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If all else fails, president may pardon Haqqani
Asma Jehangir quits after alleging the law is being used to transform the country into a ‘security state’.
An option being considered is that the president could travel abroad for a couple of days, and in his absence the acting president would announce the pardon of Husain Haqqani. PHOTO: AFP/FILE
ISLAMABAD: The counsel for the main accused has quit, citing foul play, while the government is considering a pardon if a verdict of treason is reached. Memogate, essentially, has only just begun.
As the Supreme Court-appointed judicial commission prepares to begin criminal investigations into the controversy, the government is contemplating an aggressive approach to defend former ambassador Husain Haqqani.
“We will go to any extent to defend him because we believe he hasn’t done anything against the national security of Pakistan,” said a top official, who attended a preparatory meeting of the government’s top legal brains on Sunday.
Amongst the options considered at the unofficial, unannounced meeting was a proposal that President Asif Zardari would pardon Haqqani if the Supreme Court convicts him in the light of the commission’s findings.
“This is the decision … we have pulled up our sleeves and are getting ready for a bitter fight,” said the official, apparently setting up an even fiercer confrontation between the civilian and military leadership.
The pardon, he added, was a presidential right under Article 45 of the Constitution. However, he did not comment on the difficulties inherent in letting off a person convicted of high treason – Haqqani’s possible fate.
To reduce the political magnitude of such a move, an option being considered is that the president could travel abroad for a couple of days, and in his absence the acting president would announce the pardon.
Asked if the government was already anticipating a hostile decision, the official said: “There is no doubt about that … it is obvious. We think the verdict may already be ready.” This view seems to back up the general impression in the government that the Inter-Services Intelligence (ISI) is manipulating the Supreme Court and its investigations.
There was a hint of the government’s plan in the refusal of Asma Jehangir, the defence council for Haqqani, to appear before the commission, after she expressed fears that the ISI might influence the body to get the result it wants.
“I don’t trust the commission constituted by the court,” Jehangir told The Express Tribune. “I will not plead my client’s case. Haqqani will hire the services of another senior lawyer. I recommended him,” she said.
Other options the government is considering are to defend Haqqani before the commission as aggressively as possible, or to attempt to extend the process beyond the 40-day deadline given by the apex court.
If the commission’s proceedings are not completed by March, when elections for the Senate seats are scheduled, the government believes the issue might die down due to the political focus being elsewhere. Haqqani, on his part, will seek more time from the commission to prepare his case, one of his close friends said.
Haqqani might also take the position that he and his family have been threatened by ‘invisible forces’ since the scandal surfaced. Jehangir also clearly suspected the role of the ISI in the entire episode. “Invisible forces want their desired judgment. So, I don’t want to waste my time by preparing the case,” she said, adding that the law was being used to transform the country into a ‘security state’.
Meanwhile, the government’s legal team, through its high commission in Canada, has contacted the mobile company, Research in Motion, to ascertain the authenticity of the electronic communications exchanged between Mansoor Ijaz and Haqqani
On Monday (today), the judicial commission will prepare a schedule for interviews and other activities in its investigation. “Notices will be issued to all the respondents to clarify their position. The respondents will either appear in person or with their counsels to present their case before the powerful commission,” said an official associated with the commission.
The secretary of the commission, after consultation with all three chief justices, will examine the possibilities of inviting foreigners for interviews to examine the evidence, the official added.
Barrister Zafarullah Khan, a petitioner in the memo case, said that the commission will have the full backing of the Supreme Court. After completing its investigation within a month, the commission will submit its report to the chief justice of Pakistan, he added.
Advocate Tariq Asad, who also filed a petition for the memo case, said that the nine-member bench could write a new chapter in the history of the judiciary. “If [Balochistan High Court] Chief Justice Qazi Faez Isa summons me for assisting the commission I will appear with some more evidence to justify my stance against the respondents,” he said.
He’ll have to wait and see – as will we all.
(Read: SC verdict on memogate)
Published in The Express Tribune, January 2nd, 2012.
Read more:
memogate
Reader Comments (92)
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A definite contempt of court!! SC should take notice of it!!!
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Asma did The Right Thing.
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Asma Jahangir is awesome. So much for Azad Adlia. Adlia always worked for establishment. Thats why even terrorists are not being punished.Recommend
@Moulvi Nawaz Shareef:
Is it contempt of people’s court or establishment’s court? Contempt of one them is an honour.
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Now this sounds hilarious. You loose a case and then come up with every lame argument possible. I think she deserves a top spot in PPP. She already has been behaving as their statesman lately.
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Though she is right when she complains about ISI role, but it will only bring more troubles for Democracy unless PMLN joins hands with PPP to thwart any misadventure. All democratic forces should come together to make Deep State know that this time there will be not even single smallest political party to support them.
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Hello Asma
Please advise all us poor Pakistanis who do not trust the government?
What should we do?
Faithlessly
The People
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Both positive and negative aspects: Although, SC under incumbent CJ still deserve to be saluted for reminding everybody of article 6. Yet not only there is rampant corruption at the level incompetent lower judiciary but unfortunately Asma Jahangir is also right.
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@ishaq:
“Asma did The Right Thing.”
No she should fight against Anti-democratic forces
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lol now she has realized that the case will go against he client, she is trying to chicken out. What shall we call her ? loser probably who has been suffering ISI phobia since ages.
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She is baiting the Judiciary so that she can play victim..Recommend
I have seen Asma on the roads for restoration of judges and Independence of judiciary, i saw when she was psychically tortured in front of the Supreme court in the month of sep 2007. She is brave and bold lady of our country, she is right to say that what Establishment wants from commission, quite clear what establishment wanted from supreme court. The supremacy of establishment is accepted by apex court and what will do further this commission ????? so Slam to ASMA .
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Time is not far when the PPP workers will be on the roads against the chief justice, with Asma leading the way!
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asma is absolutely right.,one women totale on the judiciary and establishment
she has guts
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A natural outcome when Judiciary indulges into politics, and fails to take cases on merit.
In Pakistan’s 63 years of history, no judge has been more controversial than the sitting Honorable Chief Justice.
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Under what legal opinion or law does she believe that the SC decision was wrong or under “orders”? Just her own personal reason as counsel for Haqqani?
We need facts, not hyperbole to better understand what is happening.
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What a model country? No one know who is in charge. Welcome to flavor of the year. Pakistan should just declare it is military with country and give all pretenses of being anything else.
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Not sure what Asma is up to? She is damaging her credibility in the hatred of Pakistan army. We know they have consistently made mistakes but blaming everything on them will not help us move forward. Undermining judiciary is not a smart thing.
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Why in the world did she become a lawyer if she didn’t have faith in her own supreme court. To drop a client on a whim like this is quite shameful. But then again, lawyers all over the world are considered shameless!
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@Basit: I agree with you.
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irrespective of her stance – right or wrong, how many terrorists are given punishment by the “independent judiciary” for whom we stayed on the roads in 48 degrees to get them back? How many muslim khans, sufi muhammads are given the punishment prescribed in the constitution and the laws of the country? or is it just to bow down the elected democratic government. Whether the government is good or bad, i’m not defending it and will not do it, but they are elected by the people and will face the same people in the next election. Country is burning being turned into taliban pit, yet their is hardly anything the judiciary is doing, at least for those in custody.
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Why do people here keep ranting about saving ‘Democracy’ ?? You call this democracy? This crap? A fraud election with a fraud winner who is famous for corruption? To hell with this democracy. If anyone points out the corruption and incompetence and traitors of this government, he/she is labelled as a threat to democracy!! The army is full of Pakistanis also. Don’t they care about the state of this country? This govt is so shameless. Everytime it has never listened to the court. They throw their verdicts in the trash can all the time!Recommend
akistan is raveged by multiple power centers; elected government, military and judiciary; all competing for power.
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If she is pleeding for a innocent person, she should try prove his innocence on all forums ( As his attorny this is her duty too ) , blame game will not serve any good to his client.
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HH is in trouble loosing case so finding lame excuses, what should SC do? Should they ask Govt to make a commission ofcorse not that will be biased neither they asked to ISI to make that commission, Court took decision PPP should respect itRecommend
After all after losing case one get frustrated. App Nahi Tu Koi or Sahi—– PPP will arrange some other lawyer for Hussain Haqqani. Don’t lose heart Mam you have represented the GOvt & Hussain Haqqani,—- But people are with the independent Judiciary.
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a very clear contempt of court
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I also want my judge of my choice.
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Shameful to see this coming from the former President of the Supreme Court Bar Association, a respected lawyer and a great force behind the restoration of the current CJ. I think if she feels that the courts are so compromised, she should (a) never have pleaded Mr. Haqqani’s case to begin with and (b) resign immediately as a lawyer and refuse to be party to A play.
Otherwise, the proper procedure would be to obey the CJ and the ruling, appear before the commission, await the results and then file an appeal if the result is against her client.
and a great lawyer
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She is smearing the court on the basis of unsubstantiated speculation and paranoia about the ‘Establishment’.
This is nothing but a cheap, cheap tactic to try and prevent justice from being served – I am beginning to strongly suspect that Haqqani is in fact guilty, given the shenanigans of the PPP and Asma Jehangir.
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I though zardari was tough but I now think
Asma is the bravest women in pakistaan.she is the new Benazir
she will win
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@zayeph:
What case? There is no case so far my friend!Recommend
I think current establishment is not stronger than the Musharaf and his team, and we all saw the CJ and other senior judjes were not bent down.
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@ SaadA:
“how many terrorists are given punishment by the “independent judiciary”
For that, blame the incompetent governments of the PPP and PML-N – when the FIA, IB and other various LEA’s are completely politicized, stuffed with ‘Jialas and political workers’ and their competence and capabilities are going down the drain, much like PIA, Pakistan Steel and Railways, then how do you expect the courts to convict alleged criminals?
The AG/LEA’s have to build an airtight case, or the GoP has to pass new laws lowering the evidentiary bar in terrorism cases, in order for the courts to convict. The court has done nothing different in the Haqqani case – there has been no conviction, merely a call for an investigation through the constituted panel, and the court has asked for the government to access and verify the BBM’s through the parent company Research In Motion.
If RIM comes back and says that the BBM’s M Ijaz claims to have received from Haqqani are ‘fake’, then the case against Haqqani collapses. If however RIM comes back and says that the BBM’s are real and were sent from accounts linked to Haqqani, then that is pretty overwhelming evidence against Haqqani.
Asma Jehangir is acting like a shameless lawyer and politician, and not even waiting for the investigation to be completed – CONTEMPT OF COURT I say – Pakistan cannot deal with these absurd shenanigans by individuals looking for petty political gains.
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Any institution or individual trying to highlight corruption and hold individuals in the current government accountable for that corruption is labeled ‘agent of the establishment’ and ‘party to a conspiracy against democracy’.
And our so called ‘intelligentsia’ (especially the liberals) continue to pander to this nonsense. This is the same judiciary that fought against the ‘Establishment and dictatorship’ when Musharraf was in power – now, because they are trying to fight PPP and Zardari corruption, they are conveniently painted as ‘influenced by the establishment’.
Does our intelligentsia not see the hypocrisy of their positions on this issue? Why are so many people so obsessed with protecting Zardari and his corrupt coterie, that they are willing to smear and destroy institutions such as the media and judiciary that are actually trying to become autonomous and fair and reflect the demands of the people of Pakistan?
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A Judge has to give a decision after listening all valid argument in front of every one. However a commission can give any tailored verdict with out creating embarrassment for a Judge. Md. Asma is definitely going to loose the case, perhaps she wisely decided to quit.
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She need to tell the people of Pakistan why she came to this conclusion, also if she was threatened by some agency ?
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what has developed the deep hatered in her heart for whole the bench. Why is she acusing ISI?
Does asma jahanger knows full wel which cj doesnt realize. What this case will give us pakistanis: demoralize govt, army both and judiciary to come out weaker. At the end we would b easy prey for world players!!
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@Agnostic Muslim:
Excellent comments
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Thank you Asma for further Dividing an already Divided Nation… Does National Solidarity mean anything to Anyone… the Army, the Politicians, the people and the Judiciary? Who shall save this country… Aliens??
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Its a legal right to refuse appearance and show discontent over a bench. It’s not a contempt. Supreme court is hereby bound to constitute another bench.
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She…. in the past on many occasions she had spoken against PAK ARMY and now she is blaming the SCP. @Imran: Why CJP is controversial? Answer is picking up any newspaper from 2010 January; u ll find the PPP Govt denied all the orders issued by SC one or the other way. Tried to camouflage the MEMO GATE Scandal and other issues aroused earlier.
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Shallow Judiciary…………
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She is not one to back down…!
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If you look at the short decision of SC, they have not reffered to the clauses of constitution. Rather statement of Generals is quoted again and again.
That’s what might have prompted Asma to adopt this stance.
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She is iron lady of Pakistan, she challenges statusquo with courage and wisdom.For the supremacy of civilians, justice and human rights, let’s support Asma Jhangir.Long Live Asma Jhangir. When whole nation can compaign for justice in 2007, why not today, let’s all stand by Asma for the cause of civilian supremacy, justice and human rights.
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Some are saying no to supreme court commission… Others are saying no to the commission set up by parliament…
Pakistan has become a Banana Republic. Anyone can do anything and get away with it…
Very sad!
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So what is she trying to say is that she does not have confidence in the Commission constituted by Supreme Court which consists of Three Chief Justice of High Court.
I seriously wonder Ms Asma Gilani’s motives for these reckless actions?. I hope Supreme Court takes notice of this
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Sad sad. This woman will stop at nothing. Her constant fear and hatred of the army and any institution that does not bend to her will is very very apparent. She will take any case against the army. One wonders why? What has the army ever done to her. There is no place for an egotistical person like her. She maybe needs to see the fact on the ground corruption is every where, and if anything the court has a bias against the army. And she’s just bitter About losing a case, where she was expecting the court to support her and no uphold the law as a payment for her efforts in the judicial movement. Maybe she needs the realize that the independent judiciary has been created and swallow her pride And let the law of the land take it’s course..Recommend
Asma Bibi, Angoor Khate hain, when things not going in your way then Judiciary is back establishment..Simple ask from you, do you only think PPP is all about democracy??
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She is being a crybaby…someone tell her that you can lose a high profile case.
This ruling of the court a sign is that the judiciary is without any inclinations, else a person who got tortured on the roads for the restoration of an independent judiciary would have gotten the favors.
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Asma Jehangir is a person….who can just say or do anything for her own interests or for the interests of her western backers!!!Recommend
what is this establishment nonsense!!!!!
Establishment couldnt even save Musharraf!!!!
what does the establishment mean..it sounds good but what is it????
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All progressive, pro-democracy and pro civilian supremacy people should unite to launch a movement named “Asma Jhangir Tahreek”. She is a woman and again she is speaking truth with courage. Hats off to her.
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asma has fixed views like pro-india, pro ppp and anti establishment,anti iftikhar choudhry (remember she won the elections for supreme court bar president ship against the iftikhar choudhry candidate courtesy ppp support) ….and all this is ultimately showing…..just ignore her views as they are hence biased.
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Asma Jahangir lives & craves for media attention. I fail to understand as to why the Government & her legal team are so afraid of an inquiry, that they are out to discredit it. For God’s sake Ms Jahangir…it’s composed of the 3 Chief Justices of the High Courts & headed by the gentleman who issued non-bailable warrants for Musharaf as the head of Baluchistan High Court.
Bottom line is, you Ms Jahangir don’t have the capacity to accept defeat in a court. After all it was a unanimous judgement from a 9-member Supreme Court bench!!! You are a bad bad loser!!
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Is saying that Pakistani supreme court has repeatedly legitimized military coups and never confront the establishment that carries the gun and has run Pakistan for last 60 years, the truth ? Does the truth amount to ‘contempt of court’ ? If so, does the court deserve contempt and much more ?
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Is saying that the Pakistani supreme court has repeatedly legitimized military coups and never confronted the establishment that carries the gun and has run Pakistan for last 60 years, the truth ? Does the truth amount to ‘contempt of court’ ? If so, does the court deserve contempt and much more ?
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Her love for army and its reasons are too well known ,
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Asma Jhangir, You are a brave lady. You say things which no one could say in Pakistan. You refuse to kneel down before establishment. Stay safe and stay vocal against the bigotry and hypocrisy in Pakistan.
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this supreme court certainly is not respected by anyone,the people who support it are actually gloating that it is doing this job .
this memo is written by ijaz who is an ISI plant in America and is doing what is being told to do
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Is anybody safe in Pakistan from its real masters, the ISI.
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one doesnt need to be a 007 to understand the powers of the establishment – asghar khan’s case against ISI meddling in politics is still to be heard by the same court? forget about the memo but there were no eyebrows raised on how come spy master had the authority to start investigation against an elected government? i guess, whatever happens for courts to ensure that there is a law [a procedure] that has to be followed!!! – all of this happening is the same month when we lost the half part of the country – alas – we have not leart from history!!!!
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Asma is an ideal candidate to rule this failed country.
Asma, I love you….
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She has one point agenda to slander Pakistan, its army and agencies. She didn’t jump to protect Hussain Haqqani but found an opportunity to curse our agencies as it gave her more room to criticize and vent her venom against them. God save our country from people like her who have become dirty tool the foreign hidden hands. You will see her on TV everyday and she commented against army/ISI during the case hearing everyday. It was done deliberately as she less focused on Hussain H case but attacked ISI more. You can judge what are her motives. We are sick of people like her who are fulfilling Indian agenda at the cost of destruction of Pakistan. There is a gang of people supported by current Govt to disintegrate Pakistan and merge Pakistan with India. This is their ultimate goal and to destroy Army/ISI is the foremost priority otherwise, they can’t implement their heinous designs against army. This is the only institution left intact otherwise, the whole Pakistan is in tatters and none of institutions is functionaly anymore. This is what our enemy wanted: A WEAK and FRAGILE PAKISTAN so that Indian supremacy to be ensured. If you watch TV programs, you find the links b/t these dirty agents and there are preferred guest in certain programs to promote one agenda against Army/ISI.Recommend
@ParvezM:
Contact GHQ then. They have the full expertise in this area and this experience shows too.
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Ever read or watch To Kill a Mockingbird? Even if one can’t defeat evil, one serves and enlightens the community by properly exposing it.
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If it was Doggar court, who was more interested in getting additional marks for her daughter than delivering justice, I would have believed her. This court been pretty independent and has a track record to prove that. She knows that if evidence from Blackberry’s manufacturer proved that all those messages are indeed from her client then he will be implicated. So it is better to quit now rather than losing big time later on.
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This is not rule of law, its military law & no one is above military law in this land of pure.
Bravo Bravo Asma
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I think we should just forget about democracy and accept the fact that it’s a security state and has to be run like that; big time security agenda, no fundamental rights, conspiracy theories, clerics and military calling the shots etc.
We should forget about independent judiciary, media etc and not befool ourselves. Let’s accept the reality that we are a nation like North Korea. We have heroes like Ajmal Qasab, Mumtaz Qadri etc and there is no room here for people like Dr Abdus Salam, Asma Jehangir etc as they are kafirs, gadhars.
Dreams like independent judiciary (Iftikhar Ch) and media (Geo), civilian control of military etc are only dreams and would always be like this. Please don’t break the hearts of innocent and hapless Pakistanis time and again through such elusive mirages and dreams.
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She is a smart lady – no wonder she’s the top lawyer of PK! All those who point fingers at her, please do seek out her performance record on human and women rights in PK. You could only be proud of her, nothing less!
SC should concentrate on efficient provision of justice to its people, instead of petty little fights between democratically elected Govt and (supposedly) the sub-ordinate institutions – the Army & ISI.
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HH is guilty, methinks.
President is guilty too, methinks.
1) why is HH staying with the President/ the PM?
The want to keep him close in case he becomes
a witness against president for a lower sentence.
2) why have offers been made by PPP to
make him president?
If it looks like a duck and quakes like a duck,
it is a duck.
Asma is just clutching at straws!
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Asma J. is playing politics instead of defending her client.When the human rights of her client are being violated not by the Supreme Court but by the government, which is holding him virtually as a prisoner in the President’s house. She herself had to seek the court’s intervention to meet with her client. Why can’t HH be allowed to live in his own home with his own wife?Recommend
All she is saying is that how come all nine judges have same mind on the memogate as there are some questionable gray areas. If Judgement was 4-3 for commmision, she would not have said something. Something for these judges to think about.
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Admin….. Can you please explain why do you so frequently allow changes to the Headlines of so many stories… It conveys a very negative impression of your newspaper and of its executive’s professionalism?
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Asma Jehangir… Wicked Move but Pakistanis will not let go Haqqani.
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What a sad day: the President will pardon HH if he is convicted.What is happening in this country.Someone accused and I repeat accused of treasonous memo is living in Prime Minister house.???
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This is just so foolish. Are we going to see lawlessness in this country at the highest level? What moral lesson an ordinary kid will set for his future? Shame and just shame :(
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It is the duty of Asma Jahangir to defend Haqqani in all forums as she was his counsel. Recently, I saw her interview on TV. Her reasoning is peurile and logic based on sophism & innuendos without any proof of any kind. I have been following Pakistani politics for a while, the fact is that the supreme court for the first time in its history is indepenedent. What really irritates Asma Jahangir is that ALL 9 judges gave a judgement which did not please her. It seems, this independent court is independent as long as it toes her line. She is one of the typical Pseudo Intellectuals of Pakistan who can not see beyond their noses. Ironically, it is the Pakistan army’s role recently that has been pro-democracy and most of all constitutional. We live in strange times, those who profess to give their last drop of blood to defend human rights (Asma & Co.) seem to be the biggest hurdles to human rights due to their hypocratis attitudes while those who have violated human rights (pak army) in the past on a routine basis seem to be supporting human rights.
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Yesterday I heard Asma on a TV channel, she complained that the there will be no decision according to her expectations. It means when the apex court will decided according to her expectations only then the court will be on the right track…what a shameful stance..
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Regrets, she has political pressures from PPP, i always had doubts on her impartiality and this time she has proved it
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Don’t you think that this Memo issue is hiding NRO matter ??
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Hidden forces are active now
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The madam is not so famous in winning the cases in courts, rather always politicising her cases and bringing them on the streets. For God’s sake open your eyes the respectable justices are not the ones appointed by ISI or Army; these are the justices in whose integrity most of the lawyers (I dare say, including Ms. Jehangir) put their trust in, and fought for their restoration. Now the verdict goes against these champions of “democracy” (AT ANY EXPENSE, including JUSTICE), and the same justices are being branded as ISI-agents.
However, it is heartening to note that the judiciary is standing on the same side as the ISI, the Army and vast majority of the ordinary masses, when it comes to the question of national security; and mind you, protecting national security is NO THREAT to “democracy”. True meanings adopted by the majority of the ruling political activists in Pakistan for DEMOCRACY is “free-for-all”; and ACCOUNTABILITY is “threat-to-democracy”.
Your headline states that the President will pardon Mr. Haqqani (if found guilty); but I believe the PPP leadership’s real worries should be, what will happen if the “pardoner” himself is found to be the real culprit!!!
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@Atif:
You must be too young to know past history of 40 years of this brave women’s history in so many kangaroo courts for the democracy and human rights. Please say sorry to her.
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The most disappointing reasons given by asma after losing her case. If you win it’s “azad adlia” and if you loose it’s “establishment courts” . Big Looser!
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Exactly u drawn the right picture Mr. SalSal, Agnostic Muslim and Arif!!!!
“Apex court is being dictated by establishment” its pretty doubtfull because the sitting Judges are truth worthy but the way Asma is behaving like nothing but mindset of ppp Jialas! As they are use to say No to every decision by SC.
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@daredevil: Why has everyone assumed that PPP’s support amongst the masses has evaporated and it has no voters, no supporters, no street power and IK and SC and est have all Pakistanis behind them?
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@Moulvi Nawaz Shareef: Next you will demand contempt of court for what Mr Zardari dreamed last night, 200 other readers will do click click click
I ll go back to watching Harry Potter.Recommend
@cantbelieve:
You obviously missed the point. Not your fault. You have something against lawyers and not quite shameful yourself. My late father was an honest lawyer and I don’t think you have any right to call names.
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Hussain Haqqani should not even bother to defend himself when we already know what will happen to him.
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Assalam-o-Allaikum Warahmatullah.Allah Almighty knows only very well,exactly and completely for what purpose this is is going to happen but this is real,true,strong and stable friendship and live example of “a friend in need is a friend indeed”.
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