Category Archives: Constitution 1973

Adviser Sartaj Aziz: The Role of Russia and China is Vital for Regional Changes

Nawaz Sharif’s first contact with Donald Trump was a very pleasant one. India is trying to isolate Pakistan. Islamabad will give a befitting reply to New Delhi on every front. Ties with Afghanistan remain complicated.

Sartaj Aziz is a renowned figure in politics. He used to be a senator and also served as the finance minister and foreign minister under past administrations. He spoke to the members of The Pakistan Institute of International Affairs (PIIA) on 11 February 2017. These days he is the foreign affairs adviser to the prime minister, who is also the present foreign minister. Zulfikar Ali Bhutto, the architect of Pakistan’s 1973 Constitution, was prime minister and foreign minister simultaneously from December 1971-March 1977. Mimicking the slain premier, who was judicially murdered during the Zia years, the present prime minister, Nawaz Sharif has held the office prime minister and foreign minister since 2013; a trait he is at times vehemently criticised for. We have a tormented constitutional history indeed. The fall of Ayub Khan and the martial law of Yahya Khan meant that the judiciary’s role was tried and tested beyond what one may consider “normal”.

Pakistan’s 1962 Constitution provided that the speaker of the National Assembly should become the acting president until a new president was elected but Abdul Jabbar Khan did not become acting president because the dictator Yahya Khan disgracefully usurped power. In A History of the Judiciary in Pakistan, Hamid Khan describes the period from 1968 to 1975 as “turbulent times”. According to him, Hamoodur Rahman CJ tried to steer the ship as best he could but he was unable save the judiciary from adversity. “During those seven years, the judiciary lived through the political movement against Ayub Khan, the martial law of Yahya Khan, the civilian martial law of Zulfikar Ali Bhutto Continue reading

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Filed under Afghanistan, Bhutto, Brexit, China, Constitution 1973, Disarmament, Europe, Human Rights, India, Islamophobia, Pakistan Horizon, Palestine, Russia, Trump, United States

A Talk by Raza Rabbani in Memory of Fatehyab Ali Khan

Fatehyab is an icon for the young generation

The legendary Pakistani politician Fatehyab Ali Khan (1936-2010) was born in Hyderabad, India. He was of Rajput descent and led movements for democracy during successive martial law eras that have stained the history of Pakistan. After Bhutto’s judicial murder he advised and represented Nusrat Bhutto. He was a friend of their murdered daughter former two-time prime minister Benazir Bhutto. Handwritten notes sent by her about secret meetings during the agitation they mounted against Zia-ul-Haq in the 1980s are nestled somewhere in a treasure trove of resistance related documents that Fatehyab has left behind. His odium for successive despotic governments and the corrupt judiciary – which repeatedly destroyed Pakistan’s democracy – meant that he chose a life of asceticism and renounced material wealth. Coupled with his gravitation towards simplicity, his passion for advocating the human rights causes of the common people of Pakistan meant that in his politics he ironically resembled more closely the great pre-partition leaders whose connections to the poor were rather profound.

Fatehyab was a grassroots politician. His politics represented an ideology linked to empowering the voiceless masses. Even so, his weighty writings and reflections on the Constitution are largely unpublished but we hope to publish them in due course. Speaking to the members of The Pakistan Institute of International Affairs (PIIA) in a session chaired by Dr Masuma Hasan on 1 October 2016, Senate chairman Raza Rabbani said: “Today we find that we are where Fatehyab left us and have not progressed after that. Article 6 of the Constitution failed to bring a culprit, a former head of state, to book, and allowed him to leave the country.” Last year while addressing the members of PIIA, Mr IA Rehman, Secretary-General, Human Rights Commission of Pakistan, remarked: “Fatehyab Ali Khan was the brightest star in the galaxy of progressive politicians.”

Coverage and reportage from our event can be found below. Continue reading

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Filed under Bhutto, Constitution 1973, Courts, Discussion, Fatehyab, India, PIIA, Politics

Pakistan and the Panama Papers

The Panama Papers are “a blessing in disguise” … Watch Video

The paper trail from Panama to Pakistan is a long and mysterious one and it reveals much about Pakistan’s first family’s vast wealth and international property empire. The leaked documents, which are linked to dozens of venal “super rich” politicians, had even forced Iceland’s prime minister Sigmundur Davíð Gunnlaugsson to resign. Yet Ramón Fonseca argues his firm is the subject of a “witch hunt” and it has done nothing wrong; there is “more dirty money in New York and London,” he says. His claim is backed up by Bill Browder, who made his fortune in Russia but has since converted into an ardent Putin critic; owing to the former KGB head turning Russia into a kleptocracy, he says. Browder argues London is a “brothel” for dirty Russian money. He is equally adamant that Cameron’s anti-corruption drive is just “hot air”. This post captures and recalls our recent Panama Papers discussion.

Financial regulators and tax authorities worldwide have expressed huge interest in the disclosures in the papers because the International Consortium for Investigative Journalism (ICIJ) has created “a searchable database that strips away the secrecy of nearly 214,000 offshore entities created in 21 jurisdictions, from Nevada to Hong Kong and the British Virgin Islands.” Indeed, the gigantic leak of more than 11.5 million financial and legal records is clearly groundbreaking. The documents show the details of the manner in which the world’s political and economic elites have used “crime, corruption and wrongdoing, hidden by secretive offshore companies” to hoodwink tax authorities. Continue reading

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Filed under Constitution 1973, Courts, Criminal Justice, Criminal law, Discussion, Events, Mossack Fonseca, Pakistan Horizon, PIIA, Politics

Cyber Security Talk by Mr Ammar Jaffri and Barrister Zahid Jamil

With its present policies, Pakistan is on its way to becoming a “cyber leper”. The speakers also agreed that cyber security is a matter of national security.

Despite being plagued by dictatorship and corruption, Pakistan does possess the ability to make advances, even leaps, in transparent and effective lawmaking. But as the recent conundrum disclosed by the contentious Prevention of Electronic Crimes Act 2015 (“the Act”) so ably demonstrates, even under the guise of democracy, Pakistan seems to be sleepwalking into rather dangerous territory. Described as quite draconian, controversial and retrograde when juxtaposed with the panoply of rights guaranteed by fundamental rights under Articles 9 to 28 of the Constitution of Pakistan 1973, the Act has been almost universally denounced. In a joint talk yesterday by Ammar Jaffri (formerly of the FIA) and Barrister Zahid Jamil, we learned that our country is doing poorly in writing robust legislation that targets root problems but does not compromise on individual rights. The basic flaw in the present approach to cyber crime in Pakistan appears to be that the wrong ministry is dealing with this important area of the law.

Rather than the ministry of interior, the task of prevention of electronic crime is erroneously allocated to the Ministry of Information Technology and Telecommunication. For example, in the UK, the country from which we inherited such a rich legal and institutional framework, the Draft Investigatory Powers Bill is moved on the Home Secretary Theresa May’s initiative. The Act introduces a series of new provisions that pose a grave risk to freedom of expression and privacy in Pakistan. It has been condemned in international circles for expanding surveillance Continue reading

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Filed under Constitution 1973, Criminal law, Cyber Security, Discussion, Human Rights, Internet, Legislation, Pakistan Horizon, PIIA, Politics

Dr Masuma Hasan: In Memory of the Legendary Fatehyab Ali Khan

Dr Masuma’s speech at Federal Urdu University, 30 September 2015, as delivered: Mr Raza Rabbani, Dr Pirzada Qasim, Dr Suleiman Muhammed, members of the audience. Some friends had suggested that this meeting and debate to honour the memory of Fatehyab Ali Khan should be held, as it was held last year, in the University of Karachi. But Fatehyab was not only the first elected president of the Karachi University Students’ Union, he was also president of the Inter-Collegiate Body, so he represented the entire student community. Therefore, it was in the fitness of things that the Vice Chancellor decided to hold this event in the Federal Urdu University. Here, I want to praise Asif Rafique and the members of his team who have arranged this event with so much devotion and care. My association with Fatehyab lasted for 50 years ─ first as students in Karachi University and later during our marriage. In politics, there were very few who matched his integrity and honesty of purpose. Since his youth, he was in the forefront of every democratic movement in our country.

During his political career, he made numerous sacrifices, was persecuted and subjected to many deprivations. He faced trials and convictions by military courts, long prison terms and externments but never compromised on his political principles. He was fearless and never yielded to political threats or pressure of any kind and he had that remarkable courage to refuse which is found in few people. He never changed his political party. He joined the Pakistan Workers Party and when it merged with the Pakistan Mazdoor Kissan Party, he remained its president until he passed away in 2010. Fatehyab was a people’s hero, a brilliant orator, and he wrote extensively on constitutional, political and contemporary issues. During the Movement for Restoration of Democracy Continue reading

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Filed under Constitution 1973, Courts, Discussion, Events, Fatehyab, Karachi, MRD, Pakistan, Pakistan Horizon

War on Terror and Post-Operation Measures in FATA

Rampaging terrorism and bubbling militancy have menacingly plagued Pakistan since 2001. Parliamentary Secretary of Interior, Mariyam Aurangzeb, explained on 5 December 2014 that more than 50,000 people including army, police, and civilians had lost their lives in the war on terror, and the country had also lost 80 billion US dollars in this war. Before the ongoing military operation Zarb-e-Azb, the government was sincerely immersed in perusing peace talks with the Tehrik-i-Taliban Pakistan’s (TTP) leadership but then out of the blue seven gunmen affiliated with the TTP conducted a terrorist attack on the Army Public School in Peshawar on 16 December 2014 killing 145 people, including 132 school children aged between eight and eighteen years.

At that critical juncture, both the civilian and military leadership agreed to vigorously conduct a counter-terrorism and counter-militancy operation against terrorists aimed at permanently flushing out terrorists of all strides particularly the outlawed TTP. The first year of the operation was completed on June 15, in which Pakistani security forces cleared the North Waziristan tribal areas. According to Inter Services Public Relations Director General, Major General Asim Saleem Bajwa, since the launch of the operation 2,763 terrorists had been killed and 837 of their hideouts had been destroyed (with 253 tonnes of explosives recovered). On the other hand, 347 army officers and soldiers were martyred in the operation. Continue reading

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Filed under Afghanistan, Constitution 1973, Courts, CPEC, Discussion, Legislation, Peace building, Women

Cheers for the Election Commission of Pakistan and the Women’s Movement

It was a landmark decision which brought both joy and tears of emotion to the eyes of those who have long struggled for women’s rights in Pakistan. In a short order, on 2 June 2015, a full bench of the Election Commission of Pakistan declared null and void the by-election held in PK 95, Lower Dir II, on grounds of the disenfranchisement of women in that constituency. A re-polling will take place. It seems forever now that women have been barred from casting their votes in some parts of Pakistan. Over the years, women have not only participated defiantly and vibrantly in elections at all levels, they have also reached the highest level of representation in the houses of parliament both on reserved seats and general seats. But some areas have kept their women indoors on every election day.

It has been customary for political parties operating in these areas to arrive at prior agreements among themselves that women would not be allowed to cast their votes. This includes conservative and religious parties as well as the so-called ‘secular’ parties. It seems that custom and patriarchical tyranny has always prevailed over the agendas of ‘progressive’ parties. The agreements are verbal but have often been reduced to writing as they were in this case. Aurat Foundation has worked for the participation of women in politics at all levels. It has facilitated the participation of women in local, provincial and national elections by getting their national identity cards made Continue reading

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Filed under Aurat Foundation, Constitution 1973, Courts, Discussion, Pakistan, Women