Wednesday, April 30, 2008

Walk in Karachi for Judiciary - 6 pm, 30th April at Dalton Market DHA

Peoples Resistance shall hold a demonstration for restoration of judiciary on Wednesday April 30, 2008, at 6 pm at Dalton Market DHA, (in front of Rahat milk shop). Participants will walk down to the Legal Chief Justice of SHC, Mr. Sabihuddin Ahmed’s house for a 30 minute protest.

PR expresses its disappointment that this important issue has not been addressed as promised and would like to reiterate the demand for urgent and unconditional restoration of judiciary. April 30th is the last day of 30-day period committed by two major political parties in Bhurban Declaration for the resolution of this issue.

All concerned citizens /groups are requested to join and show solidarity for the cause of restoration of original judges.

People’s Resistance is a coalition of students, teachers, NGOs, journalists and citizens concerned with restoration of judiciary, freedom of media and restoration of constitution.

Bring banners, placards, flags, T-shirts and your friends!
In a rare quirk of fate if the judiciary is restored on that day, we will mark it as a celebration!

All those in Karachi are requested to join. Please inform all your friends in Karachi.

[Courtesy www.teeth.com.pk]

Tuesday, April 29, 2008

PPP, PML-N talks fail over judges' restoration

ISLAMABAD ( 2008-04-29 14:25:47 ) : Talks between the two major ruling coalition partners on Tuesday failed to break the impasse over the restoration of judges.

Co-chairman, Pakistan Peoples Party (PPP) Asif Ali Zardari's and president Pakistan Muslim League Nawaz (PML-N) Shahbaz Sharif held talks at Zardari's residence in Dubai but could not come to any conclusion on the issue.

PML-N members have avoided media to tell the detail of talks.

On Monday the two sides had a marathon session spread over several hours before they left the talks inconclusive prior to the dinner.

The deadlock was reportedly on linkage of the resolution for judges' restoration with the constitutional package for the judiciary, and the PPP was not ready to take the two, separately.

On the other hand, the PML-N also refused to get the two - resolution and constitutional package - linked and made it clear to the PPP that the resolution and the constitutional package were two separate things and both must be treated separately.

Further, there was a deadlock on the constitutional package too, as the PML-N was opposed to slashing down the tenure of the judges and simply wanted the restoration of the superior courts judges to pre-November 3 position. But PPP wanted to get the resolution linked with the constitutional package and insisted that the two should be tabled simultaneously in the Lower House of Parliament.

The proposals formulated by the seven-member committee from two sides to hammer out differences on the issue, were discussed between Asif Zardari and Shahbaz Sharif. But, having failed to break the ice, the two sides left the negotiating table empty handed, said sources privy to the talks.

[Courtesy AAJ TV]

Wednesday, April 23, 2008

Judges issue won't break Pakistan coalition says Sharif - By Kamran Haider

ISLAMABAD (Reuters) - Leaders of Pakistan's ruling coalition vowed on Tuesday to honor a commitment to reinstate judges dismissed by President Pervez Musharraf and said any differences over the issue would not break their alliance.

"The desire of those who think this coalition should break up will go unfulfilled," former Prime Minister Nawaz Sharif said as he stood alongside Pakistan People's Party leader Asif Ali Zardari at a joint news conference in Islamabad.

Neither Sharif or Zardari, the widower of assassinated former Prime Minister Benazir Bhutto, hold any government office, but they lead the two largest parties in a coalition that took power in March.

They formed a post-election alliance after defeating Musharraf's political allies in a February 18 vote.

Zardari, whose PPP leads the government, signed an accord with Sharif last month committing to the reinstatement of around 60 judges dismissed by Musharraf after imposing emergency rule in November.

Restored judges could revive challenges to Musharraf's re-election by the last parliament while still army chief.

Having removed Musharraf's parliamentary support they now aim to amend the constitution to strip him of presidential powers to dismiss...complete story @ reuters.com

Parliamentary sovereignty… a fine notion - Ayaz Amir

And so far in this blessed country, where form has always reigned over substance, parliamentary sovereignty is just that: a fine notion, to be spoken of in thundering terms. That's about it. In actual practice it is rather a threadbare notion. You would expect the members of this 'sovereign' National Assembly to be well-informed about the nation's affairs. They are certainly not better informed than newsmen.

Ask most of the members and perhaps most of them wouldn't have a clue about what's really cooking over the judges' issue. They get their information from the newspapers and newspapers too, such being the standards of reporting, can be dodgy, the headlines suggesting one thing while deep in the story would lie buried something completely different.

Take the recent meeting between Asif Zardari and Nawaz Sharif in Islamabad to discuss the restoration of the deposed judges. The headlines said unambiguously that they were in complete agreement and that they had reiterated their commitment to the Bhurban declaration or accord. But the later paragraphs of the same story suggested that no agreement had been struck on the actual mechanics of getting the legitimate Supreme Court, and high courts, back.

Every time I now hear about another reiteration of commitment to the Bhurban accord I feel like wiping my nose, or reaching for my gun. Why is the National Assembly, attired in the robes of its yet-to-be-proven sovereignty, being so foolish? Restoring the rightful Supreme Court is not a matter of partisan politics, although this is what many in the PPP seem convinced of, that the judges' issue deep down is a conspiracy between the PML-N and My Lord Chaudhry.

We are familiar with silly things but this takes the cake. No, it is not a partisan issue. It concerns all of us and, on the pragmatic plane, it concerns the National Assembly most of all because the sovereignty of the National Assembly will remain a pipedream unless buttressed by an independent and powerful judiciary.

There was a time, lasting for much of our history, when there was a compact between generals and judges and together they made a fine thing of our democracy. Today we have a chance to build something new: a compact between the judiciary and parliament.

This will not open the floodgates of prosperity. Let's not kid ourselves on that score. But it will be good for democracy and that is something worth striving for because with all its shortcomings democracy is a whole lot better than the rotten military dictatorships we have endured.

If the political leadership doesn't get this, if it doesn't grasp the importance of an independent judiciary, then God help us. The stories we are getting to read about committees to examine the judges' issue, the seniority of Justice Falak Sher over the seniority of My Lord Chaudhry, are getting a bit too much because even if most of these stories amount to kite-flying, they at least suggest that there are worthies uneasy at the prospect of seeing Justice Chaudhry back in the Supreme Court.

The word conspiracy is much in vogue these days. Anything happens and it is put down to a conspiracy. But on the judges' issue if there is any conspiracy to see the last of Justice Chaudhry and ensure that he doesn't stay long in the Supreme Court it is arising not from the walls behind which the once-powerful generalissimo, President Pervez Musharraf, lies besieged but from the redoubts of democracy. Ironic but grimly true. Justice Chaudhry and his brother judges may be popular with the masses. Alas, they are not so popular with the political class or with the political leadership.

For obvious reasons I am drawing no distinction between the PPP and the PML-N but when I say the political leadership I think my meaning is pretty clear.

In an email from distant Singapore Dr Noeen Arshad makes a rather telling point: "I have…noted that even since Feb 18 elections, there is directly or indirectly a mention of Musharraf in your articles. Agreed he was bad for the country. But do we have to keep on talking about him all the time? I am sure you will agree that even if one talks in negative of another it means that the person is on one's mind. Let's get him off our minds, let's not talk about him…I just hope that we have learnt from our mistakes and I would not like to read about the present government in future like we read about Musharraf today!!"

Touche! Musharraf did what he did and he is paying the price of his many failures. But now the reins of power are in different hands. How long do we propose living in the past? We should now be asking ourselves what Bastille walls have we pulled down, what bright morn are we ushering in?

The judges' issue may be taking forever but how quick the new interior boss, Herr Rehman Malik, has been with a measure which, had it been proposed during the Musharraf era, would have triggered a national uproar. As you must have read in the papers, anyone wanting to hold a public meeting or take out a rally would have to seek permission three days in advance. Provincial governments, we are informed, have also been asked to select a 'people's corner' in every tehsil and district headquarters where public meetings will be held on a 'first come first serve' basis.

You might have thought that such a sweeping measure, which amounts to restricting political activity, would have been debated in the sovereign National Assembly. But the sovereign National Assembly heard about it on the evening news or read about it in next morning's newspapers.

As I say, had anything like it been mooted before Feb 18 all hell would have broken loose, column writers and TV anchors going blue in the face denouncing another draconian (another word we have fallen in love with) measure. But since we have stepped into another era of democracy our reaction, I guess, will be more restrained.

Anyway, does the permission clause mean that if another Bushra with her two minor kids, driven to despair by poverty, lies down in the path of an incoming train in order to put an end to her miserable life, and if, on account of this, the people of her locality, also children of despair, are roused to fury, they would first have to put in a request to their local police station before taking out a rally? Or would they be expected to travel to their 'People's Corner' at tehsil headquarters, there to deliver angry speeches?

One Abdul Basit died the other day in Lahore because of police torture. This happened in the Baghbanpura police station. Incensed, as they had every right to be, the people of the locality came out to protest. They beat two policemen in plainclothes and burnt their motorcycle. What else could they do? On what or whom else could they have vented their anger? But under the new Herr Rehman decree people like the incensed citizens of Baghbanpura would have to give three day's prior notice before taking out a procession.

I think no provincial government, except perhaps the good government of Syed Qaim Ali Shah in Sindh, will be silly enough to go along with this exercise in creative fancy. Be that as it may, it surely deserves some kind of a prize for unintended comedy.

I think the most momentous event in the country since Feb 18 has been the suicide of Bushra and her two minor kids because it tells us of what we truly are and what we pretend or profess to be. I am sure it will shake none of us out of our complacency. But such things are taken note of in the skies above. Such are the events that drive the avenging angels to fury.

The prime minister went to Bushra's house, or the hovel that passes for her parent's house, bearing a gift of two lakh rupees. At least he went there which is more than can be said of those who occupied high office during the past eight years when suicides as a result of poverty became a pretty frequent affair.

But I liked what Bushra's father said before the television cameras: to how many people will you go giving one or two lakh rupees? The more important thing is to do something about inflation. A professor of economics could not have put it more succinctly. There was pain on his face as he said this but, surprisingly, not much bitterness in his tone.

I am reading a life of the young Stalin. Stalin too grew up in poverty. The question to ask is why the conditions of life in Tsarist Russia produced a Stalin, and so many others like him, and why with us, poverty and oppression give rise only to acceptance and resignation…and endless visits to mazars and khanqahs, of which we have more than any other country in the world.

[Courtesy THE NEWS]

Judges must be restored - By Dr Rubina Saigol

THE post-election public euphoria, and bonhomie among political parties, seems to have given way to a sense of foreboding and a feeling of dismay.

The news from various quarters in recent days is disturbing and reinforces the fear that palace intrigues, combined with pressure from powerful countries, may have finally managed to ‘soften the target’ to use a favourite military euphemism for bombing and killing. The vocabulary of some of the political actors seems to have dangerously metamorphosed following the visits of John Negroponte and Richard Boucher.

First, the defence minister reportedly described Pervez Musharraf as ‘a national asset’ who is good for Pakistan and someone with whom the political forces can work. Then one read about Asif Zardari’s tirade against the deposed judges for not allowing him any reprieve during his incarceration

This was preceded by reinvigorated ties with the MQM and its chief Altaf Hussain, and according to news reports Mr Zardari wanted Nine Zero to be accessible to Bilawal. Later, relations between the two parties soured somewhat. Accompanying all these actions was a news item that the judges would be restored according to a constitutional package in which they would be scrutinised. Amid rumours of restoring some and not all the judges such news items led to anxiety among those waiting to see the implementation of the Bhurban accord in its full spirit.

Lately, PPP sources have sought to dispel misgivings on this count by stating that a draft resolution for the reinstatement of all judges was ready and would be presented in the National Assembly soon. Nevertheless, there has been a great deal of confusion around the restoration of the judges and the future of Pervez Musharraf. Some of it seems to have been deliberately created to obscure the real issues haunting the nation.

First, let us take the issue of the judges to understand why all of them must be reinstated. The issue of the judiciary is not about one man or a few men, for men come and go while institutions continue. The judicial issue is about the institution, its integrity and its independence. Justice Iftikhar Chaudhry is the symbol of judicial freedom and his action of March 9, 2007, has come to stand for the independence of the judiciary.

Those who separate ‘independence of the judiciary’ from ‘restoration of the judges’ simply miss the point. Such people argue that they are not interested in ‘personalities’ but in the independence of the institution. Institutions are made up of, and run by, persons who at certain points in history become signs and symbols representing the institution.

At this critical juncture of our history, Justice Iftikhar Chaudhry, irrespective of his personal foibles, has become infused with meaning — he has come to mean standing up to the establishment and being able to say ‘no’ to an array of uniformed interlocutors. If he is not restored fully and properly, along with the others who followed their conscience and refused to take dictation, a terrible precedent will be set. In future, the removal of non-pliant judges will become easier and more acceptable.

If the nation gives a resounding ‘no’ to the illegal removal of judges, and the mandate of the political parties suggests that the people have done just that, then the political parties must respect this verdict at the risk of losing their massive support. If the political parties fail the people, the latter may not only turn away from the parties, they may lose faith in the political process itself. This would be a real loss for the nation and its democratic development.

Although the news of a draft resolution for the judges’ reinstatement may allay doubts, there has also been confusion among politicians about whether or not a constitutional amendment was needed to restore the judges. The country’s leading lawyers, and a large number of former Supreme Court judges had already given their learned opinion, one can only add one’s layperson’s thoughts on this.

It seems very strange that illegal acts committed by one person would need a constitutional amendment in order to be undone. The illegal acts of any citizen are brought before a court of law and he/she is punished as per the Pakistan Penal Code.

But the spate of illegal acts by one person, whose power is derived from the barrel of a gun, would require a constitutional amendment to be reversed. This seems twisted and suggests that as long as a citizen carries arms and ammunitions, he may dismiss the entire court, make constitutional amendments, create his own court and the only way a legitimately elected Assembly can change all this is through a constitutional amendment. This is preposterous logic and clearly designed to create confusion in the minds of the people.

In other words, one man can make constitutional amendments without the lawful authority to do so, but the whole Assembly and the executive together cannot undo such illegal acts. So why have elections and a parliament or a cabinet? Why waste precious national resources on the paraphernalia of democratic institutions?

It does not make sense to an ordinary citizen why certain crimes cannot be taken cognisance of by a duly elected government. Even high school-level children know that only a duly elected legislature can make constitutional amendments, which is why the previous dictator-driven amendments had to be indemnified by the elected assemblies.

If one man can change the fundamental law of the land, and his hand-picked court put a stamp of approval on an act that benefits that court, then we do not need institutions that represent the will of the people as they become superfluous. If we accept this precedent today, at some future time any military adventurer who wants to usurp all parliamentary and executive powers, would simply need to impose an emergency cum martial law for a short period, remove all the judges, replace them with favoured ones, change the Constitution and there would be nothing to stop him. We will rue the day we accepted such a tradition.

It is imperative for Pervez Musharraf to leave the highly respected office of the president. This office represents the federation, the entire country. It must have legitimacy and acceptance by all the provinces and different shades of opinion. A man who violated the Constitution twice, and mangled and mutilated it single-handedly, cannot represent the nation. If the person at the helm of affairs violates the law how can one expect ordinary citizens to obey and follow it?

The retired general needs to be replaced by a person of honour willing to work according to the limited, ceremonial role of the president within the confines of the Constitution. This means that his powers under Article 58- 2(b) and the National Security Council need to be eliminated so that we can establish a system envisaged by the consensus social contract agreed upon in 1973.

[Coutesy: DAWN]

Sunday, April 20, 2008

Blame Al Qaeda!!!

European Union Election Observation Mission exposed MQM and PMLQ's rigging in 2008 elections




EU Observation mission reports on the irregularities of 2008 elections specially MQM and PMLQ's abuse of government machinery and use of force in the elections

Click on link to view EU's findings: http://www.eueompakistan.org/




U.S. Military Seeks to Widen Pakistan Raids: New York Times

By MARK MAZZETTI and ERIC SCHMITT

WASHINGTON — American commanders in Afghanistan have in recent months urged a widening of the war that could include American attacks on indigenous Pakistani militants in the tribal areas inside Pakistan, according to United States officials.

The requests have been rebuffed for now, the officials said, after deliberations in Washington among senior Bush administration officials who fear that attacking Pakistani radicals may anger Pakistan’s new government, which is negotiating with the militants, and destabilize an already fragile security situation.

American commanders would prefer that Pakistani forces attack the militants, but Pakistani military operations in the tribal areas have slowed recently to avoid upsetting the negotiations.

Pakistan’s government has given the Central Intelligence Agency limited authority to kill Arab and other foreign operatives in the tribal areas, using remotely piloted Predator aircraft. But administration officials say the Pakistani government has put far greater restrictions on American operations against indigenous Pakistani militant groups, including one thought to have been behind the assassination of former Prime Minister Benazir Bhutto.

American intelligence officials say that the threat emanating from Pakistan’s tribal areas is growing, and that Pakistani networks there have taken on an increasingly important role as an ally of Al Qaeda in plotting attacks against American and other allied troops in Afghanistan, and in helping foreign operatives plan attacks on targets in the West. The officials said the American military’s proposals included options for limited cross-border artillery strikes into Pakistan, missile attacks by Predator aircraft or raids by small teams of C.I.A. paramilitary forces or Special Operations ...full story @ http://www.nytimes.com

It was reported on TV channels that Musharraf is meeting his constitutional expert Sharif uddin Pirzada in Karachi late night. Can Pirzada save now?

New Pak plan may leave Musharraf no option but to "bow out without facing impeachment": WebIndia

The new regime in Pakistan is learnt to devised its strategy last night to oust President Pervez Musharraf by bringing about constitutional changes that would 'curtail' Musharraf's powers.

Sources said that the constitutional changes were being prepared that would "so cripple (Musharraf's) authority in all respects" that he will have "no option but to bow out without facing impeachment".

Sources close to the PPP and the PML-N said last night that after the deletion of discretionary and other powers, "Musharraf is unlikely to continue while having such an insignificant role".

The changes would strip Musharraf of nearly all his discretionary powers, which sustain his hold on office - most importantly, the vital Article 58(2)(b) of the constitution that gives him the authority, at a whim, to dissolve parliament...full story @ http://news.webindia123.com

New Pak bill set to clip Musharraf's wings: NDTV

Pakistan's new government is finalising a constitutional amendment bill to ensure the balance of power between the President and the Prime Minister, Law Minister Farooq Naek said on Saturday.

The law ministry is preparing the draft of the bill that is aimed at curbing President Pervez Musharraf's sweeping powers, including the power to dissolve the parliament and to dismiss the elected prime minister and his government, officials said.

Naek indicated that the proposed amendment bill will address presidential powers that were inserted in the sixth and seventh schedules of the Constitution through controversial amendments made by Musharraf after he assumed power in 1999.

The sixth schedule contains several laws that cannot be altered or repealed without the assent of the President, including the National Accountability Bureau Ordinance.

Though Prime Minister Yousuf Raza Gillani had announced ...Full story @ http://www.ndtv.com

Saturday, April 19, 2008

Mahleej or Maha Leech...

Musharraf's legacy is to abuse our women either by rapes or encouraging them to wear bikinis, swimsuits or may be no clothes in his Sharaab and Ghazal mehfils...


[Photos above are to show how disgraceful and disrespectful it is to see our women in such outfits]


Just like in the West, female sex is exploited in the name on moderation and liberation. This lady named Mahleej Sarkari who was recently crowned Miss Pakistan 2007 in Toronto, Canada (and many more girls who think by showing their flesh they are liberated) recently said that “in Musharraf’s tenure women of Pakistan have been given a lot of rights. His contribution towards building a better image of Pakistan throughout the world has turned me into a huge fan of his. I truly admire, respect and love him for all he is worth.”


Mahleej declared in a TV programme that she loves Musharraf and wants to go out for a date with the President.


“I love Musharraf, I love Musharraf, I love Musharraf, and it would be an honour and privilege for me to meet him in person and talk to him. I like the President because he has a charming personality and a charisma that attracts me towards him,” the Daily Times quoted her as saying.

Mahleej should be reminded that in Musharraf's time Mukhtaran Mai was gang raped in 22 June, 2002 on the orders of a village council in the southern Punjab village of Meerwala in Pakistan.

Musharraf restricted her movements and Mukhtaran Mai's name was also added to the ECL list. Another lady Dr. Shazia was also raped in Musharraf's time and an Army Captain was alleged to have been the culprit. Musharraf stated in public that "no Army men is involved in this", despite the matter was sub-judice. Dr. Shazia was forced to withdraw her case and fled the country because of life threats to herself and her husband by the alleged Army Captain.

Musharraf visited the US and was asked by one of the newspapers about the growing abuse of weaker sex in Pakistan and Musharraf replied that "there is no such thing, it is just that nowadays in Pakistan women use these tactics to gain sympathy from Western world and the Western countries give asylum to such people on humanitarian grounds etc." Mehleej and all other people who believe that by participating in beauty pageants or by socializing like western females they have been bestowed upon rights that they were never given before, are living in fool’s paradise. They must know that emancipation of women and exploitation of women are two entirely different things. How many laws do we have in Pakistan that are favourable and protect our women in work environment (harassment laws), public places (hudood laws) and provide welfare benefits and protections. None. All the laws we have are against women and they are heavily favorable to the stronger sex.

Musharraf is the worst thing happened to us and by statements which Mahleej has given in favour of Musharraf again show that Musharraf is loved by wrong people and for very wrong reasons. No dignified person would ever praise Musharraf.

Friday, April 18, 2008

US 'lacks Pakistan terror policy': BBC

A US report says that terrorists are still operating freely along the Pakistani border with Afghanistan.

It says that there is "no comprehensive plan" to deal with the threat, even though Pakistan has received $10.5bn in military and economic aid from the US.

The report was released by a government watchdog, the Government Accountability Office (GAO).

US officials suspect that al-Qaeda chief Osama Bin Laden and Taleban head Mullah Omar are in the border areas.

The GAO is the audit and investigative arm of the US Congress.

Its report said that more than six years after the 11 September 2001 attacks, the US still does not have a coherent plan to destroy the threat from Islamist militants.

It said that both the US ... Full story @ http://news.bbc.co.uk/2/hi/south_asia/7353852.stm

Ms. Kashmala Tariq's photo taken while she arrived to attend NA session...The comment below says all!!

khuda ki bandi ....kapray tu behtar pehan ...its showin waht she is ...for me its quite different cuz i admire her and i always saw her wearin FULL SLEEVES .........so this is real face of our MAZLOOM AORTO KI hamdard heheeh

[Source: http://www.buzzvines.com/kashmala-tariq-coming-attend-na-session]

Everyday there is a protest...legacy of PML-Q


The Netherlands has shifted its embassy in the Pakistani capital to a luxury hotel because of security worries following the release of a film criticizing Islam.

US: Terrorists operating freely on Pakistan border - Associated Press

By ANNE FLAHERTY | WASHINGTON (AP) — Terrorists are still operating freely in Pakistan along the country's Afghanistan border, despite the U.S. giving Pakistan more than $10.5 billion in military and economic aid, according to a government watchdog agency.

The Government Accountability Office says in a report released Thursday that the U.S. lacks a comprehensive plan to deal with the terrorist threat.

Democrats called the report appalling because of congressional mandates demanding the nation do more to coordinate efforts by federal agencies.

"For anyone wondering how we're doing in the fight to get the terrorists who killed 3,000 Americans on 9/11, this report pretty much says it all," said Sen. Robert Menendez, D-N.J.

Some federal agencies, including the Defense Department, agreed with the findings. But the State Department disagreed, saying that a comprehensive strategy does exist and is being implemented.

Gordon Johndroe, a spokesman for the National Security Council, said the United States is dealing with the terrorist threat in Pakistan through a variety of means across political, economic and security fronts.

"We devote resources to health, education, economic development, political reform, as well as going after al-Qaida with the Pakistani security forces," Johndroe said. "This is going to be a long battle against a determined enemy and I can assure you that the president and his ...

Full story @ http://ap.google.com/article/

Thursday, April 17, 2008

The Charter of Democracy

We the elected leaders of Pakistan have deliberated on the political crisis in our beloved homeland, the threats to its survival, the erosion of the federation's unity, the military's subordination of all state institutions, the marginalisation of civil society, the mockery of the Constitution and representative institutions, growing poverty, unemployment and inequality, brutalisation of society, breakdown of rule of law and, the unprecedented hardships facing our people under a military dictatorship, which has pushed our beloved country to the brink of a total disaster;

Noting the most devastating and traumatic experiences that our nation experienced under military dictatorships that played havoc with the nation's destiny and created conditions disallowing the progress of our people and the flowering of democracy. Even after removal from office they undermined the people’s mandate and the sovereign will of the people;

Drawing history’s lesson that the military dictatorship and the nation cannot co-exist – as military involvement adversely affect the economy and the democratic institutions as well as the defence capabilities, and the integrity of the country - the nation needs a new direction different from a militaristic and regimental approach of the Bonapartist regimes, as the current one;

Taking serious exception to the vilification campaign against the representatives of the people, in particular, and the civilians, in general, the victimisation of political leaders/workers and their media trials under a Draconian law in the name of accountability, in order to divide and eliminate the representative political parties, to Gerrymander a king's party and concoct legitimacy to prolong the military rule;

Noting our responsibility to our people to set an alternative direction for the country saving it from its present predicaments on an economically sustainable, socially progressive, politically democratic and pluralist, federally cooperative, ideologically tolerant, internationally respectable and regionally peaceful basis in the larger interests of the peoples of Pakistan to decide once for all that only the people and no one else has the sovereign right to govern through their elected representatives, as conceived by the democrat par excellence, Father of the Nation Quaid-i-Azam Mohammed Ali Jinnah;

Reaffirming our commitment to undiluted democracy and universally recognised fundamental rights, the rights of a vibrant opposition, internal party democracy, ideological/political tolerance, bipartisan working of the parliament through powerful committee system, a cooperative federation with no discrimination against federating units, the decentralisation and devolution of power, maximum provincial autonomy, the empowerment of the people at the grassroots level, the emancipation of our people from poverty, ignorance, want and disease, the uplift of women and minorities, the elimination of klashnikov culture, a free and independent media, an independent judiciary, a neutral civil service, rule of law and merit, the settlement of disputes with the neighbours through peaceful means, honouring international contracts, laws/covenants and sovereign guarantees, so as to achieve a responsible and civilised status in the comity of nations through a foreign policy that suits our national interests;

Calling upon the people of Pakistan to join hands to save our motherland from the clutches of military dictatorship and to defend their fundamental, social, political and economic rights and for a democratic, federal, modern and progressive Pakistan as dreamt by the Founder of the nation; have adopted the following, “Charter of Democracy”;

A. CONSTITUTIONAL AMENDMENTS

1. The 1973 Constitution as on 12th October 1999 before the military coup shall be restored with the provisions of joint electorates, minorities, and women reserved seats on closed party list in the Parliament, the lowering of the voting age, and the increase in seats in parliament and the Legal Framework Order, 2000 and the Seventeenth Constitutional Amendment shall be repealed accordingly.

2. The appointment of the governors, three services chiefs and the CJCSC shall be made by the chief executive who is the prime minister, as per the 1973 Constitution.

3. (a) The recommendations for appointment of judges to superior judiciary shall be formulated through a commission, which shall comprise of the following: i. The chairman shall be a chief justice, who has never previously taken oath under the PCO.

ii. The members of the commission shall be the chief justices of the provincial high courts who have not taken oath under the PCO, failing which the senior most judge of that high court who has not taken oath shall be the member

iii. Vice-Chairmen of Pakistan and Vice-Chairmen of Provincial Bar Association with respect to the appointment of judges to their concerned province

iv. President of Supreme Court Bar Association

v. Presidents of High Court Bar Associations of Karachi, Lahore, Peshawar, and Quetta with respect to the appointment of judges to their concerned province

vi. Federal Minister for Law and Justice

vii. Attorney General of Pakistan

(a-i) The commission shall forward a panel of three names for each vacancy to the prime minister, who shall forward one name for confirmation to joint parliamentary committee for confirmation of the nomination through a transparent public hearing process.

(a-ii) The joint parliamentary committee shall comprise of 50 per cent members from the treasury benches and the remaining 50 per cent from opposition parties based on their strength in the parliament nominated by respective parliamentary leaders.

(b) No judge shall take oath under any Provisional Constitutional Order or any other oath that is contradictory to the exact language of the original oath prescribed in the Constitution of 1973.

(c) Administrative mechanism will be instituted for the prevention of misconduct, implementation of code of ethics, and removal of judges on such charges brought to its attention by any citizen through the proposed commission for appointment of Judges. (d) All special courts including anti-terrorism and accountability courts shall be abolished and such cases be tried in ordinary courts. Further to create a set of rules and procedures whereby, the arbitrary powers of the chief justices over the assignment of cases to various judges and the transfer of judges to various benches such powers shall be exercised by the Chief Justice and two senior most judges sitting together.

4. A Federal Constitutional Court will be set up to resolve constitutional issues, giving equal representation to each of the federating units, whose members may be judges or persons qualified to be judges of the Supreme Court, constituted for a six-year period. The Supreme and High Courts will hear regular civil and criminal cases. The appointment of judges shall be made in the same manner as for judges of higher judiciary.

5. The Concurrent List in the Constitution will be abolished. A new NFC award will be announced.

6. The reserved seats for women in the national and provincial assemblies will be allocated to the parties on the basis of the number of votes polled in the general elections by each party.

7. The strength of the Senate of Pakistan shall be increased to give representation to minorities in the Senate.

8. FATA shall be included in the NWFP province in consultation with them.

9. Northern Areas shall be developed by giving it a special status and further empowering the Northern Areas Legislative Council to provide people of Northern Areas access to justice and human rights.

10. Local bodies election will be held on party basis through provincial election commissions in respective provinces and constitutional protection will be given to the local bodies to make them autonomous and answerable to their respective assemblies as well as to the people through regular courts of law.

B. CODE OF CONDUCT

11. National Security Council will be abolished. Defence Cabinet Committee will be headed by prime minister and will have a permanent secretariat. The prime minister may appoint a federal security adviser to process intelligence reports for the prime minister. The efficacy of the higher defence and security structure, created two decades ago, will be reviewed. The Joint Services Command structure will be strengthened and made more effective and headed in rotation among the three services by law. 12. The ban on a ‘prime minister not being eligible for a third term of office’ will be abolished.

13. (a) Truth and Reconciliation Commission be established to acknowledge victims of torture, imprisonment, state-sponsored persecution, targeted legislation, and politically motivated accountability. The commission will also examine and report its findings on military coups and civil removals of governments from 1996.

(b) A commission shall also examine and identify the causes of and fix responsibility and make recommendations in the light thereof for incidences such as Kargil.

(c) Accountability of NAB and other Ehtesab operators to identify and hold accountable abuse of office by NAB operators through purgery and perversion of justice and violation of human rights since its establishment.

(d) To replace politically motivated NAB with an independent accountability commission, whose chairman shall be nominated by the prime minister in consultation with the leader of opposition and confirmed by a joint parliamentary committee with 50 per cent members from treasury benches and remaining 50 per cent from opposition parties in same manner as appointment of judges through transparent public hearing. The confirmed nominee shall meet the standard of political impartiality, judicial propriety, moderate views expressed through his judgements and would have not dealt.

14. The press and electronic media will be allowed its independence. Access to information will become law after parliamentary debate and public scrutiny.

15. The chairmen of public accounts committee in the national and provincial assemblies will be appointed by the leaders of opposition in the concerned assemblies.

16. An effective Nuclear Command and Control system under the Defence Cabinet Committee will be put in place to avoid any possibility of leakage or proliferation.

17. Peaceful relations with India and Afghanistan will be pursued without prejudice to outstanding disputes.

18. Kashmir dispute should be settled in accordance with the UN Resolutions and the aspirations of the people of Jammu and Kashmir.

19. Governance will be improved to help the common citizen, by giving access to quality social services like education, health, job generation, curbing price hike, combating illegal redundancies, and curbing lavish spendings in civil and military establishments as ostentious causes great resentment amongst the teeming millions. We pledge to promote and practice simplicity, at all levels.

20. Women, minorities, and the under privileged will be provided equal opportunities in all walks of life.

21. We will respect the electoral mandate of representative governments that accepts the due role of the opposition and declare neither shall undermine each other through extra constitutional ways.

22. We shall not join a military regime or any military sponsored government. No party shall solicit the support of military to come into power or to dislodge a democratic government.

23. To prevent corruption and floor crossing all votes for the Senate and indirect seats will be by open identifiable ballot. Those violating the party discipline in the poll shall stand disqualified by a letter from the parliamentary party leader to the concerned Speaker or the Chairman Senate with a copy to the Election Commission for notification purposes within 14 days of receipt of letter failing which it will be deemed to have been notified on the expiry of that period.

24. All military and judicial officers will be required to file annual assets and income declarations like Parliamentarians to make them accountable to the public.

25. National Democracy Commission shall be established to promote and develop a democratic culture in the country and provide assistance to political parties for capacity building on the basis of their seats in parliament in a transparent manner.

26. Terrorism and militancy are by-products of military dictatorship, negation of democracy, are strongly condemned, and will be vigorously confronted.

C. FREE AND FAIR ELECTIONS

27. There shall be an independent, autonomous, and impartial election commission. The prime minister shall in consultation with leader of opposition forward up to three names for each position of chief election commissioner, members of election commission, and secretary to joint parliamentary committee, constituted on the same pattern as for appointment of judges in superior judiciary, through transparent public hearing process. In case of no consensus, both prime minister and leader of opposition shall forward separate lists to the joint parliamentary committee for consideration. Provincial election commissioner shall be appointed on the same pattern by committees of respective provincial assemblies.

28. All contesting political parties will be ensured a level playing field in the elections by the release of all political prisoners and the unconditional return of all political exiles. Elections shall be open to all political parties and political personalities. The graduation requirement of eligibility which has led to corruption and fake degrees will be repealed.

29. Local bodies elections will be held within three months of the holding of general elections.

30. The concerned election authority shall suspend and appoint neutral administrators for all local bodies from the date of formation of a caretaker government for holding of general elections till the elections are held.

31. There shall be a neutral caretaker government to hold free, fair, and transparent elections. The members of the said government and their immediate relatives shall not contest elections.

D. CIVIL - MILITARY RELATIONS

32. The ISI, MI and other security agencies shall be accountable to the elected government through Prime Minister Sectt, Ministry of Defence, and Cabinet Division respectively. Their budgets will be approved by DCC after recommendations are prepared by the respective ministry. The political wings of all intelligence agencies will be disbanded. A committee will be formed to cut waste and bloat in the armed forces and security agencies in the interest of the defence and security of the country. All senior postings in these agencies shall be made with the approval of the government through respective ministry.

33. All indemnities and savings introduced by military regimes in the constitution shall be reviewed.

34. Defence budget shall be placed before the parliament for debate and approval.

35. Military land allotment and cantonment jurisdictions will come under the purview of defence ministry. A commission shall be set up to review, scrutinise, and examine the legitimacy of all such land allotment rules, regulations, and policies, along with all cases of state land allotment including those of military urban and agricultural land allotments since 12th October, 1999 to hold those accountable who have indulged in malpractices, profiteering, and favouritism.

36. Rules of business of the federal and provincial governments shall be reviewed to bring them in conformity with parliamentary form of government.

Wednesday, April 16, 2008

A very clear message to the US...hatred breeds hatred


Supporters of Jamiat-e-Talba Islam, a Pakistani Islamic student group, chant slogans next to a burning U.S. flag during a rally against an anti-Quran film made by a Dutch lawmaker and the reproduction of a cartoon depicting the Prophet Muhammad in Danish newspapers.

Restoration of Pre Nov 3 Judiciary seems a reality by looking at this picture

During Olympic torch ceremony in Islamabad both visibly seemed to be living in two different worlds.

Another promise to be fulfilled...

Why Jagdesh was not given a chance to say anything in his defence? How are we going to know the truth?

Jagdesh, factory worker in Korangi, was beaten to death by his co-workers because he was allegedly blaspheming our Prophet. Islam gives equal opportunity to all, why Jagdesh was not given an opportunity to defend or explain his actions?

Tuesday, April 15, 2008

Lazim hai k hum bhi dekhenge ~ Faiz Ahmed Faiz Sahib

Hum dekhenge
Lazim hai k hum bhi dekhenge
Wo din k jis ka wada hai
Jo looh-e-azl pe likha hai
Hum bhi dekhenge

Jab zulm-o-sitam k kooh-e-giran
Roi ki tarah ur jaenge
Hum mehkomon k paaon tale
Ye dharti dhar dhar dharkegi
Aur ahl-e-hukum k sir oper
Jab bijli kar kar karkegi
Hum bhi dekhenge

Jab arz-e-Khuda k kaabe se
Sab but uthwae jaenge
Hum ahl-e-safa mardood-e-harm
Masnad pe bethae jaenge
Sab taaj uchale jaenge
Sab takht girae jaenge
Hum bhi dekhenge

Bas naam rahega Allah ka
Jo ghayab bhi hai hazir bhi
Jo manzar hai nazir bhi
Uthega ANAL HAQ ka nara
Jo mai bhi hon tum bhi ho
Aur raaj karegi Khalq-e-KHUDA
Jo mai bhi hon tum bhi ho
Hum dekhenge
Lazim hai hum bhi dekhenge
Hum dekhenge!

Our beautiful world...


Polar bear cub Flocke jumps in the water as she is introduced to the public on April 8, 2008 at the zoo in Nuremberg, southern Germany. Four-month old Flocke -- German for snowflake -- has until now been kept behind closed doors at Nuremberg zoo and has been hand-reared by zookeepers because of fears her mother might harm her.

Why the hell this man keeps saluting his audience?

Musharraf salutes to Chinese students as he leaves after his speech at the Tsinghua University in Beijing on April 14, 2008.

Pakistan was generating 1000MW in surplus in 2004 and now we are in 3500MW acute shortage...who is responsible?

An unidentified official of a power company catches a protester, right, during a protest against power cut in Multan

Pakistani protesters fire in the air beside a burning vehicle during a protest against the power cuts in Multan on April 14, 2008. Thousands of people angered by power cuts staged a violent protest in the home city of Pakistan's new premier leaving 40 people wounded and 50 under arrest. Police fired in the air and launched tear gas shells to disperse demonstrators in the central city of Multan after they attacked the office of the state electricity company and set fire to a bank.
An official of Water and Power Development Authority helps his chief Mohammad Ishtiaq, center, to load an assault rifle he used to disperse angry crowd in Multan, Pakistan, Monday, April. 14, 2008. A crowd protesting power cuts rioted in the home city of Pakistan's new Prime Minister Yousaf Raza Gilani Monday, ransacking the office of the state electricity company, torching a bank and leaving at least 13 people injured.

Angry protesters destroy vehicles outside the Water and Power Development Authority office during a protest against power cuts in Multan

Monday, April 14, 2008

This poor woman committed suicide because the privileged class is unaware of their responsibilites towards them...

Poor woman commits suicide with two children |By Faisal Ali

LAHORE, April 12: A woman committed suicide with her two children by throwing herself in front of a train in Naseerabad area of the city on Saturday.

Police said Ms Bushra, 30, carried a bag which contained a suicide note. Reading from the note, a police official said Ms Bushra, wife of a welder, had committed suicide because of poverty.

The woman appeared on the main railway line along with her two children at around 12.20pm when a train coming from the Cantonment station was approaching there.

“Despite an alarm raised by shopkeepers and some passers-by, she threw herself on to the track,” rickshaw driver Rashid Naseer, who witnessed the incident, told Dawn.

He said Ms Bushra covered the eyes of her son and daughter with her hands before taking the leap.

Police said the woman, wife of Mohammad Ramzan, came from Mecca Colony, Gulberg-III.

The children were identified as Zubair, 5, and Saima, 3.

When the news was broken to Ramzan, he went into a state of shock and was hospitalised.

A rescue 1122 official, while quoting the note, said the woman had termed poverty the main cause of her suicide decision and requested that if any of her children survived during the attempt, he or she be handed over to her parents.

She said she was doing it on her own and no one should be held responsible for the deaths. She wished that she should be laid to rest near the grave of her sister Sumera.

[Source: http://www.dawn.com/2008/04/13/top8.htm]

Time and again proven that a dictator can never be a solution to our problems...

Pakistani woman Masoom Bibi cries while talking about a recent price hike which barred her and her family from buying food stuff in suburb of Islamabad, Pakistan on Friday, April. 11, 2008. In the recent months milk prices go to Rs 42 per liter from 30, prices of rice sky rocketed to double, a 20 kilograms bag of wheat flour jumped to Rs. 350 (US$5.80) from usual price of Rs. 230 (US$3.80) and flour became a scarce commodity.

Not a single day without protest against dreaded and damned Musharraf...

Women supporters of Pakistan Muslim League-N party chant slogans during a rally against President Pervez Musharraf, Sunday, April 13, 2008 in Peshawar, Pakistan.

Another promise PPP, PLMN and ANP to fulfill...

Supporters of the Pakistan Movement for Justice party protest calling for the release of disgraced scientist Abdul Qadeer Khan in Karachi on April 13, 2008. Khan, who has been under effective house arrest since confessing on television in 2004 to running a proliferation network, added that the country's new government had not yet contacted him about his possible release.

Sunday, April 13, 2008

Protest at MQM HQ London - Sunday 13 April 2008

This is a courtesy message from professionals in London:

Join us for a protest outside the MQM London Head Quarters to condemn the atrocities committed in Karachi against Civil Society and Lawyers.

This is one of the key goals that we as a party have been struggling for Justice!!!

Civil Society, Political Parties, Students & Others will be gathering outside the MQM HQ in London on April 13th, 2008 at 1pm at Elizabeth House, High Street, Edgware, Middlesex, HA8 7EJ.

We would like to invite all those who are against violent killings, anti- democratic forces in Pakistan and who are striving for the restoration of an independent judiciary to join us in solidarity for this demonstration.

Please do make the effort and MUST bring your own Play Cards and Posters - every single number counts!!

For additional information contact Mr. Ahmed Nawaz Wattoo at 07799214021 or Rabia Zia 07515549541

[Courtesy: PKPOLITICS.COM]

Saturday, April 12, 2008

Complete judgement of Kashir Omer v Canada [Citation 2007 FC 478] which upheld that MQM is a terrorist organization.

Date: 20070503

Docket: IMM-5295-06

Citation: 2007 FC 478

Ottawa, Ontario, May 3, 2007

PRESENT: The Honourable Mr. Justice Blais

BETWEEN:

MOHAMMED KASHIF OMER

Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1] This is an application pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the Act), for judicial review of a decision by the Immigration Division of the Immigration and Refugee Board (the Board), rendered on September 14, 2006, where it concluded that the applicant was ineligible as per paragraph 34(1)(f) of the Act and ordered his deportation.

BACKGROUND

[2] Mohammed Kashif Omer (the applicant) is a citizen of Pakistan who came to Canada in December 1998 and was granted refugee status, but was never landed.

[3] While in Pakistan, the applicant was a member of the APMSO (All Pakistan Mohajir Students Organisation) at the Government National College in Karachi from 1987 to 1989, and was the “information secretary” to APMSO from 1989 to 1992. He then joined and worked for the MQM (Mothaidda Quami Movement), from 1993 until he left Pakistan in 1998. While he initially denied any involvement with the MQM’s political activities in Canada, he eventually acknowledged during the hearing that he was responsible for the “MQM Quebec” branch.

[4] On July 12, 2005, a report under subsection 44(1) of the Act was written, and on July 22, 2005, a referral under subsection 44(2) of the Act for an admissibility hearing was signed. The officer who prepared the report under subsection 44(1) of the Act was of the opinion that the applicant was inadmissible because he knowingly and for a long period of time belonged to an organization that has engaged in terrorism. The admissibility hearing was held on November 15, 2005, January 24, 2006 and April 6, 2006.

DECISION UNDER REVIEW

[5] In a decision rendered on September 14, 2006, the Board concluded as follows:

I conclude that, based on Mr. Omer’s testimony and on the careful analysis of the documentary evidence on the MQM, the MQM-A and the AMPSO, there was a shared common purpose and knowledge on the part of Mr. Omer of the actions of his party which there is reasonable grounds to believe was engaged in acts of terrorism.

[6] The Board thus concluded that paragraph 34(1)(f) applied to the applicant and consequently issued a deportation order.

ISSUE FOR CONSIDERATION

[7] The sole issue for consideration in this judicial review application is the following: Did the Board err by concluding that the MQM was an organization described in paragraph 34(1)(c) of the Act?

PERTINENT LEGISLATION

Immigration and Refugee Protection Act, S.C. 2001, c. 27

33. The facts that constitute inadmissibility under sections 34 to 37 include facts arising from omissions and, unless otherwise provided, include facts for which there are reasonable grounds to believe that they have occurred, are occurring or may occur.

34. (1) A permanent resident or a foreign national is inadmissible on security grounds for

(a) engaging in an act of espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada;

(b) engaging in or instigating the subversion by force of any government;

(c) engaging in terrorism;

(d) being a danger to the security of Canada;

(e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or

(f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b) or (c).

44. (1) An officer who is of the opinion that a permanent resident or a foreign national who is in Canada is inadmissible may prepare a report setting out the relevant facts, which report shall be transmitted to the Minister.

(2) If the Minister is of the opinion that the report is well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing, except in the case of a permanent resident who is inadmissible solely on the grounds that they have failed to comply with the residency obligation under section 28 and except, in the circumstances prescribed by the regulations, in the case of a foreign national. In those cases, the Minister may make a removal order.

33. Les faits — actes ou omissions — mentionnés aux articles 34 à 37 sont, sauf disposition contraire, appréciés sur la base de motifs raisonnables de croire qu’ils sont survenus, surviennent ou peuvent survenir.

34. (1) Emportent interdiction de territoire pour raison de sécurité les faits suivants :

a) être l’auteur d’actes d’espionnage ou se livrer à la subversion contre toute institution démocratique, au sens où cette expression s’entend au Canada;

b) être l’instigateur ou l’auteur d’actes visant au renversement d’un gouvernement par la force;

c) se livrer au terrorisme;

d) constituer un danger pour la sécurité du Canada;

e) être l’auteur de tout acte de violence susceptible de mettre en danger la vie ou la sécurité d’autrui au Canada;

f) être membre d’une organisation dont il y a des motifs raisonnables de croire qu’elle est, a été ou sera l’auteur d’un acte visé aux alinéas a), b) ou c).

44. (1) S’il estime que le résident permanent ou l’étranger qui se trouve au Canada est interdit de territoire, l’agent peut établir un rapport circonstancié, qu’il transmet au ministre.

(2) S’il estime le rapport bien fondé, le ministre peut déférer l’affaire à la Section de l’immigration pour enquête, sauf s’il s’agit d’un résident permanent interdit de territoire pour le seul motif qu’il n’a pas respecté l’obligation de résidence ou, dans les circonstances visées par les règlements, d’un étranger; il peut alors prendre une mesure de renvoi.

STANDARD OF REVIEW

[8] The choice of the proper standard of review for substantive decisions of the Board is driven mainly by the nature of the decision. On questions of law, the proper standard is that of correctness, on questions of mixed fact and law, reasonableness, and on questions of fact, patent unreasonableness. This approach was confirmed by the Supreme Court of Canada in Mugesera v. Canada (Minister of Citizenship and Immigration), [2005] 2 S.C.R. 100.

[9] More specifically, the issue of whether an organization is one described under paragraph 34(1)(c) of the Act has been reviewed by this Court on a standard of reasonableness (Kanendra v. Canada (MCI), 2005 FC 923, [2005] F.C.J. No. 1156 (QL)). The related issue of whether an applicant was a member of an organization referred to in paragraph 34(1)(f) has also been reviewed on a standard of reasonableness, as it is a question of mixed fact and law (Poshteh v. Canada (MCI), 2005 FCA 85, [2005] F.C.J. No. 381 (QL)).

ANALYSIS

[10] Before turning to the specific arguments raised by the applicant, it is important to note that the standard of proof under section 34 is that of “reasonable grounds to believe”, a standard which has been explained as follows by the Supreme Court of Canada in Mugesera, above, at paragraph 114:

... The FCA has found, and we agree, that the “reasonable grounds to believe” standard requires something more than mere suspicion, but less that the standard applicable in civil matters of proof on the balance of probabilities: Sivakumar v. Canada (Minister of Employment and Immigration), [1994] 1 F.C. 433 (C.A.), at p. 445; Chiau v. Canada (Minister of Citizenship and Immigration), [2001] 2 F.C. 297 (C.A.), at para. 60. In essence, reasonable grounds will exist where there is an objective basis for the belief which is based on compelling and credible information: Sabour v. Canada (Minister of Citizenship & Immigration) (2000), 9 Imm. L.R. (3d) 61 (F.C.T.D.).

[11] It should also be noted that, in its decision, the Board found the applicant to be complicit in the actions of the MQM. Counsel for each party also made submissions to this Court with regards to the issue of complicity, which it will not be necessary for this Court to address, since the issue of complicity is irrelevant to a determination under paragraph 34(1)(f) of the Act, which refers strictly to the notion of membership in the organization. The question of inadmissibility under paragraph 34(1)(f) should thus be distinguished from inadmissibility as a Convention refugee under section 98 of the Act, which relies on article 1F of the United Nations Convention relating to the Status of Refugees, where the ground for inadmissibility is described as having “committed a crime against peace, a war crime, or a crime against humanity” and, absent direct proof as to the involvement of the person in a specific crime, requires a finding of complicity with the organization who committed such crime.

[12] In Kanendra v. Canada (MCI), 2005 FC 923, [2005] F.C.J. No. 1156 (QL), Justice Simon Noël considered the notion of membership under paragraph 34(1)(f) of the Act, and stated the following:

21 The Applicant submits that the interpretation of "member" in s. 34(1)(f) must be read strictly, so as not to include in its ambit persons who may associate and sympathize with an organization described in s. 34(1)(a), (b) or (c), but who are not themselves a threat to Canada. The Applicant further submits that "member" should be interpreted to mean current and actual or formal membership, including only those who are subject to party discipline and not entitled to act in accordance with independent belief and action.

22 To adopt such an interpretation would, I think, be contrary to the spirit of the legislation as well as to prior jurisprudence. In Suresh v. Canada (Minister of Citizenship and Immigration) (1997), 40 Imm. L.R. (2d) 247 (F.C.T.D.) at 259 (para. 22), rev'd in part (on different grounds), 47 Imm. L.R. (2d) 1 (F.C.A.), Justice Teitelbaum stated that, "Membership cannot and should not be narrowly interpreted when it involves the issue of Canada's national security. Membership also does not only refer to persons who have engaged or who might engage in terrorist activities." See also Canada (Minister of Citizenship and Immigration) v. Singh, (1998) 44 Imm. L.R. (2d) 309 at para. 51 et seq. (F.C.T.D.); Canada (Minister of Citizenship and Immigration) v. Owens, (2000) 9 Imm. L.R. (3d) 101 at paras. 16-18 (F.C.T.D.); Poshteh, supra, at para. 29.

23 Therefore, the term "member" as it is used in s. 34(1)(f) of IRPA should be given a broad interpretation. The Applicant is concerned that those who are not a threat to the security of Canada, despite their former membership in a s. 34(1)(a), (b) or (c) organization, should not be included in the ambit of s. 34(1)(f) and therefore excluded. However, I note that s. 34(2) effectively exempts them from exclusion. This section provides that those who would otherwise be deemed inadmissible because of certain associations or activities not be so deemed where they can satisfy the Minister that they are not a danger to the security of Canada. This interpretation of the statute was also found to be the case in Suresh (S.C.C.), supra. Though that case was determined under s. 19 of the old Immigration Act, the principle remains the same.

24 In order, then, to determine whether an applicant was or is a member of an organization described in ss. 34(1)(a), (b) or (c), an assessment of their participation in the organization must be undertaken. …

[13] In the present case, there were reasonable grounds to believe that the applicant was, and indeed still is, a member of the MQM. He joined the student wing of the organization in 1987 and became a full-fledged worker in the MQM in 1993, and continued his participation until his departure for Canada in 1998. No evidence was provided to the effect that he was coerced into joining, or that he was prevented from leaving the organization. In fact, upon arriving in Canada, the applicant joined the Canadian chapter of the organization and is now the head of MQM Quebec. This was clearly recognized by the Board member who wrote:

Therefore, I conclude that he knew what was happening, that he voluntarily joined the AMPSO and then the party, remained a party member and worker until his departure, never tried to dissociate himself from it, and still holds a senior position in it.

[14] Membership in this case has thus been clearly established and the only remaining issue before this Court is whether there are reasonable grounds to believe that the MQM is an organization that engages, has engaged or will engage in terrorism.

[15] Finally, while the Board erred by considering the issue of complicity instead of simple membership, this is not a reviewable error, as it had no effect on the outcome of the decision

(Cable Television Assn. v. American College Sports Co., [1991] 3 F.C. 626, [1991] F.C.J. No. 502 (QL)).

Did the Board err by concluding that the MQM was an organization described by paragraph 34(1)(c) of the Act?

[16] In order to determine whether there are reasonable grounds to believe that the MQM is an organization that engages, has engaged or will engage in terrorism, we must first define the term terrorism. This has already been done by the Supreme Court of Canada in Suresh v. Canada (MCI), [2002] 1 S.C.R. 3, where the Court wrote at paragraph 98:

98 In our view, it may safely be concluded, following the International Convention for the Suppression of the Financing of Terrorism, that "terrorism" in s. 19 of the Act includes any "act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act". This definition catches the essence of what the world understands by "terrorism". …

[17] This is the definition that was applied by the Board, and indeed it is the definition that continues to be used by this Court (Fuentes v. Canada, 2003 FCT 379, [2003] F.C.J. No. 540 (QL), Ali v. Canada, 2004 FC 1174, [2004] F.C.J. No. 1416 (QL)). However, the applicant argues that the Board erred in its interpretation of the definition provided by the Supreme Court of Canada, when it wrote:

It is perfectly clear that intimidation, when supported by violence, torture, assassinations, the use of secret detention centres and bomb attacks, figures among the acts that fall within the scope of the definition of terrorism when they blindly target the entire population or even mere political opponents who are not personally involved in the hostilities. [my emphasis]

[18] The applicant argues that intimidation that targets political opponents is not violence to intimidate a population or to compel a government or organization, as per the definition of terrorism in Suresh, above. The applicant further submits that terrorism does not include settlements of accounts within an organization, or between organizations, however despicable and politically incorrect this may be. Furthermore, the “civilians” or the “persons not taking an active part in the hostilities in a situation of harmed conflicts”, in the definition of terrorism provided by Suresh, above, are meant to refer to random targets, not an identifiable opposition.

[19] The respondent for his part submits that the applicant’s contention does not resist a careful reading of the Board’s reasons in light of the definition of terrorism as provided in Suresh, above. Indeed, the Board refers to “entire population or even mere political opponents who are not personally involved in the hostilities”, who are clearly blind targets of the acts committed by the MQM. This must also be read in contrast with the Board’s rejection of violence in the context of urban guerrillas, “where people on both sides participated directly in the hostilities”, as evidence of terrorism.

[20] Since “political opponents” could theoretically be anyone in Pakistan who supports a political organization other than the MQM, and thus a very large segment of the population, I believe that such opponents who are not personally involved in the hostilities would be considered civilians or other persons not taking an active part in the hostilities, as per the Suresh definition of terrorism. Therefore, I agree with the respondent that the definition adopted by the Board was proper and does not justify the intervention of this Court.

[21] Turning now to the finding of the Board that there are reasonable grounds to believe that the MQM is an organization that engages, has engaged or will engage in terrorism, I reproduce the following excerpt from the Board’s reasons:

I agree with Me Bertrand’s assertion that, when we look at the reported acts of violence, we must look at them in the context of the climate of political violence that has characterized Pakistan for decades. However, we must also remember that this violence reached endemic proportions in the years during which Mr. Omer was working for the MQM-A.

The direct actions against identifiable opposition members would not be associated with terrorism in cases of [Translation] “urban guerrilla” battles where people from both sides participated directly in the hostilities. Of the 13 elements – excerpts from the documentary evidence – listed by Mr. Beaupré in the section describing the nature of the group (page 2 of his submissions), number 5 – abduction and counter-abduction of P.P.P. and Mohajir Quaumi Movement student’s activist – and 7 – people were killed almost daily in fighting among factions of the MQM, and between the MQM and sindhi nationalists – can therefore be set aside. However, many of the actions (listed by Mr. Beaupré in his submissions or mentioned in the documentary evidence) in which the MQM, the MQM-A or some of its members were allegedly involved could be considered terrorist acts. It is perfectly clear that intimidation, when supported by violence, torture, assassinations, the use of secret detention centres and bomb attacks, figures among the acts that fall within the scope of the definition of terrorism when they blindly target the entire population or even mere political opponents who are not personally involved in the hostilities.

Is the documentary evidence that reports these events so lacking in credibility, as Mr. Omer claims, that all of it must be dismissed? I do not think so. Although the organizations that reported the events use terms such as “imputed”, “alleged” or “are suspected of …”, the number of witnesses, some corroboration, and the consistency of the information from these various sources are sufficient to conclude that this specific exhibits are credible and trustworthy. We are talking about intimidation, often accompanied by violence (M-2, p. 38; M-3, p. 1596; M-5, p. 3; M-5, p. 17; M-8, para. 76, M-12, p. 1), rapes (M-2, p. 38), torture, assassinations, the use of secret detention centres (M-2, pp. 37, 38, 39 and 40; M-3, pp. 1588 and 1593; M-4, p. 5, M-5, p. 2; M-8, paras. 76, 78, 81 and 82; M-10, p. 1085; M-11, pp. 2 and 3), bomb attacks (M-10, p. 1088), and terrorist acts in general (M-9, p. 1; M-10; M-12, p. 1). In short, I find that terrorist acts as defined in Suresh can be attributed to the MQM and the MQM-A during all of the years in question in this case, so these organizations were engaged in terrorism.

[22] The applicant argues that the Board’s reasons do not disclose reasonable grounds to believe that the MQM is a terrorist organization. At most, the evidence shows that some rogue members of the organization are alleged to have been involved in violence, and that, at times, this was not condemned by the organization.

[23] The applicant also maintains that there was no reasonable ground for finding that the MQM is a terrorist organization, as there was no objective basis for the belief which was based on compelling and credible information. While the Minister’s evidence, generally speaking, comes from credible informers such as Amnesty International, the US Country Report and the UN Reporter, the applicant maintains that the source of their information lacks credibility, which is why they report that the violence described is ‘imputed’ to the MQM or is ‘alleged’ to have been committed by the MQM. The applicant argues that Pakistan is one of the most corrupt countries in the world, one where disinformation is rampant, and that since the authorities often lie to achieve their purpose, they cannot be trusted as a source for this information.

[24] It is important to make clear at this point that it is not the place of this Court to determine whether the MQM is a terrorist organization, nor is this Court being asked to state whether it would have found the MQM to be an organization that engages, has engaged or will engage in terrorism. Rather, this Court must determine whether the conclusion of the Board to the effect that there were reasonable grounds to believe that the MQM is an organization that engages, has engaged or will engage in terrorism, is in itself reasonable.

[25] This is not the first time that this question has been the subject of judicial review. In Ali v. Canada (MCI), 2004 FC 1174, [2004] F.C.J. No. 1416 (QL), Justice Anne L. Mactavish concluded the following at paragraphs 64 to 68:

64 There are additional problems with the officer's decision. The immigration officer's reasons make specific reference to Mr. Ali's admission that he was, and still is, a member of the MQM-A. As such, there is a clearly articulated explanation for the officer's finding of membership in the organization. However, I am concerned about the failure of the officer to identify any specific acts carried out by the MQM-A that would meet the Suresh definition of "terrorism", or to provide any analysis of that evidence. There is also a question as to the sufficiency of the evidence supporting the officer's conclusion.

[…]

67 As Justice Layden-Stevenson observed in Alemu, at paragraph 41:


An exclusion finding is extremely significant to an applicant. Caution must be exercised to ensure such findings are properly made. The court will not substitute its opinion for that of the decision-maker when the analysis and basis for the decision are reasonable. That is not the situation here. A finding of exclusion must provide some basis for the determination regarding the nature of the group... . Failure [to do so] ... yields a result that falls [far] short of being reasonable.


68 In this case, the officer's reasons do not provide an adequate basis for her finding that there are reasonable grounds to believe that the MQM-A is a group engaged in terrorist activities. In particular, there is no analysis of the IRB report, and no identification of which activities on the part of the MQM-A the officer considers to be terrorist in nature. In my view, in light of the seriousness of the finding in issue and its consequences for Mr. Ali, it was incumbent on the officer to provide some explanation for her finding that there are reasonable grounds to believe that the MQM-A is a terrorist organization. Her failure to do so constitutes a reviewable error.

[26] In Khan v. Canada (MCI), 2005 FC 1053, [2005] F.C.J. No. 1303 (QL), a finding that the MQM was an organization that engages, has engaged or will engage in terrorism, based essentially on a report by Amnesty International, was upheld by Justice Douglas Campbell, who wrote at paragraphs 13 to 15:

13 As a central objection, Counsel for the Applicant attacks the sufficiency of the Amnesty International Report relied on by the Member, because it was not an independent assessment of MQM activities. On this point, the Applicant argues as follows:

71.


All of these "reports" and "allegations" are heresay [sic], and not credible. In fact, Amnesty International questioned the credibility of their very own report stating: "Amnesty International has not been able to independently verify reports of torture by the MQM".


72.


In other words, this single document to the issue before the Member is very questionable on credibility.


[Original underlining]

(AR, pp. 54-55, paras. 71-72)

14 With respect to this argument, I find that a complete reading of the Report (AR, p.37) does not bear out the credibility argument advanced. While the Report does state that Amnesty International was unable to independently verify the reports of torture, it goes on to state the information was gathered a variety of sources being members of other political parties, the media, the army, and "observers". I find no error in the Member's willingness to give the Report weight for the stated reason that the "reappearance of similar information and incidents in diverse publications contribute to the trustworthiness of the documents" (AR, p. 19, para. 31).

15 As a result, I have no hesitation in agreeing with Counsel for the Respondent's argument that the evidence contained in Tab 5, while it might be less than proof on a balance of probabilities, is more than a flimsy suspicion. As a result, I find that the evidence in Tab 5 meets the standard of "reasonable grounds to believe" as that term is used in s.34(1)(f). Thus, the answer to this question is "yes".

[27] The present case is clearly much closer to the situation in Khan, above, than in Ali, above, as reasons were provided by the Board to support its conclusion, which disclose some analysis and a clear identification of which activities on the part of the MQM the Board considers to be terrorist in nature. The Board also addressed the issue of the credibility of the evidence, finding that “the number of witnesses, some corroboration, and the consistency of the information from these various sources are sufficient to conclude that this [sic] specific exhibits are credible and trustworthy”.

[28] Finally, in terms of the assessment of the documentary evidence and of the credibility of the applicant, the findings of the Board are owed great deference and the Court will not re-weigh the evidence that was before the Board. As stated by the Supreme Court of Canada in Mugesera, above, at paragraph 38:

… The IAD is entitled to base its decision on evidence adduced in the proceedings which it considers credible and trustworthy in the circumstances: s. 69.4(3) of the Immigration Act. Its findings are entitled to great deference by the reviewing court. Indeed, the FCA itself has held that the standard of review as regards issues of credibility and relevance of evidence is patent unreasonableness: Aguebor v. Minister of Employment & Immigration (1993), 160 N.R. 315, at para. 4.

[29] In Fuentes, above, Justice François Lemieux stated at paragraph 84 :

84 It is trite law the Adjudicator can prefer documentary evidence over the testimony of a claimant but, the Adjudicator was bound to state in clear and unmistakable terms why it preferred the documentary evidence over the applicant's testimony (see Okyere-Akosah v. Canada (Minister of Employment and Immigration), [1992] F.C.J. No. 411 (F.C.A.). This the Adjudicator did not do.

[30] While the applicant has maintained that the MQM is not a terrorist organization and that it was only rogue elements that engaged in such activities, the Board preferred the documentary evidence to the testimony of the applicant. Contrary to the situation in Fuentes, above, in the present case, the Board’s preference for the documentary evidence was explained by its finding that the applicant lacked credibility. The Board member wrote:

Mr. Omer’s testimony, heard over several hours, lacks credibility. When he was questioned about the actions of his party or certain of its members and confronted with the documentary evidence reporting these actions, Mr. Omer was vague, tried to evade the questions, and initially denied any knowledge of the existence of such allegations, but a little later, reluctantly admitted that he [Translation] “might” have heard about them, the he [Translation] had “possibly” read about them in the newspapers … I think Mr. Omer knew what was happening in Pakistan in general and in his party in particular. …

Furthermore, Mr. Omer’s reasons for trying to hide that, in Canada, he is responsible (Unit in charge / M-17) for the Montreal section of the MQM/Canada lead me to believe that he knew that his party was committing many violent acts.

[31] Having reviewed the Board’s reasons in light of the evidence presented, I find that the conclusion of the Board to the effect that there are reasonable grounds to believe that the MQM is an organization that engages, has engaged or will engage in terrorism, is reasonable. While the Board did not provide a detailed analysis of the documents on which it relied, as was done with the Amnesty International report in Khan, above, it identified a series of acts attributed to the MQM which it considered to be evidence of terrorist activities, and noted precisely where in the documentation submitted this evidence could be found. The Board not only relied on a number of different documents, but also explained why it found the information to be credible. As in Khan, above, while the evidence relied on by the Board might be less than proof on a balance of probabilities, it is more than a “flimsy suspicion” and does appear to be based on compelling and credible information. As such, the decision of the Board is reasonable and the Court will not interfere with it.

[32] For the above reasons, this application for judicial review is denied.

[33] Neither counsel suggested any question for certification.

JUDGMENT

1. The application is denied;

2. No question for certification.

“Pierre Blais”

Judge


FEDERAL COURT

NAMES OF COUSEL AND SOLICITORS OF RECORD

DOCKET: IMM-5295-06

STYLE OF CAUSE: MOHAMMED KASHIF OMER v.

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING: Montreal

DATE OF HEARING: April 18, 2007

REASONS FOR: THE HONOURABLE MR. JUSTICE BLAIS

DATED: May 3, 2007

APPEARANCES:

Mr. Jean-François Bertrand FOR APPLICANT

Ms. Lisa Maziade FOR RESPONDENT

SOLICITORS OF RECORD:

Mr. Jean-François Bertrand

Montreal, Quebec FOR APPLICANT

JOHN H. SIMS, Q.C.

Montreal, Quebec FOR RESPONDENT


[Reproduced from http://decisions.fct-cf.gc.ca/en/2007/2007fc478/2007fc478.html]