04-21-2008, 01:49 AM
It was back in late 1997 when Mr Asif Ali Zardari was unduly victimized and promulgated with every ifs, butt’s and happening to be responsible thereby relating all issues to the present god father , by present coalition partners ,their progenitor and their siblings. By this I do not mean to give, the honorable leader, a clean chit but its what that I am expressing on behalf of our judiciary and present governmental policies with respect to the bearer which clearly supports my words that it was an undue victimization, as can be seen by his fair release from all such issues .
Under such active disposal of criminal, civil and constitutional cases against the chair bearer, modes and method of all such institutes involved does need to be scrutinized on wrongful, undue and illegal detention for so many years in the form and shape of awarded jail, torture and media trial, and it’s the right of the nation that all such elements that has caused this lapse should highlight the motive behind or admit that what has been done with him or will be done with similar appointment holders in future with any political belongings, were and will be based on bias and untoward policies of establishment .
Although his name was excessively used to victimized in a real sense to manipulate via malafide and malicious strategies targeting Shaheed Mohtarma Benazir Bhutto but the ever branded trend of such political rivalry to treat opponent has always received a toppling gesture after few years of hardship of suspects ,as can be seen in present welcome .
Closely looking , the personality of Mr Zardari was always the point of criticism in the field politics of Pakistan and peoples party itself but being life partner Shaheed mohtarma has never let these shadows to take over her husband in the midst like every Pakistani wife thus saving and guarding her husband from all such evil forces like loving and faithful wife.
To reinforce my above Para, the observation has not been just floated as an idea of interpretation but it’s the truth that has been discovered during Mr Asif tenure in jail about 10 years back.
It was back in early 1997, when mohtarma, called Mr Km Nadeem (late) to Bilawal house .Mr Nadeem was prominent constitutional and criminal expert and lawyer with profound grip on the subject.
Although the subject call was related to her excessive targeting by Nawaz sharif and his companion but in the mean time of said grievances she asked mr Nadeem to look and check ,if her husband can be made to take oath as senator in senate of Pakistan .
Mr Nadeem like all professional lawyer of remarks and peaks paid no attention to her request and without being diversified continued to save mohtarma from illegal manipulations of ehtasaab bureau and Saifur rehman and many such issues at that time.
If I look at and scrutinize the above Para it will be astonishing for me that how can it be possible that mohtarma say can be turned down by any lawyer of her own.
But to continue in the contest it is to highlight that Mr Nadeem was the only lawyer in PPP who has never charged the Individual in the contest of fee and rewards as in his opinion “she was like my daughter and because her father was a fiend of mine so I owe something to deliver her after his death specially at the time of want, so its my responsibility to save her”.
Once mohtarma benazir Bhutto asked him that what would be your fees? His answer was “I have a running office just stick to your reservation and request”.
The point of definition here is that benazir Bhutto was well aware of the fact that a person going and obliging her without the element of favor or reward can only be managed on his own move and will and this was the attitude of ill attention and unresponsiveness that was responded during her request to do something for zardari as senator.
However if we look now and scrutinize what happened on the request, we can very well assessed that mr Nadeem was never unaware that what is to be done and when is to be done and initiated , the request of benazir .
Here I would like to emphasize that appointment of Mr Zardari as senator was very important to the mohtarma as it would make her husband in “A” class of detainees with classified benefits and safety in jail.
After months of silence, Mr Nadeem asked mohtarma Shaheed benazir to send some one to sign petition for appointment of zardari as senator. She was too happy to hear but could not probably make out the exact ground of the plea which would likely be the desirable motive .However Mr Munawwer soharwardy was sent to officially challenge the admissibility of the petition in the court.
None of the individual knew that how the petition would benefit the individual on such an environment of targeted and political victimization and neither any explanation was provided by the expert, of his line of action for the relief.
On 23rd September 1997, a petition was filed in the high court of sindh at Karachi by petitioner Munawwer soharwardy in which pray was made that the court may declare the senate of Pakistan being short of one elected member, on its roll, its corum non judice and all its previous, and current proceedings with its due constitution are ab-initio void and without jurisdiction.
It was the same period in which succession of Mr Justice Rafiqq tarrar as president of Pakistan was in due.
The petition came up of hearing on 01 October for admissibility with respondents, federation of Pakistan, the senate of Pakistan, the election commission, and province of sindh where as Asif ali zardari was placed as Performa respondent .
It was stated in the petition that article 59(1) of the constitution has fixed the total numerical strength of the membership of the senate as 87, for its composition and due constitution .The allocation of seats for member ship of the senate are described and prescribed in the later provision of article 59.
The petitioner stated through the petitioner that proforma respondent mr Asif ali zardari contested the election for member ship of the senate against one such vacant seat in the allocated quota of province of sindh as a PPP candidate from inside central prison where he is being defamed as under trial prisoner for his alleged involvement in criminal cases .
Due to physical restrain he could not make himself available for signing the roll of member ship of the senate .He also did not participate in the proceeding of senate in terms of mandatory requirements of article of article 65 of the constitution .
It was further stated in the petition that respondent and the chairman senate has failed to discharge their duties and constitutional obligation by not making arrangement and necessary for proforma respondent to sign the roll of senate .
The petition also cited article 255(2) to recourse to enable vide article, for the purpose of constitution of the senate through nomination, any person to obtain signature of respective proforma respondent mr Asif ali zardari on the roll of senate, as required under article 65 of the constitution .
It was prayed on behalf of the petitioner to declare senate of Pakistan being short of its member ,and roll a corum non judice with proceedings conducted without its due constitution are ab-initio void and without jurisdiction.
Notices were issued to the respondents and dates were sorted to submit comments on the plea.
On 10 December urgent application was moved in the high court to initiate urgent hearing on the issue as election in the office of the president has been announced and in which senate has also been the Electoral College.
Under the current noncomposition of senate being corum non judice (not properly constituted) is to restrained from the functioning, the present illegal body may serve as an electoral college, thereby the unconstitutionality appertained to the senate may be carried to the office of the president and duly elected senator shall stand disfranchised because of the failure of the chairman senate to administer oath under article 65.
On 18nth December hearing was put up twice before benches but the bench showed their in ability to hear the same and was put to date on 24th December, keeping reservation and granting time to the government to proceed and decide the matter. In the mean time urgent plea to grant stay to the e election of president was sort and during the same period a day before the election of the president mr Asif ali zardari was subjected to oath as senator ,whereas the petition was later disposed on the subject of prior grant of relief.
If we look at available facts and figure on ground of literate proceedings and expertise of subject lawyer ,it is crystal clear that a calculated event of expertise in the form of move was initiated that culminated in to the required desire of the honorable lady ,so to relief her husband but the move that was taken by the lawyer shows remarkable piece of master work and professionalism tackling and intensifying as and per requirement of the client at the right time and right place sabotaging the designed delayed process of judicature.
This is the real exemplified example of the real god father; on back benches with expertise in their subject that simply play their roles on ground of professionalism.
Here if I recall my memory of irresistible thoughts, although mohtarma was too anxious as to the election of president for her desirable relief was just a few more step ahead though subject to grant of stay but during that period, I found a profound and static smile on Mr Nadeem face. On my query as regard to the fate for decision and zardari’s oath, he simply glimpsed and replied that every thing will be O.K, as if he knew that what will happen before decision.
It was the same expression which seconded my opinion when mohtarma with cherish able voice called Mr Nadeem at about some 8pm, a day before election that “Saie, zardari has taken the oath, my heartiest congrats thank you”.
Although it was not the only relief that was been granted to Mr Asif, by those who were affiliated with mohtarma benazir Bhutto, but many such events that Mr Zardari, himself recognizes, has received many such gesture because and by virtue of his loving wife.
Under the portfolio of such massive mandate, he should abstain from disremembering those silent motivators and well wishers that had supported and looked after his belongings without meritorious desire for rewards.
It is important to award positions to those that had spent real time with him, but people who looked after him from other sight and scenes should not be neglected as these are the all time people who can manipulate and guard him and his belonging in the name of mohtarma benazir Bhutto Shaheed.