Sei sulla pagina 1di 1346

THE

CRUSADES
OF

21ST CENTURY

BY RIAZ AMIN
Vol-XIV

CONTENTS
END GAME .4
WAR WITHIN 9
IN THE REGION ..37
WAR WITHIN-II ..64
IN THE REGION-II .97
AROUND GLOBE131
WAR WITHIN-III....159
IN THE REGION-III185
WAR WITHIN-IV....221
IN THE REGION-IV247
IN THE REGION-V .281
WAR WITHIN-V .313
AROUND GLOBE-II344
WAR WITHIN-VI.379
WAR WITHIN-VII ..411
WAR WITHIN-VIII.442
IN THE REGION-VI....466
OBL REMEMBERED .512
AROUND GLOBE III...530
WAR WITHIN-IX 554
WAR WITHIN-X..585
IN THE REGION-VII..613
WAR WITHIN-XI 658
IN THE REGION-VIII 698
AROUND GLOBE IV730
WAR WITHIN-XII ..764
IN THE REGION-IX808
WAR WITHIN-XIII 834
AROUND GLOBE-V ...886

WAR WITHIN-XIV .915


IN THE REGION-X1002
NOTE1045
LAMBS LINED UP.1046
AROUND GLOBE-VI1103
DON, DEN AND DEADLINE ...1131
TWO BILLS1170
IN THE REGION-XI .1201
AROUND GLOBE-VII ..1259
RIDING HIGH1292
IN THE REGION-XII1323

END GAME
Analysts say that the primary aim of ongoing Crusades is the
subjugation, direct or indirect, of Islamic World by defeating all forces, state
or non-state that has the desire to defy the hegemonic designs of the
Whiteman of the West, who claims to be follower of the Christ, the Holy
Prophet that preached forgiveness by the humanity, for the humanity. For the
complete and comprehensive achievement of this aim, it has been split into
three major goals of de-militarization, de-nuclearization and de-Islamization
of Muslim states and societies.
The strategy applied for de-militarization comprises imposition of
restrictions on sale of lethal weapons to rogue Islamic countries, banning
transfer of military technology and promoting dissentions in rank and files
of the targeted military. Wherein the armed forces of a country are wellequipped, organized, trained and have partial capability to produce military
hardware these must be destroyed with optimum and indiscriminate use of
military means by perpetrating widespread death and destruction.
As far as possible, military assault should come after inflicting
significant attrition on the targeted armed forces, either through the ploy of
imposing UN sanctioned no-fly zone as it happened in Iraq and recently in
Libya, or tempt and encourage desertions in armed forces as it has happened
in Libya and now happening in Syria, or seduce them to be allies of the holy
warriors and then keep pressing them to do more as it has and continues to
be the case with Pakistan.
For justification of do more demands the adversaries of the ally, the
so-called terror groups, are sponsored, funded, armed and trained by the
strategic partners of the Crusaders. In Pakistan, this task is assigned to
India and now in Syria it is performed by its Arab Brethren. The aim in
either case is to cause as much attrition as possible on the respective security
forces before taking them on.
The strategy for de-nuclearization of Islamic countries is based on
projection of Islam as a religion that promotes militancy. It is done through
misinterpretation of Islams concept of Jihad to equate it with terrorism,
which quite astonishingly, has been acknowledged as such more by the
rulers in Islamic countries than followers of other religions around the globe.
Once this argument is accepted the nuclear weapons in Islamic states
become threat to the peace of international community, thus these countries
must be de-nuclearized. To that end the country that possesses nuclear
4

weapons must be destabilized and even fragmented to strengthen the


justification for its de-nuclearization.
Others, which desire to acquire nuclear technology, must be deterred
through coercion as was done in case of Libya and those like Iran, which
tries to resist must be forced to abandon the idea through imposition of
stringent economic sanctions. In general, the overall strategy is being
applied quite effectively.
The strategy for achieving the goal of de-Islamization also revolves
around misinterpretation of Islamic teachings. Islam is blamed for preaching
militancy and its concept of Jihad has been misinterpreted and propagated to
prove this allegation; hence Muslims lack the ability to co-exist with other
people peacefully.
Islams image is blurred by mixing the cultural customs prevalent in
various regions with the religion. Stringent punishments prescribed by
Islamic Sharia are dubbed as inhumane and cruel. Islam is blamed for gender
discrimination and voices for womens rights are raised through media and
NGOs.
There are innumerable instances of mixing customs and traditions
with teachings of Islam. Quoting all those would make the discourse
unwieldy, but one that happened recently is mentioned briefly. Ms Chenoy
was awarded Oscar for making a documentary film about a woman, who had
been burnt by acid thrown at her face. Zardari wasted no time in awarding
her the top civil award.
There is no doubt that the lady did a commendable work and both the
awards are too meager for truly appreciating her noble intentions. But the
doctor who performed surgery labouring for hours day after day, perhaps
should have been the first to draw the attention of Oscar Academy and
Zardari Presidency.
Why such a pronounced discrimination? The reason is that what
doctor did may be a much nobler deed, but he carried out all his humane
work behind closed door and what Sharmeen did could be seen by entire
world. Her production Saving Face, notwithstanding the intention of the
producer, could be used to defame the religion of Islam. It comes from
Islamic lands, from a country called Islamic Republic; so what, if it is not
even a local custom or tradition?
Throwing acid is form of taking revenge, which is absolutely of no
significance in comparison to the revenge exacted through use of incendiary
5

bombs that leave no remains of the victim even to draw satisfaction by


performing ritual of a burial. To be more discreet it may be said that both
cases are not even revenge, but part of waves of committing crime, former in
peace time and the latter in war.
Crimes do spread like epidemics; snatching of mobile phone sets is
common in Karachi now-a-day and pick-pocketing was in London in Middle
Ages. Who cares to know if it has anything to do with Islamic teachings, or
not? It presents an opportunity in the tragedy to Deface Islam and its
believers, that too without creating an impression as such.
Coming back to the point, having convinced a reasonable segment of
a society, mostly belonging to the ruling elite, the governments are pressed
not to frame laws based on Shariah and repeal those which have been
enacted. The rulers are seduced or even coerced to discourage religious
teachings and if inescapable it has to be selective; no wholesome
embracing of Islam.
Muslims in the civilized world must remain invisible; their presence
should not be felt and for that they must dress up like the natives and even
design their mosques according to the wishes of the civilized people. They
must give up practicing part of their religion for the sake of cultural merging
with the society they live in.
For achievement of all the above three goals retarding of economic
development can facilitate to great extent; hence means must be used for
hampering economic development of Muslim World as a whole. To this end,
its natural resources must be grabbed through multi-national companies;
invasions and occupation of these countries should precede, if so required.
Weak economies lead to the fragmentation of the societies, which in
turn result in destabilization and thus contributing towards achieving
subjugation of Muslim countries. Where possible the borders of Islamic
countries must be redrawn for further fragmentation of the Islamic World as
has been done in Indonesia and Sudan. The purpose of such redrawing of
borders is not the peace but weakening the country so divided and the
weakness is antithesis to stability.
In the light of the foregoing Pakistan, one of the three most populous
Islamic countries qualifies as the Number One target of the Crusaders.
Pakistan has the largest standing armed forces in the Muslim World, which
are fairly well trained and equipped; it is the only Islamic country that
possesses nuclear arsenal; it has come into being in the name of Islam and it

has extensive infrastructure for imparting religious education that is


exclusively funded through charity.
Here one is reminded the words once uttered by Musharraf: Pakistan
First. Pakistan was indeed first on the target list of the Crusades waged in
the wake of 9/11 attacks, somehow Musharraf succeeded temporarily in
altering the priorities in the target list. But, as per unstated list Pakistan
remained on the top; though Musharraf thought that he had out-smarted the
Crusaders by agreeing to do whatever they wanted.
It suited them more under the principle of economy of effort and
piece-meal annihilation of the adversaries. They gleefully embraced
Musharraf as their ally to guide Pakistan to sadistic occupation of selfinflicted pain. Ten years on the armed forces of Pakistan have suffered big
losses in terms of men and material and nation as a whole endured lot of
pain.
In short, it can be safely said that the war on Pakistan was waged soon
after the invasion of Afghanistan; its escalation into Pakistan was natural but
it was doubly ensured by letting the al-Qaeda and Taliban fighters to cross
over the Durand Line. Today the Army that excelled in exuberance and
motivation now appears to be afflicted by fatigue and loss of purpose;
machine-like indulgence in killing has served and continues to serve no
purpose. The nation under coerced and intimidated rulers is at complete loss,
not sure of what to do.
They now talk of end-game, on which the Pakistani experts and
analysts tend to restrict their discussions to Afghanistan only; the Crusaders
end-game however encompasses much more than the rugged wasteland
called the round-about of the world. Only an ignorant fool would believe
that when Crusaders talk of the end-game they do not have Syria, Iran and
Pakistan included in their calculus.
As the holy game is moving towards its unholy end, the need is felt
in altering the format of covering the events which has been followed since
fairly long. The new format will be transformed gradually and finally it is
likely to end up somewhat similar to that which was followed more than ten
years ago soon after the start of the Crusades.
The events will be sifted into three different sets as has been done at
present, but with slight variation; three sets will be war for destabilization of
Pakistan from within, war in the region and the war around globe for
achieving the aim mentioned above. First category will include all events
except the operations by and against al-Qaeda and Taliban in Pakistan.
7

Second category will relate to the region called Af-Pak to which Iran
will be added. Previously only India was included being a strategic partner
of the US. The logic behind including Iran herein will be briefly explained in
the first article of this category. Third category will pertain to the war
elsewhere around the globe less, of course, the re-demarcated Af-Pak region.
20th March, 2012

WAR WITHIN
The war within encompasses everything that aims at de-stabilizing
Pakistan, less of course operations against al-Qaeda and Taliban. The
outlook of such events is of two types. Type One includes non-violent events
related primarily to maintenance of status quo that suits the Crusaders and
their puppets. Type Two comprises incidents of visible violence and
militancy which prima facie are not related to the war on terror, but are
definitely encouraged, funded and supported from outside.
The de-stabilization is progressing as per the conceived designs.
What Pakistan needs for its survival is the change, a change that not only
breaks the status quo, but also promises reversal of most of the things that
are happening at this point of time. Only such a change can help Pakistan in
getting out of the quagmire into which it is sinking rapidly.
The Crusaders who had manoeuvered regime change in Pakistan
through a deal and ploy of democracy would like to resist such a change and
Zardari regime and its partners would go to any extent to help their mentors.
To preserve and perpetuate Zardari rule its political opponents, judiciary and
more importantly, the military have to be kept in check.
Zardari has excelled in power politics by rendering all its political
opponents ineffective one way or the other. Judiciary has been incapacitated
not only through defiance of its verdicts but also by ridiculing it. Military
too has been defanged by forcing it to fight an ever-escalating unwinnable
war with no end in sight.
In addition, with a view to taming military its image has been
tarnished with frequent mention of its past misdeeds. Militarys failures in
Abbottabad, Mehran Base and Salala Post have made the task of defaming it
easier. The cases of missing persons too have not helped in mustering any
public goodwill, for which military can blame no one. Resumption of
hearing of Mehrangate scandal has added icing on the cake. Defamation,
ridicule and demonization pave the way to cutting military to the size.
With political opponents and military generals having been taken care
of, the ruling coalition, most of them professing to be secular, faces a
possible threat from religious parties. Their sect-based division, however,
hampers them posing any immediate threat, yet even a remote possibility of
its materialization has to be preempted. To that end, their unity various sects
as well as propagation of Islam has to be discouraged.

This coincides with the Crusaders goal of de-Islamization as they


have rightly identified it as the key to de-stabilizing a country that has come
into being on the basis of religion. Islam is the glue that has bound various
nationalities inhabiting various parts of Pakistan. Once this glue is taken out
pieces will start falling apart.
Emphasis on de-Islamization is because it guarantees instability of
Pakistan, which is closely linked to two other goals of the Crusaders, i.e. demilitarization and de-nuclearization. Many other factors also contribute
towards instability, e.g. misgovernance, financial corruption, misuse of
authority, obstructed accountability, defiance of the rule of law, institutional
rifts/confrontations, provincial disharmony, economic recession and
disparity and so on.
In view of the foregoing, the layout of articles of this Set is changed.
The events covered in paragraph NEWS will be mentioned under various
sub-headings as enumerated below; out of these comments on some will be
reproduced in paragraph VIEWS. The possible sub-headings will be:
Power politics: The existing power setup is managed by Zardari
under benevolent guidance of the US. All the members of ruling coalition
are experienced players of card games, i.e. Sindh Card, Pashtoonistan Card
and Jinnahpur Card. PML-Q is the newest member of Card Club after
benefitting from NICL case which was like using NTM or Visa Card for
instant drawing of cash.
Hither-to-fore, politics have been all about family aggrandizement; a
short-cut to acquire status, authority and wealth if one has resources to
invest. Therefore, all politicians, irrespective of their party slogans, would
like to maintain status quo, especially those in power. In other words, they
would like to save and preserve the system, as some of them want it keep
going.
Zardari has ably thwarted all possible threats emanating from Punjab,
Army and religious parties, which he and his mentors would like to
maintain. Of late, however, there has been simmering desire for change in
the silent majority (the sleeping beauty); therefore, in future there could be
a fierce contest between forces of status quo and forces of the change.
Rule of law: Establishment of rule of law is the primary duty of any
government worth its name, but this cant be priority of a government run by
the Scoundrel and his deputy, the Saint. In the absence of rule of law most
political parties, even some of those with religious inclination, patronize
gangs of out-laws and look after them like their in-laws.
10

That blatant disrespect for the rule of law at the highest level has
trickled downward. The people tend to take law into their hands when they
catch a criminal red-handed, ironically perceiving to be dispensing on the
spot justice. This is not common with ordinary citizens; men well-versed
with letters of law too mishandle police officials and judges even when they
are on duty.
Defiance of judiciary: For any Executive that thrives on plunder of
resources, misuse of authority and favouritism at the cost of merit has to
detest the rule of law. It must undermine all setups meant for accountability,
especially the judiciary that tends to be independent and neutral, irrespective
of what the Constitution says. It is for this reason that Zardari and his party
men disdainfully defy orders of the Apex Court and even ridicule them in
public.
Taming the military: Politicians of all hues in Pakistan consider
Pakistan Army as their enemy number one; because Generals have
frequently disrupted democratic dispensation and denied politicians the
honour of serving their people. They do not want the boots to stage yet
another thumping comeback.
Though in every military coup the politicians not in the government
had urged the Generals on, yet only the men in uniform are blamed for all
that has gone wrong in last six decades. Generals serve as ready-made
scapegoat for all the failings of politicians, but now the latter want an end to
this revolving door entry and exit as Generals tend to stay in for too long.
Not only that, politicians want Generals must accept the supremacy of
elected rulers for good and stop even interfering on issue to issue policy
matters. On this count, the judiciary and media are standing with politicians.
They all want the military tamed and the method chosen for taming the
untamed is ridicule. This also fits in the scheme of de-militarization.
Recessing economy: War on terror has been the major contributory
factor in turning the wheel of economy backward. It is true that the mistake
of joining the war was committed by Musharraf, but Zardari has not returned
to end this ugly war; he is here under contract to deliver more than
Musharraf and he has. Some other contributory factors are: plunder,
favourtism over merit, incompetence, poor implementation of plans,
inadequate energy resources, law and order situation and unjust distribution
of wealth.
Provincial disharmony: Leader-to-leader (not people-to-people)
provincial disharmony has always been a problem in Pakistan. The reason
11

behind has been the lust of politicians to secure more and more resources for
respective provinces, not for the good of people but to benefit the rulers; all
sought in the name of provincial autonomy.
The present democratic setup boasts of being bountiful in dispensing
plenty of autonomy through 18th Constitutional Amendment. This show of
generosity in the name of de-centralization has sown new seeds of
disharmony. Three provinces have exacted democratic revenge from Punjab
by granting the right to first use of natural resources to the province that
produces.
PML-N led by Nawaz Sharif failed to see its negative fallout blinded
by his eyes fixed on his third term as prime minister. The result is that gas
and electricity load shedding has devastated Punjabs industrial sector and
also adversely affected the agriculture. This dispensation of autonomy,
which has targeted more than 60 percent of Pakistan, has in no way
enhanced solidarity of the federation.
Ideological subversion: In case of Pakistan ideological subversion
and de-Islamization is one and the same thing. De-Islamization undermines
the foundation of Pakistan Ideology. For achieving this goal the secular
political forces have been manoeuvered to occupy the corridors of power in
Islamabad using the vehicle of democracy. They are doing fine job under the
cover of promoting secularism and often dubbing the founder of Pakistan as
a secular.
It is obvious that no government can ban preaching, teaching and
practicing Islam altogether. De-Islamization, therefore, has to be selective
and based on some concocted pretext. The concoctions began soon after the
start of the ongoing Crusades. Islam has been blamed on various counts out
of which three are mentioned herein even at the risk of repetition.
One, Islam preaches militancy and its concept of Jihad has been
misinterpreted and propagated to prove this allegation; hence Muslims are
blamed for lacking the ability to co-exist with other people peacefully. Two,
Islam promotes gender discrimination and in that all that has been prescribed
to enhance the respect and dignity of women has been dubbed as
discrimination out which observance of hijab is the main target of the critics.
Three, Islamic Shariah prescribes harsh (cruel) punishments for various
offences and thus it has not been in step with humanity that has advanced
and progressed by leaps and bounds.
Based on the above the Crusaders, who happen to be main donors to
successive governments in Pakistan, demanded certain actions soon after
12

waging their holy war. They wanted all privately run madressas closed or
brought under government control. They want removal of all verses of
Quran and Hadiths related to Jihad removed from the syllabi of governmentrun education institutions; discouragement of use of hijab; and no
promulgation of criminal laws based on Islamic Sharia and repealing those
which have been already imposed.
These ideas were partially accepted by Musharraf and the brave
commando had initiated certain steps and Zardari regime has been installed
with the undertaking of delivering more. Zardaris PPP and his secular
coalition partners have been and continue to deliver on all counts.
Baloch militancy: The militancy in Balochistan is the most misread,
misperceived and ill-presented of all the natural and man-made catastrophes
that have fallen upon Pakistan in last decade or so. It is an organized crime
or terror perpetrated by some disgruntled nawabs and sardars having lust for
money and power and they are now supported and funded by Pakistans
established enemies and allies. Most unfortunately, this barbarity is given
holy look by its perpetrators and condoned by politicians and favourably
presented by the media.
Those who have denied the rights to common Baloch people for
centuries now claim to be fighting for their rights and media wizards tend to
present it as insurgency and some prefer even nobler term of freedom
movement. In fact, this is the worst kind of terror perpetrated by sardars
which are responsible for deplorable plight of their people and the blame is
shifted on to Punjabis. Ordinary Punjabi, who is being slaughtered randomly,
has done no harm to any Baloch.
Turf war in Karachi: The mega city of Karachi is virtually oneeighth of Pakistan population-wise and much more in economic terms.
Whoever controls Karachi can dictate terms to the rulers sitting in
Islamabad. It is this urge for controlling the port city that has led to
mushroom growth of various types of mafias; extortion mafia, land mafia,
gun-running mafia, drug mafia and the targeted-killing mafia; think of any
crime and then add the word mafia to it. All these mafias enjoy patronization
of one political party or the other; the result is the mess into which this city
has been turned by their turf war.
Sectarian militancy: This is a chronic ailment which has been
aggravating with the passage of time. This poses gravest threat to national
harmony and successive governments have left the matter of Islamic

13

teachings to belligerent religious leaders. Their belligerence is hired through


foreign funding; funds have been accepted even from the US.

NEWS
Power politics: On 17th March, amid worst uproar, President Zardari
Saturday that the government has successfully met enormous
challenges established rule of law and assured supremacy of the Parliament.
Opposition members marred presidents record fifth address to joint session
of the Parliament, raising slogans Loot Maar band karo (Stop looting) and
Aazadi, Aazadi (Freedom from corruption). However with clipping voice,
the President continued his speech narrating achievements of his regime.
Next day, Nawaz Sharif expressed the hope that General Kayani will
make sure the new ISI chief General Zaheerul Islam keeps his hands off the
political affairs. He addressed a press conference here in London and alleged
that PPP government was busy currying favour with the establishment in a
grand conspiracy to stay in power and weaken the democratic process. He
resolved that no matter what the temptations his party will never become
part of the conspiracies hatched by the secret agencies to manage politics.
The PTI old guards have forced Imran Khan to abandon bringing
interim party organization. They have also led the party to intra-party polls
in an effort to dispel the public impression that the PTI has become another
traditional political party. The plan to bring an interim setup was aimed at
accommodating those political figures who have joined the PTI after
October 30 public moot, apparently to make peace between the founding
members (the old guards) and traditional politicians (new entrants) over the
issue of grabbing various party positions.
They also told Imran that a feeling among the party supporters was
growing stronger that the party had been hijacked by the traditional political
faces who havent rendered a single sacrifice for it, while the mentioned
political figures were fast becoming a steering force of the PTI instead of
those who founded the party and remained with it through thick and thin.
Taking the argument further, they told the party chief that PTI should
it was vital for the party to establish its democratic credentials keeping in
view the possibilities of general elections this year by holding the intra-party
polls instead of making nominations to party offices through an interim party
organization. They added that the party workers themselves should be
allowed to choose their leaders at the union, tehsil, district and province
14

level and that only the elected leaders should have the right to hold any party
office.
While the traditional political lot in the PTI, to counter this move by
the old guard, have started separate campaigns to form their groups within
the party to muster support for grabbing the party positions during the intraparty polls, which the PTI chief has said would take place after the
completion of membership drive to be kick-started in the last week of this
month and expected to conclude in next two months.
On 21st March, The Supreme Court dismissed the ECP application for
extension in timeframe for preparation of electoral rolls. The ECP had filed
the application that it was not possible for the Commission to meet the given
regarding preparation of voter lists. On July 4, 2011 the Secretary ECP
himself had given commitment regarding updating the electoral rolls.
The court said that when the Commission failed to meet the deadline
they approached the court, while they should have filed this application
earlier. Chief Justice said what would people have expectations from the
ECP, which does not obey the orders of the Supreme Court. He said that
application of mind and sincerity is lacking everywhere.
Next day, PTI demanded an autonomous Election Commission,
unbiased caretaker government and genuine voter lists for holding free, fair
and transparent elections in the country. Political parties outside the
parliament should be taken into confidence on the appointment of new Chief
Election Commissioner for five years and the Commissions members for
three years. The CEC and the members should not be removed from their
offices by the President or Prime Minister.
Rule of law: On 19th March, Anti Terrorism Court sent Mian Aslam
Midhiana, former PPP lawmaker, to jail on judicial remand after he was
declared by police a key accused in teacher torture case. The ex PPP
legislator had broken legs of a school teacher who had been raising voice
against Midhiana for his alleged crimes.
Defiance of judiciary: On 16th March, Prime Minister Gilani with
reference pending contempt of court case said he was not afraid of anybody;
as, had he been so, he would not have entered politics. Next day, the
disqualified candidate for Sindh Waheeda Shah termed the ECP's decision to
hold by-poll in the said constituency as 'unlawful' on account of a pending
case on the matter. Anti-Terrorism Court extended police custody of former
MPA of PPP, Aslam Madhiana, for five more days in teacher torture case.

15

Madhiana denies the charges, saying he does not even know Nafees Khan
therefore torturing him is out of question.
On 18th March, a day ahead of next hearing on contempt case against
him, Prime Minister Gilani said that the matter of immunity to the president
should be referred to the Parliament, which, according to him, was the
appropriate constitutional forum to settle the issue. Much like the issue of
judges appointment which was finally resolved by the Parliament, the issue
of presidential immunity should also be referred to it, Gilani told
representatives of print media at his DHA residence in Lahore.
He was asked if there was any other option available within the
constitutional framework to resolve the conflict regarding the issue in
question to avoid his possible punishment by the court and to save him from
violation of the Constitution which he believes he would be doing in case he
writes the letter. The prime minister reiterated that only Parliament could
waive off the immunity and even the president himself was not competent to
do so.
Next day, the written reply of Prime Minister Gilani in contempt case
was submitted to the Supreme Court by an assistant to Barrister Aitzaz
Ahsan in which he has once again declined to write letter to the Swiss
authorities to re-open graft cases against President Zardari. Gilani asserted
that the President of the State cannot be thrown before any foreign
magistrate. He asked the court to show patience and let the people of
Pakistan decide the matter.
Aitzaz Ahsan said letter cannot be written to the Swiss officials till
Asif Ali Zardari is President of Pakistan. In an interview with a private TV
channel after the prime minister submitted his written reply to the Supreme
Court Aitzaz Ahsan said the president enjoys immunity world over and
pointed out that countries do not like to allow their citizens to appear in the
courts of other countries.
Aitzaz Ahsan said the president is a symbol of Pakistan federation,
parliament and supreme commander of the armed forces. He said one could
be against an individual but we should not allow our president to submit
before a foreign magistrate. He said the prime minister feels that the
president must not appear in foreign courts.
Aitzaz expressed his utter surprise that certain TV commentators
started making strong comments over the reply immediately after it was
submitted. He pointed out that the prime minister is an accused in the case
and he has the right to express his concern. He said for a fair trial, there
16

should not be decision without listening to the accused and remarked that
justice is not only to be done but seen to be done. He said the issue is
whether a letter can be written and whether the letter should be written.
On 20th March, Imran Khan said that the Prime Minister was prepared
to commit contempt of the Supreme Court to save five hundred crore rupees
of the biggest dacoit of the country. Addressing a public meeting he said that
the people of this country were fed up of the rulers and wanted to get rid of
them. PTI fully supported the judiciary. He further said that Yousaf Raza
Gillani and his corrupt mafia will not be allowed to succeed in next
elections.
Shah Mehmood Qureshi said Gillani was trying to politicize a judicial
matter and history would never forgive him. He alleged President Zardaris
manipulative politics was leading the country to disintegration. Rulers talk
of honoring constitution and judiciary but they dont deliver what they say,
he charged.
Governor Khosa revealed that all Swiss cases against President
Zardari had been closed even before Malik Qayyums letter written to the
Swiss authorities. The governor further stated that all institutions including
courts were subservient to the Constitution. He said Gilani was a consensus
Prime Minister and was following the Constitution in respect of the
contempt case against him.
Next day, as the bench headed by Justice Nasirul Mulk resumed
hearing of the case, Aitzaz argued that the court cant force the prime
minister to write letter to Swiss authorities for reopening graft charges
against NRO beneficiaries, including President Zardari. Aitzaz accused the
judges of prejudice and said the court cannot proceed on assumptions as it
is a criminal trial and decision be made on evidences submitted before the
court.
Aitzaz maintained that, judging from the harsh language used in the
January 10 six-option decision given by the SC, it appears as if the judges
had already decided to punish the prime minister. The counsel also
demanded that the bench, which issued show-cause notice and gave a verdict
against the prime minister even before the case was started, should not
conduct proceedings. Justice Nasir told Aitzaz that he should have expressed
no confidence over the bench earlier. Aitzaz responded that he had the right
to do so at any moment.
The counsel said that Article 10-A gave the right of fare trial to an
accused; Article 10A inserted in 1973 Constitution through 18 th amendment
17

says, there should be fair trial and due process. Justice Osmany remarked:
(Are) you telling us there should be fair trial and earlier the courts were not
conducting fair trial? Aitzaz said under Article 10A fair trial was made
mandatory therefore the fundamental rights cant be surrendered or waived.
Justice Khosa told the lawyer not to think that the bench would depart
from justice. He also remarked that the court never used harsh words and it
would not provide several opportunities. He said if the court was harsh
towards the PM then why an opportunity was accorded for hearing his case.
He said that the 8-member bench, which heard the appeal, also noticed that
no intervention was made and if he (Aitzaz) was making it base then there is
no forum for the trial of this case.
Aitzaz said the prosecution has failed to prove that the prime minister
willfully flouted, disregarded, disobedience and disobeyed the court order on
NRO verdict. In criminal jurisdiction the sentence can be harsh and severe
but the court cant proceed only on assumptions; hard and solid evidence is
required for it. There is no evidence of contumacy against the PM.
Do you want to say that the PM had no mala fide intention, Justice
Khosa asked. Justice Usmani remarked that the court was never informed
about the PMs view. Aitzaz said the AG should be standing in the witness
box to answer why the PMs comments were not conveyed. Justice Khosa
said the AGP himself told the court that he waited for instruction till 2am,
and it is part of the court record. He further said on Jan 3 the PPP cochairperson (Asif Zardari) in an interview on a private TV channel said that
the party has decided not to write letter, then how come the PPP vicechairperson did not know about that court order.
Justice Gulzar Saeed said that the case is being tried in court, protest
rallies and media. Aitzaz said that his opponents are saying that they would
give him a setback; therefore, I had to go to media. Justice Osmany said they
hear about the case (developments) in media before it comes to the court.
Aitzaz remarked: Do not pay attention to newspaper headlinescriminal
cases are not dealt with on the basis of news reports.
Aitzaz said that the court had inquired about the implementation of
NRO judgment from the NAB chairman and the prosecutor general, the
AGP and secretary law, but only the PM was selected for the prosecution.
He also contended that only the prime minister was held responsible for the
contempt though former attorney general and former law secretary advised
the premier for not writing the letter to Swiss authorities to reopen graft
cases against Zardari.
18

PM counsel said that he never stated that judgment could not be


implemented but said that it could not be implemented for the time being, as
President Zardari has complete immunity during the term of his office. He
however clarified that neither he was asking the court to review its order and
nor he said the NRO verdict was wrong but the implementation of the
relevant part of the order was not possible because the president enjoys
immunity under international law.
Justice Nasir remarked that the courts direction to the federation was
to take immediate steps for the implementation of NRO judgment. He
questioned why this aspect was taken up in review petition that the judgment
could not be implemented immediately. Justice Khosa reminded the learned
counsel that he himself had said that this bench has no authority to change
even comma and full stop in December 16, 2009 judgment.
The bench without passing any judgment on Aitzazs allegations made
clear in its remarks that their minds were not already made up. Rejecting
Aitzazs reservations and his demand for a new bench, the court adjourned
hearing, besides deciding to hear the case on daily basis. Speaking to the
media after the contempt case hearing, Aitzaz Ahsan said that Prime
Minister Gilanis punishment cannot be of more than six months.
Talking to media persons after attending a conference on food
security, Gilani declined to comment on the contempt proceedings pending
against him while saying that the matter was sub judice. To another question,
Gilani said two friends, one who restored the judiciary and the other who led
the movement for its restoration, were appearing before the Supreme Court
and added, Once a friend is always a friend. He said presidential immunity
was an issue of the president. Answering another question, he said the
cabinet reshuffle was a routine matter but his resignation would not be an
ordinary affair.
Prime Minister Gilani appointed his lawyer in contempt case Barrister
Aitzaz Ahsan as member of the Parliamentary Committee on Judges
Appointment and he could also be made the chairman of the committee. The
Senate Secretariat also issued a notification of appointment of Aitzaz as
member of the committee. Reportedly, PML-N would not oppose the
candidature of Aitzaz as the chairman of the committee because of his amity
with the N leadership.
On 22nd March, Aitzaz Ahsan again insisted that constitution debars
the judges, who issued show cause notice and framed contempt charges, to
hear this case. Justice Gulzar Ahmed said that it does not matter if the
19

contempt hearings are initiated on an application or on a suo motu notice,


the same bench will hear the case. Aitzaz insisted that any judge who has
inquired into the matter previously should not continue to be part of the
bench.
Justice Khosa inquired whether the counsel meant to suggest that their
(judges) minds have become prejudiced. We are sitting with an open mind.
Aitzaz said that it shouldnt be that justice has been done but the justice must
need to be seen done. Justice Gulzar Ahmed pointed out the apparent
contradiction in the counsels statement, saying, You have confidence in the
bench but (at the same time) saying it cannot hear this case. The court
inquired whether he wanted this matter should be referred to another bench.
Aitzaz said this is a criminal trial that will have serious consequence.
Justice Nasirul Mulk questioned whether the procedure laid down in
the Contempt of Court Ordinance 2003 or the procedure the court has
adopted in this case is violative of the due process and fair trial, and the
spirit of Article 10-A. He said the existing Contempt of Court Ordinance
2003 stood void after incorporation of Article 10-A in the constitution
through the 18th amendment. The lawyer argued that Article 10-A has the
primacy over the said ordinance.
Justice Asif Saeed Khan Khosa remarked that if he had any problem
with the law (Ordinance) then he should challenge it. The counsel argued
that the court has the power to strike down any law, which is contradictory to
constitutional provision. The court inquired, Does the constitutional
jurisdiction can be controlled by Article 10-A? Justice Khosa said that under
Article 204 the court has power to sentence anyone for Contempt of Court.
Aitzaz said that the use of power is subject to law; adding no body, including
the court, has arbitrary power. Justice Khosa questioned whether one
provision of the constitution could be utilized to scuttle the other provision
of the constitution.
The bench observed that this is contempt on the face of the court.
Justice Osmany said: When the contempt is on the face of the court, cant
we (judges) send anyone accusing the court to jail then? He said that in
many cases the court allow leave grant but later in same cases many a time
the decisions are delivered against the petitioners. Similarly the stay order is
given. The court observed that in many cases it is said that prime facie the
accused has committed crime but later due to insufficient evidence he is
acquitted.

20

Aitzaz said Article 10-A is an important provision and was introduced


after much deliberation. The members of it were intellectuals like Raza
Rabbani, SM Zafar and Waseem Sajjad. The article was introduced to bring
change. Justice Gulzar Ahmed said through Article10-A the legislature has
conferred the power to court to interpret itself. Aitzaz said, No, the
legislature has restricted the court. Aitzaz said Article 10-A has given right
of fair trial. Justice Osmany said you are saying that before Article 10-A
there was no fair trial. Aitzaz replied earlier the fair trial was due to law, but
now it is guaranteed by the constitution.
After the court adjourned the contempt case till Monday, Aitzaz told
the media that a section of it was deliberately twisting his statement
regarding confidence on judges. He said he has no objection over the
qualification of the judges and he has clarified the misunderstanding during
the hearing of the case.
Taming the military: On 16th March, Chief Justice said they could
not close their eyes and remain silent on the issue of missing persons. He
passed the remarks during hearing of the Adiala Jail missing persons case.
The court also took notice of disappearance of a young man, who supplied
food to the missing persons relatives. Tariq Asad, the missing persons
counsel while submitting a miscellaneous application, complained that Umer
Muhammad Ali Khan, who was voluntarily provided food to the relatives of
the detainees, was forcibly taken away in a car on March 10, while his
whereabouts were also not known yet.
The chief justice directed Islamabad IGP to submit a report by fax by
18 at the SC Registrar Office. The police chief was also ordered to take
necessary steps for effecting recovery of Umer Khan and produce him
before the court on Monday (March 19). The court also issued notice to the
attorney general on the subject. The chief justice expressed his serious
concerns, saying a man had been abducted right under the nose of the federal
government.
th

KPK Advocate General on behalf of the chief secretary submitted a


report before the bench, which says three detainees Dr Niaz, Syed Abdul
Majid and Abdul Basit required further medical treatment, adding that as
per the recommendations of the medical board, Mashar-ul-Haq, Shafiq-urRehman, Muhammad Shafiq and Gul Roz had recovered with satisfactory
health conditions; therefore, their discharge from the hospital had been
recommended.

21

He prayed that the detainees with improved health should be shifted to


an internment centre near Peshawar to enable their relatives to visit them in
accordance with the law. The advocate general said he would consult the
chief secretary and others authorities concerned on the issue to make a
suitable decision. He was directed to intimate the SC registrar within three
days.
The court also directed the chief secretary to arrange fortnight visits of
the supervisory board to the detainees and submit a report to the registrar.
During the hearing, the chief justice said they would not tolerate violation of
constitution in any manner and asked Raja Irshad, the counsel for the
intelligence agencies, to punish anyone found in anti-state activities.
On 19th March, the Supreme Court questioning the role of intelligence
agencies directed the AGP to warn them (agencies) not to detain people
illegally. The court said that under Article 9 of the Constitution 1973 it is a
fundamental right of every citizen of Pakistan that he/she shall not be
deprived of life and liberty, save in accordance with law. The State of
Pakistan, being guardian of its citizens, is bound to implement the
constitutional provisions in letter and spirit, particularly fundamental rights,
which are guaranteed by the Constitution.
The court took up a case regarding the abduction of a 16-year-old boy,
who was supplying food to the heirs of missing persons, who have set camp
in front of the Parliament. The IGP Islamabad produced 16-year-old Umer
Muhammad Wali Khan, who went missing on March 10. He also submitted
an investigating report in this regard as well. The IGP also stated that the
abductee Umer Mehmood Wali Khan had been recovered due to his formal
and informal efforts. He stated, agencies had abducted the detenue and that
he made a request to his counterpart for helping him to trace out the
abductee.
When the court inquired that whether he contacted the Inspector
General of Police, Punjab for this purpose, the IG stated that he contacted
ISI. When he was asked to disclose who is involved in this case of
abduction, he again replied that he contacted all the three agencies i.e. ISI,
MI and IB. The chief justice said that it should be investigated that who
kidnapped the boy, saying the number of missing persons is increasing.
The court also inquired from the boy that who had abducted and
detained him, he stated that he is not in a position to disclose the name of the
persons, however, he stated that they had been interrogating him for a period
of six days. The father of Umer informed the bench that some unknown men
22

had abducted his son in front of him. He observed; We came to Pakistan


one-and-a-half years ago and now mulling to go back.
The CJP said it is illegal to arrest people without any case and there
was no reason to hold Umer for six days and the court had given several
decisions on this matter. Justice Khilji Arif Hussain observed that the court
could not allow anyone to do against the Constitution. The court also asked
the Islamabad police to submit an investigative report regarding the
abduction of a boy, within the next two weeks.
Recessing economy: On 17th March, the government increased the
sugar prices by Rs 6 per kg at Utility Stores Corporation outlets. On 19th
March, the electricity shortfall in the country rose to 5,800 MW. At present
7,500 MW of electricity is being generated while demand stands at 13,300
MW. Lahore, Rawalpindi, Faisalabad, Multan, Gujranwala and other cities
in Punjab are experiencing 13 hours of load shedding while in rural areas the
duration is almost 19 hours.
On 20th March, Laxmi Chowk, Lahore once again became the venue
of protests against elongated power shutdowns, turning the city centre into a
Hyde Park for the provincial capital. At present the large cities including
Lahore are experiencing at least 13 hours of load shedding, while rural areas
are facing up to 20 hours of power shutdown. Power consumers in
Faisalabad during a protest blocked Samundari Road, burnt tires and also
pelted stones on the police.
Meanwhile, Nepra approved Rs 6.39 per unit raise in power tariff as
four months fuel adjustment charges. The meeting approved hike in tariff
from October 2011 to January 2012. Power tariff has been increased by Rs
2.22 per unit for October 2011, Rs 1.27 per unit for November, 0.94 paisa
per unit for December and Rs 1.96 per unit for January 2012. New tariff will
be added to May, June, July and August bills.
Economy is expected to grow by 3 to 4 percent in the fiscal year to
end-June, though risks to macroeconomic stability have increased in recent
months, the central bank. This compared to the governments target for gross
domestic product (GDP) growth of 4.2 percent for the year. GDP expanded
by 2.4 percent in the previous fiscal year.
On 21st March, speaking at the workshop on Food Security in
Pakistan - Future Challenges and Cooping Strategies, the prime minister
said the government was committed to ensure food security and protect
fundamental right of every citizen to be free from hunger. In this quest, two
landmark decisions by his government had changed the very dynamics of
23

decision-making and governance in the country, he said, while citing the 7th
NFC Award and the 18th Amendment.
We have achieved extraordinary success during the first four years of
my government. Wheat production has reached its highest level of 25
million tons. We have exportable surplus and are now recognized as a net
wheat exporting country, he informed. He said sugarcane production was a
record 63 million tons and they were expecting five million tons of sugar
production for the first time in the history of Pakistan. Let us not forget rice.
As our major export commodity, rice is fetching higher prices due to quality
improvement, he added.
The World Banks board of executive directors approved two projects
totaling $1.09 billion aimed at supporting Pakistans growth agenda for
reducing poverty. The schemes include Tarbela IV Extension Hydropower
Project and the Punjab Irrigated Agriculture Productivity Improvement
Project.
Cameron Munter said that Pakistan should not look to the US
government and instead solve its problems on its own. He said this during
his visit to Khyber Pakhtunkhwa Chamber of Commerce and Industry
(KPCCI). He told that the US has provided Pakistan $2billion for assistance
since 2009 which is much higher than the other countries. But, it did not
seem to have benefited the people.
The Commerce Ministry issued the SRO, stating that India could
import everything from Pakistan, except 1,209 items, placed on the Negative
List by Islamabad after granting MFN status to New Delhi in last month.
The decision of switching to Negative List will pave the way for granting
the MFN status to India as mandated by World Trade Organization (WTO)
commitments from next year onwards.
Provincial disharmony: On 18th March, Jeay Sindh Tehreek (JST)
chief Dr Safdar Sarki called for a referendum on independence of Sindh.
The dignity, resources and honour of the Sindhi nation were severely hurt
by the establishment in the name of Islam and federation, he said while
addressing a party rally at Tibet Centre, Karachi. Participants were carrying
flags and portraits of the Jeay Sindh Movement founder, Sain GM Syed. The
JST claimed it assembled one million people in the march against what they
said the slavery of Sindh imposed on it by the establishment.
On 22nd March, Sindh Taraqi Passand Party Chairman Dr Qadir Magsi
has demanded the government to declare Pakistan as a country of five
nations including Sindhi, Balochi, Siraiki, Pakhtun and Punjabi with
24

different cultures and civilizations. Dr Magsi said that status of nation was
not recognized in the 1973 Constitution and the dictators as well as civilian
governments have amended the Constitution for their own benefits. He said
that 18th Amendment has distorted the Constitution. He said that a
Constitution should be approved accepted to all the nations living in the
country.
Federal Minister for Petroleum announced that Pakistan was mulling
import of LNG from India, which had offered to supply it by laying a
pipeline across the border. He told All Pakistan Textile Mills Association
24/7 gas supply in case more gas enters the system ahead. Dr Asim
announced five days a week gas supply to industry in Punjab from March 26
onwards.
Ideological subversion: On 16th March, protest rallies were held
across KPK over changes in Islamiat syllabus for higher secondary
certificate. The government of red-cappers had removed certain Quranic
verses and Hadiths from syllabus which were not liked by their foreign
masters.
On 21st March, PPP MPA Saleem Khursheed Khokhar, during the
question-hour session in Sindh Assembly, suggested shutting down all the
liquor shops in the province and said an unrestricted sale of alcohol be
allowed like any other cold drink. The minister in his reply advised his
colleague to shut down his own licenced shop first. Another PPP legislator
Anwar Khar Mehar clarified that even the various minorities faiths did not
allow liquor use.
Baloch militancy: On 16th March, the Balochistan government
decided to remove cases against Brahmdagh Bugti, President Baloch
Republican Party who is currently seeking political asylum in Switzerland.
The cases were being withdrawn on the directive of Federal Interior
Minister. About 28 cases were registered against Brahmdagh Bugti for
carrying out attack on security forces and national installations.
Next day, Firdous Ashiq Awan said that the PPPs government would
resolve all grievances and concerns of Baloch leaders; she said this during
meeting with Balochistans Information Minister. She applauded the efforts
made by Aslam Raisin to high light core problems of the province. On 19th
March, unknown armed men gunned down two persons in Quetta. Both the
father and the son were killed on the spot. The attackers fled the scene after
committing dual murder.

25

On 20th March, the Supreme Court sought comprehensive report on


kidnappings for ransom in Balochistan from Chief Secretary and Inspector
General of Police. The court observed that disappearances, target killings
and kidnappings for ransom are increasing in Balochistan. The court
reiterated its suggestion to call a grand jirga in the province to resolve the
law and order issues permanently.
A three-member bench heard the petition on Balochistan law and
order and target killing filed by Balochistan High Court Bar Association
President Hadi Shakeel Ahmed in which he made Balochistan IG, FC IG,
and heads of three top intelligence agencies, federal government through
Attorney General for Pakistan, and provincial government through Advocate
General Balochistan as respondents. The court directed IGP and Chief
Secretary to ensure arrests of the murderers of Zohaib and recovery of
Hamza Shahwani within two days.
About the issue of Domkis family murders in Karachi, the court also
asked IG of Police Sindh, Mushtaq Shah, to inform the court about the
progress in the murder case. During the proceedings, the Chief Justice was
annoyed when he found that no official of Sindh Police was present in the
court to appraise it about the progress of the investigation. The counsel for
Sindh Police told the court that the police department was not asked to
present any progress report as a report had already been submitted on the last
hearing.
Next day, five people including two police personnel were killed in
firing incidents in different towns of Balochistan. Meanwhile, police arrested
three suspects during a search action against anti-social elements in
Kharotabad area of Quetta. Police shifted them to undisclosed location for
investigation.
Turf war in Karachi: On 16th March, traders in Karachi announced
complete strike on 17th March over rampant cases of extortion. MQM and
PPP MPAs marred Sindh Assembly session by exchanging harsh words over
the issue. A teenager was killed in sectarian violence in Karachi.
Next day, point buses of the Karachi University were attacked by
unidentified troublemakers on the MQMs Black. The worse law and order
situation in the city, starting from Friday night, has forced the KU
administration to get these buses locked in the universitys garage. MQM
chief thanked the business community and people for observing a peaceful
protest against government and police inaction in curbing the extortion
mafia.
26

On 18th March, Interior Minister said that the police had arrested 31
people allegedly involved in extortion in Karachi. He met CM Qaim Ali
Shah and discussed the issue of extortion. Later, talking to media, he said
that target killings in Karachi had been stopped but the extortion problem
was still continuing.
Lyari echoed with gun-shots following the target killing of Katchi
Rabita Committee (KRC) leader Rasheed alias builder at Ghausia Road,
Agra Taj Colony within the limits of Kalri police station. Rasheeds security
guard Zubair and a police guard were also killed in the attack while four
more people sustained bullet injuries. KRC leaders strongly condemned the
incident and demanded of the government to take stern action against the
Peoples Aman Committee.
Next day, ANP and MQM-H decided to join hands for peace in
Karachi, both parties also decided to form an alliance. MQM-H leader Afaq
Ahmad told a news conference in that a delegation of the alliance would also
meet Altaf Hussain. Also addressing the press conference, ANP Senator
Zahid Khan disclosed that a number of mafias were operating in the mega
city. He ruled out any ethnic tensions in the city.
A student was gunned down and another wounded in a clash between
rival student unions at the Saifee Technical College. Students were
submitting their semester forms, when four unidentified gunmen, riding on
bikes, barged into the college and resorted to indiscriminate firing.
Afterwards, scores of Islami Jamiat Talba (IJT) workers gathered outside the
campus giving vent to their anger against the firing incident. The security
personnel were maltreated by the protesters, who also destroyed one of the
police mobile vans.

VIEWS
Presidents speech: In his address to the joint session of parliament,
the president was supposed to make a serious speech, reflecting the
countrys current situation and the pointing to the improvement the people
can expect in their living conditions from the policies the government
intends to pursue. But what the tense-faced Zardari said in his 30-minute
talk in the midst of opposition protests could at best be categorized as a set
of cruel jokes. His utterances were detached from ground realities, which

27

would add to the depression the common man is already experiencing


because of the myriad problems.
For example, the president said inflation has been brought down to 11
per cent; 3,300MW electricity has been added to the national grid (although
the long spells of load shedding threatens to become more painful when the
mercury starts going up). Rule of law has been established and supremacy of
parliament ensured, the president claimed. Will anybody take these and
some other claims seriously? They can only be laughed at. (Ashraf Mumtaz,
TheNation 18th March)
Rule of law: There is a rampant sense of injustice at the hands of the
police, magistracy and the local judiciary. Police brutality, corruption,
extrajudicial killings and torture within and outside the jails are common.
The district court is the handmaiden of local people with influence. Some
proto-Taliban and sectarian groups operate as instruments of state patronage
and manipulation. (Mohammad Waseem, Dawn 20th March).
Contempt case: The prime minister may be right as far as stand
relating to the immunity of the president is concerned. But may I ask him:
are not all (including the prime minister and the peon) equal before the law
(and Islam) as laid down in the Constitution under which he is so
strenuously asserting his right? This statement denigrates and hurts the
feelings of hundreds of thousands of those working in low category jobs.
Besides, it sounds alarm bells amongst those who abide by the law. (Zahid
Bokhari from Karachi, Dawn 17th March)
Perhaps the only positive that can be taken away from this
confrontation between institutions is that it has not triggered panic and
pandemonium in the political class as yet. A prime minister is on the verge
of being ousted and the democratic order is not being perceived as under
fundamental threat. It could be read as a sign that the democratic order has
matured and is more resilient.
Of course, the fact that the real target is the president and he isnt
directly in the cross chairs as yet has much to do with the relative calm at the
moment. The PPP must ask itself this: If court action does lead to the ouster
of the prime minister, would the court haul up his successor too or go
directly for the president? To live to fight another day is arguably the smarter
political strategy here. (Editorial, Dawn 17th March)
Take the case of our Prime Minister who has declared that he is not a
peon. His loyalty to President Zardari is clearly the force that has driven him
to interpret the Constitution in his convoluted unprincipled way. He has
28

chosen to flout his constitutional obligations in order to obey the orders,


right or wrong, of someone he considers responsible for elevating him to the
position that he likes to throw around as a licence of unbridled authority. He
understands his place in Zardari's PPP, and looks up to the PPP-lord, hopeful
of the generosity that will be showered upon him for his undying loyalty. A
lord in his constituency, he understands that in the PPP-darbar he is a serf.
The problem is not that as Prime Minister he feels that he should not be
ordered around. The problem is that the Supreme Court does not fit into his
feudal hierarchy that ends at the person of President Zardari.
So while this feudal circus gets more and more obscene in the socalled democratic corridors of power, the nation pays a heavy price to keep
democracy alive. Government structures are shamelessly used as chequered
boards to play feudal power games of privilege and patronage. Political
parties that espouse democracy for the nation, operate like feudal estates
complete with lords and vows of loyalty to them. State institutions that
refuse to become a part of this gory drama of deception and greed are
maligned and pushed against the wall. The Constitution is a heap of words to
be used, abused and amended as and when required. And people of Pakistan,
in whose name these revolting games are played, figure nowhere in the
picture. The nation is expected to stand in a circle around the circus and
clap, feeling good about being a democracy. If only our champions of
democracy could see beyond their games, they'd see that there are only a few
serfs who are clapping half-heartedly. And the peons are not amused. (Jalees
Hazir, TheNation 18th March)
In Pakistan, we do not like objective, detached commentary; we find
it boring. So the experts, if they want to be called to express their views on
the show again, must strongly express an opinion favouring one camp or
the other. In this case, one camp says that Section 248 gives immunity to the
president from criminal prosecution, including continuity of such
prosecution.
The opposite camp says that the prime minister should either have
blindly obeyed the order of the Supreme Court or approached the latter for a
review to clarify whether he should really write the pesky letter or interpret
the order in some other way.
The interesting part is that neither camp is claiming that the section
does not give immunity to the president. It would appear that the order is
more important than interpretation of this particular section of the
constitution.
29

Strange and complicated logic? A little too sophisticated for the


ordinary citizens of the state? A little too removed from the everyday
problems of poverty, load shedding, inflation, delayed justice and other
issues of the ordinary people? But then, is not everything a little bit too
complicated and overly sophisticated in Pakistan? (Zia ul Islam, Dawn, 19 th
March)
What will be the parameters which structure, or guide, the SCs
interpretation of presidential immunity? Firstly, the language of Article 248
and international law and various court judgments interpreting these legal
norms.
Secondly, as lawyer Muneer A Malik rightly points out judges realize
their real strength comes from moral authority with the people. So, the SC
will take into account the public perception about President Zardari and
presidential immunity in its interpretation.
Thirdly, the issue of eradicating corruption is a strategic tool of
judicial governance utilized by the SC, which is being used to reform the
Pakistani state through the judicial process. The fact that presidential
immunity is being used as a shield to protect allegedly corrupt acts by
President Zardari will effect the SCs interpretation.
Fourthly, whether President Zardari is given full or limited
presidential immunity will also depend on the political fight-back. For
example, when the prime minister says that he will implement the
constitution, and not the SC judgment, what he is really doing is questioning
the monopoly of the SC over constitutional interpretation. Therefore, the
balance of power between the political and judicial elite will play a critical
role.
But this constitutional conflict is not simply about presidential
immunity; it is about how Pakistan is to be governed, whether by laws and
rules or political consent and compromise. Only political and constitutional
battles can resolve these issues as no readymade or instant solutions are
provided in the document called the constitution. (Faisal Siddiqui, Dawn,
19th March)
Mr Gilani did not change his oft-repeated position and told the bench
that he stands by his earlier stand on the subject. In fact, he overstepped his
jurisdiction when instead of complying with the court order, he advised the
bench to refer the matter to parliament or leave it to people. This clearly is
the logic of the guilty. Those with clean hands dont rely on such excuses
Gilani, who sounded more like a judge than the head of government,
30

declared that writing the letter as ordered by the court will amount to
subverting the Constitution, an offence punishable with death.
He said contempt carries only six months imprisonment and thus
would prefer it to the gallows, which he would be facing in case of violating
the Constitution The SC-government conflict has now entered a decisive
phase. The court has to look into all aspects of the matter before coming up
with an authoritative judgment.
The court is expected to give its opinion on whether the accused in the
money laundering cases is President Zardari or the PPP co-chairman.
Constitutional experts are of the view that it is Mr Zardari who faces the
charge of keeping ill-gotten money in Swiss banks. He had become
president much later, because of which he is not entitled to the immunity his
lawyer claims he has.
If the allegation is against the ruling party boss, the prime minister
cannot refuse to write the letter the court wants him to write. The SC should
also decide whether its the prime minister alone who committed the
contempt by defying the apex court orders or the cabinet ministers who
advised him against sending the communication are also culpable.
The matter was discussed at a meeting of the federal cabinet and at the
end of it reporters were told that the cabinet was of the view the president
enjoys immunity. If all ministers and even the political allies of the PPP
also have the same view, then all of them should be proceeded against. They
are all obstructing justice, which is more serious an offence than contempt of
court.
This is clearly breach of the oath of the prime minister. He is trying to
save Mr Zardari from any negative fallout, turning back on the commitment
he had made to the nation before taking over The issue of the NRO case
judgment implementation has already been pending with the court for long.
Thousands of news items and columns have been published about it and
countless talk shows held. However, the controversy about the immunity
issue persists.
The court should not take more time to decide the matter now. The
entire nation wants to see how the supremacy of the Constitution is upheld.
All eyes are focused on the judiciary. It has to come up to peoples
expectations. (Ashraf Mumtaz, TheNation 20th March)
Mehrangate scandal: But perhaps some good will come from this
series of disasters that have befallen the ISI. Maybe there will be an internal
31

review of the agencys role. There needs to be a realization that it cannot


simultaneously be a covert organization devoted to internal and external
military intelligence, as well as a political player.
More important is the need to establish political control over the ISI.
When this government tried to place the ISI under the interior ministry, its
ill-judged attempt was quickly rebuffed. But now, the top military and
civilian leadership ought to sit down, out of the glare of publicity, and
hammer out a new charter for the ISI, MI and IB.
Currently, there is no oversight over the ISIs budget. Similarly, there
is minimum information on military expenditure in the national budget.
There is no parliamentary debate on the countrys largest single expenditure.
Clearly, this needs to change, and our defence forces ought to justify their
budgetary proposals to our elected representatives.
These suggestions need not alarm our generals. Given the propensity
of our politicians to roll over before them, it is unlikely that their budgetary
requests will be denied by the National Assembly. Let us not forget that
when the ISI chief appeared before parliament in the wake of the Abbottabad
raid, no politician had any words of criticism.
In an act of rage and frustration, the ISI has leveled Osama bin
Ladens house as if its demolition will erase its shame. And bizarrely, it has
charged the dead terrorists widows and children with illegal entry into
Pakistan. Its a pity they couldnt have included Bin Laden in this charge
while he was still alive. (Irfan Husain, Dawn 17th March).
Economy: The State Banks mid-year report on the economy brings
some good news. But it also raises areas of serious concern A couple of
developments over the last half-year have contributed to this scenario. For
one, Pakistans external account position has worsened Some of these
developments are beyond the governments control. But what isnt is the
creation of a productive economy able to withstand these external shocks.
Behind the broader statistics a picture emerges of an economy whose
problems are deeper. (Editorial, Dawn 22nd March)
Provincial disharmony: One is at a loss for words to condemn the
deplorable act on the part of the ANP government in Khyber Pakhtunkhwa
to expunge from text books an essay on founder of Pakistan Quaid-i-Azam
Muhammad Ali Jinnah. That this has happened in the backdrop of the
devolution following the passage of the 18th Amendment, only provides
grist to the mill of those who allege that the constitutional move was driven
by ulterior motives. It also lends credibility to all those pointing a finger of
32

accusation at the ANP setup for being still reluctant to reconcile itself to
Pakistans ideology particularly the veritable miracle that Quaid-i-Azam had
performed of creating a separate homeland for Muslims of the sub-continent.
This disrespect to the founder of the country cannot be condoned
under any circumstances that the party might argue caused it to do so. It
must be mentioned that the ANP first changed the title of the essay, Quaid-iAzam Muhammad Ali Jinnah in Sarhad to Quaid-i-Azam Muhammad Ali
Jinnah in Khyber Pakhtunkhwa when it came to power in the province.
Even this constitutes an unpardonable offence because a change in the name
of the province even though through a constitutional amendment does
not necessarily mean that a historical literary piece mentioning that very
name should also be changed. It is quite disturbing that this has happened
under the officer who also holds the chairmanship of the Bacha Khan Trust.
The worrying thing that it could set a dangerous precedent whereby
other provinces might also start following in the footsteps of the KP
government. The consequences of consigning the founder of the country to
this willful amnesia are a foregone conclusion. In the wake of the step taken
by the ANP government the fear that each province would start glorifying its
own leaders no matter how much parochial and secessionist is not
misplaced. Already we are well aware of the polarization prevailing in the
society.
While Balochistan is the biggest victim of this harmful tendency, there
are several other regions that are currently clamouring to be turned into new
provinces. Ultimately, we must realize that this inclination can only act as a
catalyst for dismemberment of the federation. It was only after a long
struggle that we were able to achieve independence. The federal government
as well as all the concerned quarters in the education sector must swing into
action to take notice of this glaring act. Devolution of the education ministry
is in no way a passport to take chapters and essays detailing achievements of
the founder of the nation out of the text books. (Editorial, TheNation 22 nd
March)
Ideological subversion: Pakistans ideological base is badly
tarnished and weakening the national purpose, as enshrined in the
Constitution, i.e. to strive for a democratic order based on the principles of
Quran and Sunnah. The component of democracy is protected by
Parliament, judiciary, armed forces and civil society, but the ideological
component has been relegated and subordinated to the political authority.

33

The threat to national purpose, thus, has become endemic, since the
US has succeeded in achieving media management goals and now is
aiming at perception management of the Pakistani nation. For this purpose,
$1.4 billion have been allocated by the US Congress, which is to be spent in
Pakistan for institutional support; support to the civil society and perception
management. Therefore, safeguarding Pakistans ideological base is the
most serious challenge. If Parliament does not take it seriously, then the
impacting ideological forces of Afghanistan and Iranian revolutions and the
Islamic surge within Pakistan, would gain overpowering influence over the
masses and cause violent change. Change is inevitable, but must be induced
through the democratic dispensation. (General Mirza Aslam Baig,
TheNation 23rd March)
Balochistan: On the positive front, this resolution has finally jolted
the Pakistani civil society, which now recognizes that Balochistan is a major
problem and needs immediate attention. One hopes that sanity will prevail
and the powers that be will attend to the grievances of Baloch people
through negotiations. One also wishes that in future, we as a nation will start
openly discussing, deliberating, and debating about our pressing issues much
before a bill exposing our fallacies is tabled in the Congress of the United
States.' (Zeeshan Adhi, TheNation 18th March).
Sectarian violence: Police officials believe that in Karachi, gangs of
four to five men usually carry out targeted sectarian killings without any
planning or formal instructions from major sectarian outfits. The rise in this
trend of communal vigilantism is cause for concern, especially considering
the extent of sectarianism in this country. Police officials say that Sunni
sectarian groups such as the Sipah-i-Sahaba/Ahle Sunnat Wal Jamaat and its
deadly offshoot Lashkar-i-Jhangvi have begun to target ordinary members of
the Shia community, whereas in earlier decades mostly Shia professionals
and scholars were killed. Conversely, Shia militants, apparently working
under the banner of Sipah-i-Muhammad, have concentrated their attacks on
SSP activists. Until 2008, most victims of sectarian violence in Karachi were
Shia; however, as the report notes, the past two years have witnessed an
increasing number of SSP workers killed, indicating that Shia militants have
begun to strike back.
As the state has failed to punish sectarian killers, this is the natural
outcome. Sectarian demagogues often with blood on their hands have
been set free by the courts due to lack of evidence. This perhaps results
from the fear of consequences of convicting a terrorist, as well as shoddy
investigation methods. The state particularly the law-enforcement and
34

intelligence apparatus is squarely responsible for letting the situation reach


such alarming proportions. Justice has not been done, which has opened the
door for sectarian operators who are often more radical than organized
sectarian outfits. (Editorial, Dawn 20th March).

REVIEW
The system about the safety of which politicians keep striving is in
place and working. The only thing about which they seem to be unaware is
that the wheels of the system are moving on auto-crumble mode. The
system-lovers are busy collecting falling bits and pieces thinking that the
system is delivering something at least for them.
They do not want the wheels to stop especially the one that produces
maximum bits and pieces; the wheel of corruption. Anyone who tries to
halt it is taken as threat to this benevolent system. In fact, it is only the
superior judiciary that has made some half-hearted attempts to stop it and
once or twice attempted to turn the wheel back.
The system-lovers have countered all such attempts. They have gone
to the extent of defying court verdicts and risking confrontation between
institutions that are called pillars of the State. The blatant defiance by the
Executive has led to the enacting of contempt drama in which Aitzaz Ahsan
is playing the lead role.
The NRO verdict has delivered many children but not the desired
baby called justice. The litter of unwanted babies so delivered, especially the
latest by the name of contempt of court, has got on to the nerves of Pakistani
nation and pushing it to the brink of breakdown.
People have failed to understand the wisdom behind judges dragging
their feet for so long over a clear cut case. Is it a cat-and-mouse game which
the over-worked judges playing to relax? The judges dont realize that in this
game they represent Toms, which are being made fun of by the Jerry and his
party. Or, are the judges of apex court, like a horde of mice, scared of belling
the cat? Or, is it noora kushti, as they say it?
The judges are capable of punishing the ordinary culprits only, who
can be administered on the spot instant justice even by a mob. Or, are they
avoiding punishing him to save themselves from the curse of Heavens as the
PM is not a peon but a gaddi nasheen? Aitzaz, has perhaps correctly read the
mind of reluctant judges and cautioned them: Beware my client is a gaddi
nasheen of Multan!
35

The word shame has different meanings in the dictionary of practicing


lawyers. Lying is an art added to the science of practicing law. Not only the
lawyers themselves tell lies under the cover of arguments construed by
twisting letters of law, but they also tutor the witnesses to tell lies in the
court under oath.
They surely need to be reminded: A dishonest PM is not worth a peon;
not even worth worn-out pair of shoes of an honest peon. This holds good
even for a PM who happens to be from the City of Saints and claiming to be
a direct descendent of Ghous-ul-Azam. Considering the matrimonial habits
of most gaddi nasheen, DNA tests can point out lot of impurities.
Of late, Aitzaz, running short of any convincing argument in defence
of his client, has shamelessly expressed lack of trust in the court as he had
done about seven-member bench soon after he became the counsel of Gilani.
That brings the total of untrustworthy judges to 15, with only two left to be
accounted for.
As most of the nation focused on court proceedings, the Red-cappers
silently encroached upon the ideological foundation of the country with the
intention of achieving their goal for which they had blackmailed PML-N for
getting new name for their province. They have been moving steadily
towards realization of dream of their Congress-linked fore-fathers.
The government of KPK incorporated some changes in syllabus of
Islamiat for higher secondary classes, which were protested across the
province. The Red-cappers, however, would deny it as an attempt at deIslamization; they are simply curbing militancy and promoting tolerance and
secularism; something like Gandhis non-violent movement for
independence.
Having corrected anomalies in Islamic syllabus, they then removed a
chapter on Quad-i-Azam from history book. In not too distant future a
chapter about Sarhadi Gandhi could be inserted to fill the space. KPK wont
be left without a founder father, but his surname Sarhadi has to be changed
appropriately.
Meanwhile, Pakistans economy is in tatters. If the people here are not
starving like Somalis or Sudanese, it is because of the bountiful Mother
Nature that has blessed Pakistan with one of the most fertile river basins in
the world. India and India-sponsored opponents of Kalabagh Dam, however,
are bent upon turning it into a desert.
23rd March, 2012
36

IN THE REGION
The region called Af-Pak is presently the main battleground of the
ongoing Crusades. Hither-to-fore, this region included Afghanistan and
Pakistan, but India was added being strategic partner of the Crusaders. Now
Iran has been added to this region, for the sake of reviews, primarily for
three reasons.
Firstly, both the countries need to be de-nuclearized and demilitarized. Secondly, the floating of the idea of self-determination for
Baloch people will adversely affect territorial integrity of both the countries.
Lastly, countries of a particular region are always dependent on each other in
this case IP gas pipeline project has become a bone of contention.
Three out of four countries that are in focus in the end game Iran,
Afghanistan and Pakistan fall in this region. Fourth country, Syria, falls in
another equation that relates to security of Israel. India is included herein
because the Crusaders are patronizing it as its watch-dog in the region and
beyond.
Concoction of term Af-Pak had left no doubt about that the ally
Pakistan is the target of the Crusaders. The situation is now ripe for
completing de-militarization of Islamic Republic, considering the attrition
that has been caused on Pakistans armed forces in last ten years just as it
was done in Iraq; with only difference that there it was done to impose nofly zone and here the rhetoric used for the ally has been do more.
Moreover, Pakistans landscape has been infested with foreign spies,
agents, contractors and puppets. Above all the democratic forces in power
in Pakistan eagerly want the armed forces cut to the size. This desire was
implicitly expressed in Abbottabad attack and explicitly in memorandum
delivered to Mike Mullen.
This memorandum written by Mansoor Ijaz on the behest of Husain
Haqqani was an unambiguous statement of the desire and commitment of
rulers installed in Islamabad to facilitate achievement of two goals of the
ongoing Crusades, i.e. de-militarization and de-nuclearization. The findings
of the commission led by Chief Justice Qazi Faez Isa, whatever these might
be, cannot change this bitter reality.
The proceedings of Memogate Commission are included in this part
along with those of the commission probing Abbottabad attack. Both cases
are directly linked to war on terror and in both Americans are clearly
involved and in fact have been in hand and glove with Zardari regime.
37

There has been talk of pullout of foreign forces from Afghanistan, but
that would never be absolute both in terms of troops and time. The
occupation of Afghanistan facilitates achievement of Crusaders designs
against Iran and Pakistan and other minor regional objectives for which the
US would like to have permanent military bases in that country. Therefore,
troops will certainly be reduced in number but their lethality will be
enhanced significantly.
The stated aim of the hostility of the Crusaders towards Iran is to
accomplish the goal of de-nuclearization and for that very reason it has been
included in this region. The long term design remains the involvement of
Arabs in the de-nuclearization of Iran so that Shia-Sunni animosity gets
some kind of permanence.
Indian designs against Pakistan are no secret. There has been no
change in those designs despite Pakistans repeatedly expressed desire for
peace, because India considers it as a visible sign of weakness. If there is
any change, that is for worse and Pakistan must guard against any
misperceptions creeping in.
The Crusaders are pressing Pakistan hard to develop close ties with
India, of course, on terms that India wants. The apparent cordiality in
relations with India will take away the justification for maintaining large
standing army and having nuclear arms; thus facilitating de-militarization
and de-nuclearization. Zardari regime is willing to go an extra mile in this
regard.

NEWS
Pakistan
On 16th March, Peshawar-bound bus was attacked with remotecontrolled bomb in Lower Kurram; eight people were wounded. Militants
destroyed four schools in KPK. Retired army officers wanted end to
operation in Bara area. ATC Rawalpindi gave 19 activists of HuT in police
custody on remand; they were arrested from industrial area Islamabad
Foreign Office spokesman dismissed the impression that US was still
using drones in FATA with the tacit understanding of Islamabad. He said
Pakistan was using all diplomatic channels to bring an end to the strikes that
were damaging its efforts against militancy and terrorism. These attacks are
illegal; therefore, it is high time US stops the use of drone attacks.

38

Mansoor Ijaz claimed that he holds details of Zardari and his


assassinated wife Benazir Bhuttos bank accounts. Ijaz accused Zardari of
being involved in money laundering, and said that the president did not
have the guts to challenge these allegations. I have documentary evidence
to support my claims, he said, claiming that he was putting his own life in
danger by revealing the truth.
During cross-examination of Ijaz, Justice Isa asked Bukhari to keep
focus on the issue rather than concentrating on the articles written by
Mansoor Ijaz; do not try to waste the time by asking questions not
associated with the issue. This prompted Bukhari to announce that he would
no longer be representing Haqqani under these circumstances. Haqqani
later persuaded Zahid Bukhari to continue representing him and Bukhari
resumed Ijazs cross-examination.
Bukhari read several quotations from Ijazs articles and transcripts of
Mansoors appearances on TV after May 2, 2011 in which he accused
Pakistan of harbouring Osama bin Laden and al-Qaeda. Bukhari said
because the memo affair was directly linked to Ijazs credibility, he has been
focusing on making clear before the commission that the witness was
untrustworthy and had hidden motives. The lawyer argued that May 9
telephone conversation between Ijaz and Haqqani was about Ijazs antiPakistan writings and not about the memo. But, Mansoor Ijaz intercepted
Bukhari and termed his claim as a false statement. Zahid Bukhari said, Your
story about the memo is false. Ijaz insisted he was telling the truth.
Bukhari once again asked Ijaz about the nature of his contacts with
several spy agencies across the globe. Ijaz maintained he had links with two
dozen intelligence agencies around the world but he again refused to identify
the countries whose intelligence services were his friends. He also did not
agree to explain the nature of his relations with the spy agencies. Ijaz said he
introduced JKLF leader Yasin Malik to the then deputy chief (later chief) of
Indias RAW intelligence agency. Malik is a liar, Ijaz told the commission
when he was confronted with a statement by the Kashmiri leader saying Ijaz
never told him he was meeting the Indian spy chief. Ijaz was proud of his
link with Indias RAW.
Ijaz claimed his relations with intelligence agencies were undertaken
as a private citizen of the US and he claimed that he paid for his part-time
spy work from his own pocket. But Bukhari proceeded to question Ijaz in
detail about several judgments against him in New York courts that showed
him as someone unable to pay his debts. This cast doubt on his status as a
39

tycoon who spends his money for private diplomacy and intelligence
contacts.
Haqqanis lawyers showed a video of Mansoor Ijazs interview with
Fox News on May 3 in which he accused Pakistan Army of protecting bin
Laden and building the house in Abbottabad where he lived. Ijaz had also
called Zardari a buffoon in that interview and used the term bad guys for
Pakistanis. However, the head of commission and the rest of members of
judicial commission took least interest in the video. Mansoor Ijaz admitted
once again that his main evidence against Haqqani comprises BBM
messages, which cannot be verified because Blackberry Company (RIM)
does not retain data after three months.
Zawahiri called on Pakistanis to revolt against their government and
military in a video posted on the Internet, US monitors said. Zawahiri urged
Pakistanis to follow the example of the Arab Spring as the military could not
be expected to turn against America despite a deadly US strike on Pakistani
troops in November. He also said that unless its demands were met, AlQaeda would not release an elderly American Jew Warren Weinstein, a
development expert who was captured in Pakistan last August.
Next day, at least 24 militants were killed and three injured when jet
fighters bombed their hideouts in Central Kurrum and Upper Orakzai
Agencies. The forces also carried out a search operation in Arhang and
Mulla Patay and recovered a huge cache of arms, ammunitions, explosives
and landmines.
In Khyber Agency three women were killed and two others injured in
a road side bomb blast in the Mendi Kass area. Three children were killed in
the same area as a mortar shell hit their home. A court remanded family
members of Osama bin Laden including his Yemeni wife in judicial custody
for nine days.
A missing person returned home after the Supreme Court took notice
of the matter. Tariq Asad, the counsel for Mehmood, had informed the court
that the only crime Mahmood committed was that he supplied food to the
protesters demanding recovery of missing persons in Islamabads Parade
Ground.
An important meeting of the PPP-led ruling alliance approved more
than three dozen recommendations firmed up by the Parliamentary
Committee on the National Security, which are likely to be taken up by the
joint sitting next week. The parliamentary review of Pakistans new rules of
engagement with the United States, NATO and ISAF seeks written
40

agreement to make it more transparent as per the aspirations of the people of


Pakistan.
Mansoor Ijaz said that the Abbottabad operation was carried out after
the approval of President Zardari and the US was told directly that they
could conduct operation. He was answering the questions raised by the
counsel of Husain Haqqani. The activities of Husain Haqqani in USA were
causing deterioration in ties between ISI and CIA, Mansoor added. He said
it was a wrong perception that he wanted clash between the institutions but
as a matter of fact President Zardari and Husain Haqqani wished to do so.
Haqqani had strong relations with those agencies that were desirous to
increase its staff in Pakistan for American interests.
Yasin Malik, Chairman JKLF) through an application has requested
the Supreme Court to provide him an opportunity to depose before the
Memo Commission to answer the allegations of Mansoor Ijaz leveled
against him. Counsel of Yasin Malik has stated that his client felt a cleverly
calculated mischief in the statement of Mansoor Ijaz.
On 18th March, 14 bullet-riddled bodies of unidentified persons were
found during search operation in Tehsil Bara of Khyber Agency. The sources
said that all the victims were locals and kidnapped before being killed.
Troops have been conducting the operation in the area for the fourth
consecutive day.
The commission probing the memogate scandal directed Husain
Haqqani to appear before the three-member team of judges on March 26 in
Islamabad to record his statement. The commission rejected a request from
Haqqanis lawyer for recording his clients statement from London via
video-link. Haqqani has already assured the apex court that he will appear
before the judicial commission on a short notice of four days. So, he will
have to appear before the commission in Islamabad, head of commission
Qazi Faez Isa said.
During the hearing when Mansoor Ijazs counsel objected to his
clients cross-examination by the AG. Since the AG is representing the
government, DG ISI and army, so he cannot cross examine my client,
Akram Sheikh claimed. Rejecting Sheikhs objection, the commission
allowed the AG to question the prime witness in the scandal. The
commission stated that if the AG asked irrelevant questions then Sheikh had
the right to object.
The attorney general asked Ijaz if he has been writing for some US
based news organizations. Yes, I have been writing for CNN at some
41

occasions, particularly on Eid festival, he replied. To another query, he said


he had met President Asif Zardari in Washington on May 5, 2009 in New
York. The AG completed cross-examining Ijaz and the hearing was put off.
Next day, security forces killed three terrorists during crackdown in
Miranshah amid curfew. A soldier was martyred in an ambush by the
militants near Miranshah. In retaliatory action by the forces, five buildings
located in Miranshah Bazaar were blown up. Miranshah market
bombardment killed militants and injured 15 others. KPK Inspector General
of Police claimed that the chief of banned Lashkar-i-Islam (LI), Mangal
Bagh, is dead, while a spokesman for LI rejected the claim, saying the
militant commander is alive.
Senior leaders of PPP were briefed by Raza Rabbani on the
recommendations of the Parliamentary Committee on National Security, as
he stressed the need of bringing all sorts of engagements with the United
States and NATO in black and white agreements. The party leadership was
of the view that for bringing the Pak-US relations back on track, the
restoration of the NATO supply routes should be ensured on the basis of
revised terms and conditions. Khursheed Shah was directed to contact the
opposition parties so that consensus proposals for redefining of the foreign
policy should come up with a specific reference to the NATO supply
restoration and the countrys role in war on terror.
On 20th March, Police recovered four bodies of unknown persons
aging 25-30 from Charsadda Road in Mardan. Four police personnel
including a sub-inspector were killed and two others seriously injured when
an explosive device hit a police van on Kohat Road, Peshawar. Taliban killed
a kidnapped employee of Balochistan Rural Support Programme after not
being paid ransom money, an official confirmed. Six employees of BRSP
were kidnapped by a group of armed men from Pishin district and were
shifted to Waziristan
The report of Parliamentary Committee on National Security (PCNS)
was presented in the joint sitting of the Parliament, kicking off a debate to
revisit countrys foreign relations in general and the new terms of
engagement with the United States, NATO and ISAF. The joint sitting would
discuss at length a set of forty recommendations firmed up by the PCNS.
The debate will continue till the treasury and opposition benches evolve a
consensus course of action
The PCNS recommended that Pakistans sovereignty should not be
compromised in the new rules of engagement. The gap between assertions
42

and facts on the ground needs to be qualitatively bridged through effective


steps. The relationship with the United States should be based on mutual
respect for the sovereignty, independence and territorial integrity of each
other. Recommendations of committee in brief are:
Independent foreign policy must be grounded in strict adherence to
the Principles of Policy as stated in Article 40 of the Constitution, the
UN Charter and observance of international law.
Drone attacks are counter-productive, cause loss of valuable lives and
property, radicalize the local population, create support for terrorists
and fuel anti-American sentiments; therefore, must be stopped.
The committee says Pakistans nuclear programme and assets,
including its safety and security, couldnt be compromised; moreover,
Pakistan should seek from the US and others a treatment similar to
India.
The strategic position of Pakistan vis-a-vis India on the subject of
FMCT must not be compromised and this principle be kept in view in
negotiations on this matter.
Pakistan reaffirmed its commitment to the elimination of terrorism
and combating extremism and that no overt or covert operation inside
Pakistan shall be tolerated.
It said the government should seek an unconditional apology from the
US for the unprovoked incident in Mohmand Agency and those held
responsible should be brought to justice and assurances about not
repeating such violations must be sought.
Use of Pakistani bases or airspace by foreign forces would require
Parliamentary approval, while the Ministry of Defence and the
US/NATO should draft new flying rules for areas contiguous to the
border.
The reopening of NATO supply routes must be contingent upon a
thorough revision of the terms and conditions of the arrangement,
including regulation and control of movement of goods and personnel
which shall be subject to strict monitoring within Pakistan, on entry,
transit and exit points.
No verbal agreement regarding national security shall be entered into
by the government, its ministries, divisions, departments, attached
43

departments, autonomous bodies or other organizations with any


foreign government. If any such agreement exists it should be reduced
to writing immediately.
The committee said Pakistans territory had been used by the US and
the NATO for logistic purposes. This agreement and any
implementing agreements there under may only be renewed if
required on new terms.
Renegotiated agreement/MOU should provide a clause on immediate
suspension of transit facility through the territory of Pakistan if
US/NATO/ISAF forces violate in any manner the territorial integrity
and sovereignty of Pakistan.
All agreements, including military cooperation and logistics, would be
circulated to the Foreign Ministry and all the ministries concerned,
attached or affiliated organizations and departments for their views
and vetted by the Ministry of Law, Justice and Parliamentary Affairs.
The Parliamentary Committee on National Security shall vet and
make recommendations in consultation with the stakeholders and
forward the same to the cabinet for approval of the federal
government.
There should be prior-permission and transparency on the number and
presence of foreign intelligence operatives in Pakistan.
It said 50 per cent of the NATO containers may be handled through
Pakistan Railways. Taxes and other charges must be levied on all
goods imported in or transiting through Pakistan, for use of
infrastructure and to compensate for its deterioration.
International community should recognize Pakistans colossal human
and economic losses due to the war on terror, so greater market access
of Pakistans exports to the US/NATO countries should be activity
pursued.
In the battle for the hearts and minds an inclusive process based on
primacy of dialogue and R\reconciliation should be adopted. Such
process must respect local customs, traditions; values and religious
beliefs.

44

There is no military solution to the Afghan conflict and efforts must


be undertaken to promote a genuine, national reconciliation in an
Afghan-led and Afghan-owned process.
To strengthen security along the Pakistan-Afghanistan border,
including the cross-border flow of criminal elements, narcotics and
weapons, the feasibility of additional measures, including electronic
surveillance may be evaluated and the process of local joint Jirgas
should be encouraged according to local customs and traditions.
Pakistani territory shall not be used for any kind of attacks on other
countries and all foreign fighters, if found, shall be expelled from the
soil. Likewise, Pakistan does not expect the soil of other countries to
be used against it.
A new fast-track process of billings and payments/reimbursements
with regard to Coalition Support Fund (CSF) and other leviable
charges should be adopted.
review the present focus of foreign policy and establish a balance by
emphasizing links with the traditional allies and building new
relationships for diversifying the sources of economic, military and
political support.
The dialogue process with India should be continued in a purposeful
and result-oriented manner on the basis of mutual respect and mutual
interest/including resolution of core in accordance with the UN
Resolution.
It says special attention must continue to be paid to developing close
cooperative relations with neighbours, while the strategic partnership
with China must be deepened in all its dimensions.
Relationship with Russia should be further strengthened and special
relationship with the Islamic world should be reinforced, while
Pakistans full membership of SCO should be actively pursued.
Bilateral relationships in the region and its institutional partnership
with Asean be strengthened and Pakistan should actively pursue the
gas pipeline project with Iran.
Leader of the Opposition in the National Assembly blasted the ruling
PPP and said the document of the recommendations of the PCNS was kept
so secret that even the two members of the committee from his own party
45

knew nothing about the draft. He said as his party came to know about the
recommendations today (Tuesday) and they needed some time to discuss
these in detail and with their party leadership.
But he ignored the fact that Ishaq Dar and MNA Sardar Mehtab Khan
Abbasi, the two senior parliamentarians and members of PCNS, had also
signed the recommendations of the committee. Responding to a question in
this context Nisar gave a vague answer, saying Professor Khurshid Ahmed
had expressed his reservations and his party members had not been given
any final draft.
He said to evolve transparent mechanism to operate foreign security
agencies and to monitor the activities of undercover agents of foreign
intelligence agencies were the major contradictions in the recommendations.
It is mindboggling as no country in the world except Iraq and Afghanistan,
where US/Nato forces were directly present, would allow the security
agencies and undercover agents operating freely. This would remain a big
question on the countrys sovereignty and independence, he added.
Earlier, Nisar demanded a proper guarantee to implement the
recommendations prepared by PCNS, as he asked the government to apprise
about the status of previous resolutions passed by the Parliament. Ishaq Dar
said if the MOUs were sensitive, they could be explained at an in-camera
session, to which PPP Chief Whip Khursheed Shah said a full-fledged
debate should be held on all the recommendations. Raza Rabbani endorsed
the proposal of Ishaq Dar.
Before the NA session, a meeting of the heads of allied parties, which
are part of the ruling alliance, discussed issues relating to the report of
PNCS. President Zardari and Prime Minister jointly chaired the meeting
held at the Presidency. After the meeting, foreign minister said for the first
time in Pakistans history, Parliament would decide new rules of engagement
and an independent foreign policy to protect the interests and the
sovereignty of the country.
Leon Panetta wanted to establish a parallel intelligence body inside
Pakistan hidden from ISI and the idea was approved by the Obama
Administration, Ahmed Rashid a noted Pakistani author claimed in his book
titled Pakistan on the Brink: The Future of America, Pakistan and
Afghanistan.
Instead Leon Panetta, the director of the CIA, presented a list of
clandestine counterterrorism operations that the CIA wanted to conduct in
Pakistan, such as stepping up drone attacks, raising the number of CIA
46

agents and covert contractors, and even setting up a parallel intelligence


organization that would be hidden from the ISI, Rashid said.
Next day, security forces targeted militant hideouts in Jogi area in
Kurram Agency, killing eight miscreants and injuring 10 others. Two
security men sustained wounds in the operation. The security forces have
been fighting against militants for the last four years.
While US lawmakers rejected a demand by a Pakistani parliamentary
committee for an end to US-sponsored drone strikes, the Obama
Administration has deferred its response until the completion of the review
process. Hillary Clinton said the US was committed to an honest,
constructive, mutually beneficial relationship with Pakistan.
General John Allen told a congressional hearing that if the issue of
safe havens across the border was not resolved, he said, more and more
Afghan security forces would have to be deployed along Pak-Afghan border.
Chances are very good that, if the issue isnt resolved in our favour one way
or the other, well probably have to have a larger presence of the ANSF than
we had anticipated which may require us to thin the ANSF in other places in
Afghanistan, he said.
Husain Haqqani once again rejected Mansoor Ijazs claims, saying he
never asked the US businessman to pass on any memorandum to American
officials. In the summary he submitted to the commission, he rejected all
allegations leveled against him by Mansoor Ijaz. However, he said he has
been in contact with large number of people through Blackberry messages
and electronic messages.
He added that the sheer volume of his electronic correspondence made
it impossible for him to recall every message. Indeed, I did not have time to
respond to everyone. It was my practice to delete text and BBM messages
frequently and I never maintained back-up files or records of chat or
messenger conversations. Haqqani further stated that the documents
presented before the commission by Ijaz were baseless. Ijazs version of
events was certainly bogus, and he deliberately wanted to push the US and
Pakistan toward a dangerous confrontation, he added. Interestingly, in the
rejoinder, Haqqani confessed to having meeting with Ijaz and a telephonic
conversation in November 2011.
From the flow of communications it seems Ijaz is the one who was
eager to communicate with Haqqani. The alleged transcripts of text
messages and BBM conversations establish communication between
Haqqani and Ijaz but do not shed any light on the memo. Ijaz accepts in his
47

statement that he drafted the memo albeit with content originating from
phone conversation with Haqqani. Husain Haqqani has denied telling Ijaz to
write or deliver the memo or giving him the contents of the memo.
On 23rd March, TheNation reported that at a time when the US is
persistently saying it will withdraw troops from Afghanistan by the end of
2014, the American footprint in Pakistan seems set to register further
expansion. To meet the requirements of this post-withdrawal US strategy in
the region, infrastructure is being expanded to house the increased flow of
personnel and equipment to the frontline terror war ally.
The US embassy in Islamabad, which already houses the largest CIA
contingent in the world, is being expanded without approval of Pakistans
foreign ministry or input from the intelligence agencies. The CDA has given
a go-ahead on its own. More than horizontal, it is the vertical dimension that
has become a cause of concern to the relevant authorities due to security
ramifications.
According to sources, the CDAs green signal, without meeting the
procedural formalities and taking other government institutions along,
amounts to a serious breach in the security perimeters defined for the
diplomatic enclave in the capital. If not thwarted, the embassy expansion
plan might turn into a strategic intelligence blunder of a permanent nature.
The US plans to increase clandestine presence and expand its drone
attacks capability. It aims at accommodating greater influx of technical
assets, undeclared CIA operatives and contractors like Raymond Davis to
pursue CIA-led operations in Pakistan. It is learnt that Americans have
already acquired more than 400 houses in Islamabad, where their agents,
contractors and Marines have been living. In some of these houses, sources
say, even ammunition is being kept.
Americans are also trying to shift their consulate in Lahore to Johar
Town, where they want to purchase a huge plot. However, the Foreign
Office and intelligence agencies are not willing to allow the shifting of the
consulate, presently located very close to the Governors House.

Afghanistan
On 16th March, A NATO helicopter crashed into a house on the
outskirts of Kabul, killing 12 Turkish soldiers on board and four Afghan
civilians on the ground. Up to 20 US troops have been implicated in the
massacre of 16 civilians in Kandahar, Afghan parliamentary investigation
48

team reported. This contradicted the NATO account that insists that only 1
rogue soldier was involved in the slaughter.
Obama called Hamid Karzai to discuss Afghan Presidents demand
that the United States speed up its withdrawal from Afghanistan. Obama
agreed to explore Karzais concerns about night raids and house searches,
as well as the presence of foreign troops in Afghan villages.
Next day, four armed insurgents were killed and a woman injured
during a joint operation in northern Afghan province of Faryab. Karzai told
Leon Panetta that foreign soldiers should be pulled out of Afghanistan's
remote areas and the date for the security handover should be brought
forward. Both sides have to work together to complete the transition
process of security from international troops to Afghan forces in 2013,
instead of 2014, he said.
On 19th March, a new report suggested that torture in Afghan prisons
is more widespread than previously thought and that detainees arrested by
US troops have been tortured after being transferred to Afghan custody.
Afghanistan's Independent Human Rights Commission raised "serious
concerns" about US policies on detainee transfers and safeguards intended to
make sure the United States is not complicit in torture. The US embassy told
AFP on Monday it was taking the allegations seriously. We are looking into
it, a spokesman said. The report seemed an attempt to counter Karzais
demand for transfer of prisoners.
Next day, with the recent Afghan civilian shooting on his mind, the
top commander of US-led forces in Afghanistan told Congress that he had
no intention of recommending further American troop reductions until late
this year meaning after the November elections. Gen Allen said that he
remained optimistic about eventual success there but it was too early to
begin shifting the forces.
He also acknowledged the deep sensitivities, especially given the
current diplomatic crisis with Afghanistan, of handing over complete
security control to Afghan forces including over the commando night-raids
that American commanders say are critical to the war effort. These are the
subject of intense negotiation, he testified. But he repeatedly said that by the
end of next year, Afghan forces would have taken over full responsibility for
the fight, allowing NATOs combat role to be finished by the end of 2014, as
currently scheduled.
On 21st March, the head of a consortium involved in the $11 billion
project said, India will explore a route through Pakistan to transport iron ore
49

from Afghanistan hoping that economic benefits will outweigh political


hostility. Despite a spike in tension in Afghanistan and uncertainty over the
future once foreign combat forces leave in 2014, India was committed to
developing the Hajigak mines and a 6 million tonne steel plant alongside, C
S Verma, chairman of Steel Authority of India, told Reuters in an interview.
A contract is to be signed in two months in what will be the biggest
foreign investment in Afghanistans resources sector, larger than the $4.4
billion the Chinese are investing in the Aynak copper mine. For the Indians,
the challenge of transporting the ore out of the landlocked country is an
additional issue given they have no direct access. Pakistan is the obvious
route and the alternative is a longer way westwards to Iran and then shipping
it through the port of Chabahar that India has promoted to reduce
Afghanistans dependence on Pakistan.
But Verma told Reuters that the consortium made up of seven state
and private firms was looking to move the ore along Pakistani roads crossing
over to India, believing the benefits far outweighed political hostility
between the two countries. What we have here is a gold mine, more than
just an iron mine. I believe this is what everyone else will eventually realize.
Ultimately the economic interests of everyone in the region including
Pakistan will take precedence.
Pakistani businessmen have urged the countrys leaders to open up
trade with India, arguing that they only way the economy can climb out of a
low growth path is to do business with its neighbour to the east. Pakistan has
agreed to grant India Most Favoured Nation to promote trade and the two
sides while still poles apart on political issues, are taking steps to expand the
trade basket.
Seven of Indias biggest companies in the steel sector were involved
in the Afghan venture. The other members of the consortium are: state-run
miner NMDC Ltd and steelmaker Rashtriya Ispat Nigam Ltd (RINL), and
private sector steelmakers JSW Steel Ltd, JSW Ispat Steel Ltd, Jindal Steel
& Power Ltd and Monnet Ispat & Energy Ltd.
On 22nd March, Karzai said the West will subsidize Afghan security
forces by more than $4 billion a year after US-led troops leave in 2014.
However, Western officials told AFP that no final agreements had been
reached on funding or on the size of Afghanistans security forces after
combat troops in NATOs US-led International Security Assistance Force
withdraw.

50

Hillary Clinton delivered a stern rebuke to the Taliban, who say they
are stopping peace negotiations with the United States. We have been clear
we are prepared to continue discussions, and our goal is to open the door so
that Afghans can be negotiating among and between themselves, she added.
General John Allen told the Senate Armed Services Committee that he
favoured keeping major combat power in place in 2013 with 68,000
American troops on the ground, despite political calls for a faster exit. His
comments suggested military leaders are reluctant to speed a planned troop
withdrawal from Afghanistan amid a debate inside the White House and
Congress about the pace of the drawdown.

Iran
On 17th March, An Indian court issued arrest warrant against another
Iranian suspect in attack last month on an Israeli diplomat in New Delhi.
Israel has accused Iran of masterminding the attack. But India has held back
from Tehran although the Indian polices probe appears to be focused on
Iranian nationals and those with ties to the Islamic Republic. The warrant
was issued a day after Indian police said arrest warrants were being drawn
up for three men of Iranian origin identified as suspects in the New Delhi
attack that severely injured the Israeli diplomat.
In the Delhi attack, a hitman on a motorbike attached a magnetic
bomb to the back of an Israeli embassy car carrying the 42-year-old
diplomat, who was also the wife of the defence attache at the embassy. Last
week, a veteran Indian freelance journalist called Syed Mohammed Kazmi
who worked part-time for Irans news agency IRNA became the first person
to be arrested in connection with the attack.
Next day, a key lawmaker declared Iran will make absolutely no
concessions on its nuclear programme, amid high geopolitical tensions and
ahead of mooted talks with world powers. If the P5+1 countries dont
accept the reality of Irans nuclear abilities, they will suffer from that,
Borujerdi was quoted as saying. Tehran has maintained that its nuclear
programme is purely peaceful, denying Western suspicions that it was
conducting military research towards designing nuclear weapons.
On 19th March, Pakistan decided to export a million ton of wheat to
Iran in a barter deal as Western sanctions over Tehrans nuclear programme
squeeze its ability to pay for food imports. Food shipments are not targeted
under the sanctions, but Iranian companies have been cut off from much of
51

the global banking system because of the financial measures against Tehran,
making payments difficult and discouraging traders.
Next day, Ayatollah Ali Khamenei in his annual speech to mark
Nowruz said: We do not have nuclear weapons and we will not build them
but in the face of aggression from the enemies, whether from America or the
Zionist regime, to defend ourselves we will attack on the same level as the
enemies attack us. Americans are making a grave mistake if they think by
making threats they will destroy the Iranian nation.
In his speech, Khamenei highlighted the countrys nuclear
achievements over the last 12 months increasing uranium enrichment to 20
percent and loading domestically-made fuel rods into the Tehran Research
Reactor. In a situation where the enemies were putting bets on the fall of the
Iranian nation, and talking about the crippling sanctions, Iran has
accomplished all these achievements, he added. Earlier, Khamenei unveiled
a national production plan and urged the nation to buy domestically-made
goods, saying it would help to defeat sanctions.
On 21st March, The United States exempted Japan and 10 EU nations
from financial sanctions because they have significantly cut purchases of
Iranian oil, but left Irans top customers China and India exposed to the
possibility of such steps. Japan, China and India combined buy close to half
of Irans crude exports of 2.6 million barrels a day, providing crucial foreign
exchange for the OPEC member.
Next day, the UN Human Rights Council extended the mandates of
investigators on Iran and North Korea for a year, to the consternation of
Tehran and Pyongyang. The resolution on Iran calls on Tehran to cooperate
with the investigator and to allow access into the country. But Iran slammed
the move, saying that some countries were abusing the council to advance
their narrow political agenda.

India
On 16th March, the Pakistani Judicial Commissions visit to India to
record statements of key witnesses in the 26/11 Mumbai attacks took an ugly
turn when the visiting panel insisted on cross-examination of the witnesses
and hot words were exchanged between Indian Special Public Prosecutor
Ujjawal Nikam and the team members over its mandate.
An Indian court barred the Pakistani delegation from interviewing the
man convicted of the 2008 attack in Mumbai and any of the witnesses in his
52

trial. The Pakistani delegation came to India to gather evidence for use in the
prosecution of seven militants on trial in Pakistan over Mumbai attack. A
court official said an Indian judge told the delegation it would not be
allowed to talk to lone surviving gunman Ajmal Kasab or any other
witnesses.
India boosted military spending by 17 per cent to $40 billion for the
coming year as it seeks to counter Chinas rapid military build-up and its
traditional rival Pakistan. The rise followed a 12 per cent increase in defence
spending in the previous years budget.
Next day, the eight-member Judicial Commission from Pakistan
record statements of four key witnesses in the November 26 Mumbai terror
attacks case and concluded proceedings before a local court by taking down
versions of investigating officer and two doctors who had done autopsies of
the victims.
On 20th March, Indian newspapers claimed that Indian authorities
silently released Chishti and deported him back home after Indian Supreme
Court granted clemency to the 80-year-old Pakistani virologist. Dr Khalil
Chishti, the Pakistani scientist had been languishing in Indian prison for 19
years; he was undergoing life term in Ajmer jail for. Civil society members,
journalists and former apex court judge had been pleading with the
government of India to release Chishti on humanitarian grounds.
Next day, Indias National Investigation Agency (NIA) has formally
arrested Lokesh Sharma, 35, already in judicial custody in connection with
the Samjhota Express bombing case, for his alleged role in the 2008
Malegaon blast. Sharma also made revelations that the bombs were
manufactured by Ramji Kalsangra and Amit at the formers house in lndore
and the explosives/articles were sourced by Sandeep Dange and slain RSS
pracharak Sunil Joshi.
Lokesh Sharma become important with Joshi being described as the
mastermind behind all Hindu terror cases. The confession by accused
Lokesh Sharma is yet another evidence of involvement of Hindu terrorists in
Samjhota Express blasts which were deliberately alleged to be work of lSlsponsored terrorists.

53

VIEWS
Pakistan
Drone attacks: Pakistan Foreign Office Spokesperson Abdul Basit
has stated that apart from going to the UN against the drone attacks, the
country has several other options Under the circumstances, it is doubtful
whether the country would go to the UN for arbitration. The only way to
make the US end these attacks may be to start bringing them down. It must
not be forgotten that such strikes are also making the search of a negotiated
settlement in the tribal areas more problematic. While it is itself busy in talk
with Taliban, the US is loath to see Islamabad doing so. (Editorial,
TheNation 18th March).
Bara operation: Military action in Khyber has been going on since
the autumn of 2009. More than two years later, LI remains a threat, tens of
thousands of residents remain displaced and security forces continue to get
killed at the hands of militants. Largely independently of other domestic
militant groups, and despite his enmity with the Tehrik-i-Taliban Pakistan,
how did Mangal Bagh, a small-time transporter who got involved in a local
religious dispute and later took over the LI, become such an intractable
problem?
The issue appears to be not so much with the power or resources of
Mangal Bagh himself as with the nature of the ongoing military activity in
the agency. All kinds of resources were brought to bear when troops went
into the settled areas of Malakand the political leadership, the media and,
of course, the army itself. IDPs have returned and, although security forces
cannot yet leave, the state has largely restored its writ. The same
commitment is lacking in Khyber. Those with knowledge of developments
in the area claim the operation has been piecemeal and mismanaged. Little
knowledge is shared about its progress besides occasional statements about
the numbers of militants and soldiers killed. The political set-up in the area
is reportedly kept out of the loop. Meanwhile, the methods used in the
operation, including shelling, mean that civilians continue to die and IDPs
cannot return. It is time for committed and strategic action in Khyber, and
greater transparency about why one man has been able to keep our security
forces engaged for so long. (Editorial, Dawn 20th March).
Ties with US: Odd as it may sound, Pakistani policymakers may want
to take a page from their American counterparts playbook. Here is the
worlds only superpower headed for military defeat in a war it has accused
Pakistan of helping undermine (something Pakistan denies). Here is also the
54

worlds only superpower that has seen a major supply line to that war effort
suspended for over three months by Pakistan. And yet the US administration
has waited patiently for Pakistani policymakers to decide when they want to
talk about how to reset ties with the US. Strategic patience, as the Americans
refer to it, has been demonstrated because it is in the interests of the US to
have a relationship with Pakistan. Pakistani policymakers should similarly
try and put interests ahead of emotions in the days ahead. (Editorial, Dawn
19th March)
The recommendations made by the Parliamentary Committee on
National Security about terms of re-engagement with the United States will
certainly be appreciated by all those with nationalist approach. The
bipartisan committees recommendations, finalized after prolonged
deliberations, represent public sentiment and leave no room for the Defence
of Pakistan Council to continue their protest.
The DPC leaders can now hope that if the future ties with the US are
really based on the terms set by the elected representatives, Pakistan will be
able to work as a sovereign state What is more important is the fact that it
is perhaps the first time that lawmakers will be taking decisions about
something which has hitherto been beyond their domain.
Everyone knows that all decisions about foreign policy and defence
matters are taken by the establishment and the civilian governments do only
what they are told to do. But now that a parliamentary committee has asked
the government to seek a formal apology from the US, those in power will
be left with no alternative but to take up the matter with the relevant
American authorities, no matter what the reaction from the other side.
(Front page comments, TheNation 21st March)
One particular recommendation does, however, have the potential to
become a major roadblock. The PCNS called, more categorically than the
parliamentary resolution passed after the Osama bin Laden raid, for an end
to drone strikes. But if the terms of these strikes can be renegotiated to
ensure that Pakistani sovereignty is not violated, and to minimize noncombatant casualties, it would be worth reconsidering. Drones reach areas
the army cannot and cause fewer casualties than traditional air strikes. They
have demonstrated their usefulness to Pakistan by taking out Baitullah
Mehsud, then Pakistans public enemy number one. A more pragmatic
approach would be to try to reach an agreement on the frequency of
strikes Most other demands, while asserting Pakistani sovereignty, have
already been stated before or seem more doable.
55

Calls for redrafting agreements on supply routes will come as no


surprise here or in Washington. The apology on Salala could well come from
the US military, if not from President Obama. Other issues might turn out to
be more problematic, including the Iran-Pakistan gas pipeline and greater
transparency about potential American intelligence activities in Pakistan. In
considering these, parliament will have to strike a tricky balance between
looking out for Pakistans interests and preventing the dissolution of a
critical relationship. Sovereignty is important, but Pakistan cannot afford not
to be pragmatic. (Editorial, Dawn 21st March)
The USA has not reacted well to the proposed policy directives by
Parliament in the reset of Pak-US relations. Apparently while Ambassador
Munter used polite language; the majority of American legislators are bent
upon launching drone strikes. Ending them was one of the
recommendations It must be noted that these sharp statements were made
by legislators after the Obama Administration, through Secretary Clinton,
refused to comment on the recommendations until Parliament had completed
its review.
However, US Ambassador to Pakistan Cameron Munter told the
Khyber-Pakhtoonkhwa Chamber of Commerce and took the opportunity
of declining US responsibility for the Reconstruction Opportunity Zones that
had been promised by President Bush. The Ambassadors statement was one
official American response; another was US Commander in Afghanistan Gen
John Allens revival before a congressional committee, to which he testified
on Wednesday, that Pakistan was providing safe havens to the resistance.
This shows that the USA, far from being apologetic about the viciousness
shown by its gunship helicopters against an ally, was bent upon using all the
tools at its disposal to prevent Pakistan from asserting its own sovereignty.
It might be seen that the USA is more worried now by Parliaments
action than by anything else, for the PCNS recommendations before it, while
attuned to the needs of Pakistani sovereignty, and recognizing US
sovereignty, do not recognize US superiority, and postulated relations
between the two as between two equal states, rather than between a quasicolony and its superior, as the USA seems to want, and as it seems that the
ruling elite of Pakistan is willing to accept.
It is now imperative that Parliament does not dilute national
sovereignty, and does not succumb to any US blandishments. Obviously, the
USA sets a very high store by the drone attacks. Parliament has a duty to

56

follow only Pakistans national interest in this matter, not the USAs.
(Editorial, TheNation 23rd March)
Americas reaction to the report has been muted, and it remains to be
seen what the implications are. In my opinion, it means little. The US will
continue to do as it pleases and Pakistan will keep crying tears of righteous
indignation; such is the logic of power. (Khalid Aziz, Dawn 23rd March)
End game: The elimination of the terrorist threat posed by Al Qaeda
and its affiliates remains the principal American objective in the region and
that is seen to be emanating from Pakistans soil rather than Afghanistans.
In my view, even if a reconciliation process brings a modicum of peace to
Afghanistan the American interest in our region and in our own struggle
against terrorism and extremism will continue for the decade or more that
would be needed to change the mindset created over the last 34 years.
Unfortunately, recent developments in Afghanistan make it unlikely
that peace of any sort will be achieved in Afghanistan. One can break up
these developments into two parts, the first being those that have
exacerbated almost to a breaking point the tensions between the Karzai and
Obama administrations, between the Afghan National Security Forces and
Nato forces and perhaps most importantly between the Afghan populace and
the NATO forces particularly in the insurgency-ridden south and east of the
country
Reconciliation will remain stalled and chaos will ensue as the Afghan
economy shrinks, as the exodus of capital estimated at $8bn a year increases,
as the Northern Alliance girds its loins to prevent a Taliban takeover and as
the flow of Afghan refugees, a trickle now, becomes a flood bringing another
two to five million refugees into our beleaguered country. (Najmuddin A
Shaikh, Dawn 21st March)
Panettas plan: An Indian news agency report referring to a book
recently published says that Leon Panetta was working on a project to set up
a parallel secret agency in Pakistan to counter operations of the InterServices Intelligence (ISI). According to the book written by a Pakistani
writer, Panetta sent a proposal to President Obama soon after September
2009 which was approved. It is about the same time when Raymond Davis
intelligence network was working in various parts of Pakistan. A large
number of Pakistani visas were issued to American CIA agents and
contractors who upon arrival here were posted in sensitive areas of FATA
and Balochistan. It was surprising that the foreign office as well as the
Interior Ministry had no knowledge of these visas and the Pakistani
57

ambassador in Washington used his discretion in obliging his American


sponsors.
What is further painful is the fact that even now no one knows exact
number of such foreigners working against Pakistans national interest and
are involved in overt and covert operations hiring local people in extracting
information and carrying out operations. Although a lot of time has since
been wasted, yet, it is essential that a well-thought out campaign is launched
to collect complete information about these alien agents so that further
damage could be averted. Any further delay would be disastrous. (Editorial,
TheNation 22nd March)

Afghanistan
Kandahar massacre: Im getting a bit tired of the deranged soldier
story. It was predictable, of course. The 38-year-old staff sergeant who
massacred 16 Afghan civilians, including nine children, near Kandahar this
week had no sooner returned to base than the defence experts and the think
tank boys and girls announced that he was deranged. Not an evil, wicked,
mindless terrorist which he would be, of course, if he had been an Afghan,
especially a Taliban but merely a guy who went crazy.
This was the same nonsense used to describe the murderous US
soldiers who ran amok in the Iraqi town of Haditha. It was the same word
used about Israeli soldier Baruch Goldstein who massacred 25 Palestinians
in Hebron Discipline. Morality. Courage. The courage not to kill in
revenge. But when you are losing a war that you are pretending to win I
am, of course, talking about Afghanistan I guess thats too much to hope.
General Allen seems to have been wasting his time. (Robert Fisk, Dawn 17 th
March)
Could it possibly be the case that war brings out the worst in those
who participate in it, particularly as in invariably the case the enemy is
ill-defined and dehumanized? If so, is that not a sufficient cause for avoiding
war rather than holding out the false hope that the conflict presages some
sort of a solution?
It has become less fashionable to refer to the Nato-led military
operations in Afghanistan as the good war. The majority in Afghanistan
never did support it. Now even the majority in the US does not, which has
led some of Barack Obamas would-be Republican challengers to suggest it
ought to be halted before the 2014 schedule. Obama has apologized

58

profusely for the latest massacre, telling Hamid Karzai that the mass atrocity
felt as vile as if it had been perpetrated against American kids.
Karzai, meanwhile, has been putting on his periodic puppet-without-astring act, demanding that Nato forces get out of Afghan villages but not
yet, mind you, out of the country, a move that would render his regime
untenable.
What the future holds for Afghanistan is indeterminate and probably
unpleasant. No one can accurately predict the extent to which the Taliban
initially sponsored by two of Americas closest allies in the anti-Soviet
jihad, Pakistan and Saudi Arabia, and quite conceivably still the
beneficiaries of assistance from the ISI will run rampant again. But if the
blighted land if ever to be Taliban-free, the impetus must come from
Afghans themselves. Those who execute toddlers, urinate on the corpses of
their adversaries and demonstrate their cultural ignorance by trying to
incinerate copies of the Quran deserve no say in the matter. (Mahir Ali,
Dawn 21st March)
Pull out: While offering a different perspective again, an editorial in
the Washington Post also concluded that humanity, and a rethink, were badly
needed lest Afghan policy definitively crash and burn. Mr Obama and his
aides have done much to damage the relationship between the two countries
and public morale on both sides, it said. Obamas people had disrespected
Karzai and pursued talks with the Taliban over his head, unwisely overruled
Pentagon advice, and let politics dictate strategy.
As the watch these moves, Afghans, the Taliban and neighbours such
as Pakistan can reasonably conclude that the United States rather than trying
to win the war, is racing to implement an exit strategy in which the interests
of Afghans and their government are slighted, it said. In other words, in
Afghanistan, its time to swallow pride and wise up, before it really is too
late. (Simon Tisdall, Dawn 17th March)
There is also the knotty but sometimes overlooked question of what
happens post-2014. The Americans want a scaled-down long-term presence
to keep out al-Qaeda but also presumably for geopolitical reasons, and
negotiations with Mr Karzai on the issue had made progress before recent
events. But it remains unclear how America expects to maintain its presence
for another decade and still search a settlement with an enemy opposed to its
presence on Afghan soil. Along with many other uncertainties, it is a
question that makes the next few years of Afghanistans future look
increasingly grim. (Editorial, Dawn 17th March)
59

When NATO arrived in Afghanistan in 2001, it recognized that its


governments had, during the dark nineteen-nineties, ignored the connections
between Afghan suffering and international security. An exit of NATO
combat forces is now a certainty. Perhaps it is already likely that NATO will
leave behind another terrible civil war or a second era of widespread,
coercive Taliban rule. The security of the Afghans and Americans will
remain linked, come what may. There is no reason to march ahead, blinkered
and fatalistic, burdened by a plan that may already have failed. (Irfan
Husain quoted Steve Coll, Dawn 19th March)
Angry Karzai: Over the past month, I have talked with several of
Karzais current and former aides about his views on the US presence in
Afghanistan. They describe a president whose personality and political
convictions have become fundamentally opposed to the American approach.
His rhetoric is not simply a stunt for Afghan domestic consumption, or to
show that he is no puppet president, as US officials sometimes suggest. It is
a product of a deep-seated aversion to violence and an unshakable suspicion
about US motives in Afghanistan.
For much of his second term, Karzai has been consistent in his belief
that American troops are creating more problems than solutions in the war
against the Taliban. The latest outrages the viral video that apparently
depicts Marines desecrating corpses, the burning the copies of holy Quran
by US service members, the civilian casualties in Kandahar province have
reinforced his argument that the US counterinsurgency strategy is counterproductive. His demand that NATO forces stay out of Afghan villages and
withdraw onto large bases follows a litany of earlier orders: the cessation of
NATO air strikes, Special Operations night raids and home searches; the
abolishment of private security companies, NATOs provincial
reconstruction teams and American-run prisons.
The roots of Karzais views are as long as the war, but the
confrontation with the United States intensified during his 2009 reelection
campaign, a period one aide described as the wound that never healed.
Palace officials say Karzai became convinced that the Obama administration
actively sought to engineer his defeat Karzai has never been an
enthusiastic commander in chief. He was sceptical of President Obamas
decision in December 2009 to send 30,000 additional troops to Afghanistan.
Karzai aides describe his peace-loving temperament and say he has
little interest in day-to-day military operations When asked in 2010 about
his opinion of the American drone war in Pakistan, presumably the type of
60

across-the-border military activity he might support, Karzai said in an


interview with The Washington Post that his nature is not one that
appreciates military. Im not a pro-gun person, I dont like guns or airplanes,
so I can never talk in favourable terms about planes that are shooting people
or bombing people, so youll have to ask a more hard-core fellow. Im a
soft-core fellow.
His day-to-day activities as president, which many have described as
more akin to those of a tribal chief than a modern head of state, often
involve meeting large groups of villagers and tribal elders who come to
Kabul to air their grievances. The years of hearing stories of wrongful killing
and imprisonment, stories that sometimes have brought him to tears, have
also informed his thinking. People come and complain, saying, Americans
are killing our children, and youre responsible, one current palace official
said. Hes caught between the international community and his people. And
people are tired of accepting this.
The United States has weathered many Karzai outbursts, and the crisis
du jour often gives way to the status quo of a grudging partnership. But as
powerless as many claim Karzai is, his demands have gradually won major
political concessions, including an agreement to hand over the American-run
prison at Bagram sooner than expected. He has also changed the landscape
for foreign private security companies and instilled more caution in night
raids and airstrikes.
Karzai does not appear to want a total US military withdrawal, but his
staunch opposition to the current strategy could end up hastening that
departure. Then his insistence that Afghanistan is ready to defend itself will
be put to the test. (Joshua Partlow of Washington Post, TheNation 19 th
March)

India
Mumbai attacks: The Pakistani commission not allowed even to
Kasab. We already know that Kasab has been tortured to confess that he was
supported by Lashker-i-Taiba and that there were nine others with him. With
this uncompromising attitude, the Indians have exposed themselves. On the
one hand, New Delhi keeps complaining that Pakistan is not cooperating
with it in the investigations, but on the other it is itself not willing to even
work with our team let alone share forensic details. It must either stop

61

accusing Islamabad of the attacks or let our judicial team question the
suspects to know the truth. (Editorial, TheNation 18th March).
Defence spending: Indian Finance Minister Pranab Mukherjee has
presented the 2012-13 budget to Lok Sabha, including a defence component
of Ind Rs 1.93 trillion, or $40 billion, which is up 17 percent on the previous
year, and which once again indicates definitively Indias war-mongering, and
attempts to ignite an arms race in the region India is already known as one
of the biggest importers of military hardware, and is not only armed with
nuclear weapons, but has also switched its loyalties from Russia to the USA,
and is willing to act as its regional counterweight against China. It is because
of this that it is busy arming itself to the teeth
Pakistan does not want to indulge in an arms race, but Indias warlike
preparations cannot be ignored, especially when it is busy stirring trouble
wherever it can, particularly in Balochistan, to which it was given access by
the USA through Afghanistan. Thus if Pakistan was to give an increase in
defence expenditure this year, it would be justified. At the same time, the
government must ensure that conventional deterrence is maintained, and that
so is nuclear. That will mean obtaining expensive weapons systems from
abroad. That must be done, and at the same time, indigenous defence
production capability developed, to avoid the preconditions that accompany
imported arms. Pakistan must remember that most of the countries that
might sell it weapons already look upon India as a vast market, and are
willing to encourage its military spending extravagance in the hope of
contracts being thrown their way. (Editorial, TheNation 18th March).
The rapid expansion in Indian surface vessels, submarines and
auxiliary units is quite unprecedented, alarming and speaks of its
expansionist designs in the Indian Ocean. India has also resorted to
developing nuclear submarines which would grossly imbalance the power
equilibrium in the region.
There is no denying the fact that future wars would be fought at sea.
Countries having stronger maritime forces would have a strategic edge over
those which are weaker. Pakistan, which shares border with India, is likely to
be greatly affected by this new development. In the event of hostilities,
Indian blockade of our territorial waters would completely choke our lifeline
and push us on the defensive. The developing scenario calls for concrete
measures on the part of the government to equip naval forces with required
assets to strike a balance. (Commodore (Rtd) Tajuddin Najmi from Karachi,
Dawn 20th March)
62

REVIEW
During the week under review, the recommendations for revision of
Pakistans relations with the US and terms of engagement in war on terror
compiled by the Parliamentary Committee were tabled before the joint
session of the Parliament. It was a lengthy report comprising about forty
recommendations.
Out of this heap of recommendations the US was interested only in
one that related to reopening of land routes for logistic supplies for the
foreign troops deployed in Afghanistan. On the other hand, Zardari regime
wanted uninterrupted flow of dollars into its coffers. Rest is bullshit; nothing
more than elaboration of points mentioned in two earlier resolutions adopted
unanimously. Therefore, it can be said that post-polls, post-Abbottabad and
now post-Salala compilation of recommendations are mere pretensions.
The incidents of desecration of Holy Quran in Bagram and massacreby-night near Kandahar have hurt Afghans badly. But, the occupation forces
from continents of America and Europe are least pushed about anger and
grief of natives of a subjugated land. Instead, the violent reaction of Afghans
provides them a plausible pretext to prolong their stay in the country.
However, there has been one positive thing that Karzai seemed to be more
caring about his people than Zardari.
The resolve expressed by PCNS in its recommendations about
pursuing IP project has been commendable, provided it does not out to be
yet another contradiction in words and actions. However, export of wheat to
Iran on barter basis will certainly cement ties between two neighbours.
23rd March, 2012

63

WAR WITHIN-II
Like implementation of NRO verdict, the contempt case against the
descendent of Ghous-ul-Azam also started getting on to the nerves of a
nation, which according to Allama Iqbal has already been massacred by the
three oppressive elite classes in its history and one of those is the class of
gaddi nasheen. Gilanis learned defence counsel used the familiar delaying
tactics which the Scoundrel and the Saint have been using quite successfully.
The Supreme Court has been showing extraordinary judicial restraint
in cases against the democratic rulers led by the Scoundrel. Having shown
restraint in the case of Rental Power Projects the court at last announced
detailed verdict after having it reserved more than three-and-a-months ago.
The verdict caused silence in regimes quarters.
In the case of Asghar Khans petition the regime found the bank
records went missing soon after the question of misuse of funds by IB to
dislodge PML-N government in Punjab in 2009 was raised during the
hearing. Meanwhile, discriminatory electricity load shedding and
indiscriminate killings in Karachi and Quetta resulted in violent protests.

NEWS
Power politics: On 24th March, TheNation reported that PML-N and
its Punjab government were seriously considering holding the local bodies
elections ahead of the general elections. MQM has also started demanding
local bodies elections without further delay. Both these political players
believed that local level elections at a time when they are in government
would give them better results, and they would be also advantageous to them
for gaining good scores in the next general elections.
After Nawaz Sharif failed to seal a deal with Sindh National Front
(SNF) Chief Mumtaz Bhutto, Imran Khan has contacted the latter for merge
with PTI. The SNF is considered as a nationalist party with influence in
various parts of Sindh province. A crucial meeting regarding this matter is
likely to be held between Imran Khan and Mumtaz Bhutto at the end of this
month.
Next day, addressing the Islam Zindabad Conference in Peshawar,
JUI-F chief said that many governments came to an end due to rampant
corruption, but corruption itself never ended in Pakistan. Fazl said that
Pakistan was made as a result of promises and dreams. He said people still

64

waited for the realization of those dreams and the fulfillment of those
promises. Shouting slogans and making promises will not help this
country. Corruption and inflation will prevail and keep increasing if the
budget is not devised properly. He said that currently, Pakistan neither has
an economic policy nor a foreign policy
On 26th March, declaring that PPP has failed the nation, particularly
the Sindhis, Nawaz Sharif has said they will change the fate of the country if
his party is voted to power. He was addressing a public gathering in village
Betto Jatoi of Mehar tehsil in Dadu the home town of former Sindh chief
minister Liaquat Ali Jatoi, who announced merger of his newly formed party
(Sindh Awami Ittehad) with the PML-N.
On 28th March, disgruntled and annoyed by the decisions of the PMLQ leadership, Ameer Muqam, along with other office-bearers, called on
Nawaz Sharif at Raiwind and expressed his complete confidence in the
leadership and political acumen of Nawaz Sharif and his party leaders. He
was all set to join PML-N along with other office-bearers and supporters.
On 31st March, TheNation reported that some incidents taking place
during the last couple of days indicated that cracks have started appearing in
the Difa-e-Pakistan Council (DPC) a conglomerate of over 40 religious
and political parties and groups that had emerged with a firm resolve to
strengthen the defence of the country. Jamaat-e-Islami has started distancing
itself from rallies and protests of the DPC with a go-slow policy that is a
cause of major concern for the alliance.
Sheikh Rashid wanted to gain political support from these rallies, but
the response disappointed him and he thought that it would not be a proper
forum for him. He had been weighing options to join Pakistan Tehreek-eInsaf (PTI) but currently looking into other possibilities to save his political
career. Ijazul Haq is facing tough resistance from the activists of Ahle
Sunnat Wal Jamaat (ASWJ), formerly known as SSP, for being the former
federal minister for religious affairs when the Lal Masjid operation was
launched during the Musharraf regime.
Moreover, the criticism has started from the inner ranks of DPC over
the recent incident of arrest and release of ASWJs chief Maulana Ahmed
Ludhianvi. Some of the component parties have started criticizing Ludhianvi
for his participation in the March 27 event, saying he should have avoided it
as the local administration had already imposed a ban on his entry in the
capital. The Islamabad Police have also registered a case against him for
delivering speeches allegedly to promote sectarianism in the society.
65

After losing the membership of the Parliamentary Committee on


National Security, former federal minister Babar Awan was further decrowned as PPPP vice-president the slot many in party considered not
existing. Babar Awan, the once-blue-eyed boy of President Zardari famous
for his benevolence toward his friends, is under the cloud since he refused to
appear as witness in the contempt of court case against Prime Minister
Gilani in the Supreme Court.
Rule of law: On 28th March, the Supreme Court directed NAB to
conduct broad inquiry into ISAF containers scam and submit its report at the
Registrar office fortnightly and disposed of the case. In his report, the FTO
has informed the court that as many as 28,802 commercial Afghan transit
trade containers and 3,396 non-commercial containers were known to have
not crossed Pak-Afghan border.
At the outset of hearing, counsel for the FBR Raja Irshad submitted
before the bench that the incumbent Chairman FBR Mumtaz Haider Rizvi
has some reservations on the report and sought two-week adjournment in the
case saying during the given time Rizvi would have to go through the entire
exercise relating to the issue. Expressing his annoyance over the contention
of Raja Irshad, the Chief Justice observed: were we engaged in a futile
exercise since two years as we had also engaged the FTO who worked on a
report in the pursuance of court orders.
Chief Justice also said in his remarks that now it would be the
responsibility of NAB to probe the matter, adding, that exporters,
transporters and Customs authorities were allegedly involved in the
containers movement which were containing goods cleared without charging
Customs etc on the pretext that goods were meant for ISAF-NATO forces.
Instead of taking the goods to Afghanistan it were allegedly delivered in
Peshawar and Chaman, the CJP said in his order.
During the proceedings, Deputy Prosecutor General NAB Fouzi Zafar
read out a report pertaining to the Bureau inquiries detail in the case saying
in the first phase NAB was referred a total of eight complaints from FBR
probe committee against eight clearing agents and others, containing 10012
containers and involving an amount of Rs19.098 billion in the shape
allegedly evading duties and taxes. He informed that as many as 13
complaints against 26 clearing agents and others, involving 11979 containers
with alleged revenue loss of Rs22.772 billion along with four other
complaints against 237 clearing agents involving 6811 containers were also
sent by FBR to NAB.
66

DPG further apprised the bench that the NAB also called record from
Pakistan Railways and NLC to confirm the transportation of the containers
to the destinations. He said that after receiving the complaints in second
phase, record of 24 clearing agents out of 26 was examined, adding, that in
the cases of non- commercial cargo notices to 39 clearing agents were issued
against which 23 agents appeared before the NAB so far. While giving
details of adjudication proceedings by the Customs Department, DPG NAB
told the bench that the adjudicating officers of Customs Collectorate at
Karachi have issued about 11143 show-cause notices involving 28615
containers to the clearing agents, importers, NLC and others related to
containers, reported as missing by Probe Committee.
On 29th March, NAB arrested Railways GM Operations Saeed Akhtar
just after three days of his reappointment by the PM on the key post. Akhtar
is considered very close associate of Railways Minister Haji Ghulam Ahmed
Bilour. Gilani had reappointed him as GM Operations on a one-year
extension which was likely to be extendable for another year. He has been
hired as GM thrice.
Akhtar was arrested over alleged misuse of authority and other
charges in relation to a multi-billion scrap scandal. The NAB, on the orders
of the Supreme Court, had initiated the investigation into alleged disposal, in
clear violations of prescribed rules, of 39,000 metric tons of scrap valued at
more than Rs300 million. It was claimed that when the tenders were
awarded, the rate of scrap was around Rs37,000 per metric tonne, while the
Railways auctioned it for Rs28,700.
Some accused, including the PR officials and contractors, had already
been arrested and some were released on bail after depositing back the
plundered money. Railways Minister Ghulam Ahmed Bilour and former
secretary Samiul Haq Khilji were also named in the scrap scandal. NAB has
established a Special Operations Division to investigate the cases against
Akhtar.
However, Akhtar was refuting allegations against him, saying he had
no role in the scrap issue and was innocent, as all charges were baseless.
Akhtar is considered a pioneer in introducing public-private partnership in
the utility. He started two trains, Business Express and Shalimar Express,
with the cooperation of private companies. He enjoys a good reputation
among majority of the PR officers.
Next day, the Supreme Court announced the much awaited decision
on one of the mega corruption scams of Zardari regime. Declaring all RPPs
67

illegal, the apex court ordered their immediate shut down, besides directing
for initiation of legal action against former federal ministers Liaqat Jatoi and
Raja Pervez Asharaf, and all the others responsible for bringing the countrys
effectively working sector to its knees. The court also directed the
government for taking effective steps to arrest corruption and pilferage in the
power sector.
The court directed NAB chairman to proceed against ministers for
water and power holding charge in 2006 and onward and from 2008 to
onward, during whose tenure the RPPs were approved/set up and minister as
well as secretary finance holding the charge when the down payment was
increased from 7% to 14% and submit fortnightly progress report to
Registrar for perusal in chambers.
The court observed that prior to the introduction of RPPs, the
electricity generation system had sufficient potential to produce more
electricity, but instead of taking curative stepsbillions of rupees were spent
on Bhikki and Sharaqpur RPPs, which proved complete failure because the
object could not be achieved as the shortage of electricity persistently
continued, and yet more RPPs were installed. The verdict further holds the
finance ministry, Wapda, Pepco and Gencos responsible for causing huge
losses to the public exchequer, which run into billions of rupees by making
7% to 14% down payments to RPPs and purchasing electricity on higher
rates from them.
All the functionaries of Pepco, Gencos, PPIB and Nepra who derived
financial benefits from the RPPs contracts are, prima facie, involved in
corruption and corrupt practices, therefore, they are also liable both for the
civil and criminal action. Consequently, they are liable to be dealt with
under the NAB Act-1999 by the accountability bureau.
The court lauded the role of Faisal Saleh Hayat and Khawaja Asif for
highlighting the corruption and corrupt practices in RPPs contracts. But, it
observed: It is the constitutional requirement that every action of
governmental authorities should be aimed at socio-economic development of
the country In terms of the constitution and the Act, the Nepra is
mandated to safeguard the interests of the consumers, but the concerned
officials of Nepra failed to perform their duties diligently.
The Economic Coordination Committee decision dated September 10,
2008 has been violated blatantly, the court noted, saying that as per latest
report, Karkey and Gulf are producing only 31 to 81MW and 51 to 61MW at
an average cost per unit kWh of Rs35 to Rs52 and Rs18 to Rs19 rupees
68

respectively. Thus, it is clear violation of the rights guaranteed to the citizens


in terms of Articles 9 and 24 of constitution and the Power Act, 1997.
The court observed that on accepting the ADBs report, 9 out of 19
RPPs were allowed to operate. But 6 out of 9 RPPs were discontinued either
having been signed off or having failed to achieve the target COD whereas
remaining RPPs, Karkey, Naudero-I and Gulf are functioning, but they are
producing electricity much less than their generation capacity, except Gulf
which is producing electricity close to the agreed capacity.
PPR (Piranghaib, Multan) has not generated electricity at all, although
down payment was made to it, which has not been returned. As far as
Reshma is concerned, though it achieved partial COD, but the same was not
accepted by Nepra. Bhikki and Sharaqpur were paid exorbitant rentals in
billions, but generation of electricity was much below the agreed capacity.
The court directed the authorities concerned to take steps for
recovery of the amounts with mark up outstanding against the RPPs whose
contracts have been signed off or who had failed to achieve COD within the
stipulated time in terms of the performance guarantees. Naveed Qamar said
that the National Transmission Dispatch Company would release notices of
termination of contracts to all RPPs the same day in line with the Supreme
Courts order.
During hearing of another case, Chief Justice expressed his
displeasure over the progress of Sonia Naz rape case submitted by Punjab
police and observed that if the Supreme Court could summon the Prime
Minister, it can also summon the Punjab Chief Minister. The bench
reprimanded the Punjab police officials for changing their stances over
whereabouts of the accused (retired and serving officers) involved in the said
rape case.
Defiance of judiciary: On 24th March, the PML-N chief told the
media that his party will take on the PPP-led regime to make it obey the
court directives. We will take to account all those who have made plans to
flout the court orders, Nawaz warned while deploring the apparent
disrespectful treatment being meted out by the government to the judiciary.
On 26th March, Barrister Gohar, an associate of Aitzaz Ahsan,
submitted an application for adjournment of the contempt case at least for a
week. He informed the court that Aitzaz Ahsan was sick with food
poisoning, thus was unable to travel. The court disregarded the application
and adjourned the hearing for till tomorrow.

69

Had he listened to us, he would not have been struck with the foodpoisoning, Justice Nasirul Mulk remarked while smiling. Barrister Gohar
replied that it was a sheer coincidence otherwise he never missed his duty in
his 40-year stint with the courts. It is worth mentioning that Aitzaz Ahsan on
the last date of hearing had prayed the bench to adjourn the case till first
week of April. He then requested adjournment for three to four days. The
court did not agree with him on that point as well.
Next day, Aitzaz complained to the bench that previous day he was
suffering from food poisoning but whatever the bench remarked, which
appeared in the newspapers, had hurt him. The bench had advised Aitzaz to
take heavy dose to ensure his presence before the court. The PPP leader said
he was unable to continue his arguments, adding, due to his sickness he
could not attend joint session of the parliament too, which was very
important. Justice Nasirul Mulk asked Aitzaz to complete his arguments in
five days. The counsel replied: I cant make promise but would try. The
Supreme Court adjourned the hearing of the contempt of court case against
Prime Minister till April 12.
On 29th March, during the hearing of the NRO verdict implementation
case, the court said that PMs not writing letter to Swiss authorities despite
its clear and unambiguous order of March 8 could lead to another contempt
of court case. Justice Nasir said the PM defence that he acted on the advice
of the secretaries, is no longer valid as they had passed specific order to PM
regarding the matter.
Instead of submitting a report regarding the implementation of order
through his secretary, the PM on March 21 through AG wrote an application
to the court wherein he refused to write to the Swiss and conveyed the court
to take up this matter after the final decision on contempt of court
proceedings. Justice Gulzar said if the PM does not comply with the order, it
would aggravate the situation.
Justice (r) Tariq Mehmood talking to media said that prime minister
this time has ridiculed the judiciary in various public gatherings in
Bahawalpur and Mailsi. This time he is defying the court order intentionally.
Tariq Mehmood said this time the contempt would be on the face of the
court that would attract judicial contempt. He said the court may exercise the
third option of setting up a judicial commission, which would execute the
relevant parts of the original judgment of 2009 on NRO.
Taming the military: On 25th March, Fazlur Rehman also took shot at
the Army saying that the establishment has obstructed the JUI-Fs way and if
70

it doesnt get out of its way then it will be responsible for any discord that
takes place. Addressing the Islam Zindabad Conference in Peshawar, he said
that the amount of money spent on education and health in a year is less than
what is being spent on the armed forces in a day. Hinting at the armed
forces, he said, We do not want deductions in anyones budget, but why
should a common man remain deprived of basic rights like education and
health?
On 30th March, the Supreme Court during hearing of petition filed by
Asghar Khan reminded the AG that he was ordered in the last hearing to get
instruction from the IB about the veracity of a news item appeared in an
English newspaper, which claimed that Rs270 million were allegedly used
by the civilian spy agency to dislodge the Punjab government in 2009. The
reporter of the newspaper, who filed the story, appearing before the court
claimed that besides other sources, ex-DG IB Tariq Lodhi had confirmed
about the funds.
The attorney general said the IB DG wanted to brief the court on the
money in-camera. But the chief justice asked him to submit the request in
writing, as he (AG) had neither confirmed nor denied the story and directed
him to call the IB chief to appear before the court in half an hour and to
explain his position. IB DG Aftab Sultan, while appearing before the court,
said the inventory, which contained the detail of spending, was not with him;
therefore, he could not confirm nor deny the report at the moment. He
further told the bench that they maintained the record of spent funds but they
did not mention the purpose.
The chief justice asked the DG why such a huge amount was spent,
saying, If you can brief the Public Accounts Committee (PAC) about the
expenditure, why you cannot inform us. The DG replied that the PAC only
asked about whether the money was spent or not. The DG requested the
court to give him sometime so that he could collect all the details to brief the
bench in in-camera. The court ordered the DG to submit a report in a sealed
envelope.
Earlier, the AG informed the court about the unavailability of Mehran
and Habib banks reports. The court expressed anger over missing reports of
Mehran Bank and Habib Bank after Attorney General (AG) Maulvi Anwarul-Haq informed the bench that the secretaries interior and law and justice
ministries had told him that the reports on the affairs in the two banks were
not available.

71

Justice Khilji said: The reports are very important; therefore, we cant
ignore them because they are relevant documents and seeing them is their
right as the judges of Supreme Court and High Court headed the
commissions constituted to probe the withdrawal of money from these banks
in order to give politicians to rig the elections. He further observed that the
reports were not provided to the court intentionally in order to create
hindrance in the proceeding of the case.
The chief justice said the reports were not made public as it contained
names of many important personalities. He observed that a notable persons
like Asghar Khan filed the petition against the two-army generals, as he had
many things in his mind. The court was informed that Lt-Gen (r) Asad
Durrani and Younus Habib had engaged Khalid Ranjha and Munir Paracha
respectively to plead their case in the court. The hearing was adjourned till
23rd April.
Recessing economy: On 24th March, it was reported that despite a ban
on issuing new licenses to CNG stations since 2008, OGRA admitted, in an
in-camera briefing to a parliamentary panel, issuing 523 licenses. The
unregulated rise in CNG consumption is directly affecting the common
household and the industry.
Mian Nawaz Sharif threatened to launch a strong protest drive against
long hours electricity load shedding if the federal government will not take
action. In a statement issued, he said 15 to 20 hours daily load shedding
would not be accepted by the masses as well as the PML-N also.
On 26th March, a meeting of Technical Committee of IRSA held in
Islamabad reported 21 per cent water shortage expected as compared to
previous years in the early kharif season this year starting from April 1 to
June 10. The agriculture sector could face a jolt due to expected water
shortage in the country. The country would have to face water shortage this
year due to low water level in dams. It is worth mentioning here that the
government this year emptied dams to generate electricity instead of
providing fuel to Independent Power Producers.
On 31st March, Ogra issued separate notifications of hike in oil and
CNG prices to be effective from 1st April. The government raised per litre
price of petrol by Rs8.02, high speed diesel (HSD) Rs4.70, kerosene oil
Rs5.29, high octane blending component (HOBC) Rs8.94 and light diesel oil
(LDO) by Rs5.45 per litre. The price of petrol has thus jumped up to
Rs105.68 per litre from Rs97.66, LDO Rs98.74 from Rs93.29, kerosene oil

72

Rs101.96 from Rs96.40, HOBC Rs135.81 from 126.87 and HSD to


Rs108.16 from Rs103.46.
CNG price has been increased by Rs11.57 per kg in Region-1 and by
Rs9.93 in Region-2. Thus the price has been increased from Rs77.13 per kg
to Rs88.70 per kg in KPK, Balochistan and Potohar Region (Rawalpindi,
Islamabad and Gujar Khan) and form Rs71.05 per kg to 80.98 per kg in
Sindh and Punjab (excluding Potohar Region). The government has imposed
20 per cent Gas Infrastructure Development Cess (GIDC) on CNG in a bid
to collect revenue for gas pipeline projects including IP and TAPI. The price
of CNG has also been brought at 55 per cent parity of petrol.
Accepting an offer from Chief Minister, Prime Minister Gilani
announced convening of National Energy Conference in Lahore on April 9.
The conference is an effort to discuss various possible solutions to the
energy crisis, which has stifled the national life and invited the public fury
across the country. Gilani said all stakeholders have been invited to this
important gathering and they must give their input because it was in the
national interest to solve this problem.
He mentioned that business community in Punjab was facing energy
shortage and voicing their concern over it, therefore, the province was
selected for holding the conference. The conference in Lahore would give
the message to the people that government is serious about resolving the
issue, he added. The prime minister has already directed the technical subcommittee of the Energy Committee to remove bottlenecks in import of LPG
to help the country meet its energy needs.
Instead of telling what his own government did about the energy
maladies, he was satisfied at taking refuge in history and portraying bringing
in of Independent Power Producers (IPPs) as an accomplishment of first
Benazir government in 1994. He lamented criticisms at this achievement of
his partys former leader. He even said that one major cause of present
energy shortage was making of corruption cases against Benazir Bhutto and
taking the matter to the courts. This, he said, scared away the IPP investors,
forcing them to flee Pakistan.
Next day, there was strong reaction to the whopping increase in the
prices of petroleum products with traders and transporters delivering
ultimatums, and political parties gearing up for massive protests. The PMLN, while rejecting the recent increase in oil prices, will boycott the meeting
of PCNS on 2nd April in protest and will hold a protest rally on Wednesday.
This was announced by Nisar Ali Khan in a statement, which said that the
73

recent raise in the POL prices was injustice with the poor masses of the
country as it would bring more inflation. Nisar said if the government did
not change its behaviour, the masses would come to streets and would
launch a countrywide agitation against the government. He added the people
would not accept the recent raise in the POL prices and would start
movement against it.
MQMs Coordination Committee expressed its grave concern over the
sharp increase in POL prices saying it was gross injustice to the people of
the country. The committee demanded of the government to take back the
increase in the POL prices immediately. PTI Sindh President criticized the
decision saying government was not interested to address problems of the
masses. Jamaat-e-Islami Sindh Chief denounced the increase in CNG and
POL products.
The traders in Karachi have given an ultimatum of three days to the
government to withdraw increase in petroleum prices. They threatened the
government to launch civil disobedience movement in the first phase while
business community in Peshawar has also issued an ultimatum of 72 hours
to the government. The manufacturers and the trade leaders have termed the
move as the last nail in the coffin of business activities in the country.
All Pakistan Textile Mills Association central chairman Mohsin Aziz
observed that due to high cost of production the local industry would be
wiped out absolutely from the region. He said the country had already lost a
number of international markets to China, Bangladesh and India due to high
cost of doing business and the decision to increase power tariff would make
the Pakistani goods more uncompetitive. He opined due to ongoing energy
crisis and hike in fuel prices the country had lost three per cent of its GDP.
All Pakistan CNG Association (APCNGA) has asked the government
to review the decision saying it would put extra burden on masses especially
commuters. Paracha said Pakistan was the leading CNG user in the world
with approximately 4 million vehicles both public and private using locally
produced fuel. Criticizing the government decision, he said the government
during last few months had increased CNG prices by Rs16 per kg, adding its
price was Rs44 in July 2008 which reached Rs78 per kg in March 2012 and
after the current hike it would hit almost Rs90 per kg.
Meanwhile, All Pakistan Transport Owners Federation (APTOF) has
decided a 5-10 per cent increase in fares on inter-city routes. APTOF
Secretary General said that a notification had also been issued in this regard

74

and it would be implemented from the very next day. However, management
of PIA and Pakistan Railways will take decision after working out the issue.
Meanwhile, the country kept suffering from an acute power crisis and
despite tall announcements and claims by the government. The power
demand in the country was 14,000 mega watts but the supply way below at
just 9,000 mw thereby a shortfall of 5,000 mw. There is as much as 12-hour
load shedding in the big cities while smaller cities are reeling from as much
14-18 hours of longish and unannounced load shedding. Furnace oil in
required quantity is not being supplied by the government to the power
producers and thus there has been no increase in power generation.
Prime Minister Gilani in his talks with Chinese Executive Vice
Premier called for setting up an umbrella Pakistan-China Power
Cooperation, which would include specialists and entities in a range of
energy fields. The prime minister singled out energy cooperation between
the two countries as being of particular importance in Sundays talks,
underscoring Islamabads keenness on securing greater Chinese investment
in hydropower, and particularly civilian nuclear energy projects.
State-run Chinese nuclear energy firms are currently in talks to set up
three 1,000MW nuclear power reactors in Pakistan two at the Karachi
power complex and another reactor at Chashma, where Chinese firms have
already built two reactors and are in the process of constructing two more.
Gilani also called for the early materialization of an MoU signed
between Pakistan and the China EXIM Bank in 2009 for US $700 million
credit for building dams in Pakistan, which has been slow to take off. He
sought cooperation from the Chinese side on the Iran-Pakistan gas pipeline
project.
Provincial disharmony: On 25th March, hundreds workers, unwaged
by 18 hours long power cut, held a protest against load shedding in
Faisalabad and blocked Samandri Road. They also shouted slogans against
the government. SSP Operation Sadiq Doggar reached there for dialogue but
did not dare to discuss the issue with angry mob and ultimately returned.
The electricity shortfall increased to 6500MW forcing power
shutdown in many cities. Residents of Lahore burnt tyres on the road during
a demonstration against electricity load shedding while defiant traders
blocked main Mall Road. Gujranwala residents came out on to the streets
burnt tyres and disrupted traffic on main GT Road. Police resorted to aerial
firing and hurled teargas shells to disperse them while the agitators pelted
stones.
75

Punjab Chief Minister reiterated his earlier statements on load


shedding, as he talked of injustice being done with Punjab regarding power
outages and vowed to come out with a strategy to overcome the problem. He
said entire Punjab including provincial metropolis had been plunged into
darkness and shortage of electricity was falling on the people like lightning.
Zardari was pleased to take note outages and protests and issued
directives for clearance of Rs152 billion bank guarantees for the IPPs. The
president also directed for immediate payment to IPPs, oil and gas
companies. The Sui Northern Gas was directed to start gas supply to 10
power plants by stopping it to other industries.
Next day, one person was killed as a security guard opened fire on
angry protesters who attacked a petrol pump in Lahore, as people came out
on streets against unending power crisis which paralyzed life across Punjab.
Violent protests were also reported from Faisalabad, Bahawalnagar,
Gujranwala, Kamalia, Rawalpindi, Multan and other towns and cities.
Amidst worsening power supply, traders and industrialists in Faisalabad and
Sialkot have announced to shut down the industries and markets tomorrow.
Police registered separate case against some 250 people on account of
destroying public property in Faisalabad.
PEPCO Managing Director Rasul Khan Mehsud told the reporters that
shortfall would be brought down to 3,000 during the next two days, adding
that outages would decrease to four hours in the cities. The Ministry of
Water and power also claimed to resolve the crisis within 24 hours, saying
the current crisis was due to annual renovation and mechanical faults in the
power plants.
The Parliament witnessed rumpus over the load shedding issue when
some members from the treasury and opposition (PML-N) criticized the
government. Chaudhry Nisar warned the PPP-led government to resolve the
issue of load shedding in 48 hours; otherwise, protests would be launched on
the roads of the country. He also asked the government to give time to the
masses for depositing bills as extra surcharges were included in the bills.
In response to the speech of Nisar, PPP Chief Whip Syed Khursheed
Shah said the power outages were not a problem of Punjab only, adding that
the government was working on Thar coal and the load shedding issue
would probably be reduced by 2015. We need cooperation of the Punjab
government for ending power load shedding as it would be reduced by
around 40 per cent in 2013.

76

He further criticized the Punjab government for not generating


electricity in the province as it wasted money only on Tandoor Programme.
The Punjab government is a defaulter of Rs120 billion, he remarked. He
asked the Supreme Court to take suo moto action on the issue. These
comments infuriated the PML-N members. Ahsan Iqbal said the Centre was
creating hurdles in the way of power-related projects of the Punjab
government.
On 27th March, in Lahore, citizens experienced no reduction in load
shedding, which resulted in violent protests in several. The owners and
workers locked all industrial units and came out on the streets in Faisalabad,
where a complete shutter-down was observed. Farmers also joined the ongoing protest, as they also organized rallies in various towns and cities to
denounce government over its poor economic management. The Lesco chief
executive officer said they had temporarily stopped taking fuel adjustment
charges from consumers on the directive of the Water and Power Ministry.
The Sunni Ittehad Council also announced countrywide protest
against power outage on Friday. It is learnt that traders and the PML-N
MPAs also held a meeting to devise a plan for the long march against the
outages. Interestingly, after the announcement made by Chief Minister
Shahbaz Sharif to lead the long march against outages, provincial law
minister Rana Sanaullah Khan and two MPAs, also led the rallies. Traders,
farmers, lawyers and people belonging to different walks of life also
observed a shutter-down and took out rallies in Hafizabad and Mailsi.
On 29th March, Nawaz Sharif said the central government was acting
with mala fide intensions and victimizing Punjab with planned loadshedding to destroy the business, especially the industrial sector, in province
out of sheer vengeance. In Khanewal, Nawaz said the country could not
expect development in current deteriorating electricity and gas supply,
inflation, unemployment and poor law and order. Nawaz said Pakistan
should buy electricity from India to overcome a crippling energy shortage if
provided at an inexpensive rate.
Prime Minister Gilani directed the Finance Ministry to immediately
release Rs6 billion for payment to the generation companies for enhanced
power generation. He further asked the Ministry of Petroleum and Natural
Resources to take immediate steps for provision of natural gas to the power
plants so that load shedding hours could be minimized after addition of more
electricity in the system.

77

He said resolution of the energy issue was the top priority of the
government and in this regard every step would be taken. Gilani said energy
shortage was the main obstacle in way of foreign investment in the country.
Water and Power Minister Syed Naveed Qamar briefed the meeting about
current energy shortfall and the steps taken so far to rationalize load
shedding.
Next day, Javed Hashmi, addressing party activists in front of Wapda
House, after leading a protest rally against load shedding in Lahore said that
it seemed difficult that the corrupt rulers would allow a party which believed
in bringing a real change in Pakistan to make the next budget. While
asserting that the next budget would be another anti-masses budget, Hashmi
maintained that the rulers whether in Islamabad or Punjab were bent upon
eliminating the working classes.
He said that the PML-N could not defend itself by taking out mere
protest rallies against load shedding and constituting energy board, as
managing energy had also become a responsibility of the provinces after
passage of the 18th amendment. Khursheed Kasuri said that the current ruling
coalition had never made any sincere efforts to provide relief to the common
man; instead, it kept busy in looting and plundering the public funds through
various unwise plans, which include the rental power projects.
On 31st March, PML-N rally against the federal government for
unequal electricity load shedding in the province and hike in power tariff got
mix response which was evident from low turnout of participants. The rally
was led by MNA Hamza Shahbaz Sharif. The protest rally started from
Muslim Masjid and concluded at the Bhaati Gate. The rally was a gesture of
what the PML-N called a long drive against the failed government policies
which crippled the country in the form prolonged load shedding affecting the
industrial and domestic sectors of the province, wherein the PML-N rules.
The turnout of the people in the City, where the PML-N commands 11
National Assembly seats of the total 13, was low giving it a disordered look.
The gathering was scattered and in a conservative estimate did not meet
double digits in thousands. Although exuberance and zeal of the people was
high, it did not match the usual spirit of the party worker in this core point of
the City, which is considered invincible citadel of the PML-N.
Hamza in his tirade against President Zardari asserted that the
presidents days in power were numbered. While cautioning the government
of the dire consequences, Hamza said that only Punjab was being made the
victim of prolonged power cuts. He amid loud slogans of the crowd blamed
78

the federal government for plundering and looting national wealth and
paying no heed to the problems confronted by the masses.
Baloch militancy: On 24th March, five people, including a woman,
were killed in separate incidents of firing in the provincial Quetta. Two
devotees were killed and nine others, including women and children,
sustained injuries when their vehicle was attacked by a group of armed men
in Kohlu district.
Next day, two people were shot dead in different cities of Balochistan
on Sunday. In one incident, unidentified armed men opened indiscriminate
fire on a truck carrying marbles in Suraab area of Kalat district, some 160
KM southeast of Quetta. As a result, truck driver Abdul Shakoor received
multiple bullets wounds and succumbed to his injuries.
On 27th March, Balochistan Cabinet decided that no stone would be
left unturned to make the province abode of peace and in order to achieve
this goal effective coordination between elected representatives and lawenforcement agencies is needed to be enhanced. The Chief Minister stated
that all possible steps would be taken for the security of people and their
property, rule of law and elimination of anti-social elements.
It was decided in the meeting that special focus would be paid on
police to boost its morale and it would be given free hand to take action
against anti-social elements. The Cabinet strongly dispelled the impression
that government is not making efforts for the restoration of law and order in
the province and decided that the performance of government institutions
would be improved so that this impression could be removed.
The Cabinet described incidents of kidnapping for ransom as a big
challenge for the government and vowed to cope with it effectively.
Required resources will be provided to police and Levies Force so that their
performance could be improved, it stated. The meeting was informed that
approval has been issued for purchasing of latest equipment for police and
stern action would be taken against criminals without any discrimination.
Home Minister Mir Zafarullah Zehri once again said that three
ministers were involved in kidnapping for ransom in the province. The home
minister said he had also informed the provincial cabinet during the todays
meeting and also disclosed the names of ministers. However, he said a
coalition was running the Balochistan government, which had some
compulsions; therefore, the ministers involved in kidnapping for ransom
cases were not being revealed. Meanwhile, a bullet-riddled body was found
in Dasht area of Mastung district.
79

On 29th March, eight people, including a woman and two local UN


employees, were killed in separate firing incidents in Quetta and Mastung.
In the first incident, the gunmen on motorbikes opened indiscriminate fire on
a van carrying Shias from Hazard community in Quetta, killing five people.
The assailants swiftly fled the scene. Preliminary investigation reports
suggested that it was a sectarian attack.
The killings of Hazara community members sparked violent protests
and protestors torched a Wasa tanker, a vehicle, a motorbike and an underconstruction girls college. Hazara Democratic Party announced a black day
and a shutter down strike in Quetta on Friday while Tahafuz-e-Azadaran
Council announced three-day mourning. No group has claimed
responsibility for the attack.
In another incident, unidentified armed men also shot dead two
workers of UN Food and Agriculture Organization in Mastung, while the
third person received bullet injuries. It was not immediately clear why they
were targeted and so far no one has claimed responsibility.
Next day, a complete shutter-down strike was observed in Quetta
against killing of members of Hazara community. Dozens of people staged
demonstration at Hazara graveyard condemning the killings and demanding
for immediate arrest of the culprits. Protestors said that the members of
Balochistan Assembly had adopted a criminal silence over the killings of
Hazara people and added that there was a conspiracy against Hazara people.
A main pipeline, supplying gas to purification plant exploded in Dera
Bugti district. However, no group has claimed responsibility for blowing up
the pipeline so far. In another incident, an official of Civil Defence was
wounded when explosives planted with a power pylon in Sibi exploded.
On 31st March, Balochistan government canceled the licences of 27
private security companies and sealed their offices. The provincial home
department also directed 18 companies to improve their performance and
resources. The department scrutinized 10 private security firms out of which
27 companies did not submit any record; 65 firms got extension after
submitting their documents.
IGFC Balochistan said the son of Khan Kalat Prince Muhammad
Ahmedzai, while expressing his concern over the situation prevailing in
Balochistan, had assured him to bring his father back into the national
mainstream politics. He said FC along with police carried out search
operation on March 20 in Quetta and arrested 104 accused persons involved
in incidents of targeted killings, kidnapping for ransom, car snatching and
80

other incidents. Referring to law and order, the IG FC said 107 people,
including FC and police personnel, were killed in 313 acts of terrorism and
most of the casualties were reported in Quetta, Dera Bugti and Sibi; 39 gas
pipelines and four power pylons were blown up in different incidents.
He informed reporters that five FC personnel were killed in Dera
Bugti because one of its member had contacts with terrorists, adding that 14
others were martyred in the Marwar area besides abduction of three, whose
dead bodies were recovered later. He said in another incident, over 40
terrorists, who had come from Waziristan, attacked a FC check post in Zhob
district that resulted in death of three personnel while four others were
snatched away.
Khattak said during the past three months, 66 people had been
kidnapped from different parts of Balochistan for ransom. He told journalists
that a survey on new gas reserves in Sui, Kharan and Barkhan had been
completed and work would soon be started on these projects, extracting gas
in a large quantity. He said survey was also conducted in these areas in the
past too, but efforts failed twice due to poor law and order, adding that work
on coal project was smoothly underway.
Turf war in Karachi: On 23rd March, Federal Interior Minister
announced that a grand operation will be initiated soon against extortionists
in Karachi. Malik said that five to six people had been placed on the ECL
after a list was provided by the IGP Sindh. He said that criminals who have
been placed in the ECL have no association with any religious outfit.
Meanwhile, three people were killed in separate incidents in the
metropolis. The protests of the supporters of banned Peoples Amn
Committee entered fourth consecutive day against police operation, arrests
and registration of cases against the PAC activists. The violent protest
caused suspension of commercial activities in Lyari and its surrounding
areas when unidentified men from the protestors attacked the law enforcers
with over two dozen petrol bombs.
Next day, a policeman was killed while another sustained bullet
wounds when one of the vehicles of MQM-H chief Afaq Ahmeds convoy
came under armed attack in the Landhi area that also left a party activist
injured. The SHO said the vehicle was used by the MQM-H chief and the
victims were heading towards a fuel station before leaving for Hyderabad
with the party chief. Afaq Ahmed cancelled his all engagements and visited
the JPMC to meet the injured.

81

A former president of Malir Bar Association (MBA) and his young


son were gunned down in a yet another incident of targeted killing on
Saturday within the precincts of Malir City Police Station. Authorities
suspect that the killings are sectarian in nature and investigation is underway
to capture the assassins. Pakistan Bar Council Karachi strongly condemned
the murder of Salahuddin Haider and his son Ali Raza Haider, Advocate.
On 26th March, eight men were arrested in connection with the attack
on a Mushaira organized by the MQM in Clifton area on 25 th March.
Earlier, several ANP workers were booked in the attack case, after one of the
attackers killed in the shootout was found to be affiliated with the ANP.
Residents of Shirin Jinnah Colony, Neelum Colony and Shah Rasool Colony
staged protests against the killing of Kamran and arrest of the ANP men.
Next day, gunmen and arsonists went on the rampage in Karachi,
killing at least 11 people and setting 45 vehicles alight. More than 15
persons were also injured in the violence. The killing spree started when
gunmen along their alleged gang leader Ahmed Ali Magsi barged into the
house of MQM sector member Mansoor Mukhtar in the PIB Colony and
resorted indiscriminate fire, resulting in his on the spot death. His brother
Maqsood Mukhtar was also killed in the attack, whose wife Uzma sustained
bullet injuries.
Law enforcement agencies vanished from the area when the gunmen
killed Mukhtar. Police high-ups suspended the SHO PIB Colony and
registered a case against Ahmed Ali and his accomplices. Law enforcers also
claimed to have captured over dozen miscreants from different areas and
started surgical operation for more arrests.
Incidents of violence were also reported from Sindhs other cities
including Hyderabad, Sukkur and Nawabshah as MQM observed mourning
over the killing of its sector commander and his brother. Sindh Home
Minister Manzoor Wasan took the notice of killings and constituted threemember committee to probe into the incidents.
Rehman Malik said his ministry had placed the name of Ahmed Ali,
member of banned Lyari Aman Committee, on the Exit Control List (ECL)
along with four others after the MQM had accused him of murdering their
workers. Malik said action would be taken against criminal elements in
Karachi, saying that a joint team comprising ISI, IB, FIA and Special Branch
would investigate the killing of Mansoor Mukhtar and would submit the
initial report within 48 hours.

82

On 28th March, the target-killing of ANP worker spurred a new wave


of violence in Karachi, claiming lives of six more people and torching
another 12 vehicles. ANP ward incharge Zainullah Khan and Sajid Hassan
Zai were on their way to Patail Para after meeting with Muhammad Khan
Afridi at New Karachi when gunmen sprayed them with bullets. Zain
succumbed to injuries before reaching hospital while Sajid was in critical
condition. Following the killing of Zain, unrest spilled over to various areas
of the city,
The debate on recommendations on reviewing terms of engagement
with the US was once again hijacked by worsening law and order situation
in Karachi. Taking floor on point of order, Senator Mushahid Ullah Khan
said that the PML-N activist was shot dead when a strike was being
observed over the killing of MQMs worker in the port city of Karachi.
People present there at the time of the incident blame that an MQM member
shot him dead when he refused to observe shutter down strike, he said,
adding that the murderer should be arrested immediately.
Saad Rafique said that there was dire need of unity among the
coalition partners of the government in Karachi. We can observe walkout on
this issue, but I appeal to authorities concerned that whosoever violate the
law should be punished. On this Haider Abbas Rizvi said that anybody
involved in violence should be punished. I strongly condemn it and appeal
to Rehman Malik for across-the-board action against criminals.
Speaking on the same issue, ANPs Ilyas Bilour said they had been
hearing tall claims of Rehman Malik but there was no visible
implementation. We will not tolerate any more as we have tolerated too
much. Senator Afrasiab Khattak said there was need for practical political
and other steps as only verbal order would not suffice. There is need to
tolerate each other, he added.
Responding to point of order raised by members of treasury and
opposition on Karachi issue, Interior Minister said that a conspiracy was
being hatched to destabilize Pakistan. De-weaponization is much needed a
thing in the country. Speaker Fehmida Mirza interrupted Malik during his
speech and asked him to inform about the progress of committee formed to
oversee the situation in Karachi.
Next day, Nawaz Sharif said the militant wings of some political
parties were responsible for the worsening law and order situation in
Karachi. Talking to newsmen in Khanewal, he said the no-go areas,

83

kidnapping for ransom and extortion were the gifts of the incumbent
government for the people of Sindh.
On 30th March, six people including a policeman and two political
workers were gunned down in separate incidents of violence in Karachi.
Most of the victims of targeted shootings during the day were Pakhtuns
which meant the killings were part of revenge. MQM leaders kept accusing
ANP and gave a call for a protest strike.
Next day, Chief Justice of SHC Justice Mushir Alam took notice of
the violence in the metropolis, which devoured many precious lives in the
past several days. According to Registrar SHC, the CJ has sought a report in
this connection from Inspector General of Police and Director General Sindh
Rangers.
President Zardari dashed to Karachi and ordered a crackdown against
the terrorists in the city, as at least eight more people were gunned down in
the current wave of killings in different parts of the metropolis, bringing the
death toll to 32 since March 27. All major business and trading centres
remained closed in response to the mourning call given by the MQM. Altaf
Hussain thanked people for strike and mourning.
On 1st April, ordering action against criminal elements in Karachi,
Interior Minister Malik visited tense areas of the city and vowed
indiscriminate action against those involved in the violence. Meanwhile,
police and Rangers conducted raids in Banaras, Qasba Colony, Bukhari
Colony and Orangi Town areas of the city, arresting at least two dozen
suspects. Talking to media later, Malik said whether political parties or
anyone else is involved in triggering hatred among people will be punished.

VIEWS
Next general elections: Although their timing will be decided by the
government keeping in sight the political situation, the next general elections
will be held in a much different environment than the ones held in 2008
because of the emergence of some new factors and arrangements that were
not there in the past.
The interim government that will supervise the electoral process will
be chosen both by the ruling party and the opposition, just like the Chief
Election Commissioner. Arrangements being made to obviate the possibility

84

of the use of bogus votes will make the polls fairer and more transparent,
after which nobody will be able to challenge them.
Then, parties which had boycotted the previous elections will be
taking part in the ensuing polls - better prepared and with greater public
support. The Pakistan Tehrik-i-Insaaf, the Jamaat-i-Islami, the Sunni Ittehad
Council will be putting up their candidates from their own platforms or in
alliance with other parties.
The presence of these parties in the arena will mean division of the
rightist vote, a situation that can be averted only if all rightist forces join
hands. If the PML-N takes these parties along, it will be serving its own
cause. Otherwise, these parties will be sharing the same vote bank, a
situation that will benefit the PPP Another new factor to be seen in the
next elections is the PPPs decision to take all its coalition partners along.
This means that the PML-Q, the MQM, the ANP and the PML-F will be
cooperating with one another, a situation that will go against the PML-N.
The PPP has been working with the MQM and the ANP in the past,
but this will be the first time that it will be cooperating with the PML-Q, a
party which was held responsible for the assassination of PPP chairperson
Benazir Bhutto and which Asif Ali Zardari had branded as Qatil League.
Leaders of both the parties claim that their electoral cooperation will help
them trounce the PML-N contestants.
This claim is being made despite the fact that the performance of the
ruling coalition has been simply disappointing The PTI, which has been a
non-entity ever since it was launched in 1996 and which had stayed away
from the 2008 elections, has improved its position after its October 30 rally
in Lahore. Many important political figures, previously working for other
parties, have joined hands Imran Khan PTIs position in south Punjab is
improving because of new entries Imran Khan is gaining popularity in the
region.
The Punjab would, as usual, be the province where the battle for
Islamabad would be fought. A party having greater number of seats from
here will stand better chance of ruling the entire country In the coming
elections, the PTI will play an important role in this region (South Punjab)
because people like Owais Leghari, Jamal Leghari from DG Khan and some
others from Multan and Rahimyar Khan have joined hands with Imran
Khan. This development will affect the PML-N, the PML-Q and the PPP
equally, although all three are trying to maintain their hold in their respective

85

constituencies. (Ashraf Mumtaz and Mubashir Hassan, TheNation 30th


March)
Waiting for democracy: So when does a democracy stop being a
democracy? Or can an elected government continue to disregard its
constitutional obligations to the people, add to their hardship in fact, and yet
claim itself to be a democracy? Even when it becomes clear that it is not a
case of the failings of a sincere government that would like to do something
good for the public but is unable to do it because of circumstances beyond
its control? Even when it is obvious that the government is acutely aware of
the anti-people consequences of its policies and actions, and goes ahead with
them for considerations that have nothing to do with the people, their
interests or democracy? Even when the entire democratic structure becomes
an anti-people monster, geared towards grinding petty personal axes and
making millions and billions on the side?
Should we, the people who witness this loot and plunder, be patient
and wait for democracy to start working for us some day? Should we
overlook the huge chinks in our democracy's armour because the worst form
of democracy is better than a dictatorship? Are these the only two choices
we have? Can we hope to move towards democratic governance without
seeing the present dispensation for what it is? In the democratically darkened
reign of Zardari's PPP, the Supreme Court is a ray of hope for those who
dream that one day there will be rule of law in our country, a system that is
truly representative and a government that serves the citizens. (Jalees Hazir,
TheNation 1st April)
Politics, public policy and judiciary: In Pakistan, power is now
seen as a shortcut to instant riches and state office is conceived as a conduit
for personal gains. Power holders have used authority to perpetuate their
rule, fill their offshore accounts by draining state coffers, abuse laws,
mismanage institutions and trample civil liberties. The ethical standards of
our rulers can be discerned from the fact that scandal after scandal has struck
current government, but instead of accountability, infringers have been
protected or worst elevated. In this situation, it is imperative for the judiciary
to expand its role and act as guardians and trustees of society.
Apart from Pakistan, Italy, Mexico, Argentina and Israel are some
countries where the judiciary has used its powers to improve governance
In Pakistan, many politicians are blurting that every state organ should
function within its jurisdiction, knowingly ignoring the fact that courts have
resorted to activism because our political process has failed to deliver and
86

provide a fair deal to the people. If executive and legislative branches of


government uphold the rule of law and do what they are elected to do,
perhaps, then we may expect all the state institutions to work in concord and
harmony. (Adnan Falak, TheNation 25th March)
Bench and the bar: Whilst it is true that the responsibility to manage
lawyers is that of the bar councils and not of judges, it was disappointing to
note the near absolute silence of the senior judiciary in the face of the
widening gulf and increasing mistrust between the bench and the bar.
Although the senior judiciary repeatedly maintained that the bench
and the bar were two wheels of the chariot of justice, it refrained from
openly admonishing the lawyers behaviour, providing safeguards to the
lower judiciary or even trying to understand the root causes of the situation.
Perhaps the senior judiciary felt beholden to lawyers for helping
restore their positions, perhaps it felt that the situation called for a gentler
more nurturing approach or perhaps still, it wished to rein in the executive
and to resolve other pressing national issues before it embarked on a crusade
for the reform of the profession.
The government took advantage of this hesitation on the part of the
bar councils and the judiciary. Increasingly beleaguered as it was by the
growing assertiveness of the judiciary and still haunted by the memory of
the collective street power of lawyers, it decided to provide support to
lawyers and thereby to win them over to its side.
In June 2010, the then law minister Babar Awan, chartered a
government plane to hurriedly distribute funds amongst lawyers ahead of the
Supreme Court Bar Association Elections. The results of this effort must
have been satisfactory to the government: lawyers, disillusioned, abandoned
and still poor despite their efforts, became easily divided and perhaps those
who benefited from the largesse of the government redoubled their efforts to
keep the judiciary under pressure.
The long-term solution to this multi-layered conundrum is merit,
clearly defined and rigorously enforced not for lawyers alone, but also for
judges. A well-educated and trained lawyer who enters the profession only
after the most careful scrutiny is unlikely to unnecessarily complicate his
cases or to resort to corruption especially if he faces a judge who is
impartial, skilled and honest in his dealings.
In the short-term, however, the only hope lies in the bench and the bar
recognizing that they need each other, if not for the high ideals of justice
87

then for their very own survival and in realizing this, taking a firm and
united stand against any misconduct within their ranks. If the bench and the
bar decide to safeguard their collective integrity, no government, no matter
how deep its coffers would be able to divide them. It only remains to be seen
who will take the first step to resolution. (Amber Darr, Dawn 27th March)
Ethics in intelligence work: Pakistan has many problems, including
terrorism, religious extremism, sectarianism, separatist movements and
ethnic and linguistic differences. In this scenario, who would keep the
government posted about these issues and check the excesses against the
state and the government? Obviously, the intelligence agencies, who being
the eyes and ears of the state need to have deep access in order to forewarn
the government.
Parliament must introduce the Intelligence Services Act and proper
guidelines for our intelligence agencies so that people can have full faith in
them. But it is a fact that, at times, laws are not enough to guide or limit the
activities of an intelligence officer. This is where intelligence ethics comes
in. These ethics provide a set of behavioural guidelines, based on beliefs and
views about the role of intelligence in society and interactions between
citizen and intelligence officer. Ethics begin where written laws and
regulations end, and provide a set of dos and donts to guide the activities
of intelligence officers. To begin with, it is imperative for the intelligence
agencies to take stock of their actual parameters and acquired powers in
order to see why and how they have been overstepping their mandate. In the
light of it they should develop a code of conduct for themselves. Albeit clear
rules, procedures and oversight are important first step and sine qua non in
the important endeavour to create intelligence ethics for a well functioning
and reliable intelligence community, new laws and reform in itself do not
automatically mean compliance and implementation. Ethics ought to be
inculcated in the intelligence officers in a manner that they may feel guilty
of moral slips whenever the code is breached. In addition to adhering to
legal parameters, however, the community requires to impose on itself a
feasible and precise code of ethics for creating a just intelligence
environment! (N Elahi, TheNation 30th March)
Power outages: The rage of the citizens, which has found expression
in protests, at the current load shedding, at the onset of spring, makes it seem
that the summer, when load shedding is at its worst, will see the citizenry
truly enraged. As the heat inevitably increases, fans, air conditioners and
other electricity-powered cooling devices will be turned on, thus causing the
demand to go up, and increasing the need for outages. This will cause
88

protests, if the current ones are anything to go by, and with Lahore,
Gujranwala and Sialkot already up in arms, the urban areas of Punjab are
already adversely affected.
The threat in Sialkot is indicative. Exporters, manufacturers and
traders bodies have threatened civil disobedience. It must not be forgotten
that the power outages mean that civic life as well as industry come to a
standstill. Not only does it mean that Pakistani consumers are deprived of
goods, but the country also loses export earnings which it uses to pay for the
fuel used to generate what little electricity it produces. Since industrial
workers are concentrated in cities, their unemployment automatically creates
a reserve which can be mobilized against the government. The government
itself should hope that the resentment is limited to the ballot box, not
expended in violent protests.
The government has only itself to blame for this predicament. If it has
been less focused on its own survival as an end in itself, and spent a little
time and energy on solving peoples problems, it would have done
something about ending or reducing the shortage, not worsening it, as it has
done by not countering the propaganda against Kalabagh Dam, whose
3600MW will not only be missed this summer, but also immediately. Power
projects are of long gestation, and thus have to be started well in advance to
yield results. The government has not started any other power projects which
might provide some hope of relief. It must remedy this before the elections,
and the best place to start would be to begin the Kalabagh Dam project.
(Editorial, TheNation 26th March)
Everyone knows we are confronted with an even tougher summer
than the one last year: less power, more to pay to Wapda. For the PPP
government the more worrying aspect should be that it cannot carry on with
an innocent face, blaming the lack of an adequate system, or even a future
plan, to deal with the electricity shortages on the Musharraf regime.
The PPPs shortcomings are all the more pronounced in the energy
sector given the high promises it had begun its latest stint with. There has
been news of some motley units added to the national grid but these do not
show in the supply. There is chaos in the power sector where the fate of the
distribution agency, Pepco, hangs in balance and no one knows who is
running the affairs and from where. The system is in a worse condition than
it was when this government came in.
Just as the PPP failure in the power sector is huge, the oppositions
failure to earnestly lead the protest against the shortage of electricity has
89

been questioned by the people at large. At long last Mian Nawaz Sharif has
decided to side with the people over load shedding and other real issues. It
is time for the mob to develop into a procession that is governed, bound and
nurtured by the rules of political protest. Trade organizations in Lahore and
elsewhere have announced shutdown strikes against load shedding and
electricity tariffs. A small improvement is not going to pacify the people.
(Ashaar Rehman, Dawn 27th March)
What policies has the administration put in place to deal with day-today supply management or to improve the state of the power sector? It
claims to have added over 3,000MW of capacity. But while there has been
some work on longer-term projects such as the Tarbela Dam extension and
Diamer-Bhasha, this governments tenure will be remembered as a time of
failed experiments with RPPs and rising prices coupled with crippling
shortages. Meanwhile, various ministers have over the last four years
claimed load shedding would be eliminated within months. The prime
minister said on Monday that unscheduled outages should be eliminated in
24 hours. These hollow claims only aggravate the publics anger by
minimizing the problem and inevitably resulting in unmet expectations.
Transparency about the nature of the problem, and honesty about what can
be done, would be a smarter political strategy.
Meanwhile, the opposition is grabbing an opportunity to criticize the
government, which it is well within its rights to do. But its responsibility
goes beyond making political capital out of the moment. A constructive
opposition would formulate its own proposed power policy instead of simply
calling for marches and having policemen stand by as Punjabs protesters
turn violent. Complaints without suggestions may weaken the government,
but they will not improve ordinary lives. (Editorial, Dawn 28th Match)
Though the governments penchant for going out of the way to
befriend India is no longer in question, the acceptance of the Indian offer to
supply 5,000MW of electricity does raise ones eyebrows. Reportedly, the
offer was made by Indian Prime Minister Manmohan Singh in a brief
encounter with Prime Minister Yousuf Raza Gilani at Seoul and was
accepted right away. That would certainly bridge the gap between the supply
and demand that hardly ever crosses the 5,000MW mark and, notably, the
commitment is immediate delivery
India could easily make Pakistans industry and life in general hostage
by withholding the supply of electricity. Rather, we should instead go ahead
with the Iranian gas pipeline project on a war footing, besides taking up
90

quick-fix power generation schemes and focusing on the exploitation of


nuclear, hydel and coal resources to have enough energy to meet the
countrys domestic, industrial and agricultural needs. The present crisis of
power should also wake us up to the reality that Kalabagh is a natural site
for a large reservoir that can go on feeding the national electricity grid and
agricultural needs of water for ages. (Editorial, TheNation 30th March)
Pakistan should explore all possible avenues of increasing electricity
generation and immediately go ahead with the Iranian gas project. At the
same time, the offer of supplying 5,000MW of power, no doubt tempting,
from India must be turned down because of its record of violating
commitments. The Energy Conference that according to the latest
information takes place in Lahore on April 9 to deliberate upon measures to
combat the crisis should prepare short-term as well as long-term plans to
forestall the possibility of its recurrence. It should benefit from Chief
Minister Mian Shahbaz Sharifs claim that, given the charge, he could
overcome the shortage in three years. The conference that would have
representation from all regions of the country must rise above parochial
sentiments and impartially consider how beneficial for the nation as a whole
would Kalabagh Dam be. We are passing through, as the Chinese saying
goes, interesting times. Only national spirit can help us deal with them
successfully. (Editorial, TheNation 1st April)
Verdict on RPPs: The Supreme Court has declared all Rental Power
Projects (RPPs) in the country illegal when announcing its 90-page verdict
on Friday about the cases of corruption practiced in their execution for
which a petition had been filed by Federal Minister for Housing Faisal Saleh
Hayat. PML-N leader Khwaja Asif later became a party to it. These
agreements, concluded by the federal government with the owners of RPPs,
were, the court maintained, non-transparent, illegal and ultra vires of the
Constitution
It is also worth recalling the Auditor-Generals observations made
earlier pointing to a minimum of Rs60 billion of bungling in the RPP affair.
He had brought out certain specific instances of undue favours made to the
owners or sponsors of the RPPs for which the ordinary consumer of
electricity had to bear the burden of excessive billing. For example, the limit
of four years set by the Economic Co-ordination Committee of the Cabinet
for these plants was exceeded by one year, which was estimated to have
caused a loss of Rs40 billion to the national exchequer. Besides, three plants
were accepted that had already run far in excess of the number of hours
fixed by the ECC. There was poor follow-up in a case resulting in the failure
91

to recover Rs7 billion from an RPP that had failed to deliver on generation
and the agreement had to be cancelled. There were other cases, no less
financially disastrous though, that had come to light. The ultimate paymaster
the poor consumer was left to wallow in suffering.
But resigning to the fate of excessive charges did not end the long
periods of load shedding; for the RPPs could not fulfill the promised
sufficient production of power to ensure its continuous supply. Though the
greed to line ones pocket has been evident in many government-run
institutions and would certainly have contributed to the high inflationary
spiral that refuses to come down, nothing has provoked as much public
outrage as the swindling done in the RPP deal. Yet nothing apparently has
worked with the authorities. Hopefully, the Friday verdict of the Supreme
Court would do the trick! (Editorial, TheNation 31st March)
Clash in the making: As the government is reported to have
prevented the National Accountability Bureau (NAB) from taking action
against any government functionary, in compliance with the Supreme Court
verdict on the Rental Power Projects (RPPs), another clash between the
Executive and the Judiciary appears to be inevitably in the making. Already,
the government stands accused of defying the court in its disregard of its
judgments on the National Reconciliation Ordinance (NRO), the Haj scandal
and several other issues. The latest attempt at stalling implementation of the
court's ruling about the RPPs under the pretext that the government and the
RPPs intend appealing against it is contrary to the principle that necessitates
immediate compliance with judicial verdicts. The court can, however, issue
orders holding its earlier decision in abeyance, but only if it feels, after
hearing the appeal, that the action appears to be serving the cause of justice.
According to some sources, NAB has maintained that it has not yet received
any written order from the apex court, which is necessary before any action
is taken.
From the judicial end, Chief Justice Iftikhar Muhammad Chaudhry
has categorically reaffirmed that the court would not permit any subversion
of the rule of law. No one would be allowed to rise above the law, he
asserted. Justice Chaudhry was not reacting, though, to the report that NAB
has been directed not to take action on the RPPs judgment. He was
addressing an event held by the Peshawar High Court Bar Association. But,
the contradictory stands of the two vital institutions of the state underline, on
the one hand, the governments persistent defiance of judicial verdicts and,
on the other, the Supreme Courts unflagging efforts to uphold the rule of
law. To add weight to his argument, if at all that was necessary, Justice
92

Chaudhry laid emphasis on the creation of a social order in which no one


could remain above the law.
Though the government never misses an opportunity to claim that it
would not let a clash of institutions to take place, it openly defies the
judiciary, which is in violation of specific constitutional provisions enjoining
its obedience. The defiance has already resulted in contempt proceedings
against the Prime Minister. Unfortunately, the ruling leadership is not
mindful of the serious ramifications of its refusal to obey the law for the
society as a whole that is already under great stress over the governments
failure to protect life and property. Unless the government reverses its
position about the role of the judiciary in governance, the law and order
situation would worsen. (Editorial, TheNation 2nd April)
Another brazen act: It is shocking to see the ideological trajectory
the provincial ANP government intends to adopt. After removing an essay
Quaid-i-Azam in Khyber Pakhtunkhwa, it has expunged two more literary
pieces extolling freedom movement and Pakistans ideology from 9th class
textbooks. The first one is Hakim Saeeds essay on the events and sacrifices
leading to the creation of Pakistan and the second one is Hafeez Jalandharis
poem Dara-e-Khyber. It is now becoming clear that the intention is to
make the next generation ignorant of the very basis of our demand for an
independent state, Pakistan: Two-Nation Theory and the sacrifices rendered
by the founding fathers of the country. It has also been reported that these
anti-Pakistan steps are being taken under an official of the Textbook Board
who happens to be an active member of the Bacha Khan Trust.
Concurrently in Punjab, the reports that Quranic Surahs and Sayings
of the Holy Prophet (PBUH) might be taken out from the Islamiat textbooks
are quite disturbing. It is unclear what might be the motive. There is
definitely a need for soul searching. While our education system needs
reform, removing all traces of Pakistan's history and identity from it is
farcical. The KP government must immediately reconsider this course of
action. (Editorial, TheNation 31st March)
Balochistan killings: Two separate incidents in Balochistan on
Friday, both involving assailants firing on vehicles, and both involving
multiple killings, illustrate the types of violence afflicting the province, quite
apart from the disappearances said to have been engineered by the agencies.
These are the deaths of five people in Quetta, members of the Hazara
community, and of another three, employees of a UN agency, in Mastung
The Quetta incident, in which seven were wounded, apart from those who
93

died, has been ascribed to the sectarian violence that has afflicted the city,
with the distinctive Hazara community also belonging to the minority sect,
prompting Balochistan Shia Conference President Ashraf Zaidi to address a
press conference. A different motive seemed to be at work for the Mastung
killings, where FAO employees were targeted. This would not be the first
targeting of UN employees.
However, it should be clear to all that the two incidents reflect badly
on the police, and thus on the government, whose ability to ensure a
peaceable life for the citizenry has long been rendered doubtful. The federal
government cannot escape blame If the incidents are investigated
seriously, not only must the Indian factor be investigated thoroughly, but the
federal government should enlist the USA, Indias close friend and
benefactor, that it must act to rein in India. The PPP governments in both
Islamabad and Quetta should realize that they have to improve their
performance. Irrespective of any political needs, the culprits must be
punished. So far, they have escaped identification, leave alone apprehension,
with punishment a far cry. The government should also realize that the sense
of deprivation the Baloch has, and which is exploited by foreign powers to
create mayhem like Wednesdays, is not a facile matter needing just
apologies or Aghaz-e-Huqooq-e-Balochistan packages to sort out. It has to
produce results and remove that sense of deprivation. (Editorial, TheNation
31st March)
Lyari operation: Resentment in Lyari over the ongoing Rangers
operation provoked clashes between locals and officials of the law
enforcement agencies resulting in the death of a labourer and causing serious
wounds to many others. The streets of Lyari literally presented a picture of a
battleground The situation in the city does call for an operation, but
restricting it to one area of extortion would not help. It must be carried out
without discrimination in all troubled spots. The countrys overall stability is
inextricably linked with this, our commercial hub, which necessitates extra
effort to make the PPP government weed out criminal elements. (Editorial,
TheNation 25th March)
Karachis tragedy: Tuesdays events prove that peace in Karachi is
only an illusion; it is not a permanent feature but a temporary arrangement
between the various forces wrangling for control of the city and its
resources. Organized violence has become part of the citys culture. Before
the latest incident, many people, unconvinced by the largely peaceful
conditions that had prevailed for some months, had been debating when the
next round of violence would break out. This kind of violence subsides as
94

suddenly as it begins, while murders or other incidents of a criminal nature


only serve as triggers; no one knows about the real causes of violence,
perhaps apart from the citys political players who cut deals behind the
scenes and the federal governments mystery man Interior Minister Rehman
Malik. Is this cyclical, bloody nightmare the permanent fate of Karachi and
its hapless inhabitants? An incompetent state and those who claim to
represent Karachi are best placed to answer this. (Editorial, Dawn 28 th
Match)
The latest outbursts have only served to convince people that Sindh is
badly governed by the present coalition, and since it replicates itself in the
Centre, the conclusion that the whole country is badly governed is only
logical. Not only must the culprits of murders be arrested and punished
according to law, but the government must also honour its pledges to the
paramedical staff, not just because it needs them to run its hospitals, but
because its promises must be kept. There is barely enough time before the
next election for the government to show that it cares about the people.
(Editorial, TheNation 29th March)

REVIEW
Better late than never; these are the only good words that can be said
at this moment about the Supreme Court verdict on Rental Power Projects.
The rest can wait till the golden words of the honourable judges will be
honoured by the Executive, possibility of which is negated by the experience
of last three years.
Zardari regime inherited the idea of rental power from its
predecessor, which had been perceived, rightly or wrongly, as an instant
solution to the problem created by deliberate neglect of constructing
Kalabagh Dam. The Scoundrels team was clever enough to see the
opportunities presented by the projects for instant plunder of public money
and they availed to the hilt.
The men of law sitting on the bench of the apex court were unable to
appreciate what would be known as an enviable feat in the world of
scoundrels. They could do no more than declaring it illegal and against
national interest. This act of the judges will be reciprocated by the
Scoundrel by not appreciating their words of law.
Keeping the defiant attitude of the Scoundrel and the Saint it can be
said that this verdict too will not be implemented in letter and spirit. The
95

court has asked NAB to initiate criminal proceedings against a long list of
suspects, forgetting that this organization is headed by a Sailor chosen by
the Saint to act as thanidar.
The Saints defence counsel in contempt of court case, Aitzaz Ahsan
had to have food poisoning to earn adjournment of the proceedings which
were to de held on daily basis. Perhaps, this was what he had in his mind
when he used to sing riasat ho gi maan kay jaisi (State will be motherlike) across Pakistan during Lawyers Movement. The State where the
rulers will have stomach upsets due to over-eating and the ruled will quietly
starve. What a motherly discrimination?
The Lawyers Movement for restoration of Chief Justice, some
observers sarcastically but correctly say, met only partial success: the chief
was reinstated but justice went missing. Aitzaz was, perhaps, mindful of
this fact and that was he kept harping about Article 10A like the proverbial
phrase morgh ke aik tang and hoped for acquittal of his client.
During the period, Karachi and Quetta experienced targeted killings
resulting from political and sectarian enmities and hatred. Meanwhile, the
Red-cappers silently kept encroaching upon Pakistans ideology by
removing from school books the chapters related to Pakistan Movement.
2nd April, 2012

96

IN THE REGION-II
The puppet regime in Islamabad dared revisiting Pak-US ties and
rehashing new terms of engagement. Parliamentary Committee for National
Security drafted 40 recommendations and placed them before the Parliament
in a joint session. In no time these were returned to the court of PCNS for
redrafting in the light of some very valid observations.
While the drama of revisiting relations with the US and framing
fresh terms of engagement was being enacted, US General Dempsey spilled
the beans. He told the US print media that NATO supplies by land would be
resumed through Pakistan by mid-May. He did not talk of the terms.
Judicial commission probing Memogate was given six more weeks to
complete the assigned task. This was necessitated after Haqqani refused to
come to Pakistan and he filed a petition in the Supreme Court begging for
treatment like Mansoor Ijaz for recording his statement through video-link.
Abbottabad Commission, however, remained out of headlines.
The anger of Afghan people over desecration and indiscriminate
killings persisted, as NATO supplies also started worrying the US for which
General Dempsey met rulers of Central Asian states. Pressure on Iran
continued to be exerted through sanctions. India refused to budge on its
plans to construct dams in IHK with a view to drying up Chenab, Jehlum
and Indus rivers.

NEWS
Pakistan: On 23rd March, unidentified gunmen killed an FIA man in
Peshawar. Four FC men were killed and three injured in a predawn attack by
militants who are believed to be TTP activists in Sherani district, about 350
kilomertres west of Quetta. Reportedly, five troops went missing after the
attack while assailants got away with arms and ammunition.
A suicide blast at a centre of banned outfit Lashkar-e-Islam in Tirah
Valley killed 13 people and injured 10 others. The bomber was heading
towards Dars Mosque where the Friday congregation was being offered. He
was intercepted by the LI men who asked him to stop. The LI men opened
fire and killed him on the spot. However, the explosive material wrapped
around his body detonated with a big bang, killing 11 LI extremists and two
pedestrians on the spot.

97

The United States and Pakistan will resume talks on the possible
reopening of supply routes to Afghanistan after Pakistan completes its probe
into an air strike that killed 24 of its soldiers, Marc Grossman said. In
Washington, Gen John Allen told American lawmakers that Pakistans ISI
continues to maintain ties with Taliban and Haqqani network.
Several protest demonstrations and rallies were held in Lahore on the
call of Defence of Pakistan Council against the likelihood of reopening of
NATO supply and intervention of the US and India in Balochistan unrest.
Hafiz Abdul Rahman Makki warned the parliamentarians that they were not
allowed to legitimize helping enemies of Islam in killing fellow Muslims
since the act was made forbidden by Almighty Allah.
The tribal elders from North Waziristan warned the parliamentarians
that the tribesmen would besiege their houses and consider them equally
responsible along with the US for the killing of innocent people in the tribal
belt if the NATO supplies were restored. They said the parliamentarians
endorsing and allowing the US drone strikes in the tribal belt were equally
responsible for the blood of the children, women and other innocents killed
in the aerial strikes.
Activists of Jamaat-e-Islami (JI) and Shabab-e-Milli held a protest
demonstration against what they called the expected restoration of NATO
supplies, warning that they would resist hard if the rulers tried to restore the
supplies. The protest demonstration was organized upon the call of Syed
Munawar Hassan.
Fearing that enmity with the US can cost Pakistan dearly, Ghulam
Ahmed Bilour advocated the restoration of NATO supply. NATO supply
should be restored as we cant bear the enmity with the superpower in
prevailing economic scenario of Pakistan. He said that Pakistan Railways
was ready to provide its freight service for NATO supply if the Parliament
recommended for the same.
Next day, at least seven soldiers and 35 militants were killed in
clashes between security forces and extremists and blast in different areas of
northwestern tribal belt. At least four soldiers and 12 militants died when
security forces carried out a search operation in South Waziristan. Militants
stormed a security check post in Upper Orakzai Agency; 15 militants and
three soldiers were killed. Eight militants including a commander died while
making a bomb in the area of Bara Akakhel, Khyber Agency.
Opposition parties have agreed to take united stand in tomorrows
joint sitting of parliament on the foreign policy revisit and NATO supply
98

restoration. At a meeting of the opposition parties they decided that they


would force the ruling coalition to incorporate oppositions proposals in the
policy draft and vowed not to let the government bulldoze parliamentary
proceedings.
Fazlur Rehman told the media, after the meeting that they would come
up with their own proposals on the foreign policy and NATO supplies. He
said they would seek guarantees from rulers on the implementation of the
earlier resolutions of the parliament as well as the resolution adopted by the
All-Party Conference held sometime back in Islamabad.
Nisar Ali Khan said that they would not let the government misuse the
forum of parliament to further its sectional agenda at the cost of national
interest. The government, he said, should have to come up with certain
guarantees and concrete measures to get their nod for the new policy
formulation on NATO supplies restoration via Pakistan and overall policy on
the countrys role in the ongoing war on terror. Ch Nisar said that parliament
should only draw the broader contours of the countrys foreign policy and
the government should act in the light of the guidelines given by the
parliament.
General Allen said: My guess is that the Pakistani government and
the Pak Army Chief General Ashfaq Kayani probably very much understand
that a Taliban resurgence in Afghanistan and ultimately the overthrow of the
Afghan government is not in their interests either. At the same time he
mentioned Pakistani militarys role and the sacrifices made by their soldiers.
I think its important to understand that in the last two years, theyve
suffered over 3,000 dead. Thats not an inconsequential number of
casualties, and a couple of tens of thousands wounded. They have an IED
(improvised explosive device) problem similar to the ones that we have.
Pakistanis are making an investment in this as well.
General Allen said the so-called safe havens in the federally
administered tribal areas were going to be a difficulty for some time to
come. We would ask them to do more, thats ultimately a decision thats
going to have to come from continued discussion between our government
and theirs, but I believe that I have had good conversations with General
Kayani about cross-border coordination, and the potential, even, to have
complementary operations on each side of the border where we can leverage
each others military capabilities, he said.
Husain Haqqani filed a petition in the Supreme Court, challenging the
memo commissions order to appear in person in Islamabad and sought
99

equal treatment and permission to appear via video-link as was done in the
case of Mansoor Ijaz. The petition filed by his counsel Asma Jahangir states
that Haqqani had also grave security concerns because of many frivolous
and sensational allegations leveled by Mansoor Ijaz in his witness and
several intelligence agencies that were in contact with Ijaz as admitted by
him during the proceedings of the commission.
The petitioner is also a family man like Mansoor Ijaz who took the
plea that his family was fearful for his life in case he traveled to Pakistan.
The same standard of concern by commission may also be extended to the
petitioner. There cannot be another standard of protection for a citizen of
United States, who pledges loyalty only to his own country, and a patriotic
Pakistani, who has served the country well as its representative in the US
during very tense and difficult times and possibly paying for it owing to his
belief in the progress and well-being of his country.
The petition further states the wild allegations ranging from absurd to
the most absurd by Mansoor Ijaz were meant to exploit emotions and incite
violence against the petitioner given the prevailing atmosphere in the
country, as there are many cases pending before the court where people have
disappeared or murdered or their dead bodies are recovered.
Brig Ali Khan has requested the Abbottabad commission to record his
statement regarding the operation. The brigadier stated that all the
information is relating to the countrys interest and he wanted to convey it to
the people concerned before his death. Brig Ali Khan was arrested on
charges of having links with a banned organization Hizb-ut Tahrir.
On 25th March, Syed Munawar Hassan expressed his resolve that JI
would stage a protest sit in on March 27 against the Parliament premeditated move to restore NATO supply lines. He blamed the opposition
parties for having their consent in re-opening of NATO supply lines. He
warned that if the current session was held to re-open the supply lines, the JI
would resist movement of NATO containers across the country. He opined
that conditional restoration of supply lines was willingly included by the
government for its face saving. The JI chief criticizing role of Nawaz
Sharif said that the PML-N leadership was supporting Zardari more than the
allied parties in the government. Leaders of religious parties in Lahore and
Karachi also expressed similar views in public rallies.
The spokesman of TTP threatened if parliament would restore the
NATO supplies then they would attack parliamentarians and their party
heads. He said in a statement issued to the media from a secret place at
100

South Waziristan that TTP knows it very well that the slaves of the USA
present in Pakistani parliament are making efforts to give legal way to the
NATO forces, but they should know the fact that they would not be safe at
their homes.
Prime Minister assured that a decision about reopening of NATO
supply route will be taken after a parliamentary consensus. President Zardari
said that the parliamentary review process of Pak-US relations, that was long
overdue, was a manifestation of democracy taking roots in Pakistan and the
elected representatives taking ownership of one of countrys most important
bilateral relationships.
He said this during a meeting with Marc Grossman, Special US
Representative on Afghanistan and Pakistan, in Dushanbe where Zardari
earlier participated in the quadrilateral talks with heads of states of
Afghanistan, Iran and Tajikistan. The meeting was the first formal contact
between Pakistani and US leaders in quite a while. Reportedly, Zardari
wanted end to drone attacks.
The US military decided to take no action against its soldiers involved
in a US-led NATO air strike in November. The Times said an American
investigation in December found fault with both American and Pakistani
troops for the deadly exchange of fire, but claimed that the Pakistanis fired
first from two border posts that were not on coalition maps, and that they
kept firing even after the Americans tried to warn them that they were
shooting at allied troops. Pakistan has rejected these conclusions and
ascribed most of the blame to the American forces.
Next day, the judicial commission allowed JKLF Chairman Yasin
Malik to give his response on Ijazs claim that he had arranged a meeting
between Malik and then chief of Indian intelligence agency RAW at the
behest of US government. Malik termed Mansoor as mentally sick hence
not trust worthy.
Yasin Malik said he met Ijaz at a conference where he (Ijaz) appeared
as a guest of former US President Bill Clinton. Giving insight to Mansoors
character and personality, he said, Mansoor Ijaz spoke against the Muslims
especially the Kashmiris during his speech. I could not bear this insult and
hurled a shoe at him first and then snatched Mic from his hands, finally
making him silent.
Before adjourning the hearing, the commission rejected a plea filed by
Husain Haqqani, seeking that his testimony be recorded through video-link.
The panel expressed anger at the disappearance of Haqqani, questioning his
101

lawyer Zahid Bukhari as to why his client didnt appear. Justice Qazi
questioned the deputy AG about security arrangements for Haqqani.
Bukhari had told the commission that Haqqani had filed a petition in
the Supreme Court against the commissions orders of summoning him. He
said his client wanted that his testimony be recorded through video link like
Mansoor Ijaz. He said that Haqqani was facing life threat due to Mansoor
Ijaz links with several intelligence agencies.
Haqqani on 24th March had declined to appear before the memogate
body, submitting an application for recording of statement through video
conferencing. His legal team on Monday tried to make this an issue about
impartiality and equal treatment. They argued that when the Supreme Court
allowed Haqqani to leave the country and he agreed to make himself
available to the commission at four days notice, it was on the assumption
that Ijaz would also come to Pakistan to testify.
The strategy of appealing to the Supreme Court fits in perfectly with
the PPPs overall strategy in relation to the judiciary. The PPP has always
tried to win politically even if it loses legally. Public opinion on memogate
has changed a lot since the issue began and most people no longer consider
it as important. Many newspapers have written editorials saying that
Mansoor Ijaz has been allowed to create havoc without any significant
evidence and this criticism has emboldened the PPP to challenge the
judiciary by demanding equal rights for Haqqani.
Haqqanis lawyer Zahid Bukhari suggested that the commission could
postpone the proceedings until the Supreme Court (SC) gives verdict on the
already filed petitions. The second option was for the commission to
terminate Haqqanis right to testify and thirdly, the commission may decide
the case upon the proceedings held and the evidences produced. Although
the commission made several harsh remarks during its proceedings on
Monday, in the end it appears to have opted for waiting for the Supreme
Court to decide on Haqqanis application.
On 27th March, Barack Obama and Gilani met on the sidelines of a
nuclear security summit in Seoul and vowed to rescue a troubled anti-terror
alliance. There have been times I think we should be candid over the
last several months where those relations have had periods of strains,
Obama told reporters as the meeting opened. But I welcome the fact that the
parliament of Pakistan is reviewing, after some extensive study, the nature of
this relationship. Obama lauded Pakistans efforts for fighting terrorism and

102

extremism, saying the Pak-US relations were important to achieve success in


this war.
Gilani said he was pleased to hear Obama talk about sovereignty, and
both men spoke of their mutual interest in a stable Pakistan and Afghanistan,
putting a measured public face on what has become a severely damaged
diplomatic relationship. We are both interested in a stable and secure
Afghanistan and a stable and secure region, Obama said. Gilani said: We
are committed to fighting against extremism. We want stability in
Afghanistan and Pakistan. We want to work together with you. He said
Pakistan had been working hard for the security and safety in the region.
The legislators of MQM staged walkout from joint sitting of the
parliament to protest murder of their party member in Karachi. Speaking on
a point of order, Leader of the Opposition said that PML-N would not take
part in formal debate till removal of their reservations. Demanding assurance
from government on enforcement of the PCNS recommendations, he said
previous two joint resolutions were unanimously approved but not
implemented in letter and spirit.
Are our security agencies not able to ensure security in the country?
This clause is contrary to sovereignty of the country, he said, adding, no
country excluding Iraq and Afghanistan would allow foreign intelligence to
work in their country. About clause-5 (a) regarding responsible for the
Mohmand Agency attack should be brought to justice, he said that those
who were pointed out in it were claiming innocence in the matter.
Following Ch Nisar, JUI-F chief Maulana Fazlur Rahman, speaking
on a point of order, said they would not allow reopening of the NATO supply
routes even if passed by parliament on majority basis. If it is passed by the
parliament we will try to stop NATO supplies creating hurdles in its way.
He said government, in principle, had decided to resume NATO supplies and
it was just using the parliament to stamp it.
Besides the reservations and criticism from opposition parties
including PML-N and JUI-F on the recommendations of PCNS, a member
from treasury benches and PPP legislator Noor Alam Khan said MoU should
be shared with masses as more hoodwinking would not work anymore.
Next day, General Kayanis joint meeting with US General James
Mattis and General John Allen was apparently held on the pretext of
discussing inquiry into the Nov 26 attack and improving border
coordination procedures. The development was however reported to have
largely been in sequel to the purported Pak-US strategic understandings
103

arrived at on the sidelines of Seoul conference. The top officials of both the
states have previously held extensive negotiations to chalk out future terms
of strategic engagement once Pakistani parliaments decision in the
aftermath of PCNS recommendations is arrived.
It is the first high level meeting after Salala incident and will focus
on the inquiry into the incident and improvements in border coordination
procedures, ISPR said. Reportedly, Pakistans military conveyed to the US
that resumption of NATO supplies was linked to the unconditional apology
from US over Nov 26 attack at Salala. In addition, fresh agreement on drone
strikes by means of enhanced coordination also stands in the pipeline the
modalities of which were discussed in the meeting.
Moreover, resuming active military cooperation from the platform of
Border Coordination Committee (BCC) at Pak-Afghan western border was
also agreed upon during the meeting. The regularized military cooperation
between the three forces is likely following coming into effect the new terms
of engagement that seek the Pakistani parliaments formal nod before being
taken up with Washington.
According to Irans Press TV, General Kayani has rejected
Washingtons claim that the US-led NATO air strikes on November 26 were
justified as self-defence. In meetings with the US commanders, Kayani
made it clear that the attack on the Pakistani security forces was the
violation of countrys integrity and sovereignty, a senior Pakistani military
official told Press TV, on condition of anonymity. Meanwhile, miscreants
blew up a gas pipeline by detonating a low-intensity bomb near Ring Road
in the outskirt of provincial metropolis.
Initiating the debate on PCNS recommendations Senator Usman
Saifullah said that a lesson should be learnt from experiences of friends like
Turkey and China. Zafar Baig Bhitani said that foreign policy should be on
equality basis; if US is allowed to carry out drone attack then Pakistan
should also be allowed to conduct such activities. He expressed serious
concern about FATA, saying FATA has gone out of our hands.
A JUI-F legislator Maulvi Asmatullah said that America could never
be friend of Pakistan as they want to enslave us. Syed Muzafar Hussain
Shah from the PML-F said: This report consists on recommendations and
its up to parliament to reject or accept these recommendations. He claimed
that the ongoing discussion over the foreign policy in the parliament was
historic occasion.

104

Husain Haqqani sent a letter to Chief Justice detailing security threats


to him if he returns to the country to record statement before the Memo
Commission. Haqqani is believed to have identified the several threats to his
person in case he returns to Pakistan. Haqqanis lawyer Asma Jehangir is
currently overseas and has been on general adjournment, which is a facility
that allows lawyers to seek deferment of cases in which they are appearing.
Lawyers say it is Haqqanis legal right to be heard through a lawyer and if
his counsel is on leave then under normal circumstances the SC would wait
for her return before deciding the matter.
Yemen urged Pakistan to free one of Osama bin Ladens injured
widows, saying Yemen-born Amal Al-Sadeh and her four children were not
guilty of any crime. Pakistans interior minister said earlier this month that
bin Ladens three widows, including Sadeh, would be put on trial for
entering and living in the country illegally. The Pakistani authorities
retracted from their initial position to surrender Amal to the Yemeni
government, Foreign Minister told Reuters.
Relatives said Sadeh, who was shot in the leg during the raid, entered
Pakistan legally. She came to Pakistan with her elder brother in 2000 using
her passport, said Hameed Al-Sadeh, Amals 27-year-old cousin. They
flew from Sanaa to Karachi. There was nothing illegal about it. The
Pakistani authorities have even released a photocopy of her passport, he
told Reuters.
Hameed, who is a journalist in Sanaa, said Amal was being held with
her four children in a basement. She limps from a bullet wound in her knee
and shes suffering from psychological trauma and very low blood pressure,
he said. She hasnt seen the sun for months, they are kept in the basement
below the earth, she and her four children, the eldest is a 12-year-old girl,
and three boys, the youngest is two. Yemeni Human Rights Minister
Houriya Mashhour said Amal had committed no crime in Pakistan.
On 29th March, KPK government formally sacked Dr Shakeel Afridi
for helping the CIA reach Osama. Dr Afridi, who served as a surgeon at
Khyber Agency Headquarters Hospital in Landikotal, is presently in custody.
He set up the CIAs anti-polio programme to obtain DNA samples of OBL.
Police on a tip-off raided a number of residences in the area and arrested 20
persons in Lahore, who were said to be the members of outlawed Hizbut
Tahrir. Literature about Jehad and computers and laptops were recovered
from their possession by the police personnel. The suspects were shifted to a
safe place for interrogation.
105

In a meeting of the parliamentary leaders, cabinet members and the


armed forces high command at the PMs House, the prime minister said the
whole world was keeping its fingers crossed as this policy overhaul by the
legislature will not just affect US, NATO and ISAF but all the other states as
well. He said the Parliament will decide the matter of foreign policy revisit
in a respectful manner, keeping in view the supremacy of the national
interest. It is not a matter of US alone, but 148 countries, Gilani said,
stressing the need as well as his governments resolve to take the decision
with consensus.
Federal Minister for Finance demanded the payment of outstanding
dues payable under Coalition Support Fund (CSF) from the United States, as
Pakistans financial woes would increase if the same were not paid in the
current fiscal year 2011-2012. Hafeez Shaikh held meeting with Cameron
Munter in Ministry of Finance. The US has to provide $2.5 billion to
Pakistan under Coalition Support Fund (CSF), as Islamabad did not get a
single penny from Washington since December 2010.
Dempsey told reporters he has spoken with Kayani at least five times
since the border incident. The Pakistanis, he said, want to reset the militaryto-military relationship with the United States. This includes working the
border issues with the Pakistanis and reopening the ground supply lines
through Pakistan to Afghanistan, Dempsey said. He added that he believes
the two militaries can discuss what must be done in the federally
administered tribal areas to improve the situation in both Afghanistan and
Pakistan. Some groups have taken root in the tribal areas that pose a threat to
the national government and to Afghanistan, the chairman explained.
Many officials believe until more troops are made available, the
situation in the tribal areas probably will remain as it is with many areas
under government control and others like the Wild West. US defence
officials have been quick to point out that Pakistan has lost thousands of
service members and thousands of citizens to the scourge of terrorism.
The Supreme Court put off the request of Husain Haqqani for
recording his statement abroad. But the court ordered that till a decision on
this application, its previous order requiring Haqqani to return to appear
before the commission on four-day notice will remain intact. The acting
secretary of the commission appealed to the court to extend the time. As the
attorney general did not object to the request, the court granted the
commission another six weeks.

106

Asked to argue on the application of Haqqani, the AOR told the court
Asma Jahangir is abroad and on general adjournment and they would submit
their arguments after her return. The court noted that Ch Akhtar Ali and
Asma Jehangir are at liberty to make an application at any time for fixation
of the case and no sooner such a request is received, the matter will be taken
up, subject to the availability of the bench.
Naseer Bhutto of PML-N said derogatory remarks have been made in
the application against the members of the commission. Citing Asma
Jahangir on general adjournment, the court told Naseer to await her return.
The chief justice said the registrar received a letter on March 28 pointing to
some facts and requesting confidentiality. He said the registrar has sent a
note, telling the bench some contents of the application had already appeared
in newspapers, but added the application would be treated as confidential.
Next day, a US drone launched a missile attack in North Waziristan;
killing four suspected militants and injuring three others. The upper portion
of a shop being used as a guestroom was targeted in the attack. The shop was
also completely destroyed. The identity of the dead militants was not
immediately known. Militants ringed the area and barred entry to the house.
Security forces gunned down 35 militants in fresh clashes in Upper
Orakzai Agency while two troops were also martyred. Eleven other troops
sustained injuries in the fighting. Security officials claimed the militants
were killed when troops retaliated with artillery and heavy weapons after an
attack on a check post.
Dr Shakil Afridi and eight of his family members names were put on
Exit Control List. The FATA Secretariat and its department of Law and
Order have finalized arrangements to begin the trial of Dr Afridi and trial of
his case registered under the 40-FCR is expected to commence in April. The
government of KPK has already dismissed 18 medics including Dr Shakil
Afridi on disciplinary grounds, for running a fake vaccination programme.
More than 100,000 people have fled the fighting between government
forces and militants groups in the Khyber Agency since January, the UN
refugee agency said. A recent increase in the intensity of the fighting is
driving even larger numbers of families to flee to the safety of the Jalozai
camp, where UNHCR is registering them and providing them with basic
humanitarian supplies. UNHCR said it has been registering an average of
2,000 families per day since mid-March.
Parliamentary Committee on National Security (PNSC) agreed to link
the NATO supply resumption to immediate cessation to the drone attacks
107

and delete some of the clauses of the 40-point recommendations it submitted


to the parliament. It was agreed that clauses pertaining to mechanism of
granting permission to the foreign intelligence operatives and spies
operating in the country in guise of defence-related contractors would also
be deleted.
Similarly, the clause relating to the doling out airbases to some foreign
country for operation against any neighbouring state would also be omitted
from the proposals. it was the consensus view of the members that the
parliament should draw the broader contours of the overall foreign policy of
the country while the rest of the job should be left to the technical people to
deal with.
It was also decided that the parliamentary overview on the countrys
foreign policy should be made a permanent feature and any future
agreements with any state would require clearance from the parliament.
Talking to media persons after the meeting, PCNS Chairman Raza Rabbani
said that the committee would meet on daily basis to build consensus among
the political parties on the proposed recommendations.
Fazlur Rehman said the committee would continue its efforts to draft
the recommendations in light of the aspirations of the nation. He termed
restoration of NATO supply, permitting foreign intelligence operatives inside
Pakistan and handing airbases to foreign forces as contentious issues, adding
that the opposition parties wanted clear-cut rules in this connection. He
stressed that NATO supply should not be restored as people had strong
reservations because Pakistan by joining the international war on terror as an
ally has suffered losses of billions of rupees and thousands of lives.
Fazl said that they have been assured by competent and responsible
authorities that so far no assurance to United States was given on the
reopening of NATO supplies or other related matters, and that the final
decision would be taken in the light of the redrafted PNSC
recommendations. He further said that they would not let anyone use the
platform of the Parliament to fig-leaf the weaknesses of the rulers.
On 31st March, 14 militants were killed in an operation in upper
Orazkai Agency. Jetfighters pounded militant hideouts in Akhunkot area and
destroyed four strongholds. The forces have been fighting against miscreants
led by Hakeemullah Mehsud in the agency. Judicial commission probing the
memogate controversy issued notices to all the petitioners and respondents
including Husain Haqqani and Yasin Malik, directing them to appear before
the commission on April 5.
108

Parliamentary Committee on National Security (PCNS) met to pick up


the clause-wise review of the recommendations, but it could not evolve
consensus on the issue of NATO supplies restoration, however, it agreed to
delete certain clauses of recommendations presented before the Parliament.
Some members wanted linking the supply restoration to immediate
cessation of the drone attacks and putting a condition that only food items
and medicines shipment through Pakistan would be allowed and there would
be strict ban on arms and ammunition transportation. Senator Mushahid
Hussain also sought insertion of a clause in the recommendations draft that
in case of US attack on neighbouring Iran, Pakistan would l not become tool
to the American aggression.
Talking to media, Raza Rabbani expressed optimism about bringing
all the parties on same page. JUI-F chief Fazlur Rehman in a brief chat with
the media said that his party was of considered view that NATO supplies
routes should not be reopened at any cost. He said his party will oppose
supplies restoration tooth and nail and not let the rulers take cover of the
Parliament in this connection.
Qazi Hussain Ahmad urged the government to immediately detach
itself from the ongoing war on terror, as both Pakistan and the US have their
separate interests in the region. He added that America never wants a
sovereign and stronger Pakistan against the rival India in the region. About
the Karachi violence, he blamed that both the US and India were involved in
destroying the peace of a city which play a role of backbone in the economy
of the country.
Next day, a militant commander was killed during an exchange of fire
with law-enforcement agencies in Orakzai Agency. Nasir Khan Zakakhel
was wanted by political administration in various cases of heinous nature
including terrorism and militancy. Nasir Khan belonged to Zakakhel tribes
of Khyber Agency.
The Opposition remained divided in coming up with some unified
stand in the PCNS informal sessions to redraft the recommendations for the
overall foreign policy review with specific reference to the NATO supplies
restoration via Pakistan. The first to split away was Fazlur Rehman, who on
his own, came up with his partys decision that they would not support
restoration of the NATO supplies via Pakistan at any cost and made it loud
and clear that any resolution proposing reopening of NATO supply route
would be opposed by his party Parliamentarians in the joint sitting of the
Parliament.
109

Fazl has tactfully rolled the ball in governments court to decide on


restoration of the NATO supplies so that his party could do politick on the
issue in both Khyber-Pakhtunkhawa and Balochistan to win the public
support with the aim to transform it into his partys victory in the next
general elections.
PML-N the main Opposition party, which was earlier in favour of
conditional restoration of the NATO supply routes on revised terms and
condition, was now pushed in a quite awkward situation by the JUI-F by
taking an extreme stand on the issue. Aftab Sherpao said that it was no-win
situation and it would be difficult for any political party in the given
circumstances to reopen NATO supplies routes even on tougher conditions.
Liaqat Baloch addressing a big pubic gathering here in Khar, Bajaur,
he said that the government has decided to restore the NATO supply line,
but we would never allow the government to do this because the restoration
of goods to NATO forces in Afghanistan through Pakistani route is totally
against the national interests and this would be more damaging to the
country sovereignty. The JI leader said the government is not authorized to
restore the NATO supply routes.
Pakistan and China agreed to stand with each other `in all
circumstances and vowed to uphold their sovereignty and territorial
integrity at all costs. Chinas friend is our friend, and Chinas enemy is
ours, Gilani assured the Chinese leader in Boao. Gilani said Pakistan
considers Chinas security as its own security and supports Chinas position
on Taiwan, Tibet and Xinqiang.
Li categorically said that China would support Pakistans sovereignty
and territorial integrity in every situation. No matter what changes take
place at international level, we will uphold Pakistans sovereignty and
territorial integrity, he said, and added Pakistan and China are strategic
partners that respect and trust each other at equal level. He said China
supported Pakistans role in regional and international affairs. The Chinese
executive vice premier said his country wanted to further enhance the
existing friendly relations with Pakistan in diverse fields.

Afghanistan: On 23rd March, relatives of Afghans killed in a


shooting massacre demanded a public trial in Afghanistan for a US soldier
expected to be formally charged with 17 counts of murder. US officials have
said that Staff Sergeant Robert Bales will also be accused of six counts of
assault and attempted murder. The soldier is said to have burnt some of their
bodies before returning to his base to surrender.
110

A Taliban bomb maker was killed in an air strike conducted by


NATO-led ISAF in northern Afghan province of Baghlan. The air strike took
place as the two insurgents emplaced two roadside bombs. Before
conducting the air strike, coalition forces ensured no civilians were in the
area and no property would be damaged, ISAF added.
On 25th March, eight Afghan security personnel and a foreign soldier
were among 10 people killed in roadside bombing in Kandahar. An ISAF
serviceman and another Afghan policeman were injured. In a separate attack
in the southwestern province of Farah six Afghan soldiers were killed and
three wounded when their patrol was ambushed in Bala Buluk district.
Relatives of 17 people shot dead in a rampage by a US soldier in
southern Afghanistan have been paid dollars in compensation. The money
provided by the US military was handed over at a private ceremony at the
Kandahar provincial governors office. They were paid $50,000 per person
for the dead and $11,000 for the injured per person.
Next day, three foreign soldiers, two of them British, were killed by
Afghan security personnel in two separate shootings, bringing the number of
such deaths to 16 this year. An Afghan soldier said to be an officer shot dead
the Britons in the southern province of Helmand, while the NATO-led ISAF
said an alleged member of the police killed a trooper in Paktika province.
Elsewhere in southern Afghanistan, police said a suicide bomber blew
himself up outside a US-run base in Uruzgan province, wounding three
foreign troops and an Afghan policeman.
Afghanistans Taliban will eventually resume talks with the United
States, a former commander said, but it will depend on how Washington
repairs trust damaged by a string of incidents, notably the killing of 16
Afghans blamed on a U.S. soldier. Syed Mohammed Akbar Agha, cousin of
the Talibans main negotiator, said the tentative secret discussions with the
Americans to lay the ground for formal peace negotiations had only been
suspended, not ended.
On 30th March, an Afghan policeman poisoned and then shot dead
nine of his colleagues while they were sleeping in the eastern province of
Paktika. Asadullah fled the scene after shooting and is on the run. Elsewhere
in Afghanistan, NATOs US-led force announced the deaths of two soldiers
in the south, one in a bomb blast and a second in an insurgent attack.
Next day, Afghanistan wants the United States to clearly spell out
what sort of military presence it will leave behind once most of its combat
troops leave by the end of 2014, a senior Afghan official said. It is also
111

pressing Washington in talks over future cooperation to detail to be more


forthcoming on what will be on offer for Afghan forces as they are ready to
take over responsibility of security in the country that is still at war.
A spike in so-called green-on-blue attacks on foreign forces by
Afghan army and police has stoked concern that some of that anger is
spilling over into the security forces and turning them against their western
allies. The talks halted after the Kandahar killings but have since resumed.
The United States says the night raids are a key element in the fight against
the Taliban who it says operate in many parts of the country from within
population centres.
Qazi Hussain Ahmad said that he saw no prospect of success in peace
talks between the US and Afghan Taliban unless the Taliban chief Mulla
Omer was taken on board. Qazi said that Taliban were a reality and until and
unless Mulla Omer, chief of Taliban, was not taken on board the success of
peace talks would remain a dream of the aggressor forces.
General James Mattis held talks with Tajik President Emomali
Rakhmon as Washington sought continued support for its military operation
in next-door Afghanistan. Tajikistan would like to see further strengthening
of the development of ties with the United States in the sphere of security
and the establishment of peace and stability in the region, Rakhmon told the
visiting US general. Mattis thanked Tajikistan for its support of the NATOled operation in Afghanistan, saying Washington would continue providing
assistance to Central Asian nation's army and border guards.
A day before, Mattis held talks with Gurbanguly Berdymukhamedov,
the leader of isolated but energy-rich Turkmenistan. On Thursday, he met
with Uzbek President Islam Karimov. The office of Karimov whose country
also provides Washington with logistical support for the war in neighboring
Afghanistan said the two countries had recently improved cooperation in
political, economic, and regional security matters.
On 1st April, it was reported that Taliban and the US administration
have agreed to swap prisoners, but announcement of the agreement was not
possible at this point. Islamabad based diplomatic sources also confirmed
prisoner swap deal, however, declined to go into further details. Qatar had
played vital role in bringing Taliban and the USA on the table for
negotiations which started in September last year. The deal was finalized
after Qatar assured the Americans of keeping a strict eye on those Taliban
figures and providing them extensive security.

112

Afghanistan named a three star general to take over Bagram prison


from the US military and with him, final say over which prisoners are
released, an issue with the potential to open another rift in relations between
Washington and Kabul. Washington fears the prisoners, most of whom it
says are mid to high level members of the Taliban, might return to the
battlefield as has happened in the past.

Iran: On 26th March, Iranian President Ahmadinejad said the US


could no longer dictate policy to the rest of the world and warned of growing
instability in the Wests relations with Pakistan. Ahmadinejad, speaking at
the Regional Economic Cooperation Conference on Afghanistan in
Dushanbe, called for the immediate withdrawal of foreign troops from the
country and proposed that NATO use part of its military budget to help
revive the Afghan economy. The US delegation to the conference, headed by
Assistant Secretary of State for South and Central Asia Robert Blake, left the
hall when Nejad began to speak and returned after the conclusion of his
speech.
Speaking in Farsi, translated into Russian for conference participants
in the former Soviet republic, Ahmadinejad said NATO policy in
Afghanistan and other countries would make Western relations with Pakistan
worse. Ahmadinejad said he believed Afghanistan was capable of running its
own affairs, without the presence of foreign troops.
On 28th March, Iranian Foreign Minister announced that the talks
between Iran and the P5+1 group comprising the United States, Russia,
France, Britain, China and Germany are to be revived on April 13 at a place
yet to be agreed. Salehi made the announcement as he welcomed Turkish
PM to Tehran for a two-day visit focusing on Irans nuclear programme and
bilateral ties.
At a media conference with Salehi, Erdogan dodged a question about
whether he was carrying a message from Obama for Irans leaders. During a
meeting in South Korea, there were discussions with them (the P5+1
nations) about the talks taking place in Turkey, and there were steps in that
regard and now we are waiting for their response, he replied instead.
Erdogan slammed the bellicose language directed against Iran, saying:
Military threats against a country that seeks to master peaceful nuclear
technology are not acceptable. Obama had warned in Seoul at the start of
the nuclear summit that time is short for a diplomatic solution to the
standoff with Iran.

113

Next day, it was reported by Foreign Policy magazine that Israel was
given access to airbases by Azerbaijan from which Israel could launch
military air strikes on Iranian nuclear facilities or at least drones and search
and rescue aircrafts. The report came a week after the results of a classified
war game was leaked to the New York Times which predicted that an Israeli
strike could lead to a wider regional war and result in hundreds of American
deaths.
The Obama Administration officials now believe that the
submerged aspect of the Israeli-Azerbaijani alliance the security
cooperation between the two countries is heightening the risks of an Israeli
strike on Iran. Senior US intelligence officials are increasingly concerned
that Israels military expansion into Azerbaijan complicates US efforts to
dampen Israeli-Iranian tensions.
On 1st April, Iranian Vice President called on Pakistans Prime
Minister in China before the opening of Boao Forum for Asia 2012 (BFA).
They discussed regional and global situation including Pak-Iran gas pipeline
and power projects. Prime Minister Gilani told Mohammadizadeh that
Pakistan wanted good relation with the neighbours, adding that the country
would import 1100 megawatt electricity from Iran.
He praised Iranian help to flood victims and said that Pakistan
supports Irans peaceful nuclear programm. The PM said that Pakistan also
supports Irans efforts to combat terrorism and narcotics smuggling. He said
Iran appreciates Pakistan's efforts to play a positive role in the region by
maintaining the stance of peaceful co-existence.
He said Pakistan wants peaceful resolution of the issue of Iran's
nuclear programme. The Iranian Vice President said Iran considers Pakistan
as its brotherly country and called for greater people-to-people contacts for
the benefit of two nations. He said that Iran would help Pakistan to
overcome energy crisis.
China rejected Obamas decision to move forward with plans for
sanctions on countries buying oil from Iran, saying that Washington had no
right to unilaterally punish other nations. China is one of the biggest
importers of Iranian oil, and its Foreign Ministry reiterated its opposition to
the US moves. Obama had decided that the US will exclude Irans trading
partners including the likes of China, Turkey and India from its financial
system if they fail to reduce the amount of the oil they import from Iran.

114

India: On 23rd March, it was reported that an Indian Ordnance


Factory was all set to enhance its manufacturing capacity of Pinaka rockets
from the present 1,000 rockets to 5,000 every year for the Indian Army. The
multiple rocket launcher has successfully been indigenized. These rockets,
with a payload of 100 kgs, have a striking range of 40 kms and can bring
devastation around 500M of surrounding areas of the target.
On 25th March, it was reported that in a quiet, yet significant,
exception to its transit policy for Indian goods, Pakistan let Indian wheat
pass through its territory to Afghanistan. About 100,000 tonnes of wheat
have, for the first time, moved over the past few months from Kandla to
Karachi and from there by rail and road to Torkham, the transit point on the
Pakistan-Afghanistan border.
On 27th March, Pakistan sought technical details from India on the
Tulbul navigation project during the secretary-level talks in New Delhi
aimed at resolving differences over the project in Held Kashmir. During day
one of the talks between Water Resources Secretaries of the two the two
countries maintained their stand. New Delhi maintains that the regulating
structure is permitted under the Indus Waters Treaty of 1960 for the nonconsumptive use of navigation.
Next day, India agreed at the meeting to share technical data with
Pakistan but no breakthrough could be achieved. It told Pakistan at the Water
Resources Secretary-level talks that it would prefer the option of seeking
international arbitration to resolve the over two-decade old dispute of Tulbul
navigation project in Held Kashmir. Earlier, Pakistan had sought arbitration
over the Baglihar project by the World Bank, but lost the case. An
international arbitration is under way for the Kishanganga project.
The Tulbul navigation project is located just below the exit of the
Wullar Lake. India envisages controlled release of water from the lake
during the lean-season months of October to February to facilitate yearround navigation for trade, employment and encourage tourism. New Delhi
maintains that the regulating structure is permitted under the Indus Waters
Treaty of 1960 for the non-consumptive use of navigation. Pakistan,
however, contests the claim saying it is a storage project and charges India
with violation of the provisions of the Treaty.
On 30th March, a top UN official called on India to investigate
allegations of rampant extrajudicial killings and abolish a sweeping law that
allows security forces to shoot on sight. Such a law has no role to play in a
democracy and should be scrapped, he said. It has become a symbol of
115

excessive state power and clearly violates international law. There was no
immediate comment from the Indian government.
A US court sentenced to two years in prison Kashmiri leader Syed
Ghulam Nabi Fai who prosecutors said conducted a decades-long lobbying
effort with funds from the Pakistani intelligence agency to influence US
policy on the Kashmir dispute. US District Judge Liam OGrady in
Alexandria, Virginia did not reciprocate the goodwill gesture of ISI who
influenced a Pakistani judge to get Raymond Davis freed. The Pakistani
government has denied any knowledge of Fais activities.
On 1st April, Indian troops, in their continued acts of state terrorism,
martyred 14 innocent Kashmiris including two women during the month of
March. According to the data compiled by the Research Section of Kashmir
Media Service, of those martyred, two were killed in custody. During the
month, 68 people were critically injured when Indian police and paramilitary
personnel used brute force against peaceful demonstrators at different
places. Forty-nine civilians including students were taken into custody.

VIEWS
Pakistan
Battered and bruised: Despite colossal damage done by both civil
and military stewards, the country has survived. It, however, stands battered
and bruised suffering as it does, from all sorts of ills. Corruption and
misgovernance have eaten into its vitals. Lawlessness is the order of the day.
Economy is tottering. Severe shortages of energy and fuel have hamstrung
industry and made miserable the lives of the people. Soaring prices of
commodities of daily use have pushed tens of millions below the poverty
line. Population has increased by leaps and bounds. Almost half of the
people are utterly illiterate. According to the international human welfare
and development indices, Pakistan is at the lowest rung of the international
ladder. Our independence, too, has been compromised and we, more or less,
have been reduced to the status of a neo-colonial entity.
Instead of addressing the pressing economic and social issues, we
have permitted ourselves to be bogged down in one hellish crisis after
another. Mercifully, there are some bright spots. The outstanding ones are
the higher judiciary and the media. Presently, three complex issues are
holding the country hostage; two internal and one external. These relate to

116

(a) civil-military relations, (b) executive-judiciary confrontation, and (c) our


tangled and twisted ties with the USA.
The first two have landed in the Supreme Courts lap. The Executive
is unwilling to comply with the verdicts of the court. The President, the
Prime Minister and their legal counsels have chosen the path of defying the
court to protect themselves from the long arm of the law. The Prime Minister
has literally become his masters voice and has questioned the Supreme
Court judgment... His current counsel, Aitzaz Ahsan, has come up with all
sorts of bizarre argumentations and has gone to the length of expressing his
lack of confidence in the Supreme Court bench, trying the case.
One wonders what the fate of the court judgments will be in this
country, if a cantankerous government refuses to abide by the directives
issued. People expect the government to strictly follow the law and ensure
the enforcement of the courts orders. The Constitution is unambiguous
about the imperative of compliance with the judicial findings.
Delay in the disposal of such cases is bound to create an impression
that the rich and the powerful are treated differently by the courts as against
the ordinary citizens. It is desirable that the law is made equally applicable
to all - rich and poor. The majesty of law must be made manifest.
The issue of civil-military relations needs to be sorted out As for
Pakistan-US relationship, the Parliamentary Committee has already placed
its findings and recommendations before Parliament. It is time we tell Uncle
Sam to stop interfering in our internal affairs and cease to violate our air and
land space The media and the Supreme Court are playing historic roles in
establishing the rule of law and the viability of a democratic order in this
benighted country.
The memogate, mehrangate and the PMs contempt case will,
hopefully, help to move the country towards a paradigm shift. The
judgments in these cases will, to a large extent, clear the air and prepare the
ground for the people of Pakistan to assert themselves in the forthcoming
general elections. (Inayatullah, TheNation 24th March)
Spies, supplies and sovereignty: The much awaited
recommendations for resetting Pak-US relationsdo not take into account
the rapidly changing situation in the occupied country. But that is not the
only problem with the long list of recommendations. The leader of the
opposition in the National Assembly has expressed a number of valid
reservations about the list of recommendations and how they were finalized.
He believes that the PPP government has already decided on the resumption
117

of NATO supplies and the entire exercise is aimed at getting the decision
rubberstamped by Parliament. He is not very optimistic about the sincerity
of the government in implementing other recommendations on the list, those
that really matter to us.
As he has rightly pointed out, unanimous resolutions of Parliament as
well as the All Parties Conference, passed after earlier incidents of US
transgressions, had also called for an end to drone strikes, butwe are being
told that the drones are an indispensable component of their war strategy. So
is the government willing to take the next logical step of shooting them
down if the CIA does not rein them in? Or will we continue to just register
our meek protest?
Actually, the problem goes much deeper than implementation. Though
the list contains a number of useful recommendations vis--vis the Pak-US
relations, but they are couched within a framework that cannot be expected
to provide the basis of an independent foreign policy. Taxing the NATO
supplies and legalizing intelligence operatives and private security
contractors are dead give-aways that clearly show the subservience of
Pakistan's ruling elite to the US objectives in the region. The
recommendations only hope to get a better deal from the US for doing its
dirty work with no inkling of what our priorities are or should be.
Is it too much to expect from our government to come up with a
foreign policy that is truly independent, a policy that views our country and
our region with our own eyes Tokens of independence thrown in the list
like building stronger relations with China and Russia and building the
pipeline with Iran are all very well, but they mean nothing unless we create
an independent perspective on the US occupation of Afghanistan and our
role in it, a perspective that sees the US war against the Afghan people for
what it is instead of adjusting our options to fit into the barbaric US game
plan with a view to limiting the damage we suffer as a consequence. Doesn't
it make more sense to work more closely with other countries in the region
for an early and complete withdrawal of NATO troops from Afghanistan?
After all, Afghanistan is not the first and only country to be invaded,
occupied and destroyed by the US. Hasn't the champion of human rights and
democracy killed millions of innocent civilians in its imperialist wars around
the world, changing regimes that do not bow to it and appropriating
resources under fictitious pretexts? Don't we know about the dangerous
games that the CIA plays all over the world, funding and arming dissident
groups, fomenting coups and instability, playing havoc in the countries it
118

targets? Isn't it a bit naive for the Parliamentary Committee to ask the US for
transparency regarding its intelligence operatives and private security
contractors? Do they think that the CIA is a philanthropic organization
distributing milk and books to children, and it would be willing to share the
information that it often hides from its own government?
The US government is only a face for the greedy and brutal nexus of
unscrupulous corporations and equally unscrupulous big daddies of
international finance, and it employs its intelligence and war machinery to
serve their goals of enslaving the world and controlling its resources. And
this is why it is here. On the pretext of fighting terrorism, it has terrorized
the entire population of Afghanistan for more than a decade, created more
terrorists, and used the chaos to further its agenda of destabilizing and
eventually controlling the region. This is the perspective we must keep in
mind while fashioning a policy to deal with the monster at our doorstep.
Beating about the bush won't do. We must tell the global badmash that
we will not assist it in any way in its war against the Afghan people And
until the last NATO troops leave Afghanistan, we are closing down all
American consulates and limiting the diplomatic staff at their Embassy in
Islamabad to the bare minimum. (Jalees Hazir, TheNation 25th March)
PNSC recommendations in Parliament: Leaders of opposition
partiesgave broad outlines of their proposals to the media. They would
seek guarantees on the issue of national sovereignty and security that stood
imperiled owing to the indifference of the government at the US
administrations disregard of Pakistans legitimate concerns. The opposition
leaders maintained that they would insist on linking the resumption of
NATO supplies to an end to the drone strikes, cross-border attacks, whether
carried out on the pretext of hot pursuit or for any other reason, and an
unqualified apology from the Obama Administration for the Salalah carnage.
They would also demand credible assurances from the government about the
implementation of earlier resolutions of Parliament and decisions of allparties conference that had not been honoured.
As the records would show, the ruling political leaders have
themselves, at one time or the other, articulated the views that the opposition
leaders are putting forward. Besides, the Pakistani society across the entire
spectrum holds them dear. For, without doubt, the inviolability of frontiers
constitutes the kingpin of the structure of governance of any country that
calls itself independent and sovereign. Thus, on the face of it, the PPP and its
coalition partners should have no hesitation in accepting the oppositions
119

proposals. That would enable Parliament to adopt a unanimous resolution,


with these points forming part of it, which would carry weight during the
course of discussion with the American officials and Congressmen have
already indicated that drone attacks will not be halted. The US, should be
more concerned with problems which come with a drawdown of troops
without the transit facility. Pakistan's demands are in accordance with
international law and should be accepted if the US foresees a beneficial
relationship with Pakistan in future. (Editorial, TheNation 26th March)
As far as the supplies to US/NATO/ISAF forces in Afghanistan are
concerned, it is an issue involving almost more than 40 countries and should
not be taken merely to teach Washington a lesson. Pakistan cannot afford to
lose its goodwill among the international community. Therefore, no decision
should be made in haste by the joint session due to be held today, resulting
in an unnecessary damage to its image at the international level.
As a final word, America must realize the great losses suffered by
Pakistan in terms of human lives, infrastructure and economy during the last
10 years, as a result of its role as frontline state in the ongoing war on
terror. While the US and West is spending billions of dollars on the war, they
should generously compensate for the losses incurred by it without delay.
Pakistan, too, needs to review and redesign its foreign policy that is based
purely on its own requirements and national interests. (Ikramullah,
TheNation 26th March)
Foreign policy of a state cannot be static even as some of its
underlying concerns and norms have an enduring value. In a world of flux,
its conduct demands flexibility and adjustment within its abiding parameters.
Pakistans parliament would have to remain continuously, and not
episodically, engaged with foreign and security policy issues if it wants to
break the near monopolistic control of the executive on them.
Unless it re-tools itself for an effective role in formulating and
supervising foreign policy, it would run the risk of instrumental use by the
core practitioners in the Foreign Office and elsewhere. Effective
parliamentary oversight in future would be a bold departure from our past.
(Tanvir Ahmad Khan, Dawn 27th March)
Joint sitting to restore NATO supplies: Whether it be taking
photographs of mutilating Afghan bodies, or burning the Holy Quran (as at
Bagram) or indulging in a murderous firing spree in Kandahar, the US
troops have shown a distressing propensity to violate the express orders of
their superiors and do what they want. Although this upstanding and rugged
120

individualism is what the American Way of Life is all about, the US army
seems to be facing the sort of disciplinary problems it did in Vietnam, when
it also faced a phenomenon that gained its own name, flagging, or killing
ones own officers. Rugged individualism does not seem to be much good at
making an army an army. The only way of avoiding further incidents seems
to be to put as much distance between oneself and the American forces. The
joint sitting must also not ignore the fact that the USA is not going to make
the apology asked for by the PCNS, and which the government has said it
has not asked for.
This is the line being pushed by the opposition in the joint sitting,
which only got underway after a debate. However, the debate is needed by
the USA to deliver the NATO supply routes, and there has been an
agreement just to pay for the upkeep of the roads, but the giving of some of
the supplies to the Railways for transport means a guaranteed source of
income for a cash-strapped organization. It also seems that the government
is not holding the debate because it should, but because the USA has
expressed an interest in this. This did not stop Centcom Chief and the US
Commander in Afghanistan, Gens James Mattis and John Allen, from
meeting COAS General Ashfaq Parvez Kayani before its deliberations were
over. One of the PCNS demands, for an end to drone strikes, seems
something the USA will not concede, despite the thorough violation of
Pakistan sovereignty it represents.
Another problem the debate faces is that both the President and Prime
Minister are abroad, and thus the matter cannot be as serious as those visits.
The Prime Minister is even proceeding on a private visit to the UK, thereby
sending an unmistakable quiet signal about the debate. However, the view
that there is something outside the joint session deserves serious
consideration by the assembled parliamentarians, for it challenges their
authority to speak for the nation. And that, in turn, means that the
government it throws up is not the representative body it claims to be.
Admittedly, perhaps, no government that has completed four years in office
can claim to be representative any more. Though it has a legal right to
complete its full term, its moral right to carry out steps like restoring NATO
supplies must be doubtful. (M A Niazi, TheNation 30th March)
Pressure to resume: The talks between the two countries Generals
are not the forum which will decide one way or the other on the resumption
of NATO supplies. That depends on the joint sitting of Parliament, and the
representatives of the people that the joint sitting represents. The USAs
stubborn refusal to offer an apology is also something which its supporters
121

in Pakistan cannot really understand, except in terms of American domestic


politics, where President Barack Obama faces re-election later this year.
Pakistan wishes to accept the US as an equal friend, but cannot accept it as
an imperial master. It would be best if Pakistan were to bring to an end this
alliance, as well as whatever participation it still has in the USAs so-called
war on terror. There should be no more high-level contacts unless the joint
sitting decides in favour. (Editorial, TheNation 30th March)
American interest: The crucial question is: Why did the US allow
Pakistan to make the bomb? Possibly, because it did not expect that Pakistan
could make it. When India exploded nuclear device on May 11 and 13, 1998,
Mian Nawaz Sharif, in spite of immense international pressure, boldly went
ahead and exploded nuclear device on May 28 and 30, 1998. Our atomic
wizards pursued the missile programme and today, no target worth the name
in India is out of their range. We have well defined and well defended
nuclear assets. Our command system has ensured that they remain in safe
hands.
To make India powerful to contain China, it wants to denuclearize
Pakistan. And the only way to do it is to weaken our army and ISI. After
remaining our ally for so long, the US is hitting us in the back. Our
leadership must remain firm in guarding our interests. The 18 million people
of Pakistan will firmly stand behind it. (Khawaja Rahat Latif , TheNation
30th March)
New terms of engagement: The basis of the rebuilding of ties
between the two countries should not be the monetary gain for the weaker
party (Pakistan), but a clear recognition of mutual interests. As Imran Khan
puts it: We can no longer afford to have a master-client (slave) relationship.
We, of course, can have friendly ties and respect for each others concerns.
Indeed, the complex end game in Afghanistan cannot be successfully played
out without taking care of Pakistans interests. The US has, to a considerable
extent, been treating Pakistan shabbily. The very idea of hyphenating
Pakistan with Afghanistan was based on downgrading the status of Pakistan
coining the odd title for it as AfPak.
The fact of the matter is that Pakistan has been used roughly and
even callously. It has suffered heavily in terms of human and financial cost.
Its economy has been ruined and society weakened and destabilized. There
is much sense in what Imran Khan has been saying for a long time. Yes, the
anti-state faction of the Taliban and the foreign elements must be dealt with
firmly, but we cannot afford to continue fighting with our own erstwhile
122

patriotic Pakistanis living in the tribal areas. The whole question of fighting
terrorism needs to be reviewed in depth in a statesmanlike manner with the
aim of safeguarding our own national interests. It is time we make the
international community recognize our concerns and constraints.
At the same time, we cannot afford to isolate ourselves in an
increasingly interdependent world. What is needed is a clear-eyed and
balanced approach to our numerous external and internal challenges. The
political opposition has its job cut out to intelligently act as a watchful
monitor to keep a weak, wayward and unpredictable government on course.
(Inayatullah, TheNation 31st March)
What does Pakistan want? The generals I met were somewhat
understanding about the signature-target policy, at least where al-Qaeda is
involved, but they were unyielding in their resentment of American
unilateralism, and the violations of Pakistani sovereignty and dignity that
drone strikes present.
As for force-protection targets, the Pakistanis ask why the American
military cant just track hostile trucks that might be heading for war in
Afghanistan until they cross the border-and then strike them on Afghan soil.
Most analysts acknowledge that unilateral, cross-border drone strikes are
destabilizing Pakistan. Yet Pakistans stability remains a putative goal of the
American military campaign in Afghanistan. American troops must be in
Afghanistan to help assure, through Al Qaedas defeat, the long-term
stability of nuclear-armed Pakistan. Is America destroying villages in order
to save them again?
The tone of Ten Years After 9/11 is not so sharp. Strategic thinkers in
the Pakistani military constructed the document to coax sympathy from
NATO governments on whom they continue to depend in some respects, and
it includes a measured, sensible call for humility and understanding. At the
same time, many in the Pakistani lites hold a firm conviction: that the logic
chain of the American military campaign is broken. (Steve Coll, TheNation
31st March)

Afghanistan
End the war: That applies to all wars. Theyre all hell for those
involved. Some are worth it. Some are not. The war in Afghanistan certainly
is not. So, we should get the hell out, sooner not later. Invading Afghanistan
after 9/11 to try to get Osama bin Laden and his gang certainly was worth it.
After he and they escaped to Pakistan, we should have gone after them. But

123

then President Bush and Vice President Cheney and their crowd didnt.
Instead, they used that situation as a flimsy excuse to invade Iraq. The cost
of that misadventure in lives and dollars is inexcusable.
President Obama properly has brought most of our troops home from
Iraq. But he doesnt understand that Afghanistan is now in the same
category. Thats especially true because Obama removed any reason for
fighting in Afghanistan when he had our Navy SEALs get bin Laden from a
petty Pakistan and dumped his body into the sea. Unfortunately, many of our
political leaders listen to pro-war advocates with personal interests
Novembers presidential election likely will be decided by both the economy
and war. Obama is doing OK on the economy. If he gets it about war, hell
win. If he doesnt, he probably wont. (From USA Today, TheNation 24 th
March)
Stay beyond 2014: US Special Envoy to Pakistan and Afghanistan
Mark Grossman has announced that the US is planning to maintain its
military presence in Afghanistan beyond 2014 roadmap Grossmans
words only confirm the thesis that the US had strategic motives when it
came to Afghanistan on the pretext of fighting terrorism. It is by prolonging
its stay there that the US would like to ensure the exploitation of Central
Asias energy resources to meet its needs and contain China. In one of his
recent utterances, President Obama was quite direct while expressing his
concern to contain China in the region. Also the fact that egging India on to
assume the role of regional policing falls in line with this argument. When
US set foot in Afghanistan after 9/11 in 2001 it made it very clear that the
objective was to hunt down the mastermind of 9/11 attacks, Osama bin
Laden, and eliminate Al-Qaeda network that he headed. He has been hunted
down and also a large part of his network, as the US secret agencies have
been claiming, and yet the US intends to stay in Afghanistan beyond the
targeted date of withdrawal, removes doubt, if ever there was about its real
motives. (Editorial, TheNation 26th March)
Obamas next move: By itself, a plan to make any additional foreign
military buildup in Afghanistan temporary should not have raised too many
eyebrows; after all, President Bush did much the same thing with the surge
in Iraq. But Obama seemed to be promising a fairly rapid end to the war
overall and that seemed to be the message he wanted the US Congress and
the American people to hear.
He took a similar approach last June, in announcing a faster initial
troop drawdown than Gen Petraeus had favoured. This somewhat mixed
124

effort, even if useful for handling domestic criticism of the war at home, has
probably contributed unhelpfully to hedging behaviour among many
Afghans and Pakistanis.
Where does this leave us? A convincing victory seems unlikely. But
still attainable is an acceptable outcome, if Obama stays patient. The future
of Afghanistan may resemble what has been witnessed in parts of Pakistan,
or Colombia, with an ongoing insurgency and certain areas largely beyond
the control of the government for extended periods. But at least it will no
longer be in Taliban hands or in an anarchic Somalia-like state; the areas
where Al Qaeda could seek to take sanctuary would be more limited, and
more vulnerable to government or NATO strikes.
That would not be a risk-free result but it would be preferable to
outright defeat, and would still on balance probably keep America safe and
still square with Obamas generally practical, if no longer quite so
inspirational, approach to US national security policy. (Michael O Hanlon,
Dawn 27th March)
Dushanbe meeting: The quadrilateral summit in Dushanbe
coincided with the fifth Regional Economic Cooperation Conference on
Afghanistan. As against the 11 countries that attended the first conference in
Kabul and the 24 that attended the third in Islamabad more than 80 countries
and a host of international organizations are present in Dushanbe.
International interest in working for a stable Afghanistan after the
NATO withdrawal is obviously at its peak. Any worthwhile initiative by the
summit participants and other regional countries will win international
support. Pakistan must take the lead because it is Pakistan, as I have shown
in earlier columns, that would be most affected by continued instability in
Afghanistan. (Najmuddin A. Shaikh, Dawn 28th Match)
US faired badly: How bad the American military has performed can
be gauged from the fact that Afghanistan is on the brink of chaos;
warlordism, drug trafficking and return of militancy plague the political
landscape. In fact, the colossal bloodshed inflicted on the Afghans during the
decade of US military invasion makes the previous rule of Taliban look
somewhat better in comparison. At least, the common Afghans were not
slaughtered with such impunity. (Editorial, TheNation 29th March)
Looking in the mirror: Rather than recognize the futility of their
global misadventures that have brought them more flak than credit bringing
worldwide disgrace and dishonour, the US and its think tanks insist on
finding scapegoats for their failures. They continue blaming Pakistan for
125

harbouring close links with the Haqqani Network responsible for striking the
US-led NATO forces in Afghanistan and failing to take action against the
alleged safe havens in Waziristan. On the contrary, Haqqani rubbished the
American claim and declared that he and his men were living in
Afghanistan, and did not feel the need to have an outpost in Pakistans tribal
areas. Even if the American blame is to be believed, it points to the abject
failure of the worlds most sophisticated military might to thwart, contain or
defeat a small group of combatants for over a decade that reflects poorly on
its part.
Worst still, after a unified Pakistani civil and military response calling
for peace initiatives to find a face-saving exit for it, the US instead brought
its protg Hamid Karzais bizarre accusation that Pakistan masterminded
Burhanuddin Rabbanis murder - the man, who was making an effort to end
hostilities in Afghanistan. More so, what about the puppet sheltering fugitive
Malvi Fazllulah of the Pakistani Taliban brand under US tutelage, and
enabling his men to carry out attacks across into Pakistan? Mind looking
yourself in the mirror! (Zaheer Bhatti, TheNation 31st March)
For more stable Afghanistan: What, then, is the proper policy for
the international community? First, we must focus on what is most important
- a transition to a post-Karzai system that is seen as reasonably legitimate by
all parts of Afghanistan. This is primarily a question of making the elections
as free and fair as possible, and here the UNs role will be critical. But it is
also imperative to establish a wide national consensus on the rules of the
game. Karzai can leave no better legacy than an orderly transition, and has
no interest in seeing all that he has achieved go up in flames.
Second, we must encourage a true regional dialogue that prevents
Afghanistan from becoming a battleground for devastating proxy wars.
Here, the key will be to bridge the gulf between Pakistans government and
the forces of northern Afghanistan. Pakistan must do whatever is necessary
to convince everyone that it will not play a hidden game with the Taliban.
It is equally important that Pakistan and India engage in an open
dialogue that can establish trust and transparency in their respective policies
concerning Afghanistan. Today, this dialogue hardly exists, and their mutual
manoeuvring, fuelled by mistrust, could easily destabilize their weaker
neighbour. Finally, for reasons of history, geography, and culture, Irans role
in Afghanistan cannot and should not be ignored.
The task now is not to seek an illusory endgame. The book is not
finished; we are merely entering a new chapter. What we must do now is
126

create the framework for a more stable Afghanistan, and for sustained
international engagement in a region that is crucial for global stability.
(Bashir A Malik, TheNation 1st April)

Iran
Legality of sanctions: An argument that US sanctions on Pakistan
could be initiated because of the Iran-Pakistan gas pipeline would assert that
America is a) not territorially affected by the construction of the pipeline
since it is not in its geographic territory; b) the construction of the pipeline
has no effect on any US national; c) the construction of the pipeline does not
intend through misuse or espionage to violate US laws; and d) it does not
have substantial effects within US territory. Finally, Pakistan would have to
prove that the construction of the pipeline does not posit a universal threat to
the worlds security or the proliferation of terrorist activity.
Of the conditions listed above, the first and second relating to
territoriality and nationality are amenable to being proven inapplicable,
making the satisfaction of the first four conditions an improbable basis for
justifying US sanctions. The pipeline is quite obviously not within US
territory, nor does it implicate substantial effects beyond those of a globally
interconnected energy market.
The problem, of course, is likely to be the universality principle. The
US has long asserted that the primary threat from Iran is the likely
proliferation of nuclear weapons which could be availed by non-state
groups.
The same charges have been leveled at Pakistan. An imposition of
sanctions on Pakistan, then, could be comfortably justified via the argument
that the construction of such a pipeline and close relations between the two
countries would allow terror groups or states sympathetic to them to develop
the means to destroy the world. Energy for some, the US can easily convince
a terrified world, may mean the destruction of everyone else. (Rafia
Zakaria, Dawn 28th Match)

India
Was this needed? The Foreign Office spokespersons statement that
India can build run of the river projects on Indus waters comes as a surprise.
Did he not know of the 260 small and large dams that India is in the process
of constructing and about 50 of these have already been completed? The
Indus Waters Treaty signed between the two countries, strongly forbids India
not to build dams on three western rivers granted to Pakistan. India has
127

brazenly violated that provision. Since agriculture forms the mainstay of


economy, which cannot survive without water, the damage to our crops and
farming community has been colossal. The Baglihar, Nimobazgo and
Kishanganga dams are few of the mega-projects that have bled us dry.
Indias water blockade has also seriously hampered Pakistans electric
generation capacity. It is a crying shame that under circumstances of the sort,
when our Foreign Office should be on a diplomatic offensive, it is, in its
innocence, encouraging India to go a step further.
Also on the question of electricitys import from India, he expressed
ignorance, which gives the impression that the plan to import 5000MW of
power was made without an input from an important concerned institution.
And what could be worse that India is now about to sell us electricity
generated on our share of canal waters while we have not been able to build
Kalabagh Dam to cater to the countrys needs. (Editorial, TheNation 31 st
March)
A Karbala in the waiting: What to speak of 190 dams, even a
fraction, say fifth of their number, could be deadly for the safety and security
of Pakistan. By cumulative impoundment of their storages at a crucial crop
cycle say during the wheat sowing period - mid-September to end November
- could leave millions of acres of land unsown, resulting in widespread
famines and starvation in Punjab and Sindh. On the other hand, the
simultaneous release of stored waters at the peak of floods in summer could
cause more devastation in Punjab and Sindh than experienced in 2010.
Either way, these dams could be a recipe for starvation and/or destruction in
Pakistan.
Against this backdrop, the Indian policymakers seem to possess the
mindset of their ancient guru Chanakya (like Machiavelli). Having achieved
full control of the waters of western rivers, there may be little or no water
flow downstream, even for drinking in Pakistan what to speak of irrigation.
In such a situation, River Kabul flowing in from Afghanistan was the only
source of relief for a small part of the country. But it also became a target of
the Indian hegemony. New Delhi is financing and building 12 dams on River
Kabul disregarding Pakistans historic water rights.
India would, thus, have under its control not only the waters of
Chenab, Jhelum, and Indus, but also Kabul. It would be in a position to
starve and strangulate Pakistan at will. In other words, because of these evil
designs of the Indians, Pakistan is but a Karbala in the waiting. (Bashir A
Malik, TheNation 1st April)
128

REVIEW
Public representatives of Islamic Republic of Pakistan, a country
possessing atomic arsenal, were clearly hesitant to spell out
recommendations for reviewing Pak-US relations and re-establishing them
on the basis of mutual respect and equity. Although, out of these
democratic rulers some belonging to fairer sex are so brave that they do not
hesitate slapping government servants in public.
It was matter of shame that about half a thousand parliamentarians
were so scared of global bully that they could not even dare demanding a
fair deal lest the bully gets annoyed. And yet, they kept deceiving the people
whom they represent that their will be no compromise on national interest
and honour.
They seemed equally scared of telling the truth to their own people. At
last, while the two houses of the Parliament of Pakistan were still to debate
the re-drafted recommendations of PNSC, US General Dempsey came to
their rescue. He announced that NATO supplies by land routes through
Pakistan would be resumed in mid-May.
Ghulam Nabi Fai was sentenced for two years in prison for
maintaining relations with ISI and receiving funds for lobbying for Kashmir
cause. Alas! Virginian judge did not reciprocate the goodwill shown by a
Punjabi judge in Lahore who freed Raymond Davis, an accused of double
murder, after literally winding up the case in one sitting. ISI too failed in
approaching John Kerry and requesting him for return of the favour.
Zardari and Gilani, however, made some bold overtures about
enhancing Pakistans relations with Iran and China. Were they serious about
it or were trying to bluff the American masters to get some dollars? This is
the question about which Iran and China too would be pondering over.
However, like Pakistani rulers about the US, the Obama Administration
remained indecisive about Afghanistan.
2nd April, 2012

AROUND GLOBE

129

The layout of the articles under this series will remain unchanged,
except that Iran has been shifted to Af-Pak region which is the main theatre
of war at present. The holy is waged the world over for achieving multiple
goals, other than subjugation of Islamic countries. Therefore, the events are
covered region-wise, as the goals and the nature of war vary in each case.
Region One; lies just west of the Date Line in which Bangladesh has
been included. In this region there are three countries where some kind of
Islamic militancy exists. In Philippines, the militancy is historic that was
initiated against Muslims by Spaniards, who had arrived there soon after
eliminating Islam from their homeland. In Thailand, it is because that
Muslims of the south identify themselves with Malaysians because of
religious and ethnic homogeneity. Militancy in Indonesia surged temporarily
after 9/11.
Australia, along with New Zealand, acts as watch dog of the region
being direct descendent of White Christians of Europe, like Americans.
Japan in the north is an ally of the West since end of WWII. All the goals of
the war in the region are related to containment of China, by dominating the
oceans around it and suppressing the birth of any possible ally of China.
North-South divide in Korea helps in this context.
Region Two; comprises countries and areas of Mainland Asia, where
Muslims have been suppressed culturally for centuries. They are incapable
of posing any threat to Whitemans supreme interests, but can cause trouble
for Russia and China, i.e. Caucasus region for the former and Xinjiang for
the latter. It is for this reason that the Islamists of this region are not only
ignored by the West, but also provided diplomatic and moral support.
Region Three; named Middle East includes countries of Arabian
Peninsula, Iraq, Turkey, Syrian, Lebanon, Israel and Palestinian territories.
This has been the historic hub of the Muslim-Christian conflict. Main goals
of the Crusaders are the security of Israel and grabbing of oil and gas riches
of the region, which are more than forty percent of world resources.
Every country in the region is a potential trouble spot, providing
pretext for foreign intervention. Some of the active volcanoes are Shia-Sunni
hostility in Iraq; Kurd militancy causing problems for three countries,
especially for Turkey; regime change endeavours in Syria; Israel-Palestine
conflict needs no elaboration and the Yemen in the south. Two others have
been crusted by UN peace-keepers in Lebanon and by application of
overwhelming force in Bahrain.

130

Region Four; it comprises all lands inhabited by followers of Islam.


Counting anti clock-wise the trouble spots in the Dark Continent are;
Somalia now left for African Union to control with Ethiopia and Kenya in
the fore front; divided Sudan bleeding through North-South forays on each
other territories; and Mali has been added recently after a coup by Islamists
in February.
The regime change in Egypt has resulted in return of Muslim
Brotherhood through democratic process. The Crusaders are now watching it
closely for appropriate response. Libya, after having been liberated is being
set-up for fragmentation in line with the goal of redrawing borders of
Islamic countries.
Region Five is Europe. Here the focus is on discouraging immigration
of Muslims and those want to stay on must merge with culture of the natives
even if it means abandoning practice of some part of their faith. Region Six
means the US and Canada. The aim is to ensure homeland security,
however sometimes even Muslims like Mr Fai fall prey to this aim of the
Crusaders.
Out of the war around the globe Syria will be in the limelight for some
time to come. The focus on Assad is also aimed at isolating Iran, apart from
doubly ensuring the security of Israel. Turkey, part of NATO and puppet
regimes in Saudi Arabia and Qatar are fully cooperating.
The Crusades initiated by Texan Rancher have undoubtedly turned out
to be the ugliest in the history. All the Pharaohs put together must not have
killed as many Israelis as the modern civilized Pharaohs have massacred
Muslims in Iraq alone. This is American version of taking revenge.

NEWS
Far East
On 20th March, Benigno Aquino said that Philippines is allowing US
drones to conduct reconnaissance flights over its territory but strikes from
the unmanned planes are banned. When asked if US drones were operating
in the southern Philippines where hundreds of American troops have been
helping to contain an Islamic militant threat for a decade, Aquino said
American forces were banned from participating in combat operations. No
drone strikes, he said. The US forces had been following the bilateral
agreement that restricted them to training.

131

On 31st March, three bomb attacks minutes apart killed ten people and
wounded more than 100 in the main town of Yala in Thailand's insurgencyhit far south. One policeman was wounded in a separate motorcycle bomb
attack in Mae Lan district of neighbouring Pattani province, police said. The
military last week admitted troops had shot dead four Muslim villagers on
their way to a funeral due to a misunderstanding in late January after
apparently fearing they were under attack from militants. On 5 th April, two
explosions rocked the western Philippine tourist island of Palawan, leaving
three local residents injured.

Middle East
Iraq: On 19th March, tens of thousands of loyalists of cleric Moqtada
al-Sadr rallied Basra decrying poor services and rampant graft on the ninth
anniversary of the US-led invasion against Saddam Hussein. Reading
remarks composed by Sadr, currently in Iran, Sheikh Assad al-Nassari told
the crowd: We cannot rest when there is injustice against us.
Despite increasing oil production, Iraq suffers from sporadic
electricity, with power cuts multiplying during the boiling summer, poor
clean water provision, widespread corruption and high unemployment.
Sadr's movement, which counts around 40 MPs and several ministers as part
of its political bloc, organized the demonstration to coincide with the ninth
anniversary of the US-led invasion.
Next day, at least 27 bombs struck cities and towns across Iraq, killing
at least 51 people and wounding nearly 250, despite a massive security
clampdown ahead of next weeks Arab League summit in Baghdad. The
scale of coordinated explosions showed an apparent determination by
insurgents to prove that the government cannot keep the country safe ahead
of the summit. Most of the blasts targeted police checkpoints and patrols.
On 24th March, Police detained 22 policemen after 19 inmates,
including two men on death row, escaped from a prison in the northern city
of Kirkuk a day earlier. They apparently drugged guards and fellow inmates
using narcotic-laced dates that put them to sleep before breaking out of the
jail. The prisoners were alleged al-Qaeda insurgents and fighters belonging
to Ansar al-Sunna, a Salafist group that has claimed several attacks against
US and Iraqi security forces.
On 2nd April, Deputy Prime Minister of Iraq said that Qatar hosting
fugitive Vice President Tareq al-Hashemi was unacceptable and called on
Doha to hand him over. Hashemi was quick to reject Baghdads extradition

132

demand. On 4th April, a car bomb targeted local police chief Colonel Qandil
Khalil, killed five people and wounded 10, while another attack left one man
dead in central Iraq, police and medical officials said. It was the second
attack against Khalils convoy this year, after a previous car bombing in
January that he had survived.
Next day, an explosion hit a pipe line carrying oil from Iraq through
Turkey, cutting off crude exports from northern Iraq. The pipeline, which
exports between 400,000 and 450,000 barrels of oil per day, has been the
target of periodic attacks. Kurdish insurgents opposed to Ankara operate in
the region and across the border in Turkey.
Palestine: On 24th March, a young Palestinian was shot and wounded
in a clash with Jewish settlers in the West Bank. The trouble erupted when a
group of around 40 Israeli settlers entered the Burqin area in the north of the
occupied territory and clashed with residents. At least one settler opened fire.
In Washington, US lawmakers have released $88.6m (56m) in development
aid for the Palestinians that has been frozen for more than six months to
punish Palestinians for seeking membership of the UN.
On 30th March, Israeli gunfire killed a 20-year-old man and wounded
another 51 people as thousands rallied across the West Bank and Gaza to
mark Land Day. Palestinian medical officials said a total of 318 people were
injured in clashes with the Israeli army and police, of whom 51 were
wounded by Israeli fire. The Israeli army had no immediate comment on the
Gaza shootings, saying it was only aware of two people injured by live fire.
In south Lebanon, hundreds of Palestinian refugees gathered near
Beaufort Castle as large numbers of Lebanese troops looked on, with barbed
wire erected to ensure no one approached the flashpoint frontier. In Jordan,
more than 15,000 people, joined a peaceful sit-in at Kafrein, some 10
kilometres from the Allenby crossing. In northern Israel, several thousand
people joined the main march to Deir Hanna, waving Palestinian flags and
carrying pictures of the six people killed during the 1976 protests.
On 4th April, Israels government published tenders for 1,121 new
settler homes as it faced settler anger over its decision to evict Israeli
families from a disputed home in the Palestinian city of Hebron. a ministry
spokesman dismissed the tenders as nothing new, but settlement activists
said it was the first time the offers had been made public.
Syria: On 16th March, Kofi Annan, called on the Security Council to
overcome its stalemate and unify in support of his efforts to end the violence
in Syria. Annan told reporters in Geneva that Syrias political turmoil needs
133

to be handled carefully to avoid any miscalculations that could lead to a


major escalation that could impact the entire region.
I think it is a conflict in a region of the world that has seen many,
many traumatic events, he said. I think we need to handle the situation in
Syria very, very carefully. Asked if the government and opposition would
agree to speak with each other, Annan said the activists he met, although
angry and frustrated over the government crackdown, are eager to get talks
going and resolve the issue politically and peacefully.
Next day, two early morning bomb blasts killed at least 27 people in
the heart of the capital as Kofi Annan warned of regional fallout from the
year-long bloodshed in Syria. Angry residents vented their fury at Arab
supporters of anti-regime activists. Paris, which has been at the forefront of
calls for Assad to quit, condemned the attacks.
On 18th March, Syria was hit by the third lethal car bombing of the
weekend as UN teams readied for a government-led humanitarian mission
and to work to launch a monitoring operation to end a year of bloodshed.
State media, charging that such attacks aim to sabotage efforts to find a
political solution to Syrias crisis, said the explosion killed two people and
wounded 30 others. The capital and Aleppo are both seen as having high
levels of support for President Assad.
Next day, fierce clashes between rebel troops and forces rocked
Damascus district just hours before experts sent by peace envoy Kofi Annan
arrived in the capital. State television said three terrorists and a security
force member were killed in the clashes; several people were also wounded
on both sides. Violence was also reported in the central province of Hama,
where several houses in the town of Qalaat al-Madiq were destroyed in
shelling by security forces.
On 20th March, a human rights group accused armed opposition
groups in Syria of kidnapping, torturing and executing members of the
security forces and supporters of President Assad. Human Rights Watch, the
New York-based watchdog, condemned the tactics by opposition fighters,
who have long accused government troops and loyalists of carrying out
similar abuses.
In an open letter to leaders of the opposition, Human Rights Watch
cites increasing evidence of kidnappings, torture and executions and called
on those forces to refrain from engaging in these unlawful practices. The
Syrian government has been roundly criticized across the globe for its
violent attempts to quash the opposition over the last year.
134

Next day, the UNSC adopted a presidential statement strongly


supporting UN-Arab League envoy Kofi Annans plan to try to end Syrias
year-long unrest. The statement said Syria will face further steps if Annans
six-point peace proposal is rejected. The plan calls for a cease-fire, political
dialogue between the government and opposition, and access for
humanitarian aid agencies. Russia and China had called the earlier
resolutions unbalanced, saying they demanded an end only to government
attacks, not ones by the opposition.
On 22nd March, clashes raged across Syria with 10 civilians on a bus
trying to flee to Turkey among at least 26 people killed. Army forces
attacked a string of towns, while rebel fighters struck army posts in several
provinces and announced a command structure to coordinate hit-and-run
strikes in and around the capital.
Next day, Syrian forces bombed towns and clashed with rebels in
several regions as activists said thousands staged anti-regime protests and
the European Union slapped sanctions on the countrys First Lady. In the
capital, five people were wounded when security forces opened fire to
disperse protesters and army deserters killed a soldier in Hama province.
Kofi Annan was to travel this weekend to Moscow and Beijing, which have
blocked Security Council action against Syria over the crackdown, but he
had no immediate plans to return to Damascus.
On 24th March, army resumed heavy shelling of the rebel hubs of
Homs and Hama as international envoy Kofi Annan arrived in Russia in a
new push for peace. At least 20 people were reported killed nationwide,
among them four government soldiers. The fiercest regime assault targeted
Saraqeb in the northwestern province of Idlib which was stormed by troops
backed by 26 tanks. Activists reported fierce overnight clashes between
troops and mutineers in and around the capital.
Next day, Russian President warned on Sunday that Kofi Annan
represented the last chance for avoiding a civil war in Syria and offered the
UN-Arab League envoy Moscows full support. Medvedevs message to
Moscows traditional ally came only hours after US President announced
plans to send non-lethal aid to the Syrian rebels and new waves of violence
swept the battle-scarred country.
Russia has been facing mounting Western and Arab calls to step up
pressure and stop delivering arms to President Bashar al-Assads regime
after a year of violence that the opposition says has claimed more than 9,100
lives. Medvedev appeared to be aiming his words at Assad directly by
135

warning of dire consequences if Damascus ignored Annans peace plan.


Annan expected Russia to play an active role in making sure that both sides
follow the points of the UN Security Council-backed initiative.
Human Rights Watch said that regime forces in Syria have resorted to
using civilians as human shields to protect themselves from attacks by rebel
fighters. Citing witnesses and YouTube videos, the watchdog accused the
army and Shabiha pro-regime militia of forcing people to march in front of
them as they advanced on opposition-controlled towns in northwestern Idlib
province.
On 27th March, Syria accepted a proposal crafted by Kofi Annan that
aims to end bloodshed in the strife-hit country, but the United Nations-Arab
League envoy cautioned implementation is key to peace. Annan is in Beijing
on a trip aimed at shoring up support for his six-point plan, which also calls
for a daily two-hour humanitarian ceasefire and access to all areas affected
by the fighting in Syria.
Meanwhile, Syrian forces pressed their assault across the country with
at least eight people, including three women, killed overnight in clashes with
rebel troops, the Syrian Observatory for Human Rights said. At least 13
people were killed across Syria in clashes between regime forces and rebel
troops, including near the border with Lebanon. Next day, security forces
kept up heavy weapons fire and siege tactics against opposition strongholds
despite Presidents acceptance of a peace plan calling for the army to
withdraw to its barracks.
On 30th March, Kofi Annan urged Syria's Bashar al-Assad to
immediately implement a ceasefire, as fighting raged even after the
embattled president said he had accepted the peace plan. The Britain-based
Syrian Observatory for Human Rights said at least 24 civilians and a soldier
were killed in violence. Annan is also working to convince Syrian opposition
to lay down their arms and start talking.
The United States hit Syria's defence minister and two other senior
military figures with sanctions Friday, ramping pressure on Bashar alAssad's regime as UN efforts failed to halt violence. In a sternly worded
statement the Treasury Department said: The United States will continue to
work with our partners around the world to ensure that the Syrian regime
and its senior officials are held accountable for the continued repression in
Syria. Meanwhile, Hillary Clinton met King Abdullah in the Saudi capital.
Next day, a protest singer in Kafr Ruma was killed when his house
was raided. A young man and his sister were shot dead when state forces
136

stormed their village, and a man died of gunshot wounded inflicted during a
protest in Damascus. Army artillery and mortars pummeled the Khalidiya
district of Homs city, killing one. Six deaths were reported in Homs
province, two killed by snipers and two in crossfire. A child was killed by
rocket fire in the al-Bayyada area of Homs and a man was killed in crossfire
in clashes near a checkpoint.
In southern Deraa province, five were killed by machinegun fire in
Kharbat Ghazaleh and three died from wounds sustained in clashes
yesterday. Rebels killed six soldiers, including a Lt Col in Deir al-Zor, the
Observatory said. Despite the violence, Damascus says it has the upper
hand. The political opposition remains divided and prospects of Western-led
military intervention are close to zero.
Syria said a year-long revolt to topple President Bashar al-Assad was
now over, but it would keep its forces in cities to maintain security until it
is safe to withdraw in line with a UN-backed peace deal. The agreement
proposed by UN-Arab League special envoy Kofi Annan says the Syrian
authorities must be first to withdraw troops, and stop violence immediately.
Saudi Foreign Minister Saud al-Faisal told a news conference with
Clinton: The arming of the opposition is a duty, I think, because it cannot
defend itself except with weapons. Clinton proposed missile shield to
protect Gulf States from Tehran and sought to work with them to help end
the violence in Irans ally Syria.
On 1st April, Western and Arab nations called for Syria's Bashar alAssad to be given a deadline to meet the terms of a peace plan as fresh
clashes claimed another 40 lives. An international conference in Istanbul by
Friends of Syria countries also urged the United Nations to act to stop the
violence, but steered clear of backing opposition appeals for arms to fight
the regime clampdown.
In a final declaration, the conference urged Syria mediator Kofi Annan
to determine a timeline for next steps, including a return to the UN Security
Council, if the killing continues. Annans six-point peace plan calls for an
end to violence, a daily two-hour humanitarian ceasefire and access to all
areas affected by fighting, as well as an inclusive Syrian-led political
process, the right to demonstrate, and the release of people detained
arbitrarily.
An Arab League summit in Baghdad had rejected the option of
supplying arms to either side in the conflict, though members Saudi Arabia
and Qatar openly called for arming the anti-Assad movement. The US has
137

ruled out arming the rebels. Syria's neighbour Iraq said Assad's regime will
not fall and any attempts to overthrow it by force will aggravate the crisis in
the region.
Damascus blasted Sunday's meeting. Only the naive and those who
want to see through the eyes of the Americans believe that this is a
conference for the friends of the Syrian people, said Al-Baath newspaper,
mouthpiece of Assad's ruling party by the same name. Annan did not attend
the conference and Russia and China, Damascus's two remaining major
allies, have also opted out.
Next day, Syria agreed to an April 10 deadline to begin implementing
a six-point peace plan, UN-Arab League envoy Kofi Annan told the UN
Security Council. The Syrian government is committed, but we are
expecting Mr Kofi Annan and some parties in the Security Council also to
get the same kind of commitments from the other side (opposition). A plan
wouldnt be successful unless everybody is committed to it, said Jaafari.
On 3rd April, Tayyip Erdogan accused the UNSC of indirectly
supporting the oppression of the Syrian people by failing to adopt a united
stance. Once a friend of Damascus, Turkey has become a fierce critic of
President Bashar al-Assad over his year-long crackdown on his opponents.
We will not turn our backs on the Syrian people, we will not leave the
Syrian people to their own fate, Erdogan told a meeting of his ruling AK
Party.
Meanwhile, fierce clashes broke out between Syrian troops and rebels
as the regime sent reinforcements into a number of hotspots despite Assad's
pledge to implement a peace plan. At least 18 civilians were killed in the
fighting along with seven soldiers and four rebels, the Britain-based group
said. The United States Syrian President was failing to live up to pledges for
a truce and warned that it will judge him by his actions, not by his words.
Next day, forces pressed a crackdown on rebel bastions despite a truce
pledge, with 18 people reported killed, as Russia said the opposition would
never defeat President Bashar al-Assads army even if armed to the teeth. It
followed fierce assaults and clashes the previous day which left at least 80
people dead.
With international concern growing, a draft UNSC statement was
drawn up asking Syria to respect the April 10 deadline, according to a copy
of the text seen by AFP. The draft also urged the Syrian opposition to cease
hostilities within 48 hours after Assads regime makes good on its pledges. It

138

calls on all parties to respect a two-hour daily humanitarian pause, as called


for in Annans plan.
Turkey: On 21st March, four special force police officers were killed
in a clash with Kurdish militants in southeast Turkey amid heightened
tensions in the region over Kurdish New Year celebrations. Cobra attack
helicopters fired on a suspected group of Kurdistan Workers Party (PKK)
militants. Three soldiers were wounded and military reinforcements were
sent to the area.
Separately, one police officer was wounded in a small explosion near
offices of the ruling AK Party in Diyarbakir, the largest city in the mainly
Kurdish southeast of the country, another security official said. One police
officer died as a result of his wounds sustained during clashes.
On 24th March, security forces killed 15 rebel Kurds, all women, in
fighting in the separatist heartland in the southeast of the country. The
clashes occurred in a rural area of the province of Bitlis, a centre of the
armed rebellion being waged by the PKK. The Kurd separatist movement
had a number of women-only.
Bahrain: On 23rd March, thousands of Bahrainis took to the streets of
Shiite villages around the capital to demand reforms, with some calling for
the ouster of the Sunni-ruled regime. But the protesters stayed away from
the centre of Manama city and the former Pearl Square, where deadly
confrontations took place last year between protesters and security forces.
Next day, a man and a woman died of tear gas grenades fired by Bahrains
security forces to disperse protests in Shiite villages. Thousands
demonstrated after the Shiite-led opposition called for several simultaneous
protests across villages near Manama.
UAE: On 25th March, , Dubais police chief said the Muslim
Brotherhood is plotting to take over Gulf states. The start will be in Kuwait
in 2013 and in other Gulf States in 2016, he claimed. The police chief said
he based his information on leaks from Western intelligence agencies and
said this had been known to us. If these leaks from Western intelligence
were to be correct, by 2016 all Gulf rulers will be just figureheads with no
actual power, Khalfan said. I am warning Gulf states about these groups.
All of the six oil-rich Arab states in the Gulf have been governed for
centuries by ruling families that dominate almost every aspect of life and
who have the final say on almost everything. These states - Bahrain, Kuwait,
Oman, Qatar, Saudi Arabia and the UAE together sit on more than 40
percent of worlds proven oil reserves and around a fifth of its natural gas.
139

Yemen: On 16th March, suspected al-Qaeda militants kidnapped a


Swiss woman and were holding her in the southeastern province of Shabwa.
According to the official, the kidnappers are demanding the release of two
al-Qaeda militants detained in Hodeida. Two days later, gunmen riding a
motorbike gunned down an American teacher in Yemens second city of
Taez; an al-Qaeda-linked group claimed the responsibility
On 28th March, Saudi Arabias deputy consul in Yemens southern port
city of Aden was kidnapped by unknown gunmen outside his home. Saudi
embassy is in touch with Yemeni officials at the highest levels... But so far
the search (for Khalidi) has yielded no results. Khalidi is the third Saudi
national to be kidnapped in Yemen in as many years.
Next day, a bid for release of Swiss woman kidnapped in Yemen
suffered a blow after her abductors made excessive demands, including for
bin Ladens widows to be freed. Al-Qaeda militants abducted the woman on
March 14 from her home in the Red Sea port city of Hodeida, where she had
been teaching at a foreign language institute. She was taken to far eastern
Shabwa province.
On 31st March, at least 29 people were killed in heavy fighting
between the army and suspected al-Qaeda militants in Yemen's southern
province of Lahij. Seventeen soldiers were killed in the fighting, which
erupted when the Islamist fighters attacked army positions, an army officer
told AFP. Earlier, a military official had said the clashes had left 15 people
dead, including seven soldiers and eight militants.
Next day, al-Qaeda militants killed seven policemen in an attack on a
check point in Yemen's southeast. The suspected al-Qaeda gunmen riding a
motorbike also shot and wounded Colonel Abboud Fadhl, an intelligence
officer, in the leg in the southern province of Lahij. Qaeda members also
sabotaged a 320-kilometre (200-mile) gas pipeline linking Marib province to
Balhaf terminal on the Gulf of Aden. That came shortly after two US drone
attacks in eastern Yemen targeted Qaeda suspects, killing seven people, six
of them militants. Last month, 185 soldiers were killed in a massive assault
by Qaeda militants on an army camp near Zinjibar. The United States says
the Yemen-based Qaeda in the Arabian Peninsula, or AQAP, is the most
active branch of the global terror network.
On 3rd April, Yemeni forces killed 38 suspected members of al-Qaeda
in two days of air raids and shelling of their hideouts in the town of Huroor,
which lies on the crossroads between the provinces of Lahij and Abyan,

140

where the terror network has a strong presence. An army officer told AFP
that US forces backed the Yemeni military operation.

Africa
Libya: By 19th March, NATO had failed to properly investigate or
provide compensation for civilian deaths caused by its air strikes during the
seven-month operation in Libya that overthrew Gaddafi. Echoing similar
criticisms aired this month by Russia, Amnesty said scores of Libyans, who
were not involved in the conflict, had been killed or injured in NATO
bombings but there had been no proper investigations into their deaths.
Survivors and victims' relatives interviewed by Amnesty said they had
never even been contacted by NATO. Amnesty said NATO itself had
documented 55 cases of civilians, including 16 children and 14 women,
being killed in air strikes in Tripoli, Zlitan, Majer, Sirte and Brega, often in
private homes with no clear evidence of any military purpose. Another 34
people, including eight children, were killed in three separate attacks on two
houses in Majer with no explanation for why they were targeted, Amnesty
said.
Meanwhile, Libya's vice-premier said his country was determined to
have Muammar Gaddafi's ex-spy chief, also wanted by the International
Criminal Court, extradited to stand trial on home soil. He said that on arrival
in Mauritania where Senussi was arrested. Mauritania has received a flurry
of extradition requests, with both France and the ICC in The Hague keen on
prosecuting Gaddafi's feared former right-hand man.
On 26th March, more than 10 people were killed in clashes between
Toubou tribesmen and residents of the southern city of Sabha. The fighting
is continuing and getting worse, however, NTC member had met
representatives from the south in an effort to broker a solution.
Next day, the head of the Toubou tribe in Libya denounced what he
said was a plan to ethnically cleanse his people, and raised the threat of a
separatist bid, a day after deadly clashes. Issa Abdel Majid, formerly an
opposition activist against the regime of Moamer Kadhafi, had announced
the dissolution of the TFSL movement after the slain dictators regime fell.
We have already said that the unity of Libya was above every other
consideration. But now we have to protect both ourselves and other
minorities, Mansur told AFP.
Despite an army-brokered truce, tensions still simmer in Kufra, where
clashes between the Toubou and the Zawiya and other groups claimed more
141

than 100 lives during a fortnight of violence in February. The triangle


bordering Chad, Egypt and Sudan is a key transit route for the trafficking of
goods of all kinds, both legal and contraband alcohol, cigarettes,
counterfeit goods, drugs, weapons and especially illegal immigrants hoping
to reach Europe.
On 29th March, a European rights watchdog rapped NATO for failing
to help a migrant boat during the Libyan war as aid groups vowed to sue the
French military over an incident that left 63 people dead. Several Western
warships were in the Mediterranean at the time enforcing a NATO-led arms
embargo, but no one including fishing vessels in the area responded to
distress calls, the report said.
It said a Spanish frigate, the Mendez Nunez, was 11 miles away from
the drifting boat but Spain disputes this distance. A helicopter dropped
biscuits and water to the migrants at one point but never returned, and a
large military ship came into close contact with the boat, but ignored
obvious distress signals, the council report said.
NATO spokeswoman said the alliance received a general notice from
Italian authorities of a small boat probably in difficulty on March 27 last
year and that the message was passed on to all of its ships. There is no
record of any NATO ship or aircraft having seen or making contact with the
boat, she said.
On 3rd April, clashes in western Libya left at least 14 people killed and
80 wounded in 24 hours. Four people were killed and 35 wounded in
Zuwarah, 100 kilometres. Ten people were killed and 45 were hurt in the
(nearby towns) of Regdalin and Jamil. Residents of Jamil and Regdalin are
accused by former rebels of standing by the regime of Kadhafi during the
2011 conflict.
Mali: On 3rd April, it was reported that Islamists have tightened their
grip on northern Mali, ordering women to wear veils in fabled Timbuktu, as
the nation's junta began to feel the bite of sanctions following its coup. The
Islamists who seized control of the fabled trading hub over the weekend
alongside Tuareg rebels have since chased out their allies and declared to
residents and religious leaders that they were imposing sharia law.
Residents reported women in the normally secular city that held a
major rock music festival in January were wearing veils and none were
wearing trousers. Since a band of low-ranking soldiers ousted Mali's
government on March 22, various rebel groups have worked together to

142

seize the vast north, an area roughly the size of France, but the factions have
very different aims.
Frozen out by the international community, the junta was slapped with
crippling sanctions from its neighbours demanding a return to constitutional
rule. As the military junta struggled with the intensifying crisis, armed
Islamists in the north handed out food and supplies that they seized from
humanitarian organizations to residents of Timbuktu.
The fighting in northern Mali began in mid-January by the Azawad
National Liberation Movement (MNLA), which wants independence for its
homeland in the northern triangle of the bow-tie shaped nation. The Islamist
Ansar Dine, led by its notorious commander Iyad Ag Ghaly, wants to
implement sharia law in the mostly Muslim but secular state. A powerful
player in northern Mali, Ag Ghaly and his fighters have placed their black
jihadist flag around Timbuktu, which in the 16th century was a trading and
intellectual capital.
Last night Iyad Ag Ghaly met the town's Imams (religious leaders).
He explained he has not come for independence but to apply Islamic law,
said the civil servant Thiam. The UN cultural agency UNESCO called on the
Malian authorities and on the warring factions to respect the desert country's
heritage and the outstanding architectural wonders in Timbuktu, including
ancient manuscripts and earthen buildings such as a nearly 700-year old
mosque.
Paris said the Tuareg rebels were approaching the central town of
Mopti where hundreds fled in panic as they saw soldiers fleeing their posts
amid the rebel advance. More than 200,000 people have been forced from
their homes by the fighting and aid groups have warned that the combination
of civil war and drought could lead to one of the continent's worst
humanitarian emergencies.
On 4th April, the UNSC called for an end to hostilities in northern Mali
and a return to constitutional rule two weeks after a coup. Statement adopted
by the 15-member council also expressed alarm at the presence of al-Qaeda
in the Islamic Maghreb in the strife-torn African nation. France had called an
emergency meeting of the 15-nation council to consider the statement.
Meanwhile, Malis junta on Wednesday accused rebels controlling the
northern city of Gao of grave human rights abuses, in particular the kidnap
and rape of women and girls.
The 27-nation bloc also calls for mediation by neighbouring countries,
including the African Union and the Economic Community of West African
143

States (ECOWAS). Timbuktu was seized by the Tuareg and Islamist


movements on Sunday, but witnesses say the Islamists took control of the
historic city on Monday with the backing of al-Qaedas regional wing.
Next day, alarmed by the rapid collapse of the West African nation
which has split into a rebel-controlled north and junta-controlled south in
two weeks since a coup, the world grappled for a response and a place to lay
the blame. In the capital Bamako, regional mediator Burkina Faso's Foreign
Minister said an announcement in the right direction could be expected
soon from coup leader Captain Amadou Sanogo. But while the envoy was
optimistic biting sanctions could be lifted very soon, West African military
chiefs discussed the possible deployment of a 2,000-strong force after a
chunk of Mali the size of France fell into the hands of Tuareg separatists.
Paris had been warned of the fallout, but is hoping Mali's neighbours
will find a solution to restore democracy and end the Islamist juggernaut
which puts the whole of the fragile Sahel at risk. There won't be a military
solution for the Tuaregs. It's a political solution that we need, Foreign
Minister Alain Juppe warned. As the Tuareg trumpeted the success of a
decades-old struggle to liberate their homeland, their fundamentalist
comrades-turned-rivals began imposing sharia in northern Mali.
The National Movement for the Liberation of Azawad (MNLA) said
as a result of their successful conquest of an area they call the Azawad, they
are halting all military operations from midnight Thursday. But the desert
nomads are not alone in the north and many say it is Iyad Ag Ghaly's Ansar
Dine which has begun imposing sharia law who are the new masters of
the desert. But on their website, the group said it was holding its position in
the face of all these mafia networks and distances itself from Ansar Dine and
others who rise up on the path to the liberation of Azawad.
Three of AQIM's top leaders, all of them Algerians, were spotted in
the fabled city of Timbuktu in talks with Ag Ghaly earlier this week. Ansar
Dine, Defenders of Faith in Arabic, has ordered women to wear
headscarves and threatened to cut off the hands of thieves in the ancient city,
once the jewel in Mali's burgeoning tourism industry. Islamists had seized
the Algerian embassy and arrested diplomats. Algeria confirmed its
consulate had come under attack. The UN Security Council had called for an
immediate ceasefire but proposed no firm action as the two-week old junta
floundered.
Egypt: On 17th March, a Bedouin siege of an international
peacekeepers camp in Egypts Sinai underscored the ruling militarys weak
144

grip over the restive frontier territory more than a year after an uprising
shook the country. Eight days into the siege in the north of the peninsula, the
ruling generals cajoled the machinegun-toting tribesmen into ending the
stand-off with a promise to look into their grievances. The Bedouin said they
would give the military a month to meet their demand for the release of
jailed tribesmen, some convicted on terror charges. None of the
peacekeepers, tasked with monitoring a treaty with Israel, was harmed.
Next day, Egyptian Bedouin in the Sinai kidnapped two Brazilian
women tourists. A police official said one of the kidnappers was the father of
a man sentenced to prison on drugs and weapons charges, and that he
wanted his sons release. On 24th March, Fresh clashes erupted in the
northern city of Port Said on Saturday, after a boy was shot dead in
overnight fighting between Egyptian security forces and football fans
protesting against a ban on their club over a stadium riot that killed dozens
last month. Three club officials are among 75 people facing trial over the
stadium riot.
On 27th March, liberal and leftist parties have pulled out of a panel
drafting Egypts new constitution accusing Islamists of monopolizing the
process that will deliver the countrys post-revolution charter. The
withdrawals from the panel have pushed the struggle between Islamists and
secularists over the issue to crisis point.
Dozens of protesters stood outside the Cairo court, chanting against
Islamist domination of the panel. The constitution is for all Egyptians, they
shouted. Protesters, including liberal and leftist activists and lawyers, are
calling for the constituent assembly to be made up entirely of nonparliamentarians. Islamists have taken political centre stage in Egypt since a
popular uprising toppled veteran president Hosni Mubarak.
On 1st April, Hillary Clinton said that Washington will monitor actions
by Egyptian politicians and hold them accountable; after the Muslim
Brotherhood entered Egypt's presidential fray. The Muslim Brotherhood's
political arm, the Freedom and Justice Party, said it would nominate Khairat
al-Shater, a professor of engineering and business tycoon, to contest Egypt's
first presidential election since a popular uprising ousted Hosni Mubarak last
year.
The Islamists, who control parliament, had repeatedly said they would
not put forward a member for the election in order to mitigate fears that they
were trying to monopolize power. The Brotherhood's leadership insists that
Shater's nomination is not an about turn, but a necessary measure in the face
145

of latest developments. The Freedom and Justice Party has been pressuring
the military to sack the cabinet which it accuses of stalling the revolution
and to appoint a FJP-led government. But the Supreme Council of the
Armed Forces, which took power when Mubarak was ousted, has stood by
the cabinet and has lashed out at the Islamists over their demand.
Clinton, who did not mention the Brotherhood by name, said: There
has to be a process starting in an election that lays down certain principles
that will be followed by whoever wins the election. That is what we hope for
the Egyptian people. She added that she really hoped the Egyptian people
got what they staged their uprising for, which is the kind of open, inclusive,
pluralistic democracy that really respects the rights and dignity of every
single Egyptian.
Sudan: On 1st April, South Sudan accused Sudan of launching fresh
attacks along their disputed border, stalling peace talks in Addis Ababa. The
talks were stalled after the North accused the South of invading its territory.
Delegations from both countries are in the Ethiopian capital to discuss
security issues. By the end of the first day, security talks between the lead
negotiators had not yet started.
Somalia: On 22nd March, Ethiopian soldiers and pro-government
Somali forces seized the town of Hudur in southwest Somalia, inflicting a
new loss on al-Qaeda allied Shebab insurgents. Several people accused of
being Shebab supporters were arrested. Witnesses said that Shebab fighters
abandoned the town after heavy battles as the Ethiopian column advanced.
On 26th March, Somali pirates seized an Iranian-owned cargo ship and
its 23-strong crew in the first hijacking within Maldivian territory. The
vessel identified as MV Eglantine, had been seized off the north-western
Hoarafush Island in the Indian Ocean atoll nation of the Maldives.
Maldivian authorities were coordinating their efforts with the naval
authorities of neighbouring India.
On 28th March, British man said he had only been looking for
somewhere peaceful, sunny. Cleve Everton Dennis was arrested yesterday
after touching down at the airport in Somalias capital. Security forces are on
the lookout for foreign fighters with the hard line Islamists who are battling
regional armies. Britons form one of the largest foreign contingents in
Shebab ranks.
On 4th April, a female suicide bomber blew herself up during an
address by Somalias prime minister in Mogadishu, killing four people,
including the countrys Olympic and football bosses. After the blast, chaos
146

filled the venue as the dead and the wounded could be seen slumped on their
chairs and lying on the floor while police escorted some of the injured to
awaiting ambulances. At least seven journalists were also wounded.

Europe
On 17th March, a man suspected of setting fire to a Brussels mosque,
killing an imam, has been charged with a terrorism offence, Belgiums news
agency reported quoting prosecutors. The man had originally been charged
with causing death by arson.
On 21st March, a bomb blast outside Indonesias embassy in Paris
caused serious damage to surrounding buildings but no injuries, police said,
as investigators sought a motive for the attack. Meanwhile, French Muslims
said they feared a backlash and increased inter-religious tensions as police
besieged a suspected militant who killed seven people including three
Jewish children.
Police were trying to negotiate the surrender of Mohamed Merah, a
23-year-old Frenchman of Algerian descent suspected of killing three
soldiers last week and three children and a teacher at a Jewish school on
Monday. French Muslims denounced his attacks and said they hoped his acts
would not spur anti-Islamic feelings in France.
Outside a mosque in the Paris suburb, 31-year-old Mema Camara said
she hoped most in France would not link the killer with all Muslims. The
imam of the mosque in Bondy, Mohammed Meniri, said he was particularly
shocked by the details that have emerged of how the killer chased down and
shot one his victims, seven-year-old Miriam, at the Jewish school.
Next day, Police used overwhelming firepower to end the 32-hour
siege of a killer whose murders of schoolchildren and soldiers traumatized
France and briefly halted a presidential campaign. The self-proclaimed alQaeda militant died in an intense firefight as he tried to shoot his way out of
his surrounded apartment as officers from special police forces moved in.
On 26th March, a Norwegian court sentenced Mullah Krekar, the
founder of a radical Iraqi Kurdish Islamist group, to five years in jail for
issuing death threats against a former government minister and others. The
55-year-old mullah, whose real name is Najmeddine Faraj Ahmad and who
has lived in Norway since 1991, founded the Ansar al-Islam group. He was
found guilty of threatening the life of Erna Solberg, an ex-minister who
signed his expulsion order in 2003 because he was considered a threat to
national security.
147

On 29th March, France said it had banned four Muslim preachers from
entering France to attend an Islamic conference, saying their calls for hatred
and violence were a threat to public order. President Nicolas Sarkozy had
wanted to ban the high-profile Islamic clerics from attending the conference
next month in the wake of a series of killings by al-Qaeda inspired gunman
Mohamed Merah. Saudi clerics Ayed Bin Abdallah al-Qarni and Abdallah
Basfar, Egyptian cleric Safwat al-Hijazi and a former mufti of Jerusalem
Akrama Sabri are banned from entering France, a statement said.
Next day, French police arrested 19 people in a crackdown on
suspected Islamist networks as President Sarkozy made the battle against
extremism the keynote of his re-election campaign. Arrests took place in
several cities, including Toulouse, Sarkozy said the arrests targeted radical
Islam and that the trauma in France after the shootings in Toulouse and
nearby Montauban was like that felt in the United States after the 9/11
attacks.
On 1st April, 17 people detained by French police in a crackdown on
suspected Islamist networks were remanded in custody for at least another
24 hours. Some of those arrested belonged to a suspected extremist group
called Forsane Alizza and had been involved in paintball gun games.
Next day, France expelled two Islamic clerics and is planning to
deport three more as part of a crackdown announced after a gunman killed
seven people. An Algerian radical and a Malian imam were sent back to their
home countries on Monday, while a Saudi imam, a Turkish imam and a
Tunisian radical were also subject to expulsion orders, the interior ministry
said in a statement.

America
On 26th March, state police said that a Muslim woman of Iraqi origin,
who was beaten to death over the weekend in El Cajon, California, may have
been the victim of a hate crime. The killer of 32-year-old Shaima Alawadi, a
mother of five, left a note reportedly reading: Go back to your own country.
Youre a terrorist. The investigators have so far made no arrests and have
not said whether they have any leads to the assailant.
Next day, world leaders including US President called for strong steps
to combat nuclear terrorism, wrapping up a 53-nation summit. Today we
have set a new milestone in making the world a safer and more peaceful
place, South Korean President claimed. They called for safeguarding world
stockpiles of HEU and plutonium, and tightening security of radioactive

148

material that could be used to create a dirty bomb. Obama earlier had
focused on the nuclear threat from non-state actors.
On 4th April, the US administration unveiled charges against the selfproclaimed mastermind of the 9/11 attacks, Khalid Sheikh Mohammed,
along with four alleged plotters, vowing to seek the death penalty in a muchawaited military trial. Accused are due to appear in court for arraignment
proceedings within 30 days. The trial, which could be months away, will be
held at the US naval base in Guantanamo Bay.

VIEWS
Iraq
The general features of the Iraqi political map have not changed since
the transitional government of former Prime Minister Ebrahim Al-Ja'afari in
2005; the same situation recurred during the first, second, and third elections
conducted in Iraq after the fall of the Baath regime. A number of these blocs
also succeeded in leading ethnic and sectarian groups because of the absence
of a national programme.
It is not far-fetched to assume that the Arab Spring's first building
block was laid in Iraq. America's invasion of Iraq was the first marketing of
its freedom, democracy and human rights slogans, intended to rebuild the
Middle East on new foundations, in line with US policy. The US has paid a
high price for this. Hence, it is unlikely to give up its pre-eminent status in
Iraq. The US-Iraqi relations will not be an obstacle in the path of Iraq's
development.
Leaders of most of Iraq's political blocs have strong ties with
governments of neighbouring countries. And it is in these countries that Iraqi
leaders find financial or political backing. And when necessary, these
countries also provide shelter for these politicians. This gives these countries
an opportunity to interfere in Iraq's internal affairs. Their role is not a
positive one!
It is sad to see these setbacks limiting Iraq's ability to develop. And it
is even sadder to see that Iraqis are unable to produce a new leader, who can
rise up to the expectations of the country, despite the total failure of the
present leaders of the political blocs. (Dr Mohammad Akef Jamal,
TheNation 18th March)

Syria
149

The year-long effort to overthrow President Bashar al-Assad and his


government has failed. Two or three months ago, it seemed to come close to
succeeding, as insurgents took over enclaves in cities such as Homs and Deir
el-Zour. There was talk of no-fly zones and foreign military intervention.
Severe economic sanctions were slapped on Syrias already faltering
economy. Every day brought news of fresh pressure on Assad and the
momentum seemed to build inexorably for a change of rule in Damascus.
It has not happened. Syria will not be like Libya The insurgent Free
Syrian Army has been driven out of strongholds in the central city of Homs,
Idlib province in the north and, most recently, Deir el-Zour, in the east. Last
Tuesday, Syrian soldiers supported by tanks rolled from four sides into Deir
el-Zour, which is about 60 miles from the Iraqi border, forcing the rebels to
flee and take shelter in homes and apartments after a short gun battle. Their
retreat may make it more difficult to bring guns across the Iraq border from
the overwhelmingly Sunni Anbar province. The swift Syrian army advance
was in contrast with the month-long siege of the Baba Amr district of Homs
which killed hundreds of people and left much of the area in ruins. Saudi
Arabia and Qatar have blithely advised arming the insurgents, but there is
little sign of them doing so.
What went wrong for the advocates of regime change? In general,
they overplayed their hand and believed too much of their own
propaganda The experience of the US, EU, NATO and the Arab Gulf
states in overthrowing Muammar Gaddafi turned out to be misleading when
it came to Syria. This has been the experience of revolutionaries and
counter-revolutionaries throughout the ages. What succeeds in one country
proves a recipe for disaster in another.
There was also a misreading of what had happened in Libya.
Watching al-Jazeera television, it might appear that heroic rebel militiamen
and at times they were heroic had overthrown a tyrant but, in reality,
military victory was almost wholly due to the NATO air assault. The
militiamen were a mopping-up force who occupied territory after air strikes
had cleared the way (this was also the pattern in Afghanistan in 2001 and in
Iraqi Kurdistan in 2003). Conditions are very different in Syria.
The regime has a radicalized core based on the Alawite community, a
powerful army and security forces. There have been few high-level
defections or military units changing sides. Regime loyalists feel they have
no alternative but to fight to the end, and are quite prepared to kill anybody
who gets in their way. Economic sanctions do not worry Assad loyalists
150

because a dictatorship can always commandeer resources even when they


are reduced in quantity. Assad has already lost the support of most of the
Syrian business community. Militarization of the conflict does not pose a
threat to the government at this stage; it is more of an irritant, though this
could change if guerrilla warfare develops.
In the second half of last year Assad appeared to be facing an allpowerful international coalition. It included Saudi Arabia and Qatar, the US,
EU and Turkey. It emerged, however, that everybody was in favour of
somebody doing something to bring him down Turkey cooled on the idea
as it became apparent that it was becoming embroiled in a regional ShiaSunni conflict that would lead to Iran retaliating against Turkey in defence
of its Syrian ally.
The Syrian protesters did everything they could to give the impression
that what happened in Libya could be repeated in Syria Protesters now
seldom wave olive branches and chant Peaceful, Peaceful. Militarization of
the protest movement and the increased sectarianism played to the strengths
of the regime. Sectarianism not only weakens the opposition inside Syria, it
helps divide the coalition facing it abroad. In a presidential election year, US
voters do not care much who rules Syria, but they care a lot about al-Qaeda.
One of Barack Obamas themes in the presidential campaign will be that it
was his administration that killed Osama bin Laden and focused, unlike
President Bush, on eliminating the perpetrators of 9/11. The White House
does not want al-Qaeda to show signs of life, so it has been nervous of its
increasing role in Syria The Syrian regime will not fall without a radical
change in the balance of forces. The appointment of the former UN
secretary-general Kofi Annan as a UN-Arab League peace envoy is a facesaver to mask the failure so far of the regimes opponents. This is bad news
for the Syrian people, who face a prolonged and vicious civil war like
Lebanon in the 1970s and 1980s. (Patrick Cockburn for Independent,
TheNation 26th March)
Recent history has shown that armed struggles are far less likely to
be successful than nonviolent struggles, even against dictatorships, since it
makes defections by security forces and government officials less likely,
reduces the number of active participants in the movement, alienates
potential supporters, and gives the regime the excuse to crack down even
harder by portraying the opposition as terrorists. Indeed, empirical studies
note that primarily nonviolent movements against dictatorships are more
than twice as likely to succeed as armed struggles. It just doesnt make

151

sense for the United States or other foreign powers to throw their support to
the deadlier and less effective wing of the anti-regime resistance.
The best hope for Syria is that continued protests, strikes, and other
forms of nonviolent resistance, combined with targeted international
sanctions [on officials], will cause enough disruption that powerful
economic interests and other key sectors currently allied with the Alawiteled government would force the government to negotiate with the opposition
for a transfer of power to a democratic majority. Indeed, this is the scenario
that eventually forced an end to another notorious minority regime, that of
South Africa.
Talk of military intervention can only benefit the regime and weaken
the force that is far more likely to end the tragic violence and bring forth a
new democratic Syria: that of civil society and the power of nonviolent
action. (Stephen Zunes, TheNation 1st April)
So as the revolution lurches into its thirteenth month, what can we
expect? It is hard to say, but the Gulf monarchies, the Americans and
Europeans will likely help organise the SNC, make use of the SNC and
deflect responsibility to the SNC. The simultaneous trust and distrust is
noted in an inherent tension of the communiqu issued following the Friends
of Syria meeting. There is a continued reluctance to represent the SNC as the
legitimate representative of Syrians despite the Gulfs decision to provide
wages to defecting soldiers via the SNC and negotiate a political and
economic framework of transition.
The particular decision to pay rebel soldiers is curious and risky. The
payment of salaries can be read as a compromise that will enhance the
ability of the rebel soldiers to secure needed heavy weaponry and help
organize their movement by attracting participation through a living wage.
But that the salaries will largely be funded by Gulf money raises important
questions about the level of involvement and responsibilities borne by these
monarchies as things develop in Syria, and the future debts owed to these
financiers. This decision not only risks escalating the war and exposing
Syrians to more regular and unpredictable violence, but is also indicative of
how Syrias revolution has become a space of cooption and competing
geopolitical interests. (Tamim Assad, The News 5th April)
There are few international negotiators more patient and resourceful
than Kofi Annan. A past chief of the UN, to him has fallen the Sisyphean
task of stemming the gouts of blood that come from Syria every day. In the
latest developments the UN is hoping that there will be a cease-fire between
152

Syrian troops and the opposition forces by no later than April 12 but on
Thursday there was a fierce battle between government troops and rebels in
the suburbs of Damascus. After this notional ceasefire both sides are
supposed to withdraw and begin talking their way towards a political
solution. Given the string of broken promises and solemn undertakings of
last year, the Annan plan has to be viewed as speculative at best and possibly
not worth the paper it is printed on. Reports late on Thursday suggest that
the Syrian army is making a determined and ruthless attempt to gain as
much ground before the ceasefire deadline, and to inflict as much damage as
it can by those opposing it.
Beyond Syria the major powers jockey for position. China has in the
last week modified its position and Russia too has become increasingly
exasperated with the Assad regime. The sticking point for the Russians was
that any UN resolution on Syria would have to exclude regime change as an
option. That has now been achieved and Russia can no longer play that card,
but remains committed to opposing external intervention. Russia is now
urging President Assad to implement the changes that it has so often said it
was going to implement and to comply with the Annan plan. Some Arab
states meanwhile have stirred the pot by offering to fund the rebels to the
tune of several millions of dollars on top of the materiel they are already
suspected of supplying to them. Up to 40,000 Syrian refugees are now in
Turkey and the possibility of a multinational UN peacekeeping force coming
together in the next week looks remote and would anyway require a
mandate via a fresh UN resolution. If Kofi Annan can achieve the seemingly
impossible and the guns fall silent, then Syria can turn the page but his
chances are slim and with Arab money going into rebel pockets they may be
no more inclined to peace than their opponents. (Editorial, The News 6 th
April)

Libya
Benghazi is back in the headlines. On March 6, the capital of Libyas
2011 uprising hosted a reported 3,000 tribal figures and leaders from the
eastern half of the country. Seeking to marry eastern Libyas status as the
historical seat of the countrys pre-Gaddafi federal monarchy with local
post-revolutionary anxiety, the conference provocatively announced the
creation of the federal region of Barqa.

153

The reaction both within and outside of Libya has been swift. The
ruling National Transitional Council (NTC) sharply criticized the
declaration. Protests extolling national unity were held across the country
and Libyas leading mufti issued a fatwa against federalism. Meanwhile,
Egypt, Tunisia, and the Organization of the Islamic Conference issued
statements expressing support for a unified Libya and rejecting federalism.
An editorial in the London-based pan-Arab daily al-Quds al-Arabi even
opined that Gaddafi and his family must feel vindicated in their predictions
that the country would fragment without them.
The reality is more nuanced than the excited commentary would
suggest. The gulf between the federalism called for by some easterners and
the administrative decentralization broadly favoured across Libya is most
likely relatively narrow. And even in eastern Libya, support for the federal
model advocated for by the self-appointed Interim Council of Barqa appears
mixed.
This is not to say there is not valid ground for concern about the
direction of events. As recently as late last year the eastern federalism
movement could accurately be described as fringe. Several months later,
with the east feeling increasingly marginalized and short-changed in the
allocation of seats in elections for Libyas forthcoming constitutional
assembly, it represents a significant minority view.
Moreover, in Libya there is a general lack of familiarity with concepts
such as federalism and decentralization The first major counter point to
the narrative of an east-west fragmentation in Libya is that it is not clear that
federalism actually enjoys majority support in the east. It is somewhat out of
date now and Libyas post-revolutionary political attitudes certainly remain
in major flux, but a survey last October of public opinion in the east found
that only seven percent of respondents favoured a federal system.
Indeed, pre-emptive protests criticizing the Barqa conference were
held in Benghazi on March 5. The days after the conference saw anti-Barqa
declaration protests in all of the major cities in the east The Benghazibased Arabian Gulf Oil Company, which produces much of the countrys oil,
reacted by saying that it remains under the National Oil Company. Corporate
insiders were reported as indicating that the company will not follow the
Barqa Council.
The second overlooked point of nuance is that even among those in
the east who favour federalism; some were not pleased with the Barqa
declaration. Beyond discomfort with the self-appointed Barqa Council
154

speaking on behalf of the east on such an important issue, there is a feeling


that the rushed announcement threatens to internally divide a part of the
country that prides itself on its cohesiveness.
Eastern autonomy proponents also worry that the manner of the
controversial declaration has made federalism toxic and untouchable in the
rest of the country... Major cities in western Libya, such as Misrata, favor
strong municipal or provincial authorities with their own independent
budgets. In this view of administrative decentralization, there would only be
a single (national) parliament and judicial system, but a wide range of
authorities would be delegated to local government. Libyas Interim
Government has even proposed a draft bill on administrative
decentralization, albeit in a hurried fashion in the lead-up to the Barqa
conference.
Ironically, in the burgeoning federalism debate, the national
authorities and the Interim Barqa Council might be their own worst enemies.
Some easterners describe the NTCs opaque governing and decision-making
styles as the federalism movements greatest asset in making its case for
regional autonomy. .. How then might this stoppable object and resistible
force be reconciled? Libyan leaders might first seek to let the temperature
cool by recognizing that federalism and decentralization are legitimate issues
for discussion.
But the authorities could also point out that these issues are best
negotiated in the writing of the new Libyan constitution scheduled to take
place after elections in June For its part, the Interim Government could
publicly detail its mooted law for administrative decentralization.
Meanwhile, federalism proponents might develop a federal proposal that
does not stir fears of partition by reproducing the 1951 three-region system,
for example, a Libyan federation with a greater number of states (to reflect
the countrys current population map) which gives an unambiguous leading
role to the national government on oil revenue sharing, water, and military
issues. It could also be advantageous for them to call it something other than
federalism.
In the end, differences among Libyans on the structure of their new
state are not as far apart as they might have appeared over the last few
weeks. A rupture between eastern Libya and the rest of the country on this
issue remains eminently avoidable. But making progress on this delicate
subject does require a more concrete and constructive exchange than has
occurred so far. (Sean Kane, The Nation 22nd March)
155

Can the Islamist deliver?


Syrias Muslim Brotherhood has unveiled a national covenant with
the Syrian people from its exile in Turkey. On Sunday the movement
pledged to respect democracy and share power in a civil state once Assads
regime is toppled. We want a democratic Syria and we do not want to
control the country alone, it said in a statement. It added that the group was
committed to a civil and democratic republican state with a parliamentary
system, in which all the people are treated equal regardless of faith or
ethnicity. But the Muslim Brotherhood is not alone in the political arena.
The recent rise of the Salafis, whose ideological and political agendas differ
markedly from those of the Muslim Brotherhood, is a cause for concern. In
Egypt and Tunisia the Salafis have made it clear that their aim is to establish
a Sharia governed Islamic state.
The truth of the matter is that the Islamists have not been tested
before. And in spite of repeated assurances, there are no guarantees that once
in government they will not try to impose their own views and beliefs or
interrupt the democratic transfer of power.
For the time being popular sentiments favor the Islamists after
decades of persecution by authoritarian governments. The Islamists are
already in control in Tunisia and Egypt and other countries will soon follow.
It is the biggest test yet for political Islam and the future of a region that is
still grappling with the issues of democracy, human rights, pluralism,
secularism and civil state. (Osama Al Sharif, TheNation 29th March)

REVIEW
What the West failed to achieve in the context of Syria, of course
through the existing organs and office bearers of the UN, was assigned to the
tested man; Kofi Annan. He embarked upon facilitating the achievement of
the regime change in Damascus and appeared to have completed most of his
assignment. His main task was to soften up Russian and Chinese opposition
which had resulted in use of veto power in the recent past.
Annan started his mission spending most of his time in Syria not only
assessing the situation and throwing peace spanners but also allowing his
employers to consolidate Arab support while ensuring that rebels were
supplied enough arms and ammunition to give impetus to the bloodshed.
Syria is close to being completely isolated, courtesy primarily its Arab

156

brothers. The Syrian disturbances have also borne a bonus point for the
Crusaders in terms of sowing seeds of bitterness between Turkey and Iran.
The act of an Islamist Army captain in Mali has provided yet another
opportunity to the Crusaders to hunt for Islamic fascists right up to
Timbuktu; the real Timbuktu, not the proverbial. By virtue of unwritten
convention of the former colonial powers, Mali falls within the jurisdiction
of France. Paris, because of the election year, is not hurrying towards the
favourite option of opening yet another theatre for the Crusades. Presently, it
is trying to get the job done through UN sanctions and of course by rallying
the Black brothers-in-faith around Mali.
Elsewhere, things are moving as per plans of the Crusaders. In Iraq,
the machines installed in the country and placed on auto-slaughter mode
are working fine. The departure of Saleh from Sanaa has brought no let in
the bloodshed. Blood is also spilled continuously in Sudan and Somalia. The
only worry has been the return of Muslim Brotherhood in Egypt and Hillary
has already fired warning shots.
6th April, 2012

WAR WITHIN-III
There was a congregation of jiyalas turned majawars at Garhi Khuda
Bakhsh on 4th April. This is a ritual performed regularly every year. This
time it was performed with a difference; a newly baptized majawar by the
name of Bilawal Bhutto Zardari stole the show.
Right under the watchful eyes of the Scoundrel, he matched his father
in ridiculing the judiciary word for word and then excelled by asking the
157

Supreme Court to apologize for sentencing his grandfather on charges of


murder. He also explicitly ordered the Multani Majawar not to obey the
orders of the Supreme Court irrespective of the consequences.
The Chief Justice of Pakistan headed a bench that assembled in Quetta
and heard the case of law and order situation in Balochistan. The bench was
able to recover a few persons as the further hearing will be held in
Islamabad. Protests against gas and oil price hike were held across country,
but the British Deputy High Commission rushed to Karachi to express his
concern over disturbances in the only port city of Pakistan.

NEWS
Power politics: On 4th April, President Zardari addressed a meeting of
PPP Punjab parliamentarians at the Governors House Lahore and said, PPP
respected the mandate of other parties and would go to next elections on the
basis of its performance. The party believed in tolerance and will continue
with its policy of reconciliation as it did not have faith in victimization.
The President said the government was aware of people problems,
but domestic and international situation compelled it to take some tough
decisions. He said PPP had always worked in difficult circumstances and
would continue to accomplish Bhuttos mission. He assured the members
that the federal government would resolve the issue.
Next day, Zardari vowed that the next government in Punjab would be
formed by the PPP. He took a jibe at Sharifs, saying that he had given the
Sharif brothers their shine and power, and that he could take it back
anytime he wanted. Addressing members of the PPP Punjab Executive
Council at the Governors House, he said Sharifs owed him a lot in politics
because it was because of him that they were enjoying power in Punjab.
Zardari further said Lahore belonged to the PPP, whereas Sharif
brothers were living here as mohajirs (migrants). They could not even
gather enough people to attend their fathers funeral and had to take the
dead body to the Data Darbar to find more people to perform the religious
rites, he remarked. Zardari said the PPP would form het next government in
Punjab by making political alliances with allies and on the basis of its
performance.
The president also announced to give relief to people in the upcoming
budget. In an apparent move to counter Punjab governments yellow cab
scheme, the PPP co-chairman announced to give 1,000 rickshaws to the PPP
158

workers. He also claimed that he had the plan to end load shedding within
three months and the government was already working on it. The president
said he was ready to take tough decisions in national interest even at the cost
of possible decline in partys popularity graph. This motherland is dearer to
me than my party, Zardari said.
He was confident that performance of his party would ensure its
victory in the coming elections. Zardari urged party office holders to
establish direct contact with people and resolve their issues. Meanwhile,
showing concern over the defeat of Aslam Gill in Senate elections, President
Zardari reportedly grilled Leader of the Opposition in Punjab Assembly Raja
Riaz for his failure to keep the party intact in the assembly.
On 6th April, Zardari once again came down hard on Sharif brothers
when he told PPPs old guards that he knew fully well how to deal with stiffnecked Sharifs. He said he had previously given concessions to Sharif
brothers so that he could oust former president Gen Musharraf, which was
my first target. He also said that he was aware of the true political worth of
PML-N leaders and that he knew how to deal with it. The president said he
had provided an opportunity to PML- N to form government in Punjab, but
they took it as [PPPs] weakness, and instead of being thankful to the PPP,
they showed arrogance.
The president also gave away Rs10,000 cash to every old PPP activist
attending the meeting. He also announced giving 1,000 rickshaws to party
workers. The PPP Co-Chairman said PPP derived its strength from the
common man on the street and would continue serving its real constituency,
the poor. He said the party would continue its forward march towards
strengthening of democracy by following reconciliation policy.
In a reaction to the assault made by Zardari, Nawaz Sharif said
thousands of people had attended the funeral prayers of his father in
Makkah. Nawaz said he paid a visit to the ailing Hakim Ali Zardari, the
father of the president, in London and he still prayed for the departed soul.
He recalled that he was not allowed to participate in the burial of his father.
Nawaz said Pakistan was facing multiple crises and only those with a clear
history could get the country out of the turmoil.
Next day, Shahbaz advised the president not to make threatening
statements. Shahbaz reminded Zardari that when the people of Punjab were
experiencing the challenge of devastating floods, he chose to fly to Paris for
enjoyment. You say that you will snatch the shine, but just go to the public
and they will show you your real face, Shahbaz remarked and announced
159

that he would never welcome Zardari and rather opt to resign. The chief
minister noted that corruption had paralyzed the country, as he cited the
examples of various scams including the RPPs, Steel Mills, NICL and Haj.
He said, adding Zardari cannot see a developed Punjab.
It is not a mere coincidence that President Asif Ali Zardari and his
former blue-eyed boy Babar Awan would be in Ajmer at the same time today
(Sunday). After having been deprived of the party office and official
positions, the former law minister would beg forgiveness from his boss and
also request for restoration of his previous status in the party. Will he be
pardoned is anybodys guess.
On 8th April, addressing a large public gathering in Abbottabad,
Imran Khan said that people of the country have never faced such
difficulties as they are facing today and on the other hand the rulers
are enjoying themselves. He said that the current leadership is
incapable of liberating Pakistan as it emerged as a result of NRO
given by foreign powers.
Criticizing the leaderships of PML-N and PPP he emphasized
that these were family run parties and competent and capable
leadership cannot emerge due to their dynastic hierarchies. Speaking
on the issue of new administrative units, he cited examples of Turkey
and Japan and said that both these countries are considerably less
populated than Pakistan but have exponentially more administrative
units. He said that PTI supported creation of new provinces including
the Hazara.
Sunni Ittehad Council Chairman Sahibzada Fazal Karim said
that the Difa-e-Pakistan Council was in fact a council for the
destruction of Pakistan but the people of the country would not let its
agenda be materialized. He added that DPC was a council of people
who had opposed the Pakistan Resolution.
Rule of law: On 3rd April, the LHC admitted an appeal petition
seeking cancellation of acquittal of Shahbaz Sharif in Sabzazaar shootout
case. Kurshid Khanum, mother of the two brothers killed in a fake police
encounter, had filed the appeal through her counsel. She submitted that she
had never pardoned Shahbaz Sharif but the Anti-terrorism court acquitted
him of the charges.
Defiance of judiciary: On 2nd April, proceedings to frame charges
against Babar Awan were adjourned for another week. The court was
informed by Deputy AG that the AGP was not available as he was in Quetta
160

where Chief Justice was hearing the matter of law and situation. Justice
Jamali said the absence of attorney general did not matter as the charges
could be framed. However, the counsel for Babar Awan, while referring to
the Rule 7 of the Supreme Court Rules argued the presence of the attorney
general was must at the time of framing charges. The bench on that
adjourned the hearing till April 10.
Next day, at the PPP CECs meeting held with Zardari in the chair at
Naudero, there was a unanimous feeling of dismay at a great leader like
Zulfikar Ali Bhutto not having received justice even after 33 years of his
death, despite the fact that President Zardari had sent his case to the
Supreme Court a year ago. The CEC also through a joint resolution
demanded arresting the killers of Shaheed Benazir Bhutto, while promising
to further the reconciliation policy under the vision of Shaheed Bhutto.
Speaking on the occasion, Bilawal said that the Supreme Court should
apologize for the judicial murder of Zulfikar Ali Bhutto. The Supreme
Court of Pakistan sentenced Shaheed Bhutto to death by hanging for a crime
he did not commit. This judicial murder was neither the first nor the last
flawed decision our courts have made.
The PPP chairman also called for hearing the Mukhtaran Mai case
again and said all the terrorists should be get punishment after a proper trial.
The rapists of our sister Mukhtaran Mai have been freed by the courts,
presumably for the same reasons. How can there be enough evidence to hang
SZAB but not enough evidence to keep terrorists and rapists in prison.
Without referring to the SC orders on writing a letter to the Swiss
authorities, Bilawal said the elected Prime Minister of Pakistan would not
violate the Constitution of Pakistan and the Vienna Convention. No one will
be allowed to have a trial of the corpses of the martyrs, he remarked.
President Zardari reiterated his tirade against the Supreme Court,
saying that the murder of Zulfikar Ali Bhutto is a blot on the performance
of the apex court. Now the history is saying that a great injustice was done
to Bhutto. No one knows the names of judges who passed verdict against
Bhutto but the former PM lives on. He added PM Gilani has been loyal to
the Constitution (by not writing to Swiss authorities) and not backing him
(President). Gilani talks of the Constitution. His only sin is that he wants to
liberate the Seraikis from the yolks of Lahore Throne.
On 5th April, it was reported that Sindh government was not
complying with the Supreme Courts directives to retract promotions of
police officials on political grounds. All the promoted inspectors were still
161

enjoying the privileges of DSP rank. On the other hand, 30 confirmed DSPs
are yet to be given charge.
Taming the military: DG ISPR strongly denied on 3rd April the
existence of any political cell in the ISI; saying it was closed down years
ago. He said the talk and propaganda of political cell in the ISI must come to
an end now. However, political leaders have repeatedly been leveling
allegations of interference by the intelligence agencies in political matters
and supporting some of them.
Next day, the Supreme Court reproached the SP CIA wing captain (r)
Malik Liaquat over a defective investigation in a murder case registered by
Barki Police in 2011 and expressed displeasure over the performance of
police. The bench remarked that the SP perhaps didnt forget the style of
army and working in police with the same intentions. Go back in the Army
if you cant perform your responsibilities according to the requirements of a
police job, the bench asked the SP. The bench ordered the SP to investigate
the case himself and submit the report in registrar office within two weeks.
Recessing economy: On 2nd April, feeling the heat of protests and
strong, the government decided to review its decision pertaining to increase
in prices of POL products and is likely to announce a nominal reduction in
sky-high prices. Petrol price is likely to be reduced by Rs 2 per litre while
the price of high speed diesel (HSD) oil is likely to be trimmed down by
Rs4/litre for the current month of April. However, politicians, coalition
partners, transporters, traders, CNG association and the common man were
irked by the decision and announced to protest against the jacked up prices.
Chaudhry Shujaat Hussain has presented a formula to end ongoing
electricity load shedding in the country, if the provinces spare Rs 50 billion,
they are due to receive under NFC Award, to the Federation for payment to
power plants. Shujaat said under the NFC Award, provinces were due to get
another Rs 50 billion during the remaining three months of the current
financial year. He proposed if the Federation deducts this amount for the
remaining three months and allocates the same to power plants then load
shedding in cities would end and its duration would reduce considerably in
rural areas.
NAB requested the interior ministry to place the names of some 14
persons, on Exit Control List in connection with Rental Power Plants scam.
It took NAB four days to request the interior ministry for placing the people
involved in the RPPs scam on ECL, since the handing down of the verdict
on March 30. The three former federal ministers who were requested to be
162

placed on the ECL included Raja Pervaiz Ashraf, Liaquat Jatoi and Shaukat
Tarin. During this period some five federal secretaries served the ministry of
water and power and all five were also placed on ECL. At the same time
some six senior officials of Pepco were also placed on ECL.
Next day, the government finally bowed down slightly to the
demands of overburdened masses by officially approving Rs 2.32 per litre
reduction in petrol price, while kerosene oil and high-speed diesel prices
have been also slashed somewhat. It is likely that this meagre cut in prices
will hardly satisfy anyone. The All Pakistan CNG Association (APCNGA)
had also earlier warned the government of a countrywide protest if it did not
withdraw the surge in the CNG prices.
Different political parties, transporters and trade unions called for a
protest against increase in prices of petroleum products, wherein traders
would stage a complete shutter down strike while transporters would hold a
wheel jam strike in Peshawar on April 6. They also agreed to set up a protest
camp at Chowk Yadgar on April 5 against the sudden increase in petroleum
products.
The LHC sought reply from the federal government and OGRA on an
application challenging the recent increase in petroleum prices. Chief Justice
Sheikh Azmat Saeed ordered the respondents to file the reply till April 24.
Muhammad and Ahmad, a public interest litigation firm contending that the
increase in petroleum prices without any justification was a clear violation
of fundamental rights as provided in the Constitution.
On 6th April, the ECC of the cabinet approved fortnightly revision of
the fuel prices and endorsed purchase of 7.7 million tonnes of wheat from
farmers at the rate of Rs1,050 per 40kg. The meeting also approved another
summary of the petroleum ministry to give exemption of taxes and duties on
gas input pipelines and LNG projects.
Provincial disharmony: On 3rd April, members of the Mohajir Sooba
Tehreek (MST) staged a demonstration for the acceptance of their demand
for a separate province (for the Mohajir community). A large number of
MST activists assembled in Liaquatabad area and contended that a separate
province was the only solution to the problems of the Mohajirs. They alleged
that the Sindhi-speaking chief minister did not have the capability to
redress the problems of the business hub of the country.
On 8th April, for the first time in its history, Ghanta Ghar or
Clock Tower, the centre of eight bazaars of the city, was draped in
black from top to toe to observe the black day as a protest against
163

discriminatory gas and electricity load shedding. The whole city was
flooded with black flags, black banners marking the black day.
Businessmen, traders, transporters, rickshaw, van owners and
drivers, carrying black flags on their vehicles and hands, took out
rallies and passed through eight bazaars and surrounding areas to
register their protest against unbearable high cost of living, frequent
and irregular electricity outages, gas shortage and discriminatory
treatment with Punjab.
Addressing the procession, Chairman Rana Arif Tauseef of the
Pakistan Textile Exporters Association said that unprecedented load
shedding had devastated the industrial and business sectors. He was
also critical of some clauses of 18th Amendment which what he called
has restricted across the board distribution of natural resources. This
discrepancy could have been removed in 20th Amendment but the
legislators showed little interest in this issue of prime importance, he
said.
Baloch militancy: On 3rd April, Justice Iftikhar said that Balochistan
is burning while the issue of missing persons and recovery of dead bodies is
generating hatred, which is not good, both for the country and the province.
The chief justice passed these remarks while hearing a case on the
deteriorating law and order situation in Balochistan.
The Balochistan chief secretary, IGP, home secretary and other
officials appeared before the court. It is ironic you know that 204 dead
bodies were found dumped in different parts of Balochistan but you have
failed to find out causes and people responsible for killings, he remarked
when Home Secretary Naseebullah Bazai presented details including
recovered bodies, targeted killings and sectarian violence. The government
told the court that no FIR was registered regarding the recovery of bodies.
The Balochistan advocate general submitted a report on the steps
taken to improve law and order situation and measures taken to protect
people in the province. However, the chief justice expressed dissatisfaction
as the report says the law and order situation is improving. Chief Justice and
Justice Tariq Pervez asked the home secretary to take bold steps for restoring
public order.
He asked the police chief: It is beyond my understanding that how
could you sleep in the given situation It is on the record that the home
minister told media the provincial ministers are involved in kidnappings,

164

then why action was not taken against such ministers or why they have not
been arrested yet, the chief justice questioned the IGP and home secretary.
The home secretary said the government managed to recover 47
missing persons from different areas of Balochistan while 17 were found
shot dead. He further said 41 families could not provide the basic
information about their missing relatives after which their cases were
withdrawn. But the home secretary could not reply when asked who picked
up the recovered 47 people.
The chief justice said he would give a thorough judgment on the law
and order situation but the government must name a responsible person to
ensure the implementation of the court verdict. The person must be on such
a position that has the power to implement our verdict, he said. The chief
justice said there was complete absence of governance in the province.
On 5th April, the Chief Justice of Pakistan ordered authorities to
register FIRs against the three Balochistan ministers accused of involvement
in kidnapping for ransom. A written statement by Balochistan Home
Minister Mir Zafarullah Zehri naming three ministers was presented before
the t bench hearing the case of deteriorated law and order situation in the
province with special reference to missing persons, recovery of dead
bodies and kidnapping for ransom incidents.
Chief Justice ordered police to get the names of the accused cabinet
members ascertained from Mr Zehri and collect evidence against them after
registering the cases. The court warned that if the seven people abducted
from Sariab Road Quetta were not produced tomorrow, all relevant police
officers including Balochistan IGP Rao Amin Hashim would be suspended.
The bench also ordered that an investigation should be conducted into
incidents of all dead bodies recovered from Balochistan and the challan be
submitted in the court within stipulated period. When asked by the chief
justice as to how many relatives of the victims have been compensated,
Home Secretary told the court that there was no policy of paying
compensation to heirs of those whose dead bodies are recovered. He
informed the court that 349 dead bodies had been recovered from different
parts of Balochistan so far.
The court directed Balochistan Chief Secretary to contact the families
of the victims and provide them with some kind of monetary compensation.
People belonging to a specific group have been brutally targeted. Being a
Pakistani it really pains us, Justice Kilji Arif Hussain remarked. The chief

165

justice said: It has also been alleged that some people of law enforcement
agencies are also involved in these incidents.
When he learnt that attorney general had gone to Islamabad to attend
memo commission proceedings, the CJ expressed strong resentment and
remarked, Was the memo commission above the Supreme Court that he
(AG) went to Islamabad? He ordered for appearing of attorney general
before the bench tomorrow, adding since the FC was accused in this regard
so FC IG must also submit his explanation.
The list of those people who were murdered in the incidents of
sectarian targeted killing was also produced before the court upon which the
court expressed its displeasure over the arrests made by police in this
connection. As far as sectarian killings are concerned these incidents are
increasing day by day, chief justice said.
During the hearing the relatives of missing persons also recorded their
statements. At this, Voice For Balochistan Missing Persons President
Nasrullah Baloch told the court that the relatives of missing persons did not
want any compensation but their loved ones. The court said that if missing
persons were involved in any crime then cases should be registered against
them and they should be dealt in accordance with the law.
Some women told the court that personnel of Frontier Corps and
intelligence agencies raided Sariab area on March 1st and whisked away ten
male members of their family. They said that later on three people were
released and seven were still missing. When the court asked the police
officials about the incident and custody of seven persons the police
disassociated it from the incident that irked the court.
Upon this the chief justice ordered that if said seven people were not
produced on Friday before the bench all concerned police officers, including
Inspector General of Balochistan Police would be suspended. Linking the
deteriorated security situation to lack of effective local government, the
bench also sought report from Balochistan as well as all the other provincial
governments regarding holding of local bodies elections in the country. The
court adjourned the hearing till today.
Meanwhile, six people, including three Frontier Constabulary troops,
were killed and another four wounded in bomb blast and shootings in
different towns of Balochistan. An FC convoy was on its way when a
roadside bomb exploded in Balnagor area of Mand, killing three troops and
injuring four others. In another incident, unidentified people opened
indiscriminate fire at a restaurant owner in Quetta, killing him and another
166

man. Separately, unidentified armed men attacked a person near a police


picket, injuring him critically. Later, he succumbed to wounds.
Next day, on orders of Supreme Court Chief Justice, the Quetta police
produced four out of seven missing people of Marri tribe before the Court. A
total of ten men were picked up during a raid in the Sariab Mill area of
Quetta on March 1. Three of them were later released, while seven others
had been listed as missing.
The police had earlier told the court that they did not know about
these missing persons. Chief Justice suspended New Sariab SHO over his
false statement about the missing persons and directed the police chief to
arrest him. He reiterated that he would suspend the Balochistan IGP and
other officials concerned if the remaining three persons are not produced
before the court by April 9.
The Chief Justice passed strict remarks over the recovery of two more
mutilated bodies from Mastung and said there was no difference between
humans and animals in Balochistan. He expressed his strong resentment
over the absence of AGP and directed him to appear on next date of hearing.
The bench observed that the AGP was more focussed on other issues in
Islamabad rather than Balochistan.
IG FC also appeared before the court and categorically rejected the
charges against the FC. PPP MPA Sadiq Umrani during the Balochistan
Assembly proceedings accused the FC of kidnapping and killing two
persons near Kalat and Mastungthey cannot lie on the floor of the house,
the chief justice told the IG FC. The IG FC said his institution had issued a
statement very next day and categorically stated that no such incident took
place. The contradictions are not enough and every next day we read news
against the FC for its involvement in kidnappings and dumping bodies
Such acts will create serious problem for you, Justice Iftikhar told the FC
chief. The court directed the IG FC to appear with complete report on the
next hearing.
A woman appeared before the bench and informed the chief justice
that her brother Dr Naseer and his two friends had been missing after they
were picked up allegedly by the government functionaries from Killi Ismail
in Quetta on April 3. The bench directed the Jinnah Town SP to ensure the
safe recovery of these missing persons by April 10. The court will register
an FIR under Section 302 of PPC against the SO concerned if one of the
three missing persons is found dead, Justice Khilji told the police.

167

The home secretary informed the court that as many as 1,056 people,
including 227 FC personnel and 196 policemen, had been killed in
Balochistan since 2009, while 250 people lost their lives in targeted attacks
in sectarian violence. The chief justice expressed his anger, saying the
figures reflected the failure of government and its functionaries. The chief
justice adjourned the hearing till April 12 that will take place in Islamabad,
while the bench is scheduled to return to Quetta on April 30.
Meanwhile, unidentified gunmen killed a religious leader in the
provincial capital. Maulana Muhammad Qasim, Khateeb of Jamia Masjid
Noorani, was on his way to lead Friday prayers when armed men attacked
him, wounding him critically. He was shifted to Civil Hospital where he
died. Following the incident, his supporters took to the streets and staged a
demonstration against the killing.
Hafiz Saeed said that the US had its eyes on Gwadar Port and wanted
to get access to the Central Asian States through it; it was the reason why it
encouraged a handful of miscreants to separate Balochistan from Pakistan.
He said tabling of a resolution in the US Congress seeking separate status
for Balochistan was ample proof of its involvement in the province.
I have visited the province many a time and have also talked to
Baloch political organizations and the general public. They want to live
within the constitutional framework of Pakistan, he observed. Foreign
elements (US and India) were, however, using a few miscreants there who
are fanning separatist movement under the influence of the two countries, he
added. He said the government should talk to all Baloch political
organizations, including tribal chieftains, to set things right in that province.
He said the Difa-e-Pakistan Council (DPC) was organizing a
conference on Balochistan on April 26 to find solution to the problem faced
by Balochs. Hafiz said he was not part of any armed movement, but in case
the country came under any threat he and his organization would adopt any
means to defend their motherland. He said he believed in using public
pressure as a weapon to create awareness among the people about nefarious
designs of the USA, India and Israel.
On 7th April, four people were killed in shooting incidents. Armed
men attacked an FC post in Barkhan, killing a security man and wounding
another. Unidentified gunmen killed an ASI in Kalat. In Quetta, two people
were shot dead in two separate incidents of firing.
Police produced another missing person, Zaman Marri, before the
Supreme Court Quetta Registry. Zamans brother had blamed SHO New
168

Sariab Police Station yesterday for not registering an FIR about his brothers
abduction. Chief Justice had expressed displeasure and ordered the IG police
to produce missing persons including Zaman Marri. Meanwhile, after two
years, the Crime Branch of Quetta Police completed probe into the Akbar
Bugti murder case and dispatched challan to the Kohlu sessions judge.
On 8th April, a partial shutter down strike was observed in Quetta and
some other towns of Balochistan against the killing of Maulana Muhammad
Qasim Sasoli, who was shot dead on Sariab Road on Friday. Protesters
demanded immediate arrest of murders of Maulana Muhammad Qasim.
Turf war in Karachi: On 2nd April, at least six people were killed and
over 28 wounded in a pitched gun battle between police and gangsters
affiliated with the outlawed People Amman Committee (PAC) in Lyari and
surrounding areas. A local PPP leader Hassan Soomro was among the dead.
The criminal elements in Lyari back-lashed after a week-long pause against
the law enforcement agencies, as they used rockets, hand grenades and
automatic weapons. Police were unable to enter into the congested areas
owing to resistance and gunfire.
President Zardari chaired a high-level meeting at the Bilawal House
where he ordered the provincial bosses to observe zero tolerance to street
crimes and extortion. He ordered fencing the Karachi-Balochistan border to
stop the movement of miscreants and arms. He also called for taking a
number of other stringent measures, including geo-fencing of localities
infested with criminal elements. The president said a scientific study should
be carried out about the nature of each crime committed whether it was
related to sectarianism, extremism, land grabbing, street crimes, targeted
killing, political rivalries and migration from other areas of the country.
Earlier, a meeting of the Sindh PPP core committee was held at the
Bilawal House. The committee discussed overall political situation in the
province and coalition matters. The meeting expressed satisfaction over the
policy of reconciliation being pursued and said the policy would be pursued
in the large interest of the province and the country.
Next day, at least four more people, including an MQM supporter,
were gunned down in different neighbourhoods in Karachi while a dozen
political activists were rounded up in separate raids. According to Police, the
four men, who belonged to a Pakhtoon-based political party, had killed four
shopkeepers over their refusal to pay extortion money. They were also
charged with killing two policemen in a shootout in Jackson area. The ANP
refuted the charges of extortion and killing.
169

On 4th April, British Deputy High Commissioner held a meeting with


MQM leaders and later headed into talks with the ANP. Campbell said that
peace in Karachi was not only in the interest of residents but also the
international community. He expressed profound grief over the killings of
ANP workers and supporters, saying the sacrifices the ANP made were
unforgettable.
The meetings of the British diplomat with the two political parties are
being seen as the international communitys efforts for durable peace in the
cosmopolitan. The British envoy along with other high commission
members met MQM Coordination Committee deputy convenors Dr Farooq
Sattar and Nasreen Jalil, its members Mustafa Kamal, Kunwar Khalid
Younis, Faisal Sabzwari and Faroogh Naseem.
MQM leaders said they discussed the political and economical
situation of the country, especially Karachi. Shahi Syed informed the
diplomat about the security situation in the city and the killings of his party
workers and office-bearers. He requested the deputy high commissioner to
support the ANPs struggle against terrorism and extremism and
deweaponization of Karachi.
A delegation of US journalists visited Nine-Zero. The delegation was
briefed in detail about the demographic characteristics of the city and the
problems being faced by the people in the absence of a local government
system. During the meeting, the history and underlying reasons of violence
in Karachi came under discussion. Meanwhile, four more people, including
an ANP leader, were gunned down in the city. Rangers official, who got
wounded on April 1 near the Met Office succumbed to his injuries.
Next day, a suicide bomber targeted the motorcade of SSP Malir,
killing four people and wounding 16 others near Malir Halt, while three
policemen were killed in a drive-by shooting in PIB Colony. SSP held TTP
responsible for the attack. In another incident, unknown armed men riding
motorbikes and two cars opened fire at a police vehicle in the PIB Colony,
killing three policemen.
After killing the cops, the gunmen opened fire at the house of a local
MQM man located in the same area where the police mobile was stationed.
MQM deplored the incident and claimed that the PAC had now been
exposed in front of the people. The MQM committee demanded President
Zardari, PM Gilani, Interior Minister Rehman Malik, the Sindh governor and
CM to immediately arrest the killers of the police officials.

170

The Special Investigation Unit claimed to have arrested three target


killers and recovered weapons from them in raids on SITE area and Orangi
Town. They were also involved in several cases of street crimes. A
Kalashnikov, two rifles and three TT pistols were seized from the killers.
Meawhile, SHC Chief Justice said chaos in the city was due to lack of
political will.
On 6th April, three PPP workers and a Peoples Student Federation
activist were targeted killed, while sectarian killing claimed life of a
seminary teacher. The triple murder of PPP activist caused tension in several
areas of Orangi Town. Unidentified armed men opened aerial firing forcing
closure of all shops and markets. Police blocked the road with the help of
containers, when protestors tried to force their entry into the red zone.
The Model Town Police registered a case against former SHO Sohrab
Goth Azam Mehsud, his brother Sher Zaman Mehsud and militants of TTP
on the complaint of SSP Malir Rao Anwar under sections 302/34, 324/34,
120, 427, Explosive Act and 7-ATA. SSP Malir Rao Anwar had nominated f
Azam Mehsud and his brother after Malir suicide attack on his convey.
Next day, four more people including a police officer and an activist
of PPP were gunned down in separate acts of target killing in different parts
of the metropolis. The Police in their drive against criminals arrested 26
accused from various areas of the city during the past 24 hours.
Militancy elsewhere: On 3rd April, the authorities issued shoot-onsight orders to the law enforcement agencies to maintain law and order
situation after 17 people were killed and more than 50 wounded in sectarian
violence in Gilgit-Baltistan. The casualties occurred in two separate
incidents in the northern towns of Gilgit and Chilas.
In Gilgit, gunmen opened fire during a strike called by Ahl-e-Sunnat
Wal Jamaat (ASWJ) over the arrest of one of their leaders, Attaullah Saqib,
for his alleged involvement in a sectarian attack in February that left 18
dead. When police refused to release Attaullah Saqib, angry protesters
opened fire and pelted the anti-riot police with stones, leaving several
officers injured. Curfew was imposed in the city after the incident to bring
the situation under control. Soldiers were given orders to shoot at anyone
who defied the curfew order.
In Bonar Das area of Chilas, a Sunni-dominated town about 100
kilometres south of Gilgit, a mob blocked the main Karakoram Highway and
killed ten Shias, local police said. Hundreds of people took to the streets
protesting the killings in Gilgit, he said, adding that the rioters set four buses
171

on fire. The deteriorating situation in Chilas had prompted the local


authorities to impose a curfew.

VIEWS
Power politics
What we need to shed: During this regimes incumbency Pakistans
crises have multiplied and deepened manifold and on many fronts. Can the
rule of law prevail when the chief executive of the state defies it at will, and
is contemptuous about his defiance? While the army has been sacrificing
their young men in Swat, Fata and countless other places, the civilian
casualties in Balochistan, Gilgit, Karachi, etc., are frequently in the news for
all the wrong reasons.
As fuel prices keep increasing and electricity gets scarcer (or nonexistent), the summer will become longer and hotter, in all senses of the
word. If the Supreme Court fails to act, the effort to rid the country of its
problems will move to the streets of Pakistan. This will force the army to
act, with the Supreme Courts request under Article 190, or without it.
What this country really needs is leader-shedding, not load shedding.
(Ikram Sehgal, The News 5th April)
BBs son needs protection: Speaking of children, it is a much better
idea for Bilawal to be positioned as a youth leader, who does some concrete
work for underprivileged children and the teeming youth without education
and jobs. This will endear him to people and help polish his insights as well
as language skills. Instead, we are being made to listen to speeches with
phrases that are too much of a mouthful and sound so unreal coming from
him. It is so abundantly clear that politics is not Bilawals natural calling and
that he is a likeable young man, who should be doing internships to discover
what his strengths are. Just like the anxiety-ridden children of the poor
should be protected, BBs son, too, ought to be protected from having
greatness thrust on him so much ahead of time. The bulk of the PPP looks
kind of silly when they refer to him deferentially as the Chairman. All this
almost monarchy business in what is professed as a democracy just does not
gel. This holds equally true for all the sons, daughters and sons-in-law in the
pipeline in all other parties too waiting to take over from where their parents
left off! Whenever the complete history of the world is written in the future
the case of the son-in-law in South Asias Pakistan will surely be a case

172

study! But that is just a thought in passing. (Tallat Azim, TheNation 7th
April)

Rule of law
Our secular saints: Modern governments seek legitimacy not from
the sacred, but through laws and via institutions representing the populace.
Unlike personal nature of traditional political arrangements, modern
institutions are impersonal. Institutions established on rational basis enabled
a large part of mankind to rid itself of oppression stemming from the whims
of rulers.
The best way for our own rulers to modernize Pakistan is to seek
legitimacy through rule of law, not through personal appeal or sacred
justifications. Involvement of the sacred in the domain of the secular not
only affects functioning of modern institutions but also corrupts the sacred
and creates disillusionment with religion.
If Gilani prefers being pir and gaddi-nasheen, he should have avoided
politics. Now he is trying to steer the ship in the increasingly dirty waters of
Pakistani politics, and on behalf of a party headed by Asif Ali Zardari, so it
is natural that he will be splashed. By asking the court to treat Gilani as
someone above the law, Aitzaz Ahsan is trying to perform the impossible
task of defending a political pir willingly engaged in dirty politics. (Aziz Ali
Dad, The News 5th April)

Defiance of judiciary
Unbecoming words (for judiciary): Speaking on the occasion of
Zulfikar Ali Bhuttos 33rd death anniversary at Garhi Khuda Bux on Tuesday,
President Asif Ali Zardari accused the Supreme Court of not having the
grace to stomach the installation of a 40MW power plant at Naudero. Mr
Zardari was making an obvious reference to the court order declaring that
since there had been a strong element of corruption in all the deals of Rental
Power Projects (RPPs), they were illegal and should be rolled back. These
projects had been deemed far too expensive and failed to stall the electricity
shortage crisis, as intended. Besides, the agreements between the owners or
sponsors of the RPPs and the government were, the apex court believed, not
concluded in a transparent manner. Mr Zardaris reference to the RPP at
Naudero should be taken in that context. The Supreme Court felt hurt that a
power plant had been installed at Naudero, were his exact words. He also
tried to draw comparison between the judgment affecting this project with
the courts disregard of history i.e. not proceeding with reversing the
173

judgment against Mr Bhutto and declaring him as innocent. Not lagging


behind Mr Zardari was his son Bilawal Zardari Bhutto, the Chairperson of
the PPP. He sought an apology from the apex court for the injustice done to
Mr Bhutto and, indeed, to history. The Supreme Court of Pakistan
sentenced Shaheed Bhutto to death by hanging for a crime he did not
commit, he argued.
From the other end, Chief Justice Iftikhar Muhammad Chaudhry
warned, The time should not come that we ask some other people to
implement our orders about Karachi. He was holding a hearing at Quetta
about the target killings and disappearances and the discovery of dead bodies
in Balochistan and in the context of a reference to the abysmal situation in
Karachi where the government was finding it hard to check the murderous
riots taking place, he expressed his exasperation in these words. It was a
different situation, no doubt; yet Justice Chaudhrys words were significant
in the face of the conditions prevailing in the country.
The entire nation is, in fact, at its wits ends for not being able to
visualize how the ruling political setup could justify its blatant defiance of
the highest court in the country while, at the same time, claiming that the
country was being run on democratic principles and according to the
Constitution. On the one hand, the PPP leaders keep the mantra of
reconciliation constantly on their lips, on the other they commit acts that
constitute an open clash with the judiciary. Things have gone so far that the
Supreme Court that had been exercising remarkable patience felt compelled
to indict Prime Minister Gilani with contempt of court. Can one hope that
the PPP leadership would at last realize that its policies with regard to law
and Constitution are an invitation to the anti-democratic forces to step in and
the harrowing scenario had best be forestalled? (Editorial, TheNation 5 th
April)
A besieged country: Today, Pakistan is a besieged country in the
hands of its leadership and their crude machinations solely crafted and
unleashed for their vile advancement. Can this mess ever be untangled?
Only a while ago, one thought so. That was the time when the dream
of an independent judiciary was realized and we had a set of justices in
whom the country could rest its case and the people their fate. One also
knew that the challenges ahead would be immense and the path would be
strewn with potholes both natural, but mostly man-made because, after all,
it was the illegal and hollow ascendency of a bunch of corrupt leaders that
an independent judiciary would pose a threat to. The picture looked even
174

more promising because this independent judiciary had come in the wake of
a truly memorable struggle and it also needed to urgently nullify a reputation
of having been an institution that had repeatedly affixed its approval on the
intrusions of dictators and despots.
Agreed, it did not have any guns to fire with, or instruments to force
subservience to its edicts. But, it had a surfeit of moral authority and the
active public support to back it if the need for that ever arose. Dealing with
an eternally-errant government taking pride in its open and willful defiance
of the judiciary, there was no dearth of adjudications emanating from its
various benches. From benefits accrued from an inherently flawed and
deceitful NRO to countless instances of willful and abject abdication of
governance, plundering of state resources, denuding of its institutions and a
host of other criminal failings, there were countless opportunities for the
judiciary to assert its authority through a combination of issuing expeditious
judgments and following up on their implementation through the use of
constitutional powers vested in it. It is on both these fronts that the judiciary
has been found wanting.
The delay in issuance of decisions and the inordinate time-frame
allowed to various state institutions and functionaries to implement them
defies logic. Take the case of the NRO. After declaring the ordinance void ab
initio, and facing a defiant government, the apex court took over two years
to constitute an implementation mechanism which, inevitably, led to the
prime minister being hauled up for contempt of court. Even now the time
being given and the manner in which it is being given to the errant party in
its bid to dodge the punishment show an enormous bit of dithering.
Does this reflect an unseen weakness on the part of the judiciary itself,
or the lack of support extended by other institutions which should come by
way of fulfilling the relevant provisions of the constitution? Whatever it may
be, it has made the judiciary look weak. Consequently, the dream of the
judiciary becoming an instrument of change is fast waning.
As a consequence of this failing, the proponents of the corrupt status
quo have become more daunting in their misdemeanours, thus adding to the
woes of a beleaguered people most of whom are incessantly fighting for a
few miserly morsels every day. Electricity is extinct Education, health and
other basic needs of every family come at a heavy price
The killers and looters are wearing the masks of aggrieved people.
They demand the arrest of individuals whom they paint as perpetrators of a
crime while they shield their own brigades of murderers and extortionists
175

who are let loose on a distraught people to further perpetuate the fear
syndrome in which they thrive. A brutal and systematic radicalization of the
society, deepening obscurantism among its rank and file, increasing
intolerance and excessive violence are just some of the gory symptoms of a
potion that is being prescribed as a cure to our ills. It is an ideal recipe to
self-destruct!
State institutions are being abused to serve the interests of the ruling
mafias. Grave financial corruption aside, the so-called political
heavyweights suffer from an incurable intellectual corruption as they
change allegiances as a matter of whim and opinions as a convenient means
to greener pastures without suffering any regret or compunction. They flaunt
their shift as a principled move, thus plunging their new-found love into a
nosedive. They are corrupt mavericks on the loose with no sense of shame.
They are the ultimate winners in this game of lust and deceit.
It is as if we are caught up in a vortex of currents that can be seen and
felt, but that is beyond remedy because its reins are being controlled by an
illicit alliance forged between the powerful and the mighty among the ruling
echelons who continue to indulge nonchalantly in indiscriminate loot and
plunder in spite of the constitution, in spite of the parliament, in spite of an
independent judiciary and in spite of an increasingly harassed but combative
people. Anarchy seems on the anvil. We call this democracy and wait for the
next elections! (Raoof Hasan, The News 6th April)

Recessing economy
Gas and POL prices: The record surge in the prices of petroleum
products and CNG has evoked an involuntary cry of pain and protest from
all classes of people living in the country. They felt shocked and bewildered
and were sunk further into the deep depression caused by the heavy burden
of making both ends meet in this corruption-ridden and un-secure society.
The across-the-board anger should serve as a warning to the government of
the reaction in store unless it decides to take back the hike.
Soon, it became obvious, as experience had shown, that the increase
would not remain confined to the petroleum sector alone and would cast its
dark shadows over goods and services in general. The transporters, while
demanding the withdrawal of the increase, decided to raise intercity fares by
five to 10 percent, but in practice, minibuses plying in the city are also
charging higher fares. There are threats of civil disobedience by the traders
backed by an ultimatum to the government to take back the price increase
within 72 hours; such is the rage of traders who see their businesses go
176

down, as lesser number of people could now afford to buy their products.
The spectre of cheaper Indian goods flooding the market and driving them
out of the competition is becoming real, thanks to the authorities myopic
decision to give New Delhi the MFN status.
In a scenario like this one could expect how the political parties,
particularly the opposition, would react Even the PPPs coalition partner
MQM has called for withdrawing the increase, practicing austerity and
cutting down non-development expenditure. The Pakistan Tehreek-i-Insaf
and Jamaat-i-Islami, both denounced the decision terming it an example of
anti-people policies of the government.
The people have been passing through a long and trying period of
high prices in every conceivable field, forcing them to be content with a
progressively lower standard of living Yet, the pity is that there is no letup in the wasteful official expenditure, fuelling anger and resentment that
could, aided by other scourges of misgovernance, load shedding and water
scarcity afflicting the country, easily boil over and threaten stability.
(Editorial, TheNation 3rd April)

Provincial disharmony
Zardaris half-hidden agenda: This is not the first time that he has
chosen to couch his political diatribes in ethnically-charged terminology. In
fact, his incoherent and paradoxical political narrative often resorts to ethniclabeling, stirring emotions of victimization among Sindhis on several
occasions and pointing fingers at privileged Punjabis on several others.
When he talks about a new province for Southern Punjab, he makes it a
point to give it an ethnic colour. Even the PPP's war on the independent
judiciary has been painted in ethnic shades, accusing the courts of prejudice
against Sindhi leaders and being soft on leaders from Punjab. The heir to the
PPP throne, Bilawal Bhutto Zardari, parroted his father's devious logic
recently when he asked the present Supreme Court to apologize for the
mistrial of his grandfather more than 30 years ago.
This divisive framework has been adopted by the serf-like party men
populating Bhutto dynasty's PPP, party men who otherwise loudly and
incessantly claim that their party is the chain that links all provinces. The
party no longer speaks of the problems of the downtrodden, the workers and
peasants, something that cuts across ethnic divisions. As a party with
representatives from all provinces of Pakistan, it refuses to fulfill its
responsibility of creating a vision that would unite the people. Instead, under
Zardari, the party seems to have taken upon itself the task of exacerbating
177

divisions within the society. As PPP Co-Chairman, Zardari has every right to
set whatever direction he chooses for his party, no matter how politically
unsound or devious it is. As the President of Pakistan, the symbol of our
federation, such behaviour is inexcusable.
President Musharraf was severely criticized by the PPP for being
partisan and chairing meetings of his PML-Q at the presidency. Where does
it stand today on the issue? Is it alright for the President to be partisan and to
chair meetings of his party at the presidency if he belongs to PPP? In fact,
Zardari has blemished the office of the President even further by speaking of
the nation he heads in divisive ethnic terms. He is praised by his partymen
for transferring presidential powers to Parliament through the 18th
Amendment. It does not seem to matter that he continues to call the shots
from the presidency and has the remote of the government in his control. It
does not seem to matter that he is actively involved in the affairs of the
government, whether it is about writing to the Swiss authorities, gas
pipelines or foreign affairs.
Zardari's political chicanery is obvious to everyone other than his
darbar of serf-like PPP wallahs. He has consistently worked to reverse the
gains made by the nation through the rule of law movement. After he failed
to stop the restoration of judiciary despite his untiring efforts and deceptive
tactics, he has been on a crusade to make it ineffective and controversial.
Against the momentum of public opinion seeking a new political culture
where no one is above the law and those in positions of power are
accountable, he has reinforced the traditional circus of patronage and special
privilege under the garb of his much touted policy of reconciliation. Against
the overwhelming public support for ending our cooperation with the US in
its war against the Afghan people, he has consistently tried to please his
imperialist masters.
The first thing the PPP Co-Chairman did after his party won the last
elections was to pay homage to the American Embassy in Islamabad. He had
much to thank his American friends for. After all, the NRO was facilitated by
them. Though he was not the President of Pakistan then, it was a bad omen
for the nation. Once he occupied the presidency through deceit and
corruption, we have seen the hell break loose, bit by bit. Every challenge
faced by the nation has become more grave, every problem bigger. There is
tension in places that were peaceful and places that were tense have become
unmanageable. The divisions are deeper and the poor have been further
impoverished. A democratic government would have healed the wounds and

178

made things better. Zardari's reign has delivered what his masters ordered.
(Jalees Hazir, TheNation 8th April)

Baloch militancy
In judicial focus: Chief Justice Iftikhar Chaudhry surely knows a lot
about Balochistan because he has a domicile from the province and has deep
attachment to it. It was in Quetta that he received his early education,
practiced law and presided over the Balochistan High Court as its chief
justice. However, his good intentions need to be supplemented by all parties
to the conflict to make an impact.
One such party to the conflict is the Inter-Services Intelligence (ISI),
which not surprisingly requested an opportunity to make a presentation to
the Supreme Court on the Balochistan situation. The ISI has been blamed for
many things in Balochistan and it would be right for the Chief Justice and
his fellow judges to hear its side of the story. In fact, all the blame for the
disappearances of Baloch nationalists and the recovery of their tortured
bodies is placed at the door of the intelligence agencies, particularly the ISI.
Cold statistics from different sources tell the sad story of abductions,
torture and revenge killings. The Voice of Missing Baloch, which under
Nasrullah Balochs leadership has campaigned steadfastly for the recovery
of Baloch who have disappeared allegedly into the hands of intelligence
agencies, is claiming that 6,000 of them have gone missing since 2003. The
government in 2011 conceded that 1,000 Baloch were missing, but it
recently brought the figure down to 48, without providing any convincing
reason for such a big gap in numbers.
Human Rights Watch estimated that since January 2011 around 300
people were abducted or killed in Balochistan and their bodies abandoned. It
said Pakistans security forces operating in Balochistan may be responsible
for these incidents. The security forces, mainly the 50,000 paramilitary
Frontier Corps soldiers deployed there, deny the accusations.
However, there is another aspect to the killings. The Human Rights
Commission of Pakistan has reported that since 2006 around 800 settlers,
mostly Punjabis and including teachers and labourers, were murdered. It is
not difficult to figure out who would have done this. Baloch separatists
sometimes dont hesitate to admit it and on occasions their spokesmen have
justified the killings as revenge for the abductions and deaths of Baloch
nationalists at the hands of the intelligence agencies.

179

The separatists have also murdered fellow Baloch after accusing them
of treason for serving or spying for the Pakistani government and the
military. Occasionally, Pakhtuns from Balochistan and the rest of Pakistan
have been killed. Such tactics have caused fear and forced many long-time
settlers to leave Balochistan. This has also deprived the Baloch nationalists
of sympathy and support for their cause in Pakistan. Winning recognition for
the Baloch cause abroad is important but losing sympathy at home is of
equal importance. (Rahimullah Yusufzai, The News, 4th April)

Turf war in Karachi


War zone Lyari: Over the past few years, Lyari has emerged as one
of the main theatres of conflict and has figured prominently each time there
is unrest in Karachi. It has come to be known for its various gangs
patronized and nurtured by various political parties. It has paid a heavy
price. One of the oldest areas of the city, it was once known as a place that
produced thinkers, poets and sportsmen. That culture is dead, having been
replaced by a reign of guns and bullets. Right now restoring order appears a
huge challenge. Many wonder if it can be achieved with the situation
growing more volatile by the day in an area that has long been considered a
stronghold of the PPP; the Baloch community there still remains largely
loyal to the PPP. So the key to peace in Lyari is held by the PPP and its
leaders. Deep divisions and differences within the PPP over the PAC and
other matters have made the task harder. Yet the ruling party, which also
leads the Sindh government, must play its role in ending the unrest and the
tensions which have turned the area into a blighted war zone. We hear that
Interior Minister Rehman Malik has been meeting different political parties
to discuss the situation. Will this mean anything other than continuation of
conflict by other (political or coalitional?) means? (Editorial, The News,
4th April)
The ongoing gang war, no-go areas, killings and intra-city
displacement of the people of Lyari are just news items for most of us, not
affecting our lives. The people of Karachi maybe forgiven for their
indifference and ignorance regarding this area, but the past and present
administrations, especially this government, cannot treat Lyari like a
political blind spot.
PPP apathy towards Lyari and its problems is unforgivable since many
of its leaders have reached their exalted positions by winning the vital seat
of Lyari. It will not augur well for them or any other political party to polish
politics using Lyari. (Editorial, The News, 4th April)
180

Militancy elsewhere
Where are the sane voices?: For centuries, Muslims have not been
able to find satisfactory answers to the theological differences amongst
themselves, but that alone is not a matter of concern, because these
differences are the basis of diversity in matters of practice of Islam, which is
the intended purpose of the Law and which is supported by sound practices
of the Noble Messenger, upon him blessings and peace.
The Book in which they believe and the practice of the Noble
Messenger, which they uphold, absolutely denies Muslims the liberty of
taking another life. Anyone who kills another human being without a
justification enshrined in the Book is simply creating his or her own place in
the eternal fire; this is the Divine threat and promise and this must be
repeated over and over until everyone understands it. This is one of the
greatest needs of the Muslim world today: to understand the limits of
personal responsibility in the face of rising sectarian strife.
That serenity and peace of Gilgit-Baltistan now seems a thing of the
past, as is the case for Baghdad, Kufa, Karbala, and Najaf, all centres of
constant strife and bloodshed. The villains who unleashed sectarian hatred in
Iraq may be smiling; they rightly found the nerve centre for the internal
collapse and destruction of the Muslim world, but is the Muslim religious
leadership so blind that it cannot see this plot? Is it willingly playing the
devils tunes or has it lost the light of the Book to such an extent that it is
now blinded by ignorance of the pre-Islamic era? Where are the sane
voices?(Muzaffar Iqbal, The News 6th April)

REVIEW
The father scoundrel and the baby scoundrel indulged in ridiculing the
Supreme Court on the anniversary of ZABs hanging on murder charges
more than three decades ago. Both made passing reference to the petition
regarding ZABs judicial murder, which in fact was not filed for redress of
any kind of grievances.
The aim of the Scoundrel was to provide a pretext to splash muck at
the superior judiciary with a view to pre-empting it from pressing for
implementation of NRO verdict. It was to save the Scoundrel from any legal

181

proceedings against him for committing crime of corruption and moneylaundering the cases of which were pending in Swiss courts.
The manner in which the Scoundrel and his budding son ridiculed
the judiciary in their speeches at Garhi Khuda Bakhsh left no boubt in
anyones mind as to what respect they grant to the Judges of the Apex Court
and their verdicts. But, one should not be surprised if the judges sitting on
the bench hearing contempt of court case continue exercising the judicial
restraint; if that be so, one should remove ones hat and bow before them.
Both of them inflicted injuries to judiciary and Army and then rubbed
handful of salt into their wounds by demanding that the Judiciary must
apologize for hanging a murderer who happened to be founder father of the
PPP. The two committed this crime in the presence of Aitzaz Ahsan, who
listened to all the nonsense with his mouth half opened like a school boy
listening to a horror story.
It appeared that he was thinking that he never imagined that the
mother-like state that he had been promising during Lawyers Movement
will have a husband like Zardari and bear a son like Bilawal, who claims to
be a Bhutto as well as a Zardari at the same time, but appears to be a true son
of his father. He in his speech addressed everyone by the name of the city he
belongs to as if there is no one in the country who merited to be called a
Pakistani.
After molesting judiciary and Army at Garhi Khuda Bakhsh, the
Scoundrel flew to Lahore to take on his third adversary. The confidence
touching arrogance with which he spoke to his party leaders and assured
them victory in next elections indicated that the global badmash is standing
at his back and wants his rule to continue for another term.
Meanwhile, admonishing a police officer during hearing of a case
Justice Hani passed unwarranted remarks about Army. The case had nothing
to do with Army, except that the SSP was lateral entry into Police from
Army. Justice Hani must have known better than anyone else as to how
many investigations are deliberately spoiled by direct-entry Police officials
who rise in the institution vertically. It appeared that in ridiculing Army the
judges and politicians are on the same page.
British Deputy High Commissioners dash to Karachi indicated the
concern of the Crusaders when the game was approaching the end. They
want peace in the port city ahead of resumption of NATO supplies through
land routes from Karachi to Afghanistan and the Brit met leaders of the both

182

parties that are eager to be in the good books of the West and can deliver
peace in Karachi.
Shahi Syed had no shame in begging the British Deputy High
Commission for de-weaponization of Karachi. He forgot that founder-father
of his party wanted de-weaponization of entire Pakistan and the Crusaders
were in and around this country to achieve this noble goal.
9th April, 2012

IN THE REGION-III
The regimes endeavours for revisiting Pak-US relations and framing
new terms of engagement could make no headway. Rabbani-led committee
could not deliver the revised recommendations in the given time-frame
because of boycott of PML-N and then by JUI-F.
The situation in Afghanistan remained tense as anger of Afghans
persisted for a duration longer than normal. Iran remained steadfast despite
tremendous international pressure and at the same time Tehran wanted
183

Baghdad or Bejing to replace Istanbul as venue of next round of talks


showing distrust in Turkey over its policy towards Syria.
Indo-US strategic partnership, however, became hyper-active. The
US, on the behest of India, fixed $10 million head money for Hafiz
Muhammad Saeed for his involvement in terrorism and later changed it to
reward for providing incriminating evidence against him. But, this ugly
development failed to deter the Scoundrel from visiting New Delhi.

NEWS
Pakistan
On 2nd April, at least 14 persons sustained injuries when a bomb
exploded at a bus stand in Sadda, Kurram Agency. Dozens of Taliban
militants coming from Afghanistan attacked a Pakistani paramilitary check
point overnight in Mohmand Agency, sparking clashes that left at least five
soldiers and up to 15 militants dead. Five troops were also injured and the
militants had infiltrated from Kunar province.
The family of Osama bin Laden will fly back to their home countries
on April 18 after years of long stay in Pakistan as a district and sessions
court of Islamabad sentenced his three widows and two adult daughters to a
month and a half in prison for illegal stay. The court ordered the government
to make arrangements for the deportation of bin Ladens family to their
home countries after they complete their detention period. The five relatives
of Osama deposited Rs50,000 in the court as the judge imposed a fine of
Rs10,000 each for their illegal stay in Pakistan.
Brigadier Ali Khan, who is facing court martial for his alleged links
with a banned outfit, reportedly refused to appear before the court when
military authorities barred him from holding a meeting with his counsel.
Colonel (Retd) Inam-ur-Raheem Advocate, the counsel for the accused,
while protesting the attitude of military authorities, said that he was earlier
allowed to see his client only after the LHC had directed the authorities to let
him meet. The lawyer further said Brigadier Ali had asked the military court
to give him the orders of the Federal government where his retirement orders
had been held in abeyance. The accused Brigadier had maintained that he
could not be tried under Army laws after he was retired from service.
Prime Minister Yousuf Raza Gilani Monday said that the Asian region
has been a victim of international power politics, but this is even more true

184

of Pakistan. Both the Soviet-Afghan war and the ongoing war on terror have
negatively impacted the country in many ways however the economic
damage is most grave and hence terribly visible, Gilani said.
Decisions by the memogate commission on how to proceed further
could result in the entire memo episode being discussed in US and European
courts, legal experts say. At its last hearing, the commission discussed the
option of issuing warrants for Haqqani or for taking other punitive action in
accordance with Pakistani laws. Implementation of any warrant against
Haqqani would require cooperation from the United States government as
Haqqani is currently in the US. Such a decision would open the way for
Haqqani to challenge not only the commissions decision but even the
Supreme Court judgment that resulted in the formation of the commission
before a US court.
Meanwhile, several legal proceedings against Ijaz are also expected as
a consequence of statements he made before the commission. Ijazs claim of
serving a foreign ambassador as a messenger violates US law unless he
registered himself with the US justice department as a foreign agent. His
comments about several people, including Americans, could also earn him
law suits. Haqqanis lawyers are already considering initiation of claims
against Ijaz in US courts.
Issuance of warrants for non-appearance would be a political setback
to the former ambassador in Pakistan but it would have no concrete affect as
he expects full support from US and international human rights
organizations. Haqqani has not been charged with or convicted of any crime
and his international supporters have consistently argued that the original
restrictions on his travel abroad were unjustified under international law.
If the commission issues warrants against Haqqani or takes other
punitive action, he will most definitely seek protection from US courts
against implementation of such orders. This could increase the confrontation
of the PPP government with the judiciary but would certainly provide it with
political ammunition as foreign courts examine and question legal issues
involving the conduct of Pakistani courts.
PCNS could not make any progress on redrafting of the
recommendations due to boycott of the PML-N to record its concern over
the exorbitant increase in the prices of petroleum products and CNG. Talking
to media after the meeting, which remained in session for a brief period,
Raza Rabbani said the committee continued its work on sprucing up the
already drafted recommendations for the foreign policy review and
185

expressed his optimism that finally they would come up with unanimously
adopted draft.
Amid the parliamentary debate on new rules of engagement, the
United States is struggling as to how it can skip Pakistans core demand to
bring the attackers of Salala check post to justice. Deputy Secretary of State
Thomas Nides is expected to visit Pakistan soon to discuss the issue with
Pakistani authorities in a bid to find a face-saving solution. However,
diplomatic sources did not agree that Mr Nides would be visiting to discuss
this particular issue alone. They say his agenda carries other more critical
issues including the Coalition Support Fund (CSF) and resumption of NATO
supplies.
On 4th April, at least seven persons were killed and three wounded in a
bomb blast in a passenger van near Jamrud. According to the locals, all the
dead persons were relatives and were NATO suppliers. And they had been
receiving threats due to their alleged involvement in this business. The UN
refugee agency announced last week that more than 100,000 people, mostly
women and children, have fled the fighting in Khyber since January 20.
Yet another security check imposed by the United States on PIA
flights operating between the two countries will force the passengers to opt
for an airline other than PIA, as the security check will increase the travel
time from 16 to 25 hours. The security check will be conducted at the
Manchester airport, where already the process was taking one and half hour,
but the new restrictions are going to increase it to six and seven hours.
President Zardari during his meeting with US Deputy Secretary of
State Thomas Nides and other diplomats at Governor House Lahore told
Americans to wait for the Parliament recommendations on new terms of
engagement with their country and the NATO allies. Earlier, Nides said in
Islamabad that Pakistan had to address the US concerns about security,
calling for a balanced relationship that works through the countries
differences.
On the other hand, Pakistan, while rejecting the US demand for the
arrest of Jamaat-ud-Dawa (JuD) and Lashkar-e-Taiba (LeT) chief Hafiz
Muhammad Saeed and taking strong exception to announcement of $10
million head money for him, asked the United States to respect the countrys
red lines regarding territorial sovereignty and integrity. Foreign Minister
Hina Rabbani Khar conveyed Pakistans position to the US diplomat during
the delegation-level talks.

186

The President told US representatives that Pakistan had no evidence to


arrest and prosecute Mr Saeed. On militancy in Pakistan, Zardari said narcotrafficking and narco-financing were among the major challenges that
needed to be tackled urgently; adding the international community and
NATO should address the issue and eliminate funding sources of militants.
Meanwhile, the Pentagon threw its full weight behind the decision to
target Hafiz Saeed, saying the LeT was a very dangerous group. Pentagon
Press Secretary told a news briefing: The LeT, from the US perspective, is a
very dangerous group that has mounted operations externally and continues
to plot attacks. This is a very serious issue for us, and I think thats why you
saw this announcement. You know, we believe that this group remains a
threat, remains a threat to people in the region and to us.
At the State Department briefing, deputy spokesman Toner said the
US is working to assist Pakistan and provide the country evidence to arrest
Saeed and try him in a court of law. He said the US has intelligence and
information but indicated that at the moment it had not the concrete
evidence as demanded by Pakistan that might assist a judicial inquiry to
prosecute the LeT chief in court of law for his role in 2008 Mumbai attacks.
I think we are trying to work in concert with Pakistani government in
order to bring this guy to justice, the deputy State Department spokesman
said with emphasis, when asked if Tuesdays move to put bounty on Saeed is
a vote of no-confidence in Pakistan. Toner termed Saeed and his former
group LeT a threat to the region and accused him of involvement in killing
of several people in addition to six Americans in the Mumbai attacks.
Expressing confidence in the independent judiciary of Pakistan,
Jamaat-ud-Dawa (JuD) head Hafiz Saeed said he would knock the door of
courts for justice if the federal govt tried to detain him at behest of the
United States. Bounty is announced for those who go into hiding after
committing any crime. I appeal America to award me $10 million and I
would meet with them and also spend this money for the uplift of people of
Balochistan, he added.
A meeting attended by DPC Chairman Maulana Sami-ul-Haq, former
DG ISI Lt-Gen (r) Hamid Gul, Sheikh Rashid, Liaqat Baloch, Maulana Tahir
Ashrafi and many others lamented over the ignorance of US. There was no
legal ground for initiating action against him and his aide Hafiz Abdul
Rehman Makki as they were not wanted in any criminal act in the United
States.

187

DPC Chairman Sami-ul-Haq urged the federal government and


Parliament to react sharply over the US move and asked President Zardari to
cancel his planned visit to India on April 8. The DPC chairman said the
Foreign Office should summon the US ambassador and lodge official protest
over the issue. Maulana said the DPC would observe a black day on Friday
in protest. Sami warned if US repeated any Abbottabad-like operation
against Hafiz Saeed, the DPC would agitate across the country. He added
that the US had been creating more enemies for its people by fulfilling the
wishes of India.
Acceding to the request of Prime Minister Gilani, Nawaz Sharif
announced ending his partys boycott to proceedings of the parliamentary
committee busy in sprucing up the recommendations for foreign policy
revisit. Prime Minister rang up Nawaz Sharif after his party stalwarts failed
to bring around Muslim League-Nawaz members at the PCNS. The prime
minister thanked the PML-N president for his partys effective role in the
All-Party Parliamentary Committee meeting held on March 29 to finalize the
recommendations regarding new rules of engagement between Pakistan and
US/NATO/ISAF.
PCNS Chairman Senator Raza Rabbani himself had made several
attempts to bring PML-N members back to the committee but citing their
party decision both Senator Ishaq Dar and Sardar Mehtab Abbassi turned
down his requests. The committee was to complete the review of the 40point recommendations by April 4 so the new draft could be placed before
the joint sitting of the parliament on Thursday (today), but as the main
opposition party was on boycott so the review process was hampered and
now it is quite improbable that amended proposals would be put before the
parliament today.
Husain Haqqani expressed his inability to appear before the
commission investigating memogate scandal citing health reasons. Through
a plea moved by his lawyer Sajid Tanoli, Haqqani said he wont be able to
appear before the commission on Thursday (today) for cross examination.
The written plea said the former envoy was suffering from heart disease and
was set to undergo heart surgery in the US shortly; therefore he was not sure
to appear before the commission.
Next day, Memogate commission resumed hearing. Former DG ISI
Lt-Gen (r) Shuja Pasha said there was no threat of military coup following
American operation in Abbottabad on May 2 last year that killed Osama bin

188

Laden. The civilian and military leadership were on the same page, Pasha
told the judicial commission probing the memogate scandal.
During his appearance, he gave the panel details of his meeting with
Ijaz that was held to verify latters assertions he made in a Financial Times
article. I held a meeting with Mansoor Ijaz on October 22, 2011 in a hotel in
London which continued for four hours. He showed me BBMs and calls
record, which confirmed his contacts with Husain Haqqani. Mansoor
showed some 35 message on his cellular set.
During cross-questioning Pasha said that a meeting was held
following Ijazs article. President Zardari, Prime Minister Gilani, Army
Chief, Husain Haqqani and he (Pasha) attended the meeting to discuss post
article situation. Replying to a query from Haqqanis counsel Zahid Bukhari,
Pasha claimed that he confirm word for word the affidavit he had earlier
submitted before the commission.
Apart from Ijazs own antics, the statement before the commission by
former ISI DG Ahmed Shuja Pasha that he considers Ijaz an enemy of
Pakistan and ISI has hurt his credibility significantly. Meanwhile, Haqqani
submitted complete and unedited detailed itemized telephone bills for both
his Blackberry handsets for the whole year 2011. Lawyers say these records
prove his assertion that Ijaz was a peripheral acquaintance and not a friend.
Furthermore, Haqqani said he had engaged in good faith with Mr
Ijaz as part of his outreach to several people who were commenting in the
US media on the US raid to kill Osama bin Laden in Abbottabad on May 2,
2011. It is apparent to me that around May 9-12, Mr Ijaz created a trail of
text and blackberry messenger exchanges that he could line up alongside
contemporaneous telephone calls to falsely and maliciously implicate me in
his own scheme and specifically to create evidence that I was involved in a
memo that he drafted and gave to General James Jones for onward
transmission to Admiral Mullen.
The commission rejected Haqqanis plea stating that it was
unacceptable as the former envoy made fun of the commission by refusing
to appear before it. The commission had called Haqqani for recording his
statement, but Haqqani showed his inability to appear first citing security
reasons and then heart ailment for which he said he was getting treatment in
the US.
The commissions refusal to accept Husain Haqqanis application
seeking adjourning proceedings until the Supreme Court decides his
application about recording statement by video link has set the stage for a
189

legal-cum-political argument over and above the memo case. Sources say
Haqqani will stick to his request, based on security and health
considerations.
The issue of giving Haqqani the same treatment as to Mansoor Ijaz is
bound to gain prominence after PPP Chairperson Bilawals comments about
the superior judiciarys role in the execution of his grandfather Zulfikar Ali
Bhutto. The top PPP leadership wants to force the issue of equal treatment to
two witnesses in the same inquiry and before the same commission. The PPP
leadership has wasted no opportunity to claim that judiciary is predisposed
against the party.
Zulfikar Ali Bhutto murder case was reopened for the same reason
and party leaders have constantly tried to look like victims at the hands of
the establishment, including the superior judiciary. The memo commissions
inquiry itself is proceeding in a direction where little is being proved of the
original allegations made by Mansoor Ijaz.
Ijazs counsel Akram Shaikh, while cross-examining Jammu and
Kashmir Liberation Front (JKLF) Chairman Yasin Malik, confirmed from
him if he was an Indian national and held an Indian passport. Shaikh alleged
that Malik had met Indian intelligence agency The RAW officials for which
he had video records that he will produce before the commission whenever
asked. Malik, while rejecting the allegation said that he had never met any
official from any agencies and that he will undergo any penalty if proven
wrong. Commission adjourned hearing until Friday and directed authorities
of Foreign Office to provide full record of Husain Haqqanis correspondence
(as Pakistans Ambassador to US) with Ministry of Foreign Affairs.
Prime Minister Gilani said that if the US has evidence against Hafiz
Saeed, it should be provided to Pakistan. Responding to a point of order
raised by Leader of the Opposition, Gilani said it was an internal matter of
the country and the Foreign Office had already given the government's point
of view on it. He said another case was referred to the court in the past and
the judiciary acted independently. The Prime Minister added that that he had
taken up the issue with the visiting US delegation.
Chairman PCNS Raza Rabbani said that the recommendations were
being prepared on the basis of national interest and Pakistan would not
accept any foreign pressure in this regard. He welcomed the PML-N for rejoining the Committee after boycott and termed it a beauty of democracy. He
lauded the role of the leadership of all political parties and said they have

190

proved that they are united and think about national security more than the
party interests.
Fazlur Rehman said that JUI still stands on its stance that was the
permanent blockage of NATO supply. To a question, he said that after the
presentation of recommendations in the House, JUI would give its stance on
it. Meanwhile, Sardar Mahtab Abbasi said that Pakistan was facing immense
pressure regarding these recommendations and US should know that the
restoration of NATO supply was not an easy job.
The Foreign Office Thursday admitted that there were deep
differences between Pakistan and the United States over the question of
bringing Salala attackers to justice. He also acknowledged that Islamabad
and Washington were engaged in discussing various proposals, including a
framework agreement on future relations and areas of common interest, but
the government would follow the guidelines to be set out by the Parliament.
On 6th April, Hafiz Muhammad Saeed said, Pakistan should take a
firm stand on all issues of national importance and tell the Indians as wells
as Americans in unequivocal terms that it will not take any decision against
its national interest. While talking to Salim Bokhari for his current affairs
programme, Insight Hafiz Saeed said Pakistan was facing a difficult
situation at the moment and it was time that it should formulate a firm stance
keeping in view its national interests, adding that Pakistan was an atomic
power and should not adopt defensive posture on matters of its defence and
security.
He stressed the government to settle its affairs with the US in a
cautious manner because it was playing into Indians hands at the moment.
Hafiz said the announcement by the US regarding head money on him had
acted as a catalyst to unite the nation. He also thanked the government for
standing firm against Indian and US pressure to arrest and prosecute him.
In Lahore, the charged activists of member parties of Defence of
Pakistan Council (DPC) held a protest demonstration in front of press club
against the US bounty of $10 million on Hafiz Muhammad Saeed. DPC
leader Maulana Ameer Hamza while addressing the participants said that
bounty on Hafiz Saeed was a clear indication of the ugly Delhi-Washington
nexus against Pakistan. He warned Washington against any incursion inside
Pakistan for getting him and said that it would leave no option for the nation
but to wage decisive jihad against the US.
In Karachi, hundreds of Jamaatud Dawa (JuD) activists staged
demonstration in support of their leaders and expressed solidarity with them.
191

Enraged activists torched the US flags and chanted slogans Down with US
and India, America deserves one treatment: Al-Jihad, Al-Jihad and We
stand by Hafiz Saeed. Engineer Naveed Qamar claimed that Americas
announcement of bounty on JuD leaders is due to the pressure of India but
Americans have failed to present a single proof against the JuD leaders.
In Rawalpindi, Jamaat-ud-Dawa central leader, Maulana Muhammad
Abu Al-Salfi, urged the government not to act on the dictations of Americans
and work for the betterment of the country and for the religion Islam. Salfi
said this while addressing a protest demo staged by JuD under the banner of
Difa-e-Pakistan Council against USA.
Fazlur Rahman announced his decision to boycott meeting of the
PCNS and made it clear that his party would oppose restoration of NATO
supply line at every forum. He said that the PCNS was called to decide
policy of freedom and sovereignty of the country but all out efforts are
being made that the decision for restoration of NATO supply line be made
from Parliament. He also revealed that decision for restoration of NATO
supply line had already been taken.
Expressing its anger over Husain Haqqanis defying the Supreme
Court orders; the memogate commission gave him last chance to appear
before it. The Commission directed Foreign Office to contact the former
ambassador through its embassy in the US and ask the latter to appear before
the commission on April 12. Haqqanis Counsel should also convey him
commissions order through email.
The panel ordered Haqqani to appear before it with his Blackberry
sets and other documents. It proposed four options to bring Haqqani back to
Pakistan issuance of arrest warrants, registration of a criminal case, seizing
Haqqanis assets and initiating contempt of court proceedings against him.
Former ISI DG Shuja Pashas lawyer SM Zafar advised the commission to
summon Haqqani via the interior ministry though he agreed the commission
could send him final notification if needed.
New York based sources close to Haqqani told he will most likely
defy the commissions orders on grounds that he has still not been heard by
the Supreme Court where his application about giving evidence by video
link is still pending. Analysts say if the commission becomes aggressive and
issues warrants for Haqqani, it would be similar to that of Benazir Bhuttos
case who was subjected to a Red Warrant for non-appearance for hearing in
a case. This will help the PPPs political case that the courts are not
impartial, said one observer, adding, Haqqani will not be arrested by the
192

US government and he will be able to project himself as a victim like late


Benazir. The only issue now is whether the commission is justified in
insisting that Haqqani return to Pakistan and whether his refusal to come
convinces people about his supposed guilt.
As the commission resumed its proceedings, Foreign Office produced
the documents relating to correspondence between the Foreign Office in
Pakistan and the Pakistans embassy in United States during tenure of
Husain Haqqani as ambassador. The commission scrutinized the record and
stated that it makes the record part of proceedings. The Foreign Office
informed the panel that Haqqani visited London last year in May
unofficially, without notifying the embassy there, when he was heading
Pakistans diplomatic mission in Washington.
Ijaz lawyer Akram Sheikh demanded the commission to seek details
of the multi-million secret funds of Pakistan Consulate and its use by Husain
Haqqani. Haqqanis counsel Zahid Bukhari snubbed Sheikh and termed his
demand as unnecessary and irrelevant, however, the commission sought
details from April to December 2011 from the Foreign Office.
Meanwhile, Bukhari informed the commission that commissions
order seeking consent to waive privacy rights for accessing Blackberry data
has been sent to Husain Haqqani. The commission had directed Haqqani to
give his consent to Blackberry Company, Research in Motion (RIM),
regarding waiver of his privacy rights for retrieving data of his test messages
and produce a copy of the letter before the commission.
Next day, President Zardari rang up Jamiat Fazlur Rehman and
requested him to end the boycott of the PCNS proceedings. Though
President Zardari could not get affirmative nod from Fazl but sources
claimed that the ice had melted and Fazl partly agreed to join the crucial
meeting of the PCNS on April 9. Fazl said that JUI-F Shoora would take
decision relating to end boycott of the PCNS proceedings. Meanwhile the
Defence Minister said that the decision of the parliament would be
acceptable on the issue of NATO supply. He said if the PCNS imposes ban
on drone strikes it would be implemented strictly.
On 8th April, gunship attacked hideouts of militants in Orakzai,
killing 14 suspected militants. Ten suspected militants were injured in
the operations in two areas of the Orakzai tribal agency. Meanwhile,
four personnel of Tochi Scouts were injured in a roadside bomb blast
near Miranshah. No group claimed responsibility for the attack.

193

Talking to media in Lahore, Prime Minister Gilani rejected the


allegation that the government was responsible for Husain Haqqanis
absconding. He said his government had placed his name on ECL, but it was
Supreme Court that got it removed and allowed him to go abroad.
Speakers on the final day of the three-day congregation at vowed to
work for the defence of the country and stoppage of meddling in Pakistans
internal affairs by the foreign powers while criticizing the rulers who failed
to strengthen the countrys political system and economy. The congregation
was organized by Ashaat Al-Tuheed-wal-Sunnah Pakistan.
Gen (r) Hamid Gul, Maulana Tayyab, Maulana Fazlur Rehman Khalil
and Maulana Samiul Haq, Chairman of Difa-e-Pakistan Council addressed
the gathering. Samiul Haq said that the possible resumption of supplies to
the US-led NATO forces in Afghanistan would be blocked with full force.
He questioned as to why the Americas drone attacks continued unabated;
why our peaceful soldiers were martyred by the NATO forces; why
Americans interfere in Pakistans affairs.

Afghanistan
On 3rd April, six people including four Afghan policemen were
poisoned and shot dead at a post in the southern province of Helmand. The
deaths come days after a policeman in the eastern province of Paktika
poisoned and then shot dead nine of his colleagues. Police at the scene later
clashed with insurgents, leaving two militants dead. The Taliban said they
had killed 10 police in an attack on a post in the district.
Three policemen were killed and 11 went missing after an attack
launched by Taliban in northern province of Badakhshan. Taliban claimed
responsibility for the incident saying that they had launched an attack on a
police check point, killing 10 policemen and making captive 11 policemen.
Next day, a suicide bomber attacked foreign military forces in
northern Afghanistan, killing at least 12 people including three NATO
troops, two of them Americans. The Taliban claimed responsibility for the
attack on foreign troops filming interviews in a park in Maymana, the capital
of Faryab province. Video footage from the scene showed a number of
foreign troops lying immobile on the ground, while blood-soaked civilian
and military victims writhed in pain from wounds including severed limbs.
A former Taliban commander and two of his fighters were shot dead
by his own bodyguard in northern Afghanistan. They were all former
members of the Taliban but left the insurgency last year under a government
194

scheme offering militants money and jobs. The motive for the attack was not
clear, he said. It was not known if the killer had gone back to the Taliban.
On 5th April, a suicide attacker targeted a group of local police forces
in Keshm district of Badakhshan killing the commander of local police in
the district and one of his bodyguards; 18 civilians were wounded. Earlier,
Taliban gunmen killed eight local policemen in an attack on a remote post in
a district of Farah.
Next day, a suicide bomber assassinated an Afghan peace envoy,
Maulavi Mohammad Hashem Munib, a former mujahedeen commander,
along with his son in Kunar province. Munib was an influential figure in and
had drawn many insurgents to lay down arms and join the peace process.
Meanwhile, seven people were burnt to death in southern Afghanistan when
a fuel tanker supplying a NATO base crashed and set their vehicle on fire,
officials said.
On 8th April, Afghanistan and the United States signed a deal on
Special Forces operations in country putting Afghans in charge of
controversial night raids. Night operations by international Special Forces
against insurgent hideouts have triggered popular anger and been a factor
straining Washington and Kabuls relationship.
At a signature ceremony in Kabul, Afghan defence minister Abdul
Rahim Wardak said: The signing of this document is a fundamental step
towards Afghan national sovereignty. The US commander of NATO-led
forces described it as the second important milestone in less than 30 days
towards Afghan sovereignty, after an agreement transferring control of
detainees to Afghan authorities.
The deal is expected to pave the way for a strategic partnership pact
between Washington and Kabul governing the future of US forces beyond
2014, when the bulk of the 130,000 NATO-led troops are due to withdraw
from Afghanistan. Karzais spoke Sman Aimal Faizi told AFP that the
agreement went into effect immediately.
US officials hope a strategic partnership agreement governing
relations between Kabul and Washington after 2014 will be signed in time
for a NATO summit in May in Chicago. US military officers envisage a
follow-on force of around 15,000 personnel in Afghanistan, focusing on air
power, logistics, training, intelligence and counter-terrorism.

Iran

195

On 4th April, Iran approached Baghdad to host forthcoming talks with


six world powers over its disputed nuclear programme, apparently departing
from plans for an Istanbul meeting following Iranian frictions with Turkey.
Iranian media quoted Iranian foreign minister Ali Akbar Salehi as saying the
talks could take place in Baghdad or China. He gave no further details.
German Nobel literature laureate Gunter Grass touched off a firestorm
of protest with a poem accusing Israel of plotting Irans annihilation and
threatening world peace. The 84-year-old longtime leftist activist wrote in
What must be said that he worried Israel could wipe out the Iranian
people with a first strike due to the threat it sees in Tehrans disputed
nuclear programme. German Foreign Minister released a statement without
mentioning Grass by name in which he warned against making light of the
dangers of the Iranian nuclear programme.
Next day, several Iranian officials announced that Baghdad or Beijing
could hold the meeting due April 13 and 14, instead of Istanbul which was
initially proposed by Tehran. Turkey has, for the past two years, acted as an
intermediary between Iran and world powers on the nuclear issue. But its
position on Syria has been poisoning bilateral relations for several months
now. Iran's leaders seem particularly irked by an international Friends of
Syria conference held in Istanbul last week that supported regime change in
Damascus. Such was the criticism from Tehran that Ankara summoned the
Iranian ambassador to protest formally.
There are other reasons for the chill creeping over ties between the
neighbouring countries. Last week, Turkey's chief oil company announced it
was cutting Iranian oil imports by 20 percent, falling into line with Western
sanctions. Some Turkish banks have also started to distance themselves from
Iran, particularly when it comes to processing oil payment transactions.
Turkey, additionally, has since the beginning of the year tightened up visa
restrictions on visiting Iranians, notably tourists and students, several
corroborating sources said.
Further, several European diplomats in Tehran say, Iran remains
irritated by Turkey's agreement to install parts of a NATO anti-missile shield
on its territory. That system, aimed at defending Europe from Iranian
missiles, created a sharply-worded dispute last November between the two
countries. A similar anti-missile system the US is promoting for Iran's Gulf
neighbours has upped unease in Tehran.
On 6th April, President Obama told Iran the United States would
accept Tehran having a civilian nuclear programme if the Islamic state can
196

prove it is not seeking atomic weapons. Obama sent a message to Tehran via
Turkish Prime, who delivered it to Irans Supreme leader Ali Khamenei last
week, wrote columnist David Ignatius. However, Obama didnt specify
whether Iran would be allowed to enrich uranium domestically as part of
civilian programme the United States would endorse. That delicate issue
evidently would be left for the negotiations.
Next day, Iran told visiting former Japanese premier Yukio Hatoyama
that it will pursue its controversial nuclear programme despite restrictions,
and hopes upcoming talks with world powers will lead towards trust
building. Iran is pursuing its right to the peaceful use of nuclear energy and
will not ignore this right, Foreign Minister Ali Akbar Salehi said, adding
that for more than three decades with the aim of preserving its political
independence Iran has withstood problems and restrictions and...will
continue this path.

India
On 3rd April, Hafiz Saeed, the leader of a banned group, has demanded
proof after the US announced a $10m bounty on his head. In an exclusive
interview to Al Jazeera, Hafiz Saeed said the US move was prompted by the
fact that he had been organizing rallies against the reopening of supply lines
through Pakistan to NATO forces in Afghanistan.
Wendy Sherman, the US undersecretary of state, on a visit to India,
said a $3m bounty had also been announced for Abul Rehman Makki, the
brother-in-law of Hafiz Saeed. The bounties were posted on the US State
Department Rewards for Justice website late Monday, the US Embassy in
Islamabad said. Saeed is suspected of masterminding numerous terrorist
attacks, including the 2008 Mumbai attacks, which resulted in the deaths of
166 people, including six American citizens, the page said.
The Pakistani foreign ministry said it had no immediate comment to
make on the US announcement, while the government in New Delhi
welcomed the move, saying it reflected the commitment of India and the
United States to bring the perpetrators of the Mumbai attacks to justice.
Asserting that there was enough material to detain and interrogate Hafiz
Saeed and that Pakistan was not enough.
Next day, India joined the elite club of countries with a nuclearpowered submarine when it inducted a new vessel leased from Russia.
Indian Defence Minister AK Antony formally commissioned the INS Chakra
II at its base in Visakhapatnam. India is particularly keen to strengthen its

197

maritime capabilities, given Chinas pursuit of a powerful blue water navy


which Delhi sees as a threat to key shipping routes in the Indian Ocean and
Indian energy assets in the South China Sea.
On 5th April, the joint sitting of the Parliament witnessed serious
concern from Opposition benches over President Zardaris visit to India and
bounty on Hafiz Saeed by US as they demanded assurance from Treasury
Benches that Ajmer Sharif visit of President has nothing to do with peace
talks. The matters of visit and bounty were initiated by Chaudhry Nisar was
supported by Fazlur Rahman, whereas the Treasury pleaded that Zardaris
visit to India should be seen in the right context as it is only a personal visit.
He said that PML-N is in the favour of good relations with India,
however, it should be two-way traffic. He said that Pakistani Prime Minister
and President visit India but Indians are even not sending their cricket and
hockey teams to Pakistan. He said that self respect should not be
compromised at any cost. Zardari Sahab is not an ordinary person as he is
the Head of State so the purpose of the visit should be shared with
Parliament. The entourage of 40 members of Parliament visiting with him is
beyond comprehension, he added.
Talking about Hafiz Saeeds issue, he was of the view that the national
security committee of the Parliament must take notice of it. Head money on
Hafiz Saeed is not more than a joke. Why they are making joke of the
country by targeting a citizen of Pakistan against which no case is registered
in US, he added. Fazlur Rahman expressed similar views.
About Presidents visit to India, the Prime Minister assured the House
the rules of business would be followed in this regard. On the meeting of
President Zardari with Indian PM, Gilani said the Parliament would be
briefed on the matter. Gilani said Pakistan was already discussing all major
issues, including Kashmir, with India.
Answering a question about issues to be discussed by President and
Indian Prime Minister during a one-day visit to India on April 8, the
spokesman of Foreign Office said Pakistan was looking forward to
meaningful engagements with India to promote peace and security in the
region. Basit said President Zardari would discuss all the issues with the
Indian prime minister to promote intra-regional peace and prosperity.
Answering another question relating to induction of nuclear submarine into
Indian Navy and its impact on balance of power in the region, the
spokesman said Pakistan would maintain a credible level of deterrence and
defence.
198

He further said Pakistan could not act against Jamaatud Dawa (JuD)
chief Hafiz Saeed due to the lack of evidence and the US had been informed
of this stance on the issue. He also said that Pakistan was not under any
pressure to act against Saeed. Pakistan will not accept any US pressure on
the issue. Pakistan and the US are democratic countries and such issues
should be advanced through a legal procedure, said Basit.
US State Department deputy spokesman Mark Toner said that US
announcement of bounty on Hafiz Saeed doesnt mean to disturb the visit of
President Zardari to Ajmer (India). Toner said that US was not playing any
strategic game against Pakistan. Hafiz Saeed was involved in terrorist
attacks on India and Afghanistan, he said, adding he was also involved in
Mumbai attacks. He said that US was in contact with India regarding
Saeeds case, adding that US wanted that justice should prevail in his case.
Toner further sought to clarify that the reward for Saeed was not
meant for his capture as it is no longer a secret that he lives freely in
Pakistan, but for information that would allow his prosecution in a court in
the United States or elsewhere. We all know where he is you know, every
journalist in Pakistan and in the region knows how to find him but were
looking for information that can be usable to convict him in a court of law,
Toner said. He also denied that Washington was making fresh demands to
Pakistan, which is said to be reviewing and resetting bilateral relations with
Washington after months of crisis between the two nations.
Shiv Sena chief Bal Thackeray took a dig at the Pakistani President,
wondering how could the prayers of those who have an evil eye on India
could be answered. Thackeray sought to remind Zardari, who is at the centre
of a tense stand-off between the government and the judiciary over
corruption charges, that his predecessor General Parvez lost power after a
visit to the Sufi shrine.
Thackeray said the purpose of Zardaris visit was not to improve
relations between the two countries or to take steps to stop Pakistansponsored terrorism on Indian soil. Zardari is facing corruption charges and
prospects of imprisonment after he is forced to step down from office. There
is severe anti-Zardari sentiment among the people of Pakistan, Thackeray
said and advised him to think twice before setting foot in Delhi.
The Supreme Court, while setting aside office objections, accepted a
petition filed by Watan Party against governments controversial deal to
purchase electricity from India. A two-member bench of the apex court
heard the petitioners counsel, who asked the court to stop the Federal
199

government from importing 5,000 mw of electricity from India. The petition


stated that it would be a shameful deal that Pakistan was going to purchase
electricity, which India had produced from stolen water by constructing
illegal dams.
Next day, Hafiz Saeed, on granting of MFN status to India, said it was
an attempt to cripple the countrys defence, economy and agriculture sector.
It is irony of fate that India was trying to sell cheap electricity to Pakistan
which has been generated by stopping Pakistans waters. He opined that
Pakistan would lose its case in the international court of arbitration about
illegal construction of dams on rivers emanating from Kashmir after
purchasing electricity from India.
He was of the view that the issue of trade with India should not be
seen in isolation of countrys defence, which, he believed was at stake as a
result of opening of trade with India. Hafiz said an attempt was being made
to make Pakistan a market for Indian goods at the cost of Pakistans industry
and agriculture which would ultimately weaken its defence vis-a-vis India.
If we are in a state of war, it is not fought with weapons alone. Trade and
economy is also used as a weapon to defeat the enemy country, he warned
the government. The Dawa leader also opposed giving transit facility to
India to trade with Afghanistan, saying Pakistan was not formed to facilitate
Indian trade with other countries.
On 7th April, President Zardari said that the issue of Hafiz Saeeds
arrest would not be the focus of talks during his meeting with Indian Prime
Minister. Zardari will attend a luncheon being hosted in his honour by
Manmohan Singh in New Delhi and before the lunch, the two leaders will
meet without customary note-takers in the room.
The Indian media is describing the visit as Shrine diplomacy.
According to diplomatic sources, important issues between the two
countries, including Jammu Kashmir, Siachen, Sir Creek, visa liberalization,
trade, water as well as regional situation, could be discussed at the luncheon
meeting, which will pave the way for further enhancing and promoting
bilateral relations. Some diplomats feared the whole exercise could go futile
and could in fact backfire if India insisted on focusing prosecution of
Jamatud Dawa chief Hafiz Saeed.
While there is still a fair degree of confusion over whether or not
Indian Home Minister P Chidambaram will participate in the Sunday event,
Indian government sources confirmed that Foreign Minister S M Krishna
will attend the lunch as well as the meeting between the two delegations. As
200

of now, Krishna is the only certainty. Pakistani Foreign Minister Hina


Rabbani Khar may also come has led to suggestions that there may be a
more substantive agenda. Krishna, in fact, dropped a hint when he said that
the PM may touch upon some bilateral issues in his meeting with Zardari.
Foreign Office spokesman said that Zardari will reiterate the invitation
to the Indian prime minister to visit Pakistan by the end of this year. Singh
has accepted the invitation earlier but has made it clear that he would
undertake the visit only if there is likelihood of a substantive outcome. He
had reiterated this on his way back from the Nuclear Security Summit in
Seoul last month.
Meanwhile, shops and businesses were shut in Indian-occupied
Kashmir during a strike to protest the US prison sentence given to Syed
Ghulam Nabi Fai accused of working for Pakistans spy agency to influence
Washington policymakers. The strike was called by a top Kashmiri leader
Syed Ali Shah.
Next day, President Zardari met Indian Prime Minister at the latter's
official residence in New Delhi. This was Zardaris first visit to India as
President and he was the first Pakistani head of state to visit India in seven
years after the visit of President Pervez Musharraf in 2005.
The meeting was termed as fruitful by both leaders. Manmohan said
he had a very friendly and constructive dialogue on all bilateral issues
adding that he is very satisfied with Zardari's visit. Singh said that President
Zardari had invited him to Pakistan and he would be very happy to visit at a
convenient time.
According to Chinese media reports, Beijing welcomed President
Zardari's visit to India saying better ties between the two nuclear- armed
heavyweight neighbors will bring about regional stability. Beijing closely
watched the visit because it has implications on its own interests involving
terrorism and the Siachen glacier that touches Karakoram Highway. The
State-run Xinhua news agency issued a candid analysis explaining how
better ties between India and Pakistan would serve China's interest.
China last week dropped its support for Pakistan's anti-terrorism
efforts. It said six terrorists operating in western China have been trained in
a South Asian country without specifically naming Pakistan. The move
leaves Pakistan in a vulnerable situation because it was counting on Chinese
support after its recent troubled with the US on the issue of terrorism.

201

Gilani said that trade sphere would be enlarged to include Afghanistan


and Iran as well by giving transit facility to India. China will also become an
active trade partner with these countries, he said, adding that enhanced trade
activity among the regional countries would help promote stability and
peace in the region through amicable resolution of contentious issues.
On Pakistans disputes with India, the PM said that presidents visit to
India was part of track-II diplomacy to normalize the relations. He said all
political parties including the PML-N were in favour of establishing good
relations with India. On MFN status to India, the Premier said that the trade
relations were in the interest of people of both the countries.
When asked if military establishment was also on board over this
fresh thaw of ice between the two states, he dodged the question by saying
they should be supportive of the government initiatives in this regard.
About any breakthrough in talks with India on Kashmir as well as water
issue during the present governments tenure, Gilani said the government
was optimistic about it.
On the issue of Hafiz Muhammad Saeed, Gilani said that US had been
told in clear terms that it was Pakistans internal matter, and rather than
announcing head money, it should have talked to us directly with evidence
to establish its claim of Hafiz involvement in terrorist activities. The
premier made it clear that Pakistan will accept only that evidence which is
sustainable in the court of law. Gilani informed media men that interior
secretaries of India and Pakistan were scheduled to meet on April 16 to
discuss security issues including that of Hafiz Saeed. He said the matter
would be resolved through secretary level talks.
To a question about purchase of electricity from India, he clarified that
Pakistan was having negotiations with the neighbouring country to purchase
only 500MW electricity and not 5,000MW as reported in the media. It
would come from Indian Punjab if the talks succeed.
The religious head of the Ajmer Dargah announced to boycott
President Zardaris visit to the shrine to protest the move of district
authorities not allowing him to go inside the shrine on arrival of the visiting
delegation there. Terming it a violation of traditional customs, Dewan
Syedzainul Abedin Ali, the Sajjadanashin of the Dargah, said earlier he had
been giving company to all the VVIP guests who arrived to pay respect to
the Sufi saint and authorities had no right to stop him.
Babar Awan, who is currently experiencing total isolation from the
main scenes, during President Zardaris visit to India, had tried to meet him
202

but the security staff frustrated all his moves. Babar Awan who was
scheduled to attend a lawyers conference, had reached New Delhi prior to
Zardaris visit. Sources informed that Zardari came to know about Babars
arrival after which he passed strict orders to his security contingent neither
to let him meet his delegation nor approach him in Ajmer. The President had
also instructed that he should not be allowed to attend PPPs meeting on
April 4.
The Jamaat-e-Islami warned President Zardari against giving any
assurance to India on the Kashmir issue or on Hafiz Saeed. Syed Munawar
Hasan said Zardari had gone to India with a five-point agenda that included
declaring the Held Kashmir an independent state and placing it under the
UN control. Later, he added, the Valley would be given a fully independent
status. Hassan said that President Zardari was visiting India under the US
pressure and was expected to discuss most sensitive issues concerning the
national sovereignty and solidarity.

VIEWS
Pakistan
Mending a troubled relationship: Ideally, the current review of our
relations with the US must reset them at a level which is sustainable and
must lead to an arrangement which is mutually beneficial keeping in view
the strategic, security and economic interests of the two countries. We must
be conscious of both the potential and the limitations of Pakistan-US
relations. While there is a great deal of convergence of the interests of
Pakistan and the US, there is also divergence in matters relating to China,
Iran, Palestine, India and Afghanistan, just to name a few. Therefore, both
sides have to be realistic in their expectations from each other.
We cannot and should not expect the US to solve all our economic and
security problems. This is a job that we have to do ourselves through our
own efforts primarily. External help, at best, can play only a marginal role in
this regard. Secondly, the nature of our relationship should be such as
safeguards our sovereignty, security and economic well being. Such a
dignified relationship with the US is possible only if, instead of relying on it
for all our economic and security needs, we pursue a policy of self-reliance
internally and diversify our relations with other countries in the external
field.

203

Until we learn to live within our resources, the US and others will
continue to exploit us for their own ends. The question is: Whether our
nation as a whole, particularly our civil and military leadership, has the
courage and sense of honour to live within our resources? Those who claim
that this is not practical need to learn a lesson or two from the Chinese
experience of the past three decades. (Javid Husain, TheNation 3rd April)
Having all said, Pakistan seems to have adopted a pragmatic policy
that Parliament would decide about the future of Pak-US relations, and
national interest would be safeguarded. The Parliamentary Committee in its
recommendations covered many points, but it ought to have mentioned
Pakistan armys response in case the US/Nato forces trample our sovereignty
again. Certainly, Salalah is not going to be the first and last naked aggression
on a Pakistani military post. (Mohammad Jamil, TheNation 3rd April)
US wants limited war: Provoking a limited war with Pakistan suits
Gen Allens forces and the CIAs special teams in Afghanistan. They are
locked in a battle of wits with Obamas White House over military budget
reductions and withdrawal from Afghanistan. The Pentagon and the CIA
loathe the reductions and the withdrawal. A limited armed conflict with
Pakistan would worsen the situation just enough to keep the budget dollars
coming and the boots intact on the ground in Afghanistan. All while pointing
to Pakistan for Afghan failures.
This is the environment in which our Parliament is reviewing ties with
the US. Sadly, some pro-US Pakistani voices are counseling our government
and military to accept US terms for reengagement. One example of these
terms is the fascinating logic President Obama used in Seoul, offering the
theory that Pakistani sovereignty is fine as long as it did not stand in the way
of US national security.
The Pakistani government and military need to step forward and
delegitimize the premise that says Americas security faces a threat from
Pakistan. This American theory is based on US assessments of al-Qaedas
presence on the Afghan border regions. The American assessment is
exaggerated and self-serving. It is calculated to justify a long term American
meddling in Afghanistan and Pakistan. We need to bring forward the actual
situation where al-Qaeda has been decimated for all practical purposes.
Also, there are no terrorists being exported from the Afghan-Pakistan
border region to America. In fact, all recent real or imagined terror plots in
the US and Europe have involved US or EU citizens breaching American
and European security measures to travel and allegedly train with terrorists
204

on the Afghan-Pakistan border. Their countries should bear responsibility for


allowing these American and European citizens to use western ports of entry
and exit and travel through US-controlled Afghanistan to liaise with
terrorists.
Reopening US militarys supply line through Pakistan would have
been fine if it did not mean feeding those who are determined to work
against Pakistani interests while claiming to be our allies.
If we go along with the US strategy, then we should accept a hostile
Afghanistan, accept India as a regional hegemon, and accept the scaling
down of our military and intelligence capabilities. This may or may not be
the American agenda for Pakistan but it is the crux of what Washington is
doing in our neighborhood.
If the US military cant guarantee it wont violate Pakistani
sovereignty, should we help transport the weapons it intends to use for future
violations? The scare scenarios about a confrontation with the US if we
stand up for our interests are exaggerated. Lets have good relations with the
US without appeasement. (Ahmed Quraishi, The News, 4th April)
Headmoney on Hafiz Saeed: The US has announced a $10 million
reward for information leading to the capture of Hafiz Saeed, who is alleged
to have orchestrated the 2008 Mumbai attacks. The religious charity
Jamaatud Dawa (JuD), widely perceived as a front for the banned Lashkar-eTaiba (LeT), lists Saeed as its founder and leader. In recent months, Saeed
has emerged as one of the most high-profile members of the Defence of
Pakistan Council that draws together different religio-political parties and
conservative politicians and has held major public rallies in Pakistan since
January this year. The announcement of the bounty has unsurprisingly given
rise to much jubilation in India while the Pakistani government has so far
refrained from commenting. The Indian statement that they would not have a
meaningful dialogue with Pakistan until Hafiz Saeed is given to them also
throws some cold water on the upcoming visit of President Zardari to New
Delhi.
The US Rewards for Justice Programme is specifically aimed to track
militants on the run, but Saeeds case is unique in that he moves about freely
in Pakistan. In December 2008, the UN Security Council had added JuD and
four of its leaders, including Saeed, to the list of entities and organisations
known to support Al-Qaeda and the Taliban. The UN declaration came the
same day that Pakistani officials said they would act against the JuD if the
UN moved against it. The UN action requires nations to freeze the groups
205

assets, prevent the supply of weapons, technology and other aid and ban its
leaders from travelling. Yet, Saeed has been active in anti-US rallies of the
DPC and only last month, attended a demonstration against possible
restoration of NATO supply routes outside parliament. For this, only the
Pakistan government is answerable.
However, it is also important to question the timing of the bounty
announcement. For one, India has for long claimed that Saeed and the LeT
havent received sufficient attention from the US which is more interested in
terror groups targeting NATO forces in Afghanistan. The offer of a reward
may at one level be the US way of placating India. More importantly, the
move to announce the bounty is also an indication of just how badly
relations between the US and Pakistan have deteriorated in recent days.
Experts have called it the name-and-shame tactic to exert pressure on
Pakistan. The DPC rallies, characterized by virulent anti-American speeches,
have alarmed Western diplomats and led to public commentary about
whether the group enjoys tacit support from the security establishment,
possibly as a way to pressure the US. Is the US hitting back now with the
bounty announcement? Does it want the ISI back in the box? The reward
certainly does mark a shift in the long-standing US calculation that going
after the leadership of certain organizations might cause too much friction
with the Pakistani government. Whatever may be the case, it is certainly
time for Pakistan to put its own house in order and for the Pakistan
government to make good on its promises to the world, and to itself, by
checking militancy effectively. (Editorial, The News 5th April)
Alarm bell from Pakistan: The diminishing breed of Americas
friends in Pakistan, a nuclear power of 180 million people are urging the
Obama Administration to fully engage Islamabad in the quest for a final
settlement of the Afghan war with or without Taliban and Afghan President
Hamid Karzai. Without Pakistans real as opposed to lip service support,
the future will remain obscured by extremist forces working against any
kind of relationship between Pakistan and Afghanistan.
The United States is convinced militant extremists jeopardize the
stability of a nuclear Pakistan, thus posing a direct threat to the United
States and its allies. But an overwhelming majority of Pakistanis say the
United States is against their countrys nuclear program, a bias shared with
India and Israel. It is imperative, therefore, for the United States to make
clear that one critically important reason to settle the Afghan war is to save a
nuclear Pakistan.

206

Americas long-term relationship with Pakistan is only sustainable if


Islamabad takes draconian action against all terrorist organizations that
operate on its territory. And unless Pakistan does that, the United States will
continue to kill the terrorists that endanger US and NATO interests from its
territory. Clearly, this is also critically important to avert the kind of chaos
that would jeopardize the safety of Pakistans nuclear weapons.
These objectives are best achieved through a strategic partnership
with a stable Pakistan. But the challenge of fighting terrorist networks is
compounded by the fact that Pakistan draws distinctions between friendly
and hostile groups of killers. Pakistan also faces enormous new stresses on
the state and its body politic. Five key reasons to continue the US-Pakistan
marriage of convenience:
Pakistan needs US aid to support its fragile economy, which has been
on the verge of collapse due to the war on terror, costing so far $68
billion. Islamabad cannot afford tense relations with the United States.
Pakistan is utterly dependent on US technology and spare parts.
The future paradigm is not another Indonesia or Malaysia. It is the
Islamic Republic of Iran.
The United States needs Pakistani supply routes to win the Afghan
war. More than 40 per cent of NATOs Afghan supplies pass through
Pakistan. Islamabad mistakenly believes that to secure its strategic
interests, the United States cannot afford to see the two Pakistan
routes closed permanently. In reality, much of the slack has been taken
up by Russia.
The United States cannot afford to see Pakistan crumbling, as this
would give Taliban and its terrorist network a chance to seize control
of some of Pakistans nukes.
In Afghanistan, the United States seeks to prevent the country from
becoming a permanent terrorist base. A return to civil war there, as it
experienced before Mullah Omar and his guerrillas fought their way to
power in Kabul in 1996, would destabilise the entire region.
Afghanistan faces the twin challenges of endemic corruption and
weak, dysfunctional governance. Advice to the United States for Pakistan:
To further improve Pak-US relations, Washington should increase
assistance with a view to helping the government curb militants
decisively.
207

To strengthen US-Pak ties and play a key role in Pakistans economic


stability, the Obama administration needs to be creative and offer free
trade, civilian nuclear deals, coupled with congressional endorsement
of an agreement that would grant preferential market access to
Pakistan products.
As a closer partnership with Islamabad develops, the United States
still needs to seek Pakistani strategic control over militancy, which
many experts in Washington say is a Pakistani foreign policy tool.
US partnership and assistance depend on action against the Pakistanbased terror nexus.
Advice to the United States for Afghanistan Any idea of the United
States and Pakistan breaking off ties is absurd. It is important to note that
China and Russia have backed Pakistan in its recent disputes with the United
States. But there is really no credible alternative to the United States,
provided of course, those new terms of engagement leave no doubt or
ambiguity. Without Pakistani approval and cooperation, air raids or any
ground operation from the US/NATO forces inside Pakistan would inflict
huge collateral damage.
Recent deadly clashes between Pakistani security forces and militants
of Lashkar-e-Islam in the most strategically located part of Pakistans tribal
areas, the Khyber Agency, are a potential nightmare. This agency is a 10minute drive from Peshawar. And NATO supplies if and when that route
reopens will remain heavily dependent upon total Pak control of the
Khyber Agency.
Last week, US Central Command commander US Marines Corps Gen
James Mattis and Afghan NATO theatre commander US Marines Corps Gen
John Allen met in Rawalpindi It was a major step forward. But the US
Congress remains the key player. And only a handful understands the need
to resume aid in return for opening supply lines from Pakistan to
Afghanistan. (Ammar Turabi, TheNation 6th April)
Duplicity on US drones: The real stickler is not on ground but flying
stealthily hundreds of meters above.
Talk to the Americans and they have no plans to ease off the drone
programme. On the other hand, the Pakistanis dont have much of an option
but to stick to their sovereignty mantra. So shall the Twains ever meet? A
middle ground could come in the shape of some semblance of shared control
over the drone programme and a perception of mutually decided targets.
208

Considering its own bevy of political hawks back home, it would not be an
easy give for the US administration either but as matters stand today, nothing
less will do. For the reengagement process to start and eventually gain
traction, how the drones fly and play would have to appear a joint USPakistan operation.
The filibustering must stop. Parliament must finalize its
recommendations regardless of whether they offer an olive branch to
Washington or put preposterous sounding conditions on the table. A new
reengagement paradigm must be defined and this state of limbo ended.
(Mohammad Malick, The News 6th April)
About the most emotive issue and the one generating the most
confusion is that of drone attacks. In no way can we give our assent to them
but it doesnt make sense to link drone attacks to the resumption of NATO
supplies because that would be a non-starter. It just wouldnt get off the
ground.
We must look at this issue with some attempt at dispassionateness.
Drone attacks for the most part have occurred in areas which are not really
in our control. How is our sovereignty affected if such attacks occur in
Tehrik-e-Taliban-dominated Waziristan or other parts of Fata?
These are areas our soldiers cant enter, areas in which our soldiers are
getting killed. Will some constitutional expert kindly explain how such areas
can become the basis of a theory of wounded or violated sovereignty? (Ayaz
Amir, The News 6th April)
The recommendations: In fact, the contact between the US and
Pakistani establishment did not break for a single day. Pakistan cooperated
in the Qatar dialogue. The core group of Afghanistan, Pakistan and the US
also regrouped. As a result of the dialogue between intelligence agencies the
reopening of NATO supply routes were conditionally agreed upon so it was
accommodated in the recommendations in the same fashion.
But now the double standards of the political parties are the main
hurdle in the approval of these recommendations. On the other side, the
government could not accommodate opposition public posture, as this will
mar any possibility of a normalization process with the US and NATO. The
establishment is also in a real fix. It could not afford cold relations with the
US but now it also could not bypass parliament.
In fact, in this matter our policymakers failed to understand some
plain facts. First and foremost is the reality that two issues that are
209

considered a matter of life and death are no more real issues for the US. All
sophisticated weapons that the US and NATO need in Afghanistan they have
sent it in the past years. With the closure of the supply route all that NATO
and the US forces have to face was just shortage of oil, food items and
mineral water.
Second, the drones are a failure. They did not succeed in targeting a
high-value Afghan individual. In private, US personnel keep repeating in
private that drone attacks are more in favour of Pakistan than the US.
If Pakistan remains inactive, it will fail to achieve its goals. In present
conditions to get away from non-issues and to focus on the real interests of
Pakistan, we have to get rid of this paradox. And this is possible if
parliament frames broader policy guidelines over foreign policy, especially
the part related with Pakistan-US relations. Administrative details and
decisions like stoppage or reopening of supply routes should be left to
governmental decision-making. The government should decide over the
matter in terms of the ground realties and diplomatic intricacies. In
democratic countries the military does not dictate policy moves. (Saleem
Safi, The News 6th April)
Only lesser of the two evils: In a move that would shock a great
many people, the PML-N has given an inclination that it can agree to the
restoration of NATO supplies subject to the condition that drone attacks
should be stopped first. The other day Senator Ishaq Dar also talked about
five concessions in return for restoration of NATO supplies. These are; an
end to the drone attacks, an end to hot pursuit, respecting the countrys
airspace, punishment for Salalah attack perpetrators and grant of civil
nuclear technology to Pakistan.
For one thing, this seems like a tall order, given the US past record.
However, of immediate concern is the PML-Ns U-turn. It appears it has
forgotten its promise that there would be no compromise on NATO supplies.
Back then, for the party, the drone attacks and the goods embargo were two
separate issues but at the same time both were seen as evils that had to be
simultaneously dispended. It was in defence of this very approach that the
party had to boycott Parliamentary Committee on National Securitys
sessions. One wonders what is stopping the PML-N from sticking to its guns
while also demanding an end to drone strikes. And what about the ongoing
wave of anti-Americanism simmering across the country? Linking one with
the other when both the choices are completely unacceptable to the masses is
a shortcut and the PML N's u-turn will serve to further confuse. What is
210

further strange is to hear that the PML-N has agreed to this formula after a
telephone call by Prime Minister Gilani. This is a far cry from the state of
commitment that the PML-N boasted of and gives weight to the view that
the parties are all on one page and only wreak emotional havoc with wildly
swinging stances on key issues, to keep people guessing, while trying to
extract their sympathies.
Under the circumstances, when the US is bogged down in
Afghanistan, Pakistan should deal with it from a position of strength. During
the decade of war on terror, there is virtually nothing short of an open war
that the US has not resorted to. Starting from the drone attacks, to directly
attacking our military check posts, suspending aid and concurrently egging
India on in its bid to destabilize the country. It is now time to at least to point
to the fact that our national interest should come first to those of the
Americans. It is also the opportunity to take out the element of subservience
and inequality from the Pak-US equation. The PML-N needs to announce a
strategy and then stick to it, instead of flip-flopping indecisively after
promising to take a certain stand. Better if, to begin with, it would take a
stand based on a long-term view, instead of a knee-jerk reaction, if it feels it
may have to withdraw from it. (Editorial, TheNation 7th April)

India
Education Muslims in India: I had conducted a series of
interviews with 20 Muslim families residing in Zakir Nagar, New Delhi, on
the question of what shaped their schooling choices for their childrentheir
narratives echoed the contesting dilemmas many faced on account of being
Muslim; dilemmas which illustrate the manner in which the increasing
communalization of social space subtly limits choices or renders them nonexistent in something as fundamental as education.
We want schools that do not discriminate against our children. This
statement highlights the increasing sense of helplessness and exasperation
parents feel at the difficulty their children face in gaining admission to
private schools. Many talked about their feeling that private schools have
some sort of a prefixed quota of just this much and no more Muslims;
some parents cited Many talked about consciously opting for Christian
schools rather than the Hinduized regular public schools, as, at some level,
Christian schools are good and respect minority sentiments.
Parents shared experiences of their children being unnecessarily
picked on, classified in front of their peers and harassed by teachers. In
many of the interviews, parents repeatedly made references to derogatory
211

comments made by teachers on the eating and dressing habits (headscarf or


extra-long skirts) of Muslim children. This was corroborated by the
children Many of them talked about how they did not like being singled
out (on account of their religion) Nobody in school wants to play hideand-seek with me. Everyone says Muslims cannot be trusted with secrets.
Parents described themselves as being very conscious, mindful and
careful about the choices they were making vis--vis their childrens
education Many parents mentioned how in their families, family values
included orienting their children towards religion and conformity with a
certain moral discipline. These situations often put the parents in an
awkward position limiting their options to Muslim managed schools which
respected their culture but did not provide the secular grounding required for
the children not to feel alienated in the future.
Many parents expressed the difficulties they faced in choosing
appropriate schools for their girls While these daily struggles are in no
way representative of the Muslim experience of education, they do highlight
the bad nature of the problem. On one side the policy discourse refers to
educational backwardness as one of the main causes for real and/or
perceived alienation of Muslims and acknowledges inclusive education as a
panacea; on the other, these real life situations demonstrate the everyday
issues Muslims face in accessing these very opportunities, leading to further
isolation, exclusion and excessive reliance on Muslim managed services and
networks. (Excerpts from a study by Hem Borker published by The Hindu
and republished in TheNation 6th April)
Upholding principles and national interests: Is it politic on the part
of Mr Zardari to go to India at this juncture? For years, Prime Minister
Manmohan Singh has been refusing to come to Pakistan. Yes, there have
been numerous trade and cultural delegations to secure trade deals and
getting the visa regime softened. This is a good time for India to make the
best of the bargain because of Pakistans various vulnerabilities. Power
outages and industry shut down has pushed the economy to a low ebb. Many
vested interest groups in Pakistan are willing to be persuaded to open the
country to Indian goods and services. Culturally, India has already made
extensive inroads into the minds and hearts of our youth. Our TV channels
non-stop provide space and time to the Indian stars, heroes and heroines,
little realising the inferiority complex such projections generate in Pakistan.
It is interesting to listen to the Indian peaceniks making sweet noises
about our common history and culture. Interestingly enough, while the New
212

Delhi government never tires of condemning Pakistanis for the Mumbai


attacks, one hardly finds even a mention about the Samjhauta Express
carnage. Our government, too, remains silent and sheepish about it. The
Indian visitors say very little about the black repressive laws in occupied
Kashmir and the massive militarization of the valley and the surrounding
areas. Nor do our Aman Ki Asha jihadis ever talk about the state terrorism
or pin the India army and police to the mass graves now and then discovered
in various parts of occupied Kashmir. Seldom do the well meaning
messengers of goodwill emphasize the need for an early settlement of
disputes relating to Siachin and Sir Creek.
The fact of the matter is that a burgeoning economy and an ascendant
regional power, wanting to gain access through the land routes to
Afghanistan and Central Asia, is bent upon making the most of a tainted and
US subservient government without yielding any substantial concessions.
Mr Zardaris brainwave to suddenly undertake a flying visit to India
could after all be an integral part of a Indo-US plan to prepare the ground for
Islamabads yielding to New Delhis designs and demands. (Inayatullah,
TheNation 7th April)
Our response to the ICID challenge: The Indian organization,
International Commission for Irrigation and Drainage (ICID), established
itself in 1950 and placed itself in a position of great influence with
multilateral institutions and government agencies worldwide. Indeed, the
ICID is a dangerous weapon. So, Mr Kamal Majidullah, beware.
The ICID has the tools to analyze the hydrologic cycle of the Indus
Basin. In contrast, PCIW has constantly stated that it has no data on the
inflows in the IHK rivers and streams. The question, however, remains: If
the watershed in Kashmir is not understood, how does Pakistan expect to
neutralize the Indian strategy? Secondly, every Indian move leading to the
attrition of water flows into Pakistan is blamed on global warming. Yes,
glacier retreat is going on everywhere, but this for the interim means more
water in the rivers! This is just the rationale for the Northern River Linking
Project of India; a |$212 billion project launched in 2006 based on the
famous Prabhu report of 1999. It is the largest single irrigation project in the
world. Hence, the proposed CIBSA becomes imperative. Let it (CIBSA)
help us understand global warming and glacier retreat. Where is the
expected increase in the inflow of Jhelum and Chenab? Nearly 40MAF
additionally for the next 30 to 40 years were estimated. The Indians do not
disclose this mystery; they showed their intention to install +28,000MW of
213

hydel capability in IHK. The perceived water diversion surely needs to be


analyzed.
As a result of our Closed Door talks in New Delhi during the end of
July 2010, the Indians agreed to a joint watershed study in IHK. But how do
we implement it, if there is no organization in Pakistan to provide the
expertise? We need a motivated team that can deal with all the techno-legal
issues related to the IWT of 1960, especially to neutralize Indias violations
and transgressions. The ridiculous decision made by the neutral expert on
Baglihar I is a contradiction of the basic spirit of the IWT. If the low level
gates are permitted below the dead level under the pretext of silt excluder,
then who will ensure that they are not misused; it is a dangerous precedent
that cannot be accepted! There is no monitoring of the IHK hydro sites,
which are no-go areas for outsiders. Can three bureaucrats or technocrats
sitting in the PCIW Secretariat take on thousands in the ICID? The creation
of CIBSA is, therefore, overdue by at least 52 years that is the age of the
IWT. Let our engineers, scientists and technicians come forward to serve the
CIBSA! (Suleman N Khan, TheNation 7th April)
Indias enemy No 1: He is a declared Indias enemy No 1. The
Lashkar-e-Taiba and the Jamaatul Daawa were designated as terrorist groups
by the United Nations after the 2008 Mumbai attacks. But Pakistans
promise to contain the activities of the organization has simply failed to
curtail the LeT, rather the groups activities have intensified since then, from
the platform of Difa-e-Pakistan Council (DPC), yet another dummy alliance
of religious parties aligned with the jihadi non-state actors.
The DPC, an umbrella of around 40 banned jihadi outfits and religious
groups, was unleashed by the countrys security establishment because of its
fraught relationship with the US after the November 26, 2011 killing of 24
army soldiers in a NATO air strike targeting the Salala check post on the
Pak-Afghan border. Besides opposing a possible resumption of the NATO
supply route, the DPC has been holding countrywide public rallies, with
Saeed announcing that force will be used to spread Islamic ideology in the
country by suppressing anti-Islamic, secular and liberal elements.
The drastic US action against Hafiz Mohammad Saeed comes amidst
repeated demands by senior American government officials to contain the
unchecked activities of the JuD ameer and his group which they believe is
taking inspiration from al-Qaeda. Dreaded for its guerrilla operations in
Jammu and Kashmir, the LeT/JuD has already been accused by the
American Federal Bureau of Investigation of involvement in imparting
214

commando training to its recruits at its training camps located inside


Pakistan, amidst international media reports that the focus of the jihadi
organization has expanded beyond India that it is evolving as a global
exporter of Islamic terrorism. (Amir Mir, The News on Sunday 8th April)
Presidents Indian visit: President Asif Ali Zardari will go to India
today, and return the same day While there would be many things that two
nuclear-armed neighbours could talk about, is it too much to hope that the
leaders of the two countries could talk about the core issue between them,
that of Kashmir. Actually, there is not all that much to discuss about it,
merely the modalities on the UN-supervised plebiscite that Security Council
resolutions mandated to determine the will of the Kashmiri people. So far,
however, all that India has done is to keep issue off the table.
One of the harmful effects of the Indian refusal to talk, and of the
Pakistani complicity in its doing so, can be seen in the Indian theft of
Pakistans remaining share of Indus waters, which it is committing by
building dam after dam in Kashmir. If the Kashmir issue is solved according
to the will of the Kashmiri people, the Indian dam-building would
automatically solve itself. However, the government is going by American
advice, not as an honest broker, but as a power that is trying to build up India
as its counterweight to China in the region. Thus the government is busy
currying favour with India, by giving it commercial advantages like MFN
status, which might fuel Indian mercantilist ambitions, but which will lead to
the destruction of Pakistans trade and industry.
If President Zardari does not avail this opportunity of conveying to
India Pakistans concerns, which are both genuine and rational, he would not
only do his country a disservice, but India also. The sooner India realizes
that Pakistan is united in its support for the Kashmiri cause, and that there is
no use currying favour with the USA if it plans to continue its illegal
occupation of the Held Valley, the better it will prove for India, as well as the
millions of Kashmiris groaning under its military occupation. President
Zardari must be blunt, and tell India that CBMs will not solve the problem,
only substantive talks will. (Editorial, TheNation 8th April)
A private visit: President Zardari has made a one-day visit to India
which, considering the size of his entourage and the cost to the exchequer of
transporting them there and back might constitute a redefinition of the word
private. He was received by Indian Prime Minister Manmohan Singh with
all due courtesy and the two spent forty minutes sans aides and note takers in
what truly was a private discussion. .. There has been no indication of what
215

the two discussed but the talks were said to be cordial, and will have
provided an opportunity for the two men to speak frankly to one another
such as is rarely accorded to men in their position. President Zardari then
moved off for the public but private part of his visit. Considering this was a
private visit to our neighbour, there was a surprising omission from the
presidential party Foreign Minister Hina Rabbani Khar. But perhaps she
had other engagements.
Despite the semantic inconsistencies of the visit it is significant in that
it was the first at this level in seven years. It is not easy for Pakistan and
India to arrange a tryst. They tend to happen on the periphery of
international diplomatic events, or be wrapped about with the trappings of
sport cricket diplomacy. This visit, although it was not explicitly stated,
was about consolidating the Confidence Building Measures that have been
cautiously embarked upon by the business communities of both states in the
last year. Both India and Pakistan could benefit mutually from enhanced
trade; we have much to sell to one another. A reciprocal, but probably not
private, visit by Manmohan Singh should be in the near rather than the far
future if momentum is to be maintained. And President Zardari needs to
understand that if he is to avoid ridicule on home ground, then private is
private and taking along 25 members of his own family, the chairman of
the Pakistan Peoples Party, Interior Minister Rehman Malik, Foreign
Secretary Jalil Abbas Jilani and his personal and security staff all at public
expense does not constitute private. It does however constitute a misuse of
public funds a detail overlooked by day-tripping dynasts. (Editorial, The
News 9th April)

REVIEW
The PCNS failed in revising the recommendations for revisiting PakUS relations by due date, which were to be debated in the joint session of the
Parliament. The deliberations of the committee were disrupted first by the
boycott by PML-N members and then the JUI-F walked away. This foiled
Raza Rabbanis efforts to achieve consensus on the recommendations for the
Parliament.
In parliamentary democracy the decisions are made on the basis of
majority vote, but Zardari regime has developed fondness for consensus
decisions, which are projected as part of his policy of reconciliation. The
traps of consensus and reconciliation are used for pre-empting any

216

possibility of blame-game if some flaws are encountered in the decisions


subsequently.
Implementation of the decisions, of course, rests solely in the hands of
the Executive in which it can resort to pick and choose. The selective
implementation can be justified on the pretext of rapidly changing ground
realities. This has happened many a times in last four years out of which
three are mentioned here.
First, the Constitution has been amended unanimously. Every party
boasts of it by mentioning the positive points of the amendments, but none
owns those which have virtually molested the spirit of the Constitution. Two
of them must be mentioned here.
The federation has been shaken by sowing seeds of discord among
federating units in the name provincial autonomy. Provincial harmony has
never been as fragile as it has been since 18th Amendment. And quite
dangerously, it the majority province which feels hurt as it had happened in
1971. Another amendment has made leaders of political parties all-powerful.
This has resulted in shifting the venue of decision-making out of the
Parliament, rendering the public representatives as mere stooges.
Two other displays of unanimity, or consensus, apart from
constitutional amendments, were seen in two resolutions adopted by the
Parliament and APC. The government took the credit of decision-making,
but blame for utter failure in their implementation was put on some secret
deals it had inherited.
These experiences have driven some wisdom into the heads of the
opposition parties, though this has happened fairly late. They have,
hopefully, understood the implications of catchword consensus, as they
seemed hesitant to go against public sentiment on two sensitive issues of
drone attacks and NATO supplies, especially in election year. In fact, no
party is prepared to take clear stand, for against, these two issues.
Chief justices of three provinces as members of the judicial
commission probing Memogate scandal struggled during the week to get
Husain Haqqani back in Pakistan to record his statement. The trio of chief
justices couldnt blame any one, despite the flimsy excuses of the accused
Haqqani, because the big chief had been cautioned that once this habitual
offender went out of the country it wont be easy to get him back. Big chief
listened to the lady, Asma Jahangir, who pleaded Haqqanis case on the
bases of basic human rights.

217

The judges tend to forget that they are dealing with hardened
criminals who are also chronic patients, not physically or mentally, but in
pretending to be sick. Their big boss, the Scoundrel, dodged Swiss courts for
years on the basis of his sickness. Then his front man who retrieved truckload of evidence from Switzerland, when asked by the Abbottabad
Commission to appear before it, begged excuse pretending sickness and the
other day he appeared hale and hearty in an interview aired by a TV channel.
His pretension, however, was not taken seriously by anyone as the
commission that summoned him was led by an ordinary retired judge of
the Supreme Court. But, Hussain haqqani was asked to appear by a
commission comprising three serving chief justices.
What they have found so far is that, the man who has been Pakistans
Ambassador in Washington for three years is also a sick man. That
completed the trio of sick men against whom the serving judges and
members on commissions are pitched. Both the commissions can now sit
back and relax, while praying for the speedy recovery of wanted sick people.
Chronic sick person, President Zardari decided to visit Ajmer Sharif in
India for an undisclosed mannat, which couldnt be seeking roti, kapra aur
makan from Khaja Gharib Nawaz. What is his desire is anybodys guess. He
may have gone there to collect head money fixed over Hafiz Saeeds head in
advance? Or, he might have bargained increase in the head money?
In anticipation of receiving the bounty in plenty, Zardari donated $1
million to the shrine, perhaps considering it correct amount at the higher rate
of Ushr. He must have ensured that it was not taken out from interests of his
foreign accounts, but from the well-laundered halal capital amount
deposited therein. The spirit of saint of Ajmir Sharif must have felt elated by
the noble gesture of President of Islamic Republic of Pakistan.
Whatever the case, the people of Pakistan expected the Supreme
Commander of armed forces to remember the calamity that had hit an Army
camp near Siachin glacier on the eve of his Bharat Yatra. India may not have
caused the snow avalanche that killed 135 people, mostly soldiers, including
a colonel, a major, a captain and four junior officers, yet it has the blood on
its hands as it opened worlds highest altitude battle front to draw focus
away from Kashmir.
9th April, 2012

218

WAR WITHIN-IV
During the week President Zardari, the symbol of the federation, went
to Multan to play yet another card, the game of power politics. While staying
in the town of his faithful he announced his plan to carve Seraiki Province
by the end of current tenure which is ending next year. As a first step he
planned to establish Seraiki Bank for the oppressed people of South Punjab.
During his stay in the city of saints, he also defended the younger son
of the Saint against accusations of his involvement in drug business. The
Saint himself has been rejecting all the allegations in this context, in the
219

wake of Apex Courts orders to ensure impartial probe. His government


discovered quite a few impersonators who have been ringing up various
ministries as Ali Musa.
Aitzaz continued telling cock and bull stories and judges hearing
contempt case kept tolerating all the nonsense in the name of noble sounding
judicial restraint. Meanwhile, Karachi experienced sporadic escalation of
turf war and sectarian killings continued with alarming surge in Quetta.

NEWS
Power politics: On 11th April, Firdous Ashiq Awan rejected the
demand of PML-N chief for snap polls and asked the Punjab government to
test its muscles by holding local body elections. PML-N chief had reiterated
his demand for early elections, saying as long as the incumbent government
would rule the country, problems would go on increasing. She said those
pointing finger had been charge-sheeted by Musharraf for corruption,
mismanagement with no match in the history.
Next day, the Supreme Court directed the chief secretaries of all the
four provinces to submit schedule on April 30 for holding local government
elections. The court observed that there should be no excuse in this regard as
not holding local body elections in the country was the violation of Articles
32 and 140-A.
On 13th April, eleven new ministers five federal ministers and six
ministers of state were inducted in the federal cabinet. Ten out of the
eleven new ministers belong to the PPP while Abbas Afridi is a senator from
FATA. ANP and MQM expressed their reservations on this development
saying they were not taken on board. Raja Pervaiz Ashraf is included in new
ministers.
Imran Khan said that all the ruling political parties will get united for
their vested interest, adding that the PML-N leaders and JUI-F chief Fazlur
Rehman were afraid of his partys tsunami. Addressing a PTI Women
Convention in Sahiwal, he said that his party would bring all the corrupt
elements who have been plundering and looting national kitty since the
creation of Pakistan to book.
Next day, President Zardari declared that South Punjab would be
made a separate province before general elections. Addressing the
parliamentarians of PPP from Multan region, he said that the decision to

220

make South Punjab a separate province would be made during prevailing


regime. He added the residents of South Punjab were highly annoyed with
Takht-e-Lahore and they should be given their right. He said the PPP always
strived to give identity and rights to the masses and he would visit every
nook and corner of the South Punjab in a bid to carve out Seraiki province.
On 15h April, President Zardari unveiled another card to further step
up his drive for creation of Seraiki province, as he declared his party-led
government would set up a Seraiki bank to cater to the needs of local
businessmen and entrepreneurs. Addressing the delegations of businessmen,
journalists and Peoples Labour Bureau at Multan, the president asked the
businessmen to submit a proposal for the bank within one week. The
president pointed out that South Punjab had a great potential for the export
of fruits and the government was adopting measures like establishing Mango
Pack House and Cold Storages in Multan to facilitate the growers and
exporters of fruits especially mango.

Rule of law: On 9th April, the Supreme Court said that Pervez
Musharraf should surrender himself before court in accordance with the law
in Benazir Bhutto murder case. A three-member bench headed by Chief was
informed by FIAs prosecutor that despite having received the summons,
Musharraf did not furnish any reply. He said FIA had approached Interpol
for arrest of Pervez Musharraf. Raja Aamir Abbasi, counsel for Rehman
Malik sought time for submitting reply which the court allowed and directed
him to file it until April 16.
On June 23, 2011, Rawalpindi Bench of the LHC had dismissed a plea
of Chaudhry Aslam requesting the court to order placement of Babar Awan
and Rehman Malik on ECL. One of the judges had written an additional note
that Chaudhry Aslam was neither an aggrieved party, nor a legal heir of
Benazir Bhutto, thus he had no right to seek registration of FIR in the
murder case of Benazir Bhutto. He submitted that the high court had failed
to give due consideration to the United Nations report on Benazir Bhutto's
assassination on which $60 million were spent.
Next day, the Supreme Court issued notices to the prime ministers
younger son Ali Musa Gilani and Principal Secretary Khushnood Lashari in
a case involving illegal sale of an imported chemical, ephedrine. It also
ordered cancellation of recently made transfers and postings in the AntiNarcotics Force (ANF) ordering the federal government to restore all ANF
officials to their position of March 6, 2012. Earlier, ANF had also requested

221

the interior ministry to add Musa Gilani and Lasharis names to the Exit
Control List, but later during the day Musa left for South Africa.
A three-member bench heard a petition of ANF Regional Director
Brig Faheem Ahmed regarding the transfer of officials in the counter-narco
agency, allegedly to save prime ministers son and his secretary who have
been named in the scandal of import of ephedrine a proscribed chemical
used in medicines. ANF officials informed the chief justice that narcotics
secretary was trying to protect Musa Gilani. The chief justice said this was a
sensitive issue, where they needed to tread carefully. The bench directed the
government not to transfer any officer without the court permission and ANF
Brigadier Faheem was ordered to assume the charge of his office and
proceed in the investigation without any influence.
The court also issued notices to Ministry of Narcotics Control acting
Secretary Zafar Abbas, the health secretary, AGP, ANF ex-DG Major
General Shakeel Hussain, Brig Faheem and the directors of two
pharmaceutical companies. The court said that if anyone wants to record
statement on behalf of Ali Musa Gilan or Khushnood Lashari then fair trial
be accorded. Brigadier Faheem himself and his counsel Akram Sheikh
appeared before the court. Brig Faheem told the court that Mr Lashari
approved the import quota of prohibited chemicals when he was the health
secretary and now Musa Gilani was protecting his secretary Tauqeer and
hindering fair investigation. The chief justice said that there should be no
mala fide in the investigation of the case.
Akram Sheikh told the court that in order to give additional charge of
ANF DG to the Narcotic Ministry acting secretary an SRO was issued in
back date. According to that amendment was made in ANF Act 1997. The
chief justice said it was very serious matter. The court inquired from Brig
Faheem about the investigation by Mohsin S Haqqani and Dr Obaidullah on
the order of Federal Health Minister Makhdoom Shahabud Din when Sohail
Ahmed was the ANF secretary, who was also transferred. Brig Faheem
informed the court that they issued three summons to Musa Gilani but
neither he presented himself for investigation nor responded to any summon.
When we approached the court regarding the matter, we were transferred.
We also issued summon to Tauqeer Ali Khan, private secretary of Musa
Gilani, but he also did not respond.
Akram Sheikh said all the state machinery wanted to protect the big
personality, adding the incumbent secretary law has given his opinion in this
case against the law. Brig Faheem said that Mr Zafar Abbas has taken all the
222

record of the case in his possession. He said as long as he would hold the
post he would not allow anyone to proceed in the investigation. He further
said that whole state machinery is against the investigation team.
Brig Faheem submitted a written affidavit about his meeting with
PMs secretary Khushnood Lashari. According to the affidavit after the
registration of an FIR, notice was issued to Lashari for recording his
statement. Brig Faheem stated that for the compliance of the notice he went
with IO (investigation officer) Abid Zulfiqar to Lasharis office at PM
Secretariat on March 24.
Where on the desire of Mr Khushnood Akhtar Lashari and his
assurance to bring the real facts to light, I had a separate meeting with him in
his office, where he discussed/conveyed the following to me in a maligning
and threatening manner, because he being one of the prime
(abettor/associate/facilitator) in the case wanted to make full use of his
present appointment/office to suppress/distort/misdirect investigation against
himself and Ali Musa Gilani.
Mr Khushnood Akhtar Lashari said father of Ali Musa Gilani is very
upset and worried due to the summons issued to him. He said that if ANF
focuses on two pharmaceutical companies only and spare others, ANF will
be fully supported; both companies will be ruined and state machinery will
be with you... He said you know civil military relations have recently
improved... He (Lashari) said that all depends on you (Brig Faheem); only
you can save us from chaos and upheavals... He further said in a sarcastic
manner and meaningful expression that ANF is being commanded and
controlled by army officers He asked to spare Ali Musa Gilani He said
this is a matter of national Interest.
In the affidavit Brig Fahmeen further stated that after that several
attempts were made to change the direction of the case investigation. During
the proceeding, Brig Faheem informed the court that he and his investigation
officer Abid Zulfiqar was transferred on April 9, 2012, while earlier ANF
DG Major-Gen Shakeel Hussain was transferred and the charge was given to
Anti-Narcotics Ministry acting Secretary Zafar Abbas.
The court was informed that in January, 2011 a question in this regard
was raised in National Assembly and Federal Health Minister Makhdoom
Shahabuddin made a statement for conducting investigation and accordingly
a committee was constituted, which had submitted its report, but this report
has not so far been brought on the assembly record. ANF Secretary Sohail
Ahmed was transferred.
223

The court observed that matter is under probe and some of the accused
persons have approached Islamabad High Court for grant of bail, and their
cases are also pending, which are required to be decided in accordance with
law. But after having taken into consideration the above facts and
circumstances of the case, prima facie we are of the opinion that
transfer/posting of ANF DG Maj-Gen Shakeel Hussain, Regional Director
Brigadier Faheem Ahmed and Deputy Director Abid Zulfiqar, in colorable
exercise of powers, is not free from extraneous consideration. The hearing
was adjourned till April 20.
Babar Awan submitted an unconditional apology before the Supreme
Court in a contempt of court case against him. However, the court said it
would consider apology in his presence before the bench on April 18. The
applicant reiterated that he has not only the highest regard and respect for the
apex court of the country but also for all the judges of the superior judiciary.
Babar said whatever he stated in the press conference regarding the
judiciary was unintentional, based on inadvertence and he was offering
unconditional apology for his utterances that had been found prima facie to
be disrespectful by the bench. He particularly apologized to Justice Asif
Saeed Khosa, saying there was no doubt about his acumen, integrity,
impartiality and dedication to work.
Awan requested the court that his apology may be accepted as bona
fide and contempt proceedings against him may accordingly be discharged.
Justice Ejaz Afzal remarked that it depended on the circumstances to decide
the matter, as no law bound the court to accept the apology of contemnor. He
also said though Babar submitted unconditional apology but he did not
personally appear before the bench. The court observed that they had fixed
the hearing of the case on April 10 according to his desire.
Attorney General told the court that Babar had already submitted an
application, seeking exemption from appearing in person on April 10
hearing, as he had gone to India on the invitation of different bar
associations and he would return on April 17. His attitude was seen by all of
us in the past hearings of the contempt case, therefore he should remain
present before the bench, Justice Athar Saeed further said. The hearing was
adjourned till April 18 to examine unconditional apology in his presence.
On 11th April, information minister told about issuance of notice to
prime ministers younger son, Ali Musa Gilani, in a case involving illegal
sale of an imported chemical, she said the premier had taken the cabinet
members into confidence sharing the reality behind it. All the cabinet
224

members ensured that nobody was above the law but it was not fair to target
someone and this issue be probed on merit, she informed, adding that there
should not be politics of allegation. She said cabinet voiced its grave
concern over the character assassination of the PMs family members and
expressed resolve to defend them. Reportedly, Gilani spent about one hour
explaining the cases against his sons.
Chairman NAB said that under the Constitution and international law
President Zardari has immunity against the criminal proceedings against him
until the Supreme Court of Pakistan would come up with some other order
in this regard. Addressing a Press conference he made it clear that he and his
team were dealing with the cases on merit and without taking into
consideration the background or political affiliations of the accused.
He had no answer to a question that why the Ministry of Interior has
not placed the names of accused in Rental Power Plants case on ECL and
when pressed he simply said that he was given assurance a day earlier that
all the names forwarded by NAB would be placed on ECL. To another
question about the RPPs case, he said that they had barred the directors of
various companies from transferring money from their accounts and
similarly placed a bar on transfer of their properties.
Replying to a question regarding RPPs, he informed that serious and
effective investigations are being carried out in this connection and action
would be taken against the persons found guilty. To another question, he said
that the question of plea-bargain did not arise at this stage and if the accused
would pay back the looted money, the case would be dropped against him
and he would even not be declared guilty.
To a question about the political cases, Fasih Bokhari said that he was
in complete knowledge that how the cases were instituted against the
political leadership in the successive governments of PPP and PML-N. But
he quickly stated that they were dealing all these cases on merit and without
being prejudice, he said. To a question about the acquittal of the co-accused
of President Zardari in SGS, Cotecna and other cases, he did not agree to the
point that the prosecution has shown laxity in the trial but he could not come
up with specific answer that whether the NAB would go for appeal against
the decision of trial courts.
He also denounced the reported impression that the government was
allotting him plot in the capital to keep him mum against its corruption. To
have plot under the prevalent policy of the government was his right as he
was a retired government servant and never did get one before. Aided by
225

Deputy Chairman of NAB, Fasih Bukhari strongly rejected reported


impression that the government was bribing him by allotting him a plot in
the capital.
On 14th April, Zardari defended prime minister against increasing
pressure due to the alleged involvement of his son in ephedrine case, saying
Ali Musa Gilani was falsely implicated in the drug case. Talking to party
office-bearers, the president said he had come to Multan to express solidarity
with Gilani. Zardari said he had also been implicated in a drug case in the
past.
Next day, DD ANF Abid Zulfiqar, probing the Rs7 billion drug scam
involving PM Gilanis son has summoned Narcotics Control Ministry acting
Secretary Zafar Abbas, Principal Secretary to PM Khushnood Lashari and
others on April 19. The investigation team is keen to question Khushnood
Lashari for writing and sending a strong-worded letter to ANF Rawalpindi
region chief Brig Faheem Ahmed, accusing him of concealing crucial facts
and misdirecting the Supreme Court.
According ANF officials, the investigation of this alleged scam was
dropped after it hit Tauqir Ahmed Khan who, presenting himself as Musas
personal secretary got the quota approved. According to rules, every
pharmaceutical company was entitled to get a quantity of 500kgs of
ephedrine, but the ministry ignored 20 companies and granted 9,000kgs
quota to only two companies.

Defiance of judiciary: On 11th April, it was reported that in what


seems to be an indication of Supreme Courts mood to initiate action against
PPP Chairman Bilawal Bhutto and President Asif Ali Zardari, the apex court
has reportedly sought transcripts of the speeches delivered by the two
leaders at Garhi Khuda Bakhsh on the occasion of 33 rd death anniversary of
PPP founder Zulfikar Ali Bhutto on April 4. Reportedly, the Registrar
Supreme Court has already got the relevant record to see if the two had
committed contempt of court by using offensive language against it.
Next day, the Supreme Court again disregarded Aitzaz Ahsans
contention that judges who issued contempt of court notices and framed
charges against Prime Minister should recluse from the bench. Dismissing
Aitzaz argument, the bench said the chief justice has constituted this bench
and entrusted them to hear the case, adding: it was not on our own bidding.
Justice Asif Saeed Khan Khosa said it is not the matter of any judge but the
prestige of the court. A judicial order has been passed by a 17-member bench
in NRO case and they wanted its implementation.
226

Aitzaz said the judgment would be implemented but for the time
being it was not possible. Justice Nasirul Mulk said in the decision on
review petition it was again directed to immediately implement the NRO
verdict in letter and spirit. Justice Khosa said, Your main defence is not
consistent with the 17-member bench verdict. Aitzaz said the matter at hand
was not of (the person of) Mr Asif Ali Zardari but the office of the President
and when his tenure would be over then the letter could be written.
He said: Should we offer our president to a foreign magistrate. And if
tomorrow someone will summon our judges then would we do that? He
said US saved his citizen Raymond Davis, who took innocent persons lives
in Pakistan, whereas we were hell bent to surrender our president before a
Swiss magistrate. Justice Khosa said: There is contradiction in your
statement on one hand you are saying the cases against President Zardari
and others have been closed, but on the other hand, you are saying it was a
matter of prestige of the Presidents office.
Aitzaz kept harping about article 10A inserted in the constitution
under 18th amendment that is meant to ensure fair trial and due process
status of the fundamental rights. The bench noted that the court elevated the
status of fair trial and due process, given in article 4, through various
judgments. Justice Khosa said if this is personal matter of a judge then he
could not sit but here is the matter of court prestige and national interest. He
asked the learned counsel that if he finds anything offensive in the Contempt
of Court Ordinance 2003 in light of article 10A then he should challenge it.
Aitzaz contended that laws governing fundamental rights are given in
article 9 to 28. Justice Khosa remarked that though some rights are regulated
by laws but are tested by the courts. The counsel said he has objection on the
procedure adopted in the case given in Contempt of Court Ordinance 2003.
Justice Khosa asked him now are you trying to use article 10A to strike
down a legislation, which is not there? It should have been there (for it to be
annulled). The court observed it has been the practice, usage, custom and
the tradition that a judge who had issued the notice used to hear it. Aitzaz
said you have been doing this not in accordance with the law.
Justice Khosa appreciating Aitzaz Ahsan for his arguments and
explaining many points said that if your mind is free from the extraneous
factor then you could better help the court. Justice Nasirul Mulk adjourning
the case for Friday asked the learned counsel to conclude his argument by
Wednesday (April 18). Aitzaz, however, said that he cannot promise if he
would be able to complete his evidence by the date given.
227

Speaking to the media on the court premises after the hearing, Aitzaz
rattled out his line of defence depending mainly upon the article 10A; the
judge(s) who takes notice of any incident becomes a complainant in the case
and hence becomes ineligible to hear the case. He reiterated President
Zardari enjoys immunity during his presidential tenure.
The regime made major changes in the ministry of law and justice by
changing the entire legal team ostensibly to put up a strong defence in its
various pending and new cases in the Supreme Court. Farooq H Naik was
appointed as new law minister. Attorney General Maulvi Anwarul Haq has
been made advisor to the president for legal affairs while Secretary Law
Irfan Qadir has been appointed as new attorney general. Ms Yasin Abbasi
has replaced Irfan Qadir as new secretary law.
On 13th April, the Supreme Court allowed the newly inducted attorney
general to act as prosecutor in Gilanis contempt of court case. The court
inquired from former AGP Anwarul Haq whether he would still be able to
act as the prosecutor in PM contempt case, but he replied I will be grateful
to the court to excuse me as he is no more the AGP.
Justice Nasir then inquired from Irfan Qadir whether he would act as
prosecutor against the PM. Irfan Qadir replied: I will follow what law and
the constitution and would do nothing which is against the law. Justice
Nasirul Mulk remarked it means you will then be supporting the defence
counsel. Justice Asif Saeed Khosa said its not your duty to see what is right
or wrong but the court will decide it.
The new AG said there were a number of contempt cases pending
before the august court and he didnt understand why the court was showing
hurry in this case. He, however, prayed for one week for the preparation of
case. Irfan Qadir said it seems the court has become party in the case, adding
this court had struck down his appointment first as judge, for being a PCO
judge, and then as prosecutor general of NAB and now want to strike down
his appointment as prosecutor in this case. Justice Sarmad Jalal Osmany
stated: We have understood what you wanted to convey to us.
Justice Khosa said you have been visiting Switzerland to prosecute the
president, so there is an apparent conflict of interest here. Justice Nasir told
him they would consider his appointment as prosecutor and took a 15
minutes break to decide about it. And when the bench reassembled they
allowed Irfan Qadir to act as the prosecutor in contempt matter against the
PM. The court directed Aitzaz to conclude his arguments until 18 th April and
adjourned the hearing for Monday.
228

Earlier, Aitzaz Ahsan argued that there was a serious flaw in the
proceeding where the prosecutor is not present in the court and new attorney
general has not been allowed to act as prosecutor. He complained about a
news item published in an English language daily against him. Showing a
copy of the newspaper he said due to the story he was very depressed as
efforts are being made to malign him. He prayed the court to take notice of
it. Justice Ejaz Afzal said the court would not be influenced by the media
reports and talk shows.
During the course of the hearing the court asked Aitzaz: Are you
trying to say there is no case against anyone except Asif Ali Zardari in the
Swiss court. Aitzaz said he would prove it with the help of documents that
the case pending in Swiss is only against President Zardari and no one else.
Meanwhile, it was reported that Maulvi Anwar was changed for
contradicting statements of Gilani and Aitzaz
On 15h April, Aitzaz replaced Babar Awan to represent the Federation
in the presidential reference to reopen Zulfikar Ali Bhutto case filed with the
apex court. This would be the second high-profile case for Aitzaz Ahsan who
is already representing Prime Minister Gilani in the contempt of court case
in the Supreme Court of Pakistan. Office-bearers of Peoples Lawyer Forum
welcomed the decision by President.

Taming the military: On 10th April, Nawaz Sharif and Shahbaz


Sharif through their lawyer served legal notices on former Mehran Bank
president Younus Habib to claim damages worth Rs10 billion each for their
character assassination. It has been stated in the notices that Younus Habib
leveled fabricated and unsubstantiated allegations for damaging the political
and social standing of Nawaz Sharif and Shahbaz Sharif. Younus Habib had
alleged before the media that he doled out a total sum of Rs55 lakh to
Nawaz Sharif and Shahbaz Sharif on two occasions for the purpose of their
help in the formation of anti-PPP IJI alliance.
On 12th April, Secretary Law and Order FATA submitted in the court a
report about the grievances of Adiala Jail prisoners kept in Internment
Centre Landikotal and arranging the visit of the prisoners counsel with the
detenues. The court rejected the report and asked the secretary: You
yourself are accepting that the detenues are kept in miserable condition. The
court directed Advocate General KPK to immediately shift Dr Niaz to
hospital. Chief Justice asked the counsel for ISI and MI if they could not
keep them for indefinite period in inhuman condition.

229

Justice Khilji Arif Hussain asked Irshad to tell the court under what
law they Adiala Jail prisoners have been kept in Internment Centres, adding
even if they are enemy of the country then show the evidence of crime they
had committed. The secretary proposed that due to short period of time,
most of the notified Internment Centers do not have the facilities as per the
criteria given in the Rules framed for the Actions (in Aid of Civil Power)
Regulation, 201. Resources may be allocated so that these internment
centers may be provided with the additional facilities.

Recessing economy: On 15h April, Pakistans total public debt


including both the external and domestic, continued to swell by 29.2pc to
Rs6 trillion during the current financial year ending June2012. According to
Asian Development Banks latest Asian Economic Outlook Pakistans
overall public debt has soared to an alarming level of 33.3pc of the GDP
(Gross Domestic Product). The economy continues to be affected by
structural problems, including a domestic energy crisis, a precipitous decline
in investment, persistently high inflation, and security issues, it said.

Provincial disharmony: On 9th April, nothing new has emerged


form the national energy moot as the federal government has come up with
the same old measures it adopted during last couple of years in the name of
energy conservation. After the Second National Energy Conference held at
Chief Ministers Secretariat in Lahore, Prime Minister Gilani announced
five-day a week work in public departments, closure of all commercial sites
by 8pm and some other measures to conserve power throughout the
country. The only mentionable exception was his announcement of doling
out power outages equally among the provinces. Punjab chief minister
welcomed the PMs announcement of uniform load-shedding in all
provinces saying it was a strong demand of the province.
On 11th April, Firdous Ashiq Awan said about load shedding issue, she
said that incumbent government would use different resources to end
outages. A special instruction has been given to ministries including finance,
petroleum and water & power to come up with concrete strategy to deal with
this challenge and ensure equal load shedding in all provinces.

Baloch militancy: On 9th April, six people belonging to Hazara


community were shot dead and three others were left with serious injuries
when armed men attacked a shop in Quetta. The assailants escaped from the
scene after committing the crime. Police and other law-enforcement
agencies were trying to arrest the culprits. People belonging to Hazara
community rushed to the Civil Hospital and blocked the Jinnah Road. Some,
230

infuriated protesters ransacked hospital, pelted vehicles with stones and


carried out aerial firing. Owing to tensed situation the injured were shifted to
Combined Military Hospital.
Next day, on Supreme Courts strict orders, the police recovered three
remaining persons, out of seven, who had gone missing on March 1. The
relatives of missing persons were informed by police that three missing
persons of Marri tribe had been recovered and they were asked to reach Civil
Lines Police Station, Quetta. Meanwhile, one person was killed and seven
others wounded, including a woman in a firing incident in Kuchlak and Hub
towns.
On 11th April, four militants were killed and six others arrested by
Frontier Corps after an exchange of fire with them in Dera Bugti district. An
FC convoy was on its way in Sangsila area when it came under attack. Next
day, four people, including three Hazara men, were shot dead and three
others wounded in three separate incidents of firing in Quetta.
In continuation of earlier orders of the Supreme Court, Balochistan
Advocate General along with DIG Operations Qazi Abdul Wahid produced
three missing persons before the court. According to the recovered people,
they were forcibly taken away during night hours from their houses and kept
in the custody of unknown persons for about 40 days. They could not
ascertain where they had been shifted and detained during the period, as they
were blindfolded at the time of their arrest. They added that thereafter they
were left in the Khuchlak area from where they were taken into custody by
the police.
On a query, the advocate general stated that they had been detained
under the MPO; however, he failed to produce any proof to substantiate his
claim. He further explained that after their recovery, all the police stations in
the province had been asked to check whether they were involved in any
case or not. We failed to understand the excuses being offered by the
learned advocate general, the judges observed in the order.
The court said: Prima facie we are of the opinion that these persons
have been recovered from some particular place, but the names of the
agencies/authorities, who kept them in custody, are not being disclosed. Also
it cannot be ruled out that perhaps they were detained by the police, which
kept them without any legal justification and after the directives issued by
this court, they had been released on the pretext that they were missing;
otherwise, in such a situation they should disclose the particulars of the
agencies/persons
231

The Supreme Court directed IGP to appear before the court on 13 th


April and explain as to why he failed to fulfill his commitment. At the same
time, the area SP and the SHO will also appear and submit their reports to
explain why proceedings against them as they failed to protect the life and
liberty to the citizens.
And in the suo moto hearing in the murder case of Mir Bakhtiar
Domkis wife and daughter, the court directed the Sindh IGP to call back
Additional IG Shabbir Sheikh, who was earlier conducting the investigation
but currently is in the United States for a departmental course. The IGP
promised to ensure his return but said that Shabbir was not indispensable as
his team was working in this case. Meanwhile, Bilal Bugti, a nephew of
Nawab Akbar Bugti appeared before the bench and said the Sindh police
was harassing the late political leaders relatives. The court directed the
Sindh Police not to stop the practice and asked Bilal Bugti to cooperate the
investigating officers in the case.
On 13th April, the Supreme Court resumed the hearing on worsening
law and order situation in Balochistan and directed the chief secretary to
ensure the installation of CCTV cameras in Quetta city. During the hearing,
the IGP told the bench that one missing person had been recovered and
assured steps were being taken to recover other three disappeared persons.
The chief justice said police had completely failed to maintain law and order
in Balochistan as sectarian violence was on the rise.
Next day, demanding governors rule in Balochistan, different Shia
organizations formed a 10-member committee to convene a grand jirga after
consultation with Baloch and Pashtun leaders to stop targeted killing of
Hazara people. The leaders said through a conspiracy, different communities
living in Quetta were being pushed towards civil war and such elements
were patronized by the government.
On 15h April, a shutter-down and wheel-jam strike was observed in
Quetta against the targeted killing of eight people belonging to Hazara
community. Unidentified armed men shot dead eight people in two separate
incidents of sectarian killing on Brewery and Sabzaal Roads morning.
Banned outfit Lashkar-e-Jhangvi had claimed responsibility for the killings.
Tahaffuz Azadari Council had announced seven-day mourning whereas the
Balochistan Shia Conference for 40 days.
Police backed by other law-enforcement agencies carried out raids in
different parts of Quetta arresting over 200 suspects who were being

232

interrogated. Meanwhile, two dead bodies were recovered from Khuzdar and
Quetta. The identity of the deceased could not be ascertained.

Turf war in Karachi: On 9th April, Political killing claimed two


more lives of PPPs workers. An activist of PPP was shot dead while other
injured at Abul Hassan Isphahani. Another PPP activist was shot dead in his
school in Baldia Town within the limits of Saeedabad police station. Three
PPP activists were killed three days ago.
Next day, SHO Chakiwara told that the SHC court had directed the
police to register the FIR on the complaint of the deceased mans aunt
Bilqies against MNA Nabeel Gabool and SP CID Aslam Khan, but the court
orders are yet to be carried out over the killing of Lyari gangster Saqib alias
Shaif Baloch. The SHO said the complaint was not willing to register the
case without the nomination of the federal interior minister.
On 11th April, ANP Sindh condemned the target killing of its workers
and common people in Karachi and demanded immediate action against the
terrorists involved. Its leaders questioned that why the law enforcement
agencies are reluctant of holding operation against the terrorists. They
claimed that the presence of No-go areas in Karachi speaks volume about
the performance and negligence of the security agencies.
Faryal Talpur strongly condemned the incidents in which body parts
of a woman were found in some parts of Karachi. She directed Inspector
General of Police Sindh to probe the matter and arrest the culprit
immediately. Talpur also directed IG Sindh to conduct DNA test of the body
parts to identify the dead. Next day, a man was killed in Sahibdad Goth and
another was shot dead in New Karachi Police station area.
On 13th April, Lyari, once again echoed with gunshots as three people
were killed and over one dozen injured during cross firing between police
and gangsters. Firing between police and gangsters began in the wee hours
following the arrest of three alleged PAC gangsters. The violence continued
till late night. Residents of Lyari came onto the roads and started protesting
against the police. They also set tyres on fire and pelted them with stones.
Moreover, at least three people were killed in different incidents of violence
in other parts of Karachi.
Next day, Karachi once again witnessed deteriorating law and order
situation as the series of targeted killings continued and seven people lost
their lives whereas many others were injured. Police conducted raids in

233

different parts of the city and arrested three accused of Lyari gang war, nine
members of abduction for ransom gang and four car lifters.

Militancy elsewhere: On 10th April, As a result of successful


negotiations between the government officials and the kidnappers, thirtythree people who were snatched during riots in Hunza Valley were recovered
safely. Apart from Gilgit, Skardu, Chilas and some other cities were also in
grip of tension which has paralyzed the life and business activities in most
areas of the province. During curfew relaxation hours citizens rushed to
markets to get commodities but had to return disappointed as the stocks were
exhausted.
On 13th April, protests rallies were held in Gilgit, Quetta and Karachi
over recent sectarian killings. On 15h April, curfew in the violence-hit Gilgit
city was relaxed for six hours on 13th day of its imposition, however ban
remained imposed on wearing jackets and shawls and assembly of two or
more persons. The meeting of the Gilgit-Baltistan Assembly was postponed
owing to curfew, while the cell phone service also remained suspended.
Meanwhile, Interior Minister could not make it to Gilgit on the second
consecutive day due to rough weather.
Scores of Jeay Sindh Qaumi Muhaz (JSQM) activists held protest and
staged sit-in at Indus Highway, demanding the government to engage the
United Nations for investigation into alleged murder of late party Chief
Bashir Qureshi. They accused that officials of health department were using
delay tactics to hide the facts behind the incident. They appealed to the UN
to take notice of matter.

VIEWS
Power politics
Seeking a sliver of hope: Imran Khan is an enigma, but if certain
things happen fortuitously we might just avoid a meltdown. One of those
things is that he proves to be genuine about Jinnahs Pakistan like Benazir
Bhutto was, which is likely. The second is that he manages to win a good
majority (which assumes that the common man will bet on him
notwithstanding Zardaris boast that the next elections will be bought and
not fought). The third is that he will take his responsibilities seriously and
doesnt go after his mainstream rivals but concentrates on trying to solve
problems without compromising on corruption and governance.

234

The fourth is that the military will rally behind him in their
institutional interest and desist from playing Kautilyan politics of ancient
India (in which Ziaul Haq excelled even his Indian counterparts). The fifth is
that he will seek to pacify and not appease Afghanistan, India and the US,
after a reset. The sixth is that unlike ZA Bhutto he will not act dictatorially
within his own party or vengefully with his mainstream opponents. The
seventh is that he will raise the level of discussion about our problems
especially those that afflict the common man. And, while doing so, again
unlike Bhutto, he must know that he cannot help the poor by willy-nilly
destroying segments of the rich. The eight is that he will ... and so on.
Admittedly thats a very tall order. But what if he fails to do well in
the coming election and we are back to coalition politics? And what if he
doesnt have enough votes to even lead a coalition set up? Then all bets are
off.
So we will need a lot of luck in the months ahead. Otherwise our
goose is cooked and we shouldnt be surprised if foreigners begin to draw
their own conclusions if they have not started to do so already.
(Zafar Hilaly, The News 10th April)
The mystic apes: Democracies morph into tyrannies if they do not
abide religiously to constitutional parameters. The function of the Supreme
Court is to interpret and apply the law. What could be a greater recipe for
anarchy than the rulers dodging and their offspring bullying the apex court at
will? Be it the killing fields of Gilgit, Balochistan or Karachi or the rampant
culture of impunity; the ultimate institutional safeguard of the Constitution,
has been diminished to a weightless body. This is the same Supreme Court
which had become a beacon of hope for the down-trodden.
An insatiable lust for wealth and power compounded by the stark
absence of empathy shall be the demise of our plutocracy. Like Elliots
Hollow Men, it is doomed to end not with a bang but a whimper.
Democrats lament that military dictatorships have been our bane. Our
democracies have fared even worse. Democracy thrives on wisdom and
virtue. It can only survive as such, if it embodies the values it stands for
the welfare of the common man.
Ancient wisdom tells us that in the kingdom of the blind, a one-eyed
man can be king. Clarence Darrow once said: When I was a boy I was told
that anybody could become president, I am beginning to believe it. Today,
we believe that too. Our president rules a country where anything but the
good reigns supreme. Burn Hall School Abbottabad had the Latin motto
235

Quo non ascendam to what heights can I not rise. Today, Allama Iqbals
would be shaheens cannot find the depths to which they can stoop. This
paradigm remains as cold, inexorable and devoid of empathy as it ever was.
The ancient Greeks were famous for their tragedies Author and
essayist Christopher Hitchens once said, the only correct answer to the
question Is nothing sacred; is no. President Zardari is off to shrines in
India, perhaps to enhance his mystic aura. Maybe these telling words of
Sheikh Saadi seep into covered ears: He who, when he hath the power, does
no good, when he loses the means will suffer distress. There is not a more
unfortunate wretch than the oppressor; for in the day of adversity nobody is
his friend. (Mir Adnan Aziz, The News 10th April)
The biter bit: How are the mighty fallen. The star of Babar Awan
rose high and seemed a fixture in the firmament, but he turned out to be a
flash of astral light that fizzled out to nothing. There are unconfirmed reports
that President Zardari refused to meet him in Delhi on his recent visit
Babar Awan was there for medical treatment which if true suggest a
substantial fall from grace. The former law minister has now tendered an
apology to the Supreme Court which is hearing a contempt case against him
for ridiculing the judiciary. He wishes that his apology be accepted in good
faith and the proceedings against him be discharged. He is now directed to
appear before the court on April 18 when the bench will examine his
apology and make its ruling. It is the matter of court appearances that were
the seeds of his downfall or rather his lack of appearances. Whilst Prime
Minister Gilani walked the walk and attended court when summoned
making his appearance a piece of political theatre as he did; Babar Awan
chose to ignore the summons of the court and presumably aroused the ire of
his master.
As little as a year ago, Babar Awan was a force to be reckoned with.
He supped at the top table, held a position of high responsibility but began to
unravel when his law degree was exposed as a fake a fact he now
acknowledges. He has now eaten a large slice of humble pie, as his apology
speaks of the court as a parent and of himself as an errant child. He
wishes to forthwith apologize to the court for his contemptuous actions
(helpfully caught on camera which fired a broadside through any defence he
might like to mount) and in so doing restore the courts dignity. He pleaded
inadvertence as in he never meant to utter the contempt that he clearly
did and apologized to Justice Asif Saeed Khan Khosa whose reputation he
had impugned. Babar Awan remains vice-president of the PPP but for how
long nobody knows. Few apart from his sycophants will miss him if he falls
236

further, and his arrogance will make a poor lifeboat. (Editorial, The News
12th April)
The holy families: Scions of the Bhutto and Sharif families have
already been launched into politics and their elders are busy promoting the
political careers of their budding sons. Prime Minister Gilani has outdone
them all in a short span of time. He has entrenched his entire family into
politics. Happily, his sons are doing very well.
Mr Gilani leads the cause of a Saraiki province, which is merely to
provide his offspring and the extended family a fiefdom of their own, a
playground to do their politicking since the Sharifs control upper Punjab.
Politics is the only business in town.
What does the future hold for the nation? Is there a hope for a change
in the status quo, will the nation remain in the clutches of avaricious clans?
Or will the seat adjustments between archrivals, and the predatory shape the
future political scene in the country. Isnt it time to give Imran Khan a
chance to see how he makes good on his promises?
We have tried them all, including all hues of Muslim Leagues, former
PPP members, and the khakis. Imran is the only one left to try. It is sad that
he gets unnecessary criticism without having been in power. And he need not
woo electables because the people are sick of seeing the old faces. (Iftekhar
A Khan, The News 14th April)
A fissiparous move: Oddly enough, in actual practice there is no
evidence that he has handed over the powers of Chief Executive to Mr
Gilani to which he is entitled under the Constitution. Besides, though being a
titular non-partisan head representing the federation, Mr Zardari has failed to
put a stop to his involvement in political matters. In fact, his participation in
the campaign for a Seraiki province and attack on a mainstream political
party in power in Punjab proves his partisan behaviour. Mr Zardari should
know that all this is constitutionally questionable. He has taken up the
cudgels on behalf of the Seraiki province, which have grave implications for
the future of Pakistan.
A country already suffering from narrow religious and regional
thinking pointing to sharp divisions in society, looks up to the ruling
leadership to create conditions that should spread the message of unity.
Another province would give a wrong signal, particular at this time; other
disgruntled elements elsewhere in the country, and there is no dearth of
them, would come up with their own demands for separate units. Apart from

237

setting off a fissiparous trend, the move would put still more burden on the
economy.
The Multan visit, according to the Presidents own reported statement,
was intended to lend support to the Prime Minister who, it is no secret, was
under increasing pressure not only for his own indictment in contempt of
court case, but also for accusations against his sons, Abdul Qadir Gilani and
Ali Musa Gilani. Going by the unalterable laws and traditions of a
democratic system of governance, the President has not only no business to
give public support to those whose cases are being heard by a court of law,
but also no right to take part in any political activity. A democratic head of
state is universally known to be a symbol of unity and an example of
obedience to law and constitution. Mr Zardari needs to have a close look at
his activities to see whether he is living up to these norms. (Editorial,
TheNation 16th April)

Rule of law
On the run: It is of course purely coincidental that the prime
ministers son Ali Musa Gilani has left the country for South Africa and
thence onwards probably to the UK. Pure coincidence. Totally unconnected
to the possibility of his name going on the Exit Control List (ECL) as a
result of ongoing investigations into the granting of a quota for medical
ingredients to two pharmaceutical companies. His foreign travel plans have
not the remotest connection with him possibly being at some future date and
in connection with this complex investigation; being asked by a court to
state precisely what influence he may have deployed in the granting of
illegal quotas. Nobody should read anything into his implausible assertion
that this peregrination is anything other than a conveniently-timed late
honeymoon, all perfectly above board and straight as a ruler. All of which
sounds like a cracked bell. The Supreme Court has the whiff of corruption in
its nostrils again, and bloodhound that it is, is following the scent which in
the case of the granting of illegal quotas by the then Federal Health Ministry
may lead back to Ali Musa Gilani, a man of influence.
The Supreme Court on Tuesday was told that the principal secretary to
the prime minister was determined to derail the investigation. It would
appear that pressure has been brought to bear on the regional director of the
anti-narcotics force (ANF) and his deputy to relinquish charge of the
investigation. Once again the Supreme Court was having none of this
behind-the-arras attempts to obstruct its work and ordered that they continue
their work. The pressure they have come under appears substantial, and
238

delivered by former health secretary Lashari. It was alleged that the PM was
distinctly peeved that his son was the subject of investigation and asked
(through Lashari) that the ANF cease and desist and spare Ali Musa Gilani
in the national interest. Subsequently the ANF has seen key figures in the
investigation either removed from their posts or returned to their regiments
in the last fortnight. Ali Musa Gilani has repeatedly refused to appear before
the ANF to answer their questions about the Rs7 billion quota scam and now
he is absent from the country. The SC has adjourned the case to April 20 and
there is a sense that there is much that is yet to come to light, despite the best
efforts of the PM and others to ensure that darkness prevails. The road to
accountability is paved with the bones of those who sought to avoid it. We
await the return of Ali Musa Gilani with interest. (Editorial, The News 12 th
April)
Capital suggestion: Why is Musa on the run is explained in Dr
Farrukh Saleems column. Cocaine sells for Rs10,000 per gram and kills
rich Pakistani addicts. Ephedrine, poor mans cocaine, sells for Rs1,000
per gram and kills poor Pakistani addicts.
According to Asim Khans Addicted to cocaine, Nasal insufflations
force cocaine to shoot up into the sinus cavity at 100 MPH, causing the
mucus membrane to tear. Upon absorbing the cocaine the membrane passes
it on to the small capillaries which constrict, depriving the tissue of blood
and oxygen. Cocaine reaches the heart when the capillaries enter bigger
veins and arteries. Cocaine is then distributed throughout the body and the
brain via the heart. A euphoric effect is then produced by the brain by
activating the nerve cells that release dopamine.
Pakistan has ratified the Single Convention on Narcotics Drugs 1961,
the UN Convention on Psychotropic Substances 1971, the UN Convention
against Illicit Trafficking in Narcotic Drugs and Psychotropic Substances
1988 and the SAARC Convention on Narcotics and the Protocol of Drug
Matters with ECO countries. The International Narcotics Control Board
(INCB) is the entity that implements UN drug conventions and Article 12 of
the Single Convention gives the INCB the responsibility of allocating
quotas... According to the INCB, Pakistans annual legitimate requirement
for Ephedrine based on population and historical trends stands at 22,000
kg (http://www.incb.org).
Here are the facts: Pakistan ended up importing 31,000 kg which
simply could not have been done without the complicity of the entire civil
bureaucratic chain. Secondly, a group of Pakistanis has made a few billion
239

rupees. Thirdly, parliament remains in deep hibernation-and totally


indifferent to what is going on.
Fourthly, the judiciary seems to be proactive but as the investigative
agencies are under the command of the executive, the judiciarys pro-activity
is not bearing much fruit. Fingers are being pointed at the uppermost crust of
the ruling government and topmost bureaucrats but those are all allegations
so far.
Here are some other facts: One out of every 20 Pakistanis is already
abusing drugs thats more than 9 million drug users. As per reliable
estimates, 600,000 additional Pakistanis join the drug club every year.
The statistics for college/university students are even worse. One out
of every 10 college or university student is a drug addict. There is one
university in Karachi where 20 out of 30 students were using charas. Then
there is the prison population where four out of 10 prisoners use drugs.
Cocaine kills. So does Ephedrine. The World Health Organization
reported a total of 250,000 deaths worldwide due to illicit drug use. Cocaine
releases neurotransmitters and makes the nerves work faster and harder.
Most people who die from using cocaine die from heart attacks. When
cocaine speeds up the nerves, it also speeds up the heart rate. Cocaine can
cause the blood pressure to go so high blood vessels burst. This results in a
heart attack or a stroke.
Pakistans Anti Narcotics Force (ANF) has done a reasonable job not
only in interdicting narcotics but also initiating demand reduction
programmes. In addition to making major seizures, ANFs Drug-Free City
Lahore Project has been quite successful.
ANF also has programmes in Mass Awareness Against Drug Abuse,
Community Participation in Drug Demand Reduction and Model Addiction
Treatment and Rehabilitation Centres.
Jerry Brown, the 34th and the 39th governor of California, once said,
at least when I was governor cocaine was expensive. Our current
governors cannot say that about Ephedrine. (Dr Farrukh Saleem, The News
12th April)
A welcome judgment: The record presented before the court showed
that enhanced concessions were given to RPP transactions instead of
subjecting these to enhanced scrutiny. Such self-inflicted wounds are
another reason why this Supreme Court is welcome as it sends clear signal
to all that Pakistan would apply enhanced scrutiny standards over all
240

agents political and administrative functionaries when they carry out


business related transactions on behalf of the people of Pakistan. (Syed
Mohibullah Shah, The News 12th April)
Cover-up trails: The ephedrine case is a case study for both money
and influence being used for cover-ups. Health ministry officials Dr Rashid
Jooma, Asad Hafeez and Abdus Sattar Mehrani gave statements under oath
to the Anti-Narcotics Force (ANF) mentioning Yusuf Raza Gilanis son,
Musa Gilani, for badgering them on telephone to remove the ban on the
import of this illegal banned substance in favour of his two favourite
companies that ostensibly sold the drug on to drug smugglers.
On the ANFs refusal to drop the case, all powers of investigation by
the ANF were withdrawn on Mar 21, 2012, by the federal government.
Guarantees of protection given by the Supreme Court mandating the ANF to
continue prosecution of the case notwithstanding, on April 6, the director
general of the ANF, Maj Gen Shakeel Hussain, was arbitrarily transferred
back to the army and the ANF was put under the direct control of the
secretary of Narcotics Control, Zafar Abbas Luk. If this is not a cover-up of
the highest order, what is?
The cover-up trail in this case reaches the highest in government.
With honest officers persecuted/sidelined by the use of high constitutional
office, precedents are being set for public officials not only to condone but
expedite crime. If criminals function in the name of justice, justice becomes
crime.
Not a failed state, we are well on our way to becoming a criminal one.
Aesop (620 BC-520 BC), a Greek slave of possibly Ethiopian origin to
whom many fables through the centuries are credited, observed almost 2,500
years ago, in 550 BC: We hang petty thieves and appoint the great ones to
public office. Ecstasy is the end product of ephedrine. Will justice be the
by-product of the attempted cover-up? The Supreme Court is trying, quite
unsuccessfully until now, to use reason and the Constitution instead of the
force necessity to establish the writ of the rule of law
Kayani has an inherent responsibility as COAS to stand behind his
command. Scrupulously honest and upright officers like ANFs Shakeel
Hussain and his colleagues were only doing their assigned duty.
Notwithstanding an outstanding job uplifting the morale of the men in
uniform, Kayani must seriously undertake self-assessment of what stops him
from living up to his sacred trust whenever push comes to shove?

241

Protecting his men from avalanche in Siachen was impossible. But


what about the constant barrage of the moral avalanche of perfidy they are
being buried under in the name of a perverted form of so called democracy
and/or the Constitution? Repeated compromises afflicting Kayani and his
conscience on issues of national security can ultimately only lead to an
artificially created greater disaster.
Given that the detractors of Pakistan now seem to have solid support
at the ground zero of the inner circles of our hierarchy, Memogate is
probably only the tip of the iceberg! (Ikram Sehgal, The News 13th April)

Defiance of judiciary
Cabinet for sons: It is unusual for the cabinet to comment on or take
up criminal cases; it is even more unusual for the highest decision-making
body in the land to rise to defend an accused. But then we are getting
accustomed to more and more unusual events in our country. The placing of
the case of illegal ephedrine quotas allegedly involving Ali Musa Gilani
before the cabinet by his father, the prime minister, amounts to nepotism
and a gross misuse of power. It is globally virtually unprecedented for the
cabinet of any country to take up a criminal matter pending before the courts
and claim that the accused is the victim of a media campaign which has
caused a scandal. Musa, from South Africa at the moment, is claiming much
the same.
The task of any cabinet is to make decisions on crucial issues. It
should be focusing its energy on working for the welfare of the people of the
country and determining matters which are of key significance to them. It
should not take on the role of a jury determining the guilt or innocence of an
individual, regardless of who he or she is. This is what the criminal justice
system is for. It is also pointless to accuse the media of gunning for the PMs
son. There is no reason why it should indulge in this. Such stories usually
have elements of truth in them, which is why they stick. The Anti Narcotics
Force has already claimed it is in possession of a substantial body of
evidence in this case. Let this avoidance be analyzed in a court of law. The
issue of whether Ali Musa Gilani is guilty or not must be determined by the
courts, and the courts alone. Bringing the cabinet into the affair is
completely unjustified. It makes a mockery of the norms according to which
a country should be run. It may also be a sign of desperation on the part of
the PM and his family. The cabinets involvement can only complicate
matters and make it even more difficult for ordinary citizens to believe that
everyone is equal before the law. If the matter of the younger Gilani can be
242

taken up by the cabinet we must ask why every person accused is not given
the same importance and defended in a similar fashion by our ministers and
other top officials of the land. Such cronyism is unacceptable. (Editorial,
The News 14th April)

Taming the military


Missing humanity: The issue of the missing persons in the country,
and the role of the intelligence agencies in their detention, continues to
simmer on, acquiring graver and graver proportions. The Peshawar High
Court, in a dire warning, has stated that the existing situation, the continued
disappearance of persons and the failure of the government to act, could
lead to the public being pitched against the army. This is obviously
something we must avoid at all costs. The PHC has noted that virtually
every petition filed on the missing persons mentions the agencies role one
way or the other.
The two-member bench has summoned the ministers for law and
justice and human rights as well as the interior and defence secretaries to
answer questions pertaining to the matter. The court has also raised an issue
not brought up before. It has asked why the police are unwilling to play a
role in helping the families of the missing persons, by truthfully narrating
what they know, while also declining to assist agencies in picking up
people. The IG of police, Peshawar, has also been called to testify in the case
involving fundamental rights and the police offered protection if the reasons
for their silence lay in the possibility of evoking agency wrath. As we all
know, this is the most likely factor for the polices reluctance to say where
missing persons are.
As for those who have turned up, their plight has been harrowing to
see. The Supreme Court in Islamabad, resuming its hearing in the case of the
11 men who had vanished from Adiala Jail over a year ago, has asked why
the seven, who had survived detention in terrible conditions, were still being
kept in inhumane circumstances. The lawyer for the prisoners stated that
despite the SC orders that the prisoners be moved to a hospital to be treated
for their poor physical health, nothing was done and five of the men had
been shifted to a centre run by the ISI in Landi Kotal, and were being kept in
the worse possible conditions. This state of affairs simply cannot be allowed
to go on. People cannot just be taken away as is happening now. There
must be willingness on the part of all institutions to abide by court orders
and an acceptance that every human being has the right to be treated as a

243

person with dignity no matter what crime he is suspected of having


committed. (Editorial, The News 13th April)

REVIEW
Ali Musa Gilani son of the Saint Prime Minister, who claims to be a
descendent of Ghaus-ul-Azam, has been suspected of involvement in
illegal drug business. Dr Farrukh Saleem briefly described the ugly nature of
this business in his column which left the readers wondering as to how low
one can stoop when lust for wealth overtakes him. It does not matter
whether; he or she is an offspring of a scoundrel or a saint.
The hearing of contempt of court case against Gilani kept lingering
on. Gilanis defence counsel, Aitzaz Ahsan not only defended his client, the
Saint, but also the Scoundrel, who matters the most being boss of his party.
The reason is quite obvious; the former could afford paying only hundred
rupees as fee, but the latter made him a Senator.
Aitzaz as a practicing lawyer also understood well that there was no
reasonable line of defence that could help in defending his client who has
been blatantly defying a clear verdict of the court in NRO case. He,
therefore, resorted to tactics of filibustering practiced by law-makers in
legislative assemblies. he found no harm in doing the same as lawpractitioner, especially when judges were so accommodating.
Nevertheless he kept challenging the validity of the verdict which
demanded writing of a letter to Swiss authorities. For more that two years he
has been on record saying that the letter must be written as directed by the
court, but once the Scoundrel granted him audience he took a U-turn. He
persistently harped that Zardari enjoys immunity under the Constitution. He
begged the court to protect Zardari with the same zeal with which Raymond
Davis was protected by the US.
The Attorney General, who also happened to be a maulvi, was
appointed as prosecutor in the case. He has not been heard saying anything
at all since submitting the initial evidence, yet he earned displeasure of the
regime and was removed from the post. He has been moved to Presidency as
advisor, but there he could be taught few tricks by Zardari about defying, not
complying, the law.
The judges on the bench, however, knocked down the argument of az
khud, put forward with parrot like repetition, in which Aitzaz tried to dub the
judges as complainants. Whatever the judges did was on orders of the 17244

member full court that had assigned the responsibility of monitoring the
implementation of NRO verdict. All that they did, including the contempt
case, did not fall under the purview of Aitzazs az khud.
The Saint chaired National Energy Conference at Lahore and two
days later the federal cabinet met in Islamabad and decided to implement the
decision regarding equal load shedding in four provinces. This was a public
confession that it has not been so in the past. Punjab was deliberately
targeted both in the case of electricity and gas load shedding. And, it was
shame on Shahbaz Sharif more than anyone else that he took four years to
see what was written on the wall.
Punjab as it stands today is part of Scoundrels democratic revenge.
He exacted enough revenge in last four years, yet he considers Punjab in its
present state a threat to fulfillment of his ambitions of power politics. Hence,
the Saint and the Scoundrel have planned to cut Punjab to size, by carving
Seraiki Province out of it.
It was noted in one of the recent reviews that politicians and judges
are in agreement on the issue of taming military. Some sections of the media
men and of course women also back the cause of these politicians and
judges; Hamid Mir of Geo TV is one of them.
While conducting a discussion on avalanche tragedy in Siachen Sector
he in his concluding remarks said that if the Generals impose no martial law
in the country, the sympathies of whole nation are with the rank and file of
the Army during such tragedies. He could not have chosen more mean words
for 135 soldiers who were buried under more than 60 feet deep snow, stones
and slush that had been dumped over their camp.
Did he mean that had there been martial law in the country, the
tragedy was acceptable? Hamid being a Mir should have shown some grace
in acknowledging that this tragedy was directly linked to Kashmir as India
had opened this front to distract attention away from that. The young sons of
Pakistan have been laying their lives, not for any military dictator or
democratic angel like Zardari but for their country, their countrymen as well
as Kashmiri brothers.
16th April, 2012

245

IN THE REGION-IV
The historic milestone of the week was the unanimous adoption by
joint session of the Parliament of 14-point resolution recommended by the
PCNS for revisiting Pak-US ties and frame new terms of engagement in the
ongoing war. The resolution so adopted fell well short of the expectations of
the people as it was more or less like the previous two unanimous
resolutions and is likely to meet similar fate.
The endeavours that led to the adoption of the resolution revealed two
interesting aspects. Munter met Fazlur Rehman but failed to win his heart
246

and mind; nevertheless, Zardari succeeded in wooing the Maulana over a


sumptuous meal in the Presidency. And, Gilani conferred the status of
Federal Minister on Sherry Rehman, Ambassador of Pakistan to USA, for
reasons best known to him.
On last day of the week, Afghan Taliban formally launched summer
offensive with attack in the capital Kabul and three other provinces. This
coincided with a well planned and boldly executed assault in prison in
Bannu that resulted in escape of all the prisoners; the militants were
interested in freeing them.
Hopes for a breakthrough in talks on Irans nuclear programme rose
on the eve of second round in Istanbul, despite each side sticking to their
respective stated stands. Expectations for aman ki asha were also hyped out
of proportion to the past experience in which Indian arrogance had been
multiplying with each passing day.

NEWS
Pakistan: On 9th April, militants attacked a military check post in
Kurram sparking a clash that left two soldiers and four militants dead.
Taliban and al-Qaeda-linked militants have carved out strongholds in border
areas of Kurram Agency. Meanwhile, JUI-F leadership continued to stick to
its decision of boycott of PCNS, the PML-N and PML-Q members of the
committee had informed Raza Rabbani that they were busy in connection
with the Energy Conference in Lahore.
Heavy snowfall hampered efforts to boost the search for soldiers
buried in an avalanche at Gayari Sector of Siachen. A US team of high
altitude specialists from Afghanistan arrive and a team each from
Switzerland, Turkey and Germany will arrived; help from India was declined
acceptance. Army Staff returned from the site briefed the commanders about
the challenge. But the heavy equipment lined up for the operation could not
be transported because of the bad weather conditions.
President Zardari contacted GHQ, Gilgit-Baltistan Chief Minister and
Maj-Gen Ikramul Haq, GOC FCNA, to get latest information about the
ongoing rescue operation. He directed the authorities concerned to utilize all
available resources to rescue avalanche-hit people. The president said the
entire nation stood shoulder to shoulder with the Army

247

Next day, the PPP-led ruling alliance has decided to move forward to
get parliamentary approval for the new rules of engagement between
Pakistan and the United States ostensibly in order to secure a logistic deal on
the NATO supplies; in case they fail in evolving a consensus. The move goes
well in line with the US official position that it respects Pakistans
parliamentary review and is committed to redraw parameters of future
cooperation aimed at serving mutual interest of the two countries.
The PPP-led ruling alliance after an in-depth analysis in the light of
recent diplomatic engagements between Islamabad and Washington has
decided to opt for a framework agreement that the entire NATO supplies
would pass through Pakistan on payment of toll tax. The National Logistic
Cell (NLC) would be assigned the task to ensure safe transportation of
NATO goods to and from Afghanistan. President Obama had shown its
inclination in accepting this demand largely because of its plans to drawn
down troops and equipment from Afghanistan by 2014 as well as to save
hefty amount on the payments the United States was making by using other
costly routes.
As regards Pakistans demand on bringing to end the CIA drone
attacks, the US was not ready to give up its weapon of choice, but could
agree to reduce frequency of the drone hits by sharing intelligence with
Pakistan. The position taken by the US on Salala attacks did not suggest that
the US administration was in mood of seeking apology publicly.
The PCNS redrafted the proposals for foreign policy review sans JUIF, which continued with its boycott of the committees deliberations. The
committee has now proposed in the fresh draft to link the NATO supplies
resumption via Pakistan with the cessation to drone attacks, while it is also
recommended that the NATO should be barred to transport weapons via
Pakistan and only food items, medicines and other items of general use be
allowed through these routes. JUI-F would not support the restoration of the
NATO supplies at any cost and even during the meeting of Cameron Munter
with Fazl in Islamabad the latter had not given any sort of assurance to
former on his partys support on the issue.
The clause relating to sprucing up of mechanism of the US spy
agencies operatives in Pakistan was deleted, while another one dealing with
the US and other Western states defence contractors working on the
countrys soil was also omitted from the proposals. Similarly, it was also
decided that no foreign state would be allowed to use Pakistani airports and
airbases for operation against any neighbouring state.
248

The Majlis-e-Wahdat-e-Muslimeen (MWM) called on the government


to close down all US diplomatic missions and expel American diplomats and
Zionists from the country if it was serious in easing out the ongoing
sectarian tension. The government was also demanded to dismiss Federal
Interior Minister Rehman Malik and arrest Chief Minister Nawab Aslam
Raisani for the genocide of Shia Muslims in Balochistan.
On 11th April, at least six bodies including of former key commander
of banned outfit Lashkar-e-Islam named Hazrat were recovered in Sepah
area of Khyber Agency. All of them had surrendered before the security
forces 10 days ago. Meanwhile, security forces conducted search action in
the Akakhel area in Bara and arrested at least 12 suspected persons for
investigations.
President Zardaris charm worked again, as Maulana Fazlur Rehman,
after a luncheon meeting with the president, announced ending the boycott
of the PCNS deliberations. Sources in the JUI-F said though they had
decided to end the boycott, they would not be backing out from their stand
on the reopening of the NATO supply routes without taking certain
guarantees from United States vis-a-vis the sanctity and respect to the
territorial integrity of Pakistan.
The JUI-F made it clear that the opening of supply routes would not
be in the interest of the country generating a strong reaction. Fazl had
suggested Zardari to go for reopening of the NATO supply routes through an
executive order the way it was stopped soon after the attack on Salala checkposts in Mohmand Agency close to Afghan border. The JUI-F said they
would oppose the resumption of supply on the floor of the Parliament. But at
the same time, Maulana Fazl assured the president that his party would
abstain if the recommendations would be put to vote, thus not creating
troubles for the ruling alliance.
The PML-N had also been supporting the move of linking the
resumption of supplies with cessation of drone attacks but their leadership
was also in favour of reopening the supply routes through an executive
order. The ANPs bond with the PPP is strong as ever, as the party is going to
support the recommendations.
The PPP was in no mood to segregate issue of the NATO supplies
from the set of recommendations prepared by the PCNS and would try to get
the matter through from the Parliament with voice vote. For this reason, the
government will settle to get the matter approved with a majority, for which
the ruling alliance has completed its homework.
249

Nawaz Sharif emphasized the need for workable rules of engagement


between Pakistan and the United States. Both sides should sit together to
find mutually acceptable way forward, Nawaz told a press conference after
former PPP senator Enver Baig joined the ranks of PML-N. Nawaz Sharif
said he conveyed his concerns to Cameron Munter about the resumption of
NATO supplies making it clear that there was no confusion in the party
leadership on the issue.
Husain Haqqani gave his consent to Blackberry manufacturers RIM to
share data with the panel from his smart phones of any contact with
Mansoor Ijaz. In an application to the commission, Haqqani sought
exemption from personal appearance in Islamabad on security and health
grounds. Haqqani said the commission already had enough evidence on
record to know that the allegations of Ijaz were unsubstantiated, as he was
not a credible witness.
Furthermore, the statement of Ijaz and cross-questioning and the
statement of the former DG ISI had made it clear that the media hysteria and
fears about national security that led to the creation of the commission were
unjustified, the application says. Haqqanis decision to sign the waiver at
this stage enables him to argue that he was only waiting for any evidence
against him to come on record before refuting it, while the judicial panel
cannot pronounce anyone guilty or pass verdict against them.
Haqqani indirectly criticized the commission for acting as if it was a
trial court and hinted that its head, BHC Chief Justice Qazi Faez Isa, had
used derogatory language against him during proceedings, which was
unbecoming of a judge. Haqqani insisted that as he was not in possession
of his Blackberry handsets, he could not provide his PIN numbers, but had
no objection if the commission used the PIN numbers provided by any other
party to obtain his data.
The former envoy also laid out his case as the victim of injustice who
should be provided relief. The commission was established by the Supreme
Court in an environment of orchestrated hostility towards him in the national
media and a false perception that an imminent threat to national security had
been created by the memo, he wrote.
Haqqani argued that he was allowed by the Supreme Court to travel
abroad, as he could not forever be kept waiting to record his full statement
due to the refusal of Ijaz to come to Pakistan. According to Haqqani, My
concerns about my personal security as a Pakistani citizen must be taken at
least as seriously as threats to the person of the other witness.
250

Next day, eleven militants were killed as jet fighters struck their
hideouts in central Kurram Agency. The warplanes destroyed four militant
hideouts in the Ali Sherzai and Zawa areas; scores of militants were also
injured. Troops have cleared most of central Kurram of miscreants.
The parliament unanimously approved recommendations of its
committee on national security on new rules of engagement with the US,
and the prime minister gave candid assurance his government would
implement it in letter and spirit. Senator Raza Rabbani presented in the joint
sitting of the parliament the revised 14-point recommendations of PCNS,
calling for immediate cessation of drone attacks inside the borders of
Pakistan.
The recommendations call for future relations with the US to be based
on mutual interest along with not allowing the country or its airspace to be
used for the transportation of weapons into Afghanistan. The committee
recommended that Pakistan should seek an unconditional apology from the
US over the NATO attack and action be taken against those responsible. No
overt or covert operations in Pakistan would be allowed nor will foreign
countries be allowed to establish bases in the country.
The PCNS also recommended that no private security companies or
operatives be allowed in Pakistan. The committee called for an end to verbal
agreements with other countries and the security of Pakistans nuclear assets
not be compromised. However, it did not give a timeline for the
implementation of these recommendations.
Prime Minister Gilani assured the parliament that the revised
consensus recommendations of the committee on terms of engagement with
the United States would be fully implemented. He said the support from
across the political divide has strengthened the governments position to take
a bold stance that was not a usual thing.
Sharing his views on revised recommendation approved by the
parliament, Chaudhry Nisar said that all the recommendations related to
NATO supplies were excluded on the demands of the opposition. PML-N, he
said, was interested in including the issue of Dr Afia Siddiqui in the
recommendations draft. However, incumbent government said that it is its
responsibility to run administrative matters. Nisar said that there was need to
take special measures for her release.
Disagreeing with the Senator Raza Rabbani he said that parliament
has already debated two resolutions and it was not the first time the
parliament discussed foreign policy contours. It is half-done job and the
251

move could be called historical when this resolution would be implemented


in letter and spirit. Prime Ministers verbal commitment is not enough, these
recommendations should be implemented fully given that not even a single
clause of previous resolutions was implemented, he said.
Nisar said that every political party in the house want good relation
with US but there should not be imbalance in the relation of two countries.
He then asked as to what would be the strategy if drone attacks are
reinitiated any time in future. Fazalur Rahman said that previous resolutions
were not implemented in letter and spirit but now this one should not be
treated in the same way. He said that foreign agencies should not operate in
our country.
As the judicial commission probing the memogate scandal resumed
hearing it accused the foreign ministry officials of being non-cooperative.
The commission grilled ministrys US Desk Director General Sohail Khan
over non-submission of reply on the matter of missing Blackberry sets of
Husain Haqqani and summoned the foreign secretary. The commission
sought in-camera briefing about the secret funds of Pakistan Embassy in
Washington.
The members of the commission were visibly agitated by media
reports that implicitly criticized them, including a statement by former Asma
Jahangir, who is also Haqqanis lawyer before the Supreme Court. Asma had
said that the commission should take Haqqanis statement and not insist on
taking his life.
The hearing was adjourned until April 26. Analysts believe, the
commissions decision to defer its proceedings until April 26 is a clear
indication that even though it does not want to appear to be providing
Haqqani any relief, it is willing to wait for the Supreme Court to decide
whether or not he should be allowed to record his statement by video
conference.
Haqqani allowed Blackberry manufacturer RIM to waive his privacy
rights and provide data of his alleged communications with Ijaz. But while
granting permission he has not quoted Pin Number of his Blackberry.
However, if data is presented, Haqqani will need to explain every message
exchanged with Mansoor Ijaz because none of the messages explicitly talk
about the disputed memo.
On 13th April, Canadas Conservative government decided to cut aid
to Pakistan, twelve of the worlds poorest countries including Afghanistan,
Pakistan and seven nations in Africa are going to be hit after aid cut over
252

the next three years. Reductions are planned for five major aid recipients:
Afghanistan, Bolivia, Mozambique, Pakistan and Tanzania.
Dr Rajiv Shah, Administrator of the United States Agency for
International Development (USAID), called on President Zardari at Aiwane-Sadr. US Ambassador Cameron Munter accompanied him. Hina Rabbani
Khar and Sherry Rehman were also present during the meeting. USAIDfunded projects in Pakistan were discussed during the meeting.
After the foreign policy guidelines approved by the PCNS and the
Parliament, Foreign Minister was expected to travel to Washington soon to
convey the recommendations to the United States of America. Khar would
visit the US where she would hold meetings with US and NATO officials
apprising them of the situation over the ties between the two countries and
of the conditions linked to Pakistans co-operation in the war against
terrorism.
Next day, an inspector of excise department was killed and his house
was damaged in a bomb blast in Peshawar. Inspector Khaista Mir was
opening the main gate of his house when the explosive planted there
exploded. The parliament unanimously adopted a resolution in favour of
restoring NATO supplies, while the US by announcing continuing drone
attacks established the fact that beggars cannot be the choosers, remarked
Munawar Hasan at Mansoora.
Defence of Pakistan Council (DPC) rejected the Parliaments decision
of reopening the NATO supply line to Afghanistan and announced a
countrywide protest against the resolution on April 20. Sit-in on all the
routes of NATO supply will also be observed, besides taking out peaceful
protest rallies and demonstrations.
US Special Adviser on Pakistan and Afghanistan Ambassador Rabin
Raphel called on Nawaz Sharif and Shahbaz Sharif at Raiwind. The meeting
was held in the background when the Parliament has approved new rules of
strategic engagement with the US, NATO and ISAF for the sake of restoring
supply of only medicines and food items, minus arms and ammunitions, to
them in Afghanistan. Another significant aspect is the cut of USAID in most
of the 105 areas where the funds from that source were flowing. Punjab over
the last year has renounced to accept the foreign aid in any form for the
provincial projects.
On 15h April, more than hundred militants stormed Central Prison
Bannu in the dead of night and freed 384 inmates. The militants reportedly
came in cars and pick-ups and started shooting and lobbing grenades to force
253

their entry into the prison. They broke locks and freed the inmates, some of
them hardcore militants. The officials said that at the time of the attack some
944 prisoners were present at jail. No one was seriously injured or killed in
the attack.
Officials said that one of the prisoners freed was Adnan Rashid, on
death row for assassination attempt on Pervez Musharraf. They said some
militant commanders had recently been moved to Bannu jail after authorities
received intelligence that Taliban militants might be planning major raids on
detention centres holding insurgents.
A spokesman for TTP South Waziristan Agency, Asimullah Mehsud
claimed responsibility for the attack and said that about 1200 of their
comrades had been freed in the attack, adding, several of our people have
reached their destinations while others are on their way.
Mian Iftikhar Hussain said, we will investigate why militants were
able to carry out such an attack successfully and what the security was
doing, he said. He said the militants blocked all roads leading to the prison
to delay the arrival of any reinforcements and targeted six barracks where
dangerous insurgents were being kept. Security forces cordoned off the
area and arrested some of the escapees, while others returned voluntarily
saying they had fled to avoid the gunfire.
A year ago the Afghan Taliban staged a jailbreak in the southern
Afghan city of Kandahar. In that episode, hundreds of Taliban fighters
escaped through a tunnel that insurgents had dug into the prison compound,
helping to refill the ranks of the insurgency. In the case of Bannu jailbreak, it
appeared most of the escapees were incarcerated for other crimes, not
militancy, making it unclear whether the jailbreak will significantly bolster
the ranks of the insurgency.
Security forces claimed to have arrested commander of TTP Swat
along with his accomplice. Commander Gul Rahim and his accomplice were
arrested from a hotel in Taxila during a brief action conducted on a tip-off.
Authorities said Gul had escaped to Karachi after army operation in Swat,
and now he was going back home.

Afghanistan: On 9th April, Afghan President Hamid Karzai hailed


an agreement with the United States over controversial night raids by
Special Forces as consolidating Afghan sovereignty. In accordance with this
agreement we assure people that not only the foreigners will not enter
peoples houses, but also the Afghan government will not harm anyone and

254

that human rights will not be violated, Karzai said. Sounding a note of
caution, First Vice-President Marshal Fahim added that the government
emphatically asks people not to allow terrorists in their houses.
Next day, suicide bombers killed at least nineteen people in attacks
across Afghanistan, including 11 Afghan police, ahead of the traditional
summer fighting months. Eleven people died and 28 were wounded when
two suicide attackers rammed a car bomb into a government compound near
the western city of Herat, the interior ministry said. Just hours later, in
southern Helmand province, three suicide attackers targeted the district
governors office in Musa Qala district, killing eight police. Two of the
bombers were shot dead, but one managed to detonate explosives.
US and Afghan defence chiefs discussed the future of American
troops in Afghanistan after 2014, with both sides calling for a long-term
security partnership. US Defence Leon Panetta hosted Afghan Defence
Minister Abdul Rahim Wardak and Interior Minister Bismillah Khan at the
Pentagon two days after Washington and Kabul signed a deal putting
Afghans in charge of controversial night raids.
The fact that we were able to achieve a pact I think was a very
important step forward to ensure that we will make the transition to Afghan
operations, but we will do it in a responsible and effective way, Panetta
said. US commanders have recently signaled that the eventual troop strength
of the Afghan forces would be dramatically scaled back from initial plans,
amid concerns about the cost that will be absorbed mostly by the United
States and its allies.
Wardak said Afghan forces had made genuine progress on the
battlefield over the past year. He said that continued US support and
cooperation will play a decisive and vital role in the countrys future
stability. Washington and Kabul still have to hammer out what bases and
airfields US forces would be able to use after 2014 and possible legal
protections for American troops.
On 13th April, five people were killed in a suicide bombing in Kunduz,
an attack that believed to have targeted the head of the province's special.
Unconfirmed reports said that Abdullah Gard, the head of the Kunduz Rapid
Reaction Unit, was among the five others including a woman and children
who were wounded.
On 15th April, explosions and gunfire rocked Kabul as suicide
bombers struck across Afghanistan in coordinated attacks claimed by
Taliban insurgents as the start of a spring offensive. The US, British,
255

German, Japanese embassy compounds and the NATO forces headquarters


came under fire as militants attacked the citys diplomatic enclave and tried
to storm parliament sparking a gun battle in which lawmakers and
bodyguards fired back from the rooftop.
Embattled President Hamid Karzai was moved to a safe area and his
palace went into lockdown as the capital was hit by a wave of attacks
including a failed attempt to target one of his deputies. The security forces
are handling the situation very carefully, the terrorists are still resisting in
two areas, but overall the situation is under control and the security forces
have surrounded them, Interior Ministry spokesman told AFP.
Haqqani Network was accused of masterminding the attack. ISAF told
AFP that Afghan forces, whose ability to withstand the Taliban after 2014
has been questioned, were taking the lead in countering the assaults on
Kabul. US Ambassador said the ability of Afghan security forces to respond
to the attacks was a clear sign of progress. I am enormously proud of how
quickly Afghan security forces responded to todays attacks in Kabul, said
General John Allen.
Taliban fighters, some of them dressed in womens head-to-toe
covering burqas, also launched simultaneous assaults in three other
provinces of Afghanistan. Outside the capital, militants attacked government
buildings in Logar province, the airport in Jalalabad, and a police facility in
the town of Gardez in Paktia province, where a NATO helicopter was
reportedly deployed against them. A total of 19 insurgents died and 14 police
and nine civilians were wounded.
The Taliban spokesman told AFP by phone from an unknown
location, that the attacks were a message to the Kabul government and its
Western military backers. The Kabul administration and the invading forces
had said some time ago that the Taliban will not be able to launch a spring
offensive. Todays attacks were the start of our spring offensive, he said.
My guess, based on previous experience here, is this is a set of
Haqqani network operations out of North Waziristan and the Pakistani tribal
areas. Frankly I dont think the Taliban are good enough. Afghan Interior
Ministry spokesman told Reuters initial findings showed that the Haqqanis
were involved in attacks. At the time of the attacks, a delegation of Pakistani
women parliamentarians was visiting the Pakistani embassy in Kabul.

Iran: On 10th April, it was reported that India and the United States
were navigating some of the rockiest waters, with Washington weighing

256

sanctions unless New Delhi significantly cuts oil imports from Iran. Trade
between the two countries has soared over the past decade but also hit highprofile disputes. India in December backtracked on a plan pushed by the
United States to allow foreign supermarkets such as Wal-Mart into the
country after an uproar by the ubiquitous mom-and-pop stores in the worlds
second most populous nation. But few issues have caused as much friction
as Iran.
A new US law, seeking to pressure Iran to end a nuclear programme
seen by Israel as a major threat, will slap sanctions starting on June 28 on
banks from countries that do not cut oil imports from the Islamic republic. In
public, US officials have played down differences and echoed Clintons July
speech in Chennai where she urged greater global leadership role for India.
Next day, just days before crucial talks with world powers on its
disputed nuclear programme, Iran presented a defiant face, announcing the
halt of oil exports to EU nations and warned the West to drop its language
of force. The announcements were portrayed in Iran as pre-emptive
punishment against the European Union for imposing an oil embargo on the
Islamic republic that is to come into full effect on July 1.
The Iranian gestures showed that Tehran was ready to flex its muscle
as OPECs second-biggest producer after Saudi Arabia in response to the
sanctions by the European Union and others by the United States. Fear of
that has kept global oil prices high, which in turn is increasing the revenue
Iran earns on the 2.5 million barrels per day it exports. Last year, Iran
generated $100 billion (76 billion euros) from oil sales abroad.
Iranian President Ahmadinejad said his countrys economy could keep
ticking over even if no oil was sold for two or even three years. Later, he
told the Western nations: I say to them in the name of the Iranian people
that the method you have adopted will have no result. They need to change
their language and speak with respect.
On 12th April, foreign Office spokesman said there was no pressure
from Saudi Arabia on the proposed Iran-Pakistan gas pipeline. He told
weekly press briefing that the on-going talks with the Saudi government
were focused on bilateral cooperation, including the field of energy.
The UAE recalled its envoy to Tehran after having protested over a
visit by Iranian President Mahmoud Ahmadinejad to a disputed island.
Foreign Minister termed Ahmadinejads visit to the island of Abu Musa as a
flagrant violation of United Arab Emirates sovereignty over its territories.

257

Both Iran and the Emirates claim territorial sovereignty over Abu Musa and
two other islands in the Gulf.
On 14th April, the US team requested what would be rare bilateral
discussions with the head of the Iranian delegation, Saeed Jalili. Irans
delegation turned down US request for what would have been a rare bilateral
meeting on the sideline. Despite the refusal, diplomats said that a positive
new Iranian attitude in Istanbul raised the prospect for a second round of
more in-depth discussions, with one envoy saying this should take place in
less than four weeks.
Whether a second round of talks would succeed remains to be seen,
however, with Iran likely to insist on the right to a peaceful nuclear
programme while demanding sanctions be eased. The world powers want
Iran to grant the IAEA greater access to ease fears that it might have covert
facilities, and to answer accusations made in the IAEAs November report.
Obama is wary of being accused by his Republican challenger of
being duped by empty Iranian promises that just buy Tehran more time.
Obama, however, had asserted that both the Iranian and the Israeli
governments recognize that when the United States says it is unacceptable
for Iran to have a nuclear weapon, we mean what we say.
Meanwhile, Over 315 foreign companies form 44 countries would
participate in the Iran's 17th International Oil, Gas, Refining, and
Petrochemical Exhibition. The presence of foreign companies is despite the
Western countries sanctions on Iranian oil industry. Out of over 1,255
Iranian and foreign companies which have voiced their willingness to
participate in the exhibition, 940 domestic and 315 foreign companies will
take part in the event.

India: On 9th April, eighty-year-old ailing Pakistani scientist


Mohammed Khalil Chishti, serving life term in an Ajmer jail in Rajasthan in
a 20-year-old murder case, was on Monday granted bail by the Indian
Supreme Court on humanitarian grounds. The bench, which took a
sympathetic view, also agreed to hear his plea to go back to Karachi and
asked him to file a separate application for it.
Chishti was granted bail a day after his case was discussed between
the authorities of the two countries during Pakistani President Zardaris visit
to India. During the hearing, the bench also made a reference to Zardaris
visit and said Let us hope what has happened yesterday will continue.

258

What we have read from todays newspapers is that good things are
happening, the bench observed.
Nawaz Sharif said the recent visit of President Asif Ali Zardari to
India is a step in the right direction and supported Zardaris point of view of
exchange of India and Pakistan cricket tour. He said India and Pakistan must
sit on table to resolve the disputes. When asked about the US bounty on
Hafiz Saeed and Indian demand for his arrest, he said he talked with Prime
Minister Gilani twice on this matter and he has suggested him for raising
this issue with US.
India and Pakistan scripted a new chapter at the Attari-Wagha order as
both the nations threw open the new gates of the Integrated Check Posts
(ICP) for the cross-border truck movement. However, as far as passenger
movement was concerned, the deadlock continued on the second day as
well, as Pakistan did not agree on sending passengers through new gates.
Pakistan had been adamant saying that since it has recently constructed the
immigration and customs facilities at old gates, it is not viable for it to shift
passenger movement to new gate.
An Indian court convicted 23 people over the massacre of nearly twodozen Muslims during religious rioting in Gujarat state in 2002 that left
more than 2,000 dead. Another 23 people were acquitted for lack of
evidence in the case, in which rioters in the small Gujarati village of Ode
bolted the doors of a house where Muslim families had taken refuge and
then set it on fire.
Next day, Indias Supreme Court has said it is pained by the plight of
mentally disabled Pakistanis languishing in Indian jails. Justice RM Lodha
said such cases should be given priority when top leaders from the two
countries meet. The judge said he was referring to 21 prisoners, 16 of whom
are mentally unsound and five are deaf and dumb. The court has given the
government three weeks to find out how they can be repatriated.
An investigation team appointed by Indias Supreme Court has found
no evidence against Gujarats chief minister over deadly anti-Muslim riots in
the state a decade ago. Narendra Modi has been accused by rights groups of
having turned a blind eye to the violence that swept the state in 2002
claiming as many as 2,000 lives, and of failing to bring to justice the
perpetrators of the killings.
The complaint had been filed by Zakia Jafri, widow of a former
Congress Muslim lawmaker, Eshan Jafri, who was burnt to death along with
68 other people by a mob in a housing colony in Gujarat. Zakia Jafri had
259

filed a complaint against Modi, his ministerial colleagues, top police


officials and members of the BJP, accusing them of conspiracy in the riots
and the Supreme Court ordered an inquiry into the allegations.
On 12th April, Pakistan released 26 Indian fishermen held in prison for
more than two years. The release, described as a goodwill gesture, comes
days after President Zardari met Indian PM Singh. Jail officials in Karachi
handed gifts to the Indians before boarding them onto a bus that will take
them to Lahore, where they will be handed over to the authorities across the
border.
A court in India sentenced 18 men to life imprisonment over the
killing of 23 Muslims during religious riots in the western state of Gujarat in
2002. Five other men were handed seven-year jail terms for crimes
committed when the Hindu rioters entered the village of Ode, bolted the
doors of a house where Muslim families had taken refuge and then set it on
fire. Of the 23 who died in what became known as the Ode massacre, nine
were women and nine children.
Next day, President Zardari appealed to Indian Prime Minister to
release Pakistani scientist Dr Khalil Chishti and allow his repatriation to
Pakistan on humanitarian grounds. President made the appeal in a letter the
text of which was released by the Presidency.
With a view to enhance trade volume, Pakistan and India opened a
new route dedicated for trade with state-of-the-art passenger terminal and
sprawling cargo facility. Punjab Chief Minister Shahbaz Sharif, who was
accompanied by Commerce Minister Makhdoom Amin Fahim and other
business community representatives inaugurated the new trade gate at
Pakistani side. From the Indian side, Home Minister P Chidambaram along
with Commerce and Industry Minister, and Punjab Chief Minister Prakash
Singh Badal opened their Integrated Check Post. The ceremony was also
attended by Commerce Secretary and his Indian counterpart.
Till now the trucks carrying goods have been commuting through the
old gate but after the formal inauguration, both the nations started the truck
movement through new gates. This would substantially increase the trade
movement on both sides leading to higher returns for traders. Wagha Border
will foster bilateral trade manifold and help achieve envisaged target of trade
to the tune of $ 7 billion in next two years.
On 14th April, the military has dispelled reports of foul play from
Indian side concerning the deadly avalanche. Theres definitely an
environmental issue due to the large number of troops on the other side in
260

Siachen but I cannot speculate if this has anything to do with the burial of
our men in avalanche. DG Military Operations said responding to a query at
a press briefing on the rescue operation.
Police in IHK said they have questioned 16 men about Facebook
postings that appeared aimed at whipping up protest against Indian rule in
the disputed territory. Police say the men are university students who run
Facebook pages with illegal messages challenging India's claim to the
region. Police warned the men of legal action 'if they persist with their antinational activities.

VIEWS
Pakistan
Foreign policy development: Much has been made of the handing to
parliament the responsibility for the development of foreign policy, in
particular that this in some way takes the process out of the hands of the
military that is said to have steered our foreign policy virtually since the
foundation of the state. Be that as it may, the formulation of foreign policy in
a democratic system is more properly in the domain of the Foreign Ministry,
its advisers and civil servants, who create a policy document and then pass it
to parliament for debate and ratification. Many of those engaged in the
business of policy formulation have the background and breadth of
experience, a developed world view, which allow them to make the nuanced
and informed choices that go with policy formulation, be it foreign,
domestic or any other type of policy.
Whilst we have little doubt that many parliamentarians would have
the potential to be able to do the same, we have equally little doubt that there
are parliamentarians to whom foreign policy would be relative to the
doings in tehsils contiguous to their own home town and whose grasp of
geopolitics is limited to a well-thumbed school atlas. Whilst there are some
very bright men and women in the upper and lower houses of our
parliament, there are some whose ears are held apart by little more than a
well-stuffed pillow. They may be clever politicians but that does not make
them good formulators of foreign policy, and it is thus to be hoped that those
who sit on the PNSC have a world view developed beyond their own back
gardens. As for the wider pool of parliamentarians not members of the
PNSC, it is to be hoped that they do not make foreign policy for us on the
back of an envelope and that they might bend an ear or two in the direction
261

of the Foreign Office to hear voices other than their own. (Editorial, The
News 13th April)
We blinked, and maybe its good: According to people in the know,
both the president and the prime minister made no bones about impressing
upon the visiting Under Secretary, Tom Nides, that their administration was
open to the concept of conducting parallel negotiations while the
parliament remained seized with the matter.
Word has it that Foreign Minister Hina Rabbani Khar however put
brakes on this strategy by insisting that everyone must wait for the final
recommendations approved by parliament. Whether her stance was the
product of her desire to avoid facing the brunt of parliamentary wrath were
this strategy to be found out or a deliberate good-cop bad-cop routine
worked out by her own political bosses for the visiting senior US diplomat,
is a bit early to tell. But the net result was that the Americans did walk away
with the belief that things may have to wait till the final parliamentary
package on the issue.
Having said that, however, it isnt as if Islamabad is ignorant of the
significance of the Chicago meeting Only recently Pakistan had boycotted
the important Bonn conference and now that Pakistan is itself wanting to be
associated with the Chicago process, attaching pre-conditions would not
have served the reengagement process. Reportedly, the invitation to Chicago
has landed, coincidentally at right about the same time that the PCNS
finalized its recommendations. It seems enough ground has been created for
the US administration to send a respectful invite to Pakistan to turn up at
Chicago.
But policy conflicts arent exclusive to Pakistan alone. While Zardari,
Gilani and Khar may have their own little differences over the issue, it isnt
all that hunky dory in Washington either. Contrary to what the Americans
would have Islamabad believe, there are unmistakable signs that the State
Department and the US military establishment may not be on the same page
with the White House when it comes to Pakistan and the Afghan question.
On the critical question of drones, the CIA appears content on maintaining
the status quo with the drones hitting, the Pakis complaining, and ultimately
life going on as usual.
The military establishment and the State department are open to the
possibility of evolving some joint-control mechanism with Pakistan whereas
the normally placid Obama White House appears to have become the

262

harshest in its approach, understandably obsessed with its occupants interest


in an election year.
If the two sides can resolve the drone issue then all other aspects of
reopening NATO supply routes become tertiary in nature. And for that to
happen, the civil and military establishment will have to abandon absolute
lies and start sharing half-truths at least. It is obvious that at some very high
level of authority, a tacit or direct approval is being accorded by Pakistan to
the US drone programme. Had that not been the case then nothing barred the
government from taking the US to the international court for such blatant
violation of its sovereignty.
We need to have an honest policy on drones, instead of making
ridiculous suggestions such as replacing drones with F-16s. And a decent
beginning could be made if the civil and military leadership stopped lying
about their role and helped bring down the jingoistic emotional rhetoric in
the country.
Truth is the best defence of Pakistans future and not some defence-ofPakistan body sired from the loins of deception and intrigue. (Mohammad,
Malick, The News 13th April)
With open arms: So there we have it. A unanimous adoption of the
revised recommendations of the Parliamentary Committee on National
Security recommendations that are to foreign policy what a lemon is to a
hat. Perhaps the most striking thing about them is how little is different to
what went before. The NATO convoys are set to resume but there is to be no
over flight of arms and ammunition which was never there anyway.
Pakistan is to seek (note seek and not demand or else) a cessation of the
drone strikes. Seek we may, find we will not as Hillary Clinton has made
crystal clear in the last week. America will continue its drone strikes whether
we seek their cessation or not. The rules of engagement regarding drones
may get a refresher, but expect little beyond that. There are to be no foreign
bases on Pakistani soil and since the closure of the secret airbase from
which drones were flown in Balochistan there have been none anyway, so no
change there. Private security contractors or operatives are not allowed
either which will mean that the Americans will be a little more careful
about covert operatives than they were, in the hope of avoiding loose
cannons of a Raymond Davis type. Strict monitoring of all goods in transit
and entry and exit points will begin forthwith which at least has the benefit
of being newish and, if it can be attached to a system of taxation and transit
fees, might be of profit to Pakistan.
263

Pakistan is to seek (but again not demand) an apology for the Salala
incident which triggered the brouhaha in the first place and the signs are
that at some point America will accede to this and deliver a form of regret
that restores a little of our national pride and dignity. New protocols relating
to engagement are to be devised but these will be an update of existing
rules of engagement and Standard Operating Procedures rather than a
complete re-write. Hot pursuit is off limits for the Americans but it always
was which has not stopped them on the rare occasions when they have used
it and presumably will not stop them in the future. What will be new if ever
implemented in letter and spirit is that in future there are to be no more nodand-wink arrangements, unwritten and secret agreements, between Pakistan
and the US. The thing about this is that we would never know if it was or
was not being implemented so it looks good on paper and can safely be
ignored by either side at their convenience. The oil and gas pipeline projects
with Iran and Turkmenistan are to be actively pursued and we are to
continue a results-oriented dialogue with India. It is an impressive wish-list
and a cautious statement of intent, but hardly a policy document and the
nature of our relationship with the US remains a work in progress. The irony
is that after all the brouhaha progress is nowhere visible. (Editorial, The
News 14th April)
The price of PAKGLOC: They are becoming more desperate by the
day and with their desperation comes greater pressure on those who can
provide a safe corridor to approximately 130,000 soldiers, 70,000 vehicles
and 120,000 containers of war-time heavy equipment out of Afghanistan.
Logistics and hard economic considerations dictate that the corridor must be
the shortest possible route to sea, it should not involve too many changes in
modes of transport (rail, road, air), and it must be cheap.
One does not have to be a genius to calculate that PAKGLOC
(PAKistan Ground Lines of Communication) is the cheapest option. The
only other option, the so-called Northern Distribution Network (NDN), is a
3,100 mile network of sea routes, roads and rails, which is more than twice
as expensive, requires four times longer travel time under best conditions
and, most of all, it is fraught with political and physical risks as it involves
nine countries: Georgia, Azerbaijan, Kazakhstan, Uzbekistan, Kyrgyzstan,
Tajikistan, Latvia, Estonia and Russia.
Yet, all is not lost for NATO, at least not yet. NATO, or more
specifically, the US, knows that Pakistan will, sooner or later, open its land
route, they have enough horses on the ground to win this race. The question
is of who is betting and how much. And, then, they also have another option
264

in their plan B. It is this plan B that has recently seen diplomatic traffic
moving toward the Central Asian Republics, the closing of eyes on terrible
human rights issues in these republics, and even granting of several
concessions
Pakistani generals may have found a windfall in the attack on their
soldiers, and they are certainly aware of the fact that they hold the prized
route out of Afghanistan. Pakistans political leadership is, likewise, fully
mature in bargaining; for once, the country is in the right hands! Yet, it is not
price that the political leadership is interested in; it is the next five year term,
following elections in 2013, that is its main objective and a nod from the
United States, along with the most sophisticated rigging apparatus now
available, is what it is looking for.
There are signs that the ruling party may get what it wants as Zardari
is becoming increasingly confident, as if he has the results of the next
general election in his pocket; his recent aggressive statements betray that he
is in his best bargaining mode. In addition, this week, the US ambassador
has also met another old player in this dirty game and the man with the big
beard and bottomless stomach has once again entered the game of big
money. (Dr Muzaffar Iqbal, The News 14th April)
Insisting on drones: During the course of talks with Washington, the
Pakistan government would have to bring it home to the US Administration
that it is dealing with a sovereign country where an elected government is in
place. And Parliament represents the opinion of the people of the country,
which has made immense sacrifices, losing 40,000 lives and sustaining a
massive hit to its economy, not to talk of destruction of property it has
suffered. In addition, drones have killed nearly 3,000 men, women and
children. Barely 2.2 percent of the victims, according to the US own sources,
were the actual targets of strikes. These painful sufferings are proof enough
of Pakistans sincerity as a key ally in the war on terror. Besides, the drones
create a backlash turning peaceful citizens into militants who point guns at
not only Pakistan, but also the foreign forces fighting in Afghanistan. This
hardly serves the US purpose of winning the hearts and minds of the people.
Washington has previously given a cold response to the unanimous
resolutions of Parliament and the all parties conference opposing these
attacks. The US must respect its sensitivities; otherwise, with the widespread
opposition to drones in the country, even the friendliest government would
have no option but to react in a manner that would worsen relations between
the two countries. (Editorial, TheNation 15th April)

265

New rules in old bottle: The Parliament unanimously approved the


revised recommendations of its Committee on National Security for new
rules of engagement with the US last week. Despite its right-sounding
rhetoric, the list of recommendations, supposed to provide a guideline to the
government for renegotiating our relationship with the US, is a cruel joke on
the nation. Those who have stamped it with their approval, the entire lot of
our MNAs and Senators, would like us to believe that the list of
recommendations asserts our independence when it comes to foreign and
security policy, although it is clear that it does nothing of the sort. The much
talked about and lengthy review exercise has unfortunately concluded with a
whimper. Our proud Parliament has basically given cover to a resumption of
business as usual with the global badmash, completely disregarding the
popular opinion as well as the dangerous repercussions of their
spinelessness.
The aspect that exposes the non-seriousness of the list is that it
enumerates the recommendations without linking them together within an
integrated perspective; it is more of a wish list of isolated items with no
bearing on each other. So while the list talks about an end to drone strikes
and asks the government to seek an apology for the Salala attacks, it doesnt
make these important national demands a prerequisite for the recommended
resumption of NATO supplies minus weapons. This basically means giving
the servile PPP government the opportunity to move quickly on the
recommendations important to its sole superpower master, while forgetting
about the recommendations that are important to the nation that it is
supposed to represent. Why was the fulfillment of these core demands not
made a precondition for reopening the NATO supply routes through
Pakistan? Will the supplies be suspended if the drone strikes don't stop? The
guideline doesnt give us a clue.
Like the equally unanimous resolutions of earlier sessions of
Parliament and of the All Parties Conference convened after the Abbottabad
raid, the list of recommendations could become another eyewash So while
Parliament has attempted to play to the gallery of popular opinion, it would
not like to rock the sinking boat of the American project in Afghanistan too
much. The recommendations tell us that there is no military solution to the
Afghan conflict and efforts must be undertaken to promote a genuine
national reconciliation in an Afghan-led and Afghan-owned process. Yet,
there is nothing in the list of proposals that would steer the Afghan problem
in that direction. In fact, the bulk of recommendations reaffirms Pakistan's
supporting role in the US-led military solution. How else could one interpret
266

the resumption of NATO supplies to the occupation forces, despite the


qualification that no weapons would be transported through Pakistan?
Considering that thousands of NATO containers went missing on their way
from Karachi to Afghanistan and were not reported lost by NATO, will the
servile and inefficient PPP government be able to ascertain what is being
transported and what not through Pakistani territory? Besides, ensuring
supplies to the US-led forces, even if it is food and booze, amounts to
assisting their war against the Afghan people.
The problem with the recommendations for new rules of engagement
with the US is that there is nothing new about them other than a few
deceptive slogans that attempt to conceal the essentially subservient nature
of our engagement with the menacing superpower. There is no attempt to
redefine our understanding of the American occupation of Afghanistan and
create a strategy for ensuring a speedy withdrawal of foreign troops from the
country. Unfortunately, our leadership has resigned itself to its role as a
supporting actor in this gory drama. Instead of writing our own script and
creating an independent vision for establishing peace in Afghanistan, we
continue to tag along with the US game plan. When they attempt to redefine
our engagement, our leaders don't question the basic premise of the
relationship. They know only to beg for the mercy and kindness of a
monster. Has it ever worked?
The list of recommendations is a sorry reflection on the state of our
political leadership that is unable, and unwilling, to articulate the interests
and aspirations of the people of Pakistan. Those claiming to represent us are
obviously more interested in staying on the right side of the superpower,
even if it is out to destroy us. (Jalees Hazir, TheNation 15th April)

Iran
Six ways to measure progress in Iran N-talks: In addition, the two
sides distrust each other deeply, and their negotiating styles differ
fundamentally. The Americans doubt that the Iranians ultimately can
deliver on any deal, and Irans leadership has similar doubts about
President Obamas capacity to deliver in an election year. Given these
complexities, it wont be easy to assess the progress of the coming talks. But
we can suggest benchmarks:
Oil prices: The oil market is exceptionally sensitive to the possibility
of a military escalation in the Persian Gulf; the traders who set prices tend to
be sophisticated, with sources of information among policy makers. Global
oil prices, which have been above $100 a barrel all this year, are widely
267

believed to reflect a risk premium of $20 to $25. Any significant decline in


that premium following the new negotiation round would reflect optimism
about the course of diplomacy.
It would also further weaken Irans economy putting even more
pressure on Iran to negotiate seriously while helping distressed Western
economies and helping President Obamas chances of re-election.
Access for verifiers: One urgent concession required of Iran is that it
grants the IAEA far greater access to its nuclear plans, facilities, records and
personnel. In the absence of this, most other steps would ring hollow,
making it unlikely that sanctions on Iran would be phased out a goal high
on Irans list of demands. Since time would be needed to test Irans sincerity
about disclosures, and its cooperation with the atomic energy agency after
years of delay and deceit, Irans willingness to undertake such steps early on
would both be a prerequisite for, and a signal of, progress on the
negotiations.
The bargaining issues: If the focus of talks remains stuck on an
attempt to resurrect an earlier deal to trade a foreign supply of nuclear fuel
for Irans agreement to ship its existing stockpile of enriched uranium out of
the country, the diplomatic process will be headed in the wrong direction.
Such a deal would fall short of what Iran and its counterparts across the table
need in order to end the crisis. Anything less than early Iranian gestures on
suspending higher levels of enrichment and conducting enrichment outside
its commercial facility at Natanz would most likely doom the negotiations to
failure. So would a refusal by the other side to suspend the implementation
of new sanctions if Iran extended such gestures.
US-Iran dialogue: In earlier rounds, Iran usually resisted conducting
parallel direct discussions with the United States on the margins of the sixparty talks. Yet such one-on-one dialogue is essential for success. Iranian
willingness to relax its position, and American willingness to sustain
bilateral dialogue in an election year, could indicate a prospect of resolving
the nuclear crisis.
Frequency and duration of meetings: Previous unproductive
negotiating rounds have been truncated and followed by long pauses. Such
pacing would be inconsistent with the urgency of this round. Anything but
frequent and prolonged negotiating rounds (though some might be
unpublicized or employ back channels) would indicate that the negotiations
were headed for failure.

268

A summer deadline: Sorting out all the issues associated with Irans
nuclear program, let alone other issues that include Afghanistan, Iraq,
support for terrorism and human rights, would take a long time. But in the
absence of visible progress by the end of June, new sanctions will go into
effect, making it even more painful for Iran to negotiate under pressure.
Israel would be likely to conclude, in such a case, that the only option left
was military. Diplomacy, in other words, has 11 weeks to yield results. Still,
it is not unrealistic to think that most of the criteria described here could be
met in the first round of renewed diplomacy if Iran and its counterparts are
determined to move from crisis to problem-solving.
Much more work would remain to be done, but the momentum toward
war and economic hardship could at the very least be suspended. (Mark
Hibbs, Ariel Levite and George Perkovich, TheNation14th April)
The threat perception: Possible Contingencies: The peaceful
solution: The P-5+1 and Iran bring the issue to an amiable closure. Most
preferable! War contingency 1: Under unrelenting Israeli/domestic Jewish
pressure, the US-NATO-Israel combine attacks Iran. Likely! War
contingency 2: Israel carries out a unilateral pre-emptive strike - at a time
and place of its own choosing. By default, the US-NATO will get sucked
into the war. Most likely!
The Timing: Option 1: The US/Israel/NATO combine attacks Iran
before the US/ISAF/NATO pull out completely from Afghanistan. The risk:
dissipating war effort in two theatres! Option 2: The US/NATO/Israel
combine attacks Iran after the completion of withdrawal of the occupation
forces from Afghanistan. The risk: attacks delayed to 2013-14, allowing Iran
more time to further enhance and secure its nuclear programme.
Furthermore, President Barack Obama would like to derive maximum
electoral benefit from the timing of his decision to either attack Iran or bid
for a peacefully negotiated solution. The world awaits his moment of truth
with abated breath!
Modus Operandi: Option 1: Strategic bombings but it must be kept
in mind that even repeated bombings will not destroy or retard the Iranian
nuclear programme decisively.
Option 2: Amphibious/ground/airborne attacks a massive and
debilitating air campaign will create the strategic environment for the
ground/amphibious attacks. Multipronged attacks from the Persian Gulf,
Iraq, Afghanistan and even Balochistan, Pakistan (Jundullah!) will force Iran
to fight on multiple fronts. Simultaneously, airborne troops will be inserted
269

to seize its various strategic and nuclear installations. Its internal front will
also be subjected to powerful upheavals at the same time. Thus, strategic
pulls will be created in multiple directions to cause operational paralysis
leading to defeat.
The Regional Response: Some of Shiite Islams holiest places are
located in Iran. Any type of attack on it will motivate or compel the regions
Shiites (and anti-US-Israel groups) to rise and fight for it radicalizing the
GMER (Greater Middle East Region) permanently!
Irans Possible Response: The centre of gravity of Irans response will
rest in safeguarding its nuclear programme. The Iranians are likely to adopt a
largely indirect approach. In a multi-pronged strategy, they will aim to
disrupt the production and supply of oil from the GMER to the world right at
the outbreak of hostilities and prolong it indefinitely to generate meaningful
effects on the global economy.
Concurrently, they will mobilize all regional and global Shiite
populations (and anti-US-Israel groups) into a regional-global Jihad to
support their war effort by all possible means physical, material, cyber,
intellectual, informational, financial and economical. The longer these global
effects last, the stronger will be the pressures they generate on the USNATO-Israel combine and their operational plans.
The Operations: The Iranian Armed Forces (IAF) will try to pre-empt
the US-led coalition by blocking/mining the Straits of Hormuz (SOH) at the
outset, snuffing out 20-30 percent of the worlds oil supplies.
Simultaneously, IAF and non-state actors/Shiite elements will start
operating all over the GMER targeting oil infrastructure refineries, ports,
terminals, tankers, oil and gas fields and pipelines, etc aiming to hamper the
production and transportation of oil. Thus, the global oil supplies will get
disrupted not only at the SOH, but also at the sources of production,
pipelines, ports, transportation terminals etc. The impact will be colossal and
will rise exponentially with time, devastating the global economy!
Furthermore, predominantly Shiite and other anti-US- NATO-Israel
groups in Lebanon, Palestine, Iraq, Bahrain, Kuwait, Saudi Arabia, Pakistan,
Afghanistan etc will get motivated to join the Jihad in Iran! There will be a
mass movement of religiously inspired pro-Iran Shiites and other anti-USNATO-Israel factions pouring into Iran from all over, in particular from Iraq,
Afghanistan and Pakistan. Even the remnants of the Taliban may decide that
their hatred of the US-NATO-Israel combine outweighs all other
considerations, including sectarian ones, and join in!
270

Dj vu! Quite like the mujahideen, who gravitated to AfghanistanPakistan in the 1980s to fight the godless USSR this time around the
warriors will congregate to fight the Great Satan and his disciples in Iran,
the GMER and the world at large! This Jihad in Iran will have the potential
of eventually morphing into a massive conflagration, sucking in people from
all across the GMER and the world into a global cauldron of fire. World War
III??? The USA and the world, beware! (Imran Malik, TheNation 15th April)

India
Pak-India relations: Post-Zardari visit, it would be in order to
visualize the future prospects of Pak-India relations. Both the leaders
reportedly agreed to inch ahead, in their words, take a step-by-step
approach towards normalization. Viewing the steps so far taken since the
composite dialogue process began early 2004, one finds that, though some
moves have been made that could fall under the definition of
normalization, not even a relatively minor dispute, let alone the core issue
of Kashmir that is of major concern to Pakistan, has inched any closer to
solution. Meetings after meetings have produced thoroughly banal
statements of constructive and fruitful dialogue having taken place. The
reality instead is that disputes have become more complicated, with Kashmir
giving birth to the illegal diversion of waters by India, threatening the very
survival of Pakistans economy. None of Islamabads legitimate concerns
have been addressed; rather, acts of terrorism falsely blamed on Pakistan
the abortive attack on the Indian Parliament and the Mumbai massacre, for
example have, in the eyes of New Delhi, assumed priority over all
otherwise pressing issues. In all this, the Indian strategy of raising new
bogeys and endlessly moaning about them to overshadow other disputes is
clearly discernable. If anything, Islamabad has ceded ground, the latest
instance being the decision to grant the Most Favoured Nation status to
India.
The Presidents Sunday visit, termed by Prime Minister Gilani part of
track-II diplomacy, squarely falls in line with the above assessment.
Common desire to normalize relations has been followed by pointing
fingers at Hafiz Saeed but not proffering any legally sustainable evidence of
his involvement in the Mumbai incident. And the media hype about the
acceptance of Mr Zardaris proposal to Dr Singh to visit Pakistan would
automatically stand deflated since Indian official sources have maintained
that the visit will only take place after the dialogue process between the two
countries makes significant progress. In any case, those hoping for a

271

breakthrough or even some progress on issues of vital concern to Pakistan


during the Indian Prime Ministers visit were living in a fools paradise.
Prime Minister Gilanis revelation that China, citing its own example,
prompted Pakistan to expand trade relations with India must be judged in a
different perspective. Beijing, with a larger economy (probably, already the
largest in the world having left behind the US, according to some experts)
producing cheaper goods could afford to develop commercial ties with New
Delhi, even though it also has disputes with it. Its goods have flooded the
Indian market to the consternation of local industrialists and protests against
China for dumping them. But Pakistan is a different kettle of fish. Starved
of water and power and industrial units closing down, its merchandise is not
up for grabs in the competitive market of today. And adding bias to the
potion would make them lethal in the eyes of the Indians. Only their goods
would flood our market sounding a death knell to our industrial dream.
(Editorial, TheNation 10th April)
Zardari in India: Making peace with India is a long-term project
and many more such visits would be needed for making meaningful progress
for achieving the objective. Expecting any breakthrough in one such visit
was, therefore, unrealistic. Commentators who described President Zardaris
visit as a photo session with Prime Minister Manmohan Singh werent really
off the mark.
In terms of the visits outcome, the Indian prime minister once again
accepted an invitation to visit Pakistan at an opportune time, which
Manmohan Singh once explained as an occasion when there would be
something to offer and celebrate in terms of their troubled relationship.
In Indias view, this would require Pakistans cooperation in bringing
the perpetrators of the November 2008 Mumbai attacks to justice. The US
announcement of $10 million reward for the capture of Hafiz Saeed for his
role in the Mumbai carnage is the latest twist to the Indian quest for
punishing those who attacked its commercial hub and killed 166 people.
As Pakistan wont be able to do what India is demanding, it could
further delay Manmohan Singhs visit or achieve little even if it eventually
took place.
The lure of an emotional visit to Gah, the village of Manmohan
Singhs birth near Jhelum, hasnt been able to bring him to Pakistan as he is
more concerned about his countrys interest instead of his own.

272

As a Sikh he too could have come to Pakistan on a pilgrimage because


Sikhisms most holy places are located here but he chose not to do so.
The release of 80-year old Dr Khalil Chishti, being held in Ajmer in a
1992 murder case, also seems unrelated to President Zardaris visit to the
city as he was freed on the orders of Indias Supreme Court on humanitarian
grounds and his case was highlighted by human rights activists and the
media. There are now reports that Pakistan could free the Indian spy, Sarabjit
Singh.
A substantial point that emerged from the Zardari-Manmohan Singh
talks was their reported willingness to reinforce the India-China model
under which trade relations would be strengthened while contentious issues
such as Kashmir would be resolved using a step-by-step approach. This
model is already being followed as Pakistan has finally given the most
favoured nation status to India and is keen to enhance commercial ties with
it.
Just like China and India strengthening their trade ties at great speed
while refusing to give an inch in context of their border and other disputes, it
seems India and Pakistan are prepared to take the same route. Kashmir,
Siachen and even Sir Creek may not be resolved in the near future, but trade
would pick up and there would be greater incentive to make peace.
(Rahimullah Yusufzai, The News 12th April)
Junket amid tragedy: It seems that President Zardaris heart is in
the right place, but it would have done a lot for his already high popularity
if he had postponed the visit by a day, as a mark of respect for the more than
one hundred citizens of Pakistan who were killed after an avalanche hit their
camp in Siachen on Saturday. Incidentally, under the Constitution our dear
president is Supreme Commander of the Armed Forces. He should have
been in the country on this grim occasion to show solidarity with the
mourning families of the victims.
Democracy is not all about revenge; it is also about the people. And
democratic governments usually take pains to gauge the pulse of the people
before taking decisions, especially when they are as big as a visit to India.
The president clearly forgot to do that when he and his entourage boarded
that plane for New Delhi. Let us hope that next time his team of advisors
will see to it that such an omission does not recur. (Lubna Jerar Naqvi, The
News 12th April)
No victors: The following conclusions are, thus, drawn. A durable
solution to the Siachen issue is linked to resolution of the Kashmir dispute
273

consistent with the relevant UN Resolutions. However, demilitarization of


Siachen should occur early owing to the mounting human losses occurring
as a consequence of environmental hazards.
Besides being the highest battlefield, it is perhaps among the costliest
in terms of human lives lost for non-combat reasons, considering the troops
to mortality ratio. Early demilitarization should also occur for preserving our
common environmental heritage and for promoting water security. Then
there is the issue of enormous costs associated with maintaining troops at
high altitudes.
It may, therefore, be apt to conclude that there are no victors in the
Siachen battlefield and we all stand to lose, as hostages to our past history.
(Kamran Shariff, The News 13th April)
Zardaris Delhi yatra: In actual effect, nothing visible happened at
the Delhi luncheon meeting. No new ground was broken. One would be best
advised not to be overenthusiastic about this development or overoptimistic
about its prospects. One thing is clear. Given the troubled history and
complex nature of India-Pakistan relations, no single event in bilateral
settings will ever bring about any change in the actual course of this
complex relationship. Only a process of engagement with seriousness of
purpose on both sides will bring genuine breakthrough in India-Pakistan
logjam
In the ultimate analysis, however, the success of this process would
depend entirely on the freshness of political approach that political
leadership on both sides would be ready to bring in with sincerity of
purpose. There will be no quick fixes, and we should be ready for a longdrawn-out process which must not be interrupted by change of governments
or personalities on either side nor should it be subjected to the vagaries of
domestic politics.
Both countries must recognize that in todays world there will be no
military solution to their problems. They must reduce mutual tensions and
encourage forums in media and civil society to reinforce the lobbies in both
countries for peace and stability. Kashmir remains the overarching factor
casting a shadow on the prospects of peace in the region. A solution of the
Kashmir dispute will have to be pursued in a manner that is acceptable to
both India and Pakistan and to the people of Kashmir.
This requires continuation of the composite dialogue to build up
trust and confidence and develop mutually beneficial cooperation which
would facilitate progress towards the resolution of disputes. Depending on
274

progress on Kashmir and in mutual confidence-building through nuclear and


conventional restraint, the two countries in due course could also explore a
long-term mutually agreed mechanism for conflict-prevention, conflictresolution and peaceful settlement of disputes.
For Washington, instead of cheering India-Pakistan overtures from the
sidelines, it would be more befitting if its own engagement in the region was
reoriented towards promoting strategic balance rather than disturbing it. If
the turbulent political history of this region has any lessons, the US
engagement must be geared towards developing a sense of security and
justice in this region by eschewing discriminatory policies in dealings with
India-Pakistan nuclear equation, the only one in the world that grew up in
history totally unrelated to the Cold War.
Washington unfortunately has its own priorities for this region as part
of its China-driven larger Asian agenda which is based on bolstering Indias
military and nuclear power as a counterweight against China. It must
understand what we need in this region is not the induction of new
destructive weapons and lethal technologies but consolidation of peace,
stability, development and democratic values that we lack so much. South
Asia needs stability through balance, not asymmetry of power. Also the risk
of a Pakistan-India proxy war in Afghanistan is fraught with perilous
implications for regional and global peace and must be averted at all costs.
(Shamshad Ahmad, The News 14th April)
Self-evident, unvarnished: It seems that Mian Shahbaz too has
fallen prey to the Indian propaganda that trade is mutually beneficial, even
though the trade gate he went to inaugurate was supposed to accommodate
increased trade following Pakistans grant of Most Favoured Nation status to
India, a step widely expected by experts and industry insiders to open the
floodgates in Pakistan for Indian goods, and boost Indian exports, while
destroying Pakistani commerce and industry. It is significant that the Chief
Minister mentioned that if load shedding was destroying Pakistani industry,
it was our own fault, as India has offered to sell Pakistan electricity, and thus
establish a stranglehold on Pakistani industry. India has been backing all
those opponents of power plans, the Kalabagh Dam Project being a prime
example, which would have saved Pakistan the ignominy of going cap in
hand to India.
Those who negotiate with Pakistan should be clear about one thing,
and should resist all blandishments to the contrary: that Pakistan must
provide diplomatic support to the struggle of the people of Kashmir. That
275

implies not just that they accept the reality that they must also argue for the
people of a state identified as Pakistans jugular vein by its Founder, but it
must also keep in mind the insincerity and duplicity of its interlocutor, India.
Nothing proves this duplicity more than its continued illegal occupation of
Kashmir, which indeed must end if the two nations are to end the decadeslong enmity if their peoples are to get the true fruits of independence, that
Mian Shahbaz spoke about. (Editorial, TheNation 15th April)
Visit to shrine: The practice and tradition to visit the mausoleums of
sufi saints is well entrenched in our society and people usually go there
when they face some dire problem. For instance, when people are possessed
by a devil and are suffering from recurrent episodes of epilepsy, they would
visit a shrine, pray for themselves and ask forgiveness. Now of course, our
President does not suffer from any such ailment. If he did, we must have
heard of some pandemonium in the President House.
Secondly, when people have no children, they would visit a shrine and
pray for it. This also is out of question. There are, by the grace of Almighty,
three beautiful kids of the President.
Thirdly, when there is some hurdle in ones marriage, one would
consult a sufi saint and pray for it. One is not sure if that is the case with the
good guy. But then, it was a personal visit. Who knows?
Lastly, it might be that he is asking the guidance of Khawaja Gharib
Nawaz, for solving the problems of the country. That is possible! As,
apparently, there seems no solution at all to the hordes of issues our poor
nation faces. (Sami ur Rahman, TheNation 15th April)
Melting the Siachen ice: An extension of Indian hegemonic designs,
the Indian occupation of the Siachen glacier remains an act of blatant
aggression Notwithstanding the considerable common ground that should
facilitate movement on Siachen, the Indian posturing has not been very
encouraging; in fact, the later rounds of talks have indicated a marked degree
of inflexibility in the Indian stance. Instead of rolling back aggression from
Siachen, the Indians have insisted upon verifying the existing positions of
opposing forces stationed at the glacier; introducing; in addition to
international boundary, working boundary, LoC, and CFL, a new term in the
lexicon on Kashmir called the Actual Ground Position Line (AGPL). For
Pakistan, these demands are unacceptable because once this line is
acknowledged it would be tantamount to validating the Indian aggression in
Siachen and by extension in Kashmir as well. While it is desirable that
sufficient flexibility be exhibited by Pakistan in resolving the Siachen
276

dispute by making concessions that would prevent costly loss of life, it is


another matter to agree to mark an Indian dictated line in Siachen and for
good reasons.
Indias aggression in Siachen is a military blunder, which needs to be
retracted to avert the senseless loss of life and stop the hemorrhaging of
resources. There is a dire need to demilitarize this conflict zone. In such a
scenario, a major role can be played by the UNMOGIP (UN Military
Observers Group in India and Pakistan) observers in demilitarizing the
treacherous landscape. These observers, who are mandated by the UN under
the authority of a UNSC resolution to monitor the CFL, are present on
ground and can perform a positive and active role in overseeing
demilitarization of the Siachen glacier and assuming a post evacuation
supervisory role. Perhaps, this is the only way of melting the glacial ice of
frigid Indian hostility in Siachen. (Momin Iftikhar, TheNation 16th April)
Beating the peace drums: A little more than a week ago, a battalion
headquarters of the Pakistani army in the Gayari sector of Siachen was
suddenly buried under a nearly 20-metre-thick mass of snow, ice, slush and
boulders after being hit by a massive avalanche... While a nation unified in
grief waits anxiously and prays for news of survivors, our political
leadership has shown a remarkable degree of detachment from this
monumental tragedy. They have offered few words of solace to the families
of the missing persons and hardly any expression of appreciation for the
incredible sacrifices being made by our soldiers who daily brave murderous
conditions of weather and terrain to keep the country safe from further
incursions by a not-too-friendly neighbour.
Zardari and Gilani have contented themselves with issuing routine
statements through the press-of the kind that would be made if some natural
calamity were to hit a remote Pacific island. Neither of them has appeared in
person to offer comfort to the families of the victims, most of them from
Gilgit-Baltistan and Azad Kashmir, or express our admiration for the
fortitude of our soldiers in the highest battlefield of the world.
Some members of our civil society and the liberal sections of the
media have also failed to acknowledge the debt we owe to the troops who
guard national territory in Siachen. One of them, the head of the South Asian
Free Media Association (SAFMA), has called for a unilateral Pakistani
withdrawal from the area. Why should we be going for an agreement (with
India)? We should just withdraw, he is reported to have said. If we do that,

277

Indian domestic pressure will also result in a withdrawal there. Can there be
anything more nave?
There is of course a host of reasons human, financial and
environmental why both countries should withdraw from Siachen without
waiting for a resolution of the bigger Kashmir question. About 8,000
soldiers from both sides are estimated to have died since 1984. Most of these
deaths, about 70 percent, were from the near-Arctic weather conditions and a
treacherous terrain beset by landslides and avalanches.
The financial burden of the deployment is also hugeThe
environmental damage caused by the troop movements, training exercises
and building of infrastructure is not only local but affects also the entire
population downstream Despite all these reasons, negotiations between
the two sides on a mutual withdrawal from positions occupied since 1984
have been at an impasse because of Indian insistence that Pakistan should
authenticate the Actual Ground Position Line, on the map as well as on the
ground. Pakistan is not ready to do so as it would amount to recognizing the
Indian incursion. After Gayari, some Indian security analysts are hoping that
Pakistan will now soften its position.
Only a day after the Gayari calamity, Zardari landed at New Delhi
grinning from ear to ear-accompanied by young Bilawal flashing a V-forvictory sign-to visit Ajmer. He had a luncheon meeting with Manmohan
Singh in order to pursue his very personal agenda of normalization with
India, so personal that even the foreign minister was not included in the
delegation. That agenda, which is very much in accord with Indias and
Washingtons priorities in relations with Pakistan, has two principal
elements: (a) establishment of normal trade and economic relations and the
promotion of enhanced people-to-people contacts between the two countries;
and (b) a settlement of Kashmir on the lines of that which Musharraf was
negotiating with Manmohan Singh through the backchannel.
Zardari has already delivered in a big way in the first of these two
areas To nudge Pakistan to take further steps to expand bilateral economic
exchanges, Delhi has now announced a decision in principle to allow direct
investment from Pakistan. Indias next target in the economic field is to get
Pakistan to open the land route to Indian exports to Afghanistan and Central
Asia. It would be safe to conjecture that this subject came up in the ZardariManmohan meeting and that Zardari was amenable.
As regards Kashmir, Indias keenness to resume the backchannel
dialogue held from 2004 to 2007 during Musharrafs rule is no secret. The
278

settlement that the two sides were then negotiating would have set aside
the UN Security Council resolutions and legitimized Indias occupation of
two-thirds of the state in return for some concessions by India of very
dubious value, which, besides, would also be easily reversible.
Those who argue in favour of a settlement on these lines, as
Khursheed Kasuri does endlessly, contend that there is no alternative
because there cannot be a military solution. They are only partly right. There
cannot be a military solution. But there is another-better-choice open to
Pakistan and the Kashmiris than legitimizing Indias occupation. That option
is to maintain the current international status of Kashmir as disputed
territory till thetime when Kashmiris will have azadi might seem distant
but it will surely come because the age of colonialism is dead, much though
India may want to keep it alive in Kashmir.
After the ouster of Musharraf in 2008, both Zardari and Manmohan
Singh were interested in resuming the backchannel negotiations on Kashmir.
But the suspension of bilateral dialogue by India after the Bombay terrorist
attacks in November ruled that out This is a subject that is sure to have
come up in talks during Zardaris visit. It is significant that BJP leaders were
present at Manmohan Singhs luncheon meeting with Zardari. So was S K
Lambah, the Indian envoy to the backchannel negotiations.
Both Pakistan and India need an atmosphere of tranquility in the
region in order to concentrate on their economic and social development, but
peace will not break out by the two sides beating the peace drums. Peace
will only come if there is the will to find equitable solutions to bilateral
disputes. (Asif Ezdi, The News 16th April)

REVIEW
Boycott of PCNS by PML-N and JUI-F delayed the finalization of
recommendations regarding revisiting Pak-US ties and framing new terms of
engagement. The PML-N chief, Nawaz Sharif was charmed by Gilani to end
the boycott. Somehow the Saint has succeeded every time when he tried to
woo the turnip; the association of Zia era, when both of them were in the
government, seemed to be still intact and delivering.

279

The case of Fazlur Rahman was, however, not only voluminous but
also tedious. Cameron Munter met Fazl but could not convince him on
ending the boycott so that NATO supplies through Pakistan could be
resumed as early as possible. Perhaps, the two could not bargain the price.
Then, where Munter failed, Zardari succeeded. The Scoundrel invited the
Maulana over a feast and the latter agreed to end the boycott; Shaikh
Rashid aptly remarked where mantar fails, chho-mantar works.
The representatives of the people of all the hues, which decorate the
two houses of the Parliament, confirmed by adopting a toothless resolution
that they care for American interests far more than the sentiment of the
people whom they represent. After the adoption of this resolution the
business as usual is likely to restart in the context of the Crusades in and
around Pakistan.
Taliban in Afghanistan launched the annual summer offensive by
simultaneously carrying out attacks in Kabul and three other provinces.
These attacks also coincided with a jail-break in Bannu that resulted in
escape of all prisoners. These attacks certainly promised tough summer for
the Crusaders and their allies.
16th April, 2012

IN THE REGION-V
Sundays suicide attacks by Afghan Taliban in Kabul and three other
provinces across Afghanistan and jailbreak in Bannu in Pakistan kept
echoing during the week. The attacks across Afghanistan provided yet
another justification to the occupation forces of the US and NATO to
280

prolong their stay suitably reduced in financial terms but with enhanced
lethality.
Bannu jailbreak has been a major setback for the Pakistani enthusiasts
of waging war against terrorism, especially for the red-cappers of KPK.
They could do no more than instituting inquiry commissions. Americans,
however, rushed to Peshawar to get list of prisoners which escaped as result
of the jailbreak, reportedly, the information was denied.
Nawaz Sharif became the first politician to go to Skardu and fly over
Gayari, but he could not get the intended political mileage. He wasted the
opportunity by talking loosely about presence of Pakistan Army on Siachen
Glacier. Zardari also flew over the site of avalanche tragedy and decided not
to pull out troops unilaterally, but announced his designs to open Sulemanki
border crossing for trade with India.

NEWS
Pakistan: On 16th April, 12 militants were killed in shelling of
gunship helicopters in tehsil Bara. Six militants were injured and five
suspected hideouts of the militants were destroyed. Militants denied the
claim of killings saying not a single armed man on their side had been killed
in the action.
A hand grenade attack on a school in Peshawar killed a six-year old
child and wounded two other children. People in different areas of Upper Dir
voluntarily handed over heavy weapons to security forces to help the
government purge the area of weapons. The weapons included anti-aircraft
and heavy machine guns and rocket propel grenades.
The KPK government made four senior officers including
Commissioner Bannu Division Officer on Special Duty (OSD) and
constituted a five-member commission for the inquiry of the incident of
attack on Central Prison Bannu. The committee would complete and submit
the inquiry report within 15 days. Meanwhile, Interior Secretary informed
that a total of 384 detainees have escaped from the Central Prison of Bannu,
in which 66 prisoners have returned while the escaped detainees also include
21 serious offenders.
The Sundays attacks carried out by Afghan Taliban against the USled multinational occupying forces impelled Hillary Clinton to speak her
Pakistani counterpart Hina Rabbani Khar, seeking vital cooperation between

281

Washington and Islamabad in counterterrorism. Clinton called for joint


actions by the United States and Pakistan as their shared responsibility to
confront militants following the latest attacks in Afghanistan. However,
Foreign Minister Khar while condemning the cowardly attacks emphasized
the need for a political solution of the conflict and reiterated that Pakistan
was committed to an Afghan-owned Afghan-led reconciliation process.
President Zardari strongly condemned the terrorist attacks in Kabul
and other parts of Afghanistan. The president also expressed condolence
over the deaths of members of Afghan security forces and civilians in the
deadly attacks. Meanwhile, President Zardari and Chief of Army Staff
canceled their visit to Siachen due to inclement weather conditions. A visit
of media team to Gayari organized by ISPR was also canceled.
Next day, the DCC gave approval to the revival of long-term and
multi-faceted relations with the United States, strictly in light of the
guidelines given by the Parliament. It was decided that a work-plan would
be developed for effective implementation of the parliamentary guidelines
based on Pakistans national interests. The DCC reaffirmed that there would
be no compromise on Pakistans nuclear programme and agreed that
government may seek international civilian nuclear cooperation.
The Swiss and German teams, after completing their assigned task of
assisting search and rescue mission, went back to their counties. Meanwhile,
the Norway and US Teams are at Gayari to assist the ongoing rescue
operations. The rise in temperature has increased the chances of slides.
On 18th April, Sherry Rehman said that Pakistan has no connection
with the terrorist organizations that are creating unrest in the region. Sherry,
in an exclusive interview to a private news channel, said that the US has
expressed concern about its defence, but Pakistan too has red lines that
should not be crossed. She said both countries should work as partners in
order to normalize the relations.
Sherry condemned recent attacks in Afghanistan and said that
Pakistan stands along with their Afghan brothers in the difficult situation.
She said Pakistan should not be held responsible for the recent deadly
Afghanistan attacks carried out by militants. Pak-US needs to build up
confidence in relations among themselves, she said, adding, that Pakistan
bears a loss of $78 billion in the war against terror.
Next day, at least seven militants were killed and more than a dozen
others injured in clashes with security forces in different areas of Kurram

282

Agency. The security forces flushed the militants out of the area and took
control of Jogi and its adjacent areas.
Cameron Munter parried a question by resorting to a joke. What
magic did you play on Fazlur Rehman and leaders of other political parties
to persuade them to evolve consensus on parliaments recommendation,
asked a private TV channel reporter. Cameron avoided answering the
question, saying meaning of his name in Urdu language was Jantar Mantar
(magician).
On 22nd April, Home Secretary of KPK said that out of 384 prisoners
who had fled 108 returned to Bannu jail voluntarily while 35 others had
been arrested. He added that four teams had been constituted to ensure the
capture of all the escaped detainees whereas the authorities in Bannu had
contacted the law enforcement agencies and authorities of various districts
and tribal areas via the provincial government. Meanwhile, Husain Haqqani
said that some elements are threatening him on social networking websites.
The former envoy has also lodged a complaint and submitted proof in US
Federal Bureau of Investigation (FBI) to track the culprits.

Afghanistan: On 16th April, Hamid Karzai blamed intelligence


failures, particularly on the part of NATO forces supporting his government,
for the worst coordinated insurgent attacks in 10 years of war. Karzai praised
the rapid response by Afghan security forces, saying it proved to the people
that they can defend their country successfully.
Karzais office said 36 insurgents were killed in the attacks which
paralyzed Kabuls government district, and which targeted three other
provinces in what the Taliban called the start of a spring offensive. One
fighter was captured. Eleven members of the Afghan security forces and four
civilians were killed in attacks in Kabul and the eastern Nangarhar, Logar
and Paktia provinces, it said.
Assisting physically for the first time in the attack, NATO helicopters
launched strafing attacks on gunmen in the building site, which overlooked
the NATO headquarters and several embassies, including the British and
German missions. Elite Afghan soldiers scaled scaffolding to outflank the
insurgents, who took up defensive positions on the upper floor of the halfbuilt structure.
A Western diplomat with security expertise told AFP: I dont share at
all the optimism of NATO or the Americans. Its true that they did it better
than in the past there is progress but still, to build up so many attacks and

283

being able to launch them simultaneously demonstrates clearly (the


Talibans) ability to strike where and when they want, he said on condition
of anonymity.
9The US, British, German and Japanese embassy compounds came
under fire as militants attacked the citys diplomatic enclave and tried to
storm parliament, sparking a gun battle as lawmakers and bodyguards fired
back from the rooftop. Outside the capital, militants attacked government
buildings in Logar province, the airport in Jalalabad, and a police facility in
the town of Gardez in Paktia province. The attacks marked the biggest
assault on the capital in 10 years of war in terms of their spread and
coordination, observers say.
The Pentagon said a major attack on Afghan government buildings,
military bases and foreign embassies was likely carried out by Haqqani
militants who operate from sanctuaries in neighbouring Pakistan. It was not
surprising that insurgents had launched an attack with the advent of spring,
when fighting usually escalates in Afghanistan. We thought something like
this may very well happen and it did, spokesman said.
Hamid Karzai was moved to a safe area and his palace went into
lockdown as Kabul was hit by a wave of attack. A meeting with a delegation
of Hezb-i-Islami, an insurgent group led by former Prime Minister Gulbadin
Hekmatyar, now holding peace talks with Karzai was canceled.
Next day, Australia said it will bring its troops home from Afghanistan
a year earlier than planned with most soldiers withdrawn in 2013 after
significant security gains over the past 18 months. Prime Minister will take
her pull-out timetable to a NATO summit in Chicago next month.
Hamid Karzai called the Taliban brothers and reached out to them to
do more for the good of the country after the insurgents carried out multiple
attacks in Kabul and elsewhere at the weekend. The deadly strikes on
parliament, Kabuls diplomatic quarter and three provinces, had only
prolonged the foreign presence in Afghanistan reviled by the Taliban, and
hurt economic and security confidence, Karzai said.
Karzai said he would not stop calling the Talib brothers. He has laid
most of the blame for the Taliban assault on NATO and his governments
Western backers for the failure of intelligence agents to prevent it. Karzai
said the country is struggling yet again to progress in education and develop
socially. Last week hopes for a peaceful settlement were boosted when the
government appointed the son of slain statesman and northern Afghan leader

284

Barhanuddin Rabbani to replace his father and lead the High Peace Council,
charged with reaching out to insurgents.
About 150 Afghan schoolgirls were poisoned after drinking
contaminated water at a high school in the countrys northern province of
Takhar; conservative radicals opposed to female education were blamed.
None of the officials blamed any particular group for the attack, fearing
retribution from anyone named. Two Afghan army soldiers were killed and
four people injured in a roadside bombing in southwestern Nimroz province.
On 18th April, NATO allies sought to ensure a smooth withdrawal
from Afghanistan and reassure Kabul that the West would financially back
Afghan forces once foreign combat troops are gone in 2014. Hillary Clinton
and Leon Panetta met with their European and Canadian counterparts as the
alliance fine-tunes the final phase of a pullout from the increasingly
unpopular war.
NATO ministers discussed the future size and funding needed to
sustain Afghan security forces after 2014, estimated at $4.1 billion a year.
We will play our part and pay our share in sustaining Afghan security forces
at the right level in the years to come so they can keep their country strong
and secure in the future, said NATO Secretary General. Although the figure
was endorsed by Afghan authorities and the international community, he said
no final decision would be made at the two-day meeting in Brussels and that
discussions would continue in Chicago.
Hamid Karzai had said he wanted the United States to commit on
paper that it would provide at least $2 billion a year after US combat troops
withdraw. NATO expects Afghan forces to grow to 352,000 soldiers and
police this year but the United States has proposed to reduce Afghan forces
to 228,500 in 2017. NATOs role after 2014 is also under discussion, with
Rasmussen saying the alliance would continue to train, assist and advise
Afghan security forces but would no longer go into combat.
US soldiers posed with the mangled bodies of suspected Afghan
suicide bombers in graphic photos published, prompting swift condemnation
from Leon Panetta. Pentagon spokesman said: These images by no means
represent the values or professionalism of the vast majority of US troops
serving in Afghanistan today, adding that the Pentagon has opened an
investigation that could lead to disciplinary measures. General John Allen
also condemned the photos.
The images, which appear on the Times website, showed troops
posing in one image with a severed hand and in another with disembodied
285

legs, are the latest in a series of scandals that has strained US-Afghan ties.
The Times reported that the images were taken during more than one
occasion over the course of 2010.
LA Times editor Davan Maharaj said that the newspaper decided to
publish a small but representative selection of the images because of their
news value and to fulfill our obligation to readers to report vigorously and
impartially on all aspects of the American mission in Afghanistan. The
incident seemed likely to test already tense US-Afghan relations, after a
series of incidents in which US troops have been accused of misconduct.
Next day, the head of NATO called on China and Russia to help fund
Afghan security after 2014, as the alliance tries to rally contributions from a
wider range of sources before most foreign combat troops pull out of
Afghanistan. NATO estimates that the annual cost of maintaining Afghan
security forces will be $4 billion, and the United States is hoping for
contributions worth 1 billion euros ($1.3 billion) from other NATO allies
and partners.
Russian Foreign Minister criticized NATO's plan to withdraw combat
troops from Afghanistan in 2014, stressing that China was concerned about
it too. Speaking after talks with NATO foreign ministers in Brussels, Lavrov
raised concerns about unclear planning for a mission he said was aimed at
eliminating the threat of terrorism emanating from Afghanistan. As long as
Afghanistan is not able to ensure by itself the security in the country, the
artificial timelines of withdrawal are not correct and they should not be set
this way, Lavrov told a news conference.
The Pakistan-based Haqqani network was responsible for a series of
attacks in Afghanistan, the US ambassador to Kabul said, and Islamabad is
being pressed to take action against them. There is no question in our mind
that the Haqqanis were responsible for these attacks, Ryan Crocker told
reporters in Kabul.
Twenty Taliban militants including a key commander laid down arms
and gave up fighting in northeastern Badakhshan province. Fighters under
Mawlawi Fazlulllah gave up fighting and joined the government-backed
peace process; he had served as key Taliban commander in Badakhshan
province where he was involved in anti-government activities, mostly in
Shahr-e-Buzarg district.
On 20th April, four NATO troops were killed when a helicopter
responding to a suicide attack in southern Afghanistan crashed. A senior
police officer in Helmand province said the helicopter went down in stormy
286

weather on a flight related to a deadly suicide attack on an Afghan police


post in the provinces Garmser district.
Next day, Afghan security forces claimed detaining five insurgents
who planned to use ten tonnes of explosives to inflict large scale bloodshed
in crowded areas of the capital Kabul. Three of the men are Pakistani
nationals and two are Afghans, who had brought the explosives from
Pakistan hidden in the back of a potato-laden truck.
On 22nd April, Afghan and US officials finalized the initial draft of a
strategic partnership agreement that will govern relations between Kabul and
Washington after 2014. No details of the content of the draft agreement were
released, which will now be reviewed by the US and Afghan presidents, the
US Congress and the Afghan Parliament.
Kabul has already achieved two preconditions for signing the treaty full control over the US-run Bagram prison and controversial Special Forces
night raids against Taliban insurgents. But the agreement will not cover the
crucial issue of the status of US troops remaining in Afghanistan after the
withdrawal. The issue will be discussed after the strategic partnership deal is
signed.
US ambassador Ryan C Crocker and Afghanistans national security
adviser Rangin Dadfar Spanta agreed on the wording of the draft, titled
Enduring Strategic Partnership Agreement between Afghanistan and the
United States. The US ambassador said in the statement that the agreement
will cement a long-term strategic partnership between two equal and
sovereign States.

Iran: On 16th April, Irans foreign minister said, his country was
ready to resolve all nuclear issues in the next round of talks with world
powers if the West starts lifting sanctions. Salehi described an initial meeting
with the five permanent members of the UN Security Council and Germany
in Istanbul as positive and constructive.
Meanwhile, US President said that nothing had been given away to
Iran at weekend nuclear talks in Istanbul, warning Tehran that the clock was
still ticking to reach an accord. Obamas comments came after Israeli Prime
Minister Benjamin Netanyahu said his initial impression is that Iran has
been given a freebie at a first round of key talks with world powers over its
disputed nuclear program.
The United Arab Emirates summoned Irans ambassador to Abu
Dhabi to denounce a visit by President Mahmoud Ahmadinejad to a disputed
287

island in the Gulf. Tehran has insisted that Ahmadinejads trip, during which
he said historical documents proved the Persian Gulf is Persian, is a purely
domestic issue.
On 21st April, the UN added two Iranians and a company to its
sanctions blacklist over their involvement in arms smuggling through
Nigeria. All were linked to Iran's Revolutionary Guard, which the US said is
the group that directs Iranian support for terrorism. US ambassador Susan
Rice welcomed the decision.
Next day, Israeli forces are carrying out more special operations
beyond the countrys borders and will be ready to attack Irans nuclear sites
if ordered, the chief-of-staff said in an interview. Lieutenant General Benny
Gantz said that 2012 would be a critical year in efforts to halt what Israel
and much of the international community believe is an Iranian nuclear arms
programme.
Senior Iranian and Pakistani officials, in a meeting in Washington,
explored avenues for the further expansion and development of the two
countries economic ties and cooperation. In their meeting on the sidelines of
the 2012 Spring Meetings of the IMF and the World Bank Group in
Washington, two ministers called for enhanced mutual ties in all fields.

India: On 16th April, Hina Rabbani Khar has said that Islamabad now
trusts New Delhi more than ever before and believes the Kashmir dispute
cannot be a roadblock. We will trust India more in whatever we do. We are
clear on this, Khar told Hindustan Times. Hina said the time had come to
not get bogged down by the old mindset.
Meanwhile, according to Indian news agency IANS, an India-Pakistan
pact for exchange in music, dance, theatre and visual arts could become
reality next year with the Pakistan National Council of the Arts (PNCA)
renewing a dialogue with the Indian Council for Cultural Relations (ICCR).
Cultural ties between India and Pakistan are ready for a new chapter,
Tauqeer Nasir, director general of the Islamabad-based PNCA, said.
Next day, amidst signs of improvement in ties between Pakistan and
India, Nawaz Sharif suggested that Islamabad should be the first to withdraw
troops from Siachen Glacier, as the time had come to resolve the issue. The
demand came as Nawaz called upon the two governments to withdraw their
forces from Siachen. Talking to media and family members of the Gayari
avalanche victims in Skardu, the PML-N president said, The Pakistan

288

government should take the lead, without waiting for an initiative from the
Indian side. It is not a matter of honour.
The PML-N president also visited the residences of the trapped
soldiers, where he distributed cheques worth Rs0.5 million to each of the
affected family and announced job for one its member in Punjab. He also
said that the Punjab government would bear the education expenses of the
children of the avalanche victims. He also gave 200 tents for the workers
involved in rescue operation.
On 18th April, Gen Kayani went to Gayari with President Zardari, who
recently made a private visit to India as part of the track-II diplomacy to
normalize the frozen relations between the two nuclear-armed neighbours.
Army Chief said he would like to see the country spend less on defence,
arguing that national security depended on development as much as on
protecting borders. Noting that peaceful coexistence with India was vital to
the progress of both countries and that the welfare of the people should be a
priority, Kayani said withdrawal of troops from Siachen was also necessary
to save the environment and thus conserve the shared water resources.
Soldiers would do their duty come what may, but defending borders should
not be the countrys sole priority.
Army Chief said: We in the army understand very well that there
should be a very good balance between defence and development. You
cannot be spending on defence alone and forgetting about development
Ultimately the security of a country is not only that you secure boundaries
and borders but it is when people that live in the country feel happy, their
needs are being met. Only in that case will a country be truly safe.
He said the decades of enmity between India and Pakistan should be
resolved through negotiation. Gen Kayanis remarks came a day after, the
main opposition party PML-Ns chief Nawaz Sharif called on the Pakistan
government to take the initiative for resolving the Siachen issue with India.
However, Kayani contended that Pakistan had stationed its troops in Siachen
in response to a move by India. The military chief termed Gayari avalanche
as a disaster but vowed that Pak Army would continue scarifying in the line
of duty. About the search operation, he said all out efforts were being made
to trace the lost soldiers.
President Zardari also visited Gayari Sector Wednesday to express his
solidarity and to monitor the search and rescue efforts. The president
accompanied by Interior Minister Rehman Malik and COAS General Ashfaq
Parvez Kayani during his visit had an aerial view of the search and rescue
289

activities being undertaken by the army personnel. Later he was given a


detailed briefing about the activities underway by Force Command Northern
Areas (FCNA) Commander Major Gen Ikram ul Haq. The president
appreciated the efforts that were being made by Pak Army in search and
rescue operation.
LHC Chief Justice issued notices to the federal government, the
Interior Ministry and Punjab Home Department to file their replies by April
25 in connection with a petition filed by Jamaat-ud-Dawa (JuD) leader Hafiz
Saeed. The JuD chief had moved the LHC, asking it to stop authorities from
taking any adverse action against him under pressure from the US, while
he also sought provision of security as, according to him, his life was in
danger.
Hafiz Saeeds lawyer AK Dogar said the government should ask the
US to provide evidence against his client before acting against him.
Arresting anyone without evidence is an open violation of the law, he said.
The counsel contended that US decision was intended to prevent him from
campaigning against restoration of NATO supplies for consolidating its
loosening grip over the Afghan resistance.
Next day, India welcomed Pakistan Army Chiefs remarks on
resolving the Siachen issue, saying the money spent on deployment of troops
can be spent on development of the two countries. I am glad that our
neighbouring country is also realizing the challenges and the economic
problems of maintaining troops on the Siachen Glacier, Indian Minister of
State for Defence told reporters in Hyderabad.
Referring to the proposal for demilitarization of Siachen after the
Gayari incident, Foreign Office spokesman Moazzam Ali Khan said the
issue was a part of the dialogue process and Pakistan had furnished several
proposals including the mutual redeployment of troops for the resolution
of this issue but there is no change in the policy on Siachen. This policy
statement came a day after Army Chief called for the area to be
demilitarized.
India test-fired for the first time its most-ambitious strategic missile,
the over 5,000-km range Agni-V, in a bid to join the super exclusive ICBM
(intercontinental ballistic missile) club that counts just US, Russia, China,
France and UK as its members. The solid-fuelled Agni-V, which will bring
the whole of China as well as other regions under its strike envelope, was
tested from Wheeler Island off the Odisha coast.

290

Indias test of an intercontinental missile with nuclear capability and a


range of 3,100 miles has raised fears of an Asian arms race, as New Delhi
stepped up its defence spending to become worlds top arms buyer, The New
York Times said. The missiles range gives it the ability to strike Beijing and
Shanghai, heightening fears of an Asian arms race, the Times said.
On 20th April, President Zardari hinted at opening up Head Sulemanki
border for trade with India, saying Pakistan is willing to have dialogue with
the neighbouring country to improve the bilateral ties. While addressing the
PPP workers near Okara he revealed that he was also examining the
possibility of connecting Multan with the Indian border cities.
After offering a prayer for the soldiers buried in Siachen, the president
questioned the possibility of a unilateral withdrawal of troops from the
worlds highest battlefield. How can there be a unilateral withdrawal?
Have we been sitting for 10 years doing nothing, President Zardari
questioned? Yes, our soldiers are rendering sacrifices but we are a nation
who makes sacrifices. He pointed out that its not just Pakistan that is
bearing the brunt; India is suffering more losses in Siachen than Pakistan.
Zardari maintained Pakistan was ready to resolve all disputes with
India through dialogue and he had discussed with Indian Prime Minister
ways to promote trade and other ties during his visit to India this month. But,
Zardari said, if Pakistan unilaterally withdrew troops from Siachen then the
people will criticize this decision. Pakistan and India should hold talks to
pull-out their troops from the region simultaneously, he suggested. If India
withdraws its troops we will be ready to take similar step.
Next day, India and Pakistan are back on the dialogue table to sort out
issues between the two nations, Pakistan Foreign Minister declared, saying
that Islamabad cannot afford to be selective in improving ties with its
neighbours. She said that the way to achieve stability is to find a friendship
and improve ties based on trust with each one of Pakistans neighbours and
not by being selective.

VIEWS
Pakistan
A cautionary tale: Pakistan provides an excellent example in fact,
a cautionary tale of how difficult is the process of dealing with a

291

superpower reluctant to admit that it has lost a decade-long military


campaign in neighbouring Afghanistan.
Pakistan had signed on in 2001 without settling the terms of
engagement. Failure of the NATO-ISAF mission in Afghanistan and its
horrific backlash against Pakistan that has all but ripped the country apart
made its civil and military leaders to seek some say in the formulation of
American strategy in the region, largely to shift a purely militaristic policy to
negotiations with all the parties to the conflict. The fundamental US
response was to subject Pakistan to increased diplomatic, military and
economic pressure to secure its blind compliance with Washingtons policy
that had included an Obama-sanctioned surge of troops. The coercive
approach to Pakistan ran into a major crisis when a NATO air attack on the
border post of Salala killed 24 Pakistani soldiers. The pro-Western
government in Islamabad tried to stem the tide of nationwide anger by
closing down NATOs virtually indispensable overland supply route and by
asking Parliament to write guidelines to reset relations with the US.
Pakistan is not the best case from which to generalize about relations
between middle level states and great powers. But its experience has an
indicative value. Parliament produced an initial report that was met with
derision from the people lay as well as informed and vigorous moves by
the American Embassy to influence its outcome. It went back to the drawing
board and wrote a much better report that upholds national sovereignty,
opens the door for an arms-free transit of NATO supplies and tasks the
executive with bringing to an end the highly controversial drone attacks on
Pakistan. The government got an opportunity to meet an almost undeniable
American demand for overland transit; important now and even more when
100,000 troops are evacuated from Afghanistan with billions of dollars
worth of military hardware. In the same breath, however, it faced the
daunting task of achieving other goals present in Parliaments resolution in
spirit, if not the literal text. These include cessation of drone attacks, end of
covert American operations, drastic curtailment of the US footprint in
Pakistan, a political settlement in Afghanistan and proactive pursuit of gas
pipelines from Iran and Turkmenistan. The Pakistan government has only a
limited capacity to pursue these objectives.
From a Chinese or Indian viewpoint, the increasing vulnerabilities of
the US in its aggregate national power make for greater space for
independent action. For Pakistan that willingly slipped into a tight embrace
with Washington, current efforts to regain some freedom of manoeuvring
have a touch of pathos. What makes it even poignant is the fact that Pakistan
292

is a considerable nuclear weapons power. (Tanvir Ahmad Khan, TheNation


17th April)
Pak-US precarious relationship: At the present juncture, the USA
has a one-point agenda. It is engaged in a so-called war on terror in
Afghanistan. President Barack Obama has given a timeline for the
withdrawal of US troops and this must be achieved as promised. The US
needs the supply lines to close this war on a winning note and in time. Our
new relationship should have this limited aim foremost and help the USA
achieve the withdrawal. The agreement document should have first and
foremost defined the war on terror. Pakistan should not accept the definition
of terror put forward by the US military. Terrorism and the war on terror is
being used as stratagem by the US for global domination and is heavily antiMuslim; large-scale massacres by non-Muslims are not termed terrorism.
Based on this fact, the transparent document should have laid down that
Pakistan will facilitate that many supplies that will help and assist the USA
to meet it objectives for on-schedule withdrawal of its troops from
Afghanistan. Beyond that there will be no cooperation in the so-called war
on terror. It should have also spelled out in clear terms that the US would not
use these supplies for operations against Pakistani territory from ground and
air, including the drones. Our Parliament must honour the sentiment
expressed by President Asif Zardari that drone attacks are counterproductive.
Lastly, the agreement document must lay down that supplies passing through
Pakistan will be subjected to custom checks, duties and transportation tariffs.
Pakistan has paid a heavy price for this on-off one-sided relationship;
it cannot go on forever. If we want self-respect and dignity as a nation, we
need to put forward these conditions for mutual relationship and watch the
response. The promises of mutual benefits and respect for sovereignty and
territorial integrity will be laid bare. Pakistan will know where it stands and
can then brace for whatever comes its way. (AR Jerral, TheNation 20 th
April)
Impossible demands: NATO Secretary General Anders Fogh
Rasmussen has called on Pakistan not just to restore NATO supplies through
it, but also to increase its activities against extremists in the tribal areas. It is
worth noting that Mr Rasmussen, who just attended a high-level NATO
meeting in Brussels, ahead of Chicago Summit next month, was merely
echoing the USAs stance, spouting suggestions that Pakistan would do well
to ignore. The call for an increase in action against extremists either meant
to cause the launch of an operation in Waziristan, or even against the
Haqqani network, which the USA is blaming for the Talibans attacks in
293

Kabul. In either case, an operation would needlessly embroil the Pakistan


Army, and make it face casualties at a time when it is already facing the loss
of so many lives in Siachen. It should also not hasten to restore NATO
supplies, because a restoration would mean the unleashing of a wave of
anger and resentment among the people of Pakistan, something the
government should not take the risk of affording in this election year.
Though the joint sitting of Parliament has accepted the recommendations of
the Parliamentary Committee on National Security, and though that decision
has also received the endorsement of the Defence Committee of the Cabinet,
the Difa-i-Pakistan (Defence of Pakistan) Council is still drawing large
crowds on the issue, and, not satisfied, is strongly opposed to any
restoration.
The government should not function by NATO standards. The USA
and NATO seem to assume that now that the joint sitting has met, all that
needs to be done is for the necessary orders to be issued, without the USA
bothering to fulfill the conditions that have been laid down. The government
should be aware that matters are not so simple, and any attempt to fulfill Mr
Rasmussens wishes could bring the government down.
NATO, as well as the USA, should understand that this issue, important
enough in itself is also being taken by people as a symbol of the entire
relationship, and restoration of NATO supplies would be seen as surrender.
Therefore, even if the outpouring of resentment that follows does not make
the holding of elections impossible, no government facing a general election
early next year, as the current government will, can afford a mis-step of this
kind. The only option the government has is to ensure that the joint sittings
decision is honoured, and policy towards the USA is made in accordance
with its directions, not the USAs wishes. The government must devote itself
to convincing the USA to accept this, instead of trying to impose its wishes
on Pakistan. (Editorial, TheNation 21st April)
The jailbreak and some questions: The countrys biggest jailbreak
was successfully executed by militants in Bannu despite warnings issued by
intelligence agencies earlier this year when four places, including the Bannu
police station, were demarcated as prospective targets. Apparently, the
jailbreak drama was planned and implemented for the release of high-profile
militants.
That so many militants could conveniently enter a guarded place is
quite unbelievable and highlights the facts that intelligence reports of such a
sensitive nature were not taken seriously as no concrete action was taken by
294

those responsible for the security of the jail that had housed so many
dangerous criminals. The jail, however, should have been at high alert, with
or without intelligence warnings. This colossal administrative failure
severely damages our credibility. (Professor Kabil Khan from Peshawar,
TheNation 21st April)

Afghanistan
Taliban feel no need to wait for NATO exit: A British diplomat in
Kabul, reached by phone in the middle of Sundays mayhem, was
exasperated. I really dont know why they are doing this well be out of
here in two years time, all they have to do is wait. The answer, not
completely glib, is that the insurgents carried out the attack because they
could.
The ISAF (International Security Assistance Force) gave a statement,
while fighting was still going on, that the bombings and shooting had been
ineffective. Viewed through a narrow military prism, this may be true. By
late afternoon, according to the authorities at least, 14 militants had been
killed with no loss of government or civilian lives.
But the assaults were not entirely symbolic or aimed at a
psychological victory, although both these aims were achieved. One target,
apparently, was Ahmed Karim Khalili, a vice-president and a Hazar from the
north of the country. Several figures from the old Northern Alliance, the
Talibans enemy in the bitter civil war, have been eliminated.
The Haqqani network, or whoever was responsible for the attack,
know there could be another civil war and may be preparing for it. New
battle lines are being drawn up; Sunday saw Russian troops protecting their
embassy as it came under attack for the first time since Russias doomed
invasion in 1979. Old Mujahideen commanders who fought against the
Soviets, and who are now MPs, picked up guns to fight back against the
insurgents.
The combatants, it seems, cannot wait for the Western forces to leave.
Meanwhile, NATO faces a difficult period. Sundays violence came as
defence and foreign ministers prepare to meet in Brussels next week to
discuss Afghanistan and work out a blueprint for the end of NATOs mission
in the country.
The logical course would be to listen to military commanders and
leave the bulk of the forces on the ground, to give Afghan forces the utmost
time to get ready. But the political expediency at home means that this will
295

probably not happen. (Kim Sengupta for Independent, reprinted in


TheNation 17th April)
The Taliban offensive: Last Sunday, to quote Talibans spokesman
Zabiullah Mujahed, heralded their spring offensive of the year. The Kabul
administration and the invading forces had said some time ago that the
Taliban will not be able to launch a spring offensive, Todays attacks were
the start of our spring offensive, Mujahed said Whatever reason one
might attribute for this sudden surge in Taliban attacks involving the two
countries most hard hit, it would be hard to deny that they are the direct
outcome of the failure of Qatar talks with the Taliban from which Pakistan
was kept away. The US must realize that any negotiations with the Taliban
without the participation of Pakistan are a lost cause. The knee-jerk reaction
of putting the blame for attacks in Afghanistan on the so-called Haqqani
network without any evidence, as US Ambassador Ryan Crocker has done,
would hardly be of any use. What is important to learn from these episodes
is the key nature of Pakistans role in the success of the talks. (Editorial,
TheNation 17th April)
Whats their secret? Is there something special about Afghanistans
geography or culture that no foreign superpower has been able to win a war
there or secure an occupation? Perhaps.
Is it the large support given to the Taliban from the Pashtuns, the
largest ethnic segment of Afghan society? Is the failure of the corrupt Karzai
government to govern or to provide basic services to the people to
blame? Is it the high civilian casualties in the war at the hands of NATO
forces? These factors most probably add to the mix.
It is nonetheless amazing how a people who have suffered so much
since Afghanistan became a republic four decades ago could still go on
fighting.
The 1970s featured internal strife among communists, Islamists and
others, while the 1980s witnessed horrific Soviet occupation and cynical
Cold War manipulations.
Soon the vacuum left by the Cold War in the 1990s was filled by
regional powers who helped widen and deepen the national divides. And in
the past decade, Afghanistan has become the main battlefield of the US
global war on terror. And yet the Afghans, notably the Taliban and their
allies, have been unrelenting in their slow and calculated resistance against
the foreign and Western occupiers who continue to visit havoc upon their
homeland.
296

The Talibans endurance could be also explained by any number of


factors, extending from neighbouring support to religious beliefs and
permitting and/or taxing the drug trade. Such cases of relying on regional
support and unsavoury practices to sustain and subsidize resistance have
been documented from Latin American to Africa and Asia.
But what is special about the Taliban is, in some ways, similar to the
reasons behind Hezbollahs success against Israels occupation in Lebanon.
They reject all compromises with the occupiers, and cast away their
values, laws and ideas. They dont heed pleas from Western dominated
international institutions, nor fraternize with their enemies peace camps.
They believe, and are tightly united, in their cause of freedom from
foreign occupation denying NATO much actionable intelligence against
the fighting group. The Taliban have also been consistently sticking to this
one sacred goal, while dismissing any diplomatic formulae that are not
conditional on withdrawal first and foremost.
The Afghans obviously know by experience, wit or instinct what the
encyclopedic West continues to ignore: No foreign power, mighty as it may
be, has succeeded in the past century to overcome the indigenous will of the
people for freedom from foreign rule. (Marwan Bishara, TheNation 18th
April)
An illusion exposed: A few weeks after Bonn, allied forces quickly
drove out the Taliban at least in parts of Afghanistan. The Karzai
government was installed. The illusion persisted. But even in 2002, the flaws
in the fantasy were evident for those who cared to look. Indeed they had
been evident in Bonn.
For the one faction not invited to join the new Afghanistan was of
course the Taliban. It was simply assumed that they would disappear. When I
briefly served in the British embassy in Kabul shortly after the invasion,
nobody ever asked why there was no allied presence in large swaths of the
south. At the main airbase at Bagram, military operations were presented as
mere mopping up of rag-tag forces driven into the mountains. But I
remember one SAS commander who seemed less than convinced of this
rose-tinted narrative. Perhaps he already saw the auguries.
Accompanying a senior official visiting our new allies in the north and
west of the country (again, none in the south), everyone told us that the loya
jirga would produce the wished-for democratic stability. Nobody mentioned
that our partners in this project often behaved more like tyrants than
297

democrats. One was reported to be given to tying the limbs of his opponents
to two tanks then driving them in opposite directions.
The allies had all the guns and the money. Was it any wonder that any
Afghan we met told us what we wanted to hear? At every meeting we were
accompanied by squads of heavily-armed soldiers. As for the money, it was
muttered only sotto voce at the Kabul embassy that cash-filled briefcases
were regularly handed to new government ministers and warlords on our
side. Even nice Mr So-and-So, who spoke such good English and presented
so well on TV, was on the take. Today, the only surprise is that we seem so
shocked at the corruption of the Karzai government, given that we helped
corrupt it.
The truth was that the allies were not creating a new democratic
Afghanistan. We had instead joined one side in a civil war that had raged for
decades, has not ceased despite the allied presence, and will resume with full
force once the western forces depart. It seems astonishing now that we were
so willfully naive. It all made such good sense at the time.
We entered Afghanistan and tried to make it comply with our fantasy,
ignorant of its already complex realities. We occupied only small pieces of
the country but declared that we had vanquished all of it. We constructed a
new; democratic order but excluded those most likely to oppose it while
including the brutish and corrupt (and then we corrupted them some more).
That these contradictions now seem so clear serves as a reminder of how
stupid we were. (Carne Ross for Guardian, reprinted in TheNation 18 th
April)
NATOs withdrawal plan: Leaders in Natos meeting in Brussels
that was also attended by US Secretary of State Hillary Clinton have reached
a general consensus that the international forces will pull out of Afghanistan
in 2014. It was also agreed that by this date the countrys security would be
handed over to the local forces. This is a welcome sign for Afghanistan and
Pakistan. However, the hope that the NATO and ISAF would adhere to this
timeline is dampened by frequent comments by the Obama Administrations
high ranking officials as well as its military top brass. A case in point is
Defence Secretary Leon Panettas statement only a few days back that the
US would work out a strategy with the Afghan government to allow the
troops to stay beyond the withdrawal deadline.
The recent coordinated attack on different cities by the Taliban that is
thought to be the prelude to the spring offensive should make it clear that
until occupying forces pack up and leave lock, stock and barrel, Afghanistan
298

will continue to suffer. For the US there are no ifs and buts about it since the
Afghan nation has once again lived up to its reputation of being impossible
to subdue, who value their freedom first and last. Pakistan must also realize
that it is time to serve it's own interests first. Not only should we expedite
the peace process with the disgruntled tribesmen but also insist that the US
to halt the drone warfare. (Editorial, TheNation 20th April)
Posturing for the NATO Summit: What with Australia joining
France in announcing an early withdrawal of troops from Afghanistan, the
USA badly needs the SoFA before the Summit, which it is hosting, to
persuade other Nato allies to remain in that country beyond 2014. The USA
itself plans to withdraw 22,000 out of its 90,000 troops in Afghanistan this
year, which is an election year. The French withdrawal was announced in
January after French troops were killed. To complete the picture, not only
Presidents Obama of the USA and Sarkozy of France face re-election in the
coming year, but so does Pakistani President Asif Zardari, while Afghan
President Hamid Karzai is thinking of resigning and precipitating an election
in the same year, as a way of getting another four years in office, and thus
bypassing the term limit that would prevent him from contesting in 2014,
when the next election is due.
With so many Presidents seeking re-election, it is essential that the
Nato Summit due for May 20-21 in Chicago be a success, something which
would require advance happenings. It would be very good if Presidents
Obama and Karzai could present the Summit with a SoFA, perhaps signing it
then, and if President Zardari could help with a restoration of the NATO
supply route. This restoration is important enough to the USA because it
kept its forces supplied, but it is of interest also to the other NATO members,
because the USA has insisted that this route is crucial to the withdrawal of
troops.
However, the USA has shown it has not changed, and there will be a
repetition of Salala-type incidents. This has been shown by its reaction to the
Talibans launch of their spring offensive by a series of attacks, including
attacks on Natos local headquarters, and a number of its members
Embassies in Kabul, as well as in a number of other cities. One US reaction
has been to praise the Afghan security forces. The other has been to blame
the Haqqani network, which is in Pakistan. If this is how the USA is
behaving when the supply route has not been restored, is there any reason to
assume that it will behave differently once the USA has got the routes
restored, especially when the restoration comes in the face of virulent
opposition from the citizenry.
299

The USA should be aware that the citizenry faces many issues, such
as increasing poverty, inflation and increasing lawlessness. Foreign policy
only provides another source of humiliation, especially when it refuses to
conduct relations as between two equal states, and tries to claim the
extraterritorial privileges of an imperial power.
The USA should realize that it had a large number of supporters
against the USSR, but none now. This reflects the vastness of the difference
between US and Pakistani goals now, as compared to then. However, the
most important element is, probably, that of trust. The alliances the USA has
now are purely tactical, with the Pakistani partners only interested in some
benefit that the USA can give. For example, President Zardari was elected
because he promised to do more than Pervez Musharraf, who was a spent
force when he left office. Zardaris re-election depends not on the Parliament
in place, but the one that will come into being after the next election, and he
believes that he needs US support for that. However, as the USA is pressing
Pakistan to do such things as engage the Haqqani network as well as restore
Nato supply, it would be best for Pakistans leadership to remember that the
USA is doing all this under Indian influence, as the Obama Administration
owes it heavily, and will keep on doing so, and will fall in with Indias plans
to destroy Pakistan. (MA Niazi, TheNation 20th April)
Ending the politicization of Afghan security forces: A decadent
leadership and a disciplined force - can it be? The aftermath of every deadly
Taliban attack brings voices that condemn the Taliban and praise the Afghan
security forces. And some muster up the courage to criticize the political
leadership and the government of the country.
Have the Afghan national security forces reached a level of
competency where we can trust their skills and abilities? To understand the
answer to this, we need to look at three areas: the relationship between the
political leadership and the security forces, the capabilities of the forces, and
the role these forces will play in the future.
The upper and middle echelons of Afghan forces are filled by people
who have not risen to their promotions in a democratic system. They are not
secu-crats: Most of them have been placed in their posts through political
consultations and personal connections. This directly affects the loyalty and
inspiration of the officers at different levels.
When the president ventures out to pay a visit to a unit of the national
police, national army, or intelligence, his personal security detail, called the
President Protection Service (PPS), disarms everyone in advance. It sends
300

the message that the only loyal unit to the president and the system is the
PPS, comprised of 750 people who guard and protect him.
By infiltrating the ranks of Afghan army and police, the Taliban have
brought about unfortunate incidents. But the presidents mistrust of Afghan
forces goes back much earlier. In the early years of the new government,
mistrust was at such a high level that for up to six years, an American
company named DynCorp was responsible for the presidents security. Now,
foreign mentors operate in the PPS who, in addition to coordinating with
NATO forces, ensure discipline in the ranks and file of the unit. Their
influence is clear on the behaviour of the presidents bodyguards, who often
act insensitively to Afghan cultural values.
In the army units, too, prejudiced views stemming from ethnic
sensitivities exist as many officers turn to seeking ethnic, political, or
personal sanctuaries for protection against political meddling.
The political relations with the Afghan police are more complex than
the Afghan army. The police were far from international attention until 2007,
when most of the aid was going to the army. For this reason, and many
others, the influence of political figures in the police is greater, and
continues to increase. When police forces understand that their minister and
one of his managers are not on the same level, its clear that a certain kind of
chaos will reign.
Ordinary citizens in the ranks of Afghan forces are, to a remarkable
extent, sheltered from the personal and ethnic tension. But some of them are
certainly influenced by the mentality of high-ranking officers who have
ethnic or regional leanings.
It is possible that one day young officers, who are devoid of ethnic or
regional leanings and graduates of institutes of higher education, will enter
the security forces and become a beacon of hope for the Afghan people. But
this scenario remains just a possibility, and depends entirely on whether
there will be an end to the politicization of our security institutions.
Interference in the management of the security forces be it in the
upper or lower levels, slows their growth rate, increases their expenses, and
strikes a major blow to their morale. The nepotistic appointment of officers
in upper and middle echelons of the security force will at best protect narrow
interests instead of national ones.

301

With the intelligence force, the situation is also not much different. In
this institution, pockets loyal to President Karzai, his vice presidents,
provincial leaders and those protected by Americans are distinctly visible.
This problem had been minimized in previous years, but in Karzais
second term, which has been characterized by the distribution of state
resources to his allies, the intelligence force have also been affected.
Without corruption and decadence at the leadership level, the
strengthening of the ranks and the creation a strong incentive for fighting
negative trends are not difficult tasks.
Idealism and belief in values are crucial to strengthening the ranks.
But when the security forces witness the decay of values at the leadership
level, the incentive for sacrifice plummets. The effectiveness of the force
declines. And in such situations ethnic and regional divides, personal
connections, and mistrust creep in.
Continuing the current situation, in which the leadership lacks vision
and is corrupt in certain areas, will corrupt the forces to a tragic extent, or
will make the relationship between political leadership and security forces
one of deceit, lies, and narrow interest, the results of which will be felt
deeply by the Afghan people.
Another sign of this decaying relationship is the negative competition
and accusations. These days, government institutions attack each other
through the media. It doesnt take more than a brief observation of the media
to see a clear lack of coordination.
In the context of threat assessments for Afghanistan, the majority of
the experts believe that Afghan security forces will not be faced with the
invasion of foreign armies. And if they do face an invasion, they will never
be able to stand their ground due to weak economic base of the country.
Instead, neighbouring countries will try to train and equip forces that
will fight for them and thereby destabilize the situation in Afghanistan.
These countries will exploit the political turmoil, poverty, ethnic divides, the
porous borders, and most importantly the weakness of our national identity
to rally our own citizens against the state on different pretexts. This scenario
is the foundation for the Afghan security doctrine - how would we deal with
this kind of a threat? With what mechanisms, systems, and firepower?
The structure, equipment, and training given to the Afghan security
forces have provided them with the capability to move quickly and react

302

swiftly. Threat assessment, target evaluation, coordination and execution of


operations all fall within the current capabilities and skills of the forces.
Some of the worlds military and security thinkers, including the late
Ahmad Shah Massoud (the anti-Soviet resistance leader), believed that poor
countries surrounded by hostile or bad neighbours needed a tripartite
formula: a strong motivation, followed by a capable and disciplined
leadership, and then by resources.
For poor countries, a resource-only based motivation, resource-based
leadership and organization is not sustainable. These countries will always
lack sufficient defence and security resources, and will always try to protect
their macro security through alliance with regional or global powers.
The resources at the service of the Afghan forces are sufficient for the
total or partial diffusion of defined threats, but here the formula is
implemented backwards. The emphasis has been on equipping the forces,
not on strengthening their non-materialistic motivation.
Excessive dependence on resources, strengthening organization and
management through resources, and eventually creating incentives through
financial resources is the opposite of what has proven effective in history.
The fact that the existing method is dependent on foreign aid and
every day the leadership of security forces complains of shortage or lack of
resources shows the weakness from both a practical and academic lens.
The aid from US and the west to Afghan security forces is uncertain
and short-term. This aid is dependent on the donor countrys national
interests rather than the national need of Afghanistan. Coincidentally, we
share a common enemy with the western world, but this situation will
change. Therefore, the insistence of the Afghan military and security
leadership on increasing the quantity is flawed. Not only is a foreign aid
dependent military and security force hard to trust, but it also creates
constant uncertainty as the situation changes with the wiles of the donor.
The number of professionals and non-professionals who occupy
leadership positions in Afghan security forces for political and nepotistic
reasons is over 90 per cent.
It will not be possible to change this percentage in the next two years
before the next elections are held. In the meantime, the retirement of the
older officers also are delayed on ethnic or political basis.

303

Considering this issue, the possibility of interference by security


forces in politics in future years is very likely.
Large-scale interference that could lead to a coup detat is less likely,
first because the security forces are divided in their political views and
leanings, and secondly because the leadership at different levels are
dependent and conscious of western aid.
But as the previous election showed, certain police and army units,
through soft intimidation and influence in various parts of the country,
brought local leaders to support the candidates of their choice. The
appointments of the past two years point to the possibility of this recurring,
in a more organized way.
The dream situation would be that the security forces defend the
system in its entirety, which includes the legal opposition. But we have
never gotten close to our dreams. The security forces spend 12 times more
than Afghanistans entire income. When such resources are given to
vulnerable institutions, it will surely be tempting to use it for political
influence.
Therefore, the solution will put together an oversight commission for
monitoring the neutrality of the security forces before any election. Even
now, institutions that have the ability to tap phones listen to the
conversations of political figures under the pretext of special operations.
For a dictatorship, that is natural. But we speak of an infant democracy built
on the blood of the people we shouldnt let the few national resources be
used for protecting the narrow interest of a clique.
A large number of officers from our national security forces,
especially those deeply rooted in the country and not returnees from exile or
foreign institutions know that involvement of the military in politics has
been tragic for Afghanistan. And some in these years, through visits to
prosperous countries, have been acquainted with soft demeanor and
nationalistic behavior of those countries military forces. They have noticed
that the dignity of the security forces is in defending national rule, not in
defending small political circles.
Possibly, getting acquainted with new methods has influenced the
outlook of the Afghan officers. The officers are from this land, this country.
But just hoping for a good outlook on their behalf is not sufficient. Hope is
not something solid and measurable. We need to create mechanisms so they
are not turned into pawns. Not only is the creation of these mechanisms
important for the transparency of our politics, but also for the durability,
304

dignity, and honor of the Afghan security forces. (Amrullah Saleh for alJazeera, reprinted in TheNation 20th April)

India
Strategic imperative of peace: Currently, access to the Indian
market is restricted by non-tariff barriers. The Indian businessmen also enjoy
the advantage of institutional and governmental support, whereas Pakistani
businessmen not only lack such support, but also suffer from the adverse
effects of acute power and gas shortages. Little surprise, therefore, that the
current Pakistan-India trade of $2.6 billion per annum is heavily tilted in
favour of the latter. This imbalance is likely to worsen to our disadvantage
with the planned liberalization of trade with India, unless our government
and the industrial/ trading institutions take necessary corrective measures to
ensure level playing field in trade with India. Failing that there is a serious
risk that our industry will suffer a crippling blow from which it may not
recover easily. It is a pity that our government is rushing into a liberalized
trade regime with India without the necessary spadework.
CBMs, growth in bilateral trade on a level playing field, and
increased people-to-people contacts will help strengthen peace lobbies in
Pakistan and India, enhance mutual trust, and pave the way for the resolution
of outstanding disputes. Realistically speaking, it will be easier to make
progress towards the resolution of those disputes which are, relatively
speaking, less acrimonious and less complicated. Sir Creek, Siachen and
disputes concerning the sharing of river waters would fall in this category.
The two countries should also cooperate on the issue of terrorism from
which they have suffered grievously.
The Kashmir dispute, in view of its heavy emotional and historical
baggage, would be the most difficult to solve. A settlement of this dispute,
which is satisfactory to the two countries, does not appear to be feasible in
the near future given their recognized divergent positions. Therefore, while
Pakistan and India should continue to work towards a final settlement of this
issue, they should agree in the interim to measures which would ameliorate
the human rights conditions of the Kashmiri people in IHK, grant them
maximum possible autonomy, demilitarize the area as the insurgency winds
down, and facilitate cross-LOC travel and trade. However, durable peace
between Pakistan and India will remain elusive until the two countries reach
a satisfactory final solution of the Kashmir dispute and until India gives up
its hegemonic designs in South Asia. (Javid Husain, TheNation 17th April)

305

Thats Indian hegemony: Referring to the anticipated Indian Prime


Minister Manmohan Singhs visit to Pakistan, Foreign Minister Hina
Rabbani Khar says, to our great shame, This only states the clear directions
of our foreign policy that we will not let go any desire from India
unattended. Thats accepting Indias hegemony, plain and simple. As if this
was not enough of a somersault of our long-standing position that we will
not, at any cost, accept Indias hegemony, Ms Hina had another surprise in
store for the people of Pakistan. She remarked that Pakistan would not let
the Kashmir dispute prove a roadblock to dealing with India, adding, Our
intention is to solve the Kashmir problem. But let us start with less
complicated problems. We will deal with our differences in a different
mode. That was because Islamabad, she felt, now trusted New Delhi more
than ever before. Foreign Minister Khar was talking to Hindustan Times at
Islamabad on Monday.
There is nothing on the ground to suggest that Pakistan should trust
India more than ever before. The existing disputes continue to fester and
new ones are skillfully devised to make it difficult for Pakistan, already
shaken by its unwise participation in the war on terror and a singularly poor
leadership in power, to find its feet. Indias footprints on the troubled
province of Balochistan are clearly in evidence where it is exploiting the
disgruntled elements by giving them all possible inducements funds, arms
and training to egg them on to maintain the insurgency-like situation.
Apparently, New Delhi has, with the help of its friends so unhinged the
leaderships faith in Pakistans independence that it has come round to
accepting its desires unquestioned.
By downgrading the crucial importance of Kashmir to the countrys
survival and prioritizing the development of relations with India over it, the
rulers have tried to belittle the highly apt description of the countrys
Founding Father about Kashmir being the jugular vein of Pakistan. The
implications that the squeezing of the jugular vein carry need no emphasis.
At the same time, the PPP leadership is also ignoring the resolve of the
partys Founding Father who said that we would fight 1,000 years for
Kashmir, which unless settled would cause endless destruction and chaos.
The Foreign Minister is, in one stroke, not only condoning the atrocities
Indias security forces are committing on the Kashmiris to keep them under
subjugation, but also turning a blind eye to stealth of Pakistans share of
water. The reversal of the stand constitutes a betrayal of the beleaguered
people who do not hesitate even to sacrifice their lives to attain freedom
from India. It also amounts to reconciling with the fate that the loss of the
306

life-giving water would await Pakistan. That is far too dangerous a prospect
for anyone to accept it. The government must review this stand before it is
too late to stop the people from violently expressing their outrage.
(Editorial, TheNation 18th April)
Logic of the Two-Nation Theory: Unfortunately, Pakistans
detractors found solace in the dismemberment of Pakistan and Indira Gandhi
went on to claim that the Quaids Two-Nation Theory had been sunk in the
Bay of Bengal. But Pakistan survived and thrived, while Bangladesh has
also taken up its rightful place in the comity of nations.
Today, Pakistan has once again become the target of Indian
machinations and is being subjected to propaganda and intrigues, as New
Delhi is exploiting the current political instability, economic meltdown and
ethnic/social division among different segments of the Pakistani society.
Thus, it is polluting the minds of Pakistani youth by claiming that their
countrys salvation lies in reuniting with India and that the Two-Nation
Theory became defunct after 1947. Pseudo attempts, like Aman ki Asha, are
a case in point for discrediting it, which must be counteracted with logic.
(SM Hali, TheNation 18th April)
The dargahi diplomacy prologue: Having given a rather lengthy
introduction to the notion of conceptual analysis, let me come to the point
that I wish to make - why did the Pakistani President go to India recently for
a day-long private visit (there is no such thing as a private visit of a Head of
State)? Why was he accompanied by his son? Why was Bilawal Bhutto (or
rather, Bilawal Zardari) seated next to Rahul Gandhi? (Was it purposely
done to highlight the importance of ancestral politics?) Why did the
Pakistani President meet privately with the Indian Prime Minister? (Are
there any recorded minutes of the meeting between the two, as per
protocol?) What was discussed of national importance between the President
and the Prime Minister? (Will the President make it public and brief the
Pakistani Parliament on the subject? Of course, he wont because nothing
of the substantive nature was discussed; this meeting was symbolic media
theatrics for public consumption in order to hype the mystique of power.)
Why did the President, along with his son, visit the Khawaja Moinuddin
Chistis dargah?
My conceptual analysis (to the extent I understand the Presidents
political behaviour) is the following:
*
The visit to the dargah was made in the footsteps of Emperor
Akbar. Legend has it that Akbar used to walk barefoot from Agra to Ajmer
307

once every year seeking an heir to his throne. It seems obvious to me that
Zardari went to Ajmer to seek the Saints spiritual blessing for the dynastic
rule of his family and son in Pakistans politics. After all, Zardari must have
faith in celestial intervention to ascend to such position in his own case.
(Will the holy Saint be so unfair to 180 million Pakistanis to grant such a
wish to Zardari? Will the Sufi be so insensitive to present-day democratic
norms?)
*
The Presidents so-called surprise visit was prearranged and
made at the urging of the US. It was a part of the complex US game plan
that started with the bombing of the Salala check post, Nato supply routes
closing and mid-May reopening, the charade of parliamentary debates inbetween and the ultimate US objective to subject Pakistan to Indias overall
regional influence. All of this, of course, with implicit involvement and
secret behind-the-doors cooperation of the Zardari-Gilani regime. It is my
political judgment that a similar private visit of the Pakistani President to the
US will be forthcoming soon. That will be to mop-up and give the final
touches to the American discreet intervention in the next general elections in
Pakistan. My guess is that the American political establishment will assure
the Pakistani President of continued US support for Zardaris role in
Pakistans future political landscape.
* Zardaris India visit was meant for political observers; in fact, it
was a discreet public statement by the President that he was paving way for
dynastic rule in Pakistans politics and that he is fully intent on
manipulating the incumbent political process in the country to safeguard his
personal political role for at least the next five years come what may.
These are some very alarming times for Pakistan. The parameters of a
massive and dangerous conflict between the publics interests and the ruling
establishments interests are being forged. The fact of the matter is that a
democratic Pakistan cannot live side by side with an oligarchic political
structure. But the irony is that an elected Presidents (though elected through
a sham democracy) political behaviour clearly indicates a non-democratic
perspective on the future shape of this countrys politics.
Asif Zardari, in no uncertain terms, seems to believe the time for a
dynastic democracy is upon Pakistan now and for his steadfast belief, he
has even sought a legendary Saints help in India. Is this mindset
understandable? Is it rationale? Is it probable? Or does Zardari have the
magic wand to make things happen that seem impossible? I bet Zardari truly

308

believes that he can pull this one off uncontested at least, that is what his
dargahi diplomacy prologue seems to indicate.
But, not a chance, Mr President. You are mistaken. You dont
understanding the nation over which you happen to accidentally preside.
Your fingers are not on the pulse of the nation. Tavleen Singh, in the article,
Time for dynastic democracy to die, wrote: When a parliamentary
constituency becomes an inheritance, it becomes a private estate whose
purpose is to benefit the family who owns it. And, the reason why most of
our political parties have been turned into private property is because politics
is the easiest way to make money in India [and of course, Pakistan].
Politics and money are in a convenient marriage in Zardari-Gilanis
Pakistan! Sad and undemocratic, isnt it? (Dr Haider Mehdi, TheNation 18 th
April)
Nawazs misperception: PML-N President Mian Nawaz Sharif went
overboard, on Tuesday, placing his trust in Indias readiness to positively
respond to Pakistans gestures of goodwill to bring about lasting peace
between the countries. While on a visit to Skardu to personally inquire about
the progress of the rescue operation being carried out at the Siachen Glacier,
the worlds highest point of conflict, he counseled the Pakistan government
to take the lead in withdrawing its troops stationed there Mian Nawaz also
called upon India to vacate the glacier, implicit in his suggestion to Pakistan
to be the first to do so, was the hope India would follow suit. It was a
thoroughly vain hope, indeed! He has only to glance back at the history of
Pak-India relations right up to the present time to see the unmistakable signs
of a consistent pattern of New Delhis hostility towards Islamabad.
Mian Nawaz had better consult his younger brother who took a totally
opposite position about the withdrawal of troops from Siachen. Punjab Chief
Minister Mian Shahbaz Sharif told the media, after he had hosted a meeting
of the Kashmir Committee of the National Assembly at Lahore, that those
elements who were questioning the logic of troop deployment there should
read the facts of Pak-India history. He also stressed the need to have the
Kashmir dispute resolved in a just manner, adding his voice to Maulana
Fazlur Rehman, Chairman of the Kashmir Committee, who said the
government must get serious about the issues settlement.
Reverting to the PML-N Presidents point that maintaining troops at
Siachen was a big drain on financial resources of the two countries that at
the same time entailed pointless loss of life and rigours of the harsh climate
for the soldiers to bear, one could only ask him to recall that it was not
309

Pakistan that first landed its troops there; our jawans had to rush to the scene
to stop the stealthy advance of the Indian forces. And the Indian manoeuvre
was in violation of the explicit understanding between the two countries and
hence unforeseen. No doubt, the billions of rupees spent on keeping the
troops at such an inhospitable site could instead be spent on the people going
hungry and shelterless, suffering the indignity of illiteracy and pains of ill
health. But has Pakistans gestures, as evident in the so-called confidence
building measures, resulted in the resolution of any of the contentious
issues? On the contrary, India has added another dispute in the form of water
diversion that poses an existential threat to Pakistan. According the MFN
status would, undoubtedly, be counterproductive. Mian Nawaz should,
instead, advise India to sign the agreement on Siachen that it was at one time
about to do, to put an end to the dispute and the wasteful deployment of
troops there. (Editorial, TheNation on 19th April)
General Kayanis stance: COAS General Kayani, while calling for
solution of the Siachen dispute and peaceful conditions to prevail between
Pakistan and India, has expressed the view that economic strength and
peoples welfare are as important in securing the borders of a country as
armed preparedness. And, in the ultimate analysis, security depended on
these two requisites. Only in that case will a country be truly safe, he
stressed. Siachen solution was, the General thought, also necessary for
saving the environment from the effects of climate change and conserving
the shared water resources. He was proffering this argument while at Skardu
on Wednesday, against the backdrop of the recent catastrophic incident at
Siachen and the untenable human and financial cost of keeping military
presence at such a glacial height by both the countries.
The adverse weather conditions have been responsible for a far higher
death toll than the engagements of armed forces. Similarly, keeping military
garrisons has been a bigger drain on financial resources than the actual
fights. And this was being done to the neglect of the teeming millions
steeped in poverty in Pakistan as well as in India. General Kayani also
accompanied President Zardari on an aerial view of the rescue operation at
Gayari, the site of the tragedy. Mr Zardari praised the valour of the soldiers,
prayed for their safety and pledged all available resources to expedite the
search.
The incident has brought into question the very rationale of stationing
armies by both Pakistan and India in the harsh climate of the Siachen
Glacier. Leaders of political parties have come out with their ideas about
clearing the place of troops by both the countries. To the utter dismay and
310

astonishment of the people, PML-N President Mian Nawaz Sharif has


proposed unilateral withdrawal by Pakistan. Interior Minister Rehman Malik
and PTI chief Imran Khan have opposed the idea and urged vacation of the
dangerous site by both.
Coming to General Kayanis view on the deployment of troops one
cannot find fault with this statement that Pakistan sent its forces there in
response to a move by India. He vowed to defend the country at all costs.
There is no denying the fact that risking ones life is no joke, but that is in
the soldiers line of duty. Whether it is mountains laid thick with snow or
plains exposed to strikes by the enemy, the soldier has no choice but to
stay the ground and defend the country. Pakistan has to be wary of its
neighbour and not fall under the illusion that withdrawal of troops first from
Siachen would prompt India to do the same. The territory has to be secured
and, though in economic power lies the real strength of a country, the
situation in which Pakistan finds itself would not permit lowering defence
preparedness. (Editorial, TheNation 20th April)

REVIEW
There was all quiet after adoption of resolution in joint session of two
houses of the Parliament for revisiting Pak-US relations. As apprehended
the resolution is likely to meet the fate of two previous resolutions at
implementation stage. Most probably, the business as usual has already
begun unannounced, irrespective of the contents of the resolution. As long as
dollars keep trickling, who cares about resolutions.
There was also all quiet on the front of judicial commissions,
especially the two probing Abbottabad attack and Memogate scandal. This
quietness suited the regime very well. Therefore, towards the end of the
week yet another judicial commission was constituted to probe Bhoja
Airline crash near Islamabad in which 127 people lost their lives.
Meanwhile, Nawaz Sharif became the first political leader to visit
Skardu, fly over Gayari, meet some aggrieved families and provide them
monetary help. He definitely acquired an edge over his political rivals, but
he wasted that advantage by talking lose about unilateral pull back of
Pakistani troops from Siachen Sector.
Obama Administration and Karzai government moved close to
striking a deal for strategic cooperation during post-2014 period in which
the US plans to retain some bases in Afghanistan. This was made possible
311

after the US conceded on two important counts to Karzai government; night


raids and control of Afghan prisons.
Since visit to Ajmer and having lunch with Manmohan Singh in New
Delhi, Zardari has been aggressively pursuing his mission to normalize
bilateral relations with India. He unilaterally announced that his regime
intended to open Sulemaki border-crossing to boost trade with India.
23rd April, 2012

WAR WITHIN-V
The hearing of contempt of court case against Gilani at last ended on
24 April, courtesy Attorney general of Pakistan who had nothing to say
other than strongly sup[porting the contention of the defence counsel, Aitzaz
Ahsan. The court said that the judgment would be passed two days later.
th

Zardari regime made some moves on political front keeping in mind


that 2012 could be the year of general election. Several PPP parliamentarians
312

from Punjab were inducted as ministers in federal cabinet to regain the lost
ground in the province. Zardari also issued instructions to ensure five days a
week gas supply to industry in the province and IRSA also released full
share of water to Punjab.
Zardari also spent few busy days in Karachi to convince MQM and
ANP, PPPs coalition partners, that because of the next general elections
there is need to suspend criminal activities in the mega city. The three
musketeers agreed and the Scoundrel told home minister of Sindh to proceed
on leave and instructed police to restore peace in Karachi.
The Chief Justice of Pakistan paid special attention to the law and
order situation in Balochistan and pressure so exerted resulted in recovery of
some missing persons. Meanwhile, Imran Khans PTI held a public rally in
Quetta which was termed as a positive development by the observers, who
also noted that status quo forces were bribing some sections of media to
boycott political activities of Imran Khan and his party.

NEWS
Power politics: On 17th April, the Supreme Court observed, during
hearing the petition filed by the Workers Party on the expenditure in the
general elections that the ECP had become a dull body, as it did not
conduct any investigation or scrutinize the accounts of the political parties.
Chief Justice said after 20th Amendment, the ECP was empowered to even
set up caretaker government in the country but it was not exercising its
powers to conduct fair, free and transparent elections.
The court asked Syed Sher Afgan, ECP DG Elections, Have you ever
taken any notice of illegal activities to deter others. The ECP officials reply
was in negative. If the ECP is not taking any action then the post office is
enough for the purpose of nomination papers submission, the chief justice
said. The court asked the commission to approach Accountant General of
Pakistan for audit of political parties accounts.
The Lahore High Court was requested through a writ petition for a
judicial inquiry into the alleged massive corruption in the laptop scheme
launched by Punjab Chief Minister. Petitioner, Mian Shahid Abbas,
President Peoples Lawyers Forum, stated that as per a report of
Transparency International, the laptop scheme would cause a loss of Rs1.70
billion to the national kitty.

313

On 20th April, boasting his dissemination of power to the parliament


and provinces, Zardari criticized Punjab Chief Minister for accumulating
17 ministries to himself. This is the difference between PPP and other
parties How can one person handle 17 ministries? I had power, I could
dissolve the parliament, but I diluted it (presidential power) in every form
and distributed it.
The president said that he granted autonomy to the provinces to make
unity. He said he understand the problems of Punjab and added, I have
given huge funds to Punjab but they could not be seen anywhere. Slamming
Sharif brothers initiatives, Zardari said PPP will get back Punjab in next
elections.
Next day, Prime Minister Gilani described the Seraiki province as a
need of people while addressing a public gathering in Chachran Sharif. He
criticized the opponents, saying they were unduly targeting the PPP
government by accusing it of forcing the issue unnecessarily. He said south
Punjab was a deprived area and the only solution for addressing the
deprivation was to establish a Seraiki province. Meanwhile, around 5,000
chairs were placed at the venue to make the gathering a success; however, a
police officer said 40 per cent of them remained empty.
On 23rd April, Kishor Kumar, a lawmaker from JUI-F was sentenced
after being found guilty in a fake degree case. He was elected in 2008 on a
minority seat. The lawmaker intends challenging the decision in the
Peshawar High Court. Next day, Sindh High Court set aside the ECP
decision of disqualifying PPP candidate, Waheeda Shah, who had won byelection from PS-53 Tando Muhammad Khan. During the hearing, Waheeda
Shahs counsel gave arguments against decision of ECP. On this the court
issued notice to ECP and other persons concerned to appear before the court
on May 15 and also ordered the cancellation of by-poll in the constituency.

Rule of law: On 16th April, security staff of Sharmila Farooqui,


advisor to Sindh Chief Minister, subjected a youth to torture as he was
allegedly overtaking the squad. The youth sustained several injuries while
the squad let the youth going after media men arrived at the scene.
Next day, Prime Minister Gilani came down hard on the ANF for its
daring act of seeking details of visitors to the PM House and warned the
person who dared ask for such an information to confine himself to his
limits. Gilani said ANF was a civilian department of the federal government
314

with its minister, secretary and director-general and none of its officers had
the authority to dictate the prime minister, who was elected by 180 million
people of the country. The ANF officer should consider his jurisdiction, he
added. Gilani, however, refrained from answering questions relating to his
son Ali Musa Gilanis name popping up in different cases.
On 18th April, taking notice over the failure of NAB to submit
fortnightly report regarding implementation of the verdict on Rental Power
Plants (RPPs), the Supreme Court decided to get information about the
progress made in an open court. It also issued notice to NAB Chairman for
his personal appearance before a three-member bench headed by Chief
Justice on 19th April for explaining the reasons behind the delay.
In its judgment, the court had directed to initiate criminal proceedings
against the responsible officials, including federal ministers and secretaries
of the relevant ministries. The name of Raja Pervez Ashraf is also among
them, but the government has made him a federal minister after the verdict.
Prime Minister Gilani asked his son Ali Musa, who has been linked to
alleged irregularities in the import of a large amount of the chemical
Ephedrine, to cut short his honeymoon and return to Pakistan to face a
probe. The Anti-Narcotics Force is probing the ephedrine scandal in which
Musa Gilani has been accused of unlawful quota allotment of the chemical.
Next day, ANF named Ali Musa Gilani and seven others as additional
suspects in Rs7 billion scam of ephedrine chemical substance. Through a 23page investigation report, Brig Fahim Ahmed Khan informed the Supreme
Court that the new suspects also include PM Gilanis Principal Secretary
Khushnood Akhtar Lashari and Ministry of Narcotics Control acting
Secretary Zafar Abbas Luk.
Brig Fahim stated that M/S Berlax and DANAS Pharma
administration claimed to have manufactured 21crore 80lac and 8crore 50lac
tablets respectively but there is no genuine record at their offices supporting
their claims. The manufacture of the Berlux tablets and consumption of the
ephedrine as shown by them has been found fake and bogus when verified
on ground by investigation team of ANF.
Brig Fahim said there were other 20 companies waiting for allocation
of their quota of ephedrine but due to influence of Ali Musa Gilani, the
Prime Minister Secretariat, PM House Lahore and Multan, and Mian Abdul
Sattar, allocation to these two companies was processed very fast and out of
the turn.

315

Fahim stated that Zafar Abbas Luk took over the charge as acting
secretary of the narcotics control ministry with an ulterior motive to
sabotage and mislead the investigation and distort the evidence to rescue Ali
Musa Gilani, Tauqeer Ali Khan, Mian Abdul Sattar and Khushnood Lashari,
and he had acted ferociously for this cause.
Brig Fahim told the court that Narcotics Control acting Secretary
Zafar Abbas had replied to accused Rizwan Ahmed in response to his
application and on the direction of Islamabad High Court no direct evidence
about misuse of quota by DANAS Pharma has been established/found as per
his inference, basing on fake inquiry report.
He alleged that acting secretary was willfully committing conspiracy
and had associated himself with the accused in this case. He also stated that
the narcotics control ministry as well as government machinery was
harassing the witness from health ministry and other lower staff to force
them to backtrack on their statements/version made before the investigating
officer in this case.
He said that ministry of narcotics had given incomplete details of the
case to law ministry on the basis of which the law ministry on March 30
replied to the narcotics ministry that the present case is outside the purview
of CNS Act, 1999, therefore the narcotics secretary on April 30 asked the
ANF to forward the case to Drug Regularity Agency of Pakistan for further
action under the Drug Act 1976.
Fahim also revealed that disregarding the courts April 10 order, Zafar
Abbas in his capacity as ANF director general has transferred ANF HQ
Director Brig Akhtar Mahmood to assets branch and director assets Syed
Marwat Ali has been posted as ANF director. He stated that ANF had filed
an application in the apex court against the posting/transfers because it was
the clear violation of courts April 10 order.
Fahim mentioned that a letter on April 16 was received by fax in ANF
headquarter through which a ban has been imposed on ANF barring it to
release the amount allocated for cash awards without prior approval of
narcotics secretary. He contended that the allocation of ephedrine quota was
the violation of the United Nations Convention.
Perturbed over the harsh criticism against him and his family
(especially his son), Prime Minister Gilani advised Brigadier Fahim Ahmad
Khan not to exceed his limits while investigating the Ephedrine quota case.
Avoid crossing your limits and work in accordance with the rules and
regulations of the civilian government. You should keep in your mind that
316

we (civilian government) have borrowed your services (from army);


therefore, work accordingly, Gilani remarked.
NAB issued arrest warrants of 33 including a minister, ex-ministers
and secretaries in RPPs case. Prominent amongst those whose arrest
warrants were issued, are: Raja Pervez Ashraf, Shaukat Tareen, Liaquat Ali
Khan Jatoi, Tariq Hameed, Salman Siddique and several others.
Earlier the Supreme Court refused to approve the NAB Chairmans
proposal for reutilization of existing RPPs through a transparent bidding
process to address the prevailing energy crisis in the country. The proposal
was made in its maiden fortnightly progress report pertaining to
implementation of court verdict. The bench decided to hear the case in open
court, while Fasih Bokhari was also summoned.
Admonishing the NAB authorities the chief justice said, Not a single
step has been taken by the NAB to implement the court verdict so far, while
the person involved in the scam was given portfolio of minister. We are
giving you seven days to implement the judgment in the RPPs case. You
should arrest the persons involve in the case and submit their challans in the
court of law, the CJP ordered.
The court has almost done investigation of the case and now its
primary responsibility of the NAB to implement the court verdict so that
looted wealth of the national kitty could be recovered, the court said, while
noting that it was not possible in given scenario as not a single arrest was
made so far in the case. Justice Khilji maintained, Public money has been
misappropriated in the RPP contracts; therefore, the NAB is supposed to just
implement the verdict of the apex court.
On 20th April, the Supreme Court, while hearing the Rs7 billion
Ephedrine scam, observed that Narcotics Control Acting Secretary Zafar
Abbas Lak had attempted to create an atmosphere so that the ANF
authorities could not investigate the case impartially. Chief Justice remarked:
We are unable to understand as to why instead of allowing transparent and
fair investigation in the case, such an anxiety is being shown by the (acting)
secretary. This indicates clear intervention in the investigation, as an attempt
has been made to create the atmosphere so that the ANF authorities could
not probe the case fearlessly.
The court suspended the April 3, 18 and 19 orders of Zafar Abbas Lak
regarding closing down of the proceeding of the case as well as stopping the
funds, which are being paid to the special prosecutors. It also said: We are
conscious of the fact that as far as the cases pertaining to the narcotics and
317

drug trafficking are concerned, they are required to be controlled,


investigated and prosecuted mainly by the ANF; therefore, issuance of
directives by the secretary not to release the funds to the prosecutors would
tantamount to interference in the courts functions.
About the transfer of Director ANF Brigadier Akhtar, the court
directed the acting secretary to reverse the orders. During the course of
proceedings, the court grilled Zafar Abbas, when he alleged that the ANF
officers were mutinous and they did not follow rules and orders. He also
alleged that the ANF commanders trapped the people by hiding heroin in
their luggage or vehicle. Tomorrow they can do the same with the prime
minister, he added.
The court also declared that the acting secretary could not assume the
charge of the DG ANF. Justice Khilji Arif Hussain questioned it means that
thousands of other cases registered by ANF were also fake. Salman Raja said
he had gone through all the record of the case but was amazed that why his
clients were declared as accused. Later, the court adjourned the hearing for
three weeks.
Ali Musa Gilani, son of Prime Minister, postponed his return to
Pakistan as he could not get a pre-arrest bail. Sources said Ali Musa had
been asked to stay in Dubai, as the ANF had decided to arrest him on his
return to Pakistan and he was named in the Ephedrine case for that purpose.
Fawad Chaudhry, the counsel for Ali Musa, told a private TV channel
that an application for the pre-arrest bail of his client would be filed in the
apex court. Musa Gilani will return only after he is granted a pre-arrest bail
by the court. The Supreme Court had earlier issued a notice to Musa and
directed him to appear before it, as part of the on-going investigation
regarding the import of controlled substance ephedrine.
On 24th April, in a major development in ephedrine quota scam, the
Anti-Narcotics Force, widening its circle of investigations, summoned
owners of 11 more pharmaceutical companies for their alleged involvement
in this particular case. The scam involves the violation of rules while
awarding contract to import 9,000kgs of ephedrine to two companies
allegedly under the influence of Prime Ministers son Ali Musa Gilani.
Next day, the government filed a review petition in the Rental Power
Projects (RPPs) case, telling the court that adoption of RPPs as a short-term
measure was a proper exercise and the courts verdict was
unconstitutional. It said the courts direction for taking criminal action was
not in accordance with the principles of natural justice. The federation
318

prayed that in the national interest and to avoid multiple litigation in


Pakistan and abroad the court may consider as a way forward, a process of
contract reformation which may include re-determination of tariff by Nepra
in the interest of the consumers.
Hearing a petition regarding the crash of an Air Blue plane in Margla
Hills on July 28, 2010, Peshawar High Court chief justice suspended Civil
Aviation Authority director general for not complying with the court order
and directed Air Blue administration to ensure payment to families of
Islamabad crash victims within 20 days. He also issued contempt of court
notices to the DG and defence secretary while a show-cause was issued to
managing director of the airline.
The chief justice also inquired about the owner of Bojah Airline a
plane of which crashed on Friday in Rawalpindi, killing all 127 onboard. He
was informed that the owner belonged to Karachi and remained on several
high posts in PIA. The justice remarked there was a time when GTS
managers would reserve seats in their buses for high government officials
and now those managers are the owners of hundred of air-conditioned
coaches. Similar is the case of PIA which has been engulfed by the corrupt
officers and now they are operating their own airlines.
The chief justice observed how would the corrupt defend the
incumbent democratic system and wondered as when these people would be
fearful of God Almighty to whom they are all responsible. He also served
show-cause to those who had issued license to Bojah Airline and suggested
canceling its national and international operation. The court adjourned the
hearing until May 30.
Anti Narcotics Force summoned Prime Minster Gilanis son Ali Musa
Gilani for questioning regarding the import of prohibited chemical. The ANF
also summoned federal secretary Zafar Abbas Lak, while Principal Secretary
to the Prime Minister Khushnud Lashari was summoned on Friday (April
27).

Defiance of judiciary: On 16th April, as the proceedings started on


the implementation of NRO judgment, it was being expected that another
contempt of court notice would be issued to Prime Minister Gilani over his
persistent non-compliance of the court order, but the court deferred this
matter until May 3, giving another chance to the PM. The court on March 8
had ordered the prime minister to write letter to Swiss authorities for
reopening graft cases against President Zardari, which has so far not been
complied.
319

At the conclusion of the proceeding when Justice Nasirul Mulk was


dictating the order the newly inducted attorney general Irfan Qadir stood up
on his seat and started saying that the court should take notice of tickers
(news briefs) being run against the prime minister and NAB on private TV
channels. Actually required to act as prosecutor, he instead became defender
of the PMs defence counsel, saying: A private TV channel has become
active against Aitzaz Ahsan and sought court ruling to ban tickers against
PM and NAB.
During the proceeding, NAB chairmans counsel Shaiq Usmani
submitted inquiry reports about Adnan Khawaja and on Ahmed Riaz Sheikh.
Adnan was first appointed chairman of NAVTEC (National Vocational and
Technical Education Commission) and then chairman of OGDL (Oil and
Gas Development Company Limited) while Sheikh was appointed additional
DG in FIA. However, the court had intervened and struck down their
appointments. The bench termed the reports unsatisfactory.
Taking exception to NAB attempt to shield influential persons like
Adnan Khawaja and Ahmed Riaz Sheikh, the Supreme Court warned the
bureau chairman it could direct for criminal proceedings against him. Justice
Khosa warned that the court has not yet closed the option of taking action
against the NAB chairman. During the proceeding on January 10 the court
had observed that NAB chairman has attempted to screen, shield and protect
the relevant persons from criminal charges, and observed this illegal act may
attract consequences in some criminal and other laws and the court could
issue corrective directions in these circumstances.
Not an individual, whatever his name or office he holds, but only the
law shall rule the country, observed a seven-member bench headed by
Justice Nasirul Mulk while hearing the implementation of NRO judgment.
The bench directed NAB to make positive efforts for the repatriation of
former attorney general Malik Qayyum but deferred the matter of
implementation of NRO judgment, thereby giving Prime Minister Gilani
more time for implementation of court orders.
Earlier, Aitzaz Ahsan dwelled upon Article 10A. He quoted judgments
of Indian and Bangladesh courts regarding the fair trial. His main thrust was
that a man cant be judge for his own cause. The court made it clear to the
PMs counsel that no judge in the bench is sitting for his own personal
cause, but their main concern is the national interest and they seek retrieval
of looted national wealth from the foreign banks.

320

Justice Sarmad Jalal Osmany said: We have interest in the outcome


of the case only. He asked the counsel to substantiate as to what was the
interest of seven judges, hearing the contempt matter against the PM. Aitzaz
persisted that the judges, who issued notice and then framed charges against
the Prime Minister, cannot hear the contempt matter. Justice Khosa asked
Aitzaz if they would acquit the PM in this case, would he still call it a wrong
judgment and appeal against it. The hearing was adjourned till today
(Tuesday).
Hearing a plea regarding the registration of second FIR in Benazir
Bhutto murder case, the Supreme Court observed that Interior Minister
Rehman Malik should dissociate himself from the official post till the
completion of investigation, as he was among the accused mentioned by the
applicant. The court also questioned the deputy attorney general why the
federal government had not published the United Nations (UN) investigation
report, despite spending millions of dollars on it. It noted though the party
(PPP) of Benazir Bhutto was in power but they were opposing the
registration of fresh FIR for further investigation. The nation wants an
answer about the murderers of its great leader, the court added.
The petitioner Aslam has sought the registration of FIR against 12
respondents, including former president Gen Musharraf, former Punjab chief
minister Chaudhry Pervaiz Elahi, Interior Minister Rehman Malik, former
law minister Babar Awan, the then acting interior minister Lt-Gen (r) Hamid
Nawaz), former director general of Intelligence Bureau Ijaz Hussain Shah,
former interior secretary Syed Kamal Shah, former spokesman of interior
ministry Brig (r) Javed Iqbal Cheema, former Rawalpindi DCO Irfan Elahi
and the then SP.
Earlier, the court was informed that two respondents Rehman Malik
and Pervaiz Elahi had opposed the registration of second FIR. In his parawise comments, Rehman said there was no need to lodge a new FIR, as all
the accused had already been arrested. The CJP also observed it was very
sad that the government was making all efforts to block registration of a
fresh FIR against Kamal Shah, Javed Cheema and others.
Anwar Mansoor Khan, the counsel for Rehman Malik, sought
adjournment of hearing for a week on the ground that he wanted to file a
reply. He contended the applicant had moved application to hush up the BB
murder case, adding that he wanted to submit some important documents,
which had not been filed by Aslam.

321

Anwar further stated the applicant was not aggrieved person in the
case; therefore fresh case could not be register on his application, but Justice
Khilji Arif Hussain rejected his argument, saying the applicant was a worker
of the PPP and an eyewitness of the December 27, 2007 incident.
Meanwhile, Rasheed A Rizvi stated that the government had not
conducted investigations in view of UN report. He said that though the
government is seeking court opinion on 40 years old matter (Zulfiqar Ali
Bhutto murder case) but is not interested to reopen the BB murder case,
which is fresh one.
Advocate on Record Mahmood A Sheikh told the bench Babar Awan
was in India and he would engage his counsel after his return. The court
observed although the interior minister had filed the para-wise comments,
but his counsel insisted submitting a fresh statement, adding that it would
examine whether it would be permissible to accept Mansoor's request on the
next date of hearing. In view of the plea filed by Ahmad Awais, the counsel
for Irfan Elahi, the court adjourned the hearing till April 24.
On 18th April, the Supreme Court again urged the government to write
to the Swiss authorities, saying they do not have any personal grudge or bias
against anyone but want return of public money stashed away in Swiss
banks. Justice Khosa told Aitzaz Ahsan, We never asked for prosecuting the
president but ordered to revive Pakistani claim on the laundered money
lying in Swiss banks. He said the court was neither against President
Zardari nor Prime Minister Gilani but wanted the implementation of 17member benchs judgment on NRO.
Aitzaz reiterated his stance that as long as Zardari is president the
letter cant be written to Swiss authorities. He said he expected the court to
refrain from pressing the prime minister on the letter issue. The parliament,
he said, was the only authority that can make constitutional amendments and
it can nullify any court order. Aitzaz completed his argument on article 10A
of the constitution and started arguing the immunity under international law.
He briefed the court about Vienna Convention.
Justice Athar Saeed questioned whether Zardari was president when
former attorney general Malik Qayyum wrote letter for withdrawing legal
mutual assistance. Justice Khosa said: Writing letter will not cause harm to
the worthy president. Justice Osmany questioned whether the head of state
is accountable before the court. Aitzaz replied the president was answerable
to the courts in Pakistan, but in accordance with the constitution and he was
not accountable to the foreign courts. Giving his formulation on the point of
322

international immunity to head of state he said: The head of state enjoys


absolute immunity under international law from the jurisdiction of all the
courts all over the world in all civil and criminal matters.
Justice Nasir asked how the question of presidential immunity was
relevant in the case at hand as they have ordered the PM to write letter to
Swiss authorities for reopening graft cases against NRO beneficiaries. The
court asked Aitzaz that if you say the president has immunity then claim it
before the Swiss courts, as this was the matter between the accused and the
Swiss authority.
Justice Nasir asked the counsel to read the letter of Malik Qayyum,
which he wrote to the Swiss on 6-11-1997 to withdraw right of becoming
civil party and seeking legal mutual assistance regarding laundered money in
the Swiss banks, and then remarked, but you are saying that the letter could
not be written against President Zardari. Justice Khosa said: We are asking
you to write letter against other accused.
Earlier, on many occasions during the case proceedings Aitzaz had
stated that there was no other accused except President Zardari whose cases
were pending in Switzerland. However, during Wednesdays hearing he
admitted that late Benazir Bhutto and Nusrat Bhutto were also accused in the
case along with President Zardari. Justice Khosa said all over the world it
was settled law that no trial could be held against the dead persons, then why
the PPP leaders were making it an issue that writing letter to the Swiss
authorize was tantamount to the trial of Benazir Bhuttos grave.
Justice Khosa asked Aitzaz not to equate the cases in Swiss with those
in Pakistani courts. The matter in Switzerland is of money laundering, but
here (in Pakistan) it is related to kickbacks. Addressing Aitzaz, he
remarked, You say that cases in the Switzerland were closed on merit. But
according to the documents the Swiss appellate court remanded the case to
lower court as it awarded less (than appropriate) sentence.
Aitzaz requested that the case be referred to larger bench, asking the
three-member bench not to use coercive measures for the implementation
of its order. Justice Khosa remarked that it seems strange that the applicant
(PM) was saying that he did not follow the court order because someone else
has the immunity. He said the immunity has to be invoked, saying that
suppose if the prosecutor appear before the Swiss court then he would tell
the court that President Zardari enjoys immunity. The bench asked the
counsel to conclude his arguments tomorrow and adjourned the hearing.

323

The Supreme Court refused to accept the apology letter of Babar


Awan in the contempt of court case, baffling not only the counsel of former
law minister but also the senior lawyers present in the courtroom. The court
issued a contempt of court notice to Babar Awan for addressing a press
conference on its December 1 order in memo scam.
Ali Zafar, representing Babar Awan, expressed surprise and asked
whether the court wanted to frame the charges against his client or accept his
apology. The objective of it was to uphold the dignity of the court, but if the
court wanted to prosecute him then it would be strange. According to the
Contempt of Court Ordinance 2003, a person who is convicted of contempt
can seek apology at any stage. Justice Ejaz Afzal remarked they wanted to
see whether the apology is bona fide or not? He said it was not mandatory,
but is the discretion of court to accept the apology or not?
Next day, the Supreme Court said it will stop contempt proceeding
against Prime Minister Gilani right away if he gives commitment to write to
Swiss authorities even now. Aitzaz argued that the PM last year was directly
ordered to implement the court judgment in NRO case, while earlier the
court had issued directions to the federal government means the minister
and particularly the secretaries. Justice Osmany said the prime minister was
in knowledge of the court order on implementing December 16, 2009
judgment, adding the criminal trial before the bench is the offshoot of noncompliance of the apex court order.
Justice Khosa said the court never wanted to go to this extent;
therefore, it first ordered the government to submit the summaries and then
issued warnings. Besides that, when nothing happened they gave six options,
which were still open. Aitzaz said those were coercive measures. Justice
Khosa said if other options are coercive then contempt option could be
adopted. Aitzaz objecting to that said the court cant do that. Justice
Osmany stated, you leave that up to the court.
Justice Khosa said the PM represents 180 million people of Pakistan
and there were lot of responsibilities on his shoulders, while the judges were
answerable to God. Aitzaz said the burden on judges shoulders was of
constitution and they have to act in accordance with the law. Justice Sarmad
said obeying to law was the responsibility of everyone and not the judges
alone.
Arguing immunity to head of state under international law, Aitzaz
said: From the day one I never discussed presidential immunity under
article 248 of the constitution but it was wrongly attributed to me. Justice
324

Khosa in a light vein said for the last one year the whole country was
discussing article 248, but you say you dont like to debate it in the court.
The court asked Aitzaz to conclude his argument on 20th April.
At the outset of the hearing, Aitzaz presented United Nations report
titled Preliminary report on immunity of State officials from foreign
criminal jurisdiction to support his argument on presidential immunity.
Aitzaz insisted that the president has immunity in both civil and criminal
cases. On this Justice Osmany said there is no bar on writing the letter.
Ahsan said that not only the president, but the foreign minister also
enjoyed immunity. Justice Khosa observed that once an international
magistrate had summoned the Sudanese president and issued arrest warrants
for him. In his defence, Ahsan said that this was an exception and in cases of
war crimes, presidents can be summoned by International Court of Justice.
Aitzaz also cited Vienna Convention on Diplomatic Relations 1961,
and Vienna Convention on Consular Relations 1963, besides State Immunity
Ordinance (vi) of 1981. He said a head of state enjoyed absolute immunity
under the international laws under jurisdiction from all domestic courts all
over the world in all civil and criminal matters.
The Supreme Court reserved its verdict on Babar Awan contempt case
and postponed the hearing 24th April. Babars counsel Ali Zafar told the
court that his client had submitted unconditional apology and there was no
reason to frame charges against him. However, Justice Athar Saeed said the
bench had made up its mind as the written apology landed very late.
On 20th April, Aitzaz contended that the conduct of the Prime Minister
is not contemptuous as he has no intention of flouting the judgment of the
Supreme Court and seeks that the implementation of the judgment to the
extent of writing letter to Swiss authorities for reopening graft cases be
postponed till the time Zardari holds the office of the President.
Aitzaz while concluding his arguments stated that his client holds the
court and the judiciary in highest respect but he is caught between
implementing the Supreme Court order and due respect of the office of the
President, irrespective of who is presently occupying it. He said that the
President is the symbol of Federation and the most important component of
Parliament and Supreme Commander of Armed Forces, therefore, even to
suggest that he should in any manner be exposed to foreign magistrate
would damage the office and sovereignty of the State.

325

He stated that the judgments and order of the Supreme Court need to
be implemented and even the National Reconciliation Ordinance (NRO)
judgment to the extent to write letter must and will be implemented upon the
relinquishment of the office of President by the incumbent President
Zardari. During the proceedings, he contended that under the national as
well as international law, neither a letter could be written against the
President, nor it should be written.
Justice Sarmad Jalal Osmany confronting Aitzaz said when your
stance is that immunity to Head of State remains even if it not invoked then
the Swiss authorities would also be aware of it. He said that how legally and
technically possible that upon writing letter the Swiss court will start
prosecution, adding, the apex court wanted that letter to Swiss authorities
should be written to revive the claim of becoming third party on money
lying in Swiss banks.
Justice Ijaz Afzal noted that the Prime Minister was firm on not
obeying the court orders. Can any one say that he will implement the court
order by his own will, he inquired. Aitzaz contended that writing the letter
was tantamount to withdrawing the immunity of the President.
Justice Khosa noted that it seemed as if the Prime Minister would not
write letter during his (PM) tenure. If it happens, everyone would do so on
different pretexts, Justice Muhammad Ather Saeed observed. The court
adjourned hearing for April 24, directing Attorney General Irfan Qadir, who
is acting as prosecutor in the contempt case, to start his arguments on next
hearing.
On 23rd April, Prime Minister Gilani has a detailed discussion with
Attorney General Irfan Qadir on various legal aspects and the expected
outcome of the contempt of court case pending against him in the Supreme
Court of Pakistan. Irfan will start his arguments in the case as prosecutor on
April 25 and would take couple of days to complete his arguments.
Next day, AGP Irfan Qadir defended the prime minister in the
contempt case, but acknowledged the fact that the government had lied
about fully implementing the apex courts verdict on NRO. After hearing the
AGP and Aitzaz Ahsan, the court decided to announce the judgment on April
26 and directed the PM to appear in persons on that day.
Irfan Qadir ruled out the culpability of the PM in the case, saying, the
prime minister did not commit contempt of court and the charges were
absolutely groundless. The premier was never a party to the main case, as
prior to the framing of charges there was no direct order issued to him
326

(prime minister) to write letter to the Swiss authorities. He said it was


unclear on what date the PM committed contempt, as he prayed the court to
refer the important matter to a larger bench.
He stated that contempt of court was not the right way to implement
court order. When the court asked him about the harm in writing the letter,
Irfan replied: I hope the court would not pass any order which end up in
futility. He said the situation had arisen due to the lack of proper assistance
to the court. Justice Asif Saeed Khan Khosa asked the attorney general if he
had any solution to assist the court in resolving the matter. Irfan in his reply
stated: I will try to suggest the ways, and simply added: I have explained
everything to you.
Regarding the NRO verdict the AGP said the judgment was unique in
the judicial history. He asked why over 8,000 persons affected by NRO
judgment were condemned unheard? And why the court was insisting on
implementing para 178 while the judgment comprising 300 pages? The court
noted that these points were raised in the review petition and now the matter
was closed. Irfan said as an attorney general, it was his duty to see where the
wrong was done.
He urged the court to apply judicial restraint, saying; I am for
national reconciliation. He stated that due to the NRO judgment many
honest persons ex-AGP Anwar Mansoor, ex-chairman NAB Naveed Ahsan
and former prosecutor general NAB Dr Danishwar Malik lost their jobs.
The AGP further said he would do whatever was the best in national interest.
Justice Sarmad Jalal Osmany questioned was it not in the national
interest that money lying in Swiss banks should come back with that so
many schools and hospitals could be established. He asked the attorney
general why the government was showing resistance in writing letter to the
Swiss authorities. The attorney general, while supporting Aitzaz Ahsans
stance, maintained that letter could not be written and in anger stated, If
tomorrow the court passed an order to conquer the world then should we
start war with America?
The attorney general said when he was in NAB they had inquired the
matter whether the law ministry gave any authority to Malik Qayyum,
former attorney general, to write letter. Presenting a summary of law
ministry dated 23rd April 2012, he said the AGP did not require permission of
any authority to write letter, therefore the letter written by Malik Qayyum
was lawful. The attorney general argued that the base of para 178 was Malik
Qayyums letter was not implementable. Justice Khosa remarked the cases
327

were closed in Switzerland on the statement of Malik Qayyum as he wrote


to Swiss authorities that there was no conclusive evidence against the
accused.
Earlier, Irfan Qadir contended that no law addressing the contempt of
court existed in the country. No sentence can be announced under the
existing Contempt Ordinance 2003 as it was not adopted by the Parliament.
He said contempt of court ordinance was promulgated in July 2003 and
expired in December 2003. Justice Asif Saeed Khan Khosa, however,
reminded Irfan Qadir that under the same ordinance, the court had given
several judgments. Justice Sarmad Jalal Osmany asked the prosecutor as to
whether those judgments, given under the contempt ordinance, were wrong.
After hearing the AG, the bench inquired from Aitzaz Ahsan whether
he would like to rebut the arguments of prosecutor. The learned counsel
instead of rebutting said the confusion has ruled the trial on criminal side,
adding that the same bench was sitting on the criminal trial and also on the
implementation of NRO judgment, thus prejudicing the trial.
Beneath the ostensible calm in the face of the judgment in the
contempt of court case against Prime Minister Gilani reserved by Supreme
Court, the PPP leadership was engaged in hectic activities to cope with the
situation on political horizon in case the court would pronounce PM guilty.
Gilani had several times said that in case of conviction he would neither
claim clemency from the President nor would stay in the office of Prime
Minister, though the moment he would be convicted by the court he would
not even remain a member of Parliament.
But there was strong possibility that Gilani would not bow out calmly
and would drag the apex court in the legal complexities and the Prime
Minister would stay in office even after his conviction by the court till the
time the procedure of his de-seating as member of the Parliament would be
completed, as hinted at by his counsel Aitzaz Ahsan while talking to media
after the court proceedings.
The party leadership was prepared not to let it be an easy affair and
would fight back tooth and nail but the doves in the Prime Ministers camp
were of the opinion that instead of locking horns with apex court the Prime
Minister should step down immediately in case court would pronounce him
guilty of contempt of court with the aim to swing the public opinion in
favour of the PPP and by portraying him as another political martyr.
As the hawks and doves in the party were sticking to their point of
view the final decision in this connection would be taken by the partys top
328

leadership and most likely Zardari would draw future course of action. PPP
had prepared alternate plans and in case of conviction of the Prime Minister
the party would bring another party loyalist to fill the vacancy of the slot for
which a number of names were already under review, including Makhdoom
Shahbuddin, Faryal Talpur and Ghaus Ali Shah.
In the meantime the PPP leadership continued their tirade against the
apex court and to browbeat the superior judiciary by openly commenting on
the court proceedings and even the defence counsel in the case Aitzaz Ahsan
after apex court reserved judgment in the case said that even in case of
conviction the Prime Minister would stay in office till the time the process of
his de-seating would not be completed. Legal and political observers saw all
these utterances by the PPP leaders as pressure tactics to intimidate the
superior judiciary and tantamount to influencing the court verdict as this
practice continued throughout the trial and could rightly be dubbed as the
case mainly contested in media instead of the court.
On 25th April, Prime Minister decided in a meeting to appear in the
Supreme Court accompanied by his courtiers and allies to hear the decision
in contempt of court case on 26th April. He said: We are satisfied with the
input given by our lawyers and we are also satisfied with the input by the
Attorney General.
Kaira said the prime minister has also convened a special cabinet
meeting in Islamabad after the court proceedings. The chief ministers of
Sindh, Khyber Pakhtunkhwa, Balochistan, Gilgit-Balitistan (GB) and
governors of all the four provinces as well as GB have also been invited to
discuss future course of action of the federal government in the light of
Supreme Court decision. Punjab Chief Minister has not been invited to the
special meeting.
According to what the PPP leadership has in its mind, it may take well
over six months or so to get the PM House vacated from Prime Minister
Gilani even if he is sentenced to imprisonment by the court. The PPPs top
leadership intends to exhaust all legal options available in the Constitution to
fight the case of its prime minister in the Supreme Court.
Railways Minister Haji Ghulam Ahmed Bilour stated that Prime
Minister Gilani, whether convicted or freed by the Supreme Court, will be
the hero in both situations. ANP leader stated this while talking to the media
after inspecting the site of the blast at Lahore Railways station.

329

Taming the military: On 23rd April, Chief Justice expressed grave


concern over the missing reports of Mehran and Habib banks commissions
and asked the Attorney General of Pakistan (AGP) to register cases against
the responsible officials, if the documents were not found. He said the court
could not pass judgment on the basis of the affidavits filed by various
persons; therefore, it was necessary to submit reports before the bench to
establish the facts.
The bench heard the Asghar Khan petition regarding the alleged
disbursement of funds among politicians by the ISI. The petition was based
on an affidavit filed by former ISI chief Asad Durrani. Attorney General
Ifran Qadir informed the court that the reports were not available with the
ministries of interior and law and justice.
The chief justice asked him to give statement in writing and directed
to hold meeting with the secretaries interior and law and justice about the
missing reports of the commissions formed on Mehran and Habib banks.
The attorney general said Justice Saqib Nisar was the law secretary when the
inquiries were held, adding that he would definitely have a lot of
information about the reports. He said Justice Saqib should be asked to
provide the information about reports. The chief justice said Justice Saqib
Nisar could not be questioned, as he was an honourable judge of the court.
The AGP also mentioned the name of MA Farooqi, saying he was the
secretary of judicial commission, to which the chief justice asked him to
contact him, if he wanted to do so. Justice Khilji Arif Hussain said it was a
right of the nation to know the truth and what was happening with them.
The court directed secretary law to submit the report of the banking courts
where the cases of Younus Habib were heard.
Meanwhile, the Intelligence Bureau (IB) also submitted a report on
the use of Rs270 million. The court observed that the report did not provide
details of the spending and asked the attorney general to obtain the same.
The court said it would keep the report classified. During the last hearing,
the bench had ordered IB Director General Aftab Sultan to submit a report
about the distribution of Rs270 million, allegedly used by IB to dislodge
PML-N government in Punjab in 2009.
Akram Sheikh said Younus Habib owned a plaza worth Rs50 billion
and 2000 acres of land in Karachi. The chief justice stated that they had
nothing to do with it as they were hearing the matter of disbursement of
funds among politicians to topple late Benazir Bhutto government. The
court said in light of some media reports regarding a commission, criminal
330

proceedings were initiated against Younus Habib, but NAB entered into plea
bargains with former bankers for the return of money. Therefore, the NAB
was directed to inform the court about the plea bargains in the next date of
hearing. Hearing was adjourned till April 25.
On 25th April, the court directed Akram Sheikh to furnish details of
account, as mentioned by the former army chief General Beg, before the
next hearing. The court also ordered NAB Additional Prosecutor General to
collect the record in which Younus Habib had entered into plea bargain.
During the proceeding, the chief justice said: Instead of constituting a
commission for the return of money, the court could see what had been the
role of army chief in the past.
The counsel for Asghar Khan, Salman Akram Raja, said a senior
journalist Hamid Mir had informed him that he was in possession of the said
reports, adding that he could request him place the same on record. Chief
Justice directed him to take the reports from the noted media person and
present it before the court.
Salman argued the court should decide whether the subordinates were
bound to obey the unlawful order of a higher official, while this court again
and again stated that a subordinate should follow only the lawful orders of
his or her superiors. Justice Khilji said the discipline in army demanded that
superiors orders must be followed and there would be problems if the
soldiers started questioning whether an order given to them was lawful or
illegal. We, therefore, have to be careful and not to defame anyone.
Akram Sheikh said his client had nothing to do with the disbursement
of funds, as he only supervised the distribution of money as the army chief.
The chief justice questioned was it the job of an army chief, to which Sheikh
pleaded that the court had to see the statement of Beg separately with other
facts, as an army chief appearing before the court for the first time in the
countrys history said that the political cell in ISI should be closed.
Akram Sheikh argued that besides a volatile situation, Aslam Beg did
not promulgate martial law in the country and arranged for transferring
power in accordance with the law. The court said but he should have been
mindful in case of distributing money to topple the political government. He
should have said no to involve army in the dirty game, the chief justice
added.
Attorney General Irfan Qadir said the reports of Mehran Bank and
Habib Bank scandals had not been found in the Interior Ministry, except the
report based on memory of the then director FIA Rehman Malik, the
331

incumbent federal minister. But the court said such document was not
acceptable under the law. The AG assured the bench of making all-out
efforts to trace out the said reports.
In compliance of courts earlier order Naveeda Noor, Assistant
Director (Legal) Intelligence Bureau (IB), submitted a sealed envelope
containing the accounts of IB for the year 2008-09. The move is a result of a
news item published in an English daily that an amount of Rs.270 million
was used by the IB for toppling the Punjab government. On the request of
the attorney general, the hearing was adjourned till May 10.

Recessing economy: On 17th April, the NEPRA issued


notification of increase in power tariff by Rs1.67 per unit. New tariff will go
into effect next month. The increase has been announced as per monthly fuel
adjustment for September 2011. Meanwhile, the Ministry of Water and
Power announced that power outages will continue for the next six months.
On 19th April, reports from rural areas falling in the jurisdiction of
IESCO said that in most of the days the power supply was cut off for six
hours in a go creating difficulties for the people who are unable to get even
drinking water supplied through water supply schemes. Different areas of
Punjab witness 14 to 20 hours load shedding during a day due to difference
in supply and demand of electricity as shortfall has reached 6500 MW.
On 23rd April, it was reported that instead of forcing local and multinational pharmaceutical companies to ensure availability of cost effective
and reliable lifesaving drugs in the market, the government allowed
considerable increase in the prices of hundreds of medicines including the
so-called substitutes of what are called orphan drugs by the medical
community. Increase in the prices of so-called substitutes has put orphan
drugs under more stress and as such nearly ruling out the possibility of their
availability in the market.
With the government support, all powerful local and multi-national
pharmaceutical companies are increasing the prices of alternatives of tested
lifesaving drugs to unrealistic level, decreasing production of original and
reliable medicines having little or even no profit margin, and as such further
widening the gap between the prices of original and alternatives. As such
government is allowing pharmaceutical companies to earn huge profit by
increasing prices of drugs while distributors and retailers are earning easy
money by creating shortage of low cost lifesaving drugs at the cost of health
and even lives of the patients.

332

Provincial disharmony: On 23rd April, President Asif Ali Zardari


advised government to work out a plan to ensure uninterrupted gas supply to
industry in Punjab for five days a week commencing from first week of
May. President said that textile industry was playing an important role in the
countrys exports and there was a need to select out of the box solutions to
address issues being faced by the industry and to enhance value added
exports of textiles.
Next day, Punjab Chief Minister conveyed his grievances to Prime
Minister over schedule of load shedding in the province. During a telephonic
conversation with the PM, he expressed his serious concerns over nonimplementation of the decisions taken in Energy Conference held in Lahore.
He said Punjab province was unscrupulously being exploited as its
agricultural and industrial sectors had been destroyed while hundreds of
thousands workers were facing unemployment.
On 25th April, Nepra notified Rs2.38 per unit fuel adjustment cost to
be recovered from the consumers against the units they consumed in
February and March. The decision, corresponding to a period of time when
entire country was facing worst-kind of load shedding, would however not
be applicable to KESC and life-line consumers.

Baloch militancy: On 17th April, the Supreme Court said


provincial and federal governments were responsible to maintain law and
order in Balochistan and provide security to the life and property of the
citizens as per the Constitution. Chief Justice observed that the situation
prevailing in the province needed special attention of both the governments.
Advocate General Balochistan, along with acting SP operations of
Quetta City, appearing before the court and informed that complying with
the courts directions, all the three persons Dr Naseer Ahmed, Akhtar
Langoo and Abdul Hafeez Rodiani had been recovered. The court was
informed that these persons had reached their homes, adding, they also got
recorded their statements under Section 161 CrPC before the police. He
submitted the copies of their statements.
The chief justice noted that the statements were stereotype in nature.
The Advocate General Balochistan was directed to produce these persons in
court on the next date of hearing at Quetta. The apex court on the request of
Advocate General Balochistan adjourned the case till 30th April.
Next day, Nawab Lashkari Raisani resigned from the PPP as well as
from the Senate over the governments failure to rescue the crisis-ridden
333

Balochistan. His resignation is a strong indictment of PPPs lack of concern


for the Baloch. He also blamed the provincial government for inaction.
On 20th April, Pakistan Tehreek-e-Insaf chief said that incumbent
rulers were not capable of solving the Balochistan issue. If PTI is voted into
power, it will provide all political rights to the people and deliver justice,
Imran said addressing a public gathering in Quetta. A large number of party
workers belonging to other districts of Balochistan also attended the
meeting.
He held Nawaz Sharif responsible for the prevailing crises, saying
PML-N chief had asked APDM to boycott elections that resulted in severe
damage to Balochistan. Criticizing rulers of Balochistan, Imran said Rs110
billion had been given to the incumbent government under NFC-Award but
the condition of roads and people was miserable.
He said PTI was standing with relatives of the missing persons and
would play its role for their recovery. PTI would solve the issue of missing
persons in accordance with justice. Imran asked angry Baloch leaders to
come and talk with him and assured them he would not backtrack from his
promises at any cost. He said the PTI would introduce best police system in
Balochistan which could compete with the police of other countries and
would be impartial.
Unidentified gunmen kidnapped Jamhoori Watan Party leader
Shahzain Bugtis lawyer. Meanwhile, the Balochistan Bar Association
condemned the kidnapping and announced boycott of the courts against the
abduction. President BBA, Dawood Ahmed rapped the authorities for their
failure in maintaining law and order and called for immediate recovery of
Mukesh Kohli.
Next day, two Hazara people were killed in Quetta by an unidentified
gunman. FC claimed to have arrested two people for killing Hazara people.
In Bostan area of Pishin district two bullet-riddled bodies were founded.
Levies Force men recovered a body dumped in gunny bag near local hotel in
Chaman area of Killa Saifullah district.
On 23rd April, five people, including a youngster were wounded in a
hand grenade incident in Khuzdar district. Two terrorists were killed and a
policeman wounded in a shootout in Quetta. Next day, a gas pipeline and a
power pylon were blown up in Dera Bugti and Barkhan districts while two
people were kidnapped in Naseerabad.

334

Turf war in Karachi: On 16th April, five persons were killed and
dozens injured in various incidents of violence in Karachi. Next day, armed
motorcyclists attacked a roadside teashop, killing two young brothers and
injuring five others that included the father. Meanwhile, Police claimed to
have arrested three extortionists and recovered weapons from their
possession in two different areas of the city.
On 18th April, 13 people were killed and several injured in separate
incidents of violence in Karachi. Police in their drive against criminals,
arrested 21 accused from various areas of the city during the past 24 hours.
Those arrested included absconders and proclaimed offenders.
Next day, Sindh High Court Chief Justice took notice of violence in
Karachi that took lives of 16 people over the last 24 hours. He sought an
immediate report from IG Police and DG Sindh Rangers into the targeted
killings and suspects arrested by the law enforcement agencies.
On 20th April, the scourge of ethnic and political bloodletting
continued in the port city, killing at least 18 people and wounding several
others. The reason behind this fresh wave of violence was cited as killing of
an MQM worker, Naeemuddin, in Gulfamabad area of Orangi Town. Next
day, at least five more people were killed in separate incidents of violence in
different areas of Karachi.
On 22nd April, four people including two members of pro-government
Aman force were killed in separate incidents of landmine explosions across
Balochistan. Next day, President Zardari said that lawlessness in Karachi can
be effectively tackled if the three main players PPP, MQM and ANP join
hands to confront and defeat the menace. Chairing a meeting of the allied
parties at Bilawal House, he also directed for setting up a committee
comprising the representatives of these three parties to have constant liaison
with Sindh home minister and the chief minister to remove any misgivings
about the operation against the law breakers, extortionists and the target
killers in the metropolis.
President Zardari emphasized the need to identify the criminals and
carrying out an indiscriminate action against them. And, though all the three
parties had a large and heavy presence in the meeting clearly showing their
interest in solving this most troublesome riddle, but the media talk of their
bigwigs following the moot revealed that they remained as much divided as
before, especially on the local bodies polls. On the other hand, Federal
Interior Minister Rehman Malik claimed that activists of PPP, MQM, ANP
and others parties were involved in the act of extortion. Talking to media
335

persons, he vowed to take indiscriminate action against the terrorists in


complete disregard to their political affiliations.
On 24th April, President Zardari emphasized that law and order in
Lyari will be maintained at all costs without fear or favour with the help of
law-enforcement agencies and asked the party workers not to be provoked
by taking the law into their own hands. Chairing a special meeting on the
law and order situation in Lyari which was held at Bilawal House, he said
that the situation in Lyari has to be tackled both by use of force against
criminal elements and by pressing into service political means by way of
addressing the genuine problems of development of the area.

VIEWS
Power politics
March to a real change: The repeatedly tried and tested
stereotypical leadership, with all its inherent pitfalls, weaknesses and
incompetence is the core reason for Pakistans continuous decadence. What
we see in the post-general election scenario is a replica of the same;
however, with a slight change in the numbers; with loss of few seats to some
parties and a gain for some others. But a near replica is certainly a perfect
recipe for a complete disaster; as the country has already touched rock
bottom and cannot sustain a similar experiment.
The people, hence, are desperately looking for a new brand of
leadership that can introduce a system of governance, which will lift the
country from a deep abyss of destitute and insolvency by bringing about a
real change that can give them direction and provide security.
The factors for a real change are becoming rife. The only missing
link is that who is going to lead the people to this change; since the journey
is going to be tough and the road is treacherous. Nevertheless, a march to a
real change has to begin sooner than later! (Editorial, TheNation 21st April)
Dead-end democracy: The present government has clearly lost the
confidence of the people. So many cases of misgovernance and corruption
have surfaced and been proven against it that any half-democratic
government would have resigned and called for fresh elections a long time
ago. The fact that Zardari's PPP has clung on to power shamelessly, and is
recklessly attempting to destroy any institution that could check its rampant
abuse, indicates how important it is for him and his party of serfs to cling to

336

power, and to employ it in every possible way to perpetuate their criminal


stint in office. The PPP wallah's conduct in office also shows that democratic
ideals and principles figure nowhere in their politics and they use the jargon
of democracy to buy legitimacy for their dark tyrannical anti-people regime.
So are we doomed to suffer under the tyranny of PPP's democracy forever
and ever just because it calls itself a democracy?
The problem with discussions on worst democracies vs. best
dictatorships is that they tend to be very superficial. Surely, any regime in
our country is a mix of both. Take our present dispensation, for instance. In
name it is a democracy but in many ways it could easily qualify as a
dictatorship, most glaringly in the way a parliamentary system is being
controlled by one man sitting in the presidency. On the other hand, military
dictators often have to create a democratic consensus within the top brass of
their institutions. By assigning black-and-white labels to the governments
formed as a result of either elections or military takeovers, we overlook the
complexity of the way power is exercised by governments. This simplistic
framework makes it impossible to work towards democratic governance,
reducing the discourse on democracy to rhetorical arguments that seldom go
beyond the form to talk about the content.
And this is what my other friend was trying to tell my senior friend.
According to him, when governments don't represent the will of the people
though they call themselves democratic, when they start trampling upon the
poor to make their next illegal millions and billions, even if they were
elected, the only democratic thing to do is for the people to assert their will
through collective action and replace them through a popular movement. He
feels that we will never be able to get rid of the charlatan clowns in charge
of our destiny through an election held under them, and the only hope for
democracy is to throw them out by a popular movement. I think he has a
point there. (Jalees Hazir, TheNation 22nd April)
Major overhaul of the system needed: If ever there was a need for
change, it is now and the time is right. Imran Khan must capitalize on the
present state of affairs to spell out his plans for a better Pakistan of
tomorrow. A mere induction of new or clean faces will not be enough. What
we need is a major overhaul of systems and practices in different areas and
at different levels of service but there is no doubt that honesty in leadership
will filter down to the bottom.
I am reminded of the tribute paid by Sarojini Naidu to Quaid-i-Azam
Muhammad Ali Jinnah much before partition wherein she described him as
337

a person of faultless perception and flawless refinement, a character


animated by a brave conception of duty and an austere and lovely code of
private honour and public integrity. Imran Khan should keep this
description before him at all times and follow in the footsteps of the great
Quaid. Like Barack Obama, Imran Khan promised to bring about a change
in Pakistan not only of the status quo but a deeper substantial change. It is
anybodys guess whether the PTI with the support of the younger generation
will come to victory or only make inroads into parliament. Even if it is the
latter, it would be an achievement because the PTI will undoubtedly
constitute a strong and vocal opposition which is a pre-requisite for any
credible democratic dispensation. In this way, the PTI can nominate shadow
ministers from among their parliamentarians to oversee and comment on
foreign policy, economic policy, interior policy and issues pertaining to
national security.
The time has come for leadership in Pakistan to first look inward and
govern Pakistan. Our policies should all be based on national interest while
acknowledging and realizing the geo-strategic importance of Pakistan in the
context of having China, India, Iran and Afghanistan as neighbours as well
as three significant ports at Karachi, Port Qasim and Gwadar but
notwithstanding our geo-strategic location, Pakistan should avoid getting
sucked into international power games which big powers engage in.
For us it is Pakistan first and last. This is the need of the hour and all
Pakistanis look up to not only the political leadership but every leadership at
every level to do what is right without any fear or favour and irrespective of
the consequences. Jinnahs Pakistan Zindabad. (Liaquat H Merchant from
Karachi, TheNation 23rd April)
Will Imran Khan win by a landslide? Let me make this vital point:
Imran, as a sportsman and politician, is a modern man who understands what
it takes to go forward as well as just how painstaking the journey to
legendary achievements is. His success story is not out of a fairy tale. His
personal sojourn and life narrative is one of ultimate determination,
relentless efforts, unflinching faith, absolute self-confidence, extreme hard
work and uncompromising self-integrity, credibility and dignity. And Imran
has endured pain and agony resulting in formidable accomplishments: after
all, who else has gifted his or her departed loved one with an everlasting gift
such as the Shaukat Khanum Memorial Cancer Hospital that emerged out of
a personal emotional loss and intense suffering. Indeed, I will argue that
such comprehensive all-inclusive behaviour is an indication of moral and

338

ethical development that is consistent and necessary in the making of a


national leadership.
In Pakistan, political humour, jokes on the streets and the symbolic
names given to different political parties and personalities are a reflection of
peoples political sentiments. Lately, the PML-N is being called the Nura
League. One important politician is named Surrender Sahib. In public
gatherings, people chant Maulvi Diesel for another politician, and for the
President and the Prime Minister the language used in public discourse is
simply insulting and unparliamentarily. Obviously, the public is
disenchanted with the present political system and the people and the parties
that are running it. But who is to be blamed for such public outrage? Think
about it!
Imran is known to deliver what he promises. His current personal
cause is to transform Pakistans political culture. But will Ghalibs heartbroken, sorrow-stricken Pakistani people elect PTI? Will Imran Khan win by
a landslide in the coming general election?
Khan claims his PTI will mobilize the people for a political change
never before witnessed in Pakistans history. Only time will tell but the
odds are in his favour! Imran Khan represents: Hum bi munh may zuban
rakthe hain; Kash pucho ke majara (mudda) kya hai. (Dr, Haider Mehdi,
TheNation 24th April)

Rule of law
Ephedrine scam: The PM must understand that he is not above the
law and ANF investigators have a right and an obligation to carry out
investigations, even if that involves summoning record of PM House
visitors. Organizations such as ANF are funded by the taxpayers, so that
narcotics manufacture and distribution is strictly regulated in accordance
with laws and international monitoring agencies. No individual, including
the elected constitutional officeholders have any right to play with lives of
our future generations. We have had enough of this damage inflicted on our
nation by the abuse of self assumed powers of our public officeholders, who
lack ethics or respect for rule of law. After all if the PM is innocent, as he
claims, why does he want to evade investigations and obstruct judicial
procedure.
The Ephedrine and Hajj Scam depicts the pits to which our political
elite, obsessed with their greed for ill-gotten wealth can sink to. These
stinking episodes are a slur on our democracy and the image of Pakistan. It

339

is an insult to our Founding Fathers, who dreamed of creating a modern


welfare state delivering justice to its citizens, instead of becoming a fiefdom
of corrupt political elite, or its equally selfish paid civil and uniformed
bureaucracy. Nobody including the President enjoys immunity from
investigation. It is the process of prosecution from any criminal charges,
from which the President enjoys immunity if any, and that is also subject to
interpretation of Supreme Court and not the perceived immunity understood
by office of President, the PM or Law ministry. Those who hold high public
offices, such as that of President, PM, Governor, CM or Ministers must be
subject to public or media scrutiny and investigations to ascertain that they
are not involved, or have ever been convicted of financial misappropriation,
or any other crime involving moral turpitude. Pakistan has suffered enough
because of misconceived powers assumed unto themselves by its rulers, both
elected and dictatorial, who destroyed moral and constitutional fiber of this
country and its economy either by their incompetence, or their indulgence in
rampant corruption and insatiable greed. (Malik Tariq Ali from Lahore,
TheNation 22nd April)
Culprits going scot-free: Now the PMs younger sons name has hit
the headlines. Conclusive proof in the matter is yet to emerge but as they say
where there is smoke there is likelihood of fire. We are told that the PM is
visibly perturbed over the involvement of his son in the drug case, which he
thinks is a conspiracy to malign the good name of his family. Our saintly
prime minister is already contesting a court battle, ably assisted by Aitzaz
Ahsan, for not writing to the Swiss authorities to reopen the presidents
money laundering cases. Now he faces the alleged scandal of import of a
banned drug by his son. I am however confident that Aitzaz Ahsan will bail
the prime minister and sons out of trouble, given his propensity for
prolonging the arguments like the legendary Alf Laila stories. By the time,
Aitzaz completes his arguments the present judges would have tired and
retired. (Major (r) Syed Zahid Salam from Rawalpindi, TheNation 22 nd
April)

Baloch militancy
What if they get Stingers?: Analysts believe that keeping in view
the 1,500 mile-long porous border with Afghanistan, the possibility of
Stingers coming once again to Pakistan cannot be ruled out, especially in a
situation when Balochistan is becoming a den of foreign forces sponsoring
terrorism and promoting so-called nationalist leaders working against the
framework of Pakistan. So far, these foreign forces have been providing

340

funds and weapons to the militants. The danger is that if these forces are not
checked and their presence not eliminated the likely future events may lead
to a formerly East Pakistan-like situation. It is feared that if the security
forces fail, Balochistan could quite easily become a focal point in Pakistans
destabilization.
Balochistan is in flames at the moment with military and political top
brass having no clue to resolve the issue and from where to begin. Today the
unfortunate province is placed at a point where kidnappings for ransom,
target killings and other crimes are all-time high There is a strong
realization that as long as Pakistan army remains deployed in Balochistan, it
would be difficult for the militants to achieve their objective of destabilizing
the region. This is perhaps why they (separatists) have been opposed to army
deployment in the province, said a defence analyst seeking anonymity.
The involvement of foreign powers in Balochistan insurgency is no
secret any more. There have also been reports of the United States, India,
Israel and Afghanistan collaborating to create unrest in the province. They
are reportedly offering patronage to the militants engaged in acts of
terrorism and sabotage. The news of a map purportedly drawn by Americans
has been making rounds in the world which showed Pakistan truncated to a
smaller territory with some of its parts indicated as independent states or
parts of neighbouring Afghanistan and India.
Balochistan has, no doubt, become an attractive place for foreign
powers due to its huge deposits of minerals like gold, copper, coal and gas
It is also an open secret that CIA and Pentagon have been funding and
arming anti-Iran terrorist outfit Jundullah which has concentration in Kharan
region, and has been accused of carrying out terrorist activities in Iran. The
American disliking for construction of Gwadar Port and its opposition to
establishment of a naval base there is also a known fact. (Mubashar Hassan,
TheNation 23rd April)

REVIEW
Right from the start Aitzaz had nothing sensible to say in defence of
his client in contempt of court case, yet he succeeded in buying time by
rattling out flimsy arguments with irksome repetition. He was well aware of
the weakness of his clients case; therefore he decided to muddle the facts as
much as he could.

341

The point on which he dwelled the most was Article 10A of the
Constitution which has been inserted through amendments carried out by the
Zardari regime. He began with asserting that this Article demands fair and
impartial dispensation of justice through due process. He finally ended up
arguing that the law regarding contempt of court has been rendered invalid
by Article 10A.
While defending Gilani, the Saint, he did not ignore pleading the case
of his party boss, the Scoundrel, who had thrown to him the marrow-filled
bone of Senate seat. He argued that President Zardari should not be thrown
before a magistrate of a foreign country. First he talked of constitutional
immunity enjoyed by the President and then suggested to the judges on the
bench that he should be defended with the same zeal with which Raymond
Davis was defended by the US.
Banking on daily news he found yet another incident to quote in
defence of his boss, which was not the issue being heard by the court. He
drew the attention of the bench towards detention of Shah Rukh Khan in the
US and the manner in which Indian government had reacted. He felt Zardari
being a President needs to be defended more vehemently, instead of handing
him over to another country.
This argument was entirely irrelevant, because he should have told
this incident to the Scoundrel and the Saint and demanded from them to
show spine against those who killed 26 Pakistani soldiers at Salala. He did
not do so, which proved how greed incapacitates the intellect and conscience
of a person.
Aitzaz also tried to challenge impartiality of the judges. He argued
that judges on the bench are the complainants, who cannot be judges of their
own cause. He then alleged that judges were hearing the case in revengeful
mood and advised that judgments should not be passed under fits of anger
and revenge.
The court tolerated him for too long till its restraint neared
exhaustion and he was told to wind up his arguments. Meanwhile, the
Scoundrel and the Saint had made their move by appointing Irfan Qadir as
the new Attorney General of Pakistan. The court asked him to close the
prosecution.
On the eve of doing that he had detailed discussion with the accused,
Prime Minister Gilani. Reportedly, the accused and the prosecutor
discussed all aspects of the possible outcome of the case. In fact, Irfan
Qadir sought the approval of all that he had to say in the court.
342

What he said in the court strongly supported the defence counsel and
he pleaded dismissal of the case as no charge could be framed against
Gilani. This left nothing for Aitzaz to say in closing address in defence of his
client and the court reserved its judgment and adjourned after summoning
Gilani to appear before it on 26th April, the day judgment will be passed.
The people of Pakistan at last saw end to the agony of uncertainty to
which they had been subjected for too long. As regards their expectations
regarding dispensation of justice they were not very sure, because no manmade system could ensure perfect dispensation of justice and for that reason
there will be the Day of Judgment.
26th April, 2012

AROUND GLOBE-II
Kofi Annan, the former Secretary General of United Nations, came up
to the expectations of his employers, the so-called international community.
He struck a peace deal with Syrian government and by virtue of that he
secured deployment of UN observers in Syria, which implied acceptance of
fighting between two adversaries. Funding and arming of the rebel groups,
however, continued clandestinely.
Despite the peace deal the bloodshed across Syria continued with
slight respote in its intensity, which too could prove temporary. The
bloodshed also remained rampant in neighbouring Iraq and so was the case
on Yemen where the US planned to increase intensity of drone attacks.

343

Muslims in African countries also kept bleeding. Warring factions in


Somalia, Sudan and Libya remained on each others throats and of late
Nigeria and Mali were added to the list of countries where arrangements
bloodletting has been arranged. In Egypt, the political rise of Muslim
Brotherhood was being watched very closely by the Crusaders.

NEWS
Far East
Unidentified gunmen shot dead three Muslims as they left a mosque
after evening prayers in Thailands south on 12th April. They were still inside
the walls of the mosque when they were shot at. We do not know the
motive yet, said local police officer. A state of emergency is in force in parts
of the region.
On 25th April, communist guerrillas killed 11 soldiers and a civilian
when they ambushed a three-vehicle army convoy near the mountain town
of Tinoc on the main island of Luzon. Two other soldiers and another
civilian were wounded. The NPA is the armed unit of the Communist Party
of the Philippines, and has been waging one of Asias longest running
communist insurgencies since 1969.

Mainland Asia
On 6th April, China placed six men from the Uighur ethnic minority on
a terror list, accusing them of involvement in terrorist training camps and
of inciting attacks in Xinjiang region. Chinese authorities have accused the
outlawed East Turkistan Islamic Movement of orchestrating attacks in the
city of Kashgar and wanting an independent homeland for Uighurs.
Many Uighurs remain angry at the harsh crackdown that followed the
violence. Xinjiang, which borders Pakistan and Afghanistan, is home to
around nine million Uighurs, but the number of Han living there has
increased dramatically over the past decade. Government critics say this
results from a policy of migration to dilute any Uighur nationalist tendencies
and has bred resentment in the region. Some experts doubt terror cells
operate in Xinjiang, where the Turkic-speaking Uighurs practise a moderate
form of Islam.

Middle East

344

Iraq: On 7th April, a roadside bomb killed three policemen in Diyala


province of central Iraq while a bomb inside a minibus in Baghdad left at
least two people dead. Three days later, Iraqi forces have arrested 11 alleged
al-Qaeda members, including a Pakistani who was born in Kuwait, in the
southern province of Basra. A video played during the news conference
showed alleged confessions of the detainees, in which they said they were
responsible for attacks, including one on January 14 against Shia pilgrims
that left 53 people dead.
On 19h April, a wave of coordinated bombing and shooting attacks in
six different provinces across Iraq killed at least 37 people and wounded
more than 150. The attacks, which came amid heightened political tension,
drew an accusation from the Sunni-backed Iraqiya bloc that security
measures were insufficient, and that Prime Minister Nuri al-Maliki, as head
of the armed forces, was responsible for the deficiency.
Twenty-two civilians, 10 police, three members of an anti-Qaeda
militia and two soldiers were killed in dozens of attacks, including 14
separate car bombings, 13 other bomb attacks and three suicide bombings.
Bombings in and around Baghdad killed at least 17 people and wounded 97.
A car bomb, targeting Health Minister Majid Hamed Amin's convoy in Haifa
Street in the heart of the capital, killed two civilians and wounded nine
people, including four of the minister's guards. Four more car bombs and a
roadside bomb in Baghdad killed nine people and wounded 53. In Taji, two
roadside bombs, two car bombs and a suicide bombing killed six people and
wounded 29, and a suicide bomber in Tarmiyah, also north of Baghdad, blew
up a vehicle by an army base, killing one soldier and wounding six.
In northern Iraq, bombings in Kirkuk province killed nine people and
wounded 24, police officers said. A car bomb against the convoy of police
Brigadier General Taha Salaheddin south of Kirkuk city killed two police
and wounded 15 other people. Another car bomb in the city centre killed two
police and wounded three, a high-ranking police officer said on condition of
anonymity. Six bombs against houses in the town of Malha, 40 kilometres
(25 miles) northwest of Kirkuk, killed five people including an army major
and wounded six, police Brigadier General Sarhad Qader said.
And in Ramadi in Anbar province, west of the capital, two car bombs
against police patrols killed one person and wounded nine, a police source
said. In Baquba, the capital of Diyala province, a suicide bomber blew
himself up in the home of police First Lieutenant Mohammed al-Tamimi,
killing him and wounding four family members, an Iraqi army lieutenant
345

colonel and Dr Ahmed Ibrahim of Baquba General Hospital said. A suicide


car bomb against a police check point in the city centre killed two policemen
and wounded two others. On 21st April, bombs exploded in two minibuses in
Baghdad, killing three people and wounding 12, while a bomb attack on a
governors convoy wounded two guards; the governor escaped unharmed.
Palestine: On 15h April, Israel barred 43 pro-Palestinian activists who
had flown in for a Welcome to Palestine campaign as hundreds more
would-be protesters were stranded at airports across Europe. Airlines faced a
wave of passenger fury after canceling some 300 tickets following heavy
Israeli pressure. Organizers of Welcome to Palestine had been expecting to
welcome up to 1,500 people as part of a campaign to expose Israels control
of movement both into and out of the occupied territories.
But only three activists managed to reach a news conference held by
organizers in the West Bank town of Bethlehem. Israel had vowed to prevent
the activists entry, warning airlines they would be forced to foot the bill for
the activists immediate return home in a move which saw many carriers
toeing the line. With airlines canceling at least 300 passengers tickets,
scores of activists staged angry demonstrations at airports in several
European capitals.
At Brussels airport, protests erupted after at least 100 French and
Belgian nationals were unable to board flights with Brussels Airlines,
Lufthansa and Swiss Air. In Geneva, several dozen activists held an angry
demonstration after around 45 people out of a group of 70 who had been
planning to join the campaign were barred from boarding an easy Jet flight.
Scores of activists also protested at Charles de Gaulle in Paris, where airport
sources said 90 passengers had been prevented from boarding Lufthansa and
Swiss Air flights for Tel Aviv. At Istanbul airport, another 50 activists were
stranded after Turkish Airlines reportedly refused to allow them on board.
Prime Minister Benjamin Netanyahu told activists to concentrate on
solving real problems in the region. We know there were many other
worthy choices. You could have chosen to protest the Syrian regimes daily
savagery against its own people, which has claimed thousands of lives. We
therefore suggest that you first solve the real problems of the region, and
then come back and share with us your experience, added Netanyahu.
On 17h April, at least 1,200 Palestinian inmates of Israeli jails began
an open-ended hunger strike as thousands of people rallied across the
occupied territories for Prisoners Day. Three-quarters of the 4,700
Palestinians held by Israel began refusing food. In a letter smuggled out of
346

prison, the hunger-strikers said they would continue to starve themselves


until their demands were met or they died in the process.
Syria: On 6th April, at least 27 Syrians were killed in violence. In the
latest violence, activists reported tank fire in at least three urban centers on
Friday the town of Douma near Damascus, the restive city of Homs and
Rastan, north of Homs. Demonstrations broke out after Friday prayers in the
eastern province of Hasakeh, in the town of Qamishli and Deir Al-Zor city.
Army shelling of villages in the northwestern province of Idlib has prompted
a swelling exodus of refugees. Turkey said there were now 23,835 Syrian
refugees on its territory.
Next day, more than 100 people were reported killed across Syria, 74
of them civilians, as regime forces pressed a protest crackdown three days
ahead of a deadline to cease fire and pull back. At least 40 civilians died in
bombardment and shooting on the town of Latamna, in Hama province. In
escalating clashes, 16 rebels and 17 members of the security forces were also
killed nationwide.
Thousands of people demonstrated in Damascus on Saturday in
support of the ruling Baath party on the 65th anniversary of its creation. The
official SANA news agency reported similar demonstrations in other cities
that expressed the Syrian people, army and leaderships steadfastness in the
face of the conspiracy hatched against Syria.
UN leader Ban Ki-moon said the increased attacks by government
forces on Syrian cities violate the UN Security Councils demand for an
end to hostilities. Damascus, however, demanded a written commitment that
the opposition will not seek to exploit the troop withdrawal to make
territorial gains.
On 8th April, monitors said 31 people were killed, a day after nearly
130 died across Syria, while 200 others were arrested in raids by government
forces pushing to crush dissent. Syria demanded guarantees that armed
groups cease fire before withdrawing its troops from protest hubs as agreed
with special envoy. Mr Annan has not submitted written guarantees from
the governments of Qatar, Saudi Arabia and Turkey on stopping their
funding to terrorist groups, the foreign ministry said.
Pope Benedict XVI called in an Easter Day message for an end to the
killings in Syria and a commitment to dialogue, as part of a wider appeal to
give hope to the entire Middle East. Particularly in Syria, may there be an
end to bloodshed and an immediate commitment to the path of respect,

347

dialogue and reconciliation, as called for by the international community,


he said in his traditional Urbi et Orbi message.
Meanwhile, the head of the rebel Free Syrian Army said his fighters
will respect a six-point UN plan to cease fire but refused to hand over any
guarantees to the Syrian regime. We will present our guarantees and our
commitments to the international community, but not to this (Syrian)
regime, the FSA chief added.
Kofi Annan said the escalation of violence in Syria is unacceptable
and called on the government to withdraw troops and cease all hostilities.
As we get closer to the Tuesday April 10 deadline, I remind the Syrian
government of the need for full implementation of its commitments and
stress that the present escalation of violence is unacceptable, Annan said.
Ban Ki-moon stressed that the 10 April timeline, is not an excuse for
continued killing, adding that this violates the consensus position of the
Security Council for a peaceful political settlement to the crisis to be ushered
in by the full implementation of Annans six-point proposal.
Next day, fresh clashes raged after President Bashar al-Assads
government laid down conditions for it to pull troops and armour out of
protest hubs. The 11th hour demand came as weekend violence claimed
almost 180 lives, most of them civilians. Making matters worse, fresh
fighting killed another 48 people, including 12 soldiers. Tension also
escalated with neighbouring Turkey after shots across the border wounded
two Syrians and a Turkish translator near a refugee camp. And a Lebanese
television cameraman was shot dead by troops manning the frontier with the
small neighbour which is also hosting thousands of Syrian refugees.
Chinese foreign ministry spokesman Liu Weimin, meanwhile, urged
the Syrian government to honour its truce commitments. Meanwhile, the
Saudi government condemned the Syrian regimes dangerous escalation in
attacks across the country. The cabinet expressed regret over the dangerous
escalation in violence by the Syrian regime across several Syrian cities and
villages, in a statement carried by official news agency SPA.
On 10th April, Syrian forces pounded protest hubs in apparent breach
of a ceasefire deal brokered by Kofi Annan. At least fifty-two people
including 28 civilians were killed across Syria. The violence drew sharp
condemnation from France and Britain, with even Russia urging its ally to
act more decisively to implement the truce. Washington said it hoped the UN
Security Council would consider action if Annan concludes that Damascus
broke its commitments. Turkish Prime Minister Recep Tayyip Erdogan
348

accused Syria of a clear violation of common frontiers, while Lebanon


demanded an investigation.
Syrian Foreign Minister Walid Muallem said Damascus begun
carrying out the Annan deal by pulling some troops out of certain provinces.
The head of the opposition Syrian National Council, Burhan Ghalioun,
warned that his group, as the legitimate representative of the people, will
not allow the regime to use the (UN) plan as a licence to kill. But Muallem
insisted Damascus had begun implementing the Annan plan.
Kofi Annan urged the Syrian government and opposition forces to
stop the violence, stressing that all hostilities must end by Thursday morning
(today). A UN team is in the country to start technical preparations for the
potential deployment of observers to monitor a cessation of armed violence
and the full implementation of Annans six-point peace plan.
Meanwhile, the UN High Commissioner for Refugees (UNHCR) on
said it is sending a team to provide technical assistance to nine camps in the
border between Turkey and Syria, which have so far been run by Turkish
authorities. He added that the agency has received reports concerning attacks
in refugee camps in Turkey, but stated that details are still unclear and it will
continue to monitor the situation closely. Currently, there are 24,564
registered Syrian refugees in Turkey; 10,112 in Lebanon; 7,021 in Jordan;
and 792 in Iraq.
Next day, assaults on protest hubs killed 11 civilians, according to
monitors. Meanwhile, Annan received a letter from the Syrian government
informing him of its decision to cease all military fighting throughout
Syrian territory as of 6:00am (Damascus time) on 12th April. The letter
added that the Syria reserved the right to respond proportionately to any
attacks carried out by armed terrorist groups against civilians, government
forces or public and private property.
The United States ambassador to the United Nations said that even if
Syria keeps to a promised ceasefire it will not be enough to comply with the
peace plan of Kofi Annan. Turkey has stepped up threats against Syria after
escalating tensions on their common border while pushing for buffer zones
to be established for refugees. Dont push us too far, Erdogan was quoted
as saying by the Turkish.
On 13th April, thousands of Syrians marched to test the regime's
commitment to UN-backed peace plan, and the fragile two-day old ceasefire
was again shaken when security forces killed five civilians. Sporadic clashes
broke out between troops and rebels on the northern border with Turkey.
349

An advanced mission of 20-30 observers could be in place early next


week with the full mission reaching at least 200. Ban Ki-moon said: The
world is watching however with sceptical eyes, adding that previous
promises made by the regime have not been kept. In a statement after talks
in Washington, foreign ministers from the Group of Eight urged immediate
action to send in observers.
Syria's government urged tens of thousands of people who fled the
violence both inside and outside the country to return home and offered an
amnesty to opposition gunmen without blood on their hands. In Turkey,
which is hosting around 25,000 Syrian refugees, Foreign Minister Ahmet
Davutoglu said international aid has begun to arrive.
Next day, the Security Council adopted a resolution authorizing
deployment of UN military observers to monitor a cease-fire between the
Syrian government and opposition fighters, as Pakistan reaffirmed its
support for the UN-Arab League plan for settling the crisis. The vote marked
the first time all Council members agreed on a resolution since the conflict
began. The resolution calls on both sides to immediately cease all armed
violence in all its forms.
The council said it intends to immediately establish a larger UN
supervision mission after consultations between Secretary-General and the
Syrian government. Deployment of a larger force will be subject to a
sustained cessation of armed violence in all its forms by all parties.
On 15h April, Syrian forces killed five civilians in shelling of rebel
areas and clashes with gunmen, testing a shaky UN-backed ceasefire as
international monitors prepared to fly in. The death toll is sharply down on
pre-ceasefire levels after Syria announced it was halting military operations
against the rebels.
Next day, troops killed at least 12 civilians and were fighting rebels at
Idlib in the northwest, while also shelling the flashpoint central city of
Homs, as the UN chief urged maximum restraint. An advance team of six
international observers arrived in Damascus. The former UN chief wants
more than 200 observers to be deployed in Syria, but the Security Council
has said there would be a full mission only if the violence halts.
Meanwhile, Syrian tribes opposed to Assad said Monday they would
join forces in an Assembly of Tribes, Syrian opposition members and
media reported. Today we proclaim, as children of all tribes, an Assembly
of Tribes, opposition Syrian National Council (SNC) member Mahmut alMaslat said in a statement read out on behalf of the assembly.
350

On 17th April, five civilians were killed in violence on sixth day of a


tenuous truce. Three of the five dead were killed in regime shelling of Idlib,
a northwestern province close to the Turkish border. The rebel districts of
Khaldiyeh and Bayyada in the flashpoint central city of Homs also came
under renewed shelling.
French Foreign Minister said stronger sanctions against Damascus
must be adopted to pressure the Syrian regime and erode its resources.
Damascus ally Moscow took aim, without naming them, at supporters of the
rebels, such as Qatar and Saudi Arabia, for what it acknowledged was a
fragile truce. Meanwhile, A group of 50 countries supporting sanctions
against Bashar al-Assads Syrian regime issued a statement denouncing
continued arms sales to Damascus.
On 19th April, Turkey mulled invoking the NATO alliances mutual
defence treaty over outrageous Syrian shelling along its border, US
Secretary of State Hillary Clinton said. Article Four states that members
will consult together whenever, in the opinion of any of them, the territorial
integrity, political independence or security of any of the parties is
threatened.
Ban Ki-moon, concerned about a faltering UN-backed cease-fire in
Syria, recommended that the Security Council approve an initial contingent
of 300 UN unarmed military observers to monitor the truce. An initial 30member observer team has arrived and reached agreement with Assads
government on how it will monitor and support a cessation of armed
violence in all its forms by all parties.
Four people were killed in violence across Syria even as authorities in
Damascus penned an agreement aimed at putting a stop to 13 months of
bloodshed. The casualties brought to 124 the number of civilians who have
died since UN-brokered ceasefire went into effect in Syria a week ago.
On 20h April, thousands of Syrians took part in protests against
President Assads regime, testing a shaky UN ceasefire, as state media said
18 security personnel were killed in attacks. The latest violence came as
peace envoy Kofi Annan acknowledged the situation was not good and as
rights monitors reported at least one opposition activist killed and intense
shelling of protest hubs.
A deadly blast took place in the southern region of Quneitra, near the
demarcation line with Israel on the Golan Heights, killing 10 members of the
security forces, state television said, blaming an armed terrorist group.
Official news agency SANA said the bomb was detonated by remote control
351

and targeted a bus transporting troops. A similar bomb attack in Karak, in


southern Daraa province, killed five soldiers and three soldiers and three
civilians were killed in separate incidents elsewhere.
On 22nd April, troops shot dead six civilians in Homs despite the
presence of UN observers. The deaths raised to 17 the number of people
killed Sunday across Syria, including two civilians and four soldiers who
died during an assault on a rebel bastion near Damascus by security forces.
Kofi Annan singled out the government in an appeal for an end to hostilities.
Two advance team members of UN mission set up base in Homs.
Mission member Neeraj Singh said the team drove or walked around the
city of Homs and stopped at different locations to talk to the people. UN
observers also toured Rastan city in Homs province. Later the observers
visited the city of Hama.
Next day, Syrian troops killed 28 civilians in the central city of Hama,
as UN military observers toured protest centres near the capital and both the
European Union and the United States imposed new sanctions. The
persistent bloodshed 11 days into a promised ceasefire sparked growing
criticism from opposition activists of the fledgling UN mission which still
numbers just eight observers out of a planned initial deployment of 30.
On 24th April, a car bomb rocked central Damascus, a day after nearly
60 were killed across Syria. Three people were wounded when an armed
terrorist group detonated the car bomb near the Yelbugha complex in
Marjeh. Two people also died in Damascus and its suburbs, one of them an
intelligence officer shot in the neighbourhood of Barzeh.
UN chief gave go-ahead for the deployment of 300 ceasefire monitors
from next week. Russia warned both sides to the conflict against disrupting
the work of the UN observers which it said was crucial to providing an
unbiased picture on the ground. Critics have said the UN mission was
simply allowing the regime to buy time as it presses its crackdown against
what began as a popular revolt but has turned into an insurgency.
Next day, Kofi Annan said the situation in Syria is bleak, as the
government was still conducting military operations despite the ceasefire;
but analysts said the Wests biased approach was to blame for that. Annan
called for the speedy deployment of all of the 300 UN observers to monitor
the observance of a two-week-old ceasefire.
UN member states have so far offered only 100 military officers for
the unarmed force given the risky mission of checking a cessation of
352

hostilities that has barely held in Syria since April 12. France warned that it
may push for a resolution allowing the use of force in Syria and said it
wanted UN monitors to deploy within a fortnight as the peace plan was
strongly compromised. Meanwhile, 27 civilians and three soldiers were
killed on in violence across Syria.
On 26th April, Syrias main opposition group called for an emergency
UN meeting after the reported killing of more than 100 people in the city of
Hama, as Russia blamed rebels of stoking the unrest. Monitors said regime
shelling of a working-class district of Hama killed at least 12 people and
flattened a block of houses, but activists there put the death toll as high as
68, including 16 children.
State news agency SANA said 16 people were killed when a bomb
that terrorists were preparing exploded prematurely inside a house in the
central city. Damascus blamed the continued unrest on armed terrorist
groups which it said had committed more than 1,300 violations since the
truce came into force.
Bahrain: On 13th April, four UN human rights experts urged Bahrain
to immediately release a human rights defender serving a life sentence
handed down by a military court on alleged terrorism-related charges.
Bahrains National Safety Court, a military court, sentenced Abdulhadi AlKhawaja to life imprisonment on June 22 last year, after he was put on trial
along with more than 20 other human rights defenders.
Allegations that the defendants made confessions under duress have
reportedly not been investigated and evidence obtained under torture was
reportedly not excluded from the trial in contravention of international law.
The experts added that in light of his health, they strongly called on the
Government of Bahrain to seriously reconsider the offer by Denmark to
transfer Al-Khawaja a citizen of both countries for medical treatment on
humanitarian grounds.
On 21st April, Bahrains opposition reported the first death in protests
timed for this weekends controversial Grand Prix. The body of Salah Abbas
Habib was found in Sakhura village, where security forces overnight had
attacked peaceful protesters, brutally beating some of them with various
tools and weapons, Bahrains largest Shiite opposition bloc Al-Wefaq said.
UAE: On 10th April, the United Arab Emirates detained six extremists
whose citizenship had been revoked for alleged links to groups that fund
terrorists. The lawyer said the men were currently being held in Shahama
prison, near the capital Abu Dhabi. The six had originally carried the
353

nationalities of other countries and were naturalized between 1976 and 1986.
Their condemnation came after the authorities shut down the offices of the
German Konrad Adenauer Foundation in Abu Dhabi and the US National
Democratic Institute in Dubai in late March. The government said the two
organizations were closed because they violated licence regulations.
Saudi Arabia: On 8th April, fifty men suspected of links to al-Qaeda
went on trial in Saudi Arabia on charges of killing an American and
attacking foreign housing compounds in the capital and in the Eastern
Province. Five of the suspects had appeared at a special court in the capital
Riyadh facing charges including the 2003 bombing of the al-Muhaya
compound, where expatriates lived, and planning attacks on the US and
British embassies in Saudi Arabia. Of the defendants, 47 are Saudi, two are
Syrian and one is Yemeni.
Yemen: On 7th April, capitals airport was shut down after forces loyal
to a sacked general close to former president Abdullah Saleh encircled it and
threatened to shoot down planes. Nine international and seven domestic
departing flights were canceled, while three incoming Yemenia Airways
flights were diverted.
The airport has been encircled by forces loyal to air force chief
General Mohammed Saleh al-Ahmar, Salehs half-brother, who has refused
to step down after being sacked by President Abdrabuh Mansur Hadi. The
men were led by Naji Jamaan, a Hamdan tribal chief. The UN Security
Council expressed concern over recent events in Yemen.
Salehs son Ahmed still heads the elite Republican Guard, while a
nephew, Yehya, commands central security services. Saleh retains the
leadership of the General Peoples Congress, and aides have not ruled out his
standing in a contested presidential election due to be held alongside new
parliamentary polls in 2014.
Next day, Sanaa airport reopened after a one-day shutdown over
threats from loyalists of a sacked general close to former president Ali
Abdullah Saleh. In other developments, the defence ministry and a tribal
chief said on that air strikes had killed 24 al-Qaeda suspects in their
strongholds in the south and east. A Yemeni air raid late on Saturday killed
16 extremists near Zinjibar, while a tribal chief said a US drone in the
eastern province of Shabwa left eight militants dead.
On 9th April, at least 44 people, including 14 soldiers were killed when
al-Qaeda militants raided barracks in Abyan provinces city of Loder.
Twenty-four militants and six tribesmen were killed in the fighting. The
354

attack came after air strikes killed 24 suspected al-Qaeda militants in their
strongholds of southern and eastern Yemen at the weekend.
Next day, at least 133 people were killed in 48 hours of clashes pitting
Yemeni soldiers backed by tribesmen against al-Qaeda militants as the
extremists vowed to retake a strategic town. At least 124 people were killed
in battles in the southern town of Loder in Abyan province. The toll
comprised 102 al-Qaeda militants among them 12 Somalis and many
Saudis 14 soldiers, and eight tribesmen fighting alongside the army. In a
fresh al-Qaeda assault, the militants killed nine soldiers in an attack on a
makeshift military post on a desert road in the.
On 11th April, 46 people were killed on third day of clashes between
Yemeni soldiers backed by tribesmen and al-Qaeda militants trying to take
over a strategic town in the south. At least 12 more al-Qaeda militants died
after American drone carried out four raids south of Loder. Sixteen al-Qaeda
militants, among them two local leaders, were also captured.
The latest deaths raised the toll to 168 people killed, most of them
Islamist insurgents, since they raided army barracks. Al-Qaeda had briefly
seized Loder in August 2010 before being driven out by the army. The US
considers the Yemen-based AQAP to be the most deadly and active branch
of the global terror network.
On 14th April, Loder remained quiet after the Qaeda fighters withdrew
to positions they had occupied before the fighting began, leaving behind
several snipers. Thirty-seven people were killed yesterday. At least 222
people including 183 militants have been killed in five days of clashes
around the town of Loder.
Next day, three children were among seven people killed in restive
east and south by al-Qaeda militants, after three jihadist suspects died in an
air strike; a suspected US drone attacks. The government, however, insisted
that only its aircraft carry out such operations on Yemeni soil.
On 19th April, it was reported that CIA is seeking authority to expand
its covert drone campaign in Yemen by launching strikes against terrorism
suspects even when it does not know the identities of those who could be
killed, US officials said. Securing permission to use these signature strikes
would allow the agency to hit targets based solely on intelligence indicating
patterns of suspicious behavior, such as imagery showing militants gathering
at known al-Qaeda compounds or unloading explosives.

355

Proponents of the plan said improvements in US intelligence


collection in Yemen have made it possible to expand the drone campaign
and use signature strikes while minimizing the risk of civilian casualties.
They also pointed to the CIAs experience in Pakistan. US officials said the
agency killed more senior al-Qaeda operatives there with signature strikes
than with those in which it had identified and located someone on its kill list.
On 21st April, Yemens air force raided Qaeda hideouts in the south,
killing eight militants, raising to 40 the number of jihadists reportedly killed
in two days. The army, backed by armed civilians, has been battling the
extremist groups Yemeni branch, known as the Partisans of Sharia (Islamic
law), over the control of Abyan province.
Next day, 17 suspected al-Qaeda militants were killed in air raid that
struck one of their hideouts in the southern town of Loder. The late Sunday
attack brought to 57 the number of insurgents reportedly killed in south
Yemen over the past three days; AFP could not independently verify the toll.
On 24th April, Yemens President Mansur Hadi held talks with FBI
Director Robert Mueller in Sanaa on the growing threat from al-Qaeda in the
countrys embattled south. They discussed efforts in the fight against
terrorism, and against al-Qaeda in particular. The two sides also discussed
ways to strengthen joint efforts to defeat the terrorist group...whose goal is
to undermine security and stability in Yemen.
The meeting came as Yemeni troops, backed by armed civilians,
advanced on Abyans capital Zinjibar, under al-Qaeda control since last May.
President Hadi has pledged to hunt down al-Qaeda. Fierce battles raged in
recent weeks in Abyan and nearby Shabwa and Bayda provinces as troops
and militants fought for control of the region.

Africa
Mali: On 7th April, coup leaders in Mali agreed to stand down and
allow a transition to civilian rule, as part of a deal struck with regional bloc
Ecowas. In return, the bloc will lift trade and economic sanctions and grant
amnesty to the ruling junta. The move came after Tuareg rebels in the north
declared independence of an area they call Azawad.
Next day, Malis President Amadou Toumani Toure, who was toppled
by a military coup last month, has formally resigned from his post. For
under the terms of a transition deal concluded with the West African bloc
ECOWAS late Friday, the juntas leaders said they in turn would step aside
to allow a return to democracy once Toure had formally quit. The deal also
356

provided for a lifting of sanctions imposed by ECOWAS, which has already


been acted on and an amnesty for those involved in the coup.
Under the framework deal, speaker of parliament Dioncounda Traore
is to become interim president with the task of organizing elections, if
possible within 40 days. But he also has to contend with the uprising in the
northern half of the country where Tuareg fighters and Islamist extremists
have taken control. The Tuareg fighters there issued a declaration of
independence Friday that was rejected not just by the international
community but their former allies, the Islamist militia.
On 17th April, gunmen rounded up top Malian officials including two
presidential hopefuls in a show of force by a junta that seized power last
month, as the interim leader named a Microsoft executive as prime minister.
Aides to interim president Dioncounda Traore, who took office following an
April 6 deal, said he had no prior knowledge of the raid.
A Malian security source said the arrests would be explained when
the time comes. A statement from European Union foreign policy chiefs
office demanded the immediate release of Sidibe and the others, calling for
urgent clarification regarding the circumstances of their arrest.
Nigeria: On 8th April, a car bombing near a church in northern Nigeria
killed at least 50 people, wounded 30. The explosion, a stark reminder of
Christmas Day attacks that left dozens of people dead in Africa's most
populous nation and largest oil producer, hit the city of Kaduna, a major
cultural and economic centre in the north.
There has been intense speculation over whether Boko Haram has
links to outside extremist groups such as al-Qaeda's North African branch.
Diplomats say such links so far appear limited to training for some Boko
Haram members in northern Mali with al-Qaeda elements, without
significant evidence of operational ties. Analysts say deep poverty and
frustration in Nigeria's north has fed the violence, pushing young people
toward extremism.
On 9th April, extremists shot dead a girl in a failed attempt to kill her
policeman father in Kano. In another attack in the northeastern town of
Dikwa, Boko Haram gunmen killed a policeman, a civilian and a local
politician in coordinated attacks. Shooting also broke out in the northeastern
town of Maiduguri, considered Boko Harams base of operations. Soldiers
shot dead two Islamists after gunmen opened fire on a check point.

357

An attempt to hold indirect talks between Boko Haram and the


government last month appears to have collapsed. There has been intense
speculation over whether Boko Haram has links to outside extremist groups
such as al-Qaedas North African branch. Diplomats say such links so far
appear limited to training for some Boko Haram members in northern Mali
with al-Qaeda elements, without significant evidence of operational ties.
On 26th April, a suicide attack at the Abuja bureau of a top Nigerian
newspaper and an attempted car bombing at another of its offices killed
eight people in the first such strikes on the countrys media. The second
attack hit the northern city of Kaduna. Later in the day, a third, smaller
bombing also occurred in the same city, leaving three people wounded.
Algeria: On 17th April, Italian hostage kidnapped by Qaeda in
February last year in southern Algeria was released.
Tunisia: On 9th April, riot police fired tear gas and baton-charged
protesters in central Tunis who defied a ban on demonstrations. Hundreds of
demonstrators took to the streets, the head of the Ennahda Islamist party
which dominates parliament called on Tunisians to be patient and give the
new government a chance to bring in reforms.
Whats happening today is terrible, said a woman who gave her name
only as Yamina and said she was a lawyer, tears welling in her eyes. We are
peaceful people and they bar us from using Habib Bourguiba Avenue, but
they gave it to the Salafists, she said, referring to a fundamentalist group.
Interior ministry spokesman Khaled Tarrouche defended the demonstration
ban, saying: We will not let chaos take over.
Tunisia: On 21st April, two people were killed and 15 injured in
clashes between Libyan soldiers and tribesmen in the remote southeastern
desert. The fighting underlined the internal disorder and surfeit of
uncontrolled weapons continuing to afflict Libya eight months after Gaddafi
was overthrown by rebels.
Egypt: On 6th April, Egypts former vice president appointed by Hosni
Mubarak has changed his mind and says he will run in the upcoming
presidential elections. Suleimans next step is to get the endorsement of
30,000 supporters before officially submitting his application to run. He is
distrusted by some as a symbol of the old regime but has found support
among some liberals and moderates who fear the Islamists rising power.
Next day, Salafist politician Hazem Abu Ismail will probably be
disqualified from his bid for Egypts presidency because his late mother was
358

a US citizen. Under the countrys electoral law, all candidates for the
presidency, their parents, and wives must have only Egyptian citizenship. A
commission statement said the foreign ministry had confirmed that his
mother, Nawal Abdel Aziz Nur, obtained US citizenship in Oct 2006.
Abu Ismail advocates a strict interpretation of Islam similar to the one
practiced in Saudi Arabia and has become a familiar sight in Cairo, with his
posters adorning many cars and micro buses. Thousands of people had
rallied in central Cairo in support of his candidacy. The protesters, including
women in full Islamic veil, carried portraits of Abu Ismail and waved their
fists, angrily condemning any attempt to disqualify their candidate.
On 10th April, an Egyptian court suspended the Islamist-dominated
commission tasked with drafting a new constitution amid a boycott by
liberals, moderate Muslims and the Coptic Church. The administrative court
in Cairo said it was suspending the constituent assembly without
explaining the reasons, but lawyers and liberal political parties had filed a
complaint accusing the Islamist-majority parliament, which formed the
panel, of having abused its powers. The decision comes amid a tense standoff between Islamist and secular forces just six weeks ahead of the countrys
first post-revolution presidential elections.
The 100-member panel, which is evenly divided between
parliamentarians and public figures, was elected by the parliament, which
also voted for a number of reserve candidates who could replace the
panelists. But most of its members are from the Muslim Brotherhood and
Salafist fundamentalists who hold the majority in both houses of parliament.
The secular parties had withdrawn from the commission, believing their
presence was only used as a smoke screen allowing the Islamists to draft a
basic law that reflects their political-religious ideologies.
In principle, the panel has up to six months to draft a new constitution
to replace the one suspended by the military when it took power last year.
The decision to suspend the panel comes amid uncertainties over who will
actually be permitted to run for Egypts presidency, after registration of
candidacies closed on April 8. The election is scheduled for May 23 and 24,
raising fears among many of having to elect a president whose powers have
not been defined.
On 13th April, Islamists were out on the streets of Cairo in a show of
force to demand members of ousted president Hosni Mubarak's regime be
barred from politics, in a standoff with Egypt's ruling military. Thousands
gathered in an upbeat mood in the Tahrir Square amid chants of No to
359

leftovers from the old regime! Liberal and secular groups also do not wish
to see the return of Mubarak-era figures, but they stayed away from protest.
They have instead called a demonstration on April 20 to denounce what they
see as Islamist monopolization of political life in the country since the
revolt.
Demonstration came a day after the Islamist-dominated parliament
approved a law that would ban any president, vice president, prime minister
or leader or (senior member) of the now-dissolved National Democratic
Party from exercising political rights for 10 years. The law, which still has
to be approved by the ruling Supreme Council of the Armed Forces (SCAF),
could see former officials such as Suleiman disqualified.
On 20th April, tens of thousands of people rallied in Cairos Tahrir
Square to protest against the ruling military and hold-overs from the regime
of former president Hosni Mubarak. The demonstration came ahead of the
first presidential election since the Hosnis ouster last year, to be held at the
end of May.
The military has promised to hand over power to a civilian president
after the election results are announced in June, but its critics accuse it of
angling to stay in power through a proxy leader. Ahmed Shafiq, a former air
force chief who served as Mubaraks prime minister, is still in the race, as is
Amr Mussa, a former Mubarak foreign minister and Arab League chief. The
Brotherhood is fielding Mohammed Mursi, leader of its political wing the
Freedom and Justice Party, after the electoral committee disqualified Shater
because of a military court conviction during the Mubarak era.
On 24th April, Egypts ruling military approved a law that bans top
Hosni Mubarak-era officials from running for the presidency, excluding his
last prime minister and further depleting a field reduced by the
disqualifications of other front-runners. That means Ahmed Shafiq,
appointed as prime minister by Mubarak in his last days in power, is out of
the race.
On 26th April, Egypts electoral committee announced the list of 13
candidates for next months first post-uprising presidential poll after a runup that saw three leading candidates disqualified. The candidates include
front runners Amr Mussa, a former foreign minister and Arab League chief,
and the powerful Muslim Brotherhoods Mohammed Morsi, who filled in
for the groups disqualified first pick.
Sudan: On 11th April, Sudan and South Sudan edged close to all-out
as border clashes raged and both sides called on citizens to take up defences.
360

The AU said it was deeply alarmed by the worsening violence between the
former civil war foes, but its efforts to mediate were set back when a furious
Sudan pulled out of AU-led talks. Amid heavy artillery bombardments and
air strikes in the battle zone, Sudan called the Souths seizure of the
contested oil-producing Heglig region the worst violation of its territory yet.
The US State Department urged all sides to end all hostilities as it
expressed concern over the events. The State Department said it would issue
a statement condemning an incursion by South Sudanese forces into Sudans
South Kordofan state while it renewed its condemnation of Sudanese air
strikes against civilian areas.
Southern army spokesman Philip Aguer said that the battles were
continuing, and that his troops had passed Heglig, without elaborating.
Khartoums Undersecretary of Foreign Affairs Rahma Mohammed Osman
claimed the Southern soldiers had pushed 70 kilometres (43 miles) into
Sudan. I think this is the most serious after South Sudans secession and it
affects our main oil production area, he told reporters.
Sudans parliament called for a mobilization and alert of the
population. Sudanese President Omar al-Bashir had already issued a decree
forming a high-level committee for. The committee was tasked with
preparing training camps for the paramilitary Peoples Defence Force; a proKhartoum militia which carried out some of the worst attacks during Sudans
1983-2005 civil war.
Khartoum has vowed to react with \all means against a threepronged attack it said South Sudanese forces had launched against Sudans
South Kordofan state, including the Heglig oil field. A statement on
Khartoums official SUNA news agency warned of destruction in South
Sudan. Hundreds of thousands of citizens of each nation living in the
territory of the other country are also facing uncertain futures after a
deadline requiring them to formalize their status expired at the weekend.
On 14th April, Sudanese air strike on Bentiu, capital of South Sudans
oil-rich border state of Unity, left five people dead and six others wounded.
The UNSC demanded a complete, immediate and unconditional end to all
fighting... aerial bombardments... cross-border violence. Sudan told UN
chief Ban Ki-moon that it had no choice but to fight back against
aggression from South Sudan. Foreign Minister made the remarks when
Ban telephoned him. Ban asked Sudan to show restraint, Sudan replied that
it could not wait to push out the aggressor from its land.

361

On 18h April, Sudan and South Sudan accused each other of launching
attacks on a new front near their contested border, stoking fears of a return to
all-out war in the oil-producing region. Sudanese President Omar al-Bashir
threatened to overthrow the government of South Sudan, saying its people
need liberation.
Meanwhile, South Sudan joined the World Bank and the International
Monetary Fund. South Sudan, which gained independence from Sudan last
July after two decades of war, became the 188th member of the Washingtonbased institutions, as it struggles with renewed clashes with Sudan. IMF
chief Christine Lagarde welcomed South Sudan to the fund.
On 20th April, South Sudan ordered an end to its 10-day occupation of
Sudans main oilfield at Heglig, a move which had sparked fears of a wider
war, but Sudan said its forces had chased them out. While religious leaders
in the north were calling during Friday prayers for a holy war to reclaim the
territory, South Sudans Information Minister Barnaba Marial Benjamin
gave the first word that the crisis, which had sparked fierce international
diplomacy to avert a wider war, was easing.
Ban Ki-moon had condemned the Souths taking of Heglig as an
illegal act. But Juba still maintained that Heglig which it calls Panthou in
the local Dinka language was its territory. Sudans UN envoy said that the
South Sudanese leaders act with the mentality of guerrillas, despite having
already won independence, but they must now negotiate to avoid new
conflict.
Despite its seizure of Heglig, South Sudan maintained it wanted peace
and was defending its borders, claiming the contested region was being used
by Khartoum as a base to attack the Souths oil-producing Unity state. Kiirs
statement said that Khartoum had to end its air bombardments and ground
incursions into South Sudan, and that the pullout was ordered to create an
environment for the resumption of dialogue with Sudan.
Meanwhile, fighters in Sudans Blue Nile civil war allies of the
former rebels who now rule South Sudan said they had killed 79 troops
and militiamen in two ambushes in the ethnically divided state. In Darfur,
peacekeepers expressed concern that rebels were exploiting the Sudan-South
Sudan border fighting.
On 22nd April, South Sudans army said it had completed its pullout
from an oil field seized from the rival Sudanese regime, ending a bitter
standoff which forced thousands of civilians to flee. The Souths troops had

362

seized Heglig on April 10, claiming Khartoum was using it as a base to


attack the Souths oil-producing Unity State.
The African Union (AU), which has for years sought to broker a
sustainable peace between the bitter rivals, again called for a complete
cessation of all hostilities. Both sides should consider their responsibility
towards their region, the rest of Africa and the larger international
community, the AU statement said.
On 24th April, South Sudans leader accused Sudan of declaring war as
Khartoums warplanes bombed border regions in defiance of international
calls for restraint. Several people were wounded in multiple air strikes on the
villages in the Souths oil-rich border regions. The United States, the driving
force behind South Sudans struggle for statehood, condemned the norths
incursion and urged the former civil war foes to recommit to talks. Despite
the Souths withdrawal from the key Heglig field at the weekend, both
armies are reportedly reinforcing troop numbers and digging into trenches
along their contested border.
Somalia: On 6th April, a Chinese shipping vessel was hijacked by
Somali pirates in the Gulf of Oman. Later, all 28 crew on a Chinese cargo
ship were rescued. The report did not give details of the rescue operation,
but Xinhua said earlier that the Iranian navy had located the ship, named the
Xianghuamen, and that an Iranian warship was in the area. The navy and
Tehrans foreign ministry had pledged to save the stricken vessel.
On 9th April, a bomb blast in a market in the town of Baidoa killed at
least 11 people and about 35 wounded many. Witnesses said the bomb was
detonated after Somali government troops entered the market, but that the
majority of those killed were civilians. African Union troops were deployed
in the town last week.
The absence of an effective government in Somalia since it plunged
into a civil war two decades ago has allowed armed groups, pirate gangs and
extremist militia to carve up the country into mini fiefdoms. Although the
Shebab have lost ground recently, analysts warn that they still remain a
serious threat to efforts to restore stability in Somalia. On 11th April, the
Danish navy said it stopped a pirate ship off the Somali coast, rescuing 12
hostages and arresting their 16 captors; nine of the hostages were Pakistani
and three were Iranian. No one was injured during the operation.

Europe

363

On 16th April, Britains Labour Party suspended peer Nazir Ahmed


over reports that he offered a 10 million bounty for the capture of US
President Barack Obama. The Lord also offered a similar incentive for the
capture of former US president George Bush in response to a US reward for
the capture of Hafiz Muhammad Saeed, according to a Pakistani newspaper.
Ahmed apparently made the offer during a speech in Haripur,
Pakistan, on April 13. The peer, who was appointed to the House of Lords in
1998, called the US reward an insult to all Muslims. Ahmed denied the
comments but spoke out against Bush and former British Prime Minister
Tony Blair over the wars in Iraq and Afghanistan. I did not offer a bounty. I
said that there have been war crimes committed in Iraq and Afghanistan and
those people who have got strong allegations against them George W Bush
and Tony Blair have been involved in illegal wars and should be brought to
justice,
Next day, British authorities arrested Islamist cleric Abu Qatada, who
is accused of ties to late al-Qaeda chief Osama bin Laden, as they resumed
efforts to deport him to Jordan. Abu Qatadas legal team was expected to
lodge an application for bail at an immigration tribunal in central London,
judicial officials said. Al-Qaeda threatened earlier this month to attack
Britain if it decides to extradite Abu Qatada, saying the move would pen the
gates of evil on Britain and its citizens everywhere.
The gunman behind the Norway massacres said he was inspired by alQaeda and would repeat the carnage if he could as he took the stand on the
second day of the trial. Insisting that universal human rights gave him the
mandate to carry out his acts, he described himself as a militant nationalist
and, using the pronoun we to suggest he was part of a larger group, added:
We have drawn from al-Qaeda and militant Islamists.
On 23rd April, Amnesty International said that European countries
were discriminating against Muslims for demonstrating their faith,
especially in the fields of education and employment, rights group. In a
report focusing on Belgium, France, the Netherlands, Spain, and
Switzerland, AI urged European governments to do more to challenge
negative stereotypes and prejudices against Islam.
Next day, British police arrested five men on suspicion of terror
offences in the town of Luton, northwest of London, in pre-planned raids.
They were arrested on suspicion of the commission, preparation or
instigation of acts of terrorism from houses in the Bury Park area, which has
been home to a large Muslim Pakistani community.
364

America
On 10th April, the alleged mastermind of the September 11, 2001
attacks and his four accused co-plotters will be formally charged by a
military tribunal on May 5 at Guantanamo Bay. Lawyers for the five could
still ask for the hearing to be delayed. After taking office in 2009, Obama
initially sought to try Mohammed and his four accused accomplices in a
civilian court in New York, just steps from the Ground Zero site where the
World Trade Centers twin towers fell in 2001.But the proposal sparked
criticism and the presidents Republican foes in Congress put an end to those
plans by blocking the transfer of terror suspects to the United States.
On 13th April, a Pakistani man living in Virginia was sentenced to 12
years in prison by a US judge for providing support to a militant group,
including making a propaganda video and posting it on YouTube in 2010.
Jubair Ahmad, 24, has admitted making a video showing scenes linked to
attacks in Kashmir and Mumbai attack.
On 16th April, the high-profile trial began of a man accused of being
part of a New York trio that was only days away from perpetrating a
bombing massacre in the citys crowded subway. Federal prosecutor James
Loonam opened the trial in Brooklyn by pointing across the courtroom at
defendant Adis Medunjanin, 27, and calling him an al-Qaeda terrorist. He
is accused of traveling to Pakistan in a failed attempt to join the Taliban to
fight against US forces, entering the bomb plot on his return home, and
finally trying to use his car to cause bloodshed in a desperate last act before
his arrest. He has pleaded not guilty and his lawyer, Robert Gottlieb, said
Medunjanin was no terrorist

VIEWS
Iraq
Children of Fallujah & congenital birth anomalies: For little
Sayef, there will be no Arab Spring. He lies, just 14 months old, on a small
red blanket cushioned by a cheap mattress on the floor, occasionally crying,
his head twice the size it should be, blind and paralyzed. Sayeffedin
Abdulaziz Mohamed his full name has a kind face in his outsized head
and they say he smiles when other children visit and when Iraqi families and
neighbours come into the room.

365

But he will never know the history of the world around him; never
enjoy the freedoms of a new Middle East. He can move only his hands and
take only bottled milk because he cannot swallow. He is already almost too
heavy for his father to carry. He lives in a prison whose doors will remain
forever closed.
Its as difficult to write this kind of report as it is to understand the
courage of his family. Many of the Fallujah families whose children have
been born with what doctors call congenital birth anomalies prefer to keep
their doors closed to strangers, regarding their children as a mark of personal
shame rather than possible proof that something terrible took place here after
the two great American battles against insurgents in the city in 2004, and
another conflict in 2007.
After at first denying the use of phosphorous shells during the second
battle of Fallujah, US forces later admitted that they had fired the munitions
against buildings in the city. Independent reports have spoken of a birthdefect rate in Fallujah far higher than other areas of Iraq, let alone other Arab
countries. No one, of course, can produce cast-iron evidence that American
munitions have caused the tragedy of Fallujahs children.
Sayef lives the word is used advisedly, perhaps in the al-Shahada
district of Fallujah, in one of the more dangerous streets in the city. The cops
like the citizens of Fallujah, they are all Sunni Muslims stand with their
automatic weapons at the door of Sayefs home when we visit, but two of
these armed, blue-unformed men come inside with us and are visibly moved
by the helpless baby on the floor, shaking their heads in disbelief and with a
hopelessness which his father, Mohamed, refuses to betray.
I think all this is because of the use by the Americans of phosphorous
in the two big battles, he says. I have heard of so many cases of congenital
birth defects in children. There has to be a reason. When my child first went
to the hospital, I saw families there with exactly the same problems.
Studies since the 2004 Fallujah battles have recorded profound
increases in infant mortality and cancer in Fallujah; the latest report, whose
authors include a doctor at Fallujah General Hospital, says that congenital
malformations account for 15 per cent of all births in Fallujah.
My son cannot support himself, Mohamed says, fondling his sons
enlarged head. He can move only his hands. We have to bottle-feed him. He
cant swallow. Sometimes he cant take even the milk, so we have to take
him to hospital to be given fluids. He was blind when he was born. In

366

addition, my poor little mans kidney has shut down. He got paralyzed. His
legs dont move. His blindness is due to hydrocephalus.
Mohamed holds Sayefs useless legs and moves them gently up and
down. After he was born, I got Sayef to Baghdad and I had the most
important neurosurgeons check him. They said they could do nothing. He
had a hole in his back that was closed and then a hole in his head. The first
operation did not succeed. He had meningitis.
Both Mohamed and his wife are in their mid-thirties. Unlike many
tribal families in the area, neither are related and their two daughters, born
before the battles of Fallujah, are in perfect health. Sayef was born on 27
January, 2011. My two daughters like their brother very much, Mohamed
adds, and even the doctors like him. They all take part in the care of the
child. Dr Abdul-Wahab Saleh has done some amazing work on him Sayef
would not be alive without him.
Mohamed works for an irrigation mechanics company but admits that,
with a salary of only $100 a month, he receives financial help from relatives.
He was outside Fallujah during the conflict but returned two months after
the second battle only to find his house mined; he received funding to
rebuild his home in 2006. He watches Sayef for a long time during our
conversation and then lifts him in his arms. Every time I watch my son, Im
dying inside, he says, tears running down his face. I think about his
destiny. He is getting heavier all the time. Its more difficult to carry him.
So I ask whom he blames for Sayefs little Calvary. I expect a tirade of
abuse against the Americans, the Iraqi government, the Health Ministry. The
people of Fallujah have long been portrayed as pro-terrorist and antiWestern in the worlds press, ever since the murder and cremation of the
four American mercenaries in the city in 2004 the event which started the
battles for Fallujah in which up to 2,000 Iraqis, civilians and insurgents,
died, along with almost 100 US troops.
But Mohamed is silent for a few moments. He is not the only father to
show his deformed child to us. I am only asking for help from God, he
says. I dont expect help from any other human being. Which proves, I
guess, that Fallujah far from being a city of terror includes some very
brave men.
Fallujah: A history. The first battle of Fallujah, in April 2004, was a
month-long siege, during which US forces failed to take the city, said to be
an insurgent stronghold. The second battle, in November, flattened the city.
Controversy raged over claims US troops had deployed white phosphorus
367

shells. A 2010 study said increases in infant mortality, cancer and leukaemia
in Fallujah exceeded those reported by survivors of the atomic bombs
dropped on Hiroshima and Nagasaki. (Robert Fisk for Independent,
reprinted in TheNation 26th April)

Syria
The failure of the global order: Kofi Annan, the United NationsArab League special envoy to Syria, said on Sunday that he was shocked by
recent reports of a surge in violence and atrocities in several towns and
villages in Syria.
Mr Annans shock has been felt by many for a long time. Indeed, Mr
Al Assads intentions were clear even before the ink dried on the latest bid to
stem the violence: hold on to power at all costs. On Sunday Damascus
hinted at this tactic when the regime demanded written guarantees that
rebel forces would lay down their weapons, and promises that foreign states
would not fund anti-regime fighters. He is unlikely to get either and Mr Al
Assad knows it. With nearly 10,000 killed whats truly shocking is that the
international community continues giving the Syrian president the benefit of
the doubt.
It remains to be seen where Syrias crisis goes from here. But one fact
is clear: a lack of international consensus and the continued support of
Russia, China and Iran have given Mr Al Assad the strength to fight on. The
question now is how will the world community respond.
Few palatable solutions present themselves For a start, Syrias
opposition parties outside the country must stop bickering and display
genuine unity. That, together with increased economic sanctions and support
to beleaguered rebel groups, might succeed in keeping Mr Al Assad at bay
while more army generals and fence-sitters defect to the opposition.
Moreover, international actors must do a better job in crafting a unified, and
diplomatically tough, response. At present there are too many strategies in
play. Saudi Arabia and Qatar are headed in one direction (paying opposition
salaries) while US and European partners are agonizing over levels of
support.
President Al Assad is responsible for the bloodbath in Syria. But it is
the failure of the global order to translate universal shock into action that
allows the killing to continue. (The National editorial, republished in
TheNation 11th April)

368

UN is making Syrias civil war worse: Amid the catastrophic


decline of their economic fortunes, many Syrians are rather proud to be
centre of this international attention; at least, they say, their country is not
being ignored or forgotten about. But theyre also deeply patriotic and
understandably proud of their countrys fragile ethnic and religious mosaic.
As several Syrian teenagers pointed out to me, the same Qatari government
that has been moving to protect the human rights of Syrians has been
denying them visas to visit Qatar. The SNCs apparent decision to accept
money from the Gulf States to pay salaries to Free Syrian Army guerrillas
sounded breathtakingly arrogant, and makes for shockingly bad politics. Not
only does lend credence to the conspiracy theories peddled by the
government that the uprising is the handiwork of foreign agitators; it risks
splitting the indigenous opposition movement and empowering exactly the
kind of Sunni groups who are most likely to stoke sectarian tensions.
None of this is to argue that Syrians should not take matters into their
own hands. After more than a year of grueling state violence, there are very
few absolute pacifists among the Syrian Opp. Just about everyone I met in
Syria was caught between the terrible foreboding that things will - must - get
substantially worse before they get better, and not wishing any violence
upon their fellow countrymen. But if the Saudis and the Qataris are allowed
to funnel unlimited cash and weapons through the countrys traditional
smuggling routes, the likely result will be to empower a crooked new class
of arms-dealing middle men and the kind of fringe Salafist groups that are
quite happy to turn themselves and everyone else into martyrs for the cause.
Whatever the Syrian government now says, the influence of these
extremist factions is currently marginal, even inside the Free Syrian Army.
Most of the military defectors are simply conservative Sunnis from farming
communities. But Syria is currently exhibiting a brand new irony of our
post-war-on-terror era. The secular Syrian liberals and leftist groups that
have most in common in Western values dont want NATO intervention,
while its exactly the kind of people who dont much like us - the aging
remains of the Muslim Brotherhood, as well as the newer, more salafists
who are begging for our help.
Who knows: If the unthinking drift toward creating neo-mujahideen in
Syria and Iran continues, following a decade in which Sunnis became
Americas enemy No 1, OBL might have to be posthumously converted back
into the freedom fighter America saw him as in the 1980s, marching into
battle to drive out one of the last vestiges of godlessness in the Middle East.
(James Harkin for Foreign Policy, reprinted in TheNation on 19th April)
369

After NATOs genocide in Libya: Syria is next: While Qatari


government propaganda outlet Al Jazeera is busy whitewashing the NATOled terrorist take-over of Libya with documentaries like Gaddafi: The
Endgame State of Denial, depicting the evisceration of one of Africas
most developed nation-states as a pro-democracy revolution yielding a
promising tomorrow Libya in reality has been plunged into perpetual
violence, destabilization, and division. And as militants battle each other
while carving the once unified Libya into a myriad of fiefdoms, genocidal
death squads continue a campaign of extermination nationwide.
One group of Libyans hit hardest are the people of Tawargha who
were either exterminated or exiled from their city of 10,000-30,000 during
the NATO-led destruction of Libya last year. Since then, their refugee camps
have been raided, and survivors who have not yet fled Libya are being
systematically imprisoned, tortured, and murdered.
Now, the very network of corporate-funded and directed NGOs
charged with human rights advocacy, who assisted the Libyan rebels in
willfully lying to the world over violations of human rights in the lead up
to NATOs military intervention, are finally reporting the widespread
atrocities being carried out by the rebels themselves. In fact, organizations
like Human Rights Watch (HRW) and Amnesty International, both funded
by convicted criminal and Wall Street speculator, George Soros, began
reporting such atrocities back in 2011, but only long after NATO bombs
were already falling on Libya and the process of regime change was
already irreversible. And, at critical junctures, such as the sieges of Bani
Walid and Sirte, where NATO itself was committing systematic war crimes
by air in tandem with terrorist forces on the ground organizations like
HRW and Amnesty International were altogether mute.
Now though, with Syria next on the chopping block, many around the
world are looking at the progress made in Libya to see if the UN and
NATOs proposal for military intervention is justified, warranted, or feasible.
What they see is a patchwork of terrorist regimes butchering people
systematically, infighting, making duplicitous, self-serving deals with
foreign firms and otherwise running the nation into the ground.
Amnesty International, a full-year too late, has published a report
titled, Libya: NTC must investigate death of another Tawargha man under
torture, in regards to the latest case in the NTCs systematic genocide of the
people of Tawargha a city now rendered a ghost town. HRW had
published a report last week titled, Libya: Wake-Up Call to Misratas
370

Leaders, also regarding the systematic genocide of the people of Tawargha.


Ironically, both Human Rights Watch and Amnesty International are giving
all inquiring minds a look behind the curtain as to how exactly they are
distorting other conflicts including Syria today.
From the beginning, Libyan rebels were known war criminals: Long
before the first NATO bombs dropped on Libya, genuine geopolitical
analysts including Dr Webster Tarpley of Tarpley.net, noted that the Libyan
rebels were in fact notoriously brutal racists and led by militias belonging
to a listed international terrorist organization responsible for violence not
only in Libya, but in Afghanistan and Iraq. On March 1, 2011 Dr Tarpley
spoke on the Alex Jones show warning that Libyan rebels were lynching
black Libyans, hailed from al-Qaeda, and that the overall agenda of
destabilizing and possibly intervening militarily across the Arab World was
to implement chaos, civil war, and the division of countries, along with the
installation of weak puppet-regimes.
Just days after NATO began its military operations against Libya in
mid-March of 2011, Dr Tarpley confirmed that the Libyan rebels were led by
the Libyan Islamic Fighting Group (LIFG), claimed by West Points
Combating Terrorism Center (CTC) to have been involved in fighting
Western troops in both Afghanistan and Iraq before returning to Libya to
then be armed, trained, and led by Western forces in the overthrowing of
Muammar Gaddafi.
During the initial phases of NATOs intervention, HRW and Amnesty
International were complicit In retrospect, we are meant to believe these
organizations simply made a mistake and could not have possibly known the
rebels would turn out to be worse human rights violators than those they
sought to replace.
HRW & Amnesty repeating mistakes in Syria, no mistake: That
HRW and Amnesty International appear to be making the exact same
mistakes in Syria, even as they finally admit the crimes of the prodemocracy rebels in Libya a year later and tens of thousands of lives too
late, is certainly no mistake. This is exactly the purpose both organizations
are meant to serve along with a myriad of other faux-NGOs to lend
legitimacy to both the Syrian terrorists and the governments of the West
arming and directing them as they carry out what is essentially a campaign
of foreign military conquest.
The first admissions of Syrian rebels committing atrocities have
likewise come a full-year after unrest was triggered in 2011. Human Rights
371

Watch admitted in their report, Syria: Armed Opposition Groups


Committing Abuses, that Syrian rebels are kidnapping, torturing, and
executing people, many of whom have been confirmed to be civilians.
Again, geopolitical analysts have stated since the unrest began in 2011 that
Syrias opposition likewise represented not genuine pro-democratic forces,
but rather proxies for foreign interests, many linked to extremist groups
including al-Qaeda, and with Libyas LIFG commander Abdul Hakim Belhaj
literally pledging cash, weapons, and men to the Syrian rebels and NATOs
cause.
Indeed, Syria is destined not for a stable democratic-tomorrow, but
rather the same division, destruction, chaos, and genocide now rampant
across Libya, where self-serving traitors simultaneously sell their nation out
from under its people while eliminating their competition through violence
and terrorism. As NATO and the UN attempt to court Syrias ruling business
and government cliques, it would be wise for Syrians to look at Libya as an
example of just how much worse it can get and the necessity to remain
unified against what has been planned from the very beginning to be the end
of Syria.
That the Wests war machine extends not only around the world in the
form of vast military assets, but with an immense media infrastructure to
propagate their agenda, and a gargantuan network of NGOs funded and
directed to subvert every form of national institution should be a big enough
clue for stake-holders within besieged nation-states that the West has neither
the need nor the desire to share once they prevail.
Stand united, or fall divided: basic game theory: Strategists in the
West approach each targeted nation, including Libya and now Syria,
employing a form of game theory assuming that those they interact with,
friend and foe alike, play using the dominant strategy meaning, each
player picks the best strategy resulting in the maximum benefit for
themselves only, regardless of how other players play.
This means that the West approaches two opposition factions in any
given nation, makes their intentions of moving in known, and offers each the
chance to defect. Defectors are given calculated benefits and losses, while
their opposition will be eliminated entirely.
While in reality, both factions stand the most to gain if they thwart the
vastly superior West from plundering their nation, neither considers this an
option because of a combination of intellectual flaws, thus both will lose
more, even under the most favourable outcomes.
372

The West specifically targets and favours those factions with the most
flaws in character, intellect, motivation etc, as in any conflict, those ruled by
emotions and irrational methodology are infinitely easier to manipulate.
In Libya, had the rebels of Cyrenaica worked with Gaddafi to expel
foreign encroachment and worked to divide an intact and unified Libyas
wealth amongst themselves, they would have both vastly benefited more
than even the sole victors are now. Instead, the West was able to prey on the
arrogance, ideology, animosity, ignorance, and prejudices of both factions,
wearing both down, dividing the remaining victor, and will, in time,
eventually even eliminate them altogether.
The same can be seen playing out in the perpetually divided Iraq and
the same will certainly happen in Syria.
The age old axiom of standing united, or falling divided, is just as
relevant today as ever. Understanding the true fault-lines running through
humanity, between the global corporate-financier oligarchy and everyone
else, and disallowing artificial fault-lines to be imposed upon us allows us to
stand united against our true enemies and prevail. The moment we begin
fighting amongst ourselves, regardless of who prevails, we all ultimately
lose. (Tony Cartalucci, TheNation 23rd April)

Egypt
A state of confusion: Fourteen months after the resignation of
President Hosni Mubarak, a new Egypt is still a work in progress or
possibly regress.
The opposition that swelled Cairos Tahrir Square has fractured into
Islamist and secular factions. The Islamist-dominated parliament continues
to compete for influence with the Supreme Council of the Armed Forces.
And last week a presidential election scheduled for May was thrown into
confusion. First an administrative court suspended the work of a 100member assembly charged with writing a new constitution, raising the
possibility that a president will be elected before the nature of the new
Egyptian state is defined. Then on Saturday an election commission
disqualified 10 presidential candidates, including the three front-runners:
Omar Suleiman, Mubaraks intelligence chief; Khairat Shater, the candidate
of the Muslim Brotherhood; and Hazem Salah abu Ismail, an
ultraconservative Islamist. They were given two days to appeal the
decisions.

373

Out of this confusion a stable, democratic and pluralist Egypt might


still emerge, but much will depend on the behavior of the military council
and the Brotherhood. The military must resist the temptation to abort or
delay the election because of recent legal complications, but the Brotherhood
and other Islamists shouldnt give the council an excuse for such
interference.
The Brotherhood and its Freedom and Justice Party signaled over the
last year that they did not intend to establish a rigid theocracy or seek control
of all branches of government. But the Brotherhood backed away from its
promise not to field a presidential candidate, and the parliament under its
sway named a constitutional assembly so dominated by Islamists that several
secular and Christian appointees boycotted it. (So did a representative from
Al-Azhar, a famous seat of Islamic learning.)
The rule of law is important, but in this transitional period the military
council which continues to exercise ultimate authority should commit
itself to the most open and transparent presidential election possible, one in
which voters can choose from a broad range of candidates. As for the
constitutional assembly, the Egyptian administrative court suspended its
work after critics claimed that it was illegal for parliament to appoint its own
members to the body. The Brotherhood should take the courts decision as an
opportunity to appoint a new assembly in which minority groups and
secularists will have meaningful representation. As in Northern Ireland,
numerical majority rule in Egypt is not sufficient to protect minorities or
assure individual freedoms. The new Egypt should respect both democracy
and diversity. (LA editorial, reprinted in TheNation 17th April)
Dont ban old guard from standing in Arab elections: While these
revolutions were popular, mass movements that certainly have majority
public support, it would be naive to think that the deposed dictators (and
those clinging to power elsewhere in the region) do not have support bases.
It is impossible to gauge the extent of such support without inclusive, free
and fair elections.
If it is negligible, why bother with such bans? Surely it would be
better to have those candidates fail electorally than make political martyrs
out of them. This would be a sign of confidence within these revolutionary
movements that those behind them are better than those they replaced. An
appropriate example is Egypts recent parliamentary elections. In November
2011, an administrative court in the city of Mansoura ruled that former

374

members of Mubaraks now-dissolved National Democratic party were not


allowed to stand in the election as independent candidates.
Three days later, the higher administrative court in Cairo overruled the
decision and allowed them to stand. As it turned out, the six political parties
identified as having a strong base of former NDP members took just 18 out
of 498 contestable seats less than 4%.
Furthermore, Suleiman has been disqualified from the presidential
race because he failed to garner enough signatures from supporters in one
province. This is a far more desirable outcome than a ban because it is based
on a rule that all candidates must abide by.
If support for the former regimes is considerable, it would be unwise
indeed dangerous to alienate those sections of society at a time when the
buzzwords are national unity and social cohesion and rightly so. Such
sentiments are a realization among the revolutionary movements that the
dictators they deposed are not without any support, and that disenfranchising
even a small section of society can be hugely damaging. We have seen the
catastrophic effects of wholesale exclusion following the invasion of Iraq;
political and societal fractures in post-dictatorship Tunisia, Egypt and Libya;
and the very real risk some argue inevitability of civil war in Syria,
Bahrain and elsewhere.
The last thing these countries need is further division and alienation which is likely to make existing Arab autocracies more stubborn and
aggressive in their maintenance of power and sections of public opinion
hesitant about the consequences of revolutions which result in victors
justice.
While anger against those who served and supported the former
regimes is understandable, banning people and parties from political and
electoral participation is a slippery slope that these societies must avoid if
they are to truly make progress and convincingly close the chapter on the
dark days of dictatorship against which they suffered and sacrificed so
much. (Sharif Nashashibi for Guardian, reprinted in TheNation on 19th
April)

Democracy
Not perfect, but the best available: The definition of democracy is
the government of the people, by the people, but that should be redefined
when so many citizens in democratic countries feel disempowered.
Democracys failings are tragically playing out in its birthplace Greece
375

where the government has to abide by diktats from Brussels else hurl the
country into bankruptcy. The privilege of living in a democracy was no
comfort to the 77-year-old retired pharmacist, who shot himself in Athens
Syntagma Square, fearing being reduced to eating from garbage cans.
As a concept, democracy is great, but, in practical terms, its grossly
over-rated and isnt one size fits all. So isnt it about time we quit prostrating
ourselves before its altar, rid ourselves of the quasi taboo of even
questioning its merits and began recognizing that it has warts?
People in non-democratic countries who believe democracy is the
cure to all their ills are sadly misguided. For one thing, its a system of
governance that relies on an educated population, who can understand the
issues at stake. In Egypt, where 40 percent of citizens are unable to read or
write and where over half live under or just over the poverty line, its no
surprise that a large number are seduced by political parties that promote
their agendas under religious slogans.
For another, it doesnt work in nations where there are sectarian
divisions or tribal links because voters will simply vote according to their
ethnicity, religion or inherited personal loyalties. Democracy was forcibly
introduced to Iraq, but as long as there is a Shiite majority, Sunnis will feel
excluded. And in Israel, whose Jewish population boasts that their state is
the only democracy in the Middle East, there will never be an Arab-Israeli
PM or President. Afghanistan is nominally a democracy, but how on earth
can democracy exist under foreign occupation?
Thirdly, in places where theres corruption, its outcome can be
manipulated by bribes or at the ballot box and in others by convoluted or
unfair rules. In the US, former President Bushs two wins came under a
cloud with the first having to be pronounced upon by the Electoral College
even though rival Al Gore received more of the popular vote and the
second having been marred by electronic vote switching incidents that
favoured Bush.
Fourthly, it provides citizens with the illusion that they are free to
make choices or to have a say in the running of their country when ninetimes-out-of-ten politicians promise the earth before theyre elected and do
exactly as they please once theyre in office. Former British PM Blair didnt
care a jot that the overwhelming majority of British citizens were against the
invasion of Iraq when he squandered the lives of servicemen and women
along with his nations surplus.

376

Moreover, any prime minister or president who is elected with a small


majority, say 55 percent, is not necessarily representative of the interests of
the remaining 45 percent.
The pro-democracy argument rests on the ability of citizens to vote
out a leader they believe has let them down when his term ends, which has
merit. However, countries that are suffering major long-term problems need
long-term plans and programmes that successive elected governments, each
with differing solutions, are unable to implement to fruition.
Take the US, for instance, where Democrats have been trying
unsuccessfully to institute universal healthcare for decades. President Barack
Obama managed to get a heavily watered-down version of Obamacare
The Patient Protection and Affordable Care Act passed by the Congress,
but not only is the Supreme Court weighted in Republicans favour
reviewing its constitutionality, all Republican presidential contenders have
sworn to repeal it. Put simply, democracy lacks continuity.
To be fair, there are many nations in which democracy has been
beneficial, comparatively wealthy Scandinavian countries come to mind,
where democracy and capitalism are tempered by welfare systems. Many of
democracys advocates admit it is not perfect, but say it is the best available.
I once thought the same because, like so many, I was brought up in a country
whose citizens are indoctrinated from an early age to automatically accept
democracy as the gold standard.
Most of us are so caught up in nomenclature that often we cant see
the wood for the trees. Any system that can provide people with a decent
standard of living, homes, jobs, healthcare, education and essential freedoms
is worthwhile. (Linda S Heard, TheNation 11th April)

REVIEW
Tony Cartalucci, in his analysis published in TheNation and
reproduced in the paragraph above, candidly described the modus operandi
of the Crusaders to topple the regimes in Islamic countries which show signs
of defiance or are not compliant to desirable degree. There is hardly an
Islamic state where the Crusaders are not interfering.
The involvement of the Crusaders is absolutely certain wherever the
slaughter of Muslims is going on. One of belligerent parties is fully
supported by the Crusaders; the compliant regimes in countries like Iraq and

377

Yemen and rebels are encouraged and aided against defiant rulers in Syria
and Sudan.
In case of Syria the so-called international community has succeeded
in penetrating into Assads domain in the garb of UN observers. The credit
of securing this foothold must go to Kofi Annan. Assad must forget that
these observers are meant to achieve the stated aim of restoring peace in his
country. They are there to create pretext for his toppling.
27h April, 2012

WAR WITHIN-VI
Fourth Thursday of April 2012 became historic as chief executive of
Islamic Republic of Pakistan appeared before seven judges of the highest
court of the country as an accused of contempt of court charge. He came to
the court with entire battalion of ministers and political allies from
Charsadda, Gujrat and Nine Zero. All of them accompanied him with
solitary aim of showing solidarity with the accused, not as mark of respect
for the court.
A few minutes later he left the courtroom condemned and punished as
a convict. There were no signs of remorse or regret on his face or on the
378

faces of other members of his entourage. Detention of thirty-two seconds


could not have made any difference in the composure of a hardened
criminal. Outside the highest court in Islamabad the convict was accorded
heros welcome by cheering supporters, who showered rose petals over him.
He remained hectically busy over next thirty-six hours. He chaired the
special cabinet meeting where he was received by ovation of elected
junta. He received felicitations markedly exceeding in count than those
which he received when he was elected Prime Minister four years ago.
Next day he met the visiting US ambassador for Afghanistan and
Pakistan, Marc Grossman, who assured full US support for his government,
irrespective of what the verdicts passed by the judges of the Supreme Court.
Then, just before the Juma prayers he sneaked into the National Assembly to
complete the victory lap. Amid thumping of desks by the members he
challenged Judiciary and his political opponents to catch him if they can.
The same Thursday, the son of this proud descendent of Ghausul
Azam, Ali Musa Gilani appeared before a team of ANF investigating
ephedrine quota scam. Of course, the son like father denied the charges.
Loud-mouth Babar Awan, former law minister of Gilani, also appeared
before a bench in contempt case and earned yet another postponement. But,
PPP scored a moral victory by winning by-election of provincial assembly
in Multan.

NEWS
Power politics: On 26th April, PPPs Usman Bhatti pulled off an
upset victory over PML-N candidate Moen Riaz Qureshi in the PP-194 bypoll, as he defeated him with a difference of 375 votes. Although Qureshi,
who recently switched over to the PML-N from the Q League, was being
considered a strong candidate, Bhatti defeated him with a narrow margin.
Next day, the government appointed Senator Jehangir Badr as Leader
of House in Senate and directed him to immediately take charge of his new
assignment. President Zardari, Prime Minister Gilani and other senior party
leaders greeted Jehangir Badr on becoming Leader of House in Senate.

Rule of law: On 26th April, Ali Musa Gilani, son of Prime Minister
informed the ANF investigation team that he is innocent and has no
connection with ephedrine drug scam. He followed his fathers directives
and appeared before an investigation team of ANF along with his counsel

379

Fawad Chaudhry and recorded a statement with regards to the ephedrine


quota scam.
Next day, Murtaza Javed Abbasi chaired a meeting of the Standing
Committee on Narcotics Control which received briefings from Brig Akhtar
and other officials of ANF on the unlawful import of a huge quantity of
Ephedrine chemical, valued at Rs7 billion, allegedly involving Ali Musa
Gilani. The officials briefed the committee on their findings and future
plans. The committee asked Brig Akhtar Mahmood to immediately take
charge as ANF acting DG and carry out investigation in the light of
directions of Supreme Court.
Do not take pressure from any side and carry on investigations on
merit. We are expecting free and fair investigation, committee chairman
Murtza Abbasi said. The committee wondered while it was difficult to get
the import quota of just 10 kilograms of Ephedrine, how were just two
pharmaceutical companies permitted to import such a large quantity of
chemical? The chairman directed Brig Akhtar to especially supervise the
investigation and keep the committee informed about findings. The
committee expressed its annoyance over absence of Ministry of Narcotics
Control Secretary Zaffar Abbas Luk.

Defiance of judiciary: On 26th April, a dark chapter was written in


the political history of Pakistan when a seven-member bench of the Supreme
Court convicted Prime Minister Gilani for his willful intent of not
complying with its order regarding writing a letter to the Swiss and other
authorities for the reopening of illegal wealth cases against President
Zardari. Gilani became the first prime minister in a democratic dispensation
convicted on the charge of deliberately disobeying the country's highest
court.
Reading an already prepared verdict, Justice Nasirul Mulk said, for
the reasons to be recorded later, the accused Yusuf Raza Gilani, the prime
minister of Pakistan and chief executive of the federation, is found guilty of
and convicted for contempt of court under Article 204(2) of the Constitution
of the Islamic Republic of Pakistan, 1973 read with Section 3 of the
Contempt of Court Ordinance (Ordinance V of 2003) for the willful flouting,
disregard and disobedience of this courts direction contained in paragraph
number 178 of the judgment delivered in the case of Dr Mubashar Hasan vs
the federation of Pakistan after our satisfaction that the contempt committed
by PM Gilani is substantially detrimental to the administration of justice and
tends to bring this court and the judiciary of the country into ridicule.
380

Justice Mulk went on to read, As regards the sentence to be passed


against the convict, we note that the findings and conviction for contempt of
court recorded are likely to entail some serious consequences in term of
Article 63 (1) (g) of the 1973 Constitution which may be read as mitigating
factors towards the sentence we passed against him, adding the premier was
therefore punished under Section 5 of the Contempt of Court Ordinance
2003 with imprisonment till the rising of the court.
The conviction of the prime minister has now launched a new phase
of complex legal and parliamentary moves aimed at deciding the thorny
question of his ultimate disqualification as the holder of public office. While
the exact contours of things to come shall become clearer with the coming in
of the detailed order of the seven-member bench, the conviction has already
added to the growing political uncertainty in the country.
That the government plans to respond with full vengeance was
betrayed by the extremely harsh tone adopted by Attorney General Irfan
Qadir who while talking to the media immediately after the verdict said that
the judges had given an "illegal and unconstitutional decision" and made no
effort to mask his extreme displeasure with the bench.
Presiding over an extraordinary meeting of the cabinet, Gilani said the
verdict was inappropriate and that he was still the premier even after being
convicted. He said the PPP had always stood by the Constitution and would
continue to do so. Gilani thanked cabinet members for supporting him. The
cabinet reposed full confidence in the leadership of Prime Minister Gilani
and the government announced its decision to appeal against the verdict.
Qamar Zaman Kaira said that the cabinet and coalition partners have
expressed solidarity with Prime Minister and have viewed the SC decision
as a 'political sentence'. Briefing the media after the special cabinet meeting,
Kaira said the PM had always respected the judiciary, tried to strengthen the
institutions and had appeared before the court three times.
He then asked Aitzaz to comment on the Supreme Court's order and
Aitzaz said that he was not given the short order yet while it was a normal
practice that in criminal cases the court never gave a short order but issued a
detailed judgment. But in this case, an elected prime minister was sentenced
in a short order. He further stated that the prime minister was sentenced for
ridiculing the superior courts while he was charged with disobeying the
court orders. He read Article 63 (1) (g), which he said was beyond the
charge-sheet against the PM.

381

He regretted that the PM was sentenced for the crime he never


committed nor was he tried for that crime. He said that in such cases, the
accused had a statutory right for the first appeal and during the pendency of
that appeal; the court normally suspended the operation of the sentence.
Responding to a query regarding the resignation of the PM on moral
ground, Kaira said that PM had not committed any crime but had upheld the
Constitution, so why he should resign. To another query, Aitzaz Ahsan said
that the PM was not sentenced in accordance with the charge-sheet and his
resignation was totally a political decision, which was his discretion but,
legally speaking, his disqualification could not be moved with this order.
In National assembly, Law Minister, Farooq H Naek said the
conviction was not in line with the charges framed against Gilani. He made
it clear that the prime minister never ridiculed the judiciary as mentioned in
the short order on the contempt case. Court has not disqualified Yousaf
Raza Gilani as the prime minister or MNA, he said, adding that an appeal
would be filed in the court, which was a part of the trial.
On the Swiss cases, Farooq Naek said that cases against Benazir
Bhutto and President Zardari had been closed in Geneva. He said the
attorney-general of Geneva decided to close the cases in 2008 on merit. He
said the attorney-generals decision was not challenged. Naek also pointed
out that Zardari remained in jail for 10 years without any conviction. He said
one of the cases against Benazir Bhutto was about the purchase of a precious
necklace, but the London jeweler confirmed that Benazir had not purchased
the necklace. He also said that there was no investigation in the Swiss cases
till 2008.
On the criticism from the PML-N on the PPP leadership, the law
minister said they did not turn personal in politics and paid respect to Nawaz
Sharif and Shahbaz Sharif as they gave respect to their leadership. Give
respect and earn respect. At the same time, he also warned that one should
remain in limits; it would be better; otherwise, others could also cross the
limits.
Referring to the policy statement of the law minister on the Supreme
Courts judgment, the opposition leader observed that court decisions should
not be debated in parliament. He said the issue must not be complicated
because in simple words according to the Supreme Court decision, the prime
minister was convicted. He said the prime minister should also defend his
position in the court and not in parliament.

382

Speaking on a point of order, Leader of Opposition in the National


Assembly said Prime Minister Gilani should first prove himself innocent, as
he had been convicted. Now it is a matter of dignity of the prime ministers
office and respect of the Parliament. The prime minister should file appeal in
the court, prove him innocent and then come in the house, he said. PML-N
demanded Prime Minister to tender resignation and come with a clean chit in
the house, whereas the treasury benches firmly made it clear that Gilani
would continue holding his office.
Prime Minister Gilani stands disqualified from holding any public
office after his conviction from the Supreme Court in the contempt of court
case, said Kanwar Dilshad, former secretary of the ECP. Whether the apex
court bench has convicted Prime Minister Gilani even for 30 seconds or for
30 years, under Article-63 (1) (g) of the Constitution, he stands disqualified
automatically the moment the judgment was announced, he maintained
when asked to comment.
Kanwar Dilshad pointed out the NA speaker needed not to deliberate
after she received the order in writing. He added on having got the order, the
ECP would issue a schedule for the by-election in the related NA
constituency. What we have been doing in the past after the conviction of a
sitting legislator is to hold bye-election and this should be the modus
operandi in this case as well, as all are equal before the law, he observed.
Senior leadership of PML-Q (Like-Minded) welcomed apex court
decision against Prime Minister and urged not only for implementation of
this decision but also of all other decisions previously given by the Supreme
Court. The members of the party highlighted that in civilized country if any
ruler is convicted of crime, he morally resigns from his position and the
Gilani should resign from his position.
Imran Khan also demanded of Prime Minister to immediately step
down after he has lost all the moral and legal grounds to hold his office
anymore. Addressing a hurriedly called news conference at partys central
Secretariat Imran said if the Prime Minister would not respect the judiciary,
how the people could be expected to do the same. Imran continued to refer
Prime Minister as Gilani instead of Prime Minister for reason he later stated
that Mr Gilani is no more Prime Minister after SC verdict.
Jamaat-e-Islami Ameer Syed Munawwar Hasan said if Gilani had any
moral courage, he would have stepped down long ago but now that he had
been sentenced, he must do it immediately to set an example for the nation.
Prof Sajid Mir said the SC awarded a much smaller sentence to the PM
383

against a much bigger crime which showed that the court exercised great
restraint.
Punjab Chief Minister Shahbaz Sharif has said the decision of the
Supreme Court in the contempt case should be implemented in accordance
with all its constitutional and legal demands for the supremacy of law and
survival of democracy. He demanded the prime minister immediately resign
from his post.
The legal fraternity in Lahore hailed the apex courts verdict regarding
the conviction of Prime Minister in the contempt of court case and termed it
a milestone in the judicial history of Pakistan. In Multan, the lawyers danced
to the Bhangra beat and distributed sweets to express their jubilation over
the SCs verdict against the PM.
The nationalist leaders of Sindh appreciated the judgment of the
Supreme Court. Chairman Sindh Taraqqi Pasand Party, Dr Qadir Magsi fully
supported the judgment, while saying that it proved the independence of
judiciary. The decision would be a part of the history of the country. Prime
Minister Yusuf Raza Gilani should now resign from his post without delay as
he had been convicted by the court, he opined.
Another nationalist leader and chief of the Sindh United Party (SUP),
Syed Jalal Mahmood Shah said the judgment of the court came late but was
correct. He said: The Patharidar had been convicted, while the real thief
was still at large. He was neither arrested nor had the money he looted been
recovered. The PPP was politicizing and manipulating the decision so as to
hide corruption and the contempt of court.
Activists of PPP took to the streets and staged demonstrations across
Sindh province burning tyres and blocking highways to record protest
against conviction handed down to Prime Minister Gilani by the apex court
while a PPP leader was also shot dead in Karachi by miscreants during a
protest demonstration. Nabeel Gabool said, We know the assailants
involved in Niazis murder. He said, Government must enforce curfew in
Lyari to carry out a thorough operation against criminals.
The PPP top leadership and heads of its coalition parties vowed to
stand behind the convicted Prime Minister Gilani and decided not to change
Leader of the House in the National Assembly. There is no question of
changing the Leader of the House. Yousuf Raza Gilani is our prime minister
and he will continue as PM, sources privy to deliberations of two important
meetings held at Aiwan-e-Sadr stated.

384

Spokesperson to the President Senator Farhatullah Babar said the


coalition partners congratulated the prime minister over his stance in
defending the constitution and expressed solidarity with him. He said that
the president thanked the coalition leaders for their support. Farhatullah said
that the meeting expressed dismay at courts sentencing an elected prime
minister who has been upholding the constitution and supremacy of the
parliament.
They expressed concern over attempts to dismiss an elected
government and an elected prime minister and vowed to stand by him. After
careful deliberations the meeting decided to give a robust, considered and
appropriate response to the new challenges. The meeting appreciated Aitzaz
and his team for the spirited and competent defence of the prime minister
and called upon them to study the full order of the court as and when it
becomes available and give their opinion on whether and when to file an
appeal against the verdict.
State Department spokesperson refused to speculate on impact of the
conviction on foreign policy issues. I am not going to speculate on the
impact of an internal matter on a foreign policy matter, other than to say that
we did have productive talks today and we think it is important that we get
back to our re-engagement. By the way, Ambassador Grossman will meet
Prime Minister Gilani, she stated. The PPP is regarded as pro-American,
while the military, which has the decisive say in foreign relations, as well as
the main Opposition parties, much more critical of the US policy in the
region.
The Washington Post said, The continuation of Gilani and his party
in power, at least for now, provides a measure of stability that experts say
should help speed the resumption of a cooperative, if uneasy, relationship
between the two counterterrorism allies... Gilani could have been sentenced
to up to six months in prison, but this ruling PPP was hardly pleased with the
outcome.
The New York Times said that the token sentence deflated some of the
political pressure around the case, but which could result in Gilanis ouster.
The courtroom drama brought an immediate sense of relief that a feared
institutional clash had at least temporarily abated. But it also signaled that
the drama was moving from the judicial into the political arena, it said.
The Wall Street Journal said: By deciding not to send him to jail, the
Supreme Court is likely to ensure the current governments survival through
a full five-year term, the first full tenure in the nations long history of
385

military coups. A senior member of the ruling PPP said the government
was considering calling early elections, as permitted in Pakistans
Parliamentary system, possibly sometime between October and December,
it stated.
Next day, amid desk thumping by the treasury, Gilani attended the
National Assembly session and challenged the opposition to bring a noconfidence motion against him. I am an elected PM, representing 180
million people. How can anybody order an elected PM to go home, Gilani
asked the lawmakers a day after the Supreme Court convicted him for
contempt? Only the speaker has the authority to decide about my position,
he said in an aggressive tone in response to Opposition Leaders warning
against entering the NA. PML-N legislators left the house as Gilani entered
the hall.
Gilani said: Madam Speaker, You are not merely a post office... You
also have to apply your mind about my disqualification. I will step down
only if you de-notify me. I will accept if the parliament disqualifies me.
My crime is that I protected the constitution, Gilani said adding the PPP
would not work at anyones whim. We have majority in the house, and it
should be respected. If they didnt recognize me as the PM, I am at least a
member of this house.
Gilani came down on the Sharif brothers, saying, One brother doesnt
accept the president and the other rejects the PM, while the entire party
doesnt recognize the PTI. Gilani said he gave due respect to the judiciary.
The parliament is supreme and all institutions derive strength from it, he
said. All the presidents enjoyed immunity under the Vienna Convention.
This is an international law which is applicable throughout the world.
Declaring an open war against the PPP-led central government,
Nawaz Sharif said his party will use all options, including long march, to
throw Gilani out of premiership as he has lost constitutional legitimacy after
conviction by the Supreme Court. The government can face an unexpected
situation if Gilani dragged his feet and did not quit, he warned while asking
the nation to get ready as time for change has approached.
Since Gilanis conviction in contempt of court case, no government
exists at the centre, and whatever acts have been performed by him and his
cabinet carry no constitutional, legal and moral authenticity, Nawaz told an
emergency press conference. He and his party cannot allow perpetuation of
these unconstitutional acts therefore it has decided to spare no efforts and to

386

resort to every option from protest on the road, inside and outside the
parliament to long march to check the governments way, he warned.
The court decision, he said, was without any ambiguity and Gilani
stands disqualified for five years to hold assembly membership. When he is
not a member, how could he be a prime minister, he quizzed? But PPP rulers
were bent upon defying the judicial verdict no matter even if the court had
clearly asked Gilani to go to Multan instead of the parliament, he added.
Nawaz repeated his call to Gilani for immediate resignation so another prime
minister could write to the Swiss authorities and hold fresh elections.
He said their Central Working Committee will meet on Monday in
Islamabad to finalize strategy and the nitty-gritty of protest and the long
march. Nawaz said they will contact and take on board other opposition
parties in the protest movement. Responding to queries, Nawaz said the
already rocking ship of the country was being put to ever more trouble by
defying the SC order. He said actually President Zardari was responsible for
the current situation as he has used the PM in to protect his money stashed in
foreign banks.
Altaf Hussain telephoned Gilani and congratulated him on an
impressive and logical speech in the National Assembly. The MQM chief
said together they will continue to work for strengthening the democracy.
The Prime Minister thanked the MQM chief for expressing solidarity and
appreciated his leadership in strengthening the coalition government, both at
federal and provincial level.
In giving Prime Minister Gilani a token sentence, senior judges made
a tactical retreat amid confrontation with the government, according to The
New York Times, which went on to say that he could still be ousted and PPP
has made plans to replace him just in case. The lenient sentence (on
contempt charges) was a victory of sorts for Gilani and the governing PPP,
which have been pitted against the Supreme Court since January, and
brought a sense of relief that a feared institutional clash had at least
temporarily abated, the newspaper said in a dispatch from Islamabad.
But it also signaled the start of more tumult that might yet see Gilani
ousted, and which could also pave the way for early elections, Times
correspondent wrote. The newspaper further said the court could still have
the final say in Gilanis case. If the Prime Ministers appeal against
conviction fails, he is likely to face a move to have him fired under a
Constitutional provision that prohibits felons from holding public office, the
dispatch said.
387

Gilani, meanwhile, is positioning himself as a martyr to a hawkish


court a strategy that may already be paying dividends, given that his party
defeated a candidate from Nawaz Sharifs party in a by-election on
Thursday. Still, the case further polarizes Pakistans political scene at a
time of stiff economic, security and diplomatic challenges. Outside the
courthouse, government supporters said Gilani had been victimized by the
court, while critics, including many lawyers, insisted that it was time for him
to go, the paper added.
Victoria Nuland said, we continue to work with him (Gilani) and
Ambassador (Marc) Grossman did meet with him in Pakistan. Grossman
also met with President Zardari and Foreign Minister during his visit, aimed
at repairing the strained ties between two countries in light of Pakistani
Parliamentary guidelines.

Ideological subversion: On 27th April, the University of Peshawar


decided to include two books of Salman Rushdie in MPhil and PhD courses,
which will certainly hurt feelings of the people. According to the photocopy
of the proposals, having minutes of the meeting of Academic Council held
on March 16, 2012, the faculty of Department of English and Applied
Linguistics, University of Peshawar, had approved two books Midnights
Children and Shame, for MPhil and PhD courses.

Baloch militancy: On 26th April, Police claimed to have foiled a


suicide attack bid in Kirani area of Brewery Road, Quetta by shooting down
an alleged suicide bomber. During physical search of the deceased, police
claimed to have recovered a suicide jacket containing 4 to 5 kg explosive
material.
Next day, a man was shot dead in Quetta while a constable wounded
in a hand grenade attack in Dera Murad Jamali. At least two people,
including one security personnel, were killed and five others wounded when
unidentified armed men targeted a wagon near Rakhni in Barkhan district.
A court issued non-bailable arrest warrants for Shahzain Bugti and his
27 security guards, who were arrested on December 22 when the FC
recovered a huge cache of arms and ammunition from their possession. The
accused had not appeared before the court as ordered, therefore the warrants
were issued.

Turf war in Karachi: On 27th April, FIA official and a policeman


were among eight killed in violence in the Lyari area of Karachi, as
gangsters and law enforcers fought pitched battle. Gangsters were targeting
388

both police and general public, as they retaliated to the police operation. The
criminal elements were using grenade launchers and other sophisticated
weapons against police and FC personnel, who tried to gain access to the
congested parts of Lyari.
Gangsters also targeted Gabol near Mira Naka, as they lobbed hand
grenades to eliminate the MNA, but he narrowly escaped the attack.
Reportedly, gangsters were hell-bent to stay in the area because police had
planned to resettle Arshad Papu and Ghaffar Zikri gang in Lyari against
Baba Ladla group. Police claim that they arrested around two dozen
gangsters while managed to destroy the dens of Mulla Nisar and Taj
Muhammad alias Taju.

VIEWS
Defiance of judiciary
PMs conviction: Over two months after the Supreme Court slapped
contempt of court charges on Prime Minister Yusuf Raza Gilani The fact
of the matter is, the court has ruled what it had to and the PM walked out of
the courtroom, half-free, half-chastised, but what we are left with is a
Pakistan where there will be ever more and continued political acrimony and
uncertainty, which will only cripple an administration that has already shown
precious little will to tackle the economic and security challenges facing the
country.
As domestic political crisis escalates, the things that matter the
economy, for instance will only fall by the wayside. Reports in the media
this week say Pakistan might have to ask the IMF for a new borrowing
programme because of its high debt and balance of payments deficit. In its
latest quarterly report, the State Bank of Pakistan had warned of increased
risks to macroeconomic stability and increasing inflation because of
incessant government borrowing from the central bank in essence
depicting an economy on the path of self-destruction. And yet, while the real
troubles loom large, this government is more, in fact only, interested in
playing the political victim-martyr card that it has always held close to its
heart and that it feels will carry it to victory come election time. So as
Thursday ends, one thing is clear: there is only more political turmoil ahead
because this government has no interest in following the law or obeying
court orders. You may have walked out of the court a free man, Mr Prime
Minister, but you left behind an uglier, much much sadder Pakistan.
389

Congratulations. Or should we hang our heads in shame? (Editorial, The


News 27th April)
Conviction and defiance: Mr Gilani was handed down a nominal
sentence punishment till the rising of the court i.e. for 32 seconds but
the citing of Article 63-I (g) of the Constitution in its order purports to
disqualify him, accordingly to most jurists' opinions, from remaining an MP,
thus removing him as Prime Minister or for that matter barring him from
holding any official assignment. The verdict pronounced that the Prime
Minister had willfully defied the court order on the NRO.
It was not unexpected that the PPP and its allied parties would defy
and totally disregard the verdict. The hollow expression of respect for the
judiciary by the Prime Minister and others in the party hierarchy had been
well known. The PPP has the singular distinction of having a consistent
record of ignoring judgments that implicated its members in wrongdoings.
The announcement on Wednesday that Mr Gilani will chair a cabinet
meeting soon after the court had pronounced was a clear signal that
whatever the ruling, the coalition wanted him to stay in the job and, in all
likelihood, it would protest and demonstrate against the court in public.
Karachi, Larkana, Dadu and Multan witnessed PPP stalwarts leading
demonstrations. But by and large, the people, including a vast number of
PPP supporters, would pooh-pooh the very idea of disobeying the judicial
verdicts.
For the learned judges, it was hard to let him off. Most analysts
anticipating the reception of the judicial verdict in the civilized world and,
indeed, democracies are honoured without a murmur were confident that in
the face of the court's frustration at the Prime Ministers open ridiculing its
judgments, it would not be possible for him to go scot-free. Many from the
public interviewed by the media and opposition parties, notably the PML-N
and PTI, felt that Mr Gilani was morally and legally bound to tender his
resignation, whereas the PPP felt there was no such impetus. There are
numerous precedents in the world when heads of state and government after
being convicted quietly quit their jobs. However, Pakistan Attorney General
Irfan Qadir says, If she (the National Assembly Speaker) thinks that the
judgment is valid, she will forward it to the Election Commission, and she
will act otherwise, if she thinks the judgment is invalid. One would have
wished that our leadership that has become a laughing stock of the world for
its tactics to hold on to power despite widespread allegations of corruption
and, now, court defiance, had spared the nation this humiliation. (Editorial,
TheNation 27th April)
390

Gilani creates history, falls to new depths of ignominy: The


newly-added feather in PM (or ex-PM) Gilani's hat has made him
conspicuous amongst his contemporaries in the comity of nations as the
Supreme Court judgment has reduced him from His Excellency Hon'ble
Prime Minister to His Excellency the convicted and condemned Prime
Minister of the Islamic Republic of Pakistan.
From an accused Prime Minister, Gilani has now attained the stature
of the only convicted prime minister in the world. Legally, he could now be
referred to as the convicted prime minister and that makes him different
from all other heads of the government in the world.
Gilani is also unique to have decided to continue as the prime minister
of Pakistan despite having been convicted and sentenced (till the rising of
the court) by the apex court of the country. While his uniqueness is also
unmatched in terms of corruption and bad governance, others in the outside
world leave their public offices on mere allegations.
There is no parallel in the recent history that a prime minister
continued to stay in office despite being convicted by a court of law. Thanks
to the Supreme Court's judicious decision that it did not send Gilani behind
the bars even for an hour. However, the ruling PPP was dying to see the
convicted prime minister making more history by becoming the only prime
minister in the history of humanity to have ruled the country from jail.
Aitzaz Ahsan, his counsel, had repeatedly said during the recent
weeks and months that if jailed, Gilani would continue governing from
behind the bars. While many raise the question of morality and expect from
the prime minister to resign, convictions and jails are nothing new for Gilani
and many of his party leaders. He was jailed and convicted in corruption and
misuse of power offences for his doings and misdoings as the speaker of the
National Assembly. However, a higher court granted a stay order against his
conviction that led to his emergence as the prime minister of Pakistan.
It was during his tenure and because of the friendly prosecution of the
NAB and blessings of the Dogar Court that his conviction was set aside to
give him a smartly manoeuvred clean chit. Later, as a reward, the Dogar
judge, who declared him innocent, was made a judge in the AJK government
despite having being sacked by the independent judiciary. (Ansar Abbasi,
The News 27th April)
Full marks for a brilliant order, says legal expert: By passing a
smart and tactful order based on the Constitution and law against Prime
Minister Yusuf Raza Gilani on the contempt charge, the Justice Nasirul
391

Mulk-led seven-member bench poured cold water on the Pakistan People's


Party's plans to depict him as a martyr with the objective of taking political
capital.
But the short order spanning just 18 lines was hard-hitting as it
imposed conviction, an indelible stigma for life, on Gilani till the rising of
the court and raised a highly serious question about his disqualification
through the laid down constitutional process. It is indeed a good, intelligent
order, based on the Constitution and law; the bench treaded very carefully,
without overstretching its power; and the order will stand the test of time,
noted constitutional expert Babar Sattar told
Full marks to the honourable justices for penning down a brilliant
order confining themselves to the constitutional and legal bounds. The PPP
was dreaming since the initiation of contempt proceedings against Gilani
that the prime minister would be sent behind the bars and it would have
another martyr to cash in, in order to present itself as a victim of the superior
judiciary. The order rendered the top PPP leaders speechless, who failed to
comprehend it for quite some time.
The short order left it to two vital constitutional organs the speaker
and ECP to show door to Gilani for having become ineligible on account
of his conviction by the court. Had it directly ordered his disqualification or
directed the ECP to issue the notification for his unseating, it would have
earned disapproval from certain quarters.
The speaker has no power to judge the court judgment to conclude
that no question (of Gilani's disqualification) has arisen otherwise she will
be accused of going against the judicial verdict. There will be no question
to be determined by her but the real issue would be the implementation of
the ruling.
In one sense, Gilani was held a violator of the Constitution as he
defied clause 2 of Article 204, which was referred to in the short order. This
clause and the Contempt of Court Ordinance 2003 were invoked The
activation of the constitutional disqualification process in the instant case
will land the ball in the courts of Speaker Fehmida Mirza and the ECP to
unseat Gilani owing to his conviction.
Under Article 63(2), if any question arises whether a federal lawmaker
has become disqualified from being an MP, the speaker, in the case of a
member of the National Assembly, and the Chairman, in the case of a
Senator, shall, unless he decides that no such question has arisen, refer the

392

question to the ECP within 30 days and if he fails to do so within this period
it shall be deemed to have been referred to the ECP.
As per clause 3 of this article, the ECP, not the Chief Election
Commissioner (CEC), shall decide the question within 90 days from its
receipt or deemed to have been received and if it is of the opinion that the
member has become disqualified, he shall cease to be MP and his seat shall
become vacant Meanwhile, even after Gilani's conviction and likely
entailing of serious consequences including disqualification as MP, the nonimplementation of paragraph 178 of the 2009 judgment against the National
Reconciliation Ordinance (NRO) that ordered writing letters to Switzerland
to reopen graft cases, remains alive as before.
Babar Sattar said the apex court bench which was seized with the
NRO implementation case and would resume hearing on May 2 would deal
with the issue of writing letters to Swiss authorities. He believed that it may
appoint a commission under Article 90 to do so when the government
adamantly refuses to implement paragraph 178. (Tariq Butt, The News 27 th
April)
Articles 62 and 63: Apparently, the court has not invoked Article
63(1) g directly and convicted the prime minister under section 5 of the
contempt of court ordinance, but it does mention the said article in its verdict
and says that the finding and the conviction are likely to entail some serious
consequences in terms of this article which may be treated as a mitigating
factor to the sentence they pass. Meaning thereby, since the convict may face
disqualification from his office and his seat in parliament, they have
restricted themselves to a softer sentence.
let us now look at 63(1) g, the complete article it is a part of, and,
the preceding Article 62 of the Constitution. These articles were a part of the
1973 Constitution, subsequently amended in 1974 and made harsher in
1985. Article 62 deals with the qualifications for becoming a member of
parliament and Article 63 deals with causes for disqualification from the
membership.
While there are obvious reasons to have qualification and
disqualification criteria for members in any constitution, the articles our
Constitution contains have serious lacunae which can always be used to
politically victimize any elected member. The terms like good character,
good moral reputation, moral turpitude, practicing obligatory duties
prescribed by Islam, abstaining from major sins, Islamic injunctions,

393

Ideology of Pakistan, bringing into ridicule the judiciary or the armed forces,
etc are vague, immeasurable and hard to establish in a just way.
For instance, in legal terms, public life is affected by crime and not
sin. Morality is a relative concept and good reputation is highly subjective.
There was a two-nation theory when Pakistan was created. The Ideology of
Pakistan became a usable term only after Gen Sher Ali Pataudi promoted it
in 1969, soon to be desecrated in the eastern wing of the country. Besides,
what does ridiculing mean?
If some of the judges used the law of necessity in the past, legitimized
dictatorships or ruled under duress, can no parliamentarian of Pakistan raise
her concerns? If some generals abrogate the Constitution, manipulate
political events and violate the limits put by the Constitution, can no
parliamentarian raise his voice?
I share my view of Articles 62 and 63 with also Imran Khan, whose
politics I otherwise find without substance. He said in June 2007, when the
MQM presented a resolution against him, that these articles can only be
applied to angels and not human beings. (Harris Khalique, The News 27 th
April)
Why Aitzaz & Co are trying to make media a scapegoat: After
losing the case of their chief executive in the apex court of the country and
bringing to him the dishonour of becoming the first convicted PM of the
country, top notch lawyer Barrister Aitzaz Ahsan and chief spokesman
Qamar Zaman Kaira, have turned their guns on a section of the media,
blaming it for all their failures in a blatant attempt to pitch the judiciary
against the media. Specifically they targeted the Jang Group.
The top PPP leadership, in a shameless display of public diplomacy,
wanted to find scapegoats as all their attempts to twist facts, give a vicious
perverted spin to events, mislead the judges and the people, insult the
superior courts in public, make fun of them in front of TV cameras and then
innocently claim inside the courts that the bench should not look at whatever
is happening outside their courtroom, had failed.
In their full house news conference, Aitzaz Ahsan and Kaira targeted
The News and Daily Jang. The leading lawyer had been trying for days and
weeks inside the Court Room No 4, before the Justice Nasirul Mulk bench,
to get a restraining order against the media. He would bicker, cry and shout
at the Jang Group, he would read from the stories and opinions expressed in
these newspapers and would repeatedly claim that he was under pressure.

394

The judges did not listen to him, as rightly so it did not matter to the case
before them.
The judges repeatedly denied Aitzazs plea to gag the media and
finally when he was frustrated, the Attorney General of Pakistan, who was
supposed to be the chief prosecutor, joined hands with him and started
arguing that everything wrong in the case was because of this small section
of the media. What a pathetic plight of the two top most judicial officers of
the country who could not argue their case before the judges but had to
bicker about some media reports, as if these columns were determining what
would be the fate of their prime minister and those powerful people in the
PPP, whose corruption they wanted to protect.
After the judgment on Thursday these two PPP leaders spoke at length
and again targeted the Jang Group. Earlier the information minister had a
shouting match with a top anchor of Geo, Kamran Khan, who practically
gave him some shut up calls. Is then the media the real villain and has the
prime minister been convicted because the media ran a few stories on what
Aitzaz Ahsan had done inside the courtroom or had failed to do or say the
right things before the judges?
Both Aitzaz and Kaira complained that a specific media campaign was
launched to create a certain environment, this section of media initiated this
campaign, they targeted the prime minister, they ridiculed Barrister Aitzaz
Ahsan, to dishearten and defame him.
Aitzaz grumbled that those who had sharpened their knives and tools
were shocked, as they were thinking that the prime minister would be sent to
jail. They wanted on January 19, 2012 that the prime minister should be
handcuffed. But, they were disappointed. Kaira Sb would have remembered
that these are the same people who were saying in 2008-09 that president has
to go and the only thing that was to be decided was whether he will leave the
Presidency on his feet or will go out in an ambulance, he went on cribbing.
This section of media, he said, was misrepresenting my arguments.
They were telling lies in their stories and columns. They wrote Aitzaz had
become speechless and tongue-tied. They wrote Aitzaz was seeing left and
right, up and down. They created an environment against me.
Then he asked the same media the following question: Those who
were attacking me by sharpening their knives and tools should answer today
how a judgment has been penned down out of the ambit of the charge-sheet.
If this certain section of the media is fair it should question and criticize the

395

judiciary for penning down a judgment and delivering a verdict on charges


which were not even reflected in the charge sheet.
All this harangue against the media just shows how weak and feeble
the political and legal case he has to defend a PM who is doing nothing but
protect corruption of powerful people in the party, no matter if he tramples
upon all the constitutional, legal, moral and ethical standards of politics and
decency.
Aitzaz Ahsan has been simply playing tricks with words and
misleading everyone when blaming the media and the Jang Group. He had
taken a U-Turn on his own words on the Swiss letter issue but when the
media pointed this out, he could not digest it.
He still thinks he is the darling of everyone because he drove the
Chief Justice of Pakistans car to his restoration and that the media should
forever remain grateful to him, no matter if he has joined the club of the
corrupt, defending them and their looted wealth on petty legal or technical
grounds.
In the process, after remaining in the bad books of his leadership for
months and years, for which he duly earned respect, he has now sold himself
for a Senate seat and some other goodies to come. He has seen but preferred
not to understand the plight of what has been done to persons like Babar
Awan and many others.
As for the Jang Group, we have reported everything, as it should have
been done, without fear or favour. The judges of the Supreme Court have
repeatedly acclaimed the role of the media, numerous stories have been
picked up in suo moto cases and these issues have become major cases of
national importance for the national politics and economy. The judges at
times have even asked the Jang Group to provide evidence, which the
government officials and ministries conveniently lost because they could
have been incriminating. One such report was submitted to the SC by Hamid
Mir in his talk show only on Wednesday.
The News and the Jang Group are being targeted because they raised
issues of critical importance well in time so that the Supreme Court benches
do not forget these issues and this is what hurt Aitzaz Ahsan and Company
the most. It was the honour of the Jang Group to pinpoint the hidden but
crucial issues which the government lawyers were trying to overlook or
brush under the carpet.

396

What we did not do was to support Aitzaz Ahsan or his prime


minister, just like many other media outlets have decided to do. But for this
Aitzaz has been twisting facts and scolding us for what we never did. For
instance we never said that the prime minister will be, or should be,
handcuffed. But he accused us of saying this. What we never did was to say
that the president would go out of the Presidency in an ambulance. Yes, we
did report what the president himself had told his friends and that was
correctly quoted. The president had been telling people himself that he
would leave the Presidency in an ambulance, or go to jail, or stay where he
is. So far he is right but Aitzaz is wrong in misquoting us.
What has become even more blatant and intolerable is that the
government has crossed all limits of breaking the rules, traditions and legal
and ethical practices in pursuing its agenda of corruption and saving the
looters and plunderers. All institutions have been turned into handmaidens of
the rulers, without for a moment wondering what will happen when this
house of cards falls to its feet.
Institutions like NAB, FIA, Election Commission and even Attorney
General have been forced into toeing the government line. The climax was
seen in the PMs case when the chief prosecutor joined hands with the
defence counsel to protect, instead of prosecuting, the accused. Both the AG
and the Defence Counsel though lost. So now they have to blame somebody,
find some scapegoat and try to clutch at some straws to save their leaders.
What they forget is that powerful dictators and civilian autocrats in the past
failed to coerce the media in general and the Jang Group in particular and
they will also fail. They cannot pitch the media against the judiciary, and
vice versa. (Shaheen Sehbai, The News 27th April)
One happy convict: Thank you lord, but not my lords, for bringing
the contempt case to a close. Well, almost. The prime minister apparently got
what he deserved for willfully trashing the verdict of not one judge or two
but the full bench of the highest court of the land. But was it enough? Did
the court go the required nine yards? Not really.
Yes the prime minister was convicted but within seconds he was home
free as well. His premiership tucked safely under his belt and with no serious
threat to be taken away during the remaining months of his term in office,
the prime minister could not have secretly asked for a better verdict. That he
would be held guilty was a given but given his office back for keeps was
not.

397

The wording of the short order clearly indicates that the matter of
prime ministers ultimate disqualification has been thrown in the
parliamentary procedural labyrinth. The country and the people will now be
subjected to many more torturous months of legal bickering over how and
when to, if ever so, to disqualify the premier. Did this conviction bring us
any closer to the implementation of the original NRO order of the full
bench? Apparently not. The environment of uncertainty spawned by this
display of judicial restraint will only contribute to the further deterioration
of governance and the woes of the already sputtering economy.
Did the countrys highest court just blink? Yes. An unambiguous
categorical defining of status was warranted by circumstances. Instead of
creating a new state of legal limbo, perhaps the court would have done
everyone a bigger favour by swallowing its pride and simply looking the
other way and exonerating the prime minister altogether. At least things
would have settled down once and for all and some semblance of normalcy
would have returned to the system creaking under the weight of legal
maneuvers. But what we witnessed instead was the court making a big issue
out of the countrys chief executive having caused irreparable damage to the
process of law and the courts dignity and then, after convicting the
gentleman, just letting him walk away into the legal haze with merely a slap
on the wrist.
The court has itself justified mitigating the sentence till the rising of
the court on the grounds of the possible ramifications of Article 63(1)(g)
subsequently coming into play. What logic or consideration stopped it from
taking the matters to a logical conclusion by giving a circumspect order on
the PMs eligibility to continue in office, well never know. What we do
know however is that after months of the grand standoff between the
executive and the judiciary and a conviction pit stop, the nation has been
forced on yet another roller-coaster ride promising to last for quite a few
months.
The prime minister is a convict but remains the prime minister. The
letter he was supposed to write remains unwritten. It is only a matter of time
now before another serious standoff takes place between the judiciary and
the executive on the issue of the writing of the letter to the foreign
authorities. The prime minister flatly refused to do so in the first round and
continues to hold office despite a conviction. Why will his stance change in
the coming months? When will he again be asked by the SC court to write
the letter? And what happens when he refuses again? Does he get hauled in
fresh on the same stale charge of defying the Supreme Court? We dont
398

know whats going to happen on this front in the coming weeks while the
drama of his disqualification runs parallel.
If as is being suggested, the full bench may be constrained to form a
sort of commission with the authority, rather a directive, to write the letter to
the foreign governments, then again the prime minister will unquestionably
take the court head-on and the nation will be caught in the midst of another
drawn out battle. Only this time, buoyed by the cowering of the court in the
past, we will definitely see an even more aggressive executive. In fact, in
such a scenario the possibility of the entanglement taking on the complexion
of one between parliament and the apex judiciary, and not just the executive
cannot be ruled out. The weak-kneed action by the seven-member bench
may just have sired a future political crisis of unmanageable proportions.
The restraining prudence shown by the bench is nothing but another
form of doctrine of necessity with the judges ostensibly trying to save the
system from a sudden shock. And we thought the days of such doctrines
were over. It has repeatedly been argued in these columns that rule of law
will not become the rule in this country till the lands top judges confined
themselves to passing judgments based on points of law and not on the
consequences of their decisions outside the confines of their courtrooms.
Justice will not be served for as long as legal verdicts are tampered by
considerations other than pure legal arguments.
The nation definitely did not take to the streets and brave Gen
Musharrafs henchmen and brutalities to restore judges who too would
ultimately succumb to the convenience of comforting pragmatic decisions
rather than pure legal verdicts that may cause system shocks and bring
governments down but ultimately uphold the rule of law. If an exception is
made for the present judges for showing restraint in the larger national
interest, then no moral justification remains for criticizing the justices
Munirs and Dogars of this world, for they too acted as per their own
definition of judicial restraint and modified behaviors in what they must
have perceived as being the larger national interest.
With the legal hassle about his continuity in office brushed under the
carpet by the judicial brush, Prime Minister Gilanis conviction has brought
to the fore the moral and ethical aspect of his staying in office. Is it legal for
the prime minister to stay on? Yes. Will he manage to hang on for the next
few critical months right up to the next general elections? Yes. But, if it is
morally appropriate for him to continue in office after his conviction for
disobeying the countrys top court is the question.
399

The case of the prime ministers conviction must not be viewed as that
of the conviction of a politician placing party loyalties above his obligation
to the Constitution. In essence, it is that of the nations chief lawmaker
becoming the chief lawbreaker as well. Parliament is the source of all
legislation and the leader of the house is its custodian. It is parliament that
must make the law of the land and it is for its leader, the prime minister, to
ensure its implementation as the head of the executive. How then can that
custodian stay on morally and ethically when he stands convicted of
deliberately abandoning his prime constitutional obligation? Pakistans
ruling political elite however has never been too concerned about the moral
and ethical aspects of public life and it would be nave to expect a change of
heart just because of one watered down conviction.
At a cursory glance, the prime minister appears to have been dealt a
severe blow because of his conviction. But in real terms, he must be one
heck of a happy convict for he has lost little. Our version of democracy is
built around power politics and not necessarily peoples politics and as long
the power base remains secure, little else matters. The prime minister
continues to remain secure in his office and has enough time at his disposal
to orchestrate his future political moves. Round one to the court-defying
executive. (Mohammad Malick, the News 27th April)
The day after: Heres what happened in Courtroom No 4 this
Thursday One day later, now that the dust has settled somewhat, it would
be fair to say that not wanting to be dragged into further controversy and
ruling in favour of the continuity of the democratic process rather than of
parochial institutional interests, the seven-member bench has passed on the
question of the PMs disqualification to parliament and opted for
constitutional disqualification. Clearly, then, the judiciary has chosen the
least confrontational and most lawful route.
And how has our dear prime minister responded? He came on the
floor of the National Assembly Friday and refused to step down after his
contempt of court conviction, saying only the countrys parliament could
remove him from office. There is no law to remove an elected prime
minister; parliament is the supreme authority and only this parliament has
the authority to remove me, he said in a tone of utter insubordination.
Challenging the PML-N to bring a vote of no confidence against him, the
PM said he represented the 180 million people of Pakistan: How can
anybody order an elected prime minister to go home? Only the speaker of
the house, who is the custodian of this house, has the authority to decide. I
am ready to quit if this parliament disqualifies me.
400

Indeed, the PM wasnt the only one who took on a defiant tone.
Minutes after the judgment, newly appointed Attorney General Irfan Qadir
declared the order void ab initio, illegal and unconstitutional, saying it
should be ignored. Accusing the court of deciding the contempt issue on a
political rather than legal basis he said he could not be party to a decision
that had violated the Constitution. The PMs counsel Aitzaz Ahsan, as
expected, also said the apex court had gone beyond the scope of an
indictment. Why has the government side decided to opt for such a
confrontational stance in the face of a court that clearly just wants the
parliamentary and constitutional process to unfold and lead to the most fair
and non-controversial outcome? The government has already done
everything to convince us it has nothing but contempt for the idea and the
practice of the rule of law. The PMs performance this Friday only
strengthened this impression and sent home the message that he is willing to
sink his weak government ever deeper into crisis to be on the right side of
his boss, even if it means always being on the wrong side of the law.
(Editorial, The News 28th April)
Another contempt? Prime Minster Gilani has questioned the
implication of his disqualification following his sentence by the Supreme
Court in a contempt of court case on Thursday. First, soon after the courts
pronouncement, he chaired a cabinet meeting that extended him full support
and upheld this view. Secondly, he addressed the National Assembly on
Friday, asserting that no one except Parliament and the NA Speaker had the
authority to disqualify and unseat him. One wonders whether Mr Gilanis
stand disregarding the court judgment constitutes another contempt; it
certainly is the continuation of confrontational policy of the government.
Parliamentary supremacy that would brook no intrusion from any outside
agency is now a well known principle with the PPP and its allies
During his address on the floor of the House, he severely criticized the
Sharif brothers and indirectly threatened that the Punjab government could
be brought down only with intelligence; funds were not needed. The PPP
believed in the policy of taking everyone along though it had the opportunity
to form government in the province in 2008. In a somewhat ridiculing
manner, he said that one brother would not recognize the President and the
other the Prime Minister, adding that if anyone did not have confidence in
him he could bring before the House a no-confidence motion.
Several eminent jurists have in the meantime observed that Mr Gilani
stands convicted, he is disqualified under Article 63 (1) g to remain an MP,
hold the office of Prime Minister or any other office under the government.
401

It is a matter of great pity that Mr Gilani and his party refuse to abide by the
cardinal principle of the Constitution that binds all, without exception, to
bow before the judicial verdicts, let alone of the Supreme Court. There is no
other way to establish the writ of law in the country. The government should
know that the eyes of the entire world, particularly of friendly countries, are
on Pakistan hoping that democracy takes firm roots here and is able to get
out of the effects of harm done to its polity by the several bouts of military
rule which had prevailed here. (Editorial, TheNation 28th April)
Another badge of honour: What was the point of taking note of the
contempt matter and dragging it on for months if all the gumption that the
Supreme Court was capable of was inflicting 30 seconds of shame? This is
the gist of one set of criticisms of the prime ministers contempt case. The
case and its verdict are devoid of legal merit and completely political, being
a continuation of our judiciarys history and proclivity to treat the PPP
unfairly, charge the minions of the Zardari PPP. Why is the court obsessing
over high-profile cases affecting a handful of individuals within the echelons
of power that have no relevance to the lives and miseries of the ordinary
folk, is yet another criticism? Is there a gap between what the court did and
what it ought to have done in the prime ministers contempt case?
The prime minister was charged, under Section 3 of the Contempt of
Court Ordinance, 2003, for willfully disobeying a final order of the Supreme
Court in a manner that tended to bring the authority of the court and the
administration of law into disrespect and disrepute. The instruction included
in the NRO judgment of writing to the Swiss authorities to state that
Pakistan never legally withdrew its status as a civil party in money
laundering proceedings, involving some 60 million dollars stolen from
Pakistan was unambiguous. The prime minister took a position in court that
he was bound by the advice rendered by his law ministry asking him not to
write to the Swiss on the ground that the matter involved Asif Zardari and
such a letter couldnt be written in view of Article 248 of the Constitution
that affords the president immunity against criminal proceedings.
The prime minister accepted such advice but didnt require the federal
government to raise the issue of presidential immunity in the review filed
against the NRO ruling, which once dismissed made the NRO order final
and unalterable. On hearing the prime ministers excuse for not complying
with the NRO order, the Supreme Court once again asked the prime minister
to remedy the wrong and write the letter, even if he previously believed that
he was under an obligation not to. To this the prime minister responded with
a two-pronged strategy: in court his lawyer raised technical arguments about
402

due process under Article 10-A of the Constitution; and in the political arena
the narrative about personal loyalty to the party head taking precedence over
compliance with court orders and the judicial wolf eyeing the poor PPP was
reinvigorated.
Notwithstanding Aitzaz Ahsans clever play with words, it was hard to
fudge the underlying reality: the NRO judgment had attained finality and
required to be implemented, and the prime minister and the PPP had decided
not to do so, come what may.
The Supreme Court repeatedly persuaded the prime minister to
comply with the court order without avail and consequently a guilty verdict
in the contempt matter was the writing on the wall. It is hard to see how any
amount of legal wizardry could have obfuscated the facts or changed settled
law: the principle of separation of power dictates that the judiciary has the
last word on the meaning of the Constitution and its interpretation is binding
on the executive; and the prime minister doesnt have the privilege to
determine that it might not be an opportune time to implement a binding
court order in view of his personal reading of the Constitution.
In this backdrop, the court had no option but to convict the prime
minister and it did. That is the first component of the short order. The second
component deals with sentencing. The prime minister was punished till the
rising of the court. The doctrine of proportionality requires that punishment
should be commensurate with the wrong done. If the prime minister has
indeed flouted a binding court directive deliberately and brought the
judiciary and the administration of law into disrespect, why was he being let
go with a slap on the wrist?
The court hinted that the prime ministers contempt conviction was
likely to trigger Article 63(1)(g) of the Constitution, and disqualification as
member of the National Assembly and consequently prime minister being
serious punishment, the court viewed that as a mitigating factor in
determining the quantum of his punishment under the contempt law.
Article 63(2) of the Constitution requires the speaker of the National
Assembly to refer the matter of disqualification of a member within 30 days
of it having arisen, unless she affirmatively declares that no such question
has arisen. Thus, if the Supreme Court ruling states that Article 63(1)(g) has
been triggered, the question of disqualification has arisen without doubt.
The speaker then, devoid of any discretion in opining on the question
of disqualification, is required to act as a conduit and send the matter to the
Election Commission. The Election Commission, under Article 63(3) then
403

has 90 days to act. The language of Section 3 of the Contempt Ordinance


and Article 63(1)(g) of the Constitution is analogous. Further, section 18 of
the Contempt Ordinance states that a court finding that the contempt is
substantially detrimental to the administration of justice or scandalous is a
prerequisite for a guilty verdict in a contempt case.
In other words, since the promulgation of the Contempt Ordinance,
2003, there cannot possibly be a contempt verdict against a parliamentarian
that doesnt trigger Article 63(1)(g). Now that the prime minister has been
declared guilty of contempt, his disqualification under Article 63(1)(g) is a
natural corollary of such conviction. The only thing that remains to happen
is the completion of the process of disqualification, as mandated by Article
63(2) and (3). And in complying with the process neither the speaker nor the
Election Commission has the authority to sit in judgment over the decision
of the Supreme Court and determine whether Article 63(1)(g) has been
rightly invoked, unless the detailed order of the Supreme Court itself leaves
the question open for adjudication by the Election Commission. Hopefully
the detailed order will clarify all this.
Let us revert to the criticisms we started with. The object of the
Contempt law is not to award rigorous imprisonment to derelicts, but to
censure them with a view to ensure compliance of court orders. The glare
over prime ministers contempt case was not due to the courts beckoning,
but due to medias over-enthusiasm. Those who aspired to see the case
instigating regime change or the prime minister being handcuffed and
Pakistan being turned into a circus had set themselves up for
disappointment.
But more dangerously, the PPP instead of recognizing the judicial
restraint applied here now seems eager to brew a clash between parliament
and the judicature. Its legal wizards have the audacity to assert that the
speaker can sit in appeal over the court ruling and declare that no question
about disqualification has arisen. The trend here is consistent. The contempt
case was fundamentally about the ruling regime refusing to acknowledge
that judicial decisions are binding on the executive. Its response to the
contempt decision is that the speaker of the National Assembly can also
disregard clear orders of our highest court.
Such invidious interpretation of the Constitution and the deliberate
provocation of a conflict between two coordinate pillars of the state will hurt
our scheme of separation of powers and the evolution of institutional norms
and practices likely to strengthen democracy and rule of law. And none of
404

this is irrelevant for the ordinary folk for at the heart of this debate is the
question of whether in our country the law applies to the weak and the
mighty alike and whether loyalty to individuals will continue to trump
allegiance to the Constitution. This is a battle between the ugly status quo
and hope for change. It is time to pick sides. (Babar Sattar, The News 28th
April)
Presenting the (convicted) PM: The whole battalion of ministers
(recently appointed/reshuffled and of the strangest new portfolio fame), went
with the Prime Minister to show strength and support for him when the
judgment in the contempt case was to be announced. They have it all wrong.
All of them have been elected, in essence, to show strength and support for
the people and the Constitution of Pakistan. But looking at the ground
reality, nobody would ever think so! If it was not so serious, it would be
quite funny actually.
It is like games and lollipops for children. The very least one expects
from a mature and responsible politician, thus declared by the highest court
of the land, is resignation. It might also wash away some of the dirt that is
stuck almost like glue to his name and to that of his offspring. It might also
give them a chance of coming back in another election, but as Ayesha
Siddiqa, the eminent scholar, maintains after research, that long-term vision
is something we are genetically incapable of, for some strange reason.
The fact that the Supreme Court did not also disqualify the Prime
Minister in its judgment for contempt has ensured that the country remains
in a disarray for quite some time more We are now the odd country where
the guy who heads the government has to wear the label of 'convicted' like
others do their medals. I suppose it happens when the non-deserving are
appointed Chief Executives in lieu of the loyalty factor alone.
Despite all the arguments possible made by the noisy fraternity of
lawyers on both sides of the divide who, apparently, can argue
inconclusively till kingdom come, the general perception and opinion
favours resignation by the Prime Minister. The effusive and loud mubariks
that were given to the Prime Minister by his Cabinet colleagues after the
verdict reminded me of the children's story wherein the king was parading
naked, but his courtiers kept saying: What beautiful clothes your majesty!
We the public are very much like the small boy who was looking on and
whom nobody bothered with, even when he kept saying: The king has no
clothes!

405

In all this, it is the PML-N, who now have to practice what they keep
talking about. It is a defining moment, more or less, like the PowellMusharraf dialogue, are you with us or against us? It is no longer
acceptable or possible for them to have their cake and eat it too. Their fear of
the faujis taking over must be set aside, if they are to remain relevant in the
world of politics. They have done the friendly opposition bit when that was
their need of the day, followed by the sloganeering opposition bit to show
they were on the side of the public. Now is the time for actual action and
final positioning that can only be postponed, if they can risk their urban vote
bank. Somebody among our politicians should think about longevity and
how history is going to judge them way after all judgments have been
passed. (Tallat Azim, TheNation 28th April)
The verdict and after: The legal side of the case apart, the PPP has
already politicized the matter. Meetings have been held in the presidency
and more street action is possibly on the cards. An urgent meeting of the
Cabinet chaired by Mr Gilani has been held to signal a message that nothing
has changed and as if the court proceedings were merely a gust of wind that
has come and gone.
A section of the media has been critical of the restraint exercised by
the court the editor of a leading newspaper going to the length of saying
that the restraining prudence shown by the bench is nothing, but another
form of the doctrine of necessity.
That the PPP will persist in refusing to honour the court verdict is a
foregone conclusion. It will resort to all kinds of devices, including the use
of the Sindh card if considered necessary. Little, however, does it realize that
a denial of the imperative of abiding by the Supreme Court judgment will
add to confusion and resultant instability in the country at a time when it is
facing formidable internal and external challenges. The US special
representative, Marc Grossman, is already in Islamabad holding talks with
high level civil and military office holders. A crisis-ridden government will
find itself considerably handicapped to put up a robust stand, while
negotiating the new terms of engagement in accordance with the guidelines
and directives contained in the parliamentary resolution.
The circumstances, thus, warrant restraint on the part of the central
ruling elite and avoid adding to further turbulence. If, however, they stick to
their aggressive, confrontationist stance, the opposition too will step up their
agitational activities. The economy is already in serious trouble. And so is
governance and the state of law and order. One may only hope that better
406

sense will prevail and the sagacious senior members of the ruling party will
counsel the top leadership to realize the vital importance of upholding the
rule of law, even if it hurts their personal interests. (Inayatullah, TheNation
28th April)
SC verdict a warning shot at PPP: The Thursday judgment could
be the warning shot if the government understands its true spirit, therefore
instead of diverting the attention of public from detrimental consequences of
it, the Prime Minister respecting the judgment should step down. The
symbolic punishment could be the sigh of relief for the Premier for the time
being but the nightmare is not over yet, as the seven-member Supreme Court
has to pass an appropriate order on the implementation of NRO
With the 30 seconds sentence the PM and his cabinet minister came
happily out of the court but with the stigma of conviction, which could only
be washed away by the court. The objective of the court has been fulfilled
and technically the PM is disqualified though he, his ministers and the PPP
leadership say that the PP is not disqualified. Anwar Mansoor, former
attorney generalsaid the apex court of the country has convicted the PM
therefore there should be no doubt in the Speakers mind to send the
reference to the Election Commission of Pakistan. (Terence J Sigamony,
TheNation 28th April)

Taming the military


The men in khaki: As far back as I can remember, one thing that I
was always known for by anyone who knew me, whether as passing
acquaintances or fast friends, was that three subjects were explicitly taboo as
far as any sort of criticism just or otherwise, subtle or blatant, was concerned
unless, of course, they were ready to have their heads bitten off. They were
Pakistan, Quaid-i-Azam and Pakistan Army. Never once was I ashamed to
be emotional about them, nor concerned that such a stance will portray a one
dimensional thought process, generally scoffed at by most, if not all
intellectuals. However, as age calmed the volatility of youth and experience
taught tact, sentiments such as these were more often than not kept to
oneself; opinions, however offensive, were tolerated and army bashing was
taken in stride as questions that disturbed even my intellect were ruthlessly
asked and pointedly highlighted to ridicule an unquestioning loyalty to an
institution which to me is synonymous with Pakistan, its army.
It took the sacrifice of more than a 100 soldiers to jar me out of that
intellectual complacency and shame me into admitting that there is nothing,
absolutely nothing wrong with being irrationally sentimental about an
407

institution which has given us so much for so long. It reminded me that


when I say Pakistan Army, I do not speak of generals or the ever theorized
sinister establishment or any of our historic dictators; I speak of the
common soldier. He epitomizes the army. A man who stands up and says my
country means more to me than my life, I will sacrifice my comfort so that
others may rest easy, I will bear the harshest of conditions to stand guard so
that others may be safe, I will endure separation from loved ones so that
others need not and if need be I will gladly lay down my life so that my
fellow countrymen can be spared. So next time you slur the army, it is this
man that you dishonour.
So much has been said and written about the corrupt elements present
in the army, the budget allocation to defence, martial laws and, of course,
General Zia and General Musharraf, that we somehow miss the most basic
facts in all such debates. Men who go into the army are not reared in
laboratories or sent from above; they are part of the same demographic that
calls itself Pakistani the only difference is that the army, perhaps, is the
only institution in Pakistan that has a system in place, which actually works,
at least for most part; a system that allows accountability and integrity; that
ensures honesty and hard work by drilling its participants with all sorts of
physical and intellectual challenges. There is no denying that mistakes were
made, and some did put personal interest in front of national interest, but
that is inevitable wherever humans are part of the equation. Yet, during times
of crisis our first line of defence has always been our soldiers. Whether we
like it or not, the huge defence budget has been Pakistans necessity, rather
than the armys luxury. Anyone who has gone step by step through our
history knows under what conditions Pakistan was made, what challenges
we faced from day one and how the continued existence of our motherland is
nothing short of a miracle in itself. Starting from scratch at the time of
Independence to being a nuclear power today is a monumental achievement
for Pakistan and the role of the armed forces has been integral in this. The
bitterest of all truths is that where all faux pas and all blunders are so
glaringly apparent to everyone and highlighted to no end by the so-called
experts or champions of democracy, all the sweat and blood and all the
sacrifices that are part of a soldiers everyday existence go unnoticed.
I have always been frustrated with the assumption that a soldiers life
is one of luxury, the general perception that exists is that you join the army
and a horde of servants are at your beck and call, you have a fleet of cars at
your disposal, you live in the best neighbourhoods unjustly acquired by the
army for your comfort and in general live like lords ruling over the less
408

fortunate civilians - and I think to myself, how can I show them the life a
soldier and his family actually lives. The agony of knowing that life and
death hangs in a delicate balance for a loved one posted in Siachen or
fighting against insurgents on the western border. The anguish of receiving
the dead body of your son, who hadnt even seen his 25th birthday or the
grief of widowhood a year into your marriage, such is life for a soldier and
his family. There is neither fortune, nor fame for a common soldier; there is
just honour in life and honour in death.
Today as another 135 families are devastated by the loss of a loved
one, I stand and salute our armed forces and their families. I give them my
utmost respect and gratitude and ask their forgiveness for not realizing just
how much I owe them. (Mariam Habib, TheNation 28th April)

REVIEW
The regime had planned in advance to defy the verdict in contempt of
court case and to that end it had scheduled a special cabinet meeting, which
was chaired by Gilani soon after coming from the apex court. He drove
straight to the conference room where he was applauded for his victorious
outing against the Supreme Court of Islamic Republic of Pakistan.
With the holding of this conference the defiance plan of the regime
was unleashed with full ferocity, though it had already begun with Attorney
General Irfan Qadirs foray outside the court soon after the announcement of
the verdict. He had declared the verdict unconstitutional and illegal.
After the special cabinet meeting, Aitzaz and Kaira jointly addressed
a press conference in which they took on all the adversaries of the regime
simultaneously. Aitzaz pointed out basic flaws in the verdict, indirectly
causing aspersions on the competence of the judges. Kaira criticized the
political opponents and both indulged in selective media bashing.
Next day, Gilani addressed the National Assembly in triumphant tone
and challenged PML-N to try and dislodge him by bringing no confidence
motion. He also cautioned Speaker of the Assembly not to act like a post
office when she receives the court order. He directed her to refer the matter
to the House for final decision, in other words, Parliament, not the Supreme
Court, is final judicial authority in the country.
It appeared that the seven judges on the bench tried to be smart in
saying in round-about way what they should have said in forthright manner.
They announced, and promulgated the minor sentence right in the court
409

room but only dropped hints, though very clear, about the real punishment
that Gilani would be ultimately awarded. They have unsuccessfully tried to
outsmart the cunning squad of the Scoundrel and the Saint.
They are not afraid of Judiciary, Army and political opponents as long
as they have the support of the American masters. Washington wasted no
time in conveying that despite the conviction of Gilani by the Apex Court in
contempt of court case the United States recognized him as Prime Minister
of Pakistan and would continue contacts with him accordingly.
28th April, 2012

WAR WITHIN-VII
The Saint said the world wondered as to what kind of verdict was
passed by the Supreme Court of Pakistan on 26 th April. He and his party
leaders believed that the court had punished him for defending the
Constitution; whereas the court itself had violated certain provisions of the
Constitution. Therefore, he refused to step down as he considered himself

410

legally and morally more correct than those who criticized and condemned
him.
Notwithstanding the basis of the pretext concocted to defy the court
verdict, the Saint was absolutely correct in using the word wondered.
Whether someone outside Pakistan wondered or not, in Pakistan majority
of the people wondered over the sentence that lasted thirty-two seconds,
despite the justification of mitigation mentioned in the short order. Jiyalas
wondered because the punishment fell short of earning the status of martyr.
Everyone had something to wonder, even the Chief Justice wondered as
he did not have the requisite number of judges to constitute a bench to hear
an appeal.
Nawaz Sharif, the leader of major opposition party wondered over
how to act to counter regimes defiance of the Supreme Court endeavouring
to establish rule of law. He was visibly indecisive but media and some
hawks in his party coaxed him to confront the defiant Prime Minister.
Nawaz announced the protest programme of his party and Imran too adopted
similar stance but both remained distant apart from joining hands against
common political adversary.

NEWS
Power politics: On 30th April, Chief Justice admonished authorities
of the four provinces over undue delay in holding of local bodies (LB)
elections. He said that after 18th amendment, the local bodies have
completely come within the domain of provinces but despite lapse of a long
period LB polls have not been conducted. The governments cannot violate
the constitution for even single minute but local bodies elections are not
being held for a long period if you have already decided to violate the
constitution, which is being done by you, the court will not play the role of a
silent spectator, he remarked.
After hearing the stance of advocate generals of the four provinces,
the bench observed that governments of all provinces have principally
committed to fulfill their constitutional obligation and they have pledged to
hold local bodies elections as soon as possible. However, they have apprised
the bench of some problems in conducting the polls thus a thorough
consultation would be made before next date of hearing, he added. Issuing
notice to Chief Election Commissioner, the bench said that the court be
apprised about the voters lists on next date of hearing.
411

Next day, Prime Minister Gilani announced increasing minimum


wages of labours from Rs7,000 to Rs8,000 and promised resolving all the
problems faced by the workers. But Punjab Chief Minister went a step
further and announced an Rs2,000 pay raise. Shahbaz said the federal
government did not provide welfare funds to the province under 18 th
Amendment and had usurped the right of the provinces, but the rulers would
be held accountable for the deed.
Earlier, Nawaz Sharif inaugurated the labour colony. He said the antilabour federal government did not provide electricity to the colony only for
the reason that the PML-N government had launched the project for the
working class. He warned to raise the issue jointly with the labourers against
the Pepco and Lesco, if electricity supply was not ensured within few days.
Closing the chapter of former federal law minister Dr Babar Awan in
PPP, the party leadership stripped him off all posts. After failing to remove,
what he termed, the misunderstanding between him and the party high-ups,
Dr Babar Awan has returned the bulletproof vehicle given to him by the
party Co-Chairman while his brother Farooq Awan whose portfolio as
adviser to Prime Minister on Law and Justice was changed as adviser to PM
on Postal Services was also forced out from this position as well.

Rule of law: On 29th April, the NAB said that the Transparency
International has misquoted its Chairman when it said that NAB would
deduct 25 per cent from the recovery of the RPPs. the chairman has not
given any such statement to any of the news organizations regarding
deduction of 25 % share on recovery of looted money from RPPs. However,
under the rules NAB can claim its share as a reward on recovery of looted
money from plunderers.
Next day, a two-member bench of the Supreme Court heard a petition
of Syed Jahangir, president Trade Union Foundation of the bank, for
recovery of looted money. Hashmat Habib, counsel for the petitioner, argued
that the FIA after the completion of inquiry and prima facie establishment of
allegation of misappropriation of over Rs2 billion is legally bound to register
cases and conduct investigation and effect recovery of looted amount of
bank staff. Hashmat contended that the culprits are not only linked with the
top slot of the country but are very influential therefore they got the
registration of cases pending in spite of the permission granted by DG FIA.
Akram Sheikh, who represented the beneficiaries, contended that FIA
has already been investigating the case on the order of the apex court
therefore the bench should wait for its findings. The court after hearing the
412

arguments of both the parties ordered the FIA to register the cases against
the senior executive members of the bank and submit report within two
weeks. The case was adjourned for two weeks.
The NAB submitted its second progress report to the Supreme Court
in the RPPs case,. Following the SC directives, the NAB has stepped up its
probe in the case. Pepco MD Ch Muhammad Anwar Khalid and Young Gin
Rental Power Company CEO participated in the proceedings. During the last
two working days, around 10 accused participated in the
proceedings. Information and Technology Minister Raja Pervez Ashraf,
Pepco, Genco, Wapda, PPIB officials and others were also investigated.

Defiance of judiciary: On 28th April, Law Minister Farooq H


Naek alleged the letter written by Assistant Registrar Nasir Iqbal to the
National Assembly Speaker, the Secretary Cabinet Division and the Chief
Election Commissioner was misuse of his power and the Supreme Court
must hold an inquiry into it. The Supreme Court officials letter called for
further necessary action, he added.
He said it was the prerogative of the Speaker of National Assembly
and the Senate Chairman to send references to the Election Commission
regarding disqualification of parliamentarians. Addressing a news
conference along with Information Minister the Law Minister said the apex
court had neither disqualified the Prime Minister nor given any directions to
the Speaker or the Election Commission in this regard.
Naek said if the Supreme Court ordered the disqualification of the
prime minister, the government would comply. He said the prime minister
could not be disqualified under Article 63(1)(g). The assistant registrar was
dictating terms for compliance and arrogating powers which he does not
have, Naek said. He asked the Supreme Court to conduct an inquiry against
the assistant registrar for ridiculing Parliament and to take action against
him.
A motion for breach of privilege will be moved in the National
Assembly against this official, he said. Besides, Naek pointed out, the
Premier had 30 days to appeal his conviction. What is the rush? The Prime
Minister has not exhausted all the avenues that are available to him. He said
an appeal in the contempt case would be filed once the Supreme Court
released its detailed verdict. The trial ends only when the appeal is
decided, he said.

413

Naek came down hard on Nawaz Sharif and said his statement against
Prime Minister was tantamount to influencing the court as it has yet to give
detailed judgment in the case. He further charged that Nawaz was also trying
to divert the attention of the public as well as the court from Mehran Bank
scandal and hoped the court would not take any influence from the statement
of Nawaz Sharif.
Gilani met lawyers delegation at the Governors House Lahore. He
criticized Nawaz Sharif and said the success of the PPP government had
made the two-time prime minister frustrated. He claimed the Supreme Court
verdict has pushed up the PPPs popularity graph.
He said Sharif was in political arena only because of an amendment
passed by the PPP-led coalition under which the ban on third term
premiership had been waived of. Had this not been done, Sharif would have
become totally irrelevant in national politics. Talking about the NRO, Gilani
was of the opinion that the first NRO was the one under which Sharif was
exiled to Saudi Arabia.
PML-N decided that the Leader of Opposition in the National
Assembly would not engage himself in any sort of consultation with Prime
Minister Gilani, since the latter was a convicted person and no more a
legitimate chief executive of the country. The party leadership held a
detailed discussion in Lahore wherein it was also decided that the Punjab
Government would no more accord protocol of Chief Executive to Gilani
and would also move all appropriate forums to stop him from functioning as
the Chief Executive of the country.
the party would also consider bringing a reference against Gilani in
the National Assembly in the light of the Supreme Court of Pakistan verdict;
the date and time of submitting the reference to the Speaker National
Assembly would be decided in the meeting of the party at the Punjab House,
Islamabad on April 30.
Nisar Ali Khan took into confidence both Nawaz Sharif and Shahbaz
Sharif about his telephonic contacts with heads of various political parties
including JUI-F chief, PPP-S chief, PML-Likeminded chief and some other
nationalist leaders who do not have representation in the Parliament. Nisar
will be meeting Maulana Fazlur Rehman ahead of the party meeting as the
PML-N wanted to evolve a consensus on the oppositions strategy in the
National Assembly when it would resume its session Monday evening.
Rehman Malik flung insult at the Sharif brothers as retaliation against
PML-N reaction after the Supreme Court convicted Prime Minister Gilani.
414

Nawaz Sharif and Shahbaz Sharif were involved in $32 million money
laundering. They were also defaulters of Rs6 billion, he told reporters at a
press conference at the Interior Ministry.
Brandishing documents, the minister claimed that all corruption cases
against the Sharifs would be made public in the days to come. He also
presented some cheques before the media, which he claimed were given to
different politicians in the Mehran Bank scam. He claimed he had proof of
corruption by the Sharifs and he would make some of them public in the
coming days.
Malik alleged that the money was secretly deposited to a bank account
of a man, Qazi Masood, and later it was transferred abroad while two
currency dealers of Peshawar were also engaged. He said the money was
also sent to Saudi Arabia through the bank accounts of a Saudi national,
Musa Ghani, and then transferred to other foreign accounts. He said the
Sharif brothers had 10 Swiss bank accounts and later the money from these
banks was transferred to UK.
International Council of Jurists bestowed the prestigious and worldrenowned International Jurists Award 2012 upon Chief Justice Iftikhar
Muhammad Chaudhry for his lordships unique and tremendous contribution
in the field of administration of justice. The award ceremony has been
scheduled for 28th May 2012 at London which will be presented by Rt Hon
Lord Phillips, President of Supreme Court of the United Kingdom in the
presence of chief justices, law ministers, members of Parliament, bar
leaders, law teachers and journalists from different countries specially
invited for the prestigious occasion.
Next day, Registrar Supreme Court Dr Faqir Hussain taking note of
Federal Ministers press conference held on Saturday clarified that all Court
orders, without any exception, are forwarded to the concerned
authorities/departments for implementation and compliance. Accordingly,
two orders dated 26.4.2012 passed in the Criminal Original Petition No.
6/2012 in Suo Moto Case No. 4/2010 (Contempt proceedings against Syed
Yousuf Raza Gilani, Prime Minister of Pakistan, regarding nonimplementation of NRO judgment dated 16.12.2009 reported as Dr.
Mobashir Hassan v. Federation of Pakistan (PLD 2010 SC 265)) were duly
communicated
to
the
concerned
authorities/departments
for
action/compliance. Therefore, the letters written by Assistant Registrar
(Implementation), Supreme Court addressed to the Speaker National
Assembly and ECP are in line with the Supreme Court Rules, he said.
415

Gilani said that no Prime Minister from the PPP would write the letter
to Swiss authorities to reopen corruption cases against President Zardari.
Speaking to lawyers at his Lahore residence, Gilani said that only Parliament
could decide if he would continue to remain the prime minister. Gilani
reiterated that he would not resign due to any political pressure or to fulfill
anyones wishes.
Terming Yousuf Gilani a stranger, PML-N leader Chaudhry Nisar
Ali has said his party will make it a point that no stranger could be allowed
to sit in the Parliament. PML-N will use all the options to get the apex court
verdict against Yousuf Raza Gilani implemented, he told a press
conference. He warned Malik by saying that he was crossing his limits by
leveling false allegations against the PML-N leadership.
Nisar said his party would talk to all political forces including the
Pakistan Tehrik-e-Insaf of Imran Khan which he said supported the PML-N
plan to launch countrywide protest movement against the rulers to get the
apex court orders implemented. Nisar said the coalition partners of the PPP
were equally to be blamed for non-implementation of the court order.
Taking serious view of the reported remarks of Federal Law Minister
Farooq H Naek on the notices issued by Supreme Court to the national
assembly speaker as well ECP; Nisar sought an independent role for the
assembly in this connection. He lamented that both prime minister and
president of the country stand convicted. Sneering at PPP leaderships false
perception of their popularity among public, Nisar said his party was ready
to take their challenge in general elections if they are ready for a real test.
Rehman Malik continued unleashing tirade of criticism against Sharif
brothers and challenged them to file a defamation suit against him if they
had the courage. The minister said he would present the evidence before the
Supreme Court within a week. If the PML-N threatens me, I will respond
with 10 threats. He asked Sharifs to refrain from issuing threats and leveling
allegations, otherwise he would bring such evidence against them which
would disqualify them.
The minister was of the view that PPP was a major and mainstream
party and would not come under pressure by calls of long march or other
threats. The PPPs Jiyalas from throughout the country are seeking
permission for a march towards Raiwind, Malik said, adding, if the PML-N
tried to hold a long march, the PPP Jiyalas were not wearing bangles. He
claimed that London High Court had declared Shahbaz Sharif a defaulter.

416

He said Sharif brothers held meetings with officials of secret agencies


during their exile period. About PPPs relations with Imran Khans Tehrik-eInsaf, Malik said, We have no conflict with PTI. He asked Pervez Rashid to
wait and see the outcome of the reference sent to the NAB. It said the
minister would definitely approach the Supreme Court with new evidence.
Sharif Family released the documents pertaining to the repayment of
the loan of 48 million rupees to Mehran Bank. According to the spokesman
of Sharif family, a sum of 102.1 million rupees including mark up was
repaid to Mehran Bank against the loan taken for Chaudhry Sugar Mills.
On 30th April, Nawaz Sharif warned Prime Minister Gilani to step
down: Bow down before the Supreme Court and accept its verdict; Resign
from the prime ministers office, or get ready to face a massive protest
movement. He said their movement would continue till Gilani was ousted
from his office.
Speaking to media persons after joint meeting of partys Central
Working Committee and the Central Parliamentary Party, Nawaz invited
opposition parties to join his anti-government movement in the interest of
the nation. I will invite PTI of Imran Khan, JUI-F of Fazlur Rehman,
Jamat-e-Islami, national parties in Sindh and Balochistan, and Naheed Khan
and other real successors of Benazir Bhutto to join the movement for
betterment of the country, he said.
Nawaz said if people did not come out at this stage, history will
remember us as traitors. He also requested lawyers, civil society, NGOs and
students to join their movement. Nawaz said the government by its bad
governance and looting of national wealth has become a threat for the future
of the country. Even a peon would be removed from his post if convicted for
any crime but the prime minister was enjoying premiership even after being
convicted by the apex court, he added.
Prime Minister Gilani reiterated his resolve not to accept the Supreme
Court verdict in contempt case saying under no law the court could
disqualify a public representative. Speaking to the media, he wondered why
the Sharif brothers wanted his ouster as the detailed judgment was still
awaited and he had right to appeal which he would definitely exercise and
advised opposition to show some patience. Dispelling the impression of any
constitutional crisis in the country Gilani said he had committed no crime by
not writing letter to Swiss authorities.
Gilani said he had been facing double courts the apex court and the
Sharifs court. There is no constitutional problem. Only the Sharifs court
417

is doing its own interpretations. Nawaz must tell me which court order
should I obey? Imrans point of view turned out to be better than Sharif
brothers in the aftermath of the SC short order, said Gilani. They were
scared that someone else could launch a long march before them. They did
not even wait for the detailed decision. Forget about long march, they
(Sharifs) cannot even hold a short march, said Gilani.
He said he failed to comprehend why the court was in a hurry to
decide his case. He said some people were asking for his resignation on
moral grounds. I ask them, was I convicted for committing any act of moral
turpitude? I was convicted because I upheld the Constitution, the PM
insisted. He said, I ask today, under which court order Sharif undertook the
long journey from Adiala Jail to Jeddah.
Gilani alleged in the Senate that PML-N wants to derail democracy.
Continuing his diatribe against the main opposition party and its leadership
Gilani said the PML-N was in a rush to pack up the PPP-led government so
its leader Nawaz Sharif could soon become Ameerul Momineen. The
opposition party staged a protest walkout raising objections over the Gilanis
presence in the house, saying he was no more a parliament member after his
conviction.
I will not be de-notified, I will remain member of the national
assembly, he said, adding if he is de-notified, he would immediately return
to his hometown Multan. He also clarified he was not an NRO beneficiary.
Then why I am being targeted, he posed a question. The answer he said is
that he has protected the constitution.
The premier said those who call him a convict must remember that
Nawaz Sharif also remained convicted for nine years. Gilani said that the
third time bar for becoming the prime minister was removed through 18 th
amendment just to favour Nawaz as his leader Benazir Bhutto was no more
in this world at that time.
The National Assembly witnessed worst pandemonium from
beginning to end during over 30 minutes proceedings of the House, as the
PML-N with its continuous sloganeering against PPP-led government
compelled the chair to quickly dispose of the agenda items and adjourned
the House. With the start of over one-hour late session, PML-N members
wearing black ribbons on their arms started raising anti-government slogans.
It was Sohail Zia from PML-N who first rose from his seat, when
Minister for Petroleum and Natural Resources Dr. Asim was giving reply on
a supplementary question, and termed him a stranger in the House. Who is
418

he (Dr Asim)?, Is he any terrorist?, How this stranger entered in the House?,
he raised back-to-back questions, making a momentum for other PML-N
members to perform aggressively in their protest. The member of
government benches who was initially not expecting uproar kept giving the
answer but later the noisy atmosphere made him to sit on his seat.
PML-N members holding placards inscribed with Go Gilani go, Do
respect the judiciary and Stop load shedding, kept raising full throat antigovernment slogans including Gilani Raj Namanzoor, We want freedom,
Shame on government, etc. The messy situation turned further chaotic
when PML-N legislator Abid Sher Ali holding the copy of question-hour
went near the seat of chair shouting they would not allow government to run
the House in such a way.
Taking the floor, a member from ANP also tried to defend the
coalition partner by saying that complete order of Supreme Court has yet to
come but the loud sloganeering made him to sit on his seat. Except this short
speech of ANP member, the coalition partners include MQM, PML-Q were
the silent spectators in all the proceedings of the House. Both Prime Minister
and Leader of the Opposition did not turn up in the House, as mostly they
joined the proceedings of the House after the question-hour.
Chief of Army Staff said Pakistans stability hinges on continuity of
democratic system. Speaking on the occasion of Martyrs Day he said the
roles to be performed by organs of state are clearly mentioned in the
constitution. The militarys top man spoke high about Pakistans ideology
saying, We as nation can only succeed if we have full faith and believe in
Pakistans ideology. Creating suspicions in this belief is tantamount to
weakening Pakistan.
Next day, Chief Justice said three judges had refused to hear the
appeal in the contempt case involving the prime minister due to certain
reasons. He said a nine-member bench would be formed if the prime
minister decided to file an appeal against the Supreme Courts judgment,
adding that an additional judge and two ad-hoc judges would be included in
the bench. Chief Justice said article 181 and 182 of the constitution
contained provisions to meet this situation. He said the solution of all
problems of country was given in the constitution thus it should be adopted
with true spirit.
The meeting of Judicial Commission of Pakistan (JCP) has been
scheduled for May 7 to consider appointment of one acting and two ad hoc
judges in the Supreme Court. In the wake of expected appeal to be filed by
419

Prime Minister against his conviction in the contempt of court case and
shortage of judges in the Supreme Court to hear the plea, the JCP will
consider three names for the judges appointment.
The judges whose names could be considered in the JCP meeting for
appointment include Justice (r) Ghulam Rabbani, Justice (r) Shahid Akhtar
Siddiqui, who have retired last year, and Justice Umer Atta Bandial, a judge
of the high court. The Articles 181 and 182 of the Constitution talk about the
appointment of acting and ad-hoc judges respectively. Khawaja Haris, a
constitutional expert and former advocate general of Punjab, says after the
18th Amendment the procedure for the appointment of the ad-hoc and acting
judges is also given in the Article 175A.
Prime Minister said no province could launch a long march against
the federal government because it was unconstitutional and unjustified and it
would amount to be treason. He was speaking in a TV programme Prime
Minister Online. Replying to a question regarding the long march
announced by the Punjab government, the prime minister said such an act
could be considered treason as it would be a step of the provincial
government against the federal government.
Turning down Pakistan Muslim League-Nawazs offer to join its
movement against Prime Minister, Imran Khan announced his party will
hold a march on May 6 to express solidarity with the judiciary. Announcing
its movement against Gilani, PML-N had said it would reach all opposition
parties, including PTI.
On 2nd May, the PML-N worked out a plan to hold protest rallies to
press the demand of ousting Gilani from the office of the prime minister.
Nawaz Sharif will address the first of the series of public meetings in Taxila
on May 5. Protest demonstrations will also be held in Gujranwala on May 7,
Bahawalpur and Sargodha on May 8, Multan and Rawalpindi on May 10,
Sialkot on May 11 and in Gujrat on May 12.
In order to intensify resistance against the government and to fuel the
protest movement, the PML-N has formed various committees to mobilize
people at the grass root level. The PML-N has already started making
informal contacts with the opposition parties, while Nawaz Sharif will soon
convene a meeting to take them into the confidence.
The PML-N on the second consecutive day continued protest in the
National Assembly during the entire proceeding of house; whereas the chair,
amidst heavy sloganeering of Go Gilani Go, succeeded to dispose of heavy
legislative business. Assembling around the seat of Gilani, the PML-N
420

legislators shouted full throat slogans including Convicted PM not


Acceptable, Corrupt government not acceptable, Gilani Raj Namanzor,
We want freedom and Ali baba 40 Chorr.
Other opposition members (JUI-F) were clearly seen distancing
themselves from the protest as they even fully participate in the legislative
business. In a messy situation that turned further chaotic when once again
repeating the same scene of last day proceeding, PML-N legislator Abid
Sher Ali holding the copy of question-hour went near the rostrum and threw
torn copies of agenda in air.
Their aggressive protest finally forced the speaker Fehmida Mirza to
say what a shame. Respect the sanctity of the parliament...stop this
hooting its against the norms, said speaker trying to control the noisy
situation but it proved fruitless. The members of the main opposition party
stayed near the seat of Prime Minister till the adjourning of the House,
whereas PM did not turn up in the House.
Dispelling the impression of Constitutional crisis in the country,
Gilani said that if the State institutions would function within their defined
ambit then there would be no ambiguity or confusion. To a question about
the agitation plan of PML-N, he said without naming Sharif brothers that
they were in some sort of hurry and the way they had suffered a set back in
Memo case they would face another right now.
The legal community turned their cannons towards Prime Minister to
press him to obey the orders of Supreme Court of Pakistan in a contempt
case. While denouncing Zardari-Gilani duo campaign against the
independent judiciary, the representatives of bars of Islamabad and
Rawalpindi division gave a 15-day deadline to convicted PM Gilani to step
down from his office or be ready to face another lawyers movement for
the rule of law in the country.
Despite being grateful to PML-N chief Nawaz Sharif for his
compliments, and also having similar views on the issue of PM Gilanis
conviction, the estranged PPP leader, Naheed Khan, is not ready to join
hands with the PML-N leader in his effort to oust the convicted premier. If
Nawaz Sharif invites me to discuss national issues, all friends in my group
will sit together and take some decision about extending cooperation to the
PML-N, she said.

Baloch militancy: On 28th April, a member of peace force was shot


dead in Dera Bugti area. Jamhoori Watan Party leader Shahzain Bugti along

421

with his 26 guards surrendered to police after the court issued non-bailable
arrest warrant over illegal arms possession. He surrendered after
Balochistan Home Minister Zafarullah Zehri and DIG (Operations) Qazi
Abdul Wahid visited him and showed him the warrant. Talking to the media,
Shahzain said he was not scared of arrest, but he had been implicated in a
fabricated case.
Next day, a main pipeline, supplying gas to Sui purification plant was
blown up in Dera Bugti district while a railway track was damaged in
Nushki on. On 30th April, Supreme Court directed the Deputy Commissioner
and Tehsildar Baghabna to produce nine missing persons by May 2 who
were whisked away from Tutak area of Khuzdar district in February 2011.
Sajid Tareen Advocate lodged an application in the Supreme Court stating
that earlier three people, including the sons of local tribal elder Sardar
Ahmed Ali Qalandarni, were whisked away from Tutak area. A few days
later, he said, over 24 people were taken away from the same area. Nine
people are still missing while others were freed after remaining in captivity,
he added.
On 1st May, five people including a young boy were killed while 15
others five among them personnel of Frontier Corps and a police constable
sustained injuries in a remote-controlled bomb blast which occurred at
Sariab Road of Quetta. FC convoy escorting officers and their families to
Quetta from Sibi was the target of attackers who planted explosives in a car
parked at the roadside.
Baloch Republican Party leader Abdul Wadood Raisani, who went
missing two years ago, was found in Nuhski. His sister confirmed that he
was recovered he would soon be shifted to Quetta. Meanwhile, three people
were killed in the province during separate incidents of firing. Two bodies of
missing people were found dumped in Uthal area of Lasbela district.
On 2nd May, unidentified gunmen killed a person and wounded two
others in Quetta; the victims belonged to the same family. A bullet-riddled
body of a man was recovered in Mastung, who had gone missing few days
ago. A convoy of security forces escaped a bomb attack on National
Highway near Kalat.
Chief Justice said the issue of missing persons was a major problem in
Balochistan but federal government was not cooperating in this connection
while the provincial government was helpless. The court had resumed
hearing on deteriorating law and order situation in Balochistan in Quetta.

422

The court took serious notice on the finding of two bullet-riddled


bodies of missing persons whose relatives appeared before the court a day
earlier. The relatives of missing persons informed the court that two families
who recorded their statement before the court received mutilated bodies of
their loved ones the very next day they recorded their statements. The bodies
were found dumped near Uthal. The chief justice said chief minister and
secretary home should appear before the court on May 3 and give surety that
they will protect the life and property of the people as required under article
9 of the constitution.
Earlier, during the proceedings, Deputy Attorney General presented
the report regarding missing persons and said no development had been
made in this connection. Balochistan Chief Secretary apprised the court that
FC, MI and ISI had said that they would cooperate for the recovery of
missing persons, adding that we handed over to them list of missing persons
but they did not give any response.
Justice Chaudhry remarked everyday a new story surfaces. In todays
newspaper, recovery of two bodies in Costal Highway had been published,
he said. Just one missing person has been recovered after directive for
recovery of certain missing persons. Nobody is worried at what is
happening. Justice Tariq Pervez remarked the court was not helpless nor it
would let it to be so. If federal agencies do not obey the federal government
and provincial agencies the provincial government then this system has
failed, he remarked.

Turf war in Karachi: On 28th April, 11 people including SHO


Civil Lines were killed and 21 others injured as violence continued in Lyari
while security forces were given shoot-on-sight orders to maintain peace in
the area. Lyari gangsters showed stiff resistance to security forces using
rifles, rockets launchers and hand grenades. Exchange of fire continued
throughout the day.
SHO and a constable killed when he attempted to get inside the
Afshani Gali area where gangsters attacked the APC with rockets and
grenades. Gangsters later torched the police APC and warned law enforcers
against advance movements to avoid the same fate. Following the incident,
police and personnel of FC intensified the operation and killed Mullah
Sohail Baloch, brother of notorious gangster Mullah Nisar. Reportedly, rival
gangs headed by Arshad alias Papu and Ghaffar Zikri had been supporting
police in fight against Baba Ladla gang with 650 armed fighters. Police
claimed to have control of the 60 per cent Lyari area.
423

Next day, four people including a police officer of CID lost their lives
when gangsters attacked a police post at Cheel Chowk in the ongoing Lyari
operation. Police claimed to have regained control of 95 per cent of Lyari,
however, residents of the area rejected the claim and said police were unable
to advance so far due to heavy resistance.
Sources said Mullah Nisar and Tajdar alias Taju were fighting police
while rest of the gangsters including Noor Muhammad alias Baba Ladla,
Jabber alias Jangu, Umar Katchi and others were still on standby to take on
police in their dominated areas. Police officers of different units have also
been called to participate in the fight against gangsters.
Intermittent firing continued in Kalakot area where gangsters fired
five rockets and attacked security forces post with grenades. Eight people
including two cameramen of private TV channels and six police personnel
sustained injuries in exchange of fire between forces and outlaws.
Meanwhile, residents of Lyari rallied against police operation and
demanded of the government to stop operation forthwith and restore water,
electric and food supplies. Protesters also torched PPP flags. Earlier, police
had claimed to kill two gangsters including Mullah Sohail and Naeem
Lahooti but both are still alive.
With the Rangers refusing to take part in the operation, the
helplessness of the police force and Frontier Constabulary has put a question
mark over the governments willingness to ensure its writ in the restive
town. On the condition of anonymity, a Baloch journalist, who is a resident
of Lyari, said the criminals had taken several civilians hostage, but the
government was indifferent towards this problem. He added that the
vulnerability of the forces in the operation was really a point of concern.
Separately, three people, including a JSQM activist, were killed in the
metropolis. A young man was shot dead in Shireen Jinnah Colony within the
remits of the Boat Basin Police Station. All shops were closed down over
security concerns. No case was registered till the filing of this report.
On 30th April, reaction of police crackdown against gangsters in Lyari
was witnessed in different parts of the City where at least six more people
were killed while more than 35 others were wounded in clashes. The death
toll in the ongoing operation reached 26. Police could not get inside Lyari to
arrest the gangsters because of resistance and they were now planning to
include helicopters in the drive against gangsters.

424

IG Sindh Mushtaq Shah addressing a Press conference claimed to


have killed 5 to 7 gangsters during the action while huge cache of weapons
including rocket launcher, grenades, Kalashnikovs and other sort of
sophisticated weapons were recovered. IGP, however, declined to give a
time frame of action. Questions were being asked as to how could the known
and identified armed gangsters put up such a resistance to an overwhelming
police force unless they have some support.
Strong protests were witnessed in various areas of the metropolis
against the crack down. According to reports gathered from various quarters,
an organized move is being made to protect the Lyari gangsters. The
different political groups along with Lyari criminals have joined hands
against the dominating political force in the metropolis and preparing for
deadliest bloodshed on ethnic grounds.
These criminal elements were also set to set up City Alliance which
they were on the verge of making public a new alliance which would have
brought forces hostile to the established political parties. But before they
could announce the formation of new alliance PPP suddenly realized that if
such an alliance was created, it could be disastrous not only for itself but for
the peace of the City and this forced the government to counter the move
and take on armed gangsters by initiating police action. However, the police
action could not achieve its target quickly and it seems that it has bogged
down with gangsters still controlling the area where they were safely
entrenched.
Activists of the TTP and the Baloch Liberation Front (BLF) are
assisting the Lyari gangsters during the police crackdown, according to
senior police officials. Inspector General alleged the criminals had the
support of members of the Baloch Liberation Army adding that three BLA
men were killed during a police encounter. He said during the operation, 20
wanted gangsters were apprehended and a huge cache of arms, including
LMGs and G-3 rifles, were recovered.
SSP Khan said that in the early days of the crackdown, they had also
arrested some wanted gangsters who disclosed to the police that activists of
the banned TTP were assisting them against the police and they had also
provided them with sophisticated arms. They also revealed that more
members of the TTP were later called in to stage a heavy attack on the
police.
Next day, a cop and an ex-footballer were killed in the continuing
violence in Karachis Lyari area. The gun-battle between the gangsters and
425

police entered the fifth consecutive day where gangsters, who are poised to
take position at high-rise buildings, have established a hospital and started
ambulance service for final showdown. At present, the personnel of zone
south, CID and Rapid force were engaged in Lyari operation but more force
can be called in, if necessary.
Sindh Home Ministry announced head money for wanted criminals
including Aziz Jan Baluch and Baba Ladla. The Ministry announced Rs3
million head bounty for Baba Ladla, Rs2 million for Aziz Jan and Rs2.5
million for Zaman Mehsud of Tehreek-e-Taliban Pakistan. He said, the
Ministry also announced Rs2 million head bounty for Khair Muhammad
Mehsud, Rs1.5 million for Rashid Rekha and Rs1 million head money for
Ibrahim Kachhi.
The CID team headed by SP Chaudhry Aslam claimed to have seized
dens, which was owned by Taj Muhammad Taju. They said the team during
search had recovered BLAs anti-State literatures from the den. The sources
said SP Aslam during high-level meeting at CPO office disclosed the said
information. Moreover, they said that SP Aslam has strongly urged the
authorities to initiate strict monitoring at Hub-Sakran border to get control of
the gangsters.
On 2nd May, at least seven more people were killed and 40 others
wounded in gun-battles which continued between the Lyari gangsters and
police, which has so far claimed over 36 lives in last six days. There are
covert hands supporting the gangsters by various means while providing
them logistic support and equipment and taking out people from different
areas to politicize the matter.
Police made a new strategy and tried to get inside Lyari from Shah
Baig Lane dominated area of gangsters commander Jabbar alias Jangu
where police vehicles were stuck in barriers erected by the gangsters at all
entry points. Gangsters showered bullets on police mobiles and APCs as a
result many police personnel were wounded.
Gangsters in Lyari also attacked police stations and house of PPP
MPA Rafiq Engineer located at Shidi Lane and also torched a police mobile
in Pak Colony area. There were numerous incidents of rocket and grenade
attacks in Lyari as gangsters used rockets and threw grenades in different
areas including Lee Market, Kharadar, Chakiwara, Nawa Lane, Behtai Lane
and other areas of Lyari.
In this miserable and scary scenario the Governor, the Chief Minister
and Home Minister all are on the foreign visit as Karachi continued to bleed
426

and national economy suffering immeasurable losses. As the boss is away


the ministers in the Sindh cabinet are running in different directions and
holding press conferences wherever they like. Hardly had the nation and the
province of Sindh absorbed the shock of Lyari operation, they came to know
about acts of sabotage in interior of Sindh.
A security guard was killed and at least six people including a
policeman were injured in series of blasts across Sindh targeting rail track
and banks. As many as 16 blasts rattled the province right from Karachi to
Ghotki, destroyed railway tracks, and disrupted the rail traffic. The bombs
had also targeted branches of National Bank in Hyderabad, Nawabshah,
Sukkur, Dadu, Larkana, Kotri, and Badin. Sindhu Desh Liberation Army
(SDLA) has claimed responsibility for the attacks. Police also found
pamphlets belonging to the organization near the banks targeted in
Hyderabad.

VIEWS
Power politics
From lows to highs, Imran Khan: Indeed, the sudden rise of Difaae-Pakistan Council, which is alleged to be army-backed, suggests that either
Imran Khan has lost some friends or the establishment for some reason
wants to neutralize his growing strength. The sudden rise from deep lows to
highs gave birth to insatiable curiosity in his opponents. Imran Khans
cordial relations with the military establishment have begun to do rounds.
He is being accused of either the representative of Taliban the extremist
force, or the Jews, since he was married to a Jewish woman. Although he has
always been heard discarding US agendas and policies through print and
electronic media and no evidence to the contrary reached to our notice as
yet, he is chastised many times by his haters. If we sneak into the
infrastructure of Mr Khans political party, the most disappointing are the
names associated with the PTI, generally giving a concept contrary to its
claim of bringing in new people to overthrow corrupt leaders from the
mainstream. How could the leaders already part of the corruption league will
not indulge in corruption as a member of PTI? Several confusions,
contradictions and mysteries remain unanswered relating to Mr Khans
claims.
Nevertheless, the heroic nature, position and stance of his own
transparent and honest personality keep winning him raves. Majority of the
427

crowds amongst the bulk of community decides to stay by his side. Hoping
that the slogan claiming to bring change lives up to the hype and bring
fruitful results for its believers. Fairly speaking, Imran Khan needs to learn a
lot to become a true leader with wit and vision and endless courage to fight
against all odds and bring to fruition the rights of its people. (Hassan Naqvi,
TheNation 2nd May)

Defiance of judiciary
PPP-PML-N tussle: As the post-court-verdict scenario unfolds, the
general public gets ever more confused and perturbed, on the one hand, at
the Prime Minister and PPPs unabashed flouting of the judiciary and, on the
other, at the PML-Ns rhetoric that it will not rest till Mr Gilani is forced out
of office. The PPP has crossed all bounds in defying the Supreme Courts
judgments, a totally new phenomenon in the history of Pakistan and of even
any other democratic nation. This attitude puts into question the sacred tenet
of governance in letter and in spirit of the Constitution and the supremacy of
the rule of law, and throws the public mind into agonizing turmoil, for
failing to see the course the country is set to take from now onwards. The
PML-Ns vociferous opposition to the ruling coteries desperate attempt to
hold on to power would have given a ray of hope to the people who are sick
and tired of the governments performance, had it not been for its repeated
retreats from a similarly defiant attitude to a posture of friendly opposition.
The ruling alliance has, beyond any doubt, lost its constitutional as
well as moral legitimacy to stay in power. But in the Pakistan of today it is
idle to expect that it would pack up and go on its own or be pushed out by
mere critical slogans. The time for sloganeering has gone by. The opposition
parties, whether the PML-N, the PTI, the JI or any other, acting singly, do
not have any chance of unseating the convicted Prime Minster. They have to
act in unison with a firm resolve and not separately with an indecisive
attitude. That calls for their joining heads together to work out a common
strategy about how to pressurize the government to accept their demand,
while staying within democratic means of protesting.
PML-N President Mian Nawaz Sharif seems to be having a change of
mind about his views about the PML-Q, the party he has for long refused to
accept back in the PML-Ns fold. Reportedly, he has expressed the
willingness to accept a Prime Minister belonging to it. It would serve Mian
Sahibs cause better if he were to reconsider his attitude of shunning the
return of the PML-Q to its mother party. In the meantime, in this unseemly
game of politicking, the US has adopted a policy that is clearly at odds with
428

being the so called leader of the democratic world. Treating the situation
internal to Pakistan, it continues to recognize Mr Gilani as Prime Minister.
One shudders to think that the governments wish to operate outside
law and Constitution might persuade the army, which has so far thankfully
avoided jumping in the fray, to have second thoughts. It is time for the rulers
to listen to saner counsels or else for the opposition to make a decisive
move. (Editorial, TheNation 29th April)
The thorn in PPPs side: The Zardari-led PPP government had made
up its mind from day one to undermine the independent judiciary and the
legal community that led the rule-of-law movement. After all, the survival of
its above-the-law politics and unconstitutional governance depended on it.
Babar Awan was unleashed with suitcases of cash that he blatantly
distributed among the bars. He and several other leaders were encouraged to
attack the judiciary in unacceptable language, holding contemptuous press
conferences and giving a political colour to its judgments. Even the
President and the Prime Minister used political gatherings and public forums
to attack the institution with the aim of making it controversial, chipping
away at its moral authority.
Now the Attorney General has declared the court order convicting the
Prime Minister as absolutely illegal and said that it was to be ignored. Others
have misled the nation with their talk about filing an appeal, as if just talking
about it is enough to suspend Gilani's conviction. The convicted Prime
Minister has announced that the Speaker of National Assembly will judge
whether to move the Election Commission of Pakistan for his
disqualification. This is the culmination of a well orchestrated long
campaign to make the judiciary ineffective. According to the PPP, its jiyalas,
blinded by serf-like loyalty to its dynastic leadership, have the authority to
interpret the Constitution and not the Supreme Court of Pakistan. The law is
what Asif Zardari says it is.
Clearly, this is tyranny disguised as democracy. To perpetuate its rule,
the now illegal executive lorded over by Zardari, is out to subvert the
constitutional order and create chaos. The convicted Prime Minister is
openly challenging the constitutional authority of the Supreme Court. In
defiance of various other Supreme Court orders, his government seems to
have vowed to protect corrupt practices. In fact, as if to pointedly insult the
judiciary, those found guilty by the court are honoured, and those identified
for investigation are made ministers. To put it simply, the government is
basically telling the court that it gives two hoots about its judgments and that
429

it will do as it pleases, regardless of the legal repercussions of its corrupt


actions. The government is basically thumbing its nose at the apex court.
In a way, Zardari, his party men and his allies have made up their
mind to bring the rule-of-law movement back to square one. These partners
in crime would like to bury the ideals that the mass movement fought for;
equality before law and accountability of those in power. Like Musharraf,
they would like the judiciary to be a bunch of yes-men eager to please those
in power, never daring to curb any wrongdoing on their part. They view the
Constitution as a piece of paper that should never be used to rein in the
abuse of authority by public representatives and their chosen officials,
regardless of how grave its consequences are for those they claim to
represent. They would like to send a depressing message to the public that
the people can change nothing and that they should resign themselves to
being ruled by governments that are a law unto themselves. It is not likely to
work though.
As described by the then respected and now disgraced Aitzaz Ahsan,
who seems to have swallowed his ideals, the rule-of-law movement was the
reflection of a leap in public consciousness. Those who struggled for the
restoration of an independent judiciary, the millions of men and women,
young and old, poor and rich, Pakistanis from every province and every
ethnicity, were not a random crowd. They were not protesting for the
restoration of some dynastic leader. They did not hope to get a job or a
Benazir Income Support stipend in return for their struggle. They had come
out for an ideal, a desire to be ruled by law and not by the whims of whoever
happens to be in power, a military dictator or a democratically-elected
tyrant. The public consciousness that underpinned the rule-of-law movement
was firmly rooted in democratic ideals of constitutional rule. Those who
struggled had refused to be treated as bonded serfs and were acutely aware
of their rights as free and equal citizens.
Those who dreamt of a new Pakistan are not dead and gone. The
Zardari-led PPP is aware of that and it thinks it has done its homework to
counter the public backlash that has been brewing for some time and is now
coming to boil. The big boss thinks that his loyal party of serfs will be able
to subvert the dream through its patronized jiyalas and the lawless spaces
created and facilitated by its Interior Minister. He thinks that his divisive
rhetoric and crocodile tears about victimized Sindhis and the Seraiki
province are enough to distract the people from real issues. He thinks that
the perpetual state of crisis cultivated by him, the inflation, load shedding
and violence in many parts of the country, will be enough to make the people
430

forget about any lofty dreams that they had. That is wishful thinking on his
part. No leap in public consciousness could be rolled back. In fact, those
dreaming of a new Pakistan are now more numerous. (Jalees Hazir,
TheNation 29th April)
The real victims: The real victims of the latest crisis du jour? Not
the judiciary, which came out fighting with a verdict that restored its
fledgling dignity not the government, which claims, not wrongly, it is
always selectively prosecuted, and certainly not the defiant Prime Minister,
who faces no real threat of removal if his statements are anything to go by.
His 30 seconds now over: Gilani still stands tall in his symbolic sherwani, an
unrepentant, but certainly not unsung, hero that has reputedly saved the
country from a court with an axe to grind. The judges stand (somewhat)
vindicated, with a judgment as hard as it is soft, having thrown the ball
upright in the air for all parties to play it as they will, even ponder over
whether it is a conviction at all. Whether the opposition play ball with the
sitting government, or scramble to ally with the courts and the establishment
to send the team packing will depend only on where the ball lands, and how
the fielders evaluate their chances of batting next. As for all the alleged
thieves, and the thieving the former for now, continue to stand protected
at least those with might on their side, and as for the actual corruption, how
many millions of siphoned away dollars has the country ever received back?
Only that which is to come back through the stock market.
So where does the nation stand? Unfortunately, still with the President
that remains drenched in the stench of alleged corruption. With his
handpicked Prime Minister, who takes Dolly Partons advice to heart and
continues, come what may, to stand by his man, (and his office). Helplessly
impotent against the rat-a-tat of machine gun fire protestors forcing shutter
down strikes across a province played too many times as only a card. As
silent and scared spectators in a system of selective prosecutions, no
accountability, and little morality, where vested interests influence outcomes.
In a land with zero contempt for the criminal and as much pride in the
maintenance of law, order and dignity.
No longer simply like battered woman, who may have seen too much
and experienced it all, a nod is as good as a wink to what has become a
nation of very blind donkeys. But at least, it hasnt lost its sense of humour,
or geography. After all: ask any Pakistani where the capital of the country
lies. Swiss Banks, and not Islamabad, would be their bet. (Shimaila Matri
Dawood, TheNation 29th April)

431

Honour void: In most men where there is honour, in Prime Minister


Yousuf Raza Gilani there is a void. The honourable course for him would
have been to resign after being convicted for contempt of court because he
stands automatically disqualified from continuing in office. But he has no
such intention and it is uncertain with what fateful consequences this may be
fraught. Political chaos with deleterious implications for the faltering
economy and national security seem likely. (S Iftikhar Murshed, The News
29th April 29)
Need for clarification: Law and Justice Minister Farooq H. Naek has
characterized as illegal the letter written by the Assistant Registrar of the
Supreme Court to the Speaker of the National Assembly, the Cabinet
Secretary and the Chief Election Commissioner about implementation of the
court order declaring Prime Minister Gilani guilty of contempt of court. He
termed it contempt of Parliament, an attempt at ridiculing Parliament,
etc., maintaining that the court official had misused his powers and the court
should hold an inquiry into his conduct on that count. There is little doubt
that Mr Naek, for all his legal background and parliamentary experience,
was frustrated by the simple procedure followed by the bureaucracy, or, to
say the least, he was trying to make much of what the Assistant Registrar
was bound to do in the discharge of his duties. His apt response that it was a
routine course should clarify the position. Nevertheless, the government
attitude appears to be yet another attempt at playing up a side issue to further
confuse the political scenario of the country. From this confusion, however,
there emerges at least one clear point i.e. the ruling coalition is ready to
show Mr Gilani the door if the appeal that it intends to file against the
verdict is turned down. The Law Ministers remark that if the Supreme
Court ordered the disqualification of the Prime Minister, the government
would comply, supports this conclusion. (Editorial, TheNation 30th April)
A fake democracy: Perhaps, the premiers aggression and
overconfidence is not without reason. One, he has complete support of the
PPP coalition partners, namely MQM, PML-Q and ANP; and second, he is
backed by foreign governments, especially the US Nevertheless, the legal,
constitutional and political implications of the verdict are grave. The initial
response is clearly reflected in Nawaz and Imrans statements to uphold the
rule of law come what may! Major political parties have decided to work out
a joint strategy to establish law and order in the country, which is rapidly
sliding into anarchy and lawlessness.
Over the past four years, the opposition has been blindly, in fact
foolishly, following the ruling elite to save democratic setup, and contain
432

any move made by the undemocratic forces to upset the applecart. This has
enabled the PPP to survive since the 2008 elections, despite several
corruption cases against its members. Hence, the internal and external
challenges facing Pakistan, coupled with a serious threat to national security,
has brought Imran Khan in the limelight. He is emerging as the voice of the
masses, since no other leader is willing to listen and understand their
problems
For the first time in the history of Pakistan, the Supreme Court has
come out of the spell of doctrine of necessity. Also, there are many new
things happening in the country: a sitting Prime Minister has been
convicted and jailed for 30 seconds; Chief Justice Iftikhar Mohammad
Chaudhry is rightly taking suo motu notices of corruption scams involving
ministers; and after the four-year tenure of the PPP-led coalition
government, Nawaz Sharif has finally decided to play the role of a genuine
opposition. The month of May, perhaps, will be crucial for the future of the
so-called democratically-elected government. (Ikram Ullah, TheNation 30th
April)
What has happened to Aitzaz Ahsan ? Mr Aitzaz Ahsan, until
recently filled the minds and hearts of Pakistans public with respect and
love following a successful lawyers movement touching a popularity rate of
over 95 percent. Today, his popularity has plunged to less than 10 percent
while the vast majority of the public talk about him with contempt and
disgust.
Many among his well-wishers ask just one question, what has
happened to him? Others amongst his opponents think that he is being
punished for his alleged Anti-State actions he took when he, as Interior
Minister of Pakistan during the first Benazir government, reportedly
provided secrete information on the then Sikh's Uprising in Indian Punjab to
India. His expressionless face, unassuming walk and non-logical argument
portray him a man who has fallen from grace. (Dr Ghayur Ayub from
London, TheNation 30th April)
Collision course: While Prime Minister Gilanis sentence in the
contempt of court case lasted a grand total of 37 seconds, its aftermath has
seen the PPP and its rivals on a collision course that threatens to go on for
much longer and drag the government into ever-deeper crisis. The
politicking of the 1990s seems to have been resurrected in the past three
days, with both the PPP and PML-N issuing heated statements accusing each
other of corruption and compromises on principles
433

The spitefulness, mudslinging and vengeful attacks of the last three


days are not what we want politics to look like, especially in an election
year. Some semblance of maturity, dignity and sanity needs to be retained.
But most importantly, we need a categorical answer from the PPP now: will
it ever follow the letter of the law? We also need a clear and categorical
judgment from the Supreme Court so that the confusion that has ensured
could end. Let not the high drama unfolding on our TV screens distract us
from these basic questions. (Editorial, The News 1st May)
The breakdown: All the pillars of state, with the exception of the
Supreme Court and the media, are dysfunctional. Parliament, the so-called
embodiment of the will of the people, is fake like a Potemkin village.
Pakistan is a case of failed leadership, not failed state. Until we get the right
kind of leadership, Pakistan will continue to oscillate between long periods
of authoritarianism and bouts of corrupt and sham democracy.
The two, Zardari and Gilani, occupying the commanding heights of
power, have been weighed in the balance and found wanting. Both are
irrelevant to the unfolding tragic drama and will soon be forgotten. When the
winds blow and rains descend and the house is about to collapse, such men
vanish in a night. The day is not far-off when the entire fraudulent
superstructure erected by their masters in Washington will be swept away by
mighty forces that are adrift.
This is the bleakest era in the history of Pakistan since 1971. At a time
when leadership is desperately needed to cope with matters of vital
importance and put the country back on the right path, Pakistan is ruled by a
corrupt President who lacks both legitimacy and credibility and seems
oblivious to the realities of his awesome responsibilities and is interested
only in perpetuating himself.
The nation is breaking down. It has become ungovernable and would
remain so as long as Zardari remains in power. Already people are anxiously
scanning the horizon waiting to see if the cavalry will come riding down the
hill to save Pakistan.
Nature abhors vacuum. So does politics. When Weimar Germany was
buffeted by civil unrest and commotion, its tenuous democracy was
discarded in favour of Nazism. But I still have hope. I have this palpable
feeling that the Maoist prescription-things have to get worse before they
could get better-is being tested in Pakistan today. (Roedad Khan, The News
1st May)

434

A sane voice: Chief of Army Staff General Ashfaq Parvez Kayani has
called upon all organs of the state to perform their duties while remaining
within the limits defined by the Constitution and live up to Pakistans
ideology. He was addressing a ceremony held to mark Youm-e-Shuhada (the
Day of Martyrs) at the General Headquarters in Rawalpindi on Monday.
General Kayanis words acquire particular significance, as they were spoken
against the backdrop of a rising tempo of clashes between different
institutions, carrying serious forebodings for the future of democracy in the
country and its stability. They merit reproduction here: The Constitution of
Pakistan has clearly delineated the responsibilities and roles of the national
institutions. It is now our responsibility that we resolve our issues, while
remaining within the constitutional limits, in a manner it increases respect
and dignity of both our country and ourselves. It is hardly possible to take
issue with such a stance. Had it not been for his strong defence of democracy
that followed this observation, the Generals address would have alarmed
political and democracy-loving sections of society and been termed a
warning. He underscored the importance of democracy by adding that
Pakistans stability hinges on the continuity of democratic system, spelling
out its prime objective as the welfare, happiness and dignity of the people
and the provision of equal justice to all, an opinion akin to what he had
expressed a few days earlier.
Thus, General Kayani once again held out the assurance that the army
had no intention of stepping into the political domain of power. It is for the
politicians, in power and out of power, to play by the rules where there is
neither room for questioning the wisdom of the judiciary once it has
pronounced, nor any justification for drawing conclusions before the full
verdict has come out. The defiance of legitimate authority and charges of
misgovernance or corruption without proffering evidence or substance have
rendered the political scenario thoroughly confusing. The rulers have set a
highly reproachable record of disobedience of the highest court of the
country whose compliance is considered sacrosanct in any properly
functioning system of governance. Ignoring the fact that interpreting the
Constitution rests with the Supreme Court, they have at times even
questioned its jurisdiction in trying certain cases. Combined with this
attitude of the government, the oppositions behaviour of not seriously
taking the government to task for its lapses has generated a climate of
uncertainty in the country.
One would like to hope that the sane utterances of General Kayani
would rekindle an all-round enthusiasm to work for the success of
435

democracy in the country where the principle of the rule of law is deeply
cherished. And, as General Kayani has said, the welfare of people reigns
supreme in the eyes of all and sundry, the government, the opposition and all
the rest of society. (Editorial, TheNation 2nd May)
Politics of animosity: Charge sheets are being distributed by the PPP
and PML-N leaders against one another to the satisfaction of those who do
not want the peoples will to prevail. It will be a pity, if conditions
deteriorate to an extent where the country falls a prey to yet another military
intervention. Some may think that this is a farfetched proposition, but
history reveals that military dictators have intervened on much lesser issues
than those that confront Pakistan today.
One hopes that sanity will prevail and the government and the
opposition, as well as other state organs, will not only strictly follow the
Constitution of Pakistan, but also ensure that they do not encroach upon the
others jurisdiction. At present, it seems that some state organs are not
strictly following the Constitution. And there is an effort by design to
acquire the powers of other institutions that are not within their
constitutional domain.
As far as the political leadership is concerned, it must remember that
the major responsibility for the countrys progress and prosperity rests on its
shoulders. It is advisable for the political leaders to refrain from mudslinging
that will do no good to this country. Instead it will complicate an already
fragile situation, ruin the economy and create conditions where political
parties may become irrelevant in Pakistan. So, it is the duty of the top
leaders of all political parties to stop their members from indulging in
activities that are detrimental to the countrys vital national interests.
To achieve this purpose, it is the governments duty to invite the
opposition parties to sit together and draw a plan where a political code of
conduct is agreed upon and then enforced, which will lead to a peaceful
transition from one democratically-elected government to the other without
much hassle. Otherwise, political parties and their leadership will be the first
ones to bear the brunt in case democracy is booted out of the country once
again! (Azam Khalil, TheNation 3rd May)

Provincial disharmony
A hidden agenda? The move for a separate province for the Seraikipeople of Punjab is a political ploy in preparation for the forthcoming
general elections. The demand for a Seraiki province is continuation of a

436

process to weaken and break up Punjab province. At the same time, it is part
of the larger agenda of outside powers seeking balkanization of Pakistan.
Unfortunately, some other political parties, including those which are
based in Punjab, are conniving with the PPP in its pursuance of this agenda
for a Seraiki province. They are doing so without understanding the grave
implications of their connivance with the PPP government. The present
governments lack of a meaningful response to demands for construction of
new hydroelectric power projects, and the link canals proposed by India on
the rivers feeding Punjab, will ultimately deny Punjab the required water
resources, seriously affecting its agricultural output. After the creation of a
Seraiki province, especially if it is extended up to Mianwali in the north, the
Indus River will also be de-linked from what remained of Punjab.
If it remains undivided, without its Seraiki areas separated from it,
Punjab could one day provide a revenue-generating land route for trade
between India and Afghanistan via Wagah. But that possibility is being
undermined by the planned opening of the Sulaimanki route, which will
probably be linked with the Indus Highway through areas of the proposed
Seraiki province to Khyber-Pakhtunkhwa and to Afghanistan.
If that happens, Punjab will become an impotent entity with meagre
sources of income, totally dependent on other provinces to survive. An
undermining of Punjab will also fulfill the agenda of foreign powers which
feel that even after Pakistans balkanization, Punjab, with the nuclear
weapons in it and the strong army, will remain a threat to their interests.
President Asif Zardari and Prime Minister Gilani may even be
thinking in terms of unification of Sindh and the proposed Seraiki province.
The people of Punjabs Seraiki-speaking areas are akin to those of rural
Sindh. Both are used to feudalism and to the landlords monopoly on landownership, and both have subservient masses. It will be easier for the PPP to
buy off important families in the Seraiki areas or coerce them into
submission
The numerical differential between the Urdu-speaking population of
urban Sindh and rural Sindh and the Seraiki areas will increase Zardari & Co
are in total control, with the MQM marginalized Zardari can become a
true leader of the over 180 million Pakistanis by acting in accordance with
the aspirations of the people of the country, and giving up dirty politics. He
still has that choice. At the same time, the other mainstream political parties
should end their differences, rise above their self-seeking agendas and get
united. (Tahir Ali, The News 1st May)
437

Turf war in Karachi


Lyari bleeds: Violence continues unabated in the trouble-torn Lyari
locality of Karachi, as security forces continue their operation against
elements described as gangsters. By Saturday evening violence in Lyari had
claimed more than fifteen lives in two days, including those of a local PPP
leader and the SHO of the Civil Lines police stations Also, PPP leader
Nabeel Gabol escaped injury after a grenade was lobbed at his convoy on
Friday as he was returning from Maliks funeral. As the violence seems to be
spiraling out of control leaving a trail of death and destruction, the security
forces and government officials say the operation is succeeding. However,
the precise truth behind these statements is difficult to assess at the moment
given that Lyari, for now, is a virtually no go zone. The situation may
prove difficult to douse easily, mainly because the gang war situation is
further complicated by the involvement of political factors. Various gangs in
Lyari are backed by different political parties and, indeed, have been
nurtured by them through the years.
PPP MPAs have protested against the killings in Lyari, which is
considered to be the partys stronghold, and demanded that the situation be
resolved quickly and peace restored. The president, who is the cochairperson of the PPP, has announced that the operation will continue at all
costs. At this point it is impossible to say how the situation will turn out and
people are too terrified to step out of the confines of their homes. Board
exams scheduled for Saturday were also postponed. The most alarming part
of all this is the fact that there is no guarantee whether the on-going
operation will lead to peace and not more mayhem. One of the main
obstacles, and probably an important factor complicating the Lyari problem,
is said to be the politicization of the police. Until this problem is tackled, the
situation may get worse. In a situation as volatile as Lyaris, it is obvious that
there is a need for complete impartiality and professionalism. The authorities
must wake up to the gravity of the situation and realize that blood spilling
and chaos that has been allowed to go on for so long must be stopped before
it is too late. (Editorial, The News 29th April 29)
Lyari gang wars: The ongoing Lyari gang wars have claimed 25
lives and caused injuries to more than 60 others, during the previous three
days. On Saturday many troubled spots of the area relapsed into a virtual
battleground where the police officials were caught off guard when the
criminals pounded them with rocket launchers and grenades. An armoured
vehicle was mangled in one such attack in the Afshani Gali area and the

438

SHO leading the operation could not stand his ground against miscreants
fire power and died on the spot. After a day full of bloodletting, the police
officials in their utter helplessness had to issue shoot-on-sight orders.
That the area is awash with such sophisticated weapons is a sad
commentary on the state of surveillance. Obviously it means that the
notorious weapons mafia is going about its dirty business with complete
immunity. It is a big question mark on polices state of alertness since the
weapons are smuggled into the city through a number of entry points in
literally broad daylight. These weapons are put up for sale to everyone who
can afford them. The violence that has rocked Lyari is only a symptom of the
greater malaise that plagues the unfortunate city of Karachi.
Indeed Lyari is only the tip of the iceberg; there are several other areas
that are, perhaps, as bad where sophisticated weapons and target killers are
found aplenty. This should be viewed in the backdrop of the countrys entire
security situation where a constant supply of explosives and all sorts of
firearms is invariably available for the terrorists. Under such gruesome
circumstances when the law enforcement agencies ought to have geared up
for the challenge, it turns out that they themselves have become sitting ducks
for these miscreants. The shootout in Lyari where the criminals had even the
police commandoes running for their life is a small testament to this reality.
It is high time the officials went about cleaning up the entire city. The
urgent need to beef up the force both in terms of its strength and weapons is
plainly manifest. Also it is necessary that political involvement in the forces
day-to-day affairs and appointment of SHOs which is one of the major
hurdles in the way of peace was brought to an end. The federal government
has girded up its loins too late but still it has time to arrest the rising graph of
violence. The people who are tired of years of violence expect it to act with
courage. The city that is the economic hub of the country cannot be
abandoned to lawlessness. (Editorial, TheNation 30th April)

REVIEW
The convicted Prime Minister kept oozing with confidence during five
days under review, which exceeded far beyond the one he showed before or
during his trial on contempt charges. The reasons behind his confidence
were multiple. He was commended and pampered by his boss and other
party leaders for his defiance against the apex court. He also enjoyed
complete support of the coalition partners.
439

He fully trusted the ability of his team of lawyers who are capable of
dragging and confusing a simple issue that had been amply demonstrated by
Aitzaz during hearing of the contempt of court case. He hoped that the case
would be stretched further for indefinite period once he filed an appeal
against the verdict.
The ambiguity of the verdict made the task of Gilanis defence
counsel easier. Court verdicts are expected to clear the confusion over the
case in hand and settle the matter once for all, but this verdict has added to
the prevailing confusion. Some legal experts have predicted quashing of the
verdict by appeal court. Moreover, the Chief Justice is short of three judges
to constitute an appeal court comprising nine judges.
The regime has also won over hearts and minds of reasonable
number of private TV channels, which have been launched to counter the
critics. Similarly, the divided Bar pre-empts the possibility of initiation of
any movement like the one that was launched in 2007 in support of
Judiciary. Judiciarys shaky performance for reasons best known to judges
has also dampened the expectations of the people.
Divided political opposition adds to the confidence of the ruling
coalition. The main opposition party stands isolated, primarily due to the
attitude of its chief, Nawaz Sharif. Other political parties are not prepared to
join hands with PML-N. The inter-party differences, especially, between
Nawaz and Imran are likely to render their planned protests ineffective.
Zardari has quite effectively pinned-down Army by extensively
committing it in the war on terror combined with posing indirect threat
through the US in case of any mischief on its part. Washington has
repeatedly warned that it supports the present democratic dispensation in
Pakistan. This unconditional support of the US to the Scoundrel and the
Saint is for their ability to deliver for the American cause even at the cost of
Pakistans vital interests.
While Zardari had pitched his party and his coalition partners in
defiance of the Judiciary, he launched an operation to crush the defiance
within PPP that emerged in its stronghold of Lyari in Karachi. Some of the
Lyari gangsters which had been patronized by PPP had revolted against the
party leadership.
For the last one week, the Police have been operating to dislodge the
rebel gangsters. Under instructions of Zardari the Sindh government was
trying replace these rebel gang leaders with those who are loyal. The new
gangsters to be installed are fighting side by side with the Police. It is for
440

this reason that Rangers have not been involved in the operation despite the
stiff resistance.
Observers wondered about such a stern action in PPPs vote bank in
Karachi, but this is part of Zardaris power politics. At this critical juncture
he needs the support of his coalition partners and operation in Lyari ensures
that support. This self-inflicted injury has been considered inescapable; if a
loud-mouth like Babar Awan could be sacrificed then slaughtering of these
unknown criminals is no big deal.
3rd May, 2012

WAR WITHIN-VIII
The twin resolutions cleverly moved and hurriedly adopted on
Thursday, the May 3 by the ruling coalition in both houses of the Parliament
441

caught the agitating PML-N on the wrong foot. Caught unaware, the PMLN, not finding a rational response, was once again forced to act impulsively.
It submitted its own resolution for forming four new provinces of
Bahawalpur, South Punjab, Hazara and FATA.
Next day, PML-N organized first public rally at Taxila as part of its
Go Gilani Go campaign launched in reaction to Prime Ministers defiance
of Judiciary. it was an impressive show but not good enough to make any
impact on the regime simply because Nawaz has always been one move
behind Zardari, in other words the former has been reacting to the moves of
the latter.
Meanwhile, the regimes operation against its own gangsters of Lyari
apparently failed to achieve the stated goals, yet Rehman Malik rushed to
Karachi and announced two-day unilateral ceasefire claiming that it was to
give the last chance to the gangsters to lay down their arms. Nevertheless,
the coalition partner MQM was pleased despite the fact that no notorious
figure of PAC was killed or arrested by Police.

NEWS
Rule of law: On 4th May, ANF once again summoned Musa Gilani
to appear on May 13 for further investigation into ephedrine case. Hanif
Abbasi of PML-N will also appear before investigators on May 8, who has
reportedly acquired quota of more than his usual needs of his factory.

Defiance of judiciary: On 3rd May, amid mounting PML-N


pressure on the convicted prime minister to quit, the ruling coalition got
passed resolutions in his favour from both houses of the parliament, Sindh
Assembly and AJK Legislative Assembly. Khyber Pakhtunkhwa Assembly is
also set to adopt a similar resolution tomorrow to repose confidence in
Gilani.
To further deflect attention from the conviction issue, the coalition got
adopted another resolution from the lower house of the federal legislature for
the creation of a Seraiki province, which, if realized, would split the most
populous province of Punjab being ruled by the PML-N since the 2008
elections. Both resolutions were presented back-to-back by Law Minister
Farooq H Naek and passed with a thumping support of PPPs coalition
partners in the house.

442

The session was marred by sloganeering by the PML-N members. The


PML-N legislators on their third consecutive day of protest against Gilani,
gathered around the PMs seat and rostrum even before the start of the
session. After about 25 minutes to the Question-Hour session, PPP with the
support of allied parties brought the two resolutions in the house that
adopted those in just around 5 minutes.
The second resolution read that lower house of parliament reposes
complete confidence in Gilani as the constitutionally and democratically
elected prime minister. He was commended for upholding majesty of law
by personally appearing thrice in the Supreme Court and showing great
humility and respect to the apex court. In a thinly-veiled reference to
Gilanis refusal to write letter to the Swiss authorities saying that
constitution grants presidential immunity to Zardari, the resolution said:
The house also appreciates the firmness and dignity displayed by Prime
Minister Gilani in upholding the constitution and the parliamentary
democracy in the country.
On the resolution about reposing confidence in Gilani, some members
from both sides of the aisle shouted full throat slogans in favour and against
the PPP government and they were about to indulge in physical fight when
other members with their timely intervention cooled down the situation.
Particularly, PML-N member Abid Sher Ali and treasury member
Akhunzada Chattan engaged in a brawl and started raising slogans in support
and against the government.
The Senate, in its evening session, also passed a resolution reposing
complete confidence in Prime Minister Gilani, in the absence of PML-N that
walked out of the house over the issue of PMs legality. The resolution,
moved by Leader of the House in Senate Jehangir Badar read the same as
the one presented in the national assembly.
The Sindh Assembly also reposed full confidence in the leadership of
Premier Gilani in a joint resolution tabled by Sindh Law Minister
Muhammad Ayaz Soomro and Senior Minister for Education Pir Mazharul
Haq. The Azad Jammu & Kashmir Legislative Assembly, lower house of the
state parliament, too reposed confidence in the leadership of Gilani by
appreciating his efforts for the upholding the Constitution.
The shrewd move of the ruling coalition forced the PML-N to come
up with its own plan of four new provinces: South Punjab, Bahawalpur,
Hazara and FATA. Leader of the Opposition in National Assembly revealed
this while addressing a Press conference. Terming the resolution of Treasury
443

Benches a political gimmick, he said that PPP wanted to divert the attention
of the masses about the conviction issue of Gilani who is saving the skin of
President by not writing a letter.
President Zardari congratulated Prime Minister Gilani for the
confidence reposed in him by the Lower House of the Parliament. In his
felicitation message, the President said the resolution of the representatives
of the people was a clear manifestation of his leadership qualities.
Speaker National Assembly Dr Fehmida Mirza asked the opposition
parties not to act in haste regarding Prime Minster's disqualification issue
reiterating that interpretation of the Supreme Court's detailed verdict would
be done in the light of the Constitution and not as per wishes of anyone. She
was talking to media persons after inaugurating paintings exhibition at
Speaker's Lounge, National Assembly, held upon successful completion of
the 4th year of the 13th National Assembly.
Next day, protest of PML-N members in both the houses of the
Parliament continued. Partners of ruling coalition urged the PML-N to end
protests and warned that the onus would be on the main opposition party if
democracy was destabilized as the situation could reach point of no return.
In Lahore, jiyalas held a rally in support of convicted Prime Minister.
On 5th May, the PML-N began its protest movement against the PPP
government, holding first rally in Taxila; a large number of PML-N workers
thronged the venue of the rally. Speaking on the occasion, Nawaz Sharif
criticized President Zardari and asked him to tell the nation about 600
million dollar lying in Swiss cases. He said that Zardrai will have to return
600 million and letter must be written to Swiss authorities. Nawaz said that
Zardari and Gilani were hell bent on destroying Pakistan. While lashing out
on PM Gilani, Nawaz Sharif said that, President Zardari has made you a
puppet and pawn for his vested interests.
He said that law and order situation in Lyari and Balochistan has
become so uncertain that people have been left helpless at the mercy of fate.
Innocent people are being targeted while the government is busy in securing
its rule. With the reference of Benazir Bhutto, he said that he had signed an
agreement with her pertaining to restoration of democratic setup but after
tragic end of Benazir, Zardari came on surface and misused the agreement.
Nawaz said that masses should stand by him for the survival of the
country. It is not war of politics; neither is it struggle of personal interests.
He is out along with his party workers to secure the country from cruel
clutches for progress and prosperity of the country, he said. He also appealed
444

to the nation that it should be ready to participate in long march against the
government.
Qamar Zaman Kaira said that the PPP did not require the
interpretation of the Sharif brothers to understand the Supreme Court verdict
in the prime ministers contempt case, and predicted that the antigovernment long march on the capital was destined to fail. The information
minister maintained that the Sharif brothers simply wanted to occupy
parliament, the PM House and the federal capital, but that they would all fail
in their endeavours, and said that it seemed that they once again wanted to
attack the judiciary after 15 years.
He said the Pakistan Muslim League-Nawaz (PML-N) was
responsible for the toppling of democratic governments in the past because
of its politics of confrontation. He claimed that it not only got its own
governments dismissed but also dismissed those of the PPP, he held. He
further added that due to their negative attitude, the Sharif brothers had been
forced to face the ultimate consequence and swiftly escaped to Jeddah after
signing the NRO with Pervez Musharraf. Kaira advised the PML-N to hold
local body elections in Punjab to gauge its actual popularity among the
masses.
Bar councils and bar associations of the country threw their weight
behind Prime Minister Yusuf Raza Gilani by recognizing him as the
constitutional chief executive of the country, but also admitted that the PM
had no political or moral grounds to hold his office. The legal fraternity
representatives also opposed the appointment of ad hoc judges for hearing
the PMs appeal against his conviction in the contempt of court case.
To a query about possibilities of joining the long march, announced by
the opposition parties against the PPP-led government, the PBC vicechairman said lawyers would take their own decision on the issue and would
not become a stooge of any political party. The lawyers leaders, through a
unanimous resolution, rejected the proposal of appointment of acting or ad
hoc judges to the Supreme Court particularly in view of the fact that
permanent post of a judge was lying vacant for several months.
The meeting also adopted a unanimous resolution which said a
permanent Chief Election Commissioner (CEC) should be appointed so that
Justice Shakirullah Jan could return to the bench. As per the resolution, the
bar leader expressed apprehension that serving judges should not be
involved in election controversies. They pleaded that political forces should
spare judges from political controversies.
445

Next say, Gilani said Sharif Brothers were expressing solidarity with
the courts only to save their skin, as several cases against them like
Mehrangate were pending decision. He asked Mian Brothers and their party
men to apologize to the nation for hiding facts about their agreement with
General Musharraf and telling lies about it for ten years. Shazia Murri said
masses wont be misled by Nawaz.

Taming the military: On 4th May, National Assembly passed a bill


for forming a National Commission to watch Human Rights violations. The
commission will not inquire into the act or practice of intelligence agencies,
but where a complaint is made to the commission alleging that an act of such
an agency is inconsistent with or contrary to any human right, the
commission shall refer the complaint to the competent authority concerned.
It is expected that the new law will help reining in agencies.

Baloch militancy: On 3rd May, Chief Justice ordered the officials


concerned to produce all the missing persons before the court in May 4,
warning that all of them could be suspended in case of failure. He issued this
direction while hearing the case regarding law and order in Balochistan and
the missing persons at the Quetta Registry of the apex court. None of the
missing was produced before the court by the authorities who were ordered
to produce them during last two days hearing.
The bench observed that no one has so far dared to reveal who had
been keeping the missing persons. The CJ asked IGP to tell the court where
they were being held: Are the missing persons in custody of police and
Levies? The CJ said if police was not disclosing their whereabouts then they
must be in the safe houses of police. The IGP denied.
The CJ also expressed displeasure over non-recovery of kidnapped
Makesh Kohli advocate. The IGP was also questioned as to whether he told
the governor and chief minister about security situation in the province. At
this, he requested the court to hear them in-camera. SCBA President Yaseen
Azad said that police was not revealing truth for it was frightened while FC
was mostly being blamed for missing persons.
The CJ stressed that nothing would be helpful until substantial facts
about the missing persons were provided. On this, the home secretary
apprised the bench that the department lacks information about each and
every missing person. FC DIG denied there was any missing person in their
custody. The CJ remarked that every person who appeared here held FC
responsible. FC DIG said this was regrettable. Addressing Brigadier

446

Shehzad, Justice Khilji Arif Hussain said, People do not respect you. Your
uniform should be esteemed; instead, people are afraid of you.
When the court asked Advocate General about CM Aslam Raisani and
Home Minister who were ordered to appear in court, he said they were in
Islamabad for important meetings. The lawyers assisting the bench said that
CM had not gone there for serving Balochistans interests but to enjoy
pleasant weather. They said even the cabinet meetings were being held in
Islamabad.
The court once again ordered the home minister to appear before the
court to explain his statement wherein he had claimed involvement of some
minister in the kidnapping for ransom. On 6th May, one man of Hazara tribe
was shot dead on Quetta-Sibi Highway; two truck drivers were kidnapped in
Kachhi and a bid to blow up train on Quetta Chaman track was foiled.

Turf war in Karachi: On 3rd May, the gun-battle between the


police and gangsters in Lyari entered seventh day claiming at least 40 lives
while hundreds of others were wounded in the conflict. Meanwhile, elders of
various Baloch tribes were among the negotiating team trying to convince
Uzair Baloch, Zafar Baloch and Baba Ladla to evacuate the area or surrender
before the police, who were ready to surrender but they are seeking
assurances about their areas.
Gangsters believed that authorities will hand over Lyari to the rival
gang of Arshad alias Papu released from jail couple of months ago. Sources
disclosed that police and other authorities have decided to hand over Lyari to
the Papu gang after the evacuation of Amman Committee members. Police
claimed to have killed 4 members of Amman Committee. Residents of the
area confirmed that victims including Manzoor and Shahzad were not
affiliated with criminal groups.
IG Sindh Mushtaq Shah in a Press conference said that police will
resettle the residents of Lyari who left their homes because of gangsters.
Gangsters are responsible for the killing of innocent people, he said.
Mushtaq Shah called Cheel Chowk as headquarters of gangsters and hoped
that Lyari will be cleared within two days.
Four people, including an ex-serviceman, were mowed down in
separate acts of violence elsewhere in the metropolis. According to DSP
Tariq Malik, the ex-serviceman hailed from Peshawar. Separately, a young
man and a girl were killed in the name of honour in Sultanabad area; the

447

victims families belonged to Waziristan. In another incident, police found


body of a man from a nullah.
The PML-N took out a rally against the Lyari operation, demanding
the government to immediately pull out law enforcers from the area. PML-N
Karachi chief Nehal Hashmi said the people of Lyari always stood up
against the dictatorial regimes and supported democracy, for which the
government was carrying out an operation against them. He further said the
operation should be stopped forthwith.
The Jamaat-e-Islami condemned a police attack on its convoy
carrying humanitarian aid to Lyari, terming it as state terrorism. JI Karachi
chief Mohammad Hussain Mehanti, while addressing a news conference,
announced that his party would call an all-parties conference on May 4 on
the Lyari situation. He asked the government to allow welfare organizations
to start relief work in Lyari and not to create any problems and hurdles for
them.
Next day, the Supreme Court ordered recovery of missing persons in
two weeks. Chief Justice expressed annoyance over absence of bosses of
agencies. The court warned to use constitutional options as it observed that
no one was interested in peace in Balochistan. During the proceedings FIR
naming FC Colonel and Major were presented before the court and SHO
wept over his helplessness. Meanwhile, three more missing persons returned
to their homes.
Two people were shot dead in Naseerabad and shutter-down strike
was observed in Balochistan over Lyari operation. On 4th May, Zardari
ordered no compromise on law and order situation in Karachi as Police
seemed to be stuck in stalemate situation in Lyari.
On 5th May, Lyari was returning to normalcy, but four people were
killed in firing and two offices burnt in the city. Next day, Rehman Malik
refused to talk to gangsters of Amn Committee once claimed by Zulfikar
Mirza as children of PPP. Malik vowed targeted action in Lyari and told the
media that names of some criminals have been placed on ECL. An ASI was
shot dead and a sack-packed body was found in two separate incidents in the
metropolis. Nationalist parties protested against Lyari operation. A PML-Q
leader also demanded end to operation while claiming that diehard workers
were being dubbed as terrorists.

VIEWS
448

Power politics
An invalid resolution: In utter violation of the Constitution, the
National Assembly on Thursday pushed through a resolution for the creation
of a separate province consisting of southern parts of present Punjab, setting
off another political crisis in a scenario already surcharged with innumerable
crises. PML-N legislatures, who were shouting slogans of Go Gilani Go
against the backdrop of his conviction in contempt of court case, tried their
best to resist the presentation of the resolution. They voiced strong protests,
standing right in front of the Speaker, to register their objection to the
unconstitutional manner in which the issue was being handled. Incidentally,
the resolution was also not on the agenda, presumably to take the opponents
off guard. The correct procedure, whenever it is deemed necessary to carve
out a new federating unit, is clearly laid down in Article 239 of the
Constitution. The provision stipulates that a resolution to that effect has first
to be passed by a two-thirds majority in the assembly of the province out of
which the new unit is intended to be created. It is only after this procedure
has been gone through that the National Assembly could take up the matter
and pass a resolution in support of it, also by a two-thirds majority. Not only
was the National Assembly not supposed to pass any resolution for the
creation of South Punjab without its prior approval by the Punjab Provincial
Assembly, but, another painful aspect of the exercise is, that it also passed it
by a simple majority. As if this was not enough of a disregard of
constitutional provisions, the National Assembly also passed a resolution
reaffirming its confidence in Mr Yousuf Raza Gilani as Prime Minister.
It seems obvious that meeting one reverse after the other in the highest
court of the country, the government is determined to violate law and
Constitution, if that could help it hold on to power, unmindful of the adverse
implications of this attitude. That, indeed, is a pathetic situation considering,
especially, that the ruling coalition claims to be striving to strengthen
democracy in the country. With the renaming of NWFP as Khyber
Pakhtunkhwa, there has emerged a fairly popular demand for Hazara
Province. And the day is not far off when voices for Jinnahabad would start
resounding in the areas of Sindh inhabited by supporters of the MQM. The
PML-N declares it is not against the creation of new federating units, if they
were to be carved out for administrative reasons, but opposes the idea if it is
on the basis of language.
The grave economic and security situation that exists in the country
has become graver on account of the geopolitical challenges it confronts.

449

This is certainly not the time to opt for adding physical divisions of the
country to the political divisions that bedevil us, whether the reasons put
forward are political or linguistic in nature. It is time for unity. Only then can
we be able to get over these interesting times. (Editorial, TheNation 4 th
May)
Collective effort needed: The resort to street power with the
accompanying destruction of the public and private properties by the unruly
mobs, and the ensuing deaths as a consequence of the actions of the law
enforcing agencies, are least desirable in the present circumstances as it
would create justification for the anti-democracy forces to make their move.
Any such eventuality might lead to an unending nightmare for the
people of Pakistan, who have suffered a lot in the past due to the
shenanigans of politicians, some pliable judges and the acts of sedition
committed by khakis. God forbid, it might also scuttle the chances of
Pakistan surviving as a viable state.
This is a moment for all stakeholders to introspect their past conduct,
analyze the disastrous consequences of their actions, learn lessons from
history and try to find a way out of this quagmire through collective efforts.
Pakistans future is inextricably linked to democracy as envisioned by the
Quaid.
Their foremost priority should be to ensure that the country stays on
the democratic path and the change of government is brought through the
verdict of the people, who are the final arbiters and judge of the ruling elites
performance. While treading the democratic path we also need to change the
way we elect our parliamentarians. The prevalent system of elections
nurtured by the feudal culture has promoted the politics of graft and
entitlement and further entrenched the archaic, colonial style of governance.
We might broach the possibility of adopting the system of proportional
representation. These are the issues on which they need to concentrate and
calibrate a strategy for systemic reforms to put the country on its cherished
course.
In view of the foregoing realities, it is absolutely an inescapable
responsibility of leaders of political parties sitting in Parliament to come out
of their hibernation, set their priorities right and deal with these crucial
issues in the light of emerging realities collectively, by making the required
amendments in the Constitution, before the coming elections. (Malik
Muhammad Ashraf, TheNation 5th May)

450

Democracy in Pakistan: Islamic form of governance means


governance of society based on rules of equity and justice in which the rich
and the poor, the powerful and the weak are all treated and dealt with
equally. Islamic government is free from the ills and evils of modern day
democracy. Although it is somewhat similar to personal or one man rule yet
Islamic Democracy is far better than modern day democracies because
In Islamic Democracy every citizen of the country can question the
top leadership whereas in todays democracy only the elected and that also
an opposition member can raise his or her voice. In Islamic democracy very
ordinary citizen can stop the ruler/s in doing an illegal or anti sharia act,
whereas in modern democracy it is neither possible nor accepted. Once
having cast the vote the nation has to wait for the next elections to counter or
check the ruling government.
Thus in Islamic democracy there is personal rule of the old days. The
modern day democracy claims that the rule is of the people; while factually
once in power the people are totally left at the mercy of the illiterate,
uncouth and selfish rulers who can reject their opinion on the strength of
majority.
In Islamic form of government you are only required to obey the
ruler/s till their actions and orders are in consonance with sharia, but in
modern day democracy the rulers supported by the decision of the elected
majority, can enforce any law even if it is against the rights or welfare of the
people.
Religion of state: There is no government in the world which does not
follow any religion. The American, the British, the Europeans follow
Christianity, the Russians religion is communism, Islamic countries follow
Islam and India despite claiming to be following secularism, Hinduism.
Therefore today, if we follow rules of governance purely based upon
Islamic principles there is no reason why we cannot introduce such
governance which is based on high principles that help the needy and the
weak living in Pakistan. It is incumbent upon us, therefore, to adopt the
golden principles taught to us in the Holy Quran and explained to us by the
Holy Prophet and his companions. (Mohammad Tariq Bucha, TheNation 7th
May)

Rule of law
Rule of law: In a society devoid of any respect for the principles of
equality, human dignity and equal rights for all, where articles of the
451

constitution are flouted and where there is inherent discrimination on the


basis of class, caste, faith and sect, how could we have rule of law. Where
there is no social justice, there can be no rule of law.
Even if laws do not always favour the rich and the mighty, their
dispensation does. If the tussle is between the wealthy and the poor, the
wealthy will win. If it happens to be between the rich and the rich, the one
who has got the institutions of the Pakistani state establishment, at any level,
on his side will prevail. This can happen in a police station, a debriefing cell,
a lawyers chamber, a court of law, a government office or even on the
streets if powers that be decide to whip up emotions in a segment of society
and fund and facilitate the rallies.
Mind you, the media is making the urban middleclass forget that
courts of law are not limited to the high courts and the Supreme Court. There
are hundreds of courts functioning across Pakistan whose proceedings,
nature of cases, statements of witnesses, arguments of lawyers, remarks by
the judges and, finally, the judgments are neither reported nor followed up.
Exceptions are few and far between. There is little difference observed in
these courts even in this age of rule of law.
Nevertheless, who would support corruption and speak against the
rule of law? But neither could we abolish corruption nor establish the rule of
law unless the chronic structural issues faced by the Pakistani state are not
fixed. These issues are perpetuated by the remnants of a feudal class, big
businesses aided by affluent middleclass professionals largely belonging to
central Punjab and Karachi, post-colonial bureaucracy and omnipresent
military. Only if this precondition of fixing the structural issues is
understood and the link is established in the minds of those who clamour for
abolishing corruption and establishing the rule of law, they can succeed.
The fundamental problems of class discrimination and redistribution
of wealth, identity and ethnicity, womens rights and exclusion of minorities
can only be resolved by an uninterrupted political process, free and fair
elections, supremacy of parliament and progressive legislation in the
federation as well as in provinces. It does require a self-aware and conscious
electorate. But this awareness also evolves with the process.
Undoubtedly, Pakistan still is a plutocracy a democracy of the rich.
But it is changing and can only turn into a peoples democracy through a
democratic process, not by a whiplash, a stroke of the pen or instituting a
technocratic government. This seems a long haul. But there are no shortcuts
in history.
452

Today, the incumbent government is accused of mammoth corruption


by its adversaries. Interestingly, by those who were themselves responsible
for the cooperatives scam which impoverished the already poor, bank
defaults, the freezing of foreign currency accounts which badly affected
foreign remittances, patronage and kickbacks, etc. The selectivity of higher
courts works in their favour.
If the government is ousted, will the four million civil servants start
functioning honestly? Will the rich start paying taxes? Will the generals and
top bureaucrats relinquish their undeserved privileges? Out of 8041
beneficiaries of the NRO, only a handful are politicians. The overwhelming
majority is of bureaucrats followed by businessmen. I reiterate: Nothing will
change if the structural issues are not addressed. The only way to do that in
the present time and age is continuing with the democratic process. (Harris
Khalique, The News 4th May)

Defiance of judiciary
What the verdict means: The Prime Minister was found guilty of
contempt for not obeying the court. He has not scandalized the court in the
sense of having made any accusations against any judges, but he has not
obeyed its orders that is a common cause of conviction for contempt. The
courts have the power to punish precisely because of this, and parties are not
supposed to scandalize members of any court not because they are above
criticism, as because if they are impugned, their effectiveness as judges
would be affected.
Thus, the Prime Minister not just wishes to go through the appeal
process, but would like the Speaker of the National Assembly to sit on the
reference. The calculation there would, probably, be that the Speaker would
be able to delay the process because though the Constitution specifies that
questions of eligibility are to be referred by the Speaker to the Chief
Election Commissioner, there is no mention of how long the Speaker is
supposed to take. However, Mr Gilani knows that, just as much as no PPP
Prime Minister will send the letter, no PPP Speaker will send on the
reference. The delay by the Speaker needs not be outlandish because there is
less than a year left for the present Assemblies term, and though the issue
will have to be determined if Mr Gilani wants to contest again, if the
Speaker cooperates, there is no reason for him to be unseated. However, if
he is not unseated, and if he files papers in the coming, or any subsequent
election, any of his opponents is likely to challenge his candidature.

453

The question of one persons candidature is not involved. At stake is a


precedent. The judiciary cannot countenance Mr Gilani putting his own
interpretation of the Constitution ahead of its own, as it believes that the
Constitution itself has made it the ultimate interpreter of the Constitution. It
cannot accept competition without losing its purpose. Therefore, Mr Gilani
and President Zardari should not expect what they seemingly want, state
authorities which give decisions to support the actions of the PPP. This
desire for all state authorities to do what the party wants is the result of the
strand within the PPP of its believing itself a vanguard party in the Leninist
mould, and there is the strand within it of being Bhuttos party, to the extent
that the immunity it confers should extend to his son-in-law. Since the
Supreme Court is not falling in with this, its conviction of the Prime
Minister for contempt does not find favour with it.
The obvious solution, especially since the parliamentary term is so
advanced, is for the Prime Minister to advise dissolution and go to the
country. However, a curious coincidence of dates has meant that PPP CoChairman Bilawal Bhutto Zardari will not be old enough to contest them,
unless Parliament goes to its full term. As he is the designated heir, and is
due to become Prime Minister, he cannot be made to sit out the next
election, both because it would, probably, mean his staying out of office for
yet another term, and because he is to be the main plank on which the PPP
will contest the next election, having otherwise a patchy record of
governance.
The reason the PPP is protesting so hard is because it wishes to revive
the sentiment that the establishment, a nebulous enough concept made
even more nebulous when made to include the judiciary, is against it. The
fault of the Supreme Court is not that it tried to ensure the rule of law, but
that it did not try to ensure the supremacy of the party. (M A Niazi,
TheNation 4th May)
Long march: General Asif Nawaz Janjua, the tenth chief of army
staff (COAS), had decided to play neutral. On November 10, 1992,
Mohtarma Benazir Bhutto, in a rally in Faisalabad, appealed to the masses to
come out and send the government of Nawaz Sharif packing. On
November 10, the PPP-led Pakistan Democratic Alliance (PDA) gave a call
for a Long March for November 18.
On November 15, 1992, PM Nawaz Sharif and General Asif Nawaz
met to discuss the long march. Here is what happened on November 18:
Begum Nusrat Bhutto was baton charged at Bhatti Chowk. Farooq Leghari
454

was also baton charged. Aitzaz Ahsan, Jahangir Badr, Ghulam Mustafa Jatoi,
Qaim Ali Shah, Gen (r) Naseerullah Baber, Maulana Kasur Niazi and
Salmaan Taseer were all arrested. Mohtarma Benazir was arrested and
deported to Karachi. End of the long march.
General Abdul Waheed Kakar, the eleventh COAS, decides to
intervene. According to Sabir Shahs A political timeline of long marches in
Pakistan, while Benazir Bhuttos first long march in November 1992 failed
to achieve her desired purpose, her second attempt reaped rewards as both
Nawaz Sharif and the then President Ghulam Ishaq Khan were shown the
door by Army Chief General Waheed Kakar Long march successful.
General Ashfaq Parvez Kayani (PA-12850) became the fourteenth
COAS when General (r) Pervez Musharraf (PA-6920) was the president of
Pakistan. General Ashfaq Kayani had decided to play neutral in the midst of
the political-cum-constitutional gridlock. On May 17, 2008, the Pakistan Bar
Council (PBC) announced a long march from Lahore to Islamabad. On June
14, 2008, a long march was undertaken. The black coats claimed that this
Long March will prove the last nail in the coffin of Musharraf...
On June 14, Anne Patterson sent out a confidential cable titled Long
march ends with no decision on judiciary. The cable reads: The Long
march of the lawyers movement ended quietly in Islamabad, leaving
supporters disappointed, disgruntled and no closer to a solution on the
judicial restoration issue than when the march began. The black coats
without the khaki vardis failed. End of the long march.
General Ashfaq Kayani, the fourteenth COAS when Asif Ali Zardari
(PA-nil) was the president of Pakistan, decides to intervene. On March 12,
2009, Pakistans civil society supported by political workers had begun
assembling in several cities for the long march to Islamabad. Nawaz Sharif,
Aitzaz Ahsan and several leaders of the Lawyers Movement were put under
house arrest. On March 15, the police guard blocking Nawaz Sharif from
leaving his house somehow evaporated in thin air. General Kayani
intervened and the long march was successful.
Question: Who in Pakistan converts a long march into political
action? Moral of the story: Never confuse a long march with action or one
would be left disappointed and disgruntled.
In the meanwhile, Unesco has ranked Pakistan the second most
dangerous country for journalists. Pakistan now stands at the fourth position
in premature births and Indian bananas are selling for Rs240 a dozen. (Dr
Farrukh Saleem, The News 6th May)
455

Now a long march: It might seem that the opposition is holding this
series of rallies with the elections in mind, but Mian Nawaz has his attention
focused on the $60 million in the impugned Swiss account, about which the
Prime Minister was so adamant in refusing to write a letter to the Swiss, that
he preferred to be convicted by the Supreme Court. By promising to get this
money back, Mian Nawaz focused on the issue at the heart of this campaign.
If only elections were the motive, the Swiss accounts might not have figured
so prominently. Mian Nawaz related this to the Constitution.
However, there is a need to carry out some self-accountability. The
opposition has also to ask itself if it has done anything to help solve the
common mans problems, which range from price inflation to loadshedding,
the latter becoming a pressing problem now that summer has started. The
problems facing the average citizen also include deteriorating law and order,
as well as a foreign policy that involves constant violations of sovereignty,
shown by how the USA felt free to launch another drone attack in North
Waziristan, both after its previous attack which killed schoolgirls and
destroyed their school, and the supposed reset of relations after the Salalah
massacre as well as the parliamentary joint sitting which was supposed to
review them. Without a solution to these problems, neither government nor
opposition might find it easy to interest people in the debate on democracy
and constitutionalism. The issue has got to be seen by people as relevant to
their concerns before they will come off the fence and join any movement
trying to force the Prime Minister to obey the courts. The people have to see
the government solving their problems or the government-in-waiting as
having those solutions, if they are to move. (Editorial, TheNation 7th May)
Diversionary tactic: With the detailed judgment of the Supreme
Court yet to decide his fate, Prime Minister Gilanis visit to Britain
commencing from May 8 would raise many an eyebrow. His entourage
consisting of six federal ministers would discuss matters of bilateral
importance. Talks between the two sides would include strategic dialogue
initiated during Prime Minister Camerons visit to Pakistan last year.
Under the circumstances, when there is an assumption held by a
sizeable number of the legal fraternity in the country and the mainstream
opposition party that he is no longer the Prime Minister after conviction
from the Supreme Court, he ought to have taken cognizance of the new
reality and deferred the tour till the announcement of the detailed judgment.
It might have earned him some applause if the visit had been rescheduled.
Were the talks so blindingly urgent that they had to be carried out right now?
The impression is that it is another diversionary tactic something that the
456

PPP government has got it down to a fine art. His statements about his return
to hometown Multan indicated albeit for a moment that he understood the
gravity of the situation and also might step down if the detailed judgment so
required. However, the planned trip to Britain lends credibility to those who
point towards his obduracy to stay in power come what may. Already the
political classes, civil society and the legal fraternity are simmering with
resentment demanding that he step down. The PTI took out a solidarity rally
in Islamabad on Sunday amid plans that the protests would continue till the
PM tenders his resignation. There are other political parties like the PML-N
that are also busy mobilizing the people to gather for the same purpose.
Broadly speaking, given that the office of Prime Minister is the highest
executive position, any slur or allegations for corruption that makes the post
controversial stipulates a resignation. It goes without saying that this is in
line with the democratic traditions the world over. Banking on argument that
the court detained him for 30 seconds, and that was the only punishment do
not have a leg to stand on. Also certain quarters are worried about the legal
status of the agreements that would be signed since the conviction has put a
big question mark on his premiership.
Although the trip had been planned for months, it would have been
more fruitful after the detailed judgment had put minds at ease. (Editorial,
TheNation 7th May)

Provincial disharmony
New provinces: It seems that the PPP has once again misstepped. It
has made the mistake of mixing the defence of Prime Minister Gilani with
the issue of new provinces. It has not only committed the blunder of passing
a resolution in the National Assembly on South province, but has also passed
a constitutionally and procedurally meaningless vote of confidence in Mr
Gilani. The resolution of confidence, also passed by the Senate, was meant
as a reply to the Opposition protests at Mr Gilanis presence in the House, to
which it feels he has become a stranger after his conviction for contempt by
the Supreme Court. The PPP used the absence of the PML-N to push
through these measures. However, that particular response has provoked the
opposition into moving a resolution calling for four new provinces, South
Punjab, Bahawalpur, Hazara and Fata. That means that both major parties
have come out in favour of new provinces, which is strange considering the
need for national unity at this juncture. It should also be noticed that the
PML-N would like to further split the South Punjab province. There is more
disunity ahead. At the moment, no one has raised what might well be the

457

most controversial and divisive issue of all, the division of Sindh, where the
Muhajirs, in the shape of the MQM, have been accused of wanting a
Jinnahpur province for themselves. The PML-N, while it is absorbing the
blow that the PPP has launched at it, has not responded with this. Perhaps it
realizes that the move, while providing momentary satisfaction, will only
undermine national unity.
Quite apart from the invalidity of the resolution passed by the
National Assembly, or that moved before it, the controversy following Mr
Gilanis conviction has forced the respective parties to take clear-cut
positions, even though insufficient thought seems to have gone into the
entire process. The contours of a South Punjab province have yet to be
determined, and the other provincialist ghosts in the machine have still to be
dealt with. The PPP is under the impression that, in this election year, it can
overcome its own record of not solving the peoples problems, as well as Mr
Gilanis conviction, by raising the provincialist slogan. As the PML-N has
shown, two can play at that game. This is not to ask the obvious question of
how this province is to finance its new army of ministers and bureaucrats.
However, both parties need to consider whether what they have done befits
national parties, and take appropriate corrective measures. (Editorial,
TheNation 5th May)

Baloch militancy
Before it is too late: What the Supreme Court bench headed by Chief
Justice Iftikhar Chaudhry is doing in the context of Balochistan is the basic
responsibility of the government. Disappearances, discovery of mutilated
bodies and target killings have been on the rise. Of late, sectarian strife has
reared its head making the law and order situation still worse.
The people of resources-rich Balochistan are suffering a twin-headed
menace of internal and external conspiracy. US Congressman Dana
Rohrabacher tabled a resolution in the House of Representatives seeking
independence of Balochistan. The authorities indifference has created a
volatile situation. The federal and provincial governments have only paid lip
service to the cause of the Baloch without taking concrete step to undo their
sense of deprivation. Under pressure from the Supreme Court, missing
persons are being produced. But that is not enough. There is urgent need for
the ruling leadership to realize that the policy to please only the sardars
and nawabs would get them nowhere. They must deal with the true
representatives of the people and make a serious effort to heel their wounds.
The policy of wait and see must be shunned. (Editorial, TheNation 4th May)
458

Turf war in Karachi


Lyaris troubles: There appears to be no end in sight to the violence
which is tearing Lyari apart Interior Minister Rehman Malik has said that
the government will hold a meeting to review the law and order situation in
Lyari and that all coalition partners should help the government cope with
the problem. Little good is expected to come out of this exercise as the
government has held similar meetings and sessions before with no change
for the better. The situation simmers down only to reignite later. Earlier,
Sindh CM Qaim Ali Shah, who is also holding the post of home minister,
had said the Rangers might be called into help the police. But in the same
breath he had also claimed that Rangers were already involved and assisting
the police. This indicates that the government sees the situation beyond the
control of the police.
The precise nature of events taking place in Lyari is also unclear. On
Tuesday, amidst growing criticism from human rights groups over the
displacement of people from Lyari and following protests by Sindhi and
Baloch communities in various places, Sindh Information Minister Shazia
Marri had said the government was willing to enter into talks with the
gangsters who the CM says also include Taliban men. This is somewhat
unusual. It is no secret that criminal groups in the city enjoy political
protection and unless they are deprived of that shield, we cannot expect
things to get better. Marri also said relief camps were being set up for those
fleeing Lyari. We must hope this does indeed happen as the situation in the
locality has affected the lives of hundreds. There is an urgent need to bring
things under control although, sadly, it appears that it will take time. It will
also take political will and sincerity which the coalition government in Sindh
is not exactly famous for. (Editorial, The News 4th May)
Turf War/P Politics
A trinity of power: The trinity of power that is the alliance of the
PPP, the ANP and the MQM. Together they have wielded power like a
weapon of mass destruction to protect and serve themselves in ever greater
and more breathtaking attempts at corruption and mismanagement. In every
way, from covering for each other to thwarting all attempts at accountability,
they have joined together to achieve and hold high office come what may
but always, Karachi is the anomaly.
Again and again during this trinitys rule Karachi has suffered the
burning of its infrastructure, the maiming and killings of its residents and the
shutdown and destruction of its businesses. The pall of despair that lies over
459

the city envelops the people who have no stake in the power games played
by their overlords but wish only to live their lives and earn their living in
peace. What lies behind the repeated warfare in Karachi is something that
has been speculated on and reported by many journalists and writers and
news channels.
The quest for a share of Karachis spoils ranging from protection
money to land-grabbing and far beyond is no secret for anyone least of all
the small business owners of this benighted city. There are no opposing
philosophies or principals or morals at stake here, just money and moneygrubbing by political parties that eschew opening their finances to the public
eye and never talk of campaign finance reform or Article 17.3 of the
Constitution if they can help it.
In the meantime Karachi has become numb desensitized to the
violence and the brutality and the sheer numbers of those killed, of cars
burnt, of businesses set on fire, of body bags and guns and sirens. It is a
theatre of war fought between the unholy trinity that governs Pakistan and
the farce lies in the simple fact that it is to this trinity we look for salvation.
The three political parties that together govern the nation have a curious
relationship with each other when it comes to Karachi. Adhering most
zealously to the all for one and one for all mentality where everything else
is concerned, the mention of Karachi seems to galvanize them into the
every man for himself camp.
It is truly a lesson in cognitive dissonance to see these three
functioning like a well oiled machine at the centre but tearing into each other
like rabid dogs at the periphery. It is a turf war they fight over money, power,
influence, criminal rackets, drugs and kidnappings. We elect them and reelect them based mostly on ethnic, language and religious affiliations and
they freely choose to exploit these differences in order to consolidate and
expand their lucrative criminal ventures in Karachi.
The foot soldiers who carry out the murders and shootings and arson
are not the ones that will make or break Karachis peace it is the political
masters they serve whether directly or through politically-allied middlemen
who will decide when enough is enough and stop.
When the violence escalates and the body count reaches horrifying
numbers we hear again the perpetual call from residents, businessmen,
shopkeepers to call in the army to control the violence. But there is an
inherent problem in that neat solution because those who are officially and

460

constitutionally supposed to do the calling are deaf and dumb and the army
has stronger calls to answer.
The history of the armys involvement in policing Karachi is a litany
of collateral damage and tepid improvement. It says a lot that the residents
of Karachi are willing once again to roll the dice on collateral damage and
the suspension of human rights in order for even a slight improvement in the
situation. But stretched to the limit and having sustained hits on its
installations, its credibility, its effectiveness and most importantly its image,
this army cannot open another front and especially not in Karachi where the
caches of hidden and extremely high-end weaponry are conservatively
estimated to be formidable.
They will not come and their strategic withdrawal from the board will
be comfortably covered by a civilian government for whom the act of calling
for the army would be an open declaration of its own ineffectiveness,
disastrous mismanagement and culpability in the devastation of the city.
Pakistans opposition parties have a great deal to answer for as far as
Karachi is concerned. The quid pro quo nature of their relationship with the
trinity of power is glaringly obvious when we see the reshuffling and
rescheduling of prosecutions in various cases against opposition leaders and
their reciprocal focus on minutiae rather than the burning issues of the day.
Their silence on Karachi is proving to be the impetus that the protagonists in
Karachis violence need to prolong their power plays and as such, they are
morally culpable in the carnage that envelops the city.
The circus has already come and been from Karachi last year when
the violence escalated to a point where even the most adamant Isloo ostrich
was forced to look up and see what was happening in the port city. Suddenly
Karachi was deluged in ministers, MNAs and political party representatives
when the esteemed judges of the Supreme Court of Pakistan started their
hearings.
In open court our head of police services decried his ability to do his
job as most of his police force obeyed the call of political and ethnic duties
rather than their duty to maintain law and order. Briefings were given, tapes
were heard, videos were shown and shocked jurists spoke of their horror at
what they saw.
Despite the good intentions of those who chose to examine the
situation and bring it out of the shadows into the clear light of day, the
ineffectiveness of their endeavour was obvious in Karachi just months later.
Clear directions were given, road-maps to establishing the rule of law were
461

set out, specific orders to specific departments were spelled out, a schedule
of follow-ups was given and still yet there was no compliance. Perhaps it is
time for the jurists to return once more to Karachi, this time wielding the
stick rather than the carrot.
The political-criminal nexus that shows itself so blatantly in Karachi
is a symbiotic partnership that benefits both sides in attaining and
consolidating power and escaping accountability. To break this nexus is a job
for a giant but it has been done in other countries and in other times. The
most telling blow always comes, not so surprisingly, from opening up the
finances of political parties and their member politicians, requiring the
publication of donor names and sources of income and ascribing and
enforcing strong legal consequences to the falsification of party and
politician financial information.
It can be done by passing campaign finance reform laws in parliament
to entrench transparency of funding as was done in the US or by the
establishment of an independent advisory body to scrutinize and monitor the
flow of money to parties and politicians as is the case in the UK. It can be
done but it requires that rarest of things in Pakistans leadership aspirants
one honest man. (Raana Shah, The News 4th May)
Living in the gangstas paradise: Lyaris always been known for
drugs. Male chauvinism takes a backseat, as women remain active drug
suppliers while the men spend their time playing with the latest weapons and
managing the (not so meagre) finances. The Lyari drug mafia was
predominantly controlled by Rehman Dakait since the 90s, with gang lord,
Haji Lalu, joining in to manage operations a decade later. Both guarded their
turf, and it was business as usual, until late 2002. Both Rehman and Lalu
had a serious falling out over money, what else which triggered a gang
war in the area.
With time, Rehman gained strength and support, over Lalu and other
gangs of Lyari so much so that his power was acknowledged in political
circles. Rehman then decided to give his group a makeover; a social,
reformed group emerged who we now know as the Peoples Amn Committee
(PAC). Rehmans aim was to nab a parliament seat but his ambition was
halted in 2009 when he was killed in an alleged police encounter led by
Chaudhry Aslam. Uzair Baloch became Rehmans successor, but under him,
the PAC no longer exists as a united and disciplined force. Regardless of
what the PACs political posturing may be, it is true that the group runs
gambling dens, is involved in smuggling of arms and drugs, extortion,
462

kidnappings and yes, killings. The fact that they have been allowed to
continue with such a free hand, and for so long is a moot point. But why
crack down now?
Simply because the PAC is costing the PPP way more than it had
bargained for. The MQM-PPP alliance has been uneasy from the word go,
but because its support at this critical juncture in Pakistans politics is crucial
for the governments survival, the PPP has decided to pull the plug on some
of the troublesome elements within the PAC. The MQM which is seeking
to control Lyari as one of its key constituencies is only too happy with the
truth finally making its way out on how the big, bad boys of Lyari have been
militarized to counter them. The Katchi Rabita Committee who are also
supporters of the PPP have asked for the president to intervene, while the
business community has also had enough.
Its the easiest lesson to learn but one that we seem to have sworn to
ourselves we never will. Pakistans powerful establishment has cultivated
militant groups making them strategic assets in the hope of using them to
control the region and outdo its neighbours. Similarly, the Pakistan Peoples
Party armed and supported the Lyari gang lords to maintain an upper hand
over one political party, its own ally at that.
When will we ever learn that militant groups are not reliable partners,
and using them as an alternate force will backfire? By creating militant
groups, Pakistan has only jeopardized its own stability. Meanwhile, groups
such as the PAC, will only hurt PPPs own ability to negotiate to gain its
preferred outcome. The sign of political loyalty seems to have weaned off:
Nabeel Gabol was attacked when he set foot in Lyari while their godfather,
Zulfikar Mirza, dines in cozy little restaurants in Karachi I guess, theres
little else he can do. Rehman Malik too is droning on endlessly about his last
warning to gang lords but its obviously having little effect.
Food, water, gas and power are scarce as the Operation Lyari enters its
48-hour ceasefire. Patience is running thin, but Chaudhry Aslams resolve
and cigarettes show no signs of running out. The Rangers may be entering
soon but will there be a genuine clean-up operation? I doubt it. The
establishment has its own benefits to reap from the PAC. This group, that
predominantly comprises criminals, gives the establishment a free hand at
manoeuvring constituencies. Its stature is nit exactly that of Difa-e-Pakistan
Council they are the fearless defenders of the country but the PAC is
good enough to give some parties a tough time in Karachi. Then theres

463

always the one odd anti-US rally that needs to be organized in the
metropolitan city, and who better than the good ol Lyari boys.
The ongoing operation in Lyari may succeed in nabbing the rowdy
gangsters Uzair Baloch, Baba Ladla, Rashid Rekha to name a few but
will Lyari then return to peace? Probably not. Individuals may come and go,
but until our security establishment and political parties rid themselves off
militant wings, we may never know peace. (Sana Bucha, The News 6 th
May)

REVIEW
Amid PML-Ns noisy protest in National Assembly on 3 rd May, the
PPP and its coalition partners delivered two counter-punches, once each on
the Judiciary and PML-N. These punches were delivered in the form of two
motions moved and adopted hurriedly. One was upper-cut at PML-N aimed
at carving out Seraiki Province out of Punjab and the other was a straight
one in the face of Judiciary that reposed confidence in the convicted Gilani
as Leader of the House.
Most of the time thereafter, either side worked over time in hurling
accusations at each other. Both sides as usual resorted to easy way out each
time an allegation was leveled against them; they hurled back counter
allegations. The right way in a civilized society is to defend oneself by
proving ones innocence.
But, that is gentlemans way of doing things and then politics in our
part of the world is not the game for gentlemen. Some people despise their
acts terming them mud-slinging. Politicians in Pakistan, however, take it as a
ritual of mud-bath which is considered by many as a remedy for some of the
skin ailments.
These men and women are the chosen ones courtesy electoral
process. Once elected none of their acts can put them to shame; for
everything that goes wrong because of them they would always point finger
at some one else and they would always claim that the truth is what they say.
This is the beauty of democracy; they have the right to have their own
viewpoint.
Judiciary, which is one of the means to exercise check over them, has
been inclined to exercise judicial restraint in their case for the last few
years just to preserve the beauty of democracy. Even in a case of ridicule of
judiciary the judges have preferred to sleep over the detailed judgment as
464

analysts kept scratching their heads bare in their endeavour to understand the
wisdom, or absence of it, in the short order passed by seven-member bench.
The PML-N has pretended to endeavour for setting things right, but its
unstated aim is quite obvious. It has launched a campaign to get political
mileage out of conviction of Gilani. The solo flight of Nawaz, however, is
likely to take him nowhere because of formidable ruling coalition backed by
the US. In case of PML-Ns failure, Zardari will emerge stronger to defy
Judiciary and to further tame the Army.
Meanwhile, Zardari has been busy in Karachi in killing two birds with
one stone. Police launched operation in Lyari has two contrasting aims, i.e.
taming of the gangsters that were inclined to revolt against PPP leadership
and at the same time winning heart and mind of MQM at this critical
juncture of PPPs rule. Killing of some innocent people and policemen only
in a week-long operation strengthens this inference.
7th May, 2012

IN THE REGION-VI
The fourteen point resolution adopted in joint session of the
Parliament for revisiting Pak-US bilateral relations and negotiating new
465

terms of engagement in the ongoing war failed to make any headway during
the last two weeks. Marc Grossman visited Islamabad but refused to revisit
Americas stance on drone attacks and apology over Salala massacre.
Pakistans civil and military leadership shakily stood its ground on
resumption of NATO supplies. Grossman went back apparently empty
handed and Americans wasted no time in serving their displeasure in the
form of drone attacks in Waziristan and coaxing Pakistani militants, which
have been provided safe heavens in Kunar, to perpetrate terror in Bajaur
Agency
Across the western border, puppet Karzai finally succumbed to
American pressure and Obama landed in Kabul on a surprise visit to sign
strategic partnership accord that would ensure US military presence in
Afghanistan at least for ten years after 2014. Afghan Taliban rejected this
agreement terming it a sell-out and soon after Obama left there was bomb
blast in Kabul.
The rulers in Islamabad as well as in Lahore were quite excited over
increase in volume of bilateral trade between Pakistan and India believing
that Pakistans economic prosperity rested in this. Army Chief had also
unduly emphasized the need for solution of Siachen dispute and then few
days later had to say that for clapping one needs two hands.
The major event of the fortnight was the first anniversary of
Abbottabad raid carried out by US Special Forces. Defence Minister availed
the occasion by claiming Pakistan government and agencies role in killing
of Osama and few days later he declared blocking of NATO supplies as
violation of international law. The documents released by the US revealed
that Osama was deeply concerned over terror attacks inside Pakistan and
killing of innocent people.

NEWS
Pakistan: On 23rd April, the police arrested two suspected terrorists
in DI Khan, who were allegedly involved in suicide attacks on DPO office
and DSP city circle besides major target killing incidents. DPO said the two
notorious terrorists belonged to an outlawed organization and had confessed
to their involvement in dozens of suicide attacks and target killing incidents
across the district.

466

The Supreme Court heard Husain Haqqanis application, seeking the


courts permission to record his evidence before the Memo Commission via
video conference. During the hearing, the Chief Justice asked Asma
Jahangir: Keep it in your mind that you have made commitment to us to
produce Haqqani. He also said that the courts orders should be respected.
Asma said she wanted that not only orders of the apex court should be
respected but also the laws of the land. She stated that the Commission is of
the view that her client should appear in person before it. She said her client
was neither an accused nor had an FIR been registered against him, but the
Commission had still not allowed video conferencing.
Chief Justice told Asma that the court could not interfere in affairs of
Commission. Asma said that Commission had presumed in its February 10
order that it was prohibited by the SC not allowing her client to record his
evidence via video conference. The Commissions February 10 order was
not attached in the paper book of the case; the court asked the counsel to
provide that on April 24.
Next day, terrorists targeted passengers at Lahore City Railways
Station evening by exploding a high-intensity bomb, which left two people
dead and injured more than 55 others. The explosive device was detonated
when the passengers were disembarking from the Peshawar-bound Awam
Express. No group claimed the responsibility yet.
The Supreme Court while disposing of Husain Haqqanis application
to record his statement through video link, said that the Judicial
Commission, probing the memo scam, is independent and ordered it that
without being prejudice may adopt any procedure for recording the
statement of anyone as desired by it. The court on January 30 had said:
Haqqani will be bound to return to the country on four days notice if his
attendance is required by the Commission or by this court.
During hearing Asma contended that order of apex court does not bar
the Commission, in any manner, to extend the same facility to Husain
Haqqani as given to Mansoor Ejaz. She prayed to the bench to look at her
clients application with compassionate mind as Haqqani is getting threats
on emails and twitter, fearing for his life and if he would come back it is
feared he might be killed.
Justice Khawaja inquired who are hurling threats to her client. She
replied that militants and right-wing people, adding, that booby-traps are set
for her client. The message like ISI should kill all the traitors is received on

467

routine, she added. Justice Saqib Nisar questioned if the court had not
allowed Haqqani to go abroad then what would he had done in this situation.
The Chief Justice said they also receive threats but are not afraid of
performing their duties. He asked Asma that you gave assurance to the court
that whenever his (Haqqani) attendance is required he would appear before
the Commission in four days notice. Asma argued that if the court had laid
down the law then why not everyone take advantage of it. The counsel
maintained that equal opportunity should be given to all. She further said
that there is nothing left against her client in the case.
US commanders accepted there is a limit to the steps Pakistani leaders
are willing to take toward halting the flow of drugs and bomb-making
materials in Afghanistan. The Taliban and remaining al-Qaeda forces have
long benefited from the relative freedom they enjoy on Pakistani soil,
something Maj-Gen John Toolan calls a source of frustration.
On 25th April, Cameron Munter held a meeting with President at
Bilawal House and discussed relations between the two countries. The
meeting took place at a time when the US and Pakistan were going to hold
high-level talks on resumption of NATO supplies. In Islamabad, a high-level
meeting was held at Prime Minister House to evolve governments strategy
about dealing with the US on fresh terms of re-engagement in light of the
recommendations of the Parliament.
The government would likely have a detailed discussion with United
States Special Envoy for Afghanistan and Pakistan Marc Grossman-led
team which had landed in Federal Capital to participate in the two-day sixth
trilateral meeting of the core group of Pakistan, Afghanistan and the United
States mainly to discuss the post-NATO forces withdrawal scenario in
Afghanistan.
Minister of State for Communication informed the National Assembly
that estimated rehabilitation cost of roads being used by NATO containers is
$1500 million. To a question Mazari informed that the government was
taking a routine amount of road tax however they have now decided to get
$2500 per container.
Husain Haqqani said that he is only demanding equal rights as per the
law from the court in the legal proceedings and has not sought any
concessions. Haqqani said he was handicapped from traveling to Pakistan
only because of health and security issues. Had these considerations not
been there, I would have returned to the country without any further delay,
he maintained.
468

Next day, Pakistan and the United States started formal talks for
reengagement after a nearly six months pause and completion of foreign
policy review by the Pakistani parliament. During the talks that lasted for
more than an hour, the two sides discussed a host of issues including
restoration of NATO supplies, illegal US drones strikes, Salala attack,
Coalition Support Fund (CSF), trade and investment and counter-terrorism
cooperation.
Later addressing a joint press conference, Foreign Secretary Jalil
Abbas Jilani and Grossman reiterated commitment between Islamabad and
Washington to an enduring relationship. Washington respects the Pakistani
parliamentary review on new contours of relations and the seriousness with
which it was carried out, Grossman said, adding: We respect the
Parliaments review process because we respect the democracy.
Expressing regret and sorrow on the Salala incident, he again offered
condolence on behalf of the United States on the incident in which 24
Pakistans soldiers were killed by NATO forces stationed in Afghanistan.
The US Envoy said efforts would be made that no such incidents occur again
in future. On the US drone attacks, he said that the US respects the
sovereignty and integrity of Pakistan and wanted to work closely with
Pakistani leadership.
Jalil Abbas Jilani said, Pakistan desires to reengage with the United
States as per parliamentary guidelines, adding that the bilateral relationship
should be based on transparency, trust and public ownership. He reiterated
Pakistans commitment to peace, security and stability in Afghanistan and
the region. On the question of restoration of NATO supplies, the foreign
secretary said the issue was part of the discussion with the US but no
decision had been taken so far.
Foreign Minister Hina claimed that the countrys military, which has
traditionally dominated Pakistan for much of its turbulent history, now has
less sway over foreign policy and that a new power equation is emerging
within the civil-military nexus. She said it in an interview with Reuters.
The Difa-i-Pakistan Council (DPC) announced to hold long march
from Peshawar to Islamabad if the government restored the NATO supply to
Afghanistan via Pakistan. A large number of people belonging to various
political-religious parties attended the conference at Quetta. DPC chief
Maulana Samiul Haq asserted that the restoration of NATO supply to
Afghanistan is not acceptable.

469

Osama Bin Ladens 14-member family was quietly repatriated to


Saudi Arabia on a special Saudi chartered plane late at night. His three wives
Amal Ahmed Abdul Fateh, Khairiah Sabar and Siham Sabar and nine
children were detained by Pakistani security forces after Abbottabad raid.
The American embassy barred its staff from visiting restaurants and markets
in Islamabad on the eve of Osama bin Ladens death anniversary.
The judicial commission on Memogate decided to continue its
proceedings in the absence of Pakistans former ambassador to US Husain
Haqqani after it once again rejected his application to record his statement
through video link. The commission will move on with the available
evidence and directed all the legal counsels for the petitioners, respondents
and the attorney general to further their arguments from May 3 onward on a
daily basis. The commission has also directed them to forward legal
arguments only avoiding repetition.
The commission observed that if we allow Haqqani to record his
statement through video link because of threats to his life, it would set a very
dangerous precedent. Anyone involved in heinous crimes like murders
would ask for recording his statement through a video link for the same
reason, the commission further observed.
The commission has directed Husain Haqqani to submit details of
utilization of secret fund on the basis of his recollection when he was
working as ambassador to US. At one instance the legal counsel for Husain
Haqqani, Zahid Bukhari argued that it should make public the record of
utilization of funds that the commission obtained from the foreign office.
Upon this the commission head, Justice Qazi Faez Isa, said that neither we
would make public the said record nor the record provided by you.
At the start of the proceedings advocate Zahid Bokhari argued before
the commission that the Supreme Court has left the matter to the discretion
of the commission to decide whether or not it will allow his client to record
his statement through a video link. Now there is no hurdle to decide the
matter. Upon which the commission asked Bokhari to justify his clients
non-appearance.
Advocate Bokhari said that his client has been facing serious threats
to life and he is also suffering from cardiac diseases. For these two reasons
he is unable to appear before the commission in Pakistan. Doctors in the US
have advised his client not to travel for health reasons. He has also been
receiving threats to his life on his Twitter account.

470

The commission asked Bokhari to read out the threats extended to


Haqqani at Twitter. Upon which the legal counsel for Haqqani read out that
someone has described him as Bhagora someone else has described him as
Nang-e-Watan, Nang-e-Deen and Ghaddar-e-Watan. He argued that
anyone in Pakistan could be killed once he is declared a traitor. There were
several other comments like that.
The commission asked Zahid Bokhari if the government could not
handle the threats; Bokhari said the government could not save a sitting
governor. He told the commission that one of the messages on the Twitter
said: my feelings for you and for the president are not different, even the
street boys should chop your head off. The message was from UK. Hearing
this the commission said it means Husain Haqqani is facing threats in
London too. Member of the commission Justice Musheer Alam said that
some other messages of this nature emanated from New York, which means
Haqqani is not safe in USA too.
Akram Sheikh said that previously before 18 th March Husain Haqqani
did not mention his illness and threats to his life. Before that he used to say
that he feared the security agencies with which Mansoor Ijaz had
connections. He said the commission has already dealt with the health
problems and threat perceptions of Husain Haqqani and it cannot deal with
the ever-changing threat perceptions. The commission till this date of
hearing has provided seven opportunities to Haqqani to appear. Akram
Sheikh argued before the commission that the right of representation for
Hussain Haqqani should be withdrawn.
On 27th April, the district police rounded up at least seven alleged
terrorists in Multan, involved in killing of two cops deployed at the
residence of a judge and a bomb blast at the congregation of Shia
community. Three terrorists had a link with Qari Imran Group of Tehrik
Taliban Pakistan while four others belonged to banned Sipah-e-Sahaba,
involved in sectarian violence and other activities.
Six policemen, including SHO, were seriously injured when a remotecontrolled bomb planted on a roadside in the limits of police station Rustam
of Mardan District blew up. Early in the morning, a police mobile van of
Charguli check post was passing by when the bomb went off. Ten to 15-kg
explosive was used in this blast.
Meanwhile, President Zardari emphasized the need for evolving a
mechanism for counter-terrorism cooperation between Pakistan and United
States through bridging the trust-deficit. Zardari urged that during a meeting
471

with Grossman at the Presidency. He said it was now the US turn to fully
appreciate the democratic course and to help Pakistan reach closure on
Salala by helping the Pakistan government following the path as indicated
by the Parliament.
According to Presidential Spokesperson, the president pointed to
many important areas where there was convergence of mutual interests. He
said most notable among those were the goals of stability and peace in
Afghanistan and the complete defeat of al-Qaeda. The president said
Pakistan had always maintained that drone attacks were highly counterproductive, the strategy inflamed public sentiments because of civilian
casualties. He said both the sides should consider setting up a framework of
mechanism to find mutually acceptable alternatives.
Grossman also called on Prime Minister Yousuf Raza Gilani, who
emphasized the need of building mutual partnership to achieve shared
objective of bringing peace and stability in Afghanistan which, in turn,
would strengthen peace and stability in the region. The prime minister said
the Pakistan had the commitment and resolve to confront the forces of
terrorism and extremism with the support of the public, as he sensitized the
US delegation about enhancing national capacity to meet the challenge.
Next day, Husain Haqqani said that the Supreme Court was giving
verdicts on ideological grounds rather than legal, and it was for this reason
that all judgments were unanimous. In an interview to a private TV channel,
he said no dissenting note had been given by any of the 17 judges of the
apex court in any case. This clearly meant that the basis of all decisions was
ideological, not legal.
To a question, he reiterated that he was not coming to Pakistan for the
time being because of medical reasons and threats to his life. He said he
could not trust the guarantees of those who failed to save the slain Salmaan
Taseer. He said propaganda against him had created a situation that he could
be killed by anyone.
He complained he had not been given treatment equal to Mansoor
Ijaz, whose statement had been recorded through video link. Haqqani said
now the memo commission would continue its proceedings without his
statement. Answering another question, he said some people in the military
institution thought that it was only their right to define the national interest
of Pakistan. He said the competence of such people could be gauged from
the fact that they did not know that Osama Bin Laden was in Pakistan and

472

they learnt about the US operation in Abbottabad only when it was under
way.
Responding to a question, he said he had indicated to the Pakistan
authorities that a day would come when the US would ask how OBL had
been living here and under whose shelter. He claimed former ISI chief Gen
Pasha had not conducted any inquiry against him. Instead, he said the
general was impressed by the four-hour meeting he had with Mansoor Ijaz.
Cameron Munter said that Washington had not fixed any head money
on Hafiz Saeed and it was miss-reported by Pakistani media. He said in fact
the announcement was made by the Reward for Justice Programme. As per
this announcement, the person who provides any information regarding
terrorism in any country of the world and the information leads to the arrest
of terrorists will be rewarded, he added. To a question, Munter observed
that Hafiz Saeed was the probable suspect of Mumbai terror attacks.
On 29th April, six militants were killed and two others wounded in a
US drone attack near the Afghan border. The drone fired two missiles
targeting a militant compound in Miranshah, the main town in North
Waziristan, known as a stronghold of Taliban and al-Qaeda-linked militants,
it was claimed. Attack came on the heels of failed visit of Marc Grossman.
At least one person was killed and 20 injured in a roadside bomb
blast. A bomb planted by roadside exploded at the time the local people were
passing by. As a result of blast, nine people sustained injuries and two of
them succumbed to their wounds. The beheaded body of a kidnapped ICRC
worker was found dumped at Airport Road of Quetta after abductors were
not paid $30m as ransom. Unidentified armed men had kidnapped Dr Khalil
Rasjed Dale, a Yemen-born British national, on January 5 from his office in
Quetta. Later, the Taliban claimed responsibility for his kidnapping.
Zawahiri remains in the Af-Pak region, a top US counter-terrorism
official said. We believe he (Zawahiri) is in that region of the world, as well
as other al-Qaeda leaders that continue to burrow into areas of the Af-Pak
region. Thats why were working very closely with our Pakistani partners,
the Deputy National Security Advisor to US President Barack Obama, told
CNN in an interview.
Husain Haqqani has been awarded by a US non-profit association for
his distinguished service for the advancement of public discourse on foreign
policy. The association, American Committees on Foreign Relations in its
17th Annual Conference gave this coveted Distinguished Service Award.
Haqqani on this occasion said the US should not view Pakistan only in the
473

purview of terrorism; and it should make Pakistan aware of its viewpoint


without using force. Patience and perseverance were crucial in diplomacy,
he concluded.
Next day, Pakistan Army celebrated Martyrs Day to commemorate
the sacrifices of the military men who laid down their lives in the line of
duty and organized Yaadgaar-e-Shuahada Parade at General Headquarters
in this connection. Speaking at the occasion General Kayani said, the way
Pakistani nation has stood by its army is really commendable and heart
touching. We are deeply thankful to our nation and we reiterate that Pakistan
Army would live up to the nations expectations.
He noted, despite these sacrifices, certain circles are out to malign the
military. But the army is united to foil any attempt that aims at destabilizing
this country. We have strived utmost to safeguard Pakistan and will keep
doing so, he said. Kayani said Pakistan is facing grave security challenges
and its armed forces, security forces and the people were united to sabotage
every move against Pakistan. Together we would defeat every challenge,
he resolved.
Foreign Office summoned a senior US Embassy official and lodged a
formal protest over Sundays US drone attack. The government strongly
condemned the US drone attack in North Waziristan saying that such attacks
are in total contravention of international law and established norms of
interstate relations.
President Obama's top counter-terrorism advisor John Brennan said
al-Qaeda was losing badly under a huge US assault; it was shadow" of its
former self and that its core leadership would soon be no longer relevant.
Brennan said the drone strikes were legal, ethical and proportional, and
added that Obama had instructed his officials to share more details about the
secret war.
On the eve of the anniversary of bin Laden's death, Brennan argued
that a relentless US drone campaign and other pressure had left Qaeda
seriously weakened, and unable to replace wiped-out leaders. He said that
some of the captured material would be published online this week by the
Combating Terrorism Center at the US Military Academy at West Point.
The widow of a Pakistani man shot dead by a CIA contractor last year
in an incident that sparked a major crisis in American-Pakistani relations,
was killed by her father for refusing to remarry, police claimed. Zahra
Faizan, 24, and her 50-year-old mother, Nabeela Shehzad, were allegedly
shot dead by Mohammad Shehzad in Lahore after a family quarrel.
474

On 1st May, security forces on a tip off initiated a search operation in


Gomal and rounded eight suspected persons. A cache of arms and
ammunition was also recovered during the search of militants. Next day,
Defence Minister Ahmed Mukhtar claimed the government and armys
hand in the hunt and killing of Osama bin Laden in Abbottabad. In an
interview with the BBC Urdu, Mukhtar said the slain al-Qaeda chief was
traced with the help of an abandoned mobile phone SIM, which according to
him, often remained off, adding that the SIM was found by intelligence
agencies. He said there was a mutual understanding between the United
States and Pakistan that anything emerged in Urdu would be handed over to
Islamabad, while the material found in Arabic or English was to be provided
to Washington for investigation.
He gave a vague answer when asked why Pakistan was being
criticized for despite its role in the killing of Osama bin Laden. When asked
why Pakistan was punishing Dr Shakil Afridi for providing clue against the
worlds most wanted man instead of announcing reward for him, the minister
said Afridi was being tried and he should give information to Pakistani and
not the US officials.
Security has improved in most parts of Afghanistan but insurgent
sanctuaries in Pakistan and pervasive corruption pose long-term and acute
challenges in the war effort, a Pentagon report said. It is also says thousands
of tonnes of military equipment intended for the Afghan army and police is
stranded in Pakistan, which for months has refused to reopen ground supply
routes for Nato convoys despite high-level US pressure. Unless Pakistan
reopens the routes, Afghan army units will face increasing shortages of
equipment, particularly of vehicles, it adds. The issuing of the report to
Congress came as US President Barack Obama made a surprise visit to
Afghanistan, signing a partnership deal with Kabul pledging US aid after
2014, when all NATO combat troops are due to leave the country. The
report, which covered the period from October 2011 to March 2012, says the
Taliban and al-Qaeda affiliates operating from sanctuaries in Pakistan and he
limited capacity of the Afghan government remained biggest risks to making
security gains durable.
Countrys military and political bosses gathered at the President
House where they agreed not to succumb to US pressure and ruled out
compromise on national security interests. At the meeting jointly chaired by
President Zardari and Prime Minister Gilani and participated by Army Chief,
they agreed that federal cabinet would decide the fate of NATO supplies,
sources said. The absence of a satisfactory official word on this more475

symbolic-than-substantive meeting gave weight to supposition that Gilanis


conviction in contempt case and subsequent opposition pressure for his
resignation was the most important issue at hand.
This meeting reinforced the idea of armys acceptance of Gilani as
PM and its support for PPP-led government. This was also expressed earlier
same day through a Kayani-Gilani-plus-associates moot at the Prime
Minister House. In that meeting, Gilani reportedly assured the army chief
that his party will not clash with the judiciary. However, he told him that
government will appeal his conviction in contempt case. The second most
pressing issue at the second meeting was future of ties with the US and
resumption of NATO supplies.
The participants also discussed regional situation in the wake of
Obamas Kabul visit, besides reviewing Pak-Afghan-US core group meeting
held last week, and reaffirmed total commitment to an Afghan-led peace
process. Some participants suggested President Zardari should boycott
Chicago Conference, however, no decision was taken in this regard.
Haqqani made it loud and clear that he had never applied for US
citizenship nor does he intends to obtain it in future. I am a born citizen of
Pakistan. I have never sought or obtained, nor do I intend to seek or obtain,
the citizenship of any country other than Pakistan, including the United
States. I have never sought, nor do I intend to seek asylum in any country,
including the US, he added.
The former Ambassador was responding to the Commissions query.
In a comprehensive application to the Commission, submitted through his
lawyers Syed Zahid Bukhari and Sajid Tanoli, Haqqani repeated his demand
for equal treatment and responded to all the points raised during the
Commissions last hearing. He also refuted propaganda against him that he
said was being undertaken to influence the Commission and repeated his
request that his statement be taken by video conference in the interest of
justice.
Haqqani further said that the Memo Commission had been
transformed into an arena to prosecute and persecute him instead of its
original purpose of finding facts about the memo sent by Mansoor Ijaz to US
military commander Admiral Mullen last year. Although the Commission
was constituted to conduct an inquiry and it had been said at the outset that
its proceedings would be inquisitorial in nature, it has been converted into a
virtual prosecution against me without even the filing of a formal charge or
registering a case, Haqqani said in the application.
476

He provided information about his apartment in the US and asserted


that he and his wife had not acquired any property since my appointment as
Ambassador. He also provided information relating to the Embassys secret
funds under sealed cover as demanded by the Commission while bringing on
record his concern about allowing discussion of such matters based solely
on the frivolous demands of counsel seeking media attention in utter
disregard of its implications for the conduct of Pakistans foreign relations,
national security and the rules governing the use of such funds.
Haqqani said he had informed the Attorney General of Pakistan about
threats to him emanating from Pakistan and had also written to the Chief
Justice of Pakistan in this regard. The US Federal Bureau of Investigation
(FBI) was also seized of the matter, he stated. Haqqani also defended
himself against claims that he had violated the undertaking given by him to
the Supreme Court before leaving the country to return at 4-day notice.
Haqqani requested that his counsel be provided a copy of all
videotapes of the proceedings of the Commission at Islamabad and the
Pakistan High Commission in London so that he has a complete record of
the proceedings before the Commission including the comments and
remarks attributed to the head of the Commission heard and reported by the
media in open hearings but not included in the written record of
proceedings.
On 3rd May, at least five persons including a Subedar along with two
other personnel of the security forces and two civilians were killed while
another sustained injuries in two separate bomb blasts in Bajaur Agency.
Planted by unidentified miscreants a bomb exploded at about 8:30am at
Chamarkand village in Bajaur Agency. The forces cordoned off the area and
launched a search operation, in which 12 suspected persons were arrested.
The United States released 17 documents found at Osama bin Laden's
compound in the raid that killed the al-Qaeda chief a year ago. The White
House allowed the declassified documents to be published online by the
Combating Terrorism Centre at the West Point military academy. The papers
include letters or draft letters dated from September 2006 to April 2011, a
total of 175 pages in the original Arabic. The documents reveal internal
correspondence inside the al-Qaeda network, including letters authored by
bin Laden and leaders of the group's affiliate in Yemen and fellow militants
in Somalia and Pakistan.
Bin Laden had planned to kill US President Barack Obama and
General David Petraeus, who then was the top US commander in
477

Afghanistan, and had issued instructions to Illyas Kashmiri to set up two


units to target Air Force One carrying them. He explained that the death of
President Obama would see the utterly unprepared Vice President Joe
Biden automatically assume the presidency, which would cause the US to
enter into crisis mode, and the killing of Petraeus would have a serious
impact on the course of the war, as bin Ladin considered him to be the man
of this (critical) phase, CTC said based on the analysis of these documents.
In letters from his last hideout, bin Laden fretted about dysfunction in
his terrorist network and crumbling trust from Muslims he wished to incite
against their government and the West. I plan to release a statement that we
are starting a new phase to correct (the mistakes) we made, bin Laden wrote
in 2010. In doing so, we shall reclaim, God willing, the trust of a large
segment of those who lost their trust in the jihadis.
A US analysts' report released along with bin Laden's correspondence
describes him as upset over the inability of spin off terrorist groups to win
public support for their cause, their unsuccessful media campaigns and
poorly planned plots that, in bin Laden's view, killed too many innocent
Muslims. Bin Laden adviser Adam Gadahn urged him to disassociate their
organization from the acts of al-Qaeda's spin off operation in Iraq, known as
AQI, and bin Laden told other terrorist groups not to repeat AQI's mistakes.
The correspondence includes letters by then-second-in-command Abu
Yahya al-Libi, taking Pakistani offshoot Tehrik-e-Taliban Pakistan to task
over its indiscriminate attacks on Muslims. The al-Qaeda leadership
threatened to take public measures unless we see from you serious and
immediate practical and clear steps towards reforming (your ways) and
dissociating yourself from these vile mistakes that violate Islamic Law, alLibi wrote.
And bin Laden warned the leader of Yemeni AQAP, Nasir alWuhayshi, against attempting a takeover of Yemen to establish an Islamic
state, instead saying he should refocus his efforts on attacking the United
States. Bin Laden also seemed uninterested in recognizing Somali-based alShabab when the group pledged loyalty to him. The US said the letters
reflect al-Qaeda's relationship with Iran a point of deep interest to the US
government as not one of alliance, but of indirect and unpleasant
negotiations over some al-Qaeda terrorists and their families who were
imprisoned in Iran.
Nothing in the papers that were released points directly to al-Qaeda
sympathizers in Pakistan's government, although presumably such
478

references would have remained classified. Bin Laden described trusted Pak
brothers but didn't identify any government or military officials who might
have been aware or complicit in his hiding. Bin Laden was proud of the
security measures that kept his family safe for many years, the report said. It
said bin Laden boasted that his family adhered to such strict measures,
precluding his children from playing outdoors without the supervision of an
adult who could keep their voices down.
Pakistan said it has been sincerely working with United States at
several levels to resolve all the issues including finding an alternative to the
drone attacks as both the countries are partners in war against terror. Foreign
Office spokesman said Pakistan has a clear stand on drone attacks and
considered these as illegal, violation of Pakistans territorial sovereignty and
counter-productive. Pakistan is interested in finding an alternative to the
drone attacks, he added.
Rejecting Husain Haqqani's plea seeking former ISI chief Lt-Gen (r)
Ahmad Shuja Pasha to appear before commission as a witness in
'memogate', the judicial commission also refused to accept his written
explanation regarding the utilization of secret diplomatic funds. The judicial
panel held an in-camera session during which two top officials of Foreign
Office, director and deputy director, briefed the commission on the use of
secret diplomatic funds by the former ambassador last year. The officials
briefed the panel on the procedures and rules under which the high
commissioners and ambassadors of Pakistan spend taxpayers money.
Following the in-camera session, the proceedings were made open to
media man who kept waiting outside the courtroom for hours. The
commission expressed its lack of confidence over the written note submitted
by Haqqani and remarked that he did not follow the rules and regulations.
Zahid Bokhari requested the commission to provide video recording of its
proceedings which the commission refused to hand over to him. Akram
Sheikh opposed the request and said Haqqani was not following the
proceedings and is blaming the courts.
Next day, a teenage suicide bomber wreaked havoc in main bazaar of
Khar in Bajaur Agency killing 24 people, including commandant and deputy
commandant of Levies Force and wounding 40 others. TTP claimed the
responsibility for the attack. A man was injured in car bomb blast in
Peshawar. Panetta said the US would continue drone attacks.
While harping on innocence of his client Husain Haqqani, his defence
counsel Zahid Bokhari asked the commission to focus on addressing the
479

core issue. He said, the commission must restrict itself to addressing the
issue of origins, authenticity and purpose of the memo. He said asking for
details of secret funds, property and terms of employment of Haqqani was
extraneous.
Zahid added: Masnsoor Ijazs lawyer Akram Sheikh leveled many
baseless allegations on my client as Ijaz and the memo party tried to prove
that the memo was written at the behest of someone in Pakistani
government, since they failed, they have launched a campaign against
Haqqani. He said Ijazs claims remained uncorroborated.
According to Zahid the purpose of sending the memo has been
established as a publicity seeker and sensationalist with a reputation as
having child-like vanity. To achieve this purpose he even hired a highpublicity lawyer to represent him before Memo Commission although
witnesses do not usually hire lawyers, only plaintiffs or accused do.
On 5th May, at least ten persons were killed and several others injured
when a US drone attacked a house in North Waziristan Agency early
morning. The officials said two missiles hit and destroyed the compound in
Shawal area, some 70km west of Miranshah. It was the second strike since
parliament approved new guidelines on relations with the United States,
which included a call for an end to drone attacks on Pakistani territory.
Pakistan condemned in the strongest terms the US drone attacks in
North Waziristan, the Foreign Ministry said. Pakistan has consistently
maintained that these illegal attacks are a violation of its sovereignty and
territorial integrity, and are in contravention of international law.
At least eight militants of TTP surrendered to security forces in
Kurram Agency. Security forces have cleared most areas from extremists
and only five to eight percent area of Kurram Agency was occupied by
militants where the military operation was in progress to wipe out militancy.
A man was killed in security forces firing in Swat.
Tense situation prevailed in Bajaur Agency as the death toll on
yesterdays suicide bombing rose to 29. Offices and private markets were
closed as local tribesmen held funerals in different parts of the tribal region.
It was the deadliest bombing in Pakistan since February. Meanwhile, Memo
Commission ordered forensic testing of Mansoor Ijazs cellular devices.
Counsel of Husain Haqqani objected to such examination at such a belated
stage of investigation. Zahid Bokhari announced boycott of the proceedings
in protest.

480

Muhammad Saleh Zaafir reported that Pakistan and the United States
were working quietly on an acceptable text for a US apology for the NATO
air strike on November 26 last year that resulted in the martyrdom of 25
soldiers of the Pakistan Army at the Salala check post. The draft is being
worked out and discussed between the top diplomats of the two countries as
Pakistans Ambassador to the United States Sherry Rehman has been tasked
to choreograph a mutually acceptable text for the purpose, provided with
assistance from senior US diplomats. After apology, a breakthrough in the
ties of the two capitals would be announced. Such a breakthrough will also
help restoration of ground links of communication between Pakistan and
NATO forces.
Reportedly, Pakistan was uncomfortable about the strategic agreement
between Afghanistan and United States inked by Presidents Obama and
Karzai in Kabul on the first death anniversary of Osama bin Laden. The
agreement provides presence of the US forces in Afghanistan through 2024
and permission of carrying out drone attacks during this period as usual.
Next day, militants ambushed a military convoy in Datta Khel area of
North Waziristan; killing nine soldiers and wounding several others. Later,
the militants attacked a post and in retaliation gunship helicopters strafed the
hilltops killing unknown number of militants. Curfew was imposed in the
area for indefinite period. Eight militants were killed and two wounded
when forces shelled their positions in Orakzai Agency.
Ahmed Mukhtar took six months to find faults with blocking of
NATO supplies through Pakistan. He said curtailment of supplies is a
violation of international law and because of that the threat of imposing
sanctions on Pakistan was growing. Defence counsel of Brigadier Ali Khan
termed constitution of field general court martial unlawful.

Afghanistan: On 26th April, an Afghan Special Forces soldier killed


an American when he opened fire on US troops in Shah Wali Kot district of
Kandahar province. The soldiers death takes the toll of foreign troops killed
by Afghans they were working with to 18 this year including 10
Americans and five French trainers in 11 separate attacks. The Afghan
officer was killed when the Americans returned fire.
Meanwhile, dozens of Taliban rebels stormed police posts in the
remote northeastern Afghan province of Badakhshan overnight, killing four
officers and capturing at least 16 others. Two policemen were injured and
three others were missing after an intense battle in the mountainous

481

provinces Wardaj district, deputy provincial governor, Shamsul Rahman


Shams said.
A big number of the Taliban carried out the attacks. The police were
overpowered, he told AFP from the provincial capital town of Faizabad.
Sixteen police were captured by the Taliban and taken away. Three others
are also missing but we dont know what has happened to them, Shams
said. The rebels seized two police trucks and a quantity of ammunition.
Three civilians were killed and four other women injured when a
mortar hit a house following a clash between Taliban and NATO-led forces
in Afghan Wardak province, 35 km west of capital Kabul. The number of
civilian casualties has been soaring in Afghanistan as a total of 3,021 Afghan
civilians have been killed in 2011, an 8 percent rise in non-combatants'
deaths compared with 2010, according to the United Nations annual report
released in Kabul in February.
Next day, the two-day core group meeting of Pakistan, Afghanistan
and the US concluded with an agreement on establishing a sub-group to
explore ways to arrange safe passage for Afghan Taliban wishing to engage
in peace and reconciliation process. The trilateral meeting discussed a host
of issues including Afghan refugees, economic development, proposed TAPI
gas pipeline project and drug trafficking.
The meeting also agreed to form sub-group to coordinate the process
of delisting names of Taliban leaders from the UN sanctions list. The group
comprising the representatives from the US, Pakistan and Afghanistan at the
UN headquarters will coordinate activities related to peace and
reconciliation process on Afghanistan. Grossman said they were concerned
with the necessary outcome of the reconciliation process which included that
Taliban and other insurgent groups must break ties with al-Qaeda, renounce
violence, and ensure women protection as well as that of minorities and
respect the Afghan constitution.
On 28th April, two gunmen hiding pistols in their shoes sneaked inside
a provincial governors high-security compound in southern Afghanistan,
killing two guards in a fierce gun battle. The Taliban claimed responsibility
for the attack, saying their main target was the provincial Governor. The
attackers were eventually killed. Security forces also found a vehicle laden
with explosives abandoned outside the compound.
The attack on governors compound comes as the interior ministry
reported the death of ten Afghan policemen after a roadside bomb ripped

482

through their patrol vehicle in central Afghanistan on Friday. Meanwhile


three NATO soldiers were killed in incidents of violence.
Next day, Afghanistans Taliban insurgents denied that they had
resumed talks with the United States, while the Afghan government insisted
that the peace process was on track. The Taliban, who last month broke off
contacts with the US in Qatar, said they would not resume talks until the
Americans take constructive steps and fulfill promises which were agreed
upon for confidence building. Among the confidence building measures
proposed is the release of five Taliban leaders held at the US military prison
in Guantanamo Bay.
On 1st May, Obama and his Afghan counterpart Hamid Karzai signed
a strategic partnership accord that charts the future of US-Afghan relations
beyond the end of the NATO combat mission in the country. Obama, on an
unannounced visit to Kabul, acknowledged that there would be difficult days
ahead for Afghanistan, but said the Afghan people were taking control of
their own future. The wages of war have been great for both our nations,
Obama said, adding that he looked forward to a future of peace.
The signing of the Strategic Partnership Agreement will ensure US
military and financial support for Afghanistan beyond 2014, when the final
US combat troops will withdraw. The arrangement, penned ahead of a
NATO summit on Afghanistan in Chicago later this month, is designed to
send a strong message to the region that the US is not abandoning the
country even as it sharply reduces its footprint there. Even as Afghans take
the lead in domestic security operations, US military intelligence resources,
aircraft and counterterrorism tools will continue to provide support.
A semi-annual Pentagon report to Congress on the status of the 11year war concluded that coalition forces still face long-term and acute
challenges because of safe havens in Pakistan and widespread corruption
within the Afghan government that limits its effectiveness and legitimacy.
Still, the Taliban have been degraded and security in the country has
improved over the past six months.
Meanwhile, hundreds of Afghan protesters blocked highways in two
separate demonstrations, accusing US-led NATO troops of killing children
and civilians. In one demonstration, protesters carrying the bodies of four
children aged eight to 12 blocked the Kabul-Kandahar highway in the south
and chanted anti-US slogans. The children were killed by insurgent fire,
occupation forces claimed.

483

Mohammad Aziz Kuchi, the uncle of one of the dead men, said that
around 2:00am last night, Afghan and foreign forces entered our house.
They opened fire on us, killing two young men. They took eight others
away, including a 75 year-old man. They were all civilians, with no links to
the Taliban. ISAF said in a statement: In Qarghahi district, Laghman
province, an Afghan-led and coalition supported security force conducted an
operation to detain a Taliban leader.
Next day, Obama said time of war was ending in a moment of US
renewal, after slipping into Afghanistan on the anniversary of Osama bin
Ladens death. In a highly political election-year address from outside
Kabul, Obama posed as a commander-in-chief who ended two long wars and
crushed al-Qaeda, and tried to conjure up a new dawn for a nation exhausted
by conflict and recession.
We look forward to a future of peace. Were agreeing to be long-term
partners, said the president, who later headed home after just six hours on
the ground. About two hours after his departure, Afghan police said a suicide
car bomb detonated in an area of Kabul close to several foreign military
bases, prompting the US embassy to warn staff to take cover and go into
lockdown.
Taliban bombers attacked a heavily fortified guesthouse used by
Westerners in Kabul and announced the start of their annual spring
offensive. Al-Farouq spring offensive will be launched on May 3 all over
Afghanistan, the militant group said. Seven people were killed after
attackers disguised in burqas detonated a suicide car bomb and clashed with
guards at the Green Village complex used by the European Union, the
United Nations and aid groups.
The Taliban said the assault was a riposte to Obama. The Taliban
dismissed the new strategic pact signed by Afghan President Hamid Karzai
and his US counterpart Barack Obama as illegitimate. In a statement
posted on the Voice of Jihad website, the militants said Karzai was not
authorized to sign the document. The Taliban deems this document the
selling-document of Afghanistan by a powerless puppet (Karzai) to his
invading master and condemns it in worst possible terms, the statement
said.
The Taliban as the true representative of the Islamic nation of
Afghanistan with all its strength will continue to its armed Jihad (holy war)
against all the contents of this illegitimate document until the full
withdrawal of all invading forces and their puppets from Afghanistan, it
484

added. The Taliban said Karzai had no right to sign the deal and accused him
of selling Afghan sovereignty.
On 3rd May, US Ambassador to Afghanistan Ryan Crocker said that
America will not have permanent military bases in Afghanistan, nor will it
ever use the embattled nation to launch offensives on another state. Crocker
sought to reassure Afghans and the region at a press conference that the
long-term agreement between the two countries was not seeking to establish
a US military presence.
Speculation about whether the US will have permanent bases in
Afghanistan after the US-led NATO combat mission ends in 2014 has raged
for more than a year. US officials, including Secretary of State Hillary
Clinton, have repeated that America does not want this. However, among
Afghan officials, the doubt remains after Afghanistan's National Security
Adviser Rangin Dadfar Spanta told parliamentarians that the question of US
permanent military bases will be revisited one year from the signing of the
strategic agreement.
On 5th May, five Afghan border policemen were killed when their
patrol vehicle hit an IED in Nangarhar Province. Next day, the heads of the
US Senate and House intelligence committee, only days after signing of
strategic pact, said Taliban were gaining ground in Afghanistan.

Iran: On 23rd April, Barack Obama pledged to do whatever he can to


prevent future holocausts, from speaking out against human rights abuses to
stopping Iran from obtaining the means to make nuclear weapons. National
sovereignty is never a licence to slaughter your people, Obama said. He
ordered new sanctions on Syria and Iran.
Next day, Iran warned that new US sanctions targeting its access to
surveillance technology were negative and could adversely affect its
crucial talks next month with world powers over Tehrans nuclear
programme. The extra sanction targets companies that help Tehran create
systems to track or monitor people to help violent repression.
Meanwhile, Iran said it had halted the spread of a data-deleting virus
targeting computer servers in its oil sector, and hoped to have all systems
back and running within days. Iran had disconnected several of its
computers from the Internet to curb the virus, including ones running its
main oil export terminal on Kharg Island in the Gulf.
An oil ministry spokesman admitted that to say that no data was
harmed is not right. But he said only data related to some users had been
485

compromised. Iranian officials and media made no accusations so far over


who might have been behind the attack. But the response to the emergency
could be traced back to procedures put in place after a sophisticated 2010
attack on computers linked to Irans nuclear programme through a worm
called Stuxnet.
Western media and experts said Stuxnets goal targeting uranium
enrichment centrifuges as Irans Natanz nuclear facility and its selfdestruct lines of code strongly suggested the United States wrote it, with or
without Israeli help. The issues of Tehrans nuclear activities and Western
sanctions are being raised in talks between Iran and world powers that were
revived in Istanbul this month and are due to continue in Baghdad on May
23.
On 1st May, Obama gave the US Treasury authority to stop Syria and
Iran wriggling out of sanctions by going after foreign firms, banks or
individuals that ease their isolation. The move, contained in an executive
order, will allow the Treasury to publicly identify those engaging in evasive
and deceptive activities and bar them from access to the US financial and
economic sectors, officials said. On 4th May, Tehran urged the West to take
concrete confidence building measures before talks. Two days later, Tehran
denounced US-Afghan strategic pact.

India: On 23rd April, Prime Minister Gilani expressed the hope that
all issues with India, including that of withdrawal of troops from Siachen
and Kashmir dispute, will be resolved through talks. He said the era of wars
over bilateral disputes was over and now all issues were to be settled through
diplomacy.
On 25th April, Pakistan tested Medium-Range Ballistic Missile
(MRBM) Shaheen I-A, the upgraded version of Shaheen I of Hatf IV series,
having a range of 1,000 kilometres. The missile is capable of carrying both
the nuclear and conventional combatant warheads simultaneously. The
Shaheen I-A primarily contains sophisticated automated refueling and
advanced stealth technology features that were not present in its previous
version.
On 2nd May, it was reported that Indias top two importers of crude oil
from Iran will reduce shipments from the Islamic Republic of Iran by at least
15 per cent this financial year in compliance with US efforts to shut-down
Iran oil trade despite public pronouncement from India that they will
continue to buy from Tehran. The government has asked state-owned
Mangalore Refinery & Petrochemicals Ltd and Essar Oil Ltd, a private
486

company, to cut their imports in the year through March 2013 due to
demands from the US.
Next day, Army Chief contended that India had hardened its position
on the Siachen issue as compared to the 1989 stance it had adopted, saying
that it takes two hands to clap. Speaking to the media during a visit to army
camp in Siachen sector that was hit by an avalanche, Gen Kayani said India
had toughened its stance on the issue. India had earlier been demanding the
approval of the boundary but now it had begun asking for the redetermination of positions.
An eye on Pakistan, after 20 years, India's powerful external
intelligence agency Research and Analysis Wing (RAW) is set to spread its
wings deep into enemy territory, Indian media reported. The agency is to
acquire two Bombardier jets packed with Israeli multi-mission airborne
reconnaissance and surveillance systems that will multiply its capability
along Pakistan and China borders, report said. The Bombardier 5000
aircraft, which will replace two 21-year-old Gulf Stream jets, will daily
collect electronic and ground intelligence 180 km inside the neighbours
territories.
The jets are being uploaded with electronic intelligence collection
packages in Israel and flight trials begin in July. Fitted with synthetic
aperture and electro-optical radars, the jets, expected to be pressed into
service in the next two years, will be able to monitor strategic and military
activity across the borders. Last June, the Cabinet Committee on security
quietly approved the $300m (Rs.1,500 crore) deal with Israel's ELTA, a
leading defence electronics firm. On 6th May, Hillary planned to seek
assurances from India over import of oil from Iran.

VIEWS
Pakistan
A foregone conclusion: As expected nothing much of consequence
resulted from the meeting between US Special Representative for
Afghanistan and Pakistan Marc Grossman and Foreign Minister Hina
Rabbani Khar in Islamabad. The US delegation also held a meeting with
COAS General Ashfaq Pervaiz Kayani. Mr Grossman was reportedly asked
for a review of the Pak-US relations in line with parliaments
recommendations. He, however, assured that his government was ready to
settle issues like CSF delayed payments with Pakistan.
487

However, on the real issues bedeviling the ties mainly drone strikes,
apology over Salalah attack and new terms of engagement, the US side
maintained its proverbial intransigence. On certain occasions during the
meetings and in the press conference when tough questions were asked Mr
Grossman as well as US Ambassador tried to make off-the-cuff remarks.
One such instance was when Mr Munter started talking about something else
when asked whether the US was serious in stopping the drone strikes. With
Islamabads main worries going unaddressed, Foreign Minister Khar also
responded rightly by refusing to announce the reopening of the NATO
supplies for the time being. This is surely a crumb of comfort.
In fact a day before Grossmans arrival Ms Khar had expressed her
frustration by saying that though the government was pressurizing the US to
stop the drone strikes; it was not even ready to listen If the Special
Representative only came to assure Pakistan's army that he was trying to
make the CSF payments, then it clearly means that the US has not had a
change of heart with respect to reviewing ties with the civilian government
in Pakistan, a perception that his visit purports to generate. Consequently
any discussion on new terms of engagement will also be regarded as
eyewash. (Editorial, TheNation 28th April)
Using and isolating Pakistan: Haqqani has time and again said that
he does not need to operate from Pakistan, since he is quite comfortable in
Afghanistan. But if the Americans insist that the network is present in the
belt, the question is: why did they force them to leave their homeland and
also make Pakistan insecure?
Anyway, the Americans now want to secure a face-saving exit from
the decade-long war in Afghanistan. Such is the level of US frustration that
it keeps blaming Pakistan for the attacks on foreign troops by the Taliban;
and to cover their inability to pre-empt the strikes by the scantily equipped
militants, exposing their limitations. The American Ambassador in
Afghanistan, Ryan Crocker, has done exactly that after the Taliban had
simultaneously stormed several government buildings, NATO headquarters
and bases at Kabul, Nangarhar, Logar and Paktia. That, in fact, President
Hamid Karzai and the international media have labeled as intelligence
failure.
But this is nothing for Pakistan to gloat about, as in the Bannu
jailbreak the militants, claiming to be Pakistani Taliban but supported by
their dagger and cloak ally and most favoured neighbour of late, succeeded
in breaking free with 400 criminals, including terrorists. To add insult to
488

injury, some of the hardened ones returned voluntarily to be honoured by


their jail mates in recognition of their valour. This is not only a slap on the
Khyber Pakhtukhwa administrations face, but also the entire nation, for
their casualness despite advance warning. But the question remains:
whether, like the Mehran Base attack in Karachi, the attackers had inside
support and whether the probe, if any, was going to be hushed up as the
previous ones, including those about attacks on various strategic
installations? It is unfortunate that this is not the only ordeal Pakistan faces
as fallout of the unholy war in its backyard; its security, diplomacy,
governance and even sports are equal victims.
Anyway, an all-out effort is afoot to stall progress in Pakistan, isolate
the country and force it into subservience and compliance. Unfortunately,
Pakistani government readily obliges by opening its borders to those seeking
to isolate the country! Pakistans Interior Minister has often hinted about a
hidden/foreign hand trying to destabilize the country, but never identified it.
So it is time for the security establishment to expose the enemy to the world
with evidence. (Zaheer Bhatti, TheNation 29th April)
Abbottabad raid and Pak-US relations: Notwithstanding the
acrimony, there is an urgent necessity to hold tempers on the occasion of the
anniversary. As a first step, the US must not use the brouhaha over
Abbottabad raid to gloss over the ground realities that stand in sharp contrast
to the claims made by its establishment about Pakistan military and
intelligences prior knowledge of Osamas hiding spot. While fabricating
such a jaundiced view, it is simply impossible to overlook Pakistans notable
successes against Al-Qaeda big fish over the last decade, or lose sight of
intelligence cooperation that provided the vital lead for tracking Osama to
his final hideout. Thousands of terrorists have been captured or killed by
Pakistani agencies in the last decade, but top five terrorists apprehended in
Pakistan need particular mention.
Khalid Sheikh Mohammad, the reported mastermind of 9/11, was
nabbed on March 1, 2003, by Pakistani intelligence from Rawalpindi. The
US had offered a $25 million reward leading to his arrest or death. He is
currently detained in Guantanamo Bay. Abu Faraj al-Libi, believed to be
number three in the then Al-Qaedas hierarchy, was arrested on May 2, 2005,
in Mardan. He is now a detainee at Guantanamo. Both Khalid Sheikh and
Abu Faraj provided important leads that led to the pinpointing of Osama at
the Abbottabad compound. Another Guantanamo inmate; Abu Zubadeh was
captured on March 28, 2002, in Faisalabad. As reported in a 2002 US legal
opinion, he is alleged to have "managed a network of training camps and
489

"been involved in every major terrorist operation carried out by Al-Qaeda."


Ramzi bin al-Shibh was captured on September 11, 2002, in Karachi and
was one of the five most wanted terrorists by Washington. As head of the
9/11 hijackers cell in Germany, he set up a financial network to siphon funds
to militants in America, including Marwan al-Shehhi, who crashed United
Airlines Flight 175into the World Trade Centre. Finally, Umer Patek,
arrested in Abbottabad on March 29, 2011, was the Indonesian terrorist
mastermind, who played a key role in the 2002 Bali bombings forming a
crucial link in coordinating al-Qaeda cells in Southeast Asia.
Another poignant aspect, which is largely ignored in the US security
and media circles, perhaps by design, is that despite intensive scrutiny of
available evidence, there is no smoking gun that could support the CIAbacked thesis that Osama was being sponsored by elements in Pakistans
intelligence community. Pakistan's security establishment has faced much
slandering from US policymakers and advisors on this baseless account
leading to unnecessary suspicion and finger-pointing. Yet, the treasure trove
of computer discs, containing terabytes of computer data retrieved by the
SEAL team from Osamas Abbottabad compound has yielded no evidence of
Pakistan's complicity, despite scanning millions of documents. This
prominent and undeniable fact may prove to be the initiating point in
reconciling widely varying perspectives and perceptions of cooperation
between the security establishments of the two countries. (Momin Iftikhar,
TheNation 30th April)
Drone kills innocent girls: Hard on the heels of Khar-Grossman
talks in which Pakistan turned down the US request to let NATO supplies
pass through, the US ended its month-long hiatus in drone warfare and
claimed that it had killed four suspected militants and wounded two others
holed up in a girls school in North Waziristan on Sunday. The truth is that
the attack left four young girls dead. The attack seems more like an attempt
to pressurize Islamabad rather than fighting terrorism. And even so far as
terrorism is concerned, drone strikes have been criticized by none other than
anonymous high ranking members of the US Administration as a recruiting
windfall for the militants.
For Pakistan, they further compound the problem since they create a
backlash leading to a spate of deadly bomb blasts. And we all know how
many innocent persons the drones kill in comparison with a minute number
of terrorists. One wonders if anyone would have the gall to take the
perpetrators to the Hague for war crimes. This is senseless manslaughter.
Right on the other side of the border, the US is going to great lengths to
490

placate the same tribesmen to find a safe exit. Since it calls itself an ally of
Pakistan, it must help it find the negotiated settlement that it is pursuing in
Afghanistan. Drone wars figure nowhere in this scheme of things. It must be
stopped. (Editorial, TheNation 1st May)
The May 2 warfare: The Abbottabad episode was just a fragment of
what is and can be possible under the watch of the incumbent PPP regime
and Pakistans present political structure and culture. Anything, just about
anything, is likely here.
Think of the memogate scandal and its national ramifications. Think
of NRO: think of who designed it and who implemented it in letter and in
spirit. Think of our nuclear assets and think of their safety. Think of how
we kill our own people to give safety to others. Think of how many times we
have sold our armed forces to fight others wars. Think of how we have
espoused a war that was never ours. Think of the havoc and devastation we
have unleashed on our own people in exchange for dollars and cents. Think
of how we have surrendered our sovereignty to US dictates. The tale is sad
and long and unfortunately an end is not in sight.
Osama bin Ladens killing or, more accurately his theatrically-staged
assassination, was just a tip of how far our ruling elites are capable of going.
Think about it!
Will someone tell the ISI to stop claiming credit for its role in locating
Bin Laden? It is an admission of guilt simultaneously hurting public
sentiment and being a bad PR strategy to please the Americans. Anyway, the
Americans are not willing to buy it!
Think about it think of the inhumanity of our times in the name of
democracy! And think about the hypocrisy and deceit of the powerful
against the weak.
That is the lesson we should have learned from the May 2 warfare and we should have corrected our political discourse by now! (Dr Haider
Mehdi, TheNation 2nd May)
The Abbottabad attack: Revisiting the origin of Operation Enduring
Freedom the official name used by the American administration for the
Afghan war one is struck by the fact that Pakistan bore the brunt of the
operations, but is paying heavily for the failures of US forces. To begin with,
the culpability of OBL being the real perpetrator of the 9/11 attack may have
some credence, but the handling of the case contravenes all norms of justice
and fairplay. In response to the US Presidents demand of the Afghan
491

government to hand over OBL for trials as a war criminal, the Taliban
demanded to examine the evidence against him stating that if he was
implicated in the heinous crime, they would be willing to hand him over to a
neutral third party for trial. A trigger-happy George Bush, hell-bent upon
exacting revenge for the 9/11 tragedy, became oblivious of local Afghan
traditions of hospitality, as well as the demands of international justice, and
attacked Afghanistan.
Incessant bombing and the USAs use of reprehensible weapons, like
the daisycutter bombs, mowed down innocent Afghan women and children
and unseated the Taliban regime, but failed to eliminate them. Pakistan had
proposed that the US bring them to the dialogue table, rationalizing that they
would be willing to negotiate the terms of peace. Alas, submerged in the
ecstasy of triumph, the US did not consider this option then. After
surviving the heavy bombing of Tora Bora, the Taliban reorganized and
waged a series of guerrilla campaigns creating serious problems for NATO,
ISAF and the US and forcing the alliance to seek dialogue with the militants
now.
The Taliban and al-Qaeda, meanwhile, turned upon Pakistan to punish
it for its US alliance. Suicide bomb attacks and assaulting military and
civilian installations became the order of the day; Pakistan has to-date
sacrificed over 40,000 lives and lost over $69 billion in the ongoing war on
terror. To add insult to injury, despite cooperating and handing over nearly
600 al-Qaeda and Taliban operatives to the US, Pakistan is criticized by it
for not doing enough.
This May 2, instead of contemplating the ways and means of
rekindling the blame game that will only strengthen the terrorists,
Washington and Islamabad should bury the hatchet, and while respecting
Pakistans sovereignty combine resources to combat a common enemy. (SM
Hali, TheNation 2nd May)
Pak-US relations - possible future design: In the US threat
assessments, Pakistans nuclear capability is assuming potent dimensions.
Pakistan is a nation that is in control of some 100 nuclear bombsthe
Obama administrations attention is now fixed on the possibility that in the
coming year, Iran will produce enough highly enriched uranium for its first
bomb. But during these same 12 months, Pakistan will have produced
enough material for at least 12 more nuclear weapons. In this threat
perception, the US analysts conclude: So as we applaud extraordinary
performance in this operation (Abbottabad raid) from the low-level
492

intelligence collectors and the helicopter maintenance technicians to the


SEAL and the NSC process that supported a focused, determined
Commander-in-Chief we are left contemplating a discovery that means we
are likely to soon face even more daunting challenges in the days and
months ahead. Conclusions do not need a genius to deduce what it implies.
Pakistans nuclear capability is assuming a daunting challenge to the USA.
The assessment also tacitly hints at possible actions that the USA can initiate
at the time of its choosing.
Strategies to take out Pakistans nukes have been on the planning
boards of US military top commanders. The Washington Post had leaked a
story in 2010 that the American military was planning an attack on Pakistan
to destroy them. In an article that was published in TheNation on June 29,
2010, I had given the options discussed at the planning level and leaked to
the media. One scenario indicated direct military intervention against
Pakistan. The daunting challenge in the coming 12 months that the US
military and NSC analysts perceive may compel them to initiate such a
venture. The threat to Pakistan becomes more evident in the light of
demonstrated US capability.
Pakistans status of alliance with the USA has undergone a drastic
change. From being ally-of-allies, it has been relegated to the lowly status
of a nominal ally. Its relationship with America is sarcastically compared
with a cheating husband whose infidelity has been publicly exposed with no
hope of recovery any time in the near future. In the backdrop of Raymond
Davis exploits, Abbottabad raid, US Senate resolution on Balochistan, Salala
attack and the NATO supply blockade, this relegation of alliance status is
natural. This puts Pakistan in a precarious position in its bilateral
relationship with the USA. Pakistan will not be on a nominal list where any
operational secrets could be shared. The second most important lesson learnt
from the raid is that secrets matter and when they do secrecy matters more.
Those who planned the raid did not share the information about Abbottabad
operation with some top military brass in Pakistan. It implies that if and
when there is a venture against the Pak nukes only a select group will be in
on it.
This whole expose may be scary and may also be a figment of the
imagination. But, in military terms, one assesses the threat keeping in view
the capability of the adversary; the USA has demonstrated such a capability
and Pakistan must be mindful of that. Responses developed to the threat
should be left to the professionals entrusted with national security. We are

493

lucky we have been given a 12-month warning to buckle-up! (A R Jerral,


TheNation 4th May)
A tale of two countries: The US and Pakistani governments are
eager to get on with life after renegotiating their terms of engagement, or
endearment, if you will. Marc Grossman and other top guns have been flying
in and out of town and hectic negotiations are going on in Islamabad. On
Thursday evening, Ambassador Munter was scheduled to separately call on
the foreign minister, the foreign secretary and Pakistans envoy to the United
States. In a similar vein, parlays are being held at various levels, both
declared and secret. There is a palpable sense of urgency and the peace
making intentions of both aides appear kosher. But are only positive
intentions enough?
For the reconciliation process to gain traction and momentum, one
side must give more than the other, at least in the initial stage. Who is the
question? The two sides will have to take the zeal out of their respective
policy positions and replace it with pragmatism if they are to lay the
foundation of a viable strategic relationship based on long-term positive
objectives rather than transient tactical negatives.
For the moment, a mix of domestic compulsions and typical
negotiating tactics have forced both sides to adopt tough public postures.
That President Obama faces election later this year as does the ruling
establishment in Pakistan, give or take a few months, has made sensible
diplomacy subservient to short term political priorities. The yawning gap of
mistrust between the two sides only adds to the complexity of the situation.
To develop a mutually acceptable common narrative however, we need to
first have a clear understanding of the two conflicting narratives.
The American narrative: These Pakistanis call themselves our allies,
take our billions, but run with the Haqqanis. Instead of getting the terrorists
they grant them safe havens. Heck, they even blocked war supplies to our
troops in Afghanistan. The military intelligence establishment has been
playing double games with us. Now they want a seat of honour at the allimportant NATO summit in Chicago later this month but do not want to
make any conciliatory gesture to earn the invitation. They insist that nothing
moves forward on GLOCs till President Obama issues a public apology for
Salala. These guys must be joking. There was a time we had agreed to
offering this apology but the Pakistanis told us thatt was not the right time
The apology offer wasnt going to remain on the table forever. Jesus, will
someone tell these guys the world does not move on Islamabad standard
494

time. They keep complaining about how we are not paying the stuck up $1
billion due under CSF but never talk about how they over billed us on
several occasions.
They think that they are holding all the cards in Afghanistan. Well
guess what, its time to cut these guys down to size and let them known that
the train is leaving the station, with or without them. Just like Chicago is
happening and the long-term NATO vision on Afghanistan will be spelled
out, with or without them. Instead of taking ownership of foreign policy
making, the government first passed the buck to parliament and now appears
reluctant to take steps to translate ambiguous recommendations into
practical measures.
Its time they realized that with every passing month their leverage
based on the Afghan issue is decreasing and once we are out, and we will be,
no matter how battered and bruised, that influence will diminish drastically.
And lord help them if they think the American public and media no longer
have the appetite for the US administration going for costlier and more
complicated alternatives to Pakistan in the Afghanistan situation. The truth is
that the mood back home is in favour of kicking the Pakistani rear-end and
nothing sells better than a John Wayne approach in an election year. They
need our billions in aid, our nod to IMF and WB for life saving loans, ours
and the European markets for trade and still think they can tell the US and
Nato to go to hell?
The Pakistani narrative: The Yanks suffer from typical imperial
arrogance. They attach strings to every offer, every gesture, including an
invitation to Chicago. We missed Bonn and will miss Chicago too if we
must, if not accorded due respect and importance. But tackling Afghanistan
while keeping out Pakistan is about as intelligent as expecting peace in
Afghanistan without engaging the Haqqanis and their allied Taliban. They
call us allies but treat us like some rent-an-army-and-a-country for a few
dollars. They engage in cold blooded slaughter of our 27 soldiers and
officers and have the cheek to not only refuse to apologize but also insist
that it was not their fault. They do not comprehend the enormous symbolism
of an apology for Salala. An apology must come. We can always discuss the
wording and have been waiting for a draft from the US as well, but the
Washington guys need to come down from their high horses. Nothing begins
without some sort of an apology.
They go behind our backs, invade the country, and create this Osama
drama. Instead of acknowledging our cooperation over the years they accuse
495

us of being either complicit or incompetent while we have lost thousands of


troops, officers and people in fighting terrorism. Their flat refusal to budge
an inch on the modalities of drone attacks has left us with little maneuvering
room in the face of a hostile media and public opinion. Droning the targets is
one thing, drowning the government an altogether different matter.
The Yanks have been trying to keep us out of the loop while engaging
one Afghan group after another and also carving an unreasonably big role
for India in Afghanistans future. That they will fail in such efforts is a given
but they keep trying nevertheless and try undermining our legitimate
interests in Afghanistan. They expect us to use our influence with the
Haqqanis to bring them to the negotiating table but persecute us for
maintaining links with them. What impractical duplicity.
They are treating our parliamentary recommendations with contempt
and do not understand the political implications of us being perceived as
capitulating before the Americans if we go ahead with reopening routes
without any tangible gestures from the other side. When a bigger power
makes a concession it is called honourable generosity, but a similar initiative
by the smaller one is berated as shameless capitulation. We may be in a
position to reciprocate any gesture of generosity but not to make one. We
definitely need to re-embrace the US but not end up in a deadly bear hug.
Short-term solution: It will take a long time and sustained efforts to
reconcile the two narratives, neither being totally unjustified. The US must
make the first gesture to start the stalled process. An apology for Salala is a
must and such a public apology will also go a long way in securing tactical
private support on a mutually agreed drone programme. An invite to
Chicago must come without any conditions, and come now. It would do
wonders if the stuck up CSF payments were released un-conditionally. The
US must use its influence to mend relations between Kabul and Islamabad
instead of exploiting them for myopic short-term tactical advantages.
Pakistan must be kept in the loop on Afghanistan. For its part, Pakistan must
stop playing the victim, stop lying to its allies and stop being duplicitous. It
should instead openly spell out its national interests and hold the line. We
need the world more than it needs us, and the sooner we realize this the
better. (Mohammad Malick, The News 4th May)
A dithering disaster: All this serves to establish that Obama is tough
and inclined to be ruthless.
In sharp contrast to a determined administration in USA, all that we
have in Pakistan is a weak, dithering and vulnerable federal government.
496

First, they shifted responsibility to the Parliamentary Committee to


frame and finalize recommendations. Even after these recommendations
were made, little of constructive work has been done. No clear policy lines
have been formulated. And time, a scarce commodity for Pakistan, has rolled
on.
Not only was there no debate in Parliament, little has been done to
take people and all parties into confidence on such issues of vital importance
for the future of the country.
While there is weight in asking for an apology, no headway has been
made to get this part of the new deal sorted out. The invitation for the
Chicago Conference has not been received. What if Pakistan is not invited
and decisions are taken about Afghanistan by passing Islamabad?
Now that the drone strikes have restarted signaling a rejection of one
of the important parliamentary recommendations, how is Islamabad to
negotiate new terms of engagement? The defiance of the highest court of the
country has made Pakistan a laughing stock amongst the comity of nations.
If we gleefully demonstrate disrespect to our supreme national institution, is
the world going to pay much respect to our claims and postures?
The fact of the matter is that the government of the day lacks the will
and the capacity to take clear and feasible decisions. Salala took place six
months ago. We are still considering how to move forward to address its
fallout. Increasing instability in the country is bound to have its toll.
The US special representative, Marc Grossman, and his team have had
a number of meetings with top-notch Pakistanis, civil and military
officeholders. Little of any concrete results, however, have come so far.
All that we have been left with is a wishy-washy statement from our
Foreign Office spokesperson given at the weekly media briefing last
Thursday. Mr Moazzam Ahmad Khan said that another meeting of the
Defence Committee of the Cabinet was being held to review mechanism to
implement parliamentary recommendations. He referred to the meetings
with Grossman. He expected that the US would show more understanding
and patience.
What more understanding and patience?
There is little realization that dithering, dragging of feet and the circus
that Pakistani politics has become, have only added to the complexity of the
issues involved. With an economy going down by the day, with soaring

497

internal and external debt, and with the law and order in tatters, an indecisive
Pakistan is a sitting duck to be hit from right and left.
Political opposition alone can compel the government to see reason
and not further jeopardize the countrys interests. It is unfortunate that there
is no such united effort to inject sense into the federal ruling elite.
Just imagine a tainted head of state pitted against a determined and ruthless
President of the most powerful country in the world and wonder about the
days to come. (Inayatullah, TheNation 5th May)
Bajaur bombing: For all the advances in technology made over the
years, the advances in targeting and delivery systems attached to weapons
large and small, the most effective of all is the suicide bomber. For pinpoint
accuracy the suicide bomber will usually outperform all other types of
explosive device, for one simple reason it/he/she thinks. A suicide bomb is
a bomb with a brain that makes informed decisions up to the point of
detonation and there was a gruesome example of its effectiveness in Bajaur
on Friday. As many as 29 were killed and at least 76 injured when a bomber
said to be a teenager detonated himself close to where his intended targets,
two tribal Levies Subedar Major Mohammad Javed and Quarter Master
Fazle Rabbi were in the bazaar at Khar. As well as the primary targets, five
Bajaur Levies, a local politician, a trades union leader, various shopkeepers
and tradesmen and at least one child were all cut down and killed.
The bomber had followed the target as unerringly as if guided by a
laser, and the targets paid for the fact that they were regularly in the place
where they died and were predictable in their patterns of behaviour ideal
targets from a suicide bombers perspective. The Tehrik-e-Taliban Pakistan
was quick to claim the atrocity, saying that the killings were in revenge for
the successful activities of the primary targets who had been successful in
the past in their hunting and killing of the Taliban. Quarter Master Fazle
Rabbi was a holder of the presidential medal for gallantry, awarded for his
role in the killing of a senior al-Qaeda figure in 2006. For the TTP suicide
bombers are cost-effective. Training and deployment are now run to an
established pattern and there is no shortage of recruits eager to sacrifice
themselves for a cause that they have only the dimmest perception of. Young
lives thrown away in pursuit of a goal that most of the population of
Pakistan would not wish to score. The legacy of Fridays bombing will be a
life of blindness, deafness, loss of limbs and widowhood and another clutch
of orphans freshly minted. Collateral damage in an unwinnable war.
(Editorial, The News 6th May)
498

Afghanistan
Back to the drawing board: The Afghan National Army (ANA) and
police are years away from evolving into cohesive national entities. The
Washington-based Centre for Strategic and International Studies reported
that America had spent $25 billion from 2001 to 2010 on their training; it
spent another $14 billion in 2011. A 2010 International Crisis Group study
stated that the army could disintegrate after the US withdrawal. Lieutenant
Colonel Daniel Davis, too, maintained that it is neither competent nor
trusted. In the absence of firm financial guarantees, however, the Afghan
army and police may disintegrate.
Last week, the US/ NATO officials discussed the size and amount that
is required to sustain the Afghan security forces after 2014 President
Karzai has criticized both NATO and the Afghan forces. He said: The fact
that terrorists were able to enter Kabul and other provinces was an
intelligence failure for us and especially for NATO. But US Defence
Department Spokesman George Little claimed that the Pentagon did not
believe there had been an intelligence failure. If were held to the standard
to have to know precisely when and where each insurgent attack is going to
occur, I think thats an unfair standard, he said. While Defence Secretary
Leon Panetta at a news briefing stated: We had received a great deal of
intelligence that the Haqqanis were planning these kinds of attacks. Two
captured insurgents, reportedly, claimed that they represented the Haqqani
network. This shows that the Haqqanis now have sufficient presence and
strength within Afghanistan to carry out such activities. However, Panetta
and Dempsey were cautious enough not to link the attack to Pakistan. Were
not prepared to suggest that this emanated out of Pakistan, Dempsey said.
Fixated in his campaign year framework, Senator John McCain opined that
such attacks reflected the risk of the drive to reduce the US military presence
in Afghanistan!
According to the objectives of the two-track strategy, the Afghan war
was supposed to end with the Taliban begging for negotiation after they were
appropriately degraded by the US/ NATO forces. But exactly the opposite
is happening! The Americans are ready to give in anything in exchange for
the rhetoric of victory, while the Taliban do not seem interested in allowing
them even such symbolic concession. Against this backdrop, the Americans
do not have a dialogue partner with whom they could negotiate with a fair
degree of assurance that whatever is agreed to would be implemented. So,
back to the drawing board! (Khalid Iqbal, TheNation 23rd April)

499

US-Afghan accord: The realities of the prevailing Afghan situation


have, it seems, prompted the US Administration to negotiate with the
government at Kabul, without an input from the Taliban, the US-Afghan
strategic partnership agreement that has been in the pipeline for quite some
time. The badly conceived policy of simultaneously waging war against the
Taliban and trying to coax them into negotiating a formula of withdrawal,
acceptable to both the sides, was bound to fail, as Islamabad had been
repeatedly warning Washington. Thus, US officials have not so far been able
to bring round even the good Taliban to sit across them and discuss the
political arrangement in Afghanistan after the US and other foreign forces
had left the country.
According to an AFP report emanating from Kabul, an initial draft of
the strategic accord has been mutually agreed upon. Its details have not been
made public; it is, however, subject to the Afghan Parliaments approval,
which is likely to take it up any time in the near future. Another reason for
the American compulsion to present before the home public framework of a
peacefully working political arrangement in the troubled land after the US
had pulled out was the presidential election, now only a few months away. In
order to help the prospects of President Obamas re-election, he wanted to
show the US citizens that things were moving in accordance with his
commitments to end the war and leave behind a functioning democratic
order that would pose no threat to the US.
However, there is little chance that things would work out as
Washington has planned. The troop withdrawal slogan hides the reality that
the US only intends to end combat operations but keep a sizeable presence
to be used whenever called upon by the local authorities to intervene in case
they fail to sustain peace. That is the crux of the strategic accord. For the
US, the real motive for invading Afghanistan might be to find a foothold in
the country to influence events in Central Asia and beyond, but for the
Afghans, brought up in the centuries-old tradition of freedom, it is a recipe
for continuing revolt and bloodshed. The Afghans (Taliban) would never
agree to such an arrangement. Peace would remain elusive, posing a serious
threat to Pakistan and keeping other countries in the region destabilized.
The best endgame to the devastating war would have been a regional
solution spearheaded by the Afghans in close association with Muslim
countries, particularly Pakistan, Iran and Turkey. The OIC, had it been a
functional body, would have been an ideal institution to take up the job. The
Afghan government should be under no illusion about achieving peace and
harmony in the country if it concedes the American demand of stationing
500

troops beyond 2014. The scenario would not permit the Afghans to follow an
independent policy of their own and at the same time it would incur the ire
of other powers, like China and Russia. They must also not let India, in
alliance with the US to contain China, interfere in its affairs. Pakistan must
be on guard against the prospects of being the next target in this unholy
game of destabilization. (Editorial, TheNation 24th April)
Ides of March or Badal: As the attack (in Kabul) ended, it provoked
pervasive debate about its purpose. Some see it as the Ides of March,
destiny-related, as explained in Shakespeares Julius Caesar. Others perceive
it as a way to humiliate the US and prove that the Taliban will prevail no
matter what.
Senator John McCain considers that the attack highlights the risk of
reducing US deployment in Afghanistan, as against Obamas stand on it.
Despite having been a POW in Vietnam, he forgot how the US had to
abandon the country. US Ambassador Crocker, who is said to be doing some
political manipulation among the Afghans, expressed the feeling that the
Taliban could not have staged it by themselves, blaming Haqqani network.
However, Secretary Clinton called Foreign Minister Rabbani and urged
solidarity between US and Pakistan to meet the emerging threats. Then
Defence Secretary Panetta and Chairman JCSC General Dempsey indicated
that they had no intelligence reports as to who did the deplorable deed.
Against this backdrop, the latest attack underlines the following facets of the
war:
First, even after 10 years, the US/NATO is at bay on intelligence
collection.
Second, the foreign forces appear to be more conscious of their own
security concerns and less about winning the hearts and minds of the
locals.
Third, if history is any guide, the Taliban will win wider support
among the Afghans, if they continue their current onslaught against
the foreign troops.
Last, foolish tactics, like the burning of the Holy Quran or the
massacre in Kandahar, would not frighten the Afghans. It incites
religious reaction that would be like a windfall for the Taliban.
The US is in a soup in Afghanistan. It being an election-year, both
Republicans and Democrats are in a spin. The machinations of the neocons
under George W Bush have brought the US almost to a point of no return.
501

Since 9/11, the fear-complex has been cultivated by various means to justify
the Iraqi misadventure and the Afghan debacle. Now, the US is looking for
an exit strategy that is yet to be defined. Having suffered from the war for 10
years, the Afghans are ready to mount pressure for an equitable settlement so
that the foreign forces leave. That is why Oalf Caroe, rightly, said: Unlike
other wars, Afghan wars become serious only when they are over. (IM
Mohsin, TheNation 24th April)
What we owe Afghanistan: Weary as Americans are of the war in
Afghanistan, it has been obvious for some time that the United States would
continue to play a role in that country after Afghan forces assume full
control of security in 2014. So it isnt surprising that Washington and Kabul
have reached a draft strategic partnership agreement under which the US
will continue providing military, economic and other aid to Afghanistan for
another decade. In principle, a continuing relationship is perfectly
defensible, but it needs to be circumscribed to prevent a re-escalation of US
military involvement.
The pact initialed by US and Afghan representatives is still being
refined in deliberations, and no text was released. A final version is expected
to be signed at next months NATO conference in Chicago. Reportedly,
President Hamid Karzai expects the United States to provide $2 billion a
year in military assistance, a figure dwarfed by the $105.5 billion the US
will spend in Afghanistan this fiscal year. The US is expected to lobby its
NATO partners to provide military aid as well. It is also expected to continue
to provide economic aid and assist with what is pejoratively called nationbuilding, including the reform of Afghanistans judicial system.
Despite recent crises in US-Afghan relations, US and NATO officials
profess to be encouraged by increased self-reliance on the part of the Afghan
military and police forces. The US and the Karzai regime have successfully
negotiated a transfer of control over prisoners and night raids. US force
levels will be drawn down by 23,000 between now and September.
US officials perhaps are being too sanguine about the Afghans ability
to assume responsibility for security and reconstruction. Nevertheless, the
US combat role is coming to an end, as it should after a decade of war and
the loss of nearly 2,000 American lives. So long as that process continues,
there is nothing objectionable about continued but limited economic and
military aid, including, if necessary, the presence in Afghanistan of a few
thousand US military trainers. Nor is a continued US role incompatible with
peace negotiations between the Karzai government and the Taliban.
502

Having upended Afghan society with its invasion a decade ago, the
United States has a moral responsibility even at this late date to assist with
its reconstruction and security but not to the extent of fighting its wars.
That must be clear when details of the strategic partnership agreement are
nailed down. (LA Times editorial, reprinted in TheNation 27th April)
Incoherent features of American policy: The gloomy topic of
Afghanistan is expected to dominate the NATO summit in Chicago on May
20-21, when the assembled leaders will have to wrestle with three
uncomfortable facts:
The first is that talks with the Taliban have broken down, removing
any immediate prospect of a negotiated exit from the conflict. This conjures
up the spectre of a forced NATO retreat - in other words of a humiliating
defeat. This month provided worrying evidence of the Talibans growing
ability to mount coordinated attacks all over the country, even in areas of
maximum security
The second uncomfortable fact is that public opinion in the US and its
allies is weary of war and seems unconvinced that fighting and dying in
distant Afghanistan makes them safe from terrorist attack Thirdly, because
of what it sees as a continuing terrorist threat, the US seems determined to
maintain some sort of long-term presence in Afghanistan much to the
displeasure of Iran and Pakistan.
NATO leaders are bound to squabble in Chicago over who will foot
the bill for continued assistance to Afghanistan after 2014. Because budgets
are tight, NATO members have agreed that it will no longer be possible to
fund and equip an Afghan army of 352,000 - an overly-ambitious target that
is expected to be reached this year. Instead, the force is to be reduced to
230,000, at a cost to donors of about $7 billion a year. The US will,
probably, have to pay the lions share, with the rest coming from other
NATO countries.
But if the Afghan army is slimmed down, as is proposed, what will
happen to the 120,000 men laid off? Armed and trained, they might join the
insurgents a nightmare scenario for NATO. A disturbing development this
year has been a rash of incidents in which Afghan soldiers turned their guns
on their NATO trainers. Since January, 16 NATO troops have been killed by
Afghan soldiers
One wonders when the US will grasp that its counter-terrorist policies
create more terrorists than are killed by its drone attacks, air strikes and
other violent acts. Americas ongoing war on terror has aroused fierce anti503

American feeling in Afghanistan, Pakistan, Yemen and other Muslim


countries, undermining the legitimacy of leaders in these countries, who are
seen to be collaborating with the US in waging war on their own people. A
Financial Times report from Islamabad this month noted that US-Pakistan
relations had sunk to their lowest level in a decade.
Several shocking incidents have greatly damaged Americas
reputation and seem to point to poor training of young American soldiers
and a breakdown of discipline The US might, perhaps, ask itself why it
has aroused such hate in the Islamic world and what it might do to restore its
reputation. It might care to consider the following suggestions: Wind down
the war on terror and stop killing Muslims; put a firm check on Israeli
colony building and promote the creation of a Palestinian state; reduce the
US military presence in the Gulf States (Patrick Seale, TheNation 28 th
April)
Stop trying to fix Afghanistan: Rather than asking how to support
the Karzai govt, we should be asking how, given the realities of Afghanistan,
we can most effectively disrupt Qaeda operations and kill Qaeda leaders. An
effective strategy should be built around eight principles:
First, maintain Americas ability to strike al-Qaeda with surprise,
speed and violence. Dont compromise it for the sake of a relationship with
an unreliable ally.
Second, focus on the mission, not the number of troops. Embedding
Special Operations and intelligence personnel throughout the country will
reduce our footprint without sacrificing our ability to hit al-Qaeda.
Third, put in place a long-term plan for maintaining effective signals
and human intelligence. Intelligence is easily overlooked in talk about boots
on the ground, but is our first line of defence.
Fourth, make clear that our support for Afghanistans army and
national police force depends on their ability to counter intl terrorist attacks.
Our continued investment must be dependent on their performance.
Fifth, if the Karzai government cant get the job done, work with
people who can. Local allies like tribal leaders can be partners. Our time
should be spent working directly with them, rather than trying to get them to
partner with Kabul.
Sixth, expand our options by strengthening relationships with nearby
govts, while ensuring that our plans for naval deployments maintain
effective cruise missile and aircraft carrier strike capabilities.
504

Seventh, be true to our friends. See that Afghans who have taken risks
serving with American forces translators, for example are cared for,
along with their families.
Finally, remember what constitutes success. Success means
eliminating al-Qaedas ability to launch terrorist attacks against the United
States and our allies.
Achieving that goal demands focus. Defeating a terrorist organization
is like fighting a forest fire; theres never a clear moment of victory, and
even after youve won, you have to watch carefully. The successes of the
past decade have required discipline, focus and sacrifice from Americas
service members and their families. Now, to complete that mission, we must
ask no less of our policy makers. (Eric Greitens NY Times, reprinted
TheNation 2nd May)
Signing strategic accord: President Obama's surprise visit to Kabul,
yesterday on the eve of Osama Bin Laden's death anniversary, bought news
of a strategic agreement signed with Afghan President Hamid Karzai. To the
Taliban, a signal was thus relayed, that in the aftermath of the US pull-out,
the field would not be left open for them and that the US would continue its
backing of the Kabul regime it installed. Clearly, such an agreement will
make the Taliban most uncomfortable. The historic aversion to foreign
domination or control, that is inherent in the Afghans, seems only to be
watered down in the persona of the President. For the rest of the many tribes
and political groups in Afghanistan, an agreement with even a superpower,
will not dim their appetite for throwing off any shackles they feel they may
have acquired in the last ten years, after the invasion of their country. The
withdrawal of combat forces, leaving behind advisers who could come to
the aid of the Afghan security forces in case of need, as the agreement
envisages, would be deeply resented. The strategic partnership would,
therefore, keep the fires of insurgency alive, taking the dream of peace and
reconstruction of the devastated land farther from realization. The Talibans
recent coordinated attack at 10 sensitive spots, including Parliament, is
enough to make the claim of having tamed the menace of militancy nothing
but self-deception.
The elements, hostile to the presence of foreign troops on their soil,
and that include not only Pashtuns, but also a large segment of other ethnic
groups brought up in the culture of independence, are only waiting in the
wings for the drawdown to take place. Some expectation arose of President
Obama also paying a visit to Islamabad, since he was in the neighbourhood.
505

However, no such visit materialized. Disappointing, given the fact that


Pakistan's relations with the US are hardly at their calmest. In such a period,
when Pakistan's parliament has presented unanimous recommendations for
relations with the US to be structured according to the will of the people,
NATO supplies are suspended and resentment of the US for being overlygratifying to Pakistan's neighbours to the East and the West are at their
highest, President Obama's presence was perhaps more needed in Islamabad
than Kabul.
For an ally who has been asked time and again to do more, lost $70
billion in the war that the US drew it into, sacrificed over 40,000 to the
cause, suffered instability and mayhem in the resulting aftermath - it is a pity
that President Obama and his team continue to so dedicatedly ignore
Pakistan and its legitimate expectations of the US. In such a case, will the
US continue to be surprised at why Pakistan is no longer in love with it?
(Editorial, TheNation 3rd May)
Message behind the new US-Afghanistan partnership: Eleven
years ago, Afghanistan was the most isolated country in the world. The
Afghan people were suffering silently, and their basic human rights were
violated by many warring factions on a daily basis. Regional states, which
filled the vacuum in Afghanistan left by the departure of Soviet forces and
the abandonment of the country by the West, supported Afghan proxies
against one another to weaken and control Afghanistan and fulfill their geostrategic designs. When the Taliban took over Afghanistan in 1996, they
sheltered Osama bin Laden and protected his operational terrorist activities.
They also allowed the country to turn into the worlds main source of
narcotic drugs, which financed their brutal atrocities against Afghanistans
civilian population and fuelled global organized crime.
As a pariah state, Afghanistan posed a grave security threat to the
United States and its many interests in the region. On Sept 11, 2001, al
Qaeda operatives attacked the US homeland and indiscriminately killed
nearly 3,000 American civilians, including many Muslims. In response, the
Afghan people - who had long been terrorized by al Qaeda and the Taliban
and had resisted both groups from within and outside Afghanistan rose in
support of the United States. They received American forces with open arms
and fought alongside them to rid Afghanistan permanently of the terrorist
threat. With such unprecedented popular support, coalition forces and the
Afghan people quickly and decisively toppled the Taliban regime.

506

Since the fall of the Taliban, Afghanistan, the United States, and US
allies have made significant progress toward their shared goal of a region
free from the threats of terrorism and extremism. To consolidate their shared
gains over the past 11 years and cement those gains for another decade after
2014, the governments of Afghanistan and the United States have just signed
an Enduring Strategic Partnership Agreement as part of President Barack
Obamas visit to Kabul. The government and people of Afghanistan consider
this landmark agreement a new beginning in their strategic relationship with
the United States and the rest of the world for several reasons.
First, since the announcement in 2009 of the phased withdrawal of
NATO forces from Afghanistan by the end of 2014, the Afghan people have
been panicking about whether the world will once again abandon their
country prematurely. Daily press reports about tired NATO allies leaving the
country one by one have further fuelled concern and fear among Afghans.
But the signing of the agreement, which includes long-term security
guarantees and development assistance to Afghanistan, should restore the
Afghan peoples confidence in their partnership with the United States. A
secure future in a stable region something the Afghan people continue to
expect - is now realistically achievable based on credible, long-term
international commitments.
Second, in addition to outlining security and defence guarantees from
the United States, the agreement designates Afghanistan as a major nonNATO ally. This should make it clear to terrorists and their affiliates that
they can no longer hope to wait out the United States and NATO forces in
Afghanistan. After the completion of the transition process in 2014, the
United States and NATO will provide long-term support for the training,
equipping, advising, and sustaining of the Afghan National Security Forces
(ANSF). Such assistance will continue until Afghan security institutions
firmly stand on their own and are capable of defending Afghanistan against
all internal and external security threats.
Third, the agreement will undermine the tendency of certain states in
the region to think of Afghanistan as part of their sphere of influence. Longterm security and defence cooperation between Afghanistan and the United
States will prevent the implementation of any regional schemes to
undermine Afghanistans sovereignty and territorial integrity. Instead, the
countrys immediate and near neighbours must join forces with the Afghan
government to further enhance regional security and economic cooperation
by adopting win-win solutions that are consistent with the objectives of all
existing regional cooperation organizations.
507

Fourth, this new chapter in the strategic relationship between


Afghanistan and the United States should assure those nations that have
contributed to Afghanistans long-term stabilization and development that
their contributions and losses have not been in vain. Their soldiers have
fought bravely and made the ultimate sacrifice so that Afghanistan will never
again return to the anarchy and chaos of the 1990s. With the continued
support of these countries, Afghanistan is quickly integrating with the rest of
the world, and will begin contributing to global peace and security through
participation in future international peace operations.
Indeed, as the tragedy of 9/11 demonstrated, the cost of staying the
course in Afghanistan is far lower than the cost of prematurely abandoning
the country. It is reassuring to the Afghan people and the world that
Afghanistan and the United States have finally reached a solid consensus
albeit with many disagreements and bumps in the relationship along the way
on their specific sovereign roles and responsibilities in securing
Afghanistan now and into the future, and working toward a safe world and a
stable region free from the threats of terrorism and extremism. The
governments of Afghanistan and the United States now look forward, with
unwavering resolve, to implementing the key objectives of the Strategic
Agreement in the months and years ahead. (Shaida M Abdali for Foreign
Policy, reprinted in TheNation 3rd May)
Why are we in Afghanistan for the long haul? At that point,
Obama said, we will leave behind just enough personnel to support the
Afghan government in counterterrorism operations and provide continued
training for Afghan forces. At present, however, were in the midst of a
counterinsurgency campaign of the kind that takes decades, at best, to
succeed. If were going to switch to counterterrorism in a couple of years,
why not just make the switch now?
Another question: Obama said we will establish no permanent bases
in Afghanistan. But the agreement he signed with Afghan President Hamid
Karzai gives the United States continuing use of bases that we built and
intend to transfer nominally to Afghan control. Whats the difference?
The United States has agreed to support Afghanistans social and
economic development and its security institutions through 2024. Does this
sound like nation-building to you? Because thats what it sounds like to me.
Tonight, Id like to tell you how we will complete our mission and end the
war in Afghanistan, Obama said Tuesday. Were still waiting. (Eugene
Robinson for Washington Post, reprinted in TheNation)
508

REVIEW
Osama bin Laden, May 2 and Abbottabad have become synonymous
to shame for the rulers and security forces of Pakistan. This is the perception
of majority of the people of Pakistan; not necessarily felt as such by all the
political rulers and military commanders.
Those responsible for defending Pakistans territorial sanctity avoid
talking about it whether they were caught unaware or they had secretly
connived with those who molested the territorial sovereignty of Pakistan. If
they were unaware it reflected very poorly on their competence and if they
had helped in killing of Osama it is not an act that they could talk of
proudly before the masses.
As regards the political rulers they had fully aided and abetted the
murder of a sick man who had no enmity with Pakistan, yet they quietly
rejoice over this as it fell within the scheme of their democratic revenge.
They are very happy that in exacting this revenge they earned appreciations
of their American masters, but the problem with this achievement is the
same as above, that too cannot claim it publicly, because of the fear of
resentment by the masses.
This became evident soon after the raid when the Saint commended
the killing of Osama by word of mouth and the Scoundrel did it in writing,
but their acts were widely criticized and condemned. Since then they have
been deprived of the pleasure of seeking public applaud and restrained
themselves to behind the door rejoicing over demise of Osama.
It took a year for the Defence Minister Ahmed Mukhtar to claim that
the government and its agencies had cooperated with the CIA in carrying out
the raid. It has been because of this shyness that the facts about the murder
of Osama have remained untold though the rulers are quite aware of those.
Even the Abbottabad Commission has been sitting over it for about a
year now. This commission has virtually been rendered redundant because of
the time lapse and some of the facts have surfaced through various sources;
like guilt-obsessed statement of Ahmed Mukhtar; inquisitive endeavours like
those of Brigadier Shaukat Qadir and American boasting and selective
release of documents captured during the raid.
Some facts that have been established are briefly recalled. After
Osama fled into Pakistan Ibrahim Kuwaiti, a Pakistani Pakhtun has been the
main man who sheltered the most wanted terrorist by the US. Osama
509

stayed in suburbs of Kohat for about a year and then shifted to a house in
Haripur where he stayed till the compound in Abbottabad was ready for his
hid familys lodging.
Osamas deputies at some stage had decided to get rid of him because
his crippling sickness was considered a cause of delay in decision making.
They passed the clues about his whereabouts to Taliban, who in turn leaked
that to ISI. The surveillance by ISI agents noted Ibrahim often visiting
Peshawar to purchase medicines. The medicines so purchased related to the
known ailment of Osama.
The ISI also found an abandoned SIM, which revealed more
information that added to the possibility of Osamas presence in Abbottabad.
ISI as per the accord of intelligence sharing passed the clues to CIA, which
further worked on it employing the Army of its agents deployed in Pakistan
courtesy Zardari-Haqqani nexus and using locally available willing
partners like Dr Shakil Afridi.
Once CIA was sure that it has established Osamas presence in the
Abbottabad compound beyond reasonable doubt it decided to act
independently, while the frontline mercenary kept waiting for joint action.
Those killed during the operation on May 2 included Osama and his 24year-old son; the SEALs carried the dead body of the former with them.
Video footage of dead body of Osamas son was released but visuals
of Osamas killing remained a secret, which resulted in speculations of all
kinds. Now it is established that Osama was killed during the raid; it is
primarily so because of the absence of evidence to prove other theories.
But, then why the Americans did not release the footage of him being
shot which was watched live by Obama and top brass of his team? Brigadier
Shaukat Qadir opined that release of the footage of a sick man would have
undermined the pride America planned to take out of elimination of the most
wanted terrorist. It would have been rather a matter of shame that the lone
superpower feared a man who was no more than a living dead.
Obama Administration had plans to take political mileage of Osamas
extra-judicial murder, and it has been doing so for the last one year. Obama
chose the occasion of first anniversary of Osamas killing for a surprise
visit to Afghanistan to sign a long term strategic partnership pact with
Karzai.
7th May, 2012

510

OBL REMEMBERED
Osama bin Laden was remembered on first anniversary of his extrajudicial execution by US Special Forces in Abbottabad on personal orders of
Barack Obama. Osama was widely accused of all the blood that has been
spilled in last two decades in his armed struggle against the United States
and their allies ruling Islamic countries.
While the analysts found faults with all the deeds of Osama, Obama
slipped into Kabul in hours of darkness to celebrate first death anniversary
of Osama. He signed a Strategic Partnership Agreement with Karzai, the
man who was installed in Kabul to replace Taliban who once harboured
Osama and treated him as honourable guest defying the US demands to hand
him over to them.
511

Obama-Karzai Accord has ensured long term occupation of


Afghanistan by US forces. The Crusaders so stationed across Afghanistan in
fortified garrisons will curb Islamic militancy using their own holy version
of terror that causes shock and awe over the target.
On the other side of the border in Pakistan the puppet regimes
Defence Minister took a year to make a half-hearted attempt to claim its
share of the honour of terminating the biggest terrorist of our times. He
declared that his government and its intelligence agencies had helped the US
in killing Osama bin Laden.
In America, the Obama Administration decided to release seventeen
documents selected out of thousands that the SEALs had taken away from
Osama compound in the form of computer hard discs and CDs. Meanwhile,
western media and the analysts remained occupied in highlighting the evil
deeds of Osama.
Of course, the intellectuals in Islamic World did not lag behind their
western counterparts; they too produced heaps of write-ups primarily with
the same aim; demonizing a man who was no more. Some of their works
are reproduced herein.

NEWS AND VIEWS


Exonerating Pakistan: The documents purporting to be in the
possession of Osama bin Laden, discovered from his Abbottabad compound
during the raid on May 2, 2011, by the American SEALs, so far give a clean
chit to Pakistan about the alleged association of some its security officials
with al-Qaeda. Some are supposed to be copies of letters written by bin
Laden and his lieutenants to their operatives or documents listing future alQaeda plans. It must be recalled that the US Administration has been
accusing unknown former ISI officials of hobnobbing with al-Qaeda and
being complicit in its acts of militancy. The documents do make a vague
mention of trusted Pakistani brothers, but that could just mean any
Pakistani citizens, for instance those who believed that his cause was just or
even religious groups whose views are no secret. They could be agents
whose professional duties include contacts with leaders of different
persuasions and whose names also figure in some of the 17 documents
declassified by the US and released to the press on Thursday. That
government officials, whether retired or serving, were involved seems too
far-fetched. Besides, there is no reference to any role these trusted Pakistani

512

brothers were playing; most probably, they were sympathizers of al-Qaedas


cause; and one can find a stunningly huge number who are its sympathizers
not only in Pakistan, but also elsewhere. There could be difference of
opinion about the mode he was employing to achieve his objective, but the
cause itself could win support or at least sympathy. Al-Qaedas main,
perhaps the only, grievance against the US and the West was: the oppression
of the Palestinians by Israel, the American outpost in the Middle East, and
the economic and political injustice of Muslims through the exploitation of
resources of the Arab countries.
Bin Ladens plan to kill President Obama and General Petraeus, were
likely precipitated by his assumption that they were equally determined to
take him out. Another revealing aspect of his thoughts is his aversion to the
indiscriminate murder of people, including women and children. One of his
aides, according to the documents, expressed strong displeasure at the
Tehrik-e-Taliban for targeting mosques, official buildings and public places
where innocent persons would become the victims and warned the TTP
against it. This would absolve bin Laden from the charge that in the name of
religion, which gave an unmistakable message of peace and love for
humanity, his outfit was indulging in such a reprehensible practice.
Yet, the most noteworthy point for Islamabad and Washington in these
documents, issued by the US, is an indirect disclaimer by al-Qaeda chief that
the Pakistan government or any of its minions had been hobnobbing with his
group. One wonders how the US would make up for its persistent
accusations that Pakistan was siding with it and the consequences of this
charge that Pakistan has to bear. (Editorial, TheNation 5th May)
Revealing insight into the Osama home when he was killed:
Osama bin Ladens eldest wife, Khairee Hussain, who joined him a few
months before the raid, was the shrewdest, changed statements at three
different points during her interrogation by different officialsa PhD
(although she mentioned different subjects as her specialization during more
than one interrogation) could be the prime custodian of the still guarded
secrets of the events culminating in the raid. Osamas third wife, Shareeja
was also a PhD and was responsible for teaching all the children who lived
in the compound using reading material electronically, downloaded on a PC3
computer.
Notwithstanding suspicion the rest of the family harboured about her
and even Osamas Pakistani facilitators who opposed Khairees reunion after
eight years, she made a comeback with the approval of her husband, the only
513

person who voted for her return. And when Abu Ahmad al-Kuwaiti (real
name Ibrahim), the famous courier of Osama living with him, went to
receive her and escort her to the Abbottabad hideout housing the worlds
most wanted man, she was strip-searched, and all her belongings checked to
ensure she did not have any chip installed for tracking her movements. As
she rejoined the family, none of Khairees five children accompanied her.
Upon arrival there, she was greeted with scepticism by Osamas 24year son, Khalid who is from his third wife Shareeja Seeham, who would
frequently ask her questions regarding the purpose of her arrival. She
ultimately delivered an intriguing answer: I have one final duty to perform
for my husband.
Her arrival coincided with the start of the blood-testing operation by
Dr Shakeel Afridi, launched by the CIA. Even the oft-quoted phone SIM that
presumably led to the raid on the house, was also used by her for speaking to
the female assistant of Shakeel, though it was in the use of al-Kuwaitis
younger brother. He was known there as Taiq (real name Abrar), according
to the research of Brig. (Retd) Shaukat Qadir, given partial access to the ISI
interrogation record.
Other than access to the ISI record, Shaukat also traveled extensively
connecting dots finally putting them together in the shape of a book
electronically published just a couple of days ago: Operation Geronimo: the
betrayal and execution of Osama bin Laden and its aftermath. Other than
Qadir, The News also obtained a document detailing Khairees interrogation
and spoke to the officials privy to her investigation by the Abbottabad
Commission and the one conducted by the Joint Investigation Team (JIT).
Khairee who was asked to return to Saudi Arabia after 9/11 was
caught by the Iranian authorities along with five children. Osama then
decided to keep his two wives with him: Shareeja (from Saudi Arabia) and
Amal, the youngest wife (from Yemen). His Syrian wife has not been in
touch with him for a long time from whom Osama had 11 children.
How Khairee traveled to meet her husband was met with dodgy
answers to the interrogators. In her first investigation, as reported by Shaukat
Qadir, she claimed to have crossed back into Afghanistan and landed in the
custody of Attiya, al-Qaedas chief in Afghanistan who strip-searched her
and sent her after receiving a go-ahead from Osama to send to Abbottabad.
When examined by the Abbottabad Commission, Khairee claimed
crossing the Pak-Iran border, then heading to the Waziristan area from where
she was collected by al-Kuwaiti who, rather than Attiya, strip-searched her
514

in Afghanistan. She said her son Saad and his wife are somewhere in
Waziristan.
As she was interrogated by Joint Investigation Team (JIT) for carrying
out the deportation process, Khairee said she crossed the Pak-Iran border,
then was brought to Islamabad with the help of some Pushtuns. She changed
her statement yet another time to the same interrogators, saying she went to
Waziristan first, then was taken to Lahore and from there to Abbottabad. On
the question of children, she told the JIT her son Saad and wife stayed in
Iran.
To the first interrogation team, she spoke in fluent English and to the
second and third team of investigators, a translator was hired from Islamic
International Universitys Arabic Department head, Dr Zaitoon Begum, for
this purpose. She told the first team her education was a PhD in Child
Psychology and to the remaining two teams she claimed the doctorate was in
Islamic Education. In terms of years, she would use the Islamic calendar. For
example, she was married to Osama in Jamadi-ul-Awal 1405 Hijri and
traveled to Pakistan from Iran in 1433 Hijri.
In the first interrogation, it was concluded that she arrived in
Abbottabad in February-March 2011. The Abbottabad Commission
understood through her examination that she had arrived in January 2011.
She is from Saudi Arabia, according to the first two interrogations. To the
third team, Khairee said she belonged to Sudan and acquired a PhD in
Islamic Education from Khartoum University.
Shaukat Qadir, on the basis of a transcript of the ISI interrogation
shared with him, says there was a dispute going on among the wives as
Amal, the youngest wife told interrogators that all those living in the
compound were perturbed at her arrival and the suspicion grew further when
Khairee told Khalid that she had arrived for one final duty to perform for
my husband.
As Khalid shared this line with Osama, according to Shaukat Qadir,
he said resigning to fate: so be it. It would be a favour, wouldnt it; putting
me out of my misery? And that is a wifes duty. Osama then also advised his
two other wives and children to leave the compound sensing danger but they
refused. However before the Commission, Amal, the Yemeni wife, did not
mention Khairee's exchanges with Khalid about the last duty to be
performed unlike what she had earlier disclosed during investigation by the
ISI.

515

Contrary to this statement of Amal to the ISI, she was not dismissive
of whatever Khairee stated before the Abbottabad Commission. Khairee told
the Commission that Amal was still not aware about Osamas killing
therefore it should not be revealed to her as doing so would hurt her to an
irreparable degree. Keeping this in mind, when the Commission asked Amal
what she thought about Osamas fate, she said: I think he is dead, and
didnt fully confirm it endorsing what Khairee already reported. According
to the officials privy to the Commissions examination of the wives, Khairee
seemed to have tremendous influence over her fellow wives.
Amal further told the Commission that nobody from the family was
allowed to use cell phones as long as they did not arrive in Abbottabad.
When they were in Haripur, for instance, al-Kuwaiti or his brother would
travel to Risalpur or Peshawar to make calls, instead of doing so from
somewhere in Haripur. In Haripur, the Kuwaiti brothers would be known as
Javed and Salim contrary to Abbottabad where they identified themselves as
Arshad and Tariq.
Upon arrival in Abbottabad, a dish antenna was installed and only alJazeera channel was being watched, Amal told the Commission. None from
Osamas family would use the phone, however, and it was being done by the
courier brothers and their wives who had seven children, she further said.
Intriguingly, Khairee neither went upstairs to the second floor at the
time of the raid where Osama was living in Amals room, nor cared to see
his dead body, she said during interrogation. Sumayya and Mariam,
daughters of Shareeja, went upstairs and saw their father shot in the
forehead. Khalid, their brother, was asked by the father to go downstairs to
take care of al-Kuwaitis families and was shot dead while going down.
In order to reassure that the dead man was Osama, the raiding US
soldiers asked Summayya first in Arabic, she refused divulging his identity,
merely saying he was a man of God. When she didnt cooperate upon
being asked thrice, the soldier slapped her, moving to Mariam with the same
question who confirmed it. Later they rushed downstairs where Khairee and
Shareeja huddled in a corner with the children and reconfirmed that the man
killed upstairs was Osama.
According to Mariam's statement, the raiding soldiers were speaking
fluent Arabic, Pushto and Urdu. (Umar Cheema. The News 6th May)
Bin Laden and the al-Qaeda story: Last Wednesday marked the
first anniversary of the killing of Osama bin Laden. Within three days of his
death the myth that he commanded the absolute loyalty of all al-Qaeda
516

factions began to unravel. Reports sourced to al-Qaeda insiders surfaced in


the Arab print media that it was the outfits Egyptian component led by
Ayman Al-Zawahiri that had tipped off American intelligence through a
Pakistani intermediary about Bin Ladens hideout in Abbottabad.
At first glance this seems like an outlandish conspiracy theory, but AlZawahiris murky past is replete with instances of treachery and outright
betrayal of his close associates. In 1981 he disclosed the whereabouts of
Essam Al-Qamari, a co-conspirator in the assassination of President Anwar
al-Sadat, which resulted in Al-Qamaris execution; in 1989 he was allegedly
involved in the killing of Abdullah Azzam, the ideological founder of alQaeda.
Against this background, reports have also recently emerged that
information was indirectly divulged to US intelligence by Al-Zawahiri
loyalists about the precise location of several non-Egyptian Al-Qaeda
commanders. These included Ilyas Kashmiri (Pakistan) who was killed in a
drone strike on June 4 last year, Atiyah Abdul Rahman (Libya) was similarly
eliminated on August 22, Badar Mansoor (Pakistan) was successfully
targeted on February 9 this year, and several others.
Al-Zawahiri began his jihadist enterprise as a stalwart committed to
the reversal of the Soviet invasion and occupation of Afghanistan, but by the
mid-2000s he had become an agent of Russian intelligence. This was
disclosed in July 2005 in an interview to the Polish newspaper
Rzeczpospolita by Alexander Litvinenko, a senior official of the Soviet KGB
and subsequently its Russian successor, the Federal Security Services (FSB).
Litvinenko, who was killed on November 23, 2006, disclosed that AlZawahiri was an old agent of the FSB who had been trained for six months
by Russian intelligence in Dagestan in 1997. This was later confirmed by the
former KGB agent Konstantin Preobrazhenskiy, as well as by FSB
spokesman Sergei Ignatchenko.
The Doha-based daily Al-Watan was told by disgruntled al-Qaeda
leaders last May that the Egyptians wanted to control the organization since
its inception, but found their biggest opportunity after Osama bin Ladens
illness in mid-2004. It was at this point in time that Al-Zawahiri prevailed
upon Bin Laden to relocate to Abbottabad and then took effective command
of al-Qaeda. This was also corroborated by the US State Department which
disclosed on April 30, 2009, that Al-Zawahiri had emerged as al-Qaedas
operational and strategic commander, whereas Osama bin Laden had
become only the ideological figurehead of the organization.
517

The al-Qaeda leaders health had actually deteriorated sharply towards


the end of the 1990s. This was also conveyed to me by Mullah Omar during
several of our meetings in Kandahar in 1998 and 1999. On one occasion he
said Osama will not live much longer. The sooner he dies the better for
Afghanistan.
Bin Laden was acutely aware that he was living on borrowed time and
this explains his hurry to pull off 9/11. The planning for this event had begun
in early 2000. This is evident from a letter of September 10, 2010, from AlLibi Noman Benotman, a former Bin Laden associate and leader of the
Libyan Islamic Fighting Group, to the al-Qaeda chief. Al-Libi recalled that
Bin Laden had invited him for breakfast at his simple mud house in
Kandahar in the summer of 2000, where Al-Zawahiri was also present.
In the meeting Al-Libi reminded Bin Laden that on several occasions
Mullah Omar had asked him to stop provoking and inviting American
attacks on his country. This was also the advice of senior al-Qaeda
ideologue and religious thinker Sheikh Abu Hafs Al-Mauritani (real name
Mafouz Ould Al-Walid), who had also categorically stated that by defying
Mullah Omar, al-Qaeda was making a mockery of the Islamic Emirate of
Afghanistan. To this Bin Laden replied that one more operation was
underway and he could not stop it.
Even Abu Muhammad Al-Zayyat, the head of al-Qaedas military
committee, had vehemently objected to Bin Ladens final operation as that
was illegitimate without Mullah Omars permission. But the al-Qaeda chief
had made up his mind and went ahead with the fateful 9/11 attacks. This
brought ruin to Afghanistan and eventually resulted in his own inglorious
death.
Referring to 9/11, Al-Libi told Bin Laden: Your actions have harmed
millions of innocent Muslims and non-Muslims alike. How is this Islam or
jihad? For how much longer will al-Qaeda continue to bring shame on
Islam? ...Muslims across the world have rejected your calls for wrongful
jihad and the establishment of your so-called Islamic state...Even the
Palestinians consider your help to have had negative repercussions on their
cause.
Similar opinions have been expressed by Muslim scholars and leaders
worldwide, but some of the influential politicians of Pakistan, a breed of
middle-aged mediocrities, think differently. A few days after the killing of
Osama bin Laden, the Jamaat-e-Islami organized a massive rally in Lahore
in which he was eulogized as a martyr of Islam. Representatives of Imran
518

Khans Pakistan Tehreek-e-Insaf, Nawaz Sharifs faction of the Muslim


League and the banned Lashkar-e-Taiba were prominent among the
participants. Speaker after speaker extolled the valour of the slain terrorist
and severely reprimanded the government for the US commando raid that
killed their hero.
This was not an isolated event as several similar demonstrations have
been held. The most recent being the March 18 public meeting in Chakwal
during which Jamaat-e-Islami chief Syed Munawer Hassan proclaimed Bin
Laden a great martyr and President Asif Ali Zardari the biggest traitor.
The al-Qaeda leader, he said, had been martyred for standing up to that
great Satan, the United States.
Pakistan thus has the dubious distinction of being the only country in
the world where politicians, not only from the religious right but also from
the mainstream political parties, have taken out processions and held rallies
commemorating the arch terrorist of our times as a martyr for the cause of
Islam. It makes little difference to them that an estimated 35,000 civilians
have been killed in terrorist acts perpetrated by extremist groups affiliated to
al-Qaeda.
Shortly before his death, Bin Laden had also worked out a blueprint
for direct al-Qaeda attacks against Pakistan. This was apparent from the
evidence gathered by the Americans from Osamas Abbottabad compound,
which they shared with their Pakistani counterparts during talks in
Islamabad last week.
Al-Qaeda was formally launched in Peshawar on August 11, 1988,
and in the near quarter century since then, it was dominated by Osama bin
Laden. Researchers have described five distinct phases in its development:
(i) the beginning in the late 1980s, (ii) the wilderness period from 19901996, (iii) the heyday period 1996-2001, the network period of 2001-2005,
and (v) a period of fragmentation from 2005 to today.
But what the scholars have not said is that by 2005, al-Qaeda had
deviated from its original objectives and had started killing Muslims, as was
apparent from the assassination attempt on then-president Hosni Mubarak
and the bombing of the Egyptian embassy in Islamabad. By 2006 it had
degenerated into a sectarian outfit with the killing of Shias in Iraq. Muslims
have been the main victims of al-Qaedas jihad.
It is said that the evil that men do lives after them, and so it is with
Osama bin Laden. He will always be remembered as the arch terrorist of his
times. The influential Saudi cleric, Sheikh Salman al-Ouda, said it all when
519

he asked Bin Laden: How many innocent people, children, elderly people,
and women have been killed...in the name of al-Qaeda? Will you be happy
to meet God Almighty carrying the burden of these hundreds of thousands or
millions of victims on your back? (S Iftikhar Murshed, The News 6th May)
Revisiting Abbottabad raid: A year has passed and much water has
gone under the proverbial bridge, yet so colossal was the impact of the
Abbottabad raid that the contours of Pak-US relations stand transformed for
times to come. The palpable sense of shock was understandable. The reality
might be different, but till then there remained a strong perception about the
presence of a close-knit Pak-US intelligence cooperation towards
dismantling the al-Qaeda network that, following the American sweep in
Afghanistan in 2001, had grown roots in the FATA region and developed
presence in the major population centres in Pakistan. Tracking Osama bin
Laden remained a major priority in the sustained intelligence cooperation,
but once the US SEALs landed in Abbottabad and scurried away with
Osamas dead body, without informing or coordinating operational details
with Pakistani institutions and leadership, there emerged a deep seated sense
of incredulity, shock and betrayal.
The hurt caused by such a brazen breach of national sovereignty and
pride was further compounded by derogatory remarks made by Leon Panetta
he was CIAs outgoing chief then who, in a briefing to the lawmakers,
said that Pakistan was either incompetent or involved in aiding the worlds
most sought after fugitive. He also underscored the depths to which the trust
level between the two nations had plummeted; no intelligence about the
operation was shared with Pakistan for the fear of its disclosure to al-Qaeda.
It was decided that any effort to work with Pakistan could jeopardize the
mission. They might alert the targets, he told Time. To top it all, the White
House Spokesman, Jay Carney, said that President Barack Obama reserved
the right to authorize other unauthorized and unilateral strikes inside
Pakistan against al-Qaedas high value targets.
Such uncalled for harangue was downright degrading and the betrayal
felt by the nation over the US arrogance was not without good reason.
Pakistan had provided the vital intelligence and crucial footwork that led to
the arrest of leading al-Qaeda hierarchy; not only reducing the threat of
terrorism to the US, but also providing crucial leads to track Osama bin
Laden. Khalid Sheikh Mohammed, who is accused of masterminded the
attack on the twin towers in the financial district of Manhattan, and Abu
Faraj al-Libbi, the number three in the al-Qaeda leadership hierarchy, were
picked by Pakistans intelligence agencies, and following short detention
520

were handed over to the CIA for further grilling. Sheikh and al-Libbi
provided tangible leads to Osamas compound; they indicated to the
presence of Abu Ahmed al-Kuwaiti, a Pakistani born Pashtun named
Ibrahim, who grew up in Kuwait and acquired the acronym of the courier
in the intelligence lexicon. The courier was the vital link that could lead to
Osama and once Pakistani intelligence agencies shared his initial tracking
reports with the CIA, the latter blanked out on further intelligence sharing;
deciding to go their own way to the acute betrayal of their Pakistani
counterparts.
The arrogance and unilateral launch of Operation Geronimo raked up
understandable public anger and despondency that the nation felt over such a
brazen breach of national sovereignty and pride. Such a gung-ho posturing
might be justifiable in the immediate flush of a long-awaited victory, but
violating the sovereignty of Pakistan is a sensitive matter and a repetition of
Operation Geronimo is fraught with serious consequences; both for Pakistan
as well as the US. This aspect acquires poignancy as the US troops begin to
roll back their presence, while al-Qaeda maintains its footprints in the area
and the threat of terrorism remains real and present.
In this context, the US will be ill advised to sideline Pakistan because
its capability of gathering on ground intelligence on the Pak-Afghan border
belt area remains incomparable. We can also face our detractors by
confidently challenging quixotic US allegations of complicity in hiding
Osama; no smoking gun has emerged despite concerted efforts to find one. It
should be made obvious that sharing intelligence is a two-way process and if
the CIA does not keep Pakistan in the intelligence sharing loop, so be it.
Partnerships are affairs of equality and two-way communications. If the CIA
wants to be suspicious, distrustful and unilateral, then Pakistan should set its
own premium on the process of intelligence sharing.
We also need to make it obvious that our cooperation in the war on
terror is subject to the respect accorded to our borders. The squelching of
NATO supply routes through Pakistan, following the attack on the Salala
check post in November last year is an appropriate step that should help us
in drawing the line against cross border attacks. If the US does not respect us
as a sovereign nation and remains adamant over its right to conduct
unilateral missions without necessary coordination with Pakistan, then no
unqualified support should be expected in return. Trust and respect demand
reciprocation and if Washington tends to be haughty and scornful, we must
calibrate our response accordingly.

521

Pakistan has an important role to play in finding a lasting solution for


stabilizing Afghanistan. Indeed, national interests drive bilateral relations
and in our partnership with the USA, we have to make sure that at the end of
the day we are not left in a cleft stick when it ultimately departs from
Afghanistan. Our interests are legitimate and the concerns to keep our
borders peaceful and friendly, genuinely compelling. Against this backdrop,
we ought to be resolutely prepared to translate our ground strengths into
tangible policy leverage that should effectively deter any future US
adventure inside Pakistani territory. (Mohammad Tariq Bucha, TheNation
7th May)
The last months of OBL: The story behind the tracking down and
killing of Osama bin Laden remains a puzzle despite the torrent of
documentaries and articles appearing on the anniversary of his death. An
absurdly high number of American political leaders, generals, security
officials and former CIA and FBI agents have given interviews claiming a
central role in the hunt for the leader of Qaeda. Many attribute their inability
to find and eliminate him in Afghanistan and Pakistan over 15 years to the
blindness and incompetence of other parts of the US administration. Most
appear to have convinced themselves of their own clear-sightedness and
willingness to tell truth to power throughout the long pursuit.
Much of this is fantasy. There are always those who delude themselves that
they were the crucial brain behind any political, military or commercial
success. The crop of those exaggerating their part in the hunt for Bin Laden
is particularly high, because of obvious motives of career enhancement.
President Obama's own role is systematically emphasized by the
White House, as it is one of Mr Obama's few apparently clear-cut successes
that he can milk for all it is worth during the presidential election campaign.
Immediately after the killing, administration officials portrayed Bin Laden
as a spider at the centre of a conspiratorial web, the well-hidden but
operationally active commander in chief of Qaeda. They later retreated from
these claims that were obviously at odds with his demonstrably limited
contacts with the outside world outside his compound in Abbottabad. Qaeda
had targeted the US, but post 9/11, Bin Laden complained that its most
successful affiliates or franchises were fighting local struggles in Iraq and
Yemen and devoting their resources to killing fellow Muslims. It was
alienating people by falsely taking money and detonating mosques, spilling
the blood of scores of people in the way to kill one or two who were labeled
as enemies. In what would have been one of the most challenging rebranding operations in history, he considered trying to save the reputation of
522

Qaeda by changing its name. He suggested getting in touch with some half a
dozen international journalists, including my colleague Robert Fisk and
Seymour Hersh (assuming that the Simon Hirsh who appears in the
translations released by the Combat Terrorism Center of the West Point
Military Academy in the US is a mis-spelling of his name).
A striking feature of these letters is that there is no evidence that their
recipients made any effort to carry out their leader's instructions. Bin Laden
had become delusional about his organizations capacity, suggesting
shooting down the plane of President Obama. Pakistani militarys role gives
an ambiguous quality to US intelligence operations in Pakistan. For instance,
the US uses its drones to kill Qaeda and Taliban militants in Waziristan and
elsewhere. The drones are launched from within Pakistan, but they would be
useless without intelligence on the ground identifying targets. Discretion on
the part of US and Pakistani military fits in neatly with the need of the White
House, the US military and US intelligence agencies to claim all credit for
identifying Bin Laden's compound in Abbottabad. Pakistani co-operation
was briefly admitted and praised by President Obama on 2 May 2011, the
night of the raid, saying: It is important here to note that our
counterterrorism co-operation with Pakistan helped lead us to Bin Laden and
the compound he was hiding in. The nature of this co-operation was never
spelled out by the US or Pakistan, and foreign media coverage has since
focused almost exclusively on American actions.
The best-informed account of Bin Laden's last 10 years, and the way
in which he was found, comes from the investigative journalist Gareth Porter
writing for the US website Truthout. The main source for the scoop is retired
Pakistani Brigadier General Shaukat Qadir, a 30-year veteran of the Pakistan
army, who spoke to three different couriers in contact with Bin Laden
between 2001 and 2003. They explain how and why he had been
marginalized within Qaeda in the two years after he escaped from the Tora
Bora mountains at the time of the fall of Afghan Taliban in 2001.
By the account of these couriers, who had worked for Baitullah Mehsud,
head of the Qaeda-linked Tehrik-e-Taliban in South Waziristan, Bin Laden
played no active role in the leadership of his organization after 2003. The
couriers no longer felt bound by oaths of secrecy after Mehsud was killed by
a drone in 2009. They say that the Qaeda leader's physical and mental health
had deteriorated after Tora Bora and he had to be moved from house to
house in South Waziristan. He was becoming increasingly unrealistic and
delusional, obsessed with a desire to attack Pakistan's nuclear reactor at
Kahuta (though no bombs were stored there). He had become a physical
523

liability and was going mad, one courier told General Qadir, adding he had
become an object of ridicule among militants in South Waziristan. Another
courier said: Nobody listened to his rantings any more.
A meeting of al-Qaida leaders followed in August 2003, held in a
village in Nangarhar province in Afghanistan at which it was decided to
keep Bin Laden as titular leader but quietly remove him from all operational
control. Abbottabad was the final choice for his place of retirement because
it was far enough from tribal areas and less under the observation of
Pakistani and American intelligence agencies. According to General Qadir, a
routine inquiry by ISI into the owner of the Abbottabad compound, Arshad
Khan, led to the CIA focusing on the compound. Khan was pretending to be
a money changer in Peshawar, but the ISI found that there was no evidence
for this. They ultimately asked the US for a satellite photograph of the
compound where Bin Laden, isolated and embittered, was spending the last
six years of his life. (Patrick Cockburn for Independent, reprinted in
TheNation 7th May)
US troops took gold and cash from Osamas Abbottabad home:
Osama bin Laden's wives who said 'get lost' to the CIA interrogators when
approached for investigation, told Pakistani authorities that the raiding US
soldiers also took away 21 gold biscuits and cash with them on May 2 from
the Abbottabad compound, reveals a document.
According to a transcript of the question-answer available with The
News, Osama's eldest wife in the compound, Khairia Hussain, also known as
Khairee alias Umm-e-Hamza, told the Pakistani interrogators that after
killing Osama, the soldiers asked Maryam and Summayya, daughters of
Osama from Shraeeja Siham, about a big box in the room al-Qaeda leader
lived in. Their next question was 'where is the money'?
The box the soldiers pointed to contained 21 gold biscuits, Khairee
told Pakistani officials. It was taken away as the US Navy Seal team flew
back carrying the dead body of Osama bin Laden. She did not reveal the
amount of money taken away by the US team from the compound.
The raiding team of US soldiers also inquired about the PC3
computer. They were told that it contained reading material as Osama's wife,
Shareeja who would teach all children in the compound, had downloaded
around 4,500 books for teaching purposes.
As for their interrogation by the CIA team, Khairee told another team
of Pakistani investigators that she refused to speak a word with them though
the CIA team was also fluent in Arabic and Pashtu as well. I simply said:
524

'Get lost' when they confronted me with a volley of questions, Khairee said
during an interrogation.
Instead of allowing the CIA officials to ask questions from the
remaining two wives of Osama, Khairee, fluent in English, spoke on their
behalf as well without answering any question raised by them. Investigators
say Khairee was not comfortable with questions being asked when
interviewed by Pakistani officials. Instead, she would complain about the
living conditions as three wives and children were confined to a house at the
Embassy Road.
It has been learnt that after the ISI handed Osama's family to the
civilian side, it was decided to keep them at the Intelligence Bureau's Rest
House situated at the Simly Dam but the agency refused to take them. Only
then, the Interior Ministry shifted them to House No-10 on the Embassy
Road, that was declared a sub jail with a superintendent jail put on guard
duty there. That residential unit was earlier housing an Islamabad police
officer, currently abroad on study leave.
Osama's wives complained, according to the investigators, they were
living in a vast compound in Abbottabad and never felt suffocated unlike
their current residence. They told the interrogators their favourite past-time
in Abbottabad was to look after the vegetables grown in open area, chicken
and cattle kept in the six-kanal Abbottabad compound.
Other than Osama's wives and children as well as his couriers, the
compound was also housing four children of one of the Osama's daughters,
Khadija, who had died of pregnancy complications in 2007 in Waziristan. It
also raises questions about the husband of Khadija and whether he was still
in the tribal area and alive.
Khadija's four children Abdullah, Ayesha, Osama and Siham were
being looked after by her sisters namely Maryam and Summayya, Osama's
daughter of 18 and 19 years respectively, from Shareeja Siham.
As for the weapons Osama would keep, there is a difference in
statements recorded at different forums. At one forum, Pakistani
investigators were told that the al-Qaeda leader had a pistol and hand
grenade with him when the raid was conducted. According to another
account, Osama had an AK-47 rifle with him. Amal, his youngest wife in
whose room Osama would spend most of his time, told interrogators that her
husband would become alert even at the sound of fireworks in the locality,
which seemed to him as if gunshots had been fired on the compound's

525

premises. Soon after, Osama would pick up his AK-47 rifle and look outside
from his room on the top floor. (Umar Cheema, The News 8th May)
One year after Bin Laden: A reporter asked President George W
Bush six days after the 9/11 attacks: Do you want Bin Laden dead?
Theres an old poster out West, as I recall, that says, Wanted: Dead or
Alive, the president answered.
Nearly a decade later, one of the most arduous manhunts in human
history lead to an Osama bin Laden who was alive and well but was
subsequently killed at his safe house in Abbottabad by elite American forces.
The day was May 2, 2011.
One year after Bin Ladens death, what lessons has Pakistan learnt?
Does the network that the worlds most wanted terrorist commanded, the
deadly al-Qaeda, lie in ruins or is it adapting to the lack of a unifying force
and recalibrating its methods and ideology?
Many in the West are making the argument that were Bin Laden alive
today, he would find the world radically changed. No one can deny that the
al-Qaeda stands considerably weakened. The Arab Spring uprisings have
eaten away at one of al-Qaedas main ideological justifications that
dictatorships in the Muslim world could not be peacefully overthrown and
the US had to be attacked as their chief sponsor.
Islamist radicals are now part of emerging governments in Egypt and
Tunisia, pledging collaboration with US officials, while Islamic militants in
eastern Libya, once a recruiting ground for al-Qaeda suicide bombers going
to Iraq, were last year closely cooperating with NATO to overthrow
Muammar Qaddafi.
And finally, the US administration is now ready and willing to engage
with militants of all shades who renounce violence and terrorism. Its a far
shot from the world Bin Laden dreamed of fashioning and ruling. But
dangers remain. Americas on-going battle against terror still requires that
critical questions about the progress of the war be asked, especially
concerning whether the current strategy is working.
No one can deny that the US has a tendency to embark on
imperialistic escapades that land it in all sorts of troubles and from which it
seems to learn few lessons. We know that on 9/11, al-Qaedas goal was to
draw the US into a protracted conflict and bleed and bankrupt the country
Bin Ladens own words and that is exactly what it did: by pitting the US

526

against the larger Islamist world. When Bush invaded Iraq, as so many
commentators wrote then, Bin Ladens plans were realized.
But President Obama seems to be working on a reorientation of
strategy and has tried to get his country out of the permanent war his
predecessor plunged it in by acknowledging there really is only one Islamist
group that attacked the United States directly: al-Qaeda.
The rest, the US is willing to negotiate with now, as part of the
broader Afghan peace process and to extricate itself from a conflict that
seems to have no end but which it is desperate to conclude.
As for Pakistan, one year after Bin Ladens demise, Islamabad has
singularly failed to answer tough questions over whether its security forces
were protecting the worlds most wanted terrorist or if they just failed to
detect his presence in Abbottabad.
For a security establishment that is already accused of playing both
sides in the campaign against militancy, providing straight answers are key,
going forward. As for the civilian government, it has to take responsibility
for Pakistans battle against militancy. If that is a lesson it hasnt learnt one
year after OBLs death, then that is an admission that we are neither
interested in getting on the right side of world opinion, nor in setting our
own house in order. (Areeba Malik, The News 8th May)

REVIEW
This review may be read in continuation of the summing up of the last
article which primarily relates to Osama bin Laden. This is because the need
to have an exclusive article on OBL was felt after finalization of the last
article.
Most analysts, especially the enlightened variety in Pakistan, condemn
Osama bin Laden for spilling blood of innocent people as result of
unconventional armed struggle of al-Qaeda against the United States.
Though the information so far released by the US out of that retrieved during
Abbottabad raid has revealed that Osama was genuinely concerned over
killing of innocent people.
This is also a fact that the released documents have been very
carefully selected by US, yet his concern was far exceeding the one shown
527

by most of his critics or that what the United States pretend to show
occasionally. It is also a fact that atrocities committed by the Crusaders also
exceed in number and brutality.
Osama was not only aware of this aspect but also issued directives to
take measures to curtail it as far as possible, despite the fact that such losses
could not be avoided in this war which had turned ugly the moment the
holy warriors of the US had started indiscriminate use of brute military
force. The Crusaders of 21st Century have spilled blood of innocent children
and women far more than al-Qaeda could ever think of.
Yet, Osama had taken cognizance of the acts of his network and had
expressed concern for more than any leader of the Crusaders; he never tried
to justify brutalities by concocting phrases like collateral damage. The
enlightened observers, analysts and critics accepted these concoctions
without a squeak, but were not prepared to forgive sins of al-Qaeda which
have been just a fraction of what holy warriors did and continue doing.
Osama was also against al-Qaeda attacks inside Pakistan and had
admonished those who had carried out these attacks. He opposed despite the
fact that its rulers, first Musharraf and then Zardari, killed, captured and sold
all those which could even remotely linked to al-Qaeda.
The last years of Osama were a story of loyalty and betrayal. Once the
senior leaders decided to sideline the founder father of al-Qaeda, OBL was
protected and looked after by a Pakistani Pakhtun namely Ibrahim Kuwaiti.
He performed this duty with utmost devotion and secrecy as Osama and his
large family traveled from Kunar to Kohat, Haripur and finally to
Abbottabad, while the United States, European countries and their allies in
Islamic World had launched a world wide hunt for him.
The betrayal aspect revolved around Osamas senior commanders and
his first wife. His wife, Khairee had escaped to Iran soon after invasion of
Afghanistan, where she was arrested along with her children and then
released and allowed to go to her home country, Saudi Arabia.
She then returned to Waziristan via Afghanistan leaving her children
behind. She was allowed to join her husband after search and clearance by
al-Qaeda leaders. Who knows she was won over by Saudi agencies on the
behest of US and then told to return to perform one last duty for OBL.
Osama could be criticized for the tactics and techniques applied by alQaeda in war against the Crusaders from America and Europe and their
frontline mercenaries within Islamic World, but his stated goals and
528

objectives could not dubbed as evil. These were quite noble as compared to
the goals of Crusaders; i.e. demilitarization, de-Islamization and denuclearization of Islamic countries.
He simply wanted the armed forces of the United States to leave the
Arab lands. It was because of the realization that most of Arab problems
(disputes) were related one way or the other, to physical presence of alien
troops and political influence through compliant regimes as today exist in
Saudi Arabia, UAE and Qatar.
If one ponders for a while it will dawn upon as to how right he was in
demanding and fighting for the exit of foreign forces; disregarding the fact
that his endeavours backfired. Things happened to the contrary, primarily
because of the complaint ruling elite in Islamic World.
Their presence has been a major factor of destabilization, fanning inter-state
animosity and bloodletting in the Islamic World in general and Middle East
in particular. This presence is the mainstay of the ongoing Crusades that is
waged against Islamic fascism.
Today this presence provides a strong base for achieving the hegemonic
designs. From here plans for staging regime changes and redrawing borders
of some countries are unleashed. Their presence and influence is also one of
the obstacles in promoting unity of Islamic World.
11th May, 2012

AROUND GLOBE - III


Advance echelons of planned 300 unarmed UN observers were
deployed in Syria to keep watch over ceasefire negotiated by Kofi Annan
with Syrian government. However, violations of the ceasefire continued
resulting in issue of warnings from powers interested in regime change in
Syria.
Incidents of militancy were reported from Iraq while Yemen remained
in the grip of bloodshed where government forces and rebels kept playing
see-saw game. Ouster of Abdullah Saleh has neither brought any significant
relief for Yemeni people nor has the US interference decreased.
Mali and Nigeria in western part of North Africa experienced more
bloodletting in the last fortnight. The West, however, remained more focused

529

on happenings in Egypt where Islamic parties have won two-third majority


and pressing hard the military hard for transfer of power.

NEWS
Far East
On 29th April, seven small bombs exploded in Dhaka after an
opposition supporter was shot dead in clashes. Security was tight across the
country with around 10,000 policemen deployed in Dhaka, offices and
schools were shut amid tensions over disappearance of an opposition leader.
The opposition BNP has been leading protests since one of its leaders,
Ilias Ali, went missing on April 17 in a case it believes was abduction by the
security forces. The BNP supporter was hit by three bullets in the southern
town of Lakshmipur during a fight between BNP and ruling Awami League
party workers; he died of his wounds. Three BNP activists were killed last
week in clashes with police in Alis constituency in Sylhet district.
Next day, Bangladesh police charged 28 opposition officials over a
series of bomb explosions in the capital, as a nationwide strike again
paralyzed the country. The country's deputy home minister Shamsul Haq
said police had filed cases against the BNP leaders based on concrete
allegations

Mainland Asia
On 4th May, at least 20 people were killed in double car bombing in
Caucasus. A woman suicide bomber killed two people in Yunnan Province
on 10th May.

Middle East
Iraq: On 30th April, Iraq's fugitive Sunni Vice President Tareq alHashemi and some of his bodyguards have been charged with killing six
judges, ahead of a trial that is to open on May 3. Hashemi, who is currently
in Turkey, is not expected to attend. Hashemi, who says the charges are
politically-motivated, fled to the autonomous Kurdistan region in northern
Iraq, which declined to hand him over to the central government. It then
allowed him to leave on a tour of the region that has taken him to Qatar,

530

Saudi Arabia and now Turkey. On 9 th May, militants killed four people in
two attacks in Diyala Province.
Palestine: On 27th April, clashes broke out when some 150
Palestinians and Israelis demonstrated in east Jerusalem to protest against
Jewish settlers taking over two houses there. As protesters brandished signs
saying Stop the occupation and Stop stealing Palestinian land, there were
scuffle between one settler and demonstrators and between protesters and
police. On April 18, Israeli police had evicted a Palestinian family of 14
people from their two houses in Beit Hanina after settlers won a court battle
over ownership.
On 2nd May, it was reported that at least 1,550 Palestinians in Israeli
jails were now taking part in a mass hunger strike, with two of them marking
their 64th day without food. The number of hunger strikers is more than a
third of the total Palestinian prison population of 4,700. Israeli Supreme
Court was to hear an appeal against their being held in administrative
detention, a procedure under which suspects can be held without charge for
renewable periods of up to six months at a time.
Syria: On 27th April, thousands protested across Syria as a deadly
suicide bombing rocked the capital, killing 11 people and fuelling growing
skepticism over the prospects of UN-backed peace plan. The official SANA
news agency reported the interior ministry as saying it will not tolerate the
armed terrorist groups and vowed to strike with an iron fist those who are
terrorizing citizens.
The UN appointed Norway's Major General Robert Mood to head the
monitoring force. Mood, 54, knows Damascus well and was there to
negotiate conditions for the advance team. Western nations have expressed
strong doubts that the observers will be able to work, however, and the US
has already warned it may not renew the mission's initial three-month
mandate.
Next day, Syrian troops killed at least 10 rebels in fighting in the
Damascus region. Syrian rebel gunmen in inflatable dinghies attacked a
military unit on the Mediterranean coast, with deaths on both sides. It is
thought to be the first rebel assault from the sea. Lebanon said its navy
seized weapons destined for the rebels.
The ship, the Lutfallah II, is reported to have begun its voyage from
Libya, stopped off in Alexandria in Egypt, and then headed for the port of
Tripoli in northern Lebanon before it was intercepted. The BBCs Jim Muir

531

in Beirut says it is believed the consignment was destined for the rebels in
Syria, with whom the new Libyan regime strongly sympathizes.
Tripoli in north Lebanon is a hotbed of support for the Syrian
opposition, and the authorities in Damascus have frequently complained
about arms being smuggled from the areas into the country. The dinghy
attack reportedly took place further north, about 30km (19 miles) from the
border with Turkey.
Hungary said two of its nationals were kidnapped in Syria by
unknown gunmen, adding that Budapest may dispatch agents to the region to
collect further information. Hungary will look after its citizens who are in
difficulties abroad... Members of the Anti-Terrorism Centre are ready to get
to the region as soon as possible to collect the necessary information.
On 29th April, Major General Robert Mood urged all sides to stop the
violence as he flew in to Syria to lead a UN observer force for a more than
two-week-old ceasefire that has failed to stop bloodshed. We will work for
the full implementation of the six-point Annan plan which the Syrian
government agreed to, he told reporters in Damascus.
As he landed, at least eight more people were killed, including four
soldiers who died in a bomb blast in the northern province of Aleppo.
Snipers shot dead two civilians in Homs city and security forces killed a
civilian in the Hama region, while regime forces killed another civilian in
Deir Ezzor to the east.
Across the border in Lebanon, intelligence officers were questioning
the crew of a Sierra Leone-flagged vessel originating in Libya over
allegations it was carrying arms to rebels. Lebanon said it had intercepted
three containers of heavy machineguns, artillery shells, rockets, rocket
launchers and other explosives destined for rebel forces.
Next day, twin blasts targeting security buildings killed more than 20
people in the city of Idlib; most of those killed were members of the security
forces. The blasts targeted two security headquarters, one housing air force
intelligence and the other military intelligence. Syrian television put the
death toll at nine, among them civilians, and said around 100 people were
wounded.
Hours later a third blast rocked the city's university neighborhood the
explosion targeted a military vehicle. An unknown number of civilians living
near the site of the explosion were wounded. Overnight, a rocket-propelled
grenade hit the central bank in Damascus and an armed terrorist group
532

carried out RPG attack on a police patrol outside a hospital; four policemen
were wounded. Two civilians were killed by a sniper in a village in the
eastern province of Deir Ezzor and one in a town in the central province of
Homs.
General Mood stressed that the monitors need the cooperation of all
parties to achieve their mission. Deputy Foreign Minister Faisal Melded told
Mood that Syria will confront the actions of armed bands and those who
support them, especially after the unprecedented escalation by the terrorist
bands since the first observers arrived, SANA said.
On 1st May, the UN peacekeeping chief accused both the Syrian
regime and its foes of violating a ceasefire accord, as nine members of the
same family and 12 troops were among more than 30 people killed. Nine
members of a single family were among the 10 killed in regime
bombardment of a village in Idlib province. In Deir Ezzor province, 12
soldiers were killed in clashes with rebel fighters.
Lassoes, a UN under secretary general, said government forces and
opposition groups have broken the truce. All the parties need to take further
steps to ensure a cessation of violence in all its forms, he said. At the
moment, two observers are deployed in Idlib, a province bordering Turkey
where rebel fighters of the Free Syrian Army have been active. There are
none in Deir Ezzor.
Next day, rebels killed more than 20 troops in the Syrian armys
deadliest day of a three-week-old ceasefire deal, even as UN observers said
they were having a calming impact as they deploy on the ground. The
government lost 15 soldiers in one attack when rebel fighters ambushed
them in Aleppo province.
Two rebels were killed in the attack near Al-Ray village and two
civilians were killed in Dray. Human Rights Watch accused the regime of
committing atrocities in the eastern province of Idlib shortly before the truce
took effect. The New York-based watchdog accused regime forces of
summary executions, arbitrary detentions and burning and destruction of
civilian property. In some cases, children were executed by regime forces.
On 3rd May, Syrian troops killed four students and arrested some 200
when they stormed an anti-regime protest at Aleppo University, in the north
of the country; 28 students were also wounded, three of them critically.
Activists said the raid was carried out in response to daily anti-regime
demonstrations at the university in Syrias second largest city.

533

Protests in support of the Aleppo students also broke out in several


universities across the country, including at Deir Ezzor, in the northeast,
Dora to the south, and the capital Damascus. Elsewhere, another six
civilians, including a woman and child, were killed by gunfire that targeted
their bus near the town of Saracen in northwest Idlib province, said the
Observatory.
The United Nations accused both sides to the conflict in Syria of
failing to abide by the terms of the ceasefire which it admitted was not
holding. Although the level of violence has gone down since the truce went
into effect, there are still daily clashes and casualties reported among
government troops and armed rebels.
Next day, Syrian security forces opened fire on protesters and ten
people were killed in violence across the country. On 6th May, three persons
were killed in violence in Damascus and heavy fighting was reported from
Deir Ezzor. Meanwhile, despite the violence Syria prepared for
parliamentary elections.
On 8th May, Ban kid Moon condemned brutalities of Assays forces
and expressed concern over escalation of attacks by oppositions activists,
while warning world powers that they were racing against time in Syria.
Next day, rebels killed seven pro-government militiamen in attack in suburbs
of Damascus; eight soldiers were also wounded. Meanwhile, one Lebanese
woman was killed in fire by Syrian border force.
On 10th May, two suicide bombers killed at least 55 people and
wounded nearly four hundred in Damascus in deadliest attack since the
beginning of uprising. Of course, UN observers cannot be blamed, yet
Syrian Foreign Ministry wrote a letter to Ban kid Moon saying these attacks
were works of terrorists armed and funded by foreign organizations and
media. .
Next day, 11 people were killed across country mainly in Hama and
Daraa areas. Tens of thousands staged protest against yesterdays bombing as
Syrian Army foiled another terror attack in Aleppo. World powers, some of
them reluctantly, condemned the attacks that killed more than fifty people.
Yemen: On 28th April, at least seven militants linked to al-Qaeda were
killed in clashes in Yemens south. Yemen has launched an offensive against
Islamist insurgents in the territory. Two more militants were killed in an
attack by tribesmen in another area outside of Lawderd. Separately, a
security official in the southern province of Lahej said a Yemeni intelligence

534

officer was shot dead by unknown gunmen while he was walking near the
main city hospital.
On 3rd May, Yemeni soldiers killed eight Qaeda militants as they tried
to attack an army post in the southern province of Abyan near Bajdar on the
outskirts of the provincial capital Zinjibar. The army has been battling Qaeda
militants, who have renamed themselves as the Partisans of Sharia (Islamic
law), for control of Zinjibar for nearly a year. Next day, at least 12 al-Qaeda
men were killed in fighting in southern town of Loder. On 8 th May, the US
claimed foiling a bid to blow up one of its plane in Yemen. Two days later,
eight militants were killed in US drone strike in the north.

Africa
Mali: On 1st May, the soldiers who staged a putsch in Mali five weeks
ago said they had defeated a counter-coup by foreign-backed forces loyal to
the ousted president in overnight fighting that left 14 dead. Gunfire had
erupted at the national television and radio station, the airport and at the
garrison town near the capital Bamako that is the headquarters of rebel
soldiers led by Captain Amadou Haya Sanogo.
The resurgence of fighting dimmed hopes for a quick return to order
in the West African country where political chaos since the March 22 coup
has allowed Tuareg rebels and Islamists to seize swathes of the vast desert
north. The coup leaders, under intense regional and international pressure,
have allowed a civilian interim government to take over but have kept
making arrests, which witnesses said sparked the latest violence. The
fighting followed an attempt by junta loyalists to detain Abidine Guindo, the
former chief of staff of toppled president Amadou Toumani Toure. Guindo
was the head of the Red Berets presidential guard.
Next day, an al-Qaeda splinter group wanted a total of 45million euros
($60 million) in ransoms for two European women aid workers and seven
Algerian diplomats taken hostage. The Algerians were abducted on April 5
in Gao, northeast Mali, as Islamist and Tuareg separatist groups overran the
north of the country in the wake of a military coup in the capital Bamako.
Nigeria: On 29th April, attackers armed with bombs and guns opened
fire at church services at a Nigerian university, killing around 20 people as
worshippers tried to flee. Explosions and gunfire rocked Bayero University
in the northern city of Kano. At least 22 people were being treated for
injuries.

535

Next day, a suicide attack targeting a senior police official's convoy in


eastern Nigeria killed 11 people and wounded 20. Police said the attack in
the Taraba state capital Jalingo saw a motorcycle ram into the police convoy
amid a wave of similar violence attributed to Islamist group Boko Haram.
There was no immediate claim of responsibility and police declined to name
any suspects.
Speaking at the opening of a summit of the six-nation Lake Chad
Basin Commission in Libreville, President Idriss Deby Itno of neighbouring
Chad called for the creation a joint regional force to battle the spread of
Boko Haram. Officials and experts have expressed concern that Boko Haram
may be building ties with al-Qaeda and expanding beyond Nigeria's borders
to threaten the region, but diplomats say the group's agenda is domestically
focused.
Nigeria is roughly divided between a mainly Muslim north and a
predominantly Christian south. Taraba is located along the eastern-central
border. Boko Haram's increasingly insurgency has claimed more than 1,000
lives since mid-2009. Police and soldiers have often been the victims, but
Christian worshippers have also been targeted.
Boko Haram initially claimed to be fighting for the creation of an
Islamic state in Nigeria's north, but its demands and structure have become
less clear in recent months. It is believed to have a number of factions, some
with political motives, as well as a hardcore Islamist wing. Criminal groups
are also believed to have carried out violence under the guise of Boko
Haram.
On 3rd May, gunmen armed with explosives killed at least 34 people
and wounded 22 in northeastern Nigeria when they attacked a cattle market
and burned it to the ground. The attack Wednesday night in the city of
Potiskum was said to be in reprisal for an incident earlier in the day, when a
gang sought to rob the market but were fought off by traders who caught one
of the attackers. The man who was caught was doused in petrol and a tyre
was placed around his neck before he was burnt to death.
Firefighters have arrived at the market trying to go into open wells to
bring out bodies of people that fell in while trying to flee the attackers.
Islamist group Boko Haram has carried out scores of attacks in northeastern
Nigeria, including in Potiskum, located in Yobe state, but criminal groups
have also committed violence under the guise of the group. Nigeria is
Africas most populous nation and largest oil producer. Much of the
impoverished north of the West African nation remains agricultural, mainly
536

subsistence farming. Oil production takes place in the southern Niger Delta
region.
Libya: On 27th April, a blast ripped through a courthouse in the
eastern city of Benghazi causing serious damage to the building but no
casualties. The blast came just hours after the arrival of the ruling National
Transitional Council, which usually meets in Benghazi during the final week
of every month. Late yesterday, clashes sparked by a prison revolt in
Benghazi left one person dead and at least four wounded.
On 2nd May, Libyas ruling National Transitional Council dropped a
controversial ban against parties organized along religious, regional, tribal or
ethnic lines. Members of the NTC judicial committee read out an amended
version of its law governing formation of political parties, making no
mention of the ban.
Egypt: On 2nd May, thugs attacked an anti-military protest near the
defence ministry in Cairo, sparking clashes which killed 20 people in the
politically tense run-up to Egypts first post-uprising presidential poll. In a
bid to placate the protesters calling for an end to military rule, the ruling
Supreme Council of the Armed Forces (SCAF) said it was ready to hand
power to civilian rule on May 24 if a candidate wins the first round of the
election.
After clashes subsided in the afternoon, hundreds of protesters set off
from Fath mosque in central Cairo towards Abbassiya, chanting martyrs, in
the millions, we are heading to the council. Down with military rule! The
people want the ouster of the field marshal, they chanted in reference to
Hussein Tantawi who heads the ruling military council. In Abbassiya,
hundreds more joined the protests including presidential candidate Abul
Fotouh.
Leading dissident Mohamed ElBaradei denounced what he termed the
massacre outside the defence ministry. The targeted protesters, supporters
of Salafist politician Hazem Abu Ismail, were camped out since the electoral
commission barred the popular hardline Islamist from contesting the
election.
On 4th May, thousands of anti-military protesters took to the streets in
Cairo and Alexandria. At least 59 were injured during clashes and law
enforcers clamped curfew around defence ministry. Heavy gunfire was heard
during the clashes between protesters and troops. Next day, three hundred
537

people were arrested over deadly clashes between troops and protesters in
Cairo.
Sudan: On 29th April, Sudan declared a state of emergency along its
border with South Sudan after month-long border clashes, as four foreigners
allegedly arrested in the Heglig oil region remained in custody. The measure
suspends the constitution and imposes a trade embargo against the South.
Other parts of the border were already under a state of emergency.
Norways ambassador expressed concern that he and other diplomats
had not been able to meet the four foreigners detained by Sudans army
along the tense southern border. Sudans army said it arrested them in Heglig
as they collected war debris for investigation. Kjemprud said repeated
requests had been made for access to the captives.
On 2nd May, The UN Security Council unanimously passed a
resolution giving Sudan and South Sudan 48 hours to halt hostilities or face
potential sanctions. With China and Russia joining the growing calls for a
halt to the growing border conflict, the 15-member council gave emphatic
backing to African Union efforts to halt violence and get peace negotiations
started. Russia and China had opposed talk of sanctions during negotiations
on the US-drafted resolution which calls on the neighbors to immediately
cease all hostilities and withdraw troops to their own territory.
China, which has strong trade ties to both countries and is a key
customer for Sudanese oil, had strongly opposed the threat of sanctions in
the resolution but eventually decided to back it. Diplomats said the African
Unions strong call for potential sanctions had forced Chinas hand. China
backs efforts by regional groups to settle conflicts and could not be seen
going against the AU, they added.
South Africa, one of two African members of the council, also raised
fears over the escalation between Sudan and South Sudan. It is clear that
there can be no military solution to resolving the outstanding issues, said
South Africas UN envoy Baso Sangqu. He said the resolution would bolster
the AU effort to get the two sides away from the logic of war.
Somalia: On 1st May, a suicide bomber killed at least six people
including two lawmakers in an attack in the central Somali town of
Dhusamareb. Lawmakers are struggling in efforts to achieve a roadmap
signed by Somalia's disparate leaders for the formation of a government by
August 20 to replace the weak transitional body in Mogadishu. Under the
538

agreement, the latest among more than a dozen attempts to resolve the
bloody civil war, lawmakers must agree on a system of government for
Somalia's fragmented regional and often rival administrations. The deal
is opposed by the Shebab, who have vowed to topple the Western-backed
government, launching repeated guerrilla attacks. On 8th May, four children
were among seven people killed in mortar fire in Mogadishu.

Europe
On 27th April, explosions left dozens hurt in eastern Ukraine in what
President Viktor Yanukovych called a challenge to the country ahead of its
hosting of the Euro-2012 football tournament. Four blasts went off in central
Dnipropetrovsk around mid-day, injuring 27 people including nine children.
On 30th April, British police said they had charged four men with
intention to commit acts of terror or assisting others to commit such acts
after they were arrested in raids last week. The four were held in the
commuter town of Luton, northwest of London. They were all charged with
further offences relating to the possession of documents or records
containing information of a kind likely to be useful to a person committing
or preparing an act of terrorism. On 6 th May, socialist Hollande ousted
Sarkozy in French presidential elections.

America
On 1st May, a jury on Tuesday found a New York City man guilty on
terrorism charges for plotting to launch al-Qaeda-approved suicide attacks
on the citys subway system. Adis Medunjanin, 28, was accused of receiving
training at al-Qaeda camps in Pakistan along with two high school friends
from Queens before planning a 2009 attack on New Yorks underground
trains, which authorities have called the most credible terror threat to the US
since 9/11.
The US State Department denounced the burning of copies of the
Holy Quran and a depiction of the Holy Prophet Mohammed (PBUH) by a
Florida pastor, saying the acts did not reflect American values. Victoria
Nuland told reporters: This is the act of one individual and in no way
reflects the values of the American people or of the US govt. The burning,
attended by 20 people and streamed live over the Internet, was carried out by
Pastor Terry Jones at his church in Gainesville, Florida on 29th April.
On 5th May, as trial of 9/11 accused began the accused shouted you
are going to kill us in court. On 11th May, The Christian Post reported that
the Pentagon has suspended late last month a controversial military course
539

that portrayed Islam as the enemy and suggested total war as the only way
of dealing with the Muslim religion.

VIEWS
Iraq
Children of Fallujah: families fight back: He needs multiple
surgery outside Iraq. Its a dysfunctional problem. He has no hearing in his
left ear. They told me he has to be six before they can remove cartilage from
his chest wall to put in his ear. All operations have to be outside Iraq to
beautify the ear and give him his hearing.
And all the while his father talks, five-year-old Sayef Alaa sits
obediently on the sofa beside us, doing as his father tells him, moving his
head to show us the scrappy bit of flesh that constitutes his left ear, tipping
his head to one side so we can take pictures of it. Compared to other children
with birth deformities, Sayef Alaa is lucky. He can see, breathe, walk, run,
play and listen to his father and friends with his right ear. And he is a little
boy of much courage.
He hasnt learnt much yet thats because he hasnt been to school,
his father says. Im worried he would be bullied at school. Hes a child, but
sometimes he comes to me and says he knows he has a deformed ear; but it
doesnt matter, he says, because he has no other problems. He is shy but he
doesnt mind seeing you. And here the father points at us as we sit beside
his son on the sofa. But no other foreigners come to see him.
Like others in Fallujah, Sayef Alaas father, who is a businessman,
hopes that NGO officials will turn up at his door one day and offer the boy a
foreign visa, medical treatment abroad, education. It is a dream that will
never be realized not so long as even the Iraqi government takes no
interest in the deformed children of Fallujah.
Sayef Alaa has a three-year-old brother who has no health problems
but then Sayef Alaa was conceived in 2006, two years after the battles of
Fallujah, his brother two years after that. Sayef Alaas mother is his fathers
first cousin but the families had no history of congenital anomalies. Its the
result of chemical weapons used by the Americans in Fallujah, the father
says. He has seen other, much worse abnormalities than that from which his
son suffers. All the other families say the same thing.

540

Yes, my sons case is a bit trivial compared to the rest. But he only
has half his hearing. I have got myself and my son a passport and here
Sayef Alaas father produces the documents for our inspection because
some day a charity organization will knock on my door and take him outside
Iraq.
Yet, remarkably, when I ask him who is to blame, Sayef Alaas father
says almost exactly the same words uttered by the father of 14-month-old
Sayef Mohamed, who has an outsize head and is blind and paralyzed. He
replies at once. I do believe in God, so I leave things to God I dont
believe any human being is going to help. Yes, I was concerned before we
had our second child in case he had similar problems, but I decided to leave
things to God because I wanted this second child.
The family has consulted two Baghdad professors one of them with
a diploma of medicine from Glasgow University and they have a sense of
perspective that others may lack in Fallujah.
Sayef Alaas grandfather claims that the RAF dropped mustard gas
on their distant relatives, in the town of Diyala, in 1917, during the First
World War and that there were deformities even then. Of course, it may be
easy for a family fearful of shaming their honour by admitting their child
suffers birth anomalies to blame the weapons of Fallujahs American
enemies for their misfortunes.
But in that case, why did the US first deny using phosphorus in builtup areas of the city in 2004 and admit the truth only when a video-tape
clearly showed phosphorous being fired into housing concentrations? And
why does no one from outside come to examine Sayef Alaas scratch of an
ear?
Back story: The evidence was clear, but no one cared except you.
Its the same old story. Know nothing. See nothing. Say nothing. When
children died in a plague of cancers in southern Iraq after the 1991 Gulf War,
the Americans and the Brits didnt want to know about it. Nor, of course, did
Saddam Hussein. If children had been poisoned by our depleted uranium
munitions, then Saddam would lose face, wouldnt he?
Margaret Hassan of Care later murdered by unknown killers months
after her kidnapping, following the liberation of Iraq helped us distribute
the medicines from our readers across the country. No thanks from Saddam,
of course. And all the children died. And not a word from our masters,
armaments manufacturers and jolly generals. Its the same again in Fallujah
today. The doctors talk of a massive increase in child birth deformities. The
541

Americans used phosphorous munitions possibly also depleted uranium


(DU) in the 2004 battles of Fallujah. Everyone in Fallujah knows about
these deformities. Reporters have seen these children and reported on them.
But its known nothing, see nothing, say nothing. Neither the Iraqi
government nor the US government nor the British will utter a squeak about
Fallujah. Even when I found in the Balkans a 12-year-old Serb girl with
internal bleeding, constant vomiting and nails that repeatedly fell out of her
hands and feet she had handled the shrapnel of depleted uranium
munitions after a NATO air strike near Sarajevo in 1995 NATO refused to
respond to my offer to take a military doctor to see her.
Already, I had discovered that up to 300 Serb men, women and
children who had lived close to the NATO target in the Sarajevo suburb of
Hadjici had died of cancers and leukaemias over the five years that followed
the bombing. As for southern Iraq after the 1991 Gulf War, the less said, the
better.
I met Ali Hillal in 1998, when he was just eight, in Baghdads
Mansour hospital. He lived next to factories and a television station in
Diyala, the repeated targets of US and British aircraft in 1991, the fifth child
in a family with no history of cancer. Now he had a brain tumour. Latif
Abdul Sattar had non-Hodgkins lymphoma. Youssef Abdul Raouf
Mohamed from Kerbala had gastro-intestinal bleeding. There was Cherou
Jassem in her party dress she wanted her picture taken who had acute
myloblastic leukaemia.
And so it went on as I met each child 14 years ago. Dhamia Qassem,
13, suffered heart failure during treatment for acute leukaemia. Ahmed
Walid, a baby during the 1991 Iraq bombings, developed chronic myeloid
leukaemia in 1995. Many of the parents were with their children during the
raids and some spoke of strange smells, of insecticide and flowers. Western
diplomats who otherwise chose to remain silent wondered if the children
might have been stricken by the smoke from Saddams bombed chemical
warfare factories.
In Basra, I found Dr Jawad Khadim al-Ali who had drawn maps of the
clusters of the new child and adult cancer cases across southern Iraq, some
of the children from the very battlefields in which US tanks fired DU
munitions at Saddams armoured forces. Even when I visited these sites I
found farming families with new cancers. This, the doctors attributed to DU,
of course, not phosphorous, although some researchers have suggested DU
was also used at Fallujah in 2004.
542

What was astonishing, however, was the response. While The


Independents readers gave generously for medicines for the children, the
British governments reaction was pitiful. Lord Gilbert at the Ministry of
Defence, in a letter dripping with sarcasm, said that my account of a possible
link between DU ammunition and childrens cancer coming from anyone
other than Robert Fisk would be a willful perversion of reality. Particles
from DU warheads became difficult to detect, he wrote, even with the most
sophisticated monitoring equipment.
Yet when an Atomic Energy Agency official wrote to the Royal
Ordnance in London in 1998, he said that the spread of radioactivity and
toxic contamination would be a risk to both the military and the civilian
population if not dealt with in peacetime.
In December 1998, Doug Henderson, then the British minister for the
armed forces, wrote in a letter that may soon have to be repeated over
Fallujah that while the government was aware of reports linking DU with
alleged [sic] deformities, cancers and birth defects, the government has not
seen any peer-reviewed epidemiological research data on this population to
support these claims and it would therefore be premature to comment on this
matter.
And so it went on. The authorities had nothing to say since there had
been no peer-reviewed epidemiological data which there would not be,
because no such research would be carried out. Now, too, the same is
happening in Fallujah where DU ammunition may also have been used in
2004, and where white phosphorous certainly was used. But there has been
no peer-reviewed epidemiological data. So goodbye to the children of
Fallujah, their brave parents and any chance of finding out the truth. Unless,
of course, some worthy NGO steps forward with the money and resources
and training to do what neither the Iraqi government nor the Americans have
shown any interest in doing: cataloguing the increase in birth deformities in
a city where US forces fought their toughest battles since the Tet offensive in
Vietnam. Phosphorous can be used to identify targets but if used as a
weapon in civilian areas, it would breach the 1980 Convention on
conventional weapons. Which is probably why no one outside Iraq wants to
hear the name of Fallujah. (Robert Fisk for Independent, reprinted in
TheNation 28th April)

Syria
Dying for democracy in Syria: One of steps that the international
community could take to end the suffering and speed the demise of the
543

Assad regime would be arming the Free Syrian Army. As it stands, the FSA
can only fight what will be a losing battle. The government forces are
heavily armed; the FSA has only small arms. If the international community
does not want to arm the FSA, another option is to enforce no-fly and heavyarmor-free zones.
For now, however, the international community is putting its faith in
the peace plan mediated by former U.N. Secretary-General Kofi Annan.
While I commend Annans work in trying to halt the slaughter of innocent
civilians and I hope it works the violence continues. Even if a truce were
to be honored, I cannot help but wonder what will happen when the people
again take to the streets as I know they will to peacefully demand the
downfall of the regime. My sources say that more than 1,000 civilians,
including 34 children, have been killed by the Assad regime since the ceasefire.
Syria has been ruled ruthlessly by one party for nearly 50 years.
Sooner or later the Assad regime will end. The international community
must help the opposition by funding various opposition leaders to build
political parties, so we can be ready to govern. It must help build democratic
institutions and educate the population about political accountability, an
alien concept to most Syrians, who have known only the anti-democratic
Assad regime.
In short, we need all the help we can get to build a free, fair nation,
one that represents all Syrians and respects human rights, the judiciary,
international law and human life. Syrian lawyer and former judge Haitham
Maleh has been awarded many prizes for his human rights activism. He lives
part time in Europe and part time in the Middle East. (Haitham Maleh for
LA Times, reprinted in TheNation 5th May)

Egypt
How Osama bin Laden is winning, even in death: In the year since
Osama bin Ladens death, it has been a comforting thought for Westerners to
say that he failed. And thats certainly true in terms of Qaeda, whose
scorched-earth jihad tactics alienated Muslims along with everyone else. But
in terms of bin Ladens broader goal of moving the Islamic world away from
Western influence, he has done better than we might like to think.
Egypt is a case in point: This has been a year of mostly nonviolent
democratic revolution. But it has brought to power some Salafist and
Muslim Brotherhood groups that share common theological roots with bin

544

Laden. And the Qaeda goal of driving the apostate, pro-American


President Hosni Mubarak from power has been achieved. Bin Laden was
trying to clean up his movements bloody image among Muslims in the year
before he died. This desire to reattach Qaeda to the Muslim mainstream is
evident in the documents I reviewed that were taken from bin Ladens
compound the night he was killed.
As Wednesdays anniversary of bin Ladens death approaches, I have
been going back over my notes of these messages. I found some unpublished
passages that show how bin Ladens legacy is an ironic mix: His movement
is largely destroyed, but his passion for a purer and more Islamic
government in the Arab world is partly succeeding. In that sense, the West
shouldnt be too quick to claim victory.
Consider this appeal for Muslim unity in a long message to his key
deputy, Atiyah Abd al-Rahman: In these efforts to achieve unity, there
should be a special message directed to our brothers [in Iraq] that stresses
the importance of unity and collectiveness and that they maintain a basic
foundation of the religion, so it must get precedence over names, titles or
entities if they obstruct the achievement of that great duty. As I reported last
month, bin Laden was so worried that killing Muslims had tainted Qaedas
image that he proposed rebranding the group with a different name. What
bothered bin Laden, he wrote, was that Qaeda describes a military base with
fighters without a broader mission to unify the nation.
Qaeda couldnt make the transition from violent jihad to nonviolent
Islamist politics. That wasnt its DNA. Bin Laden continued to plan suicide
operations against America and its political leaders, and he beseeched Atiyah
to find a brother distinguished by his good manners, integrity, courage and
secretiveness, who can operate in the US Basically, he wanted to keep
killing Americans but stop killing Muslims. This theme of internal reform,
which would halt the Muslim bloodshed, is clear in a December 2010
admonition from Atiyah and another deputy, Abu Yahya al-Libi, to the
Pakistani Taliban movement known as the TTP: We stress on the fact that
real reform is the duty of all, and to succeed we should look for and correct
our actions and avoid these grave mistakes.
What were seeing now in Egypt is something that might be called
electoral bin Ladenism. Take the group Gamaa Islamiya, which under its
spiritual leader, Sheikh Omar Abdel Rahman, made the first unsuccessful
attempt to destroy the World Trade Center in 1993. Today, the organization
has formed a Salafist political party with the benign name Building and
545

Development Party. This organization, which like Qaeda traces its roots to
the Islamist theorist Sayyid Qutb, has 13 seats in the new Egyptian
parliament.
Syria will be a test of whether this post-bin Laden Islamist movement
can continue to reject violence or will instead be radicalized by the jihadist
magnet that is Syrian President Bashar al-Assad. The successor to bin
Laden, Ayman al-Zawahiri, has tried to use the anti-Assad battle to
rehabilitate the Qaeda brand even though its another fight that embodies the
Muslim-on-Muslim violence that bin Laden came to abhor.
Zawahiri got little traction with his opportunistic Onward, O Lions of
Syria video in February. But as time passes, Qaeda is slowly becoming a
more potent part of the Syrian opposition. And the battle is still raging in
Yemen, the place that bin Laden believed offered his best chance of victory.
The United States just decided to step up its drone war there, which is a sure
sign that Qaeda poses a significant, continuing threat. So, a year on, its a
time to think about bin Ladens failures but also about the ways his fellow
Islamists have morphed toward a political movement more successful than
even bin Laden could have dreamed. (David Ignatius for Washington Post,
reprinted in TheNation 29th April)

Sudan
Sudan conflict:
The sudden escalation of hostilities along the
oil rich border between Sudan and South Sudan, and the aerial bombing of
Heglig last month, have drawn the international communitys attention to the
African region. History has been unkind to the Sudanese, who are ethnically,
culturally and religiously divided into Christians (south) and Arabs (north).
During British colonization, the two regions were administered
separately, but the south was barely developed. The conflict dates back to
more than 50 years; however, the last 20 years have seen serious civil wars
between the Sudan People's Liberation Army (SPLA) and the Khartoum
government of President Omar Al-Bashir. On January 9, 2011, the
Comprehensive Peace Agreement (CAP) was reached after two bloodiest
civil wars between Muslim Arabs and Christian Africans, in which about
two million people lost their lives. After referendum on July 9, 2011, South
Sudan finally seceded as an independent state under the rule of Salva kirr
Mayardit, as the former SPLA leader, John Garang, died in a helicopter
accident just three weeks after he was sworn in as the first Vice President of
Sudan

546

To make it simpler, we must take a glance at the history of South


Sudan that was a separate entity until 1947, when it was integrated into
Sudan under British rule. With growing grievances against Khartoum,
certain communities from South Kordofan and Blue Nile region joined the
central SPLA. Even the Darfur conflict was aggravated by certain
marginalized factions, who were trained and supported by SPLA although
they did not join it. Therefore, by the time the CPA was signed in 2005,
SPLA was fragmented into two divisions; one formed the South Sudan and
the other communities from regions like South Kordofan and Blue Nile excluding Darfur that remained inside northern Sudan. Khartoum at that
time calculated that if it got rid of South Sudan, it would effectively break up
the SPLA in the middle, separating the strong part of SPLA from the weaker
one and gradually SPLA would have little interest in helping the other
marginalized regions; hence, Bashir would be able to subdue this weak
resistance against his regime. Later on, however, these communities felt
betrayed by the main faction of SPLA, which left them in a relatively
weaker position after independence and could not pressure Khartoum to
reach an agreement. Bashirs regime failed to redress their concerns and so
they launched a civil war against it that led to the turmoil in the border
region between the two states. Anyway, the President is trying to gain
international support to initiate a war against South Sudan. It is interesting to
note that Khartoum has always resisted demarcating the border between the
two countries, thus giving a clear picture of the internal dimension of
Sudans conflict and Bashirs mindset.
To deal with the crisis, the international community, including the
African Union, China, Russia and the US, have stepped up their efforts to
resolve the issue by acting as mediators and threatened Sudan and South
Sudan of sanctions if they do not comply with the Unions demand to settle
the dispute. Despite Bashirs acceptance of an African Union plan to resume
talks with South Sudan, bombing of the border areas continue. The Sudan
conflict cannot be resolved until both the states cooperate with each other to
settle their decade-old conflict and ensure peace and stability. To sum up the
issue, both the states instead of dividing into an African south and an
Arab north, should try to respect the international norms of peace,
humanity, justice and equality; and try to establish two African states marked
by ethnic, cultural and religious harmony of the heterogeneous factions in
the African region. (Aymen Ijaz, TheNation 12th May)

Europe

547

Islamophobia: Europe's new political disease : It took a coldblooded massacre of 77 Norwegian youths by a far-right Christian
extremist, Anders Behring Breivik last summer, to shake the conscience of
Europes political class. It was a horrendous wake-up call to home-grown
far-right violence and ideology, inspired by the rhetoric of vote-chasing
politicians, pseudo academics, media analysts and hate groups like the
English Defence League (EDL) in Britain. Breivik, in his recent trial, has
made vitriolic attack on European leaders for their impotence to stand up
against Muslim conquest of Europe. In this, he is propounding the
Eurabia fantasy that is central to the so-called counter jihadist movement
propelled by ideologues in the USA. Elsewhere, in France, the shockwave of
the far-right National Front polling nearly one fifth of French voters in the
first round of the presidential elections is still reverberating. Both the
socialist candidate and the incumbent president are now wooing the
supporters of Marine le Pen.
In Britain the recent news that the EDL has joined hands with the
British Freedom Party (BFP) is going to have political implications. The
BFP was formed in 2010 by disaffected members of the BNP and whatever
its stated objectives, its main target is the Muslim community. It wants to
ban the niqab, stop the building of new mosques and Islamic schools and
outlaw Sharia (as if it runs Britain!) including Islamic finance. The news that
EDL head Tommy Robinson is to be appointed Deputy Leader of the British
Freedom Party has alarmed anti-racist groups like HOPE Not Hate, and
others.
The alliance of EDL and BFP would be more dangerous than the
BNP: the current EDL head Tommy Robinson (real name: Stephen YaxleyLennon, a tanning salon manager from Luton) has a better media presence
than the Holocaust-denying Nick Griffin. In focusing on Islam and the threat
of Islamist extremists they can have a bigger appeal than the simple racist
agenda of the BNP. With political trust at an all-time low, this far right
alliance may take advantage of voter apathy in national and local politics to
advance their cause.
Be that as it may, we must stand firm and not let our country and
continent slip into the intolerant past. We must join hands to slay the dragon
of Islamophobia and help build Europe again with everyones help, Muslim
and non-Muslim, alike. It is time we listen to the voices of sanity, not hate.
Dr Muhammad Abdul Bari is a parenting consultant. He is a founding
member of The East London Communities Organization (TELCO),
Chairman of the East London Mosque Trust, and former Secretary General
548

of the Muslim Council of Britain (2006-10). (Muhammad Abdul Bari for


Al-Jazeera, reprinted in TheNation 7th May)

America
Warrior in Chief: The US president who won the Nobel Peace Prize
less than nine months after his inauguration has turned out to be one of the
most militarily aggressive American leaders in decades.
Liberals helped to elect Barack Obama in part because of his
opposition to the Iraq war, and probably dont celebrate all of the presidents
many military accomplishments. But they are sizable.
Obama decimated Al Qaedas leadership. He overthrew the Libyan
dictator. He ramped up drone attacks in Pakistan, waged covert wars in
Yemen and Somalia and Authorized a threefold increase in the number of
American troops in Afghanistan. He became the first president to Authorize
the assassination of a United States citizen, Anwar al-Awlaki, who was born
in New Mexico and played an operational role in Al Qaeda, and was killed
in an American drone strike in Yemen. And, of course, Obama ordered and
oversaw the Navy SEAL raid that killed Osama bin Laden.
Ironically, the president used the Nobel Peace Prize acceptance speech
as an occasion to articulate his philosophy of war. He made it very clear that
his opposition to the Iraq war didnt mean that he embraced pacifism not at
all Obamas readiness to use force and his military record has won
him little support from the right. Despite countervailing evidence, most
conservatives view the president as some kind of peacenik. From both the
right and left, there has been a continuing, dramatic cognitive disconnect
between Obamas record and the public perception of his leadership: despite
his demonstrated willingness to use force, neither side regards him as the
warrior president he is.
Obama had firsthand experience of military efficacy and precision
early in his presidency. Three months after his inauguration, Somali pirates
held Richard Phillips, the American captain of the Maersk Alabama, hostage
in the Indian Ocean. Authorized to use deadly force if Captain Phillipss life
was in danger, Navy SEALs parachuted to a nearby warship, and three
sharpshooters, firing at night from a distance of 100 feet, killed the pirates
without harming Captain Phillips.
GREAT job, Obama told William H McRaven, the then vice admiral
who oversaw the daring rescue mission and later the bin Laden operation in
Abbottabad. The SEAL rescue was the presidents first high-stakes decision
549

involving the secretive counterterrorism units. But he would rely


increasingly upon their capacities in the coming years.
Soon after Obama took office he reframed the fight against terrorism.
Liberals wanted to cast anti-terrorism efforts in terms of global law
enforcement rather than war. The president didnt choose this path and
instead declared war against al-Qaeda and its allies. In switching rhetorical
gears, Obama abandoned Bushs vague and open-ended fight against
terrorism in favour of a war with particular, violent jihadists.
The rhetorical shift had dramatic non-rhetorical consequences.
Compare Obamas use of drone strikes with that of his predecessor. During
the Bush administration, there was an American drone attack in Pakistan
every 43 days; during the first two years of the Obama administration, there
was a drone strike there every four days. And two years into his presidency,
the Nobel Peace Prize-winning president was engaged in conflicts in six
Muslim countries: Iraq, Afghanistan, Pakistan, Somalia, Yemen and Libya.
The man who went to Washington as an antiwar president was more Teddy
Roosevelt than Jimmy Carter.
Consider the comparative speed with which Obama and his
Democratic predecessor, Bill Clinton, opted for military intervention in
various conflicts. Hesitant, perhaps, because of the Black Hawk Down
disaster in Somalia in 1993, Clinton did nothing to stop what, at least by
1994, was evidently a genocidal campaign in Rwanda. And Bosnia was on
the verge of genocidal collapse before Clinton decided after two years of
dithering to intervene in that troubled area in the mid-1990s.
In contrast, it took Obama only a few weeks to act in Libya in the
spring of 2011 when Col Muammar el-Gaddafi threatened to massacre large
portions of the Libyan population. Obama went to the United Nations and
NATO and set in motion the military campaign roundly criticized by the
left and the right that toppled the Libyan dictator.
None of this should have surprised anyone who had paid close
attention to what Obama said about the use of force during his presidential
campaign At the final National Security Council meeting to consider
options connected to bin Ladens possible presence in the Abbottabad
compound, Obama gave each of his advisers an opportunity to speak. When
the president asked, Where are you on this? What do you think? so many
officials prefaced their views by saying, Mr President, this is a very hard
call, that laughter erupted, providing a few moments of levity in the
otherwise tense, two-hour meeting.
550

Asked his view, Vice President Joseph R Biden Jr said, Mr President,


my suggestion is, dont go.
For the president, however, the potential rewards clearly outweighed
all risk involved. Even though I thought it was only 50-50 that bin Laden
was there, I thought it was worth us taking a shot, he said. And I said to
myself that if we have a good chance of not completely defeating but badly
disabling al-Qaeda, then it was worth both the political risks as well as the
risks to our men.
The following morning, on Friday, April 29, at 8:20am in the White
House Diplomatic Reception Room, Obama gathered his key national
security advisers in a semicircle around him and told them simply, Its a
go. Three days later bin Laden was dead.
The bin Laden mission will surely resurface in the coming election;
the campaign has already produced a 17-minute documentary that showcases
the raid. This, combined with Obamas record of military accomplishment,
will make it hard for Mitt Romney to convince voters that Obama is a
typical, weak-on-national-security Democrat. And, if Romney tries to
portray Obama this way, he will very likely trap himself into calling for a
war with Iran, which many Americans oppose.
Obama plans to be in Chicago for the NATO summit meeting in late
May, just as the election campaign heats up. Hell arrive knowing that the
United States and Afghanistan have already agreed to a long-term strategic
partnership that is likely to involve thousands of American soldiers in
Afghanistan, in advisory roles, after combat operations end in 2014. (The
details of the agreement are still being negotiated.) This should inoculate the
president from would-be Romney charges that he is abandoning
Afghanistan.
None of this suggests that Obama is trigger-happy or that, when
considering the use of force, he is more likely to trust his gut than counsel
provided during structured, often lengthy, deliberations with his National
Security Council and other advisers. In instances in which the risks seem too
great (military action against Iran) or the payoff too murky (some form of
military intervention in Syria), Obama has repeatedly held Americas fire.
This said, it is clear that he has completely shaken the Vietnam
syndrome that provided a lens through which a generation of Democratic
leaders viewed military action. Still, the American public and chattering
classes continue to regard the president as a thinker, not an actor; a

551

negotiator, not a fighter. (Peter L Bergen for NY Times, reprinted in


TheNation 30th April)

REVIEW
The deployment of unarmed UN observers in Syria is a victory
secured by anti-Assad forces through employment of veteran diplomat Kofi
Annan. He has skillfully secured a foothold in the country in which America,
Europe and their Arab allies want to show the exit to Bashar al-Assad.
The deployment means acceptance of existence of a dispute between
two belligerent forces and at the same time acceptance of foreign
interference in the garb of mediation. The observers will now start
demonizing Assad regime as is evident from the warnings issued to
government forces while simply showing concern over attacks by rebel
forces which are funded by their foreign supporters
The West will now make moves through UN Secretary General and a
stage will be reached, in not too distant future, when need for clamping more
sanctions on rogue regime will be felt. This could be followed by tabling a
resolution in UNSC for deployment of peacekeepers.
The above inferences are corroborated by news about Syria coming
through western news agencies. These are worded suitably to push ahead the
Crusaders viewpoint. The bloodshed in Syria is primarily because of actions
by foreign-backed militants, who qualify to be termed as terrorists but in
these reports they are affectionately called rebels.
What happened on 10th May was a blatant act of terrorism, but the
civilized world was not prepared to call it as such. It was part of their holy
scheme under which the Crusades in Islamic World has been waged. In most
countries this holy war is waged through natives hired as mercenaries;
therefore their acts cannot be dubbed as terrorism.
12th May, 2012

552

WAR WITHIN-IX
The Prime Minister spent best part of the week under review as Royal
guest of the United Kingdom, the mother of parliamentary democracy. His
conviction by the Supreme Court apparently made no material difference for
the guest as well as the hosts and instead David Cameron commended
Gilanis services for the democracy in Pakistan.
He landed on English soil in the company of about hundred-strong
delegation more than one-fourth of which comprised news reporters and
journalists; yet, not much was reported about diplomatic achievements of
Gilani and his team in Pakistani or British media. Notwithstanding the media
blackout Gilani was so satisfied with his tour that he extended it by one
day.
553

The only thing that was reported regularly was that in spite of his
busy schedule Gilani kept firing salvos at his political opponents and critics
back home. The pride of being in the company of foreign masters in London
seemed to have multiplied his arrogance, which was reflected in his
interview to CNN. The CNN reporter told him that according to a survey
one-third of Pakistani wanted to leave their country. Gilani instantly replied:
Who stops them? Why dont they leave?
At home, PPP and PML-N played jalsa-jalsa (rally-rally), primarily to
have verbal bouts over Supreme Courts verdict in contempt case. The PMLN, meanwhile, also made some moves in the hope to perform better in next
general elections; Mumtaz Bhutto merged his party in PML-N and signed an
electoral agreement with Likeminded.
Moreover, for the first time PML-N delivered a master stroke
knocking out Zardaris Seraiki Sooba stunt by adopting two resolutions in
Punjab Assembly regarding restoration of the status of Bahawalpur and
creation of Janoobi Punjab. Raja Riaz was also lured into support the idea of
constituting a commission for deliberating on creation of more provinces.

NEWS
Power politics: On 7th May, DG FIA Javed Iqbal proceeded on
three months leave finding him unable to be part of the rulers campaign to
fix the Sharifs following the recent upsurge in the political temperature in
the country. Three days back some alleged FIA officials had picked up a 70
years old retired accountant of Mian Nawaz Sharif without any such
authorization or information of the DG FIA, which led to tense relations
between Interior Minister and DG.
Candidates of PML-N and PML-Q won a seat each for provincial
Assembly in by-polls in DG Khan. Both seats had fallen vacant after
election of incumbent MPAs election as Senators and both seats have been
won by the parties that had vacated the seats; status quo remained firmly in
place.
On 9th May, Mumtaz Bhutto announced merger of his party Sindh
National Front with the PML-N. Addressing a rally at Mirpur Bhutto in
Larkana he said Nawaz Sharifs viewpoint was closer to his and he would
continue his struggle from new platform. Nawaz welcomed the merger and
both the leaders criticized Zardari regime.

554

The government faced severe criticism in Senate more from its


allied political parties than the opposition on the issue of retaining some
vertical programmes with the federal government of the ministries devolved
to provinces. The situation worsened when Chairman Senate Nayyar
Hussain did not entertain a motion moved by Senator Raza Rabbani and was
unanimously backed by government and opposition and that resulted in
staging of a walkout.
Next day, Prime Minister Gilani said Imran Khan has no political
future; he cant win his own seat. On 12 th May, PML-N and PML-LM
contracted an electoral agreement in Lahore according to which Likeminded
would get 11 percent seats in national and provincial assemblies. The
document was signed by Iqbak Zafar Jhagra and Hamayun Akhtar and
ceremony was attended by Nawaz Sharif, Hamid Nasir Jhagra and others.
The Likeminded pledged to take part in anti-government movement.
Maneka resigned from party post in protest of not inviting him to attend the
ceremony. Next day, Atta Maneka withdrew his resignation on persuasion of
Humayun Akhtar. Meanwhile, Imran Khan addressed women convention
otganized by his party on Mothers Day. He said that ruling mafia was
breathing its last.

Rule of law: On 7th May, Major General Zafar Iqbal was appointed
as new DG of ANF. Next day, Rehman Malik and Farahnaz Isphahani did
not bother to represent themselves in the court hearing dual nationality case.
The court adjourned giving fresh date for hearing.
On 11th May, Usman Cheema reported that ephedrined Lashari
copycats Haqqani. Kushnood Lashari a prime suspect in the high-profile
ephedrine import case does not seem to be coming back from Canada,
apparently to avoid inquiry by the ANF. He too had left country for health
reasons.
In an ostensible administrative move, the government swapped
Secretary Narcotic Division Zafar Abbas Luk and FIA Director General
Javed Iqbals positions; it amounted to killing one and saving another
with one stone. Luk was rescued as he was in trouble due to ephedrine scam
and Javed was given marching order for refusing to pressurize Sharif
Brothers. On 12th May, Interpol sought details of the case from Pakistan in
response demand for arrest of Musharraf in Benazir murder case. Musa
Gilani was excused from appearing before ANF team investigating
ephedrine scam.

555

Defiance of judiciary: On 7th May, addressing a gathering of


editors and senior journalists, Nawaz Sharif said a convict has no right to
remain Prime Minister He blasted the government for landing the country in
hot water. The PML-N chief said that President Zardari was solely
responsible for what was happening to the Supreme Court and other national
institutions.
Ahmad Noorani reported that Prime Minister Gilani appeared to be in
a hurry to issue as many orders after his conviction that could benefit his
favourites and earn him political mileage, no matter if they violate even
more Supreme Court verdicts. In one such order he reinstated 300
employees of Pakistan Agricultural Research Council in violation of the
Supreme Court.
Judicial Commission met in Islamabad and recommended eight names
for appointment as judges of Sindh High Court, but deferred the
appointment of two ad hoc judges in the Supreme Court. Meanwhile, Babar
Awan raised white flag at Judiciary. He tendered unconditional apology in
contempt of court case. He begged for restoration of his law practicing
licence. As an additional endeavour to mend fences with Judiciary he termed
appointment of ad hoc judges as legal.
Next day, the convicted Prime Minister proceeded for London yatra
along with an entourage of seventy people. on board Pak-002 he talked to
media. Referring to the conviction for contempt, after notice taken by the
Supreme Court, the PM mused, How can the complainant of a case also be
the one who decides its fate in a court system? Also, there can be no
question of a disqualification on a civil charge, with a punishment of less
than two years. Even Mian Nawaz Sharif was fined Rs1500 when he was
caught speeding on the motorway. He was convicted as PM, so why was he
not then disqualified?
The expected route in the next few weeks is that an appeal would
follow the detailed order. Should the appeal be rejected, the speaker would
be required to see if a question of disqualification had arisen. Should she feel
that a question has arisen; the matter would then be referred from her office
to the Chief Election Commissioners. Pointing to the impending
announcement of a new chief election commissioner, the PM said the big
question was: who would disqualify him - meaning, who would be the next
CEC?
The PM scoffed at the possibility of a long march and said he had
never heard of a democracy where a long march in solidarity with the
556

judiciary was being hosted by a clutch of political parties. He offered kindly


advice to opposition: If they are really serious, they (PML-N) should resign,
get together with Imran Khan. In that case, maybe, maybe they may succeed.
If they do not follow this formula, there is a real danger for them that we
may again be forming the next government. Frankly, I am hurt by their
attitude. Even when they were convicted for 9 years in exile, we did not
taunt them even once. I still speak of Mian Muhammad Nawaz Sharif with
the utmost respect. The PML-N is in government everywhere, in every
province. They want to be in government and agitate against it at the same
time. For one federating unit to agitate against another federating unit is
treason. Imran Khan is threatening to them, because he is definitely not in
government. He is giving them good advice, if they do not resign, they
cannot dislodge us. But the PML-N is not willing to burn its boats. There is
no history to be made without resignations. Stop playing to the gallery and
then backing away. You need our help, even to defeat us. Our coalition
government has a two-thirds majority in the Parliament. Why should I listen
to those fringe voices who are anti-democratic? If you want to get rid of the
Prime Minister, bring a vote of no confidence. Im ready.
With an opposition bent on extending its time in government to the
maximum possible, in order to have a say in the formation of a caretaker
government and to benefit from the extra time in the assemblies to prepare
for general elections in early 2013 - the scene looks set for Mr Gilani to stick
around for some time yet. Whatever their moral grounds, the opposition
has not yet succeeded in finding legal grounds to oust the Prime Minister.
When Gilani was showering these pearls of wisdom, the Supreme
Court announced the 77-page verdict just hours after Gilanis departure to
the United Kingdom on a five-day state visit. Syed Yousuf Raza Gilani,
Prime Minister of Pakistan/Chief Executive of the Federation, is found
guilty of and convicted for contempt of court under Article 204(2) of the
Constitution of Islamic Republic of Pakistan, 1973 read with Section 3 of
the Contempt of Court Ordinance (Ordinance V of 2003) for willful flouting,
disregard and disobedience of this courts direction contained in paragraph
No 178 of the NRO judgment, the detailed order stated.
The verdict said the contempt committed by the prime minister was
substantially detrimental to the administration of justice and tended to bring
the court and the judiciary of the country into ridicule. The judgment, also
including a six-page additional note of Justice Asif Saeed Khan Khosa, was
authored by Justice Nasir-ul-Mulk, who headed the seven-member bench
that heard the contempt of court case.
557

The court notes that the accused is the highest executive functionary
of the state and has willfully, deliberately and persistently defied a clear
direction of the top court of the country. We are, therefore, fully satisfied
that such clear and persistent defiance at such a high level constitutes
contempt which is substantially detrimental to the administration of justice
and tends not only to bring this court but also brings the judiciary of this
country into ridicule.
If orders or directions of the highest court of the country are defied
by the highest executive of the country then others in the country may also
feel tempted to follow the example leading to a collapse or paralysis of
administration of justice besides creating an atmosphere wherein judicial
authority and verdicts are laughed at and ridiculed.
The respondents stand amounts to saying that the order of this court
is non-implementable, as he believes that the same is not in accord with the
Constitution of Pakistan and the International law. This argument, if
accepted, would set a dangerous precedent and anyone would then
successfully flout the orders of the courts by pleading that according to his
interpretation they are not in accord with the law.
The court noted that Aitzaz Ahsan in his written submissions brought
on the record at the end of his oral arguments had specifically adverted to
the provisions of Section 18 of the Contempt of Court Ordinance and, thus,
he was fully aware of the applicability and implications of the said legal
provision vis-a-vis the case against him. But throughout his oral arguments
and submissions Aitzaz had failed to utter even a single word on the subject.
According to the judgment, the executive authority may question a
courts decision through the judicial process provided for in the Constitution
and the law but is not entitled to flout it. The court undoubtedly, and quite
rightly, stated that the rules be followed for the purpose of implementation of
the courts direction but unfortunately the rules were used for its nonimplementation.
It further says as it turned out during the current proceedings, the
prime minister had never intended to comply with the court orders regardless
of any advice. He cannot shift the blame or the responsibility to his advisors
for not giving him proper advice. The respondent has taken a conscious
decision in that and he must accept responsibility for the same.
Attorney-General Irfan Qadir, who replaced Maulvi Anwar-ul-Haq,
did not put forth arguments in favour of the prosecution rather pleaded that
there was no evidence, whatsoever, on the basis of which the respondent
558

could be held guilty of contempt. The judgment says, We were, thus,


rendered one-sided assistance only. He before concluding his arguments
stated that the evidence on record does not establish the charge of contempt
against the respondent.
Aitzaz argument was that being the head of the state, the president
had absolute and inviolable immunity before all foreign courts, so long as he
was in the office, from any civil or criminal matter, for acts, private as well
as official, done before or after taking office. That after leaving the office, he
may become liable to such proceedings.
The court noted that he did not invoke the provisions of Article 248 of
the Constitution for the grant of immunity to the President of Pakistan and
clarified that such immunity could be invoked by the president himself. His
arguments on immunity were based on the Customary International Law.
Justice Asif Khosa in his additional note stated: The respondent is our
elected representative and our prime minister and in his conviction lies our
collective damnation. This surely calls for serious introspection. I believe
that the proposed judgment authored by Justice Nasir-ul-Mulk is a step
towards the right direction as it kindles a flame of hope for a future for our
nation which may establish a just and fair order, an order wherein the law
rules and all citizens are equal before the law.
Justice Khosa says the respondent is the chief executive of our
federation who has openly and brazenly defied the constitutional and legal
mandate regarding compliance of and obedience to the court judgments and
orders. Our own recent history reminds us that the Chief Justice of Pakistan
did not possess or control any division when he refused to obey the
unconstitutional dictates of General Pervez Musharraf, who commanded
quite a few divisions, and still emerged victorious with the help of the
people. The lesson to be learnt is that if the cause is constitutional and just
then the strength and support for the same is received from the people at
large who are the ultimate custodians of the Constitution. I am not too sure
as to how many divisions would a population of over 180 million make!
The honourable judge wrote that the ultimate ownership of the
Constitution and of the organs and institutions created thereunder as well as
of their powers rested with the people of the country who had adopted the
Constitution and the institutions. He further stated that it was obvious that a
person defying a judicial verdict in fact defied the will of the people at large,
adding that the punishment meted out to him for such recalcitrant conduct or
behaviour was inflicted upon him not by the courts but by the people of the
559

country themselves acting through the courts created and established by


them.
It may be well to remember that the constitutional balance vis-a-vis
trichotomy and separation of powers between the Legislature, the Judiciary
and the Executive is very delicately poised and if in a given situation the
Executive is bent upon defying a final judicial verdict and is ready to go to
any limit in such defiance, including taking the risk of bringing down the
constitutional structure itself, then in the final analysis it would be the
responsibility of the people themselves to stand up for defending the
Constitution and the organs and institutions created and established
thereunder and for dealing with the delinquent appropriately. Justice Khosa
quoted an adaptation of the poem of Khalil Gibran:
Pity the nation that achieves nationhood in the name of a religion but pays
little heed to truth, righteousness and accountability which are the essence of
every religion.
Pity the nation that proclaims democracy as its polity but restricts it to
queuing up for casting of ballots only and discourages democratic values.
Pity the nation that measures honour with success and respect with authority,
that despises sublime and cherishes mundane, that treats a criminal as a hero
and considers civility as weakness and that deems a sage a fool and
venerates the wicked.
Pity the nation that adopts a Constitution but allows political interests to
outweigh constitutional diktat.
Pity the nation that demands justice for all but is agitated when justice hurts
its political loyalty.
Pity the nation whose servants treat their solemn oaths as nothing more than
a formality before entering upon an office.
Pity the nation that elects a leader as a redeemer but expects him to bend
every law to favour his benefactors.
Pity the nation whose leaders seek martyrdom through disobeying the law
than giving sacrifices for the glory of law and who see no shame in crime.
Pity the nation that is led by those who laugh at the law little realizing that
the law shall have the last laugh.
Pity the nation that launches a movement for rule of law but cries foul when
the law is applied against its bigwig, that reads judicial verdicts through

560

political glasses and that permits skills of advocacy to be practiced more


vigorously outside the courtroom than inside.
Pity the nation that punishes its weak and poor but is shy of bringing its high
and mighty to book.
Pity the nation that clamours for equality before law but has selective justice
close to its heart.
Pity the nation that thinks from its heart and not from its head. Indeed, pity
the nation that does not discern villainy from nobility.
Most jurists said that the Supreme Court detailed judgment has set a
clear guideline for the Speaker National Assembly on the fate of Prime
Minister. Some legal experts still feel that there is room for the Speaker to
exercise her discretion. Therefore, it could take months to decide the gate of
the convict Gilani. Meanwhile, Zardari summoned party leaders and legal
wizards for consultation.
Addressing a public rally in Garhi Khairo in Sindh, which was part of
Go Gilani Go campaign, Nawaz Sharif said Zardari the government did
nothing for the people. He accused Zardari of betraying the nation,
especially the PML-N and charged Gilani for violating the Constitution. He
said: You (PM Gilani) chose to stand by President Zardari, now face the
music. Now it is too late for you to do anything to help yourself.
Speaker National Assembly who is politically affiliated with the PPP
has been asked by the partys high command to exercise her discretionary
power under Article 63(2) of the Constitution for nullifying the question
regarding disqualification of Prime Minister taken up in Supreme Courts
detailed judgment in contempt case. The Speaker under the rules has to
decide within 30 days.
Lahore High Court admitted plea for early hearing seeking
disqualification of Prime Minister Gilani under Article 63 of the
Constitution. PML-N walked out of Senate after exchanging allegations with
PPP. Rehman Malik said references against Sharifs have been sent to NAB.
On 9th May, the Supreme Court sent copies of detailed judgment to
President, Speaker National Assembly and Election Commission for
implementation. ECP called a meeting of its members and decided to denotify Gilani after receipt of intimation from Speaker of National Assembly.
Gilani was not surprised by release of detailed judgment at a time
when he was heading for London. He said that he knew it would come when

561

he would be out of Pakistan, but he claimed it has no negative effects on his


visit, rather he has extended it by one day for being quite useful.
Rehman Malik, also in London, said Nawaz Sharif, in his desire to
become prime minister third time has lost his principles and senses; he has
gone from Mian Nawaz to Baby Nawaz. Someone has whispered in his ear
that if he pushes for early elections, Imran Khan will not be ready quickly
enough and he will win. theyre wrong and he should know it.
PML-N canceled its protest rallies as Britain refused permission for
such rally during the visit of Prime Minister Gilani. The PML-N had planned
protests at five places during the visit of Gilani at different places. Some
suspected that PML-N canceled protests on its own, but its leaders denied
such reports.
MQM submitted a bill in the National Assembly and Senate
secretariats seeking establishment of a mechanism to investigate credible
claims of innocence made by a convict and offer redress in case of any
miscarriage of justice. Some legal experts suspected that the timing of the
bill indicate an endeavour to rescue convicted Gilani.
In 75th meeting of the PEMRA the authority decided to take action
against TV channels involved in airing derogatory and humiliating
programmes purposely meant for character assassination of individuals and
organizations in the guise of parody or satire. The authority also asked
channels to stop excessive advertisements and foreign content being run
beyond the permissible limit.
Next day, Gilani met his British counterpart and David Cameron
commended guests services for democracy in Pakistan; the host also
assured the guest about revival of international cricket. The two leaders also
agreed to promote volume of bilateral trade in next three years. In Lahore,
Gilanis adviser Fawad Chaudhry alleged verdicts of Supreme Court were
losing credibility.
On 11th May, PPP and PML-N organized rallies for and against Gilani.
MNA Hamza Shahbaz termed Gilani a traitor for protecting the Swiss
accounts of a looter of national wealth. He observed that the masses have
decided to send Gilani back home.
LHC adjourned hearing of a plea against Gilani for holding the office
of prime minister as a convict. Meanwhile, a similar petition was filed by a
lawyer in the Supreme Court begging the court to restrain Gilani from

562

holding the office of prime minister after his conviction in contempt of court
case.
Next day, in London Gilani vowed to protect the Constitution at all
costs and not to be deterred by any threat. He reiterated that he wont stab
the party in the back. He alleged that there were many contempt of court
cases in the apex court but my case was picked up specially. He also
mentioned cases pending against Sharifs and regretted PPP signed CoD with
them.
PPP held a public rally on Sindh-Punjab border at Ghotki; Sindh Chief
Minister addressed the rally. He threatened that 50 million Sindhis would
march on to Lahore if Sharifs did not behave. He said the PPP was not afraid
of intrigues and threats. Zardari lauded holding of the rally.
Nawaz Sharif addressed a mammoth Go Gilani Go rally in Khushab
and demanded resignation from Prime Minister. He served an ultimatum to
the government to end load shedding of electricity and said he would
personally join the protests if it failed to resolve the crisis within next two
days.
Speakers at national conference in Karachi questioned Chief Justice
that what was stopping the apex court from taking notice of the violence that
struck the city five years ago. They held Governor Ishrat responsible for
May 12 carnage and demanded registration of a case against him. Lawyers
observed Black Day across country. Meanwhile, MQM organized Quran
khawani for its martyrs of May 12.
On 13th May, PPP took out a pro-Gilani rally in Lahore; Imtiaz
Warriach addressed the rally and vowed to send Sharif brothers to Jati Umra.
Maulana Zubair of JUP vowed to launch drive against convicted Gilani. He
said PPP and PML-N have resorted to staging mock confrontation.

Taming the military: On 9th May, General Mirza Aslam Beg


submitted his statement before the bench hearing Mehrangate case. He
denied any role on his part played in distribution of money among
politicians. General Beg said the then DG ISI, General Assad Durrani was
not under his influence and he acted on his own in connivance with Younis
Habib.
Next day, the NAB submitted the plea-bargain report of Younus
Habib, while counsel of Air Marshal Asghar Khan presented the Mehran
Bank and Habib Bank inquiry reports to the court hearing Mehrangate case.

563

The bench granted General Begs request to make his statement part of
record.

Recessing economy: On 12th May, delay in release of funds for


Thar Coal Project due differences between members of the Planning
Commission led to delay in release of required funds. It resulted into reports
regarding abandonment of the project; Dr Samar Mubarakmand regretted the
decision and Planning Commission denied reports.
Next day, Dr Samar Mubarak alleged that Planning Commission
wanted to scuttle the Thar coal project. He said his team was about to enter
electricity generation phase as four well have been flamed. He vowed to
continue the project to provide the cheapest electricity to the country.

Provincial disharmony: On 8th May, MQM pressed PPP on


Hazara Province despite opposition of ANP. Sporadic protests over power
load shedding continued across Punjab. Next day, massive protest rallies
were held in various cities and towns across Punjab over power outages. The
life in Faisalabad came to standstill due to load shedding.
Punjab Assembly unanimously passed two separate resolutions
seeking division of Punjab by carving two more provinces out of it. Janoobi
Punjab and Bahawalpur. The opposition raised slogans Takht-e-Lahore and
Jati Umra Al-Vida. Surprisingly, PPP and PML-Q did not oppose restoration
of provincial status of Bahawalpur in resolutions moved by Rana Sanaullah.
The resolutions called upon federal government to constitute commission
without delay to settle the constitutional, legal and administrative issues.
President Zardari greeted the people of South Punjab over the
unanimous adoption of resolutions by the Punjab Assembly. In his message,
Zardari said that PPP and its allies took the first concrete step by adopting a
resolution in the National Assembly that called for creation a separate
province of Janoobi Punjab (Seraiki Province).
On 10th May, violent protest rallies were held across Punjab for
unprecedented power outages in the province. Protests were also reported in
some parts of KPK and AJK. Kamal Ali Agha of PML-Q warned the
government that it would be difficult for his party to continue as a partner in
the PPP-led ruling coalition if the problem of load shedding was not
properly dealt. In Lahore, Shahbaz Sharif joined protesters and vowed to
march on to Islamabad.
Next day, two-member bench of Supreme Court hearing the petition
moved by an MNA of PML-N inquired from the government to determine
564

responsibility that who caused delay in finalizing Nandipur and Chicho-kiMallian contracts for power generation that affected national exchequer
adversely.
After violent protests across Punjab over power outages President
Zardari, who has surrendered all his powers to Prime Minister, passed
directive to Finance Minister to release Rs7 billion to IPPs that had stopped
power generation for want of fuel. In addition, disbursement of another Rs4
billion would be made in next few days; resultantly, the load shedding will
decrease to tolerable limits for some time. The Senate, however, was told
that the government has released Rs23 billion.
On 13th May, hundreds of activists of Mohajir Sooba Tehreek rallied
in Korangi Road Karachi to press their demand for separate province for
Urdu-speaking community. The leaders in the speeches asked the
government to immediately pass a resolution for creation of new province.

Baloch militancy: On 8th May, unknown gunmen shot dead SP


CID in Quetta. Two more missing persons reached their homes. One person
was wounded in bomb blast in Panjgur. Next day, four people were killed in
incidents of violence in Quetta, Jaffarabad and Kalat. a missing person
reached home in Bolan.
On 10th May, a policeman was among four people killed in incidents
of violence across the province. ICRC suspended its work in Pakistan after
recovery of dead body of its worker, Khalil Dale from near Quetta. Next day,
two people, including a Police inspector were shot dead in Quetta and
Mastung. A provincial minister said there is no harm in corruption in
Balochistan.
The Supreme Court raged in fury as not only did IGFC flout their
order to appear before them but Police also said they have proof FC picked
the three missing persons the court had ordered to produce. The court
directed Police to produce footage in next hearing, directing both IGs to
produce missing men on May 14 or appear in person to explain the situation.

Turf war in Karachi: On 7th May, Rehman Malik briefed Zardari


on Lyari situation, who directed the interior minister to bring outlaws to the
book. Nabeel Gabol termed Lyari operation a plot against PPP. One of the
most wanted Lyari leaders, Habib Jan Baloch made it to London to stage
protest during Gilanis London visit. Four people were killed in incidents of
violence. Next day, five people were killed in Karachi violence.

565

On 9th May, six people were killed in incidents of violence in Karachi.


Next day, four more people were killed in the city. On 12th May, two political
activists were among four people killed in violence in the mega city. Several
suspects were held in midnight operation in Mangupir area.
Next day, a religious leader and his driver were shot dead in Karachi
in drive-by shooting; two of his security guards were wounded. The
assailants escaped and Police said it appeared to be sectarian killing. As the
news spread incidents of firing were reported from different places in which
four people were injured. In a separate incident a political activist was killed
and dead bodies of two young men were found.

VIEWS
Defiance of judiciary
The way forward:
The Judicial Commission of Pakistan has
put on hold the appointment of two ad hoc and one acting judge for the
Supreme Court that would be hearing Prime Ministers possible review
petition, after reservations from the legal fraternity. In one of the judgments
of the Supreme Court, it categorically exhorts against the practice of
appointing ad hoc judges. No wonder the lawyers demand for appointing
permanent judges has been heard. One hopes the commission would endorse
their viewpoint all the more so since already there exists a vacant slot for
permanent judge. There are also demands that in order to complete the bench
for the expected review petition the incumbent acting Chief Election
Commissioner could be included.
The lawyers community is right in saying that the tradition of
appointing ad hoc judges sometimes affects quick and impartial dispensation
of justice. Under the circumstances, when the Supreme Court of Pakistan is
working day in day out hearing cases of grave political and constitutional
nature, its energy should not be depleted with the shortage of full time
judges, not ad hoc. (Editorial, TheNation 9th May)
Guilt detailed: The Supreme Court has given its detailed judgment
against Prime Minister Gilani and the guilty verdict stands in fact
reinforced with categorical words that the judiciary has been ridiculed. Some
Khalil Gibran poetry has also been thrown in urging people to think about
their moral standards. The PPP is angry and its spokesperson Fauzia Wahab
is asking the nation to pity the judges. Barrister Aitzaz Ahsan is still not
satisfied and will appeal the judgment. There is still some doubt over what
566

role the Speaker of the National Assembly has, or does not have, to play in
disqualifying the PM and whether the Election Commission will now act on
its own. The position of the Prime Minister has definitely been grossly
undermined as he sits in a posh London hotel with a large entourage to meet
the British Prime Minister. A movement on the streets may be growing, led
by Mian Nawaz Sharif. And Imran Khan is waiting to pounce.
The state meanwhile is drifting, directionless. The IPPs have invoked
sovereign guarantees worth billions; else they will close all power
production. The fight between the two premier institutions of the state has
almost brought the country to a grinding halt. The president has also been hit
as the SC has sent his immunity issue into the Swiss Courts. The gridlock
has intensified. Simply put, the country cannot sustain such uncertainty and
instability. It is now time for all the stakeholders individuals and
institutions to sit together and find a way out of this deadlock. The PPP
government has already spent its five-year term, almost; and many think
general elections a few months in advance can provide a way out but some
sense has to be injected in the minds of decision-makers. If the PM goes, as
he should for he can no longer be seen fit to govern, a neutral and generally
acceptable caretaker administration can be inducted to take the country to
the next polls. Men of integrity and competence should, in the meantime, try
to control the damage being caused all around. Politics of personal and party
interests should be kept aside for a while. Let the rocking boat stabilize and
find its direction. It would be in no ones interest if this boat was allowed to
sink in murky, polluted waters of corruption, petty politicking and
unnecessary confrontation caused by misplaced egoism. (Editorial, The
News 9th May)
The pity the nation: To the layman, both the short order and the full
verdict are simply a quiz programme as far as the disqualification point is
concerned. While detailing the perils of contempt, the full verdict points out
that his willful and deliberate ridiculing of the Supreme Court might
disqualify him for five years. The matter is left to the Speaker of the
National Assembly for further appropriate action. Thus, the scope for
controversy between his supporters and detractors, giving different
interpretations to Article 63 (i) g in the light of the court ruling and arguing
for his stay in office or quitting, continues to exist.
The court, in its judgment, warned that if the order of this court is
(considered) non-implementable, as he (the Prime Minister) believes that the
same is not in accord with the Constitution of Pakistan and international law
it would set a dangerous precedent. One would be hard put to challenge this
567

observation. The court believed that Mr Gilani never intended to comply


with its orders, regardless of the advice he received; in any case, he cannot
shift the blame or responsibility on his advisors for not giving him proper
advice. The defiance of the highest court in the land by the highest executive
authority would open the door for others in the country to do the same. The
learned judges rightly believed that such a state of affairs would cause the
collapse or paralysis of the administration of justice and create an
atmosphere in which judicial verdicts are laughed at or even ridiculed.
Justice Asif Saeed Khan Khosa attached a six-page note to the main
judgment spread over 77 pages. Inspired by the poem, Pity the nation, of
Khalil Gibran, the famous Lebanese-American poet and author, Justice
Khosa has adapted it, making it part of his note, to reflect the sorry state and
image of the Pakistani nation that the shenanigans of its leaders, including
the blatant disobedience of judicial verdicts, are conveying to the world.
Running through the text of his adaptation is the dire warning of the
unenviable fate that would await that nation unless it mends its ways.
We should be in no doubt that Pakistan has become the laughing
stock of the world for the way it is being governed and the disrespect we are
showing to the judicial rulings; we simply cannot disregard, or at least have
to give serious consideration to what such an international opinion has in
store for the future. (Editorial, TheNation 10th May)
The turning point: After the fall of Nixon, one of his advisors David
Gergen wrote, the received wisdom is that Watergate teaches us one basic
rule about politics: Never elect a man of low character to high office.
Unfortunately, our stunted democracy always throws up midgets begrimed
with corruption.
Euripides once famously said, Whom the Gods destroy, they first
make mad. President Zardari, symbol of the unity of the federation and his
sidekick, Prime Minister Gilani, have declared war on the Supreme Court!
Prime Minister Gilani got his come-uppance on April 26 when he was
convicted and sentenced by the highest court of the land, for contempt of
court for willful flouting, disregard and disobedience of the orders and
directives of the court.
Today, Yousuf Raza Gilani, erstwhile prime minister and chief
executive of the federation is a convict. In the opinion of many eminent
jurists, he stands divested of office, authority and stripped of all powers and
no longer the prime minister of Pakistan.

568

The governments persistent refusal to comply with court directives in


the NRO case, in particular, is an alarm call of the most compelling kind.
Not surprisingly, laws unsupported by force, are following into contempt.
The fear of conspiracy against the SC hangs heavy in the air.
Our history can show no precedent for so foul a plot as that which this
corrupt, dying regime has hatched against the apex court. The Supreme
Court should be the barrier that protects the citizens from evil and tyranny. If
we permit it to be desecrated or demeaned and it crumbles, who will be able
to stand in the winds that follow?
No authoritarian or corrupt ruler can afford an independent judiciary.
The two cannot coexist and are bound to collide. Without an independent
judiciary, the republic cannot be made to endure. But when the government
falls into perfidious hands, as has happened in Pakistan today, it becomes
itself the instrument of counter-revolution.
No wonder, all those who do not believe in the rule of law and all
those who represent the forces of darkness and counter-revolution, have
joined hands once again to reverse the judicial revolution triggered by the
chief justice.
This is a watershed moment history will look back on. The survival of
Pakistan itself is at stake. It is a period of great events and little men. We are
engaged in a great battle for the rule of law and corruption free politics.
With the restoration of the chief justice and other deposed judges, we won
the first round but the fight is not over yet. In fact, it has just begun.
Criminals and mafiosos have found in democracy the perfect Trojan
horse for attaining and preserving power. It has provided a shell under which
gangsters plunder and beggar their people. An independent judiciary does
not suit them. No wonder, they have all ganged up against the Supreme
Court.
We have arrived at the epilogue, at the greatest turning point in our
history. We must be ready to join in actions ensuring that these people are
cast aside; they must not be allowed to enjoy the tainted wealth that they
have acquired. It is our duty to ensure that the judgment of the Supreme
Court is put into full effect in letter and spirit.
Where do we stand today? Pakistan is very feverish and very sick and
is racing towards the edge of the cliff. Politics is fragmented and angry. We
are a breath away from ground zero.

569

We have a disjointed, dysfunctional, lopsided, hybrid, artificial,


corrupt political system a non-sovereign rubber stamp parliament, a weak,
ineffective and corrupt prime minister, the epitome of self-satisfied
mediocrity, who changes his public statements as often as he changes his
designer suites. Not surprisingly, Pakistan is rudderless and sliding into
darkness.
German statesman Otto von Bismarck once said that political genius
entailed hearing the hoof-beat of history, then rising to catch the galloping
horseman by the coat-tails. Why are our political leaders not responding to
the hoof-beat of history? At this time, all those who see the perils of the
future, whatever their political orientation, must draw together to pull our
country back from the edge of the abyss.
What prevents the opposition parties and their leaders from joining
hands and presenting a united front against corrupt rulers out to destroy all
our core institutions? What prevents them from taking to the street as they
have in other countries and as they have in the past in this country? What
prevents them from putting national interest above petty selfish interest?
Today we are at the crossroads of a historic choice. This is the last
chance, the last battle. If we shall not stand out into the streets, a long polar
night will descend on Pakistan.
Isnt it a great tragedy that at a time when a window of hope has
opened, a coup de grce, or a coup de main, a powerful kick and the entire
corrupt, fraudulent structure will come crashing down, our political leaders
are dithering and cannot forge a united front against the corrupt rulers?
The time has come when the ultimate sovereign the people of
Pakistan must assert itself. At long last we have a chance to throw off the
rubber-stamp parliament and a thoroughly corrupt and discredited
presidency.
We have come to a critical fork in the road. We are tired of business as
usual. We want change and change now. Those who are not with the people
are against them. It is as simple as that. Now or never is the moment when
salvation from dictatorship rule is possible.
At last people have found their life mission: fight for authentic
democracy and their inalienable rights. And I believe they have also found
the tool to achieve this mammoth task: massive, peaceful, street
demonstrations all over the country.

570

Sterile demonstrations inside the rubber-stamp parliament and


isolated, symbolic marches are ineffectual, frivolous, trifling exercises in
futility and impress nobody.
The urban elite in Pakistan are foreigners in their own country. They
are the first world trapped inside the Third World. They do not vote. They
have never attended any political rally. They speak a different language.
The intellectuals and the civil society have failed. How is it possible
that during a time when democracy is on the ascendancy everywhere, the
best and the brightest among us are so silent, so acquiescent, so
unresponsive? Glory to the few who speak out? Shame to those who keep
silent!(Roedad Khan, The News 19th May)
Men of conviction: Darn this language called English, which has
manifestly confused the noblest of men from the Sufi city of Multan. Prime
Minister Yusuf Raza Gilani, who feels more honoured to bow his head
before a stumped bunch of judges than before their verdict, was raised on the
belief that the countrys destiny lay in the hands of men with conviction.
Himself a scion of a religious family, which pursued political gains with an
equally religious fervour, Gilani took the conviction mantra to heart and now
proudly claims to have achieved that cherished distinction. Ah, but for one
little caveat. Somebody forgot to tell our honourable PM that all that talk
wasnt really about a legal conviction. But what the heck, the prime
minister can always ask his brilliant Balochistan chief minister to rationalize
the absurdity of it all. Expect Nawab Raisani to blabber, Conviction to
conviction hoti hai, chahay ikhlaqi ho yaa qanooni (A conviction is a
conviction, whether moral or legal).
To be fair to the man, the PMs mother tongue is Seraiki and therefore
he must not be sacrificed at the altar of the language of the British, who
incidentally his ancestors had served with the greatest of servitude. But if the
opposition keeps yelping at his heels, refuses to back off, and continues
pestering him to go moral on a legal issue and resign, then he could always
find comfort in the company of his close aides and similar men of
conviction. For instance, the interior minister, convicted but then pardoned
by the president; IT minister Pervez Ashraf, near indicted by the supreme
court in the multibillion RPP rip-off; former law minister Babar Awan
awaiting conviction for contempt of court; former religious affairs minister
Qazmi, biding time behind bars on unholy corruption charges; innocent
commerce minister Makhdoom Ameen Faheem, who should have been
convicted for spending the Rs40 million he says he doesnt know who
571

deposited in his account. And the list of men of conviction reads on.
(Mohammad Malick, The News 11th May)
The birdmen: Before the conviction when a foreign correspondent
questioned what he would do if convicted, Prime Minister Gilani, falteringly
uttered he would stand down. Conviction has come and gone but PM Gilani
still stands. Instead, he has produced a new bird, Article 248, out of his
aviary under which he has claimed absolute immunity from laws of the
land.
The Article gives him freedom to perform as prime minister and
shields him against any kind of prosecution, he believes. The president
already enjoyed immunity, including against money laundering; the PM has
now claimed it.
However, the PM isnt the only birdman in politics, therere others in
the opposition as well and some momentarily out of luck, former strongman
Gen Musharraf being one such.
The truth is that the politicians speak on their own behalf and promote
their own interests, while purporting to speak in the public interest. The
public watches the political show patiently.
Whenever it turns restive because of the daily grind of life, corruption,
and government incompetence, the clever birdmen let lose new issues. One
doing the round is the Seraiki province The free media has exposed the
politicians so much that they now appear less of politicians and more of
birdmen out to beguile unsuspecting voters.
Leading Indian jurist Nani Palkhiwala, writing on January 16, 1984 on
his birthday, described them more aptly: My dog sleeps about 20 hours a
day. He has his food prepared for him. He can eat whenever he wants,
24/7/365. His meals are provided at no cost to him. By the way he does not
need to pay for medical insurance. He visits the doctor once a year for his
check-up, and again during the year if any medical needs arise.
For this he pays nothing and nothing is required of him. He lives in a
house that is much larger than he needs, but he is not required to do any
upkeep. If he makes a mess, someone else cleans it up. He has his choice of
luxurious places to sleep. He receives these accommodations free and lives
like a king. All of his costs are picked up by others who go out and earn a
living every day.
I was just thinking about all this, and suddenly it hit me....My dog is
like the Indian politician. And for that matter, even like the politician in
572

neighbouring Pakistan. Our politicians are superior still; they get away with
heinous misdeeds, and Indians dont. (Iftekhar A Khan, The News 11th May)
The PM in UK: Considering the size of our delegation, and the
various hangers-on that accompany it, the statement that emerged on
Thursday after it met the British PM David Cameron, was remarkably
anodyne. There was little that would justify the presence of such a large
contingent, and the British had wisely limited their hospitality to the six
principals who would be taking part in the review of the partnership
commitment that was made in April 2011. The review meeting has now
taken place, a couple of pictures to confirm this have appeared on the British
Government Facebook page and the rest of the trip appears to be taken up
with mutual backslapping and scratching at the British end of Pakistans
domestic politics. A scheduled meeting in Birmingham with PPP members
had to be cancelled because of factional infighting; and the possibility of this
turning into real violence meant that security for the PM and his party could
not be guaranteed. Despite all this activity signifying nothing, the PM has
extended his visit for another day, a remarkable show of arrogance if not
utter contempt for reason
The visit may be best remembered in the context of an interview Mr
Gilani gave to CNN. At its end the interviewer said: Prime Minister,
according to last years Gallup poll, 81 percent see their government as rife
with corruption and 1/3 of Pakistanis want to leave the country, this is a
damning indictment. He answered: Why dont they leave then? Who is
stopping them? Rarely has a politician displayed publicly such contempt for
an electorate. That our prime minister was happy to make it a matter of
record that he cared not a jot or little if one-third of the population, the best
and brightest, wanted to flee the country because of perceived deficiencies in
his government, marks him a man unworthy of representing any of us. The
interviewer looked dumbstruck, Mr Gilani smug and sanguine. Did we get
what we voted for? Or more importantly, did we at all vote for such a PM?
(Editorial, The News 12th May)
We the people: Judgments rendered by the Supreme Court will
continue to be attacked on the basis that historically our judicature has been
a henchman for khakis and the ruling elite. The court process produces
winners and losers. And the murky past of our judiciary affords every sore
loser a basis to divert attention from his or her deeds and instead bring into
focus the integrity of the court itself. The wider acceptability of this line of
reasoning as a suitable retort to an indictment suggests that two-wrongs-domake-a-right logic is gaining traction in our society. Add to this join-them-if573

you-cant-beat-them rationale and our transformation into a predatory


society would be complete.
If we assert that only he who hasnt sinned can cast the first stone, is
there anyone in public life qualified to seek correction and accountability?
Where will we find the angels who have never erred? If this argument is
accepted, the conclusion is this: as no one has the moral standing to question
anyone else, lets all continue to make hay while the sun shines. In this game
of plunder, the threat comes not from the greediest but the one who refuses
to play. And for the game to continue, it is in the shared interest of all
players to ensure that everyone is devoid of moral authority.
Amidst this state of despair, the detailed ruling of the Supreme Court
in the prime ministers contempt case is a source of hope. It was not just the
prime minister who was on trial, but also the ability of the court to act as a
neutral arbiter of the law. It was alleged that the court was acting on behest
of the establishment to instigate regime change. It was argued that the judges
were sitting in their own cause to settle scores. And yet despite the
allegations of partisanship and bias, and the political drama and media circus
surrounding the trial, the detailed judgment has affirmed the courts ability
to disregard extraneous considerations and focus singularly on the law.
The temperate language and meticulous legal reasoning of the
judgment authored by Justice Nasir-ul-Mulk laces it with objectivity. The
court rightly doesnt get into a debate about the future of the prime minister,
as many would have liked. It declares that the prime minister is guilty of
contempt of court. It holds that his acts and omissions are grave enough to
satisfy the requirement of substantial detriment under Section 18 of the
Contempt of Court Ordinance, 2003. Notwithstanding the flawed assertions
of the ruling party regarding the substantive role of speaker National
Assembly in ruling on the prime ministers disqualification, the court
doesnt attempt to preempt any abuse of authority.
The fate of the prime minister has been sealed by the concluding
sentences of paragraph 70. We are, therefore, fully satisfied that such clear
and persistent defiance at such a high level constitutes contempt which is
substantially detrimental to the administration of justice and tends not only
to bring this court but also brings the judiciary of this country into ridicule.
After all, if orders or directions of the highest court of the country are defied
by the highest executive of the country then others in the country may also
feel tempted to follow the example leading to a collapse or paralysis of

574

administration of justice besides creating an atmosphere wherein judicial


authority and verdicts are laughed at and ridiculed.
Article 63 lists grounds for disqualification of parliamentarians and its
sub-clause (1)(g) holds that a person stands disqualified if he is convicted by
a competent court for acting in a manner that brings the judiciary into
ridicule. Now that the prime minister has been convicted for contempt and
the court has explicitly ruled that his actions have brought the judiciary into
disrepute, Article 63(1)(g) has been triggered as a consequence. Article 63(2)
states that the question of disqualification shall be sent by speaker National
Assembly to the Election Commission within 30 days, unless she decides
that no question has arisen.
Despite the courts clear ruling, Farooq Naek wily insists that the
speaker has the discretion to rule that no question of disqualification has
arisen It is this readiness to prove day as night in the name of politics,
honour and loyalty that exposes the poverty of ethics and morality in our
society. When the PPPs dominant narrative is that the courts are producing
selective justice, how can it simultaneously argue that it respects the
judiciary and the prime ministers appearance before the Supreme Court is
evidence of the same? If the prime ministers decision to appear before the
court was a matter of choice, does it mean that he could have decided not to
submit before the law when summoned? Isnt this entrenched sense of
entitlement, that the mighty are larger than the law, itself crippling rule of
law? Wasnt this the root-cause of the contempt case?
In a society committed to higher standards of morality in public life,
wouldnt there be vocal demands requiring the president to waive his
immunity even if he was afforded the same by the Constitution, face charges
and allow due process to run its course? What parochial sense of honour
results in the argument that our presidents submission before a foreign
magistrate is a matter of shame for every citizen? Is it because the magistrate
is too small a man or is it the foreign part that should bother us? If the status
of the official applying the law is relevant, does it mean that a police
constable dare not question anyone powerful or that the summons of a
magistrate third class can be ignored at will?
If opposition to foreign proceedings is contingent on lets-not-washour-dirty-linen-in-public logic, doesnt the same nurture a decadent view of
family honour that results in daily killings around the country? Doesnt the
concept of sovereign immunity belong to pristine monarchial times when
men ruled and not the law? Doesnt every argument in support of forgetting
575

about Asif Zardaris Swiss case and the alleged $60 million of laundered
money emanate from some conception of honour or loyalty rooted in
chauvinism?
In order to be a virtuous and socially useful concept, shouldnt the
concept of loyalty be larger than unquestioning allegiance to an individual?
Does loyalty to family mean you should stand by and defend each of its
members no matter how foul their acts? Does loyalty to ones job mean
robotic compliance with all commands, whether legal or illegitimate? Must
loyalty be a shade of jingoism and render one amoral?
The separate note appended to the prime ministers conviction ruling
authored by Justice Asif Khosa is invaluable, for it highlights our
contradictions. It reads not as a sermon, but as a cry of anguish. Stating that
law divorced from morality or not backed by the public means little is to
state the obvious. But it is a curse of these times that even such self-evident
truth is lost on us. Justice Khosas note is a call for introspection for all of
us. And as charity begins at home, most relevant for the Supreme Court
itself is the following: Pity the nation that clamours for equality before law,
but has selective justice close to its heart. (Babar Sattar, The News 12th
May)
Bad precedents: The governments nitpicking of the Supreme Court
and its detailed judgment in the prime ministers contempt case continues. In
a latest outburst, Federal Information Minister Kaira has said the Pakistan
Peoples Party-led government has deep reservations about the detailed
verdict. He criticized Justice Khosas additional note presented with the
verdict. The SC has said in its detailed verdict that Prime Minister Gilani has
willfully, deliberately and persistently defied a clear direction of the highest
court of the country. The judgment traces the entire history of directions
issued by the Supreme Court in its attempt to get the government to
implement the NRO judgment, including how the failure of these attempts
led to a contempt of court charge against the chief executive of the country.
On the question of disqualification, the judgment repeats the verdict issued
on Jan 10 when the court gave six options, of which one was a possible fiveyear disqualification from elected or appointed membership in parliament.
It is also clear that there is now little room to manoeuvre for the
Speaker of the National Assembly on the question of the PMs
disqualification. Any member of parliament, including from the opposition,
can bring the verdict to her notice and she has no choice but to forward a
reference under Article 63(2) to the Election Commission of Pakistan. And
576

the ECP would not even have to pursue a detailed inquiry and may even
decide the fate of the prime minister after cursory procedures. Of course all
this is speaking in normative terms, and the lot in power at the moment
wants to have nothing to do with norms, ethics and principles. The PPP is
arguing, as Mr Kaira did on Friday, that there are many gaps, areas of
ambiguity and confusion in the judgment and the government will file an
appeal against it. The PM himself has declared that the detailed judgment
has no impact whatsoever and he has nothing to fear as he is not complicit in
any illegal, unconstitutional or immoral activity. The PM and his ministers
need to understand the dangerous precedent they are setting. As pointed out
by the SC in the detailed judgment, if orders or directions of the highest
court of the country are defied by the highest executive of the country then
others in the country may also feel tempted to follow the example, leading to
a collapse or paralysis of administration of justice.
Indeed, it seems that the governments public flouting of SC verdicts
is already having the feared domino effect on other institutions and
officeholders aping the defiance of the PM and his team. In a latest example,
the DG FC hasnt bothered to turn up before the two-member bench hearing
the missing persons case in Quetta, despite being summoned on more than
one occasion by the chief justice himself. The judiciary is being turned into
fair game by all and sundry in power and none other than the PM House
has set this perilous precedent. The court is thus spot on in pointing out that
the arguments of the PMs team set a dangerous precedent and anyone will
then successfully flout the orders of the courts by pleading that according to
his interpretation they are not in accordance with the law. This would dilute
the finality of court judgments and ultimately adulterate the finality of the
law itself. And the government is leading the country down this rotten path.
(Editorial, The News 13th May)
Say no to it! The Pakistani nation is used to frequent military
interventions that have created a class of opportunists, who are ever ready to
cooperate with the tempers; the foremost among them are the politicians and
the sycophants waiting for such an opportunity. These days, one can hear
loud voices urging General Kayani to intervene. In fact, they are testing his
nerves; whereas, he wants the people of Pakistan to clear the mess
themselves.
Undoubtedly, army generals have committed serious mistakes in the
past. Even crimes have been committed causing great loss to the nation and
disrepute to the armed forces. It is time to establish a civil-military
relationship based on the rule of law and justice. This is a process the nation
577

is passing through, which must not be disturbed. The credit goes to our
political institutions, the judiciary and the armed forces, who will persevere
and steer the country on a democratic course - Inshallah. (General Mirza
Aslam Beg, TheNation 13th May)

Provincial disharmony
Uniting to divide:
Serious-minded people in the country, who
had already been concerned over the increasing trend sweeping the land to
think in term of narrow parochial interests, were deeply shocked and
dismayed at the PML-N, of all the political parties, itself coming forward
and tabling resolutions, in the Punjab provincial assembly, to divide Punjab
into three provinces. If these resolutions pass through the required
constitutional process successfully, there would emerge Janoobi (South)
Punjab, Bahawalpur and Punjab that would consist of what would be left of
the truncated province after the boundaries of these two had been settled by
the national commission that the resolutions also proposed. The move
would, undoubtedly, provide an impetus to a wave of demands by certain
elements elsewhere in the country to seek the status of province for areas of
their influence with distinctive ethnic traits or any other reason to be able to
hold the reins of power there. People in states under the British Raj like
Khairpur, Kalat, Swat, Chitral and Dir might turn round and ask for
provincial status for them on the lines of Bahawalpur. Similarly, the
Hazaraites, tribesmen in Fata, Pashtuns in Balochistan and some others
would like to secede from their present provinces. And there would
inevitably lurk the presently dormant demand of Jinnahpur by the MQM,
that would start resounding in the political circles of the country, much to the
chagrin of the PPP, which gleefully broached the issue of new provinces in
an attempt to break the hold of Takht-e-Lahore over the countrys politics.
Apart from strengthening fissiparous trends, the resolutions would, in
the process of their implementation, open a Pandoras box of wrangling in
the context of the demarcation of boundaries of the new federating units, the
division of assets and other dangerous implications that the sundering apart
would entail. The PPP, the main opposition party in Punjab, though in favour
of dividing the province into two, with the new one covering the southern
parts of it as Seraiki province, jumped at the opportunity offered by the
PML-N for two new provinces instead of one and readily supported the
move. Thus, the resolutions were passed unanimously by all the members
present in the House. Looking from another angle one cannot help

578

concluding that political opponents of President Zardari stand once again


trumped by him.
The PML-Ns ill conceived move holds the seeds of making a
Soobistan of Pakistan. Thinking coolly, the entire exercise initiated by the
PPP has nothing to do with national interests or the good of the people; it is
inimical to both. It is race, plain and simple, or a desperate bid by political
parties for retaining or gaining influence to remain in power on which they
sense they are fast losing hold. This is a highly dangerous bid and constitutes
a clarion call to the well meaning sections of society to come forward and
oppose it so vehemently that no party could dare pursue the issue of new
provinces. (Editorial, TheNation 11th May)
In search of new provinces: The PML-N, in the resolutions it passed
through the Punjab Assembly, also demanded a commission on new
provinces. It has already expressed opposition to creating more new
provinces on linguistic basis. It must be noted that the British did not follow
this basis, and nor did the Mughals. Both went by the principle the PML-N
proposes, that of administrative convenience. This is a sound principle, for
not only is linguistic basis highly political, it is also highly unstable, for one
mans language is another mans dialect. This is particularly so in the
Subcontinent, where at least the dialect, if not necessarily the language,
changes at every village.
The national commission will be able to examine all the proposals
(and the debate on Sindh, which has Sindhi-speakers, Seraiki-speakers and
Urdu-speakers, has not really started, but which include provincialist
movements if the provinces discussed above come into existence. It will also
examine more practical issues, like where these provinces are supposed to
fund themselves from. It should not be forgotten that if the motive the PPP
has for breaking up Punjab is to create a unit where the PPP could win.
However, local politicians are already dreaming of positions, like
memberships and ministries, they cannot achieve at the Punjab level. In the
end, new provinces will not be created from public or even political
compulsions, but because of politicians cupidity. (M A Niazi, TheNation
11th May)
Politics of provinces: It isnt the individuals alone that are taking the
masses for a ride. Enter the political parties with their daft political moves.
The latest being the spate of Punjab assembly resolutions seeking the
creation of a South Punjab province as well as the revival of the Bahawalpur
Province comprising the geographical boundaries of the erstwhile state of
579

Bahawalpur. On paper, it all makes sense because Punjab in its existing form
is larger than the remaining three federating units put together and thus
causes a lopsided power equation of the federation. But is the latest proposal
to carve three provinces out of the present day Punjab anything more than a
countermove by the PML-N to the PPPs populist Seraiki province rhetoric?
Not really.
Its a brilliant stroke to stymie the PPP rallying cry for a Seraiki
province in an election year. Not only has the PML-N move actually stopped
forward movement on the Seraiki province issue but has also divided the
Southern Punjab political activists and leadership into two camps: those
favouring revival of Bahawalpur state as a province and the rest of the
Wasaib belt.
Furthermore, the unanimous adoption of the resolutions with the
effective participation of the PPP has actually pushed the PPP in a tight
corner. Instead of harping on its popular Seraiki province demand, the PPP
now stands committed to the furtherance of these resolutions, which owing
to time constraints imposed by the impending elections will not reach any
fruitful conclusion. Even if the concept of new provinces is okayed without
much delay by the National Assembly and the Senate, with a two-thirds
majority in each (easier said than done), the process is fraught with a million
technical and procedural impediments. There is the extremely complex and
thorny issue of demarcating boundaries; revisiting the water distribution
accord which is another explosive issue in a water deficient country and
reconstituting the NFC are but a few of the many more cumbersome issues.
The PML-N scored another subtle but immensely important tactical
win when it lured the PPPs Punjab parliamentary leader Raja Riaz into
agreeing to its demand of forming a national commission to examine the
creation of new provinces. Going by the fate of the several commissions
tasked with far more narrowly focused and circumspect tasks, it isnt
difficult to guess what, if ever, such a commission would deliver. The
formation of the commission alone is likely to take months if not another
year or two. And as we know, the elections are but a max nine months away.
Recreating a country that is already having a tough time retaining its existing
complexion is nothing less than an impossible endeavor at least for the
current ruling lot, both at the centre and in the provinces. (Mohammad
Malick, The News 11th May)
The curse: The public, sick and tired of the power crisis repeatedly
reaching a boiling point before the government attempts at cooling it down,
580

wants to have answers to certain simple questions. Why does the circular
debt keep rearing its head again and again and why is it not settled once for
all? Why cant the factors that tend to accumulate it after it has been cleared
be removed for good? Why is the crisis allowed to develop to a stage where
life comes to a standstill, industrial units start closing down and workers are
laid off? Most people have become used to escaping, or lessening the rigours
of heat of the sweltering summers of South Asia with the help of some sort
of electrically-operated cooling gadgets the commonplace fan, coolers and
ACs. Why is no attempt being made to undertake the construction of the
internationally acclaimed hydel-cum-water-storage project like Kalabagh
Dam? All major works for this highly beneficial dam stand completed and if
work to build it were to start on a war footing, it would take no more than
three years for it to start producing electricity and releasing water for any use
desirable. It is time to set our compass right to see what can really help the
nation out of this grueling crisis. (Editorial, TheNation 12th May)
Staring at a scary scenario: I do not want to watch television to
watch Faisal Raza Abidi back in full force or any of the others. I find no
hope or solace as I read newspapers, editorials or op-ed articles. I want to
run away from the awful truths and possible scenarios that stare us in the
face. With the temperatures going up, the country too has erupted in protests
over the long hours of load shedding. It is sad, indeed, that the plight of the
non-privileged is noticed only when they are able to create enough of a
nuisance that they get media attention which, in turn, is then compelled to
project them on satellite channels for the world to see. Granted, that all our
problems are not the creation of this particular government, but it has failed
the country in the sense that it did not roll up its sleeves to tackle issues of
load shedding, population, health, education and inflation with the
seriousness they deserved. The perceived corruption charges against it also
make matters worse. The only thing, which seems to be on the minds of the
political class as a whole, is making of new provinces (the appeal of more
ministers, more chief ministers, more titles and more opportunities, I guess).
(Tallat Azim, TheNation 12th May)

Baloch militancy
Agencies show evidence:
The Parliamentary Committee on
National Security (PNSC) on Tuesday admitted that they have been apprised
by the intelligence agencies of concrete evidence of the foreign hand
fomenting violence in Balochistan. The province is witnessing the worse
kind of turmoil manifested through daily events of target killings, ethnic and

581

sectarian murders and bomb blasts. The criminals are using sophisticated
weapons and seem to be well funded and organized. However, now that the
parliamentarians have been shown evidence, if it is convincing, they ought
to take adequate measures to cut the implied foreign hand off as quickly as
possible.
There should be no laidback attitude, as seen in Committee Chairman
Senator Raza Rabbanis view that the next PNSC meeting would chalk out
the required measures. It is high time well-coordinated action by the police
and the intelligence agencies was ordered to crack down on all such foreign
elements. Pakistan must put maximum diplomatic pressure on the countries
involved. (Editorial, TheNation 10th May)

REVIEW
The detailed verdict, despite additional note of Justice Khosa
comprising beautiful piece of poetry of Khalil Jibran, failed to clear
ambiguity over the disqualification issue; thus the debate on this aspect
continued and was likely to continue unabated. The judges once again failed
to understand the simple point that if you give an inch to a habitual criminal
he would to take a yard.
Tallat Hussain of Dawn TV did not approve of quoting Khalil Jibran
by Justice Saeed Khosa in his additional note attached to the detailed
judgment. He was of the view that there was no need to seek strength from
the poetry, especially in view of the fact that the verdict was a meticulously
worded legal document authored by Justice Nasirul Mulk.
Tallat ignored the possibility that Justice Khosa might have tried to
use stern language in the detailed judgment, but he could not insist showing
regard for the viewpoint of other judges on the bench. The nature of offence
committed by the chief executive of the country certainly deserved severe
punishment spelled in firm, rather stern language. Reading the mindset of
the head of the bench Justice Khosa chose to write additional note and
quoted Khalil Jibran to tell the nation that dispensation of justice is largely
dependent on the attitude of the Executive.
By quoting Khalil Jibran Justice Khosa has tried to convey his own
message for the nation that is looking all the times towards the Judiciary for
justice. The Judiciary can deliver just a fraction in this context, rest all
depends on the Executive, who in democratic dispensation is chosen by the
people themselves through ballot.
582

The Executive has not been delivering on its all important


responsibility of administration of justice; it has been even undermining the
endeavours of the Judiciary. It hasnt investigated the crimes properly,
hasnt placed tenable evidence before the courts and has resorted to weak
prosecution. Where these evil tactics failed to undermine the justice process,
the Executive found excuses not to implement court decisions.
This is what that has been happening since the return of democracy
and the process of exacting democratic revenge. Under such circumstances
the people have no right to blame Judiciary for not delivering justice; they
must turn their questions towards the Executive and more so towards
themselves as they are the ones who have chosen them.
Khosa wasnt penning down pearls of jurisprudence; as a Pakistani
citizen he was wailing over his helplessness despite being a judge on the roll
of highest court in the country. As a judge he wanted that the justice be done
but couldnt do that because of defiant Executive aided by cunning legal
minds patronized by evil genius of Zardari backed by a superpower called
Great Satan in Iran.
In view of the above it may be said that Tallat Hussain faltered,
though he seldom does in his discreet analyses of issues varied in nature.
Perhaps, the time-related urgency in his profession could be blamed for that.
The judgment certainly demanded more than few hours for deliberations
before commenting.
Many observers did not agree with Tallat. Inayatullah approved
quoting of Khalil Jibran and concluded his column in TheNation on 12 th
May in these words: Mr Justice Khosa also referred to a judgment delivered
by Justice Louis Brandeis of United States Supreme Court. The last sentence
of the quotation is: If the government becomes a lawbreaker, it breeds
contempt for law; it invites every man to become a law unto himself, it
invites anarchy. A lot of food for thought in these wise words!
The day detailed judgment was released the convict Gilani landed in
London, the home of parliamentary democracy and was accorded protocol
due for head of a government and the very next day he visited the Mother of
all Parliaments in Westminster. There was no sign of any remorse on the part
of visitor or his hosts.
This clearly reflected the shamelessness of the visitor and double
standards of the hosts regarding democracy. The democracy they practice at
home is contrastingly different from the one they prescribe for the client
states of Islamic World. This also demonstrated the regards they have for
583

Zardari regime for all that it has delivered in war on terror and is prepared to
do more.
Being guest of the British masters, despite conviction at home, had
added to the arrogance of Gilani. In an interview to CNN he left the lady
quizzing him utterly bewildered when she told Gilani that according to a
survey one-third of Pakistanis wanted to leave the country; he replied: Why
dont they leave; who stops them?
Back home the hordes of Jiyalas and Jiyalis were not for behind the
team leader in defying and even ridiculing the Judiciary. Fauzia Wahab
taunted at the helplessness of the Judiciary saying that rather than taking
notice of contempt, the apex court should do something about thrashing of
the judges in various courts.
Some of the events of period under review have shown that the fish
that had started rotting from head has started stinking right up to tail-fin.
Some may choose other phrases to describe the situation like saying rulers
are reflection of the people and vice versa, or like fathers (rulers) are the
sons (the ruled).
In Karachi, students thrashed a Principal for not allowing cheating
(copying) during intermediate examinations. In Faisalabad, a judge was
thrashed by a lawyer and on two consecutive days in Lahore police officials
were beaten by the lawyers. And, in Faisalabad people protesting against
load shedding looted a truck carrying melons; a mobs version of load
shedding of a truck. Hasnt the fish rutted head to tail?
14th May, 2012

WAR WITHIN-X
Gilani returned from the United Kingdom with his arrogance boasted
to new heights. His one-on-one interaction with David Cameron has worked
like tonic. He and his party have understood the statement of Cameron in
right perspective in which he had said that enemy of Pakistan is our enemy.
The message concealed in new-found love expressed by Cameron was
that he and Obama stood with the Scoundrel and the Saint as long as they
were prepared to serve the cause of the Crusaders. And the moment Gilani
headed home he started re-assuring his foreign masters that he and the
government led by him were at their service.
On reaching home he took on his critics who talked of judiciary and
its verdicts. He challenged his political opponents almost daily and urged
584

them to catch him if they could. The support of coalition partners, in


addition to imported tonic, also played its part in defiant attitude of the
regime.
Meanwhile, the problem of power outages alone had driven the
masses out of their senses. They resorted to violent protests across the
country, especially in Punjab which had been targeted with load shedding by
design. The Scoundrel took notice of the situation and started pretending to
solve the problem.
He and the Saint sat together with their team of experts and
formulated a strategy to overcome the colossal power shortage soon and that
too without constructing a dam, atomic plant or any other project of
electricity generation. The Saint hinted at this magic strategy: we will print
more currency notes to overcome power-shortage.

NEWS
Power politics: On 14th May, the PML-N retracted from its
previous stance and decided to become part of the consultations for the
appointment of Chief Election Commissioner but through a Parliamentary
panel. Leader of the Opposition wanted that new CEC should be from a
smaller province. But proceedings parliamentary committee were marred by
agitation by PML-N which called the whole exercise illegal. The committee
failed to choose chairman.
Next day, JUI-F once again came to the help of PPP and voted for
Khursheed Shah to be Chairman of Parliamentary Committee that will
decide appointment of Chairman of Election Commission of Pakistan. In a
close contest Shah bagged seven and Tehmina Daultana five votes; PML-N
was reaping what its chief had sown in the form on his non-accommodating
politics.
President Zardari directed Rehman Malik to negotiate for release of
Pakistanis, who were taken hostage when pirates over-powered MV Albedo
and demanded ransom. Malik was quick to announce that he had devised
strategy for their release. Meanwhile, Riaz Malik of Bahria Town Housing
Society agreed to pay entire amount of ransom of the instructions of Zardari.
On 16th May, Nawaz Sharif said that the Sindh card could no longer be
used as it had run out of credit. Speaking to reporters in Shikarpur, the
PML-N chief blamed the countrys rulers of being disconnected from the

585

people and oblivious to their problems. He said Sindh card has been emptied
by those who were filling their pockets with poor peoples money and they
would now go back home as people would not support them. He said if
people were served selflessly, there would be no need for any card.
He said the party has in its hand Service to Pakistan Card and it
would serve the people of Pakistan. Nawaz said the PML-N was sincere in
moving with the rulers for the service of the country but there was no
sincerity in rulers intentions. He said the PML-N believes in service of the
people and was ready to cooperate with those who feel pain for the poor
masses.
He said if Sindh has reservations over the construction of Kalabagh
dam, it should not be taken up. Replying to questions, the former prime
minister alleged that Rehman Maliks past was rife with graft cases, saying
that the interior minister had previously been convicted by the courts. Who
is he to accuse others? He is not an angel, said Sharif. Nawaz Sharif said
those talking about Punjabs partition have no realization what they are
doing.
On 18th May, Sindh High Court directed Election Commission to hold
Local Bodies elections within 90 days ruling these elections are
constitutional obligation. MQM welcomed the court direction but PPP
decided to appeal against it in the Supreme Court. Meanwhile, the Punjab
government increased women employment quota from 5 to 15 percent.

Rule of law: On 14th May, Musa Gilani appeared before


investigators second time in ephedrine case. He submitted written statement
through his counsel Fawwad Chaudhry. He denied the allegations of having
links with Tauqeer Ahmed, holding meeting with former Federal Secretary
Health, having telephonic connections with former Director General Health
to exert pressure on the officials to convert the Ephedrine quota for domestic
use.
Next day, the Supreme Court rejected Ali Musa Gilanis plea to
replace the officer-in-charge of the investigation in the ephedrine case.
While denying allegations of his involvement in the ephedrine scam, Musa
Gilani expressed his lack of trust in ANF DG Brigadier Faheem. In a 12page written statement submitted through his counsel Salman Akram Raja,
Ali Musa had requested the court to replace the officer in-charge of the
investigation in the case.

586

An employee of Health Ministry, Tanveer Ahmed, told that he was


forced to record his statement after he was taken hostage. On this, the CJ
asked him to give his written statement. He said the court will issue notices
to FIA and the one who recorded the statement.
Brig Faheem, the chief investigator in ephedrine scam, told the court
that two accused have already fled from the country as their names were not
included in the exit control list (ECL) in time. He told the court that the FIA
is pressurizing them to save Khushnood Lashari. On this, Justice Khilji Arif
told Big Faheem to carry on fair investigation into the matter. The court also
directed Brig Faheem not to involve any one unnecessarily and to let the law
take its own course.
Brig Faheems lawyer, Akram Shaikh, presented his arguments in the
court stating that the court orders have not been implemented properly and
the government only followed the orders regarding the cancellation of
transfers. The court went on to direct Brig Faheem to complete the inquiry
and present the report. Brig Faheem further informed the court that a notice
was sent to the concerned authorities to provide attendance records from the
Prime Minister House, but there has been no response and the records have
not been provided.
The chief justice said that if Secretary Narcotics intervened, strict
action would be taken. In the last hearing, the apex court had overruled the
orders of Secretary Narcotics Control Division, while ordering ANF to
continue probe into the case that allegedly involves Prime Ministers son Ali
Musa Gilani.
On 16th May, the Supreme Court announced the verdict in a suo moto
case regarding alleged corruption of Rs26 billion in the Pakistan Steel Mills
(PSM). The court ordered the NAB to investigate and also annulled bails of
all persons involved in corruption and ordered their arrest.
A three-member bench, headed by Chief Justice in its judgment
criticized the FIA performance and ordered the investigation agency to hand
over all record of the investigation to the NAB, which have to complete its
inquiry in three months and will report every fortnight about progress in the
probe. The court also ordered the NAB chief to carry out investigations
under his supervision.
On March 15, a three-member bench had reserved judgment in this
regard. During last hearing, the SC had ordered Industries Secretary Gul
Muhammad Rind to come up with an explanation as to why his ministry
failed in taking timely action on a forensic audit report (2008-09) that
587

identified cumulative losses of Rs26.5 billion suffered by the PSM in one


year. Rind told the bench that after receiving the FIAs report they would
decide about sending it to the NAB.
The CJP said that the audit report had proved massive corruption in
the PSM, adding that the case would be sent to NAB, which would take
action against those responsible and recover the plundered money. He said,
It was your responsibility to send the cases to NAB. To establish good
governance is the duty of the government.
Belatedly acting upon the orders of the Supreme Court the NAB
arrested the Member Gas Mansoor Muzaffar for his alleged involvement in
corruption running into multi-million rupees in several cases of Ogra. NAB
officials came into action only after the Supreme Court gave 24 hour
deadline.
Babar Awan withdrew intra-court appeal filed against the decision of a
two-member bench of the apex court for not accepting his apology. He did
so apprehending the rejection of his appeal based on weak basis and also
with the hope of expediting settlement of contempt case against him.
The Supreme Court ordered Rehman Malik and MNA Zahid Iqbal to
provide evidence of renouncing their British nationality on May 25, the next
date of hearing. Malik had said that he had surrendered UK citizenship in
March 2008. The court also directed the National Assembly and Senate
secretaries to help AGP in getting record of the parliamentarians holding
dual nationality.
A policeman died while several cops and protesters were wounded
during the clash, which took place after the police wielded to batons on the
protesting employees of the population welfare department as they stormed
into the Punjab Civil Secretariat and tried to ransack the offices.
On 18th May, Police arrested over 50 activists of the Islami Jamait-eTulaba (IJT) who were protesting against the Punjab government for not
arresting the murderer of their comrade and also against operation clean up
in hostels of University of Punjab which had started after students had
misbehaved with teachers.
The Supreme Court bench hearing loan-defaulters case was informed
that Sheikh Afzal, a defaulter, to Services Hospital Lahore for medical
treatment. The court issued directives to Superintendent Services Hospital to
produce medical report of the accused during next date of hearing fixed for
June 4.
588

Next day, Prime Ministers security was virtually trespassed when


Punjab police personnel scuffled with a member of his security squad at the
Expo Centre and detained him at a police station for over an hour. The
incident took place as the premier left the venue after addressing 3 rd
convocation of the Virtual University, Lahore. While there were no visible
signs of any confrontation between the police and prime ministers security
staff inside the hall, a fight ensued outside when policemen led by Sadr SP
Athar Waheed scuffled with Talat, PMs security man and stopped him from
accompanying the prime minister.
After a 15-minute scuffle, the police bundled Talat into official jeep of
their boss and took him to Nawab Town Police Station in Johar Town.
Punjab police officials said Talat misbehaved with the SP and abused
Mustafabad SHO Inspector Mustaneer Khan on the pretext of PMs security.
But Gilanis security staff had a different story to tell the media. They said
the two police officials got annoyed with Talat when he stopped the SHO,
who was in civvies, from getting close to the stage where PM was seated.
The police officer had breached PMs security cover by coming too close to
him.
During Governors Rule in Punjab in 2009, SP Athar had refused to
obey his seniors when he was ordered to stop the PML-Ns long march on
Islamabad by arresting the political activists. Then, he had removed his belt
and badges from the uniform, saying he could not carry out illegal orders.
Mr Waheed was placed under suspension, but restored to his position when
Punjab government was reinstated by the court.
The fresh incident brought Punjab governor, the chief secretary, the IG
Police and the federal ministry of interior into the fray. Governor directed
Punjab chief secretary, IGP and home secretary to look into the matter and
demanded a detailed report within 24 hours. The governor said that
interference in prime ministers security was tantamount to high treason. He
directed Punjab police to take legal action against those responsible for this
unpleasant incident. Rehman Malik also rushed to the provincial metropolis
and had a long meeting with Governor Khosa over the issue.
Punjab Law Minister dubbed the occurrence an outcome of some
misunderstanding. He insisted that no security breach took place and that it
was responsibility of the said SP to provide security to the prime minister.
He said it was duty of the SP to depute the policemen as and when required
and the SHO was discharging his duties under his command. Rana said a
trivial incident had been blown up out of proportion. Commenting on Punjab
589

governors remarks, the Law Minster said that conduct of the governor was
unreasonable.
Political circles have described the episode an outcome of the renewed
tension between the PPP and the PML-N after conviction of PM Gilani.
Meanwhile, Lahore CCPO Muhammad Aslam Tareen has initiated a formal
departmental inquiry against SP (Operations) Saddar Division Athar
Waheed. While the sources in Governor House claimed that SP Athar has
been asked to report to the Police Headquarters, the Lahore CCPO said that
SP Athar will stay in Lahore. Punjab Police DPR Ms Nabeela Ghazanfar
said that the implementation of transfer orders of SP have been withheld till
further orders. She said Punjab government will decide his fate.

Defiance of judiciary: On 14th May, talking to Geo TV the


Speaker National Assembly said that she was still discussing with
constitutional experts the issue of Prime Minister Gilanis conviction by the
Supreme Court and the role she is supposed to play now. She, however,
disagreed with her postmans role and said if the Supreme Court can
interpret Constitution, Parliament also has powers.
Rehman Malik alleged that Sharif Brothers were issuing political
statements contemptuous to court in connection with the conviction case of
Prime Minister. He urged the Chief Justice to take suo moto notice of these
statements. He also claimed having more details of Sharifs money
laundering. Latif Khosa claimed that the PPP could overthrow Punjab
government overnight. He said he could reject all summaries sent by an
ineligible chief minister. He accused PML-N of hatching conspiracies
against South Punjab province.
The Supreme Court deferred proceedings on an Intra Court Appeal
(ICA) of Babar Awan seeking the restoration of his suspended practicing
licence as the larger bench was not available for the time being. The court
seemed to dispensing the same medicine to Doctor Awan which is his
favourite; the dragging of feet.
Next day, Aitzaz Ahsan said the punishment meted out to Prime
Minister Gilani in contempt of court case, is unconstitutional. He said the
short order cannot be delivered in criminal cases and premier could not have
been sentenced in the absence of a detailed verdict. Ahsan said an appeal
would be filed challenging the Supreme Courts verdict. He further said that
objections to the judgment were based on constitutional and legal grounds.
The prime minister was sentenced in violation of Article 10-A of the
Constitution.
590

Regarding the appeal, the counsel said that the judges who convicted
the prime minister should not hear it. Moreover, on the role of Speaker
National Assembly in the process of a possible disqualification of the
premier, Ahsan said the Speaker was given the authority by the Constitution
and not the Supreme Court. He said it was up to the Speakers discretion
whether or not to send a reference in this case.
The Supreme Court resumed hearing of the contempt charges against
former law minister Babar Awan and adjourned the hearing till May 17
without indicting him. During todays proceedings, the court could not indict
the former minister as it was told that hearing of Intra Court Appeal (ICA)
on the indictment order is due on 16th May and the court should not indict
Awan today.
Babar in his plea said that he was a professional lawyer having no
other source of livelihood and his fundamental right stood suspended after
the suspension of his practicing licence. He stated that a significant number
of litigants who engaged him as lawyer over a period of years were suffering
irreparable loss, while his staff was also facing hardships.
On 16th May, Kaira told media that Prime Minister Gilani took the
cabinet into confidence over the verdict of Supreme Court, besides detailing
about his recent UK visit. The Prime Minister also congratulated Syed
Khurshid Shah and others over holding a successful PPP public rally.
Meanwhile, Chief Justice of LHC referred pleas against the convicted PM
Gilani to another bench.
Next day, Prime Minister Gilani said that according to the
constitution, political parties were not responsible for ensuring that the
orders of the Supreme Court were implemented. Speaking to the media
persons after a ceremony held in connection with World Communication
Day, Gilani made a specific reference to the PML-N when making this
statement. He said in court orders it was not mentioned that implementation
of verdict was responsibility of PML-N.
When asked by a reporter if he would be resigning, the prime minister
replied who should I give my resignation to? He added we are following
the constitution of the country. He said that a bunch of people did not want
to see his face and want to remove him in order to succeed in their
conspiracy to hinder the formation of Seraiki province.
Answering question regarding the appointment of Chief Election
Commissioner Gilani said that the opposition did not accept him as the

591

Prime Minister but were willing to sit in committees formed by him. He


tauntingly said that they would soon recognize him as Prime Minister.
The NAB initiated inquiry into reference filed by Rehman Malik
regarding money laundering by Nawaz Sharif. Spokesman of NAB said the
letter to Swiss Authorities was ready to seek details of their accounts, but it
has been with-held because the court has handed over responsibility to
Attorney General. Nawaz said the PPP was seeking revenge through cases
against us.
The Supreme Court indicted Babar Awan on charge of contempt of
court committed by him during a press conference on December 1. The court
asked the AG Irfan Qadir to act as prosecutor and provide evidence on May
25, while the hearing of the case would be held on May 29.
On 18th May, Gilani called on Chaudhry Shujaat in Lahore and after
the meeting he challenged his opponents to bring no-trust motions to catch
me if you can. He added a long march by Punjab government would
amount to treason. The meeting with cousin thieves from Gujrat seemed to
have worked like a tonic for the scrounger from the city of Saints.
Nawaz Sharifs attention was drawn by media reporters to Gilanis
statement; he refused to comment saying flip-flop statements of illegitimate
Prime Minister do not merit any attention. He criticized the government for
shamelessly backtracking on NATO supplies and added nobody apologizes
to beggars.
As the Supreme Court ran short of constituting a bench to hear
expected appeal by PM Gilani in contempt case, the Judicial Commission
met to fill a vacant vacancy. The commission recommended the name of
Chief Justice of LHC as member of the Supreme Court and appointing
Justice Bandiyal as Chief Justice of Lahore High Court.
Next day, the legal fraternity asked Prime Minister Gilani to step
down from his office, as he has been convicted in a contempt case, otherwise
they would launch a countrywide movement to oust him from power. This
announcement was made at All Pakistan Lawyers Convention held by
District Bar Association (DBA) under the chair of its president Sajid Ilyas
Bhatti. Except President Supreme Court Bar Association (SCBA), the
convention was attended by SCBA former presidents and prominent lawyers
Hamid Ali Khan and Qazi Esa
Some charged lawyers chanted slogans against PPP-led government
for its continuous defiance to the verdict against PM Gilani. In a resolution
592

passed by the lawyers unanimously, it was said that after convicting by SCP
in a contempt case PM Gilani has lost all legal, moral and constitutional
grounds to remain as Chief Executive of the country, therefore, he should
tender his resignation immediately or be ready to face the music.
The speakers also hit the PPP led government very hard for not ending
excessive load shedding, price hike, unemployment and reopening of NATO
supplies for the US Army and its allies stationed in Afghanistan. They asked
the government to not restore NATO supply line until USA did not stop
drone attack and tender her apology on Salala Check Post attack in which 26
men of Pakistan army martyred.
Following notices by the SSP Islamabad to Sharif brothers in
connection with fresh investigations into the incident of Supreme Court
building attack in November 1997, the party has begun consultations with
the legal advisers. Sources well informed of the developments in this regard
say that party leadership held a meeting with the senior advocates to discuss
legal value of the notices and what treatment they deserve.
Sharifs feel that it is an absurd attempt by the Interior Ministry to
drag them into a case which has already found nothing against them. It was a
sheer frustration of the Federal government as it has been unsuccessful to
deliver to the masses over the last four years and the PML-N exposed its ill
doings. During the meeting with legal advisers it was decided that
appearance before the police will be made through the lawyers and not the
Sharifs. For this purpose, a team headed by Khwaja Harris Ahmad has been
formed.
On 20th May, Gilani invited Nawaz and Imran to attend dinner to be
hosted in honour of visiting Turkish Prime Minister. The invitation has put
both the invitees to test as both of them have declared that they did not
recognize Gilani as Prime Minister after his conviction on charges of
contempt of court. Meanwhile, SCBA rejected the call against Prime
Minister Gilani by Lawyers Convention.

Taming the military: On 16th May, Lt-Gen Asad Durrani stated


that being the army chief, General Mirza Aslam Beg right from the
beginning was on board both in the process of issuing instructions as well as
overseeing the disbursement of funds to political parties. Aslam Beg had
denied his involvement in distributing money in Mehrangate case.
Durrani in a statement submitted in the Supreme Court said: I
received my initial orders to organize distribution of election donations

593

through him. Though, the subsequent instructions were at times conveyed by


Mr Ijlal Haider Zaidi, a member of the Presidents election team, I kept the
army chief fully informed. Be as it may, ISI as an organization responds to
multiple centres of power: the president, in his capacity as the Supreme
Commander of the Armed Forces; the three service chiefs and the chairman
JSHQ; and indeed the prime minister, said Durrani. He added all accounts
were maintained by the officers belonging to various MI detachments and
funds were placed in temporary accounts, while details could be provided on
confidential basis. Only after the disbursements were over, the balance was
transferred to a special fund of the ISI. Since records-were meticulously
maintained, all transactions can be accounted for.
Next day, the Supreme Court bench hearing Asghar Khans petition
was once informed by the government that reports about Mehran Bank and
Habib Bank could not be traced out. The court remarked that that if all the
relevant documents could be furnished before the court in Bhutto reference
case then why the reports of MBL and HBL could not be traced.
The court insisted on producing of these reports and asked director of
HBL to appear personally along with ledger. The court also sought
notification under which political wing in ISI was established and directed
Governor State Bank to share information on withdrawal of funds. The court
said all these documents would clarify many things.
Another bench of the Supreme Court directed the JAG to furnish the
reasons for not giving the charge-sheet to the accused of court martial before
confirmation of his sentence. The court observed during hearing of a 13 year
old petition that this was against the norms of basic justice and it was also a
violation of Article 10A of the Constitution.

Recessing economy: On 16th May, amid load shedding the


government increased electricity tariff by 16 percent. The cash starved
government would get Rs8.8 billion as additional revenue in the month of
June, which would mean about 100 billion per year. On 18th May, Rs3 billion
were released for IPPs.

Provincial disharmony: On 14th May, protests against power


outages continued across Punjab and parts Of KPK. President Zardari
chaired a meeting the sort out electricity load shedding. The government
vowed that such meetings would continue to be held till arresting the
problem of shortage.

594

Nawaz Sharif said South Punjab slogan is just an election stunt. He


termed restoration of Bahawalpur Province as vital. The PML-N chief said
that President Zardari and PM Gilani had become acrimonious towards him
after his visit to Sindh. About option of resignation he said it would give free
hand to the government. Next day, protests against power outages continued
across Punjab.
On 16th May, thousands of women took out a rally outside the Arts
Council, Karachi for the creation of a Muhajir province in urban areas of
Sindh province. The women first gathered at the Arts Council of Pakistan
and from there marched to Karachi Press Club in the form of a rally where
they were addressed by women leaders of Muhajir Sooba Tehreek. This was
the fifth protest of newly established Muhajir Sooba Tehreek in the
metropolis.
On 19th May, the nationalist parties said the demands for the creation
of a Mohajir province had no basis whatsoever, claiming that the Urduspeaking people were enjoying their rights. Branding such demands as a
conspiracy to bifurcate the province, the nationalists demanded the PPP-led
government to quell this treacherous rebellion and expose those behind it.
They also announced a protest demonstration on May 28 against the
attempts to carve out a new province. They also came down hard on certain
media outlets, saying they were highlighting the issue without an in-depth
understanding of the ground realities.
Chief Minister Qaim Ali Shah ordered the Sindh police chief and
other law-enforcement agencies to immediately remove the graffiti and
posters of so-called Mohajir province in various areas of Karachi. Chairing a
meeting at the CMs House, Qaim expressed anger over recent incidents of
target killings and directed the LEAs to take strict measures in this regard.
Next day, PML-N leader Sartaj Aziz said that the last four years of
PPP led regime witnessed worst ever governance coupled with rampant
corruption that caused the energy crisis, hitting Punjab most severely. Punjab
became the most affected province of the country in the wake of lingering
energy shortages as gas consumption fell by 13 percent in the province in the
last four years compared to 14 percent positive growth in the rest of
Pakistan.
The share of Punjabs agriculture in overall economy stands at 24
percent while rest of Pakistan is 17 percent. Punjab witnessed bottom low in
its contribution for industrial sector that stood at just 21.2 percent while rest
of Pakistans share stands at 31 percent particularly the share of Sindh is
595

quite significant. The share of Punjab in services sector stood at 54.8 percent
while rest of Pakistan was 52 percent.
The per capita income in Punjab stood at $1,140 which was 2 percent
less than rest of Pakistan. Comparing with Indian Punjab, Dr Pasha said that
Pakistans Punjab was lagging behind compared with Indian Punjab as other
side of border the Punjab grew by 8 percent more than our countrys Punjab.
The yield of wheat is 65 percent higher in Indian Punjab.
Giving reasons for decline in industrial sector contribution in Punjab,
Dr Pasha said that the research study found that the biggest contributing
sector of industry such as auto, cement and textile are mostly present in
Karachi. The share of textile industry declined from 50 percent to 40 percent
in Punjab despite this fact that the province possesses the largest share in
cotton production.
The Mohajir Sooba Tehreek announced to temporarily suspend its
organizational activities, but vowed to continue its struggle for a separate
province for the Mohajirs. However Graffiti and posters demanding Mohajir
Sooba remained intact despite CMs orders for their removal.

Baloch militancy: On 14th May, three people were killed and 22


wounded in remote controlled bomb blast in Quetta. The bomb targeted FC
convoy and two vehicles of FC were among seven destroyed in the blast.
Bomb experts estimated that 40 to 45 kg of explosives were used.
IG FC and IG Police assured the Supreme Court that all out efforts
were being made for recovering the Baloch missing persons and they had
convened a meeting of the officials of various law enforcement agencies to
discuss the matter. Justice Khilji observed that finger was being pointed
towards the security forces in almost every case of missing person. Chief
Justice said the missing persons were the key issue of the province.
Next day, two Hazaras were gunned down in Quetta. On 16th May, at
least four persons including two police personnel were injured in an
explosion in Naseerabad district. A police mobile vehicle carrying two
accused for producing them in Sessions Court was targeted with a remote
control bomb. Next day, two policemen were killed in attack by gunmen in
Quetta.
On 18th May, two people were killed and another wounded in
incidents firing in Dera Murad Jamali and Gandhawa. Militants blew up
railway track in Sariab area near Quetta. Relatives of missing persons set up
hunger strike camp on Quetta. Next day, bullet-riddled body of a missing
596

journalist was recovered from an area near Turbat city of Kech district. The
Council of All Balochistan Press Club threatened to launch protest
movement by June 1, if culprits were not apprehended. On 20 th May, a
Police officer was shot dead in Khuzdar.

Turf war in Karachi: On 15th May, three activists of MQM were


among five people killed and another five injured in firing incidents in
different parts of the metropolis. Next day, seven more people were killed
and several wounded in incidents of violence in Karachi.
On 17th May, six people, including MQM and ST men, were killed in
separate incidents of target killing in the city. In Itihad Colony, two
policemen were shot dead when they came under attack by gunmen at a
picket. Next day, an activist to MQM was among eleven people killed in
incidents of violence in the mega city.
On 19th May, Chief Minister presided over a high-level meeting on
law and order and directed the Rangers police and other law-enforcement
agencies to strictly maintain law and order and ensure security of every
citizen in the province. Qaim further directed the LEAs to intensify
patrolling in various localities and trade centres. Next day, four more people
were killed in the city.

VIEWS
Power politics
Can the people of Pakistan afford? Way back in 2009, Aryan Baker
wrote in the Time magazine: Beset by the feckless leadership and a
muddled sense of identity, Pakistan is now plunging into chaos.
Can the people of Pakistan afford to let the present rulers continue
pushing the country to the brink? It is high time that the opposition launches
a massive movement, which ensures free and fair elections under the
leadership of an upright and competent Chief Election Commissioner.
The country must be saved from further irreparable damage, when the
present government is bound to inflict on it.
Good that the GHQ is presently headed by a wise general, who is
rightly disinclined to walk into the corridors of power.

597

There is still time for Mr Zardari to hold an urgent meeting with the top
opposition leaders and carry the mandate of the nation with them.
(Inayatullah, TheNation 19th May)

Defiance of judiciary
Great expectations: From the large number of reactions I have
received to my columns, both from within the country and from abroad, it
appears that all are extremely worried about the current state of affairs in the
country and the danger posed to the very existence of our beloved
motherland. There is mortal danger hanging over our heads like a sword of
Damocles. Every sane citizen is worried about our future.
I had earlier written two columns on our judiciary and expressed my
reservations about its functioning and its inability to dispense quick and
cheap justice. A friend of mine from Lahore, Dr Fareed Ahmad, sometimes
sends me thought-provoking messages along with his good wishes. Last
week I received the following from him:
Name: Fazal Din, age: 75. Crime: loitering around at night. Justice:
rotting in jail for the last 38 years.
Name: Akbar Shah. Crime: stealing a bicycle. Justice: rotting in jail
for 13 years.
Name: Abdul Khaliq. Crime: cutting a tree (to cook food for the
children). Justice: rotting in jail for 14 years.
Name: Yousuf Raza Gilani. Crime: refused to comply with the
orders of the Supreme Court to write a letter to the Swiss Court for the return
of $60 million plundered national wealth. Justice: 30 seconds in an airconditioned courtroom (smiling), surrounded by governors, chief ministers
and ministers. Result: Yet more ridicule and insult to the Supreme Court and
acting as if though the conviction was a feather in his cap. More luxury trips
abroad, costing millions to the exchequer. Insaf ho to aisa ho. Wah, wah.
Pakistani Qanun Zindabad.
The above message moved me to write yet another column on the
judicial system. The purpose is not to insult or question the wisdom and
intelligence of the honourable judges. I only wish to discuss what is
bothering me as a layman.
As expectations in the judiciary rose after the restoration of the
judges, so the disappointment was the greater at the lack of realization of
these expectations. Who created these high expectations from the judiciary,
598

one may ask? Was it not the captain of the ship himself who presented his
case to the public and sought their support in his fight against the corrupt
leaders? But what happened when he was honourably restored after the
people responded and rallied behind him?
People from all groups across the political spectrum participated in
this long arduous struggle. They offered tremendous sacrifices for bringing
justice to the door of the common man. They held supreme the principle of
justice for all-whether rich or poor, powerful or powerless a system of
speedy and easy justice and above all, restoring peace and bringing
prosperity to the country. All these objectives were voiced in public
statements by the honourable chief justice, broadcast by the media and
registered by the whole nation. But what happened after the restoration?
There were claims of delivering justice and upholding the
Constitution even if the heavens should fall, restoring law and order and
bringing back looted money from foreign banks. Was the Constitution
upheld? Has law and order been restored in Karachi and Balochistan? Has
the looted money been brought back? The answer is no on all counts,
leading to widespread disappointment, despair and despondency.
Crime rates are on the rise, corruption has never been as high as it is
now and it has penetrated the whole political body of the country, essential
civic services are breaking down, inflation is skyrocketing, unemployment is
high, the education system is deteriorating and becoming increasingly
commercialized, health services are practically non-existent and terrorist
attacks, theft, dacoity, rape, murder and kidnapping for ransom are on the
increase, making the life of the common man almost unbearable.
Which promise made by the judiciary has then, thus far, been
fulfilled? What is the fate of the NRO case? What kind of justice is it that
has been delivered to the chief executive of the country in the contempt of
court case against him? Had it been an ordinary citizen charged with the
same crime, would the honourable judges have punished him in the same
way? What is the reason for this leniency other than the high office he
occupies?
When a whole nation is disappointed, its collective anger needs to find
an outlet, which is often violent. Look at the fate of the Shah of Iran,
Saddam Hussein, Qaddafi, Zein al-Abedine Ben Ali and Hosni Mubarak.
And let us not forget the ultimate judgment that of the Almighty. The court
of the All-Powerful, All- Knowing is the Absolute Court. In His Court there
can be no delaying or deceptive tactics and none can claim immunity.
599

Many respected investigative journalists have reported extensively on


important ongoing cases involving influential. Unfortunately, their detailed
and biting reports have not produced the desired results. As a matter of fact,
they do not seem to have had any results at all. We still see the same game
continuing. Not a single high-profile case has been decided or its judgment
implemented. On the contrary, the accused are strutting around with heads
held high.
In one of my earlier columns I had named the virtues of the old
judicial system. It was cheap, quick and fair. It was not intended to imply
that our honourable judges should sit on mats in mosques. I am fully aware
that, under present-day circumstance, this is not feasible. However, they
should deliver quick, cheap justice, equal for all, irrespective of position,
influence or wealth. (Dr A Q Khan, The News 14th May)
Pearls of wisdom: I have been moved by the reference to Nobel
laureate Khalil Jebran by the learned judge Asif Saeed Khosa containing
pearls of wisdom but it appears these pearls would prove to be pieces of
stones before the political swans of Pakistan. One may add pity the nation
that is engulfed in darkness in spite of 40,000 MW hydel generation capacity
of power and pity the nation where the politicians cannot agree on a dam
that would earn them $ 4 billion yearly while the nation begs from USA. $ 1
billion aid in 5 years as also $ 6 billion US from IMF in 5 years ignoring
its own hydel resource to generate $ 4 billion US annually.
Further pity the nation that is poised to buy energy from India
generated on Pakistans rivers to strike our shoes on our heads. Further pity
the nation which denies the final powers of arbitration and interpreting the
Constitution to the Apex Court claiming its Parliament to be the final arbiter.
Further pity the nation where its head of State takes refuge behind immunity
to safeguard his illicit money stashed abroad in an obstinate manner.
Pity the nation where head of Government revels in reported
corruption without batting an eye. Finally pity the nation where the law is
made a hand maiden of the powerful to serve their vested interests and pity
the nation where a child dies in the arms of his mother due to blockage of
traffic by people agitating the long hours of load shedding. (Dr Muhammad
Yaqoob Bhatti from Lahore, TheNation 15th May)
Sordid saga:
The former Prime Minister of Pakistan, Yousaf
Raza Gilani is like a half- witted person who is behaving as a confirmed
wiseacre who can destroy the whole country to hide the corruption of his
beloved master, Mr Zardari, the incumbent constitutional ruler of our state.
600

Mr Gilani is a sententious person trying to appear wiser than the whole


fraternity of lawyers of Pakistan as he has resolved to go on ridiculing the
Supreme Court and the honourable judges till the cows come home. It is
rightly said that a great fortune in the hands of a fool is a great misfortune.
We are not as pitiable a nation as one of the honorable judges has stated in
the verdict against Mr Gilani in the additional note but we are rather an
unfortunate nation whose elected leaders have always duped the people with
a vicious intent and have concentrated only on the aim of personal
aggrandizement. They have only proved to be political pygmies. Mr Gilani
has waged a full fledged battle against the judiciary with full vigor, strength,
craft and resources. This is certainly going to be a prolonged confrontation
only to the detriment of the people of Pakistan.
Mr Gilani got his lessons on 26th April when he was not only
convicted but punished in the courtroom for 30 seconds for having
deliberately scoffed the decisions of the most venerable court of the country.
Even though he has been convicted in the contempt of court and faces a
likely disqualification for holding any public office for the next five years,
he is repeating the same old mantra ad nauseam that he will never write a
letter to the Swiss authorities to reopen the graft cases against his master.
Adding insult to injury he also says in an audacious tone that no other future
Prime Minister will even write the said letter. Furthermore, he insists to
stand by his story that his future lies in the hands of the Speaker of the
National Assembly and only she has the powers and ability to disqualify him
or not. He even cares a fig for the Election Commission which can boot him
out of his office. According to Mr Gilani he would exhaust all possibilities to
prove his innocence and his legal team would appeal against his conviction
as and when he returns from his official visit to England. Let us suppose that
the Speaker surmises the matter not as serious that it should be sent to the
Election Commission and if after thirty days, the EC disqualifies him, the
heaven will not blow on him as the President of Pakistan will definitely
pardon his conviction. (Mubashar Ali Sulehria from Wah Cantt, TheNation
15th May)
The Speaker speaks: As Speaker Mirza noted, the Supreme Court
interprets the law finally, and thus she is bound to follow that interpretation.
If Parliament wants something else done, it has to pass legislation, which
again will be interpreted by the Supreme Court. If Parliament is not willing
to pass legislation, then the Speaker must act on the basis of existing law and
Supreme Court rulings. If the impression has been created, as it has, that the
Speaker is applying her mind primarily to bailing the Prime Minister out,
601

that in itself would make for an unfortunate situation, where the Speaker, to
preserve the non-partisan nature of her office, would have to rule against the
Prime Minister.
On the other hand, the task is not the most difficult Speaker Mirza has
faced, nor is there all that much to be decided. The question of the Prime
Ministers membership is not to be decided, merely whether a question
about it has arisen. The question itself must be decided by the Chief Election
Commissioner, and it is certainly a factor that the office is vacant and can
only be filled on the Prime Ministers recommendation. However, the
Speaker does not have to decide the issue, just do whatever legally
constituted authorities instruct her to. That would not only enhance the
prestige of those authorities, but also of Parliament and its Speaker. While
Speaker Mirza is right in not going by anyones expectations, she should
remember that if she indeed goes by the law and Constitution, she would be
fulfilling the expectations the public entertains of her office. (Editorial,
TheNation 16th May)
A peep into Dr Fehmidas mind: In her interview, Dr Fehmida said
it is not right to say that her role is that of a post office. Had it been so, the
Constitution would not have given her 30 days to apply her mind on the
subject. This means, she will use the period allowed to her by the basic law.
And while the process goes on, Mr Gilani will stay in the driving seat.
She deliberately did not explain when the 30-day period started or
would end. She said experts had differing views on the subject, but she
wouldnt give her own opinion. This ambiguity would also benefit the prime
minister.
The Speaker was also asked whether it was the Parliament which was
supreme to the Constitution, or vice versa. In a rather longish answer, she
recalled that she had already given a ruling that the Parliament was supreme.
Such a viewpoint in the prevailing situation would go in Gilanis
favour as the ruling coalition may take any decision on account of its
majority in both houses of Parliament. Similarly, the NA Speaker made it
clear that although it was the Supreme Courts right to interpret the
Constitution, the Parliament also has a role to play. The assertion means that
the Speaker doesnt keep out the lawmakers from what is generally believed
to be the judiciarys domain.
Many objections were raised when the National Assembly passed a
resolution in support of the convicted prime minister. Some thought it
amounted to a contempt of court by all those who had taken part in the
602

exercise. However, the NA Speaker came up with a quite different point of


view.
She told the interviewer that the resolution had been moved and
passed according to the rules and regulations. She, however, clarified that
she was not presiding over the session when the resolution was moved. This
again goes in Mr Gilanis favour, who himself has been criticizing the
judiciary since the day he was held guilty.
When she was asked to co0mment on the prime ministers statement
in the house that he would accept only the Speakers verdict (not that of the
court), Dr Mirza said he should not have said this. But then gave him the
benefit of the doubt, saying: Perhaps he was trying to educate the people.
The custodian of the house did not feel embarrassed when told the
drone attacks were continuing despite the unanimous resolutions passed by
the supreme legislature. She argued that the government does not have a
magic wand to get the attacks halted. She indicated as if any aggressive
move against the drones could lead to a war against the United States.
Needless to remind that the Speaker is supposed to be impartial while
discharging his/her duties. Despite belonging to the ruling party, the Speaker
doesnt act like the spokesperson of those who had elected him/her. The
answer of Dr Fehmida fully show to what extent she is (im)partial.
Does the government need anyone else to defend its policies? Dont
these answers show the kind of ruling that can be expected in support of the
prime minister? (Ashraf Mumtaz, TheNation 16th May)
And why dont they leave Who is stopping them? Supposedly,
Pakistan is a democratic country. Understandably, logically and rationally,
that is if one believes in democratic norms, the citizens of Pakistan are not
the subjects of the incumbent PPP ruling regime or its Prime Minister. The
state of Pakistan is not Yousuf Raza Gilani, the Pir from Multan, the state
or law unto himself. The citizens of Pakistan are entitled to full civil,
political, legal and democratic rights, and no one, not even a sitting Prime
Minister, has the moral, ethical and political authority to tell them: Well,
you dont like me, then leave the country. Who is stopping you?
This is absolute arrogance, unfathomable ignorance, and an
inexcusable assault on the dignity of the nation. But above all, the Prime
Ministers emotionally loaded, ethically flawed, politically incorrect and
sentimental barrage. Why dont they leave? Who is stopping them; is a

603

direct consequence of the incumbent PPP regimes total alienation from the
mainstream populace in the streets of Pakistan.
The fact of the matter is that the PPPs entire political leadership
suffers from an incongruity, an incapability and an intellectual political
incapability to conceptualize a strategic vision of a democratic Pakistan and
its democratic political management. It is entirely focused on maintaining
the political status quo in the country and preserving their political power at
all cost, no matter what. The Zardari-Gilani junta considers democracy as a
process of skilful manipulations, a craft of buying and selling loyalties,
naming a price and paying it out of the national exchequer, and to hold onto
power irrespective of democratic ethical-moral constraints or legitimacy of
political power. No wonder then, that todays Pakistan stands at the verge of
a failed state. (The CNN interviewer in London insultingly termed Pakistan
as a failed society in the face of Yousuf Raza Gilani)
The Pakistani Prime Ministers visit to Britain has raised more
questions on the integrity and credibility of the Zardari-Gilani regime than
resolved any fundamental or important issues facing Pakistan. In the first
place, British hospitality to Gilani does not provide legitimacy to the
Pakistani Prime Minister, nor can it overturn the Supreme Courts
conviction. If anything, it made a public mockery of fundamental democratic
norms and conventions on which Britain (needlessly) prides itself now.
Contradictions in British political behaviour are becoming vividly visible
so be it!
Then there are some other important questions that still further
undermine Gilanis personal political conduct, political integrity and
political credibility. For instance, why did Gilani and Cameron have a
lengthy private meeting? Did Gilani once again compromise Pakistans
national interests and sovereignty on the issue pf US-NATO supply routes?
Is Pakistan going to open the US-NATO supply routes on conditions laid
down by the Americans and their allies? Has there been, once again, secret
arrangements and commitments between the US-NATO and Zardari-Gilani
regime? Has Cameron, on the behalf of US-NATO, assured political support
to Zardaris incumbent presidency and covert backing to the PPP in
Pakistans general election? Are the commercial incentives offered to
Pakistan by Cameron subject to conditionalities? What are those conditions?
And so on and so forth?
Will Gilani, on his return, publicly share with the nation what was
talked about and agreed upon by him and the British Prime Minister? I do
604

not think so! The Pakistani people are being, once again, cheated by their
ruling elite: that is what Gilanis visit to England was all about secret
commitments, secret understandings, and surrendering Pakistans national
interests to US-NAYO dictates in exchange for the Wests support of the
vested interest groups in tomorrows Pakistan.
Indeed, the US-NATO would not like to see a national government
come to power in Pakistan because they are fearful that it would not serve
their geopolitical interests in the region. The question is: Can this stop a
transformation of political culture in Pakistan? Can they block a process of
change that is already underway in this country.
The Pakistani people are at a crossroads of an ultimate battle between
what it is now and what it ought to be tomorrow! That is our blinding
lightening flash of awareness in which to know, suffer and prevail over our
adversaries! We willWe willWe will Dr Haider Mehdi, TheNation
16th May)
Money laundering scandal: Hardly anyone can disagree that rule of
laws basic requirement is that accountability should be across the board that
should set an example in order to deter others from violating it. Our culture
is also such that generally leaders tend to regard themselves as untouchables,
which must end now. No one is above the law and clearly Mian Nawaz is no
exception. Perhaps who else but the PML-N understands better that the
judiciary, liberated after a long drawn struggle is now free and is dispensing
justice without any fear or favour. If they are clean as they say, they should
have no reason to fear the courts or the investigators. One still feels that the
move reeks of a personal vendetta
When the PPP is hardly ready to let its members and ministers face
the investigations or the cases there is little moral or legal ground it is left
with to ask for accountability of its rivals. Indeed examples abound, the
recent one being the ephedrine scandal that the federal setup is trying its best
to hush up. While the inquiry into the money laundering scandal must be
pursued, PPP big fish who are currently absconding from the law also be
brought to the book. Finally one reposes trust in the judiciary that it would
view the case on merit. This is also a challenge for NAB to act
professionally. (Editorial, TheNation 19th May)
If he were to continue for another term: The journalist had the gall
to ask our Prime Minister to look her straight in the eye and then answer her
question. It was rude and insulting, to say the least! The Prime Minister
smiled and replied that there was nobody stopping the unhappy population
605

from leaving. And then, justifying his replies on returning home, he said that
the journalist had called Pakistan a failed state which she had not! Saying
things in an impromptu, humorous manner is not a strong point with our
Prime Minister, it is abundantly clear. If he were to continue for another
term, heaven forbid, I would definitely recommend learning the art of oneliners from Azizi or Omar Sharif. (Tallat Azim, TheNation 19th May)

Recessing economy
Lame excuse: The Sindh government has opposed the Thar Coal
project led by Dr Samar Mukarakmand over the objection that the
gasification method would pollute underground water and would have a
detrimental effect on environment. It is a reflection of the same argument
that regards coal extraction for energy purpose as harmful, especially against
the backdrop of global warming. However, the underground water that is
thought to be in danger of being toxified as a result of gasification is already
unfit for human consumption. Shelving a project of such importance merely
for this reason is unjust.
Secondly, the method of extraction that Dr Mubarakmand would be
adopting is being used all over the world and hence can be trusted as
reliable. Countries like China have been using their coal reserves to get
energy and run their economy without much environmental pollution. Since
the project is of utmost importance given the energy crisis, it would be
unfortunate if it was politicized like Kalabagh Dam that has been strongly
opposed by Sindh. It is encouraging that Punjab has favoured the Thar Coal
project. Cheap and sufficient coal energy will fulfill Sindhs power shortage
as well as help the rest of the country grapple with the scourge. Objections
like environment hazard, without the proper research having gone into them,
are lame excuses that support Dr Mubarakmands complaint that the oil and
commission mafia is against it.
Both the Sindh and federal governments must instead make the
required funds available. (Editorial, TheNation 16th May)
Comparing economic situation with India! So what should we be
saying to ourselves? If India with all its industrial strength, a robust
domestic consumption base, a very healthy household/domestic savings rate
and with its new found status of darling of the West can be in such a deep
mess, then, by comparison, we are probably not doing so badly? The
economic challenges cum difficulties we face today in reality depict a global
phenomenon and, therefore, cannot be blamed on the incompetence of the
present economic managers?
606

In all fairness, the government may have a case to argue in its


defence; however, what it needs to remember is that the incriminating factor
against it is not the economic hardship being faced by the nation, but the
lack of vision and will on its part to successfully overcome the economic
difficulties facing the country no hope down the route! And if it is Indias
excuse is what we seek, then we also need to evaluate the seriousness and
sincerity with which their economic managers are busy taking some very
tough but necessary decisions. A renewed drive in India to increase revenue
collection that now for the first time nets the sacred cows of the past, e.g.
jewellers, companies including multinationals, that collected revenues in
India or made deals on Indian licences, but accounted them overseas to
avoid local taxes, consumers who displayed a taste for luxury but failed to
meet their tax obligations, capital gains tax on all transactions involving
assets or stake in India, evolving a performance based relationship between
the centre and the states that hinges for transparency and accountability of
funds and the resolve of states to raise their own revenues by implementing
state level value added taxes, etc.
But, in my opinion, the single most important difference that puts
them apart is that the Indian economic managers are not looking for excuses
and are genuinely ashamed on their recent performance. A recent debate
stirred in India by their Deputy Chairman Planning Commission, Montek
Singh Ahluwalias poverty definition, defined poverty on the basis of daily
consumption of Indian Rs28.65 and if accepted would mark down Indians
poverty level to below 15 percent. I had been quite impressed by the remarks
of the previous Head of the World Bank, Mr Robert Zoellick, during his visit
to New Delhi in March 2012, on this new proposed poverty benchmark:
while it may be overdone since the World Bank itself sets a $2/day (IR 100)
as the cut off, but for me what is important is the eagerness of the Indian
policymakers to grapple with poverty in India and their mindset that their
respectful place in the developed world can only be achieved by being
conscious of the shame associated with poverty.
My concern is that can we also be confident about a similar mindset
of our counterparts? (Dr Kamal Monnoo, TheNation 16th May)
Resources aplenty: For someone living in todays Pakistan, where
power load shedding has made the lives of the ordinary citizen miserable if
it has not taken away his job, the World Bank report declaring that it has a
plenitude of resources, is an eye-opener, apart from raising further questions.
The most relevant question is why these resources are not used, but the
report does not go beyond saying that the exploitation of these resources
607

would provide Pakistan enough energy so that its economy could grow at an
adequate pace. Among the points noted in the report is that of the 54 trillion
cubic feet of gas that has been discovered, 32 trillion cubic feet remained
closed, as has 354 billion of the total 937 billion barrels oil reserves. Though
the report noted that of the 40,000 MW of hydroelectric potential possessed
by the country, only 6500 MW has been harnessed. The report did not
mention the Indian theft of Pakistans share of the Indus Basin waters, even
though the Bank is a guarantor of the Treaty.
Another thing the Report did not mention, was that a government
which could not solve the circular debt issue, was not likely to raise the
funds needed to initiate alternative energy projects, such as the Kalabagh
Dam, wind power or gasified Thar coal. There had been a suggestion made
by PML-Q chief Ch Shujaat Hussain that the provinces could help pay off
the circular debt by foregoing some of the proceeds of the Finance
Commission and using the money that way. That is something that should be
given more consideration that it has got since it was made. It was initially
dismissed as an anti-Punjab government suggestion, and meant to throw the
blame of load shedding off the federal government and on to the Punjab
government. And since as any NFC Award money will have to come from all
provinces, the PPP, which controls two provincial governments and is a
coalition partner in the third, will also have to contribute.
Now is not the time to apportion blame. The World Bank report makes
clear how load shedding should be overcome and that this is best done by
tapping the vast hydroelectric potential Pakistan has. The current electric
energy shortage is not just an inconvenience, but a threat to Pakistani
industry and agriculture, without which it is impossible to produce the
exports through which Pakistan will pay for the food, fuel and other goods it
needs to survive. It is therefore essential for the government to end those
parochial objections which do not owe themselves to considerations of
national interest, but to instigation by vested interests. (Editorial, TheNation
20th May)
Deplorable: It could only be a government totally unconcerned about
the masses that would keep on raising the electricity bills almost every
month even when there is no electricity. This is a travesty of the basic
responsibility of serving the public that the government carries on its
shoulders. The new increase is up to 16 percent while the outages have
increased to 18 hours per day and longer blackouts in the rural areas.

608

The rulers seem least bothered that the frustrated people who are up to
arms as witnessed by sporadic rallies in different parts of the country can
easily be mobilized by some political party to unseat the setup. The
argument during the Cabinets meeting when Minister for Railways Ghulam
Ahmed Bilour came to verbal fisticuffs with Minister for Water and Power
Syed Naveed Qamar for refusing to inform about the demand and supply
gap in KPK comes as small consolation since it shows some of them have
begun to feel concerned albeit for the prospect of electoral victory.
Interestingly, in the middle of this slanging match, Mr Bilour questioned
how would they ask people for the vote, if the power outages were not
stopped. The perception is that this being the last year of the governments
tenure its greed has gone out of control; it is busy raking it in by snatching
bread out of average mans mouth. The sole aspect the rulers are bothered
about is how to form the next government
Frequently raising the charges when it should be decreasing them in
accordance with few hours of electricity being supplied, the dispensation is
inflicting a gross injustice to the poverty stricken people. They are already
hard put eking out an existence given the prevailing inflation and with all the
extra charges and increased tariffs what else would they do if not set their
bills on fire. (Editorial, TheNation 18th May)
Overarching threat to security: Though Pakistan cannot be
insulated from the turmoil in Afghanistan, the overarching threat to its
security emanates from within its borders. The country faces multiple
challenges, of which the dismal state of the economy is foremost. A nation
that ignores the linkage between a robust economy and national security
does so at its own peril. This was also what Chief of the Army Staff Gen
Ashfaq Parvez Kayani recently, said but there is no corresponding effort on
the part of the government to arrest the economic meltdown. (S Iftikhar
Murshed. The News 21st May)

Provincial disharmony
The cat is out of the bag:
The demand by a section of MQM
leadership in New York for carving a new province out of Sindh comprising
urban areas in the south contains within itself the rationale for arguing for
Seraiki and Hazara provinces. We have time and again underlined the point
that ultimately MQM would revive its old demand Jinnahpur. Reportedly,
the partys Rabita committee has not endorsed their call.
Leaving aside any other argument, one must say that the issue is
pregnant with turmoil and violence in a province whose capital suffers daily
609

bloodletting. This call is an inevitable corollary of the hornets nest of new


provinces stirred up by the present government just to gain political mileage.
Little wonder the MQM leaders in New York while making their demand
referred to the PPP set-ups support for the Seraiki province as a justification
for creating South Sindh. Sane elements in the country should be working
against splitting the provinces on ethnic grounds which runs contrary to the
teachings of the Quaid-i-Azam who urged unity, faith and discipline. Sadly,
even in areas where the people did not feel the need for a province, the local
politicians are diverting their attention with such secessionist notions. The
responsibility falls on the MQMs shoulders to come clean on the issue.
They must make their position clear, that they condemn such a move.
(Editorial, TheNation 15th May)
Highly shocking:
It comes as a big shock and surprise to
hear that the Pakistani Embassy in China rolled out the red carpet for
General Musharraf, who is wanted in Pakistan for the murder of former
Prime Minister Benazir Bhutto and Baloch leader Akbar Bugti. It is quite
ironic that this has happened at a time when the party of late Benazir led by
her spouse and run by her close associates is in power. There is also Interpol
that was recently asked by the Interior Ministry to hand him over to
Pakistani authorities. Not only was lavish protocol arranged for him by the
embassy but he was also given the opportunity to address a gathering of the
diaspora and, not so strangely, he was stingingly critical of the present
government during his speech. It is against diplomatic norms that a speaker
at a function arranged by an embassy should be running down the
government the embassy represents. In view of the kind of reception that
was arranged for him one begins to doubt whether the government has lost
touch with its key embassies and the kind of personalities it is issuing
patronage to. If the government really wanted him to face trial for the
charges against him, perhaps it should have rolled out handcuffs instead of
the red carpet. The kingly reception of the General cannot be understood by
any rationale. (Editorial, TheNation 15th May)

REVIEW
Shaikh Rashid has been the most vocal critic of the current democratic
dispensation in the country and the quality of governance provided by the
Zardari regime. Even Shaikh could not hold back his appreciations of
mastery of Zardari over power politics.

610

He commended the manner in which Zardari collected political parties


with divergent thinking to form a ruling coalition and kept then glued
together in difficult times. At the same time he ensured that opposition
parties remained divided despite their like-mindedness on most issues.
The British could be criticized for entertaining a convict Prime
Minister in violation of all democratic ethics and their own traditions and
cherished values. Not only that, Cameron went on to commending the
services of Gilani for promotion of democracy in Pakistan
But as Prime Minister of Britain, Cameron had to keep interests of his
country and the Crusaders above all moral obligations. A convicted head of
the government of Pakistan suited their designs the most. He being under
constant pressure at home would be willing to go to any length to serve the
interests of the Crusaders.
This was indirectly mentioned by Dr Haider Mehdi in his column.
Why did Gilani and Cameron have a lengthy private meeting? Did Gilani
once again compromise Pakistans national interests and sovereignty on the
issue pf US-NATO supply routes? Is Pakistan going to open the US-NATO
supply routes on conditions laid down by the Americans and their allies?
Have there been, once again, secret arrangements and commitments between
the US-NATO and Zardari-Gilani regime? Has Cameron, on the behalf of
US-NATO, assured political support to Zardaris incumbent presidency and
covert backing to the PPP in Pakistans general election? Are the commercial
incentives offered to Pakistan by Cameron subject to conditionalities? What
are those conditions? And so on and so forth.
Haider continued: Will Gilani, on his return, publicly share with the
nation what was talked about and agreed upon by him and the British Prime
Minister? I do not think so! The Pakistani people are being, once again,
cheated by their ruling elite: that is what Gilanis visit to England was all
about secret commitments, secret understandings, and surrendering
Pakistans national interests to US-NAYO dictates in exchange for the
Wests support of the vested interest groups in tomorrows Pakistan.
Dr A Q Khan in his column reminded the Executive by saying: Let us
not forget the ultimate judgment that of the Almighty. The court of the AllPowerful, All-Knowing is the Absolute Court. In His Court there can be no
delaying or deceptive tactics and none can claim immunity. He, however,
missed mentioning the judges who use different yardsticks for ordinary
citizens and those in high position.
27th May, 2012
611

IN THE REGION-VII
During the two weeks under review, Pakistanis as a nation sank lowest
of the low in terms of national pride. The nation of 180 million believers
led by the Scoundrel and the Saint bowed down before the Crusaders to lick
what they had spat about six months ago.
There had been indications of submission before Gilani proceeded to
the UK on a week-long yatra, but it was during his stay in London that he
prostrated before Cameron to renew his pledge to serve the masters. In
return, he was reassured the support as per terms under which PPP was
installed in Islamabad.
No sooner he boarded the home-bound plane, he and his foreign
minister started counting their foreign masters; the member countries of
NATO. By the time he landed in Islamabad the count had reached 48 and the
justification was ready; there was no wisdom in annoying so many masters.
No one has as yet said that it is not possible to keep so many masters happy.
612

The likely restoration of NATO supplies through Pakistan without an


explicit regret over Salala massacre and ending drone attacks, which are in
violation of international law, would be a matter of shame for the
generations to come. It would be shame for the House that represents people
of Pakistan and more so for the men in uniform who are known as Defenders
of Pakistan.

NEWS
Pakistan: On 7th May, beheaded bodies of three soldiers were found
in Miranshah bazaar. Eight people, including two children and three women,
were killed in day long artillery shelling and 25 others were wounded.
Curfew remained imposed in the Agency on second consecutive day.
A policeman was shot dead by gunmen in Hangu. Militants and Aman
Lashkar clashed in Badaber, suburbs of Peshawar. TNSM chief and others
were indicted on charges of revolt and kidnapping policemen and the court
adjourned hearing till May 15. Cell phone service was suspended in Bajaur
Agency. Abducted US worker, Warren Weinstein appeared in al-Qaeda video
for the first time in which he urged US President to meet the demands of his
kidnappers and negotiate his release. Washington said it would not negotiate
with terrorist group.
Hillary Clinton in Kolkata said that the US believed that Zawahiri was
some where in Pakistan and she vowed to keep up pressure on Islamabad to
find other most-wanted militants. She also expressed concerns over
Islamabad taking no action for conviction of Hafiz Saeed. Hina Khar denied
presence of Zawahiri in Pakistan and asked US to share information about
him. LHC Chief Justice was angry over non-submission of reply by Foreign
Ministry to a petition challenging fixing of bounty on Hafiz Saeed.
Next day, the death toll in fighting that flared up on May 6 in North
Waziristan rose to 19. Among the dead were 12 soldiers, three of whom were
abducted and beheaded and the rest were civilians including women and
children. More than seventy people, including 20 soldiers, were among the
wounded. Forces also claimed killing 17 militants. Militants distributed
pamphlets pledging holy war (jihad) to mark the first anniversary of the
killing of Osama. Cameron Munter decided to quit early as US ambassador
to Pakistan.
On 9th May, eight people were wounded when militants carried out
two bomb blasts at the under construction tomb of Ajmal Khattak in Akora
613

Khattak; the tomb was also damaged. Reportedly, the militants had overpowered the guards before planting the bombs.
US Congressional Committee the budgetary proposal for the year
2013 prohibited economic and security assistance to Pakistan till it
cooperates with the US in the fight against terrorism and takes action against
the Haqqani network, the Taliban, Lashkar-e-Taiba and Jaish-e-Muammad
and al-Qaeda. Meanwhile, some sections of media reported Munter-Saeed
meeting; US Embassy denied.
In London, Rehman Malik issued rebuttal to Hillary Clintons
statement about Zawahiri. He said: Zawahiri has been seen in Afghanistan
many times. If he ever crosses over into Pakistan, there is no involvement of
Pakistan in that, under any circumstances. The US is fighting in Afghanistan,
which is the hub of the action; that is where all these people are.
Next day, the US Congressional Committee overwhelmingly passed
the bill that imposes conditions on Pakistan for receiving American
economic and military aid which will depend on the action Islamabad takes
against terrorists and the menace of improvised explosive devices. The bill
passed by House Armed Services Committee will now be placed before full
House next week.
The puppet regime reacted promptly to the pressure tactics of
American masters who appeared to be serous about immediate restoration of
NATO supplies through Pakistan. Prime Minister summoned meetings of
DCC and the cabinet on 15th and 16th May and Corps Commanders will also
meet on same dates.
The Supreme Court gave an additional month to the Judicial
Commission to complete probe into Memo Scandal. During the hearing the
government opposed extension in date of completion but failed to give
reason when asked by the Supreme Court.
On 11th May, four children were killed when a mortar shell hit their
van in suburbs of Peshawar; two women were wounded. John Kerry warned
Pakistan to be more cooperative. NATO Secretary General, Rasmussen
suggested that Pakistan could miss out on important talks on the future of
Afghanistan at a NATO summit in Chicago, if it fails to reopen supply
routes. He told that other countries providing supply routes to NATO had
been invited to the summit, which will map out a future for Afghanistan.
Gilani was faster than the expectations of Rasmussen. At his hotel in
London, Gilani reiterated Pakistans desire for a strong, stable and peaceful
614

Afghanistan. He also said that negotiations were underway for reopening the
lines of supplies of NATO troops in Afghanistan.
Next day, a policeman was killed and 17 people were wounded in
when a roadside bomb in Peshawar struck a prisoners van. US General John
Allen and his Afghan counterpart arrived in Pakistan the taker part in
tripartite talks. The top brass of military alliance for war on terror failed to
make headway on major contentious issues that could have led to
resumption of NATO supplies through Pakistan. Resultantly, Pakistan was
not invited to Chicago summit, no apology and no halt to drone attacks.
On 13th May, NATO forces deployed in Khost fired eight mortar
rounds into North Waziristan. Qaumi Jirga head was shot dead in Lakki
Marwat. Seven people were wounded in a bomb blast in Peshawar; a terror
attack on fourth consecutive day in the city.
The US and Pakistan achieved significant progress during trilateral
talks at Rawalpindi. Reportedly, NATO would invite Pakistan to Chicago
Conference in return for countrys pledge to reopen ground supply routes of
the western military alliance. Commanders also agreed to better border
coordination.
On board the plane heading home after Prime Ministers UK visit,
Hina Rabbani said NATO is not just one country but an organization of 28
countries. It took nearly six months and a visit to London to dawn upon her
this simple reality. She added that Pakistan cannot spoil relations with so
many countries; therefore it has to reopen NATO supply routes sooner or
later. Meranwhile, Balochistan government wanted that Gwadar Port be used
for NAYO supplies and Afghan Transit Trade.
Senator Dianne Feinstein demanded Pakistan to do more. JI protested
John Kerrys threat of unilateral US action inside Pakistan. Fazlur Rehman
observed Pakistan has been turned into a war zone and he called for
expulsion of US forces from the region. He also advised political parties to
do politics of hope nit fear.
Next day, at least nine militants were killed and several others injured
by security forces in Kurram Agency; three hideouts were also destroyed.
Eight militants were killed in Khyber Agency. In Mohmand Agency a
volunteer of peace lashkar was killed and four wounded in attack by
militants.
Chief Justice inquired from the Islamabad Police on whose order the
Armed Forces were summoned to launch crackdown against the students
615

and clerics of Lal Masjid and Jamia Hafsa. The court was hearing a petition
from parents of students who were killed in operation and the petitioners
wanted registration of FIR against officials responsible for calling Army. On
getting no acceptable reply, the court directed to come prepared during next
hearing.
Maqbool Malik and Abrar Saeed reported that cash-strapped ally was
about to swallow its pride. Pakistan looked set to reopen NATO supplies as
Foreign Minister Hina said it was time to move on. She spoke to press
conference after top civil and military leadership of the country met to
discuss troubled relations with the US ahead of a key NATO summit in
Chicago on future of Afghanistan.
President Zardari and Prime Minister Gilani jointly chaired the
meeting at President House that was also attended by Army Chief G and DG
ISI Lt-Gen Zaheerul Islam, besides the federal ministers and secretaries.
They reviewed Pakistans relations with the US and NATO. Official hand
out issued did not give sufficient details of this meeting, but it was held to
finalize and unofficially condone the outcome of the generals and diplomats
parleys held yesterday.
Reportedly, both military and political leadership have in principle
agreed to restore NATO supply routes but announcement of this decision
could take some days owing to the mounting public outrage against the US,
primarily due to drone attacks inside Pakistan. Apart from talks between the
Gen Kayani and Gen John Allen, Sherry Rehman was also busy with senior
officials of the US State Department to achieve some grounds to move
forward. Husain Haqqani, former Pakistani ambassador was also helping
Sherry and lobbying for Pakistan.
As per the conditions agreed with the US and NATO, strict inspection
of NATO containers would be made mandatory both at entry and exit points
in Pakistan while the levy on the NATO containers would be enhanced to a
considerable level. It would also be made mandatory that NATO would also
pay considerable sum in the head of roads repair to be used by the NATO
containers. United States and ISAF have assured that Salala-like incidents
would not take place in future.
During an interaction with reporters on the sidelines of an official
function, Gilani said the NATO supplies issue was a matter of relations with
not just one country but 48 countries, adding that Pakistan seeks better ties
with the entire world including neighbouring countries. This indicated his
governments craving for normalizing things so the much-needed US funds
616

could flow in before his cash-starved administration presents annul budget


ahead of the general elections.
Information Minister Qamar Zaman Kaira was reported as saying a
decision on NATO supplies would be made within days. There are a lot of
sensitivities, he told reporters. How we can share things with you that are
under discussion? We will share it in the next three to four days.
Meanwhile, the US was pleased to announce progress on NATO supply.
Minister of communication said the NATO containers caused damage
to road network worth $1.5 billion. Shah Mahmood Qureshi of PTI warned
the government that resumption NATO supply through land route would
tantamount to by-passing the Parliament.
On 15th May, nine militants were killed when a mortar shell hit their
hideout in Mamozai area in Upper Orakzai Agency. The area is considered
stronghold of extremists. Two children were among three people wounded in
grenade attack in Peshawar.
NATO spokeswoman Oana Lungescu said President Zardari would
take part in the second day of the summit which will focus on Afghanistan.
The talks will underline the strong commitment of the international
community to the people of Afghanistan and to the country's future. Pakistan
has an important role to play in that future, she said. The cabinet meeting on
Wednesday is expected to decide to reopen overland NATO supply lines into
Afghanistan closed since November. We're working very closely with
Pakistan to allow the opening of the transit line because obviously this is in
everybody's interest, said Lungescu.
Spokesperson to the President said that the invitation by NATO
Secretary General for Chicago Summit was unconditional and not linked to
the opening of ground lines of communication for NATO or to any other
issue. The President informed the NATO Secretary General that he would
consider the invitation in the light of the guidelines of the Parliament and the
advice of the government. He said that a decision on the invitation will be
communicated to NATO later.
Briefing the media about the decisions taken at the DCC meeting
chaired by Prime Minister Gilani, the Information Minister said that a final
decision to reopen the NATO routes would be made after conclusion of the
ongoing Pak-US talks in this regard. He said the DCC expressed satisfaction
on the negotiations held so far and directed the Foreign Office, Finance
Ministry and other concerned departments to complete their respective tasks
in connection with the dialogue process at the earliest. The DCC endorsed
617

President Zardari's attending the Chicago Summit, Kaira said, adding,


'NATO is a big forum and the President will fight Pakistan's case in front of
the world's nations.'
Abrar Saeed reported that Pakistan was struggling in last-ditch facesaving effort. DCC cleared movement of non-lethal cargo of NATO, but
final decision was pending, while both sides will stay engaged. US may
come up with mild apology to mitigate public anger. Tax levy was agreed
and NATO may provide sizeable amount for repair of road network.
Nawaz Sharif expressed concern over growing number of missing
persons in the country and said that there is no room for such activities in a
civilized country like Pakistan. Addressing a ceremony for the distribution
of funds among the families of the missing persons Nawaz reiterated that
hundreds of Pakistanis had been taken into custody without any law and said
that if there was any evidence against them then they should be brought in
courts. He said though money could not equal the misery of the missing
persons, yet he vowed to ask the Chief Minister of the Punjab for giving
stipends to the families of the missing persons.
Kaswar Klasra reported that Husain Haqqani could move international
courts in case of unfavourable findings and opinion of the Judicial
Commission. Legal experts, however, feel that Haqqani should have
appeared before the commission to clear his name.
Berken Yashar, a Turkish politician and former US intelligence agent
claimed that the Americans did not kill the al-Qaeda leader Osama bin
Laden. He while talking to Russian Channel One said Osama, in fact, died a
natural death. Berken revealed some astonishing facts when asked about
Osamas killing.
He said: Even if the entire world believed I could not possibly
believe it I personally know the Chechens who protected him, they arte
Sami, Mahmood and Ayub, and they were with him until the very end. I
remember the day very well; there were three sixes in it, 26 June 2006.
These people as well as two others from London and two Americans, all
seven of them, saw him dead. he was very ill, he was skin and bones
Next day, Prime Minister Gilani warned his cabinet against emotional
decisions which wont augur well. He advised sagacity at this critical
juncture in which Pakistans relations with NATO and US were passing
through sensitive period. He primarily passed on the wisdom that he
gathered during inter-action with David Cameron in London.

618

That wisdom has been reportedly condensed into the accords finalized
by Ministry of Defence ahead of reopening of NATO supplies. Pakistan has
dropped the call for apology over Salala massacre and also taken flight from
its stance on drone strikes. The crux of the Zardari-Gilani regimes wisdom
lies in the promise that it would get $365 million annually.
Kaira informed media that no decision regarding resumption of NATO
supply has, so far, been made. Briefing the media after the meeting of the
federal cabinet, he assured that all would be accomplished within the
framework of National interest(s), and there would be no compromise over
National integrity, ever. Nation would not be kept in dark about the issue(s),
while full prudence and responsibility would be practiced in making the
decision.
With Pak-US ties on the mend, the White House came out in strong
opposition to the conditions on American aid to Pakistan built into the
National Defence Authorization Act (NDAA) for the fiscal year 2013 by a
key Congressional committee. The Obama Administration said that the
conditions attached by the House Armed Services Committee to the Act on
Pakistan aid would be counter-productive at this sensitive time.
The ISPR made it clear that the resumption of NATO supplies through
Pakistani routes was not discussed during the tripartite meetings as it was
not on the agenda of meetings held May 12 and 13. The focus of the
meetings remained on border control measures and mechanism put in place
to avoid untoward incidents on both sides of the Pak-Afghan border.
Speculations in this regard, to say the least, are far fetched, DG ISPR said.
At least three people were killed and four wounded when unknown
assailants opened fire on a Jirga, also attended by ANP MNA Khursheed
Begum, in Kohat. She escaped the attack but her husband was injured. Three
Western embassies in Islamabad received letters containing suspicious
powder and threats to poison supplies for NATO soldiers in Afghanistan.
Police has sent the powder for laboratory test.
On 17th May, President Zardari will attend the NATO Summit in
Chicago on May 20-21. He will address the Expanded ISAF Meeting and
also meet various heads of state and government on the sidelines of the
NATO Summit. He will be accompanied by Foreign Minister and Foreign
Secretary. Prime Minister said the invitation to the summit was
unconditional, but senior military and civil leaders have made a decision to
reopen the supply routes amid growing US pressure but delayed a formal
announcement. The invitation to the NATO summit was extended to
619

Pakistan after the officials conveyed to the US about the decision to unblock
the supply routes.
President Obama has no plans to hold a bilateral meeting with
President Zardari on the sidelines of the NATO Summit, but he will see
him during the conference deliberations, White House official said. About
the current US-Pakistan talks, Donilon said: We have made real progress, I
think, towards resolving the issue around opening of the ground supply
lines He said negotiators on both sides were under instructions of their
respective governments.
Meanwhile, eight militants were killed in Upper Orakzai Agency. One
person was killed and four wounded in two bomb blasts in Peshawar. Imran
said the Parliament would lose its sanctity if the NATO supply line is
restored against its recommendations. PML-N opposed resumption of NATO
supplies. Reportedly, Zardari regime was demanding $5,000 fee for each
NATO container.
Next day, the US House passed a bill with 412-1 vote that could block
up to $650 million in proposed payments to Pakistan unless Islamabad lets
coalition forces resume shipment of war supplies across its territory. It
means payment of Coalition Support Fund will remain withheld till
resumption of NATO supplies. An amendment to the bill for deducting $50
million for each US citizen killed in Afghanistan (termed as ISI actions) was
rejected with 335-84 vote.
Four containers were allowed to cross over into Afghanistan saying
these carried stationary for the US Embassy in Kabul as Zardari was on his
way to Chicago. Munawar said a chance to revive national honour has been
missed. Leaders of PML-N and PTI also condemned restoration of NATO
supplies.
Security forces arrested a militant commander with three accomplices
during an operation in Kurram Agency. Three dead bodies packed in a sack
were recovered in Peshawar. Raja Muhammad Irshad, the counsel for ISI
and MI informed the Supreme Court that two of the missing persons could
not be released; they were picked up on release from Adiala Jail The court
issued notices to the Ministry of Defence, ISI and MI. The court allowed the
seven prisoners to become the party in the case and permitted to change the
title of the case, before adjourning the hearing for two weeks.
Husain Haqqani warned Pakistan that advantage NATO supplies
crossing into Afghanistan from Pakistan would not last forever. He then

620

talked directly to Pakistan Army and asked for a crackdown against Haqqani
Network as it would also be in Pakistans interest to eliminate terrorism.
Haqqanis lawyer boycotted the proceedings of Memogate probe
terming them illegal and he planned to move Supreme Court against Chief
Justice Qazi Faez of BHC, who is heading the commission. The commission
completed the proceedings with recording of the statement of its secretary
Raja Jawad, who was mandated to probe the memogate. He submitted
forensic report of Mansoor Ijazs Blackberry handset which confirmed
telephonic conversations between Ijaz and Haqqani soon after May 2, 2011.
On 19th May, NATOs chief urged Islamabad to back efforts to
stabilize Afghanistan as he prepared for talks with President Zardari, on the
eve of a NATO Summit. Rasmussen said at a policy forum in Chicago,
which is hosting the summit: We have to solve these problems, he said,
referring to the safe havens used by insurgents in Pakistan to launch attacks
on NATO troops across the border. When he meets with Zardari later,
Rasmussen said he would convey a couple of clear messages.
Leon Panetta ruled out paying Pakistan $5,000 for each truck carrying
supplies across its territory for US-led NATO troops battling the Taliban in
Afghanistan. His statement came as Pakistani and American negotiators are
working in Islamabad to finalize a deal that would restore transportation of
supplies for the NATO troops in Afghanistan.
Talks between NATO chief and Pakistani President were canceled as
Islamabad appeared heading for a clash with the US over reopening Afghan
supply routes. The cancellation came after Leon Panetta said in an interview
that he thought Islamabad was demanding too high a price to reopen the
supply routes into Afghanistan closed after US air strikes in November.
The activists of a religio-political alliance will march on the capital
next Sunday to stop the expected reopening of NATO supply routes. The
Defence of Pakistan Council (DPC) announced to launch a peaceful long
march from Karachi to Islamabad on May 27, which will be preceded by a
countrywide protest on May 25 (Friday). The announcement came during a
media briefing after a meeting of the heads of the DPC member parties at
Jamaat-e-Islami (JI) headquarters where they regretted non-acceptance of
their invitation to the moot called on NATO supply issue by PML-N, PTI
and JUI-F.
Samiul Haq of JUI-S chaired the meeting while heads of member
parties including Syed Munawar Hassan, Hafiz Saeed, Lt-Gen (r) Hameed
Gul, Ahmed Ludhianwi, Sheikh Rasheed, Sardar Attique, Ijazul Haq and
621

Hafiz Tahir Ashrafi attended the moot. They said the DPC would extend the
protest to Chaman, Torkham and other routes of NATO supply in the
country.
The DPC leaders said the US and her allies would get a new life if
supplies of the killers of the Muslims are reopened and help them stay in
the region for another ten years. Pakistan will be affected the most if the
supplies are resumed. The DPC leaders also expressed solidarity with the
Kashmiris and assured them of full support in their freedom struggle.
The PPP sent its emissary to JI headquarters Mansoora with the
request that Defence of Pakistan Council (DPC) should avoid taking a tough
line against the government during the long march, while the government
will not create any hurdle in DPC march towards Islamabad. In the talks
between Rehman Malik and Munawar Hasan at Mansoora told this
correspondent that former requested the latter that he should kindly ask the
member parties of the Council not to make any demand or take tough stance
against the government during the long march towards the Federal capital.
A broad-based non-political alliance of religio-political parties is
expected to be launched on May 21 when former Jamaat-i-Islami Amir Qazi
Hussain Ahmed, duly mandated by his party, hosts a conference at a five-star
hotel in Islamabad. Leaders of parties representing all religious schools of
thought will be among the participants. The new coalition will try to settle
differences among religious parties with a view to uniting them at a time
when the country faces a number of threats from the powers occupying
Afghanistan for the last one decade. At a later stage, the forum will also try
to remove all hurdles in unity among the Islamic countries.
To ensure that the proceedings of the day-long conference go on
smoothly, the organizers have decided to invite Sipahe Sahaba Pakistan and
Millat-i-Jafaria (representing Shias) in separate sessions. In Mondays
session, the Shia leaders will be there, but the SSP representatives will be
invited to some other session. A committee is expected to be formed to find
commonalities between Shias and Sunnis and persuade them to work
together.
The proposed alliance will also carry out a number of other tasks. For
example, for the first time in the countrys history, an attempt would be
made that sermons to be delivered in Juma prayers from all mosques are on
the same subject. To make it possible, a committee is likely to be constituted
by the conference participants. The recommendations made by the Council
of Islamic Ideology on a variety of subjects remain unimplemented. The
622

proposed alliance would also consider a methodology to force the


government to enact legislation in the light of those recommendations.
Qazi Hussain Ahmed said that the new alliance would not be an
election alliance and it would work only on a non-political agenda. He said
the new alliance would not oppose efforts to revive the Muttahida Majlis-iAml (MMA). The former JI Amir said the new alliance would have no
differences with the Defence of Pakistan Council, a conglomerate opposed
to the governments plans to restore the NATO supplies to Afghanistan.
Answering a question, Qazi Hussain Ahmed said the new body would have
an organizational structure and a general council would run it.
Those who will participate in Mondays session include: Maulana
Fazlur Rahman (JUI-F), Hafiz Muhammad Saeed (Jamaatud Dawa), Allama
Sajid Ali Naqvi (Millat-i-Jafria), Maulana Samiul Haq (JUI-S), Syed
Munawar Hasan (Jamaat-i-Islami), Awais Noorani and Sahibzada Abul
Khair (JUP), Alama Muhammad Amin Shaheedi (Wahdat-e-Muslimeen),
Sahibzada Fazal Karim (Sunni Council), Sahibzada Sultan Ahmad Ali
(Tanzimul Arifeen), Hafiz Akif Saeed (Tanzim-i-Islami), Qari Hanif
Jallundri (Wifaqul Madaris), Pir Haroon Gilani (Tehrik-i-Faizan Aulia),
Mufti Muneebur Rahman (Chairman Ruet-i-Hilal Committee), Maulana
Abdul Malik (Ittehadul Ulema), Allama Ibtesam Elahi Zaheer (Jamiat AhleHadith) and Professor Sajid Mir (Markazi Ahle Hadith).
Next day, a militant was killed and two sustained injuries in a joint
military operation by the Pakistan Army and police in Swabi targeting a
seminary which was run by a known religious scholar, Maulana Mujtaba.
The Maulana along with two other teachers and 11 students of the Madrassa
were taken into custody for investigation. The locals gave a different version
of the incident and said the forces opened fire on the seminary students who
tried to run away in fear after they saw the army in the area.
Hours before the start of NATO Summit in Chicago, Sherry Rehman
called for the US administration to execute Pakistan's five demands to
salvage the relationship between the two countries. She said significant
progress could be made towards resetting the bilateral relationship if the US
tenders apology for Salala attacks, reimburses CSF, enhances sharing of
intelligence, ceases the drone attacks and shifts to policy of trade not aid.
The US commander in Afghanistan told Reuters he would not be
disappointed if a long-sought agreement with Pakistan on supply routes
failed to materialize by the end of the Chicago Summit. Many Obama

623

Administration officials had hoped for an agreement with Islamabad in time


for the summit.
In Chicago, Zardari met Hillary Clinton, Hamid Karzai and Australian
Prime Minister on the3 sidelines of NATO Summit. In Pakistan, Munawar
Hassan accused PPP and PML-N always acting on US wink and he vowed
that JI would resist reopening of NATO supplies.

Afghanistan: On 7th May, three ISAF soldiers were killed in


incidents of violence in eastern Afghanistan; details on incidents were not
disclosed. President Karzai summoned the NATO commander and the US
ambassador and expressed concern about civilian deaths in recent
operations. he warned that if Afghan lives were not protected the Strategic
Partnership Agreement he signed with US President last week would lose its
meaning.
Next day, standing next to Indian Foreign Minister in New Delhi,
Hillary Clinton pressed Pakistan to do more to stamp out home-grown
terrorism. Corps Commander Peshawar, Khalid Rabbani said the US was
making Pakistan a scapegoat. Indian Defence Minister disclosed that his
country was raising another offensive corps and strengthening its defences
along border with China.
On 9th May, four policemen and five bodyguards were killed in two
ambushes carried out by Taliban in western province of Farah. Those killed
were assigned the duty of protecting an education chief. Two days later, an
Afghan soldier shot dead his NATO colleague in eastern Afghanistan. The
US coalition forces admitted civilian deaths in their attacks across
Afghanistan.
On 12th May, two NATO soldiers were killed by two men in Afghans
in police uniform in Helmand Province; one of the attackers was killed in
retaliatory fire. Four Afghan policemen were killed in roadside bombing in
Badghis Province. Afghan Taliban leader vowed to kill Quetta Shura in
retaliation of killing of Maulvi Muhammad Ismail in Talibans infighting last
moth.
Next day, a senior Afghan peace negotiator, Arsala Rahmani, and
close ally of Hamid Karzai was shot dead in Kabul. Taliban had threatened
to kill peace negotiators, but they denied their involvement. Pakistan, the
UN, the US and ISAF condemned the assassination.
On 14th May, nine people were killed, including a provincial councilor
in a bomb blast in a bazaar of Ghormach district of northwestern Farah
624

Province. No one has claimed the responsibility. On 16th May, the ISAF
confirmed in a statement that the nine insurgents were killed during an
operation in Jaji district in Paktiya province and their remains handed over
to local authorities. The exact date of the strike was not mentioned. It was
part of a larger operation launched by ANSF two days ago to destroy Taliban
hideouts in the district.
Afghan President Karzai and Merkel signed bilateral cooperation
agreement in Berlin. According to the provisions of agreement Germany
would provide 130 million euros to Afghanistan in cash annually after
international forces withdraw from Afghanistan. Afghan Ambassador in
Islamabad discussed bilateral relations with Hina Rabbani Khar.
On 17th May, four gunmen dressed in Afghan Police uniforms and
wearing suicide vests stormed a government compound, killing seven people
and wounding 12 others in the Farah Province. Next day, two NATO soldiers
were killed and six wounded in Kunar Province. Meanwhile, during the
annual budget debate the US lawmakers clashed over Afghanistan policy
and vented their frustration on Pakistan over stoppage of supplies through its
land routes. Democrats pressed for withdrawal of troops but Republicans
blocked a debate till Chicago Summit.
On 19th May, a suicide bomber struck at a lunch gathering of Afghan
police and local civilians in southeast Afghanistan killing at least 13 people,
three of them policemen. The attacker walked into a police check post in the
troubled district of Alisher in Khost province and detonated himself.
The new French president, Francois Hollande, the Socialist Party
leader who campaigned on a vow to withdraw all 3,300 French troops by the
end of this year, met with Obama at the White House. France and some
countries want to bring their combat operations to an end on a faster time
track. Their demand could pose difficulties at Chicago.
Next day, Afghan police, backed by army and NATO-led forces,
eliminated 18 Taliban militants and detained 23 other suspects during a
series of operations across the country within the past 24 hours. The joint
forces launched nine joint cleanup operations in Nuristan, Parwan, Baghlan,
Badakhshan, Kandahar, Helmand, Logar, Ghazni, and Khost provinces.
NATO Secretary General vowed that the alliance would not rush out
of Afghanistan despite France's decision to speed up its withdrawal. French
President Francois Hollande promised to stick to a campaign pledge to pull
his combat troops by the end of this year, a year earlier than his predecessor

625

Nicolas Sarkozy had decided. Rasmussen said, I feel confident that we will
maintain solidarity within our coalition.
General Allen said he believes the summit in Chicago will
demonstrate a long-term commitment to Afghanistan's military, allowing
NATO to avoid making the same mistake that the Soviet Union did after its
withdrawal more than two decades ago. The trajectory we are on right now,
I am confident, will prevent history from repeating itself.
Taliban urged all NATO countries that have their troops in
Afghanistan to follow Frances lead and pull their forces from the war. The
call came in a three-page statement released just as heads of NATO states
opened the summit in Chicago to talk about future of Afghanistan.

Iran: On 12th May, Ahmadinejad said Israel wont have to be


attacked to destroy it. Next day, Irans top nuclear negotiator Saeed Jalili
said Tehran will not yield to pressure ahead of talks with the IAEA in
Baghdad. The time for pressure strategy has come to an end Jalili told
former French socialist Prime Minister, who was visiting Iran.
On 14th May, Iran and IAEA began their two-day meeting at Vienna.
The IAEA is seeking clarification of suspicions that Tehran has done nuclear
weapons research. Next day, talks between IAEA and Iran in Vienna were
termed positive as it provided opportunity for good exchange of views.
Meanwhile, Tehran hanged Mossad agent for killing of Iranian scientist.
On 17th May, Tehran vowed never to renounce its right to acquire
nuclear technology. The West accused Iran of violating UN sanctions by
sending arms to Syrian government, while arming and funding of rebels
continued. US Ambassador to Israel said plans to strike Iran were ready.
Next day, Republican Ron Paul in opined that Iran doesnt threaten America,
while Grant Smith in a lengthy column traced history of US charitys
secretly funding Israeli nukes.
On 19th May, Irans foreign minister told his German counterpart that
Tehran sought serious intentions from both sides at talks with world
powers on its nuclear programme. The Iranian delegation is going to the
May 23 talks in Baghdad with goodwill and serious intentions, Ali Akbar
Salehi told Germanys Guido Westerwelle in a telephone call.

India: On 7th May, Prime Minister Gilani said designs of enemies of


peace, existing on both sides of the divide, must be frustrated, and called for
protecting peace initiatives, being taken by both countries for collective
prosperity of the people of the subcontinent. While addressing the inaugural
626

session of The 2nd Aman ki Asha Indo-Pak Economic Conference in Lahore,


the Prime Minister said: We face many challenges and threats from forces
inimical to peace. He termed improved ties with India a cherished goal of
his government.
Other participants also spoke on the occasion. Hina Khar urged India
to take bold peace steps. Maleeha Lodhi stressed free, but fair mutual trade.
Shahid Malik wanted political harmony for sustainable peace process.
Shabarwal hoped trade would enhance mutual trust and will lead to solution
of disputes.
On 9th May, Indian media reported that terrorists of Lashkar-eTaiba
have entered Mumbai to perpetrate terror. Photographs of three terrorists
were published which when aired by Pakistani channels led to belying of
Indian agencies propaganda. Two of the alleged terrorists are traders of
Gulberg market, Lahore and the third is a security guard.
Next day, Indian Supreme Court allowed Muhammad Khalil Chishti
to visit his country Pakistan on humanitarian grounds. However, the court
put certain conditions while allowing the 82-year old microbiologist, deposit
Rs5 lac, surrender passport and return to India on or before November 1.
The Zardari regime showed reluctance to take up case with India over
Gulberg Market traders despite the protests by the traders. Pakistan tested
nuclear capable medium range Hatf-III missile.
On 11th May, Nizami of Nawa-e-Waqt urged rulers not to raised proIndia slogans. Meanwhile, federal and provincial governments remained
silent over false alarm by Indian agencies and media involving five men of
Lahore who were dubbed as terrorists.
Next day, India agreed to $560 million deal to buy 145 howitzer guns
from BAE Systems of the United States as it has decided to upgrade its
military hardware. The howitzers, with a maximum range of 30 kilometers,
will be used as artillery of the mountain divisions in high altitude frontiers.
On 13th May, India and Pakistan at last decided to implement a more
than a year old agreement to establish hotline to fight terrorism; direct
communication line is expected to facilitate real-time information sharing
between home secretaries of the two countries.
Two days later, virologist Dr Mohammed Khalil Chishti landed in
Islamabad from India after spending 20 years in jail via special aircraft sent
by President Zardari. Federal ministers Rehman Malik and Babar Ghori
received Chishti. The Indian Supreme Court had permitted Chishti to visit
627

Pakistan during the pendency of his appeal against his conviction in a


murder case and life imprisonment.
On 17th May, Indian cabinet cleared TAPI gas pipeline deal.
Meanwhile, Majid Nizami said peace with India is impossible with so many
disputes remaining unsettled. On 19th May, Indian Minister for External
Affairs confirmed that he will visit Pakistan in the third week of July on a
three-day trip. The visit will see Krishna meeting his counterpart Hina
Rabbani Khar, during which the two sides will review all outstanding issues.
It is learnt that the Indian side will put issues related to terrorism on top of
the agenda. An agreement for a liberalized visa regime for certified
businessmen is likely to be signed.

VIEWS
Pakistan
How Obama earns his Nobel: In a 7,000-word speech at the
Woodrow Wilson International Centre in Washington this week, Obamas
top adviser put up a passionate defence of Americas drone war, arguing that
the constitution empowers the president to protect the nation from any
imminent threat or attack.
With a straight face, Brennan told his audience that the drones, now
operating from Pakistans tribal areas to Yemen to Somalia, do not touch
civilians and only kill the terrorists: Its hard to imagine a tool that can
better minimize the risk to civilians than remotely piloted aircraft. Nothing
casual about the extraordinary care we take in making the decision to pursue
al-Qaeda terrorists, and the lengths to which we go to ensure precision and
avoid the loss of innocent life.
Really? Is this how you saved those four young girls who died in the
drone strike this week on a Waziristan school? While the US claims it took
out four al-Qaeda-linked fighters, the locals insist the victims were actually
four school girls.
Precision or not, theres a long history of drone strikes that have
invariably targeted innocents, resulting in the loss of hundreds, perhaps
thousands, of lives. From schools to weddings to funerals, nothing is beyond
the pale of cowboy justice.
The London-based Bureau of Investigative Journalism (BIJ) reported
in February that at least 260 drone strikes had taken place since Obama took
628

over, killing 535 civilians, including 60 children, in Pakistan. Many more


have been claimed by the aptly named Hellfire missiles since. The BIJ report
noted that the killing machines in the sky do not spare even those rushing to
help the victims or survivors. Even mourners are routinely targeted a
pattern that has been diligently followed in Afghanistan.
The day Obamas counterterrorism czar went public defending the
indefensible, Salon, a respected US-based publication, did an interesting
feature on Shahzad Akbar, a UK-educated Pakistani lawyer who has been
valiantly fighting for justice for drone victims. Introducing the crusader,
Salon wrote: If you want to see how Obamas drone war efficiently turns
Americas friends into adversaries, meet Pakistani attorney Shahzad Akbar.
An ardent admirer of the American dream, Akbar returned to Pakistan
with ambitions to make it big as a corporate and public advocacy litigator in
the fashion of US lawyers. He even worked with the US Agency for
International Development, briefly. This adulation of all things American
soon gave way to frustration and anger when he witnessed the devastating
effects of the endless, all-out war on his people.
Speaking at a Code Pink event in Washington on Saturday, Akbar
explained why he gave up a promising legal career to join the hopeless cause
after a chat with the brother of a schoolteacher killed in a 2009 drone strike:
He convinced me we had to do something because there are so many
civilians being targeted and being thrown into militancy and extremism
because the rest of the country and world are not listening to them, Akbar
told the conference.
By 2010, he was representing scores of families who had lost loved
ones in the strikes, besides organizing protests against the drone war across
Pakistan. Akbar says his clients are the voiceless people of Waziristan: No
one cares to give them names or identities just the general label of
militants and that is enough to kill them and then justify that killing.
Akbar rejects the Obama administrations claims that the US attacks
do not target civilians Does President Obama ever pause and ponder the
consequences of his policies? As he faces his reelection battle later this year,
does he realize he has ended up embracing the very war and policies of his
predecessor that he once despised? Having repeatedly promised a better
world and a new way forward, how does he live with himself today?
Indeed, it was on the basis of those lofty promises, not to mention his
soaring rhetoric that he was chosen for the Nobel Peace Prize within months
of taking office.
629

Following the Nobel announcement that surprised many, including the


recipient of the worlds most coveted honour himself, distinguished US
economist Dr Jeffrey Sachs, known for his lifelong fight on poverty, had
said, the Nobel has started a fire under Obamas feet. Hed better earn it
now! Quoting Dr Sachs it was a real pleasure meeting him during the
2009 Copenhagen climate summit yours truly had cheered: Thats it, Mr
President! Go earn it now. And your countdown has already begun.
And true enough, Obama has worked hard over the past four years to
earn it droning on and obliterating anyone who looks like a terrorist, which
is almost everybody sporting a turban or a cap along the frontier territory.
This is summary justice at its best, without going through inanities like
courts and trials and without so much as a blip on those huge computer
screens of the DC boys. The Israelization of America is a frightening reality
now. (Aijaz Zaka Syed, The News 8th May)
Now the Zawahiri accusation:
There are many reasons why
the USA has chosen to make this accusation, not least to counter the wave of
demands for the withdrawal of troops from Afghanistan after President
Barack Obamas triumphalist crowings about having finished off al-Qaeda.
It was meant also to enthuse India, to whom anything portraying Pakistan in
a bad light is music to the ears. Secretary Clinton did say that it was also in
Pakistans interest to pursue terrorists, but she did not explain how it serves
Pakistans interests to have its citizens killed in drone attacks. However, she
did say that the USA would continue to work for the arrest of Lashkar-eTaiba founder Hafiz Saeed, who is wanted over the 2008 Mumbai attacks,
and the American reward for whom was announced only last month, in
India. Though the only permanent solution lies in Pakistan abandoning the
US alliance, and making sure that Pakistani citizens are not killed
indiscriminately and anonymously from the sky by drone attacks, this
particular accusation must not be lost sight of, and Secretary Clinton be held
to it, and forced either to provide evidence, or admit that there is none. There
has already been too much supine acceptance of US accusations against
Pakistan. Pakistan should realize that this accusation is of a piece with those
which have gone before, and reflects the American desire to keep India
happy, which would explain both why the charge was made and where.
(Editorial, TheNation 9th May)
Americas hubris; Pakistans appeasement: According to a press
report, Pakistan and the United States are working quietly on an acceptable
text for a US apology for the Nato air strike on 26th November that resulted
in the martyrdom of 25 soldiers of the Pakistan Army at the Salala check
630

post. About 20 soldiers were seriously injured in the gory incident which
came from the so-called allied forces. The draft is being worked out and
discussed between the top diplomats of the two countries as Pakistans
Ambassador to the United States Sherry Rehman has been tasked to
choreograph a mutually acceptable text for the purpose; of course which
could provide face saving both for Pakistan and the US. Such a breakthrough
will help restoration of supplies to NATO forces in Afghanistan. Reportedly,
the senior diplomats stationed in Islamabad are in constant contact with the
ambassador who has been staying in Islamabad for more than ten days and
has come here for the third time since her posting to Washington in
December.
Pakistans economy is in dire straits The bitter truth is that the
country's political leadership across the spectrum is congenitally unfit and
incapable to taking quick and right decisions. The very shrill, that this
leadership raised over the reformulation of the country's foreign policy by
the parliament speaks volumes of its immaturity and superficiality. Nowhere
in the world is foreign policy formulated by the legislature, although it may
decide the issues of war and peace or settle a foreign policy matter referred
to it by the executive branch. All over the world, it is the prerogative of the
executive to formulate foreign policy; of course military and intelligence
agencies give briefings and advice on the threat perceptions to the security
of the country. Indeed foreign policy is changeable keeping in view the
changing political landscape of the world. However, the immutable are only
the nation's sovereignty, its security and its territorial integrity, which are
non-negotiable in any case and cannot be compromised in any conditions.
(Mohammad Jamil, TheNation 9th May)
IEDs targeting Pakistan: To rub salt in the wound, a US military
body, the Joint IED Defeat Organization (JIEDDO), the Pentagons lead
agency for combating makeshift bombs, concluded that the leaky border
with Pakistan remains a problem. JIEDDO says that Pakistan contributes 80
percent of the fertilizer-based homemade bombs in Afghanistan that cause
90 percent of US casualties. Its observation regarding the porous border is a
harsh reality but unfortunately, Pakistans earlier recommendation of fencing
the Durand Line and installing biometric identification systems at the
crossing points was vehemently opposed by the Afghans and ignored by the
US.
The facts are contrary to the perceptions and must be taken into
cognizance. The IEDs attacks alone in Pakistan has taken lives of 2707
soldiers whereas 1188 NATO soldiers became prey of IEDs in Afghanistan
631

from 2006 to 2012. Pakistan has undertaken major efforts to stop the free
flow of Urea to Afghanistan including cutting dealership in northern region
and changing the color of fertilizer to track it but still IEDs continue to be
used against security forces engaged in FATA and Balochistan area and
Afghanistan.
According to a Telegraph report of 2009, US Marines captured a
vast cache of IEDs made from agricultural ammonium nitrate fertilizer in 25
kilogram bags indistinguishable from the thousands of tons of fertilizer
supplied to Afghanistan under Western aid programs. In December 2011, a
US delegation visited a fertilizer industry in Multan to seek the cooperation
to stop the flow of fertilizer. It was explained to them by the owners that
targeting Pakistan as the sole supplier of the ammonium nitrate was unfair
since huge quantities of this fertilizer are imported to Afghanistan from the
US, Australia, China, Pakistan, with smaller quantities from Tajikistan, Iran,
Uzbekistan and Saudi Arabia. Pakistan is also being pressurized to formalize
legislation on the subject; this will take time. A civilized country like the US
took 15 years after Oklahoma bombing, for completing the legislation
process. Meanwhile, water starved Pakistan which needs fertilizers, is being
targeted by IEDs as well as international bodies. (S M Hali, TheNation 9th
May)
Now Congress tries:
It may be seen as an attempt by US
Congress to intervene in a matter in which the Executive Branch has not had
any success, or it may be seen as that same Executive Branch pulling out all
the stops, but the issue is the same: the USA wants the resumption of the
land route to supply Nato forces in Afghanistan. This is the reason the House
Armed Services Committee has approved a Defence Authorization Bill that
lays the condition of this restoration on Pakistan receiving all aid money,
even the release of money already approved. Chiming in, Pakistani Finance
Minister Hafeez Sheikh has said that the next budget could not be prepared
if the American demand was not accepted
This latest display of American arrogance should convince those who
want the NATO supply restored that the matter is of much significance to the
USA. This should lead to the stiffening of the resolve not to restore the
route, and indeed to the pulling out of Pakistan entirely from the USAs war
on terror. It should not be forgotten that the budget which would be prepared
with American money would mean accepting the harsh conditionalities of
the Washington consensus financial institutions, and which are designed to
make the country implementing them obedient to American wishes.

632

Pakistan should defy this illicit pressure, and should not sacrifice its
national interests merely so that an American President up for re-election
might cut a dash at the Chicago Summit. (Editorial, TheNation 12th May)
A welcome threat:
The NATO Secretary-General, Anders Fogh
Rasmussen, has threatened Pakistan with missing out on important talks on
the future of Afghanistan that are due to take place at the Chicago Summit
on May 20-21 The summit is supposed to map out a future for
Afghanistan after most of the foreign combat troops are withdrawn at the
end of 2014. Islamabads participation at any high-level, serious gettogether organized to debate and chalk out future for its long beleaguered
neighbour would, indeed, be absolutely necessary; for its interests are
intrinsically linked with Afghanistans. The commonness of ethnic
composition, the free movement across the border and familial ties are some
of the bonds that geography has knit between them.
However, before rushing to conclude that Pakistan must, therefore,
restore the transit facility to avert the consequences of Mr Rasmussens
ultimatum, we should examine the prospects of the summiteers decisions to
hold in the post-2014 scenario. The conference is being held under the
American umbrella, with the participation of NATO countries, their allies on
the ground in Afghanistan and some neighbouring states. From Afghanistan
itself attends the US protg regime whose representative character could be
judged from the fact, acknowledged by American analysts, that its authority
does not extend beyond the capital Kabul. The Strategic Partnership
Agreement (SPA) this unpopular and weak entity has signed with the US is
one of the main items on the summits agenda, that the American influence
would make sure is carried. The SPA stipulates the continued stationing of
non-combat US troops in Afghanistan beyond 2014 that could be called out
for help in case the local security forces failed to put down an insurgent
move by local elements. As this would be anathema to the Afghans who
would fight to the last to get rid of any foreign force on their land, the peace
that the summit would deceive themselves with would not come about; there
is no point in being party to that concourse or, for that matter, succumbing to
Mr Rasmussens threat, while the US is not ready to apologize for the Salala
tragedy and stop the drone onslaught.
When Pakistan demands an Afghan-led, Afghan-owned settlement of
the country, it is arguing for an agreement of representative Afghans with the
foreign occupying forces; not a deal concluded over and above their heads,
signed by hand-picked foreign puppets. It is only that settlement which holds
the prospects of ensuring peace in the country that would serve Pakistans
633

interests. The SPA deal is a recipe for unremitting instability, neither helping
the cause of the US, nor Afghans, nor Pakistan, nor of the region. Pakistan
would do well to stay away from the summit, and take this opportunity to
get out of the war on terror. (Editorial, TheNation 13th May)
Resisting US belligerence: The Zardari-led government and the
liberal intelligentsia, both patronized by the empire, are happy to parrot a
devious narrative that projects the US as protecting us from the barbaric
militants waiting in the wings to terrorize us with their medieval and
misguided version of Islam. They scare us with the inevitability of a Taliban
takeover the moment their saviour, the US, decides to leave Afghanistan.
The only way they know of fighting militant extremism is to hide behind the
back of a meddlesome and unscrupulous superpower and to do its bidding.
Anyone suggesting a different course is labeled as a Taliban sympathizer. In
awe of the military might of the US, they believe that our salvation lies in
staying on the right side of the super-duper power. And of course, they are
convinced that our survival depends on crumbs of financial assistance
thrown our way for doing the needful.
This simplistic discourse ignores the fact that those fighting the
foreign occupation forces in Afghanistan are not all card-holding members
of Taliban. Besides, the criticism of the US role in the world is not restricted
to the perspective of the Islamists or of those being occupied and killed.
Sane and conscientious voices from around the world have been putting
together, bit by bit, the pieces of a scary puzzle that is now as good as
complete, exposing to us all the machinations of a modern-day empire bent
upon exercising total domination. Many Americans and Western writers
have contributed to this understanding, and they are making sense to more
and more people in their home countries. They are critical of an economy
sustained by wars, fought with the taxpayers' money to promote the interests
of big corporations. They have laid bare the devious working of the
international financial establishment designed to enrich a small minority to
the detriment of 99 percent of citizens. These critics of the empire are not
Islamist militants out to destroy their own civilization.
The choice before us is actually quite simple. We could either become
a tool in the hands of a predatory empire out to capture the entire bounty that
our planet offers for the benefit of a few, killing and terrorizing those who
resist it abroad and at home, or we could end our cooperation in this barbaric
project. We could allow ourselves to be bullied and arm-twisted by a greedy
superpower into following its violent diktat, or find the courage to resist it.
We could either help perpetuate an unholy war or we could help end it by
634

saying no to the US. If we really think about it, there is actually no choice!
(Jalees Hazir, TheNation 13th May)
Continuing stalemate:
The Kayani-Allen meeting held at
Islamabad on Saturday reportedly failed to break the stalemate As a
consequence of this development, the reset of Pak-US relations necessitated
by a series of disturbing events continues to stand stalled. And the strain in
relations between the two countries, following the particularly bad patch
since the daylight murder of two Pakistanis by CIA contractor Raymond
Davis over a year and four months ago, has persisted, giving rise to deep
misunderstandings. The problem is that rather than trying to improve matters
after this incident had been put out of the way, the US introduced other
irritants in the equation, which are much graver than the Raymonds affair.
For instance, Pakistan was kept completely in the dark about the US
intention to launch the May 2 raid of last year at Abbottabad. In the process,
its sovereignty was blatantly violated and of what the divergences of opinion
in the conduct of war on terror had left of the trust between the two
governments and their intelligence agencies was further eroded. As if this
was not enough to create bad blood, NATO helicopters struck at Salala
check post.
The accumulated anger of the public across the length and breadth of
Pakistan turned into a veritable outrage, driving an embarrassed government
into a corner. It had little choice but to make the drastic move of cutting off
the supply route for NATO goods. Perhaps, an immediate positive response
from Washington to Islamabads demand for an apology would have settled
the matter then. But the US arrogantly refused to do anything of the sort and
when Parliament adopted the recommendations of its body on national
security, it simply stuck to its guns. Later, Congressmen jumped in moving a
strikingly hostile resolution on Balochistan and began introducing bills
laying humiliating conditions unless the supply line was restored. And now
comes the bait of Chicago summit and the implicit threat that Pakistan
would be left out of the decision making process about Afghanistans future
if it did not participate and that would be possible only if it meets the
required condition.
As we have stated time and again in these columns, we must not
waver in our stand of refusing to reopen the supply line, whatever the
temptation and get out of the war on terror as soon as possible. (Editorial,
TheNation 14th May)

635

Terror card and Pak-US trust deficit: Saeed has been repeatedly
nominated by India as the mastermind behind all major incidents of terror
without providing relevant evidence and the US seems to be in cahoots. He
was there in the Indian Parliament attack case only to be exonerated through
absence of any reference to him in the final Indian Supreme Court verdict in
2004. He was placed under house arrest after the 2006 Mumbai bombings of
commuter trains, which caused a carnage even larger in scale than the terror
incident in 2008 only to be released months later when it was established
that the Indian Mujahedeen, rather than the LeT was involved. He was again
arrested following the Mumbai massacre in 2008 and was released seven
months later after the Lahore High Court freed him for lack of any evidence.
Now the State Department has finally provided the vindication for
Pakistan, and Saeed by issuing a clarification that the reward money - at par
with Mullah Omar was not for locating him, but providing actionable
evidence that can withstand legal scrutiny. This has bared the hollowness of
the Indo-US claims. Both the US and India want to frame him and through
brazen blackmail on his account harness Pakistans unquestioned support to
Washingtons orchestrated scenario in South Asia in years to come. No one
in Pakistan has sympathy for anyone dipping his hands in innocent blood on
whatever account or ideology, yet no man should go to the gallows for
uncommitted crimes either! (Momin Iftikhar, TheNation 14th May)
Resuming NATO supplies:
While the military commanders of
Pakistan, US-NATO and Afghanistan, who discussed the resumption of
NATO supplies at Islamabad on Sunday, came out of their meeting upbeat
about having made significant progress on the issue, Foreign Minister Hina
Rabbani Khar left little doubt that the decision in favour of reopening the
route had been taken After all, Pakistan would not like to incur the
opposition of 48 countries which are operating in Afghanistan under the
NATO umbrella. The Foreign Minister added that otherwise Pakistan would
have to face problems, and that the issue had also come up at the GilaniCameroon meeting during the Prime Ministers recent visit to England and
the British Foreign Minister would be visiting Islamabad next month.
On the face of it, Ms Khar has made a plausible case for the reopening
of the supply channel. Viewed in the light of pragmatic politics, it is hard to
argue for remaining at cross-purposes with the superpower and a host of
other powerful countries for long. And in an issue that is as sensitive as the
well being of their soldiers in a hostile climate, Pakistan would have to
carefully evaluate the consequences of its attitude that is bound not to go
down well with them. Apart from that, we have been cooperating
636

wholeheartedly, albeit going against the wishes of the majority of the


population, in the war on terror and now that they want to withdraw their
troops, the denial of transit facility would look odd.
However, that is just one side of the story. Pakistans case is not weak
either. Not only has its sovereignty been violated repeatedly, but its soldiers
have also lost their lives in an unprovoked attack by the NATO helicopters.
It is simply churlish on the part of the strong to insist on continuing with
drone attacks, a source of constant humiliation and affront to a sovereign
state, and refuse to tender an apology for causing the deaths of these
soldiers. The temptation of invitation to the Chicago summit and the release
of $1.18 billion due to Pakistan should not be enough for us to give up our
legitimate stance. Our interlocutors should apprise the US of the backlash of
lifting the restriction on the transit of NATO goods, both in terms of
resistance of the move and the anger the Pakistan government has to face
from a large body of committed people for compromising national honour
and interests. And on that score, they should tell the US that accepting our
demands would help to some extent defuse the situation and at least cool the
tempers that flare up every time there is a drone hit. But the government and from yesterday's picture of General Kayani with his American and
Afghan partners, one can safely assume, the military as well - is bent upon
reopening the supply route despite the US refusal to accept our demands,
they will invite public ridicule and further disillusion upon themselves and
their effectiveness. (Editorial, TheNation 15th May)
Pragmatism vs honour:
Ideally, a pragmatic foreign policy
should not compromise a nations honour. It is the job of the practitioners of
diplomacy to reconcile the compulsions of a pragmatic foreign policy with
the demands of national honour. But this is possible only in a country which
practices the policy of self-reliance and whose leaders and elite are prepared
to make necessary sacrifices for the sake of the national honour. Sadly, none
of these conditions obtain in Pakistan. How can we talk about national
honour when we have made dependence on foreign economic and military
aid our way of life as a nation? We also have the misfortune of having
corrupt and incompetent political leaders at the helm of affairs. They have
no sense of shame in living like kings at the expense of this impoverished
nation and approaching, at the same time, other world leaders with a begging
bowl in their hands to run the affairs of the state. The same in varying
degrees is true about our civil and military elite.
Our national malady of living beyond our resources has robbed us of
the ability to pursue an independent foreign policy in the best interest of the
637

country. The moral, therefore, is that if we really want to have a sound


foreign policy which can promote our short-term and long-term national
interests, we would have to learn to live within our resources. This would
require the willingness of our leadership and elite to adopt a simple lifestyle.
Only then, we would be able to reconcile the dictates of a pragmatic foreign
policy and the demands of national honour. Meanwhile, we must adopt a
low-risk and low-profile approach to foreign policy keeping in view our
political, security and economic vulnerabilities as well as the regional and
international security environment.
In the context of our relations with the US and our Afghanistan policy,
we must set our goals and objectives on the basis of a careful assessment of
the regional and international security environment. We are in no position to
take on the rest of the world, as we tried to do through our unwise proTaliban policy of 1990s whose disastrous consequences will continue to
haunt us for years to come. This would entail the reopening up of the
US/ISAF ground supply routes through Pakistan on the payment of
appropriate transit charges reflecting the wear and tear of our physical
infrastructure. For this purpose, the diplomats of Pakistan and the US should
work out a statement for putting the Salala incident behind us. The statement
must include the US regrets with emphasis on the prevention of such
incidents in the future.
As for drone attacks, since we cannot stop them unilaterally, we
should insist that they should be launched only on jointly approved targets.
We should wholeheartedly cooperate with the US and NATO in fighting
terrorism with two caveats: we should not be asked to do something, which
destabilizes our country and our cooperation should be within the framework
of a policy of national reconciliation and the establishment of a broad-based
government in Afghanistan reflective of its multi-ethnic character. Of course,
it is in our own interest to participate in the forthcoming Chicago conference
and other similar forums concerning Afghanistan. Our long-term policy
should aim at gradually weaning ourselves away from over-dependence on
the US by diversifying our external relations and adopting a policy of selfreliance if we want to live as an honourable nation. (Javid Husain,
TheNation 15th May)
Time to move on: Though Mr Zardari is reported to have left it to
the Defence Committee of the Cabinet to take the final decision on the
reopening of the route for Nato goods, in the light of Parliaments
recommendations, the sense of the meeting at President House was that
virtually all were in favour of letting the supplies transit through. Ms Khars
638

remark, It was important to make a point, Pakistan has made a point and we
now need to move on and go into a positive zone and to try to conduct our
relations, succinctly reveals the fact that the decision, in principle, has been
taken, as there are also indications that the US and its Nato allies have
agreed to make some face-saving moves in response to Pakistans demands.
These moves like assurance against any recurrence of Salala-type incidents,
Washington believes and, perhaps, Islamabad hopes would help in making a
sizeable dent in the now strong opposition to resumption. It is, in all
likelihood, a wrong assessment of the mood of the people. Unless, the US
comes out with a commitment to stop the drone onslaught in the future and
tenders an apology for Salala, the anger and resentment that one witnesses in
Pakistan would not go away.
No doubt, it is important to mend fractured relations with the
superpower and 40 NATO countries, but the government should be able to
convince them that they cannot pressurize Pakistan into accepting their
demands without addressing its legitimate concerns. The US must not
disregard the sensitivities of our people. As for us, if we had to make a point
and come down to business as usual, with only an assurance against
recurrence of Salala-type attacks, there was no point in dragging the issue
for so long. (Editorial, TheNation 16th May)
US callousness: When the commanders of Pakistan, US and
Afghanistan met in Rawalpindi the other day, it was expected that the
deadlock may end, as new rules of engagement will be formed. That will
determine the future relationship of these countries. However, while the
Americans admit that the key to defeat the Taliban in Afghanistan lies with
the Pakistani forces, they continue to create conditions that make it more
difficult for us to cooperate with the NATO forces in the war-torn country.
Another tricky issue that needs to be resolved remains Pakistans role
in Afghanistan after the Americans leave it at the mercy of a weak
government and some warlords, who control most of the country even today.
While the Washington wants to assign an important role to India after it exits
from Afghanistan a proposition that is against Pakistans national interest
and, therefore, stands little chance of success Islamabad would be better if
it presses for Chinas role in the post-US Afghanistan.
Also, it will be better for the Americans to lift the sanctions that have
been imposed by them on civil programmes and sale of military equipment
to Pakistan, which is the only hope to guarantee peace in Afghanistan.
The US administration also realizes that Pakistan controls an extremely
639

important route for trade and commerce, which would help it establish its
role for peace and stability in Southeast Asia. All attempts by the US to
cowdown this country were bound to fail because at the end of the day,
Pakistans economy is bound to thrive, keeping in view the rich potential of
natural resources that are available in the country.
One hopes that the US and its allies will listen to saner voices and not
push Pakistan to the wall, since any reaction by a nuclear-powered state is
bound to have serious consequences for the region and the world. However,
before the time runs out it would be advisable for the US and Pakistan
governments to find a middle way to save their relationship from reaching a
breaking point.
To achieve this goal, most of the burden would lie with the
Americans, who have botched their relationship with Pakistan due to their
arrogance. Otherwise, things could have been settled long ago without
reaching the critical point where the Pak-US relationship is presently placed.
It would, therefore, be in the fitness of thing if the two countries come out
with a fair agreement that is acceptable to the Pakistanis and the Americans;
a position from where a productive relationship can be cultivated. (Azam
Khalil, TheNation 17th May)
NATO supplies: The DCC meeting in particular put paid to the
impression that the military in any way had reservations that the civilian
government did not share. The DCC meeting was attended by all the three
service chiefs and the joint chiefs chairman, and there is no sign that they
offered any alternate view, when the restoration was agreed on. The Cabinet
preferred to concentrate on the invitation to the President for the Chicago
NATO Summit. However, this was also agreed to by the DCC, thereby
removing any doubt about where the military stood on the issue. The whole
affair is likely to leave the people of Pakistan feeling that there is a
disconnect between their wishes and what is actually happening. Also, there
is a feeling that if the decision was to be a restoration, what was the point of
such a prolonged suspension?
As Pakistan has already learnt to its detriment, the USA is an ally that
things destruction and suspicion in its wake. Instead of withdrawing from
the War on Terror, America is to be let off the hook, even after killing the
soldiers of a supposed ally. It is rather late, but Pakistan still has the option
of refuting rumours about the restoration until there is an apology for Salala,
and there is an end the drone attacks. By putting forward the parliamentary
resolutions on the subject, Pakistan would have been able to put off the
640

resolution, instead Pakistans parliamentary resolutions have become a


standing joke and Pakistan once again cast in the role of the boy who cried:
Wolf! (Editorial, TheNation 18th May)
Reopening the supply routes: The USA as well as its agents of
influence should think about why the people of Pakistan are resisting the
restoration of NATO supplies. Though a visceral issue, it is not so much
about the USAs engagement in the war on terror in cahoots with India and
Israel, both of which occupy Muslim lands. The anti-Americanism of the
Pakistani people is not based on hatred for American freedoms, as President
George Bush said about the 9/11 suicide bombers, but on American
interference in their home. This is best symbolized by the drone attacks,
which the parliamentary joint sitting wanted ended, but which the DCC
AND Cabinet meetings did not mention, even though they threw a nod
towards the resolution Parliament Passed.
Another aspect that deserves thought is how far the other NATO
countries are willing to go in the USAs interest. The government itself is
creating the impression that not opening the routes would offend its
members. However, just so that President Zardari has a comfortable summit
is no reason to ignore the national interest. And that has been the failing of
the government, that it has been unable to convince the nation that it in its
interest to reopen the NATO supplies. That reflects either the inefficiency of
the USAs friends, or simply the fact that the American and Pakistani
interests clash in this matter.
The USA may be more powerful, but it is still an earthly power, and
its abilities are not merely finite, but also limited. it must not be allowed to
force Pakistan to act against its interests, particularly when continued
engagement will not only mean a recurrence of Salala-type incidents, but
also a continuation of the drone attacks, fatal for Pakistani citizens caught in
them, humiliating for the entire Pakistani nation, not least because its own
President has said he does not care about the collateral damage they cause.
(M A Niazi, TheNation 18th May)
Going to Chicago: The decision by Pakistan to reopen the NATO
supply routes may have led to the invitation to P[resident Asif Ali Zardari to
attend the NATO Summit in Chicago later this month, but it has not led to a
bilateral meeting with US President Barack Obama on the summit
sidelines... Pakistans presence at the Chicago Summit would obviously have
been impossible if the ban on NATO supplies had continued. Pakistans
presence at the Summit, which is fast taking on all the characteristics of a
641

campaign rally for President Obama, in whose hometown it is taking place,


is deemed necessary by the White House although all it means is that
President Zardari will make another speech, and informally interact with the
US President and other heads of state. There may be some meetings by
junior Pakistani officials with other officials but it does not seem that the
Summit was enough of a price to take a decision which displeased the entire
nation. It was also signaled to the US that the government put it ahead of
national honour and sovereignty, and was willing to accept further violations
along with the arrogant refusal to apologize for the massacre which led to
the ban in the final place.
While the Pakistani delegation is in Chicago, the arrogance of the US,
already on display, will work to show that they are not to be trusted as allies.
The President should work on the popular policy of ending Pakistani
involvement in the war and building a relationship with the US outside of it.
(Editorial, TheNation 19th May)
Three stooges of the empire: Four containers crossed the Torkham
border on their way to Kabul last week. Though it was reported that the
containers carried office equipment and stationery for the US Embassy there,
the recent movement was seen as the first step towards a resumption of the
NATO supplies through Pakistan that were blocked after the Salala incident
six months ago. The government has obviously made up its mind to end the
blockade and is currently engaged in finalizing the new agreement under
which the NATO supplies are to be transported through the country.
President Asif Zardari is expected to announce this at the NATO Summit in
Chicago. On the other hand, the US has made it clear that it will not
apologize for the Salala incident and it has refused to discontinue drone
attacks. So what was all the fuss about? Will everything be fine now that the
government hopes to get a $1,500 fee for each NATO container passing
through? What about the recommendations of the Parliamentary Committee
on National Security that the government vowed to abide by?
Given the track record of the government, this latest somersault was
not surprising. Earlier on, it had ignored resolutions of the joint sitting of
Parliament and the All Parties Conference that made similar demands to
check US belligerence towards Pakistan and an end to its illegal activities in
the country. This time, it made a lot of noise about the Parliamentary
Committee on National Security that deliberated for months to come up with
its recommendations for redefining the Pak-US relations Zardari and his
PPP serfs will now create a devious spin to justify the soup of words eaten.

642

Important ministers had been making a case for reopening the NATO
supplies In fact, given the expertise of PPP wallahs to twist facts and
shamelessly declare night as day, it should come as no surprise if they
declare that they have followed the recommendations of the Parliamentary
Committee. After all, it did recommend reopening the NATO supplies under
a new written arrangement. The question is: what about everything else that
it recommended?
The problem with the drafting of the recommendations was obvious
from the beginning. The list comprised independent fragments without any
bearing on each other. So while it was recommended, for instance, that an
apology be sought for the Salala incident, this was not made a precondition
for the reopening of supplies. Similarly, an end to drone attacks was just a
demand hanging in the air In fact, like colonial collaborators of earlier
times, they are quite happy to be stooges of the empire, eager to do as they
are told and to prove to the imperial masters how well they could serve
them. Despite the noise he makes about the conduct of NATO forces in
Afghanistan, President Hamid Karzai is no different.
Empires depend on stooges to control the colonies. In the
contemporary context, however, the nature of the empire has changed and
the stooges of the global empire could be found in the most unexpected
places. Take Barack Obama, for instance; President of the United States and
recipient of the Nobel Peace Prize. Swept to the White House on the
Change-We-Can slogan, he has ensured a continuation of a stagnant
violence-backed status quo They seek to control the world and its bounty,
by blackmailing countries into selling their resources for peanuts and waging
wars against those that are not blackmailed.
And it is not only the poor countries that they rob with the help of
their stooges. More and more people in the so-called civilized and
democratic West are waking up to the fact that their governments are not
interested in serving them and that their leaders are stooges of this greedy
nexus, offering trillion-dollar bailouts to the big banks and waging trilliondollar wars for the big corporations, while preaching austerity when it comes
to spending for the welfare of the public. Wars suit the new global empire.
They are good business in their own right to begin with. They are also an
enabling tool to appropriate the resources of countries that are bombed,
invaded, occupied and tamed. Besides, they establish the military might at
the disposal of the empire, keeping alive the threat of violence and
destruction for those who dare think of resisting its plan for the world.

643

Stooges of the empire, posing as world leaders, will meet in Chicago for the
NATO Summit to chalk out ways to tighten their control over the world.
President Zardari's participation in the summit and the expected
announcement regarding the resumption of NATO supplies through Pakistan
is an act of faith in the empire and its violent ways. Together with President
Karzai, he is expected to meet President Obama. Had they been leaders of
the nations they claim to represent, this meeting could have found a way to
end the decade long war that has created disasters not only for the people of
Afghanistan and Pakistan, but also for Americans. But having sold their soul
to the war-waging empire, the three stooges would do exactly the opposite
and pave the way for more war. Is there no hope for peace in the world then?
Not unless the stooges of the empire are replaced by leaders that understand
their responsibility to those they lead. (Jalees Hazir, TheNation 20th May)
Pak-US relations - the Salala hangover! A good strategist is one
who is never caught without options. He continually monitors the
implementation of his strategy, makes adjustments and course corrections if
needed while always maintaining strategic direction and keeping the desired
ends in sight. The national interests, however, always remain supreme! Did
our strategists manage to do so post-Salala?
Pakistans response to Salala was essentially the correct one. Instead
of going headlong into a confrontation with the US and other NATO/ISAF
countries, it chose to follow the strategy of indirect approach. Its reactions
were generally asymmetric in nature. It decided to apply subtle pressures on
all such US/NATO/ISAF vulnerabilities, which would yield
disproportionately large and strong strategic dividends without going to war.
Thus, the Pakistani reaction of closing the NATO supply routes, taking back
control of the Shamsi Airbase, boycotting the Bonn Conference and
stopping/limiting operational, intelligence, administrative, logistic and
technical cooperation with the US/NATO/ISAF amongst a host of other
measures was justified and correct. The strategy should have worked. It
almost did. Almost!
So, there were some errors Strategic Direction: As said earlier,
Pakistan should have kept its policy/strategy under constant review and
made prompt course corrections whenever required. The overall strategic
environment in the Afghan theater of war and the Pak-US relations
underwent a massive change in the past six months or so. We should have
made compatible adjustments to our strategy to maintain strategic direction
and keep our desired end state in sight. But we were static and pedantic in
644

our thinking and approach. And as a result, the events overtook us. Now, we
are moving at tangents to our so-called allies if not on parallel axis.
The Timing: The Salala occurred in November 2011 and by February
2012 the strategic and diplomatic environment had been so deftly managed
by Pakistan that the US was ready to apologize at the appropriate level. We
should have grabbed the opportunity with both hands. That would have met
Pakistans major condition and would have smoothly brought the Pak-US
relationship back to an even keel within the relevant timeframe. The GWOT
could have carried on as usual. However, our political government erred by
asking for a deferment of the apology to garner political mileage out of the
evolving situation.
The Leverage: The closure of the NATO supply routes and the
stopping of all operational, intelligence, logistic, administrative and
technical cooperation with the US actually hurt them the most. The
US/Nato/Isaf had about three to six months reserves and stocks in
Afghanistan at the start of this issue. They successfully opened up the
Northern Distribution Network (NDN) to relieve pressure on their supplies.
However, the NDN was a far more expensive enterprise both in cost and
time. The US could bear the cost, but could not overcome the time factor.
Thus, Pakistan had by default moved into a great position to exercise its
leverage over the US. And at just about the most critical time, Pakistan let go
and missed the opportunity. Pakistan was ill-served by its strategists.
The Political Dimension: The PPP government miscalculated grossly
when it decided to exploit the strategic environment for domestic political
advantage. Unable to take a firm decision on the issue, they palmed it off to
a Parliamentary Committee on National Security (PCNS) to gain time and
space to find a way out of the imbroglio. And when the stage was set for the
US to apologize and all details had been worked out, they deferred it to a
later time to garner political mileage out of it. The shenanigans of the
Haqqani Network in Kabul in mid-April 2012 put paid to all these domestic
political manoeuvrings and desires. A costly error of judgment and poor
understanding of the international strategic environment, indeed.
The Financial Dimension: Pakistans sordid climb down from a high
position of moral strength vis--vis the United States to one of a beggar has
been precipitated by the governments terrible governance, unmatchable
corruption, destruction of the countrys economy and the pending budget
requirements. Its greed to milk the situation for political gains backfired
horribly and in its wake relegated Pakistan into an extremely weak
645

negotiating and bargaining position. Our impending elections too were a


major factor in the PPP governments gross miscalculations.
The US Posturing: The posturing of the US administration and some
of its Congressmen like Representative Dana Rohrabacher vitiated the
environment making crisis management and resolution of the issues
extremely difficult if not impossible. Post-April terrorist attacks in Kabul,
they started blaming Pakistan and further dithering on the apology and other
matters. Slowly and gradually, Pakistans leverage lost its clout. Now, it has
been reduced to the inconsequential.
The Chicago Summit: Thus by frittering away our political,
diplomatic and strategic advantage our President has literally managed an
invitation to Chicago where, as announced by the US Spokesman, there is no
scheduled meeting between the US and Pakistan Presidents! What we may
expect from the Chicago Summit is, perhaps, a part-release of the CSF and
may be some restoration of economic and military aid. Period. There is no
likelihood of a worthwhile and significant apology coming from any
acceptable level. There is also no question of the drone attacks coming to a
halt!
Then what was all this commotion about? If after the manifestation of
our policy post-Salala this is the outcome, then what have we actually
achieved? Were we better off vis--vis the United States before Salala or
post-Salala? Where is our leverage now? We have no worthwhile apology
forthcoming and the drones will not stop raining death and destruction.
Economic and military aid will continue to come with strings. The
governments befuddled handling of the entire situation has allowed the
fleeting opportunities to slip by unexploited. Our national interests have not
been secured either. The loss of face, dignity, self-respect and pride is
additional. Was Pakistan better off pre-Chicago or will there be any
improvement post-Chicago? (Imran Malik, TheNation 20th May)

Afghanistan
Unknowns of the Afghan endgame: Any plausible strategy to
responsibly end the war hinge on four factors: 1) progress towards what
President Obama now calls a negotiated peace; 2) regional support for such
a settlement; 3) Afghan governance capacity and 4) the ability of Afghan
forces to hold their own and carry out security duties independently of their
NATO patrons.

646

The unknowns on all four counts are far more than the knowns at this
point. For all the recent Pentagon claims about Afghan forces operating
effectively and being able to thwart the coordinated Taliban assaults on
Kabul and other provinces on April 15, the integrity and coherence of the
ANSF remains in deep doubt. So do questions about their professional and
representative character.
Uncertainties also abound about the Afghan political transition that
will coincide with the 2014 withdrawal deadline. The constitutionally
prescribed two-term limit means Karzai cannot run in the presidential
elections due in 2014. There is speculation that elections might be brought
forward to 2013 and that Karzai is positioning himself as the king-maker to
install a pliant nominee. None of this offers any assurance of a smooth
transfer of political power, and even less of avoiding controversies like those
over ballot fraud that marred the last presidential election. Hopes of
enhanced governance capacity remain just that hopes.
Meanwhile Washingtons troubled relations with Teheran and
unresolved obstacles in normalizing ties with Islamabad have complicated
the building of a firm regional consensus for a tidy Afghan endgame as well
as a stable post-2014 order. But lack of headway towards what many
American officials acknowledge as the most important pillar Afghan
reconciliation poses the biggest challenge to American plans for a smooth
transition and peaceful end to the war.
Washington should have focused all its diplomatic energy to move
this process forward. The opening bid depended on the administration
showing clarity, resolve and accommodation to put a full-fledged peace
process in place. Instead its inability to settle in-house rifts, override the
Pentagons objections and reluctance to use its political capital to release
five detainees from Guantanamo earlier accepted as the first step of a
confidence building package triggered developments that resulted in the
suspension of talks by the Taliban.
If recent indications are correct that the White House is encouraged by
the American publics approval of President Obamas Bagram narrative to
end the war and pursue a negotiated peace, this should spur a renewed bid
to revive the talks rather then prevarication and waiting until the presidential
election is over. By then valuable time would be lost and an opportunity
squandered. The lack of domestic traction for Republican criticism of
talking to the Taliban should persuade the administration to see progress on
reconciliation as a winning political proposition.
647

Without expeditious movement to resume the talks and make


meaningful progress, the dynamics of the coming fighting season will take
over, blighting prospects for a negotiated peace. More fighting will imperil
the reconciliation goal and dwindle chances of a political end to the war. If
progress in peace talks is not accomplished well before 2014, the various
actors will have diminished ability to control events in Afghanistan. This
could confront the country with the spectre of chaos. (Dr Maleeha Lodhi.
The News 8th May)
Nation of Islam revisited: What WikiLeaks didnt reveal: In
addition to capitalism and communism political ideologies, the Muslim
World has another ideology that has to come into play in the public
discourse. It is Islam and the concept of the Nation of Islam. Although, the
entire Muslim populations around the world comprised different ethnicities,
cultures and countries; the majority of Muslims, then, had an explicit sense
of possible unity in one nation; the Nation of Islam. This sentiment was
established on a historical precedent. Most Islamic countries, today, were
part of one Islamic nation and many believe that members of this nation
were bonded together despite their differences by a fair and equal
application of true Islamic principles and values, which created harmonious
societies within one glorious nation. However, the abandonment of those
egalitarian and altruistic Islamic principles by Muslims led to their downfall.
With this clear historical evidence in mind, the lessons to be learned
by most Muslims from this contrasting state of affairs (Glorious Islamic state
vs. disintegrated fair-play Islamic states) centres around a primary idea that
Islamic principles and values can serve as a state-political ideology to
achieve the followings: (1) harmonious societies, and (2) a glorious nation
that can lead the world in all areas of human endeavors. The antitheses of
this idea, of course, would be disharmonious societies and disintegrated
glorious nation.
But, non-Muslim powers are practically leading the world militarily,
economically, politically and scientifically, without adhering to a stateadopted theocratic ideology. One could discern that a theocratic ideology
could not be the only way to development and progress and there must be
other ideological alternatives.
Consequently, some Muslim intellectuals claimed that those other
alternatives could be either capitalism or communism and these ideological
views dominated the Muslim World, with a few Muslim intellectuals, still,

648

believing that neither of these alternatives could be the correct one except
the Islamic ideology.
Nonetheless, most Muslim countries experienced with both clashing
political ideologies (capitalism and communism), but substantial
development and progress hasnt happened in the Islamic world with the
result that Muslim societies are still suffering from the same ills of backward
societies. In the 1980s, underground Islamic groups surfaced with various
theocratic orientations and territorial affiliations (e.g. Muslim Brotherhood:
Egypt, Hamas: Palestine, Hezbollah: Lebanon, Salafists: the rest of the Arab
World), and eventually other Islamic groups branched out from these groups
or were established with one objective: The establishment of the Nation of
Islam.
Coincidently, in 1979 the Soviet Union invaded Afghanistan, which is
a Muslim country. The ground was prepared for Islamic groups to
materialize that cherished Islamic dream, the Nation of Islam.
Meanwhile, extensive religious rhetoric pervaded the entire Islamic
public scene and laid the foundation for social and political structures for the
call of Jihad in Afghanistan. The masses were ready to answer this call. As a
result, thousands of Mujahideen belonging to different ethnicities and
speaking different languages went to Afghanistan.
Those Mujahideen, with minimal and unsophisticated weaponry,
succeeded in defeating the army of a superpower and driving it out from a
Muslim country. The Russian military forces were withdrawn from
Afghanistan in 1989.
This victory over a superpower validated the basic idea that the
Nation of Islam can be established and Muslims glory can be regained by
adhering to the true Islamic principles and Muslim brotherhood. However,
fierce fighting between Afghan Mujahideen groups broke out, and every
group was doing Jihad for its own mundane interests. Consequently, the
Nation of Islam was never established.
Probably, the first political lesson that Muslims have learned from the
Afghan experience, especially the Mujahideen, is that it takes more than
holding firmly to puritan theocratic principles and values to establish an
Islamic nation and retain the glory of Islam. As a result, many Mujahideen
decided to encourage their siblings to Go West to live and study, sparing
them that bumpy road, they knew very well, which will certainly take them
to the same path of all social, political, and economical ills. (Abdulrahman
al-Zuhayyan for Arab News, reprinted in TheNation 14th May)
649

Creating authoritarian regimes: From May 2003 to the end of


2009, the US spent $19 billion and the Iraq government $16.5 billion on
training, equipment, weapons systems and pay for Iraqs armed forces. By
May 2012, the result of these expenditures, and the billions spent from the
end of 2009 to May 2012, is clear. The Maliki government is almost an
authoritarian as the regime of Saddam Hussein, which the US deemed so
evil that it was necessary to topple it, invade and occupy the country that led
to a decade-long war.
It is obvious that the same fate awaits Afghanistan. The war-torn
country has been dominated and ruled by the Pashtun peoples from its
creation in 1885. The Pashtun comprise about 12 million of Afghanistans 30
million population; the other two major population groups are Tajiks
comprising an estimated eight million people, and Uzbeks at about three
million. Also, the Pashtun in Afghanistan are supported by the 28 million
Pashtun in Pakistan.
But the dominance of Afghanistan by Pashtun will be delayed if the
SPA that Obama signed with Karzai is fully implemented. Thirty-three tears
of war, including a decade against the US, has hardened the nationalism of
the Pashtun. It is unlikely that Pashtun leaders will permit a strong role for
the Tajiks or the Uzbeks in Kabul. Rather they will assume positions more
like the marginalized Sunni Arabs IN Iraq or, like the Kurds, compelled to
try and achieve as independent state.
It also seems likely that Afghanistan, like Iraq, will follow the
authoritarian route taken by the US-tolerated regime in Iraq. Also, like Iraq,
it is likely that Afghanistan, fueled by the billions of dollars that Washington
has already spent on building the Afghan Army, and the $4 billion a year
recommended in the SPA, will further facilitate the establishment of an
authoritarian regime in Afghanistan let us hope that it will not be one and
facilitates or condones terrorism. (Robert Olson, TheNation 18th May)
The NATO Afghan summit: Reality and illusion: Everything has
been moving forward, step by step This weekend, the process will move
forward yet again, all according to the script, when Obama hosts a NATO
summit in Chicago. There the allied nations will ratify their plan to make a
crisp transition from combat to a training and counterterrorism mission next
year, in anticipation of a full withdrawal of combat forces in 2014, when the
government of Afghanistan will be prepared to assume full responsibility for
security throughout the country. The heads of state meeting in Chicago will

650

also commit themselves to a finalized security budget, assuring Afghanistan


of the means to sustain the local forces needed in the decade following 2014.
This is the narrative being presented by the White House to the
American people. Not coincidentally, it dovetails nicely with the presidents
reelection campaign. Also not coincidentally, an additional 23,000 American
troops, the remainder of those dispatched to carry out what the
administration claims to have been a successful surge campaign, will
depart Afghanistan by September, well in time for the November US
presidential elections.
But this story, which conforms to what has long been referred to sotto
voce by the US military as the presidents victory narrative is, in fact, an
elaborate illusion The military successes he touted in his speeches are
essentially hollow. For all the panache of the assault in Abbottabad, bin
Laden had to be dragged from the bin of history to be dispatched by US
troops. And the hard-fought gains won by Obamas surge in the south of
Afghanistan cannot be sustained by Afghan forces; as US forces steadily
draw down, vast swathes of territory are already being re-ceded to the
Taliban.
The agreement signed with such fanfare is in fact a place-holder, a
hollow shell. It says nothing about how many US or NATO troops will
remain after 2014, and little about what they will do or what legal
immunities, if any, they will have. All this remains to be negotiated And
while the Strategic Partnership Agreement nominally commits Afghanistan
to various improvements in governance, it is silent on the critical issue of
constitutional reform without which stemming corruption and
reconciliation with the Taliban, the two most important pillars of future
stability, will simply not be possible. Constitutional reform, by the way, is
not even on the Western agenda.
Meanwhile, despite a lot of brave talk, the main preoccupation of the
NATO allies set to gather this weekend in Chicago is how to most quickly
and expeditiously run for the exits. Newly-elected French President Francois
Hollande is setting the tone It is not at all surprising that Obama, a
politician, should try to put the best political face possible on a rapidly
deteriorating situation in South Asia, and to make what is in fact a sensible
retrenchment from his past failed policies seem instead like a heroic victory
for those policies. This is what politicians do, when they can. But to the
extent that Americans are being misled by their own rhetoric, the situation
becomes all the more fraught with danger.
651

The Americans should know by now that undisciplined and inefficient


Afghan security forces, seen by many as a tool of the Northern Alliance, will
not be able to exert control over Pashtun areas The Obama Administration
will doubtless persist in doing and saying what it feels is necessary to
contribute to the presidents reelection. But if it persists in acting as though it
can no longer distinguish between hard reality and the cheery fictions of its
own making, it courts genuine disaster in South Asia. (Robert Grenier for
Aljazeera, reprinted in TheNation 20th May)

Iran
Iran queries Obamas pact with Karzai: But the damage is done.
Meanwhile, Tehran has broken its silence over the US-Afghan pact. On
Saturday, in a strong statement, the Iranian Foreign Ministry warned against
the deployment of US troops in Afghanistan. The statement said:
* The unclear roles defined for the US forces and their military bases
under the pact constitute major sources of concern for Iran and other
regional countries. The pact cannot solve Afghanistans security problems
and will further destabilize the country and worsen insecurity.
* The Islamic Republic of Iran believes that the establishment of
peace and security in Afghanistan is possible through the total withdrawal of
the foreign forces, the closure of military bases and dialogue among the
Afghans within the framework of the High Peace Council.
Evidently, Kabul anticipated that Tehran would at some point come
out against the security pact and tried to pre-empt Irans capacity to rally the
Afghan opposition. Interestingly, on Tuesday, even as the Foreign Ministry
in Kabul summoned the Iranian ambassador, Karzai dispatched National
Security Adviser Rangin Dadfar Spanta (who negotiated the pact with
Washington) to the western Afghan city of Herat to respond to Iranian
criticism. Herat has traditionally been heavily under Iranian influence.
Spanta defiantly underscored that the pact with the US was precisely
intended to withstand threats such as from Tehran. He said:
Iranian officials told Afghan senators not to approve the pact or else
Afghanistan will face problems. We reply to them that it is for this very
reason that we signed the agreement ... What I see in Iran is nationalism and
radicalism, which tries to influence the region from a religious point of view.
[Irans] politics have never been recognized globally... Afghans should
guarantee their childrens future with peace and think only about their
national interest.

652

Karzais choice of the mild-mannered Spanta for the mission to Herat


is interesting. Spanta is a Sunni Tajik and Herat is predominantly a Sunni
Tajik city. By playing the sectarian card, Karzai evidently hopes to cast his
net wide and neutralize the Shiite Iranian sway over the people of Herat
The Iranian ambassador in Kabul lost no time to respond to Spanta. He
urged on Wednesday that the Karzai government should pay heed to Irans
concerns about the US-Afghan pact. Referring to his meeting at the Afghan
Foreign Ministry the previous day, he disclosed:
The point that I made to the Afghan officials was that in our view the
consequences of this [US-Afghan] agreement are not restricted to
Afghanistan and will have regional and trans-regional impact and can
disturb the regional security structure. We asked the Afghan officials to
reconsider it [the security pact] more carefully. The Afghans should take our
concerns into consideration and make their decisions while considering the
Afghan peoples interests and the security considerations of the regional
countries.
Clearly, the ambassador has pushed the envelope by claiming that
Tehrans stance is shared by other regional capitals. He also reached above
Spantas and Karzais heads to bring onto the table the interests of the
Afghan nation.
The Iranian demand for a review of the pact all but sets a collision
course with Karzai. If the calculation was that amid the preoccupations over
the P5+1 (Iran Six) talks on Tehrans nuclear program in Baghdad on May
23, Tehran would have no spare time to pay attention to the US-Afghan pact,
that isnt the case. Evidently, Tehrans threat perceptions from the long-term
US military presence on Irans eastern borders run far too deep.
Tehran has probably consulted other regional powers. Both the
Foreign Ministry statement in Tehran on Saturday and the Iranian
ambassadors remarks in Kabul on Wednesday referred to regional opinion
weighing against the US-Afghan security pact. Although no other regional
capital has spoken against the US-Afghan pact in the past 10 days, Tehrans
claim suggests that the silence is merely tactical. It is a claim difficult to
disprove. The big question is going to be the nature of the mood swing
among Afghan parliamentarians. Tehran has brought into focus that the USAfghan pact is controversial among Afghanistans neighbors. Iran wields
influence over certain constituencies within Afghanistan cutting across
regional or sectarian and religious divides. (Tehran has much influence with
the insurgent Hezb-i-Islami leader Gulbuddin Hekmatyar, who lived for
653

almost five years in Iran in exile in the late 1990s until his return to
Afghanistan in 2002.)
It is virtually unthinkable what would happen to Obamas political
standing if the Afghan parliament failed to ratify the security pact.
Politicians can make fatal errors of judgment. Obama gambled by traveling
to Kabul to sign the pact just ahead of the formal commencement of his reelection.
The temptation to derive political mileage likely got the better of him.
Obamas political life testifies that he has usually won his gambles. But
Afghan parliamentarians could punctuate that lucky run. (M K
Bhadrakumar for Asia Times, reprinted in TheNation 11th May)

India
Pak-India economic moot: No one would dispute the unlimited
benefits that peace could deliver. That is in fact, a fundamental requirement
of economic growth, progress and prosperity for the citizenry. It must be
remembered that those who strove hard to make Pakistan a reality, and on
top of that the Quaid-i-Azam himself, had visualized that the partition would
herald a new era of understanding and peaceful relations between the two
states; each would follow its own chosen path to a desired goal. As ill luck
would have it, things turned out quite differently. Hostility and bad feelings
generated by the soul destroying events of partition continued to grow, as
India dillydallied in addressing contentious issues that had come in the wake
of the creation of the two states.
And as time passed, New Delhi reneged on its commitments
contained in the UN Security Council resolutions and began touting that
Kashmir was its integral part. That dispute continues to rankle with not only
Kashmiris, but also the people of Pakistan. The Kashmiris have invested
blood in search of freedom from the brutal hold of India. Varying estimates
of loss of lives account for the death of as many as 80,000. Their struggle
goes on unabated. For Pakistan, the baleful impact of Indias occupation has
appeared in the shape of diversion of its own share of water for use by India.
To assume that by putting this core issue on the backburner or just
abandoning it for the sake of normalization would not work. There have
been unmistakable indications from across the border that it has no intention
of taking up this dispute with the seriousness that a just solution would
require. Indias words of promise have been tested far too many to be
trusted. Finding the route to peace through MFN or increased trade that the
conference aimed at would not help. New Delhi must first be made to realize
654

a basic fact if human nature that no durable peace is possible in the presence
of such vital disputes. (Editorial, TheNation 9th May)

REVIEW
Hina Rabbani Khar and her boss Gilani noticed that NATO is not just
one country but a constellation of 48. They were enabled to spot these
countries during their stay in London, just as sometimes moon-sighting
committee is taken above the clouds in to facilitate their vision. At times
they even make announcement on the basis of trustworthy witness like
David Cameron.
They made the announcement about sighting of the constellation
during their home-ward journey. They also declared that based on the fresh
count it would not be wise to spoil relations with so many countries for
killing of just 24 Pakistani soldiers; which amounts to losing two masters for
one item of disposable commodity.
Once the foreign masters observed that the vision of Pakistani rulers
has been restored, Rasmussen invited Zardari to Chicago Summit. The
spokesman of Presidency promptly announced that invitation came without
any pre-conditions. It appears that nothing qualifies to be termed as
precondition for Zardari regime, though even the beggars and prostitutes
believe in certain does and donts despite being no choosers.
Husain Haqqani, former ambassador in Washington also advised
Pakistan to make sensible decisions in the context of resumption of NATO
supplies and other demands of the United States regarding the war on terror.
He issued a warning, of course on behalf of Americans, saying Pakistan has
to choose between becoming Somalia or a better future.
Before this advice-cum-warning it was reported that Haqqani had
been actively advising the new Pakistani ambassador in Washington on
issues related to Pak-US ties. It meant that he has been working on
achievement of goals spelled in Memo to Mullen, perhaps more vigorously
than before and with the approval and backing of Zardari. These goals are
derived from Zardari regimes mission of democratic revenge that includes
taming of the Army and Americas goal of de-militarization.
Americans not only want Pakistan to restore NATO supplies, but also
launch operation in North Waziristan and take action against Hafiz Saeed
and his network. In other words, they want Pakistan to earn US dollars

655

through channel they normally mention in slang for paying for something
the hard-way.
The observers speculated that Apart from retreating from droneapology front, Pakistan has agreed, or will soon agree, to carry out ground
operation in North Waziristan to meet long standing demand of the US for
crackdown against Haqqani Network; thus Zardari would secure yet another
two-fold victory; receive Greenbacks from the US and push the Army deeper
into the quagmire.
The second fold of victory would ultimately serve the interests of both
Zardari and the Crusaders, i.e. taming the Army for Zardari and paving the
way for demilitarizing Pakistan by causing attrition. The attrition factor will
increase manifold if the regime agrees to link the payment of transit levy to
provision of security, as the US is reported to be pressing for.
The Army has been literally pushed to the wall and that too with little
resolve left to fight back for salvaging its image. From the slavish role
played in Raymond Davis case to passive approach in Memo Scandal after
filing of the affidavits in the Supreme Court and now quietly consenting to
reopening of NATO supplies the image of Armys leadership would be
tarnished beyond calculation.
The Armys top brass has been repeatedly indulging in self-inflicting
injuries on the body they head. After causing each wound they have been
taking half-hearted measures for treating the wounds so caused. About six
months after those suffered at Salala, the Armys top brass thinks the injuries
have healed. They have been grossly wrong in thinking so.
These wounds have not healed; these have been left unattended and
the wounded have stopped crying because their belief that no amount of
crying would help in drawing the attention which they want to. Unattended
wounds develop into gangrene and lead to imputations. Some parts have
already been imputed through court martial surgery and others are on the
operation table, but how many imputations a body can afford and yet remain
a body?
The foregoing amply reveals that if Pakistan succumbs to the latest
pressure from the US it could prove last straw on the back of camel called
Army. It will sink irretrievably deep into the quagmire of Americas war on
terror and bring US closer to achieving its Pakistan related goals.
Some critics may draw attention of the Scoundrel and the Saint
towards Obamas reported support for the same gender marriage and ask
656

them to ponder over it. This is one way to look at their submissive dealing,
but the duo has accomplished a hat-trick in using third unanimously adopted
resolution like a toilet paper and throwing it in dust bin.
They have also helped in realization of prediction of the head of US
forces. In March, he had said that NATO supplies would be reopened in midMay. This proved that the decision was taken long ago and somewhere far
away from the scene of pretensions enacted by civil and military rulers in
Islamabad.
Meanwhile, Indian agencies and media sounded a false alarm about
terror attacks in Mumbai by operatives of Lashkar-e-Taiba. This should be
seen in right persepective without giving any twists and turns to a simple
report. Indian agencies and media had done it in the spirit of Aman ki Asha.
The participants of second moot of Aman ki Asha in Lahore may or may not
have been aware of the spirit of this joint venture of two media groups but
traders of Gulberg Market, Lahore now fully understand the meaning of
nazar mein rehtey ho, jab nazar naheen aatey.
21st May, 2012

WAR WITHIN-XI
The Speaker National Assembly, Dr Fehmida Mirza completed her
deliberations over the verdict of the Supreme Court in which Prime Minister
Gilani was convicted and sentenced on the charge of contempt of court. She
observed that the Leader of the August House, which she presides over, had
not ridiculed the Judiciary. However, this word was specifically mentioned
in the judgment.
Based on her clinical observation she ruled that the question of
Gilanis disqualification has not arisen and the matter wont be referred to
the Election Commission for any further action so the case may be treated as
closed or buried in the courtyard of the Parliament. With her ruling the
authority of the Supreme Court was dead: Long live the sovereignty of the
Parliament!
Moments after the historic ruling Gilani jubilantly announced
scoring first-ever victory by the democracy, of course, by defeating the
justice system that is in place. Dr Fehmida rushed to Karachi to meet the
party boss, who had just returned from abroad, and got pat on her back for
proving that she certainly isnt heading a post office. She is capable of
doing more than mere receipt and delivery.

657

Aitzaz Ahsan announced that he was ready to file intra-court appeal in


which he had about two hundred objections and observations; to speak in the
language of an auditor rather than a student of law. Next day, he told the
media that his party leadership has decided not to file the appeal. This was a
cunning move that left the regimes adversaries biting their lips, including
the Khan, who has been gracious in giving Gilani to exercise his right to
appeal.
Meanwhile, a Supreme Court bench led by the Chief Justice kept
hearing the case of law and order in Balochistan. The court was able to
secure recovery of few missing persons, but in the process it discovered that
the virus of defiance of court orders had spread to bureaucracy. However,
some political leaders were invited by SCBA to ponder over Balochistan
issue and make some recommendations.
In Karachi, the PPP tried to win heart and mind of MQM and at the
same time crush the dissent within the party that had spring in its stronghold of Lyari. It backfired; first the Lyari operation failed and when political
opponents tried to make inroads a peace rally was fired at in a manner
peculiar to those who claim Karachi as our city. Turf war turned uglier
when gunmen stopped a Swabi-bound bus near Nawab Shah, asked Sindhis
to dismount and then sprayed bullets at the remaining passengers killing
eight of them.

NEWS
Power politics: On 23rd May, Nawaz Sharif said that PPP
government has betrayed the people through its disservice and claimed his
party had no role in bringing PPP into power or making its chief president of
the country. Addressing a public rally in Attock, Nawaz said that even
though he knew the elections were rigged, his party decided to work with the
PPP. But the PPP had betrayed them.
The PML-N chief said that he has a special love for the people of
Attock. Today I have not come here to ask for votes; rather I am here to pay
gratitude to the people of Attock who had treated me well during my time in
the prison. Nawaz said if he had remained in power, prosperity would have
reached the town he was currently standing in.
On 25th May, Leader of the Opposition recommended names of three
former Supreme Court judges for the post of the chief election commissioner
(CEC). They enjoy excellent reputation as men of character and are
658

considered much better than the three names Justice (r) Munir A Sheikh,
Justice (r) Zahid Qurban Alvi and Justice (r) Amirul Mulk Mengal
proposed by Prime Minister. All three of them Fakhruddin G Ebrahim,
Nasir Aslam Zahid and Mian Shakirullah Jan had refused to take oath
under Pervez Musharrafs first PCO.
Next day, Prime Minister Gilani addressed a public meeting after
inaugurating a natural gas project for the people of Narowal and said the
PPP enjoyed the support of the masses from all provinces; therefore, the
claims of a long march by the opposition could not get the peoples support.
He claimed that he was not afraid of anybody as he was a public
representative and that the opposition should not make claims, which it
could not fulfill.
Referring to PML-N chief Nawaz Sharif and Punjab CM Shahbaz
Sharif, Gilani said: One brother said he did not accept the president, the
second said he did not accept the prime minister and now Opposition Leader
Chaudhry Nisar Ali Khan says he does not accept the Speaker of the
National Assembly.
Gilani said development projects worth Rs3 billion alone had been
completed in Narowal district that included projects of electricity, gas, roads,
and other programmes. He said Rs500 million were given to the Punjab
government for the road which had not been completed, adding he would
investigate the matter. He announced a grant of Rs2 million for the Narowal
District Bar Association. He also announced a separate grant of Rs1 million
for the Zafarwal Bar Association and Rs1 million each for the Narowal Press
Club and the National Electronic Media Club Narowal.
The PM also announced setting up a passport office in Shakargarh and
another passport office in Narowal City and upgrading of the Shakargarh
Nadra office. He directed Benazir Income Support Programme chairperson
Farzana Raja to include all the deserving women in this programme. He
announced Rs 500,000 each for five students who died in a school when the
roof collapsed in Narowal. He also announced Rs200,000 each for the five
students who were injured in this incident and Rs100,000 each for 25
students who received minor injuries.

Rule of law: On 23rd May, responding to a question, the CCPO said


that the police were demonstrating complete patience and tolerance despite
the fact that at least 75 cases related to lawyers torture on policemen had
been reported so far. He warned that the lawyers should not test the patience

659

of the police force and said that the frequent incidents of lawyers torture on
policemen could downgrade the morale of the police.
On 25th May, deeming the appointment of Ayaz Niazi as Chairman
NICL illegal, the Supreme Court of Pakistan ordered FIA to launch an
investigation against Makhdoom Amin Fahim in the NICL land scam.
Enraged chief justice in his remarks said that it was peoples wealth that was
plundered and it must be returned to them. The court further ordered details
of transactions made under the scam and also why an unlawful summary,
signed by Fahim, was sent to Prime Minister Gilani for approval.
The FIA director informed that Rs40.05 million was given to
Makhdoom Amin Fahim, his son Jaliluz Zaman and wife Rizwana Amin for
settlement of their Standard Charter Bank debt. He, however, said that
Fahim returned Rs 40.05 million to Khawaja Akbar Butt, who happened to
be a front man for one of the main accused of the NICL scam Zafar Saleemi
and the FIA did redeposit the same money in the commerce ministry.
FIA Director Jah informed the court that he investigated the case
pertaining to illegality and irregularities in purchasing property by the NICL
in Dubai and also some of the purchases in Casablanca. He, however,
concluded that the deal had been made as per markets prevailing price of
land. Therefore, according to him no evidence of criminal case could be
made before the court of law.
About the third transaction, which involves considerable finance of
NICL for purchase of land situated in Karachi, he said approximately Rs1
billion had been recovered and deposited in the commerce ministry. When
the court inquired about the arrest of absconders, Jah said nine persons had
been arrested and action against them initiated under Section 87 and 88 of
CrPC and FIA Act.
Special Judge Central (FIA) Khalid Shabbir rejected the identical
petitions, filed by former minister for religious affairs Syed Hamid Saeed
Kazmi, seeking acquittal from the Hajj corruption case being innocent. In its
short verdict, the court stated that no one has been indicted in the case so far
nor any witness has appeared in the case. Therefore, the accused will be
indicted on May 30 and adjourned the hearing till then.
Later talking to media, Hamid Saeed Kazmi said a decision to file
appeal would be made after detailed judgment was given. He said the FIA
could neither present any proof nor any witness against him. He regretted
that his case was being prolonged, saying that even terrorists are released
after two to three months in the absence of any proof against them.
660

The Supreme Court suspended Farahnaz Ispahani's membership of the


National Assembly while hearing the dual nationality case. The Court ruled
that her membership from the National Assembly will be revoked on account
of not disclosing her dual nationality status to the Election Commission.
Meanwhile, Rehman Maliks lawyer prayed the court on behalf of his client,
for an extension in deadline to present the certificate of Malik revoking his
British citizenship.
Fayyaz Ahmad Leghari, a Grade-21 officer of the Police Service of
Pakistan (PSP), became the ninth director general of FIA during the tenure
of the present government. Fayyaz Leghari has earlier served as Karachi
police chief and as inspector general of police (IGP) Sindh but was removed
on the order of Supreme Court following the killing of Sarfraz Shah by the
Rangers in broad daylight.
On 27th May, Prime Minister Gilani said there was no restriction on
dual citizenship in the countrys constitution. There should be a debate on
the issue of dual citizenship and the parliament should decide the issue and
bring in new legislation as the world has changed. Mentioning that over 300
councilors, mayors and members of House of Commons and House of Lords
in Britain were Pakistanis, he said the expatriates should not be deprived of
the right to vote and become members of the parliament.

Defiance of judiciary: On 21st May, Nawaz Sharif said that


nobody including the government has courage to stop the proposed long
march of the party and demanded immediate holding of elections to take the
country out of the mess created by the rulers. In an interview, the PML-N
chief stressed that the establishment must not take sides and should avoid
supporting any political party.
Nawaz Sharif said that if the government was not implementing the
orders of the Supreme Court, it should lock down all the state institutions.
He said the prime minister has made a mockery of his office and no one
expects something good from the incumbent rulers and people want to get
rid of them as soon as possible. He said democracy cannot succeed when
institutions are not respected. He stressed that the whole struggle of his party
is aimed at ensuring the rule of law.
To a question about reference to NAB by the interior minister for
reopening of cases against him, the PML-N chief said the government was
upset and looking for every means to pressurize the opposition. He said he
has not received any notice as yet and as and when received, he would take a
decision. He rejected the impression that establishment was opposed to the
661

PML-N and pointed out that Musharraf did try for that but could not
succeed.
Nawaz Sharif said it would be unwise to resign from the assemblies
because that would give a free hand to the government and people would be
denied of whatever little bit they were getting. He said if the opposition
resigned, those giving this suggestion would complain tomorrow that
elections were not free because a partisan person would be appointed Chief
Election Commissioner in the absence of the opposition.
Addressing the joint sitting of both the Houses of Parliament, Turkish
Prime Minister Tayyip Erdogan said that democracy is a heavy responsibility
on the governments shoulders for the betterment of society. He lauded the
democratic process in Pakistan and expressed the confidence that
parliamentarians would address the challenges facing Pakistan.
Reciprocating the Turkish prime ministers speech, Prime Minister
Gilani said that Pakistans unique relationship with Turkey began much
before Pakistan emerged on the world map as an independent country in
1947. He said the Turkish leaders visit and address to the joint session was
so important that the opposition had set aside its political differences and
decided to speak with one voice to honour and welcome a true friend of
Pakistan.
Earlier, on his arrival at the Parliament House to address the joint
sitting of both houses of the parliament, Turkish Prime Minister Erdogan
held a meeting with Speaker National Assembly Dr Fehmida Mirza in her
chamber and assured of his countrys continued and unflinching support to
Pakistan.
Chaudhry Nisar said the people of Pakistan viewed Turkey as a timetested friend and a country on which they could always depend. Most
importantly, outside the House the regime termed the presence of PML-N in
the Parliament as a victory and their acceptance of Gilani as Prime Minister.
Next day, Acting President Nayyar Hussain Bukhari appointed Aitzaz
Ahsan in place of Babar Awan, as counsel to the court in the ZAB reference
case. The change was necessitated on view of suspension of the license of
Babar Awa nom orders of the Supreme Court.
Speaker National Assembly has just three days left to decide the issue
of Prime Minister Gilanis conviction by killing it or sending it to the ECP.
Otherwise, the reference would automatically stand forwarded to the ECP

662

for a decision. Reportedly the Speaker has sought response from Gilani on
his conviction.
PM Gilanis lawyer Aitzaz Ahsan had said that the Speaker has no
question to decide because there was already a court judgment and she has
no authority to judge. She is just like a post office and will transmit the
reference to the ECP, he said. Meanwhile, the Speaker has consulted Law
Minister and Wasim Sajjad on legal implications and ramifications of the
judgment.
On 24th May, Speaker National Assembly Dr Fehmida Mirza decided
not to send the reference against Prime Minister Gilani to the ECP, a move
that could lead to another legal confrontation between the state institutions
and fuel political tension in the country. She said, I am of the view that the
charges against Yousuf Raza Gilani are not relatable to the grounds
mentioned in paragraph (g) or (h) of Clause (1) of Article 63; therefore, no
question of his disqualification from being a member arises under Clause (2)
of Article 63 of the Constitution, in a five-page ruling issued by the
National Assembly Secretariat.
On prima-facie, no specific charge regarding the propagation of any
opinion or acting in any manner against the independence of the judiciary or
defaming or ridiculing the judiciary as contemplated under Article 63 (1) (g)
has been framed, she added. The Speaker expressed serious concerns
regarding the letters through which the Supreme Court assistant registrar,
while writing for the registrar, addressed directly to the Speaker and
separately conveyed the short order and the detailed judgment of the apex
court.
Fehmida cited the case of former MNA Javed Hashmi, who was
convicted by a sessions judge in 2004 and was sentenced to 19-year
imprisonment. After Hashmi filed three separate nomination papers as a
candidate for the leader of the house, the government raised objection,
stating that he had been disqualified after conviction for propagating and
defaming the armed forces. However, the then National Assembly speaker
overruled the objection.
Prime Minister Gilani declared the Speakers ruling as first-ever
victory of the democracy and Jiyalas in Lahore and Multan danced on drum
beats. Earlier, talking to a delegation of Supreme Court Bar Association led
by its President, Gilani said that it is the PPP leadership which restored the
Constitution and strengthened institutions and democracy. Gilani said
progress of the country was possible only with the strengthening of
663

democracy and sovereignty of any country cannot remain intact in the


absence of a Constitution.
Against the backdrop of rising hostility between PPP and PML-N
after PM Gilanis conviction, Punjab Governor Latif Khosa has written a
letter to Chief Minister Shahbaz Sharif, asking him to place audit reports of
district governments before the Public Accounts Committee. The governor
said he was alarmed over siphoning off billions of public money without any
public accountability.
Discussing the constitutional and legal implications of not placing the
audit reports before the PAC, the governor has noted that it was violation of
relevant provision of Article 171 of the Constitution according to which the
laying of audit reports before representatives of the people in the Provincial
Assembly is mandatory.
The PTI moved the Sindh High Court against Prime Minister Gilanis
holding the office of the countrys premier after his conviction in a contempt
case by the Supreme Court and the misuse of the state exchequer under his
leadership. PTI Central Secretary Arif Alvi elaborated the latter part of the
petition with reference to Gilanis visited the United Kingdom.
Next day, the ruling of Speaker National Assembly on the prime
ministers contempt case was sent to the Supreme Court office. Aitzaz Ahsan
said he has finalized the appeal against Supreme Courts verdict in contempt
case. He said his appeal contained 200 questions, and denied that the
detailed verdict of Supreme Court had ever declared PM Gilani as
disqualified. He strongly resented the idea of treating the august post of
Speaker as like a post office, and said Speaker ruled as per constitutional and
legal norms. Meanwhile, it was reported that the government has decided not
to file appeal in the Supreme Court.
The existing constitutional provisions do not envisage any role for the
ECP to influence Speaker National Assemblys initiative of having decided
not to send the reference on prime ministers disqualification to the electoral
body and dismissing the question of premiers ouster. The ECPs role is to
begin, in the light of Article 63 (3), only after it receives the reference from
the NA Speaker office after the lapse of prescribed time period. The
commission does not have any authority or mechanism to overrule or reject
the speakers initiative in case the latter decides not to refer the matter to the
electoral body.
The decision of Speaker National Assembly was challenged in Sindh
High Court. Petitioner Maulvi Iqbal Haider, who had filed a reference before
664

the National Assembly Speaker against Prime Minister Gilani following his
conviction by the Supreme Court in contempt of court charges back on April
26, submitted that the impugned decision of the National Assembly to not
submit the disqualification reference was a violation of Articles 4, 5, 9, 10,
25 and 63(2) of the Constitution as well as the oath prescribed under the
Constitution. He submitted that the Sindh High Court had already issued
notices to the Speaker in an identical matter, but despite the courts order,
she assumed the power of chief election commissioner without any lawful
authority and rejected his reference for forwarding the same to the CEC,
adding that this decision was a gross violation of Articles 5, 25, 63(2)(3), 68,
69, 189 and 190 of the Constitution.
The petitioner said that the role of the Election Commission and the
CEC were defined by virtue of Articles 222, 223, 224 and 225 read with
Article 63(3) and 5 of the Constitution and CEC has exclusive jurisdiction to
decide the reference in the terms of the Constitution, while the role of the
Speaker was also defined by the Constitution. He submitted that in case a
question of an MPs disqualification arose, the Speaker had to refer to the
CEC to decide the matter in accordance with the law and Constitution.
On 26th May, Aitzaz Ahsan said his party had decided not to file an
appeal against the conviction of the prime minister in the contempt of court
case as it could be detrimental (to the premier). Addressing a press
conference in Lahore, he said there were some apprehensions and the PPP
top leadership unanimously decided not to file the appeal. However, he said
the appeal had been drafted having 146 objections against the judgment of
the Supreme Court.
He said doors for the Election Commission had been closed to take
any decision after the ruling given by National Assembly Speaker Fehmida
Mirza. He endorsed the Speakers ruling and said in the Constitution of
1962, the Speaker had the role of a post office only, but the situation had
changed now. He reiterated PM Gilani was still the constitutional and legal
chief executive of the country.
Legal experts believe that the government has decided to make the
issue political rather than fighting the case legally. They argued that the
Supreme Court conviction will remain intact and the apex court can in future
deliver a clear decision to disqualify the prime minister.
Tariq Butt of The News reported that strong fears that an appellate
bench of the Supreme Court might enhance Prime Minister Yusuf Raza
Gilanis sentence on the contempt charge and pass a categorical
665

disqualification order has forced the government to back off from filing an
appeal challenging the order of the seven-member bench.
Noted lawyer Dr Khalid Ranjha says as a professional lawyer dealing
with criminal cases for 35 years he mostly advises litigants not to file
appeals because there is always a strong risk that the sentence may be
enhanced by the appellate court. Dr Khaki said that the government
apprehended that the appellate bench of the apex court might further
strengthen the judgment against the prime minister and, in the words of
some people, the confusion in the seven-member benchs decision might be
removed by the larger panel of justices.
Next day, Imran Khan announced to move Supreme Court on 29 th
May against National Assembly Speakers ruling on PM Gilanis
qualification. Addressing a mammoth gathering at Liaquat Bagh Khan
advised rulers to bow to the Supreme Court and implement its orders.
Otherwise, he warned, the Tsunami March of his supporters would wash
them away from the power corridors. Pakistan Tehreek-e-Insaf (PTI)
chairman, in a message to Prime Minister Gilani, who according to him has
lost moral stand to be the chief executive, said if Gilani attempted to
bulldoze the apex court rulings to hide their (PPP leaders) corruption they
(PTI) would turn the table on him and his associates.
Nawaz Sharif has said his party will not allow the rulers to violate the
constitution and make a mockery of the apex courts verdicts. Talking to
PML-N Punjabs Joint Secretary Rana Sajid Iqbal and other party workers,
he said it is incumbent upon everyone to show respect to judiciary and
implement its decisions but the PPP men have made it a habit to violate
every law of the land.
The PML-N decided to file a constitutional petition in the Supreme
Court of Pakistan to challenge National Assembly Speakers ruling in favour
of Prime Minister Gilani. Khawaja Muhammad Asif, with the permission of
the party leadership, will file a petition in the Supreme Court on May 28
under Article 184(3) of the Constitution. In this petition Gilani has been
made the respondent, besides the Federation of Pakistan. The petitioner has
requested the apex court to hold the ruling of the speaker of the National
Assembly dated 24th May in the matter of the prime minister under Article
63(2) of the Constitution as arbitrary, capricious and illegal.
Dr Fehmida Mirza said that her decision against referring the case of
Prime Minister Gilani to the election commission is based on requirements
of justice. Addressing a gathering in Badin Fehmida said that as
666

Speaker she has made all decisions with full honesty and according to the
constitution. I am satisfied with my ruling, she said.
Chairman Pakistan Peoples Party, Bilawal Bhutto Zardari, and CoChairman Asif Ali Zardari, in their separate messages congratulated Prime
Minister Gilani for achieving the coveted status of being the longest serving
elected prime minister of the country in its 64 years history. The PPP
Chairman and Co-Chairman attributed the achievement to the leadership of
PPP and the policy of reconciliation.

Taming the military: On 21st May, the NAB launched a joint


investigation with Pakistan Army to probe into the mega multi-billion rupee
scam of NLC with recording the statement of civilian officer Saeedur
Rehman accused in the case. The NAB and JAG branch agreed in principle
that the civilian officer in the scam would be charged under the National
Accountability Ordinance while the military officials will be dealt as per
Army Acts.
Audit Department had reported to the Public Accounts Committee that
the NLC had obtained Rs4.3 billion loans from banks between 2004 and
2008 for investment in volatile bourses and suffered Rs1.84 billion losses.
The NLC was also paying Rs2.7 million per day on account of markup on
loans illegally obtained to invest in the stock market.
The issue was taken by the Public Accounts Committee under the its
former Chairman Chaudhry Nisar Ali Khan and the report of the subcommittee had held three retired generals, then serving on important posts in
the NLC, and civilian official Saeedur Rehman, responsible for the loss
suffered by the NLC.
On 27th May, Fazlur Rehman said that the establishment was creating
hurdles in the way of JUI-F, adding that if transparent elections were
conducted JUI-F would emerge as the biggest party in the country. The
indifferent attitude of the establishment has forced Baloch youth to move to
mountains and wage war for their rights, he said while addressing Islam
Zindabad Conference held in Kalat.

Recessing economy: On 22nd May, the Nepra notified price hike of


Rs2.38 per unit under the head of the monthly fuel adjustment. This is the
second such rise in power prices in a row as the Ministry of Water and
Power had earlier notified a 16 percent increase in the power tariff just six
days ago. Meanwhile, FBR waived penalties on tax arrear payments in a bid

667

to ensure the maximum recovery of the stuck Rs100 billion arrears. Formal
notifications in this regard have been issued.
Next day, the cash-starved government decided to increase the
existing surcharge on various sectors including CNG, IPPs, fertilizers and
others, a move which would further push down the already hard-pressed
people. The CNG will be Rs15 per kg expensive in the country.
On 24th May, power consumers were under the grip of more than 16
hours load shedding across the country as gap between electricity demand
and supply widened due to decrease in hydel generation and unavailability
of fuel for thermal power plants. The water inflows and outflows at two
major dams are almost the same. At Tarbela, the inflows are 45,400 cusecs
and outflows are 44,700 cusecs while at Mangla the outflows are 43800
cusecs against the inflows 41,300 cusecs.
Next day, electricity crisis continues to plague the country as the
shortfall reached 7,500 megawatts. In several cities of Punjab, residents were
without electricity overnight and are experiencing load shedding of 14 to 20
hours. The finance minister did not still pay dues to PSO, gas companies for
supplying fuel and gas for production of power. Dues to IPPs were not paid
yet.
The All-Pakistan CNG Association announced a complete strike of
gas stations and petrol pumps throughout the country from May 29 in protest
against governments plan to suspend gas supply to CNG stations
permanently or to increase its price to Rs100 per kilogram. The Association
had rejected governments plan to increase CNG price and all taxes imposed
on gas sector.

Provincial disharmony: On 21st May, hundreds of protesters


stormed and torched the Wapda office to protest against long hours of
electricity load shedding in Taunsa Sharif. They also attacked the local grid
station and blocked the Indus Highway linking Karachi with Peshawar for
several hours. They thrashed a DSP and a heavy contingent of police had to
be called in to disperse the mob and rescue the DSP.
The Sindh Assemblys Standing Committee on Privileges may award
six months of imprisonment to PML-N central leader Chaudhry Nisar Ali
Khan if he does not appear before it despite repeated reminders, said
provincial law minister. Soomro was talking to the media after attending the
PA bodys meeting at the assembly building that took up the privilege
motion against the opposition. The motion has been moved by PPPs Imran

668

Zafar Leghari, alleging that Nisar had insulted the culture of Sindh during
his press conference last year.
On 26th May, Shahbaz Sharif asked the people to stand by the PML-N
for eradicating price-hike and power outages. He was addressing a rally
against power outages in Kasur in which Ch Nisar Ali Khan, Punjab
Assembly Speaker Rana Iqbal Khan, MPA Naeem Safdar and Yaqoob
Nadeem Sethi accompanied him.

Baloch militancy: On 21st May, the Supreme Court summoned the


defence, interior and principal secretaries to the prime minister and
Balochistan governor to appear before the apex court in the missing persons
cases. During the proceedings, the chief justice remarked that the time to
suspend officials had gone and now the court would have to take some
action.
Advocate General Balochistan told the apex court that around 16
missing persons were still in the custody of security agencies. He informed
the court that five missing persons, who had disappeared from different
localities of Quetta, were recovered from Karachi. He added that three of
them were being interrogated for their involvement in Lyari violence.
The President of the Balochistan High Court Bar Association
informed the bench that 18 journalists had been killed in Balochistan, upon
which the chief justice ordered the registration of cases on the killings of
journalists. The CJ directed the AG to arrange compensation for the
journalists killed in Balochistan. Home Secretary Naseebullah Bazai told the
bench that incidents of crime could not be curbed as mobile companies were
issuing as many as 60 SIMs to a single NIC. The CJ ordered licenses of
companies that failed to cooperate should be canceled.
Next day, Chief Justice said 80 percent of the allegations with regards
missing persons were against the Frontier Corps (FC). Meanwhile, Deputy
Attorney General announced his resignation during the hearing. The
Supreme Court had summoned the defence, interior and principal secretaries
to the prime minister and the Balochistan governor to appear before the apex
court, however, they were missing from the court proceedings.
The CJ noted that the police had shown no intention in recovering
missing persons, saying that if the missing persons issue was resolved, 60
percent of Balochistans problems would be solved. The SC summoned the
Balochistan Home minister to appear before the court on 23rd May.

669

Justice Khilji Arif Hussain remarked that keeping in view the ongoing
law and order situation of the province it was the responsibility of the
federal government to appoint the most efficient officials in Balochistan
rather than transferring the sitting proficient officers to other provinces. He
directed the Pakistan Telecommunication Authority (PTA) to present details
of SIMs issued by the authority in the province during the next hearing.
On 23rd May, Chief Justice, while hearing cases on the law and order
situation and human rights violations in Balochistan, remarked that if Prime
does not want implementation of the Supreme Courts orders, other options
including emergency were available in the Constitution. He said this during
a dialogue with Khushnood Lashari. The chief justice added that they had no
enmity with anybody rather they were trying to do something good for the
country.
PMs Principal Secretary Khushnood Lashari, Defence Secretary
Nargis Sethi, Balochistan DIG, IG Police and chief secretary appeared
before the court. Chief Justice was irked by the absence of Balochistan
Home Minister Mir Zafarullah Zehri. He ordered the interior secretary to
register a case against him, saying that if Zehri did not want to appear, he
must be arrested and produced before the court.
Addressing Lashari, the CJ told him to visit the province to witness
the on-ground situation, saying that peoples homes were burning, target
killings were rampant and police was helpless, but no one was giving
answers. The chief justice said the provincial capital of Quetta had no-go
areas and that police officers were not willing to work in Balochistan.
Quoting the statement of Salauddin Mengal advocate, Justice Chaudhry
remarked that situation was so grave in the province that you would not find
a Pakistani flag and anthem just 10 miles off Quetta city.
Khushnood Lashari assured the court that they would again bring the
observations of the court into notice of prime minister. The prime minister
had also formed a committee of ministers on Balochistans deteriorated
situation, he added. At this, chief justice observed a member of the
committee had inquired from Sardar Akthar Mengal whether he lives in
Balochistan. How those people who know nothing about Balochistan would
solve issues of the province, he remarked.
People are blaming Inter-Services Intelligence (ISI), Military
Intelligence (MI), Frontier Corps (FC) and other law enforcement agencies,
the CJ said. The defence secretary told the bench that ISI and MI had
prepared a report pertaining to the situation in Balochistan. Sethi also said
670

she had spoken to officials from both these agencies over the situation in the
province.
Chairing a cabinet meeting Gilani had directed his principal secretary
and the cabinet secretary to appear before the apex court in Quetta. A PM
House statement said, It clearly manifests how much the government holds
the Supreme Court in high esteem. Justice Khwaja remarked that Chief
Minister Balochistan Aslam Raisani had been in Quetta for a mere seven
days in the past six months. The hearing was subsequently adjourned to June
1.
Law Minister will chair a committee comprising three federal cabinet
members from Balochistan that will look into the missing persons cases in
Balochistan. Kaira said after cabinet meeting that any operation wasnt a
solution to the problem and the government had already apologized to the
Baloch people.
Kaira said imposition of emergency was the sole prerogative of the
executive and the powers could not be exercised by any other institution or
state organ. He was responding to a question regarding remarks of Chief
Justice. He said the comments should not be interpreted in a sense that the
court was going to impose emergency in the province.
Next day, two people including a Hazara community member were
killed in separate incidents of violence in Quetta and Mand, while a dead
body was found dumped in District Kalat. On 25th May, unidentified gunmen
shot dead three people in Goth Badram of Kalat district. Attackers managed
to escape from the scene after committing the crime.
Next day, two rockets were fired in Quetta, killing one person and
injuring at least 20 others, some of them seriously. Rockets landed at two
different places at the Mannan Chowk, close to the Jinnah Road, while
another landed at a house on the Kansi Road in Basti Punchayat.
In order to address the deeply disturbing situation in Balochistan,
where the number of missing persons continues to increase and mutilated
bodies are dumped in broad daylight, the Supreme Court Bar Association
(SCBA) held a national conference at a local hotel in Islamabad. Speaking
on the subject The Balochistan Issue and its Solution political leaders,
intellectuals, members of civil society and opinion makers agreed that the
politics of the garrison should be replaced by civilian authority that
genuinely represents the will of the people.

671

The conference was attended by the leadership of all the political


parties, including Nawaz Sharif and Imran Khan, besides representatives of
other political parties like the PPP, ANP, Jamaat-e-Islami, Jamiat Ulema-eIslam, Tehreek-e-Istaqlal, Muttahida Qaumi Movement (MQM), PML-Q as
well as nationalist parties from Balochistan. At the end of the conference, the
SCBA issued a unanimous declaration that in parallel to negotiations, all
military and paramilitary operations should be stopped forthwith, and the
Army and Frontier Corps should be called back to the cantonments, besides,
pleading for a peaceful transfer of civilian power.
The conference stressed the release of all political prisoners and
missing persons; appropriate compensation be paid to all those who have
lost their lives or have become disabled rigorous training of the FC and
police for respecting the human rights; and urged religious leaders of
different sects to create the culture of tolerance and religious harmony,
respecting each others beliefs and ideological thoughts.
On 27th May, three persons were killed and eight others sustained
injuries in a remote-controlled bomb attack in out-skirts of Quetta. The
bomb planted underneath a donkey cart went off seconds after a van of
Police passed by, killing a rickshaw driver and two donkey-cart owners;
policeman was among ten wounded.

Turf war in Karachi: On 21st May, six people were gunned down
in separate acts of violence in different parts of the metropolis. Sack-packed
body of a young man was recovered from Shah Waliullah Road. Next day, at
least 12 people, including three women, were killed and 35 others, including
two policemen, sustained injuries in Karachi when gunmen opened fire at a
rally against the demand for a separate Mohajir province. Violence gripped
various city areas after the incident in which 40 vehicles and six shops were
torched.
The Awami Tehrik and the City Alliance, an alliance of various
political groups including the PML-N, Peoples Aman Committee and
others, had announced a rally from Lyari to the Karachi Press Club against
the demand for the division of Karachi. The rally began from Cheel Chowk,
Lyari, and when it reached near Jodia Bazar unidentified armed men
suddenly opened fire on it. Firing incidents were reported from Nava Lane,
Denso Hall, Dhobi Ghat, Ranchore Line, Lea Market and Juna Market.
DIG South Range said that a search operation was under way in the
areas from where the rally was attacked and the situation had been brought

672

under control. Contingents of the police and Rangers finally entered the
disturbed areas to quell the violence and shift the injured to hospitals.
The Rangers raided the office of a certain political party in Ranchore
Lane from where they had arrested four activists and also recovered arms
from their possession. The Awami Tehreek has called for a province-wide
strike on May 23 in protest against the killings. Meanwhile, the situation in
the old city areas remained tense.
Chief Minister asked the Chief Justice of the SHC to assign a high
court judge to conduct an inquiry into the firing on the rally. He also directed
the law enforcement agencies to remain alert across the province in view of
the strike call given by the Awami Tehreek to protest against the killings.
Jeay Sindh Muttahida Mahaz (JSMM) Secretary General Muzaffar
Bhutto, who had gone missing on February 24, was found dead in the limits
of Chalgari police station of Hyderabad. The bullet-riddled body, also
bearing torture marks, was dumped in bushes. In reaction to his murder,
aerial firing was reported in parts of Sindh and vehicles were set on fire.
The party announced 10 days of mourning and a strike to be held
across the province on May 23. Meanwhile, Muttahida Qaumi Movement
(MQM) chief Altaf Hussain condemned the killing of JSMM leader
Muzaffar Bhutto and demanded immediate arrest of the culprits.
On 23rd May, shutter-down strike was observed in across Sindh
against the murder of JSMM leader and attack on Mohabat-e-Sindh (Love
of Sindh) rally organized by the Awami Tehrik. All the major markets in
Karachi, Hyderabad, Nawabshah, Sukkur, Badin, Umerkot, Thatta,
Shikarpur and other towns and cities were closed, while vehicular traffic
also remained thin on roads. However, the public response in Hyderabad
was partial.
Hundreds of people attended the funeral of the murdered leader who
was laid to rest at his ancestral graveyard in Sehwan Sharif. Aerial firing was
reported in parts of Sindh and some vehicles were set on fire. Acting JSQM
Chairman Dr Niaz Kalani, Habib Bhutto and others expressed anger over the
killings in Karachi and demanded immediate arrest of elements involved in
the violence.
Unidentified armed men attacked a truck near Aliabad area of
Nawabshah and set the vehicle on fire. Truck driver Asghar, hailing from
Rahim Yar Khan, was burnt alive along with the vehicle. In yet another

673

incident, unknown persons set ablaze a passenger bus parked near old bus
stand in Sukkur. However, no human loss was reported in the incident.
Five people were killed in separate incidents of violence in the
metropolis. The Sindh Rangers and Police meanwhile claimed to have
arrested over 30 suspects affiliated with different political parties following
attack on an Awami Tehreek rally. The raids were conducted in Ramswami,
Ranchore Lane, Napier Road, Musharraf Colony, Bhorapir, Garden and
Lines Area; 22 kalashnikovs, 11 repeaters and around thousand bullets were
seized.
Prime Minister chaired the meeting of the federal cabinet and took
notice of the killing of people during the rally of in Awami Tehrik Sindh in
Karachi. He constituted the committee under Amin Faheem while the other
members include Maula Bux Chandio Syed Naveed Qamar and Syed
Khursheed Shah. During the meeting Maula Bux Chandio reacted angrily
over the statement of Interior Minister Rehman Malik, when Malik said that
PML-N Chief Nawaz Sharif was involved in backing the culprits of Karachi
killing.
PPP ministers, who assembled at the Chief Ministers House for a
hurriedly-called meeting, came down hard on Interior Minister Rehman
Malik and their ally party, the MQM, for its alleged dubious role in the
campaign for a separate Muhajir province. The ministers exhorted Chief
Minister Qaim Ali Shah, who was chairing the meeting, to raise the issue
with MQM leaders and Governor Dr Ishratul Ebad. Some of the PPP
ministers told the Chief Minister that the conspiracy of a separate province
initiated by certain people could not be ignored as it was gaining momentum
systematically in MQM-dominated areas.
The Culture Minister Sassui Palijo strongly criticized Interior Minister
Rehman Malik, saying that it was shameful that the interior minister was
calling peaceful people from interior Sindh as terrorists. Without naming,
she alleged that Malik always sided with another political party. Palijo said
that the policy of the interior minister was damaging the PPP in
Sindh. Sassui Palijo contacted presidential spokesperson Farhatullah Babar
in the US and informed him about the situation as well as Rehman Maliks
role in this critical situation. The ministers annoyance over Maliks remarks
and his role had been conveyed to President Zardari in the US.
The Pakistan Tehreek-e-Insaf demanded the Supreme Court to take
suo motu notice of the killings of innocent citizens and losses to public
properties by certain evil forces who want to divide Sindh on ethnic
674

grounds. Interacting with the media at the Karachi Press Club, PTIs Arif
Alvi said the government, its allies and the PML-N were equally responsible
for deadly attack and the loss of lives.
Next day, two PPP activists were among six people killed in separate
acts of violence in different parts of the metropolis. On 25 th May, at least
seven people were killed and several wounded when unknown gunmen
opened fire on Swabi-bound bus in Nawabshah. The attackers had asked the
Sindhi passengers to disembark before spraying bullets at the remaining
travelers. President Zardari has called for a report into this incident and has
directed to bring culprits to justice. Meanwhile, six more people were killed
in Karachi violence.
Next day, President Asif Ali Zardari directed the Sindh government to
ensure the arrest of the culprits who attacked the recent pro-Sindh rally in
Lyari that claimed 11 lives as well as to prepare a comprehensive
development project for Lyari and review the complaints lodged against
certain elements on the basis of political victimization. On 27 th May, two
people, including an activist of the Muttahida Qaumi Movement, were killed
in incidents of violence in Karachi.

VIEWS
Power politics
Who am I? At the root of Pakistans ruling elites consistent political
and moral incorrectness is the violation of the conflict of interest paradigm.
The Pakistani ruling elite, both in actual governance and outside of it,
maintain such enormous personal interests that political power has become
an instrument of managing and acquiring wealth, prestige, internal and
external sources of support and maintenance of their economic and financial
power. The ruling elite has become a part of the international mafia of
corporate capitalism in cahoots with the powerful nations of the West that
seek to maintain puppet regimes in this country so that their geo-political
objectives can be facilitated.
In this process of undermining democracy in the pursuit of vested
interests, the ruling elite have formed a princely outlook on the political
governance of the country. They have formed powerful interest groups
resembling political aristocracy; as a result, they are determined to exert
decisive influence on Pakistans political system to consolidate their hold on
power and personal wealth. The corruption of these vested interest groups in
675

todays Pakistan is enormous, sapping away the countrys national strength.


This vested-interest leadership is even claiming privileges of birth (no
wonder, Asif Zardari has claimed hereditary leadership of the Pakistan
Peoples Party and many of the present leaderships wish to pass their political
power on to family members). As a consequence, they are undermining and
destabilizing Pakistans society as a whole.
Indeed, in any society, such outlandish abuse of political power and
privilege would breed anger, frustration, and deprivations, and present-day
Pakistan is no exception. The contemporary chaos in the country is nothing
more than a blatant violation of the political moralism doctrine and its
intrinsic linkage to the conflict of interest syndrome undermining
national democratic interests and institutions.
Let me illustrate my point further with a few more examples: the
PML-N leader, Mian Nawaz Sharif, was morally wrong and politically
incorrect when he said that if a doctors son can be a doctor, why cant a
Prime Ministers son be a politician? A doctors son becoming a doctor
poses no conflict of interest to anyone, let alone to the entire nation but,
political power can exert tremendous influence and falls within the moral
dimensions of conflict of interest principles. It is for this reason that the
Sharifs argument is flawed.
Similarity, Zardaris decision to nominate his son to the partys
leadership is morally wrong, ethically flawed and politically incorrect.
Needless to say, the Prime Ministers son should never have taken part in the
by-election in Multan obviously, it was an act of political immoralism and
incorrectness. The Prime Minister and his son have been accused of massive
corruption: they should resign from their political offices that would be an
appropriate course of political moralism and political correctness. Flouting
the Supreme Courts judgments are acts of political immoralism as well as
acts of political incorrectness: Baber Awan should be in jail, Hussain
Haqqani should be tried in a court of law and the unlawful influence and
nepotism of all ministers, bureaucrats and parliamentarians should be
subjected to due course of law and appropriate legal actions.
Pakistans future existence is tied up with the common citizens
determination and willingness to participate and exert themselves in the
fundamental transformation of its present political culture. The ruling class
(has) failed to see the naked contradiction(s) that they (have) created (in
Pakistan). They (have) expected that(the masses can) be forcibly drafted
to fight a dirty war against popular self-determinationthus, we have to
676

look for the crack(s) in the political-culture that will eventually help and
encourage us to look at ourselves, wrote an eminent political philosopher
recently.
But it is scary to think where we might be in the near future in
Pakistan if a counter-culture against the present political system and
structure never transpires or materializes.
It is time for every citizen to ask: Who Am I? What do I stand for?
Is political moralism meaningless in todays Pakistan? Will it remain
irrelevant in tomorrows Pakistan? That is the vital question. (Dr Haider
Mehdi, TheNation 22nd May)
Will the real Nawaz please step up? Its a bit of a quandary. How
does one attempt an assessment of the politics of the once selected, twice
elected, twice exiled, and repeatedly duped prime minister? After all, the
man must surely know his power politics. You dont become the countrys
prime minister just like that, and that too twice over. But Nawaz did. And he
sent two army chiefs and two presidents packing. He got on the wrong side
of the world by taking the nuclear arsenal out of the closet and survived.
He almost ordained himself the Ameer-ul-Momineen through a spate of
constitutional amendments. He politically outlived a five-year exile and a
treason case to see the back of his nemesis, Gen Musharraf, only to turn the
treason table and seek Mushs trial on the same charges. Hes defied the US
on more than one occasion and yet managed to get Washington to secure his
return to Pakistan, along with Benazir Bhutto.
Lets admit it; you have to be deft at both people politics and private
intrigues to manage all this.
So heres my dilemma. Why does a gentleman with such a
distinguished history suddenly appear lost in the political labyrinth?
Instead of cruising along on a thoughtfully charted political course, Nawazs
progression is becoming more about jolts and stops dictated by
circumstances rather than by design. Proactive politics appears to have been
replaced by reactive realpolitik. Instead of spelling out the terms of
engagement for the ruling dispensation, he seems to be forever fielding the
ball thrown his way by the street-smart president. Since 2008, he has
repeatedly ended up walking back his talk. What is happening here?
A number of factors are in play. Critics accuse Nawaz of only talking
about changing the power status quo but not actually wanting to upset the
apple cart since he is lord of over 60% of the country and also optimistic of
reoccupying the prime ministers sprawling residence.
677

The critique has its logicin essence; Punjab too is a litany of


failures. When the PML-N government took over, Punjabs finances were in
the black not anymore. So, it does make sense for Nawaz and Co to ensure
status quo because they will need the financial and administrative
advantages of incumbency to cover the shortcomings of that very
incumbency.
On the other hand, there is also the question of whether Nawaz has
met too daunting an opponent in the person of Asif Ali Zardari who
outsmarted him by taking him on board to facilitate the ousting of Gen
Musharraf and then forced him into jump ship in the middle of the sea. I
cant help recalling a conversation with President Zardari a long time ago
wherein he said, rather condescendingly and light heartedly, that had he
known that, Nawaz was such a simpleton, he would have made him
friends with BB a long time back. It was a statement made without malice,
or at least I didnt detect any, but a clear indicator that Zardari hardly
considers Nawaz an indomitable adversary. And the fact that Nawaz too has
failed to present a single credible threat to the centre must have bolstered the
presidents already bursting confidence.
Nawaz Sharifs political career has come full circle indeed And
Zardari, the consummate politician, has clearly smelled the putrid odour of
this fear of Nawaz. Thus, he dangles the khaki boogey in Nawazs face to
force him to step back from the precipice every time he dares act like a
genuine opposition force.
The mantra of not doing anything that could possibly derail the
system, in his oft-repeated words, has started ringing hollow because the
possibility of khaki adventurism could not be more remote at this point in
time. The media and judicial landscape of the country stands transformed.
The masses are no longer a silent flock. From domestic politics to foreign
policy agendas, both the GHQ and the presidency are on the same page and
have worked out the happy formula of mutual appeasement and coexistence.
What third force is Nawaz so scared of then, the PTI?
The politics of blow-hot-blow-cold has run its course Simply put,
during the past four years, Nawaz has been rolling with the punches but he
has never put up a real fight. At one point, the PML-N talked of resigning
en-masse from assemblies to pressurize the government into holding early
elections but then very conveniently forgot about this option. Now the
logic goes, we dont want to leave the field open to the treasury and expose
the system to the third force. But the truth of the matter is that Nawazs
678

PML-N does not want to lose control over its own provincial purse strings
and is therefore willing to allow the federal government to carry on with its
plunder of the state exchequer. Simple.
People like Khawaja Asif and Khawaja Saad Rafique advocating a
categorical stance on the issue of the PML-N emerging as a genuine
opposition with clearly defined strategic objectives and not as an element
facilitating PPPs perpetuation in power are turning into lonely voices of
dissent What would a contemporary historian writing about the house of
Sharif say about its legacy: A family with a brotherly duo of a two-term
chief minister and a twice-elected prime minister; a party with make-do
policies aimed at short term electoral gains; a vision bereft of any real desire
to transform peoples life, and mindsets. After years of being in power,
Nawaz had the chance of a lifetime to leave behind a legacy to be proud of.
And perhaps he still can. The question is, will he step up and do
so? (Mohammad Malick, The News 25th May)
The leadership crisis: Politics is hardly ever free from shades of
grey. In Pakistan, it is downright dirty. The verbal assaults, character
assassinations, mutual disrespect, loot and plunder and violence have come
to be considered by the public as norm rather than exception. The
competition is who can shout louder and who can steal more without leaving
a trace.
For a short while, Imran Khan appeared as a knight in shining armour
for the public desperately looking for a real change That hope faded away
as fast as his tsunami of public rallies was matched by a sea of similar
rallies by other political parties. The meteoric rise attracted opportunists and
advocates of pragmatism like a magnet offering their own recipes of how to
win the elections that now seemed distinctly possible. He was talked into
coming to terms with the beaten track of sure seats and ground realities,
synonyms for the status quo precisely what Imran Khan was supposed to
be up against.
Following the traditional route of electoral compromises, he
commenced wooing and inducting old faces with less than illustrious past
disregarding their history of changing sides at the throw of a coin. Most of
them had fallen out or were discarded by their previous comrades and were
waiting in the wings for an appropriate time, seeking to grab another
opportunity with the best odds to back a winning horse
Our nation today is faced with unprecedented economic, political and
social challenges The present dispensation that is a galaxy of the star
679

politicians have run the country to the ground, as they have refused to
change with times. They cherish igniting meaningless controversies and
entangling into legislation that has no impact on the well being of the people
or the progress of the nation.
Extraordinary situations need to be addressed by extraordinary
measures. The political class must change course from the daily dramas of
political manipulation and jugglery to focus single-mindedly on building the
nation and developing the economy. That would require transforming the
political parties into professional organizations. The politicians should
restrict themselves to act on the advice of their think tanks and to prepare
public opinion to sell those ideas and policies. Each ministry must develop
teams of technocrats, engineers and management experts for the planning
and implementation of the schemes.
Only those people that have problem-solving, entrepreneurial and
production skills can put this nation back to the path of progress. There
should be zero tolerance for rhetoric without substance, empty promises and
impractical ideologies that should be left for public meetings. How can
scores of ministers sitting around a table in Cabinet meetings, many of
whom have never done an honest days work in their life and have no other
expertise, except oratory and pedigree to their credit, possibly contribute
anything in nation building? China has maintained a consistent growth over
decades following this policy that should not hurt us to replicate.
The symbolic half-a-minute detention sentence and conviction
awarded to the Prime Minister by a seven-member bench of the Supreme
Court cut no ice with the ruling bunch that rallied around the Prime Minister.
Since they command the majority in Parliament, a vote of confidence was a
piece of cake just as the latest ruling of the Speaker that has further
reinforced the principle of rule by the mob, setting aside the rule of law or
decency. Democracy will be victorious only when the will of the majority is
exercised with responsibility, the court verdicts are respected and
sensibilities are not offended. This form of democracy has protected and
promoted the rulers, but has failed to serve the people, the nation and the
country.
Whether the Prime Minister should resign or not has triggered a
debate on morality that may prove as inconclusive as most other such
debates. Our nation stands divided today more than ever before. Morality
can be applied where the people share beliefs, principles or ideologies that
regulate their lives leading to a universally accepted behaviour within the
680

community not where we place personal loyalty and self-interest above


fairness, care and sacrifice for national causes. Nor where we apply the
principle of an action to be right or wrong for others and not the same upon
ourselves and where our intentions, decisions and actions are all at variance
with each other. How does the Prime Minister plan to address these issues?
(Khurshid Akhtar Khan, TheNation 27th May)

Rule of law
Whose responsibility? One would hardly disagree with Chief Justice
Iftikhar Muhammad Chaudhry addressing Law and Justice Commission of
Pakistan that dispensation of justice is a collective responsibility of the
judiciary and the state. Overall it is the criminal justice system of a state that
includes judiciary, police, legal fraternity as well as the laws and constitution
that are central to providing quick and inexpensive justice to the masses. His
assertion that no system except for one that ensures supremacy of the
constitution is acceptable is welcome. It is such a system that can ensure a
just society where the fundamental rights of the citizens could be assured
and also off stage players like the military kept at bay.
In fact no one knows better than the apex court that unless its orders
are implemented in letter and in spirit, the criterion of supremacy of the
constitution and judiciary cannot be met Given the situation, the state
cannot absolve itself of its duties. Judges regularly complain that police with
all its evils make their job cumbersome. It is here that the states role comes
in; it should provide the resources for improvements in the subordinate
judiciary as well as reform the police force from where starts the initial legal
action including the FIR and the arrest of the criminals. (Editorial,
TheNation 21st May)
Speak no truth: Remember the Haj scam and Sohail Ahmed, the
secretary establishment, who the federal government made an officer on
special duty (OSD) in July last year after he followed Supreme Court orders
and produced before the court the restoration notification for an FIA
investigating officer the government had wrongfully transferred? Well, the
government is up to its old tricks again, and this time, four secretaries in the
Sindh government have been made OSD by the chief minister for pointing
out in an official report the causes of bad governance and politicization of
the bureaucracy. Once again, officials have been punished for doing their
duty and following the directions of the SC, which had, during the hearings
of the Waheeda Shah slapping case, assigned the four secretaries the task of
recommending ways to depoliticize the bureaucracy. Their honest work and
681

fair recommendations, however, have seen them removed from their


positions in what can only be called yet another message from the PPP
government, this time from Sindh, that it has little respect for SC orders and
will flout them where it suits its interests. Indeed, what does it say about the
attitude and mindset of the Sindh government that its chief minister was
unable to swallow a report highlighting that out-of-turn promotions,
frequent, abrupt and whimsical transfers and postings, ad-hoc charges and
lack of respect for tenures are the main causes of the bureaucracys
inefficiency, as well as a reason for bad governance and misrule? What did
the chief minister find so offensive about a report that recommended that
public office holders be held accountable in cases where they threaten or
misbehave with government servants as happened in the Waheeda Shah
case?
The civil service is a very important part of the state machinery, which
substantially contributes to what a government accomplishes. But if the
government itself begins to target and victimize the bureaucracy, it will
become difficult for the civil service to carry into effect the policies of the
political executive and coordinate the functions of various government
departments. The government should be carrying out a radical restructuring
of the existing bureaucratic order and holistically reform institutions.
Instead, it treats public officials as if they were not the servants of the state
but of those wielding power. Any attempt by honest civil servants to bring
the high and mighty within the law is deemed an unpardonable act. Such
was the fate also of the four provincial secretaries in Sindh. However, the
bureaucracy also bears some responsibility for its politicization. There is no
dearth of officers who are keen to dance to the tune of their political patrons.
But the main fault lies with a political culture that encourages such
behaviour on the part of the officials. It is this rotten political culture that the
chief ministers actions are symptomatic of. The four provincial sectaries
must be immediately restored. (Editorial, The News 25th May)

Defiance of judiciary
SC proposes, Speaker disposes: The verdict has raised the morale of
the prime minister, though at the same time it has also sparked a new
controversy about the powers of the Speaker. She has made ineffective the
judgment given by a seven-member bench of the Supreme Court against Mr
Gilani. People ask if the NA Speaker is someone wiser and more powerful
than the countrys top court. Is she infallible? If so, then every MNA is free
to commit contempt of court and then take refuge under the umbrella of the

682

Speaker. Needless to point out that already the PPP leaders are targeting the
judiciary on various pretexts.
As things stand, the Speakers ruling holds the field and enables the
prime minister to stay in office unless some other order overrides it. Nobody
knows how long such an order will take to come by. Political circles are of
the view that by giving her ruling the Speaker has compromised her
impartiality and has established once again that she is only loyal worker of
the ruling party and can do anything to serve the party interest.
That her ruling will benefit the prime minister had become clear from
the views she had expressed in a recent TV interview. She had negated the
impression that her role in the present case is only that of a post office.
Substantiating her argument, she said if she was supposed to work just
as a post office the Constitution would not have given her 30 days to make
up her mind on how she should deal with the matter. Her assertion that
parliament has supremacy over the Constitution was yet another clear
indication of the kind of ruling that could be expected from her. In fact, all
other answers were also in line with the policy of the ruling party.
Now a new round of litigation is expected to start. Petitions may be
filed in the Supreme Court against the Speakers ruling. Arguments will be
made about the maintainability or otherwise of such petitions and then after
a long time some order could be expected from the court.
Till then, the Makhdoom of Multan would comfortably stay in the
driving seat (Ashraf Mumtaz, TheNation 25th May)
A speaker and a prime minister: When it first became known that
National Assembly Speaker Dr Fehmida Mirza may hold the key to Yusuf
Raza Gilanis future as prime minister, we had written that her decision on
whether to send the disqualification reference against the PM to the Election
Commission will be as much a testament to the level of her own integrity
and uprightness as it will be a move deciding the PMs future. There is only
one right course of action and one hopes the speaker will stand up for the
law and not for parochial loyalties. Unfortunately, the speaker has chosen to
embrace the latter to dress herself up in party colours rather than upholding
the democratic norms of neutrality expected of a speaker, and the adherence
to law expected of a lawmaker. Dr Fehmida could have shown herself to be a
real stateswoman and truly spoken for the democracy her prime minister is
so fond of boosting about. Unfortunately she did not. Already, her decision
has been challenged by legal experts across the political divide while the

683

PPPs political opponents have threatened to challenge her decision in a


court of law.
The PML-N has condemned the ruling in the strongest terms and
Chaudhry Nisar Ali Khan has clearly said Dr Fehmida took the decision as a
PPP activist, at the expense of her duties as NA speaker. Legal experts have
also expressed reservations about her decision, arguing that after the
Supreme Court has already ruled on the matter, the speaker has no powers
regarding the disqualification of any member of the National Assembly. So,
what should we expect in the days ahead? There are two likely turnouts: one,
that the ECP will now consider the SC judgment directly, in which case it
would first have to declare that the speaker has no constitutional powers to
dismiss the judgment of the apex court; and two, that the administrative
order of the speaker will be challenged in the Supreme Court itself. In the
first scenario, if the ECP gives a ruling contrary to Dr Mirzas and declares
her decision unconstitutional, it will bring the office of the speaker and
parliament into disrepute and we will only have Dr Fehmida to blame. In
the second scenario, another long cycle of judicial wrangling will be
unleashed. Neither scenario will be the victory for democracy Prime
Minister Gilani has so confidently declared. Indeed, trust this government to
create another controversy: we have been seeing a judiciary-executive
confrontation, and now we have a judiciary-legislature conflict as well. We
had expected a constitutional decision from the speaker but she has delivered
a political one. With her ruling likely to be challenged in a court of law, Dr
Fehmida may have bought more time for the prime minister, but she has
only earned bad name for herself. (Editorial, The News 26th May)
Loyalty trumps law: Imagine that the speaker had given a ruling
different from the one that she has. Imagine that she had risen above party
loyalty, as required by the mandate of her office, and allowed the question of
the prime ministers disqualification to proceed to and be decided by the
Election Commission, as required by the Constitution. Imagine that she had
not chosen to do what Aitzaz Ahsan suggested she might do while
addressing a press conference the day the Supreme Courts short order
convicting the prime minister was announced. Imagine that she had chosen
to do the right thing and exercise her powers judiciously, even at the risk of
being labeled a traitor within her party. Would that not be shocking? Would
it not confuse us and force us to re-evaluate our cynical view of our ruling
elite?
Thankfully, the speaker has saved us the trouble for such rethink. The
speakers ruling was always expected to be part of the larger PPP strategy
684

contrived to confront the situation arising out of the prime ministers


contempt conviction. The die was cast when Aitzaz Ahsan-PPPs now
favoured constitutional magician-cleverly suggested that the speaker could
independently decide that the prime minister had not been charged for
ridiculing the judiciary and consequently no question of disqualification
under Article 63(1)(g) could arise. The shameless resolution passed by the
National Assembly in support of our convicted prime minister had further
established that for the ruling regime it was all about winning. And to win, it
was willing to fight dirty.
Here is why the speakers ruling is wrong. In determining the issue of
disqualification of a member in a contempt of court matter, Article 63(1)(g)
prescribes two requirements: one, there be a conviction by a court of
competent jurisdiction; and two, the conviction should be for actions that
prejudice the independence of the judiciary or bring the judiciary into
ridicule. The Supreme Courts ruling in the prime ministers contempt matter
unequivocally stated that the prime minister had acted in a manner that
brought the judiciary into ridicule. That the apex court is a court of
competent jurisdiction is also beyond doubt. Thus, after the Supreme Courts
detailed ruling there was no ambiguity that the prerequisites for triggering
the disqualification process under Article 63(1)(g) had been satisfied.
It is true that the court did not state that the prime minister stood
disqualified under Article 63(1)(g) and allowed the constitutionally
prescribed process under Articles 63(2) and (3) for effecting
disqualifications of members to run its course. By abusing the authority
vested in her under Article 63(2), the speaker has stalled the constitutional
due process. She has decided that despite the prime ministers conviction by
the highest court of the land for committing contempt of court and ridiculing
the judiciary, no question of disqualification has arisen under Article 63(1)
(g), merely because the show-cause issued to the prime minister didnt
mention the said article.
The speaker is vested with limited authority under Article 63(2) to
determine a question of fact, and not one of law. It is true that she is not a
post office and has to consciously determine that an alleged fact that raises a
question of disqualification in fact exists. But she can exceed this authority
to ask whether a question of disqualification has rightly arisen or not. The
authority to make such substantive legal determination of whether a member
ought to be disqualified has been vested in the Election Commission under
Article 63(3), but usurped by the speaker in the present instance.

685

Additionally, the objection that the Supreme Court has declared the
prime minister guilty of ridiculing the judiciary while not stating in the
charge sheet that the prime minister will be tried for breach of Article 63(1)
(g) is a legal ground for appeal against the said order. The prime ministers
legal team has reportedly identified gazillion errors in the contempt
judgment, and it has every right to do so. But those questions need to be
raised before the appellate bench of the Supreme Court during the appeal
process and decided by the court itself.
In taking into account such legal grounds of attack against the
contempt ruling while discharging her limited function under Article 63(2),
the speaker has elected to sit in judgment over a ruling of the Supreme
Court. That is impermissible under our constitutional scheme. The speakers
decision is thus incorrect. But it cannot be called illegal until a constitutional
court declares it to be so. So for now, the Election Commission has no
relevance to this controversy, as there is no question of disqualification
transmitted to it that it needs to decide. The ruling has however given rise to
a question of constitutional interpretation, and it is only a matter of time
before the speakers ruling will be challenged before a High Court or the
Supreme Court.
As the matter involves interpretation of Article 63, determination of
the scope of the speakers authority, and the considerations she can lawfully
take into account while discharging her responsibility under Article 63(2),
this matter will eventually have to be determined by the court. Those
claiming that our constitutional courts cannot determine the legality of the
ruling issued under Article 63(2) are mistaken. One, there is no ouster clause
in the Constitution prohibiting the courts from interpreting the meaning of
Article 63(2) and the scope of the speakers authority pursuant to it. Article
69 only prohibits courts from questioning the validity of proceedings of
parliament and doesnt relate to an action of the speaker under Article 63(2).
Even otherwise, it is settled law that even an ouster clause doesnt
afford any protection to an unconstitutional act one without jurisdiction or
based on mala fide. Our constitutional courts will need to interpret the
meaning of Article 63(2) and identify the considerations that the speaker can
legally take into account while determining whether or not a question of a
members disqualification has arisen. Judicial interpretation of this matter is
required in the interest of legal clarity. If it is accepted that the speakers
determination on whether or not a question of disqualification has arisen is
infallible and no matter how irrational or whimsical her decision there is no

686

legal remedy against it, Article 63(1) will be rendered redundant to a large
extent and no member of the ruling regime will ever face disqualification.
The flawed proposition that political accountability in a democracy is
a suitable substitute for legal accountability has no place within our
constitutional scheme that balances separation of powers with checks and
balances. The speakers partisan ruling has highlighted the need for judicial
interpretation of Article 63(2). But in doing so the courts must not proceed
with such fervour and dispatch that undermines their claim to being neutral
arbiters of the law. There is no doubt that while the determination of a legal
controversy lingers some injustice is perpetuated. By that is true for all the
hundreds of thousands of cases pending before the courts, and not just for
the prime ministers conviction matter.
While a speaker can get away with partisanship, the court cannot. If
the ruling regime succeeds in projecting the prime ministers contempt
matter as a duel between the PPP and the Supreme Court, what will be lost is
the credibility of the judiciary. Skies wont cave in even if the prime minister
continues to lord it over this pitiable country for an extra few months while
legal processes grind along and we inch towards elections. But then you
wonder about the PPPs game plan. Forget doing the right thing, wouldnt
dropping the bag of bricks that Gilani has become and bring in a clean(er)
guy to lead the party into polls be the intuitive thing for it to do? But then
would we be in such a mess if our rulers started doing the logical thing?
(Babar Sattar, The News 26th May)
Prime ministers disqualification: The constitution of Pakistan
(Article 631g) clearly lists conviction by a court of competent jurisdiction
as grounds for disqualification of an MNA. The speaker of the National
Assembly stands guilty of misreading the facts of the case, and the
constitution. This is the paramount reason that interpretation of the
constitution is the sole responsibility of the Supreme Court. This is yet
another attempt to ridicule the SC by this irresponsible government. (Tariq
Nazir Syed from Rawalpindi, The News 26th May)
A trifle partisan? National Assembly Speaker Dr Fehmida Mirzas
decision not to forward a reference to the Election Commission against
Prime Minister Yousuf Raza Gilani, smacks of being partisan. The stand that
Dr Mirza has taken was widely expected, as it falls in line with the
governments position in support of the Prime Minister, after his conviction
by the Supreme Court. It borders on the ridiculous, even farcical, to be faced
with a situation where one is at a loss to understand whether the final
687

authority in determining contempt of court and its implications rests with the
highest judicial authority in the land or the Speaker of the lower house. Dr
Fehmida Mirzas ruling presents the following argument for not forwarding
the Prime Ministers case to the Election Commission. I am of the view that
the charges against Yousuf Raza Gilani are not relatable to the grounds
mentioned in paragraph (g) or (h) of Clause (1) of Article 63; therefore, no
question of his disqualification from being a member arises under Clause (2)
of Article 63 of the Constitution.
There exists considerable legal opinion, which has voiced concern that
the Speakers ruling may not be consistent with the demands of the
Constitution. Other than a dangerous precedent being set, it lays the ground
for yet another round of confrontation. Whether between the Executive and
the Judiciary, or the government and the opposition, which will certainly not
let the matter rest in an election cycle. Some even point to the dire warning
recently given by Chief Justice Iftikhar Muhammad Chaudhry, during the
course of hearing another case, that if the government did not implement the
court orders, an emergency might be imposed in the country. Such
predictions are not to be made lightly, nor taken lightly.
While feeling hurt at the letter written by the Assistant Registrar of the
Supreme Court to the Speaker, Dr Mirza, in fact, betrays ignorance of
normal procedure followed in government offices, where even a Section
Officer is authorized to issue orders on behalf of the President of the country.
The space given to it in the text of her ruling, in any case, suggests that the
argument has been needlessly stretched at the cost of the point at issue. The
Speakers ruling will most likely prompt some concerned citizen to file a
petition in the Supreme Court. It is not yet the end. (Editorial, TheNation
26th May)
May musings: Corruption and possession of political and executive
power make for a lethal mix. When the highest courts are defied and norms
of justice and fair play disregarded to serve personal and partisan interests
(the latest instance is the NA Speakers ruling on the Supreme Court
judgment), where to turn to for remedy and relief.
Can or will the people rise to take care of the evil-doers? Do we have
in the opposition the will and the sagacity to mobilize people to mount a
massive resistance? Do people and leaders know what they want and how a
new order and a better system can be brought into play?
In the earlier times, the solution was quick and simple. The guardians
of our frontiers would pick up the pieces and grab the helm. Hemmed in as
688

they are, by constraints and compulsions, internal and external, and


cognizant as they are of the formidable challenges of all sorts, rightly are
they hesitant to move in. Good that they will not walk in. But the influence
they wield could possibly be pressed into a meaningful service.
Let them keep away, but there is no harm in their extending a firm
advice for early elections under a competent and upright Chief Election
Commissioner. (Inayatullah, TheNation 26th May)
Contradictions in all that we do...: Justice is the current key word
in our national lingo. It appears that the Speaker of Parliament has chosen
to interpret the ruling of the Supreme Court in the contempt case and found
that it did not warrant a disqualification or removal of the PM. This is quite
like some of our non-scholarly clergy, who chooses to interpret Quranic
verses according to their personal vision and limited knowledge. Although
our Speaker cannot be called non-knowledgeable, the fact remains that she
and her family cannot be expected to take a position against the political
party to which they owe everything. Thus, anybody who expected any other
ruling from her needs to go back to the school of Pakistani politics. The
nation remains confused in the middle of all the legalese and most of us have
become half-baked lawyers ourselves after reading all the arguments given
on both sides. However, the perception remains that there has been a
contempt of court, which has not been adhered to.
The PPP, in view of the Speakers ruling, may not even file a review
petition in the Supreme Court. The parties in opposition have begun to plan
their responses and actions in the light of this development. We can only
hope that protests will remain peaceful and no loss to life and property is
caused as witnessed in Karachi a few days ago. (Tallat Azim, TheNation
26th May)

Baloch militancy
Ominous warnings: Can the Supreme Court solve the highly
complicated issue of Balochistan all on its own, without any help from the
other institutions of state? Certainly, this is the challenge it seems to be
facing right now, with the two-member SC bench hearing the case of the
collapsing law and order in Balochistan desperately attempting to get other
institutions to act. When Chief Justice Iftikhar Chaudhry has to resort to
warnings about the imposition of emergency, the threat acquires an
altogether different significance and cannot be over-emphasized. It is a
689

telling indication of the extent to which Balochistan is on the brink of


disaster. Indeed, this can only be a clarion call for the rulers to awaken from
their self-imposed slumber and take charge of a province that is fast sliding
towards chaos. For, as the CJ reminded all major political players on
Wednesday, non-implementation of the Constitution has led to martial law in
the past. Given the destruction wrought during periods of army rule, there is
no room for anymore such experiments and that is what the CJs warning
was really about: asking the government to follow the law and give the
people of Balochistan their basic rights under the Constitution lest the
situation worsens and brings even more ruin.
But all that the government has offered is a hollow list, presented by
the prime ministers principal and defence secretaries, of measures taken to
stabilize the province. The CJ wanted to know why the PM had never
summoned Balochistans governor or chief minister over the security
situation. Indeed, why is the committee formed by the prime minister to look
into Balochistan not only clueless about the problems plaguing the province
but has never even bothered to visit Balochistan? Why isnt the prime
minister taking it to task for not doing its job? Balochistan Chief Minister
Nawab Raisani has only spent seven days in the province in the last six
months. This is criminal. But what is even more criminal is that the federal
government is taking no action against him for being absolutely indifferent
to the burning province. The PMs principal secretary had little to say when
asked why the PM was unmoved. The court has also taken stern notice of the
failure of the Balochistan home secretary to appear before it and ordered the
interior secretary to act against him. We all know where this problem of
defiance to the courts stems from.
The court has made it quite clear it intends to uphold the Constitution
at all costs, and warned the government of the urgent need to do just the
same. It has also pinpointed the problems of Balochistan, including the role
of the Frontier Corps and other agencies in taking people away while the
provincial police remain helpless. That the problems are known should make
them easier to tackle. Everyone will now be watching what actions the
government takes and whether it possesses the capacity to rise to the
challenge. Balochistan needs a real, working political setup not an orgy of
the powerful whereby the provinces resources have been divided among
politicians on the basis of individual clout and a security establishment that
operates entirely above the law. CJ Chaudhry will not head the SC forever.
Governments and prime ministers will also come and go. But Pakistan is
here to stay and so is Balochistan. The government would do well to
690

remember that boundaries change when attitudes dont. Pakistan was carved
out of India because a communitys rights were denied. Bangladesh didnt
happen by chance. If history is anything to go by, Balochistan cannot be
taken for granted anymore. (Editorial, The News 25th May)

Turf war in Karachi


An unfortunate reaction: Though bloodletting has become a matter
of routine for Karachi, thanks to the ruling coalitions misconceived greed in
keeping their hold on power, the gory events of Tuesday are the outcome of
an entirely different but certainly divisive issue. It is the call for creating a
Mohajir province out of Sindh, an issue that was bound to come up
following the federal setups move to carve a Seraiki province out of Punjab.
In fact, the demand for a separate governing unit for southern Punjab was
made to strengthen the then dormant question of mohajirs, settled in Sindh,
having a province of their own. Recall the plan to establish Jinnahpur. The
peaceful citizens participating in the rally taken out to protest against the
demand for a Mohajir province, 14 of whom lay dead, and 51 who were
injured as a result of hostile attacks by unknown persons stand witness to the
inherent evil of disturbing the current governing structure of the country.
Both public and private property houses, a bank, shops, cars and
motorcycles were torched by the rioting public.
The Nawa-i-Waqt group has been in the forefront warning against this
mischief, which carry the implications of violence and disarray. This group
has been urging, in these columns and elsewhere, not to fiddle with the
present structure of the country sanctified by the Constitution. Whatever the
compulsions, now definitely is not an appropriate time for any such
fissiparous move. Already bogged down in attempts at protecting local
interests, the leadership must beware that they would be sounding a death
knell to the countrys unity if they went ahead with further dividing it into
more governing units. Today, Pakistan is facing daunting challenges and
there can be no better way to overcome them than to have complete unity in
our ranks.
Mr Ayaz Latif Palejo, President of the Awami Tehreek (AT), who led
the Love Sindh Rally, felt so outraged that he vowed to avenge the blood
of victims. These murders will not go unnoticed. Those shedding blood on
the streets of Karachi will be held accountable, he declared at a press
conference. He also announced a wheel-jam strike beginning from Tuesday
evening to Wednesday evening across the province of Sindh. Obviously
pointing a finger at the provincial government, he alleged that the police left
691

the area right when the shooters began indiscriminate firing. Mr Palejo
charged that while containers were placed in the way of ATs rally, the proMohajir province rally faced no such hurdle. We once again sincerely urge
the federal government as well as all other political parties not to open the
Pandoras Box of provinces and put an end to this highly controversial idea
that carries disastrous implications. (Editorial, TheNation 24th May)
More lawlessness: The attack on a passenger bus on its way to Kohat
from Karachi that left 10 people dead and injured 25 others should wake up
everyone responsible for maintaining the countrys security. Such grisly
incidents have become quite common, which indicates that the police and
other law enforcement agencies need a drastic overhaul. The bus was
stopped near the area of Nawabshah, where gangsters with automatic
weapons sprayed it with bullets at point blank range. The assassins dropped
a leaflet mentioning a terrorist organization based in Sindh.
This modus operandi of the killers bears close resemblance to
previous attacks on passenger coaches occurring in Gilgit and Balochistan.
Whoever is involved, it is clear that they intend to create lawlessness as a
means to spreading general anarchy in the country. Like always, an inquiry
has been initiated by the Federal Interior Minister, Mr Rehman Malik, which
is the traditional practice that speaks volumes about the way his government
approaches such serious incidents. The killers, as in previous cases, will
remain at large. With already so much violence going on, these attacks add
to the citizens fear and shake their confidence in the state. We have seen the
authorities failing to curb lawlessness in Balochistan, where things are on
the edge. If it is a foreign hand, as the intelligence agencies maintain, it has
to be proven and stopped immediately. (Editorial, TheNation 27th May)
Karachis need for a solution: Taking notice of the killings in
Karachi, CM Sindh established a Judicial Commission, headed by a judge of
the Sindh High Court, to probe into the matter. Likewise, the federal
government formed a Committee comprising four Federal Ministers, headed
by Amin Fahim. It is a fact that when governments lack political will to deal
with issues, they constitute committees and eventually matters are pushed
under the carpet. Hence, to bring permanent peace to Karachi, here are some
suggestions:
All stakeholders need to demonstrate their sincerity and seriousness
about the Karachi situation.
Political parties must commit to eliminate the criminal elements from
their ranks.
692

Appointment of a full-time Home Minister to look after the law and


order of the city.
More powers should be extended to the Police and Rangers to
maintain the law and order.

Depoliticize the police force.

Increase the number of police force, according to the citys


population, as presently over 50 percent of the force is deployed for
the protocol and security of the politicians and other VIPs.
Modern training and technology, including sophisticated weapons and
communication systems, must be provided to the Police.
Unfortunately, the police during the Lyari Operation was not as
equipped as the criminals, creating a serious threat to their lives and
that of the public.
Close coordination among secret agencies looking after the states
security and the timely exchange of information between them is
must.
The government, its coalition partners and the people need to support
the police or rangers against those who are involved in heinous
crimes. Nobody should try to protect them.
Finally, we must remember that no plan or policy can be successful,
unless the people at the helm of affairs are not sincere. The political forces in
Karachi must advice their workers and supporters to show tolerance in
dealing with each other, regardless of the language they speak or the
province/city they belong to. Karachi is Pakistan and all Pakistanis have an
equal right on the citys resources; no individual or political party can claim
that it has more rights than others. (Waheed Hussain, TheNation 28th May)

REVIEW
The Speaker of National Assembly despised being labeled as post
office while dealing with the conviction of Gilani in contempt of court
case. Any Jiyala or Jiyali would have thought that way, because a post office
is supposed to act as custodian of amanats handed over to it by public, never
betraying the trust by indulging into khiyanat.
Perhaps, it has been for this reason that this phrase was looked down
upon so vehemently. Well before announcing the ruling in the case of Prime
693

Minister Gilani, the Speaker had vowed not to act as post office. This was in
accordance with the directives she had received from the Scoundrel and the
Saint and also the advice she had solicited from legal experts within the
party.
In her endeavour to look Bold and Beautiful, Begum Fehmida Mirza
faltered on many counts while giving her ruling. She based it on the same
argument, or line of defence, which was taken up by Aitzaz during
defending his client and turned down by the Supreme Court. She even
preferred to borrow his words reflecting complete like-mindedness of
Jiyalas and Jiyalis.
She took full month, despite getting plenty of advice, guidance and
even dictation both open and behind the door, to deliver what her loyalty to
the party leadership demanded. She came up to the expectations of the
Scoundrel and earned his favours, not only for herself but also for her spouse
and the son.
It looked so easy for a lady doctor to over-rule a legal verdict given by
seven judges of the apex court. They had detailed examination of the culprit
Gilani and meted out treatment which he deserved, or badly needed. The
Scoundrel sought second opinion from Dr Fehmida and she declared him fit
in all respects; legal and moral rules have no value in diagnosis carried out
according to medical science.
The decision of PPPs top leadership not to file intra-court appeal was
coordinated before hand with the ruling of the Speaker. This reflected the
mind of the Scoundrel and his cunning advisers like Aitzaz Ahsan. By doing
so he conveyed several messages to the judges and his adversaries
supporting independence of the Judiciary.
Out of these the one that relates to the Supreme Court as final judicial
authority, especially in deciding the Constitutional matters, is the most
significant. The government has indirectly conveyed that after the ruling of
the Speaker National Assembly there can be no appeal filed in any court or
constitutional forum. Begum Mirza is the final authority in such matters. She
is one-person Supreme Judicial Council to decide constitutional issues.
The apex court and legal experts may think otherwise, but that would
mean nothing to defiant duo of the Scoundrel and the Saint. That means that
the PPP leaders, of course with the support of coalition partners, have
planned to confront the Judiciary and continue defying its verdicts at will,
irrespective of the consequences.

694

As said in an earlier article soon after April 26 verdict in the contempt


case give an inch to a hardened criminal, he/she would take a yard has
been fully vindicated by the Speakers ruling and Scoundrels decision not to
file an intra-court appeal. And, quite ironically, this indecent edict has been
proved valid by a person who is known to be the most sober and sensible out
of all the Jiyalas and Jiyalis.
Her ruling has been an ultimate form of ridicule of the Judiciary far
more sophisticated than for what Gilani was convicted, yet the judges have
to digest it rather than taking suo moto notice of the offence committed by
the Lady Mirza. For all this the judges have to blame none other than
themselves.
Out of all the character traits a judge must possess, the quality of
moral courage is most important. He must have the courage to call a spade a
spade in much clearer words than those of Khalil Jibran quoted by a judge in
additional note attached to the detailed judgment.
Certainly, the seven judges on the bench lacked this quality; instead of
expressing the truth with all its bluntness they preferred to take refuge in
references and cross-references to various Articles of the Constitution and
clauses of other relevant laws pertaining to the case. The one who chose to
call a spade a spade, he too opted for borrowing few lines from Khalil
Jibran. The result is before the entire nation. What the seven men wearing
hoods proposed, woman covering half her head with dopatta disposed.
Meanwhile, the turf war had been raging in Karachi mainly amongst
mafias patronized by three political parties. But, the war was so well
controlled by the respective leadersips since return of the democracy to
Pakistan that despite their conflicting interests it remained restricted to the
port city.
The check on its escalation was necessitated primarily for two
reasons; to keep the ruling coalition intact and block entry of a fourth force
into the arena from where enormous amount of cash and land could be
grabbed as fruits of democracy. The democratic system needed to be
preserved and allowed to flourishing.
This worked well till the time the respective political parties could
understand the hypocritical niceties of this strategy. The activists of the
PPP from Lyari somehow failed to match the hypocrisy of their leaders and
bitterness started appearing in the party. When Zulfikar Mirza decided to
quit Sindh government and the cat slip out of the bag.

695

Over time the Lyari Gang developed differences with party leaders
and Zardari preferred to preserve the coalition with the MQM and decided to
nip the evil in the bud that had sprouted within his party. Zardari ordered
operation in his partys stronghold and thus committed a rare mistake in
power politics; he stretched the loyalties of party activists beyond tolerable
limits.
The political adversaries tried to make inroads into Lyari with the help
of disenchanted activists of PPP, which was resisted by the Sindh
government. When all these parties joined hands to stage a rally to protest
against the demands for the division of Sindh, MQM disapproved of it and
reacted in familiar manner in which it excels. Twelve people were killed
when unknown gunmen opened fire at the peaceful rally.
Attack was widely condemned, including the MQM, but people of
Lyari and nationalist leaders were quite vocal in resenting the spilling of
innocent blood. Only a day later, yet another group of unknown gunmen
ambushed a KPK-bound bus and sprayed bullets at the passengers after
Sindhis were told to dismount.
This was gruesome act of terrorism, apparently to put blame on Sindhi
nationalists. However, nationalists condemned the incident and demanded
impartial probe. That is how an ugly turf war in Karachi turned uglier and
was likely to engulf the entire province.
28th May, 2012

696

IN THE REGION-VIII
Zardari was invited to NATO Summit in Chicago only after the West
read, or misread, statements of Gilani and Hina Rabbani after their visit to
the United Kingdom. From these statements the West inferred that Pakistan
was about to allow resumption of NATO supplies through land routes.
Once they realized that their optimism was unfounded, Obama
snubbed Zardari by refusing to grant him audience. He even ignored
showing customary courtesy as a host towards a guest. Post-summit news
from Washington had been all about exerting pressure, especially in
financial terms.
As regards Afghanistan, Chicago Summit made no significant impact,
except reiteration of the old commitments. Some countries, like France, were
not willing to go the spelled out distance and wanted to pull out their troops
earlier. The US, however, managed to pass the buck of the financial burden
of the occupation on to Europe and had already managed an agreement with
Karzai for stay of its troops till 2024.
Baghdad meeting of P5+1 failed in taming Iran despite dangling of
juicy carrot of incentives. Iran as usual remained steadfast in spite of
feeling the pinch of sanctions. All the participants have now started looking
towards Moscow where next meeting is scheduled to be held.
697

Indian Home Secretary visited Pakistan and discussed various issues


with his counterpart, but he pressed hard for action against those involved
in Mumbai attacks. Reportedly, he offered $10 million for handing over
Hafiz Saeed to India; the offer seemed continuation of bargaining that
started during Zardaris visit to New Delhi after fixing of head-money by the
US.

NEWS
Pakistan: On 21st May, NATO leaders called on Pakistan to reopen a
key supply route into Afghanistan as soon as possible after talks with
Islamabad on the border crossing faltered. In a declaration at a summit in
Chicago, the alliance expressed appreciation to Russia and Central Asian
governments for allowing supply convoys through their territory and said
NATO continues to work with Pakistan to reopen the ground lines of
communication as soon as possible.
The countries in the region, particularly Pakistan, have important
roles in ensuring enduring peace, stability and security in Afghanistan and in
facilitating the completion of the transition process, the declaration said.
We stand ready to continue dialogue and practical cooperation with relevant
regional actors in this regard, it added.
US and Pakistani officials had predicted an agreement would be
reached by the time NATO gathered in Chicago, but the negotiations became
deadlocked over Islamabad's demand to charge steep fees for NATO trucks
heading to Afghanistan. US officials rejected Pakistan's proposal to charge
thousands of dollars per truck and have also refused so far to issue an
explicit apology for the death of the Pakistani soldiers in the November air
strikes.
President Zardari's attendance at the Chicago Summit had raised
expectations the route would be reopened but he did not meet President
Barack Obama and a scheduled session with NATO Secretary General
Anders Fogh Rasmussen was called off. US officials could not predict when
the impasse would be resolved after Zardari met US Secretary of State
Hillary Clinton.
In the absence of a US-Pakistan deal so far to reopen the routes for
NATO supplies to Afghanistan, President Zardari was preparing to leave
Chicago empty-handed, The New York Times reported. US President Barack
Obama remained at loggerheads with President Zardari, refusing even to
698

meet with him without an agreement on the supply routes, the Times said. It
also cited officials in both countries as saying a deal would not be coming
soon.
Later, US President Obama and President Zardari met briefly on the
sidelines of Chicago Summit. Addressing a press conference Obama said
talks with Pakistan on reopening of NATO supply routes are in progress. He
said Washington wanted an improvement in ties with Islamabad and could
not ignore the difficulties being faced by Pakistan.
General Kayani reacted cautiously when questioned about the
outcome of the Chicago Summit and said that the expectations of both sides
had been not fully fulfilled. In an informal chat with media after the dinner
in honour of Tayyip Erdogan Kayani said the situation would become clear
when the delegation returned home. He did not comment on the view that
Pakistan had asked for the payment of $5000 for the passage of every
container from Pakistan to Afghanistan. To a query General Kayani said that
he hadnt scheduled any visit to the United States even before the Salala
incident and no such visit was on the cards now. This is sheer kite-flying by
foreign media, he remarked.
Almost a year after the attack on PNS Mehran in Karachi, three
Pakistan Navy on-duty officers were sentenced by the court martial for
showing negligence and dereliction of their duties, leading to the brazen
attack on the naval installation. Spokesman of the Pakistan Navy said: I
cannot disclose the names and the sentences awarded to naval officers
Four armed members of defunct Lashkar-e-Islam (LI) and a volunteer
of Tawheed-ul-Islam (TI, a Zekha Khel tribe peace militia) were killed in
skirmishes between the two armed groups. The killings were reported from
the Bukkar area of tehsil Landi Kotal. The battle was continuing till filing
the report and it forced the locals to stay indoors or to flee the area.
PML-N is not willing to join the long march of Difa-e-Pakistan
Council (DPC) which is going to stage from Karachi to Islamabad on May
27 to resist resumption of the NATO supplies to Afghanistan through
Pakistan territory. Sources in the party say that the PML-N wants to distance
itself from the Council on the question of long march for various reasons.
The DPC includes those which hold an extreme view against America
and are swayed by that sentiments without having much stakes in elections
and their objects as such, stand in contrast with that of the PML-N, which
has to contest elections and also has reservations on resumption of NATO
supplies but is acting according to its viewpoint to deal with the issue.
699

Next day, PPP Chairman Bilawal Bhutto flew into Washington with a
message for the White House. I urge President Obama to show some
courage. I understand he is running for re-election but if he is the same man
who inspired the world with his message of hope and change, the future of
the NATO mission in Afghanistan should be more important than poll
numbers. Pakistan deserves an apology.
Turkish prime minister, while addressing a joint press conference with
his Pakistani counterpart, said it respected Pakistans decision on the NATO
supply routes and endorsed its demand for an apology from the United
States over the killing of its troops at the Salala check post. He said the
world should take cognizance of the sacrifices made by Pakistan in the war
against terror.
Without mentioning the name of any country, the Turkish prime
minister criticized the policy of some countries that possessed weapons of
mass destruction, but did not allow any other country to acquire such
weapons, even for their defence. Referring to the importance and equal
status of every country in the world, he said every country should be given
respect and honour.
The Public Accounts Committee (PAC) was told that Pakistan has
suffered a loss of Rs100 billion due to the passage of NATO supplies
through Pakistan traffic which has badly damaged roads and
communications infrastructure. Meanwhile, TTP spokesman termed the
suspension of NATO supply routes a drama and its script has already been
written by Pakistan and the United States.
Imran Khan said that President has earned nothing but insult for
Pakistan by participating in NATO Summit in Chicago. He stated this while
addressing a press conference at partys central secretariat where Lt General
(Retd) Ali Kuli Khan along with his brother Ahmed Kuli Khan announced to
join PTI.
A constitutional petition was filed in the Supreme Court to restrain the
authorities from constructing huge building structure and secret bunkers in
the basement of American Embassys premises. Lt Col (Retd) Inam-ulRehim filed the petition under Article 199 of the Constitution and made
chairman CDA, secretaries of ministries of interior, foreign affairs, and
defence and US embassy management through ministry of foreign affairs.
On 23rd May, Nawaz Sharif said the rulers are begging from world
community by putting their conscience on auction; the PML-N leader was
referring to the recent NATO summit in Chicago, saying that US president
700

Barack Obama did not even want to meet President Zardari. Criticizing
Musharrafs support for the United States on the war on terror in 2001, He
claimed he did not bow down to Musharraf and the former president kept
him in the prison for his defiance.
To a question regarding western media reports terming President
Zardaris recent visit to Chicago a failure, Kaira said the trip was not aimed
at a bilateral meeting. He was there to attend a summit and the invitation
was unconditional. Our point of view has prevailed. We are in dialogue with
the US and the government will follow the Parliaments guideline. The
summit was not a platform to ask US for apology, he commented. Earlier,
the cabinet congratulated the president on his successful participation in the
Chicago summit and acknowledged his role in presenting Pakistans
principled stand on various issues related to the NATO.
US missiles killed four militants in North Waziristan, amid
increasing strains with the West over a six-month blockade on NATO
supplies into Afghanistan. A drone targeted a compound near Miranshah. It
was the first strike since Obama had snubbed Pakistan at this weeks NATO
summit in Chicago. Meanwhile, twelve militants were killed when fighter
jets bombed insurgent hideouts in Orakzai Agency.
Shakeel Afridi, who was sacked as a government doctor two months
ago, was found guilty under the tribal justice system and sentenced to 33
years in prison for treason. In addition to his jail sentence, he was fined
320,000 rupees. Afridi was not present in the court and not given a chance to
defend himself. Under the tribal system, he would not have had access to a
lawyer. Under Pakistan's tribal justice system, Afridi has the right to appeal.
The US department of defense reacted to Dr Shakil Afridi's sentence
and repeated the stance that Afridi helped provide intelligence that was very
helpful with regards to this operation, and he was not in any way treasonous
towards Pakistan. The spokesperson said that the Secretary has already said
It is a real mistake on Pakistan's part.
US Senators John McCain and Carl Levin, the chair and ranking
members of the Senate Armed Services Committee said the US should not
pay up to $5,000 per truck which McCain called extortion to Pakistan to
allow NATO Supply lines to pass through its territory into Afghanistan.
The Difa-e-Pakistan Council (DPC) decided to postpone the long
march scheduled to start from Karachi on May 27. According to the move,
the leadership of the constituent parties of the alliance will meet in Karachi

701

on May 26 to devise a strategy in the aftermath of President Zardaris stance


at the Chicago conference on the resumption of the NATO supplies.
A US Senate panel voted cuts in aid to Pakistan and threatened to
withhold even more cash if Islamabad does not reopen its supply routes for
NATO soldiers in Afghanistan. The Senate panel voted to cut aid to Pakistan
by 58 percent in fiscal 2013 from the request by the administration of
President Obama.
Next day, at least 10 people were killed and several others sustained
injuries when unmanned US predator drone targeted a mosque in Mir Ali
area of North Waziristan Agency. The attack, in the Khassokhel village was
the second to take place in less than 24 hours. The drone fired two missiles
and pounded a house, a local official said. The strike also damaged a nearby
mosque where three worshippers believed to be Central Asians were fatally
wounded. They were seriously wounded and died later in the hospital.
Foreign Office spokesman strongly condemned US drone attacks
along Pak-Afghan border, terming these a total violation of its territory but
said Islamabad wanted to solve all issues through dialogue. Moazzam said
Islamabad had a clear policy on the drone attacks by the US which were
illegal, violation of international law and unacceptable.
In a vindication of Pakistan's stand, Amnesty International has
condemned the United States for the unlawful commando raid that killed
Osama bin Laden in his Abbottabad compound, and voiced concern over the
drone attacks inside Pakistani territory. The international human rights
monitor said the cross-border raid violated international law.
In response to US ire and a pledge to assist a Pakistani doctor charged
with treason for helping the US capture Osama bin Laden, the foreign
ministry called on the US to respect its legal process. Meanwhile, a panel
of US lawmakers unanimously approved a proposal.
On 25th May, the US Secretary of State stepped up her criticism of
sentencing of Dr Afridi saying it is unjust and unwarranted. The United
States does not believe there is any basis for holding Dr Afridi. We regret the
fact that he was convicted and the severity of his sentence, she said.
The doctors actions to help bring about the end of the reign of terror
designed and executed by bin Laden was not in any way a betrayal of
Pakistan, Clinton said. We are raising it (his case) and we will continue to
do so because we think that his treatment is unjust and unwarranted, she
added. The Senate Appropriations Committee on Thursday voted to cut aid
702

to Pakistan by a symbolic $33 million $1 million for each year of jail time
handed to Afridi.
The Supreme Court directed the Islamabad police to lodge FIRs of the
heirs of children who went missing during the Lal Masjid Operation in 2007,
directing not to involve irrelevant people into the case and not to scandalize
institutions. A three-member bench heard suo moto case of Lal Masjid and
Jamia Hafsa, along with a contempt petition filed by Maulana Abdul Aziz.
During the hearing, parents of the children who went missing during
2007 operation complained to the apex court that their FIRs were not being
registered for whereabouts of their missing children. The Islamabad AIG
told the court that at the time of the incident of Lal Masjid, Shahid Nadeem
Baloch was acting IG, Islamabad. The court, however, directed him to
implement the courts earlier order in letter and spirit.
Next day, a US drone attack killed at least four militants in North
Waziristan Agency. The attack took place at a house near Miranshah in
which drone fired two missiles at a house. It was the fifth US drone strike
reported in Pakistan since the parliament in March demanded an end to such
attacks.
A court in Peshawar barred any foreigners from meeting Dr Shakeel
Afridi, the former Khyber Agency surgeon who has been sent behind bars
for 33 years on charges of treason. Sources said that the diplomats of
different foreign countries submitted requests to meet Shakeel Afridi but the
court rejected all of them.
On 27th May, at least five people were killed and four wounded in a
US drone strike in Mir Ali area of North Waziristan. Monday's drone strike
is the 16th of its kind since the beginning of this year. To date, at least 117
people have reportedly been killed in such strikes in 2012.
Panetta described the use of drone strikes in Pakistan and Yemen to
target terrorist targets as absolutely essential. Panetta called drone strikes
one of the most precise weapons that we have in our arsenal and said that
protecting US security by leveling terrorist targets in countries like Pakistan
and Yemen takes priority. And using the operations that we have, using the
systems that we have, using the weapons that we have, is absolutely
essential to our ability to defend Americans.
Calling for an end to drone attacks, Shahbaz Sharif said there was
hardly any difference between terrorism and these air raids, as innocent
people lost their lives in both cases. Talking to senior political editor of a
703

leading German daily Der Tagesspiegel, Ingrid Muller, the chief minister
said that US should offer an apology on the killing of innocent Pakistanis
and also stop drone attacks.
Panetta termed sentencing of Dr Shakeel Afridi disturbing, though
he said the US government will continue to work at its troubled
relationship with Pakistan. He wanted Pakistan to understand Afridi was
working toward a common goal. It is so difficult to understand, and its so
disturbing that they would sentence this doctor to 33 years for helping in the
search for the most notorious terrorist in our time, he said.
Syed Munawwar Hassan said that the DPC was prepared for the
defence of countrys ideological and geographical boundaries. Eminent
leaders of the political and religious parties addressed the workers
convention held in Karachi under the aegis of DPC against the proposed
restoration of NATO supply routes to Afghanistan from Pakistani soil. In his
key address, Syed Munawwar Hassan said that US, India and NATO were
bitter enemies of the Muslims and Islam because they wanted to deprive us
of the spirit of Jehad so there was dire need of unity.

Afghanistan: On 21st May, American officials hope the summit of


the 28-member alliance will set in motion an orderly conclusion of the
decade-long war in Afghanistan, according to the Times. a huge undertaking.
NATO aims to give Afghan forces the lead in combat operations next year to
pave the way for the departure of NATO troops by the end of 2014. The
NATO summit will also focus on financing Afghan forces for the next
several years.
In a sign of the tensions surrounding Afghanistan, hundreds of
protesters took to the streets of Chicago on Sunday in opposition to the war
and to NATO. The police clashed with some demonstrators who refused to
disperse after a march down Michigan Avenue to McCormick Place, where
world leaders were meeting.
Anti-war protesters staged a peaceful march on the headquarters of
US defense contractor Boeing in Chicago after several days of
demonstrations during a meeting of NATO leaders. Occupy Chicago, the
local chapter of the loose-knit anti-Wall Street Occupy movement, had
promised to shut down Boeing Cos headquarters, which it called NATOs
war machine, and demanded the alliance stop military operations around the
world. Lawyers group defending the protesters said more than 60 were
arrested and two dozen injured by police using batons on protesters who had
been ordered to leave.
704

Next day, it was reported that following his junior, Cameron Munter
in Islamabad; Ryan Crocker also wanted to relinquish his duties in Kabul for
reasons yet to be made public. On 23 rd May, more than 120 schoolgirls and
three teachers have been poisoned in the second attack in as many months
blamed on conservative radicals in the countrys north. The attack occurred
in Takhar Province where radicals opposed to education of women and girls
had used an unidentified toxic powder to contaminate the air in classrooms.
Scores of students were left unconscious.
Gunmen kidnapped two foreign women aid workers and their three
local colleagues in a remote province in northeast Afghanistan. The group
was traveling on horseback in Badakhshan province when they were
attacked and police have launched a search for them, believing they had
been taken to Shahri Buzurg district east of the provincial capital Faizabad.
Meanwhile, Afghan intelligence agents on Wednesday arrested five suicide
bombers with hundreds of kilos of explosives near Kabul international
airport.
On 25th May, five bomb blasts killed five people and wounded at least
eleven. Two passengers died and three were injured when a bus struck a
roadside bomb in Helmand Province. In another incident a man was killed
and two children wounded by an improvised explosive device. In Uruzgan
Province, a roadside bomb killed a police officer and injured three others,
while a local police commander was killed in neighbouring Kandahar
Province.
Francois Hollande arrived in Kabul and talking to French troops at a
base in the Nijrab district of eastern Kapisa province, he said that his
country's soldiers had carried out their mission in Afghanistan and that it was
time for them to leave. Several reasons justify this decision to withdraw our
combat troops from Afghanistan, Hollande told French troops. The French
Presidents trip was not announced in advance for security reasons.
Next day, Taliban strongly condemned the Afghan parliamentary
approval to the US-Afghanistan partnership agreement that would cover
relations between the two countries till 2024. Taliban spokesman Zabihullah
Mujahid said the Afghan parliament has proved itself a foreign agent.
Taliban vowed to award exemplary punishment to the parliamentarians who
sold Afghanistan under the name of the so-called strategic agreement.
On 27th May, a NATO air strike killed a family of eight, including six
children, in Paktia. Spokesman for ISAF said it was investigating the
incident. Four NATO soldiers were killed in bomb blasts in southern
705

Afghanistan. The soldiers died following separate improvised explosive


device attacks on Saturday, ISAF said in a statement.

Iran: On 21st May, the UN nuclear watchdog chief held talks in


Tehran after voicing hope for a deal to investigate suspected atomic bomb
research a gesture Iran might make to try to get international sanctions
relaxed and deflect threats of war. Yukiya Amano, a veteran Japanese
diplomat, who began discussions with the head of Irans nuclear energy
organization said, I really think this is the right time to reach agreement.
Nothing is certain but I stay positive. He added that good progress had
already been made.
Two days after seeing Amano, Jalili will hold talks in the Iraqi capital
with Catherine Ashton, the European Union foreign policy chief. By
dangling the prospect of enhanced cooperation with UN inspectors, Iran
might aim for leverage for the broader talks where the United States and its
allies want Tehran to curb works they say are a cover for developing atomic
bombs.
Next day, Iran announced it was loading domestically produced, 20percent enriched uranium fuel into its Tehran reactor, underlining its atomic
progress on the eve of crucial talks with six world powers in Baghdad. Two
nuclear plates were delivered to the research reactor and one of them was
loaded into the core, the Atomic Energy Organization of Iran said.
Meanwhile, a senior US lawmaker warned that Iran's apparent deal
with the IAEA on greater cooperation on suspected weapons activities is a
stalling tactic to give Tehran more time to acquire nuclear capability.
Republican congresswoman Ileana Ros-Lehtinen, who has pressed for
tighter sanctions on the Islamic republic, made her assessment on the eve of
crunch talks between Iran and world powers.
Senior officials within Israel's military intelligence services believe
Iran will do whatever it takes to buy itself a little more time. Iran wants
talks to continue, to avoid being forced to close its Qom facility and to stop
enriching uranium, Brigadier General Itai Brun told the parliamentary
committee on foreign affairs and defence. Brun, who heads the intelligence
service's research division, said Iran currently had 450 missiles capable of
hitting the Jewish state, but did not say if any of them were capable of
carrying nuclear warheads.
On 23rd May, Iranian President Ahmadinejad reiterated ahead of his
country's nuclear talks with world powers in Baghdad that Islam forbids

706

atomic weapons and other arms of mass destruction. Ahmadinejad's mention


of a fatwa against nuclear weapons by Iran's supreme leader, Ayatollah Ali
Khamenei, referred to an edict which he laid down in either 2004 or 2005.
An Iranian official said, the points of agreement are not yet sufficient
for another round, adding that the world powers had to revise a package of
proposals they have. We believe that the two parties must agree on common
points to merit a new round of negotiations. The necessary foundation needs
to be built. Common points must be agreed in Baghdad.
Iran made a counter-proposal to the P5+1 group of world powers. The
Iranian counter-proposal came after EU foreign policy chief Catherine
Ashton presented a package of new incentives on behalf of the P5+1
Britain, China, France, Russia and the United States, plus Germany. IRNA
news agency called P5 package outdated, not comprehensive, and
unbalanced.
Meanwhile, the BBC reported that British government ministers were
discussing what role the country could play in a possible military
confrontation in the Middle East over Irans nuclear programme. Ministers
are considering whether any involvement from Britain would be legal if
talks with Iran break down and Israel bombs Irans nuclear facilities. Britain
is examining a number of options, from diplomatic support for Israel to the
involvement of Britains Royal Navy in the region, according to the BBC.
Meanwhile, Israeli Defence Minister Ehud Barak urged world powers
not to waver in key talks with Iran, warning that any failure to halt
enrichment would see Tehran obtain a nuclear weapon. In Baghdad, we
must watch out that partial concessions do not allow Iran to avoid a
tightening of sanctions, he said.
On 25th May, UN atomic watchdog that it found traces of higher-grade
uranium at a site in Iran, but that Tehran had said it may be down to a
technical error, a day after crunch talks in Baghdad. The International
Atomic Energy Agency also revealed that its head, Yukiya Amano, wanted
in a visit to Tehran on May 21 to conclude a deal on clarifying accusations
of such research. In the event Amano returned empty-handed, saying only
that he and Iran's chief nuclear negotiator Saeed Jalili made a decision to
reach an agreement, and that he expected this to be signed quite soon.
Meanwhile, Russia called the latest round of talks on the Iranian
nuclear standoff constructive despite big differences that remain as the
parties head for more negotiations in Moscow next month. Russia outlined
no new initiatives that could be discussed following a bruising session in
707

Baghdad that ended with Iran declaring its absolute right to enrich uranium
despite fears it was actually building a nuclear bomb.

India: On 21st May, a strike called by Kashmiri leaders in Indianoccupied Kashmir shuttered shops and businesses to mark a top Muslim
cleric's assassination 22 years ago, but police blocked a planned protest rally
in the held valley. The All Parties Hurriyet Conference had announced to
hold the rally to commemorate the martyrdom anniversaries of prominent
liberation leaders, Mirwaiz Moulvi Muhammad Farooq and Khawaja Abdul
Ghani Lone.
Next day, Indian High Commissioner to Pakistan called on Federal
Minister Naveed Qamar and discussed matters of mutual interest and
bilateral trade in electricity. Naveed Qamar said that the next meeting of
group of experts would be held in Lahore next month to finalize the
technical matters in order to expedite the electricity trade project.
On 23rd May, six children were killed and over a dozen suffered
injuries in a bomb blast in the city of Allahabad. The crude bomb was kept
in a heap of garbage and it was a low-intensity explosion. Locals alleged that
some property dealers were eyeing the precious real estate in the city and the
bomb was planted at the garbage dump only to create the scare and get the
land vacated. So far ISI has not been named either by India or the US.
Keeping the US-backed trans-Afghanistan gas pipeline project alive,
the nations of Turkmenistan, Afghanistan, Pakistan and India (TAPI) moved
a step forward by signing the gas sales and purchase agreement in a bid to
ensure the supply of energy to their economies. The project might further
isolate Iran and would strengthen bi-lateral relations of India and Pakistan.
Next day, Indian Home Secretary RK Singh said his country had
provided fresh evidence against Jamaat-ud-Dawa chief Hafiz Saeed and
other accused of the Mumbai terror attacks that was to be used by Pakistani
authorities to prosecute them. He expressed concern at the slow pace of
proceedings in the case, but said they had briefed the Pakistani side on the
progress made in the investigation in Samjhota Express bombing.
Singh said the 2008 Mumbai attacks should not be equated with the
2007 bombing of the Samjhota Express. He described the assault on
Mumbai as an incident of cross-border terrorism, while the train bombing an
act committed within India. Singh claimed that the Indian authorities had
already arrested and charge-sheeted those responsible for the bombing of the
Samjhota Express.

708

During the first day, both side agreed to form three separate working
groups on terrorism, visa relaxation policy and exchange of prisoners, which
have started working to present recommendations in the two-day dialogue.
Official sources said the Indian side argued for early conclusion of the
Mumbai terror attacks investigation; however, Pakistan took the plea that the
matter was being considered by the court of law.
On 25th May, India offered $10 million to Pakistan for handing over
Hafiz Saeed to India. The offer came during the two-day talks between the
home and interior secretaries of Pakistan and India at Bhurban. The Indian
secretary declared the talks fruitful, and said it had brought the two countries
closer. Singh also extended an offer to visit India to Pakistans secretary,
which was duly accepted.
Allegations leveled by both sides kept the environment argumentative
during the talks. Samjhauta Express, Balochistan unrest and Mumbai attacks
were the sources of arguments. The Indian secretary, however, assured
Pakistan of taking stern action against any Indian miscreants if found
involved in Balochistan unrest after his Pakistani counterpart handed over
evidences to him.
It was decided that CBI and FIA will schedule a meeting at an early
date to work out the technical details of moving forward on issues of human
trafficking, counterfeit currency, cyber crimes and red notices. Both sides
welcomed the finalization of the visa agreement and agreed to sign it at an
early date. Both sides welcomed the release of prisoners and fishermen,
including those suffering from ailments, since the last round of home/
interior secretary talks.
They noted the need to fully implement the understanding reached
during the previous home/interior secretary talks in March 2011 so that the
fishermen and the civilian prisoners who have completed their sentence, and
whose nationality status has been confirmed by the respective governments
and whose travel documents have been received, are released without delay.
In order to strengthen mutual cooperation in criminal matters, the two
sides agreed in principle to initiate negotiations on a Mutual Legal
Assistance Treaty (MLAT). In this regard, it was agreed that Pakistan side
would examine the draft of the MLAT handed over by the Indian side and
return with comments.
Minister for Interior Rehman Malik said that both Pakistan and India
had agreed in-principle on the new visa regime and that the two countries
were currently working hard to finalize a mechanism for its implementation.
709

Rehman Malik expressed hope that the new visa regime would be launched
soon.
Next day, Sherry Rehman said that Pakistan will release Indian spy
Surjeet Singh in next week. Surjeet Singh is in Kot Lakhpat Jail, Lahore.
She claimed relationships between Pakistan and India would be strengthened
after releasing of Surjeet Singh. Rehman Malik denied reports about
Surjeets release.
In Gyari, the perseverance of the Pakistan Armys rescuers bore result
after eight-week sustained effort. They recovered the dead body of Sepoy
Mohammad Hussain, who had joined Army only three years ago and was
buried under an avalanche at the end of first week of last month. His was the
first dead body to be found. Next day, rescue teams recovered two more
bodies and identities of the newly-found bodies were yet to be ascertained.

VIEWS
Pakistan
Difficulties at the Summit: Pakistans role at the Summit is unclear,
though its importance in a final settlement is evident. It should also be
acknowledged that the decision to re-open NATO supplies without an
apology for the Salala massacre, which provoked the ban originally, has
resulted in public resentment. One symptom of this will the threat from the
Difa-e-Pakistan Council of a march on Islamabad on May 27, after starting
from Karachi on Sunday. The purpose of the march is to stop the restoration,
which may well have taken place by then.
The government by showing concern for public opinion could stop the
DPC in its tracks, as after all, they are not elected representatives of the
people and those in government are! To reduce the massacre of so many
Pakistani soldiers to a mere haggling over price is to make a laughingstock
of ourselves. The cost of conducting a war is great and the US will not be
crushed with disappointment if we refuse to restore NATO supply lines. Yes,
the finances may pinch, but where they are spending billions of dollars on
the War on Terror anyways, whats a few million more. What is most
beneficial for the US is frankly, not our concern. For Pakistan, however, the
war remains one that the country at large cannot and has not taken
ownership of. It would be best to end our engagement in the war, wish the
US the best of luck for ending its and restructuring our relationship with
the sole superpower outside of the war on terror. This new relationship is
710

one that carries the best chances of success and a restoration of goodwill
which the US enjoyed in Pakistan, not so many years back. (Editorial,
TheNation 21st May)
Zardari must grab the initiative: For any Pakistani political figure,
the writing on the wall of a country increasingly in disarray must be far more
worrying than the influence they gain on the world stage. Zardari may,
indeed, get the chance to rub shoulders with some of the world's most
prominent leaders, but that just does not hold the key to unlocking the
challenges which engulf Pakistan.
Once the summit in Chicago is over, Pakistan's President will return
home, likely without the assurance of being anywhere close to dealing with
challenges faced by his country's mainstream population, than before the
summit Indeed, Pakistan's reaction to the Western helicopter attack that
targeted two of its army posts in November 2011, amply illustrates the
degree to which it has run out of patience in the face of repeated
provocations. And the subsequent public outrage on this matter is evident
from the growing degree of discontent.
In returning to the negotiating table, the US must understand the
futility of pushing Pakistan endlessly. However, Zardari and his cronies must
also appreciate an all too visible fact: their failure to respond to the outcries
from ordinary Pakistanis will only further undermine their ability to rule the
country. (Farhan Bokhari, TheNation 21st May)
Afghan conflict and the NATO Summit! Enough is enough. The
blood of our soldiers and civilians is as precious as that of any other nation,
so, justice demands that our efforts against countering militancy and
terrorism should be recognized whole-heatedly. Pakistan has time and again
expressed willingness to cooperate with the world but that cooperation must
be based on bilateral and multilateral formula. NATO summit or beyond
that, our engagement with the US must be based on parliaments
recommendations including the NATO supply.
If the government or any state institution tries to disregard the will of
the people, it would be disastrous for the future of our nation. We dont want
to be isolated at the international level; however, at the same time we dont
want to be taken for granted as well. We hope the NATO summit unlike
many other initiatives on Afghanistan will give some hope to Afghan nation
and rest of the region which is aspiring for peace and prosperity for the last
one decade. (Waheed Hussain, TheNation 21st May)

711

Pakistans internal and external challenges: It is unfortunate that


the political leadership has failed to recognize the threats to Pakistans
existence. It lacks the capacity to counter them. Besides this, the ruling
elites quest for power and wealth only seems to be its focus of interest.
Thus, the onus to find solutions for the existing problems lies with those
whose primary task is to ensure the security and integrity of the state.
The question, however, remains: after refusing to learn any lessons
from our follies of the past 64 years, does the political leadership intend to
replay the same old game of power politics? Nevertheless, to get the country
out of the present mess, we certainly need to follow the teachings of Islam
and the saying of Quaid-i-Azam Mohammad Ali Jinnah. (Concluding
paragraphs of Ikram Ullahs column, TheNation 21st May)
Zardaris right stand: President Asif Ali Zardari, who met President
Barack Obama and addressed the Nato summit on Afghanistan at Chicago
on Monday, took the right stand when he tried to press home the strong
opposition of the people as well as government of Pakistan to drone
strikes The world must appreciate that while for the US and its Nato
allies, reopening of the land route for the movement of men, material to and
from Afghanistan is of crucial significance to the troops operating there and
their evacuation, Pakistans concerns cannot simply be dismissed offhand.
Therefore, not only the issues of drones and apology must be quickly
addressed, but also Islamabad must be reimbursed the Coalition Support
Fund that has been accumulating for want of clearance by the US. Mr
Zardari also raised the point of the devastating effect of the war on terror on
our economy that stands virtually at the brink of collapse after having
suffered a loss of more than $70 billion. This is no small amount for a
developing country like Pakistan. It is the responsibility of all those who are
fighting terrorism, particularly in Afghanistan that has impacted Pakistan
badly, to accept Mr Zardaris demand that they should provide greater access
to our products in their markets for resuscitation of our economy to take
place.
The setbacks that the greatest military might on earth today has
suffered should prompt it to pack up, lock, stock and barrel, and go home
without losing more time The US must understand that there can be no
peace in Afghanistan or the region without a solution arrived at by the
Afghans themselves. A foreign imposed settlement would not work. Pakistan
has always advocated an Afghan-led Afghan-sponsored solution. Countries
like Pakistan, Turkey and Iran can lend a helping hand in achieving this
goal. Their credibility would be hard to question; for they have a crucial
712

stake in peace in Afghanistan as well as the region. (Editorial, TheNation


23rd May)
Clueless at Chicago: The US had carried out its own inquiry into the
Salala incident concluding that it was an unfortunate incident, but was
triggered by Pakistani troops. One could have poked holes in this
incongruous conclusion, since apparently the Salala attack was a
premeditated assault where gunship helicopters operated for 150 minutes,
targeting Pakistani soldiers akin to a Turkey shoot. But instead of taking the
case to the International Court of Justice, we continued our haranguing in the
local media only.
An emboldened US has now refused to render a formal apology on the
tragic incident; it has put its foot down on discontinuing the drone attacks;
and Leon Panetta has gone to the extent of stating that he would never agree
to Pakistans demands of transit fees that he terms exorbitant, citing USAs
poor economy as an excuse. He has conveniently ignored the fact that the
same cash-strapped US is paying an arm and a leg for the 6,000-mile-long
Northern Distribution Network, but will not pay a fraction for the 500-milelong supply route through Pakistan.
The US State Department spurned Pakistans request for President
Zardari to meet President Obama in a one-on-one conference, although they
briefly met on the sidelines. Also, the meeting with NATOs Secretary
General was missed, but, reportedly, all others apart from President Hamid
Karzai were to bear pressure on Pakistan. In an unmistakable snub, the US
President left Pakistan off the list of nations he thanked for getting the war
supplies into Afghanistan. President Zardari, however, maintained his
Cheshire Cat grin despite the pressure, promising $20 million to
Afghanistan from Pakistans empty coffers. The presidential spokesman had
us believe that Mr Zardari will demand $1 billion at Chicago as
compensation for the war on terror, but he remained clueless. (S M Hali,
TheNation 23rd May)
Chicago Summit and supply routes dilemma: Regarding the
reopening of the supply routes, General Allen told Reuters that he was
confident that a deal would eventually be struck, but whether it is in days or
weeks, I dont know. Not bowing to the American pressure for reopening
the supply routes before or during the summit has been well received by the
people. The decision on the issue should be taken in the best national
interest; prudence should prevail upon emotionalism. As a gesture of
goodwill, Pakistan may announce one way reopening of the supply routes
713

for facilitating an early and expeditious withdrawal of the occupation forces.


However, it should not allow resumption of the supplies into Afghanistan,
except the humanitarian cargo like medicines. (Concluding paragraph of
article by Khalid Iqbal, TheNation 23rd May)
Chicago Summit - Pakistani expectations! Now for those who
were predicting an early exit of the US- NATO forces after the French
President declared to withdraw his troops even before the 2014 deadline,
NATOs Secretary General Anders Fogh Rasmussen, shortly before the
inauguration of the NATO Summit, declared: We will stay committed to our
operation in Afghanistan and see it through to a successful end.
At the same time, some reports suggested that the weakness of the
Pakistanis to negotiate with the Americans was mainly due to the military
establishment. This notion, however, is not true because democraticallyelected governments worldwide consult their generals in situations that
demand military action. Therefore, such reports keep surfacing time and
again, which seems to be the work of those who want to project Pakistan as
a weak and divided nation.
Against this backdrop, some religious parties have taken onto
themselves the task to resolve the issues related to Pakistans foreign policy
through street protests. They have threatened to initiate a long march against
the possible restoration of NATO supplies. Such attitudes are never
conducive to the betterment and growth of any state because in this age of
interdependence, it is simply impossible to remain isolated.
One hopes that the Pakistani and American leadership will try to
hammer out their differences, which does not create an image of a sell out on
the part of Pakistan, and at the same time does not imply that the US- NATO
forces have agreed on the issues that are not in their interest.
The Americans could start by withdrawing the stringent conditions
attached with Pakistans economic programmes and lift the sanctions that are
affecting the sale of US weapons to it. On their part, the Pakistanis should
demand a reasonable price for the trucks that pass through its territory. And
for this restoration, the least the Americans can do is to tender an
unconditional apology for the Salala tragedy. They should also revise terms
of engagement for the drone attacks that are counterproductive.
On this issue, a majority of the Pakistanis have condemned Secretary
of Defence Leon Panetta, who brazenly said: The US will not stop the
drone attacks inside Pakistan. Such statements have not helped the Pak-US
relationship to move in the right direction. So, they must be avoided, if the
714

Americans seriously acknowledge that Pakistan can play an important role


to maintain peace and prosperity in Afghanistan and the South Asian region
after the NATO forces leave in 2014. (Azam Khalil, TheNation 24th May)
Pak-US stalemate continues: To renege on a promise to an ally is
not unusual, but is a most unbecoming character of our friend, the US. Tying
the resumption of supplies to these demands is again an unsubtle form of
blackmail. Labeling Pakistan's conditions extortive is laughable,
considering that the US has benefited from the same conveniences from the
Pakistani side for free in previous regimes. Perhaps it laments the good old
days, but it may rest assured those are long gone. If the Zardari government
is at least making the sole superpower pay through the nose for a deeply
unpopular war, the Pakistani nation does not feel that to be unrepresentative
of their wishes. Words like, We are not going to be giving money to an ally
that wont be an ally, and an indication of slashing aid by 58 percent by the
US Senate is hardly likely to enamour Pakistanis to our American friends.
Washington committed itself to an abiding relationship with Pakistan
as long as it felt that the latter was serving its strategic goals.
Now Pakistan rightly balks at doing so, because doing so requires Pakistan
to serve as a monastic serf, not a developing country with very real and
urgent needs. In the present environment, where our demands are just and an
anticipation existed that a reset of the relationship with the US would end
some of the old animosity and a fairer balance would be achieved, the
aftermath of the Chicago conference and the US harping the same old tune is
a colossal disappointment. The Pakistan government sticking to its stand,
sanctioned by a unanimous parliamentary vote, is the correct way to
proceed. Pakistan's demands are fair and deserve to be met. (Editorial,
TheNation 25th May)
At the Chicago Summit: Before it is overtaken by events, the
Pakistani government should be doing what governments do best: lead. It
should be satisfied with having attended the Chicago Summit, and should
now turn to making the USA realize that it cannot avoid an apology over
Salala, where, after all, its helicopters shot up Pakistani troops so badly that
it killed 24 of them, not the other way around.
More so, it should make the USA understand that its not apologizing
also worked to its benefit in the summit, by showing its other satrapies how
firm the USA was, but it was over, and there was more than enough time
before the November election for Obama to live down even the most abject
apology.
715

The Chicago Summit made Nato resemble nothing so much as the


Delian League, which Athens used to fight against Sparta 2400 years ago,
and which consisted of those Greek city-states that were opposed to Sparta
(which had its own Peloponnesian League), or allied to Athens. The NATO
was originally supposed to fight the USSR (which had the Warsaw Pact), but
after the end of the cold war, it needed a new role. It has apparently found
that there was no reason for Pakistan to show up here, and certainly not at
the price it paid. It should be trying to abandon the US alliance, not maintain
it! (M A Niazi, TheNation 25th May)
Missed opportunities: We have not decided yet whether we are
going to resist the US or the entire NATO. If the attack was intentional, it
must be from the US and not from entire NATO. By accusing NATO we are
annoying the whole Europe. If this time we are serious, and it is not yet
another tactic for more bargains to resist US pressure, just Iran and China
are not enough. We have to take into confidence the international
community. Indeed, Europe is in the US camp but it does not mean that on
every issue related to Afghanistan and Pakistan each of them is on the same
page. The UK also has a different view about Pakistan. Turkey is also a
member of NATO. We need to single out the US and take into confidence
the whole of Europe and the Western world. This was a US intervention but
Sen Raza Rabbani cancelled his visit to the UK in protest. The Bonn
Conference is jointly hosted by Germany and Afghanistan but we boycotted
it over the issue.
This long quotation is from my column published on December 3,
2011. We should take a stand against the US and its Western allies in
accordance with our capabilities and stature. But there have been negative
comments to this view from those who have served the US in the past.
Besides, spokespersons of the government also tried to teach us the
importance of national honour, collective will and bargaining power. At that
point of time the government and the establishment seemed to outclass each
other in being anti-US. In this war of words we had religious leaders and
anchorpersons and columnists who tried to teach the importance of daring
decisions to the nation from air-conditioned rooms in Islamabad, Lahore and
Karachi. Soon the chorus was joined by PPP and ANP leaders who followed
the lead of Difa-e Pakistan Council.
With all that hype and sentiments, the establishment and the
government once again decided to collectively bow to the US. Indeed, the
reaction of this sudden retreat is getting even worse. Again the common man
has to witness the destruction of schools. The common mans body would be
716

tore into pieces in bomb blasts. In reward the grants received from the US
would once again be spent on the lavish life of the elite or on the purchase of
bullet-proof cars. A portion of the amount would be spent by the offspring of
the elite in the West. But all this is not happening for the first time. For the
last three years we have been witness to the same script in different
episodes.
On the detention of Raymond Davis, when they tried to play the same
script, I wrote that both Pakistan and US would do their business as usual.
After the May 2 incident and the statements of Mike Mullen I predicted the
same end. After the Salala check post Incident I again wrote that nothing is
going to change and soon they would resume business as usual. However,
this last time I was proved wrong. This time we showed our readiness to
work on even lower pay for the same business. We missed important
opportunities like the Bonn Conference. We missed many other
opportunities related to the future of Afghanistan.
The US and the Western media again waged a media war against
Pakistan that resulted in further anti-Pakistani sentiment in those regions. All
this exercise also damaged our relations with several international bodies
and financial institutions. And now we are pleading for revival. The drone
attacks will not stop, and nor is the US going to offer an apology at the level
we demanded. But NATO supply routes will soon be reopened. Why do we
face this insulting situation every time? The answer is very simple. Perhaps
Pakistan is the only unlucky nation in the world where point-scoring is made
in the fields of foreign policy and security issues.
On such issues the PML-N and the PPP do not adopt their stances on
the basis of merit, nor do parties like the Jamaat-e-Islami, the JUI, the
Tehreek-e-Insaf and the Difa-e Pakistan Council. Retired generals not
consider the need for merit and logic in their analyses, and nor do
anchorpersons. All opinions are presented on the basis of fear, greed,
personal or group interests and possible outcome in terms of popularity. The
establishment also tries to protect its institutional interests through this
struggle. In this latest episode, we are faced with the grave situation because
the civilian government and the establishment tried to defeat each other on
the issue. Again now these results, no matter how unwanted, are facts to
face. All we could do is avoid such a situation in future. And this is possible
only if the establishment and government stop this dirty game they play with
each other on issues of national security and foreign policy.

717

Those who love to play with the sentiments of the nation by waging
Jihad against the US while sitting in five-star hotels should stop this
hypocritical practice. They should understand that if they are unable to
change the leadership in Pakistan, how can they fight against the US? They
cannot even move without the instructions of invisible powers, but they dare
challenge the US. The very power without whose permission they cannot
move, is behind their policies. They persuade us to fight with the US by
giving examples of Afghanistan and the Taliban. Afghanistan could fight
with the US as there is no stock exchange and nor are their religious leaders
and retired generals who become used to lavish a life-style. Their leader is
Mullah Omar who never visited the US or Europe, not even Saudi Arabia.
Our leaders and their offspring live in the US and Europe and try to copy
Mullah Omars actions. We should understand that this is Pakistan and we
have to work according to our own capacity and stature. (Saleem Safi, The
News 26th May)
Accept the hard facts: Any hopes of a deal between Pakistan and
the United States before or during the recent North Atlantic Treaty
Organization (NATO) summit in Chicago on reopening the supply routes for
the US-led coalition forces in Afghanistan have now been dashed to the
ground. Rather the situation has become complicated as newer issues
causing further differences among the two countries emerged at the summit
and also subsequently.
One avoidable incident happened at the two-day summit. President
Barack Obamas decision at the inaugural session to snub President Asif Ali
Zardari instead of welcoming him to his hometown was in bad taste and
could contribute to the existing bitterness in the relationship between the
countries. By not acknowledging the presence of President Zardari seated at
the table, he wanted to show his anger over Islamabads refusal to reopen the
routes for NATO supplies...
And by publicly acknowledging the presence of Afghan President
Hamid Karzai and the representatives of Russia and the Central Asia
republics at the summit and thanking the latter for allowing Nato supplies to
transit through their countries, Obama in no uncertain terms made it clear as
to why he so upset with Pakistan.
However, the US President was oblivious of the fact that since 2001
Pakistan has allowed unhindered access to all kinds of NATO supplies
Obama could have acknowledged all this and welcomed President Zardari in
a bid to break the ice and create the necessary goodwill for resolving the
718

more contentious issues between their countries. This would also help
explain why Obama isnt ready to offer an apology to Pakistan over the
deaths of its soldiers as it would amount to conceding a mistake and
acknowledging the veracity of Islamabads position on the Mohmand
Agency incident. On its part, the US has continued to insist that the attack on
the Pakistani troops was accidental and was undertaken in self-defence.
President Zardari had received a last-minute invitation to attend the
Chicago summit and this could not have happened without concurrence from
the US being the dominant power in NATO Though no formal meeting
between Obama and Zardari was scheduled, the fact that they only managed
to chat briefly during the Chicago summit was highlighted in the Western
media as a rebuke to Pakistan and its President. No attempt was made to
clarify the situation and instead US officials leaked selected information to
the media that Pakistan was demanding ridiculous amount of dollars per
container as a condition for reopening the NATO supplies routes. Not much
mention was made of Pakistans main demands from the US in light of the
recommendations of its Parliament for seeking an apology from the US for
the Mohmand Agency incident and an end to the drone strikes in its tribal
areas.
It seemed there was a calculated effort to present the situation as some
kind of hard bargaining by Pakistan to obtain as much money as possible
from the US for allowing the NATO supplies. Pakistans just demand for
payment of the blocked compensation funds under the head of the Coalition
Support Fund was also presented in a way as if it was exploiting the
situation to its advantage.
Though President Obama in his speech at the end of the NATO
conference reiterated the US stance that Pakistan has to be part of the
solution in Afghanistan, he also pointed out that there had been tensions
between NATO and Islamabad over the last several months. Those tensions
havent gone away and are, in fact, increasing All recent decisions in the
committees of the US Congress were aimed at tying the aid to the reopening
of the NATO supply route and assisting Washington and its allies in
achieving their objectives in the Af-Pak region.
Those objectives no doubt have now been reduced as Obama didnt
talk of victory in Afghanistan in his speeches at the NATO summit.
Realization has caught up with the member states of the NATO as they no
longer expect to defeat the Taliban after having failed to do so in more than
10 years. Insteadlong-term commitment by the US towards Afghanistan
719

through its bilateral strategic partnership agreement with Kabul and also
from the Nato platform were thus deemed necessary to send a message to the
Taliban that they shouldnt hope of waiting out the foreign forces and then
recapturing power.
However, this policy would also mean continued fighting and
instability in Afghanistan as the Taliban and even former mujahideen leader
Gulbaddin Hekmatyars Hezb-i-Islami, which is a lesser militant group and
marginal player on the battlefield, have stopped talking to the US and
Afghan governments, respectively, following the strategic partnership
agreement between Washington and Kabul.
In the absence of peace talks and political solution, there would be
little hope of ending the Afghan conflict. Pakistan would suffer the
consequences of the instability in Afghanistan, but it is unlikely to be given
its due role in ending the Afghan conflict if its relations with the US remain
fractured. The NATO summit reiterated faith in the Wests plans for
Afghanistan, but there was no real input from the war-ravaged countrys two
most important neighbours, Pakistan and Iran, in shaping the Afghan
endgame. Without help from Islamabad and Tehran, it wont be easy to
stabilize Afghanistan, but it seems the US and its allies arent ready yet to
accept this hard fact. (Rahimullah Yusufzai, The News 27th May)
Abbottabad letters and Pakistan: The Americans are masters of
creating catchy acronyms and the latest one gaining global recognition is
F3EA (Find, Fix, Finish, Exploit and Analyze), which is being heralded as a
major tool in the US armoury for conduct of the global war on terror. When
the SEAL team lifted away from the suburban compound that housed Osama
bin Laden, the heists jewel in the crown was a cache of documents and
computer files recovered from the compound. These captured documents
were to trigger a major analytical effort by the forensic experts of the
intelligence community in America to fill up the existing gaps in the jigsaw
puzzle about the activities of Osama, in pipeline and future operations of alQaeda and gain enough leads to facilitate further cyclical operations.
These documents also held the promise to provide the much sought
smoking gun by answering the million dollar questions, which the US
psychological warfare experts had persistently raised concerning the
clandestine support provided to Osama by the alleged rogue elements in the
security and defence establishment of Pakistan. A year has passed since and
no bombshell has come our way on that account, not to say that the spin
doctors in the US and their proxies have pulled any punches in maligning
720

Pakistan. A recent piece by Bruce Riedel appearing in the Newsweek


Pakistan bears ample testimony to the fact. But first a glimpse of what has
been bared through the declassification of 17 letters that were collected
along with heaps of other documents from Osamas Abbottabad compound
by the raiders.
The 17 letters comprising electronic letters or draft letters, which have
been declassified and released to the Combating Terrorism Centre (CTC) at
West Point, consist of 175 pages in the original Arabic and 197 pages in the
English translation From among the terabytes of data, scavenged by the
raiding party, this is truly a miniscule sampling, selectively declassified by
the US intelligence. Yet, it is significant in understanding Osama, his
operational relevance capability of planning and influencing al-Qaeda
operations from the seclusion of his hideout. The image that comes across is
that of a frustrated and sidelined individual having little clout to direct, even
influence the rhetoric of his affiliates and conjuring plans that are little more
than daydreams or wishful agendas. These also, quite emphatically, lay to
rest the disinformation concerning Pakistans involvement in providing
sustenance, support and a safe sanctuary to Osama; as our detractors are
wont to make the world believe. This is unfortunate that this vital aspect has
not been accorded due importance by the foreign or local media.
Going through these letters one finds that references to Pakistan are
scant, scarce and inconclusive. There is mention of trusted Pakistani
brothers, yet no explicit references to any individual or institutional
Pakistani support for al-Qaeda or its operatives emerge. In fact, the one
instance when Pakistan intelligence is mentioned by Osama, it categorically
comes across in a non-supporting role. In a letter to Attiya, in the course of
giving detailed instructions covering the passage of his released family from
Iran, Osama instructed him to be overly careful not to raise suspicions,
fearing that if the [Pakistani] intelligence commander in the region is very
alert, he would assume that they are heading to my location and he would
monitor them until they reach their destination.
Another myth laid to rest by the letters is that Osama, enjoying
patronage of Pakistani authorities, could move in Pakistan with ease and
impunity. To the contrary, his letters make it obvious that he understood the
compulsive and overarching need to merge with the ground and to that end
displayed ironclad discipline and control that for such a long time obscured
him from his dogged pursuers. In this context, he displayed an uncanny
attention to detail in defeating the prying eyes. Emphasizing the compulsive
importance of caution he wrote to Attiya that it was utmost important not to
721

allow children to leave the house, except in emergency situations The


letters make it manifest that rather than any local assistance from authorities,
it was due to Osamas own ironclad caution and adherence to operational
security protocol that enabled his survival for such a long time.
Instead of underscoring these facts that convincingly refute the
extensive propaganda against Pakistan, the spin doctors in the US and
elsewhere cherry pick only those fragments of letters, which serve their
own ends The declassified Abbottabad letters released by the West Point
Combating Terrorism Centre provide rare documentary evidence, proving
Pakistans innocence against charges of collaboration with Osama to help
evade his pursuers. This aspect, emerging from nowhere else, but the US
itself has not attracted the attention in Pakistan in a manner that the issue
deserves. The result is that the void has been picked up by foreign spin
doctors, who are adept at blotting out the positive and emphasizing the
negative to whet their own vested ends. (Momin Iftikhar, TheNation 28 th
May)

Afghanistan
A long way to go yet: That this time around the NATO member
countries seemed to have taken a slightly realistic view of the war in
Afghanistan was evident mainly from two signals emanating from the
summit. The first was the statement by President Obama after his meeting
with President Karzai that though the alliance is committed to a stable
Afghanistan; there could be hard days ahead. What he meant by hard days
is of course dropping a hint the combat forces are bogged down in the mess
and could further get embroiled in the maelstrom. In the presence of
representatives from other countries, who have had a first hand experience
of the power of the Taliban, he was careful not to brag about victory like he
did at the Bagram air base recently. Secondly, and in fact even more
importantly, the summit came out with the general realization expressed by
NATO officials as well as President Karzai that Pakistans role was central to
establishing lasting peace in Afghanistan. For one thing, this is going to be a
huge disappointment for New Delhi that has been trying to isolate us.
The funds earmarked for nation building including the Afghan
National Army and public infrastructure also bode well for the future since
currently its economy lacks any source of income except for poppy
cultivation and smuggling. The Summit simultaneously tried not to give the
impression that it was a losing side, apparent from French President
722

Hollandes unwillingness to stay put in the quagmire anymore and also from
thousands of protestors fiercely clashing with the police outside the
McCormick Palace demanding an end to the war. Condescending as it might
seem, in reality NATO Chief Rasmussens statement that they were in no
hurry to get out of the country was more of an attempt to put a gloss over
their dilemma. Otherwise the member countries would not have agreed to
stick to the 2014 roadmap. On the sidelines, when President Zardari whose
late flight cost him his scheduled meeting with Rasmussen had a discussion
with Secretary of Sate Hillary Clinton. As expected, it ended without the
Pakistani camp extracting either an apology or agreement over new transit
rates. How can Pakistan have a central role in the Afghan equation if its
basic problems are not taken care of?
Meanwhile, it is interesting to note that the Taliban too had been
closely observing these developments. It is because they have time and again
shown the occupying forces what they are capable of that the leaders at the
Summit seemed so concerned. Any future settlement would also have to take
into consideration their growing control of the country. Their inclusion in the
political process would greatly help establish peace once the combat troops
withdraw. (Editorial, TheNation 22nd May)
Now NATO should fill in the blanks: There is certainly much that
needs to be decided by the time the conference concludes later today. So far,
although the 2014 deadline for pulling all combat troops out of Afghanistan
was agreed two years ago, few further details have been fixed. Now they
must start to be. For Chicago to be a success, there must be clear progress in
establishing both the sequence of troop withdrawal and the massive
logistical programme needed to bring out the estimated 40bn-worth of
material in the region.
Trickier still, agreement must be reached on NATOs future role in the
country. As the departure date draws closer and the security situation in
Afghanistan shows little sign of unambiguous improvement it is more
difficult than ever to claim it is more than a war-weary concession to the
unconquerable Afghan terrain and an abandonment of its people to a highly
uncertain, and potentially violent, future. Indeed, President Obamas meeting
with his opposite number, Hamid Karzai to discuss a possible political
settlement with the Taliban, only underlines the degree to which the
goalposts have, once again, been shifted.
In order for the formal end of the decade-long conflict not to pitch
Afghanistan straight back to its former position as a human rights black spot
723

and safe haven for international terrorists, NATO proposes to retain an


extensive training and advisory role even after combat troops have left. Not
only must the scope of such an endeavour now be decided, so must its
details.
And central to that is the vexed question of money In April, the
Australian Prime Minister announced plans to withdraw all troops a year
early, by the end of 2013. And Franois Hollande, Frances new President,
pledged in his election campaign to withdraw French forces by the end of
this year. There is some room for manoeuvre Mr Hollande, for example,
has said France will continue other forms of support but the risk is that a
drip-drip of departures will leave only a US-led rump (including Britain) that
is more exposed, less effective, and at greater risk. Unless the NATO summit
can ensure that the trickle of departures does not become a flood, then the
case for an accelerated, comprehensive withdrawal only becomes stronger.
There are other issues on the table in Chicago, not least the missile
defence programme that ruffles feathers in Moscow. But it is with regard to
Afghanistan that there are questions that can no longer wait for answers.
Amid all the uncertainties, however, one thing is clear: even when the war
there is officially over, our involvement will not be. (Independent, reprinted
in TheNation 22nd May)
Afghanistan: Exit with no strategy: The more rapidly 2014
approaches, the sharper the contrast will become between airy aspiration and
gritty realities on the ground. And yet the prospects of an irreversible
transition from a foreign-led combat mission to an Afghan one depend more
than ever on results, not statements or hopes. Mr Karzai may claim that soon
75pc of the population will come under the protection of local forces, but the
ability of Afghan forces to stand on their own remains unproven theory
rather than established fact.
Those are the words of Ronald Neumann, a former US ambassador in
Kabul, not ours. Doing nothing to staunch the combat while troops are being
withdrawn, the exit strategy amounts to little more than firing the same
volley of bullets through a longer barrel.
On this point alone, the statement issued by the Taliban is right: one
step forward, two steps backward and no clear strategy for a political
solution. It is only when the Taliban commanders held in Guantnamo Bay
are handed over, that the next paragraph in their statement can be tested: that
if the occupation of Afghanistan is ended Afghans canreach a resolution
regarding their country.
724

Getting from a jihad run in the name of an Islamic emirate to a


power-sharing agreement with an Afghan government that retains control of
Kabul and most of the country will require negotiating resources that no
Afghan leader has lived long enough to accomplish. The Taliban show no
signs of being forced to the negotiating table. And the US shows no signs of
abandoning the good fight, even though it has long since turned bad.
(Guardian Editorial, reprinted in TheNation 23rd May)
Messy Afghan war heads for uncertain ending: Its official. The
United States and its war weary NATO allies are pulling out of Afghanistan
win, lose or draw. A year from now, primary combat responsibilities will
belong to the Afghan army, and by the end of 2014 Americas longest war
will end, 13 years after it began, save perhaps for a small residual force.
This will happen even if the Taliban is recovering from its losses of
the last year. And it will happen whether or not Afghanistans rapidly
expanding but still under-trained military is ready. The timetable is
irreversible, NATO proclaimed Monday.
President Obama and other leaders tried, not very successfully, to
paint a pretty face on their plan. But the hard fact is that the Afghanistan
conflict will go into the history books in much the same way that every
major war since World War II has: an unsatisfying, incomplete mess. Theres
no mystery about the reasons, and no shortage of blame to spread around.
The 2001 invasion that wiped out al-Qaedas training camps
degenerated into a fuzzy exercise in nation-building. Then, as the illconceived war in Iraq began to founder, resources were siphoned off and
Afghanistan was orphaned.
By the time Obama came to office proclaiming Afghanistan to be a
war of necessity it was already beginning to look like a quagmire. A year
later, Obama concluded as much. According to an extraordinarily detailed
account in The New York Times, he cut the military out of the decisionmaking, narrowed the wars objectives and committed to a rapid pullout on a
fixed timetable, even as he announced a surge of US forces.
Timetables and plans without generals are no way to win a war. But
13 years also is too long to fight one. With Americans and Afghans both
turning against the war, a clear-cut victory is no more attainable than it was
in Vietnam, Korea or Iraq.
In that light, Obamas decision is encouraging. It is the latest signal of
his conclusion that the nation is ill-served by massive, optional ground wars.
725

Thats why there were no troops on the ground in Libya and why there are
unlikely to be any in Syria.
There will instead be financial support for Afghanistan, without which
the government would collapse, and a sharp focus on al-Qaeda, which
continues to pose a threat to the United States.
Thats hardly a happy ending, but given the poor options, it might turn
out to be a smart one particularly if the United States finally learns to fight
wars only as a last resort and then only with precise objectives and
overwhelming force. (USA Today editorial, reprinted in TheNation 24th
May)
When emotions trump reason: The outcome of the Chicago
Summit was unspectacular, but the decision to transfer the lead role for the
maintenance of security to the ethnically imbalanced Afghan forces as early
as mid-2013 is fraught with grave consequences. Unless significant progress
is made on the peace process well before that time the country could hurtle
towards a prolonged civil war unparalleled in its ferocity.
The Chicago Declaration stresses that the countries in the region,
particularly Pakistan, have important roles in ensuring enduring peace,
stability and security in Afghanistan and in facilitating the completion of the
transition process. But enduring peace can only come from the Afghans
themselves and the primary role that countries in the region can and should
play is to encourage the Afghan groups to sort out their differences at the
negotiating table. It is the quest for national cohesion in an ethnically
heterogeneous population that has always defined the Afghanistan problem.
The ethnic map of the country, with the groups separated and confined
to clearly defined areas, has militated against national unity. The Hindu
Kush range has served as the rough divide. Through the course of Afghan
history it has been uni-ethnic rule in a multi-ethnic society that has been at
the heart of the countrys violence-ridden past.
It is against this background that Stanford Universitys Francis
Fukuyama, best known for his 1992 book The End of History and the Last
Man, wrote in an article earlier in the week that the key to durable peace in
Afghanistan was in complete decentralization. Under this arrangement there
would be a nominal government in Kabul and the different regions of the
country would be granted a much higher degree of de jure autonomy.
But the problem here is that under the 2004 constitution, which
emerged from the guidelines in the Bonn Agreement and the subsequent
726

Loya Jirga (grand council), Afghanistan became one of the most unitary
centralized states in the world. Under Article 150, devolution of powers to
the regions will require a constitutional amendment and this has to be
approved by a two-thirds majority in a Loya Jirga.
There is a possibility the Taliban could agree on a system that gave
them control of southern Afghanistan and in return the other ethnic groups
would have maximum autonomy within their own respective regions. This
can only emerge from an intra-Afghan dialogue which Pakistani politicians
should facilitate instead of wasting time in puerile and emotional issues such
as obstructing the restoration of NATO supply routes. Chaos in Afghanistan
will unleash Miltons nightmare of whirlwinds of tempestuous fire and the
region will be aflame. (S Iftikhar Murshed, The News 27th May)
Summits that cap the Wests decline: NATO is scarcely in better
shape. Failure in Afghanistan does not mean the end to the alliance; nor does
the US pivot to Asia prefigure an abrupt end to the partnership. Al-Qaeda
has been decapitated by American drones and marginalized by the Arab
uprisings. For all the mutual frustrations, the US and Europe still need each
other to safeguard the global commons. Whats missing is a guiding purpose
- and a willingness on the European side to pay for the alliances upkeep.
The other day I asked a distinguished military scholar from Washington
what NATO is now for. Events, he said, would provide the mission: stuff
happens, in Donald Rumsfelds famous phrase. He is right that inertia is on
the side of preserving at least the form of the alliance. Whether it will
amount to much, I am not so sure.
The west is not finished. These nations remain by far the richest on
the planet. For every tale of woe about gridlock in Washington there is a
story of American enterprise and ingenuity. Billions of people around the
world would give anything for what Europeans call austerity.
The rest have their own problems. The recent glimpse of political
stasis in India, faltering growth rates in places such as Brazil - all are another
reminder that history does not travel in straight lines. Nor are any of these
powers willing or able to take on the global responsibilities shouldered by
the US and, to a degree, by Europe.
Relative decline is the wests fate. Inevitably, it will be uncomfortable
but it need not be harrowing. What is so maddening is that the leaders who
gathered in Washington and Chicago seem so determined to make the very
worst of it. (Philip Stephens for Financial Times, reprinted in TheNation
28th May)
727

REVIEW
The Government of Pakistan has been constrained not to deliver for
the cause of the Crusaders, unlike the last four years. It has been so primarily
because of two reasons. First, the Executive had restricted the space for itself
by referring the matter of Pak-US ties to the Parliament after Salala
massacre. The deliberations by the PCNS and finally unanimous adoption of
14-point resolution in a joint session curtailed the options for the
government
Secondly, in an election year it was difficult for the government to
ignore the public sentiment as expressed through media and clearly
documented in the above mentioned resolution. It became quite difficult to
be ignored even for the regime that has come into being and has been
surviving under a secret deal with the United States.
The US administration understands these political limitations of
Zardari regime, yet its past experience encourages it to get the work done by
exerting extra pressure. It has not so far decided for regime-change, because
no suitable alternative to PPP is available. It is said that the rogue
superpowers treat the regimes of weaker countries like prostitutes and
always have a substitute ready. Obama Administration has faltered for once
for not having a substitute ready for Pakistani prostitute.
Nevertheless, Zardari saw an opportunity in the prevalent strained
relations with the US and availed it to introduce his son, Bilawal Bhutto
Zardari to international diplomacy. Bilawal started with begging Obama for
an apology for Salala massacre, not out of any optimism but to pretend
before Pakistanis that he was fighting their case forcefully.
NATO Summit on Afghanistan, as far as Pakistanis are concerned,
seemed to have been arranged for Pakistan bashing only. It wasnt so;
bashing was meant to keep Pakistan on the back-foot while the Crusaders
were facilitating its traditional adversary to have foothold in its backyard
under umbrella of the United States.
The US has told its European allies to bear their due share of financial
burden for corporate imperialism or modern neo-colonialism. Some
European Crusaders, however, have been exhausted waging holy war in
unholy land like Afghanistan. They have drawn plans to pull out their
troops ahead of stated schedule or are mulling to do so

728

Meanwhile, Afghan Parliament has approved Obama-Karzai


Agreement for stay of US troops in Afghanistan till 2024. Karzai has
successfully exploited the weakness of Afghan tribal elders for hard cash.
But, Taliban have rejected that Karzai deal for selling their country so cheap.
28th May, 2012

AROUND GLOBE - IV
During the three weeks under review there has been unprecedented
surge in spilling of Muslim blood in Syria and in the southern tip of Arabian
Peninsula, called Yemen. In the case of latter country the United States and
its regional Arab allies have put their full weight behind the new ruler
installed in Sanaa. Resultantly, the Yemeni troops and American drones
have resorted to brutal killings, especially in the south.
The deployment of unarmed observers in Syria has been seen by the
rebels as an act of moral support in addition to the funding and arms
supplies they had been getting from outside. The biased reporting by the UN
observers has exerted extra pressure on Assads regime as demonizing
campaign has been upped.
The new spate of militancy spilled over to Lebanon where pro- and
anti-Assad groups got embroiled in fighting. Rest of the region has been
comparatively quiet. Egyptians passed the first test in democratic process
remarkably well as they voted in Presidential polls peacefully.

NEWS
Far East

729

On 13th May, a special court in Bangladesh indicted 89 year old


Ghulam Azam of Jamaat-e-Islami for committing atrocities in 1971 War. On
21st May, Indonesian prosecutors asked for a life sentence rather than the
death penalty for Bali bomb-maker Umar Patek, arguing that his remorse in
the dock should spare him from a firing squad. Patek, 45, is accused of
masterminding attacks on two nightclubs on the resort island in October
2002 which killed 202 people, including 88 Australians, and on churches in
Jakarta on Christmas Eve 2000. He was arrested in Abbottabad in January.

Middle East
Iraq: On 13th May, a suicide bomber targeted a police check point in
Baghdad killing three people while car bombs hit army and police in two
other cities claiming three more lives. Five days later, five people were
killed in three bomb blasts in pet market in Baghdad and 31 other people
were wounded.
On 19th May, a US soldier was charged with murder over the 2009
killing of five comrades at a stress clinic on the biggest US base in Iraq.
Sergeant John Russell, who is being held at the Joint Base Lewis-McChord
in Washington State, faces a court-martial over the killings, although no trial
date has yet been set.
On 27th May, a roadside bomb in Anbar Province wounded 19
Pakistani Shia pilgrims. A bus carrying Pakistani pilgrims was targeted on
the highway to Baghdad from Fallujah. The pilgrims were going to visit the
Al-Askari shrine in Samarra, north of Baghdad.
On 31st May, a car bomb exploded in northeastern Baghdad, killing at
least eight people and wounding 25 more in a busy market area. The blast
near a restaurant in the mainly Shi'ite Shula district was the first serious
attack on the Iraqi capital since mid-May when a suicide bomber hit a police
checkpoint.
Palestine: On 13th May, Palestinians held rallies to show solidarities
with prisoners on hunger strike in Israeli jails. Mahmud Abbas warned of
national disaster over strikes. Next day, EU condemned Israel over Jewish
settlements as Palestinian hunger strikers signed a deal to end fast.
On 15th May, clashes were reported between protesters and Israeli
forces as Palestinians observed Nakba Day. Next day, new Palestinian
government in the West Bank featuring 11 new faces was sworn in at a
ceremony in Ramallah, in a move which angered the Hamas government in

730

Gaza. Ministers, including returning Prime Minister Salam Fayyad, took the
oath of office in the presence of Palestinian president Mahmud Abbas.
This strengthens the division Hamas spokesman Fawzi Barhum told
AFP, saying it shows clearly that the Palestinian Authority and Fatah are far
from implementing the unity agreement. In a bid to explain the decision,
Abbas said he was forced to announce a new government after his
Ramallah-based administration found itself unable to function. And he also
left the door open to an 11th hour agreement with Hamas.
On 17th May, seven Palestinians were wounded when Israeli tanks
fired into Gaza Strip; two of the wounded were in serious condition. On 26 th
May, an Israeli settler shot and wounded a Palestinian man in a clash that
began when a group of settlers set fire to wheat fields belonging to a
Palestinian village in the occupied West Bank. The Israel Defence Forces
regard this incident as severe and will thoroughly investigate it, a
spokesman said.
Syria: on 12th May, at least eight people were killed in incidents of
violence across Syria as the UN observers oversaw the implementation of
the truce. Syrian authorities freed Turkish journalist. Next day, at least 28
people were killed in clashes across Syria; in one of the encounters the
troops were forced to storm a village of Hama Province to oust the rebels.
UN watchdogs could do no more than reporting the incidents.
On 14th May, EU clamped additional sanctions on Syria. Next day,
reports originating from Beirut said at least 43 people were killed across
Syria; 26 of them were gunned down by security forces while they were
attending funeral of a man killed yesterday. A bomb also exploded near
convoy of UN monitors, but no losses were reported. Meanwhile 51 percent
voters turned out to cast votes in parliamentary polls.
On 16th May, Syrian forces were accused of having executed 15
civilians, as the office of UN-Arab League envoy Kofi Annan said UN
observers were evacuated from a tense town a day after a blast hit their
convoy. Syria's President, however, accused the West of ignoring violence
by terrorists and said he would demand an explanation from Annan when
he visits Damascus later this month.
At least 11 more people were killed in incidents around the country,
while another four died of wounds suffered during the funeral in Khan
Sheikhun. This mission is there to help the people of Syria, to help ensure
that the six-point plan is implemented, spokesman Martin Nesirky said,

731

referring to Annan's peace plan. Iran, the main regional ally of Syria, said
Damascus needed more time to make the plan work.
Turning to legislative elections held on May 7, Assad said they
showed that the Syrian people are until now supporting the policy of
reform and support the institutions of the state. Voter turnout was 51.26
percent and, so far, only limited results have been released.
According to the Syrian Observatory, around 25,000 people are
currently detained in Syria. Annan's peace plan calls for the release of those
detained in relation to the uprising. Meanwhile, Annan urged Syria to stop
delaying an agreement on allowing UN access to more than one million
Syrians in need of assistance, saying the process had been very slow.
The Washington Post reported that Syria's rebels have seen an influx
of arms including anti-tank weaponry, in an effort coordinated with the help
of the United States. Officials in Obama Administration insisted that it was
not directly supplying the weapons or providing funding, with Gulf States
paying for the new arms. But Washington has stepped up links with the
rebels and regional militaries allying with them, playing a role in the rebel's
foreign support network.
Next day, Syrian opposition leader resigned to avert divisions within
the opposition bloc, after activists on the ground accused him of
monopolizing power. On 18th May, security forces fired on protesters who
took to the streets of Aleppo, the second biggest city, wounding several
people. Similar incident was also reported from Douma, Deir Ezzor, Hasaka,
Homs and Idlib.
Next day, a suicide bomber detonated an explosives-laden car outside
security headquarters in Syrias biggest eastern city of Deir Ezzor, killing
nine people and wounding 100; whereas Obama said that the G8 which
includes Russia agreed that the political process in Syria should move
forward in a more timely fashion. At least 10 other people were killed
elsewhere in the country.
On 20th May, at least fifty people were killed in violence across the
country, including 34 civilians who died in an assault in the restive central
Hama Province. Meanwhile, the UN said 480 Palestinian refugees have fled
Syria to Jordan because of rampant violence. Next day, Syrian forces
ambushed and killed nine army deserters in a north Damascus suburb, as
NATO ruled out military action against the regime of President Assad.

732

On 22nd May, Syrian security forces carried out a spate of raids in


Damascus after a deadly bombing hit the capital and UN chief Ban Ki-Moon
warned the search for peace was at a pivotal moment. State television said
the late Monday blast hit a restaurant in the Qaboon neighbourhood of the
capital; five people were killed. Powerful blasts were heard overnight in a
number of provincial cities, including central Hama, northern Aleppo and
the coastal cities of Banias and Latakia. One person was killed by gunfire in
Nouaymeh, a town in the southern province of Daraa.
Next day, Syrian forces tried to storm the rebel bastion of Rastan
under cover of heavy gunfire, shelling and rocket bombardment. There was
no word on any Rastan casualties, but 12 people were reportedly killed
nationwide, including seven troops shot dead at Qalamun in Damascus
province as they tried to defect to the rebellion.
The rebel Free Syrian Army, meanwhile, denied it was behind the
kidnapping of Lebanese Shiite pilgrims in the north, an incident adding to
tensions in neighbouring Lebanon. Activists said lawyers and sympathizers
with the revolt staged a sit-in at Aleppo's judicial complex to demand the
release of political prisoners, as well as pay tribute to four students killed at
a May 3.
Oil Minister Sufian Allaw admitted that punitive measures imposed
by the West have cost Syria almost $4 billion and caused shortages in fuel
products. The oil sector has lost almost $4 billion because of the unjust
European and US sanctions, blocking exports and imports of oil and oil
derivatives, he told a news conference.
On 24th May, a UN panel said that government forces are to blame for
most rights abuses in the latest unrest sweeping Syria. President Assad
insisted his government was capable of finding a way out of the crisis, even
as parliament overwhelmingly voted for a member of his Baath party as
speaker following a May 7 election boycotted by the opposition and
dismissed by the West as a farce.
The report comes hot on the heels of accusations by Amnesty
International that the pattern and scale of state abuses may have constituted
crimes against humanity. The London-based rights watchdog denounced the
UN Security Council for failing to refer Assad to the International Criminal
Court as it had done with Libya's Moamer Gaddafi.
The allegations came as government forces pounded the rebel
stronghold of Rastan, in central Syria, for an 11th consecutive day, killing at
least three civilians. Violence elsewhere killed 10 people, including four
733

summarily executed in Basamis, in Idlib province in the northwest.


Government forces have been trying to overrun Rastan since May 14.
Next day, thousands of activists took to the streets of Aleppo and Idlib
braving the gunfire of Syrian troops; as at least 28 people were killed across
the country. For the first time in the region, gunship helicopters fired on
rebel-controlled mountain villages in the Latakia area of northwestern Syria,
near the Turkish border, wounding at least 20 people.
On 26th May, the United Nations said that more than 92 people were
killed in what activists said was an artillery barrage by government forces in
the worst violence since the start of peace plan to slow the flow of blood in
Syrias uprising. Activists said Assads forces shelled the town of Houla on
Friday evening. Arab League head Nabil Elaraby called the killing in Houla
a horrific crime, urging the UN Security Council to stop the escalation of
killing and violence by armed gangs and government military forces.
Next day, fighting continued in rebel bastion Rastan and at least eight
people were killed in across Syria. The government denied its forces were
responsible for killing 92 people, a third of them children, in the central city
of Houla as Arab and Western states accused it of a massacre. Blaming
terrorists for the killings the spokesman said the government had opened an
investigation.
Arab League foreign ministers planned to hold an emergency meeting.
Syria's charge d'affaires in London will be given a diplomatic dressing-down
by one of the top Foreign Office civil servants on May 28 so that Britain can
stress its condemnation over the incident. Obama planned to seek Russias
help to ease out President Assad under a proposal modeled on the transfer of
power in Yemen. The plan calls for a negotiated political settlement that
would satisfy Syrian opposition groups but that could leave remnants of
Assads government in place.
On 28th May, at least 36 people, most of them regime forces, were
killed as clashes erupted in several restive provinces. The deadly violence
came even as UN-Arab League envoy Kofi Annan arrived in Damascus to
try to salvage a battered ceasefire. Five civilians were among those killed by
a sniper in Hama. Another two civilians, including an old man, were shot
dead inside their home in Nawa, in southern Daraa, by forces. Three rebel
fighters and a member of the pro-regime Shabiha militia were killed by
gunfire.
France will host a Friends of Syria meeting in Paris, the French
presidents office announced Monday a day after Francois Hollande and
734

British Prime Minister David Cameron held talks on the crisis. In a


statement condemning the Damascus regimes use of artillery in a massacre
that killed at least 108 people, the presidents office said the countrys
leaders would have to answer for their murderous folly.
Syrias main opposition coalition called on Monday for countries that
support the anti-regime uprising to honour their promises by helping Syrians
defend themselves. The Syrian National Council calls (on) brothers and
friends of the Syrian people to help before its too late. Stopping short of
explicitly calling on countries to arm the opposition, the SNC statement
reiterated called on the international community to take urgent action in
order to stop the killing of civilians. Rebels in Syria are partly responsible
for the massacre of more than 100 people in the Houla region.
Next day, Western powers expelled Syrias envoys in outrage at a
massacre of 108 people and peace envoy Kofi Annan urged President Assad
to take bold steps to halt the bloodshed as a tipping point had been reached.
Bashar al-Assad is the murderer of his people, French Foreign Minister
Laurent Fabius told Le Monde. He must relinquish power. The sooner the
better. His Australian counterpart Bob Carr said: This massacre of more
than 100 men, women and children in Houla was a hideous and brutal
crime.
The United States, France, Britain, Canada, Germany, Italy, Spain,
Australia and Bulgaria gave Syrias envoys hours or days to leave their
capitals in a coordinated move meant to further isolate Assad. Some had
already expelled ambassadors or downgraded ties and so, like Washington,
ordered out less senior charges daffaires.
While Western and Arab countries have unilaterally imposed
economic sanctions on Syria, Russia and China have blocked any similar
move at the United Nations. But Moscow, which on Sunday backed a nonbinding UN Security Council text criticizing the use of artillery and tanks in
Houla, has twice vetoed tougher resolutions, showed no sign of changing its
stance.
On 30th May, fierce fighting erupted between regime troops and rebels
near Damascus and in Homs Province and 39 more people were reported
killed across Syria, including at least 14 regular troops. A blast struck a
pipeline in Deir Ezzor, according to the state news agency SANA this was
the second time the pipeline was targeted.
Meanwhile, world powers including Russia and Germany said it was
premature to speculate about a military intervention in Syria after France's
735

president said armed force was not ruled out. Germany also said it saw no
grounds to speculate on a possible military intervention. UN-Arab League
peace envoy Kofi Annan said the situation in Syria is complex and urged
an intensification of international efforts to end bloodshed that has killed
thousands of people.
Washington slapped sanctions on the Syria International Islamic Bank,
saying it had helped the Damascus regime skirt sanctions placed on the
country's leading bank. Qatar is supporting the move with corresponding
actions, the US Treasury said, as the US and allies step up pressure on the
regime of President Assad, accused of brutal campaign of repression against
a popular uprising.
Next day, US Defense Secretary Leon Panetta said that any military
action in Syria would need backing from the United Nations, but called
recent violence intolerable. Asked if he could foresee a scenario in which
the United States would back military intervention even without UN
authorization, Panetta said: No, I cannot envision that. Panetta's comments
came a day after the US ambassador to the United Nations, Susan Rice,
warned of possible US military intervention if Russia refuses to drop its
opposition to tough sanctions against Damascus.
Rice spoke of three possible scenarios: Syria could implement UNbrokered peace deal, the Security Council could ratchet up the pressure on
Damascus or, failing that, outside powers could be forced to launch a
military action. Panetta opposes unilateral military action and wants to see
more diplomatic and economic pressure against Syrian President.
Bill Clinton said the worsening situation in Syria was similar in some
respects to one he faced in the Bosnia crisis in the 1990s, and said a way
must be found to stop the violence. In an interview with CNN, he
sympathized with President Barack Obama whose administration has
resisted any US military intervention to halt more than a year of bloodshed
in Syria.
Rebels have given Syria's regime until Friday noon (0900 GMT) to
observe Kofi Annan's plan for ending bloodshed in Syria, warning they will
take courageous decisions if the deadline is not met. The ultimatum by the
Free Syrian Army was followed by a demand from UN chief Ban Ki-moon
that the regime implement Annan's six-point plan.
On 1st June, at least 18 more people died in the relentless violence
across the country. World leaders voiced fears that Syria stands on the brink
of civil war but found little agreement on how to bring it back from the
736

abyss. Talks in Berlin between Angela Merkel and Vladimir Putin exposed
the sharp differences between Arab and Western governments and Damascus
allies Beijing and Moscow on the way forward.
After talks with UN chief Ban Ki-Moon in Istanbul, British Foreign
Secretary William Hague voiced concerns. Both the secretary general and I
and also the opposition in Syria think that Syria is on the edge of a
catastrophic situation...on the edge of an all-out civil war and the collapse of
Syria into sectarian strife, Hague told reporters.
Lebanon: On 13th May, three people were killed when fighting
erupted in the city of Tripoli between members of the Alawite minority loyal
to Syrian President Assad and members of the Sunni majority; both sides
used rocket-propelled grenades and automatic rifles. Next day, death toll
reached five in Syrian-linked violence in the city of Tripoli.
On 16th May, in Lebanon, four people were wounded as new clashes
erupted in Tripoli between the army and rival pro- and anti-Assad
neighbourhoods in the city. Three days of clashes between residents of the
two neighbourhood that broke out last Saturday left nine people dead and
some 50 wounded before the Lebanese army intervened.
On 21st May, street battles between pro- and anti-Syrian groups in
Beirut overnight left two people dead, sparking fears the conflict in Syria is
spilling across the border into Lebanon. The latest fighting erupted hours
after reports emerged that army troops had shot dead Sheikh Ahmad Abdul
Wahad, a prominent anti-Syria Sunni cleric, when his convoy failed to stop
at a check point in north Lebanon. Another cleric in the car was also killed.
His killing followed a week of intermittent clashes between Sunnis
hostile to the Syrian regime and Alawites who support Assad that left 10
people dead in the northern port city of Tripoli. The violence highlighted a
deep split between Lebanons political parties where the opposition backs
those leading the uprising against Assad while a ruling coalition led by the
powerful Shiite Hezbollah supports the regime.
Reflecting mounting fears of an escalation, the United Arab Emirates,
Bahrain and Qatar urged their citizens at the weekend to avoid travel to
Lebanon. The US embassy in Lebanon also advised its citizens of the
potential for continued demonstrations, road blockages and violence during
the three days of mourning called for Wahads death.
UN Secretary-General expressed concern that violence from the 14month conflict in Syria could spread to neighbouring Lebanon, and
737

reiterated his fear that the Syrian violence may erupt into a full-scale civil
war. In readout of a meeting between Ban and new French President on the
sidelines of the NATO Summit in Chicago, Ban said the world is at a
pivotal moment in the search for a peaceful settlement to the crisis.
UN special coordinator for Lebanon Derek Plumbly also voiced
concern about the fighting and called on all the parties to stop fighting.
Differences must be addressed through dialogue, not resort to violence, he
said in a statement. UN spokesman Farhan Haq told reporters in New York
that Plumbly was in contact with all parties in Lebanons government, which
would include the pro-Syrian Shiite Muslim militant movement Hezbollah.
Next day, protesters blocked roads in the northern Akkar region for a
third day amid mounting tension over the conflict in Syria. The road closures
were linked to the weekend killings of two clerics at an army check point in
Akkar, a mainly Sunni region whose inhabitants are hostile to Assad's
regime. The killings had ignited street battles in Beirut that left two people
dead and 18 wounded.
Separately, Syrian rebels kidnapped 13 Lebanese Shiite Muslims in
Aleppo province as they were headed home by bus from a pilgrimage in
Iran. Reports of the kidnappings prompted families of those abducted to
gather in Beirut's mainly Shiite southern suburbs to demand their release.
On 25th May, a group of Lebanese Shiite pilgrims kidnapped in
northern Syria were freed on Friday and were headed home via Turkey,
Lebanese Health Minister Ali Hassan Khalil said. Lebanon's state news
agency had accused the FSA of kidnapping them, a claim denied by the rebel
army.
Turkey: On 25th May, two suicide bombers killed a policeman and
wounded more than ten people in central Turkey. The two attackers rammed
their vehicle in to a police station in Kasseri area. On 28th May, Turkey was
ready to try four Israeli military commanders held responsible for the killing
of nine Turkish activists in a 2010 raid on a Gaza-bound aid flotilla, Anatolia
news agency reported. An Istanbul court unanimously approved an
indictment finalized by Turkish prosecutors, who want life sentences for the
Israelis for their alleged role in the deadly flotilla raid.
Bahrain: On 12th May, the US resumed military supply to Bahrain
after successful suppression of uprising that was part of Arab Spring.
Saudi Arabia: On 23rd May, Saudi Arabia signed a $3-billion deal
with Britain to buy trainer jets for the Gulf kingdom's air force. The
738

agreement includes the provision of simulators, training equipment and


spare parts. The official said the new jets would help qualify Saudi pilots to
use fourth-generation jet fighters in full professionalism and efficiency.
Yemen: On 12th May, at least 16 militants were killed in two US
drone attacks in Yemen. Two days later, government official reported that 37
militants were killed in two days fighting in Zinjibar area. On 15 th May,
Yemeni security forces pushed their offensive in Loder and Abyan areas
using ground troops and air force; 12 civilians were among 53 killed.
On 17th May, Army claimed routing al-Qaeda militants from their
southern stronghold, while two militants were killed in US drone attack.
Next day, security forces advanced towards the city of Jaar, considered a
bastion of al-Qaedain Yemen. On 19th May, at least 22 Qaeda-linked
militants and 12 Yemeni soldiers were killed in clashes and air strikes
overnight during a new US-backed offensive against insurgents in the south
of the country. Government troops, backed by US drone strikes, have been
trying to push the insurgents out of strongholds in the south of the country,
which lies near oil shipping routes through the Red Sea. Washington and
Yemens neighbour Saudi Arabia both fear the instability in Yemen could
give Qaeda a stronger foothold in the region.
Since the offensive began one week ago, 195 people have been killed,
including 134 Qaeda fighters, 31 military personnel and 17 civilians.
According to Western diplomats in Sanaa, US experts advise the Yemeni
army in combat, but Washington does not recognize this participation, or the
drone attacks against Qaeda, although only US forces have such aircraft in
the region.
On 21st May, a Yemeni soldier packing powerful explosives under his
uniform blew himself up in the middle of an army battalion in Sanaa, killing
96 troops and wounding around 300; the casualties were being treated in
seven hospitals of the capital. All the dead and injured were soldiers, they
added. There was no immediate claim of responsibility for the blast.
The unidentified bomber detonated his explosives as soldiers from the
government's central security forces, commanded by a nephew of former
president Ali Abdullah Saleh, rehearsed for an army parade to mark the 22 nd
anniversary of the unification of north and south Yemen, according to the
military official. Defence minister was present at the time of the explosion
but escaped unharmed.
Attack is Sanaa's most deadly since Hadi took power in February with
a pledge to fight al-Qaeda's growing presence in the country. Hadi was
739

expected to give a speech at the military ceremony scheduled for Tuesday. It


remained unclear if the parade will take place as planned.
The suicide bombing comes 10 days into a massive army offensive
against al-Qaeda in Yemen's restive southern Abyan province, where the
jihadists have seized control of a string of towns and cities in attacks
launched since May last year. The offensive followed days after the White
House announced that a plot by al-Qaeda in the Arabian Peninsula to blow
up a US airliner had been foiled.
Yemen military and tribal sources said that 11 al-Qaeda fighters and
three Yemeni soldiers were killed in the latest fighting around the southern
city of Jaar. The clashes during the night took place mainly at the city's
western entrance, a military source said, adding that 17 soldiers were
wounded in the clashes. In a separate incident, al-Qaeda militants attacked a
Yemeni military base in Wadi Hassan, east of Zinjibar, killing seven soldiers
and wounding 23 others and fierce fighting also erupted northeast of the city.
Al-Qaeda militants claimed they raked with gunfire a convoy carrying
four US military advisers in Hudaida, but American officials said they had
no such personnel in the port city. The jihadists said in a statement that
gunmen had opened fire on Sunday on two cars carrying four American
military advisers who were in the Red Sea city on a training mission with the
Yemeni Coast Guard.
Next day, Yemen's army chief vowed no let-up in an offensive against
al-Qaeda after a suicide bomber killed 96 soldiers in an attack in the heart of
Sanaa and two other would-be attackers were arrested. The arrested men
wearing explosives belts each packed with 13 kilograms were planning to
carry out further attacks. Army chief of staff Ali al-Ashwal warned al-Qaeda
and its local affiliates that the war against them would continue unabated.
Clashes erupted anew on the western outskirts of al-Qaeda stronghold
Jaar, where the army is currently focusing its assault. Obama said the United
States was very worried about the threat posed by AQAP and pledged to
work with the Yemeni government to crack down the group. The United
States has carried out regular drone strikes against AQAP suspects in Yemen.
On 23rd May, Saudi Arabia, concerned that chaos in Yemen would
further embolden al-Qaeda on its own doorstep, pledged $3.25 billion in aid
to its neighbour at a donors' meeting. Riyadh, which already provides oil and
military aid to its impoverished neighbour, convened Western and Arab Gulf
nations to see how they can help Yemen push ahead with reforms and tackle
its poverty and lawlessness.
740

As the meeting began, Yemeni Finance Minister Sakhr Ahmed alWajeeh told reporters he would be happy if his country achieved economic
growth of 1 per cent in 2012, and that even this modest goal relied on
foreign generosity. Yemen is likely to run a $2.5 billion budget deficit this
year, he added.
The Planning and International Cooperation Minister told the
conference his country needed an initial $2.17 billion to help stabilize the
country, fight militant attacks and ease a humanitarian crisis. It required a
further $5.8 billion in future to develop the economy and national
infrastructure, with $3.7 billion needed by 2014, he added.
Countries from the Gulf Cooperation Council, which includes Saudi
Arabia, Kuwait, Qatar, Bahrain, the United Arab Emirates and Oman,
attended the meeting, as did the United States, the European Union, France,
Egypt and Russia, the International Monetary Fund and the World Bank. In
April the IMF resumed lending to Yemen, approving the payment of a $93.7
million loan to help it address a balance of payments deficit that worsened
during the political turmoil.
Meanwhile, six Yemeni soldiers and 22 al-Qaeda militants died on
the army pressed an offensive against bastions of the jihadist network
south Yemen into a 12th day. Nine soldiers were also wounded
government forces attempted to advance on the northeastern outskirts
Zinjibar, the capital of Abyan Province.

as
in
as
of

Next day, Yemeni troops killed 35 al-Qaeda militants in overnight


battles in the Abyan province, as the army pressed ahead with a 13-day
offensive to retake extremist strongholds. Clashes also continued in Zinjibar,
the provincial capital which fell to al-Qaeda militants last May.
Meanwhile, The US Air Force delivered emergency medical supplies
to Sanaa to help treat Yemeni soldiers wounded in a suicide bombing that
left 96 killed, officials said. A US C-130 cargo plane carried more than
13,000 pounds of bandages, sutures, medications, intravenous fluids and
other items to Yemen.
On 25th May, a suicide attacker drove an explosives-packed car into a
post held by Shiite Zaidi rebels in north Yemen, killing 13 people, including
three children. The toll is expected to rise especially among civilians
because the school is located right in the town centre. Suicide attacks in
Yemen have increased since President Abdrabuh Mansur Hadi was sworn in
earlier this year.

741

Next day, Yemeni Army battled al Qaeda-linked militants in Zinjibar,


recapturing key positions in the rebel-held southern city and killing at least
62 extremist fighters; many of the dead militants were Somalis. Four
government soldiers died and four were wounded in the fighting.
Washington considers Yemen's al-Qaeda wing, which has attracted foreign
fighters from places such as Somalia and Saudi Arabia, the most active cell.
Military official said eight soldiers were also killed when a road-side
bomb ripped through their vehicle near Jaar. Meanwhile, a Saudi Arabian
diplomat kidnapped by al-Qaeda militants urged the Saudi king to meet his
captors' demand for the release of women prisoners, in a video message
posted on the Internet.
On 27th May, at least 22 militants were killed in overnight clashes and
an air strike in southern Yemen. Around 15 of the dead were killed in
fighting north of the militant stronghold of Jaar. The bodies of seven
militants were seen being carried away from a factory located west of Jaar,
which is used by Ansar al-Sharia as a base, after it was attacked by a Yemeni
warplane.
On 29th May, five people were killed in an assault launched by alQaeda fighters on a Yemeni army convoy ferrying supplies to troops in
Abyan Province. Three Yemeni soldiers and two fighters of al-Qaeda were
killed during the assault on the military convoy. The militants failed to seize
the contents of the convoy.
Next day, Yemeni forces pressed an offensive against al-Qaeda
loyalists in the south, leaving six soldiers and 22 militants dead, as clashes
elsewhere killed three people. Troops backed by local militiamen renewed
their assault on the town of Jaar, a jihadist stronghold north of the Abyan
provincial capital Zinjibar.

Africa
Algeria: On 13th May, Algerian Islamists threatened a revolt.
Libya: On 16th May, seven people were killed and more than 20
others wounded as gunmen raided the oasis town of Ghadames on the border
with Algeria. Six of the raiders were killed along with a resident of
Ghadames, which lies 600 kilometres (373 miles) southwest of Tripoli.
Saraj al-Din Bubaker, head of the local council, told AFP that a
Tawargha group shelled the city with rocket-propelled grenades, forcing
some families to flee. The Tawargha are dark-skinned Libyans violently
displaced from several towns, including Ghadames, after the fall of Kadhafi
742

in an uprising last year with whose forces they were accused of having
sided. Ghadames, which is also known as the "Pearl of the Desert," is a
UNESCO World Heritage Site and home to Roman ruins close to Libya's
borders with Algeria and Tunisia.
Egypt: On 19th May, Human Rights Watch accused Egypts military
of beating and torturing protesters arrested during clashes with soldiers in
Cairo earlier this month, while Egyptians are being called to vote on
Wednesday in the historic first presidential election since Hosni Mubarak
was toppled by the Arab Spring uprising last year.
On 23rd May, Egyptians voted in the country's first free presidential
elections, with Islamists and secularists vying for power with competing
visions of Egypt liberated of ousted president Hosni Mubarak's iron grip.
Long queues of people braving the scorching heat, many in a festive mood,
wound their way outside polling stations across the country throughout the
day after polls opened.
More than 50 million eligible voters have been called to choose one of
12 candidates wrestling to succeed Mubarak. Voting over two days is taking
place at 13,000 polling stations, with initial results expected on Sunday.
Voting ends at 8:00 pm on both days. Turnout appeared lower than expected
in Alexandria and South Sinai.
The ruling Supreme Council of the Armed Forces (SCAF), in power
since Mubarak's ouster, has urged Egyptians to turn out en masse to the
polls, while warning against any violation. The SCAF has vowed to hand
power to civilian rule by the end of June, after a president is elected, but
many fear its retreat will be just an illusion.
Next day, Egyptians returned to the polls on the second day of
presidential election in which candidates are pitting stability against the
ideals of the uprising that ended Mubarak's rule. Turnout appeared to vary
across the country, with long queues outside some polling stations, and scant
participation in others. And for the second day running the election
commission decided to extend voting by one hour across the country.
Among the contenders is former foreign minister and Arab League
chief Amr Mussa, who is seen as an experienced politician and diplomat.
But like Ahmed Shafiq, Mubarak's last prime minister; he is accused of ties
with the old regime. The powerful Muslim Brotherhood's candidate,
Mohammed Mursi, faces competition from Abdel Moneim Abul Fotouh, a
former member of the Islamist movement who portrays himself as a

743

consensus choice with a wide range of support. Two of the candidates are
expected to go into June run-offs after the May 23 and 24 vote.
On 25th May, Egypt looked set for a run-off presidential vote between
the Muslim Brotherhood's Mohammed Mursi and Mubarak-era minister
Ahmed Shafiq, pitting Islamists who helped oust the dictator against his last
premier. The official MENA news agency reported partial results showing
Mursi leading with 1.82 million votes, followed by Shafiq with 1.78 million
votes and a surprise showing by pan-Arab leftist Hamdeen Sabahi with 1.64
million. A run-off between Shafiq and Mursi will further polarize a nation
that rose up against Hosni Mubarak's authoritarianism.
The top two vote-getters will face each other in a run-off on June 1617. Between now and then, there is likely to be intense horse-trading
between the two frontrunners to win over supporters of the losing
candidates. The election saw 50 million eligible voters given the chance to
choose among 12 candidates pitting Islamists who pledged to uphold the
uprising's ideals against former regime figures who touted their experience.
During his campaign, Mursi offered a fiery stump speech, pledging a
presidency that would be based on Islam but would not be a theocracy. The
Supreme Council of the Armed Forces, in power since Mubarak's ouster, has
vowed to restore civilian rule by the end of June, after a president is elected,
but many fear its withdrawal from politics will be just an illusion.
On 27th May, a Cairo criminal court sentenced ousted Egyptian
president Hosni Mubarak's former chief of staff to seven years in jail on
corruption charges. Zakaria Azmi was also ordered to pay a fine of 38
million Egyptian pounds (around $6.2m). Azmi was jailed last year and put
on trial in October, charged with illegal acquisition of funds.
Sudan: On 14th May, the Parliament rejected talks with rebels.
Somalia: On 16th May, Pakistan voiced its concern over the plight of
Pakistani and other hostages held by Somali pirates and called for securing
their release. On 25th May, African Union and Somali troops captured the
strategic town of Afgoye from al-Qaeda-linked Shebab insurgents without
major resistance, declaring a military breakthrough. Columns of AU and
Somali troops backed by tanks launched the long-awaited attack on Afgoye
four days ago, marching northwest 30 kilometres from the capital
Mogadishu to the town, an area crowded with displaced people.
More than 400,000 people were living in the Afgoye region at the start
of the year the world's largest concentration of displaced people
744

according to the United Nations. Impoverished settlements of plastic and rag


huts crowd the area. The UN refugee agency reports over 6,000 civilians
have fled since the assault on Afgoye began, although aid workers fear that
more people not included in that assessment may have fled into the bush.
The loss of Afgoye to the Shebab is another major blow for the
insurgents, who have been on the back foot for several months. On a
separate front, Somali troops were reported to be pushing northwards
towards the Shebab-held town of Balad, which lies some 35 kilometers north
of Mogadishu. Balad controls a key bridge across the River Shabelle, and
lies on the road to the city of Jowhar.
On 28th May, a blast ripped through shops in central Nairobi,
wounding 28 people in what the prime minister called a terrorist attack
despite initial police reports of an accidental cause. Kenya has been hit by a
wave of grenade attacks the police have repeatedly blamed on Somalias
Qaeda linked Shebab insurgents or its supporters.

Europe: On 19th May, 16-year-old girl died and five other teens were
seriously injured in southern Italy in a bomb blast outside a vocational
school, with local media pointing to a possible mafia link.

America: On 23rd May, a US soldier accused of plotting an attack on


a military base after fleeing his post as a Muslim conscientious objector
went on trial. Prosecutors called the first of 43 witnesses to the stand in a bid
to show that Abdo, who fled his post in Kentucky, was gathering bombmaking materials and weapons to attack soldiers and their families at the
Fort Hood base in Texas, the scene of a deadly shooting rampage in 2009.
Abdo was arrested July 27 at a discount hotel in the nearby Texas
town of Killeen. Police and federal agents have previously testified that they
found a handgun and enough gunpowder to make at least one bomb. They
also discovered directions from an al-Qaeda magazine on how to build an
explosive device. Prosecutors mounted a detailed case, mixing a trail of
receipts and time-stamped videos of Abdo with testimony from a number of
workers who encountered him.
Barack Obama offered a direct rebuttal of Mitt Romney's foreign
policy critique, saying his leadership had forged a different world in just
four years. In a sweeping survey of his diplomatic worldview, Obama
implicitly rejected claims he is wedded to national decline, and said he had
restored US values and alliances and paved the way to a new American
Century.
745

Romney argued that Obama's foreign policy is characterized by


weakness and appeasing Iran, and said the president has weakened ties
with US allies rather than strengthened them. Let me make this very clear.
As president of the United States, I will devote myself to an American
Century. And I will never, ever apologize for America, Romney said.
Next day, Amnesty International hit out at human rights violations
committed by former president George W Bush's administration and
condemned the impunity with which his officials operated. The global
rights monitor also criticized Canada for failing to arrest Bush when he
visited in October, despite clear evidence that he was responsible for crimes
under international law, including torture.
Amnesty regretted President Obama's failure to shut down
Guantanamo, noting that at the end of 2011, nearly two years after his selfimposed closure deadline, 171 men were still held at the base, including
four who had been convicted by military commission. The report lamented
that five suspects accused of planning the September 11, 2001 attacks had
been held incommunicado for up to four years in secret US custody before
being transferred to Guantanamo.

VIEWS
Iran
Why Tehran might be ready to talk: The economic impact of these
sanctions has been greater than anticipated. Irans economy is nearing
collapse; its oil sits on ships, awaiting customers. Irans Revolutionary
Guards Corps, the real power behind the regime, controls about a third of the
Iranian economy, and it is being hurt badly. Iranian sources speculate that
the Guards have been pressuring Supreme Leader Ali Khamenei to make a
deal or get the sanctions eased by appearing to make a deal. But its difficult
to know for sure whats happening within the regime.
Israel has made a difference too. Its covert campaign to sabotage the
Iranian nuclear programme has been very successful. Its overt threats to
bomb Irans facilities are taken seriously by the regime, even if most experts
believe that Israel lacks the capacity to do much permanent damage to the
Iranian programme.
So what can we expect from the Baghdad talks? The biggest issue on
the table is the IAEAs ability to make intrusive, unannounced inspections of

746

the Iranian nuclear programme, including visits to military facilities like


Parchin, where the Iranians may have been testing the blasting devices that
can initiate a nuclear explosion. The UN has also demanded that Iran
suspend its enrichment programme. Neither of those concessions is likely to
be made in Baghdad. The Iranians have made noises about suspending their
programme to enrich uranium to 20% purity, a precursor to the creation of a
nuclear bomb, in return for an easing of the sanctions. Iran may agree to ship
out its 20%-pure uranium in return for fuel rods that can be used in its
medical reactor, which creates isotopes for radiation therapy in Tehran. Or it
may offer to simply talk about these possibilities. It wont agree to suspend
its programme to enrich uranium to 3.5% purity, the level necessary for
peaceful nuclear power. If Iran offers to suspend production of 20%
uranium, that will be big news. And there will be pressure to ease the
sanctions. It is possible that the Russians or the Chinese-or even the French,
now that Nicolas Sarkozy is no longer in charge-will concede, which is what
the Iranians are obviously hoping for. The true test of the Obama
Administrations diplomacy will be if it can hold the coalition together and
continue to demand rigorous IAEA inspections. Only if the coalition holds,
and no immediate concessions are made, will we see if Iran is really serious
about negotiations this time. (Joe Klein for Time, reprinted in TheNation
22nd May)
Breakdown or breakthrough? Iran N-talks hit a snag: Nobody
was expecting a breakthrough at Wednesdays nuclear talks in Baghdad, but
most werent expecting a breakdown, either Irans state media, whose
upbeat spin on the talks in recent weeks had many analysts concluding that
Tehran was preparing its public for a deal, slammed what it called the
outdated and unbalanced proposals by the Western powers in Baghdad.
At Iranian insistence, Thursday will see a second day of talks in Baghdad,
and the parties remained locked in negotiations until midnight.
That looked like a tactic to create a mini crisis on the key sticking
point in the talks: the question of whether Iran will be granted any relief
from escalating Western sanctions if it agrees to the immediate confidencebuilding steps demanded by the P5+1.
Proceedings began with the P5+1 outlining its proposals, under which
Iran would be required to:
* Halt enrichment of uranium to 20pc purity (ostensibly to fuel a
medical research reactor, although Iran has already created ten years worth

747

of fuel) which considerably shortens the time-span required for reprocessing


into weapons-grade materiel
* Ship out the stockpile of 20pc material for conversion into relatively
harmless fuel rods
* Shut down the enrichment facility at Fordow, near Qom, which,
while under IAEA monitoring, is embedded so deep in a mountainside that it
may be beyond the reach of Israels air force
In exchange, Iran would be offered:
* Fuel rods for the medical research reactor as well as help with
building newer ones
* Assistance in raising the safety standards at Iranian nuclear facilities
* An end to the embargo against supplying Iran with desperately
needed parts for its decaying fleet of civilian airliners.
* The P5+1 also offered to halt further efforts to tighten UN sanctions
Perhaps not surprisingly, the Iranians were unimpressed The
Iranians insist that enrichment to 3.5pc is their right as a signatory to the
Non-Proliferation Treaty and having defiantly maintained that position
through six years of escalating pressure, they are unlikely to back down now.
Irans handling of the Baghdad talks suggests it has a different reading on
the balance of power, and is signaling that by declining a new round of talks
before the other side gives more ground. We believe that the two parties
must agree on common points to merit a new round of negotiations,
explained AFPs Iranian source. In his view, the Western parties want to
continue these negotiations at any cost. This is not our position.
While theres no question that sanctions are hurting Irans economy
and putting pressure on its regime to cut a deal, the leadership in Tehran may
also be counting on economic and diplomatic pressures rising on the
Western side.
With both the US and European economies on the brink of recession
and Europes intractable financial crisis considered a matter of continentwide emergency by decision-makers escalating tensions with Iran, and the
resulting upward pressure on oil prices could worsen Western economic
woes. (Global oil prices hit a nine-month low on Wednesday, precisely
because talks between the two sides lessen the danger of confrontation.) And
as Iran analyst Vali Nasr noted earlier this week, confronting Iran may no

748

longer be a European priority in the face of the regions grave financial


problems.
The readiness of Russia and China to go along with the P5+1 process
has been vital to the success of bringing Iran to the table. But Moscow and
Beijing have been sceptical of the unilateral sanctions strategy adopted by
the US and Europe, and the Russians and Chinese will be inclined to soften
sanctions in response to concrete Iranian measures to reassure the
international community. As Iran takes a step toward the global community,
the world community should take steps for weaker sanctions against Iran,
said Russias foreign minister Sergei Lavrov in remarks quoted Wednesday
in Russian media. This may help explain why Iran pushed back on the
position offered by the P5+1 on Wednesday.
Indeed, the Iranian press reported that the P5+1 was divided over the
proposals presented on Wednesday, claiming that some delegations had
actually offered the Iranians a different view. The negotiators, scheduled on
late Thursday, will likely find ways of sustaining the process, because thats
a shared goal.
And their job, often, is finding ways of disguising concessions so that
both sides can claim victory. The next key deadline is July 1; when a
European embargo on Iranian oil exports is due to go into effect. Tehrans
message on Wednesday appeared to be that it will withdraw its offer to
cooperate on 20pc enrichment if the chokehold on its economy intensifies
even while theyre doing so. Thats a proposition some in the Western camp
may be willing to test, but it remains to be seen whether the P5+1 will
remain unified if Irans response to its proposals is, Yes, but (Tony
Karon for Time, reprinted in TheNation 25th May)
Iranian nuclear talks: stuck in a sandstorm: With a sandstorm
swirling around them and closing the airport, the six-party talks with Iran in
Baghdad had every incentive to get a peace process worth talking about back
on track.
In an election year, Barack Obama has no conceivable political
interest in sliding into another Gulf war, which is what a bombing campaign
started by Israel would unleash. And Iran has every interest in avoiding the
oil sanctions that are about to start in earnest in June and July. Both sides are
more than aware that the clock is ticking. And yet two days after they began,
the talks ended with an agreement to meet in Moscow in a months time but
precious little else.

749

The Iranian negotiators talked extensively about their rights to a full


fuel cycle under the nuclear non-proliferation treaty (NPT) but not about
specifics The US and European members of the six-party talks refused for
their part to offer Iran a real incentive for abandoning enrichment to 20pc, a
short technical hop to highly enriched uranium that can be weaponized.
Dangling modest relief from technology restrictions, such as aircraft parts,
fall well short of the bargaining price. And whatever Iran agrees to, foreign
financial firms who continue to deal with Irans central bank after 28 June
will be blocked from US markets, and an EU embargo on Iranian crude
starts shortly after on 1 July. So where is the incentive for Iran to trade?
This is the problem with the sanctions. They have to be lift-able and
or least delay-able If progress is achieved, the conditions could be laid for
a breakthrough in Moscow. But the US and the EU have also got to be
mindful of Iranian psychology. The regime needs a deal they can present as a
victory, not a national humiliation. If the ending of medium-enriched
uranium is the goal, it is one worth spending time on. It will not be achieved
by Iran looking down the barrel of a gun. (Guardian editorial, reproduced in
TheNation 26th May)
US prepares for civil war and WW III: The US Ambassador to
Israel has recently stated that the plans to attack Iran had been completed.
The Congress is considering legislation that has a clause, whereby the US
may attack Iran if it achieves nuclear capability. The word capability is
vague and once the legislation is passed, the road to attack in Iran will be
open regardless of whether or not it becomes a nuclear power. It has also
been reported that Russia anticipates an attack on Iran during the current
year and has drawn plans to move its troops to Iran through Georgia to
Armenia. The former Russian Ambassador to NATO, Dmitry Rogozin, has
clearly stated that an attack on Iran is a direct threat to our security. China
has already said that it might have to wage war to save Iran.
On May 7, 2012, it was reported that President Dmitry Medvedev had
stated that Russia will retaliate militarily if does not arrive at any agreement
with the US and NATO on the Missile Defence Shield being erected near its
borders. General Nikolai Makarov, the Russian Chief of General Staff, was
quoted as having stated: A decision to use destructive force preemptively
will be taken if the situation worsens.
On May 14, 2012, it was reported that Mr Putin has canceled a
scheduled meeting with Obama and has announced that he will not attend
the G-8 Summit. The announcement was made after Obama security aide
750

told Putin that the the world may be about to end. This is, obviously, a
veiled threat of a world war. In a tit for tat, it was announced that Obama
would not attend the annual Asia-Pacific Summit being held in Vladivostok
in September 2012.
It is clear that the controllers of the US are determined to attack Iran
come what may and this will mean the inevitable involvement of Russia and
China in the conflict. This conflict is not likely to end quickly, nor will
anyone be able to control the outcome. Russia and China cannot sit idly by
and let the controllers capture every major energy resource and cripple
them. (Mujahid Kamran, TheNation 25th May)

Syria
Horror in Syria: No TV channel anywhere in the world was able to
air the unverified footage of the appalling massacre that has taken place in
the Syrian town of Houla. At least 88 are dead, a large number of them
women and children. Some were caught by shells in their houses; others
were summarily executed by Syrian government forces that are besieging
the town which is still nominally controlled by rebels against the Assad
regime. In one instance the camera catches a pile of dismembered bodies,
not one of them intact. In another the entry and exit wounds in the forehead
of a woman are clearly seen. At least 20 other people were killed on Friday
and despite the presence of 260 UN observers the ferocity of the fighting is
unabated. There is supposed to be a truce in force since early April but it is
honoured in the breach rather than the observance. Nothing, it seems, is able
to stop the Syrian government in its determination to slaughter its own
people, and the rebels, despite dreadful losses, fight on. Kofi Annan, the UNArab League peace envoy is due to be visiting Syria early next week, but his
chances of effecting any change in this human catastrophe are slim at best.
The UN Secretary General Ban Ki-Moon has urged that no other state
sell weapons to either side in Syria a plea ignored by the Russians who
continue to supply the government side and a basket of Arab states that
supply the rebels. Fears are being expressed that al-Qaeda is now operating
in Syria, and the Assad regime blamed a bomb attack that killed 55 in
Damascus earlier this month on it, and Ban Ki-moon has himself dropped a
hint that established terrorist groups maybe behind some of the bombings,
adding yet another ingredient to this poisonous brew. The uprising began in
March 2011 and the UN says at least 10,000 have died since then in all
likelihood an underestimate. The UN also says that Syrian government
forces are responsible for most of the atrocities that have been committed.
751

The drop in fighting and casualty levels immediately after the April
ceasefire was not maintained beyond a few days and fighting is now at preceasefire levels; with the UN observers an irrelevance as far as the Syrian
government is concerned. No external player has made much difference, and
the western states are not going to intervene as they did in Libya. On present
form it will continue to spiral downwards, watched by a world that has done
little beyond some histrionic hand-wringing and the application of stickingplaster solutions that have the durability of a snowball in hell. Brutal it may
be, but the Assad regime looks no less in command than it was in March last
year and set to continue thus in the foreseeable future. (Editorial, The
News 27th May)
Syria after the massacre: The Syrian government is claiming that
the massacre happened after 100 heavily armed men attacked government
checkpoints around Houla early on Saturday morning and then butchered the
inhabitants of Houla over a nine-hour period. Blaming terrorists for the
massacre, Foreign Ministry spokesman Jihad Makdissi told reporters in
Damascus that women, children and old men were shot dead. This is not the
hallmark of the heroic Syrian army.
The opposition gave a more detailed account of what happened,
saying that Houla was first shelled on Thursday after street protests by
villagers. This has been confirmed by UN ceasefire monitors, who later
found large-caliber shell casing. Anti-government militants say that
Shabibah militia men from the Alawite community loyal to President
Bashar al-Assad entered Houla and hacked or shot its people to death.
Alawite villagers in the area of Houla were said to be frightened of
retaliation for the massacre and have been donating blood for the wounded,
the number of which is believed to be between 300-400The United
Nations Security Council Sunday night condemned the Syrian government
in the strongest possible terms for heavy-weapon attacks on the town of
Houla, where 108 people, and up to 34 children, were killed on Friday.
While the carefully worded statement stopped short of blaming
anyone for the close-range attacks that killed many of the victims, the
Council condemned the killing of civilians by shooting at close range and
by severe physical abuse. The statement said the outrageous use of force
against civilians violated international law and government commitments to
cease violence, including the use of heavy weapons. The Syrian government
denies responsibility for the massacre.

752

Diplomats say Britain and France had proposed issuing a press


statement condemning the killings, but Russia told Council members it
could not agree and wanted to be briefed first by Major-General Robert
Mood, who is heading the UN observer mission in Syria. Syria is once more
facing diplomatic isolation It was Russian and Chinese vetoes at the UN
Security Council in February that relieved Syria from the danger of foreign
intervention similar to that which overthrew Colonel Muammar Gaddafi in
Libya.
But Russia is paying a price for backing Syria, and this price will have
been raised by the Houla killings. It may not want to be allied to a regime in
a permanent state of crisis. President Assad can look for longer-term support
to Iran and, to a lesser extent, Iraq, both Shia powers. They see Syria as
being targeted by the Sunni rulers of Saudi Arabia and Qatar.
The Iranians have been giving some economic aid to reduce the
impact of sanctions. Hezbollah in Lebanon will also be loath to see its longterm ally in Syria go down. But the Iranians, whose foreign policy is
normally cautious and devious, will not want to depend on the survival of
President Assad. They will look for an accommodation with any successor
government, though Iran still faces a serious strategic defeat. It will be
losing its one important ally in the Arab world. It will lose much of its ability
to play a role as a regional power.
THE SCENE INDAMASCUS: In Damascus there are small but
menacing signs of abnormality. Soldiers prevent all but military and security
personnel entering certain streets. Heavy goods vehicles are being stopped
on the outskirts of the capital because of fear of suicide bombs.
The massacre of the children of Houla and their parents has deepened
the sense of crisis here, though many Syrians are becoming inured to
violence. Unlike the rest of the world, which focuses on Syria only
intermittently when there is some particularly gruesome outrage, people here
may be losing their sense of shock after seeing 13,000 die in the last 15
months, according to the latest estimates.
But the most frightening indication that something is wrong is the
emptiness, the absence of people and vehicles in previously crowded streets.
Many stay at home fixated by a crisis they largely see unfolding on
television and online. In the hotel where I am staying in Damascus, I am the
only guest.
The government itself often feels curiously absent, perhaps because its
attention is elsewhere. Decision-making in Syria was always slow because
753

so many decisions had to be taken at the top but now it is worse. Damascus
is deeply affected by the crisis, though this is not always visible.
The banks have been cut off from the rest of the world. All the banks
in Lebanon are terrified of doing business with Syria, said one wealthy
businesswoman. My bank manager in Beirut did not want to take a deposit
I made even though the cheque was drawn on a British bank. Many in
Damascus know first-hand about the physical destruction wrought by the
fighting in the centre of the country. There are some 400,000 Syrians
displaced by the turmoil, mostly from Homs, who have taken refuge in the
capital. Often they move into apartments previously occupied by Iraqi
refugees who have returned home, some claiming that for them, Baghdad is
now safer than Damascus. (Patrick Cockburn for Counter Punch, reprinted
in TheNation 29th May)

Yemen
Terrorist fishing in Yemen: The frequency of strikes is already
much greater than most of us realize. A report by the Britain-based Bureau
of Investigative Journalism counts 21 definite or possible drone strikes in
Yemen over the last two months; a Yemeni government official has said that
the United States has been launching an average of two strikes a day since
mid-April. The danger of producing more militants than we kill in Yemen
hardly seems hypothetical.
The danger, more broadly, is that the United States will fall in love
with drones and thus that targeted strikes become the US strategy rather than
an element of it. Of course, that raises the question of what that larger
strategy should be not only in Yemen but in the other places where al
Qaeda seeks to exploit weak states to gain a territorial foothold.
The answer, from most critics, is that the United States must not
sacrifice the long term for the short term. Gregory Johnsen, a Yemen expert
who blogs at the site Waq al-Waq, argues that the United States must accept
the really difficult work of diplomacy and counter-terrorism. The noshortcut answer is capacity-building, democracy promotion, economic
development. The only long-term solution to the al Qaeda exploitation of
state failure is to cure state failure.
Thats true, of course. But that may not be a fair criticism of the
Obama Administration, which has been pursuing just such a strategy since
2009, though it was derailed by the political turmoil and violence of the last
year. Only in recent months have many military and civilian programs in

754

Yemen been restored. Beyond that, however, what grounds do we have for
putting any faith in such a strategy? Experience in Afghanistan, which in
some ways Yemen strongly resembles, has not been encouraging. The appeal
of precision air strikes is magnified by the failure of the less lethal
alternatives. (James Traub for Foreign Policy, reprinted in TheNation 14 th
May)

Libya
If there were global justice, NATO would be in the dock over
Libya: Libya was supposed to be different. The lessons of Iraq and
Afghanistan had been learned, David Cameron and Nicolas Sarkozy insisted
last year. This would be a real humanitarian intervention. Unlike Iraq, there
would be no boots on the ground. Unlike in Afghanistan, NATO air power
would be used to support a fight for freedom and prevent a massacre. Unlike
the Kosovo campaign, there would be no indiscriminate cluster bombs: only
precision weapons would be used. This would be a war to save civilian lives.
Seven months on from Muammar Gaddafis butchering in the ruins of
Sirte, the fruits of liberal intervention in Libya are now cruelly clear, and
documented by the UN and human rights groups: 8,000 prisoners held
without trial, rampant torture and routine deaths in detention, the ethnic
cleansing of Tawerga, a town of 30,000 mainly black Libyans (already in the
frame as a crime against humanity) and continuing violent persecution of
sub-Saharan Africans across the country.
A year after the western powers tried to make up for lost ground in the
Arab uprisings by tipping the balance of the Benghazi-led revolt, Libya is in
the lawless grip of rival warlords and armed conflict between militias, as the
western-installed National Transitional Council (NTC) passes Gaddafi-style
laws clamping down on freedom of speech, gives legal immunity to former
rebels and disqualifies election candidates critical of the new order. These
are the political forces NATO played the decisive role in bringing to power.
Now the evidence is starting to build up of what NATOs laser-guided
bombing campaign actually meant on the ground. The New York-based
Human Rights Watch this week released a report into the deaths of at least
72 Libyan civilians, a third of them children, killed in eight separate
bombing raids (seven on non-military targets) and denounced NATO for
still refusing to investigate or even acknowledge civilian deaths that were
always denied at the time.

755

Given the tens of thousands of civilians killed by US, British and


other NATO forces both from the air and on the ground in Iraq, Afghanistan,
Pakistan and Yemen over the last decade, perhaps NATO commanders prefer
not to detain themselves with such comparative trifles.
And Human Rights Watch believes that, whatever the real number of
civilians directly killed by NATO bombing, it was relatively low given the
10,000-odd sorties flown.
But while NATOs UN mandate was to protect civilians, the alliance
in practice turned that mission on its head. Throwing its weight behind one
side in a civil war to oust Gaddafis regime, it became the air force for the
rebel militias on the ground. So while the death toll was perhaps between
1,000 and 2,000 when NATO intervened in March, by October it was
estimated by the NTC to be 30,000 including thousands of civilians.
We cant of course know what would have happened without NATOs
bombing campaign, even if there is no evidence that Gaddafi had either the
intention or capability to carry out a massacre in Benghazi. But we do know
that NATO provided decisive air cover for the rebels as they matched
Gaddafis forces war crime for war crime, carried out massacres of their own
and indiscriminately shelled civilian areas with devastating results such as
reduced much of Sirte to rubble last October.
There were also NATO and Qatari boots on the ground, including
British Special Forces, coordinating rebel operations. So NATO certainly
shared responsibility for the deaths of many more civilian than its missiles
directly incinerated.
That is the kind of indirect culpability that led to the conviction last
month of Charles Taylor, the former president of Liberia But there is of
course simply no question of NATO leaders being held to legal account for
the Libyan carnage, any more than they have been for far more direct crimes
carried out in Iraq and Afghanistan. The only Briton convicted of a war
crime over the bloodbath of Iraq has been Corporal Donald Payne, for abuse
of prisoners in Basra in 2003.
While George Bush has boasted of authorizing the international crime
of torture and faced not so much as a caution. Which only underlines that
what is called international law simply doesnt apply to the big powers or
their political leaders. In the 10 years of its existence, the International
criminal court has indicted 28 people from seven countries for war crimes
and crimes against humanity. Every single one of them is African even

756

though ICC signatories include war-wracked states such as Colombia and


Afghanistan.
Thats rather as if the criminal law in Britain only applied to people
earning the minimum wage and living in Cornwall. But so long as
international law is only used against small or weak states in the developing
world, it wont be a system of international justice, but an instrument of
power politics and imperial enforcement.
Just as the urgent lesson of Libya for the rest of the Arab world and
beyond is that however it is dressed up, foreign military intervention isnt
a short cut to freedom. And far from saving lives, again and again it has
escalated slaughter. (Seumas Milne for Guardian, reprinted in TheNation
17th May)

Egypt
Let democracy work in Egypt: Much talk and action have taken
place in Egypt in the past few weeks, with activists demanding removal of
the military council and the subsequent violent reprisals by the military
against demonstrators. People have died as a result. But do they have to? Do
Egyptians need to continue to protest at this moment in what could be an
optimistic period of change and transition to democracy? Im not so certain.
Yes, the activists are right; the military rulers must leave Egypt for the
politicians, the civilian leaders. If they dont, they face another uprising, one
that may have more violence, more bloodshed than the Jan 25 uprising had.
The militarys removal from public, and political life, must be unequivocal
and immediate. The protesters are right on that front.
However, looking back at the past eight months of protests, often
violently attacked by thugs or police or the military, I have, as an observer,
questioned the tactics. Certainly the July sit-in in Tahrir Square was able to
push the military into setting deadlines. Point one for the activist community,
who realized, albeit too late, that leaving the iconic square on Feb. 13 was
the wrong move.
But in November, and again in late April and early May, taking to the
streets in angry protests against the military council may have been the
wrong move. Fighting against the military and the popularly elected
government is not going to win over hearts and minds in the country, and
with an election in less than two weeks now, it seems those hearts and minds
are what are needed, especially among the liberals and the left.

757

Last fall I spoke with Ed Hussein, a professor in the United States


who has a keen interest in the Middle East. He said that while the activists
have legitimate grievances and protesting is not necessarily a negative idea,
the fact remains that the referendum was popularly accepted and voted by
the people. The same could be said about the current state of governance in
Egypt.
The Muslim Brotherhoods Freedom and Justice Party, and the ultraconservative Salafist Al-Nour Party, won parliamentary elections fair and
square. They knew how to play politics. They got their supporters to the
polling stations and those same people cast ballots in favour of the
conservatives. Such is democracy.
What the left and liberal activists could be doing to enhance their
presidential hopes is knocking on doors, delivering messages to average
Egyptians on the candidate they believe is best suited for Egypts future.
Getting out the voters should be the modus operandi at the moment, instead
of lamenting lost chances and attacking a military that remains, shockingly,
quite popular.
The frustration from the activists is understandable, but this is a
democratic reality. In 2000, and again in 2004, when the Republican Party
and George W Bush won their elections, it was sad, annoying and
frustrating. But we had to live with the result. Egypts activists have to learn
to accept defeat, learn from their mistakes not campaigning, not talking
with people and not getting out the vote and push on to the next election.
That next election is here and now. One example of how to win over
more supporters is to look at how US President Barack Obama won the 2008
election. He did not call on his supporters to take to the streets in angry
demonstrations, however much many Americans probably wanted to, instead
he went directly to the people. He spoke to them and his campaign staff
picked up the phone, walked door-to-door and explained who Barack Obama
was and why his message of Hope was for all Americans.
The activists, online and on the street, have the energy and the ability
to galvanize the population as they did on Jan. 25. But they should be
cognizant of the peoples beliefs and views, regardless if they are perceived
as wrong. Using the Obama campaign style of knocking on doors and
delivering the message of hope to the people, face-to-face, Egyptian activists
can once again lead the country in a new direction, one that regains the
optimism all Egyptians had when Hosni Mubarak left office. There is still
time. Instead of protesting, talk to people. The result could be more powerful
758

than a demonstration. (Joseph Mayton for Arab News, reprinted in


TheNation 15th May)

America
Controversial US military course cancelled: Following the expos
by Danger Room that a course taught at the US Defence Departments
Joint Forces College propagated total war against Muslims; the Chairman
Joint Chiefs of Staff has ordered the entire US military to scour its training
material to make sure it does not contain similarly lessons of hate. It is
reprehensible that the US military taught its future leaders that a total war
against the worlds 1.4 billion Muslims would be necessary to protect
America from Islamic terrorists. The future generation of senior US military
officers are asked to consider using the lessons of Hiroshima in their war
against Islam to wipe out cities at once, targeting the civilian population
wherever necessary. The controversial course has since been cancelled by
Pentagon, but its planner, Lieutenant Colonel Michael A. Dooley, continues
to maintain his teaching position at the Norfolk, Virginia College.
Danger Room has performed public service by exposing Colonel
Dooley, whose course may have caused serious damage since many senior
officials, especially colonels, had attended it and later taken up responsible
positions in the military. He and his likes have thrown the Geneva
Convention IV of 1949 into the dustbin declaring them irrelevant, besides
propagating the application of the historical precedents of Dresden, Tokyo,
Hiroshima, Nagasaki to Islams holiest cities, and bringing about Makkah
and Medinas destruction.
The power point presentation of the controversial course comprises
slides in which Dooley ridicules the concept of moderate Islam, distorts the
definition of jihad and quotes Quranic verses and Hadith out of context,
stating that Islam exhorts its followers to hate Jews and Christians,
commanding the faithful (Muslims) to wage a war against them.
It is a cause of serious concern for Washington, since we are not
talking about twisted bigots like the Florida Pastor, Terry Jones, who burned
copies of the Holy Qurn, but senior members of the US military who form
the backbone of the worlds sole superpower. Pentagon should be seriously
concerned about how a small group of self-ordained counterterrorism
experts have managed to penetrate into the US military, intelligence and
institutions of higher learning to propagate that Americas enemy is not al-

759

Qaeda but Islam. Dooley, through his contentious course, exposed the
participants to other rabidly anti-Muslim demagogues, who were brought in
as guest lecturers. With their help, the participants were led to the ultimate
but repugnant conclusion, which is evident from his July 2011 presentation:
We have now come to understand that there is no such thing as moderate
Islam. It is, therefore, time for the United States to make our true intentions
clear. This barbaric ideology will no longer be tolerated. Islam must change
or we will facilitate its self-destruction.
Dooleys eight-week class commenced with a benign two-part history
of Islam delivered by David Fatua, a former West Point History Professor.
He then launched the heavy artillery through a trio of guest lecturers famous
for their incendiary views about Islam. Shireen Burki, who had declared
during the 2008 election that Obama is Osama bin Ladens dream
candidate, in her lecture to the Joint Forces Staff College told the students
that Islam is an imperialist/conquering religion. Stephen Coughlin, in his
talk to Dooleys class suggested that al-Qaeda helped drive the overthrow of
Egyptian strongman Hosni Mubarak and Libyan dictator Muammar Gaddafi;
it was part of a scheme by Islamists to conquer the world. Former FBI
employee John Guandolo informed the conspiratorial World Net Daily
website last year that Obama was only the latest President to fall under the
influence of Islamic extremists. He justified the crusades, writing that they
were initiated after hundreds of years of Muslim incursion into Western
lands.
In his reference material for the Joint Forces Staff College class,
Guandolo not only spoke of todays Muslims as enemies of the West, but it
also included a video lecture from Serge Trifkovic, a defense witness in
several trials of Bosnian Serb leaders convicted for the genocide of Muslims.
The video supposedly shows President Obama the Commander-in-Chief of
the senior officers attending the course admitting that he is a Muslim.
The US administration should not only take severe disciplinary action
against Dooley and Major General Joseph Ward, Commandant of the school,
for trying to heighten inter-religion discord, but also discrediting and
portraying President Obama as a traitor. (S M Hali, TheNation 16th May)
Wars, deceptions and lies: (Concluding paragraph of an article about
US lies about war crimes committed by Germans in First World War)
Almost a century later, we hear of atrocities in Libya, Syria, Iraq and Iran.
Not a word is uttered about the tens of millions savaged by the American
armed forces and mercenaries in shameful service of its corporate masters.
760

The cancer rate in Fallujah is higher than in Hiroshima and Nagasaki! The
New York Times is silent! According to estimates by a scholar, the number
of avoidable deaths since 1950 stand at over one billion! These deaths have
resulted from wars and collateral damage, wars that are manipulated
primarily by the American agencies in service of international bankers. The
US has achievements in human knowledge that arte unparalleled. The dying
middle class of America is, or perhaps was, the greatest positive force in
human history in the past few centuries. Also, the crimes carried out by its
forces at the behest of their banker masters have no precedent killing
machine ever to stalk this earth. The possibility of human extinction is now
quite real. (Dr Mujahid Kamran, TheNation 18th May)
The damage is done! Upon taking office Obama made a great show
of renouncing torture as an instrument of US policy. He also, however, opted
not to hold anyone from the previous administration to account for their
actions, and successfully discouraged congressional efforts to do so. This
undoubtedly made political sense, but it also had the effect of deepening the
moral hole first dug by the Bush administration. More importantly, Obama
quietly left in place the legal rationalizations through which Bush had
conceived a presidential power to order torture.
For all the official talk about making the US once again a country that
does not torture people period, in todays America torture is, to all intents
and purposes, still permissible if the President judges it to be necessary.
Obama changed the policy, but left in place the laws and executive orders
allowing him, or any future President, to revive enhanced interrogation
techniques if circumstances someday change.
One can argue, and many of my fellow Americans will, that a realistic
approach to 21st dangers requires just this sort of flexibility, as well as the
moral fuzziness that accompanies it. A more honest reading might be that
this is an example of Washingtons post-9/11 obsession with security
undermining other, less dramatic, attributes of national power.
The State Department human rights reports have never been without
an element of hypocrisy. On balance, however, they have historically been
more admirable than not. At their best, they represented a serious attempt to
marry high policy to the countrys professed ideals. In short, the Country
Reports on Human Rights (to give them their official name) are an effort to
show the world that Americas government means what it says. The problem
is that in important ways what Washington says today is very different from
what it used to say. Watching from a distance, one can only wonder whether
761

people inside the bubble of the State Department and the White House really
understand how much has changed and what, in turn, has been lost. (Gordon
Robison, TheNation 31st May)

REVIEW
The Wests campaign for demonizing Assad regime in Syria is at its
peak. The cycle of this campaign starts with biased reporting by the
unarmed UN observers deployed in the country primarily for this purpose.
Their reports are blown up by the western media and hyped round the clock.
It is further reinforced with incessant diplomatic activity to isolate
Syria and the UN Security Council regularly sits to review the
deteriorating situation and options to tackle it. The West is gradually
narrowing on to regime change with or without use of military means.
Abdullah Saleh was sacrificed at the altar of Arab Spring, though he
and his countrymen had not much to do with the change of seasons in Arab
World. Militancy in Yemen was quite different in nature as compared to the
one that was experienced in North Africa and lovingly named by the West
as Arab Spring.
Ousting of Saleh had become a necessity as the West wanted to have a
new generation of puppets on the stage called Arab World. And, the regime
change has become like an act of routine shoe changing. Of course, all the
Arab rulers of the region helped in the process of shoe changing.
This has resulted in increase in bloodshed primarily because of US
drone attacks as these are carried out more indiscriminately as compared to
Pakistan. The US claims that attacks are now directly supervised by
President Obama, because he personally reviews the kill list; though
observers like Daphne Eviatar and Gabor Rona have declared the kill list
illegal and immoral.
So, the change did not promise any relief for the Yemeni people;
instead, since departure of Saleh, they have experienced far more bloodshed
than before. This could be termed just another case of where new shoe is
pinching the wearer, but some shoes and feet never adjust to each other.
Yemenis have to exercise their right of choice rather than what their Arab
Brothers throw into their courtyard with the instructions to wear that.
In Egypt, after the completion of first phase of Presidential vote, the
conscientious Arab observers have started warning the people against
762

foreign interference. Foreign interventions will come in the form of bags full
of dollars to win hearts and minds so that election of the candidate of
Muslim Brotherhood is blocked.
2nd June, 2012

WAR WITHIN-XII
The week under review began with filing of petitions by the PML-N
and PTI in the Supreme Court challenging the ruling of the Speaker National
Assembly in which she decided not to refer the matter of Gilanis
conviction/disqualification to the ECP. The petitioners begged the court to
annul the ruling and remove Gilani from the office of Prime Minister.
Gilani reacted by accusing PML-N and PTI of judicializing a
political issue. He once again reiterated that the Parliament is supreme and
the ruling of its Speaker cannot be challenged in any court. Gilani the Saint,
who has been boasting of acquiring distinction of appearing in the Supreme
Court thrice, earning a conviction while defending the Constitution and
becoming the longest serving Prime Minister, achieved another milestone by
presenting fifth consecutive annual budget, though it has been widely
criticized by people and pundits.
Meanwhile, the people of Punjab resorted to violence during protest
rallies held in various towns against targeted load shedding of electricity.
Punjabis, as usual took time to understand the clever moves of the Scoundrel

763

to victimize them. PML-N leaders have also realized that they been fooled
by Zardari on this count.
Zardari, who has bunkered himself in Bilawal House in Karachi since
his return from Chicago, is controlling the targeted killings. He also spared
time to write to Speaker National Assembly to form a commission to work
out modalities to establish provinces of Bahawalpur and Multan, while
Nawaz Sharif pledged to safeguard sanctity of Sindh.

NEWS
Power politics: On 28th May, addressing a gathering in Lahore to
mark Youm-e-Takbeer, Nawaz condemned the covert US operation in
Abbottabad that killed former al-Qaeda chief Osama bin Laden, claiming
that the incident had damaged Pakistans sovereignty. He claimed that
Pakistan had become a beggar state whose sovereignty was repeatedly
compromised by various episodes such as the Raymond Davis incident and
the Abbottabad raid.
Nawaz Sharif said under his leadership the country had witnessed a
golden era, and referred to the current era as a dark chapter in Pakistans
history. He added that President Zardari had indemnified Musharraf and
promised him (Nawaz) he would not become president, but went on to dupe
him along with the rest of the nation. Nawaz criticized the president for
visiting Chicago and said, Zardari should tell the nation what he was doing
in Chicago.
Next day, angry over the alliance of the PML-N with Gohar Ayub of
the Likeminded group, Sardar Muhammad Mushtaq of the PML-N from
Haripur decided to seek PPP help and held a meeting with President Zardari.
After the meeting he said that it has been almost four years since he became
the MNA but not a single uplift project has been carried out in his
constituency primarily because he was from the PML-N.
On 31st May, Punjab cabinet approved the draft law of the Punjab
Local Government Act 2012 and announced that it would hold the local
government polls. However, the cabinet remained indecisive about whether
the local government elections should be held on a party or non-party basis
and left this question for the assembly to decide.
Shahbaz said in order to give an effective representation to the young
generation in decision-making process, five percent quota would be

764

allocated for the youth while 33 percent seats would be reserved for women
under the new local government system. Similarly, he said, special seats
would be reserved for minorities and farmers as well as workers in local
bodies institutions to give due representation to all segments of the society.
Prime Minister Gilani, however, expressed reservations on the proposed LG
polls.
Next day, the government incorporated the expenses related to the
provision of security for President Zardari and Prime Minister Gilani in the
Finance Bill 2012-13 after they relinquish their offices. According to the
Finance Bill 2012, the government proposed amendment of Act IX of 1975
in the Presidents Pension Act by inserting a clause under which suitable
security, including services of personnel, vehicle or vehicles and allied
matters, has been made, which will be notified in the official gazette.
Similarly, in the prime ministers salary, a new section shall be added in the
Allowance and Privileges Act 1975, which states that every person who has
held this office for not less than two years shall be entitled for life to the
suitable security.
On 3rd June, it was reported that Prime Minister Gilani has kept a
phenomenal amount of Rs22 billion at his discretion in the election budget
to spend on development projects of his choice in the coming months before
going to polls. Besides, he has also allocated a sum of Rs5 billion for
distribution among his party MPs for undertaking development schemes in
their respective constituencies to buoy up their electoral prospects.
Similarly, a sum of Rs5 billion was put under the PWP-I, which will
be meant for allotment to the ruling coalition members of parliament, who
are already getting a lot of money for their areas. The controversial PWP
was introduced by the first Benazir Bhutto government, which led to
innumerable scandals, irregularities and discrepancies. The following
administration abolished it. However, it was again restored by the second
Benazir government.
The data showed that the decline in spending on social security and
welfare was attributable to considerable decline in the expenditures of two
programmes i.e. Benazir Income Support Programme and Pakistan Bait-ulMal (48.66 and 24.9 percent respectively). The reason for the drastic decline
in the amount disbursed and consequently in the number of beneficiaries is
the removal of giving cash grants through the MPs and shifting completely
to disbursing grants to families who qualified for the poverty scorecard.

765

Rule of law: On 28th May, Prime Minister Gilani, while talking to


Hamid Mir, said there was no restriction on dual citizenship for legislators in
the Constitution, and he was in favour of expatriate Pakistanis having both
the right to vote and of becoming members of parliament. To a question
about the charges of corruption against his government, PM Gilani said the
judiciary and NAB were independent and if there were real cases, they
should be decided in the courts. The PM said price hikes are a global issue
and not confined to Pakistan only.
Addressing a conference arranged by the International Council of
Jurists on the subject of rule of law, Chief Justice Iftikhar Muhammad
Chaudhry claimed that the Supreme Court of Pakistan acts as the final
arbiter and protector of Constitutions norms, while the future of Pakistan is
linked to democracy. He was in London to receive the International Jurists
Award 2012.
On 30th May, a trial court indicted former minister for Religious
Affairs former director general and former joint secretary in the Haj
corruption case. Special Judge Central (FIA) charged Hamid Kazmi with
acquiring residential buildings for Pakistan pilgrims at exorbitant rates in
Saudi Arabia in 2009, taking commission, making advance payments in
violation of the policy and appointing Ahmed Faiz as building hiring
supervisor. The court framed almost similar charges against all the three
accused, who rejected the charge-sheet.
The judge adjourned the hearing till June 5 and summoned 10
witnesses to appear before the court and record their statements on the next
date. The court also declared accused Ahmed Faiz as absconder for not
attending the court proceeding despite repeated notices. On May 25, the
court had rejected the acquittal plea of the former minister terming it
Premature as around 89 witnesses had yet to record their statements
including Ambassador in Saudi Arabia Umar Khan Sherzai.
The Supreme Court rejected the documents submitted by Interior
Minister pertaining to renouncing his British citizenship and directed him to
submit valid documents proving that he did not hold the British nationality
anymore. During the hearing the counsel for the interior minister presented
before the court a form filled by Rehman Malik. The court, however,
rejected the documents, saying it had asked the interior minister to present
an attested certificate issued by the British government to prove he had
forfeited his citizenship.

766

During the hearing, the chief justice asked the attorney general
whether he had intimated to the secretaries National Assembly, Senate and
provincial assemblies and sought their assistance on the issue of
parliamentarians holding dual nationality. The AG replied that he had
intimated the Law Ministry. The CJ reminded him that the court had asked
him to directly contact the authorities concerned. Waseem Sajjad, the
counsel for Farahnaz Ispahani, sought an adjournment in the case. The court
adjourned the hearing till June 4.
Next day, the Supreme Court directed the establishment secretary to
ensure the repatriation of Hussain Asghar, an investigation officer in the Haj
corruption case, to the Federal Investigation Agency (FIA) and submit
before the court the notification regarding the withdrawal of his posting as
IG Gilgit Baltistan. The court took strong exception to the non-compliance
of its orders pertaining to the withdrawal of the transfer notification of IG
Gilgit-Baltistan (GB), Hussain Asghar, who was the head probing officer of
the alleged Haj corruption arrangement 2010.
On 1st June, Interior Minister Rehman Maliks application to renounce
his British nationality was accepted by the Home Office in London and he is
no longer a British national. Rehman Malik only filed the Renunciation of
Nationality (RN form) in person on 28th May, 2012. Malik had arrived in
London on Sunday afternoon in the same Pakistan International Airlines
flight with the Chief Justice of Pakistan Iftikhar Muhammad Chaudhry.
The facts surrounding the case of Maliks nationality renunciation
may not only cause huge embarrassment to the beleaguered federal minister
but could also lead to the court taking action against him for supplying
incorrect evidence that he had renounced his nationality in early 2008. The
charges of perjury are a serious possibility if it is proven that Rehman Malik
attempted to mislead the highest court of the land.

Defiance of judiciary: On 28th May, PML-N and PTI moved the


Supreme Court to direct the Election Commission of Pakistan (ECP) to
decide the matter of Prime Minister Gilanis disqualification and declare Dr
Fehmidas decision unlawful and unconstitutional. Senior PML-N leader
Khawaja Asif and PTI Chairman Imran Khan filed identical constitutional
petitions in the apex court, challenging National Assembly Speakers ruling
not to send the PMs disqualification reference to the ECP.
In their petitions, the PML-N and PTI made the Federation, Prime
Minister Gilani, the Election Commission of Pakistan, through its secretary
and National Assembly Speaker respondents. Khawaja Asif sought the apex
767

courts directions to the ECP to decide the question of the disqualification of


the PM under Article 63(2) and (3). Similarly, Imran Khan asked the apex
court to declare the ruling unconstitutional, void and in violation of
fundamental rights of access to justice and the independence of the judiciary.
Prime Minister Gilani, while talking to Hamid Mir in Geo programme
Capital Talk, said the issue of his disqualification had been forever put to
rest after the decision by National Assembly Speaker not to send the
disqualification reference against him to the Election Commission for a final
decision. I have been advised by my legal team and the party that I should
not go into appeal against the Supreme Court verdict, he said.
The Sindh High Court issued notices to the speaker National
Assembly, Prime Minister and Chief Election Commissioner on a petition
against the Speakers decision for not sending the disqualification reference
against the PM to CEC. Petitioner Maulvi Iqbal Haider submitted that
Speakers ruling is without lawful authority and gross violation of the
Constitution.
Next day, Chief Justice of Pakistan said that judiciary has to win the
public confidence through its efficient performance and by giving quality
judgments. Although, the judicial organ of the state is independent in its
judicial functions, however, it cannot be left unbridled and without any
accountability. He was addressing at International Conference of Jurists
titled Accountability and Reforms held in London.
The ECP has shut the case of Prime Ministers disqualification after
the National Assembly Speakers decision not to send a reference to the
ECP. We have no plan to convene a meeting of the ECP to mull over the
court judgment because the issue ended after the Speaker ruled that no
question of the disqualification of the prime minister has arisen, ECP
member Justice (retd) Riaz Kayani told the media when contacted.
On 30th May, Justice (R) Riaz Kayani, Member ECP from Punjab,
clarified a news story and a statement attributed to him that appeared under
the headline: ECP thinks PMs disqualification case is dead now. A press
release issued by the ECP said: While interpreting these articles, I
categorically explained that the matter is now sub-judice in the apex court as
two petitions have already been filed against the ruling of the speaker and
the ECP would act according to constitution and direction given in the
judgment to be delivered.
Next day, National Assemblys Secretariat questioned maintainability
of the petition that sought direction to Speaker National Assembly for
768

sending the disqualification reference against the prime minister to the chief
election commissioner. The bench of SHC was hearing the petition of
Maulvi Iqbal Haider, who submitted in the petition that Yusuf Raza Gilani is
occupying the office of PM as well as member of MNA without lawful
authority.

Taming the military: On 30th May, President Zardari signed into


law the National Commission for Human Rights Bill 2012, handing ample
powers to a to-be-formed civilian entity to grill military and intelligence
organizations over alleged rights abuses. The bill was signed at a special
ceremony at Bilawal House, Karachi.
This development has evoked a mixed reaction from security and
legal circles as some analysts believed the law could invite gratuitous
civilian interference into the work of security and intelligence agencies,
scuttling their capability to effectively discharge their national duty and
leading them to demoralization.
Some legal circles also expressed their reservations over the role of
foreign nations in providing financial assistance to the commission, which,
they believed, would increase indirect foreign interference in bid to bashing
Pakistans military as well as its national intelligence agencies. However,
there are others who support the PPP-led ruling alliance over the
commission and are dubbing it as a landmark development.
The Commission, headquartered in Islamabad, would consist of ten
members including Chairperson and a member each from the four provinces,
Fata and Islamabad Capital Territory, minority communities and the
Chairperson of the National Commission on the Status of Women and at
least two shall be the women members in this Commission. Federal
Government shall invite suggestions for suitable persons for appointment as
Chairperson and members of the Commission and, after proper scrutiny,
shall submit a list of these persons to the Prime Minister and the Leader of
the Opposition in the National Assembly.
The Commission would perform its functions either taking suo moto
or on a petition presented to it by a victim or any person on his behalf for
violation of human right or abetment thereof and the negligence in the
prevention of such violation, by a public servant. It can intervene in any
proceeding involving any allegation of violation of human rights pending
before a court by making application for becoming a party to the proceeding
before the court.

769

The Commission or any person authorized by it may visit any jail,


place of detention or any other institution or place under the control of the
Government or its agencies, where convicts, under trial prisoners, detainees
or other person are lodged or detained for purposes of ascertaining the
legality of their detention as well as to find out whether the provisions of the
applicable laws or other provision relating to the inmates living conditions
and their other rights are being complied with.
It would review the safeguards provided by or under the Constitution
or any other law for the time being in force for the protection of human
rights and recommend adoption of new legislation, the amendment of
existing law and adoption or amendment of administrative measures for their
effective implementation.
The Commission would also spread human rights literacy among
various section of society and promote awareness of the safeguards available
for the protection of these rights through publications, print and electronic
media, seminars and other available means in all major languages of the
country.
The Commission would submit independent reports to the
Government on the state of human rights in Pakistan for incorporation in
reports to United Nations bodies or committees. It would also develop a
national plan of action for the promotion and protection of human rights.
The law says that the when the inquiry of Commission discloses the
violation of human rights, it would recommend the action and interim relief
to the victim to the Government or authority concerned. The Commission
would have all the powers of a Civil Court trying a suit under the Code of
Civil Procedure, 1908 (Act V of 1908). It may call for information or report
in cases of human rights form Government or its organization.
The Adviser on Human Rights who was present at the signing
ceremony will now formally write to the Speaker National Assembly urging
her to form the Parliamentary Committee for hearings and confirmation in
each of the posts in the Commission the names for which will be forwarded
to it by the Prime Minister in consultation with the Leader of the Opposition
in the National Assembly in accordance with the new law.

Recessing economy: On 28th May, official figures revealed just


before the budget that close to Rs2 trillion have been doled out by the PPP
government to grossly mismanaged corporations and state-owned enterprises
out of which over Rs1.1 trillion have gone to electricity companies, while

770

load shedding has only increased, Despite raising the electricity tariff by 150
percent, the government gave the power sector subsidies to the tune of
Rs1,122 billion but all this money seems to have gone down the drain or in
some rich peoples pockets.
Official figures on subsidies as well as the restructuring plan of giant
public sector enterprises (PSEs) such as the power sector, Pakistan Steel
Mills, PIA and Railways disclosed that the subsidies given were as follows:
the petroleum sector got Rs104 billion, fertilizer sector Rs110 billion, food
sector Rs137 billion and petroleum levy up to Rs136 billion. Official figures
also disclosed that the government had provided substantial amounts to less
developed areas in the last four years: Rs120 billion to Fata, Rs72 billion to
Azad Kashmir and Rs52 billion to Gilgit-Baltistan.
All subsidies till March 2012 had been disbursed as timely
disbursement of tariff differential subsidy is being ensured. The BoDs of
Pakistan Steel Mills, another cash bleeding entity running into losses of
billions of rupees, has been reconstituted and a CEO has been appointed.
The implementation of a business plan for revitalizing the Pakistan Steel
Mills approved by the cabinet has started.
The Cabinet Committee on Restructuring of PSEs has operationalized
a restructuring framework for the Pakistan Railways. About 40 locomotives
have been repaired and become operational; route rationalization is being
pursued and loss making routes are being closed. Under the financial
restructuring plan, commercial borrowing has been obtained to repair 96
locomotives.
Next day, the government has in recent months increased its direct
borrowing from the central bank, effectively printing money to cover the
deficit, said Governor of the State Bank of Pakistan (SBP) Yaseen Anwar.
The government has borrowed Rs442 billion from the central bank so far
this fiscal year, Anwar said financing requests that he cant turn down. I
still have autonomy, but not enough to bounce a cheque from the
government, Anwar said in an interview with the Wall Street Journal in
Karachi.
That borrowing has kept inflation in double digits even as economic
growth has slowed to around 3%. Anwar said he expected inflation,
currently hovering just below 11%, to pick up in the next month or two.
Pakistan may have to return to the IMF for financial assistance this year
amid an unstable macroeconomic situation. Anwar said Pakistan could meet
its overseas debt obligations for now. But looming repayments to the IMF
771

from a programme that ended last year are likely to test the nations finances
in the months ahead.
From next fiscal year were going to have stresses. We see reserves
going down quite aggressively. He said the governments failure to get a
massive budget and mounting trade deficit under control could make it
difficult to meet the more than $4 billion in IMF loans coming due in the
fiscal year starting July 1. The IMF ended a three-year $11 billion
programme with Pakistan last year after disbursing only around $8 billion.
The fund withheld the final tranche of more than $3 billion in large part
because the government failed to take steps to reduce its budget deficit.
Payments on the loans have already begun, but they would ramp up in the
months ahead.
The central bank, he said, is unlikely to be able to cut its key lending
rate, currently at 12%, in the near future. Even at these high rates, companies
are finding it hard to get loans in Pakistan as the big commercial banks
prefer to make profits buying government treasury bills, he added. Concerns
over the economy also have hurt the Pakistan rupee, which has been trading
around record lows at 92 rupees to the US dollar in recent weeks.
He said the central bank wont repay the IMF loans by buying US
dollars. That fear sent the Pakistani rupee careening lower earlier this year,
but the currency has since stabilized. The bank instead will run down foreign
reserves, which Anwar expects to fall by about half in the coming fiscal year
to $8 billion, representing less than two months of imports.
Pakistans Taliban insurgency and macroeconomic instability have led
to a fall off in foreign investment to just over $500 million in the current
fiscal year from annual levels over $8 billion a few years ago. Low foreign
investment is a real challenge, the governor said. He said he had turned
down requests from local banks to buy the Pakistan business of HSBC
Holdings PLC, which announced last month it was pulling out of the
country, and is instead inviting foreign bidders.
According to Economic Survey of Pakistan for the outgoing year
2011-12 to be launched tomorrow no development target was achieved while
there was a sharp increase in hunger, price-hike and load shedding.
Meanwhile, the government has approved Rs.873 billion Public Sector
Development Programme (PSDP) for the year 2012-13, with 360 as the
federal component. The growth for the next fiscal year has been projected at
4.3 percent where as estimated growth rate for the ongoing year would be
3.7 percent.
772

Dr Asim Hussain has emerged as a mighty minister in the present


government, as he has managed to convince Ministry of Law which earlier
refused to okay the summary of Ministry for Petroleum and Natural
Resources (MoPNR) seeking increase in Gas Development Surcharge
(GDS) on five sectors. The increase in price will scrounge Rs102 billion for
the regime.
On 30th May, at least three people were killed due to scorching heat as
temperatures shot up to 46 degrees in parts of the Punjab and long hours of
load shedding forced people to stage demonstrations, ransack Wapda offices
and other installations and block roads.
Protests turned violent in Faisalabad as demonstrators attacked the
Civil Line office of Fesco, causing damage to equipment and breaking
windows and doors of the office. Meanwhile, all trade unions in Faisalabad
have announced a three-day long shutter-down strike on June 1. In Multan,
traders protested against prolonged power outages, chanted slogans against
the government, burnt tyres and blocked traffic. Protests also continued for
the second consecutive day in Kotli.
A protest was also held outside Bannu Press Club. Where protestors
claimed they had been without electricity for up to 22 hours on a daily basis.
In Lahore, four-hour-long power outages incited people who blocked GT
Road, suspending the traffic inflow from Rawalpindi, Gujranwala and other
cities for hours. According to our correspondent in Chak Jhumra, protesters
staged a sit-in at Bhai Wala railway crossing, stopping the Ghouri Express at
Faisalabad Railway Station and Karachi-bound Millat Express at Dry Port
for hours.
In Hafizabad, children chanted slogans against the government,
wearing breads around their necks and dragging donkeys to the protest site
with power bills stuffed in their mouths. In Sheikhupura, 14 students of
government and private schools fell unconscious. In Toba Tek Singh, a
senior leader of the PTI Qazi Ghiasuddin Janbaz announced a hunger strike
till death while the PML-N took out a rally lead by its district president Ch
Amjad Javed. In Kamalia, women launched a protest against 22-hour daily
load shedding while a high government officials effigy was burnt in
Kassowal.
Prime Minister Gilani claimed that the government was committed to
resolving the energy crisis and achieving energy security for the country,
adding that Pakistans power sector was presently facing a wide demandsupply gap, which had necessitated the enhancement of generation capacity
773

as well as related infrastructure. The PM was presiding over a meeting of the


Private Power Infrastructure Board (PPIB) where he directed the Ministry of
Finance to urgently release Rs1.5 billion to Wapda to settle the remaining
claims of IPPs.
The PM said that the countrys economic growth was suffering due to
energy shortages and the government was taking steps on the short, medium
and long-term basis to bridge the gap between demand and supply. Gilani
said that solar energy was the cheapest renewable source and efforts were
being made to exploit this potential to the optimum level. The meeting was
informed that Suntech Power would develop projects of 100MW in suitable
regions of Pakistan in phases by installing each plant with generating
capacity of 20MW.
The Economic Survey 2011-12, to be released by minister for finance
Dr Abdul Hafeez Shaikh, will not give any updated figures on the cost of the
war against terrorism for the outgoing financial year. The last Economic
Survey 2010-11 had stated that since joining the US-led war on terrorism in
2001, Pakistans economy had suffered financial losses of around $68
billion.
Next day, Oil and Gas Regulatory Authority issued a notification of
reduction in the prices of petroleum products from Rs4 to Rs13.24 per litre.
The new price list will be implemented from June 1 to 15. The notification
showed lesser reduction in prices than what was recommended.
The Economic Survey for 2011-12 exposed governments dismal
economic performance, as it missed all the economic targets set for the
financial year. The survey was released by Finance Minister Dr Hafeez
Shaikh. The survey, mirroring the economic realities of the country, did not
mention the adverse impact of the ongoing war against terrorism on the
economy during this fiscal year. The exact poverty figures were missing as
well.
The GDP growth remained at 3.7 percent against the target of 4.2
percent in the current financial year. The public debt of the country has
surged by almost 100 percent to Rs12.024 trillion as of March 31, 20112012 from Rs6.055 trillion in 2007-2008. The trade deficit has increased by
14.5 percent and current account deficit has swelled by $3.39 billion despite
the fact that the country received $10.8 billion in workers remittances in 10
months of the current financial.
The government injected Rs1.2 trillion in the last four years to
subsidize massive corruption, poor governance, electricity theft and stealing
774

of the furnace oil used for power generation. Foreign Direct Investment
(FDI) sharply dwindled by 48.3 percent to $667 million during the first 10
months of the current ongoing fiscal as against $1,293 million in the last
fiscal with real investment declining from 13.1 percent of GDP to 12.5
percent of GDP.
Minister said tax measures enforced by the government in April 2011
had yielded dividend. The July-April 2012 growth in FBR tax revenues
demonstrated a growth of 24 percent to achieve Rs1,445 billion in revenue
compared to Rs1,250 billion collected last year. Efforts are under way to
achieve the ambitious target of Rs1,952 billion.
On 1st June, with eye on elections, government presented Rs2.96
trillion budget for the year starting from 1st July 2012. Earphones firmly
plugged in to keep out the raucous jeers and sloganeering from the
opposition benches, Finance Minister Dr Hafeez Shaikh gamely kept reading
his prepared speech in his distinctive monotone.
The minister laid out a people-friendly budget with many goodies
for the electorate. And analysts across Pakistan are already challenging its
feasibility and the ability of the government to finance the promised treats.
While traders in Lahore have scoffed at the budget speech as the launch of
the PPPs election campaign, economic experts are expecting it to fuel a
dangerous inflationary spiral.
Following are the highlights of the annual budget presented by
Federal Finance Minister Dr Abdul Hafeez Shaikh in the National Assembly:
Total budget volume is Rs2,960 billion.
Gross Revenue Receipts are estimated to be Rs3,234 billion.
FBR sets Rs2,381 billion tax collection target.
Rs1,459 billion will be transferred to provinces under NFC Award.
Budget deficit is likely to remain at Rs1,185 billion.
Provincial Surplus is estimated at Rs80 billion.
Rs70 billion will be allocated for BISP.
Rs10 billion will be allocated for Export Development Fund.
10% additional discount at Utility Stores on different commodities for
BISP cardholders.

775

Government will set up 2,000 new Utility Stores, 35,000 families to


get relief.
100,000 youth to get internships, technical training.
Bachelor, master degree holders to get 40,000 internships each in
public and private sector.
20,000 graduates will be imparted skilled training to fulfill domestic
and foreign demand.
Government will pay tuition fee of PhD and master students
belonging to Balochistan, FATA, Gilgit-Baltistan.
Provide 20% ad hoc relief in pay and pension of Federal Government
Employees.
Income Tax Exemption Limit enhanced up to Rs400,000.
Tax on Business Turnover reduced from 1% to 0.5%.
Withholding tax ceiling for cash withdrawal from banks enhanced
from Rs25,000 to Rs50,000.
Federal Excise Duty on 10 items abolished.
Federal Excise Duty on cement reduced from Rs750 to 500 per metric
tonne.
18 raw materials, 9 components being used for text books, stationary
exempted from Customs Duty.
Customs duty reduced from 10% to 5% on 88 raw materials of
Pharmaceutical Industry.
Growth rate remains at 3.7 % as compared to 3.4 % during last two
years.
Pakistan will repay $1.2 billion of loans to IMF.
Sales Tax rate reduced from 17% to 16%.
Current expenditure registers 10% decrease.
Total volume of grants reached 70% of Divisible Pool.
Inflation reduced to 11%, next year it will be cut down to single digit.

776

Tax Revenue registered 46% increase, tax collection increased from


Rs1327 billion to Rs1950 billion.
Subsidy of Rs50 billion given on fertilizer.
Industrial growth rate projected to be 3.4% this year against 3.1% last
year.
Subsidies of Rs1,250 billion given on electricity sector during last five
years.
Government injected 3500MW of electricity to National Grid.
Pakistan to get 2 billion cubic feet of gas from Pak-Iran gas pipeline,
Turkmenistan-Afghanistan-Pakistan India gas pipeline.
500 million cubic feet of LNG will be made available for consumers.
Government gave relief of Rs70 billion on petroleum products.

National Economic Council approved Annual Development Plan of


Rs873 billion.

Federal Government share in Annual Development Plan is Rs300


billion.
200 projects completed under Public Sector Development Programme
(PSDP) at a cost of Rs300 billion.
Government allocated Rs360 billion under PSDP for 96 ongoing
projects.

Rs69 billion earmarked for Electricity sector, Wapda, electric


companies will be given Rs115 billion.

Rs44 billion earmarked for Social Sector.


FATA, Gilgit-Baltistan, AJK to get Rs37 billion.
Rs16 billion allocated for Higher Education.
Rs84 billion allocated for Transport and Communication (Rs51 billion
for NHA, Rs23 billion for Railways).
Balochistan share increased up to 9.09% in Divisible Pool.
Government accepted Rs120 billion as royalty on gas sale from 1954
to 1991 for Balochistan.

777

Federal Government will finance 11,500 jobs for Baloch youth.


Block Development Allocation enhanced up to Rs16 billion for GilgitBaltistan.
Rs10 billion allocated for mega project in Gilgit-Baltistan.
Rs17 billion allocated in PSDP for FATA.
Rs12 billion for development projects, Rs16.5 billion for current
expenditure for Azad Kashmir besides a loan of Rs8.5 billion.
Remittances by overseas Pakistan touch $13 billion mark during last
two years.
Exports registered 28% increase; volume touches $25 billion mark.
Fists flew as rival lawmakers thrashed each other as Minister for
Finance delivered the budget speech. That the PPP MNAs were trading
blows with the PML-N MNAs seeking to break through their cordon around
the finance minister is something that didnt reflect on either the face of the
minister or his pace. PML-N MNA Malik Shakil Awan and PPPs Javed
Iqbal Warraich physically thrashed each other in the space between Prime
Minister and NA Speaker, as a result of which Javed Warraichs waistcoat
was torn in half.
This was the first incident of its kind in the parliamentary history of
Pakistan with two members physically assaulting each other in full view of
the prime minister and the Opposition leader. In an attempt to calm the
situation down, Fehmida Mirza asserted: [This] is an unconstitutional way
of protest. You are undermining parliament.
In an attempt to give a befitting response to the protest from the
Opposition, members from the treasury benches gathered around Prime
Minister Gilani just as he was leaving the House, raising slogans in his
favour. They also waved their fists in the direction of the Opposition
members as if advertising their victory.
Speaking to reporters outside Parliament House afterwards, Leader of
the Opposition Chaudhry Nisar Ali Khan questioned how the finance
minister who a day earlier had admitted the governments failures while
unveiling the Economic Survey could possibly present the federal budget.
He added that rampant corruption had taken the shape of a consortium in the
country, and now entire families were involved in corrupt practices.

778

Observers noted that electricity to would cost more as government


aimed for massive cut in subsidy. The government has proposed Rs184
billion subsidy for the power sector for the fiscal 2012-13 (July-June)
against the revised estimated allocations of Rs464 billion in the outgoing
fiscal year under this head, indicating that it plans a massive increase in the
electricity rates.
The FBR would collect Rs932 billion through direct taxation while
the remaining Rs1449 billion would be generated through indirect taxes. In
major revenue spinning measures, the government has imposed Capital
Gains Tax (CGT) on the sale of property with proposed rate of 10 percent if
it is disposed of after one year and 5 percent in case of disposing it of after 2
years. After this period there will be no CGT.
In the outgoing year, the Intelligence Bureau (IB), which in 2009 was
accused of sparing Rs270 million from the secret fund for the PPP
government to push the ruling partys political agenda in the Punjab, has got
from the public kitty Rs400 million over and above the budgetary allocation,
but without any explanation about the purpose for this supplementary grant.
Defence budget was boosted by 6.45 percent to Rs545.386 billion
though it recorded around a 4 percent decrease of military spending in real
terms for the next fiscal 2012-2013. Compared to outgoing fiscal years
revised defence budget of Rs510.179 billion, the government presented its
defence budget with only 6.45 percent increase.
As the country faced crippling economic pressures, rising
unemployment and increasing daily burdens, the only relief that the budget
seems to have provided is for the Presidency and Prime Minister House, the
budgetary allocation of which have jumped by Rs134 million and Rs156
million respectively for the new fiscal year.
Next day, Senator Ishaq Dar, while describing the federal budget as
disappointing, asserted that excessive bank borrowing and supplementary
grants during the ongoing fiscal year had grossly imbalanced the countrys
macro-economic indicators. He said that the government had borrowed
Rs939 billion from banks against the targeted amount of Rs303 billion,
while supplementary grants had also touched Rs425 billion.
He regretted that due to the energy crisis and a handful of other
factors, the cream of Pakistans business community was migrating to
Bangladesh, Turkey and the Middle East. The Senator pointed out that the
government had also stopped providing poverty figures in the economic

779

survey, but according to estimates around 74 percent of the population was


earning two dollars or less per day.
Dar criticized the government for not withdrawing the prime
ministers discretionary powers particularly in the utilization of development
funds, which still stand in the range of Rs25 billion to Rs29 billion: The
discretionary powers of the prime minister should be withdrawn to bring
transparency in the system. Dar also came down harshly on the federal
government for including the provision of lifetime security for presidents
and prime ministers of the country.
On 3rd June, infuriated by prolonged and unannounced power outages,
people across the country vented their anger by taking to the streets,
ransacking offices and torching vehicles, while at least eight persons died in
heat-related incidents. The KESC said that an angry mob in Korangi made
its team hostage and destroyed a truck and expensive equipment.
In Dera Ismail Khan, students of the Gomal University blocked the
Indus Highway in protest against load shedding. In Faisalabad, traders
observed a complete strike on the third consecutive. All markets, shopping
centres and grocery shops remained closed while a number of rallies were
taken out. Pakistan Textile Exporters Association and Industry and Anjumane-Tajran office-bearers condemned the government for causing colossal
financial losses to traders and industrialists.
Lahore, Chishtian, Multan, Sahiwal, Lodhran Mandi Bahauddin,
Sialkot, Swabi and Mardan also resounded with protests and rallies. In
Jaranwala, the PML-N workers set up a protest camp, while in Toba Tek
Singh, PTI leader Ghiasuddin Janbaz ended his hunger strike and took out a
big public procession.

Provincial disharmony: On 29th May, the power crisis became


unbearable as major chunks of the Punjab Provinces cities faced three-tofour hour long outages twice a day, causing protestors to take to the streets in
protest. Electricity to about 70 per cent of Lahore remained disconnected in
the afternoon from 2pm to 5pm. Power regulation was being done by the
Islamabad-based National Power Control Center. Meanwhile, the overall
shortfall in electricity demand and supply widened to well over 7000MW.
An All Pakistan Textile Mills Association spokesman on Monday
expressed concern over massive announced load shedding of up to 10 to 12
hours a day. He said textile mills situated in Discos in Islamabad, Lahore,
Faisalabad and Gujranwala are being hit hard by unannounced load

780

shedding. He said the government had withdrawn the load shedding


exemption to the textile industry on independent feeders, and temporarily
announced four hours a day load shedding during high demand period.
Textile mill can only be viable if it is operational 24/7 and 365 days a year;
otherwise, it becomes unviable to sustain production in case of 10 hours
power suspension daily.
Fed up with prolonged power outages coupled with sizzling heat,
angry people took to the streets as power situation worsened. In Lahore,
Rawalpindi, Islamabad and other major cities residents also faced a severe
shortage of water, as water pumps could not be operated without electricity.
Irked by hours-long power outages amid scorching heat, people took out
processions against load shedding.
The protestors had staged sit-in protest at Kabirwala bypass Lahore
road, which resulted in blockade of roads leading to Lahore, Jhang, Shorkot,
Faisalabad and Sargodha. The protests against load shedding were also
carried out in Khanewal, Faisalabad, Multan, Rahimyar Khan, Sahiwal,
Bahawalpur, Jhang, Sargodha and Rawalpindi. They demanded of the
government to end load shedding immediately.
The PPP government came under heavy criticism by senior party
loyalists from Faislabad in the presence of Faryal Talpur, central party leader
and sister of President Zardari, over its failure in addressing the power crisis.
Mehr Rasheed urged the party leadership to expel the idea of victory from its
mind in the next polls unless it solved the load shedding issue.
On 31st May, President Zardari sent a reference to the Speaker
National Assembly, calling for the constitution of a commission comprising
six senators, six MNAs and two members from the Provincial Assembly of
Punjab to look into issues relating to the creation of two new provinces,
namely Multan and Bahawalpur in the Punjab and to initiate the process of
amendments in the Constitution for this purpose. Meanwhile, Prime Minister
Gilani vowed to create Seraiki Sooba before general elections.
President Zardari alleged that the PML-N was behind the conspiracy
to create an ethnic crisis in Sindh by raising the slogan of a Mohajir
province. Addressing PPP MPAs of Sindh at the Bilawal House, Karachi, the
president said the PML-N conspiracy had failed with the support of the
MQM, which had proved that it did not want a division of Sindh.
President Zardari cautioned that the PML-N might create another
conspiracy and hence the party leaders should remain in contact with the
masses to inform them about the past politics of nationalist forces that had
781

now joined hands with the PML-N. He said the government was carefully
monitoring the activities of rivals, especially those who had started activities
in Sindh and were gathering nationalist forces to use them in conspiracies
hatched to destabilize the province.
Zardari said the PPP, being the party of the masses, was aware of the
real issues of the people and focusing on their early redress. He said with
over four years in government, the PPP had many achievements to its credit
and was in a position to confidently go to the people in the next general
elections. He said despite continued propaganda from the partys detractors
and unprecedented challenges from various quarters since assuming office,
the party had successfully navigated the course.
Nawaz Sharif addressed a public gathering in Matli and reiterated that
he was fiercely against the division of Sindh, and that the Muhabat-e-Sindh
rally had also been against the division of the province. He asked the rulers
why innocent demonstrators had been targeted, and lamented that the silence
of rulers in the light of the tragic incident was unfathomable.
Violent protests against power load shedding continued in different
cities of the Punjab. In Faisalabad, power loom workers belonging to Sadhar
and Ghulam Muhammadabad blocked Jhang Road for several hours. They
chanted slogans against the government, marched towards the grid stations
and damaged its windows and gates and then went to the District Council
Hall and damaged several shops. They demanded resignation of Federal
Minister for Water and Power.
The protestors pelted a bank with stones, causing damage to the
windows and attacked the PPP city office on the Kotwali Road but dispersed
when the police baton-charged them; two protesters were injured. Local
administration ordered the closure of all petrol pumps as a precautionary
measure. Faisalabad Chamber of Commerce and Industry (FCCI) president,
vice-president and office-bearers of different trade bodies said they would
besiege the residences of ruling parties leaders on June 5 if the federal
government did not reduce the duration of load shedding.
The Lahore Chamber of Commerce and Industry expressed grave
concern over the power riots in Faisalabad and feared that the violent
protests may engulf other parts of the country if the government failed to
take corrective measures immediately. The LCCI President said that despite
tall claims by the government, the electricity situation was fast turning from
bad to worse and forcing the people to take to the streets.

782

In Chunian, the people from all walks of life observed a complete


strike and took out a rally. The protesters damaged the furniture of XEN and
SDO offices and smashed windowpanes of a rest house. Protesters burnt
tyres in front of a Wapda complaint office. In Nankana Sahib, nine students
of different schools fell unconscious due to scorching heat and load
shedding. Protest rallies were taken out in Pakpattan, Toba Tek Singh, and
other towns.
On 2nd June, addressing a rally against prolonged power outages in
Sahiwal, Punjab Chief Minister said the Rs100 billion circular debt,
corruption and written-off loans were behind the ongoing energy crisis in the
country. He said the people were dying of hunger, but the federal
government was looting them. He announced generators would be installed
at tube-wells to overcome the water shortage.
Next day, Punjab Chief Minister asserted that load shedding was a
form of terrorism, and the countrys corrupt leadership had made the lives of
ordinary people truly miserable. He also said that in order to rekindle the
countrys light; the lamp of Ali Baba and his forty thieves would have to be
extinguished.
He said during the energy conference, Prime Minister Gilani had
promised that a unified load shedding schedule would be enforced
throughout the country. He castigated the Prime Minister for backtracking on
his word, and said that a discriminatory and hypocritical attitude was being
shown to the Punjab on load shedding, which would not be tolerated any
longer.

Baloch militancy: On 28th May, five people, including two


policemen, were killed in two separate incidents. Police said that they had
found the bodies of three persons who were strangulated in Shalkot area of
Quetta. In another incident, two policemen were killed on the Saryab Road
when unknown armed men attacked a police mobile van.
Next day, Federal Minister for Information said a high-level meeting
chaired by Prime Minister Gilani discussed in-depth six dimensions of
Balochistans problems and the missing persons case. He said the meeting
discussed in detail the operational, developmental, administrative, legal,
political and financial aspects of the situation. Six-member steering
committee was also formed which would hold meetings on a weekly basis
and submit its report to the prime minister.

783

Kaira said the FC would have no anti-smuggling role in Balochistan.


However, the chief minister Balochistan would determine the role of the FC
for secure travel across the province. He added that the provincial
government would hold a dialogue with politicians and nationalists. Chief
of the Army Staff General Ashfaq Parvez Kayani also said that a military
solution was not a durable solution and dialogue was the only way to resolve
conflicts.
Kaira said that the prime minister had directed the finance minister to
pay the amount for the federal governments share to be given in subsidy for
tube wells. He said the government would also allocate funds for two dams
in the upcoming budget, while Kachhi Canal would also be completed this
year and funds in this regard would be provided.
The minister said that funds would also be provided to make Gwadar
Port operational while Rato Dero-Gwadar Road would be completed too. He
said the Army chief assured providing foolproof security to local and foreign
companies mining for minerals in Balochistan. He said the quota for Baloch
youth in the army would also be completed this year.
On 1st June, the Supreme Court directed the federal government to
submit a detailed report on the law and order situation in Balochistan by
June 4. The court observed that as per the Constitution, the federation is
bound to assist the provinces to cope with the internal and external threats.
The court further directed secretary Defence to collect all the
statements of the concerned authorities and present a clear statement before
the court for the solution of law and order situation in the province with
particular reference to abduction of people, missing persons as well as a
detailed report on the mutilated bodies being found in the streets of
province.
The CJP remarked that three persons were picked up in Balochistan
during the SCs hearing and later, their bodies were found while their cases
were under way. The IGFC must tell about those who are responsible or the
court will hold him responsible for the disappearances, the CJ warned. Raja
Irshad, counsel for the agencies, told the court that IGFC is in Iran on a visit
after which the bench summoned the IGFC for June 2.
The court in its order noted that whenever directions were issued to
law enforcement agencies, insisting for recovery of missing persons, only
dead bodies came in response. The court further noted that on the last date of
hearing, despite notices issued, there was no representation of the federation.
Justice Khilji Arif remarked that he could not sleep after hearing about the
784

death of three missing men. Is somebody trying to scare us Justice Khilji


asked? He said that nobody could be given a licence to kill.
The bench also expressed displeasure over AGs absence and asked IG
Police as to what was done after the bodies of three missing persons were
found. He told the court that a case has been registered. On this, the CJP
remarked that a case should also be filed against the IGFC and said that
Balochistan is also a part of Pakistan but everyone shows ignorance when
inquired.
The court rejected a report submitted by the representative of the
Ministry of Defence. Meanwhile, Raza Kazim, counsel for four international
cellular companies of China, Russia, Abu Dhabi and Norway are requesting
to become a party. The learned counsel contended that his clients wanted to
extend support for the improvement of law and order situation in the
province. The counsel denied on behalf of his clients that they were
responsible for the surge of crimes.
Next day, Prime Minister Gilani directed the Balochistan chief
minister to take special measures to trace the missing persons. He also
ordered the chief minister to ensure well coordinated efforts of all lawenforcement agencies of both the federation and the province operating in
Balochistan to help overcome terrorism, kidnapping for ransom and other
criminal activities.
The premier also directed the Law Ministry to formulate the necessary
laws with respect to missing persons and to make the necessary amendments
in existing anti-terror legislation so as to counteract terrorism in the country.
The Ministry of Interior is expected to issue formal instructions within three
days to all law enforcement agencies not to issue any Rahdari, and to
declare existing Rahdaris null and void.
IG FC Balochistan said there is foreign interference in the province.
He claimed that around 30 camps of the insurgents are being operated from
Afghanistan to create chaos in the province. He added around 211 Ferrari
camps (training camps of outlaws) are being operated in Balochistan.
To a question, he said FC respects courts and political institutions.
There is no motive of FC but to maintain law and order and protect borders.
IG FC called for bringing out political solution of Balochistan issue. To
another question, he said FC and intelligence institutions are being criticized
under a conspiracy and that they are working in cooperation with provincial
government and CM.

785

Unknown gunmen riding a motorbike opened fire on a rickshaw and


killed a man at Sariab Road, Quetta while another man was wounded.
Earlier, a police constable was gunned down in Nawan Killi near provincial
capital here. Police said that apparently it was target killing incident.
On 3rd June, six people lost their lives in a fresh wave of target killings
in Quetta at the time when Prime Minister Gilani was about to land in the
provincial capital to review the measures on the law and order situation in
Balochistan. Three unidentified armed men riding a motorcycle attacked a
welding shop on the Sirki Road, one of the busiest commercial areas, when
the owner and workers of the shop were busy in taking their lunch.
Pashtoonkhwa Milli Awami Party (PkMAP) took out a protest rally
and staged a demonstration on the Sirki Road and strongly condemned the
incidents of target killings in Quetta. The leaders of the PkMAP demanded
of the government to provide security to the citizens as incidents of target
killings had become a matter of routine in Quetta, while the government was
oblivious about the gravity of the situation.
Prime Minister Gilani said foreign elements had their sights on
Balochistans resources, adding that he had given directions to the chief
secretary of Balochistan to identify 35,000 graduates of the province to
provide them jobs in government departments. The prime minister was
talking to a delegation of the PPP Balochistan at the Governor House.
Gilani said that under the 7th NFC Award the share of Balochistan had
gone to Rs120 billion as compared to Rs40 billion in the past. He disclosed
that Rs31 billion have been allocated for the Kachhi canal project and Rs3.2
billion have been allocated this year to complete the road between RatoDero and Gwadar.

Turf war in Karachi: On 28th May, Altaf Hussain said that Sindh
does not belong to any one group and added that the province belongs to
everyone whose life and death is attached to this province. He said this while
talking to the visiting PPP delegation at the MQM head-office Nine-Zero on
Monday. He welcomed Amin Faheem, Khursheed Shah, Naveed Qamar and
Maula Bux Chandio at the MQM headquarters. Meanwhile, seven more
people were killed Karachi to de buried there to have the sense of
belonging. Next day, a Navy employee was among four people killed in
Karachi.
On 30th May, target killers continued to wreak havoc in Karachi and
claimed seven victims, including two employees of the Sindh Education

786

Department. Late night armed men targeted Asad Hussain; the deceased was
a former MQM activist who had left the party a few months earlier.
Three people, including Dr Aftab Qureshi, a kidnapper and an ASI of
Karachi Police, were killed soon after a police party, led by chief of the
CPLC raided a house in Hyderabad. Chinoy had received a tip-off about the
presence of Dr Aftab Qureshi and he along with a Karachi police team
carried out the raid.
Next day, nine people, including a Sub-Inspector (SI) of Pakistan
Rangers, were killed in separate incidents, bringing the death toll for the
month of May to 91. Three people were killed when armed men opened fire
on a car in Nazimabad late at night. Meanwhile authorities decided to
enhance special patrolling in all sensitive areas during day and night-time.
A high level meeting, co-chaired by Minister for Interior and Chief
Minister, was held on the directions of President Zardari, decided revision of
territorial jurisdiction of all police stations in Karachi while creation of subpolice stations in all the sensitive areas. The other decision was to establish
community policing within the jurisdiction of police stations. Creation of
intelligence units consisting of IB, Special Branch along with local youth to
identify the criminals was also decided while no house would be rented out
by the owners unless prior information in sensitive areas.
On 1st June, ten people were killed in incidents of violence in Karachi.
Next day, three bullet-riddled bodies were found from various areas of
Karachi. Two people were killed in firing on a car in Gulistan-e-Jauhar area;
the killers escaped. At least three people were killed and three others injured
when unknown armed men opened fire on them in Surjani.
On 3rd June, two people were killed and several others injured when
unknown armed assailants opened fire in Paposh Nagar, Karachi. Similarly,
two persons, including a woman, are reported killed as a result of firing by
unidentified attackers and two car passengers were shot dead Gulistan-eJauhar.

VIEWS
Rule of law
Is the PM really that ignorant, or is he playing games? The
convicted Prime Minister Yusuf Raza Gilani has been a parliamentarian for
almost 30 years and also served as speaker of the National Assembly for
787

over three years but he still does not know that the Constitution
unequivocally bars anyone acquiring foreign nationality from becoming a
member of parliament In his latest interview with Geo, Gilani said that
there was no restriction on dual citizenship for legislators in the constitution
and he was in favour of expatriate Pakistanis getting the right to vote and
becoming members of the parliament.
There should be a debate on the issue of dual citizenship and
parliament should decide the issue and legislate because now the world has
changed, the prime minister said, and added that expatriate Pakistanis
should not be deprived of the right to become members of parliament and
voters in Pakistan. He said nowhere in the constitution was it written that
Pakistanis cannot hold dual citizenship or become legislators and
bureaucrats.
This statement of Gilani shows his complete ignorance of what the
constitution clearly states. Certain elements in the government are trying to
shift the blame of this bar on the apex court, which is presently hearing the
case of dual national MPs and has even suspended the membership of PPP
MNA Farahnaz Ispahani.
Early this year it was the Election Commission of Pakistan led by
former Chief Election Commissioner Justice (R) Hamid Ali Mirza, which
had announced that the constitutional bar on dual nationals that has been
overlooked in the past would be strictly adhered to in the future. The
government had special liking for Justice Mirza as he was heading the
commission that had recommended all the criminal cases under the NRO
Although the prime minister did not see anything wrong with the dual
nationality holders to be the members of the parliament, the SC in its order
had reproduced the oaths of parliamentarians and those becoming US
national to reflect on the conflicts between the two.
The oath of the members of the parliament reads as: I,____, do
solemnly swear that I will bear true faith and allegiance to Pakistan: That, as
a member of the National Assembly (or Senate), I will perform my functions
honestly, to the best of my ability, faithfully, in accordance with the
constitution of the Islamic Republic of Pakistan, and the law, and the rules of
the Assembly (or Senate), and always in the interest of the sovereignty,
integrity, solidarity, well-being and prosperity of Pakistan: That I will strive
to preserve the Islamic Ideology which is the basis for the creation of
Pakistan. And that I will preserve, protect and defend the constitution of the
Islamic Republic of Pakistan.
788

Regarding Farahnaz, who took the above oath as member of the


parliament, the SC said: At the same time, while acquiring the citizenship
of USA she has also taken the oath, which is administered to the immigrants,
who wish to become citizens of USA. Same is reproduced herein below: I
hereby declare, on oath, that I absolutely and entirely renounce and abjure
all allegiance and fidelity to any foreign prince, potentate, state, or
sovereignty, of whom or which I have heretofore been a subject or citizen;
that I will support and defend the constitution and laws of the United States
of America against all enemies, foreign and domestic; that I will bear true
faith and allegiance to the same; that I will bear arms on behalf of the United
States when required by the law; that I will perform noncombatant service in
the armed forces of the United States when required by the law; that I will
perform work of national importance under civilian direction when required
by the law; and that I take this obligation freely, without any mental
reservation or purpose of evasion; so help me God.
The SC observed that in democratic dispensation under the
constitutional provision the members of the National Assembly and the
Senate occupy their positions as chosen representatives of people of Pakistan
and if the chosen representatives of Pakistan have already renounced their
citizenship, prima facie under the constitutional dispensation, they had no
right to represent them and decide the issues of all national importance being
the members of different committees including defence etc, where all open
and secret policies for the betterment of the people of this country/nation are
discussed. (Ansar Abbasi, The News 30th May)
Birth pangs of Pakistan peoples revolution! Every Pakistani
citizen will have to make a choice now: Forget, if you wish, Imran Khans
promise of a tsunami, Sheikh Rashids daily lamenting on TV talk shows on
the increasingly deplorable conditions of Pakistans masses, and General
Hameed Guls steadfast determination to define Pakistans future existence
linked to a national ideological renaissance. But, what no one can possibly
ignore in todays so-called democratic Pakistan is the common citizens 88
percent of its populations utter disappointment with the way and the manner
in which the incumbent 4 year-old democracy has functioned. Show me a
common Pakistani who is not fed up with this countrys ruling elite, past and
present, and I will show you an elephant that can fly. Heartbroken,
anguished, demoralized, poverty-stricken, depressed, economically
demolished, physically wrecked, socially ruined, emotionally destroyed, and
politically decimated Pakistanis, the majority of them, wish the present-day

789

democracy, along with its ruling leadership, both in the governance and
outside of it, would go away, vanish, disappear into oblivion.
It is a moment in Pakistans history that can transform itself into a
movement for a revolutionary transformation of its decades-old ailing
political culture. The agitating populace seems to be emotionally and
politically prepared for a sustained and collective assault on the politicaleconomic status quo that has laid ruins of this country. The people know that
the present so-called democratic dispensation and its leadership have offered
the nation nothing better than the previous military regimes or civilian
administrations. In fact, the incumbent regimes political and economic
management of national affairs has been the worst of the 60-year history of
the nation. The people are aware that even today, all important domestic and
foreign policy as well as military decisions in Pakistan are being made on
the dictates of Washington and London.
The challenges faced by Pakistan are monumental: the most serious
problem is that of a declining economy the economic mismanagement of
the country by the ruling PPP Zardari-Gilani junta that has resulted in
unprecedented hardships for common citizens. Then there is the uncertainty
of the political climate coupled with institutional conflicts. Added to this is
the growing problematic in the deterioration in security-related issues all
over the country from insurgency in Balochistan to drone attacks in the
northern part of the country. Mounting national debts, run-away inflation,
skyrocketing prices, the lavish lifestyle of the ruling elite at the expense of
the national exchequer, the repeated failure in foreign policy and Pakistans
diplomatic initiatives, and so on and so forth there is hardly an aspect of
national political management which is not faulty, flawed or politically
incorrect.
Todays Pakistan exists in absolute political chaos. But can these
chaotic conditions be transformed into creative chaos leading to
revolutionary changes in the political culture and structure of the country
which could ultimately lead the nation into a stable and sustainable
democracy?
This will be a complex and complicated process entailing fundamental
understanding of reactionary political forces and how these forces operate in
defeating the nationalist objectives of revolutionary movements.
In the case of Pakistan, the underlying problem has been its ruling
elites historical alliance with the US and the West, most specifically
Britain Pakistan can no longer afford to be an ally and a partner in the US790

Nato neo-imperialist neocon ideological capitalist agenda for a New World


Order for which Iraq, Afghanistan and Libya have been brutally and
savagely raped militarily and politically and other Muslim nations are
likely to be under future assault.
What Pakistan needs today is a national leadership not for sale to
foreign powers. A leadership of credibility, personal integrity and absolutely
devoid of personal self-seeking interests. A moral-ethical leadership. A
leadership that intellectually and in principle, enforces the conflict of
interest notion and is dedicated to serving the nation selflessly. A leadership
that comes to power not on the political, coercive and manipulative backing
of the US and Britain, but on the strength of the masses support.
Pakistan needs a qalandar, a political saint to lead the nation out of
its present quagmire out of its present foreign alliances towards
becoming an independent, self-reliant, self-respecting sovereign nation. Who
will be that political saint, the political selfless qalandar?
The answer is: The One who will mobilize the entire nation NOW! It
is about time for being aware of somebody elses pain the pain of 180
million suffering Pakistani people. (Dr Haider Mehdi, TheNation 30th May)

Defiance of judiciary
Trouble ahead: The Pakistan Peoples Party on Saturday finally
decided not to file an appeal against the decision of the seven-judge bench in
the prime ministers contempt of court case. The partys thinking behind the
decision goes something like this: the PPP thinks it gained some ground
through the courts short order and the detailed judgment and does not want
to risk the gamble of losing it in the appeal process. According to those in
the party who took the final decision not to go for appeal, the sentence in the
short and detailed orders had convicted and punished the prime minister in
the shape of a 30-second imprisonment till the rising of the court but it had
not disqualified him. Thus, PPP legal eagles opined that if the party went
into appeal, especially in a hostile environment, the bench might revise its
decision not to disqualify the prime minister and even nullify the decision of
the National Assembly speaker not to forward the PMs disqualification
reference to the Election Commission. This was a risk the PPP did not
consider worth taking hence the decision not to appeal. This strategy,
however, does not appear to have helped in any meaningful way as the
matter has eventually landed in the apex court with both the PTI and PML-N
filing petitions challenging the speakers ruling. The hard work of Barrister

791

Aitzaz Ahsan and Co who came up with 146 objections seems to have gone
in vain.
But with the decision not to file a review appeal, the prime minister
has conveyed two ominous messages. One, that he considers the apex court
biased and partial and not likely to give him justice; and two, that the
government has decided to save itself by sparking a conflict of institutions,
turning the issue into one of a standoff between the judiciary and parliament,
when in reality, this is not a case of the judiciary encroaching upon
parliaments rights and responsibilities but a simple matter of the chief
executive of the country refusing to obey the countrys highest courtThe
truth of the matter is that the government may have wasted its last ace with
the decision not to file an appeal, ending up in a cul de sac where the only
options available for it to extricate itself from a legal morass are political
tactics. And thats what the government is doing: playing politics where
legal arguments have failed it. Now, it will have to fight the PML-N and PTI
petitions. But that wont be the end of its troubles. There are chances that
PM Gilanis nomination papers for the next elections will be rejected by the
ECP, unless he is able to prove that this conviction was quashed through
appropriate forums an unlikely scenario, as things stand. (Editorial, The
News 29th May)
Duck, divert, dictate! Ever wonder what a Pakistani version of haka
would look like? Something like Prime Minister Gilanis decision not to file
an appeal in the contempt of court case? And just like certain varieties of the
traditional Maori dance, the intent here also seems to be to startle and scare
away enemies.
When the decision was first announced, even the most astute political
minds in the capital were a bit thrown off. By going for appeal, the PPP
could have trapped the court in another round of legal guerrilla warfare,
stretched out the time for the appeal process to reach its logical conclusion,
and sailed happily all the way to election day.
Indeed, for a party whose reaction to most crises in the last four
years has been to prevaricate and delay to suck its rivals into endless,
enervating battles and thus live to fight another day giving up an option
that would buy it more time made no sense. What was going on?
The prime ministers review appeal would ultimately have been
thrown out by the larger bench of the Supreme Court it was only a matter
of when and not whether and the PPP understood this all too well. When
Barrister Aitzaz was presenting his arguments in the contempt case, the court
792

was generous, some would argue, allowing him plenty of time to make his
tiresome and ultimately circuitous arguments. But given Team Gilanis
reaction to the judgment breathlessly accusing the bench of being biased
and without jurisdiction there was little chance the court would make
concessions for it this time round or give it a chance to endlessly drag out
the proceedings.
Going for appeal wasnt going to work out.
Some PPP insiders also suggest the decision not to appeal was
personally taken by an insurgent Gilani tired of ceaselessly being in the
spotlight and under intense political pressure. Before the hearings in the
PMs contempt case began, the focus of the court, and the media, wasnt the
PMs supposed delinquency but the six million dollars in Swiss accounts.
From trying to reactivate a probe into the presidents allegedly ill-begotten
wealth, the issue had almost entirely become about making the PM step
down.
Gilani wanted out. It was time to change the goalpost once again.
The prime minister versus judiciary battle had clearly been lost in
the court of law but the court of public opinion still presented endless
opportunities for appeal, if only the PPP could tweak the narrative to its
advantage But the PPP must have known that both the PML-N and PTI
would challenge the speakers ruling and the court would probably accept
their plea and direct the Election Commission to decide on the PMs
disqualification. What then?
Remember, back during the NRO hearings, the PPPs rallying cry that
the robes and Raiwind had come together to vanquish the PPP? Rest assured
that war whoop will be heard loud and far in the weeks ahead, with Team
Gilani leading a deliberate campaign to prove the Supreme Court is
favourably disposed toward the Sharifs and even the Lahore-based Imran
Khan.
Thus, even if the question of the PMs possible disqualification wont
have a different answer no matter which course the PPP takes, what it has
the power to change is the public perception of what is going on. So it will
use its persecution complex as political strategy oh the poor PPP, harassed
by the judges yet again at the behest of the PML-N and others and employ
political tactics where legal arguments have been exhausted.
Which takes us to yet another theory about why the government didnt
go for appeal or another time-buying option: because the decision on an
793

early election is already done and dusted. In an extreme version of this


theory, some PPP insiders are even suggesting that the prime minister will
resign So the PM announces early elections, dissolves parliament and
resigns. Madness? Maybe, but not without method.
Given the countrys fiscal woes, several unpopular economic
decisions will need to be taken in the coming months So, why not hit the
election road in June then, leaving the three-month tenured caretaker
arrangement to take the politically toxic, tough economic measures? For the
PPP, its all just part of the haka.
People used to making gold are good at finding a silver lining in the
darkest of clouds. So, just when you thought the PMs goose is cooked, he
serves you political foie gras. Still wondering why the PPP didnt go for
appeal? (Mehreen Zahra Malik, The News 30th May)

Recessing economy
Clarion call for reform: State Bank Governor Yaseen Anwar has let
the cat out of the bag by disclosing that the government is keeping the lamps
burning by printing notes and taking loans from the State Bank. Talking to
an American newspaper on Tuesday, Mr Anwar said that the government had
borrowed Rs442 billion this fiscal year, money which he could not refuse,
because he lacked the autonomy, as he said, to bounce government cheques.
However, the solutions he presented are equally unpalatable for the hardpressed people of Pakistan: to pay more taxes, or go to the IMF. The
question of paying more taxes would mean burdening the already hardpressed people, who have not only been battered by inflation, but who are
also suffering the effects of electricity shortages in the midst of summer.
More taxes would also mean going into the coming general election as the
government that has just soaked the poor Going to the IMF would be
made difficult alone by the global crisis, with the Greek debt crisis an eye
opening example of just how easy it will be to ask for money. Then there is
the problem of the IMF acting as an enforcer for the US at a time when US
policies are highly unpopular amongst the Pakistani people. Installments for
the recent, prematurely concluded, IMF programme, already constitute a
burden on the economy, and another programme, would mean more burdens
in the near term.
A tragic symptom of Pakitan's budget balancing act, is the stubborn
refusal to look at the expenditure side. Whether it is the ever expanding PIA
budget or the black hole that is Pakistan Railways, the temptation to avoid
difficult decisions and subsidize inefficiency at the cost of state expense is
794

always given in to. The same legislators who have protected their
agricultural incomes from taxation, have also learned to look on the budget
as a never-ending source of resources through which to maintain lavish
lifestyles.
The government must not ignore what has been said by the Governor
of the State Bank. This is not the only Governor to have made this particular
criticism of the government. So have his predecessors, two of whom bowed
out well before time. This particular Governor is a State Bank insider, and
thus one who has spent his entire working life on the governments side,
where he firmly remains. What he says should not be met by the government
as mere carping, but a clarion call to fundamental reform. (Editorial,
TheNation 31st May)
Time to act: It will be a great fallacy on the PPPs part and its allies
to bank on the indirect support that they may get due to Imrans rising
popularity in some of the cities in Punjab. These urban centres are
considered to be the strongholds for Mian Nawaz Sharif and, thus if the PTI
succeeds to wean away the voters in these urban centres, the PPP and its
allies would be the indirect beneficiaries.
The fact of the matter remains that on the issue of load shedding, the
PPP and its allies must prepare themselves for the peoples wrath and the
notion that they will be forgiven is absurd, keeping in view the extreme
anger and despondency that prevail among a vast majority. There are other
pressing issues like inflation, rising prices, unemployment and deteriorating
law and order situation. These factors will also have some bearing on the
outcome of the upcoming general elections.
It would, therefore, be prudent on the part of the PPP-led government
to immediately put in place measures that would help reduce the peoples
burden. So instead of portraying a picture of paralysis, the government must
step forward and initiate decisive actions that are both visible and effective.
To achieve this goal, it is absolutely essential to introduce a new, competent
team to govern the state. This may be a tall order, but then there are no easy
solutions for a country whose economy is hemorrhaging at a pace that
should never be tolerated.
Anyway, the actions of both the government and the opposition
parties have failed to satisfy a beleaguered nation, yearning for a change for
the better. Conditions are ripe where any with good orator can mislead the
people creating more difficulties not only for the people themselves, but also
for the institution of democracy.
795

Finally, the coming weeks and months demand political maturity from
the forces, which believe that the peoples will must prevail in this country
because democracy is, perhaps, the only option that can allow Pakistan to
face the present challenges. (Azam Khalil, The Nation 1st June)
To bring a change: Nonetheless, we individually and collectively
need to become whole in order to survive, but this cannot be done under the
present dispensation nor if the same faces come into power for another term.
Who then shall be our deliverer? The answer has always been there staring
us right in the face. It is we the nation that will initiate its own cure or die.
What then will it take to awaken the will to initiate this cure? Will the trigger
be more dismemberment, loss of sovereignty or total anarchy or will it be
the sight of our families and loved ones engulfed in mortal danger?
The above possibilities are not the ravings of a pessimist, but
scenarios dictated by how things stand today. A piece by piece dissection of
this environment will reveal that we are now in the grip of a bear trap - one
jaw of which is descending upon us from without, while the other is
threatening us from within, in a choreographed manoeuver with us acting as
the willing prey.
On the internal front, we have armed unrest in Balochistan, a low
intensity conflict in the KP tribal areas bordering Afghanistan and a restive
northern area. We are also afflicted by terrorism based on religious
extremism and ethnicity. The situation is exacerbated by poor law and order,
economic deprivation and a callous political dispensation. Externally, we are
stuck between India in the east, an unreliable western neighbour and a
western superpower that bode us no good.
Our enemies appear to have understood our psychology better than
ourselves. They have involved us in internal strife, which is fuelled as and
when it shows signs of flagging and more importantly, they have lulled us
into an apathetical state so that we have gone into an opium-like stupor that
takes us far from reality and dulls cognizance of the looming danger.
What form this cure should take is a point that generates much
drawing room discussion these days. I am disinclined (rather reluctantly) to
support those that advocate use of street power to force a change, for this
carries the possibility of spinning out of control. In my reckoning, the best
revolution is through the power of the ballot. If we follow the pattern of
voting in the last six decades of our existence we find the turn-out figures
fluctuating between 30 to 40 percent. It must be understood that change will
only be initiated if the vast majority that stays away from polling stations,
796

turns out and exercises its right of franchise. This majority in so doing, will
go down in history as deliverers and earn the eternal gratitude of fellow
countrymen. (S Tariq, TheNation 1st June)
10pc reality, 90pc fantasy: It had to be 10 percent budget and 90
percent drama a drama with an internal and an external dimension.
Internally, the government is left with only two resources: printing of notes
and borrowing from banks. The external financial oxygen is barely enough
to keep the patient on life-support. Foreign direct investment is down to a
trickle and the American controlled IMF-ADB combine has turned its tap
off.
A hundred and eighty million Pakistanis stand indebted to some seven
million expatriates who are sending back slightly more than a billion dollars
a month and are keeping Pakistan from defaulting on its external account.
According to the latest Economic Survey, the Pakistan Peoples Party (PPP)led government managed to miss all its economic targets except containing
inflation.
The Budget 2007-08 was also an election budget 10 percent reality,
90 percent fantasy. Musharraf was dying to win but in came the PPP with a
bang. The PPP had its honeymoon year to reform-tax reforms, expenditure
control, power sector reforms and Public Sector Enterprises reform. But, the
PPP either had no intent or lacked capability. Instead, the PPP did two
things: printed notes to the tune of Rs3 trillion and doubled Pakistans public
debt from Rs6 trillion in 2008 to Rs12 trillion. As a consequence, atta went
from Rs13/kg to Rs38/kg and milk from Rs25 a liter to Rs75 a liter, an
increase of 200 percent in both the items.
Heres the reality part of the budget: Rs1 trillion in debt servicing,
losses amounting to Rs400 billion in the power sector, additional billions
into other public sector enterprises, Rs70 billion for the Benazir Income
Support Programme (BISP) and Rs545 billion for defence expenditure.
Heres the fantasy part of the budget: fiscal deficit 4.7 percent of GDP,
inflation 9.5 percent, economic growth of 4.5 percent, external resources of
Rs500 billion. The other three billion-rupee fantasies that were part of
Budget 2011-12 and will probably be part of Budget 2012-13 as well are:
Rs100 billion from Etisalat, Rs100 billion from the auction of 3G licenses
and Rs100 billion from Coalition Support Fund (CSF).
For 180 million Pakistanis who dont want to get into the nitty-gritty
of budgetary estimates the only figure that would have a direct impact on
everyones life is the budgetary deficit. One can literally forget every other
797

figure and just focus on the budgetary deficit which the government itself is
projecting at over Rs1 trillion (although the 10-month deficit during the
current fiscal stands at Rs1.48 trillion). To finance the deficit, the
government has three options: to print, to borrow from domestic banks or to
beg from foreign donors. If the government prints money, every Pakistani is
going to be hit by inflation. If the government borrows from banks, the
banks wont be left with much to lend to the private sector (therefore, more
unemployment). In essence, begging from foreigners will be the best but
then who is lending and at what cost?
The Budget 2012-13 may only be 10 percent reality but the
government firmly believes in looking reality straight in the eye and
denying it. To be certain, the kingdoms of fantasy are long lasting.
(Farrukh Saleem, The News 2nd June)
Getting out of the black hole: Pakistan is a black hole for American
aid, said Gary L Ackerman during a House Foreign Affairs Sub-Committee
hearing, recently: Our tax dollars go in. Our diplomats go in, sometimes.
Our hopes go in. Our prayers go in. Nothing good ever comes out. During
the past decade, he added: We have sunk $24 billion in foreign assistance
into Pakistan. It is hard to fathom how so much money can buy so little.
Here, Ackerman has unwittingly used the right language. All this
money was meant to buy support. This comes quite close to bribing a
nation, on a large scale. Ackerman, I am sure, knows well that almost 50
percent of this aid goes back to the USA one way or the other through
contracts, consultations and underhand dealings. And how much the
trumpeted Kerry-Lugar-Burman Act has actually yielded? Not even half of it
doled out in driblets, to the chosen state and non-state operators.
As for calling Pakistan a black hole which keeps swallowing
everything that comes its way, one may also look at the way billions of loans
(in four years doubled) have disappeared literally sucked in! The
governments own latest Economic Survey says it all. Some headlines in
yesterdays papers: Government misses all targets, trade deficit up by 14.5
percent, inflation 10.8 percent, current account deficit $3.39 billion, power
crisis mounting by the minute, GDP growth 3.7 percent against the target of
4.2 percent. Strange that Rs1.2 trillion are stated to have been injected into
the power sector, while the load shedding crisis has deepened with violent
protest held almost all over the country.
Foreign direct investment already very low has dwindled by 48.3
percent. The Finance Minister admitted that the power crisis was causing a
798

loss of 2 percent of GDP annually. The survey is mum about the billions
being spent on the war on terror and a reference to the increase in the
poverty figures is altogether missing. Mention may also be made of the steep
fall in the value of the Pakistani rupee, which is selling for Rs94 to a US
dollar.
The energy debate does not just hit the economy and makes the
already stressed lives of the people more miserable, it also feeds into
unending terrorism that takes its own toll day after day. The Washington Post
May 31 report thus quotes Sherani a well known Pakistani economist:
The energy crisis is a fertile breeding ground for extremism and insurgency
against the state. You see huge demonstrations, the people are jobless and
the businesses have shut down so that is like playing into the hands of
extremists. It is serving their cause.
One may well wonder what would have the Islamabad rulers done to
this luckless country if the Supreme Court had not become independent and
proactive. And if the media had not exposed the shenanigans of our powerwielders! Just look how they have messed up the law and order in
Balochistan and Karachi where all power has remained concentrated in the
PPP coalition governments. Sans sense of loss (Ehsas-e-Zia, as Iqbal puts it)
and without any sense of shame targeted killings go on and on and nobody
resigns
Zardari, with all his tainted past and low ratings in Pakistan and
abroad, has played his cards most shrewdly and despite the wrongs
emanating from him, he deserves credit for managing to carry on and keep
himself and his governments afloat.
A plethora of deep-set problems and formidable challenges stare at
our benighted country While each of these national issues need to be
addressed expeditiously, in my view, the most urgent of these is the
resolution of our widening differences with the USA. (Ikramullah ,
TheNation 2nd June)
The budget lies and deceit; tabulated and documented: The
finance ministers Fridays budget speech and the figures he quoted in the
budget documents are full of lies, misstatement of facts, deceit and false
promises. A comparison of what is said and written in these budget
documents with the facts of the past, gives an impression that no effort was
made at all to improve the economic health of the nation but instead it was
deliberately allowed to go from bad to worse.

799

Respected economists like Dr Shahid Siddiqi even go to the extent of


saying as a quid pro quo to the guarantors of the NRO, Washington and the
UK, the countrys economy was deliberately ruined. Today the countrys
security and sovereignty is at risk because of our awfully mismanaged
economy, Siddiqi said. While comparing the past statistics with the just
presented ones, Siddiqi worked out for The News the following list of lies,
misstatements of facts, deceits and false promises (abridged):
Finance minister shifted the blame on Musharraf regime for the bad
performance of Gilani government in the economic front.
Gross reserves declined from $16 billion to $6 billion During the
initial six months of the present regime flight of capital was criminally
allowed with all the authorities concerned turning their blind eye to
this attack on Pakistans economy.
Karachi KSE-100 index dropped by one third, prompting exchange
authorities to closedown the market, claimed the finance minister.
Facts are that the Stock Exchange crisis started in April 2008; one
month after the present regime took over, and continued till Jan 2009.
According to Siddiqi it was an engineered crisis involving top rulers
of the country.
The minister said: Within months, the rupee had depreciated from
sixties to the eighties. The fact, however, is This is also a fact
thatSaukat Tareen was on the record to have accused the banks to
have manipulated to get the Pak rupee devalued. Siddiqi believes that
it was all done on governments conspiratorial wink to get the country
into the trap of IMF.
The budget documents claim that the growth rate is on rise during the
last four years of the present regime. However, the fact is otherwise
but the figures were distorted to make the things look like as they suit
the present regime.
This years economic survey does not include the chapter on war on
terror apparently to hide from the people of Pakistan that the cost of
war on terror has possible risen to $85 billion.
Poverty is feared to have crossed all limitsthe government during
the last four years have stopped issuing poverty figures the practice
that has been a regular feature in the past.

800

The budget claims that the inflation is on declinebut the economic


surveyshows the inflation to have risen from 11.7 percent in 2010
to 13.9 percent in 2011.
The government claims that it has succeeded achieving macro
economic stabilization but in actual the estimates of budget deficit in
the last four years have exceeded 50 percent of what was announced
in the budget speeches and documents.
While the finance ministers emphasis was on what we inherited to
cover up the failings of this regime and his own, his predecessor
Shaukat Tareen and the then Governor State Bank Shamshad Akhtar
in November 2008 had told the IMF in writing that Musharraf
regimes economic performance was impressive.
The government claims that the extraordinary hike in petrol prices in
Pakistan is due to the escalating international oil prices. However, the
fact remains that while the international oil price was almost the same
as it is today; but in February 2008 the petrol prices in Pakistan were
almost half than what they are today.
On September 9, 2008 when President Asif Ali Zardari took over as a
head of the state, he stated under no circumstances Pakistan would go
to the IMF and that the government would tighten its belt. But on
September 26, 2008Condoleezza Rice stated that Washington
would ask international financial institutions to give loan to Pakistan.
British foreign minister on the same occasion (September 2008)
unveiled the real facts by stating that Friends of Pakistan have
concluded a deal according to which the FoP would arrange loan for
GoP from IMF and in lieu thereof Pakistan would fight the war on
terror inside Pakistan as a partner to US-Britain led FoP.
In September 2008 the prime minister as well as his cabinet members
assured the people of Pakistan that Pakistan would get funds from the
Friends of Pakistan, but in actual they got nothing but a loan of $7.6
billion from the IMF. However, the foreign capitals were clear that
nothing in cash would be given to the government of Pakistan.
In 2009-10 the prime minister announced that till the end of load
shedding, the tariff rates would not be increased but the same have
been more than doubled as yet.

801

After 2009 floods, the prime minister and foreign minister announced
in a UN meeting that the floods incurred a loss of $43 billion but later
it was found to be less than $10 billion, thus leaving no credibility for
the regime which was given peanuts in cash because of its bad repute
and corruption. (Ansar Abbasi, The News 3rd June)
Zero: The PPP government courtesy Musharrafs last year plus
four years of its own circus now has zero fiscal space. Naturally, under the
Doctrine of necessity, Budget 2012-13 had to be 10 percent reality and 90
percent fantasy there was just no other way. The entire revenue stream is
just about enough to pay for a total of three expenses debt servicing, losses
at public sector entities (including the power sector) and defence. There is
just no fiscal space left for anything else. Remember; this was the very first
time that an elected civilian Pakistani government used the doctrine
originally coined by our military dictators.
Heres the budget made simple: Government revenue=Rs350.
Provincial share=Rs150. Less debt servicing=Rs100. Less losses at
government-owned entities=Rs50. Less defence=Rs50. Balance left=Rs0.
Now with that zero we are going to fund a thousand other expenses
including Rs873 billion under the Public Sector Development Programme
(PSDP), Rs70 billion for the Benazir Income Support Programme (BISP),
water, power, a million dollar donation to the dargah of Khwaja Moinuddin
Chishti, a multi-billion rupee cabinet division, an army of five dozen,
additional billions to the HEC plus maintenance of the presidential palace,
the prime ministers secretariat and the occupants frequent supersonic
junkets to the North Pole (just because it lies diametrically opposite the
South Pole).
Hats off to our budget drafters; zero has never before in the entire
human history been such a powerful numerical digit. After all, it was our
very own Abdullah Mohammad ibn Musa al-Khwarizmi, the Muslim
mathematician, astronomer and geographer, three in one, who was the first
human to explain the power of zero. I have my doubts; however, that even
al-Khwarizmi knew the real power of zero.
With that same zero the government is going to provide employment
to 100,000 unemployed Pakistanis and raise the salary and pensions of a
million other Pakistanis by a whopping 20 percent. Sakib Sherani, my
friend, a respected economist and a former advisor to the Ministry of
Finance, eloquently calls the entire exercise an innocent fraud. But now
and then an innocent man is sent to the legislature.
802

Budget 2011-12 projected receipts of Rs100 billion from Etisalat. We


got zero. Budget 2011-12 projected receipts of Rs100 billion from the
Coalition Support Fund (CSF). We got zero. Budget 2011-12 projected
receipts of Rs100 billion from the auction of 3G licenses. We got zero.
Budget 2011-12 projected receipts of Rs40 billion from Eurobonds. We got
zero. To be sure, Budget 2012-13 also has similar fantasies. Someone wise
once said that to be matter of fact about the budget is to blunder into
fantasy.
Zero, I thought, was zilch, nil, nix, null, zip, nada and nought but
many a zero thinks it is the ellipse on which the Earth revolves. (Dr Farrukh
Saleem, The News 3rd June)

Provincial disharmony
Divisive and pernicious: President Asif Zardari sent a reference to
the Speaker of the National Assembly on Thursday advising her to constitute
a commission to go into the details of creating two new provinces out of
Punjab namely, Multan and Bahawalpur Even if we put aside for a while
the motives of originators of the idea of creating new provinces, it does not
make sense for a country that is virtually penniless even to think of
undertaking a venture that would entail additional expense, which the
running of the new federating units would inevitably call for. Pakistan mired
into debt and deep economic troubles, should be devising ways and means to
economize in every conceivable sphere. Even if, for certain compelling
reasons it was considered desirable to divide Punjab into smaller units, the
move could be put off for better times in the future. The PPP might like to
include this project in its election manifesto, but must not proceed in haste to
implement it. The present government should leave it to its successor that
would come into power after the forthcoming general elections to take stock
of the situation and decide. But financial constraints are just one aspect.
Another, perhaps more weighty argument against any division of the
country, is the reality that at this juncture the Pakistani society is,
unfortunately, rent by parochial sentiments to the neglect of wider national
interests. Any attempt at sub-dividing the country would carry the
foreboding of further dissensions, which might be too strong to repair. It
would be highly pernicious. The leadership ought to be occupied in finding
ways to evolve the mindset that sheds petty local interests if they tend to
impede the realization of the overall national benefits; for ultimately all and
sundry in the country would benefit. That is also the message of the Quaid
when he counseled unity, discipline and faith.

803

One cannot ignore certain clear signs suggesting that the motives
behind the idea of new governing units are suspect. If the intention is to
break the hold of PML-N in the biggest province of the country, the PPP
should not be surprised as well to accost the Jinnahpur challenge later on and
the ANP the Hazara demand. They had better not open the Pandoras Box.
(Editorial, TheNation 2nd June)

Turf war in Karachi


The divide: All that a four-member ministerial committee of the PPP,
constituted by Prime Minister Yousuf Raza Gilani, has been able to come up
with to explain the causes of the deteriorating situation in Sindh, particularly
Karachi, is that Punjab Chief Minister Shahbaz Sharif is behind a conspiracy
to divide Sindh and the movement for a separate province for Urdu-speaking
people is his brainchild. Is this all the government can do point fingers at
political rivals when the issue at hand is truly divisive, has already led to
bloodshed and is increasingly threatening to unleash more violence on an
already blood-soaked Karachi? In the past too, Interior Minister Rehman
Malik has named the PML-N as the force behind the burgeoning movement
for a Mohajir province, even though there is no evidence to support this
claim and despite the fact that thus far, all suspicions rest on the MQM. On
its part, the MQM hasnt done much except issue half-hearted statements
to convince anyone to the contrary. Indeed, while the MQM has repeatedly
said it does not want a division of Sindh and supported a resolution in the
Sindh Assembly denouncing the calls to divide Sindh, it has not been
explicit in rejecting the demand for Karachi as a separate province.
Altaf Hussain, talking to the members of the committee who visited
Nine Zero on Monday, said the MQM did not want Sindh divided; however,
he did not go one step ahead and completely reject the calls for a new
province. What are the Sindhi nationalists supposed to think given that the
MQM has actually introduced bills calling for the creation of new provinces
in Punjab and Khyber Pakhtunkhwa? Why would they not think the MQM
was behind the Mohajir province movement also, given that the MQM
would be the largest beneficiary of such a division? But lets also not forget
that the PPP too has much blame to share in the controversy. A call to carve
a province out of Sindh was inevitable after the centres push to create the
Seraiki province out of Punjab. At this point, rhetoric along the lines of
Sindh belongs to everyone will no longer assist in solving problems or help
avoid bloodshed. What is needed are decisive action through which the
MQM and other forces reassure each other that they will not support projects

804

expressly inimical to the other. Boundaries are not sacrosanct but they also
cannot be divided on the basis of a desire to marginalize political rivals.
Karachi is Pakistans multicultural petri dish. Its diversity must be protected,
not sacrificed at the altar of power politics. (Editorial, The News 30th May)
A state of lawlessness: There would hardly be a day when the
newspaper reader would not come across the sorry tales of target killings,
sectarian murders and of dead bodies dumped in gunny bags or simply lying
on the road to putrefy and, of course, mysterious disappearances. While
there are certain places usually associated with these incidents, crimes of all
kinds also keep occurring all over the country. People get killed or wounded
every day in defending their properties against the trigger-happy thieves and
robbers and lose their lives savings in the process. Stories of bank heists
causing loss of millions, holdups for vehicle lifting and an unaccounted for
number of cell phone and purse snatchings form part of the daily fare of the
reader. Status in society is no bar to falling victim to these crimes. The rich,
in particular, fall in danger of getting abducted for ransom. This list of
crimes or disregard of law is by no means complete
Nine persons fell to the bullets of the target killers in Karachi on
Monday alone. The massacre of fellow Karachiites has become so common
that they do not even feel shocked; only the bereaved are left to wail. And to
be honest, the Karachiites are not impressed by the rulers rhetoric of
demanding immediate and condign punishment to the offenders. Thus,
President Zardaris displeasure at the working of the law enforcement
agencies in the context of Mondays bloody events does not provide any
comfort, neither to the friends and relatives of victims, nor other Pakistanis.
At Parachinar, a passenger bus was stopped, and the criminals mowed down
four persons of a religious party and wounded nine others. In Balochistan,
the unfortunate province known for disappearances and the discovery of
tortured bodies, Monday was particularly frightful. Attack on a police van
killed two, seven lost their lives in other incidents and three bodies were
found in gunny bags. A drone attack left four dead in North Waziristan,
bringing the fatalities this year to 90.
No doubt, crimes are a part of modern life but when they go
unpunished, as in this country, they flourish. The rulers must remember that
security of life and property is the first requirement they are supposed to
fulfill. If the resources already available are put to proper use the situation is
bound to change. (Editorial, TheNation 30th May)

805

REVIEW
Aitzaz, while addressing media at his residence in Lahore, said there
was no need for filing intra-court appeal against conviction of Gilani
despite the fact he had identified and noted down nearly two hundred flaws
in the detailed judgment of the Supreme Court. He argued, with his unusual
Jiyala zeal and enthusiasm that the appeal wasnt needed though Gilani had
been found guilty and sentenced by the highest court of the country.
According to his typical logic, Gilani was still the constitutional Prime
Minister of Pakistan. Zafar Ali Shah of PML-N during an Express TV
programme anchored by Javed Chaudhry while commenting on this logic
said it was like having a stomach-full of lunch during Ramazan and then
declaring: Rest assure! Im fasting. Shah missed quoting a better example.
A Jiyali liker Aitzaz Ahsan had contested the gang rape case of
Mukhtaran Mai and that case too he had spared time on humanitarian
grounds and assisted without receiving any fee. As a result, he along with
two ladies received lot of publicity internationally. Of late, the Supreme
Court has set aside the prosecution case and upheld the appeal of the
defendants.
Based on the latest ruling of the apex court, one could expect Aitzaz
taking a somersault by making a unique claim that Mukhtaran is still a
virgin. As the court has ruled that no gang rape was committed, so her
chastity cannot be questioned. But, one should rest assured that even without
this verdict Aitzaz is capable of arduing on the issue for hours.
The gravity of the energy crisis with which Pakistan had been
afflicted in general and Punjab in particular, both the Scoundrel and the Saint
were not bothered at all. This was quite evident from Prime Ministers
bullshit talk in the meeting of Private Power Infrastructure Board in which
he covered almost every conceivable aspect of energy crisis and ways to
overcome this, but quoted no practical step that his government had taken.
He even mentioned his meeting with Vladmir Putin on the sidelines of
SCO and his forthcoming visit to Pakistan. He also talked about IranPakistan gas pipeline project, CASA-1000 and TAPI. Except for the stooges
present in the meeting, nobody across the country was impressed, especially
those who were protesting and crying because of power outages.
The Turnip Brothers from Raiwind Farms took four years to
understand that the Scoundrel has exacted democratic revenge from more
than hundred million Punjabis. They have now started talking about this, but
806

still remain quiet over their role in facilitating the exacting of revenge in the
hope that the Big Turnip would become Prime Minister of Pakistan for the
third time.
There is still a long way to go, but they have started feeling Takht-eLahore slipping under their feet. The threat is two-pronged. Imran Khans
PTI is posing direct threat to the CM House in Lahore, while indirect threat
aims at splitting Punjab; taking away major chunk of the cake and eat it too.
In words of Munir Niazi, they have been always late in realizing as to what
has happened to them in pursuit of defending the system.
The Scoundrel and the Saint are relishing the fruits of democracy
protected vehemently by security guards from Jati Umra. On 1st June, the
beauty of democracy was in full display in National Assembly where it
staged a cat-walk under direct supervision of Dr Fehmida Mirza.
While the cat walk was being staged by Hafeez Shaikh under full
protection of Jiyalas like Raja Rental, a ferocious cat-brawl was on in the
background. When the show was over, the Leader of the House had cynical
smile on his face rather than the one synonymous to spontaneous expression
of joy over victory of democracy. It had to be that way, a cynical smile was
quite befitting for the face of a convict, though he happened to be the Chief
Executive of the Islamic Republic of Pakistan.
4th June, 2010

IN THE REGION-IX
In the wake of Chicago summit and Dr Shakeel Afridis conviction
Pakistan was subjected to rapid rate of decisions to cut US aid and stoppage
of payments which were due since long. At the same time Dr Afridi was
moving fast towards gaining the status Raymond Davis and diplomatic
immunity.
With equally rapid rate intruded the US drones into Pakistan attacking
targets at will and no civil or military leader said a word more than what
they had been saying for so many years. Yet, the Americans kept expressing
optimism about resumption of NATO supplies through Pakistan.
In the context of Afghanistan and Iran there was noticeable silence on
diplomatic front after Chicago summit and Baghdad talks. Indian and
Pakistan continued blowing hot in the form of missile-testing and blowing
cold in the context of bilateral trade and troops deployment in Siachen. A
red-capper from KPK, however, floated an idea of confederation with India.

807

NEWS
Pakistan: On 28th May, at least fourteen people were killed and five
others injured in three separate US drone attacks in different areas of the
North Waziristan. The first attack was carried out in Hassukhel village of
Mir Ali subdivision and targeted a house. The drone first fired two missiles
at the house and killed four people and injured five others. Those living in an
adjacent house panicked after the strikes and started fleeing towards the
nearby fields. The drones then started firing missiles at them and targeted
everyone running in the fields.
Five more people were killed when a drone fired two missiles at a car
and a house in Deegan village of Dattakhel area. All those traveling in the
car were killed in the attack. A nearby house was also damaged in the attack,
but its inmates remained safe. Third drone attack was carried out late at
night.
Dozens of militants attacked the police station and Frontier
Constabulary (FC) fort in Mulazai, some 30 kilometres away from Tank.
The attack took place well past midnight in which the building of the police
station was damaged. A woman was injured after being hit by a stray bullet.
Chasing the militants, the vehicle of the DSP was hit by an explosive device
planted by the militants; two constables were injured.
Prime Minister Gilani, while talking to Hamid Mir regarding the issue
of Salala apology and resumption of NATO supply, said the blood of the
Pakistani soldiers was not so cheap, adding that negotiations with the US
were going on and in accordance with the recommendations of parliament.
He went on to argue that an apology wont bring back our soldiers and thats
why I had never demand it.
Next day, jetfighters shelled the positions of militants in Sra Naka,
Darra Adokhel and other adjoining areas, killing nine militants in upper
Orakzai Agency; 14 militants were injured and three of their hideouts were
destroyed in the action. However, a militant commander said no militant was
killed in the shelling.
Five persons were killed and three injured when jetfighters pounded
the suspected positions of militants in different areas of Tirah Valley in
Khyber Agency. Locals said two jetfighters came from the side of Orakzai
Agency and pounded the house of one Amir Jan in Spindand area, killing

808

Amir Jan, his daughter-in-law and his son. The nearby mosque was also
destroyed.
The five-page detailed judgment by Assistant Political Agent (APA)
Nasir Khan of Khyber Agency pointed out that his court could not take into
account the evidence obtained by the Joint Investigation Team (JIT)
regarding the involvement of the accused in acts associating him with
foreign intelligence agencies due to lack of jurisdiction.
Though the verdict didnt elaborated this point, it was obvious that it
meant the charges against Dr Shakeel Afridi for working as a CIA informer
and running the fake anti-polio vaccination campaign in Abbottabad for
obtaining DNA samples from members of the Osama bin Laden family. This
could mean trying him in another court in a district instead of the tribal areas
and possibly in Abbottabad for these serious charges.
The punishment given to Dr Shakil Afridi is on the basis of his
conviction for maintaining close links with the outlawed militant group,
Lashkar-e-Islam (LI) led by Mangal Bagh and operating in Bara and Tirah
Valley. He was charged with providing financial assistance to LI and treating
its injured fighters. He was also charged with facilitating the LI attacks
against the security forces. The order said the LI was waging war against the
state of Pakistan and it had publicly slaughtered government officials and
supporters, launched attacks on convoys of law-enforcement agencies and
check points.
Explaining Dr Shakeel Afridis links with the LI, the order said the
JIT in its report maintained that he gave Rs2 million to the banned militant
group while serving at the Tehsil Headquarters Hospital, Dogra, in Bara area
and provided medical assistance there to the LIs commanders Said Noor
Malikdinkhel, Hazrat from the Sepah tribe, Wahid from the Shalobar
Qambarkhel tribe and others. The order said the accused was found guilty on
all four counts and sentenced to 33 years imprisonment and fined
Rs320,000.
NGO The Access to Justice Through Legal Aid and Welfare
Organization Peshawar named a panel of lawyers to defend Dr Shakil Afridi
in his appeal against his conviction. The lawyers panel included Shaukat
Ghulam, Sartaj Ahmed, Fazal Shah, Ahmad Yar and Saifullah.
On 30th May, a suspected Taliban commander and three brothers were
killed in an exchange of fire over a monetary dispute in Badra area in
Mansehra. The Taliban was identified as Mohammad Arshad alias, who
along with his two accomplices had stormed the house of Mohammad
809

Jamshed and fired at him and his brothers. Meanwhile, the number of
destroyed educational institutions in Mohmand Agency reached 96 as the
militants blew up two more government schools in the tribal region.
A conservative senator called for the United States to suspend all aid
to Pakistan and grant citizenship to a doctor who was jailed for helping hunt
down Osama bin Laden. The US Constitution under Article 1 gives
Congress the right to set a uniform rule of naturalization, but it is unusual
in modern times for lawmakers to consider citizenship for individuals other
than honorary titles.
Next day, the Mangal Bagh-led militant organization Lashkar-e-Islam
rejected reports about links with alleged CIA operative Dr Shakil Afridi and
added that he was on the outfits hit-list for his role in helping the US kill
former al-Qaeda chief. LI claimed that the group had expelled the convicted
doctor from the tribal region for conducting fake surgeries on patients four
years ago.
In 2008, following complaints from locals to LI against the two
doctors, the case was referred to a committee of doctors constituted by the
banned organization. The committee declared that the two doctors lacked the
requisite qualification to perform surgical operations as they only held
simple MBBS degrees. Consequently it slapped Rs1 and Rs0.6 million fines
on Dr Afridi and Dr Nusrat respectively. Dr Afridi ran away from Bara to
avoid paying the fine imposed on him.
On 1st June, Dr Shakeel Afridi challenged his conviction in the court
of Commissioner Frontier Crimes Regulation (FCR) through a panel of
tribal lawyers including Samiullah Afridi, Ijaz Mohmand, Qamar Nadeem
Afridi, Sartaj Ahmad and Raza Khan Safi.
Samiullah Afridi told that the appeal was filed through Dr Afridis
brother Jamil Afridi as the authorities at the Peshawar Central Prison have
neither attested the lawyers power of attorney nor allowed anyone to meet
him. The appellant prayed to the court of the Commissioner FCR to accept
the appeal against the APAs conviction order passed on May 23 and acquit
him.
Next day, at least five people were killed and three injured in US
drone attack at a house located in Tehsil Barmal of South Waziristan Agency.
The house was completely razed to the ground. Meanwhile, security forces
an operation near Tank and apprehended a number of suspects and
miscreants. A cache of arms, ammunition and IED making material were
recovered.
810

At least 20 militants were killed when jet fighters blitzed the hideouts
of the outlawed Tehrik-e-Taliban Pakistan (TTP) in Sra Villa area of Tirah
valley in Khyber Agency. Jet fighters targeted a mosque which the militants
had turned into their headquarters. It was feared that seven people belonging
to Kukikhel Afridi tribe held by the militants and shifted to the mosque were
among the dead.
Separately, three militants and a volunteer of the pro-government
Kukikhel Amn Lashkar were killed in the fighting in Sra Villa area of Tirah
Valley. Two volunteers of the peace lashkar were wounded in the clashes.
The TTP was trying to forcefully establish its bases in the Kukikhel area.
On 3rd June, ten suspected local militants were killed when US drones
struck a house and a car in Wocha Dana village, Birmal subdivision, near
Wana, South Waziristan. The attack took place when tribesmen and militants
had gathered at the house of senior Taliban commander, Malang, to offer
condolences on the death of his brother.
Commander Malang came out of his home along with another local
Taliban commander Ghulam Jan to see him off and they were walking
towards a car when the drone fired two missiles at them. Both the Taliban
commanders were reported to have suffered critical injuries in the attack and
were taken to a hospital in Wana.

Afghanistan: On 30th May, it was claimed that Afghan and the


NATO-led troops during a combine operation backed by airpower killed 22
Taliban fighters including 18 foreigners in Khost province; the operation
was conducted on May 28. There were militants from Pakistan, Uzbekistan
and Chechen among the foreign insurgents killed during the operation.
Next day, car bomb and a separate blast at a check post in Afghanistan
killed at least seven policemen. In the first attack a suicide bomber rammed
a police check post killing at least five policemen and wounding six others
in the province of Kandahar. In the second incident, an explosion at a police
check post in the capital of Nangarhar Province killed at least two
policemen.
On 1st June, a suicide truck bomber attacked a US-run base, sparking
clashes that killed up to 14 people in eastern Afghanistan near the Pakistani
border. ISAF said none of its personnel was killed in the attack in Khost
Province. Taliban claimed responsibility for the attack, but the precise details
of what happened remained murky. Next day, a British soldier was shot dead

811

while on patrol in Helmand Province, becoming the 416 th Brit to be killed


since 2001.

Iran: On 30th May, the UN nuclear watchdog showed new satellite


imagery indicating that Iran may be cleaning a site where inspectors suspect
it has carried out tests relevant to developing atomic bombs, participants at a
closed-door briefing said. One official said a May 25 image showed ground
scraping activities at the Parchin military site. Another envoy said one
building also appeared to have been removed from the site, compared with
earlier images of the same place.
Meanwhile, the US ambassador to Israel said the window for dialogue
over Iran's nuclear programme is closing, insisting Washington holds no
illusions over Tehran's agenda at the talks. Ambassador Dan Shapiro insisted
Washington would not continue such dialogue forever. We have no illusions
that Iran may be using this to buy time, he said.
Iran's enrichment of uranium to 20 percent is our right and is not a
step towards a bomb, President Ahmadinejad said in an interview. The
enrichment activity, which world powers are trying to curb in fraught talks
with Iran, is one of our rights in terms of international law, Ahmadinejad
said. He added that world powers and the UN nuclear watchdog should
provide us with uranium at 20 percent enrichment level, but so far they have
not done so.
On 1st June, Foreign Minister of Iran Dr Ali Akbar Salehi called on
President Zardari at Bilawal House and extended invitation to the president
to participate in the 16th NAM Summit to be held in Tehran in August. PakIran bilateral relations, mutual cooperation and the issues of shared concern
were discussed besides the upcoming NAM Summit.

India: On 28th May, India made a surprise offer: to cater to the


entirety of Pakistans petroleum products by exporting 50 million tons of
POL products per annum. It has also offered to provide POL products at
much lower prices than that at which Pakistan imports them from the Gulf
market currently. In the first day of talks, India has expressed that it can
export furnace oil, petrol, diesel and jet fuel to Pakistan. The country has
also agreed to export petroleum products through every kind of
transportation, including pipeline, ships, tankers and railways.
Pakistan currently imports 110,000 tons petrol per month, 300,000
tons of diesel, and 600,000 tons of furnace oil. The country also imports 85
percent petroleum products to meet its energy requirements. The official said
812

both countries would hold talks tomorrow on the price of POL products and
other related issues.
Next say, the soldiers buried under snow slide in the Gyari Sector of
Siachen since April 7, were declared as Shuhada. This is being done with
mixed feelings of pride, grief and above all unflinching resolve to continue
all-out efforts to recover the bodies of all Shuhada, said an ISPR press
release. It added, nature and the magnitude of the calamity suggests no
probability of recovering any person alive. Separately, in another tragedy at
least two more soldiers were killed in land sliding in Chorbat sector of
Siachen Glacier.
Pakistan successfully test fired a short-range nuclear-capable ballistic
missile. The Hatf IX has a range of only 60 kilometres and can also carry
conventional warheads. It was the third time Pakistan has test fired a
ballistic missile since India last month launched its new long-range Agni V,
capable of hitting targets anywhere in China.
The two-day Pak-India dialogue on trade in petroleum goods ended in
Islamabad on a positive note with New Delhi offering to provide high
quality petrol (RON 91) at the reduced price of Rs5-6 per liter. Pakistan
currently imports motor spirit (petrol) Euro-1 standard (RON 87) from the
Gulf market. Pakistani experts would visit India in July to work out the
prices of various petroleum products. India is now joining the Euro-5
standards while Pakistan is trying to introduce Euro-2 POL products
On 31st May, Pakistan successfully conducted a tested an
indigenously-developed air-launched cruise missile, the Hatf VIII (Raad).
The Raad missile, with a range of over 350kms, enables Pakistan to achieve
strategic standoff capability on both land and at sea. A perennial feature of
the test was the effective employment of the National Command Authoritys
fully automated Strategic Command and Control Support System (SCCSS).
On 3rd June, the body of another Shaheed soldier (a major) was found at
Gyari sector of Siachen, bringing the total number of bodies recovered so far
to four.

VIEWS
Pakistan
Fair deal on NATO goods? American Defence Secretary Panetta has
called for a fair deal on the transit of NATO goods through Pakistan US is

813

reportedly offering the paltry sum of $250, instead. However, it is of interest


to note that NATO is spending $85 million per month, in addition to what it
would cost to take its supplies over to Afghanistan via the Central Asian
route. The exercise is not only time consuming, but also not without
attendant dangers as the region is infested with militants. Therefore, words
like gouge or extortion ill befit the circumstances and the balance of logic
is tilted in Pakistans favour.
It is unfortunate that at a time when relations between the US and
Pakistan are, arguably, at the lowest ebb ever, the American administration
should further aggravate them by deliberately increasing the frequency of
drone strikes. One wonders what message Washington is trying to give
Islamabad. After a brief hiatus, the frequency of their onslaught has
markedly increased over the past some weeks. And with it the number of the
dead and the wounded. The drones hardly ever succeed in hitting the target.
If all those who perish after the drone raid, or even a majority of them, were
terrorists, militancy would have been a thing of the past. In this manner,
drones prove counterproductive to the cause of wiping out militants, since
the attacks tend to the swell their ranks.
Mr Panettas plea that drone strikes are absolutely essential to fight
off al-Qaeda to ensure security of the US is also devoid of legal as well as
moral justification. For the people of Pakistan, this is a matter of great
sensitivity. In case the drones have the sanction of both the political and
military hierarchies in power in Pakistan, they should come clean and stop
hoodwinking the people with false protestations. Whether there has been any
complicity on the part of Pakistan in the drone affair or not, it should tell the
Americans in no uncertain terms that as a democratic government it has to
go by the public opinion, which is overwhelmingly against these deadly
forays and is aptly reflected in the Parliaments decisions. (Editorial,
TheNation 29th May)
Chicago and the aftermath: Theres scarcely a dull moment in USPakistan relations. The two countries are frequently at odds, and thats not
necessarily a bad thing. As Aristotle said: To get angry at the right things
and with the right people, and in the right way and at the right time and for
the right length of time is something to be commended. Loosely
understood, this means a certain degree of constructive tension is useful in
interstate relations as it is in personal relations. If nothing else, it prevents
either party taking the other for granted.

814

But even the right sort of anger that Aristotle had in mind can
degenerate into something mean and vicious if the parties involved act out of
spite or are uncaring of the hurt and humiliation they cause the other, and
that, sadly, is whats happening between Islamabad and Washington. A new
and complicating factor was Obamas decision to enter the Pakistan-US
dangal and snub Zardari by denying him a proper face-to-face meeting while
extending the courtesy to Karzai at the Chicago summit. The callow Obama
should have known that insulting a president amounts to insulting his nation.
(To claim that NATO and not Obama was the host in Chicago is splitting
hairs.)
Had Zardari taken offence and stomped off home like the Turkish
prime minister did in Davos when insulted by the Israeli president he
would have received a heros welcome on arrival. Alas, Zardari, being
Zardari, would not dream of taking such a bold step, which is, perhaps, why
Obama felt he could insult him in the first place. Clearly, the Americans
have the measure of our president.
Nevertheless, Obamas offensive behavior did not go unrequited,
retaliation was swift. Its no coincidence that Dr Shakil Afridis life sentence
was announced shortly thereafter. And if things go on in the same tit-for-tat
style adopted by the American Senate, which cut one million dollars from
the aid package for every year of Afridis 33 year sentence, a relationship
already in tatters may finally collapse. So what? Well, thats what many are
also asking as Americans and Pakistanis seem in the mood to bid the other
good riddance.
The bin Laden raid; the incessant drone attacks; Obamas bypassing
Pakistan on his visits to India and Afghanistan; abandoning his election
promise to help resolve the Kashmir dispute; inveigling India into
Afghanistan despite Pakistani misgivings; declaring India as a strategic ally
while depicting Pakistan as a state given up to terror and extremism, etc.,
were all moves greatly resented in Pakistan. However, the proverbial last
straw was when Obama refused a timely apology for Salala. For domestic
political reasons that may have been politic for Obama but to Pakistanis it
bordered on obscenity. Its a pity that the highly-cerebral Obama does not
link the intelligence he undoubtedly possesses with common sense, a
modicum of sensibility for the feelings of an indispensable partner and a
practical approach to solve problems. Anyway its too late now.
For Pakistan the Chicago moot was a watershed moment However,
where we went wrong was to attend the Chicago summit without any clear
815

resolution of either the supply route issue or the Salala incident and some
sort of an understanding on the drones. This showed a fundamental discord
between Pakistans tactical interests and the prescriptive means being
employed to attain them.
Hence, those policy strategists who suggested we accept the invitation
to Chicago should be called out because Zardaris presence at Chicago
permitted Obama to snub Pakistan publicly and to paint Pakistan as an
opportunistic ransom-seeking player in the Afghan situation. It lost us not
only the tactical initiative but also the high moral ground.
To reclaim the lost ground in the tactical realm we must refuse to back
down on the supply routes issue until Pakistans core demands are met. Or
else Husain Haqqanis depiction of the Pakistani establishment being mere
carpet-sellers who initially demand an exorbitant price but eventually settle
for a pittance will be proved right. Provided we stand firm the logic of the
situation should dawn on the Americans soon enough because there is no
logistically efficient way for the US to withdraw $40 billion worth of
equipment from the Afghan theatre without the use of the Pakistani supply
routes. The northern route is far more costly than what we are demanding as
levy and there may be other complications that the US would need to
consider.
Simultaneously, we must minimize all cooperative interactions with
the US until a clearer resolution can be attained regarding Pakistans
concerns vis-a-vis the Coalition Support Fund (CSF). Withholding moneys
owed and cleared for payment is dishonorable. The last time the Americans
acted in that manner and refused to deliver something for which they had
been paid, or return the money, involved the acquisition of the older-model
F16s in the 1980s. Even President Clinton, who had an explanation for just
about every predicament in which he was discovered, admitted to Benazir
Bhutto (1995) that on the matter of the F16s he was not only stumped for an
explanation but overwhelmed by embarrassment.
The two measures outlined above will enable us to send a clear
message that Pakistans cooperation can only be achieved on the basis of
reciprocity. And, furthermore, it will reinforce that only with Pakistans
cooperation can the level of violence in Afghanistan be brought down to an
acceptable level.
Washingtons interactions with Islamabad are victim to a fundamental
tactical and strategic dilemma. On the one hand, Washington needs
Islamabads tactical assistance in attaining a face-saving exit from
816

Afghanistan. On the other hand, Washington requires India to serve as a


strategic buffer against an emerging China. In other words, Washington is
attempting to balance tactical requirements vis-a-vis Afghanistan against the
strategic compulsions vis-a-vis China.
This fundamental dichotomy between the tactical and the strategic
realms will continue to haunt the Pakistan-US bilateral relationship and
thats really why the relationship is going nowhere To reiterate, faced with
the fact that US long-term interests lie squarely in aligning itself with India
both to prop up the latter against China as well as a market for medium- to
hi- tech American goods and services, we must calibrate our tactical policy
approaches in such a way that some kind of a harmonious balance can be
attained between our strategic interests and the tactical policies being
employed to attain those interests. Thats the prescription an unusually bright
scholar of Pakistan-US relations, Bilal Munshi, shared with me, and hes
right. (Zafar Hilaly, The News 29th May)
Will Afridi follow Davis? Shakeel Afridi has only gone through a
few months of incarceration. But voices of dissent have started creating
ripples all over.
Such is the overwhelming fear and awe regarding American might and
the United States intrusive capability that questions are being raised about
the timing of the order of conviction and the type of signals that it will
convey to the West.
As if the retreat on the supply routes issue was not enough, another
red line will soon be obliterated. And we have seen how the unanimous
verdict of parliament was ridiculed the prime minister saying that the
dead soldiers of Salala would not be born again by the US tendering an
apology. And this statement came in the wake of repeated government
pronouncements that a formal apology will have to be part of a deal to
reopen the routes.
What is not deliberately being projected before the people is that
Afridi, by agreeing to become a quisling and thereby engage in treason,
brought humiliation to the country.
Those in authority, however, feel otherwise. The fact that the case has
been tried under the FCR is very revealing A trial under FCR gives the
government any degree of manoeuvrability it needs. An appeal would go to
the commissioner and a further appeal or a review to a FATA tribunal. These
institutions are easy to manipulate. Therefore, should the pressure become

817

unbearable, as indeed it could, escape routes are open to an ever pliant


dispensation.
It will not be surprising therefore to see Afridi and his family follow
Raymond Davis to the United States. If that happens and the doctor is
allowed to go, in the supreme national interest, no one should be surprised.
Such things have been happening for six-and-a-half decades, so why should
there be an exception now?
The troubling thought is that such sellouts have not paid and will not
in the future. The rules of the game in the harsh international climate of
inter-state relations are rooted in more fundamental considerations of
enduring and lasting interests or gains. Further, it is obvious to many people,
in the country and abroad, that Pakistanis do not wish to refer back to
instances of sacrifices or accommodations in the formulation of policies.
Policies are changed at the drop of a hat after midnight telephone calls
But safeguarding national interest and national pride in the face of
wholly ridiculous demands and not surrendering every step of the way is not
confrontation. A nation of 180 million should not fall by the wayside at the
slightest threat of retaliatory consequences. (Rustam Shah Mohmand, The
News 29th May)
A ruse to find bin Laden could hurt global health: As an
intelligence operation, it must have seemed like genius: Recruit a Pakistani
doctor to collect blood samples that could identify Osama bin Ladens
family, under cover of an ongoing vaccination programme. But as an ethical
matter, it was something else.
The CIAs vaccination gambit put at risk something very precious
the integrity of public health programmes in Pakistan and around the globe.
It also added to the dangers facing nongovernmental organizations (NGOs)
in a world thats increasingly hostile to US aid organizations
US officials shouldnt treat the Afridi case simply as outrageous
behaviour by Pakistan. Heres the painful truth: Some people may die
because they dont get vaccinations, suspecting that immunization is part of
a CIA plot. The rate of polio infection is rising in Pakistan, Afghanistan and
Nigeria, in part because people believe conspiracy theories about
vaccination. If the spread cant be reversed in these three countries, warns a
recent World Health Organization report, polio eradication will fail.
Among the organizations concerned is Save the Children, the biggest
foreign-aid agency in Pakistan. According to the New York Times, Afridi
818

told Pakistani authorities he was first contacted by the CIA through Save the
Children, a claim that the organization denies
The potential danger for health workers was outlined in a Feb 21 letter
to CIA Director David Petraeus from Samuel A. Worthington, the president
of an alliance of 200 NGOs that operate abroad. He warned: Since reports
of the CIA campaign first surfaced last summer, we have seen a continued
erosion of US NGOs ability to deliver critical humanitarian programmes in
Pakistan as well as an up tick in targeted violence against humanitarian
workers. I fear the CIAs activities in Pakistan and the perception that US
NGOs have ties with intelligence efforts may have contributed to these
alarming developments.
CIA spokesman Preston Golson, queried for this article, said he
couldnt comment on any possible operational activity. But he noted: The
agency is receptive to the views of the NGO community, and met with
community representatives for a full and frank exchange on their concerns.
The Afridi case is an example of what the CIA calls cover for action. The
doctor was running a real vaccination programme that gave him a reason to
visit the areas where al-Qaeda operatives were hiding.
Though Afridi never obtained bin Ladens DNA sample, he did
inadvertently confirm that the courier residing at the Abbottabad compound
practiced extraordinary operational security, which was important
intelligence. After bin Laden was killed, the doctor was offered options to
leave Pakistan with his family, but he decided to stay, according to the US
official.
There must have been a better, more ethical, way, writes Heidi
Larson, a public health researcher at Londons School of Hygiene and
Tropical Medicine, in a comment posted Sunday on the Guardians Web site.
This choice of action has jeopardized peoples trust in vaccines.
Intelligence operations, by definition, operate in a gray area where the
normal legal and ethical rules get fuzzy. But this case makes me wonder if
some intelligence tactics, such as using health workers overseas, should be
off-limits: If the operations are blown, the consequences will be too
damaging, in unintended ways, to innocent people. (David Ignatius for
Washington Post, reprinted in TheNation 31st May)
Shakeel Afridi and Mangal Bagh: The provincial government fears
he could be killed by the militants being held at the Peshawar Central Prison
or poisoned. Government officials have also expressed concern that the
Americans could attempt a clandestine operation to free him. This is
819

interesting because many Pakistanis have started believing after the May 2,
2011 raid by the US Special Forces in Abbottabad in which Osama bin
Laden was killed that the Americans would stop at nothing to launch
unilateral attacks in Pakistan to achieve their objectives. Liberating Dr Afridi
would earn popularity in the year of the presidential election for President
Barack Obama in the US just like the Abbottabad raid because the Pakistani
doctor has been made into a hero by the American officials and media.
However, the idea of a raid by US commandoes on a Pakistani prison
to snatch Dr Afridi looks far-fetched. No such raid was made to free
Raymond Davis, who was allegedly a CIA man disguised as a diplomat
unlike Dr Afridi who reportedly was a small-time CIA informer. If the US
could secure release of Raymond Davis by paying blood-money under
Islamic law with help from the ISI to the families of the two young
Pakistanis killed by him in broad daylight on the streets of Lahore, it could
also find a way to win freedom for Dr Afridi without having to resort to the
use of force. The unrelenting pressure being applied by the US officials on
Pakistan in Dr Afridis case and the use of American aid-money to tempt and
unnerve the Pakistani authorities could eventually have an impact even
though Islamabad right now is acting brave and refusing to be cowed
down
His brother Jamil Afridi, a schoolteacher, held a press conference in
Peshawar to pronounce Dr Afridi as innocent. One of his arguments pleading
his brothers innocence was that Dr Afridi could have fled Pakistan as he had
a valid US visa. A counter-argument could be made that the Pakistani
intelligence agents gave him little time to escape. It is also possible that Dr
Afridi, bold in his dealings as his service record shows because he managed
to get himself reinstated after being dismissed from service in the health
department on December 24, 1999 and fought off charges of misconduct and
corruption, didnt suspect that his role in tracking down Bin Laden through
his fake anti-polio vaccination campaign in Abbottabad would become
known and lead to his arrest.
One look at documents dating back to 2002 portray the picture of a
man who repeatedly fell foul of the law and still managed to hold on to his
job and his position. Enquiries conducted against him at the time found him
guilty of corruption and misuse of power. He was declared corrupt,
unreliable and unfit for government service. Nurses working under him
accused him of sexual assault and his bosses reported that he stole medical
equipment from the government hospital and was obsessed with making

820

money. There are also reports that he bribed his superiors to retain his job in
Khyber Agency.
Obviously, he and his family would deny all this and these reports
would not have been leaked if Dr Afridi hadnt landed himself in trouble by
associating with the CIA. There is no doubt that he worked for the CIA
because the US government functionaries would not have been making so
much noise after his conviction if he wasnt an informer and hadnt helped
the US in confirming the presence of Americas public enemy number one in
Abbottabad. There are published media reports that Dr Afridi, along with his
wife Imrana Ghafoor, who hailed from Attock district and served as
principal of a girls college in Mohmand Agency, along with their three
children visited the US in 2009. Some of Dr Afridis colleagues claimed that
he began visiting the US embassy in Islamabad in 2008 and started taking
unusual interest in the activities of the militants. Pakistanis who are
defending him for playing a role in getting Bin Laden need to know that Dr
Afridi wasnt doing this for a higher cause in the fight against terrorism.
Rather, as available evidence shows, he did this for money, that too far less
than was his due.
The judgment given by the assistant political agent, Bara against Dr
Afridi doesnt touch the charges of his involvement in activities linking him
to the CIA Presently, Dr Afridis conviction and imprisonment for 33
years under provisions of the Frontier Crimes Regulations is due to his
alleged links with the Mangal Bagh-led Lashkar-i-Islam. The security forces
have launched at least five operations against this banned group in Bara and
Tirah Valley in Khyber Agency.
Ironically, Mangal Bagh had fined Dr Afridi one million rupees in
2008 after getting him abducted following complaints by patients that he
performed faulty surgeries on them in his private hospital in Bara without
possessing the required qualification to do so. This case could yet take many
twists and turns and further strain US-Pakistan ties because Washington
refuses to give up its habit of bullying Islamabad into submission after every
new crisis in their strained relationship. (Rahimullah Yusufzai, The News
31st May)
Pak-US relations: An enduring partnership: Despite the current
difficult situation, the basis for a better and long lasting relation between
Pakistan and the USA does exist. In the pursuit of foreign policy, there is no
room for emotionalism. In the aftermath of 9/11, there was no need for
Pakistan to get involved in the Afghan war so deeply. It is said that even the
821

US at that time wanted only half of what we agreed to do. But General
Pervez Musharraf pushed Pakistan deeper and deeper into the conflict. He
was also responsible for pushing Pakistan into the lap of extremists.
Keeping this in view, it is wrong to accuse Ziaul Haq of bringing the
Kalashnikov culture to Pakistan. His era was among the most peaceful eras
in Pakistans history. Junejo initiated the process of giving Kalashnikov
licences. The regimes that followed continued to do so. Also, it is wrong to
place the Afghan mujahideen on the same pedestal as the Taliban. The
mujahideen stood up against the Soviet invasion of their country. They were
an indigenous product. The objective of Zias decision to support them was
to ensure Pakistans security and integrity. The Soviets, in their design to
reach the warm waters through greater Balochistan or directly through
Pakistan, had moved into Afghanistan.
In addition, it is incorrect to say that Pakistan got involved in
Afghanistan at the behest of US or Western powers. The US/West remained
silent spectators for almost three years. They only joined the forces when
they realized that the bleeding in Afghanistan would culminate in the
dissolution of the Soviet Union.
The Talibans were not indigenous Afghan product. They came to
surface during the second Benazir Bhutto government. I was surprised at this
phenomenon and asked General Naseerullah Babar, the then Minister of
Interior, as to who the Talibans were. His reply was that instead of dealing
with 26 parties, Pakistan would have to deal with one party only.
Anyway, the fundamentals of Pakistan-US relations remain positive
and enduring. There are over a million Pakistanis residing and working in
America; they can be formed into a strong Pakistan lobby. The USA is the
leading partner of Pakistan in trade, investment, education and a vast number
of other fields. There are several profitable areas of our collaboration. In our
relations and our diplomacy, we must behave as honest, reliable and truthful.
In the long range, it is only the economic strength of Pakistan that will give
it the means of providing resources or acquiring respectability in the comity
of nations.
Further, terrorism is eating us. Peace for us is as much essential as for
any other country. Our policy should focus on eliminating terrorism, which
should help establish security, peace and stability in Afghanistan as well as
in Pakistan. The withdrawal of US troops and initiation of an era of peace
and development rests on how quickly we can rid our country of the
extremists, who have destroyed our peace and economy. The writer is a
822

graduate from Harvard University (USA), retired ambassador and exchairman of the National Assemblys Standing Committee on Foreign
Affairs. (Mian Abdul Waheed, TheNation 2nd June)
Painting a villain as martyr: American writers critical of the US
stance on Afridi have pointed out that the global bully has meted out much
harsher punishments to its own citizens guilty of lesser crimes. They have
raised many valid questions. What if an American citizen accepted money to
work for a foreign intelligence agency to run a fake vaccination campaign
targeting American children with the aim of locating someone wanted by
that foreign agency without the knowledge of US authorities? Will the US
government let him go scot-free and hand him over to the country whose
intelligence agency had hired him? These conscientious voices are likely to
remain unheard in the bigoted corridors of American power because the
double standards that inform the US foreign policy go hand-in-hand with the
arrogance that the superpower shamelessly parades around. What is good for
the US is not good for other countries because, after all, they are not the US!
The US response to the Afridi case is, therefore, quiet predictable and
easy to understand. What is disconcerting, however, is the campaign to
rescue the unethical doctor turned foreign agent that has been started by the
one-eyed champions of human rights and a section of the media. The donordriven civil society and co-opted writers are screaming murder, fishing for
loopholes in his conviction and crying for a fair trial for the spy.
Disregarding the recommendation in the verdict for trying him in a
competent court of law with the jurisdiction to try him for working for a
foreign intelligence agency, they smell a rat because he has been sentenced
for another crime. It doesnt even seem to matter that his appeal will go
through the due process of the existing law, whatever its shortcomings. They
do not dispute the facts about his devious fake vaccination campaign, but
would like to employ all rules of fair-play to shield him from punishment.
They have taken up his cause, as if the rule of law in the country depended
on it. And that is basically the problem with these one-eyed champions.
While they might have valid reasons to criticize the court verdict, their
enthusiasm to come to Afridis aid gives us an insight into their priorities
and perspective. In a national context, where they could help a multitude of
innocent and helpless Pakistanis, why would these champions of human
rights and rule of law make a big issue out of one case regarding a certified
spy who didnt have any qualms about running a fake vaccination campaign
targeting children? Why do their hearts bleed for a the hired CIA operative
more than it does for innumerable other cases involving poor Pakistani
823

citizens, who did nothing wrong to get into trouble? Have they given some
thought to their fellow citizens bombed by drones in their homes, a mosque
and a bakery only last week? Given that even a criminal should be treated
fairly, it is difficult to make sense of a concerted effort to save one hired spy
in the present context; a spy who has appealed against his conviction, has the
resources to defend himself and is protected by the sole superpower.
What makes justice for a tainted Afridi more urgent than for other untainted
citizens? Is it because, taking the cue from their donors and patrons, the oneeyed champions consider Afridi a hero, who must be saved? Or, as has been
suggested by some writers, have they been assigned and funded for running
this save-Afridi campaign? (Jalees Hazir, TheNation 3rd June)
Pak-US ties: bogged down in non-issues: A report by The Guardian
portrays how Dr Afridi betrayed the noble cause of his profession and what
did the US achieve. It says: While the vaccine doses themselves were
genuine, the medical professionals involved were not following the
procedures. In an area called Nawa Sher, they did not return a month after
the first dose to provide the required second batch. Instead, according to
local officials and residents, the team moved on. By doing so, numerous
Pakistani children, who thought they were being vaccinated against Hepatitis
B, were in fact left exposed to the virus!
Pakistans healthcare agencies have traditionally faced an uphill task
in convincing the locals of FATA and other rural areas that the vaccines they
want to administer to their children are genuine, rather than Western drives
to infertile the children for reducing the number of Muslims in the world.
Such suspicions have prevented the eradication of polio and the containment
of other preventable diseases in many areas of Pakistan.
Being from the tribal area, these socio-cultural inhibitions must have
been well home to Dr Afridi, yet he became a tool for perpetuating such
perceptions An organization, known as Doctors Without Borders, has also
condemned the CIA and Dr Afridi for their grave manipulation of the
medical act that will cause vulnerable communities - anywhere - needing
access to essential health services [to] understandably question the true
motivation of medical workers and humanitarian aid... The potential
consequence is that even basic healthcare, including vaccination, does not
reach those who need it most.
It is unfortunate that Hillary feels the pain of Dr Afridi, but is
indifferent to the fate of children who could fall victim to a US-sponsored
act of chemical and biological warfare, carried out through his services.
824

Rumour has it that the Americans have clandestinely pumped in Rs50 crore
or so in the domestic media to mould Pakistans public perceptions in favour
of Dr Afridi. If true, it would be another act of American high-handedness
towards the Pakistani people.
These days, the second hype against Pakistan is of missing persons. It
was drummed up through the congressional hearing on Balochistan by the
House Committee chaired by Congressman Dana Rohrabacher, who has also
introduced a bill in the House of Representatives to confer Dr Afridi with US
citizenship
Yet another pressure point is about Pakistans alleged complicity in
letting the transportation of raw materials used in the IEDs across the PakAfghan border without a check. However, a recent authentic study, titled
IED Sufferings in AfPak, indicates that Pakistan has suffered due to the
IEDs more (2,707 soldiers) than the coalition forces losses, combined
together (1,188). The report also highlights Pakistans continued efforts to
stem the cross-border movement of raw materials used in these devices.
In all probability, well wishers of durable and sustainable Pak-US
relations will have to wait until the elections in both these countries throw
up freshly mandated governments. Until then, one has to live with day-today fireworks, because anti-America sells well in Pakistan; and Pakistan
bashing fascinates Americans. So, expect more fiction and fewer facts!
(Khalid Iqbal, TheNation 4th June)
Height of hypocrisy: For his role in eliminating the al-Qaeda
founder, Afridi is treated in the US as a hero. Given this background, the
growing frustration in the US over the delay in reopening NATO supply
routes and the long-held perception that Pakistan provides safe haven to the
Taliban and the Haqqani network, it is not surprising that the US reaction to
Afridis sentencing was immediate, and it was furious.
Not only has there been strong verbal condemnation of Pakistan, the
US Senate Appropriations Committee has voted unanimously to cut $33
million in aid Some sections of the US media have also gone ballistic. In
an editorial on Afridi, appropriately titled as Our man in Pakistan, The
Wall Street Journal has warned that more [aid] cuts are coming if something
doesnt change in Pakistan. Pakistan, it said, would be foolish to take
Americas support and patience for granted. The US had other options in the
region. With very few friends, Pakistan did not.
The pressure from the US government has been relentless This, of
course, is pure hypocrisy. Working for a foreign intelligence service is a
825

serious crime in most countries, including the US, and the law makes no
exception for those who work for the agencies of a friendly country or in
pursuance of what is claimed to be a common interest. The case of Jonathan
Pollard, a former officer of the US intelligence who was sentenced to life in
prison in 1987 for spying for Israel, shows that the US government shows no
mercy for those who betray their own homeland to help a friendly foreign
intelligence agency.
Marvin Weinbaum of the Middle East Institute says that those who
accuse Washington of hypocrisy have a superficial view of the situation.
According to him, if the purpose of the action was to serve the mutual
interest of the two countries, there should be no penalty. This is a wholly
untenable argument, because there is no country, including the US, which
has such a law.
As for Clintons complaint of the severity of Afridis sentence, she
certainly has no basis for complaining if only she looks at the punishments
given by US courts in similar cases. The sentence given to Pollard and to
Aafia Siddiqui, for a milder offence than spying for a foreign country was
even more severe.
Nevertheless, whatever the gravity of the allegations against Afridi, he
has an absolute right to a fair trial The procedure for criminal trial under
FCR falls short of the guarantees of a fair trial in the rest of the country. But
as long as this vestige of British colonial rule is not repealed or declared
unconstitutional, Afridis conviction for his alleged links with Lashkar-eIslam can only be challenged within the narrow confines of this law.
Afridis trial for having worked for the CIA is another matter. As
recommended by the Bara court, he should be brought to justice for this
offence before a competent court under the ordinary law of the land. The
trial must be held in public and the government must ensure that Afridi is
given all guarantees of due process.
There is massive pressure from Washington to allow Afridi to proceed
to the US A US aid cut will not cripple our economy. But caving in to the
US demand would amount to mortgaging our security to Washington. Let us
make no mistake about it. This case is not about the fate of one individual.
Afridi was part of a much wider network of CIA agents in Pakistan, both
American and Pakistani. The US target is not just al-Qaeda. Washington also
has our nuclear weapons capability in its crosshairs. Dismantling the CIA
network in the country should therefore be a very high priority.

826

But it is unlikely that Zardari will be prepared to say no to the US. His
first priority is to curry favour with Washington so that he can stay in power
and protect the hundreds of millions of dollars that he has accumulated. But
he is not alone. All major political parties, including the PML-N, the PTI and
the JUI-F, have been silent in the face of US arm-twisting for the release of
Afridi.
In an article in The Independent, Robert Fisk predicts that Afridi will
be quietly given a substantial reduction in his sentence, will be released or
will disappear-from prison and, in a few months or years will pop up in the
US. Sadly, that prediction is likely to come true because our political leaders,
while adept at looting public money, lack the mettle to stand up to browbeating and naked pressure by Washington. (Asif Ezdi, The News 4th June)

Afghanistan
The endgame in Afghanistan: As the experience of 1990s suggests,
neither the Northern Alliance nor the Taliban alone can restore durable peace
in Afghanistan. National reconciliation and the establishment of a broadbased government reflective of Afghanistans multi-ethnic character are
indispensable conditions for durable peace in the country. Now that the US
has achieved its primary aim of degrading al-Qaeda, it should focus on
promoting national reconciliation in Afghanistan through the initiation of
unconditional talks among the various Afghan parties, particularly the
Taliban and the Northern Alliance. The US initiatives for talks among the
Afghan parties must have the endorsement and support of Afghanistans
neighbours, especially Pakistan and Iran, and major powers like China and
Russia. This is the only way for the US to leave behind an Afghanistan,
which is at peace within and with its neighbours. Washington should refrain
from imposing a government of its choice, which reflects its cultural values,
on the Afghan people.
A peaceful Afghanistan governed by a coalition of the Taliban and the
Northern Alliance and committed to uprooting al-Qaeda is obviously in the
best interest of the US. A civil war in Afghanistan, the likely scenario in the
absence of national reconciliation, will provide opportunities to al-Qaeda
and other terrorist outfits to re-entrench themselves in the country as
happened in the 1990s. It will also destabilize the region through the
involvement of the regional powers with one side or the other in
Afghanistan. Both these consequences will be to the detriment of the US
interests. In addition, a government in Afghanistan, which is dependent on

827

the US largesse and military support for its survival, will be a continuous
drain on the US resources, hardly a welcome prospect for Washington.
What are Pakistans options in the face of the unfolding scenario?
Pakistan supported the exclusive rule of the Taliban in Afghanistan as
against the Northern Alliance in the 1990s with disastrous consequences.
The pro-Taliban policy isolated us internationally and regionally, tarnished
Pakistans image as the supporter of extremism, brutalized Pakistans society
by encouraging extremism and resort to violence, and was responsible for
allowing al-Qaeda and other terrorist organizations to get a foothold in our
country. The adverse consequences of that policy will continue to haunt us
for quite some time. It is, therefore, in Pakistans own interest also that
Afghanistan is ruled by a government which enjoys the broad support of the
Afghan people and is moderate in its thinking and policies. Under the
present circumstances, only a coalition of the Taliban and the Northern
Alliance, rather than an exclusively Taliban government, would fulfill these
requirements.
The foregoing analysis calls for Pakistan-US cooperation for the
restoration of durable peace in Afghanistan. While the US should open the
door for unconditional talks among the various Afghan parties, we should
use whatever influence we have on the Afghan Taliban to persuade them to
join them for the sake of national reconciliation. We should disabuse the
Taliban of the notion that they alone can restore durable peace in
Afghanistan. Let us hope that the leaders of both Pakistan and the US would
have the wisdom and the courage to rise above petty considerations and
seize the strategic opportunity which awaits them. It would be a pity if they
are distracted by jingoism and cheap slogans to lose sight of the essential for
the sake of the peripheral. In such an eventuality, the resultant mess in
Afghanistan would be to the detriment of both Washington and Islamabad.
Therefore, our current differences with the US on such issues as drone
attacks, our demand for an apology for the Salala attack, and the reopening
of the ground supply routes through Pakistan for ISAF should be resolved
within the context of an agreed strategic framework for the restoration of
durable peace in Afghanistan and the defeat of al-Qaeda. In so doing, we
should act with a sense of realism and measured flexibility. (Javid Husain,
TheNation 29th May)
Retreat from Kabul: All the hot air in Chicago about transition,
Afghan self-reliance and growing security could not conceal the truth that
the mighty US and its dragooned Western allies have been beaten in
Afghanistan by a bunch of mountain warriors from the 12th century.
828

The objective of war is to achieve political goals, not kill people. The
US goal was to turn Afghanistan into a protectorate providing bases close to
Caspian Basin oil, and to block China. After an 11-year war costing $1
trillion, this effort failed meaning a military and political defeat.
The US dragged the NATO into a war in which it had no business and
lacked any popular support. The result: a serious weakening of the NATO
alliance, raising questions about whose interests it really serves. The defeat
in Afghanistan will undermine US domination of Western Europe.
The claims made in Chicago that the US-installed Afghan regime will
stand on its own with $4 billion of aid from the West were pie in the sky.
Once the US support ends, the Karzai regime is unlikely to survive much
longer than did Najibullahs Afghan Communist regime in Kabul after its
Soviet sponsor withdrew in 1989. Or the US-run South Vietnamese regime
that fell in 1975.
The current 350,000-man Afghan government army and police are
mercenaries fighting for money supplied by the US and NATO. Many are
ethnic Uzbeks and Tajiks, blood foes of the majority Pashtun. The Taliban
and its allies are fighting for nationalism and faith. History tells us who will
prevail.
All Afghans know the Western powers have been defeated. Those
with sense are already making deals with the Taliban. Vengeance being a
cherished Afghan custom, those who collaborated closely with the foreign
forces can expect little mercy.
Air power is the key to US control of Afghanistan. The warplanes and
helicopter gunships circle constantly overhead to defend Western bases and
supply routes. Reduce this air power, as will likely happen after 2014, and
the remaining US troops will be in peril. Pakistans temporary closure of the
NATO land supply routes to Kabul and Kandahar provides a foretoken of
what may occur. Currently, the US must rely on Russia for much of its heavy
supplies.
Already there are worries about getting US and NATO troops out of
Afghanistan Washington intends to leave the garrisons in Afghanistan
after the 2014 announced pull-out date, re-branding them trainers instead
of combat troops. Their mission will be to keep the pro-US Afghan regime
in power. But neither the US, nor the NATO will come up with the $4 billion
promised in Chicago.

829

Washington is encouraging India to get ever more deeply involved in


Afghanistan even to become its new colonial power. India would be wise
to keep its hands off.
In a second Retreat from Kabul, the remaining US garrisons in
Afghanistan may face the fate of the 1842 British invaders, cut off,
ambushed, and hacked to pieces by the ferocious Pashtun tribesmen. (Eric
S. Margolis, TheNation 29th May)
Is US losing terror war? A New York Times report quoting the
outgoing American ambassador, Cameron Munter, says that he found the
drone strike-driven US policy unacceptable and complained to his
colleagues that he didnt realize his main job was to kill people. It may be
the reason for his request to the State Department to withdraw him from
Islamabad before his tenure expired. His colleague in Kabul has followed
suit and a similar request from him is also awaiting approval of Washington.
There has been a growing demand urging the US to end the war in
Afghanistan and withdraw troops even earlier than scheduled. There are
reports suggesting that US troops serving in Afghanistan are also conveying
their opposition to the war to their field commander calling it a waste of time
and financial and human resources. The NYT report further reveals that
President Obamas focus on drone strikes has made it impossible to forge a
new relationship with the Muslim world that he promised in his speech in
Cairo in June 2009. It went on to say that both Pakistan and Yemen are
arguably less stable and more hostile to the US than when Mr Obama
became President. What Mr Munter said and what NYT has reported reflect
that the US Administration's strategy has critics not just abroad, but at home.
The war for hearts and minds is lost and perhaps there is more effort needed
in that direction, than on the battlefield. (Editorial, The Nation 1st June)
The USAs failed Afghan campaign: The US seems to have been ill
served by its diplomats, soldiers and spies, as it has failed to meet most of its
geopolitical, strategic and economic objectives in this Afghan campaign. It
has been a resoundingly disastrous expedition. The militancy is still alive
and the region still destabilized. Yet, the US/ NATO/ISAF combine feel
obliged to declare victory and go home. They are leaving behind an
unfinished agenda, a task unaccomplished.
Pakistan is likely to unblock the NATO supply routes soon and make
their egress smooth and easy. The US and its allies are readying themselves
for the long, ignominious trudge back home. Yet, another empire is about to
bite the dust in Afghanistan! (Imran Malik, TheNation 3rd June)
830

India
A Confederation proposed: Federal Minister for Railways Ghulam
Ahmed Bilour has proposed a confederation of Pakistan, India, Bangladesh
and Afghanistan. The reason that he has given is that this would promote
regional peace and strengthen the economy. Confederation is not a bad idea
for regional peace and prosperity but including India is impossible
Such notions however should take into account our status as a
sovereign nation. Before inviting India we must focus on resolution of core
irritants. So far as peace is concerned, there is no harm in having good
friendly relations with the neighbours. However, peace at the cost of
Kashmir is unacceptable. These leaders who are talking of confederation
must not forget that New Delhi has reneged on its promise made to
Kashmiris and the UN to hold an impartial plebiscite. The Valley remains a
nuclear flashpoint. Foregoing the confederation would be a much lesser sin
than giving up on Kashmir. (Editorial, TheNation 31st May)

REVIEW
Dr Shakeel Afridis conviction has annoyed the global bully and there
have been various theories about his possible rescue from a raid by US
Special Forces to the Scoundrel exercising his powers to pardon him and
hand him over to his foreign maters. This has created security problems for
the ANP government in KPK, despite the fact that it has been very keen to
deliver what the Americans wanted.
He has become another Raymond Davis for KPK as the real one had
been problematic for Punjab government. The sponsor of global terrorism is
keen to secure his custody for the same reason, for which it rescued
Raymond Davis; to prevent any more revelations about activities of CIA in
Pakistan.
Meanwhile, the idea of confederation with India by red-capper Bilour
is one of the many which have been floated, not out of intellectual
inspiration, but because of evil designs against Pakistan. Such ideas aim at
diluting the ideological basis countrys existence. Of late, these ideas have
been augmented with debate on the chances of very survival of Pakistan.
Arguments put across are quite convincing when viewed in context of
prevalent state of Pakistans internal and external affairs. But this is not for
the first time that this nation has encountered such depressing circumstances

831

and it has survived those. Pakistanis have been throbbing with life and they
will continue doing so and thats what worries its enemies.
4th June, 2012

WAR WITHIN-XIII
Sixth day of the month of June was historic in Pakistan, not because
the planet Venus came in between the Sun and Earth, but what happened in
the Supreme Court of Pakistan on that day. The very first case fixed for
hearing was a suo moto notice taken by the Chief Justice relating to media
leaks hinting at a case of bribe aimed at implicating Chief Justice and
defaming the institution he headed.
Nobody other than his own son Dr Arsalan was accused of accepting
millions of rupees indirectly from Riaz Malik, a real estate business tycoon
of Bahria Town fame. He appeared before a bench headed by his father. It
became a breaking news and hot topic for debate for every TV channel in the
country.
In the second case the Supreme Court issued notices to Prime Minister
Gilani and Speaker National Assembly. During the hearing it was remarked
832

that by not filing an intra-court appeal Gilani has accepted his conviction
handed out by seven-member bench. In yet another case, the CJP directed
the KPK government to produce four women who were reportedly executed
on orders of a local jirga.
Almost entire week remained abuzz with news and TV shows on these
cases, especially the first one. Meanwhile, the apex court also passed
detailed judgment in NICL scam directing registration of cases against
culprits, including Amin Fahim. The events in apex court pushed the budget
debate and protests against power outages off TV screens.

NEWS
Power politics: On 4th June, Kaira said that PML-N chief was
enjoying the perks and privileges permissible to former prime ministers. In
response to a question he said the expenditures of Prime Minister House
have been reduced and it would soon be transformed as an Institute of
Advance Studies. Responding to a question he said, the Federal Government
had nothing to do with the delay in flight of Nawaz Sharif.
On 8th June, the Supreme Court ruled that the ECP should start a
mechanism to carry out house-to-house verification of electoral rolls. The
ECP should be strict in its implementation of laws pertaining to elections as
well as monitor the expenses of political parties and other candidates on
campaigns.
No polling station should be farther than two kilometres from a
voters residence and candidates would not be allowed to use private
transport for voters. The ruling added that transportation for voters should be
provided by the caretaker government at the time. Candidates in elections
would not be allowed to establish camp offices near polling stations.
The court, in its order, stated that every political party has the right to
take part in elections and to try to become a part of government under
Article 17. It is the responsibility of the ECP to make sure that the parties
strictly follow the election rules. The ECP has the constitutional mandate
that the elections are conducted according to the set rules.
The PML-N and MQM were on the same page in backing Justice
(retd) Nasir Aslam Zahids nomination for the slot of Chief Election
Commissioner (CEC). Justice Zahid, so far, is alone to have the support of
the opposition and a party belonging to the treasury. The committee, headed

833

by Federal Minister Khurshid Shah asked Gilani to forward a new proposal


after one of his nominees, Justice (retd) Zahid Qurban, refused to stay
among the contenders.

Rule of law: On 4th June, the Supreme Court suspended Senate


membership of Federal Interior Minister Rehman Malik in dual nationality
case. The apex court took the decision under Article 63-A of the Constitution
after the minister failed to provide testimonials in favour of his claim
regarding abandonment of British nationality. The court has also terminated
National Assembly membership of Farahnaz Isfahhani wife of Haqqani in
the same case.
A list of 14 more parliamentarians having dual nationality was filed in
the Supreme Court of Pakistan. The list included names of Finance Minister
Abdul Hafeez Sheikh Deputy Chairman Senate, Sabir Baloch and other
lawmakers. Malik Waheed Anjum filed the list before a three-member bench
when it resumed hearing of the case.
Prominent TV anchor, Dr Shahid Masood also filed a petition against
Rehman Malik, stating that the minister was having UK nationality and the
Britain had appointed him countrys honorary counselor in Niger, a republic
in West Africa. Dr Shahid Masood, through his plea, requested for being a
party in the case. The court has sent notices to all the listed lawmakers.
The regime reacted swiftly to make the indispensable man as advisor
to Prime Minister on internal affairs. The government has also decided to
introduce a bill in the Parliament to allow dual nationals to stay as elected
representatives. Reportedly, the coalition partners have taken on board.
The Supreme Court took suo moto notice of the recently emerged
video scandal and the death decree issued to seven persons by a Jirga of
Kohistan. Chief Justice instructed the AGP to find out from Chief Secretary
KPK about the five girls, who were sentenced to death by the local clerics
over dancing in a wedding ceremony along with two men, and inform the
court. He also directed him produce all the girls and boys in the court if they
are alive.
In his remarks, the CJP said that the court has repeatedly declared that
decisions issued by private jirgas (tribal courts) are illegal and
unconstitutional. The apex court also issued notices to Commissioner Hazara
Division, DPO Kohistan and DIG Hazara to appear before the court on June
6. Conflicting reports about the murder of the accused women were also
making the rounds in media.

834

District Police Officer (DPO) Kohistan Abdul Majeed Afridi said it


appeared to be a case of tribal rivalry and an attempt to defame a family. He
said the video was recorded three years ago and then edited in an attempt to
implicate the party goers. KPK Minister for Social Welfare talking to media
also denied the report, saying the women who danced at the wedding
ceremony were not killed.
Next day, after days of the capital being abuzz with rumours of a
mega corruption scandal allegedly involving the son of Chief Justice Iftikhar
Muhammad Chaudhry, the CJ has taken suo moto notice of reports
circulating in the media and summoned Arsalan Iftikhar Chaudhry, Bahria
Town chief executive Malik Riaz and attorney General Irfan Qadir. The
three-member bench headed by the chief justice will take up the case in an
open hearing on 6th June; other members will include Justice Jawwad S
Khawaja and Justice Khilji Arif.
The electronic and social media have in the last few days been rife
with reports about Arsalan Iftikhar allegedly receiving crores of rupees from
the Bahria Town management under different pretexts in order to influence
the Supreme Court in favour of Bahria Town cases pending with the SC.
There were also allegations that the Bahria Town management financed
multiple foreign trips taken by Arsalan and the CJs family members and
also paid for hotel and rented accommodation and cars. Additionally, there
were reports of Arsalan receiving about Rs340 million in different heads
from Malik Riaz.
Rehman Malik was desperate to take with him to Pakistan the
Renunciation of Nationality (RN) declaration certificate. The British
government fast-tracked Rehman Maliks application for renunciation and
former interior minister spent three hours in a huddle with the Home Office
bureaucrats to finalize the covert mission. Malik failed to achieve it as he
had already been summoned by President Zardari to Pakistan the same
evening.
Officials at Pakistan High Commission were surprised and intrigued
when they were told on 29th May that the interior minister was meeting the
British defence ministry officials, when clearly defence is not the domain of
the interior minister. On the same day, Rehman Malik was scheduled to visit
the Nadra/passport office in the High Commission of Pakistan premises.
The declaration of renunciation bearing a stamp of registration was
sent to Rehman Malik on 30th May, stating that his status has been
renounced with effect from 30-05-2012. Rehman Malik has also produced
835

before the Supreme Court a copy of forms dating back to 2008 when he
claims to have applied and obtained the renunciation but there are many
glaring gaps in this argument.
Sibghat Kadri, Britains first Muslim Queens Counsel who has
practiced law for over four decades and who is a leading lawyer in
immigration and nationality commented: It is obvious from the letter of the
British High Commission produced in the Supreme Court that Mr Malik
remained a British citizen until 1st June 2012 when his declaration of
renunciation became effective. Mr Malik lied on oath to the Supreme Court
in his affidavit in which he first stated that he had renounced his British
citizenship in March 2008, later amending it to 25th April 2008. In my
opinion it is no longer a question as to when he renounced his British
nationality but a serious matter of perjury.
Sibghat Kadri further said that he was extremely surprised at the fast
tracking of Rehman Maliks application by the Home Office. He further
commented: In my experience the Home Office never deals with any
application relating to immigration or nationality in such a speedy manner.
They normally take weeks if not months.
In exercise of the powers conferred by Clause (1) of Article 93 of the
Constitution of the Islamic Republic of Pakistan, the President, on the advice
of the Prime Minister, was pleased to appoint, with immediate effect, A
Rehman Malik as Advisor to the PM on interior, with the status of federal
minister.
On 6th June, the two men accused of dancing and singing at a wedding
party, Bin Yasir and Gul Nazar were produced before the Supreme Court and
told that the five co-accused Kohistani women were already dead. Adviser to
the Prime Minister on Interior Rehman Malik appeared before the bench and
assured his assistance in the case.
Meanwhile, the police informed the court that the girls were alive and
would be produced before the court on June 7. According to the Hazara
commissioner, the helicopter sent for the girls could not land in their village
due to bad weather. Later, talking to reporters outside the Supreme Court
Afzal Khan said that the police cannot be trusted as they had received threats
from the DIG and commissioner of Hazara Division.
Interior ministry rebutted the report published on June 6. A press
release issued by the ministry said the objectives behind continuous
publication of such stories are nothing but to launch a vilification campaign
against Rehman Malik. The ministry said it is totally incorrect and
836

concocted that Rehman Malik had huddled with the Home Office
bureaucrats to finalize the covert mission.
Next day, on directions of the apex court, a team comprising federal
and KPK administration officials and three women rights activists visited
Kohistan. At 6pm the team informed the court that all the girls were alive
and well. They said: Despite bad weather and rough terrain, they succeeded
in meeting with Amna and Shaheena, while the other three girls namely
Begum Jan, Bazigha and Sareen Jan were stated to be present in the same
district.
But, speaking to the media, Muhammad Afzal, the brother of the boys
in the video, said he would not believe the girls were alive until they were
brought before the court and fingerprinted. I still say they are dead. If they
were alive, I will accept any punishment the court gives me, said Afzal.
The team told the court there was no veracity in the reports of their
killing and the video supplied to the media had not been prepared recently
but pertained to another family function that took place about a year ago.
The bench appreciated the efforts of federal and the KPK administration,
and also thanked Rehman Malik for his assistance.
The Attorney General for Pakistan and KPK advocate general told the
court that if some time is given, arrangements would be made for visiting to
the remaining three girls in the same district. The chief justice appreciating
the efforts said its better if the delegation is accompanied by a Judicial
Officer Munira Abbas. The case was adjourned until June 20.
The investigators told the Supreme Court that evidence is available
against Ali Musa Gilani in the ephedrine scandal. The bench hearing the
case, inquired from the ANF about the progress in the case. Brigadier Fahim
told the bench that evidence was available against Prime Minister Gilanis
son. This was the first scandal which was being overlooked by the federation
itself, he added.
The court observed that the case was being monitored internationally;
not because it involved prime minister's son but for the reason that so many
grants were given to Pakistan for drug control. The court asked Brigadier
Fahim to proceed against all the accused in accordance with law without fear
and set an example. The CJP asked the ANF officer why the investigation
was not being completed despite his being given a free hand. Fahim replied
that four persons were arrested and investigation would be completed by the
end of this month.

837

Submitting a written reply over the petition of senior politician Sheikh


Rashid regarding the complete probe, NAB Prosecutor General said as the
ANF investigation was in full swing, it would be appropriate to let the
agency complete it. Moreover, he stated that under article 13 of the
constitution, it is fundamental rule of criminal law that no one should be
exposed to hazards of punishment and convicted twice for one and same
offence. He said that Sheikh Rashids petition was not maintainable under
article 184(3) because it did not involve a question of public importance.
Counsel for pharma companies, Traiq Mahmood said that ANF was
harassing his clients unnecessarily. Upon this, the court observed they could
not ask ANF to stop investigation but they expect the agency would not
press their staffers without any reason. On the request of ANF officer, the
court adjourned the hearing for three weeks.
On 8th June, the government assured the Supreme Court that Hussain
Asghar, former investigation officer in the Haj corruption case and
incumbent Gilgit Baltistan IG, will soon be returned to the FIA. The chief
justice had asked the attorney general when Hussain Asghar would be
returned to the FIA.
The ANF arrested Asad Hafeez for illegally allotting the quota of
ephedrine for local use which was meant for exporting. Special Magistrate,
Rawalpindi approved a four-day physical remand of former DG Health Asad
Hafeez and ordered to present the accused again on June 13.

Defiance of judiciary: On 4th June, the PML-N staged a walk-out


from the National Assembly against the performance and policies of the
present government and warned Prime Minister Gilani to tender resignation;
otherwise, masses will have no option to take this decision on roads. Lesson
should be learnt from Hosni Mubarak episode. Unconstitutional Prime
Minister should resign and with the consensus of the House new Prime
Minister be made, said the Opposition party member from PML-N Ahsan
Iqbal, initiating the debate on Federal budget and proposed that elections
should be held in the country as earlier as possible.
Next day, PML-N legislators entered the National Assembly hall
raising full-throated slogans as Prime Minister Gilani was signing
applications of PPP parliamentarians. The PML-N MNAs gathered in front
of the prime minister and raised slogans; Go Gilani Go, We do not accept
Gilanis rule, and so on. Meanwhile, the business advisory committee of the
House decided that a general discussion on the budget will continue till the
end of next week.
838

Senators belonging to the PML-N walked out of the Senate to protest


against Prime Minister Gilanis sticking to power even after his conviction
and also over reports of Rehman Malik being made the PMs advisor on
interior. Mushahid Ullah Khan drew the attention of the House towards
media reports that Rehman Malik was being made advisor after the Supreme
Court suspended his membership of the Senate on the question of dual
nationality. He billed it as another example of disrespecting the court
decisions.
On 6th June, a three-member bench of the apex court, headed by the
Chief Justice summoned Ahmed Ali Riaz Malik, Chief Executive of Bahria
Town, in the suo moto case of an alleged business deal involving some
Rs300-400 million between his father Malik Riaz Hussain and Dr Arsalan,
the son of Chief Justice Chaudhry. It was reported that Malik Riaz paid
between Rs300-400 million to Dr Arsalan and also sponsored his foreign
visits under different pretexts in order to influence the Supreme Court in
favour of Bahria Town cases pending with the SC.
Dr Arsalan has, meanwhile, denied the allegations of corruption that
have circulated in the media in recent days. During the hearing, Chief Justice
remarked that his son would be dealt with in accordance with the law if
found guilty in the instant case. He said anyone who conspired to malign the
judiciary would not be spared.
Attorney General Irfan Qadir, addressing the chief justice, argued that
he could not be part of a bench hearing his own sons case, at which the
chief justice replied that the court was aware of the code of conduct, adding
that this was a matter of the honour of the judiciary. The CJ also said that the
court would hear the case in accordance with Quranic injunctions.
During the hearing Colonel Khalil, Principal Staff Officer of Malik
Riaz, appeared before the court and submitted that Malik Riaz could not be
contacted as he was in London for medical treatment. Later, the court
summoned Malik Riazs son, Ahmed Ali Riaz Malik but he too could not
appear before the court and could not be contacted as he was abroad as well.
He directed Ahmed Ali Riaz Malik to appear before the court on June
7 with all relevant records of his company relating to the allegations against
Dr Arsalan. The court also directed the Chief Executive of Geo TV to secure
the materials mentioned by Shaheen Sehbai, Group Editor of The News,
during an interview aired worldwide from Washington.
Hamid Mir, anchorperson Geo News, appeared before the court and
contended that neither he nor Shaheen Sehbai had any material regarding the
839

allegations against Dr Arsalan, adding that one week ago, Asma Jahangir had
told him about the issue and he had expressed his ignorance to her. Hamid
Mir said he later contacted Justice (retd) Tariq Mahmood about the matter,
who told him that Malik Riaz had discussed the issue with some other
journalists as well.
Hamid Mir said that he then met Malik Riaz Hussain, who showed
him a file containing some allegations against Dr Arsalan, but did not
provide any video documentation relating to the scandal. He also said it was
Imran Khan who had said on his show, Capital Talk, that a conspiracy was
being hatched against the chief justice.
The court also summoned Geo News anchor Kamran Khan with the
material on which he had conducted his programme on June 5. The court
also directed the Securities and Exchange Commission of Pakistan (SECP)
to appear before the court with the relevant record of Malik Riazs company
so that an appropriate order could be issued in this regard. The court also
directed Colonel Khalil, Principal Staff Officer of Malik Riaz, to inform his
boss to appear before the court with material.
Earlier, Colonel Khalil told the court that there were some 21,000 staff
members in the company, with executive members of the board including
Commander Ilyas, General (retd) Ihtisham Zameer, Major General (retd)
Khalid Sultan, Mariam Rehman, etc. Mariam Rehman, while appearing
before the court, submitted that Malik Riaz had resigned as Chairman of
Bahria Town. Commander Ilyas, who heads a project of Bahria Town, told
the court that there was no mention of the alleged business deal in the
project he heads and not a single penny was released from his project in the
alleged business deal. The court shall resume hearing on June 7.
Dr Arsalan told the media his father has forced him to leave home till
the Supreme Court verdict in the suo moto case concerning his alleged
corruption. He claimed that he was innocent and denied all the allegations
leveled against him. Responding to a question, Dr Arsalan said he had no
issue with his father heading the bench, adding that a judge had no relations
while hearing a case.
Usman Manzoor observed an apparent difference in the reactions of
the fathers of four privileged sons allegedly involved in financial corruption.
In the case of the alleged corruption of the sons of Prime Minister Gilani and
former Chief Minister Pervaiz Elahi, the fathers tried their best to save the
skins of their sons, but Chief Justice of Pakistan, Iftikhar Muhammad
Chaudhry, put his son in the dock the day bribe allegations were leveled.
840

Leader of the Opposition in National Assembly, while talking to


journalists outside the Parliament House, said that Malik Riaz exercises
influence over the rulers. He said that currently nine retired generals of the
Army are his employees and which politicians and generals he has bought
should become known to masses.
This man has bought many rulers. He said he is struggling alone
against this person and today when everything has become public, people
should think as to how an ordinary clerk has become a billionaire in a short
span of time. What type of relations he has with the son of the chief justice
and which type of business partnership he has with Zardari. These facts
should become known to the nation.
Chaudhry Nisar said that when Musharraf came into power in 1999
and the National Accountability Bureau took up many cases against him, this
man absconded but later he became a favourite of Musharraf. The agreement
of Malik Riaz with the DHA should be put before the court. He said that
what privileges have been given to a few lawyers, who consider themselves
the custodian of the law, by Bahria Town and where the aircraft of Malik
Riaz is used. Who are the people in the lawyer and journalist community
that are supporting him?
He said a book could be written on the cases that are pending with the
high court and Supreme Court. Lives of the people, whose lands he grabbed,
have been ruined. These incidents should also be highlighted in newspapers.
He said what could be bigger crime than this that an individual has used the
son of the chief justice to get hundreds of cases against him hushed up. He
said he has been a favourite of Musharraf and Chaudhry Brothers and is of
Zardari now.
While the PPP is trying to keep itself away from the alleged scam
involving the son of the Chief Justice of Pakistan, the Special Assistant to
Prime Minister on Political Affairs, Fawad Chaudhry, says that the story
about the CJ sons Rs400 million affairs with Malik Riaz will appear in the
Sunday Times, London next Sunday. Not only this, the PPP leader also
tweeted that Honourable CJP! Accept responsibility and resign & Dear
Chamchas of CJP stop imposing heroes, fakes cannot be retained in this
position for long.
Ansar Abbasi in his report wrote: Who is Ahmad Khalil and what is
his role in the Malik Riaz-Arsalan Iftikhar scandal, which has now been
taken up by the Supreme Court of Pakistan following an unprecedented suo
moto notice taken by the chief judge of the country against his own son? A
841

businessman from Lahore, Khalil has been a friend of Arsalan Iftikhar till
recently. He is also associated with one of Bahria Towns projects and is also
closely connected to Malik Riaz Hussain. Khalil is also a buddy of Prime
Minister Yusuf Raza Gilani.
Dr Arsalan Iftikhar said that he had never met Malik Riaz Hussain in
his whole life. Dr Arsalan may be speaking the truth but the question arises
if he ever knew that his friend Ahmad Khalil is closely associated with
Malik Riaz and what has been Khalils role in concluding what has now
emerged as a unique scandal in the history of Pakistan. Ahmad Khalil is
believed to be a key person to uncover the real story and who trapped or
defrauded whom.
Whether it is a case of the smartest of all traps against the Chief
Justice on the part of the business group and vested interests or shameless
corruption on the part of the CJs son, Arsalan is accused of pocketing
around Rs340 million from Bahria Town, directly or indirectly, with the
promise that the business tycoon would get relief in his cases in the Supreme
Court.
The scam, as has been secretly shared by some key persons associated
with Bahria Town with some journalists, portrays Arsalan as a fool or a
daredevil or a perfect innocent for taking his family members to London
thrice during the last three years and getting sponsored, allegedly, by no one
else but Bahria Town. One Rizwan, who is the son-in-law of Malik Riaz, is
alleged to have generally made payments for these trips. Arsalan, however,
insisted that his friend Ahmad Khalil had engaged Bahria Town in these
tours without his knowledge. Later, he claimed, he repaid the amount to
Khalil through the latters cousin Zaid Rehman, who was in London to
facilitate them.
However, there is not even an iota of evidence, whether direct or
indirect, against the chief justice of Pakistan in these otherwise extremely
embarrassing affairs. Even otherwise the cases of Bahria Town were always
heard by a three-member bench and never by the Chief Justice of Pakistan
alone.
The fact that at what stage Arsalan came to know about the
involvement of Bahria Town in these foreign tours could be ascertained by
an independent probe but it is confirmed from all possible sources that
neither the CJ nor his family was told by Arsalan that Bahria Town had
anything to do with their foreign visits.

842

Arsalans accusers have been claiming that for the last three years
they have been bribing and sponsoring Arsalans foreign tours after having
been blackmailed by the young man. But despite promises the CJs son
never delivered and demanded more and more. Arsalan said the enemies of
his father are trying to target the CJ through him for all that the CJ is doing
against corruption, the corrupt and the most powerful.
Arsalan said that he was recently warned by Bahria Town owner
through an indirect source that if their cases were not settled, they would
leak the story to the foreign and local media. Arsalan did not explain as to
who conveyed him these threats. Arsalan admitted that Ahmad Khalil has
been asking him to talk favourably to the chief justice about Malik Riazs
cases but he never acceded to such requests because he knew his father
would never entertain such requests and has always decided cases on merit.
The CJs son said that he is into the construction and
telecommunications business and earns reasonable profits to finance the
foreign visits of his family members. He said that his business value is
Rs900 million, it has more than 400 employees and has paid Rs2.2 million
and Rs3.2 million as tax in 2011 and 2010, respectively.
He lamented that he had to depend on Ahmad Khalil because he did
not want to carry cash with him. Khalil arranged the accommodation and
rented the Land Rover for their traveling in the UK but later it appeared to
him that the payments were made there by Bahria Town and that the credit
cards used were that of the son-in-law and daughter of Malik Riaz.
When asked if he had paid back the money to Ahmad Khalil, he said
Khalil was not keen to get the money because of their relationship but still
he later transferred Rs5 million to the account of Khalils cousin Zaid
Rehman, who facilitated them in London. Arsalan said that his father had
clearly told him after the restoration of the judiciary that he would not be
responsible for any of his misdeeds or wrongdoings.
The CJs son said that he was prepared to face an inquiry and would
prove himself innocent. He laughed at the allegation of receiving Rs340
million benefits including cash from Bahria Town. He even challenged his
accusers, who also claimed to have video recordings of his receiving cash, to
show transaction of even a single penny what to talk of Rs300 million to
Rs400 million.
This correspondent had a chance to talk to Ahmad Khalil last month.
When approached, Khalil endorsed Arsalans accusers viewpoint and
insisted that he was told prior to every foreign visit that he and his familys
843

tours were sponsored by Bahria Town. Khalil, however, was unsure if the
CJs family knew about the alleged sponsors of their foreign trips. Khalil
admitted to have talked to Arsalan several times about what he called the
unfair deal that the Bahria Town owner was getting in the Supreme Court.
A friend of the CJs family, known to this correspondent, when
approached said that the wife and daughters of the CJs family had
absolutely no idea as to who had arranged the trip and what was the cost of
the accommodation. It is said Arsalan had told the family that since he was
earning a handsome amount so he was spending all the money but now the
family is in a state of shock to learn about the kind of allegations leveled
against them.
The Supreme Court issued notices to Prime Minister, Attorney
General, National Assembly Speaker, the Election Commission and the
Federation while hearing identical petitions challenging NA Speakers ruling
not to pass on the disqualification reference against the prime minister to the
election commission.
A K Dogar, the counsel for petitioner Azhar Chaudhry, told the court
that the prime minister was disqualified because of the application of Article
63 (1) (g) of the Constitution. He said the NA speakers ruling would lead to
the collapse and paralysis of administration of justice. Dogar further
submitted that the petition was filed under Article 184(3) of the Constitution,
which refers to fundamental rights enshrined in the Constitution under
articles 9, 14, 17 and 25, adding that the same were violated by the
respondents and the Federation.
He said that after his conviction, the PM had not filed any appeal
against the court judgment. At this, the court asked the judicial registrar of
its office whether any appeal was filed either at the principal seat in
Islamabad or some other branch registry. The registrar responded in the
negative. Hence, the court issued notices to the NA speaker and prime
minister, observing that the Constitution would be strictly followed in the
country.
Hamid Khan, counsel for PTI Chairman Imran Khan, also appeared
before the court and contended that the NA speakers ruling was without
jurisdiction and unlawful. PML-N leader and advocate Zafar Ali Shah, the
petitioner, requested the court to direct the president to summon a parliament
session to discuss the ruling of the speaker. The CJ, however, asked the
petitioner to raise the issue in parliament. The court adjourned the hearing
till June 16.
844

PML-N parliamentarians could not register a strong protest in the


National Assembly but did manage once again to disrupt the proceedings of
the lower house on two occasions. In the absence of PML-N members, the
government found it difficult to complete the quorum in the House and, as a
result, Deputy Speaker Faisal Karim Kundi had to suspend the proceedings
on two occasions.
Next day, Chief Justice removed himself from the bench hearing the
suo moto case pertaining to allegations that his son Dr Arsalan Iftikhar
received Rs300 to 400 million from business tycoon Malik Riaz Hussain to
influence SC verdicts. Justice Iftikhar reiterated that he would do anything to
save the judiciary from destruction and protect the dignity of the institution.
He said the apex court would continue to conduct the proceedings in an open
court, in broad daylight and in front of the media, would not discriminate in
favour of anyone, and would decide the case purely in accordance with the
law. The CJ also said if it were in his hands, he would have put both Arsalan
and Malik Riaz in handcuffs.
Later, the revised two-member bench resumed hearing in the case at
2:20pm, and ordered FBR to submit by June 9 details pertaining to the assets
and volume of tax paid by Malik Riaz Hussain. The court in its order further
ruled that since the amount of Rs30-40 crores paid on behalf of Malik Riaz
to Arsalan was mentioned in the statements of three persons, it was
necessary to ascertain the figures.
The court also directed Malik Riaz and his son Ahmed Ali to ensure
their presence before the court on June 11 and submit their written
statements. The court directed counsel for Dr Arsalan to submit a written
statement with further direction to both parties to exchange their written
statements.
Earlier during the hearing, Sardar Ishaq, Counsel for Dr Arsalan
Iftikhar, submitted that his client was falsely implicated in the case. He said
there is nothing but hot air in the scandal. Justice Jawwad S Khawaja
however told the counsel that the institution of the judiciary had been
damaged and when the institution was damaged, the whole country was
damaged. Thats why we are trying to get to the bottom of the case, Justice
Jawwad said, asking the counsel to prove that the allegations leveled against
his client were false.
The attorney general interrupted and said Dr Arsalan should be dealt
with in an independent manner instead of linking him with the institution.
The attorney general further said when the chief justice had himself said he
845

had served for so many years without having his own house or car, then why
was this still a matter of damaging the institution? Arsalan is the son of this
country, not of this institution, the AG further said.
Sardar Ishaq assured that he would assist the court while arguing
before the court in the case. Justice Jawwad S Khawaja reminded Sardar
Ishaq that the court had statements from three persons, and the counsel
would have to reply to them. You should tell us that your client did not shop
in Harrods or go to Monte Carlo, Justice Jawwad told the counsel. The
counsel contended that the secretary Bahria Town should provide him the
particular data while Secretary Bahria Town Shabbar Hussain told the court
he didnt have anything except Form 29.
Zahid Bukhari, counsel for Malik Riaz, submitted that the court
constitute a larger bench to hear the case. The court asked him to follow
proper procedure in this regard. Zahid Bukhari further submitted that the
court should not conduct the proceedings on a day to day basis as his client
was under treatment abroad. He requested the court to give him one weeks
time. The court rejected his request and asked him to ensure the appearance
of Malik Riaz and his son on June 11. Justice Khilji told Zahid Bukhari to
inform Malik Riaz to refrain from giving interviews to the media, since the
case was pending before the court.
Earlier, Geo News chief executive Mir Ibrahim along with senior
anchor Kamran Khan appeared before the court. Kamran Khan described
details of the documents he had seen pertaining to the case. Kamran Khan
said Malik Riaz told him that these documents were also shown to Aitzaz
Ahsan. He further told the court that Malik Riaz showed him dossiers that
carried documents pertaining to Dr Arsalans summer trips to London over
three years. There were tenancy agreements signed by Dr Arsalan Iftikhar
for five-star accommodation in central London and receipts and invoices
showed that the payments were made from the accounts/credit cards
controlled by Malik Riaz for his family members, he said.
He further said that there were documents that showed travel and stay
arrangement for Dr Arsalan Iftikhar and a female accomplice, whose name
he could not remember, in Monte Carlo. Those payments were also made
from accounts controlled by Malik Riaz or his family members.
According to these documents, Kamran Khan said most of these
payments including those of several shopping trips made by Dr Arsalan and
other family members at pricey London stores were also made through credit
cards owned by Malik Riazs daughter and son-in-law in London. Malik
846

Riaz claimed that in between dates of his cases before the chief justice, Dr
Arsalan Iftikhar allegedly kept squeezing him under one pretext or another,
including supply of cement bags at excessive prices to Bahria projects and
sale of plots of land, Kamran Khan said.
Kamran Khan submitted that his show had repeatedly mentioned that
despite alleged payments and favours to Dr Arsalan, Malik Riaz did not get
any favourable orders from the Supreme Court. To the contrary, the chief
justice stayed within the law, which may have exacerbated Malik Riazs
frustration and desperation.
During the hearing, the chief justice said: If I were to go home today
or another March 9th was to happen, I wouldnt have a house to stay in, he
said. At one point a visibly emotional chief justice stated rather angrily that
some people thought that everybody could be bought and had a price. Not
any more, he intoned, adding, we cannot let things go on like this.
Everybody in this country will have to submit to the law of the land.
On 8th June, Chaudhry Nisar announced that PML-N members will
stage a sit-in protest on June 11 outside the Presidency and PM House. The
opposition leader said that unfortunately both, the President and PM are
corrupt and sentenced. How can the criminals and corrupt people guide the
nation? Answering a question regarding Arsalan case, Nisar said that the
whole drama has been created by Malik Riaz, who does not even take a
breath without permission of President Zardari.
Malik Riaz admitted that he had no evidence against Justice Iftikhar
Muhammad Chaudhry. The man, who is today the source of great
embarrassment for the chief justice, interestingly, also claims that he still
sees the Chief Justice as a great hope for Pakistan. I see him as the lone
fighter against corruption and misrule, said Malik Riaz.
This correspondent had five sittings with Malik Riaz. What we
discussed during all these meetings was off the record as was the demand of
the real estate developer, who did not want to be quoted at that stage. But,
yesterday, Malik Riaz again contacted on mobile and the man appeared
contradicting himself with regard to the Chief Justice. On the one hand, he
showed his extreme frustration for being allegedly dealt unfairly and
sternly by the Chief Justice and, on the other hand, he said Iftikhar
Muhammad Chaudhry was the only hope to check corruption.
On one occasion, he said that while all others were busy in loot and
plunder, the Chief Justice was the lone fighter against the corrupt. He was
satisfied with his evidence, which he believed would put Dr Arsalan on the
847

mat. He also alleged that Arsalan was being favoured and given money to
get the Bahria Town cases settled but he had no evidence of corruption
against the Chief Justice.
When asked if the Chief Justice knew that his son was getting money
from Bahria Town, he said he did not think so. When asked if the Chief
Justices family knew that Dr Arsalan had been taking them to Britain for
holidays on Bahria Towns expenses, he doubted they knew that. He,
however, said Dr Arsalan was fully in the picture.
Malik Riaz categorically denied that there was any power whether
civilian or military behind his move against the chief justice or his son. He
admitted that despite his view that there was nothing with him against the
Chief Justice, he would be under pressure from certain vested interests to
blame the Chief Justice, if he goes public. He said he did not want to be used
by others for their vested interest but was still eager to go public with his
evidence.
Aitzaz Ahsan was also against breaking of the story through the
British media and that too when the Chief Justice was to be present in
London to receive an award for being one of the best jurists in the world.
When asked that the evidence, including the making of videos, which were
not shown, suggests as if Dr Arsalan was trapped, he said that the CJs son
had blackmailed the Bahria Town and had been milking him to multiply his
fortunes. Yesterday, while talking to this correspondent, he said that he was
not involved in any dealing with the Dr Arsalan case. He said that all the
evidence shown by him pertained to his son-in-law.
The counsel of Malik Riaz said his client did not give an interview to
any journalist about the bribes scam being heard by the Supreme Court
involving Dr Arsalan and Mr Riaz. Advocate Zahid Bokhari maintained this
during a talk with media persons at the Lahore High Court.
Next day, the Supreme Court dismissed the request filed on behalf of
Malik Riaz for the formation of a larger bench in the suo motto case of graft
allegations against Dr Arsalan Iftikhar. The Supreme Court said the existing
special two-member bench comprising Justice Jawwad S Khawaja and
Justice Khilji Arif Hussain will continue the proceedings of the case.
Dr Arsalan submitted his initial statement in the Supreme Court of
Pakistan in the alleged graft case and rejected all allegations leveled against
him by the Bahria Town chief Malik Riaz. He said that everything was only
publicized through media but not presented in the court. He said that he runs
his own business and submits his income tax return regularly.
848

Arsalan stated that he went on London tour in 2009 along with his
family and stayed in a flat on his own expenses. Similarly, he again visited
London in 2010 and 2011. He said he didnt know as to whose credit
card was used to make his payments but he had paid all the bills.
He said that he was introduced to Ahmed Khalil through Zaid
Rehman. The CJs son submitted that there was no evidence against him,
adding that he was proud to be son of Chief Justice of Pakistan whose
honesty was recognized by the world. Arsalan Chaudhry said so far Malik
Riaz had submitted no evidence against him and he had the right to file a
rejoinder again in case Riaz gave any evidence against him.
Imran Khan has said that the revelations coming out in the Arsalan
case clearly show a deliberate attempt to undermine the Supreme Court.
Unnerved by the strong and courageous decisions of the Supreme Court, the
ruling mafia decided to damage his image. Since the CJ himself is
incorruptible and a man of high integrity, those wanting to weaken him
chose to target his son.
Why did he do this, asked Khan? The CJs son was not working for
Riaz Malik and had no business relations with him. The only reason this was
done was to entrap him and then blackmail or undermine the integrity of the
Chief Justice. This is further established by the fact that all the receipts of
the transactions and reportedly some video clips were carefully retained. If
there was no ulterior motive then why was this incriminating evidence
against the CJs son being collected?
There is little doubt that this was a well thought out conspiracy to
defame the CJ and the Supreme Court, and Malik Riaz played a central role
in it. He said Arsalan Iftikhar also has much to explain, and if evidence
establishes that he accepted favours by making promises of influencing his
father, then he must bear the consequences.
The chief justice has done the right thing by deciding not to hear the
case himself. The truth will surely come out. But facts reported in the media
clearly show that Riaz Maliks intent was not to buy influence but only to
compromise the Chief Justices son and use this later to defame the judiciary.
We know who the real instigator behind Riaz Maliks conspiracy is.
He is just a pawn in the hands of the corrupt Zardari/Gilani cabal ruling the
country that is threatened by an independent judiciary. It has long been
seeking to undermine it in whatever way possible. He said Pakistan Tehreeke-Insaf will stand with the independent judiciary and would thwart any
attempt to malign the CJ and the Supreme Court.
849

Chief Justice will resume hearing of 11 cases, including killing of a


security guard and property confiscation, against Malik Riaz and his son, Ali
Riaz, on June 12. The hearing of the cases will be conducted by the bench
headed by Chief Justice, and comprising Justice Jawwad S Khwaja and
Justice Khilji Arif Hussain.
On 10th June, Christina Lamb brushed aside media reports of being
contacted by anyone in the graft case against Dr Arsalan Iftikhar. She termed
as 'made up' the reports disseminated through social networking site Twitter.
Reports circulating in the social networking site claimed that Malik Riaz,
had contacted the Washington Bureau chief of Sunday Times to expose the
scandal right when Chief Justice was scheduled to receive the International
Jurists Award-2012. It was a planned move to malign the Chief Justice who
is considered incorruptible, the reports also said.
Malik Riaz will be leaving London for Pakistan shortly to record his
testimony before the Supreme Court in Dr Arsalan's case, said his counsel
Zahid Bukhari. Zahid Bukhari said although Malik Riaz's doctors had
advised him not to travel; he has decided against it and will be heading back
home shortly.
Shahbaz Sharif said that Arsalans case was a conspiracy against the
judiciary and called upon the whole nation to stand by the Supreme Court at
this critical time. Speaking at a ceremony held to commemorate the third
death anniversary of Dr Sarfraz Naeemi at Jamia Naeemia, the Punjab CM
said that it was a duty of the nation to lend support to the Court, and
described Chief Justice Iftikhar Muhammad Chaudhry as the last hope for
justice.
Shah Mehmood Qureshi said that convicted Prime Minister Gilani by
appointing Rehman Malik as Advisor on Interior had again disrespected the
Supreme Courts decision. He said that Dr Arsalan has appeared in the SC to
clarify his position regarding allegations and now it is Malik Riazs turn to
prove the blames leveled against the CJs son. The added that there was no
justification to demand Chief Justice to step down from his position as there
were no allegations against him in person.
Prime Minister Gilani asked Chief Justice to hear the case of his
[Gilanis] son if he could not hear the case of Arsalan due to constitutional
reasons. The prime minister also firmly asserted that neither the Pakistan
Army nor the PPP had anything to gain from the alleged case of graft
charges on Arsalan.

850

Gilani grudgingly added that one of his sons had been dragged into a
Haj scandal, while his other son was implicated for simply making a
telephone call. We are not afraid of these allegations I have been facing
the medias [questions] in this regard for more than four years, while
[Arsalans] case is only four days old.

Taming the military: On 4th June, the Federation again failed to


submit the notification in Supreme Court regarding setting up a political cell
in the ISI during the then regime of Zulfikar Ali Bhutto. On the last date of
hearing the court had directed the Attorney General to submit the
notification of setting up political cell in ISI. During the proceedings, the AG
informed the court that he had written to Secretaries Ministries of Law and
Justice, and Interior but they have replied that notification could not be
found out. The court asked him to submit the notification on June 18.
Regarding Habib Bank and Mehran Bank reports, AG told the court
that all the old persons working in the Law Ministry have retired or died. He
said the incumbent Law Secretary had written letters to Shahid Hamid, the
then Secretary Law and the Chairman of the Commission Justice (Retd)
Muhammad Ilyas that conducted the inquiry. He hoped that they must have
some information about the report, as normally the Chairman of the
Committee keeps a copy of the report. The Attorney General assured that by
the next hearing they would have more clues about the reports. The Chief
Justice said if a private TV channel anchorperson could supply the Mehran
Bank report then why the government still could not find out those reports.
Next day, Asma Jahangir alleged that high level security authorities
had made a plan to assassinate her. She made these remarks at a press
conference held at her Gulberg office in Lahore. Asma said information
about the plot to assassinate her was received through highly reliable
sources. She said the mindset of killing progressive and intellectual people
in Pakistan should be stopped now.
Asma said the interior minister (adviser to PM on interior) contacted
her on phone and deployed the Rangers squad but the security arrangements
were not satisfactory so far. She said President Zardari also made her a
phone call and discussed the matter. She said the Punjab government was
also informed about the situation, but the provincial authorities did not
approach her as yet.
On 6th June, the Peshawar High Court put on notice the DG MI, police
officers and tribal authorities in the missing persons cases and directed them
to appear in court on June 26. Petitioner Anwar Baig, resident of Tora Warai
851

area in Hangu district, had claimed that the police and spy agencies
personnel had whisked away his brother Habibullah on May 5, 2009.
According to the petitioner, the police later handed the missing person to
military officials and since then his whereabouts were unknown.
In the second petition, the court issued notices to capital city police
officer Peshawar and station house officer of the Faqirabad Police Station.
Bacha Zarin, mother of Nasir Ahmad, a missing student of Darul Uloom
Haqqania in Akora Khattak in Nowshera, had claimed in the petition that her
son was arrested by the police in the limits of Faqirabad Police Station on
April 27, 2012 and was now untraceable.

Recessing economy: On 4th June, Prime Minister Gilani addressed


the Command Staff College in Quetta and said prudent policies pursued by
the government helped achieve macroeconomic stability. He claimed that
all economic indicators have shown improvement since we came into
power. Our GDP has grown by 3.7 percent. Inflation currently at 11 percent
will be brought down to single digit next year. Our fiscal deficit has
remained 5.5 percent.
Local producers of liquefied petroleum gas (LPG) increased prices by
Rs6 per kg despite a decline in its international prices. The retail price will
be Rs106 per kg in Karachi, Rs111 per kg in Lahore, Rs115 per kg in KP and
Rs120 per kg in northern areas, Fata, Batgram, and Azad Jammu Kashmir
(AJK).
On 7th June, PM Gilani, to a question about power crunch in the
country, held Nawaz Sharif responsible for the crisis and said had Sharif
government let the work continued on the power projects initiated during
Benazir Bhutto regime; the country would have become self-sufficient in
production of electricity.
Next day, the Central Board of Directors of the State Bank of Pakistan
at its meeting held under the Chairmanship of SBP Governor in Karachi
decided to keep the policy rate unchanged at 12 percent after making an
assessment of macro economic challenges facing the countrys economy.
The economy basically needs fundamental reforms to engineer a turnaround
in economic performance. Inflation expectations cannot be effectively
anchored around single digit targets without limiting fiscal borrowings from
the banking system, particularly the SBP, according to the Monetary Policy
Decision issued after the Central Board meeting.

852

President Zardari said that increased economic activity within the


Shanghai Cooperation Organization (SCO) will help its member countries to
overcome their economic weaknesses. He pinned high hopes on the
economic prospects of the SCO. The total trade volume of SCO member
states reached 4.65 trillion US dollars in 2011, an increase of 25.1 percent
year on year. Pakistan is an SCO observer state.
Zardari held talks with his Chinese counterpart Hu Jintao, during
which Hu called for deepened pragmatic cooperation between the two
neighbors, especially in sectors relating to trade, energy and infrastructure
construction. During the talks, Zardari said he welcomes Chinese enterprises
to expand investment in Pakistan, especially in infrastructure construction
and energy, so as to safeguard Pakistan's economic development and
improve its people's living standards.
The KPK government presented its fifth budget with total outlay of
Rs303 billion for the financial year 2012-13, Annual Development
Programme (ADP) of Rs97.45 billion and 20 percent ad hoc relief to
government employees. Like the previous years, presentation of the budget
was a smooth affair.
On 9th June, Punjab Finance Minister presented annual budget for the
year 2012-13 with total outlay of Rs782 billion. In his budget speech the
minister said the federal government has been doing excesses with Punjab
over power distribution, inflicting serious harm to the industries of the
province and rendering people without jobs. He announced to allocate Rs10
billion for the next financial for power generation keeping in view federal
governments apathy to redress the provinces power woes.
CNG stations remained closed in Punjab, KPK and parts of
Balochistan for the fourth consecutive day due to the All Pakistan CNG
Association (APCNGA) strike increasing the woes of the general public.
Owners of petrol pumps joined the strike of the APCNGA and closed down
their filling stations, as the government took no notice of their strike.
Next day, All Pakistan CNG Association Central Chairman announced
reopening of CNG filling stations and postponement of the strike for three
days after holding a meeting with Petroleum Minister Dr Asim Hussain.
Paracha said the minister has assured the association he would look into
their demands and resolve the issue.

Provincial disharmony: On 4th June, Shahbaz Sharif held the


Federation responsible for power crisis in the province, saying failure to

853

supply electricity to the Punjab was a clear manifestation of the Federation's


criminal negligence and ineligibility. The Federation is treating Punjab with
discrimination on the matter of power supply, he reiterated his regret.
On 8th June, the Supreme Court sought explanation from Ministry of
Water and Power and Ministry of Finance for not issuing Bill of Lading for
the machinery and equipment of Nandipur and Chichokimallian projects. A
bench headed by Chief Justice heard a petition of Khawaja Muhammad Asif
against delaying of the projects.
During the hearing, the petitioner contended that both the projects
were not accomplished well in time due to delay in issuance of Bill of
Lading from the concerned authorities. He said that equipment and
machinery of Nandipur and Chichokimallian projects is still in Beijing and
Karachi. The bench also noted that matter relating to seek opinion of the
Ministry of Law on contracts of both the projects was delayed for one and
half year.

Baloch militancy: On 4th June, two Punjabis were among dour


killed across Balochistan in incidents of violence. On 6 th June, unknown
armed men abducted a man in the Rakhani area of Barkhan. The victim Mir
Muhammad along with his lawyer was on their way to district court when
some armed men intercepted them and took Mir Muhammad away to
unknown location on gunpoint.
Next day, at least 14 people, including five children, were killed and
more than 40 injured in a blast outside a seminary at Sariab Link Road,
Quetta. A powerful bomb went off when hundreds of students and scholars
were attending a degree-distributing ceremony (Dastar Bandi) at Jamia
Islamia Miftah-ul-Uloom, run by prominent religious scholar Maulana
Abdul Baqi. The ceremony was to award degrees to 150 students who had
learnt the Holy Quran by heart.
Eyewitnesses said there was no proper security arrangements at the
madrissa as the people could move easily in and out of the premises when
the blast took place. Two nephews of Jamiat Ulema-e-Islams General
Secretary Senator Abdul Ghafoor Haidari were also among the dead.
Balochistan Governor and Chief Minister condemned the blast and directed
the authorities concerned to investigate the incident and take stern action
against the culprits.
On 8th June, at least 12 miscreants were killed in exchange of fire with
Levies Forces near Pak-Afghan border area in Chaghai. Three tribal men

854

were also killed in the firing. Levies Forces have also recovered cache of
arms and several vehicles from their possession.
Next day, gunmen killed four policemen in a drive-by shooting on the
outskirts of Quetta. There was no claim of responsibility for the latest
incident. The citizens of Quetta have demanded the district administration,
provincial and federal governments for finding permanent solution to daily
killings and provide security to them.
At least five more persons were killed in the ongoing gun battle
between Levies Force personnel and miscreants after which the death toll
has reached 20 on the second day of clashes. A number of armed men fled
towards mountains after killing a tribal elders son.
Justice (retd) Javed Iqbal, head of the inquiry commission on missing
persons, said that there was concrete evidence to show that foreign
intelligence agencies were responsible for the deteriorating law and order
situation in Balochistan as well as the disappearance of individuals.
Addressing a press conference in Quetta, he asserted that no state institution
had confirmed reports regarding the number of missing persons, and added
that baseless propaganda was being created to confuse the issue.
According to the commission, the total number of missing persons
stood at 460, including 18 from Islamabad, 117 from Punjab, 174 from
Sindh 170 from Khyber Pakhtunkhwa, 57 from Balochistan and 24 from
Azad Kashmir and the FATA. He also said the bodies of 42 missing persons
had been discovered in Balochistan.
The commissions chief said that during the past week, 12 people who
had been missing had been recovered from Balochistan. He claimed that
some of the missing persons were in Afghanistan but could not be recovered
because they were in US-controlled territory: We have credible reports
about the 11 to 15 missing persons of Balochistan who are in the Paktia and
Policharkhi jails under the control of the US Army in Afghanistan, he said.
Expressing his dismay over the attitude of those who were released by
their captives, he said that no missing person following release was ever
willing to talk about the forces that had abducted him. Lack of evidence is a
major reason for the low number of convictions on the missing persons
issue, he maintained.

Turf war in Karachi: On 4th June, at least ten people were killed
in separate firing incidents across the metropolis; twelve people including
three women were also injured. Protests were held in several areas of the
855

metropolis against the ongoing of wave of violence. MQM staged walk out
from the Senate.
Next day, three people including a cop and a supporter of MQM were
killed in separate incidents of target killing here on Tuesday. Four suspects
allegedly belonging to the Lyari Gang war group and accused of being
involved in multiple cases of targeted killings and extortion were
apprehended by the CID Sindh in two different raids. The police have also
recovered arms from their possession.
Sindh Rangers DG Major General Rizwan Akhtar called on Sindh
Chief Minister Qaim Ali Shah. The meeting discussed law and order
situation prevailing in the province of Sindh particularly in Karachi city. DG
Rangers apprised the Chief Minister Sindh about measures taken by the
Rangers along with Police for curbing the activities of criminals and antisocial elements. Chief Minister Sindh stressed the need to have constant
vigilance and action across the board.
On 7th June, the scourge of targeted killing claimed seven more lives
in Karachi, including those of a cloth trader and an activist of the banned
Sipah-e-Sahaba. Scores of traders staged protest in MA Jinnah Road. They
blocked the road and chanted slogans against the police and extortionist
mafia.
Next day, two supporters of the ANP and a member of the Katchi
Rabita Committee were killed in separate incidents in the city. Four people
were gunned down and two others injured by armed men late at night within
the Sohrab Goth police remits.
On 9th June, four people were killed and two injured after Irshad, an
active member of area Amman committee, took serious notice and called
Jirga to sort out a petty matter. The jirga decided to send the involved
persons into police custody for legal action. Following the decision, the
committee members, who were on the way to bring these persons into police
custody, came under an armed attack. Resultantly, four out of six committee
members were shot dead.
Meanwhile in separate incidents, three people were killed in different
parts of the metropolis. The Co-ordination Committee of MQM strongly
condemned the brutal killings of M Iqbal and M Khurram by armed
terrorists. Both of them were workers of unit 113 of the Baldia Town Sector
of the MQM.

856

Next day, at least five people were killed and two others injured when
dozens of unknown armed men riding motorcycles opened fire in Musharraf
Colony of Hawks bay area. The deceased belonged to Lyari's Haji Salamo
Group. According to the eye witnesses, a group of motorcycle riders was
roaming in the area since morning. Four more people, including a soldier,
were killed in other incidents of violence.

VIEWS
Power politics
A parlous situation: The grotesque chaos of a PPP government at
work has been on display for the past four and a half years so there isnt
really much that needs relating. The incompetence on display has been
devastating. If it has taught us anything, it is how not to govern. Today rules,
regulations and procedures count for nothing. Officers are transferred
according to whim and fancy and promotions and postings can be bought
and sold. Actually just about everything is up for sale. We have indeed
undergone a transformation in the four and half years of the PPP/ANP/MQM
rule, from a crooked and sham democracy into a full-fledged kleptocracy.
For instance, we now shamelessly concede that crime does not pay as
well as politics in Pakistan and an anything goes system is what suits us
best and if the blame for all this has to be shared between the over promoted
leaders of the current coalition and their delusional view of their own
popularity no one is more responsible than Mr Zardari, our great helmsman,
who nodding and grinning and smiling encouragement like a clumsy dentist
has played the pivotal role.
But they are not the only ones to blame. Instead of uniting to confront
the regime, the opposition and the establishment have looked the other way
and rather than act they have dithered. Sitting on the sidelines and
vacillating between masterly inactivity, on the one hand, and tactical
manoeuvring in key sectors on the other, they have exacerbated the policy
making paralysis that presently prevails. By failing to concert and act firmly
to institute a system of governance where prevailing policy inefficiencies are
rectified they must share the blame for darkening our future.
Pakistan is not threatened by any fanciful theory of being an
improbable state or a historical accident. Nor does religious extremism
pose the kind of existential danger to Pakistan that some would have us
believe The real failure is one of leadership. It has failed to provide
857

security, justice, education, and the opportunity to earn a livelihood; and


people have lost hope that it ever will. No wonder some have taken up arms.
Loyalty is a two way street, you have to give in order to receive.
So what of the future? To get out of our current mess our pundits
advise patience. Elections are around the corner, they say, so there is no need
to upset the constitutional apple cart. As if the new crop of leaders, mostly
retreads of an earlier era, will get us to the Promised Land. As for patience,
yes, it is a virtue but it is as often a counsel of despair, and that we cannot
afford.
So what should be done? A coup is not the answer True, elections
are a good option, in fact, the best but what if all elections will produce is
yet another weak and squabbling coalition? And lets, for the moment,
discount the prospect of a tsunami, So whats left?
Heres a plan. Pakistan faces an economic emergency Politically,
too, the situation is inflamed Furthermore, the impasse that has developed
between the executive and the judiciary is now total. The former seems to be
deliberately and purposefully challenging the orders of the Supreme Court.
Caught between the exhortations of the judiciary not to follow illegal orders
of the executive and the latters determination to brook no defiance of its
directives, senior civil servants have effectively downed tools.
We are not yet at that juncture we were in July 1977 In the
circumstances a politically broad based national government is one way out.
However, as anything broad based in Pakistan is almost impossible to
achieve because political parties seldom agree, a neutral non-political
dispensation for a limited period of time, say two years, is another option.
No doubt a way can be found to give it the required constitutional cover.
Foreign powers that matter, like the Americans, will probably be
happier dealing with a government which is neither dysfunctional nor
isolated However, for the scheme to succeed, the blessings of the major
political parties are essential, failing which a genuinely fair referendum
could be held because otherwise all sorts of complications will arise and we
may once again have to revert to a Musharraf-like sham democracy or
worse, martial law, neither of which this country can sustain.
As it happens, a neutral set up comprising technocrats should also suit
Imran Khan and Nawaz Sharif and a chastened PPP Hopefully some are
working on such an arrangement and have plans to sound out the major
political parties. We should know more in the weeks and months ahead as
the fight between the judiciary and the executive intensifies and key court
858

judgments, some of which have been unconscionably delayed, are finally


announced.
Of course, the timid lot will prefer to wait until bedlam ensues or, as
someone said, the fruit is ripe for plucking. Actually, the fruit is not only
ripe but has begun to rot and may soon turn rancid; hence we have no time
to lose. (Zafar Hilaly, The News 5th June)

Rule of law
What does it tell you? Grief and despair are visible all over the face
of the nation in todays Pakistan. Is there a glimpse of hope anywhere? Is
there a silver lining someplace in sight? Or are we, as a nation, destined to
die from the excess of grief and desperation at any moment? Do we have a
direction? Do we have a discourse? Are we radarless, aimless, purposeless
and exceedingly becoming pointless?
There is never a day when our weaknesses, what seems to be inherent
weaknesses, are not exposed glaringly in our faces and yet, we refuse to
learn. We, as a nation, habitually hide behind lame excuses, and disregard
what can be learned from life experiences or from committing insane
mistakes. We have become motionless, thoughtless, feeling-less, action-less
in a time and moment when continued motion, self-reflection, self-correction
and self-improvement are the need of the hour. We are stuck in time we are
in a whirlpool of self-deception, self-destruction and self-illusion. We are not
moral, we are not ethical, and we are misleading ourselves to a horrifying
national abyss of our own making.
Consider, for instance, the recent episode at Islamabad International
Airport where a Saudi national, reported to be a diplomat, was physically
manhandled and badly beaten up by the airports security personnel It
seems that the present-day democracy has failed us in its ultimate essence:
what we have instead, in the form of national affairs managers, is a
completely distorted, seriously ailing and decisively disorganized,
incompetent political organization and leadership that, in itself, is a threat to
this countrys public management.
Consider the Presidents unilateral decision making in party business
and national affairs: the manner in which the partys leadership was
obtained, the oligarchic nature of political structure developed and the loss
of personal credibility and integrity, to name only a few issues. The list is
exhaustive. Examine the Prime Ministers public conduct: the obvious
disregard for the Supreme Courts judgments, the alleged corruption charges

859

against his family members, the ill conceived political nose-thumbing of


public opinion, the lack of ethical judgments, the massive unprecedented
corruptions under his national stewardship, the growing poverty of the
masses, the financial and economic mis-management, the failure of foreign
and diplomatic policies and so on and so forth.
Democracy only succeeds and flourishes when role models of higher
moral-ethical standards in public conduct are set, demonstrated and acted
upon by the elected leadership. Rhetoric, political manipulations and
misplaced political showmanship are no substitute for real-time work for
public welfare and decency in political behaviour.
Had the convicted Prime Minister resigned from his office on moralethical grounds, had the incumbent written a letter to the Swiss authorities
on the instructions of the Supreme Court, or had the President and the Prime
Minister subjected themselves to the ethical dignity of their respective
offices and democratic norms, the nation would not have been standing at a
crossroads facing the dilemmas of its present political-economic sufferings
and a questionable future. Will our unbearable pains become our remedies?
(Dr Haider Mehdi, TheNation 5th June)
The dual Malik: Violations of the law continue in every fashion in
the country. The Supreme Court, having lost patience after about 10
hearings, has suspended Interior Minister Rehman Maliks Senate seat
meaning that in effect he no longer holds the post of a minister. The court
has said it is unconvinced by the proof produced by Malik that he had
given up his British nationality ahead of filing papers for the Senate in
March 2008. The SC decision comes as a slap in the face for both the
minister and his legal team. Malik, we have to remember, apart from his role
in handling internal affairs is regarded as one of the most trusted men around
President Zardari and as such an indispensable part of the present setup.
The stern action by the SC bench should set a good example for all.
Laws need to be respected and the Constitution followed if we are to have
any kind of order in our country. The failure to adhere to this simple
principle has already brought us close to ruin. But rather than taking heed of
the verdict issued by the court, the government has acted at once to subvert it
and Malik has promptly been made advisor to the prime minister on interior,
meaning that he essentially continues the functions he has already been
performing with so little success. No doubt he will also retain all the perks
and privileges which go with being a minister. In other words, the PM has

860

again demonstrated a complete lack of respect for the highest court of the
land. This is a serious matter which should not be trivialized.
The issue is not only that of dual nationality which is forbidden to
parliamentarians by law but also that of cheating and lying before the court.
The evidence Malik and his team had sworn they would come up with never
surfaced. The court has already indicated it is not willing to tolerate this.
Farahnaz Ispahani has also lost her National Assembly seat for holding dual
nationality. About ten other parliamentarians are under scrutiny. What is sad
is that instead of setting good examples our top leaders do just the opposite
and, by acting in this fashion, further weaken the rule of law in a country
where it has already sunk extremely low. (Editorial, The News 6th June)

Defiance of judiciary
Difficult justice: The case of Chief Justice Iftikhar Chaudhry
summoning his own son Arsalan Chaudhry on reports of financial corruption
is a unique one in our history The interesting point is that while these
details were being widely whispered about, no one had brought any formal
charges of corruption against Arsalan or accused him outright. In the
absence of formal charges, the CJ was not legally obligated to summon
Arsalan or Malik Riaz. Yet, he took suo motu notice on what seem to be
moral grounds because he clearly realized that the authority of his office,
the respect and integrity of his person and the reputation of the judiciary as a
whole might become hinged to this case. The manner in which the story
started doing the round does raise suspicions of a controlled leak or a
targeted campaign to sully the reputation of the top judge of the country
without presenting a single shred of hard evidence. Thus, it is a welcome
step that the CJ has decided to hear the case and get to the bottom of things.
While Arsalan has denied taking money or even meeting the Bahria
Town chief executive, the proceedings of Wednesdays open court saw a top
TV anchor testifying that Malik Riaz had met with the anchor and showed
him copies of documents suggesting financial links between Arsalan and the
Bahria group. Other credible journalists have also made these claims but
outside the court. It is of course way too early to say what happened. But
stories have surfaced here and there suggesting Arsalan may have been set
up, with government connivance, in a bid to defame the CJ. One adviser to
the prime minister has even predicted on Twitter that next Sunday a
prominent London newspaper will publish a detailed report on this issue.
How he knows is the question. The matter needs to be probed and the details
established beyond any doubt because this is not just an issue of an errant
861

son or a manipulative business tycoon but also one about the integrity of the
SC itself.
Opinion is divided on the question of whether the CJ should be part of
the bench hearing a case involving his own son. However, we must also not
forget that there would not be a hearing but for the CJs own initiative to
take suo motu notice. Moreover, if the CJ does end up presiding over this
bench as the case progresses, there will be exceptional pressure on him to
remain impartial, and even the slightest relief to any of the accused will be
misinterpreted. This could actually act as a check against biases creeping
into the proceedings. It thus remains to be seen what decision the CJ will
take given the pros and cons of continuing on the bench. Finally, in what can
be called a positive development, this case has also brought to the fore the
question of kings and kingmakers in Pakistan and may pave the way to
question the workings of corporations and big businesses, and their open
flirtations with power centres in Pakistan. So the Supreme Court has to find
out whether this is a story of corruption, or a case of a bid to damage an
institution by hurting its chief. The CJ seems determined to ensure that the
full truth emerges in the matter, and this fact alone is worth applauding given
the involvement of an immediate family member of his in a case that
allegedly involves shady deals and perhaps far more mischief than that
which is visible to us at the present. (Editorial, The News 7th June)
CJs correct decision: Chief Justice Iftikhar Muhammad Chaudhry
has heeded the counsel of Attorney-General Irfan Qadir that was based on a
clear legal compulsion and dissociated himself from the case of alleged
corruption against his son, Dr Arsalan Iftikhar, leaving it to a new bench to
hear the case and pronounce. A day earlier on Wednesday, though, he
appeared determined to head the three-member bench he had constituted for
the purpose, affirming his commitment to uphold the law and show no
quarter whatever to the accused if found guilty. The Chief Justice vowed that
he would go to any length to defend the honour of the court. Indeed,
considering the long list of suo moto notices that Justice Chaudhry has
issued in the recent past in cases where grave wrongs appeared to have been
committed, it was morally binding on him to take a similar notice of the talk
of the town about the alleged corrupt practices his son had indulged in
involving an amount of between Rs300 and Rs400. But, had he insisted on
hearing the case, it would have been contrary to the principle he had himself
laid down.
At the Thursday hearing, two private TV anchors who had been called
to the court to depose what the real estate tycoon Malik Riaz had told them
862

about Arsalan, produced a plethora of information that tended to implicate


him in dealings which would raise serious questions about his probity.
According to the counsel of Malik Riaz, he could not present himself before
the court since he was under medical treatment abroad. The anchors could
not present written evidence to prove the point because, they maintained,
Malik Riaz of the Bahria Town had only shown it to them but refused to
hand over. It included details of free foreign trips, stay, shopping and
instances of other corrupt practices all at the expense of Malik Riaz and
family. To an anchors question, which he had put to Malik Riaz about what
benefit he had taken in return for these favours, he had replied that so far he
had taken none as 42 cases were lying pending against him in the court. The
Bahria Town chiefs version of events is yet to be heard.
There is little doubt that the Supreme Court, which has been fearlessly
taking up cases of corruption and malpractices committed by the
government or its agencies and disposing them off with impartial verdicts,
would live up to this tradition by showing the same spirit in pursuing the
case against son of its own Chief Justice. (Editorial, TheNation 8th June)
The CJs decision: Chief Justice of Pakistan Iftikhar Muhammad
Chaudhry has decided to step down from the bench hearing the suo motu
case of his own son, Arsalan Iftikhar This shows that the CJ was not
engaging in hyperbole each time he claimed that everyone was equal before
the law and the law was equal for everyone. He has proved that whosoever
tries to pervert the course of justice will be taken to task whether it is the
chief executive of the country, the all-powerful intelligence agencies or
someone from the CJs own family. Indeed, with senior judges calling
politicians, government officials and even military commanders to account
in recent times, no one can deny now that the superior judiciary in Pakistan
has really come into its own.
The CJ must also be similarly lauded for deciding not to head the
bench before which Arsalan Iftikhar will appear, given the obvious conflict
of interest and violation of due process it could entail. However, before
stepping down, the CJ said that if it were up to him he would have put both
Arsalan and Malik Riaz in handcuffs. And indeed, Thursday saw some
serious allegations emerge against both parties, especially as senior Geo TV
anchor Kamran Khan shared exhaustive details The court has asked Malik
Riaz to appear in court, and he must do so, not just to explain why he paid
Arsalan all this money for almost three years, but also why he ultimately
decided to stop doing so and went to select journalists with evidence of the

863

payments. What was the purpose of doling out this money and what pushed
him to ultimately out the details to senior journalists?
On Wednesday, Geo anchor Hamid Mir had told the court that the
powerful army and intelligence services might be manipulating Malik Riaz
in order to get at Justice Chaudhry for pursuing cases related to illegal
detention and extrajudicial killings by security forces. Others have suggested
this could be a conspiracy by the PPP-led government to malign the
judiciary, embroiled as it is in a longstanding conflict with the judiciary over
its own acts of corruption and their consequences. In any case, if this is a
conspiracy to undermine the CJs reputation as well as the judiciarys, the
only way to find out is to get to the bottom of the allegations against Arsalan
and Malik Riaz. And the Supreme Court appears determined to do just that.
If many more gates open in the process, so be it. (Editorial, The News 8th
June)
In the name of the father: Never even in his wildest imagination
could Arsalan Iftikhar have expected to become a poster boy for unbridled
avarice. Who could have predicted that while five generals had failed to
bring his father to his knees, the son could have delivered a crushing blow
all by himself?
On his first appearance in court on Wednesday, Arsalan had managed
an air of false bravado. On Thursday, however, he was reduced to a pale
shadow of yesterdays self. Pensiveness had replaced feigned aplomb and
the mood only grew darker as Geo News Anchor Kamran Khan carried on
with his deposition. Indeed, if even half of what Kamran Khan shared turns
out to be true, Arsalan is either an idiot savant or an obnoxiously cocky
young man who simply didnt give a damn about the consequences of what
he was doing as long as he could have his fun, and that too at someone
elses expense. So what if many would now like his father to pay the price?
His alleged acts of corruption thoroughly documented and on the record,
read like an accountants wet dream.
In a brief interaction with the media, loading his statements with a lot
of I didnt know this at the time, and I paid back this person or that,
Arsalan has already confirmed that he engaged with Malik Riazs Bahria
Town enterprise. So at least thats out of the way. On the other hand, he has
also argued how he could take money from Malik Riaz when he has never
even met him, ever. Maybe he needs to be told that none of the players who
received money from Younus Habib in the dirty ISI-funding scheme had

864

ever met the banker. You dont need to meet people to meet their money,
son.
But sarcasm aside, the ongoing saga has raised some critical
questions. Is this case about yet another allegedly dirty first son entering into
an unholy alliance with another unscrupulous business tycoon? Is it another
example of the tragic trend of the lands high and mighty feeling secure in
the conviction that they are beyond accountability?
Or is this simply about felling a man who has become a paragon of
justice and honour?
The chief justice has already done the two most honourable things
expected of him. Without waiting for the filing of any formal charges or
complaint against his son, he took suo motu notice of media murmurings
and ordered a full-blown public hearing in the affair. He then recused
himself from the bench hearing the case to avoid charges of conflict of
interest. After all, the supreme courts strength lies in its moral propriety and
Justice Chaudhry has upheld it, yet again. One is reminded of the words of
Christopher de Bellaigue in his biography of Iranian Prime Minister
Muhammad Mossadegh: He was not a soldier, deriving prestige from the
pips on his shoulders and the shine on his shoes. He did not borrow his
authority, like a mullah, from God. It was all his own.
It is all the CJs own too.
So where do we go from here? The classic way of establishing the
identity of hidden perpetrators of a crime is to first ascertain the
beneficiaries of the outcome of such a happening. So who benefits if Chief
Justice Iftikhar Chaudhry falls?
Lets see. The ruling PPP government would surely love to see his
back. From gunning for the president on corruption charges, convicting the
prime minister for contempt, to incarcerating ministers for graft and
suspending MNAs for being dual nationals, the SC has been a thorn in the
governments side for the past four years. Not only that, the CJ has never
shirked from rattling the executives collar for every perceived act of
misgovernance.
But lets be clear: there is no evidence as yet to suggest the
government is at all involved in this latest saga. And yet, some in the PPP
have themselves sullied the partys name by being shamefully public about
their glee at the CJs travails. Fawad Chaudhry, until yesterday a dictators
peddler and now the prime ministers adviser, God help Gilani, has been
865

paying for the CJs blood, especially on Twitter and ironically in the name
of morality and propriety. This at a time when the only advice one would
give the PPP-led government is to stay as far away as possible from this
scandal. Even Geo anchorperson Hamid Mir said that when he asked Malik
Riaz if the government had put him up to hatching this mega-scheme, the
business tycoon said the president had in fact advised him to keep the whole
thing under the lid and in fact to not get involved in any such scheme.
But obviously, Fawad Chaudhry knows better than Zardari. My
humble opinion, however, is that if theres any real advice for the PPP, it is
to stay neutral. Fawads ramblings on Twitter certainly wont help.
Then there are the intelligence agencies who are incensed by the CJs
irritating habit of ferreting out missing persons from their unannounced
custody. His unrelenting hammering away on various human rights-related
issues has made them look like unremorseful rogues loathe to changing their
ways. And since they wont change, why not help change the man standing
in their way? Thanks to the CJs focus on Balochistan and the missing
persons issue since 2007, both matters have been forced into the national
debate and are no longer seen through a purely security paradigm.
Nobody would be happier than the security agencies to see the CJ beat
a hasty retreat and that too in indignation.
Then of course, there is the mightiest of the mighty, our holiest holy
cow, Malik Riaz, who needs to tell us why he was paying if he was
Arsalan all this time. According to Hamid Mir and Kamran Khan, Malik
Riaz has told them it was the CJs son who was blackmailing Malik Riaz,
threatening to adversely influence the Bahria Town cases pending in the
Supreme Court if Malik Riaz didnt continue paying up. The other theory of
course is that it was Bahria Town that approached Arsalan in the hope that he
could positively influence the CJ into letting the boss off the hook. Which
theory sounds more convincing?
As powerful as the CJ is and as popular, the fact of the matter is that
no Arsalan Chaudhry can dictate terms to a man of Malik Riazs wealth and
influence. Not only does he have the politicians in his pocket, he also
maintains strong ties with the army. And while the CJ exercises all his
influence and power while sitting on a bench, in broad daylight, much of
Malik Riazs power comes from his subterranean hobnobbing with the
powers that be. Indeed, when people question why Malik Riaz would engage
in a scheme such as the one that has come to the fore one that may end up
damaging the CJ but would certainly see Malik Riaz sullied himself they
866

forget something very basic about how power works: it corrupts, yes, but it
also deludes. How many of the mighty have fallen just because of an
unshakable belief in their own infallibility?
The capital is now abuzz with whisperings of how this scandal even
if it has nothing to do with the CJ except that it involves his son will be
used to bring down the top judge. The issue will be packaged as the CJ
having become a liability for the court, thus forcing him to resign for the
greater good of an institution that he has spent a lifetime serving. We need to
stand guard against any such schemes and not let the CJ pay for something
he hasnt done. But we must also ask as many already are that even if the
CJ did not err as the top judge of this country, did he look the other way as a
father? (Mohammad Malick, The News 8th June)
Caesars wife and the burden of suspicion: So does My Lord the
Chief Justice, on whose side emotionally guys like me will always gravitate,
realize how the wheel comes full circle? He was our St George pursuing the
dragon of corruption and wrongdoing in high places. And since the stars are
not without their share of irony, sharp and interested eyes are seeing the
footprints of the dragon reaching up to his own front door.
It doesnt matter whether young Arsalan, his son, was the beneficiary
of gifts coming from the generous hands of Malik Riaz, arguably the most
powerful person in Pakistan today, more powerful in my opinion than the
commander-in-chief of the Pakistan Army. Former generals and admirals are
in his pay. Islam may be our avowed faith but the passion which really
sways our good and great is connected to the holy kingdom called real
estate, whose crowned head is Malik Riaz.
What matters is that Arsalan has been touched by the breath of
suspicion and when it comes to Caesars wife, or son as in this case, that is
enough. Both, if the state of the Republic is to be counted as healthy, must
be above suspicion.
There is another irony at work here. The same media forces which
gifted us Memogate, making a firework out of a molehill, are behind this
latest scandal. Not a shred of evidence has been produced showing the
money connection between Arsalan and Malik Riaz. It may well exist but we
could have done with some evidence and investigative reporting. The
commentaries could have come later. But it has been the other way around
here, the Supreme Court calling for details and everyone concerned earnestly
engaged in scurrying for cover.

867

This is exactly what happened in Memogate, the media blitz so strong


that the CJ and the army chief both fell for it. This time theres been no blitz,
just a whispering campaign. But so insidious that CJ Chaudhry felt
constrained to act. But, I fear, he may have acted in haste. After all, this was
a matter involving his son. As a trained lawyer, a former advocate general of
Balochistan, it should not have been difficult for him to get at the truth,
sitting Arsalan across the table, and then, if any impropriety was established,
deciding what to do.
Even if there is any truth to the worst of the allegations about Arsalan,
he is guilty of impropriety. A son of My Lord Iftikhar Chaudhry of all people
should have nothing to do with someone like the honourable Riaz Malik. If
they do they are courting temptation. And if, as a consequence, they find
themselves in a soup they have no one to blame except themselves.
When the Islamabad Defence Housing Authority (DHA) Bill came up
before the Defence Committee of the National Assembly I opposed it
strongly and wrote a dissenting note, on the simple grounds that the army
should receive no special favours when it came to housing colonies.
Malik Riaz had a deep interest in the matter and kept calling me.
(Where his interest is involved, let me say, he is nothing if not persistent.)
Against my better judgment I was persuaded to come on a guided tour of
DHA Islamabad, the great Malik at the wheel himself and I on the front
seat...taking in the vast construction work underway, bulldozers working day
and night, the land acquired, some of it forcibly. It was all very impressive
and I felt some of my cynicism subsiding. Then there occurred an error
which set me thinking. When the tour came to an end and it was time for
coffee, ready for a PowerPoint presentation, stick in hand, was a rather
sheepish-looking administrator of the DHA. What on earth was he doing
there, less administrator and more like a hired underling? I knew I had made
a mistake. Making my excuses I hurriedly left.
Arsalan being who he was should have known what company to keep.
Even if the sums being bandied about 30, 40 crores are put to one side,
the mere association between him and the tycoon in question should count as
an impropriety, especially when we are talking of St George on his white
horse and the king of real estate with so many irons in the fire.
But such things are not easily proven in the Islamic Republic. We are
a remarkably free country in this sense: anything goes. Wholl depose
against Arsalan? If we know our Malik Riaz, not him. So my guess is that all
we are likely to get is another Memogate, sound and fury amounting to very
868

little, Chaudhry partisans solemnly shaking their heads and saying that in
investigating his own son he has emulated the example of the first caliphs;
and media gladiators, of whom there is never a shortage in our land,
throwing dark hints about the forces behind this conspiracy, and foretelling
disaster and constitutional mayhem.
The silliness has already started. Malik Riaz may be the man behind
the rumours but he has said nothing on record, nothing that can be quoted or
held against him. Giving currency to the rumours and bearing witness are
some champions of the TV screen. But if the case is to proceed and My Lord
the CJ clear his name and honour, it must rest on something more solid.
So, not surprisingly, we are being treated to the spectacle of My Lord
the CJ trying to glean information from Malik Riazs Bahria Town whose
officials, retired generals amongst them, are playing mum, as was only to be
expected. And since we are not going to get media personalities deposing
anything on oath anytime soon, what we will be left with is another trail of
unsubstantiated rumour.
The record of recent judicial commissions is not very inspiring. The
Abbottabad Commission is still dancing in the shadows. Memogate is
something the SC would give anything to forget. In the Asghar Khan case
the SC is taking its time charting a clear course even though solemnlyaffirmed testimonies are available in this case. Given this shining record, are
we likely to see anything clear-cut or dramatic in something as hazy as the
Arsalan allegations?
What this latest episode emphasizes is a truth we are all familiar with:
in the Turkish bath of Pakistani politics no one is fully clothed. To a lesser or
greater degree everyone appears to be on the take. Standards that should be
guiding us simply arent there. We all seem to be in a hurry to get ahead, no
matter what the means. Hence the conundrum we face: while the country as
a whole seems to be doing poorly, favoured individuals, and their number is
not small, seem to be doing very well: collective regression or
impoverishment, individual progress.
One can go on and on and make a dismal litany of it. But just imagine
the consequences of this latest piece of national theatre: for all his faults, and
uncharitable souls can point to a few, My Lord Chaudhry is someone so
many of us have looked up to. Our history is full of judicial stuffiness, the
higher judiciary pandering to the whims, dancing to the tunes, of tin-pot
dictators. Chaudhry has asserted judicial independence and taken up issues,

869

like those of missing persons, no apex court has dared touch before. Dragons
may not have been slain but a host of good causes have been upheld.
And now ugly rumour arrives at his door. But he should take it in his
stride. Such things happen but they come and go. If there is one thing
constant about life it is that nothing is permanent, everything passes. This
too will pass. And perhaps, if we are lucky, we may learn something from
the experience.
Tailpiece: A newspaper picture says it all: former generals Shaukat
Sultan and Ehtisham Zamir representing Bahria Town in the Supreme Court.
Generals of the Wehrmacht acting as real estate agents: mind-boggling
thought. (Ayaz Amir, The News 8th June)
Kleptocracy in focus: The chief justice did the courageous thing by
taking suo motu notice of the clandestine affair between Malik Riaz and his
son Arsalan Iftikhar that had spread like wildfire through a crafty whispering
campaign. And after putting the judicial wheels in motion to hold to account
his son and Malik Riaz, and throwing his weight behind affixing the liability
of the two in a transparent and impartial manner in an open court, he did the
right thing by recusing himself from the case. Those who argue that the
accusations rooted in gossip should have been shrugged off are wrong. The
conduct in question might be that between two private individuals, but one
of them being the CJs son, the insinuation was that illegal gratification was
offered and accepted to influence the outcome of court cases pending before
the Supreme Court.
From the disclosures made by journalists so far it is obvious that
documents and accounts (and probably even videos?) were meticulously
kept to drag the name of the CJ through dirt and consequently bring into
disrepute the integrity and credibility of the apex court. The matter therefore
didnt relate to the CJ alone, but would bring under cloud the competence of
the highest court of the land to dispense justice not adulterated by
considerations of favour. And this in turn would bring into question the very
notion of the existence and utility of rule of law in Pakistan by lending
credence to the view that (i) law is not a shield for the weak but a weapon in
the hands of the powerful to keep in subjugation the lesser mortals in
society, and (ii) unimpeachable integrity is a defunct concept as every mortal
is up for sale at the right price.
Such jaundiced view of the state and society is not a figment of
cynical imagination but is rooted in the reality that the ordinary Joe is
confronted with on an everyday basis. By all rational accounts we are living
870

in a kleptocracy: a government of the extortionist, by the extortionist, for the


extortionist. The state is in default of its contract with the citizen. You no
longer have an entitlement to your rights even if you do your duty as a
citizen. And consequently you have to pay for everything, even to protect
your most basic rights to life, liberty and dignity. And if you are ready,
willing and able to pay, it doesnt matter if what you seek is right or wrong.
State largesse flows through channels of personal patronage. Personal
loyalty trumps merit. There is no distinction between honest and dirty
money. And there are no principles remaining, only interests.
And consequently instinct demands that one accumulate as much
wealth and influence as possible and use it to build social networks of
protection to replace the role of the state. And it is people like Malik Riaz,
who have mastered the ways of this brave new world where money buys
influence, influence yields more money, and with the use of money and
influence to cajole the powerful and coerce the weak there are no limits to
what you can accomplish. But not everyone in this state and society is
comfortable with the rules of our evolving kleptocracy. And when someone
who has reached the highest echelons of power within the state, like the CJ,
refuses to be bought or otherwise inducted within the kleptocracy, the stakes
go through the roof.
Within the kleptocracy that we are referring to, the kith and kin of the
powerful do exceedingly well. Why should it be surprising that the mediocre
son of our CJ grew a sense of entitlement to receive preferential treatment
and climb the ropes without paying his dues? Does such lack of discretion
and propriety reflect poorly on Iftikhar Muhammad Chaudhry, the father? It
probably does. But does it undermine his integrity or credibility as a judge
and a public-office holder? Absolutely not. In exposing the dealings between
himself and Arsalan Iftikhar, Malik Riaz has used the nuclear option. Why
would anyone need to employ means of last resort in the event that quiet
persuasion is working? According to media accounts, Malik Riaz leaked
details of sponsoring the merry-making of Arsalan Iftikhar because his
investment wasnt paying off.
So what we have so far is this. By his own account, Malik Riaz paid
Arsalan Iftikhar to influence the outcome of judicial proceedings pending
before the Supreme Court. Was he forced to do so because the wily Arsalan
was blackmailing poor Mr Malik? Improbable, and Mailk Riaz would need
to adduce evidence to establish that he was at the receiving end of this
clandestine relationship with the imprudent 34-year-old. As Arsalan Iftikhar
was not holding court and adjudicating cases implicating Malik Riaz, he
871

would in fact need to establish that the CJ was in fact blackmailing him
while using his son as an agent. Without this, and in view of information
disclosed by Malik Riaz himself, he could be charged for offering illegal
gratification to influence a public servant.
This could make him liable under Section 165-A read with Sections
162 and 163 of the Pakistan Penal Code as well as Section 9 of the NAB
Ordinance. If it were established that Arsalan Iftikhar accepted the
gratification with a view to influence the discharge of functions by the office
of the CJ or other public servants due to the exercise of his personal
influence, he could also be liable under Sections 162 and 163 of the PPC.
Now that details of this scandal are out in the open, it is essential for the
apex court not to take a narrow view of this affair in the event that Malik
Riaz backs off and doesnt adduce any evidence before the court, but instead
exercise its inquisitorial powers to collect and decipher facts to ensure that
both Malik Riaz and Arsalan Iftikhar are held to account for their actions in
accordance with the law.
In this debate, Malik Riaz must not be seen as a solitary individual.
He might be a good friend, a loving father and a rich man who believes in
charity. But he is also a phenomenon that highlights the growing predatory
instincts of our society. This phenomenon has cultivated the myth of
infallibility and immortality of the powerful within the society. It has
defeated the conventional wisdom that if you are caught with hands in the
cookie jar society holds you to account and respectable folk refuse to
associate with such delinquents. It has established that irrespective of
personal repute, money can buy the best professional assistance. It has
proven that if cut a piece of the pie everyone is willing to play ball. This
phenomenon has established an ethic of success that labels right and wrong
as irrelevant for those who aim for upward professional and social mobility.
The CJs commendable action of dragging his son before an open
court and laying his ethical failings in plain public view is a defining
moment in the fight between continuity of the depraved status quo and the
desire for change. As nothing succeeds like success, the strength of the
entrenched kleptocracy is rooted not in its popularity but in its efficacy. Our
ruling elites across the political class, the khakis, the bureaucracy, the
media and the lawyer fraternity etc are mostly its beneficiaries.
The few who still have qualms about meddling in grime have turned
apathetic having made their peace with the ground reality they cannot
change. In this environment, the action of the CJ to stand by law and
872

principle, even as he subjects himself and his family to public scrutiny and
possible embarrassment, has provided a unique opportunity to stand up and
fight the kleptocracy. We must not fitter this opportunity away. (Babar
Sattar, The News 9th June)
Tehlka hoshruba: Despite the fact that we knew how things are done
and favours granted and sought in this country and many others like it, still,
the awesomeness of this particular plan as it unravels does boggle the mind.
We always knew that Malik Riaz was one big and powerful real estate
tycoon. But we did not quite realize the extent and how the whole country
was nothing, but a shopping mall for him with everybody and everything
for sale.
Malik Riaz had not catered for the fact that, in this particular case, his
sneak previews to anchors and journalists of choice would result in a suo
moto notice so quickly. For once, I think, he miscalculated. The proof that he
showed to a select few, on the surface, seems authentic enough of the fun
that Dr Arsalan Chaudhry, the CJs less than illustrious son, has been having,
for a whole three years at Malik Riazs expense. If we can read things right,
the Chief Justice is quite prepared to make an example of this case, in the
light of the best Islamic traditions and notions of justice. Malik Riaz told the
selected journalists that he has spent or paid up to Rs40 crores to Arsalan,
implying that he had been promised relief in the cases against Bahria Town
in the courts. When he did not see anything happening even after three years,
he felt it was time to leak some information to the press, where he had
presumed it would remain a scandalous subject of discussion and harm the
integrity of the Chief Justice and the Supreme Court.
The best of the best PR campaigns could not have brought Malik Riaz
the sort of fame he is wallowing in now. Himself, no longer even the
Chairman of Bahria Town on official documents; he is sitting far away
somewhere unable to show up in the Supreme Court, as asked because of
reasons of health. We would like him to take the situation to its logical
conclusion and lodge an official complaint against Arsalan Chaudhry in
order for a full investigation to take place in to the matter. Even though it is a
well known fact that Malik Riaz is not very well educated, but it is not
possible to fault his intelligence and abilities. The list of retired generals and
senior officers in his employ make a case study of how to overcome hurdles
that stand in the way of getting ahead in business.
Way back in 1999 when General Pervez Musharraf took sudden
charge of the country making himself and those in his inner circle instant
873

celebrities, I too had a chance to savour the way this country functions,
albeit on a very small scale When time came to clear the bill there was a
lot of stalling. It was implied that that it will only happen if my brother-inlaw calls him. He (Malik Riaz) wanted it acknowledged in the influential
quarters that he had done me a favour! This is how it has always been in this
merry-go-round in Pakistan. So much for being simple and nice!
Coming back to the present, the Supreme Courts strength lies in its
moral propriety and so far it has come out well. Perhaps, there is a reason for
everything. Perhaps, and we certainly hope it happens; there will be no cover
ups for all the other famous, erring sons of the powerful. Perhaps, this might
set us on the road to change that we so crave for. While we have a list of all
those who stand to benefit if the Chief Justice and the superior judiciary is
weakened, we need to have the complete low down on all the favours and
bounties that Malik Riaz has bestowed on different people in different
institutions to keep things smooth for himself. The gifts and the foreign
tours, the works. It is our right to know. Those are the lists that need to be
exposed. It is also important if we are to change in the future. It is one heck
of an unlearning to do but unlearn we must, to develop a culture of merit and
justice for all! (Tallat Azim, TheNation 9th June)
Drama: Money, lies, video tapes and real estate. Facts, speculation
and incomplete evidence. This drama has it all actors, a stage, audience
and a purpose. The same theatre, over the past couple of years, has seen a
prime minister plus his minister and a dozen other nerve-wracking dramas.
Stakes, this time around, are higher than the Himalayas trillions of rupees,
the longevity of a ruling coalition or the monopoly over terror of the deep
state.
There are at least five facts. One: there are powerful, powerful
interests out there dying to malign the Chief Justice of Pakistan. Two: a
scripted drama revolving around two central characters Arsalan Chaudhry
and Malik Riaz is being played out. Three: one of the central characters
happens to be the son of the sitting Chief Justice of Pakistan. Four: there
hasnt been a single allegation not one against the person of the CJ. Five:
there is no public money involved (at least no so far).
Next; a whole host of messages expressing opinions based on
incomplete evidence are echoing all around the theatre. There is speculation
that those powerful, powerful interests are being successful in their evil
designs at least partially successful. There is speculation that the drama is
being played out based on a pre-written script. There is speculation about
874

who the real authors of the script are civilian, uniformed or a joint venture
(the Arsalan-Riaz engagement allegedly began in 2010 while the missing
persons case is only a year old).
The two things that are missing from this drama are dance and music.
The real purpose of the script must have been to bring down the CJ on his
knees making forces that are bent upon remaining above the law dance to the
beat of their bank accounts. But there is neither dance nor music because
real life stagecraft is a social science and in social sciences there exists the
theory of unintended consequences.
Unintended consequences in this drama can be of two types. One: a
windfall that wasnt even expected by the script writer(s). Two: a perverse
effect contrary to what was originally intended by the author(s). For
example, the CJ becoming even more aggressive after this drama.
First sons have always been protected by our presidents and prime
ministers. This is a first history in the making. Shakespeare said, It is a
wise father that knows his own child. An unwise father? Perhaps. An
unwise judge? Not a hint of that not so far.
There are three players on the stage political parties, the judiciary
and the GHQs. On a stage where political parties stand discredited, a
tarnished judiciary will make the GHQs even more powerful and that may
or may not have been the intention of the script writer(s).
The king cobra of our real estate cobras has played his king. Is there
someone who has an ace? Remember; the authors of the script are still
holding back cards that they havent shown.
Who will eventually sing: I fall and I rise, with the fire still in my
eyes; My scars and my stripes, You know I will survive; The strength that I
find when I dig down deep inside; Got me still in this fight, and Ill be the
last man standing. (Dr Farrukh Saleem, The News 10th June)
Minus one: version two: For anyone with an iota of common sense,
the matter is pretty simple. The Chief Justice has been viewed as a party
pooper by the well entrenched power club misruling the country. His
insistence on going by the book without fear or favour is an anomaly in the
top floor of the power structure where everybody scratches everyone elses
back and nobody is held to account for their crimes and commissions. The
pie is neatly divided and everyone gets a piece of it. Nobody wants to rock
the lawless boat because they are all in it.

875

Obviously, for this one happy family of haves, who would like to add
endlessly to what they have using their power and influence, someone like
the Chief Justice who tries to bring them to the book is a sore sight that they
could do without. Theyve tried to get rid of him before and the recent
scandal is the latest version of their plan to remove this hindrance in their
orgy of loot, plunder and lawlessness
While the proceedings of the case will bring forth the facts about who
gave how much money to whom and for what reason, the drift of the scandal
is quite obvious. It also tells us something about the source of the whispering
campaign. A shady business tycoon with friends in many high places, and a
self-proclaimed kingmaker, held meetings with many influential journalists
to convince them that the Chief Justice was not above board From here,
the story varies about why he decided to share information with journalists
regarding his bribing.
We will find out the truth about the accusations against Dr Arsalan in
the coming days, but there is nothing that could connect his doings with the
working of his father And when it became obvious to these perverse
power-players that the Chief Justice could not be corrupted, they trapped his
son, or tried to do so, to weaken his moral authority and sully his good
reputation. All this is clear as daylight.
Parents are not accountable for every sin committed by their children.
Even if Dr Arsalan did something wrong, it cannot be used to target the
Chief Justice and create controversy around him. That doesnt stop some
people from trying it though. The scandal is being used, as per the plan, to
raise questions about the Chief Justice and to bear him down with the weight
of what his son did. Those who were never comfortable with the Chief
Justice and have found one reason or the other to criticize him, are now
suggesting that justice cannot be done unless he resigns. They do not stop to
question why the shady tycoon paid the bribe and are not interested in
bringing him to justice. They are not interested in why the tycoon kept the
record of his bribing and why he chose to disclose it to individual journalists
without handing over the documents.
So, was Malik Riaz alone in hatching this conspiracy against an entire
nations hope? The government has denied any involvement though the
conduct of its Attorney General makes it look otherwise. On the one hand,
he says that the court should not give any special treatment to the case and,
on the other; he has asked the court, like Malik Riazs counsel, to constitute
a larger bench. Some PPP wallahs have started asking for the Chief Justices
876

resignation due to the scandal. Commentators point out that the tycoon is
close to Zardari and has links in the army, thanks to some 11 retired generals
on his payroll. While the governments displeasure with the Chief Justice
does not need any explanation, the CJ seems to have stepped on some khaki
toes as well in his attempt to bring their working within the ambit of law. It
will not be difficult to tell who Malik Riazs partners in this conspiracy are.
We will know by their conduct in the coming days. (Jalees Hazir, The
Nation 10th June)
Moment of truth: Is it a coincidence that a US-based journalist and
group editor of a Pakistani newspaper revealed the details of the from rags
to riches story of the son of the Chief Justice in a novel way by posting a
carefully worded discourse on YouTube? The interview narrated a sting
operation in which Arsalan Iftikhar was showered with benefits of millions
of rupees in the guise of corporate expenses and business deals during the
last three years by the property tycoon Malik Riaz Hussain, a man of
immense wealth and connections (except with the Supreme Court) No
documentary evidence has been produced, but is claimed to have been
shown to a few television anchors.
The episode is also being construed as a conspiracy to discredit the
Chief Justice, who has acquired an unprecedented significance of integrity
due to his fearless treading a path that no one had dared before. It is also
alleged to be a blackmail of the Bahria Town tycoon by Arsalan Iftikhar,
who became greedy and asked for more without delivering favourable
judgments in the cases pending in the Supreme Court.
The carefully planned and executed three-year operation could as well
be a deep conspiracy with innumerable sinister objectives or it could just be
a simple case of a resourceful but disgruntled victim frustrated with being
cheated or taken for a ride by an irresponsible young man. The timing and
the purpose of the interview could be to create an internal unrest in an
already unstable country with formidable domestic and external pressures or
it could be to pre-empt the sting operators and expose the scandal before
time, in order to provide an opportunity to the Supreme Court to clear the
name of its Chief Justice by following due course of law.
Our judicial system, like all other systems in the country, has failed to
bring radical reforms and has allowed prolonged indecisions to continue
President Asif Ali Zardari has accomplished much that all political leaders
dream of, but could not achieve. He has brought several legislative reforms,
allowed political activity and freedom of speech. He has beaten all odds by
877

keeping the various components of his government together to see the fifth
budget presented to the Assembly. He is all set to call the next general
elections and transfer power in a democratic manner prescribed in the
Constitution.
At the same time, his government has been unable to deliver much to
the public The President has proved to be a master tactician, but has lost
an opportunity to emerge as a leader and a statesman that could wash away
his past murky reputation. The governance of the last four-and-a-half years
by the democratically-elected representatives has brought little credit to
democracy that appears dysfunctional or to the politicians that have been
tainted with scandals of mega financial corruption.
This latest scandal has the potential of blowing up the remnants of
whatever morality may be left in our country. In this adversity also, lies the
opportunity for the President. He should rise above petty self and party
political interests. The enemies of Pakistan must not be allowed to put the
last nail in its coffin. (Khurshid Akhtar Khan, The Nation 10th June)

Baloch militancy
IGFCs Balochistan story: Referring to a recent statement of the
exiled Nawabzada Brahamdagh Bugti, he (IGFC) affirmed that the FC
would not let the designs of these hostile elements succeed. Nobody would
be allowed to disintegrate Pakistan and we would continue fighting against
those who talk about the breaking of the country, he declared. The MajGeneral was of the view that militant camps had been eliminated by 2007,
but after the elections, the new governments withdrawal of the armed forces
and dismantling of some cantonments allowed the insurgents to reorganize.
While the Major Generals revelations are a serious cause for concern,
there is never conclusive and actionable proof presented with such claims.
Such proof should be produced before the public immediately and the
IGFCs lament that the media does not highlight the claim may thus be
resolved naturally. However, our intelligence agencies advise the
government to find a political solution for a problem, which if explained
as caused by foreign hands, seems to be a job for our intelligence agencies
themselves to tackle. Political solutions are being attempted already, but
political solutions may not be the correct salve for the IGs claim of foreign
interference. Concrete proof must be presented by our agencies to our media,
who will of course, then make every effort to highlight it.

878

In the meantime, the Prime Minister has moved to order the revision
of anti-terror laws, canceling rahdaris and banning non-custom-paid
vehicles to ply on the roads. His two-day visit to Balochistan comes in the
aftermath of the deteriorating law and order situation. The provinces
grievances demand education and health facilities, job opportunities,
development works, due share in the resources of the province, not for the
benefit of Nawabs who have plenty of them already, but the average man in
the street. (Editorial, TheNation 4th June)
Angry Baloch, foreign hand: Prime Minister Yousuf Raza Gilani,
on a visit to Quettapromised jobs to 10,000 youth and to provide training
abroad to 5,000 students at official expense. Besides, he recalled that under
the 7th National Finance Commission Award, the share of Balochistan had
been tripled from Rs40 billion to Rs120 billion. There was also allocation of
funds by the federal government for the completion of some other projects.
The Balochistan problem has become ever more complicated with the
passage of time, evading the governments efforts to resolve it. At the root of
it lies the feeling that the powers that be, whether at the federal level or the
provincial, have neglected the Baloch people, as their fellow citizens in other
provinces have progressed. This might, according to some, be a case of
misjudgment, but the fact remains that the extent of sheer poverty, the
meagre educational and health facilities and job opportunities, little evidence
of development in short, the situation reminiscent of a Medieval era setting
that exist in Balochistan would not be seen in the remotest corners of the
rest of the country. The argument that the comparison is misleading since the
level of development in Balochistan at the time of independence was far
lower than elsewhere in the country does not hold. That is especially so
when judged in the face of the availability of huge natural resources in the
province. The natural gas from Sui, for instance, has played a significant role
in the development of the country. It runs industry, lights houses, operates
kitchens. Yet, the facility is scantily available in the province of its origin.
Thus, it is not difficult to imagine how strongly the people in the
province should be feeling hurt, or even cheated. The situation can be
retrieved with a combination of dialogue and the execution of massive
development projects that tend to benefit the ordinary Baloch to give them a
sense of belonging and stake in the maintenance of peace and calm in the
province. Any and all military operations in the province must cease and our
intelligence agencies must present themselves to the court whenever
required by the Supreme Court to provide an explanation of its activities
there. (Editorial, TheNation 5th June)
879

REVIEW
Before reviewing the suo moto notice taken by the Chief Justice of
media reports about his son Arsalan receiving favours in cash and kind from
Malik Riaz, it would be appropriate to have a look at the two characters
named in the scandal. It can be said without any fear of rebuttal that
Arsalans character and credibility do not match that of his father.
Seeing him even in the light of Punjabi saying, he cannot be taken as
photostat copy of the Chief Justice. He may resemble his father only partly,
at best. It must be recalled that Arsalan was mentioned in 2007 too when
Musharraf had decided to remove the Chief Justice.
Malik Riaz is a real estate tycoon of the country, who has risen to his
present stature from a very humble background. His empire has grown
tremendously and with rapid speed, in a country that is experiencing wideranged economic slump for the last decade. Such unusual growth cannot be
attributed entirely to the business acumen of Malik Riaz.
In Pakistan, business enterprises, especially the land-related, cannot
flourish while remaining within the limits of complicated laws, rules and
procedures pertaining to land, urban or rural. He must have trespassed legal
limits many a times during acquisition and possession of land for sprawling
residential schemes in the outskirts of twin cities and Lahore.
He protects the chunks of land so acquired quite vehemently, never
hesitating in use of force when so required by employing sizeable security
force he has recruited for the purpose. Worth of his real estate business runs
into scores of billions, unmatched by any other in this business.
Such a business tycoon in a country like Pakistan ought to have
accumulated tremendous social and political influence to promote his
interests; Malik Riaz could be no exception. This can be gauged by gleaning
through the history of his business. He began with exploiting the name of
Navy after which he named his housing scheme and reportedly paid millions
of rupees to Naval Chief of that time.
Since then he has not looked back. He went on to tighten the screw on
GHQ which was considered a business rival because of Defence Housing
Schemes. He moved so fast that Army found it difficult to acquire land for
its new housing schemes. The Army so cornered was forced to strike a deal
with Bahria Town for a joint venture in the name of DHA Homes. Riaz now
exploits Armys name as well.
880

On political front, he is known for having personal contacts with


Zardari as well as Nawaz Sharif and even with Imran Khan. Riaz has
obliged the former many a times by allotting ready-made bungalows to
needy politicians and extending other favours to Zardaris friends; all
happening on verbal instructions of the Scoundrel.
In return, Zardari too has been listening to Malik Riaz. It was he who
convinced Zardari to forgive Aitzaz Ahsan and that resulted into patch up
between the two. Admiral (retired) Fasih Bokhari was appointed as
Chairman NAB on the recommendation of Malik. There are numerous other
instances that can be quoted in this context, last but not the least; his name
also came up to head an interim government.
Of late, he turned into a philanthropist by agreeing to pay total ransom
amount demanded for the release of Pakistanis held hostage by Somali
pirates. His humane nature was activated only after receiving a telephone
call from the Scoundrel. Previously, his generosity remained confined to the
needy elite.
Media has emerged as new power hub and Riaz could not ignore that.
He is blessed with plenty of fortunes to win hearts of minds of media. Those
like Najam Sethi for whom he brings news from corridors of power, address
him affectionately. Sethi calls him chiriya (sparrow), of course relating him
to soney ki chiriya (golden sparrow).
He has the capability, in collaboration with Zardari regime, to
purchase, exploit, or coerce media owners and their employees. It was
evident from the manner in which senior media persons went running when
summoned by him. It was not mere quest for breaking news that attracted
them like a magnet pulling iron dust.
It is also intriguing that media hyped the threats to the life of Asma
Jahangir concurrently with the story of Arsalan. The lady, who is quite loudmouth lawyer as Babar Awan used to be, is basically a jiyali. She is also
human rights activists heading an NGO and receives foreign funding.
She got the news about a plan to assassinate her. Rehman Malik sent
Rangers to her residence, Zardari and an American lady expressed concerns
about her safety. She is an exceptional person who is frequently forewarned
about every conspiracy that is hatched by the premier intelligence agency of
Pakistan. According to Hamid Mirs statement in the Supreme Court Asma
had told him about Malik Riaz-Arsalan affair about a week ago.

881

The nature of business of Malik Riaz is prone to numerous land


disputes and litigation cases and many of those were pending before the
court and many had been decided against Bahria Town. The suo moto notice
taken by the CJP of killing of some young boys in car racing held in one of
the phases of Bahria Town which was organized by Maliks son might have
annoyed the tycoon though he had settled the case after payment of Diyat for
qatl-e-khata.
Here the interests, or grievances of Malik against the CJP and
Judiciary, are in complete agreement with those of the Scoundrel. Both
harbour grudges against judges having germs to act independently. Both
want to tame or get rid of such judges who create hurdles in prosperity of
their respective enterprises which primarily flourish on application of
corrupt methods.
Therefore, the publicly stated aim of giving money and favours to
Arsalan to bribe the CJP for favourable court verdicts is not quite
convincing. Bribe could have been given or taken secretly without any third
person ever getting clue of it, but in this case all transactions with Arsalan
were well documented through audio-video recordings. Copies of these were
prepared and distributed among all like-minded forces.
However, it has also been revealed that during the period the CJP was
being bribed through his son a bench headed by him had decided 52 cases
of land disputes against Bahria Town in one sitting. How could such
handsome sum of bribe did not produce the desired results and yet man like
Malik Riaz, with extraordinary business acumen kept hanging on to a man
as young as Arsalan and continued to be exploited for three years?
It appeared to be a well thought out conspiracy in continuation of the
campaign to defame and ridicule the Judiciary by criminal forces working in
unison. So, only well recorded payments could serve the purpose of the evil
forces and for that Arsalan was trapped and his tendency of falling prey to
temptations was exploited. The evidence collection continued for three
years.
The evidence so collected was distributed among all the aggrieved
parties who had suffered at the hands of the CJP. Selected media persons
were also summoned one by one and given hints about the scandal telling
that he has proofs and then Malik Riaz proceeded to London. Reportedly, the
plan was to let the cat out of bag through Christina Lamb and her
investigative report was insured for $12 million.

882

There are different theories about the purpose behind defaming and
ridiculing the Judiciary. According to Haroon Rashid the ultimate goal was
to rig the forthcoming general polls which could not be done in the presence
of this Chief Justice. Haroon is of the view that both, CJP and COAS are
being targeted by Zardari with the backing of the US which wants the
present regime to remain in place for another five years.
Dr Shahid Masood is of the view that the goal is to sabotage the
remaining state institutions to create a complete chaos in the country so that
it could be used as a pretext to declare Pakistan a failed state and then move
the UNSC for de-nuclearization of the country. In short, Shahid links it to
one of the goals of the ongoing Crusades.
Another theory relates to convergence of vendetta of two top
scoundrels of the country, one in political arena and the other in property
business. Other forces must have also joined hands with the two, or would
start joining as the case progresses. Disregarding the various theories, it can
be said that the battle lines have been drawn for the final encounter between
forces of evil and good.
From all that has transpired from events of the last week and debates
thereof, it can be said that certain aspects related to this scandal have been
established to a reasonable degree. These are:
Dr Arsalan has some character failings, especially temptations for
status and wealth, which have been exploited by others more than
once.
Riaz Malik had the resources to exploit these weaknesses and he
used those quite effectively.
Iftikhar Hussain Chaudhry is an outstanding judge, but he has failed
in character building of his son; nevertheless, it is no matter of
shame; even Noah (SA) could not educate his son.
The apex court as an institute failed in carrying out timely
accountability of unlawful activities of the Executive on the
pretext of saving democratic system.
The delayed justice meant giving room to the criminals in power
corridors and those elements have exploited that room for striking
back.
The element of blackmailing exists, but it is yet to be established
that who all were exploiting whom.
883

The regime has denied conniving with Malik Riaz, but body
language of PPP leaders reflected that they rejoiced over every bit of
the scandal.
The above facts or inferences are not sufficient to pass any conclusive
verdict. There is no denying fact that it will require some time; but the need
to finalize the case as quickly as possible should not be ignored. The time
spent in taking the culprits to task will be exploited by various vested
interests. Therefore, in days to follow the one could expect that:
The regime would resort to its familiar delaying tactics so that the
issue is dragged to rub enough salt into the wounds of the target. A
PPP leader, Mr Chan has already proposed pending the case till 2013
The vested interests would try to kill two birds with one stone by
shifting the focus of conspiracy theories on to Army and ISI, by
blowing up the their annoyance over hearing of missing persons
case.
Demand for resignation of the Chief Justice has already echoed and it
will get stronger with each passing day.
The major issue to be clearly established is the nexus between
regime-Malik Riaz. They would try their utmost to sideline the CJP;
de-facto or de-jure.
If CJP did not resign, all the verdicts that do not suit the regime will
be dubbed as biased and CJP will be accused of acting revengefully;
of course judicial revenge cant be as noble as democratic revenge.
Zahid Bokhari has been counsel of Raymond Davis and Husain
Haqqani and both are now safe abroad. Will Malik Riaz also go
Scott-free; is so what would be the extent of foreign involvement.
Malik Riaz is known to have bought many generals, judges and
journalists in addition to politicians. He has declared open war against those
judges who could not be bought. Will he extend this war to journalists as
well? What would be the reaction of media that stands divided even before
Riaz-Arsalan scandal?
11th June, 2012

884

AROUND GLOBE-V
The fighting between Syrian security forces and the rebels funded and
armed by the civilized world continued raging during the last two weeks
with marked intensity. The West was pleased to declare that there was now a
full-fledged civil war going on the country and hoped the end of a rogue
regime was approaching.
The fighting in Yemen also showed marked intensity in perpetration
of death and destruction. Here too, the West was pleased over territorial
gains of their puppet over militants of al-Qaeda, while remaining oblivious
to the spilling of blood of hundreds of innocent Yemeni people.
The ousted rulers of Egypt and Tunisia were sentenced by the courts
of their respective countries. In Libya, the tussle for trial of Seif continued
between ICC and the transitional government. Meanwhile, the countries in
northwest Africa, Nigeria and Ivory Coast, remained in the grip of militancy.

NEWS

885

Far East: On 3rd June, at least nine people were killed by ethnic
Rakhine residents in western Myanmar in an apparent sectarian attack in a
region affected by simmering religious tensions. The victims were thought to
be Muslims visiting Rakhine State from central Myanmar. Ethnic Rakhines,
who are mostly Buddhist, had beaten and killed those people.

Mainland Asia: On 6th June, nine ethnic Uighurs were jailed in


Xinjiang region for inciting separatism and disturbing public order. The
World Uyghur Congress (WUC) said the nine men were sentenced to from
7-10 years in prison on various charges, including harbouring extremist
religious thoughts and holding underground religious meetings. Kashgar
intermediate court in Xinjiang confirmed the May 31 sentencing.

Middle East
Iraq: On 4th June, a suicide attacker blew up a bomb-packed car at a
Shia foundation's headquarters in Baghdad, killing at least 25 people and
wounding more than 65. Shia endowment had received threats in recent days
because of a dispute over a shrine. The management of the shrine was
handed over to the Shias endowment, sparking tensions with its Sunni
counterpart. Prime Minister and parliament speaker both issued
condemnations of the violence and appealed for calm, as did United Nations
envoy Martin Kobler.
On 7th June, Iraq executed Saddam Husseins presidential secretary
and chief bodyguard Abid Hamid Mahmud. He was number four on the list
of Iraqi officials targeted by US forces following the 2003 US-led invasion,
behind only Saddam and his two sons Uday and Qusay. He was captured on
June 16, 2003, and eventually sentenced to death on Oct 26, 2010 along with
ex-deputy PM Tareq Aziz and ex-interior minister Saadun Shaker.
On 9th June, five bombs exploded at a northern Iraqi oil field,
damaging two pipelines. Next day, two mortar bombs struck a square filled
with Shi'ite Muslim pilgrims in Iraq's capital Baghdad, killing at least six
people and wounding 38. A group that monitors online communication
among insurgents said al-Qaeda's affiliate in Iraq had claimed responsibility.
On 13th June, a wave of coordinated bombings and shootings rocked
Iraq during a major Shia commemoration, killing at least 72 people and
wounding more than 250, many of them pilgrims. The attacks, which came
as pilgrims flocked to a shrine to mark the anniversary of the death of Imam
Musa Kadhim, were the deadliest in Iraq since August 15, 2011 when 74
people were killed.
886

Baghdad was hit by 10 bomb attacks and two shootings that killed at
least 28 people and wounded dozens more. The deadliest attack in the capital
saw a car bomb explode in the Karrada neighbourhood of central Baghdad
where pilgrims were having their breakfast. Another car bomb on the
outskirts of Kadhimiyah killed 7 people.
Coordinated attacks took place across other centres, including in the
central city of Hilla, where a police captain and doctor Ali al-Khafaji at the
main hospital said two car bombs killed 20 people and wounded 51 others.
Ten people were killed in a wave of attacks in and around Baquba, north of
Baghdad, security and medical officials said.
In the northern city of Kirkuk, three car bombs killed two people and
wounded at least 17 more. Attack in the restive northern city of Mosul killed
a total of four people, while 24 people were wounded in a blast near the holy
city of Karbala in central Iraq. Insurgents killed two policemen in an attack
on a checkpoint near Fallujah.
Attacks come during a political row that has seen opponents of Prime
Minister Nuri al-Maliki mounting an attempt to oust him, but so far failing
due to a lack of votes. Maliki's opponents have for months accused him of
monopolizing decision-making and moving towards dictatorship.
On 15th June, gunmen shot dead a father, mother and at least three
children, while a husband and wife were killed in a separate attack in
Mahmudiyah, 30 kilometres (18 miles) south of Baghdad. A medical source
at the hospital in Mahmudiyah said it had received the bodies of eight
members of a family; a man, a woman and six children aged between four
and 14 years old.
Palestine: On 3rd June, seven Palestinians were wounded in a series of
Israeli air strikes on the Gaza Strip, two days after fire exchanges that left
three dead from both sides, meanwhile. Israeli Prime Minister sought a way
to implement a Supreme Court ruling to remove five settler buildings
erected on private Palestinian land without alienating his political
supporters. The Israeli army confirmed that its planes had carried out
attacks.
Ultranationalist legislators planned to submit a bill to legalize the
dwellings retroactively. About 30 families live in the five three-storey stone
apartment buildings in the Beit El settlement in the occupied West Bank.
Government officials said Netanyahu had proposed a plan that would avoid
demolishing the homes. Engineers would instead cut through their

887

foundations and move them to another part of the settlement where no land
ownership claim is pending in court.
Next day, four African migrants were taken to an Israeli hospital with
burns and smoke inhalation after a potentially arson attempt on the
Jerusalem building which was home to 18 African migrants. On the external
walls of the building, someone had sprayed Hebrew-language graffiti
reading: Get out of the neighbourhood.
On 12th June, it was reported that Israel had revoked the residency of
nearly 250,000 Palestinians between 1967 and 1994, according to figures
obtained by a human rights group. Palestinians lost their residency for
various reasons, including tens of thousands for failing to respond to a
census. Others saw their residency revoked after traveling overseas for a
number of years and failing to periodically renew their permits.
Meanwhile, Israel's mass round-up of mainly African immigrants
passed the 200 mark and immigration authorities said that 43 people had
agreed to be voluntarily repatriated. Immigration officials had earlier put the
number arrested on Tuesday morning at 73. Those who agree to leave Israel
voluntarily will receive free airline tickets and a grant of 1,000 euros
($1,250), but the offer is only on the table for one week.
Syria: On 3rd June, UN chief Ban Ki-moon called for broad
international talks on the rising Syrian crisis, urging Security Council
members to consider Arab League demands for stronger UN action in the
strife-torn country. The call came after a watchdog for Human Rights said
that violence in restive country on Saturday killed 89 people, including 57
soldiers, the largest number of casualties the military has suffered in a single
day since an uprising began in March 2011.
Qatari Prime Minister, who heads the Arab League Syria committee
said that it was unacceptable that massacres and bloodshed continue while
(Annans) mission is ongoing indefinitely. Speaking during a meeting
attended by Annan in Doha, he said the Arab League demand the UN
Security Council refer (the peace plan) to Chapter VII so that the
international community could assume responsibilities.
French Defence Minister Jean-Yves Le Drian said Sunday that France
has not excluded military intervention in Syria, but only under a United
Nations mandate. On the other hand, Russian President Vladimir Putin was
to host EU chiefs for an informal dinner at the start of a two-day summit
overshadowed by clashing visions on Syria and Iran. The only way out of

888

the Syria crisis... involves a cessation of violence and consistent support for
the plan of (mediator Kofi) Annan, the Russian foreign ministry said.
Next day, at least six people were killed as the Syrian army went on
the offensive against rebel fighters, seizing a town in the central province of
Hama. After three days of bombardment, troops and pro-regime militiamen
backed by tanks and armoured cars entered Kfar Zita from which the rebel
fighters had withdrawn.
Clashes were also reported in several other areas of the province in
northwest Syria. In Latakia, two rebel fighters were killed in an attack by
regime troops. In Idlib city, five soldiers were wounded in a blast. The group
said anti-regime protests were held in the provinces of Damascus, Hama,
Idlib and Raqa, in the country's northeast.
On 5th June, clashes in Syria's western Latakia province killed 15
soldiers. Asked about the high number of troop deaths, the AFP was told:
Troops are vulnerable to heavy losses because they are not trained for street
battles and are therefore exposed to attacks. Meanwhile, the United Nations
said that Syria has now allowed them to visit four trouble spots. We will
have a presence in Homs, Idlib, Daraa and Deir Ezzor to start with, said
John Ging of the UN Office for the Coordination of Humanitarian Affairs.
Russia said that Assad could leave power as part of a settlement to end
bloodshed in Syria, as Saudi Arabia called on Moscow to end its support for
his embattled regime. Moscow is under growing pressure to back Assad's
departure as a first step in a peace accord that would see his inner circle
assume command in the interim US-backed transition similar to Yemen.
The statement was one of Russia's most explicit about Assad's
position since Foreign Minister Sergei Lavrov refused to clearly back his
rule during a visit to Damascus in February. It came as Moscow and Beijing,
which have stalled Western-led moves against Damascus, began talks on
ending of violence.
China and Russia pledged to increase their cooperation in the United
Nations, as they try to resist mounting pressure for international action to
stop the bloodshed in Syria. China's President Hu Jintao said closer
cooperation would allow the two countries, whose stance has angered
Western powers, to set the global political and economic order in a more
fair and rational direction. He made the comments after talks with Vladimir
Putin, who is in Beijing.

889

Next day, Syrian rebels went on the offensive in and around


Damascus on Wednesday, while 46 people were killed in shelling, blasts and
clashes across the country, a watchdog said. Violent clashes broke out in
Harasta between regime troops and rebel forces and rebels also attacked
checkpoints near Douma, Irbin and Zamalka, all in Damascus province.
A student was killed when regime forces pounded Hreitan in Aleppo
province and at Aleppo University fresh demonstrations were halted by
security forces, who arrested a number of students. In the southern province
of Daraa, clashes between troops and armed rebel groups in the area of Lajat
killed three soldiers and wounded eight others.
Three troops were killed, including a captain, in an explosion
targeting their vehicle near Srakeb village, in the north-western province of
Idlib. In the same region, four officers were injured in an attack by rebel
fighters in the town of Maaret al-Numan. Clashes in the village of Marayin
in Latakia led to the death of two opposition fighters, while other clashes in
the region of Jabal Zaweya killed three rebels and two civilians. In Latakia
province, forces rained shells down on several villages and towns including
Shirqaq, killing a family of three, and Al-Heffa, where three people died.
Meanwhile, President Assad named Riyad Hijab, agriculture minister
in the outgoing government, as prime minister following a parliamentary
election last month which authorities said was a step towards political
reform but which opponents dismissed as a sham. Russian Foreign Minister
called for a broad international meeting with the aim of reviving Annans
peace plan, but made clear he believed Assads opponents were responsible
for its failure so far.
One of Assads most vocal Arab critics, Saudi Arabia, said on Tuesday
that Gulf Arab States were losing confidence in Annans plan and called on
the Security Council to put it under Chapter 7 of the UN Charter, a measure
that could authorize the use of force. US Treasury Secretary, addressing a
Friends of Syria sanctions working group, echoed that call saying nations
should take actions against Syrian authorities including, if necessary, under
Chapter 7.
On 7th June, regional group led by Russia and China said it opposed
military intervention in the Middle East, a day after the Syrian opposition
accused forces loyal to the regime of massacring 100 people. The Shanghai
Cooperation Organization (SCO) statement called for a peaceful resolution
of the Syrian problem through political dialogue, adding the use of force
against Iran was unacceptable.
890

Next day, rebels and regime troops clashed in Kfar Sousa a district of
the Syrian capital as scores of protests were held across the strife-torn
country and more than 21 people killed. Anti-regime activists had called for
fresh protests under the slogan Revolutionaries and traders, hand in hand
until victory, aiming to draw in the middle classes in Syria's two largest
cities to join the uprising.
On 9th June, pro-regime forces killed 83 civilians across Syria,
including women and children among 20 dead in the flashpoint town of
Daraa. Dozens more were wounded, some of them seriously. In the restive
central city of Homs, 29 people died in bombardment by troops.
Next day, Syrian forces renewed efforts to impose control in Homs
province, killing at least 35 people in one of the biggest bombardments since
a failed UN-mandated ceasefire in April. Army used artillery, mortars and
rockets to hit opposition strongholds in the city and the towns of Qusair,
Talbiseh and Rastan in central Syria.
In Damascus, forces bombarded the northern district of Qaboun and
later entered it in armoured vehicles, storming houses, following attacks on
buses carrying troops and pro-Assad militia. Attacks on loyalist buses and
army roadblocks were also reported in the last three days in the Damascus
neighborhoods of Barzeh and Mezze.
On 11th June, gunship helicopters fired on rebels in central and
northwestern Syria in a bid to snuff out armed opposition as violence killed
74 people across the country. The rebel positions were targeted from the air
in Al-Heffa, in the northwestern province of Latakia, and in Rastan, in the
central region of Homs.
Meanwhile, UN-Arab League envoy Kofi Annan said he is gravely
concerned by increased fighting between Syria's troops and rebel forces. His
spokesman Ahmad Fawzi said Annan, who brokered a faltering plan aimed
at ending bloodshed in Syria, cited shelling in Homs and the reported use of
mortars, helicopters and tanks in Al-Heffa are indications that a large
number of civilians are trapped in these towns.
Moscow has proposed holding an international conference on Syria
aimed at saving Annan's tattered plan. France said it would hold talks with
Russia on its idea of an international Syria conference, as it urged the new
head of the Syrian National Council to unite the opposition. The rebel Free
Syrian Army, meanwhile, has called for a campaign of civil disobedience
and urged officers and troops in Assad's military to jump ship and join the
opposition ranks.
891

Next day, at least 36 people were killed in shelling and clashes across
Syria on Tuesday, 24 of them civilians and 12 soldiers, the Observatory said.
More than 14,100 people have been killed in Syria since the anti-regime
revolt erupted in March 2011. Syria is now in a full-scale civil war, UN
peacekeeping chief Herve Ladsous declared. The news came as the Syrian
government accused Washington of encouraging more massacres in the
strife-torn country, which Damascus always attributes to armed terrorists,
and of meddling in its internal affairs.
In its statement, the Syrian foreign ministry said, the US
administration is pushing forth with its flagrant interference in Syria's
internal affairs and its backing of armed terrorist groups. Meanwhile, the UN
accused Syrian troops of using children as human shields, as it branded
Damascus one of the worst offenders on its annual list of shame of conflict
countries.
The United States expressed suspicion that Russia was supplying
Syria with combat helicopters that would be used against peaceful
protesters, Hillary Clinton said. She said that the United States wants Russia
to stop supplying Syria with all kinds of weapons. Russian President Putin
said in early June that Russia was not supplying arms to Syria which could
be used against protesters.
On 13th June, the West, led by the United States and France, is seeking
to up the pressure on key Syria ally Russia to stop sending weapons they say
Bashar al-Assad's regime is using in its bloody crackdown on rebels. The
French foreign ministry on Wednesday called for a complete halt of arms
exports to Syria and Hillary Clinton renewed her call on Russia to end arms
deliveries to Syria.
Meanwhile, the Syrian government said it is fighting terrorists and
not a civil war, as rebels pulled out of a besieged enclave where an eight-day
bombardment had raised fears for trapped civilians. The government
consistently refers to the rebel Free Syrian Army and other armed groups as
terrorists and has accused the US and its allies of complicity in their
operations.
Next day, a suicide bomber blew up a vehicle near a shrine in Syria's
capital, wounding 14 people, as 35 people were reported killed across the
country. A car bomb in the northwestern city of Idlib targeted a military
checkpoint and unknown number of soldiers were killed or wounded.
Amnesty International accused Syria of committing crimes against
humanity to punish communities supporting rebels. However, the London892

based group interviewed people in 23 towns and villages and concluded that
government forces and militias were guilty of grave human rights violations
and serious violations of international humanitarian law amounting to crimes
against humanity and war crimes.
On 15th June, both rebels and forces loyal to President al-Assad are
intensifying violence in Syria and striving for military gains rather than
peaceful transition, the chief UN monitor in Syria said. Major-General
Robert Mood's comments came as Russia further dug its feet in against
Western pressure to topple Assad, insisting it would not discuss a post-Assad
Syria.
Lebanon: On 2nd June, clashes between pro- and anti-Syrian regime
gunmen killed one man and wounded five other people in the northern
Lebanese city of Tripoli. Sporadic gun and rocket fire broke out at midnight
and continued through the night, forcing some residents of the port city to
flee their homes.
Next day, Lebanese troops were deployed in the city of Tripoli after
15 people had been killed in clashes between supporters and opponents of
Syrian President Bashar al-Assad. It was the deadliest fighting in Lebanon
since Syrias uprising began. Relative calm returned to the Mediterranean
city since the soldiers took up positions around the city. OIC chief Ihsanoglu
said the Tripoli clashes are a dangerous development.
On 13th June, Syrian troops crossed into Lebanon's eastern border
region of Al-Qaa and planted mines around the home of a local resident
before withdrawing.
Yemen: On 2nd June, four al-Qaeda fighters and a soldier were killed
in overnight fighting outside Zinjibar. The insurgents had fired three rockets
at the headquarters of the 25th Mechanized Brigade, killing the soldier and
wounding six others. Separately, three Al-Qaeda militants were killed and
five wounded in Al-Mahfad, a town in northern Abyan.
Next day, clashes between the army and Qaeda militants over the
control of Yemens southern province of Abyan resulted in killing of six
jihadists and a soldier. Four of the Qaeda militants were killed late on
Saturday when the army fired artillery rounds south of Jaar, while Qaeda
sniper shot dead a soldier.
On 5th June, at least 16 gunmen were killed in three days of fighting
between Shiite Huthi rebels in north Yemen and Sunni Salafist extremists.
Yemen's mountainous north is a stronghold of the Huthis, who from 2004
893

fought six wars with central government forces before signing a truce in
February 2010. Next day, clashes between al-Qaeda and army killed 17
militants and two soldiers in southern Yemen, where the military has been
fighting to reclaim territory lost last year.
On 7th June, violence in south Yemen killed 30 people, of whom 25
were al-Qaeda fighters, including five in an air strike by the Yemeni air
force. The air raid struck the eastern outskirts of Jaar, a town in Abyan
Province. In all, 20 militants were killed in military operations around Batis.
On 11th June, lashes between Yemeni troops and al-Qaeda militants in
the southern province of Abyan have killed 28 people, two of them soldiers.
After hours of fighting the army captured a munitions factory in the Abyan
town of Jaar. Al-Qaeda had seized the army-owned factory in a previous
round of fighting. Yemeni forces had launched an all-out offensive aimed at
reclaiming towns and cities lost to al-Qaeda during the past year, including
Abyan's capital Zinjibar.
Next day, Yemeni army drove al-Qaeda-linked fighters from two of
their main strongholds after weeks of fighting; a major breakthrough for a
US-backed offensive meant to secure stability in the wider oil-rich Gulf
region. Jubilant residents took to the streets of the provincial capital of
Zinjibar and the strategic city of Jaar in spontaneous celebrations.
The Defence Ministry said the army, backed by local fighters from
popular committees, had entered Jaar in the morning after heavy fighting
that killed at least 20 militants, four soldiers and two civilians. At least 20
Yemeni soldiers were also wounded in the fighting. Meanwhile, the UN
Security Council unanimously passed a resolution threatening sanctions
against groups seen undermining political transition and staging attacks.
So-called spoilers such as the family and supporters of former
president Ali Abdullah Saleh, though not named in the resolution, are a
particular target of the warning in Resolution 2051. It gave strong support to
the efforts of President Hadi's efforts to reform the security and armed forces
and launch a national conference of rival parties and factions.
Hadi has met major resistance to political change from various
factions and the country is in the grip of a major humanitarian crisis with
widespread malnutrition. The council condemned the al-Qaeda attacks and
said it demands the cessation of all actions aimed at undermining the
government of national unity and the political transition.

894

The resolution makes clear that any spoilers, those who are trying to
disrupt the transition, disrupt the national dialogue, disrupt the national unity
government, will be held accountable, Lyall Grant added. Yemeni Nobel
Peace prize laureate Tawakkul Karman welcomed the resolution saying
members of Saleh's family who hold top jobs in the military must change.
On 13th June, two raids on al-Qaeda, at least one of them reportedly by
a US drone, killed 30 people, as the jihadists came under new pressure a day
after losing two key strongholds. The raids targeted al-Qaeda fighters fleeing
the southern region of Abyan where the army scored its first major victory.
Western diplomats say US experts have been assisting the Yemeni army in
their fight to oust Al-Qaeda from Yemen's lawless south and east. In recent
weeks, the United States has also escalated its drone strikes against the
jihadist network.
Next day, 16 people, including women and children, were killed in
clashes in the province of Abyan where al-Qaeda and the army are battling
for control of the restive territory. Three women, two children and one man,
were killed in a Yemeni air raid on the town of Shuqra. Another 10 people
were killed in Shuqra in fierce clashes between militants and the army.
On 15th June, troops took control of the southern city of Shuqra after
al-Qaeda militants pulled out of the third jihadist bastion to fall in a week.
Advancing troops killed 27 militants in firefights overnight, after state media
reported at least 48 people, including 40 militants, killed yesterday.

Africa
Nigeria: On 3rd June, a suicide bomber who tried to drive an
explosives-packed car into a church in northern Nigeria killed at least 15
people, including himself, and injured 40. The attacker approached a
checkpoint near the church in Bauchi State and rammed the car into a
security gate and the force of the blast near the church on the outskirts of
Bauchi city caused the building to collapse on the worshippers inside.
On 9th June, a suicide blast at the police headquarters in the city of
Maiduguri killed at least two policemen and wounded six other people. It
was the latest attack in the city that has been at the centre of Islamist group
Boko Haram's insurgency, which has killed more than 1,000 people since
mid-2009. Next day, a suicide bomber drove his car into a church in the
central city of Jos, killing at least two people and wounding forty-one others.
On 11th June, a gang of robbers invaded two villages in northern
Nigeria in an apparent revenge attack, slitting some residents' throats and
895

shooting others, leaving 23 dead. The gang went door-to-door shooting


villagers; about 80 people on motorbikes occurred in the dead of night in the
villages of Dan-Gulbi and Guru, both in Zamfara state.
Ivory Coast: On 8th June, seven UN peacekeepers from Niger were
killed in an ambush in western Ivory Coast, in the attack on the force
deployed since 2004. Deputy Defence Minister said the attackers crossed
over from Liberia, adding that two soldiers and at least one civilian may also
have been killed.
Next day, eight civilians died in southwestern Ivory Coast in the
attack that killed seven UN peacekeepers. The simultaneous raids on several
villages near the town of Tai close to the Liberian border sparked an
immediate exodus. The UN peacekeepers in Ivory Coast were first
deployed in 2004 currently count more than 10,000 uniformed personnel.
Tunisia: On 13th June, a military court in Tunisia sentenced ousted
president Zine el Abidine Ben Ali to 20 years imprisonment in absentia on
various charges including incitement to murder. Ben Ali, who is exiled in
Saudi Arabia, was found guilty of inciting disorder, murder and looting, the
court said in its verdict over the deaths of four youths, shot dead in the town
of Ouardanine in January 2011.
Libya: On 4th June, a militia of Libyan ex-rebels seized the runway of
Tripoli International Airport, surrounding planes and grounding all flights
after their leader's apparent arrest. The motive of the gunmen was to pressure
the government to explain the whereabouts of their leader, Abu Ajila alHabshi.
Trucks mounted with heavy weapons remained parked under some
airliners and gunmen shuttled in and out of the luggage hall which opens out
onto the tarmac. Late in the afternoon, a handful of elders in traditional tribal
garb arrived on the scene. Dozens of pickup trucks mounted with antiaircraft guns rushed in minutes after, sparking a new exodus of civilians
from the airport. Intermittent gunshots were heard just before sunset. A
member of a Tripoli brigade said the gunfire was just a scare tactic.
Flashes of violence, such as a deadly raid on government headquarters
last month, have raised concerns over the capacity of authorities to secure
the first election after decades under Gaddafi. Ethnic unrest in the south,
calls for greater autonomy in the east and corruption are just some of the
challenges facing Libya's interim leaders. Since the start of the Arab Spring,
elections in the region have benefited Islamists, including in Egypt, Libya's
neighbour to the east, and Tunisia to the West.
896

Next day, a trial of former officials in Moamer Gaddafi's regime


opened, with ex-intelligence chief Bouzid Dorda the first to appear in the
dock. Dorda faced a long list of accusations, including that he ordered the
killing of demonstrators during the uprising that ended Gaddafi's rule in
2011. He is also accused of organizing members of his tribe into an armed
militia with the aim of sparking a civil war in western Libya. He denied the
charges against him. Meanwhile, Tripoli Airport was cleared of gunmen and
flights resumed.
On 7th June, a meeting in Cairo between former officials of Moamar
Gaddafis regime and an envoy dispatched by Libyas interim leader
Mustafa Abdel Jalil sparked widespread anger and demands for an
explanation. Abdel Jalil must explain the motives that prompted him to take
this initiative without consulting the council, Intissar Al-Akili, a member of
the ruling National Transitional Council told AFP. She even threatened to
resign over the issue.
Thousands of supporters of the former regime fled Libya during and
after the regimes fall, with the majority resettling in Egypt, Tunisia, Jordan
and Morocco. News of the Cairo meeting upset several Libyan personalities
including Akili, who slammed the move as an insult to the martyrs and the
aims of the February 17 revolution which led to Gaddafis ouster and killing
in 2011. There is no negotiation or accommodation possible with such
figures. These people have to return to Libya to be tried, said NTC Vice
Chairman Aknan Salem.
On 9th June, four members of the International Criminal Court were
arrested and being held in Libya since June 7. We are very concerned about
the safety of our staff in the absence of any contact with them, ICC
president Sang-Hyun said in the statement. The ICC court is seeking to try
Seif and Gaddafis former intelligence chief for crimes against humanity.
But the new regime in Libya wants to put Seif on trial in a local court.
Next day, members of Libya's Toubou minority and government
forces fought for a second consecutive day, leaving at least 23 people dead
and dozens wounded since the clashes erupted, including women and
children. Wissam Ben Hmid, commander of the Libya Shield Brigade which
is stationed in the southern oasis city, said he had lost three of his men.
On 11th June, a British diplomatic convoy was hit by a rocketpropelled grenade in the eastern Libyan city of Benghazi, wounding a guard,
whereas four ICC envoys were put in preventive detention in prison for 45
days while investigating an alleged threat to national security. Ajmi al-Atiri,
897

head of the brigade in Zintan that detained the delegation after it visited
Moamer Kadhafi's son Seif al-Islam, said: They were transferred Sunday to
a prison on the orders of the prosecutor general.
Deputy Interior Minister Unis Sharif said the vehicle that was hit was
carrying security personnel in a convoy for the head of the British
diplomatic mission in Benghazi. The attack comes five days after a small
bomb was set off outside the US diplomatic mission in the same city,
wounding one guard, according to Libyan authorities. Several such incidents
have occurred in Benghazi, the birthplace of Libya's revolution that toppled
dictator Moamer Kadhafi, in recent months.
On 14th June, Libya's Supreme Court struck down as
unconstitutional a law passed at the start of May that banned glorification
of slain leader Moammar Gaddafi. In the name of the people, the court has
decided on the unconstitutionality of Law No 37, the head of the court's
constitutional chamber announced at a brief hearing. A Libyan human rights
group had lodged an appeal with the court against the law adopted by ruling
National Transitional Council.
Egypt: On 2nd June, Egypts former president Hosni Mubarak and his
security chief were given life in prison over the deaths of protesters in 2011,
but the acquittal of six police chiefs sparked calls for a mass protest. A
senior lawyer for Mubaraks defence team told AFP the strongman, who was
taken to a Cairo prison after the hearing, will appeal the sentence. But once
at Tora prison on Cairos outskirts, a tearful Mubarak refused to leave the
aircraft, and security officials said he suffered from a surprise health crisis
before they finally convinced him to go in.
The verdict prompted outrage both inside and outside the courtroom.
Void, void and The people want the judiciary purged could be heard, as
furious lawyers feared Mubarak would be found innocent on appeal. The
powerful Muslim Brotherhood told AFP it had called for mass protests
nationwide, while other groups including the pro-democracy April 6
movement announced they would take to the streets in protest.
Rights groups slammed the verdict as failing to deliver full justice.
Mubaraks sentence is a significant step towards combating long-standing
impunity in Egypt but the security chiefs acquittal leaves many still
waiting for full justice, Amnesty International said in a statement. Many
see the acquittal of all the senior security officials as a sign that those
responsible for human rights violations can still escape justice, it said.

898

Corruption charges against Mubaraks sons, Alaa and Gamal, were


dropped because of the expiry of a statute of limitations, and the former
president was acquitted in one of the graft cases. Asked if Mubarak was
likely to win the appeal, Bahr said: We will win, one million percent.
Mubarak, in sunglasses and wearing a beige track-suit, had his arms
folded and showed no emotion inside the caged dock as Chief Judge Ahmed
Refaat read the verdict. Alaa and Gamal, looking tired with dark circles
under their eyes, appeared close to tears on hearing the verdict. In delivering
the ruling, Judge Refaat painted a grim picture of life under Mubarak, listing
hardship after hardship suffered during his three-decade rule.
Meanwhile, Muslim Brotherhood called for Mubarak retrial. Deposed
Egyptian president Hosni Mubarak and other defendants standing trial with
him must be retried with solid evidence said a statement issued by the
campaign of its presidential candidate.
Next day, hundreds of Egyptians occupied Cairo's Tahrir Square after
a night of rage against what they feel were lenient sentences handed down to
ousted dictator Hosni Mubarak and his security chiefs. Some of the
demonstrators slept in tents or out in the open overnight on the vast
intersection, epicentre of the 18-day revolt that forced Mubarak to resign on
February 11 last year.
The demonstrators erected a memorial depicting a miniature cemetery
made of gravestones and sand in tribute to the martyrs of the revolution.
Martyrs, we will not abandon you to the conspiracies of the old regime. In
the name of your blood, there will be a new revolution, said a banner.
After the verdicts were passed, the Muslim Brotherhood's presidential
candidate Mohammed Mursi said the revolution must continue. All of us,
my brothers, must realize in this period that the continuation of the
revolution, and the revolutionaries' staying put in their positions in the
squares, is the only guarantee to achieve the goals, he told reporters before
joining the crowds in Tahrir Square for around 15 minutes.
Meanwhile, tearful Mubarak, who enjoyed near absolute power for
three decades, was flown by helicopter to Tora prison on Cairo's outskirts
after the verdict but then refused to leave the aircraft. A security official said
Mubarak suffered from a surprise health crisis, but was finally convinced
to go to his cell. Mubarak was issued prisoners uniform.
On 5th June, thousands of Egyptians thronged to Cairos Tahrir Square
for a mass demonstration to protest against verdicts handed down in ex899

president Hosni Mubaraks murder trial. Marchers prepared to leave from


several mosques around the capital led by the runners-up in last months
presidential election first round to join thousands already in the square.
Demonstrators chanted against the ruling military council and vowed to keep
their revolution alive.
They wanted the dismissal of the prosecutor general who has ignored
many corruption cases and also want the implementation of a law that
would see senior Mubarak-era figures barred from standing for public office.
The legislation could have serious implications for Ahmed Shafiq,
Mubaraks last prime minister, who is due to face the Muslim Brotherhoods
Mohammed Mursi in a presidential election runoff next week.
Hosni Mubarak suffered an emotional breakdown in prison, days
after he was sentenced to life over the death of protesters last year. Doctors
from the police hospital were called to treat him, along with the prison
doctors after he suffered an emotional breakdown a security official said.
Once flown to Tora prison on Cairo's outskirts, a tearful Mubarak had
refused to leave the helicopter.
On 10th June, it was reported that Hosni Mubarak could suffer a stroke
at any time, according to an official in the Torah prison where he is presently
serving a life imprisonment. He was having irregular heart beats and
difficulties in breathing. Mubarak is suffering a breakdown and has been put
on the ventilator.
On 14th June, Egypt's top court paved the way for the ruling military
to assume parliament's powers by annulling the Islamist-led house while
allowing Hosni Mubarak's last premier to stand in this weekend's
presidential election. The rulings, two days ahead of the fiercely contested
election between the Muslim Brotherhood's Mohammed Mursi and the
ousted Mubarak's last premier Ahmed Shafiq, could throw the country into
further political disarray. The court also ruled that a law drafted by
parliament to bar senior former regime officials such as Shafiq from
standing in elections was unconstitutional. The law applies to those who
served in the 10 years prior to Mubarak's ouster on February 11, 2011.
Somalia: On 9th June, Somalia's al-Qaeda-allied Shebab rebels
mocked a US offer of up to $33 million for tip-offs enabling the arrest of its
top leaders, saying they would give 10 camels to anyone who helped locate
Barack Obama. The highest price put up by the US State Department on
Thursday was for Shebab chief Ahmed Abdi aw-Mohamed more

900

commonly known as Godane or Abu Zubayr with a $7 million bounty for


information on where he is hiding.
I can assure you that this kind of things will never dissuade us from
continuing the holy war against them, said Shebab leader, Fuad Mohamed
Khalaf. There is nothing new in the fact that infidels pay to have Muslim
leaders killed. They already did that by offering camels for the head of
Prophet Mohammed (PBUH), and the dollar is the camel of today, he said.

Europe: On 4th June, Danish court sentenced four men to 12 years


behind bars for committing terrorism with a plot to kill the staff of a
newspaper that first published blasphemous caricatures. The three Swedish
nationals and one Tunisian living in Sweden had pleaded not guilty to the
terrorism charges, but in a unanimous verdict a district court convicted all
four.

America: On 9th June, a federal judge sentenced a Pakistani-born


Chicago taxi driver to seven and a half years in prison for attempting to
financially support al-Qaeda's operations in his homeland. Raja Lahrasib
Khan had pleaded guilty in February 2012 to one count of attempting to
provide material support to a foreign terrorist organization. Khan, who was
born in the Pakistani-controlled part of Kashmir, wanted to finance attacks
against India.
Eight Muslims from New Jersey filed a federal lawsuit against the
City of New York. The case, Hassan et al v City of New York, is the first
ever to challenge the NYPDs intelligence programmes. The lawsuit seeks to
remedy the targeting of Muslims for surveillance based solely upon their
religion by the New York City Police Department (NYPD). In addition,
plaintiffs are seeking to end the NYPD surveillance programme, which the
lawsuit calls unconstitutional, and to secure the destruction of any and all
data and information gathered by the NYPD as a result of unlawful spying.

VIEWS
Syria
How far would Americans go to save Syria? A massacre of more
than 100 civilians last week including women and children cast a pall on
U.N. peacekeeping efforts in Syria, provoking near-universal international
condemnation. Many in Washington are frustrated, and are urging the United
States do, well, something. But a key question lingers for Americans: Do
901

they actually want to use their own military might to stop the killing in
Syria? The answer is probably no, at least for now. A smattering of polls this
year show little support for getting US troops involved in Syria, but longterm trends show big majorities of Americans favoring using US troops to
stop governments from committing genocide mass killings. The divergent
poll results may reflect a pro-intervention philosophy running up against a
Syrian crisis that lacks an easy military solution or clear international
support for the use of force. Nevertheless, the results illuminate how the
public is grappling with the issue right now.
Lets start with evidence against support for an invasion. By a 78 to 14
percent margin, registered voters in a March Fox News poll said the United
States should not put troops on the ground in Syria. The introduction to that
survey question was about as sharp as it could be, noting that the current
dictatorial regime has killed more than 7,000 of its own people to try to end
the rebellion. And still, nearly eight in 10 said no to troops. Air support to
protect anti-government groups was somewhat more popular, but the only
proposal for Syrian action that gained majority support in the Fox survey
was providing humanitarian aid 82 percent backed this measure. After a
round of severe and highly publicized bombing in Homs in February, a CNN
poll found similar reluctance to do anything. Just 25 percent said the United
States had a responsibility to do something about the fighting in Syria; 73
percent said it did not. Twice as many 50 percent said countries other
than the United States have a duty to intervene. The raw political calculus
for US President Barack Obama if based on his experience last year in
Libya does not predict a windfall of public support or satisfaction even if
intervention did result in regime change.
Obamas Republican opponent, Mitt Romney, has criticized the
presidents actions so far as a policy of paralysis and advocated arming
anti-government groups. Such a proposal also receives little support from the
public just 25 percent in the Fox News poll. But theres another strain of
polling that hints at broader support for military action, particularly in the
case of genocide. More than seven in 10 Americans supported the use of US
troops to stop a government from committing genocide and killing large
numbers of its own people, according to a 2010 poll by the Chicago
Council on Global Affairs. The finding was no one-year fluke: The idea had
at least 69 percent support in biennial surveys since 2002, with little falloff
during the wars in Afghanistan and Iraq.
The two results may seem contradictory. On the one hand, Americans
are willing to use their own military to step in the way of genocide, but on
902

the other they overwhelmingly oppose such action to prevent such violence
in the specific case of Syria.
The Chicago Council survey provides some clues for the divergence.
When asked about specific scenarios, support was lower for joining a
peacekeeping force in Darfur (56 percent) and still lower for ensuring a
peace agreement was kept between Israel and the Palestinians (49 percent).
It may be that Americans have an idea that the United States should
intervene in the worst of humanitarian circumstances, but that the military
cannot go to every nation where violence breaks out, especially without
support from NATO or the United Nations. Syria certainly appears to be in
crisis territory, but Americans are not paying a great deal of attention. In
addition to a presidential election, the publics gaze is largely stuck on the
economy. Fully 37 percent of the public said in April they were following
the violence in Syria not at all closely in a Pew Research Center poll. The
latest and most shocking violence could change that dynamic, but like the
road to peace in Syria, public support military intervention appears to have a
long way to go. (Scott Clement for Foreign Policy, reprinted in TheNation
3rd June)
Annan is frustrated, this is a disaster ! UN envoy Kofi Annan
expressed his frustration at the situation in Syria, saying we have run out of
patience, we are not grateful to the killings. Im the first to condemn these
operations and I want the acceleration of the plan. Annan also
acknowledged that Syria is sliding toward a state of all-out war, which
would mean that his initiative has failed to implement a cease-fire in the
country, and so the question that must be asked here is: If Annan is
frustrated, then how do you think the Syrians and all those who are
sympathetic with them feel, with regards to the Assad regimes crimes?
Since the announcement of Annans initiative, until today, a significant
number of Syrians have been killed; men, women and children. This is not to
mention the increasing number of massacres committed by Assad regime
forces, whilst the last such incident saw an injured Syrian civilian being
crushed to death beneath a tank. And so after all this, Annan is now
expressing his frustration? This, in itself, is truly frustrating, and indeed
infuriating, particularly as Annan says that if his initiative is not the right
solution, then there is another solution, and this is the work of the Security
Council.
In other words, Annan has no intention of announcing the failure of
his initiative, but rather he wants the Security Council to do so, despite the
fact that he is well aware that it is completely paralyzed toward the situation
903

in Syria due to Russia and Chinas position. It is clear that Annan does not
resent Moscow and Beijings position which is supporting Assads crimes,
but is trying to exploit this in order to avoid announcing the failure of his
own initiative; therefore this is a disaster!
This means that the international community does not only have to
convince Russia and China that Assad is a murderer who must not be
defended, and that standing behind him will cost Moscow and Beijing; the
international community must also unfortunately convince Annan of the
necessity of announcing the failure of his failed mission in Syria. This is
something, of course, that does not necessarily mean the announcement that
Annan has failed personally so much as it means that Assad has failed to
fulfill his promises.
Therefore it is extremely frustrating that Annan is expressing his
frustrations regarding his own initiative, and does not want to announce its
failure, and in addition to this has put the ball in the court of the UN Security
Council, whose hands are tied by the Russian and Chinese veto.
However what is even more frustrating than this is the fact that Annan
himself is well aware that Assads killing machine has never stopped, and
that Syrias future is in danger, as is the security of the region as a whole.
Therefore, after all this, what must happen in order for Annan to announce
the failure of his initiative? Why did he not, at least, impose a deadline for
his initiative, as called for by Qatar? This is not a personal issue toward
Annan, for people are being killed in Syria on a daily basis, and the
countrys social peace is at stake, whilst there is also a genuine threat to the
security of the region as a whole. Does Annan want Syria to end up as
another Rwanda or Bosnia, whose crises he failed to address during his time
as UN secretary-general?
Therefore if there is frustration, this is because there are many people
who want to avoid confronting the truth, and this includes Annan himself,
whilst things that we were saying months ago are now what people want to
see happen today, as if this were completely new. Only a few recognize that
what is happening in Syria is the real revolution in our region, and therefore
if Annan, and others, do not want to acknowledge this, then the least that
they particularly Annan must do, is not grant Assad one opportunity after
another, because people are being killed in Syria on a daily basis. (Tariq
Alhomayed for Arab News, reprinted in TheNation 4th June)
Outraged? In the war fever being ramped up against Syria, there is
broad public indignation over the massacre of more than 100 civilians in the
904

town of Houla last weekend While details of the Syrian massacre are
unclear and still subject to dispute, Canada, Switzerland, Bulgaria, Australia,
Germany, Spain and the United States have expelled Syrian diplomats in
protest. The State Department called the rampage despicable and
complained about a regime that could connive in or organize such a thing.
The department was silent on the US killing four years ago of just as
many Afghan civilians, including 60 children, in Azizabad. A draft UN
Security Council press statement said about the Aug 22, 2008 bombing that
member nations strongly deplore the fact that this is not the first incident of
this kind and that the killing and maiming of civilians is a flagrant violation
of international humanitarian law. The crime wasnt decried as a massacre
by our foreign office which finds it easier to denounce indiscriminate attacks
when the enemy du jour stands accused.
US envoys werent thrown out of capital cities when Afghan villagers
said between 70 and 100 civilians, including women and children, were
killed May 5, 2009 by a US raid against Bala Baluk. US foreign service
officers stayed comfy in their posts later that year when US jets killed 99
Afghans when they bombed a pair of hijacked fuel tankers Sept 4.
US ambassadors werent dismissed from Paris or Rome when our jets
attacked a wedding party Nov 4, 2008 in Kandahar Province, killing up to 90
people and wounding 28. In July that year, the US had bombed a wedding
party in Nangarhar leaving 47 civilian partiers dead, including the bride. On
July 4, that year 22 civilians were blown up when US helicopters rocketed
two vehicles in Nuristan.
I suppose its not too late for civilized governments around the world
to suspend relations with the United States to protest the killing of as many
as 170 civilians that died under the US-led bombing of Helmand province at
the end of June 2007, or the 21 civilians that were killed in the same area on
May 9 that year.
In Oct 2004, Human Rights Watch estimated that 100,000 Iraqis had
been killed since the US bombing and the invasion started in 2003. The State
Department neglected to condemn this mass destruction of civilians, and the
Pentagon responded to the report not with a denial but with an
announcement that it did not keep a tally of civilian deaths.
The Security Council might have resolved some mild censure when its
own investigators confirmed in October 2001 that US warplanes had
destroyed a hospital in Western Afghanistan a blatant violation of the laws
of war, since hospital roofs are clearly identified.
905

Of course US bombardment of legally protected populations and


civilian objects is always accidental, like when the Pentagon said its
missiles had mistakenly killed nine civilians south of Baghdad Feb 4, 2008.
The same apologists regularly declare without irony that the US air force is
the finest and best equipped in the world.
Some will say the Syrian murders are far worse than unavoidable
wartime errors because the government there is said to have attacked its
own people. They will have to forgive the scoffing coming from descendants
of enslaved African Americans, Native North American Indians, interned
Japanese Americans, and the civilian victims of our human radiation
experiments and nuclear bomb testing. (John LaForge, The News 4th June)
Do the Syrians matter? Buoyed by the success of popular rebellions
against dictatorship in Egypt and Tunisia, the Syrian people rose to
challenge the brutal rule of a minority clan that had been in power since
1970. But their uprising was met by an even more brutal military crackdown
by the regime.
The popular movement against the tyrannical rule by the al-Assad
family has since turned into an armed rebellion resembling the civil strife in
Libya that was brought to an end only through outside intervention. But with
no such intervention on the horizon to unseat the Assad dynasty, Syrians
continue to die at a frightening pace, and in ever more gruesome ways.
The rebellion of the Syrian people has turned into a tragedy of
monumental proportions. International concern about the carnage in Syria
keeps growing as more people lose their lives with each passing day. A
nation is threatened with self-inflicted annihilation because Bashar al-Assad
is clinging to power just like Col Qaddafi.
The ongoing mayhem in Syria has the potential of repeating the
horrors of Libya where nearly 30,000 people died before Qaddafi was finally
driven out of power. According to eyewitness accounts, when Muammar
Qaddafi was being savaged by his assailants, he repeatedly asked: What
have I done to you?
At moments like these, one should acknowledge the pragmatism of
more down-to-earth strongmen like Ben Ali and Hosni Mubarak who quit
power to save their people from the looming bloodbaths. Yemen, on the
other hand, was subjected to prolonged violence as the dictator, Ali Abdullah
Saleh, continued to nurse the hope of staging a comeback.

906

Looking at the recent wave of Arab revolutions to bring down


presidents for life, it is pertinent to recall how the US leaders acted with
sagacity to limit their presidents to two terms of four years. Iran adopted the
same system after the Islamic revolution. Many other countries, including
France and Russia, have adopted the same principle
While Western powers try to bring Russia and China on board for
tougher sanctions against the Syrian regime by the UN Security Council, the
supporters of the protagonists are stepping up arms supplies and funding for
a decisive battle. As the cradle of civilization burns, the limits of the
institutional system set up after the World War II to safeguard international
peace and security become more obvious. In the ultimate analysis, the
system is run by its creators, the nation states or more specifically the big
powers. Once more it is the big boys the US, Russia, China, and France
and Britain which have to agree on a way out of the Syrian quagmire.
They acted decisively in Libya but the price of a heightened degree of
a muscular application of the Security Councils mandate by NATO is being
paid indirectly through lack of action in Syria. We see a collective throwing
up of hands in resignation against another military intervention. There is no
clear indication of how the civil war in Syria will ever end if the lesser
powers backing the regime or its opponents are not stopped from fuelling the
conflict.
In this context though, the words attributed to Russian foreign
minister Lavrov about Bashar al-Assads possible departure from power are
quite revealing. There are whispers that the West and Israel could live with a
regime minus the Assad family, rather than facing the prospect of an Islamist
takeover. Devilishly expedient, you might say, but where do the 20 million
Syrians figure in all this? (M Saeed Khalid, The News 15th June)

Yemen
Situation in Yemen has gone out of hand: It was only a few months
ago that the developments in Yemen seemed to be taking a positive turn. The
political scene was changing in keeping with what the people had demanded
months earlier. Yemen looked like it was finally on the road to recovery and
nation-building through a process that was inclusive.
But months on, the situation in Yemen gives the impression that
matters have gone out of hand. The long struggle for a democratic system
has taken a back seat as the countrys attention is diverted towards other
problems.

907

A total of 66 people were killed as a result of the sectarian fighting


between Salafists and the Al Houthis in the northern province of Saada. This
clash is not the first. It is a recurrent incident as the problem has not been
solved or eradicated completely.
Furthermore, another open front is the one against al-Qaeda. A
government plan to end the presence of al-Qaeda in the country has seen
many clashes including the one last week when at least 13 al-Qaeda
extremists were killed.
These clashes are costly and a drain on Yemen. It is not only
embroiling the nation in endless and destabilizing warfare but, more
importantly, also derailing the establishment of a democratic process. Hence,
Yemeni leadership now needs to focus on what it must achieve for its
people. (Gulf News editorial, reprinted in TheNation 6th June)
How drones help Qaeda: Dear Obama, when a US drone missile
kills a child in Yemen, the father will go to war with you, guaranteed.
Nothing to do with al-Qaeda, a Yemeni lawyer warned on Twitter last
month. President Obama should keep this message in mind before ordering
more drone strikes like Wednesdays, which local officials say killed 27
people, or the May 15 strike that killed at least eight Yemeni civilians.
Drone strikes are causing more and more Yemenis to hate America
and join radical militants; they are not driven by ideology but rather by a
sense of revenge and despair. Robert Grenier, the former head of the CIAs
counterterrorism centre, has warned that the American drone programme in
Yemen risks turning the country into a safe haven for Al Qaeda.
Anti-Americanism is far less prevalent in Yemen than in Pakistan. But
rather than winning the hearts and minds of Yemeni civilians, America is
alienating them by killing their relatives and friends. Indeed, the drone
programme is leading to the Talibanization of vast tribal areas and the
radicalization of people who could otherwise be Americas allies in the fight
against terrorism in Yemen.
The first known drone strike in Yemen to be authorized by Obama, in
late 2009, left 14 women and 21 children dead in the southern town of alMajala, according to a parliamentary report. Only one of the dozens killed
was identified as having strong Qaeda connections.
Misleading intelligence has also led to disastrous strikes with major
political and economic consequences. An American drone strike in May
2010 killed Jabir al-Shabwani, a prominent sheik and the deputy governor of
908

Marib Province. The strike had dire repercussions for Yemens economy.
The slain sheiks tribe attacked the countrys main pipeline in revenge. With
70 percent of the countrys budget dependent on oil exports, Yemen lost over
$1 billion. This strike also erased years of progress and trust-building with
tribes who considered it a betrayal given their role in fighting Al Qaeda in
their areas.
Yemeni tribes are generally quite pragmatic and are by no means a
default option for radical religious groups seeking a safe haven. However,
the increasing civilian toll of drone strikes is turning the apathy of tribal
factions into anger.
The strikes have created an opportunity for terrorist groups like Al
Qaeda in the Arabian Peninsula and Ansar al-Sharia to recruit fighters from
tribes who have suffered casualties, especially in Yemens south, where
mounting grievances since the 1994 civil war have driven a strong
secessionist movement
Yemenis are the ones who suffer the most from the presence of Al
Qaeda, and getting rid of this plague is a priority for the majority of Yemens
population. But there is no shortcut in dealing with it. Overlooking the real
drivers of extremism and focusing solely on tackling their security
symptoms with brutal force will make the situation worse.
Only a long-term approach based on building relations with local
communities, dealing with the economic and social drivers of extremism,
and cooperating with tribes and Yemens army will eradicate the threat of
radicalism.
Unfortunately, liberal voices in the United States are largely ignoring,
if not condoning, civilian deaths and extrajudicial killings in Yemen
including the assassination of three American citizens in September 2011,
including a 16-year-old. During George W. Bushs presidency, the rage
would have been tremendous. But today there is little outcry, even though
what is happening is in many ways an escalation of Bushs policies.
Defenders of human rights must speak out. Americas
counterterrorism policy here is not only making Yemen less safe by
strengthening support for AQAP, but it could also ultimately endanger the
United States and the entire world. (Ibrahim Mothana for NY Times,
reprinted in The Nation 15th June)

Libya

909

Libya needs more than elections to prevent civil war: Civil war
and increased bloody lawlessness in Libya is now a real possibility, with all
indicators suggesting the worst may be yet to come because of the continued
lack of state control and failure to stabilize the security environment.
Militias continue to constitute the primary force in Libya, militarily and
politically. They represent regions, tribes and powerful families, though
some are simply criminal. Most act independently of the interim
government, the National Transitional Council (NTC), especially the most
powerful ones such as those from Misrata in the east and Zintan in the west.
Although Libya has a more homogenous population than Iraq and Lebanon
and is therefore unlikely to suffer civil war on the same scale as in either of
those countries the future does not bode well because of two principal
reasons.
First, national security lacks co-ordination and organization with the
result that conflict between rival groups and criminal activities like
smuggling and terrorism flourish in the gaps.
Second, the stakes are likely to be higher after the coming elections,
rather than lower. Many Libyans argue that elections offer the best hope of
stability in the form of a more assertive state a view also shared by
journalist Lindsey Hilsum.
However, the situation could become more volatile after the elections
as the various factions contest one another for control of the country, its
riches and the army not least since rival militia forces will be contesting
the elections directly or will have extensive links to the political leaders that
emerge. Militia forces will, therefore, fear the personalization of state
institutions by rivals and look to assert their own control over the most
powerful of ministries and institutions. Thus, infrequent and localized
struggles could turn into conflicts for survival and superiority. However,
rather than pinning too much hope on the elections there are several steps
that could be taken to both stabilize the country today and protect the
population against protracted conflict in the future.
Some argue that the best way to give the state increased control is to
reinforce the national army currently controlled by the NTC and equip it
with more sophisticated weaponry. But that could escalate the problem by
forcing the militias to amalgamate into coalitions in order to preserve their
superiority; they will not back down in the face of an emboldened NTC
army and will look to support from outside forces.

910

An alternative approach would be to accept that the most powerful


militia forces will remain as the primary force on the ground and that the
NTC, unpopular and illegitimate in the eyes of the militias, is unlikely to be
able to form an effective army independently. The most powerful of militias
could, therefore, be integrated to form (and preside over) a centralized
national army that combines with a power-sharing mechanism stopping any
one group from consolidating too much power.
Finally, the existing regionalized security environment could be
reworked so that while militia forces are kept intact and in some cases even
strengthened, their military role would be sustained as part of a regulated
framework underpinned by dispute-resolution mechanisms and one that
makes them more organized, efficient and accountable forces able to protect
their regions and national borders.
This would allow the militias to properly and legitimately maintain
their status as law enforcers in the disparate regions they control while also
allowing a centralized state force to emerge.
The so-called national army, operating out of Tripoli, would in this
scenario simply co-operate with regional forces on matters of intelligence
and military operations, while also intervening in local disputes as and when
needed, and acting as a mediator in a manner akin to the mobile forces that
existed in the 1950s and 1960s, under Libyas former ruler, King Idris.
(Ranj Alaaldin for Guardian, reprinted in The Nation 15th June)

Egypt
Mubarak verdict closes book on Egypts ugly era: To be sure, care
must be taken not to judge the countrys mood on the evidence of isolated
demonstrations, but the coming days will no doubt be another test for Egypt
as it further loosens the shackles of Mubaraks reign.
Moreover, the appeals process is bound to rekindle resentment, and
frustrations will continue to boil.
What impact yesterdays ruling will have on Egyptian presidential
politics is another open question.
The ruling may significantly shift support away from Mubaraks
former prime minister Ahmed Shafiq, and towards the Muslim
Brotherhoods Mohammed Morsi, in the upcoming presidential run-off this
month.

911

And yet none of this should detract from the institutional and judicial
progress being made. Transition from autocracy to democracy is proving to
be difficult, but it is progressing. Fair parliamentary elections, the
suspension of emergency law (which also came at the weekend) and now
transparent judiciary trials are signs that Egyptians are, finally, turning the
page. (The National Editorial, reprinted in TheNation 3rd June)
Darkness starts to fall on the Egyptian spring: Even last weeks
watershed moment the expiry of Mr Mubaraks three-decade state of
emergency may not be all it seems. There is little sign that detainees held
under the now-defunct law will be released, and the tribunals convened to
try protesters continue. On all counts, therefore, the military has crimped the
high hopes of the revolution, and hints that it will play an overbearing role in
defining the newly elected Presidents powers are further cause for concern.
It is for the presidential elections that the verdict on Mr Mubarak and his
henchmen has the profoundest implications. To the disappointment of many
of the young, liberal protesters who led last years demonstrations, the runoff in two weeks time is between two candidates who personify the divide
between the old guard and the Islamists they fought to transcend.
The choice was never a comfortable one, and it is Mohamed Morsi, of
the Muslim Brotherhood, who gains most now. His opponent, Ahmed
Shafik, had hoped to benefit from liberals wariness in any form. But the
offices of the former Mubarak-era Prime Minister were attacked in the
aftermath of the weekends verdict; and amid speculation that he might, as
President, pardon his former boss, Mr Morsi spoke out for the protesters and
vowed to retry the acquitted officials.
The prospect of an Islamist President remains a disconcerting one, for
all Mr Morsis alleged commitment to freedom of expression and womens
rights. But what Egypt needs above all else is a government with sufficient
credibility to deal with the countrys growing economic problems and to
heal the social fractures caused by 30 years of despotic misrule. With
protesters returning once again to Tahrir Square, that need is greater than
ever. (Independent, reprinted in TheNation 5th June)
What now for Egypt? Some Egyptians have begun to wonder
whether they want change for the sake of change or whether such change
can lead to better conditions. They have started to view the revolution as the
crisis of the elite, with Tahrir as a sideshow of disengaging revolutionaries
united in the elements they despise, not in what they share. The low turnout
in Tahrir recently confirms these views.
912

While I hope the legal questions about the Shafiq candidacy will be
settled on Thursday, lets not forget that all presidential candidates indirectly
accepted him by agreeing to run in the first round. The turn against the
whole process following the result was a simple act of political immaturity
the same immaturity that led the revolutionary to push for a hasty trial of the
ex-leader rather than leaving him under house arrest until the end of the
transition when he could be tried under new leadership and after the
collection of reliable evidence against him and his men.
Egypt was and still is in desperate need of reconciliation and
consensus, but there is no reconciliation without truth, and there is no
consensus without compromise and political maturity. So far, these are rare
commodities. Tyranny is not a virus that exists in Egypts presidential
palace; it is a chronic process of corruption and greed that call for long
term treatment with a lot of tenacity and patience.
Whatever the Constitutional court decision however unsatisfactory it
may be we must accepted it and move on. It would be far better for all
parties involved to draw a line behind past blunders, and focus on the future,
particularly the new constitution, one that should eradicates all elements of
authoritarianism and bring more measures of transparency and
accountability in order to prevent the new president from becoming another
Mubarak. (Nervana Mahmoud for Telegraph, reprinted in TheNation)

REVIEW
The bloodshed in Iraq continued unabated. The news reports about all
the killings initiated by western news agencies, however, invariably end with
this familiar sentence: Violence across Iraq has declined dramatically since
the 2006-2007 peak but attacks remain common... To the contrary, news
reports from Syria end with blaming Assad Regime for massacres and
claiming that fully-fledged civil war was now raging in the country.
The militants in Yemen have suffered setbacks at the hands of
security forces which are supported by the United States. The drone attacks
are important component of the American support. The Crusaders claim that
killings in remote areas of southern tip of Arabian Peninsula, was making
the civilized world safe with each passing day.
While resenting the lenient punishment awarded to Hosni Mubarak,
The people of Egypt eagerly awaited to vote for the final phase of

913

presidential poll in a few days. The West and Egypts military will try their
utmost to defeat the candidate of Muslim Brotherhood democratically.
The tussle between the revolutionary forces and their European
mentors over trial of Seif son of Gadhafi for committing war crimes took an
embarrassing turn for the civilized world. A team of International Criminal
Court visiting Libya was first kidnapped and then landed in a jail. But, the
civilized world was not much perturbed over it as the incident overshadowed
the media debate over war crimes committed by NATO forces and the
freedom fighters supported by Europe and America.
16th June, 2012

WAR WITHIN-XIV
In the introduction of last review the sixth day of June was termed
historic. On that day the Supreme Court issues notices to Prime Minister and
Speaker National Assembly when it began hearing if petitions challenging
the Speakers ruling wherein she had refused to act as post office. A bench
also heard the suo moto case pertaining to Arsalan-Malik Riaz and in yet
another suo moto case, the CJP ordered production of four women who were
reportedly executed on orders of a local jirga.
While writing those lines it was never visualized all that was to
follow. What happened during the following week is evident from the
voluminous news and views included in this review. The news, planted and
the real ones, the views, honest and engineered kept pouring like monsoon
bursting in Chirapoonji and the more have been forecast.
The week began with Malik Riaz returning to Islamabad under
security arrangements usually laid out for the VVIPs. Next day he submitted
his statement in the Supreme Court and a few hours later held a press
conference in a five-star hotel during which he asked questions from the
Chief Justice waving a copy of Holy Quran. His intention was crystal clear;
to implicate the CJP in a corruption scandal along with his son.
The two-member bench hearing the case wasted no time in deciding
the matter. The court directed the Attorney General of Pakistan to get the

914

state machinery moving to probe into the matter and initiate criminal
proceedings against Dr Arsalan, Malik Riaz and his son, a British citizen.
This was a bold decision as it amounted to throwing Arsalan before the dogs
that were hounding for him since long.
Only a day earlier, the AGP Irfan Qadir had resorted to rowdy
behaviour in the Court Room No 1 of the Apex Court during hearing of the
case of conviction of Gilani in contempt case and resultant ruling by the
Speaker National Assembly. He used obnoxious language and made vulgar
gestures at the judges on the bench. Quite astonishingly, the court remained
persistent in exercising judicial restraint.
Meanwhile, the Supreme Court continued hearing the cases of missing
persons and the CJP expressed his annoyance over recovery of dead bodies
of those persons about whom he had produced before him. At one stage he
showed the intention to call the COAS in the court.

NEWS
Power politics: On 11th June, Altaf Hussain, said during a
telephonic conversation that MQM is a deal-making party and cannot be
wiped out and the state agencies hatching conspiracies against it should
accept the MQM as a reality. He was addressing the 34 th Foundation Day of
the All Pakistan Muttahida Students Organization in different parts of the
country, he cautioned decision makers that the MQM was a reality and
without its involvement, no decision could be taken as it was a major
political party whose philosophy had now spread to other parts of the
country also.
Parliamentarians belonging to the PML-N staged a sit-in and protest
outside the President House in a bid to increase pressure on the government
to quit. Its high time the rulers and their government quit; otherwise, they
will face the same fate as Hosni Mubarak, opposition leader threatened.
Criticizing the government, he maintained that the rulers were now left with
only two options either they should resolve the problems of masses, end
corruption and accept decisions of the independent judiciary, or be prepared
to face accountability.
Next day, PML-Q President Shujaat Hussain separately met with
President Zardari and Prime Minister Gilani and had extensive discussions
with them for working out a formula to be followed in the election year and
later in the general election. Shujaat Hussain had developed a broad
915

understanding with the PPP leadership that the PML-Q would support the
PPP for the formation of government in the Centre while the PPP would
assist the PML-Q for forming the government in the Punjab.
According to an official announcement, Shujaat Hussain called on
Prime Minister at the PM House and discussed the current political situation
with him. Shujaat said that the PML-Q would continue to be a partner of the
PPP for safeguarding and strengthening of democracy in the country. The
prime minister thanked the PML-Q chief for the conduct of his partys
provincial legislators and PPP members during the budget speech in the
Punjab Assembly.

Rule of law: On 11th June, Kohistan singing and dancing video


scandal took a new turn when the seven persons, named as eyewitnesses of
the killing of the five women by a close relative of one of the two accused
men, told a court that they were unaware about such an incident. They said
Mohammad Afzal was telling lies as they lived far away from the village to
which the women belonged.
In another development, elders of Salakhel tribe sought the help of a
former tehsil nazim of Pattan to end their enmity with the Azadkhel tribe.
They warned that if their enmity didnt end then the rival tribe would kill
Mohammad Afzal, who had broken the news about the killing of the five
women on the orders of the jirga, and his two detained brothers for recording
the video and making it public.
Gilanis son MNA Ali Musa Gilani once again vehemently denied
having any link with a person identified as Tauqir or any of the others
accused in the Ephedrine scandal, while investigation teams continued to
assert that they had enough evidence to prove his involvement in the scam.
Ali Musa Gilani attended an inquiry held at the ANF headquarters.
reportedly, he did not add a single word to his previous statement.
The Supreme Court issued notice to Chaudhry Shujaat Hussain for
launching anti-judiciary advertisement campaign in print and electronic
media in the NICL scam that involved loss of billion of rupees to the
national exchequer. Justice (R) Ghulam Rabbani, the other day submitted
final report before the court, holding the PML-Q leadership responsible for a
campaign against judiciary in the electronic media.
The court also ordered the Federal Investigation Agency (FIA)
director general to appear before the court and explain as to what steps have
so far been taken to bring back the money of the NICL, transferred to

916

foreign banks by Chaudhry Shujaats nephew Moonis Elahi. The court also
ordered strict security measures for Zafar Qureshi, who was investigating the
NICL scam, after he told the court that inside court he is secure, but outside
the court he is no more secure.
Earlier, Secretary Commerce submitted before the court that he has
completed the process for moving a summary to the prime minister to
recover Rs35 million from Ayaz Khan Niazi paid to him as perks and
privileges. The secretary also tendered apology before the bench for delay in
the initiation of action against Niazi and justified the delay through
informing the bench that he was accompanying President Zardari during his
recent visit to China. The court adjourned the case till June 22.
On 13th June, Attorney General Irfan Qadir handed to Chief Justice a
letter from senate chairman requesting for giving special treatment to the
case of Rehman Malik. The court turning down the request maintained that
all parliamentarians who hold dual citizenship would be treated equally.
Retaining the order to suspend the membership of Senator Rehman Malik
and MNA Farahnaz Isphani, the Supreme Court suspended the membership
of three more lawmakers belonging to provincial assemblies of Punjab and
Sindh. Punjab MPAs Muhammad Ikhlaq and Amna Butter and Dr Ahmed
Ali, MPA from Sindh, admitted that they were enjoying dual nationality.
Lawyer Chaudhry Azhar failed to submit proof of his client Rehman
Maliks renunciation of UK citizenship. Justice Jawwad wondered that the
counsel could not submit the RN form despite the repeated requests in the
last five hearings. Wasim Sajjad, counsel for Farahnaz, did not appear while
AOR prayed for the adjournment.
The Supreme Court bench headed by Chief Justice indicted FIA
Director Waqar Haider in contempt of court case. The SC ruled that Haider
created hurdles in the way of justice by barring FIA officer Zafar Qureshi
from entering his office. Unfortunately trend of defying court orders is
taking place, the Chief Justice remarked. The court rejected the apology
tendered by the FIA officer.
It is worth mentioning here that FIA Additional Director General
Zafar Qureshi could not resume inquiry into NICL scam last year on August
13th, 2011 when he was not allowed to enter the FIA office Regal Chowk on
the pretext of a bomb in the building. The so called bomb call was aired by
an Assistant Director Security on behest of Director FIA Punjab, Waqar
Haider.

917

It is also noteworthy that after restoration of Zafar Qureshi, the FIA


DG had sent the investigation teams four members Deputy Director Javed
Shah, Assistant Directors Khalid Anees and Muhammad Ahmad and
Inspector Muhammad Sarwar on forced leave till September 30th, 2011, the
date of retirement of Zafar Qureshi.

Defiance of judiciary: On 11th June, Ansar Abbasi, who has


distinction of meeting Malik Riaz five times in connection with Arsalan
case, reported: Whether you call its Arsalangate, Malikgate or Trapgate, the
most disturbing aspect of the present conspiracy against Chief Justice
Iftikhar Muhammad Chaudhry appears to be a perfect case of entrapment
that includes hefty contributions from Malik Riaz of Bahria Town while
certain elements representing the prime minister and even the ISI also have
an alleged role in this dirty game.
What Malik Riaz or his men did has already been shared by the real
estate tycoon with quite a few journalists and is now public knowledge,
though denied by his lawyer. However, Ahmad Khalil, a close buddy of the
prime minister, played the master stroke by inviting his best friend Arsalan
and his widely respected and reputed father to his Lahore residence on Eid
dayan apparently uninvited Yusuf Raza Gilani also arrived before the CJ
had left.
Ahmad Khalil, who has been a frequent visitor of PM House and the
Secretariat besides having been part of some of the official foreign tours of
the prime minister, recently denied while talking to this correspondent that
the encounter between the chief justice and the prime minister was a set-up.
When asked if he had told Prime Minister Gilani about the Eid day visit of
his best friend Arsalan and his father, the Chief Justice of Pakistan, he said
the premiers visit was unscheduled and sudden.
This scribe talked to Ahmad Khalil on June 6 but since then he is
inaccessible as his mobile number is not responding. On June 6, an SMS
message was sent to him with the request that this correspondent wanted to
talk to him but instead of responding directly he immediately rushed to his
close friend and business partner (in one of the Bahria Town projects) Malik
Riaz, who called this correspondent from his mobile and facilitated the talk.
Chief Justice Iftikhar Muhammad Chaudhrys son Arsalan Iftikhar
during his first face to face meeting with this correspondent on this
particular issue, confirmed that he had taken his father to visit his then best
friend on Eid day.

918

He had also confirmed that PM Gilani unexpectedly arrived there and


after the exchange of pleasantries they left. When contacted on Sunday,
Arsalan categorically denied that he had even taken his father to Ahmad
Khalils Lahore residence on Eid day. In response to a question, he said I
cannot say anything about whether the video of the event was made or not.
With yesterdays best friend turning into a fishy character, a middleman
and a pawn playing in the hands of the enemies of the chief justice, the
Bahria Town bosses were duly informed by Ahmad Khalil about his work.
Regarding the ISI role, sources allege that there is a video made by an
ISI Major or Lt Colonel, showing Arsalan Iftikhar collecting cash in a house,
alleged to be a safe house. Arsalan Iftikhar, when contacted, said that he had
engaged an acquaintance from ISI, a Major/Lt Colonel to get the payment in
relation to a contract between Fecto Cement and Radian Power Energy. He
said that he received cash on account of the same contract. When asked
where it happened, he said I did not remember the exact location but it was a
vacant and new house.
He, however, had no explanation as to how the alleged video was
made. The ISPR has denied that the ISI had any role in this scandal whereas
former DG ISI Lt Gen (R) Shuja Pasha, when contacted, categorically said
that neither he allowed any such assignment nor anyone in the ISI could do
this without the DGs permission.
In his background briefing with quite a few journalists, Malik Riaz
showed them documentary evidence against the alleged corruption of
Arsalan Iftikhar. He also talked of some video but did not show it to anyone.
Publicly he has denied the media reports regarding his meetings and
discussions with media men Regarding the unauthorized recordings and
videos, the Bahria Town sources said that they did it because they were
blackmailed by Arsalan Iftikhar, who, however, denies all charges leveled
against him and insists that he is innocent.
The Supreme Court said if the graft allegations against Arsalan
Chaudhry, the son of Chief Justice Iftikhar Muhammad Chaudhry, were a
conspiracy, it would be proven during the course of the trial. It also ordered
that a security detail be attached to Arsalan while directing Malik Riaz
Hussain to submit his reply by tomorrow. Meanwhile, relevant documents of
Bahria Town were handed over to the SC Registrar.
The court gave the orders for a security detail after the CJs son,
through his counsel Sardar Ishaq, had requested the court that as his father
had barred him from the family residence, he should be provided security
919

because Malik Riaz or anyone else could harm him. He had contended in his
application that the federal and provincial governments, in view of
impending threats, had conveyed to him in both Islamabad and Lahore to be
careful in his movements.
At the outset of the hearing, Arsalan appeared before the court and
referred to a programme aired on Geo TV and conducted by Sana Bucha,
which was attended by four journalists, including Najam Sethi, Saleem Safi,
Iftikhar Ahmed and Hamid Mir. He informed the court that Hamid Mir
stated in the said programme that Malik Riaz had told him he had videos as
well as pictures of his mother and sisters. Arsalan contended that these
videos pertained to the period during which his mother was in London along
with other family members. Arsalan insisted that the script of the said
programme be called for and on having verified the fact, direction be issued
for registration of a criminal case against Malik Riaz.
As Arsalan asked the court to take action against Malik Riaz, the court
ordered him to remain patient and speak through his counsel who had
appeared on his behalf. Justice Jawad S Khawaja asked Sardar Ishaq to
guide Dr Arsalan. This is not the manner, the way you are talking before the
court. Enough is enough, he said, reprimanding Arsalan.
Zahid Bukhari assured the court that Malik Riaz would not take any
step to harm Arsalan Iftikhar. He also sought two days for the reply of Malik
Riaz Hussain who, he argued, was ill. The court, however, directed him to
file the reply by June 12. Barrister Ali Zafar, the counsel for Bahria Town,
while appearing before the court submitted that Secretary Bahria Town could
not appear in the court. At this, Justice Jawad said that this was a court and
should not be turned into Bahria Town.
The court also noted that the Federal Board of Revenue (FBR)
chairman had sent under sealed cover the income tax returns of Malik Riaz
Hussain till 1996 and stated that records for the following years were not
available. Later, Mohammad Aqil Usman, FBR member legal, told the court
that they had arranged the available material on an emergency basis in
compliance with the courts order. The court, however, observed that Malik
Riaz remained the Bahria Town chairman till May 15, 2012 and directed that
the tax returns of Bahria Town and the partnerships till May 15, 2012, be
submitted today (Tuesday).
Malik Riaz arrived at the Benazir Bhutto International Airport late
night by his special plane. He said, since the court has forbidden me from
talking to the media, I will only tell you that I will record my statement in
920

the court. Flanked by security guards, Malik Riaz came out of the airport
and later left for his residence and route protection was laid by the regime.
Aitzaz Ahsan said that no one should point a finger at the chief justice,
while admitting that Malik Riaz had shown him some material relating to
Arsalan and he felt sorry for the CJs son. He said Chief Justice had nothing
to do with the alleged wrongdoings of his son and he (Arsalan) was himself
responsible for his actions.
Aitzaz said he had not burst into tears upon seeing the material against
Arsalan as he had wept only on two occasions on the demise of his mother
and Benazir Bhutto. He said Malik Riaz had retuned and would present the
relevant material in the Supreme Court and it was up to the court to ascertain
whether this was all a conspiracy or not.
Responding to a question, Aitzaz declined to give details of the
material shown to him, saying it was highly improper to discuss in public the
material on the basis of which the SC would decide the issue. However, he
said the media had exaggerated the issue on the basis of hearsay, which was
highly regrettable. To a question, he dismissed the impression that the issue
was being highlighted to get the PMs son exonerated in exchange for a
clean chit for the CJs son.
Brushing aside any possibility of filing a reference against Chief
Justice on account of his sons alleged dealings with a noted business
tycoon, Prime Minister said that the case had been greatly exaggerated and
there was no question about proceeding against the Chief Justice of the apex
court. Commenting on media reports that said otherwise, the he maintained
that only a small section of the press had been projecting the issue of
sending a reference and clarified that such reports were baseless.
Next day, addressing a press conference at a local hotel in Islamabad,
Bahria Town chief posed three questions to Chief Justice, revealing that
several meetings were held between him and the chief justice in the
darkness of night, and asking the CJ to tell the nation how many such
meetings were held. Riaz questioned whether Arsalan was not a part of these
meetings and did not know about them. He also alleged that the sitting
registrar of the apex court, Dr Faqeer Hussain, was also present during
several of these meetings.
Malik Riaz also asked: How many meetings were held at the
residence of Ahmed Khalil between the chief justice and the prime minister
and was there not a sitting judge of the Supreme Court present during one of
the meetings? For how long did the chief justice know about this [Arsalan]
921

case and why did he wait till media reports to take suo moto notice, Malik
Riaz posed the third question. Malik Riaz alleged that he was blackmailed
and did not pay any bribes. However, Riaz clarified that he had not accused
the chief justice of anything and respected him.
When asked of the repercussions which may arise following such a
news conference, Malik Riaz replied that he did not care if he was charged
with contempt or sent to prison. During the press conference, Malik Riaz
disclosed that he would reveal more details of the matter in the future. He
refused to answer questions by journalists.
Earlier, Riaz appeared before the Supreme Court and told that Dr
Arsalan continuously blackmailed and extorted money from his son-in-law
on different pretexts, misusing his position as the son of the CJ. I have been
victimized and blackmailed by Dr Arsalan Iftikhar, Malik Riaz contended
in his 83-page statement submitted before the court.
Malik Riaz contended that Dr Arsalan was a close friend of Ahmed
Khalil, who happened to be a friend of his son-in-law Salman Ahmed,
adding that Dr Arsalan cheated and defrauded him and his son-in-law and
also got illegal benefits under pressure, coercion and intimation. He said Dr
Arsalan Iftikhar told Ahmed Khalil that he was in the knowledge of suo
moto cases against Bahria Town before his father and could manage to
resolve the said cases.
Malik Riaz claimed in his statement that Rs342.50 million were spent
on Dr Arsalan Iftikhars three foreign tours. He contended that the suo moto
action taken by the chief justice was not legal as no question of enforcement
of fundamental rights had arisen, adding that the Supreme Court was not an
investigating agency and there were numerous competent authorities to
investigate or inquire into alleged commission of crimes.
Preferential treatment is meted out to Dr Arsalan Iftikhar as the
details of the assets, accounts, income tax, wealth tax etc have been
requisitioned from Federal Board of Revenue (FBR) in my respect and no
such details have been asked to be furnished by Dr Arsalan Iftikhar, Malik
Riaz submitted. He, however, submitted that he had great regard and respect
for the Supreme Court and its judges including the chief justice.
Malik Riaz further submitted in his statement that the president, prime
minister or any political party and agency was not involved in this matter,
adding that nobody either prompted him or helped him in any manner in this
whole episode. He contended that his concise statement should not be
considered final and conclusive and he reserved the right to add details and
922

further incriminating evidence at a subsequent juncture before the august


court.
Zahid Bukhari, counsel for Malik Riaz Hussain, suggested three
options for the apex court, saying that the court should form a larger bench
to hear the case, appoint a commission similar to the one which had probed
the memo scandal or send the case for probe. Attorney General Irfan Qadir
suggested that the NAB should investigate the matter under Section 9 of the
NAB Ordinance, while Sardar Ishaq, counsel for Dr Arsalan, suggested to
the court constitute a judicial commission to probe the matter. The court,
however, observed that it would take the suggestions into consideration and
adjourned the hearing till Thursday.
During the hearing when Malik Riaz tried to inform the court about
the facts of the case, the court asked him to abstain from giving facts as Dr
Arsalan was also debarred from speaking before the court in the presence of
his lawyer. The court also asked Malik Riaz to speak through his lawyer.
Justice Jawwad S Khawaja observed that the courts main objective was to
protect the dignity of the institution. At this Zahid Bukhari replied that it
seemed like the Supreme Court had made up its mind about the case, to
which Justice Khawaja replied that his mind would not be made up until he
signed the court order.
The hype and sensation that Malik Riaz tried to create by asking three
questions from the chief justice of Pakistan died a quick death as not only
the Registrar Supreme Court but also senior advocate Aitzaz Ahsan came out
to belie his claims openly on the media. Apparently, it seems to be a
conspiracy to scandalize the Supreme Court with the intention that the chief
justice should detach himself from the benches hearing the Bahria Town
cases.
Malik Riaz questioned: Chief Justice of Pakistan Iftikhar Muhammad
Chaudhry should reveal how many meetings have been held between I and
CJ in the darkness of night? Was Arsalan Iftikhar not a part of these
meetings, does he not know me? The sitting registrar was also present during
several of these meetings.
Dr Faqir Hussain, Registrar Supreme Court replied to this question
that the Chief Justice of Pakistan used to meet many people who would
request him for a meeting during the days when he was deposed. Upon
Malik Riazs request, the chief justice met him a few times in my presence.
Malik Riaz claimed that he had played a role between the Pakistan Peoples
Party and Pakistan Muslim League-Nawazs negotiations and, therefore, he
923

also wanted to play his role in the restoration of judiciary. Malik Riaz
wanted that the CJ should meet President Asif Ali Zardari but his request
was declined by the CJ. Another of Malik Riazs offer of a bullet-proof
vehicle for the chief justice was also declined by Justice Iftikhar Chauhdry.
Secondly, Malik Riaz of Bahria Town asked the CJ in his press
conference: How many meetings were held at the residence of Ahmed
Khalil between the chief justice and prime minister and was there also an
acting judge of the Supreme Court present during one of the meetings? The
Registrar replied to this question by saying that the chief justice did meet
Prime Minister Yusuf Raza Gilani at a few social gatherings but it was not
comprehensible how this could be scandalized.
Malik Riazs third question was, How long did the chief justice know
about this case and why did he wait till the media reports to take suo moto
notice? Registrar of Supreme Court replied that according to his
information, the chief justice was never provided with any evidence and the
moment the media broke the story of presence of evidence which was shown
to journalists, the CJ took suo moto notice on the same day.
Moreover, senior advocate Barrister Aitzaz Ahsan also belied Malik
Riazs claims by saying that he had told the CJ about the sensitivity of the
matter but did not show him any documents in this regard. Aitzaz also said
that he did not follow up with the chief justice on the issue afterwards.
Malik Riaz had shown me the documents some time ago and it was my duty
to inform the CJ about it. He thanked me for coming and said he would ask
Arsalan about this.
CJ Iftikhar Chaudhry convenes full court meeting for 15 th June. The
cases pending with the Supreme Court as well as administrative affairs will
be considered during the meeting. Much importance is being attached to this
full court meeting, particularly after Malik Riaz submitted his statement in
the Supreme Court accusing Arsalan Iftikhar Chaudhry.
On 13th June, taking suo moto notice of a scandalizing press
conference by Malik Riaz, the Supreme Court issued a show cause notice,
asking him to personally appear before the court tomorrow and explain why
he should not be tried for contempt of court. Riaz defied the court by
holding a press conference pertaining to the Arsalan case. With a pocketsized copy of the Holy Quran in his hand, he hurled serious but
contradictory charges against the judiciary, the chief justice and his son.
The bench also said the remarks appeared to be causing obstruction
in the administration of justice because of the pendency of his cases in the
924

court and an attempt to undermine the authority of judiciary. Such


comments were tantamount to contempt of court, the bench said. It clubbed
the suo moto case with a petition filed by a lawyer named Ashraf Gujjar,
who asked the apex court to launch contempt of court proceedings against
the property tycoon.
Malik Riaz revealed that President Zardari put forward two conditions
for the restoration of Justice Iftikhar Muhammad Chaudhry as Chief Justice
of Pakistan which he accepted. First, Ch Iftikhar will not trouble the PPP
government unduly; second, he (CJ) will not run a parallel government. The
deposed CJ had agreed to my requests, he said, adding that he never talked
about NRO issue with the CJ.
He repeated that he still has confidence in the chief justice and all the
other judges, saying at the same time that everything, including justice, was
up for sale in the country. Malik Riaz clarified that he had not accused the
chief justice of any wrongdoing and he had all the respect for him, but he
should answer the questions put to him.
When asked of repercussions which may arise following his action,
Malik Riaz replied that he did not care if he was charged with contempt or
sent to prison. Malik Riaz said this time he went to the Supreme Court not
for buying justice but to present the facts.
Nawaz Sharif discussed the overall political situation in the country
with party leaders with specific reference to the conspiracy aimed at
subduing the superior judiciary and its fallout on the whole system. The
party discussed various aspects of the conspiracy and its possible moves in
coming days and it was decided with voice vote that the PML-N would
stand behind the judiciary and would not let the non-state actors damage the
independence of judiciary or make the judges of the superior court
controversial.
The Rawalpindi District and Lahore High Court Bars Association
banned the entry of Zahid Hussain Bukhari, counsel for real estate tycoon
Malik Riaz Hussain, for supporting Malik who has leveled serious
allegations against Chief Justice of Pakistan Justice Iftikhar Muhammad
Chaudhry at a press conference. The bar associations also decided that no
lawyer would contest any case of Bahria Town Chief Executive Malik Riaz
Hussain in Rawalpindi and the lawyers would also assemble outside
Supreme Court of Pakistan on 14th June.
They said that Malik Riaz was not alone in this dirty game rather
some other forces were also hand in gloves with him to malign the apex
925

court. They said that the black coats were with SCP Justice Iftikhar
Muhammad Chaudhry during this hard time and would also render ay kind
of sacrifice to save the judiciary. The lawyers expressed their reservation that
cases of missing persons and that of against the defiant Prime Minister Syed
Yousuf Raza Gilani could be one of the reasons of the ongoing attack on the
judges.
Imran observed that Malik Riaz has turned Pakistan into an auction
house, (neelam ghar) by allegedly buying politicians, generals, journalists
and bureaucrats and he should reveal the names of these people by swearing
on the Holy Quran so that the same could be held accountable for serving
the ulterior motives of Riaz. He said that the allegations leveled against the
Chief Justice were meant to paralyze the superior judiciary. He said that PTI
would always stand with the countrys independent judiciary, he stated.
He accused all other political parties for taking variety of benefits
from Malik Riaz, claiming that PTI was the only party, which hasnt
received a single benefit from the Bahria Town founder. Imran without
naming the politician from Rawalpindi said that this political figure was a
liar and had been propagating that PTIs Pindi rally was financed by Malik
Riaz.
Tacitly endorsing the claim of Malik Riaz about his covert meetings
with Chief Justice, Prime Minister Gilani said the meetings with the chief
justice were not objectionable and the government enjoyed good relations
with the top judiciary. He did not come up with a categorical reply when
asked whether he held some secret meetings with the chief justice.
The eldest son of Prime Minister and member Punjab Assembly,
Abdul Qadir Gilani, took jibes at Chief Justice regarding the corruption
allegations against his son. When allegations were leveled against us, it was
said that the prime minister should resign to ensure fair and transparent
investigation. We dont say that the chief justice should resign, but we do
want transparent investigation of Arsalans case, he said.
A meeting of the heads of allied parties was held at the Presidency,
which was jointly presided over by President and Prime Minister. The
meeting discussed coalition matters and the current situation in the country.
Spokesperson to the President said that the meeting also discussed and
reviewed the latest developments that had taken place in the country during
this week.
Ansar Abbasi reported that federal capital is abuzz with reports that
following the first shot fired through Malik Riaz, the PPP government is
926

contemplating a reference against Chief Justice Iftikhar Muhammad


Chaudhry or forcing him to resign through political pressure. No
government representative, though, has confirmed these reports but senior
Supreme Court lawyer Muhammad Akram Sheikh has already prepared the
initial draft of a petition to challenge or block any move against the Chief
Justice.
Next day, the Supreme Court directed Attorney General Irfan Qadir to
pursue the case against Malik Riaz Hussain and the chief justices son,
Arsalan Chaudhry, in accordance with law. The court said it expected that
the attorney general would set the machinery of the state in motion so that
all those, including Malik Riaz, Dr Arsalan and Salman Ali, son-in-law of
Malik Riaz, who might have committed illegal acts, were pursued and
brought to book with the full force and rigour of the law. Attorney General
Irfan Qadir, soon after the hearing, told reporters that the matter could be
referred to the NAB.
The court in its judgment ruled that the matters giving rise to the suo
moto case might have been seen by some as a dark and sordid affair, but
they were confident from the very beginning that only khair and the
clearest dawn would emerge from the case. The court observed that no
affidavit or statement of Salman Ali Khan, whether confirming or denying
any transactions between him and Dr Arsalan or their relationship inter se,
had been filed by Malik Riaz.
Nonetheless attempts by individuals to obstruct the course of justice
are indeed a matter of serious and grave concern, and imperil the reputation
of the justice system at large. This is why such exchange of bribes with the
attempt, even a failed one, to influence the course of justice, has been
declared illegal and punishable under various laws. If proven guilty by a
court of competent jurisdiction, the parties involved are liable to be
punished.
The court also observed: It appears that Malik Riaz may not have
encountered failure in the past in receiving favours against payments of
illegal gratification. He may, therefore, in his own mind, have considered the
lack of any relief or favourable orders from the Supreme Court as simply an
attempt to extort money from him. With such thinking, it may not have
crossed his mind and he may actually have missed the reality that the court
was only doing its job in accordance with the law and the constitution,
dealing with cases solely on the basis of merit. His logic, perhaps, is not so
strange to him.
927

The judgment also pointed out that some of the problem stemmed out
from lack of due diligence displayed by media. The court said if there was
indeed a conspiracy to damage the reputation of the judiciary, then breaking
this news through a public interview uploaded on the internet, was probably
not the most constructive way of passing the news on. It also noted that the
supposed documentary evidence placed on record related only to around 4.5
percent of the alleged illegal transaction.
The judgment explained that the court had to take suo moto notice of
this case only to vindicate the peoples guaranteed right to access to
information about a matter of grave public importance. The matter of public
importance in this case, the judgment explains, was the aspersion cast on the
independence and integrity of the superior judiciary of this country,
particularly that of the Supreme Court and the chief justice.
Justice Khilji Arif Hussain in his additional note observed: We as
judges are particularly in the public domain as all persons exercising state
functions are in the eyes of the people. Although family members of public
functionaries are, properly speaking, not performing state functions, the
alleged facts of this case highlight the necessity of extreme caution and
discretion in their private and public dealings and conduct.
The two-member special bench rejected any special investigation to
be conducted by a judicial or administrative commission or the NAB and
stood for the ordinary course of law as followed in other cases. But the court
handed over Dr Arsalan to the government to do what it prefers under the
law. The Section 5 of the Prevention of Corruption Act 1947 will apply in
the instant case, which provides a maximum sentence of seven years to those
found guilty.
The attorney general said the case might be sent to the NAB. He said
the government would take the final decision in the light of the attorney
generals advice to proceed further. In this case, he said, the federal
government would be the prosecuting agency through the FIA. He was of
the view that the police would not be involved in this case because the
matter did not fall in their purview. He said the FIA was the concerned
agency in this connection. However, a question that would come up before
the investigating and prosecuting agency would be whether and how it could
proceed against the British national Salman Ahmed.
NAB chairman said the Dr Arsalan case was a case between two
individuals and it had no financial implications for the national exchequer.
NAB spokesman Zafar Iqbal Khan said there was no complaint against Dr
928

Arsalan pending with the NAB, but if it came, it would be decided as per
NAB laws. Asked whether the NAB would open all the cases against Bahria
Town and DHA, he said so far no complaint was made yet to the NAB
Headquarters against Bahria Town, but one was there at the NAB
Rawalpindi.
The Supreme Court gave Malik Riaz Hussain seven days to hire a
legal counsel in the contempt of court case for ridiculing the judiciary.
During the hearing, Malik Riaz sought 10 days for hiring a legal counsel in
the contempt of court case against him, saying that he had contacted many
senior lawyers but nobody was willing to represent him before the court.
Justice Mian Shakirullah Jan observed that hiring a legal counsel was
the fundamental right of every accused. However, he asked Malik Riaz to
hire his legal counsel in a week. The court also barred Malik Riaz from
speaking to the media since the contempt of court proceedings were decided
in the court.
Chaudhry Muhammad Ashraf Gujar, advocate, and former president
Islamabad High Court Bar, who had moved a petition in the apex court on
placing the name of Malik Riaz on the ECL, while appearing before the
court, contended that Malik Riaz was continuously appearing in TV
programmes despite the fact that a contempt of court case was pending
before the apex court.
Malik Riaz assured the court to comply with its orders. Meanwhile,
when the court read the order in the case, Malik Riaz contended that he
could not understand English upon which the court read out the order to him
in Urdu. Later, the court adjourned the hearing till June 21.
Aitzaz Ahsan declined to represent Malik Riaz in the contempt of
court case being heard in the Supreme Court. Talking to reporters, he said:
Malik Riaz has requested me to represent him before the court in the
contempt of court case, but I have refused. When asked reasons for his
refusal, he declined to explain.
The conspiracy against the judiciary is unfolding as a connection
between the media, the tycoon and prime ministers son has been established
through mid-break discussion videos leaked by Dunya TV staff. Mubashir
Lucman is known by all and sundry in media circles for his closeness to
former military dictator Pervez Musharraf and for numerous campaigns he
ran against the movement of lawyers, the restoration of an independent
judiciary and especially his venom against the-then deposed Chief Justice
Iftikhar Muhammad Chaudhry. This person appears to be the prime
929

character in the conspiracy along with Mehr Bokhari, who too joined the
media through a parachute landing, and Malik Riaz Hussain of Bahria
Town.
Behind the scenes footage showing Lucman and Mehr Bokhari talking
to Riaz during their show has surfaced on YouTube and some mainstream
TV channels under the title Malik Riaz Planted Interview with Mehar
Bokhari and Mubashir Lucman on Dunya TV. It establishes the connection
of the prime ministers son with the whole Malik affair, attempt of Mian
Nawaz Sharifs daughter attempt to get a favourable comment from Malik
Riaz and last but not the least, how a few so-called anchors could stoop so
low before a business tycoon.
The involvement of the owner of Dunya TV cannot be ruled out in
this conspiracy, as there were strict instructions from him to the anchors not
to interrupt Malik Riaz. Mian Amir was also named by Lucman that he had
pressurized him to conduct the show. It is worth mention here that Mian
Amir is considered close to the government circles and his television
channel is getting more share than its ranking from the government ads. The
videos that have surfaced depict that the so-called anchors were acting like
paid servants of Malik Riaz besides Mian Amir.
There are two videos, in one of which Mubashir Lucman is seen
receiving a call on his cell phone from Ali Qadir Gilani, son of Prime
Minister Yusuf Raza Gilani, and Mubashir told him that Riaz Malik was not
letting him name Hamid Mir, the known Geo TV anchor. Later Lucman gave
his phone to Malik Riaz, and then PMs son and Riaz Malik talked to each
other.
During the mid-break planning, Mehr Bokhari told Malik Riaz that
she would ask questions relating to the chief justice and Arsalan Iftikhar as
Arsalan has told her that he never met Malik Riaz. Malik Riaz agreed. Malik
Riaz also asked the so-called anchors that he wanted to readout some
documents, which later turned out to be orders of the Supreme Court against
him.
Lucman, while talking about the plots and money allegedly doled out
to media persons by Malik Riaz, said that he would talk about the villas
gifted to the journalists as he too wanted a house and would demand it
openly from Riaz. On one occasion, Mehr Bokhari told Riaz Malik that she
would ask a question about the CJ while Lucman saying that he would ask
questions from Malik Riazs side i.e. the allegations that Malik Riaz has

930

been leveling against the judiciary. All this was being penned during the
mid-break.
Even Malik Riaz is seen saying to both the anchors that they should
ask questions about his appearance in every deal because he wanted to talk
about it. He also dictated Lucman to ask him questions regarding the
involvement of other businessmen in Pakistani politics throughout the
history.
Lucman told Malik Riaz on one occasion that the chief justice had
pre-empted his move to explode the bomb and took suo moto notice of the
issue. Lucman also told Malik Riaz that Geo TV was running clips that
Malik Riaz gets his files cleared by bribing the officials. Upon which Malik
Riaz said, Hamid Mir must be running it because he is against us. Lucman
replied that why he is against you when you have gifted him a villa.
On one occasion Malik Riaz complains to the anchors that all of his
questions that he wanted to be asked have not been asked. Lucman also said
that to create a hype of their show from 10 p.m. onwards, he would ask a
question from Malik Riaz, which would be answered after 10 p.m. I will
ask that you wanted to become prime minister of Pakistan. Malik Riaz
replied that he never desired for any post in the world.
Mubashir Lucman also readout a text message to Riaz Malik that
Supreme Court has arranged a room for Arsalan in Balochistan House.
Malik Riaz said that he would say this plus he has also asked a fourth
question from the CJ. They also agreed that they would talk about the
scandals of journalists at the end of the programme to clear Mehr Bokharis
name.
During the mid-break discussion of the triplet of the programme,
which was aired from 10 to 11 p.m., Lucman and Mehr are being given clear
signs that Malik Riaz would not be interrupted at any cost and if he wanted
to go overtime, he would be allowed without any hindrance. Then both the
anchors, Lucman and Mehr, like paid servants, started to make Malik Riaz
understand the crux of the code of conduct for judges so that Malik Riaz
could easily attack the chief justice regarding conflict of interest issue.
Lucman also asked Malik Riaz to give him information, which is
explosive. Malik Riaz replied that he has given so many bombs including a
fourth question to the CJ. Then Mehr Bokhari and Mubashir Lucman were
seen at odds with each other when Mehr announced to ask question
regarding Moonis Elahi from Riaz Malik. Lucman even left the set for a few
moments and was later convinced by Malik Riazs staff. When he came back
931

he said that he would say on air that Mian Amir and Malik Riaz pressurized
him to conduct the programme, which he eventually said later.
In the meanwhile, Malik Riaz kept on saying: Mubashir you are
spoiling my programme; for Gods sake come back as you are being unfair
with me. Mehr taunted Lucman that he was acting like a child. Mehr also
told Malik Riaz she has received an SMS from Maryam Nawaz Sharif
asking Malik Riaz to say on record that Hamza Shahbaz had refused his
offer of a bullet-proof car. Then on one occasion Lucman also said that a
person had come outside Dunya TV office and had evidences against Dr
Arsalan and that he would say this on air. Malik Riaz also disclosed that
only Mubashir Lucman was through with his son among the media
personalities.
While discussing the affairs of the CJs son, Malik Riaz told Lucman
that he has invested money on him while Arsalan was repaying it back to
someone else. They made a joke of it. In the end, Mehr Bokhari is shown
saying that Arsalan Iftikhar might go to Geo TV for an interview.
TV anchor Mehr Bokhari later explained in her show that the
programme was not scripted and she had not been under any pressure from
any side. However, she admitted that one question might have been planted,
but she said in such TV shows it was a common thing that guests and
anchors and even some outsiders insisted that a particular question be asked.
During the hearing of a petition against the National Assembly
speakers ruling on the issue of Prime Minister Gilanis conviction by the
Supreme Court in a contempt of court case, an altercation started in the
courtroom after some lawyers and Attorney General Irfan Qadir exchanged
harsh words. The argument started when the attorney general said that all the
judges had run away from the court premises when the Supreme Court
announced its verdict in the contempt case against the prime minister.
Heading a three-member bench, Chief Justice Iftikhar Muhammad
Chaudhry told Qadir not to undermine the reputation of the court by making
such statements. Justice Jawad S Khwaja remarked that the attorney general
should not create noise as he was a senior law officer. Lawyers started
chanting slogans against the attorney general. The police were called in the
courtroom to control the situation. Police officials tried to calm down the
infuriated lawyers and told them to take their seats.
Advocate AK Dogar, while presenting his arguments, said that the
Supreme Court disqualified Prime Minister Gilani, however, he is still
holding his office. He said that Gilani deliberately insulted the court, and
932

that the speakers ruling was against the verdict announced by a sevenmember bench. The chief justice said that the court does not want to prolong
the judgment of the case, and that Dogar should highlight only the legal
points involved in the case.
Irfan Qadir criticized the chief justice and called him biased.
However, the chief justice said that the entire nation was aware of the
proceedings of cases pertaining to NRO and contempt of court regardless of
AGs responses. Aitzaz Ahsan, counsel for Gilani, said he would like to
submit the power of attorney on behalf of his client. Attorney General Irfan
Qadir said he would respond after Dogar finished his arguments.
Tariq Butt reported that Attorney General Irfan Qadir showed his true
colours, pleasing his masters in an unprecedented manner while degrading
the Supreme Court judges and thus hitting the rock bottom. Since the day
one, it was widely predicted and expected that the top-most law officer of
the federal government would do what he precisely did. The primary
purpose of inducting him replacing suave Maulvi Anwaar was to take on the
judges in an offensive way. It is unthinkable that an educated man like him
would behave as an uncouth person.
His intolerably obscene and depraved gesticulation against the judges
in the packed-to-capacity Courtroom No 1 was unfathomable, unheard of,
and unparalleled in the judicial history. Irfan Qadir might have been
lynched by the lawyers sitting in the courtroom then and there had Chief
Justice Iftikhar Muhammad Chaudhry not come to his rescue, said a leading
TV anchor, who saw the despicable scene.
Since his appointment, the attorney general has made it a point to
oppose each and everything that the judges sitting on different benches
believe, perceive and decide. He is yet to make any worthwhile contribution
in even crucial judicial proceedings. He acts like a spoilt child, whose
harangue is consistently ignored by the honourable judges.
Never in the judicial history has an attorney general been so rude and
insulting to the judges of the highest court. The justices deserve full marks
for tolerating the antics of such a person. While acting as prosecutor in the
contempt proceedings against Prime Minister Gilani in the Supreme Court in
April, he also went berserk and smashed hook, line, and sinker everyone
coming in his way, reserving the severest attack for the Supreme Court. He
crossed the limits, but was not awarded the punishment that he otherwise
deserved.

933

What Qadir argued wholly proved him as more loyal to the king than
the king himself. Even PM Gilanis counsel Aitzaz Ahsan could not say in
the prime ministers defence in his protracted submissions what the
prosecutor had the gall to state, with the judges oddly giving him a patient
hearing, remaining unruffled and cool and composed. The prosecutor also
supported each and every argument of the defence lawyer that established
that the two were hand-in-glove as per a planned strategy. In fact, he went
far ahead of Aitzaz Ahsan in several aspects.
His hilarious harangue was an engaging entertainment, provoking
grins. At the end of his tirade, which was bizarre in Pakistans judicial
history, Justice Asif Saeed Khosa, who had led that bench, made a tongue-incheek remark that he was the first one appearing before it who had come out
with new ideas.
Confirming that he was in cahoots with the defence lawyer, Irfan
Qadir said he honestly feels that he has not found even an iota of evidence
that showed that the prime minister committed contempt of court. It was
never felt even for a passing moment by anyone in the courtroom that a
prosecutor was speaking, calling for the conviction of the accused.
He had stated that the basic problem we are facing was that the
Supreme Court has assumed complete control of state institutions, including
the NAB. He tried to further degrade the court saying that the job of no
honest person was safe because of the apex court. Everyone attorney
general, federal law secretary, NAB chairman and its prosecutor general
had to leave due to the court.
Then he quickly contradicted himself without realizing and admitting
his bloomers. Sir, do you think, NAB Chairman Navid Ahsan was removed
because of your judgment? No, my lord he continued for over a year after
your decision and went only after the court assumed charge of the NAB. He
then resigned. Do you think the NAB Prosecutor General (Danishwar Malik)
went because of your judgment? No my lord he left due to the heart
problem.
Judges sitting in that bench were biased. This judgment is unimplementable in every respect, he said, while referring to the 17-judge
benchs ruling against the NRO. In its judgment, Justice Nasirul Mulk-led
seven-member bench found it intriguing that exercising his powers Gilani
replaced Maulvi Anwaarul Haq, who was prosecuting him. It said that Qadir
did not put forth arguments in favour of the prosecution rather pleaded that

934

there was no evidence, whatsoever, on the basis of which Gilani could be


held guilty of contempt.
In just over three years' time, the black coats are back on the roads in
support of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry to foil
another attempt to stifle and ridicule the judiciary, as was done by the former
dictator Pervez Musharraf. The bar premises are resounding with the same
popular slogans Chief Tairay Janasar Beshumar Beshumar (Chief, you have
countless devotees). The Lahore High Court Bar Association and Lahore Bar
Association witnessed the same scenes of the past. Highly charged lawyers,
especially the young ones, were at the forefront of venting their anger
against the anti-judiciary elements and were firm in their stand.
Both the bars also took out a combined rally to pledge support for the
judiciary against the onslaught on the judiciary. The LBA also banned the
entry of Advocate Zahid Bukhari, the counsel for Malik Riaz, into the bar
premises for an indefinite period. Through a resolution, the bar assured its
full support to the Supreme Court and announced a two-day complete
boycott of courts. The resolution said no lawyer would appear before any
court on Thursday and Friday.
The Lahore High Court Bar Association members forced their
president Shahram Sarwar Chaudhry to lead the rally as he was reluctant to
take out the rally and made an unsuccessful attempt to convince the lawyers
not to take out the rally. As the general house meeting started, the president
asked members to listen to speeches at first and a decision about taking out
rally would be made later. Considering these comments objectionable, the
lawyers burst into slogans in favour of the CJP and against Wyne.
President Shahram, who belongs to Asma Jahangir Group, struggled
to calm down the lawyers to keep the house in order. The president invited
Advocate Rana Zia Abdur Rehman for a speech, who termed the statements
of Malik Riaz against Arsalan Chaudhry a conspiracy against the judiciary
and said lawyers would defend the judiciary at any cost. But the charged
lawyer paid no heed to his speech and continued chanting slogans in favour
of the CJP. Amidst the resonating chants, Shahram invited Advocate Ahmed
Awais to rostrum.
Awais said the lawyers should be united and act collectively to defend
the legal system and respect of legal community. The lawyers started
sloganeering and did not let him complete his speech. Shahram Sarwar took
to the rostrum and tried to convince the lawyers that taking out a rally would

935

not be an effective step as they are small in numbers at the time. However,
no lawyer paid heed to his assertion and kept on insisting to take out rally.
The president asked lawyers they could take out a rally on their own
as he would not be part of it. He announced adjournment of the meeting and
said he would put the resolution before the house for which he had called it.
He put the resolution before the house and most of lawyers raised their
hands in the favour of rally. As the situation was slipping out of his hands,
Shahram decided to lead the rally, but only up to the GPO Chowk.
Later in a press release, Shahram Sarwar and other office-bearers of
LHCBA said they are standing by the judiciary like a rock wall. They said
LHCBA rendered countless sacrifices during lawyers movement which was
not meant for a personality. They demanded that a high-level commission
should be constituted to probe the issue which will expose the real culprits
behind the conspiracy against the Supreme Court.
The Pakistan Bar Council (PBC) and Supreme Court Bar Association
(SCBA), the two supra decision making bodies of lawyers, plan to bring
together the divided legal fraternity over the recent developments on the
judicial front. The PBC would meet in Lahore today (Friday) and SCBA
within the next couple of days for a collective line of action, SCBA
President Yasin Azad said. He criticized the attorney generals uproar in the
Supreme Court.
He warned that lawyers would be on the streets in case attempts were
made to weaken the judiciary under the garb of give-and-take case between
two individuals. This case needs a comprehensive inquiry to bring before
the people a factual position, and the culprit must be taken to the task with
maximum punishment under the relevant laws irrespective of his status.
Burying his differences with the superior judiciary, former federal law
minister Babar Awan announced his full support to the Supreme Court,
adding that it is highly improper to demand resignation from Chief Justice.
He said he respected the CJP but the personalities did not have permanent
status as only institutions had perpetual status.
Chaudhry Nisar announced ceasefire with all the political opponents,
including leaders of PTI, for the sake of safeguarding dignity and
independence of judiciary. He said that Asif Zardari was behind all the
conspiracies against judiciary, saying Malik Riaz had also been launched by
Zardari against the judiciary.

936

About the Malik Riaz case, he said that there are some elements in the
ruling party, who are trying to give an impression that the Army or any other
institution is behind the case. However, the Army has nothing to do with this
case while the COAS never misused his authority. He claimed army has no
threat from judiciary; however, corrupt rulers are afraid of the independent
judiciary.
Muhammad Saleh Zaafir reported: The government has pre-empted a
judicial verdict through a resolution of the National Assembly adopted in the
dying moments of the budget session afternoon in the Parliament House.
The resolution has made it imperative on all institutions to respect the ruling
of the speaker under the relevant clauses of the Constitution wherein she
declined to refer to the chief election commissioner the case pertaining to the
disqualification of Prime Minister Gilani after the judgment in the contempt
case.
The resolution envisages that the The Speaker represents the House,
the dignity of the House and the freedom of the House and because the
House represents the nation, in a particular way, the Speaker becomes the
symbol of the Nations freedom and liberty. The principal duty of the
Speaker of the House is to regulate the proceedings of the House and to pass
appropriate Rulings in this regard.
The legal observers are of the view that the resolution would be
exploited by the legal experts of the government as a shield against any
argument challenging its legal capacity. It is understood that eminent
constitutional expert Barrister Aitzaz Ahsan who is legal brain of the
incumbent administration, had also been consulted about the resolution.
The PPP government has issued orders to the Punjab government to
provide Police/Rangers security to Malik Riaz during his movements. In a
letter Malik Riaz Hussain had asked the Interior Ministry that he was
receiving life threats over his phone. It is important to mention that when Dr
Arsalan requested Supreme Court that he was facing threats, the apex court,
on suggestion of the attorney general, directed the Interior Ministry to
provide necessary security to Dr Arsalan.
On 15th June, a three-member bench headed by Chief Justice turned
down a request of Aitzaz Ahsan to constitute a larger bench to hear the case,
as he pleaded that it was very important matter, which involved the
disqualification of not an ordinary parliamentarian but of the Leader of the
House and the Prime Minister.

937

AGP Irfan Qadir again showed aggression when the chief justice
inquired was there anyone representing the National Assembly speaker? The
attorney general stood up on his seat and said: The speaker is not
answerable to the apex court, adding, What if the Parliament summons the
chief justice tomorrow? Chief Justice Iftikhar remarked he would appear
because it was their own Parliament and told him that the speaker was the
party in the case; therefore, needed to be represented. National Assembly
Joint Secretary (Legislature) Nadeem Qureshi informed the court said that
he was appearing on the speakers behalf.
Aitzaz argued that under Article 63(2) if a question arises regarding
the disqualification of a member then the speaker had to determine it under
Article 63(1) (h) that the Parliamentarian had been, on conviction for any
offence involving moral turpitude, sentenced to imprisonment for a term of
not less than two years, unless a period of five years elapsed since his
release.
The chief justice said the integrity or independence of the courts and
ridiculing the judiciary was the specific parameter. And whether ridiculing
the judiciary did not come under moral turpitude? Justice Khilji Arif Hussain
questioned if a member was convicted for propagating against the ideology
of Pakistan and he had accepted his crime then would the speaker apply her
mind.
Aitzaz said the speaker would still apply her mind. Upon that Justice
Khilji said it meant to overrule the apex court judgment, and the speaker was
given the power of appellate authority. But the learned counsel said: No!
She does not have that power? The chief justice questioned if a member of
the Parliament was convicted for less than one year and was sent to jail,
whether that parliamentarian would say he had not been disqualified; as the
punishment was less than two years.
The court stopped Aitzaz Ahsan from raising the objections on the
judgment, saying, You should have raised these points in appeal, which you
have not filed. Aitzaz replied that his client had accepted the verdict but not
the PMs disqualification from his office, adding that he was not showing his
disapproval of the courts judgment but trying to convince the court that the
PM had not been disqualified on the basis of the verdict. He further said that
his client did not need to appeal against the verdict and that he was not
asking to change it.
The chief justice asked Aitzaz to quote any judgment where a
member, who is convicted and also the judgment attained finality, remained
938

the member of the Parliament. The chief justice asked the learned counsel to
inform the court about the nature of determining the question of
disqualification and whether the speakers act was administrative in nature.
Aitzaz replied: No! It was an adjudicatory, quasi judiciary, adding
that after the 18th Amendment, the speakers office was not a post office and
she had to apply her mind. She cant abdicate herself from the duty to make
decision that whether a question has arisen or not, he further maintained.
The court said the speaker could not delay implementation or interpret
the judgment, passed by a seven-member bench. It observed that the speaker
could apply her mind on civil or session courts judgments. The chief justice
directed Aitzaz to conclude his arguments on Monday by 11a.m. before
adjourning the hearing of the case.
The full court session of the Supreme Court formed a two-member
committee to look into the matter of a controversial TV interview of Malik
Riaz. The panel, comprising Justice Jawwad S Khawaja and Justice Khilji
Arif Hussain, will investigate this attempt to defame the apex court through
an apparently planted TV show and take action under the contempt of court
laws. The chairman of committee will submit the report to the SC registrar,
who would place the same before the committee members for perusal and
recommendation for further course of action, if required.
The chief justice had summoned all the judges to attend meeting of
the Full Court to discuss progress on rules of working committee. During the
meeting, the chief justice took notice of the TV show and summoned from
the Pemra the on-air and off-air clips of the talk show. Pemra Chairman
Abdul Jabbar submitted the videos and report of the interview to the
meeting. The clips were viewed inside the courtroom in the presence of
Pemra chairman. It was probably for the first time that all the private media
reporters were invited to cover the full court meeting.
Presiding the session, Chief Justice said that during the last week there
were several attempts to undermine the judiciary and now it has become
necessary to figure out as who was behind this wicked activity. The judiciary
was being maligned day and night, he said, adding that not even the
parliament could say anything against the judiciary.
Before that, Supreme Court Registrar Faqir Hussain read out a note,
duly approved by the chief justice. On the face of it, the footage showing
conversation behind the scenes smells of a planned conspiracy to shake
public faith and confidence in the administration of justice and undermine
the dignity and prestige of the court, thereby tending to bring the court and
939

judges into hatred, ridicule or contempt. It further tends to prejudice the


determination of pending cases before the Supreme Court. It therefore
warrants action under article 204 of the constitution read with Contempt of
Court Ordinance 2003, read the registrar note.
The chief justice inquired from the Pemra chief if he was aware of
what was being broadcast on television channels and if there was any
violation in the Malik Riazs interview. He also asked the chairman as to
what they could do in order to stop such contemptuous programmes. The
chairman replied that channels that violate the law are issued notices and
action is taken when complaints are received. He added that even the
licenses of the violators of the media laws are cancelled. The chairman said
that if the court takes a decision, then Pemra can initiate proceedings
according to the law.
AGP said he consulted the officials concerned to resolve controversy
around the allegations of a business deal between Malik Riaz and Dr
Arsalan. A statement issued by the AGP office said: The purpose of these
deliberations is to explore the possibility of constituting a broad-based
investigation team so as to rule out the possibility of any influence on either
side thereby securing the ends of Justice.
Leader of the Opposition in National Assembly has got a videotape of
a talk among Malik Riaz, President Zardari, Prime Minister Gilani and other
noted celebrities. The sources said the video contains shocking revelations,
which would stir the power echelons. It also carries talk about new political
structure and plan to control media organizations. Nisar wants to make it
public at a suitable time.
Shahbaz Sharif denied the allegations of receiving Rs850 million,
which Malik Riaz alleged to have paid for the Ashiyana Housing Scheme.
Shahbaz said the contract was given to the company which offered the
lowest bid for the housing scheme, adding that there was no question of
getting money from anyone.
In an apparent attempt to bail out the father from the media onslaught
over her job, the daughter of Chairman NAB Admiral Fasih Bokhari
resigned from a lucrative post in the Bahria Town. Chairman was under
pressure from various circles, particularly media which was raising question
about his daughters connections with the Bahria Town. Ironically, the NAB
chairman is being seen with suspicion by both the government and the
opposition alike.

940

Malik Riaz was privy to the secrets of making and unmaking the
rulers and many credible personalities would be exposed in case of his
disclosures regarding the rise and fall of the governments, warned Chaudhry
Shujaat Hussain. He said although there were people richer than Malik Riaz
but they were not inclined to spend on others. He added that wives of the
rich and the powerful let the food rot in their refrigerators and later threw it
out instead of giving it to their servants. The PML-Q chief advised the
masses to keep in mind various social and humanitarian services of Malik
Riaz.
Next day, lawyers in a conference of all bar associations of Sindh held
in Karachi declared that a conspiracy against the judiciary was a drama
created by the government. They demanded that Prime Minister Gilani
should step down after his conviction by the Supreme Court in the contempt
of court case and warned that they would surround parliament if the premier
did not resign.
Lawyers announced complete boycott of court proceedings on June 18
throughout the province to express solidarity with Chief Justice and the
Supreme Court. They condemned the non-implementation of the courts
order by the rulers and observed that rulers were taking the country towards
anarchy. They imposed a ban on the entry of Aitzaz Ahsan, Irfan Qadir and
Zahid Bukhari to all bar associations of the province.
The conference endorsed decisions of the all Pakistan lawyers
convention held in Rawalpindi and Multan in May. It appealed to the
leadership of the National Coordination Council to invite all democratic
forces, trade unions, students and professional bodies to support the lawyers.
Lawyers of the Rawalpindi District Bar Association in a protest rally
burnt effigies of those involved in what they called a conspiracy against the
judiciary. They raised slogans against those who are alleged to have taken
bribes. Earlier, in its general body meeting held at Jinnah Hall, passed a
resolution to commend the cameraman who caught clips of off-air
discussions. Similar rallies were held in Faisalabad and Arifwala.
Lawyers across KPK staged rallies to express solidarity with the
Supreme Court and vowed to foil conspiracies against Chief Justice. The
members of the Bar Associations in Peshawar, Mansehra, Mingora and
Karak staged rallies and decided to boycott the courts.
Meanwhile, the Pakistan Bar Council (PBC) convened a lawyers
convention in Lahore on June 21 to discuss the Arsalan Iftikhar case and
devise a future course of action. A resolution adopted by the Executive
941

Committee of the PBC demanded of the attorney general to take urgent steps
according to law.
Prime Minister Gilani went to Mardan to declare that sundry
conspiracies against the government and specifically against democracy
would be foiled, and claimed that even though his government had restored
and strengthened the institutions of the country; intrigues were still being
carried out against democracy.
Leaders of ruling coalition were assembled in the Presidency and
briefed by Senator Farhatullah Babar, who appreciated the resolution passed
by the Parliament endorsing the decision of the Speaker against sending a
reference to the ECP. He said that the Speaker represents the dignity of the
House. Allied parties reiterated the resolve to uphold supremacy of
parliament.
The spokesperson also said that the meeting called for an expeditious
and impartial enquiry into the case involving Malik Riaz and Dr Arsalan in
accordance with the Supreme Court verdict. The meeting rejected notions of
any conspiracy involving the government in the case of Malik Riaz and Dr
Arsalan and termed such reports as baseless and unfounded.
Zahid Bokhari, counsel of Malik Riaz said his client had denied
giving any financial favour to any media person. He said off-air footages of
his clients TV interview seemed a big conspiracy and that he would stand
by the court against any such conspiracy. Bokhari said the law should take
its course and hidden faces behind this conspiracy should be exposed.
NAB arrested a front-runner of the movement for the restoration of
judiciary and a respected lawyer Nadeem Ahmed late on Friday night in
Karachi for unearthing the PPP governments recent conspiracy against the
judiciary and bringing the video scandal to the notice of the Supreme Court.
Nadeem was in the know of the conspiracy launched through Malik
Riaz as well as the government design to send a reference against the Chief
Justice of Pakistan. Nadeem forwarded the link of the leaked video to
Barrister Akram Shaikh for forwarding it to the Registrar of the SC. His
email was hacked by the government and resultantly Nadeem was arrested.
When asked to comment Barrister Aitzaz Ahsan told The News:
Nadeem was on the panel of lawyers that pursued the petition filed by the
Chief Justice while he was illegally deposed by General Musharraf. Nadeem
gave me invaluable assistance in the case before the 13-member bench of the
SC headed by Justice Ramday that reinstated the CJ. He is a man of integrity
942

and his name is borne on the law report of that case in which he put in a
great deal of effort and industry.
After airing of the news NAB announced that Nadeem Ahmed had
been arrested from the airport on orders of Accountability Court in a
Telecom Company case when he was leaving the country. The fact, however,
is that neither Nadeems passport has any visa of any country nor he has
made any booking for any travel abroad. Nadeem and his family was
humiliated at the time of arrest.
Documents show that NAB converted an old inquiry into a reference
simply two weeks ago at the time of the launch of the Trapgate. Nadeem was
an ex-director of a company allegedly involved in this fake NAB case. It is
also important that NAB is dysfunctional and acting as a puppet of the PPP
government. It is not arresting any criminal involved in much more serious
cases despite the orders of the SC but now it has started a revenge campaign
against those who have thwarted the conspiracy of the government.
Nadeem is also a petitioner in the 18 th Amendment case before the SC
titled Nadeem Ahmed vs Federation of Pakistan. His counsel in this case
was Akram Shaikh. Ansar Abbasi said that the honesty and professional
credibility of Nadeem Ahmed was beyond any doubt. He said: It is very
unfortunate that a so-called democratic government is frustrated after it was
caught red-handed conspiring against the judiciary because of the wonderful
work of Nadeem Ahmed and is now taking revenge through the NAB.
On 17th June, Shujaat Hussain demanded that a commission should be
set up immediately for an inquiry into the Arsalan case, which should
conduct its proceedings in an open court. He further said some people were
continuously indulging in propaganda to create the impression that there was
a confrontation between institutions instead of persons; as such it is
necessary that a commission be set up at the earliest possible to probe the
affair.

Recessing economy: On 11th June, Sindh government presented an


over Rs7 billion tax-free deficit budget for 2012-13 with total outlay of
Rs577.98 billion and projected revenue at Rs570.82 billion, promising
20,000 jobs and proposing 20 percent ad hoc relief for public servants and
pensioners. The finance minister did not give details of the resources to meet
the deficit but promised 20,000 jobs during the next fiscal year.
Provincial Minister for Finance Mir Asim Kurd presented a tax-free
Balochistan budget for the financial year 2012-13 with a total outlay of

943

Rs179.931 billion, including Rs35.819 billion development expenditure and


Rs144.112 billion non-development expenditure, was presented in the
provincial assembly.
On 14th June, the government has decided to reduce the POL prices by
up to Rs11.75 per litre for the next fortnight to be effective from June 16. It
has also decided to decrease the CNG prices by Rs7.50 per kg. But Federal
Minister for Petroleum said that the government had decided to reduce the
price of petrol by over Rs10 per litre and CNG by Rs6 per kg.
The National Assembly passed the federal budget with a total outlay
of Rs2.9 trillion for the next financial year while the PML-N
parliamentarians utilized all their energies to lodge a strong protest against
the prime minister and his government. Amendments moved by the finance
minister were approved and incorporated into the bill.
Next day, government, in order to provide relief to the masses,
decreased the prices of Petroleum Oil and Lubricant (POL) products up to
Rs11.75 per litre while CNG was reduced up to Rs4.82 per kg for the 2nd half
of June to be effective downwards from June 16. According to OGRA
notification the government has decreased the prices due to 12 dollars
reduction in the price of crude oil in international oil market.
On 16th June, incessant load shedding and power outages sparked fury
and fueled virulent protests across the country. Thousands of people
ransacked the Talagang Wapda office and destroyed its records in protest
against 20 hour-long power outages. In Chakwal, protesters blocked various
roads. In Khanewal, traders and political and religious circles demanded that
the prime minister, president and chief justice take notice of the abysmal
situation.
In Burewala, angry residents staged a protest against 22 hour-long
unscheduled load shedding. In Toba Tek Singh, police used teargas, batons
and firing in the air to disperse villagers protesting against power outages. In
Faisalabad, angry demonstrators blocked main city arteries and demanded
that the government take notice of their plight. Similarly, frustration bubbled
over in Charsadda where the residents of the city staged loud protests against
the governments failure to halt unscheduled load shedding.

Provincial disharmony: On 17th June, protesters in various cities,


including Faisalabad and Gujranwala, turned violent, pelted vehicles with
stones and burnt tyres to block the roads. Taking note of prolonged load
shedding and power riots across the country, especially in the Punjab,

944

President Zardari ordered the federal minister for petroleum and natural
resources to immediately supply gas to powerhouses to resolve the energy
crisis. On the other hand, thousands of PML-N workers in Lahore gathered
at Nila Gunbad to stage a demonstration against load shedding and express
solidarity with the judiciary.
Outages-stricken protesters also took to the streets in Gujranwala,
Faisalabad, Bahawalnagar, Chichawatni and various other cities. Traders
announced to start a nationwide campaign, including strikes against load
shedding from June 23. The All Pakistan Anjuman-e-Tajiran leader and
others told reporters in Rawalpindi that demonstrations would be held in all
district headquarters of the province.
In Faisalabad, people blocked all the roads leading to Faisalabad for
many hours during demonstrations against the unprecedented load shedding
of 20 hours here. They chanted slogans against the government. In
Pakpattan, hundreds of protesters blocked the Multan-Kasur Road for four
hours by burning tyres. The protesters attacked the grid station at Chak Bedi
and broke its main gate. The grid station guard resorted to firing to disperse
the protesters.
In Toba Tek Singh, protesters burnt tyres on the Rajana-Samundri
Road and blocked the traffic for more than an hour. In Pirmahal, citizens
blocked different roads and railway tracks, and chanted slogans against the
area MNAs and MPAs. In Arifwala, citizens protested against 22-hour-long
load shedding and blocked the Bahawalnagar Road for three hours. In
Nankana Sahib two rallies were taken out against the 20-hour load shedding.
In Gujranwala a number of demonstrations were held against power
outages. People held demonstrations in Kamoke, Emenabad, Lohianwala,
Shaheenabad, Alam Chowk, Baghbanpura and Kangniwala. The protesters
got unruly and pelted trains and vehicles with stones. They demanded the
government take steps to end load shedding. Protests were also held in
Kasur, Jaranwala and other cities.
Chief Minister Shahbaz Sharif said national resources were being
spent on facilitating rulers and elite classes while poor and deprived
segments of society had been ignored. Rehman Malik blamed Punjab Chief
Minister for masterminding a conspiracy under which PPP MNAs and MPs
in Punjab were attacked.

Baloch militancy: On 11th June, six people were killed and 50


others injured when a powerful bomb exploded near a passenger bus in

945

Dringar area of Mastung district. Hospital sources feared that the death toll
might rise, as many injured were in critical condition. Emergency was
declared in all the hospitals of Quetta and Mastung districts after the blast.
On 13th June, three people, including a student, were kidnapped from
different towns of Balochistan. Two days later, two brothers were gunned
down and their uncle sustained bullet injuries in Tail Godown area of Quetta.

Turf war in Karachi: On 11th June, two people, including a


serviceman, were gunned down while three others were wounded in separate
acts of violence in the port city. Next day, unidentified gunmen killed the
brother of former member provincial assembly of MQM in Sher Shah
Market of Karachi. Six more people perished in other incidents of violence.
On 14th June, ten people were killed in incidents of violence in
Karachi. Next day, at least 11 more people, including a close relative of
outlawed Peoples Amn Committee (PAC) leader Ahmed Ali Magsi, were
gunned down in separate incidents of violence in the mega city. Since the
killing of MQM Sector Committee member Mansoor Mukhtar, the Magsi
group has gunned down several other MQM men and law enforcers.
MQM Coordination Committee member and provincial minister, Raza
Haroon said that the MQM was ready to quit the government if his partys
separation from the government will improve the law and order situation in
Karachi. He said that to leave the government was not a solution to the
present crises in the city. He said that 45 workers of MQM had been killed
from May 7 to June 14. He expressed his partys deep concern over the
violence in the metropolis adding that that when MQM held Sindh interior
ministry there were no such incidents in the city.
On 16th June, the wave of target killings continued in the city late
night as five people were gunned down within a short span of 30 minutes,
bringing the death toll on the day to nine. Next day, city's acting police chief
ordered his force to shoot criminals on sight in a bid to improve the law and
order situation in the metropolis, while the ongoing target killing spree
continued with the murder of two people in separate incidents.

VIEWS
Defiance of judiciary
Arsalan case triggers raging debate: A predominant majority of the
nation believes in the hearts of its hearts that the chief justice is innocent in

946

the present sorry saga involving property mogul Malik Riaz Hussain. The
top judges track record, life, character and judicial career make this crystal
clear again and again. Had he been the type of person who could be bought,
he would not have had a problem with Pervez Musharraf and would not have
risked everything, teaching a nation of yes men how to say a resounding no.
But despite all our genuine love for what chief justice stands for,
accountability, certain pertinent questions have to be asked. In the initial
proceedings of the unique suo moto case, he said swearing on the Holy
Quran that he didnt know what business Arsalan was doing. The young man
is recently married for the second time in Lahore as the earlier wedlock
reportedly broke down.
Importantly, in just three years, from seeking a job in the FIA, the
young man is now owning and managing construction, engineering and
telecom company having 400 employees, which is valued at Rs900 million
according to his own account. One sincerely believes what the chief justice
said with apparent agony but one would still ask why he, as a towering
father, didnt keep a closer tab on the sprawling business and other activities
of his eldest son?
During judicial proceedings and elsewhere, Justice Iftikhar Chaudhry
laudably teaches the principles of accountability, merit and values that are
dear to everyone and which are ordained in the Holy Quran and Sunnah. But
he was unable to strictly follow them in his own familys case, in his own
house. Isnt it? The love for the gallant chief justice is beyond an iota of
doubt because he has set examples and precedents for the nation to follow
but we must ask all fathers questions so that we learn not to make mistakes
about our childrens profitable dealings and activities.
True, Justice Iftikhar Chaudhry was undeniably making tireless efforts
of dealing with the unending issues of corruption, missing persons, and
societal injustices, trying to rectify by working 18 hours a day, but still one
is constrained to ask: had he not been a better, watchful father and parent at
home by asking questions to his son precisely as he fires hundreds of queries
inside the court.
Why didnt he ask his son what was he doing for his livelihood and
how has he amassed a huge wealth? When the chief justice listens to
hundreds of people in his court, couldnt he hear bone-chilling whispering in
at least half of Islamabad about his sons reputation?
It is an undeniable fact that the superior judiciary has improved 100
times than before courtesy of Justice Iftikhar Chaudhrys abhorrence to
947

corruption. The judges have never been so independent, never so aggressive


against the status quo, against all-powerful people in Pakistan and against all
equally the government, the opposition, the military and the business
community and foreign influences.
An unprecedented history has been written in a short time. But in spite
of the great love for the judiciary it is time to review its shortcomings and
gaps that need to be rectified. It is a hard fact that the judiciary is not fully
staffed and that there are more cases than it can handle with. What are the
reasons behind this?
It is a fact that cases are not heard and judgments not passed in time
and that delays are experienced everywhere driving amazing levels of
frustration that perhaps even lead to corrupt practices. It is also a fact that at
least in the lower courts there is still a lot of corruption. Many guilty parties
are not convicted due to the lethargic or guilty prosecution and tedious
process of evidence gathering?
What are the reasons behind these things and what is the solution?
How robust and tested is the self cleansing process of the judiciary to reduce
internal corruption and bad performance? How many people have been fired
or kicked out? What culture of self regulation, merit and discipline has the
judiciary set for its own, before it tries to influence the culture, values of
society? What can the judiciary fix by itself and what are areas that the
government and other institutions will need to fix?
What are ways to be conscious of this menace? What about parents
who end up either supporting their kith and kin consciously or
unconsciously even when they are committing wrongs and sins?
Psychologically what creates these blind spots and how can the parents
avoid them? How does one balance the duty to the public and his or her job
vis--vis the duty to his or her child?
People cynically say hire a judge, not a lawyer; they say only after
greasing the palms can anything really move in Pakistan. It is something
normal that powerful people are either themselves corrupt or are surrounded
by those who act on their behalf. It is also common for people to pretend
representing the powerful to pocket illegal benefits and favours.
We should find out the root cause to the disease. What is special in our
society that is causing this effect? Where have we gone wrong as a whole?
What are the reasons that there is corruption in every aspect of life? Why is
it that little shame is felt when it comes to corruption? Why is so that when
government leaders are attacked for corruption by the media they
948

shamelessly say opposition members also have done so or they say how
come you dont talk about the corruption of the army and other institutions?
We blame everything to conspiracy and have a culture to use this
escapism but now is the time to face the reality and confront the true ills of
society and culture and ask specific questions openly. We have very often
seen that eminent people, busy in serving the nation and humanity, end up
ignoring their own children, who spoil themselves as is evident from many
examples in our history It is a bitter fact that bribery is a hard ground
reality in Pakistan.
One cannot even do morally and socially legitimate and legal work
without bribing the concerned people. In Pakistan everyone knows about
this pungent reality and has accepted it, of course barring many exceptions.
If you ask any person trying to get some work done in institutions like
police, income tax, lower courts, custom or any government office, all would
complain that they cannot get anything done merely on the basis of legal
rights and have to grease palms. It is not foreign to any of us that most
private companies in Pakistan keep a budget for bribing purposes and it is
considered a routine and a must expense. Of course, it is extremely
shameful.
Malik Riaz treaded the usual and time-tested path without realizing
that he would not get the quid pro quo, promised by the talented son, as it
was to come from a person like chief justice. He had two options either to
compensate Arsalan through bribe or get his business destroyed (Tariq
Butt, The News 11th June)
Questions the parties can face in the SC: Both parties will be
facing tough questions in the coming days in the apex court where the chief
justice has taken suo moto notice of the dubious activities of his son Arsalan
Iftikhar.
It will be seen whether any softness or strictness was observed in the
cases involving the Bahria Town chief or whether any decision was made in
their favour. Another question would be that why CJ could not notice the
foreign visits and shopping by his son Arsalan, his mother and other
members of the family. It would also be probed why Arsalans 400-strong
employees business concern could not be noticed by his father. Why
Arsalans amassing of wealth in threes years remained unnoticed? The
question will arise whether parents responsibilities towards their children
end after the children become mature.

949

The reason of maintaining of a file of investment on the Chief


Justices son since day one and then showing it to select media personalities
is one among the key questions that will have to be answered before the SC.
Why money was being invested on Arsalan Iftikhar since 2009 while his
cases came before the apex court in 2010 and 2011? Was it a trap set for the
judiciary since the restoration of Chief Justice as according to claims
Arsalan Iftikhar has been visiting Europe at Bahrias expense since June
2009?
Another key question is what benefit did emanate after allegedly
bribing a family member of the Chief Justice of Pakistan? Was it not
obstruction of justice? Did the judiciary give any favours in return? As per
testimony presented in the SC, every activity of Arsalan was video-filmed;
why was Arsalan being video filmed from very first day of his interaction
with the front men of the other party and what could have been the purpose
of video-filming every incident? Did they know that they would use this
material at a later stage?
One key question arising out of the testimony of senior anchor Hamid
Mir is why President Zardari and Malik Riaz discussed this matter and why
the president stopped him from releasing the evidence to the foreign media.
What was the role of the president in this whole deal?
Another question that might be asked is why didnt Bahria Town chief
use his own credit cards to pay for the visits and expenses of Arsalan? Was
he scared of his direct involvement in the Trapgate? What was the purpose
of showing all the evidence to many media personalities? Wasnt it a
conspiracy to malign the judiciary through these journalists? Whether
foreign journalists were contacted to break the story on international media
at a time when Chief justice was to receive International Jurist Award in
United Kingdom? These questions have to be answered.
Some other questions include: When apex court did not give any
favour investment on Arsalan Iftikhar continued? Which were the forces that
helped in recording the video/audio tapes of Arsalan? Did Bahria Town chief
ever meet Arsalan? Who is Ahmed Khalil? What are his links with Bahria
Town? Was Ahmad Khalil in contact with Bahria Town chief when he was
paying for Arsalans lavish trips to Europe? Was entire operation of Trapgate
being monitored? As Bahria Town chief claims to have the possession of all
receipts of the Arsalans spending in Europe including tenancy agreements
and all other things, did he know what was he doing? (Usman Manzoor, The
News 11th June)
950

Fathers and sons: While the controversy over the unusual case of
Arsalan Iftikhar rages on, Prime Minister Gilani has added to the angst by
suggesting that if the chief justice of Pakistan cannot hear the case involving
his own son, he should investigate the cases pending against Gilanis sons.
Certainly the cases involving the PMs sons need to be heard. But we hope
that the prime minister is earnest in his desire to ensure that justice is done.
Misplaced sarcasm will only add to the tensions between the judiciary and
the executive and do nothing to help matters along.
While the prime minister has also stressed how important it is to
adhere to the Constitution, it should be noted that in the broader course of
justice morality and ethics too play a part. The CJ took a brave course by
taking up his sons case on a suo motu basis. The PM has never displayed
this kind of zeal to ensure justice; rather than chiding the CJ he should be
attempting to do just this. It is also true that as a father Justice Iftikhar
Chaudhry has set excellent examples for his children to follow. Sadly, we
have to say that the prime minister, himself accused of wrongdoing of
various kinds, has not done the same. He certainly needs to make amends by
ensuring that justice runs its course and the accusations against his sons are
properly investigated. What we must also make sure is that controversy is
avoided as far as possible. Plenty of it has already been generated in the case
of Arsalan Iftikhar. Matters should now proceed as smoothly as possible
the wheels of the system should be allowed to roll on. The CJ has certainly
done his bit to ensure this. Is the prime minister, knowing how corruption at
all levels is eating into the heart of the state, even willing to do anything
about it? (Editorial, The News 12th June)
Unbecoming sarcasm: While one can understand the Prime
Ministers jibes at political rivals, it is hard to stomach his unbecoming
sarcasm directed at the Chief Justice. Talking to the news media at Lahore
on Sunday about the case against Arsalan Iftikhar, son of CJ Iftikhar
Muhammad Chaudhry, currently being heard by the Supreme Court, the PM
suggested that the CJ should hear the case of his son (Musa Gilani)
considering him his own son so that he doesnt have to run after the FIA
and ANF repeatedly, if the law bars him from hearing the case of his own
son (Arsalan). This is a case of unnecessary slur and cheap mockery, and it
hardly behoves a Prime Minister, who has been convicted of contempt, by a
bench headed by the same Chief Justice, to do so.
It is obvious that such utterances would not go down well with the
people, especially when they have been in favour of Mr Gilani resigning his
job on at least moral ground, if not under legal requirements. The Prime
951

Minister also put forward the claim that the PPP had played a major role in
the restoration of the judiciary, had good relations with the Chief Justice and
great respect for the judiciary. The truth is that it was the dogged persistence
of the general public and the opposition parties that proved a deciding factor
in the issue in the face of the governments dilly-dallying to bring the
deposed judges back in office. About his respect for the judiciary the less
said the better. The Prime Minister should have also avoided dragging in the
army in the Arsalan case... He could have simply confined himself to
denying that the government had any role, but there was no point in
separately saying that the army had none either.
Both the government and the opposition must not lose sight of the fact
that the chaotic situation of terrorism, lawlessness, misgovernance,
corruption, accelerated inflation and hopelessness the nation is passing
through, no attempt must be made to damage the sanctity of the judiciary.
Punjab Chief Minister Mian Shahbaz Sharifs words that the Justice Iftikhar
was the only ray of hope deserve to be seriously taken. He rightly
maintained that the judiciary needed all the support the people could muster
at this critical juncture.
One would not question, though, Mr Yousuf Raza Gilanis dig at Mian
Nawaz Sharif, President of the PML-N, the main opposition party, as he
remarked that Mian Nawaz became a party to several court cases against the
government the NRO, memogate, rental power projects and Mr Gilanis
contempt case but not in the case of Arsalan, perhaps (because) he
understands Mr Riaz has good relations with all political parties. That is the
price politicians have to pay in the game of politics. (Editorial, TheNation
12th June)
The state of Pakistan: If you have not watched Francis Ford
Coppolas epic film, The Godfather, you should! In fact, every Pakistani
ought to watch this film. This movie is instructive in many ways in
understanding the intricacies of how political influence is bought by moneyloaded Mafioso, and how the mafia acquires the power to control political
events through corruption, bribing, violence, deceit, concealment, stealth,
subterfuge, evasion and cover-ups. And on top of that, the narrative of this
film is based more on reality rather than fiction just the way todays
Pakistans so-called democracy has become.
In the land of the pure and the pious, the entire state and political
leadership indulge in open and blatant corruption, bribing, stealing, looting,
underhanded dealings, nepotism, lies, cover-ups, defiance against the law
952

and ethical practices, violence against its own citizens; above all, making
money and using it for limitless politically-motivated objectives has become
the modus operandi of the state functionaries and national affairs managers.
The Familygate scandal has opened yet another floodgate of
information on how the current political dispensation works and operates
how unspecified amounts of money are made and then used to influence
national events, the countrys politics, media gurus, opinion maker
pundits, and the overall national political discourse. Irrespective of the
facts of who said what to whom and why, who showed what evidence to
whom and why, who was briefed by whom and why at a certain point in
time, who was bribed by gifts of expensive automobiles and costly villas in
upper-class estates, and why the recipients accepted these gifts, for what
purposes and intentions, and with what professional or ethical justification.
Who did business with whom, who financed whom with enormous amounts
of money, who paid whose holiday bills in thousands of British pounds for
whom and why, and so on and so forth. But one single-most important fact
that stands glaring in our faces is that this country is being deliberately
destroyed. The entire ruling elite is decisively committed to engineering and
organizing a national political structure, oligarchic in nature, more
oppressive and regimented than traditional feudal systems, with the
objective to divide the nation between a ruling elite with enormous financial
and political resources vested in them, and a largely marginalized populace
majority subjected to its political control for an indefinite period of time in
the future. We live in very dangerous political circumstances now!
Indeed, judicial decisions and judgments will have to go through the
normal legal processes and procedures in the Familygate case. But the
Chief Justice of Pakistans prompt suo motu action against his own son has
once again reinforced Justice Iftikhar Chaudhrys personal credibility and
professional integrity. In fact, it has set an unprecedented example of
submitting to the rule of law no matter what might be at stake and who
might be affected. Appreciable, isnt it?
But the time has arrived for the nation to react and rebel against the
ruling elites incessant political atrocities and national mismanagement. It is
a moment to make enlightened, rational, philosophical and ethical-moral
judgments in regards to national politics, and set a constructive discourse for
the countrys political renaissance and reform in its political culture. It is
time for a revolution to be instigated by the masses themselves. It is a
moment for deliberation, re-awakening of national consciousness,
transformational change and political action to get rid of the entire
953

incumbent political elite, its reactionary, regressive and backwards


leadership, and the contemporary implicit planning to subjugate this nation
to another era of vested interests controlled regimes.
What Pakistan needs today is a Tahrir Square political movement of
its own - political action on a scale that should rock the very foundations of
the present-day political structure and bring it to its final demise. Enough is
enough its political actors and its theatrics should no longer be tolerated.
We still have time to save ourselves!
A Pakistani columnist on a recent TV talk show predicted a violent,
chaotic and formless political disorder in the country within the coming
months The question is: must we wait for the chaos to engulf us in its
flames and fires, and destroy us from within? Can we not find alternative
solutions to our national predicaments? Do we not have other options to save
ourselves from ourselves? Are the masses so powerless, so timid, so
apathetic as to tolerate their own destruction at the hands of a few? Or are
we waiting for a messiah to liberate us from ourselves?
Let me share my own considered political judgment on the subject:
celestial interventions never happen in the affairs of nations when people
choose to remain indifferent to their own plights, and decide not to change
and challenge their own destinies. That is the law of nature and the
fundamental aspect of this view is the need to make ethical and moral
judgments in ones own personal and political conduct. Are we doing so?
The void has to be filled. The question is: who will fill this void
Todays Pakistan remains guide-less, radar-less, direction-less, pointless driven to this state by those who, in fact, are politically irrelevant to
the nations needs, ideologically insolvent, morally and ethically bankrupt,
and absolutely indifferent to the need for making a peoples welfare state.
Let it be a reminder: The nations are born in the hearts of the poets; they
prosper and die in the hands of the politicians (Dr Allama Iqbal). (Dr
Haider Mehdi, TheNation 12th June)
The CJ must stay: The bombshell that his counsel had warned the
nation Malik Riaz would drop appeared in the form of serious insinuations
against Chief Justice Iftikhar Chaudhry when he addressed a press
conference at Islamabad on Tuesday, after his first appearance before the
Supreme Court in the case of Arsalan Iftikhar. However, when the journalists
assembled there raised questions about his observations that had been
phrased as somewhat rhetorical questions, he refused to answer them,
insisting that he was not responsible for doing so; he had said all he wanted
954

to say. Malik Riaz threatened to hold another press conference later to reveal
still more incriminating evidence that would jolt the entire nation, alluding
that it would also be directed against the CJ. Strangely, he insisted that he
had great respect for him and the judiciary, acknowledging that despite all
the favours he had done to Arsalan on his assurance of getting the court
cases against him discharged, he did not get any relief.
The three insinuations Malik Riaz made were: the CJ must tell the
nation how many meetings took place between him and Malik Riaz in the
darkness of night and was Arsalan present on several of these occasions;
were there meetings in the house of Ahmad Khalil and was there a sitting
judge also present on one such occasion; and since when the CJ knew about
the facts of Arsalans case. Though Malik Riaz did not answer media
questions, analysts have come forward with their comments, which, they
claimed, were based on what they had learnt direct from Malik Riaz. Malik
Riaz was calling on the CJ to assure him of restoring the deposed judiciary,
including him, if only he promised not to take up the NRO issue. This
request the CJ consistently turned down. But now Malik Riaz was trying to
give it another angle, as if the CJ was meeting him for getting some favours
from Malik Riaz. Secondly, Ahmad Khalil and Arsalan Iftikhar were best
friends and it was upon insistence of Ahmad Khalil that Arsalan persuaded
his father to attend a small Eid party in his house but quietly a little later the
President and the Prime Minister also turned up. Earlier, Malik Riazs
evidence of 33-pages was presented before the court, alleging that Arsalan
received favours, in the form of trips abroad and cash, to the extent over
Rs342.5 million to have the cases against him dropped.
The attempts to defame the Chief Justice, using the accusations
against his son, are in order to pressure him into resigning. This, when he is
doing a remarkable job in laying bare before the world the grievous wrongs
the various institutions of the government and others in society are doing to
the nation and is making every effort to set things right. The accusers must
be held accountable before the law. Chief Justice Iftikhar Muhammad
Chaudhry must stay in office. As for his son and Malik Riaz, let the law take
what course it must and those in the wrong accorded the proper punishment.
(Editorial, TheNation 13th June)
The Malik bomb: The prediction of his lawyer that Malik Riaz
would detonate some bombs in the Arsalan Chaudhry case has now come
true. The main character of the case, the owner of Bahria Town, has
implicated Chief Justice of Pakistan Iftikhar Muhammad Chaudhry in the
case and asked him some questions in a press conference. The questions
955

were not asked in his sworn affidavit submitted in the apex court earlier in
the day. Malik Riaz claimed that he had held several midnight meetings with
the chief justice in what was apparently an insinuation that he had discussed
the Arsalan matter with him for reaching some compromise. But this point
was promptly answered by the Supreme Court registrar, who said some
meetings were held before Justice Iftikhar Chaudhry was restored. So the
question that the Arsalan case was discussed between Malik and the CJ does
not arise. In his press conference, Malik Riaz also asked the CJ to tell the
nation when he came to know about the Arsalan case. While no official
comment is yet available on this point, leading lawyer Barrister Aitzaz
Ahsan has said that some time ago he had discussed this matter with the
chief justice, but Aitzaz has stated that in his view the CJ had not seen any
documents of evidence against his son. The third point raised by Malik Riaz
pertains to alleged meetings between the CJ and the prime minister at the
home of a go-between. That matter is still vague and needs clarifications
from all sides.
The Arsalan-Malik Riaz case, which started off on the social media
and went to the Supreme Court as a suo motu case after being picked up by
the mainstream media, has now overwhelmed the political sphere and the
media scene in the country. It has become a potential time bomb which is
ticking while many more details wait to be revealed; and many big boys in
the judiciary, business community, media and legal fraternity could get badly
burnt. What is apparent is that Malik Riaz has admitted that he paid Dr
Arsalan millions of rupees in the hope that he would get some relief in his
cases in the Supreme Court. This could be a double-edged sword. It appears
to be an incriminating statement but Malik Riaz claims he was blackmailed
and was a hostage in the hands of Dr Arsalan, whom he called the don
controlling the judiciary. This is a very serious allegation. Malik Riaz has
also held back several other facts or claims which he says will be revealed
later. Thus he is holding some more cards anticipating further developments.
This could also be seen by some as a threat to the other side or an attempt to
blackmail, as some legal analysts have said in their comments. Whatever
more is to come, the issue has blown into a major crisis and a clash of
personalities that could turn into a clash of institutions as Malik Riaz has
also sucked in the prime minister and the president in his statements. A fullfledged, completely independent and high-powered probe commission is
thus immediately needed to control this dragon before it damages national
institutions beyond repair. (Editorial, The News 13th June)

956

The empire strikes back: In a 2008 meeting that has come to


symbolize Riazs political clout, it was he who brought the Quran in the
room so that Zardari could swear not to renege on his promises to Nawaz.
Riaz is the man in whose private jet Ishratul Ebad flew back to Pakistan
from Dubai after the MQM patched things up with the PPP last year. He is
the unlikely hero who helped forge the unlikely alliance between the PML-Q
and the PPP, while at the same time remaining dear to one of Ch Shujaats
pet hates: Nawaz Sharif. It is no secret that Shahbazs Aashiana Housing
Scheme would not have been possible but for Riaz and that he is such a
darling of the Sharifs that they wont even let Ch Nisar touch him not even
while Riaz is pouring money on the landed Khokhars to ensure their victory
against the opposition leader. And yes, Riaz is also the sovereign of an
empire powered by close ties to the military, and who counts by the
admission of his own staff officer ex air force commanders, naval officers
and former DGs of the ISI and ISPR among his humble servants.
So thats all the major status quo parties, tucked up in Riazs pocket.
And on the other side stands the chief justice who has subjected all
these parties, usually shielded from accountability by their wealth, power
and influence, to uncharacteristic scrutiny. Even Nawaz, who may be willing
to embrace a transformative court while in opposition, knows he couldnt
live a single day in power under such an activist court headed by such an
activist CJ.
Not so hard to imagine, then, why Malik Riaz, and his line-up of
stipendiary would want to see the CJs back. Indeed, why assume Riaz
meant to influence the judicial process only in his own favour? Wouldnt it
be worth it for the others to risk supporting him from an arms length if he
doesnt succeed, they dont get burnt but if he does succeed, everyone shares
in the dividends?
According to the first accounts of his self-incriminating testimony in
court, Riaz has now openly claimed that Arsalan extorted and blackmailed
him while failing to deliver on getting relief for Bahria Town from the SC
And the final question: why did Riaz decide to go frontal? Because Plan A
failed and Plan B would have taken too long to execute. Consider. Sharing
evidence with select journalists who would get the whispers across to the
CJ did not have the desired effect of making the chief panic, back off and
begin to toe the line. Instead, the CJ took suo motu, then recused himself
from the bench and left behind two no-mercy judges to hear the case.

957

Which called for Plan B: slow slicing; the lingering death. Throw
some crumbs into the marketplace of ideas; let them gently toast under the
heat of public scrutiny; throw a few more; wait. Let the crumbs ignite wait
for them to become something more. The whisperings about Arsalans
alleged corruption; the questions about how it was possible for the father not
to have known; the doubts about how a man who didnt see what was going
on in his own house could claim to be a watchdog against widespread
injustices let it all burn into something much bigger: a public demand for
the CJs resignation, perhaps?
The superior judiciarys upper hand its sense of propriety and moral
uprightness as perceived by the public may have already been
compromised and even those who have always supported the judiciary have
been left flirting with the idea that, perhaps, the top judge could also be
wrong.
Now, in a final stroke, Riazs frontal attack has left the CJ twisting in
the wind, injecting the last burst of fuel into a bushfire that was already
sweltering angrily.
So, while it will suit Malik Riaz and Co to drag on this mess for as
long as possible, the only way the SC can restore its honour is to put
Bahriagate on a fast track in which justice is seen to be done. At the heart
of his case is the charge that Riaz uses his wealth to exert political influence,
which he in turn uses as the treadle to further expand his business interests.
And this has always seemed like a claim so commonsensical that it never
needed proving except now it does. And thats what the court has to do,
especially as the wheels of political intrigue go choo-chooing away.
According to a top PM aide, imagine if, as speculated, the PM resigns
after the passage of the budget in July to avoid letting his own controversial
status sully the august house and then the CJs detractors begin to push the
idea that the top judge too should follow the moral example of the prime
minister and resign to save his institution from infamy?
All speculation, but look at history: we all remember the split
engineered in the superior judiciary during Sajjad Ali Shahs days... But the
CJs detractors may be miscalculating again. For who can deny how
fundamentally changed the SC of today is, having become an institution that
may well be plagued by internal differences but where there is unanimity on
the fact that no third force will be allowed to touch the symbol of judicial
independence?

958

But even more importantly, the detractors may be overlooking that


they are dealing with a changed Pakistan altogether: one where a media that
spits out its own dark secrets and a society increasingly aware of the ugly
nature of power has made it so much harder to get away with running a
mighty machine of corrupting political influence whether as an army
officer, a media mogul or a real estate tycoon.
Thats the optimistic explanation, of course and the only way to
make sure this is how things actually turn out in the end is to ensure that
when the smoke clears from the battlefield and the casualties are counted,
the Supreme Court is not among them. (Mehreen Zahra-Malik, The News
13th June)
Miracle: Only a miracle can save the chief justice. The entire
Pakistani society is structured to benefit the elite, both civil and military.
Every institution on the face of this country that the elite have erected
is programmed to extract resources from the masses for the benefit of the
elite.
Pakistan is poor not because 60 percent of Pakistan is infertile.
Pakistan is poor not because our work ethics or our cultural attributes are a
hurdle to peace and prosperity.
Pakistan is poor not because our leaders are unaware of the right
policy mix that would lead to widespread prosperity.
Pakistan is poor because our leaders are greedy, selfish and ignorant
of history. This is what I learned from Daron Acemoglu, a TurkishAmerican MIT economist who is among the ten most-cited economists, and
James Robinson, Harvards ace political scientist, through their joint venture
Why nations fail: the origins of power, prosperity and poverty.
Egypt, the book states, is poor precisely because it has been ruled by
narrow elite that have organized society for their own benefit at the expense
of the vast mass of people. Political power has been narrowly concentrated,
and has been used to create great wealth for those who possess it, such as the
$70 billion fortune apparently accumulated by ex-president Mubarak. The
losers have been the Egyptian people, as they only too well understand.
Who will save the CJ from powerful, powerful interests who exert
power in an abusive fashion? According to Why nations fail, The
historical evidence is overwhelming. Many societies have done well for a
while until powerful people get out of hand. This is an easy pattern to see
at a distance and in other cultures. It is typically much harder to recognize
959

when your own society has an elite less subject to effective constraints and
more able to exert power in an abusive fashion.
Our leaders know full well how to turn Pakistan into a welfare state
but some governments get it wrong on purpose. Amid weak and
accommodating institutions, there is little to discourage a leader from
looting. Such environments channel societys output towards a parasitic
elite, discouraging investment and innovation.
The CJ cannot be allowed to discourage leaders from looting. The
CJ cannot be allowed to stand between the predatory elite and their prey. It is
in the interest of the elite that Pakistan continues with weak,
accommodating institutions.
Only a miracle can save the CJ but in order to be a realist you must
believe in miracles. (Dr Farrukh Saleem, The News 13th June)
Malik Riaz, the mindset, now after chief justice: In a frustrated
effort to save his wealth and to serve the vested interest of his masters in the
civilian government and the establishment, Malik Riaz has launched a fullscale attack against Justice Iftikhar Muhammad Chaudhry. He admits that he
bribed the wavering son of the CJ Now he is all out to blackmail the chief
justice and hence raised three questions, containing half-truths but clearly
meant to malign the Chief Justice of Pakistan. Malik sahib, why did you not
raise these questions one, two or three years back? Why now?
He claims to have great love for Pakistan and its people but practically
he has laid the mines to destroy and destruct the only credible and propeople institution - judiciary - left in the country. He is out to deprive the
people of Pakistan of their only hope because the present Supreme Court is
not deciding his cases as per his wishes.
Malik Riaz Hussain might have succeeded in trapping Arsalan Iftikhar
but admits that the CJ or the Supreme Court did not favour him in any
manner In a country where the executive is involved in corruption and
does not feel shame in protecting the corrupt while the anti-corruption state
institutions like the Federal Investigation Agency and the National
Accountability Bureau are tamed in favour of the corrupt and tainted rulers
there is one institution, the Supreme Court, which has taken a stand against
corruption, injustices and brutalities of police, intelligence agencies and the
executive.
Malik Riaz should have praised the Chief Justice for not having been
purchased by any one, but why should he? He is in the habit buying
960

everyone. He has nine generals though retired serving under him, he is a de


facto ruler of Islamabad, he has partnership with army in the housing
business and has enormous influence in the media. He could not buy the
Chief Justice and here lies the problem for the Riaz Malik mindset.
Since 2009 the SC has taken up cases of corruption involving Rs400
billion and has saved tens of billions of the national exchequer, which had
almost gone into the pockets of the powerful and the mighty This figure is
apart from NRO cases that involve another Rs175 billion in looted money...
He is known as the king maker; there is a long list of ministers,
members of the civilian and military bureaucracy, politicians and even media
men considering him as their godfather; he has his choice men appointed at
every position that matters for him including chairman NAB; he is the best
friend of top government leadership and also enjoys excellent relations with
the top leadership of other political parties. Alas, he could not tolerate one
dissenting voice. (Ansar Abbasi, The News 13th June)
The great game: The merits of this particular case notwithstanding,
the dismal fact remains that after a sustained campaign against the Pakistani
Army, a campaign now fully exposed by the Memogate Commission verdict,
the other institution that had the trust and respect of Pakistans entire
citizenry is now being targeted, and in the process the reputation of our
revered chief justice is being sullied.
Everyone knows real-estate tycoon Malik Riaz has excellent
connections, and not only among the political and military elite. He is also
known to be a close confidante and associate of President Asif Ali Zardari.
That the facts of the case have become undistinguishable from fiction is not
surprising, and conspiracy theories abound. A lot of expert opinion is being
expressed by anyone and everyone who can get within speaking distance of
a reporters microphone or can appear as a guest on any one of the many
television talk shows.
There are three players in this particular case Vested interests are
calling for the chief justice to resign; this is unacceptable and highly unfair.
No one should be railroaded from office on the basis of evidence not directly
connected to him. On the other hand, if it is proven that Arsalan Iftikhar is
guilty, the law should be allowed to take its course without any concession.
In any case, Malik Riaz is now on record that he has been using bribery as a
weapon. And as for blackmail, for what purpose and why was he diligently
maintaining receipts, records of credit cards and making videos?

961

Malik Riaz is not just anybody. He is a man who has energized the
housing industry in Pakistan Many people tend to forget how business is
done in Pakistan Because of the number of cases against the government,
and the unconcealed glee in PPP circles at the chief justices discomfort,
there is a suspicion that this could have been a deliberate frame-up in which
a lot of people were involved. Arsalan was the chief justices Achilles heel,
and those baying for his blood could have focused on the weak point. When
Arsalan was found not delivering the goods, the pressure was forcemultiplied. Malik Riaz claims he was being blackmailed, by the look of it; it
is the other way round!
The journalist community has taken a beating from this sordid affair
and has come out looking quite ragged Those showing biased or vested
interest can be suspected of accepting money or accepting graft in any other
form. In the process this not only harms the entire media community, but
also the people of Pakistan by trying to hide the truth and promoting a paidfor agenda. One good thing that can come out of this episode, if it is allowed
to come to its logical conclusion, is that we will know without any shadow
of doubt who the black sheep are among us.
Instead of indulging in a blame game, it is time to do some real
damage control. Once and for all here is an opportunity to uncover the
machinations of whoever is pulling the strings. Previously the army was the
target of all the venom, and now it is the turn of the Supreme Court. The
Supreme Court must hand over the investigation of this case to a judicial
commission headed by a senior judge in the same manner as was done in the
Memogate affair. To keep the process transparent, the members of this
commission must be appointed by the senior-most judge after the chief
justice. This commission should be mandated to probe the entire affair and
give its findings within a very short term. Based on the findings, the matter
can proceed ahead.
In the meantime we have been reminded yet again of one thing:
money talks in Pakistan! (Ikram Sehgal, The News 14th June)
The only way: The historian Charles Beard once said that a
lifetimes reflection on history has taught him four things. When darkness
comes, the stars begin to shine; the bees that rob the flowers provide the
honey; whom God wishes to destroy him first makes mad, and the mills of
God grind slowly, but they grind exceedingly small. This sums up the
situation in Pakistan today. Truth is on the march. Mighty trees are falling.
The storm raging outside shows no sign of abating.
962

Where do we stand today? Pakistan has a nuclear bomb in one hand


and a beggars bowl in the other. All the pillars of state, with the exception
of the Supreme Court and the media, are dysfunctional. The President, the
symbol of the unity of the federation, is mired in corruption. Parliament, the
so-called embodiment of the will of the people, is fake. Under an imbecile,
corrupt and feeble government, like the one we have today, there is but one
step from discontent to revolution
Otto von Bismarck once said that political genius entailed hearing the
hoof-beat of history, then rising to catch the galloping horseman by the
coattails. History offers opportunity. Timing is the essence of politics. Imran
is an acknowledged leader of a mainstream political party and has a decisive
role to play in the fast evolving situation in the country. People expect him to
provide leadership. The voice of history beckons him. He must listen to the
street.
He must, in the words of Chairman Mao, seize the moment. He must
seize the hour, he must respond to the challenge. He must identify himself
with the leaderless, rudderless protestors who feel abandoned by the political
parties in their hour of greatest need
Our country is in grave danger Today we are engaged in a great
battle. The lines are drawn. The issues are clear. Those who are not with the
people are against them. It is as simple as that. The time to hesitate is
through. Now or never is the moment when salvation from corrupt rule is
possible. Too long have we been passive spectators of events. There is a
moment in engagement, Napoleon once said, when the least manoeuvre is
decisive and gives victory. It is a one drop of water which makes the vessel
run over. For us that moment has come
Our cupboard is bare. This only antidote to this debilitating situation
is to throw out this corrupt government and give the people a chance to elect
their representatives with a fresh mandate. Everybody knows this is the only
effective answer.
The wrong answer is to allow this corrupt government to go on
plunging towards the abyss. The only way to ensure victory is to wield the
weapon which has brought the anti-Zardari movement thus far: massive
demonstrations, rallies and marches all over the country. (Roedad Khan,
The News 14th June)
A blow to the system: The Arsalan case: Aside from the details, the
case is a new low for Pakistans failed politics. This is new evidence proving

963

that a failed and unstable system and immature players are dealing a blow to
Pakistans internal stability.
Can the military be involved? Its highly unlikely considering the
army chiefs vows to stay away from politics, a promise he has so far kept.
The list of beneficiaries is long. What the case really demonstrates is that
Pakistani politics require a ruthless purge.
Our homeland cant progress without cleaning up the system. Thats
the lesson of the past two decades. Our politics are focused on destruction
more than building. There are some tough questions for our media too.
The relationship between a real estate tycoon and top journalists is
disturbing. The rise and power of the Bahria Town enterprise is also
something that does not bode well for the Pakistani state. We first saw
political parties challenging the state and now private companies, such as the
Bahria Town, are doing the same. Is it in the interest of the country?
(Ahmed Quraishi, The News 14th June)
All sorts of ugly: At this mind-boggling and bizarre phase in the
countrys history when the highest court in the land struggles to save its
reputation from scandal inflicted by the absolutely criminal stupidity, if not
something more grave, of one Dr Arsalan, Attorney-General Irfan Qadir took
full advantage of the opportunity to deliver a spirited performance.
Appearing before the Supreme Court on Thursday in the case questioning
the Speakers ruling in not forwarding the Prime Ministers disqualification
reference to the Election Commission, he set aside all rules and principles of
decency. His words were so unguarded; his questions of the court so
impertinently and rudely phrased and last, but not least, his gesture to the
honourable bench so base and vulgar, that he detracted all attention from the
case that was being heard. As the chief law official of the country he was
supposed to be particularly mindful of the decorum of the court, but he went
to the extent of making vulgar gestures, which angered the lawyers present
in the room
This must be the first instance in legal history that the top law officer
of a government has created such an ugly scene in the highest court of the
country. Yet, the attempt to disgrace and defame the court reflects the
attitude that one is witness to in Arsalan Iftikhars case that is casting its
shadows over the dignity and honour of the judiciary. The unforgivable
theatrical behaviour of the Attorney-General cannot as well be dissociated
from the defiance of judicial verdicts by no less a person than the Chief
Executive of the country. Things are literally going out of hand where even
964

the judiciary is not being spared and systematically maligned. It is time for
the nation to set aside our differences and stand up to restore its dignity and
honour. (Editorial, The Nation 15th Jun)
Disarray: The squabbles between the Supreme Court and
government that we have been seeing for many months now appear to be
taking on a more dangerous form. They might develop into full-fledged fist
fights which could cause great damage and may need intervention of some
kind. The latest indication of this comes in the report that the government is
preparing to use Malik Riaz and his diatribe against the court as a means to
move a reference against the Chief Justice of Pakistan. Despite the denial of
law ministry officials and others in government, sources say a document in
this regard has in fact already been prepared against Chief Justice Iftikhar
Muhammad Chaudhry the man the government sees as the main
impediment in its various plans. The president and the prime minister are
said to have met to discuss the matter of a reference and the ongoing Arsalan
Iftikhar case is said to be seen by the governments legal advisers as possibly
providing fodder for this.
There are also other developments. In the court room on Thursday,
during the hearing of the case relating to the National Assemblys speakers
ruling the contempt reference against PM Gilani, the attorney general used
extremely rude language in referring to the Supreme Court and created quite
a scene. The question now is how much contempt the court will endure.
How much of it can be afforded without throwing the Constitution into
disarray and totally messing up the balance between institutions that is vital
to the survival of any democracy? The executive does not appear to realize
that by attempting to harm the court it would in fact be delivering a terrible
blow to the democratic system itself and all that it stands for. Senior lawyers
are reported to be already planning a defence of the CJP. Clearly they expect
an assault on him to be launched. Things are moving far too fast for comfort.
New developments could unfold at any stage. But amidst all this chaos we
must hold on to the most basic principles. It is essential that each institution
stay within the boundaries laid out for it within the Supreme Law of the
land. Otherwise we can only expect deeper trouble to ahead and more
problems to develop within a setup which too often appears to be on the
brink of collapse in any case. (Editorial, The News 15th June)
The get-CJ-by-July strategy: Well get your chief justice by July,
max, he leaned over and whispered in my ear. We were both at a conference,
waiting to take our places on the stage. He was one of the speakers on a

965

panel of which I was the moderator. The time between panels presented the
opportunity to share important information.
The original plan, he told me, was to hit the chief justice while he
was abroad receiving an award in London; but the Malik Riaz disclosures
were delayed on the ill-advise of a silver-haired top legal aide of the
government a newly re-discovered party asset, to borrow someones
words. The top lawyer, according to my fellow speaker at the conference,
had advised the unleashing of the corruption-charges avalanche when the CJ
got back in the country.
Why; I asked? A resigned shrug of shoulders and rolling of the eyes
was the only response I got. So what happens now was my next question.
We will make his continuity simply unviable for the continuity of the
institution itself, he said with a knowing smile. But why did Malik Riaz
suddenly start talking to so many senior journalists in what appeared to be
an obvious and desperate bid for the Arsalan affair to become shoptalk? He
turned, looked me straight in the eye and said, You wanted us to wait till the
court had read the last rites of the PM in the conviction case? Something
bigger had to occur before that. And then we were both called to the stage.
This happened mid-week.
The contours of the get-CJ-by-July strategy became evident the day
after, within hours of my stage-side discourse, and right in the well of
courtroom 1. In what was clearly a preplanned move, Attorney General Irfan
Qadir stood up at one point and addressed the bench, led by Chief Justice
Iftikhar, in an extremely rude and provocative manner. He brashly accused
the court of rushing through the case and dismissively asked the CJ to recuse
himself from hearing the prime ministers conviction case review. And then,
insisting that the seven-member bench that delivered the guilty verdict
against the prime minister had immediately fled the courtroom, he shocked
the packed courtroom by gesticulating in a manner known to every street
urchin of Pakistan.
Understandably, the AG has his personal bias against the CJ who cost
him his illegal continuation in the office of Chief Prosecutor NAB, but
Qadirs behavior was still shameful. However, there was a clear method to
the AGs madness. The plan was simple: force the bench to react and
respond in the same coin a reaction that would have been presented as
more evidence, a footnote perhaps, of conduct unbecoming of a judge in
some future presidential reference.

966

But the bench saw through the scheme and responded with utmost
restraint with only Justice Khwaja advising the AG to conduct himself
properly. For how long such restraint will last, is the real question?
I am fond of my whispering friend on a personal level and though
his politics may be problematic, his access to the epicenter of political
maneuvering and intrigue in the capital is certain. He knows what he was
talking about and isnt someone whose utterances can be ignored as typical
Islamabad conspiracy-theorizing. Another gentleman also in the know of
things had another interesting take to share on the Arsalan Iftikhar saga.
According to him, the entire issue would have been outed even if Arsalan
had supposedly delivered on his commitment and Bahria Town had been
blessed with favourable court verdicts. In such an eventuality, the favourable
verdicts would have been presented as being irrefutable evidence of a
criminal collusion between an erring son and his collaborating father.
Unfortunately, for the CJ-slayers, no incriminating favourable verdicts
were handed down to be exploited as proof of a successfully-concluded
criminal arrangement.
The first setback came when instead of cowering into a corner or
submitting to the will of Malik Riaz & Co, the CJ took the bull by the horns
and brought his own son and his accuser in the dock. The second blow was
struck by the two-member bench on Thursday when it referred the case to
the government for thorough probe and action against Arsalan, Malik Riaz
and Ahmed Khalil. The ball to investigate and convict is now in the
governments court. Surely that was not a part of any Plan A, B or C.
The fundamental question at the heart of the Malik Riaz explosion
remains unanswered to date: why would a super rich businessman, a multi
billionaire in dollar terms, put his entire empire and his own future at risk for
a paltry Rs340 million? Especially when only recently the same man doled
away Rs140million to secure the release of a Pakistani sailor from Somali
sea pirates? He claims to have donated Rs850million to subsidize Shahbaz
Sharifs Ashiana housing scheme for the under privileged. In his high roller
power games, giving away hundreds of millions of rupees to politicians,
generals, bureaucrats and dirty journalists is business as usual for him. So
why the fuss over a measly Rs340m? He is man who has made his billions
by buying the powerful and bullying the weak and has never alienated
centres of power and influence. Looking at his past, his latest behavior just
doesnt add up unless one configures the picture to the much larger than that
painted by the self-proclaimed victim, Malik Riaz.

967

The script may have been read by Mailk Riaz but he is definitely not
the sole author. He has to be part of a bigger conspiracy and must have been
given impregnable guarantees that no harm would come to his person, or
personal fortunes for throwing himself in front of the judicial juggernaut.
This raises another question: What do you offer a man who already has
everything?
How about public office? For a man of Malik Riazs humble
beginnings, and who has controlled the political scene from behind the
curtain for over a decade, what could be more desirable than to be occupying
the very high offices that he has so diligently served and serviced? Its a
fact that he had been assured the governorship of Punjab, both by Zaradri
and Nawaz, in recognition of his mediatory services during their 2008
parlays. Indeed, Malik sahib often makes references to late governor, Nawab
of Kalabagh, and never hides his desire to walk in Nawab sahibs
footsteps.
Unfortunately, Nawaz and Zardari fell apart and so did Maliks
dreams of being Punjabs Laat Sahib. Second best alternative: interim prime
minister? Fantastical as it may sound, you can never blame someone for
being overtly ambitious. Clearly the gentleman has big plans for the future
and the controversial mode of his entry notwithstanding, he seems to be
moving from being a king maker to a king of sorts himself. And what better
beginning than slaying a giant like CJ Iftikhar Chaudhry?
For all practical purpose, public office may forever remain a pipe
dream for an individual who had the audacity to justify, in a televised
interview, that he offered bribes and illegal gratifications to conduct routine
business in Pakistan. That he has been intelligently used is now quite
obvious and its only a matter of time before the real players get exposed.
There is always a time to cut losses and quit and the sooner the
executive and the intelligence combine realize this the better. About 60
judges of the superior court quit when Gen Musharraf sacked Justice
Iftikhar. In the event of an attempted repeat of the same stupidity, the
government will not be able to find a single sitting judge in any of the high
courts and the Supreme Court to abandon the CJ and cross over the dirty
line. Lets face it, the crude attempt to malign the CJ is already showing signs
of failure, and showing itself detrimental to the powers that be. (Mohammad
Malick, The News 15th June)
Et tu Brute? Whatever opinion judges, high or low, may like to
entertain of themselves, most Pakistanis look cynically at the judiciary.
968

Judicial failings, to put it no stronger than that, are the stuff of popular
legend. So if these accusations had been about the son of any other judge
most people would have just shrugged their shoulders and moved on. But
Arsalan Iftikhar living it up at the expense of the guy we have for the sake of
argument dubbed the shadiest character this side of Suez? This is the real
shocker. Et tu Brute?
Are we in the least bit surprised by President Zardaris reputation,
Pervaiz Elahis son, Moonis Elahi, caught in a land scam, the prime
ministers sons and other members of his family named in corruption
scandals, the money-laundering exploits of political leaderships past and
present? No we are not. But Justice Chaudhrys son in the same boat, caught
in the same hamam? It takes a stiff shot of brandy to swallow this one.
For when you hear such a thing you are apt to just raise your hands
and ask what next? Far from being titillated by Malik Riazs accusations, I
felt depressed. I can say the same for many of my friends. Not that Justice
Chaudhry is without his shortcomings. I think he has quite a few. Even so,
he was a different chief justice, the Supreme Court under him the nearest
thing to a populist court in Pakistan. And because he stood up to Gen
Musharraf when there was darkness all around, so many of us, even while
aware of his failings, considered him our hero.
So despite the fact that he, like other judges, was baptized in the
waters of Musharrafs Provisional Constitutional Order, and was part of the
benches which validated the generals usurpation of power, we closed our
eyes to this past because we were desperate to believe in the future.
It was not just that we suspended judgment. We made a nearKhomeini out of the CJ and persuaded ourselves that a new dawn had
arisen And now to see the son wallowing in Malik Riazs cesspool, at one
with the sharks and the octopuses...it is enough to give anyone a headache.
Ah, but My Lord says he knew nothing. Coming from the highest
judge of the land, our hero no less, such a statement has to be taken at face
value A father, moreover, sitting constantly in moral judgment over others,
inveighing against corruption and wrongdoing in high places, delivering
mighty verdicts, not afraid to hold the highest in the land to account, not
afraid to look into the shadows and poke with a rough stick institutions
hitherto treated as the holiest of cows. For such a one especially charity
should have begun at home
True, Arsalans sins cannot be visited upon the father. But this is a bit
like the Abbottabad operation. Osama bin Ladens prolonged presence on
969

Pakistani soil was certainly no proof of our complicity but it did raise
questions about the competence of our vaunted intelligence agencies. The
father keeping an eagle eye over everything else but oblivious to the
shenanigans so close to him...this also raises some uncomfortable questions.
It is not easy to admit this but Malik Riaz is being at least partially
honest in this affair. He is not saying that the money gifted to Arsalan was
for charity or the Salvation Army. He is frankly admitting to trying to bribe
him in expectation of favours in return. This is self-incriminating and could
boomerang on him. Arsalan, on the other hand, is protesting innocence. The
CJ is pleading ignorance.
Others smell a conspiracy which, for all we know, may be true. The
CJ has stepped on too many powerful toes and it stands to reason that he
would have powerful enemies. But just consider: with the ammo that
Arsalans escapades have provided them, would those enemies have missed
their opportunity when it came their way? We are talking of power-brokers
not saints. In a game of power the rules do not vary: favour for favour or an
eye for an eye and woe betide the innocent soul who forgets this.
The SC is under attack. No question about it. But its defence is also in
its hands. The clouds should lift if it only ensures that the dice are not loaded
against anyone and that justice is seen to be done. Above all, the CJ must
distance himself from all Bahria Town cases. Else impartiality will become
all that harder to establish. (Ayaz Amir, The News 15th June)
The Chief Justices son: It must be noted that the Chief Justice has
not been doing anything off his own bat. He has the support of the majority
of the legal community, whether lawyers or judges. At a crunch like this, this
support matters more than that of the ordinary populace, which he has
because of the judicial activism that the Supreme Court has shown.
Whether any proof is even produced of Chief Justice Chaudhrys own
involvement, which seems highly unlikely considering that Malik Riaz has
not won any of the cases before the Supreme Court, the damage has been
done. The high moral ground of the Chief Justice, which he has enjoyed ever
since President Musharraf dismissed him, has been eroded. If nothing else,
PPP supporters will make sure of that.
Already, Prime Minister Yousuf Raza Gilani has mentioned one of his
sons, with the Supreme Court having taken notice of both. Though it is not
likely that a parent would not be aware of how was his son, a doctor of 32,
doing in his chosen field (not medicine), it is possible for a Supreme Court

970

judge who had nightmares about this very situation: getting involved in his
sons business dealings.
However, the Chief Justice has not taken refuge in any sort of
obfuscation. He has summoned not just his own son, but also Malik Riaz,
who must have thought he had bought his way out of such inconveniences as
court appearances. He seemed to want it all out in the open, where his own
fraternity, which supported him when he had been deposed, could see and do
what they did best: judge.
But the bringing into the open would serve another purpose. The
President gets a chance to clear himself of being behind the charges as does
the military, which has not been given special treatment by the Supreme
Court, and has come in for criticism in the missing persons cases. The legal
fraternity suspects these two of being behind the campaign. There is some
weight to this, because Malik Riaz has been linked to both, while both also
resent the Chief Justices attempts to impose the rule of law.
What Arsalan Iftikhar is accused of, is presumably someones
conception of how a Chief Justices son should behave, and is presumably
based on how previous Chief Justices sons are supposed to have. Whether
this is true or not, Chief Justice Chaudhry did try to change that perception,
make judges adjudicators rather than upholders of the status quo.
To challenge it, the tools he used were the Constitution and his own
probity. The Constitution is in the hands of Parliament, and what has
happened to his own probity, he has seen. His entire lifes earning, his
repute, has been shown as subject to his own sons caprices. There is an
irony at work somewhere here.
The principles the Chief Justice upholds are imported from the West,
but the responsibility ascribed to him for the actions of an adult son are not;
they are very Eastern. Whatever the family tragedy, the national can only be
averted by a fact-finding commission. Only when the nation is told of the
reality will any recovery be possible. (M A Niazi, The Nation 15th June)
In the dock: The scandal involving Dr Arsalan Iftikhar, the Chief
Justices son, may not have enabled real-estate tycoon Malik Riaz Hussain to
have forced Chief Justice Iftikhar Muhammad Chaudhry from office, but the
interview he gave to a private TV channel provoked a controversy about the
media. The controversy brewed up when the remarks the two TV talk show
hosts made off the air, were put on the Internet. This was followed by the
dispatch, again over the social media, of alleged details of payments, in
money and plots in Malik Riazs Bahria Town, by Malik Riaz to various
971

prominent members of the electronic media. Although the list has been
labeled fake by Bahria Town authorities, and certain names on it are indeed
respected and professional journalists, rumours persist that whether this
particular list is correct or not, there is dubious funding being pumped in.
Put together, it seems that the case has put the spotlight on the
electronic media, and where it raised questions about judicial probity it has
also raised about the media. A superficial view of the situation would
indicate that interviews, including TV interviews, cannot be believed, and
have been tightly controlled, not by the interviewer, or the programme
producer, but the interview subject. This is an unfortunate situation, for it
means that public confidence will be shattered and genuine interviews, by
genuine interviewers, will be dismissed as yet another sham where the
interviewee controls the strings. Ever since electronic media proliferated, it
has been accorded the respect the print media has earned against dictatorial
regimes of the past, and its talk show anchors have been accorded great
belief by their viewers. This power has been magnified by the fact that
Pakistan is a country with low literacy, and thus has limited readership,
compared to viewer-ship.
One of the most immediate consequences must be for TV channel
owners to do some soul searching. Electronic media is still at the stage
where its leading stars have not risen from within, but have to be brought in.
Also, channel owners need to ask themselves if they want hosts or producers
to misuse the power they have given them. However, before any aspersion is
cast, a serious and credible investigation is needed, into who if anyone
benefited from Malik Riazs largesse. (Editorial, TheNation 16th June)
Another resurfacing of the M factor: The present case of Arsalan
Iftikhar and Malik Riaz has been so timed that it has managed to
overshadow all the other cases being heard by the Supreme Court. If the idea
was to walk the CJ into a corner and get his resignation, it has backfired. The
citizens, by and large, and the lawyers community as well have seen the
bigger conspiracy behind the whole idea and have decided to side with the
judiciary so that it stays in its role. When it was restored in 2009, the
independent judiciary gave us some heroes and it is our wish that the
interpreters of law remain steadfast and true to their chosen calling. It is our
wish that their name is not sullied and no allegations made against them.
They need to be on very strict guard to be able to protect themselves from
the likes of Malik Riaz who, and how the mind boggles, have traveled the
distance to become Thakurs from Thekeydars in not too big a chunk of time!

972

So much so that from being a kingmaker, he actually wants to become king!


Lack of education being the least hurdle!
The mould that we made of heroes in journalism too is melting in
front of our very eyes. Most of the anchors on electronic media, who each
tried to outdo the others in their Hardtalk style a la Tim Sebastian, need to
clear their names from the dubious list being circulated. The authenticity is
yet to be verified, but the list in circulation has the names of most of our
prominent talk show hosts and how they have received hefty sums of money
and plots and gifts from Malik Riaz of Bahria Town. Self-correction is the
route to be taken to get out of this mess. A song that comes to mind is the
one about a girl asking her beau to help in searching for her beautiful
earring, which has fallen. Our version would be as follows: Dhoondo
dhoondo rai media, Bherron mai bherr jo hai kaala! (Tallat Azim,
TheNation 16th June)
Assault on the judiciary and media: Five significant developments
hit last Fridays newspapers. Each of these will cast shadows, in the days
and weeks to come, over how the country will steer itself out of the various
crises facing it First the Supreme Court judgment on the Arsalan-Malik
sensational case. The matter has been handed over to the government and
specifically to the Attorney General. The court particularly mentioned the
laws under which the three people named would be tried, that would include
Section 163 (illegal gratification using personal influence over a public
servant), Section 383 (extortion), and Section 415 and 420 (cheating) of the
Pakistan Penal Code, and Section 9 of the National Accountability Bureau.
One may well wonder how the present Attorney General will be
handling the matter. His behaviour in the court, casting aspersions on the
Supreme Court judges, has already evoked strong protests and condemnation
from various groups of lawyers. It may also be mentioned that, according to
a leading newspaper, he is said to have told reporters that the first option
might be asking Arsalan and Malik to go for a settlement themselves or enter
into a plea bargain by paying the money back under the NRO or a formal
corruption reference be moved. In other words, a way might be found to
quietly get the case settled or have it closed possibly in accordance with the
wishes of the bosses overseeing the matter. (The worst scenario would be
somehow to indirectly drag the Chief Justice into the case in his capacity as
a father).
The court recognizes the historic importance of the case and how it
might affect the working of the higher judiciary in the future. This is how the
973

judges put it: Today, we as a nation stand at what is undeniably a fateful


crossroads in our historyif we fail in this (our) duty, we risk returning to
the period before March 9, 2007 The matter of public importance in this
case was the aspersion cast on the independence and integrity of the superior
judiciary in this country To put it simply, even a resourceful person such
as Malik Riaz has been forced to concede failure in his attempt to
compromise the integrity and independence of the countrys superior
judiciary despite the alleged payment of Rs340 million.
Now a word about the media. One has to recall how the story was
broken by the editor of a leading group of newspapers through the social
media (Facebook); and how suddenly all over Pakistan, the TV channels and
newspapers were abuzz with all sorts of revelations, including senior TV
anchors and journalists having had meetings with the real estate tycoon and
with talk shows making bizarre disclosures and sensational inferences.
While the hands-on and prompt taking up of the suo motu case by the
CJ pre-empted a possible plan to damage and disable the higher judiciary,
the master operator went ahead with the ready cooperation of the media to
spill the beans, thickening the plot. Two of his bold initiatives pertain to his
unexpected press conference after his appearance before the Supreme Court
when with the Holy Quran in his hand he hurled loaded questions at the
Chief Justice and his repeated appearances at TV talk shows. The Supreme
Court has taken notice of these shenanigans on his part and, in particular, of
the insinuations during his talk to the journalists; it is presently questioning
him on the charge of contempt of court. His participation in the talk show at
a private channel has attracted a lot of attention where two anchors appeared
to have acted in a somewhat dubious manner. Caught by the camera during
breaks, they at times appeared to be in cahoots with the billionaire, while the
show was allowed to go on for two hours. Rightly has the Supreme Court
remarked: Without proper care and professional excellence even sincere
and honest journalists risk being used as tools in the hands of those who may
not be obedient to the laws and the Constitution of Pakistan.
It is worth taking note of the fact that the two national institutions
the judiciary and the media which in these days of gloom and doom (rank
incompetence and rampant corruption) had emerged as saviours and beacons
of light for the hapless people of a benighted country, had suddenly been
assaulted by a fabulously rich property dealer, who has been known as a
master operator and has a record for effective use of close contacts and
influence to gain favours and negotiate all kinds of deals. Through an
ingenious scheme both the independent judiciary and the media were to be
974

roped in scandalous turn of events. The CJs quick and timely initiative has,
to a considerable extent, neutralized the attack. But considering the thinking
and design of the power wielders in Islamabad, it cannot be said that the
attempt to discredit the media has totally failed. Indeed, it has dented its fair
name and fame. With the blessings of the lawyers and the right-minded
political parties, our wide awake and peoples welfare-oriented higher
judiciary will, hopefully, emerge stronger, more alert to the machinations of
evil-doers and keep upholding its integrity and independence of the country
as envisaged by the Constitution.
They are up against a political coalition, which, taking advantage of
the noisy protestations of the PML-N on Thursday, rushed though a
resolution that lays down that the Speakers ruling on the Supreme Court
judgment against the Prime Minister is a part of the Majlis-e-Shoora
(Parliament) and, therefore, cannot be questioned. Let us see how the issue
pending before the Supreme Court will be addressed (Inayatullah,
TheNation 16th June)
Sound judgment: On Thursday, the two member bench of the
Supreme Court delivered a short order in the high-profile case involving
Malik Riaz, arguably the countrys most controversial and unquestionably its
most influential power broker, and Arsalan Iftikhar, son of the iconic chief
justice of Pakistan. The order directed Attorney General Irfan Qadir to
handle the controversy surrounding charges of a Rs340 bribe from the
business tycoon to the chief justices son and said, It is our expectation that
he [AG] will set the state machinery in motion so that all those who may
have committed any illegal acts including Malik Riaz, his son-in-law
Salman Ahmed Khan and Dr Arsalan Iftikhar are pursued and brought to
book with the full force and rigours of the law.
The sensitive nature of the case notwithstanding, the court has
subjected the matter to the normal course of law, views about which are
bound to differ. Since the SC is not an investigating authority and as the
matter pertains to two individuals, it is was the right thing to do. It can be
argued that had the court accepted the plea of Malik Riazs lawyer to
constitute a special judicial commission to conduct a probe, there would
have been more controversy and the courts detractors would have accused it
of maneuvering investigations as well as the ultimate outcome to favour
the CJs son. There was already talk that if the matter stayed with the SC, the
judges on the bench would be under inadvertent pressure simply by the fact
of hearing the case.

975

By subjecting the CJs son to investigations carried out by


government-controlled investigation agencies, the court has thus sent a clear
message that it does not seek any privileged verdict for a privileged son.
This is unlike the government that has persistently displayed an unsavoury
tendency to register lack of faith in the apex judiciary. We hope that fair and
impartial investigations will now follow and the guilty will be made to pay
their just and legal dues. It is also hoped that the governments biases will
not sully the investigations and, indeed, that those in power will take the
matter to its logical conclusion. What is now clear is that a deep conspiracy
has been at work to malign the chief justice and the top judiciary to force the
CJP out of office. It may now have been thwarted to a great degree. Indeed,
the outcome of this case will be the litmus test of the Supreme Courts
resolve to spread accountability to even the most holiest sanctums of power
in Pakistan. The case will also serve as a warning for the powerful and their
progeny. The additional note of Justice Khilji captures the essence of it all:
Although family members of public functionaries are not performing state
functions, the alleged facts of this case highlight the necessity of extreme
caution and discretion in their private and public dealings and conduct.
Could there be better advice for the lands high and mighty and their
privileged first sons and daughters? (Editorial, The News 16th June)
Media integrity: It would be interesting to count up how many
major news stories in recent years have broken as a result of video footage
taped and then leaked to the media. However, the video that has appeared on
YouTube featuring Malik Riaz in an interview staged by a private TV
channel may have shaken peoples faith in the workings of the media like
nothing else. We have got a behind-the-scenes glimpse of how the great and
the not-so-good manipulate media agendas; and how self-same
independent media persons are happy to be complicit in off-air
manipulation. The entire talk show was planted, apparently in yet another
attempt to defame the chief justice of Pakistan, with links between Malik
Riaz the prime ministers son Ali Qadir Gilani and the hosts of the
programme clearly established by the leaked footage.
The entire episode makes a mockery of the concept of a free and
independent media going about its business without fear or favour. Leaving
aside the blatant pursuit of self-interest by all of those involved in the
production, what came across strongly was the lack of professional integrity
on the part of the journalists involved, their willingness to be complicit in
what amounts to a deception of the audience by allowing planted questions
and the porosity of the format in general. By Friday afternoon this
976

unsavoury episode was claiming heads. The director of current affairs of the
channel under question was said to have resigned in protest at
unprofessional practices, and one of the two anchors was also said to have
tendered resignation. To paraphrase an indelicate saying the solids have hit
the ventilation and the body-count may be expected to increase. We have
questions to ask. In the first place, why should journalists who demand
respect for themselves and lay claims to integrity have this kind of contact
with those who can and do influence them through various means. If they
genuinely wish to protect their reputation they should stay well away. A
battle has now begun among journalists with accusations and sometimes
abuse used as weapons to blame others and save oneself, while public faith
in the media and some channels stands badly affected.
But we must look deeper than this. While the issue of the medias role
and all that happened is significant, what is even more important is that we
may now have evidence of a conspiracy to damage the chief justice and to
possibly force him out of his post. The leaked video has exposed a plot
hatched in the higher echelons of power. The truth has been laid out, in all its
ugliness for everyone to see and the government has in fact suffered far
more damage than the court. A full Supreme Court meeting has taken strong
notice of the programme and the leaked footage, held that the show amounts
to contempt of court and asked Pemra what it is doing in this regard. Where
the government stands in all this is clear in what the information minister
has been doing; he tried first while speaking at a Geo talk show to reduce
the whole episode to rivalries between anchors and posing to keep his
distance, and then spoke later in the day to one of the hosts of the planted
show, supporting her lame justifications. He was not being very careful
about the distance he had been so fond of keeping only hours ago. But the
question, once again, is: how big is the attempt to bring down a judiciary
that has time and again proved its mettle? Are shadows other than Malik
Riaz lurking in the dark, waiting to jump into the limelight on their turns?
We still do not know. But the book of hidden secrets may just have begun to
open. (Editorial, The News 16th June)
The perfect storm: The conspiracy narrative is appealing. Pakistans
makeshift accountability system comprises the media and the judiciary. The
media brings into public focus stories of corruption of the ruling elite and
the court takes suo motu notice, orders inquiries, stipulates timeframes,
assumes supervisory responsibility and produces legal consequences for
illegal conduct.

977

Take away the role of the media and the Supreme Court and the
plunder of state largesse would be a no-holds-barred affair. As the power of
the judiciary and even the media is largely rooted in probity and credibility,
take that away and the distinction between those being judged and those
doing the judging vanishes into thin air. And hence the Riaz Malik expos
that maligns the judges and the journalists by dragging them into the
cesspool he lords over.
All this is fine. But what is the one factor outside the control of
someone like Malik Riaz that makes such grand conspiracy work? Free will?
Could he contrive moral failings or defects amongst the righteous that he
could later expose? Even if we assume that the evil Malik meticulously
laid out a trap for unsuspecting decent folk (theres much talk of entrapment
these days) was he holding a gun to their heads forcing them to take a dip in
the cesspool?
Can it be that we are all mad at Malik Riaz because he has shown us
the mirror and our reality makes us nauseous? Is he lying through his teeth
when he says money makes the mare go? Is he maligning the judiciary if he
suggests that our justice system is corrupt? If we didnt name names,
wouldnt we all agree that graft is firmly entrenched in the media business?
Can there be a simpler, non-conspiratorial explanation for Malik
Riazs actions? Lets consider this. Here is a man who has mastered the art
of using money to make things happen. He has accumulated a heap of
money and created a spoils system outside the structure of the state for the
benefit of all segments of the power elite. He believes everyone wants a
piece of the forbidden fruit.
He is not greedy and is willing to share the boodle with everyone who
has power. He believes he is not wicked for in an otherwise dysfunctional
state he is delivering value as a developer and paying his dues to the society
through charity programmes. So why expose and jeopardize the publicprivate partnership that has been working so well?
Could it be a combination of fear and anger? Malik Riaz got afraid
when his son was booked for murder in the car-racing incident. He felt his
son was being unfairly implicated. There were other cases picked up by the
Supreme Court in suo motu jurisdiction that took the long arm of criminal
law to the person of Malik Riaz. For once he found himself at the wrong end
of the system. He instinctively tried to buy his way out of the mess. As the
crucial matters were before Court One in the SC, no one lesser than the CJ
himself could help. He engaged the CJs son. The son happily accepted the
978

largesse lavished upon him but did not deliver. This provoked anger.
Pakistan was a sordid place, but so sordid that there was no honour left
amongst thieves either?
And Arsalan Iftikhar alone did not arouse the anger. What was the
point of years of sharing and caring if in his hour of need no one was able
to shield him? As time passed, the SC continued with its proceedings and
Arsalan Iftikhar with his merry-making on borrowed money, the frustration
mounted. The code of conduct in the dark world was clear enough. If you
take money, you get the job done. If you cant, you return the money and
apologize. If you do neither, youre not a freeloader but a blackmailer. And
so Malik Riaz went postal. If he was going down, he certainly wasnt going
down alone. Could the government, the establishment, stop him? Maybe.
But here came the congruence of interest. Who in the power elite wouldnt
benefit from a shamed and subdued Supreme Court?
The challenge of reforming our state and society is Herculean. But let
he who has not sinned cast the first stone is what Malik Riaz seems to be
saying. And the argument has resonance. Arsalan Iftikhar doesnt preside
over a court. By establishing through documentary evidence that Arsalan did
actually accept monetary benefits and by alleging that the money was
accepted in the Supreme Courts name in order to influence the outcome of
judicial proceedings, it is the integrity, independence and credibility of the
SC that has been impugned. The charge leveled by Malik Riaz never was
that the exercise of authority by the SC or the CJ had been influenced by
illegal gratification. That was not the main cause of concern in public mind.
The charge was that the CJs son had made a promise (in the name of
the SC) in return for consideration and had failed to deliver. Consequently
the questions and doubts in the public mind were threefold: One, did the
CJs son accept money and benefits from Malik Riaz? Two, if so, was the
receipt of money the outcome of genuine business dealings between private
persons?
And three, if the CJs son accepted money by creating an impression
that he could get someone relief from the SC, would the SC prosecute him
with the same fervour and rigor that it unleashes on those implicated in
lesser corruption scandals? In not recognizing and addressing these
questions and concerns in the Arsalan Iftikhar-Malik Riaz case, the Supreme
Court has seriously erred.
The three failings evident in the Supreme Court ruling are these. One,
the assertion that the court usually refrains from exercising its inquisitorial
979

powers under Article 184(3) isnt backed by the courts record in the many
corruption cases it has handled recently. When it assumes supervisory
jurisdiction and issues categorical directions and timeframes for inquiries in
other scandals, why leave this matter to the attorney general? Application of
restraint in one case and activism in others without any significant
distinction in the subject matter raises the question of whether the court is
applying double standards.
Two, the court celebrates the role of the media when it highlights
scandals implicating executive officeholders, but issues a sermon when the
media acts as a whistleblower in a graft case involving the CJs son. There is
no denying that the media needs its own code of ethics, but a case involving
the alleged impropriety of the CJs son might not have been an opportune
time to drive home the point. Additionally, here the media did not allege any
facts that are untrue. So having stumbled on an embarrassing story regarding
the CJs son, should it have simply shoved it under the carpet in the larger
national interest?
And finally, to assert that the concerns in public mind stand addressed
because Malik Riaz has submitted in writing that court verdicts werent
affected by his bribes is to miss the point completely. This man sits on
national TV for two hours and continues to hurl accusations at the CJ and his
son and the honourable court asserts the very next day in a detailed
judgment that the matter now rests. Such navet lends credence to SC
detractors who allege that we are living in an era of selective justice.
In its handling of the Arsalan Iftikhar case the Supreme Court might
have squandered a vital opportunity to salvage its reputation as a neutral
arbiter of the law. Now if Malik Riaz is punished it will be called a vendetta.
And if he is let off, itll be seen as a deal. Welcome to Orwells Pakis-farm:
all animals are equal, but some animals are more equal than others. (Babar
Sattar, The News 16th June)
A state under siege: This government is evidently out to drown all
that stands in its way of loot and plunder in a deluge of corruption. Nothing
is sacred to them. Nothing is too holy to sacrifice to attain their unholy
objectives. They have already neutered, if not destroyed, the National
Accountability Bureau to facilitate the scramble of looting the state that we
see. Not a single functionary of state has been prosecuted, let alone
punished, for corruption during the tenure of the present government despite
its hard-earned reputation for being the most corrupt in Pakistans history.

980

The other thorn in the governments side, the judiciary, is turning out
to be a more difficult nut to crack. But through its callous disregard and
disobedience of a number of Supreme Court rulings and promoting and
elevating to high posts those who fall foul of the court, not to mention
pardoning of their prison sentences, this government has spared no effort to
undermine it and render it ineffective. Contempt of court is committed with
impunity and the penalty imposed for it by the court is side-stepped through
extra-constitutional exegeses.
And now questions are being raised whether this whole Arsalan
Chaudhry corruption scandal was a trap laid to ensnare his father, the chief
justice. It is an age-old ploy to discredit the man when you fail to discredit
his ideas. When Caesar proves to be above suspicion, sling mud at Caesars
wife in the hope that some of it sticks to Caesar as well.
The governments shameful defiance of the judiciary has produced the
entirely predictable effect of fostering the same impulses in others. Malik
Riaz sat before a national audience in his press conference and declared that
he does not recognize the Supreme Court which, according to him, was
operating under Arsalan Chaudhrys influence, implicitly accusing the entire
apex court of corruption. He further boasted that he was not afraid of
contempt of court proceedings and was ready to go to jail. He appeared to be
quoting Gilani.
Then on June 16 the attorney generals shameful conduct before a
bench of the Supreme Court headed by the chief justice, in the case of the
speakers ruling on Gilanis disqualification in light of his contempt of court
conviction The speakers ruling on Gilanis disqualification reference was
a blatant instance of flouting the law and Constitution. Article 63(2) of the
Constitution makes is abundantly clear that the speaker shall (not may,
but shall) send a reference to the CEC regarding the disqualification of a
member of the National Assembly within thirty days if he is hit by any of the
provisions of Article 63(1). It further provides that if the speaker fails to
send the reference within thirty days, the reference will be deemed to have
been sent to the CEC. This does, in fact, reduce the role of the speaker to
that of a post office as it leaves no room for the speaker to apply his/her
mind or exercise any discretion.
If the Constitution were to provide some room for maneuvering for
the speaker to apply his/her mind or use discretion, the provision about the
reference being deemed to be with the CEC after thirty days would not have
been included since then the speaker would have the power to kill the issue.
981

But according to the provisions of the Constitution as they now stand, the
buck stops not with the speaker but with the CEC because the Article 63(2)
vests the power to decide whether a member has become disqualified or not
only with the CEC. The government is grasping at invented straws and using
parliament as a pawn in its power game regardless of the damage it might
sustain in the process.
The putsch against the judiciary is at its peak and even some former
white knights on white steeds have chosen to don the robes of dark lords for
this round. But these hostilities against the courts are only one facet of the
greater war against the state. A deliberate, concerted effort appears to be
afoot to dismantle the institutions of state that serve as its foundations
without which it cannot survive. The purposes and interests of this
government are evidently at odds with national and public interests. They
are treating the country like a sinking ship and, instead of rescuing it, seem
keen to loot it as it flounders. And they are certainly not alone in this. They
operate under the sheltering aegis of their foreign masters who brought them
to power and sustain them in power against all odds and at a back breaking
cost to Pakistan and Pakistanis. It matters not that people are committing
suicides at record rates out of desperation and are forced to sell their children
to survive while a daily expenditure of two million rupees is sanctioned in
the budget for the Prime Ministerial and Presidential palaces.
It matters not that at a time when the country was drowning in the
worst floods in a century, the president was vacationing at his French
chateau Make no mistake about it; the war being waged in the Supreme
Court is a war for our national survival. As a nation and a country, we will
sink or swim as does our judiciary. The judiciary stands as our last bastion of
hope against the rising tide of malaise and evil. It is the only state institution
fulfilling its role of defending and protecting all that is worth defending and
protecting. If the judiciary is allowed to sink, the war is lost. The country
will stand defenseless against the winds that will then blow. This cannot be
allowed to happen.
But it is sad that the judiciary is alone in fighting the war for our
survival. At this lowest ebb in our history, when the soil we live off calls out
to us to act in its defence from destructive forces, we the people remain
silent idle spectators even though we stand to lose the most. If the current
trajectory of events plays out to its logical conclusion and the worse case
scenario comes to pass, the fat cats have their French chateaus to retire to.
What will become of the rest of the nation? The time for positive action is
now to save Pakistan from the clutches of those who seem hell-bent on
982

obliterating it. Raising a hue and cry from the sidelines or shedding tears
over spilt milk after the event serves no purpose. (Ameer Bhutto, The News
16th June)
Has the opportunity to reach the real conspiracy been lost? To
start with, in this case there was no complainant, no defendant, not even an
FIR, yet the CJ took suo moto action. May be, in his perception, the action
was justified as judiciarys image was at stake. The bench has, however, now
ruled that reputation of judiciary stood cleared by just Malik Riazs
statement, notwithstanding what Malik Riaz said in the press conference and
the fact that a number of black coats are out on the streets to show solidarity
with the CJ.
It seems that the bench has hurriedly drawn this conclusion to pass on
the bucket as it did not want to tackle the major issues stemming from this
case allegations against Arsalan, conspiracy to tarnish judiciarys image
and exposure of Malik Riazs beneficiaries.
It is now a matter of record that within a span of few years, Arsalan
Iftikhars business, whatever it is, has expanded at unprecedented pace. The
allegations by Malik Riaz are also substantiated by written documents
(though not of entire amount). However, the case has been handed over to
the government for further investigations which itself is facing numerous
charges and prone to blackmail and compromise.
The trust reposed in the government investigation agencies in this case
is, to say the least, intriguing. All indicators are that Malik Riaz could not
have done it alone and, complicity of the government, due to numerous
reasons, could not be ruled out.
Now that the case has been handed over to the AG, part of the
government, any possibility of investigation into a conspiracy to tarnish the
image of judiciary has been closed.
Besides, being very close to the ruling elite, a manifestation of which
we saw in the protocol given to him, it is unlikely that Malik Riaz would be
probed about those obliged by him with bribes and other benefits.
As such, by referring the case to AG, the matter is practically closed
or, should we say, hushed up, especially with regard to conspiracy and Malik
Riazs beneficiaries. Judiciary has lost an opportunity to consolidate their
hard-won independence. Probably the price, this time, was too high, higher
than the blood and toil of many who struggled for the independence of
judiciary. (Maj Gen (retd) Tahir Alim, The News 17th June)
983

Plot thickens: From Arsalangate to Bahriagate and now to


Mediagate the plot of the Malik Riaz-Arsalan Chaudhry scandal continues
to thicken, adding more likely and unlikely characters to the developing
story. In a latest development, the full court meeting this Friday reviewed
the ongoing saga and decided that it seemed from the interview of real estate
tycoon, Malik Riaz, aired on a private TV channel, that a pre-planned
conspiracy had been launched to scandalize the court and bring the judges
into hatred, ridicule and contempt. It is clear that questions were deliberately
asked and answers furnished that would shake public faith and confidence in
the administration of justice and undermine the dignity of the court. The
court has asked the Pemra chief to explain what exactly the purpose of
having a regulatory authority is when contemptuous and scandalous material
against the judiciary gets prominent coverage on major TV channels. A twojudge committee will now await Pemras report on the matter before
recommending further course of action.
The media, it seems, is now neck-deep in a scandal that initially
involved the alleged nefarious activities of a business tycoon and a son of
privilege. Now, the saga is unfolding such that it has also revealed in full
how some journalists instead of being reporters of or commentators on a
story can become the story themselves and how their faade of neutrality
can be shredded a reflection of the overall rot afflicting almost all
institutions in this country. So what is the way forward? As far as the media
is concerned, the onus of cleaning the screens lies solely on the shoulders of
top management and owners. Professionalism and personal integrity must be
the minimum requirements for journalists, whether in print or electronic
media. The fine line between news and showbiz stands smudged and must
be redrawn. The latest episode of a planted interview has put a big question
mark on the integrity of the media, and can only be removed through an
individual and institutional push for self-correction. In this vein, The Jang
Groups petition before the SC asking for across-the-board accountability of
the media is commendable and must not be made a victim of traditional
business rivalries. This is not about a particular channel, anchor or media
group but about the larger cleansing and credibility of the media in
Pakistan. (Editorial, The News 17th June)
The CJ: The moneyed class, the political class and the uniformed
class have long considered themselves above the law of the land. On April
10, 1973, some 39-year ago, a PPP government gave us our first consensusbased constitution that envisages trichotomy of powers in order to assure

984

checks and balances between and among the executive, the judiciary and
parliament.
Up until three years ago, our Malik Riazs, Gilanis and Musharrafs had
no de facto constitutional checks over them. Our entire societal makeup,
including the judiciary and the political system, was geared towards
achieving just one objective to further enrich the moneyed class and the
political class all at the expense of the masses. The 1973 Constitution had
aimed at creating a contractual state based on a social contract between the
voters and the leaders. For 36 long years, after the supreme law of the land
was enacted, we have been more of a predatory state than a contractual
Just look at the five typical characteristics of a predatory state. One:
rewards of political power are higher than anywhere else on the face of the
planet. Two: theres massive underinvestment in human capital. Three: there
is massive underinvestment in infrastructure. Four: tax policy is for the
rulers. Five: there is widespread rationalization of theft. The predatory
Pakistani state has created a country that has become one of the best places
to live if and only if you are part of the moneyed class, the political class
and the uniformed class.
The predatory Pakistani state has created a country that has become
one of the worst places to live if you are not part of the moneyed class, the
political class or the uniformed class. Over the past three years, the judicial
organ of the predatory state seems to have woken up, longing to tame the
predators. The CJ has come in between the moneyed class and its prey
(RPPs were made to pay back a colossal Rs9.5 billion). The CJ has come in
between the political class and its prey. The CJ has certainly not been careful
in the choice of his enemies. The CJ had friends who had come and gone but
CJs enemies have been accumulating.
Who will tame the predators, kill the sharks? To be certain, the sun,
the moon and the stars would have disappeared long ago had they happened
to be within reach of our predators. (Dr Farrukh Saleem, The News 17 th
June)
Darkness at noon: When I look at myself in the mirror, what do I
see? This week, I sense that the shades of defeat and disillusionment have
deepened. After a lifetime spent in journalism, I feel lost in a wilderness at a
time when the nations horizon is almost lit by the media, particularly the
news channels. And the power of this media has cast its spell on the entire
society.

985

Now, my depressing thoughts have not entirely been instigated by the


sensational release of a video on Thursday in which two hosts of a channel
were caught in conversation with the leading powerbroker during breaks in
an unusual two-hour interview telecast on Wednesday night. It is true that
this Wikileaks-like disclosure has caused a huge media storm, also
prompting an intervention by the Supreme Court and raising questions about
the role and the influence of our talk-show hosts. But the overall situation in
which the media has a central role is also extremely disturbing.
It is against this entire perspective that the media has risen like a
phantom and you begin to wonder what its function and responsibility
should be in these critical times. In fact, the Mediagate scandal was in the
making on Thursday when the Supreme Court delivered its verdict in the suo
motu case involving Dr Arsalan Iftikhar, son of the chief justice. Earlier in
the week, allegations of corruption that were made against Arsalan by real
estate tycoon Malik Riaz had rocked the country.
In its verdict, the court directed the attorney general to set the
machinery of the state in motion so that all those who may have committed
any illegal acts, including Malik Riaz, his son-in-law Salman Ahmed Khan
and Dr Arsalan Iftikhar, are pursued and brought to book with full force and
rigours of the law. Since the media had played a role in highlighting this
sordid affair, the verdict by the two-member bench also had some remarks
about the media.
The short order said: It is worth remembering that ultimately every
person and every institution is the custodian of his/its own reputation and
integrity. If we dont guard our reputation the honourable people of Pakistan
will be justified in pointing fingers at us. The same applies to all other
institutions, including the media.
Obviously, this observation was penned without the knowledge of
what was to explode later. At about the same time that the verdict was
announced, the social media was abuzz with the leaked video. By the
evening, the entire country was engulfed in the scandal and the three faces,
those of Malik Riaz, Mobashir Luqman and Mehr Bokhari, were repeatedly
flickering on all channels.
Here was evidence for all viewers of television that some channels
and some talk-show hosts stars in what has become a soap opera were
not averse to playing a dirty game and presenting a prearranged discourse.
That something like this could be planted at such a level surely cast a
shadow across the media in the context of its integrity and objectivity.
986

Combined with allegations that a number of prominent anchors and hosts


had been bribed by the tycoon, himself deserving of a biopic, this revelation
was seen as an indictment of the media and the waywardness of its lead
players.
It is interesting that those who are believed to be receiving obscenely
high wages are the ones who are alleged to have accepted favours from the
likes of Malik Riaz. Some hosts of talk-shows have also acquired a lot of
clout with politicians and powerbrokers and occasionally they cross the line
by acting as mediators in political disputes or disagreements. With all this,
their capacity to conduct a rational debate in a cogent manner remains in
doubt. What goes to their credit is that they do provide good theatre when
participants in their show lapse into verbal duels.
Coming back to this anguish that I have suffered as a professional
journalist, I have to concede that the media in its entirety is not necessarily
playing a negative role. However, some of its dominant features should be a
source of grave concern Our collective behaviour is deprived of the core
values that sustain a civilized community. Look at how corruption has
seeped into our lives and people in high places who indulge in it have no
shame. It is in this context that the Malik Riaz-Arsalan Iftikhar episode or,
in a larger context, the entire saga of Malik Riaz undermines our trust in
the system.
So, what has been the role of the media in interpreting the crisis of
Pakistan and suggesting a national sense of direction? I look back at my own
lifes journey and feel that we, the professionals in the media, have not been
able to play any decisive role in the medias otherwise revolutionary
developments. Perhaps we were not suited to the task.
In that case, the burden falls on the stars that now dazzle across the
media scene and on the media barons who ultimately possess the power that
the media is believed to exercise. The silver lining is that it is also the media
that can expose corruption within its own ranks. The Guardian has done a
great job in its probe into the Murdoch empire and on the day when Pakistan
was breathless with excitement over the leaked video, Prime Minister David
Cameron had testified under oath at the Leveson Inquiry into media ethics in
London.
It has been argued that the focus on the media and its corruption is an
opportunity for the media practitioners to do some serious soul-searching
and present themselves for accountability. We have to wait and see if the
two-judge panel that was set up by the full court meeting of the Supreme
987

Court on Friday will find that the leaked video constituted contempt of
court. More important will be the medias own judgment in a brutal selfanalysis. (Ghazi Salahuddin, The News 17th June)
Dons of democracy: Last week, in his capacity as the President of
Pakistan, Asif Zardari pardoned a personal guard of Malik Riaz, a convicted
murderer who had confessed his crime before a lower court and was
awarded 33 years of rigorous imprisonment for it. Zardari used the
Presidents power to have mercy on the man, while his appeal is still
pending before the High Court. Meanwhile, his friend and the employer of
the murderer was busy leveling very serious allegations against the Supreme
Court, a vital institution of the state that the President is supposed to protect.
A few days later, the Attorney General shocked the nation with his
vulgar and contemptuous conduct before the apex court bench hearing the
Prime Ministers disqualification case. And around the same time, a
courageous whistleblower unmasked the revolting nexus between the
unscrupulous billionaire, his friends in government and those promoting him
in the media. Last week was a wake-up call for every citizen of Pakistan
who believes in the rule of law, rather than the rule of a ruthless and greedy
mafia hiding behind the jargon of democracy.
One thing is clear: the Zardari-led so-called democratic dispensation
is willing to go to any extent to retain its grasp on power and to protect the
orgy of corruption under its dirty wings. Even as it hypocritically mouths
respect for the independent judiciary, its undeclared but obvious policy has
been to undermine and subvert the institution, and last weeks developments
highlight their desperation and the criminal level to which these champions
of democracy are willing to stoop down to in order to achieve their
dictatorial goals. We now know that their onslaught against the independent
judiciary is not restricted to clever theorizing about the supremacy of
Parliament and the domain of executive authority or the devious
interpretations of court decisions and the Constitution. The plans they hatch
are more like the machinations of a wily wadera than the strategy of a
democratic government. And this is the basic problem.
The independent judiciary has been doing its duty to check the abuse
of power and rampant corruption of the so-called democratic dispensation,
and as is expected of the institutions of the state, it has done so within the
confines of the Constitution. In fact, regardless of what tainted individuals
like Asma Jehangir or Aitzaz Ahsan say, there is near consensus among legal
experts that the Supreme Court has shown judicial restraint in its attempt to
988

bring the erring government to the book. The courts leniency while dealing
with the government has been viewed by observers as a reflection of the
judiciarys interest in not completely demolishing the stinking house of
democracy and as an attempt by the honourable judges to provide the
government with the opportunity to clean up its act. Many now feel that the
apex court needs to end this policy of restraint and accommodation. That
might not be easy.
As custodians of the Constitution, the honourable judges have to
perform their duties strictly according to the book. Even in extremely
extraordinary situations like the one we are faced with these days, the courts
must follow the Constitution, and go by the rules governing their institution.
In their endeavour to uphold the rule of law, they cannot be seen to be acting
arbitrarily and in violation of the judicial process. This strict adherence to
the Constitution and the judicial process is viewed by the gangster
government as a weakness and it would like to take maximum advantage of
the constitutional constraints within which the apex court has wisely
confined itself. Still, given the complete disregard of the Constitution and
democratic niceties by the government, the legal experts are of the opinion
that the Supreme Court should be more strict while dealing with the
government. They feel the honourable judges could do that without breaking
any rules or exceeding their constitutional mandate. After all, a hardened
criminal, who refuses to repent and mend his ways, deserves no mercy.
At the same time, even if the Supreme Court decides to give up its
policy of judicial restraint when it comes to dealing with the government,
that might not be enough to check the mafia-like shenanigans of those ruling
the roost today, dons who recognize no laws, sense of propriety or civilized
behaviour expected of an elected government. The nation cannot expect 17
men in robes to control the criminal gang, especially when it is dependent on
the same criminal gang to implement its orders. Given the governments past
performance and shrewd antics to frustrate the court rulings, the citizens of
Pakistan will have to play a more active role. We cannot stand on the side as
onlookers, waiting for the next round between a lawless, ruthless and corrupt
mafia posing as our government and a principled judiciary trying to bring
some sanity to how our country is governed.
Fortunately, things are moving in that direction. The scattered support
for an upright and pro-people judiciary hounded and targeted by a corrupt
and anti-people government, is coming together. Awakened by the
governments open declaration of war against the Supreme Court and its
decision to resort to mafia tactics, bars across the country have come to the
989

defence of their institution. Other professional bodies are also stirring. Civil
society groups that had gone into a slumber are beginning to articulate the
feelings of Pakistani citizens, who view the Supreme Court as a ray of hope
that could shatter the corrupt darkness of those in power. Most importantly,
two important political parties have taken a categorical stand in support of
the Supreme Court. The main opposition party in Parliament, the PML-N,
and the PTI tsunami have put their weight behind the Supreme Court.
The role of the independent media becomes extremely important in
this crucial phase of our history. Those responsible for informing the citizens
and moulding opinion have a clear choice. They could perform their duties
in public interest without fear or favour, understanding their function as a
watchdog against excesses of those in power. Or they could join the perverse
power club, hobnobbing with and speaking for power, taking their readers
and viewers for a ride. In times of crisis for the readers and viewers, it is not
very difficult to tell the difference. (Jalees Hazir, The Nation17th June)
Dr Arsalan admits he engaged intelligence official to get payment:
Where were the innumerable intelligence agencies, including the allinfluential ISI and IB, when the junior VVIPs like Dr Arsalan Iftikhar were
allegedly getting involved in corruption?
This exposes the failure of intelligence agencies to timely warn the
authorities concerned, and in this case Chief Justice Iftikhar Muhammad
Chaudhry, about the alleged shady activities and wheeling-dealings of his
son Arsalan Iftikhar.
Pakistan has several spy agencies, including the Inter-Services
Intelligence, Intelligence Bureau, Military Intelligence, Special Branch,
Crime Intelligence Department, Federal Investigation Agency and some
others, but why none of them reported the matter to the chief justice.
If any such report was submitted to the federal government, then why
was such a report not shared with the chief justice, who was actually the
main target? On the contrary, some officials of intelligence agencies are
accused of having been involved in the episode as an alleged video showing
Arsalan receiving cash was prepared by them. How does the Bahria Towns
top management know about this video, but not the chief justice? The
question arises: was it a trap?
Although, the authorities concerned had categorically denied this and
insisted that no such activity took place, the Bahria Towns top management
in their recent background interaction has shared this information with some
journalists. Dr Arsalan Iftikhar did confirm to this correspondent that an
990

intelligence official was engaged to get him, what he insisted was, a legal
cash payment.
If it was a legal payment, then why a video was made and that too
allegedly by some intelligence officials and then shared with the Bahria
Town management? A powerful cabinet member of the Gilani regime is also
said to be holding some stuff prepared by the intelligence agencies, but it too
raises questions about the role of security agencies.
Senior Geo anchorperson Hamid Mir is on the record to have said he
was told by Malik Riaz that Adviser to PM on Interior Rehman Malik
possesses the videos made by some of the intelligence agencies. However,
Hamid Mir said when he cross-checked this from the interior adviser, he
categorically denied this. The adviser later also told the media persons that
he neither had any such videos nor had anything to do with the episode.
About the role of intelligence agencies, it is now being asked why
none of the intelligence agencies had forewarned the chief justice or any
other authority about the episode. Do these agencies only prepare scandals to
blackmail those at the helm of affairs as and when it suits them or should
they help the key public office holders by timely intimating them if any of
their near and dear one is exploiting their position, one wonders.
Such a timely warning can serve the purpose but preparing files
containing negative material against politicians, judges and others is a
destructive activity and is tantamount to wastage of intelligence skills, which
are direly required to be focused on Pakistans enemies
Denials apart, this is high time for the government, intelligence
agencies and the military establishment to leave security agencies to perform
their prime responsibility and ensure that these are not used to blackmail and
harass the likes of chief justice, but to support them by providing timely
information, if any. (Ansar Abbasi, The News 18th June)

Recessing economy
A sad affair: The present government presented its fifth and final
budget in a politically charged environment Is the budget 2012-13
prepared to address the multi-dimensional economic challenges facing the
economy? Before we answer this, it is pertinent to list economic challenges
facing the country. The first and foremost challenge we face today is the
sharp decline in investment to 12.5 percent of GDP the lowest in six
decades, in 2011-12 from as high as 22.5 percent in 2007 a loss of 10
percentage point in five years. Has the budget taken measures to revive the
991

investors confidence and create conducive environment for its acceleration?


The answer is a big NO.
Investment is critical to growth... A sharp decline in investment is
associated with slowing economic growth Slower economic growth is
bound to create lesser jobs Rise in unemployment is bound to push more
people below the poverty line. Has the budget 2012-13 taken measures to
reduce poverty? The answer is NO. The Benazir Income Support Program is
not meant to reduce poverty. It only doles out resources to the poor as part
of the social protection strategy. Many questions have been raised about the
transparency of the resources distributed to the intended beneficiary.
Fiscal indiscipline is one of the root causes of Pakistans economic
meltdown. As in the previous four budgets, the present budget did not take
any measures to capture the areas which remained out of the tax net or
remained under-taxed. No measures have been taken to bring agricultural
income under the direct tax net. Doctors, beauty parlours, lawyers, intercity
bus services etc have remained out of the direct tax net. Little or no efforts
have been made to minimize the gap between tax collected and tax deposited
to government accounts (withholding tax). No efforts have been made to
address the weaknesses of the NFC award.
On the expenditure side, no measures have been taken to address the
issues pertaining to the rotten PSEs, circular debt etc. As in the past, revenue
is over projected and expenditure, particularly subsidy, is grossly
understated, which is bound to create large slippages in budget deficit The
energy crisis is another root cause of Pakistans economic meltdown. Budget
2012-13 did not take any credible measure to address it. Raising the
electricity tariff has been the sole policy instrument of the government to
address the issue. This alone has never been a solution and will not be a
solution as we move forward. The energy sector needs reform and the
present budget has failed to take any credible reforms.
Thus, the budget 2012-13 has remained invariant with respect to the
economic challenges facing the country. It is a stand-alone budget with
fragile numbers prepared in a casual manner. The general public and
parliament have lost interest and no one is talking about the budget anymore.
This is a sad affair. (Dr Ashfaque H Khan, The News 12th June)

Provincial disharmony:
A nation in distress: An alien would stand aghast at the
overwhelming misery that the Pakistani nation has to suffer today; the ruling

992

PPP, however, feels absolutely satisfied at having honoured 80 percent of its


election manifesto and there should be no doubt that the remaining 20
percent of the task would be completed in the period left for it to run the
affairs of the state. The people, whose condition has progressively worsened
to a degree where, according to a World Bank report, as many as 7,000 of
them felt that there was no point in continuing to live and committed suicide
during 2008. An impartial Pakistan watcher would be at a loss to figure out
in what respect the standard of living of the common man whom the PPP
claims to represent has improved with the implementation of 80 percent of
its agenda.
But the most striking thing that none of the different parties
mentioned in the preceding paragraph would be able to ignore is the
darkness enveloping the length and breadth of the country. The entire nation
seems to be up in arms in protest at the prolonged electricity, water and gas
load shedding in the scorching heat of June and the inability of the
government to avert the crisis, even though at least the power shortage,
which has largely been responsible for water scarcity as well, had started
rearing its head in an ugly form soon after it took over. Though in domestic
use, one can store water when the taps flow and use it sparingly and adjust
hours of cooking to accord with the gas supply, it is hard to bear the
electricity outages when the heat is oppressive.
Mian Shahbaz Sharifs strong protest at the discriminatory treatment
of Punjab in the supply of power from the national grid has been of no avail;
he pitched a tent at Minar-i-Pakistan and made it his camp office and tied a
black ribbon around his arm to register his outrage but the situation has,
instead, worsened. With the factories closing down, the economy in tatters
and massive job cuts, the peoples anger, especially across the entire
province of Punjab, has busted. They are out on the street, vandalizing
public and private property, not sparing grid stations, burning tyres in the
middle of the road and shouting angry slogans against the government. It is a
wake-up for quickly getting about to set things right. Top priority should go
to sparing Rs20 billion for the power plants lying idle for want of furnace
oil. Then should come planning, both short and long-term, to finally rid the
country of the scourge of shortages. (Editorial, The News 18th June)

Baloch militancy
Summoning the COAS: The Chief Justice of Pakistan, Mr Justice
Iftikhar Chaudhry, has warned that the court could summon the Chief of
Army Staff, Gen Ashfaq Parvez Kayani, to ask him how the country should
993

be run. He was referring to the IG of Frontier Constabulary, Maj-Gen


Ubaidullah Khattak, holding a press conference on the worsening law and
order situation in Balochistan on June 2. The CJ made this observation while
heading a three-member bench of the court hearing the matter pertaining to
the law and order situation and target killings in the province, and proceeded
to order the transcript of the press talk produced on Monday. Again, the
court observed that the FC was held responsible in the majority of cases of
disappearance. It noted that the bodies of three missing persons they had
ordered recovered were thrown on the road.
The Chief Justice also noted that it was not the business of an official
in uniform to hold press conferences, and asked if the IG FC wanted a
confrontation with the court. This prompted him to ask further if this was the
conduct of the IG FC, why he should not summon the COAS. While
apparently pinpointing the IG FC by bringing in the COAS, Chief Justice
Chaudhry may have sent a warning to the civilian government, but his
asking about the role of the constitutional government and his further
comment that the time had come to summon someone with authority
showed his own frustration at the attitude of all executive authorities, which
has been to attempt to deny any connection with, leave alone responsibility
for, the situation in Balochistan.
Chief Justice Chaudhry highlighted an important truth about the
situation in Balochistan, that even the provincial government does not seem
concerned about the increasing lawlessness, let alone the federal government
and its organs. However his question for the COAS is valid and deserves to
be answered. Indeed, if the Prime Minister can personally appear in court, as
can the Chief Justices own son, there is no reason the Army Chief can not
and should not be summoned to explain the situation in Balochistan for the
courts satisfaction. (Editorial, TheNation 13th June)
Fiction versus facts! Pakistan is passing through a phase when,
acceptance-wise, fiction tends to replace facts The issue of missing
persons is getting similar misrepresentation. Disappearance of persons is
certainly a sensitive matter, involving fundamental human rights; coupled
with this are the recurring gory episodes of mutilated corpses. Even a single
missing person or surfacing of a single mutilated dead body is a scar on the
face of the state and the government, inclusive of all its institutions.
Unfortunately, the issue is not being handled in a professional way. Passing
the buck is the name of the game. Had the matter been pursued in a skilled
manner, there would not be so much of gap between the numbers being put
forward by various entities.
994

Due to this attitude of complacency and pathological indifference, the


void is being filled by rumours and anti-Pakistan narratives. By now, there
are many strong interest groups thriving on the sensationalization of such
issues. In the absence of authentic and credible figures, acceptance of fiction
is replacing the acceptance of facts. Nobody is talking about the private
prisons of feudal and tribal chieftains in the interior of Sindh and
Balochistan that, probably, is the vital missing narrative in the case of
missing persons. There have all along been known and secret private jails,
especially in the interior of these two provinces, which may account for a
bulk of the number that remains untraced. Even there are allegations against
the sitting ministers of Balochistan about their involvement in abductions. It
is likely that all missing persons languishing in these private jails, and those
who become victims of the tribal and other feuds, are being conveniently
reported as missing persons and attributed to the highhandedness of the law
enforcement agencies (LAEs). While apportioning the blame, our LAEs and
intelligence agency are to be squarely blamed for letting the things come to
such a pass and not providing the requisite security to the common man on
the street. Moreover, their failure to radiate a public friendly image is a
colossal leadership failure. No wonder, people only believe what all is
negative about them and a lot of good work that they perform does not stick
in the public opinion.
Recent revelations by Justice (retd) Javed Iqbal, the head of the
Judicial Commission for missing persons, during his recent press conference
at the Civil Secretariat Quetta, were quite startling.
It is Sindh and not Balochistan that tops the tragedy with 174 missing
persons. As per his count, 460 is the nationwide number of these unfortunate
missing persons. Further breakdown reveals that: 18 missing persons are
from Islamabad; 117 from Punjab; 174 from Sindh, 170 from Khyber
Pakhtunkhwa; 57 from Balochistan; and 12 each from Fata and AJK. So far,
bodies of 42 missing persons have surfaced in Balochistan. Interestingly, the
commissions report is quite contrary to the common perception. Ironically,
its figures about Balochistan are rather close to the FC standpoint, statistics
and narrative.
Although the issue of missing persons in Balochistan is becoming
increasingly alarming, in all probability, it is being blown out of proportion
and getting larger than life and distorted projection.
The commission is of the view that foreign intelligence outfits are
brewing tensions and trouble in Balochistan, Its report said: Foreign
995

intelligence agencies want to worsen the Balochistan situation in order to


destabilize PakistanThere is concrete evidence of their involvement
There is a baseless propaganda about the number of missing persons.
It further observed that none of the state institutions has precise
statistics about the missing persons. As many as 44 people were recovered
over the past three months through the commissions efforts, Justice Javed
said. Just during the week prior to his press brief, 12 missing persons were
recovered from Balochistan.
Justice Javed revealed that some of the persons presumed to be
missing were in Afghanistan. The list of missing persons compiled by the
commission also contains the names of those living abroad and those who
are involved in terrorism-related cases. Though he did not show
dissatisfaction with the help received from the Balochistan government, he
pointed out that the Chief Minister had sent to the panel a list of 945 missing
persons without their particulars. We sent the list back to the (Home)
Ministry for correction, but it never came back, he maintained.
The case of missing persons in the country has attained greater
prominence due to media hype, which tends to overplay the ordeal of victim
families, while using emotional metaphors and blaming the LEAs for having
arrested, tortured and killed the innocent people. The trend is getting popular
among the internal audience; whereas, the facts remain obscured.
Moreover, some of the terrorists while conducting raids/ambushes are
killed during the action. In many cases, their dead bodies are taken away by
their comrades, who probably bury them quietly at unknown places. The
families are not informed about their deaths, who assume that they are in the
custody of LEAs or intelligence agencies. Likewise, suicide bombers are
labeled as missing persons. Furthermore, proclaimed offenders, who go
underground, are clubbed into this category.
Regarding the future course of action, Justice Iqbal said: We have
been doing our job in Islamabad. We will soon visit interior Balochistan,
including Gwadar, Turbat and Khuzdar. No person will be declared missing
until or unless his/her relatives turn up and show their identity cards or
driving licenses. This is a welcome step, indeed; it would bring sanity to the
process and would discourage misuse of the term missing person.
The commission is, indeed, following a logical approach; and that is
why those thriving on sensationalism doubt its sincerity. Reportedly, the
Voice for Baloch Missing Persons (VFBMP), an organization striving for

996

the safe recovery of missing persons in Balochistan, has stated that the
commission is not sincere in recovering the abducted people in the province.
It is about time that we start believing in facts, rather than fiction. The
leadership has a role to play in it. They may promote fiction and still survive
for some time, but once its time for answer to history, they would certainly
fail! (Khalid Iqbal, The Nation17th June)

REVIEW
The observers and analysts are almost unanimous in inferring that the
hue and cry raised by Malik Riaz about having been blackmailed by the son
of Chief Justice and robbing him of fortunes worth Rs340 million is part of a
conspiracy to catch a judge who has been the most troublesome for the
military and civil rulers in the history of Pakistan.
Before attempting to peel off some layers of the conspiracy it must be
acknowledged and commended that it has been work of a crafty evil genius
about which even the Devil would have felt proud of. Let us begin with
accepting that a conspiracy cannot be hatched overnight; even in this age of
incubators the chick requires sometime to breakout of the egg-shell.
The first thing that has to be selected for the process of hatching to
start is the right hen. The selection of Malik Riaz, the chief hen of Bahria
Town poultry farms was an excellent choice as it had links to all the roosters
around. It also implied pitching a business tycoon (Malik Riaz) against an
icon (Chief Justice).
It is understood as to who masterminded the conspiracy plan: the
Scoundrel lodging in the den known as Presidency in Islamabad. The list of
his and his gangs (PPPs) grievances against the pro-active chief judge of
the apex court is much longer that that of the land-grabber real estate
developer.
The two scoundrels have very intimate relations and have generously
showered favours on each other, plenty of which, not all, have not been
reported by the media. Of late, it has come to the light that Zardari pardoned
the life imprisonment of one of the security guards of Malik Riaz a week
ago. The pardon was granted by short-circuiting the legal process just as it
happened in the case of Rehman Malik; both still had the right of appeal to
exercise.

997

Next question that needs to be answered is to establish when the


decision to hatch a conspiracy was taken. It was taken soon after the
Scoundrel was embarrassed to restore the Chief Justice under pressure. He
could not digest the insult and decided to exact democratic revenge at
appropriate time.
After selection of the hen and deciding the timing of hatching the next
decision related to the selection of the right egg. The hawkish eye caught the
sight of an egg that had been left comparatively unguarded. The egg by the
name of Dr Arsalan Iftikhar was to be brought under all-enveloping wings of
Malik Riaz.
Man with Bahria Town-fame was tasked to grab the egg and hatch
that. Malik Riaz performed the assigned task with proficiently using his
extensive experience of grabbing lands around twin cities. The hatching was
completed but the chicken was kept hidden under the wings waiting for the
right moment to expose it.
The above should also be seen with the statements of PPP leaders
which showed that they had not reconciled with restoration of the CJP and
they have been throwing concealed threats to withdraw the administrative
under which he was restored. The reference against him and activities of his
son were also hinted at.
After the conviction of Prime Minister Gilani in contempt of court
case Zardari regime thought that the time has come to unfold the plan. The
regime was to go on the offensive against Judiciary; instead of parrying the
attacks coming in the shape of court verdicts. In other words, no more
defiance; it would be all-out Blitzkrieg on the stronghold of the forces of
rule of law.
Once the decision was taken to unleash offensive against the Chief
Justice Malik Riaz Hussain, who too feels like Zardari that he is an
aggrieved party victimized by Judiciary, was to expose the chick under
his wings. In other words, he was to let the cat out of bag.
In terms of confrontation, the war material Riaz had been collecting
for the past three years was used to secure a bridge-head from where the
forces of regime were to breakout. Malik Riaz, aided by the forces yet to be
clearly identified, successfully completed the first phase of the operation and
he also executed a breakout directly heading towards the citadel of the Chief
Justice.

998

Sheer out of exuberance, Riaz went beyond the scope of task assigned
to him. He resorted to biting more than he could swallow. The regime, which
had been pretending to be unconcerned with Riaz-Arsalan affair, could not
afford sitting back. It was constrained to launch the prongs which had been
withheld.
The first prong comprising forces of the regime was launched by
Aitzaz Ahsan and Irfan Qadir. During the hearing of petitions challenging
the ruling of the Speaker National Assembly over the question of
disqualification of Gilani in view of his conviction in contempt case, the
Attorney General objected to the presence of the Chief Justice on the bench.
Once his objection was over-ruled he talked to Aitzaz, who was sitting
alongside him. When Hamid Khan, the counsel of Imran Khan, was
submitting his arguments, Irfan Qadir once again stood up and said what the
hurry in hearing this case was. During shouting spree he used foul language
for the judges.
After the break, when proceedings started AGP again had brief
discussion with Aitzaz Ahsan and both got up to speak, but Irfan Qadir did
not allow Aitzaz to speak. His outburst against the judges was resented by
junior lawyers and the court security had to be called to restore order. This
time, Irfan Qadir also made obnoxious gestures at the judges on the bench;
such gestures which would be detestable in the corner meeting in a street
what to talk of during proceedings of the highest court of the country.
Certain things are in the nature of the watchdogs and both Irfan and
Aitzaz have been employed and maintained as pets for protecting certain
interests of the master. Dog is instinctively faithful; but degree of
faithfulness varies in a stray dog and a pet dog and within pet dogs the
watchdogs excel others. But dogs also have some specialties; some bark but
seldom bite and others seldom bark but invariably bite. Both kinds were
represented.
On the heels of what happened in the Supreme Court another law
qualified watchdog holding the office of law minister moved a resolution in
the National Assembly which was adopted immediately. The resolution
supported the ruling of the Speaker of National Assembly in the case of
Prime Minister Gilani. So, the Parliament passed the verdict while the
Supreme Court was still hearing the case.
Then the nation was given the real breaking news through YouTube.
Some one uploaded a video film recorded by camera placed, probably, in the
key-hole of the door of the room where Malik Riaz was being given a
999

Turkish bath. Mubashar Lucman and Mehr Bokhari were performing the
holy ritual.
What this couple of loud-mouth anchors with not much experience as
journalists did is now known to every TV watching Pakistani. During this
ritual both Lucman and Malik Riaz received a telephone call from Gilanis
son. It is quite important to fully understand the impact of this telephone call
that this programme was also telecast live by the PTV. This nexus between
PTV and a private channel was something very rare and intriguing.
Some TV watchers genuinely feel that private channels should in
future show what happens during the commercial breaks rather than what
they have been showing live to date. Dunya TV show has proved that the
programmes which are enacted during breaks are financially more
profitable as compared to those telecast live.
Malik Riaz had returned to Pakistan with a mindset to say less in the
court and talk much through press conferences and interviews utilizing the
investment he had been making in media sector. He took-off well by asking
three derogatory questions from the Chief Justice in aprs conference. It
appeared that he had rolled the dice with the skill of a sharper, but Dunya
TV programme turned his three questions to no more than teen kaney,
despite urging of PPPs Gondal to believe Malik as he had said that with
Quran in hand.
The arrest of lawyer Nadeem in Karachi by NAB indicated that the
regime is determined to pursue its Judiciary-related objectives. This man had
assisted Aitzaz Ahsan in 2007 in defending Chief Justice in reference against
him. This time he had blown whistle warning Zardari regimes plan to file
another reference against the CJP
To conclude, it may be said that handing over Arsalan-Malik Riaz
case to the Executive suits Zardari. He will stick to his strategy of dragging
feet over finalizing the probe. The expeditious disposal of the case is not in
the interest of the regime irrespective of any of the findings by investigators.
If the investigators say there is nothing in the case, then Arsalan will
escape punishment, but Malik Riaz cannot be exonerated from what he has
done in bringing disrepute to the Supreme Court. If the findings of the
investigators are such that lead to conviction of both that too wont suit the
regime, because saving buddy Malik Riaz is more important than punishing
Arsalan.

1000

The delay will also suit the regime in providing enough time for mudslinging and tarnishing the image of Judiciary from whom he intends taking
democratic revenge. However, the Supreme Court had no other option but to
do what it did. It could not afford handling the matter on its own and risk
being dubbed as biased.
In the light of foregoing it might be said that Arsalan has put the
Supreme Court in an unenviable position. It is win-win position for the
adversaries of his father. As compared to the Dons of Democracy, borrowing
the words of Jalees Hazir, the Dispensers of Justice are facing lose-lose
situation.
Notwithstanding, the possible outcome, PML-Q and MQM have
acquired distinction of conspiring against independent judiciary twice within
five years. First they did under the leadership of a military dictator (the
worst among four dictators Pakistan has seen so far) and now under a Don of
Democracy (the worst among all the Dons Pakistanis have suffered).
18th June, 2012

IN THE REGION-X
Zardaris hurried trip to Chicago to attend NATO summit brought no
relief to the people of Pakistan, or for that matter to anyone in and outside
the country. In fact, the intensity of drone-launched missile attacks increased
before Zardari returned to Pakistan via London. Quite shamefully the regime
kept crying apology, apology.
America announced several financial cuts for Pakistan while Leon
Panetta went to India to warn that the US is losing patience over Pakistans
refusal to eliminate safe havens of insurgents on its soil. British Secretary
William J Hague came to convey his concerned behind the door during
meetings with President Zardari, Prime Minister Gilani, Foreign Minister
and Finance Minister.
The Judicial Commissions report on Memogate scandal was opened
in the apex court. The commission established that the memorandum was
authentic and Haqqani was its originator and architect. He sought US help to

1001

make himself indispensable to the Americans by offering his services as part


of a proposed national security team.
In Afghanistan, NATO decided not to conduct any more air strikes in
residential areas after resentment shown by Karzai over killing of innocent
people. He said such strikes were a violation of a strategic partnership
agreement both in text and spirit. Meanwhile, NATO struck a deal with
CARs to remove equipment through their territories as it winds down the
Afghan operation.
Encouraged by the US, New Delhi also started fearing the return of an
Islamist regime in Kabul, where it has spent about $2.0 billion to gain
influence. The US gave a free advice to Islamabad that both India and
Pakistan have a common interest in seeing peace take root in Afghanistan;
so, accept Indian influence.

NEWS
Pakistan: On 4th June, at least 16 people were killed and four
wounded in two US drone strikes in an area of North Waziristan Agency. It
was third drone strike of its kind over the last three days. More than 150
people have been killed in 20 drone strikes launched in northwest tribal area
of Pakistan since the beginning of this year.
Intelligence agencies intercepted two vehicles near Peshawar and
recovered four SMGs and four 9mm pistols with 65 magazines. Three
Americans and three Pakistanis were detained; US Consul General Marry
Richard rushed to the site for negotiations with their release.
Prime Minister Gilani addressed the Command Staff College in
Quetta and said that national security is at the center of the government
priority. He added that Pakistan has suffered immensely in economic and
human terms in the fight against terrorism and extremism. He however
expressed the confidence that these sacrifices will lead us to a future where
our generations will live a peaceful and productive life.
Three-member judicial commission on memo scam completed
drafting of its fact-finding report, which will be submitted to Supreme Court.
Chief Justice Qazi Faez Essa, the head of the judicial penal, directed the
commission secretary to submit the report to Supreme Court June 6.
Next day, amid mortar shelling from across the Pak-Afghan border,
two NATO helicopters violated Pakistans airspace and intruded into the
1002

border area of Ghulam Khan in North Waziristan. Nine mortar shells were
fired from across the border from Afghanistans Khost province that landed
in the border villages of Bangidar and Ghulam Khan.
Reportedly, Abu Yahya al-Libbi, was killed in drone attack on 4th June
Hasukhel village of Mir Ali. Security officials based in the tribal region said
they had intercepted internal conversations of militants in which they said
the Sheikh had been martyred. Yahya al-Libbi, whose real name was
Mohamad Hassan Qaed, belonged to Libya, was considered to be one of the
few remaining top figures within al-Qaedas core.
He was presently serving number two to al-Qaeda chief Dr Ayman alZawahiri. Taliban sources said after his escape from a US detention center in
Afghanistan on July 10, 2005, al-Libbi came to Pakistan and settled in North
Waziristan. He was widely respected by the local tribes people. Some
Afghan Taliban close to him denied his death and said that this is not the
first time the US had claimed to have killed him.
Miscreants fired seven rockets at the house of Pakistan Tehreek-eInsaf (PTI) leader Khyal Zaman Orakzai in Zargari village causing partial
damage to the house. No casualty was reported in the incident. Khyal Zaman
is a businessman from Zargari village in Doaba area in Hangu district. He is
currently living in Hayatabad in Peshawar.
At least 14 members of the Akakhel Amn Lashkar sustained injuries
when the fighters of the militant group Lashkar-e-Islam hurled handgrenades and explosives at their office in Abdul Khwar area of Bara tehsil in
Khyber Agency. Lashkar claimed killing seven militants in retaliation.
A soldier was killed and three others sustained injuries when militants
attacked the Salala check post in Mohmand Agency. Dozens of militants
equipped with heavy arms attacked the check post at night, triggering an
exchange of gunfire that lasted for two hours. Security sources claimed that
at least 20 militants were killed in retaliatory fire by the forces. TTP claimed
responsibility for the attack. The militants who attacked Salala check post
came from Afghanistan.
The security forces claimed arresting two militants from Shekhandh
village of Ramboor valley in Chitral located near the Pak-Afghan border.
Security forces raided a house on a tip-off. Four Kalashnikov rifles,
hundreds of cartridges, explosives material and Afghan identity cards were
seized.

1003

Top US Senator Rand Paul introduced legislation in the Senate


seeking to freeze all foreign aid to Pakistan until the conviction of Dr
Shakeel Afridi was overturned and the doctor released. A second bill was
introduced by Paul to grant the doctor US citizenship for his efforts.
Pakistan must understand that they are choosing the wrong side.
On 6th June, at least six militants were killed and three volunteers
injured in clashes between the Amn Lashkar of Kukikhel tribe and TTP
militants in Tirah Valley. Reportedly, Commander Nazir Afridi of TTP and
close aide of Tariq Afridi had been killed in the fresh fighting. Four children
sustained injuries in an explosion in Khar tehsil of Bajaur Agency.
USAIDs coordinator of economic and development assistance
Richard Albright, when asked why the US did not take Islamabad into
confidence about the details of spending related to off-budget utilization of
funds, said that they conducted weekly meetings with the EAD authorities
and they were in full knowledge about where this money was being utilized.
Answering another query about the ongoing debate in the US about
cutting Pakistans aid by 50 percent, he said that these discussions were
meant for the next financial year 2013, as the process of approving the next
budget in the US might delay because of the coming elections.
Pentagon chief Leon Panetta said that the US would continue to
launch drone attacks against al-Qaeda in Pakistan despite complaints from
Islamabad that the strikes violate its sovereignty. Panetta, who is visiting
India, said this is about our sovereignty as well, adding that al-Qaeda
militants who orchestrated the September 11 attacks on the United States
were in Pakistans tribal areas.
Next day, Leon Panetta warned Pakistan that the US is losing patience
for its refusal to eliminate safe havens for insurgents who attack US troops
in neighbouring Afghanistan. He lashed out at Pakistan and the al-Qaedalinked Haqqani network during a brief visit to Kabul overshadowed by fury
over a NATO air strike that allegedly killed 18 civilians, an issue that the
Pentagon chief did not address in public.
Panetta urged Pakistan to go after the Haqqani militant network and
said Washington would exert diplomatic pressure and take any other steps
needed to protect its forces. He blamed the group for an attack last week on
a US base in the east in which several insurgents, including some wearing
suicide vests, attacked it with rocket propelled grenades.

1004

What happened the other day in Salerno is an indication that they are
going to continue to come at us and let me be clear anybody who attacks US
soldiers is our enemy and we are going to take them on. We have got to be
able to defend ourselves, he told US troops at Kabul airport. The Afghan
and US governments have said they do not believe the war in Afghanistan
can be won without safe havens in Pakistan being dismantled. Pakistanis
have accused them of deflecting blame for the increasingly deadly war.
General Martin Dempsey, the chairman of the US militarys Joint
Chiefs of Staff, suggested the withdrawal timeline added urgency to the need
to tackle the Haqqani threat. Weve got to get (eastern Afghanistan) and the
Haqqani influence reduced in order to meet our timelines for the transition
that were moving toward, and at the end of 14, Dempsey told reporters at
the Pentagon.
Meanwhile, US Secretary of State Hillary Clinton implicitly defended
Washingtons use of drone strikes to kill suspected militants. Her comments
echo those of President Barack Obamas counterterrorism adviser John
Brennan, who said in April such targeted drone strikes in other countries
were legal.
On 8th June, a bomb blast ripped through a bus, killing at least 18
people, including six women and a child, on the outskirts of Peshawar,
police said. More than 40 other people were wounded in the attack on a bus
rented by the government to take staff home after work. The attack came one
day after a remote-controlled bomb killed at least 15 people in Quetta. Six
people including two policemen were injured in a remote-controlled
roadside bomb near Nowshera.
Obama ordered a sharp increase in drone strikes against suspected
terrorists in Pakistan in recent months, anticipating Pakistan may soon bar
such CIA operations launched from its territory. His decision reflects
mounting US frustration with Pakistan over a growing list of disputes that
have soured relations and weakened security cooperation. US officials, who
spoke on the condition of anonymity, said they expect Pakistan may order
the CIA to vacate the remaining air base from which it flies Predators.
The Obama Administration is so frustrated by what it regards as
Pakistans unwillingness to crack down on certain militant groups and
resolve other issues that it is prepared to accept aid cuts pending in Congress
and to cultivate closer relations with India, Pakistans longtime rival.
Pakistani national security officials denied that Pakistan is aiding US
enemies. Two officials said if the US has evidence that the Haqqanis
1005

maintain bases in Pakistans tribal areas, it should share that information so


Pakistan can eliminate them. Pakistani security officials also said its
insulting that Obama refused to meet with their president in Chicago last
month.
Next day, US Assistant Defence Secretary Peter Lavoy arrived in
Islamabad in a fresh attempt to bring an end to a six-month blockade on
NATO supplies crossing into Afghanistan. Analysts, however, believe there
is little chance of a breakthrough during Lavoys trip.
Stopping short of saying that the United States was at war with
Pakistan, Leon Panetta declared that the country was at war in Pakistans
Federally Administered Tribal Areas. The defence secretary expressed his
outright frustration with the Pakistani leadership and the safe havens
provided to the Taliban in the border regions.
Pakistan sent out a clear message to Leon Panetta that it is following a
well thought out strategy to eradicate the menace of extremism and terrorism
and will follow its own timeline, regarding safe havens in Pakistan.
Meanwhile, one soldier was killed and three wounded when militants
attacked a post in Waziristan.
On 10th June, in a powerful signal of the extent to which bilateral ties
have plummeted in recent times, the office of the Chief of Army Staff has
politely turned down a request for a meeting by visiting US assistant defence
secretary, Peter Lavoy. There are several reasons for turning down Lavoy. It
is to tell the Americans that you cannot be bad-mouthing us day in and day
out and then expect a meeting with Pakistans most powerful personality.
You cannot trash our sovereignty, threaten us, announce intensified drone
attacks, kill our soldiers, refuse to apologize when you do the same in Kabul,
hold back our money (CSF), threaten to cut off all aid and then pretend that
it is business as usual, is how one official put it.
Pakistan is facing serious threat of being termed as an enemy
country in case Islamabad doesnt come to terms with Washington on
thorny issues of resumption of ground lines of communications (GLOC) for
NATO, release of Dr Shakil Afridi and deal with the so-called Haqqani
network with iron fist. Diplomatic sources have brushed aside an impression
that Pakistan had in any manner assured or even hinted for the restoration of
GLOC in return for the Chicago invitation.
It is understood that after Peter Levoy was refused number of
meetings in Islamabad and Rawalpindi when he came here last week in an
effort to repair ties. The US officials are of the view that the anger and
1006

distrust may well harden into the new reset. Too much time has passed,
they say openly, while Americans and time wait for no one to make up their
minds for so long.
It is feared that the focus on do more will soon reach a crescendo in
the United States as election months come closer. After Shakil Afridis
verdict and no to GLOC, Pakistan is now openly cited as enemy on US TV
and similar are the feelings at the Capitol Hill where Senator Rand Paul is
attaching an amendment to cut all aid to Pakistan if Afridi is not freed.
Pakistani diplomats are trying hard to put a hold on the amendment through
other Senators, the sources added.
Next day, the outlawed (TTP in South Waziristan warned the local
people to vacate the Mahsud-populated area as war was continuing there. In
the Urdu language leaflets distributed in the Wana bazaar, the militants said
all the non-governmental organizations and contractors were on their hit-list
and they should stop operating in the area. Meanwhile, three civilians were
injured in clashes between security forces and militants in Rustam bazaar in
South Waziristan.
Senior Pakistan Army officials said the government and military were
enjoying friendly relations with the people of North Waziristan, adding there
was no plan of military operation in the tribal region. Except for a handful
of troublemakers, the majority of tribes people in North Waziristan are
peace-loving and true Pakistanis. They love their land and want the
government and army to work for their welfare and development of the
tribal region, an official said.
Three persons including a senior member of the Zakhakhel Amn
lashkar were killed while six others were injured in two subsequent bomb
blasts targeting two vehicles in Mastak area of Tirah Valley in Khyber
Agency. An empty passenger vehicle was passing when it was hit by a
roadside bomb. As result of the blast the driver was killed. Later the
volunteers of the peace lashkar rushed to the site and cordoned off the area.
As they were removing the body, another explosion occurred which killed
two volunteers; six volunteers sustained minor injuries.
More than 800 families belonging to the Kukikhel Afridi tribe have
shifted to Jamrud from Tirah Valley over the last three days since the tribal
lashkar was overpowered by the TTP and many parts of the valley inhabited
by the tribe came under the control of the militants, official and local sources
said.

1007

The tribal sources said three days ago when the tribal lashkar stopped
resistance to the TTP in central part of the Kukikhel area, the local people
felt insecure and started migrating on a large scale. After a week-long
resistance from the tribal militia, hundreds of TTP militants hailing from
different tribal agencies took over the control of Sekhkot, Sra Vella and
Dwatoy and Bagh locality. An elder of the tribal Lashkar Tahir Zaman
accused Ansarul Islam of providing arms and logistic support to the TTP
again.
Pakistan rubbished reports that the US had withdrawn its team of
negotiators from Pakistan and that all negotiations had broken down. In fact
both Pakistan and the United States are unanimous in their view that the US
negotiators have not walked out and that it is now time for a political
decision.
The view from officials in the State Department is that most of the
GLOCs technical team from Washington left because they had essentially
finished their technical work after six-plus weeks here. The Foreign Office
spokesman has meanwhile reiterated the official policy and said that
Pakistan still demanded a US apology over the killings of Pakistani soldiers
at Salala check post last year.
On 12th June, security forces shot dead a militant in Dabori area in
Orakzai Agency. Two constables of the special police force were killed and
five persons wounded when a suicide bomber attacked the car of the leader
of Bazidkhel Amn Lashkar near his village in Peshawar.
Submitting its final report in the memo case, the memo commission
ruled that former ambassador Hussain Haqqani was not loyal to Pakistan and
had indeed written the memo to US Joint Chiefs of Staff Chairman Admiral
Mike Mullen, seeking US support against a possible military coup and a new
security team.
A nine-member larger bench of the apex court headed by Chief Justice
Iftikhar Muhammad Chaudhry heard identical petitions in the memo case.
The bench was constituted on Monday after the commission, constituted by
the apex court on December 30, 2011, submitted its report on June 11 in a
sealed envelope.
The bench opened in the court the report read by Attorney General
Irfan Qadir, establishing that the memorandum was authentic and Haqqani
was its originator and architect. The commission found that Haqqani sought
US help because he wanted to create a niche for himself and make himself
indispensable to the Americans. He lost sight of the fact that he is a
1008

Pakistani citizen and Pakistans ambassador to the United States of America,


and therefore disregarded that his loyalty could only be to Pakistan, the
commission ruled.
The commission observed that Haqqani, by offering his services as
part of a proposed national security team to a foreign government, voiced
the great fears that Pakistans nuclear assets are now legitimate targets
and thus sought to bring Pakistans nuclear assets under a more verifiable,
transparent regime. He stated that the ISI maintains relations to the
Taliban and offered to eliminate Section S of the ISI and help pigeonhole
the forces lined up against your interests. This, according to the
commission, created fissures in the body politic and were acts of disloyalty
to Pakistan that contravened the Constitution of Pakistan.
The purpose of the memorandum was to show that the civilian
government was a friend of America, but needed to be strengthened to
prevail upon the army and the intelligence agencies, and to be able to do so
American help was required to set up a civilian national security team, to be
headed by Mr Haqqani, the commission ruled.
The commission ruled there could be no two views that terrorism
must be contested, terrorists fought, nuclear proliferation opposed, that
civilians (and not the military) determine foreign policy and the ship of the
state must be guided by civilian hands at the helm. However, what is not
acceptable is for Pakistans ambassador to beseech a foreign government to,
with impunity, meddle in and run our affairs.
The commission observed that Haqqani had chosen not to live in
Pakistan, has been working in the United States where he appeared to have
made his life; held no property or asset in Pakistan, held no money (save a
paltry amount) in a Pakistani bank, but despite having no obvious ties to
Pakistan was appointed to the extremely sensitive position of Pakistans
ambassador to the United States, and in addition to being paid a salary and
accompanying emoluments was handed a largesse of an amount of over $2
million a year.
The court directed Attorney General Irfan Qadir to make the report
public. Needless to observe that the commission was constituted in
pursuance of a judicial order passed by this Court; its final conclusion and
findings have also been read over by the learned Attorney General, therefore,
formally we direct to make this report public, the court ruled in its order.
The court ruled that prima facie Hussain Haqqani had to answer about
the findings recorded by the commission. The court recalled that he was
1009

allowed to leave the country with the commitment vide that whenever the
court required, he would appear in person within a period of four days. The
court directed Haqqani to appear before the court on the next date of
hearing.
The court directed Haqqani to appear before the court at the next date
of hearing, and directed the attorney general to make public the commission
report. Referring to the remaining sealed envelopes containing documents,
the court directed that they be kept in the safe custody of the registrar and
shall be opened, if need be, during proceedings of the case. The court
adjourned for two weeks.
Mansoor Ijaz has received death threats from an unknown caller
speaking in Punjabi from an unknown number after the release of the
memogate commission report in the Supreme Court. Talking to The News
from Switzerland, an agitated Mansoor Ijaz confirmed that he was taking the
threat seriously and will be reporting the matter to the FBI.
The caller threatened Mansoor Ijaz that he (Ijaz) and his family will
be destroyed. You come one step towards London and we will find and kill
you for what you have done. You should know we are out to get you, the
caller threatened. Mansoor Ijaz said he understood that the reasons behind
the serious death threat lied in the fact that he stood his ground and ensured
that the truth was established in the interest of Pakistan.
Mansoor Ijaz said the findings of the Supreme Court show that he was
right in bringing to the public knowledge the rogue conspiracy against
Pakistan and it also proved that Pakistan and the US were engaged in a
dishonest relationship. He claimed that the memo controversy had forced
the two countries to put their cards on the table and as a result the relations
between Pakistan and the United States were more open.
Mansoor Ijaz paid tribute to the institutions of Pakistan, in particular
the judiciary, for ensuring that every party in the case was given full
opportunity to defend the case and present the evidence. He said the courts
determination proved that justice was imparted fairly and without
consideration to a single political factor that subordinates the countrys
national interests.
He praised the Pakistan Army for standing its ground in defending
the country against those who would compromise its security but never
wavered in their commitment to insure democracy and justice kept to their
true paths. He said it was crystal clear to the people of Pakistan that they

1010

always knew they have one institution the armed forces that is the pillar
and bedrock of Pakistan.
Husain Haqqanis counsel Asma Jahangir has taken an exception to
the report of judicial commission on the memo scandal, saying the
commission acted as both the complainant and adjudicator. She also
questioned the commissions jurisdiction, and said under what law the
commission can declare anybody a traitor. The inquiry report should have
been shown to the counsels of the parties before presenting the same before
the Supreme Court.
She questioned another finding of the commission and expressed her
wonder, saying the commission declared that Haqqani forced Mansoor Ijaz
to write the memo, however, failed to establish any evidence to this effect.
She also objected that the case of Haqqani was taken by the SC without
intimation to the counsels and was not mentioned in the cause list. I came
to know about the hearing of Haqqani case through news aired by television
channels which is highly regrettable, she added.
Asma Jahangir said it was shocking that the court sent intimation to
her client outside Pakistan but failed to inform the counsel (her) in the
country. I will follow the Supreme Court rules and will not appear before
the court without proper intimation. She went on to say that if she were the
attorney general, she would never have appeared before the court on a notice
received late at night. Replying to a question whether Haqqani will return to
country following the SC directions, Asma said she had to see the
commission report first as it was yet to be received.
Hussain Haqqani described the report of the memo commission as
one-sided. He said that his lawyers would address the legal flaws of the
process relating to the creation and proceedings of the commission before
the Supreme Court. The commissions report has been released to distract
attention from other more embarrassing developments, he alleged. Haqqani
said that he had nothing to do with the memo and the commission might
have come to a different conclusion if it had heard him out, which it did not.
He pointed out that the memo issue had been based on newspaper clippings
and the Supreme Court had created the commission amid an orchestrated
media campaign against him. The commissions head accommodated, what
Haqqani claimed, the instigator of false claims while denying every request
by me and my counsel.
Punjab Chief Minister has said that memo commission report has
unveiled many faces and the treacherous characters should be put on trial.
1011

He also sought action against the elements who appointed Haqqani as


ambassador in an important country like US to use him for nefarious
designs.
The United Kingdom expressed anxiety about the blockade of NATO
supplies, and expressed its commitment to a deep, long-term and strategic
relationship with Pakistan based on mutual trust, respect and mutual benefit.
As a member of NATO, the UK also expressed its concern over the
stalemate between Pakistan and the United States over the reopening of the
Ground Lines of Communication (GLOCs).
British Secretary of State for Foreign and Commonwealth Affairs
William Jefferson Hague on Tuesday held a series of meetings in Islamabad
and called on President Asif Ali Zardari, Prime Minister Syed Yusuf Raza
Gilani, Foreign Minister Hina Rabbani Khar and Finance Minister Dr
Hafeez A Sheikh. He also interacted with the media at the Foreign Office.
The Pak-UK bilateral relations, the UKs assistance to Pakistan, bilateral
trade, war against terror, the regional situation, the UK-Pakistan Enhanced
Strategic Dialogue, Pakistans trade engagement with Europe and the future
of Afghanistan were the issues discussed in the day-long meetings.
The UK can confidently and proudly call itself a friend of Pakistan.
Our friendship will endure. It is sometimes said that Pakistan is
misunderstood in many parts of the world. As a friend of Pakistan, I want to
urge a greater understanding of Pakistan and the challenges your country
faces, including the fact that Pakistan has suffered more than any other
country from terrorism. A prosperous and stable Pakistan is of course in
Pakistans interests, and in the interest of the region and beyond, and Britain
will be a strong friend and partner as your country builds a secure future,
Hague commented after his arrival.
Hague expressed his unease over the prevailing deadlock between
Pakistan and the United States. He added that the GLOCs affected the UK as
well, and while Britain wanted the US and Pakistan to work successfully, it
would certainly not mediate as it was a firm ally of the US and a friend of
Pakistan.
In response to a question regarding whether the United States should
honour the Pakistani parliaments resolution that also asked for an apology
for the killing of Pakistani soldiers, Hague responded, I cannot comment on
individual components. We are strong supporters of democracy in Pakistan,
passionate about it. I cannot approve or disapprove any resolution in any
parliament. It is the strength of democracy.
1012

Of importance was Hagues message to the government on the subject


of the upcoming elections, which he said would be a crucial milestone in
Pakistans democratic history. This is the first time one civilian government
will succeed another one at an election. A strong, stable, constitutional
democracy is firmly in Pakistans interests and will be welcomed by all
Pakistans friends, including the United Kingdom and across all parties in
the United Kingdom, he told the media.
In his meeting with the prime minister, the British foreign secretary
said: We support a democratic Pakistan and congratulated the prime
minister for presenting the fifth consecutive budget. He also appreciated
Pakistans support for a policy of reconciliation in Afghanistan. Zardari, in
his meeting with Hague, expressed his satisfaction that bilateral trade was
following an upward trajectory.
Imran Khan along with his team met William Hague along with his
delegation on the request of the latter. Imran inquired about the specific
purpose of the Hagues visit at this particular time and was told it was a part
of the expanding UK-Pakistan relationship. PTI chief reiterated his partys
opposition to aid that is given to generally for fiscal budgetary support and
aid given directly to social/educational projects.
PTI chief said his party had always advocated a political solution to
the problem of terrorism and militancy. He stated that his first move would
be to have a ceasefire and convince the US that a credible government in
Pakistan would stop militancy in tribal areas. He stressed, a military
operation in FATA was madness. It was time to give peace a chance through
dialogue with the tribal people.
A US Congressional delegation headed by Representative Todd Platts
called on President Zardari. Pak-US bilateral relations, war against militants
and regional situation was discussed during the meeting. President Zardari
reiterated his call for the two sides to work closely for bridging the trust
deficit, cooperating with each other on clearly defined parameters on the
basis of mutual interest and respect.
Next day, four persons were killed when an unmanned US predator
targeted a vehicle in Miranshah area of North Waziristan Agency. The drone
fired two missiles on the vehicle, which resulted in killing of four persons on
the spot. There has been increase in US drone strikes in Pakistan since a
NATO summit in Chicago ended last month.
Replying to a question regarding the Memogate, Imran said that
President Zardari was to blame for the memorandum because he appointed
1013

Hussain Haqqani as Ambassador to the US. Responding to another query,


he accused the PML-N high command of playing the role of friendly
Opposition.
The United States should examine setting conditions for aid to
Pakistan but not cutting it off, Leon Panetta said, as he disclosed that
Islamabads closure of supply routes to the Afghan war cost American
taxpayers 100 million dollars a month. The result of that is that its very
expensive because were using the northern transit route in order to
withdraw our forces and also be able to supply our forces, Panetta told the
Senate Appropriations subcommittee on defence.
On 14th June, two more people were killed as the US spy planes
continued missile strikes in North Waziristan Agency and hit a house. It was
the second attack during the last 24 hours in North Waziristan. Nine
militants were killed and eight others sustained injuries when the jetfighters
shelled the hideouts in Mamozai area in upper Orakzai Agency. The security
forces repulsed an attack by the Afghanistan-based TTP on a check post in
Bindarra in Upper Dir.
The New York Times described the Memo Commission as
controversial while reporting its findings and said that the commission
offered little clarity on either the authorship of the memo or the motivations
behind the episode. Other sections of the US media were also skeptical
about the commissions findings and quoted Husain Haqqani describing
these as political. Questions were also raised about the reliability of the
main witness in the case, Mansoor Ijaz, and whether Haqqani was treated
fairly during the proceedings.
Next day, the government decided to stick to its demand for a US
apology over Salala check post attack, before taking a decision on reopening
of the NATO ground supplies to Afghanistan. This was agreed at a highlevel meeting at the Aiwan-e-Sadr that was co-chaired by President Zardari
and Prime Minister Gilani. General Kiayni, Foreign Minister and DG ISI
also attended the meeting. The participants agreed that the two issues were
interlinked; therefore, Islamabad as per the parliaments recommendation
should insist on the apology demand before deciding the matter of NATO
supplies, sources said.
Senator John McCain accused the Obama Administration of
needlessly damaging the US relationship with Pakistan and antagonizing
the Pakistanis with an in your face attitude. He said the administrations

1014

encouragement of India taking a more active role in Afghanistan while


simultaneously criticizing Pakistan could be a recipe for disaster.
The NAB Sindh arrested Principal Appraiser of Customs Sadar Amin
Farooq and Clearing Agent of Eastern Agency Wasif Shah in ISAF
containers case. The accused official had cleared most of the containers and
remained on this post in Pakistan Customs Service from 2001 to 2010.
Following the directives of Supreme Court, NAB initiated a probe and
arrested six clearing agents on May 24 responsible for clearing 200
containers that never reached the destination.
On 16th June, four policemen and three civilians, including a child,
were killed when an improvised explosive device placed in a cart went off
near the new bus stand on Bannu Road, Kohat. Seven cops and three
civilians sustained injuries in the incident and eight shops were also
damaged in the explosion.
At least 25 persons including two schoolchildren were killed and more
than 60 others wounded in a car bomb explosion in a busy bazaar in
Landikotal. Reportedly, the Zakhakhel Afridi tribesmen, who have raised a
Lashkar to fight the militants, were the target of the bombing. No group has
so far claimed responsibility for the attack. According to the local
administration, 25 shops, three vehicles and a number of surrounding
buildings were damaged in the explosion.

Afghanistan: On 4th June, NATO struck a deal with Kazakhstan,


Kyrgyzstan and Uzbekistan to remove equipment through their territories as
it winds down the Afghan operation. NATO chief Rasmussen said that there
was no agreement with Pakistan to restore the supply route. He hoped that
Pakistan would soon restore the NATO supply route for which talks were
ongoing. These agreements will give us a range of new options and the
robust and flexible transport network we need, he added, without offering
more detail on the accords.
The Brussels-headquartered alliance is also discussing with Russia the
possibility of using Vostochny airport near Ulyanovsk, 900 kilometres (560
miles) east of Moscow, as a transit centre for non-lethal equipment from
Afghanistan. Meanwhile, a British soldier was killed by small arms fire
while on patrol in Helmand Province.
Next day, US Defence Secretary Leon Panetta encouraged India to
play a more active role in Afghanistan during talks in New Delhi.
Washington has been previously worried about India antagonizing its arch-

1015

foe Pakistan and preferred New Delhi to retain a modest profile in the
Afghan conflict, restricted to troop training and infrastructure development.
Over the last 10 years, for a variety of reasons, India has not played a
particularly active role in Afghanistan, a senior defence official told
reporters aboard Panettas plane. The US hoped India would expand its
training of Afghan security forces. Panetta discussed the issue, as well as a
new US strategic tilt towards Asia and expanding military ties, when he met
Prime Minister Manmohan Singh and National Security Adviser Shiv
Shankar Menon.
New Delhi, fearful of the return of an Islamist regime in Kabul, has
ploughed about $2.0 billion of aid into the country to gain influence, but is
extremely wary of over-stepping. The US official acknowledged the hostility
and distrust between India and Pakistan, but said both countries had a
common interest in seeing peace take root in Afghanistan.
On 7th June, Panetta visited Kabul and left less than five hours after
his arrival, as Afghan President Hamid Karzai pledged to cut short a trip to
Beijing and head home over the deaths of around 40 civilians in the air strike
and a suicide bombing. Panettas visit to Kabul to assess the state of the war
and plans to withdraw US combat troops by 2014 coincided with an increase
in violence.
Panetta told US troops in a speech at the heavily fortified Kabul
airport that the decade-long war was at a turning point. He sought to
reassure soldiers that their sacrifices had not been in vain and Afghans that
NATOs drawdown did not mean they would be abandoned. US
commanders have put a very good plan in place, and Afghans worried
about the withdrawal should know that were not going any place, he said
in a reference to plans to keep a residual force in Afghanistan.
Next day, the US commander of NATO forces in Afghanistan
apologized over the deaths of civilians in an air strike this week. General
Allen flew to Logar Province to see local leaders and the population to
apologize and offer condolences to the families. This is the first public
acknowledgement by NATO that civilians died in the air strike. Afghan
officials said 18 civilians, including women and children, were killed.
On 9th June, at least four French soldiers were killed and several
wounded in a suicide attack on a convoy of NATO-led troops in Nijrab
district of Kapisa Province. Taliban militants claimed responsibility for the
attack in a text message sent to reporters.

1016

Next day, at least 45 Taliban militants were killed in operations


carried out by Afghan and NATO-led troops. The forces launched 10 cleanup operations in Kabul, Laghman, Parwan, Helmand, Uruzgan and Farah
provinces, in which, 33 militants were killed. Six militants were injured and
nine were captured during the raids. Eight Taliban militants were killed in a
special force operation in Bati Kot district of eastern Nangarhar Province
last night. Four militants were killed when an anti-tank mine blew up
prematurely in Jani Khil district of Paktika.
NATO will not conduct any more air strikes in residential areas,
Afghan President Karzai said after meeting General Allen and US
Ambassador Ryan Crocker. He said such strikes were a violation of a
strategic partnership agreement between the two countries last month both in
text and spirit.
NATO had initially said its forces and Afghan troops came under fire
during the operation to capture a Taliban commander and they called for an
air strike. Later, as villagers displayed bodies of women and children from
the ruins of two houses, the NATO-led force said it had ordered an
investigation. Nine of the victims were children, including an infant, five
were women and three were elderly people, police said.
Karzai's chief spokesman, Aimal Faizi, said the air strike was ordered
unilaterally without coordinating with the Afghan forces on the ground. The
deaths of civilians in some of these operations has fuelled resentment against
foreign forces and become a rallying cause for the Taliban fighting to throw
them out of the country. If the bombings on Afghan homes continue, they
will be regarded as a violation and an act of aggression, Faizi said.
On 12th June, Taliban bomb attacks killed at least eight people,
including women and children. A suicide bomber on a bicycle targeted a
police patrol in Chahar Bolak, a small town in the northern province of
Balkh. Hours earlier, a roadside bomb ripped through a minibus in the
central province of Wardak, killing five civilians.
Next day, it was reported that child casualties in the conflict in
Afghanistan rose by more than a quarter last year, with an average of nearly
five youngsters killed or injured every day in 2011. A UN report on children
in armed conflict said a total of 1,756 children were killed or injured in the
war in Afghanistan in 2011, an average of 4.8 a day, compared with 1,396 in
2010. Tens of thousands of children in Afghanistan, driven by poverty, work
on the streets of the war-torn country's cities and often fall prey to Taliban
bombings and other violence, as well as abuse.
1017

On 14th June, the American death toll in the almost 11-year war in
Afghanistan surpassed 2,000 with the killing of a Marine corporal in fighting
with the Taliban. Afghanistan hosted the latest round of international talks on
its future after NATO troops leave in 2014. Representatives from 29
countries are gathering in Kabul for the one-day conference.
On 17th June, Taliban praised India for resisting US calls for greater
involvement in Afghanistan. They also reiterated that they would not let
Afghanistan be used as a base against another country, addressing fears in
New Delhi that Pakistan-based anti-India militants may become more
emboldened if the Taliban return to power. The Afghan Taliban have
longstanding ties with Pakistan, and striking a softer tone towards its arch
rival India could be a sign of a more independent course.
Taliban spokesman Zabihullah Mujahid told Reuters, It shows that
India understands the facts. India is one of the biggest donors in
Afghanistan, spending about $2 billion on projects ranging from the
construction of highways to the building of the Afghan parliament. It has
also won an iron ore concession in an $11 billion investment. But New Delhi
has avoided involvement in bolstering Afghan security, except for running
courses for small groups of Afghan army officers at military institutions in
India.
No doubt that India is a significant country in the region, but is also
worth mentioning that they have full information about Afghanistan because
they know each other very well in the long history, the Taliban said. They
are aware of the Afghan aspirations, creeds and love for freedom. It is totally
illogical they should plunge their nation into a calamity just for the
American pleasure.

Iran: On 4th June, the head of the UN nuclear agency urged Iran to
sign a deal allowing greater clarity on its disputed nuclear drive and
announced that new talks with Tehran would be held this week. The IAEA
has been seeking to visit Parchin for months but has been refused access by
Tehran, which insists the site is of no significance to its nuclear programme
so it need not allow inspections there.
On 6th June, Israeli Prime Minister said international pressure on Iran
aimed at curbing its nuclear ambitions is inadequate. Netanyahu said that
although sanctions affected Iran and its economy, they did not halt its
nuclear programme. That is because the demands that accompany the
sanctions are inadequate. You apply this whole set of pressures for what?
For practically nothing!
1018

Next day, President Vladimir Putin told Iranian counterpart Mahmoud


Ahmadinejad ahead of global talks on Irans nuclear ambitions that Russia
supports Tehrans atomic programme as long as it is peaceful. The Iranian
president, meanwhile, called for more cooperation between Iran and Russia
as NATO sets its sights on the east, in a likely reference to a missile
defence system currently being deployed by the Western alliance. The two
leaders met in Beijing on the sidelines of SCO summit.
On 8th June, China, which had earlier backtracked from being the
financial advisor for laying the 785 km pipeline in Pakistans territory under
the Iran-Pakistan (IP) gas project, has once again shown willingness to
become the EPCC (Engineering Procurement Construction and
Commissioning) contactor. President Asif Ali Zardari and federal minister
for petroleum and natural resources Dr Asim Hussain who are currently in
Beijing have reportedly succeeded in persuading China to take part in the IP
project.
On 11th June, the US said it would exempt India and six other
countries from financial sanctions because they have significantly cut
purchases of Iranian oil. Today I have made the determination that seven
economies India, Malaysia, Republic of Korea, South Africa, Sri Lanka,
Turkey and Taiwan have all significantly reduced their volume of crude oil
purchases from Iran, Hillary Clinton said in a statement.
Clinton said exemptions would also be granted to South Korea,
Turkey, Malaysia, South Africa, Sri Lanka and Taiwan, which join Japan and
a number of European countries already on the list of those exempted from
Iran sanctions act that kicks into force later this month. Clinton issued the
statement in this regard hours before External Affairs Minister SM Krishna
was to arrive in Washington to co-chair the third India-US Strategic
Dialogue along with American counterpart.
Next day, Iran claimed taking initial steps to design its first nuclearpowered submarine. Initial steps to design and build nuclear submarine
propulsion systems have begun, Admiral Abbas Zamini, the technical
deputy navy chief, told the Hars News Agency. Western military experts
regularly cast doubt on its claims.
On 14th June, Iran said it arrested a number of suspects in the
assassinations of two of its nuclear scientists in the past two years, and
claimed they were linked to Israel. A statement provided no details as to the
number of suspects, their identities or nationalities, or when or where they
were arrested.
1019

India: On 5th June, Pakistan conducted a successful test-fire of the


multi-tube, indigenously developed Cruise Missile Hatf-VII (Babur), which
can carry both nuclear and conventional warheads with stealth capabilities.
The Babur Cruise Missile has a range of 700 kilometres and it is a lowflying terrain hugging missile with high maneuverability, pinpoint accuracy
and radar avoidance features. Next day, body of another Shaheed soldier was
found at Gyari Sector of Siachen bringing the total number of bodies
recovered so far to eight. According to a spokesman of ISPR, identity of the
martyred soldiers is being ascertained.
Panetta held talks with his Indian counterpart focused on NATOs
planned exit from Afghanistan and Americas strategic rebalance towards
Asia. Panetta vowed to expand defence ties with the emerging giant, saying
New Delhi was a linchpin in a new US military strategy focused on Asia.
Panetta said that military ties had dramatically improved over the past
decade, but he wanted to see more joint research and production efforts as
well as expanding military exercises.
On 8th June, India announced to hold investors conference on
Afghanistan in New Delhi on June 28. India has invited Pakistan to this
moot aimed at exploring and promoting investments in Afghanistan. Twentyeight countries including Pakistan and China have been invited to participate
in the conference. Next day, rescuers reclaimed another body from the
frozen avalanche site in Gyari Sector. The recovered body has been shifted
to Gamba Hospital for identification. So far a total of ten martyrs have been
recovered from the site.
On 10th June, the foreign minister of India, Krishna is expected to visit
Pakistan on July 1718 to hold talks with Khar, which will be preceded by a
meeting between the foreign secretaries of the two countries. Meanwhile,
two more bodies of martyred soldier were found at Gyari s bringing the total
number of bodies recovered so far to thirteen.
Next day, with no resolution in sight, top Pakistani and Indian defence
officials made another attempt to thrash out the Siachen dispute and tabled
their recommendations for a negotiated settlement. Though inconclusive, the
talks on Siachen are due to continue tomorrow. The visiting Indian
delegation called on Naveed Qamar. During the meeting, matters of bilateral
interest came under discussion. The defence minister said it was in the
interest of India and Pakistan to seek an amicable resolution of all the
outstanding issues, including Siachen.

1020

On 12th June, talks between defence officials of India and Pakistan


ended inconclusively while the two sides announced that they had failed to
make any headway in negotiations, they reaffirmed their resolve to make
serious, sustained and result-oriented efforts to seek an amicable solution to
the Siachen issue.
The Pakistani government on Tuesday suggested that India consider
an agreement for disengagement that would see a simultaneous withdrawal
of the two countries troops from the Siachen Glacier. Ms Sethi said her
Indian counterpart had agreed to convey these proposals to the Indian
leadership. The Indian government, meanwhile, made it clear that any
settlement must include the authentication and demarcation of current
military positions in Siachen.

VIEWS
Pakistan
Pak-US relations in perspective: Media reports on the state of
relations between the United States and Pakistan would lead one to conclude
that serious challenges would soon undermine the whole edifice of this
rocky relationship. On closer scrutiny this assumption would turn out to be
invalid.
Any relationship that is so extensive and so all-encompassing would
inevitably come across certain irritants that would, for a short period of time,
impinge on the course of the bilateral relations. But the overarching
compulsions that drive the relationship on both sides of the diplomatic
divide would come into play to reset the relations on a course that is
mutually beneficial to both countries. But there is a difference: whereas the
US attitude or perceptions are based on what they (the US) believe to be
their best national interests, the Pakistani policy is motivated, more often
than not, by narrow personal agendas and expediency. This induces
distortions in the relationship between the two countries. Because in such a
case the Pakistani policy would not be reflecting the aspirations of millions
of its citizens and to that extent would not contribute to sustainability of
relations which could suffer in the wake of any minor or major disagreement
on key issues.
Since Pakistan has not been able to manage its economy and there has
been an irreversible decline in quality and output of institutions it has to
have recourse to such lending institutions as the IMF and seek American
1021

patronage, both political and economic, it will be prepared to barter away its
sovereignty in return for political, military and financial support. That is
Pakistans Achilles heel. On the other hand, the US would be comfortable
with a government which though hugely unpopular at home, has the ability
to implement the US agenda in these difficult times in relation to its own
Achilles heel Afghanistan.
It is inconceivable that, given such complementarily of interests, the
relations could go into a free fall... But all this could change. Major
turbulence can occur derailing the relationship if China begins to have
serious concerns over the long term US military presence in Afghanistan that
could eventually strain relations between the two constant allies
The other danger would emanate from a truly representative
government in Pakistan which makes a substantial shift in policy and leaves
the so-called war on terror alliance with the US that has devastated this
country and ruined its institutions, its peace and harmony and decimated its
infrastructure. That may be sometime away. In the meantime, the US would
continue to extract maximum concessions from Pakistan in order to continue
prosecuting a war next door that it acknowledges, would be difficult to fight
without Pakistans help.
The problem is Pakistan itself is ready to surrender its independence
and sovereignty for better terms on transit fees etc. If the routes for NATO
containers have been blocked because of the US attack of a Pakistani
military border post and its refusal to apologize as demanded by parliament,
the matter should logically end there. But no other options need to be
explored. For a long lasting and strategic relationship the following points of
friction would have to be addressed: The role of the US in Afghanistan; the
US stance on Pakistans nuclear development programme, its policy towards
Irans enrichment programme; its policy of containment of China in relation
to central Asia and South China Sea and the state of India-Pakistan relations.
The US can continue with a transactional relationship and leave the
future to the events that would unfold in the next 10 or 15 years. As a big
power it has that latitude to wait and make adjustments when the time
comes. But the damage that would be caused, in terms of the rising level of
public anger against America as it continues to focus on links with a few
individuals howsoever strong and influential to the exclusion of the people,
would be impossible to restrict or retrieve.
While Pakistan must therefore reset the ties to its long-term advantage
disregarding its limited political agenda, the Americans must see the writing
1022

on the wall in the context of the rising tide of anti-American sentiment


sweeping the country from one end to the other.
Relations are not built on statements or slogans and are not sustained
by visits or expression of wishes. These need much stronger foundations that
reflect not only genuine national interests but also correspond to the
aspirations of the people. (Rustam Shah Mohmand, The News 6th June)
Playing over-smart: Not being exposed to looking at the world
through different angles and passively swallowing the information being fed
is tantamount to a soft brainwashing. Brainwashing is not the sole domain of
Goebbels or the Bolsheviks.
Implanting so-called moderates as a defensive rampart against
militancy has been another disastrous folly. It led to the asinine policy of
bolstering those figures in Afghanistan and Pakistan, who had no resonance,
respect, or traction amongst their own public. The results tell how well this
experiment worked. One leading expert at Brookings Institution called the
current setup in Pakistan as the best government Pakistan has ever had.
Chicago 2012 saw the head of this best government being publicly snubbed
by the head of the US government.
There was considerable headmistress-style lecturing in Washington
about the Memogate episode. Imagine the fate if a US envoy to Moscow
during the days of the Cold War had been implicated in trying to hand over
the US national security apparatus to the KGB? It certainly would not have
elicited an enlightened moderate response.
Over-manipulation seldom works because it is done in bad faith and
with a smug sense that we know better and that the other side is too dumb
to figure out schemes of duplicity At the end of the day, there is no
substitute for good intent and good sense. (Mowahid Hussain Shah,
TheNatiom 7th June)
Dr Afridi and FCR: By spying for the US Shakeel Afridi has
betrayed his nation and his country and shamed his family. His conduct
cannot be justified in any way because he did not do it for ideological
reasons, only for dollars. This is indeed very shameful.
Afridis first and foremost crime was the betrayal of his professional
commitment to the Pakistani people. It is true that welfare projects are
carried out by international organizations. However, such activities were
already doubtful in minds of ordinary people. Even before Shakeel Afridis

1023

action, an anti-polio campaign in FATA and Khyber-Pakhtunkhwa was very


difficult. Thanks to what he did, it has now become impossible
Afridis failure to display integrity and honesty in a matter concerned
with national security and honour is something which cannot be forgiven. If
he had received information that he could not handle, he should have
informed his own government. Instead he decided to share the information
with the CIA and tried to keep the national security institutions unaware of
this. Needless to say there are contradictions and failures related to our own
security institutions. However, the weaknesses and failings of our system
cannot be an excuse for treason.
However, the question arises: why is something done by a common
man is considered an act of treason Pakistan and India have signed
agreements to inform each other of military movement near the borders.
They share such information with each other. But if an Indian or Pakistani
citizen tries to act as a spy and conveys information to the other country
regarding such movement, he is guilty of an act of treason. Dr Ghulam Nabi
Fai was sentenced on the charge of working for the ISI, though the ISI and
the CIA have signed agreements to share intelligence
If Shakeel Afridi remains alive, the US will take him away soon.
There is a reason why the Afridi affair is a matter of ego for the United
States: he is one of the thousands of CIA agents who are working in
Afghanistan and Pakistan. All such agents work with the assurance that in
times of trouble the US will protect them. So for the preservation of CIA
agents confidence in the US government, the Americans can do everything
imaginable to secure Afridis freedom.
At present Afridi is nothing but a bargaining chip between the
Pakistani and US establishments. In the past we have seen the US getting its
way in all such cases. Pakistani officials, after being paid, prefer to
surrender. This time again bargaining will result in the freedom of Shakeel
Afridi, which seems more important for the US at this point of time than
even the reopening of NATO supply rout.
Afridi is just another Raymond Davis. His indictment under FCR
laws, instead of the common laws of the country, shows that government left
a loophole to enable his freedom. Under the FCR the official who punishes a
criminal has the authority to revoke the punishment.
Afridi has committed a very shameful act. This act defamed not only
his family and friends, but also Pakhtuns and the tribal areas. However, there
is a positive side to the Afridi affair. It has turned the attention of the
1024

Pakistani and international media and human right organizations around the
world to the barbaric FCR. This may result in national and international
realization as to that how this law is used against the tribesmen.
It would be a discovery for people in Pakistan and around the world
that ten million people are living under a regime where no court exists. A
mere nominee of the governor of Khyber-Pakhtunkhwa may punish any
person or tribe and no court could hear an appeal against them Moreover,
he is also fully authorized to decide financial matters. He may impose tax at
any rate on any item he chooses, and may reward anyone with any amount
by drawing money from the public fund. Dr Shakeel Afridi is sentenced by
the assistant political agent, but for the common people this authority is used
by low-rank Tehsildars.
For the last many years the PPP and the ANP are presenting
themselves as champions of human rights who introduced reforms in FCR
laws. But this case shows the degree of the supposed reforms, because an
appeal is still directed to not to a court of law but to another administrative
officer, the commissioner of Peshawar.
Instead of abolishing or introducing reforms in the spirit of the
Constitution of Pakistan, the Anti-Terrorism Act is now linked to the FCR
and now security agencies and forces could detain any individual from any
area of Pakistan, and punish him or her under the FCR.
I know of many individuals who were arrested from Peshawar and
Rawalpindi and were punished under the FCR. So this is democracy and this
is the real face of the self-assumed torch-barriers and protectors of human
rights in Pakistan, the ANP and the PPP. But despite all this, human rights
violations under the framework of the FCR will not be discussed by the
media and parliament. (Saleem Safi, The News 8th June)
The death of al-Libi: After a number of missile hits that killed
largely unknown and overwhelmingly Pakistani militants in North
Waziristan and South Waziristan over the past year, the US finally seems to
have gotten a big catch by eliminating an important al-Qaeda figure Abu
Yahya al-Libi in a drone attack in North Waziristan on June 4.
The Americans believe he was presently the second-in-command to
the new al-Qaeda head Dr Ayman al-Zawahiri, though there isnt any firm
evidence that he was holding this position. He was certainly an inspirational
figure for al-Qaeda members and sympathizers after having made a dramatic
escape from the maximum security US prison at the Bagram airbase in
Afghanistan in 2005 along with four other Arab militants and devoted his
1025

life to propagating al-Qaedas concept of jihad against the US, Israel and
their allies through his writings and videotapes
In an ideal situation, al-Libis death would have brought the
governments and armies of Pakistan and the US closer as he was wanted by
both after having aligned with the Pakistani Taliban, who have declared war
on the two countries. In the prevailing circumstances though, al-Libis death
could widen the gulf between Pakistan and the US as it would provide
further justification to the latter to continue the drone strikes in Pakistans
tribal areas overriding Islamabads objections.
At a time when the US authorities were preparing to celebrate alLibis elimination as a major success in the war against al-Qaeda, Pakistan
summoned the deputy US ambassador to the Foreign Ministry to hand him
the protest note on the drone attacks in its territory. It noted that the drone
strikes were unlawful, against international law and a violation of Pakistans
sovereignty. Besides, al-Libis death would strengthen the argument that the
most wanted al-Qaeda figures were hiding in Pakistan despite the latters
repeated denials about their presence on its soil.
This and other incidents in the recent past have contributed to the
uncertainty characterizing the US-Pakistan relationship Perhaps no other
place in the world has been hit by so many missiles, appropriately named
Hellfire, fired by the drones as North Waziristan. Mostly Pakistani militants
linked to the non-Taliban group of Hafiz Gul Bahadur or the outlawed
Tehrik-i-Taliban Pakistan (TTP) rather than al-Qaeda members or Afghan
Taliban affiliated to the Haqqani network have been killed in these attacks.
As the foreign militants instead of the Pakistanis are more actively involved
in the fight against the US and its allies in Afghanistan and elsewhere, it is
obvious that the Americans arent really harming their real enemies linked to
al-Qaeda and the Afghan Taliban through their highly regarded drone
programme.
By attacking targets after a long gap in South Waziristan in its recent
drone strikes, the US is sending a strong message to Pakistan that it doesnt
care whether those being hit are militants linked to the TTP, which is
Islamabads principal foe, or its friendly non-Taliban group led by Maulvi
Nazeer. In fact, both recent drone attacks in South Waziristan in which 12
people were killed targeted men affiliated with the Maulvi Nazeer group
with which the Pakistani government entered into a peace accord in 2007.
The peace agreement, though imperfect, is holding as it enjoys
support of the Ahmadzai Wazir tribe inhabiting Wana and Shakai and has
1026

brought relative peace to these areas. In a recent drone attack in South


Waziristan, militants and commoners gathered to mourn the death of a
militant who was killed in a previous missile strike were attacked. It was
another instance of the US not even sparing a solemn occasion of
mourning The same principle was applied while attacking a mosque, as
was the case recently in Hassukhel village near Mir Ali town in North
Waziristan when 10 people offering early morning prayers were killed, or in
targeted missile strikes on funerals and jirgas.
In another recent case, rescuers too were attacked as the drones struck
the second time after 20 minutes, a tactic last seen in the summer of 2011
and not different from the militants strategy of exploding remote-controlled
bombs after ensuring that policemen and others have gathered at the spot of
the first bomb explosion. It is such tactics that make the ongoing battle
brutal as the militants also justify attacks on soft targets in which often noncombatants are killed and wounded.
Understandably, Pakistans reaction to the stepped-up drone strikes
has become louder in line with the intensity and frequency of the US
campaign The US was least bothered by the protests and its civil and
military officials continued to defend the drone strikes as effective and the
best weapon against the militants
Details also emerged in the US media that Obama was fully aware of
the civilian deaths in the drone strikes in Pakistan since the start of his
presidency and had gone ahead to authorize the widening of the definition of
the term combatant to include all adult males of military-age killed in these
strikes. Of the almost 330 drone hits in Pakistan since 2004, around 278
were ordered by Obama and the figure would go up in the run-up to the US
presidential election. As long as Obama is around, it seems US-Pakistan
relations may be temporarily repaired if ongoing efforts bear fruit, but would
continue to suffer from deep distrust. (Rahimullah Yusufzai, The News 9 th
June)
Why hanker after popularity? For the Pakistani liberals who
believe in the Gospel of Getting On, anything that offends America is a sin,
and pounce on our policymakers for doing so. Even if you were to say
everybody in Pakistan only hates America because Americans are so
universally liked, they would believe that too.
In a recent column in another national daily, one of this lot claimed
that the world is tired of our posturing and that our current stance was
damaging and self-defeating. He linked it to a recent BBC poll which
1027

lumped Pakistan with Iran as the least popular countries in the world, with
North Korea only a notch above.
International unpopularity bothers the liberals. Not for them the sage
advice of an erstwhile British foreign secretary that popularity is only a
virtue when you have it whether or not you seek it, otherwise seeking it is a
crime. They seek popularity avidly regardless, and are prepared to go to any
extent, including tolerating American slights and slurs to whatever is left of
our national honour and whatever remains of our sovereignty. And even if
that means falling in line behind America or aping the West and adopting
Western concerns, priorities and values as our own. Thats how, they believe,
we will cultivate a beneficial national image and also appear progressive and
modern.
But if truth be told, thats a ruse liberals need to calm their own fragile
psyches and their frustration and despair at a lack of control over their own
surroundings.
It would have been far more interesting to learn from them why all the
three countries on the bottom of the BBC popularity list are not only atop
Americas hate list, but also Obamas hit list. Is that a mere coincidence? Or
is their refusal to roll over and let the Americans ride roughshod over them
the real reason why the Western dominated international media is feeding its
international audience the trash it does about them day in and day out.
The reach and power of the Western media are no secret; nor their
biases. Americas media can turn a spy into a hero, a saint into a sinner and
George Bush into a statesman in a jiffy. And rather than the truth, all that
really counts for their publicly funded broadcasting services is the guidance
they receive from their donors.
The Murdoch investigation in Britain revealed to what depths even
seemingly responsible Western publications will sink to skew the news to
suit their proprietors interests Could, therefore, the responses elicited by
the BBC poll have been swayed by the bias of the Western media? And even
if the answer is no, should they not mention it as a possibility, if only to
appear fair and balanced? Instead they don sack cloth and ashes and begin
bemoaning Pakistans unpopularity and blaming Pakistan for the difficulties
that have arisen in relations with the US.
I recall President Kennedy telling an interviewer, while referring to a
sudden surge in his popularity ratings following the Bay of Pigs debacle:
The worse I do the more popular I get. In other words, its really all about
how the media plays it. Hence, why be swayed by BBC polls?
1028

And to insinuate, as liberals do, that America grants access to its


coffers depending on our ranking in the world popularity chart is nave.
When the US abandoned Pakistan in 1990 to clean up the mess left by the
Soviet invasion of Afghanistan we ranked very high in the world popularity
polls, but that wasnt worth a pitcher of warm spit to America.
As for US aid, we get that not because we are popular but because it
serves US interests Its a pity that knowing all this, our liberals continue to
dish out their tiresome homilies. They seem to have no idea what makes a
Pakistani a Pakistani. Perhaps thats because the Anglo-Saxon model
provides them a societal baseline (albeit, in the roughest and broadest sense)
because they have none of their own. Hence, they extrapolate cultural values
and norms which are alien to the environment in which they live and in that
way fill the societal void prevailing in their own lives. Needless to say, we
should not court popularity but act in our own best interests, notwithstanding
the hand-wringing and teeth-gnashing of our liberals.
The essence of a liberal thinker, said Bertrand Russell, is not what
opinions are held but how they are held; instead of being held dogmatically
they should be held tentatively, so that new evidence may at any time lead to
their abandonment. Our liberals however clutch on to their thoughts like
pagans did to their shibboleths concerning a lunar eclipse.
Lets take an example: our liberals decry the possession of nuclear
weapons. Nuclear weapons are indeed best avoided; however, in our case
acquiring what our enemies possess and brandish menacingly was hardly
unjustified. We would have been invaded by our larger neighbour on several
occasions in the past had we not possessed a deterrent So if a former
Pakistani diplomat, albeit needlessly why state the obvious pointed out
that in case of an attack we could retaliate with the weapons we possess,
thats no reason to recoil with shock and horror. Surely, thats the first thing
that an adversary must take into account when planning an attack on a
nuclear-weapon state.
The real lesson both Pakistan and the US should learn is to manage
their hatred for the other and not let it get out of hand. In this regard, George
Washington had some sage advice: The nation which indulges towards
another a habitual hatred or a habitual fondness is a slave. It is the slave to
its animosity or to its affection, either of which is sufficient to lead it astray
from its duty and its interest. As for the BBC popularity poll, bin it. (Zafar
Hilaly, The News 10th June)

1029

Panettas hubris: Pakistan must be grateful to US Defence Secretary


Leon Panetta for articulating a clear, unambiguous US line of action in
regard to Pakistans perceived inability to proceed against groups that the US
sees as dangerous to its forces operating inside Afghanistan and which are
supposedly based in the tribal areas.
Now is the time for Pakistan to place its cards on the table and
challenge the wholly unsubstantiated assertions of a frustrated man. If the
Pakistani establishment rushes to do damage control or launches another
determined campaign of appeasement, the US bullying is only expected to
grow in intensity and ferocity. That is the lesson of history.
The fact that the defence secretary chose to deliver his warning to
Pakistan from Delhi and Kabul is significant. That was intended to reinforce
his tough message to the rulers of Pakistan. Panetta said the US is running
out of patience with Pakistan. In the ongoing war on terror, has the US ever
displayed patience, shown any deference to Pakistans interests or respect for
its sovereignty?
Whether it is the incessant drone campaign that has killed hundreds of
innocent people, including women and children, limited ground incursions
inside Pakistani territory, a raid deep inside Pakistani territory to eliminate
Osama bin Laden and making a mockery of the notion of Pakistans
sovereignty, the US has never vacillated in its resolve to do whatever it
considers best for its own interests. So where has it exercised patience? Let
us examine the claim that some militants who are inflicting pain and misery
on the coalition forces in Kabul are operating from sanctuaries located in
the tribal area on Pakistani-Afghan border.
One may ask: on how many occasions in the past ten years have the
US forces or their Afghan counterparts been able to intercept, confront,
capture or kill those who intrude into Afghanistan, travel more than a
hundred miles inside Afghan territory, carry out operations and then safely
return to their hideouts in the tribal areas, again traversing a distance of more
than a hundred miles?
This failure seems more enigmatic, considering that the coalition
forces number Also consider that these forces are equipped with the most
sophisticated weapons and they function with the help of a vast surveillance
network, radars and a comprehensive human intelligence apparatus.
And there is another dimension to this bizarre theory of sanctuaries. If
the sanctuaries do exist, as the defence secretary claims, how and why have
the hundreds of US drone strikes missed such targets for a whole decade?
1030

When mosques, houses, markets, vehicles, schools, weddings and funeral


processions could be targeted and hit with such accuracy, how could the
terrorists hideouts and sanctuaries be spared? Hitting sanctuaries should
have been a top priority for the CIA drone campaign managers. This exposes
the absurd rationale of the whole fragile theory that is woven around wholly
baseless assumptions.
But this is repeated ad nauseam because Islamabad has never been
able to confront its American interlocutors with facts and ground realities
On June 9, there was a deadly attack on French soldiers in Kapisa province,
which neither has a border with Pakistan nor has any substantial Pakhtun
population. And who are targeting the coalition forces on a daily basis in
such regions as Qundus (bordering with Tajikistan), Herat (bordering with
Iran), Jozjan (bordering with Turkmenistan) and such areas as Sare Pul,
Ghazni, Lugar and Wardak which have no border with Pakistan.
Panetta, who is now calling the shots as far as the war theatres of
Afghanistan and Iraq are concerned, must be under considerable pressure to
deliver an emphatic victory at least in some sector of Afghanistan
Pakistan must be able to see the emerging mayhem in Afghanistan which a
residual force of 25,000 US troops after 2014 will not be able to contain or
handle. The Doha peace process is as good as dead. In any case, Mullah
Umar has now decided to discontinue any future parleys with the US, having
realized according to some reports that these are gimmicks aimed at creating
a rift in the ranks of the resistance. To an extent the team that is based in
Doha has lost its relevance for the leadership of the resistance.
These are grim and painful developments. As well as confronting the
US position with the help of solid evidence and facts Pakistan must also take
a more robust part in initiating a serious dialogue between the US and the
resistance, exploring the solid basis that exists for working together: no alQaeda in future Afghanistan and no use of Afghan soil against any other
country. As Pakistan undertakes this stupendous task it would learn very
soon that common ground has existed between the position of the US and
the resistance that has not been tapped into for many years.
But the success of such an effort would depend on whether the US is
willing and prepared to withdraw all its soldiers, trainers, advisers within a
stipulated period of time. Insurgency with all its attendant consequences will
not end unless the US agrees to a complete pull-out of its forces of all types.
Would the US listen? (Rustam Shah Mohmand, The News 12th June)

1031

Memo Commission report: The memo commission has submitted


its findings to the Supreme Court that has ordered it to be made public. The
report holds Hussain Haqqani responsible for penning the memo. Among
other charges, it states that the former Ambassador has been disloyal to his
country and acted as though he was watching the interests of the US. The
report vindicates the position taken by the army and the ISI. Mr Haqqani,
however, has stated that commission is not a court and he will still fight his
case in the SC that has already demanded his presence in the next hearing.
The report has also drawn reaction from Asma Jehangir who stated that her
former client was not properly heard during the proceedings. On the other
hand, the PML-N has called for putting on ECL the names of all those
involved and initiating of the treason charges against them.
Making the report public would be a welcome departure from the
tradition of hushing up previous reports of national importance. The SC
constituted the commission to carry out the investigations which it
successfully did after holding 24 sessions and recording interviews and
collecting forensic data. Its findings carry weight and cannot be disregarded
by Mr Haqqani. It is now the courts turn to dispense justice in light of the
evidence presented to it. (Editorial, TheNation 13th June)
Memo commission report: The report of the judicial commission
tasked to look into the claims of a Pakistani-American businessman who
says he delivered a controversial memo to Admiral Mike Mullen is now
out The court has now directed Haqqani to appear before it at the next
hearing, which will be held in two weeks. So far, Haqqani has only
responded to the report on Twitter, tweeting that the panels findings are
political, not legal. Haqqanis counsel Asma Jahangir has also said that the
memo commission was biased and had prepared a report without hearing
Haqqanis point of view.
It is unfortunate that Haqqani and his legal team, comprised as it is of
some very eminent lawyers, is calling into question the integrity and honesty
of a commission And while the commission had directed the foreign
office secretary to brief it about the funds Haqqani had used during his
tenure, this information was also never furnished. And yet, when the report
has come out after painstaking efforts on the part of the three justices,
Haqqani is crying foul. The court now has the report in hand and in the days
to come, according to the CJ himself, a larger bench will be analyzing and
further determining the facts contained within it and on this basis possibly
frame formal charges against Haqqani. All involved must cooperate with the
SC as it engages in this exercise of determining facts once and for all and
1032

not drag the memo mess on any longer. Enough time has already been
wasted in histrionics and prevarication. If the larger bench too finds Haqqani
guilty, he must submit himself before the law of the land of his birth.
(Editorial, The News 13th June)
The Afghan policy shift: The media was given the wrong perception
that Zardari requested participation in the Chicago conference. This is also
wrong that Pakistan demanded $5,000 dollars per container. The only fault
of the Pakistani government is its failure to properly use the international
media in presenting its stance. In fact, the proposal for tri-lateral negotiations
at the Chicago conference was presented by President Obama at the Seoul
conference to Prime Minister Gilani. Later, the US denied the invitation and
conditioned it with the opening of the supply routes of NATO. Pakistan
refused any conditional participation and thus Pakistan was invited by the
NATO secretary general unconditionally.
At that stage the US expected the opening of the supply route before
the Chicago conference. However, when Pakistan showed no intention, the
US refused to participate in the trilateral meeting at Chicago. Besides, in his
meeting with Hillary Clinton at Chicago, Zardari not only reaffirmed
Pakistans stance on an official apology on Salala but also stressed other
demands. This resulted in an uproar in Washington against Pakistan. Now
the US is determined to achieve all its objectives in Pakistan, including
reopening of the NATO supply route, but not with concessions.
The Pakistani response indeed has disturbed US and stunned the
international community. However, the most disappointing aspect is its
spontaneous nature. All this is not the result of some calculated effort and set
objectives. Rather, it is a by-product of the institutional tug-of-war and the
effort to gain political mileage. Before the Chicago conference, statements
issued by the Cabinet Defence Committee and certain officials resulted in
the impression that once again Pakistan has surrendered. While at Chicago
our president demanded an apology from the US, our prime minister
declared that an apology could not bring back our soldiers. In this tense
situation, about two dozen CIA agents were caught. However, they were
handed back to the US silently. Though there was an option that those agents
could be presented to the media.
The situation is tense and sensitive. Indeed, at any time our
government could surrender and show its willing to work on previous terms
and conditions. (Saleem Safi, The News 13th June)

1033

The Pak-US deadlock: The issue of transit fee could have been
resolved amicably if America had initiated some confidence building
measures. But it decided to send the US Assistant Defence Secretary, Peter
Lavoy, to Pakistan to hold negotiations with the government. But Pakistans
Army Chief of Staff General Ashfaq Parvez Kayani refused to meet him
because, according to the officials, one cannot pretend that it is business as
usual when the Americans have taken several unilateral and hostile actions
against this country. In the past, General Kayani was considered to be overly
generous to the US a concept that was widely believed by the majority of
Pakistanis. While Lavoy succeeded in meeting Pakistans Finance Minister,
he failed to make any headway with its military leadership.
It is unfortunate that Washington wants to create a false impression
among the Americans that would help President Barack Obama to win
another term in office. Their mechanism has failed to recognize the
requirements of the Pakistani government and its people, and continues the
policy of unilateralism that may have little success at least in this part of the
world. This stalemate has continued for a period of time that will hurt not
only Pakistan, but also have a long-term impact on the Pak-US relationship.
In case efforts are not put in place to rectify the situation, the Americans will
soon realize the futility of their policies and the damage they have done to
this vital and strategically important region.
The Americans, who are shifting their focus to the Pacific and Indian
Oceans, must recognize that for their new policy to succeed, they will have
to take Pakistan on board. To achieve this objective, it is not feasible to
ignore or damage the interest of Pakistan. The best possible solution to the
current state of affairs may well be through backdoor diplomacy, so that a
point of no return does not arise. How far the Pakistanis or the Americans
will be willing to accommodate each other, the coming days and weeks will
tell. One thing that remains certain is that both Pakistan and the US cannot
afford to ignore each other, at least not in the present global
scenario. (Azam Khalil, TheNation 13th June)
A blow to the system: Asma Jahangir: If she really faced what she
describes as a credible threat to her life, a lawyer like her would know that
the first thing to do was to report it to police.
But she didnt and her excuse is not very convincing. The manner in
which she immediately reached out to foreign media outlets to accuse
Pakistans military was too organized to be a panic attack. Its obvious that
the lines between Ms Jahangirs work as a biased political activist and
1034

supporter of the Zardari government and her work as a rights activist have
become blurred.
Shes been crying wolf against Pakistans military for a long time
now, and mostly for political reasons. Her crude anti-military remarks during
Husain Haqqanis trial prove her political bias.
The Defence Ministrys statement challenging her to register a police
case was a right move, but the military institution should legally counter
such blatant politically-motivated attacks, which recently have been in sync
with the attacks on our military and intelligence from foreign governments
that have their own agendas.
Memogate: The now famous anti-Pakistan memo seeking US role in
senior appointments inside Pakistans military and intelligence agencies was
a breathtaking example of treason by any standard in the modern world
history. Husain Haqqanis indictment should not close the case.
The probe should now be expanded to find out his accomplices inside
Pakistan. Who were the members of the new national security team that was
proposed to take over with a foreign nod had the memo been acted upon?
The former envoys spouse had access to the president as his media
adviser. The security breach warrants a wider probe now that the question of
Haqqanis culpability is settled.
The US: Let me break a piece of news here. One of the key dealbreakers in the Pak-American talks on restoring the NATO supply line was
the question of inspecting the containers entering and exiting Afghanistan
via Pakistans territory.
The Pakistani side suspects the weapons and other war material in the
containers reached anti-Pakistan terrorists in Balochistan and the tribal belt
in the past. Pakistani negotiators wanted a foolproof way of ensuring that the
material inside the containers does not leak inside Pakistan.
Of course its not possible to monitor every container once inside the
country. So the best way to go was to check the containers at entry and exit.
Strangely, the Americans initially refused and then insisted that scanners to
check the containers would come from the US.
No they wont, said the Pakistani side, adding were free to procure
the scanners from anywhere we want, including China. So, what is the US
government really hiding here? (Ahmed Quraishi, The News 14th June)

1035

Memo Commissions report: While commenting on the report,


Haqqani said that the commissions proceedings were one-sided, as it
refused to hear him and will be challenged by his lawyer. But, in Pakistan,
not many will believe him. Haqqani was, indeed, given a chance to appear
before the court and clear his position, but he did not avail. Before leaving
for the US, he had promised that he would appear before the court on a fourday notice, but he did not honour his commitment. He also did not cooperate
during the hearing because he refused to give the pin codes of two
blackberries saying that he has lost them. There is a perception that even if
Haqqani could prove that he was not involved in the memo scandal, his role
in the issuing of visas to CIA operatives and his book, titled Pakistan
between Mosque and Military, in which he demonized Pakistan and its
institutions, are enough to put him in the dock.
It has to be recalled that the memo had accused General Kayani of
planning to bring down the government in the aftermath of the May 2 raid. It
said: The government will allow the US to propose names of officials to
investigate Bin Ladens presence in Pakistan, facilitate American attempts to
target militants like al-Qaeda leader Ayman al-Zawahri and Taliban Chief
Mullah Omar, and allow the US greater oversight of Pakistans nuclear
weapons. Also, by going through the last two pages of Haqqanis book one
can conclude that he authored the memo. It attempts to trace the origin of the
relationship between Islamist groups and the military, thus disparaging
Pakistan and its army.
Anyhow, people feel aghast and miffed over the May 2 incident and
the attack on Salala that violated Pakistans sovereignty. They stood
nonplussed, completely at a loss to comprehend the shenanigans of their
rulers across the spectrum, and deeply worried at the nonchalant way their
country is being dragged to a perilous precipice. While the US-led NATO
aggression on the Salala check posts left them with concerns about security,
they have been agitating on the streets on a daily basis to ventilate their
anger at this naked aggression. They contemptibly see the leaders divisive
politics and their power games in a full-blooded play. To cope with the
storms gathering outside our borders against us, the nation needs a measure
of internal unity and cohesion. (Mohammad Jamil, The Nation 15th June)
Memo Commission Report: The release of the long overdue Memo
Commission Report on June 12, coinciding with the appearance of Malik
Riaz in the Supreme Court, whereby the tycoon claims to have injected over
Rs39 crore to subvert the judiciary, once collectively viewed, is symptomatic
of an unfolding diabolic design to discredit, compromise and contaminate
1036

major state institutions of Pakistan. While the writing of a memo by Husain


Haqqani to Admiral Mike Mullen was an attempt to marshal US support to
cut the Pak Army down to size and denigrate the security of Pakistans
strategic assets, Arsalangate is manifestly primed to sully the shining
credentials of the judiciary, which has emerged as a major bulwark in
stemming the rot threatening to inundate Pakistan
The findings of the Supreme Court appointed commission came at an
important time to douse the flames of propaganda against the army and the
ISI, by upholding the incontrovertible genuineness of the memo and
nominating ex-Ambassador Haqqani as its originator. Its findings have
raised serious questions about his motives and loyalty, whereby he seemed
to be working in close alignment with the US objectives and dovetailing his
personal ambitions into a US sponsored design for Pakistan. He attempted to
create a scenario, whereby an unfettered friendship between the political
leadership and the US administration could be ensured by sidelining the
army so that a foreign country with impunity could meddle in and run our
[Pakistans] affairs. Quixotically, he sought to set up a national security
team to take care of the projected Pak-US relations in which he sought the
top slot himself.
While looking back at the eye-opening findings of the Memo
Commission one has to be cognizant that but for the firm stand taken by the
army and the ISI, the reality of the memogate would never have seen the
light of the day. By steadfastly taking a stand and in face of torrential
propaganda by vested interests, at home and abroad, the Pak Army and ISI
stood their ground that it was a real, deliberate and deep-seated conspiracy,
rather than a figment of imagination or a poorly fabricated charade to
destabilize the political dispensation. The writing on the wall is there for all
to see. The Supreme Court has now ordered Haqqani to appear before it to
answer about the commissions findings. It is a moment of truth and a test of
character for the accomplished academician and diplomat reputed to have
the golden tongue and a fertile penchant for intrigue and bluster. (Momin
Iftikhar, TheNation 18th June)

Afghanistan
Loneliness of Afghan President: Karzai on his own: Karzai was
never really meant for power. The middle son of an influential tribal leader
from Kandahar, he was sent to study in India in 1976, where he embraced
Gandhis philosophy of non-violence and, to a certain extent, Vegetarianism.
(In a country where the powerful eat meat at nearly every meal, Karzai
1037

notably limits his consumption and that of the palace to three days a
week.) When an international conference on Afghanistan appointed Karzai
interim President in 2001, it had little to do with his leadership abilities. He
was the lowest common denominator, inoffensive in a country plagued by
ethnic divisions where few leaders could boast clean hands. Karzai is a
good person, pure and sincere, says former Afghan President Sibghatullah
Mojaddedi. But he is not a person who is really strong, who can be a big
man and control everything in the country. At the same conference, Karzai
was presented with a ready-made Cabinet designed to balance ethnic
rivalries for power. It would soon become a liability. He had no political
power and no ability to direct, or sack, members of his Cabinet. When
Karzai was elected in a landslide in 2004, he could have taken a stand,
dismissing the power-seeking warlords and political operatives that had
corrupted his Cabinet. But by then it was too late. He cant be blamed for
how he got his start, says former spokesman Waheed Omar. What he can
be blamed for is that when he got into a position where he could reverse
those early, bad decisions, he did not.
The result has been an inconsistent Afghan government that lacks the
enforcement power needed to root out corruption and put an end to opium
farming and heroin trafficking The irony is that with no party and no
natural constituency in his native country, Karzais power has largely
stemmed from his ability to command international forces and funds. With
both vanishing by the day, Karzai is finding that his needs may be diverging
from those of his nation. In order to keep Afghanistan on a stable path, he
will have to sublimate self-interest to the greater good.
The early indications are not promising. Andrew Wilder, director of
the Afghanistan and Pakistan programs at the US Institute of Peace, cites the
US-Afghan Strategic Partnership Agreement, which was signed in early May
after a contentious process. Karzais insistence that certain elements of the
compact-which lays out security and economic relations between the two
countries for another decade-be put aside for later consultation appeared to
be a stalling tactic designed to preserve his own power for at least another
year, at the expense of Afghanistans security
Karzai says he is troubled by Afghan fears that the NATO withdrawal
will bring a Taliban conquest in its wake. He chalks it up to media
propaganda seeking to justify a continued international military presence in
his country. Karzai believes the departure of NATO will mean that the bulk
of the Taliban will no longer have a reason to fight. When [NATO leaves],

1038

the Afghan people will be more effective in their fight against terrorists, he
says emphatically. So I have no worry about that.
But Karzai may be out of touch with whats actually happening in his
country. Security restrictions keep him bottled up inside the presidential
palace. Its been seven years since Karzai last walked around his capital,
seven years of assassination attempts, bombings, attacks and riots. Still, he
says he longs for nothing more than a stroll down the newly paved streets, a
moment to consider the crystalline growth of blue-glass office blocks and
half-finished shopping malls that are the hallmarks of Afghanistans faltering
wartime economy.
In two years, Karzai will get his wish. By law he will have to step
down at the end of his second term, clearing the way for Afghanistans firstever democratic transition of presidential power. Even though speculation is
rife that Karzai will attempt to prolong his presidency, he says he has no
intention of staying a day longer than his allotted term. Beyond that I will
be illegitimate, he tells TIME. But while Karzai may be willing to leave the
palace, hes not entirely willing to relinquish power at least not yet.
Finding a successor, he says, is one of my perhaps most important
responsibilities but does Karzai want a strong successor, or just a weak
proxy?
Afghanistan will be vulnerable enough once foreign troops depart, but
if Karzai continues to manipulate the levers of power, the outcome may be
even worse. If there isnt a credible election, this could be another fault line
for greater instability, says Zalmay Khalilzad, a former US ambassador to
Afghanistan. Whether Karzai can stand back and let the Afghan people
decide where they want to take their country, or whether he might swing the
election illegally, will determine the future of Afghanistan as much as the
contentious debate over how many foreign troops should stay on past 2014.
The best thing Karzai can do to be a historic figure is to allow a
peaceful transfer of power and not go the Putin route, says US Senator
Lindsey Graham, a Republican highly involved in Afghan policy. [Karzai]
does have the right to help pick the next President, but if they try to do it in a
way thats outside good business practices, it will ruin his legacy. Karzai
himself knows the next two years will be decisive for his career and his
country. Eventually its the Afghan people and what they do that will
determine the future of Afghanistan, he says. If we as a nation do the right
thing and establish a government that is in the service of the Afghan people,
we would not at all be damageable. The question, after all this time, is
1039

whether Karzai is the person to do it. (Aryn Baker for TIME, reprinted in
TheNation 5th June)

Iran
What is US game plan? So what is Obama up to? He seems to have
adopted Israels hard-line view that Iran should be compelled to close down
its nuclear industry completely a clear deal-breaker. It is not all together
clear whether he is doing so to counter accusations of weakness from his
Republican challenger Mitt Romney or whether his hard, uncompromising
line is intended to stave off Israels much-trumpeted threats to attack Iran in
the coming months which, in view of the American electoral calendar, would
inevitably suck in the US.
Obama has already joined Israel in clandestine warfare against Iran. In
a major article last week in the New York Times, David E Sanger revealed
that from his first months in office, Obama secretly ordered increasingly
sophisticated attacks on the computer systems that run Irans main nuclear
enrichment facilities ... The US and Israel then jointly developed the cyberweapon Stuxnet, which caused considerable damage to the centrifuges in
Irans Natanz facility.
By any standards, launching Stuxnet against Iran was an act of state
terrorism. That Israel should engage in such practices is not surprising: its
entire regional policy is based on subverting and destabilizing its neighbours
so as to ensure its own supremacy. But how can the US, which claims to be
the supreme guardian of international order, justify such lowly behaviour?
Not content with sabotaging Ashtons efforts, Obama is also
undermining Annans difficult mission in Syria In short, Obama seems to
have embraced the argument of Israeli hawks and American neoconservatives that bringing down the Syrian regime is the best way to
weaken and isolate the Islamic Republic of Iran, sever its ties with Lebanese
and Palestinian resistance movements and eventually bring about a regime
change in Tehran.
The puzzle is to understand what has happened to Obama. This former
professor of constitutional law was expected to correct the flagrant crimes of
the Bush administration, such as the horrors of Abu Ghraib and Guantanamo
Bay, the water-boarding, the network of secret prisons where torture was
routine, the practice of extraordinary rendition. Instead, by his own violent
and questionable acts, he is widening the gulf between the US and the
Muslim world (Patrick Seale/Gulf News, reprinted in TheNation 9th June)

1040

India
Changing world scenario and Pakistan: In this scheme of
engaging and containing China, how is India figuring out its place and
role? Indias veteran journalist, C Raja Mohan, in a column in the Indian
Express has spelt out how New Delhi might chart its future course in the
new security context. Raja refers to the US-India defence cooperation
launched in the middle of last decade and mentions about the foundational
agreements with Washington, which include the Logistics Supply Agreement
(LSA), the Communications Interoperability and Security Memorandum
(CIS-MOA) and the Basic Exchange and Cooperation Agreement (BECA).
He points out the need for a more purposeful and cost conscious
approach to military modernization and long-term defence industrial
cooperation with the US. Recognizing American exhaustion after two
prolonged land wars and faced with the challenge of the emerging Chinese
power, Raja undertakes its perceptive review of Indias role in the changing
scenario. His analysis in his own words merit careful reading Now Rajas
recommendations:
One, the US and India must lay the basis for greater defence industrial
collaboration, co-production of weapons systems and joint research in
advanced areas.
Two, India and Afghanistan must coordinate their policies and
institutionalize consultations on the security situation there: Washington has
begun to acknowledge Rawalpindi as a major obstacle to its goals in
Afghanistan.
Third, India and the US have to work together in maritime security.
They have to devise a framework for operational cooperation in the waters
of India and Pacific Ocean.
Lastly, India and the US have a common interest in constructing a
stable balance of power in Asia. New Delhi and Washington must now
translate their political declarations into credible security cooperation in the
region.
Is our government (and what a government we have in Islamabad!)
and in particular our Defence and Foreign Ministries taking notice of the
new global security moves and how Pakistan is to play its role in the
changing circumstances? The less said about it, the better!
Panettas statements about Pakistan in Singapore, New Delhi and Kabul are,
to say the least, alarming. He ridiculed Pakistanis for remaining ignorant
1041

about Osama bin Ladens presence in Abbottabad and the American raid on
his residence (he literally laughed while speaking about the country). This,
indeed, was in bad taste. To use threatening language like we are losing the
limits of our patience, and that Pakistan is helping al-Qaeda in FATA to
attack the American forces in Afghanistan, while visiting India shows how
crude and unmindful a high American official can be about the sensitivities
of a country, who, over the years, has done so much and suffered so heavily
in helping the US fight the war against terrorism.
One may recall that it was Mr Panetta, who in his capacity as the CIA
Director started stepping up the drone attacks in Pakistan Panetta did not
confine himself to take Pakistan to task for not acting against al-Qaeda
elements in Pakistan while justifying drone strikes, he (knowing well that it
would hurt and antagonize Pakistan) exhorted India to deeply involve itself
in the Afghanistan affairs. Remarked Panetta in New Delhi: I have urged
Indias leaders to continue with additional support to Afghanistan through
trade and investment, reconstruction and help for Afghanistans security
forces.
Pakistan stands condemned in Washington and is, more or less,
isolated in the Western world. India today is Americas bosom friend and
partner. Both think alike and consider Pakistan an obstacle in the way of
achievements of their goals.
Internally, considering the dreadful conditions prevailing in most of
the country, Pakistan is on the brink of an implosion Imran Khan should
rise to the occasion, discipline his ego, mobilize the opposition and organize
a massive movement for putting in place an interim national government,
which is commissioned to hold general elections within three months. The
army must remain away from politics, but fully cooperate with the interim
administration. (Inayatullah, TheNation 9th June)

REVIEW
The report of the judicial commission on Memogate Scandal was an
important event of the period under review. The findings of the commission
have been quite categorical. The commission found that Haqqani wanted to
create a niche for himself and make himself indispensable to the Americans.
He disregarded that his loyalty could only be to Pakistan. Haqqanis
proposed national security team to a foreign government sought to bring
Pakistans nuclear assets under a more verifiable, transparent regime. He
1042

offered to eliminate Section S of the ISI. These, according to the


commission, were acts of disloyalty to Pakistan.
The court ruled that prima facie Husain Haqqani had to answer about
the findings recorded by the commission. The court summoned him to
appear before the court on the next date of hearing and directed Attorney
General to make the report public. Will Haqqani come to Pakistan?
The findings of the court are quite logical and emphatic and warrant
initiation of criminal proceedings against the culprit. However, some
experts like Rauf Klasra from Seraiki belt had the reservations about
commissions observations regarding appointment of Haqqani as
Ambassador to Washington.
There was only one shortcoming in the report that it did not push the
buck beyond Haqqani. It was desirable that the findings should have been
stretched up to the prime suspect. In other words, it was imperative to say
about Haqqani-Zardari nexus, rather than inferring that Haqqani had acted
on his own.
Perhaps, the spirit behind saying so was the same which the people
have been hearing for the last three years: not to destabilize the democratic
system in the country. How could he act without orders from Zardari, when
even the Prime Minister has never dared to do anything without explicit
permission of the Don of Democracy?
Zardari had appointed Haqqani as ambassador in Washington as part
of his master-plan for exacting democratic revenge. Army and ISI are the
prime targets within this master-plan where-in the US and Zardari are on the
same page and Haqqani is trusted by both. He has been delivering things to
the satisfaction of both the masters as could be seen from the attempt to
place ISI under home ministry, issue of visas to CIA agents, Kerry Logar
Bill and so on.
Nevertheless, Judicial Commission probing Memogate scandal has
delivered despite regimes delaying tactics, but the other commission
probing Abbottabad raid has yet to finalize the report. Perhaps that
commission has bogged down in reconciling that how could a six foot eight
inches tall man could stay under a six foot high roof for years at a stretch
and he had only one set of clothes which was taken away with his dead
body.
19th June, 2012

1043

NOTE
The experiment of serially numbered captions or headings of periodic
reviews of the ongoing war, demarcated into three geographic
compartments, has proved to be quite dull and dry. The numerically
numbered captions did not give any possible indications to the reader of the
contents of each review.
This is being abandoned as far as war within is concerned and
reverting back to previous practice of choosing a heading appropriate for the
events of period under review or simply choosing a significant event or
decision of that period as heading of the review.
In reviews of war in the region and around the globe will continue
to be serially numbered for a while. The change in their respect will be
considered after completion of the current set of nine volumes; the present
practice could be abandoned in the case of one or both.
28th June, 2012

1044

LAMBS LINED UP
It is the talk of the town called Islamabad that man residing in the
Presidency sacrifices a black goat everyday to keep him safe from the evil
forces; though this House is itself in occupation of such forces.
Nevertheless, the ritual goes with far more punctuality than observance of
other religious rites.
It is not black goats that are the only sacrificial animals slaughtered
by the head of the state called Islamic Republic of Pakistan. In the nearby
building of National Assembly he has maintained a farm with plenty of
lambs to sacrifice them to keep away the evil spirits occupying the adjacent
building; the Supreme Court of Pakistan.
When Yusuf Raza Gilani was slaughtered, another Makhdoom stepped
forward for the holy ritual, but his qurbani was not yet ordained as warrants
of his arrest were issued by a magistrate as he was filing his nomination
form in the National Assembly. Another one by the name of Raja Rental was
had already been lined up behind him as reserve. As Shahabud Din went on
the run to Peshawar High Court, Qamar Zaman Kaira was brought forward
to stand behind Raja Rental.
When the Supreme Court had at last disqualified Yusuf Raza Gilani
and hopefully brought an end to MBBS (Meyan Bewi Bajoon Samait)
1045

plundering, the convict disappointed the nation by predicting that he would


be replaced by a man like him. Murshad Gilanis prediction came true more
than what it meant; he was replaced by well-fed Raja Rental.

NEWS
Power politics: On 20th June, the coalition partners finalized the
name of Makhdoom Shahabuddin as the countrys new prime minister.
Stories about Makhdooms alleged involvement in the ephedrine case also
kept circulating, suggesting thereby that he may not be the candidate for the
premiership.
The coalition partners were not concerned with the new prime
minister rather their focus was on the fulfillment of the promises and
commitments made with them by their senior coalition partner. And if past
practice is any guide, they (coalition partners) would continue to look
toward the Presidency for furtherance of their alliance and fulfillment of
their promises instead of opting to the Prime Ministers House.
Earlier at the parliamentary party meeting, co-chaired by President
Zardari and former premier Gilani the party MPs were all praise for Gilani
for upholding the supremacy of the Constitution and sacrificed his political
career on principles and party interests. We accepted the judiciarys ruling
for continuity of democratic process in the country and we dont want
confrontation between institutions, Zardari said.
Syed Khursheed Shah told reporters that the election for the new
leader of the house would be held on June 22 for which President Zardari
has summoned the National Assembly session at 5pm. the nomination
papers shall be delivered to the National Assembly secretary by 2pm June
21.
The main opposition party in the Parliament, PML-N, which held an
informal consultative meeting chaired by Nawaz Sharif, offered an olive
branch to the ruling coalition partners to field a consensus candidate, sans
PPP, in a bid to get rid of inept and corrupt regime. In this connection, the
PML-N contacted MQM and ANP in addition to small opposition groups,
including JUI-F and PPP-Sherpao, but failed to get the desired response so
far. PML-N might nominate its MNA Mehtab Abbasi as a candidate to
contest election for the leader of the house.

1046

Munawwar Hasan saw no chance of the general elections being held


during the current year. However, the government may go for the local
elections during the next few months. Replying to a question, he said all
parties, big or small, were in need of electoral adjustments at the national
and local levels.
The ruling PPPs muted response to the ouster by the Supreme Court
highlighted the cardinal principle of government under (President Asif Ali)
Zardari: ensuring his political survival, even at the cost of sacrificing his
most loyal lieutenants, New York Times reported. Others have already
fallen, mostly at the hands of the court, the newspaper added.
Sadly, the democratic process may prove short-lived, Asma Jahangir
wrote in a Pakistani newspaper. The (military) establishment has played its
cards well. It has masterfully used the hands of civilian institutions to cut
each other down to size. The Wall Street Journal agreed with Asma by
saying that unelected elites had delivered a blow to democracy and termed
it as a judicial coup.
Next day, the PPP made a last minute adaptation to the erratic
circumstances by changing its man to be chosen for the top slot. Raja
Pervaiz Ashraf emerged to be the final choice, after issuance of nonbailable arrest warrant issued by a Rawalpindi court for leading candidate
Makhdoom Shahabuddin. His nomination papers were filed though and
accepted, after speaker set aside PML-Ns plea that his nomination be
rejected on the grounds of his involvement in ephedrine scam.
The MQM opposed the former water and power minister for his
alleged involvement in the rental power corruption case and favoured Qamar
Zaman Kaira, whose nomination papers were filed as a covering candidate,
just an hour before the deadline for filing of the nominations. Leadership of
PML-Q came up with a big no against Kaira, but to give an affirmative nod
in Rajas favour. The ANP in this whole scenario pursued the policy of
supporting the PPP as a party instead of any individuals.
Earlier, talking to newsmen outside the parliament house after filing
his nomination papers for the office of prime minister, Shahabuddin said that
after taking oath he will consider whether a letter be written to the Swiss
authorities for opening the case against the president or not. He denied there
was any specific allegation on him in ephedrine case.
In addition to PPP candidates, nomination papers were also filed by
Sardar Mehtab Abbasi of PML-N and JUI-F chief Fazlur Rehman. The
candidates, whose nomination papers are found in order, will be eligible to
1047

contest election for the office of the prime minister. However, any candidate
who desires to quit the contest can withdraw his nomination papers any
time.
Punjab Governor said that no PPP Prime Minister would ever write a
letter to the Swiss courts, no matter how many Prime Ministers get sacked
[by the judiciary] in the process. The Governor grilled the judiciary for what
he called selective accountability of the PPP. He complained why only the
cases pertaining to PPP leaders were being taken up by the judiciary.
On Arsalan case, Khosa criticized the Chief Justice for not deciding
the case of his son who, according to him, had himself admitted that he had
earned Rs900 million in the last four years. Arsalan loses 10,000 pounds in
gambling in one night and the father is unaware of the activities of his son.
The nation wants to know how a grade 17 officer became a millionaire after
quitting the job, he remarked, adding, that people also wanted
accountability of Arsalan.
Nawaz Sharif said instead of making prime ministers scapegoats,
President Zardari should bring back Rs6 billion from foreign accounts and
spend the same on peoples welfare. He said Gilanis sacrifice was not for
any noble cause but it was to cover up six billion rupees corruption money.
He said the government was disrupting the entire democratic process by
trying to cover up the money that was taken as commissions and kickbacks
by President Zardari.
Imran Khan said President Zardari and Nawaz Sharif are responsible
for the present disastrous situation in the country. Speaking to media persons
at Karachi Airport, Imran Khan said that the new prime minister would be
another servant of Asif Zardari, saying that the government did nothing for
the common people in its year rule.
The Punjab Assembly virtually turned into a battlefield when
members of Treasury and Opposition engaged in hand to hand combat over
vulgar remarks of Unification Blocs Sheikh Alauddin that he made about
the women MPs of the opposition during the previous session.
Sheikh Alauddin who sparked the clash June 20 was not seen
anywhere around as Speaker suspended his membership for the current
session. He had used immoral language the other day against women
members of the opposition, particularly PML-Qs Seemal Kamran. The
Speaker suspended Seemal membership for the ongoing sitting of the house
as well.

1048

During the brawl, PML-Q member Khadija Umer received several


slaps from treasury women members, while treasury member Amjad Mayo
lost his shirt during the process. Ms Rahat, another treasury member, missed
her chance to slap an opposition member as she lost her balance in the tug-of
war between the two sides. The chaos continued till the Speaker adjourned
the session for 15 minutes. Seemal fell unconscious at the assembly stairs
after about four-hour long protest against barring her entry into the house.
Rescue 1122 moved her to a local hospital.
On 22nd June, the PPP maintained its hold on the top executive slot of
the country as its candidate Raja Pervez Ashraf was elected as the Prime
Minister of Pakistan. The runner-up, Sardar Mehtab Abbasi of the PML-N,
lost with 89 votes. JUI-F chief Fazlur Rehman, the third candidate, withdrew
his candidacy. Raja took oath of his office along with his federal cabinet at
the presidency later at night.
Faisal Saleh Hayat of the PML-Q was the last MNA to cast a vote.
Faisal, who earlier said he will not be a minister if Raja Pervez Ashraf
becomes the prime minister and refused to vote for him, however, voted for
Raja on the request of Pervaiz Elahi, who will be made a senior minister.
Before the voting, Humayan Akhtar announced that six Likeminded
members will not attend the NA session. A PPP MNA Syed Nasir Ali Shah
said he will boycott the session.
Earlier a PML-N delegation met with JUI-F chief Fazalur Rehman at
his residence in a bid to persuading him into supporting Mehtab Abbasi. But
Fazl said: Considering the political situation of the country, he wanted that
both the opposition and the government should have an agreement on the
candidate for the premiers office. That is why I filed my nomination
papers, he added. When Fazl withdrew his candidacy during the NA
session, PML-N members apparently targeted him chanting: What was the
price?
Reportedly, differences among the PML-Q legislators emerged on the
portfolios in the new Cabinet as none of them except Ch Pervaiz Elahi took
oath. A number of these Federal Ministers and Ministers of State were not
ready to rejoin their old Ministries and want some changes in their
portfolios.
Nawaz Sharif called the election of Raja Pervez Ashraf as Prime
Minister not less than a tragedy for the country. He raised a question on the
governments nominee, saying: Why does the government bring forward illreputed people? I feel ashamed of even taking names of such people. It is
1049

surprising that President Zardari has nominated a person who has already
been facing corruption charges, he added.
Opposition leader said that President Zardari has taken revenge from
the people by electing Raja Pervez Ashraf as the new Prime Minister.
Talking to media persons outside the Parliament, he said that President
Zardari has also ruined the stature of a Prime Minister and it was also a set
back for the democratic process in the country.
Imran Khan said it is shameful for the nation that a corrupt man has
been made a prime minister. Addressing a public rally in Hyderabad, he said
that now the people would have to take the decision that either they want
rulers or country. He said the people who vote for Raja Riaz, they are
actually staunch opponent of the country.
Next day, Pervaiz Elahi said reference would be filed for
disqualification of the National Assembly members who did not cast their
votes for Raja Pervaizs election. The likeminded parliamentarians had
won their elections on the PML-Q ticket, and their abstention from the
voting process allows the PML-Q to file reference against them.
Meanwhile, Makhdoom Faisal Saleh Hayat has decided not be
become part of the federal cabinet, while the Chaudhry brothers are busy
convincing him to change his mind. Raja Pervaiz has offered the Chaudhry
brothers that he could himself talk to Faisal and request him to join the
cabinet, in case Faisal has some reservations.
On 24th June, PML-Q dropped the name of partys three members
Makhdoom Faisal Hayat, Riaz Hussain Pirzada and Raza Hiraj Hayat from
the list of its candidates to be made Ministers in the Federal Cabinet. All
three of them have reportedly, declined to be member of the Cabinet.

Rule of law: On 20th June, officials of ANF admitted that they were
facing immense resistance from the bureaucracy in arresting the former
health minister Makhdoom Shahabud Din in connection with the ephedrine
import scam. The ANF was unable to conclude the ephedrine case without
interrogating Makhdoom Shahabud Din.
Former drug controller Rashid Jumma, who is under interrogation in
ephedrine scam has turned approver in the case and allegedly leveled serious
allegations on Makhdoom Shahabuddin, former Secretary Health
Khushnood Lashari and Ali Musa Gilani, son of former Prime Minister Syed
Yousuf Raza Gilani. Rashid Jumma could be produced before the judicial
magistrate to record his statement of turning approver and once he deposed
1050

before the magistrate the officials could put their hands on all the three
accused.
The Supreme Court disposed of suo motu case in Kohistan dancing video
after a delegation of human rights activists submitted its report, confirming
that the girls were alive, who were reported to have been killed for dancing
in a marriage ceremony. The court said the issue was sensationalized in and
outside the country. The court remarked that it was incumbent upon the
State to protect life and property of its people.
Next day, Chief Justice remarked that if law-makers are not barred
from dual nationality, influx of imported Premiers will go on. Chief Justice
said that law allows general public to hold dual nationalities but it prevents
Parliamentarians from holding dual nationalities and they cant amend the
Constitution for interests of 10 to 15 people.
The Supreme Court made it clear that this case is not against any
particular Parliamentarian but for the interpretation of the Constitution. The
court observed that the judgment would not hit 4 to 6 million Pakistanis
holding dual citizenship, as the law permits them. But Article 63(1)(c)
disqualifies public representatives holding dual nationality, it said.
Special Judge Anti-Corruption Ameer Chaudhry Khan issued arrest
warrants for Malik Riaz, his son Ali Riaz and six others accused in illegal
transfer case of 1,350 kanals land. The court has issued these arrest warrants
in a land corruption case filed in 2005.
Rawalpindis Judicial Magistrate Shafqatullah directed ANF officials
to arrest and present Shahabuddin in his court within a week. Reportedly, a
team of the ANF also visited Shahabuddins official residence after the
issuance of the warrant as part of Rs7 billion ephedrine scam investigations.
The warrants were also issued for the arrest of Ali Musa Gilani.
Major General Zafar Iqbal, DG ANF, in an informal talk with media,
clarified that there is no link of Makhdoom Shahabuddins nomination as
candidate for Prime Minister with his arrest warrants. Timeframe of the case
is as per its judicial proceedings and the ANF is fulfilling its obligations as
per law.
On 22nd June, Chief Justice, against whom several allegations have
been leveled by Malik Riaz in the Arsalan affair, recused himself from
sitting in a bench that would hear the pending cases of Bahria Town. As the
hearing began, the chief justice said he would not be a part of the bench,

1051

hearing the cases, including the murder of a security guard, session judge
inquiry case and land grabbing.
The Chief Justice said he was inspired from the conduct of Hazrat Ali,
who disassociated himself from a battle when felt that his personnel interests
got involved instead of Allahs will. The CJP said the judiciary should not be
biased and all the verdicts would be announced on merit. Syed Zahid
Bokhari informed the court that now he would represent Bahria Town as
Hamid Khan had excused appearing on behalf of company. Later, the court
adjourned the hearing of the Bahria Town guard murder case till June 25.
Peshawar High Court granted seven-day interim bail to PPP MNA
Shahabuddin in ephedrine case. A single bench headed by Chief Justice Dost
Muhammad Khan granted the protective pre-arrest bail to the PPP MNA
against the two persons surety bonds worth Rs2 million. The court also
directed him to confirm his pre-arrest bail in the concerned special AntiNarcotics Court in Rawalpindi after seven days. The Chief Justice also
directed him to appear before the investigation agency, whenever, he is
required irrespective of the fact that whether he was on the slot of Premier or
not, because law should take its course.
The Supreme Court directed the Federal Secretary of Commerce and
FIA to proceed against Makhdoom Amin Fahim in accordance with the law
regarding appointment of Ayaz Khan Niazi as Chairman NICL and
transaction of Rs40.5 million in his account. Amin Fahim shifted the
responsibility of appointment of Ayaz Khan Niazi to former PM Gilani. Let
the law take its course. Nobody is above the law whosoever he or she will be
dealt with, CJ said.
The Secretary informed the court three persons, two civil servants and
Ayaz Niazi submitted CV for the post, adding, for the appointment of a
private person as Chairman NICL post should have been advertised, which
was not done in Niazis case. The Chief Justice inquired how a person who
according to Insurance Ordinance 2000 was not fit and proper for the post
was appointed Chairman NICL. The CJP said so far the cases of persons
responsible for violation should have been sent to FIA or NAB.
When the court pressed him what actions he took against the
responsible persons; the Secretary told out of five FIRs one is registered
against Amin Fahim in Karachi. I think one FIR is enough against the
former Minister, he added. The court pointed out that the FIR (21/2010 at
PS CBC Karachi) is related to purchase of plot by NICL at exorbitant price
and not the appointment of Ayaz Niazi.
1052

Tariq Asad, counsel for Ayaz Niazi, defended his clients appointment
as Chairman NICL. He said his client had required experience and
qualification. Besides that if there was violation of Insurance Ordinance then
the persons who had appointed him should be held responsible, he said.
Earlier, during the proceedings, PML-Q leader Chaudhry Shujaat Hussain
and former Interior Minister Rehman Malik appeared before the bench in
person regarding the Justice (Retd) Ghulam Rabbanis report findings
against them. The Chief Justice asked them to engage the lawyers and no
need to appear in person. The case was adjourned for a week.
Next day, on the advice of President Zardari, former prime minister
Gilani and his family were shifted to the Presidency from a hotel. The move
is aimed at providing a safe haven to Musa Gilani, who has been facing Anti
Narcotics Force probe and arrest warrants in the ephedrine scam case.
On 24th June, Islamabad Police did not let the anti-corruption police
officials arrest Malik Riaz Hussain, who is thought to be a right-hand man of
President Zardari. The raiding team, which was intercepted by the local
police at a picket on the way to tycoons residence, was told they could not
lay their hands on Riaz without permission from the interior ministry.
Meanwhile, armed troops of two law enforcement agencies reached there to
show their might; however, an anonymous call made to the officer in-charge
of the team made them to move back.
An Anti-Corruption Court in Rawalpindi had issued arrest warrants
for Malik Riaz, his son Ali Riaz and five other people for failing to appear
before the court in a case relating to the alleged purchase of 1,401 kanals on
fake identities and forged documents at Rawat in 2009. Earlier, Rawalpindi
polices effort was frustrated at the orders of Capital Territory Police chief
Binyamin Khan, who is a buddy of Malik Riaz.
The capital police have recently deployed a dozens of highly trained
policemen on security of Malik Riaz, apparently to counter any move to
arrest him in the property scandal. The security team includes a
superintendent, a deputy superintendent, an inspector, six personnel of the
Anti-Terrorism Squad and a team of 20 policemen from a police station,
besides a reserve of 20 other personnel and their in-charge. But it is not for
the first time that Islamabad Police has protected Malik Riaz as it has been
providing security and giving protocol to him for long.
Ali Musa Gilani, MNA, and son of former Prime Minister could be
arrested anytime during the next week as the ANF force is vigorously
raiding suspected places to arrest him. Although, we are facing some
1053

problems in arresting him, however, we expect to get hold of him until next
week, an official of ANF said. He complained that Islamabad police was
not cooperating with the ANF raiding team in locating and arresting Musa
who is believed to be hiding in the federal capital territory; bureaucratic
hurdles were also cited obstructing his arrest.
The ephedrine quota scam involves the violation of rules while
awarding a contract to import 9,000-kg ephedrine to two companies
allegedly under the influence of Ali Musa Gilani. This substance is used to
synthesis medicines for cold, flu and asthma but is also used in some
dangerous drugs as heroin.
The matter was raised in the National Assembly in 2009 and the then
health minister Makhdoom Shahabuddin had formed a committee to give
recommendations. Following the directives of Supreme Court, which
ordered a free and fair probe, the ANF quizzed Musa Gilani last month, but
he denied the allegations leveled against him and assured the investigation
team of his readiness to cooperate. However, presently he has gone into
hiding.

Defiance of judiciary: On 18th June, Aitzaz Ahsan concluded his


arguments in the speaker ruling case, arguing that the ruling was in
accordance with the parliamentary ethics and the verdict in the contempt of
court case did not refer to the disqualification of Prime Minister. He further
said the Supreme Court did not have the authority to disqualify any
parliamentarian, including the premier. The matter should be forwarded to
the Election Commission of Pakistan (ECP) as it does not fall in the
jurisdiction of the court under Article 184 (3) of the Constitution, Aitzaz
urged the court.
Chief Justice remarked that the court could review the Speakers
ruling. In an observation over the defence counsels arguments, the chief
justice told him the petitions had stated that a convicted person was
representing the people and the prime minister represented the public and
not a party. Aitzaz said petitioners should have first approached high courts
upon which the chief justice asked how the ruling of a seven-member
Supreme Court bench could be taken to a high court.
At this stage, Attorney General Irfan Qadir interrupted the
proceedings by supporting the Aitzaz arguments and said the bench lacked
the public support as it acted in an unconstitutional manner. He said his
arguments would go in vain as the judges had already made up their minds.

1054

Arguing his case the attorney general said no question whatsoever had arisen
regarding the disqualification of prime minister.
Irfan Qadir said the disqualification of the prime minister was not the
issue before the bench, as it was seized with the matter whether the premier
had committed contempt of court or not and that Gilanis conviction was
based on groundless charges. The court could not disqualify the PM on the
basis that he refused to write letter to Geneva to reopen case against the
NRO beneficiaries, he added. The chief justice asked the attorney general to
confine himself to the case and not to argue irrelevant issues, which the
respondents had not pleaded.
When Irfan talked about the seven-member benchs judgment,
especially the poetry part, the chief justice stopped him and said: Now you
are crossing your limit, and directed him not to do so. But the attorney
general said Gilani had been ridiculed through the poetry part. The chief
justice reminded him that they were hearing the case related to the Speakers
ruling and not the judgment. He told the attorney general: You have invited
trouble for yourself as you had said the judges are biased, adding that they
had noted the remarks.
Aitzaz referred to a case pertaining to the election of former military
ruler Pervez Musharraf while he was in uniform, on which the chief justice
said the counsel was relying on judgments over which he had expressed his
opposition in the past. You are an advocate of democracy and of the
Constitution. No system could function without the two factors then why are
you referring that judgment which was later nullified by the several
judgments, Chief Justice remarked.
Clarifying the governments position over non-filing of appeal against
the verdict in the contempt case, Aitzaz said the seven-member bench did
not disqualify the premier. The chief justice remarked that the Speaker was a
custodian of the Parliament, but some of her moves were not relevant to the
Parliaments functions, adding that there were several examples in the world
where Speakers judgment was reconsidered by the higher courts.
The counsel said the disqualification could be materialized only when
one ridiculed the judiciary, but Gilani did not do so. Aitzaz said the prime
minister enjoyed the same fundamental rights as any other citizen, adding
that the court had the authority to safeguard the rights and provide justice to
the people. Meanwhile, the attorney general submitted a written reply from
Speaker Fehmida Mirza, who stated that the court verdict did not order

1055

sending a reference directly to the ECP. Moreover, she had the constitutional
authority to decide over the disqualification of a member of the assembly.
Fehmida contended that after the 18th Amendment, she had an
absolute power to decide the matter related to the disqualification or
qualification of any parliamentarian. She stated that her ruling on any matter
could not be challenged in the court and the power of the Speaker was not
parallel or not under the Supreme Court. Fehmida raised objections on the
petitions filed by PTI Chairman Imran Khan, PML-N leader Khwaja Asif
and others, saying no fundamental rights of the petitioners was infringed due
to her ruling; therefore, all the petitions should be dismissed.
Malik Riaz made a request to the Supreme Court to direct the
authorities concerned to provide him security during his appearance before
the court on June 21. Riaz submitted an application to the court, saying:
Some lawyers threatened me on the previous appearance. Im still receiving
threats and my life is in danger. Riaz said he is a Pakistani and pays taxes
regularly; therefore, he should be given sufficient security so that he could
present his case in the court without any fear. The court has also taken notice
of the giving of VIP protocol to Riaz and sought explanation from the capital
police over the issue.
Imran Khan saw the allegations against chief justices son as a
conspiracy hatched by President Zardari using his business partner Malik
Riaz. Addressing the participants of a rally, organized by PTI Islamabad
chapter to show solidarity with the chief justice, in the wake of corruption
allegations on his family, Imran said that President Zardari had committed
the same mistake as was committed by his predecessor, Pervaiz Musharraf.
He predicted dark future for both Zardari and Riaz like dictator Musharraf.
Sindh Police baton charged participants of a pro-judiciary rally by PTI
in Karachi and arrested several party leaders and workers including the
central general secretary of Dr Arif Alvi. The pro-judiciary rally was part of
countrywide rallies of the party in support of judiciary in the backdrop of
Malik Riaz-Dr Arsalan Case.
Next day, the Supreme Court ended ambiguity about Prime Ministers
future by ruling: Yousaf Raza Gilani is disqualified from membership of
parliament from April 26, the date of his conviction (in contempt of court
case). He has also ceased to be the prime minister of Pakistan. The election
commission shall issue a notice of disqualification and the President is
required to take necessary steps to ensure continuation of democratic
process, the verdict added.
1056

Following the court order, the Election Commission of Pakistan


(ECP) issued the notification of Gilanis disqualification. His name was also
removed from the Press Information Department website as he was neither
prime minister nor a member of the parliament anymore. The notification
followed commissions top-level meeting, chaired by the ECP acting
commissioner Justice Shakirullah Jan and attended by three of the total four
members.
Yousuf Raza Gilani is the first prime minister of the country convicted
and disqualified as he flouted, disregarded and disobeyed the court order to
implement its judgment on NRO. The judgment said that the court in
exercise of jurisdiction under article 184(3) of the constitution is competent
to ensure enforcement of the fundamental rights of the citizens in all matters
of public importance. It said the NA speaker under article 63(2) exercised
her powers on PMs disqualification which are not covered by the definition
of internal proceedings of parliament, therefore, the court, in exercise of
power of judicial review, is not debarred from inquiring into the order dated
25-5-2012.
Earlier, during the proceeding Attorney General Irfan Qadir argued
that the clash between the institutions should be averted. The chief justice
said: We have great respect for the parliament and are for its dignity and
honour but we have to see the implementation of Constitution. They would
decide the case in accordance with the Constitution, he added.
The attorney general said: Even if the apex court passed a judgment
against the prime minister, the parliament would undo it. He referred to a
resolution passed by parliament in this regard. The court asked him as to
what laws were relevant to the resolution? The AG responded the resolution
was passed under article 67 and 69 of the Constitution. He prayed that the
ruling of the Speaker should not be interfered with.
The chief justice observed that if an appeal had been filed against the
seven-member bench judgment then the matter of PM disqualification could
have been deferred for some time. The chief justice inquired from Aitzaz
why an appeal against the judgment was not filed. The counsel replied they
feared an appeal could result in an even harsher judgment.
Hamid Khan, counsel for Imran Khan, said that a person who is
convicted by the apex court has been continuing to hold the office of the
PM, which was not right. He said this impression should be dispelled that if
Gilani would not remain PM then there would be instability in the country,

1057

as argued by the attorney general. He said if Constitution is followed in


letter and spirit then there would be no instability.
The court observed that neither the Speaker nor the ECP could sit on
the Supreme Court judgments. The court has shown respect to the
constitutional provisions and did not thwart the process from its natural
course. After receiving the judgment the speaker had to inquire whether
there was judgment passed regarding the contempt of court against PM, or
the appeal was filed or not against the verdict? But she should not have gone
beyond her authority to find out fault with the apex court judgment.
The PPPs decision to accept the Supreme Court judgment on Gilanis
disqualification came as a great surprise for many who were expecting a titfor-tat reply from the other side given its track record vis--vis the
judiciary. Gilanis repeated statements that only the Speaker National
Assembly had the powers to disqualify a prime minister were indicative of
PPPs defiant mood towards the judiciary. There was also a lot of talk about
the Supremacy of the Parliament over other state institutions. It was also
said by PPP lawyers including Ch Aitzaz Ahsan that Parliament had the
power to undo any decision of the Supreme Court through an Act of the
Assembly or by making an amendment in the Constitution.
A proposal to create a Federal Constitutional Court to hear
constitutional matters was also under consideration of the government. This
seemed to be an effort to reduce the status of present Supreme Court to that
of an appellate court only to keep it away from the constitutional matters
involving the president and the prime minister. This led many to believe that
government could go to any extent to confront the judiciary on the issue of
PMs disqualification.
Some analysts think that PPP has, by accepting the judgment, in fact,
tried to beat a retreat to keep hold of the reins of power that was likely to be
threatened by a possible public backlash, spearheaded by a new lawyers
movement which would have been launched had the PPP chosen to defy the
court orders. The PPP leaders disclosed that government saw a greater
likelihood of intervention by the undemocratic forces which could exploit
the confrontation between the judiciary and the government and present it as
an excuse before the nation to de-rail the system.
After hectic in-house meetings and consultations with the coalition
partners PPP decided to nominate Makhdoom Shahabuddin as the next
prime minister. Shahabuddin belongs to a spiritual family that is revered and
is the custodian of the mausoleum of the Sufi saint Shah Rukn-e-Alam.
1058

A three member committee headed by the outgoing prime minister,


who is also senior PPP Vice Chairman, was constituted to finalize the name
for next Chief Executive of the country with special consideration that like
Gilani, the new man would not bow before the apex court and would be
willing to face any consequences in the interest of the party.
Jurists say the Supreme Court verdict is clear and unambiguous which
not only disqualifies the prime minister but also dissolves his cabinet. Senior
jurist Abid Hassan Minto said that possibility of the constitutional deadlock
taking place following the SC verdict could not be ruled out had the
Executive side not accepted the decision and inclined to any other step, like
again resorting to the Parliament, to upset the SC order.
Minto said that Gilani had in fact committed blunder by not appealing
his conviction and relying solely on the speakers ruling. He said the SC in
the short decision on April 26 while convicting Gilani had referred the
matter of his disqualification to speaker as a mater of procedure as per the
constitutional requirement under Article 63(g)1 of the Constitution but she
struck down the decision itself for which she was not empowered.
Former judge of the Supreme Court, Wajihuddin Ahmad, said the PPP
had record of defying the court orders and the present one had been accepted
by it under great compulsion. In the prevailing circumstances where masses
were furious over price-hike, crippling power cuts and deteriorated law and
order, PPP government could not afford any further confrontation with the
judiciary for the fear it could ignite the public resentment against the party.
However, he said, PPP would continue defying the judicial verdicts.
Former SCBA president Hamid Khan said SC had removed all
ambiguities which earlier crept into the short order of April 26. He said the
decisions taken by a disqualified prime minister had no legal and
constitutional value and this could have been avoided had Gilani stepped
down after the short order or the Speaker acted as per the verdict.
Paying due respect to the SC, Asma expressed reservations over the
way SC was pinching at the cost of the system. Senior jurist Muhammad
Azhar Siddique said the SC had declared the Speakers ruling invalid which
could bring Fehmida under fire as in terms of Article 62(1)2f read with order
of her oath she might be held responsible for disobeying the constitution and
overriding the authorities of SC and writing judgment over the judgment of
the highest court of the country.
KPK Assembly Speaker Kiramatullah Khan adjourned the session for
five minutes in protest when he learnt that Supreme Court has disqualified
1059

PM Gilani. JUI-F Mufti Kifyatullah termed the PMs disqualification as a


sad happening. Later talking to media persons, Bashir Ahmad Bilour
cautiously said he would be in better position to comment on Gilanis
disqualification after his party leadership makes a decision.
MQM Coordination Committee announced to accept the verdict of the
Supreme Court on the disqualification of Prime Minister. The meeting was
simultaneously held in London and Karachi to deliberate on the situation
developing in the country after the judgment of the Supreme Court. The
meeting unanimously observed that the MQM believes in the independence
of judiciary and regards it with dignity.
Almost all political parties inside and outside the Parliament,
including the PPPs coalition partners, hailed the Supreme Court verdict
regarding the dismissal of Gilani as Prime Minister of Pakistan. Welcoming
the apex courts decision, they viewed that Gilani was convicted on
contempt charges on 26 April and, therefore, he (Gilani) should have stepped
down at that moment.
On 20th June, AGP Irfan Qadir asked the Chairman NAB to constitute
JIT to probe Chief Justices son Arsalan Iftikhar case and submit report
fortnightly at his office regarding the progress of the investigations. He has
written a letter to the NAB regarding the implementation of the Supreme
Court order about investigating the matter and urged that JIT should
comprise honest officials of NAB, FIA and Islamabad police to conduct fair,
transparent and impartial inquiry.
Irfan Qadir had said that he would also hold meetings with the
Chairman NAB, Law Secretary, Interior Secretary, Director General Federal
Investigation Agency and Inspector General of Police Islamabad Capital
Territory to ensure transparent accountability for determination of
commission of acts (if any) of corruption or corrupt practices committed by
Malik Riaz Hussain & family, Dr Arsalan Iftikhar & family and Salman Ali
Khan including all other persons connected with the allegations which may
eventually be the subject of inquiry or investigation by the relevant
authorities.
Next day, Malik Riaz was given seven more days to engage a lawyer
of his choice in the contempt of court case for allegedly ridiculing the
judiciary. Justice Shakirullah Jan heading a three-member bench, adjourned
the hearing till June 28 upon the undertaking by Malik Riaz that If I will not
be able to engage counsel in seven days, the court may proceed against me
in accordance with the law.
1060

Petitioner and former president IHC Bar Association, Ashraf Gujjar,


opposing grant of one-week time to Malik Riaz for engaging a lawyer, said
in the last proceedings he had made the same commitment but failed to act
upon. He was of the view that these were delaying tactics. Justice
Shakirullah said: If he will create hindrance in administration of the justice
the court knows how to deal with him. He also said every citizen had the
right to defence and that the state would provide Riaz with a defence
attorney in case he failed to arrange one for himself.
On 22nd June, in his maiden speech at the national assembly as prime
minister-elect, Raja Pervez Ashraf vowed to defend supremacy of parliament
and ensure that no outer force exercises the power this elected institution. He
was all praise for Gilani for strengthening democracy and supremacy of the
parliament.
Some undemocratic minds try to belittle democracy and the people of
Pakistan. This is an irresponsible thinking that the country can be run against
the aspirations of the people. Raja, however, added that his party will
continue making efforts for promoting harmony among the institutions. We
do not desire the politics of confrontation. Our country cannot afford it. We,
following the philosophy of reconciliation of Shaheed Benazir Bhutto, invite
the opposition for dialogue to resolve the problems, he said.
The newly-elected PM thanked party Chairman Bilawal Bhutto
Zardari, Co-Chairman and President Zardari and the coalition partners for
reposing confidence in him. He said to meet the challenges and put in place
a system based on good-governance, the country direly needed impartial and
powerful accountability system. Therefore, I seek cooperation of the
opposition parties to deliberate on pending Accountability Bill and bring it
to the house to give country an effective accountability law.
Next day, Chief Justice said the Supreme Court has constitutional
authority to review laws made by the parliament that do not conform to the
Constitution. The parliament should make such laws as could be
implemented, the CJ told a 50-member delegation of the Youth Parliament
that called on him. The judiciary is a custodian of basic human rights and
protection of citizens rights was its duty under the Constitution, he added.
It was by no means judicial activism but a non-traditional power of
the Supreme Court that was being used to address cases involving the
fundamental rights of the people, the chief justice said. Law applies to all
irrespective of their status, power, caste, creed and religion and no one can
claim supremacy over and above the law. He said the Supreme Court in its
1061

successive judgments has stressed the need for adherence to the law and the
Constitution and compliance with rule of law and due process requirement
to establish a system of civilized governance in the country.
He said the parliament cannot make any law that is repugnant to
Constitution and injunctions of Islam and is contrary to fundamental laws; if
such law is promulgated, the Supreme Court under its power of Judicial
Review can review it. The underlying object of judicial review is to check
abuse of power by the public functionaries and ensure just and fair treatment
to the citizens in accordance with the law and constitutional norms.
Talking about the trichotomy of power, he said that every organ of the
state enjoys complete institutional independence within its constitutional
domain, however, any excess or misuse of power beyond that domain
becomes the subject matter of judicial scrutiny. The judicial institution of the
state, with Supreme Court as the final arbiter, acts as the ultimate protector
of the rights of citizens and serves as upholder of the constitutional
supremacy.
The Supreme Court was requested through a writ petition to direct the
newly-elected prime minister to write a letter to the Swiss authorities for
reopening of the corruption case against President Zardari in the light of the
judicial orders issued earlier. The petitioner, Shahid Gondal, has made the
federal government and Prime Minister Raja Pervaiz Ashraf as party in the
petition.
A similar application was filed with the Sindh High Court in
connection with the Swiss cases, in which Maulvi Syed Iqbal Haider, the
petitioner, made Raja Pervaiz party to the case and said it was clear from the
Supreme Court judgment that every prime minister was bound to write to the
Swiss authorities for reopening the graft cases against President Zardari.
A three-member bench of Supreme Court headed by Justice Nasir-ulMulk will take up the NRO implementation case on June 27. According to
the cause-list of apex court for the next weeks proceedings, the hearing of
the case against NRO beneficiaries is scheduled on Wednesday.
Amid chants of Go Zardari, Go, the pro-judiciary lawyers have
announced to mark June 27 as a black-day, declaring the president a security
risk for Pakistan. They vowed to oust President Zardari from the presidency,
which they said was a cesspool now, by launching a movement as they did in
2007 when former military dictator had sacked Chief Justice.

1062

On 24th June, President Zardari issued an ordinance to legitimize all


official procedures adopted and orders issued by disqualified PM Gilani
during April 26 to June 19, 2012. According to the ordinance these decisions
could not be challenged in any court. This ordinance, providing cover to the
actions former PM took after his disqualification, has thus been ensured to
be an iron-clad one so it could endure any challenge posed to it even by the
Supreme Court.
The second section of the ordinance restricts any court action against
any appointed official or ongoing implementation over any official directive.
Earlier, petitions were filed stating that the decisions Gilani made during his
disqualification period (from April 26) should be declared null and void. A
writ was also filed in the Supreme Court against Gilanis decisions made in
that period.
Prime Minister Raja Pervaiz said, Some people thought if he (Gilani)
is sent packing, democracy can be ended. But you have seen the
commitment of the people and parliament of Pakistan and those who are
associated with democracy. So if Gilani is not there, a PPP member from the
workers class called Raja Pervaiz Ashraf is there. He said it while
interacting with reporters at the Bhutto familys mausoleum in Garhi Khuda
Bakhsh.
Responding to question from the reporters, Raja said his partys stance
on writing letter to Swiss authorities was clear and they have already stated
it publicly many times. This clearly indicates the new PM is prepared to
follow in the footsteps of his predecessor and face the consequence to save
his party boss. He however said the PPP was opposed to politics of
confrontation as it weakens institutions. In the evening Raja visited Quaids
Mazar.
Punjab Governor, when asked if the government had any plan to bring
about any legislation to undo the Supreme Court decision, said the PPP
would accept all court decisions on possible sacking of its prime ministers,
though with reservations, but, at the same time, it would also not allow the
trial of BBs grave to take place. Khosa said that though the PPP had strong
reservations over conduct of the present judiciary.
The governor also criticized the latest remarks by the Chief Justice of
Pakistan that Supreme Court has the constitutional authority to review laws
made by the Parliament, saying that SC had the power to review only the
laws repugnant to the teachings of Islam and those found against the
fundamental rights.
1063

Giving his legal opinion on SCs judgment, Khosa said that it was in
violation of Article 248-A and 248 (B) of the Constitution, according to
which, both the president and the prime minister have been granted
immunity from prosecution. Khosa was of view that by rejecting Speakers
ruling, the Supreme Court had repeated its history of passing a judgment
against the ruling of the then National Assembly Speaker, Maulvi
Tameezuddin.

Taming the military: On 22nd June, the Supreme Court ordered


the Defence Ministry to produce the notification of setting up a political cell
in the ISI; as now it has been clarified which department had issued it.
According to the documents held in Defence Ministry, the Cabinet Division
had issued the notification. Earlier, the attorney general told the court that so
far, he was unable to find out the notification concerning the ISI political
cell, adding that no one had any knowledge about it either.
The chief justice said they would issues notices to the persons, who
took money from the ISI in 1990, after receiving further information about
the distribution of funds among politicians from the then chief of the spy
agency, Lt-Gen (r) Asad Durrani. Ultimately we have to reach the logical
conclusion of the case, he noted.
Durrani handed over a sealed envelope to the chief justice, who after
reading returned it to the ex-ISI chief. The envelope contained proof of
recipients of the money. The chief justice remarked that the list provided
significant information about the case but said: They want to bring
everything out in the open as they dont believe in-camera proceeding,
unless there is matter of state secrets.
The bench asked Durrani to submit evidence and affidavits in favour
of his stance, adding that the list of recipients did not seem accurate.
Durrani replied that he prepared the list based on his memory, therefore, it
could not term it 100 per cent accurate. He, however, said the ISI officials,
who supplied him the information, could confirm the exact detail of
distribution of money. The court asked him to provide further the material
along with their affidavits. Durrani said as the officials, who worked on the
project, had not retired, therefore, he needed some time to contact them. The
court gave him two weeks.
The court directed Law Secretary Yasmeen Abbasi to find all
documents regarding the Habib Bank commission report and asked the
attorney general to inquire from the secretary whether it would be possible
for her to authenticate the MBL report obtained from the TV channel anchor
1064

person. General (r) Aslam Beg appeared before the court but his lawyer
Akram Sheikh was not present due to medical reasons.

Recessing economy: On 23rd June, soon after assuming his charge,


Prime Minister Raja Pervaiz called a meeting on energy crisis and received
detailed briefing from the ministries concerned. He called the meeting on the
directions of President Asif Ali Zardari in face of public outrage against the
unprecedented load shedding across the country.
Raja directed the petroleum ministry to ensure daily supply of 28,000
tones oil to power plants which would help add 1,200MW to the national
power grid. It was also decided to provide 15mmcfd gas to GTPS,
Faisalabad, which would add another 65MW to the system. The participants
also discussed provision of 100mmcfd additional supply of gas to KESC to
produce 300MW. It was also decided to constitute two committees to hold
negotiations with the representative of the Punjab industry and the CNG
sector to convince them to agree to cutting of another days gas supply to
them.
Sources further informed that Finance Minister Dr Abdul Hafiz
Shaikh briefed the prime minister about the financial implications and the
issue of circular debt. Raja asked the minister to study Ch Shujaat Hussain
formula to manage the circular debt, which has almost crossed Rs400 billion
mark. Dr Asim Hussain gave a detailed view of the fuel provision to various
IPPs for electricity generation. The PM said that petroleum ministry should
ensure uninterrupted supply of fuels to power generation units.

Provincial disharmony: On 18th June, guards of a special adviser


of Prime Minister shot dead three protesters and injured another nine in
Khanewal as violent protests and rioting over incessant load shedding spread
to even more areas of Punjab. A protester, raising slogans from the top of an
electricity pole, was electrocuted to death in Faisalabad, while an angry mob
torched three bogies of a train in Kamoke, Gujranwala. The violent protests
were in fact held in almost all cities and towns of the province.
The Khanewal tragedy came as a rally of hundreds, after marching on
the main roads, reached at the Civil Lines residence of Ahmad Yar Hiraj and
PML-Q MNA Hamid Yar Hiraj, who is also ERRA chairman. Some of the
enraged protesters hurled stones at the residence and the guards resorted to
firing, from the roof, straight at the demonstrators, resulting in the death of
three people and wounds to nine others.

1065

The firing incident made the situation even tenser and the residents,
particularly students and local traders who had called for the protest and had
shut their business for this purpose continued their protest, demanding
immediate action against the murderers. They chanted slogans against Prime
Minister Gilani, President Zardari and the federal government.
In Faisalabad, angry protestors damaged 15 buildings, of private
banks, shops, hotels and telecom companies offices, most of them located at
the Canal Road and Jaranwala Road. City witnessed more than 30 protest
rallies and demonstration on the day. The mobs at some places also looted
goods from the damaged buildings. Four police men, including a gun man of
SSP Operations, were injured in the clashes and admitted to a local hospital.
Police arrested some three dozen protesters from different places.
In Kamoke, angry protestors set on fire three bogeys of a train. In
Sheikhupura, the traffic on both sides of the motorway remained out of gear
for about 4 hours when large numbers of angry mob reached the motorway
after scaling the fence. Protests also took place in Gojra and Mandi
Bahauddin where demonstrators blocked the main intersection. In Sargodha,
angry residents of the suburban areas damaged Wapda office. The protestors
in Chakwal blocked the Lahore-Islamabad motorway. They burnt flags of a
political party and chanted slogans against the government.
President Zardari took notice at night and called petroleum minister
and ordered him to ensure immediate supply of fuel to privately owned
power plants to help ameliorate the situation. But power situation had not
seen any improvement. Prime Minister called a National Energy Conference
on June 19, while Power Minister said the problem cannot be solved in few
days. Finance Ministry released Rupees eight billion for PEPCO to reduce
the load shedding in the country.
Rehman Malik warned an FIR would be registered against Chief
Minister Shahbaz Sharif in case of any mishap with any Pakistan Peoples
Party legislator during power riots in Punjab. Separately, Information
Minister alleged the Punjab government was provoking the people against
the federation and said that the rulers of the province were responsible for
the loss of life and public property.
Next day, at least two persons was killed and more than 50 injured, as
violent protests against unprecedented load shedding continued in various
cities town of Punjab for the third consecutive day. The deadliest clashes
were reported from Kamalia, where hundreds of enraged protesters attacked
the residence of Riaz Fatiana, who is PML-Q MNA. Resultantly, his guards
1066

opened fire at the people, killing two of them and injuring more than 18
others.
Police arrested 15 guards of Fatiana and also seized arms from their
possession before shifting them to some unknown location. Later, a case was
registered against Fatiana and 17 of his associates and guards. As the reports
of the killings spread across the town, people reacted in a more violent
fashion and torched at least 13 vehicles, including six of police. They also
overpowered Asif, one of the gunmen of Fatiana and beaten him; he was in
critical condition.
A group of protesters also attacked the house of PPP woman MNA
Begum Beelum Husnain, but aerial firing by her guards forced them to flee
the scene. Heavy police contingents were called from all police stations of
the district to control the situation. Dozens of people were injured as a result
of police baton charge, while the DSP and two SHOs were also wounded
during the clashes.
There was a complete shutter down strike in Khanewal to mourn the
killings due to the firing by the guards of the adviser to the Prime Minister,
Ahmed Yar Hiraj. The strike call was given by the local traders
representative body. Situation remained tense throughout the day.
They also set ablaze a motor cycle parked in front of the Mepco
office, as they demanded arrest of the responsible persons and chanted
slogans against the federal government. Police resorted to teargas use when
people tried to torch a private power plant. Due to the worsening law and
order situation in the city, the district administration has called additional
police from Vehari, Multan and Jhang districts. According to the DRO, the
FIR No 349/12 under sections 302, 324, 148, 149 of the PPC has been
registered against eight unidentified persons with the Khanewal City Police
Station, while SHO Zulfiqar Aulakh has been suspended on the orders of
Punjab Minister Haji Ehsanuddin Qureshi.
Protests were also reported from Faisalabad, Burewala, Gujranwala,
Bahawalpur, Chakwal, Chiniot, Rawat, Multan, Dera Ghazi Khan, Vehari,
Muzaffargarh, Lodharan, Bahawalpur, Mian Channu, Chichawatni,
Kabirwala, Haroonabad, Yazman, Rajanpur, Layyah and several other cities
of the province. In Rawalpindi, the energy starved residents attacked the
office of electricity distribution company at the Committee Chowk and
damaged the structure. They also pelted stones at vehicles and businesses.
The federal government offered the Punjab to provide the services of
Rangers, a paramilitary force working under the control of Interior Ministry,
1067

for deployment in the province to help the provincial government control the
massive power riots. The offer to assist the Punjab Police was made in a
letter written by Interior Secretary on the directives of Rehman Malik, now a
former advisor to the prime minister on interior.
Rehman had directed the interior secretary to meet the Punjab chief
secretary to discuss deployment of Rangers. It is worth noting that the
people are targeting the residences of the lawmakers associated with the
ruling coalition in the Centre. Earlier, Rehman Malik had warned that an FIR
would be registered against Chief Minister Shahbaz Sharif in case of a
mishap with any PPP legislator in Punjab.
On 20th June, as many as 2013 villagers were booked Under Section
435 /136/ 427/ 354/ 147/ 149 PPC on the charge of setting ablaze GEPCO
offices, rioting and forming unlawful assembly at two different police
stations of Hafizabad. Angry mob had besieged XENs office in Jalalpur
Bhattian and SDOs office in Vanike Tarar and ransacked the offices, set on
fire GEPCO buildings, resultantly several motorcycles, six computers and
most of the records and more than 24 rooms were badly damaged.
Meanwhile, worst power outages have not only adversely affected the
shopkeepers and small industrialists but also made the lives of citizens
miserable in the prevailing hot weather. The power shutdown duration is
being increased with every passing day. The electricity supply remains
suspended for about 20 hours due to which housewives, students, elderly
people, traders, children and patients have to suffer.
In Khanewal, riots erupted after funeral of deceased Azhar, who had
died with the firing of guards of Ahmad Yar Hiraj. The mob ransacked the
Mepco office, TMA office, Post office, City Police Station, Banks and ATM
machines of banks. They also set ablaze motorcycles, cars, office furniture
and record.
The Police registered FIRs under section 148/149,16MPO,
353,186,379,436,395 against about 384 unidentified included 34 nominated
people for ransacking and damaging government property and pelting stones
on buildings. DCO Nadeem Mahboob visited effected areas and urged the
civil society, and renowned religious scholar to help district administration
for restoration of peace in the city.
Meanwhile, eight Independent Power Producers (IPPs) filed a petition
in the Supreme Court for recovery of Rs61 billion from the Water and Power
Ministry. The petitioners alleged the ministry did not pay their outstanding

1068

arrears while it was imposing unnecessary fine on them. They appealed to


the court to issue notice to the ministry.
Next day, Governor Latif Khosa drew attention of the Punjab Chief
Minister towards the unrest in the province. In a letter written under the
subject of Governance crisis in Punjab, the governor suggested corrective
measures to be taken by the CM to set the things right.
Drawing the CMs attention to Article 157 of the Constitution, the
governor said that the 18th Amendment and the subsequent decisions of the
Council of Common Interests (CCI) categorically authorize the provinces to
construct power houses and grid stations and lay transmission lines for use
within the province. However, the fact remains that the Punjab Government
has not produced even a single unit of energy despite lapse of two years after
the grant of the aforesaid authorization
On 23rd June, traders observed a complete shutter-down strike across
South Punjab on the call given by Punjab Anjuman-e-Tajran against load
shedding, price hike and poor law and order situation. Although major
trading areas of Multan remained shut, some business hubs remained open.
Wheel kept rolling throughout the day and traders staged demonstrations in
different areas.
In Ahmedpur East, Markazi Anjuman-e-Tajran staged a sit-in at
Chowk Munir Shaheed. In Vehari, people observed a complete shutter down
strike. The strike was successful as two trader unions joined hands against
outages and coordinated one another regarding strike. In Burewala, traders
observed shutdown strike against 22-hour load shedding. A complete shutter
down strike was observed throughout Bahawalpur.
Hundreds of miscreants inflicted heavy damage to public property and
vehicles in Rawalpindi under the garb of so-called protest staged on the call
of Markazi Anjuman-e-Tajran against unannounced electricity load shedding
and inflation. A group of enraged protesters also attacked the residence of
PML-N MPA Ziaullah Shah.
Some protestors looted cash and other valuables from the petrol pump
owned by a multinational company. Police, which reached there very late,
fired tear shells from a good distance to disperse the protestors. Reportedly,
the very angry protesters also damaged traffic signals, public property,
public transport and private vehicles and hotels. The residents of nearby
localities complained that tear shells fired by police landed at their
courtyards, causing huge suffocation and panic among their family
members.
1069

Baloch militancy: On 18th June, at least five people including three


students of Balochistan University of Information Technology were killed
and 65 others sustained injuries when an improvised explosive device ripped
through the university bus on Samungli Road, Quetta. Ten injured were
stated to be in critical condition. The police while quoting preliminary
investigations said that most of the victims belonged to Hazara community.
Next day, miscreants gunned down a schoolteacher in Quetta. Angry
students staged protest demonstration against teachers killing and blocked
Sariab Road. On 20th June, in an interim order in the Balochistan law and
order case, the Supreme Court held Frontier Corps (FC) responsible for the
disappearances in the province and ordered registration of cases against the
agencies accused of being involved in the matter. It directed the defence
secretary, Balochistan chief secretary, home secretary, inspector general of
police (IGP) and FC IG to take concrete measures for the recovery of
missing persons at any cost.
Attorney General submitted the report of a high-level committee on
the issue of missing persons formed on the intervention of ex-prime minister.
Defence Secretary Nargis Sethi, appearing before the court on a short notice,
informed the bench that she would make all efforts for the recovery of
disappeared persons.
Balochistan Home Secretary said 381 bodies of the people killed in
terrorist attacks and targeted killings had been found from various parts of
the province till to-date. Out of them 102 bodies were found in 2010, 203 in
2011 and 76 in 2012. He further said the Balochistan government had
framed a policy to pay Rs0.4 million as compensation to the relatives of a
dead person and the district committees had been directed to complete the
formalities on the subject.
Provincial Home Minister Mir Zafarullah Khan Zehri, who is
allegedly involved in the kidnapping of two men, was directed to appear in
person on the next date of hearing. Justice Khawaja said Ayesha Bibi had
claimed that her missing sons were in the custody of Zehri, adding that the
poor woman requested the court to order Zehri to release them. At this the
court was informed that Zehri was on bail for the last eight years. The
judges, while expressing their annoyance, said how the provincial minister
was granted bail when he was allegedly involved in the kidnapping of two
persons.
On 21st June, three people, including a boy, were killed when their
motorbike hit a landmine near Dera Bugti. Unidentified gunmen killed a
1070

man in Tump area of Kech district near Turbat. Two personnel of


Balochistan Levies Force were killed and another wounded while their
weapons were snatched when militants attacked their check post in Naagh
area of Washuk district. At least two worshippers were killed and 14 others
sustained serious injuries in a bomb blast inside a mosque in Ghausabad area
of Quetta.
Next day, two security personnel were killed and another injured
when unknown militants riding on motorcycles attacked a check post in
Naag area of district Washiq. The attackers got away with official weapons
and wireless sets of the Levies personnel.
On 23rd June, eight people, including a police constable, were killed
and one person wounded in an attack by unidentified men armed with
sophisticated weapons on a laundry shop in Quetta. Police have registered a
case against unidentified people as no group has claimed responsibility for
the attack.
Next day, four policemen were shot dead by armed assailants in the
outskirts of Quetta. The deceased policemen were patrolling the Bypass area
on motorbikes when unidentified armed men sprayed them with bullets; two
policemen were killed on the spot and two others succumbed to their injuries
while being shifted to hospital. No group has claimed responsibility.

Turf war in Karachi: On 18th June, MQM activists and a cleric


were among the 11 persons who became victims of unending violence in the
port city. Bodies of three MQM activists packed in gunny bags were found
from a car on the Mirza Adam Khan Road. Next day, violence in Karachi
claimed six more lives.
On 20th June, a doctor was among eight people who were killed in
separate incidents of violence in Karachi. Next day, seven people, including
an activist of the Muttahida Qaumi Movement and a policeman, were killed
in the ongoing spree of targeted killing in the metropolis.
On 22nd June, four people including an activist of the MQM were
gunned down in the incidents of violence in Karachi. Next day, at least three
people lost their lives and 8 others were wounded in Karachi violence.
Meanwhile, a suspect, allegedly involved in 19 cases of target killings, was
apprehended. On 24th June, five bodies were recovered in the metropolis,
while in separate incidents of firing another five people were wounded. Two
policemen were shot dead in North Karachi late at night.

1071

VIEWS
Power politics
New faces and hopes: A total of five candidates filed their
nomination papers for the prime ministership on Thursday. They were all
found in order. Apart from Makhdoom Shahabuddin and Raja Pervaiz
Ashraf, Qamar Zaman Kaira was another candidate of the PPP; Maulana
Fazlur Rehman, head of the Jamiat-i-Ulema Islam (F); and Sardar Mehtab
Abbasi of the PML-N. The National Assembly meets Friday afternoon to
elect one of the three remaining in the field and as the PPP enjoys a
comfortable majority with the support of coalition partners MQM, ANP
and PML-Q there is little doubt that Raja Ashraf will be elected, though
one should not rule out the oppositions hue and cry on the floor of the
House, underscoring not only his involvement in the RPP scandal, but also
his failure to deliver on the promise of ending the agony of load shedding.
With the end of the Gilani chapter, the only course for the PPP may be
to implement the judgments of the Supreme Court. Compliance with judicial
verdicts would be the greatest service the government could do to the cause
of democracy, but with the dismissal of the Prime Minister and the resulting
uncertainty, it remains to be seen whether it will come to pass. The end of
the confrontation would also open up the possibility of attending to the
problems of the people. Unfortunately, President Zardari has other plans.
The court verdict about the outgoing PMs contempt would be debated in
Parliament and the nature of the debate, not hard to guess, could only cause
greater friction with the judiciary. Besides, it is not difficult to see the logic
of his remark that his government would not let the trial of Benazirs grave
to take place a clear reference to the letter that the apex court ordered be
written to the Swiss. The nation is, undoubtedly, up for interesting times,
as the Chinese saying goes. (Editorial, TheNation 22nd June)
Keeping democracy on track: The new Prime Minister will have a
truncated term, but more than enough time to carry out two important tasks.
First, he must uphold national independence by telling the USA that drone
attacks are unacceptable. Second, he must uphold the rule of law by writing
a letter to Switzerland. Otherwise, he might well be remembered as the man
who took over as PM only to lead the PPP to a poll defeat. However, his
election would ensure that there is no early dissolution, even though
dissolution at this point would have led to a resolution of the crisis. (M A
Niazi, TheNation 22nd June)

1072

Scary roller coaster Legal eye: The adrenalin rush makes the
rollercoaster ride worth it. But those of us who scare easily have this lurking
through: what if this thing unravels. When an entire country with weak
structures (and a severe power crisis) decides to get on a rollercoaster and
not get off, the cries that you hear are not necessarily caused by thrill. Sure
one can put a positive spin on things: a convicted prime minister has been
ousted by the stroke of a pen; the rule of law has prevailed; that the PPP has
accepted the verdict is a sign of political maturity; the political process is
continuing even if creakingly. Democracy might be at work here, but looks
like its wheels might come off anytime. Isnt it time for all power players to
exercise restraint?
There is no grand narrative that can explain Pakistans power play
today. We are told that the Supreme Court has always been an appendage of
the executive, and in case of a divide between its civilian and military
components, a stooge of the khakis. Is it attacking the ruling PPP regime on
behest of the establishment? But then it is also doggedly pursuing the
missing persons case (that caused it much grief back in 2007) or (lessdoggedly) the Asghar Khan case. And then you find no Zulfi Bhutto heading
the PPP government. Hasnt this PPP regime dolled out extensions to the
army and ISI chiefs and handed over security and foreign policymaking
completely to the khakis? And notwithstanding its inglorious past, havent
anti-khaki slogans been emanating largely from within PML-N? So is the
PPP vs establishment narrative still as valid?
Are the khakis back in business with their old tricks; puppetry and
palace intrigues etc.? They fuelled the hypocritical Kerry-Lugar debate and
since then have largely driven Pakistans US policy. Our US ambassador got
too ambitious and we witnessed the curious memo affair with the army and
ISI chiefs swearing affidavits before the SC and the khaki defense secretary
being fired by a civilian government. And despite all the melodrama nothing
came out of it. There might be people going missing and dead bodies
showing up, but despite this we have also been experiencing the most
probing and critical debate about the role of the army and its intelligences
that has ever taken place. Might some khakis have their savior instincts
intact and the desire to save us from ourselves? Of course, but can they
realistically assume and assert total control today?
Pakistan has changed. Its problems have grown. Social safety nets
have shrunk. Everyone is feeling the pinch from the poorest to the upper
middle class. There is a genuine sense of urgency to stem the rot. Business
as usual is just not sustainable. But khakis arent the only saviors any longer.
1073

With an assertive judiciary and a vocal media, new power centers have
emerged, with their own savior instincts. But notwithstanding our talk of
reform and our understanding of its need, we all have a chequered past and
are firmly rooted in realism. The generals know when to react and when to
lie low. The judges know when to bellow and when to exercise restraint. The
media knows which stories to kill and what angles to push. And the politicos
and the bureaucrats have long mastered the art of swimming with the tide.
The confusion is partly due to the absence of a big tide that everyone
can swim with. Each one of the power players stands discredited and
compromised in one way or another. The talk shows replaced the soap
operas half a decade back. And now it seems that they have turned into soap
operas themselves. The SC emerged as the knight with a shining armor on its
restoration in 2009. But three years hence the overall system of justice
remains as corrupt and dysfunctional as it was prior to March 2007. Is the
honeymoon over? Remember there was wide support for politicos when
democracy was restored in 2008 with people willing to give them the benefit
of the doubt. They refused to change their rotten ways and everyone started
digging out skeletons from their closets. Is something similar happening to
the judiciary?
The across the board reaction to Yousuf Raza Gilanis disqualification
was unanimous: good riddance. Those who argue that the speakers ruling
should have been allowed to stand are wrong. The text of the Constitution
didnt allow the speaker the kind of discretion she assumed. The spirit of the
Constitution doesnt envisage the speaker either to sit in judgment over an
SC judgment or act in a partisan manner. Those who believe that the
Supreme Court has usurped the right of the people to vote out a prime
minister are also wrong. Neither rule of law nor democracy requires that
political accountability supplant legal accountability. If you assume for a
moment that the court is not a puppet of the military, the perceived conflict
between these forms of accountability vanishes
There might be no grand conspiracies here. But the do-good savior
instinct of the SC, reinforced by its presumption that it is a peoples court
endowed with a historic opportunity to inject morality into the polity, is
dragging the court into the political thicket. The need for rule of law and an
independent judiciary can never be overstated. But the SC must tread
carefully. While controversy might be a necessary corollary of politics, it
doesnt belong within the halls of justice. (Babar Sattar, The News 23 rd
June)

1074

Money: The PPP has turned money into the sole determinant of
success. I was corrupt and I made a lot of money but my offspring are
breaking all my records-that, in essence, is a complete breakdown of values.
The new three-dimensional political system is based on greed, selfishness
and ignorance of history.
The PPP has a particular political system and it is that system which
defines the soul of the PPP-specific economic system. Within that economic
system the direction of money flows end up laying the basis of personal and
cultural values towards money. Children who grow up and enter the real
world must practice values determined by money flows (because they must
earn to raise their own children).
Ayn Rand, the famous Russian-American philosopher, identified three
symptoms of a failing economic system. One, money flowing to those who
deal in favours, not goods. Two, men getting rich by graft, not hard work.
Three, forces protecting the predators are not the preyed. A few years ago, a
Pakistani could earn a decent living while still remaining outside the greedselfishness-ignorance of history circus. No more. A few years ago, a
Pakistani could earn a decent living trying to produce a product, adding
value to the GDP. No more.
Gaze deep into Islamabad money is flowing only towards those who
deal in favours and produce nothing. The PPP and its allied politicians are
getting richer not by adding value to the GDP but by selling favours. And
theres protection for all those dealing in favours and producing nothing.
Money is good. Greed has been called the mother of innovation and
innovation is the father of prosperity. But a political system must direct
money and greed towards production of goods. An economic system geared
towards eradicating poverty must encourage the sale and purchase of goods
rather than the trade of favours.
The PPPs entire financial setup encourages the buying and selling of
favours that in turn discourages the production of real goods and services.
Pakistani businessmen are no longer interested in producing real goods for
they can make a lot more money producing nothing from their rental power
projects
Money is the new value system Arsalan and Mubashir are the two
gifts of this new value system. Money, fast money, is the only possession
that matters. Money, by selling favours, not goods, is what money is now all
about. To be honest, the only thing I like about the newly rich people is their
money. (Dr Farrukh Saleem, The News 24th June)
1075

The crisis of leadership: Power and the responsibility it entails


should only be accepted as a sacrament on bended knees in the knowledge
that one is unworthy. But the ability to come to grips with ones failings is as
difficult as walking barefoot up a mountain track strewn with thorns. This
was what Baudelaire, the 19th-century French poet and essayist, understood
only too well when he implored God to grant him the courage to look at his
body and his soul without disgust.
But power is not only addictive, it also blinds. Thus, Yousuf Raza
Gilani refused to see that he was no longer prime minister after his
conviction on contempt charges by a bench of the Supreme Court on April
26. The axe finally fell on Tuesday, with the apex courts short order
disqualifying him as a member of the National Assembly.
The verdict was as inevitable as night follows day In the 54-days
from April 26 to June 19, the country did not have a legal government. But
this did not deter Yousuf Raza Gilani from traveling to London at state
expense accompanied by an 80-member entourage. Extravagance is always
vulgar, but when it is paid for from the public exchequer, it is a crime. The
expenditure should be recovered from the former prime minister and he
should also be asked to return the emoluments that he received in this
period. The salaries paid to the army of ministers, ministers of state and
advisors will also have to be recovered
Yousuf Raza Gilani is not the only South Asian head of government to
be convicted while in office. On June 12, 1975, the Allahabad High Court
disqualified former Prime Minister Indira Gandhi as a member of parliament
for electoral malpractices. She responded by suspending the constitution and
imposing an emergency. Opposition politicians were arrested and the
freedom of the press ceased to exist in a land which is considered the
worlds biggest democracy.
The eye of the political storm in Pakistan is the refusal of the former
prime minister to write to the Swiss authorities to reopen the graft cases
against President Zardari... His successor, Raja Pervaiz Ashraf of rental
power plant fame, is also set to pursue the same course. Pervaiz Ashraf has
certainly risen to the top fast and unexpectedly, but nothing rises faster than
dust, straw and feathers.
Thus, uncertainty will continue to cast its foreboding shadow over the
political landscape of Pakistan till September 2013 when the presidents
term of office ends, after which he cannot claim immunity under article 248
of the Constitution. Three months later, the chief justice will also retire.
1076

Should the coming elections yield a non-PPP prime minister, the Swiss
authorities will be asked to revive the cases against the president even
though its impact will only be symbolic?
The damage that unscrupulous leaders have done to the country is
incalculable. Ordinary citizens continue to suffer as the nation hurtles from
crisis to crisis A peculiarity of the Pakistani variety of political leaders is
that they never fail to wear the mask of false piety. Some even claim
sacerdotal dignity tracing their lineage to the great sufi saints. This is
apparent from the number of makhdooms (descendants of saints) that have
played so prominent a role in the murky drama of the countrys politics. The
former prime minister is just one such example.
Though the Quran makes clear time and again that piety cannot be
inherited, Yousuf Raza Gilani never missed an opportunity during his
scandal-tainted tenure When the contempt of court proceedings against
the former prime minister were underway, his lawyer even went to the
ridiculous extent of reminding the judges of the spiritual antecedents of his
client. The insinuation was that a guilty verdict would put their souls at risk
of eternal damnation.
Till Wednesday it seemed almost certain that another makhdoom from
South Punjab would become the new prime minister. It is still not clear what
prompted the president to nominate Makhdoom Shahabuddin as the ruling
partys candidate. Last month when he was hauled over the coals by the
Anti-Narcotics Force (ANF), he admitted approving illegal ephedrine quotas
in his previous capacity as health minister, and this prompted the Supreme
Court to ask the ANF on June 7 why he had not been arrested. On Thursday
non-bailable warrants were issued for the arrest of Mahkdoom Shahabuddin
and Ali Musa Gilani, the son of the former prime minister.
The same curse of political corruption afflicts the entire South Asian
region The members of the national and provincial assemblies never tire
of describing themselves as democratically elected, as though being
elected undemocratically is available as an option. The physical violence in
the Punjab Assembly on Thursday demonstrates yet again the extent to
which the political environment of the country has been contaminated.
The coming elections will yield the same rotten harvest unless the
voter rejects the tried-and-tested leaders of the past. The prayer of Nobel
laureate Rabindranath Tagore (1862-1941) in Gitanjali suddenly seems
relevant: Where the mind is without fear and the head is held high; where
knowledge is free;... where words come from the depth of truth; where
1077

tireless striving stretches its arms towards perfection; where the clear stream
of reason has not lost its way into the dreary desert sand of dead habit;
where the mind is led forward by thee into ever widening thought and action
into that heaven of freedom, my Father, let my country awake. (S Iftikhar
Murshed, The News 24th June)
Progressives or serfs? As expected, the PPP wallahs are once again
trying to defend the indefensible. They have put their conscience to bed and
are busy singing praises of their newly-elected Prime Minister. They are
eulogizing his work as the Water & Power Minister, insisting that he added a
record number of megawatts to the power generation capacity. It does not
seem to matter that all the ghost megawatts that he is supposed to have
added to the national grid have resulted in the worst load shedding in our
history But the big boss has spoken and now his serfs are busy finding and
concocting reasons to defend his decision. While this was expected of PPP,
what is disconcerting is the way some apparently independent voices have
joined this pro-Zardari chorus.
Characterized by a serf-like blind acceptance of whatever the Zardari
mafia does in the name of democracy, this minority band of self-proclaimed
progressives are quick to point fingers in every direction when the conduct
of the so-called democratic dispensation is brought under focus. Theres an
excuse or scapegoat for everything, or an explanation. They blame other
state institutions for every ill of governance. They keep repeating that
everything will get better given time, even when all signs tell us that the
Zardari mafia is in no mood to give up its trickery and patronage of
corruption behind the jargon of democracy. His recent nominations for the
new Prime Minister do not make them pause to think independently; two of
them under probe for corruption and the third one facing contempt of court
charges. To all that theyd like to turn a blind eye.
Their one eye is focused on everyone not in the Zardari camp,
zooming in on those who go so far as to, God forbid, question his
undemocratic and devious power games. Such unfortunate people are put
under the microscope of proper conduct down to minute details. Asif
Zardari, Yousuf Gilani, their close family and distant relatives, friends and
business partners, the entire democracy band could get away with murder by
the very different yardstick they use for them. The politics of democracy
they mouth are no hurdle in supporting a government that acts 180 degree
against the basic tenets of those very politics. Some of them pose as nonpartisan, independent people, who are just sympathetic to the PPP
government for the sake of democracy. When it comes to blanket blind
1078

acceptance, they could shame slaves and serfs. The question is: with their
education and privileges, why would this minority band of so-called
progressives support mafia-democracy so wholeheartedly?
While there could be different reasons for different people, they share
a common narrative. They equate PPP with democracy, regardless of
mountains of evidence to the contrary, and see the hands of the security
establishment behind any individual or institution that questions the
wrongdoings of the Zardari mafia. They also view the PPP as a progressive
party, although there is nothing in its working to suggest that. To them, these
outdated notions are a matter of blind faith, and no facts could shake it.
Surely, there is nothing progressive about this attitude. (Jalees Hazir,
TheNation 24th June)
Hopes and despair: The divide between the rulers and the ruled has
never been so glaring, as it is today. The brains of half a dozen of the
mainstream political parties put together have not been able to set a direction
for progress in any field or to elevate the downtrodden to a reasonable level
of subsistence. We are in financial ruin domestically and totally isolated in
the world community internationally. Financial and moral corruption is
rampant and has reached new heights in all walks of life.
Most in authority appear insincere to their responsibilities and
indifferent to resolving the daily problems the public is facing. The police
have failed to maintain law and order or provide protection to its citizens.
Kidnapping for ransom, dacoities, murders and family feuds out of
frustration from joblessness, rising cost of living or energy crisis have
replaced suicide attacks of the recent past on the sensation loving media.
Speedy and fair justice to the average citizen remains a pipedream, as the
lower judiciary still follows the century old systems and practices. The army
is bogged down in the tribal areas and its affiliated bodies are sources of
mega financial scandals.
Under these chaotic environment and failure of the politicians to
deliver, people see the present institution of higher judiciary as the solitary
institution that is going by the book and is the only ray of hope shining
within dark clouds. Its judges are indeed human, but possess impeccable
credentials. It may not be infallible, but it has pursued cases of human rights
violation and corruption in high places with an upright, strong and
uncompromising conviction. It has struggled against adverse odds to curb a
free fall and assert the supremacy of law that ironically has not gained
favour with the executive.
1079

Among this despair there is hope. The coalition government accepted


the Supreme Court verdict, though grudgingly. All political parties
participated in the elections of the Prime Minister despite serious
differences. There may be vocal criticism, public rallies and blame game, but
the democratic process continues. It is unfair to lump the entire blame of our
woes on the ruling parties. It is the people of Pakistan who put them there
and they must share their portion of responsibility. (Khurshid Akhtar Khan
Hazir, TheNation 24th June)

Defiance of judiciary
There are only two sets of principles! What todays Pakistan needs
is a revolutionary transformation of its traditional political and economic
framework. The electronic and print media, most specifically television
public opinion makers, can play a vibrant and effective role in the making of
the political revolution urgently needed in the country. But unfortunately,
some TV talk show hosts have already compromised their moral-ethical
professional obligations in exchange for personal financial rewards and
social privileges. This, in fact, is a serious setback to the emerging national
consensus for a fundamental change in the countrys political and economic
structures. The media (most specifically TV) is a powerful instrument in
bringing about such a revolutionary transformation. Hence, its role in the
transformational metamorphosis of public opinion must be revitalized. How
is it to be done?
First and foremost, there is the fundamental need for self-reflection on
the part of media management and its functionaries, who conduct vital
programmes of public opinion making and setting up public political
discourse. The self-reflection must be focused on ethical-moral obligations
that media functionaries owe to the public, above and beyond their own
personal interests, both financial and personal beliefs.
Secondly, it is quite obvious that proper self-management and media
skills management training for anchorpersons is overall lacking in nearly all
major TV channels broadcasts. I have always been struck by the
overwhelming egotistical, overbearing and overaggressive attitudes of some
TV anchors. When they should be seeking the opinion of their guests on the
show, they, in fact, try to impose their own judgments on the issues.
Also, there have been several instances of the absence of proper
protocol given to their guests and an entire mismanagement of
communication dialects because of overbearing egos and the inflated selfimportance of the hosts. In short, it seems that there is a greater need for
1080

training in self-management, ethical-moral discourse, and communication


skills of TV talk show professionals.
An independent institution, free of media owners and government
control, comprised of media experts in academia should be entrusted with
the training of TV broadcasters. Next, a judicial commission should
investigate the recent Anchorgate scandal and impose legal penalties to
anyone involved in this shameful scam.
Let me remind all of you to remember Mashkoor Hussain Yads
opening verse at the onset of this article. Dont violate this nation! Dont
hurt those who have already been hurt by personal tragedies and personal
losses in creating this nation, and those who dream of a better, more
prosperous nation.
Let us commit ourselves to living the dream that was - Pakistan! (Dr
Haider Mehdi, TheNation 19th June)
Exit Gilani: Contrary to the claims by many, the ouster of the prime
minister and his cabinet has not shaken the democratic system. Parliament is
intact and a new leader of the house may soon be in place, although for a
brief period of a few months as the general elections are due by February.
Despite obvious reservations about the SC judgment the PPP has reacted
with maturity and restraint. The call by its leadership that its workers should
remain calm and not react on the streets is a welcome development. The
silver lining in the otherwise sorry episode is that, after so much bickering
and obstinacy, the PPP government and leadership appear prepared to accept
the Supreme Court verdict. Their first response has been that the PM and his
cabinet are no longer in office; and that speaks a lot about the constitutional
supremacy of the judiciary in interpreting legal and constitutional issues, as
the final arbiter. This gives considerable strength to the institution which, till
yesterday, was under a blistering attack, a conspiracy to malign the chief
justice of Pakistan and, through a concerted plan, push him out of office for
wrongdoings his son may have committed. The objectivity and confidence
shown by the chief justice despite such attacks is an encouraging sign that he
has not been intimidated by conspiracies and media blasts.
The fall of Gilani has larger implications for the countrys political,
economic, strategic and security policies. The vacuum in the power corridors
has to be quickly filled. The president, who is also the co-chairman of the
PPP, has to make some quick decisions; but constitutionally he is not
empowered to run the country without a cabinet and a PM, who has to be the
chief executive. The country is literally on fire with widespread public
1081

demonstrations and with violence spreading because of several factors, the


power crisis and load shedding being the main trigger and inflation,
insecurity, uncertainty and a general sense of hopelessness being the others.
The relations between the centre and the provinces, especially Punjab,
are at the lowest ebb. Relations with the US are at a critical stage and need a
united and coherent national leadership to handle the key issues of NATO
supplies and the developing Pak-Afghan scenario. The best course for the
country would be a smooth transition, a democratic one, with as little
controversy and conflict as possible so that a precedent for political change
without upsetting the applecart is set. Extreme restraint and political
maturity and vision are needed on the part of all the players. (Editorial, The
News 20th June)
The Supreme Court rules: The bench has made one thing crystal
clear. It will not accept any other authority offering an interpretation of the
Constitution in any way opposed to one it has made. Thus it has seen fit to
intervene in a matter of membership of a House of Parliament, which it had
previously left to its presiding officer and the Election Commission. Its
disqualification of Ms Farahnaz Ispahani and Mr Rehman Malik for alleged
dual nationality must be seen in this light. It is not just a matter of the
membership of a House, but of what happens to the principle of judicial noninterference in the internal affairs of a legislature, when the legislature, here
represented by the Speaker, sets out to thwart a judicial verdict.
However, the short order leaves some matters requiring clarification.
First, the reason for the Prime Ministers original conviction has not been
addressed. He was convicted because the Supreme Courts order in the NRO
case, that the Prime Minister write to the Swiss authorities asking that the
corruption cases against Asif Zardari, made before he became President, be
restarted. Whereas the writing of those letters is incumbent upon Mr Gilanis
successor, it remains to be seen how far that successor is willing to go. It
should not be forgotten that the new Prime Minister will only be in office for
less than a year, before new elections are due, and he has to hand over to a
caretaker. Second, as Mr Gilani is specified as ceasing to hold office from
April 26, what becomes of all federal actions taking place since then? This
does not affect all the PMs actions, but also those of all ministers, who will
be deemed as losing office along with the Prime Minister. This includes the
Federal Budget, which was presented by a Finance Minister who had ceased
to hold office. A further complication is that Budget has since been passed.

1082

However, though that is not a small issue, there are larger issues at
stake. The first issue is that of the succession, with many contenders
emerging even though the tenure is to be limited. However, that might make
it valuable, for it seems that any successor to Mr Gilani would also claim, in
the event of a PPP win at the next general election, the right to continue in
office. Another issue that seems involved is whether or not the PPP is willing
to change from protecting the President from the consequences of his
actions, to obedience of court verdicts. The PPP is not presently in a position
to amend the Constitution, and perhaps thus any move against the Supreme
Court would not bear fruit. Under the circumstances, rather than plunge the
country into a chaotic struggle, it would be wise to continue in the
democratic transition and install a new Prime Minister and expedite the
schedule to general elections. (Editorial, TheNation 20th June)
Unanimously elected, unanimously removed: Makhdoom Syed
Yousuf Raza Gilani, who as prime minister had been given a unanimous
vote of confidence by all parties in the National Assembly in the last week of
March 2008, was unanimously consigned to the history by a three-member
bench of the Supreme Court yesterday. He defied court order to show loyalty
to the party leadership and paid the price
The court order was not unexpected for Mr Gilani. His lawyers did
their best to have him disqualified, just as Mr Bhuttos counsel had left no
stone unturned to take their client to the gallows by politicizing the case. The
lawyers who advised Mr Gilani not to challenge the seven-member benchs
April 26 disqualification order and instead oppose the petitions against the
NA Speakers ruling are responsible for the humiliation the leader from
Multan had to face on Tuesday
Although the professional worth of the arguments given by Mr
Gilanis lawyers in the Supreme Court can be judged by the legal fraternity,
they looked ridiculous even to the common man. For example, one lawyer
contended that the NA Speaker can set aside an order of the apex court and
this is what has been done in the present case. He further said that less than
two years of sentence will not lead to the disqualification of his client and on
this yardstick Mr Gilani is qualified to continue to hold the office of the
prime minister as he was sentenced to 30 seconds only.
These arguments showed as if the NA Speaker is more powerful than
the Supreme Court. A still more ludicrous was the contention that a prime
minister, if not sentenced to full two years, can rule the country even from a
jail. At one stage it was indicated as if the NA Speaker will call the chief
1083

justice to the assembly (to ask questions). The veiled message did not
work as the chief justice readily agreed to appear before the Speaker on
being summoned.
Yet another submission was that the NA Speakers ruling cannot be
challenged in any court of law. However, nobody represented the Speaker,
because of which the justification for her ruling in favour of Mr Gilani
remained unexplained. The landmark SC order against Mr Gilani clearly
means that all these arguments have been rejected by the bench
Interestingly, the NA Speaker did send a written reply to the SC about
her ruling, but did not ask anyone to represent her. As a result, a number of
questions the court could ask about the rationale of the ruling could not be
asked (Ashraf Mumtaz, TheNation 20th June)
Uncaptioned! The country yesterday received the news that the
Supreme Court of Pakistan had unequivocally declared Mr Gilani unfit to be
the Chief Executive. In more ways than one, this momentous judgment
reflected the popular will of the people, raising expectations that it would set
into motion a chain reaction of accountability to net a class that has evaded
the process since long.
Nonetheless, while the judgment raised judicial esteem to new high, it
also generated a sobering question will the new Prime Minister (if the
ruling party submits to the decision of the court) implement the previous
Supreme Court judgment, which directs the writing of a letter to Swiss
authorities for reopening cases against the President? If not, then are we to
witness the beginning of another round? (S Tariq, TheNation 20th June)
The Prime Minister goes: While the PPP goes about the business of
picking a new Prime Minister, it would seem that Mr Gilani owed the job as
much to the President as to the parliamentary party which actually elected
him, and so will his successor. However, apart from the many problems
besetting the country, the question of whether the government will obey the
orders of the Supreme Court remains undecided. While no one is interfering
in the election of the new Prime Minister, in the same way there should be
no disobedience of the Supreme Court. The PPP has done well to accept the
decision, and the President should now proceed swiftly to the filling of the
office which the Supreme Court declared vacant since April 26. The
administrative consequences of not having a Prime Minister, and thus not
having a Cabinet, will have to be faced by the new Prime Minister, and the
PPP, which will select the new incumbent, should do so at once. Whoever
the new PM is should also move swiftly to form the Cabinet, so that the
1084

country has a government once again, and not just the present chaos, where
power riots are the main element in what is happening. The new Cabinet will
have to tackle a host of issues, including Pakistans not yet having re-opened
the NATO supply routes, as well as the wider but related question of
continued participation in the War on Terror.
At the same time, the PPP needs to reconsider its role, and what it has
become. It is to be assumed that it does not want again to put the country,
and itself, through the trauma which led to Mr Gilanis removal from office.
The PPP has to decide whether it is bigger than any individual, or is it just a
political vehicle for the late Zulfikar Ali Bhutto and his family. The new
Prime Minister must be given clear instructions that the Supreme Court is to
be obeyed, and that means that the letter to the Swiss authorities about the
corruption case involving President Asif Ali Zardari must be written. It must
not be forgotten that Mr Gilanis failure to write this letter, asking for the
reinstitution of not operating, was what led first to his being convicted of
contempt of court, and then to his removal from office after the conviction
was found to prevent his continued membership of the National Assembly.
The new Prime Minister should not have as his primary responsibility the
prevention of the President having to face the consequences of his actions.
Instead, the new incumbent should have laid upon him the duty of upholding
the rule of law, of understanding that the Supreme Court decision on Mr
Gilani was the result of laying stress on this principle.
The previous Prime Minister paid the price for being more obedient to
the decisions of the party than to those of the Supreme Court. His successor
must not repeat that error. It must be remembered that while the party, or
rather the party co-Chairman, granted the office, it was a state institution,
and thus intrinsically demanded that all other state institutions, such as the
Supreme Court, be given their due. The nation needs neither Prime Ministers
removed from office by the Supreme Court, nor them defying it. It needs
obedience to its orders, no matter how high an official might be affected.
The PPP has got to make a decision on whether its Co-Chairman is bigger
than the law, or not. The Supreme Court has already decided that the Prime
Minster, for all his having said repeatedly that he was head of the executive,
is not. As the legal adage has it: Let justice be done, even if the heavens fall.
The Supreme Court has shown that it will abide by that adage by taking the
extreme step of delivering a verdict removing a Prime Minister from office.
No one, least of all the PPP, should think that there will be any hesitation at
making any other difficult decisions. It is thus time for the PPP to stop this

1085

unseemly clash with the judiciary, sacrificing any individuals who get in the
way. (Editorial, TheNation 21st June)
Fighting the court, in the court: The eagerness with which the top
PPP leadership has accepted the judicial mauling of Yousuf Raza Gilani
may have taken many by surprise but not the people in the know. Hardly
known for lapping up Supreme Court verdicts as some holy avatar, the party
almost gleefully bowed its head before a decision that had just seen its
defiant prime minister being toasted on the judicial spike. A grudging
submission to the principle of judicial supremacy is that what we just saw
at play here: A complete transformation of the rulers heart and soul?
According to those privy to the mystifying workings of the inner most
sanctums of power, the case is a simple one of someone having grown too
big for his own shoes or good. Ever since he took on the Supreme Court,
the former prime minister had grown immensely in stature within his party
apparatus and was surprisingly becoming a man of his own perhaps a bit
too much and too fast. During the past few months in particular, the prime
ministers office had started flexing too much muscle and on more than one
occasion had ignored some important directives from the presidency. Of
course, nobody on either side is willing to say the same on record, but the
simmering tension was confirmed candidly in exhaustive background
discussions.
The president himself is quite miffed with him but both he and the
PM know that under the present circumstances he (president) cannot send
him packing. Funny as it may sound, its actually the CJ who is our last hope
to get rid of Gilani reasonably early and well before the next elections, was
how one highly informed insider put it about four weeks back Already,
there is also talk of the law being allowed to take its course in the event of
corruption and other charges emerging against the fallen prime minister and
his industrious family members. And while Gilani may have been referred to
as my perennial prime minister by President Zardari, he is clearly no
longer the presidents perennial favourite.
However, while the legal episode marking Gilanis exit may be over,
legal worries of his political boss are not. A great deal of introspection is
going on to ascertain past mistakes in the ongoing standoff with the Supreme
Court on the Swiss letter issue. Gilani may have bitten the bullet but the
issue of the unwritten question remains, and continues to threaten the futures
both of the president and his yet-to-be anointed new prime minister. The
government has already signaled its continued defiance, with the president
1086

announcing that the new prime minister will not, like the old one, allow the
trial of BBs grave.
So what happens next on the legal front, pregnant with political
ramifications? Will the government stick to its original stance and feed
another prime minister to the judicial mince machine? Or will the court take
it easy, avoid sacking another PM and preempt the threat of sending the
system into a tailspin?
Our future strategy will be decided by the initial reaction, or
instigation of the SC vis--vis our new prime minister, said a top legal eagle
of the government. Criticism of an activist SC notwithstanding, consensus
has emerged within the ruling echelon that the ruling party had botched up
its own legal case. In what could be described as a catharsis of the bygone,
the resurrected legal ace said, The NRO petition should have been
contested. We should have been a party to the NRO review. Aitzaz should
have called the SCs bluff of asking him to plead presidential immunity and
argue about it. The court could not have touched him on it; why he didnt do
this is beyond me.
Another legal eagle said: We should have filed an appeal against the
seven-member bench. Its one thing to talk politics outside the courtroom
and another to waste your legal options within. But from now onwards, we
will not leave any legal option unexplored or go to waste. If the court wants
a legal fight, its got one on its hands.
This marks a radical change. In the last few months, as people tried to
understand and explain the ruling partys rationale in taking on such a
defiant stance on the Swiss letter issue and the PMs conviction, many
predicted that the partys ultimate downfall would be that it had decided to
fight politically what should been fought legally. In other words, the PPP
decided to opt for a completely political strategy to the absolute neglect of
available legal options. Now, it seems that better sense has prevailed and the
party realizes that hereon it is the legal in which refuge must be sought. Or
rather legal arguments and deft political moves that is the combination
required, not activating one at the cost of the other.
The disqualification of Gilani had been on the wall for a while but the
swiftness with which the final case was concluded and the verdict handed
down took the ruling party by surprise. Certain moves including a really
tough worded assembly resolution was in the process of being prepared but
the government never got a chance to slip it in. But that does not mean that
the claws have been pulled back in. While the government appears resigned
1087

to the fate of living with the incumbent CJ till the end of both parties terms
in office, work however has already begun to bring about some tactfully
designed changes in the Constitution to further clearly spell out the
jurisdiction and role of the SC. Aware of the sensitivity of public emotion
and the opposition, both of which are expected to respond strongly against
any perceived attempt to curtail the judiciarys power, extreme care is being
exercised to sugarcoat this endeavor as one aimed at eliminating ambiguities
pertaining to the domains of the executive and the judiciary rather than a
covert attempt to tame the apex court. Whether this will be another futile
attempt remains to be seen.
Understandably, while no one is willing to reveal the contours of the
governments future legal strategy, one thing is certain: the government has
dug in its heels for a protracted battle and this time around, there will be
bloody noses on both sides. Based on informal off-the-record discussions, it
can be safely presumed that were the SC to gun for the new PM whether
on its own initiative or compelled by some petition filed by another there
would first be a long drawn out fight several fronts: the question of the SCs
jurisdiction of directly disqualifying a parliamentarian; of trying two
different prime ministers on the same charge; presidential immunity under
Article 248 of the Constitution, to name but a few. The government strategy
this time around is to take the SC head-on on points of law and to unleash a
parallel perception campaign that will raise questions about the real intent
of the court indulging in a zealous hounding of its leadership.
In a lighter aside and while taking a shot at the chief justice, a former
minister pointed out that while the bench had declared the PMs office
vacant since April 26th, the CJ was clearly not of the same view earlier;
otherwise he would not have principally accepted Prime Minister Gilanis
advice to the president to elevate Justice Azmat Saeed to the Supreme Court
and appoint Justice Atta Bandial as CJ LHC. (Mohammad Malick, The
News 22nd June)
The grim comedy goes on: Gilanis departure is a matter neither of
joy nor sorrow. Another dummy receding into the pages of history, or rather
its minor footnotes...what does it matter? If at all he is remembered it will be
for his extensive wardrobe, his smart ties. His replacement, Shahabuddin or
whoever: another entry in the book of ciphers which is the record of our
national achievements.
In the long decline of the Mughal Empire we see princes and
emperors coming and going and leaving not the slightest impression on the
1088

mind. Aurangzebs successors: how many can we name? If they are


remembered it is for their ineptitude. Presidents and prime ministers of
Pakistan share the same quality. If most of them had never happened it
would have made not the slightest difference to anything.
We may have the Indus and our other rivers, the highest peaks and
mountains, fertile soil and enchanting desert, and a stunning variety of so
many other things. But one thing we dont have, what we have never
managed to produce, is a competent leadership class. The calibre of the first
generation of leaders who presided over the rites of independence was so
much higher than what we have today
Ours is a primitive society in so many ways, putting a premium on
leadership to give it form and direction and, with luck, set it on the path of
destiny. Weve had straw figures playing at being strongmen. But the gift of
inspiring leadership has somehow eluded us Zardaris photo as he presides
over a meeting of his party parliamentarians says it all. Dazed and almost
out of his wits and all he has to say is that a trial of Benazir Bhuttos grave
will not be allowed. His way of saying that the heavens may fall but the
Swiss cases, pertaining to the commission-taking charges against him, will
not be reopened. Consider our luck, someone haunted by his past and indeed
a hostage to it, our first magistrate. And as things look, no way of getting rid
of him until his term expires.
How will the new prime minister get into the stride of things? How
will the SC be answered as it presses for action on the Swiss cases? And
theres the energy crisis looming over everything, slowly stoking the fires of
disorder. A shambles of a government and the country stuck with it.
Elections would seem to be the only solution, bringing a fresh team at the
helm, but the route leading to them is not quick or easy. Who will order
them? Not Zardari as the waters rise above his head.
It would be something to celebrate if Gilanis departure was a triumph
of the rule of law. But things are rarely that simple with us, the application of
justice seen by many as a selective exercise rather than anything else, the
letter of the law applied with great strictness some of the time but the same
fervour missing in other instances.
The coming elections, if nothing happens to derail them, promise to
be the most significant, and probably the most charged, since the fateful
elections of 1977 which paved the way for Gen Zias martial law and the
long night which came with it. Either these elections lead to a sense of
renewal or a greater sense of hopelessness.
1089

One thing is for sure: all the worlds magicians can come together and
try but five more years of Zardari are simply impossible. Pakistan may have
great reserves of endurance but not for anything like this. There has to be a
change or the crisis Greece is facing will look like childs play compared to
our own. Weve been living on borrowed money and borrowed time. The
bills must now be paid
If Pakistan is to be rescued it has to be from itself. But it will take
more than our usual crop of Zardaris and Gilanis and other would-be
redeemers in the wings to bring this about. The most important question of
all: is there a cure for the Pakistani malaise or we are doomed to go around
in circles forever? (Ayaz Amir, The News 22nd June)
The new PM: Ashraf has come to be seen as the face of the countrys
energy crisis, blamed for much of the governments disastrous policies on
energy and largely known as a man who repeatedly made false promises to
the people about solving the power crisis and that is putting it in a civilized
way. It thus boggles the mind that at a time when thousands of enraged
people have taken to the streets against load shedding, the man who is so
widely regarded as one of the biggest characters in the sordid saga of
corruption and mismanagement behind the energy mess now becomes the
countrys new chief executive. Also incredible is the fact that in the process
of nominating candidates for the prime ministerial slot, the Peoples Party, or
rather President Zardari, picked not one but two contenders embroiled in
controversy and allegations of corruption, the other one being Makhdoom
Shahabuddin who is caught up in the ephedrine scam and faces possible
court action.
As things stand, the new prime minister faces at least two immediate
challenges. The first will come in the form of Supreme Court orders to
write to Swiss authorities for reopening money-laundering cases against
President Zardari The second challenge may come from the opposition if
it files petitions asking the courts to expedite the hearing of corruption
allegations against Ashraf The question then is: how long will the new
prime minister last? In the first place, even if he lasts till the end, it would be
naive to expect from a PM who will be there only for a few months,
probably like Chaudhry Shujaat Hussain who came after Zafarullah Jamali,
to seriously address any issue of importance or even plan for it. Meanwhile,
people seek change in their lives. There is a limit to how long they can bear
up to 20 hours a day of load shedding; there is a limit to how much
misgovernance and corruption they can see happening. What they see is that
the only thing that matters to President Zardari is loyalty to the party and to
1090

him and evidence that Ashraf will, like Gilani, be able to deliver the
ultimate sacrifice for the boss, if asked to. Pakistans sundry problems figure
little in the callous calculus of power politics. Turbulence, then, certainly lies
ahead with many wondering what is stopping everyone from going for
new elections only a few months ahead of schedule. (Editorial, The News
23rd June)
The new Prime Minister: While Raja Parvez faces serious
challenges on both foreign and domestic fronts, his real challenge will be to
so steer the ship of state that his party will be able to anticipate success in
the general election, coming up probably sooner than he would wish. While
the outgoing government may not have done much to ease that task, there is
still time, still steps he can take, that will produce the desired result. The first
thing he needs to do is end the load shedding. Perhaps he will be better able
to achieve this after having been responsible for this as a minister, now that
he has moved up a step. More important, he should realize that he must
serve the country, not any individual, and thus he must obey the law, and the
directions of the courts, no matter who comes within their ambit. (Editorial,
TheNation 23rd June)
Sizzling and strategic! The inept government seems hemmed in by
its own failures and, after the formal disqualification of the convicted Prime
Minister, is strategizing its future policies. It should have selected a new
Prime Minister as you read this and Raja Pervaiz Ashraf is its candidate. It is
truly mind-boggling that the PPP cannot do better than selecting Raja Rental
for the top position. More than the Swiss cases or any other allegations
against himself, the Co-Chairman of the party ought to be taken to task for
damaging, beyond repair, the image of the party. The party when it was
founded was close to the hearts of all those who dreamt of a progressive,
liberal and egalitarian Pakistan. Its ideals enthused and inspired so many. Its
pull divided families which were firmly entrenched in the feudal mindset. It
liberated women and gave freedom to speak up against injustice. It had a
strong appeal in all our provinces.
What we see of it are shambles and tatters of its former glory. The
people representing it do not sound overly convinced themselves when faced
with the defence of their policies. In fact, they appear decidedly
uncomfortable apart from unconvincing. It is so apparent that their heart is
not in their sheepish side of the story. I found the comment of PPP MNA
Chan so amusing which he made when he was questioned about the media
being in hot soup, he replied informally: Media ko hamari haa lagi hai
hamara koi hashr kiya hai char saal iss nai! After the former Prime
1091

Minister was given marching orders, the party kept having its meetings at
the presidency, which is also a violation of sorts because the presidency
symbolizes the federation and is supposed to be non-partisan. (Will eminent
legal expert Babar Sattar shed some light?) Young Bilawal sitting in the
middle also appeared so uncomfortable and out of place. As somebody
remarked on the social media that the PPP could share its slogan with a
famous cooking oil: Nasl der nasl Bhutto naam per aitmaad! (Editorial,
Tallat Azim, TheNation 23rd June)
Supremacy of Constitution: When a nation is beset with a plethora
of complex problems as Pakistan is, their solutions demand multiple
measures, including the need to pass new laws to meet a particular situation.
Since there are different political parties with some having an axe to grind
when it comes to lawmaking, utmost caution has to be exercised by the
legislators to first ensure that the laws they are drafting and approving are
strictly in consonance with the Constitution. Simultaneously, it has to be
ensured that the citizens fundamental rights that the Constitution places at
the top are safeguarded. In Pakistans case, no law repugnant to the Islamic
principles, which guide the Constitution, could be enacted. Chief Justice
Iftikhar Muhammad Chaudhry stressed this with the example of the
overturned 2006 Hasba Bill, in then NWFP, which was drafted by the MMA
setup, and declared unconstitutional by a bench headed by the Chief Justice
himself. He made this point while addressing a group of students belonging
to Youth Parliament on Saturday. While he underscored Parliaments
supremacy he followed it up with emphasizing that everything was
subservient to law. In circumstances such as ours, well heeled opportunists
find it easy to get into Parliament. Consequently, there has to be a final
check on the legislation. Justice Chaudhrys words that this power was
vested with the Supreme Court are not in doubt. This authority of the
Supreme Court as being the interpreter of the Constitution, is the practice in
democracies the world over. (Editorial, TheNation 25th June)
We the crises lovers! There is credible information that the ousted
Prime Minister was well on its way to defy the judicial verdict through an
Act of Parliament to undermine the decision of the Supreme Court
resulting in his disqualification. A person elevated to the slot through a
memorable national consensus vote was, indeed, bent upon bleeding the
system to its last drop.
In such an eventuality, the judiciary could have exercised harsher
options, including the invocation of constitutional articles and call for
implementation of the rule of law in the country; resulting into systemic
1092

collapse. The credit goes to the military component of national leadership


that at the eleventh hour, it communicated a cold message to the
intoxicated political leadership that any move for confrontation would lead
to a reaction by the other side, which could seriously damage the democratic
system. However, the civilian leadership actually buckled when a real
danger of meltdown of its alliance surfaced. While the ruling alliance was
contemplating to act as a political suicide bomber, the rival political powers
had decided to come to the street in the judiciarys favour had it (the ruling
coalition) decided to go for the self-destruct option.
It is reassuring that eventually sanity prevailed and a chaotic situation
was averted. Again the question arises that: why do we have to reach that
high level of political escalation ladder before falling flat on the ground?
This pattern tends to reinforce an unfortunate impression that Pakistan
is heading towards the status of a failed state. This impression is repeatedly
being created from within; threads are then picked up by the foreign
elements to support an ongoing campaign against Pakistan. No wonder that
the Foreign Policy magazine for 2012 has placed Pakistan as 13 th on the
index of failed states.
The Supreme Courts decision to oust the defiant PM has surely
served as a morale booster for the people of Pakistan. It has strengthened the
belief that rule of law and supremacy of the Constitution would ultimately
prevail despite all odds. Attempts were made to discredit the state
institutions, but the judgment has proved it beyond doubt that they are intact
and playing their role, though much below the optimum level.
At least on the face of it, everyone has accepted the courts verdict,
which has the sole prerogative of interpreting the Constitution. The way the
judges conducted themselves independently, and the compliant behaviour by
all and sundry, has sent a strong message to the outside world that Pakistan
is a civilized country, having inbuilt capacity to move ahead despite many
challenges.
The judiciary has not only fulfilled the supreme demands of justice,
but also demonstrated its unflinching commitment to the democratic process.
This is, indeed, a turning point in the otherwise chequered history of the
country. The smooth re-election of the new Prime Minister is refreshing.
However, his first daunting assignment is of writing the pending letter to the
Swiss authorities; lest the death dance resumes.
It is not a pleasant thing to watch the judiciary unseat an elected Prime
Minister. However, the poor performance of the ruling coalition on various
1093

counts has translated it into the effect that people were happy to see the
former PM leave. This does not mean that his government did not have any
good things to its credit. The 18th Amendment, NFC Award and arresting the
separatist trends in Balochistan have, indeed, been its praiseworthy credits.
Nevertheless, a bold course correction is overdue. Playing the
martyrdom, conspiracy or victim card will only go so far in the face of
wholesome spectrums of the problems that the country faces.
As elections appear around the corner, it leads to the final question:
will the people elect better leaders when asked to vote, or it will again be a
hung Parliament with familiar persona, parties and practices? (Editorial,
TheNation 25th June)
Hostage to Swiss letter: Some people grow into their jobs. Others
dont. But there is also a third category. They actually shrink when saddled
with responsibilities that are too big for them. Gilani belonged to this
category. Not only that, he also diminished the office of prime minister that
he held, technically, for four years, two of them after the adoption of the 18 th
Amendment. Even after the adoption of this amendment, which made the
prime minister constitutionally the most powerful man in the country, Gilani
remained Zardaris mouthpiece, much like Shaukat Aziz, who served as
Musharrafs major domo for three years.
Gilani was chosen by Zardari Without any political vision, without
even an elementary concept of good governance and without a moral
compass, the only purpose which guided Gilanis actions as prime minister
was to prolong the rule of the Bhutto-Zardari dynasty and protect Zardari
from legal proceedings in the Swiss money-laundering case. He kept the
Dogar court in place as long as he could, was a party to Zardaris failed
conspiracy in 2009 to topple the Punjab government, attempted
unsuccessfully to have the NRO approved by parliament and refused to
implement the Supreme Courts orders directing the government to write the
Swiss letter.
The sacking of Gilani through a judicial verdict has been called by
some a judicial coup. It is certainly not the finest hour in Pakistans
turbulent constitutional history. But the fact is that the Supreme Court, as the
guardian of the Constitution and rule of law, had been left with no other
option, especially after the speakers highly partisan and legally indefensible
ruling that the question of Gilanis disqualification had not even arisen
There is an opinion that the court should have avoided pursuing the
contempt of court case against Gilani so zealously because the larger
1094

corruption issue involves not him but the president. Legally, there might
have been a case against the prime minister, but it was best for the supreme
judiciary not to have waded so deep into such obviously political waters,
according to one commentator
First, the Supreme Court had already given a long enough rope to the
government, granting it every possibility of adjournment, appeal and review,
but the court could clearly not have allowed the government to use
procedural subterfuges to evade justice indefinitely. Second, the argument
that the court should have showed leniency because the case involves top
political leaders is simply appalling. The fact that we apply different and
more permissive standards to the rich and powerful than to the ordinary
citizen has been our bane. The Supreme Court verdict in fact deserves to be
applauded precisely because it dents the impunity that our privileged elite
effectively enjoys from our laws and rejects the notion that they are more
equal than ordinary mortals.
A single judgment will not change deeply ingrained habits or
mindsets, but it is a good step. Another test will be coming soon enough
when Pervaiz Ashraf, our new prime minister, is called upon to write the
Swiss letter. He was chosen by Zardari not because of his competence or
integrity but because he too is tainted with allegations of graft and is a cardcarrying loyalist of the Bhutto-Zardari family. Syed Nasir Ali Shah, an
outspoken PPP MNA from Quetta, put it quite bluntly when he said that the
only criterion for the top slot is that you must be a corrupt person.
Our conspiracy theorists have often spoken of collusion between the
judiciary and the establishment in destabilizing the PPP-led government.
Some of them are now hinting that Gilani was toppled through an intrigue
by the judiciary. Zardari claimed in an unusual speech at the oath-taking
ceremony of the new cabinet that some unnamed detractors of democracy
had long been hounding Gilani and had been hoping that his departure
would give them a chance to send the National Assembly packing and create
political uncertainty. They had been proved wrong, Zardari said.
Unfortunately, Zardari offered no solution to the mystery why he
withdrew Shahabuddins candidature. The conspiracy theorists have been
quick to blame the army for having instigated the arrest warrants against him
in the ephedrine scandal. But they have not explained why the military
should have been so dead set against Shahabuddin and, if they were, why
they should have resorted to this crude ploy to make their point. It is in fact
more plausible that it was done to save Shahabuddin from disqualification in
1095

the same way as Gilani so that he remains available for the prime ministerial
post at a future time. Raja Ashraf, in comparison, is more dispensable and
could be sacrificed. It is also possible that Shahabuddin himself asked to be
spared the honour so as not to risk disqualification and jeopardize his
political career.
Raja Ashraf is totally beholden to Zardari and has no political
following outside his constituency No one expects Raja Ashraf to concern
himself very much with the countrys huge and pressing security, economic
and power problems. Even if he were to wish it, he lacks the capacity. In any
case, he is a stopgap choice and will serve for a maximum of nine months,
probably less. Decision-making is therefore expected to shift even more than
under Gilani from the cabinet to the presidency.
As Zardari told the PPP parliamentary party last week, the new prime
minister will also not allow the trial of Benazir Bhuttos grave. The main
question now is, when the Supreme Court will start legal proceedings if, as
is certain, and Pervaiz Ashraf refuses to carry out the orders to write to the
Swiss government, whether the court will then act on the fast track or follow
a leisurely pace, as it did with Gilani.
The question of the Swiss letter will simply not go away. Gilani was
the first prime minister to lose his job because of it. Those who follow him
could meet the same fate. Even the caretaker prime minister appointed after
the National Assembly is dissolved and the government which emerges from
the next elections will be confronted with this issue. (Asif Ezdi, The News
25th June)

Provincial disharmony
Rising heat: The violence that has erupted across Punjab as a result
of the power crisis that simply fails to go away was not unexpected. The
rage has been simmering for a long time now. It has poured on to the streets
as protesters in Lahore, Faisalabad and Gujranwala and other areas turned
violent, demanding that the government act immediately to restore power to
homes and, more importantly, to factories and workshops the closure of
which is having a disastrous impact on workers everywhere. We are told that
the power shortfall has now risen to 8,500 MW with the director of Pepco
blaming both the Ministry of Finance and the Ministry of Petroleum for the
situation which has engulfed peoples lives and destroyed means of
livelihood. Circular debt and mismanagement are no doubt the major factors
behind the crisis we have known this for long. In fact, experts even say
that there is no real shortage of power as far as the actual generation of
1096

electricity is concerned. Somehow the knowledge that things could be much


better if proper measures and good governance existed makes it even harder
to take the heat.
People are obviously unwilling to do so, especially as they continue to
be loaded down with electricity bills that keep pouring in. The directions
issued by President Zardari to Petroleum Minister Dr Asim Hussain that
things should be immediately rectified are hardly reassuring. Such words
have been heard many times before. Just days ago, at a high-level meeting,
the prime minister had promised an extremely swift improvement in the
situation. We have yet to see that happening if anything the situation is
getting worse by the day as far as people are concerned. There is now not
much time to lose. The government needs to consider how much people will
endure and how many lies they will tolerate. Their patience is obviously
running out as the economic welfare of millions is badly hit by the power
crisis. And they feel that things could be rectified within days with better
management and more effort. This is not happening. The lack of willingness
to treat the matter as urgent only adds to the agony of people and to their
helplessness. The state of affairs we see now, with people literally left with
no means to keep even a single fan running as temperatures go up, will only
give rise to more rage. (Editorial, The News 19th June)
Riot season: Punjab seems to have been pushed back into the dark
ages not just because of the darkness caused by the absence of electricity
for up to 22 hours but also by the raging mobs that have unleashed
barbarism across cities in Punjab. Enraged groups of protesters, demanding
an end to unscheduled load shedding, are running riot in towns and cities
across the province, looting banks, shopping centres and even passengers of
trains However, Punjab Chief Minister Shahbaz Sharif and his
government cannot escape blame for what is happening.
To take the example of Faisalabad alone, the sheer magnitude of the
visibly well-planned protest rally should have spurned his government into
taking necessary measures to protect life and property. Thousands of people
drove into the town centre on trucks and all available means of transport,
along with a multitude of baton-brandishing angry citizens and opportunist
criminals, while the police were nowhere to be seen. Looting and arson took
place with impunity and the police only came into action when the power
grid came under threat. This was governance at its worst. It would be
criminal if the administration deliberately looked the other way to score
political points against the ruling PPP during an election year. On Tuesday,
Shahbaz Sharif addressed the Punjab Assembly and said he could never
1097

order the police to shoot at hapless people who had taken to the streets to
voice their frustration and helplessness. Be that as it may, the CM also needs
to remember that the people whose property and livelihoods are being
affected by the protests are also equally helpless and in need of protection.
The Punjab government cannot turn their back on them.
Minister Mukhtar has also said that compensatory measures will be
taken to mitigate Punjabs crippling power woes while the CM has
announced Rs5 billion to resolve the provinces energy problems. The
massive destruction of public and private property and the physical threat
posed to parliamentarians for the first time seem to have forced the
government into taking meaningful action on the energy front. It is indeed
unfortunate that undisciplined public behavior is needed to force discipline
in the ranks of a government that clearly suffers from confused priorities.
The ongoing anarchy in Punjab must serve as an eye-opener for our policy
makers. Their first and foremost priority must be to provide uninterrupted
power to domestic consumers and industry this is the bare minimum to get
people off the streets and back into factories and homes. The energy crisis is
not an impossible riddle. The solutions are staring us in the face; what is
missing is the urgent prioritization warranted by the circumstances.
(Editorial, The News 20th June)
Air-conditioned ignorance! According to an estimate, Pakistan
suffers a loss of nearly $10-12 billion due to lost investments,
unemployment and bank defaults because of the energy crisis. It is a pity
that the political leadership does not any concern that is required in the
present situation in which the entire country is spending sleepless nights due
to long hours of load shedding.
The PPP-led coalition government must understand that if this
problem persists, it may lose the next elections. The government is advised
to cut its non-developmental expenditures and trim the perks and privileges
of those who are not contributing productively for this country.
Another solution could be to generate loans or outright subsidize the
present crisis, so that the sufferings of the poor and needy could be reduced
as early as possible. For the government, this should be a continuous
exercise. It should not leave it to the masses to come out in the streets, which
is now degenerating into violence. That has resulted in the loss of precious
lives and extensive damage to property.
As for the opposition, the opportunity is very tempting to score
political points in an election year. But they must understand that if they
1098

instigate the people towards violence, they are not doing any national service
and are equally responsible. It is, therefore, expected that in the coming days
and weeks the government would generate the funds that are required to
provide electricity to the people and that a uniform load management policy
is put in place in the country without discrimination.
As far as state organizations that have failed to pay billions of rupees
for electricity consumption, the government is well within its right to deduct
funds at source from them, so that the burden of circular debt can be
reduced.
Another important issue is the pilferage of electricity, which cannot be
done without the support of Wapda employees. Strident measures must be
put in place not only to punish those who are guilty of stealing it, but also
facilitate such thefts. Out of every Rs100 that is due to the government,
Rs28 are never received because of the menace of theft. So, if the
government manages to control the situation, it will surely alleviate the
peoples suffering and reduce the governments burden of debt.
All these things are manageable, but require political will and honesty
of purpose. In case the concerned authorities fail to make amends and come
clean on this issue, it could plunge the country not only in the darkness that
has been imposed due to the non-availability and mismanagement of
electricity affairs, but also lead to an early demise of democracy.
The level of social unrest that is now being witnessed in the streets
also has the potential to snowball, creating conditions for intervention by the
forces who do not believe in the will of the people. Therefore, in order to
avoid a situation where democracy is once again derailed, it is better that the
people at the helm of affairs wake up before the situation slips out of hand; a
prospect that will not be in the interest of Pakistan and its people. (Azam
Khalil Niazi, TheNation 22nd June)

Turf war in Karachi


Shoot on sight: Nothing can perhaps illustrate better the
administrative failure of the Sindh government to control the law and order
situation in Karachi, the countrys sole port and industrial and financial
capital, than the shoot-on-sight orders given to policemen by the CCPO,
which included a blanket permission to traders to shoot extortionists. When
a government refuses to understand that traders, who depend on peaceful
conditions for their business to flourish, want protection, not the chaos of
permission to kill.

1099

It makes no sense. The Sindh coalition consists of those parties which


enjoy an overwhelming majority in either the rural or urban areas of the
province. Why then this continual bloodletting and prevalence of
extortionists that the police has apparently thrown up its hands and asked
businessmen to turn to the use of violence themselves? The people being
killed include members of political parties. The 10 killed on Sunday, ought
to make the government ask all the parties to make joint efforts to stop the
killings. The police are reported as believing that a single group is behind
the killings of the last five or six days, which not only has the latest
weapons, but also a double-cabin truck for transport. If a single gang is at
work, do the shoot-on-sight orders not show the height of panic in the
police, at a time when beleaguered citizens want it to be as calm and
collected as possible. The solution to the problems of the countrys largest
city must be political, not merely administrative, but it is also necessary to
take the right administrative steps, which should include the arrest and trial
of culprits, something which has been hitherto missing. This should not
require any political consent, but if need be, the Sindh government should
convey to all parties, that it will not tolerate any more lawlessness in its
capital. At the same time, all the coalition partners should expect the
electorate to exact a political cost at the coming general election. (Editorial,
TheNation 19th June)

REVIEW
Traditionally, the best lamb in the herd is chosen for sacrifice. The
criteria for qualifying as the best in the herd normally relate to the good
quantity meat it carries on his hoofs. Keeping that in view it can be said that
Raja Rental from Gujar Khan (Raja Pervaiz Ashraf) is as good as the black
goats which are slaughtered each day in the Presidency.
But, all that is idealistic and theoretical. It has nothing to do with
Zardaris real politick of democratic revenge exacted through strategy of
reconciliation. The strategy is as ridiculous as the intended mission;
reconcile with everything that serves personal interests no matter how
immoral and illegal that might be.
After Gilani was slaughtered at the altar of Scoundrels Swiss
Accounts, another matching one, perhaps more than matching, was pushed
forward. The criterion remained unchanged; anyone nourishing the ambition
to become Prime Minister must not write letter to Swiss authorities and be
willing to defy all court verdicts which do not suit the interests of the boss.
1100

Out of those who show willingness to do the above even at the risk of
being slaughtered, Zardari carefully selects one. His choice causes
widespread shock and awe even within the rank and file of the party he
leads. It is because that ordinary people fail to see the wisdom behind his
choice; the wisdom is that slaughtering of chosen should cause no big loss
to the PPP.
Reportedly, the selection of Raja Rental is part of Zardaris eccentric
concepts of revenge and the strategy for exacting it. He felt that he has been
wronged by the judiciary by issuing arrest warrants of Shahabud Din and
in revenge he must appoint Raja Rental and punish the people of Pakistan.
But in the face of criticism on account of his sins he always ducks behind
the grave of his wife by saying that he wont allow the trial of Shaheed
Benazir Bhutto.
By naming Raja Rental, mustering support for him and getting him
elected with resounding margin he pulled down many a trousers of leaders
on either side of the political divide. Gujrati cousins led their herd to vote for
Raja, including yet another makhdoom Faisal Saleh Hayat who had filed a
petition in the Supreme Court against corruption in RPP Project.
MQM agreed on the nomination of Raja Rental after Zardari doled the
bone of Home Ministry of Sindh. Despite all his shortcomings Fazlur
Rehman faired slightly better, but PML-N was stripped naked, because in
spite of the unfavourable circumstances for him, Zardari completely isolated
his main rival.
The day Raja Rental was elected and sworn in as Prime Minister
power-outages kept playing havoc with people of Pakistan. Soon after he
was declared winner and well before taking formal oath as per the
Constitution he pledged loyalty to party and the party boss in his speech in
the National Assembly. He maintained the same priorities two days later
when he first paid homage at Garhi Khuda Bakhsh and then went to Mazare-Quaid.
His predecessor is now residing in Presidency and his host has issued
an ordinance granting blanket cover to all his actions which he took during
54 day in which he remained in illegal occupation of the office of Prime
Minister. He, however, has been provided free lodging as state guest for
protection of his son Ali Musa for whom a Brigadier of ANF is on the hunt
in ephedrine case.
The Presidency in Islamabad has become a save heaven for
distinguished outlaws, which should not surprise anyone keeping in view
1101

the record of its official resident. Recently, Husain Haqqani had been the
honorable guest of the Scoundrel and perhaps, the same suite has now been
allotted to the Saint and his family, who at present is just an ordinary citizen,
but has a distinction; he is a convict.
All said; Raja Rental and the Supreme Court will be soon face to face
as the next hearing of the implementation of NRO verdict is fixed for June
27. Most people expect that he has a short life; however, the Judiciary may
refuse to slaughter him for not come up to the minimum specifications laid
for a sacrificial lamb and instead constitute commission to write the required
letter to Swiss authorities.
26th June, 2012

AROUND GLOBE-VI
The candidate of Muslim Brotherhood was declared winner in
presidential election in Egypt. This marked the end of pro-American
dictatorial rule in the Land of Pharaohs. Therefore, Mohamed Mursis
victory has been seen with squint eyes by the West and Israel.
The bloodshed in Syria continued with pronounced intensity as
desired by the West that has been in search of an undeniable pretext for
bringing regime change in Damascus. Tensions between Turkey and Syria
mounted after shooting down of an intruding warplane of the former by the
latter. Amid all this the civilized world is meeting over the weekend to
decide the future line of action.
In Yemen, Abdullah Salehs successor has secured visible successes
in the south and al-Qaeda militants have been forced to retreat into the
mountainous region in the north. In this the US close support of Yemeni
security forces, especially in terms of drone attacks, has made major
contribution.

NEWS
Far East: On 21st June, an Indonesian court sentenced bomb maker
Umar Patek to 20 years' jail for his role in the 2002 Bali bombings, bringing
to an end a 10-year probe into the nation's deadliest act of terror. Patek was
found guilty of six charges, a number of which related to the twin suicide

1102

bombings on a Bali nightclub and bar that killed 202 people, including 88
Australians.

Middle East
Iraq: On 16th June, car bombs targeting pilgrims in the Iraqi capital
killed at least 32 people. A medical source said Baghdad hospitals had
received nine bodies and 47 wounded people from the first attack, and 25
bodies and 105 wounded from the second. A police first lieutenant at the
scene of the second blast said that it was also a suicide bombing that hit a
minibus carrying pilgrims.
On 18th June, a suicide bomber detonated an explosive belt at a Shiite
gathering in Baquba, north of Baghdad, killing 15 people and wounding 40.
The attack came just two days after 32 people were killed by two car bombs
targeting Shia pilgrims in Baghdad. The news item concluded with routine
sentence: Violence in Iraq has declined dramatically since its peak in 20062007, but attacks remain common, especially in the capital.
On 22nd June, at least 13 people were killed and more than 100
wounded when two roadside bombs exploded in quick succession in a
crowded Baghdad market. The first explosion struck Husseiniya, a market in
a mainly Shia area on the outskirts of the Iraqi capital and the second blast
followed soon afterwards as security forces and civilians gathered to tend to
the casualties from the first.
On 25th June, a car bomb south of Baghdad killed eight people and
wounded 32, while a roadside bomb north of the capital killed four people
and wounded three. The latest violence brings the number of people killed in
attacks in Iraq since June 13 to at least 171 more than killed in attacks in
all of May, according to official figures.
Three days later, a series of attacks in Iraq killed at least 18 people
and wounded more than 80. In the worst single attack, a car bombing in a
market in the capital killed eight people and wounded 30. Another car bomb
exploded in Baquba north of Baghdad, killing four people and wounding 25
others. That attack came after a bombing in the city that killed two people
and wounded four. Another car bomb killed two people and wounded 15 in
Taji. In Samarra, gunmen killed two Sahwa anti-al-Qaeda militiamen and
wounded two more at a roadblock.
Palestine: On 17th June, two Palestinians were shot dead by an Israeli
truck driver in the south Hebron Hills. Palestinian officials confirmed the

1103

two deaths but had no information about the circumstances of the shooting
which took place in the southernmost part of the West Bank.
Next day, two Palestinians were killed in second Israeli air strike on
the northern Gaza town of Beit Hanun, raising the overall toll to four dead,
Palestinian. At least three other people were wounded in the attack. The
earlier strike targeted a motorcycle just east of Beit Hanun, killing two
Islamic Jihad activists.
A group of militants who sneaked across the Egyptian border killed an
Israeli civilian, sparking a firefight which left at least two gunmen dead. And
following more than six hours of searches, the army said it had ruled out the
possibility any gunmen were still inside southern Israel as initially feared.
On 20th June, an Israeli air strike on southern Gaza killed a global
jihad militant who put together a deadly ambush on Israels border with
Egypt. The strike, which targeted a man on a motorbike in the southern city
of Rafah, came as the violence in and around Gaza entered its third day. So
far, seven Palestinians have been killed and another six wounded in Israeli
air strikes.
Meanwhile, there was no let-up in the violence around Gaza, with at
least 15 rockets hitting the Jewish state despite seven overnight air strikes. In
total, 45 rockets hit Israel on June 19, all of which were claimed by the
Hamas armed wing in a rare show of force. Previously, the group had been
observing a de facto truce on rocket attacks.
On 22nd June, a Palestinian was killed and two were wounded when
Israeli warplanes struck east of Al-Bureij in the central Gaza Strip. Earlier in
the day, Palestinian militants in Gaza fired two rockets that hit southern
Israel, without causing casualties or damage. The violence came despite a
tenuous Egyptian-brokered truce between Israel and Gaza's Hamas rulers.
Syria: On 16th June, Syrian troops shelled several rebel strongholds
overnight, including Douma in northern Damascus and the central city of
Homs; at least 36 people killed nationwide. Some 800 Muslims and
Christians trapped in the flashpoint Syrian city of Homs have urged
humanitarian agencies to help them flee the bloodshed, a Vatican news
agency said.
The US State Department said that the sooner a political transition
occurs in Syria the higher the odds of preventing a long and bloody civil
war. We are consulting with our international partners regarding next steps
toward a Syrian-led political transition as called for in Security Council
1104

Resolutions 2042 and 2043, it said in a statement that echoed one issued by
the White House after the suspension of a UN monitoring missions
activities in Syria.
Another general fled Syria and joined rebels camped in southeastern
Turkey with plans to confront the Damascus regime. His identity was not
disclosed for security reasons. The defection brought to 10 the number of
generals seeking refuge in Turkey since the revolt against the Syrian
President Bashar al-Assads regime erupted 16 months ago.
Next day, Syria's opposition cried for help security forces pounded
rebel bastions in Homs province and activists warned that hundreds of
civilians were trapped with little food or water. The opposition Syrian
National Council, meeting in Istanbul, also demanded the deployment of
armed peacekeepers a day after the chief of a UN observers mission said he
was suspending operations because of the relentless bloodshed. Violence
cost at least another 37 lives, taking the overall weekend death toll across the
country to 108.
On 18th June, Syrian forces shelled rebels in Homs and Damascus,
despite opposition pleas for help and a UN warning that such bombardments
amounted to crimes against humanity. At least 52 people were reportedly
killed in the latest violence. UN rights chief Navi Pillay demanded
immediate cessation of such bombardments of populated areas.
Next day, UN chief Ban Ki-moon called on the Security Council to
put sustained pressure on President Bashar al-Assad, saying he was
gravely concerned about the rising death toll. The secretary general
remains gravely concerned about the intensification of violence and rising
death toll as well as continued human rights abuses and unmet humanitarian
needs, assistant secretary general Oscar Fernandez Taranco said.
A Russian ship carrying attack helicopters and missiles destined for
Syria was halted off the Scottish coast after its British insurer withdrew
cover for the vessel. British Foreign Secretary William Hague said the MV
Alaed, owned by Femco, a Russian cargo line, and appeared to be head back
to Russia after Insurer Standard Club said it had cancelled insurance for the
vessel.
On 20th June, the Red Cross said it will try to evacuate hundreds of
civilians trapped by fierce fighting in and around the city of Homs, as
violence killed 29 soldiers and a Muslim cleric among 58 people across
Syria. The head of the UN Supervision Mission in Syria, meanwhile, told the

1105

UN Security Council of the intensifying violence in the country but said the
nearly 300 unarmed monitors were morally obliged to stay.
On the political front, Russia resisted Western pleas to help remove
Syrias President Bashar Assad from power despite the escalating hostilities
that have battered UN-backed peace initiative. We believe that nobody has
the right to decide for other nations who should be in power and who should
not, Russian President Vladimir Putin said after a G20 summit in Mexico.
Next day, 119 people were killed in violence across Syria, among
them 66 civilians and 43 government troops. A Syrian pilot was granted
political asylum after landing his MiG fighter jet in neighbouring Jordan, in
the first such defection. Washington welcomed the defection.
Reportedly, Britain and the United States have discussed offering
Assad immunity from prosecution if he steps down as part of a political
transition package. Russian Foreign Minister said any peace plan that calls
for Assad to leave power and go into exile would not work because he would
not quit.
CIA officers are helping allies decide which Syrian opposition fighters
will receive automatic rifles, rocket-propelled grenades, ammunition and
anti-tank weapons being funneled across the Turkish border, according to
The New York Times. The small number of officers has been operating
secretly in southern Turkey for several weeks, the newspaper reported.
On 22nd June, Syrian government accused rebels of carrying out a
brutal massacre of 25 of its supporters, as neighbouring Turkey held
emergency talks after a Turkish military plane went missing near Syria.
Security forces fired on demonstrators in second-largest city Aleppo killing
at least eight people while another was killed in the province of the same
name.
In neighbouring Turkey, Prime Minister Recep Tayyip Erdogan said
that Damascus had apologized over a Turkish fighter jet crash, in a comment
that suggested the plane was shot down by Syria. Syria immediately offered
a very serious apology for the incident and admitted it was a mistake,
Haberturk daily newspaper quoted Erdogan as saying onboard a plane on the
way to Turkey from Brazil. Erdogan, also quoted by local media, said the
two pilots were alive.
Next day, Ban Ki-moon hoped Turkey and Syria would exercise
restraint over Syrias downing of a Turkish jet fighter over the
Mediterranean. Turkey has so far been measured in its response to the
1106

incident although Prime Minister Tayyip Erdogans office has said Ankara
would act decisively but only when all the details are known.
President Bashar al-Assad formed a new government, less than two
months after parliamentary elections boycotted by the opposition. Foreign
Minister Walid al-Muallem remains unchanged, along with the defence and
interior ministers Daoud Rajha and Mohammad al-Shaar, in the 35-member
cabinet which includes 20 new faces. Meanwhile, at least 40 people were
killed in violence across the country, the majority by regime forces who
shelled rebel bastions and clashed with opposition fighters in several areas.
The casualties included at least 10 troops who had tried to desert in
Damascus province.
On 24th June, at least 63 people were killed in violence across country;
nearly half of them were troops who died in clashes with rebels. Russia said
the Soviet-era Mi-25 copters are being returned to Syria after repair under a
contract that could not be breached.
Next day, Syria described its shooting down of a Turkish warplane as
an act of self-defence and warned Turkey and its NATO allies against any
retaliatory measures. Syria's act of shooting down seemed likely to further
anger Ankara, which has summoned a NATO meeting over what it called an
unprovoked attack in international air space.
A Syrian general, two colonels, two majors, a lieutenant and their
families altogether 199 people crossed the border into Turkey overnight.
The new defections from Assad's armed forces could encourage those
awaiting a disintegration of Assad's army. But there has been little indication
of a broader trend to desertion in senior ranks, bound often to Assad by their
Alawite background.
On 26th June, Turkish Prime Minister told Syria to beware the wrath of
Turkey after the shooting down of a warplane and said he had ordered the
armed forces to react to any military threat from Syria near the two
countries' border. Erdogan's warning to Syria reflected increased tensions not
only on the Mediterranean coast, where the aircraft was shot down last
Friday, but on a long common land border criss-crossed by rebels fighting
President Bashar al-Assad.
NATO member states, summoned by Turkey to an urgent meeting in
Brussels, condemned Syria over the incident that resulted in the loss of two
airmen. The cautious wording of a statement demonstrated the fear of
Western powers as well as Turkey that armed intervention in Syria could stir
a sectarian conflict across the region.
1107

Syria says it had no choice but to take out the plane as it entered
Syrian air space flying low and at high speed. It found out it was Turkish
only after the engagement. Turkey insists its aircraft entered Syrian air space
only briefly by mistake. Erdogan said Syrian military helicopters had
violated Turkish airspace five times this year without Turkey firing on them.
He saw Friday's attack as a deliberate attack.
Russia said it was crucial that Iran should also attend a meeting on
Syria of the five permanent UN Security Council members and regional
players being organized by international mediator Kofi Annan in Geneva
this weekend. Western countries oppose Iran, Syria's closest regional ally,
taking part in the meeting and some diplomats have said it was not entirely
clear whether it would take place.
Meanwhile, rebel forces and Syrian army units engaged in deadly
combat around elite Republican Guard posts in the suburbs of Damascus, as
86 people were killed across the country. The death toll consisted of 50
civilians, 32 soldiers and four rebels, out of which 28 people were killed in
and around the capital.
The United States said that defections, fighting closer to Damascus
and the downing of a Turkish jet are all signs that Syrian President Bashar
al-Assad's regime is losing control. The United Nations mission in Syria will
remain suspended because the conflict between government and opposition
forces is intensifying, a top UN official told the UN Security Council.
Next day, rebels attack on a pro-government television station near
Damascus killed seven staff as at least 61 people were killed in fresh
violence across Syria. More than 15,800 people have been killed in the
uprising, out of which 4,681 lost their lives since Annan's plan was supposed
to take effect on April 12.
Kofi Annan confirmed a meeting on Syria would be held on the
weekend. Annan also said he will keep Syria ally Iran involved in efforts to
halt the conflict even though it has not been invited to Saturday's
international meeting in Geneva. The UN-Arab League peace envoy said the
action group on Syria will meet at the ministerial level, despite wrangling
between Moscow and Washington over the terms of reference and guest list.
Saturday's talks in Geneva are aimed at shoring up support for Annan's
faltering peace plan.
On 28th June, twin bombs exploded outside the Palace of Justice in
Damascus as violence raged across the country and Turkey deployed missile
batteries along its volatile border with Syria. Heaviest toll was in the
1108

northern Damascus suburb of Douma where 18 civilians, 12 from one


family, were killed when troops clashed with rebel fighters.
Next day, Syrian forces fired tank and artillery shells at rebellious
suburb of Damascus, killing dozens of people. The state-run news agency
SANA said troops continue to pursue terrorist groups in Douma, raiding
their hideouts and destroying their communications and other equipment.
Meanwhile, a ministerial meeting of world powers aimed at salvaging
international envoy Kofi Annans peace plan on the Syria crisis will go
ahead in Geneva. The main aim of the talks is to convince Russia for regime
change; however, it continued objecting to a proposal that could limit
membership of a transitional unity government in Syria. Russian Foreign
Minister insisted that Assads fate must be decided within the framework of
a Syrian dialogue by the Syrian people themselves.
Turkey: On 19th June, Turkish soldiers and Kurdish militants clashed
in the most intense battles of the separatist conflict this year, with 26
combatants killed in fighting at three army outposts in the southeast. Up to
100 fighters from the Kurdistan Workers Party (PKK) launched
simultaneous dawn attacks on three military observation points in Hakkari
province near Turkey's mountainous border with Iraq, killing eight soldiers
and wounding 19. In subsequent clashes, Turkish troops killed 18 PKK
fighters.
President Abdullah Gul condemned the violence and the head of
Turkey's pro-Kurdish Peace and Democracy Party (BDP), whose members
are frequently accused of ties to the rebels, made a striking call for the PKK
to halt hostilities. This war must end. The deaths must stop. We can't stand
by and watch the youngsters kill each other, he said.
On 24th June, Turkey said it carried out air strikes on nine Kurdish
militant targets in northern Iraq between June 22-24, days after severe
clashes on the other side of the border. The Turkish military said that most of
the targets were in the Qandil region and were hideouts belonging to
Kurdistan Workers Party (PKK) militants. Masoud Barzani, president of the
Iraqi Kurdish region, criticized Turkeys air strikes, saying that a peaceful
solution was the only answer.
Saudi Arabia: On 27th June, a Saudi court sentenced 11 men to up to
15 years in prison for membership of a cell linked to Qaeda that planned to
attack US forces in Kuwait and state-owned Saudi oil giant Aramco. They
were among thousands rounded up as the world's top oil exporter battled
Qaeda militants.
1109

Yemen: On 18th June, a suicide bomber killed the army general


spearheading an offensive against al-Qaeda in south Yemen, throwing
himself on the officer's vehicle as he blew himself up. Reportedly, the
attacker was a Somali national. The rebels are believed to have retreated to
safe havens in the country's mountainous regions in Shabwa, Marib and
Hadramawt provinces where they enjoy tribal protection.
On 23rd June, Yemeni troops took control of the southeastern town of
Azzan, a known Qaeda bastion, after the groups fighters left it a week ago.
Thirty-five people, meanwhile, were killed in Abyan Province over last 10
days in explosions from landmines laid by Qaeda fighters before they fled
from the province.
President Abdrabuh Mansur Hadi hailed the big victory over Qaeda
elements of evil and terrorism and urged Yemenis to join ranks in the face
of terrorism and its elements and to confront their criminal plots. Taking
advantage of a weakening central government control by an Arab Springinspired uprising last year, the militants had overrun most of Abyan,
capturing Zanzibar, Jaar, Shuqra and several other villages. On 27th June,
Yemens foreign minister said his country asked for US drones to be used in
some cases to target Qaeda leaders.

Africa
Nigeria: On 17th June, multiple church bombings in Nigeria and
subsequent rioting by Christian youths targeting Muslims killed at least 21
people and 101 injured. Bomb blasts struck three churches in the northern
Kaduna state. There was no immediate claim of responsibility for the
bloodshed. After news of the blasts spread, Christian youths took to the
streets of the main motorway that connects Kaduna City to Nigeria's capital
Abuja, attacking motorists who looked Muslim.
Next day, the death toll in rioting reached 52 in which armed Christian
mobs targeted Muslims after the blasts at churches in Kaduna city and the
nearby city of Zaria. Following presidential elections last year, Kaduna state
saw rioting that left more than 500 people, mostly Muslims, dead.
On 20th June, soldiers and police patrolled the empty streets of two
Nigerian cities after three days of violence that left at least 101 people dead,
with some residents still unable to return home. The violence in Kaduna and
Damaturu has led to round-the-clock curfews in both areas and raised fears
of further reprisal attacks. Pope Benedict XVI on pleaded for calm.

1110

Next day, the US designated three leaders of the Boko Haram militant
group as terrorists in a bid to stem the violence in Nigeria. The three named
by the State Department were Abubakar Shekau, widely believed to lead
Boko Haram's main cell, Abubakar Adam Kambar and Khalid al-Barnawi.
But the US stopped short of putting the group as a whole on its terror list.
On 23rd June, a bomb went off outside a nightclub in the Nigerian
capital Abuja hours after the national security adviser and defence minister
were sacked amid fears of spiraling violence in the countrys north. No
casualties were reported in the explosion.
Egypt: On 17th June, Egyptians voted on the final day of a divisive
presidential run-off between an Islamist and Hosni Mubarak's last PM, amid
moves by the army to consolidate power ahead of the final results. Former
air force chief Ahmed Shafiq, who served as ex-president Mubarak's prime
minister in the last days of the uprising that toppled him, is vying for the top
job against Muslim Brotherhood candidate Mohammed Mursi.
Next day, Muslim Brotherhood candidate Mohammed Mursi claimed
victory on in Egypts divisive race for the top job, as a military power grab
overshadowed the countrys first post-Mubarak presidential election. Two
generals from the Supreme Council of Armed Forces (SCAF), however,
reiterated that the ruling body will transfer power to the new president by
June 30 and insisted that he will enjoy full presidential powers.
A confirmed win by Mursi would mark the first time Islamists have
taken the presidency of the Arab Worlds most populous nation. There were
scenes of jubilation at Mursis Cairo headquarters, after the Brotherhood said
their man had secured 52% of ballots cast. But jubilation was overshadowed
by a looming showdown with ruling military, after steps granting itself
sweeping powers.
On 19th June, thousands of Egyptians packed into Tahrir Square to
protest the ruling military's bid to grab new powers. The demonstration
comes against a backdrop of uncertainty over the winner of the presidential
vote, with the Muslim Brotherhood candidate Mohammed Mursi and his
rival Ahmed Shafiq both claiming victory.
Just as counting began in the pivotal presidential polls, the Supreme
Council of the Armed Forces (SCAF) issued a constitutional declaration
claiming legislative power after a court ordered parliament's dissolution. The
declaration also gives the council veto power over the wording of a new
permanent constitution and appeared to interfere with the ability of the
incoming president to exercise his powers.
1111

Egyptian state media reported that counts showed Mursi ahead. A


confirmed win for Mursi would mark the first time the Islamists have taken
the presidency of the Arab world's most populous nation, and there were
jubilant scenes at his headquarters after his campaign projected victory.
Mursi himself has pledged to work hand-in-hand with all Egyptians for a
better future, freedom, democracy, development and peace.
On 21st June, Egypt braced for a showdown between the military and
the Muslim Brotherhood as the electoral commission delayed announcing
the winner of a presidential poll claimed by the Islamists. A delay in
announcing the results from the run-off, which had been due on June 21,
heightened Brotherhood fears of a soft coup by the ruling military, which
has already disbanded the Islamist-led parliament and granted itself
sweeping powers.
The newspaper of the Brotherhood's political arm, the Freedom and
Justice Party (FJP), ran a large red banner saying: Sit-in, above an
announcement of an open-ended protest until Mursi is sworn in. The military
has pledged to transfer power to the winner by the end of the month, but
Brotherhood members who set up tents in Cairo's Tahrir Square, the hub of
protests that overthrew Mubarak last year, say they are not convinced.
This is a constitutional coup, said Brotherhood member Abdel
Rahman al-Saoudi, a protester camped out in Tahrir, adding that he would
not leave the square until Mursi's inauguration. The protesters are also
demanding that the military repeal an updated interim constitution that
allows it to assume parliament's powers and gives it a say in drafting Egypt's
next constitution.
The sit-in comes after the Brotherhood held a large rally in Tahrir
Square on Tuesday. We insist on remaining in the square until we achieve
the goals of the revolution and the demands of (the rally) confronting the
military coup against legitimacy, the FJP website quoted senior leader
Essam al-Erian as saying. It also quoted Mahmud Ghozlan, as warning there
could be a confrontation between the military and the people, should
Shafiq be announced the election winner.
The insistence by Shafiq's campaign that he won indicates bad
intentions from the military council and the electoral commission, Ghozlan,
a member of the Brotherhood's politburo, said. Human Rights Watch said
military decrees issued over the past month cast doubt on the genuineness of
pledges to hand over power.

1112

Next day, Egypt's ruling military warned that it would deal firmly
with any attempt to harm the public interest as thousands of people packed
Cairo's iconic Tahrir Square accusing it of a power grab. The Supreme
Council of the Armed Forces (SCAF) also delivered veiled criticism of the
Muslim Brotherhood, charging that efforts were afoot to pre-empt the
outcome of a hard-fought presidential election. But it insisted that it
remained neutral in the deeply polarizing election run-off between the
Brotherhood's candidate Mohamed Mursi and Mubarak's last Prime Minister
Ahmed Shafiq.
The SCAF defended a constitutional document giving it legislative
powers, control over the new constitution and a broad say in government
policy as a necessity. Brotherhood supporters packed Tahrir to lay claim to
victory for their candidate, even as Shafiq's campaign team insisted that their
man had won.
On 24th June, Egypts Mohamed Mursi, the first Islamist to be elected
to the presidency, said he will be a leader for all Egyptians and called for
national unity after a polarizing race. I call on you, great people of
Egypt...to strengthen our national unity, he said, adding that national unity
is the only way out of these difficult times. Mursi won 51.73 percent of the
vote, with 13,230,131 ballots. He resigned from the Muslim Brotherhood to
take the top job, thanked the martyrs of the uprising for the victory and
stressed the revolution continues.
The 60-year-old engineer vowed to honour international treaties. We
will preserve all international treaties and charters...we come in peace,
Mursi said. Mohamed Mursi also saluted the judiciary and the army for
overseeing the democratic process. Tens of thousands of Mursi supporters
celebrated in Cairos Tahrir Square, waving flags and posters of Mursi, who
was jailed during the uprising that overthrew Mubarak early last year.
The capital was tense before the announcement, with the citys
notoriously busy streets deserted and shops and schools closed. Extra troops
and police were deployed as military helicopters flew overhead. Thousands
of Brotherhood supporters thronged Tahrir Square, with hundreds spending
the night there. Mursi, Mursi, God is greatest, they chanted.
Across the city in the Nasr City neighbourhood, thousands of Shafiq
supporters held up pictures of him and of Tantawi, chanting: The people
and the army are one. Down with the rule of the Supreme Guide, they
shouted, referring to the head of the Muslim Brotherhood.

1113

Next day, Egypts Islamist president-elect, Mohamed Mursi, wants to


reconsider the peace deal with Israel and build ties with Iran to create a
strategic balance in the Middle East, according to an interview published by
Irans Fars. But an Egyptian presidential spokesman quashed the Fars report
saying that Mursi never spoke to the Iranian news agency.
According to Fars, Mursi also said the issue of Palestinian refugees
returning to homes their families abandoned in the 1948 Arab-Israeli war
and the 1967 Six-Day War is very important. Mursi added though that all
these issues will be carried out through cabinet and government because I
will not take any decision on my own. Mursi also reportedly said he was
ready to improve ties with Iran.
On 28th June, a criminal court jailed for 15 years each a former
Mubarak-era cabinet minister and a businessman for selling Israel natural
gas below market value. Five former high ranking officials from the oil and
gas authority received jail sentences ranging from three to 10 years on
similar charges. Egypt supplies roughly 40 percent of Israel's gas supplies.
Next day, Mohamed Mursi paid tribute to Egypts Muslims and
Christians alike and symbolically swore himself in as the countrys first
elected civilian president before a huge crowd at Tahrir Square. Mursi was
received with applause by tens of thousands of people gathered in the
square. He promised a civilian state and praised the square of the
revolution, the square of freedom, in what he called an address to the free
world, Arabs, Muslims... the Muslims of Egypt, Christians of Egypt.
Mohamed Mursi will be sworn on June 30 before the Constitutional
Court, the presidency announced after differences with the army over the
transfer of power. The president will then go on to Cairo University to
celebrate his investiture and address the nation. Egypts president
traditionally takes the oath in parliament, but the countrys top court has
ordered the disbanding of the Islamist-dominated legislature.
The military subsequently assumed legislative powers and formed a
powerful national security council headed by the president but dominated by
generals. By agreeing to be sworn in by the Constitutional Court, Mursi is
effectively acknowledging the courts decision to dissolve parliament.

Europe: On 20th June, French police stormed a bank in Toulouse,


arresting a gunman with psychiatric problems who claimed to be an alQaeda militant and freeing his two hostages after a seven-hour siege. The
26-year-old, who had taken four bank employees hostage in the morning in

1114

the same area, was wounded in the stomach in the assault. The two other
hostages, both women, had been released earlier, and no police officers were
injured in the operation.
On 26th June, German court outlawed religious circumcision.
Circumcising young boys on religious grounds causes grievous bodily
harm, a German court ruled in a landmark decision that the Jewish
community said trampled on parents' religious rights. The regional court in
Cologne, western Germany, ruled that the fundamental right of the child to
bodily integrity outweighed the fundamental rights of the parents; a
judgment that is expected to set a legal precedent.

America: On 28th June, a Saudi national was convicted of plotting


attacks on the Texas home of former US president George W Bush, nuclear
plants, hydroelectric dams and other targets. Khalid Ali-M Aldawsari, 22,
was arrested last year after a chemical supplier became suspicious when he
tried to order concentrated phenol, a toxic chemical that has legitimate uses
but is also a powerful bomb-making tool.

VIEWS
Egypt
Power struggle overshadows Egypt vote: In Egypt, differently from
Turkey, there is a powerful secularist movement which is not aligned with
the army. It served as the backbone of last years revolution, but turned out
to be less organized in the elections than either the remnants of the old
regime or the Muslim Brotherhood. Still, in the months and years ahead,
there is a possibility that a secular pro-democratic political force will emerge
as a major player in the country.
Other forces, such as a more Islamist movement, have also gained
prominence. Months ago, this movement won a quarter of the seats in the
parliament; still, speculations about a Islamist takeover of Egypt, similar to
the one that happened in Iran after the 1979 revolution, seem greatly
exaggerated.
In the longer-term, it is in the militarys interests to help usher in at
least the appearance of a functioning democracy, because this would suit the
agenda of its most important foreign ally and donor, the United States. The
ultimate outcome from the transition, however, is impossible to predict, and
a string of economic and political crises, which seem unavoidable over the

1115

next years, could upset such a calculation dramatically. Amid the major
geopolitical shifts taking place in the region, Egypt presents many more
questions than answers. (Victor Kotsev for Asia Times Online, reprinted in
TheNation 19th June)
Down with the next president: Right now, it seems that the coalition
of the military, the power-brokers of the old regime and their foreign friends
think theyve won the battle for Egypt.
They talk of the nonsense of the revolution being over the interior
ministry says that once the president is declared it will not tolerate protests,
and stands ready to deal with them. But a tweet at 11.30pm last Thursday
said: Intermission for the elections, then we continue the revolution.
The revolution will continue because neither the old regime nor the
Islamist trend in its current form are going to deliver bread, freedom, social
justice.
Neither of them is going to validate the sacrifices made by the 1,200
young people murdered by the regime, the 8,000 maimed, the 16,000 courtmartialled. As the weekends spectacle unfolds, thousand of young men are
in military jails, many of them on hunger strike.
In the first round of presidential elections three weeks ago, fewer than
five million voted for Shafiq the old regime candidate and also fewer
than five million voted for Mursi, the Muslim Brotherhood candidate.
Around 12 million voted for the progressive, secular trend in the revolution
but that didnt count because that vote was divided between five
candidates. The progressives had done what they do best: failed to come
together and make common cause against a known and clear enemy.
The people have, at every turn, done the right thing. They have taken
to the streets when the cause has been theirs, theyve stayed away when its
been manufactured. Theyve been brave and resilient and resourceful. They
have learned lessons.
They voted the Brotherhood into parliament, and when they
performed abysmally they withheld 50pc of their vote from the
Brotherhoods presidential candidate. They are demanding and trying to
push forward effective, unified, progressive representatives who can turn
their courage into political gains. Most important, they have taken their
revolution to their factories, universities, towns and streets. For the last
several months, a favourite slogan has been: Down with the next president.
Amen. (Ahdaf Soueif for Guardian, reprinted in TheNation 19th June)
1116

Future direction of Egypts revolution: As the militarys scheme


was in full force relying on media offensive, bribes, and scare tactics, several
polls conducted by state-sponsored institutions confirmed to SCAF that
Shafiq had the momentum. The support of the military and the institutions of
the deep state became even bolder, so much so that many political analysts
thought the elections were practically over. Since the standoff between
SCAF and the MB (Muslim Brotherhood) in March, it was widely known
that SCAF could push for the dissolution of the elected parliament at any
time in order to check the MBs rise to power. The argument advanced by
many pro-revolution groups that had reservations in supporting Mursi was
that they did not want the MB to have unchecked control over both branches
of government, the legislative and the executive. So when the High
Constitutional Court dissolved the parliament two days before the elections,
this brazen act of disregard for the electoral will of the Egyptian people
actually backfired. A major segment of the Egyptian electorate, who
intended to boycott or invalidate their votes, were so infuriated that they
decided to vote for Mursi even if they initially did not intend to cast a vote at
all (in the final count, less than 1 per cent of the electorate invalidated their
votes by checking both names on the ballot). Had a half million people out
of over 25 million votes cast flipped their votes, the militarys candidate
would have won.)
First, SCAF would utilize the instruments of power of the deep state
to install its candidate. If such a scheme did not materialize, SCAF had a
back-up plan. In such a case, it would not only take several actions that strip
the real powers of the elected president (if he comes from the revolutionary
camp), but also usurp all the legislative and executive powers from the
newly empowered groups.
Many political figures including former presidential candidate Abol
Fotouh called SCAFs blatant acts a soft military coup dtat. Here are a
few examples of the power grab measures taken by SCAF in a matter of
days:
1) On June 14, SCAF sent the army to occupy the parliamentary
building in anticipation of the dissolution of parliament by the High Court.
Within days it issued its own decree to dissolve the parliament and reclaimed
all legislative powers to itself. Typically when the parliament is dissolved,
the president would be granted temporary legislative powers, to be reviewed
later by the parliament when it is reconstituted.

1117

2) On the same day the Justice Minister made a mockery of the


repealed martial laws by effectively restoring the emergency laws and
empowering the military and security agencies to arrest and detain anyone
indefinitely, as well as to try in military courts any person deemed a threat to
public order.
3) Within two hours of the closing of the polls on June 17, SCAF
unilaterally issued a sweeping amended constitutional declaration that
effectively transferred much of the presidential powers to itself. For
example, it stripped the president of his role as commander-in-chief of the
armed forces and gave it to SCAFs top general, Field Marshall Hussein
Tantawi. Now instead of the military working under the countrys president,
the new declaration places the democratically elected president under the
thumb of the military. It must be noted that such incredible measures are not
dissimilar to the infamous and disastrous 1997 Turkish military coup dtat
against the late Prime Minister Necmttin Erbakan.
4) SCAF stripped the president and the executive branch from any
matters related to the state budget. It even declared its own budget secret and
not subject to any accountability while providing itself total immunity.
5) Further, SCAF imposed its will on the new president by effectively
retaining for itself the appointment of the most senior cabinet positions such
as defense, foreign, and interior ministries, police, finance, justice, and
intelligence.
6) SCAF also started the process of dissolving the one-hundred
member constitution-writing committee, appointed delicately by the
parliament last week from across all the spectrum of Egyptian political and
civil society. In the new constitutional declaration, SCAF gave itself the
right to reappoint the one-hundred committee members in a direct violation
of the constitutional amendments passed by the people in the March 2011
referendum.
The pro-revolution forces have fortunately dodged a bullet by
defeating the militarys candidate. But the struggle to reclaim their
revolution must continue to persist. This time all pro-revolution and prodemocracy groups must realize that they will have to swim or drown
together as they face the last battle to dismantle the military and security
state. No more making behind-closed-doors deals or giving the benefit of the
doubt in a tacit understanding between the military and some political
groups. The MB must realize that it gained more than 7.5M votes (for a total
of 13.3M) from the pro-revolution forces in the second round, after reaching
1118

its peak in the first round with 5.8M votes. It must show respect and offer
real partnership to these groups.
Revolutions are ultimately about the simultaneous act of a great
number of people who decide to stand up for the greater good of society
over self-interest. Such selfless conduct is often accompanied with the
willingness to sacrifice whatever it takes to fulfill the genuine desire for
public good and human progress. (Esam Al-Amin for Counterpunch,
reprinted in TheNation 21st June)
Could Egypts army still accept a Muslim Brotherhood president?
But if the generals have improvised their way through what amounts to a
soft palace coup over the past 16 months, their goal appears to have been
restoring stability while preserving their control of the state machinery-not
necessarily to restore the old order in its entirety. Indeed, the military
unceremoniously wheeled Mubarak offstage when it became clear that
restoring stability was impossible while keeping him in power. And they
proved willing, also, to throw their old boss, Mubarak, in the stockades for a
bout of ritual humiliation as an outlet for popular frustrations. They also
conceded to parliamentary elections which saw the Brotherhood and other
Islamists triumph, and the remnants of the old regime derisively known as
felool trounced.
Still, the candidacy of former Mubarak Prime Minister Ahmed Shafik,
and the increasingly strident interventions of the judges, suggests that much
of the bureaucratic core of the old regime would now like to ride the juntas
counterrevolution all the way back to the pre-Arab Spring status quo. That
leaves SCAF facing a key tactical choice: To whom should go the enfeebled
position of President.
The junta at one point seemed comfortable with a political
cohabitation with the Muslim Brotherhood, albeit on the generals rules. The
two sides negotiated arrangements for last years referendum and elections,
but last spring, their understanding appears to have broken down. And the
Shafik candidacy suggests that at least some in the junta would prefer to
restore the bureaucratic heart of the old order, precluding any changes that
might impede their traditional prerogatives. But announcing a Shafik victory
when the Brothers and their supporters believe they have won the election
could prove to be the final cut for the Islamists, who have seen all their
other gains following Mubaraks fall slashed away or neutered. That could
provoke a very dangerous backlash on the street, and a new season of
political turmoil that would threaten the generals primary goal of stability
1119

and potentially unite the Islamist and secular opposition in a common


struggle against what would amount to Mubarakism without Mubarak.
A Shafik victory, in fact, may not necessarily be a vital interest to the
junta, which could opt for allowing a Mursi presidency in the hope that
acknowledging a largely symbolic win by the Brotherhood could defuse a
showdown and even give the Islamists a stake in the stability of a new status
quo. Even if they challenged military control, the generals would retain a
tight rein, and limit the authority of elected institutions. Cohabitation with
the regime might even suit the Brotherhoods leadership, whose appetite for
revolutionary confrontation with the security forces has, throughout the 16month rebellion, been decidedly limited.
Clearly, though, the Shafik campaign and those behind it think the
juntas moves have put the Islamists on the ropes, and they want to press the
advantage.
The delay in announcing the election result suggests that the juntas
mind may not be made up. But the issue is one of tactics; the military has
left no doubt that it has no intention of handing genuine political authority to
elected civilians. The question simply is how best to manage the realm.
(Tony Karon for Time, reprinted in TheNation 23rd June)
Stealing the Arab spring: Well, it was too good to last, I guess. The
dream of a democratic Middle East has run into the stony wall of reality, if
not totally shattered. After a dream run that has seen four of the most
powerful men plucked out of their mighty citadels even as they desperately
fought back to hang on in there at any price, the Arab spring seems to be
encountering some real rough weather and nasty storms
The sweeping measures taken with characteristic stealth over the past
few days by the Generals, who effortlessly stepped into the chaotic void left
behind by Mubaraks departure, portraying themselves as selfless guardians
of the republic and the revolution, have sparked fears that the junta has
stolen the Arab spring.
A tumultuous week of the militarys machinations has wiped away
most of the democratic gains made in the past one year No one expected
Egypts generals, who have directly or indirectly ruled the country for six
decades to happily fade away into the night after transferring power to a
civilian dispensation, thank you very much! There had always been
apprehensions of a power grab by the men in khaki even at the height of the
Tahrir Square agitation. The young and restless of Egypt and even the more
seasoned Islamists, however, decided to keep their peace and give the
1120

military a chance in the interest of a smooth and peaceful transition from


dictatorship to democracy.
With stars in their eyes and fond hopes in their hearts, Egypts nave
revolutionaries trusted the military with the future of their revolution and
that of their nation. They went home in the confidence that the military had
changed with the rest of the country and would act in the national interest.
The men in khaki, however, have always had only one overriding interesttheir own. And their interest lies in the perpetuation of the status quo-the
tyranny and all-round corruption that have been eating into Egypts vitals all
these years.
So even as a triumphant Muslim Brotherhood was claiming victory in
the presidential elections this week, the generals unveiled a new
Constitutional Declaration at a press conference granting themselves
sweeping powers and clipping the wings of the incoming president. For
starters, the new president will have no power and control over the army. He
will also have no power over parliament which has already been scrapped
only five months after it came into being. Indeed, the new president will
have little power over anything beyond the walls of the presidency. On the
other hand, the self-appointed military council will have total control over
all legislation and virtually all arms of the state. Yet the junta insists that its
not interested in keeping power and will transfer it to a civilian government
by the month end.
On Thursday, two days before the presidential run-off, the military
had the Supreme Constitutional Court dissolve the parliament elected in the
first credible polls held after Mubarak. The Muslim Brotherhood had swept
the elections, taking control of the parliament and setting the cat among the
pigeons. For good measure, the military council headed by Gen Hussain
Tantawi, Mubaraks long-time friend and defence minister, also suggests that
the new president elected after such fanfare could very well be for a short
term as a new constitution, being drafted under the watchful eyes of the
army, would demand a new president!
So thats that. Egypt is back to square one Egypt may at last have a
new democratically elected leader but he will be little more than a puppet in
the hands of the military council. As had been the case for decades in
Turkey, the military establishment with its numerous arms, security agencies
and vested interests will continue to call the shots, no matter who is chosen
by the people of Egypt. If this isnt a mockery of peoples choice and their
epic sacrifices offered all these years, especially over the past year, what is?
1121

Egypt is at a tipping point. The generals are playing a dangerous game


which could have disastrous consequences not just for the country but the
whole region, considering the pivotal nature of Egypt in the Arab world.
If the Egyptians have to make a fresh start as a nation and rediscover
their pride of place, the army will have to return to the barracks. They didnt
challenge Mubaraks rule only to be saddled with the junta. The people have
spoken and everyone must defer to their verdict. Else those who threw out
the last pharaoh are capable of dealing with his courtiers too.
Where does the West stand in all this? This week, warning the
generals against a power grab, Secretary Hillary Clinton said: Theres no
going back in Egypt! Lets hope Washington practices what it preaches. Its
hardly a secret who pampered and protected the regime in Egypt and, for
that matter, elsewhere in the neighbourhood all these years. You dont have
to look too far to see the consequences of messing with peoples choices.
The civil war in Algeria that broke out following the stealing of peoples
mandate in 1991 polls claimed nearly 200,000 lives. Egypts generals cannot
be allowed to steal the Arab spring. (Aijaz Zaka Syed, The News 23rd June)
Democracy versus Tahrir: The greatest flaw of the revolution is that
young activists failed to forcefully map out the path that would lead to the
goals that they envisioned. To the Egyptian revolutionaries and their
proponents, the results of the first round of the presidential elections
presented a clear defeat. They were an insult to the hundreds of youth who
gave their lives for their country and to the thousands, perhaps millions,
more who sacrificed for its sake.
On Mohamed Mahmoud Street off of Tahrir Square, where possibly
the greatest number of revolutionaries fell, a boldly painted slogan reads in
sarcasm: Forget the dead, stick with elections. The revolutionaries
disappointment with a democratic process points to a greater realization.
Abdelrahman Mansour, one of the youths who ignited the revolution with
their call for protests on January 25, reminds us to listen to the demands that
came directly from protesters. Democracy, he said, as it is most simply
defined, was not one of those primary demands. The chants of the
revolutionaries were very clear in their purpose: in addition to the ousting of
Mubarak, protesters insisted on bread, freedom, social justice and human
dignity. They called for transparency, an end to corruption, and
accountability, for both past crimes and ongoing ones. The failure of
Mubarak to provide the population with these needs was the key impetus for

1122

his overthrow; the fact that he did not have legitimate electoral support
worked in favour of the revolutionaries, but was not their primary grievance.
Mahmoud Ramzy, a revolutionary activist from Shibin, points out that
democracy does not necessarily bring whats better. The recent elections
have shown us that in the short term, democratic victories are best secured
by those with powerful networks. The deeply entrenched NDP and the
decades-old MB left little chance for the spontaneous revolutionaries.
It seems to be the ultimate injustice that young people die so that their
fellow citizens may enjoy greater rights, and that those citizens use those
rights to elect their oppressors for selfish purposes. The revolutionaries did
not give their lives so that their fellow citizens could vote - rather they did so
for the greater causes of freedom and social justice. Perhaps under ideal
conditions of political awareness and moral values, the two go hand in hand.
In todays Egypt, however, they could not be further apart. The choice
should then be in the hands of those who sacrificed the most, and not those
who are willing to sell a privilege for which so many gave their lives.
While it seems that elections have altogether lost relevance as SCAF
has recently usurped sweeping executive and legislative powers, they remain
an important indicator of the sort of apparatus that must be dismantled if the
revolutionaries carry any hopes of reaching their goals via democratic
means. (Sarah Mousa for Al-Jazeera, reprinted in TheNation 24th June)
Mursis victory: A strikingly tense atmosphere prevailed across
Egypt reflected in the 3-day-long uneasy wait by a mammoth crowd of
supporters of Mohammad Mursi Eissa al-Ayat of the Freedom and Justice
Party. Assembled at the famous Tehrir Square of Cairo, the crowd celebrated
the announcement Had his rival General (retd) Ahmed Shafik won,
Mursis followers would have felt cheated out of the revolution they had
only recently been through with blood and tears; for the General was a relic
of the Mubarak era in which he had served as Prime Minister. At Shafiks
camp, however, there was a pervasive sense of trepidation created by the
thought that should Mohammad Mursi win, Egypt might come in the grip of
unusually harsh laws, reversing the countrys march towards modernity. The
Freedom and Justice Party, of which Mursi was the candidate, is the political
wing of Muslim Brotherhood and in the minds of Western oriented
secularists-liberals, who wanted religion out of politics, Islamic laws were
too harsh and unsuitable for the present age. The sizeable minority of Coptic
Christians entertained similar apprehensions.

1123

Mohammad Mursis address to the nation after his election tried to set
these fears and apprehensions at rest when he declared that he was President
for all Egyptians. Considering the vision of Muslim Brotherhood about
what the Egyptian society should look like, there is not the remotest chance
that the Taliban-type rule of Afghanistan would have any place in the mind
of the newly elected President, which his detractors fear; he would, in all
likelihood, follow the pattern of governance set by Turkeys AKP, known in
English as the Justice and Development Party, in power today i.e. a
progressive and dynamic country unencumbered by foreign interference and
geared to holding the national interests supreme. His biggest problem would
be how to undo the constitutional provisions that are contained in the interim
constitution and which strengthen the hold of the military.
The Arab Spring as a result of which elections took place in Egypt, the
most populous Middle Eastern country and the Arab worlds cultural capital
with a long and glorious past, provides a clear indication that the people
want to get rid of the dictatorial past. The success of Egypts Mr Mursi, is
heartening for all democracies across the Islamic world. In the struggle and
brave resilience of the Egyptian people, we see a hope for the future. Years
of dictatorial duress undone by the will of the people, a beautiful sight
indeed. (Editorial, TheNation 26th June)
A revolution twice stolen: The Supreme Council of Armed Forces
(SCAF) has already issued an interim Constitution. It has also arrogated to
itself the right to nominate a body of hundred eminent persons to write the
new Constitution. The situation seems similar to Pakistan in early 1960s
when Ayub Khan, who abhorred independent minded politicians in general
and Jamaat-i-Islami in particular, had ordered a Constitution tailor made to
his requirements. The superior Egyptian judiciary has abrogated the newlyelected Parliament before it could become functional. The SCAF wants that
the Defence Ministry should have immunity from civilian oversight. It also
wants that certain aspects of the foreign policy, relations with the United
States in particular, should not be controlled by the newly-elected President.
Egypt stands today where Algeria was in 1991. The Islamists have
won, but are being denied real power. The military establishment thinks that
it has the sole right of defining the national interest and protecting it. The
prime US goal in Egypt is that the Camp David Accord should not be
questioned or reopened. It also wants a stable Egyptian-Israeli border. Only
the Egyptian military establishment could give that guarantee. While singing
odes to the evolving democracy in Egypt, the United States also issued the
necessary certification last March for resuming $1.3 billion worth of annual
1124

US assistance to Cairo, after a hiatus of five months. And this was done
while emergency imposed by the ruling generals was still on. This is a truly
duplicitous policy. Encouraged by this, the generals have re-imposed martial
law last week.
It is a pity that the country that could have played a leading role in the
new Arab renaissance is so divided and polarized itself. I lived in Cairo for a
year way back in 1974 to learn Arabic and visited it again in 1999 and 2004.
It used to be one of the most peaceful cities of the world. Today, I learn with
great anguish, that people are being kidnapped there, for ransom. This is
unbelievable. A vast majority of the Egyptians do not want to return to the
old dictatorial rule, but transition to democracy has had its own pitfalls. The
Egyptian military brass should know that ignoring popular mandate could
bring in its wake bigger problems as we saw in Algeria.
The biggest fear in the land of Pharaohs is that instead of being
transformed to the Turkish model, it may not end up becoming another
Pakistan. (Javed Hafiz, TheNation 26th June)
A path forward for revolutionary forces: In the meantime,
experienced activists at the centre of the revolutions first phase have not
invested all their chips in the current political process. Taking a page from
the Brotherhoods playbook, theyve gone out to poor and conservative
working-class communities across Egypt and begun the arduous but allimportant task of building relations and trust. Had the transition process
been seemingly cleaner, and revolutionary forces achieved a share of power,
it would have been very difficult to avoid becoming a fig leaf for the
consolidation of a system that would remain rigged against them on every
major political, social and (especially) economic issue facing Egypt.
Excluding them from the emerging political system (which was
helped by several freshman mistakes by the revolutionaries, such as trusting
the military during the crucial first post-Mubarak months or fielding
multiple presidential candidates who drained votes from each other), was the
greatest gift SCAF and the Brotherhood could have given the revolution.
Now the countrys progressive forces can spend their time building an
opposition that is rooted in society and can effectively challenge the political
lies and illusionary narratives that will be liberally dispensed by the old/new
system to pacify the masses. Equally important, they can develop a narrative
for the future that the majority of Egyptians can believe has a chance of
being realized, rather than leading to the chaos and instability that the
military has constantly warned them would come with any attempt to
1125

radically change the structures and relations of power governing Egyptian


society.
Of course, this grassroots strategy will take years to take hold, and
will come up against the interests of the patronage and power networks of
the Brotherhood and the military. And before anything can happen, the
thousands of progressive activists whove fallen into a funk in the past few
months need to get off the couch, stop complaining and get back to work,
as one young activist leader wrote on his Facebook page yesterday.
But if the incompetent performance of SCAF, the Brotherhood and the
rest of Egypts power elite is any indication, there will be plenty of
opportunities for Egypts revolutionary forces to lay the foundation for a
powerful opposition movement that will have a fighting chance to win real
power the next time Egyptians head to the polls.
This is the best any revolutionary movement can hope for less than
two years into a struggle which, if history is any guide, will take decades to
decide. (Mark LeVine for Aljazeera, reprinted in TheNation 26th June)
Changes of government all over: Whether Mursi becomes a Gus
Dur figure, as the first post-Suharto Indonesian President, Abdur Rahman of
the Nahdlatul Ulema, was, an Islamist elected by the peoples enthusiasm,
but then became a figure of fun, as Gus Dur did, because he was functionally
blind, Mursis election shows that there is an Islamic sentiment among
people, which will be represented in the elections. However, those are
sentiments, and Indonesia, which is the largest Islamic country, is the
example the USA hopes both Pakistan and Egypt will follow, by electing a
pro-American President, who is a former Army Chief. However, the people
all over the Muslim world are learning the lesson that Western democracy
may not be transplantable, and it remains to be seen what lesson they do
learn.
One of the things being taught in both Egypt and Pakistan nowadays
is how far democracy can go. There is presently a disconnect between what
democracy promises, and what it actually does. Democracy is not just about
electing a President, but about fulfilling the wishes of the people. If those
wishes do not conceivably coincide with the wishes of the USA, as they do
neither in Egypt or Pakistan, there is a problem, for democracy has been
arrogated to itself by the USA. (M A Niazi, TheNation 28th June)
Egypts military bides its time: It is important to watch how the
relations between Egypt and Gaza evolve in the future. If it ends up being up
to the Muslim Brotherhood to decide, it will find it difficult to resist opening
1126

the border crossing at Rafah. From that point on, Gaza, which is not selfsufficient economically, would grow increasingly dependent on Egypt, and
Israel would be able to cut all links down the road.
While it is hardly possible to predict the precise regional implications
of the Egyptian transition just as the outcome of the internal power
struggle is uncertain countless intriguing possibilities that are entirely
speculative but worth considering exist.
One has to wonder, for example, how and if the civil war in Syria will
be affected by the political rise of the Muslim Brotherhood on the Nile.
Egypt ostensibly has plenty of internal problems right now to get engaged
abroad; however, if the bloodshed in Syria continues and Turkey gets
involved, perhaps with broad Arab League support (as one scenario has it),
Egypt and the Muslim Brotherhood would find it hard to stand completely
on the sidelines. In fact, with some financial aid (why not from the Gulf), the
generals and the Brotherhood could even find a common cause in their new
partnership; and what better for the Street than some bread and spectacles,
particularly with a tag of justice attached.
Much of what happens in Egypt continues to be an enigma. With the
inauguration of Mohammed Mursi as president, the country will enter a new
phase, at least symbolically. How exactly the symbolism will translate into
practice is still hard to say, but the transition process is guaranteed to be
intense, both for Egypt and the entire region, and to offer many surprises.
(Victor Kotsev for Asia Times Online, reprinted in TheNation 30th June)

Syria
Redouble effort for the diplomatic solution in Syria: Kofi Annans
latest proposal to stop the Syrian bloodshed is a national unity cabinet that
would bring together government and opposition leaders, while excluding
anyone whose presence would undermine national reconciliation.
That reconciliation seems a distant goal in todays Syria. It would be
interesting to see a list of potential ministers who could cooperate on any
basis. Plainly President Bashar Al Assad could not be included. But he has
shown no inclination to leave, no matter how much his obduracy costs his
country.
Mr Annan, on behalf of the United Nations and the Arab League, is
convening an action group of concerned countries tomorrow in Geneva to
discuss his newest plan. The worsening violence starkly emphasized by
two car bombings yesterday at the Palace of Justice in Damascus means
1127

that almost any diplomatic overture, even one seemingly unlikely to


succeed, is welcome.
Iran and Saudi Arabia will both be absent from the Geneva talks, but
Russia will be there. So will the other UN permanent members, plus Turkey,
Iraq, Kuwait and Qatar. But Russia matters particularly because Mr Al
Assads grip would be far weaker without Moscows support. For that
reason, there was great interest in a news-service report yesterday that
Russia would support Mr Annans cabinet scheme. But the story was quickly
denied, with Foreign Minister Sergey Lavrov saying Russia will not support
any external meddling. That, in effect, is a prop for the regime in
Damascus. How long can Russia maintain this line? President Vladimir
Putin has made Russia a pivotal external player in the Syrian crisis. As The
Nationals columnist Alan Philps notes on this page, Moscows motives may
not be as pragmatic as could be hoped. But Russian interests and influence
in this crisis are substantial all the same.
Without Russian backing, a unity cabinet for Syria is less plausible
than the previously mooted transition government. That notion, loosely
based on the Yemeni model (which has had mixed success), would have
entailed Mr Al Assads departure, leaving a government of regime figures to
pave the way for managed, genuine change.
That plan is dead in the water. This one may meet a similar fate.
Meanwhile, Syrians continue to fight and die, with civilians bearing the
brunt of the violence. If Syria is to avoid the tragedy of full-scale civil war,
with all the attendant risks for the region, then the solution must come from
negotiations, both domestic and international. Far from rejecting Mr Annans
plan as unworkable, the parties at Geneva urgently need to push for stronger
action. (The National Editorial, reprinted in TheNation 30th June)

REVIEW
Muslim Brotherhoods candidate in presidential polls was at last
formally declared winner. But, on the eve of vote count the transitional
military rulers had quietly grabbed the presidential powers from the wouldbe head of the state of Egypt. He also had to consent that the agreements
with Israel and the West wont be revoked.
That is how the Egyptians have been deprived of the fruits of Arab
Spring. In fact, the spring blossoms have been plucked before pollinating
and maturing into fruit. It is because that the cruel winds of American
1128

empire, like autumn breeze, are absolutely illiterate; these cannot read the
warning plucking flowers is prohibited.
The West aided by the Arab puppet rulers and Turkey has exerted
tremendous pressure for regime change in Syria. This time the change has
been proposed under cover of national unity cabinet by the seasoned front
man of the West; Mr Kofi Annan. However, Russian continued resisting
ousting of Assad.
Meanwhile, tension between Syria and Turkey has mounted over
shooting down of a Turkish warplane. Turkey has threatened to respond
appropriately while referring the matter to NATO of which it is an
important part. The West would like to see the tension escalating further,
though it is pretending to be playing the incident down.
Syria is surrounded by several neighbours, which are affected by its
internal unrest, but it is only Turkey that is exaggeratingly feeling the heat of
it; whereas other countries like Lebanon, Jordon, and Iraq have been quite
rational in absorbing it. If Turkey opts for military confrontation it would be
most unfortunate. The dream of the Crusaders will come true with the start
of yet another armed conflict between two Muslim nations.
30th June, 2012

1129

DON, DEN AND DEADLINE


Since the day Zardari opted to contest for Presidency, he was
advised to relinquish the party Co-chairmanship. This was necessary to
keep the symbol of unity of the federation unblemished. But, Zardari is not
the person who would listen to the advice that does not serve his interests;
legitimate or illegitimate.
Last year, Lahore High Court disposed off a constitutional petition yet
again advising Zardari to give up one of the two offices he was holding and
also not to make Presidency a den of a political don. This advice also
remained unheeded. On 27th June, LHC heard yet another petition and asked
him to comply by 5th September, failing which the court would consider
taking appropriate action.
The same day, the Supreme Court bench responsible for
implementation of NRO verdict asked the Attorney General to find out from
the Prime Minister about his intentions regarding writing a letter to Swiss
authorities and inform the court by 12th July. His intentions can be
determined without waiting for so many days.
Raja Rental seemed to have fitted well into the shoes left behind
Gilani as he shifted rest of his baggage to the Presidency as guest of Zardari.
No sooner Raja wore those shoes; he started talking of respecting judiciary,
but insisting upon adopting constitutional course on the issue of letter
rather than implementing court orders.

NEWS

1130

Power politics: On 25th June, PML-Q got another big pie from the
federal coalition government when Pervaiz Elahi was appointed as the
deputy prime minister of the country. A government notification said Pervaiz
Elahi would serve as deputy PM with immediate effect but he could not
exercise any of the powers of the chief executive (PM). The position
reportedly has been created to provide a backup for the times when the PM
is unavailable or incapacitated. Earlier the same day, some 15 federal and
state ministers belonging to PML-Q also took oath of their office.
Mahmood Khan Achakzai said that eradicating the role of Army and
intelligence agencies from politics and signing a new social contract
ensuring equal rights to all nationalities living in the country is the only
solution to secure the country. Our struggle is not aimed at to break up
Pakistan rather we want all nationalities, including, Pakhtuns, Baloch,
Siraiki, Sindhi and Punjabis should be given equal rights, he said.
On 27th June, the US-based Pew Research Centre released the findings
of its survey. PTI chief Imran Khan remained the most popular leader; his
standing was unchanged from last year. Seven-in-ten Pakistanis offer a
favourable opinion of the former cricket star. About nine-in-ten (87 percent)
are dissatisfied with the countrys direction, barely changed from last years
92 percent. Similarly, 89 percent describe the national economic situation as
bad.
Next day, Syed Mahmood Akhtar Naqvi, a social worker, filed a
constitutional petition, challenging the induction of PML-Q leader Pervaiz
Elahi as Deputy Prime Minister. Citing the Article 91 of the Constitution,
Naqvi said that only PM and its Cabinet could be sworn under the provision
of the major law of the country.
The petitioner also alleged that inductions of more than five special
Advisers for the PM be considered unconstitutional stating the PM has
violated Articles 91 to 93 of the Constitution by appointing seven Advisers.
The petitioner prayed to the court to take action on this violation of the
Constitution and declare the appointment as illegal and unlawful.
On 29th June, Prime Minister Raja Pervaiz invited the opposition
parties for consultation over the appointment of a new chief election
commissioner (CEC). The opposition should come forward to evolve
consensus over selection of a new CEC which is vital for the smooth and
reliable electoral process, he said while addressing PPP Punjab Executive
Committee meeting at Governor House, Lahore.

1131

To the utter disappointment of Rehman Malik, a special committee of


NAB recommended to the department against initiating fresh money
laundering case against Nawaz Sharif and Shahbaz Sharif. The special
committee of the NAB headed by Prosecutor General KK Aga scrutinized
what Adviser to Prime Minister on Interior Rehman Malik had claimed as
irrefutable documentary evidence against Sharif brothers. The committee in
its report noted that an investigation against Sharif brothers was already
pending with the department on the basis of similar documents and Malik
had not given any fresh evidence against them.
Next day, President Zardari had a meeting with Altaf Hussain in
London. Current political situation, law and order situation in Karachi and
coalition matters were discussed during the meeting. The President thanked
MQM leader for the support extended by MQM to the Party during the
election of Prime Minister Raja Pervez Ashraf. He also appreciated the role
of MQM leader for the strengthening of democracy in the county.
Prime Minister Raja Pervez urged all the political parties to shun off
their differences and work together for strengthening the country. He said we
want to focus on resolving national issues and problems through mutual
consultation and hoped the Opposition will respond positively to his offer
about consultation over the appointment of Chief Election Commissioner.
Raja was talking to a group of senior editors in Lahore and Punjab Governor
and Information Minister were also present in the meeting.

Rule of law: On 25th June, Chief Justice of LHC Umar Ata Bandial
constituted the three judge bench that will be headed by him to hear on June
27 petitions seeking contempt proceedings against President Zardari for not
relinquishing the position of co-chairman of the ruling party and ceasing
political activities in the Presidency.
Rehman Malik criticized the law and order situation in Punjab, saying
that all the petitioners and judicial activities lead to Lahore. He said that
Nawaz Sharif wants to fling the debris of his failures over the federal
government. Sharif brothers are steering the move to topple PPPs
government but they would be thwarted in their malicious intentions.
The court of Additional District and Sessions Judge (ADSJ) Kaleem
Khan rejected the plea of Syed Ali Musa Gilani for annulment of his arrest
warrants issued by a magistrate in ephedrine quota scam. Magistrate Shafqat
Ullah Khan had issued arrest warrants for Musa Gilani and Musa, through
his counsel, contented that a magistrate had no legal powers to issue arrest
warrants in a case being probed by the investigators of ANF.
1132

The counsel for Malik Riaz objected to the constitution of a twomember bench, saying the chief justice himself had set the principle that a
three-member bench would hear the cases. Justice Jawwad, who heads the
two-member bench, said the court was not in hurry and all the demands of
justice would be done.
Meanwhile, the court, which decided to hear the Bahria Town case on
a daily basis from July 2, expressed annoyance over the FIAs failure for not
arresting the accused involved in the DHA security guard murder case.
Justice Jawwad asked the investigation agency to examine Malik Riaz reply,
the benchs June 14 order in the Arsalan Iftikhar case and Islamabad
Sessions Judges report for further probe into the matter because the business
tycoon himself had stated that he gave Rs350 million to the chief justices
son for getting favour in the case.
During the hearing, Zahid Bokhari objected over the Supreme Courts
proceedings and said it could not give directives to the investigating officer
because it was not a trial court. He also said that the court should not link the
chief justices son case with the murder case because Malik Riaz had already
settled the matter by compensating the heirs of DHA security guard Raja
Fiaz.
He said the court should not pass any observations, which could
damage the right of defence. If you will give particular line to FIA for
further investigating the matter then how the justice will be done, he added.
On the objection raised by Zahid Bokhari Justice Jawwad remarked that they
were not giving special guideline to investigating officer in the case but
could not remain silent over the poor probe in the matter.
A Special Judge in Rawalpindi ordered the Anti-Corruption
Department to arrest Malik Riaz, his son Malik Ali Riaz and seven other
accused and produce them before the court on July 2. During the
proceedings, the Anti-Corruption Department told the court that they along
with Civil Line Police Station officials, including the area DSP, went to
Islamabad for arresting Malik Riaz and others, but the Islamabad Police did
not cooperate and sent them back.
The Supreme Court suspended the membership of another
parliamentarian belonging to PPP for holding dual nationality. A threemember bench, headed by Chief Justice issued the orders to suspend the
membership of Zahid Iqbal, while hearing a petition seeking disqualification
of lawmakers holding dual nationality.

1133

Next day, the Supreme Court bench resumed hearing of the suo moto
case for initiating contempt of court proceedings against Rehman Malik for
replacing the investigation team probing the PSM corruption case in 2009.
Malik appeared before the bench and chief justice asked him why he had
replaced the FIA team, headed by Tariq Khosa, constituted on the court
order. Chief justice observed that changing the FIA team was an intrusion in
courts work as Tariq was removed from the team causing much damage to
the inquiry.
Malik claimed that the team was dissolved on the directives of the
court. He requested the court that he wanted to submit a written reply
regarding the matter. The court asked him to furnish the reply to the SC
registrar office. The hearing of the case was adjourned until July 23.
ANF officer, Colonel Ishtiaq rebuffed the reports that supply of
Ephedrine was halted to pharmaceutical companies saying a committee
formed by the government is supplying Ephedrine as per law to the
companies to prepare medicines. He assed: ANF teams were conducting
raids at various places to arrest Ali Musa Gilani, an accused in Ephedrine
illegal smuggling case.
The investigators of ANF probing into Ephedrine smuggling case
approached LHC, pleading for recording the statement of an approver in the
case by the trial court of narcotics substance (CNS). The two-member bench
was told by ANF Prosecutor Waseem Ahmed that the ANF wanted the CNS
to record the statement of the accused Former Director General Health Dr
Rashid Jumma but the trial court directed In-charge Prosecution to do so.
Dr Rashid Jumma, an accused in Ephedrine quota scam, has been
willing to become an approver in the case against other accused persons
including PPP blue-eyed Makhdoom Shahabuddin and Syed Ali Musa
Gilani. The court issued notices to the accused and the complainant in the
application of ANF for criminal review and deferred the hearing till July 3,
2012.
On 27th June, the LHC gave another chance to President Zardari to
obey within 68 days a court order requiring him to stop holding political
activities at the presidency and relinquish the post of PPP co-chairman. If
the order will not be complied with in letter and spirit, the court will see
what action could be taken, the three-judge bench observed. Justice Bandial
also observed that LHC is a constitutional court and a decision has to be
taken about the head of the state; therefore, the court would fix a time for
compliance of the court order.
1134

On 29th June, the Supreme Court ordered the DG FIA to submit report
pertaining to the progress made after the transfer of Hussain Asghar in the
Haj corruption case. Earlier, a joint secretary of the establishment division
appeared before the court and said a summary has been forwarded to the
prime minister on June 27 to appoint an officer to initiate departmental
proceeding against Hussain Asghar for non-compliance with the order.
The court has already ordered the federal government to suspend
Hussain Asghar forthwith, but each time the government comes up with a
novel excuse. Establishment Secretary Khushnood Lashari himself gave
commitment to the court that Hussain Asghars services would be suspended
if he would not report back to the FIA Headquarters immediately. The
hearing was adjourned till July 3.
Next day, ANF got the search warrants of the son of former Prime
Minister and MNA Ali Musa Gilani in ephedrine case. After issuance of
search warrants, ANF has been authorized to conduct raids and arrest Ali
Musa wherever he is. The ANF sources have expressed the hope that key
accused of the ephedrine quota case would be arrested shortly.

Defiance of judiciary: On 25th June, Abrar Saeed of TheNation


observed somethings cooking up in PPP legal minds. Since the
disqualification of Gilani by the Supreme Court, rumours were abuzz in the
political and legal circles that the PPP might bring some constitutional
amendments to slash the powers of the superior judiciary.
The PPP was judging the public reaction on the proposed plan and
they would definitely attempt to put their plan in practice on finding the
move conducive. It was in this backdrop that a couple of days back, Chief
Justice came up with a strong caution that any law repugnant to the basic
structure of the governance and Constitution would be scrapped by the apex
court.
Before the unceremonious ouster of Gilani in a coalition parties
meeting at Presidency, certain senior party leaders came up with the
proposal that the government should bring a reference against the chief
justice following the property tycoons allegations against his scion
Arsalan. However, the coalition partners did not support the idea and
especially Shujaat Hussain had vehemently opposed the proposal and said
the public outrage against the government due to load shedding and
unflinching support of civil society, media and public at large to the
Supreme Court would not let the government plan succeed.

1135

The PPP legal wizards have started working on other ways and means
to undermine the superior judiciary. The proposal from a PPP stalwart from
Karachi suggesting establishment of a separate Supreme Court for each
province and bifurcating the Supreme Court into a general Supreme Court
(of Pakistan) and a Federal Constitutional Court to deal with the
constitutional matters with the rest of the cases of civil and criminal nature
to remain with the Supreme Court of Pakistan were some of the lines on
which the PPP legal minds were working.
Another proposal of restructuring the Supreme Judicial Council was
also under consideration, wherein instead of two senior most judges from all
the four High Courts, all the chief justices of four high courts should be
made the member of Supreme Judicial Council and instead of three Supreme
Court judges the Chief Justice of Pakistan and two senior most judges
only one judge from the apex court (Chief Justice of Pakistan) and the next
senior most judge, in case of his absence, would be part of the Supreme
Judicial Council.
Political and legal experts, commenting on the situation, said the
Parliament was empowered to bring structural changes in the Supreme
Judicial Council and it could go for establishing Federal Constitutional
Court, dividing the work of the incumbent Supreme Court of Pakistan by
introducing constitutional amendment with two-third majority in the house.
Senior constitutional expert SM Zafar, however, considered the
proposal of having separate Supreme Court for each province repugnant to
the existing structure of the Constitution which, if enforced, could be
challengeable in the Supreme Court of Pakistan. He, however, saw no hurdle
in rest of the proposal of restructuring of the Supreme Judicial Council as
well as establishment of the Federal Constitutional Court.
The idea of bifurcating the Supreme Court of Pakistan into Federal
Constitutional Court and the incumbent Supreme Court with division of the
work between the two was taken from the Charter of Democracy (CoD)
signed between the two major political parties PPP and Pakistan Muslim
League-Nawaz (PML-N) - during the exile days their leaders.
But in the given situation, the PPP does not enjoy the requisite support
in the National Assembly to introduce such an amendment as PPP along with
its allies hardly manage to secure 211 votes in the election of the new chief
executive of the country, whereas they would require two-third strength of
the house, which is 228, for introducing amendment in the Constitution.

1136

Next day, the Ordinance issued by President Zardari that gave


constitutional cover to the actions of former prime minister Gilani was
challenged in the Supreme Court. Shahid Orakzai, the petitioner, in his
application prayed that President Zardari by issuing the ordinance had
violated the Constitution.
The order clearly stated that the ordinance could not be challenged at
any forum including the Supreme Court. However, the petitioner contended
that the order was an attempt to curtail the judiciarys powers. The petitioner
requested that the hearing of Bhutto reference should be stalled till the ruling
on this plea is delivered.
The Supreme Court directed the government to appoint judges in
Karachi and Hyderabad anti-corruption courts within three days. The chief
justice remarked that the accused got free due to the absence of judges and
the courts were then blamed for the lapse. The court also ordered the filling
of vacancies of judges forthwith in all the courts working under federal
government.
On 27th June, the Supreme Court gave new Prime Minister Raja
Pervaiz two weeks to indicate whether he would ask Swiss authorities to
reopen corruption cases against the President. A three-member bench,
headed by Justice Nasirul Mulk, hearing the non-implementation of NRO
judgment directed the AG to get instruction from the PM as to what he
intends regarding implementation of para 178 of the NRO judgment. The
court hoped that the new prime minister would comply with the apex court
order and write to the Swiss authorities for reopening the cases against NRO
beneficiaries, including President Zardari. The case was adjourned until July
12.
Chief Justice ordered for submitting the suspension notification and
the steps taken against Gilgit-Baltistan (G-B) IGP Hussain Asghar for not
reporting back to the FIA Headquarters. Hussain Asghar, who had been
investigating the Haj corruption case as director FIA with the entire
satisfaction of court and collected important evidences against the accused,
was appointed IGP Gilgit-Baltistan.
Though the PPP and the PML-N are in agreement under the Charter of
Democracy to set up a federal constitutional court to settle the constitutional
matters; the latter suspects the latest move by the former to bifurcate the
existing Supreme Court. For the PML-N, it is very important to see with
what intentions the government wants to establish a constitutional court,

1137

said Senator Pervaiz Rashid when asked if his party would cooperate with
the PPP to implement one of the provisions of the CoD.
Babar Awan, during his contempt case hearing decided to contest the
case himself. The former minister raised serious objections over the
proceedings in his contempt matter. He demanded that due process should be
followed in his case and court should refrain from passing any judgment,
which it disowns in the future. In view of his aggressive style, the court
postponed the case proceedings for 15 minutes. Later on, Babar Awan was
allowed to argue the case. Later, the hearing of the case was adjourned till
July 2.
Next day, it was reported that the PPP regime is considering bringing
in a presidential ordinance to curtail the original jurisdiction and the suo
moto powers the apex court enjoys under article 184(3) of the Constitution.
The ordinance was drafted by the Ministry of Law and Parliamentary Affairs
on May 16, a week after the apex court issued its detailed judgment
convicting Mr Gilani in contempt of court case. The regime could, however,
drop its promulgation in view of the legal implications and strong political
and public backlash.
As per the proposed ordinance, the operation of the any judgment
issued under article 184 (3) by the superior judiciary will also remain in
abeyance till pending of the appeal that is to say an automatic stay will
come into effect whenever an appeal will be filed. This means that Gilani
still would have time to file an appeal an important purpose of this legal
adventure.
The ordinance would also provide a cover to the new prime minister,
who is also likely to face the same situation over the issue of Swiss letter.
But more importantly, it would indirectly paralyze the suo-moto powers of
SC because it takes suo-moto notices under article 184 (3). When
promulgated, the ordinance shall come into force at once and shall, subject
to the limitation as provided in the ordinance, be applicable on all the
matters in which the right of review as available and has not been exhausted.
The legal experts say the ordinance may also be helpful for the
government in cases like Arsalan Iftikhar, Ephedrine, NICL, Rental Power,
Bank of Punjab and NRO, the experts say. But this ill-conceived move
would bring more harm to the PPP, which is already fighting for its political
survival, as the people of Pakistan are now fully aware that the PPP and its
coalition partners are deliberately defying the court orders, they say.

1138

The experts believe that the promulgation of such a controversial


ordinance will ruin the whole judicial system. They say the draft of the
ordinance is a conspiracy to control the superior judiciary. Such attempts
will lead to heightened confrontation between the institutions; resultantly,
the whole system will collapse, the experts feared.
Declining Malik Riazs request for exemption, the Supreme Court
directed him to appear in person in all the subsequent hearings of the
contempt of court proceedings against him. The court also issued notices to
the Pemra chairman and CEOs and anchorpersons of Dunya News TV
channel over a malicious talk show hosted to Malik Riaz whose off-camera
footage was posted on YouTube. The court issued show cause notices to
Riaz on three other applications filed against him.
The counsel for Riaz sought three weeks time to study the case. He
said the contempt proceedings have been conducted against his client on the
basis of transcript of a so-called press conference and the said material was
not available with him yet. He further contended that he does not know who
would prosecute his client in the instant contempt proceedings.
The court told Dr Basit that state counsel would prosecute his client.
The court further told him that Urdu transcript of the press conference as
well as order of the court in Urdu was read out to the accused in the open
court. The court also told the counsel that the accused has already been
granted sufficient time to engage his lawyer. The court adjourned the hearing
until July 4 and directed the counsel to submit concise statement of Malik
Riaz before next hearing.
The Supreme Court on Thursday issued notices to Mehar Bokhari,
Mubashir Luqman, Mian Amir (owner of Dunya News) Chairman Pemra
and Malik Riaz over the planted interview at Dunya News. A three-judge
bench of the apex court headed by Justice Shakirullah Jan issued the notices
over a plea moved by Liaquat Qureshi Advocate, seeking contempt of court
proceedings over the planted interview. The court adjourned the hearing for
two weeks after issuing the notices.
Arsalan doubted NAB chiefs impartiality and cautioned the bureau to
halt the process of initiating inquiry against him on the application Malik
Riaz and by doing so the Bureau would be overstepping its jurisdiction as
well as violating the NAB Ordinance. The counsel of Arsalan Iftikhar,
Sardar Muhammad Ishaq Khan warned NAB to immediately halt the process
as it is beyond its jurisdiction and by doing so they would not only be

1139

violating the NAB Ordinance governing its working but the department
would also be violating the direction of the Court.
Also terming the direction of the AGP to Chairman NAB to constitute
a Joint Investigation Team, to probe this high profile case as illegal and
malicious, the counsel of Arsalan warned the bureau not act against the law
as it would be in sheer violation of the direction of the apex court passed in
this connection.
On 30th June, in the first formal denial to comply with the apex court
decision to open graft cases against President Zardari, Prime Minister Raja
said it is the Constitution that prevents writing of the Swiss letter. Raja said,
we will not let our first class president to capitulate to a third class
magistrate, as the Constitution stands against it. Rounding off his reply over
the issue, he said their stance over the letter would become known on July
12.
A petition was filed in the Supreme Court requesting the court to write
the Swiss officials a letter itself. The petition has been filed by the founder
president of Islamabad High Court Bar Association Ch Ashraf Gujjar. The
petition said that if the Prime Minister does not implement the court orders,
a commission be formed to write letter to the Swiss officials.
Chairman NAB said that investigations in the Arsalan Iftikhar case
would be impartial and transparent without prejudice to any internal or
external pressure. Addressing a news conference in Islamabad Fasih
Bukhari said that NAB has constituted a joint investigation team to probe
under the direction of the honourable Supreme Court of Pakistan into the
case. He said the team comprises members from FIA Police and NAB while
DIG Financial Crimes will head it.
He told that JIT will determine whether it is a case of collusion
between two private individuals or the case of extortion by any of the
accused. The team will look into all the relevant transactions, money trail,
investments, commercial dealings, business profiles, relevant meetings and
if required details of communications between those associated, in any
manner, with the case.
Chairman NAB told about a letter written by the counsel of Mr
Arsalan Iftikhar and informed that such a notice is an effort to influence the
proceedings of the case. The notice bears threatening language attempting to
hamper proceedings that constitute offence under the law and this aspect will
also be looked into. As JIT is in the process of constitution to comply with of

1140

the SC orders, the Notice by Mr Arsalan Iftikhar tantamount to the


contempt of court as well.
Judicial Commission of Pakistan met under the chair of Chief Justice
and proposed names of four new judges for Peshawar High Court. JC
deliberated on nine names and later finalized four names which would be
sent to parliamentary committee after that President of Pakistan will approve
them.
Next day, Aitzaz Ahsan has said that he had apprised Chief Justice of
Arsalan Iftikhar issue but he ignored it. Talking to a private TV channel,
Aitzaz said he had informed the Chief Justice about the issue of Malik Riaz
by considering Arsalan Iftikhar as a son.

Recessing economy: On 25th June, National Transmission and


Dispatch Company (NTDC) Managing Director (MD) Rasool Khan Mehsud
has become more powerful than Minister for Water and Power Ahmed
Mukhtar, who tried to suspend him during the Gilani government, but failed
and is now preparing to take up the issue with Prime Minister Raja Pervaiz
Ashraf. However, it seems that Rasool Khans suspension is a huge task.
Ahmed Mukhtar, right after taking charge of Ministry of Water and
Power, had issued orders for the suspension of Rasool Khan, who is also a
controversial personality among the Wapda officials but no one ever has
succeeded in taking action against him. The reason told by the sources is his
close relations with the ruling elite, as he is known among the Wapda
officials for fulfilling the vested interests of the elite.
Next day, Prime Minister Raja Pervaiz, while chairing his first cabinet
meeting, directed the quarters concerned to ensure that there would be no
load shedding during the Sehri and Iftar time in the holy month of
Ramadan, commencing from next month. Raja reached in time for his first
cabinet meeting, while only some cabinet members, out of over 50, were
present there. After their arrival, the latecomers, sources said, appreciated
the prime minister for starting the meeting at the scheduled time.
Keeping in view the upcoming elections, the cabinet members were of
the view that main priority of the incumbent government should be to tackle
the power outages and worsening law and order situation in Balochistan.
The prime minister, sources said, also asked the cabinet members to
regularly monitor the load shedding related developments in their
constituencies.

1141

The secretary said that the gap between the supply and demand would
be narrowed down, which was to lead providing relief to people as a result
of improved hydel power generation. Raja directed the Energy Committee to
strategize the slashing the line losses and electricity theft, which had been
incurring huge losses to the power sector and national exchequer.
Later, the prime minister met President Zardari and informed him
about the steps taken by the government to control the load shedding. Raja
informed Zardari that his team had worked out a plan to reduce the gap
between the power generation and power consumption and hoped that with
the early start of the monsoon rains in the country the water position in dams
would increase which would provide them with extra power to provide relief
to the people particularly in the upcoming holy month of Ramadan.
On 27th June, Rasool Mehsud was removed as the Managing Director
of the National Transmission and Despatch Company. On 25 th June, Federal
Minister for Water and Power Ahmed Mukhtar declared he and Mehsud
could not hold their respective posts at the same time.
Next day, Imran Khan led a rally in Faisalabad against the prolonged
load shedding. He came down hard on President Zardari for his PPP-led
governments failure in catering to the challenges confronting the country.
Makhdoom Javed Hashmi and Shah Mehmood Qureshi were also present on
the occasion.
On 30th June, in a bid to regain popularity among masses ahead of
next election, incumbent government has turned to providing tempered relief
to people and slashed the petroleum prices by Rs6.44 per liter and CNG
prices by Rs4.59 per kg. It is pertinent to mention here that following the
declining trend in the oil prices in international market by $5 per barrel
OGRA has proposed ministry to reduce the POL prices.

Punjabs woes: Young doctors in Punjab have been on strike for


more than two weeks to press for acceptance of their demand for increase in
their pay and perks. The Punjab government had increased their pay and
allowance only a year back and they are presently better paid as compared to
doctors of other three provinces; despite that YDA has been adamant in
pressing the government. Resultantly, the focus is off from strikes related to
power outages; on that count a rat can be smelled in doctors strike.
On 1st July, faced with continuous defiance of the young doctors, the
Punjab government ordered crackdown on the leading agitators, besides
deciding to blacklist the unruly YDA members and sacking 24 of them. The

1142

doctors protesting under the YDA (young doctors association) banner


reacted with abandoning their services at emergency wards and indoor
department of many hospitals across the province. They had already forced
shut OPDs at almost all the hospitals creating a deep crisis at the public
sector hospitals of the province.
At late night raids, the police arrested the main leadership of the
young doctors. In all more than 70 doctors were nabbed from Services
Hospital, Doctors Hospital and Punjab Institute of Cardiology. The YDA
senior office bearers namely Dr Hamid Butt and Dr Aamir Bandesha were
also detained and shifted to the Ghalib Market. Minutes after the police
started the operation the YDA announced complete strike across the Punjab,
especially at Emergency Centres of Public Hospitals, from July 2. It also
announced to go ahead with its plan to besiege the CM House on July 5.
The health department has invited applications from the new
graduates to fill in the gap. From those who have been appointed recently
the department has taken oath that they would not observe any strike or take
part in any protest, warning them that they would be sacked otherwise. The
senior doctors have expressed their willingness to serve in outdoor wards.
The young doctors have put forth three conditions to end the strike
and want a personal commitment from Punjab Chief Minister of fulfilling
their demands. The demands are: appointment of medical officers (MOs)
directly in Grade 18, stipend of postgraduate trainees equal to that of MOs
and making health professional allowance equal to basic pay.
The army doctors have taken charge in government hospitals. A total
of 150 doctors from Pakistan Army, requisitioned by Punjab government,
would be taking their job in different hospitals to counter the strike and
ensure provision of treatment services to the patients in the hospitals. The
doctors from Pakistan Army have started reaching different hospitals of
Punjab to begin serving helpless patients. Besides, as many as 454 Women
Medical Officers (WMOs), who have been recruited through Punjab Public
Service Commission (PPSC), will also take their charge in different
hospitals in the province. Moreover, Punjab Health Department has also
decided to the award appointment letters to at least 1,000 doctors awaiting
postings in the hospitals.

Ideological subversion: On 27th June, stating the creation of


Pakistan utterly purposeless until its transformation into a real Islamic
welfare state, Imran Khan said that PTI would strive for a new Pakistan as
was envisaged by the Nations Father, Muhammad Ali Jinnah.
1143

Transforming Pakistan into a secular state will amount to betray millions of


Muslims because the country was formed on the very basis of becoming an
Islamic welfare state, Imran remarked.

Baloch militancy: On 26th June, Frontier Corps and police foiled


an attempt to blow key government buildings, including FC headquarters, in
Quetta nabbing two suspects and recovering huge cache of arms and
ammunition from their possession in two separate actions. Both confessed
that they were operating under direction of the Baloch Republican Armys
(BRA) Commander Murad. They admitted that they had killed three barbers,
exploded railway tracks and were involved in subversive acts in Kech, Mand
and Turbat. Meanwhile, a man was killed and another wounded in a shootout
at Khuzdar town while a bullet-riddled body was recovered in Dasht area of
Mastung district.
Next day, at least seven people, including a policeman, were killed
and 18 others wounded when an explosion ripped through Sibi railway
station. The explosives were placed beneath a bench at platform close to a
cold drink stall which exploded when passengers disembarked for
refreshment from the Jaffer Express. The blast was so powerful that it
damaged a bogie of the train and the structures at the railway station. In
Mastung, a bullet-riddled body was recovered by the Balochistan Levies.
On 28th June, at least 13 Shia pilgrims were killed and 25 others
injured when the bus they were traveling in became the target of a remotecontrolled car bomb attack, in Western Bypass area, on the outskirts of
Quetta. The bus, carrying around 50 pilgrims of Hazara community were
traveling from Taftan to Quetta. According to Bomb Disposable Squad, 40 to
50 kg explosives material was used in the blast.
At least eleven personnel of the Frontier Corps (FC) were injured in
two separate landmine blasts in Bolan and Musakhel districts. The injured
were immediately moved to a nearby hospital for treatment. No group
claimed the responsibility for the attacks till the filing of this report.
Next day, Police rounded up over two dozen suspects in connection
with Hazar Gunji car bombing in different raids from Sariab area of Quetta.
Complete strike was observed in Quetta on the call of Hazara Democratic
Party and Wahdad-e-Muslimeen backed by Pakhtunkhwa Milli Awami Party.
Meanwhile, a person was shot dead in Quetta while a body was found
dumped in Khuzdar. On 30th June, four people, including a woman were
killed and another wounded in separate incidents of violence in different
towns of Balochistan, while rockets were fired in Jaffarabad district.
1144

Turf war in Karachi: On 25th June, Prime Minister Raja Pervaiz


said that peace in Karachi was a government priority and he vowed to solve
all other problems with the help of allies. The prime minister was speaking
to the media following his visit to MQM headquarters Nine Zero and his
meeting with Pir Pagara at Kingri House. Meanwhile, 8 more people were
killed in the city.
Next day, at least four people including a KESC official, MQM
activist and MQM supporter were gunned down in separate incidents of
target killing in the port city. Three PPP activists sustained bullet injuries in
an armed attack near Chota Maidan within the limits of Nazimabad police
station. Meanwhile, following the armed attack on the office of a Aaj TV
channel and local newspaper, the Sindh Police claimed to have nabbed six
suspects with weapons from Patel Para area.
On 27th June, a woman was killed while about a dozen people
including two policemen wounded when gangsters threw hand grenade on a
police party in Dalmia locality of Aziz Bhatti Police Station. Meanwhile,
three bandits were killed in a shootout near Guru Mandir area by a police
party chasing them following a burglary at a house in PECHS area. Next
day, three people were killed in the city.
On 30th June, four people including a police sub-inspector and an
activist of Peoples Students Federation were killed in separate incidents of
targeted killing in different parts of the metropolis. Next day, two more
people were killed in incidents of violence.

VIEWS
Power politics
Depth of ignominy: Just when we conclude that we have reached the
nadir of our fortunes as a nation, President Zardari and the coterie of the
incompetent and the corrupt individuals around him make us realize that
there are even lower depths to which we must descend to satisfy their lust
for power and greed. The 22nd of June when the PPP and its allies elected
Raja Pervaiz Ashraf as the new Prime Minister was another day of
ignominy
Whatever may be the preferences of the PPP leaders, the day of
reckoning is fast drawing near in the form of general elections to be held
early next year. In fact, the election campaign has already begun. The next

1145

few months would witness the rising of the political temperature, as the
election campaign gathers momentum and the political parties intensify their
efforts to woo the voters.
Time has come for the people of Pakistan to wake up and get ready to
elect their representatives with due care taking into account their past
performance and future plans. If the present PPP-led federal government has
failed to provide good governance to the people as this scribe believes it has,
it must be thrown out through the democratic mechanism of elections to be
replaced by others who promise to do better. This is the only way to send the
signal loud and clear that the people of Pakistan would not tolerate bad
governance or corruption. Hopefully, the next government thus chosen by
the people would be more responsive to the demands and expectations of the
people than has been the case with the present PPP-led federal
government
So democracy in the long run is the best form of government for the
country. Of course, there would be from time to time inefficient and corrupt
elected governments as is the case right now. But the inbuilt safeguards in
due course would cleanse the democratic set up of its flaws provided the
people are vigilant in checking the performance of the government and
provided they choose their representatives with due care. The real test for the
people of Pakistan would be at the time of the next elections. As they say,
eternal vigilance is the price of democracy. (Javid Husain, TheNation 26th
June)
A tale of blind loyalty: What are the credentials of Pakistans new
Prime Minister? His personal loyalty to the PPP party and its top leadership
(meaning the President/Co-Chairman and Chairman of the party) is absolute,
unquestioned and considered his top credential. Prime Minister Raja Pervaiz
Ashraf, a one-time small businessman, has turned into an astute entrepreneur
under presidential patronage, and he firmly believes in advance payments in
all commercial transactions. Is he an astute politician? There is no evidence
to support this contention. Is he a political visionary? No proof of that either.
Is he a competent and efficient political manager? Raja Pervaiz Ashraf has
been accused of massive financial and political mismanagement in his
previous roles as a Federal Minister. Does he understand the intricacies of
the foreign policy and diplomatic initiatives that are so very important in
present-day Pakistan? No one anywhere, in Pakistan or abroad, will give you
an affirmative response to this question. Is he a dynamic leader, a team
player, a management guru, an inspiring political pundit or a pragmatic
decision maker? None of the above unless he proves observers and
1146

analysts wrong in the coming days! Is he a problem-solving wizard? So far,


no one anywhere has observed this skill in his political conduct or in his
personal attributes (compare all of the above, for illustrative purposes only,
between Prime Minister Raja Ashraf and someone like PTIs Imran Khan).
The point I am driving at is that todays Pakistan, already at the brink
of a political abyss and an economic meltdown, needs political leadership
that understands the relevance of transformational change in the country. It
is neither politically correct, ideologically appropriate, nor applicable in
terms of strategic political management to keep on pushing the politicaleconomic-social status quo in the country any further. We are reaching the
limits of no return to normalcy if urgent steps are not taken to resolve the
present national predicaments.
Look at the crises and problematics faced by the nation: Pakistans
currency is in a freefall. An economic meltdown is at our doors. The energy
crisis is fomenting civil war-like conditions all over the country. Drone
attacks are continuing. American and NATO threats are escalating (the
Americans are considering combined US-Afghan military raids on Pakistani
territory). The price hikes and inflation are unprecedented and life for people
has never been so dismal people are committing suicide and common
citizens deprivations have never been so glaring, and the nation has never
been so demoralized. There are scandals followed by more scandals:
memogate, Malik Riaz-gate, mediagate, rental power-gate, Shahabuddingate, and so on and so forth.
Amidst all of these immense national crises, the PPP leadership has
managed to impose Raja Pervaiz Ashraf-gate on this unfortunate nation. He
is neither a non-controversial person, nor is he a credible personality. So
what is the endgame of all these political shenanigans?
Most certainly for the continuation of patronage politics, the
intended rigging of the next general election, the proposed constitutional
amendment to dislodge the Supreme Court Chief Justice, the planned
institutional assault on the judiciary and the institution of the armed forces in
Pakistan, etc, etc.
Should the nation expect heavenly intervention to protect it from
ultimate disaster? Or should the Supreme Court Chief Justice invoke the
constitutional power to order the concerned authorities to clear up the mess?
I would vote for clearing up the mess! How about you? Make your
voice heard any way you can! (Dr Haider Mehdi, TheNation 27th June)

1147

Democracy in danger? It may not be appropriate to go into the


merits or demerits or what is going on in this country as far as various state
pillars are concerned. However, a vast majority of the Pakistanis are worried
that a confrontation between different state institutions may encourage the
anti-democratic forces. While the military establishment has earned a good
repute for their patience and restraint on several issues that could have
triggered another martial law, there are many people who believe that even a
single false move by any institution may trigger the early demise of
democracy. While this may be extremely unfortunate for Pakistan and its
people, it is equally important that the civil and the military leadership,
along with the superior judiciary, must tread cautiously as far as the role
assigned to them in the Constitution is concerned.
Any attempt to encroach or violate the domain of other institutions
could be fatal for democracy. It would also be in the fitness of things if
someone clarifies about what is going on in Pakistan so that people like
Justice Markandey have a more realistic view of the working of Pakistani
institutions. Already Pakistan is faced with a serious dilemma of being a
state that tolerates extremism and is a breeding ground for militants that has
not only retarded the countrys economic development, but has also
tarnished its image throughout the world.
One hopes that with the next general elections drawing near by the
day, restraint and tolerance would be the hallmarks of Pakistanis, who
should be careful in what they do and say, as it will further damage the
countrys image. This can only happen with the peoples will and greater
responsibility on the part of different state institutions. Otherwise, there
would not be much hope for the welfare of the poor people! (Editorial,
TheNation 28th June)
The puppet master: Anyone who is familiar with the game of chess
would know that unlike other sports, in chess very little has to do with luck.
All the information is available to both parties equally; it is the analytical
skill, the perception and predictions of the players that make all the
difference. Hence, a master of chess plans all his moves in advance with all
possible scenarios, some having gone so far as to say that the first three
moves, more or less, decide the fate of the game. Life is no different with the
only exception being the will of God and sometimes it seems that God in all
his glorious omniscience watches as mortals play at being gods, giving them
more and more leverage till at the peak of their perceived invincibility. He
wrenches the very ground on which they thought their indestructible empire
stood, leaving them neither time to repent nor a chance to seek forgiveness.
1148

Thus, we see the unfolding of an ingenious strategy right at home amidst the
political turmoil by the man who is nothing less than a grand puppet master
of Pakistani politics, the President himself.
Born neither poor nor without influence, his early years are marked
only by the absence of any authentic academic degrees or certifications; a
fact which has never hindered his advancement in life. If Bill Gates can
boast of being an astounding success, both professionally and financially,
without a college degree, Asif Zardari can go a step further by his claim to
fame as being the second richest man in Pakistan and its President to boot.
Whether we ever see any degrees from a certain St Patrick High School in
Karachi or discover that a Pedinton School actually exists in Britain is
beside the point, the man is already a billionaire President, theres not much
left for him to achieve.
Marriage to an emancipated young woman, educated at Harvard and
Oxford no less, could not have been easy for the son of a Balochi tribal
Chief reigning in the heart of rural Sindh. After all, for all apparent purposes
the bride and groom did not have much in common, yet he rose to the
challenge and bade his time understanding the dynamics of his potentially
powerful position. His initial foray into the world of politics in 1983 was a
complete disaster, so post-marriage to Benazir Bhutto, a rising star in
Pakistani politics; he must have re-evaluated his strategy. Thus, we saw a
very cautious figure during the first time Benazir Bhutto was elected Prime
Minister. Exquisitely demonstrating that only fools rush-in Zardari even
acquiesced to the request made by his wife to stay away from politics. We
saw a meek, unimpressive figure demurely following the first woman Prime
Minister of a Muslim country as she, holding her first born son, Bilawal,
dismounted from the aircraft for her first state visit to the United States in
1989. However, as he grew more confident in his new position, his first
ventures were in securing financial deals, rather than political ground
earning him the nickname of Mr Ten Percent; a phrase that many of my
Japanese acquaintances find quite entertaining till they are assured of its
authenticity. So by the end of Benazirs first term, the international acclaim
was, more or less, in the bag.
Yet, Zardari still had much to learn and he was a very astute learner.
He was becoming more and more aware of the power of military in Pakistani
politics. Although widely thought to be involved in corruption, indicted for
the same and sent to prison after Benazir was sacked by Ghulam Ishaq; he
was freed in 1993 and acquitted in 1994. All corruption charges against the
Bhutto administration had been thrown out of court by then. The second
1149

Bhutto term as PM showed Zardari taking a more active role in politics,


taking on the mantle of Investment Minister, Chief of the IB and FIA. Still
he was unable to stop Farooq Leghari from cutting short his tenure as an
alleged de facto PM. This time around bigger problems had to be dealt
with such as Murtaza Bhutto and his subsequent murder, misuse of vast
public funds, millions of dollars in kickbacks and money laundering. Jail
and exile followed with rumours of torture, yet the most astounding fact
remains that he was elected twice while being in jail and none of the
allegations have ever been proven in court whether his party was in power or
not. If any proof of intellectual superiority was needed, this definitely is it!
Post-Musharraf we see the culmination of years of research and
planning in action. Zardari is now PPP Co-Chariman, President of Pakistan
and, more or less, the man who calls the shots. The Prime Ministers, past or
present, under him are very flexible puppets willing to dance to his every
tune. While they are prepared to walk the plank for their revered leader, take
on institutions such as the army and the judiciary on the directive of the high
command knowingly becoming scapegoats so that no amount of blame can
be traced back, the powers that be sit comfortably at top. The only thing that
is left to do is to marvel at the intelligence of the man himself. He neither
makes any hue or cry, nor do we have any inkling as to his doings or
whereabouts. Quietly, assuredly, he has secured his position and is not going
to give it up easily. Let others do their worst; Zardari is no ordinary man!
(Marium Habib, TheNation 1st July)

Rule of law
Presidents dual offices: It is becoming increasingly clear that
President Zardari will not be suffered to keep on holding dual offices of PPP
Co-Chairperson and the countrys President after the Lahore High Courts
fresh notice informing him that it was a violation of the Constitution. The
court has given him till September 5 to resign from the party office and
urged him to cease political activities in the presidency.
Mr Zardari who has often complained that the judiciary is at
loggerheads with him may well interpret this as a move to clip his wings.
The courts seem keen to defend a constitutional requirement that the
petitioner wants protected. The President is as much subject to law and
Constitution as any other citizen but also enjoys immunity, which too has
become a matter of debate after the Supreme Court struck down the NRO
While the extraordinary attention paid to political cases is escaping no ones
attention, the dogged determination with which Mr Zardari pursues his
1150

course while with equally determined efforts the democratic boat rocks more
and more wildly, the safest course to save the system and himself may be to
relinquish the office to his son and heir Bilawal. The office of the President
as head of state should definitely be non-political. But in days of 20 hour
load shedding and increasing political instability, is that Pakistans most
pressing problem? (Editorial, TheNation 28th June)
Never before did they walk this path: The rise of Raja Pervaiz
Ashraf to the prime ministers office underscores a stark reality; we have lost
fundamentals of ethics to politics of expedience. Most Pakistanis seem to
have lost distinction between the quest for rule of law and the self-serving
rhetoric of the ruling elite to circumvent law in the name of elected
democracy.
Some of us also tend to judge the conduct of key stakeholders such as
the judiciary in isolation from the rest of society, forgetting that judges too
are products of the same society human beings with likes or dislikes. They
live in a sea of corruption and misgovernance. They exist in a culture that
thrives on nepotism and favoritism, with mere lip service paid to rule of
law
And we have all been crying hoarse for accountability. Those finding
fault with the chief justice and the 16 other judges all adults with little
chance of coercion by the chief justice must judge them in the light of
what they did to undo a haughty dictator, General (r) Pervez Musharraf.
Never before had a judge walked this path. This unmatched courage before
the generals must not be made light of. One major message that rings out of
virtually all the consensus rulings is that nobody is above the law.
We should point out shortcomings in the conduct of our judges and
expect them to also take on the military establishment with equal ferocity,
yet we should not allow the quest for rule law or the principle itself become
victims of how one political party or the other looks at them.
This zeal in detracting judiciary must not gloss over the ruling
coalitions repeated attempts to counter judicial orders with administrative
counter-measures. We must also not forget that unfortunately all rulers have
used and abused public trust i.e. government resources, with impunity
living off the money that the common Pakistanis pay through their noses.
Why not keep pressing for above-board accountability and respect for
law. It also includes an opposition to immunities and exceptions that the
ruling elite has inserted into the constitution for unquestioned abuse of
authority In this context, deeply entrenched interests of the civilian and
1151

military kleptocracy remain unchallenged. Let us not use the party or any
other ideological prism to judge the judiciary or the media. Judge them using
the simple yardstick all citizens are equal before law and must be treated
so. Hence the need to strive for this. (Imtiaz Gul, The News 28th June)

Defiance of judiciary
Judiciary and military: It is becoming increasingly difficult for
Pakistan to maintain its status of being the only nuclear power in the world
with a dysfunctional political system. Pakistanis are talented and capable
But a failed political system wont allow them to rise through the ranks.
Pakistani democracy is now a cautionary tale, a shameful example of failure.
And the longer it goes on without major forced corrections; chances grow
for Pakistan to cross the point of no return.
The ruling coalitions choice for prime minister is the latest sign of a
bankrupt political system at the end of its rope. This is preview for what
awaits us after next elections: more of the same.
The existing parties are mini-dictatorships, stagnant and incapable of
producing fresh blood and fresh ideas. The only way left for Pakistanis to
bring their best and brightest to the top is to migrate abroad. This is
happening now at an unprecedented scale.
Now even Pakistani businesses, which took decades to establish, are
moving to Dubai and Singapore If Pakistans political elite falls as
expected and takes the nation along, it will be up to the judiciary and the
military to do something
The purpose of all laws, elections, and democracy is to improve
Pakistan, protect Pakistanis and create opportunities. If this doesnt happen,
it is time for correction. Continuity is good provided there is a system in
place that produces new blood, new faces and new ideas.
There are strong signs that the next elections are going to be more
violent than ever and will produce more instability and stalemate. We should
introduce a system that vets candidates and streamlines the political process
and the role of parties and politicians. Pakistan desperately needs a break
from politics and a shift to education, prosperity and development in the
coming years.
Both the Supreme Court of Pakistan and the military have shown
admirable caution and patience in dealing with a failing political system. But
patience wont bring better days. Only action will. (Ahmed Quraishi, The
News 28th June)
1152

Sitting on the horns of a dilemma: It doesnt get any more nervewracking. Almost as if acting in unison, the Lahore High Court and the
Supreme Court served ultimatums to the countrys president and prime
minister both belonging to the same ruling party, both facing the
consequences of committing contempt of court by refusing to implement
court verdicts. The superior judiciary itself stands accused of being an
overarching activist court hell bent on gobbling up prime ministers like a
judicial pacman.
The Justice Umar Ata Bandiyal-led Lahore High Court wants
President Zardari to choose between party co-chairmanship and the
countrys presidency. One office grants him political impunity, the other
legal immunity. Considering the Swiss blues, among other factors, if it
comes down to making an either or choice Zardaris possible preference is a
no brainer. But the judgment already has its fair share of critics.
It is being argued that the earlier decision of the LHC bench which
included then justice Bandiyal in this regard was a non-binding decision
and therefore did not invoke action under a contempt petition moved by a
petitioner. But the latest decision by the justice turned Chief Justice Bandiyal
has obviously treated its earlier suggestive order as a binding verdict and the
president has now been asked to make his choice by Sept 5.
Fast forward to the SC: A petition has compelled the court into taking
cognizance and it has asked the new prime minister Raja Pervaiz Ashraf to
inform it by July 12 whether he intend to follow the court verdict on the
Swiss letter, or his sacked predecessors example. In this instance also, the
ruling partys response is a no brainer. Raja, like Gilani, will walk the
defiance talk.
So where do we go next? Of late, legal and constitutional petitions
have become an integrated part of political maneuvers and whether they like
it or not, the courts cannot escape this snare. They are bound to decide on
petitions, either way. But the apex court also cannot remain oblivious to the
severe economic and political ramifications of a second prime minister being
sent packing within weeks of the first one, the legal justifications
notwithstanding. There are no two arguments that sending a second PM
home would be a perfectly legitimate decision forced upon the judiciary by
the governments own intransigence and deliberate flouting of the law. But
does that in any manner mitigate the de-stabilizing consequences? Not
really. Its a catch-22 dilemma for the Supreme Court.

1153

The ruling party and its allies warn of the heavens falling if the court
were to sack another of their prime ministers whereas the court is stuck with
the legal dogma of applying a different standard to two prime ministers in an
identical case. If the SC goes easy on Raja Pervaiz Ashraf in the interest of
political stability, that would violate the sacred tenant of all being equal
before the law. Why should Gillani have suffered a different fate than Raja,
people will then ask. And the argument will emerge that following the theory
of appeasement in the so-called national interest is tantamount to exercising
the doctrine of necessity of a different kind. How then does the court show
restraint without compromising on law?
If it implements law, as it is ordained to, it fears creating an
environment of extreme political instability. If it does not, then it sets a bad
precedent of the lands elite law makers being allowed to trample the law of
the land and the top court under their feet. Damned if they do; damned if
they dont. So, is there a middle ground? Can the NRO verdict be
implemented without the court scalping another rental prime minister?
Could it avoid walking into the neatly laid trap of a ruling regime wanting to
turn the entire affair into one of confrontation between the judiciary and the
parliament, rather than what it truly is: a desperate elected junta pulling all
strings to protect its top leader in an alleged corruption case?
In this unenviable scenario of really-no-real-options, at best the court
has two undesirable choices: It can allow the case to drag on while it tends to
other pressing affairs and quietly take criticism for its deliberate eschewing
of a tough decision. The other solution lies in the original verdict of the
seven-member SC bench, which had presented the SC with a six-item menu
of options.
One option was that the larger bench constitute a special judicial
commission, which bypassing the reluctant executive, could directly write to
the Swiss judicial authorities to treat Justice Qayyums correspondence in
the matter as having been withdrawn and reaffirming Pakistans continued
legal interest in the matter. Nothing stops the SC from exercising this option
except for the serious charge of applying double standards and its traditional
deep-rooted conservative attitude towards interpretation and implementation
of law. There is nothing wrong or undesirable in this puritan approach but as
is being argued by some, a legal jive and jazz approach at this critical
juncture could save the system a strong jolt
SCs brave and bold stances are having a positive impact on peoples
lives and the public psyche but it can make an even bigger contribution by
1154

turning itself into a stellar specimen of institutional excellence: To lead by


example. An institutional model to emulate and not just an institution to fear
for its punitive authority.
A good beginning can be made by ending the critical shortfall of
judges in the countrys high courts. Against a sanctioned strength of 60
judges, the LHC only has 37. The SHC is working with 25 whereas it must
have 40 judges. The Balochistan High Court has been allowed 11 but has
only got eight judges. The Peshawar High Court is working with mere nine
judges against the approved strength of 20. And these numbers too got
bolstered only during the last few days.
Not surprisingly, the number of pending cases runs into tens of
thousands in each court. And we havent even started talking about the
promised micro-reforms at the lower levels of the judiciary. Recently, the
apex court gave a stern warning to the government for not nominating
judges to the anti-terrorism courts. Instead of giving the lethargic executive a
black eye for being incompetent, the court could give it a red face by its own
professional working. Let the court begin by ending the shortfall of judges,
because judges denied also translate into justice denied. The SC must put its
own house in working order to silence its detractors. (Mohammad Malick,
The News 28th June)
For whom the PMs toll: When you lose a player near the end of the
days play, you send in a lower-order batsman to see out the rest of the overs.
With the light fading and fatigue setting in, the better batsman may be in a
no-win situation he cant achieve much in the short time available, and if
he gets out, the teams fortunes are set back further.
So use a Raja as the night-watchman and bring out a Kaira on a nice
sunny morning is that Zardaris plan?
Maybe. Or maybe the answer for why Zardari ultimately picked Raja
lies in his personal philosophy; in the kind of politician he is, and possibly
even the kind of man.
Imagine Zardari looking from his House on the Hill onto the outside
world where the opposition has engineered systematic street violence, which
after Gilanis disqualification and the expectation that the government
wont accept the SC decision it wants to turn into a full-out antigovernment agitation. There is talk of a million-march to Islamabad, Imran
Khan and Chaudhry Nisar call for a surprising ceasefire and the JI is busy
huddling up with all kinds of opposition groups. At whoevers behest, the

1155

ANF has also sprung into action to fell what to Zardari seemed like the
relatively decent prime ministerial candidate.
What does someone of Zardaris personal and political constitution do
when ambushed by enemy forces from all sides? He fights back. The
consummate dheet (stubborn) politician, if you dont let him have his
Shahab, hell thrust a Raja on you.
But its really not as simple as Zardari having had many options but
choosing the one that would ensure he remained unscathed in the end. For
more than just ensuring that he survives to tell the tale, the presidents
strategy, especially in the last one year, has been about making his own self
invisible. Consider.
What was missing during Gilanis contempt hearings and after his
disqualification: the president, of course, and the little matter of $60m in
Swiss accounts! A probe into the presidents wealth was the last thing on
anyones mind; taking out Gilani was all that mattered.
Now, with Raja Sahib too, the focus is on the erring prime minister
instead of the man dictating his errors. The mantle of hate has passed on
from Gilani to Raja, while Zardari has been rendered inconspicuous, yet
again You know what they say: the best way to lose yourself is in a crowd.
And thats what the president has done: lost himself in a crowd of prime
ministers masked jesters and clowns dancing in the fog of Pakistani
politics who have, and will, perform so extraordinarily terribly that the
overawed spectators will forget all about the nimble fingers that pull at their
silvery strings and guide them through their messy movements.
So what next? Well, if you want a happy ending, that depends, of
course, on where you stop your story. If you stop here, we have a new prime
minister and score one for democracy. But if you gaze forward, the picture
looks messier and messier.
The PML-Q just got the boss to grant it three wishes: the deputy
prime minister slot, 15 ministries, and sidelining constituency rivals Ahmed
Mukhtar and Kaira in the prime ministerial race. For all these gifts, the
Chaudhrys must now be prepared to pay a steep price, possibly by playing
real hard and dirty against the Sharifs in Punjab. That the PPP did not
consider Asfandyar someone who could have been a bridge-builder with
the PML-N as PM is also some indication of the bad fight that lies ahead.
And finally, all this talk of Farooq Naeq and Taj Haider coming together to
put together a constitutional amendment proposal that will curtail the powers
of the SC seems to suggest that reconciliation, now, may be the last thing on
1156

Zardaris mind. Meanwhile, beware that when the civilians mess up bad
enough, the uniformed have been known to step in to clean up.
Yes, dont wait for a surprise in the script here. Its power politics all
the way through to final curtain now though hopefully, when the masks
slip off and houselights come on, it wont mean curtains for the whole
country. (Mehreen Zahra-Malik, The News 28th June)
An illiberal democracy? The liberal twitterati of Pakistan have
been abuzz ever since the sacking of Yousuf Raza Gilani, claiming that the
Supreme Court has over stepped its bounds and threatened the very
foundations of democracy in the country. This is a serious allegation, and
therefore it is not to be taken lightly. In other words, the question being
asked is whether in a democracy the rule of law (or constitutionalism)
trumps the will of the people (expressed through the elected
representatives)?
Looking first at Western political tradition, it is constitutional
liberalism that has governed its democratic evolution Fareed Zakaria
explains it wonderfully: Constitutional liberalism is about the limitation of
power, democracy about its accumulation and use. His argument is that it is
constitutionalism that leads to democracy, and not the other way round.
Contemporary European and American history attests to this fact.
All this has a direct bearing on Pakistan. But first, let us look at the
current situation and consider the main allegations against the Supreme
Court. First, it has been accused for a while now of judicial activism and
interfering in the affairs of the executive. Second, the apex court has been
criticized for playing to the gallery, as it were, and taking populist decisions.
Third, it has been insinuated by certain quarters that the court has been
selective, even partial, in the cases it has taken up.
Let us look at the last charge first, which is most easily dismissed. The
issue of missing persons in the war on terror was first taken up by Iftikhar
Chaudhry when Musharraf was still in power. More recently, the Supreme
Court has been vigorously questioning the role of the intelligence agencies
and the Frontier Corps in Balochistan. Clearly, this court has tried to hold
accountable not only civilian but also military institutions in Pakistan. This
is a first in our history, and negates the accusations of selective justice being
hurled upon their lordships.
The issue of judicial activism is more complex and deserves greater
scrutiny. It is true that the Supreme Court has been rather active, with a
plethora of suo moto notices to show for it. But the question to be asked is
1157

why? The answer lies in the withering away of the states capabilities,
particularly in the last decade or so. Mind you, I am talking about the overall
state machinery and not any specific bad governments. For reasons well
known to all and sundry, a power vacuum has been created due to the retreat
of the state at all levels of governance in Pakistan. And if there is one
indisputable rule of political science, it is that power begs to be balanced.
This is what really explains the exceptional enthusiasm with which the
Supreme Court has acted since its restoration in 2009. The fact that this
happened amid a large-scale public campaign ensured that, for better or
worse, Iftikhar Chaudhry and his colleagues on the bench had to keep an eye
on the expectations of the masses. This was not an ideal situation, but then
there is nothing ideal about political evolution in the history of any region,
much less a post-colonial one such as ours.
Given all this, what does it mean for Pakistan? The instability of the
present moment notwithstanding, the emergence of the Supreme Court as an
independent institution augurs well for the evolution of the Pakistani state
and society. And this brings us back to constitutional liberalism. It does not
matter how much PPP leaders parrot the line that parliament is supreme;
they are wrong. In a real democracy, it is only the Constitution that is
supreme. The executive, judiciary and legislative are all subservient to it and
none can claim superiority over the other. In our history, only the executive
has had any real power in this equation of three variables. Now, a second
variable has been activated and the judiciary is playing the role it was
always meant to play. Consequently, all the players are learning to readjust
to the new rules of the game. This is creating tension in the short term, but
will produce long-term dividends for Pakistan. ( Waqas Aslam Rana, The
News 28th June)
Rally round the SC: Yousuf Reza Gilani is now in the dustbin of
history. How fortunes fluctuate! Not long ago, we saw him at the top of
Fortunes wheel, his word a law to all and now surely he is at the bottom of
the wheel. From the last step of the throne to the first of scaffold, there is a
short distance. To such changes of Fortune what words are adequate? Silence
alone is adequate.
The nation-wide jubilation which we witnessed after the Supreme
Court delivered its landmark judgment in the contempt case against Gilani,
was justified on many grounds. It restored the majesty of the Constitution; it
proved the independence of the judiciary. Above all, it demonstrated that
nobody is above law. All these are good causes for celebration. The citizens
of this benighted country have, for once, been assured that there is such a
1158

thing as true accountability. They have the comfort of knowing that those
who defy the Supreme Court and have grown fat and rich on ill-gotten gains
at the cost of starving millions, can be brought to book.
Outwardly an illusory calm and an unreal air of bourgeois serenity
seem to have settled over Islamabad. Everything seems, as Goethe said, to
be following its normal course because even in terrible moments in which
everything is at stake, people go on living as if nothing were happening.
But a perfect storm is looming on the horizon. Islamabad is once again
preparing for a collision between those who stand behind the Supreme
Court, the defender of the Constitution, the Rule of Law, the protector of
citizens liberties and those who represent the forces of darkness, whose
hands are dirty, who have looted and plundered the resources of this poor
country. I can detect the near approach of the storm. I can hear the moaning
of the hurricane, but I cant say when or where it will break forth.
Today the Pakistan stage is clogged with bad actors playing lousy
parts from commanding heights. Too many conflicting agendas. Too many
egos. Too many so-called leaders with dirty hands. Major absentee on the
stage: the people of Pakistan, barely mentioned by anyone. How can corrupt
rulers occupy any place in the political order of Pakistan? This is equivalent
to asking what place should be assigned to a malignant disease which preys
upon and fractures the body of a sick man.
Five years ago, a judicial earth quake remade the political terrain of
our country In Pakistan, the Supreme Courts historic role has been one of
subservience to military dictators. Iftikhar Chaudhry broke with the past
tradition and changed all that. The nexus between the generals, corrupt rulers
and the superior judiciary has snapped. An era of deference by the Supreme
Court to the executive has given way to judicial independence. Isnt it ironic
that today the people of Pakistan, especially the poor, the disadvantaged and
the voiceless, expect justice not from parliament, not from the presidency,
not from the prime minister but from an unelected and unaccountable
Supreme Court?
Today there is an intense anxiety on the part of ordinary people for
decisive leadership. In this Manichean struggle, people are waiting for a
stirring lead and a clarion call. It seems that while the nation craves for
leadership, political leaders are equally determined not to lead them. Is it
because they are all status-quo friendly and do not want to rock the boat?
Isnt it a great tragedy that today the destiny of Pakistan is in the hands of its
reluctant leaders who refuse to draw the sword people are offering them?
1159

Counter revolution does not give up easily In the course of nearly


four years, the government launched five successive and overlapping wars
against the N-League, the media, the judiciary, and finally against the people
and history itself. All reflected a mindset to defy the Supreme Court and
disregard the Constitution and laws of Pakistan for personal benefit, a quest
for dirt and secrets about opponents as an organizing principle. This
government is not a government of the people, by the people, for the people.
It has turned much of itself into a criminal enterprise.
The struggle to restore the rule of law has reached a moment of truth.
Today it is a political and moral imperative for all Pakistanis to stand behind
the Supreme Court and fight for our liberties and be prepared to face all
consequences. (Roedad Khan, The News 30th June)
On picking sides: There is a harrowing sense pervading these days
that Pakistan is dangerously close to the precipice. There is no room for
complacency and one must pick sides in this fight for the life and health of
our country. But can picking sides mean standing unconditionally by an
individual or an institution? Should one pick Chief Justice Chaudhry over
President Zardari? Is General Kayani better than the politicians? Can one
pick the judiciary or the khakis over the executive or parliament? In these
polarizing times everything has become relative and absolute at once: the
relatively better individual or institution is the cure for all ills; and you ought
to exhibit absolute support for such institution or individual.
If you justify a decision of the court you are against democracy and
the will of the people. If you criticize a decision of the court you are against
rule of law and judicial independence. If you support continuity of the
political process you want to sell this country and its assets for a song. If you
question the actions and decisions of the ruling political elite you are a
closet-khaki secretly vying for the saviours. So which amongst our
institutions is dispensable? Can the judiciary fill the vacuum created by a
defunct executive? Can it discharge the duties to be performed by a
functional parliament? Should the judges and the generals be egged on to
handpick technocrats to save the country from unraveling? Must we revert to
failed ideas because the going has gotten tough?
The bickering over who is supreme in this country, parliament that
writes the Constitution or the judiciary that interprets it, is a frivolous one.
Why does one pillar of the state have to be taller than the others? We need an
independent judiciary, a functional parliament, a performing executive, a
strong army, an uncensored media and a vibrant civil society. None of this is
1160

expendable if Pakistan is to thrive. And the rot that we witness isnt


restricted to any one institution or a handful of individuals. If there is one
lesson to be learnt from the various scandals of the last few weeks it is that
all institutions of the state and society are in urgent need of self-reflection
and reform. The assertion that one individual is the root cause of all
problems or another can be a total solution is flawed.
One needs to side with the judiciary if its orders are being flouted or
its independence is under attack. One needs to side with parliament if its
right to amend the Constitution is under threat. And one needs to side with
the executive if its authority to make honest policy choices is being usurped
by any other institution. And there is no inconsistency in any of this because
all of this flows from the principles stipulated by the Constitution. But to
paint an individual or an institution as a messiah and profess to extend
unconditional loyalty to it on grounds of exigency is to continue with the
grand folly that has hurt us many times in the past.
With the NRO implementation matter in the court we are once again
either defending the judiciary as a messiah or projecting it as a coupmaker As a citizen one would wish for the court to find a way to get
around the problem of jiyala prime ministers exhibiting unconditional
loyalty to the person of Asif Zardari and refusing to implement the NRO
ruling. But as a lawyer one would criticize a decision of the court that treats
the current prime minister in a manner different from the last one on the
exact same issue. Should the court form a commission to write the letter to
the Swiss? If it could why did it not do so the last time around? Should the
court adopt a different course now in view of public opinion? While trying
not to eat up two prime ministers within a span of months might be a
persuasive common sense view, is it a valid legal one?
While the courts hand might be tied when it comes to enforcing the
law, it suffers from no constraints on the issue of institutional reform. Till
such time that the court continues to point fingers at the other branches of
government but remains unresponsive to its own need for reform, allegations
of righteousness, excess and partisanship will continue to resonate. There are
at least two areas of institutional and behavioral change that merit immediate
attention.
First, the lack of distinction in public mind between the office of chief
justice and the Supreme Court is inimical to judicial independence. There
are 17 legal minds comprising the Supreme Court who have equal judicial
authority. What then creates the impression that the CJ is not the first
1161

amongst equals but the boss of the other 16? There is no reason why in the
exercise of administrative authority a chief justice should not abide by the
principle of exercising discretion in a structured and transparent manner that
judges apply daily to exercise of executive discretion
The second area requiring intervention is the relationship between the
bench and the bar by reinstituting appropriate distance between them to
safeguards the independence of both. The bar and the bench cannot afford to
be perceived as functioning in the fashion of a political party. The mindless
strikes, beating and banning lawyers over difference of opinion, public
rallies in support of the CJ, the hushed whispers that tehreek lawyers have
direct access to the CJ and take their cue from him, the contemptuous
insinuation that personal loyalty to the CJ embellishes one prospect of being
elevated to the court etc., are all damaging the for the bench and the bar.
The Legal Practitioners and Bar Council Rules state that, judges, not
being wholly free to defend themselves, are peculiarly entitled to receive the
support of the bar against unjust criticism and clamor. But they clarify that,
marked attention or unusual hospitality on part of an advocate to a judge
not called for by the personal relations of the parties subject both the judge
and the advocate to misconstructions of motive. And that a self-respecting
independence in the discharge of professional dutyis the only proper
foundation for cordial, personal and official relations between the bench and
the bar. These rules leave no room for lawyers to function as the judiciarys
foot soldiers. (Babar Sattar, The News 30th June)
An unwise ordinance: Though the President has not yet
promulgated it, he has an ordinance to curtail the Supreme Courts powers
with him. Moving it would reflect a peculiar kind of desperation, as he
would concede that he is so agitated that he would like to use his power of
issuing ordinances to do the work that can only be done by constitutional
amendments. The PPP lacks the required strength in Parliament to amend the
Constitution. Even if it does succeed in amending it, there is the likelihood
of it falling afoul of the Basic Structures Doctrine and struck down.
However, the proposed ordinance merely inserts a new Section in the SC
rules, allowing for an intra-court appeal to a larger bench and automatically
staying judgments until appeals are decided. This would cause complications
in the decision against Mr Gilani. However, intra-court appeals against SC
judgments would threaten the court and the entire legal structure, as it will
mean that the apex court would never be secure in the knowledge that its
decision would be final.

1162

The Basic Structure Doctrine, which was first propounded before the
Indian Supreme Court, but which has been approved by Pakistans, holds
that there are certain basic structures to the Constitution, which cannot be
amended even by the amending authority, without being subject to judicial
review. One of those basic structures is the independence of the judiciary. As
the ordinance would represent an attack on that independence, and as the SC
has been very strenuous about maintaining that independence since the
restoration of the deposed judiciary, the doctrine will be attracted.
Reducing the ordinance to a minimum, it is meant to preserve Prime
Minister Raja Pervaiz Ashraf from the consequences, such as the removal
from office suffered by his predecessor, of not writing the letter to the Swiss
authorities about the Presidents corruption cases. The preparation of the
ordinance shows that the Zardari regime is bent upon preventing that letter
from being written, and is willing for the government to continue defying
the Supreme Courts orders. The PPP must stop putting the interests of an
individual ahead of the entire nations. (Editorial, TheNation 30th June)
Graves and mafia democracy: As if to pointedly ridicule the
Supreme Court, Zardari and Altaf Hussain announced in London to make it
legal for dual nationals to contest elections. That, of course, is more
important than finding a way to end the endless violence in Karachi where
the two party heads preside over the government like dictators. In this noholds-barred attack on the Supreme Court, we are told that a nominated
party loyalist posing as the Speaker of National Assembly has the authority
to trash a judgment of a seven-member Supreme Court bench and a puppet
Prime Minister can interpret the Constitution better than all the Supreme
Court judges put together.
For the PPP wallahs, the reasons for blindly supporting the patronagepolitics perpetrated by their big boss are pretty obvious; they are the ones
waiting in line to be patronized. The so-called progressives, claiming to be
non-partisan and independent, have joined their ranks for reasons of their
own. Dragged into this polarized framework and forced to take sides, for
some of them it is just convenient to repeat the bubble-headed and
misinformed tirade against the judiciary being aired in their circles. They do
not even bother to check their facts or so much as even read the judgments
of the court before forming their anti-judiciary opinions. Their intellectual
laziness is, however, a much smaller crime as compared to the calculated
intellectual dishonesty of their donor-driven progressive leaders, who feed
them with all the misinformation and propaganda to strengthen Zardari vis-vis the independent judiciary.
1163

In a larger framework, these apologists of Zardari, feast on the same


imperial table that stands on the legs of status quo. They have a privileged
role in the script written by their masters, who shower dollars on them for
dancing to their tunes. This greedy cabal of masters and serfs hankering for
power, privilege and domination behind the smokescreen of democracy and
human rights do not like anyone to change the script that promises a good
ending for them and their children. Their problem with the independent
judiciary is that it was never meant to have a major role in the script. The
well-entrenched forces of status quo, including the US government, its
brokers Musharraf and Zardari, the security establishment and the donordriven progressives, have all tried to block the entry of this unpredictable
factor in the power equation without success. They were further frustrated
when after the restoration, the Supreme Court refused to become a co-star in
this exploitative anti-people script.
These days, you can see some of them literally frothing at the mouth,
descending into an incoherent onslaught against the Chief Justice and the
Supreme Court based on hearsay, conjecture, conspiracy theories, distorted
political theory and a selective reading of history. The good thing is that they
have stopped making any sense whatsoever. (Jalees Hazir, TheNation 1 st
July)
July - a critical month! The confrontation between Pakistani state
institutions is unlikely to end soon, which may lead to a critical situation
during the month of July. All major organs of the state, namely the executive
(Cabinet), the legislature (Parliament) and the judiciary (Courts of law),
besides the media, are somewhat affected by it. Needless to say, the
Constitution has clearly defined powers and functions of each and every
state organ. Of late, however, all state organs are accused of committing
serious violations by interfering in each others internal affairs
Presently, it seems that the ruling lots top priority is to subvert,
defame, discredit and malign the superior judiciary, particularly Chief
Justice Iftikhar Mohammad Chaudhry; it is an attempt that will surely have
devastating consequences. Of course, the Supreme Court is not oblivious to
the conspiracies being hatched against it. Despite this, according to several
legal and constitutional experts, the apex court has shown judicial restraint
in its attempt to bring the erring government to the book. Also, the civil
society, political parties, media and the entire nation will stand behind the
judiciary come what may.

1164

The Supreme Court has rightly issued notices to all respondents,


including Husain Haqqani, former Ambassador to Washington, and Mansoor
Ijaz, the American businessman, in the memo case to appear before it on
July 12. It is now for the court to punish all those who were part of the
memo conspiracy, since it is evident that the document is genuine. Indeed,
the verdict will affect the ruling partys image and credibility, if it is
established that the President or any PPP member had anything to do with it.
Last but not least, July 18 will be a crucial day because MPA Abdul
Qadir Gilani, son of former Prime Minister Gilani, will contest by-elections
for NA-151 Multan, left vacant after his fathers disqualification by the
Supreme Court in the contempt case. Imran Khans PTI has also decided to
contest for this seat, as a test of its strength against the ruling party.
Therefore, the election result will have a far-reaching impact on the political
horizon of Pakistan. (Ikram Ullah, TheNation 1st July)
Sanctity of law: A few months ago I wrote two columns in which I
stated my reservations about the performance of the judiciary, its lack of
unambiguous judgments and delay in deciding straightforward cases of
national importance and how this was leading to disrespect being shown to
the judiciary.
My apprehensions were confirmed by the attorney generals rude and
insulting behavior in the Supreme Court when the case against former PM
Gilani was being heard. His behavior was more like that of a jiyala than of
a respected law officer. In his tirade he accused the judges of running away
after giving the judgment and he is even reported to have made obscene
gestures while making rude remarks
Unfortunately, our judges have turned straightforward cases into
major missions to the Moon or Mars with continuous delays and
postponements of cases for long periods It was strange to see Gilani being
convicted but, despite constitutional provisions, not being simultaneously
disqualified and barred from holding any public or semi-public office for
five years
What a travesty of law and judiciary! Now, with the recent judgment
that sent Gilani into oblivion, the judiciary has asserted its sanctity and
power. It is to be hoped that it will continue this trend.
There has been series of attempts to break down all institutions one by
one by taking advantage of the restraint shown by the honourable judges. Dr
Arsalan played right into the hands of some who waited for any opportunity
to defame the chief justice
1165

Just imagine, we have rulers who are convicted here and abroad!
Slowly but surely they have destroyed important institutions. Unfortunately,
it is now clear that some journalists too have been playing along with them.
There is talk now about some alleged to have accepted bribes cars,
bungalows, plots, etc.
I remember how some journalists were active against me during the
Musharraf era. Many articles were written, sometimes together with foreign
journalists, in an unsuccessful effort to tarnish my image. Now the same
tactics are being used in the Arsalan case. (Dr A Q Khan, The News 1st July)

Recessing economy
Emergencies: Power emergency: Pakistan is the only unfortunate
country in the world that has all the installed capacity required to meet its
entire demand but we have invented euphemisms like circular debt and
load shedding when the real problem is gross politicized corruption.
Imagine: for those critical hours when we did not have a PM the political
appointments still being made were that of CEOs of electricity distribution
companies.
Financial emergency: The State Bank of Pakistans foreign currency
reserves are falling as bricks fall through clear water. The SBP is losing
some $10 million dollars a day every day of the year. In the following 12
months, our current account deficit is projected to be $5 billion and debt
repayments amount to an additional $5 billion. We must raise $10 billion in
foreign loans or the SBP goes belly up.
Nutrition emergency: Forty percent of all Pakistani children are now
underweight. Imagine: 6 out of 10 children are affected by stunting (reduced
growth rate resulting from malnutrition in early childhood and/or during
fetal development brought on by a malnourished mother). Imagine: one out
of 10 children are affected by wasting (debilitating disease causing muscle
and fat waste as a consequence of acute malnutrition).
For the first time ever, four out of 10 Pakistanis are managing to
survive below the poverty line. Remember, on March 25, 2008, the day
Yusuf Raza Gilani took oath of the prime ministerial office, there were 47.1
million Pakistanis living in extreme poverty. Over the past four years, an
average of 20,000 Pakistanis per day every single day of the past four years
have dropped below poverty. The total number now stands at around 80
million.

1166

Education emergency: More than six million Pakistani children are


out of primary school and that is the highest of any country in the world;
Sudan has 2.6 million, Mali 1 million, Burundi 500,000, Zimbabwe 400,000
and Rwanda 400,000. Pakistan spends 1.7 percent of the GDP on education,
Zambia 2 percent, Rwanda 2.8 percent, and Sierra Leone 3.7 percent.
Economic emergency: For the first time in recent memory our private
sector has stopped growing. For the first time ever every Pakistani man,
woman and child is indebted to the tune of Rs70,000. For the first time ever
the government of Pakistan (GoP) is printing an additional Rs300 crore a
day every single day of the year; the GoP would print more only if there was
enough electricity.
Foreign investment emergency: For the first time ever Foreign Direct
Investment (FDI) has taken such a big nosedive over a short period of time.
Imagine: from $8,400 million in 2007 to under $700 million in 2012.
American Express has run away. HSBC is running away. Citibank has sold
off its various business units. The Pakistani rupee is in a free fall and no one
is worried; not the PPP, not the PML-N, not the Pakistan Army. More than
80 million Pakistanis do not know where their next meal would come from
and no one is doing anything about it; not the PPP, not the PML-N, not the
Pakistan Army. On the face of the whole planet Pakistan has the largest
number of children out of primary school and no one is doing anything
about it; not the PPP, not the PML-N, not the Pakistan Army.
Imagine: in the latest Failed State Index, Rwanda, Burundi, Ethiopia
and Burma are now better off than Pakistan. What is the PPP doing? What is
the PML-N doing? Where is the Pakistan Army? (Dr Farrukh Saleem, The
News 1st July)

REVIEW
The Lahore High Court asked Zardari not to turn the Presidency into a
den of a political don. It also dared fixing a deadline for him to comply with.
How did the Punjabi judges have the cheeks to question the Sindhi
Scoundrel? Not only that they also expected him to comply.
The judges somehow tend to forget, and repeatedly too, that Zardari is
no ordinary don. He enjoys the patronage of the global sheriff. It is because
of that and also for the size of gang he has gathered around him that the
judges cry will once again fall on deaf ears.

1167

Zardari and his legal devils have already decided to strike back for
which they have assembled a weapon of mass destruction in the form of a
presidential ordinance. This ordinance will not only clip the wings of the
judges because of which they tend to fly over the head of the don, but could
also cripple the judiciary as a state institution.
The Don has certainly secured the backing of global sheriff in this
context. He rides on the loyalty of his party leaders; thanks to 18th
Constitutional Amendment. He has also harnessed the support of coalition
partners through strategy of reconciliation with every illegal and immoral
practice.
The only thing that deters the Don from treading this dangerously
destructive course is the possibly fierce reaction of the general public.
However, when the push comes to shove, the Don wont hesitate in going
ahead with his plans irrespective of the public upheaval his action is likely to
result in.
Therefore, Judiciarys meek approach in the name of judicial restraint
is not likely to have any positive effect on him. He fully understands that he
has only 15 months to knock his adversary out. Even the softer of court
resorting to constituting a commission for writing the letter to Swiss
authorities may not soften his heart.
2nd July, 2012

1168

TWO BILLS
The fourth day of July is Independence Day of the United States of
America. On that day, Raja Rental, the Prime Minister of Pakistan presided
over his cabinets meeting in Islamabad. The cabinet approved two draft
bills to bring drastic changes in existing laws on dual nationality and
Contempt of Court. This had been already Okayed by two political dons,
Zardari and Altaf Hussain, when they had met recently.
But before that the cabinet had approved DCCs recommendations for
resumption of NATO supplies through land routes of Pakistan. These
recommendations were based on telephone conversation between Hina and
Hillary during which both had said sorry to each other for what they had
done to each other and that was taken as an apology which Pakistan had
been demanding since massacre at Salala.
A day after presenting an Independent Day gift to his American
Masters, Zardari remembered his father-in-law who was deposed by General
Zia on 5th July 1977. His father-in-law, Zulfikar Ali Bhutto is projected as
great democratic leader in the short history of Pakistan, probably deserved
more to be remembered as founder father of Bangladesh.
He not only played key role in disintegrating Pakistan but also turned
a Quom into Awam to become Quaid-i-Awam. When he was hanged on
charges of murder, his party labeled him as Shaheed blaming judiciary for
judicial murder. So on this day, his son-in-law observed that the goal of
democracy still remained elusive because certain institutions tend to cross
limits of their respective domains.

1169

NEWS
Power politics: On 5th July, the situation in NA-151took a new
twist as a strong contender for PML-N ticket Malik Ishaq Bucha has
withdrawn in favour of PPP candidate Syed Abdul Qadir Gilani. Malik Ishaq
Bucha met with former Prime Minister and announced to rejoin PPP. Bucha
had quit PPP in December 2011 and joined PML-N but he could not stay in
new party even for seven months.
On 8h July, Nawaz Sharif attended a convention of overseas chapter of
the party in Frankfurt during which pioneer and ex-president PTI Germany
chapter Tauqeer Buttar, former president PTI France chapter Tehseen Anwar
Shah and Amjad Gondal announced joining the PML-N. According to a
press release, a considerable number of PTI workers who attended the PMLN convention also expressed their trust in the leadership of Sharif and
pledged their unconditional support to him to achieve the goals of making
Pakistan a true welfare and economically stable state in the world.

Rule of law: On 2nd July, the Sindh High Court granted interim
protective bail to Ali Musa Gilani for two weeks in the ephedrine quota case.
Ali Musa, appeared before the SHC along with his counsel for the hearing of
his bail plea, in which he maintained that he was being involved in the case
on political basis and that he did not have any connection with it.
Despite repeated assurances Rehman Malik failed to submit his
renunciation form, as a proof that he has relinquished British nationality. The
court asked counsel for Malik that instead of arguing on presumptions,
provide the relevant documents showing that your client has renounced the
British citizenship in 2008. The counsel stated that Malik applied for
renunciation of British nationality on April 24, 2008, and he paid fee for it
from the account of her wife Saeeda Rehman, but her name was wrongly
written as Saeed Rehman. The chief justice observed that occurring of
mistakes again and again was a matter of grave concern. Justice Khilji
remarked: Even if we suppose that fee was paid, what happened after that?
Justice Jawwad said it seems Rehman Malik does not like to submit
the required documents. The counsel said that if someone acquires
nationality of other country after becoming a parliamentarian then he or she
would not lose the membership. But if the member holds dual nationality
before becoming a lawmaker, he should be disqualified. Justice Jawwad said
that now you are presenting a new point. Anwar Mansoor said that he

1170

wanted to argue this point and for that he needed some time. The court on
that adjourned until July 3.
Next day, Supreme Court suspended Malik Jameel Awan, member of
Pakistan PML-N from National Assembly in dual nationality case. A bench
headed by Chief Justice heard the case initiated on petition against
lawmakers holding dual nationality. The N-Leagues MNA Malik Jameel
confessed to the court having Dutch nationality as well. Suspending the NA
membership of Malik Jameel Awan, the Chief Justice Chaudhry remarked
that all lawmakers having dual nationalities should be meted out with
uniformly.
A division bench of LHC extended the interim pre-arrest bail of
Makhdoom Shahabuddin in ephedrine quota case till July 9. The court also
ordered ANF, probing into the chemical quota case, to let Makhdoom
Shahabuddin record his statement in the case. LHC also deferred the
proceeding in the bail applications of former health minister Makhdoom
Shahabuddin, former DG Health Dr Rashid Jumma, former Drug Controller
and a former director of Pharmaceutical Company of Islamabad till July 9.
The court also set July 11, the date for hearing the pleas filed by the ANF
and Dr Jumma to record his statement in the trial court to become an
approver in the case.
Shahabuddin told the ANF interrogators that it was not his duty rather
of the Secretary Health and Directorate General of Ministry of Health to
allocate Ephedrine quota. Meanwhile, Anti-Narcotics Force Rawalpindi
arrested two other accused in ephedrine quota scam. The two, arrested by
ANF, ascertained as Chief Executive (CE) Cann Pharmaceutical Multan
Hashim Khan and Ahsan-ud-Din, the employee of Danas Pharma,
Islamabad.
The Supreme Court directed the federal government to fill the vacant
posts of judges at all the special courts and submit their notifications on July
10. A three-member bench headed by Chief Justice heard the case of
shortage of judges at special courts. Deputy Attorney General informed the
apex court that law ministry had sent the summaries to the prime minister
regarding appointment of judges on vacant posts at Karachi and Hyderabads
special courts. Justice Jawwad questioned why for the last 14 months these
vacancies could not be filled? He asked whether in the summary it had been
pointed out to the prime minister who was responsible for the delay. The
chief justice asked him to probe the matter and fix the responsibility.

1171

On 4th July, the Supreme Court issued notices to Secretary Interior and
DG FIA for harassing and victimizing Deputy DG of Drug Regulatory
Authority. Appearing before the court, Deputy DG Tanvir Ahmed
complained that he has been harassed and victimized by the FIA and
Ministry of Interior. He also filed the petition and requested the court to save
him from victimization in Rs7 billion ephedrine drugs case.
He informed the court that he had been transferred to Gilgit-Baltistan
after making him Officer on Special Duty (OSD) despite the fact that there is
no office, staff, budget, or any tool for performance of duties. He said that he
had been subjected to victimization because of his statement he deposed
before the ANF probing the ephedrine scandal and his opposition to the
grant of unlawful and illegal drugs quotas on fake demand for manufacturing
ephedrine tablets.
The applicant contended that the new task was assigned to him by the
highest authorities including Principal Secretary to the Prime Minister
Khushnood Akhtar Lashari and Secretary Interior under political influence
with malafide intentions forcing him to change his statement he recorded
before the ANF. He alleged that Qazi Abdus Saboor, DG Capital
Administration and Development Division (CAAD) was posted as Director
General (Health) on the intervention of Khushnood Lashari and was given
the charge of Chief Executive Officer of the Drug Regulatory Agency of
Pakistan on May 28.
The Supreme Court suspended membership of Nadia Gabol and
Farhat Muhammad Khan of the MQM. During the hearing, Chief Justice
Iftikhar expressed displeasure over the provision of erroneous information
on the travel details of MPA Tariq Alwana. During a previous hearing,
Alwana had informed the court that he had never traveled to any country,
except Saudi Arabia. When a copy of an American passport allegedly
belonging to him was shown to him, he had said that the picture on the
passport showed it was not his.
Next day, complying with the apex courts orders, the Islamabad
Police registered an FIR against top brass of FIA, however, sealed the file to
hide information from the journalists. The FIR was registered against DG
Fiaz Leghari, deputy DG and others under sections 192/193/197 of PPC. The
Supreme Court had ordered the Islamabad Police chief to register FIR
against officials of FIA for misguiding and providing false and fabricated
information regarding the dual nationality of an MPA from Punjab. The

1172

Islamabad IGP was directed to supervise the investigation and submit report
on a weekly basis.
On 6th July, the Supreme Court accepted plea of former law minister
Babar Awan for more time in the contempt of court case on medical grounds.
Prior to hearing of the case, Awans chamber assistant submitted an
application to adjourn the hearing saying Dr Awan was a cardiac patient and
needed medical check-up from AFIC Rawalpindi due to which he could not
attend the court. However, the bench summoned Babar Awan to appear
before the court at 11 am where he submitted medical certificate and prayed
for adjournment in the case on medical grounds. Later the bench adjourned
hearing of the case till July 11.
Next day, Chief Justice of Pakistan explicitly indicated that the
Supreme Court of Pakistan might strike down any law repugnant to the
Constitution, and said that the Constitution not the parliament is the
Supreme entity in Pakistan. Addressing lawyers during a ceremony at the
Sindh High Court, he dubbed the question of parliaments supremacy over
the Constitution as unjustified. He said that whatever position or post one
holds the law was same for everyone.
Action on contempt of court was taken against the chief executive for
not obeying the court order and he lost his position, he added. The chief
justice said that the Article 2(A) of the Constitution is the guarantor of
judiciarys independence. The courts of the country are under the
constitution. He added that there would be no compromise to protect the
independence of judiciary and abidance of law is necessary whatever
consequences it might carry.
The chief justice said that it was incumbent upon the lawyers and the
judges to protect independence of the judiciary. Chief Justice applauded the
role of lawyers and Bars for playing pivotal role for restoration and
independence of judiciary. Moreover, the CJ said that Pakistani laws are not
the continuity of British System; however, the decisions which are being
made on the arguments of lawyers have become the ideology of the future.
A court sent the two accused to Adyala Jail on judicial remand for 14
days after Anti Narcotics Force probed them in ephedrine quota scam for
four days. Special Magistrate ANF Shafqat Ullah Khan sent Chief Executive
Cann Pharmaceutical Multan, Hasham Khan, and Chief Executive Florence
Pharma Multan, Ahsan-ur-Rehman, to Adyala Jail.

1173

Defiance of judiciary: On 3rd July, the detailed judgment in the


Speakers ruling case was released. The Chief Justice authored the lead
opinion in the detailed judgment. Iftikhar ruled out that when a court of
competent jurisdiction finds a member of Parliament guilty of an offence
falling under Article 63(1)(g) of the Constitution, the Speaker has no
discretion left in the matter.
In such circumstances, the Constitution requires the Speaker to refer
the matter of disqualification to the Election Commission. Therefore, by not
referring the matter to the Election Commission, the Speaker exceeded her
lawful authority. Her decision therefore was liable to be struck down upon
judicial review. In a concurring note, Justice Khilji has placed reliance on
various precedents to show that the Speakers decision on qualification or
disqualification of Parliamentarians is not immune from judicial review.
He has also rebutted the argument that the mechanism for
disqualification provided in Article 63 is the exclusive way of dealing with
the question of disqualification. A solid chain of precedents from the 1960s
onward, including Farzand Alis case (1970) shows that the superior courts
have an independent power to unseat people illegally occupying public
offices, including members of Parliament. The well-known writ in the nature
of quo warranto is available in the Constitution precisely for this purpose,
he added.
The presence of an alternative remedy under Article 63(2), in the form
of recourse to the Election Commission, has not extinguished this power of
the superior courts, he stated. In the present case, where the conviction was
evident on the face of the record, and the case did not involve any disputed
questions of fact, this power of the court to disqualify a member of the
Parliament had been rightfully invoked, he added.
In a short concurring note, Justice Khawaja highlights certain
Constitutional principles. He notes that in the Pakistani context, the oldfashioned British concept of Parliamentary sovereignty is no longer relevant.
In Pakistan, the Constitution enjoys supremacy over all organs of the State,
including the Parliament. Therefore, on Constitutional issues, members of
Parliament, including the PM, could not avoid being answerable to court, he
said.
Justice Khawaja also elucidates that the various provisions of the
Constitution invoked in this case, i.e. Article 190, (obliging all executive
authorities to assist the SC), Article 204 (allowing SC to punish contemnors)
and Article 63(1)(g) (disqualifying contemnor) all fell into a neat scheme. As
1174

long as the Constitution is scrupulously adhered to, no individual, not even


the PM, is indispensable, he said.
The Supreme Court refused to provide audit report details to the
Public Accounts Committee (PAC), saying the Parliament cannot review
judges' conduct. The court, in its letter, told the committee that only the
president can decide upon the court's consultative ambit. Judges' conduct
also covers judiciary's administrative and financial matters, it added.
The PAC, during the chairmanship of Chaudhry Nisar, had sent a
letter to the SC asking for the audit report. The NA body, under the
instructions of present Chairman Nadeem Afzal Chan made the letter public
it received recently that had been issued by the SC's Full Court. The letter
also stated that according to various constitutional provisions the PAC
cannot summon any official of the superior judiciary including the registrar.
NAB constituted a five member JIT to probe into Arsalan-Riaz case.
JIT is headed by NABs DG Financial Crimes Investigation Wing (FCIW).
In its first meeting held at NAB HQs with DG FCIW in chair, the committee
has decided to procure all relevant material from the concerned quarters
within a week to proceed ahead. It is further decided that after the
procurement of this material the committee would analyze the procured
material.
Submitting a miscellaneous application in Bahria Town land grab
case, Malik Riaz has alleged that lower judiciary is attempting to prevent
him from pursuing the Chief Justices son Arsalan Iftikhar case before
NABs inquiry team. He requested the apex court that till the finalization of
contempt of court case and inquiry regarding Arsalan Iftikhars case, no
harassment be made against him and his family and not to be arrested him in
any case, so that transparent inquiry may be conducted and full right of
adducing the evidence be given to him.
He further submitted that Lahore High Court Rawalpidi bench had
also dismissed his petition without hearing his counsel. o in this way,
principle of natural justice was violated. Justice hurried amounts to Justice
buried. He said that due to un-called for harassment and his false
implication in different cases, his health was deteriorating day-by-day
putting his life at risk.
Next day, the counsel for Malik Riaz, while challenging the accuracy
of the transcript of the news conference available on the judicial record,
demanded that it should be verified in the shape of an affidavit. He argued
that the Supreme Court registrar, who put up the note pertaining to press
1175

conference before the chief justice, was required to be present in person for
the purpose of cross-examination. Similarly, the people, who made the video
and transcribed the same, had to submit affidavits, he added.
Referring Order 27 Rule 7 of the Supreme Court Rules 1980, the
counsel requested the court to consider the case on the basis of expediency
and propriety, instead of strictly following the law; otherwise, it would
have harmful effects. Justice Ejaz questioned should the case be hushed up
and swept under the carpet, as it would have horrible consequences, to
which Basit replied that it was better to hush up and sweep it under the
carpet for the dignity and prestige of the court. However, Justice Shakirullah
cautioned him, saying, The manner you are addressing the court is not
appropriate, and ordered him to refrain from cynicism and threatening tone.
During the proceedings, Malik Riaz submitted an unqualified and
unconditional apology for ridiculing the judiciary in his June 12 press
conference and requested the bench to withdraw the show-cause notice
against him. Malik Riaz, in the statement, said he had spoken in a state of
deep depression and anguish, as he was under intense emotional stress and
he spoke extempore. Dr Basit argued that his client did not blackmail anyone
but the chief justices son had blackmailed him.
He said the chief justice was a great wall against the corruption and a
dynamic force against the corrupt people, adding the CJP should continue
his mission. Dr Basit concluded his preliminary arguments as Ashraf Gujar,
another petitioner, in this matter will start his arguments July 5.
President Zardari on the advice of the Prime Minister summoned
Senate session on Monday, the July 9, 2012, at 05:30 pm to meet in the
Parliament building Islamabad. The President has also summoned National
Assembly session on Friday, July 6, 2012, at 11:00 am.
To protect parliamentary membership of their fellows and avoid
contempt proceedings, the federal cabinet approved amendment bills
pertaining to dual citizenship and contempt of court laws. The Supreme
Court is hearing a case against dual citizenships of the parliamentarians and
has already suspended memberships of several lawmakers.
During the meeting, a member from a coalition partner of the PPP
voiced dissent as he viewed that a dual national could not be loyal to two
countries at the same time. There could be a conflict of interest when
having two countries nationality, he argued, but his views were not given
weight. The federal cabinet also approved the Contempt of Court Bill, 2012
for introduction in either house of the Parliament for debate and early
1176

approval. This bill seeks to enlarge the scope of the right to appeal against a
court decision.
On 5th July, the Supreme Court turned down Malik Riazs request to
adjourn the hearing who had said his counsel could not come due to ill
health. However, accepting the plea of tycoons AOR for ample time to
prepare rebuttal to the petitioners allegations, the court adjourned the case
until 12th July.
Advocate on Record (AOR) of Riaz informed the court that Dr Abdul
Basit, counsel for the respondent, could not appear before the court because
he was unwell so the hearing should be postponed. But Justice Shakirullah
Jan, who is heading the bench, said Dr Basit had already argued at length
and was reluctant to appear. He said there was no need of Dr Basit today
and directed the AOR to take notes in his absence. The court ordered the
petitioners start arguments.
Ashraf Gujjar, former president of Islamabad High Court, said Malik
Riaz has scandalized the judiciary. He said that real estate magnates written
statement and the content of his press conference contradict each other. In
the press conference Riaz claimed that the chief justice met him in the
darkness of night (which created doubts in the public mind), but in the court
statement he says that the meetings were for the restoration of judges. He
prayed to the court to examine all the affairs of Malik Riaz.
Another petitioner, Mushtaq Muhal said Malik Riaz has committed
civil as well as judicial contempt. He said there was no irregularity or
illegality in the sou moto taken by Chief Justice Iftikhar Muhammad
Chaudhry against Riaz over his ridiculing the Supreme Court judges. He
also said that contempt case against the respondent was rightly made out as
he had intentionally scandalized the court. He demanded framing of
contempt charges against the tycoon.
AOR Raja Abdul Ghafoor prayed that ample time should be given to
rebut the charges leveled by the petitioners. Justice Shakirullah agreeing
with the AOR adjourned the case until July 12. He said in case of nonavailability of the learned counsel in the next hearing the AOR would
address the court in rejoinder/rebuttal.
President Zardari said the dream of a genuine democratic order in
which the principle of trichotomy of powers is respected and in which no
institution of the state trespasses in the domain of other institutions is yet to
be fully realized. President Zardari, in a message on the occasion of July 5
said the day would be remembered in Pakistans history as the darkest day.
1177

On this day a dictator driven by his self-serving and delusory motives


attempted to seal the fate of a progressive and a moderate society by
deposing a constitutionally and directly elected prime minister.
Pakistan Tehreek e Insaf (PTI) noticed with great concern the attempt
by the ruling regime to change the contempt of court law. In a written
statement, Chairman PTI said this entire package sabotages rule of the law
by trying to weaken judiciary. According to him, the problem for this ruling
cabal has been to avoid accountability for their misdeeds in power. Towards
this objective, a number of steps were taken. One, no effective
accountability law was allowed to be passed in the parliament, two a
sustained campaign was initiated to undermine the National Accountability
Bureau and third, it was stuffed with handpicked nominees. The only
institution standing in front of the robber baron tactics of the Zardari regime,
said Imran Khan, is the Judiciary particularly the Supreme Court.
Next day, a meeting of coalition partners was held at the Presidency
late night to discuss the strategy about the legislation on the dual nationality
issue and to address the concerns of some of the coalition partners on the
subject. The meeting was given a detailed briefing by Farooq H Naek on the
dual nationality bill, on which the ANP PML-F came up with a clear no
about the support to the PPP-led government. President Zardari succeeded to
some extend to calm down these estranged coalition partners, but even then
they did not come out clear to extend support to the PPP on the matter.
The coalition partners were also briefed on the law to be enacted to
bring changes in the existing contempt of court law, which according to
them was presently inadequate to provide fair trial to the accused. All the
coalition partners were with government over the draft bill of contempt of
court law 2012, which is also to be tabled before the house for approval. As
the enactment of this law will require just a simple majority, it would be
quite easy for the government to get it through from both the houses with
ease.
President Zardari expressed his annoyance over the way some of the
coalition partners had opposed the draft bill on dual nationality in public and
questioned that why all they were not taken into confidence, before getting
the bill approved from the federal cabinet. Actually, the coalition partners
were not taken into confidence over the issue and the draft bill,
recommending that the dual nationality holder could become member
Parliament without renouncing his second nationality.

1178

The reaction of ANP and PML-F on the dual nationality bill was
actually their resentment over the decisions taken by the PPP in the recent
past and the doling out of so many perks and privileges. Political analysts
were of the view that this unexpected move on part of ANP and PML-F had
pushed the ruling coalition in a real trouble, as it was already in an extremely
difficult position to get this piece of legislation through from the Parliament
even with all the coalition partners fully on board.
On 7th July, the Supreme Court formed a larger bench to hear NRO
implementation case on July 12 the deadline for the new PM to tell if he
would ask Swiss authorities to reopen graft cases against the president and
others. The five-member larger bench will be headed by Justice Asif Saeed
Khosa.

Taming the military: On 5th July, the Supreme Court on Thursday


observed that in view of the existing legislations, it could not touch the law
under which the Adiala Jail missing prisoners had been kept in the
internment centre. However, the judges ordered Attorney General Irfan
Qadir appear in person during next hearing and assist the court in the case
involving important legal points. The court ordered the chief secretary and
home secretary of Khyber Pk to ensure better health facilities to the two
prisoners, Abdul Basit and Abdul Malik, who should be shifted at a
reputable hospital as done in case of other inmates.
The chief justice observed if they would pass any order then it would
be said that the apex court had traveled beyond its jurisdiction. He, therefore,
asked Tariq Asad (prisoners counsel) to quote some judgments and give
references under which the SC jurisdiction could be expanded to the tribal
areas of PATA and FATA. Tariq Asad contended that the agencies first kept
the missing prisoners, released from Adiala Jail, in illegal custody for 18
months and then shifted them to an interment centre. He told the court that
they had filed an application before the internment authority but it was
rejected. He said the agencies were prosecuting the missing prisoners of
Adiala jail according to the Military Act which was against the existing
laws. Later, the hearing was adjourned for two weeks.

Provincial disharmony: On 4th July, vowing to continue the fight


for power, Chief Minister Shahbaz Sharif said that the load shedding
problem is bigger than terrorism. Calling the PPP stepmother he said:
Islamabad treats Punjab as stepchild over the issue of power share. Its share
is being given to Karachi. My party will not tolerate such injustice.

1179

YDAs and Punjab: On 2nd July, at least ten patients died in


different public hospitals across the Punjab as young doctors left patients
unattended at indoor and emergency wards following a crackdown on their
leadership in Lahore last night. The YDA (young doctors association)
continued its strike and young doctors stayed away from the hospitals but
the patients got some breathing space as they began getting medical
attention after 13 days break due to emergency arrangements made by the
government.
The Punjab government, determined not to be blackmailed by the
association, successfully managed available resources to bring some
normalcy at healthcare facilities in the province. Doctors from the army,
social security and those working on contract and ad hoc basis assisted
senior doctors and consultants to manage affairs at outdoor patients
department and emergency wards amid elaborate security arrangements.
The army had provided 1,500 doctors on the request of the Punjab
government who started work at different hospitals of the province. The
army doctors, who arrived in army busses, at different hospitals of Lahore
were welcome with claps by the patients and their attendants.
Rana Sanaullah, who visited Mayo Hospital and Jinnah Hospital, told
the media that more than 2,000 new doctors would be inducted within a day
or two. He also informed that in some hospitals young doctors have started
reporting for duty, which was a healthy sign. But the provincial government
has requested the army for more doctors, which indicated the trouble being
faced by the authorities.
PMA (Pakistan medical association) and MTA (medical teachers
association) jumped in to mediate between the government and the young
doctors. The MTA held a meeting with Special Assistant to Punjab CM on
Health to resolve the outstanding issues and restore normalcy on permanent
basis. The MTA asked the government to release arrested doctors within 24
hours to create conducive environment for talks.
PMA leader Dr Abrar Ashraf announced to launch 2 hours protest at
hospitals on daily basis. He said that the PMA would hoist black flag against
arrest of doctors which he said was worst form of terrorism. But Rana
Sanaullah said the striking doctors do not deserve any sympathy, adding that
those who leave patients in critical condition do not even deserve to be
called doctors.

1180

Reacting on the arrest of the doctors, patients and their attendants said
it was essential to arrest them and teach them a lesson that they should
honour the oath they have taken for serving the ailing humanity. They said
that the government tried its level best to convince the doctors for 14 days
but their demands kept increasing. They said that the striking doctors even
rejected the appeals from their teachers and senior doctors.
Next day, both the Punjab government and the protesting Young
Doctors Association (YDA) stuck to their guns over the issue of salary
package. For the past 14 days, the YDA has been on strike to press for their
demands, adding to patients woes. The Punjab government has acquired the
services of doctors from the Army Medical Corps. The government has also
issued recruitment notification of 454 WMOs and posted them to different
hospitals of the province.
On 4th July, Punjab government claimed an agreement has been
reached to end strike by young doctors, but YDA rejected the government
claim. Meanwhile, in a bid to lessen the miseries of the patients at Allied
Hospitals (AHs), a total of 50 new doctors were recruited in three teaching
hospitals by the Punjab government on ad hoc basis on.
On 6th July, Lahore High Court ordered all striking doctors to return to
their duties in emergency wards from Saturday 9a.m. YDA announced to end
strike immediately in the emergency wards of government hospitals, while
the doctors would continue to observe strike in the OPDs and Indoor
Department. The doctors have not withdrawal the demand for service
structure.
Next day, the LHC heard the case involving petitions against the strike
and for cancellation of young doctors licenses for allegedly committing
professional misconduct. During the hearing, the court said that like the
police and the armed services, doctors should also be provided with a proper
service structure.
The doctors counsel, Raja Zulqarnain, told the court that in spite of
court directives, the Punjab government was harassing the doctors. In its
reply submitted to the court, the Punjab government said that the doctors
were issued notices under the Punjab Employees, Efficiency and Discipline
Act of 2006 (PEDA Act).
The court said that on the issues of suspension, dismissal and other
notices, both the doctors and the provincial government should exhibit
goodwill. It said both parties would be provided ample time to resolve the
issues. No individual or institution would be permitted to act in violation of
1181

the law and the Constitution, the court added. The LHC also constituted a
committee to resolve the issues between the provincial government and the
YDA.

Baloch militancy: On 2nd July, Prime Minister Raja said that


despite financial constraints his government will make sure that public
welfare programmes of Balochistan are adequately funded. He was chairing
a meeting on Balochistan at PMs Secretariat which reviewed progress on
Aghaz-e-Haqooq-e-Balochistan, development projects and law and order
situation in the province.
The PM directed the law minister to hold an exclusive meeting on
missing persons issue on July 3 which would be attended by federal
secretaries of defence, interior and law; Balochistan chief secretary; IG FC
(frontier constabulary); IB DG; ISI head in Balochistan; and Balochistan
IGP. Meanwhile, Balochistan Levies man was killed and another wounded in
a firing incident in Jiwa intersection in Surab area of Kalat district.
Next day, three people were killed in two separate incidents of firing
in Harnai and Quetta. On 4th July, a security man was killed and another
wounded when their vehicle hit a landmine in Maat Mumdrani area of Sui in
Dera Bugti district. Three people, including a director of Local Government,
were gunned down in Kuchlak. The assailants fled from the scene after
committing the crime.
On 5th July, a man was gunned down in Quetta while two people,
including a manager of a motorcycle company were kidnapped from Hub
town of Balochistan. Quetta police claimed to have rounded up three alleged
target killers of banned Lashkare-i-Mehdi. The accused have confessed of
targeting 7 Sunni scholars and they are professional target killers, police
stated, adding, that alleged target killers belonged to Dera Ismail area of
KPK.
Next day, at least 18 people, who were illegally traveling to Iran, were
reportedly killed and two others wounded when unidentified armed men
attacked them with sophisticated weapons in Kech district near Pak-Iran
border. Most of the victims belonged to Punjab. Balochistan Chief Minister
took notice of the incident and sought report on vans plying illegally near
the Iran border.
On 7th July, armed men kidnapped eight coalminers in Sourang mining
field. Coalmine workers were asleep when armed men in two vehicles
appeared on the site and bundled all workers into their vehicles and fled to

1182

an undisclosed location. Next day, FC and other law enforcement agencies


carried out a pre-dawn operation in Dasht and its adjacent areas and
recovered District Health Officer Mastung was kidnapped by gunmen on
June 3. Four people were killed in exchange of fire while some other sources
put the death toll at 6. Meanwhile, at least four people, including a woman
and a sub- inspector were killed and two children wounded in separate
incidents of firing in different towns of Balochistan.

Turf war in Karachi: On 2nd July, targeted killings claimed at


least four more lives including an employee of KESC and an activist of
MQM in different areas of Karachi. Meanwhile, two alleged members of
TTP and a gangster were arrested during separate raids. Next day, at least
five people including two workers of the PPP and a policeman were gunned
down in a spate of target killings in different parts of the metropolis.
On 4th July, five more people were killed in incidents of violence.
Next day, activists of banned outfit Sipah-e-Sahaba and MQM-H were shot
dead in the wave of target killing in the metropolis while in another incident,
police found a dead body of a youth from Garden area. On 6 th July, at least
eight persons were killed and several others injured in separate incidents of
violence in different localities of Karachi. Rangers arrested alleged target
killer and recovered arms from his possession.
Next day, at least eight people, including an official of the Intelligence
Bureau, three workers of Ahle Sunnat Wal Jamaat and an activist of MQMHaqiqi were gunned down in separate acts of violence and target killings in
Karachi. Official of the IB, Syed Qamar Raza, was shot dead in FC area. On
8h July, four people, including two political activists, were killed in the
violence in the metropolis.

VIEWS
Rule of law
Dual nationality issue: Pakistan already has its fair share of fault
lines and divisive factors. We have problematic civil-military relations,
centre-provincial issues, sectarian problem and the phantom of
fundamentalism, to name a few. If we allow those living in Toronto or
London to become our representatives in the Parliament or our ministers, we
would be adding to our problems. Our leaders should not be those with
divided loyalties. We have imported Prime Ministers in the past. Can a
minister, with bulk of his property abroad, focus on his job in Pakistan?
1183

All Pakistanis abroad should have the right to vote in Pakistani


elections provided they keep links with the mother country through property
or visits or remittances. The Election Commission should frame rules in this
regard. This would provide an incentive to remit money back home or pay a
visit. We must respect local rules in the GCC countries and discourage
Pakistan related political activities there.
Dual nationals of Pakistani origin who want to become
parliamentarians or ministers in the mother country must renounce their
other nationality, as is the case in India. They are most welcome to come and
serve Pakistan, but on a one way ticket. Our leadership must be hundred
percent Pakistani. It is also necessary to frame a law that dual nationals
cannot join bureaucracy, civil or military. In case officials acquire it during
service, they must put in their resignation.
The constitutional bar on dual nationals about parliament membership
should stay as it is stipulated in the 1973 constitution, a consensus
document, that was adopted after due deliberation. (Javed Hafiz, TheNation
8th July)

Defiance of judiciary
Sanity must prevail: The ruling coalition, which came to power in
2008, has only become surrounded with one controversy after another during
its tenure. Meanwhile, Pakistan has consequently become surrounded by an
increasingly dysfunctional economy and an ever more controversial political
order.
To make matters worse, ahead of the next parliamentary elections,
which must be held in less than a year from now, the PPP will find itself
surrounded by ever-growing challenges on the streets of Pakistan. Evergrowing public protests on matters ranging from unemployment to
widespread shortage of electricity have only knocked down whatever little
credibility the government had to begin with.
Surrounded by increasingly untenable conditions on the streets of
Pakistan, any ruling structure would have immediately sought to make
amends with an entity as influential as the Supreme Court by accepting the
outcome of court cases, rather than politicizing them or defying them.
As Pakistans ruling politicians clearly position themselves for what
could be a deadlock with the Supreme Court, mainstream Pakistan continues
to suffer.

1184

Pakistans future outlook will just not improve as long as its leaders
continue to tie themselves in tangles with the Supreme Court.
The case against Justice Chaudhrys son must be vigorously pursued
to ensure a transparent investigation. But using that case as a way to tarnish
the image of the judiciary is neither fair, nor in the best interest of the
country. (Editorial, TheNation 3rd July)
The Swiss magistrate and other stories: A recent media report
quoted the new Prime Minister of Pakistan as having produced the
proverbial toad by stating that the President would not bow before a third
class Swiss magistrate. We waited with bated breath in the hope that our
Chief Executive had been misquoted for anything otherwise would have
been nothing less than an insult to one of the best and most lauded judicial
systems in the world
I recently watched an interesting talk show on a private television
channel that focused on popularity surveys carried out by reputed quarters,
including the US based IRI. These surveys showed Imran Khans popularity
graph on the ascent, while the most unpopular person was indicated to be the
President of Pakistan.
The PPP politician appearing as one of the guests on this show
brushed aside the survey as unreliable, but was then put into a difficult
situation, when the host referred to his partys shaheed leadership as having
eulogized the same source as most credible. If we take the results compiled
by IRI as correct, then can we assume that the reduction of fuel prices and
reduction in rampant load shedding as just desperate and, perhaps,
convulsive steps by the ruling party to stay in power?
The nation waits with bated breath to see the final act in the
confrontation between the apex court and the ruling party. One thing is
certain that no PPP Prime Minister will initiate the document that is one of
the causes of this confrontation. What then will be the grand finale in this
game that weakens the nations foundation as each new day dawns? Will it
be fair and transparent elections, and the return to power of a government
with a track record of corruption and misrule or a new face in the corridors
of power, which will bring with it, a message of hope?
If the former happens, then I would deem ourselves to be a nation that
has finally destroyed our Founding Fathers dream in an act of willful
suicide. In case of the other eventuality, if the new face fails to deliver on
accountability, rule of merit and law and good governance, he would be

1185

equally culpable in the sinking of the boat that is rapidly being swamped by
water. (Editorial, TheNation 4th July)
The Constitution is supreme: The detailed judgment of the
Supreme Court, issued on Tuesday, in the case of the Speakers ruling, and
which led to its overturning, and to the Prime Minister ceasing to hold office
once again makes the pointed argument that the Constitution is to be held
supreme, and that all organs will have to obey it. Implicit in this is that one
body would be ultimately responsible for interpreting that Constitution,
something which that Constitution itself must state. The Supreme Court sees
the Constitution as giving it that right, or rather duty, with the corollary that
that is the rule of law which it must uphold. The judgment originally came as
a short order removing Mr Gilani from the membership of the National
Assembly, and thus from the office of Prime Minister. It addresses the
question of sovereignty and supremacy, and why the Supreme Court felt it
could intervene in a matter of eligibility for membership of the House.
The principle of not allowing court decisions in the running of
legislatures is also a constitutional principle, but the judgment also discusses
how the Courts jurisdiction is invoked, both as a matter of fundamental
rights, and under the Courts quo warranto writ jurisdiction. The decision of
the Speaker not to refer the matter to the Chief Election Commissioner
attracted judicial review, because the Constitution itself prescribed the
qualifications for a member. The judgment noted that the specially provided
procedure to check the qualifications of a member, of a reference to the
Speaker, did not preclude the process of going to court. In his note
concurring with the main judgment authored by Chief Justice Iftikhar
Muhammad Chaudhry, Mr Justice Jawad S Khwaja said that in the Pakistani
context, the British concept of parliamentary sovereignty was not relevant. It
should not be forgotten that even now the UK does not have a written
Constitution and where there are written constitutions, parliaments are only
sovereign to the extent that they can amend the Constitution.
The release of the detailed judgment seeks to make clear why the
Supreme Court acted to dismiss the Prime Minister. Judges can speak only
through their judgments, and the judgment is thus a salutary reply to the
perceived criticism of the earlier short decision. Now that it has been issued,
the Supreme Court has made clear its position. In future, however, it is
hoped that such matters will be referred by the Speaker to the desk of the
Election Commission as is the rule for the democratic process to
continue as smoothly as possible and for the Court to be able to devote itself

1186

to the myriad issues which require its attention. (Editorial, TheNation 5 th


July)
Contempt of law: This is vintage PPP: instead of getting its act
together, it ducks and weaves its way out of doing the right thing and finds
shortcuts where the existing reality does not suit its whims. This time round,
in order to extricate the government from the myriad problems it faces
because of the recent judicial decisions, the PPP-led set-up has decided to
abolish the Contempt of Court Ordinance and replace it with new legislation.
On Wednesday, the federal cabinet approved the draft of the Contempt of
Court Bill 2012, which will exempt the president, prime minister, governors
and chief ministers from contempt of court proceedings. The exemption
shall be allowed under Article 248 (1) of the Constitution which reads: The
president, a governor, the prime minister, a federal minister, a minister of
state, the chief minister and a provincial minister shall not be answerable to
any court for the exercise of powers and performance of functions of their
respective offices or for any act done or purported to be done in the exercise
of those powers and performance of those functions.
Changes in laws tend to be necessitated by certain events that may not
have been factored in at the time of their original framing. In this case, the
government is merely reacting to a Supreme Court which will not allow an
incumbent prime minister to disobey its verdict. Given the move to adopt a
bill to provide constitutional protection to top government functionaries, can
we conclude that under the garb of changing the contempt law for the sake
of the procedural ease of the executive, the government is actually trying to
create a supra-political elite that is answerable to none and is above the law
of the land itself? Is that the impression being created? The contempt of
court law, as it reads now, is not only limited to tackling undesirable
behaviour towards the person of judges but is primarily meant to uphold the
law itself and act against those who stand in the way of justice. Article 204
(2) (a) makes it very clear that the court shall have the power to punish any
person who abuses, interferes with, or obstructs the process of the court in
any way or disobeys any order of the court.
Interestingly, the 2012 bill is reminiscent of the changes Nawaz Sharif
introduced as prime minister in 1997 during his clash with then chief justice
Sajjad Ali Shah. However, the one major difference is that while the 1997
changes were aimed at making one man Nawaz Sharif omnipotent and
beyond the pale of the law, in this instance the government is trying to create
an entire cadre of legal untouchables. The essence of democracy is absolute
accountability of the elected leadership. Admittedly, this may be
1187

inconvenient at times, or even downright intrusive in running the affairs of


state, but it is a bare minimum condition for democratic consolidation.
Indeed, sometimes for democracy to survive, it must be saved from the
democrats themselves and for this, systems of accountability must be
buttressed, not undermined. So let this democratic government stand
warned: creating privileged leaders exempt from answerability and free to
hold the law in contempt can only spell disaster for poor democracy itself.
(Editorial, The News 6th July)
Plan to save cronies, target judges with new legislation: The
federal cabinets decision to change the Contempt of Court Law at this stage
is nothing short of declaration of a war against the judiciary, an institution
which is the only ray of hope at a time when the rulers have failed to come
up to peoples expectations.
The cabinet plans to enact a new legislation to give immunity to the
president, the prime minister, chief ministers and ministers from the
contempt proceedings. Once this is done, these people will be free to
criticize the judiciary as mercilessly as possible without fear for any action
against them.
But the immediate objective of the legislation is different. It is to save
Prime Minister Raja Pervaiz Ashraf from any action by the Supreme Court
in case he fails to fulfill his obligations under the NRO case... On July 12,
the prime minister is supposed to inform the apex court about his formal
point of view on the subject. If he refuses to implement the court order, he
should be facing the same consequences which his predecessor Gilani did.
Mr Gilani had been convicted on the contempt charge and disqualified
for any public office for five years. However, this time if the court concluded
that the new prime minister is not going to write the letter, the legal position
will be different from what it was when Gilani was facing the proceedings.
Now the contempt of court will be no offence for Raja Pervaiz Ashraf
because of the new legislation. So he will be facing no conviction. Similarly,
one provision of the proposed law will save the property tycoon from any
action for his allegations against the judiciary made in good faith.
Constitutional experts have a different viewpoint of the subject. A
senior Supreme Court lawyer says that the apex court will not let the prime
minister flout its orders. In case he did, it will not be case of contempt of
court, but violation of the Constitution, which has a severer punishment. In
his opinion, the prime minister will be held responsible for obstruction of
justice...
1188

But this is a moot point. The ruling party is determined to employ all
means to bring the judiciary on the defensive.
It is part of the same strategy that the National Assembly Public
Accounts Committees new chairman has started a campaign against the
judges. A few weeks ago he said a number of judges were members of a club
in Lahore, set up on leased lands, and thats why they are taking action
against those involved in the land scam. Then he came up with the names of
judges who had taken one or two plots from the government.
The same leader praised the famous property developer when he
leveled allegations against the Chief Justice of Pakistan on account of the
activities of the latters son.
Many PPP leaders have repeatedly alleged that the judiciary has a soft
corner for the PML-N leadership and it doesnt take up cases against them.
All this is part of a well-planned strategy. The PPP leaders are determined to
carry it on, no matter what the consequences. (Ashraf Mumtaz, TheNation
6th July)
Reining in judiciary: The federal cabinets approval for introducing
bills in the National Assembly that would allow the holders of dual
nationality to become Members of Parliament and Provincial Assemblies
and exempt certain top functionaries of the state from the purview of the law
on contempt of court may not bear fruit... But, whatever the final outcome, it
is clear that the move would take the acute tension already existing between
the two institutions of the state several notches higher. On both the issues,
the judges have already spoken, though their verdicts, and by attempting to
overturn these verdicts, the government wants to send a strong message to
the judiciary that it would persist in its obdurate defiance.
There can be little disagreement in the opinions of impartial political
analysts that a dual national, enjoying membership of the august houses or
moving up the ladder to hold an official position like the Chief Executive, or
even serving as generals or judges, would not be able to do justice to either
the land of his birth or the adopted country when confronted with a decision
where the interests of one country come into clash with the interests of the
other. Simply put, their loyalty would be divided...
As for the contempt of court the story goes back to December 2009
when the apex court pronounced its judgment on the NRO. As the Zardariled setup did not wish, under any circumstances, to reopen the cases of
money laundering against Mr Zardari, the only course that could save him
was disobedience of the court. The long saga of defiance finally resulted in
1189

the disqualification of Mr Yousuf Raza Gilani and the bill is intended to give
him a cover as well as to the incumbent Prime Minister. And to achieve its
ends, the government is ready to even pervert the very structure of the
Constitution.
Perhaps, the best way out of the crisis is to stop the unseemly
confrontation and go for a fresh mandate from the people. (Editorial,
TheNation 6th July)
The two wrongs: The draft Contempt of Court Bill, 2012, and the
Supreme Courts administrative decision to disallow the Public Accounts
Committee from scrutinizing its expenditure are both wrong for the similar
reasons. There are two foundational notions that underlie the distribution of
power by our Constitution: one, power vested in a public functionary is to be
held and exercised in trust; and two, in exercise of power, including judicial
power, the public functionary is ultimately accountable to the citizens of
Pakistan. The decision of the cabinet to float the new contempt law and the
Supreme Courts decision not to subject its expense to public scrutiny both
violate these twin-notions.
Lets start with the Contempt Bill (which is a badly amended version
of the Contempt of Court Act, 1976) and focus on the big picture. There is at
least one substantive provision and three procedural provisions that merit
comment in todays context. Clause 3(i) of the Contempt Bill states that,
exercise of powers and performance of functions by a public-office holder
of his respective office under Clause (1) of Article 248 of the Constitution
for any act done or purported to be done in exercise of those powers and
performance of those functions shall not amount to contempt of court.
Article 248(1) relates to the protection afforded against judicial
scrutiny to various public-office holders, including the prime minister, in
exercise of power vested in their offices. Now no one exercises any power
under Article 248(1) as this is merely a protection/ouster clause. The prime
minister, for example, exercises powers vested in him under Article 90. So
while, literally speaking, Clause 3(i) of the Contempt Bill might seem
meaningless lets not focus on poor drafting. The idea seems to be that no
official act of the prime minister, such as abiding by a court ruling or
refusing to do so when asked to write a letter to the Swiss authorities, can
qualify as contempt.
On the procedural side, the Contempt Bill does three things: one,
judges who take cognizance of contempt cannot hear the matter (Aitzaz
Ahsans argument in the Gilani contempt case); two, provides an expansive
1190

right to appeal the show-cause, any interim order and a final order in a
contempt matter, before a larger bench comprising all remaining judges of
the Supreme Court; and three, states that the show-cause or order appealed
shall stay suspended till the final disposal of the matter by the larger bench.
What such procedure will do is make contempt proceedings in the Supreme
Court extremely protracted and drag out their outcomes.
The architects of the Contempt Bill know that Article 248(1) is
already part of the Constitution and Yousaf Raza Gilani was convicted
despite it. Incorporating a reference to it within the contempt law doesnt
take the protection mentioned under Article 248 to a higher legal pedestal.
The architects of the Contempt Bill would also know that it is settled law
that the Articles of the Constitution have to be read in a holistic fashion, and
so Article 248 would need to be read together with Article 204 that defines
contempt of court and authorizes the court to punish any person who
commits contempt.
Not to get too legalistic here, but it is also settled law that ouster
clauses are strictly interpreted and any action that is mala fide or illegal is
afforded no protection by the Constitution or the law. So no matter how
many ouster clauses are inserted in the Constitution or the contempt law, if
an action of a public official is mala fide or against the law it would remain
unprotected under Article 248(1) as presently viewed by the courts. And who
under our Constitution decides whether a law (such as the proposed
contempt law) is ultra vires of the Constitution or an action of a public
official is mala fide or illegal? Yes, the court.
When the court can strike down the contempt law for being beyond
the four corners of Constitution or declare that it still doesnt protect the
prime minister if he refuses to uphold court verdicts, why engage in such
useless exercise? Because it will initiate a new debate over whether the new
contempt law is legal or not, and while that matter grinds along, the
government will argue that no show-causes be issued to the new prime
minister if he refuses to write to the Swiss authorities as there is lack of
clarity under which law such notices are to be issued.
There will be a fresh legal debate about the application of this new
law to the prime minister and his actions. The new procedure will ensure
that the eventual outcome lingers. And with all this play well be close to
fresh elections before we know it. If the Supreme Court hastily strikes down
the contempt law and slaps contempt on the new prime minister in line with
the precedent set in the Gilani case, itll strengthen the ruling regimes
1191

narrative that courts are overreaching to create political consequences, they


are anti-PPP and neither respects the mandate of the executive nor that of the
legislature. This helps the PPPs victim-hood mantra, which it desperately
needs to build further amidst dismal performance in government.
The contempt law is a stick not to be used readily, if at all. But at the
core of the wider judiciary-executive debate are two different ideas. One, in
the event of a disagreement between the executive and the court over the
interpretation of the Constitution, the court should back off and let people
decide if they wish to hold the executive accountable. And two, there ought
to be no personal consequences for the highest state functionaries such as the
prime minister if they elect not to abide by court rulings. Both these ideas
are in conflict with the concept of separation of powers and rule of law.
The vagaries of our contemporary politics have made us all
constitutional experts. We can all legitimately have an opinion on the
meaning of the text of the Constitution. And we can also legitimately
disagree with the meaning accorded to the text by the Supreme Court. But if
we choose to act on our interpretation of Constitution, when it is in conflict
with the Supreme Courts interpretation, our actions will rightly qualify as
being illegal. And so if our system of separation of powers is to work, we
will have to agree that the SC will inevitably have the last word on the
meaning of the Constitution.
Public/political accountability cannot be a substitute for legal
accountability and whether or not the public holds its elected leaders to
account through the electoral process should be of no concern to the court.
Part of the criticism of this Supreme Court is that it envisions itself as a
representative institution and a peoples court. A peoples court will
inevitably transform itself from a court of law to a populist adjudicator,
which cannot be acceptable under any constructive notion of rule of law and
judicial independence. Thus, the idea that the court should bear in mind the
representative credentials of an elected public official while applying the law
to him is fundamentally flawed.
The second argument that the prime minister and top state
functionaries ought to be protected from judicial scrutiny is equally
misconceived. Article 90 of our Constitution essentially states that the
executive authority of the federation flows from the office of the prime
minister. Thus, if we interpret Article 248(1) to mean that the prime minister
can never be held personally accountable for his official acts and omissions,
even if deliberate and malicious, we could render dysfunctional our
1192

constitutional system of separation of powers that comes along with checks


and balances. The court might be faltering in some ways. But it isnt wrong
when it says that prime minister is accountable for his official acts. (Babar
Sattar, The News 7th July)
The two wrongs (continued): If all state power is to be held in trust
and exercised as such by the public functionary, and in exercise of such
power the public functionary is accountable to the citizens of Pakistan, can
an exception be created for judicial office holders? Is the nature of the
judicial office so different from other public offices that taxpayers shouldnt
have the right to know how the judiciary expends public funds? In order for
judges to be able to discharge their duties, there must not be even a shadow
of doubt over their probity. Being holders of high office wielding
tremendous power, should judges not voluntarily declare their assets and
land holdings to pre-empt even the suggestion of impropriety?
In case of holders of public office the legal consensus now is that the
public right to information must trump individual officeholders right to
privacy. Is there something peculiar about the judicial office that supports
the need to strike a different balance between the competing rights to
information and privacy? Isnt transparency about the financial dealings of
the court as a whole and judges individually even more crucial in
comparison to executive and legislative offices, as even the insinuation of
impropriety can bring into question the independence, integrity and
neutrality of the judicial organ and undermine the very basis of judicial
authority?
Agreed, there can be technical legal arguments about the scope of
authority of the Public Accounts Committee. We have heard that the
Supreme Court is not part of government and it gets its funds directly from
the Federal Consolidated Fund, and so the PAC has no jurisdiction to
scrutinize the Supreme Courts expenditure. So if the PAC has no authority
in relation to the Supreme Courts expenditure, are the courts accounts
above public scrutiny? Forget the PAC: what about the taxpayers right to
know how public funds have been spent by the Supreme Court? What about
the citizens fundamental right to seek information about the expenditure
incurred by the Supreme Court and the assets of superior court judges?
And in the event that there is no mechanism in law to disclose such
information, should the court not voluntarily disclose such information on its
website to keep the court and its judges above reproach? And what about the
plots? If land is a shared asset of the people of Pakistan, why should it be
1193

arbitrarily distributed amongst high public officials or anyone else they wish
to patronize from amongst lawyers, journalists, etc.? Why should an
overwhelming majority of poor Pakistanis be required to subsidize the
lifestyle of high public office holders who get plots at a fraction of their
actual price? If such subsidy is part of the salary/perks of public office
holders, why not pay cash in a transparent fashion in full view of the
taxpayer?
And where does the prime minister derive the legal authority to
distribute plots amongst judges and generals and journalists on a
discretionary basis? What legal considerations does he bear in mind while
disposing a limited national asset such as land? Who will determine the
legality of a discretionary plot distribution scheme when the judges
themselves are amongst the beneficiaries? The wider question in this debate
is this: do the principles of transparency and accountability and the
requirement to apply discretion in a reasoned and structured manner (that
judges apply to other public office holders in order to prevent abuse of
authority) apply equally when judges are exercising administrative powers
or are beneficiaries of the exercise of executive power?
In 1997 the Supreme Court of India resolved in a full court meeting
that the chief justice and every other judge would make a declaration of
his/her assets in the form of real estate and investments and file it with the
chief justice in order to hold themselves accountable to their peers. In 2005,
India enacted the Right to Information Act pursuant to which citizens could
seek information from a public authority. In 2007 an individual sought from
the Supreme Court of India information related to declaration of assets by
Supreme Court judges under the RTI.
The public information officer at the Supreme Court turned down the
request. The matter went to the Central Information Commission constituted
under the RTI, which upheld the request. The Supreme Courts pubic
information officer challenged the decision of the Central Information
Commission before the Delhi High Court in a matter entitled CPIO Supreme
Court of India v. Subhash Chandra Agarwal. In upholding the right of the
citizen to seek information about the assets of Supreme Court judges, the
Delhi High Court held that the chief justice of India was a public authority
and was obliged to provide to citizens information regarding judges assets
under the RTI.
Quite apart from the extraordinariness of Justice Ravindra Bhat of the
Delhi High Court turning down the protection sought by Indian Supreme
1194

Court justices against public disclosure of their assets under the RTI, his
ruling includes a thought-provoking discussion on the role of the judge in a
constitutional democracy. And there is at least one reference from the ruling
that must be borrowed and reproduced here. Renowned jurist Aharon Barak,
who also served as president of Israels Supreme Court, wrote the following
in The Judge in a Democracy:
As a judge, I do not have a political platform. I am not a political
person. Right and left, religious and secular, rich and poor, man and woman,
disabled and non-disabled, all are equal in my eyes. I will protect the human
dignity of each. I do not aspire to power. I do not seek to rule. I am aware of
the chains that bind me as a judge and as the president of the Supreme Court.
I have repeatedly emphasized the rule of law, and not of the judge. I am
aware of the importance of the other branches of government legislative
and executive which give expression to democracy. Between those two
branches are connecting bridges and checks and balances. I view my office
as a mission. Judging is not a job. It is a way of life. Whenever I enter the
courtroom, I do so with the deep sense that, as I sit at trial, I stand on trial.
There are at least two competing viewpoints held by those who by
their own reckoning believe in the imperative of standing up for an
independent judiciary and rule of law in Pakistan. On the one hand are those
who find that we are living in extraordinary times where the law of the
jungle applies. The only thing standing between Pakistan and its complete
ruin is the Supreme Court. And so any critique of the actions or conduct of
judges at this time will only strengthen the hands of their antagonists who
are plundering the country. Such critique must therefore be avoided for now.
According to this viewpoint the Supreme Court is an agent of change and
the only possible saviour of the people in todays Pakistan and any excesses
that it commits must be overlooked in the larger national interest.
On the other hand, there are those who believe that without a faultless
reputation of impartiality, integrity and poise, and devoid of vertical
institutional depth and ability that would only come from rebuilding the
lower rungs of the judiciary, the Supreme Court could end being perceived
as a political actor within the polity. And the biggest threat to judicial
independence and rule of law wouldnt come from malicious attacks by the
ruling regime but loss of public faith in the court as a neutral arbiter of the
law. The critical reaction of this second group to the non-transparent exercise
of administrative powers by the chief justice, news regarding distribution of
plots amongst judges, and refusal to subject court expenses to public

1195

scrutiny, etc., is not a product of spite but a cry of anguish. (Babar Sattar,
The News 8th July)
An unacceptable act! The newfound public sympathy, popularity in
general public and a long tenure till 2014 bestowed an added confidence to
the Chief Justice to lead the Supreme Court judges into taking notice of
matters of national and legislative importance and human rights and
adjudicate on them. Many of these stepped on the toes of the Executive that
has made the higher judiciary an adversary of the coalition government
particularly that of the PPP, many of whose prominent members face serious
charges of corruption.
This has been dubbed as judicial activism. It certainly is an end to the
status quo that our courts have been accused of since the time of Justice
Munir, who did not allow a durable political system to take roots in the
country. The Supreme Court has been taking up public interest litigation that
is construed as exceeding its authority and interference in the affairs of the
Executive. Conversely, it needs to be done as the coalition government is
weak and has been unable to provide an equitable system. The Executive has
also failed to deliver, to provide security to its citizens or to improve the
economy. The judiciary has provided the public with some feeling of
protection from the violations and excesses of the powerful and the rampant
corruption in higher echelons that have emptied the coffers of the state.
Presently, Pakistan is cornered from all sides. It suffers from poor
governance and apathy of the irresponsible politicians that have ceased to
see beyond their noses and their personal interests. Religious and militant
extremism that is being fought by the West and has been denounced
internationally, including the Muslim nations, is gaining strength in our
country that has become their safe haven. The US is bombarding our tribal
areas in the pursuit of militants and we remain silent spectators. Our country
that was once a leading light in the Islamic world is now internationally
thought of as a failed state. Yet, our rulers are making merry!
These are trying times in which the higher judiciary is the sole ray of
hope that must not disappoint us. They must act with discretion, compassion
and wisdom that is normally associated with them and is expected of them.
(Khurshid Akhtar Khan, TheNation 9th July)

YDAs and Punjab


Doctors strike: Police action against protesting doctors is well
underway after failure of talks with the Punjab government. A number of

1196

patients including infants have died as a result of the strike. In Mayo


Hospital for instance four doctors have been arrested for denying treatment
to an infant that led to his death. With the start of criminal proceedings and
detention of 60 doctors, some of the vacuum has been filled by the Army
doctors. The Health department is also making new recruitments. It is quite
obvious that the doctors adopted a completely unethical way to register their
grievances. They could have earned more listening ears if they had kept
attending to their duties alongside taking to the streets. Patients should not
be left to die merely to pressurize the authorities into announcing a salary
raise. This is quite cruel and goes against the very basic doctrine taught to
the medical community, which is to save a life first and foremost. Leaving
sick people in the lurch belittles all that the noble profession stands for. It is
however sad how things spiraled out of control. The Young Doctors
Association claims that their salary was not raised according to what was
advertised by the Provincial government. If this was the main demand, the
issue should have been settled as it was done about a year back when the
doctors first went up in arms. (Editorial, TheNation 4th July)
Against the oath: Several people have died due to the two-week
doctors strike in Pakistan. These deaths are unwarranted and the doctors
action goes against the oath doctors take when they enter this honourable
profession: to practise medicine ethically and honestly. Doctors are
trained to saves lives, so these deaths are a blot mark on their profession.
The government has taken measures to tackle the problem of
protesting doctors by arresting more than fifty doctors in Punjab according
to news reports. Those who have lost loved ones will think this much too
lenient. But this situation would never have arisen had these doctors
demands been accepted before things took a bad turn, as they do in such
situations. Unfortunately, highly educated people like teachers and skilled
professionals like doctors have to take to the streets to demand an adequate
salary so they can support their families.
And we often see them engaged with the authority, which uses
everything in its power to crush them; no effective steps are taken to meet
their just demands and, more often than not, things get out of hand and lives
are lost, as in the doctors strike.
A doctor may take the Hippocratic Oath to serve humanity, but unless
his/her own family is comfortable and they have enough incentives to slog
the long hours of their duties, they cannot perform to their best ability. It is
not humanly possible, except for rare cases like that of Mother Teresa and
1197

Abdul Sattar Edhi, to selflessly serve humanity without expecting something


in return
Time and again we have seen the government mess up when it tackles
problems like the doctors strike, and only made matters worse. And once
again the government has erred in calling in army doctors to solve the
problem.
This is a wrong step and it seems as if the matter is being swept under
the rug instead of being resolved. The government may still be able to solve
this problem which has needlessly arisen and take quick measures to fulfill
the doctors legitimate demands revise their salary structure and streamline
the system of promotion so that these doctors can return to work
immediately and no more patients die because they were not attended to.
In this way the doctors and politicians can both honour the oaths they
took before entering their respective professions. (Lubna Jerar Naqvi, The
News 4th July)
Doctors strike: Now that the Lahore High Court has directed the
striking doctors to resume full duty at emergency wards as well as the indoor
and outdoor departmentsPunjab government should not place any hurdles
in the way of doctors wishing to resume duty, not just because it would thus
avoid contempt proceedings, but because it wants doctors treating patients,
and wants the strike to end in all its forms. It should not be forgotten that this
strike started because of the registration of a case against doctors, and
escalated because of the arrest of several doctors. The government should
also work for the removal of the doctors grievances, which is the most longlasting solution. The way things have been for the past nearly three weeks,
nobody is happy. Patients have suffered on account of inattention and for no
fault of theirs. The lives of some could have been saved had they been able
to receive the required treatment on time. On the other hand, the doctors
remained without their grievances met. The government is faced with a
choice between shelling out a lot of money, which it does not want to do,
and having hospitals which do not treat patients, which also it does not want,
especially in this election year. However, it must fulfill its commitments.
The best course would be for representatives of both the parties to sit across
the negotiating table and amicably settle their differences. The stakes are too
high and demand that any possibility of another showdown is precluded.
(Editorial, TheNation 8th July)

1198

REVIEW
When the two dons met in London, the don living in exile asked the
resident don for legislation to protect the interests of the parliamentarians
holding dual nationalities. Dons always act with speed when their interests
converge; though they are good at peaceful co-existence even when their
interests clash.
The resident don welcomed the proposal and promised to enact
necessary law at the earliest possible. A few days later, cabinet of the
successor of the Saint approved draft bill in a meeting, but the Scoundrel
(resident don) made a clever move by also getting another draft bill
approved. The second bill pertained to amending the existing contempt of
court law and aimed at paving way for unhindered ridicule of the Judiciary.
The parliamentarians, according to the Constitution are competent to
legislate, happen to be the ones who violate countrys laws the most. The
law-makers tend to become law-breakers at slightest temptation, have now
decided to focus more on making such laws which suit their interests so that
they need not break them for fulfillment of their unlawful ambitions which
they nourish in abundance after having been elected.
Babar Sattar in his column wrote about two draft bills passed by the
federal cabinet under the caption of The Two Wrongs. Sattar being a lawabiding citizen with profound knowledge of jurisprudence used refined
language to discuss the two impending immoral acts of the Scoundrel.
The Scoundrel in occupation of the Presidency does not believe in
committing wrongs and counting them too. Zardari firmly believes that one
should commit so many wrongs and with frequent repetition that people
should lose sense of differentiating between right and wrong. In that sense
he is a Herman Goring of our times.
Zardari has already ensured the foreign support through resumption of
NATO supplies, but he is presently facing problems to complete the numbers
in Parliament. ANP and PML-F, the two components of the coalition
government have opposed dual nationality bill. ANP claims that it is
opposing on principle, but the reality is that it is because Altaf Hussain had
prompted that. Nevertheless, it would be matter of only a few days when
Zardari would win hearts and minds of his Pashtun brothers.
9th July, 2012

1199

IN THE REGION-XI
The humiliation to which Zardari and by virtue of that Pakistan
was subjected when he went to attend Chicago Summit played significant
role in pushing the rulers in Islamabad on back foot on their just stand as
prescribed in resolution passed by the Parliament. The US and NATO
maintained the pressure to keep civil and military leaders in Islamabad and
Rawalpindi on the defensive.
CIA intensified the drone attacks, US lawmakers completely choked
the flow of dollars including those due since long and NATO kept sending
emissaries to pass concealed threats and American officials visited New
Delhi and Kabul to hurl the open ones. These moves were reinforced with
cross-border incursions both by Afghan troops and TTP militants that have
been provided safe heavens in Kunar Province.
Finally, the US lawmakers threatened to declare Haqqani Network and
Lashkar-e-Taiba as terrorist outfits. This threat softened up the Pakistan
Army and thereafter everything in Pakistani camp crumbled like nine pins.
Civil and military leaders bowed before their foreign masters and pledged to
serve them on whatever terms they dictate.

NEWS
Pakistan: On 18th June, Chief of the Army Staff said that the
Pakistan Army doesnt want to fight with its own people but it was
compelled to launch operation against terrorists in Waziristan. The COAS
1200

visited the area and inaugurated Sainkai Ragi Zai Cadet College. He also
reviewed security situation and ongoing developmental works in South
Waziristan Agency. Kayani said Army has started as many as 121 uplift
projects in Malakand Division and FATA.
Sherry Rehman urged Washington to stay away from coercive
diplomacy through the media, as she reiterated Islamabads demand for an
apology over the Salala attack and an end to drone attacks to move the
bilateral relations forward. Speaking at a conference organized by the
Pakistani-American Congress she said, this is the least the US can do.
Next day, a tribal elder was killed and his nephew sustained injuries
when a planted device exploded close to them in Chaharmang area of Bajaur
Agency. On 20th June, at least 10 militants were killed and number of others
wounded in gunship helicopters shelling in Dwa Toai, Sara vela areas of
tehsil Jamrud in Khyber Agency. Meanwhile, a day earlier militants opened
fire on a gunship helicopter which was on routine patrolling. As a result, a
soldier was injured and the chopper was partially damaged in the incident.
A French militant described as an al-Qaeda leader linked to the 9/11
attacks has been captured in Pakistan, experts and a Pakistani official said.
Naamen Meziche was detained after disclosures by Younis al-Mauritani,
apparently tasked by Osama bin Laden to plot attacks on Australia, Europe
and the US and captured in Pakistan last year.
On 21st June, at least five persons were killed and 24 others including
seven children and 11 women were injured when a power bomb exploded in
Hazar Khawani area of Peshawar. Rescue sources said the pressure cooker
bomb was planted in a handcart which was parked near Panj Pirano Ziarat.
At the time of blast, a large numbers of male and female devotees were
present near the graves of old Sufi saints.
The United States has stepped up its pressure on Islamabad with a
stern call to do more to get rid of the so-called safe havens inside the
country. Hillary Clinton said the US has made it clear to Pakistan that days
are over for hedging its bets on militant groups like Haqqani network, the
Afghan Taliban or the LeT against India. She also renewed call to Pakistan
for the immediate release of Dr Shakil Afridi.
The captured French Qaeda man was probably on his way to Somalia
when he was caught, one Pakistani security official told AFP on condition
of anonymity. The official said it was difficult to know exactly what route
Meziche was taking on the day of his arrest. Pakistani agents were

1201

interrogating Meziche and information was being shared with American,


French and German agencies.
Next day, 17 militants surrendered to the security forces in Charmang
area of Tehsil Nawagi of Bajaur Agency. In a ceremony attended by senior
civil and army officials, tribal elders, the militants took oath on the Holy
Quran, saying that in future they would live in peace.
The security forces repulsed an attack by miscreants from
Afghanistans Kunar province on a check post in Upper Dir, killing five
militants. A soldier also embraced martyrdom in the attack. Reportedly, a
group of militants, who had fled Malakand Division and went into hiding in
Afghanistan fired shots and rockets at a checkpoint.
Leon Panetta all but ruled out an apology over an air strike last year
that killed 24 Pakistani soldiers and badly set back efforts to improve USPakistani ties, saying it was time to move on. If we keep going back to the
past, if we keep beating up each other based on past differences, well never
get anywhere, he said.
US diplomats working in Pakistan face increasing harassment amid a
sharp deterioration in ties in the wake of last years killing of Osama bin
Laden, a State Department report said. Such harassment and obstruction is
described by US embassy staff as deliberate, willful and systematic
according to the 76-report by the departments watchdog, the office of
inspector general. Pakistan said all the diplomats duly notified by their
respective embassies were being extended full privileges in accordance with
the Vienna Conventions.
On 24th June, Afghan militants ambushed the Pakistani convoy in
Upper Dir, near Afghan border, killing at least six soldiers, while several
others were also reported missing after the attack. The security forces
retaliated and killed 11 Afghan militants. Rehman Malik lodged a protest
with Afghan government, maintaining that the authorities in Kabul were not
taking any steps to stop the cross-border attacks. He ordered Interior
Secretary to contact his Afghan counterpart on this issue. Meanwhile,
Cameron Munter called on Malik and the two held a meeting in a very
cordial atmosphere.
Next day, the death toll in clashes in Upper Dir sparked by an ambush
of Pakistan military convoy mounted; so far 14 militants and 13 military
men have been killed. Six soldiers were killed during the clashes and seven
of them were found beheaded, while four were still missing.

1202

Pakistan lodged a protest with NATO and Afghan forces, accusing


them of failing to act against militant safe havens in Afghanistan. The
Foreign Ministry said the deputy head of Afghan mission was called to the
Foreign Office and a strong protest was lodged on the intrusion of militants
from the Afghan side into Pakistani territory. The NATO-led International
Security Assistance Force in Afghanistan said it was aware of the report, but
had no information.
On 26th June, at least six militants belonging were killed and three
wounded in drone attack in North Waziristan. The unmanned aircraft fired
two missiles on a compound in the Shawal area. All those killed were
fighters linked with local warlord Hafiz Gul Bahadur, who is allied with
Afghan Taliban and is accused of fighting US-led troops across the border.
Security forces camp in Miranshah was targeted with two missiles by
militants. In retaliation, the forces destroyed several hideouts of the
militants. A barrage of cross-border artillery and rockets from Pakistan
forced thousands of Afghan villagers to flee their homes. The shelling was
reported in eastern Kunar province after Pakistan accused Afghanistan of
giving safe haven to militants who infiltrated the border to kill 13 Pakistani
soldiers.
Peshawar High Court declared the report of missing persons presented
by Special Secretary Home unsatisfactory. Alamgir Shah told the court
around 1,000 missing persons have been released and around 895 missing
persons were shifted to Special centers in Malakand while a board was set
up which visited the center. Upon which Chief Justice remarked that the
court want to end the hearing of the case on today but it seems that you were
not taking the matter seriously. The CJ ordered the Secretary to present the
record of missing persons in the court who were released and to remove the
cases against them.
Next day, General Allen arrived in Rawalpindi and met General
Kayani and largely discussed the deadlock over the restoration of NATO
supplies as well as recurrence of cross-border incursions from Afghan side.
The talks remained inconclusive, following reiteration from Pakistani side of
demand for a formal apology from Washington over last years Salala
incident.
Gen Allen informed Gen Kayani of having launched an investigation
into the Dir skirmishes, to be probed by ISAFs internal intelligence.
Besides, the visitor is said to have formally assured his Pakistani counterpart
that military offensive against miscreants in Kunar and Nuristan province
1203

would be scaled up with relevant updates to be shared with Pakistan


regularly.
The bullet-riddled bodies of an anti-Taliban militia commander and
three of his associates were dumped near Peshawars Dalazak Square.
Rivalries developed between Taliban and Faheem Khan in November 2009
when militants attacked his Hujra; however, the private guards of antiTaliban militia leader of Bazidkhel foiled the attack and killed three masked
militants in the attack near his Hujra.
On 28th June, a remote-controlled bomb blast killed nine soldiers
including a captain and wounded three others while two more people were
killed in another incident in Bara tehsil of Khyber Agency. In the first
incident, security forces vehicle hit an IED planted by militants on roadside
near in Bara Market.
Security forces deployed on the border in Upper Dir foiled another
attempt by Afghan militants to stage cross-border attack and killed at least
eight of them, besides injuring many others. Militants are believed to be
belonging to the fugitive Maulana Fazlullah group that has safe heaven in
Kunar province of Afghanistan.
Several days later, the fighters released a video of what they said were
the heads of 17 ambushed soldiers, along with their identification cards.
Laid across a white sheet, they were a chilling reminder of the major
security threat the man once known as FM Mullah still poses to Pakistan,
three years after the army pushed him out of the Swat Valley.
Nowadays, Fazlullahs men control a 20-km stretch of the rugged and
largely un-patrolled border with Pakistan from areas in Afghanistans
forbidding Nuristan province, described by nearby US troops as the dark
side of the moon. From there, Fazlullah plots cross-border raids that dont
kill many soldiers but agitate Pakistans military, which thought it had
defeated him during a Swat offensive in 2009.
His activities in the border area, described by US President Barack
Obama as the worlds most dangerous place, could complicate efforts to
stabilize the region before most foreign combat troops leave Afghanistan by
the end of 2014. Fazlullah is a distraction for Pakistans military, which is
also fighting Hakimullah Mehsud, the leader of the Pakistan Taliban
umbrella group blamed for many of the suicide bombings across the country.
Afghan Ambassador called on Hina Rabbani Khar. She informed the
Ambassador that the Prime Minister of Pakistan had accepted the invitation
1204

of President Karzai and was expected to visit Kabul in the near future. She
also informed that she would lead the Pakistan delegation to the Tokyo
Conference on Afghanistan being held on 8 th July. During the meeting, the
two sides also discussed issues related to border management especially in
the backdrop of the recent intrusion in Dir area by militants from the Afghan
side.
Pakistan Permanent Representative to the United Nations, Abdullah
Haroon, told the UN Security Council that his countrys restraint in
reacting to the recent killings and beheading of Pakistani soldiers in a crossborder raid from Afghanistan should not be taken for granted. Participating
in the Security Council debate on Afghanistan Haroon said, preventing
recurrence of such incidents is absolutely imperative and safe havens in
Afghanistan must be dissuaded.
Pakistan and the US expressed optimism about their future
relationship just a day after ISAF commander Gen Allen met with Gen
Kayani in Rawalpindi. Islamabad said resumption of NATO supplies was
also in its own interest, noting positive development in talks with US over
the issue of an apology over Salala check post attack.
Three Republican chairmen in the US House introduced legislation
calling on the Obama Administration to designate the Pakistan-based
Haqqani network a foreign terrorist organization. The Haqqanis are
responsible for killing hundreds of our troops, and their indiscriminate
attacks have also murdered countless innocent Afghan men, women, and
children, they said.
The Pakistan Embassy raised with the US State Department the matter
of Awami Muslim League leader Sheikh Rashid Ahmed's detention at
Houston Airport where he landed. Sheikh Rashid was questioned by
immigration authorities on arrival and was cleared after a few hours.
Notables from Pakistani expatriates living in Houston, including gave
Sheikh Rashid a warm welcome when he came out of the airport.
Next day, four militants were killed in retaliatory firing of FC while
three FC personnel sustained injuries when their check post in Dhand area
near Hangu came under attack of the militants. Later, an operation was
launched by the FC personnel in the area in which heavy machine guns and
other weapons were also recovered from different hideouts.
Five bullet-riddled bodies of civilians were recovered in the Karigar
Gari area of Bara in Khyber Agency. Security forces killed at least six
militants after they crossed the Pak-Afghan border and attacked a check post
1205

at Karkay in Upper Dir. The militants loyal to Fazlullah, concentrated in


Kunar and Nuristan provinces of Afghanistan have been launching attacks
for the last few days.
Pakistan Army termed the recent meeting of its top commander with
ISAFs chief constructive that discussed current operational realities.
According to a joint statement from ISPR and ISAF, the purpose of the
meeting was to build on the positive momentum established during last
months meeting of the Afghanistan-Pakistan-ISAF Tripartite Commission.
Pakistans financial bodies are set to bear the brunt of the strict US
law on Iran sanctions which came into force, as the country was not granted
the necessary waiver extended so far to India and 19 other countries. In
another move to attack the financial underpinnings of Taliban, the US
slapped sanctions on two money exchange networks in Pakistan and
Afghanistan for alleged terrorist financing.
Peshawar High Court Chief Justice remarked that the issue of drone
strikes should be raised at an international forum. He passed the observation
while hearing a case pertaining to a March 17 drone attack on a petition was
filed by the victims families. During the proceedings, the chief justice asked
why the Parliament's resolution regarding drone strikes was not being
implemented. The resolution had called for a stop to US drone attacks within
Pakistani territory.
On 30th June, at least two persons including a woman were killed
when a mortar shell fired from unknown location landed at a house in
Khaisur area, near Wana. Locals said that the militants wanted to hit the
security forces but the shell missed the target. No group has claimed
responsibility for the incident.
Panetta said Pakistan too has been a victim of terrorism and cited the
recent killing of 17 Pakistani soldiers by the TTP militants. He added
Haqqani network is a common enemy, of the US and Pakistan that both
countries have to work together to deal. It is in the interest of Islamabad to
take action against the Haqqani network, he said.
Next day, a drone missile struck a house in the Shawal Valley where
militants were reported to be hiding in the North Waziristan near the Afghan
border. Eight militants were killed and several of those killed were loyal to
Hafiz Gul Bahadur, a top militant leader in North Waziristan.
Spokesman Mullah Mansoor of TTP was killed in a clash with the
security forces in Upper Dir. Mansoor was among 34 militants who were
1206

killed in fighting with security forces in Upper Dir two days back. Official
sources have also confirmed the death of Mansoor, who belonged to Khaal
area of Dir.
For second time in less than a week, ISAF Commander John Allen
landed in Pakistan to help break impasse on restoration of NATO supplies as
the two sides finally reached at an agreement. Gen Allen landed at the
Chaklala Airbase and drove straight to GHQ in Rawalpindi where he had a
brief meeting with Gen Kayani. Later at night, he along with Deputy
Secretary of State Thomas R Nides and Cameron Munter held a meeting
with Hina Rabbani Khar, Abdul Hafeez Shaikh and Army Chief Gen Kayani.
In that meeting the two sides took to finalizing the nitty-gritty of a proposed
agreement for reopening of the NATO supplies and other contentious
matters between the two states.
As per the agreement, the US would come up with something near
apology on Salala check post attack. Also, the US would announce
immediate release of payments under CSF (coalition support fund), placed
under bar after the standoff following Salala episode. The issue of charges to
be paid by NATO to Pakistan for using countrys communication
infrastructure was also settled downward from what Pakistan had demanded
$5000 per container to around $1000. The US has given assurance to
Pakistan that it would compensate the country in some other way, for
instance, assistance for social sector development.
On 2nd July, up to 60 Afghan soldiers crossed into Pakistani territory in
Upper Kurram sparking clashes that killed two tribesmen. It was the latest in
a series of escalating cross-border attacks that are inflaming tensions along
the border as NATO. The clashes lasted for more than 90 minutes.
The tentative understanding reached between the United States and
Pakistan on restoration of the NATO ground lines of communication through
Pakistan and other related matters will be tabled before the Defence
Committee of the Cabinet on July 3, with a strong likelihood that it would
get affirmative nod of the committee.
As a follow up session of last nights meeting between the two sides,
Federal Minister for Finance afternoon held another meeting with US
Deputy Secretary of State Thomas R Nides at US Embassy, which lasted for
well over two hours. The meeting mainly focused on the release of Coalition
Support Fund (CSF) and the US diplomat had assured Shaikh that the first
tranche of US$ 400 would be released soon after the resumption of the
NATO supply, with another tranche of equal amount to be released later.
1207

Meanwhile in another development, Pakistans Ambassador to US


Sherry Rehman also landed in the federal capital night and would be giving
her reflection on the matter and the views of the people in Washington in a
briefing to the DCC. Both Federal Minister for Foreign Affairs and Federal
Minister for Finance held a meeting with Prime Minister and briefed him on
the tentative agreement they reached with the visiting US team lead by ISAF
Commander.
The US was reluctant to come up with an apology but now they would
be ready to offer deep regrets for the mishaps would not reoccur in future
from the top political leadership of the United States. the downward
adjustment for the container tariff to be paid by the United States to Pakistan
was also finalized while the matter of security provision to the NATO
containers in Pakistani territory still needed to be settled as Pakistan wanted
extra money for the same whereas the US was reluctant to dole out extra
funds under this head.
Meanwhile Foreign Office spokesman on Monday informed that there
have been significant developments in the NATO supply talks between
Pakistan and the US but a final decision had not been reached in the
meeting. Ms Khar will brief President Zardari on the meeting and take him
into confidence, the spokesman said. He hoped that both the sides would be
able to resolve confronting issues to normalize bilateral relations.
Imran Khan called for linking the reopening of NATO supply routes
with the announcement of withdrawal of foreign troops from Afghanistan.
Pakistan should not open the supply routes if it is aimed to transport
weapons of destruction. Resumption of supply routes will be harmless if
they (the US) announce to give an end to the on-going war in Afghanistan,
but it will be unwarranted otherwise, Imran stated this while addressing a
news conference.
Taking notice of the US secret agencies alleged activities at a bombproof building constructed for the officials of American Consulate at
Jamaluddin Afghani Road in Peshawar Town, the administration has started
demolishing the structure. Sources said eight buildings were hired to be used
as residence by US Consulate officials in University Town area.
These buildings were protected by constructing fences around them
besides joining each building with other with more construction. Sources
further said for the last one week, these buildings are apparently in use of
American Consulate, but actually these are being used for covert activities of
US secret services. All these buildings have more than 50 rooms and a main
1208

gate has been installed at each building for entry into these buildings. As a
security measure, bomb-proof fence has been constructed around these
buildings.
Peshawar administration has demolished this fence declaring it an
encroachment in the area. The administration will take any further step after
thoroughly inspecting these structures. A principal of a private school said
Americans had also contacted him for hiring his building on rent. They
offered me 8 lac monthly as rent and Rs10 million as advance, but I refused
to give them my house as rent, he added.
Next day, the Defence Committee of the Cabinet (DCC) announced
restoration of ground lines of communication for NATO/ISAF supplies
through Pakistan in tandem with a tacitly worded apology from the US over
the Salala episode. Reading out the decisions taken by the political and
military leadership of the country, Qamar Zaman Kaira insisted that Hillary
Clinton had tendered a formal apology, whereas the Secretarys exact words
implied that the US felt sorry for the Salala incident and that they would
ensure that such incidents would not happen again.
The DCCs decision seemed falling short of the recommendations of
the Parliamentary Committee on National Security and on face of it none of
the demands from the Government of Pakistan was met, including the muchtalked about transit fee charges and immediate cessation of drone attacks
within the Pakistani territory. However, in coming days details of the
understanding reached between the two sides would emerge and were
expected to paint a rosy picture for Pakistan being compensated in shape of
increased cooperation on existing and pending projects.
The DCC also decided that no lethal cargo will go into Afghanistan
except equipment for Afghan National Security Forces, essential for
ensuring peace and stability in Afghanistan. It reaffirmed that it will
continue to be guided by the recommendations of the Parliament in future as
well.
The DCC stressed that it was in Pakistans interest to support the
transition and the peace and reconciliation process in Afghanistan as
NATO/ISAF forces draw down by 2014. To enable a smooth transition in
Afghanistan it was essential for the military drawdown at a lower cost and
through an efficient transit facility. The DCC further noted, In view of our
larger objective of peace and stability in Afghanistan and the region and also
our cooperative relations with the 50 member states of NATO/ISAF,

1209

Pakistan wanted to facilitate the transition process and help enable


Afghanistans national institutions to exercise full sovereignty
Hillary Clinton, who was informed about the reopening of the supply
routes during her telephonic conversation with Hina Rabbani Khar, said, I
once again reiterated our deepest regrets for the tragic incident in Salala last
November. I offered our sincere condolences to the families of the Pakistani
soldiers who lost their lives. Foreign Minister Khar and I acknowledged the
mistakes that resulted in the loss of Pakistani military lives. We are
committed to working closely with Pakistan and Afghanistan to prevent this
from ever happening again.
AFP added: The United States will release about $1.1 billion to
Pakistans military as part of a deal that will see Islamabad lift a blockade on
NATO supply convoys into Afghanistan. The money, from a US coalition
support fund designed to reimburse Pakistan for the cost of counterinsurgency operations, had been withheld due to tensions between the two
countries and Islamabads closure of the supply routes.
Defense Secretary Panetta welcomed Pakistans decision. With
Pakistan agreeing to end its seven-month blockade, border crossings
between Pakistan and Afghanistan are expected to open almost immediately,
said Pentagon spokesman Capt John Kirby. We were very clear after the
incident about what happened, Kirby said. None of this today changes the
statement we made.
General John Allen welcomed Pakistans decision to reopen NATO
supply lines into Afghanistan after a seven-month blockade. He made the
remarks in a statement that also paid tribute to the sacrifices made by
Pakistani, as well as Afghan and NATO troops. The statement made no
mention of an apology.
Severely strained ties between the United States and Pakistan are
poised to improve after the two countries agreed on Tuesday to reopen
ground routes key for the war in Afghanistan, Pakistans ambassador to the
United States said. We appreciate Secretary Clintons statement, and hope
that bilateral ties can move to a better place from here. I am confident that
both countries can agree on many critical issues, especially on bringing
peace to the region, Sherry said.
Taliban threatened to attack NATO supply trucks and kill its drivers if
they tried to resume supplies to troops in Afghanistan. We will not allow
anyone to use Pakistani soil to transport supplies that will be used against
the Afghan people, the groups spokesman told Reuters by telephone.
1210

NATO truckers said they feared more attacks and demanded security
guarantees before the resumption of the supply routes.
Leaders of religious parties and PTI while expressing concern over the
reopening of the NATO supply route have warned the government of their
strong opposition against the decision with the support of the entire nation.
The JI chief, Syed Munawar Hasan expressed grave concern over the
reopening of the NATO supplies and said that the nation would never
support this decision.
PTI central spokesman has said that Imran Khan and his supporters
would oppose any move to extend Pakistans assistance to the US. He said
that Pakistan would get nothing by supporting the US once again like the
past. The Defence of Pakistan Council (DPC) chief, Hafiz Muhammad
Saeed said it would re-launch its agitation movement against the rulers for
compromising on vital national interests and honour before the US.
Other leaders of DPC component parties Maulana Abdul Qadir
Rupari, Abdul Rehman Makki, JUI-S leader Abdul Qadir Loni, Maulana
Ameer Hamza and others said restoring supplies to NATO was no
humanitarian issue but massacre of Muslims. They said that the rulers and
politicians who restored NATO supplies were now equal partners of Western
allied forces new massacres and under the present circumstances the national
defence was now the duty of every person of the country. Hameed Gul
termed the possible reopening of NATO supplies as humiliation for country
and vowed to continue protest over the issue.
On 4th July, the cabinet endorsed the decision of resumption of NATO
supplies through Pakistan that were blocked after a NATO air strike at the
Salala check post. The cabinet also issued directives to Adviser to PM on
Interior Affairs to ensure proper security to supply trucks and installations.
US will have to respect Pakistans sovereignty in order to further our
relationship that is enduring, strategic and carefully defined for peace and
security in the region, said the prime minister while chairing the meeting.
Qamar Zaman Kaira said that US apology over Salala attack should
not be taken as defeat or victory of either side. He was answering a volley of
questions during a media briefing after cabinet meeting. Kaira said that
Pakistan could not afford negative attitude towards the international
community. Kaira said that Pakistan neither means to beat drums by making
the US apologize over raid nor it wanted Washington to rub its nose over
cross border attack on Pakistani posts.

1211

Hina Rabbani Khar said that the government did not deviate from any
parliamentary resolution by reopening ground supply lines to NATO forces
in Afghanistan. The foreign minister said that the US had formally tendered
an unconditional apology and added that Pakistan had not engaged in any
secret deal with the US for reopening the key supply routes.
Imran Khan criticized government for by-passing Parliamentary
resolution to reopen NATO supply routes. Speaking at a press conference,
Khan said no recommendation of the parliament was kept in view while
deciding to reopen ground routes. He said that Parliaments
recommendations, demanding an unconditional apology over Salala raid,
halt in US drone attacks, 5000 dollars fee for per NATO container, assurance
for respect of ground and airspace of Pakistan have been by passed.
Religious parties announced they would hold a long march on July 8
against the governments decision to reopen NATO supply routes. The
decision was announced by Maulana Samiul Haq during a press conference
in Rawalpindi. He said that they would hold an all party meeting to decide
on the finer details of the march on July 7. The Difa-e-Pakistan Council will
observe July 6 as a black day.
He called on the government to resign immediately for this
unacceptable act since the resumption did not reflect a democratic decision
of democratically elected government. Among those present at the
conference were Hafiz Mohammad Saeed, Hafiz Rehman Makki, Sheikh
Rasheed Ahmed, General (retired) Hameed Gul among others.
Munawar Hassan also strongly condemned the restoration of NATO
supplies and said that the rulers had put a seal on the document of their
slavery. Hassan added that while the government had strengthened the
enemies of Islam and Pakistan, the nation would have to rise for its
independence and for the protection of its nuclear weapons.
The decision to restore the NATO supplies has caught the experts with
surprise and censure with unanimity in their views that Islamabad gave into
Washingtons pressure without bargaining for anything having gone its way.
While noted defence analysts/foreign affairs experts believe that the matter
has headed to its eventual outcome, they are categorical in contending that
Pakistan deliberated with the US on a disappointingly weaker note and
ended up losing everything instead of gaining anything.
Meanwhile, a local female worker of a non-governmental organization
was shot dead by unidentified attackers in the Ghundai area of Jamrud. She
was on her way to office when armed assailants riding a motorcycle
1212

intercepted her and opened indiscriminate fire. The killers managed to


escape after committing crime.
On 5th July, Sherry Rehman said the United States apology over
Pakistani losses in Salala incident, followed by Islamabads restoration of its
key land routes for NATO supplies, mark a historic turn towards building
on Pakistan-US relations. Appearing on CNNs Situation Room program, the
Pakistani diplomat also said the revival of supply routes into Afghanistan
without levy of any transit charges underlines her countrys commitment to
peace in its war and insurgency-hit neighbour.
The indication that the US was ready to apologize for the Salala
incident and get the relationship with Pakistan back on track came when
Tom Donilon, a top White House official, showed up at a backyard barbecue
hosted by Pakistani Ambassador Sherry on June 26, according to a report of
the Wall Street Journal.
The Wall Street Journals dispatch pointed out that Ambassador
Rehman shuttled between the State Department and White House following
the NATO summit at Chicago, pressing for the apology, saying it was the
only way to get Islamabad to reopen the alliances supply routes through
Pakistan
to
Afghanistan.
The Obama administrations message to the Pakistani envoy at the time, as
delivered by Deputy Secretary of State Thomas Nides and others, was: It
isnt going to happen.
The shift by the White House was driven by several pressing issues,
US officials said: the mounting cost of using alternative routes, fears the
closures would complicate a US withdrawal from Afghanistan, and by the
Pentagons need for Pakistans cooperation in fighting militants. On June 13,
Leon Panetta told Congress the border closure was costing the Pentagon an
extra $100 million a month. Surprised lawmakers pressed the White House
to reach a compromise.
US officials said the apology by Clinton also helped get the Pakistanis
to drop demands for huge mark ups in NATO payments for each cargo
container transiting Pakistani territory. Officials said the word sorry was
the solution that was acceptable to the Pakistanis. Hillary also dispelled the
impression of a new US aid package for Pakistan in return for allowing
NATO supplies a corridor through its network of roads.
Imran Khan said that NATO supplies to Afghanistan should have been
opened only after the end of drone attacks on the Western border and Tribal

1213

Areas. He was addressing a big public rally at Chowk Gondlanwala. Imran


further said that Parliament had been bypassed, in this respect.
Next day, just a day after first NATO trucks crossed the border into
Afghanistan after a seven-month shutdown; a triple US drone attack on a
compound in North Waziristan killed at least 24 suspected militants. Three
unmanned aircraft fired a total of six missiles on Datta Khel village, near
Miranshah. The initial strike on a house killed 13 militants, five more were
killed in a second attack when they drove to the site to recover dead bodies,
and a third drone killed six more five minutes later.
A Sub-Inspector was killed and four other personnel were injured
when a remote control bomb blast hit police mobile in Dawoodzai area in
the outskirts of Peshawar. A police party was on a routine patrol in the
capital, when it came under attack. Police have launched investigation into
the attack.
Chief of Army Staff visited Panakot, Dir. He was briefed about the
latest situation with particular emphasis on measures being adopted against
the threat posed by miscreants operating from safe havens across the border.
While interacting with officers and men, he praised their high morale and
sense of sacrifice. He also met the local elders and thanked them for their
support, emphasizing the need for enduring partnership between Army and
local population for bringing complete normalcy in the area.
Deputy Chief of Mission for the US Embassy said that there was no
new agreement with Pakistan regarding the reopening of the NATO supply
route. Hoagland said relations were resumed from the point where they had
been left in November last year. He added that the reopening of the supply
route would help eliminate the trust deficit in Pak-US relations.
The Pentagon was preparing to release about $1.1 billion withheld
from Pakistans military after Islamabad agreed to reopen supply routes into
Afghanistan. The withheld dollars are part of the U.S. Coalition Support
Fund to reimburse Pakistan for its support of U.S. counter-insurgency
operations.
Central leader of DPC Maulana Abdul Qadir Loni said that restoration
of NATO supplies by the government was a cowardly act. Addressing a
press conference in Quetta, he said that rulers disappointed the people by
taking the decision of restoring NATO supplies from Pakistan. He said the
DPC would announce its future course of action on Sunday.

1214

Rehman Malik said that provincial IGs would be responsible for the
security of NATO containers. Talking to media persons he said that
government took in principle decision to re-open NATO supply routes and it
would ensure implementation of the decision. He warned the DPC to refrain
from taking law into their hands and said that no compromise could be made
on law and order issue.
On 7th July, at least eight security personnel were killed and five
others injured in a clash with extremists and a roof collapse incident.
According to details, militants attacked a convoy of security forces while it
was passing through Tehsil Tiyarza of South Waziristan Agency. Four
security personnel were killed in the attack and three others sustained
injuries. In another incident, the roof of a security forces bunker located in
the Shakai area of NWA caved in as the area received heavy rain the
previous night. As a result, four personnel were killed while two others
sustained serious wounds.
Miscreants gunned down pro-government tribal chief Malik Abdul
Wazah Khan in Buggan area of Parachinar. After the incident, the political
administration detained 10 people, belonging to Zamadari, on suspicion of
involvement in the murder and started investigation.
At least two personnel of security forces were injured when their
vehicle hit by a landmine in Goin area of Orakzai Agency. The vehicle was
on way to Mashti Mela when the incident took place. Meanwhile, unknown
persons fired six missiles from Kalaya area, however no casualties were
reported.
Cameron Munter lauded the reopening of NATO supply routes by
Pakistan but added Washingtons concerns on Pak-Iran gas pipeline still
persist. Speaking to reporters at Balochistans coastal city of Gaddani on
Saturday, Munter said the whole world is praising Pakistan for its decision to
unblock NATO supply. He said Pakistan is an important country for the
United States and it wants to help Islamabad to address the energy and other
issues.
DPC Chairman Maulana Samiul Haq invited Chiefs all political
parties to attend long march. All Parties Conference (APC) was held against
the reopening of Nato Supply routes in Lahore, where Maulana Samiul Haq,
Sheikh Rasheed Ahmed, Munawar Hassan, Ijazul Haq and Hafiz Saeed
among various leaders were present. The DPC also called PPP, PML-N,
MQM, PTI and JUI-F but they all refused to be a part of the conference.

1215

Addressing a press conference following the meeting, Maulana


Samiul Haq said that DPCs long march will be launched from Nasir Bagh
on Sunday 10AM which will reach Islamabad on Monday. The DPCs
chairman said that NATO supply is against the countrys interest, adding that
it will increase militancy in the country. He asked those living near the
NATO routes should also come out on the roads to join the protest. He added
that the protest movement will be peaceful.
Next day, an SHO was killed and two cops sustained injuries in
exchange of fire between a police party and militants near Kohat. The
exchange of firing took place at Kohat Highway in which one militant was
also killed while others managed to flee. Police beefed up security at the
entry and exit points of the city.
Two militants were killed and eight others got injured after security
forces and Mohmand Qaumi Lashkar repulsed a cross border attack in the
Kagga area of Mohmand tehsil in Bajaur Agency. a group of militants from
across the border entered the Pakistani territory and attacked with heavy
weapons; however, no causalities have reported from the Laskhar side.
At least 14 people were killed and several others injured in a landmine
blast in remote border area of Chaman near Pak-Afghan boundary-post; the
blast occurred in Toba Achakzai area when a passenger vehicle hit by
landmine planted by unidentified miscreants. Seven injured were shifted to
Chaman Hospital.
Thousands of activists from an alliance of religious parties streamed
toward Islamabad from Lahore in a massive convoy of vehicles to protest
the government's decision to reopen supply line for US and NATO troops
fighting in Afghanistan. The demonstration was organized by the Difah-ePakistan Council, or Defense of Pakistan, a group of politicians and
religious leaders who have been the most vocal opponents of reopening of
the supply line.
The convoy included about 200 vehicles carrying some 8,000 people
when it left Lahore. Once they complete the journey to Islamabad, they plan
to hold a protest in front of the parliament building. By coming out on the
streets, the Pakistani nation has shown its hatred for America, one of the
Difah-e-Pakistan leaders, Maulana Samiul Haq, said in a speech on the
outskirts of Lahore.
Supporters showered him with rose petals as he rode through Lahore
in the back of a truck with other Difah-e-Pakistan leaders, including Hafiz
Saeed, chief of Jamaat-ud-Dawa; Hamid Gul, and Syed Munawar Hasan.
1216

Many demonstrators rode on the tops of buses, waving party flags and
shouting slogans against the US and NATO.
Rehman Malik said that federal government will provide complete
security to the participants of Long March and facilitate them because they
do not belong to the army of an enemy country but are patriotic Pakistanis
and have right to register their protest. He however warned the members of
the banned organizations not to dare enter Islamabad otherwise they would
be arrested.
Hillary Clinton said that the United States and Pakistan are putting
past tensions behind them to focus on the future, after meeting with her
Pakistani counterpart in Tokyo. It was their first face-to-face meeting since
the two countries last week struck a deal to re-open key supply routes into
Afghanistan. Obviously there's a lot of follow-up work that has to be done.
I've said a number of times that is a challenging and interesting relationship
and it remains so, Clinton said. But she warned the relationship was likely
to remain rocky at times.

Afghanistan: On 18th June, an improvised bomb killed four


policemen and two civilians in an Afghan town where hundreds of French
troops have been deployed to fight Taliban rebels. The explosion was set off
by remote control and also killed the police commander's son, two of his
guards and two civilians.
Next day, eleven Taliban attackers struck two Afghan and NATO
bases in Kandahar province, while a NATO soldier was also killed in the
troubled south. Seven insurgents stormed a base in Shah Wali Kot district
sparking a 30-minute gun battle that left all the attackers dead, but no
coalition soldiers were killed.
Hours later, four gunmen wearing police uniforms struck a police and
NATO base in Kandahar city, triggering a firefight in which four officers and
the attackers were killed; nine police were also wounded. ISAF said one of
its soldiers died following another insurgent attack in southern Afghanistan,
but did not give details of the incident or its location. Meanwhile, a Taliban
roadside bombing killed eight civilians, including women and children, in
the province of Helmand.
On 20th June, a Taliban suicide bomber on a motorbike rammed an
Afghan-NATO patrol in the town of Khost, killing 21 people, including three
NATO soldiers. Another 37 people were wounded in the blast in the town
close to the border with Pakistan. It was the second major attack on NATO

1217

in Khost in three weeks. In southern Afghanistan, a roadside bomb attack


killed at least six civilians, including women and children traveling on a
tractor in Puli Alam, the capital of Logar province.
Five people arrested by Afghan National Security Forces (ANSF)
along with a truck laden with 10-tonne explosive material on April 15 from a
checkpoint near Pul-e-Charkhi of Kabul have links with Afghanistans
National Directorate of Security (NDS), investigative reports revealed.
On 21st June, Afghan President warned that attacks against local
police and soldiers were increasing as they prepare to take responsibility for
security when NATO combat troops leave in 2014. Karzai was speaking to a
special session of parliament a day after a Taliban suicide attack on a joint
Afghan-US patrol that killed 21 people in the east, close to Pakistani border,
including three US soldiers.
Next day, Elite Afghan police backed by NATO forces ended a 12hour siege at a popular hotel outside Kabul, leaving at least 23 dead after
Taliban gunmen stormed the lakeside building, bursting into a party and
seizing dozens of hostages. The night-time assault on the hotel with rocketpropelled grenades, suicide vests and machine guns again proved how potent
the insurgency remains after a decade of war.
Terrified guests jumped into the lake in the darkness to escape the
carnage. Up to 300 people had been inside the hotel when the attack began.
At least 15 civilians, two hotel guards and a policeman were killed in the
gun battle at the Spozhmai hotel, overlooking Qargha Lake. Five attackers
were also killed. The attack was claimed by the Afghan Taliban.
The US commander of NATO troops in Afghanistan accused the
Haqqani network of orchestrating the attack. Afghan national security
forces and coalition military sources acknowledge that this attack bears the
signature of the Haqqani network, which continues to target and kill
innocent Afghans and blatantly violate Afghan sovereignty from the safety
of Pakistan, Allen said.
Allen said he had been extremely impressed with the Afghan
response. There should be little doubt about their ability and capability to
protect the Afghan people in the years ahead, he said. He condemned the
unspeakably brutal attack on civilians and paid tribute to the security
guards and law enforcement officers who died in order to protect women
and children.

1218

The Taliban told AFP that the hotel was attacked because of wild
parties, drinking and prostitution every Thursday. Spokesman Zabihullah
Mujahid accused foreign diplomats, and members of the US-led NATO
mission and the Kabul government of attending the hotels Thursday
gatherings. Qargha Lake lies around 10 kilometres from central Kabul.
On 23rd June, an improvised bomb exploded at a music market in the
eastern city of Jalalabad, leaving two people dead and four people were
wounded. On 25th June, six police officers were killed when a roadside bomb
hit a police patrol vehicle in Chora district of Uruzgan Province. The Taliban
claimed the responsibility. An Italian soldier was killed and two others were
wounded in an explosion at a police training camp in Adraskan in western
Afghanistan.
On 27th June, roadside bombs and an ambush killed at least 10 Afghan
policemen over the past 24 hours in Afghanistan. Four policemen were
killed in Musa Qala district of Helmand when a roadside bomb they were
trying to defuse exploded. Another roadside blast killed two policemen and
wounded two others in Kunduz province. In Herat province a militants
ambush killed four policemen.
On 30th June, four children were killed and one wounded in Kandahar
Province when unexploded shell they were playing with blew up. According
to a recent UN report, child casualties from Afghan conflicts rose by over a
quarter last year with an average of nearly five children killed or injured
every day in 2011.
Next day, a Taliban roadside bomb tore through a bus on a highway in
southern Afghanistan, killing five passengers, including women and children
and injuring 11 others. There was no claim of responsibility for the bombing
in the province of Ghazni but officials blamed the Taliban.
On 2nd July, an Afghan policeman shot dead three British soldiers at a
checkpoint in Helmand Province. A fourth British soldier was also injured,
provincial governor spokesman Daoud Ahmadi said of the attack, which
could further erode trust between NATO and the Afghan forces they train
before most foreign combat troops leave. The soldiers were serving with
Afghan police and were killed after a meeting. The assailant was injured and
detained.
Next day, it was reported that Afghan and NATO-led forces killed as
many as 82 Taliban in seven provinces within a 24-hour period. The Interior
Ministry said in a statement eight insurgents were injured and four others
detained during the raids in Kabul, Jawzjan, Kandahar, Uruzgan, Wardak,
1219

Logar and Ghazni provinces. More than 1,500 insurgents have been killed
and more than 1,950 others detained since the beginning of the year by joint
forces. Meanwhile, an Australian Special Forces soldier was killed in
Uruzgan Province two days ago.
On 4th July, a man in Afghan army uniform opened fire on NATO
soldiers at a military base near Kabul, wounding five. The militants claimed
the latest attack, with Zabihullah Mujahed saying the gunman was an
infiltrator an insurgent who enrolled to later attack from within. But
many attacks are attributed to cultural differences and antagonism between
the allied forces.
On 7th July, bomb blasts and a rocket attack killed 11 civilians
including at least four children in southern Afghanistan. A roadside bomb
ripped through a pickup truck in Uruzgan Province killing six people and a
bomb exploded in the Gereshk district of Helmand Province, killing one
child and wounding another. A rocket attack targeting the governors office
in the southwestern province of Farah killed one civilian and wounded 26
others.
Obama Administration placed Afghanistan in the same category of its
friends as Pakistan a major non-NATO ally of the United States, the White
House said. Afghanistan becomes the 15th such country the US has declared
a major non-NATO ally. : Clinton announced the move during a brief visit to
Kabul where she had a breakfast meeting with President Hamid Karzai.
Clintons visit to Kabul was a three-and-a-half hour stopover on her
way to a major conference in Tokyo in which Afghanistan is set to seek
billions of dollars in civilian aid. Clinton said she was pleased to be meeting
the foreign ministers of Afghanistan and Pakistan together in Tokyo a
three-way relationship seen as key to stabilizing Afghanistan. Karzai has
called for some $4 billion a year in civilian aid for Afghanistan to be pledged
during the conference.
Next day, eight Nato troops, including six Americans, were killed in
attacks in Afghanistan. Six NATO service members were killed in a roadside
bomb attack in eastern Afghanistan. Another two NATO soldiers were killed
by a roadside bomb and insurgents in separate attacks over the past two days
in the south.
Donor nations pledged $16 billion for Afghanistan to prevent the
country from sliding back into turmoil when foreign combat troops depart,
but called on Kabul to implement reforms to fight graft. A statement at the
closing of a conference in Tokyo confirmed donors would stump up $16
1220

billion in civilian aid through 2015, with several pre-conditions including a


clampdown on corruption. Afghan President was in the Japanese capital
along with Hillary Clinton and UN Secretary General for talks focused on
the so-called transformation decade after the NATO drawdown.
Afghanistan covers only a third of the $6 billion it spends each year,
not counting security costs, and has for a long time been heavily dependent
on aid. There are fears that once the US and its allies no longer have to
worry about their soldiers dying in Afghanistan after the 2014 pullout, the
country could be left to drift into the hands of drug lords and extremists. The
deal calls for a monitoring mechanism, and follow-up ministerial meetings
every two years, to ensure Afghanistan was on the right track with respect to
holding democratic elections, fighting corruption and promoting human
rights.
Karzai acknowledged security remained a major problem.
Afghanistan continues to face grave risks from common threats, not only
terrorism and extremism. The peace and reconciliation process is of
particular urgency at the present time, he told the meeting. (The)
responsibility to make Afghanistan peaceful and self-reliant is primarily our
own as Afghans. We will remain steadfast in our commitment in this historic
partnership.

Iran: On 26th June, Iran urged the European Union to reconsider an


embargo on Iranian oil that comes into effect on July 1, saying it wanted
engagement and not confrontation with the bloc. EU governments on 26 th
June formally approved the embargo, dismissing calls by debt-ridden Greece
for exemptions to help ease its economic crisis.
Next day, to ensure that the Iran-Pakistan (IP) gas pipeline project
does not remain a dream, Russia agreed to provide financial and technical
assistance for the multi-billion dollar venture to help Pakistan overcome the
worsening energy crisis. The second meeting of Pak-Russia joint working
group on energy was held in Moscow where Petroleum Secretary
represented the Pakistani side, while the Russian delegation was led by
Deputy Minister for Energy Yuru Sentyurin.
On 30th June, advisor for Petroleum and Natural Resources Dr Asim
Hussain declared that Pakistan would not be affected by US sanctions on
Iran as it stopped importing crude oil from neighbouring country following
the sanctions. However, officials in Foreign Office and Finance Ministry
were of the view that the US law was very complicated, therefore, it was not

1221

easy to ascertain that either Pakistani banks would bear the brunt of the US
sanctions or not.
Pakistan had been buying 65,000 tonnes crude oil a month from Iran
to meet the domestic demand, but reliance on crude oil imports from other
countries was enhanced after the UN restrictions. Furthermore, Pakistan is
now even considering importing petroleum products from India. It is worth
mentioning that the Pakistan Refinery Limited (PRL) was the only facility in
the country, which had been refining the heavy Iranian crude oil.
On 30th June, Hafiz Saeed, the founder of Lashkar-e-Taiba which is
blamed by India for the deadly 2008 Mumbai attacks, may have been
present in a Pakistani control room where the attacks were coordinated,
Indian Home Minister said. His remarks were based on interrogation of
Sayed Zabiuddin Ansari, who was arrested in New Delhi on June 21. His
interrogations now prove beyond doubt the existence of such a control
room, Chidambaram said. Such a control room could not have been
established without some kind of a state support.
On 3rd July, Irans Revolutionary Guard fired the medium-range
Shahab-3 missile at a mock target in the Kavir Desert on the second day of
its Great Prophet 7 exercise, Irans Al-Alam television network reported.
The Shahab-3 has a range of up to 2,000 kilometres, which means it is
theoretically able to hit Israel, which is some 1,000 kilometres from Iran.
The United States moved new forces into the Gulf to keep strategic
waterways open and strike deep within Iran in the event of a regional
military escalation. The quiet build-up was aimed at reassuring Israel that
Washington is serious about addressing Irans nuclear programme and
keeping the Straits of Hormuz a key oil choke point open.
Next day, Iran threatened to destroy US military bases across the
Middle East and target Israel within minutes of being attacked, as
Revolutionary Guards extended test-firing of ballistic missiles into a third
day. Israel hinted it may attack Iran if diplomacy fails to secure a halt to its
disputed nuclear energy programme.
Revolutionary Guards commanders have also threatened to block the
Strait of Hormuz, through which more than a third of the worlds seaborne
oil trade passes out of the Gulf, in response to the increasingly harsh
sanctions. Major powers have said they would tolerate no obstruction of
commercial traffic through the Strait, and the United States maintains a
formidable naval presence in the Gulf.

1222

On 5th July, it was reported that Iranian President Mahmoud


Ahmadinejad invited his newly elected Egyptian counterpart, Mohamed
Mursi, to a summit of Non-Aligned Movement nations to be held in Tehran
in late August, his presidency website said. Mursi replied by saying he
hoped' to meet Ahmadinejad in the Tehran summit.
Ahmadinejad last month called for stronger ties between Iran and
Egypt after Mursi's presidential election victory. Diplomatic ties between the
two countries have been cut for the past three decades, following Iran's
Islamic revolution and Egypt's signing in 1980 of a peace pact with Iran's
arch-foe Israel.

India: On 19th June, India and Pakistan wrapped up their two-day


talks on the Sir Creek marshlands without much headway, but agreed on
finding an amicable solution to finalize the land and maritime boundary in
the disputed area. They agreed to hold the next round of the talks on Sir
Creek issue in Pakistan.
On 23rd June, three more bodies were recovered at Gyari bringing the
total tally of the martyrs reclaimed from the snow slide to 15. On 25 th June,
Indian police claimed arresting a key suspect accused of coordinating the
2008 Mumbai terror attacks. Abu Hamza, also known as Sayed Zabiuddin,
an Indian-born member of the Pakistan-based group Lashkar-e-Taiba, was
detained at Delhi international airport on June 21 when he arrived from the
Middle East.
Fire gutted one of the most revered Sufi Muslim shrines in the Indianoccupied Kashmir sparking clashes between police and angry Muslim
protesters. At least six people were hurt in Srinagar when police fired teargas
at stone-throwing protesters enraged over the destruction of the 350-year-old
wooden shrine of Peer Dastageer Sahib, which housed a relic of Sheikh
Abdul Qadir Jeelani, an 11th century Sufi saint. The protesters accused
authorities of inadequate and delayed firefighting.
On 26th June, hours after reports emerged that Pakistan was to free
Indian death row prisoner Sarabjit Singh, the presidential spokesman
clarified that authorities had taken steps for the release of another Indian
prisoner named Surjeet Singh who has been in jail for three decades. Law
Minister Farooq Naek earlier conveyed to the Interior Ministry that Surjeet
Singh had completed his life term in jail and ought to be released and sent
back to India. Any references to President Zardari in the entire matter were
out of context, the presidential spokesman said.

1223

Earlier in the day, the news from the Presidency was that the death
sentence of Sarabjit Singh, an Indian terrorist on death row in Kot Lakhpat
Jail of Lahore for more than two decades for carrying out bomb blasts in
1990, was being freed. Sarabjit Singh, who has been in prison for 22 years,
had been found guilty of spying and carrying out four bomb blasts, which
killed 14 people in Lahore, Multan and Faisalabad in 1990.
With the Indian presidential elections scheduled for July 19 and the
ongoing political churn in Pakistan, External Affairs Minister SM Krishnas
visit to Islamabad, which was planned for mid-July, is now expected to take
place towards August-end. However, the foreign secretaries of India and
Pakistan will stick to their planned engagement and hold talks here July 4-5.
India refused to provide Pakistan data about water level in its dams
and expected rains. This spelled grave danger for Pakistan in the wake of
approaching monsoon season and resultant floods. Under the circumstances
it would become even more difficult for the Pakistani authorities to take
flood-management measures.
Next day, Indias home minister said Abu Hamza had provided
information confirming Pakistani state support for the deadly assault.
Chidambaram, speaking to reporters in the Indian southern state of Kerala,
said police interrogation of Hamza had confirmed Indian accusations that
Pakistani state actors were also involved. Rehman Malik reacted sharply,
stating, each time India has accused the ISI of involvement in a terror
attack, it has been proved wrong. Malik said Indias charges against the ISI
were baseless and added Hazma is Indian. India is failing to control its
citizens.
To a question, Malik said all the procedural formalities were being
completed on the directions of the Interior Ministry for the release of Indian
prisoner Surjeet Singh within next 24 hours. Indian Foreign Minister
welcomed the release of Surjeet Singh and demanded Pakistan to release
Sarabjit Singh on immediate basis.
On 28th June, Surjeet Singh along with 315 fishermen was handed
over to Indian authorities at Wagah border. He spent more than 30 years in
jail in Pakistan for spying and as soon as he crossed into India he confessed
to his crime, saying he was an agent of RAW. He said that he had been sent
to Pakistan to spy for Indian army. He also complained that no one from
Indian government had bothered about him after he had been arrested.
On 2nd July, Pakistan and India exchanged lists of prisoners in each
others custody under the agreement on consular access signed between the
1224

two countries on May 21, 2008. Under this agreement both countries are
required to exchange lists of prisoners in each others custody twice a year,
on January 1 and July 1.
On 4th July, three more bodies were recovered from Gyari sector, the
site of buried soldiers and defence personnel, ISPR said. The number of the
recovered bodies has now reached 22 of the total 139 (including civilian
defence officials) who went missing.
Next day, Pakistan rejected renewed Indian charges that Pakistani
state actors were involved in planning and coordinating the 2008 Mumbai
attacks and offered a joint probe. Foreign Secretary Jalil Abbas Jilani told
reporters after two days of talks in New Delhi with his Indian counterpart
Ranjan Mathai.
Speaking after his talks with Jilani, which focused on ways of
reducing mutual distrust, Mathai stressed that bringing those guilty for the
Mumbai carnage to justice would be the biggest confidence-building
measure of all. He said India has handed over information to Pakistan side
about Abu Jandal. The Indian Foreign Secretary said he also agreed to
continue talks on resolving Kashmir issue.
Both sides underlined the importance of greater people to people
contacts and friendly exchanges in building a relationship of trust and
friendship between the two countries. They noted that the text of a revised
bilateral Visa Agreement has already been finalized and decided to work for
its early signing. They emphasized the importance of greater parliamentary
exchanges; promotion of cooperation in various fields including facilitating
visits to Religious Shrines and cessation of hostile propaganda against each
other.
Manmohan Singh tied his visit to Pakistan with tangible results. Singh
said that his side was giving a serious thought to schedule his visit to
Pakistan, but what good such a tour would be if it did not pay off. According
to Indian media, terrorism remains the core issue for India, Pakistan would
like to get a concession from India on the issue of Siachen and Jammu &
Kashmir.
On 7th July, after the Chairman of the Hurriyat Conference (G) Syed
Ali Shah Geelani accused the Indian government of hatching a conspiracy
with Israel in settling Pandits in the valley, chairman of the parallel faction
of the Huriyyat Conference (M) Mirwaiz Umar Farooq expressed concern
over the government encouraging Israeli tourists to visit Held Kashmir.

1225

VIEWS
Pakistan
Candid assessment: For the disgruntled tribesmen of South
Waziristan Agency, COAS General Ashfaq Parvez Kayanis assessment of
the circumstances that led to the military operation may provide little solace.
He conveyed to them that the army was against fighting its countrymen, but
was doing so under a compulsion. What exactly these compulsions are, he
did not see fit to elaborate. The General must understand that once peace is
fully restored, troops should be called back while the civilian state apparatus
is strengthened to assume its responsibilities.
The armys job is to watch over the geographical frontiers of the
country, not to fight its own people. The spillover of the war from
neighbouring Afghanistan badly rocked the tribal agencies. Poverty, lack of
education, Kalashnikov culture, and absence of governments writ all made
it easy for these forces to go about their destructive ways. As of now
according to the army most of the troublemakers and other criminal elements
have been driven out from South Waziristan and an effort is underway to
wean the local population away from the influence of militancy. This is
manifest through setting up of cadet colleges, schools and general
development work. What is a matter of relief is that the locals are being
made to realize that the tribal agencies need nation building work on a warfooting for which they should not hesitate to step forward. Once the
tribesmen understand that the military is not there to stay permanently, the
resentment that takes itself out in the form of backlash against the
government may also die down. Along with these measures, something
would need to be done to repatriate foreigners, many of them Afghan
migrants settled in these agencies but in a way that does not offend them.
It appears the goal of winning over the disgruntled tribal elements is
being pursued, but with how much success, remains to be seen. This is quite
logical as it is in accordance with the changing contours of the Afghan war.
There is no reason why we should not talk to those of our own brethren in
the tribal areas who are willing to submit to the law of the land. (Editorial,
TheNation 20th June)
Laws and sovereignty: The commission was charged with
determining the origin, purpose and authenticity of the memo. Having
found that it was authentic and that it had been authored by Haqqani, the
1226

commission apparently felt that its mandate did not require it to delve into
the matter further and identify the person referred to in the BlackBerry
messages as the boss, commonly understood as a reference to Zardari. The
memo was clearly not a rogue operation but was sent under orders of the
political leadership. The commission did not try to unmask those who gave
those orders.
Despite this, the commission deserves to be complimented for the
thoroughness and boldness with which it pursued its task and the clarity of
its conclusions, in refreshing contrast to the record of most inquiry
committees which end either in a whitewash or in further obfuscation of the
issues they were charged to investigate. The Pakistani public will now judge
the Abbottabad inquiry panel, the mother of all commissions, by the
standards set by the Memogate inquiry.
The Memogate Commission is to be congratulated all the more
because it reached its findings despite the obstructions placed in its path by
the Zardari government and the shenanigans of Haqqani Haqqani and his
legal team have predictably rejected the commissions findings as biased and
one-sided. In an article in The Washington Post, Haqqani writes that his real
crime was that he stood up for US-Pakistan relations. He again protests
that he had nothing to do with writing and sending the memo, but at the
same time maintains that its contents suggesting changes in Pakistans
counterterrorism and nuclear policies [emphasis added] reflect reasonable
views that are in line with global thinking. The article is primarily aimed at
gaining sympathy in Washington in the hope that the US would use its
diplomatic and political clout to save Haqqani from being formally charged
under Pakistani law as a follow-up to the commissions findings.
But Haqqanis support for changes in Pakistans nuclear policy on the
lines suggested in the memo is an important giveaway Besides, Haqqani
has also been complicit in the Zardari governments failure to pursue the
demand for lifting the international embargo on civil nuclear cooperation
with Pakistan. In his speech in Karachi last December, Shah Mahmood
Qureshi warned that Zardari was a threat to our nuclear weapons programme
because he might barter it away for personal benefit. In this connection,
Qureshi recalled that Zardari had overruled instructions sent by the foreign
ministry in August 2008 to our mission in Vienna that during consideration
of the India-US civil nuclear deal by the International Atomic Energy
Agency, our representative should insist on non-discriminatory treatment in
favour of Pakistan. Qureshi should have added that behind Zardaris decision

1227

to cancel the foreign ministrys instructions, there was also the hand of
Haqqani, acting in collaboration with the US State Department.
Another little-known fact about Haqqanis services to Pakistan-US
friendship is that he omitted whether deliberately or due to a failure of
judgment to forewarn Islamabad before Obamas visit to India in
November 2010 that the US president would be announcing support for
Indias being made a permanent member of the UN Security Council.
Although the foreign ministry, the National Assembly and the cabinet
expressed their concern and disappointment at US support for Indias
ambitions, the State Department spokesman said that Pakistan had not
expressed any particular concern. I think they understand what we told
them, he said. Clearly, he was referring to a message that Haqqani had
conveyed to the State Department, which was very different from the
position that the government had taken in Islamabad for domestic
consumption.
Other instances of Haqqanis contributions to strengthening
Pakistans relations with the US are better-known. Among them is his work
with American officials and lawmakers to include provisions in the KerryLugar bill which are inconsistent with Pakistans sovereignty. Even more
damaging to Pakistans security is the wholesale issuance by Haqqani of
visas to CIA personnel and others which has enabled US to set up a vast
intelligence network.
Pakistans tragedy is that those who are powerful or have their
backing get away with impunity far too often, whether it is on charges of
treason, corruption or other serious offences Haqqani has not been
charged yet with any offence for his murky role in the Memogate affair. The
Supreme Court will be hearing the case next week. Even if Haqqani is
prosecuted, the chances of his conviction are slim because the Zardari
government does not want him to be punished.
Besides, Pakistans law is full of loopholes. The Pakistan Penal Code
makes it an offence to wage war against the state; and the Constitution
makes subversion of the Constitution punishable as high treason. Both are
capital offences. But there is no law to punish other acts that undermine the
countrys independence or sovereignty, such as abetting the commission of
these acts by another state. Only some of these acts are covered by the
Official Secrets Act 1923.
Unlike most countries, foreign governments and their agencies, overt
and covert, enjoy complete freedom in Pakistan. It is no wonder then that
1228

Pakistans sovereignty has come to be regarded as an easy target. (Asif


Ezdi, TheNation 20th June)
The imminent reopening: Pakistan, it appears, has reached the
limits of its endurance and the systems can take it no more. A mild apology
on behalf of some mid-level mandarins would be deemed to have served the
purpose in the context of demands that were made by the government of
Pakistan. Some promise of reconstruction of roads, release of coalition
support fund balance and an understanding on higher tax levy per container
would finally bring to an end the saga of closure of routes.
This will not, however, resolve the myriad of complex issues that the
US military presence in Afghanistan has created for Pakistan. US officials
have of late been reiterating their criticism of Pakistan for its inability to
take action against sanctuaries that, for some inexplicable reasons, the US
drones have not been able to hit or destroy. Pressure is going to mount for
more decisive action in the tribal area as well as Balochistan.
There is an internal dimension of the opening of routes. At least some
organizations have threatened attacks on NATO convoys on their way to
Torkham and Chaman from Karachi or any other port The other equally
important factor is the impending US elections. The US president will go an
extra mile reassuring the Congress and the American people that he would
take tough decisions to protect vital US interests. To expect any flexibility
from a compromised US president in an election year would be a folly.
It would follow that not only there would be less emphasis on
reconciliation The stakes are high both for Pakistan and the US in the next
six months at least. One possible way out of this impasse for Pakistan is that
it assumes a leadership role in bringing the US and the resistance to the
negotiating table. This role can be undertaken on the premise that there will
be no place for al-Qaeda or foreign militants in Afghanistan and that Afghan
soil will not be allowed to be used against any other country.
The underlying assumption would be that the US will withdraw all its
troops from Afghanistan within a stipulated period of time. The emphasis
will not be on saving Afghanistans decrepit institutions, its parliament and
its system, but on saving the unity and integrity of the country and bringing
peace.
The regional countries will have a role in obtaining and subsequently
enforcing tangible guarantees with regard to Afghanistans neutrality and its
adherence to a charter that will be incorporated into the governance
institutions of the country. It may seem a tall order. But there is no
1229

alternative to the continuing bloodshed and destruction that will continue if


out of the box solutions are not identified and implemented. (Rustam Shah
Mohmand, The News 20th June)
Do less: Now, you get US Defence Secretary Panetta publicly
scolding Pakistan in, of all places, India someones brilliant idea. Hillary
Clinton has also chimed in during the just concluded Indo-US Strategic
Dialogue in Washington proposing a trilateral engagement between the
US, India, and Afghanistan. It is a recipe for trilateral turbulence, further
aggravating mistrust. It led former US Presidential candidate, Senator John
McCain, to tell PBS-TV that such policies are unnecessarily antagonizing
Pakistan.
Some of the Congressmen urged the Pakistani community in the US
to make a greater outreach to all sectors of US society to shape a positive
narrative about Pakistan. But the challenge here is to motivate and inspire,
particularly the youth. Talent itself is not good enough, unless partnered with
teamwork, and the youth has to make a concerted drive to be more visible
and more vigorous in opinion-moulding professions.
Defeatism can breed inaction. There are signs of disquiet within
Washington about the US posture on Pakistan. According to a Washington
Post column of June 15, drone strikes have already succeeded in making the
United States more hated in Pakistan than IndiaUS policies are becoming
more incoherent.
The time is ripe for an overall review. And also for generating fresh
ideas and trying new medicine. Washington has yet to absorb that so-called
moderates, with little traction among their own public, cannot deliver,
while in Islamabad it shall eventually be learnt the hard way that outside
props are no substitute for sound governance and integrity in leadership.
(Muwahid Hussain Shah, TheNation 21st June)
Resolving Pak-US imbroglio: The American Civil Liberties Union
(ACLU) and the New York Times have filed lawsuits about the use of
drones: The public is entitled to know more about the legal authority the
administration is claiming and the way the administration is using it.
How to explain the continuing lack of concern on the part of our
Parliament, government, the opposition, civil society and, in particular, the
lawyers community about something which impinges on the countrys
sovereignty and which results in the brutal killing of Pakistani citizens
without any warning particularly after the unanimous resolution of
Parliament against such strikes.
1230

It is time that the matter is raised at the United Nations and other
international forums. We have highly qualified legal experts, who I am sure
would be glad to take up the matter nationally and internationally.
As for the government of the day in Islamabad, to expect that it would
raise the issue at the United Nations would be tantamount to ploughing the
sand. All their interests and energies have been and are mostly focused on
grabbing and retaining pelf and power. As of today, the lucky man said to
have been nominated to be our Chief Executive is no other than the one
known as the Rental Raja. What a selection! (Inayatullah, TheNation 23 rd
June)
Optimism for Pak-US ties: According to press reports, both the
Pakistani and American officials sound optimistic about the future of their
relations, eyeing the prospects of resumption of the Nato supply line with
considerable hope. Indications are that the issue is to be settled soon, since
Washington as well as Islamabad regards the restoration of the transit facility
as in their interest. It comes as a surprise to many a Pakistani to know that
Foreign Secretary Jalil Abbas Jilani considers that the passage of goods
through Pakistan will pave the way for foreign troops to withdraw from
Afghanistan. The truth is that ISAF is already using the Central Asian link to
ferry goods and material. Only, it is costing multiple times more than the
Pakistani route, three to five times as much, according to different
calculations
No doubt, one would like to see this hurdle the supply channel issue
to the improvement of relations with the US, the sole superpower of the
day, out of the way as soon as possible. Pentagon Press Secretary George
Littles remark, I think the basis for some kind of an agreement on the
GLOCs is there and is real and we hope that we reach a resolution on it is
a clear indication coming from the US side that only the nuts and bolts are
required to be fitted; the main assembly has already taken place.
For Pakistan, however, it must not only uphold the sanctity of the
Parliaments decision, but also take stock of the expected backlash that the
reopening of the facility would entail. Pakistan is already beset with fiendish
problems like terrorism and law and order situation that has virtually gone
out of hand at certain key places. Controlling the angry reaction to restoring
the channel, reaction that threatens violence, would be an uphill task for the
law enforcement agencies and could be a precursor to unchecked instability.
One should expect, as Foreign Secretary Jilani maintains, that the exit of
foreign forces would bring stability to Afghanistan and the region. But he
1231

should know that it is not going to be a complete withdrawal by 2014; it


would be a drawdown. Even the American policymakers assert that the US is
going to stay for a much longer period and the recent agreement reached
between Washington and Kabul ensures that their stay would not end by
2014, a recipe for continued violence. For, their presence would be an
anathema to the Afghans who are fiercely independent. Islamabads interests
lie in a stable and peaceful Afghanistan and that can only be achieved
through a process of negotiation held between the warring sides. (Editorial,
TheNation 30th June)
Deal with USA: The visit to Islamabad on Sunday of NATO
Commander in Afghanistan, Gen John Allen, his second in 12 days,
appeared to have been more productive, as he also met the Foreign and
Finance Ministers, along with the COAS, the only person he met last
Wednesday. The meeting was a sign that Pakistan was agreed to what
General Allen was pressing for, a restoration of the NATO ground supply
line through Pakistan. The terms of the deal do not seem to pay enough
attention to Pakistans needs There was some mention of the discussion
touching on all the contentious issues in the relationship, which presumably
also included the drone attacks, and there was a parliamentary review in
which the US took much interest. Though this review ordered these strikes
ended as a precondition for a reset of relations, senior US officials have
insisted on them going ahead. A drone strike killed eight people in North
Waziristan the very day General Allen came over to approve the deal, which
he has taken to Washington for final approval.
That the deal does not pay enough attention to the drone strikes is a
defect of Pakistans government, which failed to convey how much they are
resented in Pakistan, as they kill many civilians. This is an aspect on which
American commentators themselves have grown increasingly concerned. It
is only the stubbornness of the CIA, the executing agency, that keeps the
drone strikes going, and the weakness or consent of an Administration that
cannot stop it.
The government would find signing off on this deal problematic,
especially in an election year, and it has no way to silence the voices calling
for a permanent ban. It does not want this issue to spark off the kind of
protests that would make the coming elections irrelevant. The only way to
gracefully end this fracas is that the terms of recommendation of the
Parliamentary Committee must be seen to be met. For that, drone attacks
must end and an apology and the fair price for container transit paid.
(Editorial, TheNation 3rd July)
1232

Afghans cross and kill: It is extremely worrying that the Afghan


security forces and terrorists proven to be enjoying state support, have of late
been launching raids into Pakistans tribal region increasingly frequently. A
contingent of 60 Afghan troops crossed the international border and engaged
local tribesmen on the Pakistani side for more than 90 minutes, killing two
of them on Monday on the pretext of pursuing militants. Strangely enough, it
is not Islamabad but Kabul that is threatening to take the complaint of crossborder intrusions to UN Security Council. President Hamid Karzai intends
taking up the matter of shelling from the Pakistani side into the Kunar
Province with Prime Minister Raja Pervaiz Ashraf when the two meet in the
near future in a bid to sort out the issue; if he fails, the matter, Kabul
threatens, would be raised at the UNSC. Mr Karzais complete inefficacy at
following the terms of numerous agreements which require intelligence
sharing and logistical coordination with the Pakistani side are now no longer
simply excusable as incompetence. His failure to follow the terms of these
agreements seems a deliberate and malicious attempt to keep Pakistan
engaged on the Western side of its border so that a third country can be
ushered into influence Afghanistans internal matters without interference.
Not only does the contiguity of border necessitate good and friendly
relations between Afghanistan and Pakistan, but so does also the large
component of co-ethnic population on either side subscribing to the same
religious faith. Only then can peace prevail and conditions can be created for
prosperity in both countries. Thus, logic demands that he check the antiPakistan activities of state sponsored agents as well as the militant
supporters of Maulvi Fazlullah, who have gathered in the Kunar province
since 2009. It was then that Pakistan army had carried out a successful
operation against their anti-state activities in Swat and Maulvi Fazullah had
fled to Afghanistan along with a number of his followers to escape the
wrath. Pakistan has, time and again, brought to the notice of the NATO
officials and the Afghan government their concentration in the Kunar
province, which has become their launching pad for armed incursions into
Pakistan. Somehow, President Karzais government as well as NATO forces,
which have a large presence in Kunar, have turned a deaf ear to Islamabads
genuine concerns, which continues to breed tension between the two
neighbouring countries.
Interestingly, US, NATO and Afghan officials, who keep accusing
Pakistan of harbouring elements hostile to foreign presence in Afghanistan,
do not act against the militants targeting Pakistan, who have taken refuge in
Afghanistan, feeling free to plan and mobilize heavy forces to launch attacks
1233

against Pakistan. But for Islamabad, it is a worrisome state of affairs. To


remove the apprehension that the war is being pushed into Pakistan, both the
Afghans and the NATO coalition will have to assuage fears that there is a
complete disinterest in Pakistans security and that an ally is being
abandoned, much the same way as it once was, by the superpower.
(Editorial, TheNation 4th July)
Apology accepted: An expression of remorse by US Secretary of
State Hillary Clinton over the NATO mistake that killed 24 Pakistani
soldiers at Salala check post last November finally clinched the deal that
reopened the land route for the NATO goods to transit through to
Afghanistan via Pakistan It is clear that while five months of negotiations
gained Islamabad a cautiously worded statement, which qualifies as an
apology by the narrowest margin, Kabul by contrast received an apology and
visit from President Obama himself for the deaths of Afghan civilians. One
wonders why, if this was the apology in the offing and the Pakistani
magnanimity of no transit fee was also to be extended, why then did
Pakistan not accept the offer of an apology five months ago. Not just that,
but the months long standoff was said to be in pursuit of terms
recommended by the Parliamentary Committee. All of these terms, save for
the apology, appear to be ignored in light of the GLOCs reopening. In lieu of
national honour, if Pakistan has made the mistake of dropping the demand
for the transit fee, it would be left to repair, at its own expense, the road
network NATOs heavy vehicles would damage.
Thus, it is pertinent to suggest that perhaps our best minds must
devote themselves to finding a way to convert national honour into cash
reserves for the national kitty. A mutually agreed fee was a perfectly justified
case to plead with the US. To forestall the threatened action by religious
groups, the PTI and the Taliban to materialize, a large security force is
expected to be deployed, which would also call for a tidy sum to be spent.
Transporters and drivers of NATO trucks also face life threats from the
Taliban and have asked for security.
One would perhaps understand that there must have been compulsions
which led Pakistan to allow the transit route to open. There was, of course,
the need to defuse tension with the superpower and over 40 of its coalition
partners which had become particularly acute over the NATO goods
controversy. Facilitating the evacuation of foreign troops by 2014 is also in
Pakistans interest. However, the reset of relations with the US ought to have
been seen in light of Parliaments decision. The new arrangement must now
be placed before Parliament for approval, to not totally destroy any
1234

impression that Pakistans parliament is sovereign and effective. (Editorial,


TheNation 5th July)
To what end? What Pakistan got was a sorry rather than the
unconditional apology that had been demanded by our parliamentarians. It
is said to have been made plain by the US that its domestic considerations
made an unconditional apology an impossibility. The federal cabinet on
Wednesday endorsed the decision taken by the Defence Committee of the
Cabinet on Tuesday night and the NATO trucks will be rolling probably by
the end of the week. After reams of seemingly inaccurate speculation, there
is to be no per unit transit fee large or small, and whatever discussion there
was between the two sides about it is now consigned to the dustbin of
history. Instead of a steady income stream Pakistan is to receive $1.18
billion under the Coalition Support Fund (CSF) in the next seven months
(not new money, but a delayed payment from US monies already spent), and
a further $2 billion to be sorted out under various heads in the coming
months. There is to be no end to drone attacks but intelligence collaboration
in the future will, hopefully, reduce civilian casualties and the day-to-day
diplomacy will revert to something like business as usual.
There will doubtless be a sigh of relief in Washington, not least
because of the astronomical costs associated with operating the northern
supply route into Afghanistan which will be considerably mitigated by the
new agreement. It is difficult to see what Pakistan has gained beyond the
grudgingly-given sorry that was considered enough now, although it was
available a few months ago but was rejected then, to restore our government
and military establishments sense of pride The fact remains that few
recommendations made by the parliamentary committee which considered
matters post-Salala have been incorporated and there is no expectation of
easy times ahead. This is not so much a major recalibration of our relations
with America as an easement of position that is subtle and will take time to
settle in before we know the real value (or not) of what has been brokered.
The US has said that there will never be another Salala and we trust that is
so but never say never. What appears to be clear is that we can now be
certain of our place in future talks on Afghanistan and stalled talks can restart. What is less clear is how the agreement will play out with the political
parties here who oppose it. We may hear less of the do more mantra and
more of fruitful bilateral visits. Moving on is the order of the day and
eternal deadlock not a real option. As to whether America has learned an
expensive lesson, the answer to that is a definite; maybe. (Editorial, The
News 5th July)
1235

Another killing machine: The US, without tendering an apology,


started waiting for an opportune time to put pressure on Islamabad for
opening of the supply route. Meanwhile the parliament in Pakistan started
debating the situation to establish new guidelines for dealing with the US. In
the process relations between the two nosedived.
The two countries found it difficult to remove the deadlock without
losing face. Now that it stands resolved with the US saying sorry, it
would be in the fitness of things for the US to take the lead in repairing the
damage caused by its attack at Salala.
The best way to do so would be a visit by a senior US dignitary to
Salala where he should offer condolences of his government to the bereaved
families and people of Pakistan for what the US-led NATO forces did on that
fateful day of October 26, 2012.
It is unfortunate that the US, instead of controlling the damage,
embarked upon increasing it through issuance of statements like the one at
Kabul on June 7 where its Defence Secretary Leon Panetta warned Pakistan
of Washington losing patience over safe havens of the Haqqani network
which he thought was responsible for some of the deadliest attacks on US
forces in Afghanistan during the last eleven years.
The US is preparing for a drawdown of forces from Afghanistan and
also planning to hand over charge of security arrangements of the provinces
bordering Pakistan to the Afghan army which is reportedly dominated by
non-Pashtoon ethnic groups.
Handing over responsibility of the Pashtoon mainland to nonPashtoon elements would be disastrous. It would spark a new wave of
violence in Afghanistan and will have serious repercussions in the adjoining
tribal areas of Pakistan. The US would be well-advised to avoid this unless it
wants to keep the pot boiling in Afghanistan as well as the tribal areas across
the border in Pakistan.
Another thing which seems to be on the cards is the hot pursuit with
which the US keeps threatening Pakistan from time to time. It can now do
so, and without putting boots on the ground in the tribal areas of Pakistan,
through the light weight mini-drones called Switchblade which, according
to a report published in the Guardian have been issued to US soldiers for use
in place of the drones hitting Waziristan day in and day out killing innocent
people including women and children.

1236

This new killing machine weighing just 2.7 kg can be carried in a


backpack and used on the battlefield in place of the drone. While the drone
strikes have a chain of command that stretches from Afghanistan to the
United States these ultra-light, portable drones (Switchblade) bring the
decision to kill down to the level of platoon commander or even the
individual soldier.
This would extend the war from Afghanistan to the tribal areas in
Pakistan where the reaction of the people would be much stronger than
anyone can guess. The government would not be able to reign in its public
any longer from joining the war in full swing.
The US is certainly showing signs of battle fatigue; what happens in
the days ahead is anybodys guess but the writing on the wall is clear. The
US has to complete drawdown of combat troops by 2014.
This leaves her with very little time to broker a peace deal with the
Taliban. It may be recalled that the Taliban have already called off
negotiations with the US and closed their office in Doha which was opened
for this very purpose.
One can only wish that common sense prevails and the US resorts to
peaceful resolution of the problem in Afghanistan rather than resorting to
increased use of force or killing through another, newly invented machine.
(Ayaz Wazir, The News 5th July)
The decision to restore: One reason for the decision is the present
governments desire to serve the USAs interests. The USA has had an
alternative. For over seven months, its troops have survived in Afghanistan
on what they have received from the Northern Distribution Network, the
much vaunted alternative. However, it suffered from the glaring defect of
being very expensive. While the USA wanted to switch back, because of the
budget crisis it is undergoing, Pakistani officials, both elected and
permanent, also worked against the tide of popular opinion to have the route
restored, succeeding in the end.
It was perhaps symbolic, though not related, that the Supreme
Court suspended another three MNAs and a Senator (the last being a Cabinet
member) for dual nationality. At the same meeting as decided on the
restoration, the Cabinet also approved a bill allowing dual nation vote, and
the right to sit in Parliament. Irrespective of whether the bill is
constitutional, or has the needed votes behind it, it shows that this
government is not only suspicious of foreign intervention, it positively
welcomes it. One argument in favour of dual nationals is that they send
1237

foreign exchange to Pakistan. If that is indeed so, then there was no need to
show the USA the favour it was shown, and given a waiver on the containers
fee.
Perhaps, the most painful to Pakistanis is the sense of an opportunity
lost. This was probably the ideal opportunity to bring to an end a chapter in
which Pakistan had only suffered humiliation, and had helped the USA kill
fellow Muslims. Apart from all the imperialist reasons, the USA has got
Pakistan back on board in its war on Muslims, which it calls a war on terror.
It should be prepared for more incidents like Salala. They are an inevitable
consequence of attempting to keep on the right side of the worlds sole
superpower, especially when it has decided that it has other friends in the
region, and can afford to take you for granted. (M A Niazi, TheNation 6 th
July)
Apology: to be or not to be! In my past writings, I had questioned the
strategy of an apology. What Pakistan should have demanded was a neutral
joint investigation followed by an explanation. The military missed this
subtle point and actually got nothing to boost its morale. It is without doubt
that this incident will play on the minds of servicemen for a long time.
Security analysts and the next of kin will continue to question whether it was
ever worth it.
But then, it can be argued that Pakistans establishment led by the
military volunteered for this conflict and in the bargain also fight the very
monsters it helped create for the USA and later use as game changers. The
paradigm shift should have been affected in the mid-nineties when the world
was morphing to a unipolar system with Transylvanian non-state actors as
the emerging threat. After Kargil, everything had run amok.
Yet, I maintain what I wrote in my previous article: The
governments intransigence in not opening the NATO land routes has
relevance to the theory of uncontrolled demolition, which neither suits
government nor USA. Knowing that in diplomacy, the secretaries and under
secretaries draft and finalize agreements well in advance of the political
ceremonies, this political bravery deflects all the effects of this stubbornness
on the people and armed forces. Any haste may lead to a popular reaction
within and upset the US scheme of sequential events in Pakistan focused
exclusively on the army and the nuclear capability.
So what next? For far too long, Pakistani opposition has singularly
criticized the NRO on the premise of corruption. What preceded the NRO is
a development in the eclipsed ranches of Camp David. The purpose of this
1238

unknown agreement was an enduring framework of cooperation between


USA and Pakistan in Central and South Asia. To ensure that the ends of this
agreement were met, both parties agreed to put in place a dispensation that
shall deliver. Pakistani leaders and critics need to realize that the NRO is
much beyond what they criticize.
As a follow up, we may now witness a package of constitutional
amendments curtailing the power of the judiciary, nationality issues related
to transplantation of Western educated and enlightened liberals, and
procedures related to the stratification of armed forces albeit how Pakistans
most envied assets can be managed.
This could all be part of what cynics term the New American
Century as Pakistan goes chanting, and by opposing end them; to die, to
sleep. (Editorial, TheNation 6th July)
Please be fair and honest: The analysis of Ms Christine Fair in her
article, What to do about Pakistan, in the biannual Foreign Policy magazine
and the subsequent comments by R. Raman is a conspiracy study for
coercion. For a journal as respected as this to publish fallacies warrants an
analysis of underlying motives. Though Ms Fair is termed an ally of the
Pakistani establishment, this is as unfair as she could get.
This and many other articles being churned out by the so-called
experts reflect connivance to create a cleavage in the relationship between
the USA and Pakistan, as also an extension of the Indian mindset on
Pakistan using a US mouthpiece. Add to this, Secretary Panettas outburst
against Pakistan from New Delhi; and we reach a conclusion that the US is
indeed serious in pursuing its New American Century Project that means
perpetual war with a mad pursuit of permanent power.
The propaganda is working well. According to a Pakistani observer:
Halfway across the world, in India, the neocons have found their soul mates
amongst the revivalist Hindu fascists with distorted and revisionist reading
of their countrys history. This propaganda puts the USA on a mission
statement, clouding the judgments and assessment of the geo-strategic
realities of our region. Consequently, US thinkers have started beating war
drums with a vague comprehension of ground realities; least aware of the
dangers awaiting in the region...
The stark reality is that the war on terror, has assumed the domain of
full spectrum dominance, including media and disinformation. It is
essential for USA to implement Mackinders Doctrine of Eurasian Landmass
and Brzezinskis prescription of Euro Asian Landscape of Geo-Strategy. The
1239

dominant American Interests have resulted in ruthless pursuit of these


objectives what some call the New American Century Project. The so-called
war on terror has morphed into a territorial occupation of Afghanistan and
subsequent pacification of Pakistan. The anti-US sentiment as a sea of
emotions and uncontrollable energy will intensify as hostilities grow. The
boiling has reached a point where it shall overflow the kettle.
Shri Raman is strongly advising America to keep a close and watchful
eye on the long established and time-tested strategic partnership between
China and Pakistan and to have China delinked. He is also advocating
pressurizing Saudi Arabia to cede support to Pakistan. If the American
imperious arrogance continues, the forging of the regional alliance will come
as the only logical and practical solution of the problem.
A lot of emphasis is being laid on building up India, in the strategic
alliance to contain China. India is all-out to exploit the maximum advantage
of this newly-formed wedlock. But when the chips are down, they will not
find India standing with them. This whole hallucination and myth of
building up India as a card to contain and control China is again a product of
naive and ignorant minds.
Ms Christine Fair has very frankly, bluntly and clearly summed up:
How can the United States and Pakistan have any kind of positive
relationship when our strategic interests not only diverge but violently
clash? This is the only point of her essay that is valid. (Editorial, TheNation
6th July)
The bumpy ride begins: The issue here is not that the government
did the obvious or even whether it was the right thing to do or not. That
GLOCs would be reopened was a given, but on what terms? If a qualified
regret, or Oops Im sorry folks for the brazen slaughter of your sitting
ducks in khaki uniforms, was an acceptable deal after all, then all this has
been on the table right from day one.
The US was ready to convey its regrets over the Salala incident as
early as February this year, compensate the families of the martyred soldiers
and officers and make some high-profile promises and financially beneficial
packages to Pakistan as long we agreed to bury our anger, along with our
dead, and moved on.
Stung by public humiliation suffered because of the Osama bin Laden
episode, the khakis were understandably in no mood to move on. (And we
all know all too well that when it comes to issues even remotely linked to
our national security, those in Islamabad must either move in concert with
1240

Rawalpindi or be ready to move out.) Within weeks, vitriolic anti-US


sentiment was whipped up in the country, with the state media and
government ministers also pitching in with their public denouncement of the
evil empire.
Parliament went into a never-ending huddle and after an almost fourmonth long deliberation came out with a 14-point demand charter
Finally, for insurance, a fire-spewing, stomach-churning, politically-wrong
religious-right Pakistan Defence Council (aka Pakistan Defy Council) was
raised out of nowhere. How it will now be reined in after the latest civiliankhaki joint capitulation to the US will be an interesting phenomenon to
observe in itself. Easy to create Frankenstein, near impossible to tame him.
So what really transpired? Here was Pakistan, thumbing its nose at the
US and refusing to budge on the issue of reopening of NATO ground
supplies. Public snubs were on, including COAS Kayani refusing to meet a
top official of the US defence department, which also resulted in the
American negotiators packing up and beating a hasty retreat to Washington.
The fundamental issues fuelling the policy stalemate had remained
unchanged for the preceding months and no new variable had come into play
so why did Pakistan suddenly give in? And with such sudden eagerness
that the foreign minister had conveyed the good news to her US counterpart
even before the Defence Cabinet Committee had formally approved the
reopening of the routes.
I recall a very senior US representative in Pakistan, an integral part of
all of Thomas Nides parlays with Pakistani authorities, saying right after
Nides last visit to Pakistan, Look, we are at a stage where well say
anything that the Pakistani government wants its people to hear. Drones?
Sure well say well share intelligence as long as you seriously dont expect
that to happen. Well promise to only transport non-lethal supplies through
Pakistan, but as long as privately its clear nobody will check our cargo. A
little bit of extra cash can also be given as transit fee but things have to move
now. Patience is running thin back home and even supporters like Vice
President Biden and Kerry have thrown up arms. You guys are running out
of time, and friends.
Listening to the statements now flowing out of Islamabad and
Washington, the script appears a carbon copy of my American friends
script. In fact, we have conceded even more.
On the thorny issue of drones violating Pakistans sovereignty,
Islamabad has now actually legitimized the drone attacks by claiming to
1241

enter into an intelligence-sharing arrangement. The US has gotten the


perfect legal fig-leaf protection for what will essentially remain an
exclusively American operation with the Pakistani government now even
kept out of the loop by a marauding superpower. We will no longer be in a
position to challenge US violation of our territorial sovereignty on any
international forum including the UN, International Court of Justice etc
because weve said, Hey, were in on this now.
Besides the deteriorating economic situation, Pakistans panicked
retreat may have been orchestrated equally by certain actions being
contemplated in the US. Immense pressure was being felt in the Pakistani
policymaking corridors on the professed US Congress and administrations
intentions to possibly classify the Haqqani network and LeT as terrorist
organizations. Official denials notwithstanding, the covert and overt links
between these two outfits and certain Pakistani intelligence outfits are an
open secret. After declaring them terrorist outfits, the US administration
could have gone to the UN to seek the global bodys sanction to move
against any organization or state, supporting declared terrorist organizations.
And that would have been step one towards Pakistan ending up being
declared a rogue state.
Add to that the recent Saudi action of handing over a suspected
Mumbai carnage mastermind to India and suddenly we see a new dimension
to the increasingly strengthening US-SA-India equation. Already ostracized
by a large part of the world, we cannot afford to continue losing out on old
friends, regardless of their warts. As matters stand today, we dont even
know the possible fallout of the revelations made by this Abu Jandal, who
had been traveling on Pakistani travel documents.
And while Islamabad will immediately rubbish any claims the
Mumbai operation was a joint one between LeT and the ISI, even the
whispers will still hurt bad in an environment of adverse perceptions and
where the larger part of the western world wants to believe Pakistan is the
bad guy.
Pakistan has a darn good case to present to the world, but our problem
is were stuck with a bunch of incompetent and confused advocates. So
tighten up your safety belts. The bumpy ride has only begun. (Mohammad
Malick, The News 6th July)
Via Bhatinda! Bhatinda is a place in Punjab that has always been
associated with taking the longer route to anywhere, with the famous via
Bhatinda catch phrase. I was reminded of it when, in a flurry of activity and
1242

within a few hours only, all the seemingly insurmountable blocks blocking
the NATO supply line were overcome. If it only took that long for the two
countries involved to satisfactorily resolving the issue, what was the reason
for the seven-month long, via Bhatinda so to speak, route? Have we been
able to prove, in any conclusive way, that we can survive toeing a line like
this without possessing the wherewithal for it?
Instead of taking so many months, the issue should have been
resolved earlier with a strong and rightful protest over the Salala incident on
record. Apologies and amendments to the criminal act would have come.
Anything that is allowed to fester just goes bad, period. Rule of nature. Had
we been in a position of abandoning the position we have taken consistently
for the last many years and drawing up a completely new foreign and
security policy, we could have considered the luxury of other measures. We
have just got so used to living from day to day and from issue to issue with
no ability to think and therefore plan for the future. Our favourite phrase,
when faced with an outcome that could go either way is Allah khair keray
ga, and we are just not willing to plan for or think about what we will do if
all does not end in khair, from our perspective that is. It is only after the
negative fallout stares us gloomily in the face that we start to do the
following. Anger followed by bravado, followed by what we do best
scheme to wiggle out of the narrow space somehow (Tallat Azim,
TheNation 7th July)
Accord and after: Much can be said for the need to repair our
relations with the USA and the NATO countries. Correct that Pakistan was
becoming isolated and a way had to be found to restore a reasonably good
relationship with the USA.
But the way the impasse has been broken leaves much to be desired.
The resumption of supplies to Afghanistan without extra charges benefits the
USA. Why Pakistan abdicated a legitimate claim for a just requirement is
not understood. As for the sorry received, it is a qualified one. The supply
of arms through Pakistan under the pretence of provision to Afghanistan will
continue. And there is no guarantee that despite a verbal assurance,
something like the Salala tragedy will not happen. The drone strikes
continue. Have we agreed to let them continue on certain conditions? The
related document has yet to be made public. The report is that Pakistan has
agreed to drone attacks provided the intelligence is shared.
Mention may here be made that Pakistans trouble is increasing by the
day. Already militants across the border have been attacking our security
1243

forces. Little has been said by the NATO or ISAF about the marauders
beheading the Pakistan soldiers and gleefully displaying their severed heads.
Now a word about the way the US-Pakistan standoff has been allowed
to drag on for more than seven months. This dithering and foot-dragging
does little credit to our Islamabad rulers. Not only precious time was lost,
little was done to contain the fallout in terms of rising tension and distrust.
Because of lack of foresight, relations between Islamabad and Washington
were allowed to take a nosedive.
The Congress practically went on a war path. Pakistan literally was
described as an enemy country by some of the Senators and resolutions
moved to cut off aid to Pakistan altogether. The US media too added salt to
the injury. What has been worse, during this time the US-India friendship
flourished further at Pakistans expense and Washington forged yet another
strategic agreement with Kabul. Chicago was a stinging slap in Pakistans
face. Already internally Pakistan was jolting from one crisis to another. The
economy had reached the precipice and only international doles could help it
survive.
Seven months were thus unthinkingly lost both internally and
externally.
What next? In our relations with the USA a lot remains to be sorted
out. How can we stop the incursions from across the Western border? How
are we to meet the escalating pressure for taking action against the Haqqani
group accused by the Americans of attacking the NATO and Afghanistan
vital points? These and many ancillary issues have to be addressed
effectively.
How about the massive protests scheduled to be launched by the
Defence Council, PML-N and Imran Khan? All that I may say at this
juncture is that as the Chinese put it, we are living in extremely interesting
times. (Inayatullah, TheNation 7th July)
The brewing storm: Within hours of the governments decision on
Tuesday to reopen the supply corridors for the UN-mandated International
Security Assistance Force in Afghanistan, the reaction of the religious right
was that the US apology would not bring back the soldiers killed in the
treacherous NATO attack on the Salala outposts last November. No such
sentiment is ever expressed when civilians and soldiers are mercilessly
slaughtered by extremist outfits.

1244

The stage is set for street protests spurred by opposition parties. Some
former ambassadors, who fancy themselves as 21st century Talleyrands, have
lambasted the government for its disgraceful capitulation to US pressure.
One can scarcely blame politicians for their cheap bravado.
A hideous presentiment of looming disaster goaded on by political
instability in which the only beneficiaries are terrorist groups assails the
mind. A grotesque example of this was the video released by the Taliban on
June 27 showing the severed heads of 17 Pakistani soldiers placed on a
blood-drenched sheet. The men had been captured three days earlier during a
cross-border night raid in the Upper Dir region from sanctuaries in eastern
Afghanistan.
The video begins with a voice recording of a message from the
Tehreek-e-Taliban Pakistan (TTP) chief, Hakimullah Mehsud, in which he
warns that such attacks will continue so long as the government does not
terminate cooperation with the US and enforces Islamic law in the country.
This was not an empty threat as is evident from similar atrocities in the past.
On May 6 the TTP attacked a military check-post in Miran Shah and
killed 14 soldiers of whom all but one were beheaded. The next day two of
the severed heads were mounted on wooden poles and displayed in a public
square. A horrified resident of the area recalled that for several days the few
who dared step out of their homes had faces blanched with terror. So
overpowering was the fear among ordinary people that it seemed they had
even forgotten the pitiless heat of summer that mocked at the misery of their
existence
The political leadership and their supporters have been strangely
wayward in their reaction to the massacre of soldiers and civilians. The
countrywide outrage on the Salala attacks is perfectly justified even though
regret was immediately expressed by the US and now an apology. But what
is incomprehensible is the silence on the blood curdling atrocities of the
TTP. There has not even been a whimper of protest leave alone the
ridiculous long marches that politicians keep threatening the country with.
There are however indications, albeit after more than a decade, that
the government is gradually coming round to the realization that the Afghan
Taliban, the TTP and al-Qaeda are all part of the same terrorist enterprise
and are mutually supportive. The rude awakening for the defence and
security establishments came towards the end of last month with three crossborder raids in less than a week by the TTP from safe havens in eastern
Afghanistan where the Haqqani network is predominant
1245

There are signs of new thinking in the GHQ and, according to a senior
army official, military action in North Waziristan is rapidly becoming
unavoidable. He explained that militants flushed out by the security forces
from the other tribal agencies either regroup in North Waziristan or retreat to
eastern Afghanistan.
This will require close coordination between the Pakistan army, USNATO forces and the Afghan National Army (ANA). A hammer-and-anvil
mechanism needs to be worked out under which militants fleeing to either
side of the Pakistan-Afghanistan border are taken on by US-NATO
forces/ANA and the Pakistan army respectively. This was discussed with the
ISAF commander, General John Allen, during his two recent visits to
Islamabad.
There are reliable reports that NATO forces have started redeploying
in significant strength on the Afghan side of the border opposite Noshki in
Balochistan. This area includes Sar Lath and Shorawak where Mullah
Omars faction of the Taliban is concentrated. Should military operations be
launched it could be the prelude to an onslaught in eastern Afghanistan
where the Haqqani network is entrenched.
This means that the Qatar process has come to an inglorious end.
Eventual talks with the Taliban have however not been ruled out But in
Pakistan it is the extremist outfits that have the upper hand. The people
hunger for an end to corruption, speedy justice and political stability. The
absence of these three indispensable and interlocking requirements provides
a breeding ground for extremist groups such as the TTP and its cohorts (S
Iftikhar Murshed, The News 7th July)
Obama and Pakistan: The New York Times chief Washington
correspondent David Sangers books have stirred up quite an issue: The
Inheritance for example has been a center of heated discussions among
foreign policy gurus; and his latest account Confront and Conceal is even
trending. Beside other issues touched upon in the book, he mentioned that
President Barack Obama is worried about Pakistans possible disintegration
and the safety of its nuclear warheads in such a case. According to the book,
Obamas security advisers are in for a deep dig and hotly debating the future
of Pakistan. I am in London for a few days and people here are asking me
about this possibility. Well, instead of speculating on the question through
think tank perspectives, and academic and theoretical appreciation, lets
elaborate it in down-to-earth, fact-based analytical approach.

1246

Before dilating on the issue I must add a few words about the nature
and problems in the intelligence system and analysis machinery available to
President Obama, and why it at times fails to work. Indeed, America is rich
with information about each corner of the globe, and its superiority in
technology and use for intelligence gathering is superb. However, richness in
information does not result in quality or proper analysis. And prediction, the
ultimate product of any analysis, could be misleading if the analysis is not
sound. In this age of information and globalization, the abundance of
information again requires local expertise an analyst who can use all
related issues and differentiate between most important and relevant factors.
This requires an in-depth knowledge of ground realities and real
dynamics of society. In majority of the cases related to Afghanistan and the
region surrounding it, i.e., our region, the US has committed analytical
blunders, as it tried to read situations through its perspective. The US
analysts ignore or simply fail to identify local, historic and social dynamics
and, despite having at their command huge resources and superb technology,
decision-makers, most of the times are faced with frustration.
Now we talk about the possibility of disintegration of Pakistan. I dont
claim that everything is prefect here. On the contrary, I must say that there
are so many factors that Obama and his team may have ignored. It seems
that we have crossed the limits of corruption and hypocrisy. Extremism has
exhibited new contours and dawning each day with new dimensions.
Institutions are at war with each other and the military rule is around us as a
fat possibility. Economy is virtually on the verge of collapse and popular
hopes with the judiciary are now at its lowest ebb. There is no argument that
the situation in Pakistan is rife with anarchy. However, perhaps it is smart to
remind that the single factor of anarchy do not lead any state to disintegrate.
The former Soviet Union and Yugoslavia were not experiencing any anarchy
at the time of their disintegration; rather, they were over-controlled and no
one could question the governments writ. But both fell out.
In contrast, Afghanistan has been facing anarchy for the last four
decades. In these long years, we cannot count a single day when the state
enjoyed its writ over the whole of country. During the days of Mujhahideen,
there were hundreds of warlords enjoying de facto sovereignty. Even in the
Taliban era, their opponents in Northern Afghanistan have their own
currency, but Afghanistan is and remains intact.
At surface, no one can deny the headlines Pakistan is making.
Disillusionment in Baluchistan, practically no government in FATA, the
1247

dynamite mines of Karachi are a reality. But we cannot draw a parallel with
the East Pakistan-like situation. The conditions were vastly different when
East Pakistan got separated from the western wing. There was lack of
interaction, virtual absence of social cohesion and no political and economic
interdependence; thus at end of the day East Pakistan got its own identity. In
the present day Pakistan, despite facing mammoth corruption, lawlessness,
extremism and hypocrisy along with financial and governance crises, we
also find some positive signs.
For example, the ANP was once a staunch believer in Pashtun
nationalism and was demanding a separate state for Pakhtuns. Today the
same party is not only integrated in the mainstream politics but is one of the
favorite parties of the Pakistani establishment. The MQM has been
transformed from Mohajir Qaumi Movement to Muttahida Qaumi
Movement, leaving the politics of Mohajir and advocating the rights of
middle-class of every sub-nationality in Pakistan.
It seems that policy analysts around Obama and in think tanks tend to
ignore some basic dynamics concerning the possibility of Pakistan
disintegration. First and foremost, the Taliban and the extremists in FATA
and Khyber Pakhtunkhwa never tried to burn the flag of Pakistan. Unrest in
Baluchistan is a fact but, Mehmud Khan Achakzai, sitting in the border area,
is neither secessionist, nor have any soft corner for Baluch separatists. The
PPP leadership is from Sindh, but their stronghold is located in the farthest
north in Chitral. The largest urban center of the country Karachi is now
also home to millions of Pakhtuns. Does Shahi Sayed, heading the ANP in
Sindh, would ever try to disintegrate Pakistan and go back to his hometown
Mardan?
Today the most outrageous voice for the rights of Baluchistan is of
Nawaz Sharif, from Punjab. Likewise Jamaat-e-Islamis headquarter is in
Lahore but their strongholds are Karachi and Dir of Khyber Pakhtunkhwa.
Imran Khans Tsunami, which was started from Lahore, is now most popular
in Khyber Pakhtunkhwa. The MQM, which is based in Karachi, won seats in
Azad Kashmir and Gilgit-Baltistan assemblies. Businessmen of Karachi
have invested in Torkham and Gilgit and trucks of Afridis of the Khyber
Agency are moving between Lahore and Karachi.
During the last six decades, Pakistan has developed a complex maze
of interdependence among sub-nationalities and interests groups belonging
to different areas. There are serious problems within Pakistan but they are
mere product of corruption and marathon over-grabbing and snatching
1248

resources from one another. Moreover within Pakistan, not a single state
institution or non-state actor could benefit from any such disintegration.
While looking at the external front, the situation is more favorable,
too. Any likely disintegration is possible on linguistic grounds but in the
whole region and the world over no country could drive benefit out of it.
China and Iran are out of question. Afghanistan badly needs a peaceful and
strong Pakistan while even India cannot afford the disintegration of its
immediate neighbour. India wishes to compete and suppress Pakistan but
could never afford disintegration. And as Sanger puts it, even Obama does
not wish it but fear it.
So here through these lines I wish to comfort all those who fear about
the disintegration of Pakistan: strong economic, social, and political
interdependence within the country along with regional and global power
configuration is a guarantee against any such eventuality. There are
problems in Pakistan very serious indeed but they are mere problems,
not dynamics of disintegration. (Saleem Safi, The News 7th July)
Hardly justified: The governments claim that the parliamentary
decision laying down conditions for allowing the NATO supplies to once
again transit through Pakistan has been honoured is hardly justified. The
facts speak differently. First, while of late Pakistani officials have been
demanding, almost exclusively, an apology from Washington, Secretary of
State Henry Clinton could deliver only a soft apology, which qualified as
such by the very slimmest of margins.
Secondly, Parliament had listed a complete end to drone strikes, an
increasingly popular and controversial tool in the Obama arsenal as a major
demand. As a violation of Pakistans territorial sovereignty as well as
proving counterproductive to the very purpose for which they were
launched, they are against Pakistans interests. To add insult to injury, as the
NATO trucks began moving into Afghanistan, drone attacks sped up, struck
three times at Dattakhel in North Waziristans Miranshah on Friday and
killed 24 persons. Thirdly, Parliament had decided to charge a suitable sum
of money from the NATO for the use of the long stretch of our roads. This
was to be a legitimate levy because the heavy trucks with containers on
board cause extensive damage to the road network and a tidy sum of money
is needed for repairs. This point was not addressed either. And the most
unfortunate part of the story is that the Pakistani officials were obliged to tell
their public that the government had itself not pressed for the levy and

1249

willingly agreed not to charge any money as had been done ever since the
NATO traffic started.
There is no doubt left now that stalling the issue of resumption of
NATO supplies for seven long months has been of little avail to Pakistan. If
the resolve to have the conditions met was so weak, the government should
have confined itself to mere protest at the Salala check post massacre. The
peoples hue and cry could have been ignored, as it is so often done when
they voice grievances about the difficult conditions of their living. At least,
Pakistan would have been able to avoid international humiliation. Secretary
Clinton has told the media at Kabul where she made an unannounced visit
that Pakistan has agreed not to allow its territory to be used against another
country. In order words, it would be held accountable for any cross border
raids from Pakistan. But there was no word about raids that have become
ever more frequent from the Afghan side. (Editorial, TheNation 8th July)
Droned deals: It was like a knife being twisted into an unhealed
wound. The ink on the apology-cum-NATO-supplies-reopening deal was
barely dry when a drone attack on Friday killed at least 24 people in North
Waziristan. The attack one of the deadliest carried out by CIA-operated
drones this year came just a day after the US and Pakistan reached an
agreement to reopen NATO supply routes closed after the Salala attack of
last November. The timing of the attack could not have been worse.
Whatever one might think about Pakistans inability and incompetence in
resolving the deadlock over supplies sooner it took seven long months to
reach an agreement! the fact remains that 24 Pakistani soldiers were killed
in an attack that most believe was unprovoked and which intensely angered
a cross-section of Pakistani society. To launch a drone attack barely 24 hours
after a deal was finally signed to resolve the stalemate and reopen NATO
supply lines was adding insult to injury. Indeed, the incident reminds of the
March 17, 2011 drone strike in the tribal agency that left at least 40 civilians
dead, and which came barely a day after a deal was reached on the release of
Raymond Davis and he was whisked out of the country.
Except now, things are different. Last year, or even last month, the
Pakistani government and army could cry foul whenever a drone attack
occurred because the official line was that they were counterproductive and
Pakistan had nothing to do with them. Now, however, with the reopening of
routes, US authorities had assured that drones would only be used under the
guidance of the principal of shared intelligence. But after the latest attack,
those who wanted the resumption of NATO routes linked to suspension of
drone attacks will surely be up in arms. For over seven months now,
1250

Pakistan has been in the grips of the Salala saga, because of which antiAmericanism was whipped up to what can easily be called unprecedented
levels. Anger at the latest strikes and the Pakistani states possible
complicity in them will definitely make the partnership with the US all the
more difficult for the Pakistani side, given the retaliation that is almost sure
to come. Already, the Defence Council of Pakistan has held countrywide
protests against the supplies resumption and called for a long march and an
all-parties conference.
The fresh attacks will thus certainly provide religious groups and
opposition parties more ammunition to assail the government for deciding to
reopen the routes without obtaining a foolproof assurance from the United
States about modalities. However, while the US may not be concerned about
the Pakistani pulse, the Pakistani government and army cannot afford to
cause further confusion and resentment on the issue of drones. Insiders
already claim that the pledge of shared intelligence is just a front and
nothing has changed in substantive terms. If that is really the case, then
Pakistan may be playing with fire. We have said this before and well say it
again: there is no more room for a nod-winking approach to drone strikes.
Let this latest attack be a wake-up call for our political and military leaders
to come clean on Pakistans drone policy, once and for all. (Editorial, The
News 8th July)
The apology that never came: Almost from day one, the Pakistani
authorities were never comfortable with the closure of the supply lines. At
stake was the indispensability of the alliance with the US, continuation of
inflow of money and a possible harsh retaliation that might destroy a fragile
dispensation that relies on external props for its survival.
The outcome of all the contacts and consultations was never in
doubt. But faced with mounting anger from the masses and resentment
within the security forces the government was forced to take shelter under
the umbrella of parliament The centerpiece of recommendations that
emerged was that the US will have to tender a formal apology and also give
an assurance that such incidents will not be repeated.
In an election year in America, such an apology was never on the
cards The Americans knew of the fragility of the institutions in Pakistan
and were also acutely aware of the fact that taking any firm position in
defiance of US interests was not a Pakistani tradition. Expediency is the
watchword in the Islamic Republic.

1251

In order to create a justification for the opening of the routes, strange


logic was advanced and wholly unsubstantiated assertions were made by the
government. For example, the idea was floated that Pakistan cannot risk
annoying 43 or more countries. As a matter of fact, other than the US, no
country had any reservations about a matter that was deemed to be a bilateral
issue between Pakistan and the US.
Further, other than five countries in the Coalition, all others have very
small contingents in Afghanistan and would not be affected by any
diminution in the quantum of supplies. There was no shortage of equipment,
materials or fuel because the northern distribution network was operating to
full capacity.
Military operations inside Afghanistan were not in any way hampered
or impeded because of the blockade of routes. Every military has enough
reserves, and then, with some more investment, the supplies were kept
moving.
The reopening of the routes will not, as some people expect, lead to a
convergence of perceptions on many difficult issues. The opening of routes
was not the only issue between the two countries.
The Americans view with suspicion the contacts that Pakistan has
with some leaders of the resistance in Afghanistan. The US still regards
Pakistan as an undependable ally. Pakistan has strong reservations about
long-term US military presence in Afghanistan.
There are persistent reports about American involvement in the
insurgency in Balochistan. Views differ widely on Indias role in
Afghanistan. Pakistans close ties with China and Iran will be impacted if
the US maintains its military in Afghanistan permanently.
In other words the opening of routes may bring in some installments
of coalition support fund into Islamabad but there would be no strategic
consensus on many important issues, not the least of which is the complex
question of the type and system of government in Afghanistan beyond 2014.
One wonders whether more than four months of deliberations by
parliament were only intended to extract a verbal sorry from the US
secretary of state. Was this not an insult to the most sacrosanct institution of
Pakistan? The 4th of July gift to the US would make some people in the
Pentagon and state department happy, but it will not in any significant way
alter the course of US-Pakistan relations.

1252

A fundamental shift in attitude and reappraisal of policy will be


needed to transform the transactional relationship to one of understanding
and trust. (Rustam Shah Mohmand, The News 9th July)

Afghanistan
USAs Afghan expedition the aftermath: What would the
US/NATO/ISAF combine leave in its wake as it egresses from the SouthCentral Asian Region (SCAR) apart from a geopolitical and geo-strategic
mess of gargantuan proportions?
Quite like Iraq, it will leave behind a country devastated beyond
redemption, a nation ripped, torn apart, traumatized and brutalized beyond
reconciliation; a region destabilized and polarized beyond extremes! And the
USAs own reputation as a sensible, responsible and assertive imperial
superpower in tatters and beyond repair!
What pathetic, pitiful and pitiable returns for a labour of such
arrogantly savage proportions! (After discussing the geopolitical dimension,
the columnist touched upon some aspects of the geo-strategic dimension).
The Afghan National Security Forces (ANSF): The ANSF and its
leadership almost totally comprise non-Pashtuns! This could lead to a
serious implosion once the stabilizing factor of the US/NATO/ISAF is
removed. The multi-ethnic nature of the ANSF will cause powerful
centrifugal pulls to seriously threaten the unity of the force. Its long-term
sustenance and maintenance ($4.1 billion per annum) will be a serious
concern too. This could well mean the difference between maintaining a
professional ANSF or finding thousands of quasi-trained, well armed
deserters or militants roaming the Afghan landscape seeking affiliations and
trouble!
The Bases Factor: The ANSF will have the support of the
US/NATO/ISAF from five bases Bagram, Jalalabad, Kandahar, Mazar-eSharif and Shindand. The US/NATO/ISAF will still be a potent entity
comprising drones, gunships, airpower, special operations forces and civilian
contractors, like Blackwater and Xe, and the intelligence agencies. However,
easy access to short and secure supply routes will still be crucial.
The Militant Factor: The ANSF and the US/NATO/ISAF will
encounter al-Qaeda, the Haqqani Network (HN), the TTP and most
importantly, the majority Afghan population, the Pashtuns. The US bases
will be isolated and then reduced piecemeal by the Afghans, who are
historically known to employ the tactics of siege, intrigue, conspiracy,
1253

treachery, raids, ambushes, IEDs and outright attacks to defeat their enemies.
Their patience and ingenuity in such affairs is legendary.
The Pakistan Factor: The US arrogance and intransigence have
transformed their once major non-NATO ally into a virtual enemy! This was
always predictable. One, the US was never a reliable ally of Pakistan
flashback 1965, 1971, 1989. Two, there was never any convergence of aims
and objectives at the strategic or by implication at the tactical level.
Therefore, despite the mutual political rhetoric, the USAs Afghan campaign
was actually doomed from the very outset. And that is how it will end!
Furthermore, the US will seek some major or spectacular victories
before it departs the SCAR. It might launch more Abbottabads to
ostensibly get the likes of Al-Zawahiri and Mullah Omar or could also carry
out arrogant cross-border operations (a parting kick) in North Waziristan
Agency (NWA), Balochistan or even at some nuclear sites! Such a gross
strategic miscalculation could actually set their withdrawal plans back by
decades! Pakistans responses will be unpredictable and could take any form,
scope and/or dimension!
Come end 2014, the US will be defeated, piqued, hurt, angry, bitter
and, perhaps, on the prowl, too! Pakistan, the SCAR and the world, beware!
(Imran Malik, TheNation 1st July)

Iran
No shelter: The United States has used biological weapons abroad as
well, repeatedly, not for testing purposes but for hostile purposes. So what
will the land which has the highest (double) standards say when such
weapons are used against it? Or when foreign drones hit American cities? Or
when American hi-tech equipment is sabotaged by a cyber attack as the US
has now admitted doing to Iran? A year ago the Pentagon declared that
computer sabotage coming from another country can constitute an act of
war If you shut down our power grid, maybe we will put a missile down
one of your smokestacks, said a US military official. (William Blum for
Counterpunch, reprinted in TheNation 6th July)

India
Surjeet or Sarabjit? The release of an Indian imprisoned in
Pakistan, Surjeet Singh, initially caused a very adverse reaction because it
was thought, because of the confusion caused by the similar names, that
Sarabjit Singh was being released The speculations about Surjeets release
having anything to do with the recent release of Dr Khalil Chishti from jail
1254

in Ajmer, after the intervention of President Zardari, seems a little farfetched. Even the charge against Dr Chishti related to a private matter, and
he was not accused of anything to do with espionage or sabotage. The entire
episode does show that Pakistani prisoners in Indian jails have no
consideration shown to them, while Indians imprisoned in Pakistani jails,
even if convicted of attempting to harm the Pakistani state, are lionized and
made much of. Though there would be no excuse for keeping Surjeet Singh
now that his sentence is over, that should not stop efforts at making India
release those Pakistanis it still holds even though their sentences are over.
While Pakistan must be careful about making sure that all prisoners,
not just Indians, do not serve out sentences any longer than they have been
given, they should also consider why the sentence of Sarabjit Sing has not
been executed. This would simply be a case of providing justice to the
victims survivors. The process of justice must be the same in Pakistan for
all prisoners, irrespective of nationality, and if India uses Pakistani prisoners
for achieving the ends of the government, Pakistan must not follow suit. It
must not fall prey to the temptation to play politics in dealing with
criminals. (Editorial, TheNation 28th June)
A lesson learned! Indias new love affair with the US, its capitalism
and its corporate culture, will surely draw it into a socio-economic-political
disequilibrium domestically. And its attempt as a regional hegemonic power
is most likely to fail in view of new global political realities unleashed by
the recent American-West European adventurism for a New World Order
being carried out by military interventions all over the world. As a
consequence, a multi-polar global political system is emerging with an
increasingly expanding role being played by China and Russia.
India would be much better off with helping to create a regional
powerhouse of nations, including Pakistan, Afghanistan, Iran, Burma and
others, and defining its national interests with neighbouring states, rather
than opting for a controversial and difficult role in this US-driven
containment of China policy.
After all, visions are born in dreams. India too can have a dream! A
dream of regional prosperity, a powerful regional leadership, and peaceful
co-existence with its immediate neighbours. And why not? (Dr Haider
Mehdi, TheNation 3rd July)

REVIEW
1255

What the cabinet of Raja Rental delivered on 4th July was conceived
long ago by Benazir Bhutto. While negotiating NRO deal she had promised
to the United States to deliver far more than Musharraf in their holy war
against Islamic fascism. She was killed the same year but her husband has
been keeping the promise.
This delivery has been wholesome. Supplies were resumed without
fulfillment of single demand out of the numerous stated during the last seven
months. Even the unanimously adopted resolution of the Parliament was
also completely ignored.
The US also applied the strategy of coercion for realization of above
promise and it produced more than the desired results. The strategy had two
distinct prongs; stop flow of dollars to secure submission of civilian leaders
and threaten to declare Haqqani Network and Lashkar-e-Taiba as terrorist
outfits to scare Pakistani Generals. Pakistan Army gave up resistance and
forgot about shaheeds of Salala.
The responsibility of the protection of NATOs logistic supplies
during transportation through Pakistan was also accepted without imposing
any additional transit fee. This generosity will cost high as the protection
could be problematic this time. Presently, provincial police have been tasked
to perform the duty of protection; soon the need to induct Rangers/FC could
be felt.
The issue of apology was resolved in a shameful manner. The
exchange of word sorry during telephone conversation between the two
ladies representing their respective governments was claimed as an
apology rendered by the US, despite the fact that there was no reference to
Salala massacre in the conversation.
The US spokesperson was also prompt in explaining that both sides
were sorry over the mistakes committed by either side; without making a
reference to the mistakes, what to talk of elaborating those. Maulana Fazlur
Rehman was right in saying that it was not clear as to who apologized to
whom. In fact, the manner in which an expression of sorry was projected as
an apology amounted to adding insult to injury.
As regards drone attacks, it was known from day one that these
attacks were carried out with the consent of Pakistans civil and military
leaders though they kept harping about non-existence of any bilateral
agreement in this context. The resumption of NATO supplies after
Parliaments resolution that had explicitly demanded end to these attacks

1256

clearly means that drone attacks have been formally permitted and
pretensions to the contrary will work no more.
S Iftikhar Murshed in his column in The News complained about
biased reaction over killing of Pakistani soldiers and civilians and also to the
killings as result of actions of Americans and the militants. He observed that
the resentment was exaggerated when soldiers were killed and when killings
were carried out by the Americans.
He started with the mention of beheading of 17 soldiers who were
captured by militants of Fazlullah Group in an ambush in Upper Dir. He
went on to mention few more atrocities committed by TTP men in the recent
past. All that was described by Iftikhar was absolutely true, but not the
whole truth. He stopped short of saying the remaining half which was crux
of the whole truth.
Tallat Hussain of Dawn TV said that half of the truth in one of his
programmes that was recorded at the site of the incident referred to by
Murshed. Tallat said the attackers who came from across the Afghan border
have been provided safe heavens in Kunar and Nuristan by the occupation
forces and their local allies. They are funded and even provided weapons,
communication and logistic support by the Karzai regime on the behest of its
foreign masters.
It was also confirmed that Fazlullah has been meeting Governor of
Kunar. In nutshell, the attackers had direct or indirect support of Afghan
forces, Indian intelligence and of course of US/NATO/ISAF forces. Instead
of mentioning this, Murshed tried to blame Haqqani Network for backing
Fazlullah.
He went on to claim, quoting an unnamed General, that because of
these cross-border attacks there is rethinking in GHQ as result of which
Afghan Taliban, Haqqani Network and TTP are seen as one. In view of this
rethink military top commanders have concluded that operation in North
Waziristan has become indispensable.
If that is so, it is most unfortunate. The cross-border attacks in Upper
Dir were exactly aimed at inculcating this change in the thinking for which
the US has been trying for years and Pak Army resisting. Any operation in
the wake of this rethink could prove disastrous.
While regretfully counting the losses of Pakistan one must not
overlook appreciating Zardari for excelling in power politics.
Notwithstanding the humiliation suffered by the people of Pakistan, he has
1257

mustered support of his foreign masters for second five-year term as


President of the Islamic Republic.
In less than a month, Prime Minister David Cameron has twice said,
once each to Gilani and Zardari, that enemy of Pakistan is our enemy. Was
he referring to India? How could he term the strategic partner of the US as
our enemy? Was he referring to TTP militants that have been provided safe
heavens in Kunar and Nuristan? No, not at all; he was only reassuring
Zardari of support for continuity of his rule.
8th July, 2012

AROUND GLOBE-VII
The mission assigned to Kofi Annan, under the favourite peace-ploy
of the West, has yielded the desired results as the goal of regime change in
Syria was nearing the accomplishment. The West was reportedly preparing
yet another resolution in this regard which could be tabled any time in the
UNSC.
Sporadic bloodshed in Iraq continued as rest of the Middle East
remained comparatively quiet during the last two weeks, except Yemen. The
fighting in Yemen also saw marked decrease in its intensity as result of the
government forces regaining the control of southern region.
In North Africa, Egypt remained in the focus where the pro-West
army generals tried to dictate terms to newly elected Islamist President,
Mohamed Mursi after having dissolved his constituency; the Brotherhood
dominated parliament. Towards west of Egypt, Libya appeared to be heading
towards similar tussle between Islamists and pro-West secular forces as
result of the recent polls.

NEWS
1258

Middle East
Iraq: On 1st July, it was reported that attacks in Iraq killed at least 282
people in June. Figures compiled by the Iraqi ministries of health, interior
and defence showed that 131 Iraqis died in violence last month and 269 were
wounded. The AFP ended its report with favourite sentence: While violence
in Iraq has declined dramatically since its peak in 2006-2007, attacks remain
common across the country
On 3rd July, a bomb in a truck exploded in a market in the Iraqi city of
Diwaniya, killing 40 people, and two bomb blasts killed four more near the
city of Kerbala. The Diwaniya bombing was near a mosque where pilgrims
gather on their way to Kerbala to celebrate the birthday of Imam al-Mahdi,
this week. Attacks have increased in Iraq in recent weeks, raising fears that
the country may slip back into widespread violence between Sunni and Shia.
Next day, car bombing at a market in central Iraq killed eight people and
wounded 37 others, and three others were murdered in Baghdad.
On 7th July, a suicide bomber detonated an explosives-rigged belt at a
gathering of his own family in western Iraq, killing his pro-government
cousin and six other relatives. The blast targeting a leader in the Sahwa
militias in the city of Ramadi is a reminder of how extremism still divides
Iraq, with some working with al-Qaeda-linked insurgents against others who
support the government.
Palestine: On 1st July, an Israeli military court sentenced a former
military leader of Hamas, Ibrahim Hamed to 54 life sentences after
convicting him of ordering the killing of dozens of Israelis. Hamed was
arrested in 2006 with the help of Mosab Yussef, the son of a Hamas founder
who became an undercover agent for Israel's Shin Bet security agency,
Israeli media said.
On 7th July, an explosion injured five Palestinian children in the central

Gaza Strip; Israeli tank fire was blamed. The children aged four to 10 and
from the same family were in light to moderate condition after being hit by
a shell fired by an Israeli tank east of Deir al-Balah. An Israeli army
spokeswoman said she was not familiar with the incident.
UN Human Rights Council has set up a panel to probe Jewish
settlements in the occupied Palestinian territories, a move that further irked
Israel which said it will bar its access to the sites of inquiry. Israel severed
contacts with the council in March after the 47-member body announced it

1259

would investigate the settlements, which are considered illegal under


international law, and is blaming the UNHRC for singling out Israel.
On 10h July, a Palestinian footballer who staged hunger strike of
nearly three months while in Israeli jail was freed and returned to Gaza
Strip. Two days later, a Palestinian was killed and two others wounded in an
air strike on a militants training facility in eastern Gaza City.
On 13th July, Israeli troops killed a Palestinian when they opened fire
at him near the border in the northern Gaza Strip. A spokeswoman for the
Israeli military said troops had opened fire on an armed Palestinian, saying
he had fired at them first. In an unconnected incident earlier, Israeli border
police killed a man and wounded another who had tried to cross the
Egyptian border into Israel.
Syria: On 30th June, world powers agreed to a plan for a transition in
Syria that could include current regime members, but envoy Kofi Annan
doubted if Syrians would pick leaders with blood on their hands. Hillary
Clinton made it clear that Washington did not see any role for President
Bashar al-Assad in the new regime, even though there was no explicit call
for him to cede power.
The deal came despite initial pessimism from participants about the
prospects of the Geneva talks due to deep divisions between the West and
China and Russia on the future of Assad. Russian Foreign Minister Sergei
Lavrov said following the meeting that Moscow had convinced other parties
to accept that the transition would be decided by Syrians and that no party
should be excluded from the process. Chinese Foreign Minister Yang Jiechi
also stressed that outsiders cannot make decisions for the Syrian people.
Meanwhile, at least 53 people, mostly civilians, were killed in
violence across Syria and hundreds more were trapped in Douma as regime
forces stormed the town in Damascus province. The Syrian Observatory for
Human Rights warned of a catastrophic humanitarian situation in besieged
Douma, which has been subjected to a fierce military campaign since June
21. And the Turkish-Syrian border remained a potential flashpoint.
Next day, opposition and state media both branded an international
plan for a transition in strife-torn Syria a failure. The meeting failed,
trumpeted Al-Baath, newspaper of the ruling party of the same name. The
LCC, which organizes protests on the ground in Syria, said the outcome
showed once again a failure to adopt a common position. Iran said the
Geneva meeting was unsuccessful.

1260

Turkey, which attended the Geneva talks, scrambled fighter jets after
Syrian helicopters flew close to its border. Six F-16 warplanes took off from
airbases in south Turkey. In weekend violence, more than 140 people were
killed across Syria, at least 21 people were killed July 1, including five in the
province of Hama.
On 2nd July, The Syrian government and opposition are carrying out
serious rights violations including attacks on hospitals, UN human rights
chief Navi Pillay said after briefing the UN Security Council. Pillay renewed
an appeal for the 15-nation council to refer the Syria conflict to the
International Criminal Court but acknowledged that it would be a political
decision.
Arab states and Turkey urged Syria's divided opposition to unite and
form a credible alternative to the government of President Bashar al-Assad,
but rifts swiftly emerged at talks in Cairo. The unity calls were made at the
opening of a two-day meeting organized by the Arab League to try to rally
Syria's opposition, which has been beset by in-fighting that diplomats say
have made it tougher for the world to respond to the crisis.
The talks included about 10 groups, including the leading Syrian
National Council (SNC) which has itself faced splits in its ranks, plus other
activists and Syrian individuals. The attendees ranged from secularists to
Islamists, and differences in their views appeared early in the two-day talks.
The foreign minister of Turkey, which has turned against Assad,
delivered some of the strongest criticism of Syria's government but also
urged the opposition to rally together. Meanwhile, the Syrian army kept up
its bombardment of rebel neighbourhoods of the central city of Homs, while
violence killed at least 30 people across the country.
Next day, President Assad said he regretted that his countrys defence
forces shot down a Turkish fighter jet on June 22, but still insisted the plane
was in Syrian airspace, meanwhile the troops pounded several rebel-held
districts in the central city of Homs, as the death toll mounted across the
country. In total, at least 48 people were killed, bringing to more than 120
the death toll over two days.
More than eighty Syrian soldiers defected to Turkey; they included
one general and other senior officials. The latest defections bring to 14 the
number of Syrian generals to have crossed into Turkey, abandoning the
regime of Syrias President Bashar al-Assad. The latest group of soldiers
crossed into Turkey at Reyhanli, in the south of the country.

1261

On 4th July, Russia denied talking with Washington about offering


exile to Syria's president, as the chief UN observer said world powers are
talking too much and not doing enough to end the Syrian conflict. China said
its position on plans for a transition of power in Syria remained firm, and
that Beijing wanted the spirit of the Geneva agreement to be followed.
The Syrian Observatory for Human Rights said at least 19 more
people were killed in violence across the country. Meanwhile, Turkey's
military announced that the bodies of the two pilots of a Turkish jet downed
by Syria on June 22 have been found at the bottom of the eastern
Mediterranean Sea.
Next day, NATO Chief Rasmussen urged Syria to find a political
solution to the country's crisis and warned against any new incidents with
Turkey after a plane was shot down. It goes without saying that Turkey can
count on NATO. NATO is of course prepared to defend Turkey if it is so
necessary, he said. Meanwhile, China joined Russia in boycotting a meeting
aimed at coordinating efforts to stop the killing in Syria, where three senior
army officers were among the latest to be killed. In Beijing, foreign ministry
spokesman Liu Weimin said China would not attend the so-called Friends
of Syria gathering in Paris.
On the eve of the Paris meeting, Amnesty International called for an
immediate arms embargo on the Syrian government and for caution over the
supply of weapons to rebels. Amid growing reports of abuses by members
of the armed opposition, states should also stop arms transfers to the
opposition wherever there is a substantial risk that they are likely to be used
for war crimes or other human rights abuses, it said.
On 6th July, some 100 nations and organizations meeting in Paris
called on the UN Security Council to adopt a transition plan for Syria
backed by economic sanctions if the regime refuses to comply. The Friends
of Syria talks in the French capital took place amid news that one of Assads
most trusted inner circle had defected in what would be a major blow to the
regime as it battles the opposition.
Reportedly, General Munaf Tlass defected three days ago. Tlass, the
highest-ranking military officer to have abandoned the Assad regime, was on
his way to Paris to join his wife and sister, Nahed Ojjeh, widow of Saudi
millionaire arms dealer Akram Ojjeh. A general in the elite Republican
Guard charged with protecting the regime, he is the son of former defence
minister Mustafa Tlass, a close friend of Assads late father and predecessor,
Hafez.
1262

Next day, Kofi Annan acknowledged the failure so far of his mission
to bring peace to Syria. In comments published in French by the Le Monde
newspaper, Annan was quoted as saying that significant efforts had been
made to try to resolve the crisis peacefully and politically. However, the plan
had not been successful and perhaps there was no guarantee that it would
succeed. Meanwhile, more than 60 people were killed in violence.
On 8h July, Syria's navy fired live missiles from ships and helicopters
over the weekend, state media said on Sunday, in an exercise aiming at
demonstrating its ability to defend Syria's shores against any possible
aggression. Syrian television aired video of a variety of missiles being fired
from launchers on land and from ships and showed Syrian Defence Minister
in attendance.
US Secretary of State Hillary Clinton said Syrian opposition forces
were growing more effective and the sooner the violence ended, the better
were the chances of sparing Syria's government from a catastrophic assault
by rebel fighters. Clinton appeared to be referring to the possibility of Syrian
rebels launching such an assault on state institutions rather than to any
outside intervention.
Syrian President accused the United States of assisting gangs to
destabilize his country, in an interview with a television channel. The United
States is part of the conflict. They offer the umbrella and political support to
those gangs to...destabilize Syria, Assad told German public broadcaster
ARD. Assad also refused to step down.
Kofi Annan arrived in Damascus for talks with President Assad.
Annan had said Russia wields influence but I am not sure that the events
will be determined by Russia alone... Iran is an actor. It has to be part of the
solution. It has influence and we cannot ignore it. Ban Ki-moon renewed
his call on the UN Security Council for collective action to pressure Syria to
stop the violence.
Next day, Kofi Annan said he agreed with President Assad on a new
political approach to end Syrias 16-month-old conflict that he would put to
the rebels. Annan then traveled on to Iran in his quest to find a solution. Progovernment Al-Watan newspaper said the talks focused on the results of the
Geneva meeting. Meanwhile, at least 38 people were killed nationwide.
On 10h July, Kofi Annan feared that Syrian conflict could spread in
the region and he suggested seeking help from Iraq and Iran in resolving the
crisis. The US rejected the idea of Annan. Meanwhile, at least 21 more
people were killed across the country in incidents of violence.
1263

Next day, China backed Kofi Annans call for Irans role in settling
Syrian turmoil, while the rebels failed to sway Russia as it vowed to keep
supplying arms to Damascus. The West was preparing a new resolution to be
tabled in UNSC. Meanwhile, Syrian ambassador in Baghdad defected and
rebels claimed this was beginning of defections of diplomats.
On 12th July, at least 45 people were killed across Syria as Russia
threatened to veto a Western-backed UNSC draft resolution aiming at
imposing sanctions on Syria if it comes to a vote. Britain, France, Germany
and the US have submitted a draft text that would give Assad ten days to
implement UN-Arab League envoy Annans ceasefire plan or face sanctions.
Next day, Syrian troops with tanks and helicopters slaughtered 220
people in a central village, Opposition and rights activists said, prompting
calls for urgent UN intervention. Reports of the massacre came after UN
Security Council ambassadors held their first talks on rival Russian and
Western draft resolutions on Syria, with Moscow spurning calls for
sanctions.
Russia condemned the latest reported massacre in Syria as a bloody
atrocity which it blamed on forces that want to foment inter-ethnic conflict
and civil war. The Russian foreign ministry said it believed between 50 and
100 people were killed in the central village of Treimsa in an attack the
rebels and the government of President Bashar al-Assad have both blamed
on each other.
UN-Arab League envoy Kofi Annan told the UN Security Council on
Friday that the Syrian government had flouted UN resolutions with the
latest mass killings in the country. UN leader Ban Ki-moon also told the
council that the killings in the village of Treimsa were an outrageous
escalation of the conflict.
The United States expressed dismay Friday at nightmarish reports of
a new massacre in Syria, saying the incident shows the importance of a
strong response from the United Nations. White House Deputy Press
Secretary Josh Earnest later said that the incident certainly does build
strong international support to ramp up pressure on Syrian President Bashar
al-Assad.
The US said that Syrian officials would be held accountable if they
failed to safeguard the country's chemical weapons after a report suggested
some were being moved out of storage. Some US officials feared the
weapons could be used against rebels or civilians, while others believed the

1264

material was being deliberately hidden from armed opposition groups or


Western powers.
A Russian ship that tried to supply attack helicopters to the Syrian
regime amid the bloodshed left its port with the same controversial cargo
aboard. But there was no immediate indication of whether the cargo vessel
would end up trying to deliver the equipment to Syria directly or drop it off
at an intermediate location.
Lebanon: On 7th July, a teenager died when a rocket hit her house in
the border region of Wadi Khaled and five others were wounded by rockets
and exchanges of gunfire. An eight-year-old Bedouin girl, who recently fled
with her parents from Syria, was killed. On 10 h July, border posts were
reinforced along Syria after shells fell inside Lebanon wounding several
people.
Yemen: On 30th June, the defence ministry reported that more than 50
civilians and 23 military personnel have been killed by mines sown by alQaeda since the militants were chased out of areas of south Yemen on June
13. On 7th July, Yemeni security forces shot dead three men in the south and
wounded seven others at demonstrations by southern separatists. A man was
shot by a sniper as he marched with several hundred protesters in Aden who
were trying to get into a public square in the Mansoura district of the
Arabian Sea port city. On 11th July, a suicide bomber blew himself up at the
entrance of a police academy in Sanaa killing at least six cadets and
wounded 20 others.

Africa
Mali: On 5th July, the UN Security Council passed a resolution calling
for sanctions against al-Qaeda-linked fighters in Mali blamed for the
desecration of the tombs of Muslim saints. But the council held back from
giving a UN mandate to a proposed West African force to help the interim
government to take back territory from the rebels in the north of the country.
West African nations have been pressing for UN backing for a
proposed intervention force they want to send to Mali, where a military coup
on March 22 was followed by the rebel breakthrough in the north of the
country. The hard line Ansar Dine (Defenders of Faith), which is allied to
AQIM has taken over much of northern Mali and carried out the destruction
in Timbuktu.
Libya: On 30th June, it was reported that tribal clashes in south Libya
claimed at least 47 lives and left more than 100 others wounded in the past
1265

three days. On 2nd July, Libya freed four envoys of the International Criminal
Court who had been detained after visiting a son of slain dictator Moamer
Gaddafi last month. The four, including Australian lawyer Melinda Taylor,
had been held in Zintan since June 7 after traveling to the hilltop town to
help prepare Seif al-Islam's defence. Taylor was accused of carrying a pen
camera and attempting to give Seif al-Islam a coded letter from his former
right-hand man, Mohammed Ismail, who is wanted by the Libyan
authorities. The other three detained ICC staffers are Taylor's interpreter
from Lebanon, Helen Assaf, and two colleagues.
On 5th July, Libya's outgoing National Transitional Council said that
Islamic law (sharia) should be the main source of legislation and that this
should not be subject to a referendum. The Libyan people are attached to
Islam, as a religion and legislation, NTC spokesman Saleh Darhoub said,
reading from a statement. As such the NTC recommends that the (next)
congress make sharia the main source of legislation. And this should not be
subject to a referendum, he added, speaking to journalists in Tripoli.
Hundreds of armed men calling for Islamic law and rejecting
democracy as Western had staged a demonstration last month in the eastern
city of Benghazi, which held the NTC's war-time headquarters. Well-armed
Islamist groups in the east, such as the Partisans of Sharia, oppose the vote,
saying that the conservative Muslim country needs no constitution other than
the Holy Quran.
On 7th July, voters cast ballots in Libyas first free national elections
after the ouster of dictator Moamer Gaddafi, but protesters disrupted some
polling in the troubled east. In Tripoli, voting got underway with queues of
people keen to elect the General National Congress, which will be at the
helm of the country for a transition period.
On the eve of the ballot, gunfire struck a helicopter in eastern Libya
killing an election worker. Also, five oil facilities were forced to shut down
by gunmen who want greater representation for the east in the 200-member
congress. And on Sunday, gunmen ransacked the office of the electoral
commission in Benghazi. The make-up of the congress has been a matter of
heated debate, with factions such as the federalist movement calling for
more seats.
The outgoing National Transitional Council (NTC) says seats were
distributed according to demographics, with 100 going to the west, 60 to the
east and 40 to the south. But factions in the east want an equal split and had

1266

threatened to sabotage the vote if this demand is not met. The authorities
dismiss such groups as a minority.
A total of 80 seats are reserved for party candidates while 120 seats
are open to individual candidates. Altogether, 3,707 candidates are running
in 72 districts across the country. From the parties, the coalition of ex-war
time prime minister Mahmud Jibril is seen as a key contender among
liberals, facing stiff competition from two Islamist parties Justice and
Development and Al-Wattan. The winds of the Arab Spring that ushered
Islamists into power in neighbouring Tunisia and Egypt may well bring the
same result.
On 11th July, Libyas wartime Prime Minister Mahmoud Jibril
extended his lead in vote count after elections, but the Islamist rivals
predicted their score would be boosted by allied independent candidates.
Observers said Jibrils National Forces Alliance was heading for a landslide
victory.
Egypt: On 30th June, Mohamed Mursi took the oath of office to
become Egypts first Islamist president and its first elected head of state
since Hosni Mubaraks overthrow last year. The ceremony took place in the
constitutional court rather than parliament. Mursi had wanted to take the
oath before parliament, but the military has disbanded the Islamistdominated house after a court order.
In an address at Cairo University following his swearing-in, Mursi
thanked the military for seeing through the presidential elections but
pointedly mentioned the elected parliament several times. He then set out
some of his international and domestic objectives, saying he would be a
servant of the people in a democratic, modern and constitutional state.
Internationally, he said Egypt would back the Palestinians and called for an
end to the bloodshed in Syria. The Brotherhood is vehemently opposed to
Syrian president Bashar al-Asad and supports the uprising against him.
Mursi is not expected to radically change his countrys foreign policy,
especially towards Israel, in which the military is expected to exercise its
clout. He repeated that Egypt would respect its international treaties, in an
allusion to its 1979 peace accord with Israel. We carry a message of peace
to the world, accompanied and preceded by a message of right and justice.
Earlier, in a meeting with newspaper editors, he pledged there would
be no Islamization of state institutions during his presidency. Meanwhile,
IMF chief Christine Lagarde has told him the lender stands ready to help

1267

Egypt, whose tourism-dependent economy took a battering in the upheaval


that accompanied and followed Mubaraks overthrow.
On 8h July, Egypts President Mohamed Mursi issued a decree
annulling the Supreme Courts dissolution of the Islamist-dominated
parliament. Egypts top court made the controversial move last month saying
certain articles in the law governing parliamentary elections were invalid.
Meanwhile, Obama has invited Egypts newly elected president Mohamed
Mursi to visit the US in September.
Next day, Egypts top court rejected a decree by President Mohamed
Mursi to reinstate the parliament it ruled invalid, setting the president on a
collision course with the judiciary and the military that enforced the ruling.
This came after Mursi decided to order back the Islamist-led lower house of
parliament a month after the court found certain articles in the law on
parliamentary elections to be invalid, annulling the house. His move also
angered some secular parties, which had slammed the Muslim Brotherhoods
monopolization of power since the start of the uprising.
On 10h July, Egypts dissolved parliament convened in defiance of the
powerful military and the judiciary, amid a legal crisis triggered by a
presidential decree to reinstate the Islamist-led assembly. We are gathered
today to review the court rulings, the ruling of the Supreme Constitutional
Court, which ordered the house invalid, speaker Saad al-Katatni said. I
want to stress, we are not contradicting the ruling, but looking at a
mechanism for the implementation of the ruling of the respected court.
There is no other agenda today, he added.
Katatni said that parliament had referred the case invalidating the
house to the Court of Cassation while the Supreme Constitutional Court was
looking into cases put forward to annul Mursis decree. The tension
prompted Hillary Clinton to call for negotiations. We urge that there be
intensive dialogue among all of the stakeholders in order to ensure that there
is clear path for them to be following, she said.
The Supreme Constitutional Court had rejected Mursis decree, saying
that all of its rulings were binding. All the rulings and decisions of the
Supreme Constitutional Court are final and not subject to appeal... and are
binding for all state institutions, it said. The court stressed that it was not a
part of any political conflict...but the limit of its sacred duty is the protection
of the texts of the constitution. Several groups and politicians had criticized
the courts June ruling as politically motivated. Next day, the statement

1268

issued from the office of Mohamed Mursi said the verdict of the court on
presidential decree that restored the parliament would be respected.
Sudan: On 5th July, rebels in Sudan's Darfur region freed more than
60 Sudanese soldiers who have been handed over to government authorities,
the Red Cross. It gave no details about how long the soldiers had been held
by the rebels. Last year, the government signed a peace deal in Doha with an
alliance of Darfur rebel splinter factions, but Minnawi faction and other key
rebels refused to participate.
On 7th July, the speaker of the legislature in Sudan's war-torn South
Kordofan state was killed in an ambush along with seven other people, as
rebels in the region denied any involvement. Ethnic insurgents of the SPLMN fought alongside southern rebels during Sudan's 22-year civil war, which
ended in a 2005 peace deal and South Sudan's independence on July 9 last
year. Sudan accuses South Sudan of supporting the SPLM-N, a charge which
foreign analysts believe despite denials by the government in Juba.
Somalia: On 1st July, gunmen killed 16 people and wounded dozens
when they opened fire and hurled grenades into two churches in the eastern
Kenyan town of Garissa. In apparently coordinated attacks, they burst into
churches targeting worshippers as they held Sunday prayer services in
Garissa, some 85 miles from the border with war-torn Somalia. It was not
clear who was behind the attacks, but Nairobi has blamed similar attacks on
members or supporters of Somalia's al-Qaeda linked Shebab insurgents.
Next day, four foreign aid workers kidnapped in Kenyas Dadaab
refugee camp returned safely to Nairobi tired but smiling after being
released overnight in southern Somalia following a short gunfight. We are
happy to be alive, we are happy this has ended, said Canadian-Pakistan
national Qurat-ul-Ain Sadazai as she and colleagues from Canada, Norway
and the Philippines arrived in Nairobi by Kenyan military helicopter.

Europe: On 5th July, five men and a woman suspected of preparing


terrorist attacks were arrested during early morning police raids across
London. Police said the operation was not linked to the Olympics, which
start in London on July 27, but was part of a planned intelligence-led
operation. During the raids, a 29-year-old man was arrested on a street in
west London while the others, aged between 18 and 30, were detained at
residential addresses in east and west London.
On 7th July, a woman was arrested in London on suspicion of
terrorism offences in an operation that saw six suspects detained earlier this

1269

week but which police say is not linked to the Olympics. The arrest was part
of an ongoing investigation in which five men and a woman were arrested.

VIEWS
Saudi Arabia
Why the spring didnt reach Saudi Arabia: Oil rent, Islam,
Western support. These are the three approaches often employed to explain
the House of Sauds resilience. Saudi Arabia is no doubt an oil superpower.
It holds 19.8 percent of worlds proven oil reserves and contributed 12
percent of global oil production in 2009.
No doubt oil rent has strengthened the Saudi state vis-a vis society.
Understandably, the analysis of oil-rich states in recent decades has been
largely dominated by rentier-state theory. An Iranian economist, Hossein
Mahdavy, is usually credited with developing the concept of the rentier-state
in relation to Iran prior to the revolution of 1979. (Although the term
rentier-state actually goes back to the early 1900s).
He defined rentier-states as countries that receive on a regular basis
substantial amounts of external rent [which are] rentals paid by foreign
individuals, concerns or governments to individuals, concerns, or
governments of a given country.
Mahdavys conceptualization of the Iranian state, carrying both
political and economic implications, has inspired host of studies on oil-rich
states. By and large, these studies link the rentier-state to the high possibility
of social stagnation and political inertia. The argument goes like this: The
source of state revenues is oil rent rather than exploitation of the masses
(taxation), thus the government in a rentier-state is not under any pressure to
introduce political reforms.
On the other hand, part of the population also enjoys an increasing
prosperity from oil revenues; therefore, mass movements for social change
are less likely to emerge. Furthermore, the government possesses huge
capacity to bribe or coerce pressure groups and thus forestall any
fundamental challenge. This is how a link is established between rentierstates and dictatorship.
No doubt oil wealth enables the rentier-states to allocate welfare, build
a limited social base and co-opt political rivals. Apparently, the Sultans
themselves believe that they can buy support. For instance, when the Arab
1270

Spring began to make headlines, King Abdullah clearly tried to bolster


stability through cash outlays. He announced huge spending packages, first
in December 2010, later in March 2011.
However, the rentier-state perspective has been criticized both from
the right and the left. For instance, an expert on Saudi affairs, Stig Stenslie,
in his recent book Regime stability in Saudi Arabia describes elite
integration as the stabilizing factor. He borrows this concept from
Norwegian sociologist Trygve Gulbrandsen: Elite integration...implies that
the different elites are unified in one way or another.
Stenslie places royal family atop the Saudi pyramid while in his view
the elite consists of Saudi religious leaders, tribal leaders, leaders of
bureaucracy, and business leaders. While rentier-perspective and elite
integration offer some interesting insights, both fail to correctly characterize
state and civil society in oil-rich countries. Hence the case of Libya cannot
be explained by such theories.
In order to understand why the Arab Spring has arrived in different
Arab countries in different ways, we need to understand the nature of class
formations and the makeup of the civil society in various Arab countries. For
instance, in the presence of relative democratic freedoms an otherwise
explosive Lebanon has not been a part of the ongoing revolutionary process
that has caught hold of many countries in the region. Similarly, in Tunis and
Egypt where political, parties, trade unions, relatively independent media,
professional bodies and limited possibilities to organize or agitate were
available, not only the outcome has been different from Libya and Syria but
also the resistance took the form of an intifada, not armed resistance.
In case of Saudi Arabia and other Gulf sheikhdoms, we need to take
into account two important factors Marxist scholar Adam Hanieh points out
in his seminal study Capitalism and Class in the Gulf Arab States.
Firstly, the way organic growth of the working class was stunted
through a spatial fix in the Gulf countries. The local labour was replaced
with imported workforce. Imported labour had no rights as imported workers
were not granted citizenship. Thus, the labour class was constituted through
its spatialization.
For instance, oil giant Aramco once the largest employment provider
in 1958 had 70 Saudi workers. In the early 1960s, 90 percent of the
workers in the economy were Saudis. By 1980, 50.7 percent of the
workforce consisted of migrant labor. Initially, labour was imported from
Arab countries, not just in Saudi kingdom but across the countries of Gulf
1271

Cooperation Council (GCC). But taming an Arab population was difficult


especially in view of nationalist Pan-Arab, socialist, and later on, PanIslamist fundamentalist currents. If Arabs constitute a nation, why should an
Egyptian be denied citizenship in Saudi Arabia?
Understandably, migrant labour in Gulf countries would get restless
when Arab world was swayed by radical currents. Hence, working class was
spatially fixed yet again. Arab workers were deported and replaced by an
even more disempowered labour from South Asia. By 2002, Arab proportion
of migrant workers would fall from 74 percent in 1975 to 25-30 percent in
the GCC countries. The first Gulf War (1991) provided a golden opportunity
to hasten transition towards South Asia. Presently, there are seven to eight
million foreign workers in the Kingdom of Saudi Arabia. They can be
expelled any time. In fact, many have been dispatched since the global
economic crisis hit.
Secondly, citizenship restricted to a tiny minority, moved up the
ladder taking jobs in higher-level managerial positions. This tiny minority
was provided with varying levels of access to the benefits accruing from oilrent. These ranged from cheap housing and education to massive economic
grants and business contracts.
The spatial fix and, simultaneously, the development of a domestic
capitalist class through the redirection of oil revenues to the leading
merchant families and other elites, enabled the Gulf regimes, including
House of Saud, to construct a powerful system of control over the resident
population, while consolidating and binding citizen allegiance to the ruling
monarch upon which an indigenous capitalism could develop.
It is, therefore, not lack of Facebook subscribers, it is the absence of
civil society institutions that is holding Arab spring back in the case of
Arabian Peninsula. (Farooq Sulehria, The News 3rd July)

Syria
Military intervention in Syria would be disastrous: US general
Wesley Clerk, the former supreme commander of allied forces in Europe,
once revealed that within weeks of the 9/11 terrorist atrocity the then
secretary of defence Donald Rumsfeld described how were going to take
out seven countries in five years, starting with Iraq, and then Syria, Lebanon,
Libya, Somalia, Sudan and, finishing off, Iran; after invading Afghanistan
of course.

1272

The 2003 occupation of Iraq, however, did not go according to plan,


and Israel was defeated in Lebanon in 2006. The downfall of US-Saudi allies
Zine al-Abidine Ben Ali of Tunisia and Hosni Mubarak of Egypt, raised
more alarms, leading to the NATO bombing of Libya.
Todays target is Syria, which is at the heart of what Jordans King
Abdullah called the Shia crescent: Lebanon, Syria, Iraq and Iran.
It is opposition by the crescent to hegemony by the US and Israel,
rather than religion or human rights, that worries Washington and its allies in
the region. For it wasnt very long ago that some regional rulers bankrolled
the so-called regime of former Syrian president Hafez al-Assad and had
good relations with Iran under the shahs dictatorship. Today it still backs
Iraqs former pro-US prime minister, Ayad Allawi against Nouri al-Maliki.
It is now obvious that a strategic reconsideration of US-Israeli
regional priorities followed big US losses in Iraq and rising American
popular opposition to US wars.
In his 2007 New Yorker essay, the journalist Seymour Hersh related
that senior US officials changed strategy not only in Iraq, but also in
Lebanon and Syria: In Lebanon, the administration has co-operated with
Saudi Arabias government in clandestine operations that are intended to
weaken Hezbollah that is backed by Iran. The US has also taken part in
clandestine operations aimed at Iran and its ally Syria. A by-product of these
activities has been the bolstering of extremist groups and are hostile to
America and sympathetic to al-Qaeda.
But it was deemed that Syria and Iran were more dangerous than alQaeda supporters. Iran has also officially pointed the finger at an Israeli
terrorist training base in Iraqi Kurdistan, which is a major route for
intervention in Syria.
US and NATO tolerance of al-Qaeda former terrorists was evident in
Libya. And with al-Qaeda officially declaring war on the Syrian regime, the
de facto US-al-Qaeda-Israeli marriage of convenience against the anti-US
crescent is quite startling. It is an alliance not too dissimilar to the one that
waged war on the communist infidels in Afghanistan in the 1980s.
Many Iraqis also believed that the US-led occupation forces followed
the same strategy by turning a blind eye to al-Qaeda-type sectarian terrorism
in Iraq, because it weakened patriotic resistance to occupation and
encouraged divisive sectarian conflict.

1273

As the threat to their rule from the uprisings moved ever closer,
engulfing neighbouring Yemen and Bahrain, headquarters of the US 5 th fleet,
the Saudi and Qatari rulers allegedly put their intense rivalry to one side and
moved to violently crush the Bahraini peoples uprising, and to undermine
the democratic protest movements in Yemen and the entire region. Backed
by the CIA and Turkey, their favoured means were throwing petro-dollars at
selected opposition factions and militarizing the conflicts. Meanwhile, the
Pentagon is fine-tuning US military options against Syria and the CIA is
organizing the Free Syrian Army (FSA) and backing the Syrian National
Council (SNC).
But what goes unreported in relation to Syria is that democratic
opposition organizations, at the receiving end of decades of regime
repression and probably representing the will of majority of Syrians,
strongly opposed the militarization of the protests. They argued that
militarization weakened the growing mass movement for radical democratic
change, left the door wide open for foreign intervention, threatened the
social fabric of Syrian society and helped Israeli forces occupying the Syrian
Golan Heights, where Israeli tanks are an hours drive away from Damascus.
They also draw lessons from the destruction of Iraq and the hundreds
of thousands of Iraqi refugees who fled Iraqs fires to Syria after the US-led
invasion.
However, the media here and in the Arab world, especially the
influential al-Jazeera TV, owned by the Qatari ruling family, act as the
cheerleaders for the pro-intervention factions of the SNC and the FSA,
founded in and logistically backed by NATO member Turkey.
All this sadly reminds me of the drums of the Iraq war and the media
circulation of made-up stories peddled by Blair, Bush and pro-intervention
Iraqi factions, while the anti-Saddam but anti-war Iraqis were marginalized.
There was the WMD big lie of course. But also the lies that Iraqi
soldiers tossed away babies from their incubators and that Saddam used
people-shredding machines. Murdochs Sun newspaper editor boasted:
Public opinion swung behind Tony Blair as voters learned how Saddam fed
dissidents feet first into industrial shredder.
Those who want NATO to humanely intervene say that Syria is not Iraq.
They are right, Syria will be much worse. They need to tell us what will
happen to Syrias 25 minority ethnic and religious groups, if some of the
Qatar-backed clerics come to power? (Sami Ramadani for Guardian,
reprinted in TheNation 4th July)
1274

Egypt
Mursi, a foxs tale that has all of Cairo abuzz: There is a fox in
Tahrir Square. Bushy tailed and thickly furred, he claims to hear everything.
And this is what he says: that 50.7 per cent of Egyptian voters cast their
ballot for Mubaraks former Prime Minister, Ahmed Shafiq, in last months
elections; that only 49.3 per cent voted for Mohamed Mursi of the Muslim
Brotherhoods Freedom and Justice party; but that the military were so
fearful of the hundreds of thousands of Brotherhood supporters who would
gather in Tahrir Square they gave the victory to Mursi.
Now foxes can be deceitful. But this is a well-connected fox and he
claims that Mursi actually met four leading members of the Supreme
Council of the Armed Forces (SCAF) in Egypt four days before the election
results were proclaimed and that he agreed to accept his presidency before
the constitutional court rather than the newly-dissolved parliament which
is exactly what he did on Saturday. He says there will be another election in
a years time, although I have my doubts.
Now behind this piece of Reynard-gossip is a further piece of
information shattering if true that the Egyptian armys intelligence
service is outraged by the behaviour of some members of the SCAF (in
particular, the four who supposedly met Mursi) and wants a mini-revolution
to get rid of officers whom it believes to be corrupt. These young soldiers
call themselves the New Liberal Officers a different version of the Free
Officers Movement which overthrew the corrupt King Farouk way back in
1952.
Many of the present young intelligence officers were very sympathetic
to the Egyptian revolution last year and several of them were shot dead by
government snipers long after Mubaraks departure during a Tahrir Square
demonstration. They admire the current head of military intelligence, soon to
retire and to be replaced, so it is said, by another respected military officer
with the unfortunate name of Ahmed Mosad.
I have to say that all Cairo is abuzz with the deal, and almost every
newspaper has a version of how Mursi got to be President though I must
also add that none have gone as far as the fox. He says, for example, that the
military intelligence services like some of the SCAF officers want a
thorough clean out of generals who control a third of the Egyptian economy
in lucrative scams that include shopping malls, banks and vast amounts of
property. Where does Mursi stand in relation to this? Even the fox doesnt
know.
1275

Nor is there any plausible explanation as to why Shafiq set off to the
United Arab Emirates the day after the election results were announced,
reportedly to perform the Umra in Saudi Arabia. There is much talk of a
court case against Shafiq going back to Mubaraks era.
One man who was not present at the Mursi-SCAF meeting, says the
fox, is Mohamed el-Baradei, but he may well be asked to be Mursis Prime
Minister. The Nobel prize-winner and former nuclear watchdog has
expressed a profound lack of interest in such a role. Baradeis appointment
would help Mursi keep the streets calm and allow Egypt to come up with an
economic plan to persuade the International Monetary Fund to loan the
country the money it needs to survive.
There is also talk of great tensions between the military intelligence
and the staff of the interior ministry, some of whom are fearful that another
mini-revolution will have them in court for committing crimes against
Egyptian civilians during the anti-Mubarak revolution.
There are persistent rumours that the plain-clothes baltagi thugs who
were used to beat protesters last year were employed to prevent Christians
voting in some Egyptian villages. Interestingly, when Sultan Faruq ran
through election irregularities before announcing the presidential winner
eight days ago, he said he didnt know who prevented the village voters
getting to the polling station.
All of which is quite a story. Not the kind that can confirmed but
Egypt is not a country which lends itself to hard facts when the Egyptian
press (a mercifully wonderful institution after the dog-day years of
Mubaraks newspapers) makes so much up.
But one fact cannot be denied. When he wanted to show that he was a
revolutionary animal, the fox held out his back paw. And there was a very
severe year-old bullet wound in it. (Robert Fisk for Independent, reprinted
in TheNation 3rd July)
A truce is declared and the revolution continues: Forget about
increased tensions between Egypts new President and the dark power of
the countrys wealthy generals. Tuesdays convening of parliament in Cairo
in violation of a Supreme Court decision was an understanding between
Mohamed Mursi and the army elite that the antagonism between them must
go no further.
So when Mursis Speaker of parliament, Saad al-Khatani (a
Muslim Brotherhood acolyte) told parliament, as relayed on state television,
1276

that they were gathered to review the rulings of the court (packed with exMobarak acolytes), he was speaking within the limits of legality.
The clue to all this came on Monday when Field Marshal Tantawi, the
head of the Supreme Military Council, explained that his decision to
dissolve the Brotherhood dominated parliament had merely been an
executive decision of the constitutional courts ruling. He was followed
almost at once in identical words by Mursi who claimed that he was
issuing an executive order to convene the body. In other words, everyone is
now waving flags of truce.
The good news is that the new head of the court, appointed last week,
is a good guy, known for his probity and anti-elitism. So there is a way out.
And over all these theatricals, of course, towers the street, the
hundreds of thousands nay, millions whom the army and ex-Mobarak
satraps in the court know Mursi can call upon to demand his rights. Some
may call this a balance of power, but there are a few dark shadows around.
Not the least of these sadly was the absence at the sitting Tuesday of
some secular and independent members of parliament who, outnumbered by
Islamists in the assembly, had no great desire for the dissolved parliament
to return.
By their abstention, they aligned themselves unwittingly, as the
phrase goes with the ex-Mobarakites they fought so courageously during
last years revolution against the dictatorship. If the real revolutionaries lost
the parliamentary elections (which they clearly did) then why do they now
oppose the very democracy they struggled for, just because Egyptians
preferred Islamist members of parliament to non-Islamist ones?
Either way, the 508 seat parliament is clearly back in business, albeit
symbolically, and the first 10 days of Mursis presidency have passed off
peacefully so far proving (touch wood) that counter-revolutions dont
always have to be successful. Tensions lowered then, for now. (Robert
Fisk for Independent, reprinted in TheNation 12th July)
This is Mursis first test of purpose: Suddenly the Islamist
movement is adopting the constitution first principle that it long opposed.
Mursis decree implies that new parliamentary elections be held after the
country has approved by referendum the constitution, which is currently
being drafted by a Brotherhood dominated constituent assembly.
Some pro-Mursi commentators argue that the Supreme Courts judges
are Mubarak appointees biased towards the toppled president and his regime.
1277

Its true. The courts rulings have little credibility, and are expected to be
tailored by the interests of the pre-revolution regime and the Mubarak
appointed members of SCAF.
So it is hard to believe the so-called liberals among Egypts elite who
claim that they oppose Mursis decision because they respect the Supreme
Court and the rule of law. Many of those liberals constantly attack the
Muslim Brotherhood in the name of democracy and liberalism yet prefer the
generals to elected civil politicians. Supporting the junta and agreeing that it
be given immunity against civil accountability is nothing short of an outright
contradiction of democracy and liberalism.
But with neither the Brotherhood nor the liberals entirely credible in
their claims, it is unfair Mursis supporters to immediately accuse anyone
who is wary of the presidents recent political manoeuvres of being antirevolution and pro-SCAF.
To some, Mursi appears to be a hero, challenging the generals
constitutional declaration issued last month giving their military council
legislative powers. But the declaration also makes the armed forces a state
within state, because it grants SCAF only the right to decide on issues
relating to the armed forces, including their budget. So far, Mursi has not
touched that part.
For now, Egyptians should continue to give him the benefit of the
doubt, at least till the 100-day mark he set for himself in the presidential
election campaign. If he defies SCAF and backs the revolutions goals
including the ones that are not related to the Muslim Brotherhoods quest for
power and if he supports democratic civil rule and civil supervision above
the military, only then can he be reckoned as being truly revolutionary.
But if he only helps the Brotherhood acquire more power it now has
executive and legislative powers, as well as considerable control over the
drafting of the constitution then he and his movement will be seen as
almost a duplicate of Mubaraks infamous National Democratic Party. (Sara
Khorshid for Guardian, reprinted in TheNation 12th July)

Sudan
The dream of South Sudan is fading fast: Making South Sudan a
success demands the worlds attention, commitment and engagement this
has been noticeably absent. The international community must do more than
pay lip service to South Sudans development. It is not too late for concrete
action to bring the country back from the brink.
1278

International aid programmes and loans should be linked to the


development of genuine democratic institutions, tackling rampant
government corruption and respect for political freedom and human rights.
The international community should stop ignoring the resolution of
the issues left over from the Comprehensive Peace Agreement, with the two
countries brought to the negotiating table to agree on their border, how
South Sudan should transit oil across North Sudan to the only available
option of Port Sudan and resolution of the issue of citizenship for the South
Sudanese living in the north.
Following my absence from the parties celebrating South Sudans
independence in 2011, friends and family often asked why I would not
return to South Sudan immediately. Unlike those blinded by optimism,
opportunism, power or greed, I will not return until the government of South
Sudan demonstrates more accountability, transparency, respect for human
rights and genuine political pluralism. Unless the world acts, I do not expect
to return for some years to come. (Hakeem Legge for Guardian, reprinted in
TheNation 11th July)

America
The decade of war to come: In operations in Iraq, Afghanistan and
elsewhere, a failure to recognize, acknowledge and accurately define the
operational environment led to a mismatch between forces, capabilities,
missions and goals, reads a new draft report by the Pentagons Joint Staff.
In Decade of War: Enduring Lessons from the Past Decade of
Operations, the authors admit to failures in Iraq and Afghanistan and lay out
a series of lessons for the future, including more effective efforts aimed at
winning hearts and minds, integrating regular troops and special operations
forces, coordination with other government agencies, coalition operations,
partnering with the forces of host-nations and paying greater attention to the
use of proxy forces.
The report has created a buzz in military circles and has been hailed as
offering new insights, but the move away from ruinous large-scale land wars
to a new hybrid method of war-fighting, call it the Obama formula, has
been evident for some time. For the past several years, the US has
increasingly turned to special operations forces working not only on their
own but also training or fighting beside allied militaries (if not outright
proxy armies) in hot spots around the world.

1279

And along with those special ops advisers, trainers and commandos,
ever more resources are flowing into the militarization of spying and
intelligence, the use of drone aircraft is proliferating, cyber-warfare is on the
rise, as are joint operations between the military and increasingly militarized
civilian government agencies.
The Obama Administration has, in fact, doubled down again and again
on this new way of war from Africa to the Greater Middle East to South
America but what looks today like a recipe for easy power projection that
will further US interests on the cheap could soon prove to be an unmitigated
disaster one that likely wont be apparent until its too late.
The US war in Pakistan is a veritable poster-child for the Obama
formula. Beginning as a limited drone assassination campaign backed by
limited cross-border commando raids under the Bush administration, US
operations in Pakistan have expanded into something close to a full-scale
robotic air war, complemented by cross-border helicopter attacks, CIAfunded kill teams of Afghan proxy forces, as well as boots-on-the-ground
missions by elite special operations forces, including the SEAL raid that
killed Osama bin Laden.
Accelerating under Obama: The CIA has conducted clandestine
intelligence and surveillance missions in Pakistan, too, though its future role
may be less important, thanks to Pentagon mission-creep. In April, Secretary
of Defence Leon Panetta announced the creation of a new CIA-like
espionage agency within the Pentagon named the Defence Clandestine
Service (DCS). According to the Washington Post, its aim is to expand the
militarys espionage efforts beyond war zones. Pakistan is a probable
candidate for future deployment of DCS operatives. Africa is also likely to
see an influx of Pentagon spies in the coming years.
Interestingly, Decade of War devotes space to decrying the use of proxies by
adversaries and suggests that the Pentagon team with State Department
diplomats and US spies to break up sponsor/proxy relationships and disrupt
financing networks. As the report puts it; the military must oppose proxies
and surrogates through a global campaign that combines direct action and
law enforcement with indirect approaches that address the factors that fuel
support for terrorism. Proxies are, however, also a linchpin of the Obama
Administrations formula most especially when it comes to operations in
Africa.
Under President Obama, operations on the continent have accelerated
far beyond the limited interventions of the Bush years:
1280

Last years war in Libya.


A regional drone campaign with missions run out of airports and bases
in Djibouti, Ethiopia and the Indian Ocean archipelago nation of
Seychelles.
A flotilla of 30 ships in that ocean supporting regional operations; a
multi-pronged military and CIA campaign against militants in
Somalia, including intelligence operations, training for Somali agents,
secret prisons, helicopter attacks, and US commando raids.
A massive influx of cash for counterterrorism operations across East
Africa.
A possible old-fashioned air war, carried out on the sly in the region
using manned aircraft.
Tens of millions of dollars in arms for allied mercenaries and African
troops.
A special ops expeditionary force (bolstered by State Department
experts) dispatched to help capture or kill Lords Resistance Army
leader Joseph Kony and his senior commanders, operating in Uganda,
South Sudan, the Democratic Republic of the Congo, and the Central
African Republic (where US Special Forces now have a new base).
And a mission by elite Force Recon Marines from the Special Purpose
Marine Air Ground Task Force 12 (SPMAGTF-12) to train soldiers
from the Uganda Peoples Defence Force, which supplies the majority
of troops to the African Union Mission in Somalia only begins to
scratch the surface of Washingtons fast-expanding activities in the
region
The US is also ramping up missions in its near abroad. Since its
founding, the United States has often intervened throughout the Caribbean
and Latin America. During the Bush years, with some notable exceptions,
Washingtons interest in Americas backyard took a backseat to wars
farther from home. Recently, however, the Obama Administration has been
ramping up operations south of the border using its new formula. This has
meant Pentagon drone missions deep inside Mexico to aid that countrys
battle against the drug cartels, while CIA agents and civilian operatives from
the Department of Defence were dispatched to Mexican military bases to
take part in the countrys drug war.

1281

In 2012, the Pentagon has also ramped up its anti-drug operations in


Honduras. US forces have taken part in joint operations with Honduran
troops as part of a training mission dubbed Beyond the Horizon 2012; Green
Berets have been assisting Honduran Special Operations forces in antismuggling operations; and a Drug Enforcement Administration Foreigndeployed Advisory Support Team, originally created to disrupt the poppy
trade in Afghanistan, has joined forces with Honduras Tactical Response
Team, that countrys most elite counter-narcotics unit. A glimpse of these
operations made the news recently when DEA agents, flying in a US
helicopter, were involved in an aerial attack on civilians that killed two men
and two pregnant women in the remote Mosquito Coast region.
No withdrawal from the Middle East: Despite the end of the Iraq and
Libyan wars, a coming drawdown of forces in Afghanistan and copious
public announcements about its national security pivot toward Asia,
Washington is by no means withdrawing from the Greater Middle East. In
addition to continuing operations in Afghanistan, the US has consistently
been at work training allied troops, building up military bases and brokering
weapons sales and arms transfers to despots in the region from Bahrain to
Yemen.
In fact, Yemen, like its neighbour, Somalia, across the Gulf of Aden,
has become a laboratory for Obamas wars. There, the US is carrying out its
signature new brand of warfare with black ops troops like the SEALs and
the Armys Delta Force probably conducting kill/capture missions, while
white forces like the Green Berets and Rangers are training indigenous
troops, and robot planes hunt and kill members of al-Qaeda and its affiliates,
possibly assisted by an even more secret contingent of manned aircraft.
The Middle East has also become the somewhat unlikely posterregion for another emerging facet of the Obama doctrine: cyber-war efforts.
The recently revealed Olympic Games, a programme of sophisticated
attacks on computers in Irans nuclear enrichment facilities engineered and
unleashed by the National Security Agency (NSA) and Unit 8200, Israels
equivalent of the NSA. As with other facets of the new way of war, these
efforts were begun under the Bush administration but significantly
accelerated under the current president, who became the first US
commander-in-chief to order sustained cyber-attacks designed to cripple
another countrys infrastructure.
Even the State Department has, albeit modestly, become involved in
cyber-war efforts. In a category-blurring speaking engagement, Secretary of
1282

State Hillary Clinton gave a speech at the recent Special Operations Forces
Industry Conference in Florida where she talked up her departments
eagerness to join in the new American way of war. We need Special
Operations Forces who are as comfortable drinking tea with tribal leaders as
raiding a terrorist compound, she told the crowd. We also need diplomats
and development experts who are up to the job of being your partners.
Across the globe: Clinton then took the opportunity to tout her
agencys online efforts, aimed at websites used by al-Qaedas affiliate in
Yemen. When al-Qaeda recruitment messages appeared on the latter, she
said, our team plastered the same sites with altered versions... that showed
the toll al-Qaeda attacks have taken on the Yemeni people. She further
noted that this information-warfare mission was carried out by experts at
States Center for Strategic Counterterrorism Communications with
assistance, not surprisingly, from the military and the US Intelligence
Community.
Such efforts are exactly the type of integration the Pentagon touts in
Decade of War: Initially in Iraq and Afghanistan, interagency unity of
effort was a resounding failure, says the report. To avoid this in the future,
the report calls upon the Pentagon to regularly seed its people into other
agencies and also develop policies for greater inclusion of interagency
involvement in planning, training and execution to increase interagency
contributions, including expansion of their expeditionary capabilities.
Across the globe from Central and South America to Africa, the
Middle East to Asia, the Obama Administration is working out its formula
for a new American way of war. In its pursuit, the Pentagon and its
increasingly militarized government partners are drawing on everything
from classic precepts of colonial warfare to the latest technologies.
The United States is an imperial power chastened by more than ten
years of failed, heavy-footprint wars. It is hobbled by a hollowing-out
economy and inundated with hundreds of thousands of recent veterans a
staggering 45 per cent of the troops who fought in Afghanistan and Iraq
suffering from service-related disabilities who will require ever more
expensive care. No wonder the current combination of special ops, drones,
spy games, civilian soldiers, cyber-warfare and proxy fighters sounds like a
safer, saner brand of war-fighting. At first blush, it may even look like a
panacea for the national security ills of the US. In reality, it may be anything
but.

1283

After years spent fighting light-footprint shadow wars in Pakistan and


Yemen, both nations are, as the New York Times recently noted arguably
less stable and more hostile to the United States than when Mr Obama
became president. Not only have the initial test cases yielded failure, but
this new way of war holds great potential for unforeseen entanglements and
serial blowback. Starting or fanning brushfire wars on several continents
could lead to raging wildfires that spread unpredictably and prove difficult,
if not impossible, to quench. Decade of War: Enduring Lessons from the
Past Decade of Operations asserts that operations during the first half of
the [past] decade were often marked by numerous missteps and challenges,
while those in the second half featured successful adaptation to overcome
these challenges. Such statements and an implicit certainty that the
Pentagon can find the right formula for successful wars suggest that the
lessons have actually been less than enduring and a similar report with
similar conclusions may, indeed, be in preparation a decade from now.
(Nick Turse for Aljazeera, reprinted in TheNation 5th July)
Hate crimes on the rise: Muslims may make up fewer than one
percent of the US population, but they were nearly 13 percent of victims of
religious-based hate crimes in 2010, The Nation magazine of the US reports.
These crimes include intimidation, burglary, arson, vandalism, and
aggravated assault, writes author Laila Lalami, a Professor at the University
of California, Riverside. Whats more, they target not just Muslims, but also
people who are mistaken for Muslims Sikh men, for instance.
Its fair to say that we have in America today two systems of
citizenship: one for Muslims and one for non-Muslims, Lalami says.
Muslim citizens live under a cloud of suspicion, no matter what they do,
and no matter what they say.
Anti-Muslim attitudes have reached deep into the workplace. Muslims
make up only about one percent of the US population, but account for more
than 20 percent of religion-based filings with the Equal Employment
Opportunity Commission.
Mustafa Bayoumi, a Professor at Brooklyn College, city of New York,
writes in a related Nation article, that until a few years ago American
Muslims were regarded with suspicion of engaging in terrorist activities, but
the new narrative operates more along the axis of culture.
Simple acts of religious or cultural expression and the
straightforward activities of Muslim daily life have become suspicious, he
explains. (Indeed, the ACLU reports that anti-mosque activity has taken
1284

place in more than half the states in the country.)Bayoumi notes that
Muslims filing for divorce invokes the bizarre charge of creeping Sharia
and a dual-language Arabic-English high school in New York gets
demonized as a madrassa.
Incredibly, some of the anti-Muslim hatred is being stoked by the
federal and local law enforcement agencies. Last September, Wired broke
the story that the FBI makes wild charges about Muslims to the
counterterrorism agents it trains. Bayoumi accuses the FBI of spreading the
line that mainstream American Muslims are probably terrorist
sympathizersand that the religiously mandated practice of giving charity
in Islam is no more than a funding mechanism for combat.
Also, Bayoumi points out that the NYPD as part of its training
screened The Third Jihad, a film that claims that the true agenda of much of
Islam in America is a strategy to infiltrate and dominate the country.
The rise in hate crimes parallels the growing unfavourable opinions
the Americans hold of Muslims. A Washington Post/ABC News poll made in
October 2001 reported that 39 percent of the Americans held unfavourable
opinions about Muslims. That number rose to 46 percent in 2006 and 49
percent in 2010. At the forefront of this spreading prejudice, is a series of
well-funded, politically-motivated campaigns dedicated to painting Islam as
an inherently violent and savage religion, writes the award-winning author,
Jack Shaheen.
These campaigns are the work of a small group of wealthy donors,
misinformation specialists like Rush Limbaugh and Glenn Beck, and groups
of interconnected anti-Islam organizations: Steven Emersons Investigative
Project on Terrorism, Daniel Pipess Middle East Forum and so forth.
Together, Shaheen continues, they pound home the myth that
mainstream Muslims have terrorist ties, that Islam is the new global
ideological menace and that Muslims are intent on destroying Western
civilization.
One film that Shaheen scores is Obsession: Radical Islams War
Against The West brought out in 2005 by the Clarion Fund, a pro-Israel
non-profit organization. Steeped in hatred, the filmsfrighteningly
Islamophobic messagedraws parallels between Islam and Nazism.
Clarion persuaded major dailies to distribute 28 million DVD copies to their
readers without charge, he writes in The Nations July 2 issue.

1285

Bayoumi warns: Anti-Muslim attitudes are not merely absorbed by


law enforcement and the military or reflected on the airwaves and in the
words of our politicians. Rather, the idea that American Muslims are to be
feared or loathed or excluded from the US is being actively promoted.
(Sherwood Ross, TheNation 6th July)
A dreadful course: A curriculum for US military officers at the Joint
Forces Staff College in Norfolk, Virginia, was reportedly meant to inculcate
the spirit to prepare for total war against Muslims, including taking war to a
civilian population wherever necessary. The syllabus was being taught five
times a year with one week duration of each since 2004. So far,
approximately 800 officers have been qualified.
The comments on the historical precedents of Dresden, Tokyo,
Hiroshima and Nagasaki came from instructor Lt Col Matthew Dooleys
presentation entitled A Counter-Jihad Op Design Model. The lecture made
specific mention of targeting the Muslim holy cities of Makkah and Medina
in Saudi Arabia. In view of the protests from the Muslims throughout the
world, the Pentagon suspended the course in late April 2012. The teaching in
military course was contrary to the vows and repeated assertions by the US
officials over the past decade that America is at war against Islamic
extremists, not the religion itself.
Although conflicts and contradictions between Islam and Christianity
date back to more than 1,000 years It was quite natural that when voices
to fight Islamic fundamentalism were raised, radical Islamic groups
retaliated and started stigmatizing the West. There is a perception that after
defeating communism, the USA and the Western countries were looking for
another enemy to keep them united; hence, they created the myth of the
clash of civilizations. And the target was now Islam.
Anyhow, the crimes committed by the US soldiers in Afghanistan
the homicidal rampages, the desecrations of corpses and the burning of Holy
Quran are not the acts of crazy and misguided people, as the Obama
Administration and the media make us believe. In fact, whenever American
leaders need the support of the Muslim world, they start eulogizing Islam,
and once the objective is achieved they start demonizing it
Indeed, Muslims are the target at present. However, the USAs
aggressive foreign policy and coercive engagement all over the world belie
its commitment to global peace, multilateralism and impartiality. The
superpowers strong economic base and invincibility of military strength

1286

have made its politicians arrogant, who believe in controlling the worlds
resources and advance its interests through fair or foul means.
Today, the American leadership continues its wars against other
countries to win over the voters The US having started the war on terror
has not only managed to demonize Islam, but also given carte blanche to the
world to target its followers by projecting them as extremists. But coercive
diplomacy will not help the US to achieve its objectives. Washington must
identify the enemy within and review its policies towards the Islamic world.
(Mohammad Jamil, TheNation 7th July)
Danger to Egypt: When the Western countries realize the
impracticality of direct aggression, they work on a long-term plan to
cultivate some stooges and bring them to power. In Iran they did this with
the Shah. When he was toppled by Dr Musaddaq and Dr Fatmi, the CIA
struck. The Shah was reinstated, Dr Fatmi was murdered and Dr Musaddaq
was dumped in jail for years. The Iranians then had to wait almost 25 years
for a messiah Imam Khomeini to free them from tyranny, corruption,
murders, tortures, etc. Similarly, the independence hero of Algeria, Ahmad
Ben Bella, was removed by an ungrateful army chief. The same fates struck
Kwame Nkrumah, Sir Abubakar Tafawa Balewa, Nasser, Sukarno, Qaddafi,
Saddam Hussein, Zulfikar Ali Bhutto, Gen Zia, etc., after their utility to the
West had ceased to exist.
Now they are after the blood of Bashar al-Assad. The Iranians are
lucky in that they have honest, God-fearing, proud leaders (and public).
Musharraf was thrust upon us and he served the US better than any
American could ever do. After his utility was over, we got Zardari and his
cronies.
Western governments cultivate the stooges in developing countries by
placing them in high posts in world organizations and then using them to
influence or sabotage the policies of their own countries. We saw how
Boutros Boutros-Ghali was first used as UN secretary general to look after
the interests of Israel and the West. Mohammad El-Baradei was another
stooge who safeguarded and promoted Western/Israeli interests.
As in the case of Iranians, history has now been kind to the Egyptians.
After almost 60 years of dictatorial rule, ruthless torture and countless
murders, they now have an honest, God-fearing Ikhwan el-Muslimoon
leader Mohamed Morsi as their new President. Despite army manipulations,
he succeeded in winning the elections which were, fortunately, fair. This has
caused ripples in Western capitals, especially in Israel. The earlier slavish
1287

policies of Sadat and Mubarak had turned this largest Arab country with its
vast resources, a rich heritage of culture and civilization, into a shameless,
honourless colony of the West. I hope Mr Morsi will be able to revive the
honour and pride of his nation and will revisit the various pacts with the
West and Israel to redirect them onto a mutually respectful footing.
Here I would like to elaborate further on the deliberate, cunning and
mischievous policies of the Western countries, especially that of Israel. The
moment the Egyptians gained strength through well-organized and
motivated campaigns, the Western countries, especially the Americans, sent
Mohamed ElBaradei to hijack the revolution. First he tried to become
president, but failed miserably. This did not cause him to give up and he
immediately formed a new political party to try to hijack parliamentary
elections. Luckily for the Egyptians, he failed in this nefarious design as
well. However, the Western countries have not given up their efforts and are
still finding ways and means to put this stooge at the helm of affairs in
Egypt. The Egyptians should be extra-cautious and protect themselves from
this, or any, US crony.
ElBaradei is about 70 years old and can still be active (and
mischievous) for another ten-odd years. He received his basic education
(law) in Cairo and then studied in Geneva and New York. In 1964 he was
appointed a member of the Egyptian delegation to the UN and it was then
that the US started taking an interest in him. They first had him posted as
head of the International Institute for Training and Research and then as
adjunct professor of law at New York University. Now he was well on his
way.
The Americans then had him posted as legal advisor to the
International Atomic Energy Agency (IAEA) at Vienna, which post he
retained until 1993. Then he was posted as assistant director general of the
IAEA until 1997. Being confident that he was their man, the Americans
made him director general of the IAEA. He succeeded Swedens former
foreign minister Dr Hans Blix. Blix had also played stooge to the US and
was instrumental (through his ambiguous and mischievous reports) in the
illegal war in Iraq and the horrendous slaughter of more than 100,000
innocent civilians. This killing still continues, to say nothing of what is
happening in Afghanistan. Nonetheless, President Obama still received the
Nobel Prize for Peace!
Whenever the IAEA team returned from inspection and search for
activities concerning the production of nuclear weapons in Iraq, Blix always
1288

reported: The Inspectors have not found any proof of a nuclear weapons
programme, but that does not mean that such a programme does not exist.
He did this at the behest of the Americans. ElBaradei was director general of
the IAEA for eight years, during which time he served US interests well. He
was given a green signal by the US for a third term after a meeting with
secretary of state Condoleezza Rice and he agreed to the American agenda
for Pakistan and Iran.
He was highly mischievous against Pakistans nuclear programme and
constantly issued false statements. He turned out to be more loyal than the
king and until the very last days of his tenure he constantly accused Iran of
not fulfilling its obligations to the NPT and UN Security Council
resolutions. It is a well known fact that Iran signed the NPT and allows
regular visits by IAEA inspectors to all nuclear sites. These inspectors have
never been able to find anything incriminating. Never once did he bring up
the need for inspection of Israeli nuclear sites or of their signing the NPT.
Never did he ask the Security Council to pass a resolution against the
surreptitious Israeli programme. An Iranian author, Mr Afrasiabi, in his book
entitled After Khomeini, mentions that ElBaradei intentionally ignored the
cooperation that Iran had extended to the IAEA and took upon himself the
role of forecasting the timeframe in which Iran would switch from a
peaceful programme to a weapons programme.
This US stooge is despicable to me for the harm he did to Iraq,
Pakistan and Iran. His behaviour was not only traitorous to these countries
but also to the Egyptian people. The Egyptian people must learn from our
deplorable and shameless situation. After Musharrafs utility had ended, we
had to endure even worse stooges. For the last 13 years we have been living
like a Western colony and being treated like serfs. We are being abused,
threatened and insulted and our sovereignty is being trampled almost every
day by drone attacks. Nonetheless, our leaders still receive them with open
arms and broad smiles.
ElBaradeis mission is to ensure Israeli interests are maintained by
keeping Egypt on the right track in keeping with the ambit of the Camp
David and Oslo Accords, which are against the aspirations of the Egyptian
public. The signing of these two shameless pacts has given Israel carte
blanch to attack, murder and kill Palestinians at will, destroy their buildings,
factories, power stations, etc., and put up blockades that stop even edibles
from reaching the Palestinians. Unfortunately, the oil-rich Arab nations have
only their own interests at heart and take no pride in the Ummah. They have

1289

never shown the muscle to force the West to put pressure on Israel to desist
from these brutalities.
Egypt is the cultural centre of the Arab world. What happens on the
streets of Cairo impacts on the whole Arab world. Almost all its important
fields of life and professions influence the rest of the Arab world in many
different ways. Because of this, the revolution of the people has sent alarm
bells ringing, not only in Israel, but also all over the Western world. I hope
and pray that Mr Mohamed Morsi will be able to live up to the aspirations of
the great Egyptian people. (Dr A Q Khan, The News 9th July)

REVIEW
The United States and its crusading allies from Europe, especially
Britain, France and Germany have come close to accomplishing their
mission in Syria. Arab Brothers of President Bashar al-Assad have gone an
extra mile in facilitating the Crusaders in his ousting from power.
In addition to those in power in Washington, London, Paris, Berlin
and some capitals in Arab World, Kofi Annan has come up to the
expectations of the Crusaders by introducing a six-point ceasefire plan that
has only helped in shifting blame on to Assad. While this happened the
international community with the help of Syrian neighbours kept funding
and supplying weapons to rebel forces.
The United States and NATO countries are now working on getting a
UN resolution passed that would fix a deadline for Assad for doing certain
things, which would surely be impossible for him to do. This would provide
a pretext for final push to the already stumbling Assad. However, Russian
and China have been blocking such UN resolution.
Iraq kept bleeding sporadically as result of the sectarian wounds that
have been split open by the Crusaders during their occupation of the country.
In the south of Arabian Peninsula, Yemen too faced the problem of sectarian
militancy, in addition to fighting against al-Qaeda.
In Egypt, Mohamed Mursi, newly elected President faced problems in
implementing his mandate because of stiff resistance from pro-West Army
leadership and other secular forces. Libya too is likely to experience similar
tussle as result of recently concluded elections.
14th July, 2012

1290

RIDING HIGH
Raja Rental informed the Supreme Court on 12th July through
Attorney General that the matter of writing letter to Swiss courts has been
referred to the cabinet and he would let the court know once the process of
consultation is complete. The apex court was gracious in giving him two
more weeks.
The time given prior to the hearing dated July 12 was utilized by the
gang of the Scoundrel to legislate drastic changes in contempt of court law
virtually making it ineffective against the top brass of the Executive. The
final phase of legislation was completed late at night on the eve of hearing of
the case of implementation of NRO verdict.
Other events of the week were overshadowed by the rumpus over this
legislation, which in any case appeared to have short life. This was
challenged in the Supreme Court soon after the Scoundrel signed the new
law. The apex court wasted no time, fixed July 23 as the date of hearing and
served notices to all concerned parties.

1291

NEWS
Power politics: On 9h July, the 12-member parliamentary
committee on appointment of CEC reached consensus on Fakharuddins
name out of six nominees as the head of the Election Commission of
Pakistan. The PML-N had nominated Justice (r) Fakharuddin, Justice (r)
Nasim Sikander and Justice Shakirullah Jan, who is a sitting SC judge and
serving now as acting CEC. Initially the PPP had rejected the candidature of
Fakharuddin and some of the senior PPP leaders shared his partys concern
saying that he was too straightforward. Some others said he was too old to
handle such a hectic job.
As many as 11 million voters could not be verified in the electoral
areas of their residence and 20.4 million people of 18 years and above are
not registered on the electoral rolls being finalized by the Election
Commission of Pakistan. This was claimed by Free and Fair Election
Network, an NGO that released the summary findings of its Voter List
Assessment.
On 13th July, President Zardari on the advice of the prime minister
assented to the appointment of Justice (r) Fakhruddin G Ebrahim as the chief
election commissioner (CEC) during a special signing ceremony held at the
Presidency. The president felicitated the members of the parliamentary panel
for reaching consensus on the name of Fakhruddin, demonstrating political
maturity and wisdom at this critical time.
Contacts between the ruling PPP and the opposition party PML-N for
a productive cooperation did not bear fruits, as none of the main political
players are ready to give in their positions. The latest engagement to chalk
out a mutually acceptable political road map did not go well, as the PPP top
leadership is adamant to accept PML-Ns demand for writing a letter to the
Swiss authorities and holding general election latest by October.
Parliamentary parties believed that the ruling PPP would not be able
to complete its mandated term and eventually give in to the demand for early
elections to steer out the country from prevailing political and economic
challenges. This time round, the PPP may not be in position to get elected its
new prime minister smoothly in case the apex court removes the incumbent
premier Raja Pervaiz Ashraf for noncompliance of its orders.
Next day, Nawaz Sharif accused the PPP-led coalition government of
destroying Pakistan for the sake of their personal interests. Addressing a
1292

press conference in London, he said democracy was being dealt a blow and
the Supreme Court attacked through the new contempt of court law. This law
has been made to hide corruption, he alleged. He called upon the
government allies to part ways with the PPP in view of its waging a war
against the Supreme Court.
Prime Minister said that he would not respond to criticism as
sloganeering does not work. The countrys interests should not be put on
stake for the sake of vested interests, he advised. We should not do politics
on the future of our next generations. He urged the opposition parties to
shun differences and come forward for holding of free, fair and transparent
elections in the country, saying that election was the only way to reach the
power corridors.

Rule of law: On 9h July, the joint investigation team constituted to


probe Arsalan Iftikhar case held a meeting at the NAB headquarters and
decided to hold the proceedings on a daily basis. While working out future
course of action in the light of documents and information received from
Malik Riaz and record obtained from the Supreme Court, the JIT expressed
its resolve to complete the inquiry into the matter as early as possible. It has
also been decided to formally seek international cooperation and assistance
from foreign governments and respective law enforcement agencies to verify
the documents and collection of evidence.
Next day, the PML-N and the governments most trusted ally, ANP
staged walkout when the PPP introduced 22nd Amendment Bill, 2012
concerning dual nationality in the Senate; even MQM, Raza Rabbani and
Aitzaz shoed reservations on the bill. Later, the bill was referred to the
Standing Committee without taking consent of the house.
Advisor to the Prime Minister, Rehman Malik announced that he had
tendered resignation from the Senate membership. He claimed that he had
resigned to show that the bill on dual nationality was not introduced to
favour him and after resignation he would campaign for the bill freely.
On 11th July, the NAB took into possession all the record relating to
the Rs47 billion tax waiver being given to all the five telecom companies
and of them were also summoned. Meanwhile, FBR chairman, Mumtaz
Hussain opted to relinquish the charge 20 days prior to his retirement.
The Public Accounts Committee sought legal opinion from the
Federal Law Ministry over the issue of Supreme Courts denial to present its
accounts before the committee. Committees additional secretary told the

1293

members that the issue of non-appearance was also raised in 2006, but the
Supreme Courts registrar had been appearing before the committee in the
past.
On 13th July, NAB Chairman gave go ahead to the prosecutor general
accountability (PGA) to get reopened three pending cases against Nawaz
Sharif, his brother Shahbaz Sharif and other family members. On all these
three cases Hudaibya Papers Mills, Ittifaq Foundry and assets beyond
known income sources a Lahore High Court (LHC) division bench, an
appellate authority, had barred the NAB (national accountability bureau) to
proceed against the accused and place all the record with the court.
After getting an affirmative nod from the NAB courts, the PGA would
contest the matter at the LHC Division Bench to argue against the plea of
Sharif brothers for quashing all the three cases and to get the stay order of
the court vacated so that these cases could be proceeded with in the trial
court. Nawaz and Shahbaz had moved the LHC Rawalpindi Division Bench
for overturning these cases against the family talking the plea that all these
cases were politically motivated and framed to victimize them.
The Supreme Court resumed hearing of the graft case involving Dr
Arsalan and Malik Riaz. Arsalan filed a review petition stating that the
courts orders are not being followed properly as the court did not order the
attorney general to forward the case to NAB. It shows that the attorney
general has interpreted the courts decision in a wrong way, the petitioner
stated.
He also alleged that the joint investigation committee formed to probe
the graft case is illegal and biased as its members have close links with
Malik Riaz. The petition also revealed that the head of the team Kausar Iqbal
owns a house in Bahria Towns Executive Lodges while SP Faisal Memons
links with Riaz are not hidden from any one.
The review petition has requested to make Federation, Malik Riaz, Ali
Ahmed Riaz and Bahria Town party in the case. Another miscellaneous
petition has also been filed requesting to make chairman NAB and Salman
Ahmed party in the case. Dr Arsalan, through a legal notice recently served
on chairman NAB, has questioned the impartiality and legality of the NAB
and its chief Admiral (R) Fasieh Bukhari.
Next day, Ali Musa Gilani filed an application in the LHC,
Rawalpindi Bench to get pre-arrest bail in the ephedrine case. Ali Musa
pleaded in pre arrest bail plea that despite a detailed probe, the investigator

1294

of ANF could not prove his involvement in the case, as they had no
substantial evidences against him.

Defiance of judiciary: On 9h July, PPP-led government got passed


a bill to amend the contempt of court laws, despite the resistance by major
opposition parties in the national assembly. The PML-N said the Contempt
of Court Bill 2012 was aimed at tying the hands of the Supreme Court so the
government could protect its corrupt leadership. The bill clearly satiates that
exercise of powers and performance of functions by a public office holder
of his respective office under clause(s) of article 248 of the constitution for
any act done or purported to be done in exercise of those power and
performance of those functions shall not amount to commission of contempt
of court.
Earlier, PML-N leader Khwaja Saad Rafiq opposing the bill said that
the passage of bill would tantamount to inviting undemocratic powers in the
country. The aim of the bill is to tie the hands of Supreme Court, he said,
adding that parliament is being used for confrontation with the judiciary so
his party would not support it at any cost. Is this bill being made for Malik
Riaz, he quizzed, adding that this was a direct aggression against the
judiciary.
Khurram Dastagir of the PML-N said that purpose of the bill was to
provide a free hand to the prime minister who is currently facing a hanging
sword over writing to Swiss authorities for reopening of graft cases against
President Asif Zardari. Another MNA Kashmala Tariq said the government
through this bill seeks to corner the chief Justice.
Next day, petitions were filed in the Supreme Court against Contempt
of Court Bill 2012 saying it was aimed at delaying the contempt
proceedings, saving specific persons and meant to frustrate the constitutional
provisions. The petitioners said that the bill/law was a violation of Article 2A, 4, 5, 25, 176, 203, 204 and 248. PPP leaders assailed top judges in the
Parliament accusing them of bias. The PML-N leaders in their speeches
warned the PPP-led government against inviting undemocratic forces in the
country by its acts and said that free and fair polls were the only solution to
the existing problems.
On11th July, the government got passed the bill contempt of court bill
from the Senate primarily to save its new Prime Minister from meeting the
fate of his predecessor. PML-N and JUI-F staged a walkout in protest against
the draft bill. Raza Rabbani and Aitzaz feared that the Supreme Court might
strike down the bill as some sections of it are ultra vires.
1295

Information Minister confirmed that Prime Minister has received


letter from Registrar of the Supreme Court asking about the letter to be
written to Swiss Authorities. Replying to a question during press briefing the
minister said that the government has never said the government has never
refused to implement NRO verdict, but the letter to Swiss Authorities cannot
be written under the Constitution.
Babar Awan observed that increase in contempt cases was because the
Supreme Court instead of considering the constitutional matters only was
focusing on contempt cases. He also termed contempt law unconstitutional.
He was pleading during the court proceedings against him in a contempt of
court case. Babar Awan was reminded by the court not to repeat things
which had been already said.
The Supreme Court sought replies from Dunya TV owner and two
anchors by July 25 on a petition against them over the planted interview of
Riaz Malik. The petitioner had urged the court to prosecute all the five
respondents under the contempt of court law with a plea to take appropriate
action against them in the interest of justice.
Next day, the Supreme Court told Prime Minister to write to Swiss
Authorities for reopening of graft cases against President Zardari in 13 days,
or get ready to face the consequences. The court said he might be forced out
of office like his predecessor as he too was bound to implement relevant
court directions regardless of any advice tendered earlier or in future.
During the hearing, the AGP informed the bench that he met with the
PM and he instructed to apprise the court that they took up the matter in a
meeting of the cabinet, which shall take a decision in accordance with the
provisions of the Constitution after the law ministry gives its views on the
issue. The court adjourned for an hour and on return issued the above order.
The Chief Justice, who is in Quetta, said that the judiciary will not
accept any unconstitutional step taken by the executive. Only law and
constitution will prevail in the country, he declared while addressing a
gathering at a dinner. He regretted that those issues which should have been
dealt by the executive were also being resolved by the judiciary. Meanwhile,
two more petitions were filed against Contempt of Court Act as President
Zardari signed that.
On 13th July, Supreme Court issued notices to the federation and the
attorney general on two petitions challenging the newly-made contempt of
court law. Lawyers movement leader Baz Muhammad Kakar and
Balochistan Bar Association General Secretary Manzoor Ahmed Bangulzai
1296

had submitted a petition challenging the unconstitutional Contempt of


Court Bill 2012.
Chief Justice observed that important questions had been raised about
the independence of judiciary in this petition that need consideration. After
hearing arguments, the Chief Justice remarked that if someone was not made
accountable over court verdicts then a court would pass an order in the
morning and it would be rejected in the evening. The court directed that all
the applications submitted in this connection be clubbed together for hearing
on July 23.
Supreme Court decided to indict Malik Riaz in contempt case on July
16. Appointing the Attorney General of Pakistan Irfan Qadir as a prosecutor
in the case, the bench issued him notice and held that in case of his absence,
deputy Attorney General will appear before the bench.
Riazs counsel Dr Abdul Basit pleaded his client came to Pakistan for
the hearing despite the fact that his medical treatment was underway abroad;
hence, he should be allowed to go back, adding medical check-up is
conducted before even court martial. Responding to this, Justice Jan
remarked this is court, nothing sort of court martial.
Basit submitted his counsel should be exempted from the court
appearance or the hearing be adjourned for at least two weeks. Directing him
to formally tender his application for the purpose, Justice Shakirullah Jan
observed the decision will be made after Malik is charged.
Qamar Zaman Kaira claimed that he had never said the government
would not write the letter to the Swiss authorities, adding that the
governments stance has been that writing the letter was unconstitutional.
Speaking to journalists outside Parliament House, Kaira said that he was
misquoted by a section of the media on his statement on the issue of writing
a letter to the Swiss.
Next day, it was reported that the PPP has strategize to keep
questioning the impartiality of the superior judiciary to degrade it in the
public eye. Lately, the party leaders have stepped up their efforts in this
regard and hurriedly-passed controversial contempt of court law was also a
move in that direction.

Provincial disharmony: On 10h July, Punjab Chief Minister


vowed to continue with his fight against inequality and will stand by any
province facing injustice. The PML-N will carry on its protest until the
federal government ends its load shedding discrimination, he told a public
1297

gathering. He said the PPP-led federal government has left the people in the
lurch.
Next day, the federal cabinet decided that there will be uniform load
shedding of electricity in all the provinces; indirectly accepting that Punjab
had been targeted by design till to date. The cabinet also vowed to ensure
power-supply during Ramazan at Iftar, Traveeh and Sehar time.
President Zardari formally asked National Assembly Speaker Fehmida
Mirza to form a commission to submit recommendation on creation of
Janobi Punjab province and revival of the provincial status of Bahawalpur.
The reference from Zardari came in the absence of Prime Minister and
Opposition Leader from the House and its session was abruptly adjourned to
avoid criticism from opposition benches.

Baloch militancy: On 9h July, two people were killed in a landmine


blast and firing incidents in Jaffarabad and Mastung while two dead bodies
were recovered from Hub. Irritated over the grim law and order in
Balochistan, Chief Justice said decomposed bodies started surfacing
whenever the bench arrived in Quetta to hear the case of missing persons.
He directed the Balochistan chief secretary to call a meeting of local
heads of all agencies and ensure safe recovery of all missing persons. When
the inquiry commission formed by the government on the issue of missing
persons was discussed, Chief Justice remarked it had done nothing and was
just eyewash. He said the law and order situation in the province was poor.
The court expressed its dissatisfaction over implementation of its orders and
said the performance of police was disappointing in the cases of recovery of
missing persons.
Next day, three people, including a teacher, were killed in incidents of
violence in Balochistan. Mufti Abdul Wahab, who was in the list of missing
persons, reached his home in Quetta. Chief Justice stated that recovery of
missing persons was necessary to end unrest in Balochistan. Frontier Corps
(FC) is our own force and for Gods sake its image be saved. There is
enough evidence in Balochistan about FC and we cant ignore these
evidences, he added.
During the hearing, Home Secretary Balochistan presented a report
before the bench about law and order situation of Balochistan and apprised
the court that 146 people were killed in Balochistan in the month of June in
terrorism and subversive acts and 101 of them belong to Quetta. Advocate
General Amanullah Kanrani said that now the target killing of people

1298

belonging to Sindh had been started in Quetta which was a new


phenomenon.
Chief Justice remarked in every third case the Frontier Corps name is
coming and ordered that missing person Abdul Malik should be produced
before the Bench. If he was not produced then commander of FC Chagai of
that time be asked to appear before the court when Abdul Malik was picked
up, he added. The FC lawyer Raja Irshad replied that every commander of
FC has been asked but they have said that no single missing person is in
their custody.
Chief Secretary requested for more time to look into these cases.
Justice Jawad remarked that the people should know the reality. We dont
know what is the internal problem of agencies, he said. The counsel of
Defence Department told the bench that Frontier Corps as a organization is
not involved in any kidnapping or disappearing of persons and some time
may be given to FC for internal inquiry.
On 11th July, a shop owner was killed and at least 23 other people
were injured when a remote-controlled bomb exploded near a bus carrying
employees of Suparco on Hub River Road. Lashkar-e-Balochistan, a sub
organization of the Balochistan Liberation Army was reportedly behind the
attack. In Quetta, two dead bodies were found. An ATC in Quetta issued
arrest warrants of Musharraf in Akbar Bugtis murder case.
The Chief Justice expressed dissatisfaction over progress in recovery
of missing persons. The court was annoyed over non-production of 14
missing persons, who were allegedly picked up from the Tutak area of
Khuzdar by FC in the beginning of 2011. The counsel of FC denied
involvement of FC troops in their kidnapping and he asked time for
investigation.
Justice Jawwad said we are sitting here to investigate the matter.
The counsel replied that it was not the job of the court to investigate, to
which the Chief Justice said we know our constitutional mandate and
responsibilities, you should not tell us what to do. Towards the end of days
proceedings the court ordered to bring missing persons or FC officials before
it.
Next day, the Supreme Court strongly resented over the failure of FC
Balochistan to comply with court orders regarding producing Abdul Malik
before it and the court also expressed concerns over the recovery of dead
bodies of seven coalminers who were abducted earlier. The counsel for FC
again requested the court for more time for investigation. Meanwhile, a
1299

Hindu trader was shot dead in Quetta and eight more coalminers were
abducted.
On 13th July, three persons were killed another injured in different
incidents of target killing in the province. The Chief Justice said there was
enough evidence against the FC or its involvement in whisking away the
missing persons in the province and ordered the IGFC to produce them
before the court within 10 days.
The Chief Justice told the IGFC the report prepared by a session judge
stated that Abdul Malik was picked by FC personnel and the commandant in
Chagai was accused in the case; therefore, he should explain the matter
himself. On this, Khattak said the FC had not detained any missing person
and the people arrested in a raid on a farrari camp in Totak were later handed
over to police. However, the court rejected the statement and remarked the
account was unacceptable.
At one point, Justice Khawaja argued with IGFC, saying, Contrary to
the FIR the FC people had lodged that an encounter took place and two
miscreants were killed, the medical report clearly mentioned that they were
killed with the bullets fired from a close range. He said these things could
not be ignored and the rogue elements in the force, if any, should be
exposed. The Chief Justice asked Khattak, Do you want that your officers
appear before the court and face the trial in the missing persons cases.
The FC chief assured the court that the sample the court had drawn in
some of the cases concerning missing persons was a starting point for him
and he would fully cooperate in the matter. Chief Justice Iftikhar after
listening to the arguments presented by Khattak warned him, Do not take us
to the point of no return when the law takes its due course and a
confrontation may start between the institutions.
Earlier, while hearing the case of two missing persons Kaho Khan and
Basra, the court asked several questions to the Balochistan home secretary
about the situation in Dera Bugti. Hadi Shakeel Ahmed Advocate, who was
assisting the court, said according to the tribal culture, if there was strife
between two tribes and any third tribe became a party, it would not be
armed. At this, the home secretary said the tribalism and tribal traditions did
not exist anymore rather there was now extremism and they did not believe
in traditions.
Hadi Shakeel said the government was responsible for the situation, if
tribal traditions had become redundant. On this, Chief Justice said, We want
complete implementation of Constitution in Dera Bugti. We are here and
1300

shouting so that the writ of Constitution and civilian government could be


restored. He said unrest gripped Dera Bugti after the martyrdom of Nawab
Akbar Khan Bugti and the situation would have not been so grim, if he was
not martyred.
On 15th July, three people, including a leader of PML-N and a settler
were killed in Khuzdar, Gwadar and Mastung districts. Meanwhile, coal
miners in Balochistan went on an indefinite strike to protest killings and
kidnappings of their colleagues. There are about 500 coal mines where
around 40,000 labourers work round the clock.
In a high-level meeting chaired by Balochistan Chief Minister, it was
decided to eliminate dens of violence breeders and bring them to justice by
utilizing all available resources as directed by the Supreme Court. The
meeting thoroughly discussed the overall law and order situation of the
province, particularly terrorism in Quetta, kidnapping for ransom and other
anti-social activities and approved a strategy to tackle these.
The meeting further decided to improve internal and external security
of the province and in this regard it decided to take joint steps by the
departments concerned. The Law enforcement agencies were directed to
increase the number of their personnel in city as well to enhance patrolling
to prevent criminals escape after any crime. It was also decided that mining
sector and other development activities would never be allowed to be
affected by terrorist activities and complete protection would be provided to
the people working in different sectors.

Turf war in Karachi: On 10h July, Baloch leaders accused MQM


of deeming itself as owner of Karachi. They said 140 Balochs were killed in
the city in last four months and the killings continued unabated. Meanwhile,
a PPP leader was wounded in attack by unknown gunmen. Next day, three
political activists were among nine people killed in incidents of violence in
the mega city.
On 12th July, four people, including an ANP activist and a journalist,
were killed in incidents of violence in Karachi. Next day, five persons were
killed in different localities of the metropolis during last 24 hours. Five
armed men looted Rs4.5 million cash from a private bank and managed to
escape on their motorbikes. The city police arrested 59 persons on different
charges and recovered 31 pistols from them during the period.
On 14th July, at least 14 more people, including one of the cousins of
MQM lawmaker Manzar Imam, were killed in targeted attacks in the city.

1301

Next day, five people, including two activists of the PPP and one from the
PTI, were killed in separate incidents of violence in the metropolis.
Pakistan Awami Tehreek leader, Ayaz Latif Palijo said that Sindhi and
Baloch people will not live in fear from existing threats. Palijo said while
addressing a big public meeting here in Gabol Park, Lyari. He said his party
wanted a Pakistan where orders were not taken from foreigners. Lambasting
the ruling Pakistan People's Party, he said Abdul Rehman of Lyari was
declared a dacoit and killed while Rehman Malik, who had run away after
leaving Benazir Bhutto behind in danger, was elevated to the position of
Interior Minister.

VIEWS
Power politics
Much needed assurance: With bad governance, corruption and
judicial defiance having virtually become the order of the day, the country
has, for quite some time, been rife with rumours that an unconstitutional
move to topple the present political order is just around the corner. While
this might have pleased those sections of society that have become
completely disillusioned with the wayward manner democracy in the
country has been functioning, the speculations of political upheaval have
created a feeling of trepidation of what might lie ahead among democracylovers. The media, both electronic and written, has, of late, been voicing the
sentiments of both the sides.
Against this background of gloomy expectations, Chief Justice
Iftikhar Muhammad Chaudhrys remark that the judiciary would be the first
to defend against any such act of adventurism has come as a breath of fresh
air for all those whom several bouts of autocratic rule have made wiser It
is fortunate that the present military hierarchy has, on more than one
occasion, publicly abjured any intention of stepping in the political arena.
And now that the Chief Justice has also spoken, it is time these
apprehensions were quietly buried. But that also demands of the ruling
leadership to set their compass in the right direction and not only start
implementing the court verdicts, but also set their house in order by cleaning
the mess of corruption and misgovernance and attending to the myriad of
problems the people are facing. (Editorial, TheNation 14th July)
Saving the system...Legal eye: The system is about to be derailed
we are told. We must act in a considered manner or else the fruits of
1302

democracy will evade us yet again. But who is primarily responsible for
saving the system and who should it be saved from? From the khakis who
are waiting in the shadows with bated breath after having hypnotized the
elected civilian government into failing? From the judges who have
deliberately paralyzed the government with their activism in order to emerge
as the new saviors? Or from our own elected rulers who have made a
mockery of the compact between the citizen and the state, who believe that
once elected they have a divine right to rule and misrule this country for at
least five years with no questions asked, and while holding a gun to their
own heads demand that everyone back of to save the system?
We are being told not to be overly critical of the government at this
sensitive juncture because that might endanger democracy. So we want a
democracy where one cannot exercise the fundamental right to hold to
account the government that one elected because it might benefit evil forces?
And will this self-imposed moratorium end automatically once our
democracy is hale and hearty?
Isnt this the same argument that is presented by the khakis to curb
criticism of their acts and omissions? Arent we told then that censuring
generals will undermine the morale of troops valiantly defending this nation
against enemies of all hues? Is the same argument presented by jaan nisars
who wish to stymie any criticism of the Supreme Court and seek
unconditional allegiance to it in the name of supporting rule of law?
The best argument in favor of the form of democracy being served to
us by the ruling PPP regime goes like this. We all know that this is probably
the most corrupt and incompetent government this country has ever seen.
Let us make our peace with this reality. When youve suffered for so long,
what does another few months matter. The ruling regimes commitment to
rule of law, constitutionalism and separation of powers might be nonexistent. Now that we know all this we must back of for there is a larger
good at stake: the survival of the system. But isnt this exactly what General
Musharraf told us on October 12, like all saviors before him? That the larger
good is the survival of the country and if in order to achieve that we need to
temporarily sacrifice the Constitution and rule of law, that is an acceptable
cost.
What is the value of rule of law and the need to abide by court rulings
that have attained finality? One prime minister and not two? Behind all the
legalese surrounding the NRO implementation case and the contempt
matters and all the rhetoric about democracy and sacrifices rendered and
1303

blood spilt to bring it back to life lies a simple truth: the ruling party has an
everlasting supply of sacrificial lambs that it will readily slaughter at the
altar of the court to prevent any harm from coming to the person of Asif
Zardari
Coming back to saving the system, let us criticize the khakis for
resisting public accountability of those responsible for security failures and
lapses during last year and for their imprudent position that rule of law is a
luxury that a country can ill-afford in a warlike situation, as evident from
their insistence on being judge, jury and executioner in Balochistan. Let us
criticize the Supreme Court for its inclination to take up populist causes and
more importantly for its failure to reform and build the lower judiciary. But
are these institutions really responsible for the total collapse of the system of
governance to be assembled and administered by our elected rulers? Is it not
true that the ruling regime is a beneficiary of circumstances that have all
been conspiring in favor of continuity of the system?
After the Musharaf martial law, PML-N, our lead opposition party,
made two resolves that it has refused to renege on: one, it will not jump in
bed with the khakis and will support the civilian government whenever the
latter comes under pressure on any issue relating to distribution of civilmilitary powers; and two, it will not accept back the Chaudhry-Q clan that
was the main protagonist of the Musharraf regime. With this twin position,
PML-N closed for itself the possibility of unification of all PMLs that could
have resulted in an in-house change, and also limited the role of behind-thecurtain-forces from holding the civilian government hostage to its whims.
We have a judiciary that was also stung by Musharaf in 2007. Since
its restoration, it has produced consistent jurisprudence that essentially ties
its own hands in endorsing an unconstitutional technocratic setup in larger
national interest. Its self-perception as peoples court and embellishment of
its presumed representative credentials can be questioned. But one cannot
identify a single judgment that creates a window for khaki adventurism. And
if there ever arises a doubt about the judiciary and the khakis playing ball,
there come out clear public statements reiterating that the SC will never
accept any deviation from the constitutional course.
For over half a decade the army has been fighting an active war within
Pakistan, one that it has never fought before. It has lost more soldiers than it
lost in all previous wars put together. And this is not our regular strategic
environment where Pakistan is playing against India. We are in the eye of

1304

the storm and all the global big boys have an interest in how the Afghan
endgame pans out.
It is not to say that military obligations leave no room for domestic
political games. But we have an army that has its hands full In this
backdrop, if the Zardari-led ruling regime cooks up further chaos that
produced unforeseen consequences, it only has itself to blame. While there
can be no alternative to democracy, if we hope that continuity of the
constitutionally mandated political process will deliver citizens of Pakistan
from their current state of misery, we ought to have an even more candid
conversation about the principles, institutional structures and values that our
democracy must espouse. (Babar Sattar, The News 14th July)
Fascism as democracy: Last time we were lectured about
parliamentary supremacy was when the Speaker of the National Assembly
overstepped her constitutional authority to save her partys Prime Minister
from disqualification, over-ruling the order of a seven-member Supreme
Court bench. And this time, the concept has been brought to life to defend a
patently undemocratic and unconstitutional law, rushed through Parliament
for the benefit of the new Prime Minister and those in positions of power.
Obviously, the one-eyed champions of democracy are more interested
in supporting the devious power-play emanating from the presidency in the
name of Parliament, rather than upholding a democratic ideal. Their
hypocritical posturing around the misleading concept of parliamentary
supremacy kicks into action selectively and they go all-out to defend the
Zardari regime with an antiquated theory that goes against the grain of our
Constitution.
The trichotomy of power envisaged by our Constitution has no room
for the absolute supremacy of Parliament that these one-eyed champions of
democracy harp upon. The Constitution is clear about the authority of the
judiciary to strike down any law made by Parliament that violates the
Constitution. It is the constitutional responsibility of the judiciary to
interpret the Constitution as well. And no elected government or Parliament
could take away these constitutional powers. Even if every political party in
Parliament decides to take away these powers, they could not do it through a
Parliament that has been elected under the existing Constitution. So
Parliament is restricted to act within the confines of the constitutional
framework. Only a Constituent Assembly elected with the mandate to
change this framework and come up with a new Constitution could
undertake such an exercise.
1305

The present hullabaloo around the concept of parliamentary


supremacy is clearly designed as a weapon against the independent judiciary
to make it ineffective. How could the judiciary fulfill its duty if it is rendered
powerless when it comes to the President, Prime Minister, Governors, Chief
Ministers and Ministers? The message is clear: those in positions of power
stand above the law and are under no obligation to obey the orders of the
courts. They are allowed to flout court orders, even ridicule and malign the
honourable judges without any fear of being punished. This is the latest
battle in Zardaris long war against the judiciary that has continued ever
since Benazir Bhutto was murdered and he took over the PPP. The various
ways in which he tried to stop the restoration of the sacked judges and
subvert it after restoration are all well known, regardless of the false
pronouncements about respecting the judiciary routinely made by the PPP
government.
The intellectual poverty of our so-called progressive intelligentsia
when it comes to issues of democratic governance is reflected in their biased
formulations that make no distinction between the ideals of democracy and
the fascistic order being fashioned by Zardari in the name of democracy.
They are willing to twist any concept to suit the power interests and justify
the power games played by their Machiavellian philosopher king. (Jalees
Hazir, TheNation 15th July)
Our political class: If Pakistans dysfunctional government
occasionally springs into action, it is usually to save Zardaris fabulous
wealth in foreign countries or prolong his hold on the presidency and pave
the way for the eventual succession of Bilawal. The frenetic legislative
activity seen last week was also aimed at these noble goals. In pursuit of
these objectives, the government blatantly abused the majority it enjoys in
parliament to bypass the usual rules of debate and tried to rush two
important bills without allowing even the semblance of a rational discussion.
The government succeeded in ramming through parliament the new
law on contempt of court which it hopes will save Raja Ashraf from the fate
that befell Gilani It is extremely doubtful that such a patently absurd law
would be upheld by the judiciary. Not only does it violate the right to
equality guaranteed by the constitution but it is also against the specific
provisions of Article 204 (2) which empowers the superior judiciary to
punish any person, without exception, who commits contempt of court.
The immunity granted to the prime minister by the new law might therefore
delay the day of reckoning for him, as would the extended period for

1306

appealing against a conviction for contempt of court, but will probably not
save his job.
While the government has for the moment got the contempt law it
wanted, its effort to lift the disqualification of dual nationals from election to
parliament has at least been slowed down The position of PML-N remains
ambivalent. After Ahsan Iqbals ingenious proposal that dual nationals
should be permitted to contest elections but should renounce their foreign
citizenship before taking up their seats, there have been other signals that the
party is flexible on this issue. Nawaz Sharif has said that PML-N is not
against the dual nationality bill but would like Zardari to develop a national
consensus on the issue. Nawaz was clearly not ruling out a deal that would
allow the constitutional amendment to go through in some form if
concessions can be obtained on other matters.
It has been speculated, mistakenly, that Zardari is pushing the dual
nationality amendment only to save the parliamentary seats of a few close
aides like Rehman and Farahnaz. If that had been true, he would have
accepted the ANP proposal to allow dual nationals to become members of
parliament but bar them from holding the office of president, prime minister,
armed forces chiefs, judges and senior civil servants. But Zardari turned
down this offer because he has plans not just for having Bilawal elected to
parliament but also making him prime minister or president, once he attains
the requisite age. And who knows, Bilawal might also take fancy to owning
a foreign passport, much like so many other members of his class
Like the PML-N, the PML-Q has also shifted its position, but the
other way round But the fact that so many of our politicians would like
our lawmakers to be given the privilege, obviously very precious to them, of
holding foreign passports is a good indicator of the true loyalties of much of
our political class. Quite a few of those who have not themselves acquired
foreign nationality in order to pursue their political careers have done the
next best thing: their spouses or children have acquired dual nationality.
While they expect the civil service and the armed forces to be 100 percent
loyal to Pakistan, as indeed they must be, many of our politicians have no
qualms in demanding that our lawmakers must be allowed to hold foreign
nationality. They do not even seem to realize the perversity of their logic.
Christine Fair, an American analyst who specializes on our region,
wrote an article recently on Islamabads many perfidious acts towards the
US. The article is full of toxic verbiage against Pakistan but it also has some
harsh truths on Pakistans internal problems. Her words bear repeating: Its
1307

political parties, she writes, are vast pools of corrupt patronage networks
that aggregate elite interests while disregarding the interests of Pakistans
struggling masses. Neither elected politicians nor military rulers have had
the political courage to right the nations fiscal woes by enforcing income
tax or imposing industrial and agricultural taxes on the ruling elites and their
networks of influence.
She is largely right, except for one thing. Our political class, which
consists mostly of tax cheats, looters of public money, exploiters of the
weaker sections of society and hereditary religious charlatans, has no right to
call itself the elite.
And it also has no business claiming to be the representative of the
civilians against an overbearing military. It only speaks for the interests of a
small privileged upper crust of the population, not the vast silent majority of
civilians. (Asif Ezdi, The News 15th July)
Capital suggestion...Election: What are the three things wrong with
us? One: men and women are getting rich through corruption not by hard
work. Two: money is flowing towards those who deal in favours not in
goods. Three: our National Assembly (NA) is making laws to protect
predators not the preyed (original work in this field was done by Ayn Rand,
the Russian-American philosopher and playwright).
Why nations fail? Answer: leaders of failing nations have three
characteristics greed, selfishness and ignorance of history (original work in
this filed was done by Daron Acemoglu and James Robinson in Why
nations fail).
Scenario 1: The PML-N wins the next election. How were men and
women getting rich between November 1990 and July 1993? What kinds of
laws were being formulated between February 1997 and October 1999?
Remember; one Ameer-ul-Momineen for 130 million Pakistanis, no
separation of powers, one man over everything else including the judiciary,
the legislature and the media.
Scenario 2: The PPP wins the next election. Public money, private
greed. Doubling of debt, printing of Rs3 billion a day, power emergency,
education emergency, financial emergency, nutrition emergency and
economic emergency. Plus, 120 million Pakistanis in multi-dimensional
poverty. But then may be the next PPP government will be benevolent,
caring and competent. Any takers?

1308

Scenario 3: The PTI wins the next election. Other then Imran Khan
the entire hierarchy belongs to status quo tried-and-tested politicians who
have been part and parcel of organising-the-entire-societal-infrastructure-inorder-to-extract-from-the-masses scheme of things.
Over the past 35 years, we have had eight elections. Of the 342 seats
in the NA 272 are general seats. Of the 272 generals seats nearly 200 have
rural constituencies. Of the 200 seats some 100 are in rural Punjab. And rural
politics is all about three things: dharra-bandi, langaar bazi and thanakatcherry (DLT). We have already gone through eight vicious cycles of
DLTs.
Election statistics from 1977, 1985, 1988, 1990, 1993, 1997, 2002 and
2008 stand witness that winning candidates in rural Faisalabad have always,
always belonged to one of the six land-owning classes Jatt, Rajput, Arian,
Gujar, Baloch or Kharal (original work in this field was done by Dr
Mughees Ahmed).
Elections can be held today, later this year or early next year, results
will be the same perpetual misery for Pakistani voters and more laws to
protect the predators. The election cycle would have to be broken in order to
make sure that Pakistani men and women get rich through hard work not
through corruption-and legislation protects the preyed from the predators.
Pakistans current course takes us all deep into failure, a complete
collapse or an implosion. The course must be corrected. Pakistani elections
merely defend the status quo long past the time when the quo has lost its
status. (Dr Farrukh Saleem, The News 15th July)

Defiance of judiciary
Courting contempt: All vital organs of state that stand in the way of
this governments insatiable loot and pillage or pose a threat to its
unconscionable and pernicious grasp on power are in grave peril. The wake
of destruction this lot has left behind in their four-and-a-half year rule is
devastating: the Higher Education Commission, responsible for exposing
fake university degrees of dozens of members of parliament leading to their
disqualification, stands disbanded to pave the way for the illiterate to rule
over the clueless.
FIA and NAB, responsible for investigating and prosecuting instances
of corruption stand de-fanged and neutered, as a consequence of which not a
single corruption case has been filed against any public official despite this

1309

governments global notoriety as the most corrupt in the countrys history


and a free-for-all is not only allowed but encouraged.
All traces of local government have been buried many fathoms in the
permeating rot by the governments obstinate refusal to hold local
government elections, despite courts orders to this effect. Instead,
handpicked and pliant civil servants and cronies have been appointed to run
local government affairs with no semblance of financial accountability.
Even parliament has not been spared: through multiple amendments to
the constitution, its fate has been vested not in the leader of the house, but
with the party leader, irrespective of the fact that the man visibly struggles to
string together just three coherent intelligible sentences, even in Sindhi!
Parliamentary resolutions are routinely overruled by cabinet, as in the
instance of reopening the NATO supply route. So much for the much
ballyhooed parliamentary supremacy!
The picture turns from bleak to downright catastrophic when you
factor in the mind boggling fact that highly profitable state institutions like
PIA, PTCL, Pakistan Steel and Pakistan Railways, which no one ever
imagined could ever incur losses, have been made to comprehensively
implode on themselves to satisfy the gluttonous appetites of those wielding
power.
The government has now turned its sights on the biggest thorn in their
sides: the judiciary. The thinking in the corridors of power appears to be that
these purveyors of constitutional jurisprudence are getting too big for their
boots. First they go and declare the NRO illegal and order the reopening of
the Swiss cases against Zardari, and then they send packing an elected prime
minister for refusing to follow their orders. They need to be shown who is
boss!
So we now have a draft of a constitutional amendment on contempt of
court provisions, already hurriedly passed by cabinet and due to be presented
in parliament soon, before another prime minister bites the dust, potentially
as early as July 12, when the Raja from Rawalpindi must tell the Supreme
Court whether or not he intends to write the letter to the Swiss authorities. It
is a desperate attempt to save him from the fate his predecessor could not
escape. It also bears out the governments poorly concealed resolve to
bringing the judiciary to heel to establish a dictatorship of the executive.
The proposed amendment reportedly provides that all actions taken by
higher-ranked government functionaries in the performance of their duties of
office shall no longer be liable to be called into question by any court as
1310

contempt of court. But what if a court orders a holder of public office to


perform a certain act, as was the case in the NRO ruling? Does disobeying a
direct order from the Supreme Court, ridiculing the court and casting doubts
on the judges integrity fall under the definition of the discharge of official
duties?
Besides, one article of the Constitution cannot give the prime minister
immunity from his obligations arising from another article. That would
throw up an anomaly which only the Supreme Court would have the
authority to address by interpreting the constitution. Article 190 of the
constitution mandates that
The proposed amendment amounts to not just legalizing but, in effect,
encouraging contempt of court and flies in the face of the concept of an
independent and effective judicial system provided for in the Objectives
Resolution. It is, therefore, in diametric opposition to the spirit of the
Constitution. How can the judiciary be independent and effective when
everyone from the president and prime minister to cabinet members,
governors and chief ministers are trying to browbeat it into submission?
The proposed amendment even gives ordinary citizens the authority to
rake muck against senior judges without fear of being prosecuted for
contempt of court, provided they supply evidence to back up their
allegations.
There is already a suitable venue to address complaints against judges;
the judicial council. There is no need to make a mockery of the whole
judicial system by putting judges on public trial in the media. It will make a
ridiculous spectacle of an institution which presently stands as our only line
of defence against an administration hell bent on destroying the country
The course this government is following seems designed to deliberately
induce a clash between parliament and the judiciary, irrespective of the
damage the system is likely to sustain, as long as their interests and those of
their gora sahibs are served.
The Supreme Courts NRO ruling and its order in the contempt of
court case against Gilani leave very little wiggle room. If the Raja from
Rawalpindi wants to stay in the Prime Ministers House long enough to
make a dent in the mattress, he will have to do some letter writing.
But his position is exceedingly precarious: if he writes the letter, his
own party will turn on him. If he does not, he is bound to follow in Gilanis
footsteps. Either way, the furniture in the PM House is unlikely to suffer
much indentation due to him.
1311

Some voices are being raised to advocate restraint to avoid extreme


political instability in the event of another prime minister being sent home
by the Supreme Court. What is most baffling is that people want the court to
exercise restraint, without expecting the government to abide by the laws
and constitution
The blame must lie squarely with those who created the conditions for
the heavens to fall, and then ultimately with the people who elevated such
charlatans to power. This wound is self-inflicted. We walked into this mire
with our eyes wide open. Had we possessed an iota of common sense so as
not to vote on the basis of misplaced sympathy but rather on political and
ethical merit, we would not find ourselves in this mess today. (Ameer
Bhutto, The News 10th July)
A ruinous course: Ministers Khurshid Shah and Farooq Naeks view
that the government was only removing certain lacunae in the existing law
and had no intention of picking up confrontation with the judiciary is simple
balderdash, considering the timing. Chief Justice Iftikhar Muhammad
Chaudhry has already preemptively stated, no doubt, with this law and the
contemplated dual nationality bill in mind, that any act of Parliament that is
repugnant to the Constitution would be struck down.
The bill has been challenged in the Supreme Court and with the court
mind already known after the Chief Justices remarks last week, it may not
be long before it is declared ultra vires. On the other hand, there is hardly
any likelihood that the PPP would review its decision that any Prime
Minister under the setup led by it would refuse to comply with the court
orders in respect of this issue that directly affects President Zardari. There
are fears that in the prevailing situation is that the process that led to the
disqualification of Mr Yousuf Raza Gilani would be drastically cut short in
the case of the present Prime Minister, however this is unlikely to happen.
However, the scenario speaks of the sad state of the ruling
leaderships craving favour with the President at all costs, even if that means
stooping to attempt a limiting of the authority of the Supreme Court that
might hurt the long-term interests of the country. It bears repeating that the
crossroads at which the nation stands today, challenged by a host of
problems, it is ruinous to indulge in the insane game of setting one
institution against another. This is no time for confrontation. To overcome
the current crisis-ridden situation, what we need is a harmonious and smooth
functioning of all the organs of the state, each pursuing its role defined in the
Constitution. (Editorial, TheNation 11th July)
1312

Contempt law: The fate of Prime Minister Raja Pervaiz Ashraf


hangs in the balance for the same reason that caused his predecessors
ouster: refusing to obey court orders and write the Swiss letter. The moment
of truth is July 12, the deadline the Supreme Court has given PM Raja to
declare whether or not he will write the letter. In a bid to save another prime
minister and not willing to take a chance with the courts mood and what it
considers its meddlesome forays, the government has done its own damage
control in the form of a damaging piece of legislation. The contempt bill
sailed through the National Assembly on Monday and for all practical
purposes provides immunity to top holders to flout court orders While the
government says the new law only attempts to rectify prevailing lacuna and
the aim is not to pick a fight with the judiciary, there is no denying that the
legislation has been framed solely to save the new prime minister from an
adverse order by the Supreme Court.
Indeed, when Article 204 already defines contempt of court and
empowers the court to punish any person who commits contempt, how can
the government move to create a situation in which political functionaries
can get away with contempt in the name of public office, good faith, and fair
comments? Is the government out to redefine the very notion that it is
ultimately the Supreme Court that can decide whether a law is contrary to
the Constitution and an action mala fide? The court can, and probably will,
strike down the contempt law for being extra-constitutional, so why engage
in such a useless exercise to begin with other than to send a message to all
and sundry that the government has the power and the numbers to get things
done its own way? We can now expect a new debate on whether or not the
new law is lawful, buying the government the precious time it so needs to
make it to the elections and also give it the ammunition to clutch even more
desperately to its martyr mantra. Even Aitzaz Ahsan has expressed
reservations over the bill; and a petition has been moved in the SC against it.
In all this ruckus, there will be one sore loser: Pakistan. Our very basic
system of the separation of powers is under question and the fundamental
notion of accountability for all a hallmark of democracy is being
replaced by a law that protects top cats from all scrutiny. The Pakistan
Muslim League-N and other opposition members protested against the bill in
the National Assembly and called it a black law. It wouldnt be unfair to
agree with them. (Editorial, The News 11th July)
This legislative atrocity: With an uninterrupted tradition of political
aridity and praetorian culture in our country, there is certainly something
fundamentally wrong not only with our patterns and standards of governance
1313

but also with our national character. The rulers alone are not to blame. The
people who tolerate these rulers bear the responsibility for the current scale
of corruption, lawlessness, bigotry, societal chaos and violence. We are
today a nation of double standards, dual nationalities, dual loyalties and
dual-office-holders.
Double Shah is a character that somehow best epitomizes Pakistans
personality. Not many of us would remember the famous case of a dual
nationality-holder and swindler of Gujrat familiarly known as Double Shah
which a few years ago dominated the national headlines for plundering
thousands of people in a big scam. He was arrested as he was preparing to
escape with billions of rupees that he had collected from his clients on the
assurance of doubling the amount within a couple of weeks. What happened
to the case? Nobody knows. Obviously there were highly influential people
protecting him.
We have a history of scams of all sorts and scale There have also
been scandals of an unprecedented nature with direct impact on the countrys
security and survival. The foremost is the notorious Memogate A judicial
probe has already determined the authenticity of the memo which now
awaits judicial proceedings to determine the responsibility for what could
perhaps qualify to be the most sophisticated version of a Byzantine intrigue
in which the state itself was seen to be conspiring against its own
sovereignty.
Lately, we saw another wily conspiracy in the notorious Malik Riaz
scandal against the judiciary and the media But these are not the only
conspiracies of their kind in our benighted land. We have seen umpteen of
them before. Thanks to Wikileaks, in recent years, conspiracies of all sorts
against the state and its people by our self-serving corrupt rulers with foreign
collusion are no longer secret
The government, it seems, has learned no lessons and is instead
planning to strike back at the Supreme Court through its brutal legislative
authority Two new constitutional amendments are now on the anvil, one
to curtail the Supreme Courts powers to interpret constitutional issues and
the other to legitimize the right of dual nationals to get elected and hold
public office now prohibited under Article 63 (1) ( c ) of the Constitution.
Both, if carried out, will amount to a legislative atrocity that must be
stopped.
Indeed, ours is a dismal record of constitutional and political
delinquency and unrelenting self-serving omissions and commissions with
1314

total insensitivity to the basic democratic norms and moral standards.


Besides the ingeniously camouflaged amendments in the Constitution, the
government is also contemplating changes in the existing contempt of court
law to provide immunity to the president, the prime minister, chief ministers
and ministers from contempt proceedings.
In other words, the scope of privilege as a prerogative is being
expanded by changing the law for the benefit of the few. This is not
democracy. This is the worst form of kleptocracy in which the government
exists only to increase the personal wealth and political power of the rulers.
Interestingly, our Double Shah culture extends to overseas people of
Pakistan origin with dual nationalities as potential candidates for double
utility high-profile positions in Pakistan. Fixated as we are in our colonial
mentality, we enviously look at anyone who goes overseas as an asset for
the country. We consider holders of foreign passport as the only panacea for
the countrys ills. But they are not. We have had a couple of them as
ministers and prime ministers. With no constituency of their own, they were
always at the beck and call of a military or civil dictator.
Legally and morally too, it is not fair If our dual nationals
genuinely have the urge and desire to serve Pakistan, they should use their
calibre and skills to excel in local politics rather than returning to their
country and getting lost in the dirty game of power and privilege. By making
place for them in elected assemblies and senates and holding influential
public offices in countries of their residence, they surely can look after the
legitimate interests of their own homeland more appropriately without any
conflict of interest or allegiance.
India normally doesnt allow dual citizenship but persons of Indian
origin settled abroad, even without their being allowed the Indian passport or
the right to vote or hold constitutional posts, are an asset to their country.
Not only in terms of remittances, trade expansion and acquisition of
knowledge and technology, but also in the form of high-profile public
positions they hold in the countries of their residence. (Shamshad Ahmad,
The News 11th July)
A big threat: Importing foreigners by the dozens to rule Pakistan is
one of the biggest threats to Pakistans stability that emerged in the past
decade. The ruling coalition parties, PPP, MQM, and ANP deserve credit for
inadvertently highlighting this flaw in our system. Key members of these
parties have ruled Pakistan for five years based on deliberately lying under
oath to the Election Commission of Pakistan by concealing their allegiances
1315

to foreign governments while pretending to be Pakistani citizens. This has to


be one of the biggest scandals in the name of democracy in Pakistan after the
billions stolen from this country under the same heading.
The constitutional amendment that ruling coalition parties plan to
introduce to allow foreigners to rule Pakistan is tantamount to playing with
the fundamentals of national security. The way these parties have propelled
this issue to the top of their policy agenda speaks volumes about the
competence of these parties to govern the country.
Since 2002, a large number of politicians have been imported from
mainly the United States and the United Kingdom The inept politicians
are trying to mislead the nation by invoking the rights of migrant Pakistanis
naturalized in their adopted countries. The naturalized Pakistanis have all
rights in Pakistan but cant and shouldnt have the right to occupy offices of
legislation and government unless they take a fresh oath of allegiance. In
Egypt, a leading candidate was disqualified because his mother was foreign
citizen, in this case American. In the UK, a future king cannot have a foreign
parent. Obama faced a lot of criticism and possible impeachment had his
birth certificate been foreign.
Our security has been a special target in recent years for anti-Pakistan
foreign elements. This makes the need to purge foreign implants in our
system a necessity The last thing Pakistan needs is presidents or
lawmakers who have taken the oath to renounce all allegiance to any
foreign state like President Zardaris press secretary and MNA Farahnaz
Ispahani had done in Washington DC and later concealed it while submitting
her papers to run for an elected seat in Pakistan. If you can lie about his, you
can lie about anything.
We need a host of amendments in the constitution but not the ones
proposed by the ruling coalition. We need a law to ban formation of
Pakistani political parties overseas, like Musharraf did with his APML. We
need a law to ban meetings of any Pakistani political party outside Pakistan.
MQM, PMLN, PPPP have done this. A law is required to ban anyone from
heading a Pakistani political party of he or she is not living in Pakistan. The
election commission should have the power to cancel party permits on these
and other violations. (Ahmed Quraishi, The News 11th July)
The new deadline: Hearing of the NRO implementation case on July
12, the Supreme Court decreed in unambiguous terms that the Prime
Minister would have to give a compliance report, by July 25, about having
written to the Swiss courts to reopen the graft cases against President Asif
1316

Zardari The situation, as it appears on surface, is rather bizarre but, in its


implications, is quite momentous. The government, somehow, remains
unmindful of the dire consequences of keeping the pot of confrontation with
the judiciary boiling. Some legal luminaries have warned of a repeat of the
fate of Mr Gilani if remedial steps are not taken. Retired Justice
Wajeehuddin Ahmad maintains that a situation akin to the one prevailing at
the time Mr Gilani has developed, but is of the view that this time round the
let-up in terms of time given to him would not available for Mr Ashraf to
benefit. Former Law Minister Khalid Ranja even thought that the SC might
direct the holding of fresh general election.
It is quite likely that during the time till July 25 when the PMs
compliance becomes due, the courts might pronounce on the petitions
against the new legislation on contempt. According to some critics, it would
be struck down taking off its so-called protective cover and exposing Raja
Pervaiz Ashraf to Mr Gilanis fate. Could one hope that the pursuit of the
unedifying course of institutional clash by the ruling leadership would be
changed to let the rule of law prevail and save the country from plunging
into another crisis? There are hordes of festering problems that cry out for
attention. (Editorial, TheNation 13th July)
The standoff: The Supreme Court of Pakistan has done what was
generally expected. A five-member bench hearing the NRO implementation
case has given Prime Minister Raja Pervaiz Ashraf just about two more
weeks On Thursday the attorney general of Pakistan tried to buy time,
again something that was generally expected. He sought a two-month
extension because he was proceeding on summer vacation. The SC did not
oblige him, nor did it show any compassion for the new PM. In fact, the
federal minister of information was summoned to appear and explain his
remarks which the bench thought had crossed a few red lines. All this
indicates an intensification of the confrontation between the executive and
the judiciary. The SC has already set a precedent by sending one PM home
and it may not have any reason to treat another differently. It was for the new
PM and the executive to learn some lessons from the Gilani debacle and try
to find ways to co-exist with a non-compliant judiciary, during the last few
months of their five-year tenure. That has not happened.
In fact it appears that confronting the judiciary has become the key
plank of PPP politics and its top leadership is looking at ways to exploit the
judiciary-government standoff to its advantage, by gaining support and
sympathies of the people The SC verdict and the two-week grace period
given to PM Raja Ashraf have come amid widespread speculations and fears
1317

that if this messy state of affairs continued, another military intervention


might be round the corner. No one, let alone the PPP, should want or work
for that end. The fact is that the present judiciary has declared repeatedly
that it would never allow or sanction another military intervention. This
should have made the PPP and other political parties a natural ally of a
judiciary determined to stop army adventurers. Sadly this has not happened
and the government devised a policy of confrontation with the judiciary,
which could ultimately end up giving extra-constitutional forces a chance to
intervene. Tragically, all this is apparently being done not for some higher
political purpose, but for a few million dollars in Swiss banks even though
it is almost certain that international immunity will also be available to PPP
leaders. Politics then has been reduced to a farce in which decisions based
on the larger national interest are being avoided like the plague. This may
greatly harm politics and political process, and ultimately the country as a
whole. (Editorial, The News 13th July)

YDA Punjab
End of a strike: Following a Lahore High Court ruling on Saturday
the Young Doctors Association (YDA) has called off their strike that began
in the middle of last month. The High Court had already ordered the
immediate manning of emergency centres, and the young doctors had
complied. The strike has seen growing acrimony between the YDA and the
Punjab government with arrests made and police action taken against
doctors. While calling off the strike, the doctors have demanded that their
colleagues who are still under arrest be released and the FIRs against them
dropped. The development means patients will at last receive the much
needed relief. They have suffered the most because of the strike as doctors
and officialdom have battled over the matter of better pay structures and
other facilities for the doctors. The concern of the sick was only that they
receive the medical attention they require, and this had been denied for far
too long. It comes as good news that they are going to get it now. However,
the YDA has issued a warning to the government that while the doctors
respect the orders of the LHC, the Punjab government must also honour the
courts verdict by coming up with an acceptable package for the doctors
within the two-week period laid down for this. So we can expect more
trouble and resumed suffering for hospital patients. This is not something to
look forward to, given the scenes we have seen in public hospitals in Punjab
over the past few weeks.

1318

A solution has to be worked out whereby the doctors legitimate


demands are met, or at least a process started for an ultimate solution to the
problems which led to the strike in the first place. Highhanded tactics seen in
hospitals during the strike, such as the strikers harassment of doctors
attending to patients, are unacceptable, but so is an attitude of dismissing the
doctors demands out of hand. We must bear in mind that Pakistan loses too
many professionals, especially doctors, to other countries. Young doctors
who carry out most of the work at hospitals are underpaid. The authorities
need to take measures to change the situation and keep our doctors at home.
There are too few doctors and paramedics operating at present, to say
nothing of medical experts, in proportion to the size of our population. The
doctors should be fairly treated, and not given the cause to abandon their
patients again. Besides, there has been incalculable expenditure on the
doctors education, and therefore it should be Pakistan which reaps the
benefit of their expensive training, not other countries. (Editorial, The News
10th July)

Baloch militancy
The dynamics of a crisis: Balochistan has clearly turned into a
security and governance black hole where multiple political, financial and
criminal interests either converge or play out against one another.
As for governance, it is hostage to political expedience revolving
around financial corruption, nepotism, tribal loyalties, ethnic affinities, and
criminal operations being committed by alleged allies of the military
establishment and the civilian government.
Almost six dozen gangs reportedly operate across Balochistan, often
patronized by ministers, bureaucrats, the FC and some tribal chiefs through
the Levies a loosely-knit militia force handpicked by the chieftains but
paid for by the government.
The province is awash with funds. Under the 6th National Finance
Commission Award, the province used to get about Rs43 billion from the
Federal Consolidated Fund. Under the 7th NFC award signed at Gwadar in
2009, the share of Balochistan doubled from 5.1 to 9.09 percent i.e., a net
transfer of about Rs83 billion which has been progressively increasing.
Over and above the NFC allocation, the Centre has been paying at
least Rs10 billion in gas royalty arrears, meaning that total funds transfer
from the Centre has meanwhile crossed the Rs100 billion mark. As far as
Islamabad is concerned, it has tried to accommodate the long-standing

1319

demands of Balochistan regarding funds like gas revenues (surcharge,


royalty and excise duty and wellhead gas price).
Unfortunately, a substantial chunk of this has landed with 58 ministers
and six MPs of the assembly as development funds. It is the first time that
the entire development budget has been distributed among all MPs. This
sum has, in fact, been jacked up to Rs350 million for the current year,
empowering each member of the Balochistan Assembly to use massive
financial resources and opening doors to unlimited corruption.
But security trumps democratic governance. At the root of the security
crisis is the establishments struggle to maintain peace and counter Baloch
separatists. To achieve these objectives, the Army/FC and Intelligence coopts politicians, the Levy force chiefs and informers. Besides, about half-adozen pro-government militant groups also help out the security forces.
These groups presumably act as eyes and ears, as well as termination squads,
for the security apparatus in the province.
The FC, in particular, remains in the eye of the storm. Mandated
originally to guard areas within 40kms of the borders, the FC now polices
even urban centres including Quetta and Gwadar, and has a free hand in all
critical matters ranging from governance to security, entailing the perception
that the army prevents genuine public representatives and promotes
subservient politicians only.
More alarming are the numerous allegations against the security
apparatus that range from pick, kill and dump to protection of extremist
and criminal groups. The Army/FC depends on influential civilians for
dealing with separatists and neutralizing their impact. The influential
persons are either tribal sardars or ministers who control the Levies in their
respective areas and handpicked by the chieftains themselves. While these
Levies which, despite their being state-funded, are practically private
armies of tribal chieftains are supposed to police their areas for law and
order.
At the same time they operate as criminal gangs and extortionists.
They are responsible for carjacking, extortion of road taxes, abductions for
ransom and forced cuts in public and private development projects. The
security forces know these malpractices but look the other way because they
are interested only in maintaining peace and countering nationalist militants.
Some times police has no option but to release people caught for
crimes because they turn out to be collaborators of the security
establishment. Cases abound in which police was told to set offenders free,
1320

thus eroding peoples trust in the police and giving rise to doubts about the
role of the police and security agencies.
Most of this criticism centres on the unlawful operations of the ISI
Identity Card-holders. Many Baloch and Pakhtuns say these ISI cardholders
operate with impunity, and even if caught following a crime usually go Scot
free after interventions from the FC or the intelligence. Senators such as Mir
Hasil Bizenjo and Dr Maalik Baloch have often been demanding that these
people and their protection i.e., the cards be withdrawn.
The perception is that the FC continues to call the shots in the
province and even Chief Justice Iftikhar Chaudhry had to hold this
paramilitary force responsible for at least one-third of the incidents of
missing persons (during the Supreme Courts hearing on law and order on
June 9 in Quetta).
If the Supreme Court proceedings in Quetta are any indicator, the
entire military-led security apparatus needs to come clean on a number of
charges including targeted killings, operations through sponsored groups and
protection of radical and criminal outfits.
The omnipresence and influence of the security apparatus are a source
of resentment for most residents of Balochistan, but there is little hope of
Balochistans demilitarization. Even the coalition led by Chief Minister
Nawab Aslam Raisani appears little interested in changing the status quo.
Withdrawal of the FC from cities has been a long-standing demand of the
Baloch nationalists.
The restoration of the A and B Areas something that had been
abolished under Gen Pervez Musharraf and the continued presence of the
FC in Quetta and other towns on the insistence of the chief minister are
proof of the politicians intention to maintain the status quo. The chief
minister, who visits Quetta only occasionally and briefly, also does not seem
to be interested in sending the FC back to barracks. This obviously absolves
him and his army of ministers and advisors.
As a whole, the Baloch nationalist insurgency provides a convenient
cover for the overarching role of the security apparatus in corruption, crime,
political and sectarian killings and human rights violations which are
practiced both by nationalists and religious non-state actors. (Imtiaz Gul,
The News 13th July)
Balochistan in throes of violence: A misperception has been created
in the minds of the general public by the national and international media, as
1321

well as human rights activists with the connivance of external hostile actors,
that a large number of innocent people are apprehended and detained by law
enforcement agencies. However, reportedly, most of the allegedly missing
persons have links with different terrorist organizations and due to fear of
being arrested have moved to the far-flung areas of Khyber Pakhtunkhwa
and Balochistan.
In addition, some have shifted to Afghanistan and other countries.
Most of them are not in contact with their families, who perceive them as
missing persons. In many cases, the dead bodies of those killed in
encounters are taken away by their accomplices, who, probably, bury them
at unknown places. While the families are not informed about their deaths
and they consider them under the custody of law enforcement/intelligence
agencies.
So far as Balochistan is concerned, it has been in the limelight for
quite some time because of the issues of missing persons and target killings.
Its problem is complex and intricate, not readily explicable or amenable to
easy solution and populist remedies. There have been target killings of
innocent civilians, teachers, professors and security personnel. While there
could be some suspects arrested by the police or intelligence agencies, one
should not rule out the possibility that a number of missing persons could be
in Afghanistan and India, or killed by foreign agencies, such as Balach Marri
was killed in Afghanistan.
The commission should not only locate the missing persons held on
various charges, but also trace them from ferrari camps and/detention centres
being run by Baloch sardars and insurgents. Investigation should also be
made to find out how many people have gone underground or to Afghanistan
for training. Also, the Pakistani media should act in a responsible manner
and should not present exaggerated figures to bring ignominy to the
country. (Mohammad Jamil, TheNation 14th July)

REVIEW
When the partners in coalition government were thumping their tables
inside the Parliament building after passage of a bill bringing changes in the
contempt of court laws, outside the building the long marchers protesting
against the opening of NATO supplies had started arriving in the D-Chowk.
Observers remarked that both the events suited Zardari regime.

1322

Tallat Hussain of Dawn TV, one of the few that dared providing
coverage to the long march, was of the view that the government
parliamentarians were celebrating events which were happening in and
outside the parliament building. The reason for celebrating the legislation
was understood and the one for rejoicing over what was happening outside
was explained by him.
Tallat said the DPC was sending a message to the West that served the
Zardaris cause: if they dont support his rule, this is what they would have.
Certainly, the message must have been read by the civilized world, which
must have strengthened their faith in relying upon Zardari.
Riding high over this trust reposed in him by the West, he attempted
delivering double blow at the Judiciary; the only adversary that stands in
his way. One of those, however, was neutralized at the planning stage; not by
any adversary but by the most reliable coalition partner. The ANP opposed it
primarily for the reason that the bill on dual nationality was the idea of Altaf
Hussain.
The other whip that was hurled came in the form of contempt of court
bill, which the government believes would clip the wings of judges that tend
to fly over executives head. However, this too is likely to be parried as a
host of petitions have been filed challenging this law and date of first
hearing has been fixed.
16th July, 2012

1323

IN THE REGION-XII
The apparent haste in which Zardari regime resumed the NATO
supplies surprised many observers. The coalition partners, however, were
mentally prepared for such a decision and some of those had started
worrying about undue delay. Even those who keep harping about supremacy
of the Parliament had publicly demanded resumption of supplies as Pakistan
could not afford tension with more than forty countries.
The resumption earned spontaneous response from those who were
against the ongoing war altogether or at least the manner in which it was
being conducted by the US high-handedly. DPC, PTI and PML-N showed
their resentment with intensity tapering from the former to the latter.
DPC organized a long march from Lahore to Islamabad and vowed to
continue their endeavour to block the supplies and it was followed by a rally
from Quetta to Chaman. PTI staged a rally in Peshawar and announced to
march on to Waziristan in September. The PML-N considering it as a
government-in-waiting, however, kept its feeling of resentment controlled.

NEWS

1324

Pakistan: On 9h July, gunmen martyred eight security men at a


riverside military camp close to Wazirabad. A military rescue party had
camped by the river Chenab to look for the body of an army major who was
flying a helicopter that crashed in the area in May. Unidentified militants
opened fire from a nearby bridge and then stormed the camp at 5:20am, after
a protest march against the resumption of NATO supply convoys passed
through the area. Roughly half a dozen gunmen who attacked the camp were
riding in a car and on motorcycles. The attackers fled the scene after the
incident. Nobody has so far claimed responsibility of the attack so far but
fingers are being pointed towards religious militants.
A key militant commander and right hand of fugitive cleric, Maulvi
Fazlullah, was arrested along with an aide and weapons were recovered from
their possession. DPO Ghulam Hussain said Qari Basit and his aide were
arrested in Kocgage area of Battagram.
Pakistan is doubling the capacity for NATO trucks at a key border
crossing to speed up processing for an expected influx of supplies for troops
in Afghanistan. Customs officials at Torkham border crossing said that work
had begun to expand dedicated parking space for NATO containers.
The two-day long march of Difa-e-Pakistan Council (DPC) ended in
front of the Parliament House with the firm resolve that the movement
would continue till the independence of the country from the clutches of US
policies. The leadership of the DPC showed their firm faith that they would
resist tooth and nail to stop NATO supplies as it would cause destruction
both in Afghanistan as well as in Pakistan. They also said the government
resumed the NATO supplies disrespecting the recommendations of the
Parliament and now efforts were underway to disgrace the judiciary as well.
The leaders delivering speeches at D-Chowk what they called and
resembled with Tahrir Square urged the people to wage Jehad against the
US policies and the democratic government and said it was the democracy
in its worst form in Pakistan and there was no harm if it was ousted through
undemocratic means. They also severely criticized the PPP-led civilian
government for toeing the US policies and at the same time condemned the
parties including PML-N and JUI-F and non-parliamentary parties PTI for
not joining the long march of DPC.
Maulana Samiul Haq announced that the movement will continue and
DPC will hold a long march from Quetta to Chaman from July 14 to 15 and
then Peshawar to Thorkam from July 16 to 17, both are routes of NATO
supplies. He also took oath from the people that they would again gather at
1325

the Tahrir Square if they were called and struggle for the protection of the
ideological boundaries of the country and imposition of Islamic system in
the country.
Hussain Haqqani denied his role in authoring and authorizing the
disputed memo sent by Mansoor Ejaz through Gen James Jones to Admiral
Michael Mullen. In his reply submitted through Advocate on Record
Chaudhry Akhtar Ali to Supreme Court, he said: No evidence has been
presented and recorded by the Commission, which establishes his role in
authoring or authorizing of the memo, which created no tangible threat to
Pakistans security as claimed at the time of the setting up of the
Commission to probe its origin, authenticity and purpose. The Supreme
Court office objecting to Haqqanis reply returned his statement saying it
does not bear clear signature of the former envoy.
He contended that the Commission has conveniently glossed over the
evidence of Mansoor Ejaz where he categorically admitted that he drafted
and sent the memo. Haqqani alleged that the bias and grinding prejudice of
the Commission is also reflected in several comments, they made against
him saying his personal history is misquoted and the Commission questions
that he has no property in Pakistan then how could he be appointed as an
Ambassador to US.
Criticizing the findings of the Commission, he said that it was created
as fact finding probe as an inquisitorial body but it conducted proceedings in
a adversarial manner. He said that the Commission has not made serious
efforts to find facts in the matter and was content with seeking statement
from Mansoor Ejaz and then demanding that Haqqani should appear in
person to refute the claims and assertions of Mansoor Ejaz.
Next day, Cameron Munter said that the reopening of NATO supplies
is not the end, as they have to accomplish more in the field of economic
cooperation and eliminate the terrorists present on the Pakistani soil. In an
interview to BBC he said that Islamabad was required to work closely with
the friends in Afghanistan so as to ensure cooperation in the Afghan war. On
11th July, Punjab Police claimed finding clues to the terrorist attack of Army
camp near Gujarat. The US refused to repatriate 32 Pakistanis detained at
Bagram prison.
On 12th July, Afghanistan based Taliban crossed over into Bajaur
Agency resulting in a clash with Quami Lashkar; 12 militants and two
volunteers of lashkar were killed in the encounter. The locals reported that

1326

more than hundred militants had crossed the border and the fighting
continued for more than 12 hours.
As a result of successful talks between a grand jirga of Sunai Darra
and militants in Kunar, the latter agreed to hand over bodies of 17 security
forces men along with a body of a local of Sunai Darra who were killed in a
cross-border attack 19 days ago. The bodies were shifted to Timergarh via
Shahi Pass.
Five militants stormed a hostel at dawn where trainees of KPK Prison
Department were residing in the heart of Lahore city. In ten-minute
commando raid the attackers killed nine policemen and wounded eight
others and escaped from the scene. The attack is perceived to be a reaction to
reopening of NATO supplies. Senators lashed out at Punjab government for
the killings.
The Supreme Court allowed Husain Haqqani to file an application
within three days, seeking exemption from appearing in person before the
court in the memo scandal case. The court also clarified that the memo
commission had only expressed its opinion and did not declare Haqqani a
traitor. It also said Haqqani was neither an accused nor a trial was being
conducted as the court would decide in this regard after hearing all the
parties. Earlier, Asma Jahangir, counsel of Haqqani had informed the court
on enquiry that her client could not come to Pakistan because her life was in
danger from ISI.
The Foreign Office said the US and Pakistan would sign the supply
route agreement in September when Hina Rabbani would visit the United
States. Meanwhile the Corps Commanders met in Rawalpindi to review
security situation in the wake of cross-border incursions from safe heavens
provided in Afghanistan.
Next day, at least eight persons were injured when unidentified
persons hurled a hand grenade at a Cinema in Peshawar. Meanwhile, another
person hurled a hand grenade at the Kohat Bus Stand, however no casualty
was reported. Local persons apprehended the attacker and tortured him
before handing over to police.
Six people were killed and several others injured when a bomb went
off in Kachlak area of Quetta. According to the police, the blast took place
when a bomb fixed on a motorbike went off near a public gathering held by
ANP. The blast was followed by intense gunfire triggering panic among the
people who burst into stampede in a market which is usually crowded at that
time of the day.
1327

No group has claimed responsibility for the attack till filing this
report. The investigations into the incident have been started. The incident
took place shortly before the Prime Minister Pervez Ashraf is reportedly
scheduled to arrive in Quetta. ANP leaders strongly condemned the attack.
On 14th July, two soldiers were killed and several others injured in
clashes with militants in Baddar village of tehsil Ladha in South Waziristan
Agency. Tehrik-e-Taliban Pakistan spokesman Ihsanullah Ihsan claimed
clashes were continuing between the security forces and militants since
Friday night; ISPR has not issued any statement about the clashes.
A volunteer of peace Lashkar was killed and his brother injured in
remote-controlled explosive device blast at Takhtakai area of tehsil Bara. It
is worth mentioning that scores of militants groups are active in Tirah Valley
and spare no chance to attack on its opponent for the hold in the area.
Unknown gunmen injured ten persons including a member of ANP
when strike was being observed in Quetta against the bomb blast that killed
six persons. The ANP workers were passing through the double road when
unknown gunmen opened fire on them. Later, ANP workers reached the
hospital and chanted slogans against police and administration and also
manhandled police and FC personnel.
Imran Khan announced that a caravan of his party would go to
Waziristan by the end of September to protest against US drone strikes.
Addressing a large number of people in a rally in Peshawar, Khan said that
innocent Pakistanis were being killed in drone attacks. He demanded of the
government to disclose names of those had been killed in the US attacks.
He said that representatives of human rights organizations and the
members of media would also visit Waziristan along with the PTI workers.
He urged the government to pull out from the war against terror. Khan
deplored that people pinned their hopes on the ANP but it also looted the
country along with Zardari.
The second phase of DPC long march against the resumption of
NATO supplies kicked off from Quetta to Chaman bordering Afghanistan. A
large number of people hailing from different religious parties were
participating in the march. Due to long march traffic on Quetta-Chaman
Highway remained jammed. The participants of long march stayed at
Kuchlak and Yaro localities where Maulana Samiul Haq and other leaders
addressed the people.

1328

Next day, a woman and her three children were killed when a mortar
shell hit a house in Peshawar. Mortar shell fired from undisclosed location
landed at a house located in Garhiwal area. Police officials said the militants
wanted to hit the security forces but the shell missed the target and landed at
the house.
It was decided at a high-level informal meeting held at the Presidency
to link US drone attacks with the NATO supplies to Afghanistan. The
meeting was chaired by President Zardari and participated by Prime
Minister, Chief of Army Staff, DGISI, foreign secretary and Pakistans
ambassador to US.
Likewise, the meeting decided to include rebuilding of highways used
by the NATO trucks and that the cost should be borne by the NATO
members. These proposals would be taken up with the US authorities to
formalize the MoU to streamline NATO ground supplies to Afghanistan, the
sources added. Talking to BBC, US Embassy spokesman Mark Stroh
confirmed progress in realizing an MoU between Pakistan and the US.
Thousands of activists of Defa-e-Pakistan Council (DPC) staged a sitin at Chaman across the Afghan border, against the restoration of NATO
supplies. Todays mammoth gathering is a referendum against rulers
decision of reviving NATO supplies and bypassing desire of people and
resolutions of Parliament which is tantamount to treason with the country,
DPC leaders said.

Afghanistan: On 9h July, suicide bombers killed two children and


wounded six others, when their explosive vests detonated prematurely as
they went to attack police. Three bombers were on a motorcycle when their
explosives went off in southern Kandahar city, killing and wounding
children playing nearby. Shortly afterwards a group of armed insurgents
launched an attack on police headquarters. Six people, including two
policemen, were wounded.
On 13th July, Laghman provincial womens affairs director and a
politician, Hanifa Safi, was assassinated as a result of the explosion of a
magnetic bomb attached to her vehicle; her husband and daughter were
critically wounded. Provincial government spokesman blamed Taliban
insurgents for the attack.
Next day, a suicide bomber killed a prominent politician and 22 other
guests at a wedding reception in the northern Afghan province of Samangan.
The bomber blew himself up as he hugged lawmaker Ahmad Khan

1329

Samangani, who was celebrating his daughter's marriage. The blast also
killed the provincial intelligence chief and a senior police commander; 60
guests were also wounded.
Samangani was close to Uzbek warlord Abdul Rashid Dostum, and
commanded thousands of men in the area. The Uzbeks are part of an uneasy
coalition of minority tribes that fight the Taliban in their area. The enemies
of Afghanistan once again targeted mujahideen figures who strive for
national unity, Karzai said. The Taliban denied responsibility.
President Zardari strongly condemned suicide attack. Zardari, in a
condolence message to the members of the bereaved family, prayed for the
eternal peace of the departed souls. In a separate incident, a police official
was gunned down in the southern city of Kandahar, the governor's
spokesman said. A day earlier, a car bomb had killed a leading female
politician, Hanifa Safi.
On 15th July, an Afghan government minister survived a bomb attack
on his motorcade in northern Afghanistan, the second assault on a highprofile politician in two days, but only two of his bodyguards were
wounded. Higher Education Minister Obaidullah Obaid was traveling from
Baghlan to Kunduz province when one of the cars in his convoy hit a
roadside bomb.

Iran: On 12th July, the US clamped more sanctions on Iran and asked
ASEAN nations to help pressurize Tehran. On 15th July, Iran showed
willingness to host talks between the Syrian government and opposition
groups to bring an end to the conflict in the country. Annan has emphasized
the importance of Irans involvement in finding a solution to the Syrian
crisis, though Western powers have firmly rejected the suggestion.

India: On 13th July, India successfully test-fired its indigenously


developed nuclear capable Agni-I ballistic missile, with a strike range of
700kms. The surface-to-surface and single-stage missile, powered by solid
propellants, was test-fired from a mobile launcher. Meanwhile, a Pakistani
soldier, who had mistakenly crossed into Indian territory, was handed over to
Pakistani authorities.
A reporter of a private TV channel asked several parliamentarians
about the significant of thirteenth day of July. Not a single parliamentarian
remembered that on this day unarmed Kashmiris were martyred in Srinagar
81 years ago. The journalist had a novel idea to highlight the concern of
Pakistani leaders about the almost forgotten Kashmir cause.
1330

Next day, body of one more Shaheed soldier was recovered from the
Gayari sector of Siachen, bringing the total number of bodies recovered so
far to 39, while the search for 100 more martyrs is still underway. As many
as 310 men and 51 engineer plants were employed in the search operation at
Gayari.
On 15th July, ruling out any solution from outside to the issue of
Kashmir, Barack Obama underlined that disputes between India and
Pakistan can only be resolved by the two countries themselves. The US
president was responding to a question on the current state of Indo-Pak
relations and the best way forward for the two countries to resolve their
bilateral matters, including Kashmir.

VIEWS
Pakistan
Challenging ties: While the resumption of supplies to NATO troops
in Afghanistan has considerably eased the tension that has, for some time
past, marked Pak-US relations, Secretary of State Hillary Clinton was right
when she told Foreign Minister Hina Rabbani Khar on Sunday that she had
no doubt that there were hard questions to deal with. The deal on reopening
the supply route, she felt, had generated a positive momentum, yet there
were challenges ahead. The two leaders, who met in Tokyo to participate in
the international donors conference on Afghanistan, availed of this
opportunity and met privately for an hour to discuss the future course of
their countries relations.
There, indeed, is a bumpy road to traverse and the conclusion of
Secretary Clinton that the ties between the two war allies would be tested in
the future appears to be fully justified. She underscored, inter alia, the
importance of eliminating terrorist havens located on Pakistani soil from
where allegedly the militants cross into Afghanistan to target Afghan and
ISAF forces. According to some reports, Islamabad was also urged to put
pressure on the Haqqanis to join the peace talks. Pakistan has, on more than
one occasion, made its position on the issue clear. Not only is the army
already stretched thin and would not like to venture into another armed
action, but also the Haqqanis are by and large located in Afghanistan itself
and that might, in league with the rest of the resistance forces, be causing
trouble to the foreign forces. For that Islamabad could not be blamed. For

1331

Pakistan, another rankling sore is the drones that keep targeting one area
after another in the FATA region
The common points, though outlined in general terms, were the desire
to have a cooperative relationship based on mutual respect and mutual
interests, besides Ms Clintons pledge that there would be more emphasis on
trade than aid, a long-standing demand of Pakistan. One hopes that the two
countries are able to iron out the rough edges in the bilateral relations and
arrive at a formula that protects the interests of the both. (Editorial,
TheNation 10th July)
Business as usual? After protracted negotiations spanning over
several months, Pakistan finally agreed on July 3 to reopen the NATO
ground supply routes to and from Afghanistan. Instead of insisting upon an
unconditional apology from the US on account of the Salala incident as the
parliamentary resolution had demanded, our government settled for a soft
apology
What went wrong? Why were we not able to negotiate a better deal?
We must ponder over these questions to draw lessons for the future. The
original sin, it seems, was the inability of our military to disclose the whole
truth regarding Salala to the nation as shown now by the acknowledgment of
our mistakes. Our declared posture on the incident inevitably led to
exaggerated expectations about the deal that we could get from the
Americans.
On top of that, the Executive abdicated its own responsibility of
conducting the foreign policy by asking Parliament to take the lead in
formulating our response to the US attacks on the Salala border posts. The
legislators predictably were content to play up to the gallery, instead of
grounding our response in the harsh national and international realities.
Our government could have done much better by negotiating a deal
with the US away from the glare of publicity. Our greatest mistake, perhaps,
was to allow a tactical issue to overwhelm the strategic necessity of
Pakistan-US cooperation in fighting al-Qaeda and in the restoration of
durable peace and stability in Afghanistan. The seven-long months that we
wasted on Salala without gaining any tangible benefit could have been used
instead to our far greater advantage in smoothing out our differences with
the US on these strategic issues.
The elements of the arrangement announced by the two governments
basically show that Pakistan has agreed to put the Salala incident behind it
and resume normal dealings with the US. What remains to be seen whether
1332

it would be business as usual in the past or whether it would be the


beginning of a new era in Pakistan-US relations. In the case of the former,
the master-client relationship between the US and Pakistan will continue
with Pakistan protesting from time to time about its national honour, but
willing to ignore it for dollars.
Our political and economic weaknesses, and the decadence of our
political and military leadership, are likely to dictate the continuation of our
client status vis--vis the US. But the possibility cannot be totally ruled out
that finally this nation under an upright leadership will wake up from its
slumber, break the begging bowl and learn to live with honour in the comity
of nations. (Javid Husain, TheNation 10th July)
The disconnect between: On the one hand, the new legislation in
Parliament was meant to allow Pakistanis armed with the citizenship of a
second country to contest parliamentary elections from a Pakistani
constituency. This is a contentious matter in a country where a number of
elected politicians have armed themselves with a second nationality,
disregarding the countrys laws that do not allow dual citizens to contest
parliamentary elections.
The passion surrounding the debate on this matter has been such that
politicians mired in controversy have just not been willing to yield ground,
in spite of the well established practice in many other countries where dual
citizens are barred from contesting for public office.
On the other hand, a second piece of upcoming parliamentary
legislation is meant to arm the Prime Minister with immunity from being
prosecuted in a court on a contempt of court charge. If approved, this may
help secure the recently elected Prime Minister, Raja Pervaiz Ashraf, from
being removed from office, following in the footsteps of former Prime
Minister, Yousuf Raza Gilani, dismissed just last month on a contempt of
court charge.
Even if these legislative initiatives were to be accepted as legitimate,
in spite of their controversial nature, it is just not possible to fathom their
significance at a time when mainstream Pakistanis face many other acute
challenges. On the contrary, these initiatives appear set to help secure the
ruling politicians in positions of power.
At the same time, these initiatives will only sharpen the divide in
Pakistans politics, just when the country needs to stand united in the face of
some of the most daunting challenges. For instance, a parliamentary move to
protect the Prime Minister from being summoned by a court of law,
1333

including the Supreme Court, on a contempt of court charge, may well


provoke another battle between the executive and the judiciary. Depending
on how events unfold in the coming weeks and months, a battle of this
nature will inevitably add to the prevailing uncertainty which has engulfed
Pakistan. (Farhan Bokhari, TheNation 10th July)
DPC long march: On the call of the Difa-e-Pakistan Council,
thousands of marchers streamed toward the capital in a massive convoy of
vehicles to protest the governments decision to reopen NATO supply routes,
with the rallys leaders threatening to enter Islamabad even if it were sealed.
The DPC insists it is defying the government and the establishment in
carrying out its long march, but many analysts see the situation differently.
For over two decades, Pakistan has been plagued by the dark creatures born
of its own mistakes and flawed policy choices, as well as a failure to provide
a counter-narrative to the one supplied by the ultra-right. The repercussions
of this are too obvious to require repetition.
In so far as DPC rallies are an expression of political speech, no one
can deny right-wing parties the right to assert their own political credentials
and positions. But the problems and suspicions arise given that the DPC was
born under mysterious circumstances and parties normally at odds with each
other on many religious and political issues came together with great speed
and eagerness. If the alliance was indeed put together to put pressure on the
United States about anti-Americanism on the Pakistani street, what will
become of this whipped up sentiment now that the state has clearly changed
its mind and decided to go ahead with the supplies resumption? Does the
DPCs march signal the beginning of an intended end or is the latest show
of numbers another signal to the US that there are still many battles to fight
and many more rounds of dialogue to negotiate? (Editorial, The News 10 th
July)
Of marches and supplies: The good news is that the Difa-e-Pakistan
Council (DPC) long march on the federal capital ended with a peaceful
dispersal of the crowd, on Monday night. The bad news is that the DPC
announced it will continue its protest against the reopening of NATO supply
routes through Pakistan with long marches from Quetta to Chapman and
Peshawar to Turnham, scheduled respectively for July 14-15 and July 1617. Both will end at one of the crossing points that NATO trucks use. The
recently reopened supply routes, are at peril should large crowds converge
under the DPC banner and this will most definitely be a warning bell for
peace and stability in the country. However, it must also be remembered that
the DPCs tall promises of ensuring an end to the supply routes with this
1334

particular march are nowhere near having been met. While protests are the
right of all, the march was not the only way. The PML-N and PTI chose to
maintain a safe distance from the DPC leadership and resolved to register
their protests independently.
The speakers associated with the DPC draw a link between the
restoration of Nato supplies with foreign control over Pakistan, instead of
laying stock by the much more reasonable an argument of showing
disrespect to Parliament, whose conditions for restoration were not followed.
There has been no end to drone strikes The government should remember
that it faces an election in the coming winter, and there is deep public
resentment which they have brought on themselves through bad governance
and which is now being channeled into anger against the supply routes
reopening. The reopening, also, negotiated through seven long months, with
every day bringing new lionized claims of an unconditional apology being
sought and at the end being whittled down to a form which left language
experts scrambling to explain just how the words spoken constituted an
apology was another stunning demonstration of how, perhaps, we are at
times our own worst enemy. (Editorial, TheNation 11th July)
The thorny road ahead: The blocking of GLOC not only irked the
US, but was also much to the chagrin of the 49 member international
community, contributing forces to the ISAF. Those were now looking for a
shorter exit route for their men and material as the deadline of 2014
drawdown of the foreign forces from Afghanistan was approaching closer.
These 49 members of ISAF also began perceiving Pakistan as the problem
and not as part of the solution. They no longer have a soft corner for its
suffering at the hands of terrorists, and also have become oblivious to its
sacrifices and contribution in the war on terror.
While this isolation and mortification of Pakistan continued, India
made major headway in Pakistan through its uncanny diplomatic skills
causing further damage to it. Resultantly, the Indian forces are poised to
assume the role of a watchdog, trainer and arbiter in Afghanistan, following
the exit of the international forces. This manoeuvre will enable India to
encircle Pakistan and go for its jugular whenever the moment is ripe.
The road ahead is thorny and Pakistan has to play its cards very deftly,
if it has to come out unscathed once the dust settles in Afghanistan. This
necessitates pragmatism, a high-level of statesmanship and sound leadership
to save Pakistan from falling deeper in the abyss of ignominy.

1335

Pakistan must disengage from the US! It is time for Pakistan to


finally grow out of its toxic alliance with the US and conduct its foreign
policy and diplomacy with more maturity, independence and in its national
interests. Pakistan must look for fresh foreign policy options. It must
redefine its foreign policy objectives. It must reinvent itself in its diplomatic
initiatives and must combine its domestic priorities with its strategic
approach in foreign affairs. In order to do so and to survive in a most volatile
time and circumstances, Pakistan will have to disengage itself from the
US-led Western alliance and pave for itself a fresh course of foreign policy
directions and discourse.
And, indeed, such opportunities are knocking at its door The
consequences of a Pakistan-Russian strategic alliance would be far-reaching,
staggering and monumental in terms of its domestic politics and its role in
the arena of regional and global politics. But the important question is: will
the NRO-implanted Pakistani so-called democracy take up the challenge
when President Putin visits Pakistan in September?
Or will Washington-London pull the rug from under Pakistan of
course, with the contrivance of their collaborators in the ruling mafia in this
country? But that will have to be seen! (Dr Haider Mehdi, TheNation 11 th
July)
Munters interview: American Ambassador Cameron Munter has, in
an interview with BBC, said that the reopening of NATO supplies was in
Pakistans own benefit; affecting 50 countries, the issue had isolated it in the
world However, Mr Munter went on to resurrect the phantom of terrorists
sanctuaries in Pakistans tribal region and echoed the views Afghan
President Hamid Karzai had expressed at Tokyo, who had said that the world
could not be safe till the terror havens outside Afghanistan continued to
operate a pointed reference to the oft mentioned Haqqani Network in
Pakistan, that the US and Afghanistan allege dispatch militants across the
border to launch strikes at their interests.
Answering a question, about whether the sudden comedown by
Pakistan after steadfastly refusing to lift the ban for seven moths could be
attributed to the Congress move to declare the Haqqanis as terrorists, he
replied that he did not feel the decision was made in a hurry. He felt that the
gesture of reopening the route had opened the door for progress on other
challenges and urged Pakistan to become part of the solution and not of the
problem. While responding to a question about the US attitude on the Iranian
gas pipeline, Mr Munter remarked that the power shortage was not an issue
1336

in Pakistan; it was just bad management, the need for reforms and higher
tariffs
Another revelation of Mr Munter that, in his meetings with the PMLN President Mian Nawaz Sharif and the Pakistan Tehreek-i-Insaf chief Imran
Khan, he noted that they were fully supportive of the US of the US has
raised many an eyebrow. For, their public utterances, both give an
unambiguous impression of strong opposition to US policies, especially in
the region. It is in fitness of things for both the leaders of these mainstream
parties to come forward and give their comments, It is important for the
people to know the difference between disagreeing with US policies and
being anti-US. The two are not the same. And thus, while Mr Munter is
correct in one sense, he conveniently glossed over the fact that the resistance
of both parties to US policies does not mean that they are enemies of the
American people as a whole.
Another foreign policy catastrophe: The United States is an ally
and a strategic partner, and Pakistans interest lies in having friendly
relations with America. Such relationship, however, must be based on
mutual respect, bilateral trade and appreciating each others strategic
interests. There were signs in the last few months that the negative factors
disturbing the balance of relationship will be adequately addressed when
arriving at new terms of engagement. What we saw, however, was that none
of the crucial issues were addressed and Pakistan unilaterally went back to
square one. We were not even able to negotiate favourable financial payment
terms for use of our resources, road network, and infrastructure, before
opening the ground supplies.
There is little doubt that the Pakistani government is opening up these
supply routes was motivated at least in part, by the domestic economic
crisis. This is not to deprecate the importance of international pressure on the
government, but one must remember that the executive is facing fiscal issues
which were aggravated due to the escalation of the instant dispute, and is the
main reason why such an unpopular decision was taken in an election year.
The opening up of supply routes will definitely send a positive signal to the
international community and, perhaps, even reduce diplomatic isolation.
However, it is rather ludicrous to term it a matter of principles, and not that
of money. One may not wish to put it in so many words but the reality is,
and the history has so vividly been a testament, that for Pakistan,
relationship with the United States is always about money. (Zeeshan Adhi,
TheNation 12th July)

1337

Why the US didnt apologize: The government of the United States


has to apologize often for its actions in one country or another due to its
global military presence necessitated by its wish to dominate the world. It
has become a habit with US presidents and their subordinates to offer
apologies whenever something goes wrong due to a slip of tongue. As was
the case recently when President Barack Obama angered the Poles with his
Poland death camp remark or when American soldiers kill civilians, as they
have been doing for more than 10 years now in Afghanistan.
The US presidential election didnt stop Obama from apologizing to
the Poles and the Afghans this year, and there is little evidence that his
electoral prospects were harmed by publicly offering an apology over his
slip of tongue, or on account of the misdeeds of American soldiers in
Afghanistan.
Apologies are even offered by superpower America over incidents of
relatively minor nature. When American soldiers handcuffed two Koreans
for wrong parking recently outside the Osan airbase, the US military
commander in South Korea not only said sorry but also offered apologies for
the incident. The US didnt want to take chances in a country where its long
military presence is under constant scrutiny, and which sometimes provokes
strong anti-US sentiment.
In Pakistans case, it would have been appropriate for the US not only
to say sorry but also offer apologies for the death of its 24 soldiers, including
two officers. This is what the countrys parliament had demanded and the
PPP-led coalition government had endorsed. However, once again
parliament was slighted as its recommendations were largely ignored. In the
end, Pakistans embattled civilian government and worried military
leadership felt the word sorry would suffice as the point had been made by
the blocking of NATO supplies for a fairly long time, eviction of the US air
force from the Shamsi Airbase in Balochistan and expulsion of American
military trainers, and Pakistans not cooperating fully with the Americans on
aspects of the Afghan endgame through its boycott of the Second Bonn
Conference on Afghanistan.
On its part, the US took more than seven months to say sorry to
Pakistan for the killing of the 24 soldiers on the night of November 26.
Another 15 soldiers were injured in the air strikes on two border posts in
Mohmand Agencys Salala area. The United States reluctance to apologize
to Pakistan was on account of the strong US stance based on its own military
probe that the Mohmand Agency incident happened due to mistakes
1338

committed by the armies of both countries. Offering an apology would have


meant rejection of the findings of its own probe and acceptance of Pakistans
position that the attack by the Afghanistan-based US jet-fighters and gunship
helicopters on the Pakistani border posts on Durand Line was deliberate.
Hence, the repeated assertions by the US State Department even after the
utterance of the word sorry by Secretary of State Hillary Clinton that both
sides made mistakes on that fateful night last November.
Unlike the US, which didnt change its stand about the Mohmand
Agency incident, Pakistan appeared to be shifting gears by failing to assert
itself with regard to the points it had originally highlighted in the context of
the Mohmand Agency incident. A number of American analysts even tried to
present the US as the aggrieved party, by seeking not only one but quite a
few apologies from Pakistan for backing the Afghan Taliban and the
Haqqani network, despite its receiving millions of dollars from Washington.
In fact, this is an issue that will continue to haunt US-Pakistan relations even
after the resumption of NATO supplies through Pakistan, and sooner than
later will cause the next crisis in the countries uneasy relationship
It must also have been music to American ears that Pakistan wont be
charging any new transit fee for NATO cargo Pakistans misplaced
generosity means that it would continue to charge $250 per container, a
figure often cited by US officials but not properly confirmed by the
Pakistani authorities. This is peanuts if one were to consider the damage
caused to Pakistans overcrowded and dilapidated road network by the heavy
vehicles carrying supplies for NATO forces in Afghanistan
The only visible benefit that Pakistan will get from the US for
reopening the NATO routes at this stage is the release of its held-up payment
of $1.1 billion from the Coalition Support Fund It is hardly surprising that
the US, due to its power and prestige, is able to arm-twist weaker nations to
do its bidding or agree to a deal on its own terms. However, such deals,
including the recent one with Pakistan, wont earn any goodwill for the US.
Instead, it will contribute to the already strong anti-US sentiment in these
countries.
According to a Pew Research Centre opinion poll, conducted in the
summer of 2011 after the Bin Laden killing, about 70 percent of Pakistanis
regarded the US more an enemy than saviour. Earlier, a Gallup Pakistan poll
found that 59 percent of Pakistanis picked the US as the most serious threat
to their country, followed by 18 percent for India and 11 percent for the
Taliban. With drone strikes by the US continuing and relations between the
1339

two countries unlikely to become friendly any time soon, the dislike and
distrust between the US and Pakistan will rise. (Rahimullah Yusufzai, The
News 13th July)
A tricky and uncertain relationship: In Pakistan, the army has been
calling the shots on foreign and defence policies. Although the civil
authorities backed by USA have been increasingly assertive of their
viewpoints. The hot potato after Salala, was passed on to Parliament, which
came up with an uncompromising set of conditions.
To conclude the column, the time has come for Pakistani rulers to
thoroughly examine the changing world scenario, fully grasp what the longterm objectives of the US are in Afghanistan, and what America,
Afghanistan and India are up to (in the light of the strategic pacts between
US and India, US and Afghanistan and Afghanistan and India). How Russia,
China, Iran and the Central Asian States are viewing the Afghan situation
and relating themselves to the endgame is important as well.
Add to it, the American insistence that Pakistan undertakes a military
operation against the Haqqanis, as well as increasing lethal incursions from
across the Afghan border. These are, indeed, matters of highest importance.
There is also the problem of covert American Special Forces operating in
Pakistan. How is Pakistan to address the fact that the USA has decided to
stay on in Afghanistan after 2014 in pursuance of its interests and goals in
the region? And finally, how is Pakistan to relate itself to the regional
powers, especially India (which too has chosen to do another turn of the
screw capitalizing on Abu Jandals disclosures)?
All this taken together makes for an exceedingly tough task for the
Islamabad helmsmen. Do, however, they have the will, capacity, resources
and imagination to understand the complexity of the challenges faced by
them and the sagacity to arrive at a national consensus on the outline of a
policy and the contours of a workable strategy?
Can a besieged divided, tainted and vulnerable government rise to
undertake, even partially, the formidable tasks spelt out above? Good luck
Madam Khar! (Inayatullah, TheNation 14th July)
Some friend for the US: Why did it take Washington more than
seven months to apologize for the deaths of 24 Pakistani soldiers? But you
know the answer: Its because the United States and Pakistan have the most
neurotic, mutually destructive friendly relationship in the world.

1340

Secretary of State Hillary Clinton finally said the magic words in a


July 3 phone call with her Pakistani counterpart: We are sorry for the losses
suffered by the Pakistani military. A tepid apology, but enough that the
Pakistanis agreed to reopen the border crossings into Afghanistan that had
been closed since the Nov 26 accidental attack.
This story is even stranger than has been reported. The Obama
Administration had reached a tentative decision to express regret months
ago. But it balked after it had to apologize for another agonizing mistake, the
Feb 22 desecration of the copies of the holy Quran at Bagram air base. A
further delay resulted when Pakistans foreign minister, Hina Rabbani Khar,
advised that an apology should wait until Pakistans parliament was in
session.
It would be nice if the case of the delayed apology was an unusual
example of US-Pakistani mistrust. But its unfortunately a classic illustration
of whats so odd about this relationship. The two countries talk about
strategic cooperation one month and feud the next. They claim to be allies
against terrorism, even as each sides intelligence service conducts
operations the other regards as hostile.
A useful bridge in this neurotic relationship was Husain Haqqani,
Pakistans former ambassador to Washington. He tried to maintain dialogue
across the gulf of suspicion and also tried to represent the frail civilian
government. What did Haqqani get for his trouble? He was fired after
accusations that he was a traitor. Hes now preparing to teach this fall at
Boston University, which is good for students there.
When you look back at the past few years of this relationship, what is
striking is how the two countries always seem to be sulking feeling
unappreciated and ill-used. Since an open breach doesnt suit either side,
they avoid a final rupture. But the bad feeling has hardened to something
dark and dense.
For examples of how crazy this relationship can be, consider two
instances when President Obama tried to convey the message something
between a plea and a demand for better Pakistani cooperation against alQaeda and the Taliban. Both times he got, basically, zilch.
Obama sent a secret presidential letter dated Nov 11, 2009, that stated:
We must find new and better ways to work together to disrupt (the
extremists) ability to plan attacks against targets in Pakistan, the region and
beyond including the United States so that we can eventually destroy its
networks.
1341

The response from President Asif Ali Zardari was: Let me right at the
outset unequivocally reaffirm the resolve of the people of Pakistan to fight
and uproot terrorism. But it spun off into a wild allegation of an Indianbacked proxy war in which neighbouring intelligence agencies are using
Afghan soil to perpetrate violence in Pakistan.
Haqqani is said to have warned Islamabad that an ambivalent
Pakistani response would be seen as unacceptable. The message apparently
didnt register.
Obama met in the White House on Oct 20, 2010, with Pakistani Army
Chief Ashfaq Parvez Kayani. According to one account, Obama warned that
trust does not happen overnight, but it has to happen. Otherwise we will be
on a collision course. As for the alleged threat posed by Americas
rapprochement with India, Obama said flatly: Your intelligence is wrong.
You are hearing from the president of the United States that the US wants a
strong, stable Pakistan.
And what was Kayanis response? He handed Obama a 14-page
memo titled Pakistans Perspective that said in its concluding section:
Pakistan is being made a scapegoat. US is intrusive and overbearing
wants to micromanage. US is causing and maintaining a controlled chaos in
Pakistan. The real aim of US strategy is to de-nuclearize Pakistan.
Still, said Kayani in the memos final passage: At the end of the day,
we would like to be standing in the right corner of the room. So would
America, especially as it begins withdrawing combat troops from
Afghanistan.
So maybe we should be thankful for the bizarre behaviour
surrounding this months tepid apology. The crazy couple is patching up
another quarrel. The soap opera continues. Better that than a nasty finale.
(David Ignatius for Washington Post, reprinted in TheNation 15th July)
Strategic disconnect? Pakistan and the United States largely agree
on the future of Afghanistan, but they disagree on the means to achieve it. In
fact, Pakistans links to the Haqqani group are largely because of the US and
Indian policies in Afghanistan. The US presence in post-2014 Afghanistan is
viewed by Pakistan as a potential cause of continued instability, while the
US and Karzai see it as a stabilizing factor. In any possible civil war in
Afghanistan, Pakistan and the United States are likely to support opposing
forces, overtly or covertly.

1342

Historically, the bilateral ties have been based on a robust relationship


between Rawalpindi and Pentagon. In 2008, the United States decided to
take a different route. While civilian oversight of the military establishment
is a laudable goal in the long run, it is not possible in Pakistan in the
immediate future. Our civilian leadership is weak and corrupt and lacks
capacity for good governance. No wonder, it has surrendered its security and
foreign policies to the military establishment. President Zardari may be a
great friend of the Americans, but Pakistani public views them differently.
According to a recent survey, 74 percent of the Pakistanis view US as an
enemy country. Zardaris own approval rating in Pakistan is very low. I
wonder why the Americans have tried all this while to control Pakistani
military establishment through Zardari-led civilian setup. Are they so
oblivious of the ground realities in Pakistan?
Perceptions, they say, are more important than reality. And both
nations have very negative perceptions of each other. Hawks have gained
ground in both countries. Cool heads, on both sides, have become
endangered species. The outgoing US Ambassador Cameron Munter was not
a hawk. He supported US apology to Pakistan on the Salala incident and was
also against drone attacks. However, the hawks in Washington were not
prepared to listen to him. No wonder, a frustrated Munter has decided to join
the academia.
The irony of this relationship is that while we raise anti-US slogans at
the pitch of our voices, we also go running to Washington for budgetary
support. This situation is neither sustainable, nor desirable in the long run. It
can be partially sustained, but only till the USA needs our cooperation in
Afghanistan. So what should be done to achieve a long-term healthy
relationship?
The United States should try to improve its image in Pakistan. It used
to do that quite effectively in the past. The US Information Service used to
be quite active in Pakistan. Young Pakistani students were taken to the
United States to live with families there. It may be difficult today to
duplicate that. But I wonder what stops it from constructing some high
profile mega projects in Pakistan. On its part, Pakistan should too improve
its image abroad through think-tanks, media, lobbies and universities.
But the key to a strong foreign policy is the strength within. In
Pakistan, we must extend the writ of state to every inch of our territory,
Karachi and Fata, in particular. We should collect more taxes to reduce our

1343

external dependence and not let any Faisal Shahzad receive training in
terrorism on our soil. (Javid Hafiz, TheNation 16th July)

Afghanistan
Picking a winner in Afghanistan: It is inconceivable that Congress
would sustain as many as 20,000 US troops in Afghanistan, at an annual cost
of perhaps $25 billion after 2014 and add an additional $3 billion to $5
billion a year in direct security and economic support to the next Afghan
government if it is corrupt beyond hope. In such an event, while US strategic
interests would not lead us to end the effort completely; our commitment
would surely be radically scaled back. We should emphasize this as the 2014
campaign takes shape. US diplomats, ideally backed by other foreign
missions in Kabul, including such key Muslim states as Turkey, Indonesia
and Tanzania (which have impressive track records in fighting corruption
and improving governance in recent years), should also be willing to say,
publicly if necessary, which candidates would be unacceptable as president.
No formal or binding promise is possible, given the early stage of the
Afghan political process and the looming US elections. Still, a coordinated
message from congressional leaders in both parties, President Obama and
Mitt Romney could go a long way.
Making clear that we will provide much less help to Afghanistan if it
chooses poor leaders may seem obvious, but it was clear recently in Kabul
that the message has not gotten through. Too many Afghans think that we
will desert them unconditionally, as happened before, or, based on an
exaggerated sense of their nations geo-strategic importance, that we will
want to stay forever. We need to reestablish our leverage with clear, credible
and consistent messaging from US and international voices.
The next Afghan leader has a chance to restore US faith and to help
forge the kind of enduring security partnerships that the United States
gradually developed with Greece, Turkey, Jordan, Egypt, South Korea and
Taiwan. Afghans must be persuaded to defeat the crooks and warlords who
may seek to replace Karzai. Thirteen years of American effort and treasure
and the Afghan peoples ability to escape what has become a generation of
war depend greatly on achieving a sound election process and outcome in
2014. (Michael OHanlon for WP, reprinted in TheNation 11th July)

India
Kashmir Martyrs Day: The commemoration of Martyrs Day on
Friday, the 81st anniversary of the firing by the state police on an unarmed
1344

crowd in Srinagar, killing 21 people should teach a number of lessons to the


Indian government and its puppet regime in Srinagar. First, the lesson to be
absorbed is that the indigenous struggle of the Kashmiri Muslims goes back
no less than 81 years and thus predates Pakistans existence. Second, the
history of the Kashmiri freedom struggle is written in blood, with martyrs
being offered from the very beginning. Third, and perhaps what the Indian
occupiers need to take most to heart, that the Kashmiri freedom struggle
which was launched in 1989 will not end until it achieves the objective
sought in 1931, that of the self-determination of the Kashmiri people. That
struggle is intensified because a mechanism to achieve it has not just been
identified, but also been approved by the Indian government of the time, but
also by the entire international community, a UN-supervised plebiscite to
determine the will of the Kashmiri people.
Martyrs Day serves as a reminder that the current struggle for selfdetermination is part of a continuity that began as a struggle against the
Dogra Maharajas, whose misrule began with the 1846 Treaty of Amritsar.
Just as much as the Dogra Maharajas imposed themselves on the state then,
the Indian state imposed itself after Independence, both without reference to
the people. However, just as the Kashmiri people, almost a century later,
were ready in 1931 to give lives in support of their struggle against the
Dogra regime, so are they ready to render sacrifices in the struggle against
India, its puppet government and its occupying forces.
This commemoration will also prove a salutary reminder to the
Pakistan government, that it may have veered too far in favour of India, and
has neglected the Kashmiri cause too much. It must remain resolute in its
commitment to the moral and diplomatic support it has promised the
Kashmiri people, and must be reminded of this by this commemoration of
Martyrs Day. Pakistan should not forget that the Kashmir issue is not just
about the Kashmiri people, but an existential problem for Pakistan as well,
as it is, as said by the Quaid-i-Azam himself, Pakistans jugular vein. The
government must press India harder, because its present lackadaisical
approach is going nowhere, least of all towards a solution. (Editorial,
TheNation 14th July)

REVIEW
The NATO supplies were blocked in resentment of killing of 24
Pakistani soldiers by the US Special Forces at Salala. The supplies remained
closed for seven months for want of an apology. The US refused to oblige,
1345

quietly conveying to the rulers in Islamabad that an apology and dollars


cant be doled together.
When the blockade persisted longer than expected of a client state, US
administration stopped payments of funds, which became unbearable for
Zardari regime. The matter was also cleverly portrayed as a dispute between
Pakistan and NATO not between US and Pakistan.
The regime started looking for an opportunity to come to terms with
the Master and start serving him. Hillarys utterance of word sorry did the
trick though she never meant apologizing for the brutality committed by the
United States at Salala. The Bighairat Brigade ruling Pakistan hurried to
accept the apology and hoped to get what it wanted.
What did Pakistan get? That can be judged from what happened in
Cairo on 14th July. When the US Secretary of State arrived for dictating
terms to Mursi, Egyptians staged a protest during which a protester chanted
slogans holding a shoe on her portrait. In his other hand he held a placard
with a message that was meant for Pakistan more than Hillary; it read:
Egypt will never be Pakistan.
16th July, 2012

1346

Potrebbero piacerti anche