Anas Imtiaz

Nawaz Adliya!

// May 26th, 2009 // 2 Comments » // Pakistan

And today, the judiciary is finally independent. Yeah right! The so-called Nawaz Azaad Adliya has delivered a verdict to allow the Sharif Sr. to contest the election paving the way for his premiership, according to a change in set up which is widely being talked about. The decision was expected, ofcourse. How can the judges not favour PML-N? They had been doing so even during Mushrraf’s regime. And after what Nawaz did for them, certainly they are indebted to the bald man and give something back to him.

My question remains that isn’t Sharif the same man who has an entire city made for his family in Raiwind? I mean, come on!! Is is the money of his own business? If so, then why doesn’t any other agricultural gets his own city? And what about an attempt to sack an army chief while he was onboard, and then hastily appoint a new one causing a rift in army? How constitutional was that? Oh, and the attack on Supreme Court? An attempt to become the ammer-ul-momineen? What about the retreat from Kargil sitting in the kitchen of White House? The other industrial and financial scandals seem too small to mention here.

But right, as Saad Rafiq says, ‘hum ne tobah karli hai’

All my previous doubts about the judiciary have come back now with this decision. If the judge can be brave enough to say NO to an army chief, he (and the team) should also be brave enough to point out corruption among the ranks of politicians esp. who are highly likely to grab the powerful seat in near future.

What I am glad about is that the 17th Amendmend bars a 3rd time premiership and with PPP not interest (not yet) in giving this away right now, Nawaz is unlikely to get his dream fulfilled unless ofcourse, the azaad adliya comes in to have its say on the controversial amendment.

Until then, Shahbaz Sharif can take the place instead of brother and give it to him when the obstacles are removed.

So much for adliya ki azaadi!

So What If Sharif Brothers Are Disqualified?

// February 26th, 2009 // 9 Comments » // Pakistan, Politics

I fail to understand why a ‘popular’ person cannot be disqualified in Pakistan. Why can’t a two-time Chief Minister and a two-time Prime Minister, elected with two-third majority, be disqualified? What is the fuss about the recent decision of the Supreme Court? So, what if Nawaz Sharif has been disqualified? People should know that he was already ineligible and the court has just witheld the previous verdict. Any why not? A sitting PM, who conspired against the army chief and tries to sack him in-air, doesn’t even deserve to taste power again.

A goon from this very party stated on TV that a politician cannot be disqualified by court. He can only be rejected by the awam. Yeah, and that will never happen in feudal politics! How conveniently he managed to score a point! If the courts cannot disqualify a politician, cannot try an armyman so what the heck is it for?!

Obviously, the current decision is politically motivated but I feel this should have happened long ago. Indeed, it did. There is no place for such a man in the politics of Pakistan.

We should all thank the Almighty that the crooked court has made a landmark decision to get rid of the second most corrupt man in Pakistan (after Zardari). The only thing to lament about here is that the two stooges (Sharifs) will now get lots of media attention and will continue to speak in the emotional, cry-baby style.

I, however, believe that Shahbaz Sharif may still make a comeback in the power politics. As for the elder Sharif, the doors are closed. He will remain as the head of his party, but hold no official post.

Now, coming to the political side of it, I believe this is a very risky move by the man who inherited the country from his wife’s will. Contrary to what others think, I’ve a feeling that this move has worked nicely so far. I saw Saad Rafique saying that the Long March of lawyers will now be transformed in to Pakistan Bachao Movement. This effectively will bring PML-N in to the limelight and the lawyers will take the backseat. There may be a ‘race condition’ as to who leads the movement and what is the objective of it putting everyone in confusion. This decision is also an attempt to restrict the support from Pubjab for the Long March.

PML-N have also called for mid-term elections, again which is something not required. Any sort of election at this point in time will result in a similar result as before. PML-N will not win anything in Sindh and Baluchistan, while PPP may lose ground in Punjab.

In conclusion, my view is that Shahbaz Sharif has become a victim of political vandetta while Nawaz Sharif got what he deserved.

Is It POSSIBLE to Impeach Musharraf, Legally??

// August 7th, 2008 // 7 Comments » // Pakistan

The Constitution of Pakistan allows the elected members of the Parliament and Senate to impeach the President, but on what grounds?

Article 47(1) states:

Notwithstanding anything contained in the Constitution, the President may, in accordance with the provisions of this Article, be removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the Constitution or gross misconduct.

This is the only article declaring clearly the grounds on which the President can be removed from the office. The four factors given here are physical incapacity, mental incapacity, violation of Constitution and gross misconduct. How does this apply to Pervez Musharraf? Let’s analyse the four factors one by one.

PHYSICAL INCAPACITY
Pervez Musharraf is completely fit physically so this factor is discounted immediately.

MENTAL INCAPACITY
This doesn’t apply as well because apparently the President’s brain is working overtime these days.

VIOLATION OF CONSTITUTION
This is what most people consider to be THE most important factor that can be taken as a case against Musharraf. The extra-constitutional actions of Oct. 12 and Nov. 3 can be easily mentioned here and the case is straightforward. Is it so? Not exactly. The emergency and the coup of Oct. 12 was ratified by the Supreme Court of Pakistan (including Iftikhar Chaudhry, for the record). It is now a decision that features prominently in all the law books which the judges and lawyers refer to when making decisions in the future. An act or a set of actions which has been validated by the Supreme Court cannot be used as a case against the President. On similar grounds, the Nov. 3 actions were also validated by whatever Supreme Court that is functioning. Technically, the violation of Constitution cannot be used against the President as a reason for impeachment.

GROSS MISCONDUCT
This is a vague term and can be taken to mean a lot of things. The prominent allegations against Musharraf are the Lal Masjid Operation and those in tribal areas. Now, there was a government sitting at the time all such operations took place. It was a democratically elected government and the fact that its control was with the President is not a legal claim. So, these actions are attributed to the PM and not the President. Using gross misconduct as a reason for impeachment can easily go to the higher courts for interpretation.

Meanwhile, if the coalition still goes for an impeachment without a sound legal reason, the Supreme Court may use its right to interfere in the matters or an appeal filed by someone can cause the proceedings of the House to stop until the Supreme Court deems it right.

From a legal point of view, impeachment can be really tough. The legal experts of the political parties (if there are any) will definitely look into the matter with a magnifying glass because the repercussions of a failed attempt of impeachment can be devastating for the ruling coalition and will strengthen the President to an unimaginable extent.

Suo Motu Action Against GEO

// May 12th, 2008 // No Comments » // Pakistan

Pakistan’s most popular news channel, GEO News, tasted a bit of inherited agility from the post-emergency Supreme Court. The honorable SC summoned GEO for a hearing today (12th May) for a contempt of court notice. The next hearing is scheduled for 22nd May. The news and views on this action of court will vary and in probably the SC will be criticized by the vocal groups.

However, I do think that the new SC judges had enough. The derogatory remarks of GEO’s anchors and hosts against the LEGAL CHIEF JUSTICE supported by the cartoons and songs in support of the previous (or deposed) judges crossed the line of decency. The judges of the present SC must be comparing themselves with the emergency of October 1999. Why weren’t those judges criticized at that time? Why isn’t Iftikhar Chaudhry held liable to take oath on PCO and vote in favor if emergency and Musharraf’s referendum when he was part of the bench of the court?

Clearly, the judges are at no fault. They have done something similar as their brothers did 8 years back. And since they are spearheading the Supreme Court now, the media cannot do what it is currently doing.

The few important points raised by the court today were:

• Who is paying for the ads which run continuously in favor of the deposed judges?
• Who was the source that inaccurately claimed CJP Dogar’s meeting with Interior Secretary?

GEO has a history a making a news out of unconfirmed rumors, and then not being sorry for it. Being the most popular channel, it must hold the responsibility of accurate reporting so as not to mislead the people. The SC action may serve as an eye-opener.