Written by Junaid's Pen

My pen says it all

Posts Tagged ‘Musharaf

Pakistan 2011- Democracy or Dictatorship

with 4 comments

It is very unfortunate that after 63 years of creation of Pakistan added to the 200 years of struggle against foreign intruders, we are still debating over Democracy and Dictatorship is Pakistan. We were able to get an independent state but failed to give freedom, equality, tolerance, social justice and democracy to its people. Iqbal’s Pakistan was never achieved; we got Jinnah’s Pakistan but lost part of it in 1971. It’s up to us whether we blame it on failed democracy or thriving dictatorship; but truth is that we lost the identity of largest country achieved for Muslim minority of Indian subcontinent.

Going through the pages of political history of Pakistan; rather take out just a moment of your time to remember the names of all the “Democratic Premiers” and all the “Democratic Presidents” who ruled us over the period of time. I am emphasizing on “Democratic” because we have seen dictators also produced their own presidents and ministers; I bet you can’t remember them, at least I can’t. On contrary if we start naming dictators; not only names, their time of rule, their duration of rule, even we can write books on their personal lives; why is that? It is not criticism on our general knowledge, rather it is the reminder sad truth we have been living all our lives.

I can talk on behalf of today’s generation, the first news we ever heard about politics was the 1999 military coup over democratic government. And then we spent our age of growth and learning under military rule. The other day I was discussing with my father and he told me that when he was in school, Ayub Khan ruled Pakistan; at his professional age Zia-ul-Haq ruled our country and when they got more senior Musharaf came. Just look at history of all the major events or major achievements we ever got were at the time of dictatorship.

Don’t think that I am in favour of Dictatorship … no … never ever ever … its not possible; my mind refuses to accept the basic and fundamental concept of dictatorship. How can a country like Pakistan, with its population of more than 18 crore, where more than 70 languages are spoken, where people belonging from various religions, cast and nations be ruled by ONE person with its whole sole powers. Experience has shown that in a working democracy mistakes can eventually be corrected before the society breaks down. The history of dictatorships on the other hand shows that they end all in violent and bloody mess. We have seen in Tunis, in Egypt and now witnessing in Libya. Dictatorship is not made for Pakistan.

But the Pakistan’s most successful 5 year plan of 1960-1965 was during time of military dictator Ayub Khan. This plan earned Pakistan 200% profit and it was copied by countries like South Korea. USSR lost its respect as super power at the time military dictator Zia-ul-Haq, that’s separate debate what we got in return but we did it. So-called freedom of press was awarded in another military dictator’s time i.e: Pervaiz Musharaf. On contrary democratic governments failed to give us any constitution for 9 years after creation of Pakistan, we got but it was brutally torn apart many times. Democratic government played with it by making silly amendments. It was during democracy when we lost East Pakistan in 1971. It was democratic government who ordered police to open fire on protestors rallying against electoral fraud of 1977. Army action was taken place in Balochistan during democratic government and city of lights had blood bath because of so-called democratic government claiming to be representing majority. And now during democratic time we are still arguing whether Pakistan needs democracy or dictatorship.

So this means, something is wrong and has always been wrong which made Pakistan to see the times in which we are living today. May be we never really understood the meaning of democracy. Seems like just completing your count to show majority is democracy, it’s just a number game for us to have the might of majority; whoever they may be and whatever they do. The objective resolution is 1949 states that Pakistan is a sovereign independent state “Wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed”, the classic example of Dasti with fake degree and winning election confirm the democracy as number game. My point is we got the democracy but we were not able to create any democratic system in which democracy flourishes and don’t remain mere number game.

What about an example to make it more understandable. A murderer kills someone and was then caught by lets say 20 men. Voting was held to decide the fate of the killer, 15 among 20 votes in favour to hang him and 5 opposes the decision. If democracy is just game of numbers to favour majority then according to this definition of democracy he will be hanged. On contrary if democracy is a system to govern the country where principles of freedom, equality, tolerance and social justice prevails, the murderer can claim it rights and ask the Judicial system, part of democratic system to prosecute him and decide his fate.

Let me put forward to you what I believe real democracy is and what it requires to flourish. Concept of democracy existed in 508 B.C with Greeks, but there has been no final definition on which political science students agreed. That’s why we see many different kind of democratic systems with its own way of selections came over the period of time; famous being presidential democracy and parliamentary democracy, wikipedia can list other for you if interested. But there has been points, some basic structures and some basic requirements everyone have agreed upon; the most important being “Separation of Powers”.

The state is divided into branches, each with its separate and independent powers and areas of responsibility so that no one branch has more power than the other branches. The normal division of branches is

  • Executive
  • Legislature
  • Judiciary.

In parliamentary democracy like Pakistan the responsibilities of executive is done by Prime Minister along with his cabinet, legislation is done by Parliament with its two houses of National Assembly and Senate whereas Judiciary is definitely a complete system of its own. In Presidential form of democracy the executive is President with his whole power, legislature is Congress and judiciary is judicial system. But we can see in Pakistan cabinet with its large number and corruption, parliament with its fake degrees and suppression of judiciary over the years destroyed and derailed democracy from time to time. Which confirms that whole bunch of other systems has to be defined to ensure proper governance with its real democratic system.

I want to put forward the components, rather sub-systems of any democracy but first there are some other basic points of on which different studies have agreed upon. The real democratic system should ensure Shared Respect and Shared Power within its citizens.

  • Shared Respect

Because we all are human and contribute to the society, we should be respecting each other point of view with tolerance and treat everyone equally. Everyone should be given fair chance to learn and develop some skills in order to be useful for the society. And we should all be recognising each other rights irrespective of profession, cast, creed or religion. Thus shared respect ensures thriving democracy.

  • Shared Power

A working democratic system ensures shared power between its citizens representing different group of societies. Students unions, factory labour unions, farmer unions and many others represent their respective community thus playing important is democracy of the country. Every citizen voluntarily votes for election of its representative without interference, thus every citizen is sharing bit power indirectly. And most importantly the opposition voices are respected and heard thus ensure their share of power.

Beside shared respect and shared power, some conditions of democracy are agreed upon by different political science students’ i.e: Economic balance and Enlightenment. Aristotle believed that the middle-income men contribute more to the society thus providing economic balance. Enlightenment is freedom of getting information which is done my public education, books, magazines and most importantly free media.

For shared respect, shared power, economic balance and for enlightenment different other systems are put forward in-order to have proper working democratic system which grows and amend itself. I will try to put forward some common and rather most important factors for working democracy.

Constitution is the most sacred document in any democratic country. The set of rules put forward by different group of society and agreed upon by the selective representative of society is very important for any successful democratic system. But constitutional history of Pakistan as we all know is very dark and dramatic. For 9 years since the creation of Pakistan we had no constitution, once we had it was brutally raped by dictators. And even last 1973 constitution has been disrespectfully treated by making 19 amendments to it and unfortunately mostly done by democratically elected men.

Judiciary should be independent, free from any outside interference. It’s no news for us that how judiciary has been treated. Social Justice is ensured by the judicial system and how it can ensured until unless judiciary is having trouble of its own.

Social Security is vital important in any democratic country and is ensured by the security forces or police. Unfortunately in Pakistan the political parties have been assigned different quota to hire its own policemen in-order to confirm the power which totally violates the fundamental concept of democracy.

Education system ensures the enlightenment condition of any democratic system. Citizens should be well-aware of laws, constitution and their right. The educational institution should also work as political institution where future leaders or political activist should be created. Student politics should be legal and well-governed by the institution itself, otherwise the Family politics will never in country like Pakistan.

Election Commission should independent of any political influence and is responsible for free and fair election. The voters list should be error free and encourage its citizen to take part in electoral system. Not only education system, election commission should also be involved in educating the citizens and realising them the importance of voting to decide their future.

Last but not least the Accountability. Umer bin Abdulaziz, who was caliph of Ummayid Dynasty and was famously called the fifth caliph once said, “Rulers usually appoint people to watch over their subjects. I appoint you a watcher over me and my behaviour. If you find me at fault in word or action guide me and stop me from doing it”. The accountability or the check and balance have vital importance in democratic system. This rules out the might of majority and ensures that democracy should not be considered as number game. NAB (National Accountability Bureau) of Pakistan is supposed to responsible for that but unfortunately this institution has never been given its deserved power and been played in hands of politicians.

Democracy or democratic system is not heavenly devised system; it is system of government of the people, by the people, for the people; which can have loopholes and can be played with, but proper democratic system grows with time differently from nation to nation. We Pakistanis as independent nation living in independent and sovereign country can, shall and will produce such a democratic system with justice for its citizen, rights of the people, accountability of empowered, education to its youth and proper economic system. No wonder Pakistan can become the country which Allama Muhammad Iqbal wished for. LONG LIVE PAKISTAN

Advertisements

“This Passport is valid for all the countries of the World, except Israel”

with 8 comments

The world Zionist movement should not be neglectful of the dangers of Pakistan to it. And Pakistan now should be its first target, for this ideological State is a threat to our existence. And Pakistan, the whole of it, hates the Jews and loves the Arabs. This lover of the Arabs is more dangerous to us than the Arabs themselves. For that matter, it is most essential for the world Zionism that it should now take immediate steps against Pakistan.” Ben-Gurion, the Prime Minister of Israel.

This speech was first published in Jewish Chronicles on 9th August 1967. This statement risen many controversies bloggers like me have quoted it many times; various explanations were also given to disprove this statement, but still we read it on every article related to Pakistan and Israel.

Pakistan and Israel do share some history and ideology. These are only two countries in the world created in the name of Religion; Pakistan for Islam, Israel for Judaism and both countries have taken independence from same British Empire after World War II.

Then why my passport still says, “This Passport is valid for all the countries of the World, except Israel”?

Pakistan claimed its independence from foreign invaders after two centuries of struggle. In 1757 after Battle of Plassey, East India Company started ruling Indian Sub-continent. The first armed resistance was Battle of Independence in 1857 after which the power was transferred to British government. In 1885 the political movement of independence started as Indian National Congress. Some of the Muslim leaders soon separated and launched new movement in 1906 as All India Muslim League for separate Muslim state which led to the creation of independent Islamic state Pakistan on 14th August 1947, which then became Islamic Republic of Pakistan in 1973.

For Israel the timings was same and the rulers were also same as of Indian sub-continents, but events and circumstances were totally different. Israel declared its independence on 14th May 1948 from British Mandate of Palestine. But Israel independence movement was not against British Occupation; rather it was a movement of creating a Jewish State by silently invading the markets, trades and areas to make Jewish settlements. Hovevei Zion or Hibbat Zion refers to organizations that are considered the foundations of the modern Zionist movement. These movements led to creation of Rishon LeZion in 1882 which is the first Jewish settlement in Palestine; which was at that time under Ottoman Empire. First Zionist Congress held in 1897 started the unified Zionist Movement which was converted to World Zionist Organisation in 1960. This movement was successful in legalizing its demand of separate Jewish state in Palestine after Balfour Declaration 1917, in which British Mandate of Palestine’s (1917 – 1948) foreign Secretary Arhur James Balfour wrote letter to the leader of British Jewish Community Baron Rothschild, pledging British Empire support of creation of Jewish State in Palestinian Land.

So what kind of relationship does Pakistan and Israel has over period of 60 years?

While writing this blog I also tried to ask couple Pakistanis; their view points about Pakistan-Israel Relationship. Yousaf is Pakistani Engineer living and working in Saudi Arabia. Being in the region, Pakistanis here are emotionally and regionally attached to Middle East crisis. I asked him what kind of relationship both countries have. “Relationship between Pakistan and Israel are tied to the fact that how Israel government treats the Palestinians. In general, as Jerusalem is considered as one of the holiest places in Islam; this fact serves as a thorn in the eyes of Pakistanis.” Yousaf said.

Pakistan is among those 20 UN member nations which do not recognise Israel as an independent state. These 20 countries also include Afghanistan, Algeria, Bahrain, Bangladesh, Chad, Cuba, Indonesia, Iran, Iraq, Kuwait, Lebanon, Libya, Malaysia, North Korea, Saudi Arabia, Sudan, Syria, United Arab Emirates and Yemen. Unofficial media reports say that first Prime Minister of Israel David Ben-Gurion send secret message to Muhammad Ali Jinnah to formally accept its existence, but no response was given back to him. At the time of independence of Pakistan, it was reported that some 2,000 Jews remained in Pakistan, mostly Bene Yisrale Jews. Many left to Israel after its declaration of independence. Jews from Karachi, Pakistan, now live in Ramla, Israel, and they also built a synagogue they named Magen Shalome after the Pakistani Synagogue which was demolished in 1980.

60s, 70s and beginning of 80s were the decades when for the first time both countries came face to face when Arab-Israel war started. In “Six-day Arab Israeli War” of 1967; Royal Jordanian Air Force (RJAF) and Pakistan Air Force (PAF) were flying under a joint command. PAF pilot Flt. Lt. Saiful Azam became the only pilot from the Arab side to have shot down 3 IDF/AF aircraft within 72 hours.

In 1973 Arab-Israeli Yom Kippur War, 16 PAF pilots volunteered to support Syria and Egypt. On 23 October 1973 Flt. Lt. M. Hatif shot down the Israeli Phantom. On 26 April 1974, PAF pilot Flt. Lt. A. Sattar Alvi became the first Pakistani pilot, during the Yom Kippur War; to shoot down an Israeli Mirage in air combat. He was honoured by the Syrian government. Nur Khan, who was the Wing Commander received praised from Israeli President Ezer Weizman who wrote in his autobiography that: “He was a formidable fellow and I was glad that he was Pakistani and not Egyptian“. Pakistan also sent medical ambulances to Egypt and Syria.

After the Israeli attack on Iraq’s under-construction French-built nuclear Osirak-type reactor, Tammuz-I, south of Baghdad on 7 June 1981, Pakistan’s then President President Zia-ul-Haq directed PAF Air Headquarters (AHQ) to make contingency plans for a possible Israeli attack on Kahuta. Kahuta is noted for its nuclear research studies and nuclear development technologies in Kahuta Research Laboratories. On 10 July 1982, a special contingency plan was issued. In the event of an Israeli attack on Pakistan’s strategic installations, plans were drawn up for a retaliatory Pakistani strike on Negev Nuclear Research Centre. The Negev Nuclear Research Centre is an Israeli nuclear installation located in the Negev desert, about thirteen kilometres to the south-east of the city of Dimona.

On political level many statements were given. As chair of the Second Islamic Summit in 1974, then Pakistan’s Prime Minister Zulfiqar Ali Bhutto said: “To Jews as Jews we bear no malice; to Jews as Zionists, intoxicated with their militarism and reeking with technological arrogance, we refuse to be hospitable.

In of his speeches in National Assembly of Pakistan, before Zulfiqar Ali Bhutto was hanged in 1979, he said, “Mr. Speaker Sir! This is not Desi (local) conspiracy, it’s an international conspiracy. Let me make it quite clear for the history, whatever the future and fate of this individual will be; that doesn’t matter, but let me tell you again this is not a desi (local) conspiracy, this is not PNA conspiracy, this is massive, huge and colossal international conspiracy against the Islamic State of Pakistan.” (PNA was Pakistan National Alliance against the ruling Pakistan Peoples Party). Nowadays people like to refer this international controversy as Zionist or Israeli Conspiracy.

A controversial book was published in 2003, named Charlie’s Wilson war which conspire about use of Israeli weapons supplied to General Zia ul Haq to fight Soviets in Afghanistan (1979 – 1989). Famous Hollywood movie Charlie’s Wilson War was also released in 2007. After that the back door politics started between Pakistan and Israel.

The President of Pakistan General Zia ul Haq was assassinated in plane crash on 17 August 1988. Among the conspiracy theories; Mossad (Israeli Intelligence Agency) involvement is also believed to exist. In the fall 2005 World Policy Journal, John Gunther Dean, a former US ambassador to India, blamed the Mossad for orchestrating Zia’s assassination in retaliation for Pakistan developing a nuclear weapon to counteract India and Israel.

Ali is my friend living in Middle East. I asked him, can there ever be any friendship or peace between Pakistan and Israel, to which he replied, “Yes there can be, Israel is a small country with a group of people belonging to a group of faith. And also it is in its interest that it should be at peace with every country, and especially those countries that it feels can threaten its existence.”

It is believed that, at the time of Benazir Bhutto’s Government both countries had very strong relationship especially in countering terrorism. In 1993 Benazir Bhutto, along with her then-Director-General of Military Operations, Pervez Musharraf, intensified the ISI’s liaison with Mossad in 1993, and she too began to cultivate the American Jewish lobby. Bhutto is said to have had a secret meeting in New York with a senior Israeli diplomat, who flew to the U.S. during her visit to Washington, D.C. in 1995.

In 1996, Pakistan’s Intelligence Agency, FIA, started a secret war against Extremist in Pakistan under Rehman Malik. According to sources, FIA also contacted Israeli intelligence agency Mossad to help and send its officers to investigate the extremism. Even after these strong ties, controversies never left the scenario. Benazir Bhutto was assassinated on 27 December 2007 in one political rally. This was considered to be typical Mossad Assassination style. It is believed that she was the one knowing the reality of 9/11 being inside job and death of Osama Bin Laden, which she also publicly stated in David Frost TV program. That program was edited before telecasting. But Jewish Journals and Media still believed in the opposite way. According to Jewish media, Miss Bhutto asked for Mossad help to protect her on her return to Pakistan as she was afraid she will be killed.

In 1998 Pakistan and Israel were again on the verge of war. On 27 May 1998, day before Pakistan conducted its nuclear test in Chaghi, Southern Province of Balochistan, Pakistan; unidentified F-16 was found hovering around skies on border areas of Pakistan. Pakistan Air Force; taking is as repetition of Israeli Conspiracy similar to 1981, Air Bourne its fighters to foil any attack. But Pakistan and Israeli UN delegation met in UN soon after Pakistan Nuclear tests in 1998 to give assurance that Pakistan will not transfer its technologies to Iran, the arch-enemy of Israel.

Musharraf’s nine years of rule was also golden times for both countries. In 2003, General Pervaiz Musharraf said on television interview, “Mainly Muslim Pakistan must seriously take up the issue of recognizing Israel and avoid dealing with it on emotional grounds”. This statement gave birth to local opposition, esp. among Religious Parties in Pakistan. “Jerusalem is not just an Arab issue, it is linked to the faith of every Muslim” said Qazi Hussain Ahmed, chief of Jamaat-i-Islami Pakistan, the largest and oldest religious political party. “Presenting Palestine as a sole Arab issue is a heinous conspiracy of the imperialists and colonists aimed at disintegrating the Muslims and shattering the concept of Muslim unity. It is for the same reason the colonist forces are trying to portray every Muslim issue as regional or bilateral” said Qazi.

In 2005 Pakistani Foreign Minister Khurshid Kasuri and his Israeli counterpart Silvan Shalom met in Istanbul after Israel withdrew its forces from Gaza, Palestine hoping to start peace talks. However, following the meeting Musharraf said, “Pakistan will not recognise the state of Israel until an independent Palestinian state is established”.

An unofficial Pakistan-Israel Peace Forum was created the next day of the meeting. It was created by 3 friends Waleed Ziad (Pakistan), Dror Topf (Israel), and Michael Berenhaus (US), all currently based in Washington, DC. This forum was an unsuccessful attempt to lobby in UN, US, Israel and Pakistani political establishments, hoping that Pakistani might accept Israel as independent legal state.

Pakistan and Israel are also secretly involved in Weapons and Arms Development Race. Close ties between India and Israel, and arms business between them forces Pakistan to keep an eye on Israel’s weapons industry. Like for example; Pakistan Ordinance Factory (POF) developed POF Eye Gun and exhibited in 2008 to counter the Israeli made Cornershot Rifle which is also known as Jews Gun in Arab World.

Shall Pakistan recognise Israel as an independent state to which Yousaf and Ali shared the same answer, “Pakistan should only consider recognizing Israel if it gives an independent state to the Palestinians with Jerusalem at its capital. And completely cut off itself from the internal affairs of that state, only then Pakistan should even start to consider recognizing them.”

I thought why not to ask some of Palestinians who have been living in exile for almost six decades. Abdul-Rahman is originally from Nabulus, West Bank and Qasim is from Gaza. I asked them what role Pakistan can play any role in solving Middle East Crisis, to which Abdul Rahman replied, “May be or may be not. Pakistan has its own problems with India, in Kashmir and in Afghanistan.” And Qasim said, “Pakistan cannot play any role especially with the current government which is only thinking of business but not Islam or Muslims.” Which actually hit me hard but truth is truth. On inquiring the Pakistan’s nuclear threat to Israel, Abdul Rahman said, “Israelis are even scared of stones so obviously Israel want end to Pakistan’s Nuclear technology, the Islamic Bomb.” But Qasim stuck to his same point, “If Pakistani government wants it can use nuclear technology against Israel, not in war or something but also to play politics.” Then in the end I asked, shall Pakistan Recognise Israel as independent country. Both of them came up with different and interesting answers. Abdul Rahman said, “There is should be a procedure of acceptance. Israel should balance the power and control of every city between themselves and Palestinians, then Pakistan can recognize Israel.” Whereas Qasim said, “Pakistan should recognise Israel. Sitting outside and ending any communication will not resolve the Middle East problem. We need to enter the region to solve the problem and if Pakistan wants it can do that by taking first step of recognising Israel.”

It was interesting journey going through all the historic events which Pakistan and Israel share and knowing different ideas and opinions. All these events which I have mentioned above, cannot be confirmed from any credible or authentic source as all this happened back stage, behind the camera. But whatever governments’ relationship may be it is true that people of Pakistan still want to call every conspiracy as Zionist conspiracy and this will keep on going until some peaceful solution is devised to Middle East crisis between Muslim Palestinians and Jewish Israelis.

I have got the power …!!

leave a comment »

Today we again witnessed show of power from our current government. President Zardari used his authority, awarded to him by the Constitution of Pakistan; pardoning the Minister of Interior Rahman Malik who is no doubt becoming more and more controversial, esp. after report published by UN regarding BB assassination.

The article 45, which comes under PART III; chapter I of 1973 Constitution says that:
The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.

Frankly if you ask me this is simplest and easiest article which I ever read in constitution. If you want to understand other articles, you might find it very difficult first because of its language, second you mind have to read other articles relating which can be on the hundredth page. Funny thing is that it’s not a new article, it’s been part of Constitution of 1962 which is supposedly the Presidential Constitution and centre had all the powers; it is rather the exact cope paste.

The article 18, which comes under PART III; chapter I of 1962 Constitution says that:
The President has power to grant pardons, reprieves and respites, and to remit, suspend or commute any sentence passed by any Court, tribunal or other authority.

This article has been under discussion for long time, not only in media; this has been massively discussed in Lahore, Sind High courts and also in Supreme Court of Pakistan. Question is Does this Article (i.e: 45) imply with the teachings of Islam?

Objective Resolution was passed on 12th March, 1949. The idea was to lay down basic parameters of the future constitution of Pakistan. But this Resolution was made part of Constitution of Pakistan neither in 1957 nor in 1962. But it was included in 1973 by General Zia in 1985 with Article 2A which states:
The principles and provisions set out in the objectives Resolution reproduced in the Annex are hereby made substantive part of the Constitution and shall have effect accordingly.

The attached Annex says:
Whereas sovereignty over the entire universe belongs to Allah Almighty alone and the authority which He has delegated to the State of Pakistan, through its people for being exercised within the limits prescribed by Him is a sacred trust;

This Constituent Assembly representing the people of Pakistan resolves to frame a Constitution for the sovereign independent State of Pakistan;

Wherein the State shall exercise its powers and authority through the chosen representatives of the people;
Wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed;
Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and the Sunnah;
Wherein adequate provision shall be made for the minorities to(check notes*)profess and practice their religions and develop their cultures;
Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed;
Wherein shall be guaranteed fundamental rights including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality;
Wherein adequate provisions shall be made to safeguard the legitimate interests of minorities and backward and depressed classes;
Wherein the independence of the Judiciary shall be fully secured;
Wherein the integrity of the territories of the Federation, its independence and all its rights including its sovereign rights on land, sea and air shall be safeguarded;

So that the people of Pakistan may prosper and attain their rightful and honored place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity.

If we keep article 2A in mind some questions can be raised that is article 45 according to teachings and requirements of Islam as set out in the Holy Quran and the Sunnah in which whole sole power is Almighty Allah not one person, and doesn’t this article undermine the independence of the Judiciary as it totally suspends the court rulings?

But The Supreme Court in Hakim Khan’s case while examining Articles 45 and 2A accepted the appeal against the said Judgment of the Lahore High. Court and observed that:

…in the instant case, if the High Court considered that the existing provision of Article 45 of the Constitution contravened the Injunctions of Islam in some respects it should have brought the transgression to the notice of the Parliament which alone was competent to amend the Constitution, and could initiate remedial legislation to bring the impugned provision in conformity with the Injunctions of Islam.

So the court leaves everything in the hands of people of Pakistan to let them decide, they want this article. This is actually very funny thing; I am definitely not saying anything against the Court, how can I? Who am I to comment? But I am questioning the some ambiguities in the kind the democracy we have. For example, if people elect the constituent assembly and give them task to amend the constitution, in the election in which this constituent assembly is elected, they voter turnout was only 33%, meaning 67% public rejected all the parties; even among these 33% voters 33% people voted for candidate A, 33% for candidate B and 34% voted for candidate C. C was declared winner which is actually rejected by 66% majority. If this happens to all of the constituencies; the constituent assembly willing to amend the constitution, which can even call this country secular or whatever is actually representative of 23% of people. So if you ask me, it’s very funny kind of democracy we are fighting for.

Anyways let’s go to the original topic of article 45. Even questions rose on this article, different Presidents have used this power many times.

President Muhammad Rafiq Tarar while exercising powers under Article 45 of Constitution, had granted pardon on April 17, 1998 to Parminder Singh Saini, the hijacker of an Indian plane, who later moved to Canada.

Sarabjit Singh, an Indian national condemned to death by the Supreme Court of Pakistan on charges of terrorism and spying, sought the presidential pardon from Pakistani President General Pervez Musharraf under Article 45 of the Pakistani constitution. On August 18, 2005, a division bench of the Supreme Court dismissed Sarabjit’s appeal against the death sentence awarded in the Yakki Gate bomb blast. As his counsel filed a review petition, a division bench of the Apex Court dismissed the same and upheld Sarabjit’s death sentence. Still the case is going on. Last update is of 22 July 2009 which says A fresh application has been filed before the Pakistan Supreme Court seeking review of its decision to dismiss the Indian death row inmate Sarabjit Singh’s petition challenging his death penalty.

Mr. Nawaz Sharif has also enjoyed the pardon from this Article. The pardon order issued by then ‘chief executive’ secretariat on Dec 10, 2000 advises the president to remit the sentence of imprisonment for life awarded to Nawaz Sharif by the Sindh High Court on October 30, 2000 and also remit the 14 years rigorous imprisonment awarded to Nawaz Sharif by the Accountability Court Attock Fort on July 22, 2000. The president Muhammad Rafiq Tarrar remitted the sentences.

Mirza Tahir Hussain, 35, was sentenced to killing of a taxi driver. His conviction was quashed by the Pakistani Supreme Court, but he was then found guilty by The Federal Sharia Court. He was due to be hanged on 1 June 2006, but this was delayed supposedly due to clashes with a scheduled visit to the country from Prince Charles. A new date of 3 August 2006 was delayed until 1 September 2006, reportedly to give Mr Hussain’s family time to negotiate blood money with the relatives of the victim – a practice under Islamic law. The execution was again delayed, and set for 1 October. However, the execution was again delayed, reportedly because it is the holy month of Ramadan.

In spite of a clemency plea by Prince Charles, Mirza was initially given only a two month stay of execution with the new date for execution set for 31 December 2006. However, intervention by Pervez Musharaf, the President of Pakistan resulted in commutation to a life sentence. Under Pakistani law, this equated to a 14 year term. Since Mirza had already served 18 years, he was released. On 17 November 2006 President Musharraf announced that Mirza had been released. He has since returned to the United Kingdom. The mother of his victim had previously threatened to set herself on fire if he did not hang.

In December 14, 2006, Hudood Ordinance was amended, while doing that under The Offence of Zina (Enforcement of Hudood) Ordinance, 1979 section 20(5) was omitted; this omission allowed the chief minister to suspend punishments, which caused uproar among religious circles.

On 11 April 2008 even amnesty international asked the President to use this power by saying, “We are calling on the Pakistani authorities to commute the death sentence in this case under Article 45 of the Constitution – and to take steps to implement an immediate moratorium on all executions. There are currently an astonishing 7,200 people on death row in Pakistan.”

Presidents also enjoy this power on different occasions.

On 3 April 2006, President General Pervez Musharraf granted special remission in sentences of various categories of prisoners on the auspicious occasion of Pakistan Day. The president has granted remission in exercise of his prerogative under Article 45 of the Constitution of Islamic Republic of Pakistan and on the advice of the prime minister

President General Pervez Musharraf announced a special remission of sentences for prisoners in all Pakistani jails on the occasion of Pakistan Day, March 23, 2007 under article 45.

President General Pervez Musharraf granted special remission in sentences to prisoners on the occasion of Eid Milad-un-Nabi (12th Rabi ul Awwal), on 11 April 2007.

On 26 April 2009 President Asif Ali Zardari remitted the sentences of three prisoners, who had been sentenced to amputation of a hand and a leg, under article 45 of the Constitution. The petitioners were sentenced by a special court in Lahore on November 11, 1992. The execution of the sentence was suspended by the then president on June 1, 1994.

Even the people tried to justify the most notorious ordinance, NRO by saying that President has the power to remit all the punishments. But it was answered by saying that President can only remit the punishments, not the cases and it should be done case by case, not in bulk form.

And now on 17 May 2010 Asif Ali Zardari pardoned the interior minister Rahman Malik whose three years punishment was upheld by Lahore high Court. President Zardari had used his discretionary powers to pardon Rahman Malik, protecting him from a three-year sentence awarded by an accountability court in Rawalpindi in January 2004 in absentia under Section 31-A of the NAB Ordinance and upheld by the LHC. But this decision comes when the supreme court of Pakistan and Zardari Administration are standing face to face, Courts is trying to make decision according to Constitution and Government is using its power claiming that these power are granted to them by the constitution of Pakistan.

Whatever the truth may be, I am sure Rahman Malik will be much relieved right now and Mr Zardari will be proudly singing:

I’ve got the power hey yeah heh

Like the crack of the whip I snap attack
Front to back in this thing called rap
Dig it like a shovel rhyme devil
On a heavenly level
Bang the bass turn up the treble
Radical mind day and night all the time
Seven to fourteen wise divine
Maniac brainiac winning the game
I’m the lyrical Jesse James

Oh-oh-oh-oh-oh-oh-oh-oh-oh yeah-eah-eah-eah-eah-eah
Oh-oh-oh-oh-oh-oh-oh-oh-oh yeah
Gettin’ kinda heavy
It’s gettin’ it’s gettin’ it’s gettin’ kinda heavy
It’s gettin’ it’s gettin’ it’s gettin’ kinda heavy
It’s gettin’ it’s gettin’ it’s gettin’ kinda heavy
It’s gettin’ it’s gettin’ it’s gettin’ kinda heavy

I’ve got the power
He’s gonna break my heart
He’s gonna break my heart of hearts
He’s gonna break my heart
He’s gonna break my heart of hearts
I’ve got the power oh-oh-oh-oh

______________________________________________________________________________

*Note: Mr. Ardeshir Cowasjee’s article ‘The sole statesman – 4’ – published in Dawn on July 9, 2000 – makes an interesting observation about a potential disparity between the original Objectives Resolution and the Annex inserted into the Constitution by P. O. 14 of 1985. The word “freely”, which appears in the original Resolution, notes Mr. Cowasjee, is missing from the clause:

“Wherein adequate provision shall be made for the minorities to <freely> profess and practice their religions and develop their cultures;”