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health New
Libya under way Yeh Woh secularism
debate Peace
deal cracks again “Such
verdicts tantamount to legislation”
Each year up to 100,000 women worldwide are forced to live in isolation by obstetric fistula which is a treatable and curable condition By Farahnaz Zahidi Moazzam The last memories middle-aged Nawaba had of colours and
sights are beginning to dwindle now. The butterflies she saw fluttering, Nawaba hails from the outskirts of Peshawar city in Khyber-Pakhtunkhwa province. Poverty and blindness were major disadvantages for a girl to get a marriage proposal. She never got married, but was content with her life as she knew it. Her family was caring, and the neighbourhood women kept her company. But that was years ago. Hormonal imbalances and gynecological problems resulted in Nawaba bleeding constantly. Pills did not work, and the family shuttled from one doctor to another. They ended up, unfortunately, at an untrained so-called surgeon’s clinic who charged them a whopping Rs45,000 for a surgery that worsened matters. Nawaba returned home with not just the bleeding problem still continuing, but having developed an iatrogenic fistula due to the fault of the surgeon. She no longer had any control over her flow of urine. Obstetric fistula (or vaginal fistula) is a severe medical condition in which a hole develops between either the rectum and vagina (rectovaginal fistula) or between the bladder and vagina (vesicovaginal fistula). The result is incontinence. No control over urine or stool results in social alienation and shame. The patient, as in the case of Nawaba, suffers immense psychological trauma and social ostracism. As a shy but happier Nawaba shares her story today, her brother Karam Khan translates for her. “I could not sit with anybody as I smelt bad and relatives started avoiding me. My strength was in my worship, but because of feeling filthy I stopped praying or fasting. I was a social outcast.” But fistula is a treatable and curable condition if caught in time. Luckily for her, Nawaba was referred to Dr Nasreen Ruby Faiz from Lady Reading Hospital, Department of Obstetrics and Gynaecology, Peshawar. A successful surgery later, Nawaba has her dignity back. “We cannot thank Dr Faiz and her team enough. I have my life back, thanks to them,” says Nawaba. “We have treated some 300 fistula patients since we started working on it nearly three years ago. This has been the most rewarding work for me. We are blessed to have the opportunity to turn around the lives of these poor women who suffer exclusion from society for no fault of their own. I recently had a patient, an old woman from Kabul, who shared that she was not allowed to go to her parent’s funeral due to being ‘unclean’. She finally has social acceptance now, since she has been treated,” says Dr Faiz. An obstetric fistula is often caused by prolonged obstructed labour. When the baby’s head presses against the lining of the birth canal, it perforates the wall of the rectum and bladder leaving the mother unable to control her excretory functions. However, sometimes, as in the case of Nawaba, genital fistula can be caused unintentionally by a healthcare provider. This type of injury is called iatrogenic fistula. As a consequence, the patient can develop severe infections and ulcerations of the vaginal tract, and often paralysis caused by nerve damage. Severe social stigma follows due to odour, perceptions of uncleanliness, a mistaken assumption of venereal disease and, in some cases, the inability to have children. Women who develop fistulas are often abandoned by their husbands, rejected by their communities, and forced to live an isolated existence. “Psycho-social morbidity, breakdowns of marriages, isolation and loneliness, depression and suicidal tendencies are side-effects of the condition,” says Dr Pushpa Sirichand of Liaqat University of Medical & Health Sciences, Jamshoro. In a recent study conducted in Jamshoro, 69 per cent of the patients studied suffered from malnourishment, as they are no longer considered productive members of their clans and their nutritional needs are neglected. A majority of them suffer from dehydration as they drink less and less water for fear of soaking. They cannot travel by public transport and many are not even allowed to cuddle their own children. Often, a separate small shed will be put up for them, like stables for animals, where they live separately. Each year between 50,000 to 100,000 women worldwide are affected by obstetric fistula. It is estimated that more than 2 million young women live with untreated obstetric fistula in Asia and sub-Saharan Africa. Eighty per cent of the cases of fistula world over are from developing countries. In Congo, rape is being used as a tool of war on a massive scale. The result is often traumatic fistulas that are holes in bladders, vagina and rectum. The Economist magazine recently estimated that 80 per cent of the fistula cases in Congo were the result of sexual violence. According to the WHO, obstetric fistula can largely be avoided by delaying the age of first pregnancy, by the cessation of harmful traditional practices and by timely access to quality obstetric care. Obstetric fistula still exists because healthcare systems fail to provide accessible, quality maternal healthcare, including family planning, skilled care at birth, basic and comprehensive emergency obstetric care, and affordable treatment of fistula. Patients with uncomplicated fistula can undergo a simple surgery to repair the hole in their bladder or rectum. The treatment cures up to 90 per cent of obstetric fistula patients. The United Nations Population Fund (UNFPA), the Society of Obstetricians, Pakistan Medical Association the government of Pakistan and civil society organisations are collaborating efforts to eradicate or at least reduce the incidence of fistula in Pakistan. At the recent regional conference held at Karachi in this regard, the catchphrase was “Neglected no more -- dignity restored”. Dr Shershah Syed, the president of Pakistan National Forum on Women`s Health, is working tirelessly to eliminate the incidence of fistula in Pakistan. He is the founder of the Koohi Goth Fistula Centre in the outskirts of Karachi. Dr Suboohi Mehdi works here and got her motivation from observing Dr Syed’s dedication to the cause. “We treat anywhere between 10 to 25 patients of fistula each month,” says Dr Mehdi. Her first patient was 50-year-old Hur Bibi from Khuzdar, Balochistan, who had been suffering from the condition for the last 23 years. A mother of 7, Bibi had been deserted by her husband and her sister brought her to Koohi Goth. Dr Mehdi says, “Once a successful corrective surgery had been performed on her, Bibi got her life back. This is why we do what we do.” New Libya under way Though world’s intervention might cement rebels’ position, there are fears that the countries implementing the UN resolution could be drawn into a protracted military conflict By Ahmad Nazir Warraich Far more than anything
else, it was the fast changing ground situation in Libya that altered the
West’s position on Libya President Sarkozy of France seized the moment for leadership and galvanised the world, stressing the importance of time. In addition, the unexpected endorsement for a no-fly zone by the generally action-averse Arab League gave the much needed push to the then reticent Obama administration. On the other hand, Col Gaddafi did his part in speeding up everybody’s response by swiftly and decisively moving forward against the rebel forces and routing them along the way. This created an immediate danger that unless the world moved swiftly there would be no cause left to support. As a result, the UNSC passed Resolution No 1973 on March 17 authorising states and regional organisations ‘to take all necessary measures’ … to protect civilians and populated areas under threat of attack in Libya. The UNSC has executive powers within the UN. It comprises five permanent and ten temporary members. The Resolution No 1973 was passed with 10 votes in favour and 5 abstentions. The most important abstentions were of the Russian Federation and China; the other 3 states that abstained were temporary members Brazil, India and Germany. The resolution demanded an immediate ceasefire in Libya including attacks on civilians. The resolution declared Libya’s airspace as a no-fly zone and further enhanced the sanctions imposed on Libya by the UNSC Resolution No 1970 in February this year. The resolution authorised “all necessary measures to protect civilians under threat of attack”. Interestingly, however, it went on to state that these actions would exclude ‘a foreign occupation force of any form on any part of Libyan territory’. This clause on the non-occupation of Libyan territory by foreign forces was inserted to assuage Arab and Muslim sensibilities. On their part, Muslim countries faced a paradox. While many wanted the West to intervene to avoid anti-Gaddafi forces being brutally repressed, they realised that foreign occupation of yet another oil-rich country and civilian casualties in the process could prove politically explosive. The UN resolution pointedly referred to condemnations of Gaddafi’s actions by the Arab League, the OIC and the African Union, and in particular to the Arab League’s demand for the imposition of a no-fly zone. The resolution was passed under Chapter VII of the UN Charter, which deals with threats to peace. The resolution also froze Libyan regime’s assets and reinforced the arms embargo imposed by another resolution in February. Gaddafi’s quick move to reconquer all territory lost to rebels, forced the West into action. There was a feeling that the sanctions imposed by the UN were being ignored by the regime and that stronger measures were needed. In the words of the French foreign minister, the world had perhaps only hours before the damage done by re-conquest would become irreversible. Representatives of states that had supported the resolution agreed that strong action became necessary because the Gaddafi regime did not heed the earlier resolution 1970 of the Council and was poised for even greater violence against civilians. The countries that abstained during the UNSC vote stressed the need to pursue peaceful means and wanted a clearer definition of measures that would be taken. The non-use of veto by the two permanent members showed a modicum of diplomatic support, as a veto would have nullified the resolution. This is more significant for Russia than for China, as the Chinese have consistently followed the policy to make as little use of its veto power as possible. Recently, a number of political commentators have expressed reservations about the use of military force. They see risks and the chances of large-scale loss of life. They fear that the nations that participated in its implementation could be drawn into a protracted military conflict that could expand into nearby countries. There is also a concern that the military intervention might have the unintended effect of exacerbating the current tensions on the ground and “causing more harm than good to the very same civilians we are committed to protecting”. It is also acknowledged that military action alone might not be enough, as any long term solution would involve a political process. In view of the tribal divide in Libya between the eastern and western half, there is a fear that this conflict could eventually turn into a civil war and divide the country on ethnic lines. The imposition of the no-fly zone through force accompanied by a targeting of Libyan military structures seems to be achieving the desired effect. The onslaught of the Libyan forces has been stemmed -- in many cases reversed. The morale of rebels has improved and if this continues there are chances that gradually there would be renewed desertions from Gaddafi’s ranks, which could constitute a tipping point in the war for control of the country. There are those who warn against complacency, arguing that this could become a long drawn out struggle, with civilians suffering more. Britain, France and the US are saying that Gaddafi should go immediately. Others are not so clear. The success of the coalition lies in the success of the rebel forces on ground. The opposition has launched a manifesto in London on March 29 of the kind of Libya they would like to see after Gaddafi. The meeting of the coalition in London on March 29 shows the willingness to move to the next political steps in addition to the military ones. However, the UNSC and the world wish to support the aspirations of the Libyan people for democracy and freedom from an autocratic and non-representative regime. Nobody, however, is promising that the transition is going to be smooth. The
writer is a Lahore-based lawyer and political commentator Yeh Woh Found in translation By Masud Alam Pakistani media is robust, fiercely independent, and professionally sound… when it makes any sense at all. Most of the time, it doesn’t. Which is a reflection on the poor understanding of the consumers of media rather than, God forbid, the mental calibre of the journalists producing news content, and that of our leaders who are often the subject of this content. Following is an attempt at educating the newspaper readers, to enable them to correctly decipher what otherwise seems and sounds nonsensical. Television viewers will
have to wait as the industry insists it is still in its infancy. Actually, it
is the equivalent of a muscular but “PPP not power hungry, says Zardari”. Now a simple-minded reader may take the statement to mean the PPP is in power only because the electorate forced it on the party. Nothing could be farther from truth. If you remember that just over three years ago, this party was so desperate that it cut deals with foreign governments and accepted to share power with a military dictator, you’ll immediately recognise this statement is made in the spirit of the game called: Yes Means No and No means Yes. “PA takes notice of water filtration plants scheme”. Punjab Assembly has just realised that providing clean drinking water is the responsibility of multinational mineral water companies. The province can’t be interfering with private enterprise. If it is found to have set up water filtration plants, these should be immediately dismantled and erring officials thrown in jail. “ICT admin all set to stop smoking at public places”. People working in the Islamabad Capital Territory have voluntarily decided not to smoke in parks and markets. It wasn’t such a difficult decision to make though, because more than half of them don’t smoke, and those who do, do it freely sitting at their desks and walking in their office hallways. And anyway, if they do smoke in public who’ll know if they are from ICT, and have taken a vow of abstinence! “Protesting teachers canned by police”. This should have been the top story of the day. After all, how often do we come across teachers packed like food items and drinks? It also demonstrates the technological superiority of the said police department in pioneering the art of stuffing protesters in cans. A world first, no doubt. “America, not Pakistan, conducting drone attacks: Malik”. A disclosure of earth shattering proportion, the reverberations of which should have been felt in Washington too. Rehman Malik is known for his insight, wisdom and candid expression. His views on national and international issues have acquired a legendary status. And if American policymakers, and Pakistani people, still don’t take him seriously it’s because the media is playing a double game with Mr. Malik. Like the paper that published this disclosure also carried a headline on the next page that read: “Malik has nothing new to disclose”. “Man goes missing, body found”. This does sound like an open and shut case. Man goes missing, gets murdered, and the dead body is found a few days later. Only, it’s a report about two different men: One who went missing, the other whose body was found elsewhere. “Zardari rules out Gulf-like unrest in Pakistan”. Give the subeditor a break. What if he or she never left Pakistan, never read anything after graduation, and therefore did not know the difference between Middle East and Gulf? And what if the president himself didn’t know one from the other? And President Zardari is ruling out unrest, not in his own capacity as the president, but on behalf of the people of Pakistan because the examples he’s using are from societies where people rose up against their leaders. He is not the first leader in the Muslim world to talk away a revolution though. As Qaddafi was being bombed from the air by Nato jets, and attacked by rebels on the ground, he continued to maintain that his people loved him dearly. “Earth Hour observed excitedly in Pakistan”. This headline would’ve made a lot of sense if it was published in a Martian paper. Only from that distance the comings and goings of electricity may seem an act of excitement. “Turis deadline for recover of tribesmen”. Ok I am stumped. It sounds like the kind of English spoken in Waziristan -- if they speak any language other than gunfire at all. But I’m working on it. masudalam@yahoo.com secularism debate Unthought thoughts Killing on personal whims reveals the violent mentality that lurks beneath the calm veneer of silent majority in the Pakistani society By Aziz Ali Dad The elevation of Salmaan Taseer’s assassin to the
status of a hero and justification of the murder by a vast section of society In the state of nature, individual will remains dominant and the collective will does not emerge. In such a state, in the words of Thomas Hobbes, “man is a wolf on a fellow man, a state of war of everyone against everyone.” To end the uncertainty and insecurity of life in the state of nature, humankind entered into a social contract, in which the individual surrendered its will to form a collective will. The collective will played a pivotal role in the emergence of society, culture, state, religion, law, industry and vocations of different kinds. With the advent of modernity, nature of the state underwent drastic changes. Through rationalisation of institutions and other spheres of life, the state was able to hold the monopoly on violence by empowering only one organisation to commit violent acts legitimately. This idea is basically a manifestation of the collective will that enables people to progress and make life secure from the dangers of allowing the individual will and devolution of violence to its citizenry. A study of the Pakistani society clearly shows the signs of withering away of rationality and disintegration of society. It is a society where the individual will dominates the collective will and the state fails to hold its monopoly on violence. Salmaan Taseer’s murder is symptomatic of an obscurantist mind that is bent on removing the last vestiges of modernity to create more space for a golden past that never existed. Taseer’s assassination has clearly opened the deeper fissures within our society. Also, it has revealed the violent mentality that lurks beneath the calm veneer of silent majority. Qadri’s elevation to the status of a hero clearly manifests a clash between tradition and modernity, because it is against the basic principles of modernity to decide about the fate of a person on a personal whim. Only institutions of the state are entitled to decide about the crime of a person and award punishment. If everyone is given a license to kill, the civil war in Pakistan is well nigh. Those who are celebrating Qadri as a hero are not only eroding the fabric of society by turning it into a state akin to the life of nature. It is impossible to keep the edifice of state, religion, culture and values intact when the very foundation of the society is destroyed. The clergy in Pakistan failed to understand the dialectics of modernity. Instead of tackling modernity on its own turf, the priest, in a bad faith, tries to cast our minds in medieval mould. This has created a cognitive dissonance or gap, for we are trying to make sense of the modern order of things with a paradigm that was evolved in response to centuries old issues. Late professor Mohammed Arkoun of Sorbonne University termed this gap ‘unthought’ in Islamic thought. According to Arkoun the unthought in Islamic thought has been accumulating since the 16th century. He finds the causes of contemporary semantic disorder of thought in Islamic societies and its failure ‘to contribute to the great open debate on a world scale’ in the lacuna created by unthoughts. This intellectual lacuna can be filled only by acquainting ourselves with modern discourses of social sciences and humanities. It will enable us to avoid anachronism in our worldview and objective realities on the one hand, and help us to deal with some of the intractable issues of our society with relevant sociological imagination. Modernity demands rationalisation of different spheres of life and progressive vision of religion, but our priestly class has organised itself around issues that are always divisive and mostly violent. Their myopic version of religion reduces the status of God into hangman. The managers of the sacred have turned sacred institutions into an instrument of their political agenda. The priests are misfit to assume the charge of defining an entity like God. On the other hand, religious discourse has remained ‘unthought’ for liberal/secular intelligentsia. As modernity is ‘unthought’ to religious class, religious discourse has remained unthought for seculars. One of the mistakes of secular class in Pakistan is that they have left the definition of religion at the mercy of clergy. Now the unthought in secular thought is posing serious questions which need imaginative answers. Since religious spaces are organically linked with our society and social ethos, religious leaders find it convenient to push forward their agenda through such space. It has resulted in the degeneration of sacred spaces as they have become breeding grounds of hatred. Over the years, the managers of the sacred have captured the imagination of even educated people, filling social imagination with hatred. Given the support provided to Qadri by educated and common people alike in Pakistan, it is imperative for the liberal/secular intelligentsia to engage with the religious discourse so that a counter narrative to the fundamentalist version of religion can be produced. Those who espouse peace and social harmony will surely prefer Javed Ahmad Ghamidi to a cleric issuing religious edicts (fatwas) of murder from the pulpit. The writer is a
social scientist associated with a rights-based organisation in Islamabad.
Email: azizalidad@hotmail.com Peace deal cracks again The recent surge in attacks has put the authorities’ resolve to restore peace in Kurram Agency to test By Rahimullah Yusufzai Kurram Agency is once again
suffering from violence perpetrated by the militants and an old peace
agreement revived in February The peace accord signed in Murree in 2008 has acquired the status of a sacred document concerning the sectarian problem in Kurram Agency, but the big challenge has always been ensuring its implementation. Though Sunni and Shia elders from Kurram Agency and members of a wider and influential jirga from rest of the tribal areas on February 8 this year overcame hurdles and mistrust to revive the peace agreement, those against it have violated it so many times by now that the survival of the accord has become a major concern not only for the conflict-weary inhabitants of the valley but also the government. Both civil and military authorities had pushed for the revival of the Murree peace agreement and were relieved that peace was returning to Kurram Agency after the reopening of the main road passing through the valley and linking it with other parts of the country. Members of the Turi-Bangash tribes, who are Shias, are claiming that there have been seven violations of the accord. There were attacks on passenger and supply vehicles using the crucial road linking Parachinar in upper Kurram valley to Sadda in lower Kurram and onward to Hangu and Peshawar. Passengers have been killed, injured and kidnapped and vehicles have been torched. According to one count, 20 people have been killed in such attacks during the six weeks period after the conclusion of the peace agreement. The elders of the Turi tribe, which is 100 percent Shia, and the Bangash tribe, who include both Shias and Sunnis, are demanding that the military should play its role and provide protection to the Shia civilians facing militants’ attacks. They are asking for tough action against the militants so that the road is secured and people could use it without any fear. The Shia elders have been accusing the government of failure to check the activities of militants as they gained strength in lower and central Kurram valley in recent years and became a threat to the peace of the area. The Sunni elders who agreed to revive the peace accord appear helpless before the Taliban militants. They cannot openly challenge the militants, who are powerful and have assisted in some of the battles that local Sunnis have fought with the Shias. The militants are ruthless and would exact revenge from anyone opposing them. Though Fazal Saeed Haqqani, the commander of the local Taliban militants in Kurram Agency, had publicly backed the peace accord, the attacks against Shia passengers using the Parachinar-Sadda-Hangu road show that there are differences in the ranks of the militants over the decision to support the agreement. However, the differences have not been specified. Another likely reason is the lack of control by Fazal Saeed Haqqani over the faction-ridden groups of militants. Most of the attacks are being blamed on the militants belonging mostly to the adjoining North Waziristan and some to South Waziristan, who are outsiders and not bound by the decision of the Taliban from Kurram Agency to support the peace accord. The normally aggressive Waziristani Taliban have also been blamed for subduing local militants and having their way in other troublespots such as Orakzai and Khyber tribal regions. Before he became the head of the Tehrik-i-Taliban Pakistan (TTP), Hakimullah Mahsud was commander of the Pakistani Taliban in Orakzai, Kurram and Khyber agencies and controlling the activities of all militants whether local or outsiders. His successors have maintained their tight control over all sets of militants. The Haqqani Network of the Afghan Taliban commander Sirajuddin Haqqani, son of the former mujahideen leader Maulvi Jalaluddin Haqqani, had also played a role in the revival of the peace accord in Kurram Agency. According to sources in the Haqqani Network, they agreed to play a mediation role on the request of Kurram Agency tribal and religious elders including Shias and not for any strategic reasons. The Haqqani Network, some of whose members have been operating out of North Waziristan, have been mediating in local tribal and militant disputes and had played a crucial role in a few peace agreements that the government concluded in the past with the Pakistani Taliban in the two Waziristans. The Haqqani Network would clearly be worried that their influence over the Pakistani militants is waning. They would surely want the Kurram Agency peace accord to succeed as they had a role in brokering it. It would be the second instance in recent months that some of the Pakistani Taliban are not listening to them. The first instance was the refusal of Hakimullah Mahsud to a request by the Haqqanis to forgive former Inter-Services Intelligence (ISI) officer Colonel Imam, who was executed recently and the videotape released to the media. The Haqqanis or the other Afghan mujahideen groups have never faced any real problems from the Shia community in Kurram Agency while crossing the Pak-Afghan border. The Haqqanis in particular have operated freely on both sides of the Durand Line border and enjoyed friendly relations with the frontier tribes. Most Kurram Agency Shias weren’t opposed to the Afghan jehad against the Soviet occupying forces as groups of Afghan Shias including those led by the late Abdul Ali Mazari, the present Afghanistan vice-president Karim Khalili, Mohammad Mohaqiq and Ustad Akbari were also part of the mujahideen and fighting the Soviet Red Army troops and the Afghan communist regime in Kabul. However, the Shias of Kurram Agency are against both Afghan and Pakistani Taliban, though they won’t want to become involved in any armed conflict with them. The revival of the peace accord was widely welcomed by members of both sects, particularly the Shias who had suffered more due to the violence and the closure of the Parachinar-Sadda-Hangu road. They had to travel through Afghanistan and undertake a longer and risky journey to reach Peshawar. Their fragile economy had also suffered and prices of everything had increased in Parachinar and other Shia towns and villages. This also offered an opportunity to anti-Pakistan elements in the Afghan government to interfere in Kurram Agency’s affairs. Some Sunnis living in upper Kurram valley had also suffered due to the virtual blockade of the area by the militants. The political administration of Kurram Agency had arranged joint Sunni-Shia peace meetings and Pashto mushairas, or poetry recitals, to welcome and celebrate the peace accord. One such mushaira was held in the lap of the snow-capped Spinghar mountain range at a time when spring was beckoning and there was hope and joy in the air. Elders of both the sects issued statements calling for religious unity and sectarian peace. Peshawar Corps Commander Lt Gen Asif Yasin Malik, head of the military operations in Khyber-Pakhtunkhwa and Fata, and the new provincial Governor Masood Kausar are under pressure to make the peace accord work in Kurram Agency and ensure protection to people using the Parachinar-Sadda-Hangu road. The corps commander had listed the revival and implementation of the Murree peace accord as one of his priorities while the governor has promised strict action against those attacking civilians and endeavouring to foil the agreement. Their actions would be watched in the coming weeks and months to find out if they really mean business.
“Such verdicts tantamount to legislation” President Supreme Court Bar Asma Jahangir criticises two recent verdicts of the apex court Two recent verdicts of the Supreme Court of Pakistan, regarding the appointment of the National Accountability Bureau (NAB) chief and the decision of the constitutional Parliamentary Committee not to reappoint six high court judges, are being widely discussed among legal circles. Many see in these decisions a tinge of “arbitrariness” while others think these contradict apex court’s own previous verdicts. By virtually striking down constitutional amendments, the judiciary is believed to be assuming a legislative role which is the exclusive domain of the parliament. “Such verdicts tantamount
to legislation -- a role which is not given to the SC in the Constitution of
Pakistan,” says Asma Jahangir, “The judgment of the apex court in the Deedar Hussain Shah case is arbitrary,” she says, adding the suggestion made in it for consultation with the Chief Justice of Pakistan (CJP) for the appointment of NAB chief amounts to legislation by the bench and striking down the 19th Amendment. If that is the case, she says, “then there will be an impression that NAB chief is CJ’s man.” Appreciating the ruling of the bench suggesting consensus-oriented consultation between the leaders of the House and the Opposition, she says, “The SCBA would resist any move in which the office of the CJP is asked to play a role meant solely for the executive through parliamentary consultation.” She says the SC judgment in the NAB chief case has a lacuna that needs to be addressed. “Declaring former justice Deedar Hussain Shah ineligible for the office is also biased as the case was about the procedure of the appointment of the NAB chief, and not against Mr Shah.” About the six-member bench’s verdict striking down the Parliamentary Committee’s recommendations about the extension in service of six higher court judges, Jahangir says it seems a turf war between institutions, implying the judiciary has, for all practical purposes, struck down the 19th Amendment to the constitution. “The verdict had, in fact, decided the matter on the 19th Amendment pending before a larger bench of the Apex Court.” She appreciates a dissenting note to this effect by Justice Tariq Pervaiz, one of the members of the same bench. Jahangir laments the way the rules to appoint judges have been framed, giving black and white powers solely to the CJ. “The rules say that no meeting of the Judicial Commission can take place if the CJ is not present. There should be a mechanism to hold the CJ accountable too. The CJ has absolute powers and he is even ignoring the notes of relevant higher courts chief justices regarding the reappointment of six additional judges -- four in the Lahore High Court and two in the Sindh High Court.” “People want to know what is special in these judges after such [negative] observations from their high courts chiefs,” says Jahangir. “The Judicial Commission has not only rendered the recommendations of the Parliamentary Committee ineffective, but has also made the CJP the sole authority to elevate judges to the superior judiciary. The observations made by the chief justices of the related courts have been unnecessarily ignored.” The SCBA president also criticises the elevation of former Justice Abdul Karim Kundi as permanent judge of the Peshawar High Court by the Judicial Commission only seven days before his attaining the superannuation age just to grant him full pension while ignoring a whole lot of others in other high courts. “Why such favour to that judge, people want to know.” Asma Jahangir, who believes in strengthening the bar and the bench relationship, opines that everybody is allowed to debate and criticise the judgments of courts and the bar must point out divergence of opinion based on solid grounds. “We are not against the judges, but we have the right to differ with their judgement. The bar associations in the country would continue to play the role of a watchdog to defend the constitution of Pakistan. Legal and political circles are terming such verdicts a dangerous trend, which is hampering the independence of judiciary and giving an impression that there is no space for voice of dissent in the Supreme Court.” She says people think that this is an independent judiciary and every judge should be allowed to speak his mind out. “These judges are getting lucrative perks and privileges with hefty salaries. Such packages are now luring many senior lawyers to carry their profiles with them in search of some vacancy in the courts.” The SCB president also criticises the role of federal law minister, the attorney general and the nominee of the Pakistan Bar Council in the Judicial Commission, saying their acts of commission and omission are most regrettable since their role was not to act quietly in deliberations but to uphold the law and justify their presence in the commission. vaqargillani@gmail.com
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the sunlight she saw beaming through the wooden window in her house, the
reflection of the stove-fire she saw on her mother’s face as she cooked
roti (bread) for her each day… these memories are from some four decades
ago when Nawaba lost her eye-sight to small pox. Her family thought nothing
could be worse. But something worse did happen.
dramatically. As late as a couple of weeks ago, most political pundits were
expecting inaction from the West and the UN beyond the imposition of
sanctions. However, the swift and decisive push by Col. Gaddafi’s troops
and rapid fall of the rebel forces forced the West to act quickly.
dim-witted teenager that refuses to grow up; a dinky with a bumper sticker
that reads ‘when I grow up I’ll become a real car’. Until that happens,
there are good old newspapers. And here’s how to read them:
show a mindset that is totally out of sync with modern times. When a society
relapses into primitive state of nature, it paves the way for its own demise.
Moreover, it clearly shows the descent of our society into an anarchic state
where the only rule is the law of jungle.
2011 to end almost four years of conflict is under threat.
President Supreme Court Bar Association (SCBA), while talking to TNS. A
critical Jahangir terms these decisions classic examples of what is generally
viewed as ‘judicial dictatorship’.