Author: Abdullah Nizamani

Abdullah Nizamani is a law graduate from Hamdard University, Karachi and BPP University, London. He is currently practicing law in Karachi.

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Constitutional Militarization of Judiciary

Constitution of Pakistan has been amended for 21st time since its promulgation in the year 1973. Laws are made to regulate the society and whenever needed, they may be amended for compatibility with the prevailing circumstances. Unfortunately in Pakistan, a number of constitutional amendments have proved to be disastrous rather than bringing any good. The examples include Eighth Amendment and Seventeenth Amendment whereby the parliamentary character of the constitution was changed to favor dictatorial regimes. Second Amendment is also such example in which the state took the responsibility of defining who is a Muslim and who is not. The Amendment discriminated against the Ahmadiyya community subsequently leading to their systematic persecution.

The military courts will run parallel to the existing judicial system which will effectively leave the jurisdiction of civilian courts especially Anti-Terrorism Courts (ATC), High Courts, and the Supreme Court, almost redundant.

The public opinion on the 21st Amendment is surely divided. Though a number of people are supporting it, there are other who are vehemently opposing it as well. The later include people from legal fraternity, politicians, religious leaders and nationalists. Those opposing it have varied reasons for doing so. In my opinion the concerns raised by lawyers and nationalists demand our serious consideration.

According to the 21st Amendment, the application of Article 175 of the constitution, which deals with the establishment and jurisdiction of superior courts, has been barred over the newly established military courts. The military courts will run parallel to the existing judicial system which will effectively leave the jurisdiction of civilian courts especially Anti-Terrorism Courts (ATC), High Courts, and the Supreme Court, almost redundant. The legal fraternity opines that it will seriously affect the dispensation of justice, right to fair trial, and the principle of separation of powers.

The nationalists of Sindh and Balochistan have even more serious issues with the establishment of military courts. They cry that the amendment may seriously jeopardize the future of their people who have been allegedly picked up by the intelligence agencies. They also believe that the illegal and forced disappearance of the nationalist leaders and activists would be given a legal cover without affording an opportunity of fair trial as a fundamental right guaranteed by the Constitution of Pakistan.

The constitutional amendment establishing military courts has shaken the very basis of judicial structure. The supporting view of the 21st amendment do not hold any significance when it’s looked in the purview of prevailing laws and existing judicial system. The question arises why do we need a parallel judicial system that contradicts fundamental rights guaranteed in the Constitution while we already had Anti-Terrorism Courts which were established with the objective to prosecute alleged terrorists and those found using religion/sect to camouflage their nefarious activities.

The 21st Amendment has also come to provide a constitutional cover to the controversial Protection of Pakistan Act (PPA) 2014. PPA has been enacted with the aim to provide for protection against waging of war or insurrection against Pakistan, prevention of acts threatening the security of Pakistan and for speedy trial of categorized offences falling within the ambit of PPA. The Act was passed amid overwhelming opposition by the lawyers’ community, politicians, and the Baloch and Sindhi nationalists who feared its misuse. The 21st Amendment and the PPA both have given more power to the already powerful security establishment.

Protection of Pakistan Act mandated the government to establish special courts under the Act and directed the appointments of judges who were supposed to be civilians but nothing so far has been done in this regard.

The supporting view of the 21st amendment do not hold any significance when it’s looked in the purview of prevailing laws and existing judicial system.

The 21st Amendment as well as PPA both being sunset legislations would cease to have effect after two years from their commencement. Will they achieve something positive? In the light of past precedents of military courts, it can be safely said that nothing will change unless the criminal justice system is reformed and the capacity of subordinate judiciary is enhanced.

Separation of power is one of the cardinal principles of democracy according to which every state institution has its specific, constitutionally defined role to perform; military to safeguard the borders, police to act as internal security warden, legislature to enact laws, executive to implement the laws, and judiciary to dispense justice.

This hasty Amendment contradicts the principle of separation of powers by engaging military in an affair which does not come under its ambit. Judicature has been totally barred from what actually was its duty to dispense justice. All the affairs from executive, security – internal and external – and judiciary have been vested in one institution that too for two years. Will they be actually able to hang all terrorists in short period of merely two years? I reckon, not. Judiciary, if provided the security and resources, would surely do much better than what military courts would do. High hopes from military courts may end up in utter disappointment.

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Hypocrisy in the Name of Blasphemy

Apart from politics, blasphemy in perhaps the most debated topic these days. Owing to the sensitivity of the issue and pace in its events, the news related to blasphemy hardly misses the headlines every other day in the mainstream media.

A simple allegation of blasphemy, sans evidence and witnesses, make a common person an extremely disgraceful yet well-known figure overnight.

Shama and Shehzad, Asia Bibi, Rimsha Masih, Junaid Hafeez, Mohammad Asghar and media bigwigs are few of the alleged blasphemers who have either been burnt alive in brick kiln, languishing in death cell, forced to leave Pakistan, incarcerated in solitary confinement, shot dead by the prison guard supposedly motivated by religion or sentenced to life imprisonment in absentia without fulfilling the basics of principles of natural justice.The blasphemy – no matter proven or otherwise – is a common factor which makes the aforementioned individuals exposed to public justice.

Blasphemy has often been used as an effective tool to settle personal scores, take out personal or professional grudge, wrapping an illegal act in the shroud of blasphemy or offsetting the loans etc.

It has been one of the most horrendous pieces incorporated in the penal laws of Pakistan.

Recent victim who has fallen in the trap is a singer-turned-cleric Junaid Jamshed who had been making headlines otherwise. Junaid Jamshed, being a Moulana, is implicitly immune from committing any sin. Even if committed, they presume, the chances of his forgiveness after repentance before Almighty are higher compared to a non-bearded practicing Muslim.

Whether law or moral vindication, both should be equal and enjoyable by anyone and everyone irrespective of his/her appearance, religious beliefs, and social standing.

A video uploaded few days ago started making rounds on social media wherein Junaid Jamshed is making extremely outrageous remarks, deemed blasphemous by many, with respect to Prophet Muhammad (Peace Be Upon Him) and one of his wives Hazrat Aisha.

The intensity of reaction to the video was so astonishing that the mentor, teacher and friend of Junaid Jamshed, Moulana Tariq Jameel, appeared in a prerecorded video distancing himself from the controversy. Some other clerics of different sects held protests against Junaid Jamshed calling for bringing him to justice for the blasphemous remarks.

As the video went viral on social media and mainstream media picked up the news, Junaid Jamshed appeared in a video shedding crocodile tears to extend an apology and asking for forgiveness for his “inadvertent mistake committed due to lack of knowledge”.

Junaid Jamshed may have erroneously made the remarks but why is he expecting reprieve without going through the course of law? The law which provides life imprisonment or death penalty for the alleged blasphemer and is propagated by the right wing as a divine law derived from Qur’an.

Many have been calling that the apology of Junaid Jamshed should be enough to purge him of the crime he has committed. This is where our collective hypocrisy is reflected when we keep mum on extremely flawed trial of Asia Bibi whose actual “blasphemous” remarks are not known to anyone. Shaista Wahidi, Veena Malik and Geo TV’s apologies were not taken into account. Muhammad Asghar’s and Rimsha Masih’s medical and psychological complications were not considered, while Junaid Hafeez has been deprived of his fundamental right to fair trial.

Whether law or moral vindication, both should be equal and enjoyable by anyone and everyone irrespective of his/her appearance, religious beliefs, and social standing.

Why a bearded Junaid (Jamshed) be forgiven for admitted blasphemy and non-bearded Junaid (Hafeez) be incarcerated with constant threat of being killed while in custody? Either Junaid Hafeez or likes of him be set at liberty or Junaid Jamshed be punished for his crime.

The provisions pertaining to blasphemy are misconceived, misleading, often misused and most importantly incompatible within any legal system.

Seemingly, the clergy has made a separate code of conduct for them and for those who look different from them or do not conform to their religious teachings. Equal treatment bears no significance to them.

The bubble of blasphemy law had to burst tomorrow if not today. The religious quarters had been the most vocal clique who has vehemently opposed the amendment, let alone the repeal, of the blasphemy law. Today they are having a taste of their own medicine. The remarks made by Junaid Jamshed will be exploited by his own brethren who do not agree with his viewpoint while many will come out for his rescue unlike an alleged blasphemer, who does not enjoy such and is less privileged to solicit support of the powerful religious personalities.

The provisions pertaining to blasphemy are misconceived, misleading, often misused and most importantly incompatible within any legal system. Unless they are repealed, if not then their misuse qualifies for equal punishment, the hypocrisy will continue in the name of Islam. Though, the law is neither derived from Qur’an nor is it Islamic yet Mullahs are inclined to label it Islamic.

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Of Heroes & Anti-Heroes: Malala Yousafzai

She came to public attention in January 2009 when her blog appeared on the BBC Urdu website about life under Taliban in the war torn valley of Swat, using the pen name Gul Makai and it gained popularity.
Later she appeared in a documentary for The New York Times website. Malala Yousufzai, a teenaged school girl rose in the public eye as she appeared on TV channels and attended conferences and seminars where she spoke eloquently advocating peace and education especially for girls. Since then she has remained in the limelight to champion her cause.

In October 2012 Malala was again in all headlines when she suffered bullet injuries in a targeted attack on her by the Taliban. She was shot at point blank while returning from school in broad daylight. In her book she narrates “I come from a country which was created at midnight. When I almost died it was just after midday.” The attack left her with a brain injury, a broken skull, a damaged nerve and a permanently impaired hearing. She was not expected to survive but miraculously she did. Her world, however, has changed.

It was not just an attack on a young teenaged girl; it was an attack on a voice that refused to be muffled by the mindless atrocities of the Taliban and their terrorism.

Immediately after the attempted assassination, sympathies for her survival and condemnation against her perpetrators poured in, as did speculation. Malala was initially treated at the local hospital but given to her critical condition she was shifted to the military hospital in the garrison city of Pakistan. The doctors were putting in their best efforts but her brain injury was extremely serious and there was very little hope for recovery, whereas the Army Chief himself was taking keen interest in the matter. A decision was taken to shift Malala to the Queen Elizabeth Hospital in Birmingham. Malala writes, “Nobody consulted my parents on what should happen to me. All decisions were made by the Army.”

It seems that not just all criticism against her has failed and she has risen to gain respect as a symbol of courage and determination globally, her resolve to fight against the tyranny of her oppressors has remained undeterred.

Gradually the news story of the attack on her was not a headline story anymore in Pakistan. The sympathy for her turned into apathy, Malala was flown out of the country in a critical condition as she fought for her life.
From the day she was attacked all types of conspiracy theories were being propagated but with the decision to air lift her to Birmingham for treatment, the pace at which these theories were coming forth almost doubled. Malala aptly writes in her book that “our people see conspiracies behind everything”.

There are theories like she is an agent planted by the West working against the interest of Pakistan and on anti-Pakistan agenda or that the attack on her never took place at all or that the Tehreek-e-Taliban Pakistan (TTP) never orchestrated the attack, and that there are many more angles and perspectives to Malala.

In Pakistan, a country where news channels are more popular and have a large viewership as compared to the entertainment channels, the propaganda against Malala has never stopped. A large number of TV talk shows have elaborately discussed and debated Malala and many self-proclaimed scholars and analysts have been extremely vocal propagating baseless rhetoric against her and her family in an attempt to taint her image and declare her to be a dubious character with ulterior motives having an anti-Pakistan agenda. However, all these allegations have been levelled without any proof whatsoever.

The social media has been streaming with all types of theories and stories based more on fiction than facts and smear campaigns have been actively injected to influence the mindsets of the public. An overwhelming majority, indeed, has been filled with a negative image of Malala and hatred for her.

Malala who has strongly campaigned for the right to education, for peace in the region and against the TTP has been projected as an anti-Pakistan figure and a Western agent. It seems that people with strong anti-Malala sentiments would have been glad if she had died in the attack on her and her assassins would have been the real heroes who had silenced an alleged Western agent, regardless of the fact that this voice has been speaking only in the long term interest of Pakistan.

However, all this negative publicity in her own country and every attempt to taint her image has miserably failed and Malala has emerged as a global symbol of peace and the youngest ever nominee for the Nobel Peace prize as well as the youngest Nobel Laureate in the history of this most prestigious honor.

It seems that not just all criticism against her has failed and she has risen to gain respect as a symbol of courage and determination globally, her resolve to fight against the tyranny of her oppressors has remained undeterred. In her own words, “If you are afraid you can’t move forward”.

The Norwegian Nobel Committee’s decision to co-nominate Kailash Satyarthi, an Indian children’s rights activist, along with Malala has perhaps further offended her critics. They might have despised her less if Malala would have shared this honor with someone else. At the state level Malala has been referred as the pride if Pakistan, yet it is surprising to see how she is still mocked, despised, hated and disliked by certain segments of the society who appear to still dwell in the dark ages, centuries behind the world though hours ahead in time zone.
Malala’s efforts for education and peace are unmatched so more power and glory to Malala. For her achievements and heroic role in education empowerment, the hate, humiliation and spite towards her is understandable as a large number of Pakistanis do not treat their real heroes according to their worth. The first Pakistani Nobel laureate Dr. Abdus Salam was alienated by his own people and now its Malala’s turn.

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The Constitution of Islamic Republic of Naya Pakistan

PREAMBLE:
Whereas, sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Naya Pakistan shall be through Kaptaan Khan (to be referred as “Johnny Does It All”).
Now, therefore, we the people of Naya Pakistan do hereby, through the Tigers of Pakistan Tehreek-e-Insaf (PTI) staging sit-ins all over the universe, adopt, enact and give to ourselves, this Constitution of Islamic Republic of Naya Pakistan.
Loyalty of the subjects of Naya Pakistan shall be with “Johnny Does It All” alone.

FUNDAMENTAL RIGHTS AND DUTIES:
1. It shall be the duty of parents to bring their toddlers and infants in every dharna of PTI. The razakars of PTI shall be bound to provide all the necessary items to the toddlers and infants, which may be necessary to avoid kids from catching pneumonia, dehydration or diarrhea, as the weather may have likelihood to change.
2. Every participant of dharna shall have the right to move freely throughout Naya Pakistan, the restriction of the movement of other citizens due to dharna shall not be taken into account.
3. Every citizen shall be free to play music as loud as he wishes to while staging the sit-in and he shall be at liberty to block any road, street and highway without any prior intimation/permission from the concerned authorities.

PRINCIPLES OF POLICY:
1. Every citizen of Naya Pakistan shall be bound to address others with the terms and phrases which are devised by the founder of Naya Pakistan at historical D-Chowk dharna site. All other terminologies, be they inconsistent with decent and courteous terms, shall be preserved and promoted among the masses.
2. Full participation of the public in every sit-in shall be strictly ensured by the Tigers of PTI.
3. The State shall ensure expeditious justice. The culprits shall be handed over immediately to the “Johnny Does It All” who shall punish them with his own hands. The method that shall be applied will vary according to the crime ranging from slap, spank, holding from neck, to strangulation.
4. It shall be the primary duty of the State to strengthen fraternal relations with the holy warriors such as Tehreek-e-Taliban and other splinter groups/tribes scattered around Naya Pakistan and across the borders. They shall be encouraged to settle and open up their offices within the peaceful and lavish areas of Naya Pakistan.

PRESIDENT, PRIME MINISTER, CHIEF JUSTICE AND POLICE CONSTABLE:
1. There shall be a President, Prime Minister, Chief Justice and Police Constable of Naya Pakistan. The powers of all these offices shall be vested in Johnny who shall do it all.
2. “Johnny Does It All” shall elect himself as President, Prime Minister and head of all other institutions including but not limited to Chairman WAPDA and Minister of Public Health.
3. The election/selection of “Johnny Does It All” shall not be called into question in any court of law.
4. “Johnny Does It All” shall be the lifelong President, Prime Minster, Chief Justice and head of all institutions. The duration of the office shall not be curtailed.
5. Johnny shall enjoy unfettered discretion which shall not be questioned.

PARLIAMENT:
There shall be a Parliament of Naya Pakistan and will be called Awami Parliament. The members of the Awami Parliament shall be selected by “Johnny Does It All”. The members of the Awami Parliament shall hold the sessions at sit-in sites. They shall discuss and deliberate upon the core issues of Pakistan, e.g. perfect dance moves on every beat of PTI songs, precautions for scorching heat and spine chilling cold, as the case may be, and the training of youth in removing containers placed for the security of sensitive places.

JUDICATURE:
There shall be only one Court in Naya Pakistan which shall be called as “Imran Ki Adalat”. The Court shall be headed by “Johnny Does It All”. He shall be its Chief Judge, Prosecutor, Defence Attorney and the Chief Executioner.

ELECTIONS:
There shall be an Election Commission in Naya Pakistan. The Election Commission shall be responsible to hold elections of trade and student unions, cantonment boards and market committees. Apart from that the Election Commission of Naya Pakistan shall not interfere in the general and local bodies’ elections which fall within the exclusive domain of “Johnny Does It All” who shall be at liberty to hire, fire and retire any member of the Parliament or any other person working in any capacity in the State of Naya Pakistan.

MISCELLANEOUS
1. The national language of Naya Pakistan shall be Urdu, but every citizen of Naya Pakistan shall be free to use the terms and phrases such as Oyeee, shalwar geeli hojae ge, apne hathon se saza don ga, sharam karo, sharmnaak etc.
2. All citizens of Pakistan who were declared ‘non-state actors’, terrorists and enemies of Pakistan shall be recognized as our own brothers having equal rights as enjoyed by any other citizen of Naya Pakistan.
3. Any citizen, who challenges the authority of “Johnny Does It All” or any of his subordinates, shall be transported to Manora Island and shall spend the rest of life in isolation.

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Is History Repeating Itself? Towards the End of Turmoil

After years of ceaseless efforts of politicians, journalists, lawyers, civil society and other sections of the society, a fledgling democratic system has taken root in Pakistan but the political stunts by Imran Khan and Tahirul Qadri have put the whole development in jeopardy.

Stubborn Imran, crazy Qadri and ignorant Nawaz Sharif have made Pakistan a laughing stock in the world. The long march was said to be aimed at reforming the electoral system, though PTI with its 34 members in the Parliament did not make any effort to do it while remaining within the system. Imran Khan’s demeanor shows that his other demands are mere blanket over his primary demand of PM’s resignation. As far Tahirul Qadri, he seems to be living in the state of utopia while having fits of egocentrism every now and then.

Imran Khan has been trying to turn public opinion in his favor vis-à-vis election rigging but his arguments lose their ground when the outcome of election petitions filed by his party is assessed.

Imran Khan has been trying to turn public opinion in his favor vis-à-vis election rigging but his arguments lose their ground when the outcome of election petitions filed by his party is assessed. According to facts, Imran Khan’s PTI filed 77 petitions with the Election Commission under Section 103-AA of Representation of People Act, 1976 which were disposed of. Besides, another 61 election petitions were filed under Section 52 of the same Act out of which 37 have been rejected favoring the winning candidates.

PTI was given ample opportunity by the Tribunals to prove their case with convincing evidence but it failed. Some of the cases decided by the Election Tribunal were challenged in the Supreme Court and the Court observed that PTI has not presented reliable evidence whereby the Tribunals could have decreed the petitions in its favor.

The charter of demands as presented by Imran Khan might be accepted by Nawaz Sharif if PTI expunges the demand of his resignation. On the other hand, Imran Khan has made it clear that he would not negotiate until Nawaz Sharif resigns. But by demanding the resignation in this way, he is actually defying the Constitution of Pakistan. The constitution provides the method of removal of Prime Minister by way of vote of no-confidence under Article 95. Before launching the movement, Imran Khan should have exhausted the remedy provided by the constitution. He is in no way justified in demanding the resignation other than through moving the resolution of no-confidence against the Prime Minister. Though the protestors have been occupying the capital for about a week, the government has still not used force to disperse them, which is indeed very appreciating.

Nawaz Sharif may somehow manage to survive the mob led by Imran Khan and Tahirul Qadri but the inquiry report of Model Town incident and subsequent events in that respect may keep haunting him. In pursuance of an application filed in the Sessions Court of Lahore, the Judge has reportedly ordered the police to lodge a First Information Report (FIR) of the incident wherein Nawaz Sharif has also been proposed as one of the accused.

The sit-ins of Tahirul Qadri and Imran Khan, which get thin during the day and thick in the night time, are waiting for the outcome. The crowd has been instilled with the assurance of resignation of the PM. They would, therefore, not call it a day unless the PM resigns. The ego of Imran Khan and Tahirul Qadri will also be seriously hurt if PM does not resign. In such case the apprehension is that the crowd of thousands of people may turn violent and may storm the buildings situated in the Red Zone.

The resignation of Prime Minister may fill the appetite of Imran Khan but it would set a negative precedent providing religious and political pressure groups with an excuse to stage the sit-ins in the capital bringing the whole system to a standstill.

The resignation of Prime Minister may fill the appetite of Imran Khan but it would set a negative precedent providing religious and political pressure groups with an excuse to stage the sit-ins in the capital bringing the whole system to a standstill. Therefore, the wisdom demands that the Prime Minister should not resign under the pressure of protests. But Nawaz cannot achieve salvation and solace even if he stays in the office, as the Model Town case sword is also hanging over his head.

As the events unfold it appears that history is repeating itself. It was exactly 40 years ago when Nawab Muhammad Ahmed Khan, father of Ahmed Raza Kasuri, was killed in Lahore. Zulfiqar Ali Bhutto, then a powerful Prime Minister of Pakistan, was booked in the murder case for allegedly aiding and abetting to assassinate Ahmed Raza Kasuri that ended up killing his father. Post 1977 general elections kick started countrywide protests by Pakistan National Alliance (PNA) but it could not do what a murder case did. Bhutto could not escape death which was outcome of the FIR by Ahmed Raza Kasuri lodged at Ichraa Police Station Lahore. The direct intervention by the then Army Chief General Zia made sure that Bhutto is to be hanged ignoring all the ends of justice and principles of natural justice in conducting the murder trial.

Surprisingly Imran Khan as well as Tahirul Qadri have not been insisting too much on the registration of the FIR against Nawaz Sharif but are shouting in air for his resignation. The “stakeholders” have so far retained the legal weapon, the FIR, which could be used at another time after using all options. Mere the demand of resignation may not work but the murder case, if registered, would. Apparently, Nawaz Sharif had no role in what happened in Model Town but his affinity with the Chief Minister of Punjab has the tendency to be misused as pressure tactic to coerce him. As the law in Pakistan has the history of misuse, keeping in view the convenience of the mighty. What the long march, protest, agitation and violence cannot do, can be achieved by invoking section 154 of the Code of Criminal Procedure — the FIR. Now it is up to the courts and the fate of Nawaz Sharif, whether he would end up in the glittering power corridors, or fight a long and risky legal battle.

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Invoking Article 245; Ignoring Responsibilities & Repercussions

Use of military, whether in a developed or developing society, is always the last option to be used. Only when entangled in the vortex of internal or external security crisis, calling the help of armed forces can be justified. But Nawaz Sharif led federal government has called on army in order to avoid the upcoming challenges from the political opposition, leaving their chores upon the shoulder of Pakistan Army and it has probably ignored the repercussions it may entail.

The government seems to have made the decision in haste. Complete handing over of the federal capital to the army, which is already busy terminating insurgency and fighting the war of survival for Pakistan, can only be equated with acceptance of failure.

The Nawaz government seems to have not discussed and deliberated minutely upon the repercussions of invoking Article 245 of the Constitution

The picture it would depict to the world is that the government was strong enough to use civilian forces to guard the federal capital when the suicide bombers were blasting in every corner of the country but kneeled before the ‘revolutionaries’ and ‘Insafians’ when they announced to march to the capital. It is indeed the first political victory of the latter and a sign of defeat from the former.

The Nawaz government seems to have not discussed and deliberated minutely upon the repercussions of invoking Article 245 of the Constitution; the provision that empowers the government to call the army to act in aid of civilian power.

It must not be forgotten that the very provision was once invoked by the most powerful Prime Minister of Pakistan and then he became so helpless to revoke it and had to surrender before noose of death which followed the imposition of Article 245. He was none other than Mr. Zulfikar Ali Bhutto.

On the occasion of presenting interim Constitution, late Prime Minister Zulfiqar Ali Bhutto made historic remarks. He confidently said, [blockquote style=”2″] If you are not vigilant and if you do not handle things carefully, if the politicians make mistakes and if we indulge in petty matters, go along destructive channels or fight amongst ourselves, it is just possible that the bygone era (martial law) might recur.”[/blockquote]

zulfiqar_ali_bhutto_dhakaThe late PM probably forgot his own words and indulged himself in such a closed end tunnel that soon after 1977 general elections, when the opposition refused to accept the results, he imposed mini-martial law by calling upon army to act in aid of civilian government. The invocation of a constitutional provision that ended up with tons of problems like the imposition of full-fledged martial law at a later stage, execution of Bhutto himself, influx of religious mercenaries, and the suspension of constitution for nearly 8 years, to name few of them, costing Pakistan an unbearable loss.

Today the situation is not very much different from what it was in 1977. Pakistan Tehreek e Insaf (PTI) is not ready to accept the election results of a few constituencies, yet heading one of the provincial governments. Their members in the lower house are duly elected and sworn in as a result of the same election which they are calling rigged.

Federal government’s requisition to the army under Article 245 to take the federal capital in control for 90 days is somewhat a confused move. The situation does not warrant calling the army to control a relatively peaceful city. It would leave unfading affects upon the overall scenario.

It must not be forgotten that by invoking Article 245, the government has involved itself in the unending crisis that may wrap up the federal government. More than PTI, Pakistan Awami Tehreek (PAT) or any other force, and another ill advice like that of calling the army for help might act as the last nail causing the exit of the government.

If any serious law and order situation is somehow created in the area, the army enjoys an implicit power to suspend certain fundamental right including freedom of movement and freedom of assembly etc.

By the virtue of Article 245, the high court of that province (in this case the federal capital) ceases to enjoy its jurisdiction. If any serious law and order situation is somehow created in the area, the army enjoys an implicit power to suspend certain fundamental right including freedom of movement and freedom of assembly etc. If the army exercises such powers, it would worsen the situation in already tense political environment.

Article 245, as one can read between the lines, requires to be invoked in circumstances such as when there is an external aggression or a threat of war. And also when defence, security, strategic, and sensitive installations are under serious threat of attack. Neither PTI nor Awami Tehreek has guts to attack the sensitive installations nor do they intend to do so.

The reason cited by the federal government about the potential attacks from TTP in retaliation of operation Zarb-e-Azb is nothing but a façade. It is actually unnecessary dragging of the army into political affairs of the country and is equal to the shifting of political burden over the shoulders of army.

Nawaz Sharif is testing his own medicine. As far as PTI is concerned, it tabled very simple demands to investigate the votes casted in four constituencies. Had the demands been met, it would not have forced the PTI to stage the march. For Tahirul Qadri too, the Punjab government’s incompetent coordination and the ‘shooting at sight’ saga proved to be a golden opportunity to seize the attention of media and use it as his trump card for achieving his political (or God knows what) objectives.

Political problems can only be solved through political means. The politicians cannot be expected to fight the terrorists hiding in the rough terrains of the tribal areas. Similarly the army is not expert at solving purely political issues the way it could be dealt with by the politicians.

Nawaz government may have made a disillusioned, futile attempt in defusing the tension, whereas Article 245 is nothing but an addition to the brewing problems. Such decision may have been made over a cup of tea in a cabinet meeting, but if the sanity does not prevail, the fear is that it would end with spilling the blood of many political workers being used by the parties. If the imposition of Article 245 is not lifted without wasting time, it would create more problems for the government and will also badly affect the operational capacity of the armed force in conducting the operation Zarb-e-Azb.

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Mockery of Ramzan

The sellers of souls anticipate the arrival of the holiest month of Ramzan more than anyone else. The fasting that subsists from predawn till the sunset basically teaches the cardinal principles of tolerance, patience, care for others, abstention from vices, etc. Ironically, in Pakistan, from the big media houses to the hoarders, merchants, even the cart vendors, pseudo-religious (read: part time) clerics masquerading as scholars go exactly against the very spirit of Ramzan. It would not be wrong to say that they earn more in one month of Ramzan than the rest of the year put together.

In the month of Ramzan the actors, singers, comedians, newscasters and political anchors appear out of the blue with altered attires and emulate the celebrated religious scholars.

Pakistan is passing through a critical phase of history by fighting the war of its very survival. Since the beginning of the 21st Century the world has witnessed colossal changes in terms of new technological trends and has also faced impending security issues. Pakistan too has followed the world, but less in the former and more in the latter sense.

During the era of Pervez Musharraf various revolutionary things took place that includes the advent of private and independent media channels, which was actually the brainchild of Benazir Bhutto. The media played a significant role during Musharraf’s emergency and subsequent events that proved fatal to the reign of Pervez Musharraf and he had to unwillingly sideline from the political arena.

As the time passed, media groups and their television channels kept hankering for new contents for their viewers. Initially the same TV channels used to host news, political talk shows, religious shows, and entertainment programs, all in one. But later on the religious, news, and entertainment channels were gradually separated.

During the rest of the year, TV channels are filled with a combination of programs of multiple kinds, but the holy month of Ramzan bears some special importance for the media owners and most of the airtime is allotted to the Ramzan transmission which goes live for an uninterrupted period of 4 to 6 hours in one go. The competition and high ratings have made the media outlets a mad elephant and they can go to any extent to get the maximum ratings.

Aamir Liaqat insulting a participant in Ramzan show

In the month of Ramzan the actors, singers, comedians, newscasters and political anchors appear out of the blue with altered attires and emulate the celebrated religious scholars. The so-called torch-bearers of Islam often misguide and mislead their followers. Their knowledge in Islam is very limited and they generally misinterpret the Quranic verses and the Hadith.

The Ramzan transmission on many TV channels go beyond the mind’s eye because if one has to switch the channel for some entertainment, s/he does not have to bother about it as everything is there in the religious program. The producers of these shows spend an enormous amount of money on the set designing. They bring in anaconda, parrots, and peacocks, dummies of elephant, crocodile and even tigers, giving the impression of a zoo.

The anchors of the religious transmission, impersonating as extremely religious and pious persons, use their acting skills and talk about the miseries of poor people of Pakistan with impeccable face. Islam teaches simplicity while the anchors of the Ramzan transmission wear designer Kurtas which are worth more than the yearly income of a common citizen of Pakistan. Most of the anchors of Ramzan shows own designer clothes boutiques. Along with the publicity of other items, they take it as a blessing in disguise and use the program as publicity platforms for their own merchandise.

The Ramzan transmission gets even more ratings than the Turkish and Indian soap operas which bears testimony to the fact that it is presented in an alluring and glamorous way that it attracts more viewership than the fictional dramas.

Rather than giving huge airtime to these religious-cum-entertainment shows, the media groups should think of other options.

Back in mid of 2000s, a program started with the banner of Aalim Online broadcasting from Geo TV which is said to be the pioneer of religious programs in Pakistan. Other TV channels stepped in the shoe of Geo TV and started their own look alike religious programs. The industry is not short of mimics who at times change their features from singer, actor or a self proclaimed intellectual ― with fake degree ― to religious scholars and can entertain the audience. Their superficial knowledge of Islam often leads their viewers in the wrong direction, further spreading intolerance in the society.

The people of Pakistan may or may not approve of the futile Ramzan transmission, but the giant corporations and media groups take it as granted. They exploit the holy month to the fullest and earn huge revenues, capitalizing on the presence of special transmissions. While in the broader spectrum, the people of Pakistan get nothing. Rather than giving huge airtime to these religious-cum-entertainment shows, the media groups should think of other options. For instance, as in the UK, here also the airtime can be allotted to the programs whereby funds for IDPs and other deserving people can be raised. Or it can be used to help educate people about their rights and duties. We can reduce the rising extremism and violence, and spread religious harmony by educating the masses using TV. The current fashion of Ramzan programs should be replaced with something which is effective and has a positive impact on the society.

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All is fair in Blasphemy: A Law with Flaw

More than murder, rape, treason, treachery and any other crime, blasphemy, even unproven, has serious repercussions for the accused in Pakistan.

The Pakistan Penal Code (PPC) originally enacted in the year 1860, contained blasphemy provisions in it when it was promulgated. In fact, most of the Commonwealth countries whose laws are either promulgated by their colonial masters or who inspired their legislation from Britain have blasphemy laws in their legal system having maximum punishment of three years, though not applied so often as does in Pakistan.

The provisions on blasphemy that were originally codified in the PPC gave a generalized account of the crime. It neither singled out any religion nor did it give out a special status to any particular religion. The original provisions (section 295 and 295-A, inserted in PPC in 1927) had prescribed two years of imprisonment or fine or both.

But with General Zia’s takeover of the state, his overwhelming obsession to remain in the power by gaining the political support of right-wing forces made him Islamize the blasphemy laws. He twisted the character of the law from generalized to a specific one, ultimately leaving its earlier provisions i.e. Section 295 and 295-A almost redundant.

Blasphemy is such a sensitive issue in Pakistan that it cannot be publicly debated on any point of difference of opinion. The assassinations of Ex-Governor Salman Taseer and Federal Minister Shahbaz Bhatti, along with others, are permanent reminders of the risks involved even if one speaks about reforming the law for good.

The inclusion of section 295-B and 295-C in PPC punishable with imprisonment for life and death penalty respectively, comes without specifying the deriving source of the said provisions.

For a layperson the provisions inserted in PPC during the Zia era regarding blasphemy have the status of a divine law, but the argument loses the ground because the Qu’ran does not specifically dictate the punishment for blasphemy.

Though the Qur’an nowhere specifically mentions the punishment of blasphemy or who will award such punishment, but punishing an alleged blasphemer by means of public justice in Pakistan is not only largely accepted, it is also justified by the majority of religious clerics of all the sects and by people belonging to all spheres of life.

The inclusion of section 295-B and 295-C in PPC punishable with imprisonment for life and death penalty respectively, comes without specifying the deriving source of the said provisions. For Islamic law, the Qur’an and Hadith are the primary sources to derive from. The Qur’an as well as Hadith does not explicitly describe the punishment for blasphemy.

Islam as was preached by Prophet Muhammad (PBUH), his companions, religious scholars and their disciples taught peace, tolerance, harmony, coexistence and respect of others’ views. But now the so-called torchbearers of Islam have made it a religion of their own convenience. They change the interpretations as and when they feel the need.

The example of a lady throwing garbage in the way of Prophet Muhammad (PBUH) and many other instances tell that how much more tolerant, patient and forgiving the last Messenger of Allah was.

The events related to this incident mention a neighbor of the Prophet (PBUH) who tried her best to irritate Him by throwing garbage in His way every day. One day, when Prophet Muhammad (PBUH) walked out of His house, there was no garbage. This made the Prophet (PBUH) inquire about the old woman and He came to know that she was sick. The Prophet (PBUH) went to visit her and offered any assistance she might need. The old woman was extremely humbled and at the same time ashamed of her actions in light of the concern and patience that the Prophet (PBUH) showed her.

The unfortunate practice of public justice in blasphemy cases strips off the alleged blasphemer the right to prove his innocence. It is often used to settle the property, debt and personal disputes. Sometimes it is even an effective tool in the business and professional rivalry.

Even an allegation of blasphemy in Pakistan is an indirect death warrant and the accused always carries the risk of getting killed any time without going through the due course of law.

Even an allegation of blasphemy in Pakistan is an indirect death warrant and the accused always carries the risk of getting killed any time without going through the due course of law. Usually in such cases, mob justice is orchestrated by igniting the public sentiment against a particular individual, group, sect, or religion which ends up with the killing of the alleged blasphemer, the torching of the properties and holy places of the other sect or religion. The courts may also award death penalty or life imprisonment — though very rare. If the accused is lucky to have enough monetary sources, then a lifelong and self imposed exile far away from Pakistan is the best option.

As per penal laws in Pakistan, blasphemy is not the only crime which prescribes the death penalty. Murder is also one of the crimes that is punished either with death or life sentence. But owing to the strong religious sentiment involved in issues of blasphemy which can be further exploited by numerous interests, it has a way stronger tendency to lead to the public or mob justice.

In past attempts were made to amend the law, but all went in vain given the sensitivity of the issue. Before the law could be amended or repealed, it is imperative to change the public mindset in a way that every accused — including an alleged blasphemer — is innocent until proven guilty. The growing trend of falsely implicating others in blasphemy for settling personal scores is still awaiting legislative redress. Just like a baseless allegation of rape is an offense, a false allegation of blasphemy needs to be followed by an equal punishment of the crime so alleged. Unless the mentality of the masses is reshaped, the alleged blasphemer will be condemned to death by public even if its punishment is reduced to two years only.

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[No] Freedom Of Expression In Pakistan

“Media is drawing a negative image of Pakistan, it speaks bundles of lies and it shows a degrading picture of Pakistan to the whole world” and others were some of the sentences which the majority believed and still believe to be true in Pakistan. I beg to differ; media may be broadcasting out of context news, recurring telecast of a particular issue or exaggerating a non-issue, but it is showing only what actually is happening.

The torching of Joseph Colony of Lahore and a Dharamshala in Larkana, were not pictured scenes of a Hollywood movie. The taking over of GHQ, Mehran, Kamra Airbases were events actually happening, not merely fantasy of a rebel and also they were not a made-up scene of some James Bond series movie.

The happening or non-happening of an event or of a certain act compels the people to develop an opinion which they are entitled to express through the means of their convenience. The Constitution of Pakistan and the 1948 Universal Declaration of Human Rights guarantee in unequivocal terms the exercise of freedom of expression. The constitution – the supreme amongst all laws – loses its force when its provisions get mercilessly crushed; be it by a dictator, a powerful civilian or unknown terrorists.

Rationality is equated with challenging the divinity, although speaking argumentatively opens up the minds and clears confusion.

The fundamental rights as given in the constitution consist of a long list of rights that are supposed to be enjoyed by the subjects of the constitution. However, the same are least protected and seldom enjoyed by the citizens. The Courts have been emphasizing the rule of law and supremacy of the constitution, which merely seem to be words of mouth having no practical application. The fundamental right of freedom of expression has become more or less redundant in the prevailing state of affairs. Freedom of expression without any hindrance is a sign of an intellectually developed society. But the fear of terrorists and also favor to them has led Pakistan to be an intellectually corrupt, morally senseless and religiously bigoted society.

Previously the masses had fewer forums to express their opinions but after the media revolution and especially after the rise of social media, every common person who has access to internet uses facebook, twitter and many other forums where one can speak one’s lungs out. The social media interactive sites provide customization of posts at the convenience of its users. Still, a user living in Karachi simply cannot openly and fearlessly express his political opinion against a certain political party. Similarly, one cannot express the disagreement with any political or religious figure. If done so then he himself will solely be responsible for the consequences. One cannot openly speak and write against the mighty and ruthless terrorists, political parties (including self-claimed liberal parties), religious heads etc.

Even the big media houses have started playing on back foot and acting cautiously. The fear of terrorists has engrossed the hearts and minds of not only investigative writers, editors and bloggers but also of the freelance journalists who have a say in their circle and whose opinion matters to their readers.

One who talks for amendment or repeal of those laws has to remember the fate that slain Governor of Punjab Salman Taseer met.

There are certain issues which require debate, deliberations, exchange of ideas and discussions for better formulation. For instance, in Pakistan one cannot speak about religious issues rationally. Rationality is equated with challenging the divinity, although speaking argumentatively opens up the minds and clears confusion. But unfortunately it is often regarded as blasphemy, stupidity or insanity which can even end up with death either awarded by the court or individuals acting as mob court.

Raising voice for the vulnerable and redressing the plight of fellow Pakistanis is treated as unforgiveable sin within the society if the fellow Pakistani is not a Muslim. However, neither Islam nor national laws restrain a Muslim from helping non-Muslims or speaking for them if they are being suppressed. But sadly the individuals who are self-acclaimed torch bearers of Islam want their followers to do what is directed by them, irrespective of what Islam lays down about it.

The so-called Islamic (read un-Islamic enactments) laws are not open to debate in Pakistan. Condemning the laws made in the name of Islam, which at the same time negate the basics of Islam, is implicitly forbidden. One who talks for amendment or repeal of those laws has to remember the fate that slain Governor of Punjab Salman Taseer met.

Non-Muslims are becoming second class citizens of Pakistan. They are denied the right to profess, practice and propagate their religion which is guaranteed by the constitution and protected by the Objectives Resolution of 1949. Qur’an also underlines the principle of religious independence, as the verse states, “for you is your religion, and for me is my religion” [109:6].

Qur’an underlines the principle of religious independence, as the verse states, “for you is your religion, and for me is my religion” [109:6].

But one cannot show sympathy when the verse is practically violated in the name of Islam without setting the communities blazed. The ‘illogical logic’ takes the edge that a person of the community disrespected Islam. Since Islam is a religion of peace and the last Prophet Muhammad (P.B.U.H) is a universal figure, when it comes to tolerance, everyone should teach and practice tolerance, peace, non-violence and patience.

The society at large has to act as resisting force against the bigots who have and still want to silence the individuals who are vocal against them. The disagreement with the opinion of others needs to be taken as constructive not as degrading and should not be ridiculed. Fear may silence some individuals but it should not and cannot kill the collective conscience of the society. Only the practical enforcement of the fundamental rights including right to speak and express, can bring the storming change in the minds of the masses which is inevitably important for the grooming of the society.

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The Saga of No Peace But Shariah

After the retirement of Iftikhar Muhammad Chaudhary, television channels were short of breaking news and were desperately in search to break the news. The viewers too were sick and tired of bland news routine. The fragility of the news had a small recess but the prayers of the news breakers were heard and the prime time of all the news channels is now overwhelmingly occupied with the news of Tehreek-e-Taliban Pakistan (TTP) and their Shariah. From the perspective of news hungry TV channels, TTP deserves a standing ovation for providing news every now and then.

The negotiations having no legitimate foundation are ultimately going to meet the same fate that it used to in past.

The federal government backed by all wing political parties, is once again in intimate relation with TTP for begging peace. Under the garb of negotiations, TTP is taking turns and twists playing Tom and Jerry with the state.
The love saga of peace talks shows the state on a weaker side. TTP, despite an unflinching record of heinous crimes, takes the lead in making demands while the government stands bewitched with a confused impression.

The negotiations having no legitimate foundation are ultimately going to meet the same fate that it used to in past. The talks that are supposed to bring peace are simultaneously coupled with bombs blasts from TTP, implicitly showing their non-seriousness and volatile attitude.
Let’s examine whether the government is justified in talking peace with TTP; it surely is not. The lofty ideals such as rule of law and supremacy of the Constitution have been kept in coffer which is glued with the tag “Keep it away from the reach of TTP and their sympathizers”.
The Constitution of Pakistan being supreme law declares private armies functioning as a military organization to be illegal. TTP’s use of illegal force for occupying territory of Pakistan is equivalent to functioning as military organization, hence falling within the constitutional definition of unlawful militia.

The committee formed by the federal government to negotiate peace with TTP also lacks the legal backing for the reason it does not have the mandate to determine modalities to forgive and forget the mass killings carried out by TTP.

Numerous provisions of Anti-Terrorism Act, 1997 (ATA) and amendments made therein, specifically declare TTP and its connecting factions, either directly or indirectly, as proscribed organizations.
Thus, government has been trying to hold peace talks with an organization which has been expressly declared outlawed.

The committee formed by the federal government to negotiate peace with TTP also lacks the legal backing for the reason it does not have the mandate to determine modalities to forgive and forget the mass killings carried out by TTP. Only the families of the deceased have right to pardon the killer; not a four members committee constituted for achieving personal and political gains.

And the faceless committee structured by TTP hitherto a group of likeminded people themselves having extremist opinions with particular sect based religious affiliation. Non-inclusion of any actual TTP member in their committee signals that TTP does not give a damn to what government calls peace. TTP must have laughed out loud for playing tricks with their and government formed committees.

The demeanor of government representatives while talking of TTP is such as if TTP is above suspicion and has not done anything to the detriment of Pakistan. This indicates a swift endorsement of the TTP narrative; a narrative that gives no importance to laws of the land, the killing of hundreds of thousands innocent people in the name of crusade against infidels, and suppression of traditional culture for spreading fear among the masses.

The Shariah that TTP wants is based on compulsion which is absolutely against the spirit of Quran and Sunnah and the principles of Islamic jurisprudence.

The hide and seek between TTP and the government is likely to continue for good long time but as starter TTP has tabled their prime demand that is to impose their brand of Shariah in Pakistan as condition precedent. TTP itself contradicts the very demand of Shariah since it had threatened the government of Pakistan not to execute their commanders who had been awarded death penalty in murder cases. Doesn’t Shariah principle require the punishment of eye for an eye? They want to implement Shariah on the whole of Pakistan but not on their own men found guilty of killing innocent civilians.
The Shariah has been a part and parcel of the legal scheme of Pakistan since the Constitution incorporates Islam as the state religion. The Constitution declares that no law shall be enacted against the injunctions of Islam. It also ensures strict observance of principles enunciated by Islam. The policy guidelines contained in the constitution direct the state to eliminate Riba (interest) and ask the Muslims to lead Islamic way of life.

Apart from constitution, Pakistan Penal Code is filled with punishments that are suggested by Islam including Qisas (equal retaliation for murder), Diyat (pardon by the heirs of deceased in lieu of amount mentioned in the law) and a lengthy list of countless kinds of punishments related to bodily harm.

Through not according to Islam but part of TTP envisioned Shariah is already imposed in Pakistan in the shape of discriminatory laws such as Hudood and blasphemy laws. That makes TTP’s demand of imposing Shariah infructuous. The Shariah that TTP wants is based on compulsion which is absolutely against the spirit of Quran and Sunnah and the principles of Islamic jurisprudence.

Peace talks shall not be engrossed with TTP wishes and whims only. The state being stronger than TTP must show its strength, let’s say by demanding the TTP to pay diyat amount for every single Pakistani they killed as a precondition. In order to give legitimacy to the talks, amendments in the Constitution as well other laws including ATA are required — which is neither possible nor practicable. Therefore, in case of failure of negotiations, most favorable option would be to launch full-fledged action subject to blockade of escape routes of TTP i.e. through Afghan border.

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Legalizing the illegal: Protection of Pakistan Ordinance

The President of Pakistan, the silent figurehead not often seen on TV, has finally assented to an absurd and one of the worst pieces of legislation i.e. Protection of Pakistan (Amended) Ordinance (PPO), 2014.

The laws in a civilized society are promulgated in order to guide its citizens rather than to veil the state sponsored crimes.

The law is said to be passed by the government pursuant to the directions of the Supreme Court in cases of civil disturbance in different parts of the country. The preamble of the Ordinance states that it was imperative to promulgate such a law in order to give effect to the directions of Supreme Court.
Although the President enjoys the power to promulgate an ordinance when the parliament is not in session but it seems the government was in such a hurry that it did not bother to convene the session of parliament which could discuss the pros and cons of a law pertaining to such an important issue.

The government has made it to show that it has passed the law under the recurring pressure of Supreme Court in missing persons’ case. Whereas apex court’s orders in missing persons’ case demonstrate that the government was directed to introduce a law which could solve the issue rather than making it more complicated. The court has always been treating the missing persons’ cases on priority basis and has been critical of the extra judicial role played by the armed forces in enforced disappearances. Supreme Court had been repeatedly ordering to produce the missing persons and the government very rarely complied with these orders.

Through this Ordinance, Nawaz administration has legitimized the illegal act of enforced disappearance of any person who, according to the government, is waging war against Pakistan. The Ordinance allows to “keep any person in preventive detention” up to ninety days. The PPO, 2014 will surely win the race of most bizarre pieces of legislation which were made for the public at large – NRO is excluded from the race since it was made to benefit certain individuals.

Some of the provisions of the enactment are extremely irrational that violate the Constitution of Pakistan and the principles of natural justice.
The laws in a civilized society are promulgated in order to guide its citizens rather than to veil the state sponsored crimes.

If now someone’s loved one goes missing and in case the family wants to know the whereabouts, they are left with no remedy but to be silent.

The PPO, 2014 authorizes the armed and civilian forces to detain, investigate and kill any random person and they will not be held liable for any action for the acts done in good faith. Isn’t this Ordinance a humiliation to the departed souls of mutilated bodies found in Balochistan, foreigners killed in Kharotabad that included a pregnant lady, many passersby gunned down in Karachi, Sarfaraz Shah and various others who had been killed by the security forces in good faith.

Moreover it allows the armed and civilian forces to break into any house without obtaining a search warrant from a competent court which will amount to a grave violation of the sanctity of dwelling.

Interestingly, after enacting it back in October last year, the circumstances compelled the Ministry of Law and Justice Affairs to review its contents. And it came up with an amendment by introducing a relatively new term of Combatant Enemy. It relates to the infamous US detention center in Guantánamo Bay when it was acutely scrutinized by human rights organizations worldwide, the law makers came up with the term which made the detenus immune from the application of U.S national laws.

The PPO has practically changed the posture and texture of the armed forces, including Pakistan Army, and has made the entire armed forces equivalent to police. It provides the policing powers to the armed forces, which is not only absurd but would be lowering the esteem of the armed forces. Armed forces are supposed to be forces that protect the borders but the enactment of the Ordinance has unnecessarily dragged the armed forces into internal security affairs.

The widely anticipated law has gone a step ahead in curtailing the powers of the subordinate as well as High Courts. Generally heirs of a missing person used to file a Habeas Corpus petition in the Sessions Court under section 491 of the Criminal Procedure Code (CrPC). But the Protection of Pakistan Ordinance bars the application of certain provisions of CrPC including section 491 leaving the jurisdiction of the courts redundant. So if now someone’s loved one goes missing and in case the family wants to know the whereabouts, they are left with no remedy but to be silent.

Had the government been able to bring the security forces within the barricades of existing laws, they would not have felt the need to enact the Protection of Pakistan Ordinance.

The verdict of a special court constituted under PPO cannot be challenged in any court except directly to the Supreme Court making the adjudicating powers of a special court equal to a High Court.
Generally speaking the crimes scheduled by the PPO equated as war crimes have already been declared as serious offences under various local laws including Pakistan Penal Code. Had the government been able to bring the security forces within the barricades of existing laws, they would not have felt the need to enact the Protection of Pakistan Ordinance. It shows the helplessness and failure on the part of State that they cannot even implement the existing laws leave alone PPO.

In case the Protection of Pakistan Ordinance is adopted by the National Assembly or the Supreme Court does not declare it repugnant to the Constitution – which is very least likely, it would spread more chaos and many innocent people would be hunted down for no reason. The law which affects the fundamental rights guaranteed by the Constitution has abolished the inherent powers of subordinate courts, is not expected to serve the purpose but would rather severe the situation. Therefore, either the Parliament or the Supreme Court exercising the power of judicial review have to intervene in scraping the paradoxical law in order to save people from any further humiliation. And alternatively enact a law which heals the wound of missing and killed persons, not the other way round.