I have said some of this before but given where the country is headed, it bears saying again.
I address this letter to you as a senior citizen, but more than that as a humble servant of Pakistan and of the honourable court over which you preside. I write this letter to you as one who stood outside the Supreme Court and marched on the streets of Islamabad, Rawalpindi and Lahore in the company of my family and friends and fellow travellers, for close to 18 months, demanding the restoration of the judiciary and for the re-establishment of the Rule of Law.
Let me say at the very outset that had it not been for the raw courage with which you stood up to a uniformed army dictator; or for the leaders of the Lawyers Movement, people like Aitzaz Ahsan and Munir Malik and Asma Jehangir and Athar Minallah (not to forget the inimitable and feisty Ghazala Minallah!) to name a few, we the members of civil society may never have come out to protest.
Some days there were only eight or 10 of us, My Lord, what we called the ‘usual suspects’, with more than twice our number watching us: the dictatorship’s goons, taking close-up pictures and making videos of us to unnerve us; some taking notes, others glued to their mobile telephones and walkie-talkies to show us they were making reports for and to the fearsome ‘agencies’.
We were tear-gassed and lathi-charged, our children with us who, choking on tear gas, would ask, “Why are they hitting us, Abba, we are not doing anything bad?” We were out there, My Lord, demanding that you and your brother judges and your families be released from the house arrest under which you and your children were placed. We wrote in the press, agitated the foreign media, did umpteen interviews in your support and generally did all in our little power to face down the dictatorship in civilian garb (and its helpers among the lawyers too, kindly note).
Some days we were forlorn, especially when there were so few of us and the supporters of the dictator, our tormentors, would drive slowly by the Supreme Court steps, where we would be standing in protest, and shout abuse at us and laughingly point out the little numbers that had turned out that day. But we persevered, including my family and I, at least three days a week, despite the fact that we lived in Wah Village and had to bring the child home in good time for homework and rest before another school day.
One cold winter night, we stood for hours outside the Secretariat Police Station in Islamabad to get some of the children, 17 to 20 years old, released from custody. The police had overstepped the normal methods of crowd control that day and had brutally beaten up some youngsters who retaliated, injuring a policeman and an officer slightly.
And then the elections came and the National Assembly met and, as his first act, the newly elected prime minister announced your and your brother judges’ release from house arrest, and we rushed to the Judges Enclave and marvelled at the power of parliament. Remember sir, that the army dictator was still the so-called ‘president’, still armed with 58/2-B. Yet, inside of an hour, all the encumbrances to your residences: the barbed wire across the roads, the barriers, the rocks, the sandbags had all disappeared as if they were never ever there. It was magical, and there was such peace and quiet where there had been riot police armed with weapons and tear gas just hours before that it moved many of us to joyous tears. I saw you for the first time that day, standing on the front balcony of your house acknowledging our cheers. We gave thanks to the Almighty.
It became clear to even the doubters that there was no way forward without unfettered democracy in which the people would be the final arbiters of just who their leaders should be; that elected governments must get a chance to complete their elected terms in office; that the army should have no role whatsoever to play in politics and governance, limiting itself to training (for a most unlikely war) and waiting in the barracks for the next order from the government.
All of which be as it might, I have a humble submission to make. While I will not comment on the much agitated ‘Political Question’ surrounding the case of the Murky Memo which lies before you for adjudication, my only submission before Your Lordship is that if Mansoor Ijaz is considered to have told the truth about exactly who wrote the memo and at whose behest, surely he has spoken the truth about the ISI and its dreaded ‘S’ Section too?
His words, My Lord: “... ISI embodies the scourge of radicalism that has become a cornerstone of Pakistan’s foreign policy. The time has come for America to take the lead in shutting down ... an organ of the Pakistani state that undermines global antiterrorism efforts. Pakistanis are not America’s enemies. Neither is their incompetent and toothless civilian government. The enemy is a state organ that breeds hatred among Pakistan’s Islamist masses and then uses their thirst for jihad against Pakistan’s neighbours and allies to sate its hunger for power.”
There is Breaking News too, My Lord: Omar Warraich’s excellent report in The Independent of December 13, 2011: Pakistan’s “Memogate”.
Surely, planning a coup against a constitutionally elected government also attracts Article 6 of the Constitution of Pakistan? Perhaps Your Lordship might like to consider a notice to the DG ISI to submit a reply to these charges too, after placing him on the ECL? Otherwise, sir, that other matter might just look like a lynching.
With profound regards, I am,
Your most obedient servant,
Kamran Shafi
Published in The Express Tribune, December 16th, 2011.
COMMENTS (58)
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If given the choice between ISI AND PPP ..I think 90% of Pakistanis today would prefer ISI...
@Ishrat Salim: So you say that "the investigations into JFK / Martin Luther King ( thanks to remind me )9/11 did not reveal the people etc; who were behind it till today"
What ever happened to "not yet solved...no investigation" as per your previous posting?
As for "who were behind it till today", then please tell us WHO was "behind" JFK/Martin Luther King/(9/11) since you say that TODAY we know!!!!!
A long self-congratulatory harangue followed by a cheap attempt to derail the course of justice, based upon a lie. . Mansoor Ijaz has said that he never said that Gen. Pasha went around Arab countries asking for their "permission" to sack Zardari. He said CIA sources had told him that Gen. Pasha visited China and Arab countries after May 2nd, to explain the "stress" caused by the PPP Govt trying to paint Pak Army as the bad guys. This is all the hearsay he was told by the Americans. . He doesn't have a single shred of evidence (transcripts, BBM messages, etc), except this hearsay, which too doesn't doesn't say that Gen Pasha either asked or received, any such permission to stage a coup. . All we have here, is a crudely packaged PPP campaign of lies to sabotage MemoGate investigations by the SC. As long as Iftikhar Mohd. Ch. is there, Kamaran Shafi and his gang will never be able to thwart justice. Let them try their worst.
@Ishrat Salim:
I did not say anything about the ISI's 'S' Section. I merely quoted the man whose every word is being considered the gospel truth in Pakistan today, particularly by the Deep State itself: Mansoor Ijaz.
How does asking the Supreme Court to treat Mansoor Ijaz's allegations against Shuja Pasha (that he went about the Middle East asking for support in case Zardari was got rid of) in the same way as his allegations against Hussain Haqqani were treated i.e., placing Pasha too on the ECL (after asking him to resign?) and carrying out an investigation, constitute asking for the disbandment of the ISI?
Read the article CAREFULLY one more time.
@Ishrat Salim: So, you say that "JFK & the black leader ( forgetting name at the moment )murder…not yet solved even after 2 decades….no investigation & no head rolled…9/11 no conclusive investigation…yet no head rolled….."
Lets see now, JFK was assasinated in Dallas, Texas, on 22 November 1963 (about 5 decades ago, not 2) by Lee Harvey Oswald, according to FOUR seperate government investigations!
"the black leader" was Dr. Martin Luther King, who was assasinated on 4 April 1968 (again almost 5 decades ago, not 2!) in Memphis, Tennessee by James Earl Ray! Ray was arrested and charged, entered a guilty plea at trial and was sentenced to 99 years!
9/11 was probably THE most investigated act in the last 50 years, as all 19 of the hijackers were identified, and most of the players and planners have been killed or caught, culminating with the killing of OBL in Abbottabad, Pakistan, where he had been living the previous FIVE YEARS!
You really should get THE FACTS straight, otherwise readers might think you are just another CONSPIRACY junkie!
The article does not make sense to me. What is the relation between the CJP, the inserted paragraph about the ISI and Omar's breaking news?
@Ishrat Salim: V well said.Your passion outweighs the one displyayed by by KS. I was wondering why KS is desperate for a rottnen civilian rule instead of protesting against its recklessness.I am no supporter of a replacement by 4 times tested rotten military misrule.Why not early,fair elections?
kamran:
succinct.
won;t hold my breadth tho'
;)
Kamran Shafi Sb.
Thanks once again for writing this open letter to C.J.P. Let's hope he will take action now!
i agree what Kamran Shafi says. At the same time it must be thoroughly investigated and the culprits must be punished. Shafi focuses on democratic government. i dont think that any opposes that idea. The matter of the fact is that is there "Democracy" in Pakistan. The State owned enterprises have been looted and plundered. Country is in shambles. If Shafi speaks of Democracy then it is one of the fundamental norms of Democracy that any government that cannot deliver it must resign and fresh elections be conducted.
You are my man! Bravo KS! I salute you on behalf of the people of Pakistan. I wish we have more writers like you, Ayaz Amir & Feroz Cowasjee.
Vienna,December 16,2011 A valid focussed single point piece by senior journalist Kamran Shafi deserving all consideration.The back ground was one of prevailing nervousness all over in Pakistan after the hiding place of Osama Bind Laden was exposed and he was eliminated for good of the world.Pakistan´s ruling troika establishment is balanced rather unevenly, politicians & bureucrats hanging up on their plates.They were all after the American favour, although painted as unpopular universally within Pakistan geographical borders. They all needed America on their side.But who would plead for common Pakistani population,who are the worst victims? Kerry Lugar Bill was meant to for them.In any case,an investigation would help if indeed the military lobbied with Arab rules of the Peninsula.The very rulers themselves are beholden to the United States of America.That explains Arab spring. Taravadu Taranga Trust for Media Monitoring TTTMM India --Kulamarva Balakrishna
As a student in UK long time back, I had to get yearly extensions from the Home Office, and in the middle of a sentence in a letter, I wrote ‘Citizen of the country,’ writing citizen with capital C and country with small c, which my principal queried and I explained that I always considered citizen to be bigger than the country. I still believe so and feel that all systems are there not for the beauty of their own, but to improve the lot of the people, failing which the resultant setup is of no use and should be discarded, especially when there is not even a minor effort to arrest the decay. Reading the letter and its closing, I get the impression that the writer has a regimented mind who loves systems for the beauty of their own, irrespective of what they do to the people. If it was not so, he would not have come out so strongly in support of the present civilian government set up despite its performance.
Also, he ignores the fact that the memo is being taken seriously, not just because of Mansoor Ijaz’s words but because circumstantial evidence supporting it comes from different sources, and words and deeds of the main characters sort of confirm it.
As for ISI Chief going abroad to seek approval for sacking of the government, the story seems too far-fetched. The normal and practical course in such cases is to present it as a fait-accompli, in the sure knowledge that others will willy-nilly accept it.
truly expressed sincere feelings of a patriotic citizen, not invoking the judges thinking and sympathies for what the civil society did to make sure the judiciary becomes independent, but reminding the honorable judges as to what the nation want from the "independent judiciary" for which many of us gave a lot of sacrifices by standing to a dictator and his whole lot of the armed folks - your highness we wanted to ensure the continuity of democratic system and we want it now too and will want it tomorrow as well. Let the boots rule no more, let they be given no chance, let they understand that they have to work under the directives of the civilian government, let we be a mockery for the world no more, please. Lets focus on strengthening the democratic norms, and lets not get into the emotions and floods of the rightists and hungry media. Its time for us to bring the boots under control of the democratic system. I have no favor for the ppp but let them complete the tenure which they are given by the mandate of the very nation..
@Omair: Poor people who think Army will let people rule this country.... lolz Pakistan is a factory for Army, which give them food. how will they allow any one else make decisions about the their factory, pakistan?
I don't understand this false logic that some of the so called intellectuals and politicians are propagating i.e., "I am not to be believed even if I present circumstantial evidence supporting a statement, if I have been giving incorrect statements on a different topic before".
That, my friend, is the bottom line, one statement is supported by corroborated circumstantial evidence while the other is not!!
Salute to you, Mr. Shafi. As always.
This is the first sensible and valid point to be heard from anyone in the memogate mess.
Sections of our society will never forget the mass murder of their communities by Jihad / Fasad factories or mad-ressas people. If Mansoor Ijaz is right about ISI being behind these atrocities in any way shape or form then it will have serious implication in the future. The Supreme court should ask for a comprehensive reply from ISI, on very serious allegations of agency's patronage of terror groups in and out of Pakistan. It seems Saudis have way too much influence on who rules Pakistan, it is important to note that whereever they have their tentacles buried, future is bleak in those countries, Afghanistan, Yemen and Somalia are prime examples, Pakistan is not far from those countries.
In my humble opinion, I would also like to request the Chief Justice Sb. to also please pass his judgement on the issues that have being lingering on for such a long time like the NRO.
Us Pakistanis have full faith in you to make fair and justice decision, unfortunately till date, you have not taken that step.
This is not a fight against the army or a particular political party, it is about passing a Judgement! Fair and quick decision please.
On a separate note if you take quick and just decision on big issues, then your colleagues might take aspiration and taken decision on small issues that have been linger on for years in lower court.
Kamran Shafi has written a gem of a letter and that too on 16th December, the date of infamy for Pakistan when we lost East Pakistan. When will establishment be held accountable? It's not impossible, others have done it and found peace, it's about time the honorable CJ and his team lead the way and bring the Generals to court.
@Hasan: The whole nation was at the back of these trade unionists first when a ruthless military dictator tried to displace them and,, later on when a crafty civilian ruler resisted their reinstatement to their rightful position.(His preferance was for the greatest of judges of all times,Mr.Dogar).Overall performance of the Supereme Court under the current CJ is a different issue. and a lot can be said for and against on this subject My sincere feeling is that even if they have not met with some of our expectations our trade unionist(as Mr.Hasan condescended to call them) in the Supereme Court,are the best we have with us at this critical juncture.
well said KK. the army and isi should be answable to Supreme Court.
Mr. Shafi: you have a lot of courage and a very brave man to stand up to the " deep state". Stay safe and pray to God that you are protected at all times
K.S, you are expecting too much from a gang of 17 trade unionists sitting in the apex court and apply their minds just in one direction, following their Guru. Justice is just a facade now in Pakistan.
I have great respect for the writer and share his rightful distaste for unholy interference by military establishment in smooth flow of democratic process.But I fail to understand why he felt the need and urgency of this passionate open letter to the Chief Justice.Has he lost faith in the CJ for whom he alongwith his family made personal sacrifices over a long period of time.(Incidetally was it a personal favour to the CJ to be retrieved any time in future).The writer has failed to notice the immense limitations which this Supereme Court has been confronted with first ,facing a notorious military dictator followed by a worse civilian setup.I am totally convinced that the current civilian setup is rotten but I am equally alarmed at any possibility of a its replacement by our time-tested military incompetence in civilian rule.I believe we must have full faith in our superior judiciary and wait for adjudication instead .of expressing the type of panic and misgiving the writer has displayed.
The Chief does not have time to read your open letter. Between the lines, it appears, you admit that by becoming part of an unruly mob you had committed some mistake. Naeem Bukhari, during the campaign, was badly beaten by the lawyers, only because he like you, had written an open letter to the Chief Justice contents of his letter has never been controverted. As a result of the campaign the judges were restored, whether justice and fair play prevails as the consequence, the people have diverse opinions.
I'm a big fan of the author and I want to rescue him from possible disappointment. I have two words to bring him to reality and lower his expectations: Attiqa Odho! Sorry.
The Blackberry message logs being used as proof against Haqqani, say that “GD-SII Mr P asked for, and received permission, from senior Arab leaders a few days ago to sack Z.” (see "http://www.geo.tv/importantevents/2011/mullenmemo/pages/englishnews_18-11-2011.asp"). The GD-SII was a typo for DG-ISI.
In fact, this specific message was cited as proof elsewhere that Zardari had good reason to fear a coup and hence must have encouraged the memo. If that's the case, then surely there was a real coup plot as the message documents. Certainly, if the logs can be admitted into evidence against Haqqani, they are admissible for other cases too.
BTW, the Dawn also has an article on this: "http://www.dawn.com/2011/12/15/gen-pasha-visited-arab-states-to-discuss-coup-ijaz.html"
It'll be interesting to see if CJP Chaudhry takes notice of this as readily as he took up the memo issue against Haqqani.
BRILLIANT Piece! I salute your bravery & courage to speak the TRUTH!
His lordship would toe the line....and everyone knows whose line it is
Mr. Shafi forgot that a blog is never "breaking news." And, Haqqani is more answerable because there is solid proof against him.
Brilliant.
You excel yourself.
We only accept as truth those parts of leaks and disclosures that make civilians look bad. Same thing happened with Wikileaks, all the papers making the politicans look incompetent were flagged up, while all the ones whith General Kayani asking for more drone strikes, increased American assistance, allowing more US trainers but under secrecy, and his disdain for the President and the fact that he had considered removing him, all of these were conveniently forgotten. Now that Mansoor Ijaz has also claimed that DG Pasha was plotting a coup, we will now see a counter narrative that will discredit these comments of M Ijaz, but still focus on what is said against Zardari.
@raja: :"does not make any sense it was not hiss words it was blackberry massages if you can prove exchange of msg between Ijaz and HH "
Blackberry messages do not once refer to 'memo' and definitely there is no reference to the contents of the memo that Ijaz sent on the blackberry. So yu are in fact relying on Ijaz's words.
"Mr Shafi speaks emotionally about restoration judges by Gilani but he forgets that the PPP’s foot-dragging was ended only after a long-march, where JI and PTI workers in Lahore cleared the way for the caravan to proceed toward Islamabad, which shook up the Zardari thugs. Was Zardari ever ready to free the judiciary? Plunder Pakistan Party does not believe in such nonsense."
Lets just assume for a minute that Zardari and the current govt. dragged there feet about restoring the judges. Does that mean that Juduciary shouldn't be just? I think I know what is going to happen but we will find out who is on what side of constituton from this case.
Interesting, Author is presenting a case, similar to a lawyer would do (a case that is just beginning and is no way close to any verdict in either direction) , but before that he reminds CJ his support for him in the past. Imagine scenario in court room where lawyer sings praises and reminds him of his love, obedience and support of the judge before arguing his case.
thanx sir, my request is also the same to our Lord. It is the time to return the sacrifices of 12 may martyrdoms who gave their lives to strengthen the judiciary and to defeat the cruel dictatorship. Now it’s your time my Lord to pay for the blood of those who preferred to cut their heads instead of bending in front dictatorship
Mr. Kamran Shafi rightly said " planning a coup against a constitutionally elected government also attracts Article 6 of the Constitution of Pakistan? Perhaps Your Lordship might like to consider a notice to the DG ISI to submit a reply to these charges too, after placing him on the ECL? Otherwise, sir, that other matter might just look like a lynching." No more comments needed.
Extremely thought provoking article. I may be wrong but I feel that your expectations from the Superior Court to produce something profound is misplaced, it will tread carefully.
BRAVO man BRAVO! SALUTES THE MAN who STANDS WITH THE TRUTH & DARES TO SPEAK IT! You are THE MAN Kamran Shafi you are the MAN!
Mickey, it isn't going to happen. Did you not see the Kamran Khan show tonight? I wonder who at GHQ wrote the script for him tonight.
I wonder if this comment will be approved! Mine usually don't.
Unimaginable
Good piece!!! Zardari and Haqqani are being prosecuted based on an unsigned memo and blackberry pieces while Fauji usurpers of the Constitution walk freely and smugly.
Mr Shafi speaks emotionally about restoration judges by Gilani but he forgets that the PPP's foot-dragging was ended only after a long-march, where JI and PTI workers in Lahore cleared the way for the caravan to proceed toward Islamabad, which shook up the Zardari thugs. Was Zardari ever ready to free the judiciary? Plunder Pakistan Party does not believe in such nonsense.
If the court decides to truly discharge its obligations under the constitution, it should work in concert all those willing to work with it in establishing the supremecy of the civilian authority. The Chief Justice and the reinstated members of the Supreme Court Bench may not feel any rancour towards the agencies that made a farce of the judicial authorities search for redress. But they owe it to the citizens of Pakistan to help reestablish the rule of the law as per the constitution, where the Armed forces are subservient to the civilian authorities and should abide by their command. This may take still more time but all those who gave up and left in disgust have not given up hope that one day what is morally right will prevail.
The naïve civil society seriously believed in the so called judicial revolution which in fact had support from a section of the establishment which wanted to get rid of Musharraf.
does not make any sense it was not hiss words it was blackberry massages if you can prove exchange of msg between Ijaz and HH will you refute them if he have prove about pasha saying it to Saudis ( which does not make sense ) he should also be tried but be rational my lord and behave