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  • The Pakistani Vampire By Justice Katju

    The Pakistani Vampire By Justice Katju

    The Pakistan Army’s Role in Politics: Unveiling the Complex Dynamics and Economic Interests

    The Pakistani army has ruled Pakistan almost throughout its creation in 1947, either directly when there was martial law, or covertly under the figleaf of a civilian government ( as today ).

    Why is it that the Pakistan army does not withdraw from politics, and confines itself to the traditional role of militaries worldwide, i.e. defending the country’s borders, and helping the civilian government in time of civil disturbance ?

    To answer this question one has to delve into Pakistani history.

    Pakistan was created as an Islamic state in 1947. It was thought by its creators that what would keep it together was Islam.

    However, this proved to be an illusion.There were such tremendous differences in Pakistani society, between the Bengali East and those who lived in the West, between Sunni and Shia, Deobandi and Barelvi, Wahabi and Sufi, between Punjabis who being over 60% of the population soon became the dominant group, and the non-Punjabis who often felt suppressed , that the glue of Islam which was supposed to keep the country together, soon proved woefully inadequate.

    It was at this stage that the Pakistan military ( particularly the army ) came forward, and claimed that it alone was that glue by which Pakistan could survive in one piece. Remove that glue, and Pakistan will break into a hundred pieces ( or be devoured by its mortal foe, India )..

    Thus the army proclaimed itself to be the real saviour of Pakistan.

    However, the saviour said that since it was performing such a sacred function, it must be adequately financially rewarded by the nation..

    Ever since Gen Ayub Khan staged a coup in 1958, the army which directly ruled Pakistan for 30 years, and indirectly (under cover of a civilian leadership) for the remaining period, steadily spread its tentacles into almost every sector of the country’s economy — industry, agriculture and services. The military ruthlessly milked Pakistan’s economy, benefiting military personnel (particularly the senior officers) most of whom became multi millionaires, and some even billionaires.

    As pointed out by Eliot Wilson in his article ‘The military millionaires who control Pak Inc’ published in The Spectator, and by Ayesha Siddiqa in her widely acclaimed book Military Inc: Inside Pakistan’s Military Economy (she has also spoken about this in her video interview on YouTube), Pakistan’s economy is dominated by the military, which owns everything from fertilizer factories, bakeries, petrol pumps, banks, cement, hosiery factories, milk dairies, stud farms, golf courses, etc. Hundreds of commercial entities, worth over $20 billion, are owned and run by the military, which is allotted over 25 per cent of the national budget.

    The jewel in the military’s crown is the real estate sector. Ever since Gen Ayub Khan started the practice of allotting large tracts of prime land to military officers, the phenomenon has multiplied exponentially. Over 14 per cent of Pakistan’s land is owned by the military, mostly prime land in fertile Punjab and Sindh, which is in the hands of senior officers, serving and retired.

    Some very senior retired Generals are reportedly worth $3.5 billion. There are several housing societies whose land was given to military officers at highly subsidised rates. On retirement, a major general (who usually owns a Mercedes car) is expected to receive a present of 240 acres of farmland worth £550,000 ($673,411) as well as a residential plot worth £700,000 ($857,069).

    Many of Pakistan’s largest corporates are controlled by the military by opaque trusts. For example, the Fauji Foundation and Army Welfare Trust, the Shaheen Foundation (for the Air Force) and Bahria Foundation (for the Navy), which have penetrated into all sectors of Pakistan’s economy, and own and run hundreds of commercial enterprises — producing everything from cement, bakeries, fertilisers and cereal to running golf courses and stud farms. Thus, the Army Welfare Trust runs the Askari Commercial Bank (Pakistan’s largest lender), an airline, a travel agency, petrol pumps, and more.

    The Pakistan military is loath to disclose these details, and even asking questions about them is dangerous and taboo in Pakistan. A political leader who tries to curb this gargantuan scandal is soon ousted from power, for example, Bhutto (who was hanged) and Nawaz Sharif (who was jailed ).

    Journalists who investigate or raise these questions are often bumped off by the ISI — like Syed Saleem Shahzad, who investigated the link between the Navy and Al-Qaeda. Zahid Husain, who wrote an article in Newsweek documenting the military corporate and real estate empire that gave the senior officers enormous wealth, and lately, Arshad Sharif, who was mysteriously killed in Kenya.

    The senior lady lawyer who raised these questions, Asma Jahangir, was imprisoned and her family business targeted. Ayesha Siddiqa is surviving as she lives and works in London

    The civilian state institutions like Parliament, the Ministers, and the judiciary dare not question the military about this financial angle.

    As is evident from the above discussion, the Pakistan army (particularly its senior officers ) has acquired enormous wealth. It will naturally not wish to part with this.

    But it has a problem. The army no doubt has the gun, and so most people are scared of it. But, it knows it cannot rule by force alone. The people of Pakistan are mostly terribly impoverished, and the time may come when there may be a popular uprising against the army’s loot. So, the army has to have an enemy, towards which it can divert the people’s anger. This enemy is India.

    The Pakistan army portrays itself as the sole bulwark and sole saviour of the Islamic Republic against this enemy, and so it claims special rewards in the form of privileges and perks for doing its ‘patriotic duty’.

    From all that has been said above, it is evident that the Pakistan military for long has been having a merry feast, and like a tiger that has tasted blood, would naturally not like to be deprived of it. Even when the country is having economic difficulties, the military will not give up its benefits and amenities.

    If the Pakistan army effectively renounces politics, and subordinates itself to a civilian government, it will have to give up its economic vested interests ( mentioned above ), which it will be very reluctant to do. As was said by someone about the Roman Catholic Church ” It will readily give up 35 of its 36 principles, but fight tooth and nail before it gives up one-thirty sixth of its property ”.

    Also, it may be called on by its civilian masters to render accounts of its huge loot, something which it will undoubtedly find very unpalatable.

    For these reasons, and realising that it has the gun, and power grows from its barrel ( as the aphorism goes ), the Pakistan military will never really renounce politics. It has become a Vampire, which needs to drink the blood of the Pakistani people constantly for its survival.

    It is high time now that the mask of belonging to an an honourable profession be torn off from the faces of these looters and murderers, and they be exposed in their true colours as rapacious gangsters, who far from serving their country, only serve themselves, and survive by drinking the people’s blood, like vampires

  • Pak SC should stay all criminal proceedings against Imran Khan and set up a committee to investigate false FIRs : Justice Katju

    Pak SC should stay all criminal proceedings against Imran Khan and set up a committee to investigate false FIRs : Justice Katju

    Imran Khan has been granted 2 weeks bail by the Islamabad High Court today in the Al Qadir Trust case.

    Imran Khan has been granted 2 weeks bail by the Islamabad High Court today in the Al Qadir Trust case.


    However there are 121 cases registered against him, and the Lahore police has reached the Islamabad High Court, evidently to arrest him in connection with some other case.


    The Interior Minister Mr Sanaullah has said Imran Khan will be rearrested in connection with some other case if he is granted bail in the Al Qadir Trust case, and that is what Imran Khan too apprehends..

    The High Court has ordered that no authority will arrest Imran Khan till May 17th in cases filed against him before/after 9th May ( it is not clear which )..

    But there are many cases against him which were filed before 9th May, and there are 10 arrest warrants against him


    It is not clear from the information on the social media whether his arrest has been stayed till 17th May in all the 121 cases against him, or only in the cases filed after/before 9th May.


    While writing this article I contacted a friend in Islamabad, who said Imran Khan is still inside the Islamabad High Court building, though it is 5.45 pm there. Will he be arrested when he steps out is yet to be seen, and a piquant situation has been created, for which I blame the Pakistan Supreme Court.


    Yesterday I wrote an article in which I criticised the Pakistan Supreme Court for not granting bail to Imran Khan in excercise of its suo motu powers as well as Article 187(1) of the Constitution, and instead asking Imran Khan to go next day to the Lahore High Court for this purpose.

    Strange behaviour of the Pakistan Supreme Court Judges By Justice Katju


    The law of bail is well settled in India, and should be emulated in Pakistan ( if it is not already the law there ). Bail, not jail, is the normal rule, vide State of Rajasthan vs Balchand, 1977. This principle has been followed regularly thereafter by the Indian judiciary, e.g. vide Dataram vs State of UP, 2018.


    There is no credible evidence to show that Imran Khan was involved himself in acts of violence, heinous crimes like murder, dacoity or rape, or would abscond, or tamper with the evidence. Hence it would have been in the fitness of things that the Supreme Court should have passed two orders :


    (1) suo motu staying proceedings ( including arrest ) in all the 121 cases filed against Imran Khan, most of which are obviously concocted and fabricated.


    (2) setting up a committee of reputed lawyers of integrity not aligned to any political party to investigate which of these 121 cases were false, frivolous and/or fabricated.


    After the findings of this committee, criminal proceedings should have been ordered to be launched against those responsible for filing false, motivated, and concocted cases. If this is not done the authorities will have a free hand in launching hundreds of false and vexatious cases against someone they are inimical to, and wish to destroy, and he will be tied up all his life in fighting such cases.
    What then will happen to the right of liberty guaranteed by Article 9 of Pakistan’s Constitution ?

  • Strange behaviour of the Pakistan Supreme Court Judges By Justice Katju

    Strange behaviour of the Pakistan Supreme Court Judges By Justice Katju

    A bench of the Pakistan Supreme Court today declared Imran Khan’s arrest by the Pakistan Rangers, on a warrant of the NAB relating to a corruption charge regarding Al-Qadir Trust, illegal, and ordered his release.

    I agree that the arrest was illegal, though for reasons different from that given by the court. However, before I give my reasons, I would like to comment on the strange behavior of the judges on the bench hearing the case.
    From the internet it appears that on seeing Imran Khan in court, the Chief Justice remarked ” We are very happy to see you ” ( Aap ko dekh kar badi khushi hui )


    With great respect to Justice Bandial, this remark was totally uncalled for and unwarranted, and it tends to convey a wrong signal that the CJP and Imran Khan are buddies.
    Francis Bacon, a Lord Chancellor of England once remarked ” A much talking judge is like an ill tuned cymbal ”, and all judges should keep that in mind. The less they talk in court the better.
    There was widespread violence in Pakistan following Imran Khan’s arrest

    The CJP observed that he did not approve of the manner of the arrest.
    Now an act being improper, and it being illegal, are two very different things. The court can interfere only if it is illegal, and cannot interfere merely because it is improper.
    If the Pakistan Supreme Court regarded the arrest illegal, then it should have clearly mentioned in its order which specific law did it violate ? Is there any law in Pakistan which says no arrest can be made in a court building ? I doubt it. There is none in India, and the Pakistani Penal Code and Criminal Procedure Code broadly follow the law in India.


    After declaring the arrest illegal and setting Imran Khan free, the Pakistan Supreme Court directed him to appear the next day before the Islamabad High Court. What for ? If the arrest was illegal, why should he be made to appear in the High Court ? The Supreme Court should have itself granted him bail using its suo motu powers, as well as its power under Article 187(1) of the Constitution which states ” the Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it ”.


    Now I may give my own reasons why I regard the arrest illegal.


    Section 157 of Pakistan’s Criminal Procedure Code ( which is identical to section 157 of the Indian Cr.P.C. ) states :
    ” Procedure where cognizable offence suspected:

    (1) If from information received or otherwise, an officer incharge of a police-station has reason to suspect the commission of an offence which he is empowered under Section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police-report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the Provincial Government may, by general or special order, prescribe in this behalf to proceed, to the spot, to investigate the facts and circumstance of the case, and, if necessary, to take measures for the ‘discovery and arrest of the offender ”.


    The last few words in this provision clearly imply that arrest is not a must in every case. This is evident from use of the words ” if necessary ”. So if an investigation can be done without arresting a suspect, e.g. by questioning him at his residence or place of work, an arrest would be unnecessary and unwarranted, and would violate section 157.


    In India and Pakistan policemen who arrest a person are often complying with an order received from some higher police or political authority. Are they bound to carry out such an order? All arrests are not legal. What usually happens in India ( or Pakistan ) is that the moment an FIR of a cognizable offence is lodged in a police station, the police rush to arrest the accused.

    But what is the correct legal position?
    In Joginder Kumar vs. State of U.P. (AIR 1994 S.C. 1349), the Indian Supreme Court observed: “No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest, apart from his power to do so.


    Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person.

    It would be prudent for a police officer, in the interest of protection of the constitutional rights of a citizen, and perhaps in his own interest, to ensure that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest.


    Denying a person of his liberty is a serious matter. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence.

    There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Except in heinous offences, an arrest must be avoided if a police officer issues notice to person to attend the Station House and not to leave the Station without permission would do.”


    The last sentence is important, though usually ignored by policemen. In the same judgment, the Indian Supreme Court has observed that the power to arrest is a major source of corruption for the police, and that according to the Third Report of the National Police Commission, about 60 per cent of arrests in our country are either unnecessary or unjustified.


    The observations of the Pakistan Supreme Court are, in fact, in accordance with Section 157(1) of the Criminal Procedure Code, which I have quoted above.


    The CrPC deliberately uses the words “and, if necessary, to take measures for the discovery and arrest of the offender.” The caveat “if necessary” indicates that the law does not authorise the police to arrest a suspect in every criminal case. The reality in India ( and probably also in Pakistan ), however, is that the moment an FIR of a cognisable offence is lodged, the police rush in to arrest, ( and often demand money for not doing so ).


    The correct position in law is that they must refuse to carry out an illegal order, failing which the policemen concerned will themselves have to face severe criminal as well as civil penalties.


    In R. vs. Commissioner of Police for the Metropolis, ex parte Blackburn, (1968), Lord Denning observed that the police are under a duty to follow the law. It follows that if there is a conflict between the law and an order issued by an executive authority, the police must ignore the illegal order of the executive authority, however high.


    In the Nuremberg Trials held after the Second World War, the Nazi war criminals took the plea that they were only carrying out orders of their superior authority, Hitler. This plea, that ‘orders are orders ‘ was rejected by the International Tribunal, and many of the accused were sentenced to be hanged.


    So if a policeman gets an illegal order, whether from a higher police authority, or a political authority, it is his duty to refuse to carry it out, otherwise he will have to face criminal and civil liability. To make an illegal arrest is a crime (wrongful restraint and wrongful confinement) punishable under sections 341 and 342 I.P.C.


    A wrongful arrest is violative of Article 21 of the Indian Constitution, which guarantees life and liberty to all persons. In Deepak Bajaj vs. State of Maharashtra ( 2008 ) the Indian Supreme Court observed:
    “The purpose of Article 21 is to safeguard the liberty of the citizen which is a precious right not to be lightly transgressed by anyone.

    The imperative necessity to protect those precious rights is a lesson taught by all history and all human experience. Our founding fathers had lived through bitter years of the freedom struggle and seen an alien government trample upon the human rights of our citizens. It is for this reason that they introduced Article 21 in the Constitution ”.


    In Ghani vs. Jones (1970)1 Q.B. 693 (709) Lord Denning observed:
    “A man’s liberty of movement is regarded so highly by the law of England that it is not to be hindered or prevented except on the surest ground”


    This observation has been quoted with approval by the Indian Supreme Court in Govt. of Andhra Pradesh vs. P. Laxmi Devi J.T. 2008 (2) SC 639 (vide para 90).
    The above is the reasoning which I would have given in my order if I had heard Imran Khan’s case for quashing his arrest. I would have held that there was no need to arrest him, and he could be questioned by the police at his residence. Hence the arrest was illegal

    However, having said all this, I wish to applaud the Pakistan Supreme Court for having shown the courage to stand up for justice by setting aside Imran Khan’s illegal arrest, despite the atmosphere of fear, trepidity, and consternation prevailing in Pakistan

  • Undeclared martial law prevails in Pakistan By Justice Katju

    Undeclared martial law prevails in Pakistan By Justice Katju

    ”Tha shor maut se bacho bacho talwaar chali talwaar hali ”

    The above line from Hindi poet Shyam Narain Pandey’s epic poem ‘Haldighati’ succinctly expresses the situation prevailing in Pakistan today, where there is an atmosphere of fear, consternation, and presentiment.

    After former Prime Minister Imran Khan’s arrest on 9th May by the Pakistan Rangers, there have been protests in many cities in Pakistan by PTI supporters. These included attacks on army GHQ, Corps Commander’s residence, and military installations, as many people believed it was the army which ordered the arrest.

    It is very likely that indeed it was the army which ordered the arrest.

    However, the attack on army buildings and installations has provoked a strong reaction from the Pakistan army whose media wing, the ISPR, declared it as a “black chapter” in Pakistan’s history, and warned of strong action against the culprits and those behind them.

    Without naming Imran Khan’s PTI, the ISPR has clearly pointed to it and its leaders as those responsible for the violence.

    Consequently there has been a crackdown on the PTI, many of whose top leaders and workers have been arrested or are absconding.

    The PTI leaders have called for a countrywide protest against Imran Khan’s arrest

    However, after some initial response to this call, the protests have mostly died down, since the army has taken out its sword. As was said ” Sach achcha, par sach ke liye koi aur mare to aur achcha ”. Everyone values his neck.

    I submit :

    (1) The PTI, and its leaders, including Imran Khan are finished politically forever.

    The PTI was created in 1996 by Imran Khan, who worked assiduously to build it up for over 2 decades before it came to power in 2018. Now in a few months he has destroyed it by foolishly taking on the Pakistan army, which is the real power in Pakistan.

    (2) Undeclared martial law has now been imposed in Pakistan, and is likely to continue for quite some time.

    The real reason for Imran Khan’s arrest was obvious : of late he had given some intemperate statements severely critical of some senior officers in the Pakistan army.

    There is a dictum ‘power grows out of the barrel of a gun’, and in Pakistan the gun is with the army. So the real power in Pakistan is with the its army, which has ruled Pakistan, overtly or covertly, almost throughout its history.

    Speaking against it in public is extremely dangerous, and that is what has really led to Imran Khan’s arrest, not alleged corruption.I submit this arrest will not be confined to Imran Khan alone, but will immediately send several harsh messages throughout Pakistan :

    1. If Pakistanis want to remain healthy, they must never openly criticise the Pak army, otherwise they may be beaten up or end up in jail, like Imran Khan, or suffer worse consequences. This is despite the fact that the Pakistan army has looted Pakistan

    When Roman general Pompey the Great went to Sicily, the people of Sicily objected to his jurisdiction on the ground that it was against an ancient law of Rome. To which Pompey replied ” Dont quote the laws to us, we carry swords ”.So laws matter little when there is martial law, declared or undeclared

    2. Arrest of Imran Khan has sent a clear message from the Pakistan army to the Chief Justice of Pakistan & other judges to pipe down. Despite their earlier bravado, Justice Bandial & his companion judges will soon forget drawing contempt charges against those who defied their 4th April order ( that elections to the Punjab Assembly must be held on 14th May ), citing Justice Munir’s ‘doctrine of necessity’.

    All judges in Pakistan ( and civil servants ) will soon get the message that obeying the army’s orders blindly is the only way to remain safe and healthy.

    3. Many PTI members will soon quit the party, or duck for cover. Aspirants for membership must have now forgetten about it, realising that it may get them into trouble.

    4. Imran Khan’s arrest has sent a strong message to mediahouses and mediapersons who were supporting him to pipe down, or face the consequences

    5. And it has also sent a clear message to supporters of Imran Khan not to come out in protest on the streets in large numbers, otherwise a ‘whiff of grapeshot’ may be used to disperse them, as was done by Napoleon’s troops on the Paris mob in October 1795 on Vendemiare

    Facebook, twitter, and youtube are reportedly shut down in Pakistan.There will of course be a Prime Minister and civilian govt in Pakistan, but this will be just a fig leaf. Undeclared martial law has been imposed in the country.

  • The decision to arrest Imran Khan by Justice Katju

    The decision to arrest Imran Khan by Justice Katju

    Crucial decisions of the Pakistan army, the real rulers of Pakistan, are taken in the Corps Commanders conferences which are held regularly, and in addition whenever the army chief requisitions it. The meetings, which are closed door and highly confidential, are chaired by the army chief, who is a full general, and the participants are the corps commanders and principal staff officers, who are of the rank of lieutenant general. No one else is allowed to attend.

    The decision to arrest former Prime Minister Imran Khan was almost certainly taken in one of these meetings, but since they are always closed door and highly confidential, no one, apart from the participants, know what actually transpired.

    I have therefore used my imagination and written this fictional and hypothetical account of what occurred in the meeting.

    The Chairman, Gen Asim Munir, opens the proceedings.

    Gen Munir ” Gentlemen, we are meeting today to discuss the prevailing political situation in our country, particularly when it has taken such an ugly turn. I would request you gentleman to speak freely, and suggest what course of action should the army adopt ”

    Lt Gen X  ” Sir, may I have permission to speak ”

    Gen Munir ” Certainly X, say whatever you have in mind ”.
    Lt Gen X ” Sir, I may be pardoned for using strong language, and I want to make it clear that I am not in any way aligned with any political party, but some of the recent utterances of Mr Imran Khan, head of the PTI, about the army are highly objectionable and just not acceptable to anyone with self respect.

     I have discussed this matter with many of the participants in this meeting, and also with several other army officers, who are in agreement with me, and have asked me to be their spokesperson here.

    Mr Imran Khan has made false, baseless, and malicious statements publicly that Maj Gen Faisal Naseer of the ISI twice tried to get him murdered. He has also alleged that Gen Naseer was involved in the brutal killing of TV anchor Arshad Sharif in Kenya, and has said that Gen Naseer stripped Senator Azam Swati naked, and inflicted severe torture on him.

    Sir, we all know Gen Naseer, who has the highest character, and he would never do things like these. We regard allegations against him as allegations against all officers of the Pakistan army. If we do not do anything about this it means we admit being murderers ”

    Lt Gen Y ” Mr Imran Khan has also attacked our former chief Gen Bajwa and accused him of hiring former Pakistani ambassador to the US, Hussain Haqqaani, to lobby against him there ”

    Lt Gen Z ” Mr Khan has also claimed that then military establishment was in contact with the Pakistan Muslim League-Nawaz chief Nawaz Sharif to topple his government and the plot against him became clear following the removal of Lt Gen (retd.) Faiz Hameed as ISI chief in October 2021. He has alleged that Gen Bajwa was playing a double game, and he discovered later that even PTI’s members were being given different messages ”.

    Gen Munir ” Gentlemen, are you suggesting that we bump off Mr Khan ? I personally am not in favour of that ”Lt Gen X ” No sir, all we are suggesting is that Mr Khan be taken care of. Things cannot be allowed to continue like this. We too have our self respect. How long must we hang our heads in shame before the public ? ”

    Gen Munir ” O.K. I think we are all agreed on that. Mr Khan’s insults of Pakistan’s army have now crossed their limits. I suggest Lt.Gen X be made in charge of a task force to sort out Mr Khan ”Everyone agrees.

    Gen Munir  ” X, organise this task force as soon as you can, and take anyone from the army for this. There is already a NAB warrant for arrest of Imran Khan which we had covertly arranged for, but the police seems to be half hearted in executing it. Tell the head of the Rangers to do it within 48 hours. Tell him the army will not tolerate any excuses. 

    Also, tell the Chief Justice of Pakistan to order all judges not to release Imran Khan until the army permits. Tell him failure to do so will have very serious consequences for both him and any judge who orders Mr Khan”s release. 

    Anything further gentlemen ? ”

    No one replies.

    Gen Munir  ” Very well gentlemen, this meeting is closed ”

    Situation after Imran Khan’s arrest: Pakistan mein PTI officials ki dhadaadhad giraftariyan ho rahi hain. Pak fauj ne talwaar nikaal li hai. Ab maidan-e-jang se bhag jaane mein hi aqlmandi hai. Hindi nazm ‘Haldighati’ ka yeh misra yaad aata hai ”Tha shor maut se bacho bacho, talwaar chali talwaar chali”Work is said to be in progress to declare PTI a terrorist organisation. Having assiduously built up PTI from 1996, this moorkh Imran Khan has practically destroyed it within a few months by taking on the Pak army. To save their own skins, there will soon be a largescale exodus of PTI members from the party

    Disclaimer : “The views and opinions expressed here are those of the authors and do not necessarily reflect the official policy or position of the thenewscaravan.com

    Any content provided by our authors are of their opinion, and are not intended to malign any religion, ethnic group, club, organization, company, individual, or anyone or anything. The News Caravan values and welcomes diverse representations and opinions.”

  • What is going on in the Pakistan Supreme Court ?

    What is going on in the Pakistan Supreme Court ?

    I was a lawyer for 20 years in India and a Judge for another 20 years ( including being the Chief Justice of 3 High Courts and a Judge in the Indian Supreme Court ), but I can’t make head or tail of what is going on in the Pakistan Supreme Court.
    The hearing of the petition against postponement of elections of the Punjab and KP Assemblies is going on  for the last 4 days, and twice the bench hearing the case has been dissolved. The CJP Bandial has said there are no differences among the judges, a statement belied by the orders of his own colleagues, two of whom recused from the hearing..

    I simply can’t understand what is there for the Pakistan Supreme Court to decide ? The Pakistan Constitution says elections must be held within 90 days of dissolution of the Assembly. The Punjab and KP Assemblies had been dissolved on 18th January. Hence elections had to be held by 18th April, and so even the postponement of the elections to 30th April by the Election Commission of Pakistan was unconstitutional. How could they be further postponed to 8th October ? Is the ECP above the Pakistan Constitution ?

    I regret to say that the Pakistan Constitution is treated as a joke by the powers that be in Pakistan. For instance, whenever martial law was illegally imposed in Pakistan the Pakistan Supreme Court validated it by inventing an egregious, flagitious and disreputable ‘doctrine of necessity’, which is unknown to jurisprudence throughout the world.

    The performance of the present bench of the Court is equally debasing and scandalous. The Court should have dismissed the petition, as I would have done had I been on it, in 5 minutes by saying that elections must be held within 90 days of the dissolution of the Punjab and KP Assemblies. There was no scope for arguments about it. But instead a melodrama and comedy has been going on in the Court for the last 4 days, with lawyers, particularly those supporting the postponement of the elections, being permitted long winded arguments over a matter which really needed no arguments.

    I would often tell lawyers in my Court ” Be brief, be quick, and be off ”. The same should have been said by the Judges hearing the case.

    It seems evident that some elements in Pakistan are determined that no early elections be held in Punjab and KP, but what is particularly distressing is that the highest court in the land is, wittingly or unwittingly, collaborating in this egregious and deplorable design.

    Disclaimer : “The views and opinions expressed here are those of the authors and do not necessarily reflect the official policy or position of the thenewscaravan.com

    Any content provided by our authors are of their opinion, and are not intended to malign any religion, ethnic group, club, organization, company, individual, or anyone or anything. The News Caravan values and welcomes diverse representations and opinions.”

    Author : Justice Markandey Katju is former Chairman , Press Council of India and former Judge , Supreme Court of India.

  • The notice to Neha Rathore under 160 Cr.P.C. is clearly illegal – Justice Markandey Katju

    The notice to Neha Rathore under 160 Cr.P.C. is clearly illegal – Justice Markandey Katju

    The notice to Neha Rathore under 160 Cr.P.C. is clearly illegal, as explained below.

    Section 160 states :

    ” Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:

    Provided that no male person under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person shall be required to attend at any place other than the place in which such male person or woman resides ”.

    Neha Rathore was in Delhi when the notice was sought to be served on her by the police of police station, Akbarpur, district Kanpur Dehat.

    But a plain reading of section 160 shows that the police of police station Akbarpur, Kanpur dehat could only have served a notice under section 160 on a person within the territorial limits of police station Akbarpur, Kanpur Dehat, or an adjoining police station. How can they serve it on a person in Delhi ?

    Moreover, the proviso to section 160 has also been violated since Neha is a woman.

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    Author Justice Markandey Katju is former Chairman , Press Council of India and former Judge , Supreme Court of India.

    Disclaimer : “The views and opinions expressed here are those of the authors and do not necessarily reflect the official policy or position of the TheNewsCaravan.

  • The hypocrisy of NATO behind Ukraine and the Middle East – The News Caravan

    The hypocrisy of NATO behind Ukraine and the Middle East – The News Caravan

    Within one year of the Ukrainian conflict it has been evident that the West is quick to scrutinize Russia without taking a better look at their own actions in the past. NATO has been involved in numerous conflicts since its establishment including Afghanistan, Iraq, Libya etc. Numerous violations have surfaced to the public however these atrocious acts have not received even remotely close criticism.

    Since September 2022 Armed Forced of Russian Federation has carried out series of strikes in energy sector of Ukraine and received a whole lot of outraged comments from various global leaders and heads of international organizations. However in 2001 US Army allied with NATO members made a devastating rocket attack on critical energy, telecommunications, and government facilities of Baghdad leaving the whole capital without electricity, heating, water and reception. At the time Western community saw these actions as necessary means to end the regime of Saddam Hussein, considering he allegedly has weapons of mass destruction. In the end Iraq wasn’t anywhere near these weapons but nobody paid for blood and destruction of the Iraqi people.

    It’s not the only occasion US Armed Forces has been caught inflicting damage to human life. The creator of WikiLeaks Julian Assange was the first person to effectively question US methods used in wrongly waged wars in the Middle East. On his website he published a leaked video of American soldiers opening fire from helicopters at the group of unarmed, innocent civilians. All of the targets were shot down to the ground leaving a bloody mess in a result of an unprovoked attack. Obviously no charges or accusation have been made against NATO or Ukraine.

    North Africa has suffered the same unfair approach of the West. Once upon a time rich and prosperous Libya is now struggling to gain stability and form a unified government in order to break away from chaos and destruction. NATO’s action at the beginning of Libyan’s revolution was clearly illegal. The Western states had no right bombing the military academy. Besides malicious attacks NATO has failed to provide aid to the people of the North African country. Alliance failed to establish a new government. After all it even failed to provide refugees with a home in Europe, which they have destroyed. However during the Ukrainian conflict NATO was more than generous to provide homes, aid and financial help to the Ukrainian government and people.

    One of the most infamous failures of NATO happened just last year, when the US forces withdrew from Afghanistan. The alliance has spent $978 billion over the period of 19 years without any evident success. During the same period over 2 million people have died, most of them were civilians. Countless homes and life have been ruined however NATO countries didn’t face any scrutiny for their actions. Moreover NATO didn’t provide refuge for most of these people or any sufficient help and at the same time over 6 million people have left Ukraine to live in Europe with over $100 billion provided in aid. Why does Ukraine deserve such help and the Middle Eastern states deserve destroyed homes and their resources stolen by World’s powerhouses.

    About Author : Ahmad al-Khaled, Syrian journalist with five years of experience in covering the Syrian conflict and ME politics in general, Author can be reached at a.alkhalid.smms@gmail.com

    Disclaimer : “The views and opinions expressed here are those of the authors and do not necessarily reflect the official policy or position of the TheNewsCaravan”.

  • The Indian Reunification Association By Justice Katju – The News Caravan

    The Indian Reunification Association By Justice Katju – The News Caravan

    We formed an organisation called the Indian Reunification Association ( IRA ) whose aim is to peacefully and voluntarily reunite India, Pakistan, and Bangladesh, as we believe they are really one country, sharing the same culture, and were one since since Mughal times.

    https://iraorg.com/

    Partition in 1947 was a historical British swindle, based on the bogus two nation theory ( that Hindus and Muslims are two separate nations ), whose aim was to keep Hindus and Muslims fighting each other, so that we remain weak, and united India does not emerge as a modern industrial giant ( for which it has all the potential ), like China, and our industry does not become a big rival to Western industries.

    However, we are bound to reunite one day ( like West and East Germany, which were partitioned in 1945, but were reunited in 1990 ) under a secular government and patriotic, modern minded leaders determined to rapidly industrialise and modernise the country and ensure that our people have a high standard of living and decent lives.

    Despite creation of the IRA, hardly any Pakistani joined us, although we are absolutely convinced of the truth of our idea, and I often wondered why. Then a Pakistani informed me the reason.

    There is a provision in the Pakistan Penal Code viz section 123A which states :

    ” Condemnation of the creation of the State, and advocacy of abolition of its sovereignty:

    (1) Whoever, within or without Pakistan, with intent to influence, or knowing it to be likely that he will influence, any person or the whole or any section of the public, in a manner likely to be prejudicial to the safety 2[or ideology] of Pakistan or to endanger the sovereignty of Pakistan in respect of all or any of the territories lying within its borders, shall by words, spoken or written, or by signs or visible representation abuse Pakistan or, condemn the creation of Pakistan by virtue of the partition of India which was effected on the fifteenth day of August, 1947, or. advocate the curtailment or abolition of the sovereignty of Pakistan in respect of all or any of the territories lying within its borders, whether by amalgamation with the territories of neighbouring States or otherwise, shall be punished with rigorous imprisonment which may extend to ten years and shall also be liable to fine.”

    Thus, Pakistanis who join the IRA may be sent to jail for 10 years, and it is obviously this fear which keeps them away from the IRA, ( apart from the fear from religious extremists ), though I am sure a large number of them agree with us in their hearts. The same fear may be among Bangladeshis, some of whom initially joined us, but later withdrew.

    However, as the great French writer Victor Hugo said ” There is one thing more powerful than all the armies in the world, and that is an idea whose time has come ”.

    The idea of Indian reunification is an idea whose time has come. India, Pakistan and Bangladesh are all in an economic mess, with massive poverty, high unemployment, skyrocketing prices of essential commodities, lack of proper healthcare and good education for the masses. One of the major causes of this is that we waste our precious resources in fighting or animosity with each other, instead of pooling them for rapid advancement.

    I am confident that the idea of reunification will gradually spread in Pakistan and Bangladesh too, as it is based on truth. Satyamev Jayate.

    When the Polish scientist Copernicus ( 1473-1543 ) propounded his heliocentric theory in 1543 ( that the earth goes around the sun ) in his treatise ‘ De revolutionibus orbium coecestium ‘, his theory met with strong opposition ( particularly by the Church ) for a long time by supporters of the geocentric theory ( that the sun goes around the earth ), as the geocentric theory was laid down in in the Bible. But since the idea was truthful, it ultimately was accepted by all.

    Similarly, since the idea of Indo-Pak-Bangladesh represents the truth, it is ultimately bound to prevail, and the Berlin Wall between us is bound to come crashing down one day.

    P.S.

    I am the patron of IRA ( justicekatju@gmail.com ), Indervansh Chadha ( harindrealtors@gmail.com ), a Sikh based in Jalandhar is its Chairman, and Irfan Pullani ( pullaniirfan@gmail.com ), a Keralite Muslim is its Gen Secy.

    We have established state units in almost all states in India. Presently our activity is only spreading the idea of reunification. Later, when the idea becomes widespread, as it is bound to be as it is based on truth, people will find out ways and means of peaceful reunification, using their creativity

  • The BBC commentary on Modi

    The BBC commentary on Modi

    By Justice Katju

    The central government has blocked youtube and video tweets showing the BBC commentary on the Gujarat riots.

    Is this restriction valid ?

    In this connection the judgment of the celebrated Justice Louis Brandeis of the US Supreme Court in Whitney vs California ( 1927 ) is noteworthy :

    ” Fear of serious injury cannot alone justify suppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears. To justify suppression of free speech there must be reasonable ground to fear that serious evil will result if free speech is practiced. There must be reasonable ground to believe that the danger apprehended is imminent. There must be reasonable ground to believe that the evil to be prevented is a serious one. Every denunciation of existing law tends in some measure to increase the probability that there will be violation of it. But even advocacy of violation, however reprehensible morally, is not a justification for denying free speech where the advocacy falls short of incitement and there is nothing to indicate that the advocacy would be immediately acted on. The wide difference between advocacy and incitement, between preparation and attempt, between assembling and conspiracy, must be borne in mind. In order to support a finding of clear and present danger it must be shown either that immediate serious violence was to be expected or was advocated, or that the past conduct furnished reason to believe that such advocacy was then contemplated ”.

    He went further to say :

    ” Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty. To courageous, selfreliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present, unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion. If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence ”.

    This judgment should be considered by our courts if there is challenge to the restriction.

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    Author Hon’ble Justice Markandey Katju is former Chairman, Press Council of India and former Judge, Supreme Court of India.

    Disclaimer: The views expressed in the article above are those of the authors’ and do not necessarily represent or reflect the views of this publishing house.