I never read what critics have to say about my articles. Everybody is entitled to an opinion. I respect that right and will always defend it. However, my last piece on Mr Justice Markandey Katju’s advice has ruffled quite a few feathers. I was disappointed. Not because the detractors had hauled me over the coals — that part I found quite enlivening — especially the criticism by somebody who writes under the pseudonym of ‘Mirza’, who, perhaps, like others, justifiably feels that the Supreme Court is unnecessarily interfering in the operation of a fledgling democracy and not letting it function. But because 44 out of the other 54 critics appeared to convey the impression that whether or not the president is guilty is irrelevant. The government should be left alone to govern and complete its term. Only one person pointed out that el supremo had already been convicted by a Swiss court. Nobody mentioned that he was known as Mr Ten Percent. And from the arguments it appeared that when the NRO was enacted, nobody had actually been pardoned because ‘everybody was innocent until proven guilty’.
Now, I never claimed to know even one per cent of the law that Justice Katju does, even though I used to spend endless hours in the law library at the London School of Economics, along with Ajmal Mian, who eventually became Chief Justice of Pakistan. I was brought up to respect the law and hold Justice Katju in the highest esteem and praised him in my article. It is just that I firmly believe that we should sort out our political and legal problems without being told what to do by outsiders. If we sink or swim, it should be our decision, not theirs.
A couple of commentators hinted that I belong to the ‘doctrine of necessity school’ and had been commissioned to write the article in question. Sorry to disappoint you chaps. Nobody had gotten in touch with me. Not even the ISI. I write according to my conscience and believe I do so on behalf of the citizens of my country. Politically, I am left-wing, and have always attacked the cant and hypocrisy of the people in power who live like Mughal Emperors when folks in parts of the country don’t have proper drinking water and large families have to survive in wretched conditions on a pittance.
However, I learned three things in my school in India and university in England: how to distinguish right from wrong, never to hit a man when he is down, and to fight for the underdog. So when I was accused of being anti-PPP, I had a good laugh. There was a time when the PPP was in the doghouse and Benazir Bhutto’s supporters would seek me out at receptions, dinners and weddings, give me that acknowledging nod and thank me for keeping the party flag flying in my weekly columns in Dawn (2001-2004). In fact, when Mr Zardari was finally released from jail, I wrote a 1,384-word piece entitled “Free from prison at last”, which was published in Dawn on November 29, 2004. But … people change when they taste power. It is the way of all flesh.
So when President Zardari, after warding off fresh attacks from the judiciary, said quite triumphantly in a fit of euphoria that parliament is supreme and can make any law, I was grateful that we still have a Supreme Court in the country.
Published in The Express Tribune, July 29th, 2012.
COMMENTS (40)
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@Mirza Well said.Keep the good work going. Best wishes.
My crusade against dictatorship and anti democratic forces continues without any fear. Let us concentrate on the issues and not personal name calling. I have given facts and would continue to give the facts and my opinion as I see them. There are some unknown soldiers who remain unknown and without benefits, that is what I am and proud of that. I have never been attacking, insulting or personal and would stay above the fray. Sorry if my comments touch some raw nerve but never meant to do that. One suggestion "if you cannot get the heat get out of the kitchen". I am a private person and want to keep my personal and family life as such. That is why I did not offer myself as politician or commentator. For me privacy is more imp than fame and money. That is my personal choice and I want to keep it that way.
@Mohammad Ahmad Virk
It looks ahmadis are the only writers in this news channel/Paper.
Does that include you? Welcome to the club.
According to the fifth book of Democracy ahmadies have been declared NON-Muslims by the Parliament and Parliament is supreme. So I appreciate the Democracy. You have no choice except to Accept the will of majority.
Glad you are so 'democratic'. Now, will you tell the SC about the 'Supremacy' of the Parliament? Or should I do it?
They are a minority so do not try to impose your will on Majority because of Democracy.
????? I am sorry, I am lost here. How does a minority 'jmpose' on the majority 'because of Democracy'?
@shoaib: If you wish to play unsolicited defender of Mr. Anwar Mooraj or those in his league, that's your choice, not a very good choice though. I'd stick to my point that people, especially those, who personify the very difference between the exploiters and the victims of exploitation should not pretend being left wingers here. There is no doubts in my mind as most of those who still can think straight that most of these rich acquired their wealth by deceiving and exploting the poor masses who Mr. Mooraj patronizes and calls the “folks”, of this country. Yes, I want all these exploiters all the hypocrites, the whole lot (including the ‘left-wingers’ like this falls "left-winger"), to remember without any exceptions, that when cleansing time comes it would be much worse than the ‘Revolutions’ in France and Russia ----no one is going to question about anyones political leanings it'd be decided by the fancy life styles of the few here, irrespective of those in government or those who are in much more powerful position of being wealthy.
"It is just that I firmly believe that we should sort out our political and legal problems without being told what to do by outsiders. If we sink or swim, it should be our decision, not theirs."
Besides other coments, the above note seriously undermines authors 'left-wing' credentials and reflects otherwise dejected narrow nationalism.
@shoaib:
Hundreds were pardoned under NRO. Why is AZ only under the gun? Sure revive all the cases against AZ but wait till he is not the head of our state. He is the only one who has spent years behind bars without any conviction. He was tortured by NAB chairman under NS. They could not find any evidence against AZ. You think they did not try?
@Sajid: Well defended mirza seems rather sane and mature. Well I agree with the author that justice Katju has no business telling a Islamic state how to behave based on his secular background,after all justic Katju is no Khomeini
@shoaib: If there was justice in our land then ALL who stole would be behind bars. Will the generals who were with Ayub and who became filthy rich ever held to account? Ayub's family became filthy rich. Was a penny ever recovered? Ayub's cohort General Burki doled out land and parcels to his family. Our Kaptaan Saabs wealth is from that era. Do you want to recover that? Where do you suppose NS and his family got their phenomenal wealth? How about Musharaff and his billions now? Point out a single leader we have had that has not plundered the poor people. Sure go after Zardari when he is not the President. You have plenty to go after now. How about Ayub's family? How about Zia ul haqs family? How about Burki Clan? How about the Sharifs? How about the Chauduris? How about Arsalan and his family? The list of the looters is very long in our Land of the Pure.
@Anwer Mooraj
I write according to my conscience and believe I do so on behalf of the citizens of my country.
Sir,
So do most of us.
And the 'conscience' of some of us does protest the fact that those, who were foisted as Justices of the SC by as suspect an action as the PCO, now have the gumption to preach 'constitutional propriety' to the rest of us.
And Sir, while you are welcome to write 'as a citizen of your country', writing 'on behalf of the citizens of your country' requires more than being a citizen. It requires being elected as a representative, otherwise even TTP and unalloyed usurpers can lay claim to speaking 'on behalf of the people'. And that way lies disaster.
You Have tried to say - please don't be harsh i am leftist, I wrote for asif zardari when he was released, iam I am...... Factually you were / are harsh to AZ, which is very fine, u have every right. The issue is that u are not applying same stick for other politicians in this country. Once we start criticising all corrupt - this country will be on right track.
CJ has done very popular decisions, but so far he has not provided 99 percent of public - corruption free lower courts. May he does before retirement amen
@Toticalling: *I think MIRZA will soon be elevated to a hero's level by such writers. Keep on your crusade Mirza. God bless Mirza. *
@Anwer Mooraj: What if the SC does something equally or proportionally absurd? And it is doing it by asking the government to submit its head of the state and supreme commander of the armed forces to a magistrate of a foreign country and to reinitiate criminal proceedings against him. It is not about Mr Zardari; it is about Pakistan's democratically elected civilian President who happens to be one Mr Zardari. Not only that, the PMs are being prosecuted for not doing it and not contravening constitution's immunity clause. By politicizing corruption and accountability and its selective application, the system of the government and dispensation of justice to common litigants is paralyzed only to embarrass a political party-PPP- and its leader.
@ Uza Syed i was referring to the fact mentioned by Mr Ejaz "Zardari may have been “convicted” but his and BB’s appeal was still in play and so that conviction had never reached finality" I might have not chooseen the right words to convey my point, which is that I (and many others) say that Mr. Zardari (the PM and many of his cabinet members) are involved in corruption and they have cases against them which were squashed by the discriminating NRO, they say they are innocent, why not then fight it in court, I am not stopping them, I want a competent investigation and a fair trail so the facts could be cleared but they are the ones who are avoiding things going to court, disrupting investigations.
I don't get what your point on the Tax Payer's money, I shouldn't have pointed out because most of the people are poor and can't pay taxes? what rubbish ! Haven't you heard of 'indirect Taxes' ? they affect the poor too and the 1.6 million you have mentioned, their hard earned money doesn't count? They shouldn't ask the government to control their unnecessary expenses?
What is your point exactly? That Mr. Mooraj was wrong in crtisizing the Emperor like life style of those in power becaue the assessment was incorrect? OR he was being hypocritical because he himself belongs in the elite category therefore he must have acquired the wealth illegally? Was Mr. Mooraj convicted/accused of corruption? What happened to your 'Innocent until proven guilty' here?
Sorry to say that author cannot even touched what people comment on his earlier column. Be brave Marooj.... If u canot answer do't spend full column on it. U cannot be leftwing by only saying this....very few leftwing people can own u....
@Ejaaz: The same case where justice Qayoom sentenced AZ at the instructions of NS and SS. The person was ordering justice Qayoom should have been sent to jail when supreme court declared the case mistrial. Why not because PMLN is above the law. Two judges lost the job.
Parliament has the right to pass laws and no one else. This PCO judge allowed Mushraf to amend law as he wished and allowed him to contest elections in uniform . Vow, answer Saheb enough of your support for this judiciary. You may be not be Jamati but not left winger,your visceral hatred for AZ is so much that even if you want you cannot hide that.
Let people be the judge.
Dear Mooraj Sir,
I was one of the folks, who said your article amounted to "Doctrine of necessity" theory. I meant no disrespect to your opinions, and I apologize if my comment was too harsh.
I don't justify Zardari's corruption or think he deserves to be president. But, then the majority of Pakistani voters thought otherwise and elected his party to power. Neither have I ever liked Pakistan having repeated Military takeovers but, then Pakistani's mostly welcomed the dictators, when they did topple an elected govt.
That is why I believe that - Pakistan should learn to get rid of one bad thing at a time. I guess easier thing at this point is to live with a corrupt civilian, instead of hoping for a judicial or military coup.
Best thing is to defeat Mr. Zardari in elections, and then haul him through a very harsh judicial process. But, give the presidency the due respect it deserves as long as he is the president.
Pseudonym means a "false name", or a "fake name", or an "assumed name" to hide the actual identity of oneself. I have one question. How did you conclude Mirza was a pseudonym and not the actual name of the person who makes comments? Your assumption is illogical. I have found him quite logical whenever I have read his comments.
@Mohammad Akram Virk: your view that: According to the fifth book of Democracy ahmadies have been declared Non-Muslims by the Parliament and Parliament is supreme. I think that is a fact everybody has accepted. Right or wrong, that is not being discussed here. You are wrong to say that all Ahmadis are the only writers here. I am not one. Are you suggesting they have no right to express any opinion even in the paper? I have not seen anybody preaching the teachings of Ahmadis here or elsewhere. And then you suggest that they should go live somewhere where they have a majority. Since Ahamdis also follow Koranic teachings, they will behave just like other Muslims and treat their minorities. I know one guy in Germany who has been expelled from the community because he sells alcohol in his restaurants, as most of his clients are Germans, who do not eat anywhere without sipping wine or bear.
@observer: It looks ahmadis are the only writers in this news channel/Paper. But the fact is that Majority of people living in Pakistan are Muslims. According to the fifth book of Democracy ahmadies have been declared NON-Muslims by the Parliament and Parliament is supreme. So I appreciate the Democracy. You have no choice except to Accept the will of majority. Ahmadies are living a peaceful life in this country of Muslims. They are a minority so do not try to impose your will on Majority because of Democracy. By the way you can migrate to a country where Ahmadies are in Majority to upgrade your identity from minority to majority.
@ Ejaaz You point out that the Pakistan government may have not been impartial at the time of Mr. Zardari's conviction, my contention is that if our President and rest of NRO beneficiaries are innocent why not prove their innocence in court, why are they using every trick in the book to avoid the 'false cases' for being investigated? now that they are in government they can't accuse they investigating agencies and the court(lower courts) of being anti-PPP. We are quick to blame the SC for being anti-PPP but what about PPP Government? Wasn't it the democratically elected government that resisted the restoration of Judges who were removed unconstitutionally by a Military Dictator, Haven't they created every hurdle possible in the investigating process of the corruption scandal which came forward during their current term (even the one which took place during Musharaf's Era). Everybody is corrupt in not an argument which can be used to protect the ones in power, forget PPP, PML-N or PTI, I AM not corrupt and i demand that anyone who stole a single penny for the people of pakistan should be tried before court and put behind bars. Don't forget if the Parliament has the power to pass 'any law', the SC has power too to interpret the laws passed by the parliament.
@Uza Syed The life style of the people in power (described by Mr. Mooraj as Mughal Emperor like) is paid by the Tax payers of Pakistan, being Rich is not a crime, If a person has acquired wealth legally and pays his taxes he can spend his wealth anyway he wants. What you are saying that Mr. Mooraj with his life style cannot criticize our Rulers, who spend tax payer money on lavish overseas tour or flying in their family to meet a Hollywood celebrity is complete Non-Sense and I also fail to understand the argument that you have to be poor or "come out of that ‘palace’ " to understand and talk about their problem.
writer says he is left wing???
@Anwer Mooraj:
Respected Mooraj Sb, perhaps you refer to the Second Amendment, to the Pakistan constitution, when you ask Ejaz Sb of his 'intended' support for the parliament 'if' the Supreme Court (SC) strikes it down. You are asking the reader to answer a question based on an assumption that the SC actually does strike it down. Its a pretty strong assumption to make. A question that arises, however, is, what 'prevents' the SC from doing exactly just that? The parliament?
As a person leaning towards the political left, like you, one would gather that the 2nd amendment is against the 'basic structure' of the constitution. Now again, like you, I am not a student of law but would dare to suggest that similar is the situation with the notorious ordinance XX, promulgated by Zia-ul-Haq which clearly has provisions that go against basic human and fundamental rights, recognized universally, what to say of the constitution's basic structure.
When the SC challenges the elected parliament of the day, warning it not to enact laws against the 'basic structure' of the constitution while giving itself the 'right' to strike such laws down, in a strange way that is music to one's ears. One waits for the day when the SC will act on its own principled stand and remove all the black laws introduced, by dictators, civilian or military, into the statute books with clearly mala fide intentions. However, till the day arrives when the SC actually does act on its own stated principles, let the parliament perform its function of legislation by enacting laws catering to the needs of the many and repealing laws discriminating against the few.
Mooraj Saheb:
One does not have to support every law a Parliament passes. One can remain within the law and oppose an error. Laws can be overturned and rewritten. Ahmedis were declared kafirs and that law has not been overturned. Not even a suo Moto on the horizon for that. SC has to function so it has the respect of the people. It will have to make unpopular decisions and without respect it will create divisions in our country. By being overtly anti PPP the SC has lost respect. The present judges have wasted their moral authority. Salman Taseer was murdered and his son is still a hostage. The Christian woman who Salman was trying to get justice for is still rotting in jail. Where is the rule of law in our country? Do we really want the SC judges making laws at their whim instead of interpreting and resolving conflicts in the laws written by the legislature?
@Anwer Mooraj
However, what if parliament ( which is supreme) suddenly decides to excommunicate a sect of Islam and the Supreme Strikes it down.
Don't worry Sir. will not happen. Just look at the Ahmadia amendment. Supreme Court is committed to prevention of Pakistan becoming 'secular' and to keeping all the MNAs compliant with Article 62 (f) and the CJP does swear by the Quran.
@Ejaaz: Thank you Ejaz Saheb for your comment. . However, what if parliament ( which is supreme) suddenly decides to excommunicate a sect of Islam and the Supreme Strikes it down. Would you still support the action by parliament?
Mirza does not write opinion columns, only comments like me. Discussing his views by the author shows how shallow people can get. I also criticize the author sometimes, although last time I mentioned that he should carry on writing, as freedom requires the opinion of everybody, not only those who support our views. So there we are. I disagree but want your input. Let Mirza also do the same. I may add that Mirza doe not get paid for his comments, unlike the author. Mirza supports liberal ideas and although gets carried away sometimes supporting PPP, I value his input. There are less and less liberals left in the country, so we should look up to them. I compare him to the author who recollects seeing Hitler as a youth. That evil man who killed millions in defending super race. I hate dictators, but Hitler particularly. I know, I live in Germany I think there are more important issues than finding mistakes in comments. So please do not let anybody spend the whole article on 'our' input.
LOL on statement"Politically I am left wing". HAHAHA!
"However, I learned three things in my school in India and university in England: how to distinguish right from wrong, never to hit a man when he is down, and to fight for the underdog."
Distinguish right from wrong? Really? Can you really define what's right and wrong? The same India taught me what's right or what's wrong is very contextual, subjective, and relative. It bothers you that "Nobody mentioned that he was known as Mr Ten Percent.", but it doesn't hurt your consciousness that the man was in prison for 10+ years w'out being convicted. There is a difference between trying Mr Zardari and trying the President. Why can't the courts wait till he is out of office before trying, rather than destabilize the country?
Mr. Mooraj, you claim to be politically a 'left-winger' and think it gives you a natural right, of course, to attack (insult!) everyone you perceive to be in power, since you consider them as 'hypocrites' for their life style of "Mughal Emperors". How nice! ----- Sir, do you ever stop and ponder about your life style when entering that palatial house in the Phase-VI ? Sure, this is your right, isn't it? It's only the others whose 'hypocrisy' must be talked about and detested for their careless attitudes towards the "wretched conditions" of the rest 98% citizens of this country, who you call "folks". Come on, Mooraj Sahib, you ain't any different than those you wish attacked. My tip for your sense of sympathy is that come out of that 'palace' and really show your solidarity with those who don't even have "proper drinking water" before they refuse to live on "pittance" and take the exploiters and the hypocrites, the whole lot (including the 'left-wingers' like yourself), to task without any exceptions. Remember, what was the criteria of cleansing for the 'Revolutions' in France and Russia?
Mr Mirza criticizes the Justices of the Supreme Court going into their past and blaming them for what they did then. But can he explain how the SC is responsible for the current lack of governance, If cases against Mr. Zardari were only motivated by political victimization why don't get himself cleared by court instead of hiding behind NRO? I believe people can change and therefore its what you do in the present and your actions in the future by which you should be judged (if not then don't forget Nawaz+Zia & Bhutto+Ayub), I was never fond of Mr Zardari but still celebrated the triumph of democratic forces in the 2008 elections and had high hopes for the Democratically Elected Government, but now i fail to understand how one can support the PPP led coalition and i don't see a single argument by Mr Mirza which can convince me otherwise.
Too bad that on web 2.0 online newspapers, writing columns is not one sided monologue any more. Pity that readers too have brains and pay back these days. My sympathies are with Mr Mooraj though. This column betrays feelings real hurt despite his indications to the contrary. I had never seen a columnist devoting a second column to the same issue, just because he cared for his readers reaction!
Way to go, sir.
I confess that I only started reading you on this ET site quite recently, my misfortune. I like your smooth as silk writing style and clear pragmatic views and on the issue of the Superior Court and Justice Katju, I agree with you.
"When they taste power they change" ; and change for the worse. Somebody with a taste for state treasure already will surely savour it, and savour he did.Got rest of the nation embroiled in a pointless discussion of Judiciary vs Parliament whilst he stayed aloof ,enjoying his perks and immunity.
Mr Mirza look like a job less dishearted pakistani macho man.
Anwer Sahab - Good to see you back. Its unfortunate that you got such a grueling treatment in your last article. I gave up the idea of leaving the comment after reading the first 10 comments on that article. On a side note, the guiding principles of your life as mentioned are very noble and respectable indeed..."I learned three things in my school in India and university in England: how to distinguish right from wrong, never to hit a man when he is down, and to fight for the underdog"