Tuesday, April 9, 2019

Why Bhutto is Alive: Political Engineering of SC and HC bench and decisions

بھٹو کیوں ذندہ ہے
Why Bhutto is alive? Bhutto is alive because political engineering that leads to (1) removal of PMs, (2) violation of constitution and law, and (3) manipulation of judicial benches is alive and kicking in Pakistan as it happened with ZAB during 1977-99 leading to the execution of Bhutto on 4th April 1979, 40 years ago. DoN (Doctrine of Necessity) dictators in cahoot with weak and spineless judges continue to play the charade since 1950s to usurp power and to serve their vested interests through politically engineered premature terminations of 16 civilian prime ministers, which also includes the judicial murder of ZAB  (Zulfiqar Ali Bhutto).

DoN (Doctrine of Necessity) godfather Dictator Gen Zia usurps power on July 5,1977: He proclaims martial law, violates and shreds the constitution, imprisons ZAB using doctrine of necessity, and makes a travesty of law and justice. He then appeases the judges by appointing the provincial chief justices as ceremonial governors of their provinces. He then starts to mutilate constitution by adding and removing clauses at will. Using such alterations he removes two clauses of the constitution that enable him to remove CJP. He then replaces him with Justice Anwarul Haq who harbored a grudge against Bhutto because he had superseded him with Justice Yaqub when he was elevated as CJP. He then installs Molvi Mushtaq as Chief Justice Lahore High Court. Interestingly enough he too harbored a grudge against Bhutto. General Zia then goes on to politically engineer Lahore High Court bench and Supreme Court bench with judges of his choice. In doing so he excludes independent minded judges from the benches. He removes the judges who he feared were moving towards an independent view as ascertained from their remarks. The SC bench of 9 hearing Bhutto's case is then artificially reduced to 7 judges. ZAB is hanged by a 4-3 decision with 4 judges from Punjab in favor of hanging against 3 judges from minority provinces who were not in favor. The agreed upon judgment drafted by judges was changed, records tampered, witnesses statements and evidence were altered, ignored,... .
A fit case to be labeled as judicial murder with a notorious judgment that no one has cited since or has ever been used as a precedent in any court of law...
[Source: See Hamid Khan's "A History of the Judiciary in Pakistan", OUP, 2016 for details of each of these points.]

This is the story of mutilation of constitution and political engineering of supreme court benches which has been repeated each time people's rights were trampled in the removal of their  representatives. Each such removal has simply served the neocolonialism interests, and has plunged Pakistan from one emergency to another and has keept Pakistan perpetually in the emergency of an ICU. It has effectively terminated and neutered anyone who has worked for people, fought for their rights, worked for economy and/or nuclear program. ZAB is a symbol, metaphor and a classic case of how this political engineering happens in Pakistan, and has been sustained starting from 1951 termination of Liaquat Ali Khan till the latest termination of Nawaz Sharif in August 2017.

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