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The News on Sunday: What, in your mind, could be the
outcome of the May 12 case, especially after what
happened on the court's last hearing? And, how do you
plan to deal with any untoward incident in the future?
Abrar Hasan: The mob that appeared before the court to
file their affidavits was not concerned with the
proceedings of the said case, since it was not an
inquiry. In fact, the matter was taken up to find
scapegoat in the government functionaries who had failed
to dispense with their duties as per the law and their
oath.
These people appeared in the court perhaps on
'instructions', as there were MNAs and MPAs of the
ruling party to be found at the place. Imagine, what
would happen if the courtroom with a capacity of 60
persons was swarmed by a crowd of 600? And, precisely
what would happen if this trend caught on, and more and
more people started thronging the courts? The court
would turn into a battleground for sure.
In all probability, a crowd that showed up on a previous
hearing will re-appear on the next date of hearing --
that is, September 24. And, if they are not allowed to
enter in the court premises, they are most likely to
form an assembly of sorts and create trouble.
We asked the chief justice to deploy Rangers and police
around the boundary walls of the court, and to ensure
that snap checking is made at a fair distance from the
place so that any untoward incident can be averted.
In my opinion, the entry of litigants during the May 12
incident proceedings should strictly be on passes issued
by the court, and this is the order that has been passed
by the SHC Chief Justice.
TNS: The court's authority to hear the May 12 case has
been questioned by the government counsel and some
political leaders. What is your take on that?
AH: The court has taken notice of the complaint of the
Sindh High Court Registrar, and it has been converted
into a constitutional petition. The entire population of
Karachi is aggrieved as it was deprived of its
fundamental rights on May 12. The court has the
jurisdiction to hear the case about the failure of the
government law enforcement agencies to control violence
in the city. The court has to examine as to why
permission was granted to a political party for holding
rallies in the city despite apprehensions of bloodshed,
on May 12.
TNS: What are the issues with the lawyers of the City
and High courts today? Are they apprehensive of being
mistreated, tortured, and even killed, ever since the
SHC initiated suo moto proceedings to this effect?
AH: Pervaiz Akhtar Kiyani, a member of the Malir Bar
Association, was killed while several others were
injured, at the hands of the armed persons, as the
lawyers' convoy was heading towards the airport to greet
the chief justice on May 12. All prominent advocates who
took part in the struggle for the independence of
judiciary today fear an attack on their lives.
Several FIRs have been lodged by advocates, especially
lady advocates, for assault on their person. Two more
members of the Bar -- Raja Riaz and Atiq Quadri -- were
recently killed by the armed persons. The killing of
Raja Riaz took place in broad daylight and near the spot
where the Rangers and the police are usually stationed.
But no one has been apprehended as yet. Those involved
in the killing of Atiq Qadri are also at large. I'd call
these incidents as target killings.
I would caution all those advocates who participated in
the struggle and movement for the independence of
judiciary against any lapse of security on their part.
They ought to take extraordinary care about their
safety, because the administration will not cooperate
with them in such matters.
TNS: What do you have to say about MQM leader Altaf
Hussainís comments against lawyers, that were printed in
a section of the press?
AH: It is evident that advocates, unlike many of our
political leaders, are patriotic and law-abiding
citizens. Their struggle is only for the independence of
the judiciary, the supremacy of the constitution, and
the establishment of the rule of law, and they donít
have any political ambitions. Hence, any derogatory
remarks against them are simply uncalled for. Those
people who are using abusive language against the
lawyers should apologise the entire nation.
TNS: What is the pace of the proceedings with regard to
the May 12 siege of courts in the Sindh High Court?
AH: The case is now before the larger bench of seven
judges in the Sindh High Court, and all parties have
already submitted their replies to the questionnaire
that was formulated by the full bench. Films and CDs
have been submitted by different TV channels in the High
Court.
As the High Court is exercising its constitutional
jurisdiction in the matter, perhaps no evidence will be
recorded and the High Court after seeing the films and
the CDs and going through the replies, affidavits and
counter-affidavits will hear the parties about placing
the responsibilities for the events.
The High Court may also give its recommendations for
avoiding such incidents in future.
TNS: What is your assessment of the violence and
bloodshed that took place in Karachi on May 12, 2007, on
the occasion of the CJP's arrival in the city?
AH: As we know, the chief justice had to address the
members of the High Court Bar on the occasion of the 50
years of Supreme Court. It was decided that he will
arrive in Karachi on May 12, from Islamabad, at about
12.00 noon. First, he was to go to the Malir Bar
Association for a short address, and later proceed to
the Mazar-e-Quaid from where it was off to the Karachi
Bar for a short address and, eventually, to the High
Court.
Unfortunately, the government of Sindh allowed the
political party that is in power in the province to hold
a rally. Containers were placed all over the city to
block the road leading to the airport, and to block any
access to the High Court. Armed people were posted on
different sites at Shahrah-e-Faisal. They shot at people
indiscriminately which resulted in more than 50
killings. The law enforcement agencies, on the other
hand, did the disappearing act at the moment. In my very
firm opinion, the government of Sindh is squarely
responsible for whatever happened on May 12.
TNS: Do you have any plans to record the events that
took place on May 12 and after -- till date?
AH: Yes, I propose to write a comprehensive book on all
the events. A few books have already come out, and
others are going into print.
Economic & Political Weekly, 29 June 2007
Letter from South Asia
Three Cheers for Tedious Resistance
Haris Gazdar
[Abstract: As the bullying military regime slowly
unravels in Pakistan the courageous one are those that
tenaciously insist on order in the place of disorder.
The regime’s weakness reveals, paradoxically, the
strength of the idea of a functioning state with
constitutional government.] There are stock phrases in
the Pakistani political lexicon that bad public speakers
trot out at predictable moments. When the
banker-turned-PM Shaukat Aziz monotones in Urdu that
“kissi ko Pakistan ko buri nazar say naheen dekhnay
dengay”, one feels like ranslating it as a benign “we’ll
provide eye care through public-private
partnerships” rather than the intended “nobody dare
cast an evil eye on Pakistan”. The other favourite
reassurer is: “Enemies beware! We are the only
nuclear power in the Muslim world”. They might as well
say: “Handle with care, we might be mad enough to do
something really crazy”. All of this sounds
pitifully hollow when you daily witness the unraveling
of a regime – a “slow striptease” as one columnist puts
colourfully. Yes, we have atom bombs, but we cannot
arrest a land-grabbing cleric sitting in a
government-owned mosque in the heart of the capital who
abducts civilians and police personnel, publicly
threatens to send out suicide bombers, and issues
libelous fatwas against a federal government minister.
And what to say of the Islamabad maulana when you can
see pictures in your morning paper of Punjab onstabulary
men demonstrating against poor conditions and beating up
officers of the Islamabad police sent to make video
recordings of the demonstration? What are these Punjab
policemen doing in Islamabad in the first place, you
might ask. Well, they were brought here to help contain
the demonstrations of lawyers and political activists
supporting the refusenik Chief Justice!
The intelligence agencies clamp down on the launching
ceremony of a book detailing the military’s economic
empire, and the book “disappears” mysteriously from the
stores. Within a week though, the kiosk attendant at
the international airport – robably a space with
surveillance second only to sensitive military
facilities – reports gingerly that Dr Ayesha Siddiqa’s
Military Inc. is the hottest selling item. Amid his
usual hectoring General Musharraf introduces a draconian
decree to control the activities of private TV channels,
only to quietly withdraw its key clauses after protest.
There are mass arrests of opposition party leaders and
activists for no apparent reason in Punjab one day, and
mass releases of the same people a few days later, also
for no apparent reason.
1Long hours of power failure in the blistering Karachi
summer prompt youth and shopkeepers to routinely burn
tyres and block roads while the administration run by
the feared MQM looks on feebly chastising the privatized
electricity company to do more. The heavily armed city
police fire tear-gas shells sometimes, but mostly
negotiate alternative traffic routes with the
outage-outraged. I have a feeling that the policemen
quietly egg on the youth and shopkeepers, for they too
have young children in their poorly ventilated homes,
waiting endlessly for the motion of the ceiling fan. The
minister for religious affairs of this “enlightened
moderation” regime declares in parliament that the award
of a state honour by the British government to Salman
Rushdie somehow justifies suicide bombings, only to tuck
his tail firmly back in after an outcry in international
media. Not to be outdone, however, the enlightened
moderate Speaker of the Punjab provincial assembly
announces that he will personally murder Salman Rushdie
if he came across the bounder. We don’t quite know
where to look for the honourable Speaker’s tail yet, but
he will realize sooner or later that he needs a British
visa for “family” shopping in Oxford Street during the
school vacations. It is open season this summer, and
nobody is quite sure who runs the asylum.
The regime is weak and weakening by the day, and this
perception prompts words and actions that make the
regime weaker still – a self-fulfilling prophecy.
Musharraf might still have a few more fist-shakes left
in him, but fewer and fewer people really are. The
Aslam on the street was impervious in any case – it is
the Akram in the state machinery who is now turning a
blind eye and a deaf ear. Some might sniff a whiff of a
revolution in all this, but thankfully we are not on
course for any such adventure.
Amidst the chaos the heroes are not the ones who are
challenging an existing order, but those who firmly
stand their ground insisting against all odds for the
delivery of the order that has been promised. It is the
regime – like all previous military regimes before this
one – that has no time for the rule of law. Listen
carefully to the other side and all you hear are solid
assertions and demands -- whispered, spoken or shouted –
for rules, law, and process. After so much pressure and
so many threats Dr Ayesha Siddiqa stands out because she
insists on her right to speak as an academic. And she
wants you take her work seriously for its technical
merit. Her main worry before the intelligence agencies
got onto her case was that her book will be trashed by
her peers – fellow academics.
Letter
from South Asia 29June 2007
Or take Iqbal Kazmi – a Karachi lawyer, a
mild-mannered, non-descript, middle-aged Urdu-speaking
man with a wife and young children. He filed a case
against the MQM for the Karachi carnage of May 12 in a
court of law. Not for him, the revolutionary’s
flamboyant challenge to legality. For his pains he gets
abducted – by MQM supporters many suspect – and brutally
tortured before being doped and dumped with threats of
more if he does not leave the city within five days.
His torturers’ main quest: “tell us who you work for”?
As though it is inconceivable for a man to stand up for
himself as a citizen. The Kazmi family’s response: a
press conference where Mr Kazmi speaks about his
abduction and Mrs Kazmi announces that nobody is going
to drive her out of her city. 2Look at what the
opposition parties are saying and doing. They want a
neutral caretaker government, with an independent
Election Commissioner, the opportunity to examine and
challenge electoral rolls, a say in the conduct of the
elections and the transfers and postings of officials
during the run up to the polls. Forget the
insurrectionary blood-rush, we are for bureaucratic
tedium, the painstaking scrutiny, name by name of the
voters’ lists. The parties are not naïve.
They know that there is a military regime, that all
political outcomes are heavily influenced by secret
agencies, and that democratic institutions exist in name
alone. But they earnestly assert (even pretend) that
democratic institutions ought to function as they are
supposed to. They propose
ways for taking things forward, for breaking the
impasse, for getting things back on track after so many
years of arbitrariness. And what about the Baloch?
Surely they want to counter the present disorder with
disorder of their own. Perhaps. But what we see for
the present is the Baloch leadership eagerly lining up
with the other opposition parties for a return to
constitutional government. The various proposals for
“moving forward” floated by opposition parties and
echoed by some of the saner elements of the regime
include the provision for inviting the Baloch leadership
to a round-table in order to end the military campaign
in Balochistan. And who is listening to the voices of
the Baloch victims of human rights abuse? Not the
“international community” that rushed to label them
“terrorist” at the behest of the Musharraf regime, but
mainstream Pakistani courts, lawyers, human rights
activists and opposition parties. The weakness of the
regime reveals that the idea of Pakistan as a modern
functioning democratic state has far more unsung
partisans than you might have imagined. A zaïve figment
of the imagination born out of innocence? Possibly. But
what to do about the Ayesha Siddiqas, the Iqbal Kazmis,
the humble workers and the grandiloquent yet
painstakingly negotiating leaders of political parties,
and the brave Baloch? They all seem to believe that
their future lies in order rather than disorder. If a
self-fulfilling prophecy can unravel what appeared to be
a strong regime, why might another self-fulfilling
prophecy not revive what appears to be a weak state?
http://www.researchcollective.org/Documents/Letter_from_South_Asia_29_June_2007.pdf
Issued notices to Sindh Chief Minister Dr
Arbab Ghulam Rahim
The Sindh High Court on Friday issued notices to Sindh
Chief Minister Dr Arbab Ghulam Rahim on a contempt
application filed by the Karachi Bar Association for
allegedly making contemptuous statements in media on
suo-motu proceedings initiated by the court over the May
12 incidents.
Notices were also issued to Secretary Ministry of
Interior, MQM’s London-based chief Altaf Hussain, Home
Adviser Waseem Akhtar, Home Secretary Ghulam Mohammad
Mohtaram, DG Rangers, IGP Sindh, CCPO, SHO City Court
police by SHC’s full court in another petition seeking a
judicial inquiry into the May 12 mayhem.
The full court was hearing a suo-motu reference
regarding siege of the high court and the City Courts
buildings by mobs, a petition seeking judicial inquiry
into violence and killings on May 12 and contempt
application against the Sindh chief minister.he full
bench comprised Justice Sarmad Jalal Osmany, Justice
Anwar Zaheer Jamali, Justice Mushir Alam, Justice
Azizullah M Memon, Justice Khilji Arif Hussain, Justice
Maqool Baqar and Justice Ali Sain Dino Metlo.
The suo-motu notice was taken on a report of the
in-charge registrar of the SHC submitted before Chief
Justice Sabihuddin Ahmed regarding the May 12 incidents.
The registrar submitted that the high court and City
Court buildings were surrounded by mobs, whowere
stopping everybody from entering the courts’ premises.
He stated the police force available there was not
taking any action against the miscreants and they were
sitting as “silent spectators”. Besides, the roads
leading to the High Court and the City Court premises
were barricaded and had been blocked by the miscreants
and police were not taking action to remove the same.
Meanwhile, in a petition filed by Syed Iqbal Kazmi and
Shazia Kazmi, they held the MQM, the Sindh government
and the law-enforcement agencies responsible for the
killings of more than 40 citizens on May 12. The
petitioners prayed that inquiry be conducted under the
supervision of a High Court judge, cases be registered
against responsible persons involved in the May 12
incidents and government officials be sacked for failure
in performing their duties in accordance with the law
and the Constitution.
Online adds: The
petitioners stated that on May 12, a bloodbath was
carried out in Karachi at the behest of MQM chief Altaf
Hussain and the carnage was supervised by Home Affairs
Adviser, Sindh, Waseem Akhtar.
The petitioners further stated that when the plane of
the chief justice landed in Karachi, bloodshed began in
the city. In the meantime, the MQM chief, while
addressing a public meeting by phone from London, stated
that those who were thinking to eliminate the MQM were
themselves eliminated today.
The statement shows that the MQM was involved in the May
12 mayhem, the petitioners argued. The petition said the
home secretary and IGP, Sindh, had violated the court’s
order regarding provision of security to the CJP during
his visit to the city whereby the High Court and City
Courts buildings were besieged by mobs who maltreated
and physically tortured lawyers when they arrived at the
court premises.
They said the government had failed to protect the
lives, liberty, freedom of movement and other
fundamental rights of the citizens. They prayed the
court to initiate contempt proceedings against Home
Adviser Waseem Akhtar for issuing insulting remarks
against the Chief Justice in the media.
The petitioners alleged that Sindh Governor, Dr Ishratul
Ebad, in violation of the Constitution, did not consult
the chief minister and proceeded to London to take
instructions from the party leader.
They said Sindh police officials and the adviser on home
affairs should be tried for high treason as they had
violated the provisions of Articles 4, 16 and 25 of the
Constitution. Naheed Afzal, Hafiz Fazle Karim and Faisal
Qureshi, advocates, appeared before the court on behalf
of the petitioners.
http://www.defence.pk/forums/strategic-geopolitical-issues/5690-contempt-court-may-12-carnage.html
Jump to The Case: Iqbal
Kazmi relies
the all cases. ... On 12
May 2007,
I along with my family members was seen live
transmission of T.V. ... Nobody
was impeded interrupting them to save innocent lives in Karachi,
because carnage ...
http://en.wikipedia.org/wiki/Iqbal_Kazmi
2 Aug 2007 ... “After
the May
12 incident
a lawyer & human rights campaigner from KarachiMr. Iqbal
Kazmi went
to SHC (his other cases being
against KESC ...
http://karachi.metblogs.com/2007/08/02/iqbal-kazmi-case-a-true-test-for-justice-civil-society/
“After
the May
12 incident
a lawyer & human rights campaigner from Karachi ...
http://karachi.metblogs.com/page/6/?s=iqbal+kazmi+cas+1+
10 Dec 2010 ... Statement
of Mr., Iqbal
Kazmi Petitioner
filed before High Court Sind regarding trial of 12 May 2007
Carnage and its cavils/assignees. ...
http://www.allvoices.com/contributed-news/7584780-statement-of-mr-iqbal-kazmi-petitioner-filed-before-high-court-sind-regarding-trial-of-12-may-2007-carnage-and-its-cavilsassignees/content/63945591-pakistan-s-shoaib-akhtar-reacts-while-sitting-on-the-bench
May 12 was
not just another day – it was a day of much gore that
left a body ... Disturbing
as it was, it awoke part of Karachi from
its anesthetic sleep. ... Encouraged
by the protest wave against MQM, Iqbal
Kazmi filed
a petition in the ... In
such a case,
it is not the existence of a state that the violent
group ...
http://www.opinion-maker.org/2010/05/not-again/
8 Jun 2007 ... Karachi Syed
Mohammed Iqbal
Kazmi, advocate, who
was kidnapped by some ... May Allah
bless you with fruitfull rewards for you courage and ...
http://www.insaf.pk/Forum/tabid/53/forumid/1/tpage/1/view/topic/postid/5127/Default.aspx#5127
9 Jun 2007 ... "We
are carefully watching the post-May
12 situation. .... Syed
MohammedIqbal
Kazmi,
advocate, who was kidnapped by some unidentified ...
www.karachipage.com/news/Jun_07/060907.html
May 12-13:
At least 51 are killed and over 140 injured after
government supporters, ... May 31:
Police register a sedition case against
hundreds of Karachi Bar ... A
civil rights campaigner, Syed Mohammed Iqbal
Kazmi,
goes missing. ...
http://pakistan.ahrchk.net/chiefjustice/chronology.php-
Meanwhile, former prime
minister Nawaz Sharif may become
a potential witness in the case.... He
regretted that Iqbal
Kazmi, who had moved a
court in Karachi against
the MQM over the May
12 ... Old
04-12-2008,
01:26 PM .... Mr.
Hussain has won his case legally
and hence cannot be deported by the UK Government. ...
http://www.defence.pk/forums/national-political-issues/5623-altaf-hussain-pakistans-top-most-terrorist-says-imran-khan.html
9 Aug 2009 ... A
particular case of
concern to the US is that of the missing persons in ... May
12, 2007, which
claimed the lives of 55 persons in Karachi during
a whole day ... The
petitioner, Syed Muhammad Iqbal
Kazmi,
in his peition ...
http://www.daily.pk/pakistan-supreme-courts-anti-musharraf-verdict-shields-president-zardari-8251/
40 posts - 9 authors - Last post: 24 Aug
2007
Not all victims are as
fortunate as Mr Saleem, a case in
point being the fate .... Karachi: Syed Iqbal
Kazmi alleged
on Saturday that his kidnapping ... Kazmi,
who had filed a petition against the May
12 violence
and the ..
http://forum.pakistanidefence.com/index.php?s=a4c7c95cfcf3e2e9701fb20ac454f72b&showtopic=45635&st=760&p=903750&#entry903750
12 Jun 2009 ... An
appellant in the Sheraton bomb blast case,
who was acquitted and ordered to ... One
petition has been moved by Advocate Maulvi Iqbal Haider
for registration ... another
by Iqbal
Kazmi for
free movement of the DPs without ... submit
a report within two weeks so that it may proceed
with the matter. ...
http://news.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/local/karachi-govt-gets-a-week-to-challenge-shc-order-in-lecturers-case-269
21 Aug 2009 ... Kazmi also
moved 3 different applications including the name of the
then President in the May
12 carnage case,
to form a full bench for its ...
http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Karachi/21-Aug-2009/Musharraf-and-Altaf-noticed-in-May-12-case
14 Jun 2007 ... KARACHI:
Freelance journalist Iqbal
Kazmi, who was booked
by Darakhshan Police late ... MQM,
Musharraf plotted May
12 violence,
says Imran ..
http://www.dailytimes.com.pk/default.asp?page=2007\06\14\story_14-6-2007_pg7_55
6 posts - 5 authors - Last post: 22 Oct
2010
'Free-lance
journalist' Iqbal
Kazmi was
arrested by the Darakhshan investigation police, who
claimed that he was involved in 'cases of ...
www.geopakistani.com/.../showthread.php?...Iqbal-Kazmi...12th-May... - United
States
11 May 2009 ... Petitioner Iqbal
Kazmi in
his plea said that the Supreme Court was ... full
bench for hearing of the case of May
12 tragic
incidents in Karachi.
http://www.worldtribunepakistan.com/news_detail.php?page_id=12320
8 Jun 2007 ... PAKISTAN:
Ordeal of freed May
12 petitioner
- Advocate who filed petition ... Mr
Afzal said that in case any
harm came to Iqbal
Kazmi, ...
http://www.international.ucla.edu/article.asp?parentid=71750
30 Mar 2009 ... KARACHI:
Sindh High Court (SHC) Monday adjourned for indefinite
period ...Iqbal
Kazmi, who had made
himself party to the May
12 case by ..
http://www.geo.tv/3-30-2009/38635.htm
Civil Rights actvist Iqbal
Kazmi was
kidnapped by some unknown person but ... Kazmi
had filed petitions in the Sindh High Court on the May
12 violence
and ...
http://www.enotes.com/topic/2007_Karachi_Riots
10 Jun 2007 ... Karachi:
Syed Iqbal
Kazmi alleged
on Saturday that his kidnapping ...Kazmi,
who had filed a petition against the May
12 violence
and the ...
http://www.dailytimes.com.pk/default.asp?page=2007\06\10\story_10-6-2007_pg7_7
He said his cellphone
containing photo clips of the May
12 incidents, Rs12 ... Mr
Afzal said that in case any
harm came to Iqbal
Kazmi,
his family or his ...
http://nb-no.facebook.com/topic.php?uid=2204866896&topic=3695
May 23,
2009 ... By OUR STAFF REPORTER KARACHI, May 23
(THE NATION): Syed Iqbal
Kazmi Advocate
Saturday submitted a constitutional petition in Sindh
High ...
http://www.highbeam.com/The+Nation+(Karachi,+Pakistan)/publications.aspx?date=200905&pageNumber=16
19 Aug 2009 ... KARACHI :
Sindh High Court (SHC) on Thursday issued notice to
former President Pervez ... MQM's
Altaf Hussain (London based politician) regarding May
12, 2007incident, and set
August 31, 2009 as hearing date of the case. The appellant Iqbal
Kazmihas
appealed to the SHC for reopening of the case. ...
http://awaazdaily.wordpress.com/
Established in 1906, it is
situated at provincial capital Karachi. ... filed
by Iqbal
Kazmi in
connection with reopening of May, 12,
2007 mayhem case, ..
http://www.thefreelibrary.com/The+hearing+of+the+case+was+adjourned+till+May,+26.-a0226674748
14 May 2010 ... May
12 mayhem:
Notice issued to Interior Secretary, Pervez Musharraf. ...Human
rights activist, Syed Muhammad Iqbal
Kazmi, ...
http://www.onepakistan.com/news/top-stories/44333-May-mayhem-Notice-issued-Interior-Secretary-Pervez-Musharraf.html
More
details
http://www.google.com.pk/search?aq=f&sourceid=chrome&ie=UTF-8&q=m#sclient=psy&hl=en&q=iqbal%20kazmi%20karachi&aq=0v&aqi=g-v4g-o1&aql=&oq=&gs_rfai=&pbx=1&fp=7a5841b160e1a01c&pf=p&pdl=1000 |
