Press Note (2 April 2013)

APL seeks CJ intervention on Musharraf’s candidacy, Barrister Amjad Malik, Chair APL

LONDON, April 2, 2013 - The Association of Pakistani Lawyers (APL), a team of Pakistani origin lawyers, Solicitors, Barristers, and Judges in UK has in an emergency session noted with great concerns the issue of General Pervez Musharraf’s bid to stand for Election for the membership of the Parliament the house whose sanctity he mutilated twice on 12 October 1999 and 3 November 2007.

APL opposed his candidature on account of his blatant disregard to the rule of law and basic tenants of the constitution 1973 (Art.6) because of his actions (verbal & physical), and his overall character and conduct showing disrespect to the parliament, freedom of judiciary and judges decrees and his pro militancy tendencies based on his breaches of any lawful oath he took in the past of any office.

APL has sent a petition to the Chief Justice of the Supreme Court requesting an urgent action under Article 184(3) of the said Constitution to stop him filing for any public office and require him to appear before Apex court which he disobeyed on 3/11/2007 by imposing a mini martial law (emergency).  APL has asked SC to take notice and stop the election candidacy of the retired General Perez Musharraf under Article 62 & 63 of the constitution of Pakistan 1973 on the grounds of  violating the order of the 3 November 2007 (larger bench if SC) forbidding him to take any unconstitutional measure to tame the judiciary and topple the elected dispensation. APL has requested that a show cause may be issued asking him to attend court and plead his defence or face the law of the land and the courts for violating the constitution and court order under article 204 of the constitution of Pakistan 1973, and that he has been already declared a usurper by the said court by a judgement dated 31 July 2009.

APL observed that, “ We feel that the above reasons prima facie disqualifies him from the candidature of the National Assembly as he blatantly disregards the rule of law and respect for parliamentary form of govt and free judiciary it's orders and basic tenants of the constitution, free media and military free governance”.

How a declared ‘usurper’ be a member of parliament the principle he defies blatantly when he has a track record of breaching his oath whenever he takes to protect and preserve the constitution of Pakistan 1973, and who will guarantee his future conduct, questioned Barrister Amjad Malik to the Apex court,

End:-

For links:

Barrister Amjad Malik

Chair APL

Tel: 00 44 7770983308

Email: amjadlaw@hotmail.com

2/04/2013   

OPEN LETTER TO LORD CHIEF JUSTICE

APPLICATION FOR SUO MOTO REQUENT TO CHIEF JUSTICE OF PAKISTAN

01 April 2013

Private and strictly confidential and for the addressee only

Lord Justice Iftikhar Mohammed Chaudhary

Lord Chief Justice of the Supreme Court of Pakistan

Constitution Avenue, Islamabad

Supreme Court of Pakistan

Islamabad, Pakistan

Section Lines # 9220581-9220600

Fax # 9213452 Email: cjp@supremecourt.gov.pk,

Honourable Lord Chief Justice Iftikhar Mohammed Chaudhary, Chief Justice of Pakistan,   

Re: Request for intervention on the candidacy of General Pervez Musharraf

We at the Association of Pakistani Lawyers (APL) along with fellow Barristers, Solicitors and judges of the Supreme Court of England and Wales as well as ex pat members of APL refer to above and we have taken a reference of the above and herewith enclose a request for your kind intervention through ‘human Rights Cell’ and or ‘Suo Moto’ in public interest under Art 184 powers to complete justice.

The issue is of general public importance and involve the supremacy of constitution, and democracy and democratic rights of 200 millions of Pakistan.

FACTS:-

Forthwith follow the facts of the present position:-

Association of Pakistani lawyers (UK) a body consisting of Pakistani origin lawyers, Barristers, Judges & jurists have a cause to write to you on the issue of General Pervez Musharraf & his candidature for National Assembly of Pakistan. We oppose his candidature on account of the blatant disregard to the rule of law and basic tenants of the constitution 1973 (Art.6) because of his actions (verbal & physical), and his overall character and conduct showing disrespect to the parliament, basic tenants of the constitution 1973, freedom of judiciary and judges decrees and his pro militancy tendencies based on his breaches of any lawful oath he took in the past of any office.

1999 October - General Pervez Musharraf seizes power in coup.

2000 April - Nawaz Sharif sentenced to life imprisonment on hijacking and terrorism charges over his alleged actions to prevent the 1999 coup.

2000 December - Nawaz Sharif goes into exile in Saudi Arabia after being pardoned by military authorities.

2001 June - Gen Pervez Musharraf names himself president while remaining head of the army.

2001 September - Musharraf swings in behind the US in its fight against terrorism and supports attacks on Afghanistan. US lifts some sanctions imposed after Pakistan's nuclear tests in 1998.

2002 April - President Musharraf wins another five years in office in a referendum criticised as unconstitutional and flawed.

2002 August - President Musharraf grants himself sweeping new powers, including the right to dismiss an elected parliament.

2007 March - President Musharraf suspends Chief Justice Iftikhar Mohammed Chaudhary, triggering a wave of protests across the country.

2007 July - Security forces storm the militant-occupied Red Mosque complex in Islamabad following a week-long siege.

2007 October - Ex-prime minister Benazir Bhutto returns from exile. Dozens of people die in a suicide bomb targeting her homecoming parade in Karachi.

2007 October-November - Musharraf wins presidential election but is challenged by Supreme Court. He declares emergency rule, dismisses Chief Justice Chaudhry and appoints new Supreme Court, which confirms his re-election.

2007 November - Former PM Nawaz Sharif returns from exile.

2007 December - State of emergency lifted. Benazir Bhutto assassinated at political rally at election campaign rally in Rawalpindi.

2008 February-March - Pakistan People's Party (PPP) nominee Yusuf Raza Gilani becomes PM at head of coalition with Nawaz Sharif's Muslim League party following parliamentary elections in February.

2008 August - President Musharraf resigns after the two main governing parties agree to launch impeachment proceedings against him. Musharraf leaves for UAE & UK for self imposed exile.

2008 September - MPs elect Pakistan People's Party's (PPP) Asif Ali Zardari - the widower of assassinated former PM Benazir Bhutto - president.

2009 July 2009- SC declares the emergency dated 3/11/2007 unlawful.

2013 March - Former military ruler Pervez Musharraf returns from self-imposed exile in the United Kingdom to contest the May general election

ISSUE

1.General Musharraf has no love & respect for democracy and true parliamentary form of govt as enshrined the constitution of Pakistan 1973. He ousted elected parliament on the eve of 12 October  1999 and detained then prime minister Miami Muhammad Nawaz Sharif with his aides and MOP colleagues and for nearly a decade ruled the country at will as a military dictator. He not only breached his oath of loyalty to state and its constitution but further blatantly disregarded any moral aptitude when filed or his candidacy as a president in violation of the constitution of Pakistan 1973 and his service rules which forbid an army chief to stand for a public office whilst in uniform. He ridiculed trial judges and stood election, held it under self directions and got elected under the shadow of his 3 November 2007 emergency. We submit that his unconstitutional attitude is unethical, immoral, unlawful and ultra vires with mala fide substance visible on the outset thus disqualifying him from his election to sacred chamber.

2. He has no respect for rule of rule & independent judiciary. On the unfortunate day of 9 March 2007 he tried to subdue the then and current Chief Justice of Pakistan lord justice Iftikhar Mohammad Chaudhary and upon his refusal he detained him with his family and younger children along with other judges who refused to bow down. (A FIR is pending lodged by a SC advocate Ch Mohammad Aslam Ghumman before Islamabad police for investigation & prosecution a case against the dictator to detain the Apex court judges) He filed a reference against then chief justice and compromised the independence of judiciary, the same was quashed by LJ Ramdey on 20 July 2007 in a full court reference filed by many applicants including APL via its chair ( Barrister Amjad Malik) Under ref Const petition ref of 15 SC 2007. Gen Musharraf further installed an acting Chief Justice in the presence of a fit and well Chief Justice of Pakistan which shows his disrespect for the high office of the supreme adjudicator.

3. He did not from his heart respected the judgement of the Apex court and created havoc contemptuously in the country on 3 November 2007 emergency when an injunctive order was issued by a bench of the Apex court. He installed justice A H Dogar LJ when most of the judges refused to take oath under his Provisional Constitutional order 207 no.2. He again detained the Chief Justice and under the case of taka Iqbal Mohammad khan (PLD 2008 SC 178) tried to regularise his emergency and mini coup of 3 November 2007. Same was not sanctified by parliament and Apex Court in a larger bench declared that emergency unconstitutional and ultra vires and Musharraf's action was declared a treasonable offence on 31 July 2009 (Sindh high court Bar Association vs Federation (PLD 2009 SC 879)

3. During his unconstitutional tenure Pakistan’s foreign policy was mortgaged to foreign powers and two major political figures were eliminated from the scene. Former government and chief minister right honourable Akbar Bugti was killed ultra constitutionally whose murder case is registered and pending against Gen Musharraf who is co-accused with others. Benazir Bhutto's murder still awaits just and equitable disposal as international level leader is eliminated under his leadership and no one moved an inch. Damadola missiles, drones, missing persons 12 May massacre and Lal masjid (Red Mosque) operation case is yet to be mentioned and all requires in depth & a detailed enquiry to ascertain his role in all those disasters.

4.To our further anxiety general Musharraf further incited and promoted the concept of an army coup in recent days by issuing verbal statements and interviews supporting military intervention.

In particular a reference is herewith made of his interview published by Pakistan today on 16 December 2010 titling’

Army could intervene if country continues to decline: Musharraf'

Monitoring Desk published the piece on

Thursday, 16 Dec 2010 3:44 am which reads as follows,

"LAHORE: Former president Pervez Musharraf has warned that the army might have to intervene again in politics, if the country continues to decline.

Speaking exclusively to Sky News from his new home in the UAE, Musharraf said "Pakistan may be forced to take matters into their own hands - which could include working with the Taliban - if it continues to feel alienated by the rest of the world". "There is no bar against me going back to Pakistan. But the conditions have to be right," he told Sky News.

Musharraf said the country was in a terrible state - with its economy in crisis, high unemployment, mass discontent and terrorists on its soil. Musharraf said the army might still have to play a role in determining the future leadership.

"You have to remember, in Pakistan, the armed forces play a very big and important role," he said. "It is strong and well-administered and wherever there is turmoil, the people run to the army. I have always been of the opinion the army should have a role in the constitution, so it can voice its opinion and influence what happens in the country. The whole world thinks that is politicising the army. It isn't."But he added that the army chief always had the quandary of upholding national security, ensuring the survival of the state, as well as balancing that against upholding democracy. "This is the question that arises. And the army is in between. The army is the saviour. The army can save the state. It cannot save democracy."

Link:http://www.pakistantoday.com.pk/2010/12/16/news/national/army-could-intervene-if-country-continues-to-decline-musharraf/"

(See reports as under as enclosures).

5.We feel that the above reasons prima facie disqualifies him from the candidature of the National Assembly as he blatantly disregards the rule of law and respect for parliamentary form of govt and free judiciary it's orders and basic tenants of the constitution, free media and military free governance.

GROUNDS:-

1. That if such a behaviour is tolerated further without implementing the said order of the Court as outlined in 31 July 2009 judgement the Islamic Republic of Pakistan will suffer in terms of moral and constitutional authority;
2. That the implementation of the order will work to promote good governance, respect for rule of law & justice, and will remove the hurdles in the way of fundamental rights of the approximately 200 million Pakistanis including 8 million overseas Diaspora that have been granted to them under the Constitution of the Islamic Republic of Pakistan 1973 (Art.25) that all are equal in the eyes of law, so when those who are blue eyed get ‘preferential treatment’ and those who are less advantageous get and pay fines are treated discriminatorily without due process of law; and That they cannot be deprived of their fundamental rights exclusively for the reason of their ‘being less privileged’ in violation of Article 25 of the 1973 Constitution.
3. That the defiance of 31 July 2009 order works directly to weaken the democracy, rule of law and justice and constitutionalism drive emanated from the 9 March 2007 struggle in Pakistan;
4. That it will be discouraging than encouraging the Pakistanis to respect the court orders; rule of law, constitutionalism and judiciary. That it will be arbitrary to reduce the status of Pakistanis (2 classes) between elite & poorer when it comes to implementation of the court orders ;
5. That this matter must be made an exemplary like china so that after usurping power no one in Pakistan could run away with impunity.
6. Furthermore, the requested proceedings will aid to reaffirm the oath of the top army brass and will avoid violation of such oath in future;
7. Once a principle is established no army personnel will dare to breach the basic tenants of the constitution of 1973 and will abide by the law prevalent in the state of Pakistan.
8. Justice must be seen to be done;

ACTION REQUIRED

Wherefore, the Petitioner respectfully prays that leave to move the Supreme Court in the interests of the public may graciously be granted under Article 184;

• APL requests the SC for an action under Article 184(3) of the said Constitution to stop him filing for any public office and require him to appear before Apex court which he disobeyed on 3/11/2007 by imposing a martial law (emergency):-
• APL a lawyer association in the United Kingdom through its Chair would like the SC to take notice and stop the election candidacy of the retired General Perez Musharraf under Article 62 & 63 of the constitution of Pakistan 1973 on the following grounds:-
• In these circumstances we urge the Apex court and in particular Chief Justice of Pakistan to take notice of such violation under its inherited power under Article 184(3) of the Const.1973 and take such measures to stop his election, and the office of the CJ is further requested to issue a contempt notice to the retired general Perez Musharraf for violating the order of the 3 November 2007 (larger bench if SC) forbidding him to take any unconstitutional measure to tame the judiciary and topple the elected dispensation and such show cause may be issued asking him to attend court and plead his defence or face the law of the land and the courts for violating the constitution and court order under article 204 of the constitution of Pakistan 1973.
• I am sure the Federal govt separately must be considering as per court order dated 31 July 2009 to file a directed prosecution by appointing a designated officer of the federal govt against General Musharraf for violating the constitution under article 6 of the constitution of Pakistan 1973 and the High Treason Act. Only this measure ensures that justice as declared in the 31 July 2009 judgement is also seen to be done.
• It is prayed that any other relief which this Honourable Court deems fit and appropriate in the circumstances of this case may kindly be granted.

We thank you for your time and if required we will be happy to assist the Apex court further to plead our intervention request if needed, otherwise we are sure many lawyers in Pakistan will be willing to assist the Apex court as amicus curie to consider action against Gen. Pervez Musharraf.

We look forward to hearing from Supreme Court’s Human Right Cell with a statement which has become a public demand a surety of indiscriminate ‘justice’.

Yours faithfully,

Barrister Amjad Malik, MA LLM

Life member SCBA (Pakistan)

Member international Bar Association

(Country representative UK at young lawyers Committee IBA)

Chair

Association of Pakistani Lawyers

(United Kingdom)

Encl:

Copy petition & Enclosures

C.C

Chief Election Commissioner

Islamabad

P A K I S T A N

ENCLSOURES:-

NO.1- 2013

Musharraf return to Pakistan

Guardian report

http://m.guardian.co.uk/world/2013/mar/24/pakistan-musharraf-taliban-threats

NO.2- 2013

APL supports the top judiciary in Pakistan

http://www.makepakistanbetter.com/why_how_what_forum.aspx?GroupID=22&ArticleID=20610

NO.3 -2010

Army may intervene - Gen Musharraf

Sky news link:

http://news.sky.com/story/825110/army-may-intervene-over-pakistans-decline

NO.4 News carried by Pakistan today without retraction NO.4

Pakistan today link dated 16 Dec 2010

http://www.pakistantoday.com.pk/2010/12/16/news/national/army-could-intervene-if-country-continues-to-decline-musharraf/

NO.5 Advocate files for arrest of General Musharraf

Link to Dawn News:

http://dawn.com/2013/01/22/perpetual-warrants-for-musharrafs-arrest-sought/

NO.6 -Court

http://articles.timesofindia.indiatimes.com/2009-07-22/pakistan/28170248_1_11-member-bench-provisional-constitutional-order-judges

NO.7 Emergency unlawful SC 31 July 2009

Link to BBC report

http://news.bbc.co.uk/1/hi/world/south_asia/8178969.stm

NO.8 – Gen Musharraf declares state of emergency 3 Nov 207

Aljazeera report

Link:

http://pakistanpolicy.com/2007/11/03/musharraf-declares-state-of-emergency/

NO.9 -Emergency imposed in Pakistan (Aljazeera net report)

http://www.uruknet.info/?p=37833

http://english.aljazeera.net/NR/exeres/8D370CD6-A376-4EB6-A829-DFC8E037CB16.htm

NO.10 - Congress on state of emergency
http://www.loc.gov/law/help/pakistan-emergency.php



NO.11- Barrister Amjad Malik on emergency of 3 Nov 2007 (TV report)

Part 1

http://radaris.com/ng/public/video?url=www.youtube.com%2Fwatch%3Fv%3DL2ukPS_XrLQ%26feature%3Dyoutube_gdata&f=Emer&l=Malik&title=MAlik+comments+on+emergency+imposed+in+Pakistan+-+1

Part 2

http://radaris.com/ng/public/video?url=www.youtube.com%2Fwatch%3Fv%3DVgNvY6DZ1jA%26feature%3Dyoutube_gdata&f=Emer&l=Malik&title=Amjad+MAlik+comments+on+emergency+imposed+in+Pakistan+-+2

NO.12 - Pakistan timeline

Link BBC report

http://m.bbc.co.uk/news/world-south-asia-12966786