Plea to work together for supremacy of Constitution

KARACHI: Kamran Khan, the host of Geo News programme, ‘Aaj Kamran Khan Kay Sath’, on Monday said that Geo has for the first time offered its apology regarding its coverage on April 19 after the murderous attack on Hamid Mir. Geo said to the Army, the ISI and Gen Zaheer-ul-Islam that the channel offers its apologies on the said coverage.

Kamran Khan said that the apology, which had been published on the front pages of Jang and The News, was also aired on the 9.00pm news bulletin on Geo on Monday.The apology also refers to the background of the whole issue, and it also says that the need of the hour is to move forward together and to join hands for the supremacy of the Constitution in the country.

Geo management says that after the process of sincere self-accountability, editorial debates and the public opinion, we have arrived at the conclusion that our transmission on April 19 after the murderous attack on Hamid Mir had not only gone too far but it was also very emotional. Although the ISPR version was repeatedly telecast on April 19, yet we sincerely offer our apologies on the pain our transmission caused to the ISI as an institution, its Director-General Lieutenant-General Zaheer-ul-Islam, his family, the people affiliated to the armed forces and our viewers.

Meanwhile, the Islamabad High Court on Monday issued several orders. In the first order, the meeting that had been summoned by Pemra and which was supposed to take up the Geo case was suspended. The court also suspended the show-cause notices issued by Pemra to its private members. In yet another order, the IHC suspended the notification of the appointment of Kamaluddin Tipu who the government had appointed in Pemra.

Kamran Khan said that these were the three important developments which cannot be said to be in favour of Geo.On the other hand, hearing into Geo applications was held at the Supreme Court where an extraordinary situation has developed in the form of a campaign against a Supreme Court judge, Justice Jawwad S. Khawaja. Not only the campaign was seen on a television channel, but banners were also hoisted against him in Islamabad.

During the Supreme Court proceedings on Monday, Justice Jawwad S. Khawaja asked the Islamabad administration as well as the Intelligence Bureau to trace those who had hoisted those banners and to ensure that no such incident happens again. He also said that Pemra is bound by a previous order by the Supreme Court issued in 2010 in which it had been said that Pemra was bound to see that Geo channels must be telecast in the cable operation right at the spots which had been reserved for it. Pemra must act against the cable operators if they are found to have violated the arrangement.

Senior journalist Arif Nizami, while speaking on the programme, said that the matter now should come to an end after Geo’s apology. He said that the future of the cause of the freedom of the press is at stake.

Arif Nizami said that he had gone through the apology offered by Geo, and as a professional journalist he would like to say that it is not enough and it has come too late.Arif Nizami said that the wordings used in the apology should have been simpler. He said that things have deteriorated so much that the apology Geo has offered will not be considered as an unconditional apology.

He said that the government is apparently saying that it is supporting Geo and it is supporting freedom of expression, but the matter is not so straightforward as far as Pemra is concerned.

In a different segment of the programme, Kamran Khan said that today has been a historic day: the Indian prime minister was taking oath at a ceremony where Pakistani Prime Minister Nawaz Sharif was also in attendance. The two prime ministers shook hands today, and tomorrow they will meet for an hour which is a good beginning. The world is watching the development with interest since Narendra Modi had been a very harsh critic of Pakistan.

Kamran Khan said that Prime Minister Nawaz Sharif in an interview to an Indian television channel has said that he wants to resume the talks’ process with India from where the process had collapsed in 1999.

In a yet different segment of the programme, Kamran Khan, while commenting on the MQM rally in Karachi, said that the Muttahida Qaumi Movement exhibited its political might, and MQM activists from all over Sindh converged on the venue of the rally in Karachi and expressed solidarity with their leader, Altaf Hussain.

Kamran Khan said that the purpose of the rally was to convey a message to British Prime Minister David Cameron. There were several questions addressed to the British government and its prime minister. The questions referred to the matters which are being investigated by the Scotland Yard concerning the MQM leadership in Britain.

Kamran Khan said that the main speech of the rally was delivered not by Altaf Hussain but by Farooq Sattar.A very important question concerned the disruption that some of the actions of the British government and that of its police have been causing to the education of Altaf Hussain’s daughter, Afza Altaf.

Kamran Khan said that it has been weeks since the ceasefire between the government and the Taliban expired and there have been terrorist incidents since the ceasefire expired. He said that six terrorist incidents took place in the last three days in which 25 people embraced martyrdom. There is a serious threat of terrorism incidents, and the government is working hard to deal with the eventuality. The provinces have been asked to do their own contingency planning. The planning is also being conducted in Islamabad for which the Army and the police will coordinate their efforts. The corps commander of Rawalpindi has recently presided a meeting on the security of Rawalpindi-Islamabad which was also attended by the IG of Islamabad and other high police officials. A comprehensive plan has been devised. From Islamabad, three companies of the 111 Brigade have been told to be ready to assist the civil administration.

Commenting on the international affairs, Kamran Khan said that the West wants to improve its ties with Iran while Pakistan is also trying to improve its relations with Iran.Besides, the Arab countries in the region are also aspiring to improve their relations with Iran.

Muscle defeats law, Constitution in Geo-ISI tiff

ISLAMABAD: On the issue of Geo, the government and the military establishment stand divided with the former not inclined to get the Geo off air while the latter insisting on the closure of the channel at all costs.

However, on the ground, the Geo network has been blocked in most parts of the country without any legal order from any authority. This situation is a mockery of the law, Constitution and legal course and has all the potential to invite international pressures and possible sanctions.

In case of any “violation” by any media house, the law prescribes certain procedures, including filing of a complaint, which have been followed in this case by the ISI through the Defence Ministry. However, without allowing the law to take its course, the Geo network in most parts of the country has been closed through coercive measures.

The law of the land and the decisions of the Supreme Court do not allow the cable operators to act as an adjudicator or arbitrarily block or shuffle the number of any channel on the cable. But in the case of Geo, it has been done without any fear of accountability.

Pemra, which is without any chairman and is faced with the worst kind of internal bickering, has been unable to check the illegal suspension of Geo transmission. Neither Pemra has passed any order on Geo’s controversial April 19th coverage regarding the ISI nor any such judgment has been handed over by any court of law, yet the channel has been made to bleed through illegal means.

Background interactions reveal that the government is anxious to get the Geo-ISI tiff resolved amicably whereby the respect of the institutions of Pak Army and ISI is upheld without the closure of the channel. The government believes that what Geo did on April 19th was unfair but it does not want to go to the extent of closing down the leading television channel of the country.

Sources said that the ISI, however, is desirous to see the Geo channel suspended, if not closed. The government, however, is apprehensive that such an extreme action against Geo would not only compromise its democratic credentials but would also bring a lot of pressure from international players.

Some major economic concessions, including the GSP-Plus offered to Pakistan by the European Union, would be under serious threat in case Geo was shut down. The sources said that freedom of expression has been one of the conditions for the grant of GSP-Plus status to Pakistan.

More importantly, the government realises that no channel could be arbitrarily shut down in the presence of an independent judiciary. What happened on April 19th has to be adjudged ultimately by the judiciary in line with the law and Constitution. The court has to ultimately decide whether it was a bad editorial judgment or a conspiracy to defame the ISI.

The government is, in fact, in a dilemma over the Geo-ISI tiff. On the one hand, it is under pressure to shut Geo and also get from it an apology while, on the other hand, it has received a large number of complaints that Geo has been either closed or its place has been changed to last numbers on the cable by cable operators.

The government does not want to close Geo because it can be used as a precedent by the present and future governments to close any channel on the complaint of anyone against it. Politically, it suits the government to close any channel any time that criticises it but Prime Minister Nawaz Sharif, Information Minister Pervaiz Rashid and others do not want to use such negative tactics. The government is of the view that the issue should be resolved by apology and fine. Moreover, the government does not want to shut Geo because Prime Minister Nawaz Sharif realised that the journalist unions and Jang Group workers are planning to launch countrywide protests if journalists and workers were rendered jobless as a result of a ban on Geo.

The government, however, is not taking action on the complaints against the cable operators just to please the military establishment that wants Geo’s closure and an apology.According to a Geo spokesman, Geo has sustained losses of billions of rupees besides damage to its reputation because of its illegal closure or change of number on the cable.

Military believes in democracy, Constitution: Gen Raheel

 

RAWALPINDI: Chief of Army Staff (COAS) General Raheel Sharif said on Wednesday that the armed forces of Pakistan believed in the strengthening of democracy, supremacy of the Constitution and rule of law and would render every sacrifice for the country’s security, progress and prosperity.
He said that Pakistan’s armed forces were keeping a close vigil on the internal and external challenges and were fully capable of meeting all the threats to the security of the country.Addressing a large gathering on the eve of Youm-e-Shuhada here at the GHQ, he said that the armed forces remained alert round the clock for the defence of the motherland.

“Nobody should doubt the capabilities of the Pakistan Army as it will come to the expectations of the nation,” he added.General Raheel Sharif said that the Pakistan Army would continue to play its role in ensuring the security, progress and prosperity of the country.

Stressing the need for unity to overcome the internal and external challenges confronting the country, he said that the Pakistan Army supported every effort for the eradication of terrorism and restoration of peace in the country.

While lauding the supreme sacrifices rendered by the security forces for the defence of the country, the COAS said that the nation always stood with the Pakistan Army in every difficult time.

While declaring that the Pakistan Army supported every effort for the elimination of terrorism and restoration of peace, the chief of army staff said that it was his wish that all the elements fighting against Pakistan should submit before the Constitution and laws of the country and return to the mainstream.

He made it clear that the people and the armed forces were fully capable of thwarting the nefarious designs of the enemies of the country.All nations fight shoulder-to-shoulder with their armies on the internal or external fronts and keep their spirits high, he said and added, the Pakistan Army’s strength was the confidence the people reposed in it.

“The Pakistani nation always stood behind its army and our valiant soldiers will render all sacrifices for national security,” he added.He said that the relations between the Pakistan Army and people would become stronger with every passing day.

General Raheel called for following the golden principles of Quaid-i-Azam Muhammad Ali Jinnah — unity, faith and discipline — to put the country on the road to progress and prosperity.He called upon all the institutions of the country to make efforts for the success of democracy and assured that the armed forces would continue their efforts for the development of the country and prosperity of the people.

Lauding the role of the media and civil society along with other institutions of the state in nation building, he said that the media always played an important role in moulding public opinion in favour of national security.

“We believe in the freedom of the media, responsible journalism and appreciate its sacrifices,” he added. Youm-e-Shuhada (Day of Martyrs) was observed to pay homage to those soldiers who had laid their lives for the cause of the motherland.

Respect for institutions lies in respecting the Constitution

 

The history of Pakistan is full of the illegitimate and unconstitutional manifestation of personal and institutional power and the trio of politicians, the judiciary and the army has conspired against the Constitution and democracy in the past. We were sans a Constitution even 26 years after our independence. In the third decade after freedom, we got a unanimous Constitution in 1973, under the able leadership of Mr. Zulfikar Ali Bhutto. Unfortunately, this Constitution has also been ruined time and again on personal whims and wishes. Thus, the mighty elite ruled and the people of Pakistan suffered the agony of autocracies and dictatorships. Imposition of martial law means the law of the jungle and we imposed it again and again and demeaned the people of Pakistan.
So today we should not be surprised for not having a cultured and settled society. It is an established fact that the law of the jungle can neither create a tolerant society nor can people achieve peace, progress and stability without respect for the Constitution, law and justice. But it seems as if we have not learnt a lesson and our desire for individual gain is still stronger than the collective benefit of the nation.

The recent tug of war between institutions is another dilemma and it has brought forth an impression that some elements are once again pushing things to undermine law and justice. Injustice, either individual or collective, brings doom to society.

Respect of the institutions, at all costs, comes at a heavy price. We have paid a price in the past by making East Pakistan Bangladesh, giving away the Siachen glacier, venturing into Kargil, kicking off a separatist movement in Balochistan and leaving the beloved country at the mercy of terrorism.

Is the Constitution of Pakistan so worthless that institutions want their respect and dignity at all costs? We have witnessed that people, leaders and institutions have paid a huge price for the sake of respect of an institution. But I do not know why we want to go into a blind alley once more. The price that we have paid as a nation in the name of respect of the institution is bigger than our statures. In this country, might no more is right and the Constitution should be respected beyond any conditionality. Now there must be no point to dominate the society at the point of bayonets.

The power of the federation has been weakened by the repeated lawlessness of the high-ranking elite. The power of the federation of Pakistan is in the Constitution, and we sometimes do not give it more value than a piece of paper. The strength of a nation is in collectivism and not in individualism. Now, as a matter of fact, in every society collectivism comes through the equal distribution of justice. Double standards of justice are not acceptable because they divide the society and institutions. Therefore, it is now imperative to make justice equal for all and discard the concept of sacred cows because this concept is against Islam, the Constitution and morality.

As far as the respect of the institutions is concerned, there are no two opinions that institutions should have and maintain their name and dignity, but remaining within the Constitution. Because respect of institutions lies in respecting the Constitution. Therefore, institutions now have to rise above personalisation and personalities. Respect of the Constitution must now be maintained by all, at all costs.

On the other hand, it is now the responsibility of political leaders to prove their maturity. Political point-scoring is of no use in the case of Gen (retd) Pervez Musharraf. His case is in the court and it must be left with the court and the accused. Praising the chair or provoking the person in the trial is not advisable.

People understand even without the worthless words of the Khawajas on this issue. (Khawaja Muhammad Asif and Khawaja Saad Rafique). People know that Musharraf wanted to have power in his hands at all cost, but today he is paying the price for it. So it is now imperative to respect the Constitution because gone are the days when it used to be valued and treated as a piece of paper. Parliament, the judiciary and army are respectable institutions and it is the duty of all to respect these institutions and maintain harmony among them. Today we are living in a state of fear and it is because of our deviation from the Constitution and the law. We cannot afford to set yet another example that the law of our land is to grind the poor but not the powerful.

It is now in the air that the Constitution was not violated by one or a few but by the institution. This is a very dangerous idea and the creator of this concept should be punished under the rules. The future of this country is in following the Constitution and democracy. So I say it would be a wise step if Gen Raheel Sharif must have said that respect of the institution will be maintained as per the dictates of the Constitution. But if all heads of powerful institutions also toe the same line and proclaim to defend their institution at every cost, then the country would suffer beyond imagination. The violation of the Constitution can neither secure the country nor can it win the hearts of the people. I am sure, in future, we shall not burn our home with our own lamps, and nor shall we let the past effect our future. Gen (retd) Pervez Musharraf’s case is in the court and it should remain in the court. Institutions have nothing to do with it. After a bitter experiences of the past we should learn that the respect of institutions is in respecting the Constitution. The damage that we had done to the Constitution in the past has now been recovered but with much struggle. We have seen that abrogation of the Constitution costs the nation heavily. Everything, I must say, outside the Constitution is a farce. Dictatorship is a seed of a thorny tree and if we sow this seed, then we shall reap thorns, not roses.

The writer is the Leader of the Opposition in the National Assembly of Pakistan.

Former CJ followed Constitution: SC

ISLAMABAD: The Supreme Court (SC) on Thursday, while announcing a detailed judgment in the review petition of former president General (retd) Pervez Musharraf against its July 31, 2009 verdict, ruled that former chief justice (CJ) Iftikhar Muhammad Chaudhry followed the Constitution and the army chief had no jurisdiction to impose emergency in the country on Nov 3, 2007.

The SC ruled that the judgment under review did not stand vitiated by any bias or error in law or fact to warrant a review.A 42-page judgment, authored by Chief Justice Tassaduq Hussain Jillani, ruled that the power of review could not be invoked as a routine matter to rehear a case which had already been decided nor change of a counsel would warrant sustaining of a review petition, but the same could be pressed into service where a glaring omission or patent mistake had crept in earlier by judicial fallibility.

“If the court has taken a conscious and deliberate decision on a point of fact or law, a review petition will not lie,” the judgment says.The court ruled that it had narrated with a measure of dismay the frequent constitutional deviations in the country. “The spirit which underpins the judgment is a strong realisation that we should not remain trapped by mistakes in history and turn a new leaf towards constitutionalism and the rule of law,” says the detailed verdict.

The court observed that the declarations and findings of July 31, 2009 judgment could not be a subject matter of review as neither there was any discovery of new or important matter or evidence which after the “exercise of due diligence” was not within the knowledge of the petitioner or could not be produced by him at the time when the judgment under challenge was passed.

The court observed that in fact, the petitioner’s learned counsel frankly admitted, on court query, first that the then prime minister Shaukat Aziz had written a letter to the President of Pakistan and not to the Chief of the Army Staff; second that the prime minister had not advised him to impose the state of emergency rather “the petitioner acted in his own discretion”.

“This frank admission by his counsel has further weakened his case for review,” the detailed verdict ruled questioning as how the petitioner in his capacity as chief of army staff or even as president could act on his own discretion.

“He had no power under the law to impose the state of emergency and make judges of the Supreme Court and high courts dysfunctional notwithstanding the mandate of Article 48 of the Constitution,” says the judgment.

Justice Jawad S Khawaja, in his additional note, observed that the proclamation of emergency, it would be seen, did not target the former chief justice alone as it targeted the judiciary of the country.

He said that much was clear even from a cursory reading of the text of the proclamation of emergency and the advice of the prime minister which was purportedly relied upon by the petitioner in taking his actions of Nov 3, 2007.He said, “We must remain cognizant of a central tenet of the rule of law, that the law must widely be accessible to the public.”

Former president General (retd) Pervez Musharraf had filed a review petition against the court judgment of July 31, 2009, declaring the steps taken on Nov 3, 2007 including imposing the emergency rule in the country as illegal and unconstitutional.

A full court on January 30, 2014, while hearing the review petition of the former military dictator for three days, dismissed it. “We find the review petition filed by General (retd) Pervez Musharraf was time barred and the precedent case law cited in this behalf was distinguishable,” the court ruled in its short order.

The court further ruled that the grounds urged by the petitioner’s learned counsel neither fell within the purview of review jurisdiction nor tenable on merit to warrant interference in the judgment under challenge.