Chief Justice's terrible decision!

A few hours ago the Supreme Court of Pakistan ruled that Yusuf Raza Gilani stands disqualified under 63(1) g of the Constitution. I have written extensively on this in many of my previous blog posts which may be found on this website. However I'd like to state some basic issues with this judgment in clear and unambiguous terms (sadly no one speaks in those in Pakistan:

1. Chief Justice of Pakistan is NOT vested with the authority under the constitution to dismiss the Prime Minister or over-rule the decisions of the Speaker i.e. Presiding Officer of the National Assembly whose decisions are his or her privilege and are covered by the parliamentary privilege clause.

2. Chief Justice of Pakistan/the entire Supreme Court of Pakistan has no authority to dictate to the Prime Minister of Pakistan on what to write to which foreign authority. That is an executive function and not a judicial function.

Pakistan's future?

By Yasser Latif Hamdani


Our right-wingers and religious extremists with their unthinking rhetoric are leading Pakistan to disaster. The politics of NATO supply lines is the pound of flesh they wish to extract from a wretched establishment that has long utilised them for their own agendas. Now the chickens are coming home to roost.

There is a consensus across the board amongst analysts and policy makers that Pakistan’s bilateral ties with the US are extremely important for the country. It is the US that is Pakistan’s largest trading partner — a partner that largely sustains our legitimate economy. Yet the expediencies of politics are driving all major parties in Pakistan to take a hardline approach towards the US that will in the final assessment only hurt Pakistan’s interests home and abroad.

For long we have ignored the sordid reality of post-1977 Pakistan. Not only has continuous war on our western front drained us economically, it has annihilated us socially. What does the world see when it sees us? It sees an economic basket case, which is constitutionally and in practice a theocracy. It sees a state that persecutes people and discriminates against them in the name of religion. It sees a state that tolerates domestic violence and relegates women to a second-class status. In short, we are today exactly the opposite of what we wanted to be in 1947, thus bringing into controversy the very creation of this state. It is time to look into the mirror without any illusions. We are a ghetto of festering intolerance, dysfunctional democracy and a military establishment that seems to have isolated itself from reality by conflating its own interests (defined by a 20th century military mindset entirely out of step with 21st century realities) with those of the state. Add to that a judiciary that the world at least sees as hell bent on destabilising a nascent and troubled democracy by quoting Kahlil Gibran.

Open Letter to the Chief Justice of Pakistan

My Lord, 

I write to your Lordship as a lawyer who participated in a meagre capacity in the Lawyers’ Movement. We stood up then for the Supreme Court of Pakistan because in your Lordship we found a chief justice who was willing to say ‘no’ to the demands of a military dictator. When history is recorded, your Lordship will be credited as being responsible for initiating and executing the end game for Pakistan’s last military dictator and for laying the foundation of sustainable constitutional civilian rule in Pakistan. Therefore, your Lordship’s place in history is assured and unshakeable.

Was Jinnah democratic ? - I

By Yasser Latif Hamdani

As a people we are incapable of assuming responsibility for our actions. How unfortunate is the man who is credited with founding of Pakistan, for time and again, blame is laid at his door for the mess we have made of this country.