Category Archives: Hazaras
Posts specially related to Hazaras.
اعلاميه حزب وحدت اسلامي افغانستان در قبال تهاجم بي رحمانه کوچي نماها به مناطق دايمرداد و بهسود
« ما مي خواهيم ستم هاي چند قرنه بر مردم ما پايان يابد»
(از سخنان رهبر شهيد)
با کمال تأسف، در شرايطي که ضرورت التيام زخم هاي چرکين و ديرينه جنگ و خصومت در افغانستان بيش از هر زماني ديگر برجسته به نظر مي رسد، هر از چندگاهي جريان هاي مشکوکي تحت نام کوچي در کشور سر برآورده و براي مردم بي دفاع جنايت و مصيبت به وجود مي آورند. از آنهم مهمتر، جاي تأسف مضاعف اين جا است که مي بينيم دولت به عنوان مسؤول مستقيم تامين کننده امنيت شهروندان، با بي تفاوتي تمام نظاره گر حادثه مي باشد. و اين جدي ترين زنگ خطري است که مي تواند، بخش هايي از کشور را به کام بحران هاي مهار ناپذير ديگر فرو ببرد. آخرين گزارشها حاکي است که اين عناصر مسلح و آشوب طلب تحت نام کوچي شبانه بر بخش هاي وسيعي از بهسود و دايميرداد حمله برده و خانه ها و بازارها را به آتش کشيده اند و اين دقيقاً همان پاليسي طالبان است.
حزب وحدت اسلامي افغانستان با صراحت اعلام مي نمايد که بحران کوچي در هزاره جات هرگز رنگ حقوقي ندارد؛ بلکه تداوم بخشي از ستم هاي دير سالي است که متأسفانه به شکل زنجير وار، از زمان حکومت اميرعبدالرحمان تا هنوز بر مردم مناطق مرکزي جريان دارد. تهاجم مسلحانه کوچي نماها، که در واقع، بخشي از پاليسي عبدالرحماني و طالباني در قبال مردم مناطق مرکزي است، در شرايطي صورت مي گيرد که دولت افغانستان به منظور ايجاد صلح، جرگه ملي مشورتي صلح را داير مي کند. بنا براين نخستين پرسشي که مطرح مي شود اين است که چرا دولت در قبال مردم افغانستان دوگانه عمل مي کند؟ آنجا که صلح و مصالحه در عمل زمينه کمتري دارد، و جنگ با دولت جهاد تلقي مي شود، دولت شعار صلح ميدهد؛ اما آنجا که صلح است و مردم در عمل حاميان اصلي ثبات و امنيت مي باشند، به جرم حمايت دولت، تحفه جنگ و تهاجم دريافت مي کنند؛ و اين صداقت دولت را در قبال حل معضل کوچي، با پرسش هاي جدي رو به رو مي سازد.
حزب وحدت اسلامي افغانستان گرچه صلح، در چوکات قانون اساسي را با همه طرفهاي درگير؛ از جمله طالبان يک ضرورت انکار ناپذير ميداند؛ اما در عين حال هشدار ميدهد که ادامه روند سناريوي کوچي، و بي تفاوتي دولت در برابر آن، نه تنها با ايده صلح و ثبات زاويه منفرجه ايجاد مي کند؛ بلکه شعله هاي جنگ را نيز در سرتاسر کشور شرربارتر مي نمايد. شايد هم اين شعله ها خرمن هستي مردمي را بسوزاند که بيشتر از يک قرن، در حسرت صلح، امنيت و برادري نفس کشيده اند؛ اما بي ترديد، بايد پذيرفت که دامن آتش افکنان نيز سرانجام، از شر شعله هايي که خود شان بر خرمن ديگران افکنده اند، در امان نخواهد ماند. حزب وحدت اسلام افغانستان معتقد است که اگر از هجوم مسلحانه کوچي نما ها در هزاره جات جلوگيري به عمل نيايد، پيامد هاي زيانبار اجتماعي و سياسي آن، وسيعتر و مخرب تر از آن خواهد بود که تصور مي شود. لهذا اين حزب، با ابراز نگراني شديد از وضعيت پيش آمده، مواضع خويش را در قبال اين مسئله تأسف بار، به شرح ذيل اعلام مي نمايد:
1- قبل از همه هجوم وحشيانه کوچي نماهاي مسلح را در مناطق بهسود و دايمرداد به شدت محکوم نموده، تداوم اين تهاجم ضد انساني را منافي صلح، امنيت و ثبات و ويران کننده اعتماد شکننده و لرزان ملي ميداند؛
2- همانگونه که اشاره شد، از نظر ما معضل کوچي و ده نشين يک معضل حقوقي نيست تا از طريق ارگانهاي عدلي و حقوقي قابل حل باشد؛ بلکه اين معضل، يک معضل سياسي-مديريتي است که تنها با دخالت مستقيم دستگاه سياستگزاري و اجرايي دولت قابل حل مي باشد. بنا براين، با صراحت و جديت اعلام مي نماييم که اگر دولت افغانستان، جلو تهاجمات عناصر متجاوز، جنگجو و آشوب طلب را نگيرد و اين مشکل را حل ننمايد، مسؤوليت مستقيم تمام تبعات زيانبار و ويران کننده آن به دوش دولت خواهد بود؛
3- از رئيس جمهور افغانستان مي خواهيم تا در جهت حل اساسي اين بحران، مطابق ماده چهارده قانون اساسي و براساس فرمان قبلي خويش، پروسه اسکان کوچي ها را تسريع نمايد؛ همچنين تقاضامنديم تا زماني که قضيه به صورت اساسي حل نگرديده است؛ جهت جلوگيري از تکرار همه ساله جنگ و خشونت، ارگانهاي امنيتي را موظف سازند تا در فصول معينه، تدابير مقتضي اتخاذ نمايند؛
4- با وجود اينکه قانون اساسي به اسکان کوچي ها صراحت دارد، فرمان رئيس جمهور در اين رابطه موجود است و کوچي ها نيز خواهان اسکان مي باشند؛ و با وجود اينکه عده اي از بزرگان مردم ما در بدنه دولت و حکومت همواره پيگير اين قضيه هستند، عدم توجه ارگانهاي ذيربط دولتي در اين خصوص، از نظر ما و مردم مناطق مرکزي واقعاً ابهام آلود و پرسش برانگيز مي باشد؛
5- از نظر ما کوچي هاي اصلي، مانند مردم ده نشين در طول تاريخ، ستم ديده اند و از سوي حکومت هاي وقت، به حيث ابزار مورد استفاده قرار گرفته اند. همچنين از اين نکته نيز به درستي واقفيم که کوچي هاي واقعي، نه به دنبال خونريزي و کوچ نشيني؛ بلکه خواهان اسکان و رسيدن به زندگي مدني مي باشند. بنا براين، از نظر ما کوچي ها حق دارند مانند ساير شهروندان زندگي کنند و ما از اين حق و خواست آنها حمايت مي کنيم.
6- با توجه به آنکه در اثر تهاجم کوچي نماها، تعداد زيادي از خانه هاي مردم به آتش کشيده شده و مردم ساحات زيادي از دايمرداد و بهسود، بي خانمان و مهاجر گرديده اند، خواهان آنيم که هرچه عاجلتر از سوي دولت به مشکلات مهاجرين رسيدگي و خسارات وارده به آنها جبران گردد.
7- از مردم شريف دايمرداد و بهسود نيز مي خواهيم با حفظ هوشياري کامل، مراقب اوضاع باشند و از هر طريق ممکن، تا آنجا که به آنان مربوط است، از دادن بهانه به دست مهاجمين پرهيز نمايند. با اين وجود تأکيد مي کنيم که دفاع از جان، مال، آبرو و ناموس، وظيفه هر انسان مسلمان است.
ومن الله توفيق
حزب وحدت اسلامي افغانستان
It is the general consensus among the Muslims that a Muslim woman is required to cover her head leaving only her face showing as part of an overall dress code and behaviour which Islam prescribes. It is therefore part of the social system of Islam, and a manifestation of important general Islamic principles. Firstly, an educated Muslim woman does this because she is following guidance from God and His prophet Muhammad recorded in the Qur’an,and in the Sunnah (the knowledge about the practice and example of the Prophet Muhammad (peace and blessings be upon him)). For example, one translation of the meaning of the specific ayat (verse)of Qur’an that mentions the head covering is as follows:
Surah 24 Al-Nur (The Light); ayat 31 (part of)
And say to the believing women……that they should draw their head-coverings over the neck opening (of their dresses) , and not display their ornaments except to their husbands, their fathers…..(etc)
This guidance she regards, as by definition a Muslim should do, as being revealed by the ‘All-Knowing’ the ‘Most Wise’, The ‘Most Merciful’, ‘All-Mighty’ God who created all human beings and whose Power controls everything. She is doing it because she believes that God with His nature knows best what is in the true best interests of human beings, far more than a human can know, with his or her fallibility, and weaknesses.
The main principle reason for the hijab is modesty, which is not wishing to receive unnecessary attention from people, such as admiration and flattery, envy, or, most importantly, sexual attraction from those other than her husband.Great care is taken to keep sexual thoughts, feelings and interactions to within the boundaries of the marital relationship.
These types of attention may boost the ‘ego’ for the short term, but all have the potential to lead to disastrous consequences in the long term, for example leading to confused feelings, competition, suspicions, affairs, break-up of marriages and other relationships, disturbed children, and ultimately a community where people are insecure,unhappy, and divided amongst themselves.
From this it can be seen that the hijab is a manifestation of another important principle in Islam, which is valuing benefits which are permanent above those which are temporary. What is permanently beneficial is, for example, a happy marriage between two people who aim to learn, teach and apply Islam to the best of their ability in their lives. This is seen as that which brings about the true happiness of the soul for eternity, by purifying and keeping it in its pure, natural, God-created state, filling it with peace and contentment, patience, gratefulness, love and compassion. What is temporary are the momentary pleasures derived from, for example, people’s opinions of you, leading to your own self-satisfaction, or, even more basically, those derived from physical sensations.
A strong marriage, and a peaceful, cooperative, happy community, where people’s feelings towards one another are good, will not only provide the true happiness that the soul needs, but also, in moderation, the good opinion, physical, and other pleasures that the ego requires.
Therefore, the freedom and benefit of the soul is encouraged, requiring a corresponding disciplining and moderating of the ego, but not a total denial or repression of it.
Besides following modest dress codes appropriate to the different natures of a man and woman, both Muslim men and women should abide by a certain modest and respectful code of conduct when interacting with the opposite sex.
God is the creator of all the creatures of Universe and among these all creatures; Human beings have held position of Supreme Creature (Ashraf-ul-Makhloqat) since they can think and act.
God says in Quran:
و سخر لكم مافي السموات والارض
You are prompt as an authoritarian on the earth and sky.
و نفخت فيد من روحی
Oh! Human beings I have inserted my soul in your body.
Human Beings are the representatives of God over the earth; Mankind has all those bounded adjectival abilities that God has.
Human colonies on unlike races survive in different places of the world and each of those’ culture, voice communication and customs differ and colonies’ characters which recall their culture, language and tradition have high state of social and technological developments.
“Hazaras” have stayed one of the most deprived communities amongst the world tribes; consorting to groups of researchers 7000 years and 2300 years ago, they used to dwell in Mid-Asia regions and had confronted monumental civilizations but out of the blue they weren’t able to hike up their endowments as their culture and language were profaned by the adversaries and outsiders; afterwards they have stayed behind of their recognition.
There aren’t enough authentic data of Hazaras’ history since researchers don’t have reliable proofs for their aspects as you see two dates (7000 & 2300) were mentioned about Hazaras’ historic periods above which differ in high extent and thus aren’t legitimate.
Likewise many notions have been put across the phrase “Hazara”, an estimation saying almost 700 years ago in 14th century; group of people were named “Hazara” which is adverted to “Hamza-bin-Azrak” (حمزه بن آزرک).
Later on Rasheedin Caliphates, Muawiyah-ibn-abu-sufyan (معاویه) had developed a corrupt and anti-Islam government called “Umayyad Caliphate” which endured almost for 90 years and the last ruler was defeated by Abu-Muslim-Khurasani; decreed by Abbas-e-Saffah and Umayyad Caliphate was likewise extirpated, afterwards Abbas-e-Saffah demonstrated a similar government to Umayyad Caliphate which was named “Abbasid Caliphate” (Luxuriant Castles, drunkenness, …).
Abbas-e-Saffah was dreaded and scared of Abu-Muslim-Khurasani; since he was invulnerable to fear and intimidation, anyways Abbas-e-Saffah wiped Abu-Muslim-Khurasani out for his personal profits and his future conveniences.
Abbasid Caliphate lasted for 500 years; the first 100 years of the Dynasty were glowing and were highly enthusiastic, there is not doubt that great Islamic civilizations and elaborations are seen in this period but regrettably the other 400 years didn’t retain as first 100 years, with the order reversed this period persisted gloomy and dingy.
About 50 years later Abu-Muslim-Khurasani’s dissension in first 100 years of the Abbasid Caliphate; a person called “Hamza-bin-Azrak” who was from Khurasan, dissented and protested against depraved government of Abbasid Caliphate which is considered one of the most potent public protest in history of Sistan and the protest’s consequences caused Harun al-Rashid (The 5th and most famous Abbasid Caliph) to write a letter of peace offering to Hamza-bin-Azrak and he who desired justice and Islamic equality, declared himself Commander of the Faithful (Amīr al-Mu’minīn) and likewise subverted Harun al-Rashid of Caliphate.
Courage, bravery and gallantry of this public insurgent in wars, converted to myths and by the passage of time touched on as mythic tales in Hazaras’ narrations.
Likewise as his panoramas and thoughts were colored Shiat-form led upshot broadly and extensively in people of that period. This Campaign rooted in warps and woofs of people in that region for legion years; especially the simultaneous movement of the Shiite holy Sistan against the Umayyad and Abbasid caliphs was formed and consecutive protests against injustice and Bani-Umayyad rulers and Bani-Abbas were joining the occurrence.
Some of the research workers and writers believe that the phrase “Hazara” has link with Hamza-bin Azrak.
According to some facts and rules of Dari grammar this theory is likely correct.
In Dari Language we make Adjectives of a noun (صفت نسبی) by adding “ی” at the end of the noun; Such as:
But if we see some of the adjective aren’t so; Such as:
The above adjectives seem to be as constructed as if “noun + گی”, as we know we didn’t and don’t have such rule in Dari grammar.
But the truth is that it isn’t “noun + گی”, it is “noun + ی” …
In past in Dari language many of the words had got “گ” at the end, Such as:
As you see the above adjectives are made according to the Dari grammar rule; noun (past)+ی
There are some other nice examples:
The word “غله and میوه” were “غلگ and میوگ” in the past which are pronounced and written “غلج and “میوج in Arabic, since we don’t have “گ” in Arabic and that’s why instead of “گ” we use “ج” and as well the plural is made according to the rule of Arabic grammar “noun+ات”, such as “میوجات and غلجات”.
The same case is with the Phrase “Hazara”:
The word “Azrag” in slang term in past is the same modern “Hazara” and the Phrases “Azrag and Azrak” (Hamza-bin-Azrak) are very similar, that’s why according to the sayings of some of the writers and researchers the phrase “Hazara” is attributed to Hamza-bin-Azrak.
Contributed by Hamid Hussain Salihy
By Daiyar Chiinggisi
We were warmly welcomed after landing on Chiinggis Khan International Airport at 9pm (local time) on Thursday. As we came out of the airport, before fully breathing the fresh air of Ulaanbaatur, Mongol friends of Tsahim Urutuu was there with bouquets of flower. The crew of NTV (of Mongolia) flashed the light asking “Welcome to Mongolia, the Hazara Mongols, How do you feel?”. “Exciting and overwhelmed to be in our ancestral land, feeling myself as part of a history-in-making” the first sentence I had for the camera. After a short interview outside the airport lounge, the Mongol friends took us to our dormitory at the National University of Mongolia, downtown Ulaanbaatur.
The next day we went to Sukhbataar Square, the Zero Point of Mongolia, the historic place near the Parliament of Mongolia. We paid a visit to the giant statue of the Great Khan, in front of the National Assembly.
It was incredible. Everyone was interested to talk to us. The news of our arrival in Mongolia had gone on-air at night. Our faces were known. On the way while walking to the University for our first class of Mongolian Language, a young boy ran towards us saying “are you the Hazara students”. “Yes”, I said. His exciting face expression seemed as if he has found anything precious. He introduced himself saying he had watched us on TV and was keen to see us. “Please your email address?” he asked and hoped to meet us soon.
First day of the Mongolian class at the University was memorable. Every teacher knew us “the Hazara Mongols”. Our class fellows are mostly Koreans, Chinese and Westerners. While learning the Mongolian alphabets on the first day, the sounds seemed familiar to us. It was normal for me when the teacher said, “your pronunciation is good”. The basic similarities of Hazaragi and Mongolia make it so.
On Saturday, second day of our arrival, we went to the countryside. It’s said the real beauty of Mongolia is in the countryside. Taking about an hour of drive, we reached the resort of Mongolian Airlines. As we moved out of Ulaanbaatur, the green mountains and beautiful landscapes were just amazing.
That day will remain as one of the happiest ones in my life. We had the most delicious Mongol food in a traditional “ger”, followed by a drink party and traditional Mongol song by a local singer. I was asked to sing a Hazaragi song. I had no choice but the “Mughul Dukhter (Mongol Girl)…Biya Nazuk Mughul e Ma”.
In the party, we met a Mongol linguist. He interviewed us on Hazaragi. He could not believe it, when knew that back-lower shoulder is called “Dalu” in Hazaragi, which is the exact same in Mongolian. He noted down many words which were the exact same in Hazaragi and Mongolian. Even more was interesting when he asked us some technical questions. For instance, to make plural some nouns he had asked us. He said the grammar rule of pluralizing in Hazaragi is similar with Mongolian. He invited us to come to his linguistic class at the Education University of Mongolia next week and talk to students researching Mongolian.
The weather is fine nowadays, sunny and cool. Generally it’s harshly cold in winter in Mongolia. The temperature goes to -35. Unlike many other foreigners (though I don’t like to use this word for us in Mongolia, because we are treated as domestic Mongols), we are okay with food here. Mongols take heavy meal, mostly meat all the time!
I had not expected at all such a warm attitude from our Mongol ethnic fellows. I feel proud to be in our ancestral land.
The aims of Dr. R .Bashardost the Ex planning minister and parliament independent candidate of Kabul
1- Summoning of ministers for interrogation from their works results.
2- Non – existence confidence vote to lazy, non – professional and profiteer ministers.
3-Amputation of exorbitant salaries of foreign advisers, west ran and martial princes.
4- In crease of civilians and military staff’s salaries.
5- Increase of convinced salaries.
6- Cleaning of Governmental a demonstrations from allayed, in Justice and corruption.
7- Cleaning of national army and national police from non – professional members.
8- Construction of schools , religious schools, preparation of table , chair , book , scholarship , dormitory for students and higher education’s learners .
9- Construction of schools, religions schools, preparation of table, chair, book, scholarship, dormitory for students and higher education learners.
10- Preparation of abode malice available of work and educational possibilities for refugees.
11- Distribution of land for ones bales, Marty’s families Teachers, officials, refugees and deprived.
12- Obtaining of usurped lands of Governmental and personal again.
13- Trail of embezzlement public properties responsible.
14- Giving the first right to inner reconstruction’s companies and projects.
15- Dis-solving of economic criminal –N-G-O.
16- giving the first right in recruitment of Afghan workers and tradesmen.
17- serious making of dams reserve of water and watering of cultivation and generation of power.
18- Support strengthening of industries and internal productions.
19- Supporting of private sector for economic development .
20- Serious control of prices trues the health competition.
21- Expansion and development of economic, social and cultural symmetrical.
22- Demolishing of heavy direct and indirect taxes.
23- Survey, control and serious watching on the international community aids.
24- Close up the forgone prisons in Afghanistan.
25- Co-operation with international community in combat against terrorism and unsecurity.
26- Serious opposition with each kind of transaction with oppressors.
27- Forgiven policy appoint anent on the basis of national interests.
28- Immediate construction of equipped, modern clinic and hospitals.
29- Cleaning of Governmental administrations serum smugglers of narcotic materials and destroying of cultivation of poppy.
30- Immediate preparation of drinkable water and power.
31- Immediate reconstruction of roads, and public transportation.
32- Immediate programmed of canalize and regular cleanness of city from impurities.
Qazi Faez Isa, son of Qazi Muhammad Isa, has sworn in as Chief Justice Balochistan. He is the firstever Hazara to serve as Cheif Justice of Balochistan High Court.
Late Qazi Muhammad Isa was a prominent leader of Pakistan Movement and close friend of Quid-e-Azam Muhammad Ali Jinnah. He sanctioned Voice of Hazaragi in Radio Pakistan in 1975. Qazi Muhammad Isa (Marhoom) raised the voice of deprived Hazaras of Independent Hazarajat in UN for the first time in 1970s and succeeded in getting Hazara delegation in the UN represented by Tanzeem Nasle Nau Hazara Mughul.
Kaleem Umer, cousin of Qazi Faez, writes in Daily Times that the Isa Famiy belonged to Hazaras of Kandhar, who are predominantely Sunni.
The family moved to present Pakistan in 1880s when the tyrant ruler Abdul Rahman imposed a genocidal war against Hazaras killing about 60% of the total population.
Qazi Faez is a senior lawyer. He was born in 1959 in Quetta. He completed his primary and secondary education from the Quetta Grammar School. He did his BA Honours in Law and later got the degree of Bar-at-Law from London. He has written several books.
Ashraf Jahangir Qazi is the cousin of Qazi Faez. He served as the Ambassador of Pakistan in the United States and India. Currently he is the UN Secretary General’s Special Representative for Sudan.
NOTE: Daily Jang Quetta Edition in its publication of August 06 has written Qazi Faez as a Pushtoon. (See Baqia Number 53)
It is to mention that Hazaras in Pakistan live in Quetta, Karachi, Hyderabad, Nawab Shah, Sangar, Khair Pur, Zhob, Muslim Bagh, Mach, Loraralai, Duki, Sinjavi, Harnae Marvar, Dagari and in some other cities.
Qazi Faez Isa is the son of Qazi Mohammad Isa, the foremost freedom fighter from Balochistan and a close associate of the Quaid, whose efforts were chiefly responsible for Balochistan joining Pakistan.
Q: Would you say that the emergency is tantamount to martial law?
A: This emergency has no legal or constitutional basis. This is something hybrid, which the constitution does not allow or permit. You could call it martial law or any name you want to give it. In other words, it is no law at all; you may call it the law of the jungle.
Q: What are the legal ramifications of the new Provisional Constitutional Order (PCO)?
A: The PCO states that the constitution is held in abeyance. The constitution does not provide for it, the constitution does not envisage a provisional constitutional order. It has zero legal or constitutional sanctity.
We must understand the special nature of the constitution. The constitution declares that each and every citizen of Pakistan, and every person within Pakistan, even if he is a foreigner, has to abide by the constitution of Pakistan. You cannot hold the constitution in abeyance. It defeats the purpose of a constitution. The constitution is not a simple law, it is the paramount law. Article 6 of the constitution says that anybody who tries to abrogate it by force of arms, or otherwise, or assists in its abrogation, commits high treason.
Q: What, in your view, are the legal or ethical limits, if any, of judicial activism?
A: The 1973 constitution is very crucial for the survival of the country. It is the only constitutional document ever to have been promulgated unanimously by each and every member of the National Assembly. Out of 200, 196 voted in favour of it. There were four abstentions, not a single vote of dissent against the passing of the constitution in 1973. In the document, the framers of the constitution provided Article 184, which also stipulated the boundaries of judicial activism. The boundaries are, firstly, that the court can take up only a matter of public importance, and secondly, one that pertains to fundamental rights. So if a wholescale infringement of fundamental rights is taking place, Article 184 enables the Supreme Court to act. This is, of course, in the larger interest of the people. For instance, if a dam that is providing water to say 10,000, or even 1,000 people, is being polluted, their fundamental rights are being violated. They may not have the resources to initiate a case against the violators, but the court can take up the matter. So it is a wonderful device. It’s good for the poorer segments of society, it protects them and it supports them – and it is very much a matter of fundamental rights. Now if I have a personal dispute with somebody, this doesn’t come into the picture at all. So, the test is fundamental rights and public importance. If the Supreme Court takes notice of a matter which does not fall within these two conditions then it can be said to be acting beyond its jurisdiction.
Q: The parameters of judicial activism set by the constitution notwithstanding, there has been a debate in certain quarters about some of the recent rulings of the Supreme Court under Justice Iftikhar Chaudhry, namely the release of the Lal Masjid militants and the order to the authorities to pay blood money to the families of those killed in the operation on the masjid. In light of the extraordinary circumstances prevailing in the country, how wise were these decisions? Is there any provision for when the law can be modified in the larger public interest?
A: The chief justice did not pass any orders in the matter of Lal Masjid that you are referring to. Instead, orders were passed by Justice Nawaz Abbasi and Justice Javed Buttar, who, incidentally, were among the first to have been offered the oath under the PCO and who took the oath under the PCO. Furthermore, what I have been able to understand of the Lal Masjid scenario, it’s the government itself which has made it into a large issue. The government claims it is committed against terrorism, but what does the federal minister for religious affairs say? He says in the media that the two brothers [Maulanas Ghazi and Aziz] had arms in their cars, but he intervened and got them off. Isn’t he supporting terrorists?
There are many laws to arrest somebody, there are anti-terrorism laws, anti-subversion laws and others. What the courts say is to please proceed according to these laws. If people are terrorists, lodge an FIR, arrest them, there is a whole mechanism provided. You can’t just pick up a person and keep him incommunicado for years. That becomes a missing persons case. The Supreme Court has never said to release people who are guilty of terrorism or even suspects in terrorism cases. The court says to process them according to law or make laws if the [existing ones] are deficient. To simply pick up people and detain them, however, is unconstitutional. The courts have no option but to release such persons – a person is, after all, innocent until proven guilty.
Everything the Supreme Court did was according to the law and constitution. It cannot be accused of doing something for its personal interest. On the other hand, on the very same day that the proclamation of emergency was issued, Major General Arshad Waheed announced that the military had released 25 militants in exchange for 213 army officers whom the militants had taken captive. So who is releasing these people? Had the court said to release them? Let’s put matters in their true perspective.
Q: In his address to the nation following the proclamation of emergency, General Musharraf spoke about the arrests of various law enforcement personnel and of the collision course the judiciary had chosen to embark on vis à vis the executive, which had “paralysed the state machinery and demoralised the law enforcement agencies.” How would you respond?
A: The Supreme Court has said a number of times that if the government does what it is required to do, there would be no need for it to take any action. The Supreme Court will be more than happy not to do anything. It is only when the government is so thoroughly incompetent that the Supreme Court has to initiate action in all matters, in environmental matters, in building matters – even in traffic matters in Karachi. There is so much corruption everywhere. The Supreme Court has only been intervening because its jurisdiction has been invoked, under Article 184, in matters of public importance affecting fundamental rights. They have never acted beyond this domain. And the general public has been very pleased whenever the Supreme Court has acted. The poorest of the poor support the actions of the Supreme Court.
You must also realise that in this parliament, there is no opposition. In fact, there is no parliament. These parliamentarians are a burden on the exchequer, and you and I are paying for them. We have the largest cabinet in the world. What it does, we don’t know. There are no question and answer sessions, matters are not decided in the parliament, nothing is debated. I think the Supreme Court played a very valuable role because without it there would have been anarchy on the streets and probably much worse. So the Supreme Court offers people a ray of hope.
Q: Do you believe the emergency was entirely triggered by the judgement of the bench hearing the case for General Musharraf’s election to the presidency?
A: A request was made from the lawyers side that a full court should hear the matter. You will recollect that before this judgment, there was another petition which was heard by a nine-member bench. Out of these, four of the judges said that the president could not file his nomination papers. The others dismissed the petition on a technicality saying that the person who had filed it was not an aggrieved person. In the second constitution of the bench, those gentlemen who had decided against Musharraf said that since they had already decided the matter, their conscience would not permit them to be part of this bench. So the new bench was probably the most sympathetic bench available that the president could get. You will recollect that it was headed by Justice Javed Iqbal, who, when the chief justice was removed, was made the acting chief justice by no less a person than General Musharraf himself. So where is there cause for grievance? If you’re not happy even with those who are perceived to be supporting you, does that mean you should get your own court?
Q: Presidential aspirant Justice Wajihuddin made some observations recently. He said that those who were to benefit from the NRO – quite pointedly the PPP – were in collusion with President Musharraf. He also pointed out that the new chief justice of the Supreme Court, Abdul Hameed Dogar, had been elevated to the Sindh High Court by the PPP government, the implication being that his elevation was certainly not anathema to the PPP. Do you agree?
A: I don’t know if Justice Wajihuddin has made these statements. I don’t want to comment upon conjecture and surmises.
Q:Justice Javed Iqbal went on record to state that Aitzaz Ahsan, as counsel for Justice Wajihuddin Ahmed, the plaintiff in the case, had prolonged the proceedings unnecessarily. He maintained that considering Aitzaz’s “political affiliations, he did not deploy what could have been a devastating argument against Musharraf’s nomination papers.” Do you concur with this allegation?
A: I would say that Aitzaz Ahsan is a reputable counsel. I think these comments are certainly not justified.
To say that Aitzaz, because he is affiliated with the Peoples Party, intentionally mishandled the case, is absolutely untrue. We all know that Benazir Bhutto is not happy with Aitzaz Ahsan, so the last person that she would be listening to or vice versa, would be Aitzaz Ahsan.
Q:What happens now to all the rulings that had been made by the Supreme Court prior to the proclamation of emergency? Can they be overturned?
A: Each and every judgment of the Supreme Court stands unless it is overruled.
Q:Can it be overruled by the current bench of the Supreme Court?
A: There is only one Supreme Court, there is no new Supreme Court. Anybody who takes oath under the PCO is violating the constitution and thus cannot be accepted or recognised as a judge.
Q:That notwithstanding, this is not the first PCO, and whatever their legitimate position, the courts have continued to function…
A: There is one big difference this time… this has never happened before. In all the earlier instances the Supreme Court found some fig leaf to justify military intervention by inventing the doctrine of necessity or by other means. The difference this time is that on the day of the proclamation of emergency and the issuance of the PCO, a seven-member bench of the Supreme Court struck down the PCO. The Supreme Court held, “The order states, no judge of the Supreme Court or the High Courts including chief justices shall take oath under PCOs or any other constitutional step. Any further appointment of the chief justice of Pakistan and the judges of the Supreme Court and chief justices of High Courts and judges of provinces under the new development shall be unlawful and without jurisdiction.” So there is an order operating. And what are the consequences of violating this order? Article 190 of the constitution stipulates that all executive and judicial authorities in Pakistan shall act in aid of the Supreme Court. So it is a binding order on each and every one of us. There is no way out of this order now. The fundamental difference this time is that the Supreme Court immediately convened and seven judges, the chief justice and the senior-most judges of the Supreme Court, including the second and the third, Justice Rana Bhagwandas and Justice Javed Iqbal, passed this order. So it carries a lot of weight. The judges went on to state, and this is very interesting, “The chief of army staff, corp commanders, staff officers, and all concerned of civil and military authorities are hereby restrained from acting on the PCO.” I think this concludes the matter and there is no fig leaf this time.
Q:What happens to all the judges who refused to take oath? Do they just go home?
A: No, they continue to be judges under the constitution and law.
Q:The courts will function without them. So will it not be just in name – unless the PCO is rescinded?
A: The only courts in Pakistan that can function are under those judges who took an oath under the 1973 constitution. All those who were judges on November 3, continue to be judges. In the constitution of Pakistan, there are only three ways a High Court or Supreme Court judge can be removed. One, if he dies in office. Second, if he resigns his office. Third, if the supreme judicial council removes him. The framers of the constitution, and this happens everywhere in the world, knew that you must provide security to a judge of the Supreme Court because he would be deciding sensitive matters and at times when you have powerful parties arrayed against you, for example the government or the president, you want to ensure that the judge is not going to be worried about his job. So there is absolute security of tenure. A Supreme Court or High Court judge cannot be removed at all. The minute you do that you fall foul of Article 6 and you are guilty of high treason. So Justice Iftikhar Chaudhry remains chief justice, and there is no other. Sabihuddin Ahmed is chief justice of the Sindh High Court. It is as simple as that, it’s black and white.
Q:How do you see the future of the judiciary?
A: The future couldn’t be bleaker. You can’t have democracy without an independent judiciary, you can’t have democracy without an independent media. Each and every officer of the armed forces and the civil bureaucracy, each and every member of parliament, should be asked about the oath they took under the constitution. Schedule 3 prescribes an oath of office for every one of them, as it does for the president of Pakistan and the prime minister. Under this oath they all swear to preserve and protect the constitution. So now each member of parliament, each federal minister, each provincial minister, each member of provincial assembly, the chairman of the Senate, each one is violating their oath of office. So either they don’t have the consciousness, or the conscience. Have they not read the oath that they took? Are they protecting the constitution when they go by this order which says that the constitution is held in abeyance?
Q:So is there going to be no fight-back by the legal fraternity?
A: The legal community is not entering the courts at this time.
Q:Doesn’t that affect all those whose cases desperately need to be heard?
A: Would you want a case to be heard by a person who has now sworn – and this is very important – not to challenge or to entertain any challenge against the proclamation of emergency or the PCO. Both these devices have been used to take away your fundamental rights. So if they decide to close, for instance Newsline, for printing this interview, what is your recourse? None. Ordinarily you would have gone to the High Court and filed a petition under Article 199, because you could say your fundamental rights had been violated. What will you do today? Nothing. The courts have sworn to uphold the proclamation of the PCO, which says that fundamental rights are out of the window. I know people will suffer, but they will suffer far more, [if they become party to this]. You have to prevent the disease from spreading.
Q:So the fight-back is essentially by an act of omission…
A: I don’t know where the constitution of Pakistan says that only the legal community is obligated to uphold the constitution. It is each and every one’s duty – not just that of civil society, but of every individual, including those in the military.
As for the lawyers, in one day, 500 lawyers were arrested. This is a world record. Three hundred and forty-four FIRs were lodged in Lahore, in just one police station. And lawyers have been charged with all sorts of offences. They were in court, the police barged in, hit them with batons, tear-gassed them and then lodged FIRs against them.
So the entire leadership of the lawyers has been incarcerated, including the second, third and fourth tiers. Still they are brave souls, they are coming out, and are paying perhaps the biggest price. Apart from the assaults on them, if they don’t appear in court, nobody is going to pay them. And it is not as though they will derive any personal benefit from their battle. This battle they are fighting is for Pakistan.
Q:Do you think the current status-quo will remain?
A: Our faith teaches us patience – one should never give up hope and must speak up against tyranny. But the reality is that a single phone call from Condoleezza Rice ensured that, earlier, no emergency was declared. I’m sure if President Bush, who pretends to want democracy in Pakistan, was to make a phone call, things could be immediately reversed. Unfortunately today, the people of Pakistan are not determining the events that are taking place in Pakistan, it is America who decides what happens in Pakistan.
And now the American nation has to, for once and for all, decide, do they stand by the people of Pakistan or do they stand by one individual?