Wednesday, November 7, 2007

Only lawyers, not people, are against emergency: Kasuri

By Rana Fawad

WASHINGTON: Only Pakistani lawyers are protesting against the emergency declaration because they have their own axe to grind otherwise the people and political parties do not support them and are interested in the country’s security which is the main cause of this declaration.

This was stated by a senior member of President General Musharraf’s legal team and Supreme Court lawyer, Ahmed Raza Kasuri, while replying to questions at the Middle East Institute’s event ‘Political and Constitutional Developments in Pakistan’ this morning in the MEI’s Boardman Room.

Former US ambassador to Pakistan and President MEI, Wendy J. Chamberlin, Vice President MEI, David L. Mack, MEI staff, members of the US and Pakistani media, students, and human rights activists were also present on the occasion.

Responding to a question, Ahmed Raza Kasuri said the lawyers were protesting as stakeholders of the emergency decision because they were receiving relief lavishly under the judicial activism as the courts released many terrorists. He added that the judicial activism without judicial restraint was not good for the country. He claimed that no political party is protesting the emergency declaration.

Replying to another query, he denied the allegation that the judges were being detained and questioned how come they were talking to the international media if there were strict restrictions on them. To a question about the arrests of the civil society members, Kasuri commented that they were not under arrest but they were being held under protective custody.
Kasuri argued for the emergency declaration and said that special circumstances demanded special steps. Referring to the US situation in the wake of 9/11 tragedy, he commented that if the US democratic set up with a history of 220 years behind it could give wide-ranging powers to the executive branch, democracy in Pakistan is still in the process of getting stronger.

Explicating his view on judicial activism in Pakistan, the senior advocate opined that all three branches of the government should play their role within the prescribed bounds of the Constitution and refrain from stepping out of their limits. When he was asked, does this imply Prevez Musharraf stepped out of his limits and violated his oath as Chief of Army Staff on October 12 1999 when he removed an elected government, he replied that a military coup was never a positive development but those were extraordinary circumstances because of malpractices and height of corruption in the country.

He also commented that Pakistan was a unique democracy where elected rulers behave like dictators and military dictators act like democratic leaders. Referring to President Hosni Mubarak of Egypt and Libyan leader Qaddafi, Kasuri argued that unlike those dictatorships Pakistan was a democratic country where military rules had not lasted more than 10 years.

Responding to a question about the status of elections in Pakistan, he replied that the country was facing a growing threat of terrorism and terrorists freely move across Pak-Afghan border. He added that human missiles [suicide bombers] had spread to every nook and corner of the country, therefore, the situation needed to be stabilized first.

Arguing for the emergency declaration, Kasuri dispelled the notion that it was a preemptive ‘strike’ by President General Pervez Musharraf against the judiciary. He said Musharraf’s legal position is secure as envisaged in the 17th Amendment of the Constitution and had no such problem. He added that the country’s security was the only reason Musharraf took this decision and added that extremism and terrorism were posing serious challenges to the national security.

When asked did he have any remorse for his support to two military rulers (General Zia and General Musharraf), Kasuri said he came from a notable family not from streets and always preferred the country’s best interest.

He told the audience that his family’s contribution to Pakistan’s democracy was an established fact and added that his role in framing the country’s constitution was similar to that of Thomas Jefferson’s role in the US Constitution making.

Kasuri said he was the only member who went to Dhaka to attend the assembly’s session in 1971 despite Zulfiqar Bhutto’s (the then leader of the Pakistan People’s Party) warning that he would not tolerate it.

Recalling his 1971 experience, he commented that elections could also turn out to be very divisive and said a part of Pakistan was truncated from it due to those elections.
Responding to a question about General Musharraf’s two offices, he said he would quit as army chief as soon as he takes oath as president as a result of the recent presidential elections in which he secured 57 per cent vote of the electoral college comprising all four provincial assemblies, National Assembly and Senate.

Earlier, Vice President MEI, David L. Mack introduced Ahmed Raza Kasuri to the audience and explained that the purpose of such events is to hear different views from various people. He clarified that Benazir Bhutto’s event at the MEI should not give an impression that this organization was taking sides and added that in the past a variety of other Pakistani leaders including Qazi Hussein Ahmed were also invited to express their views.

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