Dark October

The month of October, 2016 may be remembered in history as a dark month in Pakistan due to the various news items that have appeared in the news media.

First there was news of a man who was sentenced to death five years ago and on appeal was acquitted by the Supreme Court of Pakistan only to be found that he had already been hanged two years ago.

The second news item was about two brothers who were sentenced to death for murder and were acquitted on appeal by the Supreme Court of Pakistan, again to be found that they had already been executed a year ago.

The third was about the sentencing to life imprisonment of a sitting member of the National Assembly belonging to the ruling party  for multiple murders in 1998.

Whereas the first two instances show a complete disregard of justice and fair play by the incumbent government in Pakistan and particularly in Punjab province, the third shows that the ruling party issued ticket to at least one person under trial for multiple murders who was eventually found guilty. It raises doubts about the others.

The rapid succession of such disturbing news is simply shattering. Is it just a coincidence or is it just the tip of an iceberg to which the news media has woken up now?  It is noteworthy that none of these significant news items has found a place on Google’s servers.

Ironically, there has not been a public uproar on this issue mainly due to the preoccupation with the popular demand for judicial enquiry on the revelations of possible massive corruption in high places in the Panama papers leaked some time ago, and government’s repressive actions .  There have been mass protests by the entire civil society and all political parties except the ruling party. The government has blocked a bill moved by the opposition parties because the Panama finger points towards the prime minister himself. The disclosures show that the prime minister concealed million of dollars worth of foreign assets in his nomination papers. Analysts are unanimous that any judicial enquiry is certain to result in his disqualification. Islamabad and parts of other cities are beginning to display the scenes of concentration camps in the government’s bid to thwart rightful protest. The country seems to be moving towards civil war and possible martial law. A number of constitutional appeals are pending before the Supreme Court of Pakistan on these issues.

Without meaning to show disrespect it must be point out that the leniency of the judicial commission on Election Rigging may be responsible for the current pathetic situation. The watering down of massive rigging as mismanagement and lack of prowess on the part of the election staff not only emboldened the errant politicians but also in a manner legitimized fraud and dishonesty.

The onus now lies on the Pakistani high judiciary to take bold decisions and make historic judgments. Let us hope that in the near future the Judiciary will rise above the doctrine of necessity and fluidity of judgment and deliver judgments reminiscent of Islamic judicial traditions.

Moving Movie on Kashmir

I recently watched the 2014 Indian Hindi movie "Haider" set in Indian occupied Kashmir, directed and produced by Vishal Bhadwaj. The story is based on the age old theme of love and treachery, but it depicts quite graphically the hardships of the Kashmiri people and the atrocities of the Indian army. Alongside repeated suggestions that political freedom is meaningless without freedom from the obsession of revenge which has constantly poisoned the communal life in India, it also shows how the lives of most Kashmiris revolve around the freedom struggle. It clearly shows the role of the Indian army as an oppressive, cruel and vindictive occupation force. By projecting the story characters, it also hints that the Muslim Kashmiri politicians who are participating in the puppet elected government of Indian occupied Kashmir are committing treachery towards their brethren.

The United Nations Security Council resolutions no.  47 is copied below from the UN archives:

  

Decision of 21 April 1948 (286th meeting): Modification of instruction to the United Nations Commission for India and Pakistan. On the return of the Indian delegation the Council continued consideration of the question. The draft resolutions submitted to the Council eventually were replaced at the 284th meeting on 17 April by a joint draft resolution submitted by the representatives of Belgium, Canada, China, Colombia, the United Kingdom and the United States, ⁵³⁵ which was voted upon paragraph by paragraph and adopted at the 286th meeting on 21 April 1948.⁵³⁶ The resolution read as follows: ⁵³⁷

 “The Security Council,

 “Having considered the complaint of the Government of India concerning the dispute over the State of Jammu and Kashmir,

 “Having heard the representative of India in support of that complaint and the reply and counter complaints of the representative of Pakistan,

 “Being strongly of opinion that the early restoration of peace and order in Jammu and Kashmir is essential and that India and Pakistan should do their utmost to bring about a cessation of all fighting,

 “Noting with satisfaction that both India and Pakistan desire that the question of the accession of Jammu and Kashmir to India or Pakistan should be decided through the democratic method of a free and impartial plebiscite,

“Considering that the continuation of the dispute is likely to endanger international peace and security, 

“Reafirms the Council’s resolution of 17 January,

 “Resolves that the membership of the Commission established by the resolution of the Council of 20 January 1948 shall be increased to five and shall include in addition to the membership mentioned in that resolution, representatives of------ and------, and that if the membership of the (Commission has not been completed within ten days from the date of the adoption of this resolution the President of the Council may designate such other Member or Members of the United Nations as are required to complete the membership of five;

 “Instructs the Commission to proceed at once to the Indian sub-continent and there place its good offices and mediation at the disposal of the Governments of India and Pakistan with a view to facilitating the taking of the necessary measures, both with respect to the restoration of peace and order and to the holding of a plebiscite, by the two Governments, acting in co-operation with one another and with the Commission, and further instructs the Commission to keep the Council informed of the action taken under the resolution, and to this end, ……”

India has been postponing that plebiscite for the last 68 years on a series of inordinate excuses and started wars with Pakistan when pushed to the limit. The situation now is totally acceptable for anyone with even a modicum of humanity.

The Indian leaders need to realize that the Plebiscite in Kashmir will not be their defeat, but the triumph of the principles of democracy and human rights which they claim to cherish and will free Kashmiris, Indians and Pakistanis alike from the bondage of revenge.

..

Kashmir Struggle

The video in following link tells what the unrest in Kashmir is all about. In spite of over half a million Indian troops they are screaming for freedom to unite with Pakistan.

Link


..

Good Indian

Arundhati Roy is a bold and respected Indian journalist. Apart from her good looks, she also has a clear vision of world events. Here is what she spoke at the time of the last Indian elections.

Arundhati

..

New Pakistan Constitution

Unlike the US Constitution which runs in 17 pages, more than half of which consist of amendments, the Pakistani Constitution contains detailed stipulations and rules for the functioning of the parliament and the federal and provincial governments. 

However, there are no penalties for not implementing the constitutional stipulations. The result is that ambitious men and women attain power by hook or by crook and then simply ignore their constitutional responsibilities.

The Pakistani electorate which is mostly illiterate and impoverished is totally unaware of its 

constitutional rights. It does not know that it is being constantly short-changed, and in the case of the 

rural population that is utterly oppressed by the land and mill owners it is even afraid to find out. The 

result is that the same irresponsible and self-seeking fortune hunters are returned to power in every 

election on the basis of the same empty promises.

To ensure that office holders in government take their responsibilities seriously, it is imperative that 

the following clauses be included in the Constitution in appropriate places. If the politicians are not 

interested in doing so, the Supreme Court judges should find some way to incorporate these in their 

judgments. 

1. Any violation of the terms of the Constitutional oath of office that an individual takes shall be 

considered an act of treason.

2. Any prime minister or chief minister who fails to implement any stipulation of the Constitution 

applicable to his or her government shall be barred from taking part in politics and contesting elections for life.

3. Any speaker, deputy or acting speaker of national or provincial assembly who suspends rules or fails to implement Constitutional provisions or stipulations applicable to his or her office in relation to respective assembly's functioning shall be barred from taking part in politics and contesting elections for life.

Obviously, these clauses can not be applied retrospectively as it would disqualify almost the entire body politic, judiciary, military etc.

..