2012 is a new year for Pakistan, yet it brings with it many of the same challenges that have dogged it for years. January 2012′s B-side looks at some of those challenges beginning with the most important challenge before Pakistan, that of extinguishing the fire that is Balochistan. An article by the great Professor Akbar Akhmed on Balochistan is a timely reminder to us all to act now to stop our endless blunders in Balochistan.

The second article is written on the coup that never materialised and is written by Wajahat S. Khan whilst the final article is one full of hope and is written by Shehrbano Taseer. January 2012′s B-side contents include the following:

1. Is Pakistan Heading For Disaster in Balochistan by Professor AKBAR AHMED
2. The Whispering Coup by WAJAHAT S.KHAN
3. Pakistan is Beautiful- And Its Mine by SHEHRBANO TASEER

Balochistan is the focus for the firsr article written by the former Pakistani Ambassador and one of my heroes in Professor Akbar S. Ahmed.

Is Pakistan Heading For Disaster in Balochistan by Akbar Ahmed

The article is published on Al-Jazeera and can be read here.

WASIM VIEW- Professor Akbar Ahmed is a man very close to his heart as his article on the burning fire that is my beloved Balochistan. The article is a cry for help to all Pakistanis in our individual and collective capacities as well as the Pakistani state to extinguish the separatism fire that rages in Balochistan.

Professor Ahmed’s use of the fall of Titanic to describe the Pakistani state’s wilful neglect of Balochistan is apt and should ring alarm bells amongst all who care about Balochistan. When a Pakistani patriot and former ambassador like Ahmed warns of ‘the simmering, but widespread movement for independence spins out of control, Pakistan will find it almost impossible to maintain nationhood’, Pakistan must wake up and act now to save Balochistan.

Professor Ahmed’s article is especially useful for it shares his personal knowledge of the Balochi people gained during his stay in the province, in addition Professor Ahmed uses testimony from respectable Balochi exiles such as Malik Siraj Akbar whose article has been shared on OP in a B-side here.

Professor Ahmed does not mince his words in the article and his suggestion for giving honour to the Balochi people in a sustained and full-scale effort from the civilian and military powers to engage Balochistan is certainly the need of the hour. I fully endorse Professor Ahmed’s views on the urgency of the matter and plan to do whatever I can in my personal capacity as a Pakistani to save and serve Balochistan and I urge all Pakistanis to do likewise.

The second article looks at the Kayani coup that never came early this year.

The Whispering Coup by Wajahat S. Khan

The article is published in The News and can be read here.

WASIM VIEW- Khan’s article is a useful reminder of the fruits of dictatorship that Pakistan has enjoyed for too long and near;y enjoyed again in early 2012. Khan’s article is lucid and well-written and is shared on the B-side to remind us as a citizenry of the seductive pulling power that the khaki kings from Ayub and Zia to Musharraf fooled us with.

Khan rightly concludes that coups have never served Pakistan well, and cannot do and this is a point I strongly agree with. And so the lesson of the Khan article is to guard against the appeal of a coup for such unconstitutional steps serve no-one and cannot ever do so. Instead the rule of law must prevail above all else.

The final article is written by Shehrbano Taseer, daughter of the slain Punjab Governer who was mercilessly killed by a religious zealot and is a report card on the progress of Pakistan since last year.

Pakistan is Beautiful- And Its Mine by Shehrbano Taseer

The article is published in The Express Tribune and can be read here.

WASIM VIEW- Taseer’s article is a pleasant read for its message is one of hope. The article is all the more impressive for the messenger in her is someone who still believes and loves Pakistan irrespective of her personal loss in 2011, as she lost her father Salmaan Taseer to the rising intolerance that bedevils Pakistan.

Taseer’s article is in essence a Pakistani report card on the year 2011 and charts the few ups and many downs of the year gone bye that include the devastating floods of 2011. Taseer is an optimistic soul and is full of praise for the pro-women legislation the PPP government has introduced and her praise is deserved, however like all laws in Pakistan, it is their implementation that we all seek, for only then will such legislation bring a real and lasting change in the lives of ordinary women in Pakistan.

To end, the article serves as feel-good therapy for a permanently pessimistic Pakistan, however Taseer is guilty of needless negative stereotyping in declaring Pakistani madrassas as poisonous, a description I cannot agree with even though I am not a fan of their work. Such comments are unwarranted and serve little purpose for they add to the prevailing discord and give oxygen to the radical right in painting the liberal left as enemies of Islam.

The ‘memogate ‘drama that threatened to force out President Zardari just a few days ago, now appears to be a damp squib. All but the most delusional of the Government’s opponents still hold a hope that heads may roll as a result of this controversy. Like all the other near-misses, the PPP government has once again come right to the brink of destruction – and come away unscathed. Moreover it has come away bullish and unrepentant and assured of its own invincibility. Can we blame them? Zardari may more often be described in canine terms, but he sure has many more lives than the proverbial cat.

The astounding fact about this near-miss is not that this group of incompetent, self-serving and treacherous comedians posing as a government are wonderfully efficient at self-preservation; it is the strange reality that many commentators have now come to the conclusion that their really is no case to answer. Why? Firstly, because Mansoor Ijaz is an anti-Pakistan hawk known for spewing poison against the institutions of the state. Secondly, because he refused to appear before the Judicial Commission in person citing concerns about personal security and the security of the evidence he wishes to produce.

As for the first point, it is hardly a revelation. Mansoor Ijaz may be a danger to the ISI and GHQ as much as to the PPP and so it appears Kayani and Co have also put this consideration before the interests of truth –and Pakistan. But if Ijaz can prove his case i.e. that the President of Pakistan and its ambassador were involved in a conspiracy to allow a foreign country ‘carte blanche’ access to violate our sovereignty, it is absolutely irrelevant what we think of him and what he says about us. Secondly, Mansoor Ijaz is hardly wrong to suspect that both he and his documents/evidence may be unsafe in Pakistan. His non-appearance may indeed lead to the Commission dismissing the case due to lack of evidence. Yet it would be utterly ludicrous to conclude from this there is no evidence.

Mansoor Ijaz has placed into the public domain already such facts that clearly indicate that there is a case to answer. Moreover Hussain Haqqani would not have resigned and Zardari would not have run away with a feigned illness if they were not genuinely worried about getting caught with blood on their hands. Anyone looking at the bare bones of the case made by Ijaz will be struck by the fact that this man has no reason to go as far as he has without material evidence. It is simply the fact that Ijaz does not believe that the administration- which he seeks to indict, will, for example take his Blackberry and analyse the BBM messages and produce a fair report to the court. At every stage, the Judicial Commission will require government agencies to co-operate in order that the evidence may be presented before the court. Anyone who thinks his suspicions are unfounded should urgently seek medical advice.

It will indeed be a tragedy of Shakespearian dimensions that our treacherous government- although caught prostituting our nation for a paltry price, gets away with it due to the corruption of our institutions. I hope against hope, and pray to the Lord of all power and majesty that somehow the plans of this government to foil justice, blow up in their faces. And they are made to pay for their despicable crimes. May the Curse of Allah be upon the liars. Ameen.

The tragic death of the angelic Arfa Karim Randhawa has saddened the whole nation and left many an eye moist. Personally I feel deeply saddened at her death for Pakistan has lost one of its brightest stars and a ray of hope. May ALLAH grant her paradise and her family the forbearance to bear her enormous loss.

Arfa’s loss is made all the more painful for she was a Pakistani success story, from and made in Pakistan. Thus Arfa represented both the best and the potential of Pakistan. Arfa was a Pakistani prodigy and a proud Pakistani whose numerous achievements included her becoming the youngest Microsoft Certified Professional at the tender age of 9. A moving editorial in The News sums up best her life and how she will live on in Pakistan here and I share it below:

The death of Arfa Karim late has triggered an outpouring of sorrow which is genuine, heartfelt and nationwide. She had been in a coma since December 28 last year and on a life-support system at the Combined Military Hospital. The doctors had done their best as acknowledged by her father, but in the end she lost the battle and slipped away. The loss of any young life is tragic, but in losing Arfa the nation has lost one of its stars. She was a child prodigy who at the age of nine became the world’s youngest Microsoft certified professional in 2004. Other awards followed – the Fatima Jinnah Gold Medal for science and technology, the Salam Pakistan Youth Award in 2005 and the President’s Award for Pride of Performance. Aged ten she made her first flight in a light aircraft, and in 2006 she was invited to be the keynote speaker at the Microsoft Tech-Ed Conference.

Arfa reportedly wore her fame modestly, and we will of course never know what she might have gone on to achieve. Yet despite her youth, she is going to leave a legacy that is going to echo down the years. Her life was a fine example of what can be achieved, and that people from Pakistan can be famous for all the right reasons, rather than all the wrong ones. That people from Pakistan can stand tall in the world, earn the respect of others by their skill and expertise, and have the potential to be global leaders in their chosen profession. That she was exceptional there is no doubt, and not all children are, but all children, exceptional or not, will be able to look up to her and perhaps be inspired to aspire themselves. The nation lost Arfa Karim as she stood on the cusp of womanhood, and the threshold of a career that would never have been anything less than glittering. Today we mourn her, and tomorrow we must remember her for what she was – an example of the very best of Pakistan.

Arfa achieved so much in her short life and had so much more to give to Pakistan and her people. Arfa was devoted to serving Pakistan and its people and had grand plans to help educate ordinary Pakistanis, and many hopes for a better tomorrow in Pakistan as shared in the following Aik Din Geo Ke Sath video clip (especially view from 07.00 onwards for Arfa’s plan for a silicon valley in Pakistan):

A personal tribute to Arfa by Ali Moeen Nawazish is more proof if any was needed of her talents and her potential here and I share it below:

It was 23rd March 2007, a bright and sunny day. I was sitting along with a fellow distinction holder in the waiting room at the studios of state-run TV. We both had this smirk about ourselves as if we had conquered some unachievable mountain and that we were “special”. After all we were going to be on TV. While we were waiting for our turn to get our few minutes in the limelight, walked in this little girl hardly 12 years old. “Hi, how are you? What have you done at such a young age?” asked my counterpart.

“I am the world’s youngest Microsoft certified professional,” she replied putting both of us to shame. That was the first time I met Arfa Karim. First impressions? Amazingly talented girl, capable of doing big things and absolutely confident and sure about herself. In the first two minutes you meet her, she will wow you with her charm and intellect.

I communicated with Arfa after that through email and Facebook in 2008 and 2009, and while we all know of her extraordinary abilities, how she could fly a plane and when she met Bill Gates, I wanted to share something that few people know about her. Throughout our conversations one theme was always recurring, she wanted to do good and help others. She talked endlessly about how she wanted to build a computer lab back in her village, how it was her dream to impart IT education to those who didn’t have access to it in Pakistan. She was well aware of the challenges that lay ahead of her and the country. I feel that somehow she understood the expectations that people had from her, but at the same time was taking it in a stride. She tried hard to ensure that the expectations don’t affect her own self-direction in life. She was also very kind hearted and a generous spirit too, whenever someone would ask her for help or anyone would refer someone to her, she would make sure she helped that person to the best of her abilities.

It is one thing to acknowledge one’s blessings and thank people for the love and affection that they show, but it is completely another to decide to dedicate a part of your life to give something back to the community and country that made you who you are. One thing she often spoke of is how some wouldn’t take her ideas seriously because she was a little girl. People would judge her ideas and plans by her age and not by their merit alone. About an idea for rural education, she wrote: “I myself have been working, or trying to work, for this objective. The problem here is that if I come up with plans, no one takes them seriously because I am a “14-year old kid”. My grandfather was a villager and we are still an agricultural family. I still retain ties with my rural background and so would be proud to be part of something like this.” A phenomenon perhaps often too common in our society. Yet, she always had the resolve to deal with it and find solutions around these problems, as any good software developer would. Arfa was a girl who was never going to let anyone stand in her way, no matter what it took.

By any measure of the word she was truly a gifted girl with her own little quirks that made her who she was. She wanted to get done with her O Levels long before the actual time she had to give them, because quite frankly she didn’t need more time. To one of our conversations in which I was encouraging her to take more time, she wrote: “To have more time was the reason I delayed it a little. Otherwise, I would have been finished with my O levels in this session. I was thinking that if I stretch it out too long, I might get bored with it in the end.” Perhaps the only person I knew in the world that would give exams early because she would get bored with the content.

It is somewhat ironic that I last met her this 14th August 2011 at another PTV recording. She had grown up, but only a little, had matured by miles. Yet, what was astounding and amazing about her was that her spirit was the same of that 9-year old girl who dared to dream big and think different. Her spirit was the same of that 9-year old girl who had made it a point to not let herself be captured by the notion of what is possible and what isn’t. As ambitious as ever and talented even more, Arfa was ready to take on the world in her stride. It is unfortunate that she was taken from us well before our time, but as with all great people God calls them early to Him.

Arfa, you will truly be missed and the youth of Pakistan has suffered a great loss today. May Allah bless you and your family. You were a good friend and a great inspiration. Your spirit and memory will live on in our hearts for as long as we live. The youth lost one of its best today, but you have inspired so many and we promise to not let you down.

Arfa Karim Zindabad! Pakistan Zindabad!

Pakistan mourns the loss of a noble and angelic daughter, a true daughter of the Quaid. May Arfa’s example show the youth of Pakistan the way forward, and may she eternally smile and reside in the highest stations of paradise.

Feimanllah Arfa, Arfa Zindabad.

Amidst the rumours of army coups and the much talked about civil-military divide, the Supreme Court’s NRO verdict on 12 January has somewhat been lost in all the chaos, claims and counter-claims.  In my opinion the Supreme Court has issued a brave and balanced judgement against the corrupt (morally and financially) government of Zardari-Gilani.

A five member bench headed by Justice Asif Saeed Khan Khosa comprising of Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed and Justice Muhammad Ather Saeed deserve praise for acting to save the sanctity of the Suprem Court that has been reduced to a joke by the present government. I support the observations and judgement made by the respected judges as it is a final attempt by the Supreme Court to enforce the rule of law in Pakistan. The full judgement can be read here , however I am sharing some of the key points in the judgement as shared below:

ORDER

Asif Saeed Khan Khosa, J.: This order may be read in continuation of the order passed by this Court on the last date of hearing, i.e. 03.01.2012.

3. The judgment in the case of Dr. Mobashir Hassan v. Federation of Pakistan (PLD 2010 SC 265) had been passed by this Court way back on 16.12.2009 and in that judgment this Court had issued some very clear and specific directions to the Federal Government and others which were required by the Court to be implemented and executed immediately. Later on a review petition filed against that judgment was dismissed by this Court and orders were again issued to the Federal Government and others to carry out the directions of this Court without any further loss of time. However, various interim orders passed by this Court in the present and other proceedings bear ample testimony to the unfortunate fact that over the last about two years the Federal Government has demonstrated no interest in carrying out some of the directions of this Court. It is quite clear to us by now that the Federal Government and the National Accountability Bureau are not serious in the matter at all and those concerned are only interested in delaying and prolonging the matter on one pretext or the other. On the last date of hearing it had been made clear to all concerned that they were being given the last and final opportunity till today and it appears that they have consciously decided to defy and disobey this Court. This Court has already shown a lot of grace and magnanimity in the matter and has demonstrated a lot of patience and restraint in this regard over the last about two years but in the present dismal and most unfortunate state of affairs the Court is left with no other option but to, as warned in categorical terms on the last date of hearing, take appropriate actions in order to uphold and maintain the dignity of this Court and to salvage and restore the delicately poised constitutional balance in accord with the norms of constitutional democracy. We are conscious that the actions we propose to take are quite unpleasant but maintaining the necessary constitutional poise and balance is a part of our duties, particularly when we have made an oath before Allah Almighty to “preserve, protect and defend the Constitution of the Islamic Republic of Pakistan” and to “in all circumstances ——-do right to all manner of people, according to law, without fear or favour, affection or ill-will”.

4. When the Objectives Resolution of 1949, made a substantive part of the Constitution of the Islamic Republic of Pakistan, 1973 by Article 2A thereof, mandates that “the independence of the Judiciary shall be fully secured” and when Article 37(d) of the Constitution stipulates it as a Principle of Policy that the State shall “ensure inexpensive and expeditious justice” the Constitution does not contemplate an “independent” judiciary whose decisions may be flouted with impunity or implementation of whose judgments may be left to the whims or caprice of an indifferent Executive. Likewise, when Article 189 of the Constitution gives the decisions of the Supreme Court “binding” effect and when Article 190 of the Constitution commands in no uncertain terms that “All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court” the Constitution does not envision an Executive professing only “respect” towards the decisions of the Supreme Court but at the same time derisively or disdainfully paying little or no heed to implementation or execution of such decisions. Obedience to the command of a court, and that too of the Apex Court of the country, is not a game of chess or a game of hide and seek. It is, of course, a serious business and governance of the State and maintaining the constitutional balance and equilibrium cannot be allowed to be held hostage to political tomfoolery or shenanigans.

Article 5 of the Constitution declares in most unambiguous terms that “(1) Loyalty to the State is the basic duty of every citizen. (2) Obedience to the Constitution and law is the inviolable obligation of every citizen ——- “

In a recent interview with Mr. Hamid Mir on Geo Television the Co-Chairperson of the major political party in the ruling coalition at the federal level, who also happens to be the President of Pakistan, has categorically stated that under his Co-Chairpersonship his political party has taken a political decision not to obey some part of the judgment handed down by this Court in the case of Dr. Mobashir Hassan (supra). Even the Prime Minister of Pakistan and the Federal Minister for Law, Justice and Human Rights Division have been harping on the same theme for quite some time on different occasions through speeches made on the floors of the National Assembly and the Senate and also through print and electronic media. Their conduct in the matter also goes a long way in confirming what they have been proclaiming. Such an attitude, approach and conduct prima facie shows that the Co-Chairperson of the said political party, the Prime Minister and the Federal Minister for Law, Justice and Human Rights Division have allowed loyalty to a political party and its decisions to outweigh and outrun their loyalty to the State and their “inviolable obligation” to obey the Constitution and all its commands. We may unhesitatingly observe that in our country governed by a Constitution political loyalty cannot be accepted as stronger than loyalty to the State and dictates of a political master or party cannot be allowed to be put up as a defence to failure to obey the Constitution. The old sage Aristotle had once observed that “When laws do not rule, there is no Constitution”. Justice Louis Brandeis of the United States Supreme Court had observed in the case of Olmstead v. United States (227 U.S. 438, 485) that

“In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.”

As already observed above, we the Judges of the Supreme Court have made an oath before Allah Almighty to “preserve, protect and defend the Constitution of the Islamic Republic of Pakistan” and, thus, it is our bounden duty to take appropriate action whenever we find that the Constitution is not being obeyed or its express commands are, wittingly or otherwise, being disregarded. Let nobody forget that in the not too distant past we stuck to our commitment to the Constitution and constitutionalism and were not shy of giving personal sacrifices for fulfillment of that commitment.

5. This brings us to the actions we may take against willful disobedience to and non-compliance of some parts of the judgment rendered and some of the directions issued by this Court in the case of Dr. Mobashir Hassan (supra). This Court has inter alia the following options available with it in this regard:

Option No. 1: In such a case of a brazen and blatant failure or refusal of the Federal Government to obey and execute the relevant judgment and directions of this Court the buck stops at the office of the Chief Executive of the Federation, i.e. the Prime Minister. At the time of entering upon his exalted office the Prime Minister had made an oath that ” ——-I am a Muslim and believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran being the last of them, ——-the Day of Judgment, and all the requirements and teachings of the Holy Quran and Sunnah”. He had further sworn before Allah Almighty that “as Prime Minister of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law” and that “I will not allow my personal interest to influence my official conduct or my official decisions”. While invoking the name of Allah, the most Beneficent, the most Merciful, and also seeking His help and guidance, the Prime Minister had also made an oath that “I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan”. It is evident that in his oath the Prime Minister had made an unambiguous commitment with Allah Almighty not only to conduct himself completely in accord with the commands and requirements of the Constitution, including those of Articles 2A, 37(d), 189 and 190 thereof, but also totally in sync with the requirements and teachings of the Holy Quran. In the matter of making of oaths the Holy Quran has inter alia ordained as follows:

“And make not Allah’s name an excuse in your oaths against doing good, or acting rightly, or making peace between persons; For Allah is One who heareth and knoweth all things. Allah will not call you to account for thoughtlessness in your oaths, but for the intention in your heart; And He is oft-forgiving, most forbearing.” (S. II: 224-225)

“Allah will not call you to account for what is futile in your oaths, but He will call you to account for your deliberate oaths: ——-But keep to your oaths. Thus Allah makes clear to you His signs, that ye may be grateful.”

“And take not your oaths, to practise deception between yourselves, with the result that somebody’s foot may slip after it was firmly planted, and ye may have to taste the evil consequences of having hindered men from the path of Allah, and a mighty wrath descend on you.” (S. XVI: 94)

“They swear their strongest oaths by Allah that, if only thou wouldst command them, they would leave their homes. Say: Swear ye not; Obedience is more reasonable; Verily Allah is well acquainted with all ye do.” (S. XXIV: 53)

“God has already ordained for you, (O men), the dissolution of your oaths (in some cases): and God is your protector, and He is full of knowledge and wisdom.” (S. LXVI: 2)

“Heed not the type of despicable man, –ready with oaths”(S. LXVIII: 10)

According to clause (f) of Article 62(1) of the Constitution “A personshall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless ——-he is sagacious,righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law” (underlining has been supplied for emphasis). By virtue of Article 113 of the Constitution the same qualifications are also required for election to or being chosen as a member of a Provincial Assembly. In the above mentioned backdrop the apparent persistent, obstinate andcontumacious resistance, failure or refusal of the Chief Executive of the Federation, i.e. the Prime Minister to completely obey, carry out or execute the directions issued by this Court in the case of Dr. Mobashir Hassan (supra) reflects, at least prima facie, that he may not be an “honest” person on account of his not being honest to the oath of his office and seemingly he may not be an “ameen” due to his persistent betrayal of the trust reposed in him as a person responsible for preserving, protecting and defending the Constitution and also on account of allowing his personal political interest to influence his official conduct and decisions. According to the Preamble to the Constitution

 ”sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust” and “the State shall exercise its powers and authority through the chosen representatives of the people”.

A chosen representative of the people deliberately violating such a sacred trust and disregarding his commitment in that regard with Allah Almighty may hardly qualify to be accepted as “ameen”. In the circumstances of this case mentioned above this Court has an option to record a finding in the above mentioned regards and it may hand down a declaration to that effect in terms of clause (f) of Article 62(1) of the Constitution which finding or declaration may have the effect of a permanent clog on the Prime Minister’s qualification for election to or being chosen as a member of Majlis­e-Shoora (Parliament) or a Provincial Assembly. Somewhat similar oaths had also been made by the Co-Chairperson of the relevant political party before entering upon the office of the President of Pakistan and by the Federal Minister for Law, Justice and Human Rights Division before entering upon the office of a Federal Minister and apparent breaches of their oaths may also entail the same consequences.

Option No. 2: Proceedings may be initiated against the Chief Executive of the Federation, i.e. the Prime Minister, the Federal Minister for Law, Justice and Human Rights Division and the Federal Secretary Law, Justice and Human Rights Division for committing contempt of this Court by persistently, obstinately and contumaciously resisting, failing or refusing to implement or execute in full the directions issued by this Court in its judgment delivered in the case of Dr. Mobashir Hassan (supra). It may not be lost sight of that, apart from the other consequences, by virtue of the provisions of clauses (g) and (h) of Article 63(1) read with Article 113 of the Constitution a possible conviction on such a charge may entail a disqualification from being elected or chosen as, and from being, a member of Majlis-e-Shoora (Parliament) or a Provincial Assembly for at least a period of five years.

Option No. 3: In exercise of its powers under Article 187 of the Constitution read with Rules 1 and 2 of Order XXXII of the Supreme Court Rules, 1980 and all other enabling provisions this Court may appoint a Commission to execute the relevant parts of the judgment passed and directions issued in the case of Dr. Mobashir Hassan (supra).

Option No. 4: Although in the present proceedings nobody has so far raised the issue pertaining to the protections contemplated by Article 248 of the Constitution yet if anybody likely to be affected by exercise of these options by this Court wishes to be heard on that question then an opportunity may be afforded to him in that respect before exercise of any of these options.

Option No. 5: It is a statutory duty of the Chairman, National Accountability Bureau under the National Accountability Ordinance, 1999 to proceed against any person prima facie involved in misuse of authority while holding a public office. On the last date of hearing, i.e. 03.01.2012 this Court had directed the Chairman to attend to the matters of appointment of Mr. Adnan Khawaja as Managing Director of the Oil and Gas Development Company Limited (OGDCL) against merit and appointment/promotion of Mr. Ahmed Riaz Sheikh as Additional Director, Federal Investigation Agency (FIA) at a time when both of them were convicted persons and to proceed against all those who were responsible for such appointments/promotion. The Chairman has also failed so far to initiate any action against Malik Muhammad Qayyum, former Attorney-General for Pakistan, in view of the direction issued in that regard in the judgment passed in the case of Dr. Mobashir Hassan (supra), as modified in review to his extent. Today the Chairman has appeared before this Court in person and he has not only failed to advance any satisfactory explanation for his inaction in the above mentioned regards but has also manifested defiance towards this Court by categorically refusing to carry out the earlier directions issued by this Court qua proceeding in the matter of the above mentioned persons. Such inaction on his part in derogation of his statutory duty prima facie amounts to misconduct attracting the last part of section 6(b)(i) of the National Accountability Ordinance, 1999 dealing with removal of the Chairman from his office. Apart from that we have gathered an impression that he has attempted to screen, shield and protect the relevant persons from criminal charges which may attract consequences in some criminal and other laws. In these circumstances appropriate recommendations or directions may be made or issued by this Court in such regards.

Option No. 6: The constitutional balance vis-à-vis trichotomy and separation of powers between the Legislature, the Judiciary and the Executive is very delicately poised and if in a given situation the Executive is bent upon defying a final judicial verdict and is ready to go to any limit in such defiance then instead of insisting upon the Executive to implement the judicial verdict and thereby running the risk of bringing down the constitutional structure itself this Court may exercise judicial restraint and leave the matter to the better judgment of the people of the country or their representatives in the Parliament to appropriately deal with the delinquent. After all the ultimate ownership of the Constitution and of its organs, institutions, mechanisms and processes rests with the people of the country and there may be situations where the people themselves may be better suited to force a recalcitrant to obey the Constitution. It may be advantageous to reproduce here the relevant words of the Preamble to the Constitution of the Islamic Republic of Pakistan, 1973:

“we, the people of Pakistan ——-Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution”.

6. The learned Attorney-General for Pakistan is hereby put on notice to address arguments before this Court on the next date of hearing, after obtaining instructions from those concerned, as to why any of the above mentioned options may not be exercised by us in these matters. It goes without saying that any person likely to be affected by exercise of the above mentioned options may appear before this Court on the next date of hearing and address this Court in the relevant regard so that he may not be able to complain in future that he had been condemned by this Court unheard. The learned Attorney-General for Pakistan is directed to inform all such persons mentioned above about the passage of this order and also about the next date of hearing.

7. On account of constitutional importance of these matters the Honourable Chief Justice is requested to consider the desirability of hearing of these matters on the next date of hearing by a Larger Bench of this Court.

8. Adjourned to 16.01.2012 on which date the learned Attorney-General for Pakistan, the Federal Secretary Law, Justice and Human Rights Division, the Chairman National Accountability Bureau and the learned Prosecutor-General Accountability shall appear before this Court in person.

Since the case is sub-judice and will be decided in the coming days and is expected to have major repurcussions on Pakistani politics, including possible action against Prime Minister Gilani, I wish to say it loud and clear that we must stand with the Supreme Court in its final judgement on the NRO case.

The rule of law must prevail for no-one must be allowed to be above the law. The Pakistan Army must stay away from any intrigues just in case the khaki kings are keen to rule once again. Be it a silent or a loud coup, martial law or an emergency, all such acts will be resisted by the people of Pakistan for the constitution must reign supreme.

The following is a poem on the massacre of Pakistani soldiers by NATO. It is written by Muhammad Aqib Asher, a talented young poet and a patriotic Pakistani.

Soo-e- Maqtal Nikal Rahey Hain

Merey watan ke mohafizo ki

Lahoo main doobi

Katti Phatti si

Vo chand lashey ye poochti hain

Sawaal karti hain

Ayash hukmarano

Zara batao

Ye dosti hai?

 

Ye dosti hai ke apni ismat hi bech daalo?

Pur taqaddus betiyo ke paak daman

Un ke qadmon main jaa bichaao?

Ye dosti kya dosti hai?

Ke jahan chahey, jab bhi chahey

Vo aatish o aahan ka khel kheley

Chaman main aa ke

Kisi bhi ghunchey se

Us ke jeene ki wajah ley ley

Ye dosti hai?

 

Suno e arbab e gulistan

Ke agar yun tohfon main laashey de kar

Tum haq e chahat nibhaaa rahey ho

Chaman ke ghunchey jalaa rahey ho

To jaan lo

Ke apni hasti mitaa rahey ho

Baghavaton ke dehaktey laavey

Gali gali ubhal rahey hain

Tumhari yaari tumhen mubarak

Alam utaney ka waqt aan pohancha

Hum apney haathon main tegh le kar

Soo-e- maqtal nikal rahey hain

Soo-e- maqtal nikal rahey hain

2012 is a new year, it is a time to look forward and a time to pray for a better tomorrow in Pakistan

Other Pakistan will begin 2012 with a poll asking for reader views on what will happen in Pakistan in this year. Please express your views by voting below as well as by posting comments underneath the poll to explain your predictions for 2012. Please note that multiple entries are allowed.

Note: There is a poll embedded within this post, please visit the site to participate in this post's poll.

December 2011’s B-side focuses on the rise of a new politics in Pakistan in the form of an article by James Caan on the rise of Imran Khan’s Pakistan Tehreek-e-Insaf (PTI). With this in mind, the emergence of Bilawal Bhutto Zardari in the PPP is also examined in an article penned by him. The B-side finishes with an article by Christine Fair on Pakistan-US relations after the Mohmand massacre. December 2011’s B-side contents include:

1. Pakistan At Long Last May Have Found The Leader It Needs by JAMES CAAN
2. On The Fourth Death Anniversary of My Mother by BILAWAL BHUTTO ZARDARI
3. Obama Should Apologise by CHRISTINE FAIR

The first article is written by James Caan on the rise and rise of Imran Khan.

Pakistan At Long Last May Have Found The Leader It Needs by James Caan

The article is published in The Independent and can be read here.

WASIM VIEW- James Caan is a well-known British Pakistani and proud Pakistani who cares deeply about Pakistan, so much so that he founded the British Pakistani Foundation. Caan’s article charts the hope of a better tomorrow for Pakistan and he is right to attribute such hope thanks to Imran Khan’s meteoric rise in 2011.

Caan’s article is very pro-PTI and rightly praises Imran Khan for being a true servant of Pakistan. Caan’s article is more than a showering of praise for Imran Khan; rather it seeks to compare and contrast his person with past and present politicians and finds him to be ‘the real deal’.

Although congratulatory in the main, Caan’s article does identify corruption as a menace that has held Pakistan’s back and his use of statistics such as the fact that 24% of Pakistanis live beneath the poverty line are a stark reminder of the problems before Pakistan and her people. Problems that Imran Khan and his team must find credible solutions for.

The second article is written by Bilawal Bhutto Zardari, need I say more?

On The Fourth Death Anniversary of My Mother by Bilawal Bhutto Zardari

The article is published in The Express Tribune and can be read here.

WASIM VIEW- Bilawal Bhutto Zardari has entered the Pakistani political landscape owing to his father’s ill health. The younger Zardari has made his full-blown entry in Pakistani politics and his op-ed on the death anniversary of Benazir Bhutto is more evidence of his emergence.

In terms of the article, Zardari’s praise for his mother and her track record is understandable and to be expected. Much of the article is congratualtory in tone and dedicated to Benazir Bhutto’s memory and her achievements, many of which are open to debate.

Later on in the article, Zardari blows the trumpet for the present PPP government and rightly praises the PPP for its historic NFC award and the 18th constituitional amendment. As a principled opponent, these are achievements I have openly praised here and here.

However the younger Zardari like the older Zardari is guilty of blowing the trumpet a tad too loudly and is guilty of over-extending himself with his words of self-congratulation in his claim that the PPP government forced the US to vacate Shamsi airbase. Bilawal’s words of ‘it is only under a democratic government that Pakistan finally stood up to demand respect from the United States and to do what the dictator with all his military might could not — evacuate the Shamsi airbase’ are not only laughable but untrue as my post on the Shamsi airbase proved here.

Looking ahead, it appears the younger Zardari like the older one, is too keen to engage in jingoistic cheerleading of the PPP’s achievements both perceived and real. As a man of the future, it is hoped that Zardari can see beyond parochial and party interests and serve Pakistan alone, in that he will always have my best wishes.

The final article is written by Christine Fair in the background of NATO’s Mohmand massacre.

Obama Should Apologise by Christine Fair

The article is published by Foreign Policy and can be read here.

WASIM VIEW- Fair’s article is an interesting read, not least when she notes that ‘Pakistanis, whether civilian or military, whether in the government or on the street, want out of this relationship and deeply believe that Americans do not value Pakistani lives. They may not be wrong’.

Most Pakistanis have never felt the US have appreciated our sacrifices from the so-called Afghan Jihad to the present day and Fair is right to draw attention to this truth. Moreover, such a truth is made more obvious when Fair writes that the U.S. ambassador to Pakistan, Cameron Munter had urged President Obama to apologize for the Mohmand massacre but was rubbished by some within the U.S. government as “having gone native”. Such is the arrogance of Obama and his administration that the word SORRY cannot be uttered for innocent Pakistani soldiers who were massacred by American gunships in the dead of night.

Fair rightly criticises NATO’s (read US) failure to follow established procedures as ‘indefensible’ and spends much of her article explaining how NATO committed its blunder in Mohmand Agency. However for some reason known to her alone, Fair then goes off on a tangent and engages in some lazy criticism of Pakistan for playing a double-game with the US. It seems Fair is too desperate to appear fair in giving space to all aspects of the Pakistan-US relationship and thus must have felt she needed to overdo her vitriol against Pakistan’s so-called double game having acknowledged as the main tenet of her article that the US cares little about Pakistan and Pakistani lives.

That said, Fair’s call for Obama to apologise to Pakistan is welcome and the minimum Pakistan expects. Fair is brave in calling for action against those US officials who are responsible for the Mohmand massacre, however her suggestion is unrealistic for the US has always done as it pleases and rarely holds to account those who commit blunders in her name. One example will suffice for Pakistanis still await justice from the US Department of Justice as promised by Cameron Munter for the acts of one Raymond Davis, remember!

A public execution and nothing less will be right for the architects of the treasonous memo. The Supreme Court has rightly been moved to investigate the memo as petitioned by former Prime Minister Nawaz Sharif, with Husain Haqqani and his much maligned boss, President Zardari in the dock for allegedly authoring the treasonous memo as shared below:

BRIEFING FOR ADM. MIKE MULLEN, CHAIRMAN, JOINT CHIEFS OF STAFF

During the past 72 hours since a meeting was held between the president, the prime minister and the chief of army staff, there has seen a significant deterioration in Pakistan’s political atmosphere. Increasingly desperate efforts by the various agencies and factions within the government to find a home – ISI and/or Army, or the civilian government – for assigning blame over the UBL raid now dominate the tug of war between military and civilian sectors. Subsequent tit-for-tat reactions, including outing of the CIA station chief’s name in Islamabad by ISI officials, demonstrates a dangerous devolution of the ground situation in Islamabad where no central control appears to be in place.

Civilians cannot withstand much more of the hard pressure being delivered from the Army to succumb to wholesale changes. If civilians are forced from power, Pakistan becomes a sanctuary for UBL’s legacy and potentially the platform for far more rapid spread of al Qaeda’s brand of fanaticism and terror. A unique window of opportunity exists for the civilians to gain the upper hand over army and intelligence directorates due to their complicity in the UBL matter.

Request your direct intervention in conveying a strong, urgent and direct message to Gen Kayani that delivers Washington’s demand for him and Gen Pasha to end their brinkmanship aimed at bringing down the civilian apparatus – that this is a 1971 moment in Pakistan’s history. Should you be willing to do so, Washington’s political/military backing would result in a revamp of the civilian government that, while weak at the top echelon in terms of strategic direction and implementation (even though mandated by domestic political forces), in a wholesale manner replaces the national security adviser and other national security officials with trusted advisers that include ex-military and civilian leaders favorably viewed by Washington, each of whom have long and historical ties to the US military, political and intelligence communities. Names will be provided to you in a face-to-face meeting with the person delivering this message.

In the event Washington’s direct intervention behind the scenes can be secured through your personal communication with Kayani (he will likely listen only to you at this moment) to stand down the Pakistani military-intelligence establishment, the new national security team is prepared, with full backing of the civilian apparatus, to do the following:

1. President of Pakistan will order an independent inquiry into the allegations that Pakistan harbored and offered assistance to UBL and other senior Qaeda operatives. The White House can suggest names of independent investigators to populate the panel, along the lines of the bipartisan 9-11 Commission, for example.

2. The inquiry will be accountable and independent, and result in findings of tangible value to the US government and the American people that identify with exacting detail those elements responsible for harboring and aiding UBL inside and close to the inner ring of influence in Pakistan’s Government (civilian, intelligence directorates and military). It is certain that the UBL Commission will result in immediate termination of active service officers in the appropriate government offices and agencies found responsible for complicity in assisting UBL.

3. The new national security team will implement a policy of either handing over those left in the leadership of Al Qaeda or other affiliated terrorist groups who are still on Pakistani soil, including Ayman Al Zawahiri, Mullah Omar and Sirajuddin Haqqani, or giving US military forces a “green light” to conduct the necessary operations to capture or kill them on Pakistani soil. This “carte blanche” guarantee is not without political risks, but should demonstrate the new group’s commitment to rooting out bad elements on our soil. This commitment has the backing of the top echelon on the civilian side of our house, and we will insure necessary collateral support.

4. One of the great fears of the military-intelligence establishment is that with your stealth capabilities to enter and exit Pakistani airspace at will, Pakistan’s nuclear assets are now legitimate targets. The new national security team is prepared, with full backing of the Pakistani government – initially civilian but eventually all three power centers – to develop an acceptable framework of discipline for the nuclear program. This effort was begun under the previous military regime, with acceptable results. We are prepared to reactivate those ideas and build on them in a way that brings Pakistan’s nuclear assets under a more verifiable, transparent regime.

5. The new national security team will eliminate Section S of the ISI charged with maintaining relations to the Taliban, Haqqani network, etc. This will dramatically improve relations with Afghanistan.

6. We are prepared to cooperate fully under the new national security team’s guidance with the Indian government on bringing all perpetrators of Pakistani origin to account for the 2008 Mumbai attacks, whether outside government or inside any part of the government, including its intelligence agencies. This includes handing over those against whom sufficient evidence exists of guilt to the Indian security services.

Pakistan faces a decision point of unprecedented importance. We, who believe in democratic governance and building a much better structural relationship in the region with India AND Afghanistan, seek US assistance to help us pigeon-hole the forces lined up against your interests and ours, including containment of certain elements inside our country that require appropriate re-sets and re-tasking in terms of direction and extent of responsibility after the UBL affair.

We submit this memorandum for your consideration collectively as the members of the new national security team who will be inducted by the President of Pakistan with your support in this undertaking.

The memo above is without doubt an act of treason against the state of Pakistan for it is nothing less than the selling of the motherland and openly enslaves us to America and her agenda. The Zardari-Gilani government have declared the memo to be a ’non-issue’, however if the Supreme Court finds Husaim Haqqani and the PPP leadership to have authored it then it will be further proof of how low our so-called leaders can go to prolong their rule at the cost of Pakistan.

The memogate timeline and accusations of Husain Haqqani and Mansoor Ijaz are known to all. My dislike for the Zardari-Gilani government is in the public domain and I have similar views regarding Husain Haqqani, however I will honour the principles of natural justice by passing comment on their protagonist, Mansoor Ijaz.

Mansoor Ijaz penned an article in the Financial Times on October 10 informing the world of the secret memo, some five months later after he wrote it according to him as per the instructions of Husain Haqqani. The obvious question for Ijaz is why release this information in October and not in May when it was written after the Bin Laden debacle, what has prompted his about-turn and what was his agenda and intention in writing his article in the Financial Times.

The Pakistani people too often engage in conspiracy theories, however Mansoor Ijaz has to prove his acts were not an act of conspiracy against Haqqani and the Pakistani government. Indeed he has many questions to answer for his surprise recollection of the memo in October cannot be explained away easily. Furthermore Mansoor Ijaz’s views on the Pakistan Army and the ISI are not positive, in fact his article in the Financial Times is full of bile against the ISI, thus the motives of Mansoor Ijaz in releasing his ‘memo truth’ need to be examined.

Ijaz has given his account in an article published on Newsweek here and in a rejoinder published in The News here and as shared below:

FACTS ARE STUBBORN THINGS, says Mansoor IJAZ

NEW YORK – “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” — John Adams, ‘Argument in Defense of the Soldiers in the Boston Massacre Trials’, December 1770.

On November 10, 2011, Foreign Policy, a US news journal focused on foreign affairs reporting in Washington DC, published an article in which the author elicited certain statements from Admiral Mike Mullen’s spokesman, Captain John Kirby, denying that the Admiral had received a memorandum specifically from me containing certain information and making certain offers from the civilian government of Pakistan to the United States on May 10th, nine days after Osama bin Laden had been killed in a raid on the Abbottabad compound he was hiding in for nearly six years.

The background behind why this denial was solicited from Admiral Mullen, and issued, is important to understand. One month after I published an opinion piece in the Financial Times in which I wrote that I had been asked by a senior Pakistani diplomat to act as a private channel in getting the memorandum into the admiral’s hands — not that I delivered the memorandum myself, but that I made sure it got to him through the right channel in Washington — there is growing desperation within the government of President Asif Ali Zardari to cover its tracks in what a certain Pakistani official did, apparently with the president’s consent or perhaps just in his name, outside the knowledge of the country’s military leaders, intelligence department and even its Foreign Office. This cabal within Pakistan’s civilian government will stop at nothing to prevent me from telling the truth by attempting to discredit me — a miscalculation of epic proportions.

As I stated in my previous Press Release, I have the facts — ALL THE FACTS. And so today, without compromising names or the highly sensitive content of the memorandum, I am providing a sampling of the truth in my possession to set the record straight. My purpose is to give sufficient evidence to insure:

a) that there can be no doubt a request was made of me by a senior Pakistan government official, not that I asked to be involved in this matter. Neither did I offer to do anything until I asked senior current and former US officials whether there was receptivity to what the Pakistani official had authorized me to discuss with them.

b) that there can be no doubt a memorandum was drafted and transmitted to Admiral Mullen with the approval of the highest political level in Pakistan, and that the admiral received it with certainty from a source whom he trusted and who also trusted me. It was a source the admiral would not, and according to e-mail traffic in my possession, did not ignore.

c) that there can be no doubt proof exists of the admiral acknowledging receipt of the memorandum. Whether he chose to do anything with the memorandum or not, I cannot know and do not care — my responsibility was to see that the memo got into his hands safely. The visible actions of both governments in the aftermath of that memorandum being delivered demonstrate that if it was not a source of content for those actions, the actions taken by both the US and Pakistan even as recently as the past few weeks track closely with the offers made by Pakistan on May 10th.

d) that the public should know a persistent effort has been made by an array of Pakistanis, particularly by the diplomat who fears his name will be divulged, in the weeks following publication of my opinion piece to persuade, pressure, intimidate and even threaten me to not make further disclosures about the events of May 9th and 10th. The solicitation of a denial from Admiral Mullen was their last gasp hope in trying to shut me up. Obviously it did not work.

The data set forth below is divided into three categories. The first deals with dates on which the intervention was requested from me and some of the key communications at points during those three days to give an overview of how the intervention took shape. The second deals with communications I had with the Pakistani official in an effort to stop further disclosures that would compromise the Zardari government. And the third deals with Admiral Mullen’s press statement of November 10 disavowing any knowledge of the memorandum or the circumstances in which he got it.

I have withheld, pending an official investigation by certain organs of Pakistan’s government, names, telephone numbers and e-mail addresses of those involved — this data will only be provided to the official bodies who request them from me and who demonstrate their independence and concern for learning the truth from these facts. The memorandum will remain out of public view unless the official bodies of Pakistan’s government deem it appropriate to release it.

THE MEMORANDUM

From about midday on May 9th until the afternoon of May 12th, I set forth below a sampling of BBM messages and times and dates as well as durations of calls with content to give an overview of the timeline in skeleton form. Much more data exists than has been shown here. The data set is complete. It can withstand any forensic examination required and can be verified if and when the need arises to give official bodies an accounting of what happened on those days. At the outset, the first BBM message sent as set forth below was unsolicited and sent by the Pakistani official to me on Monday, May 9, 2011 at 12:31pm. The timeline develops from this first instance of contact with the Pakistani official — prior to this unsolicited message, we had not had any material communications for several months. All times noted are Central European Time (with US time calculated to be six hours behind). BBM refers to BlackBerry messages. E-M refers to E-mails.

BBM 05/09/2011 12:31 [PAK OFFICIAL-NAME REDACTED]: Are you in London? I am here just for 36 hours. Can we meet for after dinner coffee or s’thing?

BBM 05/09/2011 12:32 Mansoor IJAZ: I’m in Monaco but it’s no problem for me to fly up. Takes 90 minutes. What time did you have in mind? Where do you want to meet?

BBM 05/09/2011 12:35 [PAK OFFICIAL]: Pls call me. I’m at [NAME OF HOTEL, TEL NO. AND ROOM NUMBER REDACTED]

BBM 05/09/2011 12:35 [PAK OFFICIAL]: Waiting for ur call now

TEL 05/09/2011 12:35:49 [TEL# REDACTED] call to Pakistan official at his request during which notes were taken to frame outline of memo. duration of call 16:03

TEL 05/09/2011 12:58:06 [TEL# REDACTED] call to US contact, duration of call 02:25

TEL 05/09/2011 13:54:31 [TEL# REDACTED] call to US contact, duration of call 19:26

Memorandum was formulated, edited and sent for Pakistani approval during the balance of the day of May 9th.

E-M 05/09/2011 18:32 E-MAIL FROM IJAZ to PAK OFFICIAL: first draft of the Memorandum to review, edit and get approved

BBM 05/09/2011 18:38 Mansoor IJAZ: The message I sent is what MM will see. It will be given directly to him and no one else

BBM 05/09/2011 18:59 Mansoor IJAZ: My friend in DC simply said too many people have been burned in the past two years on the US side and he wanted to insure that on such a sensitive subject, the data and proposal are clear. This is you to me, me to him. He trusts me enough to know I won’t bring it forward unless it has top level approval. [SENTENCE RELATING TO NAMES REDACTED]. So get whatever message you want delivered back to me and I’ll insure it gets in MM’s hands. Best. M

BBM 05/10/2011 00:29 [PAK OFFICIAL]: Msg recvd. Tweaking. Middile of road option sounds good. Will call morning.

E-M 05/10/2011 02:04 E-MAIL FROM IJAZ TO US CONTACT with final agreed draft of Memorandum, pending one final approval from Pakistani official to confirm agreement on content and agreement to go ahead with delivery to Admiral Mullen

BBM 05/10/2011 08:47 Mansoor IJAZ: You have mail from two of my mailboxes. Please read, respond and then we have one last short discussion before I put everything in motion. Thanks. M

TEL 05/10/2011 09:06:16 [TEL# REDACTED] call to Pakistan official, duration of call 11:16 — during this call, the official gave me his consent and told me he had “approval from the boss” to proceed

E-M 05/10/2011 14:04 RETURN RECEIPT of E-mail from US contact sent at 02:04am (at his local time 08:04am) which contained the Memorandum

TEL 05/10/2011 14:51:33 [TEL# REDACTED] call to US contact (at his local time 08:51), duration of call 02:55 — informed the contact that we had a GO from Zardari and that the memo I had sent him at 02:04am was final and could be delivered to Admiral Mullen

BBM 05/10/2011 14:57 Mansoor IJAZ: Message delivered with caveat that he has to decide how hard to push — we only set the table. He must decide if he wants one course meal or seven course meal. Ball is in play now — make sure you have protected your flanks

E-M 05/11/2011 20:06 E-MAIL FROM US CONTACT TO IJAZ stating “Mansoor, message delivered, Best [NAME REDACTED]“

A meeting took place during the afternoon of May 11 in which senior Pakistani officials and senior US officials were present. The purpose of the back-channel memorandum as conceived by the Pakistani official was to give the US side sufficient incentive in the form of the memo’s high-quality deliverables that it would appear innocuous to Pakistani intelligence and military officials accompanying certain political officers of the government to the meeting if and when Admiral Mullen delivered a strong rebuke against any military intervention that might displace the civilian government in the days following the raid.

The Pakistani official called me after the meeting had taken place and was almost gleeful that Admiral Mullen had agreed to take certain actions in line with what was asked of him and that it would all remain within the normal course of inter-agency dealings in his role as Chairman of the Joint Chiefs.

We can no longer exclude the possibility that the civilian apparatus needed to create the specter of a coup — when none actually existed — to divert attention away from….. well, let’s leave that for another day. We continue with the data and stick to the facts.

BBM 05/12/2011 00:36 [PAK OFFICIAL]: Call me on my cell

BBM 05/12/2011 00:37 [PAK OFFICIAL]: Also, M in ur msgs above referred to the Admiral, right?

BBM 05/12/2011 00:37 Mansoor IJAZ: Yes

BBM 05/12/2011 00:54 Mansoor IJAZ: Clarification. M at the end of a message is Mansoor. M or MM in the text of a message is the admiral. Apologies for any confusion.

E-M 05/12/2011 01:44 E-MAIL FROM US CONTACT TO IJAZ confirming time of delivery when Admiral Mullen received the Memorandum and that Admiral Mullen had called the US contact (the remaining content of this e-mail is not for public disclosure)

BBM 05/12/2011 02:47 [PAK OFFICIAL]: Thanx. On way to [LOCATION REDACTED]. Will touch base on return

BBM 05/12/2011 02:54 Mansoor IJAZ: Good luck. Let me know at any time if you need any help

ORCHESTRATING THE ADMIRAL’S DENIAL

 I wrote the FT opinion piece, ultimately published on October 10th, back in September, a few days after Admiral Mullen testified in Congress at his final hearing about the complicity of Pakistan’s military and intelligence services in certain attacks on United States and NATO interests. I wrote the piece because I felt Admiral Mullen, whom I do not know personally but have admired greatly for his steady hand in dealing with a tough bunch, had been harshly mistreated by Pakistan’s press corps for stating an essential and existential truth.

I felt it was important for the public at large to understand that he had genuinely tried to do something about the problem as he navigated the complex relationship between Washington and Islamabad, and that the failures cropping up in the bilateral relationship were not for a lack of trying to fix things. I opened the piece with the brief anecdote of what had been done in May to highlight the tangible actions that had been taken to deal with the growing interference and threat posed by extremist segments of the military and intelligence communities in Pakistan.

I did not imagine at the time I wrote the piece that Pakistan’s press corps would only latch on to the issue of a secret memorandum being issued without public (or at least wider government agency) knowledge or that the Pakistani official who asked me to make sure it got into Admiral Mullen’s hands could view anything we had done as wrong for the survival of the civilian government. Unfortunately, as I have learned over and over in dealing with Pakistan’s leaders through four government changes since 1994, they just cannot avoid dissimulation — being something other than what they pretend to be.

On October 28th, after a week of press releases, op-ed pieces and editorials in the Pakistani press regarding the Memorandum, my role in delivering it, the expected denials of the Foreign Office and the tongue-lashing of my good name, I and the Pakistani official who started this all shared an interesting exchange of messages via BlackBerry — perhaps the last communications we will ever have. The full details of that exchange will remain private, except for a few interesting remarks that foretold what was being planned in eliciting the Mullen denial — which I’ll deal with in the next segment.

These exchanges demonstrated the increasing tension, hostility, anxiety and frustration of the Pakistani official in not being able to control a monster of his own making. It also showed the desperation of himself and his bosses to head off a coming storm in accounting for their actions. A review of the partial BBM messenger transcript between myself and the Pakistani official which began on the day after Pakistan’s Foreign Office issued its version of the Mullen denial sets the record straight with crystal clarity:

10/28/2011 21:37 [PAK OFFICIAL]: Basically you don’t get it

10/28/2011 21:37 [PAK OFFICIAL]: You have given hardliners in Pak Mil reason to argue there was an effort to get US to conspire against Pak Mil

10/28/2011 21:38 [PAK OFFICIAL]: I will make sure FO shuts up

10/28/2011 21:38 Mansoor IJAZ: Okay, well I know my IQ is pretty low so you are probably correct in saying I just don’t get it.

10/28/2011 21:39 [PAK OFFICIAL]: The Pak press be damned

 10/28/2011 21:39 [PAK OFFICIAL]: I stand by you as a man of integrity werving his country

10/28/2011 21:40 Mansoor IJAZ: But from my point of view, if there was a real threat, as you stated at the time, it is clear you were trying to save a democratic structure from those hawks

10/28/2011 21:41 [PAK OFFICIAL]: You get to write the book on how you changed US-Pak dynamic and won the war in A’tan (w/ some help from a Paki nerd)

10/28/2011 21:42 Mansoor IJAZ: I was happy to get the message in the back door because it served American interests to preserve the democratic civilian setup and the offers made, if achieved, were very much congruent with American objectives in the region

10/28/2011 21:42 [PAK OFFICIAL]: True that, friend. But you know premature revelation ain’t good

10/28/2011 21:43 Mansoor IJAZ: As far as I can see, we did right. Unless there is something I don’t see here. But then I’m sorta dumb from down on the farm where them hillbillies live

10/28/2011 21:43 [PAK OFFICIAL]: Hey! Don’t run down hillbillies

10/28/2011 21:44 [PAK OFFICIAL]: Even the smartest can miss a piece of the puzzle

10/28/2011 21:46 [PAK OFFICIAL]: Let this one go. There is much to do. MUCH. [REDACTED]

 10/28/2011 21:47 [PAK OFFICIAL]: We’ll make things happen and if we can’t, we’ll write a book about it

10/28/2011 21:48 [PAK OFFICIAL]: The debate abt your oped has caused my detractors to put pressure on my boss

********************************

10/28/2011 21:54 [PAK OFFICIAL]: It is folks at State who got pissed off by your mission

10/28/2011 21:54 Mansoor IJAZ: Which mission? Sudan, Kashmir, there were so many they got pissed off about. [REDACTED]

10/28/2011 21:54 [PAK OFFICIAL]: The latest one

10/28/2011 21:55 Mansoor IJAZ: Yeah, I got it. You’re right!

10/28/2011 21:58 Mansoor IJAZ: Anyway, State will always hate me because I don’t accept their muddling way of doing things

10/28/2011 22:03 [PAK OFFICIAL]: I don’t know for a fact but I won’t be surprised if the FO statement was prompted by someone here

10/28/2011 22:11 [PAK OFFICIAL]: And now they hate me more when folks [REDACTED] who hate me tell them you and I might have been together on s’thing (whether we were or not is irrelevant to them)

10/28/2011 22:12 [PAK OFFICIAL]: That’s why I have been requesting you to let this one go

10/28/2011 22:12 [PAK OFFICIAL]: That takes attention off me

10/28/2011 22:13 Mansoor IJAZ: Hmmmmmmmmm……. Not sure anything could take attention off you

10/28/2011 22:16 Mansoor IJAZ: Did we really solve a true problem or was this all smoke and mirrors?

10/28/2011 22:16 Mansoor IJAZ: I mean on those days of stress…

10/28/2011 22:23 [PAK OFFICIAL]: Too early to say re solution

10/28/2011 22:28 [PAK OFFICIAL]: I think we save the situation from an extremely violent outcome

*******************************

11/01/2011 22:06 Mansoor IJAZ: Hi buddy, I understand you/ your foreign office hacks are commissioning hatchet pieces against me. Unfortunate…. very unfortunate

11/01/2011 22:31 [PAK OFFICIAL]: I will enquire and stop them. There’s no need for any of this.

11/01/2011 22:31 [PAK OFFICIAL]: You haven’t helped by engaging so much w/ Pak media.

11/01/2011 22:32 [PAK OFFICIAL]: What happened to the ‘silent soldier’?

11/01/2011 22:34 Mansoor IJAZ: Roger that

11/01/2011 22:38 [PAK OFFICIAL]: Are you sure your side won’t deny?

11/01/2011 22:38 Mansoor IJAZ: No, maybe they will. But that would also be a mistake. Too much proof on that side as well.

11/01/2011 22:39 [PAK OFFICIAL]: But does “proving” help anything?

11/01/2011 22:39 [PAK OFFICIAL]: Is it not the nature of a private mission that officials deny it?

11/01/2011 22:41 Mansoor IJAZ: Don’t know. Don’t care. My point is simple — I’ve said what I was going to. Attacks on my person will not be tolerated. And my statement stands. Stop telling lies about me and I might just stip telling the truth about you

11/01/2011 22:42 [PAK OFFICIAL]: If you were to listen to my advice, you would let this blow over and prove yourself afterwards. You are the one who will outlast the flying s***

11/01/2011 22:43 [PAK OFFICIAL]: That is usually my strategy: be there when the others have self-destructed or blown over

The most alarming exchange was on November 1st when the diplomat asked me, presciently as it turned out when Foreign Policy published its article 9 days later, whether my side (meaning the US officials with whom we had communicated) would not deny the existence of the memorandum, etc. It was a threat in plain sight — a polite reminder that this Pakistani expert in media management would insure a denial by Pakistan would be matched by a denial in the US with the messenger damned in between. Meanwhile, his name would remain hidden. And his role in all this would be left for further expounding on in his new book.

One final note on this entire episode. Once the Pakistani official figured out I was not one he could cow down, intimidate, persuade or threaten, he deleted me from his BlackBerry contact list in the hopes that any conversation between us would automatically get deleted as well. He did this on or about November 6, three days before the Foreign Policy piece was published. An interesting coincidence…. trying to erase history as if it never happened….

I leave it to the readers to decide who did what to whom, when and for what purpose — the facts are now sufficiently enunciated to give anyone who views this story with an unjaundiced eye a clear view of the events that took place in May, and the Herculean effort to cover it all up during the past one month since I wrote my views in the FT.

ADMIRAL MULLEN’S STATEMENT & FOREIGN POLICY’S ARTICLE

Josh Rogin wrote: “Ijaz also alleged in his op-ed in the Financial Times that Zardari communicated this offer by sending a top secret memo on May 10 through Ijaz himself, to be hand-delivered to Adm. Michael Mullen, then chairman of the Joint Chiefs of Staff and a key official managing the U.S.-Pakistan relationship.” — I never said I delivered anything to Adm Mullen. What I wrote was — the memo was delivered to Adm Mullen at 1400 hrs on May 10.

Captain John Kirby told FP, “Adm. Mullen does not know Mr. Ijaz and has no recollection of receiving any correspondence from him,” — it is true that I do not know Admiral Mullen and have never met him. But the person I asked to take the memorandum to him — that person knew him about as well as anyone can. And that person knows me pretty well too.

Captain Kirby: “I cannot say definitively that correspondence did not come from him — the admiral received many missives as chairman from many people every day, some official, some not. But he does not recall one from this individual…” It surely did not come directly from me, and we have proof that Admiral Mullen received the memorandum and acknowledged it to the person who delivered it to him.

The entire Rogin article was written with a slant to discredit me personally because whoever put him up to writing the article could not avoid the facts — facts that the hidden hand behind Rogin’s article knew full well because he, along with myself, are the only two people who know precisely what we did.

Rogue operations in governments have no place in our world today. The people of Pakistan deserve better. They deserve to know the truth. And it is alone for the Pakistani people to decide whether their political leaders deserve their faith and trust after learning the truth of what has been done in their names. Equally, the American people deserve to know the truth. Our patience for the misdeeds and machinations of Pakistan’s political leaders is now all but lost, and we do not need the aggravation of further manipulation at the hands of Islamabad’s disingenuous rulers, or disingenuous US bureaucrats who hide the sins of foreign diplomats so they can get any sliver of America’s agenda executed. Bad policy is bad policy. It cannot be sugar-coated with diplomatic niceties.

I end where I started. Facts are stubborn things. If the Pakistani government’s vicious cabal stops telling lies about me, I might just stop telling the truth — the whole truth — about it. The whole truth, once it comes out, will not be easy for anyone to swallow. I remain as adamant as ever that the truth be told fairly, justly and without revisionists and hypocrites doing all they can to avoid the judgment of history.

ENDS—

Mansoor Ijaz’s rejoinder above is considerable and needs to be read by all interested in getting to the truth, however its true worth will be decided in court, and I am confident that the Supreme Court of Pakistan will get to the truth and ensure justice prevails.

To end, in recent days the civilian and military leadership have shown to be in open conflict on the memo with rumours aplenty of coups and the end of the Zardari presidency. I must state that democratic rule must prevail irrespective of my dislike of the Zardari-Gilani government; Pakistan cannot endure another round of martial law and any further ignominy.

16 December 1971 remains the darkest day in Pakistan’s history as on that day, the Quaid’s Pakistan died. Thus 16 December is a day of shame as the Pakistan of the Quaid was reduced to its present diminished and degraded form, thanks to a combination of West Pakistan’s ill treatment of East Pakistan over decades and Indian evil.

Forty years later, Pakistan has still not learnt the hard lessons of our collective national ignominy. The Pakistan of 1947 was one built on the strongest of foundations however wilful neglect by the state led to a discord that destroyed my country and I fear that similar parallels can be drawn with the Pakistan of today vis a vis Balochistan.

As a people and as a state we must look inwards and ask our rulers and the state tough questions with a view to serving Pakistan above all else. For the lesson of 16 December is that a patriotic majority of our countrymen in East Pakistan had been made into enemies, and that India took advantage of that situation. The great Ahmed Faraz saab said it best in his Urdu couplet ‘Ghairon se kya gila, jab apnon ke haath se hai doosron ki aag mere ghar lagi hui’.

This 16 December, I ask all Pakistani wherever they reside to pledge that we will learn the lessons of this day and use it to change the destiny of Pakistan in the East and the West. As someone who has never accepted our dismemberment, forty years later I make a break with the past and today accept with a heavy heart the state of Bangladesh and pledge to serve the mission of Sher-e-Bengal Mehmood Ali to bring East and West Pakistan together in a confederation.

Pakistan Zindabad

NATO’s Mohmand Agency’s massacre of innocents at Salalah checkpost in Mohmand Agency has made my blood boil. The deliberate killing of Pakistani soldiers by NATO is nothing short of a war crime and an act of war against the state of Pakistan.

As Pakistanis enslaved to the might of the US exercised by way of daily drone attacks, one can say that such targeted killings of Pakistani soldiers was always going to happen for the US and NATO have been emboldened to kill at will owing to the weakness of our civilian and military leaders to defend Pakistani interests.

One need not look further than the Osama Bin Laden raid, Raymond Davis and well before that the American shooting practice of Pakistanis in Angoor Adda in South Wazirstan to note that the US and NATO have killed Pakistani soldiers and civilians be it by drone or helicopter as per their sweet will. It is upsetting to write that such ignominy for the Pakistani state was around and the corner given that Pakistan’s leaders in suits a la Zardari and Gilani and in khakis a la Kayani and Pasha have acquiesced to American demands at the cost of Pakistani interests.

That said, I must say I have been left pleasantly surprised at the response by the Pakistani leadership in reclaiming Shamsi airbase (my drone truth) from the US and the suspension of the NATO route as well as Pakistan’s refusal to attend the Bonn Conference. The decision to review Pakistan-US ties is welcome and the Foreign Office led initative beginning this week to review Pakistan’s foreign policy is most welcome and gives me hope that maybe at long last, Pakistan’s ruling elite has woke up and smelled the coffee or chai that Pakistan cannot enslave herself to the US and NATO no longer.

The martyrdom of Captain Usman and his 23 colleagues in Mohmand Agency has hurt us all. The following moving videos capture my mood and the mood of the nation:

The 24 Pakistani soldiers sacrificed their lives for their mother country, their heroic acts should inspire us all to defend our motherland from outside enemies like NATO as well as from enemies within our ruling elite.