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Sunday, January 20, 2013

March finished on April fool

(By-Kashif Sarmad)

 During week I have been listening different point of views  from different people in Pakistani media and social media about Tahir ul Qadir  and his so called revolution for example:   “ He is wrong man but giving right message”; “Do not see how is he but what he says” ; “At-least he is putting efforts to mobilize people” etc. 

When I looked at Tahir ul Qadri’s background as religious man it wasn’t made me astonished because making dupe in the name of religion is livelihood of almost every mullah. According to Tahir ul Qadri, He saw Prophet Muhammad (PBUH) being angry with the Ullemas’ of Pakistan and honoring him to be hosting Prophet Muhammad (PBUH), moreover Prophet Muhammad (PBUH) has ordered him to organize his ticket back to Medina. I am sure that everyone would have watched this footage. 

Tahir ul Qadri’s statement about blasphemy law in the country and out-side the country are at loggers head with each-other. Outside Pakistan, Tahir ul Qadri denying being part of creating the blasphemy law and also mentioned that no non-Muslim can be punished under blasphemy law but only Muslims can be punished.  In the same context, in foreign media he mentioned that he never been part of creating blasphemy law but in the country he stated that he played the vital role in creation the law. Well this is no breaking news anymore as our media and social media has been very vocal about whatever he did in the past and in near future. 

One day out of the blue Mr. Qadri has announced about his revisit back to Pakistan. On 23rd December when he addressed his first public congregation at Minar-e-Pakistan, no one comprehended the upcoming saga which Mr. Qadri was scheduling. And then, the day arrived when Mr. Qadri proclaimed the long March from Lahore to Islamabad to inflict the election reforms in Pakistan and to eradicate the regime of corrupt government.   

It would be tough for me to write Tahir ul Qadri’s allegations and demands here because his demands and allegations changes every time he comes up to microphone to address people.  But I will certainly mention thick points which compelled his followers to be the part of long march. It’s complicated to name the march because at one time he called that march a long march, then stance changed it become democracy march and finally he titled it million march. At one time, it was so hilarious to eavesdrop to Mr. Qadri when he declared that he is leading the march which has more then 4 million participants. 

Any way, coming back to his list of demands, I must say, his final demands were:
  • a.       Enforcing Article 62, Article 63, and Article 218 clause (3) in coming general elections of 2013.
  • b.      Dismissal of Election Commission of Pakistan and restructure it.
  • c.       Caretaker government should be formed in transparent way.
  • d.      Dismissal of National and provincial assemblies.

As a student of law, all of his demands were fooled package by fool. Besides that, let’s look over his demands in legal perspective one by one:
As Mr. Qadri demands Article 62, qualifications for membership of Majlis-e-Shoora (Parliament), Article 63, disqualifications for membership of majlis-e-shoora (Parliament) and Article 218 clause 3 which ensures conduction of election honestly, justly, fairly and accordance with law, and that corrupt practices are guarded against. 

When he and rest of the country aware of the fact that it is already part of part of our constitution and our Election Commission is undisputable on which every political party have faith. Then what is wrong to give one chance to this election commission to carry out next general elections? Moreover, Judiciary and media in Pakistan are vivacious as well as independent to keep an eye on elections. So there is nothing left to amend in constitution of Pakistan as there are Articles to protect the sanctity and fairness of elections. 

Now I would emphasize on next demand in which suspension of Election Commission of Pakistan Is put forward by Mr. Qadri. In this demand, I would like to turn over the pages of constitution of Pakistan and mention few more articles which make Mr. Qadri’s demands which totally violate the sanctity of Constitution of Pakistan.  Article 215 clause 2 says: “The commissioner shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a judge and, in the application of the article for the purposes of this clause, any reference in that article to a judge shall be construed as a reference to the commissioner” and clause 3 mentions: “The commissioner may, by writing under his hand addressed to the president, resign his office”. 

Its important to know that Article 209 (Supreme judicial council) clause 5 says: “if, on information received from the council or from any other source, the president is of the opinion that a judge of the supreme court or of a high court” clause 5(a) says: “may be incapable of properly performing the duties of his office by reason of physical or mental incapacity: or clause 5 (B): may have been guilty of misconduct. Articles 209 clause 69 (a) (b) is also referring the conditions and mechanism of suspension of ECP. 

There is no way that constitution of Pakistan will allow government or the cheap drama of Mr. Qadri to sack election commission. Even in some way government goes for that option then it will require two third majority from parliament to endorse it which will nearly be mission impossible.Mr. Qadri your second demand has crushed by no one but constitution of Pakistan. I am waiting what next drama would be carried out by you and government to alter it? 

The third point was about creating care taker government with consensus and in the fair manner who can arrange up coming general elections transparent and just.  Not only me but the whole country is aware that this march is about Tahir ul Qadri’s role in the next care taker government and in the elections.
The fourth and last point was dissolution of National and all provincial assemblies immediately. What is the point to dissolve the assemblies when its tenure is almost finished? Anyway, government has agreed to suspend assemblies sometime before 16th march 2013, the point here is that Assemblies will complete its tenure in the first week of March 2013. 

In all episodes of the great drama by Tahir ul Qadri, there are few questions which have to be answered either by Tahir ul Qadri or by the Government of Pakistan. Who was supporting and aiding Tahir Ul Qadri? What was his motive? Why government influenced by long march? What choudhry brothers talked with Qadri before long march in Lahore?  The role and responsibility of Media is being questioned due to give Qadri enormous coverage. 

During talking to many people with in government and establishment I come to know about unconfirmed story that Tahir ul Qadri was supported by people with in military establishment who had intentions to topple government to hijack up coming elections. Probably, their motive was to bring Pervaiz Musharaf and Qadri in coming parliamentary setup or by making technocrat setup for indefinite time. Suddenly, establishment took off their support from Qadri and left him in lurch. Finally, Qadri compelled to came on his knees before government and sign useless agreement. 

In this agreement, the main beneficiary of this agreement is PPPP because Qadri and Imran Khan will be tackling PML (N) in general elections and PPPP will take full advantage of this dispute. This long march ended up with adding one more ally for the government. 

As a student of law, I can assure that there is no legal value to this agreement. This agreement is fake and against the constitution of Pakistan. This government will end its tenure in few months and this agreement as well expired with this government. 

I have one suggestion for the person like Tahir Ul Qadri. You need to answer clearly about the BISHARAT, You have to answer about the F.I.R 17/1979 in the City Police Station Jhang on 06/07/1979, Kindly, inform the International media about who make blasphemy law and who can be punished in that law? The people of Pakistan are aware of you and your circus which you used to held before. The Pakistan you left has changed and the Pakistan you are dealing with has more information then thugs like you. You better save your Canadian passport and safeguard the oath which bounds you to be loyal Canadian. 

Tahir ul Qadri should leave container, he should leave Canadian citizenship and should apologize about his pathetic bunch of lies in the past. I assure him that every single Pakistani will follow you him and respect his every word. 

Mr. Qadri all you got from this march is the reconciliation with bunch of Yazids. So congratulations!

Pakistanis shouldn't welcome people arriving to Pakistan via parachute but should kick them out immediately before it's too late and Mr. Qadri along with his container should be exported without any delay. Government should deal with this kind of people with strong fist and most important, Media should be more responsible and should refrain giving air-time to every tom, dick and harry. Pakistan have had enough to deal with, it is time to say enough is enough! 


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