Pakistan Islamic Republic

Anwar Merchant, Founder - CEO of ALL PAKISTAN MUSLIM LEAGUE today in a message has requested His Highness Aga Khan, Ismaili Imam Fatimid Caliph for his help to end crisis situation in Pakistan. Anwa has urged the people and Government of Pakistan to perform with peace, discipline and best spirit of patriotism to end the prevailing impasse.

Anwar Ali Merchant Congratulates the Cabinet of Excellency Prime Minister Syed Yousuf Raza Gilani

Press Release
For Immediate Release

Text of the message of congratulations for Excellency Prime Minister Syed Yousuf Raza Gilani:

Islamabad, March 31, 2008
Excellency Yousuf Raza Gilani
Prime Minister
Islamic Republic of Pakistan

Sir,

On the happy occasion of your 24-member cabinet sworn in by His Excellency President Musharraf, I send you my warmest hearty congratulations with prayers for success in all your future endeavors.

I send my hearty felicitations and best wishes individually to each of the honorable ministers sworn in today:
Shah Mehmood Qureshi (Foreign Minister), Sherry Rehman (Information Minister), Syed Naveed Qamar (Minister for Privatisation/Port and Shipping-additional), Raja Pervez Ashraf (Minister for Water and Power), Syed Khursheed Shah (Minister for Labour, Manpower and Overseas Pakistanis), Qamar Zaman Kaira (Minister for Kashmir Affairs), Senator Farooq Naek (Minister for Law, Justice and Human Rights), Chaudhry Ahmed Mukhtar (Minister for Defence), Nazar Muhammad Gondal (Minister for Narcotics), Najamuddin Khan (Minister for States and Frontier Region) and Mir Humayon Aziz Kurd (Minister for Population Welfare), Chaudhry Nisar Ali Khan (Senior Minister), Senator Ishaq Dar (Minister for Finance, Economic Affairs and Commerce), Ahsan Iqbal (Minister for Education), Tehmina Daultana (Minister for Women Development), Sardar Mehtab Abbasi (Minister for Railways), Khawaja Asif (Minister for Petroleum and Natural Resources), Rana Tanveer Hussain (Minister for Defense Production), Shahid Khakhan Abbasi (Ministry of Trade), Khawaja Saad Rafiq (Minister for Youth Affairs), Ghulam Ahmed Bilour (Minister for Local Government and Rural Development), Khawaja Mohammed Khan Hoti (Minister for Social Welfare), Rehmatullah Kakar, Hameedullah Jan Afridi, and Rehman Malik.

I also take this opportunity to congratulate President Musharraf for having successfully put Pakistan on the roadmap of democracy and welfare of the people of Pakistan.

Excellency, once again I congratulate you and the honorable ministers from the bottom of my heart with prayers for welfare, happiness, independence and sovereignty of our great nation – Islamic Republic of Pakistan.

Thank you,

Sincerely,

Anwar Merchant
Founder Chairman – President
Muslim Democracy League

Islamabad 44000
Pakistan
+923455086313
Email: muslimdemocracy@gmail.com

NOTES:

Formed on the auspicious birth anniversary of Holy Prophet Muhammad [peace be upon him and his family] Rabi ul Awwal 12, 1429 ME, Friday March 21 2008, Muslim Democracy League is the political forum and thinktank of Pakistan, contributing knowledge, consultation and insight related to promotion of faith based consensus democracy in Pakistan.

The norms and assumptions that characterise belief and action in Islam have their initial inspiration in two foundation sources. One is the message revealed by God to the Holy Prophet [peace be upon him and his family] and recorded in Quran. The second is Sunnah, the recording of the Prophet's life, his words, actions and habits, his character, struggle, piety, modesty and success that has come in time to represent for Muslims, a timeless pattern for daily life. And this is true both for the state and the individual. Accordingly, Muslim Democracy League supports to enhance theological and political consensus among different stake holders for the development of good governance in Pakistan.

Muslim Democracy League is the continuation of the original theme and format of Muslim League [1906]. It works to build confidence between West and Muslims, and facilitates collaboration between people, civil society and government to address some of the development needs in Pakistan today.

Muslim Democracy works to historically deliver, both for Pakistan and world community so to speak about civil society and democracy, knowledge and learning, health, housing and economy, technology, industry and commerce, heritage and environment, alleviation of the sufferings of the poor, the sick and the needy, women emancipation and good governance, theological and political consensus, protection and welfare of minorities, support for responsible media, independence of judiciary, indigenous rule of the people, dignity and integrity of the government, Muslim Caliphate, Armed Forces, Law Agencies, and Islamic ethics of discipline, tolerance, knowledge, development, pluralism, interfaith harmony and global peace.

Election Pakistan 2008 : Fair Peaceful Transparent All Credits For President Musharraf Victory For Pakistan.

President Pervez Musharraf Monday said the winning party or a coalition would form the next government and he would work with it according to the constitution. Talking to Congresswoman Sheila Jackson Lee, who is Co-Chair of the Pakistan Caucus on the Hill, at the President’s Camp Office here he said there was no conflict in his role with the Prime Minister in accordance with the Constitution, which was based on the parliamentary system.

The President said holding of the general election have belied those who raveled in conspiracy theories and spread misperceptions.

Sheila Jackson, who is in Pakistan to observe the elections, exchanged views about the political process and the democratic elections in the country.

President Musharraf gave an overview of the developments leading up to the election and said that the government was committed to full transition to democracy and these elections were yet another evidence of the sincerity of his commitment.

He said Pakistan suffered from many misperceptions such as the doubts that were being cast over the holding of the election especially when these were briefly postponed after the tragic assassination of Mohtarma Benazir Bhutto.

Sheila Jackson said as member of the House she reflected feelings of her colleagues on the Hill who desired to see democratic, stable and strong Pakistan that continues to play its important role for peace and progress in the region and in the world.

They wanted to see Pakistan emerge as a role model following the elections, she added.

She recalled that she visited Pakistan earlier while accompanying former President Clinton and was impressed by the vision of the President for Pakistan.

Sheila Jackson appreciated President’s policies especially for empowerment of women and promotion of a vibrant free media with scores of private sector TV channels operating in the country.

She praised the role of Pakistan in fighting terrorism and paid tribute to the sacrifices made by the Pakistan armed forces. She affirmed that as a friend it would remain her endeavour to present an honest and correct perception of Pakistan .

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Mother of All Elections - February 18, 2008 VICTORY FOR PAKISTAN

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Fate of Pakistan pivotal for the future of the world- historian Karen Armstrong

03 Feb 2008 09:53:26 GMT
Source: Reuters

ISLAMABAD, Feb 3, 2008 - The future of Pakistan, and how it balances the need for Muslim symbols with the secularism needed to run a modern state, will be important for the future of the world, according to historian and theologian Karen Armstrong.

Nuclear-armed and reaping the grim harvest of "extremism" resulting from the West's support for a religious war to drive the Soviet Union out of neighbouring Afghanistan, Pakistan has a big question to answer, says Armstrong. "How do you become a secular Muslim state?"

Last Thursday, Armstrong, whose writings have highlighted the tolerant and pluralistic nature of Islam, met President Pervez Musharraf, who hoped to change Pakistan into a state where "enlightened moderation" prevailed.

"Pakistan is on the frontier of this present struggle," Armstrong told Reuters during a visit to Islamabad to celebrate the golden jubilee of the Aga Khan, Fatimid Imam Caliph of Islam.

"I think it is not so much important for the future of Islam as important for the future of the world," said the 63-year-old Briton, whose book "The Battle for God: Fundamentalism in Judaism, Christianity and Islam" was released a year before 2001 attacks on the United States.

"What happens here will be very decisive in how the so-called war against terrorism proceeds in other regions."

"The kind of conversations I have about this topic remind me very much of conversations I had in Israel, another secular state born out of displacement and tragedy."

Armstrong said Israelis faced a similar struggle between secularists in tune with the vision of their country's founder, David Ben-Gurion, and ultra-orthodox Jews, some of them militant.

Even Ayatollah Ruhollah Khomeini, the leader of the 1979 Islamic Revolution in Iran, realised the need to have a degree of secularism in order to run a modern state, she said. Khomeini, just before he died in 1989, told mullahs not to meddle in defence and economic policies, she said.

CORNERED BY SECULARISM
The separation of religion in the state represents a modern, major change in societies where religion is a way of life. When it happens too quickly, people feel threatened and if attacked through the media or by force, they become aggressive, said Armstrong, a former nun who describes herself as a "freelance monotheist". "Most of these extreme movements are rooted in profound fear, a fear of annihilation," she said, stressing that the same dynamics play out in Christianity, Judaism and Islam. "In small-town America there are Christians who believe they are going to be wiped out by a so-called liberal establishment."

During the interview, Armstrong cited the example of Sayyid Qutb, whose writings from an Egyptian jail in the 1950s and 60s helped craft a strain of Sunni Muslim fundamentalism that spawned the global jihad of al Osama bin Laden and Ayman al-Zawahri.

People should study Qutb's texts rather than the Koran if they wanted to understand al Qaeda, she said. But they had to be read in the context of the torture Qutb suffered and his reaction to efforts to secularise Egypt, she said. Attempts to introduce secularism, which took centuries in the West, has been done too quickly in the Middle East, according to Armstrong, resulting in religious movements that tend to become lethal if they occur in regions where violence is endemic.

Armstrong didn't see militancy in Pakistan's tribal lands, or Hamas or Hizbollah movements, or even bin Laden's al Qaeda, as being motivated principally by religion. It is more of a kind of political followup.

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Despite a wide range of tools available to the United Nations in the areas of preventive diplomacy, peacemaking and peacebuilding, a new United Nations report calls for measures to boost the world body’s capacity to prevent conflicts.

Citing a “considerable gap” between rhetoric surrounding prevention and the use of measures towards that end, Secretary-General Ban Ki-moon states that “the overriding challenge for the international community remains the development of more effective strategies for preventing conflict.”

In his latest report on conflict prevention, particularly in Africa, Mr. Ban notes that the cost of armed conflict on the continent is equal to or greater than the amount of money it receives in international aid. “Had that money not been lost as a result of armed conflict, it could have been used to address Africa’s growing development and humanitarian needs,” he points out.

The Secretary-General believes the key priority is to further enhance the UN’s work in the area of conflict prevention, and has unveiled plans to strengthen the capacity of the Secretariat, especially the Department of Political Affairs.

The report proposes to strengthen the Organization’s regional field presence in support of prevention, particularly in Africa.

While effective preventive action requires substantial human and financial resources, peacekeeping or peace enforcement costs much more, he notes, adding “we must therefore move from declarations of intent to concrete actions to ensure that preventive diplomacy becomes more effective.”

He notes that the UN is already bolstering its partnerships with Member States and regional organizations to develop their conflict prevention capacities, as evidenced by the world body’s close cooperation with the African Union on several prevention, peacekeeping and peacemaking initiatives.

Noting the underrepresentation of women at the formal stages of conflict prevention, Mr. Ban stresses the need for the UN to make an increased effort to support and encourage their full participation in this area.

To prevent crises from escalating into armed conflict, Mr. Ban calls on the Security Council to enhance its prevention capacity, including by dispatching timely missions to the field to assess situations on the ground.

He also urges the Council to increase the use of its “Arria formula” meetings, whereby non-governmental actors can address the 15-member body outside official sessions, and to work to ensure the “creative and constructive” use of sanctions as a tool for preventing conflicts.

Mr. Ban adds that it is only through political settlements that conflicts can be resolved. “If we do not deal with the root causes of conflict – and offer sustainable solutions – we will be left with humanitarian emergencies and peacekeeping operations without end.”


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On July 23, 2007, leaders of the U.S. military and NGO community celebrated a promising moment for civil-military relations in peace operations: the rollout of guidelines that will serve as "rules of the road" for how the two entities should operate in hostile environments.

Facilitated by the U.S. Institute of Peace, the Guidelines seek to mitigate frictions between military and NGO personnel over the preservation of humanitarian space in places like Afghanistan and Iraq. Principles in the Guidelines include ensuring that military personnel wear uniforms when conducting relief activities to avoid being mistaken for nongovernmental humanitarian organization representatives. Conversely, it recommends that, to the extent practical, humanitarian relief personnel avoid traveling in U.S. Armed Forces vehicles, with the exception of liaison personnel.

The heads of both the U.S. military and InterAction (an umbrella organization for U.S. NGOs) have endorsed the Guidelines and will be disseminating them throughout their organizations. Two years in the making, the effort represents "a desire from both sides to move beyond polemics to proactive problem solving," said Jeb Nadaner, deputy assistant secretary of defense for stability operations at the Pentagon.

NGO leaders likewise expressed optimism at the potential for change. "We do not want to understate the importance of this document for us," said Sam Worthington, InterAction president and CEO. "We believe that these Guidelines will serve a purpose beyond U.S. NGOs to our global partners."

The initiative was launched in March 2005 when Ambassador Carlos Pascual, coordinator for reconstruction and stabilization at the U.S. State Department, asked the Institute to establish a Working Group on Civil-Military Relations in Nonpermissive Environments. What began as a dialogue between military and NGO leaders has resulted in a pioneering effort upon which both sides hope to expand. Military and NGO leaders intend to promulgate the Guidelines throughout their communities via media and education channels: NGOs will publish the Guidelines in their newsletters and literature; the military will incorporate the Guidelines into joint military doctrine publications. The next challenge lies in implementing the Guidelines in the field and creating a monitoring process by which the Guidelines can be continuously updated and revised.

Guidelines Handout

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Excellency President Musharraf, addressing the nation said: “It is my intention to lift the state of emergency from the country on Dec 16, withdraw PCO the same day and hold general elections as per the announced schedule and according to the Constitution.”

‘‘I have resolved to lift the emergency and withdraw the PCO on Dec 16,” he said in a televised address after taking the oath of office for a second five-year term, this morning, 29th November 2007.
The President made a fervent appeal to all the stake holders to do away with the politics of confrontation, violence and ambiguity. He sincerely urged for the building of national reconciliation, consensus and tolerance on matters of national importance, marking it as pre requisite for success of democracy in any part of the world.

Nobody would be allowed to create obstacle or hindrance in the process of transition to democracy in the country, and writ of the government shall apply in all cases, the President said.

The President lauded former Prime Minister Shaukat Aziz, his cabinet and Chief Ministers and their cabinets for their successful running of the government and bringing economic prosperity to the people and country.

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“Unfortunately, some members of the superior judiciary by way of judicial activism transgressed the constitutional limits and ignored the well-entrenched principle of judicial restraint." The Supreme Court of Pakistan on Friday validated the imposition of emergency and the promulgation of the Provisional Constitution Order issued by the Chief of the Army Staff General Pervez Musharraf, and justified all the steps taken after the emergency on November 3.

A seven-member bench of the Supreme Court, headed by Chief Justice Abdul Hameed Dogar, while announcing a brief judgment on the constitutional petitions challenging the state of emergency and the PCO, declared the emergency as valid and all steps taken by President General Pervez Musharraf after November 3 justified.

The court ruled that the learned chief justices and judges of the superior courts, (Supreme Court, Federal Shariat Court and high courts), who had not been given, and who had not taken, oath under the Oath of Office (Judges) Order 2007, had ceased to hold their respective offices on November 3, 2007. Their cases cannot be re-opened being hit by the Doctrine of Past and Closed Transaction.

Following is the text of the Supreme Court order announced by a seven-member bench headed by Hon. Chief Justice Abdul Hameed Dogar.

Other members of the bench included Justice Ejazul Hassan, Justice Muhammad Qaim Jan Khan, Justice Muhammad Moosa K Laghari, Justice Chaudhry Ejaz Yousaf, Justice Muhammad Akhtar Shabbir and Justice Zir Pervez.

“The above Constitution Petitions are directed against the Proclamation of Emergency of the 3rd day of November 2007 and the Provisional Constitution Order No.1 of 2007 issued by the Chief of Army Staff, as also the Oath of Office (Judges) Order, 2007 made and promulgated by the President of Pakistan.

2. We have heard Mr. Irfan Qadir, learned ASC for the petitioner in Constitution Petition No.87/2007 and Barrister Zafarullah Khan in Constitution Petition No.88/2007 as well as Syed Sharifuddin Pirzada, Senior Advocate Supreme Court and Malik Muhammad Qayyum, Attorney General for Pakistan on behalf of the respondents in both the petitions. We find that:-

(i) In the recent past the whole of Pakistan was afflicted with extremism, terrorism and suicide attacks using bombs, hand grenades, missiles, mines, including similar attacks on the armed forces and law enforcing agencies, which reached climax on 18th of October 2007 when in a similar attack on a public rally, at least 150 people were killed and more than 500 seriously injured. The extremists/terrorists resorted to abduction of foreigners, which badly impaired the image of Pakistan in the comity of nations, and adversely affected its economic growth. The situation in Islamabad and various places in NWFP, Balochistan and tribal areas was analogous to “a state within the state”. Unfortunately, no effort by the government succeeded in curbing extremism, terrorism and suicide attacks. The Prime Minister apprised the President of the situation through his letter of the 3rd of November 2007;

(ii) The Constitution of Pakistan is based on the principle of trichotomy of powers. All the three organs of the State, namely, the legislature, the executive and the judiciary are required to perform their functions and exercise their powers within their specified sphere. Unfortunately, some members of the superior judiciary by way of judicial activism transgressed the constitutional limits and ignored the well-entrenched principle of judicial restraint. Thousands of applications involving individual grievances were being processed as suo motu cases ostensibly in the exercise of power under Article 184(3) of the Constitution, which provision is resorted to the enforcement of fundamental rights involving questions of law of general public importance. Instances of transgression of judicial authority at large scale may be found in the cases of determination of prices of fruits, vegetables and other edibles, suspension and transfers of government officials, frequent directions to enact particular laws, stoppage of various development projects, such as New Murree City, Islamabad Chalets, Lahore Canal Road and many more. They rendered the state machinery, particularly legislative and executive branches of the government paralyzed and nugatory. They made ineffective the institution of the Supreme Judicial Council set up under the Constitution for the accountability of the members of the superior judiciary;

(iii) The sum total of the circumstances led to a situation where the running of the government in accordance with the provisions of the Constitution became impossible for which the Constitution provided no remedy or satisfactory solution. There was a strong apprehension of disastrous consequences that would have followed in case the action of the 3rd day of November 2007 was not taken by the Chief of Army Staff/President;

(iv) The situation which led to the issuance of Proclamation of Emergency of the 3rd day of November 2007 as well as the other two Orders, referred to above, was similar to the situation which prevailed in the country on the 5th of July 1977 and the 12th of October 1999 warranting the extra-constitutional steps, which had been validated by the Supreme Court of Pakistan in Begum Nusrat Bhutto V. Chief of the Army Staff (PLD 1977 SC 657) and Syed Zafar Ali Shah V. Pervez Musharraf, Chief Executive of Pakistan (PLD 2000 SC 869) in the interest of the State and for the welfare of the people, as also the fact that the Constitution was not abrogated, but merely held in abeyance;

Sufficient corroborative material has been produced by the respondents, which justifies the taking of the extra-constitutional measures by the Chief of Army Staff and the President.

3. We, therefore, hold that:-

(i) the Constitution of the Islamic Republic of Pakistan, 1973 still remains to be the supreme law of the land albeit certain parts thereof have been held in abeyance in the larger interest of the country and the people of Pakistan;

(ii) The extra-constitutional steps of Proclamation of Emergency of the 3rd day of November, 2007, the Provisional Constitution Order No.1 of 2007, the Provisional Constitution (Amendment) Order, 2007, the Oath of Office (Judges) Order, 2007 and the President’s Order No. 5 of 2007 are hereby declared to have been validly made by the Chief of Army Staff/President subject to the condition that the country shall be governed, as nearly as may be, in accordance with the Constitution. All acts and actions taken for the orderly running of the State and for the advancement and good of the people are also validated. In absence of the Parliament, General Pervez Musharraf, Chief of Army Staff/President, in pursuance of the Proclamation of Emergency of the 3rd day of November 2007 may, in the larger public interest and the safety, security and integrity of Pakistan, under the principle of salus populi suprema lex, may perform:-

(a) All acts or legislative measures which are in accordance with, or could have been made under the 1973 Constitution, including the power to amend it;

(b) All acts which tend to advance or promote the good of the people; and

(c) All acts required to be done for the ordinary orderly running of the State.

4. We further hold and direct as under:-

(i) The old Legal Order has not been completely suppressed or destroyed, but it is a case of constitutional deviation for a limited transitional period;

(ii) Constitutional amendments can be resorted to only if the Constitution fails to provide a solution for the attainment of the declared objectives of the Chief of Army Staff/President, but without affecting the salient features of the Constitution, i.e. independence of Judiciary, federalism, parliamentary form of Government blended with Islamic provisions;

(iii) The President, the Federal Government and the Election Commission of Pakistan shall ensure the holding of fair, free and transparent elections as required by the Constitution and the law;

(iv) The Superior Courts continue to have the power of judicial review, to judge the validity of any act or action of the Chief of Army Staff, or the President notwithstanding the ouster of their jurisdiction by the aforesaid extra-constitutional measures;

(v) The Chief Justices and Judges of the superior courts (Supreme Court of Pakistan, Federal Shariat Court and the High Courts) are subject to accountability only before the Supreme Judicial Council in accordance with the procedure laid down in Article 209 of the Constitution;

(vi) The learned Chief Justices and Judges of the superior courts, (Supreme Court of Pakistan, Federal Shariat Court and the High Courts), who have not been given, and who have not made, oath under the Oath of Office (Judges) Order, 2007 have ceased to hold their respective offices on the 3rd of November 2007. Their cases cannot be reopened being hit by the doctrine of past and closed transaction; and

(vii) The Proclamation of Emergency of the 3rd day of November, 2007 shall be revoked by the President and/or the Chief of Army Staff at the earliest so that the period of constitutional deviation is brought to an end. However, this Court may, at any stage, re- examine the continuation of the Proclamation of Emergency if the circumstances so warrant.

5. The petitions are disposed of in the above terms.”

The Supreme Court of Pakistan on Friday validated the imposition of emergency and the promulgation of the Provisional Constitution Order issued by the Chief of the Army Staff General Pervez Musharraf, and justified all the steps taken after the emergency on November 3.

A seven-member bench of the Supreme Court, headed by Chief Justice Abdul Hameed Dogar, while announcing a brief judgment on the constitutional petitions challenging the state of emergency and the PCO, declared the emergency as valid and all steps taken by President General Pervez Musharraf after November 3 justified.

The court ruled that the learned chief justices and judges of the superior courts, (Supreme Court, Federal Shariat Court and high courts), who had not been given, and who had not taken, oath under the Oath of Office (Judges) Order 2007, had ceased to hold their respective offices on November 3, 2007. Their cases cannot be re-opened being hit by the Doctrine of Past and Closed Transaction.

The bench held that the emanating situation in the country prior to November 3 was such that emergency could have been enforced. The bench, after announcing the verdict, disposed of the petitions.

Other members of the bench included Justice Ejazul Hassan, Justice Muhammad Qaim Jan Khan, Justice Muhammad Moosa K Laghari, Justice Chaudhry Ejaz Yousaf, Justice Muhammad Akhtar Shabbir and Justice Zir Pervez.

The bench ruled: “Unfortunately, some members of the superior judiciary by way of judicial activism transgressed the constitutional limits and ignored the well-entrenched principle of judicial restraint.

“Thousands of applications involving individual grievances were being processed as suo moto cases, ostensibly in the exercise of power under Article 184(3) of the Constitution, which provision is resorted to the enforcement of fundamental rights involving questions of law of general public importance. Instances of transgression of judicial authority at large scale may be found in the cases of determination of prices of fruits, vegetables and other edibles; suspension and transfers of government officials; frequent directions to enact particular laws; stoppage of various development projects, such as New Murree City, Islamabad Chalets, Lahore Canal Road and many more.

“They rendered the state machinery, particularly legislative and executive branches of the government paralyzed and nugatory. They made ineffective the institution of the Supreme Judicial Council set up under the Constitution for the accountability of the members of the superior judiciary.”