Advocate and human rights activist Hina Jilani has said that Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan's remarks against judge Zeba Chaudhry as well as regarding the appointment of the army chief are offensive and injurious to the civilian political process.
Appearing on a Naya Daur TV show with journalist Rabia Mehmood, she talked about the remarks Imran Khan made on September 5 where he questioned the 'patriotism' of an army chief that would be picked by Nawaz Sharif or Asif Ali Zardari.
https://www.youtube.com/watch?v=3iP3kPTf3mg&list=PL1t2qr7aViC15nbAQNVNU9R2pu2P640qZ&index=4
She said that while institutions may issue their own statements if their sentiments have been hurt, the truth is that by questioning the appointment of the army chief by a legitimate sitting government, Imran Khan is undermining civilian supremacy in the country. "Every sitting government, be it Nawaz Sharif's or Imran Khan's, has the constitutional mandate to nominate the army chief," she said, adding, "Imran Khan does not get to decide this."
She also talked about the indictment charges against Imran Khan for threatening judge Zeba Chaudhry during a power show in Islamabad on August 22. She said that the fact that the Islamabad High Court (IHC) has taken the case further than just a simple show-cause notice, and is now considering indicting him, indicates that they are unsatisfied with his response, as well as the arguments put forth by his lawyer.
Jilani said that the two amicus curiae asking the IHC to 'let the case go' was also unsatisfactory, especially since both had conceded that contempt of court had taken place. "They didn't attempt to make any defense as to why the contempt was necessary in that case, nor did they give any legal justifications for why they think the case should be ended," she said.
Jilani agreed with what one amicus curiae pointed out as the two factors to be taken into account during a contempt case; an unconditional apology and the conduct of the person. But she clarified that conduct didn't refer to a statement given while at court, but rather an observation of the behaviour of the individual when in similar external circumstances to when the statement was made. Jilani commented that Imran repeated the same remarks in speeches that followed the one in Islamabad, which signified that he felt no remorse.
She mentioned being disappointed in Maqdoom Ali Khan's remarks regarding the perception of the court. Khan had recommended that the court refrain from making decisions in such a case that would give the view that the court is attempting to corner a politician. "This was totally unfair and uncalled for, as the job of the amicus is not to convince the court to make or not make a decision because of fear of outside perception; the job of the court is to make laws, regardless of how it is perceived," she said.
She also spoke on the topic of enforced disappearances and said that the biggest disease in Pakistan and the biggest atrocity committed by the government and the state is the matter of enforced disappearances and extra-judicial killings. "I want to make this clear to you and the viewers: internationally, these are considered crimes against humanity, especially if it becomes so widespread that you can see patterns," she said, adding that the civilian government must 'bell the cat' and hold the perpetrators accountable. Even the Supreme Court is reluctant to take up cases of disappearances and has only spoken about principles against this crime, due to how strong the perpetrators are as per Jilani. The agencies alleged to have been involved in perpetrating the crime of enforced disappearances must "step back" if they do not want the international judicial mechanism to hold them accountable, warned Jilani. The Commission of Inquiry on Enforced Disappearances has not performed at all and victims are only released whenever the perpetrators decide to and the Commission takes credit. However the most critical step at the moment is to change the chair of the Commission as he has been colluding with the perpetrators. "This man has to go," reiterated Jilani, if the government is serious about justice for victims.
Appearing on a Naya Daur TV show with journalist Rabia Mehmood, she talked about the remarks Imran Khan made on September 5 where he questioned the 'patriotism' of an army chief that would be picked by Nawaz Sharif or Asif Ali Zardari.
https://www.youtube.com/watch?v=3iP3kPTf3mg&list=PL1t2qr7aViC15nbAQNVNU9R2pu2P640qZ&index=4
She said that while institutions may issue their own statements if their sentiments have been hurt, the truth is that by questioning the appointment of the army chief by a legitimate sitting government, Imran Khan is undermining civilian supremacy in the country. "Every sitting government, be it Nawaz Sharif's or Imran Khan's, has the constitutional mandate to nominate the army chief," she said, adding, "Imran Khan does not get to decide this."
She also talked about the indictment charges against Imran Khan for threatening judge Zeba Chaudhry during a power show in Islamabad on August 22. She said that the fact that the Islamabad High Court (IHC) has taken the case further than just a simple show-cause notice, and is now considering indicting him, indicates that they are unsatisfied with his response, as well as the arguments put forth by his lawyer.
Jilani said that the two amicus curiae asking the IHC to 'let the case go' was also unsatisfactory, especially since both had conceded that contempt of court had taken place. "They didn't attempt to make any defense as to why the contempt was necessary in that case, nor did they give any legal justifications for why they think the case should be ended," she said.
Jilani agreed with what one amicus curiae pointed out as the two factors to be taken into account during a contempt case; an unconditional apology and the conduct of the person. But she clarified that conduct didn't refer to a statement given while at court, but rather an observation of the behaviour of the individual when in similar external circumstances to when the statement was made. Jilani commented that Imran repeated the same remarks in speeches that followed the one in Islamabad, which signified that he felt no remorse.
She mentioned being disappointed in Maqdoom Ali Khan's remarks regarding the perception of the court. Khan had recommended that the court refrain from making decisions in such a case that would give the view that the court is attempting to corner a politician. "This was totally unfair and uncalled for, as the job of the amicus is not to convince the court to make or not make a decision because of fear of outside perception; the job of the court is to make laws, regardless of how it is perceived," she said.
She also spoke on the topic of enforced disappearances and said that the biggest disease in Pakistan and the biggest atrocity committed by the government and the state is the matter of enforced disappearances and extra-judicial killings. "I want to make this clear to you and the viewers: internationally, these are considered crimes against humanity, especially if it becomes so widespread that you can see patterns," she said, adding that the civilian government must 'bell the cat' and hold the perpetrators accountable. Even the Supreme Court is reluctant to take up cases of disappearances and has only spoken about principles against this crime, due to how strong the perpetrators are as per Jilani. The agencies alleged to have been involved in perpetrating the crime of enforced disappearances must "step back" if they do not want the international judicial mechanism to hold them accountable, warned Jilani. The Commission of Inquiry on Enforced Disappearances has not performed at all and victims are only released whenever the perpetrators decide to and the Commission takes credit. However the most critical step at the moment is to change the chair of the Commission as he has been colluding with the perpetrators. "This man has to go," reiterated Jilani, if the government is serious about justice for victims.