Demon-ocracy

This is the actual transcript suspending President's order of appointing judges:

IN THE SUPREME COURT OF PAKISTAN

(ORIGINAL JURISDICTION)

PRESENT:
Mr. Justice Mian Shakirullah Jan
Mr. Justice Raja Fayyaz Ahmed
Mr. Justice Jawwad S. Khawaja

Constitution Petitions No. 2, 3 & 4 of 2010

Petitioner (s)
Nadeem Ahmed Advocate (in Const.P.2/2010)
Khadim Nadeem Malik (in Const.P.3/2010)
Watan Party,etc. (in Const.P.4/2010)

vs

Respondent(s)
Federation of Pakistan etc.

On Court’s call: Qazi Sajid Mehmood, Additional Registrar

Date of hearing: 13.02.2010

ORDER

1. Today two notifications, one relating to the appointment of Mr. Justice Khawaja Muhammad Sharif, Chief Justice of the Lahore High Court as a Judge of the Supreme Court and the other with regard to the appointment of Mr. Justice Mian Saqib Nisar, Senior Puisne Judge of the Lahore High Court as Acting Chief Justice of that Court have been issued by the Government of Pakistan, Law, Justice and Parliamentary Affairs Division under the signatures of Malik Hakam Khan, Draftsman/Additional Secretary. The said notifications read as under: –

“No.F.2(1)/2010-A.II.- In exercise of the powers conferred by Article 177 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to appoint Mr. Justice Khawaja Muhammad Sharif, Chief Justice of Lahore High Court as Judge of the Supreme Court of Pakistan with immediate effect.

No.F.1(2)/2009-A.II.- In exercise of the powers conferred by Article 196 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to appoint Mr. Justice Mian Saqib Nisar, Judge, Lahore High Court as Acting Chief Justice of the said High Court with effect from the date of the notification of the appointment of Mr. Justice Khawaja Muhammad Sharif, Chief Justice of Lahore High Court as Judge of the Supreme Court of Pakistan.”

2. The Additional Registrar, who appeared on Court’s call, informed the Court that a news was telecast in the electronic media regarding the aforesaid notifications and it was also in the news that Mr. Justice Mian Saqib Nisar would be administered oath by tomorrow morning (Sunday), which necessitated the hearing of this case as an urgent one and this Bench was constituted. Since it was an important matter, the Additional Registrar was directed to issue notice to the learned Attorney General including through telephone and we retired for a while until we were informed about the service of the notice upon the learned Attorney General. After some time we were informed by the Court Associate that the Additional Registrar, after informing the learned Attorney General through telephone about the hearing of the case had come to the Court, so we re-assembled.

3. The Additional Registrar, in his report stated that he informed the learned Attorney General for Pakistan through telephone who told him (Additional Registrar) that he was in Karachi at the moment and that the last scheduled flight from Karachi to Islamabad had already departed at 7:00 p.m., he expressed his inability to appear before the Court. Since the matter was of urgent nature, as stated earlier, steps would be required to be taken by the Governor of the Punjab to administer oath to Mr. Justice Mian Saqib Nisar as Acting Chief Justice of the Lahore High Court by tomorrow morning, hearing could not be postponed without passing an appropriate interim order.

4. Article 177 of the Constitution of Islamic Republic of Pakistan provides that a Judge of the Supreme Court shall be appointed by the President after consultation with the Chief Justice of Pakistan. The Additional Registrar stated that according to the record of this Court no consultation had taken place by the President with the Hon’ble Chief Justice of Pakistan regarding the appointment of Mr. Justice Khawaja Muhammad Sharif, Chief Justice of the Lahore High Court as Judge of the Supreme Court. In the light of the statement of Additional Registrar and also the note submitted by him and placed on the file of Constitution Petitions No.2, 3 and 4 of 2010 relating to the same/almost the same matter, already pending before this Court in which notices had been issued and a larger Bench constituted for 18-2-2010, the notification of the appointment of Mr. Justice Khawaja Muhammad Sharif as a Judge of the Supreme Court, prima facie, appears to have been issued in violation of the provisions of the Constitution, particularly, Article 177, hence the same is suspended subject to notice to the Federation of Pakistan through Secretary, Law, Justice and Parliamentary Affairs Division, the Attorney General for Pakistan and the learned Advocate General Punjab. Mr. Justice Khawaja Muhammad Sharif shall continue to perform his duties as Chief Justice of the Lahore High Court until further orders of this Court. No steps to administer oath to him will be taken.

5. In view of the suspension of notification No.F.2(1)2010-A.II. dated 13.2.2010 regarding the appointment of Mr. Justice Khawaja Muhammad Sharif as a Judge of the Supreme Court, the office of Chief Justice of Lahore High Court will not fall vacant, therefore, the second notification No.F.1(2)/2009-A.II of even date regarding the appointment of Mr. Justice Mian Saqib Nisar as Acting Chief Justice of the Lahore High Court cannot be acted upon. Therefore, the same too is suspended. In consequence, Mr. Justice Mian Saqib Nisar will also continue to perform his duties as a Judge of the Lahore High Court until further orders. Resultantly, no steps including administering of oath to Mr. Justice Mian Saqib Nisar as Acting Chief Justice of Lahore High Court shall be taken by the concerned functionaries.

6. The Draftsman/Additional Secretary, Ministry of Law, Justice and Parliamentary Affairs, under whose signatures the aforesaid notifications have been issued, is directed to appear in Court on 18.02.2010, the date already fixed in the titled cases. The Registrar of the Lahore High Court shall also appear on the said date.

Mr. Justice Mian Shakirullah Jan
Mr. Justice Raja Fayyaz Ahmed
Mr. Justice Jawwad S. Khawaja

Islamabad, the
13th February, 2010
M.Ali/*

There they go again.

After 3 weeks of staying out of my home town karachi, I am back. I have seen freezing temperatures in lahore. not just cold, but seriously cold :) Fog was thick, flights were regularly canceled and thus i traveled through my favorite joyrides; Rail. Watching whatever visible green fields i could through fog, i saw the landscape of Pakistan again. I am in love with my country, Again!

As i came back,

Karachi was already engulfed with target killing, political instability, diplomatic black mailing, and all sort of power struggle, resulting in the deaths of those innocent citizens who were reported to be not involved in anything. Some say before the differences between two major political parties over Local body government and administrative re-appointments was to be solved at the tables, it was a final show down of their respective street power. I was not in Karachi when the bullets were fired, but i know its "the streets" where the power struggle has always remained decisive. Any way; who fired?, Who

died? Why were they killed? That has never been important here. Its a city living on its own principles, norms, and agendas. The day i was doing my last radio show from lahore, Karachi was shaken by yet another series of twin bombings, resulting in the death of 27 and more than 100 injuries.

Sheikh Rasheed came under fire yesterday, in front of his election office, as he is preparing to contest by-elections from NA-55. Four died, he was safe. Who shot at the dog? No clue! And blaming PML (N) is not just stupid, shocking but actually non sense. Argument is; since they govern Punjab so its their failure. Excuse me, what about taking responsibility for the rest of the country?

Sarah Palin is being ridiculed on the media for cheating to an interview question by reading from a note written on her palm. I can hear Zardari speaking to himself in the capital....

"Thank God she didn't cheat from the same hand, i shook with her"

"Otherwise....

.....people in my country would still blame me for passing on to her....... The cheating germs"

Karachi's tense air is addictive and the thing which i missed most in Lahore was....

The rascalous snap checking of Karachi police :)

Since my first ever print interview is published in the country's most famous Women Digest;

i can now be certified as a ladies man.

The pages from khawateen Digest can be accessed here:

http://www.pkdigest.com/gallery/main.php?g2_itemId=35778

Karachinkolf - 2010

It been only few days into new year. We in Karachi, have a security situation. "Rangers and police had been mobilized into a search and arrest operation inside one part of the city" for which today our interior minister refused to take any responsibility. He didn't approve of it. Neither is he (against his promise made yesterday) ready to reveal names of those involved in the city unrest.

If unlike any un concerned citizen of this city, this security lapse and absence of any assurances from the higher ups of ministry down to the local police officer... is choking or bothering you...then...
"please move to Pindi" says my funny retired neighbour.

Happy New Fear !

Despite few parties, private musical programs, dance floors, and dinner halls packed with people in and around few selective corners of the city, most of the landscape here in karachi looked like a zombie land.

Two Years ago.

It was 27th of December 2007.

I was at my radio station, which is situated in an office plaza at sharae faisal, Karachi. Usually 10 minutes before the 6 o'clock news i am going through my notes, while constructing words for the opening line of my radio show, which starts right after the 5 minute news bulletin. Political atmosphere of Pakistan had dramatically changed. Emergency was imposed, judges were deposed, media was shunned. For 34 days i myself lived with silence as our radio transmission was forcefully barred and our equipments were seized. After years of army rule, not only musharraf had taken his uniform off, also both ex-prime ministers had returned to the country. From being in exile few weeks ago, to campaigning in front of the nation for upcoming elections, it was sadly the best, in this country, people have seen of "democracy".

Despite stories of the day in my notes were...

• Peak-hour electricity shortage reaches over 2,000MW or 20 per cent of the total demand.
• Musharraf and Karzai renewing pledge to combat terror.
• Pakistan hosting hundreds of foreign observers for the January 8 polls.
• US Special Forces to train Pakistani troops.

I began my radio program with the usual "Salam" followed by "listeners, there is a sad news still developing and reaching us from Islamabad, that Benazir is killed".

A minute earlier; news department had confirmed me, as to what happened when the dust settled from the bomb blast at her motorcade. I remember not saying much, and stepping out from the studios to news desk. It was being confirmed and relayed on almost all news channels by then.

I went back on air after commercials and called in the news guy to share with listeners some more information about entire events of the day leading up to this incidence. After which, i went out of the studio office to grab a smoke in the alley near the stairs. What i saw was something i had never seen before; the entire workforce of this 11 story office building, leaving all at once. Their faces were pale, terrorized and everyone looked confused. Seeing this flood of people evacuating the building, i followed 'em down to check the streets. I was relax, since i knew news department will take over the transmission to connect with few reporters from the scene and etc... and i don't have to resume the show immediately.

I remember street lights were out, people were gathered in huge numbers, cars were packed with extra people, as every one instantly believed, "fleeing to home" was the right thing to do. I talked with few people to see what they knew more about benazir's death that i didn't. They all said, "you have no idea what is to come, now". I tried reading their minds by inquiring what is to come? They all seem to agree with "just about anything". As if the instant reaction of her death was intuitively sent into their brains. I could not see the reason for panic, since i myself was shocked like most of them were, i told myself "lets go upstairs and finish the show, then i will head home".

I received a text from my younger brother, conveying a very important instruction from my father.
"No political commentary, beta!"

Before the 7pm news bulletin, within an hour, the fear of those leaving for home instantly after the news; started making sense.

Radio's newsroom started receiving information of riots, gun shots and fires being set in several places of the city. This was odd at first, but as hours passed and police, rangers and army was not mobilized at all, it all turned into complete havoc well before the 10pm news bulletin. Office staff at our radio were the only few people in the entire building left stranded.

News of cars being burnt, banks being looted and several unknown gunmen harassing public at almost all big and small roads, started reaching us. Public transport was either halted, stopped by force, or crashed and then set ablaze. Little did we know, that we won't be able to go anywhere for next 36 hours. Terror danced out on the streets, naked in front of our eyes.

Phone calls we received and reports which reached us throughout next three days; still haunts many in our staff team. More than 4 billion dollars worth of looting and destruction. Several dead and kidnapped.

Note:

More than 28 railway stations, 13 engines and 7 trains were set ablaze, totaling a loss of 3 billion alone. More than 3000 cars, 176 banks, 37 gas stations, hundreds of buses, trucks, shops and buildings were destroyed. More than 100 people died in riots which followed BB's assassination.

Unreported stories:

21 year old Abid (now 23), is still waiting for his sister to return from office. Last phone call she made was minutes before plunging into a small street for safety after abandoning her car after witnessing riots on streets.

Her wedding date was in a month's time.

It was a black day in the history of Pakistan and BB's death was the least of any reason why.

From Indus Civilisation to Sindhi Cap

Indus Civilisation

The civilization which once existed on the banks of Indus river, is recorded to inhabit world's earliest urban civilizations in the entire archeological history of mankind, along with Mesopotamia and Ancient Egypt. At one point in history, Indus valley civilization, in its 5000 year old ruins holds a tell tale of two hundred thousand people living in a modern city. They traded goods, travelled vast areas with their merchandises, developed a sophisticated agricultural plane and constructed their housing on modern principles.

Literature, Language and culture.

Well over 400 distinct Indus symbols (some say 600)[46] have been found on seals, small tablets, or ceramic pots and over a dozen other materials. Indus Valley Civilization is often characterized as a literate society on the evidence of these inscriptions. Brief symbols of these inscriptions are unparalleled in any known premodern literate society. Some argue that the Indus system did not encode language, but was instead similar to a variety of non-linguistic sign systems used extensively in the Near East and other societies. Others have claimed on occasion that the symbols were exclusively used for economic transactions, but this claim leaves unexplained the appearance of Indus symbols on many ritual objects, many of which were mass-produced in molds. No parallels to these mass-produced inscriptions are known in any other early ancient civilizations. (to be continued ... )

AfGoNowistan -

AF_GONOW_istan - Policy

There is no denial of US losing war in Afghanistan, but a long awaited US-Afghan policy is finally out. Obama didn't have much options. He could either amplify troops on ground, or make sure safe withdrawal of troops. For now, he took a very calculated central position.

President Obama's speech Tuesday night may have focused on his decision to send 30,000 more troops to Afghanistan, but infusing almost every paragraph was the administration's even deeper concern about Pakistan.

“We will act with the full recognition that our success in Afghanistan is inextricably linked to our partnership with Pakistan,” Obama told cadets at the US military academy at West Point.

In a speech televised live nationwide, Obama billed the “effective partnership” with Pakistan as one of the three “core elements” for defeating extremism, along with an increase in both troops and civilians.

US President Barack Obama’s new strategy for Afghanistan must ensure that there is “no adverse fallout” on Pakistan, the Foreign Office said on Wednesday. “Pakistan has taken careful note of the important announcement by President Obama on the Afghanistan strategy,” said Foreign Office spokesman Abdul Basit. Basit said Pakistan looked forward to engaging closely with the US in understanding the full importance of the new strategy.

The Afghan Taliban said on Wednesday President Barack Obama’s plan to send more troops to the country would only strengthen their resolve.

“Many more troops the enemy sends against our Afghan mujahideen, they are committed to increasing the number of mujahideen and strengthen their resistance,” the Taliban said in a statement e-mailed to media.

Mr. Obama spoke of the two countries' long and rugged border region as the "epicenter of the violent extremism practiced by Al Qaeda" that continues to threaten the US. He went further, saying that the dangers in allowing the region to "slide backwards" into becoming a haven for extremists "are even greater with a nuclear-armed Pakistan."

But so far, Pakistan's civilian and military leaders have been reluctant to OK the increased US intelligence presence and operations, Pakistani sources say.

The civilian government of President Asif Ali Zardari is teetering and could fall soon, they say, while the military – which is "always the real power base" – is "completely cynical about the United States."

And public opinion is no better. A surge of anti-Americanism greeted US congressional approval earlier this fall of a new $7.5 billion civilian aid program for Pakistan.