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UNUSUAL
TIME media Working
at cross purposes Seeking
refuge in Afghanistan? Prisoner
of conscience Common
grouse
Editorial We have a long list of
them. A careful reading of world events clearly shows that we are the most The weekly propaganda 'Aiwan-e-Sadr Se' on television runs along with a ticker running on the bottom about the news of a suicide blast in Peshawar, in an Imambargah. A sectarian-motivated killing by a suicide bomber, quite unusual... Third suicide bomb attack in a week, Lahore, Karachi and now Peshawar... Free, fair and 'peaceful' polls to be held on Feb 18... National government to hold the polls, no present caretaker governments will... No news about Geo News... Remember Kamran Khan, Hamid Mir, Dr Shahid Masood, Asma Shirazi, Nusrat Javed, Kashif Abbassi, Ayaz Amir and all others... Justice Iftikhar Chaudhry, the chief judge, under house arrest... His children not going to school but they can go in the garden outside their house... Aitzaz Ahsan, Ali Ahmed Kurd, Tariq Mahmood all under house arrest... 6000 people from Kurram agency migrate to Afghanistan, says UN... And remember Akhtar Mengal, the Baloch leader, and the metal cage... Benazir would be living if she had not come out of the sun-roof... Militants storm FC fort at Srarogha... Justice Baghwandas detained at home... Unusual times indeed. Months later, the fight is still on. And, so is the media's wait for the struggle to culminate in some logical end in favour of the people By Nadeem Iqbal Since March 9, 2007, media in Pakistan has been engaged in a fierce battle against the government odds, over the issue of presenting 'undistorted' facts to the general public, informing, educating and forewarning them about the extra judicial and supra legal choices the government was going to make. Months later, the fight is
still on. And, so is the media's wait for the struggle to culminate in some The journalists have delivered on the face of the blatant government threat that keeps on changing its face -- from censoring the content under the guise of certain draconian laws to shutting down TV channels. On many occasions, these threats have translated into physical violence against media practitioners. Forcing some authoritarian code of conduct upon the journalists, giving them advice, supplanting news items containing half-truths, confiding some facts with the journalists without taking their ownership are some of the tactics being employed by the official media managers to restrict a free flow of information. However, the media has successfully developed the linkages with civil society organisations like the lawyers' bodies, right-based organisations, political parties and kept the civil society campaign for the rule of law alive. The traditional official approach of clamping down authoritarian laws upon media practitioners has resulted in pressure on the electronic media editorial rooms to observe self-censoring measures thereby creating space for the state-controlled PTV. Interestingly, Pakistan Television Corporation Limited (PTVC) is a public concern and all its shares are held by the government of Pakistan. Its board of directors and managing director are all appointed by the federal government. But instead of running on commercial and professional lines, it only serves the government. When a senior official of the PTVC was questioned by TNS about how the corporation thinks it has a mandate to highlight the government-directed issues, his response was that the 1970s' National Assembly Resolution binds the organisation to telecast only the official view. He couldn't specify the date of the Resolution. PTVC has a much bigger coverage area compared to that of all private TV channels combined. Yet it has failed to satisfy the government and the resultant brunt has had to be borne by the independent media. PTVC also enjoys a preferential treatment from the federal government as it does not fall under the Pemra (Pakistan Electronic Media Regulatory Authority) ambit and its propaganda machine is fuelled by electricity bills. Ironically, on Nov 3, 2007, the government did not even follow its own Pemra Ordinance when over 45 TV channels and two FM radio were put off air -- unceremoniously, that is. The 'not-free-media' predicament has led to a situation where the neo media has put the mandatory framing of self regulatory codes on the backburner. These codes of ethics are very much required by the nascent electronic media to improve its contents and be responsive to the public complaints and concerns. Similar is the case with other laws such as Press, Newspapers, News Agencies and Books Registration Ordinance 2002; Press Council of Pakistan Ordinance and Freedom of Information Ordinance 2002. These laws were enacted in Oct 2002 through ordinances at a time when elections to the National Assembly were held but the assembly members did not take oath. Like many other media related laws, these were enacted without undergoing the process of the application of collective public intelligence or any independent judicial review. Even after the passage of five years these laws are not accepted by the journalist bodies. Freedom of Information Ordinance succeeded in getting the NGOs' consent and its rules and regulations are all framed, but the official red tapes are creating hurdles in the people's full access to the required information. Press Council of Pakistan Ordinance also remains a bone of contention between the media and the government. Although it's a docile body that has the backing of the civil society, the journalists are opposing it thanks to the behaviour of the government. However, the council has been made functional by the government by appointing Justice Ch Ejaz Yousaf the Chairman of Press Council of Pakistan. The official notification mentioned Justice Ch Ejaz Yousaf as retired, since he was the former Chief Justice of Federal Shariat Court of Pakistan. Justice Ch Ejaz Yousaf was elevated as a judge of the Supreme Court on Nov 6, 2007, after the imposition of emergency by the then army chief General Pervez Musharraf. On Nov 11, 2007, President Musharraf appointed Justice (retd) Javed Iqbal chairman of the Press Council for three years. Justice Javed Iqbal was terminated as judge of the Supreme Court under the PCO issued on Nov 3, 2007. The Council is mandated to implement the ethical code of practice. Under the ordinance, the council is to consist of 19 members including the chairman. All along, the media bodies were not consulted on the changes being made. The government claims that the council is not functional because the journalist bodies have not nominated their members for the council. In this scenario, it is not surprising that the government's tall claims about press freedom are unconvincing. 'Article 19', an international human rights organisation that defends and promotes the freedom of expression and information all over the world, says: "Since coming into being as an independent State in 1947, Pakistan has essentially failed to sustain a constitutional democracy and has spent most of the last half-century under the military rule. Today, Pakistan is again under the military rule, with the Constitution suspended and democratic rights in abeyance. In this context, is it hardly surprising that the rights to freedom of expression and information are not respected, either in law or in practice?" ('Article 19' is contained in the Universal Declaration of Human Rights.) Reporters Without Borders, another international journalists organisation, in its worldwide press freedom index has put Pakistan in bracket with 19 other countries that boast very little freedom of press. The forthcoming elections in Pakistan have given the government a chance to set its record straight with media freedom. Pakistan Federal Union of Journalists (PFUJ), a representative body of journalists, has launched a campaign titled 'Free Media for Fair Polls', saying that without free media and independence of judiciary elections cannot be transparent, free and fair. The Information Ministry, however, does not entertain such concerns. "It is absolutely ridiculous to proclaim that Pakistan's media is not free to provide a proper coverage of the legislative elections," said a ministry spokesman. Any sane person who reads the daily newspapers with some insight will testify to the fact that the media in Pakistan is free to report news and views, sometimes even against the acknowledged norms of journalism. Many a time, rumours are published as news items contrary to the principles of journalism. There is no censorship at all, the official added, wondering if any country would allow telecasting rumours without substance.
By Asad Jamal Retired General Pervez Musharraf has said he will bow out if the next parliament decides to impeach him only to assert a day later that the next government will not be allowed to change the policy course adopted by him. He also had the audacity to assert that he did the right thing by sending the judges home and will do that again if need be. General Musharraf did not
take the extraordinary illegal steps on Nov 3, 2007 only to allow an easy Among the extra-constitutional steps taken by the Retired General after the imposition of Nov 3 martial law, the most remarkable and extraordinary feature remains the wholesale packing of a judiciary which was posing the most serious threat to the continuation of the ancien regime put in place after Oct 12, 1999. In earlier such intrusions into the civilian territory, the khakis did not have to pack up the judiciary. If the reason given for the Ayubian revolution was the collapse of administration, the wording changed slightly in 1977 as 'the breakdown of law and order'. The constitutional coups under Article 58(2) b in 1987, 1990, 1993, and 1996, with the army staying in the background, were also based on the same kind of flimsy pretexts including 'the breakdown of constitutional machinery'. The prime target was always the elected government and the parliament. The course started changing when the retired General Musharraf was 'forced' to take over after the army's pride was hurt by the actions taken by then Prime Minister Nawaz Sharif on and before Oct 12, 1999. Now the institutional pride was stated to be saved from destruction of civilian hands. A departure from the earlier tradition has been observed since then. Though the courts kept applying the ambiguous principle of "let the good of the people be the supreme law" to allow dubious 'legal basis' to the military rule, a look at the utterings emanating from the army house in past years and months will reveal that the intruding institution has gradually found it unnecessary to make the 'worsening law and order' or 'breakdown of constitutional machinery' as the main grounds of their actions. A 'conspiracy' was hatched against the Chief of Army Staff by the then prime minister who tried to hijack from the ground the plane carrying the General back to Pakistan and caused fear at large, we were told after October 1999 coup. The prime minister was therefore tried and convicted by the Anti-terrorism Court. The period following Nov 3, 2007 has only seen further degradation. This time we were told us the deposed and under detention Chief Justice of Pakistan and other judges and a few lawyers had hatched a conspiracy to derail democracy i.e. to dislodge him, therefore deserved contempt and put under restrictions. It did not matter if the constitution had to be kept in abeyance and in the course people may have had to suffer brutality. Thus the proclamation of emergency i.e. martial rule, on Nov 3 had to be redrafted to suit changing needs and following grounds, among others, had to replace the earlier ones: "Whereas some members of the judiciary are working at cross purposes with the executive and legislature in the fight against terrorism and extremism... Whereas constant interference in executive functions... has weakened the writ of the government, the police force has been completely demoralized... Whereas some judges by overstepping the limits of judicial authority have taken over the executive and legislative functions;" Never before had the judiciary figured on a martial law proclamation, let alone so prominently. The judiciary could always be managed with the help of the inside collaborators who acted on the pretext of saving the judiciary. Nine out of the thirteen grounds cited the transgression of limits by the judicial organ as the reason for taking the extra-constitutional steps. When the General's desire to stay as 'President' for another five years was challenged second time in the same year before the Supreme Court, the judiciary had become more unreliable. Many say it was only a possibility; don't forget he was allowed to contest elections during the same proceedings. The challenge had come from the legal profession and was entertained by a judiciary trying to assert its constitutional domain; and was enough to hurt the pride. Gradually, it became obvious from the proceedings of the apex court that finding collaborators had become a next-to-impossible task for those whose pride was at stake. Contrary to the Attorney General's claims the post-Nov 3 scenario proved that finding more than a handful of collaborators among the ranks of judiciary was indeed impossible, and so was finding even a handful of competent legal minds to fill in the vacancies, despite a lowering of age criteria through unconstitutional changes made to the constitution. Though, unlike Prime Minister Nawaz Sharif, the accused judges have been spared from being tried for the alleged transgression, at least for the time being, they are not allowed to enjoy certain freedoms. They remain under strict monitoring and are allowed movement only to the extent where it does not hurt 'the pride of the indispensable'. No one is allowed to meet the Chief Justice of Pakistan, Iftikhar Mohammad Chaudhry without permission. He along with several other judges has been put on notice to vacate their official residences because "they are no more judges" and "the new incumbents are facing problems in performing judicial functions due to their occupation of the official residences". As always the state knows best. None of the judges is allowed to address bar associations because "their lives are under threat". At least this is the stated reason for the informal detention of Justice Rana Bhagwandas (who retired on Dec 13 after attaining superannuation) after he told lawyers of Karachi Bar Association last week that the restoration of judiciary was a matter of weeks only. Hundreds of lawyers were booked under the Anti-terrorism law and remain under strict surveillance. Leading lights of the movement for the restoration of Chief Justice after March 9, Aitzaz Ahsan, Ali Ahmed Kurd and Tariq Mehmood, remain under formal house arrest while Muneer A Malik has been rendered inactive due to the treatment meted out to him while he was in jail after the proclamation of Nov 3. The message is clear: Don't assert your constitutional rights if you want to survive. The Chief Justice and his fellow judges remain defiant and are resisting all such attempts aimed at discouraging them. The pride of the nation will remain in abeyance for the time being, but only for the time being.
The UN authorities in Afghanistan reported that 6,000 Pakistanis had crossed over from Kurram By Rahimullah Yusufzai Despite denials by
Pakistani authorities, the Afghan government is insistent that several
thousand One could have dismissed the claim by the Afghan government as part of a propaganda campaign against Pakistan, but the subsequent statement attributed to UN officials in Kabul about the presence of Pakistani refugees in Afghanistan's border provinces of Paktia and Khost added a new dimension to the matter. The UN authorities are supposed to be neutral and one expects them to be very careful while commenting on contentious issues. Often, they are considered more credible than the parties to a dispute or conflict. Kurram Agency, mountainous and unusually green and fertile compared to the other six tribal agencies, has been intermittently suffering from sectarian strife. According to official figures, its population is 58 per cent Sunni and 42 per cent Shia and almost all of them are Pashtuns. The Shias inhabit upper parts of the Kurram Valley while the Sunnis mostly live in lower and central Kurram. The Turi tribe is all Shia while Bangash and Orakzai tribes, too, have adherents from this sect. Besides significant number of Sunnis who are Bangash and Orakzai, tribes such as Parachamkani, Mangal, Jaji, Muqbil, etc are all Sunni. The recent sectarian clashes started on Nov 16 and ended nine days later on the 24th. The fighting resumed on the night of Dec 24 and almost stopped on Dec 29. However, the ceasefire brokered by a jirga of tribal elders and clerics from outside Kurram Agency came into effect on Jan 4 when the combatants from both sides were persuaded to abandon their trenches and other positions. The truce, known in Pashto as 'Teega' in the tribal areas, was finalised on Jan 13 and is still in place. The death toll in the two rounds of fighting according to official figures was 71. Another 201 persons were injured, some disabled for life. The dead included 17 personnel of the security forces. Among them were 11 soldiers of the Pakistan Army and five from the paramilitary Frontier Corps. The wounded troops totalled 40. Unofficial casualty figures were a bit on the higher side. It is pertinent to mention that security forces have been using aggressive tactics during the recent sectarian fighting to disperse and disengage the combatants and force them to vacate their well-entrenched position. Troops now use gunship helicopters and artillery guns to attack trenches used by the combatants to fire at each other. This strategy deters fighters from the two sects and enables the soldiers to bring fighting to a halt. As usual, civilian casualties were higher than those suffered by the security forces or the combatants. Some were caught in the crossfire or specifically targetted because of their sect. Government officials in Parachinar, headquarters of Kurram Agency, said more Sunnis were killed compared to Shias. People from both communities were displaced and some were now returning to their homes and villages under protection of security forces. This leads us to the issue whether some of the displaced families crossed over to Afghanistan and sought refuge there among fellow tribes. Syed Zaheerul Islam, political agent, Kurram Agency, told TNS from Parachinar that there was no truth in reports that Pakistani tribal families had migrated to Afghanistan and sought refuge there. "These are all lies. It is possible that some Afghan Jaji tribesmen have conspired to identify themselves as Pakistanis to seek funds, donations and supplies. It could also be part of a conspiracy to malign Pakistan," he argued. He added that 220 families had moved out of Parachinar due to the fighting but none had gone over to Afghanistan. He said that 15 to 20 Sunni families living in Parachinar's Mirajan Colony had gone to the Sunni-populated Sadda town but they were now returning to their homes. "There was no fighting in areas close to the Afghan border populated by Sunni tribes such as Mangal, Muqbil and Jaji. So there was no reason for them to cross over to Afghanistan. Shia villages near border including Kharlachi and Bhurki also didn't suffer from violence and, therefore, no Shia family had any need to escape to Afghanistan," he stressed. A number of tribal elders in Kurram Agency and some commoners also rejected the reports that Pakistani tribal families had sought refuge in Afghanistan. They challenged the Afghan government to provide evidence that these people were indeed Pakistanis. However, some of them felt these could be Afghan refugees who managed to get Pakistani identity cards while living in Pakistan for years and were now showing those cards to the Afghan and UN authorities to claim that they were Pakistanis. Owing to the sectarian tension in Kurram Agency, one often hears allegations by members of the two sects against each other. The issue of tribespeople from Pakistan taking refuge in Afghanistan also assumed sectarian colour with some Sunnis alleging that these were Shia families who had crossed the border to enter Paktia and Khost to internationalise the conflict in Kurram Agency. Some Shia tribal and political activists, on the other hand, alleged that al-Qaeda and Taliban had infiltrated Kurram Agency and recruited Sunni tribesmen to create safe-havens and launch attacks in Afghanistan. Government officials rejected the allegations by both sides and insisted that those claiming to be Pakistani refugees and seeking assistance from the Afghan authorities and foreign donors were Afghans. However, reports coming out of Kabul and the border provinces of Paktia and Khost spoke about the arrival of Pakistani refugees fleeing the fighting in Kurram Agency. The Afghan government claimed up to 9,000 people had taken refuge in Afghanistan and were being provided food rations and blankets to protect them from the biting cold in the area. It claimed they were all Pakistanis and had been given refuge on humanitarian grounds. Subsequently, the UN authorities in Afghanistan reported that 6,000 Pakistanis had crossed over from Kurram Agency. A media officer with the UN, Mr Stanakzai, later contacted this scribe from Kabul to seek information whether it would be safe for these Pakistani families to return home in a month's time. He said the Afghan government had made arrangements to feed and shelter them for a month in the hope that they can go back to Pakistan after this period. Like other issues, this too generated controversy owing to the deep distrust that characterises Pak-Afghan relations. If one were to believe the government of President Hamid Karzai, Pakistan -- just like Afghanistan -- had become so dangerous that some of its citizens were now migrating to comparatively safer places. Until now, it was the other way round as up to five million Afghans took refuge in Pakistan and more than half are still living here. Pakistan has been hosting these refugees for almost three decades and some of these Afghans are unlikely to go back. For the embattled Afghan government, which needs foreign forces numbering 54,000 to rule the country and keep the resurgent Taliban at bay, the arrival of Pakistani refugees on its soil amounted to reversal of roles. But the Pakistan government has refused to accept the displaced families put up in camps in Paktia and Khost in Afghanistan as Pakistani citizens. The issue could generate further controversy when these displaced families try to enter Kurram Agency and Pakistani border guards attempt to stop them. An anti-terrorism court, headed by its newly-appointed judge Ahmed Nawaz Shaikh, is all set to resume the trial of Akhtar Mengal By Shahzada Irfan Ahmed Akhtar Mengal, former chief
minister of Balochistan and the head of Baloch Nationalist Party (BNP), Mengal has been denied basic amenities inside the prison cell and not even allowed to consult his counsel at the time of hearing. Human Rights Commission of Pakistan (HRCP) office-bearers Asma Jehangir and Syed Iqbal Haider disclosed to the media that at the time of court hearing, Mengal was made to sit inside a metal cage. This cage, according to them, is formed by raising metal bars from the ground to the ceiling with a gate at the rear meant to allow Mengal's entry. The history of Mengal's ordeal can be traced back to April 5, 2006, when he was taking his son to school in Karachi. On his way he observed people on two motorcycles following his car. On suspicion his guards took them into custody, reportedly with an intention to hand them over to police. Later, they turned out to be undercover spies of security agencies leading to the registration of criminal cases against the abductors. Though his guards were arrested, Mengal remained free till Nov 28, 2006. That very day, the Balochistan police arrested him along with some senior members of his party and took them to Lasi farm house in Hub town. The farm house was declared a sub-jail. He was kept there till Dec 26, 2006, when his arrest was made public. It is said that Mengal and other BNP activists were arrested to prevent them from holding a peaceful long march against the military operation in Balochistan, illegal arrests, disappearances of nationalists and so on. In fact, the 'abduction' incident was used to implicate him in a terrorism case and in a way teach him a lesson. President Musharraf had once said: "There are two or three tribal chiefs and feudal lords behind what is going on in Balochistan. The past governments have made deals with them and indulged them. My government is determined to establish its writ. It will be a fight to the finish." The update on the issue is that Mengal's trial has resumed by an anti-terrorism court headed by its newly-appointed judge Ahmed Nawaz Shaikh who will indict the accused on Jan 26, 2007. The case had not been heard since Nov 2007, as the court fell vacant after the transfer of Judge Saghir Hussain Zaidi. They may not enjoy a social or political clout, they may not attract banner headlines in newspaper features, but these are the people who count and are counted, especially at the polls -- each and every one of them. Hence, their opinion -- even if simple and direct, ingenuous or half-baked -- carries a lot of weight. Over to the man on the street... "Mon khey te samaj mann natho achey he cha piyo then manon hik dam bhajan tha! (I don't know what's happening and as to why are the people running away without knowing what happened) -- Imran Memon, 27, paan seller, Hyderabad "Bamoona der di khu ura nishta! (there are bombs everywhere but no flour anywhere). You know, people are now developing contacts with the storekeepers of Utility Stores and the gatekeepers of flour mills. What does it show?" -- Khyber Khan, 57, farmer, Peshawar "All this is the result of our own doings. As they say, a nation's acts and deeds justify the kind of rulers that are imposed on it." -- Adeel, 29, salesman in medicine shop, Lahore "My tea stall gets very few visitors now. The streets regularly become deserted quite early in the evening. My family's concern is obviously how to make both ends meet." -- Mohammed Yaseen, 28, tea stall owner, Husainabad "I don't know if we'll ever see a people-friendly government in power. However, I am sure that it will not be possible through elections. Therefore, I am not going to cast a vote." -- Yasir Khubab, 23, a computer graduate, Islamabad "These days, you get to see images of dead and injured on TV almost every day. In a way, banda bay hiss ho jaanda ae!" (It makes you insensitive) -- Akram, 28, rickshaw driver, Lahore "Maloom naistai key hukmeran mulkara tanda buraghain! (I don't know which direction the rulers are taking the country or where it's heading). If every one of us started performing their duties honestly, we would have become a strong nation." -- Akram Baloch, 35, blacksmith, Quetta "There's a sense of fear in the air. I've been strongly advised not to drive to southern districts." -- Javed Khan, 26, driver at rent-a-car, Peshawar "I pray that there is peace around, so that I can carry on with my business without any problem. You know, even the smallest of rumour sends common people packing!" -- Saeed Ahmed Qureshi, 45, street vendor, Kacha Qila, Hyderabad "The government people are always talking about development in the country. I'd like to ask them -- Khalid Mahmood, 21, grocery store owner, Ring Rd Chowk, Peshawar "For the security and safety of their people, the American government first attacked Afghanistan, then Iraq and now they are out to kill innocent people in Waziristan. Is our government paying any heed?" -- Tayyab Baloch, 39, shop keeper, Quetta I don't trust any future government to easily clean up the mess!" "We are going backwards with each passing day. -- Nargis Sheikh, 30+, school teacher, Latifabad, Hyderabad "In the past few days, the price of a candle has shot up from Rs5 to 10. The situation with flour, you know, already. I guess these are the worst times we are facing." -- Khursheed Ahmad, 37, barber, Peshawar Cantt "We Muslims must face up to all hardships and troubled times while sticking to the teachings of Islam. Herein alone lies our salvation." -- Habibullah, 36, collects scrap and sells it to mills, Peshawar "Agencies are responsible for whatever is happening to us. They must stop now, otherwise... God knows what..." -- Waqar Ahmad, 21, works at LPG gas station, Peshawar "Not a single day goes by when we don't have an incident of a bomb blast or firing. Unfortunately, the otherwise serene Islamabad, Rawalpindi and Lahore, too, aren't safe any more. I don't know where are we headed." -- Ahmed Khalid, 41, taxi driver, Karachi (North) Imagine those who saw it in reality!" "Just when we thought things had calmed down, we saw the Landhi bomb blast. We watched the news story on TV. I remember I was very upset. -- Lubna Hafeez, 32, housewife, Karachi "They killed their most popular leader, so they can kill any one." -- Shankar Chauhan, 25, sweeper, Saddar (Karachi) "... I remember that this kind of panic was earlier created by the infamous Hathoda Group." -- Malik Mohammad Sultan, 58, paan shop owner, Lahore Cantt Contributed by Javed Aziz Khan (Peshawar), Xari Jalil (Karachi), Nadeem Iqbal (Islamabad), Ejaz Khan (Quetta), Adeel Pathan (Hyderabad) and Usman Ghafoor (Lahore)
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unusual country on the face of this earth these days.
logical end in favour of the people.
reversal to status-quo ante. Events of past few months, Benazir Bhutto's
assassination being the most tragic of them all, have thrown this country
back in time by decades. It is not known how long it will take to repair the
damage done to the body politic of Pakistan. What is clear is that it will be
a long haul. A brief recap of extraordinary events will help to understand
what the future may hold for the nation.
Pakistanis crossed over to Afghanistan last month from the troubled Kurram
Agency to escape violence triggered by sectarian riots.
is a popular political leader paying the price for raising his voice for the
rights of his people. It has been around 13 months since he was arrested and
kept in an isolated cell in Karachi prisonhouse. But so far he has not been
formally indicted by the anti-terrorism court hearing his case.