I am woman, hear me roar

May 2, 2008

Campaign to save the judiciary

Filed under: Pakistan, Pervez Musharraf, Politics — Nabiha Meher @ 11:52 pm

A high level meeting of Pervez Musharraf, PML-Q led by former Interior Minister Faisal Saleh Hayat and Musharraf’s legal team, led by Sharifuddin Pirzada took place at the President’s house today. A source privy to the meeting informed us about the possible plans to derail the restoration of the judges that were discussed in today’s meeting. Suggestions included having a stay order against the working of the parliament, offering money and black-mailing members of PML-N and PPP (reminder: Faisal Saleh Hayat was a PPP member but joined PML-Q after having his multiple murder and corruption charges dropped). The judges have been promised to be restored by Nawaz Sharif by the 12th and we must actively oppose all possible moves to derail the process.

This is where we need your help. A few emails, sms-es and calls on your part can greatly help Pakistan and further the cause for the restoration of the only independent judiciary of Pakistan.

2) Contact the people in the meeting, urging them not to conspire against the judiciary:

Sharif uddin Pirzada (responsible for all the coups in Pakistan):
051-4440483

Attorney General Malik Qayyum (complicit in Nov 3’s act of treason):
0300-8456118

Faisal Saleh Hayat (charges dropped against him even before NRO)
051-9224578      0300-8444798

Ahmad Raza Qasuri (of black spray-painted face fame)
0300 9558217                    051 2654762

2) Get the message through to Musharraf to STOP interfering with our judiciary and parliament:

Ideal person to contact:

Bilal Musharraf:
(note Bilal has only been selected because he has been actively supporting his father’s actions of Nov 3rd and has been trying to misrepresent the act of treason committed by Pervez Musharraf at many gatherings in San Francisco Bay Area, especially at Stanford University).

Email: bilal@eplanetventures.com
Cellphone: +1-650-861-0229

Through his friends:

Mushaid Hussain Syed          0300-5006056
Ch. Shujjat Hussain              0300-5157029
Muhammad Ali Durrani          0300-8453883
Sheikh Rasheed                   0300-8554242
Wasi Zafar                           0301-3001720


ISPR:

Director General ISPR
Major General Athar Abbas Tel Office : 0092-51-9271600
Tel Office : 0092-51-56130041
Fax Office: 0092-51-9271682
Tel Home : 0092-51-9273379
Tel Home : 0092-51-56132209
Cell : 0302-8555741
Email: abbasathar@hotmail.com

dg@ispr.gov.pk

Directly:
Pakistan Secretariat
Fax: 92 51 9224 768 / 9221422
Phone (+92)(051) 9202750, 9202752-3
Email: president@pak.gov.pk

Aiwan-e-Sadar,
Islamabad, PAKISTAN
FAX: +92 051 920-1893/1835 or 4632

Chief of Army Staff House,
Golf Road, Rawalpindi

051-5556822
CE@pak.gov.pk,

You can also get the message to him through his secretary:

PR Secretary
Colonel Hassan    PRO President    0300-8555569

To send a COMPLETELY anonymous email, use the following program:
http://anonymouse.org/anonemail.html

3) Spread the message:
As always spread this like wild fire.

Feel free to publish this on ANY BLOG as long as you give the mailing list link (so more people can subscribe)

In solidarity

Ryzwan

Restore the Judiciary NOW

Join the Mailing List:
http://lists.hcs.harvard.edu/mailman/listinfo/emergency

Emergency Times:
http://pakistanmartiallaw.blogspot.com/
______________________________

March 3, 2008

Application for registration of FIR against Musharraf and others

Filed under: Human Right's Violations, Pervez Musharraf, Politics — Nabiha Meher @ 11:42 pm
Tags:
   AFRIDI, SHAH & MINALLAH
Advocates & Legal Consultants
24th, 1st Floor, Beverly Center ,Blue Area, Islamabad.
Tele Nos:  2278253-4  Fax: 2278257

March 3, 2008

The SHO,
Police Station,
Secretariat,
Islamabad.

REGISTRATION OF CRIMINAL CASE AGAINST GEN ® PERVAIZ MUSHARRAF, MINISTER OF INTERIOR, SECRETARY INTERIOR, CHIEF COMMISSIONER ISLAMABAD, IGP ISLAMABAD, SSP ISLAMABAD, DC ISLAMABAD AND OTHERS FOR KEEPING THE CHIEF JUSTICE OF PAKISTAN JUSTICE IFTIKHAR MOHAMMAD CHAUDHRY, OTHER HON’BLE JUDGES AND THIER FAMILIES UNDER/IN WRONGFUL RESTRAINT, WRONGFUL CONIFINEMENT, COMMITTING CRIMINAL TRESSPASS, CRIMINAL INTIMIDATION,  ETC PUNISHABLE UNDER THE PAKISTAN PENAL CODE 1860 READ WITH OTHER ENABLING PROVISIONS.

We have been authorized and instructed by the respective Presidents of the High Court Bar Association, Rawalpindi Bar Association and Islamabad Bar Association to submit this application for registration of a criminal case under the relevant provisions of the Pakistan Penal Code and other enabling provisions. It is, therefore, stated as follows;

1.    That on March 9, 2007 the then Chief of Army Staff, General Pervaiz Musharraf attacked the independence of the judiciary by illegally using the State machinery to criminally intimidate, coerce, threaten and assault the Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry so as to illegally force him to resign from his office.

2.    That on refusal to succumb to the illegal pressure and subjugate the independence of the judiciary, the Chief Justice of Pakistan was taken into custody and kept in illegal confinement and house arrest with the other members of the family for more than two weeks. The officials of the intelligence agencies and the administration at the behest and on orders of General ® Pervaiz Musharraf trespassed the official residence of the Chief Justice and kept him and the members of his family confined to two rooms within the residence.

3.    That General ® Pervaiz Musharraf publicly confessed and regretted the illegal and wrongful restraint and confinement.

4.    That on July 20, 2007 a thirteen member bench of the Supreme Court honourably restored Justice Iftikhar Mohammad Chaudhry as the Chief Justice of Pakistan and held that the allegations in the Reference were malafide, illegal and unconstitutional. It is important to note that the  evidence relating to the purported allegations in the reference had been withdrawn and the lawyers representing General ® Pervaiz Musharraf and the Federation tendered apologies before the Supreme Court and the Bench of the Supreme Court imposed a fine of Rs. 100,000/- against the Federal Government.

5.    That in a shameless act of revenge solely for his personal ego, General ® Pervaiz Musharraf committed high treason on November 3, 2007 when taking advantage of his position as the Chief of Army Staff, he issued an illegal and unconstitutional Proclamation of Emergency and a Provisional Constitutional Order. He, thereby not only committed high treason under Article 6 of the Constitution but also conspired to bring the Pakistan Army into disrepute merely for his personal gain and ego. He attacked the independence of judiciary yet again and the integrity and sovereignty of Pakistan as well.

6.    That on November 3, 2007 a seven member bench of the Supreme Court headed by the Chief Justice of Pakistan suspended the Proclamation and the PCO. The authorities were restrained not to act in pursuance of the Proclamation or the PCO and held any act performed thereunder as illegal and unconstitutional.

7.    That General ® Pervaiz Musharraf taking advantage of being the Chief of Army Staff and in flagrant violation of his oath as a member of the armed forces criminally abused his authority by taking control of the Supreme Court in the evening of November 3, 2007 through the law enforcement agencies. The Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry and other Hon’ble Judges, except five who agreed to collaborate in this heinous crime, were taken into custody. The acts and omissions are also contempt of the Supreme Court. This also is contempt of the Supreme Courts order dated November 3, 2007.

8.    That the officials of law enforcement agencies and the administration of Islamabad Federal Capital Territory at the behest of and on instructions from General ® Pervaiz Musharraf criminally trespassed the official residence of the Chief Justice of Pakistan and other Hon’ble Judges of the Supreme Court. The Chief Justice and the judges, along with their families, were wrongfully confined and restricted in their respective official residences so much so that the outer doors were padlocked and chained. Barbed wires were put all around the residences and the roads leading to the judicial colony were also barricaded and barbed wires were placed.

9.    That the eighteen year old daughter of the Chief Justice of Pakistan i.e Ifra Iftikhar was not allowed to leave the residence for taking his “A” Level examinations.

10.    That eight year old physically challenged son of the CJP, Ballaj Iftikhar, who has been termed as the ‘Youngest Political Prisoner” by local as well as international media has not even been allowed to come out to the garden of the residence let alone allowing him to attend the school.

11.    That sixteen year old Palwasha Iftikhar a student of ‘A’ Level has also not been allowed to leave the residence and attend her school.

12.    That Justice Sardar Raza Khan, Justice Shakirullah Jan and Justice Nasir-ul-Mulk also remain under wrongful restraint and confinement.

13.    That General ® Pervaiz Musharraf and on his instructions and his behest the Minster of Interior, Secretary of Interior, Chief Commissioner Islamabad, IGP Islamabad, SSP Islamabad, DC Islamabad and other collaborators have committed offences, inter alia, punishable under the Pakistan Penal Code.

You are, therefore, advised to forthwith register a FIR against the above named offenders under sections 338, 334, 341, 344, 441, 442, 503, 506, 107, 102-A and other enabling provisions failing which further legal proceedings shall be initiated.

For the applicants
President High Court Bar, Rawalpindi.
President District Bar, Islamabad.
President District Bar, Rawalpindi.

Through

(ATHAR MINALLAH)

# 24, 1st Floor, Beverly Centre,
Blue Area,
Islamabad

February 17, 2008

I’m prepared

Filed under: Events, Pakistan, Politics, Violence — Nabiha Meher @ 4:58 pm
Tags:

I’m prepared for the violence that will inevitable ensue after the elections. I’m prepared for a rigged result in favour of the PML-Q. I’m prepared for the state brutality- the torture and mindless killings that will take place- shoot at sight orders have been given, and they will be abused. I’m prepared to stay at home and watch. I refuse to part of violent mobs. I’m prepared to cry. I’m prepared to wonder, yet again, if there is any hope.

But I’m hoping it won’t be that bad. I’m wishing that PML-Q doesn’t win. I’m praying that my country doesn’t descend into chaos. And more than anything else, I’m hoping that Musharraf will leave, or be made to leave. I’m going to keep hoping, wishing and praying now. There’s nothing I can do but watch.

February 11, 2008

Hum Logge 9 February, 2008

Filed under: Events, Pakistan, Politics, Violence — Nabiha Meher @ 8:05 pm
Tags: ,

The Hum Logge protest rally was by far the most incredible rally we’ve had so far. The response and turn out was astounding. Over 1000 people came together from all over Pakistan to demand the restoration of the judiciary. What was most incredible for me was the fact that people were united under one flag: our flag. Of course, there were a few bad eggs like people who insisted on carrying a black flag; the communists and Tehreek-e-insaaf also should have carried the Pakistani flag in solidarity.

We started at Nehar Ghar in Zaman Park at 7 am. Before leaving, we issued media statements etc. Then, a procession of about 20 cars and 2 buses left for Islamabad via the Grand Trunk road. Every car had stickers of the Pakistani flag, as well as a small flag. On the way we stopped at Gujranwala where many lawyers joined us. The reception we received was very warm and tons of people gathered on the streets to hear Bushra Aitzaz speak. Everyone was shouting “Go Musharraf go!” There was a lot of energy and solidarity. We were off to a great start.

Our next stop was Gujrat where we had lunch. More lawyers joined us and we went straight to Islamabad. On the way, people were waving and flashing victory signs. The Islamabad organiser, Kamil Hamid, was calling me frantically since we were pretty late! We had aimed to reach there by 2:30, but we got there at 4 instead. On the way to Aitzaz Ahsan’s house, we noticed that the police had set up barricades all over the Supreme Court. We were originally supposed to go there, but we had to change our venue and decided to go to the Chief Justice’s house instead. When we got to the gathering point, I was stunned by the amount people who kept pouring out from all over- from inside the house, from the street. I only realised just how many people there were once we started the rally. Again, the energy and solidarity was incredible and I salute all the brave people who came to this event.

the-beginning-of-the-rally_opt.jpg

rally2_opt.jpg

As soon as we got close, they started spraying us with water. We all thought it was tear gas, so I started taking videos before running. Then we discovered it was water. They were hosing us down. The fire department- I repeat- the fire department was not attending to actual and real fires; they were being used to fend off protestors. This in a country where water is scarce- very scarce. Because it was just water, people kept going. They kept marching. One man stood right in front of the water with his arms extended. That’s when they started pelting us with stones. But people kept going.

Water

water_opt.jpg

Within a few minutes, they gassed us with some poison. It definitely wasn’t tear gas. I was retching and couldn’t breathe. My skin was stinging for a whole day afterwards. My mouth still feels like someone has scraped it with a knife.

teargaspoison_opt.jpg

The gas didn’t deter many people though. Some people were picking it up and throwing it right back at the police. People just kept going. They urged everyone to keep going, but I was just not ready to face that poison again.

more-aftermath_opt.jpg

And the police were brutal. After watering us, throwing stones at us, and gassing us with poison, they started firing rubber bullets. They baton charged and beat the crap out of people. They arrested people who were receiving treatment in hospitals. Details of an eye witness account are available here and here.

And lastly, the blog is now white. I can finally put pictures up here so it’s here to stay!

February 5, 2008

Hum Logge- A rally on 9th February, 2008

Filed under: Events, Pakistan, Politics — Nabiha Meher @ 8:12 pm
Tags: ,

Today Pakistan stands at the crossroads of chaos and instability. The events of November 3rd, and December 27, 2007, have had a devastating affect on our nation, the Balkanization of which is now a very likely future scenario. The gravity of the situation demands that we, the people of Pakistan, stay united and work for the restoration of our judiciary, which can restore order to our nation. In the wake of rising provincial disharmony and the judicial crisis, Hum Logge has organized a plan to rally under the flag of Pakistan for solidarity on February 9th, 2008 from Lahore to the capital, Islamabad, via the G.T. road.

“Hum Logge” consists of organizers, in consultation with the Leaders of the Bars and major political parties, who are advocates of civil rights, the independence of judiciary, and a restoration of democracy. The parties will participate in the rally for a national cause since they too stand as a symbol of the Federation. We will rally with full support and enthusiasm from all classes of people (awam: the real people), the Leaders of the Bars and other participants including WAF (Women Action Forum), HRCP (Human Rights Commission of Pakistan), CCP (Concerned Citizens of Pakistan), the members of various NGOs, local civil society groups, SAC (Student Action Committee), and most importantly, the most marginalized citizens of this nation, who are the real voters. Hum Logge- We, the people, ARE the government. United we stand to make our voice heard.

Objectives:

The rally aims to reiterate the people’s demands for the restoration of the judiciary, free and fair elections for democracy, and to show solidarity amongst the four provinces in order to move the country away from the prevailing, vulnerable situation. It’s time to work together for the solidarity of our country.

We will join our brethren in Islamabad and together march towards the Supreme Court so that we can influence the present regime to meet our demands. We aim to show solidarity with judicial leaders who are acting players for the suppressed of the country, and who are fighting for the independence of the judiciary, civil liberties, freedom of democracy, a free media, and a society rid of atrocities and tyranny.

We anticipate everyone’s involvement and request that all individuals and organizations send their delegations as representatives in large numbers to show strength, power and the struggle of the people of Pakistan for their rights and for democracy.

This is for PAKISTAN and for ALL Pakistanis. It does not matter who you are and what your affiliations are. We ONLY want the Pakistani flag here, be it in the form of the flag itself, stickers, banners, etc. We want to focus on unity instead of the minor differences in agenda that we may have. Now is the time to unite.

We would also be obliged if people can donate cars for transportation to Islamabad. Please do register your cars with us and confirm the number of people you will be bringing along with Bina Qureshi. Please contact Bina Qureshi and Nabiha Meher in Lahore, and Kamil Hamid in Islamabad for any details and information.

UNITED WE STAND FOR A SOLID PAKISTAN.

Looking forward,
Bina Qureshi
Team leader
Phone number: 0300-8412435
Email: images_help@yahoo.com

Nabiha Meher:
Phone #: 0308-4579807
nabihameher@gmail.com

Kamil Hamid:
Phone #: 0345-5104892
kamilhamid@gmail.com

February 4, 2008

Protests: 2nd and 3rd Feb

Filed under: Events, Pakistan, Politics — Nabiha Meher @ 7:12 pm
Tags:

First of all, this blog is now black because well… I got tired of the narrow columns of the green one. It’s also appropriate. It just is.

The rally on the second at Nasir Bagh was a mega-event! Thousand of people united to demand the restoration of the judiciary. The parties and groups put aside their petty difference and united to voice their dissent. Aitzaz Ahsan came and spoke before leaving for the airport where he was re-arrested. Unfortunately, I couldn’t stay very long, but I managed to take a few pictures and a video. This blog is refusing to cooperate with me, so those who want to see the pictures, they are on facebook here. And the video is here.

Yesterday, on the third of February, there was a protest outside Aitzaz Ahsan’s house. It was also a very interesting event. The pictures are here.

This is a video of a lawyer. It’s really, really good. I will write the transcript and then translate it soon.

And this is just adorable. Here’s a child appealing for freedom.

I apologise to those who aren’t on facebook. I’m not sure, but I think you may be able to see them without having an account since I’ve made them visible to everyone. I will put up pictures on this blog as soon I can figure out how to fit them!

With extreme prejudice?

Filed under: Human Right's Violations, Pakistan, Politics, Violence — Nabiha Meher @ 4:19 pm
Tags: , , ,

On two consecutive days, 1st and 2nd February, the staff (security personnel as well as faculty members) of Punjab College, Muslim Town have tried to deny the rights of free speech and of free association of pro-democracy activists, and members of the Student Action Committee (SAC) Lahore - even going to the extent of brutal, un-restrained physical assault. In the face of this practical demonstration of the fascist attitudes nurtured in the so-called institutes of higher education that constitute the Punjab Group of Colleges, owned and run by the Nazim (Mayor) of Lahore, Mian Amir Mehmood, the activists have shown a remarkable degree of calm and fortitude, refusing to be provoked, and yet refusing to bow down to the dictates of the civilian collaborators of Army rule.

As already reported in some newspapers (e.g. Dawn), on Friday 1st February, Raheem-ul-Haque (adjunct faculty at Punjab University, former Project Manager at Techlogix) and Saeeda Diep (a veteran political, and not merely social, activist) were distributing flyers on the public side-lane in front of the two sections of the segregated Punjab College. The flyers, published by the Students Action Committee, laid out the basic demands of the Committee and also urged students to join hands with other sections of the public in a protest demonstration in Nasser Bagh on Saturday, the 2nd. The two activists were handing out flyers to all the students, boys and girls, consistent with their belief that information and debate are as much the right of women as of men. While Raheem was distributing some flyers outside the girls’ section of the college, he leaned over the chain at the exit and handed a few to some students standing there. He then continued distributing the pamphlets to other students as they left for home or arrived for class. It is important to note two things here: at no point did either Raheem or Diep trespass on the private property of the college, unless, of course, in his extraordinary legislative zeal, the President decides to declare into existence a new law against aerial trespassing, “Thou shalt not lean into, or otherwise violate the airspace of, another’s property”; not a single student had actually complained against the actions of the pro-democracy campaigners.

Soon thereafter, one of the security guards employed by the College told Raheem to stop handing out the flyers. Raheem defended his acts, saying that he was well within his rights to do as he pleased in a public space and that he was distributing flyers to the girls in the same way that he was distributing them to the boys. The guard slapped Raheem. Instead of hitting back, Raheem asked him why he’d hit him. He got two more punches for his trouble - this time the guard broke his spectacles. Again Raheem tried to reason with the guard, protesting that he was not doing anything wrong. He then walked over to consult with Diep. The guard followed, and the ensuing discussion quickly heated up with the guard pushing Diep and insulting both activists in abusive language. People gathered around them, which prevented the guard from following up his verbal threats with further physical aggression. Realizing that the situation could spiral out of control, some staff members from the College extricated the guard from the crowd.

Incensed and humiliated, the two activists decided to bring this action to the notice of the larger public. Some friends and one reporter arrived on the spot in short order. At this point, the group decided to report the matter to the police. At the nearby Muslim Town police station, which is also the office of the Superintendant Police Saddar Division, the police hummed and hawed for two hours before finally announcing that they needed a medico-legal report from the nearest government hospital. The physician at Jinnah Hospital diagnosed a perforated left ear drum and prescribed some antibiotics. Armed with the report, the group headed back to the police station, where they were informed that such an injury, not visible to the naked eye, was not serious enough to be the subject of their hallowed “First Investigation Report” (FIR)!

That evening, members of the Students Action Committee gathered outside Aitezaz Ahsan’s house to celebrate his release, prepared a press release and vowed to go back the following day to the same college to concretely demonstrate the strength of their resolve.

The next day, Hassan Rehman (FAST-NU graduate student) and Umayr Hassan (FAST-NU faculty member) accompanied Raheem-ul-Haque and Saeeda Diep to Punjab College. They arrived at 11.30 AM and started handing out the flyers urging students to attend the protest demonstration that would start in a few hours time. It seemed that they had proven their point and were about to disperse (in fact, Hassan Rehman had already left) when the Principal of the College arrived in his black Mercedes. Some of the security guards (there were at least ten of them in total) called Raheem to meet the Principal. Raheem and Diep - infuriated - argued with him that their guards had no right to tell them what to do on public property and that, in fact, they (the College) was illegally encroaching upon public property (the green belt between the service lane and the main road serves as a parking lot for the College). Raheem mentioned that he had taken several photographs of the encroachment. Another SAC member, Shehryar (software engineer by profession) arrived while the argument was going on.

At some point, as he leaned either to say or after having said something to the Principal, the Principal grabbed Shehryar by his collar and then told the guards to thrash him. All of the guards fell upon Shehryar, punching, slapping, and then picking him up to be taken inside the College premises. Diep and Raheem went to save Shehryar and were similarly assaulted. Diep was dragged along with Shehryar while Raheem and Umayr were slapped and pushed into the premises through another gate.

Inside their offices, the four were forced to sit on the sofa and not allowed to go out. Raheem, infuriated, railed against the teachers present, who either remained silent spectators or told the activists to shut up or taunted their professionalism or called them Indian agents/NGO people. They claimed they were puncturing car tires and instigating students inside the campus. A female teacher suggested that Diep (being a female) could accompany her elsewhere - Diep angrily refused. Shehryar struggled against the goon squad and was beaten again. The other three tried to protect him as Raheem was punched and his nose started bleeding profusely. Diep tried calling Usman Gill (SAC activist and recent graduate from FAST-NU) and while she was talking to him, the guards tried to confiscate her cell phone - Diep refused but could not complete the call. This and more went on for more than an hour, with the College personnel alternating between beating up the activists and apologizing to them. There were twenty or thirty of them in all, some staff, some faculty and some who looked like hired thugs in plain clothes, who attacked and tormented the trapped pro-democracy campaigners.

Suddenly, Shehryar fell on all fours, gasping and indicating that he had difficulty breathing. It was a clever hoax, but no one including friends realised it then and started to panic. They clamoured for an ambulance to be called, warning the administration of the trouble they would bring upon themselves were one of them to die on the premises. As Shehryar lay limp on the floor, Umayr went outside to tell someone to call an ambulance. Usman Gill was outside and Umayr shouted to him telling him to call the ambulance. As he came nearer to the College boundary wall, someone behind Umayr told the guards outside to bring Usman inside. A guard grabbed Usman by the collar and tried to push him toward the gate - Usman resisted and was released just outside the gate as the police had arrived by that time. Usman, Umayr, Raheem and Diep’s driver carried Sheryar outside and laid him in Umayr’s car as Shehryar and Diep were driven away to safety.

The rest of the SAC members waited for the senior police officer (already aware of the incident the previous day) to arrive while the activist and College administration argued the case with the officer present. In particular, the activists demanded that the College return Shehryar’s cell phone and Raheem’s camera (used to photograph the College façade as well as the encroachment - hence the reason the guards to grab it from Raheem’s car, as witnessed by Umayr’s driver. The camera cost approx. $1000.) When the senior police officer arrived, the same argument persisted: the students demanded the retrieval of their property while the college personnel complained that the SAC members had been interfering inside their College. They now also claimed that the activists had damaged their property - a door glass was broken when the guards were scuffling inside with Shehryar. It was not clear who broke it. All parties now went inside the offices and the officer then had a word in private with the Principal. Outside, Umayr narrated their tale to a plainclothes Special Branch (police intelligence) representative. Outside, again, the officer had managed to recover the cell phone and asked the administrators to look for the missing camera asked the activists to come to the police station to lodge a complaint while his junior stayed back to look for the camera. Raheem and Usman went with him in the police mobile car.

By this time, Diep had managed to inform the SAC members attending the big rally at Nasser Bagh. However, once the activists had managed to free themselves, they sent messages to the SAC members to attend the rally which was the more important event, and to come over to the Muslim Town police station afterwards.

Shehryar and Raheem got medical treatment. Shehryar had a broken finger and Raheem had a bloody nose swollen as after a boxing match.

Around 20 - 25 SAC members had gathered at the Muslim Town police station by 4:30 PM. The SP allowed some SAC members to enter his office to take part in the discussion as the SAC lawyers presented their case and pressed for an FIR to be lodged against the staff of Punjab College. After much prevarication, during which he must have realised that SAC had a solid case and that he would have to file a report, he invited the group to go over to the College with him to talk to the College administration. Here a comic twist presented itself: the SP never showed up. He climbed into his official brand new 2.4D Toyota Hilux and disappeared. While the SAC members waited outside the College, they started raising slogans against the military dictatorship, against the Nazim and against oppression. About the same time, students started leaving for home and were quite surprised to encounter the SAC group in full cry. Some of them stopped to ask what had happened - they either knew nothing at all, or had been fed lies by the administration to the effect that the people beaten up earlier that day had been teasing female students. The SAC members disabused them of this fiction and even handed them their new flyers.

Eventually a DSP arrived and started negotiations with the SAC lawyers. At first, it seemed that he merely wanted SAC to leave the College and move to a less “disturbing” location, such as the police station. But the SAC members flatly refused and demanded that some resolution be arrived at, otherwise they were willing to stake out the premises for as long as it took. Eventually, the DSP asked that Diep and Raheem tell him exactly what happened. At this point, Diep started narrating how they were dragged into the premises and beaten by College personnel. As she was showing him the path, the College personnel got infuriated. Banking on the fact that they were employed by Mian Amir Mehmood, they took an aggressive attitude towards the DSP and virtually ordered him off the premises, daring him to challenge their authority. Humbled and humiliated,, the officer left the premises. Some SAC members were enraged at this concrete proof of the adage “he who has the stick, has the buffalo”. After a brief verbal altercation with the College personnel, other SAC members intervened and defused the situation. At this point, the SAC and the lawyers conferred and it was decided that while the lawyers negotiated with the police, the SAC members would head to the Lahore Press Club.

At the Press Club, the Students Action Committee staged a small demonstration, prepared a new press release, and informed various media channels (newspapers and television) of the events of the day.

The SAC held a protest demonstration at the Press Club in support of their injured colleagues on Sunday, 3rd February.

(Written by Amanullah Kariapper , based on narratives by Raheem, Diep and Umayr)

February 1, 2008

The proof just keeps pouring in!

I received these attachments in an email. These are scanned copies of the documents Musharraf circulated in Brussels. Enough said.
Letter to ABA
Profile of former chief justice
Pakistan Electoral Process

This is the Chief Justice’s reply:

AN OPEN LETTER TO:

His Excellency
The President of the European Parliament,
Brussels.

His Excellency
The President of France,
Paris.

His Excellency
The Prime Minister of the United Kingdom,
London.

Her Excellency
Ms. Condaleeza Rice,
Secretary of State,
United States of America,
Washington D.C.

Professor Klaus Schwab,
World Economic Forum,
Geneva.

All through their respective Ambassodors, High Commissioners and representatives.

Excellency,

I am the Chief Justice of Pakistan presently detained in my residence since November 3, 2007 pursuant to some verbal, and unspecified, order passed by General Musharraf.
I have found it necessary to write to you, and others, because during his recent visits to Brussels, Paris, Davos and London General Musharraf has slandered me, and my colleagues, with impunity in press conferences and other addresses and meetings. In addition he has widely distributed, among those whom he has met, a slanderous document (hereinafter the Document) entitled: “PROFILE OF THE FORMER CHIEF JUSTICE OF PAKISTAN”. I might have let this go unresponded but the Document, unfortunately, is such an outrage that, with respect, it is surprising that a person claiming to be head of state should fall to such depths as to circulate such calumny against the Chief Justice of his own country.
In view of these circumstances I have no option but to join issue with General Musharraf and to put the record straight. Since he has voiced his views on several public occasions so as to reach out to the public at large, I also am constrained to address your excellencies in an Open Letter to rebut the allegations against me.
At the outset you may be wondering why I have used the words “claiming to be the head of state”. That is quite deliberate. General Musharraf’s constitutional term ended on November 15, 2007. His claim to a further term thereafter is the subject of active controversy before the Supreme Court of Pakistan. It was while this claim was under adjudication before a Bench of eleven learned judges of the Supreme Court that the General arrested a majority of those judges in addition to me on November 3, 2007. He thus himself subverted the judicial process which remains frozen at that point. Besides arresting the Chief Justice and judges (can there have been a greater outrage?) he also purported to suspend the Constitution and to purge the entire judiciary (even the High Courts) of all independent judges. Now only his hand-picked and compliant judges remain willing to “validate” whatever he demands. And all this is also contrary to an express and earlier order passed by the Supreme Court on November 3, 2007.
Meantime I and my colleagues remain in illegal detention. With me are also detained my wife and three of my young children, all school-going and one a special child. Such are the conditions of our detention that we cannot even step out on to the lawn for the winter sun because that space is occupied by police pickets. Barbed wire barricades surround the residence and all phone lines are cut. Even the water connection to my residence has been periodically turned off. I am being persuaded to resign and to forego my office, which is what I am not prepared to do.
I request you to seek first hand information of the barricades and of my detention, as that of my children, from your Ambassador/High Commissioner/representative in Pakistan. You will get a report of such circumstances as have never prevailed even in medieval times. And these are conditions put in place, in the twenty-first century, by a Government that you support.
Needless to say that the Constitution of Pakistan contains no provision for its suspension, and certainly not by the Chief of Army Staff. Nor can it be amended except in accordance with Articles 238 and 239 which is by Parliament and not an executive or military order. As such all actions taken by General Musharraf on and after November 3 are illegal and ultra vires the Constitution. That is why it is no illusion when I describe myself as the Chief Justice even though I am physically and forcibly incapacitated by the state apparatus under the command of the General. I am confident that as a consequence of the brave and unrelenting struggle continued by the lawyers and the civil society, the Constitution will prevail.
However, in the meantime, General Musharraf has launched upon a vigourous initiative to defame and slander me. Failing to obtain my willing abdication he has become desperate. The eight-page Document is the latest in this feverish drive.
Before I take up the Document itself let me recall that the General first ousted me from the Supreme Court on March 9 last year while filing an indictment (in the form of a Reference under Article 209 of the Constitution) against me. According to the General the Reference had been prepared after a thorough investigation and comprehensively contained all the charges against me. I had challenged that Reference and my ouster before the Supreme Court. On July 20 a thirteen member Bench unanimously struck down the action of the General as illegal and unconstitutional. I was honourably reinstated.
The Reference was thus wholly shattered and all the charges contained therein trashed. These cannot now be regurgitated except in contempt of the Supreme Court. Any way, since the Document has been circulated by no less a person than him I am constrained to submit the following for your kind consideration in rebuttal thereof:
The Document is divided into several heads but the allegations contained in it can essentially be divided into two categories: those allegations that were contained in the Reference and those that were not.
Quite obviously, those that are a repeat from the Reference hold no water as these have already been held by the Supreme Court to not be worth the ink they were written in. In fact, the Supreme Court found that the evidence submitted against me by the Government was so obviously fabricated and incorrect, that the bench took the unprecedented step of fining the Government Rs. 100,000 (a relatively small amount in dollar terms, but an unheard of sum with respect to Court Sanction in Pakistan) for filing clearly false and malicious documents, as well as revoking the license to practice of the Advocate on Record for filing false documents. Indeed, faced with the prospect of having filed clearly falsified documents against me, the Government’s attorneys, including the Attorney General, took a most dishonorable but telling approach. Each one, in turn, stood before the Supreme Court and disowned the Government’s Reference, and stated they had not reviewed the evidence against me before filing it with Court. They then filed a formal request to the Court to withdraw the purported evidence, and tendered an unconditional apology for filing such a scandalous and false documents. So baseless and egregious were the claims made by General Musharraf that on July 20th, 2007, the full Supreme Court for the first time in Pakistan’s history, ruled unanimously against a sitting military ruler and reinstated me honorably to my post.
Despite having faced these charges in open court, must I now be slandered with those same charges by General Musharraf in world capitals, while I remain a prisoner and unable to speak in my defense?

There are, of course, a second set of charges. These were not contained in the Reference and are now being bandied around by the General at every opportunity.
I forcefully and vigorously deny every single one of them. The truth of these “new” allegations can be judged from the fact that they all ostensibly date to the period before the reference was filed against me last March, yet none of them was listed in the already bogus charge sheet.
If there were any truth to these manufactured charges, the Government should have included them in the reference against me. God knows they threw in everything including the kitchen sink into that scurrilous 450 page document, only to have it thrown out by the entire Supreme Court after a 3 month open trial.
The charges against me are so transparently baseless that General Musharraf’s regime has banned the discussion of my situation and the charges in the broadcast media. This is because the ridiculous and flimsy nature of the charges is self-evident whenever an opportunity is provided to actually refute them.
Instead, the General only likes to recite his libel list from a rostrum or in gathering where there is no opportunity for anyone to respond. Incidentally, the General maligns me in the worst possible way at every opportunity. That is the basis for the Document he has distributed. But he has not just deposed me from the Judiciary. He has also fired more than half of the Superior Judiciary of Pakistan – nearly 50 judges in all — together with me. They have also been arrested and detained.
What are the charges against them? Why should they be fired and arrested if I am the corrupt judge? Moreover even my attorneys Aitzaz Ahsan, Munir Malik, Tariq Mahmood and Ali Ahmed Kurd were also arrested on November 3. Malik alone has been released but only because both his kidneys collapsed as a result of prison torture
Finally, as to the Document, it also contains some further allegations described as “Post-Reference Conduct” that is attributed to me under various heads. This would mean only those allegedly ‘illegal’ actions claimed to have been taken by me after March 9, 2007. These are under the heads given below and replied to as under:
1. “Participation in SJC (Supreme Judicial Council) Proceedings”:
(a) Retaining ‘political lawyers’: Aitzaz Ahsan and Zammurrad Khan:
It is alleged that I gave a political colour to my defence by engaging political lawyers Aitzaz Ahsan and Zamurrad Khan both Pakistan Peoples’ Party Members of the National Assembly. The answer is simple.
I sought to engage the best legal team in the country. Mr. Ahsan is of course an MNA (MP), but he is also the top lawyer in Pakistan. For that reference may be made simply to the ranking of Chambers and Partners Global. Such is his respect in Pakistan’s legal landscape that he was elected President of the Supreme Court Bar Association of Pakistan by one of the widest margins in the Association’s history.
All high profile personalities have placed their trust in his talents. He has thus been the attorney for Prime Ministers Bhutto and Sharif, (even though he was an opponent of the latter) Presidential candidate (against Musharraf) Justice Wajihuddin, sports star and politician Imran Khan, former Speakers, Ministers, Governors, victims of political vendetta, and also the internationally acclaimed gang-rape victim Mukhtar Mai, to mention only a few.
Equally important, Barrister Ahsan is a man of integrity who is known to withstand all pressures and enticements. That is a crucial factor in enaging an attorney when one’s prosecutor is the sitting military ruler, with enourmous monetary and coercive resources at his disposal.
Mr. Zamurrad Khan is also a recognized professional lawyer, a former Secretary of the District Bar Rawalpindi, and was retained by Mr. Aitzaz Ahsan to assist him in the case. Mr. Khan has been a leading light of the Lawyers’ Movement for the restoration of the deposed judiciary and has bravely faced all threats and vilification.
Finally, surely I am entitled to my choice of lawyers and not that of the General.

(b) “Riding in Mr. Zafarullah Jamali (former Prime Minister)’s car”:
How much the Document tries to deceive is apparent from the allegation that I willingly rode in Mr. Jamali’s car for the first hearing of the case against me on March 13 (as if that alone is an offence). Actually the Government should have been ashamed of itself for creating the circumstances that forced me to take that ride.
Having been stripped of official transport on the 9th March (my vehicles were removed from my house by the use of fork lifters), I decided to walk the one-mile to the Supreme Court. Along the way I was molested and manhandled, my hair was pulled and neck craned in the full blaze of the media, by a posse of policemen under the supervision of the Inspector General of Police. (A judicial inquiry, while I was still deposed, established this fact). In order to escape the physical assault I took refuge with Mr. Jamali and went the rest of the journey on his car. Instead of taking action against the police officials for manhandling the Chief Justice it is complained that I was on the wrong!
(c) “Creating a political atmosphere”:
Never did I instigate or invite any “political atmosphere”. I never addressed the press or any political rally. I kept my lips sealed even under extreme provocation from the General and his ministers who were reviling me on a daily basis. I maintained a strict judicial silence. I petitioned the Supreme Court and won. That was my vindication.
2. “Country wide touring and Politicising the Issue”:
The Constitution guarantees to all citizens free movement throughout Pakistan. How can this then be a complaint?
By orders dated March 9 and 15 (both of which were found to be without lawful authority by the Court) I had been sent of “forced leave”. I could neither perform any judicial or administrative functions as the Chief Justice of Pakistan. I was prevented not only from sitting in court but also from access to my own chamber by the force of arms under orders of the General. (All my papers were removed, even private documents).
The only function as ‘a judge on forced leave’ that I could perform was to address and deliver lectures to various Bar Associations. I accepted their invitations. They are peppered all over Pakistan. I had to drive to these towns as all these are not linked by air. On the way the people of Pakistan did, indeed, turn out in their millions, often waiting from dawn to dusk or from dusk to dawn, to greet me. But I never addressed them even when they insisted that I do. I never spoke to the press. I sat quietly in my vehicle without uttering a word. All this is on the record as most journeys were covered by the media live and throughout.
I spoke only to deliver lectures on professional and constitutional issues to the Bar Associations. Transcripts of every single one of my addresses are available. Every single word uttered by me in those addresses conforms to the stature, conduct and non-political nature of the office of the Chief Justice. There was no politics in these whatsoever. I did not even mention my present status or the controversy or the proceedings before the Council or the Court, not even the Reference. Not even once.
All the persons named in the Document under this head are lawyers and were members of the reception committees in various towns and Bar Associations.
3. Political Leaders Calling on CJP residence:
It is alleged that I received political leaders while I was deposed. It is on the record of the Supreme Judicial Council itself that I was detained after being deposed on March 9. The only persons allowed to meet me were those cleared by the Government. One was a senior political leader. None else was allowed to see me, initially not even my lawyers. How can I be blamed for whomsoever comes to my residence?
Had I wanted to politicize the issue I would have gone to the Press or invited the media. I did not. I had recourse to the judicial process for my reinstatement and won. The General lost miserably in a fair and straight contest. That is my only fault.
4. “Conclusion”:
Hence the conclusion drawn by the General that charges had been proved against me ‘beyond doubt’ is absolutely contrary to the facts and wide off the mark. It is a self-serving justification of the eminently illegal action of firing and arresting judges of superior courts under the garb of an Emergency (read Martial Law) when the Constitution was ‘suspended’ and then ‘restored’ later with drastic and illegal ‘amendments’ grafted into it.
The Constitution cannot be amended except by the two Houses of Parliament and by a two-thirds majority in each House. That is the letter of the law. How can one man presume or arrogate to himself that power?
Unfortunately the General is grievously economical with the truth (I refrain from using the word ‘lies’) when he says that the charges against me were ‘investigated and verified beyond doubt’. As explained above, these had in fact been rubbished by the Full Court Bench of the Supreme Court of Pakistan against which judgment the government filed no application for review.

What the General has done has serious implications for Pakistan and the world. In squashing the judiciary for his own personal advantage and nothing else he has usurped the space of civil and civilized society. If civilized norms of justice will not be allowed to operate then that space will, inevitably, be occupied by those who believe in more brutal and instant justice: the extremists in the wings. Those are the very elements the world seems to be pitted against. Those are the very elements the actions of the General are making way for.
Some western governments are emphasizing the unfolding of the democratic process in Pakistan. That is welcome, if it will be fair. But, and in any case, can there be democracy if there is no independent judiciary?
Remember, independent judges and judicial processes preceded full franchise by several hundred years. Moreover, which judge in Pakistan today can be independent who has before his eyes the fate and example of his own Chief Justice: detained for three months along with his young children. What is the children’s crime, after all?
There can be no democracy without an independent judiciary, and there can be no independent judge in Pakistan until the action of November 3 is reversed. Whatever the will of some desperate men the struggle of the valiant lawyers and civil society of Pakistan will bear fruit. They are not giving up.
Let me also assure you that I would not have written this letter without the General’s unbecoming onslaught. That has compelled me to clarify although, as my past will testify, I am not given into entering into public, even private, disputes. But the allegations against me have been so wild, so wrong and so contrary to judicial record, that I have been left with no option but to put the record straight. After all, a prisoner must also have his say. And if the General’s hand-picked judges, some living next door to my prison home, have not had the courage to invoke the power of ‘habeas corpus’ these last three months, what other option do I have? Many leaders of the world and the media may choose to brush the situation under the carpet out of love of the General. But that will not be.
Nevertheless, let me also reassure you that I continue in my resolve not to preside any Bench which will be seized of matters pertaining to the personal interests of General Musharraf after the restoration of the Constitution and the judges, which, God willing, will be soon.
Finally, I leave you with the question: Is there a precedent in history, all history, of 60 judges, including three Chief Justices (of the Supreme Court and two of Pakistan’s four High Courts), being dismissed, arrested and detained at the whim of one man? I have failed to discover any such even in medieval times under any emperor, king, or sultan, or even when a dictator has had full military sway over any country in more recent times. But this incredible outrage has happened in the 21st century at the hands of an extremist General out on a ‘charm offensive’ of western capitals and one whom the west supports.
I am grateful for your attention. I have no other purpose than to clear my name and to save the country (and perhaps others as well) from the calamity that stares us in the face. We can still rescue it from all kinds of extremism: praetorian and dogmatic. After all, the edifice of an independent judicial system alone stands on the middle ground between these two extremes. If the edifice is destroyed by the one, the ground may be taken over by the other. That is what is happening in Pakistan. Practitioners of rough and brutal justice will be welcomed in spaces from where the practitioners of more refined norms of justice and balance have been made to abdicate.
I have enormous faith that the Constitution and justice will soon prevail.
Yours truly,

Iftikhar Mohammad Choudhry,
Chief Justice of Pakistan,
Presently:
imprisoned in the Chief Justice’s House,
Islamabad.

January 31, 2008

Protest Rally: Nasir Bagh to Regal Chowk. Saturday, 2nd Feb, 08.

Filed under: Events, Politics — Nabiha Meher @ 4:48 pm
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Protest rally starting from Nasir Bagh to Regal Chowk at 1:30 pm. This is a mega event involving all civil society organisations, lawyers, students, NGOs, as well as like minded political parties.

Please try your best to come to all the events and bring along friends and like minded people.

Nasir Bagh is opposite Town Hall on the Mall. Further down from NCA.

Update: Aitzaz Ahsan will be leading the rally.

January 29, 2008

Open letter to Fatima Bhutto

Filed under: Feminism, Politics, Theory — Nabiha Meher @ 7:52 pm
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OPEN LETTER TO FATIMA BHUTTO

Dear Fatima:

I looked forward to your articles over much of 2007. I read you with interest. My sense of you was of a serious and sincere young woman who had sensitivity and an openness that was engaging.

Unfortunately your very personalized and somewhat vicious attack on Benazir Bhutto a couple of months ago jolted me. You came through then as a bitter, betrayed and judgmental niece and not as a columnist (in my view newspaper columns are not meant to settle personal scores). I have no doubt that you are in pain and that you do feel betrayed but by forcibly drawing me into a personal pain you insulted and trampled on my integrity as a reader.

I don’t want to be a part of the internal pain and betrayals of the Bhutto family. My concern is only at the level of what the Bhutto’s were, are and will be in the public sphere since I am in no way associated with the Bhutto’s and nor in fact with the PPP. I respected Benazir Bhutto for a lot of things (while being only too critical of her failings) but I was particularly appreciative of the fact that she didn’t air her family linen in public even under extreme provocation. Nor I understand did she indulge in personal vendettas or bear too many grudges (in some cases I think she should have!). She was either very ‘politic’ or very magnanimous. Either way I felt better that she was not publicly vicious and that she kept her personal pain and betrayals to herself. I always felt that she dealt with me as a citizen and as a woman and in that gave me respect.

Given that I believe in due process and believe that a person is innocent until proved guilty (and that not be a fixed court as in the judgment against Z.A. Bhutto) I don’t like to indulge in hearsay, suspicion, speculation, innuendo or gossip. I am sorry that you (and others) force this upon me thereby challenging my integrity and my ability to think things through. I am not suggesting that I exonerate murder (not under any circumstances), nor corruption, but I do insist that this not be based on personal ‘truths’ or personal biases etc. Death, any death ‘diminishes’ me (and all of us) and while I feel for your pain and am appalled that Murtaza, a man of such promise should have been so ruthlessly gunned down, I do think that you should refrain from misusing your ‘power’ as a columnist (and as a Bhutto) to make unsubstantiated charges. I too would like to see those who cause death punished. But logic intervenes in my own understanding of Murtaza Bhutto’s murder and I am not able to point a finger at anyone. I will come back to this ‘logic’ later, for now I would like to explore another aspect of that same article that I refer to.

As a feminist I am appalled that you are so deriding of Benazir as a woman. Your article brought to the fore how ingrained sexism is so many of us and how easily even the ‘best’ of us who can obliterate a woman’s identity even when that woman has nurtured a self definition despite all odds and often at great pains to herself. By calling Benazir ‘Mrs. Zardari’ you insulted not just her but all of us women who have tried to carve out our identities within a rampant and sinister patriarchal structure. That you should so flippantly be a part of this makes me reconsider your politics regarding women’s equality and I begin to wonder where your identity will lie should you get married (will you cease to be a Bhutto? I hope not!) I would like to point out though that a majority of women in Pakistan and elsewhere in the world do not become ‘Mrs.’ or ‘Begum’ when they get married. This is common only in urban upper and middle class circles and is a heritage of colonialism. Fatima how many village women have you come across in Larkana who are called ‘Mrs.’? I don’t think the word exists in our languages. Nor should it…Further although I would and do stay away from theological references I understand that in Islam Muslims will be ‘called upon’ by their mothers’ name. This ideological and empirical ambivalence lend themselves to much confusion on the status of the natal family and parentage in terms of identity and recognition but I do think that it supports my position that the term ‘Mrs.’ is an aberration and actually irrelevant.

Benazir was a Bhutto regardless of how you and others may want to play it. She was a Bhutto by birth but also by conviction and by commitment just as I think you will always be if you were to continue to articulate whatever it is that Bhutto stands for (regardless of whom you marry). I am also very disturbed by the present prurient debate on parentage and spousal identification or on who can wear the Bhutto name triggered off by Benazir’s children adding Bhutto to theirs. As a feminist I am delighted by this and only wish that it had been done much earlier as several children have taken on both their parents’ names even in Pakistan. I understand that Benazir was intrigued that Abida Hussain’s son is named Abid Hussain Imam (using both his parents’ names) and thought that this was apt. I think so too and think that all children should be known as the children of both or neither. I am also delighted that by claiming their mother’s name and home and with her husband changing his residence (and his burial place I understand), these Bhutto’s are declaring to the world that their legitimacy at every level derives from their association with a woman. I think that this is fantastic given that women in the main get their identities from their fathers, husbands, sons and brother or even uncles etc. This is striking a blow to one of the foundations of patriarchy and even through Zardari and his and Benazir’s children may not have intended to make such a challenge, this is still an affirmation of matrilineal and matrilocal norms and is… well…feminist. That the people of Pakistan accept this makes me further interested and supportive.

I have found that I have been affirmed by the response of the people (and particularly the members and voters of the PPP) to a woman, a young woman leading them even though Bhutto had male heirs. Much is made of her being a child of the Bhuttos and therefore gaining respectability and a legacy above all others because she was a Bhutto. I do think that it is important however not to forget that she did have brothers and Murtaza Bhutto did come back to challenge her within the party and with the people. I am aware of the argument that she ‘stole’ the legacy of the PPP and even distorted it. Perhaps she did maneuver it but she could not have been successful then or later if the party had not gone along with her or if she had not been able to get out the vote. Like most people in this country I continue to be very pained by Murtaza Bhutto’s murder and do think that this tragedy is a tragedy shared by the nation. I remember when he returned and remembered his promise but I was very disturbed by his returning to ‘claim his inheritance as a male heir’ (I don’t know if he said this but I do remember it being an argument in the public when he returned with some newspapers quoting him to this effect). I am also enraged that a father should separate his daughter from her mother at the age of three (no matter what the reasons). No law, religion or system allows for this. I appreciate that now you may not be interested in your blood mother but who knows what your stand would have been had Murtaza facilitated your getting to know her at an early age. Too many skeletons in all our closets! And I am only sorry that you, by opening up a family drama, have propelled me to open up other wounds.

I marvel though at the sophistication of the people who voted for Benazir especially when there was another PPP (several others in fact) to vote for over the last 15 years or so. I think that this is not because she had a better manifesto (I haven’t seen the manifestos of the other PPP offshoots and hers may even have been more pedantic). As I understand it and as people who voted for her explained to me over the years, they had an affinity with Benazir…she was theirs. She had suffered with them and for them. Those years that she spent fighting for her father’s life and against General Zia Ul Haq, the stories of her solitary confinements; house arrests; her courage in the face of the martial law; her resilience and her commitment at a young age (without emotional and personal support) to a cause larger than herself is writ large in the hearts of people. It is for this same reason that others who were with the PPP are no longer of much relevance except as spoilers. I have always wondered where the companions of Bhutto (the ‘uncles’), and the second line leadership were in those years. Some jumped, others were silent, still others dragged their feet, some went off in a huff, some genuinely disagreed and some turned traitor. The names can be reeled off but I would still like to ask Mumtaz Bhutto, Peerzada, Mubashir, Jatoi etc.were (as also Atizaz Ahsan) what role they played, first with Bhutto’s struggles when he was in jail and then hanged, or later with Benazir’s (I don’t recall them making too much of a noise). How much of a role did they even play in the Movement for the Restoration of Democracy? My memory may be faulty on this score but I don’t recall them putting their lives on the line. I don’t recall them suffering. Fortunately Benazir was supported by others with the same commitment as hers.

I appreciate that Murtaza and Shahnawaz Bhutto and many others were following their own form of resistance but however sincere (and I do believe in the sincerity) that adventurism led to countless deaths, prison sentences, torture, and disappearances not least perhaps the murder of Shahnawaz himself. A friend of mine spent ten years in jail tortured, often in solitary confinement, left without hope, on the grounds that the state suspected him of being a member of Al Zulfikar. He says sometimes he would get news of Bhutto’s sons, their marriages, their chidren, their time in Europe, and he would also get news of Benazir…in solitary or under house arrest. He says she spoke up for those in jail, that she sent messages or otherwise addressed them. They felt less alone with the very fact of her. This friend was released in 1989. He was still only 27 years old but defying logic, rationality, objectivity, intellectualism, he has supported Benazir since. However faded or ‘irrational’ he continued to dream.

This dream is the crux of peoples’ engagement with the Bhutto family. It is in giving voice to this dream that holds people to the PPP; it is this dream that makes for the resentment of the Bhuttos within the power structure and with the establishment (military or civil); it is this dream that makes those who support a Bhutto a threat to the status quo; and it is this dream that makes those who are the status quo insecure. So many people argue that Benazir (and for that matter Bhutto) did very little for those who supported them. Those who had something to lose if the Bhutto’s had challenged the structures of society, say this with comfort and with glee. This is understandable. But the detractors, the middle class, urban progressives, intellectuals, academicians, ‘left’ activists and ‘left’ pretenders who add to this ‘they didn’t do anything’ refrain are to my mind either unable to understand liberal bourgeois democracy or are unable to see reform for what is it…a slow, laborious, tedious, and frustrating process that I myself am impatient with. Yet I don’t expect mainstream politicians to bring revolutions. I only expect the more progressive among them not to reverse whatever progress might have been made and to push the parameters. The Bhuttos did what I thought they could do. In any case I am not nor have ever been a member of the PPP and as a socialist and feminist always criticized and challenged the Bhutto’s from the left. I have not allowed this criticism however to negate what they did do and in some cases this would be substantial even if some of it cannot be quantified. But at the very least it was that they articulated a humanity that touched their supporters. This I salute, legacy or not. I am reminded of one of the most poignant songs that have come out of the women’s movement called Bread and Roses “…yes it is for bread we fight for but we fight for roses too…” It was the roses Fatima, the roses… perhaps it still is…(as also the bread).

In the 60 years of Pakistan a Bhutto has only been in power for about 10 and yet this name looms large both for supporters and detractors. I wonder at this especially for the latter. Why does the focus always stay on the Bhuttos (as opposed to all other politicians and even the military governments?) Why are Benazir’s all too brief terms in office still under the microscope; why are all her wrongs always in the public discourse (urban discourse in the main); why does she bring on such fury…? Further why does the murder of Murtaza figure more than the suspicion of murder of Shahnawaz? Why is there no ‘objective’ thinking through of Benazir’s involvement (or lack of) in the murder of her brother Murtaza? I have been troubled by this last since 1996 not because I think that she could not have done it (after all murders, betrayals, ambitions, kidnappings, taking children away from a parent usually a mother, etc. are fairly common in ‘royal’, feudal and patriarchal families) but I am perplexed about the whole process of such a judgment. I am for instance baffled by the fact that Leghari, Sharif and Musharaf didn’t conduct inquiries that would have proved this. Surely then they could have hanged her and/or Asif? Or at the very least could have preventing them from ever returning to Pakistan. Leghari dismissed Benazir’s government soon after Murtaza’s murder. The interim government was meant to look into her misdeeds as were the governments of Sharif and Musharaf. Why did they not convict her for this crime (or even Asif who spent time in jail for this and other charges). I have always maintained and still do that the murderers could not be exposed…perhaps because they continue to be powerful elements in the establishment.

I wonder too about populism. It can be a very creative force but it can also be dangerous. To me what is important is to understand what it is that touches people to the extent that they think that these families or individuals can determine the course of history. What do the Bhuttos, the Gandhi’s, the Perons, the Kennedys etc. have in common other than youth, tragedy and well…good looks!? What does political stardom mean? Why do people need to create larger than life characters and yet still be accessible enough to mirror the anguish of a people?

While the larger problematic of populism intrigues me it is perhaps in order for me to focus on the Bhuttos and try to understand populism in our own context. I don’t think that the Bhutto ‘legacy’ has only to do with one’s association to a family. We have only too many politicians here who are associated with a particular family and this in itself does not play out as populism. I have tried to understand this both as an activist and an academic and continue to grapple with it. But I accept it as phenomenon and only hope that those who are heirs to this populism can steer this in a manner that is in the best interests of those who place such faith in them.

You and your step mother, Ghinwa Bhutto, argue that the name Bhutto should not determine political success and nor should it give privilege. I agree but then do wonder why Ghinwa Bhutto leads her faction of the PPP as Murtaza’s widow and wonder also why she has continued to head it. Is it not her husband’s name that she exploits and is the Bhutto ‘legacy’ not being used here? And you Fatima, is the media, and political, and social circles not focusing on you only because you are a Bhutto? Surely every young Pakistani professional woman is not being interviewed by the London Times and the Guardian etc.? Or being feted and read here and abroad (not even older women who may have made significant contributions to Pakistan let alone ‘ordinary’ women get this type of celebrity status no matter how much they may deserve it)? Do you not also play the Bhutto card every time you accept or court celebrity status? Do you not already have an edge that you have not worked for and you will not continue to have this edge even if you do decide to just work ‘with the grass roots’ and continue your writing?

Actually I have no problems with this. I only have problems with your saying that you don’t. You are an ‘heir’ to the Bhutto legacy, a legacy shared by all the grandchildren of Nusrat and Zulfiqar Ali Bhutto. These grandchildren would include to my mind the children of Sanam and Shahnawaz Bhutto (every one seems to have forgotten them!). I hope that all of you can reach out to each other in the interests of those who ‘need’ a Bhutto and can take this legacy and this history forward together. All of you even those of you who do not want to get directly involved at the moment, have a role to play if for no other reason than to keep the PPP together as a national multi-ethnic, multi-class trans-gender, trans-religious, liberal, progressive and I hope, secular party that reflects the interests of all the provinces and areas of Pakistan. As the family ‘elder’ your role and responsibility is perhaps more cut out since I think it is for you to reach out to all of them (including Shahnawaz’s daughter Sassi Bhutto). I also think that all the Bhutto grandchildren should have to earn the respect and the love of the people who support them. The Bhutto myth lies to a large extent in that they worked and suffered for those who supported them…enough for them to risk their own lives…and lose. I would hate for the Bhutto ‘legacy’ to now be handed on a platter to Bilawal, to you or to any other grandchild without him or her having earned it. Earning it is a long and potentially dangerous struggle even if you decide to work only at a local level. None of you however are ‘too young’ as is being suggested. Benazir Bhutto was about your age when she took on her monumental task and Bilawal is not much younger than her, Murtaza or Shahnawaz were when circumstances forced the Bhutto mantel onto them.

I wish you a life of commitment, energy and courage…

Sincerely

Nighat Said Khan

This is the article by Fatima Bhutto where she calls her aunt Mrs. Zardari.

And here is the obituary she wrote for her aunt.

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