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The judiciary-military tangle in Pakistan

The judiciary-military tangle in PakistanIts different power centres are asserting themselves. There is uncertainty ahead

The death sentence given to former military ruler Pervez Musharraf in a treason case is unprecedented in Pakistan, where the army has ruled for almost half of the country’s history and continues to play an outsized role. The verdict by a special court, handed down in a case against Mr Musharraf for imposing emergency in 2007, has clearly embarrassed and angered the military. While opposing the sentence, the military said Mr Musharraf can never be a traitor.

Mr Musharraf had once famously remarked that Pakistan’s Constitution was just a piece of paper to be thrown in the dustbin. This cavalier attitude had characterised his years as both army chief and then Pakistan’s ruler, from the decision to send troops to occupy strategic heights in the Kargil sector, which led to a conflict with India, or his move to take on the judiciary in 2007, which ultimately led to his downfall.

Pakistan’s judiciary has had a complicated and complex relationship with both the military and the civilian government, sometimes adopting an unnecessary role as a power arbitrator. The death sentence will have far-reaching ramifications, and could trigger uncertainty, as Pakistan’s different power centres seek to assert themselves. It remains to be seen whether the verdict will send out a message that the generals can no longer interfere in politics and grab power, or whether the military, which in recent years, has begun shaping electoral outcomes to suit its needs instead of assuming power directly, will ensure it remains the dominant force. But it, nonetheless, represents a significant moment in the country’s complex polity.


China’s bid to raise K-issue thwarted It is bilateral matter, reiterates France at UN

China’s bid to raise K-issue thwarted

Sandeep Dikshit

Tribune News Service

New Delhi, December 17

A Chinese attempt to corner India ahead of its high-profile 2+2 meeting of its Foreign and Defence Ministers with its US counterparts in Washington on Wednesday fell flat. France took credit for the postponement of a China-proposed United Nations Security Council (UNSC) closed-door meeting that was being confidently claimed earlier in the day as slated for Tuesday.

China had appended a request to all UNSC members to heed Pakistan’s letter seeking an urgent meeting on Kashmir. Had the UNSC taken up the matter, it would have not just meant diversion of diplomatic capital but would have also taken the sheen off the 2+2 meeting, an approach that New Delhi believes is propelling it into the big league.

“Kashmir will not be discussed in the Security Council today. Our position has been very clear. The Kashmir issue has to be treated bilaterally. We have highlighted this several times recently, including in New York,” French diplomatic sources told The Tribune here today.

One of the primary issues on the table at the India-US 2+2 meet is the plan to further invigorate the Quad — a loose maritime-based alliance of India, Australia, the US and Japan — primarily around China’s coastal underbelly to ensure free navigation rights around the islands being claimed by China in South China Sea and the Sea of Japan. India has already held a ministerial-level two-plus-two meet with Japan.

However, sources said the postponement means the issue will come up again and India will have to again rely on its diplomatic allies, basically some of the UNSC Permanent Members, to either ward off the attempt altogether or ensure it is held behind closed doors.

The Chinese attempt, however, sits uneasily with the recent Mamallapuram informal summit between PM Narendra Modi and Chinese President Xi Jinping as well as the willingness by Beijing to hold a meeting later this month of their special representatives on the border issue.

Meanwhile, India strongly rejected a resolution adopted by the Pakistan National Assembly that criticised the citizenship law and asked New Delhi to revoke its “discriminatory”’ clauses. The Ministry of External Affairs called the resolution a “poorly disguised effort” to divert attention from Pakistan’s “appalling treatment” and “persecution” of its religious minorities. “It seeks to provide justification for Pakistan’s unrelenting support for cross-border terrorist activities in India. We are confident that such attempts will fail,” added the MEA.

The MEA also reacted strongly to a statement by Pakistan PM Imran Khan at the Global Refugee Forum in Geneva. “Khan has once again peddled familiar falsehoods at a multilateral platform to advance his narrow political agenda by making gratuitous and unwarranted remarks on matters entirely internal to India. It should now be clear to the entire world that this is an established pattern of his habitual and compulsive abuse of global forums,” said MEA spokesperson Raveesh Kumar.


India slams Pakistan resolution on CAA

India on Tuesday strongly rejected a resolution adopted by the Pakistan National Assembly that criticised the citizenship law and asked New Delhi to revoke its “discriminatory”’ clauses. The Ministry of External Affairs called the resolution a “poorly disguised effort” to divert attention from Pakistan’s “appalling treatment” and “persecution” of its religious minorities.


Proposed closure of OTA, Gaya: Nitish shoots off angry missive to Rajnath

Proposed closure of OTA, Gaya: Nitish shoots off angry missive to Rajnath

Patna, December 18

Bihar Chief Minister Nitish Kumar on Wednesday shot off a letter to Defence Minister Rajnath Singh registering a strong protest against the Centres decision to shut down the Officers Training Academy situated in Gaya.

In the letter, Kumar said he came across the news of proposed closure of the OTA, Gaya, in some newspapers and digital media.

The Chief Minister, whose JD (U) is an alliance partner of the BJP, termed the development as “shocking and very disturbing”.

The OTA, Gaya, which was set up in 2011, “not only provided employment opportunities in the region but also contributed towards economy and sense of security in the area”, he added.

“It would be very inappropriate to close the Officers Training Academy at Gaya. This wrong decision by Ministry of Defence is against the states interest and it would be a gross injustice to the people of Bihar”, Kumar added. PTI


Musharraf sentenced to death in case of treason

Imtiaz Ahmad

letters@hindustantimes.com

Islamabad : A Pakistani court on Tuesday sentenced former military ruler Pervez Musharraf to death on charges of high treason and subverting the Constitution in a case related to the emergency he imposed in 2007, a move that comes as a major embarrassment for the army high command.

This is the first time in Pakistan’s history that a former army chief has been sentenced to death. The powerful army, usually considered immune from prosecution, expressed its opposition to the verdict and said Musharraf can “never be a traitor”. The Imran Khan government said it would review the special court’s decision.

Musharraf, 76, was sentenced in absentia as he has been in self-imposed exile since a travel ban was lifted in 2016 to allow him to seek medical treatment abroad. The treason trial began in 2013 and is one of several cases related to the state of emergency from November 2007 to February 2008, when all civil liberties, human rights, and the democratic process were suspended.

The former president, who was born in Old Delhi, has been living in Dubai and is said to be very ill and unlikely to travel home to face the sentence. Pakistan and the UAE have no extradition treaty and Dubai authorities are unlikely to arrest him.

The special court said in a summary that it analysed complaints, records, arguments and facts, and reached a majority verdict, with two of the three judges giving the decision against Musharraf.

The military’s media arm said the verdict has been received “with a lot of pain and anguish by rank and file of Pakistan Armed Forces”. It added: “An ex-Army Chief, Chairman Joint Chief of Staff Committee and President of Pakistan, who has served the country for over 40 years, fought wars for the defence of the country can surely never be a traitor.”

The military further said the “due legal process seems to have been ignored, including constitution of the special court, denial of fundamental right of self defence, undertaking individual specific proceedings and concluding the case in haste”.

It added that Pakistan’s armed forces “expect that justice will be dispensed in line with the Constitution”.

Musharraf would have the right to challenge his sentence if he returns to Pakistan, where the military maintains a strong grip on power and has ruled the country for half its 72-year history. The case was heard by a bench comprising justices Waqar Ahmad Seth of the Peshawar high court, Shahid Karim of the Lahore high court and Nazar Akbar of the Sindh high court.

Death sentence puts Musharraf’s legacy over India-Pak ties in focusILLUSTRIOUS PAST Former Pakistan president will always be remembered for his role in addressing relations with India

Imtiaz Ahmad

letters@hindustantimes.com

Islamabad : Former Pakistan president Pervez Musharraf will be remembered in the context of India-Pakistan relations as much for his four-point formula for settling the Kashmir issue as his foolhardy attempt to internationalise the matter through the intrusion in the Kargil sector of the Line of Control (LoC).

Musharraf, who was sentenced to death by a special court on Tuesday on charges of high treason, is remembered fondly by many Pakistanis for reviving the country’s economy and his bold initiatives in domestic policy.

During his tenure, Pakistanis saw an increase in economic activity on the back of low interest rates which led a boom in the real estate sector and consumer spending. Most Pakistanis were unaware that much of this largesse came from American aid as a result of the partnership in the post 9/11 scenario.

Musharraf also made bold foreign policy moves, including his overture to India to resolve the Kashmir issue through a four-point formula.

It envisaged demilitarisation along the LoC by scaling down the number of troops on both sides of the ceasefire line, free movement of people across the LoC, local self-governance or greater autonomy in both parts of Kashmir without independence and a joint supervision mechanism involving both countries and the Kashmiris.

The formula was drawn up in the wake of Musharraf’s efforts to internationalise the Kashmir issue through the Kargil campaign in 1999, when Pakistani troops occupied strategic heights along the LoC and triggered a conflict with India.

Though Pakistan initially claimed mujahideen were responsible for occupying the heights, Musharraf subsequently acknowledged in his autobiography In The Line Of Fire that regular troops were part of the operation.

Analysts say it was Musharraf’s overconfidence that eventually led to his downfall. His deal with politicians to wipe away their past sins under the controversial National Reconciliation Ordinance (NRO) did not go down well with the military establishment.

Musharraf’s troubles started in 2007, after he tried to sack sitting Chief Justice Iftikhar Chaudhry, who started hearings into “missing persons” or victims of enforced disappearances, causing unease to the military.

Despite different initiatives, it was his troubled attempts at gaining political recognition that led to his downfall.

Once in power, former prime minister Nawaz Sharif went after Musharraf in response to how he was treated when he was ousted from power by the former army chief in 1999.


Ex-serviceman robbed of car at gunpoint in Batala  

Batala : Five persons robbed a car, a Hyundai Verna, from an ex-serviceman at gunpoint near Divine Will Public school on Batala-Amritsar bypass on Wednesday.

As per information, victim Harjeet Singh, 40, resident of Hasanpura, along with his son was going to the school to pick his wife, who teaches in the school, but as he entered the highway, a white Verna car overtook his vehicle. They intercepted the retired army man’s vehicle by barging their vehicle in front of his car. “Three persons stepped out of the car and two of them pointed pistols at me. They tried to pull me out of the car, but I resisted and tried to drive away. The other accused pointed a pistol at my son, following which I got out and gave the keys to them,” said Harjeet. HTC


Fazilka’s war memorial

HT Correspondent

letterschd@hindustantimes.com

FEROZEPUR : A 70-feet Vijay Stambh will be established at Asafwala War Memorial, Fazilka, to mark the sacrifices of soldiers who attained martyrdom during the 1971 Indo-Pak war at the Fazilka Sector, said Punjab health & family welfare minister Balbir Singh Sidhu. Sidhu also paid homage to the martyrs during a special programme organised on Vijay Diwas.

“The state government will provide every possible help to the ‘Samadh Committee’ to build the Vijay Stambh at martyrs’ memorial,” said Sidhu.

The minister also honoured the family members of martyred soldiers and ex-servicemen and provided ₹5,000 each to 35 families of martyrs.

Thanking the committee for organising the event, he said it is because of brave soldiers that we sleep in peace and have our freedom and it is our duty to honour them and their families on such occasions. Deputy commissioner Manpreet Chattwal said that district administration is committed to provide financial help to the committee.


2nd time in history, all 3 Chiefs to be from same NDA course

2nd time in history, all 3 Chiefs to be from same NDA course

(From left) Air Chief Marshal RKS Bhadauria, Lieutenant General Manoj Mukund Naravane and Admiral Karambir Singh

Vijay Mohan

Tribune News Service

Chandigarh, December 17

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THEN AND NOW

When Lieutenant General Manoj Mukund Naravane of the Sikh Light Infantry takes over as Chief of the Army Staff from incumbent Gen Bipin Rawat on December 31, it will be only the second in the history of the armed forces that the chiefs of all three services are from the same course of the National Defence Academy (NDA) at Kharakvasla.

Admiral Karambir Singh, who took over as the Chief of Navy Staff when Admiral Sunil Lanba retired on May 30, 2019, and Chief of Air Staff Air Chief Marshal RKS Bhadauria, who took over from Air Chief Marshal Birender Singh Dhanoa on September 30 this year, are from the 56th course at the NDA. So is Lt Gen Naravane, presently serving as Vice Chief of the Army Staff. In another coincidence, all three happen to be sons of Air Force officers.

The other instance of all three chiefs being from the same course was in the early 1990s when Gen Sunith Francis Rodrigues, Admiral Laxmi Narayan Ramdas and Air Chief Marshal Nirmal Chandra Suri were heading their respective services. All three were from the first course at NDA. This course also produced three Maha Vir Chakra recipients during the 1971 India-Pakistan war.

The NDA is a tri-service training institution that undertakes a three-year training regimen for cadets who join the academy after 10+2 and complete their graduation alongside training before proceeding for pre-commission training at respective service academies.


Mukerian soldier killed in Pakistani firing at LoC

HT Correspondents

letterschd@hindustantimes.com

JAMMU : Rifleman Sukhwinder Singh, 21, of Mukerian was martyred when Pakistan resorted to unprovoked ceasefire violation on the Line of Control (LoC) in the Sunderbani sector of Rajouri district on Monday.

“Rifleman Sukhwinder belonged to Fatehpur village in Mukerian teshsil of Hoshiarpur district. He was a brave, highly motivated and sincere soldier. The nation will always remain indebted to him for the supreme sacrifice and devotion to duty,” said defence spokesman Lt Col Devender Anand.

“The Indian Army responded effectively inflicting substantial damage to the Pakistan army,” he added.

Though the Indian Army claimed it to be an infiltration bid that was foiled, sources said half a dozen members of the border action team (BAT) of Pakistan army, comprising commandos of the special service group and terrorists, attempted to inflict casualties on the Indian Army posts in the area.

Another soldier, havaldar Chougule Jotiba Ganpati, was martyred in Pakistan shelling in Gurez sector of Bandipora district in Kashmir on Monday.

MOTHER UNAWARE

Relatives have so far not shared the news of rifleman Sukhwinder’s death with his widowed mother Rani.

A spokesman of the Indian Army had rung up the family on Monday evening to inform them of their son’s martyrdom but held back the news when Sukhwinder’s mother came on the line. Later, he called up another relative and informed that Sukhwinder had made the supreme sacrifice in the line of duty.

Villagers started pouring in to extend condolences to the family but no one was allowed to reach the martyr’s mother who stays in a house at a distance from the main habitation.

The martyr’s brother, Gurpal Singh, 22, said, “I don’t have the heart to disclose the unfortunate news to her. Sukhwinder’s body will reach tomorrow (Wednesday). Before that, may be one of my aunts will break the news to her.”

Gurpal, who is unemployed, said their father, Avinesh Kumar, had died a few years ago and Sukhwinder was the sole breadwinner. He said Sukhwinder had joined the 18 Jammu and Kashmir Rifles in 2017.

(With inputs from Hoshiarpur)

J&K cross-border shelling: Slain soldier’s mortal remains to reach native village in Mukerian today

This is the second death of a soldier from Mukerian subdivision in past one month. On November 19, Dimpal Kumar (21) of Saidon village had died in Siachen glacier after an avalanche hit the area.

ukhwinder is survived by his mother, Santosh Kumari, and 22-year old elder brother.

The mortal remains of Rifleman Sukhwinder Singh (21), who was killed in cross-border shelling on Monday at Sunderbani sector in Jammu’s Rajouri district, will reach his native village Fatehpur in Mukerian sub-division in Hoshiarpur on Wednesday afternoon. The family was informed about his death only on Monday late.

This is the second death of a soldier from Mukerian subdivision in past one month. On November 19, Dimpal Kumar (21) of Saidon village had died in Siachen glacier after an avalanche hit the area.

Sukhwinder, meanwhile, is survived by his mother, Santosh Kumari, and 22-year old elder brother.

His uncle, Swaran Singh, said that Sukhwinder’s father, late Avinesh Kumar Singh, had died in 2007. He was employed with the Punjab State Electricity Board. Sukhwinder’s mother had looked after both the children who were very young, added Swaran Singh.

Sukwinder had joined Army two-and-a-half years back after doing his Class 12 from Government Senior Secondary School, Talwara. His brother has also done Class 12 and is now looking for a job after finishing his studies. The family owns around a half-acre farmland.

“We were first informed by the Army officials that he got injured and then we got a call that he was killed in the shelling and a shell hit him in his head,” said Swaran Singh, adding that they were told that Sukhwinder was part of a patrolling team when the mishap took place.

He recalled that Sukhwinder, who had joined the Indian Army in April 2017, has come home last month and had returned on November 22 after spending two weeks’ at his native village.

Station House Officer (SHO) Talwara, Inspector Bhushan Sekhri, said that they informed the family after getting the information from the district authorities.

According to the press released by the Army authorities, Pakistan carried out an unprovoked ceasefire violation on the LoC in Sunderbani sector and Army responded effectively inflicting substantial damage to Pakistan Army. It is further said that Rifleman Sukhwinder Singh was a brave, highly motivated and sincere soldier, adding that the nation will always remain indebted to him for his supreme sacrifice and devotion to the duty.


Pakistan Court Sentences Parvez Musharraf To Death For High Treason

  • Pakistan Army receives the news with pain & anguish

New Delhi. 17 December 2019. Something new has happened in Pakistan. The judges have suddenly become national heroes for having kept the supremacy of the constitution and giving former dictator turned President Parvez Musharraf a death sentence.  For the first time in the history of the nation a President has been sentenced for subverting constitution and muzzling the judicial voice.

A three-member special court in Islamabad today convicted Musharraf of violating the constitution by unlawfully declaring emergency rule while he was in power, in a case that had been pending since 2013. Musharraf who has been living in Dubai for the last three years  has the option to appeal the verdict.

Five charges, including three counts of subverting, suspending and changing the country’s constitution, firing Pakistan’s chief justice, and imposing emergency rule have been put on Musharraf who was a dictator who ruled Pakistan for 9 years after seizing power in a bloodless coup in 1999 post Indo-Pak Kargil conflict.

Under Pakistan’s constitution, high treason is a crime that carries the death penalty or life imprisonment.The special court ruled on the death sentence by a two to one majority, with one of the three judges not backing the death sentence but agreeing on a conviction.

The Pakistan Army stand steadfastly next to its former Chief and Supreme Commander. In a statement DG ISPR says a due legal process seems to have been ignored including constitution of special court, denial of fundamental right of self defence, undertaking individual specific proceedings and concluding the case in haste.

It may be recalled that Musharraf went into exile in 2008, returning to Pakistan in 2013 with the aim of running in the country’s national elections. But his ambition had to take a backseat as he got entangled into legal hassles which were repercussions of his time in power. Musharraf declared a state of emergency, suspended Pakistan’s constitution, replaced the chief judge and blacked out independent TV outlets.

But the Army says that a man who was the ex-Army Chief, Chairman Joint Chief of Staff Committee and President of Pakistan, who has served the country for over forty years , fought wars fr the defence of the country can never be a traitor. Well the  road seems bumpy for the Pakistani judiciary.


China drops plea for discussion on Kashmir at UN

Rezaul H Laskar

letters@hindustantimes.com

New Delhi : France and other permanent members of the UN Security Council on Tuesday thwarted an effort by China, acting on behalf of Pakistan, to discuss the situation in Kashmir, people familiar with the matter said on condition of anonymity.

China pushed for a meeting of the UN Security Council behind closed doors — the second such effort since an earlier meet on the Kashmir issue on August 16. At that time, China’s attempt to have an open and formal meeting of the Security Council was rebuffed by members of the body, which agreed to hold only “closed consultations”.

The people cited above said France and other permanent members of the Security Council conveyed to China the body was the not the best forum to discuss the Kashmir issue, which ought to be handled bilaterally by India and Pakistan. Non-permanent members of the council, such as Germany and Poland, too, showed no inclination for a discussion on Kashmir, they said.

The Chinese side subsequently withdrew its note seeking the meeting on Kashmir, the people added. “Kashmir will not be discussed in the Security Council today (Tuesday),” said one of them, a French official.

“Our (France’s) position has been very clear — the Kashmir issue has to be treated bilaterally. We have highlighted this several times recently, including in New York,” this person added. The closed consultations on August 16 marked the first time the Security Council took up the “India-Pakistan Question” — the UN’s term for the Kashmir issue — since 1971. Pakistan has been lobbying with China to take up the Kashmir issue in the Security Council since India revoked the special status of the erstwhile state of Jammu & Kashmir on August 5 and decided to split it into two Union territories.

In a letter sent to the Security Council on December 12, Pakistan foreign minister Shah Mahmood Qureshi expressed concern about a possible escalation of tensions in Kashmir. According to Reuters, China’s UN mission had written in its note to members of the Security Council: “In view of the seriousness of the situation and the risk of further escalation, China would like to echo the request of Pakistan, and request a briefing of the Council… on the situation of Jammu & Kashmir.” The discussion would not have involved a vote.