"Let there arise out of you a band of people inviting to all that is good enjoining what is right and forbidding what is wrong; they are the ones to attain felicity".
(surah Al-Imran,ayat-104)
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User Name: Dr.Maqsood
Full Name: Dr. Maqsood Jafri
User since: 19/Nov/2011
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Cardinal Points For Consideration

By:  Dr.Maqsood Jafri

There are some portentous points that need to be considered in the large national and human interest. Due to the ponderous speeches of some senseless politicians , controversial and obscurant decrees of some clerics and cumbrous  analysis of so called strategic analysts in the robes of retired  civil and like blind emotional lovers the wretched exploited classes yearn to see the days of hope. Dorothy Parker optimistically cherishes the delusions of successful love in these words in a poem titled “Love Song”:

My love runs by like a day in June,

And he makes no friends of sorrows.

He will treat his galloping rigadoon

In the pathways of the morrows”.

To err is human. But we see some humans who keep on erring but they never realize what they do. They are stubborn.  They thing they are incorrigible. They consider themselves   inerrant and infallible. Majority of our leaders belong to this class. Our rulers and bureaucrats have illusions and their delirious behavior makes them mental pigmies. They are looters and swindlers and consider the poor public as their slaves.  These imposters have many faces.  These deceivers dupe the illiterate and underprivileged masses.  The irony of the fate is that these professional politicians and clerics have brought immeasurable misery to humans.  These deceivers never admit their crimes, sins and pitfalls. Their adamancy and sycophancy have made them like stooges who stupefy others but do not know that they are the most despicable creature on the globe.  About such metal dwarfs and Shakespearian snails, the former poet laureate of the USA, Louise Gluck in a poem says:

“We are all humans.

we protect our selves

as well as we can

Even to the point of denying clarity, the point

Of self-deception”.

Our politicians weave the webs like fastidious spiders but they are then wrapped in their own webs.  When they are backed by the agencies, they praise them.  Pakistan Muslim League (Q) was made by the ISI to defeat and destroy the Pakistan peoples’ Party and PML(N).  It is the bitter reality of our politics that after the death of Quaid-e- Azam and Liaqat Ali Khan, the civil bureaucrats like Ghulam Mohammad, Mohammad Ali  and  Skindar  Mirza usurped the power.  Where was the Muslim League?  The Mulim League leadership stood in queue to be taken as ministers.  No one challenged the rule of the bureaucrats.  When  General  Ayub Khan took our after a military coup, no politician resisted.  It was only after his long rule that on the occasion of presidential elections, the Muslim leaguers gathered under one canopy and presented the old and ailed sister of the founder of Pakistan.  Mohtarma Fatima Jinnah lost the elections.  The opponents of General Ayub Khan blame him for the rigging of the elections.  Once, I asked Field Marshal Ayub Khan about this election.  He retorted:” In my public meeting, I presented the economic program for the nation, while the opposition parties had no economic plan. They only talked of the restoration of democracy.  The people of Pakistan preferred to have economic facilities with democracy that I offered them and they voted for me.”   This was the reply of Field Marshal.  Whether, it was true answer or just a concoction to justify his rigging, one thing is clear that majority of the people of Pakistan had rejected the feudal leadership of Muslim League.  Quaid-e- Azam was surrounded by the feudal lords and his party had the support of the elite class. As, he was a sincere leader, the masses were also behind him.  It is very tragic that after his demise, the feudal leadership of the Muslim League badly failed in politics.  Some people are of the opinion that Jawarhar Lal Nehru, the Indian leader had announced to confiscate all land of the Feudal  lords and turn India into a socialist state, the  Muslim landlords found refuge in the Muslim League to save their lands.  They were not committed to Pakistan and democracy. Whenever, the military rulers usurped the power, these land lords supported the dictators and shared the power.  During the regimes of Field Marshal Khan , The Muslim League supported him.  It supported the callous regime of General Zia-ul-Haq.  It was the part of the regime of General   Pervez Musharraf.  The ISI of Pakistan has been playing the political role to strengthen the rule of the military dictators.  In 1971 general elections, the Muslim League was badly defeated in the West Pakistan by the PPP of Mr. Bhutto and in East Pakistan by the Awami League of Sheikh Mujeeb-ur-Rehman.  After that there was no justification of the Muslim League to claim any political role in politics. Some people are of the opinion that the Muslim League  was basically meant for the creation of Pakistan and was based on the theory of two nations in the Sub-continent.  After the creation of Pakistan, it should have been dissolved as a party.

The role of the ISI in the politics of Pakistan is being criticized even by Pakistan Muslim League(N) that nourished, flourished, furbished and nurtured on the lap of a callous military dictator General Zia-ul-Haq.  The leaders of this party twice Maneuvered with the ISI to finish the government of the PPP.  When Lt.  General Hamid Gul was the DG of the ISI, he formed the IJI to defeat the PPP in the general elections. He has the moral courage to accept this.  On many TV interviews, he admitted the role of the ISI to damage the PPP.  It was his greatness to admit in a recent TV interview on ARY taken by Kashif Abbasi to admit that Mohtasrma Benazir had never deviated on the issue of Kashmir and nuclear plant. Putting aside all political difference, he admitted that it was only propaganda against her that she was a security risk or was detrimental to the national interests.  Then, we find the Chief of Army General Aslam Baig, conspiring to finish the democratic government of Ms. Benazir Bhutto.  The DG of the ISI  Lt. General(retd) Asad Durrani  had filed an affidavit  in the supreme court of Pakistan that he had distributed money in the opposition leaders against the government of the PPP.  He had submitted the list of the politicians who received money.  Once, I was sitting in the office of a friend of mine Mr. Zafar Iqbal in Islamabad along with Mr. Riaz Fatiyana, the member of the national assembly, suddenly General  Asad Durrani entered the room.  When introduced to us by Zafar Iqbal, he looked at Riaz Fatyana with leering eyes and spiteful tongue:” Oh, These politicians are very dirty.  They are a purchasable commodity.”  Riaz Fatyana was stunned and kept mute.  He avoided any bitter discourse.

Just the other day, I was having a cup of coffee with Sardar Nusrullah Khan and attorney Shahid  Mehr in a Dunkin donuts in New York.  We were talking about the Memo gate issue.  Sardar Nusrullah said that he personally knew Mansoor Ijaz and found him untrustworthy.  Mr. Sohail waraich in his book Urdu titled “Qatil Koun”( Who is the Murderer) has written about his meeting with Ms. Benazir Bhutto in London where he also met with Mansoor Ijaz. He has written that when Mansoor Ijaz left the house, Ms. Benazir Bhutto told them that the guy is not trustworthy.  The waiter of the Dunkin Donuts happened to be a Pakistani. He had overheard our conversation.  He came near to our table and requested to be heard.  We were astonished what he had to say. He said that his name was Naveed and presently was a sympathizer of the PML(N), but he had moral courage to speak the truth.  He said that he was a great devotee of Mr. Bhutto but after his assassination, he was not satisfied by the party leadership.  He told us he is also a great admirer of the political and intellectual qualities of Ms. Benazir Bhutto.  He condemned the role of establishment in politics.  He amazed us by saying that Benazir Bhutto was shot dead and his head scarf (Shawl) blew in the air by the bullet and later on was in the custody of the agencies.  As it was a bullet wound and the head scarf (Chadar) had a hole because of bullet, it was taken by the agencies. He was of the opinion that General Pervez Musharraf with the connivance of Brigadier(retd) Ijaz Shah, the DG of Intelligence Bureau(IB) and the religious extremist  got her killed.  The focal point of the discussion of this waiter was the rejection and resentment on the interference of the government agencies in politics.  Last week, the article of Dr. Ghayur Ayub, in his article has medically proved that the head wound  of Ms.Benazir Bhutto was not a “pressed wound”  by the vehicle lever but the wound of a bullet.  He also criticized the role of Brigadier(retd) Iqbal Cheema who tried to prove that the wound was nit of the bullet but of the lever.  Whether, the intellectuals like Dr. Ghaur Abbas or the waiters like Naveed, all Pakistanis want to see Pakistan a democratic country without the interference of agencies.

The people of Pakistan opine that Imran khan is being supported by the ISI.  The purpose is to prepare a party that is anti-America and anti-Pakistan. Some political analysts are of the view that as Imran Khan has soft corner for the Taliban and has emerged as a preacher of Islam, he is needed for the strategic and national interests.  If, he comes to power, he will listen to the policies of the establishment and will not listen to the policies of the pressing Americans.  Imran Khan is against the PPP and the PML(N). He is being prepared on the political front. On the other hand, the ISI under the guidance of the former DG of the ISI, General Hamid Gul, who is well known for his anti-American stance and for having a soft corner for the Taliban, has formed “ Pakistan Defence Council.” In this council persons like Ijaz-ul-Haq, Sheikh Rashid, the Amir of Jamaat-e-Islami syed Munawwar hussain and the Amir of jameet-e-Ulama-e Islam senator Samee -ul-Haq have been herded.  These people are well known for their anti-America stance and for being the sympathizers of Taliban.  Moulana Fazal-ur-Rehman who is also well known as anti- America and is the supporter of Taliban has been kept aloof from this Council. The reason being that had been an ally of the Pakistan Peoples’ Party and has been criticizing the interference of the ISI in national politics. In a recent public address in Karachi, he declared that he is a moderate Muslim and is opposed to sectarianism, terrorism and religious extremism.  He said he is not against Americans but is against American policies in world politics. He criticized feudalism, capitalism and communism and declared his support for Islamic social justice and democracy. He strongly criticized the role of the ISI in politics.  This seems the reason of his being out from Pakistan Defense Council.  The other day, the leader of the PML(N) and the member of parliament Khawaja Saad Rafiq also expressed his deep resentment and annoyance on the interference of the ISI in Politics. These people are of the view that ISI is augmenting the influence of Pakistan Tehreek-e-Insaf and Pakistan defense council to defeat the PPP and the PML(N). But it will never succeed in its’ mission.  All the big parties will make a coalition government ousting Imran Khan and all religious diehards.  Pakistan needs moderate and progressive government. The people have always discarded the hard-liners.  The times and climes have changed.  We are not living in the era of General Zia-ul-Haq or the times of General Perzez Musharraf.  We have now entered into 21st century that calls for democracy. The autocratic regimes of Husni Mubarak, Muammar Qaddafi and Saddam Hussain have been blown by the winds of time. Bashaar –ul-Asad and Salih are in trouble waters. Saudi Arabia and other Arab monarchies are trembling by the outcries of the revolutionaries. Under the situation what the agencies of Pakistan plan?

 Reply:   I am not a constitution expert.
Replied by(Dr.Maqsood) Replied on (6/Feb/2012)

Dear Arqaba, I am not a constitution expert. If article 199 is before the constitution of 1973, then the capital sentence can be challenged in the court. If it is in the constitution of 1973 and the martial courts punished some civilians, it can not punish the civilians but if the culprits were from army, then they can be punished by military courts. Better you contact any lawyer having expertise in constitution. Sincerely yours, Dr.Maqsood Jafri
 Reply:   Injustice
Replied by(Arqaba) Replied on (5/Feb/2012)

THE ARTICLE 199(3) OF THE CONSTITUTION OF PAKISTAN IS REPUGNANT TO THE INJUCTIONS OF ISLAM OR NOT??? Assalam O Alaikum With due respect, I want to draw your attention to a serious matter.There are 12 condemnd prisoners sentenced to death in an incamera courmartial by Pak army and airforce in 2005,for attacking ex dictator Pervez Musharraf in december 2003.(For details www.Airmenofairforce.Blogspot.Com) They claim their innocence and deny any wrong doing.They describe their trail unfair,unjust,baised,politically motivated and punitive. I want to know how they can get justice?how they can prove their innocence? No plate forum is available to seek justice against court martial.The article 199(3) of constitution of Pakistan,limits the power of high & supreme court to hear appeals against court martials. This clause comes from 1962 constitution,drafted by Justice Shahbuddin. The question is who is responsiable for this BLACK LAW? Judiciary,military or politicians? The fundamentel rights from article 8 to 28,prescribed in 1973 constitution,do not apply to the laws,provisons,acts & rules prevail in the country before 1973. It means fundamental rights do not apply to Army act 1952, AirForce act 1956,and Navy act. The above mentioned acts comes from coloneal age of British Raj . Whose judgments in matters of law & constitution can be more accurate? Of a qualified,experiencd & impartial full bench of supreme court Or of a non professional jury of military officers,who are expert in war studies not in legal issues.??? Offcourse,answer is full bench of supreme court. But how nonsense it is that in Pakistan,the verdict of full bench of supreme court is challangabe but not an unfair,incamera,court martial. Is military court is more just then supreme court??? Abdul saboor the 4th detainee dies in army custody.he was facing court martial for section 2(1)(d) of army act 1952. World knows they were handed over to army from Adyala jail. Army says that have arrest them from tribal area waging war. I ask u a question if the remaining get death penalty by military court how wil they get justice because they would not be allowed to appeal against their conviction in high or suprem court due to article 199(3) of constitution. I hope you may forward this serious case of 12 inmates at death row for suo moto action of fedral shariat court( Original and Suo Moto jurisdiction Article 203-D of the Constitution empowers the court to examine and decide the question, whether or not any law or provision of law is repugnant to the injunctions of Islam) and will reply me with a lawfull solution. With best Regards
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