- Economics and rule of law By Shahid Javed Burki
- Letters to FreePakistan
- HumorWise
- Issue of the Month: Taming the judiciary
- CSR Views & News
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Quotes of the Month:
At his best, man is the noblest of all animals; separated from law and justice he is the worst.
[Aristotle]
Left to their own devices, presidents can isolate themselves in a cocoon of sycophants, even putting protesters in "Free-Speech Zones," where their signs can't offend the liege. The regal atmosphere of the office shields presidents from necessary feedback.
[Gene Healy, “Time for Question Time?” (February 9, 2010)]
Free Pakistan, a monthly newsletter, exists for the promotion of limited government, rule of law, protection of property rights, market economy, individual freedom, and private initiative. Its vision is a free and prosperous Pakistan; for only such a Pakistan can contribute positively to the creation of a free and prosperous world.
The Newsletter is an affiliate of Alternate Solutions Institute, Lahore, Pakistan, http://asinstitute.org, the first free market think tank of Pakistan. Urdu website: http://Hum-Azad.org
The Alternate Solutions Institute is a registered, non-profit, non-political, non-governmental, educational and research organization. Its mission is to promote a limited responsible government in Pakistan under the rule of law protecting life, liberty, and property of all of its individual citizens without any discrimination.
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PHILOSOPHY OF LIBERTY
What is Philosophy of Liberty? A screensaver by Lux Lucre and Ken Schoolland explains it.
Download and install it. http://www.free-market.net/rd/321907219.html ; http://www.jonathangullible.com
By Shahid Javed Burki
The main purpose of my latest visit to Pakistan this month was to chair the fourth meeting of the task force on private-sector development set up in November 2008 at the urging of President Asif Zardari.
As chairman, I was asked to present to the government ideas on how Pakistan’s private sector could be commissioned not only to revive the economy but to set it on the path of sustainable, high-level growth. It is the government’s hope that it can institute economic and social reforms to make it possible for Pakistan to attain the sort of GDP growth that has become common in Asia.
It was on the second and final day of our deliberations that Pakistan was convulsed by another crisis that had its origin in the continuing conflict between the executive and judicial branches of the government. The private-sector members of the task force commented on this development on the sidelines of our meeting. They were unanimous in their view that one of the factors standing in the way of development of the private sector was the weak legal and judicial system. They felt that it would remain weak for as long as its role was not clearly defined. This would require our political and legal systems to come to an understanding.
For some time now development economists at institutions such as the World Bank and the Asian Development Bank (ADB) have been analysing the relationship between the efficiency of the legal system and performance of the economy. Recognising the importance of a well-functioning legal and judicial system the ADB some years ago funded a large programme for judicial reform in Pakistan. The programme has not done well since it appears that it did not have the full support of the various parts of the executive.
Development economists who have explored the relationship between law and economics have reached several conclusions. Two are worth noting. The first is that a well-functioning legal system is an important contributor to economic growth and social improvement. Those who wish to invest in an economy find comfort in a well-functioning legal system. Such a system not only has institutional mechanisms for dispute resolution, it also creates an environment of certainty that assures investors that they will not be surprised by ad hoc and whimsical decisions by the executive.
Common law that is the basis of the system in Pakistan functions by recognising precedence as equally important as formal laws. In the case of Pakistan the executive has shown considerable contempt for precedence. With frequent changes in administrations and changes in ideologies, those who operate in the field of economics have had to deal with a great deal of uncertainty. That is not good for the process of economic development.
The second conclusion reached by many development economists is that legal systems based on common law are better for economic development than those that follow fixed and unchanging codes. Examples of the latter are the Napoleonic and religious codes. The former is being followed in most of Europe and Latin America. This is one reason why the Anglo-Saxon world, as well as those parts of the world that came under its influence as a result of colonial expansion, are doing better in economic development compared to those following rigid legal systems. Common law systems provide flexibility while those based on codes are less open to accommodating change.
The changes made in the legal system by the administration of Gen Ziaul Haq have created systemic confusion. The addition of the Sharia bench has added an element of codification to the common law foundations laid down by the British during their long rule in India. However, the main issue at this point is the conflict between the executive and the judiciary on the extent of independence the latter will enjoy. This matter needs to be settled in a way that while the judiciary enjoys full autonomy in its operations, it should not encroach upon the working of the executive branch.
In a recent book, The Rule of Law, Lord Tom Bingham who held three of Britain’s great judicial offices, holds that the rule of law is the “the nearest thing we are likely to approach to a universal secular religion”. He maintains that the blessings for people who live under the rule of law can be clearer than those conferred by liberal democracy or free markets. In other words, in the three-legged systems — liberal democracy, open and competitive markets and the rule of law — that have been adopted by the more successful states around the globe adherence to the rule of law must be the strongest leg.
According to Bingham the rule of law has many elements. Among these are the accessibility of the law, equality before the law, the right to a fair and speedy trial, the legal accountability of the functionaries of state, accountability also of those who sit in judgment over other people, and the ability of the system to change as society changes and develops. It is evident that most of these elements are absent from the Pakistani legal and judicial systems as they are presently constituted. It is their absence that the ambitious programme launched by the ADB was seeking to address.
Looking at the current debate from the perspective of an economist I can only hope that some good will come out of the current confrontation between the executive and the judicial branches of government. If this leads to a clear demarcation we may see the evolution of a legal system that would create some certainty for the entrepreneurs who work in the markets and for common citizens who look to the markets to provide them with the goods and services they need at competitive prices. [Courtesy Dawn]
TOP WORLD THINK TANKS
[Abdul Qayyum Khan, Fiji]
If you go to think tank websites then you will find, ' methodology for ranking top 50 think tanks -pdf,
Here I found the name of your think tank. your think tank is bilingual (English and Urdu). This is an advantage for both readers. I can read both languages. Before this I knew only about, Institute of Policy Studies, which is run under Pr. Khurshid Ahmad.
I congratulate you for this achievement.
A BILLION RUPEES!
[Dr Irfan Zafar, Islamabad]
The other day I received my electricity bill amounting to around a billion rupees. Considering this to be some computer error, I went to the electricity bill complaint centre and pointed out this error to the customer care representative. After looking at the bill for a while, the man replied, “Pay the full amount now to avoid disconnection, we will certainly adjust the advance money deposited in the next month’s bill!” [The News]
A SUGGESTION
[Dr Irfan Zafar, Islamabad]
I have a question for President Zardari. Mr President, any thoughts now on raising a new slogan: ‘Supreme Court Khappay’? [Daily Times]
BIRDS OF A FEATHER…
[M S Hasan, Karachi]
This refers to the statement of Maulana Fazlur Rehman (February 1) that President Zardari enjoyed constitutional immunity from prosecution and that all political parties should respect his presidential status. As a civil society member, I dare say that the maulana too enjoys complete immunity from any social retribution, public disgust and loath in the court of conscience under rules governing ethical values, acceptable social norms and personal conduct of honesty, trustworthiness and morality. I appeal to the regularly befooled citizens of Pakistan to unreservedly 'respect' the supreme clerical status of the House of the JUI-F. When it comes to immunity of any sorts, Maulana Fazlur Rehman and Asif Ali Zardari are in the same league, for 'birds of a feather, flock together.'
[The News]
TIME-BARRED
[Dr Irfan Zafar, Islamabad]
The Supreme Court’s 17 judges, who have ordered the PPP government in the NRO judgement to reopen the Swiss cases, have now been informed in the updated review petition by the federation that their order to reopen the cases in Switzerland is tantamount to putting the “grave of Benazir Bhutto in Garhi Khuda Bux on trial” in addition to the trial of ailing Nusrat Bhutto and it is against all “norms of justice, decency, morality and law.” The fate of this country would have been different had we tried the ones in graves too. [Daily Times]
CAR FOR THE PM
[Dr Irfan Zafar, Islamabad]
According to the statement of assets and liabilities filed with the Election Commission of Pakistan (ECP), the honourable prime minister does not own a single car. Through the columns of your newspaper, I would like to offer my personal vehicle as a gift to the prime minister who is doing so much for the poor of the country. Ask not what your prime minister can do for you, ask what you can do for your prime minister. [The News]
BLACK SHEEP
[Dr Irfan Zafar, Islamabad]
According to a news report, a black sheep is slaughtered almost daily to ward off ‘evil eyes’ and protect the honorable President from ‘black magic’. This reminds one of the “Baa Baa Black Sheep” English Nursery Rhyme which can be modified to fit into the scheme of things here as:
Baa, baa, black sheep
Are there any left?
Yes sir, yes sir,
Three herds full.
One for the Prime Minister,
One for the Interior Minister,
And one for the lucky man, Who lives down the Presidency lane. [Pakistan Observer]
SUBSIDISING THE RICH
[Dr Irfan Zafar, Islamabad]
According to the latest survey of the Federal Board of Revenue (FBR), only 14 percent of the people living in the posh E-7 Sector of Islamabad pay taxes. For how long will the poor people of this country continue to subsidise the rich parasites? [Daily Times]
ADVISOR ON IT
[Dr Irfan Zafar, Islamabad]
Prime Minister Syed Yusuf Raza Gilani has appointed Lawyer and former Atorney General Sardar Muhammad Latif Khan Khosa as his Advisor on Information Technology. He has been given the status of a federal minister as per Cabinet Division’s notification. Does the honorable Advisor know how to use a computer? Just a thought. [Pakistan Observer]
NON-STATE ACTORS
[Dr Irfan Zafar, Islamabad]
Every other day we hear statements from our top leaders accusing ‘non-state actors’ of conspiracies and trying to destabilise the country. Ironically, the real damage to this country for the last 62 years has always been done by the ‘state actors.’ [The News]
“TANDOOR” INDUSTRY
[Dr Irfan Zafar, Islamabad]
The other day I saw a picture of the Secretary Industries inaugurating a “Tandoor” in the city. Certainly our Industry has traveled a long way to achieve this milestone. [Pakistan Observer]
Issue of the Month: Taming the judiciary
SKELETON IN THE CLOSET
[Tahir Mehmood, Rawalpindi]
A comparison is being drawn by various ‘intellectuals’ that if Zardari has a skeleton in the cupboard, so does the chief justice of Pakistan who took oath under Musharraf’s first PCO. There is a thing called redemption. The honourable chief justice of Pakistan has washed away his past mistakes by his steadfastness whereas Zardari is still playing tricks to save his assets that are alleged to be around $1.8 billion. The nation will accept him as president if he gets himself clear from the court.
[The News]
JUDGING THE JUDGES
[Col (Retd) Riaz Jafri, Rawalpindi]
The present debate on the appointment of judges of the higher courts has left me with consternation beyond my comprehension. What was all this fuss in the matter of choosing between the judges? Are the judges going to be partisan in dispensing justice? Would they favour one or the other against the rules, law or the constitution? I hate reading in papers the epithet of jiyala being used for some of the judges. Does political affiliation take precedence over the competence, integrity and character of a judge? For God’s sake, do not degrade the judges, who have to perform the sacred act of dispensing justice, to a degree that they are accused of not performing their duty judiciously and honestly. [Daily Times]
RIDICULING THE JUDICIARY
[Syed Umair Javed, Islamabad]
I can’t help but notice the shameful and extremely childish way that some politicians, especially Ayaz Amir, have recently adopted to ridicule the judiciary. Have you, Mr Amir, in your senseless fury, forgotten that it was the public, lawyers, civil society, students and the judiciary which enabled your helpless bosses to come back from their luxurious yet humiliating exile? And if, for some understandably selfish reason, you, as a politician, feel belittled by the recent years’ events, just know this: we stand proud of what happened in the past few years. We remember the time when the police baton-charged, injured and arrested us while our so-called leaders were busy begging various world capitals for a ticket back home.
We remember when our resolve succeeded in weakening the worst dictator of Pakistan’s history to the extent that he ran with his tail between his legs while the democratic forces tried to save his skin. We remember how our actions and our enlightenment forced our political leaders to finally give in to the rule of law. For us, those years truly have no less value than the events that took place in 1947. For once, as a politician and citizen of this country, grow up and accept reality. Stop living the life of The Lion, the Witch and the Wardrobe! [The News]
SMOKELESS FIRE
[Almas Haider Naqvi, Islamabad]
After Supreme Court detail judgment confrontation between executive and judiciary clearly be observed. It seems PPP government is not ready to accept or is serious to implement order of the SC for fair accountability and punishment to the criminals. Even, PM has ordered implementation on Supreme Court judgment on the floor of the house while elaborating that president is enjoying immunity under article 248 of the constitution. After declaration of NRO unconstitutional. PPP government is facing worst situation of its tenure. What are the ruling government’s options to get rid of these legal crisis. First of all on moral ground public office holders should resign and face the court proceeding. Government should consider SC order as an opportunity not as hindrance, to show the nation that they are not on the wrong side of the law and should make a difference to correct history. Supreme Court ought to establish its neutral posture which is very important for judiciary. Our history is full of prejudiced, biased and unfair decisions. Every government had been using judges for its survival. Now it is up to the political government, which may recognize invisible threat to the system or not. Rapidly increasing inflation and dramatically reducing purchasing power of a common person could be real threat. Ruling elite can not deceive the nation in the constitutional and unconstitutional debate anymore. People are looking for initiatives to solve their genuine problems they are suffering from. How can government justify price increase of petroleum products, devaluation of rupee, jump up of sugar rate, etc. [Pakistan Observer]
JUSTICE (R) RAMDAY, MY TEACHER
[Barrister Dr Ehtasham Anwar, Islamabad]
Not many people know that Justice (r) Khalil-ur-Rehman Ramday had a passion for teaching too. He used to teach every Saturday. I had the good fortune of being his student for almost a year in 2004. Justice (r) Ramday had a reputation for being a very strict judicial officer. But his attitude in classroom was altogether different. He was extremely soft and kind towards his students. He used to teach complex legal concepts in a casual and frank manner. He encouraged debate in his classroom and always listened to our criticism of the superior judiciary patiently. One day when the role of the superior judiciary in Pakistan's history was being discussed, I was particularly critical. Amidst a barrage of questions, he kept his calm and replied that the people should not expect from the superior judiciary to win a war for them which they themselves were not ready to fight (he was referring to Musharraf's takeover in 1999).
During the lawyers' movement Justice (r) Ramday kept his word. He along with a majority of his colleagues declared President Musharraf's dismissal of the chief justice unconstitutional and restored Chief Justice Chaudhry. After the imposition of emergency rule and then under the PPP government too, he remained steadfast and returned to the Supreme Court with honour. He may have retired from the court now but he would live in the hearts of his countrymen forever. [The News]
UPHOLDING CONSTITUTION
[M Mohammad, Sargodha]
Nation is daily benefited by Prime ministers’ sermons on upholding and following constitution. Does he practice it himself and makes his Governor in Punjab follow it ?The Governor openly indulges in total partisan role, openly raising party slogans, making Governor like party headquarter in a street corner, holding party meeting at state expense from day one of his appointment as Governor. Has ever Prime minister stopped him from such a conduct ultra vires of constitution? Not dissimilar is the conduct of the President ever since he assumed his presidency. Even President house and Governor House were never disgraced so disparagingly during the nine years of the shameless rule of military dictator, Gen Musharraf.
Every thing happens before the eyes of Prime Minister, daily, twenty four hours and his ‘constitutionalism’ is not impacted but only to give lollypop to nation, Sharif Brothers, PML-N on his permanent procrastination of CoD,17th amendment,58-2B,implementation of NRO viz his master, probing the infamous trillion dollars scams of PSML, PIA, Railways, Insurance companies, billions of rupees loan waivers, sugar, ata, rice, fertilizers, rental units, IPPS, etc during last two years of the tyrannical empire of PPP-Z, Mr Zardari. It is also tragic that all ‘pipalia’ jurists have also closed down their books on constitution after being condescended ‘inam-o-ikram’ by their master and only now parrot article 248 and 47. [Pakistan Observer]
ON COLLISION PATH
[M Tariq, Lahore]
This is with reference to the uncalled-for act of the president flouting the legal authority of the Supreme Court. Asif Zardari has to understand that he is not an emperor, but a man elected to serve the people and exercise his powers in accordance with the constitution. His choice of novices and cronies to act as his advisers makes things more difficult for him. It is not that the PPP has any dearth of experience, for there are men of calibre and credibility with the likes of Raza Rabbani, Afzal Sindhu, Aitzaz Ahsan, Sarwar Shah etc. But they are not to Zardari's liking. There was absolutely no need to issue this notification on February 13 without having the chief justice on board. This left no choice for their lordships but to suspend it the same day.
The PPP does not stand to gain by burning effigies of Nawaz Sharif, or abusing the chief justice on the streets of Lahore, yards away from the Governor's House, or organising such rallies in other cities, especially when the main opposition parties do not want to upset the apple cart. The president needs to understand that he must have sane advisers. The president has lost his credibility and none of his election campaign promises have been delivered. The government's lack of action to provide relief to the masses during sugar and wheat crises, the controversies surrounding Rental Power Projects and the fertilisers scam have angered the public. There are too many financial scams involving Zardari's cronies. He and his party must understand that times have changed in the presence of a pro-active electronic media and a free judiciary. The contempt shown by his cronies to the superior judiciary and the person of the chief justice on talk shows and at public places is unbecoming of a responsible government that derives its power solely from the constitution.
[The News]
MAN FROM ANOTHER WORLD
[Syed Sayef Hussain, Karachi]
I am greatly moved by the speech of the Chief Justice of Pakistan, Mr. Justice Iftikhar Muhammad Chaudhry, delivered in Judicial Academy, Lahore on Saturday 20th February, carried live by almost all news TV channels of Pakistan. The CJP appeared most convincing and most committed to his responsibilities and the responsibilities of the entire judicial setup. He did not sound like the state functionary as he is, bedecked with formalities and bureaucratic norms, but sounded like a corporate head who meant business, and who wanted to see the bottom line, the net result. He wants to deliver, and he wants all the judges from the junior level to the higher ones in his team to deliver. This is quite relieving, redeeming and reassuring! Now it is our hope and pray that, this attitude and approach of a Chief Judge does not remain an approach of a single person, rather it becomes approach of an institution.
Mr Rasul Buksh Palejo once said in a TV programme during Musharraf regime that, this man was no ordinary man; he was from another world on some grand mission not seen before. Mr. Imran Khan said after the restoration of CJP by Prime Minister Gillani, though he was a bit sidetracked in that process, that in Pakistan revolutionary changes had already set in, and now Pakistani people would see its effect within six months’ time. From the language and body language of the Chief Justice in that gathering, I can see their - and millions’ out there - foretelling, dreams and desires coming true.
What was particularly to be noticed in CJP’s speech, was his stance that, all judges from district/session courts to the Supreme Court belong to same family, and there should not be any lack of communication and interaction between them. Anybody having any idea of bureaucratic hierarchy in our government and judicial setup would understand how far-fetching and revolutionary action that is going to be! This openness, interactions and moving of ideas along the hierarchy line would surely place checks on corruption, besides increasing efficiency and objectivity. I only hope, the same openness would be talked about and deployed in all other government machineries.
[Pakistan Observer]
ON COLLISION PATH
[Murad Khan, Dubai]
The latest attempt to divide and manipulate the judiciary is yet another misadventure of the incumbent government. The present government led by a tainted personality has left no stone unturned to undermine the judiciary. Both the elevation of Justice Khwaja Sharif to the Supreme Court and the appointment of Justice Saqib Nisar as acting chief justice of the Lahore High Court were done in a dubious way. The government committed contempt of court by not obeying the Supreme Court order of 2002 wherein seniority was set aside in favour of competence and eligibility. It was held in the said judgment that the chief justice's recommendation was binding. Secondly, there is no concept of acting chief justice unless the incumbent chief justice is either on leave or unable to attend his office. The government's acts are in total violation of the constitution. [The News]
A FRIENDLY MATCH——NOBODY LOST
[Hadi Iqbal Hussain, Lahore]
I believe the CJP should not have gone to meet the PM, even though, the outcome of their meeting has been laudable for having saved a grave constitutional crisis. I think everyone who understood gravity of the situation had the fingers crossed all the time. The sterling personal qualities of Iftikhar Muhammad Chaudhry and his adherence to noble principles of justice was the only solace during those tension-ridden hours. Our expectations are no doubt high today as we see some tangible movement now towards the maturity of our expectations from judges of the Apex court. Justice is so important that it has a direct and immediate bearing on society to which it brings the blessings of Allah Almighty. A judge is required to be so noble that he should be among the first to go to paradise on the Day of Judgment. The federal government has a very poor record as far as its credibility under Asif Zardari is concerned. The only effective mouthpiece of government is the PM himself because the cabinet he heads is a bunch of liars. No one believes in anything that a PPP minister says. It is Musharraf we are seeing in another name——Asif Ali Zardari. The contribution of Yousaf Raza Gilani, Aitzaz Ahsan and Iftikhar Chaudhry is certainly commendable in finally working out an amicable settlement of the crisis in which nobody has come out a loser. Mr Zardari and his aides have been saved from punishment and have also saved their jobs. [The Nation]
ON COLLISION PATH
[Arshad Farooq Butt, Chichawatni]
On February 14 PPP workers, including the party's Punjab and Lahore presidents, burned Nawaz Shrif's effigy and ridiculed the Supreme Court's suspension of the president's order. It is unfortunate that PPP workers demonstrated against the apex court that is only defending people's basic rights. Does political affiliation makes one blind? Money stolen from Pakistan and stashed in Swiss banks is ours. It should be brought back. Let us make the country corruption-free and build a democratic Pakistan together. [The News]
BETTER LATE THAN NEVER
[Abrar Ahmed, Karachi]
When an important matter is involved, don't dilly-dally. Make up your mind to address it without any further loss of time. You must have witnessed that even a simple matter turns into a big one if it is left undecided for an indefinite period. In case, the matter is of urgent nature demanding immediate attention of those, who are on its helm of affairs, it becomes a terrible one if action is not taken on it at once whereas much period may have spent to think about it. Take the present case of the appointment of the judges. Though desperately important, it could not have procrastinated for an unlimited time. Whenever, the concerned asked about it, they would answer that nobody need be afraid of worrying about it. It is the matter of the government which is pondering over its pros and cons carefully. When it will be able to arrive at some conclusion, action will be taken accordingly.
One is at a loss to understand as to who brought pressure to bear on Prime Minister Yousuf Raza Gilani to accept all the demands of the judiciary in to-to. We know all that the rulers were not ready to view this matter seriously. Was he driven to do so of his own accord, is not understood? Sadly speaking, he was talking to defend this case in the court, no matter his government is lost because of it. But when the wrangle over this issue began to take the shape of an active volcano, it was the Prime Minister of Pakistan, who realised the gravity of the situation and changed his earlier stance. Nevertheless, the Prime Minister is worthy of praise as he has been successful in averting a potential clash that was going to occur between the two pillars of the country. May Allah forbid if it were happened, it could have resulted in massive destruction and also the beneficiaries, who were lying in wait for it could have used it to justify their another spell of authoritarian rule in the country.
It is pity that our political leaders had been washing their dirty linen in public and the establishment (military) had been taking advantage of their wrangling. It was the judiciary, which had been validating the action of overthrowing the political government. But now the judiciary does not appear to support it, no matter it has a crisis with the rulers over the issues of appointment of judges & reopening of the Swiss money laundering cases in compliance with a Supreme Court order. It is absolute truth that it would be a disservice to the democracy if we may not eulogise the efforts of the Prime Minister, which he made in breaking the impasse that was almost reached a point of no return over the issue of appointment of judges as both sides were refusing to compromise on it.
To me, accepting of the demand of the judiciary is neither the defeat of the government, nor is the victory of the judiciary. If it is seen in the right perspective of the things, we should feel no hesitation in saying that it is the victory of the right people. If today, there would have been a dictatorship in Pakistan, indeed the judiciary had been suspended similar in the way as it was done in November, 2007 by a dictator. After all, it is better late than never. Finally, I would take off my hat to the prime minister for his taking a bold step. It is hoped that he will do something for the welfare of the masses. What a pity that a period of two years is about to elapse, but nothing is being done for them by the PPP regime. For how much more time will it need to do so for the poor? Prior to it, it was Mushrraf's regime, which had made almost a hell for the poor, and now it is (which is called the people's government) is following it in all respects. [Business Recorder]
ON COLLISION COURSE
[Air-Commodore (r) Sajad Haider, Islamabad]
The president's decision to reject the recommendations of the Supreme Court chief justice is sheer idiocy. The question is not whether the Supreme Court chief justice likes a judge or not, rather it is the machinations of the president and the Punjab governor to destroy the last vestige of hope for the nation. Under normal circumstances this would have been non-controversial. But these are dangerous times for Pakistan with unpopular persons with criminal record calling the shots. The Supreme Court has opened a window of opportunity by striking down the reprehensible NRO. Now it is up to the two honourable judges, Justice Sharif Khwaja and Justice Saqib Nasir, to decline to play into the hands of a manipulative president and the Punjab governor. They did well by not accepting their promotions because these were loaded with intrigue and brinkmanship. People will have to come to the streets to ensure the rule of law which is the only way to restore Pakistan's lost sovereignty and dignity. [The News]
JUDICIARY, EXECUTIVE AND 2002 VERDICT
[Asad Siddiqui, Lahore]
I would like to draw the attention of our law minister, who happens to be an advocate of the Supreme Court, and the law secretary, who happens to be a former judge of a superior court, towards the SC’s judgment in Constitutional Petition No 1 (Supreme Court Bar Association through its President Hamid Khan versus the Federation of Pakistan) and Constitutional Petitions No 6, 7, 8, 9, 10 and 12 of 2002 dated April 10, 2002. In the above-mentioned cases, the appointment to the SC of three LHC judges, namely Justice Khalilur Rehman Ramday, Justice Mohammad Nawaz Abbasi and Justice Faqir Mohammad Khokhar, who were at number 3, 4 and 13 on the seniority list, respectively, was challenged. A five-member SC bench headed by the then Chief Justice Sheikh Riaz Ahmad examined the Judges’ Case (Al Jihad Trust Case) of 1996 and Malik Asad Ali that of 1998, setting guidelines for the elevation of a High Court judge to the Supreme Court.
In paragraph No 23 on pages 55 to 57 of the verdict, the Supreme Court says:
(i) The Chief Justice of Pakistan being the pater familia of the judiciary of the country is the best judge to ascertain and gauge the fitness and suitability of the judges working in the high courts for appointment as judge of the Supreme Court; and
(ii) Neither the principle of seniority is applicable as a mandatory rule for appointment of judges in the Supreme Court nor has the said rule attained the status of convention.
Paragraphs No 24 to 28 further elaborate the role of the CJP and the status of his recommendation, e.g. if seniority is to be considered the sole criterion, the role of Chief Justice of Pakistan stands undermined and the process of elevation of the most senior judge of the High Court to the Supreme Court would become a mechanical process. It was also held that if a lawyer or a retired judge is to be appointed judge of the Supreme Court, as our Constitution does permit this (and lately it was practised by Chief Justice Abdul Hameed Dogar under the PCO while recommending some retired judges of the Sindh High Court and Lahore High Court to the Supreme Court soon after the Nov 3, 2007 emergency), then the principle of seniority stands vitiated, and only the recommendation of the Chief Justice of Pakistan regarding fitness of the candidate will hold field. Therefore, the CJP’s recommendations are ‘almost’ binding on the head of the executive (the verdict is readily available at website www.supremecourt.gov.pk).
The law minister should study the book of statute afresh and advise the prime minister that a law on the subject has already been laid down by the SC in Judges Case of 2002 and relying merely on the 1996 case seems to be shallow. Without indulging in controversy whether it is good, the 2002 verdict has an overriding effect and it remains the law of the land as long as it is not modified by the SC itself through legislation by parliament. It appears that the minister and his secretary are misguiding the chief executive and this adventurism might lead to collision between the two pillars of the state, harming the country. If the law minister, the law secretary and the prime minister correctly understand and apply the law laid down by the Supreme Court in 2002, the constitutional chaos on our threshold can be avoided. [Dawn]
THE JUDICIAL CRISIS
[Farhad Khan, Peshawar]
The article by Senator (r) Iqbal Haider titled "The hidden agenda behind the judges' notifications" (February 16) was enlightening and informative. Iqbal Haider also once belonged to the PPP and remained a minister in Benazir Bhutto's cabinet. I am delighted to know that a former member of the PPP has the courage to expose the undemocratic elements of the party. All pro-democracy people of Pakistan appreciate and welcome his deliberations. I hope that none of the conspiracies against the judiciary will succeed and the nefarious designs of the corrupt will remain unfulfilled. [The News]
ON COLLISION COURSE
[Samreen Muzamil, Lahore]
I stand with the Supreme Court in the recent PPP-judiciary tussle. Cronies of the president have probably made him believe that he is the smartest person in Pakistan and can do any wrong in the name of 'democracy'. The apologists of the president say that his office has the right to appoint judges. But they forget that Zardari has scores of pending criminal cases against him in the courts. How can a person appoint judges of his choice in the courts and then appear before them in criminal and money-laundering cases? This is really unfortunate that a person alleged to have done massive corruption is occupying the highest office of the state, and is insisting upon meddling in the judiciary. [The News]
LIKE ANY DEFEATIST!
[Aisha, Jhelum]
The habitual defeatists love to pass the buck of their defeats, failures onto others. PP-Z also happens to act not dissimilarly. On “judges” case the buck was “advisers” whom its chairman keeps honouring with high national awards and other set of perverts too keen for photo sessions to put false feather in their caps. Why not the royal chiefs confess their filthy moves and leave than upset the judicial apple cart to save their foreign ill-gotten accounts and put the country to jeopardy. Not to forget the recent Karachi “Muharram” bloodbaths; factors who want to divide the most powerful ruling coalition-cartel of PPP-Z, MQM, ANP, MMA. What a joke? [The Frontier Post]
NO INSTITUTIONAL CONFLICT
[Sonia Zafar, Lahore]
No one can condone and approve of the NRO in his sane mind on any basis. The government did well not to defend this black law in the Supreme Court. However, the ongoing media campaign against the institutions under the cover of the NRO seems to be pregnant with political bias and vested interests. The Supreme Court has rightly declared the NRO null and void. However, a group of politicians and media persons are bent on undermining the state institutions. This is something we need to guard against. All organs of the state namely parliament, the judiciary and the executive have their constitutional mandate which should be respected in the interest of democracy. [The News]
THE ONLY QUESTION
[Shafiq Khan, Canada]
Without going to one million hypocritical questions and arguments to complicate the situation, the Supreme Court and the world agencies should ask one and the only question from the President that, “when he was married to Benazir Bhutto, what was his worth at that time and what is it todayâ€. Zardari was simply borrowing pennies in his circle all over but how did today he got $60 million or $1.5 billion accounts/worth? Bhutto family and Hakim Ali Zardari used to be agriculturists of normal nature but not industrialists and business tycoons to have made billions. On this question, Justice Iftikhar Chaudhry, Mr. Altaf Hussain and Mian Nawaz Shareef must not compromise. [The Frontier Post]
THE JUDICIAL CRISIS
[Nazeer Abro, Hyderabad]
This is with reference to the needless judicial crisis initiated by the issuance of a notification that holds no legal or moral ground. All my life I have been a loyal follower of Zulfikar Ali Bhutto. I am convinced that instead of the kangaroo court that existed under Gen Zia, if we had a credible and independent judiciary in place then, Bhutto sahib could never have been judicially murdered. It pained me to hear an elected prime minister speak in the arrogant style of a dictator on February 15 on the floor of the National Assembly threatening the judiciary. May I ask the prime minister why he spoke in a tone similar to those of military dictators Musharraf and Zia?
The people of Pakistan voted for a change, and what they have got in return is a prime minister who refuses to hold his cabinet members and cronies accountable for corruption, violation of merit and abuse of power. The sugar cartel was allowed to fleece the poor, hapless population, while the mill owners made a windfall in profits. There is an endless list of irregularities in NICL, Steel Mills, PIA, TCP, PASSCO, OGRA, PSO, State Bank and a host of other state-owned organisations. As if all this was not enough, he has now threatened to send packing the superior judiciary which reminds us of Musharraf. In the eyes of the law, all men are equal. The Supreme Court of Pakistan enjoys credibility and support today that no other institution or political party has to its credit. [The News]
WHAT NEXT
[Capt. (R) Syed Wasif, Islamabad]
The judicial crisis has been resolved according to the wishes of the judges of Supreme and High courts. It seems that the independence of judiciary has been achieved but a vast majority of people who struggled for this independence are perplexed by the new situation. Veteran Human Rights activist Aasma Jahangir and the valiant leader of struggle for independence of judiciary, former President Supreme Court Bar Association, Ali Ahmed Kurd, are among that bewildered majority. Now as the judiciary has got what it demanded of the government, saner elements of the society are feeling threatened by the newly acquired independence of judiciary. Aasma Jahangir called it "Judicial Dictatorship". The judiciary which is hearing a case of promotions in the bureaucracy seems to be spreading its wings too far. The question has arisen that would the judiciary allow the same discretionary powers to the Chief Executive of the country which it used to get the new appointments and promotions in the judiciary and thus resolved the crisis. Will this independent judiciary bring the sugar mafia to justice who violated its orders by which the sugar price was set? Will it open the Mehran Bank Scandal? Will this judiciary bring to justice all those who violated Article 6 of the constitution? The perception is fast spreading that this independence was got only as another tool of "get Zardari and PPP campaign". No one wishes a sad end to the independence of judiciary. The next step for judiciary should be to show its impartiality otherwise this unbridled independence will achieve nothing but anarchy and chaos. [The Frontier Post]
THE JUDICIAL CRISIS
[Aurangzeb, Swat]
When I was Balochistan governor, one day in early 1999 the then-law secretary, Fazlur Rahman, told me that I had hardly any powers as governor, but the one I did have was the appointment of judges. A chief justice had to be appointed since the old one had retired. I showed total ignorance on the matter and asked the secretary for advice. He refused and said that the matter was in my hands. I said very well, show me the seniority list. Since I respect seniority, I appointed Justice Iftikhar Chaudhry as BHC chief justice who was the senior most judge. I do not think I made any mistake. [The News]
THE JUDICIAL CRISIS
[Nasir K, Peshawar]
It seems that the PPP government is bent on subjugating the judiciary with the prime minister issuing shocking and controversial statements in the National Assembly, the latest being the one issued on February 16. The PPP cannot force its interpretation of the Constitution on the judiciary and deny the people their right to hold their elected representatives accountable. Parliament legislates and can amend the Constitution, but its interpretation is the sole prerogative of the judiciary. This is a universal and well-established tradition.
Judges are not appointed on the recommendation of the president only. The consultation with the chief justice is mandatory and his advice holds primacy. Is this the start of a drive to block the process of accountability by stuffing the courts with jiyala judges? The present judiciary has proven its mettle and shown its resolve and commitment by standing up to a military dictator when all others were cutting deals with him. It is ironic that the PPP prime minister has accepted the subversion of the Constitution by Musharraf and given legitimacy to his unconstitutional step of November 3, 2007. Why did he and his party wait for almost two years to express their viewpoint? Please don't make a mockery of our fragile democracy, the Constitution and the Supreme Court of Pakistan. [The News]
WHY IS HE SO RELUCTANT?
[Abrar Ahmed, Karachi]
It is our misfortune that we are born in a country where the rulers do not feel any trouble in their conscience when they work against the law of the land. Despite all this, they claim that they are law-abiding people and have high regard for the law. Until they remain in power, they do not work for the supremacy of the law, but rather they only make lip-service in this regard. Had they obeyed the law in real terms and behaved sensibly, indeed dictators would not have come in Pakistan again and again. Regrettably, whenever a chance came by the hands of the Pakistanis to make the law supreme in the country, it is the political leaders who put every spoke in its wheel and do not catch time by the forelock. Here, I do not want to go into the details as we know all what they have been doing to foil the movement/effort that was made in the past to establish the hegemony of the law in Pakistan.
Since the verdict has been announced, the majority of Pakistanis became happy. They were of the view that those, who made money illegally, would be given exemplary punishment so that others could not dare involve in filthy activities and also to those, who did nothing and had been involved wittingly in corruption or other cases would be declared innocent and deterrent punishment given to those who made false cases. Though two months are about to elapse, hardly any serious effort has been made on the part of the concerned to implement the full court decision of the Supreme Court in letter and spirit. If these cases could not be decided in 8 to 10 years, the reason thereof besides others is the Pakistan's ruling and elite class. We know that our judicial system is not free of influence, revenge, or threat. The failure to produce witnesses in the courts is also a major stumbling-block in dispensation of the justice in Pakistan. Witnesses feel quite unsafe as law does not provide them any practical protection. Therefore, much delay occurs in deciding the court cases, including the aforesaid reasons.
Viewed in this background, it is wrong to say that the charges levelled against the persons whom the benefit of NRO was given were baseless. In this connection, it is stated that thousands of cases are lying pending in various courts of Pakistan for decades. Should we consider that these cases are bogus? If so, why not the benefit of NRO was/is given to those who are lying in jails for years? When someone casts an eye on his surroundings, he finds that their personalities are usually subservient to the law, while in Pakistan, the boot is on the other leg. Here, the law of the land has become a bondwoman of the big. The law looks them good when it works for them. When it starts bringing them to book, in return, for their wrongful acts; it begins to look them bad like a thorn in their eyes.
The same mentality has had the present rulers. When the then Chief Justice was pronouncing judgements in favour of the present regime, its stalwarts were praising these decisions and advising their rivals to accept them tacitly. What wrong has now happened to them? Why are they thinking to make a head-on collision with the courts? What a duplicity it is! Let us see what our Holy Prophet (peace be upon him) said in this regard. He said like this: the earlier nations were destroyed as they were in the habit of catching the poor when they had committed crimes and left the big. He forbade his followers not to do that; otherwise their end would be similar to them. He further opined: if Fatima is found stealing, she cannot be saved from the punishment no matter she is my daughter.
Both big and small are equal in the eyes of the law. Therefore, efforts should be made to treat them alike when justice has to dispense with. If we did wrong, we must not try to cleverly escape from the law. What will others say when we are not ready even to accept the supremacy of the law? When the Supreme Court had ordered to take actions against the beneficiaries of the NRO, why is the Prime Minister of Pakistan so reluctant in implementing its orders in letter and spirit? Being the chief executive of Pakistan, it is not only his bounden duty to obey the law himself but also make others bind to act on it no matter it may be displeasing to his party men. [Business Recorder]
THE JUDICIAL CRISIS
[Ali Malik Tariq, Lahore]
The government must send a clear message to its functionaries and nominees that they must respect the judiciary and ensure that its decisions are implemented in letter and spirit. Judges must speak through their judgement and not seen to be taking sides. Chief Justice Chaudhry has stood the test of times. As long as the judiciary is independent, democracy will survive. This message must go down the line so that nobody dares commit contempt of court. It would be better if the elected government sought saner and better legal advice before issuing the illegal notice of judges' appointment.
[The News]
ANTI-JUDICIARY CAMPAIGN
[Muhammad Amir Khan, Karachi]
One may not completely agree with the decision of the chief justice to meet the prime minister, but it does not mean that he did something unconstitutional or accepted any unjust demands of the government. I think it was the fault of the government that created such a situation where the chief justice had to meet the prime minister to diffuse the tension. Some people are trying to use this meeting to malign the chief justice and the judiciary, which was exactly the aim of those who created this situation in the first place. Those corrupt people who are being held accountable by the judiciary want to malign the chief justice. Almost every person agrees that the chief justice’s decision on the appointment of judges was right. Had the government agreed to it earlier the crisis wouldn’t have developed to that extent.
I don’t think the chief justice or other judges will ever compromise on justice. In the coming days their decisions and actions will show the real picture. Cases of corruption, especially Swiss cases, are going to be opened soon. So we should expect further conspiracies by the corrupt rulers against the judiciary. But justice will prevail and the nation will support the brave judiciary in all difficult times. [The News]
ENGRO RANKED LEADING CSR COMPANY
Engro Corporation Ltd has been ranked Pakistan’s leading company for Corporate Social Responsibility (CSR) in the first Asian Sustainability Rating (ASR). The ASR ranks 200 of the largest listed companies in 10 countries across Asia, on the basis of transparency and disclosure of their CSR policies and practices, said an Engro press statement issued in Karachi on February 2. Besides, the corporation has also achieved the distinction of being the only Pakistani company included in ASR’s top 50 Asian companies, the statement added. The initiative has been launched by CSR Asia, a provider of information, training, research and consultancy services on sustainable business practices in Asia. The rating examines companies on their performance in areas of governance and policy, CSR strategy and communication, marketplace and supply chain, workplace and people, environment and community development. Engro is committed to contributing one per cent profit before tax to the social investment. [The News]
MAJOR CSR INITIATIVES TAKEN IN LAST TWO YEARS
Last two years have been very eventful in terms of Corporate Social Responsibility (CSR) initiatives in Pakistan, especially 2009 which saw some landmark CSR activities. Local and multinational companies played key role during previous years in areas like health, education, women empowerment, hygiene, environment, community development, poverty alleviation and child labour. According to a study conducted by The News, multinational companies, especially the communications industry, contributed a lot at the time of natural disasters like earthquake as well as displacement of people due to conflict with militants in northern parts of the country. Leading mobile phone operator Mobilink last year set up a camp in collaboration with the government’s Emergency Response Unit for internally-displaced persons (IDPs) in Kund near Nowshera to accommodate 1,000 families for a period of two months.
During this rehabilitation exercise, the company committed more than Rs81 million for coping with mass-scale displacement of four million people from Swat. The company in partnership with UNESCO also developed a distanced literacy programme, through which female learners in deprived areas received daily post-learning material in the form of SMS to enhance and retain their literacy skills. P&G Pakistan also started and continued development programmes both at corporate and brand levels. The company helped improve lives of around five million people in 2009. P&G worked with its partners — HOPE, READ Foundation and Pakistan Medical Association — for providing assistance and relief for the IDPs. The company through its PUR water purifier donation provided 25 million litres of safe drinking water for the IDPs. Overall, the company contributed almost Rs30 million during 2009 to tackle the humanitarian crisis.
Warid employees contributed more than Rs20 million for support and rehabilitation of Balochistan’s earthquake victims in 2008 and also helped in providing relief for the IDPs during the army operation in turbulent areas. The company also deployed mobile PCOs in affected areas to support people. Donations were also collected for the IDPs by introducing special short codes. The company joined hands with Rotary Foundation in the national polio immunisation drive by immunising 35 million children. Ufone helped set up a flower market to create jobs for those who did not have means to start business to earn a respectable income. A sports facility in Islamabad was opened to provide round-the-clock place for sports like football, tennis and basketball.
Ufone also undertook a child healthcare initiative, under which hospitals were being revamped through furniture, equipment, human resource and finance. To reach out and help those in need, Ufone’s first child healthcare initiative was the uplift of Policlinic. At present, the cellphone operator is looking to build the first of its kind Thalassaemia Hospital in Vehari where a number of people have been diagnosed with Thalassaemia who have to travel long distance for treatment. The company donated handsome funds for the IDPs and gave scholarships to deserving students under the programme UScholar. UScholar picked students who got top positions in universities but were finding it difficult to pay their fee. Telenor also contributed to CSR activities during the last one year or so. The company started Khuddar Pakistan initiative for people with disabilities. In emergency relief, the company was involved in earthquake response and rehabilitation work and also provided relief goods and food items for 700 people in Regi and Hassan Garhi near Peshawar during 2008 flood.
For IDP support, the company donated Rs19 million to the Pakistan Red Crescent Society (PRCS). This included Rs1.7 million donated voluntarily by employees. The PRCS provided relief services for about 120,000 IDPs at eight purpose-built camps. Last year’s outstanding CSR initiatives have set high benchmarks for leading socially responsible companies as well as for other companies.
[The News]
Edited and prepared by
Khalil Ahmad
[FreePakistan Newsletter, among other things, is a compilation of views and news taken from the national newspapers’ print and online editions. It is not possible to mention the source of every piece of news or view made use of herein; but as a matter of policy, where possible the source is mentioned with due thanks. However, no opinion expressed here should necessarily be taken as reflecting the view of Free Pakistan Newsletter.]
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