Submission on Article 66.

To

Honorable Justice Asif Saeed Khosa,

Supreme Court of Pakistan,

Islamabad.

Sir,

After following the proceedings of the court on Panama Papers today, I feel compelled to seek your permission to make the following submissions of which the court would perhaps be already aware.

Article 66 of the Constitution of the Islamic Republic of Pakistan reads as follows:

66. Privileges of members, etc.- (1) Subject to the Constitution and to the

rules of procedure of Majlis-e-Shoora (Parliament), there shall be freedom of

speech in Majlis-e-Shoora (Parliament) and no member shall be liable to any

proceedings in any court in respect of anything said or any vote given by him in

Majlis-e-Shoora (Parliament), and no person shall be so liable in respect of the

publication by or under the authority of Majlis-e-Shoora (Parliament) of any report,

paper, votes or proceedings.

The key words in this clause are “anything said or any vote given by him in

Majlis-e-Shoora (Parliament),”

This provision of immunity has been made irrelevant by Article 63A inserted in the 18^th Amendment which reads as follows:

63A Disqualification on grounds of defection, etc.- (1) If a member of a Parliamentary Party composed of a single political party in a House-

(a) resigns from membership of his political party or joins another Parliamentary Party; or

(b) votes or abstains from voting in the House contrary to any direction issued by the

Parliamentary Party to which he belongs, in relations to-

(i) election of the Prime Minister or the Chief Minister; or

(ii) a vote of confidence or a vote of no-confidence; or

(iii) a Money Bill;

he may be declared in writing by the Head of the Parliamentary Party to have defected

from the political party, and the Head of the Parliamentary Party may forward a copy of the declaration to the Presiding Officer, and shall similarly forward a copy thereof to the

member concerned:

Provided that before making the declaration, the Head of the Parliamentary Party shall

provide such member with an opportunity to show cause as to why such declaration may not be made against him.

This clearly means that the vote cast or sound of Aay or Nay made by a member of the House is subject to proceeding in the court of the Head of the Parliamentary Party. There is no reason why a speech or statement should be exempted. In fact the stipulations of Article 63G should also be subject to scrutiny by a court of law.

Finally, Clause 63A (5) states as follows:

(5) Any party aggrieved by the decision of the Election Commission may within thirty days, prefer an appeal to the Supreme Court which shall decide the matter within three months from the date of the filing of the appeal.

This without doubt means that the Supreme Court of Pakistan is the final arbiter of the conduct of a member of any house of Parliament in Pakistan within the Parliament or outside.

Sent to: mail@supremecourt.gov.pk

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.

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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


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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

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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.

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Indians in Kashmir

Here is another picture from Kashmir showing Indian policemen beating up unarmed ladies with batons. Similar pictures of Taliban were used by the Americans as valid excuse for invading Afghanistan.
Are Kashmiris barred from fundamental human rights? Or are the Indians exempt from all international laws?

Can the western world shed its anti-Muslim prejudices and speak up against such barbarism?
Here are some more images of Indian atrocities that speak for themselves:

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Quranic Teachings

Some one did this excellent job. May Allah accept it:

Almost 100 direct instructions by Allah in the Quran for mankind

 1. Do not be rude in speech (3:159)
 2. Restrain Anger (3:134)
 3. Be good to others (4:36)
 4. Do not be arrogant (7:13)
 5. Forgive others for their mistakes (7:199)
 6. Speak to people mildly (20:44)
 7. Lower your voice (31:19)
 8. Do not ridicule others (49:11)
 9. Be dutiful to parents(17:23)
 10. Do not say a word of disrespect to parents (17:23)
 11. Do not enter parents’ private room without asking permission (24:58)
 12. Write down the debt (2:282)
 13. Do not follow anyone blindly (2:170)
 14. Grant more time to repay if the debtor is in hard time (2:280)
 15. Don’t consume interest (2:275)
 16. Do not engage in bribery (2:188)
 17. Do not break the promise (2:177)
 18. Keep the trust (2:283)
 19. Do not mix the truth with falsehood (2:42)
 20. Judge with justice between people (4:58)
 21. Stand out firmly for justice (4:135)
 22. Wealth of the dead should be distributed among his family members (4:7)
 23. Women also have the right for inheritance (4:7)
 24. Do not devour the property of orphans (4:10)
 25. Protect orphans (2:220)
 26. Do not consume one another’s wealth unjustly (4:29)
 27. Try for settlement between people (49:9)
 28. Avoid suspicion (49:12)
 29. Do not spy and backbite (2:283)
 30. Do not spy or backbite (49:12)
 31. Spend wealth in charity (57:7)
 32. Encourage feeding poor (107:3)
 33. Help those in need
 by finding them (2:273)
 34. Do not spend money extravagantly (17:29)
 35. Do not invalidate charity with reminders (2:264)
 36. Honor guests (51:26)
 37. Order righteousness to people only after practicing it yourself(2:44)
 38. Do not commit abuse on the earth (2:60)
 39. Do not prevent people from mosques (2:114)
 40. Fight only with those who fight you (2:190)
 41. Keep the etiquettes of war (2:191)
 42. Do not turn back in battle (8:15)
 43. No compulsion in religion (2:256)
 44. Believe in all prophets (2:285)
 45. Do not have sexual intercourse during menstrual period (2:222)
 46. Breast feed your children for two complete years (2:233)
 47. Do not even approach unlawful sexual intercourse (17:32)
 48. Choose rulers by their merit (2:247)
 49. Do not burden a person beyond his scope (2:286)
 50. Do not become divided (3:103)
 51. Think deeply about the wonders and creation of this universe (3:191)
 52. Men and Women have equal rewards for their deeds (3:195)
 53. Do not marry those in your blood relation (4:23)
 54. Family should be led by men (4:34)
 55. Do not be miserly (4:37)
 56. Do not keep envy (4:54)
 57. Do not kill each other (4:92)
 58. Do not be an advocate for deceit (4:105)
 59. Do not cooperate in sin and aggression (5:2)
 60. Cooperate in righteousness (5:2)
 61. ’Having majority’ is not a criterion of truth (6:116)
 62. Be just (5:8)
 63. Punish for crimes in an exemplary way (5:38)
 64. Strive against sinful and unlawful acts (5:63)
 65. Dead animals, blood, the flesh of swine are prohibited (5:3)
 66. Avoid intoxicants and alcohol (5:90)
 67. Do not gamble (5:90)
 68. Do not insult others’ deities (6:108)
 69. Don’t reduce weight or measure to cheat people (6:152)
 70. Eat and Drink, But Be Not Excessive (7:31)
 71. Wear good cloths during prayer times (7:31)
 72. protect and help those who seek protection (9:6)
 73. Keep Purity (9:108)
 74. Never give up hope of Allah’s Mercy (12:87)
 75. Allah will forgive those who have done wrong out of ignorance (16:119)
 76. Invitation to God should be with wisdom and good instruction (16:125)
 77. No one will bear others’ sins (17:15)
 78. Do not kill your children for fear of poverty (17:31)
 79. Do not pursue that of which you have no knowledge (17:36)
 80. Keep aloof from what is vain (23:3)
 81. Do not enter others’ houses without seeking permission (24:27)
 82. Allah will provide security for those who believe only in Allah (24:55)
 83. Walk on earth in humility (25:63)
 84. Do not neglect your portion of this world (28:77)
 85. Invoke not any other god along with Allah (28:88)
 86. Do not engage in homosexuality (29:29)
 87. Enjoin right, forbid wrong (31:17)
 88. Do not walk in insolence through the earth (31:18)
 89. Women should not display their finery (33:33)
 90. Allah forgives all sins (39:53)
 91. Do not despair of the mercy of Allah (39:53)
 92. Repel evil by good (41:34)
 93. Decide on affairs by consultation (42:38)
 94. Most noble of you is the most righteous (49:13)
 95. No Monasticism in religion (57:27)
 96. Those who have knowledge will be given a higher degree by Allah (58:11)
 97. Treat non-Muslims in a kind and fair manner (60:8)
 98. Save yourself from covetousness (64:16)
 99. Seek forgiveness of Allah. He is Forgiving and Merciful (73:20)

INTOLERABLE BARBARISM

A pathetic example of Indian atrocities on Kahmiris. They are firing pellet guns that are used for hunting birds on unarmed civilians and doing this to children in Kashmiri towns.

Kashmir

The real torch of liberty consumes the blood of martyrs. The Kashmiris have kept their torch of freedom burning for the last 69 years with the blood of thousands of martyrs. They have faced the atrocities of the Indo-Aryan monstrosity with unflinching resolve. In the last week or so more than 50 innocent Kashmiris have been massacred by despicable Indian occupation forces. The world has to wake up and stand by the Kashmiris.

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