Ahsan Procures Adjournment to Feb. 1 in Gilani Contempt Case; Pasha Term to Expire; NATO Routes to Re-open?

Aitzaz Ahsan announcing his Black Flag Week campaign in 2008.

In his much-anticipated appearance today before Pakistan’s Supreme Court, Prime Minister Yousuf Raza Gilani was represented by Barrister Aitzaz Ahsan. [I must admit to a bit of bias here. Ahsan became something of a personal hero to me when he organized Pakistan’s Black Flag Week in March of 2008, eventually resulting in thousands of lawyers taking to the street and successfully securing the release and reinstatement of the Supreme Court Chief Justice who had been sacked and arrested by Pervez Musharraf. The picture at left is a screengrab from this YouTube of an appeal he sent out in organizing Black Flag Week.] The proceeding against Gilani was adjourned until February 1, in order for Aitzaz to prepare his case more fully. It also appears that Gilani has been excused from further personal appearances at the court.

In other Pakistan developments today, it appears that Ahmed Shuja Pasha will not have his term extended again as head of Pakistan’s ISI spy agency. The selection of a new ISI head will provide yet another front of intrigue in the ongoing struggles between the Zardari government and Pakistan’s military and intelligence forces. Also, it appears that Pakistan is getting close to re-opening NATO’s supply routes through the country, but with the addition of tolls.

Here is Dawn on the court proceedings:

The Supreme Court on Thursday adjourned the prime minister’s contempt hearing to Feb 1, leaving a brewing political crisis over corruption cases and presidential immunity unresolved.

The court has also exempted the premier from appearing for the upcoming hearing of the case.

Prime Minister Yousuf Raza Gilani appeared in the court today to explain why he should not be charged with contempt for failing to re-open old corruption cases against President Asif Ali Zardari.


Ahsan requested the court for a month’s time to file a response. He said the time was required to access and go through the case’s record. Responding to which, Justice Nasir-ul-Mulk said that access to records could be provided in two days’ time.

The Express Tribune has more on the issue of why Gilani did not write a letter to Swiss authorities, asking them to re-open their prosecution of Pakistani President Asif Ali Zardari:

Prime Minister Yousaf Raza Gilani appeared before the Supreme Court on Thursday in the contempt of court case against him and cited immunity for not writing a letter to the Swiss authorities.

“Before me, Zulfiqar Ali Bhutto, Nusrat Bhutto and Benazir Bhutto also faced courts,” Gilani said. He added that the legal background to why he did not write the letter would be explained by his counsel Aitzaz Ahsan.

Ahsan said that the prime minister was advised by the Law Ministry to not write a letter against the president. “I had been publicly saying that writing the letter would not make any difference,” Ahsan said.

I suppose it is not too surprising that Ahsan was chosen to represent Gilani, since Ahsan belongs to the PPP political party which Zardari heads, but because of how he helped to preserve the court against illegal actions by Musharraf, he seems likely to be highly respected by those on the bench.

Meanwhile, the Express Tribune also carries the news that ISI head Pasha will not be continuing in that position beyond March:

Given the spike in civil-military tensions, it comes as no surprise that the embattled government will not pursue any further extension to retain the services of Director General (DG) of the Inter-Services Intelligence (ISI) Lt General Ahmed Shuja Pasha.

To the contrary, the government is believed to be actively considering naming a successor before General Pasha’s extended tenure comes to an end on March 18. There have also been no indications that army chief General Ashfaq Parvez Kayani would be interested in an extension for the current DG ISI.

The appointment of a successor will assume greater significance in the backdrop of recent tensions. Even though the prime minister has the authority to appoint the future spymaster, it would be a rare move for the civilian government to take the decision without the military establishment on board.

The article goes on to mention potential candidates to replace Pasha:

Sources close to The Express Tribune have revealed that at least three names have surfaced for the post. Frontrunners include Chief of General Staff Lt General Wahid Arshad, Corps Commander Karachi Lt-General Muhammad Zahirul Islam and Corps Commander Peshawar Lt-General Khalid Rabbani. All three are to retire in 2014.

Another military source claimed that Lt-General Zahirul Islam is believed to be a strong contender for the position because of a previous stint with the ISI. Before being appointed Corps Commander Karachi, he was the head of ISI’s internal wing which dealt with counter-intelligence and domestic issues. However, there is no official confirmation on whether the army has formally forwarded the proposed names to the government.

The process of selecting a new ISI head will be an interesting dance among the Zardari government, the military and ISI. If Pasha can be replaced in a peaceful manner and with all parties satisfied with the choice, yet another potential disruption to civilian rule will have been avoided.

Reuters has the story on the likely re-opening of NATO supply routes:

Pakistan expects to re-open supply routes to NATO forces in Afghanistan, halted after a NATO cross-border air attack killed 24 Pakistani soldiers in November, but will impose tariffs, a senior security official told Reuters Thursday.

The move suggests tensions with the United States and NATO have eased, but more progress is needed for the kind of cooperation necessary to fight militancy in the border region which U.S. President Barack Obama has called the world’s most dangerous place.

The official said the fees were designed to both express continued anger over the November 26 attack and raise funds for the state to fight homegrown Taliban militants blamed for many of the suicide bombings across the country.

“The tariffs will cover everything from the port to security to roads, which after all belong to Pakistan,” the security official, who asked to remain anonymous, told Reuters.

No date was given for reopening the supply routes. Pakistan’s trade ministry was working out details of the tariffs, said the official.

The same Reuters article goes on to suggest that peace talks between the Taliban and Pakistan’s government are not making significant progress. Given the number of near crisis-level issues the government is facing now, it is perhaps not surprising that these talks are not progressing.


Many years ago, Jim got a BA in Radiation Biophysics from the University of Kansas. He then got a PhD in Molecular Biology from UCLA and did postdoctoral research in yeast genetics at UC Berkeley and mouse retroviruses at Stanford. He joined biosys in Palo Alto, producing insect parasitic nematodes for pest control. In the early 1990’s, he moved to Gainesville, FL and founded a company that eventually became Entomos. He left the firm as it reorganized into Pasteuria Biosciences and chose not to found a new firm due a clash of values with venture capital investors, who generally lack all values. Upon leaving, he chose to be a stay at home dad, gentleman farmer, cook and horse wrangler. He discovered the online world through commenting at Glenn Greenwald’s blog in the Salon days and was involved in the briefly successful Chris Dodd move to block the bill to renew FISA. He then went on to blog at Firedoglake and served a brief stint as evening editor there. When the Emptywheel blog moved out of Firedoglake back to standalone status, Jim tagged along and blogged on anthrax, viruses, John Galt, Pakistan and Afghanistan. He is now a mostly lapsed blogger looking for a work-around to the depressing realization that pointing out the details of government malfeasance and elite immunity has approximately zero effect.
9 replies
  1. Jim White says:

    Musharraf keeps saying he wants to return, but it also has been announced that he will be arrested if he does. The date for his return has been a bit mushy (pun intended) and I think he just hinted again at another delay.

  2. emptywheel says:

    I love that Pakistan is going to start charging a tariff. Why they didn’t do that from the start, I don’t know.

  3. PeasantParty says:

    For some reason, I don’t know why but my mind keeps doing a loop back to the female Leader that was murdered under Musharef. Could some of those secrets be what is hindering/holding up or blocking some areas of this?

  4. sona says:

    they lose the aid money and introduce tariffs to make up some of the shotfall – are tariffs applicable to all road users or only nato-isaf convoys?

    ahsan may be right in saying that a letter from the government to switzerland to reopen the case against zardari is unlikely to go anywhere since all relevant documents were handed over to the pakistani embassy in london – so, in effect, the government of pakistan has all the papers necessary, however, no case against zardari can be pursued in pakistan itself

    the guardian mentions the possibility of the court directing the military to enforce its order to write that letter – not sure that judiciary can direct the military this way, surely the military must take its orders from the parliament and the executive

    to even entertain such a possibility is in effect empowering the judiciary to order military coups against democratically elected governments

  5. Gitcheegumee says:


    US admits African war crimes suspect Charles Taylor was CIA agent …

    BBC News – Charles Taylor ‘worked’ for CIA in Liberia

    13 hours ago – US authorities say former Liberian leader Charles Taylor worked for its intelligence agencies, including the CIA, the Boston Globe reports.

  6. Gitcheegumee says:

    US admits African war crimes suspect Charles Taylor was CIA agent

    January 19, 2012 by Joseph Fitsanakis

    By JOSEPH FITSANAKIS | intelNews.org
    Ever since his 2006 arrest for war crimes, Liberia’s former President, Charles Taylor, has consistently claimed that he was an agent of the United States Central Intelligence Agency. Now declassified US government documents have officially confirmed that Taylor was indeed an agent of the CIA and the US Defense Intelligence Agency for several decades.
    The 63-year-old, who ruled his West African homeland from 1997 to 2003, is currently being tried at the United Nations Court in The Hague on multiple counts of civilian murders, rapes, and deploying underage soldiers during a brutal civil war in neighboring Sierra Leone.

    In July 2009, intelNews reported Taylor’s claim that his 1985 “escape” from the Plymouth County maximum security Correctional Facility in Massachusetts, which allowed him to return to Liberia and take over the country through a military coup, took place with US government assistance. His persistent claims led The Boston Globe newspaper to file a Freedom of Information Act (FOIA) request, which has resulted in the declassification of nearly 50 separate documents covering “several decades” of Taylor’s work for the CIA and the DIA. The documents confirm that both agencies employed Taylor as an agent beginning in the early 1980s, long before he became Liberia’s ruler. But the FOIA release does not contain details of Taylor’s work for US intelligence, in an alleged effort to “protect intelligence sources and methods” and so as not to “harm national security”, according to The Boston Globe

    US admits African war crimes suspect Charles Taylor was CIA agent …


    US admits African war crimes suspect Charles Taylor was CIA agent. January 19, 2012 by Joseph Fitsanakis Leave a Comment. Charles Taylor By JOSEPH …


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