideous policies in the name of security that cost people their lives. And people like Lt. Gen. Asif Ghafoor justifies such disgusting tactics by saying that there is no place in Pakistan for traitors. Especially when he has broadened the definition of traitor so liberally. We have a military at war with its own people.

It is almost like the military is openly threatening dissenters, and in my opinion, it is working. Why spoil your comfortable lifestyle and see the inside of a detention center? That too, for a state with a discriminatory constitution and a shameful raison d’être? It’s just not worth it. You are kind of stuck with it now.

But had it been about actively lobbying for Israel or India, or even actively working for a regime change, or being a Hussain Haqqani, it would have been completely different. These days just being an outspoken PML-N could get you in trouble. That has been unheard of, especially for the people of Punjab who have been mostly blind to this side of the Pakistani state.

Whatever was left of democracy in Pakistan is dying a slow, rotting death. The state had never been more threatening to the freedom of press. The role of the military in politics has become even darker than during old school coups as in the terms of Ayub, Yahya, Zia, and Musharraf. Never would you have ever felt more pessimistic about Pakistan and its future.

With a state like this, you don’t need to be paid money to turn against it.

Funny What Amounts to Treason in Pakistan

Source: The Nation

Pakistan is a strange country. Here people are more outraged about who helped catch the most wanted terrorist in the world than the fact that Osama Ben Laden was found hiding in the backyard of the country’s military academy.

Now whether the most wanted man in the world was a prisoner of ours or his presence there was a complete could be up for debate. However, there is no doubt in my mind that both the military and civilian leadership of the time were absolutely committed to fighting terrorism, including Al Qaida.

It is also not difficult to assert how Pakistan has been committed to its alliance with the United States for fighting terrorism, despite all the differences and suspicions. This is why it should really not be so shocking that Pakistan would do everything in its power to help the United States achieve its goals.

If that is the case, what is the big deal with certain Pakistani government officials helping the United States out to locate Osama Ben Laden? I personally disagree with killing Ben Laden instead of arresting him alive, but I am pretty sure that would have been the last resort.

There has been one constant theme since the Abbottabad raid in 2014. Outrage over the United States violating over sovereign air space, even though they were curiously not bothered even any step of the way except for the resistance at the terrorist compound.

Since then we have been trying our best to determine the traitors who tipped off the US authorities about the location of Osama Ben Laden so they could violate our sovereignty. And are absolutely not bothered about the people who kept Osama Ben Laden in the lion’s den for who knows how long.

There is absolutely no doubt that the matter about the Abbottabad incident should be clarified to the public. People deserve to know what really happened that day as opposed to the official narratives the reliability of which have been highly doubtful.

Ambassador Haqqani’s op-ed piece in Washington Post, as narcissistic it was, it failed to demonstrate the reason that everyone in Pakistan seems to be upset about. Though not sure if providing his own example offered any solace to the skeptical and angry American vote. That Ambassador Haqqani’s cockroach skills could survive a nuclear holocaust is not a recent revelation. However, what we are seeing in a new light are the incurably twisted priorities of the Pakistani nationalists.

I tried hard finding how the ambassador could have hurt Pakistan during his one-man crusade, duo if you count President Zardari, against Osama Ben Laden and failed to find any bad news. The gentleman, if we are to take his word for it, used his contacts to help out the US intelligence locate the position of Osama Ben Laden after 8 elusive years. And now that we finally got him, the Obama administration gets to take all the credit for the find. Of course, they get the credit for the kill entirely.

Opposition leader Khurshid Shah pounced at the news by declaring Mr. Haqqani a traitor after our bellicose defense minister raised the issue. A lot in the national media are apparently doing the same. After the habitual retaliatory statement, PPP succumbed to the pressure of national security like always, even though they are aware that their voters do not give a damn about the Haqqani affair.

If anything, this episode speaks volumes of the vision and intelligence of President Zardari for making such a bold diplomatic feat possible. Of course, it is not treason if the Prime Minister and President order something, if Haqqani’s account is true, that is. I only wish the names of the Pakistani civil and military officials would go down in history in the rightful spirit of their valuable contribution when it comes to the operation taking out Osama Ben Laden.

But this also tells us something about Obama administration abandoning its close allies in Pakistan since then, which you could argue could have done more to promote the democratic regime. Under the extreme pressure of military establishment and judicial activism, Prime Minister Yousaf Raza Gillani had to resign to appease our anti-corruption witch hunters.

With the deal of the CPEC closed and the troops of Communist China parading in Pakistan for the first time in history, Pakistan is now under the thumb of the authoritarian Far Eastern power than ever before. No outrage over that either. Meanwhile, Washington is trying to abandon Pakistan as much as possible under the influence of an unpredictable President and crazy isolationist conservatives and left progressives.

But if we stop blaming others for our miserable situation for once, we better consider our national priorities for one second. I am not endorsing a foreign country violating Pakistani borders and air space. Of course, the Americans should have kept the Pakistani authorities in the loop (yeah right), but I am just confused by the lack of outrage at Osama Ben Laden living like a king in Pakistan. Please tell me what I am getting wrong here, or were our objectives in the war against terrorism contrary to that of the United States?

This is supposed to be common sense, but since it is not, you would find people stating the obvious every now and then, which clearly is not so obvious.

Also, this is a good reason why the world has a hard time believing us.

The post was originally published in The Nation blogs.

Brutality Defining Justice

Source: Wikimedia Commons

Source: Wikimedia Commons

When justice needs to be served, how much is enough?

How much should be done to undo the wrong that has been committed and to relieve the wronged?

How much should the severity of the punishment be to inflict the same degree of pain that the victim of the crime suffered?

Is an eye for an eye enough? Or do we need to go beyond that to ensure that we have perfectly balanced the pans of the scale of justice?

How much torture would suffice the necessary urge for revenge?

Well, it’s hard to answer. Because every person has different needs and standards when it comes to revenge. But you do need a close-to-objective standard to establish a state-level punishment that would satisfy a mass audience.

So what could be the most potent standard?

Thankfully, there are systems of governance in the world that have just the answer.

Be as brutal as you possibly can be.

Sadly, gone are the days of medieval torture in Europe and even the Electric Chair has been outlawed in the most conservative states in the US.

But not to worry, there is plenty of other help.

Shariah Law punishment is alive and well, and growing healthy by the day.

Perhaps not everyone is chopping off everyone’s hand, but the intent is commendable.

Saudi Arabia recently beheaded another Pakistani for smuggling heroin. Well, the bastard certainly deserved that. That ought to teach those drug dealers a lesson.

But before you cry Islamophobia, well, it’s not the only guiding principle. there are a lot of guidelines in the secular law around the world, which can be just as illuminating.

Take China’s brutal punishment of Liu Xiaobao for an example. Is speaking your mind treason? And is treason even a crime?

Or perhaps take a few examples from the civilized world?

US citizen Jonathan Pollard is still in prison for spying for Israel in the United States. Could someone explain to me what has Private Manning done to deserve, how many, 35 years in prison. Or even how the terrorist financier Afia Siddiqui could probably survive 86 years of confinement, even though she has not apparently directly killed a single man. Or maybe Shakeel Afridi’s sentence.

But then again, isn’t our Blasphemy Law a by-product of the civilized world?

Oh, but that was the British Empire. Apologies.

Forget even that. What did private property destroyer Gullu Butt actually do to deserve 11 years in prison? Seriously, I would like to know.

We are probably just a bunch of self-righteous passive-aggressive closet sadists who thrive on publicly humiliating and killing one of our own. Which sounds more like symptoms of some sort of mass moralistic psychopathy. And in order to hide that instinct of ours, we have created the label of justice. Because we are not brave enough to apologize for our dark side.

And oh, swift justice. Isn’t that what Ambassador Zafar Hilaly recently quoted on Capital TV to hint why people loved the Sufi Muhammad regime in Swat so much. But he won’t recall it now. It was in the heat of the moment.

And then there is the news and opinion media to serve this very purpose. To satisfy our insatiable appetite and lust for punishing and humiliating someone. Like these cannibals and necrophiliacs.

But why bring local politics in.

Anyway, let’s go for more recent, safer examples.

Source: Golara Sajadian/AFP/Huffington Post

Source: Golara Sajadian/AFP/Huffington Post

Take Reyhaneh Jabbari for instance.

The poor woman killed someone who was about to rape her, which actually doesn’t make her an angel, but she did it in self defense. You never know if the rapist is going to not kill you, and prevention of rape is a right after all. So violence for violence, as per the eye-for-an-eye rule, is perfectly justified.

But no, she did something so terrible. The Iranians had to hang her despite all the Western propaganda. So they did. End of story.

But then again, she committed a murder. Numerous others are publicly hanged in Iran, with their executions seen in live media broadcast. According to many of my social conservative friends, this is the best form of punishment to help deter crime.

Let’s see the other extremity too.

Unlike her, somebody like Mukhtaran Mai survived a gang rape, which by the way, was ordered by a village judicial council or jirga to address another grievance. And dozens of women like her undergo that rather weird form of punishment.

Or maybe another, which involves calling for castration for rape. Death for rape. You know, folks back in India could be as brutal and heartless as the vigilante mobs and other brutal penalizing authorities.

Well, I can’t say I hold the moral high ground here. I definitely don’t. Following the brutal murder of a young girl after her gang rape in a bus in New Delhi, I felt the same way. But I do realize, I was wrong and probably not any better than the rapists.

Maybe I am as barbaric when push comes to shove. I support shooting at violent rioters to prevent killings and damage to private property anyway. And ironically, oppose capital punishment.

But my personal hypocrisies are secondary here. I could believe in private revenge, like a million superheroes, or I may not, but it’s setting a moral example for state governance is what matters here, doesn’t it?

Having said that, I still support, as in Jabbari’s case, killing for self defense, and even in theory and in part, the apparently savage Stand Your Ground laws in the United States, despite their discriminatory application, which demands abuse reviews and possible amends. It’s not a perfect world if you are looking for justice.

There are a lot of liberal folks in Pakistan who wanted to put Mumtaz Qadri to death. Recall him? The same guy who killed Governor Taseer because of his criticism of yet another barbaric guiding principle, the Blasphemy Law.

I am one of those who are against capital punishment for Mumtaz Qadri. I even think that the blood money laws, if not coerced, are among the better parts of Islam.

But probably a lot of folks would blame people like me for the death of a British blasphemer in Rawalpindi’s Adiyala Jail after the incarcerated Mumtaz Qadri incited his murder in religious zeal. He actually believes that shit.

I’d take them seriously, but we have a lot worse problems to deal with.

Because half of people in Pakistan want the country to look like this.

And this is what the other half wants.

And Justice has been served.

Happy Halloween.

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.

The Minimum Responsibility

Source: ISPR

Pakistan is probably the only country in the world where coups are always unmistakably bloodless and unopposed.

But there is a slight problem with such carte blanche bloodless coups. It has become somewhat of an accepted practice, and one which is almost taken for granted. Just like how rapists are turned into grooms in a conservative society.

There has been recent news that the Pakistani government is to try General Pervez Musharraf for treason for abrogating the constitution. I think it is encouraging that finally the authorities are taking note of people abrogating the constitution. However, there is a problem with it.

First of all, I am, by no means, implying that such a trial should not be held and am surely not apologizing for the General. But I would only support it to be symbolic as long as the barbaric law of death for treason remains in effect. I would also like the prosecution to include other personnel to establish the minimum responsibility for the charge, of course with the degrees of responsibility and offense taken into consideration.  

While discussing the illegal and unconstitutional take over of the government by Musharraf, we must also try those who were directly responsible for preventing it. Now I am not saying that we should not hold people accountable for breaking the law, as some supporters of Musharraf would like to do, by demanding obstruction to a trial because a lot of other people were involved too. Especially when Article 6 of the constitution includes the clause of those aiding in the abrogation of the constitution. If the trial goes on at all, that is.

There is a reason why minimum responsibility should be established in this case and why it is not equivalent to inaction in other moral problems, because it has a legal basis. This is because army officers are responsible as per their oath to uphold the Constitution of Pakistan. This is why at least the Armed forces corps commanders should be responsible to stop the Army Chief from abrogating the constitution and taking over the country.

Arguably this should also be true for judges, civil servants and politicians, but given the precedence of military might in Pakistan in terms of politics, that is a relatively unrealistic demand, but a reasonable one and certainly not without basis in legal logic.

Furthermore, who are the only ones who have any real power to prevent someone from their ranks abusing the law and the constitution of the country? It is indeed none else but the army leadership. And to be more accurate with establishing the minimum responsibility, the corps commanders, probably.

Why it is that all the corps commanders apparently seem to be fine with the idea of their chief or even one of them arresting the Prime Minister and taking over the government? Why do they not defect from this defecting and technically treasonous faction of the state and prevent an action that is not only unlawful, but malicious to the Republic?

Why can the military not disobey all the unlawful commands of their corrupt superior and actually arrest the one person or a few who are actually the ones who need to be removed? It is only they who can prevent  this unconstitutional and dictatorial atrocity from occurring. After all, it is only they who have the necessary force to commit the crime in the first place.

But no, our military officers would be under the delusion of genuinely believing that the military rule is what the country really needed, believe it or not.

Or afterwards, when a democratic government is installed, they would justify their complicity by citing the blind military discipline to be the reason when they follow the unconstitutional and illegal commands of their superiors, such as arresting the elected Prime Minister and the cabinet.

What becomes of the blind military discipline when military commanders plan and act to stage coups? What becomes of the blind military discipline when the top military brass decides to supersede the authority of those who they are answerable to?

Army officers following unconstitutional and illegal orders from their superiors is neither discipline nor responsibility. It only makes them a party to a crime which is in clear violation of their oath, which also makes it a professional failure, surely a greater problem than jeopardizing democracy.

Let us establish at least the minimum reasonable responsibility for treason for the October 1999 coup, if we are to try for it at all.

Let us try all the corps commanders and commanding officers carrying out unconstitutional and authoritarian measures of force. And those who failed to prevent them. In that order and, if found guilty, penalizing with the respective degree.

But let us first remove the ridiculous penalty of death for the charge of treason.