Category Archives: Courts

A Talk on National Security in Pakistan by NSA General Nasser Khan Janjua

Pakistan is misunderstood and underestimated. Pakistan and India cannot remain enemies forever. Ruling hearts and minds is the key to unlocking Balochistan’s problems. The world must take India to task over Kashmir. 

National security is more important than ever in an overheated global political environment and NSA Janjua addressed the members of The Pakistan Institute of International Affairs (PIIA) on 14 April 2017. Trump’s strikes on Syria, his use of the dreaded MOAB against ISIS/ISIL in Afghanistan, his deteriorating ties with the Kremlin and his standoff with North Korea are examples of global events that demonstrate spiralling volatility in international relations. Closer to home, the destruction of traditional secular power structures in the Arab world has resulted in extreme turmoil, innumerable civilian deaths and untold human misery. Stratospheric levels of terrorism have resulted in new military partnerships. The Saudi conceived Islamic Military Alliance – the “Muslim NATO” – is headed by Pakistan’s former army chief General Raheel Sharif. To see Saudi Arabia’s special forces marching alongside Pakistan’s military during last month’s Independence Day parade was one thing.

But to have also witnessed the attendance of China’s presidential guard of honour in Islamabad as a symbolic show of solidarity must have irked India where the present treatment of minorities must be making its secular founders turn in their graves. Regarding the ongoing bloodshed in Kashmir, it is hard to surpass Arundhati Roy’s sublime conclusion that “India has no option but to colonise itself”. China is keen to show India that Pakistan has friends and that the China-Pakistan Economic Corridor is an important project for Beijing. Mian Nawaz Sharif seems quite secure against his rivals because of the Supreme Court of Pakistan’s decision that, despite clearly unflattering parallels to The Godfather, he is not obliged to resign because of revelations about his wealth in the Panama Papers. Continue reading

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Filed under Afghanistan, BJP, China, Courts, CPEC, Discussion, Events, India, ISIS, Pakistan Horizon, PIIA, Russia, Syria, Trump, United States

Muslim Law: The Need For Reform

‘There is nothing in the Quran which says that a man should marry a young girl … It is not in the best interests of a girl to be married off early. Early marriage robs a girl of her childhood,’ argues Dr Reeza Hameed.

The All Ceylon Jamiyyathul Ulama (ACJU) is opposed to making any changes to the existing Muslim family law. Mufti Rizwi, who is a member of the Saleem Marsoof Committee appointed to look into reforms to the Muslims Marriages and Divorces Act (MMDA) of 1951, has made the oracular pronouncement that the law is ‘perfect in its present state’ and required no reform. Mufti Rizwi also presides over the ACJU. Regrettably, the views expressed by the Mufti and his outfit are anachronistic and obscurantist. Matters relating to Islam and Muslim law ought not to be the sole concern of the ulema. In this comment I have touched upon some issues in the hope that it will contribute to the debate on the need for reform. In Muslim law marriage is not a sacrament but a civil contract. Neither religious ritual nor having it done in a mosque is essential to confer validity to a marriage. A Muslim marriage is contract like any other in Islamic law. Parties to a marriage should have legal capacity to enter into the contract.

There has to be an offer and an acceptance of that offer with the intention of establishing a marital relationship. There must be consideration given to the wife known as mehr. All the schools of law recognise that a person has freedom of choice to enter into a marriage and that he or she cannot be forced into one. The age at which a young Muslim acquires legal capacity to marry has been a contentious issue. The traditionalist view adumbrated by classical jurists is that a person acquires the legal capacity to marry on attaining puberty. In the Hedaya, the manual on Hanafi law, the earliest age at which puberty is attained by a girl is 9 and by a boy at 12. A similar view is adopted by the Shafi School, which is followed by a majority of Sri Lankan Muslims. The presumption of Muslim law as applied in India and Sri Lanka is that a person attained puberty at 15. Continue reading

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Filed under Courts, Discussion, Dr Reeza Hameed, Human Rights, Islam, Pakistan, Politics, Sri Lanka, The Middle East, Women

Pakistan’s Seventieth Anniversary and International Relations in 2017

Pakistan must not pay the price for the adventurism of other countries

Immigration crackdowns are a commonly used political ploy in western countries but president Trump has infamously institutionalised Islamophobia by banning Muslims from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering the US. Sir Mo Farah, the Somali born British super-athlete denounced the American president by saying that the “Queen made me a knight, Donald Trump made me an alien”. Kim Kardashian highlighted that more Americans die falling out of bed annually (737) rather than those killed by jihadists (2). Theresa May “does not agree” with the Muslim ban. The vicar’s daughter also claims that the UK will not sleepwalk into America’s dirty wars. But the tough talking prime minister, decked out in her trendy clothes and bright red nail polish, could not resist his charms and held hands with him as they walked down a tricky slope in the White House to show off their “special relationship”. But since he wants to make a fantastic success of Brexit – which he calls a “wonderful thing” – how could she resist?

The recent UK Supreme Court decision that she cannot unilaterally trigger Article 50 of the Lisbon Treaty and bypass Parliament has not gotten her off to a flying start. Her new best friend’s Muslim ban has also suffered a blow at the hands of a federal judge in New York. British foreign secretary Boris Johnson branded the ban “divisive and wrong” and there is public pressure to cancel Trump’s state visit to the UK later this year. According to the New York Times, “it would take massive effort to create a trade deal if even minimal effect” and of course no deal is legal until the UK remains in the EU. Continue reading

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Filed under Brexit, Courts, Discussion, Europe, Human Rights, Immigration, Iran, Islamophobia, Karachi, Pakistan Horizon, PIIA, 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

Dr Reeza Hameed: The Case Against the Death Penalty

Following the attack on the APS, Pakistan removed the moratorium on the death penalty. The hangman Albert Pierrepont said capital punishment is “a primitive desire for revenge”. This post looks at the case of Sri Lanka. 

There has been an organised move to bring back the hangman and implement the death penalty in Sri Lanka. Several weeks ago, Colombo District MP Hirunika Premachandra presented in Parliament an adjournment motion for the revival of capital punishment in Sri Lanka. She said that once the motion went through Parliament she would request President Maithripala Sirisena and the government to consider bringing back capital punishment. The motion seems to have been grounded in the member’s belief that capital punishment is the solution to the increasing anti-social and violent activities within the country. An adjournment motion does not end in a vote but some members of the government supported the motion while others spoke against it. In the course of the debate, the Minister of Justice made a statement in the House, confirming the government’s intention to sign the UN moratorium in November 2016. Subsequent to his statement in Parliament, the Minister was reported to have said that the moratorium on the penalty will continue but it will not be abolished.

The death penalty is a cruel, inhuman or degrading form of punishment and it should be eliminated from the statute books. It is pre-meditated killing by the state. Curiously, even before the fair member had tabled her motion in Parliament, the Prison Commissioner had advertised the vacancies for the post of hangman and refurbished the gallows at the Welikade Prison. In the vernacular, a hangman is referred to as vadhaka, commonly known as ‘alugosuwa’, a word which is of Portuguese origin (algoz). Continue reading

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Filed under Courts, Criminal law, Discussion, Dr Reeza Hameed, Human Rights, India, Sri Lanka

Northern Ireland’s Haunted Peace

As exemplified in the Great Famine, Ireland historically suffered at the hands of the British but now British forces are being investigated over the Bloody Sunday massacre in 1972. If anything, the spectre of the past still haunts ex-servicemen. ***PIIA condemns the attacks in Paris today.

We in the east look to Britain as a champion of human rights yet the Cameron government considers the UK’s Human Rights Act 1998 (HRA) as a “farce” and wants to “scrap” this fine legal instrument which empowers British courts to give effect to the rights enshrined in the European Convention on Human Rights (ECHR) but does not bind the domestic courts to the Strasbourg jurisprudence.

However, a “blueprint” of the British Bill of Rights, which seeks to replace the HRA, leaked to the press articulates plans to override “slavishly” following the Strasbourg Court and instead champions the common law and Commonwealth jurisprudence. In relation to Northern Ireland and the UK’s long war against republican terrorism, the Good Friday Agreement marked “a truly historic opportunity for a new beginning”. It heralded “a fresh start” and the ECHR is woven into its fabric; the historic accord that brought peace to Northern Ireland ultimately rests on the wider idea of human rights, which is under serious threat from the present Conservative government. Continue reading

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Filed under Bloody Sunday, Courts, Disarmament, Discussion, Europe, Human Rights, IRA, Pakistan Horizon, Politics