Oct 252010
 

By Qaisar Sultan

There is an interesting question arising from the legal challenges to a fragile democracy in Pakistan: Can a constitutional democracy amend the very spirit of the constitution that it is based upon? Who is to decide these matters and to accept without any reservation? The Supreme Court is mainly concerned about its survival and any proposed amendment has to protect the power of justices for the appointments of judges. In USA, the decision of appointing chief justice and justices of the Supreme Court judges lies within the power of the president; and requires the approval from the senate.  The elusive constitutionality of the 18th.amendment and the executive order to bring back the judges have been kicked around as a tattered doll dragged between the Supreme Court justices and wicked democrats defending their positions by sharing and playing with the absurdities and ambiguities inbuilt and revised in the constitution. While the contestation goes through peak to valley, the vagueness and distortion of the constitutional issues of the state, carried out by less than mediocre inept and dishonest politicians and judges, the relief and justice to flood ravaged country is nowhere to be found, except for the American aid and promises. Continue reading »

 Posted by at 12:33 pm
Oct 182010
 

A Shudder Hindu stood on one leg for ten years with full conviction that by enduring pain and suffering he would come back as a prince in his next life. The self-immolation of the monks of Vietnam, burning alive, was a horrified political weapon to be used. The self- immolation has been demonstrated with pride by the Christians in Mexico putting themselves on cross and nailing down their hands and legs to the wooden planks. The self- immolation is also practiced by Hindus, Christian monks, Buddhists and some Muslims. The sati tradition in Hindu culture was revered when a “devoted” wife jumped in the burning fire on her husband’s cremating ceremony.  The monks are known to lash themselves till they bled profusely, sometimes to their death. What we call a man or woman deciding to commit a suicide in the name of Mighty God; and end up killing himself and other innocent people in the passage to heaven.  The idea is to wish an audience with his Maker to let Him know that he disposed of the gift of life in the hope to have an eternity full of bliss. That is the power of faith used poorly. “They marched away enduring a belief/ Whose logic bought them, somewhere else to grief” The Shields of Achilles by Auden. Continue reading »

 Posted by at 9:24 pm
Oct 122010
 

By Qaisar Sultan

Who says that the Pakistanis have not shaped some great philosophical debate? One of our democrats, Qayyum jatoi, who happened to be a federal minister, surmised a new theory of justice. Jatoi said in an emotional outburst, “All the groups- Sindhis, Pakhtoon, Balochi, Saraiki, and Punjabi- should get an equal share in corruption”- Rawls, after hearing this new revolutionary theory of justice, must be turning in his grave.  Who he thinks getting the lion share of corruption money? Jatoi’s boss, Zardari, is supposed to be on the top of the list. Most of politicians from Southern Punjab are as corrupt as any other politician in the country. But Jatoi was not talking about civilian corruption; he meant the corruption money of the military. Jatoi did not stop there; he continued his frontal assault, “We provide the army with uniform and boots, not to Continue reading »

 Posted by at 12:36 pm
Sep 252010
 

In a criminal case, the jury has to make the judgment of guilt beyond a reasonable doubt. That is what the defendant’s attorneys do; create doubts in criminal cases. In civil cases, the preponderance of evidence may suffice a judgment against the defendant; based on credible and compelling evidence and its probable truth and accuracy.  Asif Zardari’s murder and kidnapping cases required “beyond reasonable doubt” evidence, almost impossible in Pakistan; to put him away for life- His corruption charges do not demand an air tight proof to show his prowess for embezzlement. The bafflement is due to the number game, how many billions; go and wrangle about few millions here or there.  It is not about this man, Zardari, who represents the illiterate majority that elected him; it is about the conscious of a nation. As Asif Zardari said it so eloquently, “It is not Jinnah’s Pakistan, it is Bhutto’s Pakistan”, meaning that the nation has a new state of mind. God bless our great country! Ibn Khaldun in Muqaddimah suggested that it is the people who are responsible for the bad leadership. It is sad and facetious interpretation through Continue reading »

 Posted by at 5:07 pm
Sep 222010
 

By Qaisar Sultan

There is a dilemma faced by the nation regarding the Supreme Court’s dubious inability to contain an irreparable damage done to the country by corrupt, evil, inept politicians who have become the legislators in Pakistan, an insult to the term and its concept. There seems to be stretched out long debates, intentional delaying tactics, cute excuses, confusions, rumors about some kind of payoff to some judges by the politicians and threadbare legal arguments and waste of money of the tax payer. During the Musharraf regime, there were genuine fears of all kinds. When general Musharraf ignored the Supreme Court, the question was asked: Who could make him to surrender to the decision of the Supreme Court; and what could happen if he refused to listen to the Supreme Court’s decisions? The question is: What the Supreme Court can do to force the democratic and supposedly a constitutional government to abide by the decisions of the highest court in the country? Continue reading »

 Posted by at 6:45 am
Sep 152010
 

BY QAISAR SULTAN

  What should we do when it is obvious that the state is failing rapidly? Should we rely on a failed democracy? Should we stay silent knowingly that the elected leaders are incompetent, corrupt and destroying the country? The democracy in Pakistan has failed over and over again. There is no doubt that the democratic system of the government provides fairness and progress, not only on social grounds, but also economically benefits the country. Instead, we have experienced the social decay and weak economy during the democratic governments. The democracy seems to bring in the worst ethnic feelings among provinces in Pakistan. The political parties are more bigoted than the people of Pakistan- They exploit their constituency by bringing out the uncalled fears of others. From Nawaz Sharif’s “Jag Punjabi Jag” to Zardari regular threats to the state on Sindh card to Baluchistan’s separatism and popularity of Taliban in Pakhtoonkhwa and the killing of Pathans in Karachi, the country is coming apart. In the Pakistani style democracy, the feudal lords, Jagirdars, vaderas and rich get the best opportunity to expand their power and making money. If the democracy cannot provide security and bring about the happiness to its people, what is the purpose of a democratic dispensation that denies all the virtues of a democratic government? There are no individual rights and protection to the minorities. In the absence of utilitarian consideration of democracy, the rich get richer and the poor get poorer as the elected rich groups and their cronies make more money through corruption. Continue reading »

 Posted by at 4:47 pm
Sep 072010
 

The debate regarding the secularism is complex and divisive in a fanatical society as ours. After sixty three years, we are still engaged in the debate if Pakistan was created as a theocratic state (Islamic state) or just for the Muslim minority in the majority Hindu India. When Mr. Gandhi alluded to the brotherhood between himself and Mr. Jinnah, he countered the ploy by suggesting that Mr. Gandhi had four votes against one of mine, meaning under that set up the Hindu majority would dominate the Muslims- That was the clarity of Mr. Jinnah. We know that he was not a religious man. Most of his friends before joining the Muslim leagues were Hindu and Parsi intellectuals. The Muslims intellectuals of India were mostly orthodox. Mr. Jinnah hardly practiced the religion; and ate and drank that his heart desired; he loved dogs. After his law education, he wanted to be an actor and was hired to play a role in a prestigious theater company in Shakespearian play; he was a liberal and westernized man. Mr. Jinnah’s ideas about a secular state was not even possible due to religious mind set of his followers; most of them waited for him to die so that they could change everything that he believed in- He was truly  an enlightened and secular man. Continue reading »

 Posted by at 1:40 pm